[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1267 Engrossed in Senate (ES)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
108th CONGRESS
  1st Session
                                S. 1267

_______________________________________________________________________

                                 AN ACT


 
To amend the District of Columbia Home Rule Act to provide the District 
  of Columbia with autonomy over its budgets, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

           TITLE I--DISTRICT OF COLUMBIA BUDGET AUTONOMY ACT

SEC. 101. SHORT TITLE.

    This title may be cited as the ``District of Columbia Budget 
Autonomy Act of 2003''.

SEC. 102. ENACTMENT OF DISTRICT OF COLUMBIA LOCAL BUDGET.

    (a) In General.--Section 446 of the District of Columbia Home Rule 
Act (sec. 1-204.46, D.C. Official Code) is amended to read as follows:

                      ``enactment of local budget

    ``Sec. 446. (a) Adoption of Budgets and Supplements.--The Council, 
within 50 calendar days after receipt of the budget proposal from the 
Mayor, and after public hearing, shall by Act adopt the annual budget 
for the District of Columbia government. Any supplements thereto shall 
also be adopted by Act by the Council after public hearing.
    ``(b) Transmission to President During Control Years.--In the case 
of a budget for a fiscal year which is a control year, the budget so 
adopted shall be submitted by the Mayor to the President for 
transmission by him to the Congress, except that the Mayor shall not 
transmit any such budget, or amendments or supplements thereto, to the 
President until the completion of the budget procedures contained in 
this Act and the District of Columbia Financial Responsibility and 
Management Assistance Act of 1995.
    ``(c) Prohibiting Obligations and Expenditures Not Authorized Under 
Budget.--Except as provided in section 445A(b), section 467(d), section 
471(c), section 472(d), section 475(e), section 483(d), and subsections 
(f), (g), (h)(3), and (i)(3) of section 490, no amount may be obligated 
or expended by any officer or employee of the District of Columbia 
government unless--
            ``(1) such amount has been approved by an Act of the 
        Council (and then only in accordance with such authorization) 
        and a copy of such Act has been transmitted by the Chairman to 
        the Congress; or
            ``(2) in the case of an amount obligated or expended during 
        a control year, such amount has been approved by an Act of 
        Congress (and then only in accordance with such authorization).
    ``(d) Restrictions on Reprogramming of Amounts.--After the adoption 
of the annual budget for a fiscal year (beginning with the annual 
budget for fiscal year 1995), no reprogramming of amounts in the budget 
may occur unless the Mayor submits to the Council a request for such 
reprogramming and the Council approves the request, but only if any 
additional expenditures provided under such request for an activity are 
offset by reductions in expenditures for another activity.
    ``(e) Definition.--In this part, the term `control year' has the 
meaning given such term in section 305(4) of the District of Columbia 
Financial Responsibility and Management Assistance Act of 1995.''.
    (b) Length of Congressional Review Period for Budget Acts.--Section 
602(c) of such Act (sec. 1-206.02(c), D.C. Official Code) is amended--
            (1) in the second sentence of paragraph (1), by striking 
        ``paragraph (2)'' and inserting ``paragraphs (2) and (4)''; and
            (2) by adding at the end the following new paragraph:
    ``(4) In the case of any Act transmitted under the first sentence 
of paragraph (1) to which section 446 applies and for which the fiscal 
year involved is not a control year, such Act shall take effect upon 
the expiration of the 30-calendar-day period beginning on the day such 
Act is transmitted, or upon the date prescribed by such Act, whichever 
is later, unless during such 30-day period, there has been enacted into 
law a joint resolution disapproving such Act. If such 30-day period 
expires on any day on which neither House is in session because of an 
adjournment sine die, a recess of more than three days, or an 
adjournment of more than three days, the period applicable under the 
previous sentence shall be extended for 5 additional days (excluding 
Saturdays, Sundays, and holidays, and any day on which neither House is 
in session because of an adjournment sine die, a recess of more than 
three days, or an adjournment of more than three days). In any case in 
which any such joint resolution disapproving such an Act has, within 
the applicable period, passed both Houses of Congress and has been 
transmitted to the President, such resolution, upon becoming law, 
subsequent to the expiration of such period, shall be deemed to have 
repealed such Act, as of the date such resolution becomes law. The 
provisions of section 604 shall apply with respect to any joint 
resolution disapproving any Act pursuant to this paragraph.''.
    (c) Conforming Amendments.--(1) Sections 467(d), 471(c), 472(d)(2), 
475(e)(2), and 483(d), and subsections (f), (g)(3), (h)(3), and (i)(3) 
of section 490 of such Act are each amended by striking ``The fourth 
sentence of section 446'' and inserting ``Section 446(c)''.
    (2) The third sentence of section 412(a) of such Act (sec. 1-
204.12(a), D.C. Official Code) is amended by inserting ``for a fiscal 
year which is a control year described in such section'' after 
``section 446 applies''.
    (3) Section 202(c)(2) of the District of Columbia Financial 
Responsibility and Management Assistance Act of 1995 (sec. 47-
392.02(c)(2), D.C. Official Code) is amended by striking ``the first 
sentence of section 446'' and inserting ``section 446(a)''.
    (4) Section 202(d)(3)(A) of the District of Columbia Financial 
Responsibility and Management Assistance Act of 1995 (sec. 47-
392.02(d)(3)(A), D.C. Official Code) is amended by striking ``the first 
sentence of section 446'' and inserting ``section 446(a)''.
    (5) Section 11206 of the National Capital Revitalization and Self-
Government Improvement Act of 1997 (sec. 24-106, D.C. Official Code) is 
amended by striking ``the fourth sentence of section 446'' and 
inserting ``section 446(c)''.
    (d) Clerical Amendment.--The item relating to section 446 in the 
table of contents of such Act is amended to read as follows:

