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[106th Congress Public Law 397]
[From the U.S. Government Printing Office]

<DOC>
[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.--

[[Page 114 STAT. 1552]]

            (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

[[Page 114 STAT. 1553]]

        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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