II 
Calendar No. 534 
109TH CONGRESS 
2D SESSION 
H.R. 3508 
IN THE SENATE OF THE UNITED STATES 
DECEMBER 15, 2005 
Received 
JANUARY 27, 2006 
Read twice and referred to the Committee on Homeland Security and 
Governmental Affairs 
JULY 25, 2006 
Reported by Ms. COLLINS, with an amendment 
[Strike out all after the enacting clause and insert the part printed in italic] 
AN ACT 
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: 
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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 serv-
ices on behalf of District of Columbia Public Defender Service. 
Sec. 104. Authority to enter into Interstate Insurance Product Regulation 
Compact. 
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. Authority of Court Services and Offender Supervision Agency to use 
services of volunteers. 
Sec. 116. 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. 
Sec. 123. Technical and conforming amendments relating to banks operating 
under the Code of Law for the District of Columbia. 
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. 
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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. 
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‘‘(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-
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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 
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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 
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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.— 
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: 
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‘‘(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-
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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 
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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. PERMITTING GENERAL SERVICES ADMINISTRA-
TION 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 
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or indirectly by entering into leases with non-Federal enti-
ties) 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 Govern-
ment. 
(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 INSUR-
ANCE PRODUCT REGULATION COMPACT. 
(a) IN GENERAL.—The District of Columbia is au-
thorized to enter into an interstate compact to establish 
a joint state commission as an instrumentality of the Dis-
trict 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 au-
thorizes 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. 
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Subtitle B—District of Columbia 
Courts 
SEC. 111. MODERNIZATION OF OFFICE OF REGISTER OF 
WILLS. 
(a) REVISION OF DUTIES.—Section 11–2104(b), Dis-
trict of Columbia Official Code, is amended to read as fol-
lows: 
‘‘(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, proc-
ess, and order of the court; 
‘‘(5) prepare and submit to the Executive Offi-
cer 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.’’. 
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(b) REPEAL OF PENALTIES.— 
(1) IN GENERAL.—Section 11–2104, District of 
Columbia Code, is amended— 
(A) in the heading, by striking ‘‘; pen-
alties’’; and 
(B) by striking subsections (d) and (e). 
(2) CLERICAL AMENDMENT.—The item relating 
to section 11–2104 in the table of sections for chap-
ter 21 of title 11, District of Columbia Official Code, 
is amended by striking ‘‘; penalties’’. 
(c) RECORD OF CLAIMS AGAINST NONRESIDENT DE-
CEDENTS.—Section 20–343(d), District of Columbia Offi-
cial 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 NON-
JUDICIAL EMPLOYEES. 
(a) IN GENERAL.—The second sentence of section 
11–1726(a), District of Columbia Official Code, is amend-
ed by striking ‘‘pay fixed by administrative action in sec-
tion 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 be-
ginning on or after the date of the enactment of this Act. 
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SEC. 113. CLARIFICATION OF RATE FOR INDIVIDUALS PRO-
VIDING
SERVICES
TO
INDIGENT
DEFEND-
ANTS. 
(a) IN GENERAL.—Section 11–2605, District of Co-
lumbia 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 in-
vestigative 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 in-
vestigative 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
PRO-
CEEDINGS OUTSIDE OF DISTRICT OF COLUM-
BIA 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 sec-
tion: 
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‘‘§ 11–710.
Emergency
authority
to
conduct
pro-
ceedings outside District of Columbia. 
‘‘(a) IN GENERAL.—The court may hold special ses-
sions 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 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 Judi-
cial Administration in the District of Columbia that, be-
cause of emergency conditions, no location within the Dis-
trict of Columbia is reasonably available where such spe-
cial 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 Ap-
peals issues an order exercising its authority under sub-
section (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 
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‘‘(2) shall provide reasonable notice to the 
United States Marshals Service before the com-
mencement of any special session held pursuant to 
such order.’’. 
(2) CLERICAL AMENDMENT.—The table of con-
tents 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 Co-
lumbia.’’. 
(b) SUPERIOR COURT OF THE DISTRICT OF COLUM-
BIA.— 
(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 sec-
tion: 
‘‘§ 11–911.
Emergency
authority
to
conduct
pro-
ceedings outside District of Columbia. 
‘‘(a) IN GENERAL.—The Superior Court may hold 
special sessions at any place within the United States out-
side 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 Su-
perior 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 Dis-
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trict 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 ses-
sions 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 jurisdic-
tion in which it is holding the special session; and 
‘‘(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 sub-
section (a), the Court— 
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‘‘(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 com-
mencement of any special session held pursuant to 
such order.’’. 
(2) CLERICAL AMENDMENT.—The table of con-
tents 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 Co-
lumbia.’’. 
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 VOLUN-
TEERS.— 
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‘‘(1) IN GENERAL.—The Agency (including any 
independent entity within the Agency) may accept 
the services of volunteers and provide for their inci-
dental expenses to carry out any activity of the 
Agency except policy-making. 
