PUBLIC LAW 109–356—OCT. 16, 2006 120 STAT. 2019

Public Law 109–356

109th Congress

An Act

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

of Columbia, and for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) SHORT TITLE.—This Act may be cited as the ‘‘2005 District

of Columbia Omnibus Authorization Act’’.

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

is as follows:

Sec. 1. Short title; table of contents.

TITLE I—GOVERNANCE OF DISTRICT OF COLUMBIA

Subtitle A—General District of Columbia Governance

Sec. 101. Budget flexibility.

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

Sec. 103. Permitting General Services Administration to obtain space and services

on behalf of District of Columbia Public Defender Service.

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

Sec. 105. Metered taxicabs in the District of Columbia.

Subtitle B—District of Columbia Courts

Sec. 111. Modernization of Office of Register of Wills.

Sec. 112. Increase in cap on rates of pay for nonjudicial employees.

Sec. 113. Clarification of rate for individuals providing services to indigent defendants.

Sec. 114. Authority of Courts to conduct proceedings outside of District of Columbia

during emergencies.

Sec. 115. Authority of Court Services and Offender Supervision Agency to use services of volunteers.

Sec. 116. Technical corrections relating to courts.

Sec. 117. Inclusion of court employees in enhanced dental and vision benefit program.

Subtitle C—Other Miscellaneous Technical Corrections

Sec. 121. 2004 District of Columbia Omnibus Authorization Act.

Sec. 122. District of Columbia Appropriations Act, 2005.

Sec. 123. Technical and conforming amendments relating to banks operating under

the Code of Law for the District of Columbia.

Sec. 124. District of Columbia Schools fiscal year.

Sec. 125. Gifts to libraries.

TITLE II—INDEPENDENCE OF THE CHIEF FINANCIAL OFFICER

Sec. 201. Promoting independence of Chief Financial Officer.

Sec. 202. Personnel Authority.

Sec. 203. Procurement Authority.

Sec. 204. Fiscal impact statements.

TITLE III—AUTHORIZATION OF CERTAIN GENERAL APPROPRIATIONS

PROVISIONS

Sec. 301. Acceptance of gifts by Court Services and Offender Supervision Agency.

5 USC 101 note.

2005 District of

Columbia

Omnibus

Authorization

Act.

Oct. 16, 2006

[H.R. 3508]

120 STAT. 2020 PUBLIC LAW 109–356—OCT. 16, 2006

Sec. 302. Evaluation process for public school employees.

Sec. 303. Clarification of application of pay provisions of Merit Personnel System

to all District employees.

Sec. 304. Criteria for renewing or extending sole source contracts.

Sec. 305. Acceptance of grant amounts not included in annual budget.

Sec. 306. Standards for annual independent audit.

Sec. 307. Use of fines imposed for violation of traffic alcohol laws for enforcement

and prosecution of laws.

Sec. 308. Certifications for attorneys in cases brought under Individuals With Disabilities Education Act.

TITLE I—GOVERNANCE OF DISTRICT OF

COLUMBIA

Subtitle A—General District of Columbia

Governance

SEC. 101. BUDGET FLEXIBILITY.

(a) PERMITTING INCREASE IN AMOUNT APPROPRIATED AS LOCAL

FUNDS DURING A FISCAL YEAR.—Subpart 1 of part D of title IV

of the District of Columbia Home Rule Act (sec. 1–204.41 et seq.,

D.C. Official Code) is amended by inserting after section 446 the

following new section:

‘‘PERMITTING INCREASE IN AMOUNT APPROPRIATED AS LOCAL FUNDS

DURING A FISCAL YEAR

‘‘SEC. 446A. (a) IN GENERAL.—Notwithstanding the fourth sentence of section 446, to account for an unanticipated growth of

revenue collections, the amount appropriated as District of

Columbia funds under budget approved by Act of Congress as

provided in such section may be increased—

‘‘(1) by an aggregate amount of not more than 25 percent,

in the case of amounts allocated under the budget as ‘OtherType Funds’; and

‘‘(2) by an aggregate amount of not more than 6 percent,

in the case of any other amounts allocated under the budget.

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

expend any increase in the amount of funds authorized under

this section only in accordance with the following conditions:

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

shall certify—

‘‘(A) the increase in revenue; and

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

to have a negative impact on the long-term financial, fiscal,

or economic health of the District.

‘‘(2) The amounts shall be obligated and expended in accordance with laws enacted by the Council of the District of

Columbia in support of each such obligation and expenditure,

consistent with any other requirements under law.

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

of the District government operating under court-ordered

receivership.

‘‘(4) The amounts may not be obligated or expended unless

the Mayor has notified the Committees on Appropriations of

the House of Representatives and Senate, the Committee on

Government Reform of the House of Representatives, and the

Deadline.

PUBLIC LAW 109–356—OCT. 16, 2006 120 STAT. 2021

Committee on Homeland Security and Governmental Affairs

of the Senate not fewer than 30 days in advance of the obligation or expenditure.

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

to fiscal years 2006 through 2007.’’.

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

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

by inserting ‘‘section 446A,’’ after ‘‘section 445A(b),’’.

(c) CLERICAL AMENDMENT.—The table of contents of such Act

is amended by inserting after the item relating to section 446

the following new item:

‘‘Sec. 446A. Permitting increase in amount appropriated as local funds during a fiscal year.’’.

SEC. 102. ADDITIONAL AUTHORITY TO ALLOCATE AMOUNTS IN

RESERVE FUNDS.

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

Home Rule Act (sec. 1–204.50A, D.C. Official Code) is amended—

(1) by redesignating subsection (c) as subsection (d); and

(2) by inserting after subsection (b) the following new subsection:

‘‘(c) ADDITIONAL AUTHORITY TO ALLOCATE AMOUNTS.—

‘‘(1) IN GENERAL.—Notwithstanding any other provision of

this section, in addition to the authority provided under this

section to allocate and use amounts from the emergency reserve

fund under subsection (a) and the contingency reserve fund

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

amounts from such funds during a fiscal year and use such

amounts for cash flow management purposes.

‘‘(2) LIMITS ON AMOUNT ALLOCATED.—

‘‘(A) AMOUNT OF INDIVIDUAL ALLOCATION.—The amount

of an allocation made from the emergency reserve fund

or the contingency reserve fund pursuant to the authority

of this subsection may not exceed 50 percent of the balance

of the fund involved at the time the allocation is made.

‘‘(B) AGGREGATE AMOUNT ALLOCATED.—The aggregate

amount allocated from the emergency reserve fund or the

contingency reserve fund pursuant to the authority of this

subsection during a fiscal year may not exceed 50 percent

of the balance of the fund involved as of the first day

of such fiscal year.

‘‘(3) REPLENISHMENT.—If the District of Columbia allocates

any amounts from a reserve fund pursuant to the authority

of this subsection during a fiscal year, the District shall fully

replenish the fund for the amounts allocated not later than

the earlier of—

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

on the date the allocation is made; or

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

‘‘(4) EFFECTIVE DATE.—This subsection shall apply with

respect to fiscal years 2006 through 2007.’’.

