277
(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.
(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
278
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;
(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-
279
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.
(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.
280
(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—
(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-
281
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:
(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.
282
(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)).
(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;
283
(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);
(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-
284
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.
(b) RETROACTIVE PAY PROHIBITED.—No pay forfeited
in accordance with subsection (a) may be paid retro-
actively.
This Act may be cited as the ‘‘District of Columbia
Appropriations Act, 1996’’.
Passed the House of Representatives November 2,
1995.
Attest:
ROBIN H. CARLE,
Clerk.
Passed the Senate November 2, 1995.
Attest:
KELLY D. JOHNSTON,
Secretary.