In the Senate of the United States,

July 25, 1996.

Resolved, That the bill from the House of Representatives (H.R. 3845) 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, 1997,

and for other purposes’’, do pass with the following

AMENDMENTS:

1 Ω1æPage 3, line 16, strike out all after ‘‘Provided,’’ down

2 to and including ‘‘further,’’ in line 18

3 Ω2æPage 4, line 25, strike out all after ‘‘years’’ over to

4 and including ‘‘expenses’’ in line 8 on page 5

5 Ω3æPage 5, after line 12 insert:

6 (INCLUDING TRANSFER OF FUNDS)

7 Ω4æPage 9, line 4, after ‘‘involved’’ insert: : Provided fur8 ther, That in addition to the $1,041,281,000 appropriated

9 under this heading, an additional $651,000 shall be trans-
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1 ferred from the Department of Public Works to the District

2 of Columbia Court System for maintenance and repair of

3 elevators/escalators, heating, ventilation, and air condi4 tioning systems, fire alarms and security systems, materials

5 and services for building maintenance and repair, and

6 trash removal

7 Ω5æPage 15, line 24, strike out ø$46,923,000¿ and insert:

8 $75,923,000

9 Ω6æPage 32, strike out lines 13 through 17 and insert:

10 SEC. 129. None of the Federal funds appropriated

11 under this Act shall be expended for any abortion except

12 where the life of the mother would be endangered if the fetus

13 were carried to term or where the pregnancy is the result

14 of an act of rape or incest.

15 Ω7æPage 32, strike out all after line 18 over to and includ16 ing line 5 on page 33 and insert:

17 SEC. 130. No Federal funds made available pursuant

18 to any provision of this Act shall be used to implement or

19 enforce any system of registration of unmarried, cohabitat20 ing couples whether they are homosexual, lesbian, or hetero21 sexual, including but not limited to registration for the pur22 pose of extending employment, health, or governmental ben23 efits to such couples on the same basis that such benefits

24 are extended to legally married couples; nor shall any Fed-
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1 eral funds made available pursuant to any provision of this

2 Act otherwise be used to implement or enforce D.C. Act 9–

3 188, signed by the Mayor of the District of Columbia on

4 April 15, 1992.

5 Ω8æPage 33, line 24, after ‘‘Mayor,’’ insert: the District

6 of Columbia Financial Responsibility and Management As7 sistance Authority,

8 Ω9æPage 35, line 16, after ‘‘Mayor,’’ insert: the District

9 of Columbia Financial Responsibility and Management As10 sistance Authority,

11 Ω10æPage 45, strike out all after line 23 over to and in12 cluding line 17 on page 48 and insert:

13 ACCEPTANCE AND USE OF GRANTS

14 SEC. 141. (a) ACCEPTANCE AND USE OF GRANTS.—

15 (1) IN GENERAL.—The Mayor of the District of

16 Columbia may accept, obligate, and expend Federal,

17 private, and other grants received by the District gov18 ernment that are not reflected in the amounts appro19 priated in this Act.

20 (2) REQUIREMENT OF CHIEF FINANCIAL OFFICER

21 REPORT AND FINANCIAL RESPONSIBILITY AND MAN22 AGEMENT ASSISTANCE AUTHORITY APPROVAL.—No

23 such Federal, private, or other grant may be accepted,
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1 obligated, or expended pursuant to paragraph (1)

2 until—

3 (A) the Chief Financial Officer of the Dis4 trict submits to the District of Columbia Finan5 cial Responsibility and Management Assistance

6 Authority established by Public Law 104–8 (109

7 Stat. 97) a report setting forth detailed informa8 tion regarding such grant; and

9 (B) the District of Columbia Financial Re10 sponsibility and Management Assistance Author11 ity has reviewed and approved the acceptance,

12 obligation, and expenditure of such grant in ac13 cordance with review and approval procedures

14 consistent with the provisions of Public Law

15 104–8, the District of Columbia Financial Re16 sponsibility and Management Assistance Act of

17 1995.

18 (3) PROHIBITION ON SPENDING IN ANTICIPATION

19 OF APPROVAL OR RECEIPT.—No amount may be obli20 gated or expended from the general fund or other

21 funds of the District government in anticipation of

22 the approval or receipt of a grant under paragraph

23 (2)(B) or in anticipation of the approval or receipt

24 of a Federal, private, or other grant not subject to

25 such paragraph.
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1 (4) MONTHLY REPORTS.—The Chief Financial

2 Officer of the District shall prepare a monthly report

3 setting forth detailed information regarding all Fed4 eral, private, and other grants subject to this sub5 section. Each such report shall be submitted to the

6 Council of the District of Columbia, and to the Com7 mittees on Appropriations of the House of Represent8 atives and the Senate, not later than 15 days after the

9 end of the month covered by the report.

