108TH CONGRESS

2D SESSION H. R. 3797

AN ACT

To authorize improvements in the operations of the

other purposes.government of the District of Columbia, and for

108TH CONGRESS

2D SESSION H. R. 3797

AN ACT

To authorize improvements in the operations of the government of the District of Columbia, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘2004 District of Co3 lumbia Omnibus Authorization Act’’.

4 SEC. 2. REQUIRING SUBMISSION OF PLAN BY SCHOOL

5 BOARD FOR ALLOCATION OF FUNDS UNDER

6 MAYOR’S PROPOSED BUDGET.

7 Section 452 of the District of Columbia Home Rule

8 Act (sec. 1–204.52, D.C. Official Code) is amended—

9 (1) in the first sentence, by striking ‘‘With re10 spect to’’ and inserting ‘‘(a) ROLE OF MAYOR AND

11 COUNCIL.—With respect to’’;

12 (2) in the second sentence, by striking ‘‘This

13 section’’ and inserting ‘‘This subsection’’; and

14 (3) by adding at the end the following new sub15 section:

16 ‘‘(b) PLAN FOR ALLOCATION OF FUNDS UNDER

17 PROPOSED BUDGET.—

18 ‘‘(1) SUBMISSION OF PLAN TO COUNCIL.—Not

19 later than March 1 of each year or the date on

20 which the Mayor makes the proposed annual budget

21 for a year available under section 442 (whichever oc22 curs later), the Board of Education shall submit to

23 the Council a plan for the allocation of the Mayor’s

24 proposed budget among various object classes and

25 responsibility centers (as defined under regulations

26 of the Board).
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1 ‘‘(2) CONTENTS.—The plan submitted under

2 this subsection shall include a detailed presentation

3 of how much money will be allocated to each school,

4 including—

5 ‘‘(A) a specific description of the amount

6 of funds available to the school for which spend7 ing decisions are under the control of the

8 school; and

9 ‘‘(B) a specific description of other respon10 sibility center funds which will be spent in a

11 manner directly benefiting the school, including

12 funds which will be spent for personnel, equip13 ment and supplies, property maintenance, and

14 student services.’’.

15 SEC. 3. MULTIYEAR CONTRACTING AUTHORITY AND LEAS16 ING AGREEMENTS FOR DISTRICT OF COLUM17 BIA COURTS.

18 (a) AUTHORITY.—Subchapter III of chapter 17 of

19 title 11, District of Columbia Code, is amended by insert20 ing after section 11–1742 the following new section:

21 ‘‘§ 11–1742a. Multiyear contracting authority and

22 leasing agreements

23 ‘‘(a) SEVERABLE SERVICES CONTRACTS FOR PERI24 ODS CROSSING FISCAL YEARS.—The Executive Officer

25 may enter into a contract for procurement of severable
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1 services in the same manner and to the same extent as

2 the head of an executive agency may enter into such a

3 contract under section 303L of title III of the Federal

4 Property and Administrative Services Act of 1949 (41

5 U.S.C. 253l).

6 ‘‘(b) MULTIYEAR LEASING AGREEMENTS.—

7 ‘‘(1) AUTHORITY.—The Executive Officer may

8 enter into a lease agreement for the accommodation

9 of the District of Columbia courts in a building

10 which is in existence or being erected by the lessor

11 to accommodate the District of Columbia courts.

