In the Senate of the United States,

August 3, 2006.

Resolved, That the bill from the House of Representatives (H.R. 3508) entitled ‘‘An Act to authorize improvements in the operation of the government of the District of

Columbia, and for other purposes.’’, do pass with the following

AMENDMENT:

Strike out all after the enacting clause and insert:

1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

2 (a) SHORT TITLE.—This Act may be cited as the

3 ‘‘2005 District of Columbia Omnibus Authorization Act’’.
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1 (b) TABLE OF CONTENTS.—The table of contents of this

2 Act is as follows:

Sec. 1. Short title; table of contents.

TITLE I—GOVERNANCE OF DISTRICT OF COLUMBIA

Subtitle A—General District of Columbia Governance

Sec. 101. Budget flexibility.

Sec. 102. Additional Authority to allocate amounts in Reserve Funds.

Sec. 103. Permitting General Services Administration to obtain space and services on behalf of District of Columbia Public Defender Service.

Sec. 104. Authority to enter into Interstate Insurance Product Regulation Compact.

Sec. 105. Metered taxicabs in the District of Columbia.

Subtitle B—District of Columbia Courts

Sec. 111. Modernization of Office of Register of Wills.

Sec. 112. Increase in cap on rates of pay for nonjudicial employees.

Sec. 113. Clarification of rate for individuals providing services to indigent defendants.

Sec. 114. Authority of Courts to conduct proceedings outside of District of Columbia during emergencies.

Sec. 115. Authority of Court Services and Offender Supervision Agency to use

services of volunteers.

Sec. 116. Technical corrections relating to courts.

Sec. 117. Inclusion of court employees in enhanced dental and vision benefit program.

Subtitle C—Other Miscellaneous Technical Corrections

Sec. 121. 2004 District of Columbia Omnibus Authorization Act.

Sec. 122. District of Columbia Appropriations Act, 2005.

Sec. 123. Technical and conforming amendments relating to banks operating

under the Code of Law for the District of Columbia.

Sec. 124. District of Columbia Schools fiscal year.

Sec. 125. Gifts to libraries.

TITLE II—INDEPENDENCE OF THE CHIEF FINANCIAL OFFICER

Sec. 201. Promoting independence of Chief Financial Officer.

Sec. 202. Personnel Authority.

Sec. 203. Procurement Authority.

Sec. 204. Fiscal impact statements.

TITLE III—AUTHORIZATION OF CERTAIN GENERAL

APPROPRIATIONS PROVISIONS

Sec. 301. Acceptance of gifts by Court Services and Offender Supervision Agency.

Sec. 302. Evaluation process for public school employees.

Sec. 303. Clarification of application of pay provisions of Merit Personnel System to all District employees.

Sec. 304. Criteria for renewing or extending sole source contracts.

Sec. 305. Acceptance of grant amounts not included in annual budget.
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Sec. 306. Standards for annual independent audit.

Sec. 307. Use of fines imposed for violation of traffic alcohol laws for enforcement

and prosecution of laws.

Sec. 308. Certifications for attorneys in cases brought under Individuals With

Disabilities Education Act.

1 TITLE I—GOVERNANCE OF

2 DISTRICT OF COLUMBIA

3 Subtitle A—General District of

4 Columbia Governance

5 SEC. 101. BUDGET FLEXIBILITY.

6 (a) PERMITTING INCREASE IN AMOUNT APPRO7 PRIATED AS LOCAL FUNDS DURING A FISCAL YEAR.—Sub8 part 1 of part D of title IV of the District of Columbia

9 Home Rule Act (sec. 1–204.41 et seq., D.C. Official Code)

10 is amended by inserting after section 446 the following new

11 section:

12 ‘‘PERMITTING INCREASE IN AMOUNT APPROPRIATED AS

13 LOCAL FUNDS DURING A FISCAL YEAR

14 ‘‘SEC. 446A. (a) IN GENERAL.—Notwithstanding the

15 fourth sentence of section 446, to account for an unantici16 pated growth of revenue collections, the amount appro17 priated as District of Columbia funds under budget ap18 proved by Act of Congress as provided in such section may

19 be increased—

20 ‘‘(1) by an aggregate amount of not more than

21 25 percent, in the case of amounts allocated under the

22 budget as ‘Other-Type Funds’; and
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1 ‘‘(2) by an aggregate amount of not more than

2 6 percent, in the case of any other amounts allocated

3 under the budget.

4 ‘‘(b) CONDITIONS.—The District of Columbia may ob5 ligate and expend any increase in the amount of funds au6 thorized under this section only in accordance with the fol7 lowing conditions:

8 ‘‘(1) The Chief Financial Officer of the District

9 of Columbia shall certify—

10 ‘‘(A) the increase in revenue; and

11 ‘‘(B) that the use of the amounts is not an12 ticipated to have a negative impact on the long13 term financial, fiscal, or economic health of the

14 District.

15 ‘‘(2) The amounts shall be obligated and ex16 pended in accordance with laws enacted by the Coun17 cil of the District of Columbia in support of each such

18 obligation and expenditure, consistent with any other

19 requirements under law.

20 ‘‘(3) The amounts may not be used to fund any

21 agencies of the District government operating under

22 court-ordered receivership.

23 ‘‘(4) The amounts may not be obligated or ex24 pended unless the Mayor has notified the Committees

25 on Appropriations of the House of Representatives
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1 and Senate, the Committee on Government Reform of

2 the House of Representatives, and the Committee on

3 Homeland Security and Governmental Affairs of the

4 Senate not fewer than 30 days in advance of the obli5 gation or expenditure.

6 ‘‘(c) EFFECTIVE DATE.—This section shall apply with

7 respect to fiscal years 2006 through 2007.’’.

8 (b) CONFORMING AMENDMENT.—The fourth sentence of

9 section 446 of such Act (sec. 1–204.46, D.C. Official Code)

10 is amended by inserting ‘‘section 446A,’’after ‘‘section

11 445A(b),’’.

12 (c) CLERICAL AMENDMENT.—The table of contents of

13 such Act is amended by inserting after the item relating

14 to section 446 the following new item:

‘‘Sec. 446A. Permitting increase in amount appropriated as local funds during

a fiscal year.’’.

15 SEC. 102. ADDITIONAL AUTHORITY TO ALLOCATE AMOUNTS

16 IN RESERVE FUNDS.

17 (a) IN GENERAL.—Section 450A of the District of Co18 lumbia Home Rule Act (sec. 1–204.50A, D.C. Official Code)

19 is amended—

20 (1) by redesignating subsection (c) as subsection

21 (d); and

22 (2) by inserting after subsection (b) the following

23 new subsection:
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1 ‘‘(c) ADDITIONAL AUTHORITY TO ALLOCATE

2 AMOUNTS.—

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

4 provision of this section, in addition to the authority

5 provided under this section to allocate and use

6 amounts from the emergency reserve fund under sub7 section (a) and the contingency reserve fund under

8 subsection (b), the District of Columbia may allocate

9 amounts from such funds during a fiscal year and

10 use such amounts for cash flow management purposes.

11 ‘‘(2) LIMITS ON AMOUNT ALLOCATED.—

12 ‘‘(A) AMOUNT OF INDIVIDUAL ALLOCA13 TION.—The amount of an allocation made from

14 the emergency reserve fund or the contingency re15 serve fund pursuant to the authority of this sub16 section may not exceed 50 percent of the balance

17 of the fund involved at the time the allocation is

18 made.

19 ‘‘(B) AGGREGATE AMOUNT ALLOCATED.—

20 The aggregate amount allocated from the emer21 gency reserve fund or the contingency reserve

22 fund pursuant to the authority of this subsection

23 during a fiscal year may not exceed 50 percent

24 of the balance of the fund involved as of the first

25 day of such fiscal year.
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1 ‘‘(3) REPLENISHMENT.—If the District of Co2 lumbia allocates any amounts from a reserve fund

3 pursuant to the authority of this subsection during a

4 fiscal year, the District shall fully replenish the fund

5 for the amounts allocated not later than the earlier

6 of—

7 ‘‘(A) the expiration of the 9-month period

8 which begins on the date the allocation is made;

9 or

10 ‘‘(B) the last day of the fiscal year.

11 ‘‘(4) EFFECTIVE DATE.—This subsection shall

12 apply with respect to fiscal years 2006 through

13 2007.’’.

14 (b) SPECIAL RULE FOR TIMING OF REPLENISHMENT

15 AFTER SUBSEQUENT ALLOCATION.—

16 (1) EMERGENCY RESERVE FUND.—Section

17 450A(a)(7) of such Act (sec. 1–204.50A(a)(7), D.C.

