IIB 
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 
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,
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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 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.
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Sec. 304. Criteria for renewing or extending sole source contracts. 
Sec. 305. Acceptance of grant amounts not included in annual budget. 
Sec. 306. Standards for annual independent audit. 
Sec. 307. Use of fines imposed for violation of traffic alcohol laws for enforce-
ment and prosecution of laws. 
Sec. 308. Certifications for attorneys in cases brought under Individuals With 
Disabilities Education Act. 
TITLE I—GOVERNANCE OF 
DISTRICT OF COLUMBIA 
Subtitle A—General District of 
Columbia Governance 
SEC. 101. BUDGET FLEXIBILITY. 
(a) PERMITTING INCREASE
IN AMOUNT APPRO-
PRIATED AS LOCAL FUNDS DURING A FISCAL YEAR.— 
Subpart 1 of part D of title IV of the District of Columbia 
Home Rule Act (sec. 1–204.41 et seq., D.C. Official Code) 
is amended by inserting after section 446 the following 
new section: 
‘‘PERMITTING INCREASE IN AMOUNT APPROPRIATED AS 
LOCAL FUNDS DURING A FISCAL YEAR 
‘‘SEC. 446A. (a) IN GENERAL.—Notwithstanding the 
fourth sentence of section 446, to account for an unantici-
pated growth of revenue collections, the amount appro-
priated as District of Columbia funds under budget ap-
proved by Act of Congress as provided in such section may 
be increased— 
‘‘(1) by an aggregate amount of not more than 
25 percent, in the case of amounts allocated under 
the budget as ‘Other-Type Funds’; and
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‘‘(2) by an aggregate amount of not more than 
6 percent, in the case of any other amounts allo-
cated under the budget. 
‘‘(b) CONDITIONS.—The District of Columbia may 
obligate and expend any increase in the amount of funds 
authorized under this section only in accordance with the 
following conditions: 
‘‘(1) The Chief Financial Officer of the District 
of Columbia shall certify— 
‘‘(A) the increase in revenue; and 
‘‘(B) that the use of the amounts is not 
anticipated to have a negative impact on the 
long-term financial, fiscal, or economic health of 
the District. 
‘‘(2) The amounts shall be obligated and ex-
pended in accordance with laws enacted by the 
Council of the District of Columbia in support of 
each such obligation and expenditure, consistent 
with any other requirements under law. 
‘‘(3) The amounts may not be used to fund any 
agencies of the District government operating under 
court-ordered receivership. 
‘‘(4) The amounts may not be obligated or ex-
pended unless the Mayor has notified the Commit-
tees on Appropriations of the House of Representa-
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tives and Senate, the Committee on Government Re-
form of the House of Representatives, and the Com-
mittee on Homeland Security and Governmental Af-
fairs of the Senate not fewer than 30 days in ad-
vance of the obligation or expenditure. 
‘‘(c) EFFECTIVE DATE.—This section shall apply 
with respect to fiscal years 2006 through 2007.’’. 
(b) CONFORMING AMENDMENT.—The fourth sen-
tence of section 446 of such Act (sec. 1–204.46, D.C. Offi-
cial Code) is amended by inserting ‘‘section 446A,’’ after 
‘‘section 445A(b),’’. 
(c) CLERICAL AMENDMENT.—The table of contents 
of such Act is amended by inserting after the item relating 
to section 446 the following new item: 
‘‘Sec. 446A. Permitting increase in amount appropriated as local funds during 
a fiscal year.’’. 
SEC. 102. ADDITIONAL AUTHORITY TO ALLOCATE AMOUNTS 
IN RESERVE FUNDS. 
(a) IN GENERAL.—Section 450A of the District of 
Columbia Home Rule Act (sec. 1–204.50A, D.C. Official 
Code) is amended— 
(1) by redesignating subsection (c) as sub-
section (d); and 
(2) by inserting after subsection (b) the fol-
lowing new subsection:
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‘‘(c) 
ADDITIONAL
AUTHORITY
TO
ALLOCATE 
AMOUNTS.— 
‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of this section, in addition to the authority 
provided under this section to allocate and use 
amounts from the emergency reserve fund under 
subsection (a) and the contingency reserve fund 
under subsection (b), the District of Columbia may 
allocate amounts from such funds during a fiscal 
year and use such amounts for cash flow manage-
ment purposes. 
‘‘(2) LIMITS ON AMOUNT ALLOCATED.— 
‘‘(A) AMOUNT
OF
INDIVIDUAL
ALLOCA-
TION.—The amount of an allocation made from 
the emergency reserve fund or the contingency 
reserve fund pursuant to the authority of this 
subsection may not exceed 50 percent of the 
balance of the fund involved at the time the al-
location is made. 
