[Congressional Record Volume 142, Number 116 (Thursday, August 1, 1996)]
[House]
[Pages H9670-H9679]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


_______________________________________________________________________

  CONFERENCE REPORT ON H.R. 3845, DISTRICT OF COLUMBIA APPROPRIATIONS 
                               ACT, 1997

  Mr. BONILLA submitted the following conference report and statement 
on the bill (H.R. 3845) 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:

                  Conference Report (H. Rept. 104-740)

       The committee of conference on the disagreeing votes of the 
     two Houses on the amendments of the Senate to the bill (H.R. 
     3845) ``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,'' having met, after full and free conference, have 
     agreed to recommend and do recommend to their respective 
     Houses as follows:
       That the Senate recede from its amendments numbered 3, 4, 
     5, 6, and 7.
       That the House recede from its disagreement to the 
     amendments of the Senate numbered 9, 12, and 13, and agree to 
     the same.
       Amendment numbered 1:
       That the House recede from its disagreement to the 
     amendment of the Senate numbered 1, and agree to the same 
     with an amendment, as follows:
       In lieu of the matter stricken by said amendment, insert 
     the following: That funds expended for the Office of the 
     Mayor are not to exceed $2,109,000, of which $632,000 is from 
     intra-District funds: Provided further, That $327,000 of the 
     funds for the Office of the Mayor shall be transferred to the 
     Department of Administrative Services as reimbursement for 
     occupancy costs, including costs for telephone, electricity 
     and other services: Provided further,; and the Senate agree 
     to the same.
       Amendment numbered 2:
       That the House recede from its disagreement to the 
     amendment of the Senate numbered 2, and agree to the same 
     with an amendment, as follows:
       Delete the matter stricken by said amendment, and on page 
     3, after line 4 of the House engrossed bill, H.R. 3845, 
     insert the following:


        FEDERAL CONTRIBUTION FOR REPAIR OF DRINKING WATER SYSTEM

       For a Federal contribution to the District of Columbia 
     Financial Responsibility and Management Assistance Authority 
     for contracting with a private entity (or entities) to carry 
     out a program to inspect, flush, and repair the drinking 
     water distribution system of the District of Columbia, 
     $1,000,000.
, and
     on page 4, line 13 of the House engrossed bill, H.R. 3845, 
     strike all after ``funds)'' down through and including 
     ``Columbia'' on page 5, line 11.
       And the Senate agree to the same.
       Amendment number 8:
       That the House recede from its disagreement to the 
     amendment of the Senate numbered 8, and agree to the same 
     with an amendment, as follows:
       Retain the matter proposed in said amendment, and
     on page 31, line 5 of the House engrossed bill, H.R. 3845, 
     strike ``, prior to October 1, 1996,''.
       And the Senate agree to the same.
       Amendment number 10:
       That the House recede from its disagreement to the 
     amendment of the Senate numbered 10, and agree to the same 
     with an amendment, as follows:
       Delete the matter proposed and restore the matter stricken 
     amended as follows:
       In lieu of the first sum named in the matter restored 
     insert: $74,000,000; and the Senate agree to the same.
       Amendment number 11:
       That the House recede from its disagreement to the 
     amendment of the Senate numbered 11, and agree to the same 
     with an amendment, as follows:
       Delete the matter proposed and restore the matter stricken 
     amended as follows:
       In lieu of subsection (a) in the matter restored insert:
       (a) The heads of all personnel of the offices, together 
     with all other District of Columbia accounting, budget, and 
     financial management personnel (including personnel of 
     independent agencies but not including personnel of the 
     legislative and judicial branches of the District 
     government), shall be appointed by, shall serve at the 
     pleasure of, and shall act under the direction and control of 
     the Chief Financial Officer:
       The Office of the Treasurer.
       The Controller of the District of Columbia.
       The Office of the Budget.
       The Office of Financial Information Services.
       The Department of Finance and Revenue.
       The District of Columbia Financial Responsibility and 
     Management Assistance Authority established pursuant to 
     Public Law 104-8, approved April 17, 1995, may remove such 
     individuals from office for cause, after consultation with 
     the Mayor and the Chief Financial Officer.
       And the Senate agree to the same.
       Amendment numbered 14:
       That the House recede from its disagreement to the 
     amendment of the Senate numbered 14, and agree to the same 
     with an amendment, as follows:
       In lieu of the matter proposed by said amendment, insert 
     the following:

     SEC. 149. ENERGY AND WATER SAVINGS AT DISTRICT OF COLUMBIA 
                   FACILITIES.

