II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 TITLE I—DISTRICT OF COLUM4 BIA BUDGET AUTONOMY ACT 

5 SEC. 101. SHORT TITLE. 

6 This title may be cited as the ‘‘District of Columbia 

7 Budget Autonomy Act of 2005’’. 
2 

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1 SEC. 102. ENACTMENT OF DISTRICT OF COLUMBIA LOCAL 

2 BUDGET. 

3 (a) IN GENERAL.—Section 446 of the District of Co4 lumbia Home Rule Act (section 1–204.46, D.C. Official 

5 Code) is amended to read as follows: 

6 ‘‘ENACTMENT OF LOCAL BUDGET

7 ‘‘SEC. 446. (a) ADOPTION OF BUDGETS AND SUP8 PLEMENTS.—The Council, within 56 calendar days after 

9 receipt of the budget proposal from the Mayor, and after 

10 public hearing, shall by Act adopt the annual budget for 

11 the District of Columbia government. Any supplements 

12 thereto shall also be adopted by Act by the Council after 

13 public hearing. 

14 ‘‘(b) TRANSMISSION TO PRESIDENT DURING CON15 TROL YEARS.—In the case of a budget for a fiscal year 

16 which is a control year, the budget so adopted shall be 

17 submitted by the Mayor to the President for transmission 

18 by him to the Congress, except that the Mayor shall not 

19 transmit any such budget, or amendments or supplements 

20 thereto, to the President until the completion of the budg21 et procedures contained in this Act and the District of 

22 Columbia Financial Responsibility and Management As23 sistance Act of 1995. 

24 ‘‘(c) PROHIBITING OBLIGATIONS AND EXPENDI25 TURES NOT AUTHORIZED UNDER BUDGET.—Except as 

26 provided in section 445A(b), section 467(d), section 
3 

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1 471(c), section 472(d), section 475(e), section 483(d), and 

2 subsections (f), (g), (h)(3), and (i)(3) of section 490, no 

3 amount may be obligated or expended by any officer or 

4 employee of the District of Columbia government unless— 

5 ‘‘(1) such amount has been approved by an Act 

6 of the Council (and then only in accordance with 

7 such authorization) and a copy of such Act has been 

8 transmitted by the Chairman to the Congress; or 

9 ‘‘(2) in the case of an amount obligated or ex10 pended during a control year, such amount has been 

11 approved by an Act of Congress (and then only in 

12 accordance with such authorization). 

13 ‘‘(d) RESTRICTIONS ON REPROGRAMMING OF

14 AMOUNTS.—After the adoption of the annual budget for 

15 a fiscal year (beginning with the annual budget for fiscal 

16 year 1995), no reprogramming of amounts in the budget 

17 may occur unless the Mayor submits to the Council a re18 quest for such reprogramming and the Council approves 

19 the request, but only if any additional expenditures pro20 vided under such request for an activity are offset by re21 ductions in expenditures for another activity. 

22 ‘‘(e) DEFINITION.—In this part, the term ‘control 

23 year’ has the meaning given such term in section 305(4) 

24 of the District of Columbia Financial Responsibility and 

25 Management Assistance Act of 1995.’’. 
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1 (b) LENGTH OF CONGRESSIONAL REVIEW PERIOD

2 FOR BUDGET ACTS.—Section 602(c) of such Act (section 

3 1–206.02(c), D.C. Official Code) is amended— 

4 (1) in the second sentence of paragraph (1), by 

5 striking ‘‘paragraph (2)’’ and inserting ‘‘paragraphs 

6 (2) and (4)’’; and 

7 (2) by adding at the end the following new 

8 paragraph: 

9 ‘‘(4) In the case of any Act transmitted under the 

10 first sentence of paragraph (1) to which section 446 ap11 plies and for which the fiscal year involved is not a control 

12 year, such Act shall take effect upon the expiration of the 

13 30-calendar-day period beginning on the day such Act is 

14 transmitted, or upon the date prescribed by such Act, 

15 whichever is later, unless during such 30-day period, there 

16 has been enacted into law a joint resolution disapproving 

17 such Act. If such 30-day period expires on any day on 

18 which neither House is in session because of an adjourn19 ment sine die, a recess of more than three days, or an 

20 adjournment of more than three days, the period applica21 ble under the previous sentence shall be extended for 5 

22 additional days (excluding Saturdays, Sundays, and holi23 days, and any day on which neither House is in session 

24 because of an adjournment sine die, a recess of more than 

25 three days, or an adjournment of more than three days). 
5 

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1 In any case in which any such joint resolution dis2 approving such an Act has, within the applicable period, 

3 passed both Houses of Congress and has been transmitted 

4 to the President, such resolution, upon becoming law, sub5 sequent to the expiration of such period, shall be deemed 

6 to have repealed such Act, as of the date such resolution 

7 becomes law. The provisions of section 604 shall apply 

8 with respect to any joint resolution disapproving any Act 

9 pursuant to this paragraph.’’. 

10 (c) CONFORMING AMENDMENTS.—(1) Sections 

11 467(d), 471(c), 472(d)(2), 475(e)(2), and 483(d), and 

12 subsections (f), (g)(3), (h)(3), and (i)(3) of section 490 

13 of such Act are each amended by striking ‘‘The fourth 

14 sentence of section 446’’ and inserting ‘‘Section 446(c)’’. 

