[Congressional Record Volume 150, Number 86 (Monday, June 21, 2004)]
[House]
[Pages H4600-H4602]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
2004 DISTRICT OF COLUMBIA OMNIBUS AUTHORIZATION ACT
Mrs. MILLER of Michigan. Mr. Speaker, I move to suspend the rules and
pass the bill (H.R. 3797) to authorize improvements in the operations
of the government of the District of Columbia, and for other purposes.
The Clerk read as follows:
H.R. 3797
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:
[[Page H4601]]
``(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-
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.
The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from
Michigan (Mrs. Miller), and the gentlewoman from the District of
Columbia (Ms. Norton) each will control 20 minutes.
The Chair recognizes the gentlewoman from Michigan, Mrs. Miller.
General Leave
Mrs. MILLER of Michigan. Mr. Speaker, I ask unanimous consent that
all Members may have 5 legislative days within which to revise and
extend their remarks on H.R. 3797, and include extraneous material on
the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from Michigan?
There was no objection.
Mrs. MILLER of Michigan. Mr. Speaker, I yield myself such time as I
may consume.
H.R. 3797, a bill introduced by the chairman of the Committee on
Government Reform, the gentleman from Virginia (Mr. Davis), authorizes
the operations of the District of Columbia government. The bill, the
first of its kind, actually, provides a vehicle to address necessary
changes in Federal law pertaining to the District of Columbia. This
legislation will give the mayor and the city's leadership necessary
autonomy by allowing them to only have to deal with the House Committee
of Jurisdiction, the Committee on Government Reform, on changes to
Federal laws that affect the District.
Mr. Speaker, I thank the gentleman from Virginia (Mr. Davis) and the
gentlewoman from the District of Columbia (Ms. Norton) for ushering
H.R. 3797 through the Committee on Government Reform and on to the
floor today, and I support its passage.
Mr. Speaker, I reserve the balance of my time.
Ms. NORTON. Mr. Speaker, I yield myself such time as I may consume.
Let me begin by thanking my friend and colleague on the Committee on
Government Reform, its chairman, the gentleman from Virginia (Mr.
Davis), for working closely with me in moving H.R. 3797. This
legislation institutes a new process that will significantly facilitate
D.C. government operations, promote greater efficiency in Congress by
conforming the handling of District of Columbia matters to House rules,
and improve the efficiency of both the House and the District of
Columbia on these matters.
This is the first time that the Committee on Government Reform, the
authorizing committee for District of Columbia matters that must come
to the Congress, has introduced a bill to enact legislative changes
that have been
[[Page H4602]]
passed by the D.C. council, and are here only because they require
affirmative action by Congress to become law because they amend the
D.C. Home Rule Act, which can only be amended by the Congress.
Perhaps the most noteworthy provision, in light of recent events, is
the change in the fiscal year for D.C. public schools and the
University of the District of Columbia's academic year to conform to
the school system's new fiscal year. Imagine the difficulties if the
fiscal year and the academic year are not in tandem, as they have not
been. The proposed change was already in the bill, but its necessity is
underlined by the fact that this is one of the changes requested by the
top candidate for superintendent of the D.C. public schools, Carl
Cohen.
Similarly, as requested by the mayor and city council, H.R. 3795
amends the Home Rule Charter to give the city council and additional 6
days with which to review the mayor's proposed budget, restoring the
full 50-day period to the council to allow the D.C. government to use
compressed schedules in order to exempt employees from Federal overtime
requirements, to allow the D.C. government to offer enforced annual
leave, or enforced leave without pay as a disciplinary action for
corporation counsel attorneys while an investigation is underway for
alleged misconduct, and to allow oversight of D.C. chartered banks to
be changed from the U.S. Office of the Comptroller to the Federal
Deposit Insurance Corporation in order to bring D.C. banking law into
conformity with what occurs in all 50 States, relieving the current
regulatory burden that has discouraged the establishment of D.C.
charter banks.
Mr. Speaker, I have no further requests for time, and I yield back
the balance of my time.
Mrs. MILLER of Michigan. Mr. Speaker, I yield myself such time as I
may consume to urge all Members to support the passage of H.R. 3797,
and I also want to thank the chairman of the Committee, the gentleman
from Virginia (Mr. Davis), for his outstanding leadership on this bill.
It is really of vital importance to our Nation's capital, and I know
the chairman is always working very hard to address all the challenges
and concerns of the people of the District.
Mr. TOM DAVIS of Virginia. Mr. Speaker, please include the attached
exchange of letters between Chairman Michael G. Oxley of the Committee
on Financial Services, Chairman John A. Boehner of the Committee on
Education and the Workforce and myself in the Congressional Record at
the end of the debate on H.R. 3797 under general leave.
Committee on Financial Services,
Washington, DC, March 9, 2004.
Hon. Tom Davis,
Chairman, Committee on Government Reform, Washington, DC.
