[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3995 Enrolled Bill (ENR)]
H.R.3995
One Hundred Sixth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday,
the twenty-fourth day of January, two thousand
An Act
To establish procedures governing the responsibilities of court-
appointed receivers who administer departments, offices, and agencies of
the District of Columbia government.
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 ``District of Columbia Receivership
Accountability Act of 2000''.
SEC. 2. SPECIAL RULES APPLICABLE TO RECEIVERS WITH RESPONSIBILITIES
OVER DISTRICT OF COLUMBIA GOVERNMENT.
(a) In General.--Each District of Columbia receiver shall be
subject to the requirements described in section 3.
(b) District of Columbia Receiver Defined.--In this Act, a
``District of Columbia receiver'' is any receiver or other official who
is first appointed by the United States District Court for the District
of Columbia or the Superior Court of the District of Columbia during
1995 or any succeeding year to administer any department, agency, or
office of the government of the District of Columbia.
SEC. 3. REQUIREMENTS DESCRIBED.
(a) Promoting Financial Stability and Management Efficiency.--Each
District of Columbia receiver who is responsible for the administration
of a department, agency, or office of the government of the District of
Columbia shall carry out the administration of such department, agency,
or office through practices which promote the financial stability and
management efficiency of the government of the District of Columbia.
(b) Cost Control.--Each District of Columbia receiver who is
responsible for the administration of a department, agency, or office
of the government of the District of Columbia shall ensure that the
costs incurred in the administration of such department, agency, or
office (including personnel costs of the receiver) are consistent with
applicable regional and national standards.
(c) Use of Practices to Promote Efficient and Cost-Effective
Administration.--Each District of Columbia receiver who is responsible
for the administration of a department, agency, or office of the
government of the District of Columbia shall carry out the
administration of such department, agency, or office through the
application of generally accepted accounting principles and generally
accepted fiscal management practices.
(d) Preparation and Submission of Budget.--
(1) Consultation with mayor and chief financial officer.--In
preparing the annual budget for a fiscal year for the department,
agency, or office of the government of the District of Columbia
administered by the receiver, each District of Columbia receiver
shall consult with the Mayor and Chief Financial Officer of the
District of Columbia.
(2) Submission of estimates.--After the consultation required
under paragraph (1), the receiver shall prepare and submit to the
Mayor, for inclusion in the annual budget of the District of
Columbia for the year, the receiver's estimates of the expenditures
and appropriations necessary for the maintenance and operation of
the department, agency, or office for the year.
(3) Treatment by mayor and council.--The estimates submitted
under paragraph (2) shall be forwarded by the Mayor to the Council
for its action pursuant to sections 446 and 603(c) of the District
of Columbia Home Rule Act, without revision but subject to the
Mayor's recommendations. Notwithstanding any provision of the
District of Columbia Home Rule Act, the Council may comment or make
recommendations concerning such estimates but shall have no
authority under such Act to revise such estimates.
(4) Exceptions.--This subsection shall not apply with respect
to--
(A) any department, agency, or office of the government of
the District of Columbia administered by a District of Columbia
receiver for which, under the terms of the receiver's
appointment by the court involved, the Mayor and the Council
may revise the annual budget; or
(B) the District of Columbia Housing Authority receiver
appointed during 1995.
(5) Effective date.--This subsection shall apply with respect
to fiscal year 2001 and each succeeding fiscal year.
(e) Annual Fiscal, Management, and Program Audit.--
(1) In general.--An annual fiscal, management, and program
audit of each department, agency, or office of the government of
the District of Columbia administered by a District of Columbia
receiver shall be conducted by an independent auditor selected
jointly by the receiver involved (or the receiver's designee) and
the Mayor (or the Mayor's designee), and each District of Columbia
receiver shall provide the auditor with such information and
assistance as the auditor may require to conduct such audit.
(2) Exceptions.--Paragraph (1) shall not apply with respect
to--
(A) any department, agency, or office of the government of
the District of Columbia administered by a District of Columbia
receiver for which, under the terms of the receiver's
appointment by the court involved, audits are conducted by an
auditor selected jointly by the parties to the action under
which the receiver was appointed; or
(B) the District of Columbia Housing Authority receiver
appointed during 1995.
(f) Procurement.--
(1) In general.--In carrying out procurement on behalf of the
department, agency, or office of the government of the District of
Columbia administered by the receiver, each District of Columbia
receiver--
(A) shall obtain full and open competition through the use
of competitive procedures; and
(B) shall use the competitive procedure or combination of
competitive procedures which is best suited under the
circumstances of the procurement.
(2) Exceptions.--
(A) Alternative methods for certain procurement.--
Notwithstanding paragraph (1), a District of Columbia receiver
may use alternative methods to carry out procurement if--
(i) the amount involved is nominal;
(ii) the public exigencies require the immediate
delivery of the articles or performance of the service
involved;
(iii) the receiver certifies that only one source of
supply is available; or
(iv) the services involved are required to be performed
by the contractor in person and are of a technical and
professional nature or are performed under the receiver's
supervision and paid for on a time basis.
(B) Housing authority.--Paragraph (1) shall not apply with
respect to the District of Columbia Housing Authority receiver
appointed during 1995.
SEC. 4. CLARIFICATION OF APPLICABILITY OF ANTI-DEFICIENCY ACT.
Nothing in subchapter III of chapter 13 of title 31, United States
Code, may be construed to waive the application of the provisions of
such subchapter which apply to officers or employees of the District of
Columbia government to any District of Columbia receiver.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.