[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3508 Reported in Senate (RS)]
Calendar No. 534
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
July 25, 2006
Reported by Ms. Collins, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
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,
<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>
<DELETED> (a) Short Title.--This Act may be cited as the ``2005
District of Columbia Omnibus Authorization Act''.</DELETED>
<DELETED> (b) Table of Contents.--The table of contents of this Act
is as follows:</DELETED>
<DELETED>Sec. 1. Short title; table of contents.
<DELETED>TITLE I--GOVERNANCE OF DISTRICT OF COLUMBIA
<DELETED>Subtitle A--General District of Columbia Governance
<DELETED>Sec. 101. Budget flexibility.
<DELETED>Sec. 102. Additional authority to allocate amounts in Reserve
Funds.
<DELETED>Sec. 103. Permitting General Services Administration to obtain
space and services on behalf of District of
Columbia Public Defender Service.
<DELETED>Sec. 104. Authority to enter into Interstate Insurance Product
Regulation Compact.
<DELETED>Subtitle B--District of Columbia Courts
<DELETED>Sec. 111. Modernization of Office of Register of Wills.
<DELETED>Sec. 112. Increase in cap on rates of pay for nonjudicial
employees.
<DELETED>Sec. 113. Clarification of rate for individuals providing
services to indigent defendants.
<DELETED>Sec. 114. Authority of Courts to conduct proceedings outside
of District of Columbia during emergencies.
<DELETED>Sec. 115. Authority of Court Services and Offender Supervision
Agency to use services of volunteers.
<DELETED>Sec. 116. Technical corrections relating to courts.
<DELETED>Subtitle C--Other Miscellaneous Technical Corrections
<DELETED>Sec. 121. 2004 District of Columbia Omnibus Authorization Act.
<DELETED>Sec. 122. District of Columbia Appropriations Act, 2005.
<DELETED>Sec. 123. Technical and conforming amendments relating to
banks operating under the Code of Law for
the District of Columbia.
<DELETED>TITLE II--INDEPENDENCE OF THE CHIEF FINANCIAL OFFICER
<DELETED>Sec. 201. Promoting independence of Chief Financial Officer.
<DELETED>Sec. 202. Personnel authority.
<DELETED>Sec. 203. Procurement authority.
<DELETED>Sec. 204. Fiscal impact statements.
<DELETED>TITLE III--AUTHORIZATION OF CERTAIN GENERAL APPROPRIATIONS
PROVISIONS
<DELETED>Sec. 301. Acceptance of gifts by Court Services and Offender
Supervision Agency.
<DELETED>Sec. 302. Evaluation process for public school employees.
<DELETED>Sec. 303. Clarification of application of pay provisions of
Merit Personnel System to all District
employees.
<DELETED>Sec. 304. Criteria for renewing or extending sole source
contracts.
<DELETED>Sec. 305. Acceptance of grant amounts not included in annual
budget.
<DELETED>Sec. 306. Standards for annual independent audit.
<DELETED>Sec. 307. Use of fines imposed for violation of traffic
alcohol laws for enforcement and
prosecution of laws.
<DELETED>Sec. 308. Certifications for attorneys in cases brought under
Individuals With Disabilities Education
Act.
<DELETED>TITLE I--GOVERNANCE OF DISTRICT OF COLUMBIA</DELETED>
<DELETED>Subtitle A--General District of Columbia Governance</DELETED>
<DELETED>SEC. 101. BUDGET FLEXIBILITY.</DELETED>
<DELETED> (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:</DELETED>
<DELETED>``permitting increase in amount appropriated as local funds
during a fiscal year</DELETED>
<DELETED> ``Sec. 446A. (a) In General.--Notwithstanding the fourth
sentence 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--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(2) by an aggregate amount of not more than 6
percent, in the case of any other amounts allocated under the
budget.</DELETED>
<DELETED> ``(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:</DELETED>
<DELETED> ``(1) The Chief Financial Officer of the District
of Columbia shall certify--</DELETED>
<DELETED> ``(A) the increase in revenue;
and</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(2) The amounts shall be obligated and expended
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.</DELETED>
<DELETED> ``(3) The amounts may not be used to fund any
agencies of the District government operating under court-
ordered receivership.</DELETED>
<DELETED> ``(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
Committee on Homeland Security and Governmental Affairs of the
Senate not fewer than 30 days in advance of the obligation or
expenditure.</DELETED>
<DELETED> ``(c) Effective Date.--This section shall apply with
respect to fiscal years 2006 through 2007.''.</DELETED>
<DELETED> (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),''.</DELETED>
<DELETED> (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:</DELETED>
<DELETED>``Sec. 446A. Permitting increase in amount appropriated as
local funds during a fiscal year.''.