Dear Tom: On February 26, 2004, the Committee on Government
Reform ordered reported H.R. 3797, the 2004 District of
Columbia Omnibus Authorization Act. As you know, the
Committee on Financial Services was granted an additional
referral upon the bill's introduction pursuant to the
Committee's jurisdiction under Rule X of the Rules of the
House of Representatives over banks and banking. Section 8 of
the bill addresses the regulation of banks chartered by the
District of Columbia by the Federal Deposit Insurance
Corporation.
Because of your willingness to consult with my committee
regarding this matter, I will waive consideration of the bill
by the Financial Services Committee. By agreeing to waive its
consideration of the bill, the Financial Services Committee
does not waive its jurisdiction over H.R. 3797. In addition,
the Committee on Financial Services reserves its authority to
seek conferees on any provisions of the bill that are within
the Financial Services Committee's jurisdiction during any
House-Senate conference that may be convened on this
legislation. I ask your commitment to support any request by
the Committee on Financial Services for conferees on H.R.
3797 or related legislation.
I request that you include this letter and your response as
part of your committee's report on the bill and the
Congressional Record during consideration of the legislation
on the House floor.
Thank you for your attention to these matters.
Sincerely,
Michael G. Oxley,
Chairman.
____
Committee on Government Reform,
Washington, DC, March 9, 2004.
Hon. Michael G. Oxley,
Chairman, Committee on Financial Services, House of
Representatives, Washington, DC.
Dear Mr. Chairman: Thank you for your recent letter
regarding the Financial Services Committee's jurisdictional
interest in H.R. 3797, the 2004 District of Columbia
Authorization Act. As you have stated, Section 8 regarding
the regulation of banks chartered by the District of Columbia
by the Federal Deposit Insurance Corporation is within the
jurisdiction of your Committee.
I agree that the Financial Services Committee does not
waive its jurisdiction over H.R. 3797 by waiving further
consideration of the bill. In addition, I will support your
request for conferees from the Financial Services Committee
should a House-Senate conference on this or similar
legislation be convened.
As you have requested, I will include a copy of your letter
and this response as part of the Government Reform
Committee's report and the Congressional Record during
consideration of the legislation on the House floor. Thank
you for your assistance as I work towards the enactment of
H.R. 3797.
Sincerely,
Tom Davis,
Chairman.
____
Committee on Education
and the Workforce,
Washington, DC, June 17, 2004.
Hon. Tom Davis,
Chairman, Committee on Government Reform, Washington, DC.
Dear Chairman Davis: I am writing to confirm our mutual
understanding with respect to consideration of H.R. 3797, the
``2004 District of Columbia Authorization Act,'' which the
Committee on Government Reform reported on February 26, 2004.
This bill was referred to the Committee on Government Reform,
and in addition to the Committees on Education and the
Workforce and Financial Services. Section 6, Exemption of
District of Columbia Employees on Compressed Schedule from
Federal Overtime Requirements, amends the Fair Labor
Standards Act and is within the sole jurisdiction of the
Committee on Education and the Workforce.
Given the fact that I support the policy contained in
Section 6, I do not intend to ask for continued referral of
H.R. 3797, nor will I object to the scheduling of this bill
for consideration in the House of Representatives. However, I
do so only with the understanding that this procedural route
should not be construed to prejudice the Committee on
Education and the Workforce's jurisdictional interest and
prerogatives on these provisions or any other similar
legislation and will not be considered as precedent for
consideration of matters of jurisdictional interest to my
Committee in the future. Furthermore, should these or similar
provisions be considered in a conference with the Senate, I
would expect Members of the Committee on Education and the
Workforce be appointed to the conference committee on those
provisions.
Finally, I would ask that you include a copy of our
exchange of letters on this matter in your report to
accompany this bill. If you have questions regarding this
matter, please do not hesitate to call me. I thank you for
your consideration.
Sincerely,
John A. Boehner,
Chairman.
____
Committee on Government Reform,
Washington, DC, June 17, 2004.
Hon. John A. Boehner,
Chairman, Committee on Education and the Workforce, House of
Representatives, Washington, DC.
Dear Mr. Chairman: Thank you for your recent letter
regarding the Education and the Workforce Committee's
jurisdictional interest in H.R. 3797, the 2004 District of
Columbia Authorization Act. As you have stated, Section 6
exempting certain District of Columbia employees from
overtime regulation under the Fair Labor Standards Act is
within the jurisdiction of your Committee.
I agree that the Education and Workforce Committee does not
waive its jurisdiction over H.R. 3797 by waiving further
consideration of the bill. In addition, I will support your
request for conferees from the Government Reform Committee
should a House-Senate conference on this or similar
legislation be convened.
As you have requested, I will include a copy of your letter
and this response as part of the Government Reform
Committee's report and the Congressional Record during
consideration of the legislation on the House floor. Thank
you for your assistance as I work towards the enactment of
H.R. 3797.
Sincerely,
Tom Davis,
Chairman.
Mrs. MILLER of Michigan. Mr. Speaker, I yield back the balance of my
time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentlewoman from Michigan (Mrs. Miller) that the House suspend the
rules and pass the bill, H.R. 3797.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the bill was passed.
A motion to reconsider was laid on the table.
____________________