IIB 

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 

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, 
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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

3 ‘‘2005 District of Columbia Omnibus Authorization Act’’. 

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

5 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—GOVERNANCE OF DISTRICT OF COLUMBIA 

Subtitle A—General District of Columbia Governance 

Sec. 101. Budget flexibility. 

Sec. 102. Additional authority to allocate amounts in Reserve Funds. 

Sec. 103. Permitting General Services Administration to obtain space and services on behalf of District of Columbia Public Defender Service. 

Sec. 104. Authority to enter into Interstate Insurance Product Regulation 

Compact. 

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. 
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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.— 

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

2 6 percent, in the case of any other amounts allo3 cated under the budget. 

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

5 obligate and expend any increase in the amount of funds 

6 authorized under this section only in accordance with the 

7 following conditions: 

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

9 of Columbia shall certify— 

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

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

12 anticipated to have a negative impact on the 

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

14 the District. 

15 ‘‘(2) The amounts shall be obligated and ex16 pended in accordance with laws enacted by the 

17 Council of the District of Columbia in support of 

18 each such obligation and expenditure, consistent 

19 with any other requirements under law. 

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

21 agencies of the District government operating under 

22 court-ordered receivership. 

23 ‘‘(4) The amounts may not be obligated or ex24 pended unless the Mayor has notified the Commit25 tees on Appropriations of the House of Representa-
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1 tives and Senate, the Committee on Government Re2 form of the House of Representatives, and the Com3 mittee on Homeland Security and Governmental Af4 fairs of the Senate not fewer than 30 days in ad5 vance of the obligation or expenditure. 

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

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

8 (b) CONFORMING AMENDMENT.—The fourth sen9 tence of section 446 of such Act (sec. 1–204.46, D.C. Offi10 cial Code) is amended by inserting ‘‘section 446A,’’ after 

11 ‘‘section 445A(b),’’. 

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

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

14 to section 446 the following new item: 

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

a fiscal year.’’. 

15 SEC. 102. ADDITIONAL AUTHORITY TO ALLOCATE AMOUNTS 

16 IN RESERVE FUNDS. 

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

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

19 Code) is amended— 

20 (1) by redesignating subsection (c) as sub21 section (d); and 

22 (2) by inserting after subsection (b) the fol23 lowing new subsection: 
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1 ‘‘(c) ADDITIONAL AUTHORITYTO ALLOCATE

2 AMOUNTS.— 

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

4 provision of this section, in addition to the authority 

5 provided under this section to allocate and use 

6 amounts from the emergency reserve fund under 

7 subsection (a) and the contingency reserve fund 

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

9 allocate amounts from such funds during a fiscal 

10 year and use such amounts for cash flow manage11 ment purposes. 

12 ‘‘(2) LIMITS ON AMOUNT ALLOCATED.— 

13 ‘‘(A) AMOUNT OF INDIVIDUAL ALLOCA14 TION.—The amount of an allocation made from 

15 the emergency reserve fund or the contingency 

16 reserve fund pursuant to the authority of this 

17 subsection may not exceed 50 percent of the 

18 balance of the fund involved at the time the al19 location is made. 

20 ‘‘(B) AGGREGATE AMOUNT ALLOCATED.— 

21 The aggregate amount allocated from the emer22 gency reserve fund or the contingency reserve 

23 fund pursuant to the authority of this sub24 section during a fiscal year may not exceed 50 
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1 percent of the balance of the fund involved as 

2 of the first day of such fiscal year. 

3 ‘‘(3) REPLENISHMENT.—If the District of Co4 lumbia allocates any amounts from a reserve fund 

5 pursuant to the authority of this subsection during 

6 a fiscal year, the District shall fully replenish the 

7 fund for the amounts allocated not later than the 

8 earlier of— 

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

10 which begins on the date the allocation is made; 

11 or 

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

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

14 apply with respect to fiscal years 2006 through 

15 2007.’’. 

16 (b) SPECIAL RULE FOR TIMING OF REPLENISHMENT

17 AFTER SUBSEQUENT ALLOCATION.— 

18 (1) EMERGENCYRESERVE FUND.—Section 

19 450A(a)(7) of such Act (sec. 1–204.50A(a)(7), D.C. 

20 Official Code) is amended— 

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

22 The District of Columbia’’ and inserting the fol23 lowing: 

24 ‘‘(7) REPLENISHMENT.— 
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1 ‘‘(A) IN GENERAL.—The District of Co2 lumbia’’; and 

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

4 subparagraph: 

5 ‘‘(B) SPECIAL RULE FOR REPLENISHMENT

6 AFTER ALLOCATION FOR CASH FLOW MANAGE7 MENT.— 

8 ‘‘(i) IN GENERAL.—If the District al9 locates amounts from the emergency re10 serve fund during a fiscal year for cash 

11 flow management purposes pursuant to the 

12 authority of subsection (c) and at any time 

13 afterwards during the year makes a subse14 quent allocation from the fund for pur15 poses of this subsection, and if as a result 

16 of the subsequent allocation the balance of 

17 the fund is reduced to an amount which is 

18 less than 50 percent of the balance of the 

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

20 the District shall replenish the fund by 

21 such amount as may be required to restore 

22 the balance to an amount which is equal to 

23 50 percent of the balance of the fund as of 

24 the first day of the fiscal year. 
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1 ‘‘(ii) DEADLINE.—The District shall 

2 carry out any replenishment required 

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

4 allocation described in such clause not 

5 later than the expiration of the 60-day pe6 riod which begins on the date of the subse7 quent allocation.’’. 

8 (2) CONTINGENCYRESERVE FUND.—Section 

9 450A(b)(6) of such Act (sec. 1–204.50A(b)(6), D.C. 

10 Official Code) is amended— 

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

12 The District of Columbia’’ and inserting the fol13 lowing: 

14 ‘‘(6) REPLENISHMENT.— 

15 ‘‘(A) IN GENERAL.—The District of Co16 lumbia’’; and 

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

18 subparagraph: 

19 ‘‘(B) SPECIAL RULE FOR REPLENISHMENT

20 AFTER ALLOCATION FOR CASH FLOW MANAGE21 MENT.— 

22 ‘‘(i) IN GENERAL.—If the District al23 locates amounts from the contingency re24 serve fund during a fiscal year for cash 

25 flow management purposes pursuant to the 
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1 authority of subsection (c) and at any time 

2 afterwards during the year makes a subse3 quent allocation from the fund for pur4 poses of this subsection, and if as a result 

5 of the subsequent allocation the balance of 

6 the fund is reduced to an amount which is 

7 less than 50 percent of the balance of the 

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

9 the District shall replenish the fund by 

10 such amount as may be required to restore 

11 the balance to an amount which is equal to 

12 50 percent of the balance of the fund as of 

13 the first day of the fiscal year. 

