PUBLIC LAW 106–397—OCT. 30, 2000 114 STAT. 1651

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.

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.—

District of

Columbia

Receivership

Accountability

Act of 2000.

Oct. 30, 2000

[H.R. 3995]

114 STAT. 1652 PUBLIC LAW 106–397—OCT. 30, 2000

(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

Applicability.

PUBLIC LAW 106–397—OCT. 30, 2000 114 STAT. 1653

LEGISLATIVE HISTORY—H.R. 3995:

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.

Æ

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.