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[109th Congress Public Law 356]
[From the U.S. Government Printing Office]

[DOCID: f:publ356.109]

[[Page 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. <<NOTE: Oct. 16, 
                         2006 -  [H.R. 3508]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress <<NOTE: 2005 District of Columbia 
Omnibus Authorization Act.>> assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This <<NOTE: 5 USC 101 note.>> 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.

[[Page 120 STAT. 2020]]

Sec. 302. Evaluation process for public school employees.
Sec. 303. Clarification of application of pay provisions of Merit 
           Personnel System to all District employees.
Sec. 304. Criteria for renewing or extending sole source contracts.
Sec. 305. Acceptance of grant amounts not included in annual budget.
Sec. 306. Standards for annual independent audit.
Sec. 307. Use of fines imposed for violation of traffic alcohol laws for 
           enforcement and prosecution of laws.
Sec. 308. Certifications for attorneys in cases brought under 
           Individuals With Disabilities Education Act.

               TITLE I--GOVERNANCE OF DISTRICT OF COLUMBIA

           Subtitle A--General District of Columbia Governance

SEC. 101. BUDGET FLEXIBILITY.

    (a) Permitting Increase in Amount Appropriated as Local Funds During 
a Fiscal Year.--Subpart 1 of part D of title IV of the District of 
Columbia Home Rule Act (sec. 1-204.41 et seq., D.C. Official Code) is 
amended by inserting after section 446 the following new section:

  ``PERMITTING INCREASE IN AMOUNT APPROPRIATED AS LOCAL FUNDS DURING A 
                               FISCAL YEAR

    ``Sec. 446A.  (a) In General.--Notwithstanding the fourth sentence 
of section 446, to account for an unanticipated growth of revenue 
collections, the amount appropriated as District of Columbia funds under 
budget approved by Act of Congress as provided in such section may be 
increased--
            ``(1) by an aggregate amount of not more than 25 percent, in 
        the case of amounts allocated under the budget as `Other-Type 
        Funds'; and
            ``(2) by an aggregate amount of not more than 6 percent, in 
        the case of any other amounts allocated under the budget.

    ``(b) Conditions.--The District of Columbia may obligate and expend 
any increase in the amount of funds authorized under this section only 
in accordance with the following conditions:
            ``(1) The Chief Financial Officer of the District of 
        Columbia shall certify--
                    ``(A) the increase in revenue; and
                    ``(B) that the use of the amounts is not anticipated 
                to have a negative impact on the long-term financial, 
                fiscal, or economic health of the District.
            ``(2) The amounts shall be obligated and expended in 
        accordance with laws enacted by the Council of the District of 
        Columbia in support of each such obligation and expenditure, 
        consistent with any other requirements under law.
            ``(3) The amounts may not be used to fund any agencies of 
        the District government operating under court-ordered 
        receivership.
            ``(4) <<NOTE: Deadline.>> 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 

[[Page 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:

[[Page 120 STAT. 2022]]

            ``(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.''.

[[Page 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 <<NOTE: Deadline.>> 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 <<NOTE: Records.>> 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;

[[Page 120 STAT. 2024]]

            ``(5) <<NOTE: Reports.>> 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:

``Sec. 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

[[Page 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:

``Sec. 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

[[Page 120 STAT. 2026]]

            ``(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 Self-
Government Improvement Act of 1997 (sec. 24-133, D.C. Official Code) is 
amended by adding at the end the following new subsection:
    ``(g) Authority To Use Services of Volunteers.--
            ``(1) In general.--The Agency (including any independent 
        entity within the Agency) may accept the services of volunteers 
        and provide for their incidental expenses to carry out any 
        activity of the Agency except policy-making.
            ``(2) Applicability of worker's compensation rules to 
        volunteers.--Any volunteer whose services are accepted pursuant 
        to this subsection shall be considered an employee of the United 
        States Government in providing the services for purposes of 
        chapter 81 of title 5, United States Code (relating to 
        compensation for work injuries) 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

[[Page 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

[[Page 120 STAT. 2028]]

            (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''.

[[Page 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

[[Page 120 STAT. 2030]]