‘‘(B) AGGREGATE AMOUNT ALLOCATED.— 
The aggregate amount allocated from the emer-
gency reserve fund or the contingency reserve 
fund pursuant to the authority of this sub-
section during a fiscal year may not exceed 50
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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 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.—
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‘‘(A) IN GENERAL.—The District of Co-
lumbia’’; and 
(B) by adding at the end the following new 
subparagraph: 
‘‘(B) SPECIAL RULE FOR REPLENISHMENT 
AFTER ALLOCATION FOR CASH FLOW MANAGE-
MENT.— 
‘‘(i) IN GENERAL.—If the District al-
locates amounts from the emergency re-
serve fund during a fiscal year for cash 
flow management purposes pursuant to the 
authority of subsection (c) and at any time 
afterwards during the year makes a subse-
quent allocation from the fund for pur-
poses of this subsection, and if as a result 
of the subsequent allocation the balance of 
the fund is reduced to an amount which is 
less than 50 percent of the balance of the 
fund as of the first day of the fiscal year, 
the District shall replenish the fund by 
such amount as may be required to restore 
the balance to an amount which is equal to 
50 percent of the balance of the fund as of 
the first day of the fiscal year.
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‘‘(ii) DEADLINE.—The District shall 
carry out any replenishment required 
under clause (i) as a result of a subsequent 
allocation described in such clause not 
later than the expiration of the 60-day pe-
riod which begins on the date of the subse-
quent allocation.’’. 
(2) CONTINGENCY
RESERVE
FUND.—Section 
450A(b)(6) of such Act (sec. 1–204.50A(b)(6), D.C. 
Official Code) is amended— 
(A) by striking ‘‘(6) REPLENISHMENT.— 
The District of Columbia’’ and inserting the fol-
lowing: 
‘‘(6) REPLENISHMENT.— 
‘‘(A) IN GENERAL.—The District of Co-
lumbia’’; and 
(B) by adding at the end the following new 
subparagraph: 
‘‘(B) SPECIAL RULE FOR REPLENISHMENT 
AFTER ALLOCATION FOR CASH FLOW MANAGE-
MENT.— 
‘‘(i) IN GENERAL.—If the District al-
locates amounts from the contingency re-
serve fund during a fiscal year for cash 
flow management purposes pursuant to the
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authority of subsection (c) and at any time 
afterwards during the year makes a subse-
quent allocation from the fund for pur-
poses of this subsection, and if as a result 
of the subsequent allocation the balance of 
the fund is reduced to an amount which is 
less than 50 percent of the balance of the 
fund as of the first day of the fiscal year, 
the District shall replenish the fund by 
such amount as may be required to restore 
the balance to an amount which is equal to 
50 percent of the balance of the fund as of 
the first day of the fiscal year. 
‘‘(ii) DEADLINE.—The District shall 
carry out any replenishment required 
under clause (i) as a result of a subsequent 
allocation described in such clause not 
later than the expiration of the 60-day pe-
riod which begins on the date of the subse-
quent allocation.’’.
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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 
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.
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(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. 
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;
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‘‘(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.’’. 
(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.’’.
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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. 
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).
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(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: 
‘‘§ 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
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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 
‘‘(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
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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-
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—
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‘‘(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— 
‘‘(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
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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.— 
‘‘(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).’’.
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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: 
‘§ 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
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‘‘(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 
‘‘(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-
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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,’’. 
(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—
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(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. 
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-
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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’’. 
(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)’’.
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(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 
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’’.
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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 
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.
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‘‘(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 
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:
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‘‘(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 
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.
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‘‘(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 
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
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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. 
‘‘(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
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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-
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
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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-
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.
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‘‘(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. 
‘‘(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
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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-
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.
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‘‘(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 
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).
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‘‘(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 
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
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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. 
‘‘(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
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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- 
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.
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‘‘(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-
mission by the Mayor to the Council and to the pub-
lic and upon final adoption to Congress and to the 
public. 
‘‘(27) Certifying all collective bargaining agree-
ments and nonunion pay proposals prior to submis-
sion to the Council for approval as to the availability 
of funds to meet the obligations expected to be in-
curred by the District government under such collec-
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tive 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 re-
porting revenues received by the District govern-
ment, including submitting annual and quarterly re-
ports 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 reimburse-
ments, capital program loans, and advances. 
Each source shall be broken down into specific 
components. 
