[Senate Report 108-212]
[From the U.S. Government Publishing Office]
108th Congress Report
SENATE
1st Session 108-212
_______________________________________________________________________
Calendar No. 418
DISTRICT OF COLUMBIA BUDGET AUTONOMY ACT OF 2003
__________
R E P O R T
of the
COMMITTEE ON GOVERNMENTAL AFFAIRS UNITED STATES SENATE
to accompany
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
November 25, 2003.--Ordered to be printed
COMMITTEE ON GOVERNMENTAL AFFAIRS
SUSAN M. COLLINS, Maine, Chairman
TED STEVENS, Alaska JOSEPH I. LIEBERMAN, Connecticut
GEORGE V. VOINOVICH, Ohio CARL LEVIN, Michigan
NORM COLEMAN, Minnesota DANIEL K. AKAKA, Hawaii
ARLEN SPECTER, Pennsylvania RICHARD J. DURBIN, Illinois
ROBERT F. BENNETT, Utah THOMAS R. CARPER, Delaware
PETER G. FITZGERALD, Illinois MARK DAYTON, Minnesota
JOHN E. SUNUNU, New Hampshire FRANK LAUTENBERG, New Jersey
RICHARD C. SHELBY, Alabama MARK PRYOR, Arkansas
Michael D. Bopp, Staff Director and Chief Counsel
Johanna L. Hardy, Senior Counsel
Theresa Prych, Professional Staff Member, Oversight of Government
Management,
the Federal Workforce and the District of Columbia Subcommittee
Joyce A. Rechtschaffen, Minority Staff Director and Counsel
Patrick J. Hart, Minority Professional Staff Member
Marianne Clifford Upton, Minority StaffDirector and Chief Counsel,
Oversight of
Government Management, the Federal Workforce and the District of
Columbia Subcommittee
Amy B. Newhouse, Chief Clerk
Calendar No. 418
108th Congress Report
SENATE
1st Session 108-212
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DISTRICT OF COLUMBIA BUDGET AUTONOMY ACT OF 2003
_______
November 25, 2003.--Ordered to be printed
_______
Ms. Collins, from the Committee on Governmental Affairs, submitted the
following
R E P O R T
[To accompany S. 1267]
The Committee on Governmental Affairs, to whom was referred
the 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, having considered the same
reports favorably thereon with an amendment and recommends that
the bill do pass.
CONTENTS
Page
I. Purpose and Summary..............................................1
II. Background.......................................................2
III. Legislative History..............................................7
IV. Section-by-Section Analysis......................................7
V. Estimated Cost of Legislation...................................10
VI. Evaluation of Regulatory Impact.................................11
VII. Changes in Existing Law.........................................11
I. Purpose and Summary
The purpose of S. 1267, the District of Columbia Budget
Autonomy Act of 2003, is to amend the District of Columbia Home
Rule Act to provide the District of Columbia with autonomy over
its budgets, and for other purposes.
II. Background
EARLY HISTORY OF LOCAL GOVERNANCE IN THE DISTRICT OF COLUMBIA
Under article I, section 8, clause 17 of the U.S.
Constitution, Congress has responsibility over the seat of the
federal government. Since the inception of the Nation and the
creation of the seat of the federal government, Congress has
delegated authority to various entities it created to govern
the District of Columbia. The delegation of authority to a
local governing body has been the subject of debate and
discussion since the creation of the District. In writing about
the citizens of the District of Columbia, James Madison
highlighted in the Federalist Papers, ``* * * a municipal
legislature for local purposes, derived from their own
suffrages, will of course be allowed to them * * *'' \1\
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\1\ Federalist Paper No. 43.
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Indeed, during much of the 1800s, the governance structure
in the District was altered various times, beginning in 1801
with a Presidentially-appointed mayor and elected city council
to the creation of a presidentially-appointed governor and 11-
member Council, and an elected 22-member House of Delegates in
1871.
Following problems of financial mismanagement, in 1874,
without debate, Congress abolished the then-existing local
governance structure and replaced it with a three-member Board
of Commissioners. This began a 94-year period in which the
District had no elected representatives in the local
government.\2\ In 1967, under the District of Columbia
Reorganization Plan No. 3, Congress replaced the three
commissioners with a Mayor and a nine-member council, all of
whom were presidentially-appointed.\3\
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\2\ Report to the Attorney General on the Question of Statehood for
the District of Columbia, Office of Legal Policy, U.S. Department of
Justice, April 3, 1987, p. 10.
\3\ 81 Stat. 948, as amended Pub. L. 90-623, Sec. 7(b), Oct. 22,
1968, 82 Stat. 1315.
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The current local governance structure was created when
home rule was granted to the District in 1973 with the passage
of the District of Columbia Self-Government and Governmental
Reorganization Act (commonly referred to as the Home Rule
Act).\4\ The purpose of the Home Rule Act was to ``grant to the
inhabitants of the District of Columbia powers of local self-
government; modernize, reorganize, and otherwise improve the
governmental structure of the District of Columbia; and, to the
greatest extent possible, consistent with the constitutional
mandate, relieve Congress of the burden of legislating upon
essentially local District matters.'' \5\ The Home Rule Act,
among other things, provided for an elected Mayor and an
elected city council. The Home Rule Act delegated authority to
the Council to ``create, abolish, or organize any office,
agency, department, or instrumentality of the government of the
District and to define the powers, duties, and responsibilities
of any such office, agency, department, or instrumentality''
and it granted the Mayor authority to execute the laws of the
District.\6\
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\4\ Public Law No. 93-198 (1973).
\5\ D.C. Code section 1-201.02(a) (2003).
\6\ D.C. Code section 1-204.04 (2003), Section 404 of the District
of Columbia Home Rule Act; D.C. Code section 1-204.22 (2003), Section
422 of the District of Columbia Home Rule Act.
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But while Congress granted the District home rule, it still
retained its ultimate legislative authority over the
District,\7\ retained exclusive authority over certain District
functions,\8\ and set limitations on the local government's
exercise of its authority.\9\ Among the authorities Congress
retained was the power to enact the budget for the District of
Columbia.\10\
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\7\ See D.C. Code section 1-201.02(a) (2003).
\8\ See for example, D.C. Code section 1-204.31 (2003) (relating to
Judicial powers) and D.C. Code section 1-206.02 (2003) (relating to
limitations on the Council).
\9\ See D.C. Code section 1-206.02(c) (2003) (relating to the
congressional review period prior to local legislation going into
effect).
\10\ The Senate version of the Home Rule Act did provide for a
local budget approval process; however, the final version of the Act
did not contain those provisions. There is no clear legislative history
that explains why the local budget process provisions were not included
in the final bill.
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FINANCIAL CRISIS AND THE CONTROL PERIOD
In 1995, the District was insolvent.\11\ Congress reacted
by enacting the District of Columbia Financial Responsibility
and Management Assistance Act of 1995.\12\ That Act created a
five member financial control authority (Control Board),
appointed by the President. The Act also strengthened the
responsibilities of the D.C. Inspector General, created a five-
year financial plan for the District, and created the position
of Chief Financial Officer of the District of Columbia.
