Title II, Subtitle A
proved the financial plan and budget for the
year under section 202(b)(2), or any proposal
of the District government to renew, extend, or
modify a contract or lease during a control year
which is made after the Authority has approved
such financial plan and budget.
(B) REVIEW BY AUTHORITY.—The Author-
ity shall review each contract or lease submitted
under subparagraph (A) to determine if the
contract or lease is consistent with the financial
plan and budget for the fiscal year. If the Au-
thority determines that the contract or lease is
not consistent with the financial plan and budg-
et, the Mayor shall take such actions as are
within the Mayor’s powers to revise the contract
or lease, or shall submit a proposed revision to
the financial plan and budget in accordance
with section 202(e), so that the contract or
lease will be consistent with the financial plan
and budget.
(3) SPECIAL RULE FOR FISCAL YEAR 1995.—
The Authority may require the Mayor to submit to
the Authority any proposal to renew, extend, or
modify a contract or lease in effect during fiscal
year 1995 to determine if the renewal, extension, or
Title II, Subtitle A
modification is consistent with the budget for the
District of Columbia under the District of Columbia
Appropriations Act, 1995.
(4) SPECIAL RULE FOR CONTRACTS SUBJECT
TO COUNCIL APPROVAL.—In the case of a contract
which is required to be submitted to the Authority
under this subsection and which is subject to ap-
proval by the Council under the laws of the District
of Columbia, the Mayor shall submit such contract
to the Authority only after the Council has approved
the contract.
(c) 
RESTRICTIONS
ON
REPROGRAMMING
OF
AMOUNTS IN BUDGET DURING CONTROL YEARS.—
(1) SUBMISSIONS OF REQUESTS TO AUTHOR-
ITY.—If the Mayor submits a request to the Council
for the reprogramming of any amounts provided in
a budget for a fiscal year which is a control year
after the budget is adopted by the Council, the
Mayor shall submit such request to the Authority,
which shall analyze the affect of the proposed
reprogramming on the financial plan and budget for
the fiscal year and submit its analysis to the Council
not later than 15 days after receiving the request.
(2) NO
ACTION
PERMITTED
UNTIL
ANALYSIS
RECEIVED.—The 
Council 
may 
not 
adopt 
a
Title II, Subtitle A
reprogramming during a fiscal year which is a con-
trol year, and no officer or employee of the District
government may carry out any reprogramming dur-
ing such a year, until the Authority has provided the
Council with an analysis of a request for the
reprogramming in accordance with paragraph (1).
SEC. 204. RESTRICTIONS ON BORROWING BY DISTRICT
DURING CONTROL YEAR.
(a) PRIOR APPROVAL REQUIRED.—
(1) IN
GENERAL.—The District government
may not borrow money during a control year unless
the Authority provides prior certification that both
the receipt of funds through such borrowing and the
repayment of obligations incurred through such bor-
rowing are consistent with the financial plan and
budget for the year.
(2) REVISIONS TO FINANCIAL PLAN AND BUDG-
ET PERMITTED.—If the Authority determines that
the borrowing proposed to be undertaken by the Dis-
trict government is not consistent with the financial
plan and budget, the Mayor may submit to the Au-
thority a proposed revision to the financial plan and
budget in accordance with section 202(e) so that the
borrowing will be consistent with the financial plan
and budget as so revised.
Title II, Subtitle A
(3) BORROWING DESCRIBED.—This subsection
shall apply with respect to any borrowing under-
taken by the District government, including borrow-
ing through the issuance of bonds under part E of
title IV of the District of Columbia Self-Government
and Governmental Reorganization Act, the exercise
of authority to obtain funds from the United States
Treasury under title VI of the District of Columbia
Revenue Act of 1939 (sec. 47–3401, D.C. Code), or
any other means.
(4) SPECIAL RULES FOR TREASURY BORROWING
DURING FISCAL YEAR 1995.—
(A) NO PRIOR APPROVAL REQUIRED DUR-
ING
INITIAL
PERIOD
FOLLOWING
APPOINT-
MENT.—The District government may requisi-
tion advances from the United States Treasury
under title VI of the District of Columbia Reve-
nue Act of 1939 (sec. 47–3401, D.C. Code)
without the prior approval of the Authority dur-
ing the 45-day period which begins on the date
of the appointment of the members of the Au-
thority (subject to the restrictions described in
such title, as amended by subsection (c)).