(b) SPECIAL RULE FOR TIMING OF REPLENISHMENT AFTER SUBSEQUENT ALLOCATION.—

(1) EMERGENCY RESERVE FUND.—Section 450A(a)(7) of such

Act (sec. 1–204.50A(a)(7), D.C. Official Code) is amended—

(A) by striking ‘‘(7) REPLENISHMENT.—’’ and inserting

the following:

120 STAT. 2022 PUBLIC LAW 109–356—OCT. 16, 2006

‘‘(7) REPLENISHMENT.—

‘‘(A) IN GENERAL.—The District of Columbia’’; and

(B) by adding at the end the following new subparagraph:

‘‘(B) SPECIAL RULE FOR REPLENISHMENT AFTER ALLOCATION FOR CASH FLOW MANAGEMENT.—

‘‘(i) IN GENERAL.—If the District allocates amounts

from the emergency reserve fund during a fiscal year

for cash flow management purposes pursuant to the

authority of subsection (c) and at any time afterwards

during the year makes a subsequent allocation from

the fund for purposes of this subsection, and if as

a result of the subsequent allocation the balance of

the fund is reduced to an amount which is less than

50 percent of the balance of the fund as of the first

day of the fiscal year, the District shall replenish the

fund by such amount as may be required to restore

the balance to an amount which is equal to 50 percent

of the balance of the fund as of the first day of the

fiscal year.

‘‘(ii) DEADLINE.—The District shall carry out any

replenishment required under clause (i) as a result

of a subsequent allocation described in such clause

not later than the expiration of the 60-day period which

begins on the date of the subsequent allocation.’’.

(2) CONTINGENCY RESERVE FUND.—Section 450A(b)(6) of

such Act (sec. 1–204.50A(b)(6), D.C. Official Code) is amended—

(A) by striking ‘‘(6) REPLENISHMENT.—’’ and inserting

the following:

‘‘(6) REPLENISHMENT.—

‘‘(A) IN GENERAL.—The District of Columbia’’; and

(B) by adding at the end the following new subparagraph:

‘‘(B) SPECIAL RULE FOR REPLENISHMENT AFTER ALLOCATION FOR CASH FLOW MANAGEMENT.—

‘‘(i) IN GENERAL.—If the District allocates amounts

from the contingency reserve fund during a fiscal year

for cash flow management purposes pursuant to the

authority of subsection (c) and at any time afterwards

during the year makes a subsequent allocation from

the fund for purposes of this subsection, and if as

a result of the subsequent allocation the balance of

the fund is reduced to an amount which is less than

50 percent of the balance of the fund as of the first

day of the fiscal year, the District shall replenish the

fund by such amount as may be required to restore

the balance to an amount which is equal to 50 percent

of the balance of the fund as of the first day of the

fiscal year.

‘‘(ii) DEADLINE.—The District shall carry out any

replenishment required under clause (i) as a result

of a subsequent allocation described in such clause

not later than the expiration of the 60-day period which

begins on the date of the subsequent allocation.’’.

PUBLIC LAW 109–356—OCT. 16, 2006 120 STAT. 2023

SEC. 103. PERMITTING GENERAL SERVICES ADMINISTRATION TO

OBTAIN SPACE AND SERVICES ON BEHALF OF DISTRICT

OF COLUMBIA PUBLIC DEFENDER SERVICE.

(a) AUTHORITY TO OBTAIN SPACE AND SERVICES.—At the request

of the Director of the District of Columbia Public Defender Service,

the Administrator of General Services may furnish space and services on behalf of the Service (either directly by providing space

and services in buildings owned or occupied by the Federal Government or indirectly by entering into leases with non-Federal entities)

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

as the Administrator may furnish space and services on behalf

of an agency of the Federal Government.

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

to fiscal year 2006 and each succeeding fiscal year.

SEC. 104. AUTHORITY TO ENTER INTO INTERSTATE INSURANCE

PRODUCT REGULATION COMPACT.

(a) IN GENERAL.—The District of Columbia is authorized to

enter into an interstate compact to establish a joint state commission as an instrumentality of the District of Columbia for the

purpose of establishing uniform insurance product regulations

among the participating States.

(b) DELEGATION.—Any insurance product regulation compact

that the Council of the District of Columbia authorizes the Mayor

to execute on behalf of the District may contain provisions that

delegate the requisite power and authority to the joint State

commission to achieve the purposes for which the interstate compact

is established.

SEC. 105. METERED TAXICABS IN THE DISTRICT OF COLUMBIA.

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

not later than 1 year after the date of enactment of this Act,

the District of Columbia shall require all taxicabs licensed in the

District of Columbia to charge fares by a metered system.

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

of Columbia may exempt the District of Columbia from the requirement under subsection (a) by issuing an executive order that specifically states that the District of Columbia opts out of the requirement

to implement a metered fare system for taxicabs.

Subtitle B—District of Columbia Courts

SEC. 111. MODERNIZATION OF OFFICE OF REGISTER OF WILLS.

(a) REVISION OF DUTIES.—Section 11–2104(b), District of

Columbia Official Code, is amended to read as follows:

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

jurisdiction or powers, the Register of Wills shall—

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

the proceedings of the court;

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

before the Register of Wills or the court and other matters

required by law to be recorded in the court;

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

papers filed with the Register of Wills;

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

of the court;

Records.

Deadline.

120 STAT. 2024 PUBLIC LAW 109–356—OCT. 16, 2006

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

District of Columbia courts such reports as may be required;

and

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

of the court.’’.

(b) REPEAL OF PENALTIES.— (1) IN GENERAL.—Section 11–2104, District of Columbia

Code, is amended—

(A) in the heading, by striking ‘‘; penalties’’; and

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

(2) CLERICAL AMENDMENT.—The item relating to section

11–2104 in the table of sections for chapter 21 of title 11,

District of Columbia Official Code, is amended by striking

‘‘; penalties’’.

(c) RECORD OF CLAIMS AGAINST NONRESIDENT DECEDENTS.—

Section 20–343(d), District of Columbia Official Code, is amended

by striking the second sentence and inserting the following: ‘‘The

Register shall record all such claims and releases.’’.

SEC. 112. INCREASE IN CAP ON RATES OF PAY FOR NONJUDICIAL

EMPLOYEES.

(a) IN GENERAL.—The second sentence of section 11–1726(a),

District of Columbia Official Code, is amended by striking ‘‘pay

fixed by administrative action in section 5373’’ and inserting ‘‘maximum pay in section 5382(a)’’.

(b) EFFECTIVE DATE.—The amendment made by subsection (a)

shall apply with respect to pay periods beginning on or after the

date of the enactment of this Act.

SEC. 113. CLARIFICATION OF RATE FOR INDIVIDUALS PROVIDING

SERVICES TO INDIGENT DEFENDANTS.

(a) IN GENERAL.—Section 11–2605, District of Columbia Official

Code, is amended—

(1) by striking subsection (b);

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

Code,’’ the following: ‘‘(or, in the case of investigative services,

a fixed rate of $25 per hour)’’;

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

Code,’’ the following: ‘‘(or, in the case of investigative services,

a fixed rate of $25 per hour)’’; and

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

(b) and (c).

(b) EFFECTIVE DATE.—The amendment made by subsection (a)

shall apply with respect to services provided on or after the date

of the enactment of this Act.

SEC. 114. AUTHORITY OF COURTS TO CONDUCT PROCEEDINGS OUTSIDE OF DISTRICT OF COLUMBIA DURING EMERGENCIES.

(a) DISTRICT OF COLUMBIA COURT OF APPEALS.—

(1) IN GENERAL.—Subchapter I of chapter 7 of title 11,

District of Columbia Official Code, is amended by adding at

the end the following new section:

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

‘‘(a) IN GENERAL.—The court may hold special sessions at any

place within the United States outside the District of Columbia

as the nature of the business may require and upon such notice

Reports.

PUBLIC LAW 109–356—OCT. 16, 2006 120 STAT. 2025

as the court orders, upon a finding by either the chief judge of

the court (or, if the chief judge is absent or disabled, the judge

designated under section 11–706(a)) or the Joint Committee on

Judicial Administration in the District of Columbia that, because

of emergency conditions, no location within the District of Columbia

is reasonably available where such special sessions could be held.

The court may transact any business at a special session authorized

pursuant to this section which it has the authority to transact

at a regular session.

