[108th Congress Public Law 386]
[From the U.S. Government Printing Office]
[DOCID: f:publ386.108]
[[Page 2227]]
2004 DISTRICT OF COLUMBIA OMNIBUS AUTHORIZATION ACT
[[Page 118 STAT. 2228]]
Public Law 108-386
108th Congress
An Act
To authorize improvements in the operations of the government of the
District of Columbia, and for other purposes. <<NOTE: Oct. 30,
2004 - [H.R. 3797]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: 2004 District of
Columbia Omnibus Authorization Act. 12 USC 1811 note.>>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``2004 District of Columbia Omnibus
Authorization Act''.
SEC. 2. REQUIRING SUBMISSION OF PLAN BY SCHOOL BOARD FOR ALLOCATION OF
FUNDS UNDER MAYOR'S PROPOSED BUDGET.
Section 452 of the District of Columbia Home Rule Act (sec. 1-
204.52, D.C. Official Code) is amended--
(1) in the first sentence, by striking ``With respect to''
and inserting ``(a) Role of Mayor and Council.--With respect
to'';
(2) in the second sentence, by striking ``This section'' and
inserting ``This subsection''; and
(3) by adding at the end the following new subsection:
``(b) Plan for Allocation of Funds Under Proposed Budget.--
``(1) <<NOTE: Deadline.>> Submission of plan to council.--
Not later than March 1 of each year or the date on which the
Mayor makes the proposed annual budget for a year available
under section 442 (whichever occurs later), the Board of
Education shall submit to the Council a plan for the allocation
of the Mayor's proposed budget among various object classes and
responsibility centers (as defined under regulations of the
Board).
``(2) Contents.--The plan submitted under this subsection
shall include a detailed presentation of how much money will be
allocated to each school, including--
``(A) a specific description of the amount of funds
available to the school for which spending decisions are
under the control of the school; and
``(B) a specific description of other responsibility
center funds which will be spent in a manner directly
benefiting the school, including funds which will be
spent for personnel, equipment and supplies, property
maintenance, and student services.''.
[[Page 118 STAT. 2229]]
SEC. 3. MULTIYEAR CONTRACTING AUTHORITY AND LEASING AGREEMENTS FOR
DISTRICT OF COLUMBIA COURTS.
(a) Authority.--Subchapter III of chapter 17 of title 11, District
of Columbia Code, is amended by inserting after section 11-1742 the
following new section:
``Sec. 11-1742a. Multiyear contracting authority and leasing agreements
``(a) Severable Services Contracts for Periods Crossing Fiscal
Years.--The Executive Officer may enter into a contract for procurement
of severable services in the same manner and to the same extent as the
head of an executive agency may enter into such a contract under section
303L of title III of the Federal Property and Administrative Services
Act of 1949 (41 U.S.C. 253l).
``(b) Multiyear Leasing Agreements.--
``(1) Authority.--The Executive Officer may enter into a
lease agreement for the accommodation of the District of
Columbia courts in a building which is in existence or being
erected by the lessor to accommodate the District of Columbia
courts.
``(2) Terms.--A lease agreement under this subsection shall
be on terms the Executive Officer considers to be in the
interest of the Federal Government and the District of Columbia
and necessary for the accommodation of the District of Columbia
courts. However, the lease agreement may not bind the District
of Columbia courts for more than 10 years and the obligation of
amounts for a lease under this subsection is limited to the
current fiscal year for which payments are due without regard to
section 1341(a)(1)(B) of title 31, United States Code.
``(c) Multiyear Contracts.--
``(1) Authority.--The Executive Officer may enter into a
multiyear contract for the acquisition of property or services
in the same manner and to the same extent as an executive agency
may enter into such a contract under section 304B of title III
of the Federal Property and Administrative Services Act of 1949
(41 U.S.C. 254c). In applying such authority--
``(A) in section 304B(a)(2)(B)--
``(i) `the best interests of the District of
Columbia and the Federal Government' shall be
substituted for `the best interests of the United
States'; and
``(ii) `the courts' programs' shall be
substituted for `the agency's programs';
``(B) the second sentence of section 304B(b), and
subsection (e), shall not apply; and
``(C) in section 304B(c), `$5,000,000' shall be
substituted for `$10,000,000'.
``(2) Cancellation or termination for insufficient funding
after first year.--In the event that funds are not made
available for the continuation of a multiyear contract for
services into a subsequent fiscal year, the contract shall be
canceled or terminated, and the costs of cancellation or
termination may be paid from--
``(A) appropriations originally available for the
performance of the contract concerned;
``(B) appropriations currently available for
procurement of the type of services concerned, and not
otherwise obligated; or
[[Page 118 STAT. 2230]]
``(C) funds appropriated for those payments.''.