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

15 carry out any replenishment required 

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

17 allocation described in such clause not 

18 later than the expiration of the 60-day pe19 riod which begins on the date of the subse20 quent allocation.’’. 
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1 SEC. 103. PERMITTING GENERAL SERVICES ADMINISTRA2 TION TO OBTAIN SPACE AND SERVICES ON 

3 BEHALF OF DISTRICT OF COLUMBIA PUBLIC 

4 DEFENDER SERVICE. 

5 (a) AUTHORITYTO OBTAIN SPACE AND SERVICES.— 

6 At the request of the Director of the District of Columbia 

7 Public Defender Service, the Administrator of General 

8 Services may furnish space and services on behalf of the 

9 Service (either directly by providing space and services in 

10 buildings owned or occupied by the Federal Government 

11 or indirectly by entering into leases with non-Federal enti12 ties) in the same manner, and under the same terms and 

13 conditions, as the Administrator may furnish space and 

14 services on behalf of an agency of the Federal Govern15 ment. 

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

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

18 SEC. 104. AUTHORITY TO ENTER INTO INTERSTATE INSUR19 ANCE PRODUCT REGULATION COMPACT. 

20 (a) IN GENERAL.—The District of Columbia is au21 thorized to enter into an interstate compact to establish 

22 a joint state commission as an instrumentality of the Dis23 trict of Columbia for the purpose of establishing uniform 

24 insurance product regulations among the participating 

25 states. 
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1 (b) DELEGATION.—Any insurance product regulation 

2 compact that the Council of the District of Columbia au3 thorizes the Mayor to execute on behalf of the District 

4 may contain provisions that delegate the requisite power 

5 and authority to the joint state commission to achieve the 

6 purposes for which the interstate compact is established. 

7 Subtitle B—District of Columbia 

8 Courts 

9 SEC. 111. MODERNIZATION OF OFFICE OF REGISTER OF 

10 WILLS. 

11 (a) REVISION OF DUTIES.—Section 11–2104(b), Dis12 trict of Columbia Official Code, is amended to read as fol13 lows: 

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

15 probate jurisdiction or powers, the Register of Wills 

16 shall— 

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

18 records, of the proceedings of the court; 

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

20 wills proved before the Register of Wills or the court 

21 and other matters required by law to be recorded in 

22 the court; 

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

24 court original papers filed with the Register of Wills; 
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1 ‘‘(4) make out and issue every summons, proc2 ess, and order of the court; 

3 ‘‘(5) prepare and submit to the Executive Offi4 cer of the District of Columbia courts such reports 

5 as may be required; and 

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

7 direction of the court.’’. 

8 (b) REPEAL OF PENALTIES.— 

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

10 Columbia Code, is amended— 

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

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

14 (2) CLERICAL AMENDMENT.—The item relating 

15 to section 11–2104 in the table of sections for chap16 ter 21 of title 11, District of Columbia Official Code, 

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

18 (c) RECORD OF CLAIMS AGAINST NONRESIDENT DE19 CEDENTS.—Section 20–343(d), District of Columbia Offi20 cial Code, is amended by striking the second sentence and 

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

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

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

4 11–1726(a), District of Columbia Official Code, is amend5 ed by striking ‘‘pay fixed by administrative action in sec6 tion 5373’’ and inserting ‘‘maximum pay in section 

7 5382(a)’’. 

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

9 subsection (a) shall apply with respect to pay periods be10 ginning on or after the date of the enactment of this Act. 

11 SEC. 113. CLARIFICATION OF RATE FOR INDIVIDUALS PRO12 VIDING SERVICES TO INDIGENT DEFEND13 ANTS. 

14 (a) IN GENERAL.—Section 11–2605, District of Co15 lumbia Official Code, is amended— 

16 (1) by striking subsection (b); 

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

18 States Code,’’ the following: ‘‘(or, in the case of in19 vestigative services, a fixed rate of $25 per hour)’’; 

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

21 States Code,’’ the following: ‘‘(or, in the case of in22 vestigative services, a fixed rate of $25 per hour)’’; 

23 and 

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

25 subsections (b) and (c). 
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1 (b) EFFECTIVE DATE.—The amendment made by 

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

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

4 SEC. 114. AUTHORITY OF COURTS TO CONDUCT PRO5 CEEDINGS OUTSIDE OF DISTRICT OF COLUM6 BIA DURING EMERGENCIES. 

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

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

9 title 11, District of Columbia Official Code, is 

10 amended by adding at the end the following new sec11 tion: 

12 ‘‘§ 11–710. Emergency authority to conduct pro13 ceedings outside District of Columbia. 

14 ‘‘(a) IN GENERAL.—The court may hold special ses15 sions at any place within the United States outside the 

16 District of Columbia as the nature of the business may 

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

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

19 chief judge is absent or disabled, the judge designated 

20 under section 11–706(a)) or the Joint Committee on Judi21 cial Administration in the District of Columbia that, be22 cause of emergency conditions, no location within the Dis23 trict of Columbia is reasonably available where such spe24 cial sessions could be held. The court may transact any 

25 business at a special session authorized pursuant to this 
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1 section which it has the authority to transact at a regular 

2 session. 

3 ‘‘(b) NOTICE REQUIREMENTS.—If the Court of Ap4 peals issues an order exercising its authority under sub5 section (a), the court— 

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

7 Administration in the District of Columbia, shall 

8 send notice of such order, including the reasons for 

9 the issuance of such order, to the Committee on 

10 Homeland Security and Governmental Affairs of the 

11 Senate and the Committee on Government Reform 

12 of the House of Representatives; and 

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

14 United States Marshals Service before the com15 mencement of any special session held pursuant to 

16 such order.’’. 

17 (2) CLERICAL AMENDMENT.—The table of con18 tents of chapter 7 of title 11, District of Columbia 

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

20 the items relating to subchapter I the following: 

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

21 (b) SUPERIOR COURT OF THE DISTRICT OF COLUM22 BIA.— 

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

24 title 11, District of Columbia Official Code, is 
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1 amended by adding at the end the following new sec2 tion: 

3 ‘‘§ 11–911. Emergency authority to conduct pro4 ceedings outside District of Columbia. 

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

6 special sessions at any place within the United States out7 side the District of Columbia as the nature of the business 

8 may require and upon such notice as the Superior Court 

9 orders, upon a finding by either the chief judge of the Su10 perior Court (or, if the chief judge is absent or disabled, 

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

12 Joint Committee on Judicial Administration in the Dis13 trict of Columbia that, because of emergency conditions, 

14 no location within the District of Columbia is reasonably 

15 available where such special sessions could be held. 

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

17 may transact any business at a special session outside the 

18 District of Columbia authorized pursuant to this section 

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

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

21 a special session without the consent of the defendant. 

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

23 other provision of law, in any case in which special ses24 sions are conducted pursuant to this section, the Superior 

25 Court may summon jurors— 
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1 ‘‘(1) in civil proceedings, from any part of the 

2 District of Columbia or, if jurors are not readily 

3 available from the District of Columbia, the jurisdic4 tion in which it is holding the special session; and 

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

6 District of Columbia or, if jurors are not readily 

7 available from the District of Columbia and if the 

8 defendant so consents, the jurisdiction in which it is 

9 holding the special session. 