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

an order exercising its authority under subsection (a), the court—

‘‘(1) through the Joint Committee on Judicial Administration in the District of Columbia, shall send notice of such

order, including the reasons for the issuance of such order,

to the Committee on Homeland Security and Governmental

Affairs of the Senate and the Committee on Government Reform

of the House of Representatives; and

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

Marshals Service before the commencement of any special session held pursuant to such order.’’.

(2) CLERICAL AMENDMENT.—The table of contents of chapter

7 of title 11, District of Columbia Official Code, is amended

by adding at the end of the items relating to subchapter I

the following:

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

(b) SUPERIOR COURT OF THE DISTRICT OF COLUMBIA.—

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

District of Columbia Official Code, is amended by adding at

the end the following new section:

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

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

of Columbia as the nature of the business may require and upon

such notice as the Superior Court orders, upon a finding by either

the chief judge of the Superior Court (or, if the chief judge is

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

or the Joint Committee on Judicial Administration in the District

of Columbia that, because of emergency conditions, no location

within the District of Columbia is reasonably available where such

special sessions could be held.

‘‘(b) BUSINESS TRANSACTED.—The Superior Court may transact

any business at a special session outside the District of Columbia

authorized pursuant to this section which it has the authority

to transact at a regular session, except that a criminal trial may

not be conducted at such a special session without the consent

of the defendant.

‘‘(c) SUMMONING OF JURORS.—Notwithstanding any other provision of law, in any case in which special sessions are conducted

pursuant to this section, the Superior Court may summon jurors—

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

of Columbia or, if jurors are not readily available from the

District of Columbia, the jurisdiction in which it is holding

the special session; and

120 STAT. 2026 PUBLIC LAW 109–356—OCT. 16, 2006

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

Columbia or, if jurors are not readily available from the District

of Columbia and if the defendant so consents, the jurisdiction

in which it is holding the special session.

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

order exercising its authority under subsection (a), the Court—

‘‘(1) through the Joint Committee on Judicial Administration in the District of Columbia, shall send notice of such

order, including the reasons for the issuance of such order,

to the Committee on Homeland Security and Governmental

Affairs of the Senate and the Committee on Government Reform

of the House of Representatives; and

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

Marshals Service before the commencement of any special session held pursuant to such order.’’.

(2) CLERICAL AMENDMENT.—The table of contents of chapter

9 of title 11, District of Columbia Official Code, is amended

by adding at the end of the items relating to subchapter I

the following:

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

SEC. 115. AUTHORITY OF COURT SERVICES AND OFFENDER SUPERVISION AGENCY TO USE SERVICES OF VOLUNTEERS.

Section 11233 of the National Capital Revitalization and SelfGovernment Improvement Act of 1997 (sec. 24–133, D.C. Official

Code) is amended by adding at the end the following new subsection:

‘‘(g) AUTHORITY TO USE SERVICES OF VOLUNTEERS.—

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

entity within the Agency) may accept the services of volunteers

and provide for their incidental expenses to carry out any

activity of the Agency except policy-making.

‘‘(2) APPLICABILITY OF WORKER’S COMPENSATION RULES TO

VOLUNTEERS.—Any volunteer whose services are accepted

pursuant to this subsection shall be considered an employee

of the United States Government in providing the services

for purposes of chapter 81 of title 5, United States Code

(relating to compensation for work injuries) and chapter 11

of title 18, United States Code, relating to corruption and

conflicts of interest.’’.

SEC. 116. TECHNICAL CORRECTIONS RELATING TO COURTS.

(a) IN GENERAL.—Section 329 of the District of Columbia Appropriations Act, 2005 (Public Law 108–335; 118 Stat. 1345), is

amended to read as follows:

‘‘SEC. 329. (a) APPROVAL OF BONDS BY JOINT COMMITTEE ON

JUDICIAL ADMINISTRATION.—Section 11–1701(b), District of

Columbia Official Code, is amended by striking paragraph (5).

‘‘(b) EXECUTIVE OFFICER.—

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

Official Code, is amended to read as follows:

‘OATH OF EXECUTIVE OFFICER

‘SEC. 11–1704.

‘The Executive Officer shall take an oath or affirmation for

the faithful and impartial discharge of the duties of that office.’.

‘‘(2) CLERICAL AMENDMENT.—The table of sections for

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

PUBLIC LAW 109–356—OCT. 16, 2006 120 STAT. 2027

amended by amending the item relating to section 11–1704

to read as follows:

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

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

Official Code, is amended—

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

‘‘(2) by striking subsection (b); and

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

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

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

Official Code, is amended by striking the second and third sentences.

‘‘(e) REGISTER OF WILLS.—

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

Official Code, is amended—

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

‘‘(B) in subsection (a)(2), by striking ‘give bond,’ and

all that follows through ‘seasonably to record’ and inserting

‘seasonably record’; and

‘‘(C) by striking the third sentence of subsection (a).

‘‘(2) CLERICAL AMENDMENT.—The item relating to section

11–2102 in the table of sections for chapter 21 of title 11,

District of Columbia Official Code, is amended by striking

‘bond;’.’’.

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

17 of title 11, District of Columbia Official Code, is amended by

amending the item relating to section 11–1728 to read as follows:

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

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

shall take effect as if included in the enactment of the District

of Columbia Appropriations Act, 2005.

SEC. 117. INCLUSION OF COURT EMPLOYEES IN ENHANCED DENTAL

AND VISION BENEFIT PROGRAM.

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

is amended—

(1) in section 8951(1) by adding at the end the following:

‘‘and an employee of the District of Columbia courts’’;

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

‘‘and an employee of the District of Columbia courts’’; and

(3) in section 9001(1) is amended—

(A) in subparagraph (C), by striking ‘‘and’’;

(B) in subparagraph (D), by striking the period and

inserting a semicolon and ‘‘and’’; and

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

of the District of Columbia courts.’’.

(b) D.C. CODE.—Section 11–1726, District of Columbia Code,

is amended—

(1) in subsection (b)(1), by striking subparagraph (F) and

inserting the following:

‘‘(F) Chapter 89A (relating to enhanced dental benefits).

‘‘(G) Chapter 89B (relating to enhanced vision benefits).

‘‘(H) Chapter 90 (relating to long-term care insurance).’’; and

120 STAT. 2028 PUBLIC LAW 109–356—OCT. 16, 2006

(2) in subsection (c)(1), by striking subparagraph (D) and

inserting the following:

‘‘(D) Chapter 89A (relating to enhanced dental benefits).

‘‘(E) Chapter 89B (relating to enhanced vision benefits).

‘‘(F) Chapter 90 (relating to long-term care insurance).’’.

Subtitle C—Other Miscellaneous Technical

Corrections

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

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

District of Columbia Home Rule Act (sec. 1–204.46(a), D.C. Official

Code) is amended by striking ‘‘The Council,’’ and all that follows

through ‘‘from the Mayor,’’ and inserting ‘‘The Council, within 56

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

(b) EFFECTIVE DATE.—The amendment made by subsection (a)

shall take effect as if included in the enactment of the 2004 District

of Columbia Omnibus Authorization Act.

SEC. 122. DISTRICT OF COLUMBIA APPROPRIATIONS ACT, 2005.

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

Home Rule Act (sec. 1–204.50A, D.C. Official Code), as amended

by section 332 of the District of Columbia Appropriations Act,

2005 (Public Law 108–335; 118 Stat. 1346), is amended—

(1) in the heading of subsection (a)(2), by striking ‘‘IN

GENERAL’’ and inserting ‘‘OPERATING EXPENDITURES DEFINED’’;

and

(2) in the heading of subsection (b)(2), by striking ‘‘IN

GENERAL’’ and inserting ‘‘OPERATING EXPENDITURES DEFINED’’.

