[Pages S16701-S16709]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

DISTRICT OF COLUMBIA APPROPRIATIONS ACT, 1996

Due to a printing error, the Record of November 2 contains incorrect
text, upon passage, of the bill (H.R. 2546) making appropriations for
the government of the District of Columbia and other activities
chargeable in whole or in part against the revenues of said District
for the fiscal year ending September 30, 1996, and for other purposes.
The permanent Record will be corrected to reflect the following text.

Resolved, That the bill from the House of Representatives
(H.R. 2546) entitled ``An Act making appropriations for the
government of the District of Columbia and other activities
chargeable in whole or in part against the revenues of said
District for the fiscal year ending September 30, 1996, and
for other purposes'', do pass with the following amendment:
Strike out all after the enacting clause and insert:

That the following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the District of
Columbia for the fiscal year ending September 30, 1996, and
for other purposes, namely:

TITLE I

FISCAL YEAR 1996 APPROPRIATIONS

Federal Payment to the District of Columbia

For payment to the District of Columbia for the fiscal year
ending September 30, 1996, $660,000,000, as authorized by
section 502(a) of the District of Columbia Self-Government
and Governmental Reorganization Act, Public Law 93-198, as
amended (D.C. Code, sec. 47-3406.1).

Federal Contribution to Retirement Funds

For the Federal contribution to the Police Officers and
Fire Fighters', Teachers', and Judges' Retirement Funds, as
authorized by the District of Columbia Retirement Reform Act,
approved November 17, 1979 (93 Stat. 866; Public Law 96-122),
$52,000,000.

Division of Expenses

The following amounts are appropriated for the District of
Columbia for the current fiscal year out of the general fund
of the District of Columbia, except as otherwise specifically
provided.

Governmental Direction and Support

Governmental direction and support, $150,721,000 and 1,465
full-time equivalent positions (end of year): Provided, That
not to exceed $2,500 for the Mayor, $2,500 for the Chairman
of the Council of the District of Columbia, and $2,500 for
the City Administrator shall be available from this
appropriation for expenditures for official purposes:
Provided further, That any program fees collected from the
issuance of debt shall be available for the payment of
expenses of the debt management program of the District of
Columbia: Provided further, That no revenues from Federal
sources shall be used to support the operations or activities
of the Statehood Commission and Statehood Compact Commission:
Provided further, That the District of Columbia shall
identify the sources of funding for Admission to Statehood
from its own locally-generated revenues: Provided further,
That $29,500,000 is used for a pay-as-you-go capital project
of which $28,000,000 is available to develop and implement a
new financial management information system and $1,500,000 is
available for a needs assessment study: Provided further,
That the District of Columbia Financial Responsibility and
Management Assistance Authority shall have given prior
approval to the work plan and procurement documents for
necessary hardware and software before work on phase 3, as
described in the Authority's August 15, 1995 report, is
begun.

Economic Development and Regulation

Economic development and regulation, $142,711,000 and 1,692
full-time equivalent positions (end-of-year): Provided, That
the District of Columbia Housing Finance Agency, established
by section 201 of the District of Columbia Housing Finance
Agency Act, effective March 3, 1979 (D.C. Law 2-135; D.C.
Code, sec. 45-2111), based upon its capability of repayments
as determined each year by the Council of the District of
Columbia from the Housing Finance Agency's annual audited
financial statements to the Council of the District of
Columbia, shall repay to the general fund an amount equal to
the appropriated administrative costs plus interest at a rate
of four percent per annum for a term of 15 years, with a
deferral of payments for the first three years: Provided
further, That notwithstanding the foregoing provision, the
obligation to repay all or part of the amounts due shall be
subject to the rights of the owners of any bonds or notes
issued by the Housing Finance Agency and shall be repaid to
the District of Columbia government only from available
operating revenues of the Housing Finance Agency that are in
excess of the amounts required for debt service, reserve
funds, and operating expenses: Provided further, That upon
commencement of the debt service payments, such payments
shall be deposited into the general fund of the District of
Columbia.

Public Safety and Justice

Public safety and justice, including purchase of 135
passenger-carrying vehicles for replacement only, including
130 for police-type use and five for fire-type use, without
regard to the general purchase price limitation for the
current fiscal year, $960,747,000 and 11,544 full-time
equivalent positions (end-of-year): Provided, That the
Metropolitan Police Department is authorized to replace not
to exceed 25 passenger-carrying vehicles and the Fire
Department of the District of Columbia is authorized to
replace not to exceed five passenger-carrying vehicles
annually whenever the cost of repair to any damaged vehicle
exceeds three-fourths of the cost of the replacement:
Provided further, That not to exceed $500,000 shall be
available from this appropriation for the Chief of Police for
the prevention and detection of crime: Provided further, That
the Metropolitan Police Department shall provide quarterly
reports to the Committees on Appropriations of the House and
Senate on efforts to increase efficiency and improve the
professionalism in the department: Provided further, That
notwithstanding any other provision of law, or Mayor's Order
86-45, issued March 18, 1986, the Metropolitan Police
Department's delegated small purchase authority shall be
$500,000: Provided further, That the District of Columbia
government may not require the Metropolitan Police Department
to submit to any other procurement review process, or to
obtain the approval of or be restricted in any manner by any
official or employee of the District of Columbia government,
for purchases that do not exceed $500,000: Provided further,
That $250,000 is used for the Georgetown Summer Detail;
$200,000 is used for East of the River Detail; $100,000 is
used for Adams Morgan Detail; and $100,000 is used for the
Capitol Hill Summer Detail: Provided further, That the
Metropolitan Police Department shall employ an authorized
level of sworn officers not to be less than 3,800 sworn
officers for the fiscal year ending September 30, 1996:
Provided further, That the District of Columbia shall house
no more than 1,000 inmates in its community correctional
centers, District operated or contracted, on any given date:
Provided further, That funds appropriated for expenses under
the District of Columbia Criminal Justice Act, approved
September 3, 1974 (88 Stat. 1090; Public Law 93-412; D.C.
Code, sec. 11-2601 et seq.), for the fiscal year ending
September 30, 1996, shall be available for obligations
incurred under the Act in each fiscal year since inception in
the fiscal year 1975: Provided further, That funds
appropriated for expenses under the District of Columbia
Neglect Representation Equity Act of 1984, effective March
13, 1985 (D.C. Law 5-129; D.C. Code, sec. 16-2304), for the
fiscal year ending September 30, 1996, shall be available for
obligations incurred under the Act in each fiscal year since
inception in the fiscal year 1985: Provided further, That
funds appropriated for expenses under the District of
Columbia Guardianship, Protective Proceedings, and Durable
Power of Attorney Act of