<DELETED>SEC. 102. ADDITIONAL AUTHORITY TO ALLOCATE AMOUNTS IN RESERVE
FUNDS.</DELETED>
<DELETED> (a) In General.--Section 450A of the District of Columbia
Home Rule Act (sec. 1-204.50A, D.C. Official Code) is amended--
</DELETED>
<DELETED> (1) by redesignating subsection (c) as subsection
(d); and</DELETED>
<DELETED> (2) by inserting after subsection (b) the
following new subsection:</DELETED>
<DELETED> ``(c) Additional Authority to Allocate Amounts.--
</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(2) Limits on amount allocated.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(A) the expiration of the 9-month period
which begins on the date the allocation is made;
or</DELETED>
<DELETED> ``(B) the last day of the fiscal
year.</DELETED>
<DELETED> ``(4) Effective date.--This subsection shall apply
with respect to fiscal years 2006 through 2007.''.</DELETED>
<DELETED> (b) Special Rule for Timing of Replenishment After
Subsequent Allocation.--</DELETED>
<DELETED> (1) Emergency reserve fund.--Section 450A(a)(7) of
such Act (sec. 1-204.50A(a)(7), D.C. Official Code) is
amended--</DELETED>
<DELETED> (A) by striking ``(7) Replenishment.--The
District of Columbia'' and inserting the
following:</DELETED>
<DELETED> ``(7) Replenishment.--</DELETED>
<DELETED> ``(A) In general.--The District of
Columbia''; and</DELETED>
<DELETED> (B) by adding at the end the following new
subparagraph:</DELETED>
<DELETED> ``(B) Special rule for replenishment after
allocation for cash flow management.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (2) Contingency reserve fund.--Section 450A(b)(6)
of such Act (sec. 1-204.50A(b)(6), D.C. Official Code) is
amended--</DELETED>
<DELETED> (A) by striking ``(6) Replenishment.--The
District of Columbia'' and inserting the
following:</DELETED>
<DELETED> ``(6) Replenishment.--</DELETED>
<DELETED> ``(A) In general.--The District of
Columbia''; and</DELETED>
<DELETED> (B) by adding at the end the following new
subparagraph:</DELETED>
<DELETED> ``(B) Special rule for replenishment after
allocation for cash flow management.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED>SEC. 103. PERMITTING GENERAL SERVICES ADMINISTRATION TO OBTAIN
SPACE AND SERVICES ON BEHALF OF DISTRICT OF COLUMBIA
PUBLIC DEFENDER SERVICE.</DELETED>
<DELETED> (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 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.</DELETED>
<DELETED> (b) Effective Date.--This section shall apply with respect
to fiscal year 2006 and each succeeding fiscal year.</DELETED>
<DELETED>SEC. 104. AUTHORITY TO ENTER INTO INTERSTATE INSURANCE PRODUCT
REGULATION COMPACT.</DELETED>
<DELETED> (a) In General.--The District of Columbia is authorized to
enter into an interstate compact to establish a joint state commission
as an instrumentality of the District of Columbia for the purpose of
establishing uniform insurance product regulations among the
participating states.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>Subtitle B--District of Columbia Courts</DELETED>
<DELETED>SEC. 111. MODERNIZATION OF OFFICE OF REGISTER OF
WILLS.</DELETED>
<DELETED> (a) Revision of Duties.--Section 11-2104(b), District of
Columbia Official Code, is amended to read as follows:</DELETED>
<DELETED> ``(b) In matters over which the Superior Court has probate
jurisdiction or powers, the Register of Wills shall--</DELETED>
<DELETED> ``(1) make full and fair entries, in separate
records, of the proceedings of the court;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(3) lodge in places of safety designated by the
court original papers filed with the Register of
Wills;</DELETED>
<DELETED> ``(4) make out and issue every summons, process,
and order of the court;</DELETED>
<DELETED> ``(5) prepare and submit to the Executive Officer
of the District of Columbia courts such reports as may be
required; and</DELETED>
<DELETED> ``(6) in every respect, act under the control and
direction of the court.''.</DELETED>
<DELETED> (b) Repeal of Penalties.--</DELETED>
<DELETED> (1) In general.--Section 11-2104, District of
Columbia Code, is amended--</DELETED>
<DELETED> (A) in the heading, by striking ``;
penalties''; and</DELETED>
<DELETED> (B) by striking subsections (d) and
(e).</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (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.''.</DELETED>
<DELETED>SEC. 112. INCREASE IN CAP ON RATES OF PAY FOR NONJUDICIAL
EMPLOYEES.</DELETED>
<DELETED> (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
``maximum pay in section 5382(a)''.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 113. CLARIFICATION OF RATE FOR INDIVIDUALS PROVIDING
SERVICES TO INDIGENT DEFENDANTS.</DELETED>
<DELETED> (a) In General.--Section 11-2605, District of Columbia
Official Code, is amended--</DELETED>
<DELETED> (1) by striking subsection (b);</DELETED>
<DELETED> (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)'';</DELETED>
<DELETED> (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</DELETED>
<DELETED> (4) by redesignating subsections (c) and (d) as
subsections (b) and (c).</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 114. AUTHORITY OF COURTS TO CONDUCT PROCEEDINGS OUTSIDE
OF DISTRICT OF COLUMBIA DURING EMERGENCIES.</DELETED>
<DELETED> (a) District of Columbia Court of Appeals.--</DELETED>
<DELETED> (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:</DELETED>
<DELETED>``Sec. 11-710. Emergency authority to conduct proceedings
outside District of Columbia.</DELETED>
<DELETED> ``(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 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.</DELETED>
<DELETED> ``(b) Notice Requirements.--If the Court of Appeals issues
an order exercising its authority under subsection (a), the court--
</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(2) shall provide reasonable notice to the
United States Marshals Service before the commencement of any
special session held pursuant to such order.''.</DELETED>
<DELETED> (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:</DELETED>
<DELETED>``11-710. Emergency authority to conduct proceedings outside
District of Columbia.''.
