[House Report 109-267]
[From the U.S. Government Publishing Office]



109th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    109-267

======================================================================



 
          2005 DISTRICT OF COLUMBIA OMNIBUS AUTHORIZATION ACT

                                _______
                                

November 3, 2005.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Tom Davis of Virginia, from the Committee on Government Reform, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 3508]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Government Reform, to whom was referred the 
bill (H.R. 3508) to authorize improvements in the operation of 
the government of the District of Columbia, and for other 
purposes, having considered the same, report favorably thereon 
with an amendment and recommend that the bill as amended do 
pass.

                                Contents

                                                                   Page
Committee Statement and Views....................................    17
Section-by-Section...............................................    17
Explanation of Amendments........................................    21
Committee Consideration..........................................    21
Rollcall Votes...................................................    21
Application of Law to the Legislative Branch.....................    21
Statement of Oversight Findings and Recommendations of the 
  Committee......................................................    21
Statement of General Performance Goals and Objectives............    21
Constitutional Authority Statement...............................    21
Federal Advisory Committee Act...................................    22
Unfunded Mandate Statement.......................................    22
Committee Estimate...............................................    22
Budget Authority and Congressional Budget Office Cost Estimate...    22
Changes in Existing Law Made by the Bill as Reported.............    23

    The amendment is as follows:
    Strike all after the enacting clause and insert the 
following:

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. Authority of Mayor of District of Columbia to appoint members 
of Public Charter School Board.
Sec. 104. Permitting General Services Administration to obtain space 
and services on behalf of District of Columbia Public Defender Service.
Sec. 105. 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.
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 year 2006 and each succeeding fiscal year.''.
  (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. AUTHORITY OF MAYOR OF DISTRICT OF COLUMBIA TO APPOINT MEMBERS 
                    OF PUBLIC CHARTER SCHOOL BOARD.

  (a) Appointment of Members.--Section 2214(a)(2) of the District of 
Columbia School Reform Act of 1995 (sec. 38--1802.14(a)(2), D.C. 
Official Code) is amended by striking ``The Secretary of Education'' 
and all that follows through ``represented on the Board:'' and 
inserting the following: ``The Board shall consist of 7 individuals 
appointed by the Mayor in consultation with the District of Columbia 
Council who are determined by the Mayor to be qualified to serve on the 
Board, so that a knowledge of each of the following areas is 
represented:''.
  (b) Filling of Vacancies.--Section 2214(a)(3) of such Act (sec. 38--
1802.14(a)(3), D.C. Official Code) is amended to read as follows:
          ``(3) Vacancies.--When a vacancy occurs in the membership of 
        the Board for reasons other than the expiration of the term of 
        a member, the Mayor, in consultation with the District of 
        Columbia Council, shall appoint an individual to fill the 
        vacancy taking into consideration the criteria described in 
        paragraph (2). Any individual appointed to fill a vacancy 
        occurring prior to the expiration of the term of a predecessor 
        shall be appointed only for the remainder of that term.''.
  (c) Conforming Amendment.--Section 2214(a) of such Act (sec. 38--
1802.14(a), D.C. Official Code) is amended--
          (1) by striking paragraph (4); and
          (2) by redesignating paragraphs (5) and (6) as paragraphs (4) 
        and (5).
  (d) Effective Date.--The amendments made by this section shall apply 
with respect to appointments made to the Public Charter School Board of 
the District of Columbia after the date of the enactment of this Act.

SEC. 104. 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. 105. 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 
        Official 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)''; and
          (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)''.
  (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.

  ``The court may hold special sessions at any place 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 unavailable, the most 
senior available active judge of the court) or the Joint Committee on 
Judicial Administration of 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.''.
          (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.

  ``The Superior Court may hold special sessions at any place 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 
unavailable, the most senior available active judge of the Superior 
Court) or the Joint Committee on Judicial Administration of 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 Superior 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, including 
business requiring the summoning of jurors from within the District of 
Columbia to the location outside the District of Columbia at which the 
special session is held.''.
          (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) Corrections Relating to District of Columbia Appropriations Act, 
2005.--
          (1) 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.'.
          ``(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;'.''.
          (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 11-1728 to read as 
        follows:

``11-1728. Recruitment and training of personnel and travel.''.

          (3) Effective date.--The amendments made by this subsection 
        shall take effect as if included in the enactment of the 
        District of Columbia Appropriations Act, 2005.
  (b) Corrections Relating to District of Columbia Appropriations Act, 
2002.--
          (1) In general.--Section 16-2326.01(g)(4), District of 
        Columbia Official Code, is amended by striking ``11-2605(c)'' 
        and inserting ``11-2605(d)''.
          (2) Effective date.--The amendment made by paragraph (1) 
        shall take effect as if included in the enactment of the 
        District of Columbia Appropriations Act, 2002.

         Subtitle C--Other Miscellaneous Technical Corrections

SEC. 121. 2004 DISTRICT OF COLUMBIA OMNIBUS AUTHORIZATION ACT.

  (a) In General.--The first sentence of section 446 of the District of 
Columbia Home Rule Act (sec. 1-204.46, 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 removal 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.--Alll 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 Office may 
                continue to serve beyond his term until a successor 
                take 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 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. 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 1985 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 Amendment.--Section 104 of the District of Columbia 
Procurement Practices Act of 1985 (sec. 2-301.04, D.C. Official Code) 
is amended--
          (1) in subsection (a), by striking ``and District of Columbia 
        Advisory Neighborhood Commissions'' and inserting the 
        following: ``District of Columbia Advisory Neighborhood 
        Commissions, 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
          (2) in subsection (c), by striking the second and third 
        sentences.
  (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 year 2006 and each succeeding fiscal year.''.
  (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.''.

                     COMMITTEE STATEMENT AND VIEWS


                          Purpose and Summary

    H.R. 3508, the second annual omnibus authorization bill for 
the District of Columbia, would authorize improvements in the 
operations of the government of the District of Columbia.

                  Background and Need for Legislation

    The Government Reform Committee has jurisdiction over the 
municipal affairs of the District of Columbia. In order to 
foster a better working relationship between the District of 
Columbia and Congress, the Committee has initiated an annual or 
biannual authorization process that would provide the District 
with a vehicle with which to move needed changes in the federal 
laws governing the District of Columbia.

                          Legislative History

    On July 28, 2005, Chairman Tom Davis (R-VA) and Rep. 
Eleanor Norton (D-DC) introduced H.R. 3508, the ``2005 District 
of Columbia Omnibus Authorization Act,'' to authorize 
improvements in the federal statutes governing the District of 
Columbia. The bill was subsequently referred to the Committee 
on Government Reform. On September 15, 2005, the full 
Government Reform Committee held a business meeting to mark up 
H.R. 3508. During the markup, Chairman Davis offered a 
substitute amendment that would add to the legislation 
additional provisions that were not finalized when the 
legislation was introduced in July. The committee approved H.R. 
3508 by voice vote and ordered it reported favorably to the 
full House of Representatives for consideration.

                      Section-by-Section Analysis


              TITLE I--GOVERNANCE OF DISTRICT OF COLUMBIA

    Subtitles A and B include provisions requested by the 
District government and the D.C. Court; subtitle C contains 
technical corrections suggested by legislative counsel.

