HR 2546 EAS
(b) A new section 2406 is added to read as fol-
lows:
‘‘SEC. 2406. ABOLISHMENT OF POSITIONS FOR FISCAL YEAR
1996.
‘‘(a) Notwithstanding any other provision of law, regu-
lation, or collective bargaining agreement either in effect
or to be negotiated while this legislation is in effect for the
fiscal year ending September 30, 1996, each agency head
is authorized, within the agency head’s discretion, to iden-
tify positions for abolishment.
‘‘(b) Prior to February 1, 1996, each personnel author-
ity shall make a final determination that a position within
the personnel authority is to be abolished.
‘‘(c) Notwithstanding any rights or procedures estab-
lished by any other provision of this title, any District gov-
ernment employee, regardless of date of hire, who encumbers
a position identified for abolishment shall be separated
without competition or assignment rights, except as pro-
vided in this section.
‘‘(d) An employee effected by the abolishment of a posi-
tion pursuant to this section who, but for this section would
be entitled to compete for retention, shall be entitled to one
round of lateral competition pursuant to Chapter 24 of the
District of Columbia Personnel Manual, which shall be lim-
ited to positions in the employee’s competitive level.
HR 2546 EAS
‘‘(e) Each employee who is a bona fide resident of the
District of Columbia shall have added 5 years to his or her
creditable service for reduction-in-force purposes. For pur-
poses of this subsection only, a nonresident District em-
ployee who was hired by the District government prior to
January 1, 1980, and has not had a break in service since
that date, or a former employee of the U.S. Department of
Health and Human Services at Saint Elizabeths Hospital
who accepted employment with the District government on
October 1, 1987, and has not had a break in service since
that date, shall be considered a District resident.
‘‘(f) Each employee selected for separation pursuant to
this section shall be given written notice of at least 30 days
before the effective date of his or her separation.
‘‘(g) Neither the establishment of a competitive area
smaller than an agency, nor the determination that a spe-
cific position is to be abolished, nor separation pursuant
to this section shall be subject to review except as follows:
‘‘(1) An employee may file a complaint contest-
ing a determination or a separation pursuant to title
XV of this Act or section 303 of the Human Rights
Act of 1977, effective December 13, 1977 (D.C. Law
2–38; D.C. Code, sec. 1–2543); and
‘‘(2) An employee may file with the Office of
Employee Appeals an appeal contesting that the sepa-
HR 2546 EAS
ration procedures of subsections (d) and (f) of this
section were not properly applied.
‘‘(h) An employee separated pursuant to this section
shall be entitled to severance pay in accordance with title
XI of this Act, except that the following shall be included
in computing creditable service for severance pay for em-
ployees separated pursuant to this section:
‘‘(1) Four years for an employee who qualified
for veteran’s preference under this Act, and
‘‘(2) Three years for an employee who qualified
for residency preference under this Act.
‘‘(i) Separation pursuant to this section shall not af-
fect an employee’s rights under either the Agency Reemploy-
ment Priority Program or the Displaced Employee Pro-
gram established pursuant to Chapter 24 of the District
Personnel Manual.
‘‘(j) The Mayor shall submit to the Council a listing
of all positions to be abolished by agency and responsibility
center by March 1, 1996, or upon the delivery of termi-
nation notices to individual employees.
‘‘(k) Notwithstanding the provisions of section 1708 or
section 2402(d), the provisions of this act shall not be
deemed negotiable.
‘‘(l) A personnel authority shall cause a 30-day termi-
nation notice to be served, no later than September 1, 1996,
HR 2546 EAS
on any incumbent employee remaining in any position
identified to be abolished pursuant to subsection (b) of this
section.’’.
DELAY IN CONVEYANCE OF PROPERTY TO COLUMBIA HOS-
PITAL FOR WOMEN FOR NATIONAL WOMEN’S HEALTH
RESOURCE CENTER
SEC. 150. Effective as if included in the enactment of
Public Law 103–67, section 1(c)(1) of Public Law 103–67
(107 Stat. 687) is amended by striking ‘‘1 year’’ and insert-
ing ‘‘3 years’’.