18 Official Code) is amended—

19 (A) by striking ‘‘(7) REPLENISHMENT.—’’

20 and inserting the following:

21 ‘‘(7) REPLENISHMENT.—

22 ‘‘(A) IN GENERAL.—The District of Colum23 bia’’; and

24 (B) by adding at the end the following new

25 subparagraph:
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1 ‘‘(B) SPECIAL RULE FOR REPLENISHMENT

2 AFTER ALLOCATION FOR CASH FLOW MANAGE3 MENT.—

4 ‘‘(i) IN GENERAL.—If the District allo5 cates amounts from the emergency reserve

6 fund during a fiscal year for cash flow

7 management purposes pursuant to the au8 thority of subsection (c) and at any time

9 afterwards during the year makes a subse10 quent allocation from the fund for purposes

11 of this subsection, and if as a result of the

12 subsequent allocation the balance of the

13 fund is reduced to an amount which is less

14 than 50 percent of the balance of the fund

15 as of the first day of the fiscal year, the Dis16 trict shall replenish the fund by such

17 amount as may be required to restore the

18 balance to an amount which is equal to 50

19 percent of the balance of the fund as of the

20 first day of the fiscal year.

21 ‘‘(ii) DEADLINE.—The District shall

22 carry out any replenishment required under

23 clause (i) as a result of a subsequent alloca24 tion described in such clause not later than

25 the expiration of the 60-day period which
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1 begins on the date of the subsequent alloca2 tion.’’.

3 (2) CONTINGENCY RESERVE FUND.—Section

4 450A(b)(6) of such Act (sec. 1–204.50A(b)(6), D.C.

5 Official Code) is amended—

6 (A) by striking ‘‘(6) REPLENISHMENT.—’’

7 and inserting the following:

8 ‘‘(6) REPLENISHMENT.—

9 ‘‘(A) IN GENERAL.—The District of Colum10 bia’’; and

11 (B) by adding at the end the following new

12 subparagraph:

13 ‘‘(B) SPECIAL RULE FOR REPLENISHMENT

14 AFTER ALLOCATION FOR CASH FLOW MANAGE15 MENT.—

16 ‘‘(i) IN GENERAL.—If the District allo17 cates amounts from the contingency reserve

18 fund during a fiscal year for cash flow

19 management purposes pursuant to the au20 thority of subsection (c) and at any time

21 afterwards during the year makes a subse22 quent allocation from the fund for purposes

23 of this subsection, and if as a result of the

24 subsequent allocation the balance of the

25 fund is reduced to an amount which is less
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1 than 50 percent of the balance of the fund

2 as of the first day of the fiscal year, the Dis3 trict shall replenish the fund by such

4 amount as may be required to restore the

5 balance to an amount which is equal to 50

6 percent of the balance of the fund as of the

7 first day of the fiscal year.

8 ‘‘(ii) DEADLINE.—The District shall

9 carry out any replenishment required under

10 clause (i) as a result of a subsequent alloca11 tion described in such clause not later than

12 the expiration of the 60-day period which

13 begins on the date of the subsequent alloca14 tion.’’.

15 SEC. 103. PERMITTING GENERAL SERVICES ADMINISTRA16 TION TO OBTAIN SPACE AND SERVICES ON

17 BEHALF OF DISTRICT OF COLUMBIA PUBLIC

18 DEFENDER SERVICE.

19 (a) AUTHORITY TO OBTAIN SPACE AND SERVICES.—

20 At the request of the Director of the District of Columbia

21 Public Defender Service, the Administrator of General Serv22 ices may furnish space and services on behalf of the Service

23 (either directly by providing space and services in buildings

24 owned or occupied by the Federal Government or indirectly

25 by entering into leases with non-Federal entities) in the
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1 same manner, and under the same terms and conditions,

2 as the Administrator may furnish space and services on be3 half of an agency of the Federal Government.

4 (b) EFFECTIVE DATE.—This section shall apply with

5 respect to fiscal year 2006 and each succeeding fiscal year.

6 SEC. 104. AUTHORITY TO ENTER INTO INTERSTATE INSUR7 ANCE PRODUCT REGULATION COMPACT.

8 (a) IN GENERAL.—The District of Columbia is author9 ized to enter into an interstate compact to establish a joint

10 state commission as an instrumentality of the District of

11 Columbia for the purpose of establishing uniform insurance

12 product regulations among the participating states.

13 (b) DELEGATION.—Any insurance product regulation

14 compact that the Council of the District of Columbia au15 thorizes the Mayor to execute on behalf of the District may

16 contain provisions that delegate the requisite power and au17 thority to the joint state commission to achieve the purposes

18 for which the interstate compact is established.

19 SEC. 105. METERED TAXICABS IN THE DISTRICT OF COLUM20 BIA.

21 (a) IN GENERAL.—Except as provided in subsection

22 (b) and not later than 1 year after the date of enactment

23 of this Act, the District of Columbia shall require all taxi24 cabs licensed in the District of Columbia to charge fares

25 by a metered system.
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1 (b) DISTRICT OF COLUMBIA OPT OUT.—The Mayor of

2 the District of Columbia may exempt the District of Colum3 bia from the requirement under subsection (a) by issuing

4 an executive order that specifically states that the District

5 of Columbia opts out of the requirement to implement a

6 metered fare system for taxicabs.

7 Subtitle B—District of Columbia

8 Courts

9 SEC. 111. MODERNIZATION OF OFFICE OF REGISTER OF

10 WILLS.

11 (a) REVISION OF DUTIES.—Section 11–2104(b), Dis12 trict of Columbia Official Code, is amended to read as fol13 lows:

14 ‘‘(b) In matters over which the Superior Court has pro15 bate jurisdiction or powers, the Register of Wills shall—

16 ‘‘(1) make full and fair entries, in separate

17 records, of the proceedings of the court;

18 ‘‘(2) record in electronic or other format all wills

19 proved before the Register of Wills or the court and

20 other matters required by law to be recorded in the

21 court;

22 ‘‘(3) lodge in places of safety designated by the

23 court original papers filed with the Register of Wills;

24 ‘‘(4) make out and issue every summons, process,

25 and order of the court;
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1 ‘‘(5) prepare and submit to the Executive Officer

2 of the District of Columbia courts such reports as

3 may be required; and

4 ‘‘(6) in every respect, act under the control and

5 direction of the court.’’.

6 (b) REPEAL OF PENALTIES.—

7 (1) IN GENERAL.—Section 11–2104, District of

8 Columbia Code, is amended—

9 (A) in the heading, by striking ‘‘; pen10 alties’’; and

11 (B) by striking subsections (d) and (e).

12 (2) CLERICAL AMENDMENT.—The item relating

13 to section 11–2104 in the table of sections for chapter

14 21 of title 11, District of Columbia Official Code, is

15 amended by striking ‘‘; penalties’’.

16 (c) RECORD OF CLAIMS AGAINST NONRESIDENT DECE17 DENTS.—Section 20–343(d), District of Columbia Official

18 Code, is amended by striking the second sentence and insert19 ing the following: ‘‘The Register shall record all such claims

20 and releases.’’.

21 SEC. 112. INCREASE IN CAP ON RATES OF PAY FOR NON22 JUDICIAL EMPLOYEES.

23 (a) IN GENERAL.—The second sentence of section 11–

24 1726(a), District of Columbia Official Code, is amended by
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1 striking ‘‘pay fixed by administrative action in section

2 5373’’ and inserting ‘‘maximum pay in section 5382(a)’’.

3 (b) EFFECTIVE DATE.—The amendment made by sub4 section (a) shall apply with respect to pay periods begin5 ning on or after the date of the enactment of this Act.

6 SEC. 113. CLARIFICATION OF RATE FOR INDIVIDUALS PRO7 VIDING SERVICES TO INDIGENT DEFEND8 ANTS.

9 (a) IN GENERAL.—Section 11–2605, District of Co10 lumbia Official Code, is amended—

11 (1) by striking subsection (b);

12 (2) in subsection (c), by inserting after ‘‘United

13 States Code,’’ the following: ‘‘(or, in the case of inves14 tigative services, a fixed rate of $25 per hour)’’;

15 (3) in subsection (d), by inserting after ‘‘United

16 States Code,’’ the following: ‘‘(or, in the case of inves17 tigative services, a fixed rate of $25 per hour)’’; and

18 (4) by redesignating subsections (c) and (d) as

19 subsections (b) and (c).

20 (b) EFFECTIVE DATE.—The amendment made by sub21 section (a) shall apply with respect to services provided on

22 or after the date of the enactment of this Act.
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1 SEC. 114. AUTHORITY OF COURTS TO CONDUCT PRO2 CEEDINGS OUTSIDE OF DISTRICT OF COLUM3 BIA DURING EMERGENCIES.

4 (a) DISTRICT OF COLUMBIA COURT OF APPEALS.—

5 (1) IN GENERAL.—Subchapter I of chapter 7 of

6 title 11, District of Columbia Official Code, is amend7 ed by adding at the end the following new section:

8 ‘‘§ 11–710. Emergency Authority to conduct pro9 ceedings outside District of Columbia

10 ‘‘(a) IN GENERAL.—The court may hold special ses11 sions at any place within the United States outside the Dis12 trict of Columbia as the nature of the business may require

13 and upon such notice as the court orders, upon a finding

14 by either the chief judge of the court (or, if the chief judge

15 is absent or disabled, the judge designated under section 11–

16 706(a)) or the Joint Committee on Judicial Administration

17 in the District of Columbia that, because of emergency con18 ditions, no location within the District of Columbia is rea19 sonably available where such special sessions could be held.

