II 

Calendar No. 534 

109TH CONGRESS 

2D SESSION H.R. 3508 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 15, 2005 

Received 

JANUARY 27, 2006 

Read twice and referred to the Committee on Homeland Security and 

Governmental Affairs 

JULY 25, 2006 

Reported by Ms. COLLINS, with an amendment 

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

AN ACT 

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

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘2005 District of Columbia Omnibus Authorization Act’’. 

6 (b) TABLE OF CONTENTS.—The table of contents of 

7 this Act is as follows: 


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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. 

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. 


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1 TITLE I—GOVERNANCE OF 

2 DISTRICT OF COLUMBIA 

3 Subtitle A—General District of 

4 Columbia Governance 

5 SEC. 101. BUDGET FLEXIBILITY. 

6 (a) PERMITTING INCREASE IN AMOUNT APPRO7 PRIATED AS LOCAL FUNDS DURING A FISCAL YEAR.— 

8 Subpart 1 of part D of title IV of the District of Columbia 

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

10 is amended by inserting after section 446 the following 

11 new section: 

12 ‘‘PERMITTING INCREASE IN AMOUNT APPROPRIATED AS

13 LOCAL FUNDS DURING A FISCAL YEAR

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

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

19 be increased— 

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

21 25 percent, in the case of amounts allocated under 

22 the budget as ‘Other-Type Funds’; and 

23 ‘‘(2) by an aggregate amount of not more than 

24 6 percent, in the case of any other amounts allo25 cated under the budget. 


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1 ‘‘(b) CONDITIONS.—The District of Columbia may 

2 obligate and expend any increase in the amount of funds 

3 authorized under this section only in accordance with the 

4 following conditions: 

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

6 of Columbia shall certify— 

7 ‘‘(A) the increase in revenue; and 

8 ‘‘(B) that the use of the amounts is not 

9 anticipated to have a negative impact on the 

10 long-term financial, fiscal, or economic health of 

11 the District. 

12 ‘‘(2) The amounts shall be obligated and ex13 pended in accordance with laws enacted by the 

14 Council of the District of Columbia in support of 

15 each such obligation and expenditure, consistent 

16 with any other requirements under law. 

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

18 agencies of the District government operating under 

19 court-ordered receivership. 

20 ‘‘(4) The amounts may not be obligated or ex21 pended unless the Mayor has notified the Commit22 tees on Appropriations of the House of Representa23 tives and Senate, the Committee on Government Re24 form of the House of Representatives, and the Com25 mittee on Homeland Security and Governmental AfVerDate Aug 31 2005 02:33 Jul 26, 2006 Jkt 049200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6401 E:\BILLS\H3508.RS H3508

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1 fairs of the Senate not fewer than 30 days in ad2 vance of the obligation or expenditure. 

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

4 with respect to fiscal years 2006 through 2007.’’. 

5 (b) CONFORMING AMENDMENT.—The fourth sen6 tence of section 446 of such Act (sec. 1–204.46, D.C. Offi7 cial Code) is amended by inserting ‘‘section 446A,’’ after 

8 ‘‘section 445A(b),’’. 

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

10 of such Act is amended by inserting after the item relating 

11 to section 446 the following new item: 

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

a fiscal year.’’. 

12 SEC. 102. ADDITIONAL AUTHORITY TO ALLOCATE AMOUNTS 

13 IN RESERVE FUNDS. 

14 (a) IN GENERAL.—Section 450A of the District of 

15 Columbia Home Rule Act (sec. 1–204.50A, D.C. Official 

16 Code) is amended— 

17 (1) by redesignating subsection (c) as sub18 section (d); and 

19 (2) by inserting after subsection (b) the fol20 lowing new subsection: 

21 ‘‘(c) ADDITIONAL AUTHORITY TO ALLOCATE

22 AMOUNTS.— 

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

24 provision of this section, in addition to the authority 


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1 provided under this section to allocate and use 

2 amounts from the emergency reserve fund under 

3 subsection (a) and the contingency reserve fund 

4 under subsection (b), the District of Columbia may 

5 allocate amounts from such funds during a fiscal 

6 year and use such amounts for cash flow manage7 ment purposes. 

8 ‘‘(2) LIMITS ON AMOUNT ALLOCATED.— 

9 ‘‘(A) AMOUNT OF INDIVIDUAL ALLOCA10 TION.—The amount of an allocation made from 

11 the emergency reserve fund or the contingency 

12 reserve fund pursuant to the authority of this 

13 subsection may not exceed 50 percent of the 

14 balance of the fund involved at the time the al15 location is made. 

16 ‘‘(B) AGGREGATE AMOUNT ALLOCATED.— 

17 The aggregate amount allocated from the emer18 gency reserve fund or the contingency reserve 

19 fund pursuant to the authority of this sub20 section during a fiscal year may not exceed 50 

21 percent of the balance of the fund involved as 

22 of the first day of such fiscal year. 

23 ‘‘(3) REPLENISHMENT.—If the District of Co24 lumbia allocates any amounts from a reserve fund 

25 pursuant to the authority of this subsection during 


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1 a fiscal year, the District shall fully replenish the 

2 fund for the amounts allocated not later than the 

3 earlier of— 

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

5 which begins on the date the allocation is made; 

6 or 

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

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

9 apply with respect to fiscal years 2006 through 

10 2007.’’. 

11 (b) SPECIAL RULE FOR TIMING OF REPLENISHMENT

12 AFTER SUBSEQUENT ALLOCATION.— 

13 (1) EMERGENCY RESERVE FUND.—Section 

14 450A(a)(7) of such Act (sec. 1–204.50A(a)(7), D.C. 

15 Official Code) is amended— 

16 (A) by striking ‘‘(7) REPLENISHMENT.— 

17 The District of Columbia’’ and inserting the fol18 lowing: 

19 ‘‘(7) REPLENISHMENT.— 

20 ‘‘(A) IN GENERAL.—The District of Co21 lumbia’’; and 

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

23 subparagraph: 


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1 ‘‘(B) SPECIAL RULE FOR REPLENISHMENT

2 AFTER ALLOCATION FOR CASH FLOW MANAGE3 MENT.— 

4 ‘‘(i) IN GENERAL.—If the District al5 locates amounts from the emergency re6 serve fund during a fiscal year for cash 

7 flow management purposes pursuant to the 

8 authority of subsection (c) and at any time 

9 afterwards during the year makes a subse10 quent allocation from the fund for pur11 poses of this subsection, and if as a result 

12 of the subsequent allocation the balance of 

13 the fund is reduced to an amount which is 

14 less than 50 percent of the balance of the 

15 fund as of the first day of the fiscal year, 

16 the District shall replenish the fund by 

17 such amount as may be required to restore 

18 the balance to an amount which is equal to 

19 50 percent of the balance of the fund as of 

20 the first day of the fiscal year. 

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

22 carry out any replenishment required 

23 under clause (i) as a result of a subsequent 

24 allocation described in such clause not 

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1 riod which begins on the date of the subse2 quent allocation.’’. 

3 (2) CONTINGENCY RESERVE FUND.—Section 

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

5 Official Code) is amended— 

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

7 The District of Columbia’’ and inserting the fol8 lowing: 

9 ‘‘(6) REPLENISHMENT.— 

10 ‘‘(A) IN GENERAL.—The District of Co11 lumbia’’; and 

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

13 subparagraph: 

14 ‘‘(B) SPECIAL RULE FOR REPLENISHMENT

15 AFTER ALLOCATION FOR CASH FLOW MANAGE16 MENT.— 

17 ‘‘(i) IN GENERAL.—If the District al18 locates amounts from the contingency re19 serve fund during a fiscal year for cash 

20 flow management purposes pursuant to the 

21 authority of subsection (c) and at any time 

22 afterwards during the year makes a subse23 quent allocation from the fund for pur24 poses of this subsection, and if as a result 

25 of the subsequent allocation the balance of 


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1 the fund is reduced to an amount which is 

2 less than 50 percent of the balance of the 

3 fund as of the first day of the fiscal year, 

4 the District shall replenish the fund by 

5 such amount as may be required to restore 

6 the balance to an amount which is equal to 

7 50 percent of the balance of the fund as of 

8 the first day of the fiscal year. 

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

10 carry out any replenishment required 

11 under clause (i) as a result of a subsequent 

12 allocation described in such clause not 

13 later than the expiration of the 60-day pe14 riod which begins on the date of the subse15 quent allocation.’’. 

16 SEC. 103. PERMITTING GENERAL SERVICES ADMINISTRA17 TION TO OBTAIN SPACE AND SERVICES ON 

18 BEHALF OF DISTRICT OF COLUMBIA PUBLIC 

19 DEFENDER SERVICE. 

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

21 At the request of the Director of the District of Columbia 

22 Public Defender Service, the Administrator of General 

23 Services may furnish space and services on behalf of the 

24 Service (either directly by providing space and services in 

25 buildings owned or occupied by the Federal Government 


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1 or indirectly by entering into leases with non-Federal enti2 ties) in the same manner, and under the same terms and 

3 conditions, as the Administrator may furnish space and 

4 services on behalf of an agency of the Federal Govern5 ment. 

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

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

8 SEC. 104. AUTHORITY TO ENTER INTO INTERSTATE INSUR9 ANCE PRODUCT REGULATION COMPACT. 

10 (a) IN GENERAL.—The District of Columbia is au11 thorized to enter into an interstate compact to establish 

12 a joint state commission as an instrumentality of the Dis13 trict of Columbia for the purpose of establishing uniform 

14 insurance product regulations among the participating 

15 states. 

16 (b) DELEGATION.—Any insurance product regulation 

17 compact that the Council of the District of Columbia au18 thorizes the Mayor to execute on behalf of the District 

19 may contain provisions that delegate the requisite power 

20 and authority to the joint state commission to achieve the 

21 purposes for which the interstate compact is established. 


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1 Subtitle B—District of Columbia 

2 Courts 

3 SEC. 111. MODERNIZATION OF OFFICE OF REGISTER OF 

4 WILLS. 

5 (a) REVISION OF DUTIES.—Section 11–2104(b), Dis6 trict of Columbia Official Code, is amended to read as fol7 lows: 

8 ‘‘(b) In matters over which the Superior Court has 

9 probate jurisdiction or powers, the Register of Wills 

10 shall— 

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

12 records, of the proceedings of the court; 

13 ‘‘(2) record in electronic or other format all 

14 wills proved before the Register of Wills or the court 

15 and other matters required by law to be recorded in 

16 the court; 

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

18 court original papers filed with the Register of Wills; 

19 ‘‘(4) make out and issue every summons, proc20 ess, and order of the court; 

21 ‘‘(5) prepare and submit to the Executive Offi22 cer of the District of Columbia courts such reports 

23 as may be required; and 

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

25 direction of the court.’’. 


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1 (b) REPEAL OF PENALTIES.— 

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

3 Columbia Code, is amended— 

4 (A) in the heading, by striking ‘‘; pen5 alties’’; and 

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

7 (2) CLERICAL AMENDMENT.—The item relating 

8 to section 11–2104 in the table of sections for chap9 ter 21 of title 11, District of Columbia Official Code, 

10 is amended by striking ‘‘; penalties’’. 

11 (c) RECORD OF CLAIMS AGAINST NONRESIDENT DE12 CEDENTS.—Section 20–343(d), District of Columbia Offi13 cial Code, is amended by striking the second sentence and 

14 inserting the following: ‘‘The Register shall record all such 

15 claims and releases.’’. 

16 SEC. 112. INCREASE IN CAP ON RATES OF PAY FOR NON17 JUDICIAL EMPLOYEES. 

18 (a) IN GENERAL.—The second sentence of section 

19 11–1726(a), District of Columbia Official Code, is amend20 ed by striking ‘‘pay fixed by administrative action in sec21 tion 5373’’ and inserting ‘‘maximum pay in section 

22 5382(a)’’. 

23 (b) EFFECTIVE DATE.—The amendment made by 

24 subsection (a) shall apply with respect to pay periods be25 ginning on or after the date of the enactment of this Act. 


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1 SEC. 113. CLARIFICATION OF RATE FOR INDIVIDUALS PRO2 VIDING SERVICES TO INDIGENT DEFEND3 ANTS. 

4 (a) IN GENERAL.—Section 11–2605, District of Co5 lumbia Official Code, is amended— 

6 (1) by striking subsection (b); 

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

8 States Code,’’ the following: ‘‘(or, in the case of in9 vestigative services, a fixed rate of $25 per hour)’’; 

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

11 States Code,’’ the following: ‘‘(or, in the case of in12 vestigative services, a fixed rate of $25 per hour)’’; 

13 and 

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

15 subsections (b) and (c). 

16 (b) EFFECTIVE DATE.—The amendment made by 

17 subsection (a) shall apply with respect to services provided 

18 on or after the date of the enactment of this Act. 

19 SEC. 114. AUTHORITY OF COURTS TO CONDUCT PRO20 CEEDINGS OUTSIDE OF DISTRICT OF COLUM21 BIA DURING EMERGENCIES. 

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

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

24 title 11, District of Columbia Official Code, is 

25 amended by adding at the end the following new sec26 tion: 


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1 ‘‘§ 11–710. Emergency authority to conduct pro2 ceedings outside District of Columbia. 

3 ‘‘(a) IN GENERAL.—The court may hold special ses4 sions at any place within the United States outside the 

5 District of Columbia as the nature of the business may 

6 require and upon such notice as the court orders, upon 

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

8 chief judge is absent or disabled, the judge designated 

9 under section 11–706(a)) or the Joint Committee on Judi10 cial Administration in the District of Columbia that, be11 cause of emergency conditions, no location within the Dis12 trict of Columbia is reasonably available where such spe13 cial sessions could be held. The court may transact any 

14 business at a special session authorized pursuant to this 

15 section which it has the authority to transact at a regular 

16 session. 

17 ‘‘(b) NOTICE REQUIREMENTS.—If the Court of Ap18 peals issues an order exercising its authority under sub19 section (a), the court— 

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

21 Administration in the District of Columbia, shall 

22 send notice of such order, including the reasons for 

23 the issuance of such order, to the Committee on 

24 Homeland Security and Governmental Affairs of the 

25 Senate and the Committee on Government Reform 

26 of the House of Representatives; and 


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1 ‘‘(2) shall provide reasonable notice to the 

2 United States Marshals Service before the com3 mencement of any special session held pursuant to 

4 such order.’’. 

