Title I
whom the District has borrowed funds, whether
through the issuance of bonds or otherwise; or
(2) to limit the authority of Congress to exer-
cise ultimate legislative authority over the District of
Columbia pursuant to Article I, section 8, clause 17
of the Constitution of the United States.
TITLE I—ESTABLISHMENT AND
ORGANIZATION OF AUTHORITY
SEC. 101. DISTRICT OF COLUMBIA FINANCIAL RESPON-
SIBILITY AND MANAGEMENT ASSISTANCE AU-
THORITY.
(a) ESTABLISHMENT.—Pursuant to Article I, section
8, clause 17 of the Constitution of the United States, there
is hereby established the District of Columbia Financial
Responsibility and Management Assistance Authority,
consisting of members appointed by the President in ac-
cordance with subsection (b). Subject to the conditions de-
scribed in section 108 and except as otherwise provided
in this Act, the Authority is established as an entity within
the government of the District of Columbia, and is not
established as a department, agency, establishment, or in-
strumentality of the United States Government.
(b) MEMBERSHIP.—
(1) IN GENERAL.—The Authority shall consist
of 5 members appointed by the President who meet
Title I
the qualifications described in subsection (c), except
that the Authority may take any action under this
Act (or any amendments made by this Act) at any
time after the President has appointed 3 of its mem-
bers.
(2) CONSULTATION
WITH
CONGRESS.—The
President shall appoint the members of the Author-
ity after consulting with the Chair of the Committee
on Appropriations and the Chair of the Committee
on Government Reform and Oversight of the House
of Representatives, the Chair of the Committee on
Appropriations and the Chair of the Committee on
Governmental Affairs of the Senate, and the Dele-
gate to the House of Representatives from the Dis-
trict of Columbia.
(3) CHAIR.—The President shall designate one
of the members of the Authority as the Chair of the
Authority.
(4) SENSE
OF
CONGRESS
REGARDING
DEAD-
LINE FOR APPOINTMENT.—It is the sense of Con-
gress that the President should appoint the members
of the Authority as soon as practicable after the
date of the enactment of this Act, but in no event
later than 25 days after the date of the enactment
of this Act.
Title I
(5) TERM OF SERVICE.—
(A) IN GENERAL.—Except as provided in
subparagraph (B), each member of the Author-
ity shall be appointed for a term of 3 years.
(B) APPOINTMENT FOR TERM FOLLOWING
INITIAL TERM.—As designated by the President
at the time of appointment for the term imme-
diately following the initial term, of the mem-
bers appointed for the term immediately follow-
ing the initial term—
(i) 1 member shall be appointed for a
term of 1 year;
(ii) 2 members shall be appointed for
a term of 2 years; and
(iii) 2 members shall be appointed for
a term of 3 years.
(C) REMOVAL.—The President may re-
move any member of the Authority only for
cause.
(c) QUALIFICATIONS FOR MEMBERSHIP.—An indi-
vidual meets the qualifications for membership on the Au-
thority if the individual—
(1) has knowledge and expertise in finance,
management, and the organization or operation of
business or government;
Title I
(2) does not provide goods or services to the
District government (and is not the spouse, parent,
child, or sibling of an individual who provides goods
and services to the District government);
(3) is not an officer or employee of the District
government; and
(4) during the most recent taxable year prior to
appointment, paid personal income or business taxes
to the District government.
(d) NO COMPENSATION FOR SERVICE.—Members of
the Authority shall serve without pay, but may receive re-
imbursement for any reasonable and necessary expenses
incurred by reason of service on the Authority.
(e) ADOPTION OF BY-LAWS FOR CONDUCTING BUSI-
NESS OF AUTHORITY.—
(1) IN GENERAL.—As soon as practicable after
the appointment of its members, the Authority shall
adopt by-laws, rules, and procedures governing its
activities under this Act, including procedures for
hiring experts and consultants. Such by-laws, rules,
and procedures shall be public documents, and shall
be submitted by the Authority upon adoption to the
Mayor, the Council, the President, and Congress.
(2) CERTAIN ACTIVITIES REQUIRING APPROVAL
OF
MAJORITY
OF
MEMBERS.—Under the by-laws
Title I
adopted pursuant to paragraph (1), the Authority
may conduct its operations under such procedures as
it considers appropriate, except that an affirmative
vote of a majority of the members of the Authority
shall be required in order for the Authority to—
(A) approve or disapprove a financial plan
and budget under subtitle A of title II;
(B) implement recommendations on finan-
cial stability and management responsibility
under section 207;
(C) give consent to the appointment of the
Chief Financial Officer of the District of Co-
lumbia under section 424 of the District of Co-
lumbia Self-Government and Governmental Re-
organization Act (as added by section 302); and
(D) give consent to the appointment of the
Inspector General of the District of Columbia
under section 208(a) of the District of Colum-
bia Procurement Practices Act of 1985 (as
amended by section 303(a)).
(3) ADOPTION OF RULES AND REGULATIONS OF
DISTRICT OF COLUMBIA.—The Authority may incor-
porate in its by-laws, rules, and procedures under
this subsection such rules and regulations of the
District government as it considers appropriate to
Title I
(d) STAFF OF FEDERAL AGENCIES.—Upon request
of the Chair, the head of any Federal department or
agency may detail, on a reimbursable or non-reimbursable
basis, any of the personnel of that department or agency
to the Authority to assist it in carrying out its duties
under this Act.
