I 

109TH CONGRESS 

1ST SESSION H. R. 3508 

To authorize improvements in the operation of the government of the District 

of Columbia, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 28, 2005 

Mr. TOM DAVIS of Virginia (for himself and Ms. NORTON) introduced the 

following bill; which was referred to the Committee on Government Reform 

A BILL 

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 

7 of this Act is as follows: 

Sec. 1. Short Title; Table of Contents. 

TITLE I—GOVERNANCE OF DISTRICT OF COLUMBIA 

Subtitle A—General District of Columbia Governance 

Sec. 101. Budget flexibility. 

Sec. 102. Additional authority to allocate amounts in reserve funds. 
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Sec. 103. Authority of Mayor of District of Columbia to appoint members of 

Public Charter School Board. 

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. 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. 

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.—

8 Subpart 1 of part D of title IV of the District of Columbia 
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1 Home Rule Act (sec. 1–204.41 et seq., D.C. Official Code) 

2 is amended by inserting after section 446 the following 

3 new section: 

4 ‘‘PERMITTING INCREASE IN AMOUNT APPROPRIATED AS

5 LOCAL FUNDS DURING A FISCAL YEAR

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

7 fourth sentence of section 446, to account for an unantici8 pated growth of revenue collections, the amount appro9 priated as District of Columbia funds under budget ap10 proved by Act of Congress as provided in such section may 

11 be increased—

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

13 25 percent, in the case of amounts allocated under 

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

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

16 6 percent, in the case of any other amounts allo17 cated under the budget. 

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

19 obligate and expend any increase in the amount of funds 

20 authorized under this section only in accordance with the 

21 following conditions: 

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

23 of Columbia shall certify—

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

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

26 anticipated to have a negative impact on the 
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1 long-term financial, fiscal, or economic health of 

2 the District. 

3 ‘‘(2) The amounts shall be obligated and ex4 pended in accordance with laws enacted by the 

5 Council of the District of Columbia in support of 

6 each such obligation and expenditure, consistent 

7 with any other requirements under law. 

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

9 agencies of the District government operating under 

10 court-ordered receivership. 

11 ‘‘(4) The amounts may not be obligated or ex12 pended unless the Mayor has notified the Commit13 tees on Appropriations of the House of Representa14 tives and Senate, the Committee on Government Re15 form of the House of Representatives, and the Com16 mittee on Homeland Security and Governmental Af17 fairs of the Senate not fewer than 30 days in ad18 vance of the obligation or expenditure. 

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

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

21 (b) CONFORMING AMENDMENT.—The fourth sen22 tence of section 446 of such Act (sec. 1–204.46, D.C. Offi23 cial Code) is amended by inserting ‘‘section 446A,’’ after 

24 ‘‘section 445A(b),’’. 
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1 (c) CLERICAL AMENDMENT.—The table of contents 

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

3 to section 446 the following new item:

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

a fiscal year.’’.

4 SEC. 102. ADDITIONAL AUTHORITY TO ALLOCATE AMOUNTS 

5 IN RESERVE FUNDS. 

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

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

8 Code) is amended—

9 (1) by redesignating subsection (c) as sub10 section (d); and 

11 (2) by inserting after subsection (b) the fol12 lowing new subsection: 

13 ‘‘(c) ADDITIONAL AUTHORITY TO ALLOCATE

14 AMOUNTS.—

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

16 provision of this section, in addition to the authority 

17 provided under this section to allocate and use 

18 amounts from the emergency reserve fund under 

19 subsection (a) and the contingency reserve fund 

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

21 allocate amounts from such funds during a fiscal 

22 year and use such amounts for cash flow manage23 ment purposes. 

24 ‘‘(2) LIMITS ON AMOUNT ALLOCATED.—
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1 ‘‘(A) AMOUNT OF INDIVIDUAL ALLOCA2 TION.—The amount of an allocation made from 

3 the emergency reserve fund or the contingency 

4 reserve fund pursuant to the authority of this 

5 subsection may not exceed 50 percent of the 

6 balance of the fund involved at the time the al7 location is made. 

8 ‘‘(B) AGGREGATE AMOUNT ALLOCATED.—

9 The aggregate amount allocated from the emer10 gency reserve fund or the contingency reserve 

11 fund pursuant to the authority of this sub12 section during a fiscal year may not exceed 50 

13 percent of the balance of the fund involved as 

14 of the first day of such fiscal year. 