Subtitle A--General District of Columbia Governance

Sec. 101. Budget flexibility

    To ensure that the District government has sufficient 
resources available to administer services in the event of 
unforeseen circumstances, this section would authorize the D.C. 
to spend an aggregate amount of not more than 6% of 
unappropriated local funds during the 2006-2008 fiscal years.

Sec. 102. Authority to allocate reserve funds

    This section would authorize the District to tap into the 
emergency and contingency reserve funds, provided that D.C. 
reimburses the funds.

Sec. 103. Public Charter School Board reform

    This section would amend the District of Columbia School 
Reform Act of 1995 to remove the Department of Education from 
the process of selecting members to serve on the D.C. Public 
Charter School Board.

Sec. 104. Assistance for DCPDS for space and services

    This section would authorize the District of Columbia 
Public Defender Service--a nonfederal entity that is fully 
funded through federal appropriations--to use the services of 
the General Services Administration in managing its real 
estate. This section was added to the bill by the amendment in 
the nature of a substitute.

Sec. 105. Authority to DC to enter into Interstate Insurance Product 
        Regulation Compact

    This section would authorize the District to enter into an 
interstate insurance compact (included at the request of the 
District, based on the District's concern that it might not 
have the legal authority to enter into an interstate compact 
since it is not a State). This section was added to the bill by 
the amendment in the nature of a substitute.

Subtitle B--District of Columbia Courts

Sec. 111. Register of wills modernization

    This section would enable the D.C. Court to integrate 
information technology into their administrative services by 
removing outdated requirements such as the requirement that the 
Court maintain records in ``strong bound books.''

Sec. 112. Pay cap for nonjudicial court employees

    This section would revise the pay cap available for 
nonjudicial employees from Executive Schedule IV to Executive 
Schedule III to enable the courts to effectively implement a 
performance management system. This would put the nonjudicial 
personnel of the D.C. Courts on par with the nonjudicial 
employees of the federal courts in the District.

Sec. 113. Services of investigators

    This section would provide a technical change to the 
statute governing the rate of pay available for individuals 
providing services to indigent defendants pay applying the $25/
hour pay cap to only investigator services rather than experts 
and other service providers.

Sec. 114. Emergency authority to conduct affairs outside the District

    This section would provide the D.C. Court with the 
authority to conduct business outside D.C. in the event of an 
emergency that made it impossible or impracticable to operate 
within the District.

Sec. 115. CSOSA Volunteer Authority

    This section would authorize the Court Services and 
Offender Supervision Agency to accept the use of volunteers in 
administering its services (requested by CSOSA). This section 
was added to the bill by the amendment in the nature of a 
substitute.

Sec. 116. D.C. Court technical corrections

    This section would provide technical corrections to an 
authorizing provision that was carried in last year's D.C. 
appropriations bill relating to the statutes governing the D.C. 
Court.

Subtitle C--Other Miscellaneous Technical Corrections

Sec. 121. 2004 D.C. Omnibus Authorization Act

    This section would make a technical change to a provision 
carried in last year's authorization bill pertaining to the 
District Council's consideration of the budget.

Sec. 122. 2005 D.C. Appropriations Act

    This section would make a technical change to the D.C. Home 
Rule Act to clean up a change to the Act that was adopted as 
part of last year's D.C. appropriations bill.

Sec. 123. Technical corrections regarding D.C. Bank Oversight

    This section includes a handful of technical corrections to 
federal banking laws to reflect a change that was included in 
last year's D.C. Authorization bill (P.L. 108-386) that 
transferred oversight of D.C.-chartered banks from the Office 
of the Comptroller of the Currency to the Federal Deposit 
Insurance Corporation. This section was added to the bill by 
the amendment in the nature of a substitute.

         TITLE II--INDEPENDENCE OF THE CHIEF FINANCIAL OFFICER

    These provisions are similar to the CFO language passed by 
the Senate in S. 1267, except that the hiring and firing of the 
District's Chief Financial Officer would be subject to a 30-day 
review by Congress before taking effect.

Sec. 201. Permanently authorizing the District CFO

    This section would permanently authorize the District of 
Columbia Chief Financial Officer, detailing the 
responsibilities, the hiring and firing procedures, and the 
term for the Chief Financial Officer. This section would also 
establish in statute the duties and responsibilities of the 
D.C. Treasurer.

Sec. 202. Personnel authority for the CFO

    This section would provide independent personnel authority 
for the District Chief Financial Officer.

Sec. 203. Procurement authority for the CFO

    This section would provide procurement authority for the 
District Chief Financial Officer.

Sec. 204. Fiscal impact statements

    This section would require that all legislation passed by 
the D.C. Council be accompanied by a fiscal impact statement.

     TITLE III--AUTHORIZATION OF CERTAIN GENERAL APPROPS PROVISIONS

    All of the following provisions have traditionally been 
carried in annual D.C. appropriations bills.

Sec. 301. Acceptance of gifts by CSOSA

    This section would authorize, for fiscal years 2006 through 
2008, the Court Services and Offender Supervision Agency to 
accept gift of space and training to support offender and 
defendant programs and the Public Defender Service to charge 
fees to cover the costs of materials distributed to attendees 
of educational events (also for FY06-08).

Sec. 302. Public school employee negotiation process

    This section would exempt the evaluation process and 
instruments for evaluating DCPS employees from collective 
bargaining.

Sec. 303. Exemption of District employees from federal civil service 
        laws

    This section would permanently exempt District government 
employees from title 5 of the United States Code.

Sec. 304. Criteria for renewing or extending sole source contracts

    This section would iterate that, during fiscal years 2006 
through 2008, a noncompetitively bid contract could not be 
renewed or extended unless the CFO determined that the contract 
was renewed or extended in accordance with duly promulgated 
rules and procedures.

Sec. 305. Acceptance of grants

    This section would authorize the Mayor to accept, obligate 
and expend federal, private or other grants received by the 
District that are not reflected in the District's budget as 
approved by Congress, provided that certain reporting 
requirements are met.

Sec. 306. Annual independent audit standards

    This section would clarify, for fiscal years 2006 through 
2008, the requirements of the annual independent audit 
conducted by the District's Inspector General.

Sec. 307. Use of fines imposed for violation of traffic alcohol laws

    This section would require the District to use any revenue 
generated from District traffic alcohol laws exclusively for 
the enforcement and prosecution of the District traffic alcohol 
laws.

Sec. 308. IDEA attorneys

    This section would require the CFO to establish practices 
to enhance the transparency of the disclosure processes for 
attorneys in special education processes.

                       Explanation of Amendments

    The provisions of the amendment in the nature of a 
substitute are reflected in the descriptive portions of this 
report.

                        Committee Consideration

    On September 15, 2005, the Committee met in open session 
and ordered favorably reported the bill, H.R. 3508, by voice 
vote, a quorum being present.

                             Rollcall votes

    No rollcall votes were held.

              Application of Law to the Legislative Branch

    Section 102(b)(3) of Public Law 104-1 requires a 
description of the application of this bill to the legislative 
branch where the bill relates to the terms and conditions of 
employment or access to public services and accommodations. 
This bill improves the operations of the District of Columbia 
by authorizing improvements to the federal laws governing the 
District.
    Legislative branch employees and their families, to the 
extent that they are otherwise eligible for the benefits 
provided by this legislation, have equal access to its 
benefits.

  Statement of Oversight Findings and Recommendations of the Committee

    In compliance with clause 3(c)(1) of rule XIII and clause 
(2)(b)(1) of rule X of the Rules of the House of 
Representatives, the Committee's oversight findings and 
recommendations are reflected in the descriptive portions of 
this report.