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

11 Court issues an order exercising its authority under sub12 section (a), the Court— 

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

14 Administration in the District of Columbia, shall 

15 send notice of such order, including the reasons for 

16 the issuance of such order, to the Committee on 

17 Homeland Security and Governmental Affairs of the 

18 Senate and the Committee on Government Reform 

19 of the House of Representatives; and 

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

21 United States Marshals Service before the com22 mencement of any special session held pursuant to 

23 such order.’’. 

24 (2) CLERICAL AMENDMENT.—The table of con25 tents of chapter 9 of title 11, District of Columbia 
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1 Official Code, is amended by adding at the end of 

2 the items relating to subchapter I the following: 

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

3 SEC. 115. AUTHORITY OF COURT SERVICES AND OFFENDER 

4 SUPERVISION AGENCY TO USE SERVICES OF 

5 VOLUNTEERS. 

6 Section 11233 of the National Capital Revitalization 

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

8 133, D.C. Official Code) is amended by adding at the end 

9 the following new subsection: 

10 ‘‘(g) AUTHORITYTO USE SERVICES OF VOLUN11 TEERS.— 

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

13 independent entity within the Agency) may accept 

14 the services of volunteers and provide for their inci15 dental expenses to carry out any activity of the 

16 Agency except policy-making. 

17 ‘‘(2) APPLICABILITYOF WORKER’S COMPENSA18 TION RULES TO VOLUNTEERS.—Any volunteer whose 

19 services are accepted pursuant to this subsection 

20 shall be considered an employee of the United States 

21 Government in providing the services for purposes of 

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

23 to compensation for work injuries).’’. 
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1 SEC. 116. TECHNICAL CORRECTIONS RELATING TO 

2 COURTS. 

3 (a) IN GENERAL.—Section 329 of the District of Co4 lumbia Appropriations Act, 2005 (Public Law 108–335; 

5 118 Stat. 1345), is amended to read as follows: 

6 ‘‘SEC. 329. (a) APPROVAL OF BONDS BY JOINT COM7 MITTEE ON JUDICIAL ADMINISTRATION.—Section 11– 

8 1701(b), District of Columbia Official Code, is amended 

9 by striking paragraph (5). 

10 ‘‘(b) EXECUTIVE OFFICER.— 

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

12 of Columbia Official Code, is amended to read as 

13 follows: 

14 ‘§ 11–1704. Oath of Executive Officer. 

15 ‘The Executive Officer shall take an oath or affirma16 tion for the faithful and impartial discharge of the duties 

17 of that office.’. 

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

19 sections for chapter 17 of title 11, District of Co20 lumbia Official Code, is amended by amending the 

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

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

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

23 Columbia Official Code, is amended— 

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

25 ‘‘(2) by striking subsection (b); and 
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1 ‘‘(3) by redesignating paragraphs (2) and (3) of 

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

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

4 of Columbia Official Code, is amended by striking the sec5 ond and third sentences. 

6 ‘‘(e) REGISTER OF WILLS.— 

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

8 of Columbia Official Code, is amended— 

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

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

11 bond,’ and all that follows through ‘seasonably 

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

13 ‘‘(C) by striking the third sentence of sub14 section (a). 

15 ‘‘(2) CLERICAL AMENDMENT.—The item relat16 ing to section 11–2102 in the table of sections for 

17 chapter 21 of title 11, District of Columbia Official 

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

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

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

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

22 11–1728 to read as follows: 

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

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

24 this section shall take effect as if included in the enact-
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1 ment of the District of Columbia Appropriations Act, 

2 2005. 

3 Subtitle C—Other Miscellaneous 

4 Technical Corrections 

5 SEC. 121. 2004 DISTRICT OF COLUMBIA OMNIBUS AUTHOR6 IZATION ACT. 

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

8 446(a) of the District of Columbia Home Rule Act (sec. 

9 1–204.46(a), D.C. Official Code) is amended by striking 

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

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

12 days after receipt of the budget proposal from the 

13 Mayor,’’. 

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

15 subsection (a) shall take effect as if included in the enact16 ment of the 2004 District of Columbia Omnibus Author17 ization Act. 

18 SEC. 122. DISTRICT OF COLUMBIA APPROPRIATIONS ACT, 

19 2005. 

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

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

22 Code), as amended by section 332 of the District of Co23 lumbia Appropriations Act, 2005 (Public Law 108–335; 

24 118 Stat. 1346), is amended— 
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1 (1) in the heading of subsection (a)(2), by 

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

3 EXPENDITURES DEFINED’’; and 

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

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

6 EXPENDITURES DEFINED’’. 

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

8 subsection (a) shall take effect as if included in the enact9 ment of the District of Columbia Appropriations Act, 

10 2005. 

11 SEC. 123. TECHNICAL AND CONFORMING AMENDMENTS RE12 LATING TO BANKS OPERATING UNDER THE 

13 CODE OF LAW FOR THE DISTRICT OF COLUM14 BIA. 

15 (a) FEDERAL RESERVE ACT.— 

16 (1) The second undesignated paragraph of the 

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

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

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

20 bank which is operating under the Code of Law for 

21 the District of Columbia.’’. 

22 (2) The first sentence of the first undesignated 

23 paragraph of section 9 of the Federal Reserve Act 

24 (12 U.S.C. 321) is amended by striking ‘‘incor25 porated by special law of any State, or’’ and insert-
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1 ing ‘‘incorporated by special law of any State, oper2 ating under the Code of Law for the District of Co3 lumbia, or’’. 

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

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

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

7 inserting ‘‘means any national’’; and 

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

9 company located in the District of Columbia and op10 erating under the supervision of the Comptroller of 

11 the Currency’’. 

12 (c) DEPOSITORY INSTITUTION DEREGULATION AND

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

14 of the Depository Institution Deregulation and Monetary 

15 Control Act of 1980 is amended— 

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

17 216(1)) by striking ‘‘and closed banks in the Dis18 trict of Columbia’’; and 

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

20 216a(2)) by striking ‘‘or closed banks in the District 

21 of Columbia’’. 

22 (d) FEDERAL DEPOSIT INSURANCE ACT.—Section 

23 3(a)(2)(B) of the Federal Deposit Insurance Act (12 

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

25 national bank)’’. 
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1 (e) NATIONAL BANK CONSOLIDATION AND MERGER

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

3 and Merger Act (12 U.S.C. 215b(1)) is amended by strik4 ing ‘‘(except a national banking association located in the 

5 District of Columbia)’’. 

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

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

8 national banking associations into and their merger or 

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

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

11 amended by striking ‘‘(except a national banking associa12 tion)’’. 

13 (g) FEDERAL TRADE COMMISSION ACT.—Section 

14 18(f)(2) of the Federal Trade Commission Act (15 U.S.C. 

