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[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3508 Reported in Senate (RS)]

                                                       Calendar No. 534
109th CONGRESS
  2d Session
                                H.R. 3508

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           December 15, 2005

                                Received

                            January 27, 2006

   Read twice and referred to the Committee on Homeland Security and 
                          Governmental Affairs

                             July 25, 2006

               Reported by Ms. Collins, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 AN ACT

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

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

<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>

<DELETED>    (a) Short Title.--This Act may be cited as the ``2005 
District of Columbia Omnibus Authorization Act''.</DELETED>
<DELETED>    (b) Table of Contents.--The table of contents of this Act 
is as follows:</DELETED>

<DELETED>Sec. 1. Short title; table of contents.
          <DELETED>TITLE I--GOVERNANCE OF DISTRICT OF COLUMBIA

      <DELETED>Subtitle A--General District of Columbia Governance

<DELETED>Sec. 101. Budget flexibility.
<DELETED>Sec. 102. Additional authority to allocate amounts in Reserve 
                            Funds.
<DELETED>Sec. 103. Permitting General Services Administration to obtain 
                            space and services on behalf of District of 
                            Columbia Public Defender Service.
<DELETED>Sec. 104. Authority to enter into Interstate Insurance Product 
                            Regulation Compact.
            <DELETED>Subtitle B--District of Columbia Courts

<DELETED>Sec. 111. Modernization of Office of Register of Wills.
<DELETED>Sec. 112. Increase in cap on rates of pay for nonjudicial 
                            employees.
<DELETED>Sec. 113. Clarification of rate for individuals providing 
                            services to indigent defendants.
<DELETED>Sec. 114. Authority of Courts to conduct proceedings outside 
                            of District of Columbia during emergencies.
<DELETED>Sec. 115. Authority of Court Services and Offender Supervision 
                            Agency to use services of volunteers.
<DELETED>Sec. 116. Technical corrections relating to courts.
     <DELETED>Subtitle C--Other Miscellaneous Technical Corrections

<DELETED>Sec. 121. 2004 District of Columbia Omnibus Authorization Act.
<DELETED>Sec. 122. District of Columbia Appropriations Act, 2005.
<DELETED>Sec. 123. Technical and conforming amendments relating to 
                            banks operating under the Code of Law for 
                            the District of Columbia.
     <DELETED>TITLE II--INDEPENDENCE OF THE CHIEF FINANCIAL OFFICER

<DELETED>Sec. 201. Promoting independence of Chief Financial Officer.
<DELETED>Sec. 202. Personnel authority.
<DELETED>Sec. 203. Procurement authority.
<DELETED>Sec. 204. Fiscal impact statements.
  <DELETED>TITLE III--AUTHORIZATION OF CERTAIN GENERAL APPROPRIATIONS 
                               PROVISIONS

<DELETED>Sec. 301. Acceptance of gifts by Court Services and Offender 
                            Supervision Agency.
<DELETED>Sec. 302. Evaluation process for public school employees.
<DELETED>Sec. 303. Clarification of application of pay provisions of 
                            Merit Personnel System to all District 
                            employees.
<DELETED>Sec. 304. Criteria for renewing or extending sole source 
                            contracts.
<DELETED>Sec. 305. Acceptance of grant amounts not included in annual 
                            budget.
<DELETED>Sec. 306. Standards for annual independent audit.
<DELETED>Sec. 307. Use of fines imposed for violation of traffic 
                            alcohol laws for enforcement and 
                            prosecution of laws.
<DELETED>Sec. 308. Certifications for attorneys in cases brought under 
                            Individuals With Disabilities Education 
                            Act.

     <DELETED>TITLE I--GOVERNANCE OF DISTRICT OF COLUMBIA</DELETED>

 <DELETED>Subtitle A--General District of Columbia Governance</DELETED>

<DELETED>SEC. 101. BUDGET FLEXIBILITY.</DELETED>

<DELETED>    (a) Permitting Increase in Amount Appropriated as Local 
Funds During a Fiscal Year.--Subpart 1 of part D of title IV of the 
District of Columbia Home Rule Act (sec. 1-204.41 et seq., D.C. 
Official Code) is amended by inserting after section 446 the following 
new section:</DELETED>

 <DELETED>``permitting increase in amount appropriated as local funds 
                     during a fiscal year</DELETED>

<DELETED>    ``Sec. 446A.  (a) In General.--Notwithstanding the fourth 
sentence of section 446, to account for an unanticipated growth of 
revenue collections, the amount appropriated as District of Columbia 
funds under budget approved by Act of Congress as provided in such 
section may be increased--</DELETED>
        <DELETED>    ``(1) by an aggregate amount of not more than 25 
        percent, in the case of amounts allocated under the budget as 
        `Other-Type Funds'; and</DELETED>
        <DELETED>    ``(2) by an aggregate amount of not more than 6 
        percent, in the case of any other amounts allocated under the 
        budget.</DELETED>
<DELETED>    ``(b) Conditions.--The District of Columbia may obligate 
and expend any increase in the amount of funds authorized under this 
section only in accordance with the following conditions:</DELETED>
        <DELETED>    ``(1) The Chief Financial Officer of the District 
        of Columbia shall certify--</DELETED>
                <DELETED>    ``(A) the increase in revenue; 
                and</DELETED>
                <DELETED>    ``(B) that the use of the amounts is not 
                anticipated to have a negative impact on the long-term 
                financial, fiscal, or economic health of the 
                District.</DELETED>
        <DELETED>    ``(2) The amounts shall be obligated and expended 
        in accordance with laws enacted by the Council of the District 
        of Columbia in support of each such obligation and expenditure, 
        consistent with any other requirements under law.</DELETED>
        <DELETED>    ``(3) The amounts may not be used to fund any 
        agencies of the District government operating under court-
        ordered receivership.</DELETED>
        <DELETED>    ``(4) The amounts may not be obligated or expended 
        unless the Mayor has notified the Committees on Appropriations 
        of the House of Representatives and Senate, the Committee on 
        Government Reform of the House of Representatives, and the 
        Committee on Homeland Security and Governmental Affairs of the 
        Senate not fewer than 30 days in advance of the obligation or 
        expenditure.</DELETED>
<DELETED>    ``(c) Effective Date.--This section shall apply with 
respect to fiscal years 2006 through 2007.''.</DELETED>
<DELETED>    (b) Conforming Amendment.--The fourth sentence of section 
446 of such Act (sec. 1-204.46, D.C. Official Code) is amended by 
inserting ``section 446A,'' after ``section 445A(b),''.</DELETED>
<DELETED>    (c) Clerical Amendment.--The table of contents of such Act 
is amended by inserting after the item relating to section 446 the 
following new item:</DELETED>

<DELETED>``Sec. 446A. Permitting increase in amount appropriated as 
                            local funds during a fiscal year.''.

<DELETED>SEC. 102. ADDITIONAL AUTHORITY TO ALLOCATE AMOUNTS IN RESERVE 
              FUNDS.</DELETED>

<DELETED>    (a) In General.--Section 450A of the District of Columbia 
Home Rule Act (sec. 1-204.50A, D.C. Official Code) is amended--
</DELETED>
        <DELETED>    (1) by redesignating subsection (c) as subsection 
        (d); and</DELETED>
        <DELETED>    (2) by inserting after subsection (b) the 
        following new subsection:</DELETED>
<DELETED>    ``(c) Additional Authority to Allocate Amounts.--
</DELETED>
        <DELETED>    ``(1) In general.--Notwithstanding any other 
        provision of this section, in addition to the authority 
        provided under this section to allocate and use amounts from 
        the emergency reserve fund under subsection (a) and the 
        contingency reserve fund under subsection (b), the District of 
        Columbia may allocate amounts from such funds during a fiscal 
        year and use such amounts for cash flow management 
        purposes.</DELETED>
        <DELETED>    ``(2) Limits on amount allocated.--</DELETED>
                <DELETED>    ``(A) Amount of individual allocation.--
                The amount of an allocation made from the emergency 
                reserve fund or the contingency reserve fund pursuant 
                to the authority of this subsection may not exceed 50 
                percent of the balance of the fund involved at the time 
                the allocation is made.</DELETED>
                <DELETED>    ``(B) Aggregate amount allocated.--The 
                aggregate amount allocated from the emergency reserve 
                fund or the contingency reserve fund pursuant to the 
                authority of this subsection during a fiscal year may 
                not exceed 50 percent of the balance of the fund 
                involved as of the first day of such fiscal 
                year.</DELETED>
        <DELETED>    ``(3) Replenishment.--If the District of Columbia 
        allocates any amounts from a reserve fund pursuant to the 
        authority of this subsection during a fiscal year, the District 
        shall fully replenish the fund for the amounts allocated not 
        later than the earlier of--</DELETED>
                <DELETED>    ``(A) the expiration of the 9-month period 
                which begins on the date the allocation is made; 
                or</DELETED>
                <DELETED>    ``(B) the last day of the fiscal 
                year.</DELETED>
        <DELETED>    ``(4) Effective date.--This subsection shall apply 
        with respect to fiscal years 2006 through 2007.''.</DELETED>
<DELETED>    (b) Special Rule for Timing of Replenishment After 
Subsequent Allocation.--</DELETED>
        <DELETED>    (1) Emergency reserve fund.--Section 450A(a)(7) of 
        such Act (sec. 1-204.50A(a)(7), D.C. Official Code) is 
        amended--</DELETED>
                <DELETED>    (A) by striking ``(7) Replenishment.--The 
                District of Columbia'' and inserting the 
                following:</DELETED>
        <DELETED>    ``(7) Replenishment.--</DELETED>
                <DELETED>    ``(A) In general.--The District of 
                Columbia''; and</DELETED>
                <DELETED>    (B) by adding at the end the following new 
                subparagraph:</DELETED>
                <DELETED>    ``(B) Special rule for replenishment after 
                allocation for cash flow management.--</DELETED>
                        <DELETED>    ``(i) In general.--If the District 
                        allocates amounts from the emergency reserve 
                        fund during a fiscal year for cash flow 
                        management purposes pursuant to the authority 
                        of subsection (c) and at any time afterwards 
                        during the year makes a subsequent allocation 
                        from the fund for purposes of this subsection, 
                        and if as a result of the subsequent allocation 
                        the balance of the fund is reduced to an amount 
                        which is less than 50 percent of the balance of 
                        the fund as of the first day of the fiscal 
                        year, the District shall replenish the fund by 
                        such amount as may be required to restore the 
                        balance to an amount which is equal to 50 
                        percent of the balance of the fund as of the 
                        first day of the fiscal year.</DELETED>
                        <DELETED>    ``(ii) Deadline.--The District 
                        shall carry out any replenishment required 
                        under clause (i) as a result of a subsequent 
                        allocation described in such clause not later 
                        than the expiration of the 60-day period which 
                        begins on the date of the subsequent 
                        allocation.''.</DELETED>
        <DELETED>    (2) Contingency reserve fund.--Section 450A(b)(6) 
        of such Act (sec. 1-204.50A(b)(6), D.C. Official Code) is 
        amended--</DELETED>
                <DELETED>    (A) by striking ``(6) Replenishment.--The 
                District of Columbia'' and inserting the 
                following:</DELETED>
        <DELETED>    ``(6) Replenishment.--</DELETED>
                <DELETED>    ``(A) In general.--The District of 
                Columbia''; and</DELETED>
                <DELETED>    (B) by adding at the end the following new 
                subparagraph:</DELETED>
                <DELETED>    ``(B) Special rule for replenishment after 
                allocation for cash flow management.--</DELETED>
                        <DELETED>    ``(i) In general.--If the District 
                        allocates amounts from the contingency reserve 
                        fund during a fiscal year for cash flow 
                        management purposes pursuant to the authority 
                        of subsection (c) and at any time afterwards 
                        during the year makes a subsequent allocation 
                        from the fund for purposes of this subsection, 
                        and if as a result of the subsequent allocation 
                        the balance of the fund is reduced to an amount 
                        which is less than 50 percent of the balance of 
                        the fund as of the first day of the fiscal 
                        year, the District shall replenish the fund by 
                        such amount as may be required to restore the 
                        balance to an amount which is equal to 50 
                        percent of the balance of the fund as of the 
                        first day of the fiscal year.</DELETED>
                        <DELETED>    ``(ii) Deadline.--The District 
                        shall carry out any replenishment required 
                        under clause (i) as a result of a subsequent 
                        allocation described in such clause not later 
                        than the expiration of the 60-day period which 
                        begins on the date of the subsequent 
                        allocation.''.</DELETED>

<DELETED>SEC. 103. PERMITTING GENERAL SERVICES ADMINISTRATION TO OBTAIN 
              SPACE AND SERVICES ON BEHALF OF DISTRICT OF COLUMBIA 
              PUBLIC DEFENDER SERVICE.</DELETED>

<DELETED>    (a) Authority to Obtain Space and Services.--At the 
request of the Director of the District of Columbia Public Defender 
Service, the Administrator of General Services may furnish space and 
services on behalf of the Service (either directly by providing space 
and services in buildings owned or occupied by the Federal Government 
or indirectly by entering into leases with non-Federal entities) in the 
same manner, and under the same terms and conditions, as the 
Administrator may furnish space and services on behalf of an agency of 
the Federal Government.</DELETED>
<DELETED>    (b) Effective Date.--This section shall apply with respect 
to fiscal year 2006 and each succeeding fiscal year.</DELETED>

<DELETED>SEC. 104. AUTHORITY TO ENTER INTO INTERSTATE INSURANCE PRODUCT 
              REGULATION COMPACT.</DELETED>

<DELETED>    (a) In General.--The District of Columbia is authorized to 
enter into an interstate compact to establish a joint state commission 
as an instrumentality of the District of Columbia for the purpose of 
establishing uniform insurance product regulations among the 
participating states.</DELETED>
<DELETED>    (b) Delegation.--Any insurance product regulation compact 
that the Council of the District of Columbia authorizes the Mayor to 
execute on behalf of the District may contain provisions that delegate 
the requisite power and authority to the joint state commission to 
achieve the purposes for which the interstate compact is 
established.</DELETED>

       <DELETED>Subtitle B--District of Columbia Courts</DELETED>

<DELETED>SEC. 111. MODERNIZATION OF OFFICE OF REGISTER OF 
              WILLS.</DELETED>

<DELETED>    (a) Revision of Duties.--Section 11-2104(b), District of 
Columbia Official Code, is amended to read as follows:</DELETED>
<DELETED>    ``(b) In matters over which the Superior Court has probate 
jurisdiction or powers, the Register of Wills shall--</DELETED>
        <DELETED>    ``(1) make full and fair entries, in separate 
        records, of the proceedings of the court;</DELETED>
        <DELETED>    ``(2) record in electronic or other format all 
        wills proved before the Register of Wills or the court and 
        other matters required by law to be recorded in the 
        court;</DELETED>
        <DELETED>    ``(3) lodge in places of safety designated by the 
        court original papers filed with the Register of 
        Wills;</DELETED>
        <DELETED>    ``(4) make out and issue every summons, process, 
        and order of the court;</DELETED>
        <DELETED>    ``(5) prepare and submit to the Executive Officer 
        of the District of Columbia courts such reports as may be 
        required; and</DELETED>
        <DELETED>    ``(6) in every respect, act under the control and 
        direction of the court.''.</DELETED>
<DELETED>    (b) Repeal of Penalties.--</DELETED>
        <DELETED>    (1) In general.--Section 11-2104, District of 
        Columbia Code, is amended--</DELETED>
                <DELETED>    (A) in the heading, by striking ``; 
                penalties''; and</DELETED>
                <DELETED>    (B) by striking subsections (d) and 
                (e).</DELETED>
        <DELETED>    (2) Clerical amendment.--The item relating to 
        section 11-2104 in the table of sections for chapter 21 of 
        title 11, District of Columbia Official Code, is amended by 
        striking ``; penalties''.</DELETED>
<DELETED>    (c) Record of Claims Against Nonresident Decedents.--
Section 20-343(d), District of Columbia Official Code, is amended by 
striking the second sentence and inserting the following: ``The 
Register shall record all such claims and releases.''.</DELETED>

<DELETED>SEC. 112. INCREASE IN CAP ON RATES OF PAY FOR NONJUDICIAL 
              EMPLOYEES.</DELETED>

<DELETED>    (a) In General.--The second sentence of section 11-
1726(a), District of Columbia Official Code, is amended by striking 
``pay fixed by administrative action in section 5373'' and inserting 
``maximum pay in section 5382(a)''.</DELETED>
<DELETED>    (b) Effective Date.--The amendment made by subsection (a) 
shall apply with respect to pay periods beginning on or after the date 
of the enactment of this Act.</DELETED>

<DELETED>SEC. 113. CLARIFICATION OF RATE FOR INDIVIDUALS PROVIDING 
              SERVICES TO INDIGENT DEFENDANTS.</DELETED>