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\11\ House Report No. 104-96, p. 5.
\12\ Public Law No. 104-8.
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When the 1995 Act was passed, the city was spending at a
rate that would exceed its fiscal year 1995 expenditure limits
by $600 million.\13\ The unpaid debts, which were accumulating,
threatened city services provided by contractors.\14\ Congress
considered various solutions \15\ and examined financial
control boards that had been created by State legislatures to
assist in the financial recovery of large cities, including
Cleveland, New York City, and Philadelphia.\16\
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\13\ House Report No. 104-96, p. 5.
\14\ Ibid.
\15\ Ibid at 17-18.
\16\ Ibid at 19-33.
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In 1997, Congress passed the National Capital
Revitalization and Self-Government Improvement Act, which
expanded the oversight responsibilities of the Control
Board.\17\ The Control Board assumed administrative
responsibility over nine major District agencies, including
Administrative Services, Consumer and Regulatory Affairs,
Corrections, Employment Services, Fire and Emergency Medical
Services, Housing and Community Development, Human Services,
Public Works, and Public Health.
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\17\ Title XI of the Balanced Budget Act of 1997, Public Law No.
105-33.
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FINANCIAL RECOVERY
Following the measures taken by Congress, the District's
management of its finances improved. Because of progress the
District had made in its financial recovery, in 1999, the
District of Columbia Management Restoration Act was passed.
This Act restored the Mayor's authority over the city's nine
largest departments.\18\ Then, in 2001, after four consecutive
balanced budgets, the Control Board disbanded. Since that time,
the District has continued to post balanced budgets. The
District has improved its finances by moving from deficits to
surpluses. At the same time, the District has moved from a BBB
bond rating to a rating of A-.
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\18\ Public Law No. 106-1.
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To ensure continued fiscal responsibility, the District of
Columbia Financial Responsibility and Management Assistance Act
of 1995 provides for the reinstatement of the Control Board
should the District encounter future financial problems. The
creation of a strong, independent CFO through that Act has also
assisted in ensuring appropriate financial management.
THE NEED FOR LEGISLATION
The District of Columbia Budget Autonomy Act would assist
the District in improving its management of its finances,
agencies, and services. S. 1267 would provide the District with
autonomy over the local portion of the city's budget. Providing
the District of Columbia with more autonomy over its local
budget would help the Mayor and the Council of the District of
Columbia better manage and run the city. Currently, the
District of Columbia must submit its budget through the normal
Federal appropriations process. Unfortunately, this process
often extends past the start of the fiscal year. For example,
the average delay for enactment of an appropriations bill for
the District of Columbia has been three months past the start
of the fiscal year. At times, the delay has been longer.
For a local community these delays affect programs,
planning and management initiatives important to the everyday
lives of the residents of the city. Last year's delay affected
planned improvements in foster care, public schools and
improved compensation for police and firefighters. In addition,
the delays, due to the uncertainty of the federal
appropriations process, are taken into account by bond rating
agencies.\19\
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\19\ Testimony of Natwar M. Gandhi, Chief Financial Officer,
Government of the District of Columbia, Before the Subcommittee on
Public Interest, Council of the District of Columbia, September 22,
2003, p. 2.
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Further, budget autonomy would allow the District to
respond quickly to changing program and financial needs.\20\
Unlike other budgets that are approved by Congress, the
District budget directly effects the day-to-day lives of the
residents of the city--everything from trash collection to
social services to law enforcement--creating a unique problem
for the District that no other city in the Nation has to face.
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\20\ Ibid at 4.
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In addition, while Congress approves the local budget,
Congress has very rarely changed items contained in the local
portion of the budget. Notwithstanding, S. 1267 would allow a
30 calendar day review by Congress, and Congress would retain
its authority to act should it object to any portion of the
local budget. Federal funding for the District would continue
to go through the normal federal appropriations process.
In February 2003, President Bush endorsed budget autonomy
for the District in the FY2004 President's budget proposal. In
the budget proposal, the President notes that the budget
autonomy proposal ``reflects the dramatic improvement in the
District's ability to manage its budget processes in the post-
Control Board era.'' \21\
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\21\ Fiscal Year 2004 Budget of the U.S. Government, p. 298.
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THE CHIEF FINANCIAL OFFICER OF THE DISTRICT OF COLUMBIA
During the Committee Business Meeting at which S. 1267 was
considered, Chairman Susan Collins and Senator Ted Stevens
offered, and the Committee adopted, the District of Columbia
Independence of the Chief Financial Officer Act of 2003 as an
amendment to S. 1267. Since its creation in 1995, the
District's CFO has operated under authority provided to it in
the District of Columbia Financial Responsibility and
Management Assistance Act as well as authority delegated to it
by the Control Board. In 2000, after the Control Board was
phased out, section 155 of the District of Columbia
Appropriations Act for FY2001 made permanent the
responsibilities of the CFO.\22\ However, section 155 did not
include all the authorities the Control Board had vested in the
CFO, and some of the omitted authorities were necessary to
carry out the office's responsibilities to maintain financial
management of the city.
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\22\ Public Law No. 107-20.
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In June of 2001, then-Chairman of the Appropriations
Subcommittee on District of Columbia, Senator Mary Landrieu,
proposed to include an extension of the CFO's personnel and
procurement authorities in a supplemental appropriations bill.
Because of concerns raised at that time about those
authorities, the Senate-passed FY 2001 Supplemental
Appropriations bill instead requested a report from the Mayor
on the transition of the CFO's responsibilities under the Act
to a non-control year.\23\ In July of that year, the D.C.
Council passed and the Mayor signed the Independence of the
Chief Financial Officer Act of 2001.\24\ This bill created a
permanent CFO in local law and allowed for independent
procurement and personnel authority for a two year period
before reverting to the laws that govern other D.C. agencies.
However, because the law creating the CFO is contained in a
section of the Home Rule Act, unamendable by the Council, the
local law can not take effect until Congress acts.
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\23\ A ``non-control year'' is a year in which the Control Board is
not in operation.
\24\ D.C. Bill No. 14-254, D.C. Act 14-89 (2001).
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In the Fiscal Year 2002 District of Columbia Appropriations
Act, Congress extended the CFO's independent personnel and
procurement authorities until July 1, 2002. In April of 2002,
Senator Landrieu introduced S. 2316, the District of Columbia
Fiscal Integrity Act which would have provided D.C. with budget
autonomy and strengthened the CFO. On April 8, 2002, a D.C.
Superior Court decision, District of Columbia Government et al.
v. District of Columbia Public Employee Relations Board, held
that the CFO's authorities, as derived from the Control Board
did not exempt the CFO from collective bargaining agreements.
The decision also found that the CFO must rescind all personnel
actions taken with respect to CFO employees made from April
1996 to the present, at a cost of upwards of $10 million.
In response, Congress, in the FY 2003 Emergency Wartime
Supplemental Appropriations Act,\25\ extended the personnel and
procurement authorities of the CFO through September 30, 2004.
The intention of the extension was not only to make it clear
that the CFO's authority was maintained, but provide the
authorizing committees time to act on permanent legislation.