(e) PRESERVATION OF RETIREMENT AND CERTAIN
OTHER RIGHTS OF FEDERAL EMPLOYEES WHO BECOME
EMPLOYED BY THE AUTHORITY.—
(1) IN
GENERAL.—A Federal employee who,
within 2 months after separating from the Federal
Government, becomes employed by the Authority—
(A) may elect, for purposes of the retire-
ment system in which that individual last par-
ticipated before so separating, to have such in-
dividual’s period of service with the Authority
treated in the same way as if performed in the
position within the Federal Government from
which separated, subject to the requisite em-
ployee deductions and agency contributions
being currently deposited in the appropriate
fund; and
(B) if, after serving with the Authority,
such employee becomes reemployed by the Fed-
eral Government, shall be entitled to credit, for
Title I
the full period of such individual’s service with
the Authority, for purposes of determining the
applicable leave accrual rate.
(2) RETIREMENT.—
(A) CONTRIBUTIONS.—For purposes of
subparagraph (A) of paragraph (1)—
(i) the employee deductions referred
to in such paragraph shall be made from
basic pay for service with the Authority,
and shall be computed using the same per-
centage as would then apply if the individ-
ual were instead serving in the position
within the Federal Government from which
separated; and
(ii) the agency contributions referred
to in such paragraph shall be made by the
Authority.
(B) 
DOUBLE
COVERAGE
NOT
PER-
MITTED.—An individual who makes an election
under paragraph (1)(A) shall be ineligible, while
such election remains in effect, to participate in
any retirement system for employees of the gov-
ernment of the District of Columbia.
(3) REGULATIONS.—The Office of Personnel
Management shall prescribe such regulations as may
Title I
be necessary to carry out this subsection. Regula-
tions to carry out paragraph (1)(A) shall be pre-
scribed in consultation with the office or agency of
the government of the District of Columbia having
jurisdiction over any retirement system referred to
in paragraph (2)(B).
SEC. 103. POWERS OF AUTHORITY.
(a) HEARINGS AND SESSIONS.—The Authority may,
for the purpose of carrying out this Act, hold hearings,
sit and act at times and places, take testimony, and re-
ceive evidence as the Authority considers appropriate. The
Authority may administer oaths or affirmations to wit-
nesses appearing before it.
(b) POWERS OF MEMBERS AND AGENTS.—Any mem-
ber or agent of the Authority may, if authorized by the
Authority, take any action which the Authority is author-
ized to take by this section.
(c) OBTAINING OFFICIAL DATA.—
(1) FROM
FEDERAL
GOVERNMENT.—Notwith-
standing sections 552 (commonly known as the
Freedom of Information Act) and 552b (the Govern-
ment in the Sunshine Act) of title 5, United States
Code, the Authority may secure directly from any
department or agency of the United States informa-
tion necessary to enable it to carry out this Act, with
Title I
the approval of the head of that department or
agency.
(2) FROM
DISTRICT
GOVERNMENT.—Notwith-
standing any other provision of law, the Authority
shall have the right to secure copies of such records,
documents, information, or data from any entity of
the District government necessary to enable the Au-
thority to carry out its responsibilities under this
Act. At the request of the Authority, the Authority
shall be granted direct access to such information
systems, records, documents or information or data
as will enable the Authority to carry out its respon-
sibilities under this Act. The head of the entity of
the District government responsible shall provide the
Authority with such information and assistance (in-
cluding granting the Authority direct access to auto-
mated or other information systems) as the Author-
ity requires under this paragraph.
(d) GIFTS, BEQUESTS, AND DEVISES.—The Author-
ity may accept, use, and dispose of gifts, bequests, or de-
vises of services or property, both real and personal, for
the purpose of aiding or facilitating the work of the Au-
thority. Gifts, bequests, or devises of money and proceeds
from sales of other property received as gifts, bequests,
or devises shall be deposited in such account as the Au-
Title I
thority may establish and shall be available for disburse-
ment upon order of the Chair.
(e) SUBPOENA POWER.—
(1) IN
GENERAL.—The Authority may issue
subpoenas requiring the attendance and testimony of
witnesses and the production of any evidence relat-
ing to any matter under investigation by the Author-
ity. The attendance of witnesses and the production
of evidence may be required from any place within
the United States at any designated place of hearing
within the United States.
(2) FAILURE TO OBEY A SUBPOENA.—If a per-
son refuses to obey a subpoena issued under para-
graph (1), the Authority may apply to a United
States district court for an order requiring that per-
son to appear before the Authority to give testimony,
produce evidence, or both, relating to the matter
under investigation. The application may be made
within the judicial district where the hearing is con-
ducted or where that person is found, resides, or
transacts business. Any failure to obey the order of
the court may be punished by the court as civil
contempt.
(3) SERVICE OF SUBPOENAS.—The subpoenas
of the Authority shall be served in the manner pro-
Title I
vided for subpoenas issued by United States district
court under the Federal Rules of Civil Procedure for
the United States district courts.
(4) SERVICE OF PROCESS.—All process of any
court to which application is be made under para-
graph (2) may be served in the judicial district in
which the person required to be served resides or
may be found.