       (a) Reduction in Facility Energy Costs and Water 
     Consumption.--
       In general.--The Director of the District of Columbia 
     Office of Energy shall, subject to the contract approval 
     provisions of Public Law 104-8--
       (A) develop a comprehensive plan to identify and accomplish 
     energy conservation measures to achieve maximum cost-
     effective energy and water savings;
       (B) enter into innovative financing and contractual 
     mechanisms including, but not limited to utility demand-side 
     management programs and energy savings performance contracts 
     and water conservation performance contracts: Provided, That 
     the terms of such contracts do not exceed twenty-five years; 
     and
       (C) permit and encourage each department or agency and 
     other instrumentality of the District of Columbia to 
     participate in programs conducted by any gas, electric or 
     water utility of the management of electricity or gas demand 
     or for energy or water conservation.


  reduction in minimum number of members of the board of trustees of 
                          American university

       Sec. 150. The first section of the Act entitled ``an Act to 
     incorporate the American University'', approved February 24, 
     1893 (27 Stat. 476), is amended by striking ``forty'' and 
     inserting ``twenty-five''.


        Waiver of Congressional Review for Certain Council Acts

       Sec. 151. Notwithstanding section 602(c)(1) of the District 
     of Columbia Self-Government and Governmental Reorganization 
     Act, each of the following District of Columbia acts shall 
     take effect on the date of the enactment of this act:
       (1) The District of Columbia Real Property Tax Lien 
     Assignment or Sale and Transfer Amendment Act of 1996 (D.C. 
     Act 11-353).
       (2) The Telecommunications Competition Act of 1996 (D.C. 
     Act 11-300).
       (3) The Mortgage Lenders and Brokers Act of 1996 (D.C. Act 
     11-309).
       And the Senate agree to the same.

     James T. Walsh,
     Henry Bonilla,
     Jack Kingston,

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     R.P. Frelinghuysen,
     Mark W. Neumann,
     Mike Parker,
     Bob Livingston,
     Julian C. Dixon,
     Jose E. Serrano,
     Marcy Kaptur,
     David R. Obey,
                                Managers on the Part of the House.

     James M. Jeffords,
     Ben Nighthorse Campbell,
     Mark O. Hatfield,
     Herb Kohl
       (Except amendments No. 6 and No. 7)
     Daniel K. Inouye,
       (Except amendments No. 6 and No. 7),
                               Managers on the Part of the Senate.

       JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE

       The managers on the part of the House and the Senate at the 
     conference on the disagreeing votes of the two Houses on the 
     amendments of the Senate to the bill (H.R. 3845) 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, submit the 
     following joint statement to the House and the Senate in 
     explanation of the effect of the actions agreed upon by the 
     managers and recommended in the accompanying conference 
     report.
       The conference agreement on the District of Columbia 
     Appropriations Act, 1997, incorporates some of the provisions 
     of both the House and Senate versions of the bill. The 
     language and allocations set forth in House Report 104-689 
     and Senate Report 104-328 should be complied with unless 
     specifically addressed in the accompanying bill and statement 
     of the managers to the contrary.
       A summary chart appears after the explanation for amendment 
     5 showing the Federal appropriations by account and the 
     allocation of District funds by agency or office under each 
     appropriation title showing the fiscal year 1996 
     appropriation, the control board distribution for fiscal year 
     1996, and the fiscal year 1997 request, House and Senate 
     recommendations and conference allowance.

