H. R. 3508
One Hundred Ninth Congress
of the
United States of America 
AT THE SECOND SESSION 
Begun and held at the City of Washington on Tuesday, 
the third day of January, two thousand and six 
An Act 
To authorize improvements in the operation of the government of the District 
of Columbia, and for other purposes.
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the ‘‘2005 District 
of Columbia Omnibus Authorization Act’’. 
(b) TABLE OF CONTENTS.—The table of contents of this Act 
is as follows:
Sec. 1. Short title; table of contents. 
TITLE I—GOVERNANCE OF DISTRICT OF COLUMBIA 
Subtitle A—General District of Columbia Governance 
Sec. 101. Budget flexibility. 
Sec. 102. Additional Authority to allocate amounts in Reserve Funds. 
Sec. 103. Permitting General Services Administration to obtain space and services 
on behalf of District of Columbia Public Defender Service. 
Sec. 104. Authority to enter into Interstate Insurance Product Regulation Compact. 
Sec. 105. Metered taxicabs in the District of Columbia. 
Subtitle B—District of Columbia Courts 
Sec. 111. Modernization of Office of Register of Wills. 
Sec. 112. Increase in cap on rates of pay for nonjudicial employees. 
Sec. 113. Clarification of rate for individuals providing services to indigent defend-
ants. 
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 serv-
ices of volunteers. 
Sec. 116. Technical corrections relating to courts. 
Sec. 117. Inclusion of court employees in enhanced dental and vision benefit pro-
gram. 
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.
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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 Dis-
abilities 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 sen-
tence 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 accord-
ance with laws enacted by the Council of the District of 
Columbia in support of each such obligation and expenditure, 
consistent with any other requirements under law. 
‘‘(3) The amounts may not be used to fund any agencies 
of the District government operating under court-ordered 
receivership. 
‘‘(4) The amounts may not be obligated or expended unless 
the Mayor has notified the Committees on Appropriations of 
the House of Representatives and Senate, the Committee on 
Government Reform of the House of Representatives, and the
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Committee on Homeland Security and Governmental Affairs 
of the Senate not fewer than 30 days in advance of the obliga-
tion 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 fis-
cal 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 sub-
section: 
‘‘(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 SUBSE-
QUENT 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:
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‘‘(7) REPLENISHMENT.— 
‘‘(A) IN GENERAL.—The District of Columbia’’; and 
(B) by adding at the end the following new subpara-
graph: 
‘‘(B) SPECIAL RULE FOR REPLENISHMENT AFTER ALLOCA-
TION 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 subpara-
graph: 
‘‘(B) SPECIAL RULE FOR REPLENISHMENT AFTER ALLOCA-
TION 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.’’.
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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 serv-
ices on behalf of the Service (either directly by providing space 
and services in buildings owned or occupied by the Federal Govern-
ment 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 commis-
sion as an instrumentality of the District of Columbia for the 
purpose of establishing uniform insurance product regulations 
among the participating States. 
(b) DELEGATION.—Any insurance product regulation compact 
that the Council of the District of Columbia authorizes the Mayor 
to execute on behalf of the District may contain provisions that 
delegate the requisite power and authority to the joint State 
commission to achieve the purposes for which the interstate compact 
is established. 
SEC. 105. METERED TAXICABS IN THE DISTRICT OF COLUMBIA. 
(a) IN GENERAL.—Except as provided in subsection (b) and 
not later than 1 year after the date of enactment of this Act, 
the District of Columbia shall require all taxicabs licensed in the 
District of Columbia to charge fares by a metered system. 
(b) DISTRICT OF COLUMBIA OPT OUT.—The Mayor of the District 
of Columbia may exempt the District of Columbia from the require-
ment under subsection (a) by issuing an executive order that specifi-
cally states that the District of Columbia opts out of the requirement 
to implement a metered fare system for taxicabs. 
Subtitle B—District of Columbia Courts 
SEC. 111. MODERNIZATION OF OFFICE OF REGISTER OF WILLS. 
(a) REVISION
OF
DUTIES.—Section 11–2104(b), District of 
Columbia Official Code, is amended to read as follows: 
‘‘(b) In matters over which the Superior Court has probate 
jurisdiction or powers, the Register of Wills shall— 
‘‘(1) make full and fair entries, in separate records, of 
the proceedings of the court; 
‘‘(2) record in electronic or other format all wills proved 
before the Register of Wills or the court and other matters 
required by law to be recorded in the court; 
‘‘(3) lodge in places of safety designated by the court original 
papers filed with the Register of Wills; 
‘‘(4) make out and issue every summons, process, and order 
of the court;
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‘‘(5) prepare and submit to the Executive Officer of the 
District of Columbia courts such reports as may be required; 
and 
‘‘(6) in every respect, act under the control and direction 
of the court.’’. 
(b) REPEAL OF PENALTIES.— 
(1) IN GENERAL.—Section 11–2104, District of Columbia 
Code, is amended— 
(A) in the heading, by striking ‘‘; penalties’’; and 
(B) by striking subsections (d) and (e). 
(2) CLERICAL AMENDMENT.—The item relating to section 
11–2104 in the table of sections for chapter 21 of title 11, 
District of Columbia Official Code, is amended by striking 
‘‘; penalties’’. 
(c) RECORD OF CLAIMS AGAINST NONRESIDENT DECEDENTS.—
Section 20–343(d), District of Columbia Official Code, is amended 
by striking the second sentence and inserting the following: ‘‘The 
Register shall record all such claims and releases.’’. 
SEC. 112. INCREASE IN CAP ON RATES OF PAY FOR NONJUDICIAL 
EMPLOYEES. 
(a) IN GENERAL.—The second sentence of section 11–1726(a), 
District of Columbia Official Code, is amended by striking ‘‘pay 
fixed by administrative action in section 5373’’ and inserting ‘‘max-
imum 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 OUT-
SIDE OF DISTRICT OF COLUMBIA DURING EMERGENCIES. 
(a) DISTRICT OF COLUMBIA COURT OF APPEALS.— 
(1) IN GENERAL.—Subchapter I of chapter 7 of title 11, 
District of Columbia Official Code, is amended by adding at 
the end the following new section: 
‘‘§ 11–710. Emergency authority to conduct proceedings out-
side 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
H. R. 3508—7
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 Administra-
tion 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 ses-
sion held pursuant to such order.’’. 
(2) CLERICAL AMENDMENT.—The table of contents of chapter 
7 of title 11, District of Columbia Official Code, is amended 
by adding at the end of the items relating to subchapter I 
the following:
‘‘11–710. Emergency authority to conduct proceedings outside District of Columbia.’’.
(b) SUPERIOR COURT OF THE DISTRICT OF COLUMBIA.— 
(1) IN GENERAL.—Subchapter I of chapter 9 of title 11, 
District of Columbia Official Code, is amended by adding at 
the end the following new section: 
‘‘§ 11–911. Emergency authority to conduct proceedings out-
side District of Columbia 
‘‘(a) IN GENERAL.—The Superior 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 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 provi-
sion 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
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‘‘(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 Administra-
tion 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 ses-
sion 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 SUPER-
VISION 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 Appro-
priations 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
H. R. 3508—9
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 sen-
tences. 
‘‘(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 bene-
fits). 
‘‘(G) Chapter 89B (relating to enhanced vision benefits). 
‘‘(H) Chapter 90 (relating to long-term care insur-
ance).’’; and
H. R. 3508—10
(2) in subsection (c)(1), by striking subparagraph (D) and 
inserting the following: 
‘‘(D) Chapter 89A (relating to enhanced dental bene-
fits). 
‘‘(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 Con-
servation 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’’.
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(c) DEPOSITORY INSTITUTION DEREGULATION
AND MONETARY 
CONTROL ACT OF 1980.—Part C of title VII of the Depository Institu-
tion 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 associa-
tion 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 associa-
tions 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 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 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
H. R. 3508—12
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 subordi-
nate 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 Num-
bers Games, and Bingo and Raffles for Charitable Purposes 
in the District of Columbia, effective March 10, 1981 (D.C. 
Law 3–172; D.C. Official Code § 3–1301 et seq.). 
‘‘(4) SUPERVISOR.—The heads of the offices listed in para-
graph (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 consulta-
tion 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
H. R. 3508—13
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 con-
trol 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 appoint-
ments 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 resolu-
tion by the Council, notice of the removal shall be submitted
H. R. 3508—14
to the Committees on Appropriations of the House of Represent-
atives 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.—Notwith-
standing 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 Dis-
trict of Columbia Financial Responsibility and Management 
Assistance Act of 1995. 
‘‘(4) Implementing appropriate procedures and instituting 
such programs, systems, and personnel policies within the Chief 
Financial Officer’s authority, to ensure that budget, accounting, 
and personnel control systems and structures are synchronized 
for budgeting and control purposes on a continuing basis and 
to ensure that appropriations are not exceeded. 
‘‘(5) Preparing and submitting to the Mayor and the 
Council, with the approval of the Authority during a control 
year, and making public— 
‘‘(A) annual estimates of all revenues of the District 
of Columbia (without regard to the source of such reve-
nues), 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 Dis-
trict 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 activi-
ties of the District government;
H. R. 3508—15
‘‘(B) adequate financial information needed by the Dis-
trict 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 assess-
ment of all property subject to assessment and special assess-
ments 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 lev-
ying 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 depos-
iting 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 safe-
keeping 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 avail-
able for an indefinite period and all authorizations to create 
obligations by contract in advance of appropriations) appor-
tioning 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, pay-
rolls, claims, demands, or charges. 
‘‘(17) In coordination with the Inspector General of the 
District of Columbia, performing internal audits of accounts
H. R. 3508—16
and operations and records of the District government, 
including the examination of any accounts or records of finan-
cial transactions, giving due consideration to the effectiveness 
of accounting systems, internal control, and related administra-
tive 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 pro-
grams for the issuance of long-term and short-term indebted-
ness, 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 securi-
ties and accounts. 
‘‘(21) Administering the centralized District government 
payroll and retirement systems (other than the retirement 
system for police officers, fire fighters, and teachers). 
‘‘(22) Governing the accounting policies and systems 
applicable to the District government. 
‘‘(23) Preparing appropriate annual, quarterly, and monthly 
financial reports of the accounting and financial operations 
of the District government. 
‘‘(24) Not later than 120 days after the end of each fiscal 
year, preparing the complete financial statement and report 
on the activities of the District government for such fiscal 
year, for the use of the Mayor under section 448(a)(4). 
‘‘(25) Preparing fiscal impact statements on regulations, 
multiyear contracts, contracts over $1,000,000 and on legisla-
tion, as required by section 4a of the General Legislative Proce-
dures 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 obliga-
tions expected to be incurred by the District government under 
such collective bargaining agreements and nonunion pay pro-
posals during the year. 
‘‘(e) FUNCTIONS OF TREASURER.—At all times, the Treasurer 
shall have the following duties: 
‘‘(1) Assisting the Chief Financial Officer in reporting reve-
nues 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.
H. R. 3508—17
‘‘(B) Statements of the cash flow of the District govern-
ment for the preceding quarter or year, including receipts, 
disbursements, net changes in cash inclusive of the begin-
ning 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 invest-
ments, including— 
‘‘(i) the total of long-term and short-term invest-
ments; 
‘‘(ii) a detailed summary analysis of investments 
by type and amount, including purchases, sales (matu-
rities), 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 Dis-
trict 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.
H. R. 3508—18
‘‘(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 bar-
gaining 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
H. R. 3508—19
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 Finan-
cial Officers, Agency Fiscal Officers, and Associate Chief Finan-
cial Officers of all District of Columbia executive branch 
subordinate and independent agencies (in accordance with sub-
section (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 Asso-
ciate Chief Financial Officers of all District of Columbia execu-
tive branch subordinate and independent agencies (other than 
those of a subordinate office of the Office) shall be appointed 
by the Chief Financial Officer, in consultation with the agency 
head, where applicable. The appointment shall be made from 
a list of qualified candidates developed by the Chief Financial 
Officer. 
‘‘(2) TRANSITION.—Any executive branch agency Chief 
Financial Officer appointed prior to the date of enactment 
of the 2005 District of Columbia Omnibus Authorization Act 
may continue to serve in that capacity without reappointment. 
‘‘(d) INDEPENDENT AUTHORITY OVER LEGAL PERSONNEL.—Title 
VIII–B of the District of Columbia Government Comprehensive 
Merit Personnel Act of 1978 (sec. 1–608.51 et seq., D.C. Official 
Code) shall not apply to the Office of the Chief Financial Officer 
or to attorneys employed by the Office.’’ 
(2) CLERICAL AMENDMENT.—The table of contents of part 
B of title IV of the District of Columbia Home Rule Act is 
amended by adding at the end the following new item:
‘‘Sec. 424a. Authority of Chief Financial Officer over personnel of Office and other 
financial personnel.’’.
(b) CONFORMING AMENDMENT.—Section 862 of the District of 
Columbia Government Comprehensive Merit Personnel Act of 1978 
(D.C. Law 2–260; D.C. Official Code § 1–608.62) is amended by 
striking paragraph (2). 
SEC. 203. PROCUREMENT AUTHORITY. 
(a) PROVIDING INDEPENDENT AUTHORITY TO PROCURE GOODS 
AND SERVICES.— 
(1) IN
GENERAL.—Part B of title IV of the District of 
Columbia Home Rule Act, as amended by section 203(a)(1), 
is further amended by adding at the end the following new 
section: 
‘‘PROCUREMENT AUTHORITY OF THE CHIEF FINANCIAL OFFICER 
‘‘SEC. 424b. The Chief Financial Officer shall carry out procure-
ment 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 Con-
tracting and Procurement established under the District of
H. R. 3508—20
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 Dis-
trict 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 Dis-
trict of Columbia Financial Responsibility and Management 
Assistance Authority, and (to the extent described in sec-
tion 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 reso-
lutions.’’.