20 The court may transact any business at a special session

21 authorized pursuant to this section which it has the author22 ity to transact at a regular session.

23 ‘‘(b) NOTICE REQUIREMENTS.—If the Court of Appeals

24 issues an order exercising its authority under subsection

25 (a), the court—
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1 ‘‘(1) through the Joint Committee on Judicial

2 Administration in the District of Columbia, shall

3 send notice of such order, including the reasons for

4 the issuance of such order, to the Committee on

5 Homeland Security and Governmental Affairs of the

6 Senate and the Committee on Government Reform of

7 the House of Representatives; and

8 ‘‘(2) shall provide reasonable notice to the United

9 States Marshals Service before the commencement of

10 any special session held pursuant to such order.’’.

11 (2) CLERICAL AMENDMENT.—The table of con12 tents of chapter 7 of title 11, District of Columbia Of13 ficial Code, is amended by adding at the end of the

14 items relating to subchapter I the following:

‘‘11–710. Emergency authority to conduct proceedings outside District of Columbia.’’.

15 (b) SUPERIOR COURT OF THE DISTRICT OF COLUM16 BIA.—

17 (1) IN GENERAL.—Subchapter I of chapter 9 of

18 title 11, District of Columbia Official Code, is amend19 ed by adding at the end the following new section:

20 ‘‘§ 11–911. Emergency Authority to conduct pro21 ceedings outside District of Columbia

22 ‘‘(a) IN GENERAL.—The Superior Court may hold spe23 cial sessions at any place within the United States outside

24 the District of Columbia as the nature of the business may
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1 require and upon such notice as the Superior Court orders,

2 upon a finding by either the chief judge of the Superior

3 Court (or, if the chief judge is absent or disabled, the judge

4 designated under section 11–907(a)) or the Joint Committee

5 on Judicial Administration in the District of Columbia

6 that, because of emergency conditions, no location within

7 the District of Columbia is reasonably available where such

8 special sessions could be held.

9 ‘‘(b) BUSINESS TRANSACTED.—The Superior Court

10 may transact any business at a special session outside the

11 District of Columbia authorized pursuant to this section

12 which it has the authority to transact at a regular session,

13 except that a criminal trial may not be conducted at such

14 a special session without the consent of the defendant.

15 ‘‘(c) SUMMONING OF JURORS.—Notwithstanding any

16 other provision of law, in any case in which special sessions

17 are conducted pursuant to this section, the Superior Court

18 may summon jurors—

19 ‘‘(1) in civil proceedings, from any part of the

20 District of Columbia or, if jurors are not readily

21 available from the District of Columbia, the jurisdic22 tion in which it is holding the special session; and

23 ‘‘(2) in criminal trials, from any part of the

24 District of Columbia or, if jurors are not readily

25 available from the District of Columbia and if the de-
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1 fendant so consents, the jurisdiction in which it is

2 holding the special session.

3 ‘‘(d) NOTICE REQUIREMENTS.—If the Superior Court

4 issues an order exercising its authority under subsection

5 (a), the Court—

6 ‘‘(1) through the Joint Committee on Judicial

7 Administration in the District of Columbia, shall

8 send notice of such order, including the reasons for

9 the issuance of such order, to the Committee on

10 Homeland Security and Governmental Affairs of the

11 Senate and the Committee on Government Reform of

12 the House of Representatives; and

13 ‘‘(2) shall provide reasonable notice to the United

14 States Marshals Service before the commencement of

15 any special session held pursuant to such order.’’.

16 (2) CLERICAL AMENDMENT.—The table of con17 tents of chapter 9 of title 11, District of Columbia Of18 ficial Code, is amended by adding at the end of the

19 items relating to subchapter I the following:

‘‘11–911. Emergency authority to conduct proceedings outside District of Columbia.’’.

20 SEC. 115. AUTHORITY OF COURT SERVICES AND OFFENDER

21 SUPERVISION AGENCY TO USE SERVICES OF

22 VOLUNTEERS.

23 Section 11233 of the National Capital Revitalization

24 and Self-Government Improvement Act of 1997 (sec. 24–
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1 133, D.C. Official Code) is amended by adding at the end

2 the following new subsection:

3 ‘‘(g) AUTHORITY TO USE SERVICES OF VOLUN4 TEERS.—

5 ‘‘(1) IN GENERAL.—The Agency (including any

6 independent entity within the Agency) may accept the

7 services of volunteers and provide for their incidental

8 expenses to carry out any activity of the Agency ex9 cept policy-making.

10 ‘‘(2) APPLICABILITY OF WORKER’S COMPENSA11 TION RULES TO VOLUNTEERS.—Any volunteer whose

12 services are accepted pursuant to this subsection shall

13 be considered an employee of the United States Gov14 ernment in providing the services for purposes of

15 chapter 81 of title 5, United States Code (relating to

16 compensation for work injuries) and chapter 11 of

17 title 18, United States Code, relating to corruption

18 and conflicts of interest.’’.

19 SEC. 116. TECHNICAL CORRECTIONS RELATING TO COURTS.

20 (a) IN GENERAL.—Section 329 of the District of Co21 lumbia Appropriations Act, 2005 (Public Law 108–335;

22 118 Stat. 1345), is amended to read as follows:

23 ‘‘SEC. 329. (a) APPROVAL OF BONDS BY JOINT COM24 MITTEE ON JUDICIAL ADMINISTRATION.—Section 11–
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1 1701(b), District of Columbia Official Code, is amended by

2 striking paragraph (5).

3 ‘‘(b) EXECUTIVE OFFICER.—

4 ‘‘(1) IN GENERAL.—Section 11–1704, District of

5 Columbia Official Code, is amended to read as fol6 lows:

7 ‘OATH OF EXECUTIVE OFFICER

8 ‘SEC. 11–1704.

9 ‘The Executive Officer shall take an oath or affirma10 tion for the faithful and impartial discharge of the duties

11 of that office.’.

12 ‘‘(2) CLERICAL AMENDMENT.—The table of sec13 tions for chapter 17 of title 11, District of Columbia

14 Official Code, is amended by amending the item re15 lating to section 11–1704 to read as follows:

‘11–1704. Oath of Executive Officer.’.

16 ‘‘(c) FISCAL OFFICER.—Section 11–1723, District of

17 Columbia Official Code, is amended—

18 ‘‘(1) by striking ‘(a)(1)’and inserting ‘(a)’;

19 ‘‘(2) by striking subsection (b); and

20 ‘‘(3) by redesignating paragraphs (2) and (3) of

21 subsection (a) as subsections (b) and (c).

22 ‘‘(d) AUDITOR-MASTER.—Section 11–1724, District of

23 Columbia Official Code, is amended by striking the second

24 and third sentences.

25 ‘‘(e) REGISTER OF WILLS.—
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1 ‘‘(1) IN GENERAL.—Section 11–2102, District of

2 Columbia Official Code, is amended—

3 ‘‘(A) in the heading, by striking ‘bond;’;

4 ‘‘(B) in subsection (a)(2), by striking ‘give

5 bond,’and all that follows through ‘seasonably to

6 record’ and inserting ‘seasonably record’; and

7 ‘‘(C) by striking the third sentence of sub8 section (a).

9 ‘‘(2) CLERICAL AMENDMENT.—The item relating

10 to section 11–2102 in the table of sections for chapter

11 21 of title 11, District of Columbia Official Code, is

12 amended by striking ‘bond;’.’’.

13 (b) CLERICAL AMENDMENT.—The table of sections for

14 chapter 17 of title 11, District of Columbia Official Code,

15 is amended by amending the item relating to section 11–

16 1728 to read as follows:

‘‘11–1728. Recruitment and training of personnel; travel.’’.

17 (c) EFFECTIVE DATE.—The amendments made by this

18 section shall take effect as if included in the enactment of

19 the District of Columbia Appropriations Act, 2005.

20 SEC. 117. INCLUSION OF COURT EMPLOYEES IN ENHANCED

21 DENTAL AND VISION BENEFIT PROGRAM.

22 (a) UNITED STATES CODE.—Title 5 of the United

23 States Code is amended—
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1 (1) in section 8951(1) by adding at the end the

2 following: ‘‘and an employee of the District of Colum3 bia courts’’;

4 (2) in section 8981(1) by adding at the end the

5 following: ‘‘and an employee of the District of Colum6 bia courts’’; and

7 (3) in section 9001(1) is amended—

8 (A) in subparagraph (C), by striking

9 ‘‘and’’;

10 (B) in subparagraph (D), by striking the

11 period and inserting a semicolon and ‘‘and’’;

12 and

13 (C) by adding at the end the following: ‘‘(E)

14 an employee of the District of Columbia courts.’’.

