IB 

Union Calendar No. 146 

109TH CONGRESS 

1ST SESSION H. R. 3508 

[Report No. 109–267] 

To authorize improvements in the operation of the government of the District 

of Columbia, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 28, 2005 

Mr. TOM DAVIS of Virginia (for himself and Ms. NORTON) introduced the 

following bill; which was referred to the Committee on Government Reform 

NOVEMBER 3, 2005 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on July 28, 2005] 

A BILL 

To authorize improvements in the operation of the government of the District of Columbia, and for other purposes. 

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘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. Authority of Mayor of District of Columbia to appoint members of Public Charter School Board. 

Sec. 104. Permitting General Services Administration to obtain space and services on behalf of District of Columbia Public Defender Service. 

Sec. 105. Authority to enter into Interstate Insurance Product Regulation Compact. 

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. 

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. 

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. 

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. 
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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 year 2006 and each suc13 ceeding fiscal year.’’. 

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 The District of Columbia’’ and inserting the fol21 lowing: 

22 ‘‘(7) REPLENISHMENT.— 

23 ‘‘(A) IN GENERAL.—The District of Colum24 bia’’; and 
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1 (B) by adding at the end the following new 

2 subparagraph: 

3 ‘‘(B) SPECIAL RULE FOR REPLENISHMENT

4 AFTER ALLOCATION FOR CASH FLOW MANAGE5 MENT.— 

6 ‘‘(i) IN GENERAL.—If the District allo7 cates amounts from the emergency reserve 

8 fund during a fiscal year for cash flow 

9 management purposes pursuant to the au10 thority of subsection (c) and at any time 

11 afterwards during the year makes a subse12 quent allocation from the fund for purposes 

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

14 subsequent allocation the balance of the 

15 fund is reduced to an amount which is less 

16 than 50 percent of the balance of the fund 

17 as of the first day of the fiscal year, the Dis18 trict shall replenish the fund by such 

19 amount as may be required to restore the 

20 balance to an amount which is equal to 50 

21 percent of the balance of the fund as of the 

22 first day of the fiscal year. 

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

24 carry out any replenishment required under 

25 clause (i) as a result of a subsequent alloca-
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1 tion described in such clause not later than 

2 the expiration of the 60-day period which 

3 begins on the date of the subsequent alloca4 tion.’’. 

5 (2) CONTINGENCY RESERVE FUND.—Section 

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

7 Official Code) is amended— 

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

9 The District of Columbia’’ and inserting the fol10 lowing: 

11 ‘‘(6) REPLENISHMENT.— 

12 ‘‘(A) IN GENERAL.—The District of Colum13 bia’’; and 

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

15 subparagraph: 

16 ‘‘(B) SPECIAL RULE FOR REPLENISHMENT

17 AFTER ALLOCATION FOR CASH FLOW MANAGE18 MENT.— 

19 ‘‘(i) IN GENERAL.—If the District allo20 cates amounts from the contingency reserve 

21 fund during a fiscal year for cash flow 

22 management purposes pursuant to the au23 thority of subsection (c) and at any time 

24 afterwards during the year makes a subse25 quent allocation from the fund for purposes 
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1 of this subsection, and if as a result of the 

2 subsequent allocation the balance of the 

3 fund is reduced to an amount which is less 

4 than 50 percent of the balance of the fund 

5 as of the first day of the fiscal year, the Dis6 trict shall replenish the fund by such 

7 amount as may be required to restore the 

8 balance to an amount which is equal to 50 

9 percent of the balance of the fund as of the 

10 first day of the fiscal year. 

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

12 carry out any replenishment required under 

13 clause (i) as a result of a subsequent alloca14 tion described in such clause not later than 

15 the expiration of the 60-day period which 

16 begins on the date of the subsequent alloca17 tion.’’. 

18 SEC. 103. AUTHORITY OF MAYOR OF DISTRICT OF COLUM19 BIA TO APPOINT MEMBERS OF PUBLIC CHAR20 TER SCHOOL BOARD. 

21 (a) APPOINTMENT OF MEMBERS.—Section 2214(a)(2) 

22 of the District of Columbia School Reform Act of 1995 (sec. 

23 38–1802.14(a)(2), D.C. Official Code) is amended by strik24 ing ‘‘The Secretary of Education’’ and all that follows 

25 through ‘‘represented on the Board:’’ and inserting the fol-
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1 lowing: ‘‘The Board shall consist of 7 individuals appointed 

2 by the Mayor in consultation with the District of Columbia 

3 Council who are determined by the Mayor to be qualified 

4 to serve on the Board, so that a knowledge of each of the 

5 following areas is represented:’’. 

6 (b) FILLING OF VACANCIES.—Section 2214(a)(3) of 

7 such Act (sec. 38–1802.14(a)(3), D.C. Official Code) is 

8 amended to read as follows: 

9 ‘‘(3) VACANCIES.—When a vacancy occurs in the 

10 membership of the Board for reasons other than the 

11 expiration of the term of a member, the Mayor, in 

12 consultation with the District of Columbia Council, 

13 shall appoint an individual to fill the vacancy taking 

14 into consideration the criteria described in paragraph 

15 (2). Any individual appointed to fill a vacancy occur16 ring prior to the expiration of the term of a prede17 cessor shall be appointed only for the remainder of 

18 that term.’’. 

19 (c) CONFORMING AMENDMENT.—Section 2214(a) of 

20 such Act (sec. 38–1802.14(a), D.C. Official Code) is amend21 ed— 

22 (1) by striking paragraph (4); and 

23 (2) by redesignating paragraphs (5) and (6) as 

24 paragraphs (4) and (5). 
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1 (d) EFFECTIVE DATE.—The amendments made by this 

2 section shall apply with respect to appointments made to 

3 the Public Charter School Board of the District of Columbia 

4 after the date of the enactment of this Act. 

5 SEC. 104. PERMITTING GENERAL SERVICES ADMINISTRA6 TION TO OBTAIN SPACE AND SERVICES ON 

7 BEHALF OF DISTRICT OF COLUMBIA PUBLIC 

8 DEFENDER SERVICE. 

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

10 At the request of the Director of the District of Columbia 

11 Public Defender Service, the Administrator of General Serv12 ices may furnish space and services on behalf of the Service 

13 (either directly by providing space and services in buildings 

14 owned or occupied by the Federal Government or indirectly 

15 by entering into leases with non-Federal entities) in the 

16 same manner, and under the same terms and conditions, 

17 as the Administrator may furnish space and services on be18 half of an agency of the Federal Government. 

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

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

21 SEC. 105. AUTHORITY TO ENTER INTO INTERSTATE INSUR22 ANCE PRODUCT REGULATION COMPACT. 

23 (a) IN GENERAL.—The District of Columbia is author24 ized to enter into an interstate compact to establish a joint 

25 state commission as an instrumentality of the District of 
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1 Columbia for the purpose of establishing uniform insurance 

2 product regulations among the participating states. 