(B) CRITERIA FOR APPROVAL DURING RE-
MAINDER OF FISCAL YEAR.—The District gov-
Title II, Subtitle A
ernment may requisition advances described in
subparagraph (A) during the portion of fiscal
year 1995 occurring after the expiration of the
45-day period described in such subparagraph if
the Authority finds that—
(i) both the receipt of funds through
such borrowing and the repayment of obli-
gations incurred through such borrowing
are appropriate steps to meet the needs of
the District government to reduce deficits
and discharge payment obligations; and
(ii) the District government is making
appropriate progress toward meeting its
responsibilities under this Act (and the
amendments made by this Act).
(b) DEPOSIT
OF
FUNDS
OBTAINED
THROUGH
TREASURY WITH AUTHORITY.—
(1) AUTOMATIC
DEPOSIT
DURING
CONTROL
YEAR.—If the Mayor requisitions funds from the
Secretary of the Treasury pursuant to title VI of the
District of Columbia Revenue Act of 1939 (sec. 47–
3401, D.C. Code) during a control year (beginning
with fiscal year 1996), such funds shall be deposited
by the Secretary into an escrow account held by the
Authority, to be used as follows:
Title II, Subtitle A
(A) The Authority shall expend a portion
of the funds for its operations during the fiscal
year in which the funds are requisitioned, in
such amount and under such conditions as are
established under the budget of the Authority
for the fiscal year under section 106(a).
(B) The Authority shall allocate the re-
mainder of such funds to the Mayor at such in-
tervals and in accordance with such terms and
conditions as it considers appropriate, consist-
ent with the financial plan and budget for the
year and with any other withholding of funds
by the Authority pursuant to this Act.
(2) OPTIONAL DEPOSIT DURING FISCAL YEAR
1995.—
(A) DURING INITIAL PERIOD FOLLOWING
APPOINTMENT.—If 
the 
Mayor 
requisitions
funds described in paragraph (1) during the 45-
day period which begins on the date of the ap-
pointment of the members of the Authority, the
Secretary of the Treasury shall notify the Au-
thority, and at the request of the Authority
shall deposit such funds into an escrow account
held by the Authority in accordance with para-
graph (1).
Title II, Subtitle A
(B) 
DURING
REMAINDER
OF
FISCAL
YEAR.—If the Mayor requisitions funds de-
scribed in paragraph (1) during the portion of
fiscal year 1995 occurring after the expiration
of the 45-day period described in subparagraph
(A), the Secretary of the Treasury shall deposit
such funds into an escrow account held by the
Authority in accordance with paragraph (1) at
the request of the Authority.
(c) CONDITIONS
ON REQUISITIONS FROM TREAS-
URY.—Title VI of the District of Columbia Revenue Act
of 1939 (sec. 47–3401, D.C. Code) is amended by striking
all after the heading and inserting the following:
‘‘SEC. 601. TRANSITIONAL PROVISION FOR SHORT-TERM
ADVANCES.
‘‘(a) TRANSITIONAL SHORT-TERM ADVANCES MADE
BEFORE OCTOBER 1, 1995.—
‘‘(1) IN GENERAL.—If the conditions in para-
graph (2) are satisfied, the Secretary shall make an
advance of funds from time to time, out of any
money in the Treasury not otherwise appropriated,
for the purpose of assisting the District government
in meeting its general expenditures, as authorized by
Congress.
Title II, Subtitle A
‘‘(2) CONDITIONS
TO
MAKING
ANY
TRANSI-
TIONAL SHORT-TERM ADVANCE BEFORE OCTOBER 1,
1995.—The Secretary shall make an advance under
this subsection if the following conditions are satis-
fied:
‘‘(A) the Mayor delivers to the Secretary a
requisition for an advance under this section;
‘‘(B) as of the date on which the
requisitioned advance is to be made, the Au-
thority has not approved a financial plan and
budget for the District government as meeting
the requirements of the District of Columbia
Financial Responsibility and Management As-
sistance Act of 1995;
‘‘(C) the date on which the requisitioned
advance is to be made is not later than Septem-
ber 30, 1995;
‘‘(D) the District government has delivered
to the Secretary—
‘‘(i) a schedule setting forth the an-
ticipated timing and amounts of req-
uisitions for advances under this sub-
section; and
‘‘(ii) evidence demonstrating to the
satisfaction of the Secretary that the Dis-
Title II, Subtitle A
trict government is effectively unable to ob-
tain credit in the public credit markets or
elsewhere in sufficient amounts and on suf-
ficiently reasonable terms to meet the Dis-
trict government’s financing needs;
‘‘(E) the Secretary determines that there is
reasonable assurance of reimbursement for the
advance from the amount authorized to be ap-
propriated as the annual Federal payment to
the District of Columbia under title V of the
District of Columbia Self-Government and Gov-
ernmental Reorganization Act for the fiscal
year ending September 30, 1996; and
‘‘(F) except during the 45-day period be-
ginning on the date of the appointment of the
members of the Authority, the Authority makes
the findings described in section 204(a)(4)(B)
of the District of Columbia Financial Respon-
sibility and Management Assistance Act of
1995.
