District of Columbia Budget Autonomy Act of 2005 -Amends the District of Columbia Home Rule Act to provide that the District of Columbia budget passed by the Council of the District of Columbia shall be enacted without referral to the President or approval by the Congress, unless it is the budget for a fiscal year which is a control year. Prohibits the Mayor of the District during a control year from transmitting the 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.
Prohibits obligations or expenditures by District government officers and employees without the Council's approval or, in the case of a control year, congressional approval.
Allows the Council to reenact provisions of any line-item veto by the Mayor in a budget Act without submitting such veto to the President, unless such item or provision is contained in a budget act for a control year.
District of Columbia Independence of the Chief Financial Officer Act of 2005 - Amends the District of Columbia Home Rule Act to revise requirements for the Office of the Chief Financial Officer (CFO), and the CFO's duties and term of office. Changes the names of, and subordinates to the CFO, the following District government offices or department: (1) Office of Budget and Management to Office of Budget and Planning; (2) Department of Finance and Revenue to Office of Tax and Revenue; and (3) Office of Treasurer to Office of Finance and Treasury. Consolidates the Office of the Controller and the Office of Financial Information Services into the Office of Financial Operations and Systems.
Establishes: (1) the Office of Revenue Analysis, headed by the Deputy CFO for the Office of Revenue Analysis; and (2) the Lottery and Charitable Games Control Board.
Provides that employees of the CFO Office shall be appointed by, serve at the pleasure of, and act under the direction and control of the CFO as at-will employees not covered by the District of Columbia Merit Personnel Act of 1978. States that nothing in this Act, however, may be construed to prohibit the CFO from entering into a collective bargaining agreement governing such employees or personnel.
Grants the CFO independent authority over legal personnel.
Amends the District of Columbia Home Rule Act to require the CFO to carry out procurement of goods and services for the CFO Office through a procurement office or division that shall operate independently of, and shall not be governed by, the Office of Contracting and Procurement, or its successor office.
Amends the General Legislative Procedures Act of 1975 to require, except for emergency declaration, ceremonial, confirmation, and sense of the Council resolutions, all permanent bills and resolutions to be accompanied by a fiscal impact statement before final adoption by the Council.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 800 Introduced in Senate (IS)]
109th CONGRESS
1st Session
S. 800
To amend the District of Columbia Home Rule Act to provide the District
of Columbia with autonomy over its budgets, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 14, 2005
Ms. Collins (for herself, Mr. Lieberman, Mr. Voinovich, Mr. Akaka, Ms.
Landrieu, and Mr. Durbin) introduced the following bill; which was read
twice and referred to the Committee on Homeland Security and
Governmental Affairs
_______________________________________________________________________
A BILL
To amend the District of Columbia Home Rule Act to provide the District
of Columbia with autonomy over its budgets, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
TITLE I--DISTRICT OF COLUMBIA BUDGET AUTONOMY ACT
SEC. 101. SHORT TITLE.
This title may be cited as the ``District of Columbia Budget
Autonomy Act of 2005''.
SEC. 102. ENACTMENT OF DISTRICT OF COLUMBIA LOCAL BUDGET.
(a) In General.--Section 446 of the District of Columbia Home Rule
Act (section 1-204.46, D.C. Official Code) is amended to read as
follows:
``enactment of local budget
``Sec. 446. (a) Adoption of Budgets and Supplements.--The Council,
within 56 calendar days after receipt of the budget proposal from the
Mayor, and after public hearing, shall by Act adopt the annual budget
for the District of Columbia government. Any supplements thereto shall
also be adopted by Act by the Council after public hearing.
``(b) Transmission to President During Control Years.--In the case
of a budget for a fiscal year which is a control year, the budget so
adopted shall be submitted by the Mayor to the President for
transmission by him to the Congress, except that the Mayor shall not
transmit any such budget, or amendments or supplements thereto, to the
President until the completion of the budget procedures contained in
this Act and the District of Columbia Financial Responsibility and
Management Assistance Act of 1995.
