[Congressional Record Volume 151, Number 160 (Wednesday, December 14, 2005)]
[House]
[Pages H11588-H11596]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          2005 DISTRICT OF COLUMBIA OMNIBUS AUTHORIZATION ACT

  Mr. PORTER. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 3508) to authorize improvements in the operation of the 
government of the District of Columbia, and for other purposes, as 
amended.
  The Clerk read as follows:

                               H.R. 3508

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``2005 
     District of Columbia Omnibus Authorization Act''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents.

              TITLE I--GOVERNANCE OF DISTRICT OF COLUMBIA

          Subtitle A--General District of Columbia Governance

Sec. 101. Budget flexibility.
Sec. 102. Additional authority to allocate amounts in Reserve Funds.
Sec. 103. Permitting General Services Administration to obtain space 
              and services on behalf of District of Columbia Public 
              Defender Service.
Sec. 104. Authority to enter into Interstate Insurance Product 
              Regulation Compact.

                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.

[[Page H11589]]

Sec. 115. Authority of Court Services and Offender Supervision Agency 
              to use services of volunteers.
Sec. 116. Technical corrections relating to courts.

         Subtitle C--Other Miscellaneous Technical Corrections

Sec. 121. 2004 District of Columbia Omnibus Authorization Act.
Sec. 122. District of Columbia Appropriations Act, 2005.
Sec. 123. Technical and conforming amendments relating to banks 
              operating under the Code of Law for the District of 
              Columbia.

         TITLE II--INDEPENDENCE OF THE CHIEF FINANCIAL OFFICER

Sec. 201. Promoting independence of Chief Financial Officer.
Sec. 202. Personnel authority.
Sec. 203. Procurement authority.
Sec. 204. Fiscal impact statements.

 TITLE III--AUTHORIZATION OF CERTAIN GENERAL APPROPRIATIONS PROVISIONS

Sec. 301. Acceptance of gifts by Court Services and Offender 
              Supervision Agency.
Sec. 302. Evaluation process for public school employees.
Sec. 303. Clarification of application of pay provisions of Merit 
              Personnel 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.--The District of 
     Columbia'' 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.--The District of 
     Columbia'' 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

[[Page H11590]]

     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.

                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).''.

     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:

     `Sec. 11--1704. Oath of Executive Officer

       `The Executive Officer shall take an oath or affirmation 
     for the faithful and impartial discharge of the duties of 
     that office.'.

[[Page H11591]]

       ``(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.

         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''.

         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

[[Page H11592]]

     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

[[Page H11593]]

     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. 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.
       ``(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--

[[Page H11594]]

       (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. 4a.  (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)

[[Page H11595]]

     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.''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Nevada (Mr. Porter) and the gentlewoman from the District of Columbia 
(Ms. Norton) each will control 20 minutes.
  The Chair recognizes the gentleman from Nevada.