(f) ADMINISTRATIVE SUPPORT SERVICES.—Upon the
request of the Authority, the Administrator of General
Services may provide to the Authority, on a reimbursable
basis, the administrative support services necessary for the
Authority to carry out its responsibilities under this Act.
(g) AUTHORITY TO ENTER INTO CONTRACTS.—The
Executive Director may enter into such contracts as the
Executive Director considers appropriate (subject to the
approval of the Chair) to carry out the Authority’s respon-
sibilities under this Act.
(h) CIVIL ACTIONS TO ENFORCE POWERS.—The Au-
thority may seek judicial enforcement of its authority to
carry out its responsibilities under this Act.
(i) PENALTIES.—
(1) ACTS
PROHIBITED.—Any officer or em-
ployee of the District government who—
Title I
(A) takes any action in violation of any
valid order of the Authority or fails or refuses
to take any action required by any such order;
or
(B) prepares, presents, or certifies any in-
formation (including any projections or esti-
mates) or report for the Board or any of its
agents that is false or misleading, or, upon
learning that any such information is false or
misleading, fails to immediately advise the
Board or its agents thereof in writing,
shall be guilty of a misdemeanor.
(2) ADMINISTRATIVE DISCIPLINE.—In addition
to any other applicable penalty, any officer or em-
ployee of the District government who knowingly
and willfully violates paragraph (1) shall be subject
to appropriate administrative discipline, including
(when appropriate) suspension from duty without
pay or removal from office by order of either the
Mayor or Authority.
(3) REPORT BY MAYOR ON DISCIPLINARY AC-
TIONS TAKEN.—In the case of a violation of para-
graph (1) by an officer or employee of the District
government, the Mayor shall immediately report to
Title I
the Board all pertinent facts together with a state-
ment of the action taken thereon.
SEC. 104. EXEMPTION FROM LIABILITY FOR CLAIMS.
The Authority and its members may not be liable for
any obligation of or claim against the District of Columbia
resulting from actions taken to carry out this Act.
SEC. 105. TREATMENT OF ACTIONS ARISING FROM ACT.
(a) JURISDICTION
ESTABLISHED
IN
DISTRICT
COURT FOR DISTRICT OF COLUMBIA.—Except as pro-
vided in section 103(e)(2) (relating to the issuance of an
order enforcing a subpoena), any action against the Au-
thority or any action otherwise arising out of this Act, in
whole or in part, shall be brought in the United States
District Court for the District of Columbia.
(b) PROMPT APPEAL.—
(1) COURT OF APPEALS.—Notwithstanding any
other provision of law, any order of the United
States District Court for the District of Columbia
which is issued pursuant to an action brought under
subsection (a) shall be reviewable only pursuant to
a notice of appeal to the United States Court of Ap-
peals for the District of Columbia Circuit.
(2) SUPREME
COURT.—Notwithstanding any
other provision of law, review by the Supreme Court
of the United States of a decision of the Court of
Title I
Appeals which is issued pursuant to paragraph (1)
may be had only if the petition for such review is
filed within 10 days after the entry of such decision.
(c) TIMING
OF RELIEF.—No order of any court
granting declaratory or injunctive relief against the Au-
thority, including relief permitting or requiring the obliga-
tion, borrowing, or expenditure of funds, shall take effect
during the pendency of the action before such court, dur-
ing the time appeal may be taken, or (if appeal is taken)
during the period before the court has entered its final
order disposing of such action.
(d) EXPEDITED CONSIDERATION.—It shall be the
duty of the United States District Court for the District
of Columbia, the United States Court of Appeals for the
District of Columbia Circuit, and the Supreme Court of
the United States to advance on the docket and to expe-
dite to the greatest possible extent the disposition of any
matter brought under subsection (a).
SEC. 106. FUNDING FOR OPERATION OF AUTHORITY.
(a) ANNUAL BUDGETING PROCESS.—
(1) SUBMISSION OF BUDGET.—The Authority
shall submit a proposed budget for each fiscal year
to the President for inclusion in the annual budget
for the District of Columbia under part D of title IV
of the District of Columbia Self-Government and
Title I
Governmental Reorganization Act not later than the
May 1 prior to the first day of the fiscal year. In
the case of the budget for fiscal year 1996, the Au-
thority shall submit its proposed budget not later
than July 15, 1995.
(2) CONTENTS OF BUDGET.—The budget shall
describe—
(A) expenditures of the Authority by each
object class, including expenditures for staff of
the Authority;
(B) services of personnel and other services
provided by or on behalf of the Authority for
which the Authority made no reimbursement;
and
(C) any gifts or bequests made to the au-
thority during the previous fiscal year.
(3) APPROPRIATIONS REQUIRED.—No amount
may be obligated or expended by the Authority for
a fiscal year (beginning with fiscal year 1996) unless
such amount has been approved by Act of Congress,
and then only according to such Act.
(4) 
CONFORMING
AMENDMENT.—Section
453(c) of the District of Columbia Self-Government
and Governmental Reorganization Act (sec. 47–
304.1(c), D.C. Code) is amended by striking the pe-
Title I
riod at the end and inserting the following: ‘‘, or to
the District of Columbia Financial Responsibility
and Management Assistance Authority established
under section 101(a) of the District of Columbia Fi-
nancial Responsibility and Management Assistance
Act of 1995.’’.