``(c) Prohibiting Obligations and Expenditures Not Authorized Under
Budget.--Except as provided in section 445A(b), section 467(d), section
471(c), section 472(d), section 475(e), section 483(d), and subsections
(f), (g), (h)(3), and (i)(3) of section 490, no amount may be obligated
or expended by any officer or employee of the District of Columbia
government unless--
``(1) such amount has been approved by an Act of the
Council (and then only in accordance with such authorization)
and a copy of such Act has been transmitted by the Chairman to
the Congress; or
``(2) in the case of an amount obligated or expended during
a control year, such amount has been approved by an Act of
Congress (and then only in accordance with such authorization).
``(d) Restrictions on Reprogramming of Amounts.--After the adoption
of the annual budget for a fiscal year (beginning with the annual
budget for fiscal year 1995), no reprogramming of amounts in the budget
may occur unless the Mayor submits to the Council a request for such
reprogramming and the Council approves the request, but only if any
additional expenditures provided under such request for an activity are
offset by reductions in expenditures for another activity.
``(e) Definition.--In this part, the term `control year' has the
meaning given such term in section 305(4) of the District of Columbia
Financial Responsibility and Management Assistance Act of 1995.''.
(b) Length of Congressional Review Period for Budget Acts.--Section
602(c) of such Act (section 1-206.02(c), D.C. Official Code) is
amended--
(1) in the second sentence of paragraph (1), by striking
``paragraph (2)'' and inserting ``paragraphs (2) and (4)''; and
(2) by adding at the end the following new paragraph:
``(4) In the case of any Act transmitted under the first sentence
of paragraph (1) to which section 446 applies and for which the fiscal
year involved is not a control year, such Act shall take effect upon
the expiration of the 30-calendar-day period beginning on the day such
Act is transmitted, or upon the date prescribed by such Act, whichever
is later, unless during such 30-day period, there has been enacted into
law a joint resolution disapproving such Act. If such 30-day period
expires on any day on which neither House is in session because of an
adjournment sine die, a recess of more than three days, or an
adjournment of more than three days, the period applicable under the
previous sentence shall be extended for 5 additional days (excluding
Saturdays, Sundays, and holidays, and any day on which neither House is
in session because of an adjournment sine die, a recess of more than
three days, or an adjournment of more than three days). In any case in
which any such joint resolution disapproving such an Act has, within
the applicable period, passed both Houses of Congress and has been
transmitted to the President, such resolution, upon becoming law,
subsequent to the expiration of such period, shall be deemed to have
repealed such Act, as of the date such resolution becomes law. The
provisions of section 604 shall apply with respect to any joint
resolution disapproving any Act pursuant to this paragraph.''.
(c) Conforming Amendments.--(1) Sections 467(d), 471(c), 472(d)(2),
475(e)(2), and 483(d), and subsections (f), (g)(3), (h)(3), and (i)(3)
of section 490 of such Act are each amended by striking ``The fourth
sentence of section 446'' and inserting ``Section 446(c)''.
(2) The third sentence of section 412(a) of such Act (section 1-
204.12(a), D.C. Official Code) is amended by inserting ``for a fiscal
year which is a control year described in such section'' after
``section 446 applies''.
(3) Section 202(c)(2) of the District of Columbia Financial
Responsibility and Management Assistance Act of 1995 (section 47-
392.02(c)(2), D.C. Official Code) is amended by striking ``the first
sentence of section 446'' and inserting ``section 446(a)''.
(4) Section 202(d)(3)(A) of the District of Columbia Financial
Responsibility and Management Assistance Act of 1995 (section 47-
392.02(d)(3)(A), D.C. Official Code) is amended by striking ``the first
sentence of section 446'' and inserting ``section 446(a)''.
(5) Section 11206 of the National Capital Revitalization and Self-
Government Improvement Act of 1997 (section 24-106, D.C. Official Code)
is amended by striking ``the fourth sentence of section 446'' and
inserting ``section 446(c)''.