15 (2) The third sentence of section 412(a) of such Act 

16 (section 1–204.12(a), D.C. Official Code) is amended by 

17 inserting ‘‘for a fiscal year which is a control year de18 scribed in such section’’ after ‘‘section 446 applies’’. 

19 (3) Section 202(c)(2) of the District of Columbia Fi20 nancial Responsibility and Management Assistance Act of 

21 1995 (section 47–392.02(c)(2), D.C. Official Code) is 

22 amended by striking ‘‘the first sentence of section 446’’ 

23 and inserting ‘‘section 446(a)’’. 

24 (4) Section 202(d)(3)(A) of the District of Columbia 

25 Financial Responsibility and Management Assistance Act 
6 

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1 of 1995 (section 47–392.02(d)(3)(A), D.C. Official Code) 

2 is amended by striking ‘‘the first sentence of section 446’’ 

3 and inserting ‘‘section 446(a)’’. 

4 (5) Section 11206 of the National Capital Revitaliza5 tion and Self-Government Improvement Act of 1997 (sec6 tion 24–106, D.C. Official Code) is amended by striking 

7 ‘‘the fourth sentence of section 446’’ and inserting ‘‘sec8 tion 446(c)’’. 

9 (d) CLERICAL AMENDMENT.—The item relating to 

10 section 446 in the table of contents of such Act is amended 

11 to read as follows: 

‘‘Sec. 446. Enactment of local budget.’’. 

12 SEC. 103. ACTION BY COUNCIL OF DISTRICT OF COLUMBIA 

13 ON LINE-ITEM VETOES BY MAYOR OF PROVI14 SIONS OF BUDGET ACTS. 

15 (a) IN GENERAL.—Section 404(f) of the District of 

16 Columbia Home Rule Act (section 1–204.4(f), D.C. Offi17 cial Code) is amended by striking ‘‘transmitted by the 

18 Chairman to the President of the United States’’ both 

19 places it appears and inserting the following: ‘‘incor20 porated in such Act (or, in the case of an item or provision 

21 contained in a budget act for a control year, transmitted 

22 by the Chairman to the President)’’. 

23 (b) CONFORMING AMENDMENTS.—Section 404(f) of 

24 such Act (section 1–204.04(f), D.C. Official Code) is 

25 amended— 
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1 (1) by striking ‘‘(f)’’ and inserting ‘‘(f)(1)’’; 

2 (2) in the fifth sentence, by striking ‘‘(as de3 fined in section 305(4) of the District of Columbia 

4 Financial Responsibility and Management Assistance 

5 Act of 1995), this subsection’’ and inserting ‘‘this 

6 paragraph’’; and 

7 (3) by adding at the end the following new 

8 paragraph: 

9 ‘‘(2) In this subsection, the term ‘control year’ has 

10 the meaning given such term in section 305(4) of the Dis11 trict of Columbia Financial Responsibility and Manage12 ment Assistance Act of 1995.’’. 

13 SEC. 104. PERMITTING EMPLOYEES TO BE HIRED IF POSI14 TION AUTHORIZED BY ACT OF THE COUNCIL. 

15 Section 447 of the District of Columbia Home Rule 

16 Act (section 1–204.47, D.C. Official Code) is amended— 

17 (1) by striking ‘‘Act of Congress’’ each place it 

18 appears and inserting ‘‘act of the Council (or Act of 

19 Congress, in the case of a year which is a control 

20 year)’’; and 

21 (2) by striking ‘‘Acts of Congress’’ and insert22 ing ‘‘acts of the Council (or Acts of Congress, in the 

23 case of a year which is a control year)’’. 
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1 SEC. 105. OTHER CONFORMING AMENDMENTS RELATING 

2 TO CHANGES IN FEDERAL ROLE IN BUDGET 

3 PROCESS. 

4 (a) FEDERAL AUTHORITY OVER BUDGET-MAKING

5 PROCESS.—Section 603(a) of the District of Columbia 

6 Home Rule Act (section 1–206.03, D.C. Official Code) is 

7 amended by inserting before the period at the end the fol8 lowing: ‘‘for a fiscal year which is a control year’’. 

9 (b) RESTRICTIONS APPLICABLE DURING CONTROL

10 YEARS.—Section 603(d) of such Act (section 1–206.03(d), 

11 D.C. Official Code) is amended to read as follows: 

12 ‘‘(d) In the case of a fiscal year which is a control 

13 year, the Council may not approve, and the Mayor may 

14 not forward to the President, any budget which is not con15 sistent with the financial plan and budget established for 

16 the fiscal year under subtitle A of title II of the District 

17 of Columbia Financial Responsibility and Management 

18 Assistance Act of 1995.’’. 

19 (c) DEFINITION.—Section 603(f) of such Act (section 

20 1–206.03(f), D.C. Official Code) is amended to read as 

21 follows: 

