[House Report 117-134]
[From the U.S. Government Publishing Office]
117th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 117-134
======================================================================
DISTRICT OF COLUMBIA CHIEF FINANCIAL OFFICER
SALARY HOME RULE ACT
_______
October 1 (legislative day, September 30), 2021.--Committed to the
Committee of the Whole House on the State of the Union and ordered to
be printed
_______
Mrs. Carolyn B. Maloney of New York, from the Committee on Oversight
and Reform, submitted the following
R E P O R T
together with
ADDITIONAL VIEWS
[To accompany H.R. 1204]
[Including cost estimate of the Congressional Budget Office]
The Committee on Oversight and Reform, to whom was referred
the bill (H.R. 1204) to amend the District of Columbia Home
Rule Act to permit the District of Columbia to establish the
rate of pay of the Chief Financial Officer of the District of
Columbia, having considered the same, reports favorably thereon
with an amendment and recommends that the bill as amended do
pass.
CONTENTS
Page
Summary and Purpose of Legislation............................... 2
Background and Need for Legislation.............................. 2
Section-by-Section Analysis...................................... 3
Legislative History.............................................. 3
Committee Consideration.......................................... 3
Explanation of Amendments........................................ 3
List of Related Committee Hearings............................... 4
Statement of Oversight Findings and Recommendations of the
Committee...................................................... 4
Statement of General Performance Goals and Objectives............ 4
Application of Law to the Legislative Branch..................... 4
Duplication of Federal Programs.................................. 4
Disclosure of Directed Rule Makings.............................. 4
Federal Advisory Committee Act Statement......................... 4
Unfunded Mandates Reform Act Statement........................... 5
Earmark Identification........................................... 5
Committee Cost Estimate.......................................... 5
New Budget Authority and Congressional Budget Office Cost
Estimate....................................................... 5
Changes in Existing Law Made by the Bill, as Reported............ 6
Additional Views................................................. 15
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``District of Columbia Chief Financial
Officer Salary Home Rule Act''.
SEC. 2. PERMITTING DISTRICT OF COLUMBIA TO ESTABLISH RATE OF PAY OF
CHIEF FINANCIAL OFFICER OF DISTRICT OF COLUMBIA.
Section 424(b)(2)(E) of the District of Columbia Home Rule Act (sec.
1-204.24b(b)(5), D.C. Official Code) is amended to read as follows:
``(E) Pay.--The Chief Financial Officer shall be paid
at the greater of--
``(i) a rate such that the total amount of
compensation paid during any calendar year is
equal to the limit on total pay which is
applicable during such year under section 5307
of title 5, United States Code, to an employee
described in section 5307(d) of such title; or
``(ii) a rate established in law by the
District of Columbia, except that any rate
established under this clause which is
applicable to any individual serving as the
Chief Financial Officer shall not be reduced
during any period of such individual's service
as the Chief Financial Officer.''.
Summary and Purpose of Legislation
The District of Columbia Chief Financial Officer Salary
Home Rule Act would establish a minimum rate of pay of the
Chief Financial Officer (CFO) of the District of Columbia and
authorize D.C. to establish a rate of pay of the CFO in law
above the minimum rate.
Background and Need for Legislation
In 1995, Congress established the CFO to manage D.C.'s
financial operations.\1\ The District's CFO is paid with local
funds, not federal funds, but by law, the CFO may not be paid
at a rate greater than the maximum rate established by
Congress.\2\ Congress has established various rates of pay of
the CFO. Initially, Congress established a maximum rate of
pay.\3\ Congress then established a fixed rate of pay.\4\ Most
recently, Congress again established a maximum rate of pay.\5\
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\1\Pub. L. No. 104-8 (1995).
\2\Pub. L. No. 93-198 (1973).
\3\Id.
\4\Pub. L. No. 107-96 (2001).
\5\Pub. L. No. 113-71 (2013).
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Congress does not establish a maximum rate of pay of any
other D.C. employee. Under the D.C. Home Rule Act, the D.C.