15 ‘‘(3) REPLENISHMENT.—If the District of Co16 lumbia allocates any amounts from a reserve fund 

17 pursuant to the authority of this subsection during 

18 a fiscal year, the District shall fully replenish the 

19 fund for the amounts allocated not later than the 

20 earlier of—

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

22 which begins on the date the allocation is made; 

23 or 

24 ‘‘(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 year 2006 and each suc3 ceeding fiscal year.’’. 

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 The District of Columbia’’ and inserting the fol11 lowing: 

12 ‘‘(7) REPLENISHMENT.—

13 ‘‘(A) IN GENERAL.—The District of Co14 lumbia’’; and 

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

16 subparagraph: 

17 ‘‘(B) SPECIAL RULE FOR REPLENISHMENT

18 AFTER ALLOCATION FOR CASH FLOW MANAGE19 MENT.—

20 ‘‘(i) IN GENERAL.—If the District al21 locates amounts from the emergency re22 serve fund during a fiscal year for cash 

23 flow management purposes pursuant to the 

24 authority of subsection (c) and at any time 

25 afterwards during the year makes a subse-
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1 quent allocation from the fund for pur2 poses of this subsection, and if as a result 

3 of the subsequent allocation the balance of 

4 the fund is reduced to an amount which is 

5 less than 50 percent of the balance of the 

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

7 the District shall replenish the fund by 

8 such amount as may be required to restore 

9 the balance to an amount which is equal to 

10 50 percent of the balance of the fund as of 

11 the first day of the fiscal year. 

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

13 carry out any replenishment required 

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

15 allocation described in such clause not 

16 later than the expiration of the 60-day pe17 riod which begins on the date of the subse18 quent allocation.’’. 

19 (2) CONTINGENCY RESERVE FUND.—Section 

20 450A(b)(6) of such Act (sec. 1–204.50A(b)(6), D.C. 

21 Official Code) is amended—

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

23 The District of Columbia’’ and inserting the fol24 lowing: 

25 ‘‘(6) 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 contingency 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 SEC. 103. AUTHORITY OF MAYOR OF DISTRICT OF COLUM9 BIA TO APPOINT MEMBERS OF PUBLIC CHAR10 TER SCHOOL BOARD. 

11 (a) APPOINTMENT OF MEMBERS.—Section 

12 2214(a)(2) of the District of Columbia School Reform Act 

13 of 1995 (sec. 38–1802.14(a)(2), D.C. Official Code) is 

14 amended by striking ‘‘The Secretary of Education’’ and 

15 all that follows through ‘‘represented on the Board:’’ and 

16 inserting the following: ‘‘The Board shall consist of 7 indi17 viduals appointed by the Mayor in consultation with the 

18 District of Columbia Council who are determined by the 

19 Mayor to be qualified to serve on the Board, so that a 

20 knowledge of each of the following areas is represented:’’. 

21 (b) FILLING OF VACANCIES.—Section 2214(a)(3) of 

22 such Act (sec. 38–1802.14(a)(3), D.C. Official Code) is 

23 amended to read as follows: 

24 ‘‘(3) VACANCIES.—When a vacancy occurs in 

25 the membership of the Board for reasons other than 
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1 the expiration of the term of a member, the Mayor, 

2 in consultation with the District of Columbia Coun3 cil, shall appoint an individual to fill the vacancy 

4 taking into consideration the criteria described in 

5 paragraph (2). Any individual appointed to fill a va6 cancy occurring prior to the expiration of the term 

7 of a predecessor shall be appointed only for the re8 mainder of that term.’’. 

9 (c) CONFORMING AMENDMENT.—Section 2214(a) of 

10 such Act (sec. 38–1802.14(a), D.C. Official Code) is 

11 amended—

12 (1) by striking paragraph (4); and 

13 (2) by redesignating paragraphs (5) and (6) as 

14 paragraphs (4) and (5). 

15 ‘‘(3) VACANCIES.—When a vacancy occurs in 

16 the membership of the Board for reasons other than 

17 the expiration of the term of a member, the Mayor, 

18 in consultation with the District of Columbia Coun19 cil, shall appoint an individual to fill the vacancy 

20 taking into consideration the criteria described in 

21 paragraph (2). Any individual appointed to fill a va22 cancy occurring prior to the expiration of the term 

23 of a predecessor shall be appointed only for the re24 mainder of that term.’’. 
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1 (d) EFFECTIVE DATE.—The amendments made by 

2 this section shall apply with respect to appointments made 

3 to the Public Charter School Board of the District of Co4 lumbia after the date of the enactment of this Act. 