This title may be cited as the ‘‘District of Columbia
Appropriations Act, 1996’’.
TITLE II—DISTRICT OF COLUM-
BIA SCHOOLS IMPROVEMENT
ACT
Subtitle A—Establishment and Or-
ganization of Commission on
Consensus Reform in the District
of Columbia Public Schools
SEC. 201. DEFINITIONS.
For purposes of this subtitle—
(1) 
COMMISSION.—The 
term 
‘‘Commission’’
means the Commission on Consensus Reform in the
District of Columbia Public Schools.
HR 2546 EAS
(2) BOARD OF EDUCATION OR BOARD.—The term
‘‘Board of Education’’ or ‘‘Board’’ means the Board
of Education of the District of Columbia.
(3) AUTHORITY.—The term ‘‘Authority’’ means
the District of Columbia Financial Responsibility
and Management Assistance Authority.
(4) EDUCATIONAL
PLAN.—The term ‘‘Edu-
cational Plan’’ means the System-Wide Educational
Reform Goals and Objectives Plan developed and im-
plemented under this Act.
(5) MAYOR.—The term ‘‘Mayor’’ means the
Mayor of the District of Columbia.
(6) COUNCIL.—The term ‘‘Council’’ means the
Council of the District of Columbia.
SEC. 202. COMMISSION ON CONSENSUS REFORM IN THE
DISTRICT OF COLUMBIA PUBLIC SCHOOLS.
(a) ESTABLISHMENT.—
(1) IN GENERAL.—There is hereby established the
Commission on Consensus Reform in the District of
Columbia Public Schools, consisting of 7 members to
be appointed in accordance with paragraph (2).
(2) MEMBERSHIP.—The Commission shall con-
sist of the following members:
HR 2546 EAS
(A) 1 member to be appointed by the Presi-
dent chosen from a list of 3 proposed members
submitted by the Majority Leader of the Senate;
(B) 1 member to be appointed by the Presi-
dent chosen from a list of 3 proposed members
submitted by the Speaker of the House of Rep-
resentatives;
(C) 2 members to be appointed by the Presi-
dent, 1 who shall represent the local business
community and 1 who is a teacher in the Dis-
trict of Columbia public schools.
(D) The President of the District of Colum-
bia Congress of Parents and Teachers.
(E) The President of the District of Colum-
bia Board of Education.
(F) The Superintendent of Public Schools of
the District of Columbia.
(G) The Mayor and Council Chairman shall
each name one non-voting ex-officio member.
(H) The Chief of the National Guard Bu-
reau who shall be an ex officio member.
(3) TERMS OF SERVICE.—The members of the
Commission appointed under subparagraphs (A), (B),
and (C) of paragraph (2) shall appointed for a term
of 3 years.
HR 2546 EAS
(4) VACANCIES.—Any vacancy in the member-
ship of the Commission shall be filled by the appoint-
ment of a new member in the same manner as pro-
vided for the vacated membership. A member ap-
pointed under this paragraph shall serve the remain-
ing term of the vacated membership.
(5) QUALIFICATIONS.—Members of the Commis-
sion appointed under subparagraphs (A), (B), and
(C) of paragraph (2) shall be city residents with a
knowledge of education.
(6) CHAIR.—The chair of the Commission shall
be chosen by the Commission from among its mem-
bers, except that the President of the Board of Edu-
cation and the Superintendent of Public Schools shall
not be eligible to serve as chair.
(7) NO COMPENSATION FOR SERVICE.—Members
of the Commission shall serve without pay, but may
receive reimbursement for any reasonable and nec-
essary expenses incurred by reason of service on the
Commission.
(b) EXECUTIVE DIRECTOR.—The Commission shall
have an Executive Director who shall be appointed by the
Chair with the consent of the Commission. The Executive
Director shall be paid at a rate determined by the Commis-
HR 2546 EAS
sion, except that such rate may not exceed the highest rate
of pay payable for level EG16 of the Educational Service.