5 (2) CLERICAL AMENDMENT.—The table of con6 tents of chapter 7 of title 11, District of Columbia 

7 Official Code, is amended by adding at the end of 

8 the items relating to subchapter I the following: 

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

9 (b) SUPERIOR COURT OF THE DISTRICT OF COLUM10 BIA.— 

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

12 title 11, District of Columbia Official Code, is 

13 amended by adding at the end the following new sec14 tion: 

15 ‘‘§ 11–911. Emergency authority to conduct pro16 ceedings outside District of Columbia. 

17 ‘‘(a) IN GENERAL.—The Superior Court may hold 

18 special sessions at any place within the United States out19 side the District of Columbia as the nature of the business 

20 may require and upon such notice as the Superior Court 

21 orders, upon a finding by either the chief judge of the Su22 perior Court (or, if the chief judge is absent or disabled, 

23 the judge designated under section 11–907(a)) or the 

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1 trict of Columbia that, because of emergency conditions, 

2 no location within the District of Columbia is reasonably 

3 available where such special sessions could be held. 

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

5 may transact any business at a special session outside the 

6 District of Columbia authorized pursuant to this section 

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

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

9 a special session without the consent of the defendant. 

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

11 other provision of law, in any case in which special ses12 sions are conducted pursuant to this section, the Superior 

13 Court may summon jurors— 

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

15 District of Columbia or, if jurors are not readily 

16 available from the District of Columbia, the jurisdic17 tion in which it is holding the special session; and 

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

19 District of Columbia or, if jurors are not readily 

20 available from the District of Columbia and if the 

21 defendant so consents, the jurisdiction in which it is 

22 holding the special session. 

23 ‘‘(d) NOTICE REQUIREMENTS.—If the Superior 

24 Court issues an order exercising its authority under sub25 section (a), the Court— 


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

2 Administration in the District of Columbia, shall 

3 send notice of such order, including the reasons for 

4 the issuance of such order, to the Committee on 

5 Homeland Security and Governmental Affairs of the 

6 Senate and the Committee on Government Reform 

7 of the House of Representatives; and 

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

9 United States Marshals Service before the com10 mencement of any special session held pursuant to 

11 such order.’’. 

12 (2) CLERICAL AMENDMENT.—The table of con13 tents of chapter 9 of title 11, District of Columbia 

14 Official Code, is amended by adding at the end of 

15 the items relating to subchapter I the following: 

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

16 SEC. 115. AUTHORITY OF COURT SERVICES AND OFFENDER 

17 SUPERVISION AGENCY TO USE SERVICES OF 

18 VOLUNTEERS. 

19 Section 11233 of the National Capital Revitalization 

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

21 133, D.C. Official Code) is amended by adding at the end 

22 the following new subsection: 

23 ‘‘(g) AUTHORITY TO USE SERVICES OF VOLUN24 TEERS.— 


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

2 independent entity within the Agency) may accept 

3 the services of volunteers and provide for their inci4 dental expenses to carry out any activity of the 

5 Agency except policy-making. 

6 ‘‘(2) APPLICABILITY OF WORKER’S COMPENSA7 TION RULES TO VOLUNTEERS.—Any volunteer whose 

8 services are accepted pursuant to this subsection 

9 shall be considered an employee of the United States 

10 Government in providing the services for purposes of 

11 chapter 81 of title 5, United States Code (relating 

12 to compensation for work injuries).’’. 

13 SEC. 116. TECHNICAL CORRECTIONS RELATING TO 

14 COURTS. 

15 (a) IN GENERAL.—Section 329 of the District of Co16 lumbia Appropriations Act, 2005 (Public Law 108–335; 

17 118 Stat. 1345), is amended to read as follows: 

18 ‘‘SEC. 329. (a) APPROVAL OF BONDS BY JOINT COM19 MITTEE ON JUDICIAL ADMINISTRATION.—Section 11– 

20 1701(b), District of Columbia Official Code, is amended 

21 by striking paragraph (5). 

22 ‘‘(b) EXECUTIVE OFFICER.— 

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

24 of Columbia Official Code, is amended to read as 

25 follows: 


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1 ‘§ 11–1704. Oath of Executive Officer. 

2 ‘The Executive Officer shall take an oath or affirma3 tion for the faithful and impartial discharge of the duties 

4 of that office.’. 

5 ‘‘(2) CLERICAL AMENDMENT.—The table of 

6 sections for chapter 17 of title 11, District of Co7 lumbia Official Code, is amended by amending the 

8 item relating to section 11–1704 to read as follows: 

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

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

10 Columbia Official Code, is amended— 

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

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

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

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

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

16 of Columbia Official Code, is amended by striking the sec17 ond and third sentences. 

18 ‘‘(e) REGISTER OF WILLS.— 

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

20 of Columbia Official Code, is amended— 

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

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

23 bond,’ and all that follows through ‘seasonably 

24 to record’ and inserting ‘seasonably record’; and 


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1 ‘‘(C) by striking the third sentence of sub2 section (a). 

3 ‘‘(2) CLERICAL AMENDMENT.—The item relat4 ing to section 11–2102 in the table of sections for 

5 chapter 21 of title 11, District of Columbia Official 

6 Code, is amended by striking ‘bond;’.’’. 

7 (b) CLERICAL AMENDMENT.—The table of sections 

8 for chapter 17 of title 11, District of Columbia Official 

9 Code, is amended by amending the item relating to section 

10 11–1728 to read as follows: 

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

11 (c) EFFECTIVE DATE.—The amendments made by 

12 this section shall take effect as if included in the enact13 ment of the District of Columbia Appropriations Act, 

14 2005. 

15 Subtitle C—Other Miscellaneous 

16 Technical Corrections 

17 SEC. 121. 2004 DISTRICT OF COLUMBIA OMNIBUS AUTHOR18 IZATION ACT. 

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

20 446(a) of the District of Columbia Home Rule Act (sec. 

21 1–204.46(a), D.C. Official Code) is amended by striking 

22 ‘‘The Council,’’ and all that follows through ‘‘from the 

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

24 days after receipt of the budget proposal from the 

25 Mayor,’’. 


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1 (b) EFFECTIVE DATE.—The amendment made by 

2 subsection (a) shall take effect as if included in the enact3 ment of the 2004 District of Columbia Omnibus Author4 ization Act. 

5 SEC. 122. DISTRICT OF COLUMBIA APPROPRIATIONS ACT, 

6 2005. 

7 (a) IN GENERAL.—Section 450A of the District of 

8 Columbia Home Rule Act (sec. 1–204.50A, D.C. Official 

9 Code), as amended by section 332 of the District of Co10 lumbia Appropriations Act, 2005 (Public Law 108–335; 

11 118 Stat. 1346), is amended— 

12 (1) in the heading of subsection (a)(2), by 

13 striking ‘‘IN GENERAL’’ and inserting ‘‘OPERATING

14 EXPENDITURES DEFINED’’; and 

15 (2) in the heading of subsection (b)(2), by 

16 striking ‘‘IN GENERAL’’ and inserting ‘‘OPERATING

17 EXPENDITURES DEFINED’’. 

18 (b) EFFECTIVE DATE.—The amendments made by 

19 subsection (a) shall take effect as if included in the enact20 ment of the District of Columbia Appropriations Act, 

21 2005. 


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1 SEC. 123. TECHNICAL AND CONFORMING AMENDMENTS RE2 LATING TO BANKS OPERATING UNDER THE 

3 CODE OF LAW FOR THE DISTRICT OF COLUM4 BIA. 

5 (a) FEDERAL RESERVE ACT.— 

6 (1) The second undesignated paragraph of the 

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

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

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

10 bank which is operating under the Code of Law for 

11 the District of Columbia.’’. 

12 (2) The first sentence of the first undesignated 

13 paragraph of section 9 of the Federal Reserve Act 

14 (12 U.S.C. 321) is amended by striking ‘‘incor15 porated by special law of any State, or’’ and insert16 ing ‘‘incorporated by special law of any State, oper17 ating under the Code of Law for the District of Co18 lumbia, or’’. 

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

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

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

22 inserting ‘‘means any national’’; and 

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

24 company located in the District of Columbia and op25 erating under the supervision of the Comptroller of 

26 the Currency’’. 


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1 (c) DEPOSITORY INSTITUTION DEREGULATION AND

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

3 of the Depository Institution Deregulation and Monetary 

4 Control Act of 1980 is amended— 

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

6 216(1)) by striking ‘‘and closed banks in the Dis7 trict of Columbia’’; and 

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

9 216a(2)) by striking ‘‘or closed banks in the District 

10 of Columbia’’. 

11 (d) FEDERAL DEPOSIT INSURANCE ACT.—Section 

12 3(a)(2)(B) of the Federal Deposit Insurance Act (12 

13 U.S.C. 1813(a)(2)(B)) is amended by striking ‘‘(except a 

14 national bank)’’. 

15 (e) NATIONAL BANK CONSOLIDATION AND MERGER

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

17 and Merger Act (12 U.S.C. 215b(1)) is amended by strik18 ing ‘‘(except a national banking association located in the 

19 District of Columbia)’’. 

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

21 the Act entitled ‘‘An Act to provide for the conversion of 

22 national banking associations into and their merger or 

23 consolidation with State banks, and for other purposes’’ 

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


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1 amended by striking ‘‘(except a national banking associa2 tion)’’. 

3 (g) FEDERAL TRADE COMMISSION ACT.—Section 

4 18(f)(2) of the Federal Trade Commission Act (15 U.S.C. 

5 57a(f)(2)) is amended— 

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

7 operating under the code of law for the District of 

8 Columbia,’’; and 

9 (2) in subparagraph (B), by striking ‘‘and 

10 banks operating under the code of law for the Dis11 trict of Columbia’’. 

12 TITLE II—INDEPENDENCE OF 

13 THE CHIEF FINANCIAL OFFICER 

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

16 (a) IN GENERAL.—Section 424 of the District of Co17 lumbia Home Rule Act (sec. 1–204.24a et seq., D.C. Offi18 cial Code) is amended to read as follows: 

19 ‘‘CHIEF FINANCIAL OFFICER OF THE DISTRICT OF

20 COLUMBIA

21 ‘‘SEC. 424. (a) IN GENERAL.— 

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

24 of the District of Columbia an Office of the Chief 

25 Financial Officer of the District of Columbia (here26 after referred to as the ‘Office’), which shall be 


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1 headed by the Chief Financial Officer of the District 

2 of Columbia (hereafter referred to as the ‘Chief Fi3 nancial Officer’). 

4 ‘‘(2) ORGANIZATIONAL ANALYSIS.— 

5 ‘‘(A) OFFICE OF BUDGET AND PLAN6 NING.—The name of the Office of Budget and 

7 Management, established by Commissioner’s 

8 Order 69–96, issued March 7, 1969, is changed 

9 to the Office of Budget and Planning. 

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

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

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

15 ‘‘(C) OFFICE OF FINANCE AND TREAS16 URY.—The name of the Office of Treasurer, es17 tablished by Mayor’s Order 89–244, dated Oc18 tober 23, 1989, is changed to the Office of Fi19 nance and Treasury. 

20 ‘‘(D) OFFICE OF FINANCIAL OPERATIONS

21 AND SYSTEMS.—The Office of the Controller, 

22 established by Mayor’s Order 89–243, dated 

23 October 23, 1989, and the Office of Financial 

24 Information Services, established by Mayor’s 

25 Order 89–244, dated October 23, 1989, are 


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1 consolidated into the Office of Financial Oper2 ations and Systems. 

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

7 within the Office: 

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

9 headed by the Deputy Chief Financial Officer 

10 for the Office of Budget and Planning. 

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

12 headed by the Deputy Chief Financial Officer 

13 for the Office of Tax and Revenue. 

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

15 headed by the Deputy Chief Financial Officer 

16 for the Office of Research and Analysis. 

17 ‘‘(D) The Office of Financial Operations 

18 and Systems, headed by the Deputy Chief Fi19 nancial Officer for the Office of Financial Oper20 ations and Systems. 

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

22 headed by the District of Columbia Treasurer. 

23 ‘‘(F) The Lottery and Charitable Games 

24 Control Board, established by the Law to Le25 galize Lotteries, Daily Numbers Games, and 


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1 Bingo and Raffles for Charitable Purposes in 

2 the District of Columbia, effective March 10, 

3 1981 (D.C. Law 3–172; D.C. Official Code § 

4 3–1301 et seq.). 

5 ‘‘(4) SUPERVISOR.—The heads of the offices 

6 listed in paragraph (3) of this section shall serve at 

7 the pleasure of the Chief Financial Officer. 

8 ‘‘(5) APPOINTMENT AND REMOVAL OF OFFICE

9 EMPLOYEES.—The Chief Financial Officer shall ap10 point the heads of the subordinate offices designated 

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

12 and the Council. The Chief Financial Officer may 

13 remove the heads of the offices designated in para14 graph (3), after consultation with the Mayor and the 

15 Council. 

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

17 Financial Officer shall prepare and annually submit 

18 to the Mayor of the District of Columbia, for inclu19 sion in the annual budget of the District of Colum20 bia government for a fiscal year, annual estimates of 

21 the expenditures and appropriations necessary for 

22 the year for the operation of the Office and all other 

23 District of Columbia accounting, budget, and finan24 cial management personnel (including personnel of 


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1 executive branch independent agencies) that report 

2 to the Office pursuant to this Act. 

3 ‘‘(b) APPOINTMENT OF THE CHIEF FINANCIAL OFFI4 CER.— 

5 ‘‘(1) APPOINTMENT.— 

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

7 Officer shall be appointed by the Mayor with 

8 the advice and consent, by resolution, of the 

9 Council. Upon confirmation by the Council, the 

10 name of the Chief Financial Officer shall be 

11 submitted to the Committees on Appropriations 

12 of the House of Representatives and Senate, 

13 the Committee on Government Reform of the 

14 House of Representatives, and the Committee 

15 on Homeland Security and Governmental Af16 fairs of the Senate for a 30-day period of review 

17 and comment before the appointment takes ef18 fect. 