15 57a(f)(2)) is amended— 

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

17 operating under the code of law for the District of 

18 Columbia,’’; and 

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

20 banks operating under the code of law for the Dis21 trict of Columbia’’. 
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1 TITLE II—INDEPENDENCE OF 

2 THE CHIEF FINANCIAL OFFICER 

3 SEC. 201. PROMOTING INDEPENDENCE OF CHIEF FINAN4 CIAL OFFICER. 

5 (a) IN GENERAL.—Section 424 of the District of Co6 lumbia Home Rule Act (sec. 1–204.24a et seq., D.C. Offi7 cial Code) is amended to read as follows: 

8 ‘‘CHIEF FINANCIAL OFFICER OF THE DISTRICT OF

9 COLUMBIA

10 ‘‘SEC. 424. (a) IN GENERAL.— 

11 ‘‘(1) ESTABLISHMENT.—There is hereby estab12 lished within the executive branch of the government 

13 of the District of Columbia an Office of the Chief 

14 Financial Officer of the District of Columbia (here15 after referred to as the ‘Office’), which shall be 

16 headed by the Chief Financial Officer of the District 

17 of Columbia (hereafter referred to as the ‘Chief Fi18 nancial Officer’). 

19 ‘‘(2) ORGANIZATIONAL ANALYSIS.— 

20 ‘‘(A) OFFICE OF BUDGET AND PLAN21 NING.—The name of the Office of Budget and 

22 Management, established by Commissioner’s 

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

24 to the Office of Budget and Planning. 
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1 ‘‘(B) OFFICE OF TAX AND REVENUE.—The 

2 name of the Department of Finance and Rev3 enue, established by Commissioner’s Order 69– 

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

6 ‘‘(C) OFFICE OF FINANCE AND TREAS7 URY.—The name of the Office of Treasurer, es8 tablished by Mayor’s Order 89–244, dated Oc9 tober 23, 1989, is changed to the Office of Fi10 nance and Treasury. 

11 ‘‘(D) OFFICE OF FINANCIAL OPERATIONS

12 AND SYSTEMS.—The Office of the Controller, 

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

14 October 23, 1989, and the Office of Financial 

15 Information Services, established by Mayor’s 

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

17 consolidated into the Office of Financial Oper18 ations and Systems. 

19 ‘‘(3) TRANSFERS.—Effective with the appoint20 ment of the first Chief Financial Officer under sub21 section (b), the functions and personnel of the fol22 lowing offices are established as subordinate offices 

23 within the Office: 
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1 ‘‘(A) The Office of Budget and Planning, 

2 headed by the Deputy Chief Financial Officer 

3 for the Office of Budget and Planning. 

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

5 headed by the Deputy Chief Financial Officer 

6 for the Office of Tax and Revenue. 

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

8 headed by the Deputy Chief Financial Officer 

9 for the Office of Research and Analysis. 

10 ‘‘(D) The Office of Financial Operations 

11 and Systems, headed by the Deputy Chief Fi12 nancial 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 Le18 galize Lotteries, Daily Numbers Games, and 

19 Bingo and Raffles for Charitable Purposes in 

20 the District of Columbia, effective March 10, 

21 1981 (D.C. Law 3–172; D.C. Official Code § 

22 3–1301 et seq.). 

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

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

25 the 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 

6 remove the heads of the offices designated in para7 graph (3), after consultation with the Mayor and the 

8 Council. 

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 Colum13 bia government for a fiscal year, annual estimates of 

14 the expenditures and appropriations necessary for 

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

16 District of Columbia accounting, budget, and finan17 cial management personnel (including personnel of 

18 executive branch independent agencies) that report 

19 to the 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 

25 the advice and consent, by resolution, of the 
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1 Council. Upon confirmation by the Council, the 

2 name of the Chief Financial Officer shall be 

3 submitted to the Committees on Appropriations 

4 of the House of Representatives and Senate, 

5 the Committee on Government Reform of the 

6 House of Representatives, and the Committee 

7 on Homeland Security and Governmental Af8 fairs of the Senate for a 30-day period of review 

9 and comment before the appointment takes ef10 fect. 

11 ‘‘(B) SPECIAL RULE FOR CONTROL

12 YEARS.—During a control year, the Chief Fi13 nancial Officer shall be appointed by the Mayor 

14 as follows: 

15 ‘‘(i) Prior to the appointment, the Au16 thority may submit recommendations for 

17 the appointment to the Mayor. 

18 ‘‘(ii) In consultation with the Author19 ity and the Council, the Mayor shall nomi20 nate an individual for appointment and no21 tify the Council of the nomination. 

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

23 period which begins on the date the Mayor 

24 notifies the Council of the nomination 
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1 under clause (ii), the Mayor shall notify 

2 the Authority of the nomination. 

3 ‘‘(iv) The nomination shall be effective 

4 subject to approval by a majority vote of 

5 the Authority. 

6 ‘‘(2) TERM.— 

7 ‘‘(A) IN GENERAL.—All appointments 

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

9 of 5 years, except for appointments made for 

10 the remainder of unexpired terms. The appoint11 ments shall have an anniversary date of July 1. 

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

13 section, the individual serving as Chief Finan14 cial Officer as of the date of enactment of the 

15 2005 District of Columbia Omnibus Authoriza16 tion Act shall be deemed to have been appointed 

17 under this subsection, except that such individ18 ual’s initial term of office shall begin upon such 

19 date and shall end on June 30, 2007. 

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

21 Officer may continue to serve beyond his term 

22 until a successor takes office. 

23 ‘‘(D) VACANCIES.—Any vacancy in the Of24 fice of Chief Financial Officer shall be filled in 
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1 the same manner as the original appointment 

2 under paragraph (1). 

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

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

5 of basic pay payable for level I of the Executive 

6 Schedule. 

7 ‘‘(c) REMOVAL OF THE CHIEF FINANCIAL OFFI8 CER.— 

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

10 may only be removed for cause by the Mayor, sub11 ject to the approval of the Council by a resolution 

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

13 the Council. After approval of the resolution by the 

14 Council, notice of the removal shall be submitted to 

15 the Committees on Appropriations of the House of 

16 Representatives and Senate, the Committee on Gov17 ernment Reform of the House of Representatives, 

18 and the Committee on Homeland Security and Gov19 ernmental Affairs of the Senate for a 30-day period 

20 of review and comment before the removal takes ef21 fect. 

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

23 During a control year, the Chief Financial Officer 

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

25 Mayor with the approval of the Authority. 
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1 ‘‘(d) DUTIES OF THE CHIEF FINANCIAL OFFICER.— 

2 Notwithstanding any provisions of this Act which grant 

3 authority to other entities of the District government, the 

4 Chief Financial Officer shall have the following duties and 

5 shall take such steps as are necessary to perform these 

6 duties: 

7 ‘‘(1) During a control year, preparing the finan8 cial plan and the budget for the use of the Mayor 

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

10 of Columbia Financial Responsibility and Manage11 ment Assistance Act of 1995. 