(c) STAFF.—With the approval of the Chair, the Exec-
utive Director may appoint and fix the pay of additional
personnel as the Executive Director considers appropriate,
except that no individual appointed by the Executive Direc-
tor may be paid at a rate greater than the rate of pay for
the Executive Director.
(d) The Board shall reprogram such funds, as the
chairman of the Commission shall in writing request, from
amounts available to the Board.
SEC. 203. GENERAL POWERS.
(a) IN GENERAL.—The Commission shall have the fol-
lowing powers:
(1) Financial control over the District of Colum-
bia public schools exercised through the Authority.
(2) To approve and monitor the development
and implementation of the Board’s Educational Plan.
(3) To exercise its authority, as provided in this
subtitle, as necessary to facilitate implementation of
the Board’s Educational Plan.
(4) To promulgate rules concerning the manage-
ment and direction of the Board, as deemed nec-
essary, to address obstacles to the development or im-
plementation of the Educational Plan.
HR 2546 EAS
(b) LIMITATION.—Except as otherwise provided in this
subtitle, the Commission shall have no powers to involve
itself in the management or operation of the Board in the
implementation of the Educational Plan.
SEC. 204. SYSTEM-WIDE EDUCATIONAL REFORM GOALS AND
OBJECTIVES PLAN.
(a) BOARD PLAN.—The Board shall develop, adopt,
and submit to the Commission on or before March 1, 1996,
a System-Wide Educational Reform Goals and Objectives
Plan with respect to the 1996–1997 school year. Thereafter,
the Board shall develop, adopt and submit to the Commis-
sion on or before March 1 of each year an Educational Plan
for the coming school year. The Board shall have an Edu-
cational Plan for every year.
(b) COMMISSION APPROVAL.—The Commission shall
approve or reject, in whole or in part, the Educational Plan
submitted to it by the Board within 30 days of its receipt.
No Educational Plan shall have force or effect without ap-
proval of the Commission.
(c) DEVELOPMENT
AND CENTERS
FOR APPROVAL
PLAN.—Each Educational Plan shall be developed, submit-
ted, approved, and monitored in accordance with the follow-
ing procedures:
(1) Each Educational Plan shall include specific
provisions designed to accomplish the following objec-
HR 2546 EAS
tives and reflect the cumulative effect of the Local
School Restructuring Team (LSRT) in terms of stu-
dent needs, financial requirements, and timeliness for
implementation:
(A) To ensure, to the extent possible with
available categorical funds designated for this
purpose, the provision of education services to all
eligible children for the 1997–1998 school year
and thereafter.
(B) To increase the level of parental in-
volvement in the education of their children.
(C) To enhance the range of authority, re-
sponsibility, and accountability of principals.
(D) To restructure the relationship of the
Board and its administrative staff to local
schools so that the relationship is characterized
by less centralized control.
(E) To ensure that all personnel have access
to appropriate training opportunities.
(F) To ensure the provision of sufficient
staff and facility resources for compliance with
court orders.
(G) To ensure the equitable distribution
among the schools and programs of funds budg-
HR 2546 EAS
eted by the Board in accordance with applicable
laws, rules and regulations.
(H) To ensure that more schools are given
the opportunity to operate with more autonomy.
(I) To ensure a new, fair, demanding eval-
uation process and more and better opportunities
for teacher preparation.
(J) To generate a sense of urgency in the
business and philanthropic community and en-
list them in targeted support for very particular,
concrete school reform goals.
(K) To address the school governance issue,
and to recommend, within 1 year from the date
of the appointment of the members of the Com-
mission constituting a quorum, to the Council,
the Mayor, and the relevant committees of the
Congress an alternative to the current structure
that will eliminate the division of responsibility
and accountability among the Board of Edu-
cation, the District Council and the Mayor.