3 (b) DELEGATION.—Any insurance product regulation 

4 compact that the Council of the District of Columbia au5 thorizes the Mayor to execute on behalf of the District may 

6 contain provisions that delegate the requisite power and au7 thority to the joint state commission to achieve the purposes 

8 for which the interstate compact is established. 

9 Subtitle B—District of Columbia 

10 Courts 

11 SEC. 111. MODERNIZATION OF OFFICE OF REGISTER OF 

12 WILLS. 

13 (a) REVISION OF DUTIES.—Section 11–2104(b), Dis14 trict of Columbia Official Code, is amended to read as fol15 lows: 

16 ‘‘(b) In matters over which the Superior Court has pro17 bate jurisdiction or powers, the Register of Wills shall— 

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

19 records, of the proceedings of the court; 

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

21 proved before the Register of Wills or the court and 

22 other matters required by law to be recorded in the 

23 court; 

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

25 court original papers filed with the Register of Wills; 
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1 ‘‘(4) make out and issue every summons, process, 

2 and order of the court; 

3 ‘‘(5) prepare and submit to the Executive Officer 

4 of the District of Columbia courts such reports as 

5 may be required; and 

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

7 direction of the court.’’. 

8 (b) REPEAL OF PENALTIES.— 

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

10 Columbia Official Code, is amended— 

11 (A) in the heading, by striking ‘‘; pen12 alties’’; and 

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

14 (2) CLERICAL AMENDMENT.—The item relating 

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

16 21 of title 11, District of Columbia Official Code, is 

17 amended by striking ‘‘; penalties’’. 

18 (c) RECORD OF CLAIMS AGAINST NONRESIDENT DECE19 DENTS.—Section 20–343(d), District of Columbia Official 

20 Code, is amended by striking the second sentence and insert21 ing the following: ‘‘The Register shall record all such claims 

22 and releases.’’. 
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1 SEC. 112. INCREASE IN CAP ON RATES OF PAY FOR NON2 JUDICIAL EMPLOYEES. 

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

4 1726(a), District of Columbia Official Code, is amended by 

5 striking ‘‘pay fixed by administrative action in section 

6 5373’’ and inserting ‘‘maximum pay in section 5382(a)’’. 

7 (b) EFFECTIVE DATE.—The amendment made by sub8 section (a) shall apply with respect to pay periods begin9 ning on or after the date of the enactment of this Act. 

10 SEC. 113. CLARIFICATION OF RATE FOR INDIVIDUALS PRO11 VIDING SERVICES TO INDIGENT DEFEND12 ANTS. 

13 (a) IN GENERAL.—Section 11–2605, District of Co14 lumbia Official Code, is amended— 

15 (1) by striking subsection (b); 

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

17 States Code,’’ the following: ‘‘(or, in the case of inves18 tigative services, a fixed rate of $25 per hour)’’; and 

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

20 States Code,’’ the following: ‘‘(or, in the case of inves21 tigative services, a fixed rate of $25 per hour)’’. 

22 (b) EFFECTIVE DATE.—The amendment made by sub23 section (a) shall apply with respect to services provided on 

24 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 ‘‘The court may hold special sessions at any place out11 side the District of Columbia as the nature of the business 

12 may require and upon such notice as the court orders, upon 

13 a finding by either the chief judge of the court (or, if the 

14 chief judge is unavailable, the most senior available active 

15 judge of the court) or the Joint Committee on Judicial Ad16 ministration of the District of Columbia that, because of 

17 emergency conditions, no location within the District of Co18 lumbia is reasonably available where such special sessions 

19 could be held. The court may transact any business at a 

20 special session authorized pursuant to this section which 

21 it has the authority to transact at a regular session.’’. 

22 (2) CLERICAL AMENDMENT.—The table of con23 tents of chapter 7 of title 11, District of Columbia Of24 ficial Code, is amended by adding at the end of the 

25 items relating to subchapter I the following: 
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‘‘11–710. Emergency authority to conduct proceedings outside District of Columbia.’’. 

1 (b) SUPERIOR COURT OF THE DISTRICT OF COLUM2 BIA.— 

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

4 title 11, District of Columbia Official Code, is amend5 ed by adding at the end the following new section: 

6 ‘‘§ 11–911. Emergency authority to conduct pro7 ceedings outside District of Columbia. 

8 ‘‘The Superior Court may hold special sessions at any 

9 place outside the District of Columbia as the nature of the 

10 business may require and upon such notice as the Superior 

11 Court orders, upon a finding by either the chief judge of 

12 the Superior Court (or, if the chief judge is unavailable, 

13 the most senior available active judge of the Superior Court) 

14 or the Joint Committee on Judicial Administration of the 

15 District of Columbia that, because of emergency conditions, 

16 no location within the District of Columbia is reasonably 

17 available where such special sessions could be held. The Su18 perior Court may transact any business at a special session 

19 authorized pursuant to this section which it has the author20 ity to transact at a regular session, including business re21 quiring the summoning of jurors from within the District 

22 of Columbia to the location outside the District of Columbia 

23 at which the special session is held.’’. 
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1 (2) CLERICAL AMENDMENT.—The table of con2 tents of chapter 9 of title 11, District of Columbia Of3 ficial Code, is amended by adding at the end of the 

4 items relating to subchapter I the following: 

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

5 SEC. 115. AUTHORITY OF COURT SERVICES AND OFFENDER 

6 SUPERVISION AGENCY TO USE SERVICES OF 

7 VOLUNTEERS. 

8 Section 11233 of the National Capital Revitalization 

9 and Self-Government Improvement Act of 1997 (sec. 24– 

10 133, D.C. Official Code) is amended by adding at the end 

11 the following new subsection: 

12 ‘‘(g) AUTHORITY TO USE SERVICES OF VOLUN13 TEERS.— 

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

15 independent entity within the Agency) may accept the 

16 services of volunteers and provide for their incidental 

17 expenses to carry out any activity of the Agency ex18 cept policy-making. 

19 ‘‘(2) APPLICABILITY OF WORKER’S COMPENSA20 TION RULES TO VOLUNTEERS.—Any volunteer whose 

21 services are accepted pursuant to this subsection shall 

22 be considered an employee of the United States Gov23 ernment in providing the services for purposes of 
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1 chapter 81 of title 5, United States Code (relating to 

2 compensation for work injuries).’’. 

3 SEC. 116. TECHNICAL CORRECTIONS RELATING TO COURTS. 

4 (a) CORRECTIONS RELATING TO DISTRICT OF COLUM5 BIA APPROPRIATIONS ACT, 2005.— 

6 (1) IN GENERAL.—Section 329 of the District of 

7 Columbia Appropriations Act, 2005 (Public Law 

8 108–335; 118 Stat. 1345), is amended to read as fol9 lows: 

10 ‘‘SEC. 329. (a) APPROVAL OF BONDS BY JOINT COM11 MITTEE ON JUDICIAL ADMINISTRATION.—Section 11– 

12 1701(b), District of Columbia Official Code, is amended by 

13 striking paragraph (5). 