(b) SPECIAL RULE FOR FUNDING OF OPERATIONS
DURING FISCAL YEAR 1995.—As soon as practicable
after the appointment of its members, the Authority shall
submit to the Mayor and the President—
(1) a request for reprogramming of funds under
subsection (c)(1); and
(2) a description of anticipated expenditures of
the Authority for fiscal year 1995 (which shall be
transmitted to Congress).
(c) SOURCES OF FUNDS.—
(1) USE OF PREVIOUSLY APPROPRIATED FUNDS
IN
DISTRICT
BUDGET.—The Mayor shall transfer
funds previously appropriated to the District govern-
ment for a fiscal year for auditing and consulting
services to the Authority (in such amounts as are
provided in the budget request of the Authority
under subsection (a) or, with respect to fiscal year
1995, the request submitted under subsection
Title I
(b)(1)) for the purpose of carrying out the
Authority’s activities during the fiscal year.
(2) OTHER SOURCES OF FUNDS.—For provi-
sions describing the sources of funds available for
the operations of the Authority during a fiscal year
(in addition to any interest earned on accounts of
the 
Authority 
during 
the 
year), 
see 
section
204(b)(1)(A) (relating to the set-aside of amounts
requisitioned from the Treasury by the Mayor) and
section 213(b)(3) (relating to the use of interest ac-
crued from amounts in a debt service reserve fund
of the Authority).
SEC. 107. SUSPENSION OF ACTIVITIES.
(a) SUSPENSION UPON PAYMENT
OF AUTHORITY
OBLIGATIONS.—
(1) IN GENERAL.—Upon the expiration of the
12-month period which begins on the date that the
Authority certifies that all obligations arising from
the issuance by the Authority of bonds, notes, or
other obligations pursuant to subtitle B of title II
have been discharged, and that all borrowings by or
on behalf of the District of Columbia pursuant to
title VI of the District of Columbia Revenue Act of
1939 (sec. 47–3401, D.C. Code) have been repaid,
the Authority shall suspend any activities carried out
Title I
under this Act and the terms of the members of the
Authority shall expire.
(2) NO SUSPENSION DURING CONTROL YEAR.—
The Authority may not suspend its activities pursu-
ant to paragraph (1) at any time during a control
year.
(b) REACTIVATION UPON INITIATION OF CONTROL
PERIOD.—Upon receiving notice from the Chairs of the
Appropriations Committees of the House of Representa-
tives and the Senate that a control period has been initi-
ated (as described in section 209) at any time after the
Authority suspends its activities under subsection (a), the
President shall appoint members of the Authority, and the
Authority shall carry out activities under this Act, in the
same manner as the President appointed members and the
Authority carried out activities prior to such suspension.
SEC. 108. APPLICATION OF LAWS OF DISTRICT OF COLUM-
BIA TO AUTHORITY.
(a) IN GENERAL.—The following laws of the District
of Columbia (as in effect on the date of the enactment
of this Act) shall apply to the members and activities of
the Authority:
(1) Section 742 of the District of Columbia
Self-Government and Governmental Reorganization
Act (sec. 1–1504, D.C. Code).
Title I
(2) Sections 201 through 206 of the District of
Columbia Freedom of Information Act (secs. 1–1521
through 1–1526, D.C. Code).
(3) Section 601 of the District of Columbia
Campaign Finance Reform and Conflict of Interest
Act (sec. 1–1461, D.C. Code).
(b) NO CONTROL, SUPERVISION, OVERSIGHT, OR RE-
VIEW BY MAYOR OR COUNCIL.—
(1) IN GENERAL.—Neither the Mayor nor the
Council may exercise any control, supervision, over-
sight, or review over the Authority or its activities.
(2) PROHIBITION
AGAINST
LEGISLATION
AF-
FECTING AUTHORITY.—Section 602(a) of the Dis-
trict of Columbia Self-Government and Govern-
mental Reorganization Act (sec. 1–233(a), D.C.
Code) is amended—
(A) by striking ‘‘or’’ at the end of para-
graph (8);
(B) by striking the period at the end of
paragraph (9) and inserting ‘‘; or’’; and
(C) by adding at the end the following new
paragraph:
‘‘(10) enact any act, resolution, or rule with re-
spect to the District of Columbia Financial Respon-
sibility and Management Assistance Authority estab-
Title II, Subtitle A
lished under section 101(a) of the District of Colum-
bia Financial Responsibility and Management As-
sistance Act of 1995.’’.
(c) AUTHORITY NOT SUBJECT TO REPRESENTATION
BY CORPORATION COUNSEL.—In any action brought by
or on behalf of the Authority, and in any action brought
against the Authority, the Authority shall be represented
by such counsel as it may select, but in no instance may
the Authority be represented by the Corporation Counsel
of the District of Columbia.
TITLE II—RESPONSIBILITIES OF
AUTHORITY
Subtitle A—Establishment and En-
forcement of Financial Plan and
Budget for District Government
SEC. 201. DEVELOPMENT OF FINANCIAL PLAN AND BUDG-
ET FOR DISTRICT OF COLUMBIA.
(a) DEVELOPMENT OF FINANCIAL PLAN AND BUDG-
ET.—For each fiscal year for which the District govern-
ment is in a control period, the Mayor shall develop and
submit to the Authority a financial plan and budget for
the District of Columbia in accordance with this section.
