[House Report 108-551]
[From the U.S. Government Publishing Office]
108th Congress Rept. 108-551
HOUSE OF REPRESENTATIVES
2d Session Part 1
======================================================================
2004 DISTRICT OF COLUMBIA OMNIBUS AUTHORIZATION ACT
_______
June 17, 2004.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Tom Davis of Virginia, from the Committee on Government Reform,
submitted the following
R E P O R T
[To accompany H.R. 3797]
[Including cost estimate of the Congressional Budget Office]
The Committee on Government Reform, to whom was referred
the bill (H.R. 3797) to authorize improvements in the
operations of the government of the District of Columbia, and
for other purposes, having considered the same, report
favorably thereon without amendment and recommend that the bill
do pass.
CONTENTS
Page
Committee Statement and Views.................................... 2
Section-by-Section............................................... 2
Explanation of Amendments........................................ 3
Committee Consideration.......................................... 3
Rollcall Votes................................................... 4
Correspondence................................................... 4
Application of Law to the Legislative Branch..................... 6
Statement of Overisght Findings and Recommendations of the
Committee...................................................... 6
Statement of General Performance Goals and Objectives............ 6
Constitutional Authority Statement............................... 6
Federal Advisory Committee Act................................... 7
Unfunded Mandate Statement....................................... 7
Committee Estimate............................................... 7
Budget Authority and Congressional Budget Office Cost Estimate... 7
Changes in Existing Law Made by the Bill as Reported............. 9
Committee Statement and Views
PURPOSE AND SUMMARY
H.R. 3797, the first annual omnibus authorization bill for
the District of Columbia, would authorize improvements in the
operations of the government of the District of Columbia.
background and need for legislation
The Government Reform Committee has jurisdiction over the
municipal affairs of the District of Columbia. In order to
foster a better working relationship between the District of
Columbia and Congress, the Committee has initiated an annual or
biannual authorization process that would provide the District
with a vehicle with which to move needed changes in the federal
laws governing the District of Columbia.
Section-by-Section
Section 1. Short title
This Act may be cited as the ``2004 District of Columbia
Omnibus Authorization Act.''
Section 2. Requiring submission of plan by school board for allocation
of funds under Mayor's proposed budget
This section would provide for a ``budget reconciliation''
requirement for the DC school system. Currently, the Mayor and
the Council establish spending caps for the School Board's
budget, but the DC Home Rule Act prohibits the Mayor and the
Council from altering any of the budget decisions made by the
School Board. This section would provide for the Mayor and
Council to request reconciled budgets from the schools after
the District's budget process is completed.
Section 3. Multiyear contracting authority and leasing agreements for
District of Columbia courts
This section would authorize the court to (1) enter into
severable services contracts for periods crossing fiscal years
(similar to GSA's authority); (2) enter into multiyear leasing
agreements up to 10 years for property (GSA is authorized to
enter into 20 year leases) and multiyear contracts for goods
and services not to exceed $5 million (GSA is authorized to
enter into contracts not to exceed $10 million). This section
also includes a procedure for cancellation or termination for
insufficient funding after first year, similar to federal
government cancellation procedures.
Section 4. Establishment of academic year as fiscal year for DC schools
This provision would change the annual budget cycles for
the public school system, the charter schools and the
University of the District of Columbia to an academic year
(from a fiscal year) beginning with the FY2007 budget cycle.
Section 5. Extension of deadline for council to adopt budget to account
for days of recess
This language would provide the Council with an additional
6 days with which to review the budget. The DC Home Rule Act
states that ``The Council, within fifty calendar days after
receipt of the budget proposal from the Mayor, and after public
hearing, shall by act adopt the annual budget for the District
of Columbia government.'' Given the timeframe of the District's
budget process, the weeklong Spring recess, which is scheduled
around Easter just like Congress's recess, falls in the middle
of the 50-day review period.
Section 6. Exemption of DC government employees on compressed schedule
from Federal overtime requirements
This section would exempt District government employees
from the Fair Labor Standards Act, enabling DC to offer
alternate work schedules (flextime rather than overtime) to
employees, similar to federal employees. This section would
take effect upon date of enactment.
Section 7. Availability of enforced annual leave or enforced leave
without pay for Corporation Counsel attorneys
This section would give the District's Corporation Counsel
the ability to place an attorney on forced leave, while an
investigation is underway in the case where an attorney may
have engaged in misconduct. In accordance with Home Rule
provisions, Congressional action is necessary for this
provision to apply to pre-1980 employees. This section would
take effect upon date of enactment.