14 ‘‘(b) EXECUTIVE OFFICER.— 

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

16 Columbia Official Code, is amended to read as fol17 lows: 

18 ‘§ 11–1704. Oath of Executive Officer. 

19 ‘The Executive Officer shall take an oath or affirma20 tion for the faithful and impartial discharge of the duties 

21 of that office.’. 

22 ‘‘(2) CLERICAL AMENDMENT.—The table of sec23 tions for chapter 17 of title 11, District of Columbia 

24 Official Code, is amended by amending the item re25 lating to section 11–1704 to read as follows: 

‘11–1704. Oath of Executive Officer.’. 
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1 ‘‘(c) FISCAL OFFICER.—Section 11–1723, District of 

2 Columbia Official Code, is amended— 

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

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

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

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

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

8 Columbia Official Code, is amended by striking the second 

9 and third sentences. 

10 ‘‘(e) REGISTER OF WILLS.— 

11 ‘‘(1) IN GENERAL.—Section 11–2102, District of 

12 Columbia Official Code, is amended— 

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

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

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

16 record’ and inserting ‘seasonably record’; and 

17 ‘‘(C) by striking the third sentence of sub18 section (a). 

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

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

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

22 amended by striking ‘bond;’.’’. 

23 (2) CLERICAL AMENDMENT.—The table of sec24 tions for chapter 17 of title 11, District of Columbia 
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1 Official Code, is amended by amending the item re2 lating to section 11–1728 to read as follows: 

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

3 (3) EFFECTIVE DATE.—The amendments made 

4 by this subsection shall take effect as if included in 

5 the enactment of the District of Columbia Appropria6 tions Act, 2005. 

7 (b) CORRECTIONS RELATING TO DISTRICT OF COLUM8 BIA APPROPRIATIONS ACT, 2002.— 

9 (1) IN GENERAL.—Section 16–2326.01(g)(4), 

10 District of Columbia Official Code, is amended by 

11 striking ‘‘11–2605(c)’’ and inserting ‘‘11–2605(d)’’. 

12 (2) EFFECTIVE DATE.—The amendment made by 

13 paragraph (1) shall take effect as if included in the 

14 enactment of the District of Columbia Appropriations 

15 Act, 2002. 

16 Subtitle C—Other Miscellaneous 

17 Technical Corrections 

18 SEC. 121. 2004 DISTRICT OF COLUMBIA OMNIBUS AUTHOR19 IZATION ACT. 

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

21 the District of Columbia Home Rule Act (sec. 1–204.46, 

22 D.C. Official Code) is amended by striking ‘‘The Council,’’ 

23 and all that follows through ‘‘from the Mayor,’’ and insert24 ing ‘‘The Council, within 56 calendar days after receipt of 

25 the budget proposal from the Mayor,’’. 
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1 (b) EFFECTIVE DATE.—The amendment made by sub2 section (a) shall take effect as if included in the enactment 

3 of the 2004 District of Columbia Omnibus Authorization 

4 Act. 

5 SEC. 122. DISTRICT OF COLUMBIA APPROPRIATIONS ACT, 

6 2005. 

7 (a) IN GENERAL.—Section 450A of the District of Co8 lumbia Home Rule Act (sec. 1–204.50A, D.C. Official 

9 Code), as amended by section 332 of the District of Colum10 bia Appropriations Act, 2005 (Public Law 108–335; 118 

11 Stat. 1346), is amended— 

12 (1) in the heading of subsection (a)(2), by strik13 ing ‘‘IN GENERAL’’ and inserting ‘‘OPERATING EX14 PENDITURES DEFINED’’; and 

15 (2) in the heading of subsection (b)(2), by strik16 ing ‘‘IN GENERAL’’ and inserting ‘‘OPERATING EX17 PENDITURES DEFINED’’. 

18 (b) EFFECTIVE DATE.—The amendments made by sub19 section (a) shall take effect as if included in the enactment 

20 of the District of Columbia Appropriations Act, 2005. 

21 SEC. 123. TECHNICAL AND CONFORMING AMENDMENTS RE22 LATING TO BANKS OPERATING UNDER THE 

23 CODE OF LAW FOR THE DISTRICT OF COLUM24 BIA. 

25 (a) FEDERAL RESERVE ACT.— 
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1 (1) The second undesignated paragraph of the 

2 first section of the Federal Reserve Act (12 U.S.C. 

3 221) is amended by adding at the end the following: 

4 ‘‘For purposes of this Act, a State bank includes any 

5 bank which is operating under the Code of Law for 

6 the District of Columbia.’’. 

7 (2) The first sentence of the first undesignated 

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

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

10 special law of any State, or’’ and inserting ‘‘incor11 porated by special law of any State, operating under 

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

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

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

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

16 inserting ‘‘means any national’’; and 

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

18 company located in the District of Columbia and op19 erating under the supervision of the Comptroller of 

20 the Currency’’. 

21 (c) DEPOSITORY INSTITUTION DEREGULATION AND

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

23 of the Depository Institution Deregulation and Monetary 

24 Control Act of 1980 is amended— 
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1 (1) in paragraph (1) of section 731 (12 U.S.C. 

2 216(1)) by striking ‘‘and closed banks in the District 

3 of Columbia’’; and 

4 (2) in paragraph (2) of section 732 (12 U.S.C. 

5 216a(2)) by striking ‘‘or closed banks in the District 

6 of Columbia’’. 

7 (d) FEDERAL DEPOSIT INSURANCE ACT.—Section 

8 3(a)(2)(B) of the Federal Deposit Insurance Act (12 U.S.C. 

9 1813(a)(2)(B)) is amended by striking ‘‘(except a national 

10 bank)’’. 

11 (e) NATIONAL BANK CONSOLIDATION AND MERGER

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

13 Merger Act (12 U.S.C. 215b(1)) is amended by striking 

14 ‘‘(except a national banking association located in the Dis15 trict of Columbia)’’. 

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

17 Act entitled ‘‘An Act to provide for the conversion of na18 tional banking associations into and their merger or con19 solidation with State banks, and for other purposes’’ and 

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

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

22 (g) FEDERAL TRADE COMMISSION ACT.—Section 

23 18(f)(2) of the Federal Trade Commission Act (15 U.S.C. 

24 57a(f)(2)) is amended— 
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1 (1) in subparagraph (A), by striking ‘‘, banks 

2 operating under the code of law for the District of Co3 lumbia,’’; and 

4 (2) in subparagraph (B), by striking ‘‘and banks 

5 operating under the code of law for the District of Co6 lumbia’’. 