12 ‘‘(2) TERMS.—A lease agreement under this

13 subsection shall be on terms the Executive Officer

14 considers to be in the interest of the Federal Gov15 ernment and the District of Columbia and necessary

16 for the accommodation of the District of Columbia

17 courts. However, the lease agreement may not bind

18 the District of Columbia courts for more than 10

19 years and the obligation of amounts for a lease

20 under this subsection is limited to the current fiscal

21 year for which payments are due without regard to

22 section 1341(a)(1)(B) of title 31, United States

23 Code.

24 ‘‘(c) MULTIYEAR CONTRACTS.—
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1 ‘‘(1) AUTHORITY.—The Executive Officer may

2 enter into a multiyear contract for the acquisition of

3 property or services in the same manner and to the

4 same extent as an executive agency may enter into

5 such a contract under section 304B of title III of

6 the Federal Property and Administrative Services

7 Act of 1949 (41 U.S.C. 254c). In applying such

8 authority—

9 ‘‘(A) in section 304B(a)(2)(B)—

10 ‘‘(i) ‘the best interests of the District

11 of Columbia and the Federal Government’

12 shall be substituted for ‘the best interests

13 of the United States’; and

14 ‘‘(ii) ‘the courts’ programs’ shall be

15 substituted for ‘the agency’s programs’;

16 ‘‘(B) the second sentence of section

17 304B(b), and subsection (e), shall not apply;

18 and

19 ‘‘(C) in section 304B(c), ‘$5,000,000’ shall

20 be substituted for ‘$10,000,000’.

21 ‘‘(2) CANCELLATION OR TERMINATION FOR IN22 SUFFICIENT FUNDING AFTER FIRST YEAR.—In the

23 event that funds are not made available for the con24 tinuation of a multiyear contract for services into a

25 subsequent fiscal year, the contract shall be canceled
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1 or terminated, and the costs of cancellation or termi2 nation may be paid from—

3 ‘‘(A) appropriations originally available for

4 the performance of the contract concerned;

5 ‘‘(B) appropriations currently available for

6 procurement of the type of services concerned,

7 and not otherwise obligated; or

8 ‘‘(C) funds appropriated for those pay9 ments.’’.

10 (b) CLERICAL AMENDMENT.—The table of sections

11 for subchapter III of chapter 17 of title 11, District of

12 Columbia Code, is amended by inserting after the item re13 lating to section 11–1742 the following new item:

‘‘11–1742a. Multiyear contracting authority and leasing agreements.’’.

14 SEC. 4. ESTABLISHMENT OF ACADEMIC YEAR AS FISCAL

15 YEAR FOR DISTRICT OF COLUMBIA SCHOOLS.

16 Section 441 of the District of Columbia Home Rule

17 Act (sec. 1–204.41, D.C. Official Code) is amended—

18 (1) in the first sentence, by striking ‘‘The fiscal

19 year’’ and inserting ‘‘(a) IN GENERAL.—Except as

20 provided in subsection (b), the fiscal year’’;

21 (2) by striking the third sentence; and

22 (3) by adding at the end the following new sub23 section:

24 ‘‘(b) EXCEPTIONS.—
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1 ‘‘(1) ARMORY BOARD.—The fiscal year for the

2 Armory Board shall begin on the first day of Janu3 ary and shall end on the thirty-first day of Decem4 ber of each calendar year.

5 ‘‘(2) SCHOOLS.—Effective with respect to fiscal

6 year 2007 and each succeeding fiscal year, the fiscal

7 year for the District of Columbia Public Schools (in8 cluding public charter schools) and the University of

9 the District of Columbia shall begin on the first day

10 of July and end on the thirtieth day of June of each

11 calendar year.’’.

12 SEC. 5. EXTENSION OF DEADLINE FOR COUNCIL TO ADOPT

13 BUDGET TO ACCOUNT FOR DAYS OF RECESS.

14 Section 446(a) of the District of Columbia Home

15 Rule Act (sec. 1–204.46(a), D.C. Official Code), as

16 amended by section 101(a), is amended by striking ‘‘50

17 calendar days’’ and inserting ‘‘56 calendar days’’.