(2) Each Educational Plan shall include specific
provisions to ensure the best possible utilization of
public school space, including provisions—
(A) to prepare a plan for adaptive reuse of
schools and consolidation;
HR 2546 EAS
(B) to develop a five-year capital improve-
ment plan to carry out an approved facilities
master plan which provides for a system-wide
modernization of public schools;
(C) to institute management systems to sup-
port the implementation of the capital plan, in
consultation and cooperation with the Mayor
and Authority; and
(D) to identify and develop revenue sources
for the approved capital improvement plan.
SEC. 205. ELEMENTS OF THE SYSTEM-WIDE EDUCATIONAL
REFORM GOALS AND OBJECTIVES PLAN.
(a) PLAN GOALS.—Each Educational Plan shall con-
tain a detailed description, including estimates of financial
costs and expected dates of completion, of—
(1) the Board’s school reform goals and objec-
tives;
(2) the Board’s strategy for implementing its
school reform goals and objectives;
(3) the Board’s plans and strategy for imple-
menting applicable District laws enacted to affect
school reform;
(4) the Board’s strategy for developing and im-
plementing district-wide guidelines, rules, and proce-
dures with respect to local school decision making as
HR 2546 EAS
provided by applicable District law enacted as part
of any school reform legislation;
(5) the Board’s goals and objectives for the 2-
year period subsequent to the school year for which
the Educational Plan applies, as prescribed by the
Commission; and
(6) such other information and detail as may be
prescribed by the Commission.
(b) STANDARDS AND PROCEDURES.—The Commission
may prescribe any reasonable time, standards, procedures,
or forms for preparation and submission of the Educational
Plan.
(c) APPROVAL CRITERIA.—The Commission shall ap-
prove an Educational Plan submitted by the Board if, in
the Commission’s judgment, the Educational Plan is—
(1) complete;
(2) reasonably capable of being achieved;
(3) supported by demonstrably sufficient and
available funding;
(4) responsive to any Commission directives or
requirements;
(5) consistent with applicable District laws en-
acted to affect school reform; and
(6) reasonably capable of achieving substantial
progress toward improving the educational achieve-
HR 2546 EAS
ment of the students and is consistent with the Bring-
ing Educational Services to Students (BESST) agen-
da, the District of Columbia Reform Agenda, and the
District of Columbia Public Schools Goals 2000 Plan.
(d) REJECTION AND REVISION.—If the Commission re-
jects an Educational Plan submitted by the Board, the
Commission may prescribe a procedure and standards for
revision and resubmission of the Educational Plan by the
Board. If, within 60 days after the Commission notifies the
Board of the Commission’s rejection of the Board’s Edu-
cational Plan and of the procedures and standards for revi-
sion and resubmission, the Board fails to approve and re-
submit a revised plan acceptable to the Commission, the
Commission may make revisions and adopt a final Edu-
cational Plan and direct the Superintendent to implement.
(e) REPORTING REQUIREMENTS.—The Board shall re-
port to the Commission, at such times and in such manner
as the Commission may direct, concerning the Board’s im-
plementation of each approved Educational Plan. The Com-
mission may review the Board’s operations, obtain edu-
cational and financial data, require the Board to produce
reports, and have access to any other information in the
possession of the Board that it deems relevant. The Commis-
sion may issue recommendations or directives within its
powers to the Board for the implementation of the approved
HR 2546 EAS
Educational Plan. The Board shall produce such reports
and other information and comply with such directives.
(f) NOTICE OF MODIFICATION.—After approval of each
Educational Plan, the Board shall promptly notify the
Commission of any material change in any matter con-
tained in the approved Educational Plan. The Board may
submit to the Commission or the Commission may require
the Board to submit, a modified Educational Plan based
upon revised information. The Commission shall approve
or reject each modified Educational Plan pursuant to sub-
section (c).
SEC. 206. CONSISTENCY WITH SYSTEM-WIDE EDUCATIONAL
REFORM GOALS AND OBJECTIVES PLAN.
(a) LIMITS ON CONTRACTING.—The Board shall not
enter into any contract, agreement, or other obligation un-
less it is consistent with the Educational Plan in effect.