5 Subtitle B—District of Columbia 

6 Courts 

7 SEC. 111. MODERNIZATION OF OFFICE OF REGISTER OF 

8 WILLS. 

9 (a) REVISION OF DUTIES.—Section 11–2104(b), Dis10 trict of Columbia Official Code, is amended to read as fol11 lows: 

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

13 probate jurisdiction or powers, the Register of Wills 

14 shall—

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

16 records, of the proceedings of the court; 

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

18 wills proved before the Register of Wills or the court 

19 and other matters required by law to be recorded in 

20 the court; 

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

22 court original papers filed with the Register of Wills; 

23 ‘‘(4) make out and issue every summons, proc24 ess, and order of the court; 
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1 ‘‘(5) prepare and submit to the Executive Offi2 cer of the District of Columbia courts such reports 

3 as may be required; and 

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

5 direction of the court.’’. 

6 (b) REPEAL OF PENALTIES.—

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

8 Columbia Code, is amended—

9 (A) in the heading, by striking ‘‘; pen10 alties’’; and 

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

12 (2) CLERICAL AMENDMENT.—The item relating 

13 to section 11–2104 in the table of sections for chap14 ter 21 of title 11, District of Columbia Official Code, 

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

16 (c) RECORD OF CLAIMS AGAINST NONRESIDENT DE17 CEDENTS.—Section 20–343(d), District of Columbia Offi18 cial Code, is amended by striking the second sentence and 

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

20 claims and releases.’’. 

21 SEC. 112. INCREASE IN CAP ON RATES OF PAY FOR NON22 JUDICIAL EMPLOYEES. 

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

24 11–1726(a), District of Columbia Official Code, is amend25 ed by striking ‘‘pay fixed by administrative action in sec-
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1 tion 5373’’ and inserting ‘‘maximum pay in section 

2 5382(a)’’. 

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

4 subsection (a) shall apply with respect to pay periods be5 ginning on or after the date of the enactment of this Act. 

6 SEC. 113. CLARIFICATION OF RATE FOR INDIVIDUALS PRO7 VIDING SERVICES TO INDIGENT DEFEND8 ANTS. 

9 (a) IN GENERAL.—Section 11–2605(b), District of 

10 Columbia Official Code, is amended—

11 (1) by striking subsection (b); 

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

13 States Code,’’ the following: ‘‘(or, in the case of in14 vestigative services, a fixed rate of $25 per hour)’’; 

15 and 

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

17 States Code,’’ the following: ‘‘(or, in the case of in18 vestigative services, a fixed rate of $25 per hour)’’. 

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

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

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

22 SEC. 114. AUTHORITY OF COURTS TO CONDUCT PRO23 CEEDINGS OUTSIDE OF DISTRICT OF COLUM24 BIA DURING EMERGENCIES. 

25 (a) DISTRICT OF COLUMBIA COURT OF APPEALS.—
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1 (1) IN GENERAL.—Subchapter I of chapter 7 of 

2 title 11, District of Columbia Official Code, is 

3 amended by adding at the end the following new sec4 tion: 

5 ‘‘§ 11–710. Emergency authority to conduct pro6 ceedings outside District of Columbia. 

7 ‘‘The court may hold special sessions at any place 

8 outside the District of Columbia as the nature of the busi9 ness may require and upon such notice as the court orders, 

10 upon a finding by either the chief judge of the court (or, 

11 if the chief judge is unavailable, the most senior available 

12 active judge of the court) or the Joint Committee on Judi13 cial Administration of the District of Columbia that, be14 cause of emergency conditions, no location within the Dis15 trict of Columbia is reasonably available where such spe16 cial sessions could be held. The court may transact any 

17 business at a special session authorized pursuant to this 

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

19 session.’’. 

