[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.

                                
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