(b) COMMISSION AUTHORITY OVER CONTRACTING.—
The Commission shall have no power to impair any exist-
ing contract or obligation of the Board; except, however,
that the Commission may direct the Board to modify or
amend the Board rules or policies that the Commission
deems necessary to facilitate development or implementa-
tion of the Educational Plan.
(c) REVIEW OF CONTRACTS.—The Commission may
request that the Authority review proposed or existing con-
HR 2546 EAS
tracts or leases pursuant to section 203(b) of the District
of Columbia Financial Responsibility and Management As-
sistance Act of 1995 (Public Law 104–8; 109 Stat. 118).
SEC. 207. EDUCATIONAL PERFORMANCE AUDITS.
The Commission may examine and audit records of
the Board or require the Board to examine and audit its
records at such time and in such manner as the Commis-
sion may prescribe to assure, monitor, and evaluate the per-
formance of the Board with respect to compliance with an
approved Educational Plan and its overall educational
achievement. The Commission shall conduct an annual
audit of the educational performance of the Board with re-
spect to meeting the goals of the Educational Plan for such
year. The audit technique, content, and procedures shall be
determined by the Commission. The Board shall cooperate
and assist in the audit as requested by the Commission.
SEC. 208. INVESTIGATIVE POWERS.
The Commission may investigate any action or activ-
ity which may hinder the progress of any part of an ap-
proved Educational Plan. The Board shall cooperate and
assist the Commission in any investigation. Reports of the
findings of any such investigation shall be provided to the
Board, Superintendent of the District of Columbia Public
Schools, the Mayor, the Council, the Authority, the Commit-
HR 2546 EAS
tees on Appropriations of the Senate and House of Rep-
resentatives.
SEC. 209. RECOMMENDATIONS OF THE COMMISSION.
(a) IN GENERAL.—The Commission may at any time
submit recommendations to the Board, Mayor, the Council,
and the Congress on actions the District government or the
Federal Government should take to ensure implementation
of the approved Educational Plan.
(b) RESPONSE TO RECOMMENDATIONS FOR ACTIONS
WITHIN AUTHORITY OF THE BOARD OF EDUCATION.—
(1) IN
GENERAL.—In the case of any rec-
ommendations submitted under subsection (a) which
are within the authority of the District of Columbia
government to adopt, not later than 90 days after re-
ceiving the recommendations, the Board, shall submit
a statement to the Commission which provides notice
as to whether the Board will adopt the recommenda-
tions.
(2) IMPLEMENTATION
PLAN
REQUIRED
FOR
ADOPTED RECOMMENDATIONS.—If the Board notifies
the Commission under paragraph (1) that the Board
will adopt any of the recommendations submitted
under subsection (a), the Board shall include in the
statement a written plan to implement the rec-
ommendation which includes—
HR 2546 EAS
(A) specific performance measures to deter-
mine the extent to which the Board has adopted
the recommendation; and
(B) a schedule for auditing the Board’s
compliance with the plan.
(3) 
EXPLANATIONS
REQUIRED
FOR
REC-
OMMENDATIONS NOT ADOPTED.—If the Board notifies
the Commission under paragraph (1) that the Board
will not adopt any recommendation submitted under
subsection (a) which the Board has authority to
adopt, the Board shall include in the statement expla-
nations for the rejection of the recommendations.
(4) COMMISSION
REACTION
TO
NONRESPONSE
FROM BOARD OR REJECTION OF RECOMMENDATION.—
(A) In the instance where there is no response from
the Board at the end of 90 days the Commission shall
immediately notify, including the written rec-
ommendation submitted under subsection (a) to the
Board, the other elements of the District of Columbia
government and the Committee on Governmental Af-
fairs of the Senate, the Committee on Government Re-
form and Oversight of the House of Representatives,
and the Committees on Appropriations of the Senate
and the House of Representatives.
HR 2546 EAS
(B) The Commission may then direct the Super-
intendent to carry out such recommendation.
