1254
HR 4278 RDS
(2) BIF MEMBER, SAIF MEMBER.—The terms
‘‘Bank Insurance Fund member’’ and ‘‘Savings As-
sociation Insurance Fund member’’ have the same
meanings as in section 7(l) of the Federal Deposit
Insurance Act.
(3) VARIOUS
BANKING
TERMS.—The terms
‘‘bank’’, ‘‘Board of Directors’’, ‘‘Corporation’’, ‘‘de-
posit’’, ‘‘insured depository institution’’, ‘‘Federal
savings association’’, ‘‘savings association’’, ‘‘State
savings bank’’, and ‘‘State depository institution’’
have the same meanings as in section 3 of the Fed-
eral Deposit Insurance Act.
(4) DEPOSIT
INSURANCE
FUND.—The term
‘‘Deposit Insurance Fund’’ means the fund estab-
lished under section 11(a)(4) of the Federal Deposit
Insurance Act (as amended by section 2704(d) of
this subtitle).
(5) DEPOSITORY INSTITUTION HOLDING COM-
PANY.—The term ‘‘depository institution holding
company’’ has the same meaning as in section 3 of
the Federal Deposit Insurance Act.
(6) DESIGNATED RESERVE RATIO.—The term
‘‘designated reserve ratio’’ has the same meaning as
in section 7(b)(2)(A)(iv) of the Federal Deposit In-
surance Act.
1255
HR 4278 RDS
(7) SAIF.—The term ‘‘Savings Association In-
surance Fund’’ means the fund established pursuant
to section 11(a)(6)(A) of the Federal Deposit Insur-
ance Act, as that section existed on the day before
the date of enactment of this Act.
(8) SAIF-ASSESSABLE
DEPOSIT.—The term
‘‘SAIF-assessable deposit’’—
(A) means a deposit that is subject to as-
sessment for purposes of the Savings Associa-
tion Insurance Fund under the Federal Deposit
Insurance Act (including a deposit that is treat-
ed as insured by the Savings Association Insur-
ance Fund under section 5(d)(3) of the Federal
Deposit Insurance Act); and
(B) includes any deposit described in sub-
paragraph (A) which is assumed after March
31, 1995, if the insured depository institution,
the deposits of which are assumed, is not an in-
sured depository institution when the special as-
sessment is imposed under section 2702(a).
SEC. 2711. DEDUCTION FOR SPECIAL ASSESSMENTS.
For purposes of subtitle A of the Internal Revenue
Code of 1986—
(1) the amount allowed as a deduction under
section 162 of such Code for a taxable year shall in-
1256
HR 4278 RDS
clude any amount paid during such year by reason
of an assessment under section 2702 of this subtitle,
and
(2) section 172(f) of such Code shall not apply
to any deduction described in paragraph (1).
TITLE III—SPECTRUM
ALLOCATION PROVISIONS
SEC. 3001. COMPETITIVE BIDDING FOR SPECTRUM.
(a) COMMISSION OBLIGATION TO MAKE ADDI-
TIONAL SPECTRUM AVAILABLE.—The Federal Commu-
nications Commission shall—
(1) reallocate the use of frequencies at 2305–
2320 megahertz and 2345–2360 megahertz to wire-
less services that are consistent with international
agreements concerning spectrum allocations; and
(2) assign the use of such frequencies by com-
petitive bidding pursuant to section 309(j) of the
Communications Act of 1934 (47 U.S.C. 309(j)).
(b) ADDITIONAL REQUIREMENTS.—In making the
bands of frequencies described in subsection (a) available
for competitive bidding, the Commission shall—
(1) seek to promote the most efficient use of
the spectrum; and
(2) take into account the needs of public safety
radio services.
1257
HR 4278 RDS
(c) EXPEDITED PROCEDURES.—The Commission
shall commence the competitive bidding for the assign-
ment of the frequencies described in subsection (a)(1) no
later than April 15, 1997. The rules governing such fre-
quencies shall be effective immediately upon publication
in the Federal Register notwithstanding section 553(d),
801(a)(3), and 806(a) of title 5, United States Code.
