D.C. Law 25-40. District of Columbia Housing Authority Procurement Clarification Temporary Amendment Act of 2023.

AN ACT

To amend the District of Columbia Housing Authority Act of 1999 to clarify that the District of Columbia Housing Authority is subject to the District's procurement statutes; and, to amend the Procurement Practices Reform Act of 2010 to make conforming changes.

BE IT ENACTED BY THE COUNCIL DISTRICT OF COLUMBIA, That this act may be cited as the "District of Columbia Housing Authority Procurement Clarification Temporary Amendment Act of 2023".

Sec. 2. Section 20 of the District of Columbia Housing Authority Act of 1999, effective May 9, 2000 (D.C. Law 13-105; D.C. Official Code § 6-219), is amended as follows:

(a) The existing text is designated as subsection (a).

(b) The newly designated subsection (a) is amended as follows:

(1) Strike the phrase, "Within 180 days of the effective date of this act, the" and insert the word "The" in its place.

(2) Strike the phrase "The Procurement Act shall not apply to contracts and contractors of the Authority, except that Title IX of the Procurement Act shall apply to contract protests, appeals, and claims arising from procurements of the Housing Authority.".

(c) A new subsection (b) is added to read as follows:

"(b) Nothing in this section shall exempt the Board from compliance with section 451 of the Home Rule Act, approved December 24, 1973 (87 Stat. 803; D.C. Official Code § 1-204.51), however, the Board may adopt rules governing procurements involving the expenditure of federal funds that are inconsistent with the Procurement Practices Reform Act of 2010, effective April 8, 2011 (D.C. Law 18-371; D.C. Official Code § 2-351.01 et seq.).".

Sec. 3. The Procurement Practices Reform Act of 2010, effective April 8, 2011 (D.C. Law 18-371; D.C. Official Code 2-351.01 et seq.), is amended as follows:

(a) Section 105(c) (D.C. Official Code 2-351.05(c)) is amended by adding a new paragraph (16A) to read as follows:

"(16A) Procurements by the District of Columbia Housing Authority involving the expenditure of federal funds as provided for in section 20 of the District of Columbia Housing Authority Act of 1999, effective May 9, 2000 (D.C. Law 13-105; D.C. Official Code 6-219).".

(b) Section 201(b)(3) (D.C. Official Code 2-352.01(b)(3)) is amended to read as follows:

"(3) The District of Columbia Housing Authority, except as otherwise provided in section 20 of the District of Columbia Housing Authority Act of 1999, effective May 9, 2000 (D.C. Law 13-105; D.C. Official Code 6-219).".

Sec. 4. Applicability.

This act shall apply as of April 8, 2011.

Sec. 5. Fiscal impact statement.

The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact statement required by section 4a of the General Legislative Procedures Act of 1975, approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).

Sec. 6. Effective date.

(a) This act shall take effect following approval by the Mayor (or in the event of veto by the Mayor, action by the Council to override the veto), a 30-day period of congressional review as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of Columbia Register.

(b) This act shall expire after 225 days of its having taken effect.