'4.D63/1:96-12

HOME RULE ACT AMENDMENTS

HEARINGS 96-1

BEFORE THE

SUBCOMMITTEE ON

GOVERNMENT AFFAIRS AND BUDGET

AND THE

COMMITTEE ON

THE DISTRICT OF COLUMBIA
HOUSE OF REPRESENTATIVES

NINETY-SIXTH CONGRESS

FIRST SESSION

ON

H.R. 5927 CONDITIONS FOR COUNCIL EMERGENCY ACTS
H.R. 5928-ELIMINATE CONGRESSIONAL REVIEW PERIOD ON

COUNCIL ACTS

H.R. 6147-REDUCE CONGRESSIONAL REVIEW PERIOD AND
REPEAL COUNCIL'S AUTHORITY RE EMERGENCY ACTS

CONTENTS

H.R. 5927 (by Messrs. Fauntroy, Dellums, and McKinney), a bill to

set out the conditions under which the Council of the District of Colum-

bia may enact emergency acts, and for other purposes.

H.R. 5928 (by Messrs. Fauntroy, Dellums, and McKinney), a bill

to amend the District of Columbia Self-Government and Governmental

Reorganization Act to eliminate the congressional review period for acts

of the Council of the District other than acts relating to crimes, criminal

procedure, and prisoners, and acts proposing amendments to title IV of

such act...

H.R. 6147 (by Mr. McKinney and Mrs. Fenwick), a bill to amend the Dis-

trict of Columbia Self-Government and Governmental Reorganization

Act to reduce from 30 to 7 legislative days the period for congressional

review of acts of the Council of the District of Columbia which do not

involve a Federal interest, to allow such acts to take effect during a con-

gressional recess or adjournment. to repeal the authority of the Council

of the District of Columbia to enact temporary energency legislation, and

for other purposes--

Staff section-by-section analysis and background..

Page

1

2

92

Barry, Hon. Marion S., Mayor---

McKay, James C., Jr., Assistant Corporation Counsel..

Rogers, Ms. Judith, Corporation Counsel..

14, 88

Swartz, Gregory J., legislative analyst, Office of Intergovernmental

Relations___

Washington, Ms. Barbara, Assistant Administrator for Intergovern-

mental Affairs...

Fauntroy, Hon. Walter E.

Federal Home Loan Mortgage Corporation:

Batte, Mary Bruce, Vice President, Congressional Relations..

Nachbaur, William T., Deputy General Counsel..

1,77

14

88

14

Federal National Mortgage Association, James E. Murray, senior vice

president and general counsel..

51-59

Kramer, John R., associate dean, Georgetown University Law School--

McKinney, Hon. Stewart B..........

119

8

Owen, Thomas J., chairman of the board and president, Perpetual Federal

Savings & Loan Association, accompanied by Gilbert E. Delorme,

associate general counsel..

Rees, Hon. Thomas M., attorney at law.

Risher, John R., Jr., attorney at law..

31

95

109

MATERIAL SUBMITTED FOR THE RECORD

Council Act 3-119 (Interest Rate Modification).

Council Powers Clarification Act, draft___

Council Resolution 3-346, to amend Council rules re Procedure and

Emergency Matters...

District of Columbia, et al., appellants, v. The Washington Home Ownership
Council, Inc., appellee, District of Columbia Court of Appeals decision..
District of Columbia Council, emergency acts adopted 1975-80__-
Rogers, Ms. Judith W., Corporation Counsel, letter dated July 1, 1980 to
Mr. Fauntroy, re Mayor's Emergency powers..

Washington Home Ownership Council, Inc., plaintiff, v. District of Columbia,

defendant, Superior Court opinion and order....

SUMMARY OF TESTIMONY

Amendments to consider:

Alternative: 30 calendar days.

Alternative solutions___

Amending Council rules_

Amendment to ratify emergency acts, proposed by Council.

121

99

46

84

105-108

105

106

106

100-103

Change effective date of Council acts.

Defining emergency-.

101

101

Extend 90-day period..

100

Requires two-thirds vote..

101

Amendments drafted by city council.

81, 82

Amendments proposed:

Congressional review, experiences with 30-day review period..........

Council Emergency Act (3–79) re interest ceiling, impact of_

Council of District of Columbia, rule changes re referral of proposed

31

122

Home Rule Act, legislative constraint in

Home Rule Act provision.

Home Ownership Council v. District of Columbia et al.

Impact of court decision..

Impact of court decisions on investments.

H.R. 5811..

Appendix A-Washington Home Ownership Council, Inc., plaintiff, V.

District of Columbia, defendant, Superior Court opinion and order of

Oct. 9, 1979 (C.A. 10624-79) –

Appendix B-District of Columbia Council Proposed Temporary Legis a-

tive Rule Amendment Resolution of 1980 (PR 3-187) -

Appendix C-Emergency Acts Adopted by District of Columbia Council

(1975-80).

67-75

126

172

Appendix D-District of Columbia Court of Appeals Decision of May 28,

1980 (No. 79-1053) in District of Columbia et al., appellant v. The Wash-

ington Home Ownership Council, Inc., appellee

183