Chapter 6 of such title, and sections 3507 and 3512 of
title 44, United States Code, shall not apply to the rules
and competitive bidding procedures governing such fre-
quencies. Notwithstanding section 309(b) of the Commu-
nications Act of 1934 (47 U.S.C. 309(b)), no application
for an instrument of authorization for such frequencies
shall be granted by the Commission earlier than 7 days
following issuance of public notice by the Commission of
the acceptance for filing of such application or of any
substantial amendment thereto. Notwithstanding section
309(d)(1) of such Act (47 U.S.C. 309(d)(1)), the Com-
mission may specify a period (no less than 5 days follow-
ing issuance of such public notice) for the filing of peti-
tions to deny any application for an instrument of au-
thorization for such frequencies.
(d) DEADLINE FOR COLLECTION.—The Commis-
sion shall conduct the competitive bidding under sub-
section (a)(2) in a manner that ensures that all proceeds
1258
HR 4278 RDS
of the bidding are deposited in accordance with section
309(j)(8) of the Communications Act of 1934 not later
September 30, 1997.
TITLE IV—ADJUSTMENT OF
PAYGO BALANCES
SEC. 4001. ADJUSTMENT OF PAYGO BALANCES.
For purposes of section 252 of the Balanced
Budget and Emergency Deficit Control Act of 1985, on
the calendar day after the Director of the Office of Man-
agement and Budget issues the final sequestration report
for fiscal year 1997, the Director and the Director of the
Congressional Budget Office shall change the balances
(as computed pursuant to section 252(b) of that Act) of
direct spending and receipts legislation—
(1) for fiscal year 1997 to zero if such balance
for the fiscal year is not an increase in the deficit.
1259
HR 4278 RDS
TITLE V—ADDITIONAL
APPROPRIATIONS
CHAPTER 1
DEPARTMENT OF AGRICULTURE, RURAL DE-
VELOPMENT, FOOD AND DRUG ADMINIS-
TRATION, AND RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
COOPERATIVE STATE RESEARCH, EDUCATION, AND
EXTENSION SERVICE
EXTENSION ACTIVITIES
For an additional amount for payments for coop-
erative extension work by the colleges receiving the bene-
fits of the second Morrill Act (7 U.S.C. 321–326, 328)
and Tuskegee University, $753,000.
NATURAL RESOURCES CONSERVATION SERVICE
WATERSHED AND FLOOD PREVENTION OPERATIONS
For an additional amount to repair damages to
the waterways and watersheds resulting from the effects
of Hurricanes Fran and Hortense and other natural dis-
asters, $63,000,000, to remain available until expended:
Provided, That the entire amount is designated by Con-
gress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
1260
HR 4278 RDS
FARM SERVICE AGENCY
EMERGENCY CONSERVATION PROGRAM
For an additional amount for emergency expenses
resulting from the effects of Hurricanes Fran and
Hortense and other natural disasters, $25,000,000, to re-
main available until expended: Provided, That the entire
amount is designated by Congress as an emergency re-
quirement pursuant to section 251(b)(2)(D)(i) of the
Balanced Budget and Emergency Deficit Control Act of
1985, as amended.
CHAPTER 2
DISTRICT OF COLUMBIA
EDUCATION FACILITIES IMPROVEMENT IN THE DISTRICT
OF COLUMBIA
(BY TRANSFER)
SEC. 5201. The District of Columbia Financial
Responsibility and Management Assistance Authority (re-
ferred to in this section as the ‘‘Authority’’) shall have
the authority to contract with a private entity (or enti-
ties) to carry out a program of school facility repair of
public schools and public charter schools located in public
school facilities in the District of Columbia, in consulta-
tion with the General Services Administration: Provided,
That an amount estimated to be $40,700,000 is hereby
transferred and otherwise made available to the Author-
ity until expended for contracting as provided under this
1261
HR 4278 RDS
section, to be derived from transfers and reallocations as
follows: (1) funds made available under the heading
‘‘PUBLIC EDUCATION SYSTEM’’ in Public Law 104–
194 for school repairs in a restricted line item; (2) all
capital financing authority made available from public
school capital improvements in Public Law 104–194; and
(3) all capital financing authority made available for pub-
lic school capital improvements which are or remain
available from Public Law 104–134 or any previous ap-
propriations Act for the District of Columbia: Provided
further, That the General Services Administration, in
consultation with the District of Columbia Public Schools
and the District of Columbia Council and subject to the
approval of the Authority and the Committees on Appro-
priations of the Senate and the House of Representatives,
shall provide program management services to assist in
the short-term management of the repairs and capital im-
provements: Provided further, That contracting author-
ized under this section shall be conducted in accordance
with Federal procurement rules and regulations and
guidelines or such guidelines as prescribed by the Author-
ity.