<DELETED> (b) Superior Court of the District of Columbia.--
</DELETED>
<DELETED> (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:</DELETED>
<DELETED>``Sec. 11-911. Emergency authority to conduct proceedings
outside District of Columbia.</DELETED>
<DELETED> ``(a) In General.--The Superior 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
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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(c) Summoning of Jurors.--Notwithstanding any other
provision of law, in any case in which special sessions are conducted
pursuant to this section, the Superior Court may summon jurors--
</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(d) Notice Requirements.--If the Superior Court issues
an order exercising its authority under subsection (a), the Court--
</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(2) shall provide reasonable notice to the
United States Marshals Service before the commencement of any
special session held pursuant to such order.''.</DELETED>
<DELETED> (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:</DELETED>
<DELETED>``11-911. Emergency authority to conduct proceedings outside
District of Columbia.''.
<DELETED>SEC. 115. AUTHORITY OF COURT SERVICES AND OFFENDER SUPERVISION
AGENCY TO USE SERVICES OF VOLUNTEERS.</DELETED>
<DELETED> 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:</DELETED>
<DELETED> ``(g) Authority to Use Services of Volunteers.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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).''.</DELETED>
<DELETED>SEC. 116. TECHNICAL CORRECTIONS RELATING TO COURTS.</DELETED>
<DELETED> (a) In General.--Section 329 of the District of Columbia
Appropriations Act, 2005 (Public Law 108-335; 118 Stat. 1345), is
amended to read as follows:</DELETED>
<DELETED> ``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).</DELETED>
<DELETED> ``(b) Executive Officer.--</DELETED>
<DELETED> ``(1) In general.--Section 11-1704, District of
Columbia Official Code, is amended to read as
follows:</DELETED>
<DELETED>`Sec. 11-1704. Oath of Executive Officer.</DELETED>
<DELETED> `The Executive Officer shall take an oath or affirmation
for the faithful and impartial discharge of the duties of that
office.'.</DELETED>
<DELETED> ``(2) 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 11-1704 to
read as follows:</DELETED>
<DELETED>`11-1704. Oath of Executive Officer.'.
<DELETED> ``(c) Fiscal Officer.--Section 11-1723, District of
Columbia Official Code, is amended--</DELETED>
<DELETED> ``(1) by striking `(a)(1)' and inserting
`(a)';</DELETED>
<DELETED> ``(2) by striking subsection (b); and</DELETED>
<DELETED> ``(3) by redesignating paragraphs (2) and (3) of
subsection (a) as subsections (b) and (c).</DELETED>
<DELETED> ``(d) Auditor-Master.--Section 11-1724, District of
Columbia Official Code, is amended by striking the second and third
sentences.</DELETED>
<DELETED> ``(e) Register of Wills.--</DELETED>
<DELETED> ``(1) In general.--Section 11-2102, District of
Columbia Official Code, is amended--</DELETED>
<DELETED> ``(A) in the heading, by striking
`bond;';</DELETED>
<DELETED> ``(B) in subsection (a)(2), by striking
`give bond,' and all that follows through `seasonably
to record' and inserting `seasonably record';
and</DELETED>
<DELETED> ``(C) by striking the third sentence of
subsection (a).</DELETED>
<DELETED> ``(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;'.''.</DELETED>
<DELETED> (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:</DELETED>
<DELETED>``11-1728. Recruitment and training of personnel; travel.''.
