[Congressional Record (Bound Edition), Volume 149 (2003), Part 23]
[Senate]
[Pages 32386-32390]
[From the U.S. Government Publishing Office, www.gpo.gov]




            DISTRICT OF COLUMBIA BUDGET AUTONOMY ACT OF 2003

  Mr. FRIST. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 418, S. 1267.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 1267) to amend the District of Columbia Home 
     Rule Act to provide the District of Columbia with autonomy 
     over its budgets, and for other purposes.


[[Page 32387]]


  There being no objection, the Senate proceeded to consider the bill, 
which had been reported from the Committee on Governmental Affairs with 
an amendment, as follows:

                                S. 1267

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

     SECTION 1. SHORT TITLE.

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

     SEC. 2. 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. 3. 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. 4. 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. 5. 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. 6. 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.

[[Page 32388]]



     SEC. 7. 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.

[[Page 32389]]

       ``(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,

[[Page 32390]]

     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.''.

  Mr. FRIST. Mr. President, I ask unanimous consent that the committee 
amendment be agreed to.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee amendment was agreed to.
  Mr. FRIST. Mr. President, I understand that Senator Levin has an 
amendment at the desk. I ask that the amendment be considered and 
agreed to, the motion to reconsider be laid upon the table; that the 
bill, as amended, be read three times, passed, the motion to reconsider 
be laid upon the table without any intervening action or debate, and 
that any statements relating to the bill be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 2230) was agreed to as follows:


                           amendment no. 2230

   (Purpose: To provide for metered cabs in the District of Columbia)

       At the appropriate place, insert the following: (p. 10, 
     after l. 2)

     SEC. __. 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).

  The bill (S. 1267), as amended, was read the third time and passed.

                          ____________________