`[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3508 Enrolled Bill (ENR)]


        H.R.3508

                       One Hundred Ninth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
             the third day of January, two thousand and six


                                 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,

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.''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.`