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

13 Columbia for the year for the use of the Mayor for 

14 purposes of part D and preparing the 5-year finan15 cial plan based upon the adopted budget for submis16 sion with the District of Columbia budget by the 

17 Mayor to Congress. 

18 ‘‘(3) During a control year, assuring that all fi19 nancial information presented by the Mayor is pre20 sented in a manner, and is otherwise consistent 

21 with, the requirements of the District of Columbia 

22 Financial Responsibility and Management Assistance 

23 Act of 1995. 

24 ‘‘(4) Implementing appropriate procedures and 

25 instituting such programs, systems, and personnel 
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1 policies within the Chief Financial Officer’s author2 ity, to ensure that budget, accounting, and personnel 

3 control systems and structures are synchronized for 

4 budgeting and control purposes on a continuing 

5 basis and to ensure that appropriations are not ex6 ceeded. 

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

8 and the Council, with the approval of the Authority 

9 during a control year, and making public— 

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

11 the District of Columbia (without regard to the 

12 source of such revenues), including proposed 

13 revenues, which shall be binding on the Mayor 

14 and the Council for purposes of preparing and 

15 submitting the budget of the District govern16 ment for the year under part D of this title, ex17 cept that the Mayor and the Council may pre18 pare the budget based on estimates of revenues 

19 which are lower than those prepared by the 

20 Chief Financial Officer; and 

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

22 of the District of Columbia during the year. 

23 ‘‘(6) Supervising and assuming responsibility 

24 for financial transactions to ensure adequate control 

25 of revenues and resources. 
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1 ‘‘(7) Maintaining systems of accounting and in2 ternal control designed to provide— 

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

4 of the activities of the District government; 

5 ‘‘(B) adequate financial information need6 ed by the District government for management 

7 purposes; 

8 ‘‘(C) effective control over, and account9 ability for, all funds, property, and other assets 

10 of the District of Columbia; and 

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

12 the basis for preparing and supporting agency 

13 budget requests and controlling the execution of 

14 the budget. 

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

16 statement of the District government, containing 

17 such details and at such times as the Council may 

18 specify. 

19 ‘‘(9) Supervising and assuming responsibility 

20 for the assessment of all property subject to assess21 ment and special assessments within the corporate 

22 limits of the District of Columbia for taxation, pre23 paring tax maps, and providing such notice of taxes 

24 and special assessments (as may be required by 

25 law). 
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1 ‘‘(10) Supervising and assuming responsibility 

2 for the levying and collection of all taxes, special as3 sessments, licensing fees, and other revenues of the 

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

5 and receiving all amounts paid to the District of Co6 lumbia from any source (including the Authority). 

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

8 belonging to or under the control of the District gov9 ernment (or any department or agency of the Dis10 trict government), and depositing all amounts paid 

11 in such depositories and under such terms and con12 ditions as may be designated by the Council (or by 

13 the Authority during a control year). 

14 ‘‘(12) Maintaining custody of all investment 

15 and invested funds of the District government or in 

16 possession of the District government in a fiduciary 

17 capacity, and maintaining the safekeeping of all 

18 bonds and notes of the District government and the 

19 receipt and delivery of District government bonds 

20 and notes for transfer, registration, or exchange. 

21 ‘‘(13) Apportioning the total of all appropria22 tions and funds made available during the year for 

23 obligation so as to prevent obligation or expenditure 

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

25 need for supplemental appropriations during the 
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1 year, and (with respect to appropriations and funds 

2 available for an indefinite period and all authoriza3 tions to create obligations by contract in advance of 

4 appropriations) apportioning the total of such appro5 priations, funds, or authorizations in the most effec6 tive and economical manner. 

7 ‘‘(14) Certifying all contracts and leases 

8 (whether directly or through delegation) prior to exe9 cution as to the availability of funds to meet the ob10 ligations expected to be incurred by the District gov11 ernment under such contracts and leases during the 

12 year. 

13 ‘‘(15) Prescribing the forms of receipts, vouch14 ers, bills, and claims to be used by all agencies, of15 fices, and instrumentalities of the District govern16 ment. 

17 ‘‘(16) Certifying and approving prior to pay18 ment of all bills, invoices, payrolls, and other evi19 dences of claims, demands, or charges against the 

20 District government, and determining the regularity, 

21 legality, and correctness of such bills, invoices, pay22 rolls, claims, demands, or charges. 

23 ‘‘(17) In coordination with the Inspector Gen24 eral of the District of Columbia, performing internal 

25 audits of accounts and operations and records of the 
38 

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1 District government, including the examination of 

2 any accounts or records of financial transactions, 

3 giving due consideration to the effectiveness of ac4 counting systems, internal control, and related ad5 ministrative practices of the departments and agen6 cies of the District government. 

7 ‘‘(18) Exercising responsibility for the adminis8 tration and supervision of the District of Columbia 

9 Treasurer. 

10 ‘‘(19) Supervising and administering all bor11 rowing programs for the issuance of long-term and 

12 short-term indebtedness, as well as other financing13 related programs of the District government. 

14 ‘‘(20) Administering the cash management pro15 gram of the District government, including the in16 vestment of surplus funds in governmental and non17 governmental interest-bearing securities and ac18 counts. 

19 ‘‘(21) Administering the centralized District 

20 government payroll and retirement systems (other 

21 than the retirement system for police officers, fire 

22 fighters, and teachers). 

23 ‘‘(22) Governing the accounting policies and 

24 systems applicable to the District government. 
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1 ‘‘(23) Preparing appropriate annual, quarterly, 

2 and monthly financial reports of the accounting and 

3 financial operations of the District government. 

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

5 each fiscal year, preparing the complete financial 

6 statement and report on the activities of the District 

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

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

9 ‘‘(25) Preparing fiscal impact statements on 

10 regulations, multiyear contracts, contracts over 

11 $1,000,000 and on legislation, as required by section 

12 4a of the General Legislative Procedures Act of 

13 1975. 

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

15 Mayor, who has the specific responsibility for formu16 lating budget policy using Chief Financial Officer 

17 technical and human resources, the budget for sub18 mission by the Mayor to the Council and to the pub19 lic and upon final adoption to Congress and to the 

20 public. 

21 ‘‘(27) Certifying all collective bargaining agree22 ments and nonunion pay proposals prior to submis23 sion to the Council for approval as to the availability 

24 of funds to meet the obligations expected to be in25 curred by the District government under such collec-
40 

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1 tive bargaining agreements and nonunion pay pro2 posals during the year. 

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

4 Treasurer shall have the following duties: 

5 ‘‘(1) Assisting the Chief Financial Officer in re6 porting revenues received by the District govern7 ment, including submitting annual and quarterly re8 ports concerning the cash position of the District 

9 government not later than 60 days after the last day 

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

11 shall include the following: 

12 ‘‘(A) Comparative reports of revenue and 

13 other receipts by source, including tax, nontax, 

14 and Federal revenues, grants and reimburse15 ments, capital program loans, and advances. 

16 Each source shall be broken down into specific 

17 components. 

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

19 District government for the preceding quarter 

20 or year, including receipts, disbursements, net 

21 changes in cash inclusive of the beginning bal22 ance, cash and investment, and the ending bal23 ance, inclusive of cash and investment. Such 

24 statements shall reflect the actual, planned, bet25 ter or worse dollar amounts and the percentage 
41 

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1 change with respect to the current quarter, 

2 year-to-date, and fiscal year. 