22 ‘‘(f) In this section, the term ‘control year’ has the 

23 meaning given such term in section 305(4) of the District 

24 of Columbia Financial Responsibility and Management 

25 Assistance Act of 1995.’’. 
9 

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1 SEC. 106. CONTINUATION OF GENERAL PROVISIONS IN AP2 PROPRIATIONS ACTS AND TREATMENT OF 

3 AMENDMENTS. 

4 (a) CONTINUATION.—Any general provision con5 tained in a general appropriation bill which includes the 

6 appropriation of Federal payments to the District of Co7 lumbia for a fiscal year (or, in the case of such a bill which 

8 is included as a division, title, or other portion of another 

9 general appropriation bill, any general provision contained 

10 in such division, title, or other portion) in effect on the 

11 date of enactment of this Act shall remain in effect until 

12 the date of the enactment of a general appropriation bill 

13 which includes the appropriation of Federal payments to 

14 the District of Columbia for the following fiscal year. 

15 (b) AMENDMENTS IN THE SENATE.—In the case of 

16 the consideration in the Senate of a general appropriations 

17 bill that includes the appropriations of Federal payments 

18 to the District of Columbia, an amendment proposing a 

19 limitation on the use of any District of Columbia funds 

20 by the District of Columbia shall not constitute general 

21 legislation under paragraphs 2 and 4 of Rule XVI of the 

22 Standing Rules of the Senate. 

23 SEC. 107. EFFECTIVE DATE. 

24 The amendments made by this Act shall apply to 

25 budgets of the District of Columbia for fiscal years begin26 ning on or after October 1, 2006. 
10 

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1 TITLE II—DISTRICT OF COLUM2 BIA INDEPENDENCE OF THE 

3 CHIEF FINANCIAL OFFICER 

4 ACT OF 2005 

5 SEC. 201. SHORT TITLE. 

6 This title may be cited as the ‘‘District of Columbia 

7 Independence of the Chief Financial Officer Act of 2005’’. 

8 SEC. 202. PROMOTING INDEPENDENCE OF CHIEF FINAN9 CIAL OFFICER. 

10 (a) IN GENERAL.—Section 424 of the District of Co11 lumbia Home Rule Act (section 1–204.24a et seq., D.C. 

12 Official Code) is amended to read as follows: 

13 ‘‘CHIEF FINANCIAL OFFICER OF THE DISTRICT OF

14 COLUMBIA

15 ‘‘SEC. 424. (a) IN GENERAL.— 

16 ‘‘(1) ESTABLISHMENT.—There is hereby estab17 lished within the executive branch of the government 

18 of the District of Columbia an Office of the Chief 

19 Financial Officer of the District of Columbia (here20 after referred to as the ‘Office’), which shall be 

21 headed by the Chief Financial Officer of the District 

22 of Columbia (hereafter referred to as the ‘Chief Fi23 nancial Officer’). 

24 ‘‘(2) ORGANIZATIONAL ANALYSIS.— 
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1 ‘‘(A) OFFICE OF BUDGET AND PLAN2 NING.—The name of the Office of Budget and 

3 Management, established by Commissioner’s 

4 Order 69–96, issued March 7, 1969, is changed 

5 to the Office of Budget and Planning. 

6 ‘‘(B) OFFICE OF TAX AND REVENUE.—The 

7 name of the Department of Finance and Rev8 enue, established by Commissioner’s Order 69–

9 96, issued March 7, 1969, is changed to the Of10 fice of Tax and Revenue. 

11 ‘‘(C) OFFICE OF FINANCE AND TREAS12 URY.—The name of the Office of Treasurer, es13 tablished by Mayor’s Order 89–244, dated Oc14 tober 23, 1989, is changed to the Office of Fi15 nance and Treasury. 

16 ‘‘(D) OFFICE OF FINANCIAL OPERATIONS

17 AND SYSTEMS.—The Office of the Controller, 

18 established by Mayor’s Order 89–243, dated 

19 October 23, 1989, and the Office of Financial 

20 Information Services, established by Mayor’s 

21 Order 89–244, dated October 23, 1989, are 

22 consolidated into the Office of Financial Oper23 ations and Systems. 

24 ‘‘(3) TRANSFERS.—Effective with the appoint25 ment of the first Chief Financial Officer under sub-
12 

•S 800 IS

1 section (b), the functions and personnel of the fol2 lowing offices are established as subordinate offices 

3 within the Office: 

4 ‘‘(A) The Office of Budget and Planning, 

5 headed by the Deputy Chief Financial Officer 

6 for the Office of Budget and Planning. 

7 ‘‘(B) The Office of Tax and Revenue, 

8 headed by the Deputy Chief Financial Officer 

9 for the Office of Tax and Revenue. 

10 ‘‘(C) The Office of Revenue Analysis, 

11 headed by the Deputy Chief Financial Officer 

12 for the Office of Revenue Analysis. 

13 ‘‘(D) The Office of Financial Operations 

14 and Systems, headed by the Deputy Chief Fi15 nancial Officer for the Office of Financial Oper16 ations and Systems. 

17 ‘‘(E) The Office of Finance and Treasury, 

18 headed by the District of Columbia Treasurer. 