Section 8. Regulation of DC banks by Federal Deposit Insurance
Corporation
This section would transfer the oversight of DC-chartered
banks from the Office of the Comptroller of the Currency to the
Federal Deposit Insurance Corporation. In all 50 states, state-
chartered banks are regulated by the FDIC and the state banking
regulator, and nationally-chartered banks are regulated by the
Office of the Comptroller of the Currency (OCC). In DC,
however, DC-chartered banks would be regulated by the OCC
rather than the FDIC. Although there were no DC-chartered banks
in existence at the time the Committee considered this
legislation, District officials explained that three banks have
expressed interest in applying for DC charters, but have not
yet done so because of the burden of being regulated
differently than their state-chartered banks in other states.
This section would take effect upon date of enactment.
Explanation of Amendments
The Committee adopted no amendments.
Committee Consideration
On February 26, 2004, the Committee met in open session and
ordered favorably reported the bill, H.R. 3797, by voice vote,
a quorum being present.
Rollcall Votes
No roll call votes were held.
Correspondence
House of Representatives,
Committee on Education and the Workforce,
Washington, DC, June 17, 2004.
Hon. Tom Davis,
Chairman, Committee on Government Reform, Rayburn House Office
Building, 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.
------
House of Representatives,
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.
------
House of Representatives,
Committee on Financial Services,
Washington, DC, March 9, 2004.
Hon. Tom Davis,
Chairman, Committee on Government Reform,
Rayburn House Office Building, 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 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 committees 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.
------
House of Representatives,
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.
Application of Law to the Legislative Branch
Section 102(b)(3) of Public Law 104-1 requires a
description of the application of this bill to the legislative
branch where the bill relates to the terms and conditions of
employment or access to public services and accommodations.
Legislative branch employees and their families, to the extent
that they are otherwise eligible for the benefits provided by
this legislation, have equal access to its benefits.
Statement of Oversight Findings and Recommendations of the Committee
In compliance with clause 3(c)(1) of rule XIII and clause
(2)(b)(1) of rule X of the Rules of the House of
Representatives, the Committee's oversight findings and
recommendations are reflected in the descriptive portions of
this report.
Statement of General Performance Goals and Objectives
In accordance with clause 3(c)(4) of rule XIII of the Rules
of the House of Representatives, the Committee's performance
goals and objectives are reflected in the descriptive portions
of this report
Constitutional Authority Statement
Under clause 3(d)(1) of rule XIII of the Rules of the House
of Representatives, the Committee must include a statement
citing the specific powers granted to Congress to enact the law
proposed by H.R. 4012. Article I, Section 8, Clauses 17 and 18
of the Constitution of the United States provide Congress the
power to enact this law.
Federal Advisory Committee Act
The Committee finds that the legislation does not establish
or authorize the establishment of an advisory committee within
the definition of 5 U.S.C. App., Section 5(b).
Unfunded Mandate Statement
Section 423 of the Congressional Budget and Impoundment
Control Act (as amended by Section 101(a)(2) of the Unfunded
Mandate Reform Act, P.L. 104-4) requires a statement whether
the provisions of the reported include unfunded mandates. In
compliance with this requirement the Committee has received a
letter from the Congressional Budget Office included herein.
Committee Estimate
Clause 3(d)(2) of rule XIII of the Rules of the House of
Representatives requires an estimate and a comparison by the
Committee of the costs that would be incurred in carrying out
H.R. 3797. However, clause 3(d)(3)(B) of that rule provides
that this requirement does not apply when the Committee has
included in its report a timely submitted cost estimate of the
bill prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act.
Budget Authority and Congressional Budget Office Cost Estimate
With respect to the requirements of clause 3(c)(2) of rule
XIII of the Rules of the House of Representatives and section
308(a) of the Congressional Budget Act of 1974 and with respect
to requirements of clause 3(c)(3) of rule XIII of the Rules of
the House of Representatives and section 402 of the
Congressional Budget Act of 1974, the Committee has received
the following cost estimate for H.R. 3797 from the Director of
Congressional Budget Office:
H.R. 3797--2004 District of Columbia Omnibus Authorization Act
Summary: H.R. 3797 would amend various federal laws
applicable to the operation of the District of Columbia (D.C.)
government, including provisions that would increase monitoring
of city and school budgets, establish the academic year as the
fiscal year for D.C. schools, offer alternative work schedules
for D.C. government employees, and modify the regulation of
banks chartered in the District. CBO estimates that those
provisions would have no significant impact on the federal
budget.
CBO estimates that enacting section 3 would increase
federal direct spending by about $20 million over the 2004-2014
period because it would authorize the Executive Officer of the
D.C. Courts to enter into 10-year building leases regardless of
whether the D.C. Courts have sufficient appropriated funds
available for such a lease. Under the National Capital
Revitalization and Self-Government Improvement Act of 1997, the
budget of the D.C. Courts system is funded through federal
appropriations, and its expenditures are recorded on the
federal budget. Enactment of the bill would not affect federal
revenues.