        ``Sec. 446. Enactment of local budget.''.

SEC. 103. ACTION BY COUNCIL OF DISTRICT OF COLUMBIA ON LINE-ITEM VETOES 
              BY MAYOR OF PROVISIONS OF BUDGET ACTS.

    (a) In General.--Section 404(f) of the District of Columbia Home 
Rule Act (sec. 1-204.4(f), D.C. Official Code) is amended by striking 
``transmitted by the Chairman to the President of the United States'' 
both places it appears and inserting the following: ``incorporated in 
such Act (or, in the case of an item or provision contained in a budget 
act for a control year, transmitted by the Chairman to the 
President)''.
    (b) Conforming Amendment.--Section 404(f) of such Act (sec. 1-
204.04(f), D.C. Official Code) is amended--
            (1) by striking ``(f)'' and inserting ``(f)(1)'';
            (2) in the fifth sentence, by striking ``(as defined in 
        section 305(4) of the District of Columbia Financial 
        Responsibility and Management Assistance Act of 1995), this 
        subsection'' and inserting ``this paragraph''; and
            (3) by adding at the end the following new paragraph:
    ``(2) In this subsection, the term `control year' has the meaning 
given such term in section 305(4) of the District of Columbia Financial 
Responsibility and Management Assistance Act of 1995.''.

SEC. 104. PERMITTING EMPLOYEES TO BE HIRED IF POSITION AUTHORIZED BY 
              ACT OF THE COUNCIL.

    Section 447 of the District of Columbia Home Rule Act (sec. 1-
204.47, D.C. Official Code) is amended--
            (1) by striking ``Act of Congress'' each place it appears 
        and inserting ``act of the Council (or Act of Congress, in the 
        case of a year which is a control year)''; and
            (2) by striking ``Acts of Congress'' and inserting ``acts 
        of the Council (or Acts of Congress, in the case of a year 
        which is a control year)''.

SEC. 105. OTHER CONFORMING AMENDMENTS RELATING TO CHANGES IN FEDERAL 
              ROLE IN BUDGET PROCESS.

    (a) Federal Authority Over Budget-Making Process.--Section 603(a) 
of the District of Columbia Home Rule Act (sec. 1-206.03, D.C. Official 
Code) is amended by inserting before the period at the end the 
following: ``for a fiscal year which is a control year''.
    (b) Restrictions Applicable During Control Years.--Section 603(d) 
of such Act (sec. 1-206.03(d), D.C. Official Code) is amended to read 
as follows:
    ``(d) In the case of a fiscal year which is a control year, the 
Council may not approve, and the Mayor may not forward to the 
President, any budget which is not consistent with the financial plan 
and budget established for the fiscal year under subtitle A of title II 
of the District of Columbia Financial Responsibility and Management 
Assistance Act of 1995.''.
    (c) Definition.--Section 603(f) of such Act (sec. 1-206.03(f), D.C. 
Official Code) is amended to read as follows:
    ``(f) In this section, the term `control year' has the meaning 
given such term in section 305(4) of the District of Columbia Financial 
Responsibility and Management Assistance Act of 1995.''.