19 ‘‘(F) The Lottery and Charitable Games 

20 Control Board, established by the Law to Le21 galize Lotteries, Daily Numbers Games, and 

22 Bingo and Raffles for Charitable Purposes in 

23 the District of Columbia, effective March 10, 

24 1981 (D.C. Law 3–172; D.C. Official Code § 

25 3–1301 et seq.). 
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1 ‘‘(4) SUPERVISOR.—The heads of the offices 

2 listed in paragraph (3) of this section shall serve at 

3 the pleasure of the Chief Financial Officer. 

4 ‘‘(5) APPOINTMENT AND REMOVAL OF OFFICE

5 EMPLOYEES.—The Chief Financial Officer shall ap6 point the heads of the subordinate offices designated 

7 in paragraph (3), after consultation with the Mayor 

8 and the Council. The Chief Financial Officer may 

9 remove the heads of the offices designated in para10 graph (3), after consultation with the Mayor and the 

11 Council. 

12 ‘‘(6) ANNUAL BUDGET SUBMISSION.—The Chief 

13 Financial Officer shall prepare and annually submit 

14 to the Mayor of the District of Columbia, for inclu15 sion in the annual budget of the District of Colum16 bia government for a fiscal year, annual estimates of 

17 the expenditures and appropriations necessary for 

18 the year for the operation of the Office and all other 

19 District of Columbia accounting, budget, and finan20 cial management personnel (including personnel of 

21 executive branch independent agencies) that report 

22 to the Office pursuant to this Act. 

23 ‘‘(7) DELEGATION.—The Chief Financial Offi24 cer may delegate any of his functions to any officers, 

25 executive, employee, or office of the Office of the 
14 

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1 Chief Financial Officer who may, with approval of 

2 the Chief Financial Officer, make further delegation 

3 of all or part of such functions to subordinates 

4 under his, her, or the office’s jurisdiction. 

5 ‘‘(b) APPOINTMENT OF THE CHIEF FINANCIAL OFFI6 CER.— 

7 ‘‘(1) APPOINTMENT.— 

8 ‘‘(A) IN GENERAL.—The Chief Financial 

9 Officer shall be appointed by the Mayor with 

10 the advice and consent, by resolution, of the 

11 Council. 

12 ‘‘(B) SPECIAL RULE FOR CONTROL

13 YEARS.—During a control year, the Chief Fi14 nancial Officer shall be appointed by the Mayor 

15 as follows: 

16 ‘‘(i) Prior to the appointment, the Au17 thority may submit recommendations for 

18 the appointment to the Mayor. 

19 ‘‘(ii) In consultation with the Author20 ity and the Council, the Mayor shall nomi21 nate an individual for appointment and no22 tify the Council of the nomination. 

23 ‘‘(iii) After the expiration of the 7-day 

24 period which begins on the date the Mayor 

25 notifies the Council of the nomination 
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1 under clause (ii), the Mayor shall notify 

2 the Authority of the nomination. 

3 ‘‘(iv) The nomination shall be effective 

4 subject to approval by a majority vote of 

5 the Authority. 

6 ‘‘(2) TERM.— 

7 ‘‘(A) IN GENERAL.—All appointments 

8 made after June 30, 2007, shall be for a term 

9 of 5 years, except for appointments made for 

10 the remainder of unexpired terms. The appoint11 ments shall have an anniversary date of July 1. 

12 ‘‘(B) TRANSITION.—For purposes of this 

13 section, the individual serving as Chief Finan14 cial Officer as of the date of enactment of the 

15 District of Columbia Independence of the Chief 

16 Financial Officer Act of 2005 shall be deemed 

17 to have been appointed under this subsection, 

18 except that such individual’s initial term of of19 fice shall begin upon such date and shall end on 

20 June 30, 2007. 

21 ‘‘(C) CONTINUANCE.—Any Chief Financial 

22 Officer may continue to serve beyond his term 

23 until a successor takes office. 

24 ‘‘(D) VACANCIES.—Any vacancy in the Of25 fice of Chief Financial Officer shall be filled in 
16 

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1 the same manner as the original appointment 

2 under paragraph (1). 

3 ‘‘(E) PAY.—The Chief Financial Officer 

4 shall be paid at an annual rate equal to the rate 

5 of basic pay payable for level I of the Executive 

6 Schedule. 

7 ‘‘(c) REMOVAL OF THE CHIEF FINANCIAL OFFI8 CER.— 

9 ‘‘(1) IN GENERAL.—The Chief Financial Officer 

10 may only be removed for cause by the Mayor. 

11 ‘‘(2) SPECIAL RULE FOR CONTROL YEARS.— 

12 During a control year, the Chief Financial Officer 

13 may be removed for cause by the Authority or by the 

14 Mayor with the approval of the Authority. 

15 ‘‘(d) DUTIES OF THE CHIEF FINANCIAL OFFICER.— 

16 Notwithstanding any other authority vested by this Act, 

17 the Chief Financial Officer shall have the following duties 

18 and shall take such steps as are necessary to perform 

19 these duties: 

20 ‘‘(1) During a control year, preparing the finan21 cial plan and the budget for the use of the Mayor 

22 for purposes of subtitle A of title II of the District 

23 of Columbia Financial Responsibility and Manage24 ment Assistance Act of 1995. 
17 

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1 ‘‘(2) Preparing the budgets of the District of 

