H. Rept. 113-267 - 113th Congress (2013-2014)

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House Report 113-267 - AMENDING THE DISTRICT OF COLUMBIA HOME RULE ACT TO CLARIFY THE RULES REGARDING THE DETERMINATION OF THE COMPENSATION OF THE CHIEF FINANCIAL OFFICER OF THE DISTRICT OF COLUMBIA

[House Report 113-267]
[From the U.S. Government Publishing Office]


113th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    113-267

======================================================================

 
 AMENDING THE DISTRICT OF COLUMBIA HOME RULE ACT TO CLARIFY THE RULES 
REGARDING THE DETERMINATION OF THE COMPENSATION OF THE CHIEF FINANCIAL 
                  OFFICER OF THE DISTRICT OF COLUMBIA

                                _______
                                

 November 15, 2013.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

   Mr. Issa, from the Committee on Oversight and Government Reform, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 3343]

    The Committee on Oversight and Government Reform, to whom 
was referred the bill (H.R. 3343) to amend the District of 
Columbia Home Rule Act to clarify the rules regarding the 
determination of the compensation of the Chief Financial 
Officer of the District of Columbia, having considered the 
same, report favorably thereon without amendment and recommend 
that the bill do pass.

                                CONTENTS

                                                                   Page
Committee Statement and Views....................................     1
Section-by-Section...............................................     2
Explanation of Amendments........................................     2
Committee Consideration..........................................     2
Application of Law to the Legislative Branch.....................     2
Statement of Oversight Findings and Recommendations of the 
  Committee......................................................     3
Statement of General Performance Goals and Objectives............     3
Duplication of Federal Programs..................................     3
Disclosure of Directed Rule Makings..............................     3
Federal Advisory Committee Act...................................     3
Unfunded Mandate Statement.......................................     3
Earmark Identification...........................................     3
Committee Estimate...............................................     3
Budget Authority and Congressional Budget Office Cost Estimate...     4
Changes in Existing Law Made by the Bill, as Reported............     5

                     Committee Statement and Views


                          PURPOSE AND SUMMARY

    The District of Columbia sought federal legislation 
altering the maximum allowable compensation for the city's 
Chief Financial Officer (CFO) in order to attract competitive 
candidates to fill an upcoming vacancy in the position. H.R. 
3343 ties the CFO's maximum compensation to that of the maximum 
annual compensation payable to members of the federal 
government's Senior Executive Service (SES).

                  BACKGROUND AND NEED FOR LEGISLATION

    DC's long-servicing CFO, Dr. Natwar Gandhi, announced his 
retirement in early 2013. The city established an executive 
search committee to make successor recommendations to the mayor 
and city council. The search committee suggested that the 
current cap on compensation for the CFO--$199,700--was not 
competitive, considering the size of the city and its $11 
billion annual budget. The city thus requested Congress raise 
the cap.
    The Committee found examples of CFOs in comparable or 
smaller cities with greater compensation. In addition, there 
are a number of CFOs of federal agencies who receive more than 
$200,000 annually. For example, the CFOs and San Diego and the 
Consumer Financial Protection Bureau make $212,000 and $227,000 
respectively.
    Congress created the position of the DC CFO in response to 
the fiscal crisis that bankrupted the city in the 1990s. This 
Committee recognizes the importance of having a capable and 
independent CFO to make decisions that will protect DC's 
financial health.

                          LEGISLATIVE HISTORY

    H.R. 3343 was introduced by Representative Eleanor Holmes 
Norton on October 28, 2013. Substantively identical language 
also was included in H.R. 2793, the District of Columbia 
Financial Efficiency Act, which was unanimously approved by the 
Oversight and Government Reform Committee on July 24, 2013.

                           Section-by-Section


Section 1. Clarification of determination of compensation of Chief 
        Financial Officer of District of Columbia

    This section amends the DC Home Rule Act to raise the total 
allowable compensation for the DC CFO to that of the maximum 
allowable compensation for an SES employee, $230,700. It also 
sets the effective date of this Act on the date of enactment.

                       Explanation of Amendments

    No amendments were offered.

                        Committee Consideration

    On October 29, 2013, the Committee met in open session and 
ordered reported favorably the bill, H.R. 3343, by voice vote, 
a quorum being present.

              Application of Law to the Legislative Branch

    Section 102(b)(3) of Public Law 104-1 requires a 
description of the application of this bill to the legislative 
branch where the bill relates to the terms and conditions of 
employment or access to public services and accommodations. 
This bill ties the DC CFO's maximum compensation to that of the 
maximum annual compensation payable to members of the federal 
government's Senior Executive Service (SES). Legislative branch 
employees and their families, to the extent that they are 
otherwise eligible for the benefits provided by this 
legislation, have equal access to its benefits.

  Statement of Oversight Findings and Recommendations of the Committee

    In compliance with clause 3(c)(1) of rule XIII and clause 
(2)(b)(1) of rule X of the Rules of the House of 
Representatives, the Committee's oversight findings and 
recommendations are reflected in the descriptive portions of 
this report.

         Statement of General Performance Goals and Objectives

    In accordance with clause 3(c)(4) of rule XIII of the Rules 
of the House of Representatives, the Committee's performance 
goals and objectives are reflected in the descriptive portions 
of this report.