19 ‘‘(B) SPECIAL RULE FOR CONTROL

20 YEARS.—During a control year, the Chief Fi21 nancial Officer shall be appointed by the Mayor 

22 as follows: 

23 ‘‘(i) Prior to the appointment, the Au24 thority may submit recommendations for 

25 the appointment to the Mayor. 


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1 ‘‘(ii) In consultation with the Author2 ity and the Council, the Mayor shall nomi3 nate an individual for appointment and no4 tify the Council of the nomination. 

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

6 period which begins on the date the Mayor 

7 notifies the Council of the nomination 

8 under clause (ii), the Mayor shall notify 

9 the Authority of the nomination. 

10 ‘‘(iv) The nomination shall be effective 

11 subject to approval by a majority vote of 

12 the Authority. 

13 ‘‘(2) TERM.— 

14 ‘‘(A) IN GENERAL.—All appointments 

15 made after June 30, 2007, shall be for a term 

16 of 5 years, except for appointments made for 

17 the remainder of unexpired terms. The appoint18 ments shall have an anniversary date of July 1. 

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

20 section, the individual serving as Chief Finan21 cial Officer as of the date of enactment of the 

22 2005 District of Columbia Omnibus Authoriza23 tion Act shall be deemed to have been appointed 

24 under this subsection, except that such individVerDate Aug 31 2005 02:33 Jul 26, 2006 Jkt 049200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6401 E:\BILLS\H3508.RS H3508

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1 ual’s initial term of office shall begin upon such 

2 date and shall end on June 30, 2007. 

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

4 Officer may continue to serve beyond his term 

5 until a successor takes office. 

6 ‘‘(D) VACANCIES.—Any vacancy in the Of7 fice of Chief Financial Officer shall be filled in 

8 the same manner as the original appointment 

9 under paragraph (1). 

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

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

12 of basic pay payable for level I of the Executive 

13 Schedule. 

14 ‘‘(c) REMOVAL OF THE CHIEF FINANCIAL OFFI15 CER.— 

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

17 may only be removed for cause by the Mayor, sub18 ject to the approval of the Council by a resolution 

19 approved by not fewer than 2/3 of the members of 

20 the Council. After approval of the resolution by the 

21 Council, notice of the removal shall be submitted to 

22 the Committees on Appropriations of the House of 

23 Representatives and Senate, the Committee on Gov24 ernment Reform of the House of Representatives, 

25 and the Committee on Homeland Security and GovVerDate Aug 31 2005 02:33 Jul 26, 2006 Jkt 049200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6401 E:\BILLS\H3508.RS H3508

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1 ernmental Affairs of the Senate for a 30-day period 

2 of review and comment before the removal takes ef3 fect. 

4 ‘‘(2) SPECIAL RULE FOR CONTROL YEARS.— 

5 During a control year, the Chief Financial Officer 

6 may be removed for cause by the Authority or by the 

7 Mayor with the approval of the Authority. 

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

9 Notwithstanding any provisions of this Act which grant 

10 authority to other entities of the District government, the 

11 Chief Financial Officer shall have the following duties and 

12 shall take such steps as are necessary to perform these 

13 duties: 

14 ‘‘(1) During a control year, preparing the finan15 cial plan and the budget for the use of the Mayor 

16 for purposes of subtitle A of title II of the District 

17 of Columbia Financial Responsibility and Manage18 ment Assistance Act of 1995. 

19 ‘‘(2) Preparing the budgets of the District of 

20 Columbia for the year for the use of the Mayor for 

21 purposes of part D and preparing the 5-year finan22 cial plan based upon the adopted budget for submis23 sion with the District of Columbia budget by the 

24 Mayor to Congress. 


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1 ‘‘(3) During a control year, assuring that all fi2 nancial information presented by the Mayor is pre3 sented in a manner, and is otherwise consistent 

4 with, the requirements of the District of Columbia 

5 Financial Responsibility and Management Assistance 

6 Act of 1995. 

7 ‘‘(4) Implementing appropriate procedures and 

8 instituting such programs, systems, and personnel 

9 policies within the Chief Financial Officer’s author10 ity, to ensure that budget, accounting, and personnel 

11 control systems and structures are synchronized for 

12 budgeting and control purposes on a continuing 

13 basis and to ensure that appropriations are not ex14 ceeded. 

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

16 and the Council, with the approval of the Authority 

17 during a control year, and making public— 

18 ‘‘(A) annual estimates of all revenues of 

19 the District of Columbia (without regard to the 

20 source of such revenues), including proposed 

21 revenues, which shall be binding on the Mayor 

22 and the Council for purposes of preparing and 

23 submitting the budget of the District govern24 ment for the year under part D of this title, ex25 cept that the Mayor and the Council may preVerDate Aug 31 2005 02:33 Jul 26, 2006 Jkt 049200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6401 E:\BILLS\H3508.RS H3508

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1 pare the budget based on estimates of revenues 

2 which are lower than those prepared by the 

3 Chief Financial Officer; and 

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

5 of the District of Columbia during the year. 

6 ‘‘(6) Supervising and assuming responsibility 

7 for financial transactions to ensure adequate control 

8 of revenues and resources. 

9 ‘‘(7) Maintaining systems of accounting and in10 ternal control designed to provide— 

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

12 of the activities of the District government; 

13 ‘‘(B) adequate financial information need14 ed by the District government for management 

15 purposes; 

16 ‘‘(C) effective control over, and account17 ability for, all funds, property, and other assets 

18 of the District of Columbia; and 

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

20 the basis for preparing and supporting agency 

21 budget requests and controlling the execution of 

22 the budget. 

23 ‘‘(8) Submitting to the Council a financial 

24 statement of the District government, containing 


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1 such details and at such times as the Council may 

2 specify. 

3 ‘‘(9) Supervising and assuming responsibility 

4 for the assessment of all property subject to assess5 ment and special assessments within the corporate 

6 limits of the District of Columbia for taxation, pre7 paring tax maps, and providing such notice of taxes 

8 and special assessments (as may be required by 

9 law). 

10 ‘‘(10) Supervising and assuming responsibility 

11 for the levying and collection of all taxes, special as12 sessments, licensing fees, and other revenues of the 

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

14 and receiving all amounts paid to the District of Co15 lumbia from any source (including the Authority). 

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

17 belonging to or under the control of the District gov18 ernment (or any department or agency of the Dis19 trict government), and depositing all amounts paid 

20 in such depositories and under such terms and con21 ditions as may be designated by the Council (or by 

22 the Authority during a control year). 

23 ‘‘(12) Maintaining custody of all investment 

24 and invested funds of the District government or in 

25 possession of the District government in a fiduciary 


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1 capacity, and maintaining the safekeeping of all 

2 bonds and notes of the District government and the 

3 receipt and delivery of District government bonds 

4 and notes for transfer, registration, or exchange. 

5 ‘‘(13) Apportioning the total of all appropria6 tions and funds made available during the year for 

7 obligation so as to prevent obligation or expenditure 

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

9 need for supplemental appropriations during the 

10 year, and (with respect to appropriations and funds 

11 available for an indefinite period and all authoriza12 tions to create obligations by contract in advance of 

13 appropriations) apportioning the total of such appro14 priations, funds, or authorizations in the most effec15 tive and economical manner. 

16 ‘‘(14) Certifying all contracts and leases 

17 (whether directly or through delegation) prior to exe18 cution as to the availability of funds to meet the ob19 ligations expected to be incurred by the District gov20 ernment under such contracts and leases during the 

21 year. 

22 ‘‘(15) Prescribing the forms of receipts, vouch23 ers, bills, and claims to be used by all agencies, of24 fices, and instrumentalities of the District govern25 ment. 


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1 ‘‘(16) Certifying and approving prior to pay2 ment of all bills, invoices, payrolls, and other evi3 dences of claims, demands, or charges against the 

4 District government, and determining the regularity, 

5 legality, and correctness of such bills, invoices, pay6 rolls, claims, demands, or charges. 

7 ‘‘(17) In coordination with the Inspector Gen8 eral of the District of Columbia, performing internal 

9 audits of accounts and operations and records of the 

10 District government, including the examination of 

11 any accounts or records of financial transactions, 

12 giving due consideration to the effectiveness of ac13 counting systems, internal control, and related ad14 ministrative practices of the departments and agen15 cies of the District government. 

16 ‘‘(18) Exercising responsibility for the adminis17 tration and supervision of the District of Columbia 

18 Treasurer. 

19 ‘‘(19) Supervising and administering all bor20 rowing programs for the issuance of long-term and 

21 short-term indebtedness, as well as other financing22 related programs of the District government. 

23 ‘‘(20) Administering the cash management pro24 gram of the District government, including the in25 vestment of surplus funds in governmental and nonVerDate Aug 31 2005 02:33 Jul 26, 2006 Jkt 049200 PO 00000 Frm 00037 Fmt 6652 Sfmt 6401 E:\BILLS\H3508.RS H3508

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1 governmental interest-bearing securities and ac2 counts. 

3 ‘‘(21) Administering the centralized District 

4 government payroll and retirement systems (other 

5 than the retirement system for police officers, fire 

6 fighters, and teachers). 

7 ‘‘(22) Governing the accounting policies and 

8 systems applicable to the District government. 

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

10 and monthly financial reports of the accounting and 

11 financial operations of the District government. 

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

13 each fiscal year, preparing the complete financial 

14 statement and report on the activities of the District 

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

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

17 ‘‘(25) Preparing fiscal impact statements on 

18 regulations, multiyear contracts, contracts over 

19 $1,000,000 and on legislation, as required by section 

20 4a of the General Legislative Procedures Act of 

21 1975. 

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

23 Mayor, who has the specific responsibility for formu24 lating budget policy using Chief Financial Officer 

25 technical and human resources, the budget for subVerDate Aug 31 2005 02:33 Jul 26, 2006 Jkt 049200 PO 00000 Frm 00038 Fmt 6652 Sfmt 6401 E:\BILLS\H3508.RS H3508

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1 mission by the Mayor to the Council and to the pub2 lic and upon final adoption to Congress and to the 

3 public. 

4 ‘‘(27) Certifying all collective bargaining agree5 ments and nonunion pay proposals prior to submis6 sion to the Council for approval as to the availability 

7 of funds to meet the obligations expected to be in8 curred by the District government under such collec9 tive bargaining agreements and nonunion pay pro10 posals during the year. 

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

12 Treasurer shall have the following duties: 

13 ‘‘(1) Assisting the Chief Financial Officer in re14 porting revenues received by the District govern15 ment, including submitting annual and quarterly re16 ports concerning the cash position of the District 

17 government not later than 60 days after the last day 

18 of the quarter (or year) involved. Each such report 

19 shall include the following: 

20 ‘‘(A) Comparative reports of revenue and 

21 other receipts by source, including tax, nontax, 

22 and Federal revenues, grants and reimburse23 ments, capital program loans, and advances. 

24 Each source shall be broken down into specific 

25 components. 


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1 ‘‘(B) Statements of the cash flow of the 

2 District government for the preceding quarter 

3 or year, including receipts, disbursements, net 

4 changes in cash inclusive of the beginning bal5 ance, cash and investment, and the ending bal6 ance, inclusive of cash and investment. Such 

7 statements shall reflect the actual, planned, bet8 ter or worse dollar amounts and the percentage 

9 change with respect to the current quarter, 

10 year-to-date, and fiscal year. 

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

12 quarter or year involved, reflecting receipts, dis13 bursements, net change in cash inclusive of the 

14 beginning balance, cash and investment, and 

15 the ending balance, inclusive of cash and invest16 ment with respect to the actual dollar amounts 

17 for the quarter or year, and projected dollar 

18 amounts for each of the 3 succeeding quarters. 

19 ‘‘(D) Monthly reports reflecting a detailed 

20 summary analysis of all District of Columbia 

21 government investments, including— 

22 ‘‘(i) the total of long-term and short23 term investments; 


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1 ‘‘(ii) a detailed summary analysis of 

2 investments by type and amount, including 

3 purchases, sales (maturities), and interest; 

4 ‘‘(iii) an analysis of investment port5 folio mix by type and amount, including li6 quidity, quality/risk of each security, and 

7 similar information; 

8 ‘‘(iv) an analysis of investment strat9 egy, including near-term strategic plans 

10 and projects of investment activity, as well 

11 as forecasts of future investment strategies 

12 based on anticipated market conditions, 

13 and similar information; and 

14 ‘‘(v) an analysis of cash utilization, in15 cluding— 

16 ‘‘(I) comparisons of budgeted 

17 percentages of total cash to be in18 vested with actual percentages of cash 

19 invested and the dollar amounts; 

20 ‘‘(II) comparisons of the next re21 turn on invested cash expressed in 

22 percentages (yield) with comparable 

23 market indicators and established Dis24 trict of Columbia government yield ob25 jectives; and 


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1 ‘‘(III) comparisons of estimated 

2 dollar return against actual dollar 

3 yield. 

4 ‘‘(E) Monthly reports reflecting a detailed 

5 summary analysis of long-term and short-term 

6 borrowings inclusive of debt as authorized by 

7 section 603, in the current fiscal year and the 

8 amount of debt for each succeeding fiscal year 

9 not to exceed 5 years. All such reports shall re10 flect— 

11 ‘‘(i) the amount of debt outstanding 

12 by type of instrument; 

13 ‘‘(ii) the amount of authorized and 

14 unissued debt, including availability of 

15 short-term lines of credit, United States 

16 Treasury borrowings, and similar informa17 tion; 

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

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

20 the debt; and 

21 ‘‘(v) the amount of debt service re22 quirements and related debt service re23 serves. 


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

2 Financial Officer under subsection (d) as the Chief 

3 Financial Officer may delegate. 

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

5 (and sections 424a and 424b)— 

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

7 Columbia Financial Responsibility and Management 

8 Assistance Authority established under section 

9 101(a) of the District of Columbia Financial Re10 sponsibility and Management Assistance Act of 

11 1995; 

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

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

14 and 

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

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

17 such Act.’’. 