[[Page S 16702]]
1986, effective February 27, 1987 (D.C. Law 6-204; D. C. Code, sec. 21-
2060), for the fiscal year ending September 30, 1996, shall
be available for obligations incurred under the Act in each
fiscal year since inception in fiscal year 1989: Provided
further, That not to exceed $1,500 for the Chief Judge of the
District of Columbia Court of Appeals, $1,500 for the Chief
Judge of the Superior Court of the District of Columbia, and
$1,500 for the Executive Officer of the District of Columbia
Courts shall be available from this appropriation for
official purposes: Provided further, That the District of
Columbia shall operate and maintain a free, 24-hour telephone
information service whereby residents of the area surrounding
Lorton prison in Fairfax County, Virginia, can promptly
obtain information from District of Columbia government
officials on all disturbances at the prison, including
escapes, fires, riots, and similar incidents: Provided
further, That the District of Columbia government shall also
take steps to publicize the availability of the 24-hour
telephone information service among the residents of the area
surrounding the Lorton prison: Provided further, That not to
exceed $100,000 of this appropriation shall be used to
reimburse Fairfax County, Virginia, and Prince William
County, Virginia, for expenses incurred by the counties
during the fiscal year ending September 30, 1996, in relation
to the Lorton prison complex: Provided further, That such
reimbursements shall be paid in all instances in which the
District requests the counties to provide police, fire,
rescue, and related services to help deal with escapes,
riots, and similar disturbances involving the prison:
Provided further, That the Mayor shall reimburse the District
of Columbia National Guard for expenses incurred in
connection with services that are performed in emergencies by
the National Guard in a militia status and are requested by
the Mayor, in amounts that shall be jointly determined and
certified as due and payable for these services by the Mayor
and the Commanding General of the District of Columbia
National Guard: Provided further, That such sums as may be
necessary for reimbursement to the District of Columbia
National Guard under the preceding proviso shall be available
from this appropriation, and the availability of the sums
shall be deemed as constituting payment in advance for
emergency services involved.

Public Education System

Public education system, including the development of
national defense education programs, $800,080,000 and 11,670
full-time equivalent positions (end-of-year), to be allocated
as follows: $585,956,000 and 10,167 full-time equivalent
positions for the public schools of the District of Columbia;
$109,175,000 shall be allocated for the District of Columbia
Teachers' Retirement Fund; $81,940,000 and 1,079 full-time
equivalent positions for the University of the District of
Columbia; $20,742,000 and 415 full-time equivalent positions
for the Public Library; $2,267,000 and 9 full-time equivalent
positions for the Commission on the Arts and Humanities:
Provided, That the public schools of the District of Columbia
are authorized to accept not to exceed 31 motor vehicles for
exclusive use in the driver education program: Provided
further, That not to exceed $2,500 for the Superintendent of
Schools, $2,500 for the President of the University of the
District of Columbia, and $2,000 for the Public Librarian
shall be available from this appropriation for expenditures
for official purposes: Provided further, That this
appropriation shall not be available to subsidize the
education of nonresidents of the District of Columbia at the
University of the District of Columbia, unless the Board of
Trustees of the University of the District of Columbia
adopts, for the fiscal year ending September 30, 1996, a
tuition rate schedule that will establish the tuition rate
for nonresident students at a level no lower than the
nonresident tuition rate charged at comparable public
institutions of higher education in the metropolitan area.

Human Support Services

Human support services, $1,859,622,000 and 6,469 full-time
equivalent positions (end-of-year): Provided, That
$26,000,000 of this appropriation, to remain available until
expended, shall be available solely for District of Columbia
employees' disability compensation: Provided further, That
the District shall not provide free government services such
as water, sewer, solid waste disposal or collection,
utilities, maintenance, repairs, or similar services to any
legally constituted private nonprofit organization (as
defined in section 411(5) of Public Law 100-77, approved July
22, 1987) providing emergency shelter services in the
District, if the District would not be qualified to receive
reimbursement pursuant to the Stewart B. McKinney Homeless
Assistance Act, approved July 22, 1987 (101 Stat. 485; Public
Law 100-77; 42 U.S.C. 11301 et seq.).

Public Works

Public works, including rental of one passenger-carrying
vehicle for use by the Mayor and three passenger-carrying
vehicles for use by the Council of the District of Columbia
and purchase of passenger-carrying vehicles for replacement
only, $297,568,000 and 1,914 full-time equivalent positions
(end-of-year): Provided, That this appropriation shall not be
available for collecting ashes or miscellaneous refuse from
hotels and places of business.

Washington Convention Center Transfer Payment

For the Washington Convention Center Fund, $5,400,000.

Repayment of Loans and Interest

For reimbursement to the United States of funds loaned in
compliance with an Act to provide for the establishment of a
modern, adequate, and efficient hospital center in the
District of Columbia, approved August 7, 1946 (60 Stat. 896;
Public Law 79-648); section 1 of an Act to authorize the
Commissioners of the District of Columbia to borrow funds for
capital improvement programs and to amend provisions of law
relating to Federal Government participation in meeting costs
of maintaining the Nation's Capital City, approved June 6,
1958 (72 Stat. 183; Public Law 85-451; D.C. Code, sec. 9-
219); section 4 of an Act to authorize the Commissioners of
the District of Columbia to plan, construct, operate, and
maintain a sanitary sewer to connect the Dulles International
Airport with the District of Columbia system, approved June
12, 1960 (74 Stat. 211; Public Law 86-515); sections 723 and
743(f) of the District of Columbia Self-Government and
Governmental Reorganization Act of 1973, approved December
24, 1973, as amended (87 Stat. 821; Public Law 93-198; D.C.
Code, sec. 47-321, note; 91 Stat. 1156; Public Law 95-131;
D.C. Code, sec. 9-219, note), including interest as required
thereby, $257,787,000.

Repayment of General Fund Recovery Debt

For the purpose of eliminating the $331,589,000 general
fund accumulated deficit as of September 30, 1990,
$38,678,000, as authorized by section 461(a) of the District
of Columbia Self-Government and Governmental Reorganization
Act, approved December 24, 1973, as amended (105 Stat. 540;
Public Law 102-106; D.C. Code, sec. 47-321(a)).

Repayment of Interest on Short-Term Borrowing

For repayment of interest on short-term borrowing,
$9,698,000.

Pay Renegotiation or Reduction in Compensation

The Mayor shall reduce appropriations and expenditures for
personal services in the amount of $46,409,000, by decreasing
rates of compensation for District government employees; such
decreased rates are to be realized for employees who are
subject to collective bargaining agreements to the extent
possible through the renegotiation of existing collective
bargaining agreements.

Rainy Day Fund

For mandatory unavoidable expenditures within one or
several of the various appropriation headings of this Act, to
be allocated to the budgets for personal services and
nonpersonal services as requested by the Mayor and approved
by the Council pursuant to the procedures in section 4 of the
Reprogramming Policy Act of 1980, effective September 16,
1980 (D.C. Law 3-100; D.C. Code, sec. 47-363), $4,563,000:
Provided, That the District of Columbia shall provide to the
Committees on Appropriations of the House of Representatives
and the Senate quarterly reports by the 15th day of the month
following the end of the quarter showing how monies provided
under this fund are expended with a final report providing a
full accounting of the fund due October 15, 1995 or not later
than 15 days after the last amount remaining in the fund is
disbursed.

Incentive Buyout Program

For the purpose of funding costs associated with the
incentive buyout program, to be apportioned by the Mayor of
the District of Columbia within the various appropriation
headings in this Act from which costs are properly payable,
$19,000,000.