2 Columbia for the year for the use of the Mayor for 

3 purposes of part D and preparing the 5-year finan4 cial plan based upon the adopted budget for submis5 sion with the District of Columbia budget by the 

6 Mayor to Congress. 

7 ‘‘(3) During a control year, assuring that all fi8 nancial information presented by the Mayor is pre9 sented in a manner, and is otherwise consistent 

10 with, the requirements of the District of Columbia 

11 Financial Responsibility and Management Assistance 

12 Act of 1995. 

13 ‘‘(4) Implementing appropriate procedures and 

14 instituting such programs, systems, and personnel 

15 policies within the Chief Financial Officer’s author16 ity, to ensure that budget, accounting, and personnel 

17 control systems and structures are synchronized for 

18 budgeting and control purposes on a continuing 

19 basis and to ensure that appropriations are not ex20 ceeded. 

21 ‘‘(5) Preparing and submitting to the Mayor 

22 and the Council, with the approval of the Authority 

23 during a control year, and making public— 

24 ‘‘(A) annual estimates of all revenues of 

25 the District of Columbia (without regard to the 
18 

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1 source of such revenues), including proposed 

2 revenues, which shall be binding on the Mayor 

3 and the Council for purposes of preparing and 

4 submitting the budget of the District govern5 ment for the year under part D of this title, ex6 cept that the Mayor and the Council may pre7 pare the budget based on estimates of revenues 

8 which are lower than those prepared by the 

9 Chief Financial Officer; and 

10 ‘‘(B) quarterly re-estimates of the revenues 

11 of the District of Columbia during the year. 

12 ‘‘(6) Supervising and assuming responsibility 

13 for financial transactions to ensure adequate control 

14 of revenues and resources. 

15 ‘‘(7) Maintaining systems of accounting and in16 ternal control designed to provide— 

17 ‘‘(A) full disclosure of the financial impact 

18 of the activities of the District government; 

19 ‘‘(B) adequate financial information need20 ed by the District government for management 

21 purposes; 

22 ‘‘(C) effective control over, and account23 ability for all funds, property, and other assets 

24 of the District of Columbia; and 
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1 ‘‘(D) reliable accounting results to serve as 

2 the basis for preparing and supporting agency 

3 budget requests and controlling the execution of 

4 the budget. 

5 ‘‘(8) Submitting to the Council a financial 

6 statement of the District government, containing 

7 such details and at such times as the Council may 

8 specify. 

9 ‘‘(9) Supervising and assuming responsibility 

10 for the assessment of all property subject to assess11 ment and special assessments within the corporate 

12 limits of the District of Columbia for taxation, pre13 paring tax maps, and providing such notice of taxes 

14 and special assessments (as may be required by 

15 law). 

16 ‘‘(10) Supervising and assuming responsibility 

17 for the levying and collection of all taxes, special as18 sessments, licensing fees, and other revenues of the 

19 District of Columbia (as may be required by law), 

20 and receiving all amounts paid to the District of Co21 lumbia from any source (including the Authority). 

22 ‘‘(11) Maintaining custody of all public funds 

23 belonging to or under the control of the District gov24 ernment (or any department or agency of the Dis25 trict government), and depositing all amounts paid 
20 

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1 in such depositories and under such terms and con2 ditions as may be designated by the Council (or by 

3 the Authority during a control year). 

4 ‘‘(12) Maintaining custody of all investment 

5 and invested funds of the District government or in 

6 possession of the District government in a fiduciary 

7 capacity, and maintaining the safekeeping of all 

8 bonds and notes of the District government and the 

9 receipt and delivery of District government bonds 

10 and notes for transfer, registration, or exchange. 

11 ‘‘(13) Apportioning the total of all appropria12 tions and funds made available during the year for 

13 obligation so as to prevent obligation or expenditure 

14 in a manner which would result in a deficiency or a 

15 need for supplemental appropriations during the 

16 year, and (with respect to appropriations and funds 

17 available for an indefinite period and all authoriza18 tions to create obligations by contract in advance of 

19 appropriations) apportioning the total of such appro20 priations, funds, or authorizations in the most effec21 tive and economical manner. 

22 ‘‘(14) Certifying all contracts and leases 

23 (whether directly or through delegation) prior to exe24 cution as to the availability of funds to meet the ob25 ligations expected to be incurred by the District gov-
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1 ernment under such contracts and leases during the 

2 year. 

3 ‘‘(15) Prescribing the forms of receipts, vouch4 ers, bills, and claims to be used by all agencies, of5 fices, and instrumentalities of the District govern6 ment. 

7 ‘‘(16) Certifying and approving prior to pay8 ment of all bills, invoices, payrolls, and other evi9 dences of claims, demands, or charges against the 

10 District government, and determining the regularity, 

11 legality, and correctness of such bills, invoices, pay12 rolls, claims, demands, or charges. 

13 ‘‘(17) In coordination with the Inspector Gen14 eral of the District of Columbia, performing internal 

15 audits of accounts and operations and records of the 

16 District government, including the examination of 

17 any accounts or records of financial transactions, 

18 giving due consideration to the effectiveness of ac19 counting systems, internal control, and related ad20 ministrative practices of the departments and agen21 cies of the District government. 

