100 
quarter (or year) involved. Each such report shall in-
clude the following: 
‘‘(A) Comparative reports of revenue and 
other receipts by source, including tax, nontax, 
and Federal revenues, grants and reimburse-
ments, capital program loans, and advances. 
Each source shall be broken down into specific 
components. 
‘‘(B) Statements of the cash flow of the Dis-
trict government for the preceding quarter or 
year, including receipts, disbursements, net 
changes in cash inclusive of the beginning bal-
ance, cash and investment, and the ending bal-
ance, 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, dis-
bursements, 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 
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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 port-
folio mix by type and amount, including li-
quidity, quality/risk of each security, and 
similar information; 
‘‘(iv) an analysis of investment strat-
egy, 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 per-
centages of total cash to be invested 
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102 
with actual percentages of cash in-
vested and the dollar amounts; 
‘‘(II) comparisons of the next re-
turn on invested cash expressed in per-
centages (yield) with comparable mar-
ket indicators and established District 
of Columbia government yield objec-
tives; 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 sec-
tion 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 re-
flect— 
‘‘(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 informa-
tion; 
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‘‘(iii) a maturity schedule of the debt; 
‘‘(iv) the rate of interest payable upon 
the debt; and 
‘‘(v) the amount of debt service require-
ments and related debt service reserves. 
‘‘(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 
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104 
‘‘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 AUTHOR-
ITY.— 
(1) IN GENERAL.—Part B of title IV of the Dis-
trict of Columbia Home Rule Act is amended by add-
ing 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 regu-
lation providing for collective bargaining or the enforce-
ment 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 Finan-
cial Officer of the District of Columbia, and shall be consid-
ered at-will employees not covered by the District of Colum-
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105 
bia 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 Finan-
cial 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 act under the direction 
and control of the General Counsel to the Chief Fi-
nancial Officer. 
‘‘(3) The heads and all personnel of the subordi-
nate 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 
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106 
subordinate and independent agencies (in accordance 
with subsection (c)), together with all other District of 
Columbia accounting, budget, and financial manage-
ment personnel (including personnel of executive 
branch independent agencies, but not including per-
sonnel 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 inde-
pendent agencies (other than those of a subordinate 
office of the Office) shall be appointed by the Chief Fi-
nancial 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 ca-
pacity without reappointment. 
‘‘(d) INDEPENDENT AUTHORITY OVER LEGAL PER-
SONNEL.—Title VIII–B of the District of Columbia Govern-
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107 
ment 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 em-
ployed by the Office.’’ 
(2) CLERICAL AMENDMENT.—The table of con-
tents 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 PRO-
CURE GOODS AND SERVICES.— 
(1) IN GENERAL.—Part B of title IV of the Dis-
trict of Columbia Home Rule Act, as amended by sec-
tion 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 di-
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vision which shall operate independently of, and shall not 
be governed by, the Office of Contracting and Procurement 
established under the District of Columbia Procurement 
Practices Act of 1986 or any successor office, except the pro-
visions 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 Finan-
cial Officer’s procurement office or division.’’. 
(2) CLERICAL AMENDMENT.—The table of con-
tents 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 Prac-
tices 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 in-
serting the following: ‘‘the District of Columbia 
Financial Responsibility and Management As-
sistance Authority, and (to the extent described 
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109 
in section 424b of the District of Columbia Home 
Rule Act) the Office of the Chief Financial Offi-
cer 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 amend-
ments 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 perma-
nent 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 
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110 
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 appropria-
tions prior to becoming effective. 
‘‘(c) APPLICABILITY.—Subsection (a) shall not apply 
to emergency declaration, ceremonial, confirmation, and 
sense of the Council resolutions.’’. 
TITLE III—AUTHORIZATION OF 
CERTAIN 
GENERAL 
APPRO-
PRIATIONS 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.—Dur-
ing fiscal years 2006 through 2008, the Director 
may accept and use gifts in the form of— 
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111 
‘‘(i) in-kind contributions of space and 
hospitality to support offender and defend-
ant programs; and 
‘‘(ii) equipment and vocational train-
ing 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 GOVERN-
MENT.—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 Proce-
dure 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 Serv-
ice may charge fees to cover the costs of materials distrib-
uted to attendees of educational events, including con-
ferences, sponsored by the Service. Notwithstanding section 
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112 
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 EM-
PLOYEES. 
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 fis-
cal year the evaluation process and instruments for evalu-
ating District of Columbia Public Schools employees shall 
be a non-negotiable item for collective bargaining pur-
poses.’’. 