SEC. 106. CONTINUATION OF GENERAL PROVISIONS IN APPROPRIATIONS ACTS AND 
              TREATMENT OF AMENDMENTS.

    (a) Continuation.--Any general provision contained in a general 
appropriation bill which includes the appropriation of Federal payments 
to the District of Columbia for a fiscal year (or, in the case of such 
a bill which is included as a division, title, or other portion of 
another general appropriation bill, any general provision contained in 
such division, title, or other portion) in effect on the date of 
enactment of this Act shall remain in effect until the date of the 
enactment of a general appropriation bill which includes the 
appropriation of Federal payments to the District of Columbia for the 
following fiscal year.
    (b) Amendments in the Senate.--In the case of the consideration in 
the Senate of a general appropriations bill that includes the 
appropriations of Federal payments to the District of Columbia, an 
amendment proposing a limitation on the use of any District of Columbia 
funds by the District of Columbia shall not constitute general 
legislation under paragraphs 2 and 4 of Rule XVI of the Standing Rules 
of the Senate.

SEC. 107. METERED CABS IN THE DISTRICT OF COLUMBIA.

    (a) In General.--Except as provided in subsection (b) and not later 
than 1 year after the date of enactment of this Act, the District of 
Columbia shall require all cabs licensed in the District of Columbia to 
charge fares by a metered system.
    (b) District of Columbia Opt Out.--The District of Columbia may 
cancel the requirements of subsection (a) by adopting an ordinance that 
specifically states that the District of Columbia opts out of the 
requirement to implement a metered system under subsection (a).

SEC. 108. EFFECTIVE DATE.

    The amendments made by this Act shall apply to budgets of the 
District of Columbia for fiscal years beginning on or after October 1, 
2004.

  TITLE II--DISTRICT OF COLUMBIA INDEPENDENCE OF THE CHIEF FINANCIAL 
                          OFFICER ACT OF 2003

SEC. 201. SHORT TITLE.

    This title may be cited as the ``District of Columbia Independence 
of the Chief Financial Officer Act of 2003''.

SEC. 202. AMENDMENTS TO THE HOME RULE ACT.

    (a) In General.--Part B of title IV section 424 of the District of 
Columbia Home Rule Act is amended to read as follows:

  ``office of the chief financial officer of the district of columbia

    ``Sec. 424. (a) In General.--
            ``(1) Establishment.--There is hereby established within 
        the executive branch of the government of the District of 
        Columbia an Office of the Chief Financial Officer of the 
        District of Columbia (`Office'), which shall be headed by the 
        Chief Financial Officer of the District of Columbia (`Chief 
        Financial Officer').
            ``(2) Organizational analysis.--
                    ``(A) Office of budget and planning.--The name of 
                the Office of Budget and Management, established by 
                Commissioner's Order 69-96, issued March 7, 1969, is 
                changed to the Office of Budget and Planning.
                    ``(B) Office of tax and revenue.--The name of the 
                Department of Finance and Revenue, established by 
                Commissioner's Order 69-96, issued March 7, 1969, is 
                changed to the Office of Tax and Revenue.
                    ``(C) Office of finance and treasury.--The name of 
                the Office of Treasurer, established by Mayor's Order 
                89-244, dated October 23, 1989, is changed to the 
                Office of Finance and Treasury.
                    ``(D) Office of financial operations and systems.--
                The Office of the Controller, established by Mayor's 
                Order 89-243, dated October 23, 1989, and the Office of 
                Financial Information Services, established by Mayor's 
                Order 89-244, dated October 23, 1989, are consolidated 
                into the Office of Financial Operations and Systems.
            ``(3) Transfers.--Effective with the appointment of the 
        first Chief Financial Officer under subsection (b), the 
        functions and personnel of the following offices are 
        established as subordinate offices within the Office of the 
        Chief Financial Officer:
                    ``(A) The Office of Budget and Planning, headed by 
                the Deputy Chief Financial Officer for the Office of 
                Budget and Planning.
                    ``(B) The Office of Tax and Revenue, headed by the 
                Deputy Chief Financial Officer for the Office of Tax 
                and Revenue.
                    ``(C) The Office of Research and Analysis, headed 
                by the Deputy Chief Financial Officer for the Office of 
                Research and Analysis.
                    ``(D) The Office of Financial Operations and 
                Systems, headed by the Deputy Chief Financial Officer 
                for the Office of Financial Operations and Systems.
                    ``(E) The Office of Finance and Treasury, headed by 
                the District of Columbia Treasurer.
                    ``(F) The Lottery and Charitable Games Control 
                Board, established by 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. Official 
                Code Sec. 3-1301 et seq.).
            ``(4) Supervisor.--The heads of the offices listed in 
        paragraph (3) of this section shall serve at the pleasure of 
        the Chief Financial Officer.
            ``(5) Appointment and removal of office employees.--The 
        Chief Financial Officer shall appoint the heads of the 
        subordinate offices designated in paragraph (3), after 
        consultation with the Mayor and the Council. The Chief 
        Financial Officer may remove the heads of the offices 
        designated in paragraph (3), after consultation with the Mayor 
        and the Council.
            ``(6) Annual budget submission.--The Chief Financial 
        Officer of the District of Columbia shall prepare and annually 
        submit to the Mayor of the District of Columbia, for inclusion 
        in the annual budget of the District of Columbia government for 
        a fiscal year, annual estimates of the expenditures and 
        appropriations necessary for the year for the operation of the 
        Office of the Chief Financial Officer and all other District of 
        Columbia accounting, budget, and financial management personnel 
        (including personnel of executive branch independent agencies) 
        that report to the Office of the Chief Financial Officer 
        pursuant to this Act.
    ``(b) Appointment of the Chief Financial Officer.--
            ``(1) In general.--The Chief Financial Officer shall be 
        appointed by the Mayor with the advice and consent, by 
        resolution, of the Council.
            ``(2) Term.--
                    ``(A) In general.--All appointments made after June 
                30, 2007, shall be for a term of 5 years, except for 
                appointments made for the remainder of unexpired terms. 
                The appointments shall have an anniversary date of July 
                1.
                    ``(B) Temporary.--The term of office of the Chief 
                Financial Officer first appointed pursuant to 
                subsection (a) shall begin upon the date of enactment 
                of the District of Columbia Independence of the Chief 
                Financial Officer Act of 2003. The initial term shall 
                end on June 30, 2007.
                    ``(C) Continuance.--Any Chief Financial Officer may 
                continue to serve beyond his term until a successor 
                takes office.
                    ``(D) Vacancies.--Any vacancy in the Office of 
                Chief Financial Officer shall be filled in the same 
                manner as the original appointment under paragraph (1).
                    ``(E) Pay.--The Chief Financial Officer shall be 
                paid at an annual rate equal to the rate of basic pay 