SPECIAL RULES REGARDING GENERAL OBLIGATION BOND
ACT
SEC. 5202. WAIVER
OF CONGRESSIONAL RE-
VIEW.—Notwithstanding section 602(c)(1) of the District
1262
HR 4278 RDS
of Columbia Self-Government and Governmental Reorga-
nization Act (sec. 1–233(c)(1), D.C. Code), the General
Obligation Bond Act of 1996 (D.C. Bill 11–840), if en-
acted by the Council of the District of Columbia, shall
take effect on the date of the enactment of such Act or
the date of the enactment of this Act, whichever is later.
AMENDMENTS TO FINANCIAL RESPONSIBILITY AND
MANAGEMENT ASSISTANCE ACT
SEC. 5203. (a) CALUCULATION OF 7-DAY REVIEW
PERIOD FOR COUNCIL ACTS.—Section 203(a)(5) of the
District of Columbia Financial Responsibility and Man-
agement Assistance Act of 1995 (sec. 47–392.3(a)(5),
D.C. Code) is amended—
(1) by inserting ‘‘(excluding Saturdays, Sun-
days, and legal holidays)’’ after ‘‘7-day period’’ the
first place it appears; and
(2) by striking ‘‘the date the Council submits
the Act to the Authority’’ and inserting ‘‘the first
day (excluding Saturdays, Sundays, and legal holi-
days) after the Authority receives the Act from the
Council’’.
(b) SPECIFICATION
OF PENALTY
FOR PROHIB-
ITED ACTS.—Section 103(i)(1) of such Act (sec. 47–
391.3(i)(1), D.C. Code) is amended by striking the period
at the end and inserting the following: ‘‘, and shall be
1263
HR 4278 RDS
fined not more than $1,000, imprisoned for not more
than 1 year, or both.’’.
(c) WAIVER
OF PRIVACY ACT REQUIREMENTS
FOR OBTAINING OFFICIAL DATA.—Section 103(c)(1) of
such Act (sec. 47–391.3(c)(1), D.C. Code) is amended by
striking ‘‘Act) and 552b’’ and inserting ‘‘Act), 552a (the
Privacy Act of 1974), and 552b’’.
(d) PERMITTING AUTHORITY REVIEW OF RULE-
MAKING.—Section 203(b) of such Act (sec. 47–392.3(b),
D.C. Code) is amended by adding at the end the follow-
ing new paragraph:
‘‘(5) APPLICATION
TO
RULES
AND
REGULA-
TIONS.—The provisions of this subsection shall
apply with respect to a rule or regulation issued or
proposed to be issued by the Mayor (or the head of
any department or agency of the District govern-
ment) in the same manner as such provisions apply
to a contract or lease.’’.
(e) DEPOSIT OF ALL DISTRICT BORROWING WITH
AUTHORITY.—
(1) IN
GENERAL.—Section 204 of such Act
(sec. 47–392.4, D.C. Code) is amended—
(A) by redesignating subsections (d) and
(e) as subsections (e) and (f); and
1264
HR 4278 RDS
(B) by inserting after subsection (c) the
following new subsection:
‘‘(d) DEPOSIT OF BORROWED FUNDS WITH AU-
THORITY.—If the District government borrows funds
during a control year, the funds shall be deposited into
an escrow account held by the Authority, to be allocated
by the Authority to the Mayor at such intervals and in
accordance with such terms and conditions as it considers
appropriate, consistent with the financial plan and budg-
et for the year and with any other withholding of funds
by the Authority pursuant to this Act.’’.
(2) CONFORMING AMENDMENTS.—(A) Section
204(e) of such Act, as redesignated by paragraph
(1)(A), is amended by inserting after ‘‘(b)(1)’’ the
following: ‘‘or the escrow account described in sub-
section (d)’’.
(B) Section 206(d)(1) of such Act is amended
by striking ‘‘204(b)’’ and inserting ‘‘204(b), section
204(d),’’.