‘‘(2) APPLICABILITY OF WORKER’S COMPENSA-
TION 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).’’. 
SEC.
116.
TECHNICAL
CORRECTIONS
RELATING
TO 
COURTS. 
(a) IN GENERAL.—Section 329 of the District of Co-
lumbia Appropriations Act, 2005 (Public Law 108–335; 
118 Stat. 1345), is amended to read as follows: 
‘‘SEC. 329. (a) APPROVAL OF BONDS BY JOINT COM-
MITTEE
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: 
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‘§ 11–1704. Oath of Executive Officer. 
‘The Executive Officer shall take an oath or affirma-
tion 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 Co-
lumbia Official Code, is 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 sec-
ond 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 
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‘‘(C) by striking the third sentence of sub-
section (a). 
‘‘(2) CLERICAL AMENDMENT.—The item relat-
ing 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 enact-
ment of the District of Columbia Appropriations Act, 
2005. 
Subtitle C—Other Miscellaneous 
Technical Corrections 
SEC. 121. 2004 DISTRICT OF COLUMBIA OMNIBUS AUTHOR-
IZATION 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,’’. 
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(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall take effect as if included in the enact-
ment of the 2004 District of Columbia Omnibus Author-
ization 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 Co-
lumbia 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 enact-
ment of the District of Columbia Appropriations Act, 
2005. 
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SEC. 123. TECHNICAL AND CONFORMING AMENDMENTS RE-
LATING TO BANKS OPERATING UNDER THE 
CODE OF LAW FOR THE DISTRICT OF COLUM-
BIA. 
(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 ‘‘incor-
porated by special law of any State, or’’ and insert-
ing ‘‘incorporated by special law of any State, oper-
ating under the Code of Law for the District of Co-
lumbia, 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 op-
erating under the supervision of the Comptroller of 
the Currency’’. 
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(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 Dis-
trict 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 strik-
ing ‘‘(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 
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amended by striking ‘‘(except a national banking associa-
tion)’’. 
(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 Dis-
trict of Columbia’’. 
TITLE II—INDEPENDENCE OF 
THE CHIEF FINANCIAL OFFICER 
SEC. 201. PROMOTING INDEPENDENCE OF CHIEF FINAN-
CIAL OFFICER. 
(a) IN GENERAL.—Section 424 of the District of Co-
lumbia Home Rule Act (sec. 1–204.24a et seq., D.C. Offi-
cial 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 estab-
lished within the executive branch of the government 
of the District of Columbia an Office of the Chief 
Financial Officer of the District of Columbia (here-
after referred to as the ‘Office’), which shall be 
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headed by the Chief Financial Officer of the District 
of Columbia (hereafter referred to as the ‘Chief Fi-
nancial Officer’). 
‘‘(2) ORGANIZATIONAL ANALYSIS.— 
‘‘(A)
OFFICE
OF
BUDGET
AND
PLAN-
NING.—The name of the Office of Budget and 
Management,
established
by
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 Rev-
enue, established by Commissioner’s Order 69– 
96, issued March 7, 1969, is changed to the Of-
fice of Tax and Revenue. 
‘‘(C) OFFICE
OF
FINANCE
AND
TREAS-
URY.—The name of the Office of Treasurer, es-
tablished by Mayor’s Order 89–244, dated Oc-
tober 23, 1989, is changed to the Office of Fi-
nance 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 
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consolidated into the Office of Financial Oper-
ations and Systems. 
‘‘(3) TRANSFERS.—Effective with the appoint-
ment of the first Chief Financial Officer under sub-
section (b), the functions and personnel of the fol-
lowing 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 Fi-
nancial Officer for the Office of Financial Oper-
ations 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 Le-
galize Lotteries, Daily Numbers Games, and 
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Bingo and Raffles for Charitable Purposes in 
the District of Columbia, effective March 10, 
1981 (D.C. Law 3–172; D.C. Official Code § 
3–1301 et seq.). 
‘‘(4) SUPERVISOR.—The heads of the offices 
listed in paragraph (3) of this section shall serve at 
the pleasure of the Chief Financial Officer. 
‘‘(5) APPOINTMENT AND REMOVAL OF OFFICE 
EMPLOYEES.—The Chief Financial Officer shall ap-
point 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 para-
graph (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 inclu-
sion in the annual budget of the District of Colum-
bia 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 finan-
cial management personnel (including personnel of 
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executive branch independent agencies) that report 
to the Office pursuant to this Act. 
‘‘(b) APPOINTMENT OF THE CHIEF FINANCIAL OFFI-
CER.— 
‘‘(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 Af-
fairs of the Senate for a 30-day period of review 
and comment before the appointment takes ef-
fect. 
‘‘(B)
SPECIAL
RULE
FOR
CONTROL 
YEARS.—During a control year, the Chief Fi-
nancial Officer shall be appointed by the Mayor 
as follows: 
‘‘(i) Prior to the appointment, the Au-
thority may submit recommendations for 
the appointment to the Mayor. 