10 Ω11æPage 48, strike out all after line 17 over to and in11 cluding line 17 on page 50 and insert:

12 CHIEF FINANCIAL OFFICER POWERS DURING CONTROL

13 PERIODS

14 SEC. 142. Notwithstanding any other provision of law,

15 during any control period in effect under subtitle A of title

16 II of the District of Columbia Financial Responsibility and

17 Management Assistance Act of 1995 the following shall

18 apply:

19 (a) the heads and all personnel of the following

20 offices, together with all other District of Columbia

21 accounting, budget, and financial management per22 sonnel, (except legislative and judicial personnel)

23 shall be appointed by, shall serve at the pleasure of,

24 and shall act under the direction and control of the

25 Chief Financial Officer:
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1 The Office of the Treasurer.

2 The Controller of the District of Columbia.

3 The Office of the Budget.

4 The Office of Financial Information Serv5 ices.

6 The Department of Finance and Revenue.

7 The District of Columbia Financial Responsibility

8 and Management Assistance Authority established

9 pursuant to Public Law 104–8, approved April 17,

10 1995, may remove such individuals from office for

11 cause, after consultation with the Mayor and the

12 Chief Financial Officer.

13 (b) The Chief Financial Officer shall prepare

14 and submit to the Mayor, for inclusion in the annual

15 budget of the District of Columbia under part D of

16 title IV of the District of Columbia Self-Government

17 and Governmental Reorganization Act of 1973, ap18 proved December 24, 1973 (87 Stat. 774; Public Law

19 93–198), as amended, for each fiscal year occurring

20 during a control period in effect under subtitle A of

21 title II of the District of Columbia Financial Respon22 sibility and Management Assistance Act of 1995, an23 nual estimates of the expenditures and appropriations

24 necessary for the operation of the Office of the Chief

25 Financial Officer for the year. All such estimates
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1 shall be forwarded by the Mayor to the Council of the

2 District of Columbia for its action pursuant to sec3 tions 446 and 603(c) of the District of Columbia Self4 Government and Governmental Reorganization Act,

5 Public Law 93–198, approved December 24, 1973,

6 without revision but subject to recommendations. Not7 withstanding any other provisions of the District of

8 Columbia Self-Government and Governmental Reor9 ganization Act, Public Law 93–198, approved Decem10 ber 24, 1973, the Council may comment or make rec11 ommendations concerning such estimates, but shall

12 have no authority to revise such estimates.

13 Ω12æPage 54, after line 8 insert:

14 SEC. 147. Notwithstanding any other law, the District

15 of Columbia Housing Finance Agency, established by sec16 tion 210 of the District of Columbia Housing Finance

17 Agency Act, effective March 3, 1979 (D.C. Law 2–135; D.C.

18 Code, sec. 45–2111) shall not be required to repay moneys

19 advanced by the District government (including accrued in20 terest thereon) pursuant to Congressional appropriations

21 for fiscal years 1980 through 1992.

22 Ω13æPage 54, after line 8 insert:

23 SEC. 148. Section 2561(b) of the District of Columbia

24 School Reform Act of 1995 (Public Law 104–134) is amend25 ed to read as follows:
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1 ‘‘(b) LIMITATION.—A waiver under subsection (a) shall

2 not apply to requirements under 40 U.S.C. 267a–276a–7

3 and Executive Order 11246.’’

4 Ω14æPage 54, after line 8 insert:

5 SEC. 149. ENERGY AND WATER SAVINGS AT DISTRICT

6 OF COLUMBIA FACILITIES.—

7 (a) REDUCTION IN FACILITY ENERGY COSTS AND

8 WATER CONSUMPTION.—

9 IN GENERAL.—The Director of the District

10 of Columbia Office of Energy shall, subject to the

11 contract approval provisions of Public Law 104–

12 8—

13 (A) develop a comprehensive plan to

14 identify and accomplish energy conservation

15 measures to achieve maximum cost-effective

16 energy and water savings;

17 (B) enter into innovative financing

18 and contractual mechanisms including, but

19 not limited to utility demand-side manage20 ment programs and energy savings perform21 ance contracts and water conservation per22 formance contracts: Provided, That the

23 terms of such contracts do not exceed twen24 ty-five years; and
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1 (C) permit and encourage each depart2 ment or agency and other instrumentality

3 of the District of Columbia to participate in

4 programs conducted by any gas, electric or

5 water utility of the management of elec6 tricity or gas demand or for energy or

7 water and conservation.

Attest:

Secretary.
104TH CONGRESS

2D SESSION H. R. 3845

AMENDMENTS
HR 3845 EAS——5

HR 3845 EAS——4HR 3845 EAS——3HR 3845 EAS——2