(f) GRANTING AUTHORITY POWER TO ISSUE GEN-
ERAL ORDERS.—Section 207 of such Act (sec. 47–392.7,
D.C. Code) is amended by adding at the end the follow-
ing new subsection:
‘‘(d) ADDITIONAL POWER
TO ISSUE ORDERS,
RULES, AND REGULATIONS.—
1265
HR 4278 RDS
‘‘(1) IN GENERAL.—In addition to the authority
described in subsection (c), the Authority may at
any time issue such orders, rules, or regulations as
it considers appropriate to carry out the purposes of
this Act and the amendments made by this Act, to
the extent that the issuance of such an order, rule,
or regulation is within the authority of the Mayor or
the head of any department or agency of the District
government, and any such order, rule, or regulation
shall be legally binding to the same extent as if is-
sued by the Mayor or the head of any such depart-
ment or agency.
‘‘(2) NOTIFICATION.—Upon issuing an order,
rule, or regulation pursuant to this subsection, the
Authority shall notify the Mayor, the Council, the
President, and Congress.
‘‘(3) NO
JUDICIAL
REVIEW
OF
DECISION
TO
ISSUE
ORDER.—The decision by the Authority to
issue an order, rule, or regulation pursuant to this
subsection shall be final and shall not be subject to
judicial review.’’.
PROHIBITING FUNDING FOR TERMINATED EMPLOYEES OR
CONTRACTORS
SEC. 5204. (a) IN GENERAL.—Except as provided
in subsection (b), none of the funds made available to the
District of Columbia during any fiscal year (beginning
1266
HR 4278 RDS
with fiscal year 1996) may be used to pay the salary or
wages of any individual whose employment by the Dis-
trict government is no longer required as determined by
the District of Columbia Financial Responsibility and
Management Assistance Authority, or to pay any ex-
penses associated with a contractor or consultant of the
District government whose contract or arrangement with
the District government is no longer required as deter-
mined by the Authority.
(b) EXCEPTION
FOR PAYMENTS
FOR SERVICES
ALREADY PROVIDED.—Funds made available to the Dis-
trict of Columbia may be used to pay an individual for
employment already performed at the time of the
Authority’s determination, or to pay a contractor or con-
sultant for services already provided at the time of the
Authority’s determination, to the extent permitted by the
District of Columbia Financial Responsibility and Man-
agement Assistance Authority.
(c) DISTRICT GOVERNMENT DEFINED.—In this
section, the term ‘‘District government’’ has the meaning
given such term in section 305(5) of the District of Co-
lumbia Financial Responsibility and Management Assist-
ance Act of 1995.
1267
HR 4278 RDS
AMENDMENTS TO DISTRICT OF COLUMBIA SCHOOL
REFORM ACT OF 1995
SEC. 5205. (a) PROCESS FOR FILING CHARTER
PETITIONS.—Section 2201 of the District of Columbia
School Reform Act of 1995 (Public Law 104–134; 110
Stat. 1321–115) is amended by adding at the end the fol-
lowing:
‘‘(d) LIMITATIONS ON FILING.—
‘‘(1) MULTIPLE CHARTERING AUTHORITIES.—
An eligible applicant may not file the same petition
to establish a public charter school with more than
1 eligible chartering authority during a calendar
year.
‘‘(2) MULTIPLE PETITIONS.—An eligible appli-
cant may not file more than 1 petition to establish
a public charter school during a calendar year.’’.
(b) 
CONTENTS
OF
PETITION.—Section
2202(6)(B) of the District of Columbia School Reform
Act of 1995 (110 Stat. 1321–116) is amended to read
as follows:
‘‘(B) either—
‘‘(i)(I) an identification of a facility
for the school, including a description of
the site where the school will be located,
any buildings on the site, and any build-
1268
HR 4278 RDS
ings proposed to be constructed on the
site, and (II) information demonstrating
that the eligible applicant has acquired
title to, or otherwise secured the use of,
the facility; or
‘‘(ii) a timetable by which an identi-
fication described in clause (i)(I) will be
made, and the information described in
clause (i)(II) will be submitted, to the eligi-
ble chartering authority;’’.