18 (b) CLARIFICATION OF DUTIES OF CHIEF FINANCIAL

19 OFFICER AND MAYOR.— 

20 (1) RELATION TO FINANCIAL DUTIES OF

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

22 204.48(a), D.C. Official Code) is amended by strik23 ing ‘‘section 603,’’ and inserting ‘‘section 603 and 

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


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1 (2) RELATION TO MAYOR’S DUTIES REGARDING

2 ACCOUNTING SUPERVISION AND CONTROL.—Section 

3 449 of such Act (section 1–204.49, D.C. Official 

4 Code) is amended by striking ‘‘The Mayor’’ and in5 serting ‘‘Except to the extent provided under section 

6 424(d), the Mayor’’. 

7 SEC. 202. PERSONNEL AUTHORITY. 

8 (a) PROVIDING INDEPENDENT PERSONNEL AUTHOR9 ITY .— 

10 (1) IN GENERAL.—Part B of title IV of the 

11 District of Columbia Home Rule Act is amended by 

12 adding at the end the following new section: 

13 ‘‘AUTHORITY OF CHIEF FINANCIAL OFFICER OVER PER14 SONNEL OF OFFICE AND OTHER FINANCIAL PER15 SONNEL

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

17 provision of law or regulation (including any law or regula18 tion providing for collective bargaining or the enforcement 

19 of any collective bargaining agreement), employees of the 

20 Office of the Chief Financial Officer of the District of Co21 lumbia, including personnel described in subsection (b), 

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

23 shall act under the direction and control of the Chief Fi24 nancial Officer of the District of Columbia, and shall be 

25 considered at-will employees not covered by the District 

26 of Columbia Merit Personnel Act of 1978, except that 


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1 nothing in this section may be construed to prohibit the 

2 Chief Financial Officer from entering into a collective bar3 gaining agreement governing such employees and per4 sonnel or to prohibit the enforcement of such an agree5 ment as entered into by the Chief Financial Officer. 

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

7 subsection are as follows: 

8 ‘‘(1) The General Counsel to the Chief Finan9 cial Officer and all other attorneys in the Office of 

10 the General Counsel within the Office of the Chief 

11 Financial Officer of the District of Columbia, to12 gether with all other personnel of the Office. 

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

14 attorneys by the Chief Financial Officer or any of15 fice under the personnel authority of the Chief Fi16 nancial Officer, each of whom shall act under the di17 rection and control of the General Counsel to the 

18 Chief Financial Officer. 

19 ‘‘(3) The heads and all personnel of the subor20 dinate offices of the Office (as described in section 

21 424(a)(2) and established as subordinate offices in 

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

23 Agency Fiscal Officers, and Associate Chief Finan24 cial Officers of all District of Columbia executive 

25 branch subordinate and independent agencies (in acVerDate Aug 31 2005 02:33 Jul 26, 2006 Jkt 049200 PO 00000 Frm 00045 Fmt 6652 Sfmt 6401 E:\BILLS\H3508.RS H3508

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1 cordance with subsection (c)), together with all other 

2 District of Columbia accounting, budget, and finan3 cial management personnel (including personnel of 

4 executive branch independent agencies, but not in5 cluding personnel of the legislative or judicial 

6 branches of the District government). 

7 ‘‘(c) APPOINTMENT OF CERTAIN EXECUTIVE

8 BRANCH AGENCY CHIEF FINANCIAL OFFICERS.— 

9 ‘‘(1) IN GENERAL.—The Chief Financial Offi10 cers and Associate Chief Financial Officers of all 

11 District of Columbia executive branch subordinate 

12 and independent agencies (other than those of a sub13 ordinate office of the Office) shall be appointed by 

14 the Chief Financial Officer, in consultation with the 

15 agency head, where applicable. The appointment 

16 shall be made from a list of qualified candidates de17 veloped by the Chief Financial Officer. 

18 ‘‘(2) TRANSITION.—Any executive branch agen19 cy Chief Financial Officer appointed prior to the 

20 date of enactment of the 2005 District of Columbia 

21 Omnibus Authorization Act may continue to serve in 

22 that capacity without reappointment. 

23 ‘‘(d) INDEPENDENT AUTHORITY OVER LEGAL PER24 SONNEL.—Title VIII–B of the District of Columbia Gov25 ernment Comprehensive Merit Personnel Act of 1978 (sec. 


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•HR 3508 RS 

1 1–608.51 et seq., D.C. Official Code) shall not apply to 

2 the Office of the Chief Financial Officer or to attorneys 

3 employed by the Office.’’ 

4 (2) CLERICAL AMENDMENT.—The table of con5 tents of part B of title IV of the District of Colum6 bia Home Rule Act is amended by adding at the end 

7 the following new item: 

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

other financial personnel.’’. 

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

9 District of Columbia Government Comprehensive Merit 

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

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

12 SEC. 203. PROCUREMENT AUTHORITY. 

13 (a) PROVIDING INDEPENDENT AUTHORITY TO PRO14 CURE GOODS AND SERVICES.— 

15 (1) IN GENERAL.—Part B of title IV of the 

16 District of Columbia Home Rule Act, as amended by 

17 section 203(a)(1), is further amended by adding at 

18 the end the following new section: 

19 ‘‘PROCUREMENT AUTHORITY OF THE CHIEF FINANCIAL

20 OFFICER

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

22 out procurement of goods and services for the Office of 

23 the Chief Financial Officer through a procurement office 

24 or division which shall operate independently of, and shall 


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1 not be governed by, the Office of Contracting and Procure2 ment established under the District of Columbia Procure3 ment Practices Act of 1986 or any successor office, except 

4 the provisions applicable under such Act to procurement 

5 carried out by the Chief Procurement Officer established 

6 by section 105 of such Act or any successor office shall 

7 apply with respect to the procurement carried out by the 

8 Chief Financial Officer’s procurement office or division.’’. 

9 (2) CLERICAL AMENDMENT.—The table of con10 tents of part B of title IV of the District of Colum11 bia Home Rule Act, as amended by section 

12 203(a)(2), is further amended by adding at the end 

13 following new item: 

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

14 (b) CONFORMING AMENDMENTS.— 

15 (1) PROCUREMENT PRACTICES ACT.—Section 

16 104 of the District of Columbia Procurement Prac17 tices Act of 1985 (sec. 2–301.04, D.C. Official 

18 Code) is amended— 

19 (A) in subsection (a), by striking ‘‘, and 

20 the District of Columbia Financial Responsi21 bility and Management Assistance Authority’’ 

22 and inserting the following: ‘‘the District of Co23 lumbia Financial Responsibility and Manage24 ment Assistance Authority, and (to the extent 

25 described in section 424b of the District of CoVerDate Aug 31 2005 02:33 Jul 26, 2006 Jkt 049200 PO 00000 Frm 00048 Fmt 6652 Sfmt 6401 E:\BILLS\H3508.RS H3508

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1 lumbia Home Rule Act) the Office of the Chief 

2 Financial Officer of the District of Columbia’’; 

3 and 

4 (B) in subsection (c), by striking the sec5 ond and third sentences. 

6 (2) OTHER CONFORMING AMENDMENT.—Sec7 tion 132 of the District of Columbia Appropriations 

8 Act, 2006 (Public Law 109–115) is hereby repealed. 

9 (c) EFFECTIVE DATE.—This section and the amend10 ments made by this section shall take effect 6 months 

11 after the date of enactment of this Act. 

12 SEC. 204. FISCAL IMPACT STATEMENTS. 

13 The General Legislative Procedures Act of 1975 (sec. 

14 1–301.45 et seq., D.C. Official Code) is amended by add15 ing at the end the following new section: 

16 ‘‘FISCAL IMPACT STATEMENTS

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

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

19 law, except as provided in subsection (c), all perma20 nent bills and resolutions shall be accompanied by a 

21 fiscal impact statement before final adoption by the 

22 Council. 

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

24 shall include the estimate of the costs which will be 

25 incurred by the District as a result of the enactment 

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


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

2 effect, together with a statement of the basis for 

3 such estimate. 

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

5 acts which are accompanied by fiscal impact statements 

6 which reflect unbudgeted costs, shall be subject to appro7 priations prior to becoming effective. 

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

9 to emergency declaration, ceremonial, confirmation, and 

10 sense of the Council resolutions.’’. 

11 TITLE III—AUTHORIZATION OF 

12 CERTAIN GENERAL APPRO13 PRIATIONS PROVISIONS 

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

15 OFFENDER SUPERVISION AGENCY. 

16 (a) AUTHORITY TO ACCEPT GIFTS.—Section 

17 11233(b) of the National Capital Revitalization and Self18 Government Improvement Act of 1997 (sec. 24–133(b), 

19 D.C. Official Code) is amended by adding at the end the 

20 following new paragraphs: 

21 ‘‘(3) ACCEPTANCE OF GIFTS.— 

22 ‘‘(A) AUTHORITY TO ACCEPT GIFTS.—Dur23 ing fiscal years 2006 through 2008, the Direc24 tor may accept and use gifts in the form of— 


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

2 hospitality to support offender and defend3 ant programs; and 

4 ‘‘(ii) equipment and vocational train5 ing services to educate and train offenders 

6 and defendants. 

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

8 accurate and detailed records of the acceptance 

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

10 and shall make such records available for audit 

11 and public inspection. 

12 ‘‘(4) REIMBURSEMENT FROM DISTRICT GOV13 ERNMENT.—During fiscal years 2006 through 2008, 

14 the Director may accept and use reimbursement 

15 from the District government for space and services 

16 provided, on a cost reimbursable basis.’’. 

17 (b) AUTHORITY OF PUBLIC DEFENDER SERVICE TO

18 CHARGE FEES FOR EVENT MATERIALS.—Section 307 of 

19 the District of Columbia Court Reform and Criminal Pro20 cedure Act of 1970 (sec. 2–1607, D.C. Official Code) is 

21 amended by adding at the end the following new sub22 section: 

23 ‘‘(d) During fiscal years 2006 through 2008, the 

24 Service may charge fees to cover the costs of materials 

25 distributed to attendees of educational events, including 


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1 conferences, sponsored by the Service. Notwithstanding 

2 section 3302 of title 31, United States Code, any amounts 

3 received as fees under this subsection shall be credited to 

4 the Service and available for use without further appro5 priation.’’. 

6 SEC. 302. EVALUATION PROCESS FOR PUBLIC SCHOOL EM7 PLOYEES. 

8 Title XVII of the District of Columbia Merit Per9 sonnel Act of 1978 (sec. 1–617.01 et seq., D.C. Official 

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

11 section: 

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

13 EMPLOYEES. 

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

15 regulation, during fiscal year 2006 and each succeeding 

16 fiscal year the evaluation process and instruments for eval17 uating District of Columbia Public Schools employees 

18 shall be a non-negotiable item for collective bargaining 

19 purposes.’’. 

20 SEC. 303. CLARIFICATION OF APPLICATION OF PAY PROVI21 SIONS OF MERIT PERSONNEL SYSTEM TO ALL 

22 DISTRICT EMPLOYEES. 

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

24 fourth sentence of section 422(3) of the District of Colum25 bia Home Rule Act (sec. 1–204.42(3), D.C. Official Code) 


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1 is amended by striking ‘‘The system may provide’’ and in2 serting the following: ‘‘The system shall apply with respect 

3 to the compensation of employees of the District govern4 ment during fiscal year 2006 and each succeeding fiscal 

5 year, except that the system may provide’’. 

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

7 of title 5, United States Code, is amended by adding at 

8 the end the following new subsection: 

9 ‘‘(e) Except as may be specifically provided, this 

10 chapter does not apply for pay purposes to any employee 

11 of the government of the District of Columbia during fis12 cal year 2006 or any succeeding fiscal year.’’. 

13 SEC. 304. CRITERIA FOR RENEWING OR EXTENDING SOLE 

14 SOURCE CONTRACTS. 

15 Section 305 of the District of Columbia Procurement 

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

17 is amended by adding at the end the following new sub18 section: 

19 ‘‘(b) During fiscal years 2006 through 2008, a pro20 curement contract awarded through noncompetitive nego21 tiations in accordance with subsection (a) may be renewed 

22 or extended only if the Chief Financial Officer of the Dis23 trict of Columbia reviews the contract and certifies that 

24 the contract was renewed or extended in accordance with 

25 duly promulgated rules and procedures.’’. 


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1 SEC. 305. ACCEPTANCE OF GRANT AMOUNTS NOT IN2 CLUDED IN ANNUAL BUDGET. 

3 (a) AUTHORITY TO ACCEPT, OBLIGATE, AND EX4 PEND AMOUNTS.—Subpart 1 of part D of title IV of the 

5 District of Columbia Home Rule Act (sec. 1–204.41 et 

6 seq., D.C. Official Code), as amended by section 101(a), 

7 is amended by inserting after section 446A the following 

8 new section: 

9 ‘‘ACCEPTANCE OF GRANT AMOUNTS NOT INCLUDED IN

10 ANNUAL BUDGET

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

12 AND EXPEND AMOUNTS.—Notwithstanding the fourth 

13 sentence of section 446, the Mayor, in consultation with 

14 the Chief Financial Officer of the District of Columbia 

15 may accept, obligate, and expend Federal, private, and 

16 other grants received by the District government that are 

17 not reflected in the budget approved by Act of Congress 

18 as provided in such section. 

19 ‘‘(b) CONDITIONS.— 

20 ‘‘(1) ROLE OF CHIEF FINANCIAL OFFICER; AP21 PROVAL BY COUNCIL.—No Federal, private, or other 

22 grant may be accepted, obligated, or expended pur23 suant to subsection (a) until— 

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

25 the Council a report setting forth detailed infor26 mation regarding such grant; and 


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1 ‘‘(B) the Council has reviewed and ap2 proved the acceptance, obligation, and expendi3 ture of such grant. 