20 (2) CLERICAL AMENDMENT.—The table of con21 tents of chapter 7 of title 11, District of Columbia 

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

23 the items relating to subchapter I the following:

‘‘11–710. Emergency authority to conduct proceedings outside District of Columbia.’’.
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1 (b) SUPERIOR COURT OF THE DISTRICT OF COLUM2 BIA.—

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

4 title 11, District of Columbia Official Code, is 

5 amended by adding at the end the following new sec6 tion: 

7 ‘‘§ 11–911. Emergency authority to conduct pro8 ceedings outside District of Columbia. 

9 ‘‘The Superior Court may hold special sessions at any 

10 place outside the District of Columbia as the nature of 

11 the business may require and upon such notice as the Su12 perior Court orders, upon a finding by either the chief 

13 judge of the Superior Court (or, if the chief judge is un14 available, the most senior available active judge of the Su15 perior Court) or the Joint Committee on Judicial Adminis16 tration of the District of Columbia that, because of emer17 gency conditions, no location within the District of Colum18 bia is reasonably available where such special sessions 

19 could be held. The Superior Court may transact any busi20 ness at a special session authorized pursuant to this sec21 tion which it has the authority to transact at a regular 

22 session, including business requiring the summoning of ju23 rors from within the District of Columbia to the location 

24 outside the District of Columbia at which the special ses25 sion is held.’’. 
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1 (2) CLERICAL AMENDMENT.—The table of con2 tents of chapter 9 of title 11, District of Columbia 

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

4 the items relating to subchapter I the following: 

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

5 SEC. 115. TECHNICAL CORRECTIONS RELATING TO 

6 COURTS. 

7 (a) CORRECTIONS RELATING TO DISTRICT OF CO8 LUMBIA APPROPRIATIONS ACT, 2005.— 

9 (1) IN GENERAL.—Section 329 of the District 

10 of Columbia Appropriations Act, 2005 (Public Law 

11 108–335; 118 Stat. 1345), is amended to read as 

12 follows: 

13 ‘‘SEC. 329. (a) APPROVAL OF BONDS BY JOINT COM14 MITTEE ON JUDICIAL ADMINISTRATION.—Section 11– 

15 1701(b), District of Columbia Official Code, is amended 

16 by striking paragraph (5). 

17 ‘‘(b) EXECUTIVE OFFICER.— 

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

19 of Columbia Official Code, is amended to read as 

20 follows: 

21 ‘‘ ‘§ 11–1704. Oath of Executive Officer 

22 ‘‘ ‘The Executive Officer shall take an oath or affir23 mation for the faithful and impartial discharge of the du24 ties of that office.’. 
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1 ‘‘(2) CLERICAL AMENDMENT.—The table of 

2 sections for chapter 17 of title 11, District of Co3 lumbia Official Code, is amended by amending the 

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

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

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

6 Columbia Official Code, is amended—

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

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

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

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

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

12 of Columbia Official Code, is amended by striking the sec13 ond and third sentences. 

14 ‘‘(e) REGISTER OF WILLS.—

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

16 of Columbia Official Code, is amended—

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

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

19 bond,’ and all that follows through ‘seasonably 

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

21 ‘‘(C) by striking the third sentence of sub22 section (a). 

23 ‘‘(2) CLERICAL AMENDMENT.—The item relat24 ing to section 11–2102 in the table of sections for 
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1 chapter 21 of title 11, District of Columbia Official 

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

3 (2) CLERICAL AMENDMENT.—The table of sec4 tions for chapter 17 of title 11, District of Columbia 

5 Official Code, is amended by amending the item re6 lating to section 11–1728 to read as follows:

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

7 (3) EFFECTIVE DATE.—The amendments made 

8 by this subsection shall take effect as if included in 

9 the enactment of the District of Columbia Appro10 priations Act, 2005. 

11 (b) CORRECTIONS RELATING TO DISTRICT OF CO12 LUMBIA APPROPRIATIONS ACT, 2002.—

13 (1) IN GENERAL.—Section 16–2326.01(g)(4), 

14 District of Columbia Official Code, is amended by 

15 striking ‘‘11–2605(c)’’ and inserting ‘‘11–2605(d)’’. 

16 (2) EFFECTIVE DATE.—The amendment made 

17 by paragraph (1) shall take effect as if included in 

18 the enactment of the District of Columbia Appro19 priations Act, 2002. 