<DELETED> (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.</DELETED>
<DELETED>Subtitle C--Other Miscellaneous Technical
Corrections</DELETED>
<DELETED>SEC. 121. 2004 DISTRICT OF COLUMBIA OMNIBUS AUTHORIZATION
ACT.</DELETED>
<DELETED> (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,''.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 122. DISTRICT OF COLUMBIA APPROPRIATIONS ACT,
2005.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (1) in the heading of subsection (a)(2), by
striking ``In general'' and inserting ``Operating expenditures
defined''; and</DELETED>
<DELETED> (2) in the heading of subsection (b)(2), by
striking ``In general'' and inserting ``Operating expenditures
defined''.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 123. TECHNICAL AND CONFORMING AMENDMENTS RELATING TO
BANKS OPERATING UNDER THE CODE OF LAW FOR THE DISTRICT OF
COLUMBIA.</DELETED>
<DELETED> (a) Federal Reserve Act.--</DELETED>
<DELETED> (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.''.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (b) Bank Conservation Act.--Section 202 of the Bank
Conservation Act (12 U.S.C. 202) is amended--</DELETED>
<DELETED> (1) by striking ``means (1) any national'' and
inserting ``means any national''; and</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (1) in paragraph (1) of section 731 (12 U.S.C.
216(1)) by striking ``and closed banks in the District of
Columbia''; and</DELETED>
<DELETED> (2) in paragraph (2) of section 732 (12 U.S.C.
216a(2)) by striking ``or closed banks in the District of
Columbia''.</DELETED>
<DELETED> (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)''.</DELETED>
<DELETED> (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
association located in the District of Columbia)''.</DELETED>
<DELETED> (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
association)''.</DELETED>
<DELETED> (g) Federal Trade Commission Act.--Section 18(f)(2) of the
Federal Trade Commission Act (15 U.S.C. 57a(f)(2)) is amended--
</DELETED>
<DELETED> (1) in subparagraph (A), by striking ``, banks
operating under the code of law for the District of
Columbia,''; and</DELETED>
<DELETED> (2) in subparagraph (B), by striking ``and banks
operating under the code of law for the District of
Columbia''.</DELETED>
<DELETED>TITLE II--INDEPENDENCE OF THE CHIEF FINANCIAL
OFFICER</DELETED>
<DELETED>SEC. 201. PROMOTING INDEPENDENCE OF CHIEF FINANCIAL
OFFICER.</DELETED>
<DELETED> (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:</DELETED>
<DELETED>``chief financial officer of the district of
columbia</DELETED>
<DELETED> ``Sec. 424. (a) In General.--</DELETED>
<DELETED> ``(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').</DELETED>
<DELETED> ``(2) Organizational analysis.--</DELETED>
<DELETED> ``(A) Office of budget and planning.--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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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 subordinate offices within the Office:</DELETED>
<DELETED> ``(A) The Office of Budget and Planning,
headed by the Deputy Chief Financial Officer for the
Office of Budget and Planning.</DELETED>
<DELETED> ``(B) The Office of Tax and Revenue,
headed by the Deputy Chief Financial Officer for the
Office of Tax and Revenue.</DELETED>
<DELETED> ``(C) The Office of Research and Analysis,
headed by the Deputy Chief Financial Officer for the
Office of Research and Analysis.</DELETED>
<DELETED> ``(D) The Office of Financial Operations
and Systems, headed by the Deputy Chief Financial
Officer for the Office of Financial Operations and
Systems.</DELETED>
<DELETED> ``(E) The Office of Finance and Treasury,
headed by the District of Columbia Treasurer.</DELETED>
<DELETED> ``(F) The Lottery and Charitable Games
Control Board, established by the Law to Legalize
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 Sec. 3-1301 et seq.).</DELETED>
<DELETED> ``(4) Supervisor.--The heads of the offices listed
in paragraph (3) of this section shall serve at the pleasure of
the Chief Financial Officer.</DELETED>
<DELETED> ``(5) Appointment and removal of office
employees.--The Chief Financial Officer shall appoint 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 paragraph (3), after consultation with the Mayor
and the Council.</DELETED>
<DELETED> ``(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 personnel (including personnel of executive branch
independent agencies) that report to the Office pursuant to
this Act.</DELETED>
<DELETED> ``(b) Appointment of the Chief Financial Officer.--
</DELETED>
<DELETED> ``(1) Appointment.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(B) Special rule for control years.--
During a control year, the Chief Financial Officer
shall be appointed by the Mayor as follows:</DELETED>
<DELETED> ``(i) Prior to the appointment,
the Authority may submit recommendations for
the appointment to the Mayor.</DELETED>
<DELETED> ``(ii) In consultation with the
Authority and the Council, the Mayor shall
nominate an individual for appointment and
notify the Council of the nomination.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(iv) The nomination shall be
effective subject to approval by a majority
vote of the Authority.</DELETED>
<DELETED> ``(2) Term.--</DELETED>
<DELETED> ``(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 appointments shall have an
anniversary date of July 1.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(C) Continuance.--Any Chief Financial
Officer may continue to serve beyond his term until a
successor takes office.</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(c) Removal of the Chief Financial Officer.--</DELETED>
<DELETED> ``(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 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 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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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:</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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 District of Columbia Financial Responsibility and