The effect of the extension of authority delayed the
enforcement of the Court decision.
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\25\ Public Law No. 108-11.
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LOCAL RESPONSE TO PROPOSED CFO LANGUAGE
While the District has advocated for and supports
strengthening the CFO, as evidenced by its passage of the local
CFO law, District officials did express some concern regarding
the section that would keep the CFO in the District charter,
and, therefore, beyond the reach of the D.C. Council to enact
changes without affirmative congressional action. The Committee
understands that, generally, in keeping with the spirit of home
rule principles, Congress ought to regularly examine the
language in the charter. The District has asserted that
Congress originally placed the CFO in the charter only as an
emergency matter and argues that now that the District has
posted seven years of balanced budgets with surpluses,
maintains a cash reserve of $285 million (which equals seven
percent of the District's FY04 annual budget), and enjoys a
bond rating of A-, the emergency CFO provisions are no longer
necessary. District officials also point out that the other
District official recognized by the Control Board Act, the D.C.
Inspector General, is not in the charter, but in District law,
amendable by the D.C. Council. The District also asserts that
retaining the CFO in the charter may unnecessarily insulate the
CFO from accountability to District officials.
District officials have suggested that, instead of
retaining the CFO in the charter, federal law could provide for
special notice to Congress of any proposed changes to the law
affecting the CFO, above and beyond existing notification
requirements for other local bills. The Committee believes
that, while this is an option worth examining at some point,
the suggested approach may produce unwanted consequences. The
Committee believes that such special notification could
unintentionally encourage the use of resolutions of
disapproval,\26\ a practice that has been a rare occurrence.
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\26\ A resolution of disapproval is part of the process by which
Congress would formally disapprove of an action taken by the Council.
When local authorization bills are passed by the Council and signed by
the Mayor, they are sent to Congress for a review period. If Congress
does not act by the end of the review period, the bill becomes law. If
Congress wanted to disapprove of local legislation, it would pass a
resolution of disapproval. This action has been rarely taken.
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However, the Committee believes that at a time when
Congress may take a major step towards localizing the D.C.
budget process, which would strengthen home rule for the
District, it is important to maintain the status quo and retain
the CFO in the District's charter. However, the Committee's
action should not be construed as discouraging the
reconsideration of this issue at some point in the future.
The Committee recognizes the significance of the District's
passage of its own CFO bill, which, if approved by Congress,
would have moved the office of the CFO into District law.
Indeed, the overwhelming majority of the CFO language contained
in S.1267 is identical to the locally passed language. For
example, the Committee has adopted an important addition from
the District's CFO bill by including a five-year term for the
CFO. The CFO would continue to be appointed by the Mayor and
confirmed by the D.C. Council. Further, while the language
approved by the Committee has differing procurement and
personnel language, it is the Committee's understanding that
District officials support the Committee's approach taken in
these areas; namely, holding the CFO to existing District
procurement rules (although the CFO will have its own
procurement office), and preserving collective bargaining
rights of CFO employees.
Another area of difference between the CFO language adopted
by the Committee and the locally-passed version relates to the
Lottery and Charitable Games Control Board (the Lottery Board).
The Committee's CFO language retains the status quo by keeping
the Lottery Board within the CFO's office. While the locally-
passed version initially does the same, it would have
eventually moved the Lottery Board out of the CFO's office.
Notwithstanding the fact that the Committee's language would
keep the Lottery Board in the CFO's office, the Committee does
not intend to change the status quo and believes that the
District and the D.C. Council will retain their authority to
enact local legislation affecting the mission and functions of
the Lottery Board consistent with the underlying law
establishing the Lottery Board (Title 3, Chapter 13 of the D.C.
Code). This interpretation is consistent with the CFO's current
personnel, procurement and related operational authority over
the Lottery Board.
As mentioned previously, the Committee would recommend
that, at least every two years, the authorizing committees
review the CFO provisions. It is the understanding of the
Committee that District officials desire the opportunity to
present testimony regarding their experience after the CFO law
is enacted and after they have some time to evaluate the impact
of the legislation.
III. Legislative History
S. 1267 was introduced on June 16, 2003 by Senators
Collins, Lieberman, Stevens, Voinovich, Durbin, DeWine and
Landrieu and referred to the Committee on Governmental Affairs.
On June 20, 2003 the bill was referred to the Subcommittee on
Government Management, the Workforce, and the District of
Columbia. The bill was polled out of subcommittee on October
15, 2003. On October 22, 2003, the Committee considered S.
1267. An amendment was offered by Senators Collins and Stevens.
The amendment was agreed to and, by voice vote, the Committee
ordered the bill, as amended, reported.
IV. Section-by-Section Analysis
Section 1 entitles the bill as the District of Columbia
Budget Autonomy Act of 2003.
Section 2(a) re-writes section 446 of the Home Rule Act
(the section that describes how the District's budget gets
enacted), to draw a distinction between budgets submitted
during a control year and those submitted in a non-control
year.
Section 2(b) updates section 602(c) of the Home Rule Act
(the section that describes the congressional review process
for local legislation) to read that, for budget related matters
that fall under section 446, the 30-calendar-day period of
congressional review applies. If the 30-day review period ends
during a recess, Congress will have five additional days
following recess to act. This section also applies the existing
expedited review procedures in the Home Rule Act to resolutions
of disapproval introduced in Congress to disapprove of the
budget. This 30-calendar-day congressional review period for
the budget only applies during non-control years.
Section 2(c) makes technical corrections to the Home Rule
Act, the Financial Responsibility and Management Assistance Act
and the National Capital Revitalization and Self-Government
Improvement Act to reflect the changes made to section 446 of
the Home Rule Act.
Section 3(a) updates section 404(f) of the Home Rule Act
(the section that explains how the Council can override mayoral
vetoes, and for other purposes), to reflect that budgets will
no longer be submitted by the President to the Congress (except
during control years).
Section 3(b) makes technical changes to section 404(f) of
the Home Rule Act to reflect the changes made in the previous
subsection.
Section 4 updates section 447 of the Home Rule Act (the
section that iterates that no employee can be hired without
appropriate funding approved in the budget) to reflect that
budgets will no longer be approved by Congress.
Section 5(a) updates section 603(a) of the Home Rule Act
(stating that nothing in Home Rule changes the DC-federal
relationship) to clarify that this legislation does change the
local-federal relationship as it pertains to federal approval
of the local budget.
Section 5(b) re-writes section 603(d) (essentially
combining existing 603(d) and 603(f)) of the Home Rule Act to
make it clear that, during a control year, the Council may not
approve, and the Mayor may not submit, a budget that is
inconsistent with the financial plan and budget established by
the Control Board.
Section 5(c) inserts the definition of ``control year''
into the Home Rule Act.
Section 6(a) continues the application of any general
provisions (e.g. social riders) contained in the federal
appropriations bill in effect at the time of passage on this
Act until the subsequent appropriations bill is enacted.
Section 6(b) authorizes the imposition of restrictions on
the use of local funds through the federal appropriations
process, notwithstanding local passage of the local portion of
the budget.
Section 7 states that this legislation will take effect
October 1, 2004, meaning that the FY05 budget would not require
congressional approval.