Boards and Commissions

The Mayor shall reduce appropriations and expenditures for
boards and commissions under the various headings in this Act
in the amount of $500,000.

Government Re-Engineering Program

If a sufficient reduction from employees who are subject to
collective bargaining agreements is not realized through
renegotiating existing agreements, the Mayor shall decrease
the rates of compensation for such employees, notwithstanding
the provisions of any collective bargaining agreements:
Provided, That the Mayor shall reduce appropriations and
expenditures for personal and nonpersonal services in the
amount of $16,000,000 within one or several of the various
appropriation headings in this Act.

Outplacement

For outplacement $1,500,000.

Capital Outlay

For construction projects, $82,850,000, as authorized by an
Act authorizing the laying of water mains and service sewers
in the District of Columbia, the levying of assessments
therefor, and for other purposes, approved April 22, 1904 (33
Stat. 244; Public Law 58-140; D.C. Code, secs. 43-1512
through 43-1519); the District of Columbia Public Works Act
of 1954, approved May 18, 1954 (68 Stat. 101; Public Law 83-
364); An Act to authorize the Commissioners of the District
of Columbia to borrow funds for capital improvement programs
and to amend provisions of law relating to Federal Government
participation in meeting costs of maintaining the Nation's
Capital City, approved June 6, 1958 (72 Stat. 183; Public Law
85-451); including acquisition of sites, preparation of plans
and specifications, conducting preliminary surveys, erection
of structures, including building improvement and alteration
and treatment of grounds, to remain available until expended:
Provided, That $105,660,000 appropriated under this heading
in prior fiscal years is rescinded.

Water and Sewer Enterprise Fund

For the Water and Sewer Enterprise Fund, $243,853,000 and
1,024 full-time equivalent positions (end of year), of which
$41,036,000 shall be apportioned and payable to the debt
service fund for repayment of loans and interest incurred for
capital improvement projects.

Lottery and Charitable Games Enterprise Fund

For the Lottery and Charitable Games Enterprise Fund,
established by the District of Columbia Appropriation Act for
the Fiscal Year ending September 30, 1982, approved December
4, 1981 (95 Stat. 1174, 1175; Public Law 97-91), as

[[Page S 16703]]
amended, for the purpose of implementing the Law to Legalize Lotteries,
Daily Numbers Games, and Bingo and Raffles for Charitable
Purposes in the District of Columbia, effective March 10,
1981 (D.C. Law 3-172; D.C. Code, secs. 2-2501 et seq. and 22-
1516 et seq.), $229,950,000 and 88 full-time equivalent
positions (end of year), to be derived from non-Federal
District of Columbia revenues: Provided, That the District of
Columbia shall identify the source of funding for this
appropriation title from the District's own locally-generated
revenues: Provided further, That no revenues from Federal
sources shall be used to support the operations or activities
of the Lottery and Charitable Games Control Board.

Cable Television Enterprise Fund

For the Cable Television Enterprise Fund, established by
the Cable Television Communications Act of 1981, effective
October 22, 1983 (D.C. Law 5-36; D.C. Code, sec. 43-1801 et
seq.), $2,351,000 and 8 full-time equivalent positions (end
of year), of which $572,000 shall be transferred to the
General Fund of the District of Columbia.

Starplex Fund

For the Starplex Fund, $6,580,000 for the expenses incurred
by the Armory Board in the exercise of its powers granted by
An Act To Establish a District of Columbia Armory Board, and
for other purposes, approved June 4, 1948 (62 Stat. 339; D.C.
Code, sec. 2-301 et seq.) and the District of Columbia
Stadium Act of 1957, approved September 7, 1957 (71 Stat.
619; Public Law 85-300; D. C. Code, sec. 2-321 et seq.):
Provided, That the Mayor shall submit a budget for the Armory
Board for the forthcoming fiscal year as required by section
442(b) of the District of Columbia Self-Government and
Governmental Reorganization Act, approved December 24, 1973
(87 Stat. 824; Public Law 93-198; D.C. Code, sec. 47-301(b)).

D.C. General Hospital

For the District of Columbia General Hospital, established
by the Reorganization Order No. 57 of the Board of
Commissioners, effective August 15, 1953, $115,034,000, of
which $56,735,000 shall be derived by transfer from the
general fund.

D.C. Retirement Board

For the D.C. Retirement Board, established by section 121
of the District of Columbia Comprehensive Retirement Reform
Act of 1989, approved November 17, 1989 (93 Stat. 866; D.C.
Code, sec. 1-711), $13,440,000 to pay legal, management,
investment, and other fees and administrative expenses of the
District of Columbia Retirement Board and 11 full-time
equivalent positions (end of year): Provided, That the
District of Columbia Retirement Board shall provide to the
Congress and to the Council of the District of Columbia a
quarterly report of the allocations of charges by fund and of
expenditures of all funds: Provided further, That the
District of Columbia Retirement Board shall provide the
Mayor, for transmittal to the Council of the District of
Columbia, an item accounting of the planned use of
appropriated funds in time for each annual budget submission
and the actual use of such funds in time for each annual
audited financial report.

Correctional Industries

For the Correctional Industries Fund, established by the
District of Columbia Correctional Industries Establishment
Act, approved October 3, 1964 (78 Stat. 1000; Public Law 88-
622), $10,516,000 and 66 full-time equivalent positions (end
of year).

District of Columbia Financial Responsibility and Management Assistance
Authority

For the District of Columbia Financial Responsibility and
Management Assistance Authority, established by section
101(a) of the District of Columbia Financial Responsibility
and Management Assistance Act of 1995, approved April 17,
1995 (109 Stat. 97; Public Law 104-8), $3,500,000.

Washington Convention Center Enterprise Fund

For the Washington Convention Center Enterprise Fund,
$37,957,000, of which $5,400,000 shall be derived by transfer
from the general fund.

Personal Services Adjustment

The Mayor, in consultation with the Council and the
District of Columbia Financial Responsibility and Management
Assistance Authority, shall reduce appropriations and
expenditures for personal services costs in the amount of
$11,264,000 within one or several of the various
appropriations headings in this Act.