22 ‘‘(18) Exercising responsibility for the adminis23 tration and supervision of the District of Columbia 

24 Treasurer. 
22 

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1 ‘‘(19) Supervising and administering all bor2 rowing programs for the issuance of long-term and 

3 short-term indebtedness as well as other financing 

4 related programs of the District government. 

5 ‘‘(20) Administering the cash management pro6 gram of the District government, including the in7 vestment of surplus funds in governmental and non8 governmental interest-bearing securities and ac9 counts. 

10 ‘‘(21) Administering the centralized District 

11 government payroll and retirement systems (other 

12 than retirement systems for police officers, fire13 fighters, and teachers). 

14 ‘‘(22) Governing the accounting policies and 

15 systems applicable to the District government. 

16 ‘‘(23) Preparing appropriate annual, quarterly, 

17 and monthly financial reports of the accounting and 

18 financial operations of the District government. 

19 ‘‘(24) Not later than 120 days after the end of 

20 each fiscal year, preparing the complete financial 

21 statement and report on the activities of the District 

22 government for such fiscal year, for the use of the 

23 Mayor under section 448(a)(4). 

24 ‘‘(25) Preparing fiscal impact statements on 

25 regulations, multiyear contracts, contracts over 
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1 $1,000,000 and on legislation, as required by section 

2 4a of the General Legislative Procedures Act of 

3 1975. 

4 ‘‘(26) Preparing under the direction of the 

5 Mayor, who has the specific responsibility for formu6 lating budget policy using Chief Financial Officer 

7 technical and human resources, the budget for sub8 mission by the Mayor to the Council and to the pub9 lic and upon final adoption to Congress and to pub10 lic. 

11 ‘‘(27) Certifying all collective bargaining agree12 ments and nonunion pay proposals prior to submis13 sion to the Council for approval as to the availability 

14 of funds to meet the obligations expected to be in15 curred by the District government under such collec16 tive bargaining agreements and nonunion pay pro17 posals during the year. 

18 ‘‘(e) FUNCTIONS OF TREASURER.—The Treasurer 

19 shall have the following duties: 

20 ‘‘(1) Assisting the Chief Financial Officer in re21 porting revenues received by the District govern22 ment, including submitting annual and quarterly re23 ports concerning the cash position of the District 

24 government not later than 60 days after the last day 
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1 of the quarter (or year) involved. Each such report 

2 shall include the following: 

3 ‘‘(A) Comparative reports of revenue and 

4 other receipts by source, including tax, nontax, 

5 and Federal revenues, grants and reimburse6 ments, capital program loans, and advances. 

7 Each source shall be broken down into specific 

8 components. 

9 ‘‘(B) Statements of the cash flow of the 

10 District government for the preceding quarter 

11 or year, including receipts, disbursements, net 

12 changes in cash inclusive of the beginning bal13 ance, cash and investment, and the ending bal14 ance, inclusive of cash and investment. Such 

15 statements shall reflect the actual, planned, bet16 ter or worse dollar amounts and the percentage 

17 change with respect to the current quarter, 

18 year-to-date, and fiscal year. 

19 ‘‘(C) Quarterly cash flow forecast for the 

20 quarter or year involved, reflecting receipts, dis21 bursements, net change in cash inclusive of the 

22 beginning balance, cash and investment, and 

23 the ending balance, inclusive of cash and invest24 ment with respect to the actual dollar amounts 
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1 for the quarter or year, and projected dollar 

2 amounts for each of the 3 succeeding quarters. 

3 ‘‘(D) Monthly reports reflecting a detailed 

4 summary analysis of all District of Columbia 

5 government investments, including— 

6 ‘‘(i) the total of long-term and short7 term investments; 

8 ‘‘(ii) a detailed summary analysis of 

9 investments by type and amount, including 

10 purchases, sales (maturities), and interest; 

11 ‘‘(iii) an analysis of investment port12 folio mix by type and amount, including li13 quidity, quality/risk of each security, and 

14 similar information; 

15 ‘‘(iv) an analysis of investment strat16 egy, including near-term strategic plans 

17 and projects of investment activity, as well 

18 as forecasts of future investment strategies 

19 based on anticipated market conditions, 

20 and similar information; and 

21 ‘‘(v) an analysis of cash utilization, in22 cluding— 

23 ‘‘(I) comparisons of budgeted 

24 percentages of total cash to be in-
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1 vested with actual percentages of cash 

2 invested and the dollar amounts; 

3 ‘‘(II) comparisons of the next re4 turn on invested cash expressed in 

5 percentages (yield) with comparable 

6 market indicators and established Dis7 trict of Columbia government yield ob8 jectives; and 

9 ‘‘(III) comparisons of estimated 

10 dollar return against actual dollar 

11 yield. 