(c) PROCESS FOR APPROVING OR DENYING PUB-
LIC CHARTER SCHOOL PETITIONS.—Section 2203 of the
District of Columbia School Reform Act of 1995 (110
Stat. 1321–118) is amended—
(1) by amending subsection (d) to read as fol-
lows:
‘‘(d) APPROVAL.—
‘‘(1) IN GENERAL.—Subject to subsection (i)
and paragraph (2), an eligible chartering authority
shall approve a petition to establish a public charter
school, if—
‘‘(A) the eligible chartering authority de-
termines that the petition satisfies the require-
ments of this subtitle;
1269
HR 4278 RDS
‘‘(B) the eligible applicant who filed the
petition agrees to satisfy any condition or re-
quirement, consistent with this subtitle and
other applicable law, that is set forth in writing
by the eligible chartering authority as an
amendment to the petition;
‘‘(C) the eligible chartering authority de-
termines that the public charter school has the
ability to meet the educational objectives out-
lined in the petition; and
‘‘(D) the approval will not cause the eligi-
ble chartering authority to exceed a limit under
subsection (i).
‘‘(2) CONDITIONAL APPROVAL.—
‘‘(A) IN GENERAL.—In the case of a peti-
tion that does not contain the identification and
information 
required 
under 
section
2202(6)(B)(i), but does contain the timetable
required under section 2202(6)(B)(ii), an eligi-
ble chartering authority may only approve the
petition on a conditional basis, subject to the el-
igible applicant’s submitting the identification
and 
information 
described 
in 
section
2202(6)(B)(i) in accordance with such time-
table, or any other timetable specified in writing
1270
HR 4278 RDS
by the eligible chartering authority in an
amendment to the petition.
‘‘(B) 
EFFECT
OF
CONDITIONAL
AP-
PROVAL.—For purposes of subsections (e), (h),
(i), and (j), a petition conditionally approved
under this paragraph shall be treated the same
as a petition approved under paragraph (1), ex-
cept that on the date that such a conditionally
approved petition ceases to be conditionally ap-
proved because the eligible applicant has not
timely submitted the identification and informa-
tion described in section 2202(6)(B)(i), the ap-
proval of the petition shall cease to be counted
for purposes of subsection (i).’’;
(2) in subsection (h), by striking ‘‘(d)(2),’’ each
place such term appears and inserting ‘‘(d),’’;
(3) by amending subsection (i) to read as fol-
lows:
‘‘(i) NUMBER OF PETITIONS.—
‘‘(1) FIRST YEAR.—During calendar year 1996,
not more than 10 petitions to establish public char-
ter schools may be approved under this subtitle.
‘‘(2) SUBSEQUENT YEARS.—
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), during calendar year 1997, and dur-
1271
HR 4278 RDS
ing each subsequent calendar year, each eligible
chartering authority shall not approve more
than 10 petitions to establish a public charter
school under this subtitle. Any such petition
shall be approved during the period that begins
on January 1 and ends on April 1.
‘‘(B) EXCEPTION.—If, by April 1 of any
calendar year after 1996, an eligible chartering
authority has approved fewer than 10 petitions
during such calendar year, any other eligible
chartering authority may approve more than 10
petitions during such calendar year, but only
if—
‘‘(i) the eligible chartering authority
completes the approval of any such addi-
tional petition before June 1 of the year;
and
‘‘(ii) the approval of any such addi-
tional petition will not cause the total
number of petitions approved by all eligible
chartering authorities during the calendar
year to exceed 20.’’; and
(4) by amending subsection (j) to read as fol-
lows:
1272
HR 4278 RDS
‘‘(j) AUTHORITY
OF
ELIGIBLE
CHARTERING
AUTHORITY.—
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), and except for officers or employees of
the eligible chartering authority with which a peti-
tion to establish a public charter school is filed, no
governmental entity, elected official, or employee of
the District of Columbia shall make, participate in
making, or intervene in the making of, the decision
to approve or deny such a petition.
‘‘(2) AVAILABILITY OF REVIEW.—A decision by
an eligible chartering authority to deny a petition to
establish a public charter school shall be subject to
judicial review by an appropriate court of the Dis-
trict of Columbia.’’.
