District of Columbia Receivership Accountability Act of 2000
PL 106-397 (H.R.3995), enacted 10/30/2000

PUBLIC LAW 106-397—OCT. 30, 2000 
114 STAT. 1651 
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. 
Be it enacted by the Senate and House of Representatives 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 RESPON-
SIBILITIES OVER DISTRICT OF COLUMBIA GOVERNMENT. 
(a) IN GENERAL.—Each District of Colimibia 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 EFFI-
CIENCY.—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 adminis-
tration of such depsirtment, 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-EFFEC-
TiVE 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 gen-
erally accepted fiscal management practices. 
(d) PREPARATION AND SUBMISSION OF BUDGET.— 
Oct. 30, 2000 
{H.R. 3995] 
District of 
Columbia 
Receivership 
Accountability 
Act of 2000. 
114 STAT. 1652 
PUBLIC LAW 106-397—OCT. 30, 2000 
Applicability. 
(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 Coimcil 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 
PUBLIC LAW 106-397—OCT. 30, 2000 
114 STAT. 1653 
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 pEiragraph (1), a District of 
Columbia receiver may use alternative methods to carry 
out procurement if— 
(i) the amount involved is nominal; 
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(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 £ind 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-DEFICDENCY ACT. 
Nothing in subchapter III of chapter 13 of title 31, United 
States Code, may be construed to waive the appUcation 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: 
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.