7 TITLE II—INDEPENDENCE OF 

8 THE CHIEF FINANCIAL OFFICER 

9 SEC. 201. PROMOTING INDEPENDENCE OF CHIEF FINAN10 CIAL OFFICER. 

11 (a) IN GENERAL.—Section 424 of the District of Co12 lumbia Home Rule Act (sec. 1–204.24a et seq., D.C. Official 

13 Code) is amended to read as follows: 

14 ‘‘CHIEF FINANCIAL OFFICER OF THE DISTRICT OF

15 COLUMBIA

16 ‘‘SEC. 424. (a) IN GENERAL.— 

17 ‘‘(1) ESTABLISHMENT.—There is hereby estab18 lished within the executive branch of the government 

19 of the District of Columbia an Office of the Chief Fi20 nancial Officer of the District of Columbia (hereafter 

21 referred to as the ‘Office’), which shall be headed by 

22 the Chief Financial Officer of the District of Colum23 bia (hereafter referred to as the ‘Chief Financial Offi24 cer’). 

25 ‘‘(2) ORGANIZATIONAL ANALYSIS.— 
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1 ‘‘(A) OFFICE OF BUDGET AND PLANNING.— 

2 The name of the Office of Budget and Manage3 ment, established by Commissioner’s Order 69– 

4 96, issued March 7, 1969, is changed to the Of5 fice of Budget and Planning. 

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

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

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

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

12 The name of the Office of Treasurer, established 

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

14 1989, is changed to the Office of Finance and 

15 Treasury. 

16 ‘‘(D) OFFICE OF FINANCIAL OPERATIONS

17 AND SYSTEMS.—The Office of the Controller, es18 tablished by Mayor’s Order 89–243, dated Octo19 ber 23, 1989, and the Office of Financial Infor20 mation Services, established by Mayor’s Order 

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

22 into the Office of Financial Operations and Sys23 tems. 

24 ‘‘(3) TRANSFERS.—Effective with the appoint25 ment of the first Chief Financial Officer under sub-
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1 section (b), the functions and personnel of the fol2 lowing offices are established as subordinate offices 

3 within the Office: 

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

5 headed by the Deputy Chief Financial Officer for 

6 the Office of Budget and Planning. 

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

8 by the Deputy Chief Financial Officer for the Of9 fice of Tax and Revenue. 

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

11 headed by the Deputy Chief Financial Officer for 

12 the Office of Research and Analysis. 

13 ‘‘(D) The Office of Financial Operations 

14 and Systems, headed by the Deputy Chief Finan15 cial Officer for the Office of Financial Oper16 ations and Systems. 

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

18 headed by the District of Columbia Treasurer. 

19 ‘‘(F) The Lottery and Charitable Games 

20 Control Board, established by the Law to Legal21 ize Lotteries, Daily Numbers Games, and Bingo 

22 and Raffles for Charitable Purposes in the Dis23 trict of Columbia, effective March 10, 1981 (D.C. 

24 Law 3–172; D.C. Official Code § 3–1301 et seq.). 
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1 ‘‘(4) SUPERVISOR.—The heads of the offices list2 ed in paragraph (3) of this section shall serve at the 

3 pleasure of the Chief Financial Officer. 

4 ‘‘(5) APPOINTMENT AND REMOVAL OF OFFICE

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

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

8 and the Council. The Chief Financial Officer may re9 move the heads of the offices designated in paragraph 

10 (3), after consultation with the Mayor and the Coun11 cil. 

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

13 Financial Officer shall prepare and annually submit 

14 to the Mayor of the District of Columbia, for inclu15 sion in the annual budget of the District of Columbia 

16 government for a fiscal year, annual estimates of the 

17 expenditures and appropriations necessary for the 

18 year for the operation of the Office and all other Dis19 trict of Columbia accounting, budget, and financial 

20 management personnel (including personnel of execu21 tive branch independent agencies) that report to the 

22 Office pursuant to this Act. 

23 ‘‘(b) APPOINTMENT OF THE CHIEF FINANCIAL OFFI24 CER.— 

25 ‘‘(1) APPOINTMENT.— 
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1 ‘‘(A) IN GENERAL.—The Chief Financial 

2 Officer shall be appointed by the Mayor with the 

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

4 Upon confirmation by the Council, the name of 

5 the Chief Financial Officer shall be submitted to 

6 the Committees on Appropriations of the House 

7 of Representatives and Senate, the Committee on 

8 Government Reform of the House of Representa9 tives, and the Committee on Homeland Security 

10 and Governmental Affairs of the Senate for a 30- 

11 day period of review and comment before the ap12 pointment takes effect. 

13 ‘‘(B) SPECIAL RULE FOR CONTROL

14 YEARS.—During a control year, the Chief Finan15 cial Officer shall be appointed by the Mayor as 

16 follows: 

17 ‘‘(i) Prior to the appointment, the Au18 thority may submit recommendations for 

19 the appointment to the Mayor. 

20 ‘‘(ii) In consultation with the Author21 ity and the Council, the Mayor shall nomi22 nate an individual for appointment and no23 tify the Council of the nomination. 

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

25 period which begins on the date the Mayor 
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1 notifies the Council of the nomination 

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

3 Authority of the nomination. 

4 ‘‘(iv) The nomination shall be effective 

5 subject to approval by a majority vote of the 

6 Authority. 

7 ‘‘(2) TERM.— 

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

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

10 years, except for appointments made for the re11 mainder of unexpired terms. The appointments 

12 shall have an anniversary date of July 1. 

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

14 section, the individual serving as Chief Finan15 cial Officer as of the date of enactment of the 

16 2005 District of Columbia Omnibus Authoriza17 tion Act shall be deemed to have been appointed 

18 under this subsection, except that such individ19 ual’s initial term of office shall begin upon such 

20 date and shall end on June 30, 2007. 

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

22 Officer may continue to serve beyond his term 

23 until a successor takes office. 

24 ‘‘(D) VACANCIES.—Any vacancy in the Of25 fice of Chief Financial Officer shall be filled in 
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1 the same manner as the original appointment 

2 under paragraph (1). 

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

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

5 of basic pay payable for level I of the Executive 

6 Schedule. 

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

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

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

10 to the approval of the Council by a resolution approved by not fewer than 2 11 ⁄3 of the members of the 

12 Council. After approval of the resolution by the Coun13 cil, notice of the removal shall be submitted to the 

14 Committees on Appropriations of the House of Rep15 resentatives and Senate, the Committee on Govern16 ment Reform of the House of Representatives, and the 

17 Committee on Homeland Security and Governmental 

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

19 and comment before the removal takes effect. 