Council does not have the authority to change the maximum rate
of pay of the CFO.\6\
---------------------------------------------------------------------------
\6\Id.
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The District of Columbia Chief Financial Officer Salary
Home Rule Act was introduced at the request of D.C. to enable
the District to recruit and retain the best candidates for CFO.
A number of government chief financial officers are paid more
than the District's CFO on a real basis. For example, adjusted
for the cost of living, the chief financial officer of the City
of San Antonio is paid approximately 70% more than the
District's CFO.\7\
---------------------------------------------------------------------------
\7\City of San Antonio, Total Compensation for All City of San
Antonio Employees (online at www.sanantonio.gov/Finance/bfi/CityComp2)
(accessed July 6, 2021).
---------------------------------------------------------------------------
Congress established the CFO to be independent of the D.C.
Mayor and Council. The CFO may only be removed for cause by the
Mayor, subject to the approval of two-thirds of the members of
the Council and a 30-day congressional review and comment
period.\8\ The bill would preserve the independence of the CFO
by establishing a minimum rate of pay, and, if the rate of pay
is established by D.C., by prohibiting the Council from
reducing the rate applicable to an individual serving as CFO
during such individual's service.
---------------------------------------------------------------------------
\8\Pub. L. No. 93-198 (1973).
---------------------------------------------------------------------------
Section-by-Section Analysis
Section 1. Short title
The short title is the ``District of Columbia Chief
Financial Officer Salary Home Rule Act.''
Section 2. Permitting District of Columbia to establish rate of pay of
Chief Financial Officer of District of Columbia
This section provides that the CFO of the District of
Columbia shall be paid at the greater of a rate equal to the
limit on total pay for an employee described in 5 U.S.C.
Sec. 5307(d), or a rate established in law by D.C. If the rate
of pay is established by D.C., the rate applicable to an
individual serving as CFO may not be reduced during the period
of such individual's service.
Legislative History
On February 22, 2021, Congresswoman Eleanor Holmes Norton
(D-DC) introduced H.R. 1204, and the bill was referred to the
Committee on Oversight and Reform.
Committee Consideration
On June 29, 2021, the Committee on Oversight and Reform
considered H.R. 1204 at a business meeting with a quorum
present. Chairwoman Carolyn B. Maloney (D-NY) offered an
amendment in the nature of a substitute (ANS). The ANS was
adopted by voice vote, and the Committee ordered the bill, as
amended, reported favorably by voice vote.
Roll Call Votes
In compliance with clause 3(b) of rule XIII of the Rules of
the House of Representatives, the Committee advises that no
roll call votes occurred during the Committee's consideration
of H.R. 1204.
Explanation of Amendments
During Committee consideration of the bill, Chairwoman
Carolyn B. Maloney (D-NY) offered an amendment in the nature of
a substitute (ANS) that made minor technical changes to the
bill. The ANS was adopted by voice vote.
List of Related Committee Hearings
In accordance with section 103(i) of H. Res. 6, the
Committee held a hearing to consider the proposals set forth in
H.R. 1204 on March 22, 2021.
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 finds that the rate of pay of
the CFO of the District of Columbia should be changed to enable
D.C. to recruit and retain the best candidates for the CFO,
such that the Committee recommends the adoption of the bill
(H.R. 1204) to establish a minimum rate of pay of the CFO and
to authorize D.C. to establish a rate of pay of the CFO in law
above the minimum rate.
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
goal or objective of the bill is to enable the District of
Columbia to recruit and retain the best candidates for the CFO
of the District of Columbia.
Application of Law to the Legislative Branch
Section 102(b)(3) of Public Law 104-1 requires a
description of the application of the bill to the legislative
branch where the bill relates to the terms and conditions of
employment or access to public services and accommodations. The
bill establishes a minimum rate of pay of the CFO of the
District of Columbia and authorizes D.C. to establish a rate of
pay of the CFO in law above the minimum rate. The bill does not
relate to employment or access to public services and
accommodations.