<DELETED>    (a) In General.--Section 11-2605, District of Columbia 
Official Code, is amended--</DELETED>
        <DELETED>    (1) by striking subsection (b);</DELETED>
        <DELETED>    (2) in subsection (c), by inserting after ``United 
        States Code,'' the following: ``(or, in the case of 
        investigative services, a fixed rate of $25 per 
        hour)'';</DELETED>
        <DELETED>    (3) in subsection (d), by inserting after ``United 
        States Code,'' the following: ``(or, in the case of 
        investigative services, a fixed rate of $25 per hour)''; 
        and</DELETED>
        <DELETED>    (4) by redesignating subsections (c) and (d) as 
        subsections (b) and (c).</DELETED>
<DELETED>    (b) Effective Date.--The amendment made by subsection (a) 
shall apply with respect to services provided on or after the date of 
the enactment of this Act.</DELETED>

<DELETED>SEC. 114. AUTHORITY OF COURTS TO CONDUCT PROCEEDINGS OUTSIDE 
              OF DISTRICT OF COLUMBIA DURING EMERGENCIES.</DELETED>

<DELETED>    (a) District of Columbia Court of Appeals.--</DELETED>
        <DELETED>    (1) In general.--Subchapter I of chapter 7 of 
        title 11, District of Columbia Official Code, is amended by 
        adding at the end the following new section:</DELETED>
<DELETED>``Sec. 11-710. Emergency authority to conduct proceedings 
              outside District of Columbia.</DELETED>
<DELETED>    ``(a) In General.--The court may hold special sessions at 
any place within the United States outside the District of Columbia as 
the nature of the business may require and upon such notice as the 
court orders, upon a finding by either the chief judge of the court 
(or, if the chief judge is absent or disabled, the judge designated 
under section 11-706(a)) or the Joint Committee on Judicial 
Administration in the District of Columbia that, because of emergency 
conditions, no location within the District of Columbia is reasonably 
available where such special sessions could be held. The court may 
transact any business at a special session authorized pursuant to this 
section which it has the authority to transact at a regular 
session.</DELETED>
<DELETED>    ``(b) Notice Requirements.--If the Court of Appeals issues 
an order exercising its authority under subsection (a), the court--
</DELETED>
        <DELETED>    ``(1) through the Joint Committee on Judicial 
        Administration in the District of Columbia, shall send notice 
        of such order, including the reasons for the issuance of such 
        order, to the Committee on Homeland Security and Governmental 
        Affairs of the Senate and the Committee on Government Reform of 
        the House of Representatives; and</DELETED>
        <DELETED>    ``(2) shall provide reasonable notice to the 
        United States Marshals Service before the commencement of any 
        special session held pursuant to such order.''.</DELETED>
        <DELETED>    (2) Clerical amendment.--The table of contents of 
        chapter 7 of title 11, District of Columbia Official Code, is 
        amended by adding at the end of the items relating to 
        subchapter I the following:</DELETED>

<DELETED>``11-710. Emergency authority to conduct proceedings outside 
                            District of Columbia.''.
<DELETED>    (b) Superior Court of the District of Columbia.--
</DELETED>
        <DELETED>    (1) In general.--Subchapter I of chapter 9 of 
        title 11, District of Columbia Official Code, is amended by 
        adding at the end the following new section:</DELETED>
<DELETED>``Sec. 11-911. Emergency authority to conduct proceedings 
              outside District of Columbia.</DELETED>
<DELETED>    ``(a) In General.--The Superior Court may hold special 
sessions at any place within the United States outside the District of 
Columbia as the nature of the business may require and upon such notice 
as the Superior Court orders, upon a finding by either the chief judge 
of the Superior Court (or, if the chief judge is absent or disabled, 
the judge designated under section 11-907(a)) or the Joint Committee on 
Judicial Administration in the District of Columbia that, because of 
emergency conditions, no location within the District of Columbia is 
reasonably available where such special sessions could be 
held.</DELETED>
<DELETED>    ``(b) Business Transacted.-- The Superior Court may 
transact any business at a special session outside the District of 
Columbia authorized pursuant to this section which it has the authority 
to transact at a regular session, except that a criminal trial may not 
be conducted at such a special session without the consent of the 
defendant.</DELETED>
<DELETED>    ``(c) Summoning of Jurors.--Notwithstanding any other 
provision of law, in any case in which special sessions are conducted 
pursuant to this section, the Superior Court may summon jurors--
</DELETED>
        <DELETED>    ``(1) in civil proceedings, from any part of the 
        District of Columbia or, if jurors are not readily available 
        from the District of Columbia, the jurisdiction in which it is 
        holding the special session; and</DELETED>
        <DELETED>    ``(2) in criminal trials, from any part of the 
        District of Columbia or, if jurors are not readily available 
        from the District of Columbia and if the defendant so consents, 
        the jurisdiction in which it is holding the special 
        session.</DELETED>
<DELETED>    ``(d) Notice Requirements.--If the Superior Court issues 
an order exercising its authority under subsection (a), the Court--
</DELETED>
        <DELETED>    ``(1) through the Joint Committee on Judicial 
        Administration in the District of Columbia, shall send notice 
        of such order, including the reasons for the issuance of such 
        order, to the Committee on Homeland Security and Governmental 
        Affairs of the Senate and the Committee on Government Reform of 
        the House of Representatives; and</DELETED>
        <DELETED>    ``(2) shall provide reasonable notice to the 
        United States Marshals Service before the commencement of any 
        special session held pursuant to such order.''.</DELETED>
        <DELETED>    (2) Clerical amendment.--The table of contents of 
        chapter 9 of title 11, District of Columbia Official Code, is 
        amended by adding at the end of the items relating to 
        subchapter I the following:</DELETED>

<DELETED>``11-911. Emergency authority to conduct proceedings outside 
                            District of Columbia.''.

<DELETED>SEC. 115. AUTHORITY OF COURT SERVICES AND OFFENDER SUPERVISION 
              AGENCY TO USE SERVICES OF VOLUNTEERS.</DELETED>

<DELETED>    Section 11233 of the National Capital Revitalization and 
Self-Government Improvement Act of 1997 (sec. 24-133, D.C. Official 
Code) is amended by adding at the end the following new 
subsection:</DELETED>
<DELETED>    ``(g) Authority to Use Services of Volunteers.--</DELETED>
        <DELETED>    ``(1) In general.--The Agency (including any 
        independent entity within the Agency) may accept the services 
        of volunteers and provide for their incidental expenses to 
        carry out any activity of the Agency except policy-
        making.</DELETED>
        <DELETED>    ``(2) Applicability of worker's compensation rules 
        to volunteers.--Any volunteer whose services are accepted 
        pursuant to this subsection shall be considered an employee of 
        the United States Government in providing the services for 
        purposes of chapter 81 of title 5, United States Code (relating 
        to compensation for work injuries).''.</DELETED>

<DELETED>SEC. 116. TECHNICAL CORRECTIONS RELATING TO COURTS.</DELETED>

<DELETED>    (a) In General.--Section 329 of the District of Columbia 
Appropriations Act, 2005 (Public Law 108-335; 118 Stat. 1345), is 
amended to read as follows:</DELETED>
<DELETED>    ``Sec. 329. (a) Approval of Bonds by Joint Committee on 
Judicial Administration.--Section 11-1701(b), District of Columbia 
Official Code, is amended by striking paragraph (5).</DELETED>
<DELETED>    ``(b) Executive Officer.--</DELETED>
        <DELETED>    ``(1) In general.--Section 11-1704, District of 
        Columbia Official Code, is amended to read as 
        follows:</DELETED>
<DELETED>`Sec. 11-1704. Oath of Executive Officer.</DELETED>
<DELETED>    `The Executive Officer shall take an oath or affirmation 
for the faithful and impartial discharge of the duties of that 
office.'.</DELETED>
        <DELETED>    ``(2) Clerical amendment.--The table of sections 
        for chapter 17 of title 11, District of Columbia Official Code, 
        is amended by amending the item relating to section 11-1704 to 
        read as follows:</DELETED>

<DELETED>`11-1704. Oath of Executive Officer.'.
<DELETED>    ``(c) Fiscal Officer.--Section 11-1723, District of 
Columbia Official Code, is amended--</DELETED>
        <DELETED>    ``(1) by striking `(a)(1)' and inserting 
        `(a)';</DELETED>
        <DELETED>    ``(2) by striking subsection (b); and</DELETED>
        <DELETED>    ``(3) by redesignating paragraphs (2) and (3) of 
        subsection (a) as subsections (b) and (c).</DELETED>
<DELETED>    ``(d) Auditor-Master.--Section 11-1724, District of 
Columbia Official Code, is amended by striking the second and third 
sentences.</DELETED>
<DELETED>    ``(e) Register of Wills.--</DELETED>
        <DELETED>    ``(1) In general.--Section 11-2102, District of 
        Columbia Official Code, is amended--</DELETED>
                <DELETED>    ``(A) in the heading, by striking 
                `bond;';</DELETED>
                <DELETED>    ``(B) in subsection (a)(2), by striking 
                `give bond,' and all that follows through `seasonably 
                to record' and inserting `seasonably record'; 
                and</DELETED>
                <DELETED>    ``(C) by striking the third sentence of 
                subsection (a).</DELETED>
        <DELETED>    ``(2) Clerical amendment.--The item relating to 
        section 11-2102 in the table of sections for chapter 21 of 
        title 11, District of Columbia Official Code, is amended by 
        striking `bond;'.''.</DELETED>
<DELETED>    (b) Clerical Amendment.--The table of sections for chapter 
17 of title 11, District of Columbia Official Code, is amended by 
amending the item relating to section 11-1728 to read as 
follows:</DELETED>

<DELETED>``11-1728. Recruitment and training of personnel; travel.''.
<DELETED>    (c) Effective Date.--The amendments made by this section 
shall take effect as if included in the enactment of the District of 
Columbia Appropriations Act, 2005.</DELETED>

          <DELETED>Subtitle C--Other Miscellaneous Technical 
                         Corrections</DELETED>

<DELETED>SEC. 121. 2004 DISTRICT OF COLUMBIA OMNIBUS AUTHORIZATION 
              ACT.</DELETED>

<DELETED>    (a) In General.--The first sentence of section 446(a) of 
the District of Columbia Home Rule Act (sec. 1-204.46(a), D.C. Official 
Code) is amended by striking ``The Council,'' and all that follows 
through ``from the Mayor,'' and inserting ``The Council, within 56 
calendar days after receipt of the budget proposal from the 
Mayor,''.</DELETED>
<DELETED>    (b) Effective Date.--The amendment made by subsection (a) 
shall take effect as if included in the enactment of the 2004 District 
of Columbia Omnibus Authorization Act.</DELETED>

<DELETED>SEC. 122. DISTRICT OF COLUMBIA APPROPRIATIONS ACT, 
              2005.</DELETED>

<DELETED>    (a) In General.--Section 450A of the District of Columbia 
Home Rule Act (sec. 1-204.50A, D.C. Official Code), as amended by 
section 332 of the District of Columbia Appropriations Act, 2005 
(Public Law 108-335; 118 Stat. 1346), is amended--</DELETED>
        <DELETED>    (1) in the heading of subsection (a)(2), by 
        striking ``In general'' and inserting ``Operating expenditures 
        defined''; and</DELETED>
        <DELETED>    (2) in the heading of subsection (b)(2), by 
        striking ``In general'' and inserting ``Operating expenditures 
        defined''.</DELETED>
<DELETED>    (b) Effective Date.--The amendments made by subsection (a) 
shall take effect as if included in the enactment of the District of 
Columbia Appropriations Act, 2005.</DELETED>

<DELETED>SEC. 123. TECHNICAL AND CONFORMING AMENDMENTS RELATING TO 
              BANKS OPERATING UNDER THE CODE OF LAW FOR THE DISTRICT OF 
              COLUMBIA.</DELETED>

<DELETED>    (a) Federal Reserve Act.--</DELETED>
        <DELETED>    (1) The second undesignated paragraph of the first 
        section of the Federal Reserve Act (12 U.S.C. 221) is amended 
        by adding at the end the following: ``For purposes of this Act, 
        a State bank includes any bank which is operating under the 
        Code of Law for the District of Columbia.''.</DELETED>
        <DELETED>    (2) The first sentence of the first undesignated 
        paragraph of section 9 of the Federal Reserve Act (12 U.S.C. 
        321) is amended by striking ``incorporated by special law of 
        any State, or'' and inserting ``incorporated by special law of 
        any State, operating under the Code of Law for the District of 
        Columbia, or''.</DELETED>
<DELETED>    (b) Bank Conservation Act.--Section 202 of the Bank 
Conservation Act (12 U.S.C. 202) is amended--</DELETED>
        <DELETED>    (1) by striking ``means (1) any national'' and 
        inserting ``means any national''; and</DELETED>
        <DELETED>    (2) by striking ``, and (2) any bank or trust 
        company located in the District of Columbia and operating under 
        the supervision of the Comptroller of the Currency''.</DELETED>
<DELETED>    (c) Depository Institution Deregulation and Monetary 
Control Act of 1980.--Part C of title VII of the Depository Institution 
Deregulation and Monetary Control Act of 1980 is amended--</DELETED>
        <DELETED>    (1) in paragraph (1) of section 731 (12 U.S.C. 
        216(1)) by striking ``and closed banks in the District of 
        Columbia''; and</DELETED>
        <DELETED>    (2) in paragraph (2) of section 732 (12 U.S.C. 
        216a(2)) by striking ``or closed banks in the District of 
        Columbia''.</DELETED>
<DELETED>    (d) Federal Deposit Insurance Act.--Section 3(a)(2)(B) of 
the Federal Deposit Insurance Act (12 U.S.C. 1813(a)(2)(B)) is amended 
by striking ``(except a national bank)''.</DELETED>
<DELETED>    (e) National Bank Consolidation and Merger Act.--Section 
7(1) of the National Bank Consolidation and Merger Act (12 U.S.C. 
215b(1)) is amended by striking ``(except a national banking 
association located in the District of Columbia)''.</DELETED>
<DELETED>    (f) An Act of August 17, 1950.--Section 1(a) of the Act 
entitled ``An Act to provide for the conversion of national banking 
associations into and their merger or consolidation with State banks, 
and for other purposes'' and approved August 17, 1950 (12 U.S.C. 
214(a)) is amended by striking ``(except a national banking 
association)''.</DELETED>
<DELETED>    (g) Federal Trade Commission Act.--Section 18(f)(2) of the 
Federal Trade Commission Act (15 U.S.C. 57a(f)(2)) is amended--
</DELETED>
        <DELETED>    (1) in subparagraph (A), by striking ``, banks 
        operating under the code of law for the District of 
        Columbia,''; and</DELETED>
        <DELETED>    (2) in subparagraph (B), by striking ``and banks 
        operating under the code of law for the District of 
        Columbia''.</DELETED>

        <DELETED>TITLE II--INDEPENDENCE OF THE CHIEF FINANCIAL 
                           OFFICER</DELETED>

<DELETED>SEC. 201. PROMOTING INDEPENDENCE OF CHIEF FINANCIAL 
              OFFICER.</DELETED>

<DELETED>    (a) In General.--Section 424 of the District of Columbia 
Home Rule Act (sec. 1-204.24a et seq., D.C. Official Code) is amended 
to read as follows:</DELETED>

         <DELETED>``chief financial officer of the district of 
                           columbia</DELETED>