The bill contains no private-sector mandates as defined in
the Unfunded Mandates Reform Act (UMRA). Section 2 of H.R. 3797
contains an intergovernmental mandate as defined in UMRA, but
CBO estimates that the resulting costs would not be significant
and would not exceed the threshold established in UMRA ($60
million in 2004, adjusted annually for inflation).
Estimated cost to the Federal Government: The estimated
budgetary impact of H.R. 3797 is shown in the following table.
The costs of this legislation fall within budget function 800
(general government).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
----------------------------------------------------------------------------
2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014
----------------------------------------------------------------------------------------------------------------
CHANGES IN DIRECT SPENDING
Leasing Authority for D.C. Courts:
Estimated Budget Authority..... 20 0 0 0 0 0 0 0 0 0 0
Estimated Outlays.............. * 2 2 2 2 2 2 2 2 2 2
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Leasing Authority for D.C. Courts:
Estimated Authorization Level.. * -2 -2 -2 -2 -2 -2 -2 -2 -2 -2
Estimated Outlays.............. * -2 -2 -2 -2 -2 -2 -2 -2 -2 -2
----------------------------------------------------------------------------------------------------------------
Note.--* = less than $500,000.
Basis of estimate: For this estimate, CBO assumes that the
bill be enacted near the end of fiscal year 2004. Most of the
bill's provisions that would directly affect operations of the
city government have been passed by the Council of the District
of Columbia and signed by the Mayor. Under the Home Rule Act,
any legislation enacted by the city must be approved by the
Congress. CBO estimates that those provisions would not have a
significant effect on the federal budget.
H.R. 3797 would authorize the D.C. Courts to enter into
agreements with nonfederal entities to lease commercial or
special-purpose property. Such agreements could obligate the
federal government for up to 10 years without regard to
provisions of the Anti-Deficiency Act. Thus, the government's
obligations could occur in advance, or in excess, of
appropriated amounts. The legislation thereby provides contract
authority--the authority to obligate funds in advance or in
excess of appropriations to cover the obligation.
Based on information from the D.C. Courts, CBO expects that
the agency would use the authority in H.R. 3797 to enter into
an operating lease for temporary office space during
renovations to the J. Carl Moultrie Courthouse at an estimated
cost of about $20 million over the next 10 years. Assuming that
this lease would qualify as an operating lease under the
government's scorekeeping guidelines, and if it did not contain
a cancellation clause, budget authority would be recorded in
the budget in the year of enactment equal to the estimated
total payments expected over the full term of the lease. (If
the lease contract were to contain a cancellation clause, only
the budget authority that would be necessary for annual lease
payments would be recorded in the budget. For the first year of
the lease, the budget also would record an amount sufficient to
cover costs associated with cancellation.)
Because the authority is not limited to a particular
project or purpose, it is possible that the D.C. Courts could
use the authority in this bill to lease special-purpose
facilities specifically constructed for use by the D.C. Courts.
If appropriated funds are not available for the planned C
Street expansion to the H. Carl Moultrie Courthouse, it is
possible that the D.C. Courts could use the authority provided
in H.R. 3797 to enter into lease-purchase agreements to
facilitate new construction to allow the consolidation of the
Family Court and related services. For such agreements, the
budget records the full cost of the federal obligation when the
leases are initially approved. Using information from the
Master Plan for Judiciary Square, the General Accounting
Office, and the General Services Administration, CBO estimates
that such a new addition would cost $63 million. At this time,
however, we have no basis for predicting whether the authority
that would be provide by H.R. 3797 would be used for such an
addition, and we have not included those costs in this
estimate.
Intergovernmental and private-sector impact: H.R. 3797
contains no private-sector mandates as defined in UMRA. Section
2 of H.R. 3797 contains an intergovernmental mandate because it
would require the District of Columbia's School Board to submit
a comprehensive budget plan to the Mayor and the City Council.
This new requirement constitutes a mandate, but CBO estimates
that the resulting costs would not be significant and would not
exceed the threshold established in UMRA ($60 million in 2004,
adjusted annually for inflation). CBO estimates that the
remaining provisions in the bill would benefit the District of
Columbia by increasing the flexibility of personnel policies
and providing for multiyear contracting authority.
Estimate prepared by: Federal Costs: Matthew Pickford;
Impact on State, Local and Tribal Governments: Sarah Puro; and
Impact on the Private Sector: Paige Piper/Bach.