Management Assistance Act of 1995.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(5) Preparing and submitting to the Mayor and
the Council, with the approval of the Authority during a
control year, and making public--</DELETED>
<DELETED> ``(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 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</DELETED>
<DELETED> ``(B) quarterly re-estimates of the
revenues of the District of Columbia during the
year.</DELETED>
<DELETED> ``(6) Supervising and assuming responsibility for
financial transactions to ensure adequate control of revenues
and resources.</DELETED>
<DELETED> ``(7) Maintaining systems of accounting and
internal control designed to provide--</DELETED>
<DELETED> ``(A) full disclosure of the financial
impact of the activities of the District
government;</DELETED>
<DELETED> ``(B) adequate financial information
needed by the District government for management
purposes;</DELETED>
<DELETED> ``(C) effective control over, and
accountability for, all funds, property, and other
assets of the District of Columbia; and</DELETED>
<DELETED> ``(D) reliable accounting results to serve
as the basis for preparing and supporting agency budget
requests and controlling the execution of the
budget.</DELETED>
<DELETED> ``(8) Submitting to the Council a financial
statement of the District government, containing such details
and at such times as the Council may specify.</DELETED>
<DELETED> ``(9) Supervising and assuming responsibility for
the assessment of all property subject to assessment and
special assessments 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).</DELETED>
<DELETED> ``(10) Supervising and assuming responsibility for
the levying 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).</DELETED>
<DELETED> ``(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
depositing 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).</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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 available for an indefinite period
and all authorizations to create obligations by contract in
advance of appropriations) apportioning the total of such
appropriations, funds, or authorizations in the most effective
and economical manner.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(15) Prescribing the forms of receipts,
vouchers, bills, and claims to be used by all agencies,
offices, and instrumentalities of the District
government.</DELETED>
<DELETED> ``(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, payrolls, claims, demands, or
charges.</DELETED>
<DELETED> ``(17) In coordination with the Inspector General
of the District of Columbia, performing internal audits of
accounts and operations and records of the District government,
including the examination of any accounts or records of
financial transactions, giving due consideration to the
effectiveness of accounting systems, internal control, and
related administrative practices of the departments and
agencies of the District government.</DELETED>
<DELETED> ``(18) Exercising responsibility for the
administration and supervision of the District of Columbia
Treasurer.</DELETED>
<DELETED> ``(19) Supervising and administering all borrowing
programs for the issuance of long-term and short-term
indebtedness, as well as other financing-related programs of
the District government.</DELETED>
<DELETED> ``(20) Administering the cash management program
of the District government, including the investment of surplus
funds in governmental and non-governmental interest-bearing
securities and accounts.</DELETED>
<DELETED> ``(21) Administering the centralized District
government payroll and retirement systems (other than the
retirement system for police officers, fire fighters, and
teachers).</DELETED>
<DELETED> ``(22) Governing the accounting policies and
systems applicable to the District government.</DELETED>
<DELETED> ``(23) Preparing appropriate annual, quarterly,
and monthly financial reports of the accounting and financial
operations of the District government.</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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 obligations expected to be incurred by the District
government under such collective bargaining agreements and
nonunion pay proposals during the year.</DELETED>
<DELETED> ``(e) Functions of Treasurer.--At all times, the Treasurer
shall have the following duties:</DELETED>
<DELETED> ``(1) Assisting the Chief Financial Officer in
reporting revenues 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:</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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 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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(D) Monthly reports reflecting a
detailed summary analysis of all District of Columbia
government investments, including--</DELETED>
<DELETED> ``(i) the total of long-term and
short-term investments;</DELETED>
<DELETED> ``(ii) a detailed summary analysis
of investments by type and amount, including
purchases, sales (maturities), and
interest;</DELETED>
<DELETED> ``(iii) an analysis of investment
portfolio mix by type and amount, including
liquidity, quality/risk of each security, and
similar information;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(v) an analysis of cash
utilization, including--</DELETED>
<DELETED> ``(I) comparisons of
budgeted percentages of total cash to
be invested with actual percentages of
cash invested and the dollar
amounts;</DELETED>
<DELETED> ``(II) comparisons of the
next return on invested cash expressed
in percentages (yield) with comparable
market indicators and established
District of Columbia government yield
objectives; and</DELETED>
<DELETED> ``(III) comparisons of
estimated dollar return against actual
dollar yield.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(i) the amount of debt
outstanding by type of instrument;</DELETED>
<DELETED> ``(ii) the amount of authorized
and unissued debt, including availability of
short-term lines of credit, United States