         Statement of General Performance Goals and Obejectives

    In accordance with clause 3(c)(4) of rule XIII of the Rules 
of the House of Representatives, the Committee's performance 
goals and objectives are reflected in the descriptive portions 
of this report.

                   Constitutional Authority Statement

    Under clause 3(d)(1) of rule XIII of the Rules of the House 
of Representatives, the Committee must include a statement 
citing the specific powers granted to Congress to enact the law 
proposed by H.R. 3508. Article I, Section 8, Clause 17 of the 
Constitution of the United States grants the Congress the power 
to enact this law.

                     Federal Advisory Committee Act

    The Committee finds that the legislation does not establish 
or authorize the establishment of an advisory committee within 
the definition of 5 U.S.C. App., Section 5(b).

                       Unfunded Mandate Statement

    Section 423 of the Congressional Budget and Impoundment 
Control Act (as amended by Section 101(a)(2) of the Unfunded 
Mandates Reform Act, P.L. 104-4) requires a statement whether 
the provisions of the report include unfunded mandates. In 
compliance with this requirement the Committee has received a 
letter from the Congressional Budget Office included herein.

                           Committee Estimate

    Clause 3(d)(2) of rule XIII of the Rules of the House of 
Representatives requires an estimate and a comparison by the 
Committee of the costs that would be incurred in carrying out 
H.R. 3508. However, clause 3(d)(3)(B) of that rule provides 
that this requirement does not apply when the Committee has 
included in its report a timely submitted cost estimate of the 
bill prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act.

     Budget Authority and Congressional Budget Office Cost Estimate

    With respect to the requirements of clause 3(c)(2) of rule 
XIII of the Rules of the House of Representatives and section 
308(a) of the Congressional Budget Act of 1974 and with respect 
to requirements of clause 3(c)(3) of rule XIII of the Rules of 
the House of Representatives and section 402 of the 
Congressional Budget Act of 1974, the Committee has received 
the following cost estimate for H.R. 3508 from the Director of 
Congressional Budget Office:

                                                  October 12, 2005.
Hon. Tom Davis,
Chairman, Committee on Government Reform,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 3508, the 2005 
District of Columbia Omnibus Authorization Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Matthew 
Pickford.
            Sincerely,
                                       Douglas Holtz-Eakin,
                                                          Director.
    Enclosure.

H.R. 3508--2005 District of Columbia Omnibus Authorization Act

    H.R. 3508 would amend federal laws applicable to the 
District of Columbia (D.C.). Most of the provisions would 
affect operations of the D.C. government, including authorizing 
the use of local funds for emergency spending, permanently 
authorizing the District's Chief Financial Officer, requiring 
fiscal impact statements for all legislation passed by the D.C. 
Council, and allowing the District to enter into compacts with 
other states regarding insurance regulations. CBO estimates 
that implementing those provisions would have no impact on the 
federal budget.
    H.R. 3508 would also authorize lifting the cap on the pay-
for-performance system for senior-level employees of D.C. 
Courts, allow for the use of volunteers and the receipt of 
gifts by the Court Services and Offender Supervision Agency 
(CSOSA), authorize D.C. Public Defender Services to charge fees 
for conference materials, and allow spending of fines for 
alcohol-related traffic violations. Under the National Capital 
Revitalization and Self-Government Improvement Act of 1997, the 
budget of the D.C. Courts system is funded by federal 
appropriations, and its expenditures are recorded on the 
federal budget. Based on information from the D.C. Courts, 
CSOSA, and D.C. Defender Services, CBO estimates that those 
provisions would not have a significant effect on spending 
subject to appropriation, direct spending, or revenues.
    Because most provisions of H.R. 3508 would codify current 
law and practice, the bill contains no intergovernmental or 
private-sector mandates as defined in the Unfunded Mandates 
Reform Act and would impose no costs on the District of 
Columbia.
    The CBO staff contact for this estimate is Matthew 
Pickford. This estimate was approved by Peter H. Fontaine, 
Deputy Assistant Director for Budget Analysis.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

                 THE DISTRICT OF COLUMBIA HOME RULE ACT


                            TABLE OF CONTENTS

     * * * * * * *

                     TITLE IV--THE DISTRICT CHARTER

     * * * * * * *

                            Part B--The Mayor

     * * * * * * *
Sec. 424a. Authority of Chief Financial Officer over personnel of Office 
          and other financial personnel.
Sec. 424b. Procurement authority of the Chief Financial Officer.
     * * * * * * *

            Part D--District Budget and Financial Management

               Subpart 1--Budget and Financial Management

Sec. 441. Fiscal year.
     * * * * * * *
Sec. 446A. Permitting increase in amount appropriated as local funds 
          during a fiscal year.
Sec. 446B. Acceptance of grant amounts not included in annual budget.

           *       *       *       *       *       *       *


TITLE IV--THE DISTRICT CHARTER

           *       *       *       *       *       *       *


Part B--The Mayor

           *       *       *       *       *       *       *


                           POWERS AND DUTIES

  Sec. 422. The executive power of the District shall be vested 
in the Mayor who shall be the chief executive officer of the 
District government. In addition, except as otherwise provided 
in this Act, all functions granted to or vested in the 
Commissioner of the District of Columbia, as established under 
reorganization Plan Numbered 3 of 1967, shall be carried out by 
the Mayor in accordance with this Act. The Mayor shall be 
responsible for the proper execution of all laws relating to 
the District, and for the proper administration of the affairs 
of the District coming under his jurisdiction or control, 
including but not limited to the following powers, duties, and 
functions:
  (1)  * * *

           *       *       *       *       *       *       *

  (3) The Mayor shall administer the personnel functions of the 
District covering employees of all District departments, 
boards, commissions, offices and agencies, except as otherwise 
provided by this Act. Personnel legislation enacted by Congress 
prior to or after the effective date of this section, 
including, without limitation, legislation relating to 
appointments, promotions, discipline, separations, pay, 
unemployment compensation, health, disability and death 
benefits, leave, retirement, insurance, and veterans' 
preference applicable to employees of the District government 
as set forth in section 714(c), shall continue to be applicable 
until such time as the Council shall, pursuant to this section, 
provide for coverage under a District government merit system. 
The District government merit system shall be established by 
act of the Council. [The system may provide] 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 for continued 
participation in all or part of the Federal Civil Service 
System and shall provide for persons employed by the District 
government immediately preceding the effective date of such 
system personnel benefits, including but not limited to pay, 
tenure, leave, residence, retirement, health and life 
insurance, and employee disability and death benefits, all at 
least equal to those provided by legislation enacted by 
Congress, or regulation adopted pursuant thereto, and 
applicable to such officers and employees immediately prior to 
the effective date of the system established pursuant to this 
Act, except that nothing in this Act shall prohibit the 
District from separating an officer or employee subject to such 
system in the implementation of a financial plan and budget for 
the District government approved under subtitle A of title II 
of the District of Columbia Financial Responsibility and 
Management Assistance Act of 1995. The District government 
merit system shall take effect not earlier than one year nor 
later than five years after the effective date of this section.

