Home > 108th Congressional Public Laws > Pub.L. 108-387 To redesignate Fort Clatsop National Memorial as the Lewis and Clark National Historical Park, to include in the park sites in the State of Washington as well as the State of Oregon, and for other purposes. <

Pub.L. 108-387 To redesignate Fort Clatsop National Memorial as the Lewis and Clark National Historical Park, to include in the park sites in the State of Washington as well as the State of Oregon, and for other purposes. <
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[[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.

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