[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.