Treasury borrowings, and similar
information;</DELETED>
<DELETED> ``(iii) a maturity schedule of the
debt;</DELETED>
<DELETED> ``(iv) the rate of interest
payable upon the debt; and</DELETED>
<DELETED> ``(v) the amount of debt service
requirements and related debt service
reserves.</DELETED>
<DELETED> ``(2) Such other functions assigned to the Chief
Financial Officer under subsection (d) as the Chief Financial
Officer may delegate.</DELETED>
<DELETED> ``(f) Definitions.--For purposes of this section (and
sections 424a and 424b)--</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(2) the term `control year' has the meaning
given such term under section 305(4) of such Act; and</DELETED>
<DELETED> ``(3) the term `District government' has the
meaning given such term under section 305(5) of such
Act.''.</DELETED>
<DELETED> (b) Clarification of Duties of Chief Financial Officer and
Mayor.--</DELETED>
<DELETED> (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),''.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED>SEC. 202. PERSONNEL AUTHORITY.</DELETED>
<DELETED> (a) Providing Independent Personnel Authority .--
</DELETED>
<DELETED> (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:</DELETED>
<DELETED>``authority of chief financial officer over personnel of
office and other financial personnel</DELETED>
<DELETED> ``Sec. 424a. (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 bargaining 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.</DELETED>
<DELETED> ``(b) Personnel.--The personnel described in this
subsection are as follows:</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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 act under the direction and control of the General
Counsel to the Chief Financial Officer.</DELETED>
<DELETED> ``(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 Financial Officers, Agency Fiscal
Officers, and Associate Chief Financial Officers of all
District of Columbia executive branch subordinate and
independent agencies (in accordance with subsection (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).</DELETED>
<DELETED> ``(c) Appointment of Certain Executive Branch Agency Chief
Financial Officers.--</DELETED>
<DELETED> ``(1) In general.--The Chief Financial Officers
and Associate Chief Financial Officers of all District of
Columbia executive 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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.''</DELETED>
<DELETED> (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:</DELETED>
<DELETED>``Sec. 424a. Authority of Chief Financial Officer over
personnel of Office and other financial
personnel.''.
<DELETED> (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 Sec. 1-608.62) is amended by striking
paragraph (2).</DELETED>
<DELETED>SEC. 203. PROCUREMENT AUTHORITY.</DELETED>
<DELETED> (a) Providing Independent Authority to Procure Goods and
Services.--</DELETED>
<DELETED> (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:</DELETED>
<DELETED>``procurement authority of the chief financial
officer</DELETED>
<DELETED> ``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 Procurement established under the District of 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.''.</DELETED>
<DELETED> (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:</DELETED>
<DELETED>``Sec. 424b. Procurement authority of the Chief Financial
Officer.''.
<DELETED> (b) Conforming Amendments.--</DELETED>
<DELETED> (1) Procurement practices act.--Section 104 of the
District of Columbia Procurement Practices Act of 1985 (sec. 2-
301.04, D.C. Official Code) is amended--</DELETED>
<DELETED> (A) in subsection (a), by striking ``, and
the District of Columbia Financial Responsibility and
Management Assistance Authority'' and inserting the
following: ``the District of Columbia Financial
Responsibility and Management Assistance Authority, and
(to the extent described in section 424b of the
District of Columbia Home Rule Act) the Office of the
Chief Financial Officer of the District of Columbia'';
and</DELETED>
<DELETED> (B) in subsection (c), by striking the
second and third sentences.</DELETED>
<DELETED> (2) Other conforming amendment.--Section 132 of
the District of Columbia Appropriations Act, 2006 (Public Law
109-115) is hereby repealed.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 204. FISCAL IMPACT STATEMENTS.</DELETED>
<DELETED> 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:</DELETED>
<DELETED>``fiscal impact statements</DELETED>
<DELETED> ``Sec. 4a. (a) Bills and Resolutions.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(c) Applicability.--Subsection (a) shall not apply to
emergency declaration, ceremonial, confirmation, and sense of the
Council resolutions.''.</DELETED>
<DELETED>TITLE III--AUTHORIZATION OF CERTAIN GENERAL APPROPRIATIONS
PROVISIONS</DELETED>
<DELETED>SEC. 301. ACCEPTANCE OF GIFTS BY COURT SERVICES AND OFFENDER
SUPERVISION AGENCY.</DELETED>
<DELETED> (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:</DELETED>
<DELETED> ``(3) Acceptance of gifts.--</DELETED>
<DELETED> ``(A) Authority to accept gifts.--During
fiscal years 2006 through 2008, the Director may accept
and use gifts in the form of--</DELETED>
<DELETED> ``(i) in-kind contributions of
space and hospitality to support offender and
defendant programs; and</DELETED>
<DELETED> ``(ii) equipment and vocational
training services to educate and train
offenders and defendants.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (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:</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED>SEC. 302. EVALUATION PROCESS FOR PUBLIC SCHOOL
EMPLOYEES.</DELETED>
<DELETED> 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:</DELETED>
<DELETED>``SEC. 1718. EVALUATION PROCESS FOR PUBLIC SCHOOL
EMPLOYEES.</DELETED>
<DELETED> ``Notwithstanding any other provision of law, rule, or
regulation, during fiscal year 2006 and each succeeding fiscal year the
evaluation process and instruments for evaluating District of Columbia
Public Schools employees shall be a non-negotiable item for collective