Duplication of Federal Programs
In accordance with clause 3(c)(5) of rule XIII of the Rules
of the House of Representatives, no provision of the bill
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 bill does not direct the completion of any specific
rule makings within the meaning of section 551 of title 5,
United States Code.
Federal Advisory Committee Act Statement
The bill does not establish or authorize the establishment
of an advisory committee within the definition of section 5(b)
of the appendix to title 5, United States Code.
Unfunded Mandates Reform Act Statement
Pursuant to section 423 of the Congressional Budget Act of
1974, the Committee includes a letter received from the
Congressional Budget Office.
Earmark Identification
The bill does not include any congressional earmarks,
limited tax benefits, or limited tariff benefits, as defined in
clause 9 of rule XXI of the Rules of the House of
Representatives.
Committee Cost Estimate
Pursuant to clause 3(d)(2)(B) of rule XIII of the Rules of
the House of Representatives, the Committee includes a cost
estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974.
New Budget Authority and Congressional Budget Office Cost Estimate
Pursuant to clause 3(c)(3) of rule XIII of the Rules of the
House of Representatives, the cost estimate prepared by the
Congressional Budget Office and submitted pursuant to section
402 of the Congressional Budget Act of 1974 is as follows:
U.S. Congress,
Congressional Budget Office,
Washington, DC, October 1, 2021.
Hon. Carolyn B. Maloney,
Chairwoman, Committee on Oversight and Reform,
House of Representatives, Washington, DC.
Dear Madam Chairwoman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 1204, the District
of Columbia Chief Financial Officer Salary Home Rule Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Matthew
Pickford.
Sincerely,
Phillip L. Swagel,
Director.
Enclosure.
H.R. 1204 would amend the District of Columbia Home Rule
Act to allow the District of Columbia to increase the pay for
its chief financial officer (CFO). The salary of the District's
CFO is paid with local funds raised by the District of
Columbia. On that basis, CBO estimates that enacting H.R. 1204
would have no effect on the federal budget.
The CBO staff contact for this estimate is Matthew
Pickford. The estimate was reviewed by H. Samuel Papenfuss,
Deputy Director of 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 italics, and 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) In General.--
(1) Establishment.--There is hereby established
within the executive branch of the government of the
District of Columbia an Office of the Chief Financial
Officer of the District of Columbia (hereafter referred
to as the ``Office''), which shall be headed by the
Chief Financial Officer of the District of Columbia
(hereafter referred to as the ``Chief Financial
Officer'').
(2) Organizational analysis.--
(A) Office of budget and planning.--The name
of the Office of Budget and Management,
established by Commissioner's Order 69-96,
issued March 7, 1969, is changed to the Office
of Budget and Planning.
(B) Office of tax and revenue.--The name of
the Department of Finance and Revenue,
established by Commissioner's Order 69-96,
issued March 7, 1969, is changed to the Office
of Tax and Revenue.
(C) Office of finance and treasury.--The name
of the Office of Treasurer, established by
Mayor's Order 89-244, dated October 23, 1989,
is changed to the Office of Finance and
Treasury.
(D) Office of financial operations and
systems.--The Office of the Controller,
established by Mayor's Order 89-243, dated
October 23, 1989, and the Office of Financial
Information Services, established by Mayor's
Order 89-244, dated October 23, 1989, are
consolidated into the Office of Financial
Operations and Systems.
(3) Transfers.--Effective with the appointment of the
first Chief Financial Officer under subsection (b), the
functions and personnel of the following offices are
established as subordinate offices within the Office:
(A) The Office of Budget and Planning, headed
by the Deputy Chief Financial Officer for the
Office of Budget and Planning.
(B) The Office of Tax and Revenue, headed by
the Deputy Chief Financial Officer for the
Office of Tax and Revenue.
(C) The Office of Research and Analysis,
headed by the Deputy Chief Financial Officer
for the Office of Research and Analysis.
(D) The Office of Financial Operations and
Systems, headed by the Deputy Chief Financial
Officer for the Office of Financial Operations
and Systems.
(E) The Office of Finance and Treasury,
headed by the District of Columbia Treasurer.