<DELETED>    ``Sec. 424.  (a) In General.--</DELETED>
        <DELETED>    ``(1) Establishment.--There is hereby established 
        within the executive branch of the government of the District 
        of Columbia an Office of the Chief Financial Officer of the 
        District of Columbia (hereafter referred to as the `Office'), 
        which shall be headed by the Chief Financial Officer of the 
        District of Columbia (hereafter referred to as the `Chief 
        Financial Officer').</DELETED>
        <DELETED>    ``(2) Organizational analysis.--</DELETED>
                <DELETED>    ``(A) Office of budget and planning.--The 
                name of the Office of Budget and Management, 
                established by Commissioner's Order 69-96, issued March 
                7, 1969, is changed to the Office of Budget and 
                Planning.</DELETED>
                <DELETED>    ``(B) Office of tax and revenue.--The name 
                of the Department of Finance and Revenue, established 
                by Commissioner's Order 69-96, issued March 7, 1969, is 
                changed to the Office of Tax and Revenue.</DELETED>
                <DELETED>    ``(C) Office of finance and treasury.--The 
                name of the Office of Treasurer, established by Mayor's 
                Order 89-244, dated October 23, 1989, is changed to the 
                Office of Finance and Treasury.</DELETED>
                <DELETED>    ``(D) Office of financial operations and 
                systems.--The Office of the Controller, established by 
                Mayor's Order 89-243, dated October 23, 1989, and the 
                Office of Financial Information Services, established 
                by Mayor's Order 89-244, dated October 23, 1989, are 
                consolidated into the Office of Financial Operations 
                and Systems.</DELETED>
        <DELETED>    ``(3) Transfers.--Effective with the appointment 
        of the first Chief Financial Officer under subsection (b), the 
        functions and personnel of the following offices are 
        established as subordinate offices within the Office:</DELETED>
                <DELETED>    ``(A) The Office of Budget and Planning, 
                headed by the Deputy Chief Financial Officer for the 
                Office of Budget and Planning.</DELETED>
                <DELETED>    ``(B) The Office of Tax and Revenue, 
                headed by the Deputy Chief Financial Officer for the 
                Office of Tax and Revenue.</DELETED>
                <DELETED>    ``(C) The Office of Research and Analysis, 
                headed by the Deputy Chief Financial Officer for the 
                Office of Research and Analysis.</DELETED>
                <DELETED>    ``(D) The Office of Financial Operations 
                and Systems, headed by the Deputy Chief Financial 
                Officer for the Office of Financial Operations and 
                Systems.</DELETED>
                <DELETED>    ``(E) The Office of Finance and Treasury, 
                headed by the District of Columbia Treasurer.</DELETED>
                <DELETED>    ``(F) The Lottery and Charitable Games 
                Control Board, established by the Law to Legalize 
                Lotteries, Daily Numbers Games, and Bingo and Raffles 
                for Charitable Purposes in the District of Columbia, 
                effective March 10, 1981 (D.C. Law 3-172; D.C. Official 
                Code Sec.  3-1301 et seq.).</DELETED>
        <DELETED>    ``(4) Supervisor.--The heads of the offices listed 
        in paragraph (3) of this section shall serve at the pleasure of 
        the Chief Financial Officer.</DELETED>
        <DELETED>    ``(5) Appointment and removal of office 
        employees.--The Chief Financial Officer shall appoint the heads 
        of the subordinate offices designated in paragraph (3), after 
        consultation with the Mayor and the Council. The Chief 
        Financial Officer may remove the heads of the offices 
        designated in paragraph (3), after consultation with the Mayor 
        and the Council.</DELETED>
        <DELETED>    ``(6) Annual budget submission.--The Chief 
        Financial Officer shall prepare and annually submit to the 
        Mayor of the District of Columbia, for inclusion in the annual 
        budget of the District of Columbia government for a fiscal 
        year, annual estimates of the expenditures and appropriations 
        necessary for the year for the operation of the Office and all 
        other District of Columbia accounting, budget, and financial 
        management personnel (including personnel of executive branch 
        independent agencies) that report to the Office pursuant to 
        this Act.</DELETED>
<DELETED>    ``(b) Appointment of the Chief Financial Officer.--
</DELETED>
        <DELETED>    ``(1) Appointment.--</DELETED>
                <DELETED>    ``(A) In general.--The Chief Financial 
                Officer shall be appointed by the Mayor with the advice 
                and consent, by resolution, of the Council. Upon 
                confirmation by the Council, the name of the Chief 
                Financial Officer shall be submitted to the Committees 
                on Appropriations of the House of Representatives and 
                Senate, the Committee on Government Reform of the House 
                of Representatives, and the Committee on Homeland 
                Security and Governmental Affairs of the Senate for a 
                30-day period of review and comment before the 
                appointment takes effect.</DELETED>
                <DELETED>    ``(B) Special rule for control years.--
                During a control year, the Chief Financial Officer 
                shall be appointed by the Mayor as follows:</DELETED>
                        <DELETED>    ``(i) Prior to the appointment, 
                        the Authority may submit recommendations for 
                        the appointment to the Mayor.</DELETED>
                        <DELETED>    ``(ii) In consultation with the 
                        Authority and the Council, the Mayor shall 
                        nominate an individual for appointment and 
                        notify the Council of the nomination.</DELETED>
                        <DELETED>    ``(iii) After the expiration of 
                        the 7-day period which begins on the date the 
                        Mayor notifies the Council of the nomination 
                        under clause (ii), the Mayor shall notify the 
                        Authority of the nomination.</DELETED>
                        <DELETED>    ``(iv) The nomination shall be 
                        effective subject to approval by a majority 
                        vote of the Authority.</DELETED>
        <DELETED>    ``(2) Term.--</DELETED>
                <DELETED>    ``(A) In general.--All appointments made 
                after June 30, 2007, shall be for a term of 5 years, 
                except for appointments made for the remainder of 
                unexpired terms. The appointments shall have an 
                anniversary date of July 1.</DELETED>
                <DELETED>    ``(B) Transition.--For purposes of this 
                section, the individual serving as Chief Financial 
                Officer as of the date of enactment of the 2005 
                District of Columbia Omnibus Authorization Act shall be 
                deemed to have been appointed under this subsection, 
                except that such individual's initial term of office 
                shall begin upon such date and shall end on June 30, 
                2007.</DELETED>
                <DELETED>    ``(C) Continuance.--Any Chief Financial 
                Officer may continue to serve beyond his term until a 
                successor takes office.</DELETED>
                <DELETED>    ``(D) Vacancies.--Any vacancy in the 
                Office of Chief Financial Officer shall be filled in 
                the same manner as the original appointment under 
                paragraph (1).</DELETED>
                <DELETED>    ``(E) Pay.--The Chief Financial Officer 
                shall be paid at an annual rate equal to the rate of 
                basic pay payable for level I of the Executive 
                Schedule.</DELETED>
<DELETED>    ``(c) Removal of the Chief Financial Officer.--</DELETED>
        <DELETED>    ``(1) In general.--The Chief Financial Officer may 
        only be removed for cause by the Mayor, subject to the approval 
        of the Council by a resolution approved by not fewer than 2/3 
        of the members of the Council. After approval of the resolution 
        by the Council, notice of the removal shall be submitted to the 
        Committees on Appropriations of the House of Representatives 
        and Senate, the Committee on Government Reform of the House of 
        Representatives, and the Committee on Homeland Security and 
        Governmental Affairs of the Senate for a 30-day period of 
        review and comment before the removal takes effect.</DELETED>
        <DELETED>    ``(2) Special rule for control years.--During a 
        control year, the Chief Financial Officer may be removed for 
        cause by the Authority or by the Mayor with the approval of the 
        Authority.</DELETED>
<DELETED>    ``(d) Duties of the Chief Financial Officer.--
Notwithstanding any provisions of this Act which grant authority to 
other entities of the District government, the Chief Financial Officer 
shall have the following duties and shall take such steps as are 
necessary to perform these duties:</DELETED>
        <DELETED>    ``(1) During a control year, preparing the 
        financial plan and the budget for the use of the Mayor for 
        purposes of subtitle A of title II of the District of Columbia 
        Financial Responsibility and Management Assistance Act of 
        1995.</DELETED>
        <DELETED>    ``(2) Preparing the budgets of the District of 
        Columbia for the year for the use of the Mayor for purposes of 
        part D and preparing the 5-year financial plan based upon the 
        adopted budget for submission with the District of Columbia 
        budget by the Mayor to Congress.</DELETED>
        <DELETED>    ``(3) During a control year, assuring that all 
        financial information presented by the Mayor is presented in a 
        manner, and is otherwise consistent with, the requirements of 
        the District of Columbia Financial Responsibility and 
        Management Assistance Act of 1995.</DELETED>
        <DELETED>    ``(4) Implementing appropriate procedures and 
        instituting such programs, systems, and personnel policies 
        within the Chief Financial Officer's authority, to ensure that 
        budget, accounting, and personnel control systems and 
        structures are synchronized for budgeting and control purposes 
        on a continuing basis and to ensure that appropriations are not 
        exceeded.</DELETED>
        <DELETED>    ``(5) Preparing and submitting to the Mayor and 
        the Council, with the approval of the Authority during a 
        control year, and making public--</DELETED>
                <DELETED>    ``(A) annual estimates of all revenues of 
                the District of Columbia (without regard to the source 
                of such revenues), including proposed revenues, which 
                shall be binding on the Mayor and the Council for 
                purposes of preparing and submitting the budget of the 
                District government for the year under part D of this 
                title, except that the Mayor and the Council may 
                prepare the budget based on estimates of revenues which 
                are lower than those prepared by the Chief Financial 
                Officer; and</DELETED>
                <DELETED>    ``(B) quarterly re-estimates of the 
                revenues of the District of Columbia during the 
                year.</DELETED>
        <DELETED>    ``(6) Supervising and assuming responsibility for 
        financial transactions to ensure adequate control of revenues 
        and resources.</DELETED>
        <DELETED>    ``(7) Maintaining systems of accounting and 
        internal control designed to provide--</DELETED>
                <DELETED>    ``(A) full disclosure of the financial 
                impact of the activities of the District 
                government;</DELETED>
                <DELETED>    ``(B) adequate financial information 
                needed by the District government for management 
                purposes;</DELETED>
                <DELETED>    ``(C) effective control over, and 
                accountability for, all funds, property, and other 
                assets of the District of Columbia; and</DELETED>
                <DELETED>    ``(D) reliable accounting results to serve 
                as the basis for preparing and supporting agency budget 
                requests and controlling the execution of the 
                budget.</DELETED>
        <DELETED>    ``(8) Submitting to the Council a financial 
        statement of the District government, containing such details 
        and at such times as the Council may specify.</DELETED>
        <DELETED>    ``(9) Supervising and assuming responsibility for 
        the assessment of all property subject to assessment and 
        special assessments within the corporate limits of the District 
        of Columbia for taxation, preparing tax maps, and providing 
        such notice of taxes and special assessments (as may be 
        required by law).</DELETED>
        <DELETED>    ``(10) Supervising and assuming responsibility for 
        the levying and collection of all taxes, special assessments, 
        licensing fees, and other revenues of the District of Columbia 
        (as may be required by law), and receiving all amounts paid to 
        the District of Columbia from any source (including the 
        Authority).</DELETED>
        <DELETED>    ``(11) Maintaining custody of all public funds 
        belonging to or under the control of the District government 
        (or any department or agency of the District government), and 
        depositing all amounts paid in such depositories and under such 
        terms and conditions as may be designated by the Council (or by 
        the Authority during a control year).</DELETED>
        <DELETED>    ``(12) Maintaining custody of all investment and 
        invested funds of the District government or in possession of 
        the District government in a fiduciary capacity, and 
        maintaining the safekeeping of all bonds and notes of the 
        District government and the receipt and delivery of District 
        government bonds and notes for transfer, registration, or 
        exchange.</DELETED>
        <DELETED>    ``(13) Apportioning the total of all 
        appropriations and funds made available during the year for 
        obligation so as to prevent obligation or expenditure in a 
        manner which would result in a deficiency or a need for 
        supplemental appropriations during the year, and (with respect 
        to appropriations and funds available for an indefinite period 
        and all authorizations to create obligations by contract in 
        advance of appropriations) apportioning the total of such 
        appropriations, funds, or authorizations in the most effective 
        and economical manner.</DELETED>
        <DELETED>    ``(14) Certifying all contracts and leases 
        (whether directly or through delegation) prior to execution as 
        to the availability of funds to meet the obligations expected 
        to be incurred by the District government under such contracts 
        and leases during the year.</DELETED>
        <DELETED>    ``(15) Prescribing the forms of receipts, 
        vouchers, bills, and claims to be used by all agencies, 
        offices, and instrumentalities of the District 
        government.</DELETED>
        <DELETED>    ``(16) Certifying and approving prior to payment 
        of all bills, invoices, payrolls, and other evidences of 
        claims, demands, or charges against the District government, 
        and determining the regularity, legality, and correctness of 
        such bills, invoices, payrolls, claims, demands, or 
        charges.</DELETED>
        <DELETED>    ``(17) In coordination with the Inspector General 
        of the District of Columbia, performing internal audits of 
        accounts and operations and records of the District government, 
        including the examination of any accounts or records of 
        financial transactions, giving due consideration to the 
        effectiveness of accounting systems, internal control, and 
        related administrative practices of the departments and 
        agencies of the District government.</DELETED>
        <DELETED>    ``(18) Exercising responsibility for the 
        administration and supervision of the District of Columbia 
        Treasurer.</DELETED>
        <DELETED>    ``(19) Supervising and administering all borrowing 
        programs for the issuance of long-term and short-term 
        indebtedness, as well as other financing-related programs of 
        the District government.</DELETED>
        <DELETED>    ``(20) Administering the cash management program 
        of the District government, including the investment of surplus 
        funds in governmental and non-governmental interest-bearing 
        securities and accounts.</DELETED>
        <DELETED>    ``(21) Administering the centralized District 
        government payroll and retirement systems (other than the 
        retirement system for police officers, fire fighters, and 
        teachers).</DELETED>
        <DELETED>    ``(22) Governing the accounting policies and 
        systems applicable to the District government.</DELETED>
        <DELETED>    ``(23) Preparing appropriate annual, quarterly, 
        and monthly financial reports of the accounting and financial 
        operations of the District government.</DELETED>
        <DELETED>    ``(24) Not later than 120 days after the end of 
        each fiscal year, preparing the complete financial statement 
        and report on the activities of the District government for 
        such fiscal year, for the use of the Mayor under section 
        448(a)(4).</DELETED>
        <DELETED>    ``(25) Preparing fiscal impact statements on 
        regulations, multiyear contracts, contracts over $1,000,000 and 
        on legislation, as required by section 4a of the General 
        Legislative Procedures Act of 1975.</DELETED>
        <DELETED>    ``(26) Preparing under the direction of the Mayor, 
        who has the specific responsibility for formulating budget 
        policy using Chief Financial Officer technical and human 
        resources, the budget for submission by the Mayor to the 
        Council and to the public and upon final adoption to Congress 
        and to the public.</DELETED>
        <DELETED>    ``(27) Certifying all collective bargaining 
        agreements and nonunion pay proposals prior to submission to 
        the Council for approval as to the availability of funds to 
        meet the obligations expected to be incurred by the District 
        government under such collective bargaining agreements and 
        nonunion pay proposals during the year.</DELETED>
<DELETED>    ``(e) Functions of Treasurer.--At all times, the Treasurer 
shall have the following duties:</DELETED>
        <DELETED>    ``(1) Assisting the Chief Financial Officer in 
        reporting revenues received by the District government, 
        including submitting annual and quarterly reports concerning 
        the cash position of the District government not later than 60 
        days after the last day of the quarter (or year) involved. Each 
        such report shall include the following:</DELETED>
                <DELETED>    ``(A) Comparative reports of revenue and 
                other receipts by source, including tax, nontax, and 
                Federal revenues, grants and reimbursements, capital 
                program loans, and advances. Each source shall be 
                broken down into specific components.</DELETED>
                <DELETED>    ``(B) Statements of the cash flow of the 
                District government for the preceding quarter or year, 
                including receipts, disbursements, net changes in cash 
                inclusive of the beginning balance, cash and 
                investment, and the ending balance, inclusive of cash 
                and investment. Such statements shall reflect the 
                actual, planned, better or worse dollar amounts and the 
                percentage change with respect to the current quarter, 
                year-to-date, and fiscal year.</DELETED>
                <DELETED>    ``(C) Quarterly cash flow forecast for the 
                quarter or year involved, reflecting receipts, 
                disbursements, net change in cash inclusive of the 
                beginning balance, cash and investment, and the ending 
                balance, inclusive of cash and investment with respect 
                to the actual dollar amounts for the quarter or year, 
                and projected dollar amounts for each of the 3 
                succeeding quarters.</DELETED>
                <DELETED>    ``(D) Monthly reports reflecting a 
                detailed summary analysis of all District of Columbia 
                government investments, including--</DELETED>
                        <DELETED>    ``(i) the total of long-term and 
                        short-term investments;</DELETED>
                        <DELETED>    ``(ii) a detailed summary analysis 
                        of investments by type and amount, including 
                        purchases, sales (maturities), and 
                        interest;</DELETED>
                        <DELETED>    ``(iii) an analysis of investment 
                        portfolio mix by type and amount, including 
                        liquidity, quality/risk of each security, and 
                        similar information;</DELETED>
                        <DELETED>    ``(iv) an analysis of investment 
                        strategy, including near-term strategic plans 
                        and projects of investment activity, as well as 
                        forecasts of future investment strategies based 
                        on anticipated market conditions, and similar 
                        information; and</DELETED>
                        <DELETED>    ``(v) an analysis of cash 
                        utilization, including--</DELETED>
                                <DELETED>    ``(I) comparisons of 
                                budgeted percentages of total cash to 
                                be invested with actual percentages of 
                                cash invested and the dollar 
                                amounts;</DELETED>
                                <DELETED>    ``(II) comparisons of the 
                                next return on invested cash expressed 
                                in percentages (yield) with comparable 
                                market indicators and established 
                                District of Columbia government yield 
                                objectives; and</DELETED>
                                <DELETED>    ``(III) comparisons of 
                                estimated dollar return against actual 
                                dollar yield.</DELETED>
                <DELETED>    ``(E) Monthly reports reflecting a 
                detailed summary analysis of long-term and short-term 
                borrowings inclusive of debt as authorized by section 
                603, in the current fiscal year and the amount of debt 
                for each succeeding fiscal year not to exceed 5 years. 
                All such reports shall reflect--</DELETED>
                        <DELETED>    ``(i) the amount of debt 
                        outstanding by type of instrument;</DELETED>
                        <DELETED>    ``(ii) the amount of authorized 
                        and unissued debt, including availability of 
                        short-term lines of credit, United States 
                        Treasury borrowings, and similar 
                        information;</DELETED>
                        <DELETED>    ``(iii) a maturity schedule of the 
                        debt;</DELETED>
                        <DELETED>    ``(iv) the rate of interest 
                        payable upon the debt; and</DELETED>
                        <DELETED>    ``(v) the amount of debt service 
                        requirements and related debt service 
                        reserves.</DELETED>
        <DELETED>    ``(2) Such other functions assigned to the Chief 
        Financial Officer under subsection (d) as the Chief Financial 
        Officer may delegate.</DELETED>
<DELETED>    ``(f) Definitions.--For purposes of this section (and 
sections 424a and 424b)--</DELETED>
        <DELETED>    ``(1) the term `Authority' means the District of 
        Columbia Financial Responsibility and Management Assistance 
        Authority established under section 101(a) of the District of 
        Columbia Financial Responsibility and Management Assistance Act 
        of 1995;</DELETED>
        <DELETED>    ``(2) the term `control year' has the meaning 
        given such term under section 305(4) of such Act; and</DELETED>
        <DELETED>    ``(3) the term `District government' has the 
        meaning given such term under section 305(5) of such 
        Act.''.</DELETED>
<DELETED>    (b) Clarification of Duties of Chief Financial Officer and 
Mayor.--</DELETED>
        <DELETED>    (1) Relation to financial duties of mayor.--
        Section 448(a) of such Act (section 1-204.48(a), D.C. Official 
        Code) is amended by striking ``section 603,'' and inserting 
        ``section 603 and except to the extent provided under section 
        424(d),''.</DELETED>
        <DELETED>    (2) Relation to mayor's duties regarding 
        accounting supervision and control.--Section 449 of such Act 
        (section 1-204.49, D.C. Official Code) is amended by striking 
        ``The Mayor'' and inserting ``Except to the extent provided 
        under section 424(d), the Mayor''.</DELETED>

