PUBLIC LAW 108–386—OCT. 30, 2004

2004 DISTRICT OF COLUMBIA OMNIBUS

AUTHORIZATION ACT

118 STAT. 2228 PUBLIC LAW 108–386—OCT. 30, 2004

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.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

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) 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.’’.

Deadline.

2004 District of

Columbia

Omnibus

Authorization

Act.

12 USC 1811

note.

Oct. 30, 2004

[H.R. 3797]

PUBLIC LAW 108–386—OCT. 30, 2004 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:

‘‘§ 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

118 STAT. 2230 PUBLIC LAW 108–386—OCT. 30, 2004

‘‘(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–

PUBLIC LAW 108–386—OCT. 30, 2004 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

118 STAT. 2232 PUBLIC LAW 108–386—OCT. 30, 2004

(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), by striking ‘‘and banks located in

the District of Columbia’’; and

(2) in section 209(1), 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 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) EFFECTIVE DATE.—The amendments made by this section

shall take effect on the date of the enactment of this Act.

12 USC 321 note.

19 Stat. 64.

12 USC 3207.

12 USC 3206.

PUBLIC LAW 108–386—OCT. 30, 2004 118 STAT. 2233

LEGISLATIVE HISTORY—H.R. 3797:

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.

Æ

SEC. 9. EFFECTIVE 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.

12 USC 321 note.