15 (b) D.C. CODE.—Section 11–1726, District of Colum16 bia Code, is amended—

17 (1) in subsection (b)(1), by striking subpara18 graph (F) and inserting the following:

19 ‘‘(F) Chapter 89A (relating to enhanced

20 dental benefits).

21 ‘‘(G) Chapter 89B (relating to enhanced vi22 sion benefits).

23 ‘‘(H) Chapter 90 (relating to long-term care

24 insurance).’’; and
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1 (2) in subsection (c)(1), by striking subpara2 graph (D) and inserting the following:

3 ‘‘(D) Chapter 89A (relating to enhanced

4 dental benefits).

5 ‘‘(E) Chapter 89B (relating to enhanced vi6 sion benefits).

7 ‘‘(F) Chapter 90 (relating to long-term care

8 insurance).’’.

9 Subtitle C—Other Miscellaneous

10 Technical Corrections

11 SEC. 121. 2004 DISTRICT OF COLUMBIA OMNIBUS AUTHOR12 IZATION ACT.

13 (a) IN GENERAL.—The first sentence of section 446(a)

14 of the District of Columbia Home Rule Act (sec. 1–

15 204.46(a), D.C. Official Code) is amended by striking ‘‘The

16 Council,’’and all that follows through ‘‘from the

17 Mayor,’’and inserting ‘‘The Council, within 56 calendar

18 days after receipt of the budget proposal from the Mayor,’’.

19 (b) EFFECTIVE DATE.—The amendment made by sub20 section (a) shall take effect as if included in the enactment

21 of the 2004 District of Columbia Omnibus Authorization

22 Act.
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1 SEC. 122. DISTRICT OF COLUMBIA APPROPRIATIONS ACT,

2 2005.

3 (a) IN GENERAL.—Section 450A of the District of Co4 lumbia Home Rule Act (sec. 1–204.50A, D.C. Official

5 Code), as amended by section 332 of the District of Colum6 bia Appropriations Act, 2005 (Public Law 108–335; 118

7 Stat. 1346), is amended—

8 (1) in the heading of subsection (a)(2), by strik9 ing ‘‘IN GENERAL’’and inserting ‘‘OPERATING EX10 PENDITURES DEFINED’’; and

11 (2) in the heading of subsection (b)(2), by strik12 ing ‘‘IN GENERAL’’ and inserting ‘‘OPERATING EX13 PENDITURES DEFINED’’.

14 (b) EFFECTIVE DATE.—The amendments made by sub15 section (a) shall take effect as if included in the enactment

16 of the District of Columbia Appropriations Act, 2005.

17 SEC. 123. TECHNICAL AND CONFORMING AMENDMENTS RE18 LATING TO BANKS OPERATING UNDER THE

19 CODE OF LAW FOR THE DISTRICT OF COLUM20 BIA.

21 (a) FEDERAL RESERVE ACT.—

22 (1) The second undesignated paragraph of the

23 first section of the Federal Reserve Act(12 U.S.C. 221)

24 is amended by adding at the end the following: ‘‘For

25 purposes of this Act, a State bank includes any bank
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1 which is operating under the Code of Law for the Dis2 trict of Columbia.’’.

3 (2) The first sentence of the first undesignated

4 paragraph of section 9 of the Federal Reserve Act(12

5 U.S.C. 321) is amended by striking ‘‘incorporated by

6 special law of any State, or’’ and inserting ‘‘incor7 porated by special law of any State, operating under

8 the Code of Law for the District of Columbia, or’’.

9 (b) BANK CONSERVATION ACT.—Section 202 of the

10 Bank Conservation Act(12 U.S.C. 202) is amended—

11 (1) by striking ‘‘means (1) any national’’ and

12 inserting ‘‘means any national’’; and

13 (2) by striking ‘‘, and (2) any bank or trust

14 company located in the District of Columbia and op15 erating under the supervision of the Comptroller of

16 the Currency’’.

17 (c) DEPOSITORY INSTITUTION DEREGULATION AND

18 MONETARY CONTROL ACT OF 1980.—Part C of title VII

19 of the Depository Institution Deregulation and Monetary

20 Control Act of 1980 is amended—

21 (1) in paragraph (1) of section 731 (12 U.S.C.

22 216(1)) by striking ‘‘and closed banks in the District

23 of Columbia’’; and
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1 (2) in paragraph (2) of section 732 (12 U.S.C.

2 216a(2)) by striking ‘‘or closed banks in the District

3 of Columbia’’.

4 (d) FEDERAL DEPOSIT INSURANCE ACT.—Section

5 3(a)(2)(B) of the Federal Deposit Insurance Act(12 U.S.C.

6 1813(a)(2)(B)) is amended by striking ‘‘(except a national

7 bank)’’.

8 (e) NATIONAL BANK CONSOLIDATION AND MERGER

9 ACT.—Section 7(1) of the National Bank Consolidation and

10 Merger Act(12 U.S.C. 215b(1)) is amended by striking ‘‘(ex11 cept a national banking association located in the District

12 of Columbia)’’.

13 (f) AN ACT OF AUGUST 17, 1950.—Section 1(a) of the

14 Act entitled ‘‘An Act to provide for the conversion of na15 tional banking associations into and their merger or con16 solidation with State banks, and for other purposes’’ and

17 approved August 17, 1950 (12 U.S.C. 214(a)) is amended

18 by striking ‘‘(except a national banking association)’’.

19 (g) FEDERAL TRADE COMMISSION ACT.—Section

20 18(f)(2) of the Federal Trade Commission Act(15 U.S.C.

21 57a(f)(2)) is amended—

22 (1) in subparagraph (A), by striking ‘‘, banks

23 operating under the code of law for the District of Co24 lumbia,’’; and
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1 (2) in subparagraph (B), by striking ‘‘and banks

2 operating under the code of law for the District of Co3 lumbia’’.

4 SEC. 124. DISTRICT OF COLUMBIA SCHOOLS FISCAL YEAR.

5 Section 441(b)(2) of the District of Columbia Home

6 Rule Act (section 1–204.41, D.C. Official Code) is amended

7 by striking ‘‘shall begin’’ and inserting ‘‘may begin’’.

8 SEC. 125. GIFTS TO LIBRARIES.

9 Section 115(c) of title III of division C of Public Law

10 108–7 in amended by inserting ‘‘and the District of Colum11 bia Public Libraries’’ before the period.

12 TITLE II—INDEPENDENCE OF

13 THE CHIEF FINANCIAL OFFICER

14 SEC. 201. PROMOTING INDEPENDENCE OF CHIEF FINAN15 CIAL OFFICER.

16 (a) IN GENERAL.—Section 424 of the District of Co17 lumbia Home Rule Act (sec. 1–204.24a et seq., D.C. Official

18 Code) is amended to read as follows:

19 ‘‘CHIEF FINANCIAL OFFICER OF THE DISTRICT OF

20 COLUMBIA

21 ‘‘SEC. 424. (a) IN GENERAL.—

22 ‘‘(1) ESTABLISHMENT.—There is hereby estab23 lished within the executive branch of the government

24 of the District of Columbia an Office of the Chief Fi25 nancial Officer of the District of Columbia (hereafter

26 referred to as the ‘Office’), which shall be headed by
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1 the Chief Financial Officer of the District of Colum2 bia (hereafter referred to as the ‘Chief Financial Offi3 cer’).

4 ‘‘(2) ORGANIZATIONAL ANALYSIS.—

5 ‘‘(A) OFFICE OF BUDGET AND PLANNING.—

6 The name of the Office of Budget and Manage7 ment, established by Commissioner’s Order 69–

8 96, issued March 7, 1969, is changed to the Of9 fice of Budget and Planning.

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

11 name of the Department of Finance and Rev12 enue, established by Commissioner’s Order 69–

13 96, issued March 7, 1969, is changed to the Of14 fice of Tax and Revenue.

15 ‘‘(C) OFFICE OF FINANCE AND TREASURY.—

16 The name of the Office of Treasurer, established

17 by Mayor’s Order 89–244, dated October 23,

18 1989, is changed to the Office of Finance and

19 Treasury.

20 ‘‘(D) OFFICE OF FINANCIAL OPERATIONS

21 AND SYSTEMS.—The Office of the Controller, es22 tablished by Mayor’s Order 89–243, dated Octo23 ber 23, 1989, and the Office of Financial Infor24 mation Services, established by Mayor’s Order

25 89–244, dated October 23, 1989, are consolidated
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1 into the Office of Financial Operations and Sys2 tems.

3 ‘‘(3) TRANSFERS.—Effective with the appoint4 ment of the first Chief Financial Officer under sub5 section (b), the functions and personnel of the fol6 lowing offices are established as subordinate offices

7 within the Office:

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

9 headed by the Deputy Chief Financial Officer for

10 the Office of Budget and Planning.

11 ‘‘(B) The Office of Tax and Revenue, headed

12 by the Deputy Chief Financial Officer for the Of13 fice of Tax and Revenue.

14 ‘‘(C) The Office of Research and Analysis,

15 headed by the Deputy Chief Financial Officer for

16 the Office of Research and Analysis.

