[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3508 Enrolled Bill (ENR)]
H.R.3508
One Hundred Ninth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the third day of January, two thousand and six
An Act
To authorize improvements in the operation of the government of the
District of Columbia, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``2005 District of
Columbia Omnibus Authorization Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--GOVERNANCE OF DISTRICT OF COLUMBIA
Subtitle A--General District of Columbia Governance
Sec. 101. Budget flexibility.
Sec. 102. Additional Authority to allocate amounts in Reserve Funds.
Sec. 103. Permitting General Services Administration to obtain space and
services on behalf of District of Columbia Public Defender
Service.
Sec. 104. Authority to enter into Interstate Insurance Product
Regulation Compact.
Sec. 105. Metered taxicabs in the District of Columbia.
Subtitle B--District of Columbia Courts
Sec. 111. Modernization of Office of Register of Wills.
Sec. 112. Increase in cap on rates of pay for nonjudicial employees.
Sec. 113. Clarification of rate for individuals providing services to
indigent defendants.
Sec. 114. Authority of Courts to conduct proceedings outside of District
of Columbia during emergencies.
Sec. 115. Authority of Court Services and Offender Supervision Agency to
use services of volunteers.
Sec. 116. Technical corrections relating to courts.
Sec. 117. Inclusion of court employees in enhanced dental and vision
benefit program.
Subtitle C--Other Miscellaneous Technical Corrections
Sec. 121. 2004 District of Columbia Omnibus Authorization Act.
Sec. 122. District of Columbia Appropriations Act, 2005.
Sec. 123. Technical and conforming amendments relating to banks
operating under the Code of Law for the District of Columbia.
Sec. 124. District of Columbia Schools fiscal year.
Sec. 125. Gifts to libraries.
TITLE II--INDEPENDENCE OF THE CHIEF FINANCIAL OFFICER
Sec. 201. Promoting independence of Chief Financial Officer.
Sec. 202. Personnel Authority.
Sec. 203. Procurement Authority.
Sec. 204. Fiscal impact statements.
TITLE III--AUTHORIZATION OF CERTAIN GENERAL APPROPRIATIONS PROVISIONS
Sec. 301. Acceptance of gifts by Court Services and Offender Supervision
Agency.
Sec. 302. Evaluation process for public school employees.
Sec. 303. Clarification of application of pay provisions of Merit
Personnel System to all District employees.
Sec. 304. Criteria for renewing or extending sole source contracts.
Sec. 305. Acceptance of grant amounts not included in annual budget.
Sec. 306. Standards for annual independent audit.
Sec. 307. Use of fines imposed for violation of traffic alcohol laws for
enforcement and prosecution of laws.
Sec. 308. Certifications for attorneys in cases brought under
Individuals With Disabilities Education Act.
TITLE I--GOVERNANCE OF DISTRICT OF COLUMBIA
Subtitle A--General District of Columbia Governance
SEC. 101. BUDGET FLEXIBILITY.
(a) Permitting Increase in Amount Appropriated as Local Funds
During a Fiscal Year.--Subpart 1 of part D of title IV of the District
of Columbia Home Rule Act (sec. 1-204.41 et seq., D.C. Official Code)
is amended by inserting after section 446 the following new section:
``PERMITTING INCREASE IN AMOUNT APPROPRIATED AS LOCAL FUNDS DURING A
FISCAL YEAR
``Sec. 446A. (a) In General.--Notwithstanding the fourth sentence
of section 446, to account for an unanticipated growth of revenue
collections, the amount appropriated as District of Columbia funds
under budget approved by Act of Congress as provided in such section
may be increased--
``(1) by an aggregate amount of not more than 25 percent, in
the case of amounts allocated under the budget as `Other-Type
Funds'; and
``(2) by an aggregate amount of not more than 6 percent, in the
case of any other amounts allocated under the budget.
``(b) Conditions.--The District of Columbia may obligate and expend
any increase in the amount of funds authorized under this section only
in accordance with the following conditions:
``(1) The Chief Financial Officer of the District of Columbia
shall certify--
``(A) the increase in revenue; and
``(B) that the use of the amounts is not anticipated to
have a negative impact on the long-term financial, fiscal, or
economic health of the District.
``(2) The amounts shall be obligated and expended in accordance
with laws enacted by the Council of the District of Columbia in
support of each such obligation and expenditure, consistent with
any other requirements under law.
``(3) The amounts may not be used to fund any agencies of the
District government operating under court-ordered receivership.
``(4) The amounts may not be obligated or expended unless the
Mayor has notified the Committees on Appropriations of the House of
Representatives and Senate, the Committee on Government Reform of
the House of Representatives, and the Committee on Homeland
Security and Governmental Affairs of the Senate not fewer than 30
days in advance of the obligation or expenditure.
``(c) Effective Date.--This section shall apply with respect to
fiscal years 2006 through 2007.''.
(b) Conforming Amendment.--The fourth sentence of section 446 of
such Act (sec. 1-204.46, D.C. Official Code) is amended by inserting
``section 446A,'' after ``section 445A(b),''.
(c) Clerical Amendment.--The table of contents of such Act is
amended by inserting after the item relating to section 446 the
following new item:
``Sec. 446A. Permitting increase in amount appropriated as local funds
during a fiscal year.''.
SEC. 102. ADDITIONAL AUTHORITY TO ALLOCATE AMOUNTS IN RESERVE FUNDS.
(a) In General.--Section 450A of the District of Columbia Home Rule
Act (sec. 1-204.50A, D.C. Official Code) is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new
subsection:
``(c) Additional Authority To Allocate Amounts.--
``(1) In general.--Notwithstanding any other provision of this
section, in addition to the authority provided under this section
to allocate and use amounts from the emergency reserve fund under
subsection (a) and the contingency reserve fund under subsection
(b), the District of Columbia may allocate amounts from such funds
during a fiscal year and use such amounts for cash flow management
purposes.
``(2) Limits on amount allocated.--
``(A) Amount of individual allocation.--The amount of an
allocation made from the emergency reserve fund or the
contingency reserve fund pursuant to the authority of this
subsection may not exceed 50 percent of the balance of the fund
involved at the time the allocation is made.
``(B) Aggregate amount allocated.--The aggregate amount
allocated from the emergency reserve fund or the contingency
reserve fund pursuant to the authority of this subsection
during a fiscal year may not exceed 50 percent of the balance
of the fund involved as of the first day of such fiscal year.
``(3) Replenishment.--If the District of Columbia allocates any
amounts from a reserve fund pursuant to the authority of this
subsection during a fiscal year, the District shall fully replenish
the fund for the amounts allocated not later than the earlier of--
``(A) the expiration of the 9-month period which begins on
the date the allocation is made; or
``(B) the last day of the fiscal year.
``(4) Effective date.--This subsection shall apply with respect
to fiscal years 2006 through 2007.''.
(b) Special Rule for Timing of Replenishment After Subsequent
Allocation.--
(1) Emergency reserve fund.--Section 450A(a)(7) of such Act
(sec. 1-204.50A(a)(7), D.C. Official Code) is amended--
(A) by striking ``(7) Replenishment.--'' and inserting the
following:
``(7) Replenishment.--
``(A) In general.--The District of Columbia''; and
(B) by adding at the end the following new subparagraph:
``(B) Special rule for replenishment after allocation for
cash flow management.--
``(i) In general.--If the District allocates amounts
from the emergency reserve fund during a fiscal year for
cash flow management purposes pursuant to the authority of
subsection (c) and at any time afterwards during the year
makes a subsequent allocation from the fund for purposes of
this subsection, and if as a result of the subsequent
allocation the balance of the fund is reduced to an amount
which is less than 50 percent of the balance of the fund as
of the first day of the fiscal year, the District shall
replenish the fund by such amount as may be required to
restore the balance to an amount which is equal to 50
percent of the balance of the fund as of the first day of
the fiscal year.