Estimate approved by: Robert A. Sunshine, Assistant
Director for Budget Analysis.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
DISTRICT OF COLUMBIA HOME RULE ACT
* * * * * * *
TITLE IV--THE DISTRICT CHARTER
* * * * * * *
Part D--District Budget and Financial Management
Subpart 1--Budget and Financial Management
* * * * * * *
FISCAL YEAR
Sec. 441. [The fiscal year] (a) In General.--Except as
provided in subsection (b), the fiscal year of the District
shall, beginning on October 1, 1976, commence on the first day
of October of each year and shall end on the thirtieth day of
September of the succeeding calendar year. Such fiscal year
shall also constitute the budget and accounting year. [However,
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.]
(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.
* * * * * * *
ENACTMENT OF APPROPRIATIONS BY CONGRESS
Sec. 446. The Council, within fifty calendar days after
receipt of the budget proposal from the Mayor, and after public
hearing, shall by act adopt the annual budget for the District
of Columbia government. Any supplements thereto shall also be
adopted by act by the Council after public hearing. Such budget
so adopted shall be submitted by the Mayor to the President for
transmission by him to the Congress. Except as provided in
section 445A(b), section 467(d), section 471(c), section
472(d)(2), section 475(e)(2), section 483(d), and section
490(f), (g), (h)(3), and (i)(3), no amount may be obligated or
expended by any officer or employee of the District of Columbia
government unless such amount has been approved by Act of
Congress, and then only according to such Act. Notwithstanding
any other provision of this Act, the Mayor shall not transmit
any annual budget or amendments or supplements thereto, to the
President of the United States until the completion of the
budget procedures contained in this Act. After the adoption of
the annual budget for a fiscal year (beginning with the annual
budget for fiscal year 1995), no reprogramming of amounts in
the budget may occur unless the Mayor submits to the Council a
request for such reprogramming and the Council approves the
request, but only if any additional expenditures provided under
such request for an activity are offset by reductions in
expenditures for another activity.
* * * * * * *
ANNUAL BUDGET FOR THE BOARD OF EDUCATION
Sec. 452. [With respect to] (a) Role of Mayor and Council.--
With respect to the annual budget for the Board of Education in
the District of Columbia, the Mayor and the Council may
establish the maximum amount of funds which will be allocated
to the Board, but may not specify the purposes for which such
funds may be expended or the amount of such funds which may be
expended for the various programs under the jurisdiction of the
Board of Education. [This section] This subsection shall not
apply with respect to the annual budget for any fiscal year
which is a control year (as defined in section 305(4) of the
District of Columbia Financial Responsibility and Management
Assistance Act of 1995).
(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.
* * * * * * *
----------
TITLE 11, DISTRICT OF COLUMBIA CODE
* * * * * * *
Chapter 17--Administration of District of Columbia Courts
Sec.
Subchapter I--Court Administration
11-1701. Administration of District of Columbia court system.
* * * * * * *
Subchapter III--Duties and Responsibilities
* * * * * * *
11-1742a. Multiyear contracting authority and leasing agreements.
* * * * * * *
Subchapter III--Duties and Responsibilities
* * * * * * *
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.
* * * * * * *
----------
SECTION 1-608.56 OF TITLE 1, DISTRICT OF COLUMBIA CODE
Sec. 1-608.56. Disciplinary action for attorneys other than Senior
Executive Attorneys
(a) Notwithstanding subchapter XVI-A, a Legal Service
attorney, other than a Senior Executive Attorney, shall be
subject to disciplinary action, including removal, suspension,
[or reduction in grade,] reduction in grade, or the placing of
such attorney on enforced annual leave or enforced leave
without pay, for unacceptable performance or for any reason
that is not arbitrary or capricious.
* * * * * * *
----------
FEDERAL DEPOSIT INSURANCE ACT
Sec. 3. As used in this Act--
(a) Definitions of Bank and Related Terms.--
(1) Bank.--The term ``bank''--
(A) means any national bank[, State bank, and
District bank] and State bank, and any Federal
branch and insured branch;
* * * * * * *
[(4) District bank.--The term ``District bank'' means
any State bank operating under the Code of Law of the
District of Columbia.]
* * * * * * *
(q) Appropriate Federal Banking Agency.--The term
``appropriate Federal banking agency'' means--
(1) the Comptroller of the Currency, in the case of
any national banking association[, any District bank,]
or any Federal branch or agency of a foreign bank;
(2) the Board of Governors of the Federal Reserve
System, in the case of--
(A) any State member insured bank [(except a
District bank)],
* * * * * * *
(3) the Federal Deposit Insurance Corporation in the
case of a State nonmember insured bank [(except a
District bank),] or a foreign bank having an insured
branch; and
* * * * * * *
Sec. 7. (a)(1) Each insured State nonmember bank [(except a
District bank)] and each foreign bank having an insured branch
which is not a Federal branch shall make to the Corporation
reports of condition which shall be in such form and shall
contain such information as the Board of Directors may require.
Such reports shall be made to the Corporation on the dates
selected as provided in paragraph (3) of this subsection and
the deposit liabilities shall be reported therein in accordance
with and pursuant to paragraphs (4) and (5) of this subsection.