           *       *       *       *       *       *       *


          [CHIEF FINANCIAL OFFICER OF THE DISTRICT OF COLUMBIA

  [Sec. 424. (a) Establishment of Office.--
          [(1) In general.--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) Office of the treasurer.--The Office shall 
        include the Office of the Treasurer, which shall be 
        headed by the Treasurer of the District of Columbia, 
        who shall be appointed by the Chief Financial Officer 
        and subject to the Chief Financial Officer's direction 
        and control.
          [(3) Transfer of other offices.--Effective with the 
        appointment of the first Chief Financial Officer under 
        subsection (b), the functions and personnel of the 
        following offices are transferred to the Office:
                  [(A) The Controller of the District of 
                Columbia.
                  [(B) The Office of the Budget.
                  [(C) The Office of Financial Information 
                Services.
                  [(D) The Department of Finance and Revenue.
          [(4) Service of heads of other offices.--
                  [(A) Office heads appointed by mayor.--With 
                respect to the head of the Office of the Budget 
                and the head of the Department of Finance and 
                Revenue--
                          [(i) the Mayor shall appoint such 
                        individuals with the advice and consent 
                        of the Council, subject to the approval 
                        of the Authority during a control year; 
                        and
                          [(ii) during a control year, the 
                        Authority may remove such individuals 
                        from office for cause, after 
                        consultation with the Mayor.
                  [(B) Office heads appointed by chief 
                financial officer.--With respect to the 
                Controller of the District of Columbia and the 
                head of the Office of Financial Information 
                Services--
                          [(i) the Chief Financial Officer 
                        shall appoint such individuals subject 
                        to the approval of the Mayor; and
                          [(ii) the Chief Financial Officer may 
                        remove such individuals from office for 
                        cause, after consultation with the 
                        Mayor.
  [(b) Appointment.--
          [(1) In general.--
                  [(A) Control year.--During a control year, 
                the Chief Financial Officer shall be appointed 
                by the Mayor as follows:
                          [(i) Prior to the appointment of the 
                        Chief Financial Officer, 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.
                  [(B) Other years.--During a year other than a 
                control year, the Chief Financial Officer shall 
                be appointed by the Mayor with the advice and 
                consent of the Council. Prior to appointment, 
                the Authority may submit recommendations for 
                the appointment. Upon confirmation by the 
                Council, the name of the Chief Financial 
                Officer shall be submitted to the Committees on 
                Appropriations of the Senate and House of 
                Representatives, the Committee on Governmental 
                Affairs of the Senate, and the Committee on 
                Government Reform of the House of 
                Representatives for a 30-day period of review 
                and comment before the appointment takes 
                effect.
          [(2) Removal.--
                  [(A) Control year.--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.
                  [(B) Other years.--During a year other than a 
                control year, the Chief Financial Officer shall 
                serve at the pleasure of the Mayor, except that 
                the Chief Financial Officer may only be removed 
                for cause upon dismissal by the Mayor and 
                approval of that dismissal by a \2/3\ vote of 
                the Council. Upon approval of the dismissal by 
                the Council, notice of the dismissal shall be 
                submitted to the Committees on Appropriations 
                of the Senate and House of Representatives, the 
                Committee on Governmental Affairs of the 
                Senate, and the Committee on Government Reform 
                of the House of Representatives for a 30-day 
                period of review and comment before the 
                dismissal takes effect.
          [(3) Salary.--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) Functions.--The Chief Financial Officer shall have the 
following duties:
          [(1) During a control year, preparing the financial 
        plan and 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.
          [(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 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.
          [(5) Preparing and submitting to the Mayor and the 
        Council, with the approval of the Authority during a 
        control year--
                  [(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, 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, and to ensure that 
        appropriations are not exceeded.
          [(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 (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 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 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 (except that the Chief Financial 
        Officer may delegate any portion of such responsibility 
        as the Chief Financial Officer considers appropriate 
        and consistent with efficiency).
          [(19) Administering all borrowing programs of the 
        District government for the issuance of long-term and 
        short-term indebtedness.
          [(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.
          [(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).
  [(d) 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. Such reports shall include:
                  [(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, but not 
                limited to--
                          [(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;
                          [(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 (c) as the Chief 
        Financial Officer may delegate.
  [(e) Definitions.--In this section--
          [(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.]

          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.
          (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.
  (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.

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.

          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 1985 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.

           *       *       *       *       *       *       *


            Part D--District Budget and Financial Management

Subpart 1--Budget and Financial Management

           *       *       *       *       *       *       *


                ENACTMENT OF APPROPRIATIONS BY CONGRESS

  Sec. 446. [The Council, within fifty calendar days after 
receipt of the budget proposal from the Mayor,] The Council, 
within 56 calendar days after receipt of the budget proposal 
from the Mayor, and after public hearing, shall by act adopt 
the annual budget for the District of Columbia government. Any 
supplements thereto shall also be adopted by act by the Council 
after public hearing. Such budget so adopted shall be submitted 
by the Mayor to the President for transmission by him to the 
Congress. Except as provided in section 445A(b), section 446A, 
section 446B, section 467(d), section 471(c), section 
472(d)(2), section 475(e)(2), section 483(d), and section 
490(f), (g), (h)(3), and (i)(3), no amount may be obligated or 
expended by any officer or employee of the District of Columbia 
government unless such amount has been approved by Act of 
Congress, and then only according to such Act. Notwithstanding 
any other provision of this Act, the Mayor shall not transmit 
any annual budget or amendments or supplements thereto, to the 
President of the United States until the completion of the 
budget procedures contained in this Act. After the adoption of 
the annual budget for a fiscal year (beginning with the annual 
budget for fiscal year 1995), no reprogramming of amounts in 
the budget may occur unless the Mayor submits to the Council a 
request for such reprogramming and the Council approves the 
request, but only if any additional expenditures provided under 
such request for an activity are offset by reductions in 
expenditures for another activity.

  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.

       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 year 2006 and each succeeding fiscal year.

           *       *       *       *       *       *       *


                     FINANCIAL DUTIES OF THE MAYOR

  Sec. 448. (a) Subject to the limitations in [section 603,] 
section 603 and except to the extent provided under section 
424(d), the Mayor shall have charge of the administration of 
the financial affairs of the District and to that end he 
shall--
          (1)  * * *

           *       *       *       *       *       *       *

          (4) submit to the Council, by February 1 of each 
        fiscal year, a complete financial statement and report 
        for the preceding fiscal year[;], 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;

           *       *       *       *       *       *       *

  (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.

                   ACCOUNTING SUPERVISION AND CONTROL

  Sec. 449. [The Mayor] Except to the extent provided under 
section 424(d), the Mayor shall--
          (a)  * * *

           *       *       *       *       *       *       *


                             RESERVE FUNDS

  Sec. 450A. (a) Emergency Reserve Fund.--
          (1)  * * *

           *       *       *       *       *       *       *

          (2) [In general] Operating expenditures defined.--For 
        the purpose of this subsection, operating expenditures 
        is defined as the amount reported in the District of 
        Columbia's Comprehensive Annual Financial Report for 
        the fiscal year immediately preceding the current 
        fiscal year as the actual operating expenditure from 
        local funds, less such amounts that are attributed to 
        debt service payments for which a separate reserve fund 
        is already established under this Act.