``(ii) Deadline.--The District shall carry out any
replenishment required under clause (i) as a result of a
subsequent allocation described in such clause not later
than the expiration of the 60-day period which begins on
the date of the subsequent allocation.''.
(2) Contingency reserve fund.--Section 450A(b)(6) of such Act
(sec. 1-204.50A(b)(6), D.C. Official Code) is amended--
(A) by striking ``(6) Replenishment.--'' and inserting the
following:
``(6) Replenishment.--
``(A) In general.--The District of Columbia''; and
(B) by adding at the end the following new subparagraph:
``(B) Special rule for replenishment after allocation for
cash flow management.--
``(i) In general.--If the District allocates amounts
from the contingency reserve fund during a fiscal year for
cash flow management purposes pursuant to the authority of
subsection (c) and at any time afterwards during the year
makes a subsequent allocation from the fund for purposes of
this subsection, and if as a result of the subsequent
allocation the balance of the fund is reduced to an amount
which is less than 50 percent of the balance of the fund as
of the first day of the fiscal year, the District shall
replenish the fund by such amount as may be required to
restore the balance to an amount which is equal to 50
percent of the balance of the fund as of the first day of
the fiscal year.
``(ii) Deadline.--The District shall carry out any
replenishment required under clause (i) as a result of a
subsequent allocation described in such clause not later
than the expiration of the 60-day period which begins on
the date of the subsequent allocation.''.
SEC. 103. PERMITTING GENERAL SERVICES ADMINISTRATION TO OBTAIN SPACE
AND SERVICES ON BEHALF OF DISTRICT OF COLUMBIA PUBLIC
DEFENDER SERVICE.
(a) Authority To Obtain Space and Services.--At the request of the
Director of the District of Columbia Public Defender Service, the
Administrator of General Services may furnish space and services on
behalf of the Service (either directly by providing space and services
in buildings owned or occupied by the Federal Government or indirectly
by entering into leases with non-Federal entities) in the same manner,
and under the same terms and conditions, as the Administrator may
furnish space and services on behalf of an agency of the Federal
Government.
(b) Effective Date.--This section shall apply with respect to
fiscal year 2006 and each succeeding fiscal year.
SEC. 104. AUTHORITY TO ENTER INTO INTERSTATE INSURANCE PRODUCT
REGULATION COMPACT.
(a) In General.--The District of Columbia is authorized to enter
into an interstate compact to establish a joint state commission as an
instrumentality of the District of Columbia for the purpose of
establishing uniform insurance product regulations among the
participating States.
(b) Delegation.--Any insurance product regulation compact that the
Council of the District of Columbia authorizes the Mayor to execute on
behalf of the District may contain provisions that delegate the
requisite power and authority to the joint State commission to achieve
the purposes for which the interstate compact is established.
SEC. 105. METERED TAXICABS IN THE DISTRICT OF COLUMBIA.
(a) In General.--Except as provided in subsection (b) and not later
than 1 year after the date of enactment of this Act, the District of
Columbia shall require all taxicabs licensed in the District of
Columbia to charge fares by a metered system.
(b) District of Columbia Opt Out.--The Mayor of the District of
Columbia may exempt the District of Columbia from the requirement under
subsection (a) by issuing an executive order that specifically states
that the District of Columbia opts out of the requirement to implement
a metered fare system for taxicabs.
Subtitle B--District of Columbia Courts
SEC. 111. MODERNIZATION OF OFFICE OF REGISTER OF WILLS.
(a) Revision of Duties.--Section 11-2104(b), District of Columbia
Official Code, is amended to read as follows:
``(b) In matters over which the Superior Court has probate
jurisdiction or powers, the Register of Wills shall--
``(1) make full and fair entries, in separate records, of the
proceedings of the court;
``(2) record in electronic or other format all wills proved
before the Register of Wills or the court and other matters
required by law to be recorded in the court;
``(3) lodge in places of safety designated by the court
original papers filed with the Register of Wills;
``(4) make out and issue every summons, process, and order of
the court;
``(5) prepare and submit to the Executive Officer of the
District of Columbia courts such reports as may be required; and
``(6) in every respect, act under the control and direction of
the court.''.
(b) Repeal of Penalties.--
(1) In general.--Section 11-2104, District of Columbia Code, is
amended--
(A) in the heading, by striking ``; penalties''; and
(B) by striking subsections (d) and (e).
(2) Clerical amendment.--The item relating to section 11-2104
in the table of sections for chapter 21 of title 11, District of
Columbia Official Code, is amended by striking ``; penalties''.
(c) Record of Claims Against Nonresident Decedents.--Section 20-
343(d), District of Columbia Official Code, is amended by striking the
second sentence and inserting the following: ``The Register shall
record all such claims and releases.''.
SEC. 112. INCREASE IN CAP ON RATES OF PAY FOR NONJUDICIAL EMPLOYEES.
(a) In General.--The second sentence of section 11-1726(a),
District of Columbia Official Code, is amended by striking ``pay fixed
by administrative action in section 5373'' and inserting ``maximum pay
in section 5382(a)''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to pay periods beginning on or after the date of the
enactment of this Act.
SEC. 113. CLARIFICATION OF RATE FOR INDIVIDUALS PROVIDING SERVICES TO
INDIGENT DEFENDANTS.
(a) In General.--Section 11-2605, District of Columbia Official
Code, is amended--
(1) by striking subsection (b);
(2) in subsection (c), by inserting after ``United States
Code,'' the following: ``(or, in the case of investigative
services, a fixed rate of $25 per hour)'';
(3) in subsection (d), by inserting after ``United States
Code,'' the following: ``(or, in the case of investigative
services, a fixed rate of $25 per hour)''; and
(4) by redesignating subsections (c) and (d) as subsections (b)
and (c).
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to services provided on or after the date of the
enactment of this Act.
SEC. 114. AUTHORITY OF COURTS TO CONDUCT PROCEEDINGS OUTSIDE OF
DISTRICT OF COLUMBIA DURING EMERGENCIES.
(a) District of Columbia Court of Appeals.--
(1) In general.--Subchapter I of chapter 7 of title 11,
District of Columbia Official Code, is amended by adding at the end
the following new section:
``Sec. 11-710. Emergency authority to conduct proceedings outside
District of Columbia
``(a) In General.--The court may hold special sessions at any place
within the United States outside the District of Columbia as the nature
of the business may require and upon such notice as the court orders,
upon a finding by either the chief judge of the court (or, if the chief
judge is absent or disabled, the judge designated under section 11-
706(a)) or the Joint Committee on Judicial Administration in the
District of Columbia that, because of emergency conditions, no location
within the District of Columbia is reasonably available where such
special sessions could be held. The court may transact any business at
a special session authorized pursuant to this section which it has the
authority to transact at a regular session.
``(b) Notice Requirements.--If the Court of Appeals issues an order
exercising its authority under subsection (a), the court--
``(1) through the Joint Committee on Judicial Administration in
the District of Columbia, shall send notice of such order,
including the reasons for the issuance of such order, to the
Committee on Homeland Security and Governmental Affairs of the
Senate and the Committee on Government Reform of the House of
Representatives; and
``(2) shall provide reasonable notice to the United States
Marshals Service before the commencement of any special session
held pursuant to such order.''.