‘‘(B) Statements of the cash flow of the 
District government for the preceding quarter 
or year, including receipts, disbursements, net 
changes in cash inclusive of the beginning bal-
ance, cash and investment, and the ending bal-
ance, inclusive of cash and investment. Such 
statements shall reflect the actual, planned, bet-
ter or worse dollar amounts and the percentage
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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, dis-
bursements, net change in cash inclusive of the 
beginning balance, cash and investment, and 
the ending balance, inclusive of cash and invest-
ment 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 investments, including— 
‘‘(i) the total of long-term and short- 
term investments; 
‘‘(ii) a detailed summary analysis of 
investments by type and amount, including 
purchases, sales (maturities), and interest; 
‘‘(iii) an analysis of investment port-
folio mix by type and amount, including li-
quidity, quality/risk of each security, and 
similar information; 
‘‘(iv) an analysis of investment strat-
egy, including near-term strategic plans 
and projects of investment activity, as well
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as forecasts of future investment strategies 
based on anticipated market conditions, 
and similar information; and 
‘‘(v) an analysis of cash utilization, in-
cluding— 
‘‘(I) comparisons of budgeted 
percentages of total cash to be in-
vested with actual percentages of cash 
invested and the dollar amounts; 
‘‘(II) comparisons of the next re-
turn on invested cash expressed in 
percentages (yield) with comparable 
market indicators and established Dis-
trict of Columbia government yield ob-
jectives; 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 re-
flect—
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‘‘(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 informa-
tion; 
‘‘(iii) a maturity schedule of the debt; 
‘‘(iv) the rate of interest payable upon 
the debt; and 
‘‘(v) the amount of debt service re-
quirements and related debt service re-
serves. 
‘‘(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 Re-
sponsibility and Management Assistance Act of 
1995;
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‘‘(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 strik-
ing ‘‘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 in-
serting ‘‘Except to the extent provided under section 
424(d), the Mayor’’. 
SEC. 202. PERSONNEL AUTHORITY. 
(a) PROVIDING INDEPENDENT PERSONNEL AUTHOR-
ITY .— 
(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:
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‘‘AUTHORITY OF CHIEF FINANCIAL OFFICER OVER PER-
SONNEL OF OFFICE AND OTHER FINANCIAL PER-
SONNEL 
‘‘SEC. 424a. (a) IN GENERAL.—Notwithstanding any 
provision of law or regulation (including any law or regula-
tion providing for collective bargaining or the enforcement 
of any collective bargaining agreement), employees of the 
Office of the Chief Financial Officer of the District of Co-
lumbia, 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 Fi-
nancial 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 bar-
gaining agreement governing such employees and per-
sonnel or to prohibit the enforcement of such an agree-
ment 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 Finan-
cial Officer and all other attorneys in the Office of 
the General Counsel within the Office of the Chief
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Financial Officer of the District of Columbia, to-
gether with all other personnel of the Office. 
‘‘(2) All other individuals hired or retained as 
attorneys by the Chief Financial Officer or any of-
fice under the personnel authority of the Chief Fi-
nancial Officer, each of whom shall act under the di-
rection and control of the General Counsel to the 
Chief Financial Officer. 
‘‘(3) The heads and all personnel of the subor-
dinate offices of the Office (as described in section 
424(a)(2) and established as subordinate offices in 
section 424(a)(3)) and the Chief Financial Officers, 
Agency Fiscal Officers, and Associate Chief Finan-
cial Officers of all District of Columbia executive 
branch subordinate and independent agencies (in ac-
cordance with subsection (c)), together with all other 
District of Columbia accounting, budget, and finan-
cial management personnel (including personnel of 
executive branch independent agencies, but not in-
cluding 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 Offi-
cers and Associate Chief Financial Officers of all
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District of Columbia executive branch subordinate 
and independent agencies (other than those of a sub-
ordinate 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 de-
veloped by the Chief Financial Officer. 
‘‘(2) TRANSITION.—Any executive branch agen-
cy 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 PER-
SONNEL.—Title VIII–B of the District of Columbia Gov-
ernment 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 con-
tents of part B of title IV of the District of Colum-
bia 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
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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 PRO-
CURE 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 procurement 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 Contracting and Procure-
ment established under the District of Columbia Procure-
ment 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 con-
tents of part B of title IV of the District of Colum-
bia Home Rule Act, as amended by section
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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 District of Columbia Procurement Prac-
tices 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 Responsi-
bility and Management Assistance Authority’’ 
and inserting the following: ‘‘the District of Co-
lumbia Financial Responsibility and Manage-
ment Assistance Authority, and (to the extent 
described in section 424b of the District of Co-
lumbia Home Rule Act) the Office of the Chief 
Financial Officer of the District of Columbia’’; 
and 
(B) in subsection (c), by striking the sec-
ond and third sentences. 
(2) OTHER
CONFORMING
AMENDMENT.—Sec-
tion 132 of the District of Columbia Appropriations 
Act, 2006 (Public Law 109–115) is hereby repealed. 
(c) EFFECTIVE DATE.—This section and the amend-
ments made by this section shall take effect 6 months 
after the date of enactment of this Act.
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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 add-
ing at the end the following new section: 
‘‘FISCAL IMPACT STATEMENTS 
‘‘SEC. 4a. (a) BILLS AND RESOLUTIONS.— 
‘‘(1) IN GENERAL.—Notwithstanding any other 
law, except as provided in subsection (c), all perma-
nent 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 appro-
priations prior to becoming effective. 