20 Subtitle C—Other Miscellaneous 

21 Technical Corrections 

22 SEC. 121. 2004 DISTRICT OF COLUMBIA OMNIBUS AUTHOR23 IZATION ACT. 

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

25 446(a) of the District of Columbia Home Rule Act (sec. 
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1 1–204.46(a), D.C. Official Code) is amended by striking 

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

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

4 days after receipt of the budget proposal from the 

5 Mayor,’’. 

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

7 subsection (a) shall take effect as if included in the enact8 ment of the 2004 District of Columbia Omnibus Author9 ization Act. 

10 SEC. 122. DISTRICT OF COLUMBIA APPROPRIATIONS ACT, 

11 2005. 

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

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

14 Code), as amended by section 332 of the District of Co15 lumbia Appropriations Act, 2005 (Public Law 108–335; 

16 118 Stat. 1346), is amended—

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

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

19 EXPENDITURES DEFINED’’; and 

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

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

22 EXPENDITURES DEFINED’’. 

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

24 subsection (a) 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 TITLE II—INDEPENDENCE OF 

4 THE CHIEF FINANCIAL OFFICER 

5 SEC. 201. PROMOTING INDEPENDENCE OF CHIEF FINAN6 CIAL OFFICER. 

7 (a) IN GENERAL.—Section 424 of the District of Co8 lumbia Home Rule Act (sec. 1–204.24a et seq., D.C. Offi9 cial Code) is amended to read as follows: 

10 ‘‘CHIEF FINANCIAL OFFICER OF THE DISTRICT OF

11 COLUMBIA

12 ‘‘SEC. 424. (a) IN GENERAL.—

13 ‘‘(1) ESTABLISHMENT.—There is hereby estab14 lished within the executive branch of the government 

15 of the District of Columbia an Office of the Chief 

16 Financial Officer of the District of Columbia (here17 after referred to as the ‘Office’), which shall be 

18 headed by the Chief Financial Officer of the District 

19 of Columbia (hereafter referred to as the ‘Chief Fi20 nancial Officer’). 

21 ‘‘(2) ORGANIZATIONAL ANALYSIS.—

22 ‘‘(A) OFFICE OF BUDGET AND PLAN23 NING.—The name of the Office of Budget and 

24 Management, established by Commissioner’s 

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

26 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 

approved by not fewer than 2 12 ⁄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 
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•HR 3508 IH 

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-
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•HR 3508 IH 

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 
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•HR 3508 IH 

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 
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•HR 3508 IH 

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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•HR 3508 IH 

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: 
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•HR 3508 IH 

1 ‘‘AUTHORITY OF 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 
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•HR 3508 IH 

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 AUTHORITY TO 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 AUTHORITY OF 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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•HR 3508 IH 

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 AMENDMENT.—Section 104 of the 

4 District of Columbia Procurement Practices Act of 1986 

5 (sec. 2–301.04, D.C. Official Code) is amended—

6 (1) in subsection (a), by striking ‘‘, and the 

7 District of Columbia Financial Responsibility and 

8 Management Assistance Authority’’ and inserting 

9 the following: ‘‘the District of Columbia Financial 

10 Responsibility and Management Assistance Author11 ity, and (to the extent described in section 424b of 

12 the District of Columbia Home Rule Act) the Office 

13 of the Chief Financial Officer of the District of Co14 lumbia’’; and 

15 (2) in subsection (c), by striking the second and 

16 third sentences. 

17 (c) EFFECTIVE DATE.—This section and the amend18 ments made by this section shall take effect 6 months 

19 after the date of enactment of this Act. 

20 SEC. 204. FISCAL IMPACT STATEMENTS. 

21 The General Legislative Procedures Act of 1975 (sec. 

22 1–301.45 et seq., D.C. Official Code) is amended by add23 ing at the end the following new section: 

24 ‘‘FISCAL IMPACT STATEMENTS

25 ‘‘SEC. 4a. (a) BILLS AND RESOLUTIONS.—
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1 ‘‘(1) IN GENERAL.—Notwithstanding any other 

2 law, except as provided in subsection (c), all perma3 nent bills and resolutions shall be accompanied by a 

4 fiscal impact statement before final adoption by the 

5 Council. 

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

7 shall include the estimate of the costs which will be 

8 incurred by the District as a result of the enactment 

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

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

11 effect, together with a statement of the basis for 

12 such estimate. 

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

14 acts which are accompanied by fiscal impact statements 

15 which reflect unbudgeted costs, shall be subject to appro16 priations prior to becoming effective. 