18 SEC. 6. EXEMPTION OF DISTRICT GOVERNMENT EMPLOY19 EES ON COMPRESSED SCHEDULE FROM FED20 ERAL OVERTIME REQUIREMENTS.

21 (a) IN GENERAL.—Section 7 of the Fair Labor

22 Standards Act (29 U.S.C. 207) shall not apply to the

23 hours of an employee of the District of Columbia govern24 ment which constitute a compressed schedule.
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1 (b) COMPRESSED SCHEDULE DEFINED.—In this sec2 tion, the term ‘‘compressed schedule’’ means—

3 (1) in the case of a full-time employee, an 80-

4 hour biweekly basic work requirement which is

5 scheduled for less than 10 workdays, and

6 (2) in the case of a part-time employee, a bi7 weekly basic work requirement of less than 80 hours

8 which is scheduled for less than 10 workdays.

9 (c) EFFECTIVE DATE.—This section shall apply with

10 respect to hours occurring on or after the date of the en11 actment of this Act.

12 SEC. 7. AVAILABILITY OF ENFORCED ANNUAL LEAVE OR

13 ENFORCED LEAVE WITHOUT PAY AS DIS14 CIPLINARY ACTION FOR CORPORATION

15 COUNSEL ATTORNEYS.

16 (a) IN GENERAL.—Section 856(a) of the District of

17 Columbia Government Comprehensive Merit Personnel

18 Act of 1978 (sec. 1–608.56(a), D.C. Official Code) is

19 amended by striking ‘‘or reduction in grade,’’ and insert20 ing ‘‘reduction in grade, or the placing of such attorney

21 on enforced annual leave or enforced leave without pay,’’.

22 (b) EFFECTIVE DATE.—The amendment made by

23 subsection (a) shall take effect on the date of the enact24 ment of this Act.
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1 SEC. 8. REGULATION OF DISTRICT OF COLUMBIA BANKS BY

2 FEDERAL DEPOSIT INSURANCE CORPORA3 TION.

4 (a) FEDERAL DEPOSIT INSURANCE ACT.—(1) Sec5 tion 3 of the Federal Deposit Insurance Act (12 U.S.C.

6 1813) is amended—

7 (A) in subsection (a)(1)(A), by striking ‘‘, State

8 bank, and District bank’’ and inserting ‘‘and State

9 bank’’;

10 (B) in subsection (a), by striking paragraph

11 (4);

12 (C) in subsection (q)(1), by striking ‘‘, any Dis13 trict bank,’’;

14 (D) in subsection (q)(2)(A), by striking ‘‘(ex15 cept a District bank)’’; and

16 (E) in subsection (q)(3), by striking ‘‘(except a

17 District bank),’’.

18 (2) Section 7(a)(1) of such Act (12 U.S.C.

19 1817(a)(1)) is amended by striking ‘‘(except a District

20 bank)’’.

21 (3) Section 10(b)(2)(A) of such Act (12 U.S.C.

22 1820(b)(2)(A)) is amended by striking ‘‘(except a District

23 bank)’’.

24 (4) Section 11 of such Act (12 U.S.C. 1821) is

25 amended—
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1 (A) in subsection (c)(2)(A)(i), by striking ‘‘or

2 District bank’’;

3 (B) in subsection (c)(2)(A)(ii)—

4 (i) by striking ‘‘or District bank’’; and

5 (ii) by striking ‘‘ or the code of law for the

6 District of Columbia’’; and

7 (C) in subsection (c)(3)(A), by striking ‘‘(other

8 than a District depository institution)’’.

9 (5) Section 18 of such Act (12 U.S.C. 1828) is

10 amended—

11 (A) in section (c)(2)(A), by striking ‘‘or a Dis12 trict bank’’;

13 (B) in subsection (c)(2)(B), by striking ‘‘(ex14 cept a District bank)’’;

15 (C) in subsection (c)(2)(C), by striking ‘‘a Dis16 trict Bank or’’;

17 (D) in subsection (d)(1), by striking ‘‘(except a

18 District bank)’’ each place such term appears;

19 (E) in subsection (f), by striking ‘‘or a District

20 bank’’;

21 (F) in subsection (i)(1), by striking ‘‘(except a

22 District bank)’’;

23 (G) in subsection (i)(2), by striking subpara24 graph (A) and by redesignating subparagraphs (B),
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1 (C), and (D) as subparagraphs (A), (B), and (C),

2 respectively;

3 (H) in subsection (i)(2)(A) (as so redesignated

4 by subparagraph (G)), by striking ‘‘(except a Dis5 trict bank)’’; and

6 (I) in subsection (i)(2)(B) (as so redesignated

7 by subparagraph (G)), by striking ‘‘(except a Dis8 trict bank)’’.