            Deficit Spending and Long-Term Deficit Borrowing

       The conferees are concerned with the insidious aspects of 
     long-term borrowing to fund deficit spending. The conferees 
     note that the actual deficit for fiscal year 1995 was only 
     $25,000,000 when the accounting adjustments of $29,000,000 
     are factored out.
       For fiscal year 1996, the deficit was estimated at 
     $20,000,000 at the time the President signed the 
     appropriations Act; however, in testimony provided by the 
     Chief Financial Officer to the House Committee on 
     Appropriations on May 15, 1996, the deficit was projected at 
     $116,000,000, a 580 percent increase. While the deficit was 
     relatively small in fiscal year 1995, it is projected to 
     increase significantly in fiscal year 1996.
       The District is proposing to borrow $500,000,000 long term 
     to fund the accumulated deficit caused by overspending and 
     future projected deficits. The cost of this proposal is 
     $435,000,000 in interest costs that will have to be paid from 
     current operating revenues in addition to the $500,000,000 in 
     principal that will have to be repaid. Said another way, 
     instead of the $435,000,000 being used to benefit District 
     taxpayers in the form of teachers and counselors for 
     education programs, police activities and fire services as 
     well as programs to meet various social needs, those hundreds 
     of millions of dollars will be used for interest payments to 
     bondholders thus depriving the citizens of the District the 
     use of scarce revenues for basic city services. The insidious 
     nature of deficit borrowing is that it allows higher spending 
     that satisfies immediate needs while at the same time 
     entrapping current and future taxpayers into making interest 
     payments on funds borrowed to pay for goods and services that 
     were provided in the past. This $435,000,000 is in addition 
     to the $150,000,000 in interest payments being made on the 
     $336,000,000 in deficit borrowings made in fiscal year 1991.
       Long-term borrowings for capital projects, on the other 
     hand, are entirely appropriate because the projects on which 
     those funds are spent last for the period during which those 
     borrowings are repaid so that the taxpayers at the time the 
     payments are made are able to benefit from those projects. 
     This is not the case with long-term borrowings for deficit 
     spending. Every effort should be made by the Mayor, the 
     Council and the control board to avoid deficit spending and 
     thus alleviate the need to obligate future taxpayers to pay 
     for the overspending of those who preceded them.
       The accumulated deficit at the end of fiscal year 1995 
     totaled $378,000,000 which was computed by subtracting total 
     assets from total liabilities in the General Fund and 
     resulted in liabilities exceeding assets available to satisfy 
     those liabilities. However, an analysis of the liabilities 
     reveals that approximately $312,000,000 will either not 
     require a use of cash or are long term in nature. For 
     example, $142,000,000 is deferred revenue, which is a record 
     of cash already received that will be recorded as revenue 
     earned in fiscal year 1996. The cash is already in the 
     General Fund's cash account. Another $170,000,000 is recorded 
     as accrued liabilities which are estimates of payments that 
     may be made sometime in the distant future, such as payments 
     resulting from claims and judgments, disputes from grant 
     claims, and possible Medicaid payments subject to audits of 
     reimbursement claims. Thus, only about $66,000,000 of the 
     remaining excess liabilities over assets of the accumulated 
     deficit may need to be paid in fiscal year 1996. Given this 
     analysis it appears that a long-term borrowing of 
     $500,000,000 should be carefully analyzed and avoided by 
     pursuing other options. A very high priority should be given 
     to living within the current revenues.
       An analysis of the District's cash account to determine the 
     pattern of overspending since fiscal year 1991 when 
     $336,000,000 was borrowed to fund the accumulated deficit 
     reveals that the District over spent an average of 
     $71,000,000 per year. It should be noted that this amount 
     reflects increases and decreases in both the accounts 
     receivable and the accounts payable so that a deferral of the 
     use of cash would not artificially inflate the balance in the 
     cash account. This amount is approximately the amount of the 
     projected fiscal year 1997 deficit of $74,000,000 recommended 
     in this conference agreement. The Mayor and the Control Board 
     Chairman recently stated that there were several ways of 
     reducing the projected fiscal year 1997 deficit. These 
     recommendations as well as those made by the many financial 
     advisers who have testified and published reports on the 
     various ways the city can reduce the costs of operating the 
     Nation's Capital should be pursued vigorously.
       Testimony at recent and past hearings as well as reports 
     from financial advisors to the city and meetings with 
     District and control board officials have documented the 
     concerns and inherent problems in borrowing long-term to 
     finance operating deficits. The officials cited several ways 
     to reduce the projected deficit for fiscal year 1997; the 
     advisors have testified that future requests by the District 
     to fund an operating deficit should not be approved; and 
     testimony indicates that a change in one item, Medicaid, 
     among several other items, would eliminate the city's deficit 
     and result in a surplus. Efforts should be pursued 
     immediately on these items that will save District taxpayers 
     and the Federal Government hundreds of millions of dollars 
     instead of spending scarce local revenues on interest costs 
     to bondholders.
       Long-term borrowing for deficit spending does not resolve 
     the problems caused by overspending--rather it increases the 
     accumulated deficit and postpones the tough decisions that 
     have to be made. Deficit financing carries a very high cost 
     that has serious negative consequences to the financial 
     health and quality of life of the community.