(F) The Lottery and Charitable Games Control
Board, established by the Law to Legalize
Lotteries, Daily Numbers Games, and Bingo and
Raffles for Charitable Purposes in the District
of Columbia, effective March 10, 1981 (D.C. Law
3-172; D.C. Official Code Sec. 3-1301 et seq.).
(4) Supervisor.--The heads of the offices listed in
paragraph (3) of this section shall serve at the
pleasure of the Chief Financial Officer.
(5) Appointment and removal of office employees.--The
Chief Financial Officer shall appoint the heads of the
subordinate offices designated in paragraph (3), after
consultation with the Mayor and the Council. The Chief
Financial Officer may remove the heads of the offices
designated in paragraph (3), after consultation with
the Mayor and the Council.
(6) Annual budget submission.--The Chief Financial
Officer shall prepare and annually submit to the Mayor
of the District of Columbia, for inclusion in the
annual budget of the District of Columbia government
for a fiscal year, annual estimates of the expenditures
and appropriations necessary for the year for the
operation of the Office and all other District of
Columbia accounting, budget, and financial management
personnel (including personnel of executive branch
independent agencies) that report to the Office
pursuant to this Act.
(b) Appointment of the Chief Financial Officer.--
(1) Appointment.--
(A) In general.--The Chief Financial Officer
shall be appointed by the Mayor with the advice
and consent, by resolution, of the Council.
Upon confirmation by the Council, the name of
the Chief Financial Officer shall be submitted
to the Committees on Appropriations of the
House of Representatives and Senate, the
Committee on Government Reform of the House of
Representatives, and the Committee on Homeland
Security and Governmental Affairs of the Senate
for a 30-day period of review and comment
before the appointment takes effect.
(B) Special rule for control years.--During a
control year, the Chief Financial Officer shall
be appointed by the Mayor as follows:
(i) Prior to the appointment, the
Authority may submit recommendations
for the appointment to the Mayor.
(ii) In consultation with the
Authority and the Council, the Mayor
shall nominate an individual for
appointment and notify the Council of
the nomination.
(iii) After the expiration of the 7-
day period which begins on the date the
Mayor notifies the Council of the
nomination under clause (ii), the Mayor
shall notify the Authority of the
nomination.
(iv) The nomination shall be
effective subject to approval by a
majority vote of the Authority.
(2) Term.--
(A) In general.--All appointments made after
June 30, 2007, shall be for a term of 5 years,
except for appointments made for the remainder
of unexpired terms. The appointments shall have
an anniversary date of July 1.
(B) Transition.--For purposes of this
section, the individual serving as Chief
Financial Officer as of the date of enactment
of the 2005 District of Columbia Omnibus
Authorization Act shall be deemed to have been
appointed under this subsection, except that
such individual's initial term of office shall
begin upon such date and shall end on June 30,
2007.
(C) Continuance.--Any Chief Financial Officer
may continue to serve beyond his term until a
successor takes office.
(D) Vacancies.--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).
[(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.]
(E) Pay.--The Chief Financial Officer shall
be paid at the greater of--
(i) a rate such that the total amount
of compensation paid during any
calendar year is equal to the limit on
total pay which is applicable during
such year under section 5307 of title
5, United States Code, to an employee
described in section 5307(d) of such
title; or
(ii) a rate established in law by the
District of Columbia, except that any
rate established under this clause
which is applicable to any individual
serving as the Chief Financial Officer
shall not be reduced during any period
of such individual's service as the
Chief Financial Officer.
(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.
(c) Removal of the Chief Financial Officer.--
(1) In general.--The Chief Financial Officer may only
be removed for cause by the Mayor, subject to the
approval of the Council by a resolution approved by not
fewer than \2/3\ of the members of the Council. After
approval of the resolution by the Council, notice of
the removal shall be submitted to the Committees on
Appropriations of the House of Representatives and
Senate, the Committee on Government Reform of the House
of Representatives, and the Committee on Homeland
Security and Governmental Affairs of the Senate for a
30-day period of review and comment before the removal
takes effect.
