H. R. 5633—21
SEC. 114. No later than 30 days after the end of the first
quarter of the fiscal year ending September 30, 2001, the Mayor
of the District of Columbia shall submit to the Council of the
District of Columbia the new fiscal year 2001 revenue estimates
as of the end of the first quarter of fiscal year 2001. These estimates
shall be used in the budget request for the fiscal year ending
September 30, 2002. The officially revised estimates at midyear
shall be used for the midyear report.
SEC. 115. No sole source contract with the District of Columbia
government or any agency thereof may be renewed or extended
without opening that contract to the competitive bidding process
as set forth in section 303 of the District of Columbia Procurement
Practices Act of 1985 (D.C. Law 6–85; D.C. Code, sec. 1–1183.3),
except that the District of Columbia government or any agency
thereof may renew or extend sole source contracts for which com-
petition is not feasible or practical: Provided, That the determina-
tion as to whether to invoke the competitive bidding process has
been made in accordance with duly promulgated rules and proce-
dures and said determination has been reviewed and approved
by the District of Columbia Financial Responsibility and Manage-
ment Assistance Authority.
SEC. 116. For purposes of the Balanced Budget and Emergency
Deficit Control Act of 1985 (99 Stat. 1037; Public Law 99–177),
the term ‘‘program, project, and activity’’ shall be synonymous with
and refer specifically to each account appropriating Federal funds
in this Act, and any sequestration order shall be applied to each
of the accounts rather than to the aggregate total of those accounts:
Provided, That sequestration orders shall not be applied to any
account that is specifically exempted from sequestration by the
Balanced Budget and Emergency Deficit Control Act of 1985.
SEC. 117. In the event a sequestration order is issued pursuant
to the Balanced Budget and Emergency Deficit Control Act of
1985 (99 Stat. 1037: Public Law 99–177), after the amounts appro-
priated to the District of Columbia for the fiscal year involved
have been paid to the District of Columbia, the Mayor of the
District of Columbia shall pay to the Secretary of the Treasury,
within 15 days after receipt of a request therefor from the Secretary
of the Treasury, such amounts as are sequestered by the order:
Provided, That the sequestration percentage specified in the order
shall be applied proportionately to each of the Federal appropriation
accounts in this Act that are not specifically exempted from seques-
tration by such Act.
SEC. 118. ACCEPTANCE AND USE OF GIFTS. (a) APPROVAL BY
MAYOR.—
(1) IN GENERAL.—An entity of the District of Columbia
government may accept and use a gift or donation during
fiscal year 2001 if—
(A) the Mayor approves the acceptance and use of
the gift or donation (except as provided in paragraph (2));
and
(B) the entity uses the gift or donation to carry out
its authorized functions or duties.
(2) EXCEPTION
FOR
COUNCIL
AND
COURTS.—The Council
of the District of Columbia and the District of Columbia courts
may accept and use gifts without prior approval by the Mayor.
(b) RECORDS AND PUBLIC INSPECTION.—Each entity of the Dis-
trict of Columbia government shall keep accurate and detailed
H. R. 5633—22
records of the acceptance and use of any gift or donation under
subsection (a), and shall make such records available for audit
and public inspection.
(c) INDEPENDENT AGENCIES INCLUDED.—For the purposes of
this section, the term ‘‘entity of the District of Columbia govern-
ment’’ includes an independent agency of the District of Columbia.
(d) EXCEPTION FOR BOARD OF EDUCATION.—This section shall
not apply to the District of Columbia Board of Education, which
may, pursuant to the laws and regulations of the District of
Columbia, accept and use gifts to the public schools without prior
approval by the Mayor.
SEC. 119. None of the Federal funds provided in this Act may
be used by the District of Columbia to provide for salaries, expenses,
or other costs associated with the offices of United States Senator
or United States Representative under section 4(d) of the District
of Columbia Statehood Constitutional Convention Initiatives of 1979
(D.C. Law 3–171; D.C. Code, sec. 1–113(d)).
