H. R. 3995—2
(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. Notwith-
standing any provision of the District of Columbia Home Rule
Act, the Council may comment or make recommendations con-
cerning 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 pro-
gram audit of each department, agency, or office of the govern-
ment 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
H. R. 3995—3
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
PROCURE-
MENT.—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 per-
formed by the contractor in person and are of a tech-
nical 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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.