H. Rept. 113-37 - 113th Congress (2013-2014)
April 12, 2013, As Reported by the Oversight and Government Reform Committee

Report text available as:

Formatting necessary for an accurate reading of this legislative text may be shown by tags (e.g., <DELETED> or <BOLD>) or may be missing from this TXT display. For complete and accurate display of this text, see the PDF.




House Report 113-37 - DISTRICT OF COLUMBIA CHIEF FINANCIAL OFFICER VACANCY ACT




[House Report 113-37]
[From the U.S. Government Printing Office]


113th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                     113-37

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



 
        DISTRICT OF COLUMBIA CHIEF FINANCIAL OFFICER VACANCY ACT

                                _______
                                

 April 12, 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. 1246]

    The Committee on Oversight and Government Reform, to whom 
was referred the bill (H.R. 1246) to amend the District of 
Columbia Home Rule Act to provide that the District of Columbia 
Treasurer or one of the Deputy Chief Financial Officers of the 
Office of the Chief Financial Officer of the District of 
Columbia may perform the functions and duties of the Office in 
an acting capacity if there is a vacancy in the Office, having 
considered the same, report favorably thereon without amendment 
and recommend that the bill do pass.

                                CONTENTS

                                                                   Page
Committee Statement and Views....................................     2
Section-by-Section...............................................     2
Explanation of Amendments........................................     3
Committee Consideration..........................................     3
Application of Law to the Legislative Branch.....................     3
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..............................     4
Federal Advisory Committee Act...................................     4
Unfunded Mandate Statement.......................................     4
Earmark Identification...........................................     4
Committee Estimate...............................................     4
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

    In the event there is a vacancy in the office of the Chief 
Financial Officer of the District of Columbia, H.R. 1246, the 
District of Columbia Chief Financial Officer Vacancy Act 
authorizes the Mayor of the city to direct one of the five 
Deputy Chief Financial Officers to perform the duties of the 
office, serving as acting CFO until a successor can be 
appointed. If the mayor chooses not to direct a specific 
individual to perform these duties, the District of Columbia 
Treasurer (who is a Deputy CFO) would automatically assume the 
role of acting CFO. The legislation allows an acting CFO to be 
in place for up to 210 days.

                  BACKGROUND AND NEED FOR LEGISLATION

    In the 1990s, the District of Columbia was bankrupt. 
Congress immediately stepped in to pass sweeping legislation to 
right the city's sinking fiscal ship.
    Among the reforms created was the establishment of the 
office of the Chief Financial Officer (CFO) of the city. While 
appointed by the mayor, and confirmed by the city council (and 
reviewed by Congress), this position is independent from the 
city's elected officials to ensure complete autonomy in making 
decisions that will impact DC's financial health.
    Dr. Natwar Gandhi is the city's current CFO, a position he 
has held since 2000. He was reappointed to a five year term in 
June 2012.
    On February 1, 2013, Dr. Gandhi announced that he would be 
retiring from the position effective June 1, 2013.
    The Mayor's office brought to the Committee's attention a 
potential ambiguity in the Home Rule Act that may lead some to 
question whether the Mayor has the authority to fill a 
temporary vacancy in the CFO Office. Any such unfilled vacancy 
in the CFO Office could have serious financial ramifications 
for the city.
    Out of what the Mayor recently described as, ``an abundance 
of caution,'' he requested in writing that Congress clarify 
that the Mayor has the ability to ensure DC has an acting CFO 
until one can be permanently appointed.
    H.R. 1246--which generally parallels the Federal Vacancies 
Reform Act--simply reaffirms that the critical activities 
performed by the CFO office can continue without interruption 
should a vacancy arise.

                          LEGISLATIVE HISTORY

    H.R. 1246 was introduced by Ms. Norton on March 19, 2013. 
The bill was ordered to be reported by voice vote by the full 
Oversight and Government Reform Committee on March 20, 2013.

                           Section-by-Section


Section 1. Short title

    This Act may be cited as the ``District of Columbia Chief 
Financial Officer Vacancy Act.''