                  Quality of District's Drinking Water

       The conferees are deeply concerned about recent violations 
     of Federal drinking water quality standards and the 
     continuing problems that beset the drinking water supply and 
     distribution system for the District of Columbia. The Federal 
     Environmental Protection Agency (EPA) recently completed a 
     preliminary investigation of the water quality problems 
     attributed to the District's water distribution system and 
     concluded that there is an urgent and immediate need for the 
     District to implement steps to assure the integrity of 
     drinking water quality in the District. Among the most 
     important of these recommended actions is that the District 
     hire a private contractor or contractors to flush the 
     drinking water distribution system completely, and to inspect 
     and repair water valves.
       The conferees agree that there is a strong Federal interest 
     in assuring that those who visit, live, and work in the 
     Nation's Capital have safe water to drink. Accordingly, the 
     conference agreement includes $1,000,000 in Federal funds for 
     this purpose under amendment number 2. These funds are 
     provided to the Financial Control Board to contract with a 
     private entity or entities to conduct the inspection, 
     flushing and repair work recommended by the EPA. The 
     conferees direct the control board to consult with the 
     Department of Public Works, the D.C. Water and Sewer 
     Authority and the EPA in implementing this activity. Further, 
     the conferees encourage the control board to move 
     expeditiously to contract for the work in anticipation of the 
     funds provided in the accompanying bill becoming available on 
     October 1, 1996.

                 YCARE 2000 Private-Public Partnership

       The conferees fully support the YCARE 2000 program 
     sponsored by the YMCA of Metropolitan Washington. The program 
     provides work-readiness, conflict resolution training, 
     tutoring, socialization and other skills to at-risk District 
     youth who are in the age range of 5 to 18 years old. The 
     conferees believe that YCARE 2000 is an example of an 
     efficient and well-managed private-public partnership which 
     can provide social services to improve the lives of the 
     city's young people. The conferees note that the Council of 
     the District of Columbia has formally recognized the 
     achievements of the YCARE 2000 initiative in a July 11, 1995 
     resolution.
       In order to provide and facilitate private-public 
     partnerships such as YCARE 2000 and in order to reach at-risk 
     youth most efficiently, the conferees request that the Mayor, 
     the City Council, and the Board of Education work with 
     organizations like the YMCA to locate such programs on or 
     near school property. In addition, the conferees request that 
     the Mayor consult with representatives of private, not-for-
     profit community organizations with demonstrated experience 
     and expertise in providing services

[[Page H9672]]

     to children and youth in the District and, to the extent 
     financial constraints permit, make funds available to such 
     groups for such services on the condition that the groups 
     provide equal matching amounts.

                             FEDERAL FUNDS

        Federal Contribution for Repair of Drinking Water System

       The conference agreement, under amendment number 2, 
     includes a Federal contribution of $1,000,000 to the District 
     of Columbia Financial Responsibility and Management 
     Assistance Authority for contracting with private entities to 
     inspect, flush, and repair the drinking water distribution 
     system in the District. A discussion of the quality of the 
     district's drinking water appears earlier in this statement.