(2) Clerical amendment.--The table of contents of chapter 7 of
title 11, District of Columbia Official Code, is amended by adding
at the end of the items relating to subchapter I the following:
``11-710. Emergency authority to conduct proceedings outside District of
Columbia.''.
(b) Superior Court of the District of Columbia.--
(1) In general.--Subchapter I of chapter 9 of title 11,
District of Columbia Official Code, is amended by adding at the end
the following new section:
``Sec. 11-911. Emergency authority to conduct proceedings outside
District of Columbia
``(a) In General.--The Superior Court may hold special sessions at
any place within the United States outside the District of Columbia as
the nature of the business may require and upon such notice as the
Superior Court orders, upon a finding by either the chief judge of the
Superior Court (or, if the chief judge is absent or disabled, the judge
designated under section 11-907(a)) or the Joint Committee on Judicial
Administration in the District of Columbia that, because of emergency
conditions, no location within the District of Columbia is reasonably
available where such special sessions could be held.
``(b) Business Transacted.--The Superior Court may transact any
business at a special session outside the District of Columbia
authorized pursuant to this section which it has the authority to
transact at a regular session, except that a criminal trial may not be
conducted at such a special session without the consent of the
defendant.
``(c) Summoning of Jurors.--Notwithstanding any other provision of
law, in any case in which special sessions are conducted pursuant to
this section, the Superior Court may summon jurors--
``(1) in civil proceedings, from any part of the District of
Columbia or, if jurors are not readily available from the District
of Columbia, the jurisdiction in which it is holding the special
session; and
``(2) in criminal trials, from any part of the District of
Columbia or, if jurors are not readily available from the District
of Columbia and if the defendant so consents, the jurisdiction in
which it is holding the special session.
``(d) Notice Requirements.--If the Superior Court issues an order
exercising its authority under subsection (a), the Court--
``(1) through the Joint Committee on Judicial Administration in
the District of Columbia, shall send notice of such order,
including the reasons for the issuance of such order, to the
Committee on Homeland Security and Governmental Affairs of the
Senate and the Committee on Government Reform of the House of
Representatives; and
``(2) shall provide reasonable notice to the United States
Marshals Service before the commencement of any special session
held pursuant to such order.''.
(2) Clerical amendment.--The table of contents of chapter 9 of
title 11, District of Columbia Official Code, is amended by adding
at the end of the items relating to subchapter I the following:
``11-911. Emergency authority to conduct proceedings outside District of
Columbia.''.
SEC. 115. AUTHORITY OF COURT SERVICES AND OFFENDER SUPERVISION AGENCY
TO USE SERVICES OF VOLUNTEERS.
Section 11233 of the National Capital Revitalization and Self-
Government Improvement Act of 1997 (sec. 24-133, D.C. Official Code) is
amended by adding at the end the following new subsection:
``(g) Authority To Use Services of Volunteers.--
``(1) In general.--The Agency (including any independent entity
within the Agency) may accept the services of volunteers and
provide for their incidental expenses to carry out any activity of
the Agency except policy-making.
``(2) Applicability of worker's compensation rules to
volunteers.--Any volunteer whose services are accepted pursuant to
this subsection shall be considered an employee of the United
States Government in providing the services for purposes of chapter
81 of title 5, United States Code (relating to compensation for
work injuries) and chapter 11 of title 18, United States Code,
relating to corruption and conflicts of interest.''.
SEC. 116. TECHNICAL CORRECTIONS RELATING TO COURTS.
(a) In General.--Section 329 of the District of Columbia
Appropriations Act, 2005 (Public Law 108-335; 118 Stat. 1345), is
amended to read as follows:
``Sec. 329. (a) Approval of Bonds by Joint Committee on Judicial
Administration.--Section 11-1701(b), District of Columbia Official
Code, is amended by striking paragraph (5).
``(b) Executive Officer.--
``(1) In general.--Section 11-1704, District of Columbia
Official Code, is amended to read as follows:
`OATH OF EXECUTIVE OFFICER
`Sec. 11-1704.
`The Executive Officer shall take an oath or affirmation for the
faithful and impartial discharge of the duties of that office.'.
``(2) Clerical amendment.--The table of sections for chapter 17
of title 11, District of Columbia Official Code, is amended by
amending the item relating to section 11-1704 to read as follows:
`11-1704. Oath of Executive Officer.'.
``(c) Fiscal Officer.--Section 11-1723, District of Columbia
Official Code, is amended--
``(1) by striking `(a)(1)'and inserting `(a)';
``(2) by striking subsection (b); and
``(3) by redesignating paragraphs (2) and (3) of subsection (a)
as subsections (b) and (c).
``(d) Auditor-Master.--Section 11-1724, District of Columbia
Official Code, is amended by striking the second and third sentences.
``(e) Register of Wills.--
``(1) In general.--Section 11-2102, District of Columbia
Official Code, is amended--
``(A) in the heading, by striking `bond;';
``(B) in subsection (a)(2), by striking `give bond,' and
all that follows through `seasonably to record' and inserting
`seasonably record'; and
``(C) by striking the third sentence of subsection (a).
``(2) Clerical amendment.--The item relating to section 11-2102
in the table of sections for chapter 21 of title 11, District of
Columbia Official Code, is amended by striking `bond;'.''.
(b) Clerical Amendment.--The table of sections for chapter 17 of
title 11, District of Columbia Official Code, is amended by amending
the item relating to section 11-1728 to read as follows:
``11-1728. Recruitment and training of personnel; travel.''.
(c) Effective Date.--The amendments made by this section shall take
effect as if included in the enactment of the District of Columbia
Appropriations Act, 2005.
SEC. 117. INCLUSION OF COURT EMPLOYEES IN ENHANCED DENTAL AND VISION
BENEFIT PROGRAM.
(a) United States Code.--Title 5 of the United States Code is
amended--
(1) in section 8951(1) by adding at the end the following:
``and an employee of the District of Columbia courts'';
(2) in section 8981(1) by adding at the end the following:
``and an employee of the District of Columbia courts''; and
(3) in section 9001(1) is amended--
(A) in subparagraph (C), by striking ``and'';
(B) in subparagraph (D), by striking the period and
inserting a semicolon and ``and''; and
(C) by adding at the end the following: ``(E) an employee
of the District of Columbia courts.''.
(b) D.C. Code.--Section 11-1726, District of Columbia Code, is
amended--
(1) in subsection (b)(1), by striking subparagraph (F) and
inserting the following:
``(F) Chapter 89A (relating to enhanced dental benefits).
``(G) Chapter 89B (relating to enhanced vision benefits).
``(H) Chapter 90 (relating to long-term care insurance).'';
and
(2) in subsection (c)(1), by striking subparagraph (D) and
inserting the following:
``(D) Chapter 89A (relating to enhanced dental benefits).
``(E) Chapter 89B (relating to enhanced vision benefits).
``(F) Chapter 90 (relating to long-term care insurance).''.
Subtitle C--Other Miscellaneous Technical Corrections
SEC. 121. 2004 DISTRICT OF COLUMBIA OMNIBUS AUTHORIZATION ACT.