           *       *       *       *       *       *       *

          [(7) Replenishment.--The District of Columbia]
          (7) Replenishment.--
                  (A) In general.--The District of Columbia 
                shall appropriate sufficient funds each fiscal 
                year in the budget process to replenish any 
                amounts allocated from the emergency reserve 
                fund during the preceding fiscal years so that 
                not less than 50 percent of any amount 
                allocated in the preceding fiscal year or the 
                amount necessary to restore the emergency 
                reserve fund to the 2 percent required balance, 
                whichever is less, is replenished by the end of 
                the first fiscal year following each such 
                allocation and 100 percent of the amount 
                allocated or the amount necessary to restore 
                the emergency reserve fund to the 2 percent 
                required balance, whichever is less, is 
                replenished by the end of the second fiscal 
                year following each such allocation.
                  (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.
  (b) Contingency Reserve Fund.--
          (1)  * * *
          (2) [In general] Operating expenditures defined.--For 
        the purpose of this subsection, operating expenditures 
        is defined as the amount reported in the District of 
        Columbia's Comprehensive Annual Financial Report for 
        the fiscal year immediately preceding the current 
        fiscal year as the actual operating expenditure from 
        local funds, less such amounts that are attributed to 
        debt service payments for which a separate reserve fund 
        is already established under this Act.

           *       *       *       *       *       *       *

          [(6) Replenishment.--The District of Columbia]
          (6) Replenishment.--
                  (A) In general.--The District of Columbia 
                shall appropriate sufficient funds each fiscal 
                year in the budget process to replenish any 
                amounts allocated from the contingency reserve 
                fund during the preceding fiscal years so that 
                not less than 50 percent of any amount 
                allocated in the preceding fiscal year or the 
                amount necessary to restore the contingency 
                reserve fund to the 4 percent required balance, 
                whichever is less, is replenished by the end of 
                the first fiscal year following each such 
                allocation and 100 percent of the amount 
                allocated or the amount necessary to restore 
                the contingency reserve fund to the 4 percent 
                required balance, whichever is less, is 
                replenished by the end of the second fiscal 
                year following each such allocation.
                  (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.
  (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 year 2006 and each succeeding fiscal 
        year.
  [(c)] (d) Quarterly Reports.--The Chief Financial Officer 
shall submit a quarterly report to the Mayor, the Council, the 
District of Columbia Financial Responsibility and Management 
Assistance Authority (in the case of a fiscal year which is a 
control year, as defined in section 305(4) of the District of 
Columbia Financial Responsibility and Management Assistance Act 
of 1995), and the Committees on Appropriations of the Senate 
and House of Representatives that includes a monthly statement 
on the balance and activities of the contingency and emergency 
reserve funds.

           *       *       *       *       *       *       *

                              ----------                              


   SECTION 2214 OF THE DISTRICT OF COLUMBIA SCHOOL REFORM ACT OF 1995

SEC. 2214. PUBLIC CHARTER SCHOOL BOARD.

  (a) Establishment.--
          (1)  * * *
          (2) Membership.--[The Secretary of Education shall 
        present the Mayor a list of 15 individuals the 
        Secretary determines are qualified to serve on the 
        Board. The Mayor, in consultation with the District of 
        Columbia Council, shall appoint 7 individuals from the 
        list to serve on the Board. The Secretary of Education 
        shall recommend, and the Mayor shall appoint, members 
        to serve on the Board so that a knowledge of each of 
        the following areas is represented on the Board:] The 
        Board shall consist of 7 individuals appointed by the 
        Mayor in consultation with the District of Columbia 
        Council who are determined by the Mayor to be qualified 
        to serve on the Board, so that a knowledge of each of 
        the following areas is represented:
                  (A)  * * *

           *       *       *       *       *       *       *

          [(3) Vacancies.--
                  [(A) Other than from expiration of term.--
                Where a vacancy occurs in the membership of the 
                Board for reasons other than the expiration of 
                the term of a member of the Board, the 
                Secretary of Education, not later than 30 days 
                after the vacancy occurs, shall present to the 
                Mayor a list of 3 people the Secretary 
                determines are qualified to serve on the Board. 
                The Mayor, in consultation with the District of 
                Columbia Council, shall appoint 1 person from 
                the list to serve on the Board. The Secretary 
                shall recommend, and the Mayor shall appoint, 
                such member of the Board taking into 
                consideration the criteria described in 
                paragraph (2). Any member appointed to fill a 
                vacancy occurring prior to the expiration of 
                the term of a predecessor shall be appointed 
                only for the remainder of the term.
                  [(B) Expiration of term.--Not later than the 
                date that is 60 days before the expiration of 
                the term of a member of the Board, the 
                Secretary of Education shall present to the 
                Mayor, with respect to each such impending 
                vacancy, a list of 3 people the Secretary 
                determines are qualified to serve on the Board. 
                The Mayor, in consultation with the District of 
                Columbia Council, shall appoint 1 person from 
                each such list to serve on the Board. The 
                Secretary shall recommend, and the Mayor shall 
                appoint, any member of the Board taking into 
                consideration the criteria described in 
                paragraph (2).
          [(4) Time limit for appointments.--If, at any time, 
        the Mayor does not appoint members to the Board 
        sufficient to bring the Board's membership to 7 within 
        30 days after receiving a recommendation from the 
        Secretary of Education under paragraph (2) or (3), the 
        Secretary, not later than 10 days after the final date 
        for such mayoral appointment, shall make such 
        appointments as are necessary to bring the membership 
        of the Board to 7.]
          (3) Vacancies.--When a vacancy occurs in the 
        membership of the Board for reasons other than the 
        expiration of the term of a member, the Mayor, in 
        consultation with the District of Columbia Council, 
        shall appoint an individual to fill the vacancy taking 
        into consideration the criteria described in paragraph 
        (2). Any individual appointed to fill a vacancy 
        occurring prior to the expiration of the term of a 
        predecessor shall be appointed only for the remainder 
        of that term.
          [(5)] (4) Terms of members.--
                  (A)  * * *

           *       *       *       *       *       *       *

          [(6)] (5) Independence.--No person employed by the 
        District of Columbia public schools or a public charter 
        school shall be eligible to be a member of the Board or 
        to be employed by the Board.

           *       *       *       *       *       *       *

                              ----------                              


                   DISTRICT OF COLUMBIA OFFICIAL CODE



           *       *       *       *       *       *       *
TITLE 11--ORGANIZATION AND JURISDICTION OF THE COURTS

           *       *       *       *       *       *       *


CHAPTER 7--DISTRICT OF COLUMBIA COURT OF APPEALS

           *       *       *       *       *       *       *


Sec.

               SUBCHAPTER I--CONTINUATION AND ORGANIZATION

11-701.  Continuation of court; court of record; seal.
     * * * * * * *
11-710.  Emergency authority to conduct proceedings outside District of 
          Columbia.
     * * * * * * *

SUBCHAPTER I--CONTINUATION AND ORGANIZATION

           *       *       *       *       *       *       *


Sec. 11-710. Emergency authority to conduct proceedings outside 
                    District of Columbia.

  The court may hold special sessions at any place 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 
unavailable, the most senior available active judge of the 
court) or the Joint Committee on Judicial Administration of 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.

           *       *       *       *       *       *       *


CHAPTER 9--SUPERIOR COURT OF THE DISTRICT OF COLUMBIA

           *       *       *       *       *       *       *


Sec.

               SUBCHAPTER I--CONTINUATION AND ORGANIZATION

11-901.  Continuation of courts; court of record; seal.
     * * * * * * *
11-911.  Emergency authority to conduct proceedings outside District of 
          Columbia.