4 ‘‘(2) DEEMED APPROVAL BY COUNCIL.—For 

5 purposes of paragraph (1)(B), the Council shall be 

6 deemed to have reviewed and approved the accept7 ance, obligation, and expenditure of a grant if— 

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

9 filed with the Secretary of the Council within 

10 14 calendar days of the receipt of the report 

11 from the Chief Financial Officer under para12 graph (1)(A); or 

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

14 within such deadline, the Council does not by 

15 resolution disapprove the acceptance, obligation, 

16 or expenditure of the grant within 30 calendar 

17 days of the initial receipt of the report from the 

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

19 ‘‘(c) NO OBLIGATION OR EXPENDITURE PERMITTED

20 IN ANTICIPATION OF RECEIPT OR APPROVAL.—No 

21 amount may be obligated or expended from the general 

22 fund or other funds of the District of Columbia govern23 ment in anticipation of the approval or receipt of a grant 

24 under subsection (b)(2) or in anticipation of the approval 


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1 or receipt of a Federal, private, or other grant not subject 

2 to such subsection. 

3 ‘‘(d) ADJUSTMENTS TO ANNUAL BUDGET.—The 

4 Chief Financial Officer may adjust the budget for Federal, 

5 private, and other grants received by the District govern6 ment reflected in the amounts provided in the budget ap7 proved by Act of Congress under section 446, or approved 

8 and received under subsection (b)(2) to reflect a change 

9 in the actual amount of the grant. 

10 ‘‘(e) REPORTS.—The Chief Financial Officer shall 

11 prepare a quarterly report setting forth detailed informa12 tion regarding all Federal, private, and other grants sub13 ject to this section. Each such report shall be submitted 

14 to the Council and to the Committees on Appropriations 

15 of the House of Representatives and Senate not later than 

16 15 days after the end of the quarter covered by the report. 

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

18 with respect to fiscal years 2006 through 2008.’’. 

19 (b) CONFORMING AMENDMENT.—The fourth sen20 tence of section 446 of such Act (sec. 1–204.46, D.C. Offi21 cial Code), as amended by section 101(b), is amended by 

22 inserting ‘‘section 446B,’’ after ‘‘section 446A,’’. 

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

24 of such Act, as amended by section 101(c), is amended 


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1 by inserting after the item relating to section 446A the 

2 following new item: 

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

3 SEC. 306. STANDARDS FOR ANNUAL INDEPENDENT AUDIT. 

4 Section 448 of the District of Columbia Home Rule 

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

6 (1) in subsection (a)(4), by striking the semi7 colon at the end and inserting the following: ‘‘, as 

8 audited by the Inspector General of the District of 

9 Columbia in accordance with subsection (c) in the 

10 case of fiscal years 2006 through 2008;’’; and 

11 (2) by adding at the end the following new sub12 section: 

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

14 year prepared and submitted for purposes of subsection 

15 (a)(4) shall be audited by the Inspector General of the 

16 District of Columbia (in coordination with the Chief Fi17 nancial Officer of the District of Columbia) pursuant to 

18 section 208(a)(4) of the District of Columbia Procurement 

19 Practices Act of 1985, and shall include as a basic finan20 cial statement a comparison of audited actual year-end re21 sults with the revenues submitted in the budget document 

22 for such year and the appropriations enacted into law for 

23 such year using the format, terminology, and classifica24 tions contained in the law making the appropriations for 

25 the year and its legislative history.’’. 


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1 SEC. 307. USE OF FINES IMPOSED FOR VIOLATION OF TRAF2 FIC ALCOHOL LAWS FOR ENFORCEMENT AND 

3 PROSECUTION OF LAWS. 

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

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

6 amended to read as follows: 

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

8 fines imposed and collected pursuant to this subsection 

9 during fiscal year 2006 and each succeeding fiscal year 

10 shall be transferred to the General Fund of the District 

11 of Columbia, shall be used by the District of Columbia 

12 exclusively for the enforcement and prosecution of the Dis13 trict traffic alcohol laws, and shall remain available until 

14 expended.’’. 

15 SEC. 308. CERTIFICATIONS FOR ATTORNEYS IN CASES 

16 BROUGHT UNDER INDIVIDUALS WITH DIS17 ABILITIES EDUCATION ACT. 

18 (a) RESPONSIBILITIES OF CHIEF FINANCIAL OFFI19 CER.—Section 424(d) of the District of Columbia Home 

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

21 amended by section 201(a), is amended by adding at the 

22 end the following new paragraph: 

23 ‘‘(28) With respect to attorneys in special edu24 cation cases brought under the Individuals with Dis25 abilities Education Act in the District of Columbia 


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1 during fiscal year 2006 and each succeeding fiscal 

2 year— 

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

4 writing that the attorney or representative of 

5 the attorney rendered any and all services for 

6 which the attorney received an award in such a 

7 case, including those received under a settle8 ment agreement or as part of an administrative 

9 proceeding, from the District of Columbia; 

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

11 the certification under subparagraph (A), to 

12 disclose any financial, corporate, legal, member13 ship on boards of directors, or other relation14 ships with any special education diagnostic 

15 services, schools, or other special education 

16 service providers to which the attorneys have 

17 referred any clients in any such cases; and 

18 ‘‘(C) preparing and submitting quarterly 

19 reports to the Committees on Appropriations of 

20 the House of Representatives and Senate on the 

21 certification of and the amount paid by the gov22 ernment of the District of Columbia, including 

23 the District of Columbia Public Schools, to such 

24 attorneys.’’. 


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1 (b) INVESTIGATIONS BY INSPECTOR GENERAL.—Sec2 tion 208(a)(3) of the District of Columbia Procurement 

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

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

5 subparagraph: 

6 ‘‘(J) During fiscal year 2006 and each succeeding fis7 cal year, conduct investigations to determine the accuracy 

8 of certifications made to the Chief Financial Officer of the 

9 District of Columbia under section 424(d)(28) of the Dis10 trict of Columbia Home Rule Act of attorneys in special 

11 education cases brought under the Individuals with Dis12 abilities Education Act in the District of Columbia.’’. 

13 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

15 ‘‘2005 District of Columbia Omnibus Authorization Act’’. 

16 (b) TABLE OF CONTENTS.—The table of contents of this 

17 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. 


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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. 

1 TITLE I—GOVERNANCE OF 

2 DISTRICT OF COLUMBIA 

3 Subtitle A—General District of 

4 Columbia Governance 

5 SEC. 101. BUDGET FLEXIBILITY. 

6 (a) PERMITTING INCREASE IN AMOUNT APPRO7 PRIATED AS LOCAL FUNDS DURING A FISCAL YEAR.—SubVerDate Aug 31 2005 02:33 Jul 26, 2006 Jkt 049200 PO 00000 Frm 00061 Fmt 6652 Sfmt 6203 E:\BILLS\H3508.RS H3508

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1 part 1 of part D of title IV of the District of Columbia 

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

3 is amended by inserting after section 446 the following new 

4 section: 

5 ‘‘PERMITTING INCREASE IN AMOUNT APPROPRIATED AS

6 LOCAL FUNDS DURING A FISCAL YEAR

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

8 fourth sentence of section 446, to account for an unantici9 pated growth of revenue collections, the amount appro10 priated as District of Columbia funds under budget ap11 proved by Act of Congress as provided in such section may 

12 be increased— 

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

14 25 percent, in the case of amounts allocated under the 

15 budget as ‘Other-Type Funds’; and 

16 ‘‘(2) by an aggregate amount of not more than 

17 6 percent, in the case of any other amounts allocated 

18 under the budget. 

19 ‘‘(b) CONDITIONS.—The District of Columbia may ob20 ligate and expend any increase in the amount of funds au21 thorized under this section only in accordance with the fol22 lowing conditions: 

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

24 of Columbia shall certify— 

25 ‘‘(A) the increase in revenue; and 


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1 ‘‘(B) that the use of the amounts is not an2 ticipated to have a negative impact on the long3 term financial, fiscal, or economic health of the 

4 District. 

5 ‘‘(2) The amounts shall be obligated and ex6 pended in accordance with laws enacted by the Coun7 cil of the District of Columbia in support of each such 

8 obligation and expenditure, consistent with any other 

9 requirements under law. 

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

11 agencies of the District government operating under 

12 court-ordered receivership. 

13 ‘‘(4) The amounts may not be obligated or ex14 pended unless the Mayor has notified the Committees 

15 on Appropriations of the House of Representatives 

16 and Senate, the Committee on Government Reform of 

17 the House of Representatives, and the Committee on 

18 Homeland Security and Governmental Affairs of the 

19 Senate not fewer than 30 days in advance of the obli20 gation or expenditure. 

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

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

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

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


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

2 445A(b),’’. 

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

4 such Act is amended by inserting after the item relating 

5 to section 446 the following new item: 

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

a fiscal year.’’. 

6 SEC. 102. ADDITIONAL AUTHORITY TO ALLOCATE AMOUNTS 

7 IN RESERVE FUNDS. 

8 (a) IN GENERAL.—Section 450A of the District of Co9 lumbia Home Rule Act (sec. 1–204.50A, D.C. Official Code) 

10 is amended— 

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

12 (d); and 

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

14 new subsection: 

15 ‘‘(c) ADDITIONAL AUTHORITY TO ALLOCATE

16 AMOUNTS.— 

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

18 provision of this section, in addition to the authority 

19 provided under this section to allocate and use 

20 amounts from the emergency reserve fund under sub21 section (a) and the contingency reserve fund under 

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

23 amounts from such funds during a fiscal year and 

24 use such amounts for cash flow management purposes. 


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1 ‘‘(2) LIMITS ON AMOUNT ALLOCATED.— 

2 ‘‘(A) AMOUNT OF INDIVIDUAL ALLOCA3 TION.—The amount of an allocation made from 

4 the emergency reserve fund or the contingency re5 serve fund pursuant to the authority of this sub6 section may not exceed 50 percent of the balance 

7 of the fund involved at the time the allocation is 

8 made. 

9 ‘‘(B) AGGREGATE AMOUNT ALLOCATED.— 

10 The aggregate amount allocated from the emer11 gency reserve fund or the contingency reserve 

12 fund pursuant to the authority of this subsection 

13 during a fiscal year may not exceed 50 percent 

14 of the balance of the fund involved as of the first 

15 day of such fiscal year. 

16 ‘‘(3) REPLENISHMENT.—If the District of Co17 lumbia allocates any amounts from a reserve fund 

18 pursuant to the authority of this subsection during a 

19 fiscal year, the District shall fully replenish the fund 

20 for the amounts allocated not later than the earlier 

21 of— 

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

23 which begins on the date the allocation is made; 

24 or 

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


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

2 apply with respect to fiscal years 2006 through 

3 2007.’’. 

4 (b) SPECIAL RULE FOR TIMING OF REPLENISHMENT

5 AFTER SUBSEQUENT ALLOCATION.— 

6 (1) EMERGENCY RESERVE FUND.—Section 

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

8 Official Code) is amended— 

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

10 and inserting the following: 

11 ‘‘(7) REPLENISHMENT.— 

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

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

15 subparagraph: 

16 ‘‘(B) SPECIAL RULE FOR REPLENISHMENT

17 AFTER ALLOCATION FOR CASH FLOW MANAGE18 MENT.— 

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

21 fund during a fiscal year for cash flow 

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

24 afterwards during the year makes a subse25 quent allocation from the fund for purposes 


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

2 subsequent allocation the balance of the 

3 fund is reduced to an amount which is less 

4 than 50 percent of the balance of the fund 

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

7 amount as may be required to restore the 

8 balance to an amount which is equal to 50 

9 percent of the balance of the fund as of the 

10 first day of the fiscal year. 

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

12 carry out any replenishment required under 

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

15 the expiration of the 60-day period which 

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

18 (2) CONTINGENCY RESERVE FUND.—Section 

19 450A(b)(6) of such Act (sec. 1–204.50A(b)(6), D.C. 

20 Official Code) is amended— 

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

22 and inserting the following: 

23 ‘‘(6) REPLENISHMENT.— 

24 ‘‘(A) IN GENERAL.—The District of Colum25 bia’’; and 


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

2 subparagraph: 

3 ‘‘(B) SPECIAL RULE FOR REPLENISHMENT

4 AFTER ALLOCATION FOR CASH FLOW MANAGE5 MENT.— 

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

8 fund during a fiscal year for cash flow 

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

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

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

14 subsequent allocation the balance of the 

15 fund is reduced to an amount which is less 

16 than 50 percent of the balance of the fund 

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

19 amount as may be required to restore the 

20 balance to an amount which is equal to 50 

21 percent of the balance of the fund as of the 

22 first day of the fiscal year. 

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

24 carry out any replenishment required under 

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1 tion described in such clause not later than 

2 the expiration of the 60-day period which 

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

5 SEC. 103. PERMITTING GENERAL SERVICES ADMINISTRA6 TION TO OBTAIN SPACE AND SERVICES ON 

7 BEHALF OF DISTRICT OF COLUMBIA PUBLIC 

8 DEFENDER SERVICE. 

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

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

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

13 (either directly by providing space and services in buildings 

14 owned or occupied by the Federal Government or indirectly 

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

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

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

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

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

21 SEC. 104. AUTHORITY TO ENTER INTO INTERSTATE INSUR22 ANCE PRODUCT REGULATION COMPACT. 

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

25 state commission as an instrumentality of the District of 


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1 Columbia for the purpose of establishing uniform insurance 

2 product regulations among the participating states. 

3 (b) DELEGATION.—Any insurance product regulation 

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

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

8 for which the interstate compact is established. 

9 SEC. 105. METERED TAXICABS IN THE DISTRICT OF COLUM10 BIA. 

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

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

13 of this Act, the District of Columbia shall require all taxi14 cabs licensed in the District of Columbia to charge fares 

15 by a metered system. 

16 (b) DISTRICT OF COLUMBIA OPT OUT.—The Mayor of 

17 the District of Columbia may exempt the District of Colum18 bia from the requirement under subsection (a) by issuing 

19 an executive order that specifically states that the District 

20 of Columbia opts out of the requirement to implement a 

21 metered fare system for taxicabs. 