12 ‘‘(E) Monthly reports reflecting a detailed 

13 summary analysis of long-term and short-term 

14 borrowings inclusive of debt as authorized by 

15 section 603, in the current fiscal year and the 

16 amount of debt for each succeeding fiscal year 

17 not to exceed 5 years. All such reports shall re18 flect— 

19 ‘‘(i) the amount of debt outstanding 

20 by type of instrument; 

21 ‘‘(ii) the amount of authorized and 

22 unissued debt, including availability of 

23 short-term lines of credit, United States 

24 Treasury borrowings, and similar informa25 tion; 
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1 ‘‘(iii) a maturity schedule of the debt; 

2 ‘‘(iv) the rate of interest payable upon 

3 the debt; and 

4 ‘‘(v) the amount of debt service re5 quirements and related debt service re6 serves. 

7 ‘‘(2) Such other functions assigned to the Chief 

8 Financial Officer under subsection (d) as the Chief 

9 Financial Officer may delegate. 

10 ‘‘(f) DEFINITIONS.—For purposes of this section 

11 (and sections 424a and 424b)— 

12 ‘‘(1) the term ‘Authority’ means the District of 

13 Columbia Financial Responsibility and Management 

14 Assistance Authority established under section 

15 101(a) of the District of Columbia Financial Re16 sponsibility and Management Assistance Act of 

17 1995; 

18 ‘‘(2) the term ‘control year’ has the meaning 

19 given such term under section 305(4) of such Act; 

20 and 

21 ‘‘(3) the term ‘District government’ has the 

22 meaning given such term under section 305(5) of 

23 such Act.’’. 

24 (b) CLARIFICATION OF DUTIES OF CHIEF FINANCIAL

25 OFFICER AND MAYOR.— 
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1 (1) RELATION TO FINANCIAL DUTIES OF

2 MAYOR.—Section 448(a) of such Act (section 1– 

3 204.48(a), D.C. Official Code) is amended by strik4 ing ‘‘section 603,’’ and inserting ‘‘section 603 and 

5 except to the extent provided under section 424(d),’’. 

6 (2) RELATION TO MAYOR’S DUTIES REGARDING

7 ACCOUNTING SUPERVISION AND CONTROL.—Section 

8 449 of such Act (section 1–204.49, D.C. Official 

9 Code) is amended by striking ‘‘The Mayor’’ and in10 serting ‘‘Except to the extent provided under section 

11 424(d), the Mayor’’. 

12 SEC. 203. PERSONNEL AUTHORITY. 

13 (a) PROVIDING INDEPENDENT PERSONNEL AUTHOR14 ITY.— 

15 (1) IN GENERAL.—Part B of title IV of the 

16 District of Columbia Home Rule Act is amended by 

17 adding by adding at the end the following new sec18 tion: 

19 ‘‘AUTHORITY OF CHIEF FINANCIAL OFFICER OVER PER20 SONNEL OF OFFICE AND OTHER FINANCIAL PER21 SONNEL

22 ‘‘SEC. 424a. (a) IN GENERAL.—Notwithstanding any 

23 provision of law or regulation (including any law or regula24 tion providing for collective bargaining or the enforcement 

25 of any collective bargaining agreement), employees of the 

26 Office of the Chief Financial Officer of the District of Co-
29 

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1 lumbia, including personnel described in subsection (b), 

2 shall be appointed by, shall serve at the pleasure of, and 

3 shall act under the direction and control of the Chief Fi4 nancial Officer of the District of Columbia, and shall be 

5 considered at-will employees not covered by the District 

6 of Columbia Merit Personnel Act of 1978, except that 

7 nothing in this section may be construed to prohibit the 

8 Chief Financial Officer from entering into a collective bar9 gaining agreement governing such employees and per10 sonnel or to prohibit the enforcement of such an agree11 ment as entered into by the Chief Financial Officer. 

12 ‘‘(b) PERSONNEL.—The personnel described in this 

13 subsection are as follows: 

14 ‘‘(1) The General Counsel to the Chief Finan15 cial Officer and all other attorneys in the Office of 

16 the General Counsel within the Office of the Chief 

17 Financial Officer of the District of Columbia. 

18 ‘‘(2) All other individuals hired or retained as 

19 attorneys by the Chief Financial Officer or any of20 fice under the personnel authority of the Chief Fi21 nancial Officer, each of whom shall act under the di22 rection and control of the General Counsel to the 

23 Chief Financial Officer. 

24 ‘‘(3) Personnel of the Office not described in 

25 paragraph (1). 
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1 ‘‘(4) The heads and all personnel of the subor2 dinate offices of the Office (as described in section 

3 424(a)(2) and established as subordinate offices in 

4 section 424(a)(3)) and the Chief Financial Officers, 

5 Agency Fiscal Officers, and Associate Chief Finan6 cial Officers of all District of Columbia executive 

7 branch subordinate and independent agencies (in ac8 cordance with subsection (c)), together with all other 

9 District of Columbia accounting, budget, and finan10 cial management personnel (including personnel of 

11 executive branch independent agencies but not in12 cluding personnel of the legislative or judicial 

13 branches of the District government). 