                             General Leave

  Mr. PORTER. Madam Speaker, I ask unanimous consent that all Members 
may have 5 legislative days within which to revise and extend their 
remarks and include extraneous material on the bill under 
consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Nevada?
  There was no objection.
  Mr. PORTER. Madam Speaker, I yield myself such time as I may consume, 
and I rise today in support of H.R. 3508, the 2005 District of Columbia 
Omnibus Authorization Act, introduced in July by Chairman Tom Davis and 
Congresswoman Norton and approved by the Committee on Government Reform 
in September of this year.
  This is the second year in a row that Congress has moved an omnibus 
authorization bill for the District. The purpose of H.R. 3508 is to 
provide a process by which Congress works with the District to consider 
annually or biannually any changes that need to be made to Federal laws 
regarding the District.
  H.R. 3508 contains many provisions that will help the District manage 
its operations more effectively. Also, the legislation will help 
Congress in its oversight of the affairs of the Nation's capital by 
permanently creating a D.C. Chief Financial Officer, which will be 
fully accountable to this Congress, and I urge my colleagues to support 
H.R. 3508.
  Madam Speaker, I reserve the balance of my time.
  Ms. NORTON. Madam Speaker, I yield myself such time as I may consume, 
and I thank my friend from Nevada for sitting in for our good friend, 
the chair of the committee, Mr. Davis, who has worked so closely with 
me on the 2005 District of Columbia Omnibus Authorization Act on a home 
rule basis. I thank Chairman Davis also for getting this important bill 
to the floor before we adjourn this month and for his leadership on the 
bill.
  The D.C. Omnibus Authorization Act is a welcome committee innovation 
designed to achieve greater efficiency in considering District of 
Columbia matters, most of which are of little importance or concern to 
Congress but must come here only because they, or similar issues, 
appear in the D.C. City Charter and cannot become D.C. law until 
sanctioned by congressional action. It is very wasteful, but that is 
the way it operates.
  All of the provisions in this bill have been passed or approved by 
the District of Columbia. Of the many provisions in the act, three are 
particularly important: One, a provision allowing greater budget 
flexibility for the City to carry out necessary business; two, a 
section permitting the District to spend more of its reserve funds; 
and, three, strengthening the Chief Financial Officer.
  First, the bill alters a semiannual requirement that the District 
come to Congress to become part of the Federal supplemental before the 
City may spend taxing revenue that is collected from District of 
Columbia taxpayers after the annual appropriation bill has been 
enacted.
  I am grateful that the appropriators, Chairmen Lewis and Cochran, and 
District of Columbia chairs and ranking members Knollenberg, Olver, 
Brownback and Landrieu have agreed with the authorizers that this 
change is beneficial both to the Congress and to the District.
  Although funds inevitably come in to any local jurisdiction or any 
State all year as taxes are paid by residents and businesses, D.C. 
cannot spend these funds for vital services, even though similar 
expenditures have been approved by Congress in the prior appropriation 
bill. This limitation applies to any unauthorized amount, even bonds 
the City must issue.
  We saw the perils of this requirement when there was a fear that the 
District's bonds for the baseball stadium would be held up.

                              {time}  1930

  The press, seeing the D.C. baseball stadium in the 2005 war 
supplemental, repeatedly and gleefully reported that Congress, not 
D.C., was building a baseball stadium and had put this provision in a 
vital bill intended to fund defense. This provision also removes the 
possibility of such unintended effect.
  Of great importance to the greater flexibility of both governments, 
this section moves the District of Columbia toward the long-time goal 
of budget autonomy over its own taxpayer-raised funds because it allows 
the District to spend up to 6 percent of its own money between 
appropriation bills without coming back to Congress midyear during the 
supplemental process I have just described.
  Under existing law and constitutional interpretation, congressional 
jurisdiction to change any D.C. matter remains, as always, under this 
provision, and under this provision Congress loses nothing while the 
District of Columbia gains much that is necessary to run a big city.
  Second, because of its prudence, the District now has emergency 
reserve and contingency funds that would be the envy of most 
jurisdictions, and Congress has reinforced these savings with unique 
requirements not found anywhere else in this country. In the meantime, 
residents watch the neglect of basic services while the District grows 
an ever-larger reserve fund that cannot be tapped for any reason. There 
is special outrage that many of our children attend dilapidated public 
schools, some as old as I am and that I remember well when I was in 
school here as a child. This provision authorizes the District to 
borrow up to 50 percent of the fund balance from the emergency and 
contingency reserve funds