Section 201 entitles Title II as the District of Columbia
Independence of the Chief Financial Officer Act of 2003.
Section 202 amends section 424 of the Home Rule Act to
replace the existing section with a new section as follows:
(a)(1) Establishment.--Establishes within the executive
branch of the D.C. government, an Office of the Chief Financial
Officer headed by the CFO.
(2) Changes the names of the following offices: Office of
Budget and Management to the Office of Budget and Planning; The
Department of Finance and Revenue to the Office of Tax and
Revenue; the Office of Treasurer to the Office of Finance and
Treasury; and consolidates the Office of the Controller and the
Office of Information Services into the Office of Financial
Operations and Systems.
(3) Transfers to the CFO the functions and personnel of the
Office of Budget and Planning, the Office of Tax and Revenue,
the Office of Research and Analysis, the Office of Financial
Operations and Systems, the Office of Finance and Treasury, and
the Lottery and Charitable Games Control Board.
(4) Indicates that the heads of these offices shall serve
at the pleasure of the CFO.
(5) Indicates that the CFO shall appoint and may remove the
heads of these offices after consultation with the Mayor and
Council.
(6) Requires that the CFO prepare and annually submit to
the Mayor annual estimates of expenditures and appropriations
necessary for the operation of the Office of the CFO and all
other D.C. accounting, budget, and financial management
personnel, including personnel of executive branch independent
agencies that report to the CFO.
(b) Appointment of the Chief Financial Officer.--
(1) The CFO will be appointed by the Mayor with the
advice and consent of the Council.
(2) The first CFO appointed under the Act shall begin
upon the effective date of the Act and the initial term
shall end on June 30, 2007. All appointments after that
date will be for a 5-year term, except for appointments
made for unexpired terms. Any CFO may continue to serve
beyond his term until a successor takes office.
Vacancies will be filled in the same manner as the
original appointment. Sets CFO pay at Level I of the
Executive Schedule.
(c) Removal of the CFO.--The CFO may only be removed for
cause by the Mayor.
(d) Duties of the CFO.--Sets out the duties of the CFO
including preparing the financial plan and budget for use by
the Mayor; preparing the budgets of the District of Columbia
for use by the Mayor; implementing procedures and programs,
systems, and personnel policies within the CFO's authority;
preparing annual estimates and quarterly re-estimates;
supervising financial transactions; maintaining systems of
accounting and internal control; submitting to the Council a
financial statement; supervising the assessment of all property
subject to assessments; supervising the levying and collections
of taxes, special assessments, licensing fees and other
revenues; maintaining custody of all public funds; maintaining
custody of investment and invested funds; apportioning total of
all appropriations and funds made available during the year;
certifying all contracts and leases; prescribing the forms of
receipts, vouchers and bills to be used by agencies; certifying
and approving prior to payment all bills, invoices, payrolls,
and other evidences of claims; coordinating with the Inspector
General to perform internal audits of accounts and operations;
exercising responsibility for the administration and
supervision of the D.C. Treasurer; supervising and
administering all borrowing programs secured by D.C.;
administering the cash management program; administering the
centralized payroll and retirement systems; governing the
accounting policies and systems; preparing annual, quarterly,
and monthly financial reports; preparing the complete financial
statement and report on the activities of the government;
preparing financial impact statement on regulations, multiyear
contracts, and contracts over $1M; preparing under the Mayor's
directions, the budget for submission by the Mayor to the
Council; certifying all collective bargaining agreements and
nonunion pay proposals.
(e) Appointment of Certain Executive Branch Agency CFOs.--
All CFOs of all D.C. executive branch subordinate and
independent agencies and associate CFOs shall be appointed by
the CFO, in consultation with the agency head.
(f) Functions of the Treasurer.--Restates functions of
Treasurer as outlined in current law.
(g) Transition Provisions.--
(1) Any CFO appointed by the Mayor prior to the
enactment of the Act may continue to serve until a new
CFO is appointed.
(2) Any agency CFO appointed prior to the Act may
continue to serve without reappointment.
Section 203 clarifies the CFO duties as they relate to the
Mayor's responsibilities.
Section 204 amends the Home Rule Act to provide for a new
section covering the CFO personnel authority. The new section
indicates that, except as contained in any collective
bargaining agreement entered into by the CFO, employees of the
CFO shall serve at the pleasure of the CFO and are at-will
employees. This section also provides the CFO with independent
authority over legal personnel.
Section 205 amends the Home Rule Act to create a new
section related to the CFO's procurement authority. This
section also requires the CFO to follow local procurement laws,
but authorized the CFO to maintain a separate procurement
office.
Section 206 requires all permanent bills and resolutions of
the Council be accompanied by fiscal impact statements.
V. Estimated Cost of Legislation
U.S. Congress,
Congressional Budget Office,
Washington, DC, October 29, 2003.
Hon. Susan M. Collins,
Chairman, Committee on Governmental Affairs,
U.S. Senate, Washington, DC.
Dear Madam Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 1267, the District
of Columbia Budget Autonomy Act of 2003.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Matthew
Pickford.
Sincerely,
Douglas Holtz-Eakin,
Director.
Enclosure.
S. 1267--District of Columbia Budget Autonomy Act of 2003
S. 1267 would allow the District of Columbia to enact the
portion of its annual budget that is locally funded. Under
current law, the District of Columbia cannot spend any local or
federal funds until its annual appropriation from the federal
government has been enacted. CBO estimates that enacting S.
1267 would have no impact on the federal budget.
S. 1267 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on the District of Columbia.
The CBO staff contact is Matthew Pickford. This estimate
was approved by Peter H. Fontaine, Deputy Assistant Director
for Budget Analysis.
VI. Evaluation of Regulatory Impact
Pursuant to the requirements of paragraph 11(b) of rule
XXVI of the Standing Rules of the Senate, the Committee has
considered the regulatory impact of this bill. The
Congressional Budget Office states that there are no
intergovernmental or private-sector mandates as defined in the
Unfunded Mandates Reform Act and no costs on state, local, or
tribal governments. The legislation contains no other
regulatory impact.
VII. Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic and existing law, in which no
change is proposed, is shown in roman):
DISTRICT OF COLUMBIA CODE
TITLE 1--GOVERNMENT ORGANIZATION
CHAPTER 2--DISTRICT OF COLUMBIA HOME RULE
Subchapter IV--The District Charter
[Sec. 1-204.46. Enactment of appropriations by Congress
[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. Such budget so adopted
shall be submitted by the Mayor to the President for
transmission by him to the Congress. Except as provided in
Sec. Sec. 1-204.45a(b), 1-204.67(d), 1-204.71(c), 1-
204.72(d)(2), 1-204.75(e)(2), 1-204.83(d), and 1-204.90(f),
(g), (h)(3), and (i)(3), no amount may be obligated or expended
by any officer or employee of the District of Columbia
government unless such amount has been approved by Act of
Congress, and then only according to such Act. Notwithstanding
any other provision of this chapter, the Mayor shall not
transmit any annual budget or amendments or supplements
thereto, to the President of the United States until the
completion of the budget procedures contained in this chapter.
