[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3995 Reported in Senate (RS)]






                                                       Calendar No. 943
106th CONGRESS
  2d Session
                                H. R. 3995

                          [Report No. 106-493]


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 13, 2000

  Received; read twice and referred to the Committee on Governmental 
                                Affairs

            October 6 (legislative day, September 22), 2000

              Reported by Mr. Thompson, without amendment

_______________________________________________________________________

                                 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.




                                                       Calendar No. 943

106th CONGRESS

  2d Session

                               H. R. 3995

                          [Report No. 106-493]

_______________________________________________________________________

                                 AN ACT

    To establish procedures governing the responsibilities of court-
 appointed receivers who administer departments, offices, and agencies 
                of the District of Columbia government.

_______________________________________________________________________

            October 6 (legislative day, September 22), 2000

                       Reported without amendment