General Provisions

Sec. 101. The expenditure of any appropriation under this
Act for any consulting service through procurement contract,
pursuant to 5 U.S.C. 3109, shall be limited to those
contracts where such expenditures are a matter of public
record and available for public inspection, except where
otherwise provided under existing law, or under existing
Executive order issued pursuant to existing law.
Sec. 102. Except as otherwise provided in this Act, all
vouchers covering expenditures of appropriations contained in
this Act shall be audited before payment by the designated
certifying official and the vouchers as approved shall be
paid by checks issued by the designated disbursing official.
Sec. 103. Whenever in this Act, an amount is specified
within an appropriation for particular purposes or objects of
expenditure, such amount, unless otherwise specified, shall
be considered as the maximum amount that may be expended for
said purpose or object rather than an amount set apart
exclusively therefor.
Sec. 104. Appropriations in this Act shall be available,
when authorized by the Mayor, for allowances for privately
owned automobiles and motorcycles used for the performance of
official duties at rates established by the Mayor: Provided,
That such rates shall not exceed the maximum prevailing rates
for such vehicles as prescribed in the Federal Property
Management Regulations 101-7 (Federal Travel Regulations).
Sec. 105. Appropriations in this Act shall be available for
expenses of travel and for the payment of dues of
organizations concerned with the work of the District of
Columbia government, when authorized by the Mayor: Provided,
That the Council of the District of Columbia and the District
of Columbia Courts may expend such funds without
authorization by the Mayor.
Sec. 106. There are appropriated from the applicable funds
of the District of Columbia such sums as may be necessary for
making refunds and for the payment of judgments that have
been entered against the District of Columbia government:
Provided, That nothing contained in this section shall be
construed as modifying or affecting the provisions of section
11(c)(3) of title XII of the District of Columbia Income and
Franchise Tax Act of 1947, approved March 31, 1956 (70 Stat.
78; Public Law 84-460; D.C. Code, sec. 47-1812.11(c)(3)).
Sec. 107. Appropriations in this Act shall be available for
the payment of public assistance without reference to the
requirement of section 544 of the District of Columbia Public
Assistance Act of 1982, effective April 6, 1982 (D.C. Law 4-
101; D.C. Code, sec. 3-205.44), and for the non-Federal share
of funds necessary to qualify for Federal assistance under
the Juvenile Delinquency Prevention and Control Act of 1968,
approved July 31, 1968 (82 Stat. 462; Public Law 90-445; 42
U.S.C. 3801 et seq.).
Sec. 108. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 109. No funds appropriated in this Act for the
District of Columbia government for the operation of
educational institutions, the compensation of personnel, or
for other educational purposes may be used to permit,
encourage, facilitate, or further partisan political
activities. Nothing herein is intended to prohibit the
availability of school buildings for the use of any community
or partisan political group during non-school hours.
Sec. 110. The annual budget for the District of Columbia
government for the fiscal year ending September 30, 1997,
shall be transmitted to the Congress no later than April 15,
1996.
Sec. 111. None of the funds appropriated in this Act shall
be made available to pay the salary of any employee of the
District of Columbia government whose name, title, grade,
salary, past work experience, and salary history are not
available for inspection by the House and Senate Committees
on Appropriations, the House Committee on Government Reform
and Oversight, District of Columbia Subcommittee, the
Subcommittee on General Services, Federalism, and the
District of Columbia, of the Senate Committee on Governmental
Affairs, and the Council of the District of Columbia, or
their duly authorized representative: Provided, That none of
the funds contained in this Act shall be made available to
pay the salary of any employee of the District of Columbia
government whose name and salary are not available for public
inspection.
Sec. 112. There are appropriated from the applicable funds
of the District of Columbia such sums as may be necessary for
making payments authorized by the District of Columbia
Revenue Recovery Act of 1977, effective September 23, 1977
(D.C. Law 2-20; D.C. Code, sec. 47-421 et seq.).
Sec. 113. No part of this appropriation shall be used for
publicity or propaganda purposes or implementation of any
policy including boycott designed to support or defeat
legislation pending before Congress or any State legislature.
Sec. 114. At the start of the fiscal year, the Mayor shall
develop an annual plan, by quarter and by project, for
capital outlay borrowings: Provided, That within a reasonable
time after the close of each quarter, the Mayor shall report
to the Council of the District of Columbia and the Congress
the actual borrowing and spending progress compared with
projections.
Sec. 115. The Mayor shall not borrow any funds for capital
projects unless the Mayor has obtained prior approval from
the Council of the District of Columbia, by resolution,
identifying the projects and amounts to be financed with such
borrowings.
Sec. 116. The Mayor shall not expend any moneys borrowed
for capital projects for the operating expenses of the
District of Columbia government.
Sec. 117. None of the funds appropriated by this Act may be
obligated or expended by reprogramming except pursuant to
advance approval of the reprogramming granted according to
the procedure set forth in the Joint Explanatory Statement of
the Committee of Conference (House Report No. 96-443), which
accompanied the District of Columbia Appropriation Act, 1980,
approved October 30, 1979 (93 Stat. 713; Public Law 96-93),
as modified in House Report No. 98-265, and in accordance
with the Reprogramming Policy Act of 1980, effective
September 16, 1980 (D.C. Law 3-100; D.C. Code, sec. 47-361 et
seq.): Provided, That for the fiscal year ending September
30, 1996 the above shall apply except as modified by Public
Law 104-8.
Sec. 118. None of the Federal funds provided in this Act
shall be obligated or expended to provide a personal cook,
chauffeur, or other personal servants to any officer or
employee of the District of Columbia.
Sec. 119. None of the Federal funds provided in this Act
shall be obligated or expended to procure passenger
automobiles as defined in the Automobile Fuel Efficiency Act
of 1980, approved October 10, 1980 (94 Stat. 1824; Public Law
96-425; 15 U.S.C. 2001(2)), with an Environmental Protection
Agency estimated miles per gallon average of less than 22
miles per gallon: Provided, That this section shall not apply
to security, emergency rescue, or armored vehicles.

[[Page S 16704]]