           *       *       *       *       *       *       *


SUBCHAPTER I--CONTINUATION AND ORGANIZATION

           *       *       *       *       *       *       *


Sec. 11-911. Emergency authority to conduct proceedings outside 
                    District of Columbia.

  The Superior Court may hold special sessions at any place 
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 unavailable, the most senior 
available active judge of the Superior Court) or the Joint 
Committee on Judicial Administration of 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 Superior 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, including business requiring the summoning of 
jurors from within the District of Columbia to the location 
outside the District of Columbia at which the special session 
is held.

           *       *       *       *       *       *       *


CHAPTER 17--ADMINISTRATION OF DISTRICT OF COLUMBIA COURTS

           *       *       *       *       *       *       *


Sec.

                   SUBCHAPTER I--COURT ADMINISTRATION

11-1701.  Administration of District of Columbia court system.
     * * * * * * *
[11-1704.  Oath and bond of the Executive Officer.]
11-1704.  Oath of Executive Officer.

                     SUBCHAPTER II--COURT PERSONNEL

11-1721.  Clerks of courts.
     * * * * * * *
[11-1728.  Recruitment and training of personnel.]
11-1728.  Recruitment and training of personnel and travel.
     * * * * * * *

                   SUBCHAPTER I--COURT ADMINISTRATION

Sec. 11-1701. Administration of District of Columbia court system.

  (a) * * *
  (b) The Joint Committee shall have responsibility within the 
District of Columbia court system for the following matters:
          (1) * * *

           *       *       *       *       *       *       *

          [(5) Approval of the bonds of fiduciary employees 
        within the District of Columbia court system.]

           *       *       *       *       *       *       *


[Sec. 11-1704. Oath and bond of the Executive Officer.

  [(a) The Executive Officer shall take an oath or affirmation 
for the faithful and impartial discharge of the duties of that 
office.
  [(b) The Executive Officer shall give bond, with two or more 
sureties, to be approved by the Joint Committee, in an amount 
prescribed by the Joint Committee, faithfully to discharge the 
duties of that office.]

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.

SUBCHAPTER II--COURT PERSONNEL

           *       *       *       *       *       *       *


Sec. 11-1723. Fiscal Officer.

  [(a)(1)] (a) There shall be a Fiscal Officer in the District 
of Columbia court system who shall be responsible for the 
budget of the court system and for the accounts of the courts, 
subject to the supervision of the Executive Officer.
          [(2)] (b) The Fiscal Officer shall receive, 
        safeguard, and account for all fees, costs, payments, 
        and deposits of money or other items, and shall be 
        responsible for depositing in the Treasury of the 
        United States all fines, forfeitures, fees, unclaimed 
        deposits, and other moneys.
          [(3)] (c) The Fiscal Officer shall be responsible for 
        the approval of vouchers and shall arrange for an 
        annual independent audit of the accounts of the courts.
  [(b) The Fiscal Officer shall give bond with two or more 
sureties, to be approved by the Joint Committee, in an amount 
prescribed by the Joint Committee, faithfully to discharge the 
duties of that office.]

Sec. 11-1724. Auditor-Master.

  There shall be an Auditor-Master of the Superior Court who 
shall (1) execute orders of reference referred by the Superior 
Court and perform duties in connection with the execution of 
such orders in accordance with Rule 53 of the Federal Rules of 
Civil Procedure or other applicable rule, and (2) perform such 
other functions as may be assigned by the Superior Court. [The 
Auditor-Master shall give bond faithfully to discharge the 
duties of that office. The bond shall have two or more sureties 
to be approved by the chief judge of the Superior Court, and 
shall be in an amount prescribed by the chief judge.]

           *       *       *       *       *       *       *


Sec. 11-1726. Compensation and benefits for court personnel.

  (a) In the case of nonjudicial employees of the District of 
Columbia courts whose compensation is not otherwise fixed by 
this title, the Executive Officer shall fix the rates of 
compensation of such employees without regard to chapter 51 and 
subchapter III of chapter 53 of title 5, United States Code. 
Any rates so established shall be subject to the limitation on 
[pay fixed by administrative action in section 5373] maximum 
pay in section 5382(a) of such title. In fixing the rates of 
compensation of nonjudicial employees under this section, the 
Executive Officer may be guided by the rates of compensation 
fixed for employees in the executive and judicial branches of 
the Federal Government or State or local governments occupying 
the same or similar positions or occupying positions of similar 
responsibility, duty, and difficulty.

           *       *       *       *       *       *       *


                     CHAPTER 21--REGISTER OF WILLS

Sec.
11-2101.  Continuation of office.
11-2102.  Appointment; oath; [bond;] qualifications; compensation.
     * * * * * * *
11-2104.  Powers and duties; restrictions[; penalties].
     * * * * * * *

Sec. 11-2102. Appointment; oath; [bond;] qualifications; compensation.

  (a) The Superior Court shall appoint and remove the Register 
of Wills. The Register of Wills shall--
          (1) take an oath for the faithful and impartial 
        discharge of the duties of the office; and
          (2) [give bond, with two or more sureties, to be 
        approved by the chief judge of the Superior Court, in 
        the amount designated by the court, faithfully to 
        discharge the duties of the office, and seasonably to 
        record] seasonably record (A) the decrees and orders of 
        the court in any matters over which the court exercises 
        probate jurisdiction or powers, (B) all wills proved 
        before the Register of Wills or the court, and (C) all 
        other matters directed to be recorded in the court or 
        in the office.
[The bond shall be entered in full upon the minutes of the 
Superior Court and the original filed with the records of the 
Superior Court.]

           *       *       *       *       *       *       *


Sec. 11-2104. Powers and duties; restrictions[; penalties].

  (a) * * *
  [(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) make fair record in strong bound books of all 
        wills proved before the Register of Wills or the court, 
        keeping separate books for wills within the 
        jurisdiction of the court;
          [(3) make fair and separate record of other matters 
        required by law to be recorded in the court;
          [(4) lodge in places of safety, designated by the 
        court, original papers filed with him [the Register of 
        Wills];
          [(5) make out and issue every summons, process, and 
        order of the court;
          [(6) make fair and uniform tables of the Register's 
        fees, and post them in a conspicuous place in the 
        Register's office for the inspection of persons having 
        business therein;
          [(7) prepare and submit to the Executive Officer of 
        the District of Columbia courts such reports as may be 
        required; and
          [(8) in every respect, act under the control and 
        direction of the court.]
  (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.

           *       *       *       *       *       *       *

  [(d) The Register of Wills shall forfeit to the court the sum 
of $50 for each day that the tables referred to in subsection 
(b)(6) are missing through the Register's neglect, which may be 
recovered as other debts for the same amount are recoverable.
  [(e) If the Register of Wills or a person acting for the 
Register of Wills takes a greater fee than the fee provided for 
by law, the Register of Wills shall pay the party injured $100, 
which may be recovered as other debts for the same amount are 
recoverable.]

           *       *       *       *       *       *       *


CHAPTER 26--REPRESENTATION OF INDIGENTS IN CRIMINAL CASES

           *       *       *       *       *       *       *


Sec. 11-2605. Services other than counsel.

