[House Report 113-267]
[From the U.S. Government Publishing Office]
113th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 113-267
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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.
* * * * * * *