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

4 quarter or year involved, reflecting receipts, dis5 bursements, net change in cash inclusive of the 

6 beginning balance, cash and investment, and 

7 the ending balance, inclusive of cash and invest8 ment with respect to the actual dollar amounts 

9 for the quarter or year, and projected dollar 

10 amounts for each of the 3 succeeding quarters. 

11 ‘‘(D) Monthly reports reflecting a detailed 

12 summary analysis of all District of Columbia 

13 government investments, including— 

14 ‘‘(i) the total of long-term and short15 term investments; 

16 ‘‘(ii) a detailed summary analysis of 

17 investments by type and amount, including 

18 purchases, sales (maturities), and interest; 

19 ‘‘(iii) an analysis of investment port20 folio mix by type and amount, including li21 quidity, quality/risk of each security, and 

22 similar information; 

23 ‘‘(iv) an analysis of investment strat24 egy, including near-term strategic plans 

25 and projects of investment activity, as well 
42 

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1 as forecasts of future investment strategies 

2 based on anticipated market conditions, 

3 and similar information; and 

4 ‘‘(v) an analysis of cash utilization, in5 cluding— 

6 ‘‘(I) comparisons of budgeted 

7 percentages of total cash to be in8 vested with actual percentages of cash 

9 invested and the dollar amounts; 

10 ‘‘(II) comparisons of the next re11 turn on invested cash expressed in 

12 percentages (yield) with comparable 

13 market indicators and established Dis14 trict of Columbia government yield ob15 jectives; and 

16 ‘‘(III) comparisons of estimated 

17 dollar return against actual dollar 

18 yield. 

19 ‘‘(E) Monthly reports reflecting a detailed 

20 summary analysis of long-term and short-term 

21 borrowings inclusive of debt as authorized by 

22 section 603, in the current fiscal year and the 

23 amount of debt for each succeeding fiscal year 

24 not to exceed 5 years. All such reports shall re25 flect— 
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1 ‘‘(i) the amount of debt outstanding 

2 by type of instrument; 

3 ‘‘(ii) the amount of authorized and 

4 unissued debt, including availability of 

5 short-term lines of credit, United States 

6 Treasury borrowings, and similar informa7 tion; 

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

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

10 the debt; and 

11 ‘‘(v) the amount of debt service re12 quirements and related debt service re13 serves. 

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

15 Financial Officer under subsection (d) as the Chief 

16 Financial Officer may delegate. 

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

18 (and sections 424a and 424b)— 

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

20 Columbia Financial Responsibility and Management 

21 Assistance Authority established under section 

22 101(a) of the District of Columbia Financial Re23 sponsibility and Management Assistance Act of 

24 1995; 
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1 ‘‘(2) the term ‘control year’ has the meaning 

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

3 and 

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

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

6 such Act.’’. 

7 (b) CLARIFICATION OF DUTIES OF CHIEF FINANCIAL

8 OFFICER AND MAYOR.— 

9 (1) RELATION TO FINANCIAL DUTIES OF

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

11 204.48(a), D.C. Official Code) is amended by strik12 ing ‘‘section 603,’’ and inserting ‘‘section 603 and 

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

14 (2) RELATION TO MAYOR’S DUTIES REGARDING

15 ACCOUNTING SUPERVISION AND CONTROL.—Section 

16 449 of such Act (section 1–204.49, D.C. Official 

17 Code) is amended by striking ‘‘The Mayor’’ and in18 serting ‘‘Except to the extent provided under section 

19 424(d), the Mayor’’. 

20 SEC. 202. PERSONNEL AUTHORITY. 

21 (a) PROVIDING INDEPENDENT PERSONNEL AUTHOR22 ITY .— 

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

24 District of Columbia Home Rule Act is amended by 

25 adding at the end the following new section: 
45 

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1 ‘‘AUTHORITYOF CHIEF FINANCIAL OFFICER OVER PER2 SONNEL OF OFFICE AND OTHER FINANCIAL PER3 SONNEL

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

5 provision of law or regulation (including any law or regula6 tion providing for collective bargaining or the enforcement 

7 of any collective bargaining agreement), employees of the 

8 Office of the Chief Financial Officer of the District of Co9 lumbia, including personnel described in subsection (b), 

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

11 shall act under the direction and control of the Chief Fi12 nancial Officer of the District of Columbia, and shall be 

13 considered at-will employees not covered by the District 

14 of Columbia Merit Personnel Act of 1978, except that 

15 nothing in this section may be construed to prohibit the 

16 Chief Financial Officer from entering into a collective bar17 gaining agreement governing such employees and per18 sonnel or to prohibit the enforcement of such an agree19 ment as entered into by the Chief Financial Officer. 

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

21 subsection are as follows: 

22 ‘‘(1) The General Counsel to the Chief Finan23 cial Officer and all other attorneys in the Office of 

24 the General Counsel within the Office of the Chief 
46 

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1 Financial Officer of the District of Columbia, to2 gether with all other personnel of the Office. 

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

4 attorneys by the Chief Financial Officer or any of5 fice under the personnel authority of the Chief Fi6 nancial Officer, each of whom shall act under the di7 rection and control of the General Counsel to the 

8 Chief Financial Officer. 

9 ‘‘(3) The heads and all personnel of the subor10 dinate offices of the Office (as described in section 

11 424(a)(2) and established as subordinate offices in 

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

13 Agency Fiscal Officers, and Associate Chief Finan14 cial Officers of all District of Columbia executive 

15 branch subordinate and independent agencies (in ac16 cordance with subsection (c)), together with all other 

17 District of Columbia accounting, budget, and finan18 cial management personnel (including personnel of 

19 executive branch independent agencies, but not in20 cluding personnel of the legislative or judicial 

21 branches of the District government). 

22 ‘‘(c) APPOINTMENT OF CERTAIN EXECUTIVE

23 BRANCH AGENCY CHIEF FINANCIAL OFFICERS.— 

24 ‘‘(1) IN GENERAL.—The Chief Financial Offi25 cers and Associate Chief Financial Officers of all 
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1 District of Columbia executive branch subordinate 

2 and independent agencies (other than those of a sub3 ordinate office of the Office) shall be appointed by 

4 the Chief Financial Officer, in consultation with the 

5 agency head, where applicable. The appointment 

6 shall be made from a list of qualified candidates de7 veloped by the Chief Financial Officer. 

8 ‘‘(2) TRANSITION.—Any executive branch agen9 cy Chief Financial Officer appointed prior to the 

10 date of enactment of the 2005 District of Columbia 

11 Omnibus Authorization Act may continue to serve in 

12 that capacity without reappointment. 

13 ‘‘(d) INDEPENDENT AUTHORITY OVER LEGAL PER14 SONNEL.—Title VIII–B of the District of Columbia Gov15 ernment Comprehensive Merit Personnel Act of 1978 (sec. 

16 1–608.51 et seq., D.C. Official Code) shall not apply to 

17 the Office of the Chief Financial Officer or to attorneys 

18 employed by the Office.’’ 