(b) CONTENTS OF FINANCIAL PLAN AND BUDGET.—
A financial plan and budget for the District of Columbia
for a fiscal year shall specify the budgets for the District
Title II, Subtitle A
government under part D of title IV of the District of Co-
lumbia Self-Government and Governmental Reorganiza-
tion Act for the applicable fiscal year and the next 3 fiscal
years (including the projected revenues and expenditures
of each fund of the District government for such years),
in accordance with the following requirements:
(1) The financial plan and budget shall meet
the standards described in subsection (c) to promote
the financial stability of the District government.
(2) The financial plan and budget shall provide
for estimates of revenues and expenditures on a
modified accrual basis.
(3) The financial plan and budget shall—
(A) describe lump sum expenditures by de-
partment by object class;
(B) describe capital expenditures (together
with a schedule of projected capital commit-
ments of the District government and proposed
sources of funding);
(C) contain estimates of short-term and
long-term debt (both outstanding and antici-
pated to be issued); and
(D) contain cash flow forecasts for each
fund of the District government at such inter-
vals as the Authority may require.
Title II, Subtitle A
(4) The financial plan and budget shall include
a statement describing methods of estimations and
significant assumptions.
(5) The financial plan and budget shall include
any other provisions and shall meet such other cri-
teria as the Authority considers appropriate to meet
the purposes of this Act, including provisions for
changes in personnel policies and levels for each de-
partment or agency of the District government,
changes in the structure and organization of the
District government, and management initiatives to
promote productivity, improvement in the delivery of
services, or cost savings.
(c) STANDARDS TO PROMOTE FINANCIAL STABILITY
DESCRIBED.—
(1) IN GENERAL.—The standards to promote
the financial stability of the District government ap-
plicable to the financial plan and budget for a fiscal
year are as follows:
(A) In the case of the financial plan and
budget for fiscal year 1996, the expenditures of
the District government for each fiscal year (be-
ginning with fiscal year 1999) may not exceed
the revenues of the District government for
each such fiscal year.
Title II, Subtitle A
(B) During fiscal years 1996, 1997, and
1998, the District government shall make con-
tinuous, substantial progress towards equalizing
the expenditures and revenues of the District
government for such fiscal years (in equal an-
nual installments to the greatest extent pos-
sible).
(C) The District government shall provide
for the orderly liquidation of the cumulative
fund balance deficit of the District government,
as evidenced by financial statements prepared
in accordance with generally accepted account-
ing principles.
(D) If funds in accounts of the District
government which are dedicated for specific
purposes have been withdrawn from such ac-
counts for other purposes, the District govern-
ment shall fully restore the funds to such ac-
counts.
(E) The financial plan and budget shall as-
sure the continuing long-term financial stability
of the District government, as indicated by fac-
tors including access to short-term and long-
term capital markets, the efficient management
of the District government’s workforce, and the
Title II, Subtitle A
effective provision of services by the District
government.
(2) APPLICATION OF SOUND BUDGETARY PRAC-
TICES.—In meeting the standards described in para-
graph (1) with respect to a financial plan and budg-
et for a fiscal year, the District government shall
apply sound budgetary practices, including reducing
costs and other expenditures, improving productivity,
increasing revenues, or combinations of such prac-
tices.
(3) ASSUMPTIONS BASED ON CURRENT LAW.—
In meeting the standards described in paragraph (1)
with respect to a financial plan and budget for a fis-
cal year, the District government shall base esti-
mates of revenues and expenditures on Federal law
as in effect at the time of the preparation of the fi-
nancial plan and budget.
(d) REPEAL OF OFFSETS AGAINST FEDERAL PAY-
MENT AND OTHER DISTRICT REVENUES.—Section 138 of
the District of Columbia Appropriations Act, 1995, is
amended—
(1) by striking subsection (c); and
(2) by redesignating subsections (d) and (e) as
subsections (c) and (d).
Title II, Subtitle A
SEC. 202. PROCESS FOR SUBMISSION AND APPROVAL OF FI-
NANCIAL 
PLAN 
AND 
ANNUAL 
DISTRICT
BUDGET.
(a) SUBMISSION OF PRELIMINARY FINANCIAL PLAN
AND BUDGET BY MAYOR.—Not later than the February
1 preceding a fiscal year for which the District govern-
ment is in a control period, the Mayor shall submit to the
Authority and the Council a financial plan and budget for
the fiscal year which meets the requirements of section
201.
(b) REVIEW BY AUTHORITY.—Upon receipt of the fi-
nancial plan and budget for a fiscal year from the Mayor
under subsection (a), the Authority shall promptly review
the financial plan and budget. In conducting the review,
the Authority may request any additional information it
considers necessary and appropriate to carry out its duties
under this subtitle.
(c) ACTION UPON APPROVAL OF MAYOR’S PRELIMI-
NARY FINANCIAL PLAN AND BUDGET.—
(1) CERTIFICATION TO MAYOR.—
(A) IN GENERAL.—If the Authority deter-
mines that the financial plan and budget for the
fiscal year submitted by the Mayor under sub-
section (a) meets the requirements applicable
under section 201—
Title II, Subtitle A
(i) the Authority shall approve the fi-
nancial plan and budget and shall provide
the Mayor, the Council, the President, and
Congress with a notice certifying its ap-
proval; and
(ii) the Mayor shall promptly submit
the financial plan and budget to the Coun-
cil pursuant to section 442 of the District
of Columbia Self-Government and Govern-
mental Reorganization Act.