SEC. 120. (a) MODIFICATION OF CONTRACTING REQUIREMENTS.—
(1) CONTRACTS SUBJECT TO NOTICE REQUIREMENTS.—Sec-
tion 2204(c)(1)(A) of the District of Columbia School Reform
Act (sec. 31–2853.14(c)(1)(A), D.C. Code) is amended to read
as follows:
‘‘(A) NOTICE
REQUIREMENT
FOR
PROCUREMENT
CON-
TRACTS.—
‘‘(i) IN GENERAL.—Except in the case of an emer-
gency (as determined by the eligible chartering
authority of a public charter school), with respect to
any procurement contract proposed to be awarded by
the public charter school and having a value equal
to or exceeding $25,000, the school shall publish a
notice of a request for proposals in the District of
Columbia Register and newspapers of general circula-
tion not less than 7 days prior to the award of the
contract.
‘‘(ii) EXCEPTION
FOR
CERTAIN
CONTRACTS.—The
notice requirement of clause (i) shall not apply with
respect to any contract for the lease or purchase of
real property by a public charter school, any employ-
ment contract for a staff member of a public charter
school, or any management contract entered into by
a public charter school and the management company
designated in its charter or its petition for a revised
charter.’’.
(2) SUBMISSION
OF
CONTRACTS
TO
ELIGIBLE
CHARTERING
AUTHORITY.—Section 2204(c)(1)(B) of such Act (sec. 31–
2853.14(c)(1)(B), D.C. Code) is amended—
(A) in the heading, by striking ‘‘AUTHORITY’’ and
inserting ‘‘ELIGIBLE CHARTERING AUTHORITY’’;
(B) in clause (i), by striking ‘‘Authority’’ and inserting
‘‘eligible chartering authority’’; and
(C) by amending clause (ii) to read as follows:
‘‘(ii) EFFECTIVE
DATE
OF
CONTRACT.—A contract
described in subparagraph (A) shall become effective
on the date that is 10 days after the date the school
makes the submission under clause (i) with respect
to the contract, or the effective date specified in the
contract, whichever is later.’’.
H. R. 5633—23
(b) CLARIFICATION OF APPLICATION OF SCHOOL REFORM ACT.—
(1) WAIVER OF DUPLICATE AND CONFLICTING PROVISIONS.—
Section 2210 of such Act (sec. 31–2853.20, D.C. Code) is
amended by adding at the end the following new subsection:
‘‘(d) WAIVER OF APPLICATION OF DUPLICATE AND CONFLICTING
PROVISIONS.—Notwithstanding any other provision of law, and
except as otherwise provided in this title, no provision of any
law regarding the establishment, administration, or operation of
public charter schools in the District of Columbia shall apply with
respect to a public charter school or an eligible chartering authority
to the extent that the provision duplicates or is inconsistent with
any provision of this title.’’.
(2) EFFECTIVE DATE.—The amendments made by this sub-
section shall take effect as if included in the enactment of
the District of Columbia School Reform Act of 1995.
(c) LICENSING REQUIREMENTS FOR PRESCHOOL OR PREKINDER-
GARTEN PROGRAMS.—
(1) IN
GENERAL.—Section 2204(c) of such Act (sec. 31–
2853.14(c), D.C. Code) is amended by adding at the end the
following new paragraph:
‘‘(18) LICENSING AS CHILD DEVELOPMENT CENTER.—A public
charter school which offers a preschool or prekindergarten pro-
gram shall be subject to the same child care licensing require-
ments (if any) which apply to a District of Columbia public
school which offers such a program.’’.
(2) CONFORMING AMENDMENTS.—(A) Section 2202 of such
Act (sec. 31–2853.12, D.C. Code) is amended by striking clause
(17).