14 ‘‘(c) APPOINTMENT OF CERTAIN EXECUTIVE

15 BRANCH AGENCY CHIEF FINANCIAL OFFICERS.— 

16 ‘‘(1) IN GENERAL.—The Chief Financial Offi17 cers and Associate Chief Financial Officers of all 

18 District of Columbia executive branch subordinate 

19 and independent agencies (other than those of a sub20 ordinate office of the Office) shall be appointed by 

21 the Chief Financial Officer, in consultation with the 

22 agency head, where applicable. The appointment 

23 shall be made from a list of qualified candidates de24 veloped by the Chief Financial Officer. 
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1 ‘‘(2) TRANSITION.—Any executive branch agen2 cy Chief Financial Officer appointed prior to the 

3 date of enactment of the District of Columbia Inde4 pendence of the Chief Financial Officer Act of 2005 

5 may continue to serve in that capacity without re6 appointment. 

7 ‘‘(d) INDEPENDENT AUTHORITY OVER LEGAL PER8 SONNEL.—Title VIII–B of the District of Columbia Gov9 ernment Comprehensive Merit Personnel Act of 1978 (sec10 tion 1–608.51 et seq., D.C. Official Code) shall not apply 

11 to the Office of the Chief Financial Officer or to attorneys 

12 employed by the Office.’’. 

13 (2) CLERICAL AMENDMENT.—The table of con14 tents of part B of title IV of the District of Colum15 bia Home Rule Act is amended by adding at the end 

16 the following new item: 

‘‘Sec. 424a. Authority of Chief Financial Officer over personnel of Office 

and other financial personnel.’’. 

17 (b) CONFORMING AMENDMENT.—Section 862 of the 

18 District of Columbia Government Comprehensive Merit 

19 Personnel Act of 1978 (D.C. Law 2–260; D.C. Official 

20 Code § 1–608.62) is amended by striking paragraph (2). 

21 SEC. 204. PROCUREMENT AUTHORITY. 

22 (a) PROVIDING INDEPENDENT AUTHORITY TO PRO23 CURE GOODS AND SERVICES.— 
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1 (1) IN GENERAL.—Part B of title IV of the 

2 District of Columbia Home Rule Act, as amended by 

3 section 203(a)(1), is further amended by adding at 

4 the end the following new section: 

5 ‘‘PROCUREMENT AUTHORITY OF THE CHIEF FINANCIAL

6 OFFICER

7 ‘‘SEC. 424b. The Chief Financial Officer shall carry 

8 out procurement of goods and services for the Office of 

9 the Chief Financial Officer through a procurement office 

10 or division which shall operate independently of, and shall 

11 not be governed by, the Office of Contracting and Procure12 ment established under the District of Columbia Procure13 ment Practices Act of 1986 or any successor office, except 

14 the provisions applicable under such Act to procurement 

15 carried out by the Chief Procurement Officer established 

16 by section 105 of such Act or any successor office shall 

17 apply with respect to the procurement carried out by the 

18 Chief Financial Officer’s procurement office or division.’’. 

19 (2) CLERICAL AMENDMENT.—The table of con20 tents of part B of title IV of the District of Colum21 bia Home Rule Act, as amended by section 

22 203(a)(2), is further amended by adding at the end 

23 following new item: 

‘‘Sec. 424b. Procurement authority of the Chief Financial Officer.’’. 
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1 (b) CONFORMING AMENDMENT.—Section 104 of the 

2 District of Columbia Procurement Practices Act of 1986 

3 (section 2–301.04, D.C. Official Code) is amended— 

4 (1) in subsection (a), by striking ‘‘, and the 

5 District of Columbia Financial Responsibility and 

6 Management Assistance Authority’’ and inserting 

7 the following: ‘‘the District of Columbia Financial 

8 Responsibility and Management Assistance Author9 ity, and (to the extent described in section 424b of 

10 the District of Columbia Home Rule Act) the Office 

11 of the Chief Financial Officer of the District of Co12 lumbia’’; and 

13 (2) in subsection (c), by striking the second and 

14 third sentences. 

15 (c) EFFECT DATE.—This section and the amend16 ments made by this section shall take effect 6 months 

17 after the date of enactment of this Act. 

18 SEC. 205. FISCAL IMPACT STATEMENTS. 

19 The General Legislative Procedures Act of 1975 (sec20 tion 1–301.45 et seq., D.C. Official Code) is amended by 

21 adding at the end the following new section: 

22 ‘‘FISCAL IMPACT STATEMENTS

23 ‘‘SEC. 4a. (a) BILLS AND RESOLUTIONS.— 

24 ‘‘(1) IN GENERAL.—Notwithstanding any other 

25 law, except as provided in subsection (c), all perma26 nent bills and resolutions shall be accompanied by a 
34 

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1 fiscal impact statement before final adoption by the 

2 Council. 

3 ‘‘(2) CONTENTS.—The fiscal impact statement 

4 shall include the estimate of the costs which will be 

5 incurred by the District as a result of the enactment 

6 of the measure in the current and each of the first 

7 four fiscal years for which the act or resolution is in 

8 effect, together with a statement of the basis for 

9 such estimate. 

10 ‘‘(b) APPROPRIATIONS.—Permanent and emergency 

11 acts which are accompanied by fiscal impact statements 

12 which reflect unbudgeted costs, shall be subject to appro13 priations prior to becoming effective. 

14 ‘‘(c) APPLICABILITY.—Subsection (a) shall not apply 

15 to emergency declaration, ceremonial, confirmation, and 

16 sense of the Council resolutions.’’. 

Æ