‘‘(c) APPLICABILITY.—Subsection (a) shall not apply 
to emergency declaration, ceremonial, confirmation, and 
sense of the Council resolutions.’’.
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TITLE III—AUTHORIZATION OF 
CERTAIN 
GENERAL 
APPRO-
PRIATIONS 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.—Dur-
ing fiscal years 2006 through 2008, the Direc-
tor may accept and use gifts in the form of— 
‘‘(i) in-kind contributions of space and 
hospitality to support offender and defend-
ant programs; and 
‘‘(ii) equipment and vocational train-
ing 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 available for audit 
and public inspection.
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‘‘(4) REIMBURSEMENT
FROM
DISTRICT
GOV-
ERNMENT.—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 Pro-
cedure Act of 1970 (sec. 2–1607, D.C. Official Code) is 
amended by adding at the end the following new sub-
section: 
‘‘(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 appro-
priation.’’. 
SEC. 302. EVALUATION PROCESS FOR PUBLIC SCHOOL EM-
PLOYEES. 
Title XVII of the District of Columbia Merit Per-
sonnel Act of 1978 (sec. 1–617.01 et seq., D.C. Official 
Code) is amended by adding at the end the following new 
section:
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‘‘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 evaluation process and instruments for eval-
uating District of Columbia Public Schools employees 
shall be a non-negotiable item for collective bargaining 
purposes.’’. 
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 Colum-
bia Home Rule Act (sec. 1–204.42(3), D.C. Official Code) 
is amended by striking ‘‘The system may provide’’ and in-
serting the following: ‘‘The system shall apply with respect 
to the compensation of employees of the District govern-
ment 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 fis-
cal year 2006 or any succeeding fiscal year.’’.
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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 pro-
curement contract awarded through noncompetitive nego-
tiations in accordance with subsection (a) may be renewed 
or extended only if the Chief Financial Officer of the Dis-
trict 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 IN-
CLUDED IN ANNUAL BUDGET. 
(a) AUTHORITY TO ACCEPT, OBLIGATE, AND EX-
PEND 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
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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; AP-
PROVAL BY COUNCIL.—No Federal, private, or other 
grant may be accepted, obligated, or expended pur-
suant 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 
purposes of paragraph (1)(B), the Council shall be 
deemed to have reviewed and approved the accept-
ance, 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 para-
graph (1)(A); or
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‘‘(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 govern-
ment 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 govern-
ment reflected in the amounts provided in the budget ap-
proved 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 informa-
tion regarding all Federal, private, and other grants sub-
ject to this section. Each such report shall be submitted
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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 sen-
tence of section 446 of such Act (sec. 1–204.46, D.C. Offi-
cial 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 semi-
colon at the end and inserting the following: ‘‘, as 
audited by the Inspector General of the District of 
Columbia 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
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(a)(4) shall be audited by the Inspector General of the 
District of Columbia (in coordination with the Chief Fi-
nancial 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 finan-
cial statement a comparison of audited actual year-end re-
sults with the revenues submitted in the budget document 
for such year and the appropriations enacted into law for 
such year using the format, terminology, and classifica-
tions contained in the law making the appropriations for 
the year and its legislative history.’’. 
SEC. 307. USE OF FINES IMPOSED FOR VIOLATION OF TRAF-
FIC 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 Dis-
trict traffic alcohol laws, and shall remain available until 
expended.’’.
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SEC. 308. CERTIFICATIONS FOR ATTORNEYS IN CASES 
BROUGHT UNDER INDIVIDUALS WITH DIS-
ABILITIES EDUCATION ACT. 
(a) RESPONSIBILITIES OF CHIEF FINANCIAL OFFI-
CER.—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 edu-
cation cases brought under the Individuals with Dis-
abilities 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 settle-
ment agreement or as part of an administrative 
proceeding, from the District of Columbia; 
‘‘(B) requiring such attorneys, as part of 
the certification under subparagraph (A), to 
disclose any financial, corporate, legal, member-
ship on boards of directors, or other relation-
ships with any special education diagnostic 
services, schools, or other special education
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service providers 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 Representatives and Senate on the 
certification of and the amount paid by the gov-
ernment of the District of Columbia, including 
the District of Columbia Public Schools, to such 
attorneys.’’. 
(b) INVESTIGATIONS BY INSPECTOR GENERAL.—Sec-
tion 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: 
‘‘(J) During fiscal year 2006 and each succeeding fis-
cal 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 Dis-
trict of Columbia Home Rule Act of attorneys in special
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education cases brought under the Individuals with Dis-
abilities Education Act in the District of Columbia.’’. 
Passed the House of Representatives December 14, 
2005. 
Attest: 
KAREN L. HAAS, 
Clerk.