                payable for level I of the Executive Schedule.
    ``(c) Removal of the Chief Financial Officer.--The Chief Financial 
Officer may only be removed for cause by the Mayor.
    ``(d) Duties of the Chief Financial Officer.--The Chief Financial 
Officer shall have the following duties and shall take such steps as 
are necessary to perform these duties:
            ``(1) Preparing the financial plan and the budget for the 
        use of the Mayor for purposes of subpart B of subchapter VII of 
        chapter 3 of title 47 of the D.C. Code and preparing the 5-year 
        financial plan based upon the adopted budget for submission 
        with the District of Columbia budget by the Mayor to Congress.
            ``(2) Preparing the budgets of the District of Columbia for 
        the year for the use of the Mayor for purposes of sections 441-
        444, 446, 448-452, 455 of the District of Columbia Home Rule 
        Act, approved (87 Stat. 798-803; D.C. Official Code 
        Sec. Sec. 1-204.41 through 1-204.44, 1-204.46, 1-204.48 through 
        1-204.52, 1-204.55), section 445a of the District of Columbia 
        Home Rule Act, approved August 6, 1996 (110 Stat. 1698; D.C. 
        Official Code Sec. 1-204.45a), section 453 of the District of 
        Columbia Home Rule Act, approved April 17, 1991 (105 Stat. 539; 
        D.C. Official Code Sec. 1-204.53), sections 456(a) through 
        456(d) of the District of Columbia Home Rule Act, approved 
        October 19, 1994 (108 Stat. 3488; D.C. Official Code 
        Sec. Sec. 1-204.56a through 1-204.56d), and section 456(e) of 
        the District of Columbia Home Rule Act, approved April 17, 1995 
        (109 Stat. 140; D.C. Official Code Sec. 1-204.56e).
            ``(3) Implementing appropriate procedures and instituting 
        such programs, systems, and personnel policies within the 
        Officer's authority, to ensure that budget, accounting, and 
        personnel control systems and structures are synchronized for 
        budgeting and control purposes on a continuing basis and to 
        ensure that appropriations are not exceeded.
            ``(4) Preparing and submitting to the Mayor and the Council 
        and making public--
                    ``(A) annual estimates of all revenues of the 
                District of Columbia (without regard to the source of 
                such revenues), including proposed revenues, which 
                shall be binding on the Mayor and the Council for 
                purposes of preparing and submitting the budget of the 
                District government for the year under sections 441 
                through 444, 446, 448 through 452, and 455 of the 
                District of Columbia Home Rule Act, approved December 
                24, 1973 (87 Stat. 798-803; D.C. Official Code 
                Sec. Sec. 1-204.41 through 1-204.44, 1-204.46, 1-204.48 
                through 1-204.52, 1-204.55), section 445a of the 
                District of Columbia Home Rule Act, approved August 6, 
                1996 (110 Stat. 1698; D.C. Official Code Sec. 1-
                204.45a), section 453 of the District of Columbia Home 
                Rule Act, approved April 17, 1991 (105 Stat. 539; D.C. 
                Official Code Sec. 1-204.53), sections 456(a) through 
                456(d) of the District of Columbia Home Rule Act, 
                approved October 19, 1994 (108 Stat. 3488; D.C. 
                Official Code Sec. Sec. 1-204.56a through 1-204.56d), 
                and section 456(e) of the District of Columbia Home 
                Rule Act, approved April 17, 1995 (109 Stat. 140; D.C. 
                Official Code Sec. 1-204.56e), except that the Mayor 
                and the Council may prepare the budget based on 
                estimates of revenues which are lower than those 
                prepared by the Chief Financial Officer; and
                    ``(B) quarterly re-estimates of the revenues of the 
                District of Columbia during the year.
            ``(5) Supervising and assuming responsibility for financial 
        transactions to ensure adequate control of revenues and 
        resources.
            ``(6) Maintaining systems of accounting and internal 
        control designed to provide--
                    ``(A) full disclosure of the financial impact of 
                the activities of the District government;
                    ``(B) adequate financial information needed by the 
                District government for management purposes;
                    ``(C) accounting for all funds, property, and other 
                assets of the District of Columbia; and
                    ``(D) reliable accounting results to serve as the 
                basis for preparing and supporting agency budget 
                requests and controlling the execution of the budget.
            ``(7) Submitting to the Council a financial statement of 
        the District government, containing such details and at such 
        times as the Council may specify.
            ``(8) Supervising and assuming responsibility for the 
        assessment of all property subject to assessment and special 
        assessments within the corporate limits of the District of 
        Columbia for taxation, preparing tax maps, and providing such 
        notice of taxes and special assessments (as may be required by 
        law).
            ``(9) Supervising and assuming responsibility for the 
        levying and collection of all taxes, special assessments, 
        licensing fees, and other revenues of the District of Columbia 
        (as may be required by law), and receiving all amounts paid to 
        the District of Columbia from any source (including the 