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

(a) shall take effect as if included in the enactment of the District

of Columbia Appropriations Act, 2005.

SEC. 123. TECHNICAL AND CONFORMING AMENDMENTS RELATING TO

BANKS OPERATING UNDER THE CODE OF LAW FOR THE

DISTRICT OF COLUMBIA.

(a) FEDERAL RESERVE ACT.—

(1) The second undesignated paragraph of the first section

of the Federal Reserve Act (12 U.S.C. 221) is amended by

adding at the end the following: ‘‘For purposes of this Act,

a State bank includes any bank which is operating under

the Code of Law for the District of Columbia.’’.

(2) The first sentence of the first undesignated paragraph

of section 9 of the Federal Reserve Act (12 U.S.C. 321) is

amended by striking ‘‘incorporated by special law of any State,

or’’ and inserting ‘‘incorporated by special law of any State,

operating under the Code of Law for the District of Columbia,

or’’.

(b) BANK CONSERVATION ACT.—Section 202 of the Bank Conservation Act (12 U.S.C. 202) is amended—

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

‘‘means any national’’; and

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

in the District of Columbia and operating under the supervision

of the Comptroller of the Currency’’.

PUBLIC LAW 109–356—OCT. 16, 2006 120 STAT. 2029

(c) DEPOSITORY INSTITUTION DEREGULATION AND MONETARY

CONTROL ACT OF 1980.—Part C of title VII of the Depository Institution Deregulation and Monetary Control Act of 1980 is amended—

(1) in paragraph (1) of section 731 (12 U.S.C. 216(1)) by

striking ‘‘and closed banks in the District of Columbia’’; and

(2) in paragraph (2) of section 732 (12 U.S.C. 216a(2))

by striking ‘‘or closed banks in the District of Columbia’’.

(d) FEDERAL DEPOSIT INSURANCE ACT.—Section 3(a)(2)(B) of

the Federal Deposit Insurance Act (12 U.S.C. 1813(a)(2)(B)) is

amended by striking ‘‘(except a national bank)’’.

(e) NATIONAL BANK CONSOLIDATION AND MERGER ACT.—Section

7(1) of the National Bank Consolidation and Merger Act (12 U.S.C.

215b(1)) is amended by striking ‘‘(except a national banking association located in the District of Columbia)’’.

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

‘‘An Act to provide for the conversion of national banking associations into and their merger or consolidation with State banks,

and for other purposes’’ and approved August 17, 1950 (12 U.S.C.

214(a)) is amended by striking ‘‘(except a national banking association)’’.

(g) FEDERAL TRADE COMMISSION ACT.—Section 18(f)(2) of the

Federal Trade Commission Act (15 U.S.C. 57a(f)(2)) is amended—

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

under the code of law for the District of Columbia,’’; and

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

under the code of law for the District of Columbia’’.

SEC. 124. DISTRICT OF COLUMBIA SCHOOLS FISCAL YEAR.

Section 441(b)(2) of the District of Columbia Home Rule Act

(section 1–204.41, D.C. Official Code) is amended by striking ‘‘shall

begin’’ and inserting ‘‘may begin’’.

SEC. 125. GIFTS TO LIBRARIES.

Section 115(c) of title III of division C of Public Law 108–

7 in amended by inserting ‘‘and the District of Columbia Public

Libraries’’ before the period.

TITLE II—INDEPENDENCE OF THE

CHIEF FINANCIAL OFFICER

SEC. 201. PROMOTING INDEPENDENCE OF CHIEF FINANCIAL OFFICER.

(a) IN GENERAL.—Section 424 of the District of Columbia Home

Rule Act (sec. 1–204.24a et seq., D.C. Official Code) is amended

to read as follows:

‘‘CHIEF FINANCIAL OFFICER OF THE DISTRICT OF COLUMBIA

‘‘SEC. 424. (a) IN GENERAL.— ‘‘(1) ESTABLISHMENT.—There is hereby established within

the executive branch of the government of the District of

Columbia an Office of the Chief Financial Officer of the District

of Columbia (hereafter referred to as the ‘Office’), which shall

be headed by the Chief Financial Officer of the District of

Columbia (hereafter referred to as the ‘Chief Financial Officer’).

‘‘(2) ORGANIZATIONAL ANALYSIS.—

‘‘(A) OFFICE OF BUDGET AND PLANNING.—The name

of the Office of Budget and Management, established by

120 STAT. 2030 PUBLIC LAW 109–356—OCT. 16, 2006

Commissioner’s Order 69–96, issued March 7, 1969, is

changed to the Office of Budget and Planning.

‘‘(B) OFFICE OF TAX AND REVENUE.—The name of the

Department of Finance and Revenue, established by

Commissioner’s Order 69–96, issued March 7, 1969, is

changed to the Office of Tax and Revenue.

‘‘(C) OFFICE OF FINANCE AND TREASURY.—The name

of the Office of Treasurer, established by Mayor’s Order

89–244, dated October 23, 1989, is changed to the Office

of Finance and Treasury.

‘‘(D) OFFICE OF FINANCIAL OPERATIONS AND SYSTEMS.—

The Office of the Controller, established by Mayor’s Order

89–243, dated October 23, 1989, and the Office of Financial

Information Services, established by Mayor’s Order 89–

244, dated October 23, 1989, are consolidated into the

Office of Financial Operations and Systems.

‘‘(3) TRANSFERS.—Effective with the appointment of the

first Chief Financial Officer under subsection (b), the functions

and personnel of the following offices are established as subordinate offices within the Office:

‘‘(A) The Office of Budget and Planning, headed by

the Deputy Chief Financial Officer for the Office of Budget

and Planning.

‘‘(B) The Office of Tax and Revenue, headed by the

Deputy Chief Financial Officer for the Office of Tax and

Revenue.

‘‘(C) The Office of Research and Analysis, headed by

the Deputy Chief Financial Officer for the Office of

Research and Analysis.

‘‘(D) The Office of Financial Operations and Systems,

headed by the Deputy Chief Financial Officer for the Office

of Financial Operations and Systems.

‘‘(E) The Office of Finance and Treasury, headed by

the District of Columbia Treasurer.

‘‘(F) The Lottery and Charitable Games Control Board,

established by the Law to Legalize Lotteries, Daily Numbers Games, and Bingo and Raffles for Charitable Purposes

in the District of Columbia, effective March 10, 1981 (D.C.

Law 3–172; D.C. Official Code § 3–1301 et seq.).

‘‘(4) SUPERVISOR.—The heads of the offices listed in paragraph (3) of this section shall serve at the pleasure of the

Chief Financial Officer.

‘‘(5) APPOINTMENT AND REMOVAL OF OFFICE EMPLOYEES.—

The Chief Financial Officer shall appoint the heads of the

subordinate offices designated in paragraph (3), after consultation with the Mayor and the Council. The Chief Financial

Officer may remove the heads of the offices designated in

paragraph (3), after consultation with the Mayor and the

Council.

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

Officer shall prepare and annually submit to the Mayor of

the District of Columbia, for inclusion in the annual budget

of the District of Columbia government for a fiscal year, annual

estimates of the expenditures and appropriations necessary

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

of Columbia accounting, budget, and financial management

PUBLIC LAW 109–356—OCT. 16, 2006 120 STAT. 2031

personnel (including personnel of executive branch independent

agencies) that report to the Office pursuant to this Act.