(a) In General.--The first sentence of section 446(a) of the
District of Columbia Home Rule Act (sec. 1-204.46(a), D.C. Official
Code) is amended by striking ``The Council,'' and all that follows
through ``from the Mayor,'' and inserting ``The Council, within 56
calendar days after receipt of the budget proposal from the Mayor,''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect as if included in the enactment of the 2004 District of
Columbia Omnibus Authorization Act.
SEC. 122. DISTRICT OF COLUMBIA APPROPRIATIONS ACT, 2005.
(a) In General.--Section 450A of the District of Columbia Home Rule
Act (sec. 1-204.50A, D.C. Official Code), as amended by section 332 of
the District of Columbia Appropriations Act, 2005 (Public Law 108-335;
118 Stat. 1346), is amended--
(1) in the heading of subsection (a)(2), by striking ``In
general'' and inserting ``Operating expenditures defined''; and
(2) in the heading of subsection (b)(2), by striking ``In
general'' and inserting ``Operating expenditures defined''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect as if included in the enactment of the District of Columbia
Appropriations Act, 2005.
SEC. 123. TECHNICAL AND CONFORMING AMENDMENTS RELATING TO BANKS
OPERATING UNDER THE CODE OF LAW FOR THE DISTRICT OF
COLUMBIA.
(a) Federal Reserve Act.--
(1) The second undesignated paragraph of the first section of
the Federal Reserve Act (12 U.S.C. 221) is amended by adding at the
end the following: ``For purposes of this Act, a State bank
includes any bank which is operating under the Code of Law for the
District of Columbia.''.
(2) The first sentence of the first undesignated paragraph of
section 9 of the Federal Reserve Act (12 U.S.C. 321) is amended by
striking ``incorporated by special law of any State, or'' and
inserting ``incorporated by special law of any State, operating
under the Code of Law for the District of Columbia, or''.
(b) Bank Conservation Act.--Section 202 of the Bank Conservation
Act (12 U.S.C. 202) is amended--
(1) by striking ``means (1) any national'' and inserting
``means any national''; and
(2) by striking ``, and (2) any bank or trust company located
in the District of Columbia and operating under the supervision of
the Comptroller of the Currency''.
(c) Depository Institution Deregulation and Monetary Control Act of
1980.--Part C of title VII of the Depository Institution Deregulation
and Monetary Control Act of 1980 is amended--
(1) in paragraph (1) of section 731 (12 U.S.C. 216(1)) by
striking ``and closed banks in the District of Columbia''; and
(2) in paragraph (2) of section 732 (12 U.S.C. 216a(2)) by
striking ``or closed banks in the District of Columbia''.
(d) Federal Deposit Insurance Act.--Section 3(a)(2)(B) of the
Federal Deposit Insurance Act (12 U.S.C. 1813(a)(2)(B)) is amended by
striking ``(except a national bank)''.
(e) National Bank Consolidation and Merger Act.--Section 7(1) of
the National Bank Consolidation and Merger Act (12 U.S.C. 215b(1)) is
amended by striking ``(except a national banking association located in
the District of Columbia)''.
(f) An Act of August 17, 1950.--Section 1(a) of the Act entitled
``An Act to provide for the conversion of national banking associations
into and their merger or consolidation with State banks, and for other
purposes'' and approved August 17, 1950 (12 U.S.C. 214(a)) is amended
by striking ``(except a national banking association)''.
(g) Federal Trade Commission Act.--Section 18(f)(2) of the Federal
Trade Commission Act (15 U.S.C. 57a(f)(2)) is amended--
(1) in subparagraph (A), by striking ``, banks operating under
the code of law for the District of Columbia,''; and
(2) in subparagraph (B), by striking ``and banks operating
under the code of law for the District of Columbia''.
SEC. 124. DISTRICT OF COLUMBIA SCHOOLS FISCAL YEAR.
Section 441(b)(2) of the District of Columbia Home Rule Act
(section 1-204.41, D.C. Official Code) is amended by striking ``shall
begin'' and inserting ``may begin''.
SEC. 125. GIFTS TO LIBRARIES.
Section 115(c) of title III of division C of Public Law 108-7 in
amended by inserting ``and the District of Columbia Public Libraries''
before the period.
TITLE II--INDEPENDENCE OF THE CHIEF FINANCIAL OFFICER
SEC. 201. PROMOTING INDEPENDENCE OF CHIEF FINANCIAL OFFICER.
(a) In General.--Section 424 of the District of Columbia Home Rule
Act (sec. 1-204.24a et seq., D.C. Official Code) is amended to read as
follows:
``CHIEF FINANCIAL OFFICER OF THE DISTRICT OF COLUMBIA
``Sec. 424. (a) In General.--
``(1) Establishment.--There is hereby established within the
executive branch of the government of the District of Columbia an
Office of the Chief Financial Officer of the District of Columbia
(hereafter referred to as the `Office'), which shall be headed by
the Chief Financial Officer of the District of Columbia (hereafter
referred to as the `Chief Financial Officer').
``(2) Organizational analysis.--
``(A) Office of budget and planning.--The name of the
Office of Budget and Management, established by Commissioner's
Order 69-96, issued March 7, 1969, is changed to the Office of
Budget and Planning.
``(B) Office of tax and revenue.--The name of the
Department of Finance and Revenue, established by
Commissioner's Order 69-96, issued March 7, 1969, is changed to
the Office of Tax and Revenue.
``(C) Office of finance and treasury.--The name of the
Office of Treasurer, established by Mayor's Order 89-244, dated
October 23, 1989, is changed to the Office of Finance and
Treasury.
``(D) Office of financial operations and systems.--The
Office of the Controller, established by Mayor's Order 89-243,
dated October 23, 1989, and the Office of Financial Information
Services, established by Mayor's Order 89-244, dated October
23, 1989, are consolidated into the Office of Financial
Operations and Systems.
``(3) Transfers.--Effective with the appointment of the first
Chief Financial Officer under subsection (b), the functions and
personnel of the following offices are established as subordinate
offices within the Office:
``(A) The Office of Budget and Planning, headed by the
Deputy Chief Financial Officer for the Office of Budget and
Planning.
``(B) The Office of Tax and Revenue, headed by the Deputy
Chief Financial Officer for the Office of Tax and Revenue.
``(C) The Office of Research and Analysis, headed by the
Deputy Chief Financial Officer for the Office of Research and
Analysis.
``(D) The Office of Financial Operations and Systems,
headed by the Deputy Chief Financial Officer for the Office of
Financial Operations and Systems.
``(E) The Office of Finance and Treasury, headed by the
District of Columbia Treasurer.
``(F) The Lottery and Charitable Games Control Board,
established by the Law to Legalize Lotteries, Daily Numbers
Games, and Bingo and Raffles for Charitable Purposes in the
District of Columbia, effective March 10, 1981 (D.C. Law 3-172;
D.C. Official Code Sec. 3-1301 et seq.).
``(4) Supervisor.--The heads of the offices listed in paragraph
(3) of this section shall serve at the pleasure of the Chief
Financial Officer.
``(5) Appointment and removal of office employees.--The Chief
Financial Officer shall appoint the heads of the subordinate
offices designated in paragraph (3), after consultation with the
Mayor and the Council. The Chief Financial Officer may remove the
heads of the offices designated in paragraph (3), after
consultation with the Mayor and the Council.
``(6) Annual budget submission.--The Chief Financial Officer
shall prepare and annually submit to the Mayor of the District of
Columbia, for inclusion in the annual budget of the District of
Columbia government for a fiscal year, annual estimates of the
expenditures and appropriations necessary for the year for the
operation of the Office and all other District of Columbia
accounting, budget, and financial management personnel (including
personnel of executive branch independent agencies) that report to
the Office pursuant to this Act.
