[House Report 105-29]
[From the U.S. Government Publishing Office]
105th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 105-29
_______________________________________________________________________
DISTRICT OF COLUMBIA INSPECTOR GENERAL IMPROVEMENT ACT OF 1997
_______
March 17, 1997.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______________________________________________________________________
Mr. Burton of Indiana, from the Committee on Government Reform and
Oversight, submitted the following
R E P O R T
[To accompany H.R. 514]
[Including cost estimate of the Congressional Budget Office]
The Committee on Government Reform and Oversight, to whom
was referred the bill (H.R. 514) to permit the waiver of
District of Columbia residency requirements for certain
employees of the Office of the Inspector General of the
District of Columbia, and for other purposes, having considered
the same, report favorably thereon with amendments and
recommend that the bill as amended do pass.
CONTENTS
Page
I. Background and need for the legislation..........................2
II. Legislative History and Committee Action.........................2
III. Committee Hearings and Written Testimony.........................2
IV. Explanation of the Bill as Reported: Section-by-Section Analysis.3
V. Compliance with rule XI..........................................3
VI. Budget Analysis and Projections..................................3
VII. Cost Estimate of the Congressional Budget Office.................3
VIII.Inflationary Impact Statement....................................4
IX. Changes in Existing Law..........................................4
X. Committee Recommendation.........................................4
XI. Congressional Accountability Act; Public Law 104-1...............4
The amendments are as follows:
Strike section 3.
Amend the title so as to read:
A bill to permit the waiver of District of Columbia
residency requirements for certain employees of the Office of
the Inspector General of the District of Columbia.
Short Summary of Legislation
H.R. 514, the District of Columbia Inspector General
Improvement Act of 1997, is designed to permit the Director of
Personnel of the District of Columbia to grant a waiver of the
residency requirement of the District of Columbia Comprehensive
Merit Personnel Act of 1978, for excepted employees if
requested by the Inspector General.
I. Background and Need for the Legislation
In 1979, the mayor of the District of Columbia issued an
Executive Order which established an Office of the Inspector
General. This office received statutory establishment as part
of the District of Columbia Procurement Practices Act of 1985.
The current Office of the Inspector General was created in
Public Law 104-8 sec. 303. This legislation enhanced the power
and independence of the Inspector General by lengthening the
term from four to six years, making the budget of the office
subject only to congressional review, and, in a control year,
requiring confirmation of the mayor's nominee by the Financial
Responsibility and Management Assistance Authority (hereafter,
the Authority). During a control year, the Inspector General
can be removed from office only by an action of the Authority
and after a public hearing.
These provisions were all designed to make this office
independent from outside influence so that it could carry out
its mission effectively. The Office of the Inspector General
was however, still covered by the provisions of the District of
Columbia Comprehensive Merit Personnel Act of 1978. This
legislation required that excepted employees must become
District residents within a year of their appointment. This
provision of the Comprehensive Merit Personnel Act placed a
burden of the Office of the Inspector General which made it
more difficult to attract and retain employees of the highest
professional qualifications. This waiver is necessary so that
the Office of the Inspector General can retain the highly
qualified personnel that have been assembled over the past year
and in the future maintain access to the widest possible talent
pool.
II. Legislation and Committee Actions
On February 4, 1997, Mr. Davis of Virginia introduced H.R.
514. It was cosponsored by Del. Norton. It was referred to the
Committee on Government Reform and Oversight. It was
subsequently referred to the Subcommittee on District of
Columbia were it was forwarded as amended by a voice vote on
March 11, 1997. The amendment, offered by Chairman Davis,
struck section 3 of the bill as introduced.
III. Committee Hearings and Written Testimony
The District of Columbia Subcommittee held no formal
hearing on H.R. 514.
IV. Explanation of the Bill
Overview--Section by section analysis
Section 1. Short Title.--Section 1 sets forth the short
title of the bill to be the ``District of Columbia Inspector
General Improvement Act of 1997.''
Section 2. Waiver of Residency Requirement for Certain
Employees of Inspector General. Section 2 gives the Director of
Personnel the power, at the request of the Inspector General,
to grant a waiver of the residency requirements of District of
Columbia Comprehensive Merit Personnel Act of 1978 as it
applies to excepted employees in the Office of the Inspector
General.
