2005 District of Columbia Omnibus Authorization Act
PL 109-356 (H.R.3508), enacted 10/16/2006

120 STAT. 2019
PUBLIC LAW 109–356—OCT. 16, 2006
Public Law 109–356
109th Congress
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.
5 USC 101 note.
2005 District of
Columbia
Omnibus
Authorization
Act.
Oct. 16, 2006
[H.R. 3508]
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120 STAT. 2020
PUBLIC LAW 109–356—OCT. 16, 2006
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
Deadline.
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PUBLIC LAW 109–356—OCT. 16, 2006
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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PUBLIC LAW 109–356—OCT. 16, 2006
‘‘(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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120 STAT. 2023
PUBLIC LAW 109–356—OCT. 16, 2006
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;
Records.
Deadline.
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PUBLIC LAW 109–356—OCT. 16, 2006
‘‘(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
Reports.
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PUBLIC LAW 109–356—OCT. 16, 2006
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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PUBLIC LAW 109–356—OCT. 16, 2006
‘‘(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
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PUBLIC LAW 109–356—OCT. 16, 2006
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
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(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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PUBLIC LAW 109–356—OCT. 16, 2006
(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
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PUBLIC LAW 109–356—OCT. 16, 2006
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
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PUBLIC LAW 109–356—OCT. 16, 2006
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
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PUBLIC LAW 109–356—OCT. 16, 2006
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;
Public
information.
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120 STAT. 2033
PUBLIC LAW 109–356—OCT. 16, 2006
‘‘(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
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PUBLIC LAW 109–356—OCT. 16, 2006
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.
Reports.
Reports.
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PUBLIC LAW 109–356—OCT. 16, 2006
‘‘(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.
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‘‘(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
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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
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PUBLIC LAW 109–356—OCT. 16, 2006
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.’’.
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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
Public inspection.
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PUBLIC LAW 109–356—OCT. 16, 2006
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
Deadline.
Reports.
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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
Deadline.
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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:
Reports.
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LEGISLATIVE HISTORY—H.R. 3508:
HOUSE REPORTS: No. 109–267 (Comm. on Government Reform).
CONGRESSIONAL RECORD:
Vol. 151 (2005): Dec. 14, considered and passed House.
Vol. 152 (2006): Aug. 3, considered and passed Senate, amended.
Sept. 25, House concurred in Senate amendment.
‘‘(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.’’.
Approved October 16, 2006.
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