The Board of Directors may call for additional reports of
condition on dates to be fixed by it and may call for such
other reports as the Board may from time to time require. Any
such bank which (A) maintains procedures reasonably adapted to
avoid any inadvertent error and, unintentionally and as a
result of such an error, fails to make or publish any report
required under this paragraph, within the period of time
specified by the Corporation, or submits or publishes any false
or misleading report or information, or (B) inadvertently
transmits or publishes any report which is minimally late,
shall be subject to a penalty of not more than $2,000 for each
day during which such failure continues or such false or
misleading information is not corrected. Such bank shall have
the burden of proving that an error was inadvertent and that a
report was inadvertently transmitted or published late. Any
such bank which fails to make or publish any report required
under this paragraph, within the period of time specified by
the Corporation, or submits or publishes any false or
misleading report or information, in a manner not described in
the 2nd preceding sentence shall be subject to a penalty of not
more than $20,000 for each day during which such failure
continues or such false or misleading information is not
corrected. Notwithstanding the preceding sentence, if any such
bank knowingly or with reckless disregard for the accuracy of
any information or report described in such sentence submits or
publishes any false or misleading report or information, the
Corporation may assess a penalty of not more than $1,000,000 or
1 percent of total assets of such bank, whichever is less, per
day for each day during which such failure continues or such
false or misleading information is not corrected. Any penalty
imposed under any of the 4 preceding sentences shall be
assessed and collected by the Corporation in the manner
provided in subparagraphs (E), (F), (G), and (I) of section
8(i)(2) (for penalties imposed under such section) and any such
assessment (including the determination of the amount of the
penalty) shall be subject to the provisions of such section.
Any such bank against which any penalty is assessed under this
subsection shall be afforded an agency hearing if such bank
submits a request for such hearing within 20 days after the
issuance of the notice of assessment. Section 8(h) shall apply
to any proceeding under this paragraph.
* * * * * * *
Sec. 10. (a) * * *
(b) Examinations.--
(1) * * *
(2) Regular examinations.--Any examiner appointed
under paragraph (1) shall have power, on behalf of the
Corporation, to examine--
(A) any insured State nonmember bank [(except
a District bank)] or insured State branch of
any foreign bank;
* * * * * * *
Sec. 11. (a) * * *
* * * * * * *
(c) Appointment of Corporation as Conservator or Receiver.--
(1) * * *
(2) Federal depository institutions.--
(A) Appointment.--
(i) Conservator.--The Corporation
may, at the discretion of the
supervisory authority, be appointed
conservator of any insured Federal
depository institution [or District
bank] and the Corporation may accept
such appointment.
(ii) Receiver.--The Corporation shall
be appointed receiver, and shall accept
such appointment, whenever a receiver
is appointed for the purpose of
liquidation or winding up the affairs
of an insured Federal depository
institution [or District bank] by the
appropriate Federal banking agency,
notwithstanding any other provision of
Federal law (other than section 21A of
the Federal Home Loan Bank Act) [or the
code of law for the District of
Columbia].
* * * * * * *
(3) Insured state depository institutions--
(A) Appointment by appropriate state
supervisor.--Whenever the authority having
supervision of any insured State depository
institution [(other than a District depository
institution)] appoints a conservator or
receiver for such institution and tenders
appointment to the Corporation, the Corporation
may accept such appointment.
* * * * * * *
Sec. 18. (a) * * *
* * * * * * *
(c)(1) * * *
(2) No insured depository institution shall merge or
consolidate with any other insured depository institution or,
either directly or indirectly, acquire the assets of, or assume
liability to pay any deposits made in, any other insured
depository institution except with the prior written approval
of the responsible agency, which shall be--
(A) the Comptroller of the Currency if the acquiring,
assuming, or resulting bank is to be a national bank
[or a District bank];
(B) the Board of Governors of the Federal Reserve
System if the acquiring, assuming, or resulting bank is
to be a State member bank [(except a District bank)];
(C) the Corporation if the acquiring, assuming, or
resulting bank is to be a State nonmember insured bank
(except [a District bank or] a savings bank supervised
by the Director of the Office of Thrift Supervision);
and
* * * * * * *
(d)(1) No State nonmember insured bank [(except a District
bank)] shall establish and operate any new domestic branch
unless it shall have the prior written consent of the
Corporation, and no State nonmember insured bank [(except a
District bank)] shall move its main office or any such branch
from one location to another without such consent. No foreign
bank may move any insured branch from one location to another
without such consent. The factors to be considered in granting
or withholding the consent of the Corporation under this
subsection shall be those enumerated in section 6 of this Act.