V. Compliance With Rule XI
Pursuant to rule XI, 2(l)(3)(A), of the Rules of the House
of Representatives, under the authority of rule X, clause
2(b)(1) and clause 3(f), the results and findings from these
oversight activities are incorporated in the recommendations
found in this bill and the accompanying report.
VI. Budget Analysis and Projections
This Act provides for no new authorization or budget
authorization or tax expenditures. Consequently, the provisions
of section 308(a)(1) of the Congressional Budget Act of 1974
are not applicable.
VII. Cost Estimate of the Congressional Budget Office
U.S. Congress,
Congressional Budget Office,
Washington, DC, March 13, 1997.
Hon. Daniel Burton,
Chairman, Committee on Government Reform and Oversight,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 514, the District
of Columbia Inspector General Improvement Act of 1997.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is John R.
Righter.
Sincerely,
June E. O'Neill, Director.
Enclosure.
H.R. 514--District of Columbia Inspector General Improvement Act of
1997
H.R. 514 would allow the District of Columbia to permit
individuals to work at the District's Office of the Inspector
General without residing in the District. Waiving the residency
requirement would have no effect on the federal budget.
Because the bill would not affect direct spending or
receipts, pay-as-you-go procedures would not apply. H.R. 514
contains no intergovernmental or private-sector mandates as
defined in the Unfunded Mandates Reform Act of 1995 and would
impose no costs on state, local, or tribal governments.
The CBO staff contact for this estimate is John R. Righter.
The estimate was approved by Robert A. Sunshine, Deputy
Assistant Director for Budget Analysis.
VIII. Inflationary Impact Statement
In accordance with rule XI, clause 2(l)(4) of the Rules of
the House of Representatives, this legislation is assessed to
have no inflationary effect on prices and costs in the
operation of the national economy.
IX. Changes in Existing Law
Clause 3 of rule XIII of the Rules of the House of
Representatives requires that any changes in existing law made
by the bill, as reported, be shown with the existing law
proposed to be omitted enclosed in black brackets, new matter
printed in italic, and existing law in which no change is
proposed shown in roman. This provision is inapplicable for the
reported bill, which makes no change in existing law. Instead,
it provides for new authority for the District of Columbia
Director of Personnel to waive the residency requirement for
the ``excepted personnel'' in the office of the Inspector
General at the request of the Inspector General.
X. Committee Recommendation
On March 12, 1997, a quorum being present, the Committee on
Government Reform and Oversight ordered the H.R. 514 favorably
reported as amended by voice vote.
Committee on Government Reform and Oversight--105th Congress Rollcall
Date: March 12, 1997.
Final Passage of H.R. 514, as amended.
Offered by: Hon. Dan Burton (R.-IN).
Voice Vote: Yeas.
XI. Congressional Accountability Act; Public Law 104-1; Section
102(B)(3)
H.R. 514, as amended by the Committee is inapplicable to
the legislative branch because it does not relate to any terms
or conditions of employment or access to public services or
accommodations.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3 of rule XIII of the Rule of the
House of Representatives, changes in existing law made by the
bill, as reported, are shown as follows (new matter is printed
in italic and existing law in which no change is proposed is
shown in roman):
SECTION 1-610.6 OF THE DISTRICT OF COLUMBIA CODE
Sec. 1-610.6. Residency.
(a) Except as provided in subsection (c) or subsection (d)
and notwithstanding any provision of Sec. 1-2501 et seq., any
person who applies for a position in the Excepted Service and
who accepts appointment or is hired to fill a position in the
Excepted Service shall become a bona fide resident of the
District within 180 days of the effective date of the
appointment, and shall maintain this residence for the duration
of the employment. Failure to become a District resident or to
maintain District residency, shall result in forfeiture of the
position to which the person has been appointed.
* * * * * * *
(d) At the request of the Inspector General (as described
in section 208(a) of the District of Columbia Procurement
Practices Act of 1985), the Director of Personnel may waive the
application of subsections (a) and (b) to employees of the
Office of the Inspector General.
Statement on Constitutional Authority
In compliance with clause 2(l)(4) of rule XI of the Rules
of the House of Representatives, the Committee states that the
specific power granted to the Congress to enact this bill is
the power to exercise exclusive legislative authority over the
seat of the Government of the United States under Article I,
section 8, clause 17 of the Constitution of the United States.