(d) DISTRICT
OF COLUMBIA PUBLIC SCHOOL
SERVICES
TO
PUBLIC
CHARTER
SCHOOLS.—Section
2209 of the District of Columbia School Reform Act of
1995 (110 Stat. 1321–125) is amended—
(1) by inserting ‘‘(a) IN GENERAL.—’’ before
‘‘The Superintendent’’; and
(2) by adding at the end the following:
‘‘(b) PREFERENCE IN LEASING OR PURCHASING
PUBLIC SCHOOL FACILITIES.—
‘‘(1) FORMER PUBLIC SCHOOL PROPERTY.—
1273
HR 4278 RDS
‘‘(A) IN GENERAL.—Notwithstanding any
other provision of law relating to the disposition
of a facility or property described in subpara-
graph (B), the Mayor and the District of Co-
lumbia Government shall give preference to an
eligible applicant whose petition to establish a
public charter school has been conditionally ap-
proved under section 2203(d)(2), or a Board of
Trustees, with respect to the purchase or lease
of a facility or property described in subpara-
graph (B), provided that doing so will not re-
sult in a significant loss of revenue that might
be obtained from other dispositions or uses of
the facility or property.
‘‘(B) PROPERTY DESCRIBED.—A facility or
property referred to in subparagraph (A) is a
facility, or real property—
‘‘(i) that formerly was under the juris-
diction of the Board of Education;
‘‘(ii) that the Board of Education has
determined is no longer needed for pur-
poses of operating a District of Columbia
public school; and
1274
HR 4278 RDS
‘‘(iii) with respect to which the Board
of Education has transferred jurisdiction
to the Mayor.
‘‘(2) CURRENT PUBLIC SCHOOL PROPERTY.—
‘‘(A) IN GENERAL.—Notwithstanding any
other provision of law relating to the disposition
of a facility or property described in subpara-
graph (B), the Mayor and the District of Co-
lumbia Government shall give preference to an
eligible applicant whose petition to establish a
public charter school has been conditionally ap-
proved under section 2203(d)(2), or a Board of
Trustees, in leasing, or otherwise contracting
for the use of, a facility or property described
in subparagraph (B).
‘‘(B) PROPERTY DESCRIBED.—A facility or
property referred to in subparagraph (A) is a
facility, real property, or a designated area of
a facility or real property, that—
‘‘(i) is under the jurisdiction of the
Board of Education; and
‘‘(ii) is available for use because the
Board of Education is not using, for edu-
cational, administrative, or other purposes,
1275
HR 4278 RDS
the facility, real property, or designated
area.’’.
(e) CHARTER RENEWAL.—Section 2212 of the
District of Columbia School Reform Act of 1995 (110
Stat. 1321–129) is amended—
(1) by amending subsection (a) to read as fol-
lows:
‘‘(a) TERMS.—
‘‘(1) INITIAL TERM.—A charter granted to a
public charter school shall remain in force for a 15-
year period.
‘‘(2) RENEWALS.—A charter may be renewed
for an unlimited number of times, each time for a
15-year period.
‘‘(3) REVIEW.—An eligible chartering authority
that grants or renews a charter pursuant to para-
graph (1) or (2) shall review the charter—
‘‘(A) at least once every 5 years to deter-
mine whether the charter should be revoked for
the reasons described in subsection (a)(1)(A) or
(b) of section 2213 in accordance with the pro-
cedures for such revocation established under
section 2213(c); and
‘‘(B) once every 5 years, beginning on the
date that is 5 years after the date on which the
1276
HR 4278 RDS
charter is granted or renewed, to determine
whether the charter should be revoked for the
reasons described in section 2213(a)(1)(B) in
accordance with the procedures for such revoca-
tion established under section 2213(c).’’; and
(2) by amending subsection (d)(6) to read as
follows:
‘‘(6) JUDICIAL REVIEW.—A decision by an eligi-
ble chartering authority to deny an application to
renew a charter shall be subject to judicial review by
an appropriate court of the District of Columbia.’’.
(f) CHARTER REVOCATION.—Section 2213(a) of
the District of Columbia School Reform Act of 1995 (110
Stat. 1321–130) is amended to read as follows:
‘‘(a) CHARTER OR LAW VIOLATIONS; FAILURE TO
MEET GOALS.—
‘‘(1) IN GENERAL.—Subject to paragraph (2),
an eligible chartering authority that has granted a
charter to a public charter school may revoke the
charter if the eligible chartering authority deter-
mines that the school—
‘‘(A) committed a violation of applicable
laws or a material violation of the conditions,
terms, standards, or procedures set forth in the
1277
HR 4278 RDS
charter, including violations relating to the edu-
cation of children with disabilities; or
‘‘(B) failed to meet the goals and student
academic achievement expectations set forth in
the charter.