‘‘(3) AMOUNT OF ANY TRANSITIONAL SHORT-
TERM ADVANCE MADE BEFORE OCTOBER 1, 1995.—
‘‘(A) IN GENERAL.—Except as provided in
subparagraph (C), if the conditions described in
subparagraph (B) are satisfied, each advance
Title II, Subtitle A
made under this subsection shall be in the
amount designated by the Mayor in the Mayor’s
requisition for such advance (subject to the ap-
proval of the Authority), except that—
‘‘(i) the total amount requisitioned
under this subsection during the 30-day
period which begins on the date of the first
requisition made under this subsection may
not exceed 331⁄3 percent of the fiscal year
1995 limit;
‘‘(ii) the total amount requisitioned
under this subsection during the 60-day
period which begins on the date of the first
requisition made under this subsection may
not exceed 662⁄3 percent of the fiscal year
1995 limit; and
‘‘(iii) the total amount requisitioned
under this subsection after the expiration
of 90-day period which begins on the date
of the first requisition made under this
subsection may not exceed 100 percent of
the fiscal year 1995 limit.
‘‘(B) CONDITIONS
APPLICABLE
TO
DES-
IGNATED AMOUNT.—Subparagraph (A) applies
if the Mayor determines that the amount des-
Title II, Subtitle A
ignated in the Mayor’s requisition for such ad-
vance is needed to accomplish the purpose de-
scribed in paragraph (1).
‘‘(C) AGGREGATE MAXIMUM AMOUNT OUT-
STANDING.—The sum of the anticipated prin-
cipal and interest requirements of all advances
made under this subsection may not be greater
than the fiscal year 1995 limit.
‘‘(D) 
FISCAL
YEAR
1995
LIMIT
DE-
SCRIBED.—In this paragraph, the ‘fiscal year
1995 limit’ means the amount authorized to be
appropriated to the District of Columbia as the
annual Federal payment to the District of Co-
lumbia under title V of the District of Columbia
Self-Government and Governmental Reorga-
nization Act for the fiscal year ending Septem-
ber 30, 1995.
‘‘(4) MATURITY OF ANY TRANSITIONAL SHORT-
TERM ADVANCE MADE BEFORE OCTOBER 1, 1995.—
‘‘(A) IN GENERAL.—Except as provided in
subparagraph (B), each advance made under
this subsection shall mature on the date des-
ignated by the Mayor in the Mayor’s requisition
for such advance.
Title II, Subtitle A
‘‘(B) LATEST
PERMISSIBLE
MATURITY
DATE.—Notwithstanding subparagraph (A), the
maturity date for any advance made under this
subsection shall not be later than October 1,
1995.
‘‘(5) INTEREST
RATE.—Each advance made
under this subsection shall bear interest at an an-
nual rate equal to the rate determined by the Sec-
retary at the time that the Secretary makes such ad-
vance taking into consideration the prevailing yield
on outstanding marketable obligations of the United
States with remaining periods to maturity com-
parable to the maturity of such advance, plus 1⁄8 of
1 percent.
‘‘(6) DEPOSIT OF ADVANCES.—
‘‘(A) IN GENERAL.—Except as provided in
subparagraph (B), each advance made under
this subsection for the account of the District
government shall be deposited by the Secretary
into such account as is designated by the Mayor
in the Mayor’s requisition for such advance.