20 ‘‘(2) SPECIAL RULE FOR CONTROL YEARS.—Dur21 ing a control year, the Chief Financial Officer may 

22 be removed for cause by the Authority or by the 

23 Mayor with the approval of the Authority. 

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

25 Notwithstanding any provisions of this Act which grant au-
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1 thority to other entities of the District government, the Chief 

2 Financial Officer shall have the following duties and shall 

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

4 ‘‘(1) During a control year, preparing the finan5 cial plan and the budget for the use of the Mayor for 

6 purposes of subtitle A of title II of the District of Co7 lumbia Financial Responsibility and Management 

8 Assistance Act of 1995. 

9 ‘‘(2) Preparing the budgets of the District of Co10 lumbia for the year for the use of the Mayor for pur11 poses of part D and preparing the 5-year financial 

12 plan based upon the adopted budget for submission 

13 with the District of Columbia budget by the Mayor to 

14 Congress. 

15 ‘‘(3) During a control year, assuring that all fi16 nancial information presented by the Mayor is pre17 sented in a manner, and is otherwise consistent with, 

18 the requirements of the District of Columbia Finan19 cial Responsibility and Management Assistance Act of 

20 1995. 

21 ‘‘(4) Implementing appropriate procedures and 

22 instituting such programs, systems, and personnel 

23 policies within the Chief Financial Officer’s author24 ity, to ensure that budget, accounting, and personnel 

25 control systems and structures are synchronized for 
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1 budgeting and control purposes on a continuing basis 

2 and to ensure that appropriations are not exceeded. 

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

4 the Council, with the approval of the Authority dur5 ing a control year, and making public— 

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

7 District of Columbia (without regard to the 

8 source of such revenues), including proposed rev9 enues, which shall be binding on the Mayor and 

10 the Council for purposes of preparing and sub11 mitting the budget of the District government for 

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

13 the Mayor and the Council may prepare the 

14 budget based on estimates of revenues which are 

15 lower than those prepared by the Chief Financial 

16 Officer; and 

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

18 of the District of Columbia during the year. 

19 ‘‘(6) Supervising and assuming responsibility for 

20 financial transactions to ensure adequate control of 

21 revenues and resources. 

22 ‘‘(7) Maintaining systems of accounting and in23 ternal control designed to provide— 

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

25 of the activities of the District government; 
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1 ‘‘(B) adequate financial information needed 

2 by the District government for management pur3 poses; 

4 ‘‘(C) effective control over, and account5 ability for, all funds, property, and other assets 

6 of the District of Columbia; and 

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

8 the basis for preparing and supporting agency 

9 budget requests and controlling the execution of 

10 the budget. 

11 ‘‘(8) Submitting to the Council a financial state12 ment of the District government, containing such de13 tails and at such times as the Council may specify. 

14 ‘‘(9) Supervising and assuming responsibility for 

15 the assessment of all property subject to assessment 

16 and special assessments within the corporate limits of 

17 the District of Columbia for taxation, preparing tax 

18 maps, and providing such notice of taxes and special 

19 assessments (as may be required by law). 

20 ‘‘(10) Supervising and assuming responsibility 

21 for the levying and collection of all taxes, special as22 sessments, licensing fees, and other revenues of the 

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

24 and receiving all amounts paid to the District of Co25 lumbia from any source (including the Authority). 
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1 ‘‘(11) Maintaining custody of all public funds 

2 belonging to or under the control of the District gov3 ernment (or any department or agency of the District 

4 government), and depositing all amounts paid in 

5 such depositories and under such terms and condi6 tions as may be designated by the Council (or by the 

7 Authority during a control year). 

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

9 invested funds of the District government or in posses10 sion of the District government in a fiduciary capac11 ity, and maintaining the safekeeping of all bonds and 

12 notes of the District government and the receipt and 

13 delivery of District government bonds and notes for 

14 transfer, registration, or exchange. 

15 ‘‘(13) Apportioning the total of all appropria16 tions and funds made available during the year for 

17 obligation so as to prevent obligation or expenditure 

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

19 need for supplemental appropriations during the 

20 year, and (with respect to appropriations and funds 

21 available for an indefinite period and all authoriza22 tions to create obligations by contract in advance of 

23 appropriations) apportioning the total of such appro24 priations, funds, or authorizations in the most effec25 tive and economical manner. 
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1 ‘‘(14) Certifying all contracts and leases (wheth2 er directly or through delegation) prior to execution 

3 as to the availability of funds to meet the obligations 

4 expected to be incurred by the District government 

5 under such contracts and leases during the year. 

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

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

8 and instrumentalities of the District government. 

9 ‘‘(16) Certifying and approving prior to pay10 ment of all bills, invoices, payrolls, and other evi11 dences of claims, demands, or charges against the Dis12 trict government, and determining the regularity, le13 gality, and correctness of such bills, invoices, payrolls, 

14 claims, demands, or charges. 

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

16 of the District of Columbia, performing internal au17 dits of accounts and operations and records of the 

18 District government, including the examination of 

19 any accounts or records of financial transactions, giv20 ing due consideration to the effectiveness of account21 ing systems, internal control, and related administra22 tive practices of the departments and agencies of the 

23 District government. 
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1 ‘‘(18) Exercising responsibility for the adminis2 tration and supervision of the District of Columbia 

3 Treasurer. 

4 ‘‘(19) Supervising and administering all bor5 rowing programs for the issuance of long-term and 

6 short-term indebtedness, as well as other financing-re7 lated programs of the District government. 

8 ‘‘(20) Administering the cash management pro9 gram of the District government, including the invest10 ment of surplus funds in governmental and non-gov11 ernmental interest-bearing securities and accounts. 

12 ‘‘(21) Administering the centralized District gov13 ernment payroll and retirement systems (other than 

14 the retirement system for police officers, fire fighters, 

15 and teachers). 

16 ‘‘(22) Governing the accounting policies and sys17 tems applicable to the District government. 

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

19 and monthly financial reports of the accounting and 

20 financial operations of the District government. 

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

22 each fiscal year, preparing the complete financial 

23 statement and report on the activities of the District 

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

25 Mayor under section 448(a)(4). 
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1 ‘‘(25) Preparing fiscal impact statements on reg2 ulations, multiyear contracts, contracts over 

3 $1,000,000 and on legislation, as required by section 

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

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

6 Mayor, who has the specific responsibility for formu7 lating budget policy using Chief Financial Officer 

8 technical and human resources, the budget for submis9 sion by the Mayor to the Council and to the public 

10 and upon final adoption to Congress and to the pub11 lic. 

12 ‘‘(27) Certifying all collective bargaining agree13 ments and nonunion pay proposals prior to submis14 sion to the Council for approval as to the availability 

15 of funds to meet the obligations expected to be in16 curred by the District government under such collec17 tive bargaining agreements and nonunion pay pro18 posals during the year. 

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

20 Treasurer shall have the following duties: 

21 ‘‘(1) Assisting the Chief Financial Officer in re22 porting revenues received by the District government, 

23 including submitting annual and quarterly reports 

24 concerning the cash position of the District govern25 ment not later than 60 days after the last day of the 
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1 quarter (or year) involved. Each such report shall in2 clude the following: 

3 ‘‘(A) Comparative reports of revenue and 

4 other receipts by source, including tax, nontax, 

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

7 Each source shall be broken down into specific 

8 components. 