(b) Clerical Amendment.--The table of sections for subchapter III of
chapter 17 of title 11, District of Columbia Code, is amended by
inserting after the item relating to section 11-1742 the following new
item:
``11-1742a. Multiyear contracting authority and leasing agreements.''.
SEC. 4. ESTABLISHMENT OF ACADEMIC YEAR AS FISCAL YEAR FOR DISTRICT OF
COLUMBIA SCHOOLS.
Section 441 of the District of Columbia Home Rule Act (sec. 1-
204.41, D.C. Official Code) is amended--
(1) in the first sentence, by striking ``The fiscal year''
and inserting ``(a) In General.--Except as provided in
subsection (b), the fiscal year'';
(2) by striking the third sentence; and
(3) by adding at the end the following new subsection:
``(b) Exceptions.--
``(1) Armory board.--The fiscal year for the Armory Board
shall begin on the first day of January and shall end on the
thirty-first day of December of each calendar year.
``(2) Schools.--Effective with respect to fiscal year 2007
and each succeeding fiscal year, the fiscal year for the
District of Columbia Public Schools (including public charter
schools) and the University of the District of Columbia shall
begin on the first day of July and end on the thirtieth day of
June of each calendar year.''.
SEC. 5. EXTENSION OF DEADLINE FOR COUNCIL TO ADOPT BUDGET TO ACCOUNT FOR
DAYS OF RECESS.
Section 446(a) of the District of Columbia Home Rule Act (sec. 1-
204.46(a), D.C. Official Code), as amended by section 101(a), is amended
by striking ``50 calendar days'' and inserting ``56 calendar days''.
SEC. 6. EXEMPTION OF DISTRICT GOVERNMENT EMPLOYEES ON COMPRESSED
SCHEDULE FROM FEDERAL OVERTIME REQUIREMENTS.
(a) In General.--Section 7 of the Fair Labor Standards Act (29
U.S.C. 207) shall not apply to the hours of an employee of the District
of Columbia government which constitute a compressed schedule.
(b) Compressed Schedule Defined.--In this section, the term
``compressed schedule'' means--
(1) in the case of a full-time employee, an 80-hour biweekly
basic work requirement which is scheduled for less than 10
workdays, and
(2) in the case of a part-time employee, a biweekly basic
work requirement of less than 80 hours which is scheduled for
less than 10 workdays.
(c) Effective Date.--This section shall apply with respect to hours
occurring on or after the date of the enactment of this Act.
SEC. 7. AVAILABILITY OF ENFORCED ANNUAL LEAVE OR ENFORCED LEAVE WITHOUT
PAY AS DISCIPLINARY ACTION FOR CORPORATION COUNSEL
ATTORNEYS.
(a) In General.--Section 856(a) of the District of Columbia
Government Comprehensive Merit Personnel Act of 1978 (sec. 1-
[[Page 118 STAT. 2231]]
608.56(a), D.C. Official Code) is amended by striking ``or reduction in
grade,'' and inserting ``reduction in grade, or the placing of such
attorney on enforced annual leave or enforced leave without pay,''.
(b) Effective Date.--The amendment made by subsection (a) shall take
effect on the date of the enactment of this Act.
SEC. 8. REGULATION OF DISTRICT OF COLUMBIA BANKS BY FEDERAL DEPOSIT
INSURANCE CORPORATION.
(a) Federal Deposit Insurance Act.--(1) Section 3 of the Federal
Deposit Insurance Act (12 U.S.C. 1813) is amended--
(A) in subsection (a)(1)(A), by striking ``, State bank, and
District bank'' and inserting ``and State bank'';
(B) in subsection (a), by striking paragraph (4);
(C) in subsection (q)(1), by striking ``, any District
bank,'';
(D) in subsection (q)(2)(A), by striking ``(except a
District bank)''; and
(E) in subsection (q)(3), by striking ``(except a District
bank),''.
(2) Section 7(a)(1) of such Act (12 U.S.C. 1817(a)(1)) is amended by
striking ``(except a District bank)''.
(3) Section 10(b)(2)(A) of such Act (12 U.S.C. 1820(b)(2)(A)) is
amended by striking ``(except a District bank)''.
(4) Section 11 of such Act (12 U.S.C. 1821) is amended--
(A) in subsection (c)(2)(A)(i), by striking ``or District
bank'';
(B) in subsection (c)(2)(A)(ii)--
(i) by striking ``or District bank''; and
(ii) by striking ``or the code of law for the
District of Columbia''; and
(C) in subsection (c)(3)(A), by striking ``(other than a
District depository institution)''.