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1 Subtitle B—District of Columbia 

2 Courts 

3 SEC. 111. MODERNIZATION OF OFFICE OF REGISTER OF 

4 WILLS. 

5 (a) REVISION OF DUTIES.—Section 11–2104(b), Dis6 trict of Columbia Official Code, is amended to read as fol7 lows: 

8 ‘‘(b) In matters over which the Superior Court has pro9 bate jurisdiction or powers, the Register of Wills shall— 

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

11 records, of the proceedings of the court; 

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

13 proved before the Register of Wills or the court and 

14 other matters required by law to be recorded in the 

15 court; 

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

17 court original papers filed with the Register of Wills; 

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

19 and order of the court; 

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

21 of the District of Columbia courts such reports as 

22 may be required; and 

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

24 direction of the court.’’. 

25 (b) REPEAL OF PENALTIES.— 


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

2 Columbia Code, is amended— 

3 (A) in the heading, by striking ‘‘; pen4 alties’’; and 

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

6 (2) CLERICAL AMENDMENT.—The item relating 

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

8 21 of title 11, District of Columbia Official Code, is 

9 amended by striking ‘‘; penalties’’. 

10 (c) RECORD OF CLAIMS AGAINST NONRESIDENT DECE11 DENTS.—Section 20–343(d), District of Columbia Official 

12 Code, is amended by striking the second sentence and insert13 ing the following: ‘‘The Register shall record all such claims 

14 and releases.’’. 

15 SEC. 112. INCREASE IN CAP ON RATES OF PAY FOR NON16 JUDICIAL EMPLOYEES. 

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

18 1726(a), District of Columbia Official Code, is amended by 

19 striking ‘‘pay fixed by administrative action in section 

20 5373’’ and inserting ‘‘maximum pay in section 5382(a)’’. 

21 (b) EFFECTIVE DATE.—The amendment made by sub22 section (a) shall apply with respect to pay periods begin23 ning on or after the date of the enactment of this Act. 


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1 SEC. 113. CLARIFICATION OF RATE FOR INDIVIDUALS PRO2 VIDING SERVICES TO INDIGENT DEFEND3 ANTS. 

4 (a) IN GENERAL.—Section 11–2605, District of Co5 lumbia Official Code, is amended— 

6 (1) by striking subsection (b); 

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

8 States Code,’’ the following: ‘‘(or, in the case of inves9 tigative services, a fixed rate of $25 per hour)’’; 

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

11 States Code,’’ the following: ‘‘(or, in the case of inves12 tigative services, a fixed rate of $25 per hour)’’; and 

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

14 subsections (b) and (c). 

15 (b) EFFECTIVE DATE.—The amendment made by sub16 section (a) shall apply with respect to services provided on 

17 or after the date of the enactment of this Act. 

18 SEC. 114. AUTHORITY OF COURTS TO CONDUCT PRO19 CEEDINGS OUTSIDE OF DISTRICT OF COLUM20 BIA DURING EMERGENCIES. 

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

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

23 title 11, District of Columbia Official Code, is amend24 ed by adding at the end the following new section: 


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1 ‘‘§ 11–710. Emergency Authority to conduct pro2 ceedings outside District of Columbia 

3 ‘‘(a) IN GENERAL.—The court may hold special ses4 sions at any place within the United States outside the Dis5 trict of Columbia as the nature of the business may require 

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

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

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

9 706(a)) or the Joint Committee on Judicial Administration 

10 in the District of Columbia that, because of emergency con11 ditions, no location within the District of Columbia is rea12 sonably available where such special sessions could be held. 

13 The court may transact any business at a special session 

14 authorized pursuant to this section which it has the author15 ity to transact at a regular session. 

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

17 issues an order exercising its authority under subsection 

18 (a), the court— 

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

20 Administration in the District of Columbia, shall 

21 send notice of such order, including the reasons for 

22 the issuance of such order, to the Committee on 

23 Homeland Security and Governmental Affairs of the 

24 Senate and the Committee on Government Reform of 

25 the House of Representatives; and 


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

2 States Marshals Service before the commencement of 

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

4 (2) CLERICAL AMENDMENT.—The table of con5 tents of chapter 7 of title 11, District of Columbia Of6 ficial Code, is amended by adding at the end of the 

7 items relating to subchapter I the following: 

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

8 (b) SUPERIOR COURT OF THE DISTRICT OF COLUM9 BIA.— 

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

11 title 11, District of Columbia Official Code, is amend12 ed by adding at the end the following new section: 

13 ‘‘§ 11–911. Emergency Authority to conduct pro14 ceedings outside District of Columbia 

15 ‘‘(a) IN GENERAL.—The Superior Court may hold spe16 cial sessions at any place within the United States outside 

17 the District of Columbia as the nature of the business may 

18 require and upon such notice as the Superior Court orders, 

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

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

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

22 on Judicial Administration in the District of Columbia 

23 that, because of emergency conditions, no location within 


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1 the District of Columbia is reasonably available where such 

2 special sessions could be held. 

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

4 may transact any business at a special session outside the 

5 District of Columbia authorized pursuant to this section 

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

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

8 a special session without the consent of the defendant. 

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

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

11 are conducted pursuant to this section, the Superior Court 

12 may summon jurors— 

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

14 District of Columbia or, if jurors are not readily 

15 available from the District of Columbia, the jurisdic16 tion in which it is holding the special session; and 

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

18 District of Columbia or, if jurors are not readily 

19 available from the District of Columbia and if the de20 fendant so consents, the jurisdiction in which it is 

21 holding the special session. 

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

23 issues an order exercising its authority under subsection 

24 (a), the Court— 


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

2 Administration in the District of Columbia, shall 

3 send notice of such order, including the reasons for 

4 the issuance of such order, to the Committee on 

5 Homeland Security and Governmental Affairs of the 

6 Senate and the Committee on Government Reform of 

7 the House of Representatives; and 

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

9 States Marshals Service before the commencement of 

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

11 (2) CLERICAL AMENDMENT.—The table of con12 tents of chapter 9 of title 11, District of Columbia Of13 ficial Code, is amended by adding at the end of the 

14 items relating to subchapter I the following: 

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

15 SEC. 115. AUTHORITY OF COURT SERVICES AND OFFENDER 

16 SUPERVISION AGENCY TO USE SERVICES OF 

17 VOLUNTEERS. 

18 Section 11233 of the National Capital Revitalization 

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

20 133, D.C. Official Code) is amended by adding at the end 

21 the following new subsection: 

22 ‘‘(g) AUTHORITY TO USE SERVICES OF VOLUN23 TEERS.— 


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

2 independent entity within the Agency) may accept the 

3 services of volunteers and provide for their incidental 

4 expenses to carry out any activity of the Agency ex5 cept policy-making. 

6 ‘‘(2) APPLICABILITY OF WORKER’S COMPENSA7 TION RULES TO VOLUNTEERS.—Any volunteer whose 

8 services are accepted pursuant to this subsection shall 

9 be considered an employee of the United States Gov10 ernment in providing the services for purposes of 

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

12 compensation for work injuries) and chapter 11 of 

13 title 18, United States Code, relating to corruption 

14 and conflicts of interest.’’. 

15 SEC. 116. TECHNICAL CORRECTIONS RELATING TO COURTS. 

16 (a) IN GENERAL.—Section 329 of the District of Co17 lumbia Appropriations Act, 2005 (Public Law 108–335; 

18 118 Stat. 1345), is amended to read as follows: 

19 ‘‘SEC. 329. (a) APPROVAL OF BONDS BY JOINT COM20 MITTEE ON JUDICIAL ADMINISTRATION.—Section 11– 

21 1701(b), District of Columbia Official Code, is amended by 

22 striking paragraph (5). 

23 ‘‘(b) EXECUTIVE OFFICER.— 


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

2 Columbia Official Code, is amended to read as fol3 lows: 

4 ‘OATH OF EXECUTIVE OFFICER

5 ‘SEC. 11–1704. 

6 ‘The Executive Officer shall take an oath or affirma7 tion for the faithful and impartial discharge of the duties 

8 of that office.’. 

9 ‘‘(2) CLERICAL AMENDMENT.—The table of sec10 tions for chapter 17 of title 11, District of Columbia 

11 Official Code, is amended by amending the item re12 lating to section 11–1704 to read as follows: 

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

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

14 Columbia Official Code, is amended— 

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

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

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

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

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

20 Columbia Official Code, is amended by striking the second 

21 and third sentences. 

22 ‘‘(e) REGISTER OF WILLS.— 

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

24 Columbia Official Code, is amended— 

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


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

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

3 record’ and inserting ‘seasonably record’; and 

4 ‘‘(C) by striking the third sentence of sub5 section (a). 

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

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

8 21 of title 11, District of Columbia Official Code, is 

9 amended by striking ‘bond;’.’’. 

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

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

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

13 1728 to read as follows: 

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

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

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

16 the District of Columbia Appropriations Act, 2005. 

17 SEC. 117. INCLUSION OF COURT EMPLOYEES IN ENHANCED 

18 DENTAL AND VISION BENEFIT PROGRAM. 

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

20 States Code is amended— 

21 (1) in section 8951(1) by adding at the end the 

22 following: ‘‘and an employee of the District of Colum23 bia courts’’; 


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

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

4 (3) in section 9001(1) is amended— 

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

6 ‘‘and’’; 

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

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

9 and 

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

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

12 (b) D.C. CODE.—Section 11–1726, District of Colum13 bia Code, is amended— 

14 (1) in subsection (b)(1), by striking subpara15 graph (F) and inserting the following: 

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

17 dental benefits). 

18 ‘‘(G) Chapter 89B (relating to enhanced vi19 sion benefits). 

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

21 insurance).’’; and 

22 (2) in subsection (c)(1), by striking subpara23 graph (D) and inserting the following: 

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

25 dental benefits). 


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1 ‘‘(E) Chapter 89B (relating to enhanced vi2 sion benefits). 

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

4 insurance).’’. 

5 Subtitle C—Other Miscellaneous 

6 Technical Corrections 

7 SEC. 121. 2004 DISTRICT OF COLUMBIA OMNIBUS AUTHOR8 IZATION ACT. 

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

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

11 204.46(a), D.C. Official Code) is amended by striking ‘‘The 

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

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

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

15 (b) EFFECTIVE DATE.—The amendment made by sub16 section (a) shall take effect as if included in the enactment 

17 of the 2004 District of Columbia Omnibus Authorization 

18 Act. 

19 SEC. 122. DISTRICT OF COLUMBIA APPROPRIATIONS ACT, 

20 2005. 

21 (a) IN GENERAL.—Section 450A of the District of Co22 lumbia Home Rule Act (sec. 1–204.50A, D.C. Official 

23 Code), as amended by section 332 of the District of Colum24 bia Appropriations Act, 2005 (Public Law 108–335; 118 

25 Stat. 1346), is amended— 


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1 (1) in the heading of subsection (a)(2), by strik2 ing ‘‘IN GENERAL’’and inserting ‘‘OPERATING EX3 PENDITURES DEFINED’’; and 

4 (2) in the heading of subsection (b)(2), by strik5 ing ‘‘IN GENERAL’’ and inserting ‘‘OPERATING EX6 PENDITURES DEFINED’’. 

7 (b) EFFECTIVE DATE.—The amendments made by sub8 section (a) shall take effect as if included in the enactment 

9 of the District of Columbia Appropriations Act, 2005. 

10 SEC. 123. TECHNICAL AND CONFORMING AMENDMENTS RE11 LATING TO BANKS OPERATING UNDER THE 

12 CODE OF LAW FOR THE DISTRICT OF COLUM13 BIA. 

14 (a) FEDERAL RESERVE ACT.— 

15 (1) The second undesignated paragraph of the 

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

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

18 purposes of this Act, a State bank includes any bank 

19 which is operating under the Code of Law for the Dis20 trict of Columbia.’’. 

21 (2) The first sentence of the first undesignated 

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

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

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1 porated by special law of any State, operating under 

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

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

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

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

6 inserting ‘‘means any national’’; and 

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

8 company located in the District of Columbia and op9 erating under the supervision of the Comptroller of 

10 the Currency’’. 

11 (c) DEPOSITORY INSTITUTION DEREGULATION AND

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

13 of the Depository Institution Deregulation and Monetary 

14 Control Act of 1980 is amended— 

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

16 216(1)) by striking ‘‘and closed banks in the District 

17 of Columbia’’; and 

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

19 216a(2)) by striking ‘‘or closed banks in the District 

20 of Columbia’’. 

21 (d) FEDERAL DEPOSIT INSURANCE ACT.—Section 

22 3(a)(2)(B) of the Federal Deposit Insurance Act(12 U.S.C. 

23 1813(a)(2)(B)) is amended by striking ‘‘(except a national 

24 bank)’’. 


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1 (e) NATIONAL BANK CONSOLIDATION AND MERGER

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

3 Merger Act(12 U.S.C. 215b(1)) is amended by striking ‘‘(ex4 cept a national banking association located in the District 

5 of Columbia)’’. 

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

7 Act entitled ‘‘An Act to provide for the conversion of na8 tional banking associations into and their merger or con9 solidation with State banks, and for other purposes’’ and 

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

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

12 (g) FEDERAL TRADE COMMISSION ACT.—Section 

13 18(f)(2) of the Federal Trade Commission Act(15 U.S.C. 

14 57a(f)(2)) is amended— 

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

16 operating under the code of law for the District of Co17 lumbia,’’; and 

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

19 operating under the code of law for the District of Co20 lumbia’’. 

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

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

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

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


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1 SEC. 125. GIFTS TO LIBRARIES. 

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

3 108–7 in amended by inserting ‘‘and the District of Colum4 bia Public Libraries’’ before the period. 

5 TITLE II—INDEPENDENCE OF 

6 THE CHIEF FINANCIAL OFFICER 

7 SEC. 201. PROMOTING INDEPENDENCE OF CHIEF FINAN8 CIAL OFFICER. 

9 (a) IN GENERAL.—Section 424 of the District of Co10 lumbia Home Rule Act (sec. 1–204.24a et seq., D.C. Official 

11 Code) is amended to read as follows: 

12 ‘‘CHIEF FINANCIAL OFFICER OF THE DISTRICT OF

13 COLUMBIA

14 ‘‘SEC. 424. (a) IN GENERAL.— 

15 ‘‘(1) ESTABLISHMENT.—There is hereby estab16 lished within the executive branch of the government 

17 of the District of Columbia an Office of the Chief Fi18 nancial Officer of the District of Columbia (hereafter 

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

20 the Chief Financial Officer of the District of Colum21 bia (hereafter referred to as the ‘Chief Financial Offi22 cer’). 