9 ‘‘(B) Statements of the cash flow of the Dis10 trict government for the preceding quarter or 

11 year, including receipts, disbursements, net 

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

15 statements shall reflect the actual, planned, better 

16 or worse dollar amounts and the percentage 

17 change with respect to the current quarter, year18 to-date, and fiscal year. 

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

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

22 beginning balance, cash and investment, and the 

23 ending balance, inclusive of cash and investment 

24 with respect to the actual dollar amounts for the 
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1 quarter or year, and projected dollar amounts 

2 for each of the 3 succeeding quarters. 

3 ‘‘(D) Monthly reports reflecting a detailed 

4 summary analysis of all District of Columbia 

5 government investments, including— 

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

8 ‘‘(ii) a detailed summary analysis of 

9 investments by type and amount, including 

10 purchases, sales (maturities), and interest; 

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

14 similar information; 

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

17 and projects of investment activity, as well 

18 as forecasts of future investment strategies 

19 based on anticipated market conditions, 

20 and similar information; and 

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

22 including— 

23 ‘‘(I) comparisons of budgeted per24 centages of total cash to be invested 
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1 with actual percentages of cash in2 vested and the dollar amounts; 

3 ‘‘(II) comparisons of the next re4 turn on invested cash expressed in per5 centages (yield) with comparable mar6 ket indicators and established District 

7 of Columbia government yield objec8 tives; and 

9 ‘‘(III) comparisons of estimated 

10 dollar return against actual dollar 

11 yield. 

12 ‘‘(E) Monthly reports reflecting a detailed 

13 summary analysis of long-term and short-term 

14 borrowings inclusive of debt as authorized by sec15 tion 603, in the current fiscal year and the 

16 amount of debt for each succeeding fiscal year 

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

19 ‘‘(i) the amount of debt outstanding by 

20 type of instrument; 

21 ‘‘(ii) the amount of authorized and 

22 unissued debt, including availability of 

23 short-term lines of credit, United States 

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

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

3 the debt; and 

4 ‘‘(v) the amount of debt service require5 ments and related debt service reserves. 

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

7 Financial Officer under subsection (d) as the Chief 

8 Financial Officer may delegate. 

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

10 sections 424a and 424b)— 

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

12 Columbia Financial Responsibility and Management 

13 Assistance Authority established under section 101(a) 

14 of the District of Columbia Financial Responsibility 

15 and Management Assistance Act of 1995; 

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

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

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

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

20 Act.’’. 

21 (b) CLARIFICATION OF DUTIES OF CHIEF FINANCIAL

22 OFFICER AND MAYOR.— 

23 (1) RELATION TO FINANCIAL DUTIES OF

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

25 204.48(a), D.C. Official Code) is amended by striking 
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1 ‘‘section 603,’’ and inserting ‘‘section 603 and except 

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

3 (2) RELATION TO MAYOR’S DUTIES REGARDING

4 ACCOUNTING SUPERVISION AND CONTROL.—Section 

5 449 of such Act (section 1–204.49, D.C. Official Code) 

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

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

8 the Mayor’’. 

9 SEC. 202. PERSONNEL AUTHORITY. 

10 (a) PROVIDING INDEPENDENT PERSONNEL AUTHOR11 ITY .— 

12 (1) IN GENERAL.—Part B of title IV of the Dis13 trict of Columbia Home Rule Act is amended by add14 ing at the end the following new section: 

15 ‘‘AUTHORITY OF CHIEF FINANCIAL OFFICER OVER

16 PERSONNEL OF OFFICE AND OTHER FINANCIAL PERSONNEL

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

18 provision of law or regulation (including any law or regu19 lation providing for collective bargaining or the enforce20 ment of any collective bargaining agreement), employees of 

21 the Office of the Chief Financial Officer of the District of 

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

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

24 shall act under the direction and control of the Chief Finan25 cial Officer of the District of Columbia, and shall be consid26 ered at-will employees not covered by the District of Colum-
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1 bia Merit Personnel Act of 1978, except that nothing in this 

2 section may be construed to prohibit the Chief Financial 

3 Officer from entering into a collective bargaining agreement 

4 governing such employees and personnel or to prohibit the 

5 enforcement of such an agreement as entered into by the 

6 Chief Financial Officer. 

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

8 subsection are as follows: 

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

10 Officer and all other attorneys in the Office of the 

11 General Counsel within the Office of the Chief Finan12 cial Officer of the District of Columbia, together with 

13 all other personnel of the Office. 

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

15 attorneys by the Chief Financial Officer or any office 

16 under the personnel authority of the Chief Financial 

17 Officer, each of whom shall act under the direction 

18 and control of the General Counsel to the Chief Fi19 nancial Officer. 

20 ‘‘(3) The heads and all personnel of the subordi21 nate offices of the Office (as described in section 

22 424(a)(2) and established as subordinate offices in 

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

24 Agency Fiscal Officers, and Associate Chief Financial 

25 Officers of all District of Columbia executive branch 
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1 subordinate and independent agencies (in accordance 

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

3 Columbia accounting, budget, and financial manage4 ment personnel (including personnel of executive 

5 branch independent agencies, but not including per6 sonnel of the legislative or judicial branches of the 

7 District government). 

8 ‘‘(c) APPOINTMENT OF CERTAIN EXECUTIVE BRANCH

9 AGENCY CHIEF FINANCIAL OFFICERS.— 

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

11 and Associate Chief Financial Officers of all District 

12 of Columbia executive branch subordinate and inde13 pendent agencies (other than those of a subordinate 

14 office of the Office) shall be appointed by the Chief Fi15 nancial Officer, in consultation with the agency head, 

16 where applicable. The appointment shall be made 

17 from a list of qualified candidates developed by the 

18 Chief Financial Officer. 

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

20 Chief Financial Officer appointed prior to the date of 

21 enactment of the 2005 District of Columbia Omnibus 

22 Authorization Act may continue to serve in that ca23 pacity without reappointment. 

24 ‘‘(d) INDEPENDENT AUTHORITY OVER LEGAL PER25 SONNEL.—Title VIII–B of the District of Columbia Govern-
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1 ment Comprehensive Merit Personnel Act of 1978 (sec. 1– 

2 608.51 et seq., D.C. Official Code) shall not apply to the 

3 Office of the Chief Financial Officer or to attorneys em4 ployed by the Office.’’. 

5 (2) CLERICAL AMENDMENT.—The table of con6 tents of part B of title IV of the District of Columbia 

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

8 following new item: 

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

financial personnel.’’. 

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

10 District of Columbia Government Comprehensive Merit 

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

12 § 1–608.62) is amended by striking paragraph (2). 

