[109th Congress Public Law 356]
[From the U.S. Government Printing Office]
[DOCID: f:publ356.109]
[[Page 120 STAT. 2019]]
Public Law 109-356
109th Congress
An Act
To authorize improvements in the operation of the government of the
District of Columbia, and for other purposes. <<NOTE: Oct. 16,
2006 - [H.R. 3508]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: 2005 District of Columbia
Omnibus Authorization Act.>> assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This <<NOTE: 5 USC 101 note.>> 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.
[[Page 120 STAT. 2020]]
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) <<NOTE: Deadline.>> 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
[[Page 120 STAT. 2021]]
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:
[[Page 120 STAT. 2022]]
``(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.''.
[[Page 120 STAT. 2023]]
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 <<NOTE: Deadline.>> 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 <<NOTE: Records.>> 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;
[[Page 120 STAT. 2024]]
``(5) <<NOTE: Reports.>> 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
[[Page 120 STAT. 2025]]
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
[[Page 120 STAT. 2026]]
``(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
[[Page 120 STAT. 2027]]
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
[[Page 120 STAT. 2028]]
(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''.
[[Page 120 STAT. 2029]]
(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
[[Page 120 STAT. 2030]]
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
[[Page 120 STAT. 2031]]
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
[[Page 120 STAT. 2032]]
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) <<NOTE: Public information.>> 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;
[[Page 120 STAT. 2033]]
``(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
[[Page 120 STAT. 2034]]
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) <<NOTE: Reports.>> 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) <<NOTE: Reports.>> 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.
[[Page 120 STAT. 2035]]
``(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.
[[Page 120 STAT. 2036]]
``(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
[[Page 120 STAT. 2037]]
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
[[Page 120 STAT. 2038]]
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.''.
[[Page 120 STAT. 2039]]
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 <<NOTE: Public
inspection.>> 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
[[Page 120 STAT. 2040]]
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) <<NOTE: Reports.>> 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) <<NOTE: Deadline.>> no written notice of
disapproval is filed with the Secretary of the Council
within 14 calendar days of the
[[Page 120 STAT. 2041]]
receipt of the report from the Chief Financial Officer
under paragraph (1)(A); or
``(B) <<NOTE: Deadline.>> 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
[[Page 120 STAT. 2042]]
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) <<NOTE: Reports.>> 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:
[[Page 120 STAT. 2043]]
``(J) During fiscal year 2006 and each succeeding fiscal year,
conduct investigations to determine the accuracy of certifications made
to the Chief Financial Officer of the District of Columbia under section
424(d)(28) of the District of Columbia Home Rule Act of attorneys in
special education cases brought under the Individuals with Disabilities
Education Act in the District of Columbia.''.
Approved October 16, 2006.
LEGISLATIVE HISTORY--H.R. 3508:
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HOUSE REPORTS: No. 109-267 (Comm. on Government Reform).
CONGRESSIONAL RECORD:
Vol. 151 (2005):
Dec. 14, considered and passed
House.
Vol. 152 (2006):
Aug. 3, considered and passed
Senate, amended.
Sept. 25, House concurred in Senate
amendment.
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