bargaining purposes.''.</DELETED>
<DELETED>SEC. 303. CLARIFICATION OF APPLICATION OF PAY PROVISIONS OF
MERIT PERSONNEL SYSTEM TO ALL DISTRICT
EMPLOYEES.</DELETED>
<DELETED> (a) District of Columbia Home Rule Act.--The fourth
sentence of section 422(3) of the District of Columbia Home Rule Act
(sec. 1-204.42(3), D.C. Official Code) is amended by striking ``The
system may provide'' and 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''.</DELETED>
<DELETED> (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:</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED>SEC. 304. CRITERIA FOR RENEWING OR EXTENDING SOLE SOURCE
CONTRACTS.</DELETED>
<DELETED> 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:</DELETED>
<DELETED> ``(b) During fiscal years 2006 through 2008, a procurement
contract awarded through noncompetitive negotiations in accordance with
subsection (a) may be renewed or extended only if the Chief Financial
Officer of the District of Columbia reviews the contract and certifies
that the contract was renewed or extended in accordance with duly
promulgated rules and procedures.''.</DELETED>
<DELETED>SEC. 305. ACCEPTANCE OF GRANT AMOUNTS NOT INCLUDED IN ANNUAL
BUDGET.</DELETED>
<DELETED> (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:</DELETED>
<DELETED>``acceptance of grant amounts not included in annual
budget</DELETED>
<DELETED> ``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.</DELETED>
<DELETED> ``(b) Conditions.--</DELETED>
<DELETED> ``(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--
</DELETED>
<DELETED> ``(A) the Chief Financial Officer submits
to the Council a report setting forth detailed
information regarding such grant; and</DELETED>
<DELETED> ``(B) the Council has reviewed and
approved the acceptance, obligation, and expenditure of
such grant.</DELETED>
<DELETED> ``(2) Deemed approval by council.--For purposes of
paragraph (1)(B), the Council shall be deemed to have reviewed
and approved the acceptance, obligation, and expenditure of a
grant if--</DELETED>
<DELETED> ``(A) no written notice of disapproval is
filed with the Secretary of the Council within 14
calendar days of the receipt of the report from the
Chief Financial Officer under paragraph (1)(A);
or</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(c) No Obligation or Expenditure Permitted in
Anticipation of Receipt or Approval.--No amount may be obligated or
expended from the general fund or other funds of the District of
Columbia government in 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.</DELETED>
<DELETED> ``(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 provided
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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(f) Effective Date.--This section shall apply with
respect to fiscal years 2006 through 2008.''.</DELETED>
<DELETED> (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,''.</DELETED>
<DELETED> (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:</DELETED>
<DELETED>``Sec. 446B. Acceptance of grant amounts not included in
annual budget.''.
<DELETED>SEC. 306. STANDARDS FOR ANNUAL INDEPENDENT AUDIT.</DELETED>
<DELETED> Section 448 of the District of Columbia Home Rule Act
(sec. 1-204.48, D.C. Official Code) is amended--</DELETED>
<DELETED> (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 subsection (c) in the case of fiscal years 2006
through 2008;''; and</DELETED>
<DELETED> (2) by adding at the end the following new
subsection:</DELETED>
<DELETED> ``(c) The financial statement and report for a fiscal year
prepared 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 the format,
terminology, and classifications contained in the law making the
appropriations for the year and its legislative history.''.</DELETED>
<DELETED>SEC. 307. USE OF FINES IMPOSED FOR VIOLATION OF TRAFFIC
ALCOHOL LAWS FOR ENFORCEMENT AND PROSECUTION OF
LAWS.</DELETED>
<DELETED> 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:</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED>SEC. 308. CERTIFICATIONS FOR ATTORNEYS IN CASES BROUGHT UNDER
INDIVIDUALS WITH DISABILITIES EDUCATION ACT.</DELETED>
<DELETED> (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:</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(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 proceeding, from the District of
Columbia;</DELETED>
<DELETED> ``(B) requiring such attorneys, as part of
the certification 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 providers to which the
attorneys have referred any clients in any such cases;
and</DELETED>
<DELETED> ``(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 government
of the District of Columbia, including the District of
Columbia Public Schools, to such
attorneys.''.</DELETED>
<DELETED> (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:</DELETED>
<DELETED> ``(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.''.</DELETED>
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 defendants.
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 services of volunteers.
Sec. 116. Technical corrections relating to courts.
Sec. 117. Inclusion of court employees in enhanced dental and vision
benefit program.
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.
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 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 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 sentence
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
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 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
Committee on Homeland Security and Governmental Affairs of the
Senate not fewer than 30 days in advance 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 sentence of section 446 of
such Act (sec. 1-204.46, D.C. Official Code) is amended by inserting
``section 446A,''after ``section 445A(b),''.
(c) Clerical Amendment.--The table of contents of such Act is
amended by inserting after the item relating to section 446 the
following new item:
``Sec. 446A. Permitting increase in amount appropriated as local funds
during a fiscal year.''.