‘‘(B) EXCEPTION.—Notwithstanding sub-
paragraph (A), if (in accordance with section
204(b)(2) of the District of Columbia Financial
Responsibility and Management Assistance Act
Title II, Subtitle A
‘‘(i) NEW CONDITIONS PRECEDENT TO
MAKING
ADVANCES.—The conditions de-
scribed in subsection (a)(2) shall apply
with respect to making advances on or
after October 1, 1995, in the same manner
as such conditions apply with respect to
making advances before October 1, 1995,
except that—
‘‘(I) subparagraph (C) (relating
to the last day on which advances may
be made) shall be applied as if the
reference to ‘October 1, 1995’ were a
reference to ‘February 1, 1996’;
‘‘(II) subparagraph (E) (relating
to the Secretary’s determination of
reasonable assurance of reimburse-
ment from the annual Federal pay-
ment appropriated to the District gov-
ernment) shall be applied as if the ref-
erence to ‘September 30, 1996’ were a
reference to ‘September 30, 1997’;
‘‘(III) the Secretary may not
make an advance under this sub-
section unless all advances made
under subsection (a) are fully reim-
Title II, Subtitle A
bursed by withholding from the an-
nual Federal payment appropriated to
the District for the fiscal year ending
September 30, 1996, under title V of
the District of Columbia Self-Govern-
ment and Governmental Reorganiza-
tion Act, and applying toward reim-
bursement for such advances an
amount equal to the amount needed
to fully reimburse the Treasury for
such advances; and
‘‘(IV) the Secretary may not
make an advance under this sub-
section unless the Authority has pro-
vided the Secretary with the prior cer-
tification 
described 
in 
section
204(a)(1) of the District of Columbia
Financial Responsibility and Manage-
ment Assistance Act of 1995.
‘‘(ii) NEW LATEST PERMISSIBLE MA-
TURITY
DATE.—The provisions of sub-
section (a)(4) shall apply with respect to
the maturity of advances made after Octo-
ber 1, 1995, in the same manner as such
provisions apply with respect to the matu-
Title II, Subtitle A
rity of advances made before October 1,
1995, except that subparagraph (B) of
such subsection (relating to the latest per-
missible maturity date) shall apply as if
the reference to ‘October 1, 1995’ were a
reference to ‘October 1, 1996’.
‘‘(iii) AGGREGATE MAXIMUM AMOUNT
OUTSTANDING.—The sum of the antici-
pated principal and interest requirements
of all advances made under this subsection
may not be greater than the fiscal year
1996 limit.
‘‘(C) NEW MAXIMUM AMOUNT OUTSTAND-
ING.—
‘‘(i) IN
GENERAL.—Except as pro-
vided in clause (iii), if the conditions de-
scribed in clause (ii) are satisfied, each ad-
vance made under this subsection shall be
in the amount designated by the Mayor in
the Mayor’s requisition for such advance
(subject to the approval of the Authority).
‘‘(ii) CONDITIONS
APPLICABLE
TO
DESIGNATED AMOUNT.— Clause (i) applies
if the Mayor determines that the amount
designated in the Mayor’s requisition for
Title II, Subtitle A
such advance is needed to accomplish the
purpose described in paragraph (1).
‘‘(iii) AGGREGATE MAXIMUM AMOUNT
OUTSTANDING.—The sum of the antici-
pated principal and interest requirements
of all advances made under this paragraph
may not be greater than 60 percent of the
fiscal year 1996 limit.
‘‘(D) DEPOSIT
OF
ADVANCES.—As pro-
vided in section 204(b) of the District of Co-
lumbia Financial Responsibility and Manage-
ment Assistance Act of 1995, each advance
made under this subsection for the account of
the District shall be deposited by the Secretary
into an escrow account held by the Authority.
‘‘(E) 
FISCAL
YEAR
1996
LIMIT
DE-
SCRIBED.—In this paragraph, the ‘fiscal year
1996 limit’ means the amount authorized to be
appropriated to the District of Columbia as the
annual Federal payment to the District of Co-
lumbia under title V of the District of Columbia
Self-Government and Governmental Reorga-
nization Act for the fiscal year ending Septem-
ber 30, 1996.
Title II, Subtitle A
‘‘(c) TRANSITIONAL SHORT-TERM ADVANCES MADE
ON OR AFTER FEBRUARY 1, 1996 AND BEFORE OCTOBER
1, 1996.—
‘‘(1) IN GENERAL.—If the conditions in para-
graph (2) are satisfied, the Secretary shall make an
advance of funds from time to time, out of any
money in the Treasury not otherwise appropriated,
for the same purpose as advances are made under
subsection (a).
‘‘(2) TERMS AND CONDITIONS.—
‘‘(A) IN GENERAL.—Except as provided in
subparagraph (B), subsection (b)(2) shall apply
to any advance made under this subsection.
‘‘(B) EXCEPTIONS.—The conditions appli-
cable under subsection (b)(2) shall apply with
respect to making advances on or after Feb-
ruary 1, 1996, and before October 1, 1996, in
the same manner as such conditions apply to
making advances under such subsection, except
that—
‘‘(i) in applying subparagraph (C) of
subsection (a)(2) (as described in sub-
section (b)(2)(B)(i)(I)), the reference to
‘October 1, 1995’ shall be deemed to be a
reference to ‘September 30, 1996’;