(d) Clerical Amendment.--The item relating to section 446 in the
table of contents of such Act is amended to read as follows:
``Sec. 446 Enactment of local budget.''.
SEC. 103. ACTION BY COUNCIL OF DISTRICT OF COLUMBIA ON LINE-ITEM VETOES
BY MAYOR OF PROVISIONS OF BUDGET ACTS.
(a) In General.--Section 404(f) of the District of Columbia Home
Rule Act (section 1-204.4(f), D.C. Official Code) is amended by
striking ``transmitted by the Chairman to the President of the United
States'' both places it appears and inserting the following:
``incorporated in such Act (or, in the case of an item or provision
contained in a budget act for a control year, transmitted by the
Chairman to the President)''.
(b) Conforming Amendments.--Section 404(f) of such Act (section 1-
204.04(f), D.C. Official Code) is amended--
(1) by striking ``(f)'' and inserting ``(f)(1)'';
(2) in the fifth sentence, by striking ``(as defined in
section 305(4) of the District of Columbia Financial
Responsibility and Management Assistance Act of 1995), this
subsection'' and inserting ``this paragraph''; and
(3) by adding at the end the following new paragraph:
``(2) In this subsection, the term `control year' has the meaning
given such term in section 305(4) of the District of Columbia Financial
Responsibility and Management Assistance Act of 1995.''.
SEC. 104. PERMITTING EMPLOYEES TO BE HIRED IF POSITION AUTHORIZED BY
ACT OF THE COUNCIL.
Section 447 of the District of Columbia Home Rule Act (section 1-
204.47, D.C. Official Code) is amended--
(1) by striking ``Act of Congress'' each place it appears
and inserting ``act of the Council (or Act of Congress, in the
case of a year which is a control year)''; and
(2) by striking ``Acts of Congress'' and inserting ``acts
of the Council (or Acts of Congress, in the case of a year
which is a control year)''.
SEC. 105. OTHER CONFORMING AMENDMENTS RELATING TO CHANGES IN FEDERAL
ROLE IN BUDGET PROCESS.
(a) Federal Authority Over Budget-Making Process.--Section 603(a)
of the District of Columbia Home Rule Act (section 1-206.03, D.C.
Official Code) is amended by inserting before the period at the end the
following: ``for a fiscal year which is a control year''.
(b) Restrictions Applicable During Control Years.--Section 603(d)
of such Act (section 1-206.03(d), D.C. Official Code) is amended to
read as follows:
``(d) In the case of a fiscal year which is a control year, the
Council may not approve, and the Mayor may not forward to the
President, any budget which is not consistent with the financial plan
and budget established for the fiscal year under subtitle A of title II
of the District of Columbia Financial Responsibility and Management
Assistance Act of 1995.''.
(c) Definition.--Section 603(f) of such Act (section 1-206.03(f),
D.C. Official Code) is amended to read as follows:
``(f) In this section, the term `control year' has the meaning
given such term in section 305(4) of the District of Columbia Financial
Responsibility and Management Assistance Act of 1995.''.
SEC. 106. CONTINUATION OF GENERAL PROVISIONS IN APPROPRIATIONS ACTS AND
TREATMENT OF AMENDMENTS.
(a) Continuation.--Any general provision contained in a general
appropriation bill which includes the appropriation of Federal payments
to the District of Columbia for a fiscal year (or, in the case of such
a bill which is included as a division, title, or other portion of
another general appropriation bill, any general provision contained in
such division, title, or other portion) in effect on the date of
enactment of this Act shall remain in effect until the date of the
enactment of a general appropriation bill which includes the
appropriation of Federal payments to the District of Columbia for the
following fiscal year.
(b) Amendments in the Senate.--In the case of the consideration in
the Senate of a general appropriations bill that includes the
appropriations of Federal payments to the District of Columbia, an
amendment proposing a limitation on the use of any District of Columbia
funds by the District of Columbia shall not constitute general
legislation under paragraphs 2 and 4 of Rule XVI of the Standing Rules
of the Senate.
SEC. 107. EFFECTIVE DATE.