SEC. 303. CLARIFICATION OF APPLICATION OF PAY PROVI-
SIONS 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 Act (sec. 1–204.42(3), D.C. Official Code) is 
amended by striking ‘‘The system may provide’’ and insert-
ing the following: ‘‘The system shall apply with respect to 
the compensation of employees of the District government 
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113 
during fiscal year 2006 and each succeeding fiscal year, ex-
cept 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 chap-
ter 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 sub-
section: 
‘‘(b) During fiscal years 2006 through 2008, a procure-
ment contract awarded through noncompetitive negotia-
tions 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 con-
tract was renewed or extended in accordance with duly pro-
mulgated rules and procedures.’’. 
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114 
SEC. 305. ACCEPTANCE OF GRANT AMOUNTS NOT IN-
CLUDED 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. Of-
ficial 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 sen-
tence of section 446, the Mayor, in consultation with the 
Chief Financial Officer of the District of Columbia may ac-
cept, obligate, and expend Federal, private, and other 
grants received by the District government that are not re-
flected in the budget approved by Act of Congress as pro-
vided in such section. 
‘‘(b) CONDITIONS.— 
‘‘(1) ROLE OF CHIEF FINANCIAL OFFICER; AP-
PROVAL BY COUNCIL.—No Federal, private, or other 
grant may be accepted, obligated, or expended pursu-
ant to subsection (a) until— 
‘‘(A) the Chief Financial Officer submits to 
the Council a report setting forth detailed infor-
mation regarding such grant; and 
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115 
‘‘(B) the Council has reviewed and ap-
proved the acceptance, obligation, and expendi-
ture of such grant. 
‘‘(2) DEEMED APPROVAL BY COUNCIL.—For pur-
poses 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 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 
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 anticipa-
tion of the approval or receipt of a grant under subsection 
(b)(2) or in anticipation of the approval or receipt of a 
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116 
Federal, private, or other grant not subject to such sub-
section. 
‘‘(d) ADJUSTMENTS TO ANNUAL BUDGET.—The Chief 
Financial Officer may adjust the budget for Federal, pri-
vate, 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 re-
ceived under subsection (b)(2) to reflect a change in the ac-
tual amount of the grant. 
‘‘(e) REPORTS.—The Chief Financial Officer shall pre-
pare 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 ‘‘sec-
tion 446B,’’ after ‘‘section 446A,’’. 
(c) CLERICAL AMENDMENT.—The table of contents of 
such Act, as amended by section 101(c), is amended by in-
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117 
serting 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 semi-
colon at the end and inserting the following: ‘‘, as au-
dited by the Inspector General of the District of Co-
lumbia in accordance with subsection (c) in the case 
of fiscal years 2006 through 2008;’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(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 Dis-
trict 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 Prac-
tices 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 the format, terminology, and classifications contained 
in the law making the appropriations for the year and its 
legislative history.’’. 
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118 
SEC. 307. USE OF FINES IMPOSED FOR VIOLATION OF TRAF-
FIC 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 dur-
ing fiscal year 2006 and each succeeding fiscal year shall 
be transferred to the General Fund of the District of Colum-
bia, 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 DIS-
ABILITIES EDUCATION ACT. 
(a) RESPONSIBILITIES OF CHIEF FINANCIAL OFFI-
CER.—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 fol-
lowing new paragraph: 
‘‘(28) With respect to attorneys in special edu-
cation cases brought under the Individuals with Dis-
abilities Education Act in the District of Columbia 
during fiscal year 2006 and each succeeding fiscal 
year— 
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119 
‘‘(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 pro-
ceeding, from the District of Columbia; 
‘‘(B) requiring such attorneys, as part of 
the certification under subparagraph (A), to dis-
close any financial, corporate, legal, membership 
on boards of directors, or other relationships 
with any special education diagnostic services, 
schools, or other special education service pro-
viders 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 gov-
ernment of the District of Columbia, including 
the District of Columbia Public Schools, to such 
attorneys.’’. 
(b) INVESTIGATIONS BY INSPECTOR GENERAL.—Sec-
tion 208(a)(3) of the District of Columbia Procurement 
Practices Act of 1985 (sec. 2–302.08(a)(3), D.C. Official 
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120 
Code) is amended by adding at the end the following new 
subparagraph: 
‘‘(J) During fiscal year 2006 and each succeeding fis-
cal 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 Dis-
trict of Columbia Home Rule Act of attorneys in special 
education cases brought under the Individuals with Disabil-
ities Education Act in the District of Columbia.’’. 
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Calendar No. 534 
109TH CONGRESS 
2D SESSION 
H. R. 3508 
AN ACT 
To authorize improvements in the operation of the 
government of the District of Columbia, and for 
other purposes. 
JULY 25, 2006 
Reported with an amendment 
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