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‘‘(ii) In consultation with the Author-
ity and the Council, the Mayor shall nomi-
nate an individual for appointment and no-
tify 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 appoint-
ments shall have an anniversary date of July 1. 
‘‘(B) TRANSITION.—For purposes of this 
section, the individual serving as Chief Finan-
cial Officer as of the date of enactment of the 
2005 District of Columbia Omnibus Authoriza-
tion Act shall be deemed to have been appointed 
under this subsection, except that such individ-
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ual’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 Of-
fice 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 OFFI-
CER.— 
‘‘(1) IN GENERAL.—The Chief Financial Officer 
may only be removed for cause by the Mayor, sub-
ject 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 to 
the Committees on Appropriations of the House of 
Representatives and Senate, the Committee on Gov-
ernment Reform of the House of Representatives, 
and the Committee on Homeland Security and Gov-
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ernmental Affairs of the Senate for a 30-day period 
of review and comment before the removal takes ef-
fect. 
‘‘(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 finan-
cial 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 Manage-
ment 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 finan-
cial plan based upon the adopted budget for submis-
sion with the District of Columbia budget by the 
Mayor to Congress. 
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‘‘(3) During a control year, assuring that all fi-
nancial information presented by the Mayor is pre-
sented 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 author-
ity, 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 ex-
ceeded. 
‘‘(5) Preparing and submitting to the Mayor 
and the Council, with the approval of the Authority 
during a control year, and making public— 
‘‘(A) annual estimates of all revenues of 
the District of Columbia (without regard to the 
source of such revenues), including proposed 
revenues, which shall be binding on the Mayor 
and the Council for purposes of preparing and 
submitting the budget of the District govern-
ment for the year under part D of this title, ex-
cept that the Mayor and the Council may pre-
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pare 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 in-
ternal control designed to provide— 
‘‘(A) full disclosure of the financial impact 
of the activities of the District government; 
‘‘(B) adequate financial information need-
ed by the District government for management 
purposes; 
‘‘(C) effective control over, and account-
ability 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 
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such details and at such times as the Council may 
specify. 
‘‘(9) Supervising and assuming responsibility 
for the assessment of all property subject to assess-
ment and special assessments within the corporate 
limits of the District of Columbia for taxation, pre-
paring 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 as-
sessments, 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 Co-
lumbia from any source (including the Authority). 
‘‘(11) Maintaining custody of all public funds 
belonging to or under the control of the District gov-
ernment (or any department or agency of the Dis-
trict government), and depositing all amounts paid 
in such depositories and under such terms and con-
ditions 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 
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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 appropria-
tions 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 authoriza-
tions to create obligations by contract in advance of 
appropriations) apportioning the total of such appro-
priations, funds, or authorizations in the most effec-
tive and economical manner. 
‘‘(14)
Certifying
all
contracts
and
leases 
(whether directly or through delegation) prior to exe-
cution as to the availability of funds to meet the ob-
ligations expected to be incurred by the District gov-
ernment under such contracts and leases during the 
year. 
‘‘(15) Prescribing the forms of receipts, vouch-
ers, bills, and claims to be used by all agencies, of-
fices, and instrumentalities of the District govern-
ment. 
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‘‘(16) Certifying and approving prior to pay-
ment of all bills, invoices, payrolls, and other evi-
dences of claims, demands, or charges against the 
District government, and determining the regularity, 
legality, and correctness of such bills, invoices, pay-
rolls, claims, demands, or charges. 
‘‘(17) In coordination with the Inspector Gen-
eral of the District of Columbia, performing internal 
audits of accounts 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 ac-
counting systems, internal control, and related ad-
ministrative practices of the departments and agen-
cies of the District government. 
‘‘(18) Exercising responsibility for the adminis-
tration and supervision of the District of Columbia 
Treasurer. 
‘‘(19) Supervising and administering all bor-
rowing 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 pro-
gram of the District government, including the in-
vestment of surplus funds in governmental and non- 
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governmental
interest-bearing
securities
and
ac-
counts. 
‘‘(21) Administering the centralized District 
government payroll and retirement systems (other 
than the retirement system for police officers, fire 
fighters, and teachers). 
‘‘(22) Governing the accounting policies and 
systems applicable to the District government. 
‘‘(23) Preparing appropriate annual, quarterly, 
and monthly financial reports of the accounting and 
financial operations of the District government. 
‘‘(24) Not later than 120 days after the end of 
each fiscal year, preparing the complete financial 
statement and report on the activities of the District 
government for such fiscal year, for the use of the 
Mayor under section 448(a)(4). 
‘‘(25) Preparing fiscal impact statements on 
regulations,
multiyear
contracts,
contracts
over 
$1,000,000 and on legislation, as required by section 
4a of the General Legislative Procedures Act of 
1975. 
‘‘(26) Preparing under the direction of the 
Mayor, who has the specific responsibility for formu-
lating budget policy using Chief Financial Officer 
technical and human resources, the budget for sub-
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