19 (2) CLERICAL AMENDMENT.—The table of con20 tents of part B of title IV of the District of Colum21 bia Home Rule Act is amended by adding at the end 

22 the following new item: 

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

other financial personnel.’’. 

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

24 District of Columbia Government Comprehensive Merit 
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1 Personnel Act of 1978 (D.C. Law 2–260; D.C. Official 

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

3 SEC. 203. PROCUREMENT AUTHORITY. 

4 (a) PROVIDING INDEPENDENT AUTHORITYTO PRO5 CURE GOODS AND SERVICES.— 

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

7 District of Columbia Home Rule Act, as amended by 

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

9 the end the following new section: 

10 ‘‘PROCUREMENT AUTHORITYOF THE CHIEF FINANCIAL

11 OFFICER

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

13 out procurement of goods and services for the Office of 

14 the Chief Financial Officer through a procurement office 

15 or division which shall operate independently of, and shall 

16 not be governed by, the Office of Contracting and Procure17 ment established under the District of Columbia Procure18 ment Practices Act of 1986 or any successor office, except 

19 the provisions applicable under such Act to procurement 

20 carried out by the Chief Procurement Officer established 

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

22 apply with respect to the procurement carried out by the 

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

24 (2) CLERICAL AMENDMENT.—The table of con25 tents of part B of title IV of the District of Colum26 bia Home Rule Act, as amended by section 
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1 203(a)(2), is further amended by adding at the end 

2 following new item: 

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

3 (b) CONFORMING AMENDMENTS.— 

4 (1) PROCUREMENT PRACTICES ACT.—Section 

5 104 of the District of Columbia Procurement Prac6 tices Act of 1985 (sec. 2–301.04, D.C. Official 

7 Code) is amended— 

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

9 the District of Columbia Financial Responsi10 bility and Management Assistance Authority’’ 

11 and inserting the following: ‘‘the District of Co12 lumbia Financial Responsibility and Manage13 ment Assistance Authority, and (to the extent 

14 described in section 424b of the District of Co15 lumbia Home Rule Act) the Office of the Chief 

16 Financial Officer of the District of Columbia’’; 

17 and 

18 (B) in subsection (c), by striking the sec19 ond and third sentences. 

20 (2) OTHER CONFORMING AMENDMENT.—Sec21 tion 132 of the District of Columbia Appropriations 

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

23 (c) EFFECTIVE DATE.—This section and the amend24 ments made by this section shall take effect 6 months 

25 after the date of enactment of this Act. 
50 

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1 SEC. 204. FISCAL IMPACT STATEMENTS. 

2 The General Legislative Procedures Act of 1975 (sec. 

3 1–301.45 et seq., D.C. Official Code) is amended by add4 ing at the end the following new section: 

5 ‘‘FISCAL IMPACT STATEMENTS

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

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

8 law, except as provided in subsection (c), all perma9 nent bills and resolutions shall be accompanied by a 

10 fiscal impact statement before final adoption by the 

11 Council. 

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

13 shall include the estimate of the costs which will be 

14 incurred by the District as a result of the enactment 

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

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

17 effect, together with a statement of the basis for 

18 such estimate. 

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

20 acts which are accompanied by fiscal impact statements 

21 which reflect unbudgeted costs, shall be subject to appro22 priations prior to becoming effective. 

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

24 to emergency declaration, ceremonial, confirmation, and 

25 sense of the Council resolutions.’’. 
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1 TITLE III—AUTHORIZATION OF 

2 CERTAIN GENERAL APPRO3 PRIATIONS PROVISIONS 

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

5 OFFENDER SUPERVISION AGENCY. 

6 (a) AUTHORITYTO ACCEPT GIFTS.—Section 

7 11233(b) of the National Capital Revitalization and Self8 Government Improvement Act of 1997 (sec. 24–133(b), 

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

10 following new paragraphs: 

11 ‘‘(3) ACCEPTANCE OF GIFTS.— 

12 ‘‘(A) AUTHORITYTO ACCEPT GIFTS.—Dur13 ing fiscal years 2006 through 2008, the Direc14 tor may accept and use gifts in the form of— 

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

16 hospitality to support offender and defend17 ant programs; and 

18 ‘‘(ii) equipment and vocational train19 ing services to educate and train offenders 

20 and defendants. 

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

22 accurate and detailed records of the acceptance 

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

24 and shall make such records available for audit 

25 and public inspection. 
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1 ‘‘(4) REIMBURSEMENT FROM DISTRICT GOV2 ERNMENT.—During fiscal years 2006 through 2008, 

3 the Director may accept and use reimbursement 

4 from the District government for space and services 

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

6 (b) AUTHORITYOF PUBLIC DEFENDER SERVICE TO

7 CHARGE FEES FOR EVENT MATERIALS.—Section 307 of 

8 the District of Columbia Court Reform and Criminal Pro9 cedure Act of 1970 (sec. 2–1607, D.C. Official Code) is 

10 amended by adding at the end the following new sub11 section: 

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

13 Service may charge fees to cover the costs of materials 

14 distributed to attendees of educational events, including 

15 conferences, sponsored by the Service. Notwithstanding 

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

17 received as fees under this subsection shall be credited to 

18 the Service and available for use without further appro19 priation.’’. 

20 SEC. 302. EVALUATION PROCESS FOR PUBLIC SCHOOL EM21 PLOYEES. 

22 Title XVII of the District of Columbia Merit Per23 sonnel Act of 1978 (sec. 1–617.01 et seq., D.C. Official 

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

25 section: 
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1 ‘‘SEC. 1718. EVALUATION PROCESS FOR PUBLIC SCHOOL 

2 EMPLOYEES. 

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

4 regulation, during fiscal year 2006 and each succeeding 

5 fiscal year the evaluation process and instruments for eval6 uating District of Columbia Public Schools employees 

7 shall be a non-negotiable item for collective bargaining 

8 purposes.’’. 

9 SEC. 303. CLARIFICATION OF APPLICATION OF PAY PROVI10 SIONS OF MERIT PERSONNEL SYSTEM TO ALL 

11 DISTRICT EMPLOYEES. 

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

13 fourth sentence of section 422(3) of the District of Colum14 bia Home Rule Act (sec. 1–204.42(3), D.C. Official Code) 

15 is amended by striking ‘‘The system may provide’’ and in16 serting the following: ‘‘The system shall apply with respect 

17 to the compensation of employees of the District govern18 ment during fiscal year 2006 and each succeeding fiscal 

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

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

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

22 the end the following new subsection: 

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

24 chapter does not apply for pay purposes to any employee 

25 of the government of the District of Columbia during fis26 cal year 2006 or any succeeding fiscal year.’’. 
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1 SEC. 304. CRITERIA FOR RENEWING OR EXTENDING SOLE 

2 SOURCE CONTRACTS. 

3 Section 305 of the District of Columbia Procurement 

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

5 is amended by adding at the end the following new sub6 section: 

7 ‘‘(b) During fiscal years 2006 through 2008, a pro8 curement contract awarded through noncompetitive nego9 tiations in accordance with subsection (a) may be renewed 

10 or extended only if the Chief Financial Officer of the Dis11 trict of Columbia reviews the contract and certifies that 

12 the contract was renewed or extended in accordance with 

13 duly promulgated rules and procedures.’’. 