(2) Special rule for control years.--During a control
year, the Chief Financial Officer may be removed for
cause by the Authority or by the Mayor with the
approval of the Authority.
(d) Duties of the Chief Financial Officer.--Notwithstanding
any provisions of this Act which grant authority to other
entities of the District government, the Chief Financial
Officer shall have the following duties and shall take such
steps as are necessary to perform these duties:
(1) During a control year, preparing the financial
plan and the budget for the use of the Mayor for
purposes of subtitle A of title II of the District of
Columbia Financial Responsibility and Management
Assistance Act of 1995.
(2) Preparing the budgets of the District of Columbia
for the year for the use of the Mayor for purposes of
part D and preparing the 5-year financial plan based
upon the adopted budget for submission with the
District of Columbia budget by the Mayor to Congress.
(3) During a control year, assuring that all
financial information presented by the Mayor is
presented in a manner, and is otherwise consistent
with, the requirements of the District of Columbia
Financial Responsibility and Management Assistance Act
of 1995.
(4) Implementing appropriate procedures and
instituting such programs, systems, and personnel
policies within the Chief Financial Officer's
authority, to ensure that budget, accounting, and
personnel control systems and structures are
synchronized for budgeting and control purposes on a
continuing basis and to ensure that appropriations are
not exceeded.
(5) Preparing and submitting to the Mayor and the
Council, with the approval of the Authority during a
control year, and making public--
(A) annual estimates of all revenues of the
District of Columbia (without regard to the
source of such revenues), including proposed
revenues, which shall be binding on the Mayor
and the Council for purposes of preparing and
submitting the budget of the District
government for the year under part D of this
title, except that the Mayor and the Council
may prepare the budget based on estimates of
revenues which are lower than those prepared by
the Chief Financial Officer; and
(B) quarterly re-estimates of the revenues of
the District of Columbia during the year.
(6) Supervising and assuming responsibility for
financial transactions to ensure adequate control of
revenues and resources.
(7) Maintaining systems of accounting and internal
control designed to provide--
(A) full disclosure of the financial impact
of the activities of the District government;
(B) adequate financial information needed by
the District government for management
purposes;
(C) effective control over, and
accountability for, all funds, property, and
other assets of the District of Columbia; and
(D) reliable accounting results to serve as
the basis for preparing and supporting agency
budget requests and controlling the execution
of the budget.
(8) Submitting to the Council a financial statement
of the District government, containing such details and
at such times as the Council may specify.
(9) Supervising and assuming responsibility for the
assessment of all property subject to assessment and
special assessments within the corporate limits of the
District of Columbia for taxation, preparing tax maps,
and providing such notice of taxes and special
assessments (as may be required by law).
(10) Supervising and assuming responsibility for the
levying and collection of all taxes, special
assessments, licensing fees, and other revenues of the
District of Columbia (as may be required by law), and
receiving all amounts paid to the District of Columbia
from any source (including the Authority).
(11) Maintaining custody of all public funds
belonging to or under the control of the District
government (or any department or agency of the District
government), and depositing all amounts paid in such
depositories and under such terms and conditions as may
be designated by the Council (or by the Authority
during a control year).
(12) Maintaining custody of all investment and
invested funds of the District government or in
possession of the District government in a fiduciary
capacity, and maintaining the safekeeping of all bonds
and notes of the District government and the receipt
and delivery of District government bonds and notes for
transfer, registration, or exchange.
(13) Apportioning the total of all appropriations and
funds made available during the year for obligation so
as to prevent obligation or expenditure in a manner
which would result in a deficiency or a need for
supplemental appropriations during the year, and (with
respect to appropriations and funds available for an
indefinite period and all authorizations to create
obligations by contract in advance of appropriations)
apportioning the total of such appropriations, funds,
or authorizations in the most effective and economical
manner.
(14) Certifying all contracts and leases (whether
directly or through delegation) prior to execution as
to the availability of funds to meet the obligations
expected to be incurred by the District government
under such contracts and leases during the year.