(B) DEEMED APPROVAL AFTER 30 DAYS.—
(i) IN
GENERAL.—If the Authority
has not provided the Mayor, the Council,
and Congress with a notice certifying ap-
proval under subparagraph (A)(i) or a
statement of disapproval under subsection
(d)(1) upon the expiration of the 30-day
period which begins on the date the Au-
thority receives the financial plan and
budget from the Mayor under subsection
(a), the Authority shall be deemed to have
approved the financial plan and budget
and to have provided the Mayor, the Coun-
cil, the President, and Congress with the
Title II, Subtitle A
notice certifying approval described in sub-
paragraph (A)(i).
(ii) EXPLANATION
OF
FAILURE
TO
RESPOND.—If clause (i) applies with re-
spect to a financial plan and budget, the
Authority shall provide the Mayor, the
Council, the President and Congress with
an explanation for its failure to provide the
notice certifying approval or the statement
of disapproval during the 30-day period de-
scribed in such clause.
(2) ADOPTION OF FINANCIAL PLAN AND BUDG-
ET BY COUNCIL AFTER RECEIPT OF APPROVED FI-
NANCIAL PLAN AND BUDGET.—Notwithstanding the
first sentence of section 446 of the District of Co-
lumbia Self-Government and Governmental Reorga-
nization Act, not later than 30 days after receiving
the financial plan and budget for the fiscal year
from the Mayor under paragraph (1)(A)(ii), 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 sub-
mit such financial plan and budget to the Mayor and
the Authority.
Title II, Subtitle A
(3) REVIEW OF COUNCIL FINANCIAL PLAN AND
BUDGET BY AUTHORITY.—Upon receipt of the finan-
cial plan and budget for a fiscal year from the Coun-
cil under paragraph (2) (taking into account any
items or provisions disapproved by the Mayor or dis-
approved by the Mayor and reenacted by the Council
under section 404(f) of the District of Columbia
Self-Government and Governmental Reorganization
Act, as amended by subsection (f)(2)), the Authority
shall promptly review the financial plan and budget.
In conducting the review, the Authority may request
any additional information it considers necessary
and appropriate to carry out its duties under this
subtitle.
(4) RESULTS OF AUTHORITY REVIEW OF COUN-
CIL’S INITIAL FINANCIAL PLAN AND BUDGET.—
(A) APPROVAL OF COUNCIL’S INITIAL FI-
NANCIAL PLAN AND BUDGET.—If the Authority
determines that the financial plan and budget
for the fiscal year submitted by the Council
under paragraph (2) meets the requirements
applicable under section 201—
(i) the Authority shall approve the fi-
nancial plan and budget and shall provide
the Mayor, the Council, the President, and
Title II, Subtitle A
Congress with a notice certifying its ap-
proval; and
(ii) the Council shall promptly submit
the financial plan and budget to the Mayor
for transmission to the President and Con-
gress under section 446 of the District of
Columbia Self-Government and Govern-
mental Reorganization Act.
(B) DISAPPROVAL OF COUNCIL’S INITIAL
BUDGET.—If the Authority determines that the
financial plan and budget for the fiscal year
submitted by the Council under paragraph (2)
does not meet the requirements applicable
under section 201, the Authority shall dis-
approve the financial plan and budget, and
shall provide the Mayor, the Council, the Presi-
dent, and Congress with a statement contain-
ing—
(i) the reasons for such disapproval;
(ii) the amount of any shortfall in the
budget or financial plan; and
(iii) any recommendations for revi-
sions to the budget the Authority considers
appropriate to ensure that the budget is
Title II, Subtitle A
consistent with the financial plan and
budget.
(C) DEEMED APPROVAL AFTER 15 DAYS.—
(i) IN
GENERAL.—If the Authority
has not provided the Mayor, the Council,
the President, and Congress with a notice
certifying approval under subparagraph
(A)(i) or a statement of disapproval under
subparagraph (B) upon the expiration of
the 15-day period which begins on the date
the Authority receives the financial plan
and budget from the Council under para-
graph (2), the Authority shall be deemed
to have approved the financial plan and
budget and to have provided the Mayor,
the Council, the President, and Congress
with the notice certifying approval de-
scribed in subparagraph (A)(i).
(ii) EXPLANATION
OF
FAILURE
TO
RESPOND.—If clause (i) applies with re-
spect to a financial plan and budget, the
Authority shall provide the Mayor, the
Council, the President and Congress with
an explanation for its failure to provide the
notice certifying approval or the statement
Title II, Subtitle A
of disapproval during the 15-day period de-
scribed in such clause.
(5) AUTHORITY REVIEW OF COUNCIL’S REVISED
FINANCIAL PLAN AND BUDGET.—
(A) SUBMISSION
OF
COUNCIL’S
REVISED
FINANCIAL PLAN AND BUDGET.—Not later than
15 days after receiving the statement from the
Authority under paragraph (4)(B), the Council
shall promptly by Act adopt a revised financial
plan and budget for the fiscal year which ad-
dresses the reasons for the Authority’s dis-
approval cited in the statement, and shall sub-
mit such financial plan and budget to the
Mayor and the Authority.