                    Duplication of Federal Programs

    No provision of H.R. 3343 establishes or reauthorizes a 
program of the Federal Government known to be duplicative of 
another Federal program, a program that was included in any 
report from the Government Accountability Office to Congress 
pursuant to section 21 of Public Law 111-139, or a program 
related to a program identified in the most recent Catalog of 
Federal Domestic Assistance.

                  Disclosure of Directed Rule Makings

    The Committee estimates that enacting H.R. 3343 does not 
direct the completion of any specific rule makings within the 
meaning of 5 U.S.C. 551.

                     Federal Advisory Committee Act

    The Committee finds that the legislation does not establish 
or authorize the establishment of an advisory committee within 
the definition of 5 U.S.C. App., Section 5(b).

                       Unfunded Mandate Statement

    Section 423 of the Congressional Budget and Impoundment 
Control Act (as amended by Section 101(a)(2) of the Unfunded 
Mandate Reform Act, P.L. 104-4) requires a statement as to 
whether the provisions of the reported include unfunded 
mandates. In compliance with this requirement the Committee has 
received a letter from the Congressional Budget Office included 
herein.

                         Earmark Identification

    H.R. 3343 does not include any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9 of rule XXI.

                           Committee Estimate

    Clause 3(d)(2) of rule XIII of the Rules of the House of 
Representatives requires an estimate and a comparison by the 
Committee of the costs that would be incurred in carrying out 
H.R. 3343. However, clause 3(d)(3)(B) of that rule provides 
that this requirement does not apply when the Committee has 
included in its report a timely submitted cost estimate of the 
bill prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act.

     Budget Authority and Congressional Budget Office Cost Estimate

    With respect to the requirements of clause 3(c)(2) of rule 
XIII of the Rules of the House of Representatives and section 
308(a) of the Congressional Budget Act of 1974 and with respect 
to requirements of clause (3)(c)(3) of rule XIII of the Rules 
of the House of Representatives and section 402 of the 
Congressional Budget Act of 1974, the Committee has received 
the following cost estimate for H.R. 3343 from the Director of 
Congressional Budget Office:

                                                  November 4, 2013.
Hon. Darrell Issa,
Chairman, Committee on Oversight and Government Reform,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 3343, a bill to 
amend the District of Columbia Home Rule Act to clarify the 
rules regarding the determination of the compensation of the 
Chief Financial Officer of the District of Columbia.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Matthew 
Pickford.
            Sincerely,
                                              Douglas W. Elmendorf.
    Enclosure.

H.R. 3343--A bill to amend the District of Columbia Home Rule Act to 
        clarify the rules regarding the determination of the 
        compensation of the Chief Financial Officer of the District of 
        Columbia

    CBO estimates that enacting H.R. 3343 would have no effect 
on the federal budget. The legislation would amend the District 
of Columbia Home Rule Act to increase the maximum pay for the 
chief financial officer (CFO) of the District of Columbia from 
$199,700 to the salary of the Vice President of the United 
States (currently $230,700). The salary of the District's CFO 
is paid for with local funds raised by the District of 
Columbia. Enacting the bill would not affect direct spending or 
revenues; therefore, pay-as-you-go procedures do not apply.
    H.R. 3343 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would not affect the budgets of state, local, or tribal 
governments.
    On September 30, 2013, CBO transmitted a cost estimate for 
H.R. 2793, the District of Columbia Financial Efficiency Act of 
2013, as ordered reported by the House Committee on Oversight 
and Government Reform on July 24, 2013. H.R. 2793 contains a 
provision similar to H.R. 3343, and the estimated costs of 
those provisions are the same.
    The CBO staff contact for this estimate is Matthew 
Pickford. The estimate was approved by Theresa Gullo, Deputy 
Assistant Director for Budget Analysis.

         Changes in Existing Law Made by the Bill, as Reported

In compliance with clause 3(e) of rule XIII of the Rules of the 
House of Representatives, changes in existing law made by the 
bill, as reported, are shown as follows (existing law proposed 
to be omitted is enclosed in black brackets, new matter is 
printed in italic, existing law in which no change is proposed 
is shown in roman):

DISTRICT OF COLUMBIA HOME RULE ACT

           *       *       *       *       *       *       *



TITLE IV--THE DISTRICT CHARTER

           *       *       *       *       *       *       *



Part B--The Mayor

           *       *       *       *       *       *       *



          CHIEF FINANCIAL OFFICER OF THE DISTRICT OF COLUMBIA

  Sec. 424. (a) * * *
  (b) Appointment of the Chief Financial Officer.--
          (1) * * *
          (2) Term.--
                  (A) * * *

           *       *       *       *       *       *       *

                  [(E) Pay.--The Chief Financial Officer shall 
                be paid at an annual rate equal to the rate of 
                basic pay payable for level I of the Executive 
                Schedule.]
                  (E) Pay.--The Chief Financial Officer shall 
                be paid at a rate such that the total amount of 
                compensation paid during any calendar year does 
                not exceed an amount equal to the limit on 
                total pay which is applicable during the year 
                under section 5307 of title 5, United States 
                Code, to an employee described in section 
                5307(d) of such title.

           *       *       *       *       *       *       *