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.]
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.
* * * * * * *
DISTRICT OF COLUMBIA CODE
TITLE 1--GOVERNMENT ORGANIZATION
CHAPTER 2--DISTRICT OF COLUMBIA HOME RULE
Subchapter VI--The District Charter
Sec. 1-204.04. Powers of the Council
* * * * * * *
[(f)] (f)(1) In the case of any budget act adopted by the
Council pursuant to Sec. 1-204.46 and submitted to the Mayor in
accordance with subsection (e) of this section, the Mayor shall
have power to disapprove any items or provisions, or both, of
such act and approve the remainder. In any case in which the
Mayor so disapproves of any item or provision, he shall append
to the act when he signs it a statement of the item or
provision which he disapproves, and shall, within such 10-day
period, return a copy of the act and statement with his
objections to the Council. If, within 30 calendar days after
any such item or provision so disapproved has been timely
returned by the Mayor to the Council, two-thirds of the members
of the Council present and voting vote to reenact any such item
or provision, such item or provision so reenacted shall be
[transmitted by the Chairman to the President of the United
States] 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). In any case in
which the Mayor fails to timely return any such item or
provision so disapproved to the Council, the Mayor shall be
deemed to have approved such item or provision not returned,
and such item or provision not returned shall be transmitted by
the [Chairman to the President of the United States]
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). In the case of
any budget act for a fiscal year which is a control year [(as
defined in Sec. 47-393(4)), this subsection] this paragraph
shall apply as if the reference in the second sentence to
``ten-day period'' were a reference to ``five-day period'' and
the reference in the third sentence to ``thirty calendar days''
were a reference to ``5 calendar days.''
(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. 1-204.12. Acts, resolutions, and requirements for quorum
(a) The Council, to discharge the powers and duties imposed
herein, shall pass acts and adopt resolutions, upon a vote of a
majority of the members of the Council present and voting,
unless otherwise provided in this chapter or by the Council.
Except as provided in the last sentence of this subsection, the
Council shall use acts for all legislative purposes. Each
proposed act (other than an act to which Sec. 1-204.46 applies
for a fiscal year which is a control year described in such
section) shall be read twice in substantially the same form,
with at least 13 days intervening between each reading. Upon
final adoption by the Council each act shall be made
immediately available to the public in a manner which the
Council shall determine. If the Council determines, by a vote
of two-thirds of the members, that emergency circumstances make
it necessary that an act be passed after a single reading, or
that it take effect immediately upon enactment, such act shall
be effective for a period of not to exceed 90 days. Resolutions
shall be used (1) to express simple determinations, decisions,
or directions of the Council of a special or temporary
character; and (2) to approve or disapprove proposed actions of
a kind historically or traditionally transmitted by the Mayor,
the Board of Elections, Public Service Commission, Armory
Board, Board of Education, the Board of Trustees of the
University of the District of Columbia, or the Convention
Center Board of Directors to the Council pursuant to an act.
Such resolutions must be specifically authorized by that act
and must be designed to implement that act.
* * * * * * *
[Sec. 1-204.24a. Establishment of office
[(a) In General.--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 (hereafter referred to as the ``Office''), which shall
be headed by the Chief Financial Officer of the District of
Columbia (hereafter referred to as the ``Chief Financial
Officer'').
[(b) Office of the Treasurer.--The Office shall include the
Office of the Treasurer, which shall be headed by the Treasurer
of the District of Columbia, who shall be appointed by the
Chief Financial Officer and subject to the Chief Financial
Officer's direction and control.
[(c) Transfer of Other Offices.--Effective with the
appointment of the first Chief Financial Officer under Sec. 1-
204.24b, the functions and personnel of the following offices
are transferred to the Office:
[(1) The Controller of the District of Columbia;
[(2) The Office of the Budget;
[(3) The Office of Financial Information Services;
and
[(4) The Department of Finance and Revenue.
[(d) Service of Heads of Other Offices.--
[(1) Office heads appointed by mayor.--With respect
to the head of the Office of the Budget and the head of
the Department of Finance and Revenue:
[(A) The Mayor shall appoint such individuals
with the advice and consent of the Council,
subject to the approval of the Authority during
a control year; and
[(B) During a control year, the Authority may
remove such individuals from office for cause,
after consultation with the Mayor.]
[(2) Office heads appointed by chief financial
officer.--With respect to the Controller of the
District of Columbia and the head of the Office of
Financial Information Services:
[(A) The Chief Financial Officer shall
appoint such individuals subject to the
approval of the Mayor; and
[(B) The Chief Financial Officer may remove
such individuals from office for cause, after
consultation with the Mayor.]
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 section 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.
* * * * * * *
[Sec. 1-204.24b. Appointment and dismissal
[(a) In General.
[(1) Control year.--During a control year, the Chief
Financial Officer shall be appointed by the Mayor as
follows:
[(A) Prior to the appointment of the Chief
Financial Officer, the Authority may submit
recommendations for the appointment to the
Mayor.
[(B) In consultation with the Authority and
the Council, the Mayor shall nominate an
individual for appointment and notify the
Council of the nomination.
[(C) After the expiration of the 7-day period
which begins on the date the Mayor notifies the
Council of the nomination under subparagraph
(B) of this paragraph, the Mayor shall notify
the Authority of the nomination.
[(D) The nomination shall be effective
subject to approval by a majority vote of the
Authority.
[(2) Other years.--During a year other than a control
year, the Chief Financial Officer shall be appointed by
the Mayor with the advice and consent of the Council.
Prior to appointment, the Authority may submit
recommendations for the appointment. Upon confirmation
by the Council, the name of the Chief Financial Officer
shall be submitted to the Committees on Appropriations
of the Senate and House of Representatives, the
Committee on Governmental Affairs of the Senate, and
the Committee on Government Reform of the House of
Representatives for a 30-day period of review and
comment before the appointment takes effect.
[(b) Removal.--
[(1) Control year.--During a control year, the Chief
Financial Officer may be removed for cause by the
Authority or by the Mayor with the approval of the
Authority.
[(2) Other years.--During a year other than a control
year, the Chief Financial Officer shall serve at the
pleasure of the Mayor, except that the Chief Financial
Officer may only be removed for cause upon dismissal by
the Mayor and approval of that dismissal by a 2/3 vote
of the Council. Upon approval of the dismissal by the
Council, notice of the dismissal shall be submitted to
the Committees on Appropriations of the Senate and
House of Representatives, the Committee on Governmental
Affairs of the Senate, and the Committee on Government
Reform of the House of Representatives for a 30-day
period of review and comment before the dismissal takes
effect.
[(c) Salary.--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.]
(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.
* * * * * * *
[Sec. 1-204.24c. Functions
[The Chief Financial Officer shall have the following
duties:
[(1) During a control year, preparing the financial
plan and budget for the use of the Mayor for purposes
of subpart B of subchapter VII of Chapter 3 of Title
47;
[(2) Preparing the budgets of the District of
Columbia for the year for the use of the Mayor for
purposes of Sec. Sec. 1-204.41 to 1-204.53 and 1-204.55
to 1-204.56e.