(5) Section 18 of such Act (12 U.S.C. 1828) is amended--
(A) in section (c)(2)(A), by striking ``or a District
bank'';
(B) in subsection (c)(2)(B), by striking ``(except a
District bank)'';
(C) in subsection (c)(2)(C), by striking ``a District Bank
or'';
(D) in subsection (d)(1), by striking ``(except a District
bank)'' each place such term appears;
(E) in subsection (f), by striking ``or a District bank'';
(F) in subsection (i)(1), by striking ``(except a District
bank)'';
(G) in subsection (i)(2), by striking subparagraph (A) and
by redesignating subparagraphs (B), (C), and (D) as
subparagraphs (A), (B), and (C), respectively;
(H) in subsection (i)(2)(A) (as so redesignated by
subparagraph (G)), by striking ``(except a District bank)''; and
(I) in subsection (i)(2)(B) (as so redesignated by
subparagraph (G)), by striking ``(except a District bank)''.
(b) National Housing Act.--Section 203(s)(5) of the National Housing
Act (12 U.S.C. 1709(s)(5)) is amended by striking ``or District bank''.
(c) Bank Holding Company Act.--The Bank Holding Company Act of 1956
is amended--
(1) in section 2(c) (12 U.S.C. 1841(c)), by striking
paragraph (3); and
[[Page 118 STAT. 2232]]
(2) in section 3(b)(1) (12 U.S.C. 1842(b)(1)), by striking
``or a District bank''.
(d) Bank Protection Act of 1968.--Section 2(1) of the Bank
Protection Act of 1968 (12 U.S.C. 1881(1)) is amended by striking ``and
district banks''.
(e) Depository Institution Management Interlocks Act.--The
Depository Institution Management Interlocks Act (12 U.S.C. 3201 et
seq.) is amended--
(1) in section 207(1), <<NOTE: 12 USC 3206.>> by striking
``and banks located in the District of Columbia''; and
(2) in section 209(1), <<NOTE: 12 USC 3207.>> by striking
``and banks located in the District of Columbia''.
(f) Securities Exchange Act of 1934.--The Securities Exchange Act of
1934 is amended--
(1) in section 3(a)(34) (15 U.S.C. 78c(34)), by striking
``or a bank operating under the Code of Law for the District of
Columbia'' each place such term appears in clause (i) of
subparagraphs (A), (B), (C), (D), and (F);
(2) in section 3(a)(34)(G)(i) (15 U.S.C. 78c(34)(G)(i)), by
striking ``, a bank in the District of Columbia examined by the
Comptroller of the Currency,'';
(3) in section 3(a)(34)(H)(i) (15 U.S.C. 78c(34)(H)(i)), by
striking ``or a bank in the District of Columbia examined by the
Comptroller of the Currency'';
(4) in section 12(i)(1) (15 U.S.C. 78l(i)(1)), by striking
``and banks operating under the Code of Law for the District of
Columbia'';
(5) in section 17(f)(4)(A) (15 U.S.C. 78q(f)(4)(A)), by
striking ``and banks operating under the Code of Law for the
District of Columbia''; and
(6) in section 17(f)(4)(B) (15 U.S.C. 78q(f)(4)(B)), by
striking ``or a bank operating under the Code of Law for the
District of Columbia''.
(g) National Bank Receivership Act.--The National Bank Receivership
Act is amended by striking section <<NOTE: 19 Stat. 64.>> 6.
(h) Federal Reserve Act.--The last sentence of the 3rd undesignated
paragraph of section 9 of the Federal Reserve Act (12 U.S.C. 321) is
amended by striking ``(except within the District of Columbia)''.
(i) <<NOTE: 12 USC 321 note.>> Effective Date.--The amendments made
by this section shall take effect on the date of the enactment of this
Act.
[[Page 118 STAT. 2233]]
SEC. 9. EFFECTIVE <<NOTE: 12 USC 321 note.>> DATE.
Except as otherwise provided, this Act and the amendments made by
this Act shall apply with respect to fiscal year 2005 and each
succeeding fiscal year.
Approved October 30, 2004.
LEGISLATIVE HISTORY--H.R. 3797:
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HOUSE REPORTS: No. 108-551, Pt. 1 (Comm. on Government Reform).
CONGRESSIONAL RECORD, Vol. 150 (2004):
June 21, considered and passed House.
Oct. 11, considered and passed Senate.
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