I 
109TH CONGRESS 
1ST SESSION H. R. 3508 
To authorize improvements in the operation of the government of the District 
of Columbia, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 28, 2005 
Mr. TOM DAVIS of Virginia (for himself and Ms. NORTON) introduced the 
following bill; which was referred to the Committee on Government Reform 
A BILL 
To authorize improvements in the operation of the govern-
ment of the District of Columbia, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘2005 District of Columbia Omnibus Authorization Act’’. 
(b) TABLE OF CONTENTS .—The table of contents 
of this Act is as follows: 
Sec. 1. Short Title; Table of Contents. 
TITLE I—GOVERNANCE OF DISTRICT OF COLUMBIA 
Subtitle A—General District of Columbia Governance 
Sec. 101. Budget flexibility. 
Sec. 102. Additional authority to allocate amounts in reserve funds.
Sec. 103. Authority of Mayor of District of Columbia to appoint members of 
Public Charter School Board. 
Subtitle B—District of Columbia Courts 
Sec. 111. Modernization of Office of Register of Wills. 
Sec. 112. Increase in cap on rates of pay for nonjudicial employees. 
Sec. 113. Clarification of rate for individuals providing services to indigent de-
fendants. 
Sec. 114. Authority of courts to conduct proceedings outside of District of Co-
lumbia during emergencies. 
Sec. 115. Technical corrections relating to courts. 
Subtitle C—Other Miscellaneous Technical Corrections 
Sec. 121. 2004 District of Columbia Omnibus Authorization Act. 
Sec. 122. District of Columbia Appropriations Act, 2005. 
TITLE II—INDEPENDENCE OF THE CHIEF FINANCIAL OFFICER 
Sec. 201. Promoting independence of Chief Financial Officer. 
Sec. 202. Personnel authority. 
Sec. 203. Procurement authority. 
Sec. 204. Fiscal impact statements. 
TITLE III—AUTHORIZATION OF CERTAIN GENERAL 
APPROPRIATIONS PROVISIONS 
Sec. 301. Acceptance of gifts by Court Services and Offender Supervision Agen-
cy. 
Sec. 302. Evaluation process for public school employees. 
Sec. 303. Clarification of application of pay provisions of merit personnel sys-
tem 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 enforce-
ment 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 APPRO-
PRIATED 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 unantici-
pated growth of revenue collections, the amount appro-
priated as District of Columbia funds under budget ap-
proved 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 allo-
cated 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 ex-
pended in accordance with laws enacted by the 
Council of the District of Columbia in support of 
each such obligation and expenditure, consistent 
with any other requirements under law. 
‘‘(3) The amounts may not be used to fund any 
agencies of the District government operating under 
court-ordered receivership. 
‘‘(4) The amounts may not be obligated or ex-
pended unless the Mayor has notified the Commit-
tees on Appropriations of the House of Representa-
tives and Senate, the Committee on Government Re-
form of the House of Representatives, and the Com-
mittee on Homeland Security and Governmental Af-
fairs of the Senate not fewer than 30 days in ad-
vance 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 sen-
tence of section 446 of such Act (sec. 1–204.46, D.C. Offi-
cial 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 sub-
section (d); and 
(2) by inserting after subsection (b) the fol-
lowing 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 manage-
ment purposes. 
‘‘(2) LIMITS ON AMOUNT ALLOCATED.—
‘‘(A) AMOUNT
OF
INDIVIDUAL
ALLOCA-
TION.—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 al-
location is made. 
‘‘(B) AGGREGATE AMOUNT ALLOCATED.—
The aggregate amount allocated from the emer-
gency reserve fund or the contingency reserve 
fund pursuant to the authority of this sub-
section 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 Co-
lumbia 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 year 2006 and each suc-
ceeding fiscal year.’’. 
(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.—
The District of Columbia’’ and inserting the fol-
lowing: 
‘‘(7) REPLENISHMENT.—
‘‘(A) IN GENERAL.—The District of Co-
lumbia’’; and 
(B) by adding at the end the following new 
subparagraph: 
‘‘(B) SPECIAL RULE FOR REPLENISHMENT 
AFTER ALLOCATION FOR CASH FLOW MANAGE-
MENT.—
‘‘(i) IN GENERAL.—If the District al-
locates amounts from the emergency re-
serve 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 subse-
quent allocation from the fund for pur-
poses 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 pe-
riod which begins on the date of the subse-
quent 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.—
The District of Columbia’’ and inserting the fol-
lowing: 
‘‘(6) REPLENISHMENT.—
‘‘(A) IN GENERAL.—The District of Co-
lumbia’’; and 
(B) by adding at the end the following new 
subparagraph: 
‘‘(B) SPECIAL RULE FOR REPLENISHMENT 
AFTER ALLOCATION FOR CASH FLOW MANAGE-
MENT.—
‘‘(i) IN GENERAL.—If the District al-
locates amounts from the contingency re-
serve 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 subse-
quent allocation from the fund for pur-
poses 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 pe-
riod which begins on the date of the subse-
quent allocation.’’. 
SEC. 103. AUTHORITY OF MAYOR OF DISTRICT OF COLUM-
BIA TO APPOINT MEMBERS OF PUBLIC CHAR-
TER SCHOOL BOARD. 
(a) 
APPOINTMENT
OF
MEMBERS.—Section 
2214(a)(2) of the District of Columbia School Reform Act 
of 1995 (sec. 38–1802.14(a)(2), D.C. Official Code) is 
amended by striking ‘‘The Secretary of Education’’ and 
all that follows through ‘‘represented on the Board:’’ and 
inserting the following: ‘‘The Board shall consist of 7 indi-
viduals appointed by the Mayor in consultation with the 
District of Columbia Council who are determined by the 
Mayor to be qualified to serve on the Board, so that a 
knowledge of each of the following areas is represented:’’. 
(b) FILLING OF VACANCIES.—Section 2214(a)(3) of 
such Act (sec. 38–1802.14(a)(3), D.C. Official Code) is 
amended to read as follows: 
‘‘(3) VACANCIES.—When a vacancy occurs in 
the membership of the Board for reasons other than
the expiration of the term of a member, the Mayor, 
in consultation with the District of Columbia Coun-
cil, shall appoint an individual to fill the vacancy 
taking into consideration the criteria described in 
paragraph (2). Any individual appointed to fill a va-
cancy occurring prior to the expiration of the term 
of a predecessor shall be appointed only for the re-
mainder of that term.’’. 
(c) CONFORMING AMENDMENT.—Section 2214(a) of 
such Act (sec. 38–1802.14(a), D.C. Official Code) is 
amended—
(1) by striking paragraph (4); and 
(2) by redesignating paragraphs (5) and (6) as 
paragraphs (4) and (5). 
‘‘(3) VACANCIES.—When a vacancy occurs in 
the membership of the Board for reasons other than 
the expiration of the term of a member, the Mayor, 
in consultation with the District of Columbia Coun-
cil, shall appoint an individual to fill the vacancy 
taking into consideration the criteria described in 
paragraph (2). Any individual appointed to fill a va-
cancy occurring prior to the expiration of the term 
of a predecessor shall be appointed only for the re-
mainder of that term.’’.