[(3) During a control year, assuring that all
financial information presented by the Mayor is
presented in a manner, and is otherwise consistent
with, the requirements of the District of Columbia
Financial Responsibility and Management Assistance Act
of 1995 [Pub. L. 104-8];
[(4) 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;
[(5) Preparing and submitting to the Mayor and the
Council, with the approval of the Authority during a
control year:
[(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 Sec. Sec. 1-
204.41 to 1-204.53 and 1-204.55 to 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.
[(6) Supervising and assuming responsibility for
financial transactions to ensure adequate control of
revenues and resources, and to ensure that
appropriations are not exceeded.
[(7) 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) Effective control over, and
accountability 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.
[(8) Submitting to the Council a financial statement
of the District government, containing such details and
at such times as the Council may specify;
[(9) 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);
[(10) 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 Authority);
[(11) 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 (or by the Authority
during a control year);
[(12) 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;
[(13) 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;
[(14) Certifying all contracts (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 during the year;
[(15) Prescribing the forms of receipts, vouchers,
bills, and claims to be used by all agencies, offices,
and instrumentalities of the District government;
[(16) Certifying and approving prior to payment 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;
[(17) 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;
[(18) 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);
[(19) Administering all borrowing programs of the
District government for the issuance of long-term and
short-term indebtedness;
[(20) 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;
[(21) Administering the centralized District
government payroll and retirement systems;
[(22) Governing the accounting policies and systems
applicable to the District government;
[(23) Preparing appropriate annual, quarterly, and
monthly financial reports of the accounting and
financial operations of the District government; and
[(24) 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
Sec. 1-204.48(a)(4).]
(c) Removal of the Chief Financial Officer.--The Chief
Financial Officer may only be removed for cause by the Mayor.
* * * * * * *
[Sec. 1-204.24d. 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. Such reports 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, but not
limited to:
[(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; and
[(2) Such other functions assigned to the Chief
Financial Officer under Sec. 1-204.24c as the Chief
Financial Officer may delegate.]
(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 sections 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 section 1-204.45a), section 453 of the District of
Columbia Home Rule Act, approved April 17, 1991 (105
Stat. 539; D.C. Official Code section 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 sections 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 section 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 sections 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 section 1-
204.45a), section 453 of the District of
Columbia Home Rule Act, approved April 17, 1991
(105 Stat. 539; D.C. Official Code section 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 sections 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 section 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 section 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.
* * * * * * *
[Sec. 1-204.24e. Definitions
[In this part:
[(1) The term ``Authority'' means the District of
Columbia Financial Responsibility and Management
Assistance Authority established under Sec. 47-
391.01(a);
[(2) The term ``control year'' has the meaning given
such term under Sec. 47-393(4); and
[(3) The term ``District government'' has the meaning
given such term under Sec. 47-393(5).]
(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
section 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 un-
issued 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. 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 section 1-608.51-1-
608.62) shall not apply to attorneys employed by the Office 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.
* * * * * * *
Sec. 1-204.47. Consistency of budget, accounting, and personnel systems
The Mayor shall implement appropriate procedures to insure
that budget, accounting, and personnel control systems and
structures are synchronized for budgeting and control purposes
on a continuing basis. No employee shall be hired on a full-
time or part-time basis unless such position is authorized by
[act of Congress] act of the Council (or Act of Congress, in
the case of a year which is a control year). Employees shall be
assigned in accordance with the program, organization, and fund
categories specified in the [act of Congress] act of the
Council (or Act of Congress, in the case of a year which is a
control year) authorizing such position. Hiring of temporary
employees and temporary employee transfers among programs shall
be consistent with applicable [acts of Congress] acts of the
Council (or Acts of Congress, in the case of a year which is a
control year) and reprogramming procedures to insure that costs
are accurately associated with programs and sources of funding.
* * * * * * *
Sec. 1-204.48. Financial duties of Mayor
(a) Subject to the limitations in [Sec. 1-206.03,] section
603 and except to the extent provided under section 424(d), the
Mayor shall have charge of the administration of the financial
affairs of the District and to that end he shall:
* * * * * * *
Sec. 1-204.49. Accounting supervision and control
[The Mayor] Except to the extent provided under section
424(d), the Mayor shall:
(1) Prescribe the forms of receipts, vouchers, bills,
and claims to be used by all the agencies, offices, and
instrumentalities of the District government;
* * * * * * *
Sec. 1-204.67. Authority to create security interests in District
revenues
* * * * * * *
(d) Obligations and Expenditures Not Subject to
Appropriation.--[The fourth sentence of Sec. 1-204.46]Section
446(c) shall not apply to any obligation or expenditure of any
District revenues to secure any general obligation bond or note
under subsection (a) of this section.
* * * * * * *
DISTRICT OF COLUMBIA CODE
TITLE 1--GOVERNMENT ORGANIZATION
CHAPTER 2--DISTRICT OF COLUMBIA HOME RULE
Subchapter VI--The District Charter
Sec. 1-204.71. Borrowing to meet appropriations
* * * * * * *
(c) [The 4th sentence of Sec. 1-204.46] Section 446(c)
shall not apply to any amount obligated or expended by the
District for the payment of the principal of, interest on, or
redemption premium for any general obligation note issued under
subsection (a) of this section.
* * * * * * *
Sec. 1-204.72. Borrowing in anticipation of revenues
* * * * * * *
(d) Effective Date of Authorization Acts; Payments Not
Subject to Appropriation.--
(1) Effective date.--Notwithstanding Sec. 1-
206.02(c)(1), any act of the Council authorizing the
issuance of revenue anticipation notes under subsection
(a) of this section shall take effect:
(A) if such act is enacted during a control
year (as defined in Sec. 47-393(4)), on the
date of approval by the District of Columbia
Financial Responsibility and Management
Assistance Authority; or
(B) if such act is enacted during any other
year, on the date of enactment of such act.
(2) Payments not subject to appropriation.--[The
fourth sentence of Sec. 1-204.46] Section 446(c) shall
not apply to any amount obligated or expended by the
District for the payment of the principal of, interest
on, or redemption premium for any revenue anticipation
note issued under subsection (a) of this section.
* * * * * * *
Sec. 1-204.75. Bond anticipation notes
* * * * * * *
(e) Effective Date of Authorization Acts; Payments Not
Subject to Appropriation.--
(1) Effective date.--Notwithstanding Sec. 1-
206.02(c)(1), any act of the Council authorizing the
renewal of bond anticipation notes under subsection (c)
[subsection (d)] or the issuance of general obligation
bonds under Sec. 1-204.61(a) to refund any bond
anticipation notes shall take effect--
(A) if such act is enacted during a control
year (as defined in Sec. 47-393(4)), on the
date of approval by the District of Columbia
Financial Responsibility and Management
Assistance Authority; or
(B) if such act is enacted during any other
year, on the date of enactment of such act.
(2) Payment not subject to appropriation.--[The
fourth sentence of Sec. 1-204.46] Section 446(c) shall
not apply to any amount obligated or expended by the
District for the payment of the principal of, interest
on, or redemption premium for any bond anticipation
note issued under this section.