H. R. 3508—21
TITLE III—AUTHORIZATION OF CER-
TAIN 
GENERAL 
APPROPRIATIONS 
PROVISIONS 
SEC. 301. ACCEPTANCE OF GIFTS BY COURT SERVICES AND OFFENDER 
SUPERVISION AGENCY. 
(a) AUTHORITY TO ACCEPT GIFTS.—Section 11233(b) of the 
National Capital Revitalization and Self-Government Improvement 
Act of 1997 (sec. 24–133(b), D.C. Official Code) is amended by 
adding at the end the following new paragraphs: 
‘‘(3) ACCEPTANCE OF GIFTS.— 
‘‘(A) AUTHORITY TO ACCEPT GIFTS.—During fiscal years 
2006 through 2008, the Director may accept and use gifts 
in the form of— 
‘‘(i) in-kind contributions of space and hospitality 
to support offender and defendant programs; and 
‘‘(ii) equipment and vocational training services 
to educate and train offenders and defendants. 
‘‘(B) RECORDS.—The Director shall keep accurate and 
detailed records of the acceptance and use of any gifts 
under subparagraph (A), and shall make such records avail-
able 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 evalua-
tion process and instruments for evaluating District of Columbia 
Public Schools employees shall be a non-negotiable item for collec-
tive 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 sen-
tence of section 422(3) of the District of Columbia Home Rule
H. R. 3508—22
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 accord-
ance with subsection (a) may be renewed or extended only if the 
Chief Financial Officer of the District of Columbia reviews the 
contract and certifies that the contract was renewed or extended 
in accordance with duly promulgated rules and procedures.’’. 
SEC. 305. ACCEPTANCE OF GRANT AMOUNTS NOT INCLUDED IN 
ANNUAL BUDGET. 
(a) AUTHORITY TO ACCEPT, OBLIGATE, AND EXPEND AMOUNTS.—
Subpart 1 of part D of title IV of the District of Columbia Home 
Rule Act (sec. 1–204.41 et seq., D.C. Official Code), as amended 
by section 101(a), is amended by inserting after section 446A the 
following new section: 
‘‘ACCEPTANCE OF GRANT AMOUNTS NOT INCLUDED IN ANNUAL 
BUDGET 
‘‘SEC. 446B. (a) AUTHORITY TO ACCEPT, OBLIGATE, AND EXPEND 
AMOUNTS.—Notwithstanding the fourth sentence of section 446, 
the Mayor, in consultation with the Chief Financial Officer of the 
District of Columbia may accept, obligate, and expend Federal, 
private, and other grants received by the District government that 
are not reflected in the budget approved by Act of Congress as 
provided in such section. 
‘‘(b) CONDITIONS.— 
‘‘(1) ROLE
OF
CHIEF
FINANCIAL
OFFICER; APPROVAL
BY 
COUNCIL.—No Federal, private, or other grant may be accepted, 
obligated, or expended pursuant to subsection (a) until— 
‘‘(A) the Chief Financial Officer submits to the Council 
a report setting forth detailed information regarding such 
grant; and 
‘‘(B) the Council has reviewed and approved the accept-
ance, obligation, and expenditure of such grant. 
‘‘(2) DEEMED APPROVAL BY COUNCIL.—For purposes of para-
graph (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
H. R. 3508—23
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 dis-
approve 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 para-
graph (1)(A). 
‘‘(c) NO OBLIGATION OR EXPENDITURE PERMITTED IN ANTICIPA-
TION OF RECEIPT OR APPROVAL.—No amount may be obligated or 
expended from the general fund or other funds of the District 
of Columbia government in anticipation of the approval or receipt 
of a grant under subsection (b)(2) or in anticipation of the approval 
or receipt of a Federal, private, or other grant not subject to such 
subsection. 
‘‘(d) ADJUSTMENTS TO ANNUAL BUDGET.—The Chief Financial 
Officer may adjust the budget for Federal, private, and other grants 
received by the District government reflected in the amounts pro-
vided 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 sub-
section (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 pre-
pared 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
H. R. 3508—24
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 pro-
ceeding, from the District of Columbia; 
‘‘(B) requiring such attorneys, as part of the certifi-
cation 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 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 Representa-
tives 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:
H. R. 3508—25
‘‘(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.’’.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.