The amendments made by this Act shall apply to budgets of the
District of Columbia for fiscal years beginning on or after October 1,
2006.
TITLE II--DISTRICT OF COLUMBIA INDEPENDENCE OF THE CHIEF FINANCIAL
OFFICER ACT OF 2005
SEC. 201. SHORT TITLE.
This title may be cited as the ``District of Columbia Independence
of the Chief Financial Officer Act of 2005''.
SEC. 202. PROMOTING INDEPENDENCE OF CHIEF FINANCIAL OFFICER.
(a) In General.--Section 424 of the District of Columbia Home Rule
Act (section 1-204.24a et seq., D.C. Official Code) is amended to read
as follows:
``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 (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').
``(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:
``(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 Revenue Analysis, headed by the
Deputy Chief Financial Officer for the Office of
Revenue 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 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 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 and all other District
of Columbia accounting, budget, and financial management
personnel (including personnel of executive branch independent
agencies) that report to the Office pursuant to this Act.
``(7) Delegation.--The Chief Financial Officer may delegate
any of his functions to any officers, executive, employee, or
office of the Office of the Chief Financial Officer who may,
with approval of the Chief Financial Officer, make further
delegation of all or part of such functions to subordinates
under his, her, or the office's jurisdiction.
``(b) Appointment of the Chief Financial Officer.--
``(1) Appointment.--
``(A) In general.--The Chief Financial Officer
shall be appointed by the Mayor with the advice and
consent, by resolution, of the Council.
``(B) Special rule for control years.--During a
control year, the Chief Financial Officer shall be
appointed by the Mayor as follows:
``(i) Prior to the appointment, the
Authority may submit recommendations for the
appointment to the Mayor.
``(ii) In consultation with the Authority
and the Council, the Mayor shall nominate an
individual for appointment and notify the
Council of the nomination.
``(iii) After the expiration of the 7-day
period which begins on the date the Mayor
notifies the Council of the nomination under
clause (ii), the Mayor shall notify the
Authority of the nomination.
``(iv) The nomination shall be effective
subject to approval by a majority vote of the
Authority.
``(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) Transition.--For purposes of this section,
the individual serving as Chief Financial Officer as of
the date of enactment of the District of Columbia
Independence of the Chief Financial Officer Act of 2005
shall be deemed to have been appointed under this
subsection, except that such individual's initial term
of office shall begin upon such date and shall end on
June 30, 2007.
``(C) Continuance.--Any Chief Financial Officer may
continue to serve beyond his term until a successor
takes office.
``(D) Vacancies.--Any vacancy in the Office of
Chief Financial Officer shall be filled in the same
manner as the original appointment under paragraph (1).
``(E) Pay.--The Chief Financial Officer shall be
paid at an annual rate equal to the rate of basic pay
payable for level I of the Executive Schedule.
``(c) Removal of the Chief Financial Officer.--
``(1) In general.--The Chief Financial Officer may only be
removed for cause by the Mayor.
``(2) Special rule for control years.--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.
``(d) Duties of the Chief Financial Officer.--Notwithstanding any
other authority vested by this Act, the Chief Financial Officer shall
have the following duties and shall take such steps as are necessary to
perform these duties:
``(1) During a control year, preparing the financial plan
and the budget for the use of the Mayor for purposes of
subtitle A of title II of the District of Columbia Financial
Responsibility and Management Assistance Act of 1995.
``(2) Preparing the budgets of the District of Columbia for
the year for the use of the Mayor for purposes of part D 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.
``(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.
``(4) Implementing appropriate procedures and instituting
such programs, systems, and personnel policies within the Chief
Financial 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.
``(5) Preparing and submitting to the Mayor and the
Council, with the approval of the Authority during a control
year, 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 part D of this
title, 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.
``(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 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.
``(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 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.
``(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.
``(19) Supervising and administering all borrowing programs
for the issuance of long-term and short-term indebtedness as
well as other financing related programs of the District
government.
``(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 (other than retirement systems
for police officers, firefighters, and teachers).