23 ‘‘(2) ORGANIZATIONAL ANALYSIS.— 

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

25 The name of the Office of Budget and Manage26 ment, established by Commissioner’s Order 69– 


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1 96, issued March 7, 1969, is changed to the Of2 fice of Budget and Planning. 

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

4 name of the Department of Finance and Rev5 enue, established by Commissioner’s Order 69– 

6 96, issued March 7, 1969, is changed to the Of7 fice of Tax and Revenue. 

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

9 The name of the Office of Treasurer, established 

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

11 1989, is changed to the Office of Finance and 

12 Treasury. 

13 ‘‘(D) OFFICE OF FINANCIAL OPERATIONS

14 AND SYSTEMS.—The Office of the Controller, es15 tablished by Mayor’s Order 89–243, dated Octo16 ber 23, 1989, and the Office of Financial Infor17 mation Services, established by Mayor’s Order 

18 89–244, dated October 23, 1989, are consolidated 

19 into the Office of Financial Operations and Sys20 tems. 

21 ‘‘(3) TRANSFERS.—Effective with the appoint22 ment of the first Chief Financial Officer under sub23 section (b), the functions and personnel of the fol24 lowing offices are established as subordinate offices 

25 within the Office: 


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

2 headed by the Deputy Chief Financial Officer for 

3 the Office of Budget and Planning. 

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

5 by the Deputy Chief Financial Officer for the Of6 fice of Tax and Revenue. 

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

8 headed by the Deputy Chief Financial Officer for 

9 the Office of Research and Analysis. 

10 ‘‘(D) The Office of Financial Operations 

11 and Systems, headed by the Deputy Chief Finan12 cial Officer for the Office of Financial Oper13 ations and Systems. 

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

15 headed by the District of Columbia Treasurer. 

16 ‘‘(F) The Lottery and Charitable Games 

17 Control Board, established by the Law to Legal18 ize Lotteries, Daily Numbers Games, and Bingo 

19 and Raffles for Charitable Purposes in the Dis20 trict of Columbia, effective March 10, 1981 (D.C. 

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

22 ‘‘(4) SUPERVISOR.—The heads of the offices list23 ed in paragraph (3) of this section shall serve at the 

24 pleasure of the Chief Financial Officer. 


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1 ‘‘(5) APPOINTMENT AND REMOVAL OF OFFICE

2 EMPLOYEES.—The Chief Financial Officer shall ap3 point the heads of the subordinate offices designated 

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

5 and the Council. The Chief Financial Officer may re6 move the heads of the offices designated in paragraph 

7 (3), after consultation with the Mayor and the Coun8 cil. 

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

10 Financial Officer shall prepare and annually submit 

11 to the Mayor of the District of Columbia, for inclu12 sion in the annual budget of the District of Columbia 

13 government for a fiscal year, annual estimates of the 

14 expenditures and appropriations necessary for the 

15 year for the operation of the Office and all other Dis16 trict of Columbia accounting, budget, and financial 

17 management personnel (including personnel of execu18 tive branch independent agencies) that report to the 

19 Office pursuant to this Act. 

20 ‘‘(b) APPOINTMENT OF THE CHIEF FINANCIAL OFFI21 CER.— 

22 ‘‘(1) APPOINTMENT.— 

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

24 Officer shall be appointed by the Mayor with the 

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


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1 Upon confirmation by the Council, the name of 

2 the Chief Financial Officer shall be submitted to 

3 the Committees on Appropriations of the House 

4 of Representatives and Senate, the Committee on 

5 Government Reform of the House of Representa6 tives, and the Committee on Homeland Security 

7 and Governmental Affairs of the Senate for a 30- 

8 day period of review and comment before the ap9 pointment takes effect. 

10 ‘‘(B) SPECIAL RULE FOR CONTROL

11 YEARS.—During a control year, the Chief Finan12 cial Officer shall be appointed by the Mayor as 

13 follows: 

14 ‘‘(i) Prior to the appointment, the Au15 thority may submit recommendations for 

16 the appointment to the Mayor. 

17 ‘‘(ii) In consultation with the Author18 ity and the Council, the Mayor shall nomi19 nate an individual for appointment and no20 tify the Council of the nomination. 

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

22 period which begins on the date the Mayor 

23 notifies the Council of the nomination 

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

25 Authority of the nomination. 


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1 ‘‘(iv) The nomination shall be effective 

2 subject to approval by a majority vote of the 

3 Authority. 

4 ‘‘(2) TERM.— 

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

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

7 years, except for appointments made for the re8 mainder of unexpired terms. The appointments 

9 shall have an anniversary date of July 1. 

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

11 section, the individual serving as Chief Finan12 cial Officer as of the date of enactment of the 

13 2005 District of Columbia Omnibus Authoriza14 tion Act shall be deemed to have been appointed 

15 under this subsection, except that such individ16 ual’s initial term of office shall begin upon such 

17 date and shall end on June 30, 2007. 

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

19 Officer may continue to serve beyond his term 

20 until a successor takes office. 

21 ‘‘(D) VACANCIES.—Any vacancy in the Of22 fice of Chief Financial Officer shall be filled in 

23 the same manner as the original appointment 

24 under paragraph (1). 


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

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

3 of basic pay payable for level I of the Executive 

4 Schedule. 

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

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

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

8 to the approval of the Council by a resolution approved by not fewer than 2 9 ⁄3 of the members of the 

10 Council. After approval of the resolution by the Coun11 cil, notice of the removal shall be submitted to the 

12 Committees on Appropriations of the House of Rep13 resentatives and Senate, the Committee on Govern14 ment Reform of the House of Representatives, and the 

15 Committee on Homeland Security and Governmental 

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

17 and comment before the removal takes effect. 

18 ‘‘(2) SPECIAL RULE FOR CONTROL YEARS.—Dur19 ing a control year, the Chief Financial Officer may 

20 be removed for cause by the Authority or by the 

21 Mayor with the approval of the Authority. 

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

23 Notwithstanding any provisions of this Act which grant au24 thority to other entities of the District government, the Chief 


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1 Financial Officer shall have the following duties and shall 

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

3 ‘‘(1) During a control year, preparing the finan4 cial plan and the budget for the use of the Mayor for 

5 purposes of subtitle A of title II of the District of Co6 lumbia Financial Responsibility and Management 

7 Assistance Act of 1995. 

8 ‘‘(2) Preparing the budgets of the District of Co9 lumbia for the year for the use of the Mayor for pur10 poses of part D and preparing the 5-year financial 

11 plan based upon the adopted budget for submission 

12 with the District of Columbia budget by the Mayor to 

13 Congress. 

14 ‘‘(3) During a control year, assuring that all fi15 nancial information presented by the Mayor is pre16 sented in a manner, and is otherwise consistent with, 

17 the requirements of the District of Columbia Finan18 cial Responsibility and Management Assistance Act of 

19 1995. 

20 ‘‘(4) Implementing appropriate procedures and 

21 instituting such programs, systems, and personnel 

22 policies within the Chief Financial Officer’s author23 ity, to ensure that budget, accounting, and personnel 

24 control systems and structures are synchronized for 


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1 budgeting and control purposes on a continuing basis 

2 and to ensure that appropriations are not exceeded. 

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

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

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

7 District of Columbia (without regard to the 

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

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

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

13 the Mayor and the Council may prepare the 

14 budget based on estimates of revenues which are 

15 lower than those prepared by the Chief Financial 

16 Officer; and 

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

18 of the District of Columbia during the year. 

19 ‘‘(6) Supervising and assuming responsibility for 

20 financial transactions to ensure adequate control of 

21 revenues and resources. 

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

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

25 of the activities of the District government; 


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1 ‘‘(B) adequate financial information needed 

2 by the District government for management pur3 poses; 

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

6 of the District of Columbia; and 

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

8 the basis for preparing and supporting agency 

9 budget requests and controlling the execution of 

10 the budget. 

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

14 ‘‘(9) Supervising and assuming responsibility for 

15 the assessment of all property subject to assessment 

16 and special assessments within the corporate limits of 

17 the District of Columbia for taxation, preparing tax 

18 maps, and providing such notice of taxes and special 

19 assessments (as may be required by law). 

20 ‘‘(10) Supervising and assuming responsibility 

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

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

24 and receiving all amounts paid to the District of Co25 lumbia from any source (including the Authority). 


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

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

4 government), and depositing all amounts paid in 

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

7 Authority during a control year). 

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

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

12 notes of the District government and the receipt and 

13 delivery of District government bonds and notes for 

14 transfer, registration, or exchange. 

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

17 obligation so as to prevent obligation or expenditure 

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

19 need for supplemental appropriations during the 

20 year, and (with respect to appropriations and funds 

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

23 appropriations) apportioning the total of such appro24 priations, funds, or authorizations in the most effec25 tive and economical manner. 


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1 ‘‘(14) Certifying all contracts and leases (wheth2 er directly or through delegation) prior to execution 

3 as to the availability of funds to meet the obligations 

4 expected to be incurred by the District government 

5 under such contracts and leases during the year. 

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

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

8 and instrumentalities of the District government. 

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

14 claims, demands, or charges. 

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

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

18 District government, including the examination of 

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

23 District government. 


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

3 Treasurer. 

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

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

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

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

14 the retirement system for police officers, fire fighters, 

15 and teachers). 

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

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

19 and monthly financial reports of the accounting and 

20 financial operations of the District government. 

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

22 each fiscal year, preparing the complete financial 

23 statement and report on the activities of the District 

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

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


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1 ‘‘(25) Preparing fiscal impact statements on reg2 ulations, multiyear contracts, contracts over 

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

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

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

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

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

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

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

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

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

20 Treasurer shall have the following duties: 

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

23 including submitting annual and quarterly reports 

24 concerning the cash position of the District govern25 ment not later than 60 days after the last day of the 


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1 quarter (or year) involved. Each such report shall in2 clude the following: 

3 ‘‘(A) Comparative reports of revenue and 

4 other receipts by source, including tax, nontax, 

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

7 Each source shall be broken down into specific 

8 components. 

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

11 year, including receipts, disbursements, net 

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

15 statements shall reflect the actual, planned, better 

16 or worse dollar amounts and the percentage 

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

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

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

22 beginning balance, cash and investment, and the 

23 ending balance, inclusive of cash and investment 

24 with respect to the actual dollar amounts for the 


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1 quarter or year, and projected dollar amounts 

2 for each of the 3 succeeding quarters. 

3 ‘‘(D) Monthly reports reflecting a detailed 

4 summary analysis of all District of Columbia 

5 government investments, including— 

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

8 ‘‘(ii) a detailed summary analysis of 

9 investments by type and amount, including 

10 purchases, sales (maturities), and interest; 

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

14 similar information; 

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

17 and projects of investment activity, as well 

18 as forecasts of future investment strategies 

19 based on anticipated market conditions, 

20 and similar information; and 

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

22 including— 

23 ‘‘(I) comparisons of budgeted per24 centages of total cash to be invested 


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1 with actual percentages of cash in2 vested and the dollar amounts; 

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

7 of Columbia government yield objec8 tives; and 

9 ‘‘(III) comparisons of estimated 

10 dollar return against actual dollar 

11 yield. 

12 ‘‘(E) Monthly reports reflecting a detailed 

13 summary analysis of long-term and short-term 

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

16 amount of debt for each succeeding fiscal year 

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

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

20 type of instrument; 

21 ‘‘(ii) the amount of authorized and 

22 unissued debt, including availability of 

23 short-term lines of credit, United States 

24 Treasury borrowings, and similar informa25 tion; 


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

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

3 the debt; and 

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

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

7 Financial Officer under subsection (d) as the Chief 

8 Financial Officer may delegate. 

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

10 sections 424a and 424b)— 

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

12 Columbia Financial Responsibility and Management 

13 Assistance Authority established under section 101(a) 

14 of the District of Columbia Financial Responsibility 

15 and Management Assistance Act of 1995; 

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

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

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

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

20 Act.’’. 

21 (b) CLARIFICATION OF DUTIES OF CHIEF FINANCIAL

22 OFFICER AND MAYOR.— 

23 (1) RELATION TO FINANCIAL DUTIES OF

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

25 204.48(a), D.C. Official Code) is amended by striking 


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

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

3 (2) RELATION TO MAYOR’S DUTIES REGARDING

4 ACCOUNTING SUPERVISION AND CONTROL.—Section 

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

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

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

8 the Mayor’’. 

9 SEC. 202. PERSONNEL AUTHORITY. 

10 (a) PROVIDING INDEPENDENT PERSONNEL AUTHOR11 ITY.— 

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

15 ‘‘AUTHORITY OF CHIEF FINANCIAL OFFICER OVER

16 PERSONNEL OF OFFICE AND OTHER FINANCIAL PERSONNEL

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

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

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

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

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

24 shall act under the direction and control of the Chief Finan25 cial Officer of the District of Columbia, and shall be consid26 ered at-will employees not covered by the District of ColumVerDate Aug 31 2005 02:33 Jul 26, 2006 Jkt 049200 PO 00000 Frm 00104 Fmt 6652 Sfmt 6203 E:\BILLS\H3508.RS H3508

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1 bia Merit Personnel Act of 1978, except that nothing in this 

2 section may be construed to prohibit the Chief Financial 

3 Officer from entering into a collective bargaining agreement 

4 governing such employees and personnel or to prohibit the 

5 enforcement of such an agreement as entered into by the 

6 Chief Financial Officer. 

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

8 subsection are as follows: 

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

10 Officer and all other attorneys in the Office of the 

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

13 all other personnel of the Office. 