13 SEC. 203. PROCUREMENT AUTHORITY. 

14 (a) PROVIDING INDEPENDENT AUTHORITY TO PRO15 CURE GOODS AND SERVICES.— 

16 (1) IN GENERAL.—Part B of title IV of the Dis17 trict of Columbia Home Rule Act, as amended by sec18 tion 203(a)(1), is further amended by adding at the 

19 end the following new section: 

20 ‘‘PROCUREMENT AUTHORITY OF THE CHIEF FINANCIAL

21 OFFICER

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

23 out procurement of goods and services for the Office of the 

24 Chief Financial Officer through a procurement office or di-
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1 vision which shall operate independently of, and shall not 

2 be governed by, the Office of Contracting and Procurement 

3 established under the District of Columbia Procurement 

4 Practices Act of 1985 or any successor office, except the pro5 visions applicable under such Act to procurement carried 

6 out by the Chief Procurement Officer established by section 

7 105 of such Act or any successor office shall apply with 

8 respect to the procurement carried out by the Chief Finan9 cial Officer’s procurement office or division.’’. 

10 (2) CLERICAL AMENDMENT.—The table of con11 tents of part B of title IV of the District of Columbia 

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

13 further amended by adding at the end following new 

14 item: 

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

15 (b) CONFORMING AMENDMENT.—Section 104 of the 

16 District of Columbia Procurement Practices Act of 1985 

17 (sec. 2–301.04, D.C. Official Code) is amended— 

18 (1) in subsection (a), by striking ‘‘and District 

19 of Columbia Advisory Neighborhood Commissions’’ 

20 and inserting the following: ‘‘District of Columbia 

21 Advisory Neighborhood Commissions, and (to the ex22 tent described in section 424b of the District of Co23 lumbia Home Rule Act) the Office of the Chief Finan24 cial Officer of the District of Columbia’’; and 
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1 (2) in subsection (c), by striking the second and 

2 third sentences. 

3 (c) EFFECTIVE DATE.—This section and the amend4 ments made by this section shall take effect 6 months after 

5 the date of enactment of this Act. 

6 SEC. 204. FISCAL IMPACT STATEMENTS. 

7 The General Legislative Procedures Act of 1975 (sec. 

8 1–301.45 et seq., D.C. Official Code) is amended by adding 

9 at the end the following new section: 

10 ‘‘FISCAL IMPACT STATEMENTS

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

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

13 law, except as provided in subsection (c), all perma14 nent bills and resolutions shall be accompanied by a 

15 fiscal impact statement before final adoption by the 

16 Council. 

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

18 shall include the estimate of the costs which will be 

19 incurred by the District as a result of the enactment 

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

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

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

23 estimate. 

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

25 acts which are accompanied by fiscal impact statements 
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1 which reflect unbudgeted costs, shall be subject to appropria2 tions prior to becoming effective. 

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

4 to emergency declaration, ceremonial, confirmation, and 

5 sense of the Council resolutions.’’. 

6 TITLE III—AUTHORIZATION OF 

7 CERTAIN GENERAL APPRO8 PRIATIONS PROVISIONS 

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

10 OFFENDER SUPERVISION AGENCY. 

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

12 of the National Capital Revitalization and Self-Government 

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

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

15 paragraphs: 

16 ‘‘(3) ACCEPTANCE OF GIFTS.— 

17 ‘‘(A) AUTHORITY TO ACCEPT GIFTS.—Dur18 ing fiscal years 2006 through 2008, the Director 

19 may accept and use gifts in the form of— 

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

21 hospitality to support offender and defend22 ant programs; and 

23 ‘‘(ii) equipment and vocational train24 ing services to educate and train offenders 

25 and defendants. 
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1 ‘‘(B) RECORDS.—The Director shall keep 

2 accurate and detailed records of the acceptance 

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

4 and shall make such records available for audit 

5 and public inspection. 

6 ‘‘(4) REIMBURSEMENT FROM DISTRICT GOVERN7 MENT.—During fiscal years 2006 through 2008, the 

8 Director may accept and use reimbursement from the 

9 District government for space and services provided, 

10 on a cost reimbursable basis.’’. 

11 (b) AUTHORITY OF PUBLIC DEFENDER SERVICE TO

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

13 District of Columbia Court Reform and Criminal Proce14 dure Act of 1970 (sec. 2–1607, D.C. Official Code) is 

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

16 ‘‘(d) During fiscal years 2006 through 2008, the Serv17 ice may charge fees to cover the costs of materials distrib18 uted to attendees of educational events, including con19 ferences, sponsored by the Service. Notwithstanding section 

20 3302 of title 31, United States Code, any amounts received 

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

22 and available for use without further appropriation.’’. 
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1 SEC. 302. EVALUATION PROCESS FOR PUBLIC SCHOOL EM2 PLOYEES. 

3 Title XVII of the District of Columbia Merit Personnel 

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

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

6 ‘‘SEC. 1718. EVALUATION PROCESS FOR PUBLIC SCHOOL 

7 EMPLOYEES. 

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

9 regulation, during fiscal year 2006 and each succeeding fis10 cal year the evaluation process and instruments for evalu11 ating District of Columbia Public Schools employees shall 

12 be a non-negotiable item for collective bargaining pur13 poses.’’. 

14 SEC. 303. CLARIFICATION OF APPLICATION OF PAY PROVI15 SIONS OF MERIT PERSONNEL SYSTEM TO ALL 

16 DISTRICT EMPLOYEES. 

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

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

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

20 amended by striking ‘‘The system may provide’’ and insert21 ing the following: ‘‘The system shall apply with respect to 

22 the compensation of employees of the District government 

23 during fiscal year 2006 and each succeeding fiscal year, ex24 cept that the system may provide’’. 
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1 (b) TITLE 5, UNITED STATES CODE.—Section 5102 of 

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

3 end the following new subsection: 

4 ‘‘(e) Except as may be specifically provided, this chap5 ter does not apply for pay purposes to any employee of the 

6 government of the District of Columbia during fiscal year 

7 2006 or any succeeding fiscal year.’’. 

8 SEC. 304. CRITERIA FOR RENEWING OR EXTENDING SOLE 

9 SOURCE CONTRACTS. 

10 Section 305 of the District of Columbia Procurement 

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

12 is amended by adding at the end the following new sub13 section: 

14 ‘‘(b) During fiscal years 2006 through 2008, a procure15 ment contract awarded through noncompetitive negotia16 tions in accordance with subsection (a) may be renewed or 

17 extended only if the Chief Financial Officer of the District 

18 of Columbia reviews the contract and certifies that the con19 tract was renewed or extended in accordance with duly pro20 mulgated rules and procedures.’’. 