``(b) Appointment of the Chief Financial Officer.--
``(1) Appointment.--
``(A) In general.--The Chief Financial Officer shall be
appointed by the Mayor with the advice and consent, by
resolution, of the Council. Upon confirmation by the Council,
the name of the Chief Financial Officer shall be submitted to
the Committees on Appropriations of the House of
Representatives and Senate, the Committee on Government Reform
of the House of Representatives, and the Committee on Homeland
Security and Governmental Affairs of the Senate for a 30-day
period of review and comment before the appointment takes
effect.
``(B) Special rule for control years.--During a control
year, the Chief Financial Officer shall be appointed by the
Mayor as follows:
``(i) Prior to the appointment, the Authority may
submit recommendations for the appointment to the Mayor.
``(ii) In consultation with the Authority and the
Council, the Mayor shall nominate an individual for
appointment and notify the Council of the nomination.
``(iii) After the expiration of the 7-day period which
begins on the date the Mayor notifies the Council of the
nomination under clause (ii), the Mayor shall notify the
Authority of the nomination.
``(iv) The nomination shall be effective subject to
approval by a majority vote of the Authority.
``(2) Term.--
``(A) In general.--All appointments made after June 30,
2007, shall be for a term of 5 years, except for appointments
made for the remainder of unexpired terms. The appointments
shall have an anniversary date of July 1.
``(B) Transition.--For purposes of this section, the
individual serving as Chief Financial Officer as of the date of
enactment of the 2005 District of Columbia Omnibus
Authorization Act shall be deemed to have been appointed under
this subsection, except that such individual's initial term of
office shall begin upon such date and shall end on June 30,
2007.
``(C) Continuance.--Any Chief Financial Officer may
continue to serve beyond his term until a successor takes
office.
``(D) Vacancies.--Any vacancy in the Office of Chief
Financial Officer shall be filled in the same manner as the
original appointment under paragraph (1).
``(E) Pay.--The Chief Financial Officer shall be paid at an
annual rate equal to the rate of basic pay payable for level I
of the Executive Schedule.
``(c) Removal of the Chief Financial Officer.--
``(1) In general.--The Chief Financial Officer may only be
removed for cause by the Mayor, subject to the approval of the
Council by a resolution approved by not fewer than \2/3\ of the
members of the Council. After approval of the resolution by the
Council, notice of the removal shall be submitted to the Committees
on Appropriations of the House of Representatives and Senate, the
Committee on Government Reform of the House of Representatives, and
the Committee on Homeland Security and Governmental Affairs of the
Senate for a 30-day period of review and comment before the removal
takes effect.
``(2) Special rule for control years.--During a control year,
the Chief Financial Officer may be removed for cause by the
Authority or by the Mayor with the approval of the Authority.
``(d) Duties of the Chief Financial Officer.--Notwithstanding any
provisions of this Act which grant authority to other entities of the
District government, the Chief Financial Officer shall have the
following duties and shall take such steps as are necessary to perform
these duties:
``(1) During a control year, preparing the financial plan and
the budget for the use of the Mayor for purposes of subtitle A of
title II of the District of Columbia Financial Responsibility and
Management Assistance Act of 1995.
``(2) Preparing the budgets of the District of Columbia for the
year for the use of the Mayor for purposes of part D and preparing
the 5-year financial plan based upon the adopted budget for
submission with the District of Columbia budget by the Mayor to
Congress.
``(3) During a control year, assuring that all financial
information presented by the Mayor is presented in a manner, and is
otherwise consistent with, the requirements of the District of
Columbia Financial Responsibility and Management Assistance Act of
1995.
``(4) Implementing appropriate procedures and instituting such
programs, systems, and personnel policies within the Chief
Financial Officer's authority, to ensure that budget, accounting,
and personnel control systems and structures are synchronized for
budgeting and control purposes on a continuing basis and to ensure
that appropriations are not exceeded.
``(5) Preparing and submitting to the Mayor and the Council,
with the approval of the Authority during a control year, and
making public--
``(A) annual estimates of all revenues of the District of
Columbia (without regard to the source of such revenues),
including proposed revenues, which shall be binding on the
Mayor and the Council for purposes of preparing and submitting
the budget of the District government for the year under part D
of this title, except that the Mayor and the Council may
prepare the budget based on estimates of revenues which are
lower than those prepared by the Chief Financial Officer; and
``(B) quarterly re-estimates of the revenues of the
District of Columbia during the year.
``(6) Supervising and assuming responsibility for financial
transactions to ensure adequate control of revenues and resources.
``(7) Maintaining systems of accounting and internal control
designed to provide--
``(A) full disclosure of the financial impact of the
activities of the District government;
``(B) adequate financial information needed by the District
government for management purposes;
``(C) effective control over, and accountability for, all
funds, property, and other assets of the District of Columbia;
and
``(D) reliable accounting results to serve as the basis for
preparing and supporting agency budget requests and controlling
the execution of the budget.
``(8) Submitting to the Council a financial statement of the
District government, containing such details and at such times as
the Council may specify.
``(9) Supervising and assuming responsibility for the
assessment of all property subject to assessment and special
assessments within the corporate limits of the District of Columbia
for taxation, preparing tax maps, and providing such notice of
taxes and special assessments (as may be required by law).
``(10) Supervising and assuming responsibility for the levying
and collection of all taxes, special assessments, licensing fees,
and other revenues of the District of Columbia (as may be required
by law), and receiving all amounts paid to the District of Columbia
from any source (including the Authority).
``(11) Maintaining custody of all public funds belonging to or
under the control of the District government (or any department or
agency of the District government), and depositing all amounts paid
in such depositories and under such terms and conditions as may be
designated by the Council (or by the Authority during a control
year).
``(12) Maintaining custody of all investment and invested funds
of the District government or in possession of the District
government in a fiduciary capacity, and maintaining the safekeeping
of all bonds and notes of the District government and the receipt
and delivery of District government bonds and notes for transfer,
registration, or exchange.
``(13) Apportioning the total of all appropriations and funds
made available during the year for obligation so as to prevent
obligation or expenditure in a manner which would result in a
deficiency or a need for supplemental appropriations during the
year, and (with respect to appropriations and funds available for
an indefinite period and all authorizations to create obligations
by contract in advance of appropriations) apportioning the total of
such appropriations, funds, or authorizations in the most effective
and economical manner.
``(14) Certifying all contracts and leases (whether directly or
through delegation) prior to execution as to the availability of
funds to meet the obligations expected to be incurred by the
District government under such contracts and leases during the
year.
``(15) Prescribing the forms of receipts, vouchers, bills, and
claims to be used by all agencies, offices, and instrumentalities
of the District government.
``(16) Certifying and approving prior to payment of all bills,
invoices, payrolls, and other evidences of claims, demands, or
charges against the District government, and determining the
regularity, legality, and correctness of such bills, invoices,
payrolls, claims, demands, or charges.
``(17) In coordination with the Inspector General of the
District of Columbia, performing internal audits of accounts and
operations and records of the District government, including the
examination of any accounts or records of financial transactions,
giving due consideration to the effectiveness of accounting
systems, internal control, and related administrative practices of
the departments and agencies of the District government.
``(18) Exercising responsibility for the administration and
supervision of the District of Columbia Treasurer.
``(19) Supervising and administering all borrowing programs for
the issuance of long-term and short-term indebtedness, as well as
other financing-related programs of the District government.