‘‘(2) SPEICAL RULE.—An eligible chartering au-
thority may not revoke a charter under paragraph
(1)(B), except pursuant to a determination made
through 
a 
review 
conducted 
under 
section
2212(a)(3)(B).’’.
(g) PUBLIC CHARTER SCHOOL BOARD.—Para-
graphs (3) and (4) of section 2214(a) of the District of
Columbia School Reform Act of 1995 (110 Stat. 1321–
132) are amended to read as follows:
‘‘(3) VACANCIES.—
‘‘(A) OTHER THAN FROM EXPIRATION OF
TERM.—Where a vacancy occurs in the mem-
bership of the Board for reasons other than the
expiration of the term of a member of the
Board, the Secretary of Education, not later
than 30 days after the vacancy occurs, shall
present to the Mayor a list of 3 people the Sec-
retary determines are qualified to serve on the
Board. The Mayor, in consultation with the
District of Columbia Council, shall appoint 1
1278
HR 4278 RDS
person from the list to serve on the Board. The
Secretary shall recommend, and the Mayor
shall appoint, such member of the Board taking
into consideration the criteria described in para-
graph (2). Any member appointed to fill a va-
cancy occurring prior to the expiration of the
term of a predecessor shall be appointed only
for the remainder of the term.
‘‘(B) EXPIRATION
OF
TERM.—Not later
than the date that is 60 days before the expira-
tion of the term of a member of the Board, the
Secretary of Education shall present to the
Mayor, with respect to each such impending va-
cancy, a list of 3 people the Secretary deter-
mines are qualified to serve on the Board. The
Mayor, in consultation with the District of Co-
lumbia Council, shall appoint 1 person from
each such list to serve on the Board. The Sec-
retary shall recommend, and the Mayor shall
appoint, any member of the Board taking into
consideration the criteria described in para-
graph (2).
‘‘(4) TIME LIMIT FOR APPOINTMENTS.—If, at
any time, the Mayor does not appoint members to
the Board sufficient to bring the Board’s member-
1279
HR 4278 RDS
ship to 7 within 30 days after receiving a rec-
ommendation from the Secretary of Education under
paragraph (2) or (3), the Secretary, not later than
10 days after the final date for such mayoral ap-
pointment, shall make such appointments as are
necessary to bring the membership of the Board to
7.’’.
(h) TECHNICAL AMENDMENT.—Section 2561(b)
of the District of Columbia School Reform Act of 1995
(Public Law 104–134), as amended by section 148 of the
District of Columbia Appropriations Act, 1997 (Public
Law 104–194), is amended to read as follows:
‘‘(b) LIMITATION.—A waiver under subsection (a)
shall not apply to the Davis-Bacon Act (40 U.S.C. 276a
et seq.) or Executive Order 11246 or other civil rights
standards.’’.
DISPOSITION OF CERTAIN SCHOOL PROPERTY BY
AUTHORITY
SEC. 5206. (a) IN GENERAL.—Subtitle C of title
II of the District of Columbia Financial Responsibility
and Management Assistance Act of 1995 is amended by
adding at the end the following new section:
‘‘SEC. 225. DISPOSITION OF CERTAIN SCHOOL PROPERTY.
‘‘(a) POWER TO DISPOSE.—Notwithstanding any
other provision of law relating to the disposition of a fa-
cility or property described in subsection (d), the Author-
1280
HR 4278 RDS
ity may dispose (by sale, lease, or otherwise) of any facil-
ity or property described in subsection (d).
‘‘(b) 
PREFERENCE
FOR
PUBLIC
CHARTER
SCHOOL.—In disposing of a facility or property under
this section, the Authority shall give preference to an eli-
gible applicant (as defined in section 2002 of the District
of Columbia School Reform Act of 1995) whose petition
to establish a public charter school has been conditionally
approved under section 2203(d)(2) of such Act, or a
Board of Trustees (as defined in section 2002 of such
Act) of such a public charter school, if doing so will not
result in a significant loss of revenue that might be ob-
tained from other dispositions or uses of the facility or
property.
‘‘(c) USE OF PROCEEDS FROM DISPOSITION FOR
SCHOOL REPAIR AND MAINTENANCE.—
‘‘(1) IN GENERAL.—The Authority shall deposit
any proceeds of the disposition of a facility or prop-
erty under this section in the Board of Education
Real Property Maintenance and Improvement Fund
(as established by the Real Property Disposal Act of
1990), to be used for the construction, maintenance,
improvement, rehabilitation, or repair of buildings
and grounds which are used for educational pur-
1281
HR 4278 RDS
poses for public and public charter school students
in the District of Columbia.