* * * * * * *
(f) Whenever any insured depository institution (except a
national bank [or a District bank]), after written notice of
the recommendations of the Corporation based on a report of
examination of such insured depository institution by an
examiner of the Corporation, shall fail to comply with such
recommendations within one hundred and twenty days after such
notice, the Corporation shall have the power, and is hereby
authorized, to publish only such part of such report of
examination as relates to any recommendation not complied with:
Provided, That notice of intention to make such publication
shall be given to the insured depository institution at least
ninety days before such publication is made.
* * * * * * *
(i)(1) No insured State nonmember bank [(except a District
bank)] shall, without the prior consent of the Corporation,
reduce the amount or retire any part of its common or preferred
capital stock, or retire any part of its capital notes or
debentures.
(2) No insured Federal depository institution shall convert
into an insured State depository institution if its capital
stock or its surplus will be less than the capital stock or
surplus, respectively, of the converting bank at the time of
the shareholder's meeting approving such conversion, without
the prior written consent of--
[(A) the Comptroller of the Currency if the resulting
bank is to be a District bank;]
[(B)] (A) the Board of Governors of the Federal
Reserve System if the resulting bank is to be a State
member bank [(except a District bank)];
[(C)] (B) the Corporation if the resulting bank is to
be a State nonmember insured bank [(except a District
bank)]; and
[(D)] (C) the Director of the Office of
Thrift Supervision if the resulting institution
is to be an insured State savings association.
* * * * * * *
----------
SECTION 203 OF THE NATIONAL HOUSING ACT
insurance of mortgages
Sec. 203. (a) * * *
* * * * * * *
(s) Whenever the Secretary has taken any discretionary
action to suspend or revoke the approval of any mortgagee to
participate in any mortgage insurance program under this title,
the Secretary shall provide prompt notice of the action and a
statement of the reasons for the action to--
(1) * * *
* * * * * * *
(5) if the mortgagee is a national bank [or District
bank], or a subsidiary or affiliate of such a bank, the
Comptroller of the Currency;
* * * * * * *
----------
BANK HOLDING COMPANY ACT OF 1956
definitions
Sec. 2. (a) * * *
* * * * * * *
(c) Bank Defined.--For purposes of this Act--
(1) * * *
* * * * * * *
[(3) District bank.--The term ``District bank'' means
any bank operating under the Code of Law for the
District of Columbia.]
* * * * * * *
acquisition of bank shares or assets
Sec. 3. (a) * * *
(b)(1) Notice and Hearing Requirements.--Upon receiving from
a company any application for approval under this section, the
Board shall give notice to the Comptroller of the Currency, if
the applicant company or any bank the voting shares or assets
of which are sought to be required is a national banking
association [or a District bank], or to the appropriate
supervisory authority of the interested State, if the applicant
company or any bank the voting shares or assets of which are
sought to be acquired is a State bank, in order to provide for
the submission of the views and recommendations of the
Comptroller of the Currency or the State supervisory authority,
as the case may be. The views and recommendations shall be
submitted within thirty calendar days of the date on which
notice is given, or within ten calendar days of such date if
the Board advises the Comptroller of the Currency or the State
supervisory authority that an emergency exists requiring
expeditious action. If the thirty-day notice period applies and
if the Comptroller of the Currency or the State supervisory
authority so notified by the Board disapproves the application
in writing within this period, the Board shall forthwith give
written notice of that fact to the applicant. Within three days
after giving such notice to the applicant, the Board shall
notify in writing the applicant and the disapproving authority
of the date for commencement of a hearing by it on such
application. Any such hearing shall be commenced not less than
ten or more than thirty days after the Board has given written
notice to the applicant of the action of the disapproving
authority. The length of any such hearing shall be determined
by the Board, but it shall afford all interested parties a
reasonable opportunity to testify at such hearing. At the
conclusion thereof, the Board shall, by order, grant or deny
the application on the basis of the record made at such
hearing. In the event of the failure of the Board to act on any
application for approval under this section within the ninety-
one-day period which begins on the date of submission to the
Board of the complete record on that application, the
application shall be deemed to have been granted.
Notwithstanding any other provision of this subsection, if the
Board finds that it must act immediately on any application for
approval under this section in order to prevent the probable
failure of a bank or bank holding company involved in a
proposed acquisition, merger, or consolidation transaction, the
Board may dispense with the notice requirements of this
subsection, and if notice is given, the Board may request that
the views and recommendations of the Comptroller of the
Currency or the State supervisory authority, as the case may
be, be submitted immediately in any form or by any means
acceptable to the Board. If the Board has found pursuant to
this subsection either that an emergency exists requiring
expeditious action or that it must act immediately to prevent
probable failure, the Board may grant or deny any such
application without a hearing not withstanding any recommended
disapproval by the appropriate supervisory authority.