17 ‘‘(D) The Office of Financial Operations

18 and Systems, headed by the Deputy Chief Finan19 cial Officer for the Office of Financial Oper20 ations and Systems.

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

22 headed by the District of Columbia Treasurer.

23 ‘‘(F) The Lottery and Charitable Games

24 Control Board, established by the Law to Legal25 ize Lotteries, Daily Numbers Games, and Bingo
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1 and Raffles for Charitable Purposes in the Dis2 trict of Columbia, effective March 10, 1981 (D.C.

3 Law 3–172; D.C. Official Code § 3–1301 et seq.).

4 ‘‘(4) SUPERVISOR.—The heads of the offices list5 ed in paragraph (3) of this section shall serve at the

6 pleasure of the Chief Financial Officer.

7 ‘‘(5) APPOINTMENT AND REMOVAL OF OFFICE

8 EMPLOYEES.—The Chief Financial Officer shall ap9 point the heads of the subordinate offices designated

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

11 and the Council. The Chief Financial Officer may re12 move the heads of the offices designated in paragraph

13 (3), after consultation with the Mayor and the Coun14 cil.

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

16 Financial Officer shall prepare and annually submit

17 to the Mayor of the District of Columbia, for inclu18 sion in the annual budget of the District of Columbia

19 government for a fiscal year, annual estimates of the

20 expenditures and appropriations necessary for the

21 year for the operation of the Office and all other Dis22 trict of Columbia accounting, budget, and financial

23 management personnel (including personnel of execu24 tive branch independent agencies) that report to the

25 Office pursuant to this Act.
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1 ‘‘(b) APPOINTMENT OF THE CHIEF FINANCIAL OFFI2 CER.—

3 ‘‘(1) APPOINTMENT.—

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

5 Officer shall be appointed by the Mayor with the

6 advice and consent, by resolution, of the Council.

7 Upon confirmation by the Council, the name of

8 the Chief Financial Officer shall be submitted to

9 the Committees on Appropriations of the House

10 of Representatives and Senate, the Committee on

11 Government Reform of the House of Representa12 tives, and the Committee on Homeland Security

13 and Governmental Affairs of the Senate for a 30-

14 day period of review and comment before the ap15 pointment takes effect.

16 ‘‘(B) SPECIAL RULE FOR CONTROL

17 YEARS.—During a control year, the Chief Finan18 cial Officer shall be appointed by the Mayor as

19 follows:

20 ‘‘(i) Prior to the appointment, the Au21 thority may submit recommendations for

22 the appointment to the Mayor.

23 ‘‘(ii) In consultation with the Author24 ity and the Council, the Mayor shall nomi-
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1 nate an individual for appointment and no2 tify the Council of the nomination.

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

4 period which begins on the date the Mayor

5 notifies the Council of the nomination

6 under clause (ii), the Mayor shall notify the

7 Authority of the nomination.

8 ‘‘(iv) The nomination shall be effective

9 subject to approval by a majority vote of the

10 Authority.

11 ‘‘(2) TERM.—

12 ‘‘(A) IN GENERAL.—All appointments made

13 after June 30, 2007, shall be for a term of 5

14 years, except for appointments made for the re15 mainder of unexpired terms. The appointments

16 shall have an anniversary date of July 1.

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

18 section, the individual serving as Chief Finan19 cial Officer as of the date of enactment of the

20 2005 District of Columbia Omnibus Authoriza21 tion Act shall be deemed to have been appointed

22 under this subsection, except that such individ23 ual’s initial term of office shall begin upon such

24 date and shall end on June 30, 2007.
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1 ‘‘(C) CONTINUANCE.—Any Chief Financial

2 Officer may continue to serve beyond his term

3 until a successor takes office.

4 ‘‘(D) VACANCIES.—Any vacancy in the Of5 fice of Chief Financial Officer shall be filled in

6 the same manner as the original appointment

7 under paragraph (1).

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

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

10 of basic pay payable for level I of the Executive

11 Schedule.

12 ‘‘(c) REMOVAL OF THE CHIEF FINANCIAL OFFICER.—

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

14 may only be removed for cause by the Mayor, subject

15 to the approval of the Council by a resolution approved by not fewer than 2 16 ⁄3 of the members of the

17 Council. After approval of the resolution by the Coun18 cil, notice of the removal shall be submitted to the

19 Committees on Appropriations of the House of Rep20 resentatives and Senate, the Committee on Govern21 ment Reform of the House of Representatives, and the

22 Committee on Homeland Security and Governmental

23 Affairs of the Senate for a 30-day period of review

24 and comment before the removal takes effect.
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1 ‘‘(2) SPECIAL RULE FOR CONTROL YEARS.—Dur2 ing a control year, the Chief Financial Officer may

3 be removed for cause by the Authority or by the

4 Mayor with the approval of the Authority.

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

6 Notwithstanding any provisions of this Act which grant au7 thority to other entities of the District government, the Chief

8 Financial Officer shall have the following duties and shall

9 take such steps as are necessary to perform these duties:

10 ‘‘(1) During a control year, preparing the finan11 cial plan and the budget for the use of the Mayor for

12 purposes of subtitle A of title II of the District of Co13 lumbia Financial Responsibility and Management

14 Assistance Act of 1995.

15 ‘‘(2) Preparing the budgets of the District of Co16 lumbia for the year for the use of the Mayor for pur17 poses of part D and preparing the 5-year financial

18 plan based upon the adopted budget for submission

19 with the District of Columbia budget by the Mayor to

20 Congress.

21 ‘‘(3) During a control year, assuring that all fi22 nancial information presented by the Mayor is pre23 sented in a manner, and is otherwise consistent with,

24 the requirements of the District of Columbia Finan-
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1 cial Responsibility and Management Assistance Act of

2 1995.

3 ‘‘(4) Implementing appropriate procedures and

4 instituting such programs, systems, and personnel

5 policies within the Chief Financial Officer’s author6 ity, to ensure that budget, accounting, and personnel

7 control systems and structures are synchronized for

8 budgeting and control purposes on a continuing basis

9 and to ensure that appropriations are not exceeded.

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

11 the Council, with the approval of the Authority dur12 ing a control year, and making public—

13 ‘‘(A) annual estimates of all revenues of the

14 District of Columbia (without regard to the

15 source of such revenues), including proposed rev16 enues, which shall be binding on the Mayor and

17 the Council for purposes of preparing and sub18 mitting the budget of the District government for

19 the year under part D of this title, except that

20 the Mayor and the Council may prepare the

21 budget based on estimates of revenues which are

22 lower than those prepared by the Chief Financial

23 Officer; and

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

25 of the District of Columbia during the year.
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1 ‘‘(6) Supervising and assuming responsibility for

2 financial transactions to ensure adequate control of

3 revenues and resources.

4 ‘‘(7) Maintaining systems of accounting and in5 ternal control designed to provide—

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

7 of the activities of the District government;

8 ‘‘(B) adequate financial information needed

9 by the District government for management pur10 poses;

11 ‘‘(C) effective control over, and account12 ability for, all funds, property, and other assets

13 of the District of Columbia; and

14 ‘‘(D) reliable accounting results to serve as

15 the basis for preparing and supporting agency

16 budget requests and controlling the execution of

17 the budget.

18 ‘‘(8) Submitting to the Council a financial state19 ment of the District government, containing such de20 tails and at such times as the Council may specify.

21 ‘‘(9) Supervising and assuming responsibility for

22 the assessment of all property subject to assessment

23 and special assessments within the corporate limits of

24 the District of Columbia for taxation, preparing tax
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1 maps, and providing such notice of taxes and special

2 assessments (as may be required by law).

3 ‘‘(10) Supervising and assuming responsibility

4 for the levying and collection of all taxes, special as5 sessments, licensing fees, and other revenues of the

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

7 and receiving all amounts paid to the District of Co8 lumbia from any source (including the Authority).

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

10 belonging to or under the control of the District gov11 ernment (or any department or agency of the District

12 government), and depositing all amounts paid in

13 such depositories and under such terms and condi14 tions as may be designated by the Council (or by the

15 Authority during a control year).

16 ‘‘(12) Maintaining custody of all investment and

17 invested funds of the District government or in posses18 sion of the District government in a fiduciary capac19 ity, and maintaining the safekeeping of all bonds and

20 notes of the District government and the receipt and

21 delivery of District government bonds and notes for

22 transfer, registration, or exchange.

23 ‘‘(13) Apportioning the total of all appropria24 tions and funds made available during the year for

25 obligation so as to prevent obligation or expenditure
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1 in a manner which would result in a deficiency or a

2 need for supplemental appropriations during the

3 year, and (with respect to appropriations and funds

4 available for an indefinite period and all authoriza5 tions to create obligations by contract in advance of

6 appropriations) apportioning the total of such appro7 priations, funds, or authorizations in the most effec8 tive and economical manner.

