Pub. L. 108-447, div. J, tit. I, sec. 103

Sec. 103. (a) The District of Columbia Appropriations Act, 2005 (Public Law 108–335) is amended as follows:(1) The paragraph under the heading “Capital Outlay” is amended by striking “For construction projects, an increase of $1,087,649,000, of which $839,898,000 shall be from local funds, $38,542,000 from Highway Trust funds, $37,000,000 from the Rights-of-way funds, $172,209,000 from Federal grant funds, and a rescission of $361,763,000 from local funds appropriated under this heading in prior fiscal years, for a net amount of $725,886,000, to remain available until expended;” and inserting “For construction projects, an increase of $1,102,039,000, of which $839,898,000 shall be from local funds, $38,542,000 from Highway Trust funds, $51,390,000 from the Rights-of-way funds, $172,209,000 from Federal grant funds, and a rescission of $361,763,000 from local funds appropriated under this heading in prior fiscal years, for a net amount of $740,276,000, to remain available until expended;”.(2) Section 340(a) is amended to read as follows:“(a) Section 603(e)(3)(E) of the Student Loan Marketing Association Reorganization Act of 1996 (20 U.S.C. 1155(e)(3)(E)) is amended—“(1) by striking ‘and’ at the end of subclause (II);“(2) by striking the period at the end of subclause (III) and inserting ‘; and’; and“(3) by adding at the end the following new subclause:118 STAT. 3342 “ ‘(IV) obtaining lease guarantees (in accordance with regulations promulgated by the Office of Public Charter School Financing).’.”.(3) Section 342 is amended to read as follows:“Sec. 342.Public School Services to Charter Schools. Section 2209(b) of the District of Columbia School Reform Act of 1995 (sec. 38–1802.09(b), D.C. Official Code) is amended as follows:“(1) In paragraph (1)—“(A) by amending subparagraph (A) to read as follows:“ ‘(A) In general.—Notwithstanding any other provision of law, regulation, or order relating to the disposition of a facility or property described in subparagraph (B), the Mayor and the District of Columbia government shall give a right of first offer with respect to any facility or property described in subparagraph (B) not previously purchased, leased, or transferred, or under contract to be purchased, leased, or transferred, or the subject of a previously proposed resolution submitted by the Mayor on or before December 1, 2004, to the Council of the District of Columbia seeking authority for disposition of such facility or property, or under an Exclusive Rights Agreement executed on or before December 1, 2004, to an eligible applicant whose petition to establish a public charter school has been conditionally approved under section 2203(d)(2), or a Board of Trustees, with respect to the purchase, lease, transfer, or use of a facility or property described in subparagraph (B).’;“(B) by amending subparagraph (B)(iii) to read as follows:“ ‘(iii) with respect to which—“ ‘(I) the Board of Education has transferred jurisdiction to the Mayor and over which the Mayor has jurisdiction on the effective date of this subclause; or“ ‘(II) over which the Mayor or any successor agency gains jurisdiction after the effective date of this subclause.’; and“(C) by adding at the end the following new subparagraph:“ ‘(C) Terms of purchase or lease.—The terms of purchase or lease of a facility or property described in subparagraph (B) shall—“ ‘(i) be negotiated by the Mayor in accordance with written rules or regulations as determined by the Mayor, and published in the District of Columbia Register;“ ‘(ii) include rent or an acquisition price, as applicable, that is at the appraised value of the property based on use of the property for school purposes; and“ ‘(iii) include a lease period, if the property is to be leased, of not less than 25 years, and renewable for additional 25-year periods as long as the eligible applicant or Board of Trustees maintains its charter.’.“(2) In paragraph (2)(A), by striking ‘first preference’ and inserting ‘a right of first offer’.118 STAT. 3343“(3) By adding at the end the following new paragraph:“ ‘(3) Conversion public charter schools.—Any District of Columbia public school that was approved to become a conversion public charter school under section 2201 before the effective date of this subsection or is approved to become a conversion public charter school after the effective date of this subsection, shall have the right to exclusively occupy the facilities the school occupied as a District of Columbia public school under a lease for a period of not less than 25 years, renewable for additional 25-year periods as long as the school maintains its charter at the appraised value of the property based on use of the property for school purposes.’.”. (4) Section 347 is amended by striking paragraphs (1) and (2) and inserting the following:“(1) by striking subsection (f) and inserting the following:“ ‘(f) Audit.—The Board shall maintain its accounts according to Generally Accepted Accounting Principles. The Board shall provide for an audit of the financial statements of the Board by an independent certified public accountant in accordance with Government auditing standards for financial audits issued by the Comptroller General. The findings and recommendations of any such audit shall be forwarded to the Mayor, the Council of the District of Columbia, and the Office of the Chief Financial Officer of the District of Columbia.’; and“(2) by adding at the end the following new subsection:“ ‘(h) Contracting and Procurement.—The Board shall have the authority to solicit, award, and execute contracts independently of the Office of Contracting and Procurement and the Chief Procurement Officer.’.”.(b) The amendments made by this section shall take effect as if included in the enactment of the District of Columbia Appropriations Act, 2005.