* * * * * * *
----------
SECTION 2 OF THE BANK PROTECTION ACT OF 1968
Sec. 2. As used in this Act the term ``Federal supervisory
agency'' means--
(1) The Comptroller of the Currency with respect to
national banks [and district banks],
* * * * * * *
----------
DEPOSITORY INSTITUTION MANAGEMENT INTERLOCKS ACT
* * * * * * *
Sec. 207. This title shall be administered and enforced by--
(1) the Comptroller of the Currency with respect to
national banks [and banks located in the District of
Columbia],
* * * * * * *
Sec. 209. Regulations to carry out this title, including
regulations that permit service by a management official that
would otherwise be prohibited by section 203 or section 204, if
such service would not result in a monopoly or substantial
lessening of competition, may be prescribed by--
(1) the Comptroller of the Currency with respect to
national banks [and banks located in the District of
Columbia],
* * * * * * *
----------
SECURITIES AND EXCHANGE ACT OF 1934
* * * * * * *
DEFINITIONS AND APPLICATION OF TITLE
Sec. 3. (a) When used in this title, unless the context
otherwise requires--
(1) * * *
* * * * * * *
(34) The term ``appropriate regulatory agency''
means--
(A) When used with respect to a municipal
securities dealer:
(i) the Comptroller of the Currency,
in the case of a national bank [or a
bank operating under the Code of Law
for the District of Columbia], or a
subsidiary or a department or division
of any such bank;
* * * * * * *
(B) When used with respect to a clearing
agency or transfer agent:
(i) the Comptroller of the Currency,
in the case of a national bank [or a
bank operating under the Code of Law
for the District of Columbia], or a
subsidiary of any such bank;
* * * * * * *
(C) When used with respect to a participant
or applicant to become a participant in a
clearing agency or a person requesting or
having access to services offered by a clearing
agency:
(i) the Comptroller of the Currency,
in the case of a national bank [or a
bank operating under the Code of Law
for the District of Columbia] when the
appropriate regulatory agency for such
clearing agency is not the Commission;
* * * * * * *
(D) When used with respect to an
institutional investment manager which is a
bank the deposits of which are insured in
accordance with the Federal Deposit Insurance
Act:
(i) the Comptroller of the Currency,
in the case of a national bank [or a
bank operating under the Code of Law
for the District of Columbia];
* * * * * * *
(F) When used with respect to a person
exercising investment discretion with respect
to an account:
(i) the Comptroller of the Currency,
in the case of a national bank [or a
bank operating under the Code of Law
for the District of Columbia];
* * * * * * *
(G) When used with respect to a government
securities broker or government securities
dealer, or person associated with a government
securities broker or government securities
dealer:
(i) the Comptroller of the Currency,
in the case of a national bank[, a bank
in the District of Columbia examined by
the Comptroller of the Currency,] or a
Federal branch or Federal agency of a
foreign bank (as such terms are used in
the International Banking Act of 1978);
* * * * * * *
(H) When used with respect to an institution
described in subparagraph (D), (F), or (G) of
section 2(c)(2), or held under section 4(f), of
the Bank Holding Company Act of 1956--
(i) the Comptroller of the Currency,
in the case of a national bank [or a
bank in the District of Columbia
examined by the Comptroller of the
Currency];
* * * * * * *
REGISTRATION REQUIREMENTS FOR SECURITIES
Sec. 12. (a) * * *
* * * * * * *
(i) In respect of any securities issued by banks and savings
associations the deposits of which are insured in accordance
with the Federal Deposit Insurance Act, the powers, functions,
and duties vested in the Commission to administer and enforce
sections 10A(m), 12, 13, 14(a), 14(c), 14(d), 14(f), and 16 of
this Act, and sections 302, 303, 304, 306, 401(b), 404, 406,
and 407 of the Sarbanes-Oxley Act of 2002, (1) with respect to
national banks [and banks operating under the Code of Law for
the District of Columbia] are vested in the Comptroller of the
Currency, (2) with respect to all other member banks of the
Federal Reserve System are vested in the Board of Governors of
the Federal Reserve System, (3) with respect to all other
insured banks are vested in the Federal Deposit Insurance
Corporation, and (4) with respect to savings associations the
accounts of which are insured by the Federal Deposit Insurance
Corporation are vested in the Office of Thrift Supervision. The
Comptroller of the Currency, the Board of Governors of the
Federal Reserve System, the Federal Deposit Insurance
Corporation, and the Office of Thrift Supervision shall have
the power to make such rules and regulations as may be
necessary for the execution of the functions vested in them as
provided in this subsection. In carrying out their
responsibilities under this subsection, the agencies named in
the first sentence of this subsection shall issue substantially
similar regulations to regulations and rules issued by the
Commission under sections 10A(m), 12, 13, 14(a), 14(c), 14(d),
14(f) and 16 of this Act, and sections 302, 303, 304, 306,
401(b), 404, 406, and 407 of the Sarbanes-Oxley Act of 2002,
unless they find that implementation of substantially similar
regulations with respect to insured banks and insured
institutions are not necessary or appropriate in the public
interest or for protection of investors, and publish such
findings, and the detailed reasons therefor, in the Federal
Register. Such regulations of the above-named agencies, or the
reasons for failure to publish such substantially similar
regulations to those of the Commission, shall be published in
the Federal Register within 120 days of the date of enactment
of this subsection, and, thereafter, within 60 days of any
changes made by the Commission in its relevant regulations and
rules.