9 ‘‘(14) Certifying all contracts and leases (wheth10 er directly or through delegation) prior to execution

11 as to the availability of funds to meet the obligations

12 expected to be incurred by the District government

13 under such contracts and leases during the year.

14 ‘‘(15) Prescribing the forms of receipts, vouchers,

15 bills, and claims to be used by all agencies, offices,

16 and instrumentalities of the District government.

17 ‘‘(16) Certifying and approving prior to pay18 ment of all bills, invoices, payrolls, and other evi19 dences of claims, demands, or charges against the Dis20 trict government, and determining the regularity, le21 gality, and correctness of such bills, invoices, payrolls,

22 claims, demands, or charges.

23 ‘‘(17) In coordination with the Inspector General

24 of the District of Columbia, performing internal au25 dits of accounts and operations and records of the
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1 District government, including the examination of

2 any accounts or records of financial transactions, giv3 ing due consideration to the effectiveness of account4 ing systems, internal control, and related administra5 tive practices of the departments and agencies of the

6 District government.

7 ‘‘(18) Exercising responsibility for the adminis8 tration and supervision of the District of Columbia

9 Treasurer.

10 ‘‘(19) Supervising and administering all bor11 rowing programs for the issuance of long-term and

12 short-term indebtedness, as well as other financing-re13 lated programs of the District government.

14 ‘‘(20) Administering the cash management pro15 gram of the District government, including the invest16 ment of surplus funds in governmental and non-gov17 ernmental interest-bearing securities and accounts.

18 ‘‘(21) Administering the centralized District gov19 ernment payroll and retirement systems (other than

20 the retirement system for police officers, fire fighters,

21 and teachers).

22 ‘‘(22) Governing the accounting policies and sys23 tems applicable to the District government.
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1 ‘‘(23) Preparing appropriate annual, quarterly,

2 and monthly financial reports of the accounting and

3 financial operations of the District government.

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

5 each fiscal year, preparing the complete financial

6 statement and report on the activities of the District

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

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

9 ‘‘(25) Preparing fiscal impact statements on reg10 ulations, multiyear contracts, contracts over

11 $1,000,000 and on legislation, as required by section

12 4a of the General Legislative Procedures Act of 1975.

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

14 Mayor, who has the specific responsibility for formu15 lating budget policy using Chief Financial Officer

16 technical and human resources, the budget for submis17 sion by the Mayor to the Council and to the public

18 and upon final adoption to Congress and to the pub19 lic.

20 ‘‘(27) Certifying all collective bargaining agree21 ments and nonunion pay proposals prior to submis22 sion to the Council for approval as to the availability

23 of funds to meet the obligations expected to be in24 curred by the District government under such collec-
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1 tive bargaining agreements and nonunion pay pro2 posals during the year.

3 ‘‘(e) FUNCTIONS OF TREASURER.—At all times, the

4 Treasurer shall have the following duties:

5 ‘‘(1) Assisting the Chief Financial Officer in re6 porting revenues received by the District government,

7 including submitting annual and quarterly reports

8 concerning the cash position of the District govern9 ment not later than 60 days after the last day of the

10 quarter (or year) involved. Each such report shall in11 clude the following:

12 ‘‘(A) Comparative reports of revenue and

13 other receipts by source, including tax, nontax,

14 and Federal revenues, grants and reimburse15 ments, capital program loans, and advances.

16 Each source shall be broken down into specific

17 components.

18 ‘‘(B) Statements of the cash flow of the Dis19 trict government for the preceding quarter or

20 year, including receipts, disbursements, net

21 changes in cash inclusive of the beginning bal22 ance, cash and investment, and the ending bal23 ance, inclusive of cash and investment. Such

24 statements shall reflect the actual, planned, better

25 or worse dollar amounts and the percentage
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1 change with respect to the current quarter, year2 to-date, and fiscal year.

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

4 quarter or year involved, reflecting receipts, dis5 bursements, net change in cash inclusive of the

6 beginning balance, cash and investment, and the

7 ending balance, inclusive of cash and investment

8 with respect to the actual dollar amounts for the

9 quarter or year, and projected dollar amounts

10 for each of the 3 succeeding quarters.

11 ‘‘(D) Monthly reports reflecting a detailed

12 summary analysis of all District of Columbia

13 government investments, including—

14 ‘‘(i) the total of long-term and short15 term investments;

16 ‘‘(ii) a detailed summary analysis of

17 investments by type and amount, including

18 purchases, sales (maturities), and interest;

19 ‘‘(iii) an analysis of investment port20 folio mix by type and amount, including li21 quidity, quality/risk of each security, and

22 similar information;

23 ‘‘(iv) an analysis of investment strat24 egy, including near-term strategic plans

25 and projects of investment activity, as well
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1 as forecasts of future investment strategies

2 based on anticipated market conditions,

3 and similar information; and

4 ‘‘(v) an analysis of cash utilization,

5 including—

6 ‘‘(I) comparisons of budgeted per7 centages of total cash to be invested

8 with actual percentages of cash in9 vested and the dollar amounts;

10 ‘‘(II) comparisons of the next re11 turn on invested cash expressed in per12 centages (yield) with comparable mar13 ket indicators and established District

14 of Columbia government yield objec15 tives; and

16 ‘‘(III) comparisons of estimated

17 dollar return against actual dollar

18 yield.

19 ‘‘(E) Monthly reports reflecting a detailed

20 summary analysis of long-term and short-term

21 borrowings inclusive of debt as authorized by sec22 tion 603, in the current fiscal year and the

23 amount of debt for each succeeding fiscal year

24 not to exceed 5 years. All such reports shall

25 reflect—
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1 ‘‘(i) the amount of debt outstanding by

2 type of instrument;

3 ‘‘(ii) the amount of authorized and

4 unissued debt, including availability of

5 short-term lines of credit, United States

6 Treasury borrowings, and similar informa7 tion;

8 ‘‘(iii) a maturity schedule of the debt;

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

10 the debt; and

11 ‘‘(v) the amount of debt service require12 ments and related debt service reserves.

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

14 Financial Officer under subsection (d) as the Chief

15 Financial Officer may delegate.

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

17 sections 424a and 424b)—

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

19 Columbia Financial Responsibility and Management

20 Assistance Authority established under section 101(a)

21 of the District of Columbia Financial Responsibility

22 and Management Assistance Act of 1995;

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

24 given such term under section 305(4) of such Act; and
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1 ‘‘(3) the term ‘District government’ has the

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

3 Act.’’.

4 (b) CLARIFICATION OF DUTIES OF CHIEF FINANCIAL

5 OFFICER AND MAYOR.—

6 (1) RELATION TO FINANCIAL DUTIES OF

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

8 204.48(a), D.C. Official Code) is amended by striking

9 ‘‘section 603,’’and inserting ‘‘section 603 and except

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

11 (2) RELATION TO MAYOR’S DUTIES REGARDING

12 ACCOUNTING SUPERVISION AND CONTROL.—Section

13 449 of such Act (section 1–204.49, D.C. Official Code)

14 is amended by striking ‘‘The Mayor’’ and inserting

15 ‘‘Except to the extent provided under section 424(d),

16 the Mayor’’.

17 SEC. 202. PERSONNEL AUTHORITY.

18 (a) PROVIDING INDEPENDENT PERSONNEL AUTHOR19 ITY.—

20 (1) IN GENERAL.—Part B of title IV of the Dis21 trict of Columbia Home Rule Act is amended by add22 ing at the end the following new section:

23 ‘‘AUTHORITY OF CHIEF FINANCIAL OFFICER OVER

24 PERSONNEL OF OFFICE AND OTHER FINANCIAL PERSONNEL

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

26 provision of law or regulation (including any law or regu-
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1 lation providing for collective bargaining or the enforce2 ment of any collective bargaining agreement), employees of

3 the Office of the Chief Financial Officer of the District of

4 Columbia, including personnel described in subsection (b),

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

6 shall act under the direction and control of the Chief Finan7 cial Officer of the District of Columbia, and shall be consid8 ered at-will employees not covered by the District of Colum9 bia Merit Personnel Act of 1978, except that nothing in this

10 section may be construed to prohibit the Chief Financial

11 Officer from entering into a collective bargaining agreement

12 governing such employees and personnel or to prohibit the

13 enforcement of such an agreement as entered into by the

14 Chief Financial Officer.

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

16 subsection are as follows:

17 ‘‘(1) The General Counsel to the Chief Financial

18 Officer and all other attorneys in the Office of the

19 General Counsel within the Office of the Chief Finan20 cial Officer of the District of Columbia, together with

21 all other personnel of the Office.

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

23 attorneys by the Chief Financial Officer or any office

24 under the personnel authority of the Chief Financial

25 Officer, each of whom shall act under the direction
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1 and control of the General Counsel to the Chief Fi2 nancial Officer.