21 SEC. 305. ACCEPTANCE OF GRANT AMOUNTS NOT IN22 CLUDED IN ANNUAL BUDGET. 

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

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

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

2 inserting after section 446A the following new section: 

3 ‘‘ACCEPTANCE OF GRANT AMOUNTS NOT INCLUDED IN

4 ANNUAL BUDGET

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

6 AND EXPEND AMOUNTS.—Notwithstanding the fourth sen7 tence of section 446, the Mayor, in consultation with the 

8 Chief Financial Officer of the District of Columbia may ac9 cept, obligate, and expend Federal, private, and other 

10 grants received by the District government that are not re11 flected in the budget approved by Act of Congress as pro12 vided in such section. 

13 ‘‘(b) CONDITIONS.— 

14 ‘‘(1) ROLE OF CHIEF FINANCIAL OFFICER; AP15 PROVAL BY COUNCIL.—No Federal, private, or other 

16 grant may be accepted, obligated, or expended pursu17 ant to subsection (a) until— 

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

19 the Council a report setting forth detailed infor20 mation regarding such grant; and 

21 ‘‘(B) the Council has reviewed and ap22 proved the acceptance, obligation, and expendi23 ture of such grant. 

24 ‘‘(2) DEEMED APPROVAL BY COUNCIL.—For pur25 poses of paragraph (1)(B), the Council shall be 
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1 deemed to have reviewed and approved the acceptance, 

2 obligation, and expenditure of a grant if— 

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

4 filed with the Secretary of the Council within 14 

5 calendar days of the receipt of the report from 

6 the Chief Financial Officer under paragraph 

7 (1)(A); or 

8 ‘‘(B) if such a notice of disapproval is filed 

9 within such deadline, the Council does not by 

10 resolution disapprove the acceptance, obligation, 

11 or expenditure of the grant within 30 calendar 

12 days of the initial receipt of the report from the 

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

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

15 ANTICIPATION OF RECEIPT OR APPROVAL.—No amount 

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

17 funds of the District of Columbia government in anticipa18 tion of the approval or receipt of a grant under subsection 

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

20 Federal, private, or other grant not subject to such sub21 section. 

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

23 Financial Officer may adjust the budget for Federal, pri24 vate, and other grants received by the District government 

25 reflected in the amounts provided in the budget approved 
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1 by Act of Congress under section 446, or approved and re2 ceived under subsection (b)(2) to reflect a change in the ac3 tual amount of the grant. 

4 ‘‘(e) REPORTS.—The Chief Financial Officer shall pre5 pare a quarterly report setting forth detailed information 

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

7 this section. Each such report shall be submitted to the 

8 Council and to the Committees on Appropriations of the 

9 House of Representatives and Senate not later than 15 days 

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

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

12 respect to fiscal year 2006 and each succeeding fiscal year.’’. 

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

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

15 as amended by section 101(b), is amended by inserting ‘‘sec16 tion 446B,’’ after ‘‘section 446A,’’. 

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

18 such Act, as amended by section 101(c), is amended by in19 serting after the item relating to section 446A the following 

20 new item: 

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

21 SEC. 306. STANDARDS FOR ANNUAL INDEPENDENT AUDIT. 

22 Section 448 of the District of Columbia Home Rule 

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

24 (1) in subsection (a)(4), by striking the semi25 colon at the end and inserting the following: ‘‘, as au-
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1 dited by the Inspector General of the District of Co2 lumbia in accordance with subsection (c) in the case 

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

4 (2) by adding at the end the following new sub5 section: 

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

7 year prepared and submitted for purposes of subsection 

8 (a)(4) shall be audited by the Inspector General of the Dis9 trict of Columbia (in coordination with the Chief Financial 

10 Officer of the District of Columbia) pursuant to section 

11 208(a)(4) of the District of Columbia Procurement Prac12 tices Act of 1985, and shall include as a basic financial 

13 statement a comparison of audited actual year-end results 

14 with the revenues submitted in the budget document for such 

15 year and the appropriations enacted into law for such year 

16 using the format, terminology, and classifications contained 

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

18 legislative history.’’. 

19 SEC. 307. USE OF FINES IMPOSED FOR VIOLATION OF TRAF20 FIC ALCOHOL LAWS FOR ENFORCEMENT AND 

21 PROSECUTION OF LAWS. 

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

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

24 amended to read as follows: 
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1 ‘‘(3) Notwithstanding any other provision of law, all 

2 fines imposed and collected pursuant to this subsection dur3 ing fiscal year 2006 and each succeeding fiscal year shall 

4 be transferred to the General Fund of the District of Colum5 bia, shall be used by the District of Columbia exclusively 

6 for the enforcement and prosecution of the District traffic 

7 alcohol laws, and shall remain available until expended.’’. 

8 SEC. 308. CERTIFICATIONS FOR ATTORNEYS IN CASES 

9 BROUGHT UNDER INDIVIDUALS WITH DIS10 ABILITIES EDUCATION ACT. 

11 (a) RESPONSIBILITIES OF CHIEF FINANCIAL OFFI12 CER.—Section 424(d) of the District of Columbia Home 

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

14 by section 201(a), is amended by adding at the end the fol15 lowing new paragraph: 

16 ‘‘(28) With respect to attorneys in special edu17 cation cases brought under the Individuals with Dis18 abilities Education Act in the District of Columbia 

19 during fiscal year 2006 and each succeeding fiscal 

20 year— 

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

22 writing that the attorney or representative of the 

23 attorney rendered any and all services for which 

24 the attorney received an award in such a case, 

25 including those received under a settlement 
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1 agreement or as part of an administrative pro2 ceeding, from the District of Columbia; 

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

4 the certification under subparagraph (A), to dis5 close any financial, corporate, legal, membership 

6 on boards of directors, or other relationships 

7 with any special education diagnostic services, 

8 schools, or other special education service pro9 viders to which the attorneys have referred any 

10 clients in any such cases; and 

11 ‘‘(C) preparing and submitting quarterly 

12 reports to the Committees on Appropriations of 

13 the House of Representatives and Senate on the 

14 certification of and the amount paid by the gov15 ernment of the District of Columbia, including 

16 the District of Columbia Public Schools, to such 

17 attorneys.’’. 

18 (b) INVESTIGATIONS BY INSPECTOR GENERAL.—Sec19 tion 208(a)(3) of the District of Columbia Procurement 

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

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

22 subparagraph: 

23 ‘‘(J) During fiscal year 2006 and each suc24 ceeding fiscal year, conduct investigations to deter25 mine the accuracy of certifications made to the Chief 
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1 Financial Officer of the District of Columbia under 

2 section 424(d)(28) of the District of Columbia Home 

3 Rule Act of attorneys in special education cases 

4 brought under the Individuals with Disabilities Edu5 cation Act in the District of Columbia.’’. 
Calendar No. 146 

109TH CONGRESS 

1ST SESSION H. R. 3508 

[Report No. 109–267] 

A BILL 

To authorize improvements in the operation of the 

other purposes. government of the District of Columbia, and for 

NOVEMBER 3, 2005 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union,