* * * * * * *
Sec. 1-204.83. Payment of the general obligation bonds and notes
* * * * * * *
(d) [The 4th sentence of Sec. 1-204.46] Section 446(c)
shall not apply to:
(1) Any amount set aside in a debt service fund under
Sec. 1-204.81(a);
* * * * * * *
Sec. 1-204.90. Revenue bonds and other obligations
(f) [The fourth sentence of Sec. 1-204.46] Section 446(c)
shall not apply to:
(1) Any amount (including the amount of any accrued
interest or premium) obligated or expended from the
proceeds of the sale of any revenue bond, note, or
other obligations issued under subsection (a)(1) of
this section;
(2) Any amount obligated or expended for the payment
of the principal of, interest on, or any premium for
any revenue bond, note, or other obligation issued
under subsection (a)(1) of this section;
(3) Any amount obligated or expended pursuant to
provisions made to secure any revenue bond, note, or
other obligations issued under subsection (a)(1) of
this section; and
(4) Any amount obligated or expended pursuant to
commitments made in connection with the issuance of
revenue bonds, notes, or other obligations for repair,
maintenance, and capital improvements relating to
undertakings financed through any revenue bond, note,
or other obligation issued under subsection (a)(1) of
this section.
(g)(1) The Council may delegate to any housing finance
agency established by it (whether established before or after
April 12, 1980) the authority of the Council under subsection
(a) of this section to issue revenue bonds, notes, and other
obligations to borrow money to finance or assist in the
financing of undertakings in the area of primarily low- and
moderate-income housing. The Council shall define for the
purposes of the preceding sentence what undertakings shall
constitute undertakings in the area of primarily low- and
moderate-income housing. Any such housing finance agency may
exercise authority delegated to it by the Council as described
in the first sentence of this paragraph (whether such
delegation is made before or after April 12, 1980) only in
accordance with this subsection.
(2) Revenue bonds, notes, and other obligations issued by a
housing finance agency of the District under a delegation of
authority described in paragraph (1) of this subsection shall
be issued by resolution of the agency, and any such resolution
shall not be considered to be an act of the Council.
(3) [The 4th sentence of Sec. 1-204.46] Section 446(c)
shall not apply to:
(A) Any amount (including the amount of any accrued
interest or premium) obligated or expended from the
proceeds of the sale of any revenue bond, note, or
other obligation issued under paragraph (1) of this
subsection;
(B) Any amount obligated or expended for the payment
of the principal of, interest on, or any premium for
any revenue bond, note, or other obligation issued
under paragraph (1) of this subsection; and
C) Any amount obligated or expended to secure any
revenue bond, note, or other obligation issued under
paragraph (1) of this subsection.
(h)(1) The Council may delegate to the District of Columbia
Water and Sewer Authority established pursuant to Sec. 34-
2202.02 the authority of the Council under subsection (a) of
this section to issue revenue bonds, notes, and other
obligations to borrow money to finance or assist in the
financing or refinancing of undertakings in the area of
utilities facilities, pollution control facilities, and water
and sewer facilities (as defined in subsection (a)(5) of this
section). The Authority may exercise authority delegated to it
by the Council as described in the first sentence of this
paragraph (whether such delegation is made before or after
August 6, 1996) only in accordance with this subsection.
(2) Revenue bonds, notes, and other obligations issued by
the District of Columbia Water and Sewer Authority under a
delegation of authority described in paragraph (1) of this
subsection shall be issued by resolution of the Authority, and
any such resolution shall not be considered to be an act of the
Council.
(3) [The fourth sentence of Sec. 1-204.46] Section 446(c)
shall not apply to:
(A) Any amount (including the amount of any accrued
interest or premium) obligated or expended from the
proceeds of the sale of any revenue bond, note, or
other obligation issued pursuant to this subsection;
(B) Any amount obligated or expended for the payment
of the principal of interest on, or any premium for any
revenue bond, note, or other obligation issued pursuant
to this subsection;
(C) Any amount obligate or expended to secure any
revenue bond, not, or other obligation issued pursuant
to this subsection; or
(D) Any amount obligated or expended for repair,
maintenance, and capita improvements to facilities
financed pursuant to this subsection.
(i)(1) The Council may delegate to the District of Columbia
Tobacco Settlement Financing Corporation (hereafter in this
subsection referred to as the ``Corporation'') established
pursuant to subchapter III of Chapter 18 of Title 7 the
authority of the Council under subsection (a) to issue revenue
bonds, notes, and other obligations which are used to borrow
money to finance or assist in the financing or refinancing of
capital projects and other undertakings of the District of
Columbia and which are payable solely from and secured by
payments under the Master Tobacco Settlement Agreement. The
Corporation may exercise authority delegated to it by the
Council as described in the first sentence of this paragraph
(whether such delegation is made before or after the date of
the enactment of this subsection) only in accordance with this
subsection and the provisions of subchapter III of Chapter 18
of Title 7.
(2) Revenue bonds, notes, and other obligations issued by
the Corporation under a delegation of authority described in
paragraph (1) of this subsection shall be issued by resolution
of the Corporation, and any such resolution shall not be
considered to be an act of the Council.
(3) [The fourth sentence of Sec. 1-204.46] Section 446(c)
shall not apply to:
* * * * * * *
DISTRICT OF COLUMBIA CODE
TITLE 1--GOVERNMENT ORGANIZATION
CHAPTER 2--DISTRICT OF COLUMBIA HOME RULE
Subchapter VI--Reservation of Congressional Authority
Sec. 1-206.02. Limitations on the Council
* * * * * * *
(c)(1) Except acts of the Council which are submitted to
the President in accordance with Chapter 11 of Title 31, United
States Code, any act which the Council determines, according to
Sec. 1-204.12(a), should take effect immediately because of
emergency circumstances, and acts proposing amendments to
subchapter IV of this chapter and except as provided in Sec. 1-
204.62(c) and Sec. 1-204.72(d)(1) the Chairman of the Council
shall transmit to the Speaker of the House of Representatives,
and the President of the Senate, a copy of each act passed by
the Council and signed by the Mayor, or vetoed by the Mayor and
repassed by two-thirds of the Council present and voting, each
act passed by the Council and allowed to become effective by
the Mayor without his signature, and each initiated act and act
subject to referendum which has been ratified by a majority of
the registered qualified electors voting on the initiative or
referendum. Except as provided in [paragraph (2)] paragraphs
(2) and (4) of this subsection, such act shall take effect upon
the expiration of the 30-calendar-day period (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 3 days, or an adjournment of more than 3
days) beginning on the day such act is transmitted by the
Chairman to the Speaker of the House of Representatives and the
President of the Senate, 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. In any case in which any such joint resolution
disapproving such an act has, within such 30-day period, passed
both Houses of Congress and has been transmitted to the
President, such resolution, upon becoming law, subsequent to
the expiration of such 30-day period, shall be deemed to have
repealed such act, as of the date such resolution becomes law.
The provisions of Sec. 1-206.04, except subsections (d), (e),
and (f) of such section, shall apply with respect to any joint
resolution disapproving any act pursuant to this paragraph.
