[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3995 Reported in House (RH)]
Union Calendar No. 369
106th CONGRESS
2d Session
H. R. 3995
[Report No. 106-663]
To establish procedures governing the responsibilities of court-
appointed receivers who administer departments, offices, and agencies
of the District of Columbia government.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 15, 2000
Ms. Norton (for herself and Mr. Davis of Virginia) introduced the
following bill; which was referred to the Committee on Government
Reform
June 12, 2000
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed
in italic]
[For text of introduced bill, see copy of bill as introduced on March
15, 2000]
_______________________________________________________________________
A BILL
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.
Union Calendar No. 369
106th CONGRESS
2d Session
H. R. 3995
[Report No. 106-663]
_______________________________________________________________________
A BILL
To establish procedures governing the responsibilities of court-
appointed receivers who administer departments, offices, and agencies
of the District of Columbia government.
_______________________________________________________________________
June 12, 2000
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed