†
HR 3508 EAS
‘‘(4) REIMBURSEMENT FROM DISTRICT GOVERN-
MENT.—During fiscal years 2006 through 2008, the
Director may accept and use reimbursement from the
District government for space and services provided,
on a cost reimbursable basis.’’.
(b) AUTHORITY OF PUBLIC DEFENDER SERVICE TO
CHARGE FEES FOR EVENT MATERIALS.—Section 307 of the
District of Columbia Court Reform and Criminal Proce-
dure Act of 1970 (sec. 2–1607, D.C. Official Code) is
amended by adding at the end the following new subsection:
‘‘(d) During fiscal years 2006 through 2008, the Serv-
ice may charge fees to cover the costs of materials distrib-
uted to attendees of educational events, including con-
ferences, sponsored by the Service. Notwithstanding section
3302 of title 31, United States Code, any amounts received
as fees under this subsection shall be credited to the Service
and available for use without further appropriation.’’.
SEC. 302. EVALUATION PROCESS FOR PUBLIC SCHOOL EM-
PLOYEES.
Title XVII of the District of Columbia Merit Personnel
Act of 1978 (sec. 1–617.01 et seq., D.C. Official Code) is
amended by adding at the end the following new section:
†
HR 3508 EAS
‘‘SEC. 1718. EVALUATION PROCESS FOR PUBLIC SCHOOL
EMPLOYEES.
‘‘Notwithstanding any other provision of law, rule, or
regulation, during fiscal year 2006 and each succeeding fis-
cal year the evaluation process and instruments for evalu-
ating District of Columbia Public Schools employees shall
be a non-negotiable item for collective bargaining pur-
poses.’’.
SEC. 303. CLARIFICATION OF APPLICATION OF PAY PROVI-
SIONS OF MERIT PERSONNEL SYSTEM TO ALL
DISTRICT EMPLOYEES.
(a) DISTRICT OF COLUMBIA HOME RULE ACT.—The
fourth sentence of section 422(3) of the District of Columbia
Home Rule Act (sec. 1–204.42(3), D.C. Official Code) is
amended by striking ‘‘The system may provide’’ and insert-
ing the following: ‘‘The system shall apply with respect to
the compensation of employees of the District government
during fiscal year 2006 and each succeeding fiscal year, ex-
cept that the system may provide’’.
(b) TITLE 5, UNITED STATES CODE.—Section 5102 of
title 5, United States Code, is amended by adding at the
end the following new subsection:
‘‘(e) Except as may be specifically provided, this chap-
ter does not apply for pay purposes to any employee of the
government of the District of Columbia during fiscal year
2006 or any succeeding fiscal year.’’.
†
HR 3508 EAS
SEC. 304. CRITERIA FOR RENEWING OR EXTENDING SOLE
SOURCE CONTRACTS.
Section 305 of the District of Columbia Procurement
Practices Act of 1985 (sec. 2–303.05, D.C. Official Code)
is amended by adding at the end the following new sub-
section:
‘‘(b) During fiscal years 2006 through 2008, a procure-
ment contract awarded through noncompetitive negotia-
tions in accordance with subsection (a) may be renewed or
extended only if the Chief Financial Officer of the District
of Columbia reviews the contract and certifies that the con-
tract was renewed or extended in accordance with duly pro-
mulgated rules and procedures.’’.
SEC. 305. ACCEPTANCE OF GRANT AMOUNTS NOT IN-
CLUDED IN ANNUAL BUDGET.
(a) AUTHORITY TO ACCEPT, OBLIGATE, AND EXPEND
AMOUNTS.—Subpart 1 of part D of title IV of the District
of Columbia Home Rule Act (sec. 1–204.41 et seq., D.C. Of-
ficial Code), as amended by section 101(a), is amended by
inserting after section 446A the following new section:
‘‘ACCEPTANCE OF GRANT AMOUNTS NOT INCLUDED IN
ANNUAL BUDGET
‘‘SEC. 446B. (a) AUTHORITY TO ACCEPT, OBLIGATE,
AND EXPEND AMOUNTS.—Notwithstanding the fourth sen-
tence of section 446, the Mayor, in consultation with the
Chief Financial Officer of the District of Columbia may ac-
†
HR 3508 EAS
cept, obligate, and expend Federal, private, and other
grants received by the District government that are not re-
flected in the budget approved by Act of Congress as pro-
vided in such section.
‘‘(b) CONDITIONS.—
‘‘(1) ROLE OF CHIEF FINANCIAL OFFICER; AP-
PROVAL BY COUNCIL.—No Federal, private, or other
grant may be accepted, obligated, or expended pursu-
ant to subsection (a) until—
‘‘(A) the Chief Financial Officer submits to
the Council a report setting forth detailed infor-
mation regarding such grant; and
‘‘(B) the Council has reviewed and ap-
proved the acceptance, obligation, and expendi-
ture of such grant.
‘‘(2) DEEMED APPROVAL BY COUNCIL.—For pur-
poses of paragraph (1)(B), the Council shall be
deemed to have reviewed and approved the acceptance,
obligation, and expenditure of a grant if—
‘‘(A) no written notice of disapproval is
filed with the Secretary of the Council within 14
calendar days of the receipt of the report from
the Chief Financial Officer under paragraph
(1)(A); or
†
HR 3508 EAS
‘‘(B) if such a notice of disapproval is filed
within such deadline, the Council does not by
resolution disapprove the acceptance, obligation,
or expenditure of the grant within 30 calendar
days of the initial receipt of the report from the
Chief Financial Officer under paragraph (1)(A).
‘‘(c) NO OBLIGATION OR EXPENDITURE PERMITTED IN
ANTICIPATION OF RECEIPT OR APPROVAL.—No amount
may be obligated or expended from the general fund or other
funds of the District of Columbia government in anticipa-
tion of the approval or receipt of a grant under subsection
(b)(2) or in anticipation of the approval or receipt of a
Federal, private, or other grant not subject to such sub-
section.
‘‘(d) ADJUSTMENTS TO ANNUAL BUDGET.—The Chief
Financial Officer may adjust the budget for Federal, pri-
vate, and other grants received by the District government
reflected in the amounts provided in the budget approved
by Act of Congress under section 446, or approved and re-
ceived under subsection (b)(2) to reflect a change in the ac-
tual amount of the grant.
‘‘(e) REPORTS.—The Chief Financial Officer shall pre-
pare a quarterly report setting forth detailed information
regarding all Federal, private, and other grants subject to
this section. Each such report shall be submitted to the
†
HR 3508 EAS
Council and to the Committees on Appropriations of the
House of Representatives and Senate not later than 15 days
after the end of the quarter covered by the report.
‘‘(f) EFFECTIVE DATE.—This section shall apply with
respect to fiscal years 2006 through 2008.’’.
(b) CONFORMING AMENDMENT.—The fourth sentence of
section 446 of such Act (sec. 1–204.46, D.C. Official Code),
as amended by section 101(b), is amended by inserting ‘‘sec-
tion 446B,’’ after ‘‘section 446A,’’.
(c) CLERICAL AMENDMENT.—The table of contents of
such Act, as amended by section 101(c), is amended by in-
serting after the item relating to section 446A the following
new item:
‘‘Sec. 446B. Acceptance of grant amounts not included in annual budget.’’.
SEC. 306. STANDARDS FOR ANNUAL INDEPENDENT AUDIT.
Section 448 of the District of Columbia Home Rule
Act (sec. 1–204.48, D.C. Official Code) is amended—
(1) in subsection (a)(4), by striking the semi-
colon at the end and inserting the following: ‘‘, as au-
dited by the Inspector General of the District of Co-
lumbia in accordance with subsection (c) in the case
of fiscal years 2006 through 2008;’’; and
(2) by adding at the end the following new sub-
section:
‘‘(c) The financial statement and report for a fiscal
year prepared and submitted for purposes of subsection