                             DISTRICT FUNDS

                   Governmental Direction and Support

       Amendment No. 1: Limits the fiscal year 1997 budget for the 
     Office of the Mayor to $2,109,000 of which $632,000 is from 
     intra-District funds instead of $1,753,000 of which $632,000 
     is from intra-District funds as proposed by the House and 
     $2,209,000 of which $632,000 is from intra-District funds as 
     proposed by the Senate and provides that $327,000 of the 
     $2,109,000 shall be transferred to the Department of 
     Administrative Services as reimbursement for occupancy costs, 
     including costs for telephone, electricity and other 
     services.
       Amendment No. 2: Deletes a proviso proposed by the House 
     and stricken by the Senate and further deletes a proviso 
     before and a proviso that followed the proviso stricken by 
     the Senate concerning the District of Columbia Housing 
     Finance Agency and inserts a new heading and paragraph 
     appropriating $1,000,000 in Federal funds to the District of 
     Columbia Financial Responsibility and Management Assistance 
     Authority for contracting with private entities to carry out 
     a program to inspect, flush, and repair the drinking water 
     distribution system in the District.
       The conference action deletes language as requested in the 
     consensus budget that eliminates the requirement for the 
     District of Columbia Housing Finance Agency to repay the 
     District's general fund $10,591,000 appropriated for fiscal 
     years 1980 through 1992 to finance the Agency's operations. 
     According to District officials, retaining the language 
     requires the Agency to carry the debt on its books and 
     creates a negative financial picture thereby making it 
     difficult and more costly for the Agency to access capital 
     markets. The debt was determined by the District's 
     independent auditors to be ``uncollectible'' and is fully 
     reserved for in the District's Comprehensive Annual Financial 
     Report (CAFR) (see page 34, fiscal year 1995 CAFR). An 
     earlier communication from District officials requested that 
     the language be retained. See amendment number 12 for 
     language ``forgiving'' the Agency from the repayment 
     requirement.
       The conference action also appropriates $1,000,000 for a 
     Federal contribution to the District of Columbia Financial 
     Responsibility and Management Assistance Authority for 
     contracting with private entities to inspect, flush, and 
     repair the city's water distribution system which has fallen 
     into disrepair. A discussion of the quality of the District's 
     drinking water appears earlier in this statement.

                       Public Safety and Justice


                     (including transfer of funds)

       Amendment No. 3: Deletes language proposed by the Senate 
     that would have modified the appropriations title to indicate 
     that this appropriation included a transfer of funds. The 
     transfer of funds in amendment number 4 has not been agreed 
     to by the conferees.
       Amendment No. 4: Deletes a proviso proposed by the Senate 
     that would have transferred $651,000 from the Department of 
     Public Works to the District of Columbia Court System for 
     maintenance and repair of elevators/escalators, heating, 
     ventilation, and air conditioning systems, fire alarms and 
     security systems, materials and services for building 
     maintenance and repair, and trash removal.
       The conferees are extremely concerned and disappointed that 
     the Department of Public Works has failed to provide 
     maintenance and repair services to the District of Columbia 
     Courts in a professional manner, permitting necessary 
     maintenance and repair contracts to lapse and causing greater 
     expenses and disruptions as a result. While the conference 
     agreement retains this responsibility in the Department of 
     Public Works, the conferees expect this will not happen 
     again.
       The conference action reflects a reallocation of building 
     occupancy costs totaling $2,347,000 from the Superior Court's 
     budget to the Court System's budget because the payments are 
     made from that particular budget. This reallocation was 
     requested by District officials.

                             Capital Outlay


                        (including rescissions)

       Amendment No. 5: Provides an increase of $46,923,000 for 
     construction projects as proposed by the House instead of 
     $75,923,000 as proposed by the Senate. The reduction of 
     $29,000,000 below the amount proposed by the Senate reflects 
     the deletion of duplicate capital outlay authority initially 
     provided in the fiscal year 1996 appropriations act (Public 
     Law 104-234) for Facility Condition Assessment ($1,000,000) 
     and Financial Control System or FMS ($28,000,000). The amount 
     approved in fiscal year 1996 under ``Capital Outlay'' is 
     available for two years for the initial obligation after 
     which the authority remains available until exhausted. The 
     House and Senate versions of the bill for fiscal year 1997 
     include an increase of $3,123,000 for the FMS which when 
     added to the $28,000,000 in the fiscal year 1996 act will 
     provide a total of $31,123,000 for FMS work.