‘‘(b) APPOINTMENT OF THE CHIEF FINANCIAL OFFICER.—

‘‘(1) APPOINTMENT.—

‘‘(A) IN GENERAL.—The Chief Financial Officer shall

be appointed by the Mayor with the advice and consent,

by resolution, of the Council. Upon confirmation by the

Council, the name of the Chief Financial Officer shall be

submitted to the Committees on Appropriations of the

House of Representatives and Senate, the Committee on

Government Reform of the House of Representatives, and

the Committee on Homeland Security and Governmental

Affairs of the Senate for a 30-day period of review and

comment before the appointment takes effect.

‘‘(B) SPECIAL RULE FOR CONTROL YEARS.—During a control year, the Chief Financial Officer shall be appointed

by the Mayor as follows:

‘‘(i) Prior to the appointment, the Authority may

submit recommendations for the appointment to the

Mayor.

‘‘(ii) In consultation with the Authority and the

Council, the Mayor shall nominate an individual for

appointment and notify the Council of the nomination.

‘‘(iii) After the expiration of the 7-day period which

begins on the date the Mayor notifies the Council

of the nomination under clause (ii), the Mayor shall

notify the Authority of the nomination.

‘‘(iv) The nomination shall be effective subject to

approval by a majority vote of the Authority.

‘‘(2) TERM.—

‘‘(A) IN GENERAL.—All appointments made after June

30, 2007, shall be for a term of 5 years, except for appointments made for the remainder of unexpired terms. The

appointments shall have an anniversary date of July 1.

‘‘(B) TRANSITION.—For purposes of this section, the

individual serving as Chief Financial Officer as of the date

of enactment of the 2005 District of Columbia Omnibus

Authorization Act shall be deemed to have been appointed

under this subsection, except that such individual’s initial

term of office shall begin upon such date and shall end

on June 30, 2007.

‘‘(C) CONTINUANCE.—Any Chief Financial Officer may

continue to serve beyond his term until a successor takes

office.

‘‘(D) VACANCIES.—Any vacancy in the Office of Chief

Financial Officer shall be filled in the same manner as

the original appointment under paragraph (1).

‘‘(E) PAY.—The Chief Financial Officer shall be paid

at an annual rate equal to the rate of basic pay payable

for level I of the Executive Schedule.

‘‘(c) REMOVAL OF THE CHIEF FINANCIAL OFFICER.—

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

be removed for cause by the Mayor, subject to the approval

of the Council by a resolution approved by not fewer than

2⁄3 of the members of the Council. After approval of the resolution by the Council, notice of the removal shall be submitted

120 STAT. 2032 PUBLIC LAW 109–356—OCT. 16, 2006

to the Committees on Appropriations of the House of Representatives and Senate, the Committee on Government Reform of

the House of Representatives, and the Committee on Homeland

Security and Governmental Affairs of the Senate for a 30-

day period of review and comment before the removal takes

effect.

‘‘(2) SPECIAL RULE FOR CONTROL YEARS.—During a control

year, the Chief Financial Officer may be removed for cause

by the Authority or by the Mayor with the approval of the

Authority.

‘‘(d) DUTIES OF THE CHIEF FINANCIAL OFFICER.—Notwithstanding any provisions of this Act which grant authority to other

entities of the District government, the Chief Financial Officer

shall have the following duties and shall take such steps as are

necessary to perform these duties:

‘‘(1) During a control year, preparing the financial plan

and the budget for the use of the Mayor for purposes of subtitle

A of title II of the District of Columbia Financial Responsibility

and Management Assistance Act of 1995.

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

for the year for the use of the Mayor for purposes of part

D and preparing the 5-year financial plan based upon the

adopted budget for submission with the District of Columbia

budget by the Mayor to Congress.

‘‘(3) During a control year, assuring that all financial

information presented by the Mayor is presented in a manner,

and is otherwise consistent with, the requirements of the District of Columbia Financial Responsibility and Management

Assistance Act of 1995.

‘‘(4) Implementing appropriate procedures and instituting

such programs, systems, and personnel policies within the Chief

Financial Officer’s authority, to ensure that budget, accounting,

and personnel control systems and structures are synchronized

for budgeting and control purposes on a continuing basis and

to ensure that appropriations are not exceeded.

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

Council, with the approval of the Authority during a control

year, and making public—

‘‘(A) annual estimates of all revenues of the District

of Columbia (without regard to the source of such revenues), including proposed revenues, which shall be binding

on the Mayor and the Council for purposes of preparing

and submitting the budget of the District government for

the year under part D of this title, except that the Mayor

and the Council may prepare the budget based on estimates

of revenues which are lower than those prepared by the

Chief Financial Officer; and

‘‘(B) quarterly re-estimates of the revenues of the District of Columbia during the year.

‘‘(6) Supervising and assuming responsibility for financial

transactions to ensure adequate control of revenues and

resources.

‘‘(7) Maintaining systems of accounting and internal control

designed to provide—

‘‘(A) full disclosure of the financial impact of the activities of the District government;

Public

information.

PUBLIC LAW 109–356—OCT. 16, 2006 120 STAT. 2033

‘‘(B) adequate financial information needed by the District government for management purposes;

‘‘(C) effective control over, and accountability for, all

funds, property, and other assets of the District of

Columbia; and

‘‘(D) reliable accounting results to serve as the basis

for preparing and supporting agency budget requests and

controlling the execution of the budget.

‘‘(8) Submitting to the Council a financial statement of

the District government, containing such details and at such

times as the Council may specify.

‘‘(9) Supervising and assuming responsibility for the assessment of all property subject to assessment and special assessments within the corporate limits of the District of Columbia

for taxation, preparing tax maps, and providing such notice

of taxes and special assessments (as may be required by law).

‘‘(10) Supervising and assuming responsibility for the levying and collection of all taxes, special assessments, licensing

fees, and other revenues of the District of Columbia (as may

be required by law), and receiving all amounts paid to the

District of Columbia from any source (including the Authority).

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

to or under the control of the District government (or any

department or agency of the District government), and depositing all amounts paid in such depositories and under such

terms and conditions as may be designated by the Council

(or by the Authority during a control year).

‘‘(12) Maintaining custody of all investment and invested

funds of the District government or in possession of the District

government in a fiduciary capacity, and maintaining the safekeeping of all bonds and notes of the District government

and the receipt and delivery of District government bonds and

notes for transfer, registration, or exchange.

‘‘(13) Apportioning the total of all appropriations and funds

made available during the year for obligation so as to prevent

obligation or expenditure in a manner which would result in

a deficiency or a need for supplemental appropriations during

the year, and (with respect to appropriations and funds available for an indefinite period and all authorizations to create

obligations by contract in advance of appropriations) apportioning the total of such appropriations, funds, or authorizations

in the most effective and economical manner.

‘‘(14) Certifying all contracts and leases (whether directly

or through delegation) prior to execution as to the availability

of funds to meet the obligations expected to be incurred by

the District government under such contracts and leases during

the year.

‘‘(15) Prescribing the forms of receipts, vouchers, bills, and

claims to be used by all agencies, offices, and instrumentalities

of the District government.

‘‘(16) Certifying and approving prior to payment of all bills,

invoices, payrolls, and other evidences of claims, demands, or

charges against the District government, and determining the

regularity, legality, and correctness of such bills, invoices, payrolls, claims, demands, or charges.

‘‘(17) In coordination with the Inspector General of the

District of Columbia, performing internal audits of accounts

120 STAT. 2034 PUBLIC LAW 109–356—OCT. 16, 2006

and operations and records of the District government,

including the examination of any accounts or records of financial transactions, giving due consideration to the effectiveness

of accounting systems, internal control, and related administrative practices of the departments and agencies of the District

government.

‘‘(18) Exercising responsibility for the administration and

supervision of the District of Columbia Treasurer.

‘‘(19) Supervising and administering all borrowing programs for the issuance of long-term and short-term indebtedness, as well as other financing-related programs of the District

government.

