District of Columbia Budget Autonomy Act of 2003

Bill: 108-s-1267
Sponsor: Sen. Collins, Susan M. [R-ME]
Introduced: 2003-06-16 in the Senate
Policy area: Government Operations and Politics
Subjects: Appropriations
Chief financial officers
City councils
Congress
Congressional oversight
Congressional veto
District of Columbia
Economics and Public Finance
Executive reorganization
Federal-local relations
Intergovernmental fiscal relations
Item veto
Legislation
Legislative amendments
Local budgets
Local employees
Local finance
Local laws
Local officials
Mayors
Municipal home rule
Names
Recruiting of employees
Removal of officials
Senate rules and procedure
Taxicabs
Transportation and Public Works

Summary:
action_date: 2003-06-16
text: 
District of Columbia Budget Autonomy Act of 2003 - 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 and 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 fora control year. 
Permits hiring of full or part-time District government employees and their transfer among programs only if such position is authorized by an Act of the Council or, in the case of a control year, an Act of Congress. 
 
Provides that in the case of the consideration in the Senate of a general appropriations bill that includes the appropriations of Federal payments to the District, an amendment proposing a limitation on the use of District funds by the District shall not constitute general legislation under Rule XVI (Appropriations and amendments to general appropriation bills) of the Standing Rules of the Senate. (Thus exempts appropriations of Federal payments to the District from certain prohibitions and points of order with respect to the reporting or consideration of appropriation bills.)
action_date: 2003-12-09
text: 

Title I: District of Columbia Budget Autonomy Act 
 - District of Columbia Budget Autonomy Act of 2003 - (Sec. 102) 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. 
(Sec. 103) 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. 
(Sec. 104) Permits hiring of full or part-time District government employees and their transfer among programs only if such position is authorized by an Act of the Council or, in the case of a control year, an Act of Congress. 
(Sec. 106) Makes any general provision contained in a general appropriation bill which includes the appropriation of Federal payments to the District for a fiscal year in effect on the date of enactment of this Act effective until the date of the enactment of a general appropriation bill which includes the appropriation of Federal payments to the District for the following fiscal year. 
Provides that, in the case of the consideration in the Senate of a general appropriations bill that includes the appropriations of Federal payments to the District, an amendment proposing a limitation on the use of any District funds by the District shall not constitute general legislation under rule XVI (appropriations and amendments) of the Standing Rules of the Senate. 
(Sec. 107) Requires the District, within one year of this Act's enactment, to require all cabs licensed in the District to charge fares by a metered system, unless the District cancels such requirement by adopting an ordinance that specifically states that the District opts out of such requirement. 

Title II: District of Columbia Independence of the Chief Financial Officer Act of 2003
 - District of Columbia Independence of the Chief Financial Officer Act of 2003 - (Sec. 202) Amends the District of Columbia Home Rule Act to revise requirements for the Office of the Chief Financial Officer. Changes the names of 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 such offices as subordinate offices within the Office of the Chief Financial Officer (CFO), effective with the appointment of the first CFO, along with: (1) the Office of Research and Analysis, headed by the Deputy CFO for the Office of Research and Analysis; and (2) the Lottery and Charitable Games Control Board. 
Requires the CFO, under specified conditions, to appoint the heads of the subordinate offices or to remove such heads only after consultation with the Mayor and the Council. 
 
Modifies the Mayor's authority to appoint the CFO or to remove such individual for cause. Eliminates the requirement of the approval of the Financial Responsibility and Management Assistance regarding such appointment or removal. 
Requires all appointments made after June 30, 2007, to be for a five-year term, except for appointments made for the remainder of unexpired terms. Makes July 1 the anniversary date for such appointments. 
Provides that the term of office of the CFO first appointed pursuant to this Act shall begin upon the enactment of this Act and the initial term shall end on June 30, 2007. 
Includes within the CFO's duties: (1) preparing fiscal impact statements on regulations, multiyear contracts, contracts over $1 million and on legislation, as required by the General Legislative Procedures Act of 1975; and (2) 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. 
Provides that the chief financial officers of all District executive branch subordinate and independent agencies not included in this Act and associate chief financial officers shall be appointed by the CFO, under specified conditions, from a list of qualified candidates developed by the CFO. 
Permits any CFO appointed by the Mayor or any executive branch CFO appointed before the enactment of this Act to continue to serve in that capacity without reappointment until a new appointment under this Act becomes effective, and in the case of an executive branch CFO, to continue to serve in that capacity without reappointment. 
 
(Sec. 204) Provides that employees of the CFO Office, including personnel described in this Act, shall be appointed by, shall serve at the pleasure of, and shall act under the direction and control of the CFO, and shall be considered at-will employees, except that the CFO shall comply with any collective bargaining agreement entered into by the CFO Office. 
Grants the CFO independent authority over legal personnel. 
(Sec. 205) Amends the District of Columbia Procurement Practices Act of 1986 and the Home Rule Act to provide that the CFO Office shall be governed by the provisions of the D.C. Official Code, except that such Office shall maintain a procurement office or division that shall operate independent of, and shall not be governed by, the Office of Contracting and Procurement, or its successor office. 
(Sec. 206) 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. 
Subjects permanent and emergency acts accompanied by fiscal impact statements reflecting unbudgeted costs to appropriations before becoming effective.

Legislative actions:
action_date: 2004-01-20
text: Referred to the Committee on Government Reform, and in addition to the Committees on Rules, and Appropriations, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2004-01-20
text: Referred to the Committee on Government Reform, and in addition to the Committees on Rules, and Appropriations, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2004-01-20
text: Referred to the Committee on Government Reform, and in addition to the Committees on Rules, and Appropriations, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2004-01-20
text: Referred to the Committee on Government Reform, and in addition to the Committees on Rules, and Appropriations, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2004-01-20
text: Message on Senate action sent to the House.
action_date: 2004-01-20
text: Received in the House.
action_date: 2003-12-09
text: Passed Senate with an amendment by Unanimous Consent.
action_date: 2003-12-09
text: Passed/agreed to in Senate: Passed Senate with an amendment by Unanimous Consent.
action_date: 2003-12-09
text: Measure laid before Senate. (consideration: CR S16197-16200; text of measure as reported in Senate: CR S16297-16200)
action_date: 2003-11-25
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 418.
action_date: 2003-11-25
text: Committee on Governmental Affairs. Reported by Senator Collins with an amendment. With written report No. 108-212.
action_date: 2003-11-25
text: Committee on Governmental Affairs. Reported by Senator Collins with an amendment. With written report No. 108-212.
action_date: 2003-10-22
text: Committee on Governmental Affairs. Ordered to be reported with an amendment favorably.
action_date: 2003-06-20
text: Committee on Governmental Affairs referred to Subcommittee on Oversight of Government Management, the Federal Workforce,  and the District of Columbia.
action_date: 2003-06-16
text: Read twice and referred to the Committee on Governmental Affairs.
action_date: 2003-06-16
text: Introduced in Senate