(B) APPROVAL OF COUNCIL’S REVISED FI-
NANCIAL PLAN AND BUDGET.—If, after review-
ing the revised financial plan and budget for a
fiscal year submitted by the Council under sub-
paragraph (A) in accordance with the proce-
dures described in this subsection, the Author-
ity determines that the revised financial plan
and budget meets the requirements applicable
under section 201—
(i) the Authority shall approve the fi-
nancial plan and budget and shall provide
Title II, Subtitle A
the Mayor, the Council, the President, and
Congress with a notice certifying its ap-
proval; and
(ii) the Council shall promptly submit
the financial plan and budget to the Mayor
for transmission to the President and Con-
gress under section 446 of the District of
Columbia Self-Government and Govern-
mental Reorganization Act.
(C) DISAPPROVAL OF COUNCIL’S REVISED
FINANCIAL PLAN AND BUDGET.—
(i) IN GENERAL.—If, after reviewing
the revised financial plan and budget for a
fiscal year submitted by the Council under
subparagraph (A) in accordance with the
procedures described in this subsection, the
Authority determines that the revised fi-
nancial plan and budget does not meet the
applicable requirements under section 201,
the Authority shall—
(I) disapprove the financial plan
and budget;
(II) provide the Mayor, the
Council, the President, and Congress
with a statement containing the rea-
Title II, Subtitle A
sons for such disapproval and describ-
ing the amount of any shortfall in the
financial plan and budget; and
(III) approve and recommend a
financial plan and budget for the Dis-
trict government which meets the ap-
plicable requirements under section
201, and submit such financial plan
and budget to the Mayor, the Council,
the President, and Congress.
(ii) TRANSMISSION OF REJECTED FI-
NANCIAL PLAN AND BUDGET.—The Coun-
cil shall promptly submit the revised finan-
cial plan and budget disapproved by the
Authority under this subparagraph to the
Mayor for transmission to the President
and Congress under section 446 of the
District of Columbia Self-Government and
Governmental Reorganization Act.
(D) DEEMED APPROVAL AFTER 15 DAYS.—
(i) IN
GENERAL.—If the Authority
has not provided the Mayor, the Council,
the President, and Congress with a notice
certifying approval under subparagraph
(B)(i) or a statement of disapproval under
Title II, Subtitle A
subparagraph (C) upon the expiration of
the 15-day period which begins on the date
the Authority receives the revised financial
plan and budget submitted by the Council
under subparagraph (A), the Authority
shall be deemed to have approved the re-
vised financial plan and budget and to
have provided the Mayor, the Council, the
President, and Congress with the notice
certifying approval described in subpara-
graph (B)(i).
(ii) EXPLANATION
OF
FAILURE
TO
RESPOND.—If clause (i) applies with re-
spect to a financial plan and budget, the
Authority shall provide the Mayor, the
Council, the President and Congress with
an explanation for its failure to provide the
notice certifying approval or the statement
of disapproval during the 15-day period de-
scribed in such clause.
(6) DEADLINE FOR TRANSMISSION OF FINAN-
CIAL PLAN AND BUDGET BY AUTHORITY.—Notwith-
standing any other provision of this section, not
later than the June 15 preceding each fiscal year
which is a control year, the Authority shall—
Title II, Subtitle A
(A) provide Congress with a notice certify-
ing its approval of the Council’s initial financial
plan and budget for the fiscal year under para-
graph (4)(A);
(B) provide Congress with a notice certify-
ing its approval of the Council’s revised finan-
cial plan and budget for the fiscal year under
paragraph (5)(B); or
(C) submit to Congress an approved and
recommended financial plan and budget of the
Authority for the District government for the
fiscal year under paragraph (5)(C).
(d) ACTION UPON DISAPPROVAL OF MAYOR’S PRE-
LIMINARY FINANCIAL PLAN AND BUDGET.—
(1) STATEMENT OF DISAPPROVAL.—If the Au-
thority determines that the financial plan and budg-
et for the fiscal year submitted by the Mayor under
subsection (a) does not meet the requirements appli-
cable under section 201, the Authority shall dis-
approve the financial plan and budget, and shall
provide the Mayor and the Council with a statement
containing—
(A) the reasons for such disapproval;
(B) the amount of any shortfall in the fi-
nancial plan and budget; and
Title II, Subtitle A
(C) any recommendations for revisions to
the financial plan and budget the Authority
considers appropriate to ensure that the finan-
cial plan and budget meets the requirements
applicable under section 201.
(2) AUTHORITY REVIEW OF MAYOR’S REVISED
FINANCIAL PLAN AND BUDGET.—
(A) SUBMISSION OF MAYOR’S REVISED FI-
NANCIAL PLAN AND BUDGET.—Not later than
15 days after receiving the statement from the
Authority under paragraph (1), the Mayor shall
promptly submit to the Authority and the
Council a revised financial plan and budget for
the fiscal year which addresses the reasons for
the Authority’s disapproval cited in the state-
ment.
(B) APPROVAL OF MAYOR’S REVISED FI-
NANCIAL PLAN AND BUDGET.—If the Authority
determines that the revised financial plan and
budget for the fiscal year submitted by the
Mayor under subparagraph (A) meets the re-
quirements applicable under section 201—
(i) the Authority shall approve the fi-
nancial plan and budget and shall provide
the Mayor, the Council, the President, and
Title II, Subtitle A
Congress with a notice certifying its ap-
proval; and
(ii) the Mayor shall promptly submit
the financial plan and budget to the Coun-
cil pursuant to section 442 of the District
of Columbia Self-Government and Govern-
mental Reorganization Act.