<DELETED>SEC. 202. PERSONNEL AUTHORITY.</DELETED>

<DELETED>    (a) Providing Independent Personnel Authority .--
</DELETED>
        <DELETED>    (1) In general.--Part B of title IV of the 
        District of Columbia Home Rule Act is amended by adding at the 
        end the following new section:</DELETED>

   <DELETED>``authority of chief financial officer over personnel of 
             office and other financial personnel</DELETED>

<DELETED>    ``Sec. 424a.  (a) In General.--Notwithstanding any 
provision of law or regulation (including any law or regulation 
providing for collective bargaining or the enforcement of any 
collective bargaining agreement), employees of the Office of the Chief 
Financial Officer of the District of Columbia, including personnel 
described in subsection (b), shall be appointed by, shall serve at the 
pleasure of, and shall act under the direction and control of the Chief 
Financial Officer of the District of Columbia, and shall be considered 
at-will employees not covered by the District of Columbia Merit 
Personnel Act of 1978, except that nothing in this section may be 
construed to prohibit the Chief Financial Officer from entering into a 
collective bargaining agreement governing such employees and personnel 
or to prohibit the enforcement of such an agreement as entered into by 
the Chief Financial Officer.</DELETED>
<DELETED>    ``(b) Personnel.--The personnel described in this 
subsection are as follows:</DELETED>
        <DELETED>    ``(1) The General Counsel to the Chief Financial 
        Officer and all other attorneys in the Office of the General 
        Counsel within the Office of the Chief Financial Officer of the 
        District of Columbia, together with all other personnel of the 
        Office.</DELETED>
        <DELETED>    ``(2) All other individuals hired or retained as 
        attorneys by the Chief Financial Officer or any office under 
        the personnel authority of the Chief Financial Officer, each of 
        whom shall act under the direction and control of the General 
        Counsel to the Chief Financial Officer.</DELETED>
        <DELETED>    ``(3) The heads and all personnel of the 
        subordinate offices of the Office (as described in section 
        424(a)(2) and established as subordinate offices in section 
        424(a)(3)) and the Chief Financial Officers, Agency Fiscal 
        Officers, and Associate Chief Financial Officers of all 
        District of Columbia executive branch subordinate and 
        independent agencies (in accordance with subsection (c)), 
        together with all other District of Columbia accounting, 
        budget, and financial management personnel (including personnel 
        of executive branch independent agencies, but not including 
        personnel of the legislative or judicial branches of the 
        District government).</DELETED>
<DELETED>    ``(c) Appointment of Certain Executive Branch Agency Chief 
Financial Officers.--</DELETED>
        <DELETED>    ``(1) In general.--The Chief Financial Officers 
        and Associate Chief Financial Officers of all District of 
        Columbia executive branch subordinate and independent agencies 
        (other than those of a subordinate office of the Office) shall 
        be appointed by the Chief Financial Officer, in consultation 
        with the agency head, where applicable. The appointment shall 
        be made from a list of qualified candidates developed by the 
        Chief Financial Officer.</DELETED>
        <DELETED>    ``(2) Transition.--Any executive branch agency 
        Chief Financial Officer appointed prior to the date of 
        enactment of the 2005 District of Columbia Omnibus 
        Authorization Act may continue to serve in that capacity 
        without reappointment.</DELETED>
<DELETED>    ``(d) Independent Authority Over Legal Personnel.--Title 
VIII-B of the District of Columbia Government Comprehensive Merit 
Personnel Act of 1978 (sec. 1-608.51 et seq., D.C. Official Code) shall 
not apply to the Office of the Chief Financial Officer or to attorneys 
employed by the Office.''</DELETED>
        <DELETED>    (2) Clerical amendment.--The table of contents of 
        part B of title IV of the District of Columbia Home Rule Act is 
        amended by adding at the end the following new item:</DELETED>

<DELETED>``Sec. 424a. Authority of Chief Financial Officer over 
                            personnel of Office and other financial 
                            personnel.''.
<DELETED>    (b) Conforming Amendment.--Section 862 of the District of 
Columbia Government Comprehensive Merit Personnel Act of 1978 (D.C. Law 
2-260; D.C. Official Code Sec.  1-608.62) is amended by striking 
paragraph (2).</DELETED>

<DELETED>SEC. 203. PROCUREMENT AUTHORITY.</DELETED>

<DELETED>    (a) Providing Independent Authority to Procure Goods and 
Services.--</DELETED>
        <DELETED>    (1) In general.--Part B of title IV of the 
        District of Columbia Home Rule Act, as amended by section 
        203(a)(1), is further amended by adding at the end the 
        following new section:</DELETED>

        <DELETED>``procurement authority of the chief financial 
                           officer</DELETED>

<DELETED>    ``Sec. 424b. The Chief Financial Officer shall carry out 
procurement of goods and services for the Office of the Chief Financial 
Officer through a procurement office or division which shall operate 
independently of, and shall not be governed by, the Office of 
Contracting and Procurement established under the District of Columbia 
Procurement Practices Act of 1986 or any successor office, except the 
provisions applicable under such Act to procurement carried out by the 
Chief Procurement Officer established by section 105 of such Act or any 
successor office shall apply with respect to the procurement carried 
out by the Chief Financial Officer's procurement office or 
division.''.</DELETED>
        <DELETED>    (2) Clerical amendment.--The table of contents of 
        part B of title IV of the District of Columbia Home Rule Act, 
        as amended by section 203(a)(2), is further amended by adding 
        at the end following new item:</DELETED>

<DELETED>``Sec. 424b. Procurement authority of the Chief Financial 
                            Officer.''.
<DELETED>    (b) Conforming Amendments.--</DELETED>
        <DELETED>    (1) Procurement practices act.--Section 104 of the 
        District of Columbia Procurement Practices Act of 1985 (sec. 2-
        301.04, D.C. Official Code) is amended--</DELETED>
                <DELETED>    (A) in subsection (a), by striking ``, and 
                the District of Columbia Financial Responsibility and 
                Management Assistance Authority'' and inserting the 
                following: ``the District of Columbia Financial 
                Responsibility and Management Assistance Authority, and 
                (to the extent described in section 424b of the 
                District of Columbia Home Rule Act) the Office of the 
                Chief Financial Officer of the District of Columbia''; 
                and</DELETED>
                <DELETED>    (B) in subsection (c), by striking the 
                second and third sentences.</DELETED>
        <DELETED>    (2) Other conforming amendment.--Section 132 of 
        the District of Columbia Appropriations Act, 2006 (Public Law 
        109-115) is hereby repealed.</DELETED>
<DELETED>    (c) Effective Date.--This section and the amendments made 
by this section shall take effect 6 months after the date of enactment 
of this Act.</DELETED>

<DELETED>SEC. 204. FISCAL IMPACT STATEMENTS.</DELETED>

<DELETED>    The General Legislative Procedures Act of 1975 (sec. 1-
301.45 et seq., D.C. Official Code) is amended by adding at the end the 
following new section:</DELETED>

             <DELETED>``fiscal impact statements</DELETED>

<DELETED>    ``Sec. 4a.  (a) Bills and Resolutions.--</DELETED>
        <DELETED>    ``(1) In general.--Notwithstanding any other law, 
        except as provided in subsection (c), all permanent bills and 
        resolutions shall be accompanied by a fiscal impact statement 
        before final adoption by the Council.</DELETED>
        <DELETED>    ``(2) Contents.--The fiscal impact statement shall 
        include the estimate of the costs which will be incurred by the 
        District as a result of the enactment of the measure in the 
        current and each of the first four fiscal years for which the 
        act or resolution is in effect, together with a statement of 
        the basis for such estimate.</DELETED>
<DELETED>    ``(b) Appropriations.--Permanent and emergency acts which 
are accompanied by fiscal impact statements which reflect unbudgeted 
costs, shall be subject to appropriations prior to becoming 
effective.</DELETED>
<DELETED>    ``(c) Applicability.--Subsection (a) shall not apply to 
emergency declaration, ceremonial, confirmation, and sense of the 
Council resolutions.''.</DELETED>

  <DELETED>TITLE III--AUTHORIZATION OF CERTAIN GENERAL APPROPRIATIONS 
                          PROVISIONS</DELETED>

<DELETED>SEC. 301. ACCEPTANCE OF GIFTS BY COURT SERVICES AND OFFENDER 
              SUPERVISION AGENCY.</DELETED>

<DELETED>    (a) Authority to Accept Gifts.--Section 11233(b) of the 
National Capital Revitalization and Self-Government Improvement Act of 
1997 (sec. 24-133(b), D.C. Official Code) is amended by adding at the 
end the following new paragraphs:</DELETED>
        <DELETED>    ``(3) Acceptance of gifts.--</DELETED>
                <DELETED>    ``(A) Authority to accept gifts.--During 
                fiscal years 2006 through 2008, the Director may accept 
                and use gifts in the form of--</DELETED>
                        <DELETED>    ``(i) in-kind contributions of 
                        space and hospitality to support offender and 
                        defendant programs; and</DELETED>
                        <DELETED>    ``(ii) equipment and vocational 
                        training services to educate and train 
                        offenders and defendants.</DELETED>
                <DELETED>    ``(B) Records.--The Director shall keep 
                accurate and detailed records of the acceptance and use 
                of any gifts under subparagraph (A), and shall make 
                such records available for audit and public 
                inspection.</DELETED>
        <DELETED>    ``(4) Reimbursement from district government.--
        During fiscal years 2006 through 2008, the Director may accept 
        and use reimbursement from the District government for space 
        and services provided, on a cost reimbursable 
        basis.''.</DELETED>
<DELETED>    (b) Authority of Public Defender Service to Charge Fees 
for Event Materials.--Section 307 of the District of Columbia Court 
Reform and Criminal Procedure Act of 1970 (sec. 2-1607, D.C. Official 
Code) is amended by adding at the end the following new 
subsection:</DELETED>
<DELETED>    ``(d) During fiscal years 2006 through 2008, the Service 
may charge fees to cover the costs of materials distributed to 
attendees of educational events, including conferences, sponsored by 
the Service. Notwithstanding section 3302 of title 31, United States 
Code, any amounts received as fees under this subsection shall be 
credited to the Service and available for use without further 
appropriation.''.</DELETED>

<DELETED>SEC. 302. EVALUATION PROCESS FOR PUBLIC SCHOOL 
              EMPLOYEES.</DELETED>

<DELETED>     Title XVII of the District of Columbia Merit Personnel 
Act of 1978 (sec. 1-617.01 et seq., D.C. Official Code) is amended by 
adding at the end the following new section:</DELETED>

<DELETED>``SEC. 1718. EVALUATION PROCESS FOR PUBLIC SCHOOL 
              EMPLOYEES.</DELETED>

<DELETED>    ``Notwithstanding any other provision of law, rule, or 
regulation, during fiscal year 2006 and each succeeding fiscal year the 
evaluation process and instruments for evaluating District of Columbia 
Public Schools employees shall be a non-negotiable item for collective 
bargaining purposes.''.</DELETED>

<DELETED>SEC. 303. CLARIFICATION OF APPLICATION OF PAY PROVISIONS OF 
              MERIT PERSONNEL SYSTEM TO ALL DISTRICT 
              EMPLOYEES.</DELETED>

<DELETED>    (a) District of Columbia Home Rule Act.--The fourth 
sentence of section 422(3) of the District of Columbia Home Rule Act 
(sec. 1-204.42(3), D.C. Official Code) is amended by striking ``The 
system may provide'' and inserting the following: ``The system shall 
apply with respect to the compensation of employees of the District 
government during fiscal year 2006 and each succeeding fiscal year, 
except that the system may provide''.</DELETED>
<DELETED>    (b) Title 5, United States Code.--Section 5102 of title 5, 
United States Code, is amended by adding at the end the following new 
subsection:</DELETED>
<DELETED>    ``(e) Except as may be specifically provided, this chapter 
does not apply for pay purposes to any employee of the government of 
the District of Columbia during fiscal year 2006 or any succeeding 
fiscal year.''.</DELETED>

<DELETED>SEC. 304. CRITERIA FOR RENEWING OR EXTENDING SOLE SOURCE 
              CONTRACTS.</DELETED>

<DELETED>     Section 305 of the District of Columbia Procurement 
Practices Act of 1985 (sec. 2-303.05, D.C. Official Code) is amended by 
adding at the end the following new subsection:</DELETED>
<DELETED>    ``(b) During fiscal years 2006 through 2008, a procurement 
contract awarded through noncompetitive negotiations in accordance with 
subsection (a) may be renewed or extended only if the Chief Financial 
Officer of the District of Columbia reviews the contract and certifies 
that the contract was renewed or extended in accordance with duly 
promulgated rules and procedures.''.</DELETED>

<DELETED>SEC. 305. ACCEPTANCE OF GRANT AMOUNTS NOT INCLUDED IN ANNUAL 
              BUDGET.</DELETED>

<DELETED>    (a) Authority to Accept, Obligate, and Expend Amounts.--
Subpart 1 of part D of title IV of the District of Columbia Home Rule 
Act (sec. 1-204.41 et seq., D.C. Official Code), as amended by section 
101(a), is amended by inserting after section 446A the following new 
section:</DELETED>

     <DELETED>``acceptance of grant amounts not included in annual 
                            budget</DELETED>

<DELETED>    ``Sec. 446B.  (a) Authority to Accept, Obligate, and 
Expend Amounts.--Notwithstanding the fourth sentence of section 446, 
the Mayor, in consultation with the Chief Financial Officer of the 
District of Columbia may accept, obligate, and expend Federal, private, 
and other grants received by the District government that are not 
reflected in the budget approved by Act of Congress as provided in such 
section.</DELETED>
<DELETED>    ``(b) Conditions.--</DELETED>
        <DELETED>    ``(1) Role of chief financial officer; approval by 
        council.--No Federal, private, or other grant may be accepted, 
        obligated, or expended pursuant to subsection (a) until--
        </DELETED>
                <DELETED>    ``(A) the Chief Financial Officer submits 
                to the Council a report setting forth detailed 
                information regarding such grant; and</DELETED>
                <DELETED>    ``(B) the Council has reviewed and 
                approved the acceptance, obligation, and expenditure of 
                such grant.</DELETED>
        <DELETED>    ``(2) Deemed approval by council.--For purposes of 
        paragraph (1)(B), the Council shall be deemed to have reviewed 
        and approved the acceptance, obligation, and expenditure of a 
        grant if--</DELETED>
                <DELETED>    ``(A) no written notice of disapproval is 
                filed with the Secretary of the Council within 14 
                calendar days of the receipt of the report from the 
                Chief Financial Officer under paragraph (1)(A); 
                or</DELETED>
                <DELETED>    ``(B) if such a notice of disapproval is 
                filed within such deadline, the Council does not by 
                resolution disapprove the acceptance, obligation, or 
                expenditure of the grant within 30 calendar days of the 
                initial receipt of the report from the Chief Financial 
                Officer under paragraph (1)(A).</DELETED>
<DELETED>    ``(c) No Obligation or Expenditure Permitted in 
Anticipation of Receipt or Approval.--No amount may be obligated or 
expended from the general fund or other funds of the District of 
Columbia government in anticipation of the approval or receipt of a 
grant under subsection (b)(2) or in anticipation of the approval or 
receipt of a Federal, private, or other grant not subject to such 
subsection.</DELETED>
<DELETED>    ``(d) Adjustments to Annual Budget.--The Chief Financial 
Officer may adjust the budget for Federal, private, and other grants 
received by the District government reflected in the amounts provided 
in the budget approved by Act of Congress under section 446, or 
approved and received under subsection (b)(2) to reflect a change in 
the actual amount of the grant.</DELETED>
<DELETED>    ``(e) Reports.--The Chief Financial Officer shall prepare 
a quarterly report setting forth detailed information regarding all 
Federal, private, and other grants subject to this section. Each such 
report shall be submitted to the Council and to the Committees on 
Appropriations of the House of Representatives and Senate not later 
than 15 days after the end of the quarter covered by the 
report.</DELETED>
<DELETED>    ``(f) Effective Date.--This section shall apply with 
respect to fiscal years 2006 through 2008.''.</DELETED>
<DELETED>    (b) Conforming Amendment.--The fourth sentence of section 
446 of such Act (sec. 1-204.46, D.C. Official Code), as amended by 
section 101(b), is amended by inserting ``section 446B,'' after 
``section 446A,''.</DELETED>
<DELETED>    (c) Clerical Amendment.--The table of contents of such 
Act, as amended by section 101(c), is amended by inserting after the 
item relating to section 446A the following new item:</DELETED>

<DELETED>``Sec. 446B. Acceptance of grant amounts not included in 
                            annual budget.''.