``(20) Administering the cash management program of the
District government, including the investment of surplus funds in
governmental and non-governmental interest-bearing securities and
accounts.
``(21) Administering the centralized District government
payroll and retirement systems (other than the retirement system
for police officers, fire fighters, and teachers).
``(22) Governing the accounting policies and systems applicable
to the District government.
``(23) Preparing appropriate annual, quarterly, and monthly
financial reports of the accounting and financial operations of the
District government.
``(24) Not later than 120 days after the end of each fiscal
year, preparing the complete financial statement and report on the
activities of the District government for such fiscal year, for the
use of the Mayor under section 448(a)(4).
``(25) Preparing fiscal impact statements on regulations,
multiyear contracts, contracts over $1,000,000 and on legislation,
as required by section 4a of the General Legislative Procedures Act
of 1975.
``(26) Preparing under the direction of the Mayor, who has the
specific responsibility for formulating budget policy using Chief
Financial Officer technical and human resources, the budget for
submission by the Mayor to the Council and to the public and upon
final adoption to Congress and to the public.
``(27) Certifying all collective bargaining agreements and
nonunion pay proposals prior to submission to the Council for
approval as to the availability of funds to meet the obligations
expected to be incurred by the District government under such
collective bargaining agreements and nonunion pay proposals during
the year.
``(e) Functions of Treasurer.--At all times, the Treasurer shall
have the following duties:
``(1) Assisting the Chief Financial Officer in reporting
revenues received by the District government, including submitting
annual and quarterly reports concerning the cash position of the
District government not later than 60 days after the last day of
the quarter (or year) involved. Each such report shall include the
following:
``(A) Comparative reports of revenue and other receipts by
source, including tax, nontax, and Federal revenues, grants and
reimbursements, capital program loans, and advances. Each
source shall be broken down into specific components.
``(B) Statements of the cash flow of the District
government for the preceding quarter or year, including
receipts, disbursements, net changes in cash inclusive of the
beginning balance, cash and investment, and the ending balance,
inclusive of cash and investment. Such statements shall reflect
the actual, planned, better or worse dollar amounts and the
percentage change with respect to the current quarter, year-to-
date, and fiscal year.
``(C) Quarterly cash flow forecast for the quarter or year
involved, reflecting receipts, disbursements, net change in
cash inclusive of the beginning balance, cash and investment,
and the ending balance, inclusive of cash and investment with
respect to the actual dollar amounts for the quarter or year,
and projected dollar amounts for each of the 3 succeeding
quarters.
``(D) Monthly reports reflecting a detailed summary
analysis of all District of Columbia government investments,
including--
``(i) the total of long-term and short-term
investments;
``(ii) a detailed summary analysis of investments by
type and amount, including purchases, sales (maturities),
and interest;
``(iii) an analysis of investment portfolio mix by type
and amount, including liquidity, quality/risk of each
security, and similar information;
``(iv) an analysis of investment strategy, including
near-term strategic plans and projects of investment
activity, as well as forecasts of future investment
strategies based on anticipated market conditions, and
similar information; and
``(v) an analysis of cash utilization, including--
``(I) comparisons of budgeted percentages of total
cash to be invested with actual percentages of cash
invested and the dollar amounts;
``(II) comparisons of the next return on invested
cash expressed in percentages (yield) with comparable
market indicators and established District of Columbia
government yield objectives; and
``(III) comparisons of estimated dollar return
against actual dollar yield.
``(E) Monthly reports reflecting a detailed summary
analysis of long-term and short-term borrowings inclusive of
debt as authorized by section 603, in the current fiscal year
and the amount of debt for each succeeding fiscal year not to
exceed 5 years. All such reports shall reflect--
``(i) the amount of debt outstanding by type of
instrument;
``(ii) the amount of authorized and unissued debt,
including availability of short-term lines of credit,
United States Treasury borrowings, and similar information;
``(iii) a maturity schedule of the debt;
``(iv) the rate of interest payable upon the debt; and
``(v) the amount of debt service requirements and
related debt service reserves.
``(2) Such other functions assigned to the Chief Financial
Officer under subsection (d) as the Chief Financial Officer may
delegate.
``(f) Definitions.--For purposes of this section (and sections 424a
and 424b)--
``(1) the term `Authority' means the District of Columbia
Financial Responsibility and Management Assistance Authority
established under section 101(a) of the District of Columbia
Financial Responsibility and Management Assistance Act of 1995;
``(2) the term `control year' has the meaning given such term
under section 305(4) of such Act; and
``(3) the term `District government' has the meaning given such
term under section 305(5) of such Act.''.
(b) Clarification of Duties of Chief Financial Officer and Mayor.--
(1) Relation to financial duties of mayor.--Section 448(a) of
such Act (section 1-204.48(a), D.C. Official Code) is amended by
striking ``section 603,'' and inserting ``section 603 and except to
the extent provided under section 424(d),''.
(2) Relation to mayor's duties regarding accounting supervision
and control.--Section 449 of such Act (section 1-204.49, D.C.
Official Code) is amended by striking ``The Mayor'' and inserting
``Except to the extent provided under section 424(d), the Mayor''.
SEC. 202. PERSONNEL AUTHORITY.
(a) Providing Independent Personnel Authority.--
(1) In general.--Part B of title IV of the District of Columbia
Home Rule Act is amended by adding at the end the following new
section:
``AUTHORITY OF CHIEF FINANCIAL OFFICER OVER PERSONNEL OF OFFICE AND
OTHER FINANCIAL PERSONNEL
``Sec. 424. (a) In General.--Notwithstanding any provision of law
or regulation (including any law or regulation providing for collective
bargaining or the enforcement of any collective bargaining agreement),
employees of the Office of the Chief Financial Officer of the District
of Columbia, including personnel described in subsection (b), shall be
appointed by, shall serve at the pleasure of, and shall act under the
direction and control of the Chief Financial Officer of the District of
Columbia, and shall be considered at-will employees not covered by the
District of Columbia Merit Personnel Act of 1978, except that nothing
in this section may be construed to prohibit the Chief Financial
Officer from entering into a collective bargaining agreement governing
such employees and personnel or to prohibit the enforcement of such an
agreement as entered into by the Chief Financial Officer.
``(b) Personnel.--The personnel described in this subsection are as
follows:
``(1) The General Counsel to the Chief Financial Officer and
all other attorneys in the Office of the General Counsel within the
Office of the Chief Financial Officer of the District of Columbia,
together with all other personnel of the Office.
``(2) All other individuals hired or retained as attorneys by
the Chief Financial Officer or any office under the personnel
authority of the Chief Financial Officer, each of whom shall act
under the direction and control of the General Counsel to the Chief
Financial Officer.
``(3) The heads and all personnel of the subordinate offices of
the Office (as described in section 424(a)(2) and established as
subordinate offices in section 424(a)(3)) and the Chief Financial
Officers, Agency Fiscal Officers, and Associate Chief Financial
Officers of all District of Columbia executive branch subordinate
and independent agencies (in accordance with subsection (c)),
together with all other District of Columbia accounting, budget,
and financial management personnel (including personnel of
executive branch independent agencies, but not including personnel
of the legislative or judicial branches of the District
government).
``(c) Appointment of Certain Executive Branch Agency Chief
Financial Officers.--
``(1) In general.--The Chief Financial Officers and Associate
Chief Financial Officers of all District of Columbia executive
branch subordinate and independent agencies (other than those of a
subordinate office of the Office) shall be appointed by the Chief
Financial Officer, in consultation with the agency head, where
applicable. The appointment shall be made from a list of qualified
candidates developed by the Chief Financial Officer.