‘‘(20) Administering the cash management program of the

District government, including the investment of surplus funds

in governmental and non-governmental interest-bearing securities and accounts.

‘‘(21) Administering the centralized District government

payroll and retirement systems (other than the retirement

system for police officers, fire fighters, and teachers).

‘‘(22) Governing the accounting policies and systems

applicable to the District government.

‘‘(23) Preparing appropriate annual, quarterly, and monthly

financial reports of the accounting and financial operations

of the District government.

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

year, preparing the complete financial statement and report

on the activities of the District government for such fiscal

year, for the use of the Mayor under section 448(a)(4).

‘‘(25) Preparing fiscal impact statements on regulations,

multiyear contracts, contracts over $1,000,000 and on legislation, as required by section 4a of the General Legislative Procedures Act of 1975.

‘‘(26) Preparing under the direction of the Mayor, who

has the specific responsibility for formulating budget policy

using Chief Financial Officer technical and human resources,

the budget for submission by the Mayor to the Council and

to the public and upon final adoption to Congress and to the

public.

‘‘(27) Certifying all collective bargaining agreements and

nonunion pay proposals prior to submission to the Council

for approval as to the availability of funds to meet the obligations expected to be incurred by the District government under

such collective bargaining agreements and nonunion pay proposals during the year.

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

shall have the following duties:

‘‘(1) Assisting the Chief Financial Officer in reporting revenues received by the District government, including submitting

annual and quarterly reports concerning the cash position of

the District government not later than 60 days after the last

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

include the following:

‘‘(A) Comparative reports of revenue and other receipts

by source, including tax, nontax, and Federal revenues,

grants and reimbursements, capital program loans, and

advances. Each source shall be broken down into specific

components.

Reports.

Reports.

PUBLIC LAW 109–356—OCT. 16, 2006 120 STAT. 2035

‘‘(B) Statements of the cash flow of the District government for the preceding quarter or year, including receipts,

disbursements, net changes in cash inclusive of the beginning balance, cash and investment, and the ending balance,

inclusive of cash and investment. Such statements shall

reflect the actual, planned, better or worse dollar amounts

and the percentage change with respect to the current

quarter, year-to-date, and fiscal year.

‘‘(C) Quarterly cash flow forecast for the quarter or

year involved, reflecting receipts, disbursements, net

change in cash inclusive of the beginning balance, cash

and investment, and the ending balance, inclusive of cash

and investment with respect to the actual dollar amounts

for the quarter or year, and projected dollar amounts for

each of the 3 succeeding quarters.

‘‘(D) Monthly reports reflecting a detailed summary

analysis of all District of Columbia government investments, including—

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

‘‘(ii) a detailed summary analysis of investments

by type and amount, including purchases, sales (maturities), and interest;

‘‘(iii) an analysis of investment portfolio mix by

type and amount, including liquidity, quality/risk of

each security, and similar information;

‘‘(iv) an analysis of investment strategy, including

near-term strategic plans and projects of investment

activity, as well as forecasts of future investment

strategies based on anticipated market conditions, and

similar information; and

‘‘(v) an analysis of cash utilization, including—

‘‘(I) comparisons of budgeted percentages of

total cash to be invested with actual percentages

of cash invested and the dollar amounts;

‘‘(II) comparisons of the next return on

invested cash expressed in percentages (yield) with

comparable market indicators and established District of Columbia government yield objectives; and

‘‘(III) comparisons of estimated dollar return

against actual dollar yield.

‘‘(E) Monthly reports reflecting a detailed summary

analysis of long-term and short-term borrowings inclusive

of debt as authorized by section 603, in the current fiscal

year and the amount of debt for each succeeding fiscal

year not to exceed 5 years. All such reports shall reflect—

‘‘(i) the amount of debt outstanding by type of

instrument;

‘‘(ii) the amount of authorized and unissued debt,

including availability of short-term lines of credit,

United States Treasury borrowings, and similar

information;

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

‘‘(iv) the rate of interest payable upon the debt;

and

‘‘(v) the amount of debt service requirements and

related debt service reserves.

120 STAT. 2036 PUBLIC LAW 109–356—OCT. 16, 2006

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

Officer under subsection (d) as the Chief Financial Officer may

delegate.

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

424a and 424b)—

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

Financial Responsibility and Management Assistance Authority

established under section 101(a) of the District of Columbia

Financial Responsibility and Management Assistance Act of

1995;

‘‘(2) the term ‘control year’ has the meaning given such

term under section 305(4) of such Act; and

‘‘(3) the term ‘District government’ has the meaning given

such term under section 305(5) of such Act.’’.

(b) CLARIFICATION OF DUTIES OF CHIEF FINANCIAL OFFICER

AND MAYOR.— (1) RELATION TO FINANCIAL DUTIES OF MAYOR.—Section

448(a) of such Act (section 1–204.48(a), D.C. Official Code)

is amended by striking ‘‘section 603,’’ and inserting ‘‘section

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

(2) RELATION TO MAYOR’S DUTIES REGARDING ACCOUNTING

SUPERVISION AND CONTROL.—Section 449 of such Act (section

1–204.49, D.C. Official Code) is amended by striking ‘‘The

Mayor’’ and inserting ‘‘Except to the extent provided under

section 424(d), the Mayor’’.

SEC. 202. PERSONNEL AUTHORITY.

(a) PROVIDING INDEPENDENT PERSONNEL AUTHORITY.— (1) IN GENERAL.—Part B of title IV of the District of

Columbia Home Rule Act is amended by adding at the end

the following new section:

‘‘AUTHORITY OF CHIEF FINANCIAL OFFICER OVER PERSONNEL OF

OFFICE AND OTHER FINANCIAL PERSONNEL

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

of law or regulation (including any law or regulation providing

for collective bargaining or the enforcement of any collective bargaining agreement), employees of the Office of the Chief Financial

Officer of the District of Columbia, including personnel described

in subsection (b), shall be appointed by, shall serve at the pleasure

of, and shall act under the direction and control of the Chief

Financial Officer of the District of Columbia, and shall be considered

at-will employees not covered by the District of Columbia Merit

Personnel Act of 1978, except that nothing in this section may

be construed to prohibit the Chief Financial Officer from entering

into a collective bargaining agreement governing such employees

and personnel or to prohibit the enforcement of such an agreement

as entered into by the Chief Financial Officer.

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

are as follows:

‘‘(1) The General Counsel to the Chief Financial Officer

and all other attorneys in the Office of the General Counsel

within the Office of the Chief Financial Officer of the District

of Columbia, together with all other personnel of the Office.

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

by the Chief Financial Officer or any office under the personnel

authority of the Chief Financial Officer, each of whom shall

PUBLIC LAW 109–356—OCT. 16, 2006 120 STAT. 2037

act under the direction and control of the General Counsel

to the Chief Financial Officer.

‘‘(3) The heads and all personnel of the subordinate offices

of the Office (as described in section 424(a)(2) and established

as subordinate offices in section 424(a)(3)) and the Chief Financial Officers, Agency Fiscal Officers, and Associate Chief Financial Officers of all District of Columbia executive branch

subordinate and independent agencies (in accordance with subsection (c)), together with all other District of Columbia

accounting, budget, and financial management personnel

(including personnel of executive branch independent agencies,

but not including personnel of the legislative or judicial

branches of the District government).

‘‘(c) APPOINTMENT OF CERTAIN EXECUTIVE BRANCH AGENCY

CHIEF FINANCIAL OFFICERS.— ‘‘(1) IN GENERAL.—The Chief Financial Officers and Associate Chief Financial Officers of all District of Columbia executive branch subordinate and independent agencies (other than

those of a subordinate office of the Office) shall be appointed

by the Chief Financial Officer, in consultation with the agency

head, where applicable. The appointment shall be made from

a list of qualified candidates developed by the Chief Financial

Officer.