‘‘(2) CONSULTATION.—In disposing of a facility
or property under this section, the Authority shall
consult with the Superintendent of Schools of the
District of Columbia, the Mayor, the Council, the
Administrator of General Services, and education
and community leaders involved in planning for an
agency or authority that will design and administer
a comprehensive long-term program for repair and
improvement of District of Columbia public school
facilities (as described in section 2552(a) of the Dis-
trict of Columbia School Reform Act of 1995).
‘‘(3) LEGAL EFFECT OF SALE.—The Authority
may dispose of a facility or property under this sec-
tion by executing a proper deed and any other legal
instrument for conveyance of title to the facility or
property, and such deed shall convey good and valid
title to the purchaser of the facility or property.
‘‘(d) FACILITY OR PROPERTY DESCRIBED.—A fa-
cility or property described in this subsection is a facility
or property which is described in section 2209(b)(1)(B)
of the District of Columbia School Reform Act of 1995
and with respect to which the Authority has made the
following determinations:
1282
HR 4278 RDS
‘‘(1) The property is no longer needed for pur-
poses of operating a District of Columbia public
school (as defined in section 2002 of the District of
Columbia School Reform Act of 1995).
‘‘(2) The disposition of the property is in the
best interests of education in the District of Colum-
bia.
‘‘(3) The Mayor (or any other department or
agency of the District government) has failed to
make substantial progress toward disposing the
property during the 90-day period which begins on
the date the Board of Education transfers jurisdic-
tion over the property to the Mayor (or, in the case
of 
property 
which 
is 
described 
in 
section
2209(b)(1)(B) of such Act as of the date of the en-
actment of this section, during the 90-day period
which begins on the date of the enactment of this
section).’’.
(b) CONTROL OVER BOARD OF EDUCATION REAL
PROPERTY MAINTENANCE AND IMPROVEMENT FUND.—
(1) IN GENERAL.—Section 2(b) of the Board of
Education Real Property Disposal Act of 1990 (sec.
9–402(b), D.C. Code) is amended—
(A) by amending the second sentence to
read as follows: ‘‘Subject to paragraph (6), the
1283
HR 4278 RDS
District of Columbia Financial Responsibility
and Management Assistance Authority shall ad-
minister the Fund and receive all payments into
the Fund that are required by law.’’; and
(B) by adding at the end the following new
paragraph:
‘‘(6) Upon the establishment of an agency or au-
thority within the District of Columbia government to ad-
minister a public schools facilities revitalization plan pur-
suant to section 2552(a)(2) of the District of Columbia
School Reform Act of 1995, such agency or authority
shall administer the Fund and receive all payments into
the Fund that are required by law.’’.
(2) CONFORMING AMENDMENTS.—Section 2(b)
of the Board of Education Real Property Disposal
Act of 1990 (sec. 9–402(b), D.C. Code) is amend-
ed—
(A) in the third sentence of paragraph (1),
by striking ‘‘; provided that the Board’’ and all
that follows and inserting a period; and
(B) by striking paragraph (5).
(c) CLERICAL AMENDMENT.—The table of con-
tents of subtitle C of title II of the District of Columbia
Financial Responsibility and Management Assistance Act
1284
HR 4278 RDS
of 1995 is amended by adding at the end the following
new item:
‘‘Sec. 225. Disposition of certain school property.’’.
CHAPTER 3
ENERGY AND WATER DEVELOPMENT
DEPARTMENT OF DEFENSE—CIVIL
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS—CIVIL
OPERATION AND MAINTENANCE, GENERAL
For an additional amount for ‘‘Operation and
Maintenance, General’’ for emergency expenses resulting
from Hurricane Fran and other natural disasters of
1996, $19,000,000, to remain available until expended:
Provided, That such amount is designated by Congress as
an 
emergency 
requirement 
pursuant 
to 
section
251(b)(2)(D)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
GENERAL PROVISION
SEC. 5301. None of the funds appropriated in the
Energy and Water Department Appropriations Act, 1997
may be made available to the Tennessee Valley Authority
if the Tennessee Valley Authority is imposing a perform-
ance deposit in connection with residential shoreline al-
teration permits.