3 ‘‘(3) The heads and all personnel of the subordi4 nate offices of the Office (as described in section

5 424(a)(2) and established as subordinate offices in

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

7 Agency Fiscal Officers, and Associate Chief Financial

8 Officers of all District of Columbia executive branch

9 subordinate and independent agencies (in accordance

10 with subsection (c)), together with all other District of

11 Columbia accounting, budget, and financial manage12 ment personnel (including personnel of executive

13 branch independent agencies, but not including per14 sonnel of the legislative or judicial branches of the

15 District government).

16 ‘‘(c) APPOINTMENT OF CERTAIN EXECUTIVE BRANCH

17 AGENCY CHIEF FINANCIAL OFFICERS.—

18 ‘‘(1) IN GENERAL.—The Chief Financial Officers

19 and Associate Chief Financial Officers of all District

20 of Columbia executive branch subordinate and inde21 pendent agencies (other than those of a subordinate

22 office of the Office) shall be appointed by the Chief Fi23 nancial Officer, in consultation with the agency head,

24 where applicable. The appointment shall be made
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1 from a list of qualified candidates developed by the

2 Chief Financial Officer.

3 ‘‘(2) TRANSITION.—Any executive branch agency

4 Chief Financial Officer appointed prior to the date of

5 enactment of the 2005 District of Columbia Omnibus

6 Authorization Act may continue to serve in that ca7 pacity without reappointment.

8 ‘‘(d) INDEPENDENT AUTHORITY OVER LEGAL PER9 SONNEL.—Title VIII–B of the District of Columbia Govern10 ment Comprehensive Merit Personnel Act of 1978 (sec. 1–

11 608.51 et seq., D.C. Official Code) shall not apply to the

12 Office of the Chief Financial Officer or to attorneys em13 ployed by the Office.’’

14 (2) CLERICAL AMENDMENT.—The table of con15 tents of part B of title IV of the District of Columbia

16 Home Rule Act is amended by adding at the end the

17 following new item:

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

other financial personnel.’’.

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

19 District of Columbia Government Comprehensive Merit

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

21 § 1–608.62) is amended by striking paragraph (2).

22 SEC. 203. PROCUREMENT AUTHORITY.

23 (a) PROVIDING INDEPENDENT AUTHORITY TO PRO24 CURE GOODS AND SERVICES.—
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1 (1) IN GENERAL.—Part B of title IV of the Dis2 trict of Columbia Home Rule Act, as amended by sec3 tion 203(a)(1), is further amended by adding at the

4 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 the

9 Chief Financial Officer through a procurement office or di10 vision which shall operate independently of, and shall not

11 be governed by, the Office of Contracting and Procurement

12 established under the District of Columbia Procurement

13 Practices Act of 1986 or any successor office, except the pro14 visions applicable under such Act to procurement carried

15 out by the Chief Procurement Officer established by section

16 105 of such Act or any successor office shall apply with

17 respect to the procurement carried out by the Chief Finan18 cial 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 Columbia

21 Home Rule Act, as amended by section 203(a)(2), is

22 further amended by adding at the end following new

23 item:

‘‘Sec. 424b. Procurement authority of the Chief Financial Officer.’’.

24 (b) CONFORMING AMENDMENTS.—
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1 (1) PROCUREMENT PRACTICES ACT.—Section

2 104 of the District of Columbia Procurement Prac3 tices Act of 1985 (sec. 2–301.04, D.C. Official Code)

4 is amended—

5 (A) in subsection (a), by striking ‘‘, and the

6 District of Columbia Financial Responsibility

7 and Management Assistance Authority’’ and in8 serting the following: ‘‘the District of Columbia

9 Financial Responsibility and Management As10 sistance Authority, and (to the extent described

11 in section 424b of the District of Columbia Home

12 Rule Act) the Office of the Chief Financial Offi13 cer of the District of Columbia’’; and

14 (B) in subsection (c), by striking the second

15 and third sentences.

16 (2) OTHER CONFORMING AMENDMENT.—Section

17 132 of the District of Columbia Appropriations Act,

18 2006 (Public Law 109–115) is hereby repealed.

19 (c) EFFECTIVE DATE.—This section and the amend20 ments made by this section shall take effect 6 months after

21 the date of enactment of this Act.

22 SEC. 204. FISCAL IMPACT STATEMENTS.

23 The General Legislative Procedures Act of 1975 (sec.

24 1–301.45 et seq., D.C. Official Code) is amended by adding

25 at the end the following new section:
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1 ‘‘FISCAL IMPACT STATEMENTS

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

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

4 law, except as provided in subsection (c), all perma5 nent bills and resolutions shall be accompanied by a

6 fiscal impact statement before final adoption by the

7 Council.

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

9 shall include the estimate of the costs which will be

10 incurred by the District as a result of the enactment

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

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

13 effect, together with a statement of the basis for such

14 estimate.

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

16 acts which are accompanied by fiscal impact statements

17 which reflect unbudgeted costs, shall be subject to appropria18 tions prior to becoming effective.

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

20 to emergency declaration, ceremonial, confirmation, and

21 sense of the Council resolutions.’’.
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1 TITLE III—AUTHORIZATION OF

2 CERTAIN GENERAL APPRO3 PRIATIONS PROVISIONS

4 SEC. 301. ACCEPTANCE OF GIFTS BY COURT SERVICES AND

5 OFFENDER SUPERVISION AGENCY.

6 (a) AUTHORITY TO ACCEPT GIFTS.—Section 11233(b)

7 of the National Capital Revitalization and Self-Government

8 Improvement Act of 1997 (sec. 24–133(b), D.C. Official

9 Code) is amended by adding at the end the following new

10 paragraphs:

11 ‘‘(3) ACCEPTANCE OF GIFTS.—

12 ‘‘(A) AUTHORITY TO ACCEPT GIFTS.—Dur13 ing fiscal years 2006 through 2008, the Director

14 may accept and use gifts in the form of—

15 ‘‘(i) in-kind contributions of space and

16 hospitality to support offender and defend17 ant programs; and

18 ‘‘(ii) equipment and vocational train19 ing services to educate and train offenders

20 and defendants.

21 ‘‘(B) RECORDS.—The Director shall keep

22 accurate and detailed records of the acceptance

23 and use of any gifts under subparagraph (A),

24 and shall make such records available for audit

25 and public inspection.
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1 ‘‘(4) REIMBURSEMENT FROM DISTRICT GOVERN2 MENT.—During fiscal years 2006 through 2008, the

3 Director may accept and use reimbursement from the

4 District government for space and services provided,

5 on a cost reimbursable basis.’’.

6 (b) AUTHORITY OF PUBLIC DEFENDER SERVICE TO

7 CHARGE FEES FOR EVENT MATERIALS.—Section 307 of the

8 District of Columbia Court Reform and Criminal Proce9 dure Act of 1970 (sec. 2–1607, D.C. Official Code) is

10 amended by adding at the end the following new subsection:

11 ‘‘(d) During fiscal years 2006 through 2008, the Serv12 ice may charge fees to cover the costs of materials distrib13 uted to attendees of educational events, including con14 ferences, sponsored by the Service. Notwithstanding section

15 3302 of title 31, United States Code, any amounts received

16 as fees under this subsection shall be credited to the Service

17 and available for use without further appropriation.’’.

18 SEC. 302. EVALUATION PROCESS FOR PUBLIC SCHOOL EM19 PLOYEES.

20 Title XVII of the District of Columbia Merit Personnel

21 Act of 1978 (sec. 1–617.01 et seq., D.C. Official Code) is

22 amended by adding at the end the following new section:
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1 ‘‘SEC. 1718. EVALUATION PROCESS FOR PUBLIC SCHOOL

2 EMPLOYEES.

3 ‘‘Notwithstanding any other provision of law, rule, or

4 regulation, during fiscal year 2006 and each succeeding fis5 cal year the evaluation process and instruments for evalu6 ating District of Columbia Public Schools employees shall

7 be a non-negotiable item for collective bargaining pur8 poses.’’.

9 SEC. 303. CLARIFICATION OF APPLICATION OF PAY PROVI10 SIONS OF MERIT PERSONNEL SYSTEM TO ALL

11 DISTRICT EMPLOYEES.

12 (a) DISTRICT OF COLUMBIA HOME RULE ACT.—The

13 fourth sentence of section 422(3) of the District of Columbia

14 Home Rule Act (sec. 1–204.42(3), D.C. Official Code) is

15 amended by striking ‘‘The system may provide’’ and insert16 ing the following: ‘‘The system shall apply with respect to

17 the compensation of employees of the District government

18 during fiscal year 2006 and each succeeding fiscal year, ex19 cept that the system may provide’’.

20 (b) TITLE 5, UNITED STATES CODE.—Section 5102 of

21 title 5, United States Code, is amended by adding at the

22 end the following new subsection:

23 ‘‘(e) Except as may be specifically provided, this chap24 ter does not apply for pay purposes to any employee of the

25 government of the District of Columbia during fiscal year

26 2006 or any succeeding fiscal year.’’.
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1 SEC. 304. CRITERIA FOR RENEWING OR EXTENDING SOLE

2 SOURCE CONTRACTS.

3 Section 305 of the District of Columbia Procurement

4 Practices Act of 1985 (sec. 2–303.05, D.C. Official Code)

5 is amended by adding at the end the following new sub6 section:

7 ‘‘(b) During fiscal years 2006 through 2008, a procure8 ment contract awarded through noncompetitive negotia9 tions in accordance with subsection (a) may be renewed or

10 extended only if the Chief Financial Officer of the District

11 of Columbia reviews the contract and certifies that the con12 tract was renewed or extended in accordance with duly pro13 mulgated rules and procedures.’’.