                Commissioner's Order 69-96, issued March 7, 1969, is 
                changed to the Office of Budget and Planning.
                    ``(B) Office of tax and revenue.--The name of the 
                Department of Finance and Revenue, established by 
                Commissioner's Order 69-96, issued March 7, 1969, is 
                changed to the Office of Tax and Revenue.
                    ``(C) Office of finance and treasury.--The name of 
                the Office of Treasurer, established by Mayor's Order 
                89-244, dated October 23, 1989, is changed to the Office 
                of Finance and Treasury.
                    ``(D) Office of financial operations and systems.--
                The Office of the Controller, established by Mayor's 
                Order 89-243, dated October 23, 1989, and the Office of 
                Financial Information Services, established by Mayor's 
                Order 89-244, dated October 23, 1989, are consolidated 
                into the Office of Financial Operations and Systems.
            ``(3) Transfers.--Effective with the appointment of the 
        first Chief Financial Officer under subsection (b), the 
        functions and personnel of the following offices are established 
        as subordinate offices within the Office:
                    ``(A) The Office of Budget and Planning, headed by 
                the Deputy Chief Financial Officer for the Office of 
                Budget and Planning.
                    ``(B) The Office of Tax and Revenue, headed by the 
                Deputy Chief Financial Officer for the Office of Tax and 
                Revenue.
                    ``(C) The Office of Research and Analysis, headed by 
                the Deputy Chief Financial Officer for the Office of 
                Research and Analysis.
                    ``(D) The Office of Financial Operations and 
                Systems, headed by the Deputy Chief Financial Officer 
                for the Office of Financial Operations and Systems.
                    ``(E) The Office of Finance and Treasury, headed by 
                the District of Columbia Treasurer.
                    ``(F) The Lottery and Charitable Games Control 
                Board, established by the Law to Legalize Lotteries, 
                Daily Numbers Games, and Bingo and Raffles for 
                Charitable Purposes in the District of Columbia, 
                effective March 10, 1981 (D.C. Law 3-172; D.C. Official 
                Code Sec. 3-1301 et seq.).
            ``(4) Supervisor.--The heads of the offices listed in 
        paragraph (3) of this section shall serve at the pleasure of the 
        Chief Financial Officer.
            ``(5) Appointment and removal of office employees.--The 
        Chief Financial Officer shall appoint the heads of the 
        subordinate offices designated in paragraph (3), after 
        consultation with the Mayor and the Council. The Chief Financial 
        Officer may remove the heads of the offices designated in 
        paragraph (3), after consultation with the Mayor and the 
        Council.
            ``(6) Annual budget submission.--The Chief Financial Officer 
        shall prepare and annually submit to the Mayor of the District 
        of Columbia, for inclusion in the annual budget of the District 
        of Columbia government for a fiscal year, annual estimates of 
        the expenditures and appropriations necessary for the year for 
        the operation of the Office and all other District of Columbia 
        accounting, budget, and financial management

[[Page 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

[[Page 120 STAT. 2032]]

        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) <<NOTE: Public information.>> 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;

[[Page 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

[[Page 120 STAT. 2034]]

        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) <<NOTE: Reports.>> 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) <<NOTE: Reports.>> 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.

[[Page 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.

[[Page 120 STAT. 2036]]

            ``(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

[[Page 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 Sec. 1-608.62) is amended by striking paragraph (2).

SEC. 203. PROCUREMENT AUTHORITY.

    (a) Providing Independent Authority To Procure Goods and Services.--
            (1) In general.--Part B of title IV of the District of 
        Columbia Home Rule Act, as amended by section 203(a)(1), is 
        further amended by adding at the end the following new section:

         ``PROCUREMENT AUTHORITY OF THE CHIEF FINANCIAL OFFICER

    ``Sec. 424b. The Chief Financial Officer shall carry out procurement 
of goods and services for the Office of the Chief Financial Officer 
through a procurement office or division which shall operate 
independently of, and shall not be governed by, the Office of 
Contracting and Procurement established under the District of

[[Page 120 STAT. 2038]]

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.''.

[[Page 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 <<NOTE: Public 
                inspection.>> 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

[[Page 120 STAT. 2040]]

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) <<NOTE: Reports.>> 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) <<NOTE: Deadline.>> no written notice of 
                disapproval is filed with the Secretary of the Council 
                within 14 calendar days of the 

[[Page 120 STAT. 2041]]

                receipt of the report from the Chief Financial Officer 
                under paragraph (1)(A); or
                    ``(B) <<NOTE: Deadline.>> if such a notice of 
                disapproval is filed within such deadline, the Council 
                does not by resolution disapprove the acceptance, 
                obligation, or expenditure of the grant within 30 
                calendar days of the initial receipt of the report from 
                the Chief Financial Officer under paragraph (1)(A).

    ``(c) No Obligation or Expenditure Permitted in Anticipation of 
Receipt or Approval.--No amount may be obligated or expended from the 
general fund or other funds of the District of Columbia government in 
anticipation of the approval or receipt of a grant under subsection 
(b)(2) or in anticipation of the approval or receipt of a Federal, 
private, or other grant not subject to such subsection.
    ``(d) Adjustments to Annual Budget.--The Chief Financial Officer may 
adjust the budget for Federal, private, and other grants received by the 
District government reflected in the amounts provided in the budget 
approved by Act of Congress under section 446, or approved and received 
under subsection (b)(2) to reflect a change in the actual amount of the 
grant.
    ``(e) Reports.--The Chief Financial Officer shall prepare a 
quarterly report setting forth detailed information regarding all 
Federal, private, and other grants subject to this section. Each such 
report shall be submitted to the Council and to the Committees on 
Appropriations of the House of Representatives and Senate not later than 
15 days after the end of the quarter covered by the report.
    ``(f) Effective Date.--This section shall apply with respect to 
fiscal 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

[[Page 120 STAT. 2042]]

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) <<NOTE: Reports.>> 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:

[[Page 120 STAT. 2043]]

    ``(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.

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.

                                  <all>
```