(2) In the case of any such act transmitted by the Chairman
with respect to any act codified in Title 22, 23, or 24 of the
District of Columbia Code, such act shall take effect at the
end of the 60-day period beginning on the day such act is
transmitted by the Chairman to the Speaker of the House of
Representatives and the President of the Senate unless, during
such 60-day period, there has been enacted into law a joint
resolution disapproving such act. In any case in which any such
joint resolution disapproving such an act has, within such 60-
day period, passed both Houses of Congress and has been
transmitted to the President, such resolution, upon becoming
law subsequent to the expiration of such 60-day period shall be
deemed to have repealed such act, as of the date such
resolution becomes law. The provisions of Sec. 1-206.04,
relating to an expedited procedure for consideration of joint
resolutions, shall apply to a joint resolution disapproving
such act as specified in this paragraph.
(3) The Council shall submit with each act transmitted
under this subsection an estimate of the costs which will be
incurred by the District of Columbia as a result of the
enactment of the act in each of the first 4 fiscal years for
which the act is in effect, together with a statement of the
basis for such estimate.
(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.
* * * * * * *
Sec. 1-206.03. Budget process; limitations on borrowing and spending
(a) Nothing in this chapter shall be construed as making
any change in existing law, regulation, or basic procedure and
practice relating to the respective roles of the Congress, the
President, the Federal Office of Management and Budget, and the
Comptroller General of the United States in the preparation,
review, submission, examination, authorization, and
appropriation of the total budget of the District of Columbia
government for a fiscal year which is a control year.
* * * * * * *
[(d) Except as provided in subsection (f) of this section,
the Mayor shall not forward to the President for submission to
Congress a budget which is not balanced according to the
provision of subsection (c) of this section.] (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.
* * * * * * *
[(f) In the case of a fiscal year which is a control year
(as defined in Sec. 47-393(4)), 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 part B of subchapter VII
of chapter 3 of Title 47.] (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.
* * * * * * *
CHAPTER 3--SPECIFIED GOVERNMENTAL AUTHORITY
Subchapter I--Additional Governmental Powers and Responsibilities
Sec. 1-301.47. Definition of terms set forth in acts and resolutions
[Formerly Sec. 1-232]
For the purposes of any act or resolution of the Council of
the District of Columbia, unless specifically provided
otherwise:
(1) The term ``Council'' means the Council of the
District of Columbia established under Sec. 1-204.01.
(2) The term ``Mayor'' means the Mayor of the
District of Columbia established under Sec. 1-204.21.
(3) The term ``Act'' means an Act of the Congress.
(4) The term ``act'' means an act of the Council.
Sec. 1-301.47a. * * *
(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.
* * * * * * *
CHAPTER 6--MERIT PERSONNEL SYSTEM
Subchapter VIII-B--Government Attorneys
Sec. 1-608.62. Applicability
The provisions of this subchapter shall apply on April 20,
1999, except as follows:
(1) Section 1-608.52 shall include attorneys employed
by the District of Columbia Board of Education as part
of the new Legal Service only as long as there is no
Congressional statutory requirement that attorneys
employed by the District of Columbia public schools be
classified as Educational Service employees.
[(2) The provisions of this subchapter shall apply to
attorneys employed by the Office of the Chief Financial
Officer when the District of Columbia is no longer in a
control period, as defined in Sec. 47-393(3).]
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TITLE 2--GOVERNMENT ADMINISTRATION
Chapter 3--Procurement
Sec. 2-301.04. Application of chapter
(a) Except as provided in Sec. 2-303.20, this chapter shall
apply to all departments, agencies, instrumentalities, and
employees of the District government, including agencies which
are subordinate to the Mayor, independent agencies, boards, and
commissions, but excluding the Council of the District of
Columbia, District of Columbia courts, the District of Columbia
Financial Responsibility and Management Assistance Authority,
and District of Columbia Advisory Neighborhood Commissions.
(b) This chapter shall apply to any contract for
procurement of goods and services, including construction and
legal services, but shall not apply to a contract or agreement
receiving or making grants-in-aid or for federal financial
assistance.
(c) The Council of the District of Columbia, the
Corporation Counsel, Inspector General, Auditor, and Chief
Financial Officer may contract for the services of accountants,
lawyers, and other experts when they determine and state in
writing that good reason exists why such services should be
procured independently of the CPO. [During a control year, as
defined by Sec. 47-393(4), the Office of the Chief Financial
Officer of the District of Columbia shall be exempt from the
provisions of this chapter, and shall adopt, within 30 days of
April 12, 1997, the procurement rules and regulations adopted
by the District of Columbia Financial Responsibility and
Management Assistance Authority. During years other than
control years, the Office of the Chief Financial Officer shall
be bound by the provisions contained in this chapter.]
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TITLE 24--PRISONERS AND THEIR TREATMENT
CHAPTER 1--TRANSFER OF PRISON SYSTEM TO FEDERAL AUTHORITY
Subchapter I--Corrections
Sec. 24-106. Permitting expenditure of funds to carry out certain sewer
agreement
Notwithstanding the [fourth sentence of Sec. 1-204.46]
section 446(c), the District of Columbia is authorized to
obligate or expend such funds as may be necessary during a
fiscal year (beginning with fiscal year 1997) to carry out the
Sewage Delivery System and Capacity Purchase Agreement between
Fairfax County and the District of Columbia with respect to
Project Number K00301, without regard to the amount
appropriated for such purpose in the budget of the District of
Columbia for the fiscal year.
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TITLE 47--TAXATION, LICENSING, PERMITS, ASSESSMENTS, AND FEES
CHAPTER 3--BUDGET AND FINANCIAL MANAGEMENT; BORROWING; DEPOSIT OF FUNDS
Subchapter VII--Financial Responsibility and Management Assistance
Sec. 47-392.02. Process for submission and approval of financial plan
and annual District budget
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(c) Action upon approval of Mayor's preliminary financial
plan and budget.
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(2) Adoption of financial plan and budget by Council
after receipt of approved financial plan and budget.--
Notwithstanding [the first sentence of Sec. 1-204.46]
section 446(a), not later than 30 days after receiving
the financial plan and budget for the fiscal year from
the Mayor under paragraph (1)(A)(ii) of this
subsection, the Council shall by Act adopt a financial
plan and budget for the fiscal year which shall serve
as the adoption of the budgets of the District
government for the fiscal year under such section, and
shall submit such financial plan and budget to the
Mayor and the Authority.
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(d) Action upon disapproval of Mayor's preliminary
financial plan and budget.
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(3) Action by council.
(A) Adoption of financial plan and budget.--
Notwithstanding [the first sentence of Sec. 1-
204.46] section 446(a), not later than 30 days
after receiving the Mayor's approved revised
financial plan and budget for the fiscal year
under paragraph (2)(B) of this subsection or
(in the case of a financial plan and budget
disapproved by the Authority) the financial
plan and budget recommended by the Authority
under paragraph (2)(C)(i)(III) of this
subsection, the Council shall by Act adopt a
financial plan and budget for the fiscal year
which shall serve as the adoption of the
budgets of the District government for the
fiscal year under such section, and shall
submit the financial plan and budget to the
Mayor and the Authority.