‘‘(2) TRANSITION.—Any executive branch agency Chief

Financial Officer appointed prior to the date of enactment

of the 2005 District of Columbia Omnibus Authorization Act

may continue to serve in that capacity without reappointment.

‘‘(d) INDEPENDENT AUTHORITY OVER LEGAL PERSONNEL.—Title

VIII–B of the District of Columbia Government Comprehensive

Merit Personnel Act of 1978 (sec. 1–608.51 et seq., D.C. Official

Code) shall not apply to the Office of the Chief Financial Officer

or to attorneys employed by the Office.’’

(2) CLERICAL AMENDMENT.—The table of contents of part

B of title IV of the District of Columbia Home Rule Act is

amended by adding at the end the following new item:

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

financial personnel.’’.

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

Columbia Government Comprehensive Merit Personnel Act of 1978

(D.C. Law 2–260; D.C. Official Code § 1–608.62) is amended by

striking paragraph (2).

SEC. 203. PROCUREMENT AUTHORITY.

(a) PROVIDING INDEPENDENT AUTHORITY TO PROCURE GOODS

AND SERVICES.— (1) IN GENERAL.—Part B of title IV of the District of

Columbia Home Rule Act, as amended by section 203(a)(1),

is further amended by adding at the end the following new

section:

‘‘PROCUREMENT AUTHORITY OF THE CHIEF FINANCIAL OFFICER

‘‘SEC. 424b. The Chief Financial Officer shall carry out procurement of goods and services for the Office of the Chief Financial

Officer through a procurement office or division which shall operate

independently of, and shall not be governed by, the Office of Contracting and Procurement established under the District of

120 STAT. 2038 PUBLIC LAW 109–356—OCT. 16, 2006

Columbia Procurement Practices Act of 1986 or any successor office,

except the provisions applicable under such Act to procurement

carried out by the Chief Procurement Officer established by section

105 of such Act or any successor office shall apply with respect

to the procurement carried out by the Chief Financial Officer’s

procurement office or division.’’.

(2) CLERICAL AMENDMENT.—The table of contents of part

B of title IV of the District of Columbia Home Rule Act, as

amended by section 203(a)(2), is further amended by adding

at the end following new item:

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

(b) CONFORMING AMENDMENTS.— (1) PROCUREMENT PRACTICES ACT.—Section 104 of the District of Columbia Procurement Practices Act of 1985 (sec. 2–

301.04, D.C. Official Code) is amended—

(A) in subsection (a), by striking ‘‘, and the District

of Columbia Financial Responsibility and Management

Assistance Authority’’ and inserting the following: ‘‘the District of Columbia Financial Responsibility and Management

Assistance Authority, and (to the extent described in section 424b of the District of Columbia Home Rule Act)

the Office of the Chief Financial Officer of the District

of Columbia’’; and

(B) in subsection (c), by striking the second and third

sentences.

(2) OTHER CONFORMING AMENDMENT.—Section 132 of the

District of Columbia Appropriations Act, 2006 (Public Law 109–

115) is hereby repealed.

(c) EFFECTIVE DATE.—This section and the amendments made

by this section shall take effect 6 months after the date of enactment

of this Act.

SEC. 204. FISCAL IMPACT STATEMENTS.

The General Legislative Procedures Act of 1975 (sec. 1–301.45

et seq., D.C. Official Code) is amended by adding at the end the

following new section:

‘‘FISCAL IMPACT STATEMENTS

‘‘SEC. 4. (a) BILLS AND RESOLUTIONS.—

‘‘(1) IN GENERAL.—Notwithstanding any other law, except

as provided in subsection (c), all permanent bills and resolutions

shall be accompanied by a fiscal impact statement before final

adoption by the Council.

‘‘(2) CONTENTS.—The fiscal impact statement shall include

the estimate of the costs which will be incurred by the District

as a result of the enactment of the measure in the current

and each of the first four fiscal years for which the act or

resolution is in effect, together with a statement of the basis

for such estimate.

‘‘(b) APPROPRIATIONS.—Permanent and emergency acts which

are accompanied by fiscal impact statements which reflect

unbudgeted costs, shall be subject to appropriations prior to

becoming effective.

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

declaration, ceremonial, confirmation, and sense of the Council resolutions.’’.

PUBLIC LAW 109–356—OCT. 16, 2006 120 STAT. 2039

TITLE III—AUTHORIZATION OF CERTAIN GENERAL APPROPRIATIONS

PROVISIONS

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

SUPERVISION AGENCY.

(a) AUTHORITY TO ACCEPT GIFTS.—Section 11233(b) of the

National Capital Revitalization and Self-Government Improvement

Act of 1997 (sec. 24–133(b), D.C. Official Code) is amended by

adding at the end the following new paragraphs:

‘‘(3) ACCEPTANCE OF GIFTS.— ‘‘(A) AUTHORITY TO ACCEPT GIFTS.—During fiscal years

2006 through 2008, the Director may accept and use gifts

in the form of—

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

to support offender and defendant programs; and

‘‘(ii) equipment and vocational training services

to educate and train offenders and defendants.

‘‘(B) RECORDS.—The Director shall keep accurate and

detailed records of the acceptance and use of any gifts

under subparagraph (A), and shall make such records available for audit and public inspection.

‘‘(4) REIMBURSEMENT FROM DISTRICT GOVERNMENT.—During

fiscal years 2006 through 2008, the Director may accept and

use reimbursement from the District government for space

and services provided, on a cost reimbursable basis.’’.

(b) AUTHORITY OF PUBLIC DEFENDER SERVICE TO CHARGE FEES

FOR EVENT MATERIALS.—Section 307 of the District of Columbia

Court Reform and Criminal Procedure Act of 1970 (sec. 2–1607,

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

new subsection:

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

charge fees to cover the costs of materials distributed to attendees

of educational events, including conferences, sponsored by the

Service. Notwithstanding section 3302 of title 31, United States

Code, any amounts received as fees under this subsection shall

be credited to the Service and available for use without further

appropriation.’’.

SEC. 302. EVALUATION PROCESS FOR PUBLIC SCHOOL EMPLOYEES.

Title XVII of the District of Columbia Merit Personnel Act

of 1978 (sec. 1–617.01 et seq., D.C. Official Code) is amended

by adding at the end the following new section:

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

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

during fiscal year 2006 and each succeeding fiscal year the evaluation process and instruments for evaluating District of Columbia

Public Schools employees shall be a non-negotiable item for collective bargaining purposes.’’.

SEC. 303. CLARIFICATION OF APPLICATION OF PAY PROVISIONS OF

MERIT PERSONNEL SYSTEM TO ALL DISTRICT

EMPLOYEES.

(a) DISTRICT OF COLUMBIA HOME RULE ACT.—The fourth sentence of section 422(3) of the District of Columbia Home Rule

Public inspection.

120 STAT. 2040 PUBLIC LAW 109–356—OCT. 16, 2006

Act (sec. 1–204.42(3), D.C. Official Code) is amended by striking

‘‘The system may provide’’ and inserting the following: ‘‘The system

shall apply with respect to the compensation of employees of the

District government during fiscal year 2006 and each succeeding

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

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

United States Code, is amended by adding at the end the following

new subsection:

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

not apply for pay purposes to any employee of the government

of the District of Columbia during fiscal year 2006 or any succeeding

fiscal year.’’.

SEC. 304. CRITERIA FOR RENEWING OR EXTENDING SOLE SOURCE

CONTRACTS.

