2004 District of Columbia Omnibus Authorization Act
PL 108-386 (H.R.3797), enacted 10/30/2004

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 Omni-
bus 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 avail-
able 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 per-
sonnel, 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]
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118 STAT. 2229
PUBLIC LAW 108–386—OCT. 30, 2004
SEC. 3. MULTIYEAR CONTRACTING AUTHORITY AND LEASING AGREE-
MENTS FOR DISTRICT OF COLUMBIA COURTS.
(a) AUTHORITY.—Subchapter III of chapter 17 of title 11, Dis-
trict 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 sub-
section (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 perform-
ance of the contract concerned;
‘‘(B) appropriations currently available for procurement
of the type of services concerned, and not otherwise obli-
gated; or
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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 cal-
endar days’’.
SEC. 6. EXEMPTION OF DISTRICT GOVERNMENT EMPLOYEES ON COM-
PRESSED 
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–
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118 STAT. 2231
PUBLIC LAW 108–386—OCT. 30, 2004
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 Dis-
trict 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 subpara-
graphs (A), (B), and (C), respectively;
(H) in subsection (i)(2)(A) (as so redesignated by subpara-
graph (G)), by striking ‘‘(except a District bank)’’; and
(I) in subsection (i)(2)(B) (as so redesignated by subpara-
graph (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
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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 sub-
paragraphs (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.
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118 STAT. 2233
PUBLIC LAW 108–386—OCT. 30, 2004
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.
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.
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