Sec. 120. (a) Notwithstanding section 422(7) of the
District of Columbia Self-Government and Governmental
Reorganization Act of 1973, approved December 24, 1973 (87
Stat. 790; Public Law 93-198; D.C. Code, sec. 1-242(7)), the
City Administrator shall be paid, during any fiscal year, a
salary at a rate established by the Mayor, not to exceed the
rate established for level IV of the Executive Schedule under
5 U.S.C. 5315.
(b) For purposes of applying any provision of law limiting
the availability of funds for payment of salary or pay in any
fiscal year, the highest rate of pay established by the Mayor
under subsection (a) of this section for any position for any
period during the last quarter of calendar year 1995 shall be
deemed to be the rate of pay payable for that position for
September 30, 1995.
(c) Notwithstanding section 4(a) of the District of
Columbia Redevelopment Act of 1945, approved August 2, 1946
(60 Stat. 793; Public Law 79-592; D.C. Code, sec. 5-803(a)),
the Board of Directors of the District of Columbia
Redevelopment Land Agency shall be paid, during any fiscal
year, per diem compensation at a rate established by the
Mayor.
Sec. 121. Notwithstanding any other provisions of law, the
provisions of the District of Columbia Government
Comprehensive Merit Personnel Act of 1978, effective March 3,
1979 (D.C. Law 2-139; D.C. Code, sec. 1-601.1 et seq.),
enacted pursuant to section 422(3) of the District of
Columbia Self-Government and Governmental Reorganization Act
of 1973, approved December 24, 1973 (87 Stat. 790; Public Law
93-198; D.C. Code, sec. 1-242(3)), shall apply with respect
to the compensation of District of Columbia employees:
Provided, That for pay purposes, employees of the District of
Columbia government shall not be subject to the provisions of
title 5 of the United States Code.
Sec. 122. The Director of the Department of Administrative
Services may pay rentals and repair, alter, and improve
rented premises, without regard to the provisions of section
322 of the Economy Act of 1932 (Public Law 72-212; 40 U.S.C.
278a), upon a determination by the Director, that by reason
of circumstances set forth in such determination, the payment
of these rents and the execution of this work, without
reference to the limitations of section 322, is advantageous
to the District in terms of economy, efficiency, and the
District's best interest.
Sec. 123. No later than 30 days after the end of the first
quarter of the fiscal year ending September 30, 1996, the
Mayor of the District of Columbia shall submit to the Council
of the District of Columbia the new fiscal year 1996 revenue
estimates as of the end of the first quarter of fiscal year
1996. These estimates shall be used in the budget request for
the fiscal year ending September 30, 1997. The officially
revised estimates at midyear shall be used for the midyear
report.
Sec. 124. Section 466(b) of the District of Columbia Self-
Government and Governmental Reorganization Act of 1973,
approved December 24, 1973 (87 Stat. 806; Public Law 93-198;
D.C. Code, sec. 47-326), as amended, is amended by striking
``sold before October 1, 1995''and inserting ``sold before
October 1, 1996''.
Sec. 125. No sole source contract with the District of
Columbia government or any agency thereof may be renewed or
extended without opening that contract to the competitive
bidding process as set forth in section 303 of the District
of Columbia Procurement Practices Act of 1985, effective
February 21, 1986 (D.C. Law 6-85; D.C. Code, sec. 1-1183.3),
except that the District of Columbia Public Schools may renew
or extend sole source contracts for which competition is not
feasible or practical, provided that the determination as to
whether to invoke the competitive bidding process has been
made in accordance with duly promulgated Board of Education
rules and procedures.
Sec. 126. For purposes of the Balanced Budget and Emergency
Deficit Control Act of 1985, approved December 12, 1985 (99
Stat. 1037; Public Law 99-177), as amended, the term
``program, project, and activity'' shall be synonymous with
and refer specifically to each account appropriating Federal
funds in this Act, and any sequestration order shall be
applied to each of the accounts rather than to the aggregate
total of those accounts: Provided, That sequestration orders
shall not be applied to any account that is specifically
exempted from sequestration by the Balanced Budget and
Emergency Deficit Control Act of 1985, approved December 12,
1985 (99 Stat. 1037; Public Law 99-177), as amended.
Sec. 127. In the event a sequestration order is issued
pursuant to the Balanced Budget and Emergency Deficit Control
Act of 1985, approved December 12, 1985 (99 Stat. 1037;
Public Law 99-177), as amended, after the amounts
appropriated to the District of Columbia for the fiscal year
involved have been paid to the District of Columbia, the
Mayor of the District of Columbia shall pay to the Secretary
of the Treasury, within 15 days after receipt of a request
therefor from the Secretary of the Treasury, such amounts as
are sequestered by the order: Provided, That the
sequestration percentage specified in the order shall be
applied proportionately to each of the Federal appropriation
accounts in this Act that are not specifically exempted from
sequestration by the Balanced Budget and Emergency Deficit
Control Act of 1985, approved December 12, 1985 (99 Stat.
1037; Public Law 99-177), as amended.
Sec. 128. For the fiscal year ending September 30, 1996,
the District of Columbia shall pay interest on its quarterly
payments to the United States that are made more than 60 days
from the date of receipt of an itemized statement from the
Federal Bureau of Prisons of amounts due for housing District
of Columbia convicts in Federal penitentiaries for the
preceding quarter.
Sec. 129. Nothing in this Act shall be construed to
authorize any office, agency or entity to expend funds for
programs or functions for which a reorganization plan is
required but has not been approved by the Council pursuant to
section 422(12) of the District of Columbia Self-Government
and Governmental Reorganization Act of 1973, approved
December 24, 1973 (87 Stat. 790; Public Law 93-198; D.C.
Code, sec. 1-242(12)) and the Governmental Reorganization
Procedures Act of 1981, effective October 17, 1981 (D.C. Law
4-42; D.C. Code, secs. 1-299.1 to 1-299.7). Appropriations
made by this Act for such programs or functions are
conditioned on the approval by the Council, prior to October
1, 1995, of the required reorganization plans.
Sec 130. (a) An entity of the District of Columbia
government may accept and use a gift or donation during
fiscal year 1996 if--
(1) the Mayor approves the acceptance and use of the gift
or donation: Provided, That the Council of the District of
Columbia may accept and use gifts without prior approval by
the Mayor; and
(2) the entity uses the gift or donation to carry out its
authorized functions or duties.
(b) Each entity of the District of Columbia government
shall keep accurate and detailed records of the acceptance
and use of any gift or donation under subsection (a) of this
section, and shall make such records available for audit and
public inspection.
(c) For the purposes of this section, the term ``entity of
the District of Columbia government'' includes an independent
agency of the District of Columbia.
(d) This section shall not apply to the District of
Columbia Board of Education, which may, pursuant to the laws
and regulations of the District of Columbia, accept and use
gifts to the public schools without prior approval by the
Mayor.
Sec. 131. None of the Federal funds provided in this Act
may be used by the District of Columbia to provide for
salaries, expenses, or other costs associated with the
offices of United States Senator or United States
Representatives under section 4(d) of the District of
Columbia Statehood Constitutional Convention Initiatives of
1979, effective March 10, 1981 (D.C. Law 3-171; D.C. Code,
sec. 1-113(d)).
Sec. 132. None of the Federal funds appropriated under this
Act shall be expended for any abortion except when it is made
known to the entity or official to which funds are
appropriated under this Act that such procedure is necessary
to save the life of the mother or that the pregnancy is the
result of an act of rape or incest.

Compensation for the Commission on Judicial Disabilities and Tenure and
for the Judicial Nomination Commission

Sec. 133. Sections 431(f) and 433(b)(5) of the District of
Columbia Self-Government and Governmental Reorganization Act,
approved December 24, 1973 (87 Stat. 813; Public Law 93-198;
D.C. Code, secs. 11-1524 and title II, App. 433), are amended
to read as follows:
(a) Section 431(f) (D.C. Code, sec. 11-1524) is amended to
read as follows:
``(f) Members of the Tenure Commission shall serve without
compensation for services rendered in connection with their
official duties on the Commission.''.
(b) Section 433(b)(5)(title 11, App. 433) is amended to
read as follows:
``(5) Member of the Commission shall serve without
compensation for services rendered in connection with their
official duties on the Commission.''.

Multiyear Contracts

Sec. 134. Section 451 of the District of Columbia Self-
Government and Governmental Reorganization Act of 1973,
approved December 24, 1973 (87 Stat. 803; Public Law 93-198;
D.C. Code, sec. 1-1130), is amended by adding a new
subsection (c) to read as follows:
``(c)(1) The District may enter into multiyear contracts to
obtain goods and services for which funds would otherwise be
available for obligation only within the fiscal year for
which appropriated.
``(2) If the funds are not made available for the
continuation of such a contract into a subsequent fiscal
year, the contract shall be cancelled or terminated, and the
cost of cancellation or termination may be paid from--
``(A) appropriations originally available for the
performance of the contract concerned;
``(B) appropriations currently available for procurement of
the type of acquisition covered by the contract, and not
otherwise obligated; or
``(C) funds appropriated for those payments.
``(3) No contract entered into under this section shall be
valid unless the Mayor submits the contract to the Council
for its approval and the Council approves the contract (in
accordance with criteria established by act of the Council).
The Council shall be required to take affirmative action to
approve the contract within 45 calendar days. If no action is
taken to approve the contract within 45 calendar days, the
contract shall be deemed disapproved.''.