``(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.
``(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 section 448(a)(4).
``(25) 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.
``(26) 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.
``(27) Certifying all collective bargaining agreements and
nonunion pay proposals prior to submission to the Council for
approval as to the availability of funds to meet the
obligations expected to be incurred by the District government
under such collective bargaining agreements and nonunion pay
proposals during the year.
``(e) Functions of Treasurer.--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. Each such
report shall include the following:
``(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.
``(E) Monthly reports reflecting a detailed summary
analysis of long-term and short-term borrowings
inclusive of debt as authorized by section 603, in the
current fiscal year and the amount of debt for each
succeeding fiscal year not to exceed 5 years. All such
reports shall reflect--
``(i) the amount of debt outstanding by
type of instrument;
``(ii) the amount of authorized and
unissued debt, including availability of short-
term lines of credit, United States Treasury
borrowings, and similar information;
``(iii) a maturity schedule of the debt;
``(iv) the rate of interest payable upon
the debt; and
``(v) the amount of debt service
requirements and related debt service reserves.
``(2) Such other functions assigned to the Chief Financial
Officer under subsection (d) as the Chief Financial Officer may
delegate.
``(f) Definitions.--For purposes of this section (and sections 424a
and 424b)--
``(1) the term `Authority' means the District of Columbia
Financial Responsibility and Management Assistance Authority
established under section 101(a) of the District of Columbia
Financial Responsibility and Management Assistance Act of 1995;
``(2) the term `control year' has the meaning given such
term under section 305(4) of such Act; and
``(3) the term `District government' has the meaning given
such term under section 305(5) of such Act.''.
(b) Clarification of Duties of Chief Financial Officer and Mayor.--
(1) Relation to financial duties of mayor.--Section 448(a)
of such Act (section 1-204.48(a), D.C. Official Code) is
amended by striking ``section 603,'' and inserting ``section
603 and except to the extent provided under section 424(d),''.
(2) Relation to mayor's duties regarding accounting
supervision and control.--Section 449 of such Act (section 1-
204.49, D.C. Official Code) is amended by striking ``The
Mayor'' and inserting ``Except to the extent provided under
section 424(d), the Mayor''.
SEC. 203. PERSONNEL AUTHORITY.
(a) Providing Independent Personnel Authority.--
(1) In general.--Part B of title IV of the District of
Columbia Home Rule Act is amended by adding by adding at the
end the following new section:
``authority of chief financial officer over personnel of office and
other financial personnel
``Sec. 424a. (a) In General.--Notwithstanding any provision of law
or regulation (including any law or regulation providing for collective
bargaining or the enforcement of any collective bargaining agreement),
employees of the Office of the Chief Financial Officer of the District
of Columbia, 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 not covered by the
District of Columbia Merit Personnel Act of 1978, except that nothing
in this section may be construed to prohibit the Chief Financial
Officer from entering into a collective bargaining agreement governing
such employees and personnel or to prohibit the enforcement of such an
agreement as entered into by the Chief Financial Officer.
``(b) Personnel.--The personnel described in this subsection are as
follows:
``(1) The General Counsel to the Chief Financial Officer
and all other attorneys in the Office of the General Counsel
within the Office of the Chief Financial Officer of the
District of Columbia.
``(2) All other individuals hired or retained as attorneys
by the Chief Financial Officer or any office under the
personnel authority of the Chief Financial Officer, each of
whom shall act under the direction and control of the General
Counsel to the Chief Financial Officer.
``(3) Personnel of the Office not described in paragraph
(1).
``(4) The heads and all personnel of the subordinate
offices of the Office (as described in section 424(a)(2) and
established as subordinate offices in section 424(a)(3)) and
the Chief Financial Officers, Agency Fiscal Officers, and
Associate Chief Financial Officers of all District of Columbia
executive branch subordinate and independent agencies (in
accordance with subsection (c)), together with all other
District of Columbia accounting, budget, and financial
management personnel (including personnel of executive branch
independent agencies but not including personnel of the
legislative or judicial branches of the District government).