<DELETED>SEC. 306. STANDARDS FOR ANNUAL INDEPENDENT AUDIT.</DELETED>

<DELETED>     Section 448 of the District of Columbia Home Rule Act 
(sec. 1-204.48, D.C. Official Code) is amended--</DELETED>
        <DELETED>    (1) in subsection (a)(4), by striking the 
        semicolon at the end and inserting the following: ``, as 
        audited by the Inspector General of the District of Columbia in 
        accordance with subsection (c) in the case of fiscal years 2006 
        through 2008;''; and</DELETED>
        <DELETED>    (2) by adding at the end the following new 
        subsection:</DELETED>
<DELETED>    ``(c) The financial statement and report for a fiscal year 
prepared and submitted for purposes of subsection (a)(4) shall be 
audited by the Inspector General of the District of Columbia (in 
coordination with the Chief Financial Officer of the District of 
Columbia) pursuant to section 208(a)(4) of the District of Columbia 
Procurement Practices Act of 1985, and shall include as a basic 
financial statement a comparison of audited actual year-end results 
with the revenues submitted in the budget document for such year and 
the appropriations enacted into law for such year using the format, 
terminology, and classifications contained in the law making the 
appropriations for the year and its legislative history.''.</DELETED>

<DELETED>SEC. 307. USE OF FINES IMPOSED FOR VIOLATION OF TRAFFIC 
              ALCOHOL LAWS FOR ENFORCEMENT AND PROSECUTION OF 
              LAWS.</DELETED>

<DELETED>     Section 10(b)(3) of the District of Columbia Traffic Act, 
1925 (sec. 50-2201.05(b)(3), D.C. Official Code) is amended to read as 
follows:</DELETED>
<DELETED>    ``(3) Notwithstanding any other provision of law, all 
fines imposed and collected pursuant to this subsection during fiscal 
year 2006 and each succeeding fiscal year shall be transferred to the 
General Fund of the District of Columbia, shall be used by the District 
of Columbia exclusively for the enforcement and prosecution of the 
District traffic alcohol laws, and shall remain available until 
expended.''.</DELETED>

<DELETED>SEC. 308. CERTIFICATIONS FOR ATTORNEYS IN CASES BROUGHT UNDER 
              INDIVIDUALS WITH DISABILITIES EDUCATION ACT.</DELETED>

<DELETED>    (a) Responsibilities of Chief Financial Officer.--Section 
424(d) of the District of Columbia Home Rule Act (sec. 1-204.24(d), 
D.C. Official Code), as amended by section 201(a), is amended by adding 
at the end the following new paragraph:</DELETED>
        <DELETED>    ``(28) With respect to attorneys in special 
        education cases brought under the Individuals with Disabilities 
        Education Act in the District of Columbia during fiscal year 
        2006 and each succeeding fiscal year--</DELETED>
                <DELETED>    ``(A) requiring such attorneys to certify 
                in writing that the attorney or representative of the 
                attorney rendered any and all services for which the 
                attorney received an award in such a case, including 
                those received under a settlement agreement or as part 
                of an administrative proceeding, from the District of 
                Columbia;</DELETED>
                <DELETED>    ``(B) requiring such attorneys, as part of 
                the certification under subparagraph (A), to disclose 
                any financial, corporate, legal, membership on boards 
                of directors, or other relationships with any special 
                education diagnostic services, schools, or other 
                special education service providers to which the 
                attorneys have referred any clients in any such cases; 
                and</DELETED>
                <DELETED>    ``(C) preparing and submitting quarterly 
                reports to the Committees on Appropriations of the 
                House of Representatives and Senate on the 
                certification of and the amount paid by the government 
                of the District of Columbia, including the District of 
                Columbia Public Schools, to such 
                attorneys.''.</DELETED>
<DELETED>    (b) Investigations by Inspector General.--Section 
208(a)(3) of the District of Columbia Procurement Practices Act of 1985 
(sec. 2-302.08(a)(3), D.C. Official Code) is amended by adding at the 
end the following new subparagraph:</DELETED>
<DELETED>    ``(J) During fiscal year 2006 and each succeeding fiscal 
year, conduct investigations to determine the accuracy of 
certifications made to the Chief Financial Officer of the District of 
Columbia under section 424(d)(28) of the District of Columbia Home Rule 
Act of attorneys in special education cases brought under the 
Individuals with Disabilities Education Act in the District of 
Columbia.''.</DELETED>

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``2005 District of 
Columbia Omnibus Authorization Act''.
    (b) Table of Contents.--The table of contents of this 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.
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.

              TITLE I--GOVERNANCE OF DISTRICT OF COLUMBIA

          Subtitle A--General District of Columbia Governance

SEC. 101. BUDGET FLEXIBILITY.

    (a) Permitting Increase in Amount Appropriated as Local Funds 
During a Fiscal Year.--Subpart 1 of part D of title IV of the District 
of Columbia Home Rule Act (sec. 1-204.41 et seq., D.C. Official Code) 
is amended by inserting after section 446 the following new section:

 ``permitting increase in amount appropriated as local funds during a 
                              fiscal year

    ``Sec. 446A.  (a) In General.--Notwithstanding the fourth sentence 
of section 446, to account for an unanticipated growth of revenue 
collections, the amount appropriated as District of Columbia funds 
under budget approved by Act of Congress as provided in such section 
may be increased--
            ``(1) by an aggregate amount of not more than 25 percent, 
        in the case of amounts allocated under the budget as `Other-
        Type Funds'; and
            ``(2) by an aggregate amount of not more than 6 percent, in 
        the case of any other amounts allocated under the budget.
    ``(b) Conditions.--The District of Columbia may obligate and expend 
any increase in the amount of funds authorized under this section only 
in accordance with the following conditions:
            ``(1) The Chief Financial Officer of the District of 
        Columbia shall certify--
                    ``(A) the increase in revenue; and
                    ``(B) that the use of the amounts is not 
                anticipated to have a negative impact on the long-term 
                financial, fiscal, or economic health of the District.
            ``(2) The amounts shall be obligated and expended in 
        accordance with laws enacted by the Council of the District of 
        Columbia in support of each such obligation and expenditure, 
        consistent with any other requirements under law.
            ``(3) The amounts may not be used to fund any agencies of 
        the District government operating under court-ordered 
        receivership.
            ``(4) The amounts may not be obligated or expended unless 
        the Mayor has notified the Committees on Appropriations of the 
        House of Representatives and Senate, the Committee on 
        Government Reform of the House of Representatives, and the 
        Committee on Homeland Security and Governmental Affairs of the 
        Senate not fewer than 30 days in advance of the obligation or 
        expenditure.
    ``(c) Effective Date.--This section shall apply with respect to 
fiscal years 2006 through 2007.''.
    (b) Conforming Amendment.--The fourth sentence of section 446 of 
such Act (sec. 1-204.46, D.C. Official Code) is amended by inserting 
``section 446A,''after ``section 445A(b),''.
    (c) Clerical Amendment.--The table of contents of such Act is 
amended by inserting after the item relating to section 446 the 
following new item:

``Sec. 446A. Permitting increase in amount appropriated as local funds 
                            during a fiscal year.''.

SEC. 102. ADDITIONAL AUTHORITY TO ALLOCATE AMOUNTS IN RESERVE FUNDS.

    (a) In General.--Section 450A of the District of Columbia Home Rule 
Act (sec. 1-204.50A, D.C. Official Code) is amended--
            (1) by redesignating subsection (c) as subsection (d); and
            (2) by inserting after subsection (b) the following new 
        subsection:
    ``(c) Additional Authority To Allocate Amounts.--
            ``(1) In general.--Notwithstanding any other provision of 
        this section, in addition to the authority provided under this 
        section to allocate and use amounts from the emergency reserve 
        fund under subsection (a) and the contingency reserve fund 
        under subsection (b), the District of Columbia may allocate 
        amounts from such funds during a fiscal year and use such 
        amounts for cash flow management purposes.
            ``(2) Limits on amount allocated.--
                    ``(A) Amount of individual allocation.--The amount 
                of an allocation made from the emergency reserve fund 
                or the contingency reserve fund pursuant to the 
                authority of this subsection may not exceed 50 percent 
                of the balance of the fund involved at the time the 
                allocation is made.
                    ``(B) Aggregate amount allocated.--The aggregate 
                amount allocated from the emergency reserve fund or the 
                contingency reserve fund pursuant to the authority of 
                this subsection during a fiscal year may not exceed 50 
                percent of the balance of the fund involved as of the 
                first day of such fiscal year.
            ``(3) Replenishment.--If the District of Columbia allocates 
        any amounts from a reserve fund pursuant to the authority of 
        this subsection during a fiscal year, the District shall fully 
        replenish the fund for the amounts allocated not later than the 
        earlier of--
                    ``(A) the expiration of the 9-month period which 
                begins on the date the allocation is made; or
                    ``(B) the last day of the fiscal year.
            ``(4) Effective date.--This subsection shall apply with 
        respect to fiscal years 2006 through 2007.''.
    (b) Special Rule for Timing of Replenishment After Subsequent 
Allocation.--
            (1) Emergency reserve fund.--Section 450A(a)(7) of such Act 
        (sec. 1-204.50A(a)(7), D.C. Official Code) is amended--
                    (A) by striking ``(7) Replenishment.--'' and 
                inserting the following:
            ``(7) Replenishment.--
                    ``(A) In general.--The District of Columbia''; and
                    (B) by adding at the end the following new 
                subparagraph:
                    ``(B) Special rule for replenishment after 
                allocation for cash flow management.--
                            ``(i) In general.--If the District 
                        allocates amounts from the emergency reserve 
                        fund during a fiscal year for cash flow 
                        management purposes pursuant to the authority 
                        of subsection (c) and at any time afterwards 
                        during the year makes a subsequent allocation 
                        from the fund for purposes of this subsection, 
                        and if as a result of the subsequent allocation 
                        the balance of the fund is reduced to an amount 
                        which is less than 50 percent of the balance of 
                        the fund as of the first day of the fiscal 
                        year, the District shall replenish the fund by 
                        such amount as may be required to restore the 
                        balance to an amount which is equal to 50 
                        percent of the balance of the fund as of the 
                        first day of the fiscal year.
                            ``(ii) Deadline.--The District shall carry 
                        out any replenishment required under clause (i) 
                        as a result of a subsequent allocation 
                        described in such clause not later than the 
                        expiration of the 60-day period which begins on 
                        the date of the subsequent allocation.''.
            (2) Contingency reserve fund.--Section 450A(b)(6) of such 
        Act (sec. 1-204.50A(b)(6), D.C. Official Code) is amended--
                    (A) by striking ``(6) Replenishment.--'' and 
                inserting the following:
            ``(6) Replenishment.--
                    ``(A) In general.--The District of Columbia''; and
                    (B) by adding at the end the following new 
                subparagraph:
                    ``(B) Special rule for replenishment after 
                allocation for cash flow management.--
                            ``(i) In general.--If the District 
                        allocates amounts from the contingency reserve 
                        fund during a fiscal year for cash flow 
                        management purposes pursuant to the authority 
                        of subsection (c) and at any time afterwards 
                        during the year makes a subsequent allocation 
                        from the fund for purposes of this subsection, 
                        and if as a result of the subsequent allocation 
                        the balance of the fund is reduced to an amount 
                        which is less than 50 percent of the balance of 
                        the fund as of the first day of the fiscal 
                        year, the District shall replenish the fund by 
                        such amount as may be required to restore the 
                        balance to an amount which is equal to 50 
                        percent of the balance of the fund as of the 
                        first day of the fiscal year.
                            ``(ii) Deadline.--The District shall carry 
                        out any replenishment required under clause (i) 
                        as a result of a subsequent allocation 
                        described in such clause not later than the 
                        expiration of the 60-day period which begins on 
                        the date of the subsequent allocation.''.

SEC. 103. PERMITTING GENERAL SERVICES ADMINISTRATION TO OBTAIN SPACE 
              AND SERVICES ON BEHALF OF DISTRICT OF COLUMBIA PUBLIC 
              DEFENDER SERVICE.

    (a) Authority To Obtain Space and Services.--At the request of the 
Director of the District of Columbia Public Defender Service, the 
Administrator of General Services may furnish space and services on 
behalf of the Service (either directly by providing space and services 
in buildings owned or occupied by the Federal Government or indirectly 
by entering into leases with non-Federal entities) in the same manner, 
and under the same terms and conditions, as the Administrator may 
furnish space and services on behalf of an agency of the Federal 
Government.
    (b) Effective Date.--This section shall apply with respect to 
fiscal year 2006 and each succeeding fiscal year.

SEC. 104. AUTHORITY TO ENTER INTO INTERSTATE INSURANCE PRODUCT 
              REGULATION COMPACT.

    (a) In General.--The District of Columbia is authorized to enter 
into an interstate compact to establish a joint state commission as an 
instrumentality of the District of Columbia for the purpose of 
establishing uniform insurance product regulations among the 
participating states.
    (b) Delegation.--Any insurance product regulation compact that the 
Council of the District of Columbia authorizes the Mayor to execute on 
behalf of the District may contain provisions that delegate the 
requisite power and authority to the joint state commission to achieve 
the purposes for which the interstate compact is established.

SEC. 105. METERED TAXICABS IN THE DISTRICT OF COLUMBIA.

    (a) In General.--Except as provided in subsection (b) and not later 
than 1 year after the date of enactment of this Act, the District of 
Columbia shall require all taxicabs licensed in the District of 
Columbia to charge fares by a metered system.
    (b) District of Columbia Opt Out.--The Mayor of the District of 
Columbia may exempt the District of Columbia from the requirement under 
subsection (a) by issuing an executive order that specifically states 
that the District of Columbia opts out of the requirement to implement 
a metered fare system for taxicabs.

                Subtitle B--District of Columbia Courts

SEC. 111. MODERNIZATION OF OFFICE OF REGISTER OF WILLS.

    (a) Revision of Duties.--Section 11-2104(b), District of Columbia 
Official Code, is amended to read as follows:
    ``(b) In matters over which the Superior Court has probate 
jurisdiction or powers, the Register of Wills shall--
            ``(1) make full and fair entries, in separate records, of 
        the proceedings of the court;
            ``(2) record in electronic or other format all wills proved 
        before the Register of Wills or the court and other matters 
        required by law to be recorded in the court;
            ``(3) lodge in places of safety designated by the court 
        original papers filed with the Register of Wills;
            ``(4) make out and issue every summons, process, and order 
        of the court;
            ``(5) prepare and submit to the Executive Officer of the 
        District of Columbia courts such reports as may be required; 
        and
            ``(6) in every respect, act under the control and direction 
        of the court.''.
    (b) Repeal of Penalties.--
            (1) In general.--Section 11-2104, District of Columbia 
        Code, is amended--
                    (A) in the heading, by striking ``; penalties''; 
                and
                    (B) by striking subsections (d) and (e).
            (2) Clerical amendment.--The item relating to section 11-
        2104 in the table of sections for chapter 21 of title 11, 
        District of Columbia Official Code, is amended by striking ``; 
        penalties''.
    (c) Record of Claims Against Nonresident Decedents.--Section 20-
343(d), District of Columbia Official Code, is amended by striking the 
second sentence and inserting the following: ``The Register shall 
record all such claims and releases.''.