SEC. 210. VACANCY IN SUPERINTENDENT OF PUBLIC
SCHOOLS.
(a) Notwithstanding any other provision of law, the
Board shall notify the Commission within 10 days of the
occurrence of a vacancy in the Superintendent of Public
Schools.
(b) Upon receipt of the notice described in (a) the Com-
mission shall, as soon as is practicable, conduct a search
for candidates for the office of Superintendent of Public
Schools and submit the names of 3 candidates to the Board.
(c) Within 30 days of the receipt of the names described
in (b) the Board shall choose one to be the Superintendent
of the District of Columbia Public Schools.
SEC. 211. IMPROVING ORDER AND DISCIPLINE.
(a) DRESS CODE.—
(1) IN GENERAL.—Not later than the first day of
the 1996-1997 school year, the Commission shall de-
velop and implement, through the Board of Education
and the Superintendent of Schools, a uniform dress
code for the District of Columbia Public Schools.
(2) CONSIDERATIONS.—The dress code—
(A) shall include a prohibition of gang
membership symbols;
HR 2546 EAS
(B) shall take into account the relative costs
of any policy for each student; and
(C) may include a requirement that stu-
dents wear uniforms.
(b) COMMUNITY SERVICE REQUIREMENT FOR SUS-
PENDED STUDENTS.—
(1) IN GENERAL.—Any student suspended from
classes at a District of Columbia Public School who
is required to serve the suspension outside the school
shall perform community service for the period of sus-
pension. The community service required by this sub-
section shall be subject to rules and regulations pro-
mulgated by the Mayor.
(2) EFFECTIVE DATE.—This subsection shall take
effect beginning on the first day of the 1996-1997
school year.
(c) EXPIRATION DATE.—This section and the member-
ship provided in section 202(a)(2)(H) shall expire on the
last day of the 1997–1998 school year.
(d) REPORT.—The Commission shall study the effec-
tiveness of the policies implemented pursuant to this section
in improving order and discipline in schools and report
its findings to the appropriate committees of Congress 60
days before the last day of the 1997–1998 school year.
HR 2546 EAS
SEC. 212. EXPIRATION DATE.
This subtitle shall expire on September 30, 2016.
Subtitle B—Charter Schools
SEC. 213. PURPOSE.
The purpose of this subtitle is to permit the District
of Columbia to establish charter schools to improve the edu-
cation of students and encourage community involvement
in education.
SEC. 214. DEFINITIONS.
For purposes of this subtitle—
(1) CHARTER
SCHOOL.—The term ‘‘charter
school’’ means a public school that—
(A) operates under a charter granted for a
period of 5 years by the Commission on Consen-
sus Reform in the District of Columbia Public
Schools or the Board of Education of the District
of Columbia and functions independently of the
D.C. Public Schools as a local education agency
and is exempted from significant local rules that
inhibit the flexible operation and management of
public schools, but not from any rules relating to
other requirements under this subtitle;
(B) is created by a developer as a public
school, or is adapted by a developer from an ex-
isting public school, or an existing non-Public
HR 2546 EAS
School, and is operated under public supervision
and direction;
(C) operates in pursuit of a specific set of
educational objectives determined by the school’s
developer and agreed to by the authorized public
chartering agency;
(D) provides a program of elementary or
secondary or both;
(E) is nonsectarian in its programs, admis-
sions policies, employment practices, and all
other operations, and is not affiliated with a sec-
tarian school or religious institution;
(F) does not charge tuition;
(G) is governed by a Board of Trustees;
(H) complies with the Age Discrimination
Act of 1975, title VI of the Civil Rights Act of
1964, title IX of the Education Amendments of
1972, section 504 of the Rehabilitation Act of
1973, and part B of the Individuals With Dis-
abilities Education Act;
(I) admits students on the basis of a lottery,
if more students apply for admission than can
be accommodated;
(J) agrees to comply with the same Federal
and District of Columbia audit requirements as
HR 2546 EAS
do other elementary and secondary schools in the
District of Columbia, unless such requirements
are specifically waived for the purpose of this
program; and
(K) meets all applicable Federal and local
health and safety requirements.