         Summary Table of Conference Recommendations by Agency

       A summary table showing the Federal appropriations by 
     account and the allocation of District funds by agency or 
     office under each appropriation title for fiscal year 1996, 
     the control board distribution for fiscal year 1996, and the 
     fiscal year 1997 request, House and Senate recommendations 
     and conference allowance follows:

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                           General Provisions

       Amendment No. 6: Restores language in section 129 proposed 
     by the House and stricken by the Senate that prohibits the 
     use of any funds in this Act for any abortion except to save 
     the life of the mother or in cases of rape or incest.
       Amendment No. 7: Restores language in section 130 proposed 
     by the House and stricken by the Senate that prohibits the 
     use of any funds in this Act (1) for any system of 
     registration of unmarried cohabiting couples or (2) to 
     implement or enforce the District's Domestic Partners Act.
       Amendment No. 8: Inserts language in section 132 that adds 
     the Financial Control Board to the entities in section 132 
     that are to receive monthly reports from the Board of 
     Education as proposed by the Senate and deletes language in 
     section 126 that would have prohibited the expenditure of 
     funds by agencies for which a reorganization plan is required 
     but has not been approved by the City Council prior to 
     October 1, 1996. The language remaining in section 126 
     continues the prohibition on expenditures for such agencies 
     until the City Council approves the required reorganization 
     plans but removes the October 1, 1996 deadline for City 
     Council approval.
       Amendment No. 9: Adds the Financial Control Board to the 
     entities in section 133 that are to receive monthly reports 
     from the University of the District of Columbia as proposed 
     by the Senate.


                    CEILING ON EXPENSES AND DEFICIT

       Amendment No. 10: Amends language proposed by the House and 
     stricken by the Senate in section 141 (1) establishing a 
     ceiling on fiscal year 1997 operating expenses from all funds 
     of $5,108,913,000 of which $134,528,000 are from intra-
     District funds as proposed by the House and stricken by the 
     Senate; (2) limiting the operating deficit from all funds for 
     fiscal year 1997 to $74,000,000 instead of $40,000,000 as 
     proposed by the House and stricken by the Senate, and (3) 
     requiring the Chief Financial Officer and the Financial 
     Control Board to take such steps as are necessary to meet 
     these requirements including the apportioning of 
     appropriations and funds by the Chief Financial Officer 
     during fiscal year 1997 as proposed by the House and stricken 
     by the Senate.
       The conferees urge the Mayor, the City Council, and the 
     control board to use every means possible to reduce the costs 
     of operating the Nation's Capital and make every effort to 
     avoid deficit spending.


                     CHIEF FINANCIAL OFFICER POWERS

       Amendment No. 11: Amends language in section 142 proposed 
     by the House and the Senate to clarify that all financial 
     personnel in the executive branch of the District government, 
     including all independent agencies and excluding the 
     legislative and judicial branches of the District Government, 
     are under the exclusive control of the Chief Financial 
     Officer instead of all financial personnel in the executive 
     branch of the District government as proposed by the House 
     and all financial personnel except those in the legislative 
     and judicial branches as proposed by the Senate. The 
     clarification is required to insure that the financial 
     personnel of each independent agency in the District, without 
     exception, are appointed by, serve at the pleasure of, and 
     act under the direction and control of the Chief Financial 
     Officer. The conferees do not expect any misinterpretation of 
     the intent of this statute and direct the Chief Financial 
     Officer to notify, in writing, the Committees on 
     Appropriations as well as the respective authorizing 
     committees of the House and the Senate of any person of any 
     executive branch agency including any independent agency who 
     fails to comply with the requirements of this section within 
     five calendar days of the failure to comply.


                         HOUSING FINANCE AGENCY

       Amendment No. 12: Inserts a new section 147 as proposed by 
     the Senate that forgives the District of Columbia Housing 
     Finance Agency from the requirement to repay the District's 
     general fund for $10,591,000 appropriated during fiscal years 
     1980-1992 for the operations of the Agency. See also 
     amendment number 2 for a further discussion of this issue.


                             school reform

       Amendment No. 13: Inserts a new section 148 as proposed by 
     the Senate that amends section 2561(b) of the District of 
     Columbia School Reform Act of 1995 (Public Law 104-134) to 
     exclude Executive Order 11246 from being waived for 
     construction or maintenance projects coordinated through the 
     Federal General Services Administration for the District's 
     public school facilities. Executive Order 11246 governs civil 
     rights protections for Federal government construction 
     contracts.


