II
Calendar No. 943
106TH CONGRESS
2D SESSION
H. R. 3995
[Report No. 106–493]
IN THE SENATE OF THE UNITED STATES
JUNE 13, 2000
Received; read twice and referred to the Committee on Governmental Affairs
OCTOBER 6 (legislative day, SEPTEMBER 22), 2000
Reported by Mr. THOMPSON, without amendment
AN ACT
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 re-
ceiver 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 re-
ceiver 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 Co-
lumbia.
SEC. 3. REQUIREMENTS DESCRIBED.
(a) PROMOTING FINANCIAL STABILITY AND MAN-
AGEMENT EFFICIENCY.—Each District of Columbia re-
ceiver who is responsible for the administration of a de-
partment, agency, or office of the government of the Dis-
trict of Columbia shall carry out the administration of
such department, agency, or office through practices
which promote the financial stability and management ef-
ficiency 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 de-
partment, agency, or office of the government of the Dis-
trict 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 administra-
tion of a department, agency, or office of the government
of the District of Columbia shall carry out the administra-
tion of such department, agency, or office through the ap-
plication of generally accepted accounting principles and
generally accepted fiscal management practices.
(d) PREPARATION AND SUBMISSION OF BUDGET.—
(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 Colum-
bia administered by the receiver, each District of Co-
lumbia 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 re-
ceiver shall prepare and submit to the Mayor, for in-
clusion in the annual budget of the District of Co-
lumbia for the year, the receiver’s estimates of the
expenditures and appropriations necessary for the
maintenance and operation of the department, agen-
cy, 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 ac-
tion pursuant to sections 446 and 603(c) of the Dis-
trict of Columbia Home Rule Act, without revision
but subject to the Mayor’s recommendations. Not-
withstanding any provision of the District of Colum-
bia 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 ad-
ministered by a District of Columbia receiver
for which, under the terms of the receiver’s ap-
pointment 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, agen-
cy, or office of the government of the District of Co-
lumbia administered by a District of Columbia re-
ceiver shall be conducted by an independent auditor
selected jointly by the receiver involved (or the re-
ceiver’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 ad-
ministered by a District of Columbia receiver
for which, under the terms of the receiver’s ap-
pointment by the court involved, audits are con-
ducted by an auditor selected jointly by the par-
ties to the action under which the receiver was
appointed; 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 per-
son and are of a technical and professional
nature or are performed under the receiv-
er’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 govern-
ment to any District of Columbia receiver.
Calendar No. 943
106TH CONGRESS
2D SESSION
H. R. 3995
[Report No. 106–493]
AN ACT
To establish procedures governing the responsibil-
ities of court-appointed receivers who administer
departments, offices, and agencies of the District
of Columbia government.
OCTOBER 6 (legislative day, SEPTEMBER 22), 2000
Reported without amendment