(2) DEVELOPER.—The term ‘‘developer’’ means
an individual or group of individuals (including a
public or private organization) which may include
teachers, administrators and other school staff, par-
ents, or other members of the local community in
which a charter school project will be carried out.
(3) ELIGIBLE
APPLICANT.—The term ‘‘eligible
applicant’’ means an authorized public chartering
agency participating in a partnership with a devel-
oper to establish a charter school.
(4) PUBLIC
CHARTERING
AGENCY.—The term
‘‘public chartering agency’’ means the Commission on
Consensus Public School Reform and the District of
Columbia Board of Education.
SEC. 215. APPLICATION.
(a) IN GENERAL.—A petition for a public school char-
ter shall be a written proposed agreement between an eligi-
ble applicant seeking to establish a public charter school
and an eligible chartering agency.
HR 2546 EAS
(b) CONTENTS
OF APPLICATION.—The application
shall contain—
(1) a description of the objectives of the Local
Educational Agency’s charter school grant program
and a description of how such objectives will be ful-
filled, including steps taken by the local educational
agency to inform teachers, parents, and communities
of the local educational agency’s charter school grant
program;
(2) a description of how the program will enable
all students to meet challenging student performance
standards as established by the local educational
agency;
(3) the grade levels or ages of children to be
served;
(4) the curriculum and instructional practices to
be used;
(5) a description as to how the charter school
will be managed;
(6) a description of the charter school’s objectives
and the methods by which the charter school will de-
termine its progress toward achieving those objectives;
(7) a description of the administrative relation-
ship between the charter school and the authorized
public chartering agency;
HR 2546 EAS
(8) a description of how parents and other mem-
bers of the community will be involved in the design
and implementation of the charter school;
(9) a request and justification for waivers of any
Federal statutory or regulatory provisions that the
applicant believes are necessary for the successful op-
eration of the charter school, and a description of any
local rules, generally applicable to public schools, that
will be waived for, or otherwise not apply, to the
school;
(10) a description of how students in the commu-
nity will be informed about the charter school and
given an equal opportunity to attend the charter
school; and
(11) an assurance that the eligible applicant will
annually provide the Secretary of Education, the
Congress, and the local educational agency such infor-
mation as may be required to determine if the charter
school is making satisfactory progress.
SEC. 216. SELECTION CRITERIA FOR ELIGIBLE APPLICANTS.
Charter schools shall be selected by the public charter-
ing agency by taking the following factors into consider-
ation:
(1) The quality of the proposed curriculum and
instructional practices.
HR 2546 EAS
(2) The degree of flexibility afforded by the local
educational agency.
(3) The extent of community support for the ap-
plication.
(4) The ambitiousness of the objectives for the
charter school.
(5) The quality of the strategy for assessing
achievement of those objectives.
(6) The likelihood that the charter school will
meet those objectives and improve educational results
for students.
TITLE III—MISCELLANEOUS
PROVISIONS
SEC. 301. None of the funds provided in this Act may
be used directly or indirectly for the renovation of the prop-
erty located at 227 7th Street Southeast (commonly known
as Eastern Market), except that funds provided in this Act
may be used for the regular maintenance and upkeep of
the current structure and grounds located at such property.
SEC. 302. ENERGY SAVINGS AT DISTRICT OF COLUMBIA FA-
CILITIES.
(a) REDUCTION IN FACILITIES ENERGY COSTS.—
(1) IN GENERAL.—The head of each agency of
the District of Columbia for which funds are made
available under this Act shall—
HR 2546 EAS
(A) take all actions necessary to achieve
during fiscal year 1996 a 5 percent reduction,
from fiscal year 1995 levels, in the energy costs
of the facilities used by the agency; or
(B) enter into a sufficient number of energy
savings performance contracts with private sec-
tor energy service companies under title VIII of
the National Energy Conservation Policy Act (42
U.S.C. 8287 et seq.) to achieve during fiscal year
1996 at least a 5 percent reduction, from fiscal
year 1995 levels, in the energy use of the facili-
ties used by the agency.