        District of Columbia Financial Responsibility and Management 
        Assistance Authority).
            ``(10) Maintaining custody of all public funds belonging to 
        or under the control of the District government (or any 
        department or agency of the District government), and 
        depositing all amounts paid in such depositories and under such 
        terms and conditions as may be designated by the Council.
            ``(11) Maintaining custody of all investment and invested 
        funds of the District government or in possession of the 
        District government in a fiduciary capacity, and maintaining 
        the safekeeping of all bonds and notes of the District 
        government and the receipt and delivery of District government 
        bonds and notes for transfer, registration, or exchange.
            ``(12) Apportioning the total of all appropriations and 
        funds made available during the year for obligation so as to 
        prevent obligation or expenditure in a manner which would 
        result in a deficiency or a need for supplemental 
        appropriations during the year, and (with respect to 
        appropriations and funds available for an indefinite period and 
        all authorizations to create obligations by contract in advance 
        of appropriations) apportioning the total of such 
        appropriations, funds, or authorizations in the most effective 
        and economical manner.
            ``(13) Certifying all contracts and leases (whether 
        directly or through delegation) prior to execution as to the 
        availability of funds to meet the obligations expected to be 
        incurred by the District government under such contracts and 
        leases during the year.
            ``(14) Prescribing the forms of receipts, vouchers, bills, 
        and claims to be used by all agencies, offices, and 
        instrumentalities of the District government.
            ``(15) Certifying and approving prior to payment of all 
        bills, invoices, payrolls, and other evidences of claims, 
        demands, or charges against the District government, and 
        determining the regularity, legality, and correctness of such 
        bills, invoices, payrolls, claims, demands, or charges.
            ``(16) In coordination with the Inspector General of the 
        District of Columbia, performing internal audits of accounts 
        and operations and records of the District government, 
        including the examination of any accounts or records of 
        financial transactions, giving due consideration to the 
        effectiveness of accounting systems, internal control, and 
        related administrative practices of the departments and 
        agencies of the District government.
            ``(17) Exercising responsibility for the administration and 
        supervision of the District of Columbia Treasurer (except that 
        the Chief Financial Officer may delegate any portion of such 
        responsibility as the Chief Financial Officer considers 
        appropriate and consistent with efficiency).
            ``(18) Supervising and administering all borrowing programs 
        secured by the full faith and credit of the District government 
        for the issuance of long-term and short-term indebtedness.
            ``(19) Administering the cash management program of the 
        District government, including the investment of surplus funds 
        in governmental and non-governmental interest-bearing 
        securities and accounts.
            ``(20) Administering the centralized District government 
        payroll and retirement systems.
            ``(21) Governing the accounting policies and systems 
        applicable to the District government.
            ``(22) Preparing appropriate annual, quarterly, and monthly 
        financial reports of the accounting and financial operations of 
        the District government.
            ``(23) Not later than 120 days after the end of each fiscal 
        year, preparing the complete financial statement and report on 
        the activities of the District government for such fiscal year, 
        for the use of the Mayor under section 448(a)(4) of the 
        District of Columbia Home Rule Act, approved December 24, 1973 
        (87 Stat. 801; D.C. Official Code Sec. 1-204.48(a)(4)).
            ``(24) Preparing fiscal impact statements on regulations, 
        multiyear contracts, contracts over $1,000,000 and on 
        legislation, as required by section 4a of the General 
        Legislative Procedures Act of 1975.
            ``(25) Preparing under the direction of the Mayor, who has 
        the specific responsibility for formulating budget policy using 
        Chief Financial Officer technical and human resources, the 
        budget for submission by the Mayor to the Council and to the 
        public and upon final adoption to Congress and to public.
            ``(26) Certifying all collective bargaining agreements and 
        nonunion pay proposals prior to submission to the Council for 
        approval as to the availability of funds to meet the 
        obligations expected to be incurred by the District government 
        under such collective bargaining agreements and nonunion pay 
        proposals during the year.
    ``(e) Appointment of Certain Executive Branch Agency Chief 
Financial Officers.--The chief financial officers of all District of 
Columbia executive branch subordinate and independent agencies not 
included in subsection a(3) and associate chief financial officers 
shall be appointed by the Chief Financial Officer, in consultation with 
the agency head, where applicable. The appointment shall be made from a 
list of qualified candidates developed by the Chief Financial Officer.