SEC. 112. INCREASE IN CAP ON RATES OF PAY FOR NONJUDICIAL EMPLOYEES.

    (a) In General.--The second sentence of section 11-1726(a), 
District of Columbia Official Code, is amended by striking ``pay fixed 
by administrative action in section 5373'' and inserting ``maximum pay 
in section 5382(a)''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply with respect to pay periods beginning on or after the date of the 
enactment of this Act.

SEC. 113. CLARIFICATION OF RATE FOR INDIVIDUALS PROVIDING SERVICES TO 
              INDIGENT DEFENDANTS.

    (a) In General.--Section 11-2605, District of Columbia Official 
Code, is amended--
            (1) by striking subsection (b);
            (2) in subsection (c), by inserting after ``United States 
        Code,'' the following: ``(or, in the case of investigative 
        services, a fixed rate of $25 per hour)'';
            (3) in subsection (d), by inserting after ``United States 
        Code,'' the following: ``(or, in the case of investigative 
        services, a fixed rate of $25 per hour)''; and
            (4) by redesignating subsections (c) and (d) as subsections 
        (b) and (c).
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply with respect to services provided on or after the date of the 
enactment of this Act.

SEC. 114. AUTHORITY OF COURTS TO CONDUCT PROCEEDINGS OUTSIDE OF 
              DISTRICT OF COLUMBIA DURING EMERGENCIES.

    (a) District of Columbia Court of Appeals.--
            (1) In general.--Subchapter I of chapter 7 of title 11, 
        District of Columbia Official Code, is amended by adding at the 
        end the following new section:
``Sec. 11-710. Emergency Authority to conduct proceedings outside 
              District of Columbia
    ``(a) In General.--The court may hold special sessions at any place 
within the United States outside the District of Columbia as the nature 
of the business may require and upon such notice as the court orders, 
upon a finding by either the chief judge of the court (or, if the chief 
judge is absent or disabled, the judge designated under section 11-
706(a)) or the Joint Committee on Judicial Administration in the 
District of Columbia that, because of emergency conditions, no location 
within the District of Columbia is reasonably available where such 
special sessions could be held. The court may transact any business at 
a special session authorized pursuant to this section which it has the 
authority to transact at a regular session.
    ``(b) Notice Requirements.--If the Court of Appeals issues an order 
exercising its authority under subsection (a), the court--
            ``(1) through the Joint Committee on Judicial 
        Administration in the District of Columbia, shall send notice 
        of such order, including the reasons for the issuance of such 
        order, to the Committee on Homeland Security and Governmental 
        Affairs of the Senate and the Committee on Government Reform of 
        the House of Representatives; and
            ``(2) shall provide reasonable notice to the United States 
        Marshals Service before the commencement of any special session 
        held pursuant to such order.''.
            (2) Clerical amendment.--The table of contents of chapter 7 
        of title 11, District of Columbia Official Code, is amended by 
        adding at the end of the items relating to subchapter I the 
        following:

``11-710. Emergency authority to conduct proceedings outside District 
                            of Columbia.''.
    (b) Superior Court of the District of Columbia.--
            (1) In general.--Subchapter I of chapter 9 of title 11, 
        District of Columbia Official Code, is amended by adding at the 
        end the following new section:
``Sec. 11-911. Emergency Authority to conduct proceedings outside 
              District of Columbia
    ``(a) In General.--The Superior Court may hold special sessions at 
any place within the United States outside the District of Columbia as 
the nature of the business may require and upon such notice as the 
Superior Court orders, upon a finding by either the chief judge of the 
Superior Court (or, if the chief judge is absent or disabled, the judge 
designated under section 11-907(a)) or the Joint Committee on Judicial 
Administration in the District of Columbia that, because of emergency 
conditions, no location within the District of Columbia is reasonably 
available where such special sessions could be held.
    ``(b) Business Transacted.--The Superior Court may transact any 
business at a special session outside the District of Columbia 
authorized pursuant to this section which it has the authority to 
transact at a regular session, except that a criminal trial may not be 
conducted at such a special session without the consent of the 
defendant.
    ``(c) Summoning of Jurors.--Notwithstanding any other provision of 
law, in any case in which special sessions are conducted pursuant to 
this section, the Superior Court may summon jurors--
            ``(1) in civil proceedings, from any part of the District 
        of Columbia or, if jurors are not readily available from the 
        District of Columbia, the jurisdiction in which it is holding 
        the special session; and
            ``(2) in criminal trials, from any part of the District of 
        Columbia or, if jurors are not readily available from the 
        District of Columbia and if the defendant so consents, the 
        jurisdiction in which it is holding the special session.
    ``(d) Notice Requirements.--If the Superior Court issues an order 
exercising its authority under subsection (a), the Court--
            ``(1) through the Joint Committee on Judicial 
        Administration in the District of Columbia, shall send notice 
        of such order, including the reasons for the issuance of such 
        order, to the Committee on Homeland Security and Governmental 
        Affairs of the Senate and the Committee on Government Reform of 
        the House of Representatives; and
            ``(2) shall provide reasonable notice to the United States 
        Marshals Service before the commencement of any special session 
        held pursuant to such order.''.
            (2) Clerical amendment.--The table of contents of chapter 9 
        of title 11, District of Columbia Official Code, is amended by 
        adding at the end of the items relating to subchapter I the 
        following:

``11-911. Emergency authority to conduct proceedings outside District 
                            of Columbia.''.

SEC. 115. AUTHORITY OF COURT SERVICES AND OFFENDER SUPERVISION AGENCY 
              TO USE SERVICES OF VOLUNTEERS.

    Section 11233 of the National Capital Revitalization and Self-
Government Improvement Act of 1997 (sec. 24-133, D.C. Official Code) is 
amended by adding at the end the following new subsection:
    ``(g) Authority To Use Services of Volunteers.--
            ``(1) In general.--The Agency (including any independent 
        entity within the Agency) may accept the services of volunteers 
        and provide for their incidental expenses to carry out any 
        activity of the Agency except policy-making.
            ``(2) Applicability of worker's compensation rules to 
        volunteers.--Any volunteer whose services are accepted pursuant 
        to this subsection shall be considered an employee of the 
        United States Government in providing the services for purposes 
        of chapter 81 of title 5, United States Code (relating to 
        compensation for work injuries) and chapter 11 of title 18, 
        United States Code, relating to corruption and conflicts of 
        interest.''.

SEC. 116. TECHNICAL CORRECTIONS RELATING TO COURTS.

    (a) In General.--Section 329 of the District of Columbia 
Appropriations Act, 2005 (Public Law 108-335; 118 Stat. 1345), is 
amended to read as follows:
    ``Sec. 329. (a) Approval of Bonds by Joint Committee on Judicial 
Administration.--Section 11-1701(b), District of Columbia Official 
Code, is amended by striking paragraph (5).
    ``(b) Executive Officer.--
            ``(1) In general.--Section 11-1704, District of Columbia 
        Official Code, is amended to read as follows:

                       `oath of executive officer

    `Sec. 11-1704. 
    `The Executive Officer shall take an oath or affirmation for the 
faithful and impartial discharge of the duties of that office.'.
            ``(2) Clerical amendment.--The table of sections for 
        chapter 17 of title 11, District of Columbia Official Code, is 
        amended by amending the item relating to section 11-1704 to 
        read as follows:

`11-1704. Oath of Executive Officer.'.
    ``(c) Fiscal Officer.--Section 11-1723, District of Columbia 
Official Code, is amended--
            ``(1) by striking `(a)(1)'and inserting `(a)';
            ``(2) by striking subsection (b); and
            ``(3) by redesignating paragraphs (2) and (3) of subsection 
        (a) as subsections (b) and (c).
    ``(d) Auditor-Master.--Section 11-1724, District of Columbia 
Official Code, is amended by striking the second and third sentences.
    ``(e) Register of Wills.--
            ``(1) In general.--Section 11-2102, District of Columbia 
        Official Code, is amended--
                    ``(A) in the heading, by striking `bond;';
                    ``(B) in subsection (a)(2), by striking `give 
                bond,'and all that follows through `seasonably to 
                record' and inserting `seasonably record'; and
                    ``(C) by striking the third sentence of subsection 
                (a).
            ``(2) Clerical amendment.--The item relating to section 11-
        2102 in the table of sections for chapter 21 of title 11, 
        District of Columbia Official Code, is amended by striking 
        `bond;'.''.
    (b) Clerical Amendment.--The table of sections for chapter 17 of 
title 11, District of Columbia Official Code, is amended by amending 
the item relating to section 11-1728 to read as follows:

``11-1728. Recruitment and training of personnel; travel.''.
    (c) Effective Date.--The amendments made by this section shall take 
effect as if included in the enactment of the District of Columbia 
Appropriations Act, 2005.

SEC. 117. INCLUSION OF COURT EMPLOYEES IN ENHANCED DENTAL AND VISION 
              BENEFIT PROGRAM.

    (a) United States Code.--Title 5 of the United States Code is 
amended--
            (1) in section 8951(1) by adding at the end the following: 
        ``and an employee of the District of Columbia courts'';
            (2) in section 8981(1) by adding at the end the following: 
        ``and an employee of the District of Columbia courts''; and
            (3) in section 9001(1) is amended--
                    (A) in subparagraph (C), by striking ``and'';
                    (B) in subparagraph (D), by striking the period and 
                inserting a semicolon and ``and''; and
                    (C) by adding at the end the following: ``(E) an 
                employee of the District of Columbia courts.''.
    (b) D.C. Code.--Section 11-1726, District of Columbia Code, is 
amended--
            (1) in subsection (b)(1), by striking subparagraph (F) and 
        inserting the following:
                    ``(F) Chapter 89A (relating to enhanced dental 
                benefits).
                    ``(G) Chapter 89B (relating to enhanced vision 
                benefits).
                    ``(H) Chapter 90 (relating to long-term care 
                insurance).''; and
            (2) in subsection (c)(1), by striking subparagraph (D) and 
        inserting the following:
                    ``(D) Chapter 89A (relating to enhanced dental 
                benefits).
                    ``(E) Chapter 89B (relating to enhanced vision 
                benefits).
                    ``(F) Chapter 90 (relating to long-term care 
                insurance).''.

         Subtitle C--Other Miscellaneous Technical Corrections

SEC. 121. 2004 DISTRICT OF COLUMBIA OMNIBUS AUTHORIZATION ACT.

    (a) In General.--The first sentence of section 446(a) of the 
District of Columbia Home Rule Act (sec. 1-204.46(a), D.C. Official 
Code) is amended by striking ``The Council,''and all that follows 
through ``from the Mayor,''and inserting ``The Council, within 56 
calendar days after receipt of the budget proposal from the Mayor,''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect as if included in the enactment of the 2004 District of 
Columbia Omnibus Authorization Act.

SEC. 122. DISTRICT OF COLUMBIA APPROPRIATIONS ACT, 2005.

    (a) In General.--Section 450A of the District of Columbia Home Rule 
Act (sec. 1-204.50A, D.C. Official Code), as amended by section 332 of 
the District of Columbia Appropriations Act, 2005 (Public Law 108-335; 
118 Stat. 1346), is amended--
            (1) in the heading of subsection (a)(2), by striking ``In 
        general''and inserting ``Operating expenditures defined''; and
            (2) in the heading of subsection (b)(2), by striking ``In 
        general'' and inserting ``Operating expenditures defined''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect as if included in the enactment of the 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.

    (a) Federal Reserve Act.--
            (1) The second undesignated paragraph of the first section 
        of the Federal Reserve Act(12 U.S.C. 221) is amended by adding 
        at the end the following: ``For purposes of this Act, a State 
        bank includes any bank which is operating under the Code of Law 
        for the District of Columbia.''.
            (2) The first sentence of the first undesignated paragraph 
        of section 9 of the Federal Reserve Act(12 U.S.C. 321) is 
        amended by striking ``incorporated by special law of any State, 
        or'' and inserting ``incorporated by special law of any State, 
        operating under the Code of Law for the District of Columbia, 
        or''.
    (b) Bank Conservation Act.--Section 202 of the Bank Conservation 
Act(12 U.S.C. 202) is amended--
            (1) by striking ``means (1) any national'' and inserting 
        ``means any national''; and
            (2) by striking ``, and (2) any bank or trust company 
        located in the District of Columbia and operating under the 
        supervision of the Comptroller of the Currency''.
    (c) Depository Institution Deregulation and Monetary Control Act of 
1980.--Part C of title VII of the Depository Institution Deregulation 
and Monetary Control Act of 1980 is amended--
            (1) in paragraph (1) of section 731 (12 U.S.C. 216(1)) by 
        striking ``and closed banks in the District of Columbia''; and
            (2) in paragraph (2) of section 732 (12 U.S.C. 216a(2)) by 
        striking ``or closed banks in the District of Columbia''.
    (d) Federal Deposit Insurance Act.--Section 3(a)(2)(B) of the 
Federal Deposit Insurance Act(12 U.S.C. 1813(a)(2)(B)) is amended by 
striking ``(except a national bank)''.
    (e) National Bank Consolidation and Merger Act.--Section 7(1) of 
the National Bank Consolidation and Merger Act(12 U.S.C. 215b(1)) is 
amended by striking ``(except a national banking association located in 
the District of Columbia)''.
    (f) An Act of August 17, 1950.--Section 1(a) of the Act entitled 
``An Act to provide for the conversion of national banking associations 
into and their merger or consolidation with State banks, and for other 
purposes'' and approved August 17, 1950 (12 U.S.C. 214(a)) is amended 
by striking ``(except a national banking association)''.
    (g) Federal Trade Commission Act.--Section 18(f)(2) of the Federal 
Trade Commission Act(15 U.S.C. 57a(f)(2)) is amended--
            (1) in subparagraph (A), by striking ``, banks operating 
        under the code of law for the District of Columbia,''; and
            (2) in subparagraph (B), by striking ``and banks operating 
        under the code of law for the District of Columbia''.

SEC. 124. DISTRICT OF COLUMBIA SCHOOLS FISCAL YEAR.

    Section 441(b)(2) of the District of Columbia Home Rule Act 
(section 1-204.41, D.C. Official Code) is amended by striking ``shall 
begin'' and inserting ``may begin''.

SEC. 125. GIFTS TO LIBRARIES.

    Section 115(c) of title III of division C of Public Law 108-7 in 
amended by inserting ``and the District of Columbia Public Libraries'' 
before the period.

         TITLE II--INDEPENDENCE OF THE CHIEF FINANCIAL OFFICER

SEC. 201. PROMOTING INDEPENDENCE OF CHIEF FINANCIAL OFFICER.

