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

                                                 Union Calendar No. 146
109th CONGRESS
  1st Session
                                H. R. 3508

                          [Report No. 109-267]

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

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             July 28, 2005

 Mr. Tom Davis of Virginia (for himself and Ms. Norton) introduced the 
   following bill; which was referred to the Committee on Government 
                                 Reform

                            November 3, 2005

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
 [For text of introduced bill, see copy of bill as introduced on July 
                               28, 2005]

_______________________________________________________________________

                                 A BILL

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

    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. Authority of Mayor of District of Columbia to appoint members 
                            of Public Charter School Board.
Sec. 104. Permitting General Services Administration to obtain space 
                            and services on behalf of District of 
                            Columbia Public Defender Service.
Sec. 105. Authority to enter into Interstate Insurance Product 
                            Regulation Compact.

                Subtitle B--District of Columbia Courts

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

         Subtitle C--Other Miscellaneous Technical Corrections

Sec. 121. 2004 District of Columbia Omnibus Authorization Act.
Sec. 122. District of Columbia Appropriations Act, 2005.
Sec. 123. Technical and conforming amendments relating to banks 
                            operating under the Code of Law for the 
                            District of Columbia.

         TITLE II--INDEPENDENCE OF THE CHIEF FINANCIAL OFFICER

Sec. 201. Promoting Independence of Chief Financial Officer.
Sec. 202. Personnel authority.
Sec. 203. Procurement authority.
Sec. 204. Fiscal impact statements.

 TITLE III--AUTHORIZATION OF CERTAIN GENERAL APPROPRIATIONS PROVISIONS

Sec. 301. Acceptance of gifts by Court Services and Offender 
                            Supervision Agency.
Sec. 302. Evaluation process for public school employees.
Sec. 303. Clarification of application of pay provisions of Merit 
                            Personnel System to all District employees.
Sec. 304. Criteria for renewing or extending sole source contracts.
Sec. 305. Acceptance of grant amounts not included in annual budget.
Sec. 306. Standards for annual independent audit.
Sec. 307. Use of fines imposed for violation of traffic alcohol laws 
                            for enforcement and prosecution of laws.
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 year 2006 and each succeeding fiscal year.''.
    (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.--The District 
                of Columbia'' 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.--The District 
                of Columbia'' 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. AUTHORITY OF MAYOR OF DISTRICT OF COLUMBIA TO APPOINT MEMBERS 
              OF PUBLIC CHARTER SCHOOL BOARD.

    (a) Appointment of Members.--Section 2214(a)(2) of the District of 
Columbia School Reform Act of 1995 (sec. 38-1802.14(a)(2), D.C. 
Official Code) is amended by striking ``The Secretary of Education'' 
and all that follows through ``represented on the Board:'' and 
inserting the following: ``The Board shall consist of 7 individuals 
appointed by the Mayor in consultation with the District of Columbia 
Council who are determined by the Mayor to be qualified to serve on the 
Board, so that a knowledge of each of the following areas is 
represented:''.
    (b) Filling of Vacancies.--Section 2214(a)(3) of such Act (sec. 38-
1802.14(a)(3), D.C. Official Code) is amended to read as follows:
            ``(3) Vacancies.--When a vacancy occurs in the membership 
        of the Board for reasons other than the expiration of the term 
        of a member, the Mayor, in consultation with the District of 
        Columbia Council, shall appoint an individual to fill the 
        vacancy taking into consideration the criteria described in 
        paragraph (2). Any individual appointed to fill a vacancy 
        occurring prior to the expiration of the term of a predecessor 
        shall be appointed only for the remainder of that term.''.
    (c) Conforming Amendment.--Section 2214(a) of such Act (sec. 38-
1802.14(a), D.C. Official Code) is amended--
            (1) by striking paragraph (4); and
            (2) by redesignating paragraphs (5) and (6) as paragraphs 
        (4) and (5).
    (d) Effective Date.--The amendments made by this section shall 
apply with respect to appointments made to the Public Charter School 
Board of the District of Columbia after the date of the enactment of 
this Act.

SEC. 104. 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. 105. 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.

                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 
        Official 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)''; and
            (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)''.
    (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.
    ``The court may hold special sessions at any place 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 unavailable, the most 
senior available active judge of the court) or the Joint Committee on 
Judicial Administration of 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.''.
            (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.
    ``The Superior Court may hold special sessions at any place 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 
unavailable, the most senior available active judge of the Superior 
Court) or the Joint Committee on Judicial Administration of 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 Superior 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, including 
business requiring the summoning of jurors from within the District of 
Columbia to the location outside the District of Columbia at which the 
special session is held.''.
            (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).''.

SEC. 116. TECHNICAL CORRECTIONS RELATING TO COURTS.

    (a) Corrections Relating to District of Columbia Appropriations 
Act, 2005.--
            (1) 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:
`Sec. 11-1704. Oath of Executive Officer.
    `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;'.''.
            (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 11-1728 to read as 
        follows:

``11-1728. Recruitment and training of personnel and travel.''.
            (3) Effective date.--The amendments made by this subsection 
        shall take effect as if included in the enactment of the 
        District of Columbia Appropriations Act, 2005.
    (b) Corrections Relating to District of Columbia Appropriations 
Act, 2002.--
            (1) In general.--Section 16-2326.01(g)(4), District of 
        Columbia Official Code, is amended by striking ``11-2605(c)'' 
        and inserting ``11-2605(d)''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall take effect as if included in the enactment of the 
        District of Columbia Appropriations Act, 2002.

         Subtitle C--Other Miscellaneous Technical Corrections

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

    (a) In General.--The first sentence of section 446 of the District 
of Columbia Home Rule Act (sec. 1-204.46, 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''.

         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. 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.
    ``(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 1985 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 Amendment.--Section 104 of the District of Columbia 
Procurement Practices Act of 1985 (sec. 2-301.04, D.C. Official Code) 
is amended--
            (1) in subsection (a), by striking ``and District of 
        Columbia Advisory Neighborhood Commissions'' and inserting the 
        following: ``District of Columbia Advisory Neighborhood 
        Commissions, 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
            (2) in subsection (c), by striking the second and third 
        sentences.
    (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. 4a.  (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 year 2006 and each succeeding fiscal year.''.
    (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. 146

109th CONGRESS

  1st Session

                               H. R. 3508

                          [Report No. 109-267]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                            November 3, 2005

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
```