Calculated Real Property Tax Rate Rescission and Real Property Tax
Freeze

Sec. 135. The District of Columbia Real Property Tax
Revision Act of 1974, approved September 3, 1974 (88 Stat.
1051; D.C. Code, sec. 47-801 et seq.), is amended as follows:
(1) Section 412 (D.C. Code, sec. 47-812) is amended as
follows:
(A) Subsection (a) is amended by striking the third and
fourth sentences and inserting the following sentences in
their place: ``If the Council does extend the time for
establishing the rates of taxation on real property, it must
establish those rates for the tax year by permanent
legislation. If the Council does not establish the rates of
taxation of real property by October 15, and does not extend
the time for establishing rates, the rates of taxation
applied for the prior year shall be the rates of taxation
applied during the tax year.''.
(B) A new subsection (a-2) is added to read as follows:

[[Page S 16705]]

``(a-2) Notwithstanding the provisions of subsection (a) of
this section, the real property tax rates for taxable real
property in the District of Columbia for the tax year
beginning October 1, 1995, and ending September 30, 1996,
shall be the same rates in effect for the tax year beginning
October 1, 1993, and ending September 30, 1994.''.
(2) Section 413(c) (D.C. Code, sec. 47-815(c)) is repealed.

Prisons Industries

Sec. 136. Title 18 U.S.C. 1761(b) is amended by striking
the period at the end and inserting the phrase ``or not for-
profit organizations'' in its place.

Reports on Reductions

Sec. 137. Within 120 days of the effective date of this
Act, the Mayor shall submit to the Council a report
delineating the actions taken by the executive to effect the
directives of the Council in this Act, including--
(1) negotiations with representatives of collective
bargaining units to reduce employee compensation;
(2) actions to restructure existing long-term city debt;
(3) actions to apportion the spending reductions
anticipated by the directives of this Act to the executive
for unallocated reductions; and
(4) a list of any position that is backfilled including
description, title, and salary of the position.

Monthly Reporting Requirements--Board of Education

Sec. 138. The Board of Education shall submit to the
Congress, Mayor, and Council of the District of Columbia no
later than fifteen (15) calendar days after the end of each
month a report that sets forth--
(1) current month expenditures and obligations, year-to-
date expenditures and obligations, and total fiscal year
expenditure projections versus budget broken out on the basis
of control center, responsibility center, ARC, and object
class, and for appropriated funds, nonappropriated funds, and
capital financing;
(2) a breakdown of FTE positions and staff for the most
current pay period broken out on the basis of control center,
responsibility center, and ARC within each responsibility
center, for appropriated funds, nonappropriated funds, and
capital funds;
(3) a list of each account for which spending is frozen and
the amount of funds frozen, broken out by control center,
responsibility center, detailed object, and ARC, and for all
funding sources;
(4) a list of all active contracts in excess of $10,000
annually, which contains; the name of each contractor; the
budget to which the contract is charged broken out on the
basis of control center, responsibility center, and ARC; and
contract identifying codes used by the District of Columbia
Public Schools; payments made in the last month and year-to-
date, the total amount of the contract and total payments
made for the contract and any modifications, extensions,
renewals; and specific modifications made to each contract in
the last month;
(5) all reprogramming requests and reports that are
required to be, and have been, submitted to the Board of
Education; and
(6) changes made in the last month to the organizational
structure of the District of Columbia Public Schools,
displaying previous and current control centers and
responsibility centers, the names of the organizational
entities that have been changed, the name of the staff member
supervising each entity affected, and the reasons for the
structural change.

Monthly Reporting Requirement--University of the District of Columbia

Sec. 139. The University of the District of Columbia shall
submit to the Congress, Mayor, and Council of the District of
Columbia no later than fifteen (15) calendar days after the
end of each month a report that sets forth--
(1) current month expenditures and obligations, year-to-
date expenditures and obligations, and total fiscal year
expenditure projections versus budget broken out on the basis
of control center, responsibility center, and object class,
and for appropriated funds, nonappropriated funds, and
capital financing;
(2) a breakdown of FTE positions and all employees for the
most current pay period broken out on the basis of control
center and responsibility center, for appropriated funds,
nonappropriated funds, and capital funds.
(3) a list of each account for which spending is frozen and
the amount of funds frozen, broken out by control center,
responsibility center, detailed object, and for all funding
sources;
(4) a list of all active contracts in excess of $10,000
annually, which contains: the name of each contractor; the
budget to which the contract is charged broken out on the
basis of control center and responsibility center, and
contract identifying codes used by the University of the
District of Columbia; payments made in the last month and
year-to-date, the total amount of the contract and total
payments made for the contract and any modifications,
extensions, renewals; and specific modifications made to each
contract in the last month;
(5) all reprogramming requests and reports that have been
made by the University of the District of Columbia within the
last month in compliance with applicable law; and
(6) changes made in the last month to the organizational
structure of the University of the District of Columbia,
displaying previous and current control centers and
responsibility centers, the names of the organizational
entities that have been changed, the name of the staff member
supervising each entity affected, and the reasons for the
structural change.
Sec. 140. None of the Federal funds appropriated under this
Act shall be used to implement or enforce any system of
registration of unmarried, cohabiting couples whether they
are homosexual, lesbian, heterosexual, including but not
limited to registration for the purpose of extending
employment, health, or governmental benefits to such couples
on the same basis that such benefits are extended to legally
married couples; nor shall any funds made available pursuant
to any provision of this Act otherwise be used to implement
or enforce D.C. Act 9-188, signed by the Mayor of the
District of Columbia on April 15, 1992.

Annual Reporting Requirements

Sec. 141. (a) The Board of Education of the District of
Columbia and the University of the District of Columbia shall
annually compile an accurate and verifiable report on the
positions and employees in the public school system and the
university, respectively. The annual report shall set forth--
(1) the number of validated schedule A positions in the
District of Columbia Public Schools and the University of the
District of Columbia for fiscal year 1995, fiscal year 1996,
and thereafter on full-time equivalent basis, including a
compilation of all positions by control center,
responsibility center, funding source, position type,
position title, pay plan, grade, and annual salary; and
(2) a compilation of all employees in the District of
Columbia Public Schools and the University of the District of
Columbia as of the preceding December 31, verified as to its
accuracy in accordance with the functions that each employee
actually performs, by control center, responsibility center,
agency reporting code, program (including funding source),
activity, location for accounting purposes, job title, grade
and classification, annual salary, and position control
number.
(b) The annual report required by subsection (a) of this
section shall be submitted to the Congress, the Mayor and
Council of the District of Columbia, by not later than
February 8 of each year.

