IB
Union Calendar No. 369
106TH CONGRESS
2D SESSION
H. R. 3995
[Report No. 106–663]
To establish procedures governing the responsibilities of court-appointed re-
ceivers who administer departments, offices, and agencies of the District
of Columbia government.
IN THE HOUSE OF REPRESENTATIVES
MARCH 15, 2000
Ms. NORTON (for herself and Mr. DAVIS of Virginia) introduced the following
bill; which was referred to the Committee on Government Reform
JUNE 12, 2000
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on March 15, 2000]
A BILL
To establish procedures governing the responsibilities of
court-appointed receivers who administer departments,
offices, and agencies of the District of Columbia govern-
ment.
Be it enacted by the Senate and House of Representa-
tives 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 CO-
LUMBIA 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 suc-
ceeding year to administer any department, agency, or of-
fice of the government of the District of Columbia.
SEC. 3. REQUIREMENTS DESCRIBED.
(a) PROMOTING FINANCIAL STABILITY AND MANAGE-
MENT 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 Colum-
bia shall carry out the administration of such department,
agency, or office through practices which promote the finan-
cial stability and management efficiency of the government
of the District of Columbia.
(b) COST CONTROL.—Each District of Columbia re-
ceiver who is responsible for the administration of a depart-
ment, agency, or office of the government of the District of
Columbia shall ensure that the costs incurred in the admin-
istration of such department, agency, or office (including
personnel costs of the receiver) are consistent with applica-
ble regional and national standards.
(c) USE OF PRACTICES TO PROMOTE EFFICIENT AND
COST-EFFECTIVE ADMINISTRATION.—Each District of Co-
lumbia 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.—
(1) CONSULTATION WITH MAYOR AND CHIEF FI-
NANCIAL OFFICER.—In preparing the annual budget
for a fiscal year for the department, agency, or office
of the government of the District of Columbia admin-
istered by the receiver, each District of Columbia re-
ceiver shall consult with the Mayor and Chief Finan-
cial Officer of the District of Columbia.
(2) SUBMISSION OF ESTIMATES.—After the con-
sultation 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 for-
warded 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 sub-
ject to the Mayor’s recommendations. Notwithstanding
any provision of the District of Columbia Home Rule
Act, the Council may comment or make recommenda-
tions concerning such estimates but shall have no au-
thority 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 adminis-
tered by a District of Columbia receiver for
which, under the terms of the receiver’s appoint-
ment by the court involved, the Mayor and the
Council may revise the annual budget; or
(B) the District of Columbia Housing Au-
thority receiver appointed during 1995.
(5) EFFECTIVE
DATE.—This subsection shall
apply with respect to fiscal year 2001 and each suc-
ceeding fiscal year.
(e) ANNUAL FISCAL, MANAGEMENT, AND PROGRAM
AUDIT.—
(1) IN
GENERAL.—An annual fiscal, manage-
ment, 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 joint-
ly 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 audi-
tor with such information and assistance as the audi-
tor 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 adminis-
tered by a District of Columbia receiver for
which, under the terms of the receiver’s appoint-
ment by the court involved, audits are conducted
by an auditor selected jointly by the parties to
the action under which the receiver was ap-
pointed; or
(B) the District of Columbia Housing Au-
thority 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 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 pro-
curement.
(2) EXCEPTIONS.—
(A) ALTERNATIVE METHODS FOR CERTAIN
PROCUREMENT.—Notwithstanding 
paragraph
(1), a District of Columbia receiver may use al-
ternative methods to carry out procurement if—
(i) the amount involved is nominal;
(ii) the public exigencies require the
immediate delivery of the articles or per-
formance 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 na-
ture 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-DEFI-
CIENCY ACT.
Nothing in subchapter III of chapter 13 of title 31,
United States Code may be construed to waive the applica-
tion of the provisions of such subchapter which apply to
officers or employees of the District of Columbia government
to any District of Columbia receiver.
Union Calendar No. 369
106TH CONGRESS
2D SESSION
H. R. 3995
[Report No. 106–663]
A BILL
To establish procedures governing the responsibil-
ities of court-appointed receivers who administer
departments, offices, and agencies of the District
of Columbia government.
JUNE 12, 2000
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union,
and ordered to be printed