Section 305 of the District of Columbia Procurement Practices

Act of 1985 (sec. 2–303.05, D.C. Official Code) is amended by

adding at the end the following new subsection:

‘‘(b) During fiscal years 2006 through 2008, a procurement

contract awarded through noncompetitive negotiations in accordance with subsection (a) may be renewed or extended only if the

Chief Financial Officer of the District of Columbia reviews the

contract and certifies that the contract was renewed or extended

in accordance with duly promulgated rules and procedures.’’.

SEC. 305. ACCEPTANCE OF GRANT AMOUNTS NOT INCLUDED IN

ANNUAL BUDGET.

(a) AUTHORITY TO ACCEPT, OBLIGATE, AND EXPEND AMOUNTS.—

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

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

by section 101(a), is amended by inserting after section 446A the

following new section:

‘‘ACCEPTANCE OF GRANT AMOUNTS NOT INCLUDED IN ANNUAL

BUDGET

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

AMOUNTS.—Notwithstanding the fourth sentence of section 446,

the Mayor, in consultation with the Chief Financial Officer of the

District of Columbia may accept, obligate, and expend Federal,

private, and other grants received by the District government that

are not reflected in the budget approved by Act of Congress as

provided in such section.

‘‘(b) CONDITIONS.—

‘‘(1) ROLE OF CHIEF FINANCIAL OFFICER; APPROVAL BY

COUNCIL.—No Federal, private, or other grant may be accepted,

obligated, or expended pursuant to subsection (a) until—

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

a report setting forth detailed information regarding such

grant; and

‘‘(B) the Council has reviewed and approved the acceptance, obligation, and expenditure of such grant.

‘‘(2) DEEMED APPROVAL BY COUNCIL.—For purposes of paragraph (1)(B), the Council shall be deemed to have reviewed

and approved the acceptance, obligation, and expenditure of

a grant if—

‘‘(A) no written notice of disapproval is filed with the

Secretary of the Council within 14 calendar days of the

Deadline.

Reports.

PUBLIC LAW 109–356—OCT. 16, 2006 120 STAT. 2041

receipt of the report from the Chief Financial Officer under

paragraph (1)(A); or

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

such deadline, the Council does not by resolution disapprove the acceptance, obligation, or expenditure of the

grant within 30 calendar days of the initial receipt of

the report from the Chief Financial Officer under paragraph (1)(A).

‘‘(c) NO OBLIGATION OR EXPENDITURE PERMITTED IN ANTICIPA- TION OF RECEIPT OR APPROVAL.—No amount may be obligated or

expended from the general fund or other funds of the District

of Columbia government in anticipation of the approval or receipt

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

or receipt of a Federal, private, or other grant not subject to such

subsection.

‘‘(d) ADJUSTMENTS TO ANNUAL BUDGET.—The Chief Financial

Officer may adjust the budget for Federal, private, and other grants

received by the District government reflected in the amounts provided in the budget approved by Act of Congress under section

446, or approved and received under subsection (b)(2) to reflect

a change in the actual amount of the grant.

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

quarterly report setting forth detailed information regarding all

Federal, private, and other grants subject to this section. Each

such report shall be submitted to the Council and to the Committees

on Appropriations of the House of Representatives and Senate

not later than 15 days after the end of the quarter covered by

the report.

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

to fiscal years 2006 through 2008.’’.

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

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

by section 101(b), is amended by inserting ‘‘section 446B,’’ after

‘‘section 446A,’’.

(c) CLERICAL AMENDMENT.—The table of contents of such Act,

as amended by section 101(c), is amended by inserting after the

item relating to section 446A the following new item:

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

SEC. 306. STANDARDS FOR ANNUAL INDEPENDENT AUDIT.

Section 448 of the District of Columbia Home Rule Act (sec.

1–204.48, D.C. Official Code) is amended—

(1) in subsection (a)(4), by striking the semicolon at the

end and inserting the following: ‘‘, as audited by the Inspector

General of the District of Columbia in accordance with subsection (c) in the case of fiscal years 2006 through 2008;’’;

and

(2) by adding at the end the following new subsection:

‘‘(c) The financial statement and report for a fiscal year prepared and submitted for purposes of subsection (a)(4) shall be

audited by the Inspector General of the District of Columbia (in

coordination with the Chief Financial Officer of the District of

Columbia) pursuant to section 208(a)(4) of the District of Columbia

Procurement Practices Act of 1985, and shall include as a basic

financial statement a comparison of audited actual year-end results

with the revenues submitted in the budget document for such

year and the appropriations enacted into law for such year using

Deadline.

120 STAT. 2042 PUBLIC LAW 109–356—OCT. 16, 2006

the format, terminology, and classifications contained in the law

making the appropriations for the year and its legislative history.’’.

SEC. 307. USE OF FINES IMPOSED FOR VIOLATION OF TRAFFIC

ALCOHOL LAWS FOR ENFORCEMENT AND PROSECUTION

OF LAWS.

Section 10(b)(3) of the District of Columbia Traffic Act, 1925

(sec. 50–2201.05(b)(3), D.C. Official Code) is amended to read as

follows:

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

imposed and collected pursuant to this subsection during fiscal

year 2006 and each succeeding fiscal year shall be transferred

to the General Fund of the District of Columbia, shall be used

by the District of Columbia exclusively for the enforcement and

prosecution of the District traffic alcohol laws, and shall remain

available until expended.’’.

SEC. 308. CERTIFICATIONS FOR ATTORNEYS IN CASES BROUGHT

UNDER INDIVIDUALS WITH DISABILITIES EDUCATION

ACT.

(a) RESPONSIBILITIES OF CHIEF FINANCIAL OFFICER.—Section

424(d) of the District of Columbia Home Rule Act (sec. 1–204.24(d),

D.C. Official Code), as amended by section 201(a), is amended

by adding at the end the following new paragraph:

‘‘(28) With respect to attorneys in special education cases

brought under the Individuals with Disabilities Education Act

in the District of Columbia during fiscal year 2006 and each

succeeding fiscal year—

‘‘(A) requiring such attorneys to certify in writing that

the attorney or representative of the attorney rendered

any and all services for which the attorney received an

award in such a case, including those received under a

settlement agreement or as part of an administrative proceeding, from the District of Columbia;

‘‘(B) requiring such attorneys, as part of the certification under subparagraph (A), to disclose any financial,

corporate, legal, membership on boards of directors, or

other relationships with any special education diagnostic

services, schools, or other special education service providers to which the attorneys have referred any clients

in any such cases; and

‘‘(C) preparing and submitting quarterly reports to the

Committees on Appropriations of the House of Representatives and Senate on the certification of and the amount

paid by the government of the District of Columbia,

including the District of Columbia Public Schools, to such

attorneys.’’.

(b) INVESTIGATIONS BY INSPECTOR GENERAL.—Section 208(a)(3)

of the District of Columbia Procurement Practices Act of 1985

(sec. 2–302.08(a)(3), D.C. Official Code) is amended by adding at

the end the following new subparagraph:

Reports.

PUBLIC LAW 109–356—OCT. 16, 2006 120 STAT. 2043

LEGISLATIVE HISTORY—H.R. 3508:

HOUSE REPORTS: No. 109–267 (Comm. on Government Reform).

CONGRESSIONAL RECORD:

Vol. 151 (2005): Dec. 14, considered and passed House.

Vol. 152 (2006): Aug. 3, considered and passed Senate, amended.

Sept. 25, House concurred in Senate amendment.

Æ

‘‘(J) During fiscal year 2006 and each succeeding fiscal year,

conduct investigations to determine the accuracy of certifications

made to the Chief Financial Officer of the District of Columbia

under section 424(d)(28) of the District of Columbia Home Rule

Act of attorneys in special education cases brought under the

Individuals with Disabilities Education Act in the District of

Columbia.’’.

Approved October 16, 2006.