14 SEC. 305. ACCEPTANCE OF GRANT AMOUNTS NOT IN15 CLUDED IN ANNUAL BUDGET. 

16 (a) AUTHORITYTO ACCEPT, OBLIGATE, AND EX17 PEND AMOUNTS.—Subpart 1 of part D of title IV of the 

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

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

20 is amended by inserting after section 446A the following 

21 new section: 

22 ‘‘ACCEPTANCE OF GRANT AMOUNTS NOT INCLUDED IN

23 ANNUAL BUDGET

24 ‘‘SEC. 446B. (a) AUTHORITYTO ACCEPT, OBLIGATE, 

25 AND EXPEND AMOUNTS.—Notwithstanding the fourth 

26 sentence of section 446, the Mayor, in consultation with 
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1 the Chief Financial Officer of the District of Columbia 

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

3 other grants received by the District government that are 

4 not reflected in the budget approved by Act of Congress 

5 as provided in such section. 

6 ‘‘(b) CONDITIONS.— 

7 ‘‘(1) ROLE OF CHIEF FINANCIAL OFFICER; AP8 PROVAL BYCOUNCIL.—No Federal, private, or other 

9 grant may be accepted, obligated, or expended pur10 suant to subsection (a) until— 

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

12 the Council a report setting forth detailed infor13 mation regarding such grant; and 

14 ‘‘(B) the Council has reviewed and ap15 proved the acceptance, obligation, and expendi16 ture of such grant. 

17 ‘‘(2) DEEMED APPROVAL BYCOUNCIL.—For 

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

19 deemed to have reviewed and approved the accept20 ance, obligation, and expenditure of a grant if— 

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

22 filed with the Secretary of the Council within 

23 14 calendar days of the receipt of the report 

24 from the Chief Financial Officer under para25 graph (1)(A); or 
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1 ‘‘(B) if such a notice of disapproval is filed 

2 within such deadline, the Council does not by 

3 resolution disapprove the acceptance, obligation, 

4 or expenditure of the grant within 30 calendar 

5 days of the initial receipt of the report from the 

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

7 ‘‘(c) NO OBLIGATION OR EXPENDITURE PERMITTED

8 IN ANTICIPATION OF RECEIPT OR APPROVAL.—No 

9 amount may be obligated or expended from the general 

10 fund or other funds of the District of Columbia govern11 ment in anticipation of the approval or receipt of a grant 

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

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

14 to such subsection. 

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

16 Chief Financial Officer may adjust the budget for Federal, 

17 private, and other grants received by the District govern18 ment reflected in the amounts provided in the budget ap19 proved by Act of Congress under section 446, or approved 

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

21 in the actual amount of the grant. 

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

23 prepare a quarterly report setting forth detailed informa24 tion regarding all Federal, private, and other grants sub25 ject to this section. Each such report shall be submitted 
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1 to the Council and to the Committees on Appropriations 

2 of the House of Representatives and Senate not later than 

3 15 days after the end of the quarter covered by the report. 

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

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

6 (b) CONFORMING AMENDMENT.—The fourth sen7 tence of section 446 of such Act (sec. 1–204.46, D.C. Offi8 cial Code), as amended by section 101(b), is amended by 

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

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

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

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

13 following new item: 

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

14 SEC. 306. STANDARDS FOR ANNUAL INDEPENDENT AUDIT. 

15 Section 448 of the District of Columbia Home Rule 

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

17 (1) in subsection (a)(4), by striking the semi18 colon at the end and inserting the following: ‘‘, as 

19 audited by the Inspector General of the District of 

20 Columbia in accordance with subsection (c) in the 

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

22 (2) by adding at the end the following new sub23 section: 

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

25 year prepared and submitted for purposes of subsection 
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1 (a)(4) shall be audited by the Inspector General of the 

2 District of Columbia (in coordination with the Chief Fi3 nancial Officer of the District of Columbia) pursuant to 

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

5 Practices Act of 1985, and shall include as a basic finan6 cial statement a comparison of audited actual year-end re7 sults with the revenues submitted in the budget document 

8 for such year and the appropriations enacted into law for 

9 such year using the format, terminology, and classifica10 tions contained in the law making the appropriations for 

11 the year and its legislative history.’’. 

12 SEC. 307. USE OF FINES IMPOSED FOR VIOLATION OF TRAF13 FIC ALCOHOL LAWS FOR ENFORCEMENT AND 

14 PROSECUTION OF LAWS. 

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

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

17 amended to read as follows: 

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

19 fines imposed and collected pursuant to this subsection 

20 during fiscal year 2006 and each succeeding fiscal year 

21 shall be transferred to the General Fund of the District 

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

23 exclusively for the enforcement and prosecution of the Dis24 trict traffic alcohol laws, and shall remain available until 

25 expended.’’. 
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1 SEC. 308. CERTIFICATIONS FOR ATTORNEYS IN CASES 

2 BROUGHT UNDER INDIVIDUALS WITH DIS3 ABILITIES EDUCATION ACT. 

4 (a) RESPONSIBILITIES OF CHIEF FINANCIAL OFFI5 CER.—Section 424(d) of the District of Columbia Home 

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

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

8 end the following new paragraph: 

9 ‘‘(28) With respect to attorneys in special edu10 cation cases brought under the Individuals with Dis11 abilities Education Act in the District of Columbia 

12 during fiscal year 2006 and each succeeding fiscal 

13 year— 

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

15 writing that the attorney or representative of 

16 the attorney rendered any and all services for 

17 which the attorney received an award in such a 

18 case, including those received under a settle19 ment agreement or as part of an administrative 

20 proceeding, from the District of Columbia; 

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

22 the certification under subparagraph (A), to 

23 disclose any financial, corporate, legal, member24 ship on boards of directors, or other relation25 ships with any special education diagnostic 

26 services, schools, or other special education 
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1 service providers to which the attorneys have 

2 referred any clients in any such cases; and 

3 ‘‘(C) preparing and submitting quarterly 

4 reports to the Committees on Appropriations of 

5 the House of Representatives and Senate on the 

6 certification of and the amount paid by the gov7 ernment of the District of Columbia, including 

8 the District of Columbia Public Schools, to such 

9 attorneys.’’. 

10 (b) INVESTIGATIONS BY INSPECTOR GENERAL.—Sec11 tion 208(a)(3) of the District of Columbia Procurement 

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

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

14 subparagraph: 

15 ‘‘(J) During fiscal year 2006 and each succeeding fis16 cal year, conduct investigations to determine the accuracy 

17 of certifications made to the Chief Financial Officer of the 

18 District of Columbia under section 424(d)(28) of the Dis19 trict of Columbia Home Rule Act of attorneys in special 
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1 education cases brought under the Individuals with Dis2 abilities Education Act in the District of Columbia.’’. 

Passed the House of Representatives December 14, 

2005. 

Attest: KAREN L. HAAS, 

Clerk.