    (a) In General.--Section 424 of the District of Columbia Home Rule 
Act (sec. 1-204.24a et seq., D.C. Official Code) is amended to read as 
follows:

         ``chief financial officer of the district of columbia

    ``Sec. 424.  (a) In General.--
            ``(1) Establishment.--There is hereby established within 
        the executive branch of the government of the District of 
        Columbia an Office of the Chief Financial Officer of the 
        District of Columbia (hereafter referred to as the `Office'), 
        which shall be headed by the Chief Financial Officer of the 
        District of Columbia (hereafter referred to as the `Chief 
        Financial Officer').
            ``(2) Organizational analysis.--
                    ``(A) Office of budget and planning.--The name of 
                the Office of Budget and Management, established by 
                Commissioner's Order 69-96, issued March 7, 1969, is 
                changed to the Office of Budget and Planning.
                    ``(B) Office of tax and revenue.--The name of the 
                Department of Finance and Revenue, established by 
                Commissioner's Order 69-96, issued March 7, 1969, is 
                changed to the Office of Tax and Revenue.
                    ``(C) Office of finance and treasury.--The name of 
                the Office of Treasurer, established by Mayor's Order 
                89-244, dated October 23, 1989, is changed to the 
                Office of Finance and Treasury.
                    ``(D) Office of financial operations and systems.--
                The Office of the Controller, established by Mayor's 
                Order 89-243, dated October 23, 1989, and the Office of 
                Financial Information Services, established by Mayor's 
                Order 89-244, dated October 23, 1989, are consolidated 
                into the Office of Financial Operations and Systems.
            ``(3) Transfers.--Effective with the appointment of the 
        first Chief Financial Officer under subsection (b), the 
        functions and personnel of the following offices are 
        established as subordinate offices within the Office:
                    ``(A) The Office of Budget and Planning, headed by 
                the Deputy Chief Financial Officer for the Office of 
                Budget and Planning.
                    ``(B) The Office of Tax and Revenue, headed by the 
                Deputy Chief Financial Officer for the Office of Tax 
                and Revenue.
                    ``(C) The Office of Research and Analysis, headed 
                by the Deputy Chief Financial Officer for the Office of 
                Research and Analysis.
                    ``(D) The Office of Financial Operations and 
                Systems, headed by the Deputy Chief Financial Officer 
                for the Office of Financial Operations and Systems.
                    ``(E) The Office of Finance and Treasury, headed by 
                the District of Columbia Treasurer.
                    ``(F) The Lottery and Charitable Games Control 
                Board, established by the Law to Legalize Lotteries, 
                Daily Numbers Games, and Bingo and Raffles for 
                Charitable Purposes in the District of Columbia, 
                effective March 10, 1981 (D.C. Law 3-172; D.C. Official 
                Code Sec. 3-1301 et seq.).
            ``(4) Supervisor.--The heads of the offices listed in 
        paragraph (3) of this section shall serve at the pleasure of 
        the Chief Financial Officer.
            ``(5) Appointment and removal of office employees.--The 
        Chief Financial Officer shall appoint the heads of the 
        subordinate offices designated in paragraph (3), after 
        consultation with the Mayor and the Council. The Chief 
        Financial Officer may remove the heads of the offices 
        designated in paragraph (3), after consultation with the Mayor 
        and the Council.
            ``(6) Annual budget submission.--The Chief Financial 
        Officer shall prepare and annually submit to the Mayor of the 
        District of Columbia, for inclusion in the annual budget of the 
        District of Columbia government for a fiscal year, annual 
        estimates of the expenditures and appropriations necessary for 
        the year for the operation of the Office and all other District 
        of Columbia accounting, budget, and financial management 
        personnel (including personnel of executive branch independent 
        agencies) that report to the Office pursuant to this Act.
    ``(b) Appointment of the Chief Financial Officer.--
            ``(1) Appointment.--
                    ``(A) In general.--The Chief Financial Officer 
                shall be appointed by the Mayor with the advice and 
                consent, by resolution, of the Council. Upon 
                confirmation by the Council, the name of the Chief 
                Financial Officer shall be submitted to the Committees 
                on Appropriations of the House of Representatives and 
                Senate, the Committee on Government Reform of the House 
                of Representatives, and the Committee on Homeland 
                Security and Governmental Affairs of the Senate for a 
                30-day period of review and comment before the 
                appointment takes effect.
                    ``(B) Special rule for control years.--During a 
                control year, the Chief Financial Officer shall be 
                appointed by the Mayor as follows:
                            ``(i) Prior to the appointment, the 
                        Authority may submit recommendations for the 
                        appointment to the Mayor.
                            ``(ii) In consultation with the Authority 
                        and the Council, the Mayor shall nominate an 
                        individual for appointment and notify the 
                        Council of the nomination.
                            ``(iii) After the expiration of the 7-day 
                        period which begins on the date the Mayor 
                        notifies the Council of the nomination under 
                        clause (ii), the Mayor shall notify the 
                        Authority of the nomination.
                            ``(iv) The nomination shall be effective 
                        subject to approval by a majority vote of the 
                        Authority.
            ``(2) Term.--
                    ``(A) In general.--All appointments made after June 
                30, 2007, shall be for a term of 5 years, except for 
                appointments made for the remainder of unexpired terms. 
                The appointments shall have an anniversary date of July 
                1.
                    ``(B) Transition.--For purposes of this section, 
                the individual serving as Chief Financial Officer as of 
                the date of enactment of the 2005 District of Columbia 
                Omnibus Authorization Act shall be deemed to have been 
                appointed under this subsection, except that such 
                individual's initial term of office shall begin upon 
                such date and shall end on June 30, 2007.
                    ``(C) Continuance.--Any Chief Financial Officer may 
                continue to serve beyond his term until a successor 
                takes office.
                    ``(D) Vacancies.--Any vacancy in the Office of 
                Chief Financial Officer shall be filled in the same 
                manner as the original appointment under paragraph (1).
                    ``(E) Pay.--The Chief Financial Officer shall be 
                paid at an annual rate equal to the rate of basic pay 
                payable for level I of the Executive Schedule.
    ``(c) Removal of the Chief Financial Officer.--
            ``(1) In general.--The Chief Financial Officer may only be 
        removed for cause by the Mayor, subject to the approval of the 
        Council by a resolution approved by not fewer than \2/3\ of the 
        members of the Council. After approval of the resolution by the 
        Council, notice of the removal shall be submitted to the 
        Committees on Appropriations of the House of Representatives 
        and Senate, the Committee on Government Reform of the House of 
        Representatives, and the Committee on Homeland Security and 
        Governmental Affairs of the Senate for a 30-day period of 
        review and comment before the removal takes effect.
            ``(2) Special rule for control years.--During a control 
        year, the Chief Financial Officer may be removed for cause by 
        the Authority or by the Mayor with the approval of the 
        Authority.
    ``(d) Duties of the Chief Financial Officer.--Notwithstanding any 
provisions of this Act which grant authority to other entities of the 
District government, the Chief Financial Officer shall have the 
following duties and shall take such steps as are necessary to perform 
these duties:
            ``(1) During a control year, preparing the financial plan 
        and the budget for the use of the Mayor for purposes of 
        subtitle A of title II of the District of Columbia Financial 
        Responsibility and Management Assistance Act of 1995.
            ``(2) Preparing the budgets of the District of Columbia for 
        the year for the use of the Mayor for purposes of part D and 
        preparing the 5-year financial plan based upon the adopted 
        budget for submission with the District of Columbia budget by 
        the Mayor to Congress.
            ``(3) During a control year, assuring that all financial 
        information presented by the Mayor is presented in a manner, 
        and is otherwise consistent with, the requirements of the 
        District of Columbia Financial Responsibility and Management 
        Assistance Act of 1995.
            ``(4) Implementing appropriate procedures and instituting 
        such programs, systems, and personnel policies within the Chief 
        Financial Officer's authority, to ensure that budget, 
        accounting, and personnel control systems and structures are 
        synchronized for budgeting and control purposes on a continuing 
        basis and to ensure that appropriations are not exceeded.
            ``(5) Preparing and submitting to the Mayor and the 
        Council, with the approval of the Authority during a control 
        year, and making public--
                    ``(A) annual estimates of all revenues of the 
                District of Columbia (without regard to the source of 
                such revenues), including proposed revenues, which 
                shall be binding on the Mayor and the Council for 
                purposes of preparing and submitting the budget of the 
                District government for the year under part D of this 
                title, except that the Mayor and the Council may 
                prepare the budget based on estimates of revenues which 
                are lower than those prepared by the Chief Financial 
                Officer; and
                    ``(B) quarterly re-estimates of the revenues of the 
                District of Columbia during the year.
            ``(6) Supervising and assuming responsibility for financial 
        transactions to ensure adequate control of revenues and 
        resources.
            ``(7) Maintaining systems of accounting and internal 
        control designed to provide--
                    ``(A) full disclosure of the financial impact of 
                the activities of the District government;
                    ``(B) adequate financial information needed by the 
                District government for management purposes;
                    ``(C) effective control over, and accountability 
                for, all funds, property, and other assets of the 
                District of Columbia; and
                    ``(D) reliable accounting results to serve as the 
                basis for preparing and supporting agency budget 
                requests and controlling the execution of the budget.
            ``(8) Submitting to the Council a financial statement of 
        the District government, containing such details and at such 
        times as the Council may specify.
            ``(9) Supervising and assuming responsibility for the 
        assessment of all property subject to assessment and special 
        assessments within the corporate limits of the District of 
        Columbia for taxation, preparing tax maps, and providing such 
        notice of taxes and special assessments (as may be required by 
        law).
            ``(10) Supervising and assuming responsibility for the 
        levying and collection of all taxes, special assessments, 
        licensing fees, and other revenues of the District of Columbia 
        (as may be required by law), and receiving all amounts paid to 
        the District of Columbia from any source (including the 
        Authority).
            ``(11) Maintaining custody of all public funds belonging to 
        or under the control of the District government (or any 
        department or agency of the District government), and 
        depositing all amounts paid in such depositories and under such 
        terms and conditions as may be designated by the Council (or by 
        the Authority during a control year).
            ``(12) Maintaining custody of all investment and invested 
        funds of the District government or in possession of the 
        District government in a fiduciary capacity, and maintaining 
        the safekeeping of all bonds and notes of the District 
        government and the receipt and delivery of District government 
        bonds and notes for transfer, registration, or exchange.
            ``(13) Apportioning the total of all appropriations and 
        funds made available during the year for obligation so as to 
        prevent obligation or expenditure in a manner which would 
        result in a deficiency or a need for supplemental 
        appropriations during the year, and (with respect to 
        appropriations and funds available for an indefinite period and 
        all authorizations to create obligations by contract in advance 
        of appropriations) apportioning the total of such 
        appropriations, funds, or authorizations in the most effective 
        and economical manner.
            ``(14) Certifying all contracts and leases (whether 
        directly or through delegation) prior to execution as to the 
        availability of funds to meet the obligations expected to be 
        incurred by the District government under such contracts and 
        leases during the year.
            ``(15) Prescribing the forms of receipts, vouchers, bills, 
        and claims to be used by all agencies, offices, and 
        instrumentalities of the District government.
            ``(16) Certifying and approving prior to payment of all 
        bills, invoices, payrolls, and other evidences of claims, 
        demands, or charges against the District government, and 
        determining the regularity, legality, and correctness of such 
        bills, invoices, payrolls, claims, demands, or charges.
            ``(17) In coordination with the Inspector General of the 
        District of Columbia, performing internal audits of accounts 
        and operations and records of the District government, 
        including the examination of any accounts or records of 
        financial transactions, giving due consideration to the 
        effectiveness of accounting systems, internal control, and 
        related administrative practices of the departments and 
        agencies of the District government.
            ``(18) Exercising responsibility for the administration and 
        supervision of the District of Columbia Treasurer.
            ``(19) Supervising and administering all borrowing programs 
        for the issuance of long-term and short-term indebtedness, as 
        well as other financing-related programs of the District 
        government.
            ``(20) Administering the cash management program of the 
        District government, including the investment of surplus funds 
        in governmental and non-governmental interest-bearing 
        securities and accounts.
            ``(21) Administering the centralized District government 
        payroll and retirement systems (other than the retirement 
        system for police officers, fire fighters, and teachers).
            ``(22) Governing the accounting policies and systems 
        applicable to the District government.
            ``(23) Preparing appropriate annual, quarterly, and monthly 
        financial reports of the accounting and financial operations of 
        the District government.
            ``(24) Not later than 120 days after the end of each fiscal 
        year, preparing the complete financial statement and report on 
        the activities of the District government for such fiscal year, 
        for the use of the Mayor under section 448(a)(4).
            ``(25) Preparing fiscal impact statements on regulations, 
        multiyear contracts, contracts over $1,000,000 and on 
        legislation, as required by section 4a of the General 
        Legislative Procedures Act of 1975.
            ``(26) Preparing under the direction of the Mayor, who has 
        the specific responsibility for formulating budget policy using 
        Chief Financial Officer technical and human resources, the 
        budget for submission by the Mayor to the Council and to the 
        public and upon final adoption to Congress and to the public.
            ``(27) Certifying all collective bargaining agreements and 
        nonunion pay proposals prior to submission to the Council for 
        approval as to the availability of funds to meet the 
        obligations expected to be incurred by the District government 
        under such collective bargaining agreements and nonunion pay 
        proposals during the year.
    ``(e) Functions of Treasurer.--At all times, the Treasurer shall 
have the following duties:
            ``(1) Assisting the Chief Financial Officer in reporting 
        revenues received by the District government, including 
        submitting annual and quarterly reports concerning the cash 
        position of the District government not later than 60 days 
        after the last day of the quarter (or year) involved. Each such 
        report shall include the following:
                    ``(A) Comparative reports of revenue and other 
                receipts by source, including tax, nontax, and Federal 
                revenues, grants and reimbursements, capital program 
                loans, and advances. Each source shall be broken down 
                into specific components.
                    ``(B) Statements of the cash flow of the District 
                government for the preceding quarter or year, including 
                receipts, disbursements, net changes in cash inclusive 
                of the beginning balance, cash and investment, and the 
                ending balance, inclusive of cash and investment. Such 
                statements shall reflect the actual, planned, better or 
                worse dollar amounts and the percentage change with 
                respect to the current quarter, year-to-date, and 
                fiscal year.
                    ``(C) Quarterly cash flow forecast for the quarter 
                or year involved, reflecting receipts, disbursements, 
                net change in cash inclusive of the beginning balance, 
                cash and investment, and the ending balance, inclusive 
                of cash and investment with respect to the actual 
                dollar amounts for the quarter or year, and projected 
                dollar amounts for each of the 3 succeeding quarters.
                    ``(D) Monthly reports reflecting a detailed summary 
                analysis of all District of Columbia government 
                investments, including--
                            ``(i) the total of long-term and short-term 
                        investments;
                            ``(ii) a detailed summary analysis of 
                        investments by type and amount, including 
                        purchases, sales (maturities), and interest;
                            ``(iii) an analysis of investment portfolio 
                        mix by type and amount, including liquidity, 
                        quality/risk of each security, and similar 
                        information;
                            ``(iv) an analysis of investment strategy, 
                        including near-term strategic plans and 
                        projects of investment activity, as well as 
                        forecasts of future investment strategies based 
                        on anticipated market conditions, and similar 
                        information; and
                            ``(v) an analysis of cash utilization, 
                        including--
                                    ``(I) comparisons of budgeted 
                                percentages of total cash to be 
                                invested with actual percentages of 
                                cash invested and the dollar amounts;
                                    ``(II) comparisons of the next 
                                return on invested cash expressed in 
                                percentages (yield) with comparable 
                                market indicators and established 
                                District of Columbia government yield 
                                objectives; and
                                    ``(III) comparisons of estimated 
                                dollar return against actual dollar 
                                yield.
                    ``(E) Monthly reports reflecting a detailed summary 
                analysis of long-term and short-term borrowings 
                inclusive of debt as authorized by section 603, in the 
                current fiscal year and the amount of debt for each 
                succeeding fiscal year not to exceed 5 years. All such 
                reports shall reflect--
                            ``(i) the amount of debt outstanding by 
                        type of instrument;
                            ``(ii) the amount of authorized and 
                        unissued debt, including availability of short-
                        term lines of credit, United States Treasury 
                        borrowings, and similar information;
                            ``(iii) a maturity schedule of the debt;
                            ``(iv) the rate of interest payable upon 
                        the debt; and
                            ``(v) the amount of debt service 
                        requirements and related debt service reserves.
            ``(2) Such other functions assigned to the Chief Financial 
        Officer under subsection (d) as the Chief Financial Officer may 
        delegate.
    ``(f) Definitions.--For purposes of this section (and sections 424a 
and 424b)--
            ``(1) the term `Authority' means the District of Columbia 
        Financial Responsibility and Management Assistance Authority 
        established under section 101(a) of the District of Columbia 
        Financial Responsibility and Management Assistance Act of 1995;
            ``(2) the term `control year' has the meaning given such 
        term under section 305(4) of such Act; and
            ``(3) the term `District government' has the meaning given 
        such term under section 305(5) of such Act.''.
    (b) Clarification of Duties of Chief Financial Officer and Mayor.--
            (1) Relation to financial duties of mayor.--Section 448(a) 
        of such Act (section 1-204.48(a), D.C. Official Code) is 
        amended by striking ``section 603,''and inserting ``section 603 
        and except to the extent provided under section 424(d),''.
            (2) Relation to mayor's duties regarding accounting 
        supervision and control.--Section 449 of such Act (section 1-
        204.49, D.C. Official Code) is amended by striking ``The 
        Mayor'' and inserting ``Except to the extent provided under 
        section 424(d), the Mayor''.

SEC. 202. PERSONNEL AUTHORITY.