    ``(f) Functions of Treasurer.--At all times, the Treasurer shall 
have the following duties:
            ``(1) Assisting the Chief Financial Officer in reporting 
        revenues received by the District government, including 
        submitting annual and quarterly reports concerning the cash 
        position of the District government not later than 60 days 
        after the last day of the quarter (or year) involved which 
        shall include--
                    ``(A) comparative reports of revenue and other 
                receipts by source, including tax, nontax, and Federal 
                revenues, grants and reimbursements, capital program 
                loans, and advances. Each source shall be broken down 
                into specific components;
                    ``(B) statements of the cash flow of the District 
                government for the preceding quarter or year, including 
                receipts, disbursements, net changes in cash inclusive 
                of the beginning balance, cash and investment, and the 
                ending balance, inclusive of cash and investment. Such 
                statements shall reflect the actual, planned, better or 
                worse dollar amounts and the percentage change with 
                respect to the current quarter, year-to-date, and 
                fiscal year;
                    ``(C) quarterly cash flow forecast for the quarter 
                or year involved, reflecting receipts, disbursements, 
                net change in cash inclusive of the beginning balance, 
                cash and investment, and the ending balance, inclusive 
                of cash and investment with respect to the actual 
                dollar amounts for the quarter or year, and projected 
                dollar amounts for each of the 3 succeeding quarters;
                    ``(D) monthly reports reflecting a detailed summary 
                analysis of all District of Columbia government 
                investments, including--
                            ``(i) the total of long-term and short-term 
                        investments;
                            ``(ii) a detailed summary analysis of 
                        investments by type and amount, including 
                        purchases, sales (maturities), and interest;
                            ``(iii) an analysis of investment portfolio 
                        mix by type and amount, including liquidity, 
                        quality/risk of each security, and similar 
                        information;
                            ``(iv) an analysis of investment strategy, 
                        including near-term strategic plans and 
                        projects of investment activity, as well as 
                        forecasts of future investment strategies based 
                        on anticipated market conditions, and similar 
                        information; and
                            ``(v) an analysis of cash utilization, 
                        including--
                                    ``(I) comparisons of budgeted 
                                percentages of total cash to be 
                                invested with actual percentages of 
                                cash invested and the dollar amounts;
                                    ``(II) comparisons of the next 
                                return on invested cash expressed in 
                                percentages (yield) with comparable 
                                market indicators and established 
                                District of Columbia government yield 
                                objectives; and
                                    ``(III) comparisons of estimated 
                                dollar return against actual dollar 
                                yield; and
                    ``(E) monthly reports reflecting a detailed summary 
                analysis of long-term and short-term borrowings 
                inclusive of debt as authorized by Sec. 1-206.03, in 
                the current fiscal year and the amount of debt for each 
                succeeding fiscal year not to exceed 5 years; all such 
                reports shall reflect--
                            ``(i) the amount of debt outstanding by 
                        type of instrument;
                            ``(ii) the amount of authorized and 
                        unissued debt, including availability of short-
                        term lines of credit, United States Treasury 
                        borrowings, and similar information;
                            ``(iii) a maturity schedule of the debt;
                            ``(iv) the rate of interest payable upon 
                        the debt; and
                            ``(v) the amount of debt service 
                        requirements and related debt service reserves.
            ``(2) Such other functions assigned to the Chief Financial 
        Officer under subsection (d) as the Chief Financial Officer may 
        delegate.
    ``(g) Transition Provisions.--
            ``(1) CFO.--Any Chief Financial Officer appointed by the 
        Mayor prior to the date of enactment of the District of 
        Columbia Independence of the Chief Financial Officer Act of 
        2003 may continue to serve in that capacity without 
        reappointment until a new appointment under subsection (a) 
        becomes effective.
            ``(2) Executive branch cfo.--Any executive branch agency 
        chief financial officer appointed prior to the date of 
        enactment of the District of Columbia Independence of the Chief 
        Financial Officer Act of 2003 may continue to serve in that 
        capacity without reappointment.''.