(C) DISAPPROVAL
OF
MAYOR’S
REVISED
FINANCIAL PLAN AND BUDGET.—
(i) IN GENERAL.—If the Authority de-
termines that the revised financial plan
and budget for the fiscal year submitted by
the Mayor under subparagraph (A) does
not meet the requirements applicable under
section 201, the Authority shall—
(I) disapprove the financial plan
and budget;
(II) shall provide the Mayor, the
Council, the President, and Congress
with a statement containing the rea-
sons for such disapproval; and
(III) recommend a financial plan
and budget for the District govern-
ment which meets the requirements
applicable under section 201 and sub-
Title II, Subtitle A
mit such financial plan and budget to
the Mayor and the Council.
(ii) SUBMISSION OF REJECTED FINAN-
CIAL
PLAN
AND
BUDGET.—The Mayor
shall promptly submit the revised financial
plan and budget disapproved by the Au-
thority under this subparagraph to the
Council pursuant to section 442 of the
District of Columbia Self-Government and
Governmental Reorganization Act.
(D) DEEMED APPROVAL AFTER 15 DAYS.—
(i) IN
GENERAL.—If the Authority
has not provided the Mayor, the Council,
the President, and Congress with a notice
certifying approval under subparagraph
(B)(i) or a statement of disapproval under
subparagraph (C) upon the expiration of
the 15-day period which begins on the date
the Authority receives the revised financial
plan and budget submitted by the Mayor
under subparagraph (A), the Authority
shall be deemed to have approved the re-
vised financial plan and budget and to
have provided the Mayor, the Council, the
President, and Congress with the notice
Title II, Subtitle A
certifying approval described in subpara-
graph (B)(i).
(ii) EXPLANATION
OF
FAILURE
TO
RESPOND.—If clause (i) applies with re-
spect to a financial plan and budget, the
Authority shall provide the Mayor, the
Council, the President and Congress with
an explanation for its failure to provide the
notice certifying approval or the statement
of disapproval during the 15-day period de-
scribed in such clause.
(3) ACTION BY COUNCIL.—
(A) ADOPTION OF FINANCIAL PLAN AND
BUDGET.—Notwithstanding the first sentence
of section 446 of the District of Columbia Self-
Government and Governmental Reorganization
Act, not later than 30 days after receiving the
Mayor’s approved revised financial plan and
budget for the fiscal year under paragraph
(2)(B) or (in the case of a financial plan and
budget disapproved by the Authority) the finan-
cial plan and budget recommended by the Au-
thority under paragraph (2)(C)(i)(III), the
Council shall by Act adopt a financial plan and
budget for the fiscal year which shall serve as
Title II, Subtitle A
the adoption of the budgets of the District gov-
ernment for the fiscal year under such section,
and shall submit the financial plan and budget
to the Mayor and the Authority.
(B) REVIEW BY AUTHORITY.—The finan-
cial plan and budget submitted by the Council
under subparagraph (A) shall be subject to re-
view by the Authority and revision by the Coun-
cil in the same manner as the financial plan
and budget submitted by the Council after an
approved preliminary financial plan and budget
of the Mayor under paragraphs (3), (4), (5),
and (6) of subsection (c).
(e) REVISIONS TO FINANCIAL PLAN AND BUDGET.—
(1) PERMITTING
MAYOR
TO
SUBMIT
REVI-
SIONS.—The Mayor may submit proposed revisions
to the financial plan and budget for a control year
to the Authority at any time during the year.
(2) PROCESS
FOR
REVIEW, APPROVAL, DIS-
APPROVAL, AND COUNCIL ACTION.—Except as pro-
vided in paragraph (3), the procedures described in
subsections (b), (c), and (d) shall apply with respect
to a proposed revision to a financial plan and budget
in the same manner as such procedures apply with
respect to the original financial plan and budget, ex-
Title II, Subtitle A
cept that subparagraph (B) of subsection (c)(1) (re-
lating to deemed approval by the Authority of a pre-
liminary financial plan and budget of the Mayor)
shall be applied as if the reference to the term ‘‘30-
day period’’ were a reference to ‘‘20-day period’’.
(3) EXCEPTION FOR REVISIONS NOT AFFECT-
ING APPROPRIATIONS.—To the extent that a pro-
posed revision to a financial plan and budget adopt-
ed by the Council pursuant to this subsection does
not increase the amount of spending with respect to
any account of the District government, the revision
shall become effective upon the Authority’s approval
of such revision (subject to review by Congress
under section 602(c) of the District of Columbia
Self-Government and Governmental Reorganization
Act).
(f) CONFORMING AMENDMENT TO BUDGET PROCESS
REQUIREMENTS UNDER HOME RULE ACT.—
(1) SUBMISSION OF UNBALANCED BUDGETS.—
Section 603 of the District of Columbia Self-Govern-
ment and Governmental Reorganization Act (sec.
47–313, D.C. Code) is amended—
(A) in subsection (c), by striking ‘‘The
Council’’ the first place it appears and inserting