Annual Budgets and Budget Revisions

Sec. 142. (a) Not later than October 1, 1995, or within 15
calendar days after the date of the enactment of the District
of Columbia Appropriations Act, 1996, whichever occurs first,
and each succeeding year, the Board of Education and the
University of the District of Columbia shall submit to the
Congress, the Mayor, and Council of the District of Columbia,
a revised appropriated funds operating budget for the public
school system and the University of the District of Columbia
for such fiscal year that is in the total amount of the
approved appropriation and that realigns budgeted data for
personal services and other than personal services,
respectively, with anticipated actual expenditures.
(b) The revised budget required by subsection (a) of this
section shall be submitted in the format of the budget that
the Board of Education and the University of the District of
Columbia submit to the Mayor of the District of Columbia for
inclusion in the Mayor's budget submission to the Council of
the District of Columbia pursuant to section 442 of the
District of Columbia Self-Government and Governmental
Reorganization Act, Public Law 93-198, as amended (D.C. Code,
sec. 47-301).

Budget Approval

Sec. 143. The Board of Education, the Board of Trustees of
the University of the District of Columbia, the Board of
Library Trustees, and the Board of Governors of the D.C.
School of Law shall vote on and approve their respective
annual or revised budgets before submission to the Mayor of
the District of Columbia for inclusion in the Mayor's budget
submission to the Council of the District of Columbia in
accordance with section 442 of the District of Columbia Self-
Government and Governmental Reorganization Act, Public Law
93-198, as amended (D.C. Code, sec. 47-301), or before
submitting their respective budgets directly to the Council.

Public School Employee Evaluations

Sec. 144. Notwithstanding any other provision of law, rule,
or regulation, the evaluation process and instruments for
evaluating District of Columbia Public Schools employees
shall be a non-negotiable item for collective bargaining
purposes.

Position Vacancies

Sec. 145. (a) No agency, including an independent agency,
shall fill a position wholly funded by appropriations
authorized by this Act, which is vacant on October 1, 1995,
or becomes vacant between October 1, 1995, and September 30,
1996, unless the Mayor or independent agency submits a
proposed resolution of intent to fill the vacant position to
the Council. The Council shall be required to take
affirmative action on the Mayor's resolution within 30
legislative days. If the Council does not affirmatively
approve the resolution within 30 legislative days, the
resolution shall be deemed disapproved.
(b) No reduction in the number of full-time equivalent
positions or reduction-in-force due to privatization or
contracting out shall occur if the District of Columbia
Financial Responsibility and Management Assistance Authority,
established by section 101(a) of the District of Columbia
Financial Responsibility and Management Assistance Act of
1995, approved April 17, 1995 (109 Stat. 97; Public Law 104-
8), disallows the full-time equivalent position reduction
provided in this Act in meeting the maximum ceiling of 39,778
for the fiscal year ending September 30, 1996.
(c) This section shall not prohibit the appropriate
personnel authority from filling a vacant position with a
District government employee currently occupying a position
that is funded with appropriated funds.
(d) This section shall not apply to local school-based
teachers, school-based officers, or school-based teachers'
aides.

Capital Project Employees

Sec. 146. (a) Not later than 15 days after the end of every
fiscal quarter (beginning October 1,

[[Page S 16706]]
1995), the Mayor shall submit to the Council and the Committees on
Appropriations of the Senate and House of Representatives a
report with respect to the employees on the capital project
budget for the previous quarter.
(b) Each report submitted pursuant to subsection (a) of
this section shall include the following information--
(1) a list of all employees by position, title, grade and
step;
(2) a job description, including the capital project for
which each employee is working;
(3) the date that each employee began working on the
capital project and the ending date that each employee
completed or is projected to complete work on the capital
project; and
(4) a detailed explanation justifying why each employee is
being paid with capital funds.

Modifications of Board of Education Reduction-In-Force Procedures

Sec. 147. The District of Columbia Government Comprehensive
Merit Personnel Act of 1978, effective March 3, 1979 (D.C.
Law 2-139; D.C. Code, sec. 1-601.1 et seq.), is amended as
follows:
(a) Section 301 (D.C. Code, sec. 1.603.1) is amended as
follows:
(1) A new paragraph (13A) is added to read as follows:
``(13A) `Nonschool-based personnel' means any employee of
the District of Columbia Public Schools who is not based at a
local school or who does not provide direct services to
individual students.''.
(2) A new paragraph (15A) is added to read as follows:
``(15A) `School administrators' means principals, assistant
principals, school program directors, coordinators,
instructional supervisors, and support personnel of the
District of Columbia Public Schools.''.
(b) Section 801A(b)(2) (D.C. Code, sec. 1-609.1(b) (2 )) is
amended as follows:
(1) By striking the semicolon at the end of subparagraph
(L).
(2) By adding a new subparagraph (L-i) to read as follows:
``(L-i) Notwithstanding any other provision of law, the
Board of Education shall not issue rules that require or
permit nonschool-based personnel or school administrators to
be assigned or reassigned to the same competitive level as
classroom teachers;''
(c) Section 2402 (D.C. Code, sec. 1-625.2) is amended by
adding a new subsection (f) to read as follows:
``(f) Notwithstanding any other provision of law, the Board
of Education shall not require or permit non-school based
personnel or school administrators to be assigned or
reassigned to the same competitive level as classroom
teachers.''.
Sec. 148. (a) Notwithstanding any other provision of law,
rule, or regulation, an employee of the District of Columbia
Public Schools shall be--
(1) classified as an Educational Service employee;
(2) placed under the personnel authority of the Board of
Education; and
(3) subject to all Board of Education rules.
(b) School-based personnel shall constitute a separate
competitive area from non-school based personnel who shall
not compete with school-based personnel for retention
purposes.

modification of reduction-in-force procedures

Sec. 149. The District of Columbia Government Comprehensive
Merit Personnel Act of 1978, effective March 3, 1979 (D.C.
Law 2-139; D.C. Code, sec. 1-601.1 et seq.), is amended as
follows:
(a) Section 2401 (D.C. Code, sec. 1-625.1) is amended by
amending the third sentence to read as follows: ``A personnel
authority may establish lesser competitive areas within an
agency on the basis of all or a clearly identifiable segment
of an agency's mission or a division or major subdivision of
an agency.''.
(b) A new section 2406 is added to read as follows:

``SEC. 2406. ABOLISHMENT OF POSITIONS FOR FISCAL YEAR 1996.

``(a) Notwithstanding any other provision of law,
regulation, 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 identify positions for abolishment.
``(b) Prior to February 1, 1996, each personnel authority
shall make a final determination that a position within the
personnel authority is to be abolished.
``(c) Notwithstanding any rights or procedures established
by any other provision of this title, any District government
employee, regardless of date of hire, who encumbers a
position identified for abolishment shall be separated
without competition or assignment rights, except as provided
in this section.
``(d) An employee effected by the abolishment of a position
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 limited
to positions in the employee's competitive level.
``(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
purposes of this subsection only, a nonresident District
employee 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 specific
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 contesting 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 separation 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 employees
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 affect
an employee's rights under either the Agency Reemployment
Priority Program or the Displaced Employee Program
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 termination
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
termination notice to be served, no later than September 1,
1996, 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 Hospital 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 inserting
``3 years''.
This title may be cited as the ``District of Columbia
Appropriations Act, 1996''.
TITLE II--DISTRICT OF COLUMBIA SCHOOLS IMPROVEMENT ACT
Subtitle A--Establishment and Organization 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.
(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 ``Educational Plan'' means
the System-Wide Educational Reform Goals and Objectives Plan
developed and implemented 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 consist of the
following members:
(A) 1 member to be appointed by the President chosen from a
list of 3 proposed members submitted by the Majority Leader
of the Senate;
(B) 1 member to be appointed by the President chosen from a
list of 3 proposed members submitted by the Speaker of the
House of Representatives;
(C) 2 members to be appointed by the President, 1 who shall
represent the local business community and 1 who is a teacher
in the District of Columbia public schools.
(D) The President of the District of Columbia Congress of
Parents and Teachers.
(E) The President of the District of Columbia 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 Bureau 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.
(4) Vacancies.--Any vacancy in the membership of the
Commission shall be filled by the appointment of a new member
in the same manner as provided for the vacated membership. A
member appointed under this paragraph shall serve the
remaining term of the vacated membership.
(5) Qualifications.--Members of the Commission 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

