IB 
Union Calendar No. 146 
109TH CONGRESS 
1ST SESSION H. R. 3508 
[Report No. 109–267] 
To authorize improvements in the operation of the government of the District 
of Columbia, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 28, 2005 
Mr. TOM DAVIS of Virginia (for himself and Ms. NORTON) introduced the 
following bill; which was referred to the Committee on Government Reform 
NOVEMBER 3, 2005 
Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed 
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on July 28, 2005] 
A BILL 
To authorize improvements in the operation of the govern-
ment of the District of Columbia, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘2005 District of Columbia Omnibus Authorization Act’’.
(b) TABLE OF CONTENTS.—The table of contents of this 
Act is as follows: 
Sec. 1. Short title; table of contents. 
TITLE I—GOVERNANCE OF DISTRICT OF COLUMBIA 
Subtitle A—General District of Columbia Governance 
Sec. 101. Budget flexibility. 
Sec. 102. Additional authority to allocate amounts in Reserve Funds. 
Sec. 103. Authority of Mayor of District of Columbia to appoint members of Pub-
lic Charter School Board. 
Sec. 104. Permitting General Services Administration to obtain space and serv-
ices on behalf of District of Columbia Public Defender Service. 
Sec. 105. Authority to enter into Interstate Insurance Product Regulation Com-
pact. 
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 Colum-
bia 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 Agency. 
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 enforcement 
and prosecution of laws.
Sec. 308. Certifications for attorneys in cases brought under Individuals With 
Disabilities Education Act. 
TITLE I—GOVERNANCE OF 
DISTRICT OF COLUMBIA 
Subtitle A—General District of 
Columbia Governance 
SEC. 101. BUDGET FLEXIBILITY. 
(a) PERMITTING
INCREASE
IN
AMOUNT
APPRO-
PRIATED AS LOCAL FUNDS DURING A FISCAL YEAR.—Sub-
part 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 allocated 
under the budget. 
‘‘(b) CONDITIONS.—The District of Columbia may ob-
ligate and expend any increase in the amount of funds au-
thorized under this section only in accordance with the fol-
lowing 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 an-
ticipated 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 Coun-
cil 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 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 not fewer than 30 days in advance of the obli-
gation or expenditure. 
‘‘(c) EFFECTIVE DATE.—This section shall apply with 
respect to fiscal years 2006 through 2007.’’. 
(b) CONFORMING AMENDMENT.—The fourth sentence of 
section 446 of such Act (sec. 1–204.46, D.C. Official Code) 
is amended by inserting ‘‘section 446A,’’ after ‘‘section 
445A(b),’’. 
(c) CLERICAL AMENDMENT.—The table of contents of 
such Act is amended by inserting after the item relating 
to section 446 the following new item: 
‘‘Sec. 446A. Permitting increase in amount appropriated as local funds during 
a fiscal year.’’. 
SEC. 102. ADDITIONAL AUTHORITY TO ALLOCATE AMOUNTS 
IN RESERVE FUNDS. 
(a) IN GENERAL.—Section 450A of the District of Co-
lumbia Home Rule Act (sec. 1–204.50A, D.C. Official Code) 
is amended— 
(1) by redesignating subsection (c) as subsection 
(d); and 
(2) by inserting after subsection (b) the following 
new subsection:
‘‘(c) 
ADDITIONAL
AUTHORITY
TO
ALLOCATE 
AMOUNTS.— 
‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of this section, in addition to the authority 
provided under this section to allocate and use 
amounts from the emergency reserve fund under sub-
section (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
ALLOCA-
TION.—The amount of an allocation made from 
the emergency reserve fund or the contingency re-
serve fund pursuant to the authority of this sub-
section 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 emer-
gency 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 Co-
lumbia allocates any amounts from a reserve fund 
pursuant to the authority of this subsection during a 
fiscal year, the District shall fully replenish the fund 
for the amounts allocated not later than the earlier 
of— 
‘‘(A) the expiration of the 9-month period 
which begins on the date the allocation is made; 
or 
‘‘(B) the last day of the fiscal year. 
‘‘(4) EFFECTIVE
DATE.—This subsection shall 
apply with respect to fiscal year 2006 and each suc-
ceeding fiscal year.’’. 
(b) SPECIAL RULE FOR TIMING OF REPLENISHMENT 
AFTER SUBSEQUENT ALLOCATION.— 
(1) 
EMERGENCY
RESERVE
FUND.—Section 
450A(a)(7) of such Act (sec. 1–204.50A(a)(7), D.C. 
Official Code) is amended— 
(A) by striking ‘‘(7) REPLENISHMENT.— 
The District of Columbia’’ and inserting the fol-
lowing: 
‘‘(7) REPLENISHMENT.— 
‘‘(A) IN GENERAL.—The District of Colum-
bia’’; 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 allo-
cates amounts from the emergency reserve 
fund during a fiscal year for cash flow 
management purposes pursuant to the au-
thority of subsection (c) and at any time 
afterwards during the year makes a subse-
quent 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 Dis-
trict 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 alloca-
tion described in such clause not later than 
the expiration of the 60-day period which 
begins on the date of the subsequent alloca-
tion.’’. 
(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 Colum-
bia’’; 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 allo-
cates amounts from the contingency reserve 
fund during a fiscal year for cash flow 
management purposes pursuant to the au-
thority of subsection (c) and at any time 
afterwards during the year makes a subse-
quent 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 Dis-
trict 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 alloca-
tion described in such clause not later than 
the expiration of the 60-day period which 
begins on the date of the subsequent alloca-
tion.’’. 
SEC. 103. AUTHORITY OF MAYOR OF DISTRICT OF COLUM-
BIA TO APPOINT MEMBERS OF PUBLIC CHAR-
TER SCHOOL BOARD. 
(a) APPOINTMENT OF MEMBERS.—Section 2214(a)(2) 
of the District of Columbia School Reform Act of 1995 (sec. 
38–1802.14(a)(2), D.C. Official Code) is amended by strik-
ing ‘‘The Secretary of Education’’ and all that follows 
through ‘‘represented on the Board:’’ and inserting the fol-
lowing: ‘‘The Board shall consist of 7 individuals appointed 
by the Mayor in consultation with the District of Columbia 
Council who are determined by the Mayor to be qualified 
to serve on the Board, so that a knowledge of each of the 
following areas is represented:’’. 
(b) FILLING OF VACANCIES.—Section 2214(a)(3) of 
such Act (sec. 38–1802.14(a)(3), D.C. Official Code) is 
amended to read as follows: 
‘‘(3) VACANCIES.—When a vacancy occurs in the 
membership of the Board for reasons other than the 
expiration of the term of a member, the Mayor, in 
consultation with the District of Columbia Council, 
shall appoint an individual to fill the vacancy taking 
into consideration the criteria described in paragraph 
(2). Any individual appointed to fill a vacancy occur-
ring prior to the expiration of the term of a prede-
cessor shall be appointed only for the remainder of 
that term.’’. 
(c) CONFORMING AMENDMENT.—Section 2214(a) of 
such Act (sec. 38–1802.14(a), D.C. Official Code) is amend-
ed— 
(1) by striking paragraph (4); and 
(2) by redesignating paragraphs (5) and (6) as 
paragraphs (4) and (5).
(d) EFFECTIVE DATE.—The amendments made by this 
section shall apply with respect to appointments made to 
the Public Charter School Board of the District of Columbia 
after the date of the enactment of this Act. 
SEC. 104. 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 Serv-
ices may furnish space and services on behalf of the Service 
(either directly by providing space and services in buildings 
owned or occupied by the Federal Government or indirectly 
by entering into leases with non-Federal entities) in the 
same manner, and under the same terms and conditions, 
as the Administrator may furnish space and services on be-
half 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. 105. AUTHORITY TO ENTER INTO INTERSTATE INSUR-
ANCE PRODUCT REGULATION COMPACT. 
(a) IN GENERAL.—The District of Columbia is author-
ized to enter into an interstate compact to establish a joint 
state commission as an instrumentality of the District of