  (a) * * *
  [(b) Subject to the applicable limits described in 
subsections (c) and (d), an individual providing services under 
this section shall be compensated at a fixed rate of $25 per 
hour, and shall be reimbursed for expenses reasonably 
incurred.]
  (c) Counsel appointed under this section may obtain, subject 
to later review, investigative, expert, or other services, 
excluding the preparation of reporter's transcript, without 
prior authorization if necessary for an adequate defense. The 
total cost of services obtained without prior authorization may 
not exceed $375 or the rate provided by section 3006A(e)(2) of 
title 18, United States Code, (or, in the case of investigative 
services, a fixed rate of $25 per hour) whichever is higher, 
and expenses reasonably incurred.
  (d) Compensation to be paid to a person for services rendered 
by such person to a person under this subsection shall not 
exceed $750, or the rate provided by section 3006A(e)(3) of 
title 18, United States Code, (or, in the case of investigative 
services, a fixed rate of $25 per hour) whichever is higher, 
exclusive of reimbursement for expenses reasonably incurred, 
unless payment in excess of that limit is certified by the 
court, as necessary to provide fair compensation for services 
of an unusual character or duration, and the amount of the 
excess payment is approved by the presiding judge in the case.

           *       *       *       *       *       *       *


         TITLE 16--PARTICULAR ACTIONS, PROCEEDINGS AND MATTERS



           *       *       *       *       *       *       *
CHAPTER 23--FAMILY DIVISION PROCEEDINGS

           *       *       *       *       *       *       *


 SUBCHAPTER I--PROCEEDINGS REGARDING DELINQUENCY, NEGLECT, OR NEED OF 
SUPERVISION

           *       *       *       *       *       *       *


Sec. 16-2326.01. Compensation of attorneys in neglect and termination 
                    of parental rights proceedings.

  (a) * * *

           *       *       *       *       *       *       *

  (g)(1) * * *

           *       *       *       *       *       *       *

  (4) In no event shall the total compensation recoverable for 
the services described in this section exceed $750 or the rate 
provided by D.C. Official Code, sec. [11-2605(c)] 11-2605(d).

           *       *       *       *       *       *       *


TITLE 20--PROBATE AND ADMINISTRATION OF DECEDENTS' ESTATES

           *       *       *       *       *       *       *


CHAPTER 3--OPENING THE ESTATE

           *       *       *       *       *       *       *


SUBCHAPTER V--FOREIGN PERSONAL REPRESENTATIVES

           *       *       *       *       *       *       *


Sec. 20-343. Publication and claims of creditors.

  (a) * * *

           *       *       *       *       *       *       *

  (d) Statement of claim.--Any creditor may, within 6 months 
from the date of the first publication of notice, file a 
written statement of claim, pursuant to section 20-905, with 
the Register and deliver or mail a copy of the statement to the 
personal representative. [The Register shall maintain a book 
known as the ``Claims Against Nonresident Decedents'' in which 
all such claims and releases thereof shall be recorded.] The 
Register shall record all such claims and releases. Unless a 
release of a validly recorded claim has been recorded or the 
claim has finally been determined in favor of the personal 
representative, such claim shall constitute a lien against all 
real property owned by the decedent in the District of Columbia 
at death for a period of 12 years from date of death: Except, 
that if the personal representative is empowered to sell the 
property such claim shall constitute a lien against the net 
proceeds from the sale.

           *       *       *       *       *       *       *

                              ----------                              


     SECTION 11233 OF THE NATIONAL CAPITAL REVITALIZATION AND SELF-
                   GOVERNMENT IMPROVEMENT ACT OF 1997

SEC. 11233. COURT SERVICES AND OFFENDER SUPERVISION AGENCY.

  (a)  * * *
  (b) Director.--
          (1)  * * *

           *       *       *       *       *       *       *

          (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.

           *       *       *       *       *       *       *

  (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).
                              ----------                              


    SECTION 329 OF THE DISTRICT OF COLUMBIA APPROPRIATIONS ACT, 2005

  [Sec. 329. Sections 11-1701(b)(5), 11-1704(b), 11-1723(b), 
11-2102(a)(2), and the second and third sentences of section 
11-1724, of the District of Columbia Official Code, are hereby 
repealed.]
  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.''.
          (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;''.
                              ----------                              


                          FEDERAL RESERVE ACT

  Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That the 
short title of this Act shall be the ``Federal Reserve Act.''
  Wherever the word ``bank'' is used in this Act, the word 
shall be held to include State bank, banking association, and 
trust company, except where national banks or Federal reserve 
banks are specifically referred to. For purposes of this Act, a 
State bank includes any bank which is operating under the Code 
of Law for the District of Columbia.

           *       *       *       *       *       *       *


                        state banks as members.

  Sec. 9. Any bank [incorporated by special law of any State, 
or] incorporated by special law of any State, operating under 
the Code of Law for the District of Columbia, or organized 
under the general laws of any State or of the United States, 
including Morris Plan banks and other incorporated banking 
institutions engaged in similar business, desiring to become a 
member of the Federal Reserve System, may make application to 
the Board of Governors of the Federal Reserve System, under 
such rules and regulations as it may prescribe, for the right 
to subscribe to the stock of the Federal reserve bank organized 
within the district in which the applying bank is located. Such 
application shall be for the same amount of stock that the 
applying bank would be required to subscribe to as a national 
bank. For the purposes of membership of any such bank the terms 
``capital'' and ``capital stock'' shall include the amount of 
outstanding capital notes and debentures legally issued by the 
applying bank and purchased by the Reconstruction Finance 
Corporation. The Board of Governors of the Federal Reserve 
System, subject to the provisions of this Act and to such 
conditions as it may prescribe pursuant thereto may permit the 
applying bank to become a stockholder of such Federal reserve 
bank.

           *       *       *       *       *       *       *

                              ----------                              


                SECTION 202 OF THE BANK CONSERVATION ACT

  Sec. 202. As used in this title, the term ``bank'' [means (1) 
any national] means any national banking association or any 
other financial institution chartered or licensed under Federal 
law and subject to the supervision of the Comptroller of the 
Currency[, and (2) any bank or trust company located in the 
District of Columbia and operating under the supervision of the 
Comptroller of the Currency]; the term ``voluntary dissolution 
and liquidation'' means a transaction pursuant to section 5220 
of the Revised Statutes that involves the assumption of the 
bank's insured deposit liabilities and the sale of the bank, or 
of control of the bank, as a going concern; and the term 
``State'' means any State, Territory, or possession of the 
United States, and the Canal Zone.
                              ----------                              


  TITLE VII OF THE DEPOSITORY INSTITUTIONS DEREGULATION AND MONETARY 
CONTROL ACT OF 1980

           *       *       *       *       *       *       *


    Part C--Disposition of Unclaimed Property Recovered From Closed 
                             National Banks

                                PURPOSE

  Sec. 731. The purpose of this part is to dispose of unclaimed 
property in the possession, custody, or control of the 
Comptroller of the Currency by-
          (1) providing final notice of the availability of 
        unclaimed property from closed national banks [and 
        closed banks in the District of Columbia];

           *       *       *       *       *       *       *


                              DEFINITIONS

  Sec. 732. For purposes of this part--
          (1)  * * *
          (2) the term ``unclaimed property'' means any 
        articles, items, assets, other property, or the 
        proceeds thereof from safe deposit boxes or other 
        safekeeping arrangements with closed national banks [or 
        closed banks in the District of Columbia], which are in 
        the possession, custody, or control of the Comptroller 
        in its capacity as successor to receivers of those 
        banks; and