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

18 to emergency declaration, ceremonial, confirmation, and 

19 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) AUTHORITY TO 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) AUTHORITY TO 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) AUTHORITY OF 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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•HR 3508 IH 

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) AUTHORITY TO 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) AUTHORITY TO 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 BY COUNCIL.—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 BY COUNCIL.—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 year 2006 and each succeeding fiscal 

6 year.’’. 

7 (b) CONFORMING AMENDMENT.—The fourth sen8 tence of section 446 of such Act (sec. 1–204.46, D.C. Offi9 cial Code), as amended by section 101(b), is amended by 

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

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

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

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

14 following new item:

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

15 SEC. 306. STANDARDS FOR ANNUAL INDEPENDENT AUDIT. 

16 Section 448 of the District of Columbia Home Rule 

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

18 (1) in subsection (a)(4), by striking the semi19 colon at the end and inserting the following: ‘‘, as 

20 audited by the Inspector General of the District of 

21 Columbia in accordance with subsection (c) in the 

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

23 (2) by adding at the end the following new sub24 section: 
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1 ‘‘(c) The financial statement and report for a fiscal 

2 year prepared and submitted for purposes of subsection 

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

4 District of Columbia (in coordination with the Chief Fi5 nancial Officer of the District of Columbia) pursuant to 

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

7 Practices Act of 1985, and shall include as a basic finan8 cial statement a comparison of audited actual year-end re9 sults with the revenues submitted in the budget document 

10 for such year and the appropriations enacted into law for 

11 such year using the format, terminology, and classifica12 tions contained in the law making the appropriations for 

13 the year and its legislative history.’’. 

14 SEC. 307. USE OF FINES IMPOSED FOR VIOLATION OF TRAF15 FIC ALCOHOL LAWS FOR ENFORCEMENT AND 

16 PROSECUTION OF LAWS. 

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

18 Act (sec. 50–2201.05(b)(3), D.C. Official Code) is amend19 ed to read as follows: 

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

21 fines imposed and collected pursuant to this subsection 

22 during fiscal year 2006 and each succeeding fiscal year 

23 shall be transferred to the General Fund of the District 

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

25 exclusively for the enforcement and prosecution of the Dis-
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1 trict traffic alcohol laws, and shall remain available until 

2 expended.’’. 

3 SEC. 308. CERTIFICATIONS FOR ATTORNEYS IN CASES 

4 BROUGHT UNDER INDIVIDUALS WITH DIS5 ABILITIES EDUCATION ACT. 

6 (a) RESPONSIBILITIES OF CHIEF FINANCIAL OFFI7 CER.—Section 424(d) of the District of Columbia Home 

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

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

10 end the following new paragraph: 

11 ‘‘(28) With respect to attorneys in special edu12 cation cases brought under the Individuals with Dis13 abilities Education Act in the District of Columbia 

14 during fiscal year 2006 and each succeeding fiscal 

15 year—

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

17 writing that the attorney or representative of 

18 the attorney rendered any and all services for 

19 which the attorney received an award in such a 

20 case, including those received under a settle21 ment agreement or as part of an administrative 

22 proceeding, from the District of Columbia; 

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

24 the certification under subparagraph (A), to 

25 disclose any financial, corporate, legal, member-
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1 ship on boards of directors, or other relation2 ships with any special education diagnostic 

3 services, schools, or other special education 

4 service providers to which the attorneys have 

5 referred any clients in any such cases; and 

6 ‘‘(C) preparing and submitting quarterly 

7 reports to the Committees on Appropriations of 

8 the House of Representatives and Senate on the 

9 certification of and the amount paid by the gov10 ernment of the District of Columbia, including 

11 the District of Columbia Public Schools, to such 

12 attorneys.’’. 

13 (b) INVESTIGATIONS BY INSPECTOR GENERAL.—Sec14 tion 208(a)(3) of the District of Columbia Procurement 

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

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

17 subparagraph: 

18 ‘‘(J) During fiscal year 2006 and each succeeding fis19 cal year, conduct investigations to determine the accuracy 

20 of certifications made to the Chief Financial Officer of the 

21 District of Columbia under section 424(d)(28) of the Dis22 trict of Columbia Home Rule Act of attorneys in special 

23 education cases brought under the Individuals with Dis24 abilities Education Act in the District of Columbia.’’.

Æ