``(2) Transition.--Any executive branch agency Chief Financial
Officer appointed prior to the date of enactment of the 2005
District of Columbia Omnibus Authorization Act may continue to
serve in that capacity without reappointment.
``(d) Independent Authority Over Legal Personnel.--Title VIII-B of
the District of Columbia Government Comprehensive Merit Personnel Act
of 1978 (sec. 1-608.51 et seq., D.C. Official Code) shall not apply to
the Office of the Chief Financial Officer or to attorneys employed by
the Office.''
(2) Clerical amendment.--The table of contents of part B of
title IV of the District of Columbia Home Rule Act is amended by
adding at the end the following new item:
``Sec. 424a. Authority of Chief Financial Officer over personnel of
Office and other financial personnel.''.
(b) Conforming Amendment.--Section 862 of the District of Columbia
Government Comprehensive Merit Personnel Act of 1978 (D.C. Law 2-260;
D.C. Official Code Sec. 1-608.62) is amended by striking paragraph (2).
SEC. 203. PROCUREMENT AUTHORITY.
(a) Providing Independent Authority To Procure Goods and
Services.--
(1) In general.--Part B of title IV of the District of Columbia
Home Rule Act, as amended by section 203(a)(1), is further amended
by adding at the end the following new section:
``PROCUREMENT AUTHORITY OF THE CHIEF FINANCIAL OFFICER
``Sec. 424b. The Chief Financial Officer shall carry out
procurement of goods and services for the Office of the Chief Financial
Officer through a procurement office or division which shall operate
independently of, and shall not be governed by, the Office of
Contracting and Procurement established under the District of Columbia
Procurement Practices Act of 1986 or any successor office, except the
provisions applicable under such Act to procurement carried out by the
Chief Procurement Officer established by section 105 of such Act or any
successor office shall apply with respect to the procurement carried
out by the Chief Financial Officer's procurement office or division.''.
(2) Clerical amendment.--The table of contents of part B of
title IV of the District of Columbia Home Rule Act, as amended by
section 203(a)(2), is further amended by adding at the end
following new item:
``Sec. 424b. Procurement authority of the Chief Financial Officer.''.
(b) Conforming Amendments.--
(1) Procurement practices act.--Section 104 of the District of
Columbia Procurement Practices Act of 1985 (sec. 2-301.04, D.C.
Official Code) is amended--
(A) in subsection (a), by striking ``, and the District of
Columbia Financial Responsibility and Management Assistance
Authority'' and inserting the following: ``the District of
Columbia Financial Responsibility and Management Assistance
Authority, and (to the extent described in section 424b of the
District of Columbia Home Rule Act) the Office of the Chief
Financial Officer of the District of Columbia''; and
(B) in subsection (c), by striking the second and third
sentences.
(2) Other conforming amendment.--Section 132 of the District of
Columbia Appropriations Act, 2006 (Public Law 109-115) is hereby
repealed.
(c) Effective Date.--This section and the amendments made by this
section shall take effect 6 months after the date of enactment of this
Act.
SEC. 204. FISCAL IMPACT STATEMENTS.
The General Legislative Procedures Act of 1975 (sec. 1-301.45 et
seq., D.C. Official Code) is amended by adding at the end the following
new section:
``FISCAL IMPACT STATEMENTS
``Sec. 4. (a) Bills and Resolutions.--
``(1) In general.--Notwithstanding any other law, except as
provided in subsection (c), all permanent bills and resolutions
shall be accompanied by a fiscal impact statement before final
adoption by the Council.
``(2) Contents.--The fiscal impact statement shall include the
estimate of the costs which will be incurred by the District as a
result of the enactment of the measure in the current and each of
the first four fiscal years for which the act or resolution is in
effect, together with a statement of the basis for such estimate.
``(b) Appropriations.--Permanent and emergency acts which are
accompanied by fiscal impact statements which reflect unbudgeted costs,
shall be subject to appropriations prior to becoming effective.
``(c) Applicability.--Subsection (a) shall not apply to emergency
declaration, ceremonial, confirmation, and sense of the Council
resolutions.''.
TITLE III--AUTHORIZATION OF CERTAIN GENERAL APPROPRIATIONS PROVISIONS
SEC. 301. ACCEPTANCE OF GIFTS BY COURT SERVICES AND OFFENDER
SUPERVISION AGENCY.
(a) Authority To Accept Gifts.--Section 11233(b) of the National
Capital Revitalization and Self-Government Improvement Act of 1997
(sec. 24-133(b), D.C. Official Code) is amended by adding at the end
the following new paragraphs:
``(3) Acceptance of gifts.--
``(A) Authority to accept gifts.--During fiscal years 2006
through 2008, the Director may accept and use gifts in the form
of--
``(i) in-kind contributions of space and hospitality to
support offender and defendant programs; and
``(ii) equipment and vocational training services to
educate and train offenders and defendants.
``(B) Records.--The Director shall keep accurate and
detailed records of the acceptance and use of any gifts under
subparagraph (A), and shall make such records available for
audit and public inspection.
``(4) Reimbursement from district government.--During fiscal
years 2006 through 2008, the Director may accept and use
reimbursement from the District government for space and services
provided, on a cost reimbursable basis.''.
(b) Authority of Public Defender Service To Charge Fees for Event
Materials.--Section 307 of the District of Columbia Court Reform and
Criminal Procedure Act of 1970 (sec. 2-1607, D.C. Official Code) is
amended by adding at the end the following new subsection:
``(d) During fiscal years 2006 through 2008, the Service may charge
fees to cover the costs of materials distributed to attendees of
educational events, including conferences, sponsored by the Service.
Notwithstanding section 3302 of title 31, United States Code, any
amounts received as fees under this subsection shall be credited to the
Service and available for use without further appropriation.''.
SEC. 302. EVALUATION PROCESS FOR PUBLIC SCHOOL EMPLOYEES.
Title XVII of the District of Columbia Merit Personnel Act of 1978
(sec. 1-617.01 et seq., D.C. Official Code) is amended by adding at the
end the following new section:
``SEC. 1718. EVALUATION PROCESS FOR PUBLIC SCHOOL EMPLOYEES.
``Notwithstanding any other provision of law, rule, or regulation,
during fiscal year 2006 and each succeeding fiscal year the evaluation
process and instruments for evaluating District of Columbia Public
Schools employees shall be a non-negotiable item for collective
bargaining purposes.''.
SEC. 303. CLARIFICATION OF APPLICATION OF PAY PROVISIONS OF MERIT
PERSONNEL SYSTEM TO ALL DISTRICT EMPLOYEES.
(a) District of Columbia Home Rule Act.--The fourth sentence of
section 422(3) of the District of Columbia Home Rule Act (sec. 1-
204.42(3), D.C. Official Code) is amended by striking ``The system may
provide'' and inserting the following: ``The system shall apply with
respect to the compensation of employees of the District government
during fiscal year 2006 and each succeeding fiscal year, except that
the system may provide''.
(b) Title 5, United States Code.--Section 5102 of title 5, United
States Code, is amended by adding at the end the following new
subsection:
``(e) Except as may be specifically provided, this chapter does not
apply for pay purposes to any employee of the government of the
District of Columbia during fiscal year 2006 or any succeeding fiscal
year.''.