SEC. 203. CLARIFICATION OF DUTIES OF CHIEF FINANCIAL OFFICER AND MAYOR.

    (a) Relation to Financial Duties of Mayor.--Section 448(a) of such 
Act (section 1-204.48(a), D.C. Official Code) is amended by striking 
``section 603,'' and inserting ``section 603 and except to the extent 
provided under section 424(d),''.
    (b) Relation to Mayor's Duties Regarding Accounting Supervision and 
Control.--Section 449 of such Act (section 1-204.49, D.C. Official 
Code) is amended by striking ``The Mayor'' and inserting ``Except to 
the extent provided under section 424(d), the Mayor''.

SEC. 204. RULE REGARDING PERSONNEL AUTHORITY.

    (a) In General.--The Home Rule Act is amended by adding by adding 
after section 424g the following:

   ``authority over personnel of office and other financial personnel

    ``Sec. 424h. (a) In General.--Notwithstanding any provision of law 
or regulation, employees of the Office of the Chief Financial Officer, 
including personnel described in subsection (b), shall be appointed by, 
shall serve at the pleasure of, and shall act under the direction and 
control of the Chief Financial Officer of the District of Columbia, and 
shall be considered at-will employees, except that the Chief Financial 
Officer shall comply with any collective bargaining agreement entered 
into by the Office of the Chief Financial Officer.
    ``(b) Personnel.--The personnel described in this subsection are as 
follows:
            ``(1) The Office of the General Counsel within the Office 
        of the Chief Financial Officer of the District of Columbia, 
        such office shall include the General Counsel to the Chief 
        Financial Officer and individuals hired or retained as 
        attorneys by the Chief Financial Officer or any office under 
        the personnel authority of the Office of the Chief Financial 
        Officer, all such attorneys shall act under the direction and 
        control of the General Counsel to the Chief Financial Officer.
            ``(2) Personnel of the Office not described in paragraph 
        (1).
            ``(3) The heads and all personnel of the offices described 
        in subsection (c) and the Chief Financial Officers of all 
        District of Columbia executive branch subordinate and 
        independent agencies, Associate chief financial officers, 
        together with all other District of Columbia accounting, 
        budget, and financial management personnel (including personnel 
        of executive branch independent agencies).
    ``(c) Offices Described.--The offices referred to in this 
subsection are as follows:
            ``(1) The Office of Finance and Treasury (or any successor 
        office).
            ``(2) The Office of Financial Operations and Systems (or 
        any successor office).
            ``(3) The Office of the Budget and Planning (or any 
        successor office).
            ``(4) The Office of Tax and Revenue (or any successor 
        office).
            ``(5) The District of Columbia Lottery and Charitable Games 
        Control Board.
    ``(d) Independent Authority Over Legal Personnel.--Sections 851 
through 862 of the District of Columbia Government Comprehensive Merit 
Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-260; D.C. 
Official Code Sec. 1-608.51-1-608.62) shall not apply to attorneys 
employed by the Office of the Chief Financial Officer.''
    (b) Conforming Amendment.--Section 862 of the District of Columbia 
Government Comprehensive Merit Personnel Act of 1978 (D.C. Law 2-260; 
D.C. Official Code Sec. 1-608.62) is amended by striking paragraph (2).

SEC. 205. PROCUREMENT AUTHORITY.

    (a) Maintenance of a Procurement Office Independent of the Mayor's 
Procurement Office.--Section 104(c) of the District of Columbia 
Procurement Practices Act of 1986, effective February 21, 1986 (D.C. 
Law 6-85; D.C. Official Code Sec. 2-301.04), is amended by striking 
beginning with ``During a control year, as defined by Sec. 47-393(4),'' 
through ``Chief Financial Officer shall be bound by the provisions 
contained in this Act.''.
    (b) Home Rule Act.--The Home Rule Act is amended by adding after 
section 424h the following:

         ``procurement authority of the chief financial officer

    ``Sec. 424i. The Office of the Chief Financial Officer's 
procurement practices shall be governed by the provisions of chapter 3 
of title 2 of the D.C. Official Code, except that the Office of the 
Chief Financial Officer shall maintain a procurement office or division 
that shall operate independent of, and shall not be governed by, the 
Office of Contracting and Procurement, established by section 2-301.05, 
or its successor office.''.
    (c) Effective Date.--This section and the amendments made by this 
section shall take effect 6 months after the date of enactment of this 
Act.

SEC. 206. FISCAL IMPACT STATEMENTS.

    The General Legislative Procedures Act of 1975, effective September 
23, 1975 (D.C. Law 1-17; D.C. Official Sec. Sec. Code 1-301.45 through 
1-301.47), is amended by adding after section 4 the following:

                       ``fiscal impact statements

    ``Sec. 4a. (a) Bills and Resolutions.--
            ``(1) In general.--Notwithstanding any other law, except as 
        provided in subsection (c), all permanent bills and resolutions 
        shall be accompanied by a fiscal impact statement before final 
        adoption by the Council.
            ``(2) Contents.--The fiscal impact statement shall include 
        the estimate of the costs which will be incurred by the 
        District as a result of the enactment of the measure in the 
        current and each of the first four fiscal years for which the 
        act or resolution is in effect, together with a statement of 
        the basis for such estimate.
    ``(b) Appropriations.--Permanent and emergency acts which are 
accompanied by fiscal impact statements which reflect unbudgeted costs, 
shall be subject to appropriations prior to becoming effective.
    ``(c) Applicability.--Subsection (a) shall not apply to emergency 
declaration, ceremonial, confirmation, and sense of the Council 
resolutions.''.

            Passed the Senate December 9, 2003.

            Attest:

                                                             Secretary.
108th CONGRESS

  1st Session

                                S. 1267

_______________________________________________________________________

                                 AN ACT

To amend the District of Columbia Home Rule Act to provide the District 
  of Columbia with autonomy over its budgets, and for other purposes.