``(c) Appointment of Certain Executive Branch Agency Chief
Financial Officers.--
``(1) In general.--The Chief Financial Officers and
Associate Chief Financial Officers of all District of Columbia
executive branch subordinate and independent agencies (other
than those of a subordinate office of the Office) 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.
``(2) Transition.--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 2005 may continue to serve in that capacity
without reappointment.
``(d) Independent Authority Over Legal Personnel.--Title VIII-B of
the District of Columbia Government Comprehensive Merit Personnel Act
of 1978 (section 1-608.51 et seq., D.C. Official Code) shall not apply
to the Office of the Chief Financial Officer or to attorneys employed
by the Office.''.
(2) Clerical amendment.--The table of contents of part B of
title IV of the District of Columbia Home Rule Act is amended
by adding at the end the following new item:
``Sec. 424a Authority of Chief Financial Officer over personnel of
Office and other financial personnel.''.
(b) Conforming Amendment.--Section 862 of the District of Columbia
Government Comprehensive Merit Personnel Act of 1978 (D.C. Law 2-260;
D.C. Official Code 1-608.62) is amended by striking paragraph (2).
SEC. 204. PROCUREMENT AUTHORITY.
(a) Providing Independent Authority To Procure Goods and
Services.--
(1) In general.--Part B of title IV of the District of
Columbia Home Rule Act, as amended by section 203(a)(1), is
further amended by adding at the end the following new section:
``procurement authority of the chief financial officer
``Sec. 424b. The Chief Financial Officer shall carry out
procurement of goods and services for the Office of the Chief Financial
Officer through a procurement office or division which shall operate
independently of, and shall not be governed by, the Office of
Contracting and Procurement established under the District of Columbia
Procurement Practices Act of 1986 or any successor office, except the
provisions applicable under such Act to procurement carried out by the
Chief Procurement Officer established by section 105 of such Act or any
successor office shall apply with respect to the procurement carried
out by the Chief Financial Officer's procurement office or division.''.
(2) Clerical amendment.--The table of contents of part B of
title IV of the District of Columbia Home Rule Act, as amended
by section 203(a)(2), is further amended by adding at the end
following new item:
``Sec. 424b Procurement authority of the Chief Financial Officer.''.
(b) Conforming Amendment.--Section 104 of the District of Columbia
Procurement Practices Act of 1986 (section 2-301.04, D.C. Official
Code) is amended--
(1) in subsection (a), by striking ``, and the District of
Columbia Financial Responsibility and Management Assistance
Authority'' and inserting the following: ``the District of
Columbia Financial Responsibility and Management Assistance
Authority, and (to the extent described in section 424b of the
District of Columbia Home Rule Act) the Office of the Chief
Financial Officer of the District of Columbia''; and
(2) in subsection (c), by striking the second and third
sentences.
(c) Effect Date.--This section and the amendments made by this
section shall take effect 6 months after the date of enactment of this
Act.
SEC. 205. FISCAL IMPACT STATEMENTS.
The General Legislative Procedures Act of 1975 (section 1-301.45 et
seq., D.C. Official Code) is amended by adding at the end the following
new section:
``fiscal impact statements
``Sec. 4a. (a) Bills and Resolutions.--
``(1) In general.--Notwithstanding any other law, except as
provided in subsection (c), all permanent bills and resolutions
shall be accompanied by a fiscal impact statement before final
adoption by the Council.
``(2) Contents.--The fiscal impact statement shall include
the estimate of the costs which will be incurred by the
District as a result of the enactment of the measure in the
current and each of the first four fiscal years for which the
act or resolution is in effect, together with a statement of
the basis for such estimate.
``(b) Appropriations.--Permanent and emergency acts which are
accompanied by fiscal impact statements which reflect unbudgeted costs,
shall be subject to appropriations prior to becoming effective.
``(c) Applicability.--Subsection (a) shall not apply to emergency
declaration, ceremonial, confirmation, and sense of the Council
resolutions.''.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S3674-3675)
Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line