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

15 attorneys by the Chief Financial Officer or any office 

16 under the personnel authority of the Chief Financial 

17 Officer, each of whom shall act under the direction 

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

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

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

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

24 Agency Fiscal Officers, and Associate Chief Financial 

25 Officers of all District of Columbia executive branch 


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1 subordinate and independent agencies (in accordance 

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

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

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

7 District government). 

8 ‘‘(c) APPOINTMENT OF CERTAIN EXECUTIVE BRANCH

9 AGENCY CHIEF FINANCIAL OFFICERS.— 

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

11 and Associate Chief Financial Officers of all District 

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

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

16 where applicable. The appointment shall be made 

17 from a list of qualified candidates developed by the 

18 Chief Financial Officer. 

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

20 Chief Financial Officer appointed prior to the date of 

21 enactment of the 2005 District of Columbia Omnibus 

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

24 ‘‘(d) INDEPENDENT AUTHORITY OVER LEGAL PER25 SONNEL.—Title VIII–B of the District of Columbia GovernVerDate Aug 31 2005 02:33 Jul 26, 2006 Jkt 049200 PO 00000 Frm 00106 Fmt 6652 Sfmt 6203 E:\BILLS\H3508.RS H3508

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1 ment Comprehensive Merit Personnel Act of 1978 (sec. 1– 

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

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

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

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

8 following new item: 

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

other financial personnel.’’. 

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

10 District of Columbia Government Comprehensive Merit 

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

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

13 SEC. 203. PROCUREMENT AUTHORITY. 

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

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

19 end the following new section: 

20 ‘‘PROCUREMENT AUTHORITY OF THE CHIEF FINANCIAL

21 OFFICER

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

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

24 Chief Financial Officer through a procurement office or diVerDate Aug 31 2005 03:38 Jul 26, 2006 Jkt 049200 PO 00000 Frm 00107 Fmt 6652 Sfmt 6203 E:\BILLS\H3508.RS H3508

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1 vision which shall operate independently of, and shall not 

2 be governed by, the Office of Contracting and Procurement 

3 established under the District of Columbia Procurement 

4 Practices Act of 1986 or any successor office, except the pro5 visions applicable under such Act to procurement carried 

6 out by the Chief Procurement Officer established by section 

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

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

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

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

13 further amended by adding at the end following new 

14 item: 

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

15 (b) CONFORMING AMENDMENTS.— 

16 (1) PROCUREMENT PRACTICES ACT.—Section 

17 104 of the District of Columbia Procurement Prac18 tices Act of 1985 (sec. 2–301.04, D.C. Official Code) 

19 is amended— 

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

21 District of Columbia Financial Responsibility 

22 and Management Assistance Authority’’ and in23 serting the following: ‘‘the District of Columbia 

24 Financial Responsibility and Management As25 sistance Authority, and (to the extent described 


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1 in section 424b of the District of Columbia Home 

2 Rule Act) the Office of the Chief Financial Offi3 cer of the District of Columbia’’; and 

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

5 and third sentences. 

6 (2) OTHER CONFORMING AMENDMENT.—Section 

7 132 of the District of Columbia Appropriations Act, 

8 2006 (Public Law 109–115) is hereby repealed. 

9 (c) EFFECTIVE DATE.—This section and the amend10 ments made by this section shall take effect 6 months after 

11 the date of enactment of this Act. 

12 SEC. 204. FISCAL IMPACT STATEMENTS. 

13 The General Legislative Procedures Act of 1975 (sec. 

14 1–301.45 et seq., D.C. Official Code) is amended by adding 

15 at the end the following new section: 

16 ‘‘FISCAL IMPACT STATEMENTS

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

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

19 law, except as provided in subsection (c), all perma20 nent bills and resolutions shall be accompanied by a 

21 fiscal impact statement before final adoption by the 

22 Council. 

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

24 shall include the estimate of the costs which will be 

25 incurred by the District as a result of the enactment 

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


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

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

3 estimate. 

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

5 acts which are accompanied by fiscal impact statements 

6 which reflect unbudgeted costs, shall be subject to appropria7 tions prior to becoming effective. 

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

9 to emergency declaration, ceremonial, confirmation, and 

10 sense of the Council resolutions.’’. 

11 TITLE III—AUTHORIZATION OF 

12 CERTAIN GENERAL APPRO13 PRIATIONS PROVISIONS 

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

15 OFFENDER SUPERVISION AGENCY. 

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

17 of the National Capital Revitalization and Self-Government 

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

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

20 paragraphs: 

21 ‘‘(3) ACCEPTANCE OF GIFTS.— 

22 ‘‘(A) AUTHORITY TO ACCEPT GIFTS.—Dur23 ing fiscal years 2006 through 2008, the Director 

24 may accept and use gifts in the form of— 


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

2 hospitality to support offender and defend3 ant programs; and 

4 ‘‘(ii) equipment and vocational train5 ing services to educate and train offenders 

6 and defendants. 

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

8 accurate and detailed records of the acceptance 

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

10 and shall make such records available for audit 

11 and public inspection. 

12 ‘‘(4) REIMBURSEMENT FROM DISTRICT GOVERN13 MENT.—During fiscal years 2006 through 2008, the 

14 Director may accept and use reimbursement from the 

15 District government for space and services provided, 

16 on a cost reimbursable basis.’’. 

17 (b) AUTHORITY OF PUBLIC DEFENDER SERVICE TO

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

19 District of Columbia Court Reform and Criminal Proce20 dure Act of 1970 (sec. 2–1607, D.C. Official Code) is 

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

22 ‘‘(d) During fiscal years 2006 through 2008, the Serv23 ice may charge fees to cover the costs of materials distrib24 uted to attendees of educational events, including con25 ferences, sponsored by the Service. Notwithstanding section 


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1 3302 of title 31, United States Code, any amounts received 

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

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

4 SEC. 302. EVALUATION PROCESS FOR PUBLIC SCHOOL EM5 PLOYEES. 

6 Title XVII of the District of Columbia Merit Personnel 

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

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

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

10 EMPLOYEES. 

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

12 regulation, during fiscal year 2006 and each succeeding fis13 cal year the evaluation process and instruments for evalu14 ating District of Columbia Public Schools employees shall 

15 be a non-negotiable item for collective bargaining pur16 poses.’’. 

17 SEC. 303. CLARIFICATION OF APPLICATION OF PAY PROVI18 SIONS OF MERIT PERSONNEL SYSTEM TO ALL 

19 DISTRICT EMPLOYEES. 

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

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

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

23 amended by striking ‘‘The system may provide’’ and insert24 ing the following: ‘‘The system shall apply with respect to 

25 the compensation of employees of the District government 


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1 during fiscal year 2006 and each succeeding fiscal year, ex2 cept that the system may provide’’. 

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

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

5 end the following new subsection: 

6 ‘‘(e) Except as may be specifically provided, this chap7 ter does not apply for pay purposes to any employee of the 

8 government of the District of Columbia during fiscal year 

9 2006 or any succeeding fiscal year.’’. 

10 SEC. 304. CRITERIA FOR RENEWING OR EXTENDING SOLE 

11 SOURCE CONTRACTS. 

12 Section 305 of the District of Columbia Procurement 

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

14 is amended by adding at the end the following new sub15 section: 

16 ‘‘(b) During fiscal years 2006 through 2008, a procure17 ment contract awarded through noncompetitive negotia18 tions in accordance with subsection (a) may be renewed or 

19 extended only if the Chief Financial Officer of the District 

20 of Columbia reviews the contract and certifies that the con21 tract was renewed or extended in accordance with duly pro22 mulgated rules and procedures.’’. 


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1 SEC. 305. ACCEPTANCE OF GRANT AMOUNTS NOT IN2 CLUDED IN ANNUAL BUDGET. 

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

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

5 of Columbia Home Rule Act (sec. 1–204.41 et seq., D.C. Of6 ficial Code), as amended by section 101(a), is amended by 

7 inserting after section 446A the following new section: 

8 ‘‘ACCEPTANCE OF GRANT AMOUNTS NOT INCLUDED IN

9 ANNUAL BUDGET

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

11 AND EXPEND AMOUNTS.—Notwithstanding the fourth sen12 tence of section 446, the Mayor, in consultation with the 

13 Chief Financial Officer of the District of Columbia may ac14 cept, obligate, and expend Federal, private, and other 

15 grants received by the District government that are not re16 flected in the budget approved by Act of Congress as pro17 vided in such section. 

18 ‘‘(b) CONDITIONS.— 

19 ‘‘(1) ROLE OF CHIEF FINANCIAL OFFICER; AP20 PROVAL BY COUNCIL.—No Federal, private, or other 

21 grant may be accepted, obligated, or expended pursu22 ant to subsection (a) until— 

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

24 the Council a report setting forth detailed infor25 mation regarding such grant; and 


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1 ‘‘(B) the Council has reviewed and ap2 proved the acceptance, obligation, and expendi3 ture of such grant. 

4 ‘‘(2) DEEMED APPROVAL BY COUNCIL.—For pur5 poses of paragraph (1)(B), the Council shall be 

6 deemed to have reviewed and approved the acceptance, 

7 obligation, and expenditure of a grant if— 

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

9 filed with the Secretary of the Council within 14 

10 calendar days of the receipt of the report from 

11 the Chief Financial Officer under paragraph 

12 (1)(A); or 

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

14 within such deadline, the Council does not by 

15 resolution disapprove the acceptance, obligation, 

16 or expenditure of the grant within 30 calendar 

17 days of the initial receipt of the report from the 

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

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

20 ANTICIPATION OF RECEIPT OR APPROVAL.—No amount 

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

22 funds of the District of Columbia government in anticipa23 tion of the approval or receipt of a grant under subsection 

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


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1 Federal, private, or other grant not subject to such sub2 section. 

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

4 Financial Officer may adjust the budget for Federal, pri5 vate, and other grants received by the District government 

6 reflected in the amounts provided in the budget approved 

7 by Act of Congress under section 446, or approved and re8 ceived under subsection (b)(2) to reflect a change in the ac9 tual amount of the grant. 

10 ‘‘(e) REPORTS.—The Chief Financial Officer shall pre11 pare a quarterly report setting forth detailed information 

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

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

14 Council and to the Committees on Appropriations of the 

15 House of Representatives and Senate not later than 15 days 

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

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

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

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

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

21 as amended by section 101(b), is amended by inserting ‘‘sec22 tion 446B,’’ after ‘‘section 446A,’’. 

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

24 such Act, as amended by section 101(c), is amended by inVerDate Aug 31 2005 02:33 Jul 26, 2006 Jkt 049200 PO 00000 Frm 00116 Fmt 6652 Sfmt 6203 E:\BILLS\H3508.RS H3508

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1 serting after the item relating to section 446A the following 

2 new item: 

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

3 SEC. 306. STANDARDS FOR ANNUAL INDEPENDENT AUDIT. 

4 Section 448 of the District of Columbia Home Rule 

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

6 (1) in subsection (a)(4), by striking the semi7 colon at the end and inserting the following: ‘‘, as au8 dited by the Inspector General of the District of Co9 lumbia in accordance with subsection (c) in the case 

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

11 (2) by adding at the end the following new sub12 section: 

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

14 year prepared and submitted for purposes of subsection 

15 (a)(4) shall be audited by the Inspector General of the Dis16 trict of Columbia (in coordination with the Chief Financial 

17 Officer of the District of Columbia) pursuant to section 

18 208(a)(4) of the District of Columbia Procurement Prac19 tices Act of 1985, and shall include as a basic financial 

20 statement a comparison of audited actual year-end results 

21 with the revenues submitted in the budget document for such 

22 year and the appropriations enacted into law for such year 

23 using the format, terminology, and classifications contained 

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

25 legislative history.’’. 


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1 SEC. 307. USE OF FINES IMPOSED FOR VIOLATION OF TRAF2 FIC ALCOHOL LAWS FOR ENFORCEMENT AND 

3 PROSECUTION OF LAWS. 

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

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

6 amended to read as follows: 

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

8 fines imposed and collected pursuant to this subsection dur9 ing fiscal year 2006 and each succeeding fiscal year shall 

10 be transferred to the General Fund of the District of Colum11 bia, shall be used by the District of Columbia exclusively 

12 for the enforcement and prosecution of the District traffic 

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

14 SEC. 308. CERTIFICATIONS FOR ATTORNEYS IN CASES 

15 BROUGHT UNDER INDIVIDUALS WITH DIS16 ABILITIES EDUCATION ACT. 

17 (a) RESPONSIBILITIES OF CHIEF FINANCIAL OFFI18 CER.—Section 424(d) of the District of Columbia Home 

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

20 by section 201(a), is amended by adding at the end the fol21 lowing new paragraph: 

22 ‘‘(28) With respect to attorneys in special edu23 cation cases brought under the Individuals with Dis24 abilities Education Act in the District of Columbia 

25 during fiscal year 2006 and each succeeding fiscal 

26 year— 


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

2 writing that the attorney or representative of the 

3 attorney rendered any and all services for which 

4 the attorney received an award in such a case, 

5 including those received under a settlement 

6 agreement or as part of an administrative pro7 ceeding, from the District of Columbia; 

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

9 the certification under subparagraph (A), to dis10 close any financial, corporate, legal, membership 

11 on boards of directors, or other relationships 

12 with any special education diagnostic services, 

13 schools, or other special education service pro14 viders to which the attorneys have referred any 

15 clients in any such cases; and 

16 ‘‘(C) preparing and submitting quarterly 

17 reports to the Committees on Appropriations of 

18 the House of Representatives and Senate on the 

19 certification of and the amount paid by the gov20 ernment of the District of Columbia, including 

21 the District of Columbia Public Schools, to such 

22 attorneys.’’. 

23 (b) INVESTIGATIONS BY INSPECTOR GENERAL.—Sec24 tion 208(a)(3) of the District of Columbia Procurement 

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


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

2 subparagraph: 

3 ‘‘(J) During fiscal year 2006 and each succeeding fis4 cal year, conduct investigations to determine the accuracy 

5 of certifications made to the Chief Financial Officer of the 

6 District of Columbia under section 424(d)(28) of the Dis7 trict of Columbia Home Rule Act of attorneys in special 

8 education cases brought under the Individuals with Disabil9 ities Education Act in the District of Columbia.’’. 


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Calendar No. 534 

109TH CONGRESS 

2D SESSION H. R. 3508 

AN ACT 

To authorize improvements in the operation of the 

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

JULY 25, 2006 

Reported with an amendment 


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