(15) Prescribing the forms of receipts, vouchers,
bills, and claims to be used by all agencies, offices,
and instrumentalities of the District government.
(16) Certifying and approving prior to payment of all
bills, invoices, payrolls, and other evidences of
claims, demands, or charges against the District
government, and determining the regularity, legality,
and correctness of such bills, invoices, payrolls,
claims, demands, or charges.
(17) In coordination with the Inspector General of
the District of Columbia, performing internal audits of
accounts and operations and records of the District
government, including the examination of any accounts
or records of financial transactions, giving due
consideration to the effectiveness of accounting
systems, internal control, and related administrative
practices of the departments and agencies of the
District government.
(18) Exercising responsibility for the administration
and supervision of the District of Columbia Treasurer.
(19) Supervising and administering all borrowing
programs for the issuance of long-term and short-term
indebtedness, as well as other financing-related
programs of the District government.
(20) Administering the cash management program of the
District government, including the investment of
surplus funds in governmental and non-governmental
interest-bearing securities and accounts.
(21) Administering the centralized District
government payroll and retirement systems (other than
the retirement system for police officers, fire
fighters, and teachers).
(22) Governing the accounting policies and systems
applicable to the District government.
(23) Preparing appropriate annual, quarterly, and
monthly financial reports of the accounting and
financial operations of the District government.
(24) Not later than 120 days after the end of each
fiscal year, preparing the complete financial statement
and report on the activities of the District government
for such fiscal year, for the use of the Mayor under
section 448(a)(4).
(25) Preparing fiscal impact statements on
regulations, multiyear contracts, contracts over
$1,000,000 and on legislation, as required by section
4a of the General Legislative Procedures Act of 1975.
(26) Preparing under the direction of the Mayor, who
has the specific responsibility for formulating budget
policy using Chief Financial Officer technical and
human resources, the budget for submission by the Mayor
to the Council and to the public and upon final
adoption to Congress and to the public.
(27) Certifying all collective bargaining agreements
and nonunion pay proposals prior to submission to the
Council for approval as to the availability of funds to
meet the obligations expected to be incurred by the
District government under such collective bargaining
agreements and nonunion pay proposals during the year.
(28) With respect to attorneys in special education
cases brought under the Individuals with Disabilities
Education Act in the District of Columbia during fiscal
year 2006 and each succeeding fiscal year--
(A) requiring such attorneys to certify in
writing that the attorney or representative of
the attorney rendered any and all services for
which the attorney received an award in such a
case, including those received under a
settlement agreement or as part of an
administrative proceeding, from the District of
Columbia;
(B) requiring such attorneys, as part of the
certification under subparagraph (A), to
disclose any financial, corporate, legal,
membership on boards of directors, or other
relationships with any special education
diagnostic services, schools, or other special
education service providers to which the
attorneys have referred any clients in any such
cases; and
(C) preparing and submitting quarterly
reports to the Committees on Appropriations of
the House of Representatives and Senate on the
certification of and the amount paid by the
government of the District of Columbia,
including the District of Columbia Public
Schools, to such attorneys.
(e) Functions of Treasurer.--At all times, the Treasurer
shall have the following duties:
(1) Assisting the Chief Financial Officer in
reporting revenues received by the District government,
including submitting annual and quarterly reports
concerning the cash position of the District government
not later than 60 days after the last day of the
quarter (or year) involved. Each such report shall
include the following:
(A) Comparative reports of revenue and other
receipts by source, including tax, nontax, and
Federal revenues, grants and reimbursements,
capital program loans, and advances. Each
source shall be broken down into specific
components.
(B) Statements of the cash flow of the
District government for the preceding quarter
or year, including receipts, disbursements, net
changes in cash inclusive of the beginning
balance, cash and investment, and the ending
balance, inclusive of cash and investment. Such
statements shall reflect the actual, planned,
better or worse dollar amounts and the
percentage change with respect to the current
quarter, year-to-date, and fiscal year.