* * * * * * *
ACCOUNTS AND RECORDS, EXAMINATIONS OF EXCHANGES, MEMBERS, AND OTHERS
Sec. 17. (a) * * *
* * * * * * *
(f)(1) * * *
* * * * * * *
(4) In regard to paragraphs (1), (2), and (3), above insofar
as such paragraphs apply to any bank or member of the Federal
Reserve System, the Commission may delegate its authority to:
(A) the Comptroller of the Currency as to national
banks [and banks operating under the Code of Law for
the District of Columbia];
(B) the Federal Reserve Board in regard to any member
of the Federal Reserve System which is not a national
bank [or a bank operating under the Code of Law for the
District of Columbia]; and
* * * * * * *
----------
SECTION 6 OF THE NATIONAL BANK RECEIVERSHIP ACT
[Sec. 6. That all savings-banks or savings and trust
companies organized under authority of any act of Congress
shall be, and are hereby, required to make, to the Comptroller
of the Currency, and publish, all the reports which national
banking-associations are required to make and publish under the
provisions of section fifty two hundred and eleven, fifty-two
hundred and twelve and fifty two hundred and thirteen, of the
Revised Statutes, and shall be subject to the same penalties
for failure to make or publish such reports as are therein
provided; which penalties may be collected by suit before any
court of the United States in the district in which said
savings banks or savings and trust companies may be located.]
----------
SECTION 9 OF THE FEDERAL RESERVE ACT
Sec. 9. Any bank incorporated by special law of any State, or
organized under the general laws of any State or of the United
States, including Morris Plan banks and other incorporated
banking institutions engaged in similar business, desiring to
become a member of the Federal Reserve System, may make
application to the Board of Governors of the Federal Reserve
System, under such rules and regulations as it may prescribe,
for the right to subscribe to the stock of the Federal reserve
bank organized within the district in which the applying bank
is located. Such application shall be for the same amount of
stock that the applying bank would be required to subscribe to
as a national bank. For the purposes of membership of any such
bank the terms ``capital'' and ``capital stock'' shall include
the amount of outstanding capital notes and debentures legally
issued by the applying bank and purchased by the Reconstruction
Finance Corporation. The Board of Governors of the Federal
Reserve System, subject to the provisions of this Act and to
such conditions as it may prescribe pursuant thereto may permit
the applying bank to become a stockholder of such Federal
reserve bank.
Upon the conversion of a national bank into a State bank, or
the merger or consolidation of a national bank with a State
bank which is not a member of the Federal Reserve System, the
resulting or continuing State bank may be admitted to
membership in the Federal Reserve System by the Board of
Governors of the Federal Reserve System in accordance with the
provisions of this section, but, otherwise, the Federal Reserve
bank stock owned by the national bank shall be canceled and
paid for as provided in section 5 of this Act. Upon the merger
or consolidation of a national bank with a State member bank
under a State charter, the membership of the State bank in the
Federal Reserve System shall continue.
Any such State bank which, at the date of the approval of
this Act, has established and is operating a branch or branches
in conformity with the State law, may retain and operate the
same while remaining or upon becoming a stockholder of such
Federal reserve bank; but no such State bank may retain or
acquire stock in a Federal reserve bank except upon
relinquishment of any branch or branches established after the
date of the approval of this Act beyond the limits of the city,
town, or village in which the parent bank is situated.
Provided, however, That nothing herein contained shall prevent
any State member bank from establishing and operating branches
in the United States or any dependency or insular possession
thereof or in any foreign country, on the same terms and
conditions and subject to the same limitations and restrictions
as are applicable to the establishment of branches by national
banks except that the approval of the Board of Governors of the
Federal Reserve System, instead of the Comptroller of the
Currency, shall be obtained before any State member bank may
hereafter establish any branch and before any State bank
hereafter admitted to membership may retain any branch
established after February 25, 1927, beyond the limits of the
city, town, or village in which the parent bank is situated.
The approval of the Board shall likewise be obtained before any
State member bank may establish any new branch within the
limits of any such city, town, or village [(except within the
District of Columbia)].
* * * * * * *