(B) Section 2203(h)(2) of such Act (sec. 31–2853.13(h)(2),
D.C. Code) is amended by striking ‘‘(17),’’.
(d) Section 2403 of the District of Columbia School Reform
Act of 1995 (sec. 31–2853.43, D.C. Code) is amended by adding
at the end the following new subsection:
‘‘(c) ASSIGNMENT OF PAYMENTS.—A public charter school may
assign any payments made to the school under this section to
a financial institution for use as collateral to secure a loan or
for the repayment of a loan.’’.
(e) Section 2210 of the District of Columbia School Reform
Act of 1995 (sec. 31–2853.20, D.C. Code), as amended by subsection
(b), is further amended by adding at the end the following new
subsection:
‘‘(e) PARTICIPATION IN GSA PROGRAMS.—
‘‘(1) IN GENERAL.—Notwithstanding any provision of this
Act or any other provision of law, a public charter school
may acquire goods and services through the General Services
Administration and may participate in programs of the
Administration in the same manner and to the same extent
as any entity of the District of Columbia government.
‘‘(2) PARTICIPATION BY CERTAIN ORGANIZATIONS.—A public
charter school may delegate to a nonprofit, tax-exempt organiza-
tion in the District of Columbia the public charter school’s
authority under paragraph (1).’’.
SEC. 121. REPORTING REQUIREMENTS
FOR
THE DISTRICT
OF
COLUMBIA PUBLIC SCHOOLS AND THE UNIVERSITY OF THE DISTRICT
OF COLUMBIA. (a) The Superintendent of the District of Columbia
Public Schools (DCPS) and the University of the District of
H. R. 5633—24
Columbia (UDC) shall each submit to the Committees on Appropria-
tions of the House of Representatives and Senate, the Committee
on Government Reform of the House of Representatives, and the
Committee on Governmental Affairs of the Senate no later than
15 calendar days after the end of each quarter a report that sets
forth—
(1) current quarter expenditures and obligations, year-to-
date expenditures and obligations, and total fiscal year expendi-
ture projections versus budget broken out on the basis of control
center, responsibility center, and object class, and for all funds,
non-appropriated funds, and capital financing;
(2) a list of each account for which spending is frozen
and the amount of funds frozen, broken out by control center,
responsibility center, detailed object, and for all funding
sources;
(3) a list of all active contracts in excess of $10,000
annually, which contains the name of each contractor; the
budget to which the contract is charged, broken out on the
basis of control center, responsibility center, and agency
reporting code; and contract identifying codes used by DCPS
and UDC; payments made in the last quarter and year-to-
date, the total amount of the contract and total payments
made for the contract and any modifications, extensions,
renewals; and specific modifications made to each contract in
the last month;
(4) all reprogramming requests and reports that are
required to be, and have been, submitted to the Board of
Education;
(5) all reprogramming requests and reports that have been
made by UDC within the last quarter in compliance with
applicable law; and
(6) changes made in the last quarter to the organizational
structure of DCPS and UDC, displaying for each entity previous
and current control centers and responsibility centers, the
names of the organizational entities that have been changed,
the name of the staff member supervising each entity affected,
and the reasons for the structural change.
(b) The Superintendent of DCPS and UDC shall annually com-
pile an accurate and verifiable report on the positions and employees
in the public school system and the university, respectively. The
annual report shall—
(1) set forth the number of validated schedule A positions
in the District of Columbia public schools and UDC for fiscal
year 2001, and thereafter on full-time equivalent basis,
including a compilation of all positions by control center, respon-
sibility center, funding source, position type, position title, pay
plan, grade, and annual salary;
(2) set forth a compilation of all employees in the District
of Columbia public schools and UDC as of the preceding
December 31, verified as to its accuracy in accordance with
the functions that each employee actually performs, by control
center, responsibility center, agency reporting code, program
(including funding source), activity, location for accounting pur-
poses, job title, grade and classification, annual salary, and
position control number; and