[[Page S 16707]]
members, except that the President of the Board of Education 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 necessary 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 Commission, 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 Executive
Director may appoint and fix the pay of additional personnel
as the Executive Director considers appropriate, except that
no individual appointed by the Executive Director 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 following
powers:
(1) Financial control over the District of Columbia 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 management and
direction of the Board, as deemed necessary, to address
obstacles to the development or implementation of the
Educational Plan.
(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 Commission on or before
March 1 of each year an Educational Plan for the coming
school year. The Board shall have an Educational 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 approval
of the Commission.
(c) Development and Centers for Approval Plan.--Each
Educational Plan shall be developed, submitted, approved, and
monitored in accordance with the following procedures:
(1) Each Educational Plan shall include specific provisions
designed to accomplish the following objectives and reflect
the cumulative effect of the Local School Restructuring Team
(LSRT) in terms of student 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 involvement in the
education of their children.
(C) To enhance the range of authority, responsibility, 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 budgeted 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 evaluation process and
more and better opportunities for teacher preparation.
(J) To generate a sense of urgency in the business and
philanthropic community and enlist 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 Commission 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 Education, 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;
(B) to develop a five-year capital improvement 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 support 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 contain a
detailed description, including estimates of financial costs
and expected dates of completion, of--
(1) the Board's school reform goals and objectives;
(2) the Board's strategy for implementing its school reform
goals and objectives;
(3) the Board's plans and strategy for implementing
applicable District laws enacted to affect school reform;
(4) the Board's strategy for developing and implementing
district-wide guidelines, rules, and procedures with respect
to local school decision making as 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 approve 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 enacted to
affect school reform; and
(6) reasonably capable of achieving substantial progress
toward improving the educational achievement of the students
and is consistent with the Bringing Educational Services to
Students (BESST) agenda, the District of Columbia Reform
Agenda, and the District of Columbia Public Schools Goals
2000 Plan.
(d) Rejection and Revision.--If the Commission rejects 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 Educational Plan and of
the procedures and standards for revision and resubmission,
the Board fails to approve and resubmit a revised plan
acceptable to the Commission, the Commission may make
revisions and adopt a final Educational Plan and direct the
Superintendent to implement.
(e) Reporting Requirements.--The Board shall report to the
Commission, at such times and in such manner as the
Commission may direct, concerning the Board's implementation
of each approved Educational Plan. The Commission may review
the Board's operations, obtain educational 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 Commission may issue recommendations
or directives within its powers to the Board for the
implementation of the approved 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 contained 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 subsection (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 unless it is
consistent with the Educational Plan in effect.
(b) Commission Authority Over Contracting.--The Commission
shall have no power to impair any existing 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 implementation of the Educational Plan.
(c) Review of Contracts.--The Commission may request that
the Authority review proposed or existing contracts or leases
pursuant to section 203(b) of the District of Columbia
Financial Responsibility and Management Assistance 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 Commission may prescribe to
assure, monitor, and evaluate the performance 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 respect 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 activity which
may hinder the progress of any part of an approved
Educational Plan. The Board shall cooperate and assist the
Commission in any investigation. Reports of the findings of

[[Page S 16708]]
any such investigation shall be provided to the Board, Superintendent
of the District of Columbia Public Schools, the Mayor, the
Council, the Authority, the Committees on Appropriations of
the Senate and House of Representatives.

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 recommendations
submitted under subsection (a) which are within the authority
of the District of Columbia government to adopt, not later
than 90 days after receiving the recommendations, the Board,
shall submit a statement to the Commission which provides
notice as to whether the Board will adopt the
recommendations.
(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 recommendation which includes--
(A) specific performance measures to determine 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 recommendations 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 explanations 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
recommendation submitted under subsection (a) to the Board,
the other elements of the District of Columbia government and
the Committee on Governmental Affairs of the Senate, the
Committee on Government Reform and Oversight of the House of
Representatives, and the Committees on Appropriations of the
Senate and the House of Representatives.
(B) The Commission may then direct the Superintendent 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
Commission 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 develop 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;
(B) shall take into account the relative costs of any
policy for each student; and
(C) may include a requirement that students wear uniforms.
(b) Community Service Requirement for Suspended 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 suspension. The community service
required by this subsection shall be subject to rules and
regulations promulgated 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 membership
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 effectiveness
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.

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
education 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 Consensus 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 existing public school, or an
existing non-Public 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, admissions policies,
employment practices, and all other operations, and is not
affiliated with a sectarian 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 Disabilities
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 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, parents, 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 developer 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 charter
shall be a written proposed agreement between an eligible
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 fulfilled,
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 determine its
progress toward achieving those objectives;
(7) a description of the administrative relationship
between the charter school and the authorized public
chartering agency;
(8) a description of how parents and other members 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 operation 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 community 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 information 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 chartering
agency by taking the following factors into consideration:
(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 application.
(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
property located at 227 7th Street Southeast (commonly known
as Eastern

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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 FACILITIES.

(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 sector 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 facilities
used by the agency.
(2) Goal.--The activities described in paragraph (1) should
be a key component of agency programs that will by the year
2000 result in a 20 percent reduction, from fiscal year 1985
levels, in the energy use of the facilities used by the
agency, as required by section 543 of the National Energy
Conservation 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 subsection (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 implementation 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 agency for which
funds are made available under this Act shall include in each
report of the agency to the Secretary 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 consumption in the future.
(2) By secretary of energy.--The reports required 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 paragraph (1) or (2)
shall--
(A) specify the total energy costs of the facilities used
by the agency;
(B) identify the reductions achieved;
(C) specify the actions that resulted in the reductions;
(D) with respect to the procurement procedures of the
agency, specify what actions have been taken to--
(i) implement the procurement authorities provided by
subsections (a) and (c) of section 546 of the National Energy
Conservation Policy Act (42 U.S.C. 8256); and
(ii) incorporate directly, or by reference, 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 performance contracts
entered into by the agency under title VIII of the Act (42
U.S.C. 8287 et seq.).

SEC. 303. PAY OF MEMBERS OF CONGRESS AND THE PRESIDENT DURING
GOVERNMENT SHUTDOWNS.

(a) In General.--Members of Congress and the President
shall not receive basic pay for any period in which--
(1) there is more than a 24 hour lapse in appropriations
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 retroactively.
The PRESIDING OFFICER. The Republican whip.

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