14 SEC. 305. ACCEPTANCE OF GRANT AMOUNTS NOT IN15 CLUDED IN ANNUAL BUDGET.

16 (a) AUTHORITY TO ACCEPT, OBLIGATE, AND EXPEND

17 AMOUNTS.—Subpart 1 of part D of title IV of the District

18 of Columbia Home Rule Act (sec. 1–204.41 et seq., D.C. Of19 ficial Code), as amended by section 101(a), is amended by

20 inserting after section 446A the following new section:

21 ‘‘ACCEPTANCE OF GRANT AMOUNTS NOT INCLUDED IN

22 ANNUAL BUDGET

23 ‘‘SEC. 446B. (a) AUTHORITY TO ACCEPT, OBLIGATE,

24 AND EXPEND AMOUNTS.—Notwithstanding the fourth sen25 tence of section 446, the Mayor, in consultation with the

26 Chief Financial Officer of the District of Columbia may ac-
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1 cept, obligate, and expend Federal, private, and other

2 grants received by the District government that are not re3 flected in the budget approved by Act of Congress as pro4 vided in such section.

5 ‘‘(b) CONDITIONS.—

6 ‘‘(1) ROLE OF CHIEF FINANCIAL OFFICER; AP7 PROVAL BY COUNCIL.—No Federal, private, or other

8 grant may be accepted, obligated, or expended pursu9 ant to subsection (a) until—

10 ‘‘(A) the Chief Financial Officer submits to

11 the Council a report setting forth detailed infor12 mation regarding such grant; and

13 ‘‘(B) the Council has reviewed and ap14 proved the acceptance, obligation, and expendi15 ture of such grant.

16 ‘‘(2) DEEMED APPROVAL BY COUNCIL.—For pur17 poses of paragraph (1)(B), the Council shall be

18 deemed to have reviewed and approved the acceptance,

19 obligation, and expenditure of a grant if—

20 ‘‘(A) no written notice of disapproval is

21 filed with the Secretary of the Council within 14

22 calendar days of the receipt of the report from

23 the Chief Financial Officer under paragraph

24 (1)(A); or
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1 ‘‘(B) if such a notice of disapproval is filed

2 within such deadline, the Council does not by

3 resolution disapprove the acceptance, obligation,

4 or expenditure of the grant within 30 calendar

5 days of the initial receipt of the report from the

6 Chief Financial Officer under paragraph (1)(A).

7 ‘‘(c) NO OBLIGATION OR EXPENDITURE PERMITTED IN

8 ANTICIPATION OF RECEIPT OR APPROVAL.—No amount

9 may be obligated or expended from the general fund or other

10 funds of the District of Columbia government in anticipa11 tion of the approval or receipt of a grant under subsection

12 (b)(2) or in anticipation of the approval or receipt of a

13 Federal, private, or other grant not subject to such sub14 section.

15 ‘‘(d) ADJUSTMENTS TO ANNUAL BUDGET.—The Chief

16 Financial Officer may adjust the budget for Federal, pri17 vate, and other grants received by the District government

18 reflected in the amounts provided in the budget approved

19 by Act of Congress under section 446, or approved and re20 ceived under subsection (b)(2) to reflect a change in the ac21 tual amount of the grant.

22 ‘‘(e) REPORTS.—The Chief Financial Officer shall pre23 pare a quarterly report setting forth detailed information

24 regarding all Federal, private, and other grants subject to

25 this section. Each such report shall be submitted to the
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1 Council and to the Committees on Appropriations of the

2 House of Representatives and Senate not later than 15 days

3 after the end of the quarter covered by the report.

4 ‘‘(f) EFFECTIVE DATE.—This section shall apply with

5 respect to fiscal years 2006 through 2008.’’.

6 (b) CONFORMING AMENDMENT.—The fourth sentence of

7 section 446 of such Act (sec. 1–204.46, D.C. Official Code),

8 as amended by section 101(b), is amended by inserting ‘‘sec9 tion 446B,’’ after ‘‘section 446A,’’.

10 (c) CLERICAL AMENDMENT.—The table of contents of

11 such Act, as amended by section 101(c), is amended by in12 serting after the item relating to section 446A the following

13 new item:

‘‘Sec. 446B. Acceptance of grant amounts not included in annual budget.’’.

14 SEC. 306. STANDARDS FOR ANNUAL INDEPENDENT AUDIT.

15 Section 448 of the District of Columbia Home Rule

16 Act (sec. 1–204.48, D.C. Official Code) is amended—

17 (1) in subsection (a)(4), by striking the semi18 colon at the end and inserting the following: ‘‘, as au19 dited by the Inspector General of the District of Co20 lumbia in accordance with subsection (c) in the case

21 of fiscal years 2006 through 2008;’’; and

22 (2) by adding at the end the following new sub23 section:

24 ‘‘(c) The financial statement and report for a fiscal

25 year prepared and submitted for purposes of subsection
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1 (a)(4) shall be audited by the Inspector General of the Dis2 trict of Columbia (in coordination with the Chief Financial

3 Officer of the District of Columbia) pursuant to section

4 208(a)(4) of the District of Columbia Procurement Prac5 tices Act of 1985, and shall include as a basic financial

6 statement a comparison of audited actual year-end results

7 with the revenues submitted in the budget document for such

8 year and the appropriations enacted into law for such year

9 using the format, terminology, and classifications contained

10 in the law making the appropriations for the year and its

11 legislative history.’’.

12 SEC. 307. USE OF FINES IMPOSED FOR VIOLATION OF TRAF13 FIC ALCOHOL LAWS FOR ENFORCEMENT AND

14 PROSECUTION OF LAWS.

15 Section 10(b)(3) of the District of Columbia Traffic

16 Act, 1925 (sec. 50–2201.05(b)(3), D.C. Official Code) is

17 amended to read as follows:

18 ‘‘(3) Notwithstanding any other provision of law, all

19 fines imposed and collected pursuant to this subsection dur20 ing fiscal year 2006 and each succeeding fiscal year shall

21 be transferred to the General Fund of the District of Colum22 bia, shall be used by the District of Columbia exclusively

23 for the enforcement and prosecution of the District traffic

24 alcohol laws, and shall remain available until expended.’’.
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1 SEC. 308. CERTIFICATIONS FOR ATTORNEYS IN CASES

2 BROUGHT UNDER INDIVIDUALS WITH DIS3 ABILITIES EDUCATION ACT.

4 (a) RESPONSIBILITIES OF CHIEF FINANCIAL OFFI5 CER.—Section 424(d) of the District of Columbia Home

6 Rule Act (sec. 1–204.24(d), D.C. Official Code), as amended

7 by section 201(a), is amended by adding at the end the fol8 lowing new paragraph:

9 ‘‘(28) With respect to attorneys in special edu10 cation cases brought under the Individuals with Dis11 abilities Education Act in the District of Columbia

12 during fiscal year 2006 and each succeeding fiscal

13 year—

14 ‘‘(A) requiring such attorneys to certify in

15 writing that the attorney or representative of the

16 attorney rendered any and all services for which

17 the attorney received an award in such a case,

18 including those received under a settlement

19 agreement or as part of an administrative pro20 ceeding, from the District of Columbia;

21 ‘‘(B) requiring such attorneys, as part of

22 the certification under subparagraph (A), to dis23 close any financial, corporate, legal, membership

24 on boards of directors, or other relationships

25 with any special education diagnostic services,

26 schools, or other special education service pro-
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1 viders to which the attorneys have referred any

2 clients in any such cases; and

3 ‘‘(C) preparing and submitting quarterly

4 reports to the Committees on Appropriations of

5 the House of Representatives and Senate on the

6 certification of and the amount paid by the gov7 ernment of the District of Columbia, including

8 the District of Columbia Public Schools, to such

9 attorneys.’’.

10 (b) INVESTIGATIONS BY INSPECTOR GENERAL.—Sec11 tion 208(a)(3) of the District of Columbia Procurement

12 Practices Act of 1985 (sec. 2–302.08(a)(3), D.C. Official

13 Code) is amended by adding at the end the following new

14 subparagraph:

15 ‘‘(J) During fiscal year 2006 and each succeeding fis16 cal year, conduct investigations to determine the accuracy

17 of certifications made to the Chief Financial Officer of the

18 District of Columbia under section 424(d)(28) of the Dis19 trict of Columbia Home Rule Act of attorneys in special

20 education cases brought under the Individuals with Disabil21 ities Education Act in the District of Columbia.’’.

Attest:

Secretary.
109TH CONGRESS

2D SESSION H. R. 3508

AMENDMENT