108th CONGRESS
2d Session
H. R. 3797
To authorize improvements in the operations of the government of
the District of Columbia, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
February 11, 2004
Mr. TOM DAVIS of Virginia (for himself and Ms. NORTON) introduced the following
bill; which was referred to the Committee on Government Reform, and in addition
to the Committees on Education and the Workforce and Financial Services, for
a period to be subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee concerned
A BILL
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.'.
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
`(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:
`(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. 1-608.56(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
(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.
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.
END