                        other general provisions

       Amendment No. 14: Inserts new general provisions numbered 
     149, 150 and 151 instead of a new general provision numbered 
     149 as proposed by the Senate. The additional general 
     provisions were requested by the House authorizing committee 
     and concurred in by the Senate authorizing committee. A brief 
     explanation of each of these general provisions follows.
       Language agreed to by the conferees in section 149 proposed 
     by the Senate authorizes the District of Columbia Energy 
     Office, subject to control board review, to negotiate energy 
     performance contracts for periods up to 25 years with energy 
     service companies who will provide investment capital to 
     reduce energy consumption in District facilities. Through 
     this method, the energy service companies will install energy 
     efficient lighting, heating, and cooling systems using their 
     investment capital with their payback coming in future years 
     from a portion of the money saved when the energy bills are 
     lowered. It is estimated that the District government could 
     realize annual savings of $50,000,000 in its energy costs 
     through this program.
       Language requested by the House authorizing committee and 
     agreed to by the conferees in section 150 reduces the minimum 
     size of the Board of Trustees of American University from 40 
     to 25. According to the authorizing committee, this change 
     was requested by the University.
       Language requested by the House authorizing committee and 
     agreed to by the conferees in section 151 waives the 30-day 
     congressional layover period for three specific pieces of 
     legislation already approved by the District government. The 
     Tax Lien Act of 1996 (D.C. Act 11-353) will expedite the 
     District's ability to sell $50,000,000 in uncollected 
     property taxes in return for $44,000,000 in cash. The 
     authorizing committee stated that this transaction could not 
     move ahead in a timely manner unless the review period is 
     waived. Section 151 also waives the 30-day congressional 
     layover for the Telecommunications Competition Act of 1996 
     (D.C. Act 11-300) and the Mortgage Lenders and Brokers Act of 
     1996 (D.C. Act 11-309) which together comprise the District's 
     efforts to implement the Federal Telecommunications Act. The 
     District's Telecommunications Act opens the District's market 
     to telecommunications services providers. The Mortgage 
     Lenders and Brokers Act regulates mortgage lenders in the 
     District and also contains substantive amendments to the 
     Telecommunications Act.

                   Conference Total--With Comparisons

       The total new budget (obligational) authority for the 
     fiscal year 1997 recommended by the Committee of Conference, 
     with comparisons to the fiscal year 1996 amount, the 1997 
     budget estimates, and the House and Senate bills for 1997 
     follow:

Federal funds
New budget (obligational) authority, fiscal year 1996......$712,070,000
Budget estimates of new (obligational) authority, fiscal yea769,842,000
House bill, fiscal year 1997................................717,772,000
Senate bill, fiscal year 1997...............................717,772,000
Conference agreement, fiscal year 1997......................718,772,000
Conference agreement compared with:
  New budget (obligational) authority, fiscal year 1996.......6,702,000
  Budget estimates of new (obligational) authority, fiscal (51,070,000)
  House bill, fiscal year 1997................................1,000,000
  Senate bill, fiscal year 1997...............................1,000,000
District of Columbia Funds
New budget (obligational) authority, fiscal year 1996\1\ 4,930,7000,000
Budget estimates of new (obligational) authority, fiscal y5,050,308,000
House bill, fiscal year 1997..............................5,021,308,000
Senate bill, fiscal year 1997.............................5,050,308,000
Conference agreement, fiscal year 1997....................5,021,308,000
Conference agreement compared with:
  New budget (obligational) authority, fiscal year 1996......90,608,000
  Budget estimates of new (obligational) authority, fiscal (29,000,000)
  House bill, fiscal year 1997........................................0
  Senate bill, fiscal year 1997............................(29,000,000)

\1\ Excludes $165,339,000 in intra-District funds for comparability 
purposes with fiscal year 1997 which excludes intra-District funds.

     James T. Walsh,
     Henry Bonilla,
     Jack Kingston,
     R.P. Frelinghuysen,
     Mark W. Neumann,
     Mike Parker,
     Bob Livingston,
     Julian C. Dixon,
     Jose E. Serrano,
     Marcy Kaptur,
     David R. Obey,
                                Managers on the Part of the House.

     James M. Jeffords,
     Ben Nighthorse Campbell,
     Mark O. Hatfield,
       (Except amendments No. 6 and No. 7),
     Herb Kohl,
       (Except amendments No. 6 and No. 7),
     Daniel K. Inouye,
     Managers on the Part of the Senate.

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