[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1267 Referred in House (RFH)]
2d Session
S. 1267
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 20, 2004
Referred to the Committee on Government Reform, and in addition to the
Committees on Rules and Appropriations, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
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:
EMILY J. REYNOLDS,
Secretary.