(C) Quarterly cash flow forecast for the
quarter or year involved, reflecting receipts,
disbursements, net change in cash inclusive of
the beginning balance, cash and investment, and
the ending balance, inclusive of cash and
investment with respect to the actual dollar
amounts for the quarter or year, and projected
dollar amounts for each of the 3 succeeding
quarters.
(D) Monthly reports reflecting a detailed
summary analysis of all District of Columbia
government investments, including--
(i) the total of long-term and short-
term investments;
(ii) a detailed summary analysis of
investments by type and amount,
including purchases, sales
(maturities), and interest;
(iii) an analysis of investment
portfolio mix by type and amount,
including liquidity, quality/risk of
each security, and similar information;
(iv) an analysis of investment
strategy, including near-term strategic
plans and projects of investment
activity, as well as forecasts of
future investment strategies based on
anticipated market conditions, and
similar information; and
(v) an analysis of cash utilization,
including--
(I) comparisons of budgeted
percentages of total cash to be
invested with actual
percentages of cash invested
and the dollar amounts;
(II) comparisons of the next
return on invested cash
expressed in percentages
(yield) with comparable market
indicators and established
District of Columbia government
yield objectives; and
(III) comparisons of
estimated dollar return against
actual dollar yield.
(E) Monthly reports reflecting a detailed
summary analysis of long-term and short-term
borrowings inclusive of debt as authorized by
section 603, in the current fiscal year and the
amount of debt for each succeeding fiscal year
not to exceed 5 years. All such reports shall
reflect--
(i) the amount of debt outstanding by
type of instrument;
(ii) the amount of authorized and
unissued debt, including availability
of short-term lines of credit, United
States Treasury borrowings, and similar
information;
(iii) a maturity schedule of the
debt;
(iv) the rate of interest payable
upon the debt; and
(v) the amount of debt service
requirements and related debt service
reserves.
(2) Such other functions assigned to the Chief
Financial Officer under subsection (d) as the Chief
Financial Officer may delegate.
(f) Definitions.--For purposes of this section (and sections
424a and 424b)--
(1) the term ``Authority'' means the District of
Columbia Financial Responsibility and Management
Assistance Authority established under section 101(a)
of the District of Columbia Financial Responsibility
and Management Assistance Act of 1995;
(2) the term ``control year'' has the meaning given
such term under section 305(4) of such Act; and
(3) the term ``District government'' has the meaning
given such term under section 305(5) of such Act.
* * * * * * *
ADDITIONAL VIEWS
The Chief Financial Officer (CFO) plays an essential role
in managing the District of Columbia's multi-billion-dollar
budget and the 1,700 staff responsible for the financial
operations of the District. The CFO should be compensated at a
competitive rate commensurate with the responsibilities for
such a position. Committee on Oversight and Reform Republicans
supported the advancement of H.R. 1204 at a June 29th Committee
business meeting. The District, which is a recipient of federal
grants, but exercises certain autonomous functions under the
District of Columbia Home Rule Act, is responsible for managing
and addressing its financial challenges. Republicans believe in
a strong and efficient Washington, D.C., managed locally and
overseen by Congress. Attracting talented officials to help in
this mission is made possible by offering competitive
compensation. As the CFO position is paid by local, and not
federal funds, matters of compensation for the District's
executive officials are best handled at a local level rather
than dictated by Congress.
However, House Republicans are also rightfully skeptical of
any effort by the Democrat majority to advance Home Rule
reforms for the District after the repeated attempts by House
Democrats to pass unconstitutional, and politically motivated,
D.C. statehood legislation in the 116th and 117th Congresses.
House Republicans are wise to question the intentions behind
H.R. 1204 when the Democrat majority offers no assurances that
the District's current CFO role will remain in its current
independent structure and not be transformed into a State
Treasurer position through the unconstitutional design of H.R.
51, the Washington, D.C. Admission Act. Despite these concerns,
the District still requires a competent CFO, which this bill
aims to accomplish.
James Comer,
Ranking Member, Committee
on Oversight and Reform.
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