    (a) Providing Independent Personnel Authority.--
            (1) In general.--Part B of title IV of the District of 
        Columbia Home Rule Act is amended by adding at the end the 
        following new section:

  ``authority of chief financial officer over personnel of office and 
                       other financial personnel

    ``Sec. 424.  (a) In General.--Notwithstanding any provision of law 
or regulation (including any law or regulation providing for collective 
bargaining or the enforcement of any collective bargaining agreement), 
employees of the Office of the Chief Financial Officer of the District 
of Columbia, including personnel described in subsection (b), shall be 
appointed by, shall serve at the pleasure of, and shall act under the 
direction and control of the Chief Financial Officer of the District of 
Columbia, and shall be considered at-will employees not covered by the 
District of Columbia Merit Personnel Act of 1978, except that nothing 
in this section may be construed to prohibit the Chief Financial 
Officer from entering into a collective bargaining agreement governing 
such employees and personnel or to prohibit the enforcement of such an 
agreement as entered into by the Chief Financial Officer.
    ``(b) Personnel.--The personnel described in this subsection are as 
follows:
            ``(1) The General Counsel to the Chief Financial Officer 
        and all other attorneys in the Office of the General Counsel 
        within the Office of the Chief Financial Officer of the 
        District of Columbia, together with all other personnel of the 
        Office.
            ``(2) All other individuals hired or retained as attorneys 
        by the Chief Financial Officer or any office under the 
        personnel authority of the Chief Financial Officer, each of 
        whom shall act under the direction and control of the General 
        Counsel to the Chief Financial Officer.
            ``(3) The heads and all personnel of the subordinate 
        offices of the Office (as described in section 424(a)(2) and 
        established as subordinate offices in section 424(a)(3)) and 
        the Chief Financial Officers, Agency Fiscal Officers, and 
        Associate Chief Financial Officers of all District of Columbia 
        executive branch subordinate and independent agencies (in 
        accordance with subsection (c)), together with all other 
        District of Columbia accounting, budget, and financial 
        management personnel (including personnel of executive branch 
        independent agencies, but not including personnel of the 
        legislative or judicial branches of the District government).
    ``(c) Appointment of Certain Executive Branch Agency Chief 
Financial Officers.--
            ``(1) In general.--The Chief Financial Officers and 
        Associate Chief Financial Officers of all District of Columbia 
        executive branch subordinate and independent agencies (other 
        than those of a subordinate office of the Office) shall be 
        appointed by the Chief Financial Officer, in consultation with 
        the agency head, where applicable. The appointment shall be 
        made from a list of qualified candidates developed by the Chief 
        Financial Officer.
            ``(2) Transition.--Any executive branch agency Chief 
        Financial Officer appointed prior to the date of enactment of 
        the 2005 District of Columbia Omnibus Authorization Act may 
        continue to serve in that capacity without reappointment.
    ``(d) Independent Authority Over Legal Personnel.--Title VIII-B of 
the District of Columbia Government Comprehensive Merit Personnel Act 
of 1978 (sec. 1-608.51 et seq., D.C. Official Code) shall not apply to 
the Office of the Chief Financial Officer or to attorneys employed by 
the Office.''
            (2) Clerical amendment.--The table of contents of part B of 
        title IV of the District of Columbia Home Rule Act is amended 
        by adding at the end the following new item:

``Sec. 424a. Authority of Chief Financial Officer over personnel of 
                            Office and other financial personnel.''.
    (b) Conforming Amendment.--Section 862 of the District of Columbia 
Government Comprehensive Merit Personnel Act of 1978 (D.C. Law 2-260; 
D.C. Official Code Sec. 1-608.62) is amended by striking paragraph (2).

SEC. 203. PROCUREMENT AUTHORITY.

    (a) Providing Independent Authority to Procure Goods and 
Services.--
            (1) In general.--Part B of title IV of the District of 
        Columbia Home Rule Act, as amended by section 203(a)(1), is 
        further amended by adding at the end the following new section:

         ``procurement authority of the chief financial officer

    ``Sec. 424b. The Chief Financial Officer shall carry out 
procurement of goods and services for the Office of the Chief Financial 
Officer through a procurement office or division which shall operate 
independently of, and shall not be governed by, the Office of 
Contracting and Procurement established under the District of Columbia 
Procurement Practices Act of 1986 or any successor office, except the 
provisions applicable under such Act to procurement carried out by the 
Chief Procurement Officer established by section 105 of such Act or any 
successor office shall apply with respect to the procurement carried 
out by the Chief Financial Officer's procurement office or division.''.
            (2) Clerical amendment.--The table of contents of part B of 
        title IV of the District of Columbia Home Rule Act, as amended 
        by section 203(a)(2), is further amended by adding at the end 
        following new item:

``Sec. 424b. Procurement authority of the Chief Financial Officer.''.
    (b) Conforming Amendments.--
            (1) Procurement practices act.--Section 104 of the District 
        of Columbia Procurement Practices Act of 1985 (sec. 2-301.04, 
        D.C. Official Code) is amended--
                    (A) in subsection (a), by striking ``, and the 
                District of Columbia Financial Responsibility and 
                Management Assistance Authority'' and inserting the 
                following: ``the District of Columbia Financial 
                Responsibility and Management Assistance Authority, and 
                (to the extent described in section 424b of the 
                District of Columbia Home Rule Act) the Office of the 
                Chief Financial Officer of the District of Columbia''; 
                and
                    (B) in subsection (c), by striking the second and 
                third sentences.
            (2) Other conforming amendment.--Section 132 of the 
        District of Columbia Appropriations Act, 2006 (Public Law 109-
        115) is hereby repealed.
    (c) Effective Date.--This section and the amendments made by this 
section shall take effect 6 months after the date of enactment of this 
Act.

SEC. 204. FISCAL IMPACT STATEMENTS.

    The General Legislative Procedures Act of 1975 (sec. 1-301.45 et 
seq., D.C. Official Code) is amended by adding at the end the following 
new section:

                       ``fiscal impact statements

    ``Sec. 4.  (a) Bills and Resolutions.--
            ``(1) In general.--Notwithstanding any other law, except as 
        provided in subsection (c), all permanent bills and resolutions 
        shall be accompanied by a fiscal impact statement before final 
        adoption by the Council.
            ``(2) Contents.--The fiscal impact statement shall include 
        the estimate of the costs which will be incurred by the 
        District as a result of the enactment of the measure in the 
        current and each of the first four fiscal years for which the 
        act or resolution is in effect, together with a statement of 
        the basis for such estimate.
    ``(b) Appropriations.--Permanent and emergency acts which are 
accompanied by fiscal impact statements which reflect unbudgeted costs, 
shall be subject to appropriations prior to becoming effective.
    ``(c) Applicability.--Subsection (a) shall not apply to emergency 
declaration, ceremonial, confirmation, and sense of the Council 
resolutions.''.

 TITLE III--AUTHORIZATION OF CERTAIN GENERAL APPROPRIATIONS PROVISIONS

SEC. 301. ACCEPTANCE OF GIFTS BY COURT SERVICES AND OFFENDER 
              SUPERVISION AGENCY.

    (a) Authority To Accept Gifts.--Section 11233(b) of the National 
Capital Revitalization and Self-Government Improvement Act of 1997 
(sec. 24-133(b), D.C. Official Code) is amended by adding at the end 
the following new paragraphs:
            ``(3) Acceptance of gifts.--
                    ``(A) Authority to accept gifts.--During fiscal 
                years 2006 through 2008, the Director may accept and 
                use gifts in the form of--
                            ``(i) in-kind contributions of space and 
                        hospitality to support offender and defendant 
                        programs; and
                            ``(ii) equipment and vocational training 
                        services to educate and train offenders and 
                        defendants.
                    ``(B) Records.--The Director shall keep accurate 
                and detailed records of the acceptance and use of any 
                gifts under subparagraph (A), and shall make such 
                records available for audit and public inspection.
            ``(4) Reimbursement from district government.--During 
        fiscal years 2006 through 2008, the Director may accept and use 
        reimbursement from the District government for space and 
        services provided, on a cost reimbursable basis.''.
    (b) Authority of Public Defender Service To Charge Fees for Event 
Materials.--Section 307 of the District of Columbia Court Reform and 
Criminal Procedure Act of 1970 (sec. 2-1607, D.C. Official Code) is 
amended by adding at the end the following new subsection:
    ``(d) During fiscal years 2006 through 2008, the Service may charge 
fees to cover the costs of materials distributed to attendees of 
educational events, including conferences, sponsored by the Service. 
Notwithstanding section 3302 of title 31, United States Code, any 
amounts received as fees under this subsection shall be credited to the 
Service and available for use without further appropriation.''.

SEC. 302. EVALUATION PROCESS FOR PUBLIC SCHOOL EMPLOYEES.

    Title XVII of the District of Columbia Merit Personnel Act of 1978 
(sec. 1-617.01 et seq., D.C. Official Code) is amended by adding at the 
end the following new section:

``SEC. 1718. EVALUATION PROCESS FOR PUBLIC SCHOOL EMPLOYEES.

    ``Notwithstanding any other provision of law, rule, or regulation, 
during fiscal year 2006 and each succeeding fiscal year the evaluation 
process and instruments for evaluating District of Columbia Public 
Schools employees shall be a non-negotiable item for collective 
bargaining purposes.''.

SEC. 303. CLARIFICATION OF APPLICATION OF PAY PROVISIONS OF MERIT 
              PERSONNEL SYSTEM TO ALL DISTRICT EMPLOYEES.

    (a) District of Columbia Home Rule Act.--The fourth sentence of 
section 422(3) of the District of Columbia Home Rule Act (sec. 1-
204.42(3), D.C. Official Code) is amended by striking ``The system may 
provide'' and inserting the following: ``The system shall apply with 
respect to the compensation of employees of the District government 
during fiscal year 2006 and each succeeding fiscal year, except that 
the system may provide''.
    (b) Title 5, United States Code.--Section 5102 of title 5, United 
States Code, is amended by adding at the end the following new 
subsection:
    ``(e) Except as may be specifically provided, this chapter does not 
apply for pay purposes to any employee of the government of the 
District of Columbia during fiscal year 2006 or any succeeding fiscal 
year.''.

SEC. 304. CRITERIA FOR RENEWING OR EXTENDING SOLE SOURCE CONTRACTS.

    Section 305 of the District of Columbia Procurement Practices Act 
of 1985 (sec. 2-303.05, D.C. Official Code) is amended by adding at the 
end the following new subsection:
    ``(b) During fiscal years 2006 through 2008, a procurement contract 
awarded through noncompetitive negotiations in accordance with 
subsection (a) may be renewed or extended only if the Chief Financial 
Officer of the District of Columbia reviews the contract and certifies 
that the contract was renewed or extended in accordance with duly 
promulgated rules and procedures.''.

SEC. 305. ACCEPTANCE OF GRANT AMOUNTS NOT INCLUDED IN ANNUAL BUDGET.

    (a) Authority To Accept, Obligate, and Expend Amounts.--Subpart 1 
of part D of title IV of the District of Columbia Home Rule Act (sec. 
1-204.41 et seq., D.C. Official Code), as amended by section 101(a), is 
amended by inserting after section 446A the following new section:

      ``acceptance of grant amounts not included in annual budget

    ``Sec. 446B.  (a) Authority To Accept, Obligate, and Expend 
Amounts.--Notwithstanding the fourth sentence of section 446, the 
Mayor, in consultation with the Chief Financial Officer of the District 
of Columbia may accept, obligate, and expend Federal, private, and 
other grants received by the District government that are not reflected 
in the budget approved by Act of Congress as provided in such section.
    ``(b) Conditions.--
            ``(1) Role of chief financial officer; approval by 
        council.--No Federal, private, or other grant may be accepted, 
        obligated, or expended pursuant to subsection (a) until--
                    ``(A) the Chief Financial Officer submits to the 
                Council a report setting forth detailed information 
                regarding such grant; and
                    ``(B) the Council has reviewed and approved the 
                acceptance, obligation, and expenditure of such grant.
            ``(2) Deemed approval by council.--For purposes of 
        paragraph (1)(B), the Council shall be deemed to have reviewed 
        and approved the acceptance, obligation, and expenditure of a 
        grant if--
                    ``(A) no written notice of disapproval is filed 
                with the Secretary of the Council within 14 calendar 
                days of the receipt of the report from the Chief 
                Financial Officer under paragraph (1)(A); or
                    ``(B) if such a notice of disapproval is filed 
                within such deadline, the Council does not by 
                resolution disapprove the acceptance, obligation, or 
                expenditure of the grant within 30 calendar days of the 
                initial receipt of the report from the Chief Financial 
                Officer under paragraph (1)(A).
    ``(c) No Obligation or Expenditure Permitted in Anticipation of 
Receipt or Approval.--No amount may be obligated or expended from the 
general fund or other funds of the District of Columbia government in 
anticipation of the approval or receipt of a grant under subsection 
(b)(2) or in anticipation of the approval or receipt of a Federal, 
private, or other grant not subject to such subsection.
    ``(d) Adjustments to Annual Budget.--The Chief Financial Officer 
may adjust the budget for Federal, private, and other grants received 
by the District government reflected in the amounts provided in the 
budget approved by Act of Congress under section 446, or approved and 
received under subsection (b)(2) to reflect a change in the actual 
amount of the grant.
    ``(e) Reports.--The Chief Financial Officer shall prepare a 
quarterly report setting forth detailed information regarding all 
Federal, private, and other grants subject to this section. Each such 
report shall be submitted to the Council and to the Committees on 
Appropriations of the House of Representatives and Senate not later 
than 15 days after the end of the quarter covered by the report.
    ``(f) Effective Date.--This section shall apply with respect to 
fiscal years 2006 through 2008.''.
    (b) Conforming Amendment.--The fourth sentence of section 446 of 
such Act (sec. 1-204.46, D.C. Official Code), as amended by section 
101(b), is amended by inserting ``section 446B,'' after ``section 
446A,''.
    (c) Clerical Amendment.--The table of contents of such Act, as 
amended by section 101(c), is amended by inserting after the item 
relating to section 446A the following new item:

``Sec. 446B. Acceptance of grant amounts not included in annual 
                            budget.''.

SEC. 306. STANDARDS FOR ANNUAL INDEPENDENT AUDIT.

    Section 448 of the District of Columbia Home Rule Act (sec. 1-
204.48, D.C. Official Code) is amended--
            (1) in subsection (a)(4), by striking the semicolon at the 
        end and inserting the following: ``, as audited by the 
        Inspector General of the District of Columbia in accordance 
        with subsection (c) in the case of fiscal years 2006 through 
        2008;''; and
            (2) by adding at the end the following new subsection:
    ``(c) The financial statement and report for a fiscal year prepared 
and submitted for purposes of subsection (a)(4) shall be audited by the 
Inspector General of the District of Columbia (in coordination with the 
Chief Financial Officer of the District of Columbia) pursuant to 
section 208(a)(4) of the District of Columbia Procurement Practices Act 
of 1985, and shall include as a basic financial statement a comparison 
of audited actual year-end results with the revenues submitted in the 
budget document for such year and the appropriations enacted into law 
for such year using the format, terminology, and classifications 
contained in the law making the appropriations for the year and its 
legislative history.''.

SEC. 307. USE OF FINES IMPOSED FOR VIOLATION OF TRAFFIC ALCOHOL LAWS 
              FOR ENFORCEMENT AND PROSECUTION OF LAWS.

    Section 10(b)(3) of the District of Columbia Traffic Act, 1925 
(sec. 50-2201.05(b)(3), D.C. Official Code) is amended to read as 
follows:
    ``(3) Notwithstanding any other provision of law, all fines imposed 
and collected pursuant to this subsection during fiscal year 2006 and 
each succeeding fiscal year shall be transferred to the General Fund of 
the District of Columbia, shall be used by the District of Columbia 
exclusively for the enforcement and prosecution of the District traffic 
alcohol laws, and shall remain available until expended.''.

SEC. 308. CERTIFICATIONS FOR ATTORNEYS IN CASES BROUGHT UNDER 
              INDIVIDUALS WITH DISABILITIES EDUCATION ACT.

    (a) Responsibilities of Chief Financial Officer.--Section 424(d) of 
the District of Columbia Home Rule Act (sec. 1-204.24(d), D.C. Official 
Code), as amended by section 201(a), is amended by adding at the end 
the following new paragraph:
            ``(28) With respect to attorneys in special education cases 
        brought under the Individuals with Disabilities Education Act 
        in the District of Columbia during fiscal year 2006 and each 
        succeeding fiscal year--
                    ``(A) requiring such attorneys to certify in 
                writing that the attorney or representative of the 
                attorney rendered any and all services for which the 
                attorney received an award in such a case, including 
                those received under a settlement agreement or as part 
                of an administrative proceeding, from the District of 
                Columbia;
                    ``(B) requiring such attorneys, as part of the 
                certification under subparagraph (A), to disclose any 
                financial, corporate, legal, membership on boards of 
                directors, or other relationships with any special 
                education diagnostic services, schools, or other 
                special education service providers to which the 
                attorneys have referred any clients in any such cases; 
                and
                    ``(C) preparing and submitting quarterly reports to 
                the Committees on Appropriations of the House of 
                Representatives and Senate on the certification of and 
                the amount paid by the government of the District of 
                Columbia, including the District of Columbia Public 
                Schools, to such attorneys.''.
    (b) Investigations by Inspector General.--Section 208(a)(3) of the 
District of Columbia Procurement Practices Act of 1985 (sec. 2-
302.08(a)(3), D.C. Official Code) is amended by adding at the end the 
following new subparagraph:
    ``(J) During fiscal year 2006 and each succeeding fiscal year, 
conduct investigations to determine the accuracy of certifications made 
to the Chief Financial Officer of the District of Columbia under 
section 424(d)(28) of the District of Columbia Home Rule Act of 
attorneys in special education cases brought under the Individuals with 
Disabilities Education Act in the District of Columbia.''.
                                                       Calendar No. 534

109th CONGRESS

  2d Session

                               H. R. 3508

_______________________________________________________________________

                                 AN ACT

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

_______________________________________________________________________

                             July 25, 2006

                       Reported with an amendment
```