[[Page H11596]]

through the end of 2007 provided that the fund is reimbursed within 9 
months of the borrowing or by the end of the fiscal year in which the 
money is borrowed.
  Third, although the city's financial officer is a city, and not a 
Federal, official and is appointed by the Mayor, the provision for this 
office is in the charter. Therefore, even the pending D.C. Council 
action to strengthen the CFO needs congressional sanction, even though 
the provision makes an already strong official even more independent by 
giving him a term of 5 years with dismissal only for cause by the Mayor 
subject to the approval of the council by resolution approved by at 
least two-thirds of its members.
  The bill also confirms the CFO's personnel and procurement authority 
under D.C. law and confirms that the collective bargaining rights of 
CFO employees are preserved.
  Finally, an important provision bears mentioning because it helps 
preserve the justice system in case of emergency. This provision allows 
the District courts to conduct business outside of the district in case 
of an emergency. I appreciate that the House has moved this important 
bill forward so it may obtain early passage in the Senate where its 
provisions have strong support.
  Madam Speaker, I strongly urge my colleagues to support this bill.
  Mr. TOM DAVIS of Virginia. Mr. Speaker, please include the attached 
exchange of letters between Chairman Michael G. Oxley of the Committee 
on Financial Services and myself in the Congressional Record at the end 
of the debate on H.R. 3508 under general leave.

                                         House of Representatives,


                              Committee on Financial Services,

                                Washington, DC, December 12, 2005.
     Hon. Tom Davis,
     Chairman, Committee on Government Reform, House of 
         Representatives, Rayburn House Office Building, 
         Washington, DC.
       Dear Chairman Davis: On September 15, 2005, the Committee 
     on Government Reform ordered reported to the House H.R. 3508, 
     the 2005 District of Columbia Omnibus Authorization Act. 
     Thank you for consulting with the Committee on Financial 
     Services on those matters in H.R. 3508 within the 
     jurisdiction of this Committee, especially the provisions in 
     section 123 making technical and conforming amendments 
     relating to banks operating under the District of Columbia 
     Code. I am writing to confirm our mutual understanding with 
     respect to the further consideration of H.R. 3508. This bill 
     will be considered by the House shortly.
       As a result of this consultation and in the interest of 
     expediting the House's consideration of H.R. 3508, the 
     Committee on Financial Services did not request a sequential 
     referral of the bill. However, the Committee did so only with 
     the understanding that this procedural route will not 
     prejudice the Committee's jurisdictional interest and its 
     prerogatives with respect to this bill or similar 
     legislation. I respectfully request your support for an 
     appropriate appointment of outside conferees from this 
     Committee in the event of a House-Senate conference.
       Finally, I request that a copy of this letter and your 
     response be included in the Congressional Record during the 
     floor consideration of this bill. Thank you again for your 
     assistance.
           Yours truly,
                                                 Michael G. Oxley,
                                                         Chairman.
                                  ____
                                  
                                         House of Representatives,


                               Committee on Government Reform,

                                Washington, DC, December 13, 2005.
     Hon. Michael G. Oxley,
     Chairman, Committee on Financial Services,
     House of Representatives, Washington, DC.
       Dear Mr. Chairman: Thank you for your recent letter 
     regarding H.R. 3508, the 2005 District of Columbia Omnibus 
     Authorization Act. I appreciate your assistance and your 
     willingness to expedite the consideration of this bill.
       I agree that the provisions in section 123 making technical 
     and conforming amendments to banks operating under the 
     District of Columbia Code are within the jurisdiction of the 
     Committee on Financial Services. I also agree that your 
     willingness to waive a sequential referral request does not 
     prejudice the Financial Services Committee's jurisdictional 
     interest and its prerogatives with respect to this bill or 
     similar legislation. I will support your request for an 
     appropriate appointment of outside conferees from your 
     Committee in the event of a House-Senate conference.
       Finally, I will include a copy of your letter and this 
     response in the Congressional Record during the floor 
     consideration of this bill. Thank you again for your 
     cooperation.
           Sincerely,
                                                        Tom Davis,
                                                         Chairman.

  Ms. NORTON. Madam Speaker, I yield back the balance of my time.
  Mr. PORTER. Madam Speaker, I urge all Members to support passage of 
H.R. 3508, as amended; and I yield back the balance of my time.
  The SPEAKER pro tempore (Miss McMorris). The question is on the 
motion offered by the gentleman from Nevada (Mr. Porter) that the House 
suspend the rules and pass the bill, H.R. 3508, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

                          ____________________