[106th Congress Public Law 397]
[From the U.S. Government Printing Office]
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[DOCID: f:publ397.106]
[[Page 114 STAT. 1551]]
Public Law 106-397
106th Congress
An Act
To establish procedures governing the responsibilities of court-
appointed receivers who administer departments, offices, and agencies of
the District of Columbia government. <<NOTE: Oct. 30, 2000 - [H.R.
3995]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: District of
Columbia Receivership Accountability Act of 2000.>>
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.--
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(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) <<NOTE: Applicability.>> 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
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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.
Approved October 30, 2000.
LEGISLATIVE HISTORY--H.R. 3995:
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HOUSE REPORTS: No. 106-663 (Comm. on Government Reform).
SENATE REPORTS: No. 106-493 (Comm. on Governmental Affairs).
CONGRESSIONAL RECORD, Vol. 146 (2000):
June 12, considered and passed House.
Oct. 12, considered and passed Senate.
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