9 (b) NATIONAL HOUSING ACT.—Section 203(s)(5) of

10 the National Housing Act (12 U.S.C. 1709(s)(5)) is

11 amended by striking ‘‘or District bank’’.

12 (c) BANK HOLDING COMPANY ACT.—The Bank

13 Holding Company Act of 1956 is amended—

14 (1) in section 2(c) (12 U.S.C. 1841(c)), by

15 striking paragraph (3); and

16 (2) in section 3(b)(1) (12 U.S.C. 1842(b)(1)),

17 by striking ‘‘or a District bank’’.

18 (d) BANK PROTECTION ACT OF 1968.—Section 2(1)

19 of the Bank Protection Act of 1968 (12 U.S.C. 1881(1))

20 is amended by striking ‘‘and district banks’’.

21 (e) DEPOSITORY INSTITUTION MANAGEMENT INTER22 LOCKS ACT.—The Depository Institution Management

23 Interlocks Act (12 U.S.C. 3201 et seq.) is amended—

24 (1) in section 207(1), by striking ‘‘and banks

25 located in the District of Columbia’’; and
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1 (2) in section 209(1), by striking ‘‘and banks

2 located in the District of Columbia’’.

3 (f) SECURITIES EXCHANGE ACT OF 1934.—The Se4 curities Exchange Act of 1934 is amended—

5 (1) in section 3(a)(34) (15 U.S.C. 78c(34)), by

6 striking ‘‘or a bank operating under the Code of

7 Law for the District of Columbia’’ each place such

8 term appears in clause (i) of subparagraphs (A),

9 (B), (C), (D), and (F);

10 (2) in section 3(a)(34)(G)(i) (15 U.S.C.

11 78c(34)(G)(i)), by striking ‘‘, a bank in the District

12 of Columbia examined by the Comptroller of the

13 Currency,’’;

14 (3) in section 3(a)(34)(H)(i) (15 U.S.C.

15 78c(34)(H)(i)), by striking ‘‘ or a bank in the Dis16 trict of Columbia examined by the Comptroller of

17 the Currency’’;

18 (4) in section 12(i)(1) (15 U.S.C. 78l(i)(1)), by

19 striking ‘‘and banks operating under the Code of

20 Law for the District of Columbia’’;

21 (5) in section 17(f)(4)(A) (15 U.S.C.

22 78q(f)(4)(A)), by striking ‘‘and banks operating

23 under the Code of Law for the District of Colum24 bia’’; and
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1 (6) in section 17(f)(4)(B) (15 U.S.C.

2 78q(f)(4)(B)), by striking ‘‘or a bank operating

3 under the Code of Law for the District of Colum4 bia’’.

5 (g) NATIONAL BANK RECEIVERSHIP ACT.—The Na6 tional Bank Receivership Act is amended by striking sec7 tion 6.

8 (h) FEDERAL RESERVE ACT.—The last sentence of

9 the 3rd undesignated paragraph of section 9 of the Fed10 eral Reserve Act (12 U.S.C. 321) is amended by striking

11 ‘‘(except within the District of Columbia)’’.

12 (i) EFFECTIVE DATE.—The amendments made by

13 this section shall take effect on the date of the enactment

14 of this Act.

15 SEC. 9. EFFECTIVE DATE.

16 Except as otherwise provided, this Act and the

17 amendments made by this Act shall apply with respect to

18 fiscal year 2005 and each succeeding fiscal year.

Passed the House of Representatives June 21, 2004.

Attest:

Clerk.