(2) GOAL.—The activities described in para-
graph (1) should be a key component of agency pro-
grams that will by the year 2000 result in a 20 per-
cent reduction, from fiscal year 1985 levels, in the en-
ergy use of the facilities used by the agency, as re-
quired by section 543 of the National Energy Con-
servation Policy Act (42 U.S.C. 8253).
(b) USE OF COST SAVINGS.—An amount equal to the
amount of cost savings realized by an agency under sub-
section (a) shall remain available for obligation through the
end of fiscal year 2000, without further authorization or
appropriation, as follows:
HR 2546 EAS
(1) CONSERVATION MEASURES.—Fifty percent of
the amount shall remain available for the implemen-
tation of additional energy conservation measures
and for water conservation measures at such facilities
used by the agency as are designated by the head of
the agency.
(2) OTHER
PURPOSES.—Fifty percent of the
amount shall remain available for use by the agency
for such purposes as are designated by the head of the
agency, consistent with applicable law.
(c) REPORTS.—
(1) BY AGENCY HEADS.—The head of each agen-
cy for which funds are made available under this Act
shall include in each report of the agency to the Sec-
retary of Energy under section 548(a) of the National
Energy Conservation Policy Act (42 U.S.C. 8258(a))
a description of the results of the activities carried out
under subsection (a) and recommendations concerning
how to further reduce energy costs and energy con-
sumption in the future.
(2) BY SECRETARY OF ENERGY.—The reports re-
quired under paragraph (1) shall be included in the
annual reports required to be submitted to Congress
by the Secretary of Energy under section 548(b) of the
Act (42 U.S.C. 8258(b)).
HR 2546 EAS
(3) CONTENTS.—With respect to the period since
the date of the preceding report, a report under para-
graph (1) or (2) shall—
(A) specify the total energy costs of the fa-
cilities used by the agency;
(B) identify the reductions achieved;
(C) specify the actions that resulted in the
reductions;
(D) with respect to the procurement proce-
dures of the agency, specify what actions have
been taken to—
(i) implement the procurement au-
thorities provided by subsections (a) and (c)
of section 546 of the National Energy Con-
servation Policy Act (42 U.S.C. 8256); and
(ii) incorporate directly, or by ref-
erence, the requirements of the regulations
issued by the Secretary of Energy under
title VIII of the Act (42 U.S.C. 8287 et
seq.); and
(E) specify—
(i) the actions taken by the agency to
achieve the goal specified in subsection
(a)(2);
HR 2546 EAS
(ii) the procurement procedures and
methods used by the agency under section
546(a)(2) of the Act (42 U.S.C. 8256(a)(2));
and
(iii) the number of energy savings per-
formance contracts entered into by the agen-
cy under title VIII of the Act (42 U.S.C.
8287 et seq.).
SEC. 303. PAY OF MEMBERS OF CONGRESS AND THE PRESI-
DENT DURING GOVERNMENT SHUTDOWNS.
(a) IN GENERAL.—Members of Congress and the Presi-
dent shall not receive basic pay for any period in which—
(1) there is more than a 24 hour lapse in appro-
priations for any Federal agency or department as a
result of a failure to enact a regular appropriations
bill or continuing resolution; or
(2) the Federal Government is unable to make
payments or meet obligations because the public debt
limit under section 3101 of title 31, United States
Code has been reached.
HR 2546 EAS
(b) RETROACTIVE PAY PROHIBITED.—No pay forfeited
in accordance with subsection (a) may be paid retro-
actively.
Attest:
Secretary.
HR 2546 EAS——2
HR 2546 EAS——3
HR 2546 EAS——4
HR 2546 EAS——5
HR 2546 EAS——6
HR 2546 EAS——7
HR 2546 EAS——8
HR 2546 EAS——9
HR 2546 EAS——10