SEC. 304. CRITERIA FOR RENEWING OR EXTENDING SOLE SOURCE CONTRACTS.
Section 305 of the District of Columbia Procurement Practices Act
of 1985 (sec. 2-303.05, D.C. Official Code) is amended by adding at the
end the following new subsection:
``(b) During fiscal years 2006 through 2008, a procurement contract
awarded through noncompetitive negotiations in accordance with
subsection (a) may be renewed or extended only if the Chief Financial
Officer of the District of Columbia reviews the contract and certifies
that the contract was renewed or extended in accordance with duly
promulgated rules and procedures.''.
SEC. 305. ACCEPTANCE OF GRANT AMOUNTS NOT INCLUDED IN ANNUAL BUDGET.
(a) Authority To Accept, Obligate, and Expend Amounts.--Subpart 1
of part D of title IV of the District of Columbia Home Rule Act (sec.
1-204.41 et seq., D.C. Official Code), as amended by section 101(a), is
amended by inserting after section 446A the following new section:
``ACCEPTANCE OF GRANT AMOUNTS NOT INCLUDED IN ANNUAL BUDGET
``Sec. 446B. (a) Authority To Accept, Obligate, and Expend
Amounts.--Notwithstanding the fourth sentence of section 446, the
Mayor, in consultation with the Chief Financial Officer of the District
of Columbia may accept, obligate, and expend Federal, private, and
other grants received by the District government that are not reflected
in the budget approved by Act of Congress as provided in such section.
``(b) Conditions.--
``(1) Role of chief financial officer; approval by council.--No
Federal, private, or other grant may be accepted, obligated, or
expended pursuant to subsection (a) until--
``(A) the Chief Financial Officer submits to the Council a
report setting forth detailed information regarding such grant;
and
``(B) the Council has reviewed and approved the acceptance,
obligation, and expenditure of such grant.
``(2) Deemed approval by council.--For purposes of paragraph
(1)(B), the Council shall be deemed to have reviewed and approved
the acceptance, obligation, and expenditure of a grant if--
``(A) no written notice of disapproval is filed with the
Secretary of the Council within 14 calendar days of the receipt
of the report from the Chief Financial Officer under paragraph
(1)(A); or
``(B) if such a notice of disapproval is filed within such
deadline, the Council does not by resolution disapprove the
acceptance, obligation, or expenditure of the grant within 30
calendar days of the initial receipt of the report from the
Chief Financial Officer under paragraph (1)(A).
``(c) No Obligation or Expenditure Permitted in Anticipation of
Receipt or Approval.--No amount may be obligated or expended from the
general fund or other funds of the District of Columbia government in
anticipation of the approval or receipt of a grant under subsection
(b)(2) or in anticipation of the approval or receipt of a Federal,
private, or other grant not subject to such subsection.
``(d) Adjustments to Annual Budget.--The Chief Financial Officer
may adjust the budget for Federal, private, and other grants received
by the District government reflected in the amounts provided in the
budget approved by Act of Congress under section 446, or approved and
received under subsection (b)(2) to reflect a change in the actual
amount of the grant.
``(e) Reports.--The Chief Financial Officer shall prepare a
quarterly report setting forth detailed information regarding all
Federal, private, and other grants subject to this section. Each such
report shall be submitted to the Council and to the Committees on
Appropriations of the House of Representatives and Senate not later
than 15 days after the end of the quarter covered by the report.
``(f) Effective Date.--This section shall apply with respect to
fiscal years 2006 through 2008.''.
(b) Conforming Amendment.--The fourth sentence of section 446 of
such Act (sec. 1-204.46, D.C. Official Code), as amended by section
101(b), is amended by inserting ``section 446B,'' after ``section
446A,''.
(c) Clerical Amendment.--The table of contents of such Act, as
amended by section 101(c), is amended by inserting after the item
relating to section 446A the following new item:
``Sec. 446B. Acceptance of grant amounts not included in annual
budget.''.
SEC. 306. STANDARDS FOR ANNUAL INDEPENDENT AUDIT.
Section 448 of the District of Columbia Home Rule Act (sec. 1-
204.48, D.C. Official Code) is amended--
(1) in subsection (a)(4), by striking the semicolon at the end
and inserting the following: ``, as audited by the Inspector
General of the District of Columbia in accordance with subsection
(c) in the case of fiscal years 2006 through 2008;''; and
(2) by adding at the end the following new subsection:
``(c) The financial statement and report for a fiscal year prepared
and submitted for purposes of subsection (a)(4) shall be audited by the
Inspector General of the District of Columbia (in coordination with the
Chief Financial Officer of the District of Columbia) pursuant to
section 208(a)(4) of the District of Columbia Procurement Practices Act
of 1985, and shall include as a basic financial statement a comparison
of audited actual year-end results with the revenues submitted in the
budget document for such year and the appropriations enacted into law
for such year using the format, terminology, and classifications
contained in the law making the appropriations for the year and its
legislative history.''.
SEC. 307. USE OF FINES IMPOSED FOR VIOLATION OF TRAFFIC ALCOHOL LAWS
FOR ENFORCEMENT AND PROSECUTION OF LAWS.
Section 10(b)(3) of the District of Columbia Traffic Act, 1925
(sec. 50-2201.05(b)(3), D.C. Official Code) is amended to read as
follows:
``(3) Notwithstanding any other provision of law, all fines imposed
and collected pursuant to this subsection during fiscal year 2006 and
each succeeding fiscal year shall be transferred to the General Fund of
the District of Columbia, shall be used by the District of Columbia
exclusively for the enforcement and prosecution of the District traffic
alcohol laws, and shall remain available until expended.''.
SEC. 308. CERTIFICATIONS FOR ATTORNEYS IN CASES BROUGHT UNDER
INDIVIDUALS WITH DISABILITIES EDUCATION ACT.
(a) Responsibilities of Chief Financial Officer.--Section 424(d) of
the District of Columbia Home Rule Act (sec. 1-204.24(d), D.C. Official
Code), as amended by section 201(a), is amended by adding at the end
the following new paragraph:
``(28) With respect to attorneys in special education cases
brought under the Individuals with Disabilities Education Act in
the District of Columbia during fiscal year 2006 and each
succeeding fiscal year--
``(A) requiring such attorneys to certify in writing that
the attorney or representative of the attorney rendered any and
all services for which the attorney received an award in such a
case, including those received under a settlement agreement or
as part of an administrative proceeding, from the District of
Columbia;
``(B) requiring such attorneys, as part of the
certification under subparagraph (A), to disclose any
financial, corporate, legal, membership on boards of directors,
or other relationships with any special education diagnostic
services, schools, or other special education service providers
to which the attorneys have referred any clients in any such
cases; and
``(C) preparing and submitting quarterly reports to the
Committees on Appropriations of the House of Representatives
and Senate on the certification of and the amount paid by the
government of the District of Columbia, including the District
of Columbia Public Schools, to such attorneys.''.
(b) Investigations by Inspector General.--Section 208(a)(3) of the
District of Columbia Procurement Practices Act of 1985 (sec. 2-
302.08(a)(3), D.C. Official Code) is amended by adding at the end the
following new subparagraph:
``(J) During fiscal year 2006 and each succeeding fiscal year,
conduct investigations to determine the accuracy of certifications made
to the Chief Financial Officer of the District of Columbia under
section 424(d)(28) of the District of Columbia Home Rule Act of
attorneys in special education cases brought under the Individuals with
Disabilities Education Act in the District of Columbia.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.