Section 2. Authorizing District of Columbia Treasurer or Deputy Chief 
        Financial Officer of the District of Columbia to serve as 
        Acting Chief Financial Officer in the event of a vacancy in 
        office

    This section adds a new paragraph to the DC Home Rule Act 
authorizing the DC Treasurer or a Deputy CFO to perform the CFO 
duties in an acting capacity in the event of a vacancy in 
office.
    Unless the Mayor directly appoints one of the five Deputy 
CFOs as Acting CFO, the DC Treasurer (who is one of the Deputy 
CFOs) will automatically assume the role. None of the Deputy 
CFOs may be appointed acting CFO if they have not served as a 
Deputy CFO for at least 90 days before the vacancy occurs.
    The Acting CFO may only occupy that position for a total of 
210 days, beginning on the date the vacancy occurs.
    This legislation shall apply with respect to any vacancies 
that occur on or after the date of enactment.

                       Explanation of Amendments

    There were no amendments to this legislation.

                        Committee Consideration

    On March 20, 2013, the Committee met in open session and 
ordered reported favorably the bill, H.R. 1246, 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. In 
the event there is a vacancy in the office of the Chief 
Financial Officer of the District of Columbia, the District of 
Columbia Chief Financial Officer Vacancy Act authorizes the 
Mayor of the city to direct one of the five Deputy Chief 
Financial Officers to perform the duties of the office, serving 
as acting CFO until a successor can be appointed. As such this 
bill does not relate to employment or access to public services 
and accommodations.

  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. 1246 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. 1246 does not 
specifically 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 
Mandates 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. 1246 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. 1246. 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. 1246 from the Director of 
Congressional Budget Office:
                                                    March 27, 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. 1246, the District 
of Columbia Chief Financial Officer Vacancy Act.
    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. 1246--District of Columbia Chief Financial Officer Vacancy Act

    CBO estimates that enacting H.R. 1246 would have no effect 
on the federal budget. The bill would amend District of 
Columbia law to allow the District's Treasurer or one of the 
Deputy Chief Financial Officers to perform the functions and 
duties of the Chief Financial Officer of the District of 
Columbia in an acting capacity in the event of a vacancy. H.R. 
1246 would not affect direct spending or revenues; therefore, 
pay-as-you-go procedures do not apply.
    H.R. 1246 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose no costs on state, local, or tribal governments.
    The CBO staff contact for this estimate is Matthew 
Pickford. This 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) * * *

           *       *       *       *       *       *       *

                  (D) Vacancies.--[Any vacancy] Subject to 
                paragraph (3), any vacancy in the Office of 
                Chief Financial Officer shall be filled in the 
                same manner as the original appointment under 
                paragraph (1).

           *       *       *       *       *       *       *

          (3) Authorizing treasurer or deputy cfo to perform 
        duties in acting capacity in event of vacancy in 
        office.--
                  (A) Service as cfo.--
                          (i) In general.--Except as provided 
                        in clause (ii), if there is a vacancy 
                        in the Office of Chief Financial 
                        Officer because the Chief Financial 
                        Officer has died, resigned, or is 
                        otherwise unable to perform the 
                        functions and duties of the Office--
                                  (I) the District of Columbia 
                                Treasurer shall serve as the 
                                Chief Financial Officer in an 
                                acting capacity, subject to the 
                                time limitation of subparagraph 
                                (B); or
                                  (II) the Mayor may direct one 
                                of the Deputy Chief Financial 
                                Officers of the Office referred 
                                to in subparagraphs (A) through 
                                (D) of subsection (a)(3) to 
                                serve as the Chief Financial 
                                Officer in an acting capacity, 
                                subject to the time limitation 
                                of subparagraph (B).
                          (ii) Exclusion of certain 
                        individuals.--Notwithstanding clause 
                        (i), an individual may not serve as the 
                        Chief Financial Officer under such 
                        clause if the individual did not serve 
                        as the District of Columbia Treasurer 
                        or as one of such Deputy Chief 
                        Financial Officers of the Office of the 
                        Chief Financial Officer (as the case 
                        may be) for at least 90 days during the 
                        1-year period which ends on the date 
                        the vacancy occurs.
                  (B) Time limitation.--A vacancy in the Office 
                of the Chief Financial Officer may not be 
                filled by the service of any individual in an 
                acting capacity under subparagraph (A) after 
                the expiration of the 210-day period which 
                begins on the date the vacancy occurs.

           *       *       *       *       *       *       *