SEC. 102. ADDITIONAL AUTHORITY TO ALLOCATE AMOUNTS IN RESERVE FUNDS.
(a) In General.--Section 450A of the District of 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
subsection:
``(c) Additional Authority To Allocate Amounts.--
``(1) In general.--Notwithstanding any other provision of
this section, in addition to the authority provided under this
section to allocate and use amounts from the emergency reserve
fund under 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 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.--'' and
inserting the following:
``(7) Replenishment.--
``(A) In general.--The District of Columbia''; and
(B) by adding at the end the following new
subparagraph:
``(B) Special rule for replenishment after
allocation 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
subparagraph:
``(B) Special rule for replenishment after
allocation 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.''.
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 services on
behalf of the Service (either directly by providing space and services
in buildings owned or occupied by the Federal Government or indirectly
by entering into leases with non-Federal entities) in the same manner,
and under the same terms and conditions, as the Administrator may
furnish space and services on 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 commission 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 requirement under
subsection (a) by issuing an executive order that specifically 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;
``(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 ``maximum 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 OUTSIDE 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:
``Sec. 11-710. Emergency Authority to conduct proceedings outside
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 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
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 commencement of any special session
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:
``Sec. 11-911. Emergency Authority to conduct proceedings outside
District of Columbia
``(a) In General.--The Superior 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 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 provision 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
``(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
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 commencement of any special session
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 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 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
Appropriations 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
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 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 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
benefits).
``(G) Chapter 89B (relating to enhanced vision
benefits).
``(H) Chapter 90 (relating to long-term care
insurance).''; and
(2) in subsection (c)(1), by striking subparagraph (D) and
inserting the following:
``(D) Chapter 89A (relating to enhanced dental
benefits).
``(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 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 operating 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 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 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 association)''.
(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
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 subordinate 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 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 Sec. 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.
``(5) Appointment and removal of office employees.--The
Chief Financial Officer shall appoint 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 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
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
control 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
appointments 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 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 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.--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 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
District 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 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 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
District 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 activities of the District government;
``(B) adequate financial information needed by the
District 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
assessment of all property subject to assessment and special
assessments 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
levying 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
depositing 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 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 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 available for an indefinite period and
all authorizations to create obligations by contract in advance
of appropriations) apportioning 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, payrolls, claims, demands, or charges.
``(17) In coordination with the Inspector General of the
District of Columbia, performing internal audits of accounts
and operations and records of the District government,
including the examination of any accounts or records of
financial transactions, giving due consideration to the
effectiveness of accounting systems, internal control, and
related administrative 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 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 program of the
District government, including the investment of surplus funds
in governmental and non-governmental interest-bearing
securities 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
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 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
obligations expected to be incurred by the District government
under such collective bargaining agreements and nonunion pay
proposals 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
revenues 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.
``(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 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
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 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
District 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.
``(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 bargaining 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 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 Financial Officers, Agency Fiscal Officers, and
Associate Chief Financial Officers of all District of Columbia
executive branch subordinate and independent agencies (in
accordance with subsection (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
Associate Chief Financial Officers of all District of Columbia
executive 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 Sec. 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
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 Procurement established under the District of 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 District
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 District of Columbia Financial
Responsibility and Management Assistance Authority, and
(to the extent described in section 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
resolutions.''.
TITLE III--AUTHORIZATION OF CERTAIN 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 available 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 evaluation
process and instruments for evaluating District of Columbia Public
Schools employees shall be a non-negotiable item for collective
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 sentence of
section 422(3) of the District of Columbia Home Rule Act (sec. 1-
204.42(3), D.C. Official Code) is amended by striking ``The system may
provide'' and 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 accordance with
subsection (a) may be renewed or extended only if the Chief Financial
Officer of the District of Columbia reviews the contract and certifies
that the 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
acceptance, obligation, and expenditure 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 acceptance, obligation, and expenditure of a
grant if--
``(A) no written notice of disapproval is filed
with the Secretary of the Council within 14 calendar
days of the receipt of the report from the Chief
Financial Officer under paragraph (1)(A); or
``(B) if such a notice of disapproval is filed
within such deadline, the Council does not by
resolution disapprove the acceptance, obligation, or
expenditure of the grant within 30 calendar days of the
initial receipt of the report from the Chief Financial
Officer under paragraph (1)(A).
``(c) No Obligation or Expenditure Permitted in Anticipation of
Receipt or Approval.--No amount may be obligated or expended from the
general fund or other funds of the District of Columbia government in
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 provided 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 subsection (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 prepared
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 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 proceeding, from the District of
Columbia;
``(B) requiring such attorneys, as part of the
certification 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 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 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:
``(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.''.
Calendar No. 534
109th CONGRESS
2d Session
H. R. 3508
_______________________________________________________________________
AN ACT
To authorize improvements in the operation of the government of the
District of Columbia, and for other purposes.
_______________________________________________________________________
July 25, 2006
Reported with an amendment