           *       *       *       *       *       *       *

                              ----------                              


             SECTION 3 OF THE FEDERAL DEPOSIT INSURANCE ACT

  Sec. 3. As used in this Act--
  (a) Definitions of Bank and Related Terms.--
          (1)  * * *
          (2) State bank.--The term ``State bank'' means any 
        bank, banking association, trust company, savings bank, 
        industrial bank (or similar depository institution 
        which the Board of Directors finds to be operating 
        substantially in the same manner as an industrial 
        bank), or other banking institution which--
                  (A)  * * *
                  (B) is incorporated under the laws of any 
                State or which is operating under the Code of 
                Law for the District of Columbia [(except a 
                national bank)],

           *       *       *       *       *       *       *

                              ----------                              


      SECTION 7 OF THE NATIONAL BANK CONSOLIDATION AND MERGER ACT

  Sec. 7. As used in this Act, the term--
          (1) ``State bank'' means any bank, banking 
        association, trust company, savings bank (other than a 
        mutual savings bank), or other banking institution 
        which is engaged in the business of receiving deposits 
        and which is incorporated under the laws of any State, 
        or which is operating under the Code of Law for the 
        District of Columbia [(except a national banking 
        association located in the District of Columbia)];

           *       *       *       *       *       *       *

                              ----------                              


                SECTION 1 OF THE ACT OF AUGUST 17, 1950

 AN ACT To provide for the conversion of national banking associations 
into and their merger or consolidation with State banks, and for other 
                               purposes.

                              DEFINITIONS

  Section 1. (a) As used in sections 1-4 and 8 of this Act (12 
U.S.C., secs. 214-214c, 321) the term ``State bank'' means any 
bank, banking association, trust company, savings bank (other 
than a mutual savings bank), or other banking institution which 
is engaged in the business of receiving deposits and which is 
incorporated under the laws of any State, any Territory of the 
United States, Puerto Rico, or the Virgin Islands, or which is 
operating under the Code of Law for the District of Columbia 
[(except a national banking association)].

           *       *       *       *       *       *       *

                              ----------                              


             SECTION 18 OF THE FEDERAL TRADE COMMISSION ACT

  Sec. 18. (a)  * * *

           *       *       *       *       *       *       *

  (f)(1)  * * *
          (2) Enforcement.--Compliance with regulations 
        prescribed under this subsection shall be enforced 
        under section 8 of the Federal Deposit Insurance Act, 
        in the case of--
                  (A) national banks[, banks operating under 
                the code of law for the District of Columbia,] 
                and Federal branches and Federal agencies of 
                foreign banks, by the division of consumer 
                affairs established by the Office of the 
                Comptroller of the Currency;
                  (B) member banks of the Federal Reserve 
                System (other than national banks [and banks 
                operating under the code of law for the 
                District of Columbia]), branches and agencies 
                of foreign banks (other than Federal branches, 
                Federal agencies, and insured State branches of 
                foreign banks), commercial lending companies 
                owned or controlled by foreign banks, and 
                organizations operating under section 25 or 
                25(a) of the Federal Reserve Act, by the 
                division of consumer affairs established by the 
                Board of Governors of the Federal Reserve 
                System; and

           *       *       *       *       *       *       *

                              ----------                              


SECTION 862 OF THE DISTRICT OF COLUMBIA GOVERNMENT COMPREHENSIVE MERIT 
                         PERSONNEL ACT OF 1978

SEC. 862. APPLICABILITY.

  (1) * * *
  [(2) The provisions of this subchapter shall apply to 
attorneys employed by the Office of the Chief Financial Officer 
when the District of Columbia is no longer in a control period, 
as defined in 47-393(4).]

           *       *       *       *       *       *       *

                              ----------                              


GENERAL LEGISLATIVE PROCEDURES ACT OF 1975

           *       *       *       *       *       *       *


                        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.

           *       *       *       *       *       *       *

                              ----------                              


   SECTION 307 OF THE DISTRICT OF COLUMBIA COURT REFORM AND CRIMINAL 
                         PROCEDURE ACT OF 1970

SEC. 307. APPROPRIATION; PUBLIC GRANTS AND PRIVATE CONTRIBUTIONS.

  (a) * * *

           *       *       *       *       *       *       *

  (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.
                              ----------                              


            DISTRICT OF COLUMBIA MERIT PERSONNEL ACT OF 1978



           *       *       *       *       *       *       *
TITLE XVII--LABOR-MANAGEMENT RELATIONS

           *       *       *       *       *       *       *


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.

           *       *       *       *       *       *       *

                              ----------                              


              SECTION 5102 OF TITLE 5, UNITED STATES CODE

Sec. 5102. Definitions; application

  (a)  * * *

           *       *       *       *       *       *       *

  (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.
                              ----------                              


         DISTRICT OF COLUMBIA PROCUREMENT PRACTICES ACT OF 1985



           *       *       *       *       *       *       *
TITLE I--GENERAL PROVISIONS

           *       *       *       *       *       *       *


SEC. 104. APPLICATION OF CHAPTER.

  (a) Except as provided in 2-303.20, this chapter shall apply 
to all departments, agencies, instrumentalities, and employees 
of the District government, including agencies which are 
subordinate to the Mayor, independent agencies, boards, and 
commissions, but excluding the Council of the District of 
Columbia, District of Columbia courts, the District of Columbia 
Financial Responsibility and Management Assistance Authority, 
[and District of Columbia Advisory Neighborhood Commissions] 
District of Columbia Advisory Neighborhood Commissions, 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.

           *       *       *       *       *       *       *

  (c) The Council of the District of Columbia, the Corporation 
Counsel, Inspector General, Auditor, and Chief Financial 
Officer may contract for the services of accountants, lawyers, 
and other experts when they determine and state in writing that 
good reason exists why such services should be procured 
independently of the CPO. [During a control year, as defined by 
47-393(4), the Office of the Chief Financial Officer of the 
District of Columbia shall be exempt from the provisions of 
this chapter, and shall adopt, within 30 days of April 12, 
1997, the procurement rules and regulations adopted by the 
District of Columbia Financial Responsibility and Management 
Assistance Authority. During years other than control years, 
the Office of the Chief Financial Officer shall be bound by the 
provisions contained in this chapter.]

           *       *       *       *       *       *       *


TITLE II--PROCUREMENT ORGANIZATION

           *       *       *       *       *       *       *


SEC. 208. CREATION AND DUTIES OF OFFICE OF THE INSPECTOR GENERAL.

  (a)(1) * * *

           *       *       *       *       *       *       *

  (3) The Inspector General shall:
          (A) * * *

           *       *       *       *       *       *       *

          (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.

           *       *       *       *       *       *       *


TITLE III--SOURCE SELECTION AND CONTRACT FORMATION

           *       *       *       *       *       *       *


SEC. 305. SOLE SOURCE PROCUREMENT.

  (a) * * *
  (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.

           *       *       *       *       *       *       *

                              ----------                              


        SECTION 10 OF THE DISTRICT OF COLUMBIA TRAFFIC ACT, 1925

SEC. 10. FLEEING FROM SCENE OF ACCIDENT; DRIVING UNDER THE INFLUENCE OF 
                    LIQUOR OR DRUGS.

  (a) * * *
  (b)(1) * * *

           *       *       *       *       *       *       *

  [(3) All fines imposed pursuant to this subsection shall be 
used exclusively for the enforcement and prosecution of the 
District traffic alcohol laws.]
  (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.

           *       *       *       *       *       *       *


                                  
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