79–006

106TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 106–664

PROVIDING THAT THE SCHOOL GOVERNANCE CHARTER AMENDMENT

ACT OF 2000 SHALL TAKE EFFECT UPON THE DATE SUCH ACT IS RATIFIED BY THE VOTERS OF THE DISTRICT OF COLUMBIA

JUNE 12, 2000.—Committed to the Committee of the Whole House on the State of

the Union and ordered to be printed

Mr. BURTON, from the Committee on Government Reform,

submitted the following

REPORT

[To accompany H.R. 4387]

The Committee on Government Reform, to whom was referred

the bill (H.R. 4387) to provide that the School Governance Charter

Amendment Act of 2000 shall take effect upon the date such Act

is ratified by the voters of the District of Columbia, having considered the same, report favorably thereon without amendment and

recommend that the bill do pass.

CONTENTS

Page

I. Summary of Legislation ................................................................................ 1

II. Background and Need for the Legislation ................................................... 2

III. Legislative Hearings and Committee Actions ............................................. 2

IV. Committee Hearings and Written Testimony ............................................. 2

V. Explanation of the Bill .................................................................................. 2

VI. Compliance With Rule XI .............................................................................. 2

VII. Budget Analysis and Projections .................................................................. 2

VIII. Cost Estimate of the Congressional Budget Office ..................................... 2

IX. Specific Constitutional Authority for This Legislation ............................... 3

X. Committee Recommendations ....................................................................... 3

XI. Unfunded Mandates Reform Act; Public Law 104–4, Sec. 423 .................. 4

XII. Federal Advisory Committee Act (5 U.S.C. App.) Section 5(b) .................. 4

XIII. Changes in Existing Law .............................................................................. 4

I. SHORT SUMMARY OF LEGISLATION

H.R. 4387 makes the School Governance Charter Amendment

Act of 2000 effective upon the date it is ratified by a majority of

the registered qualified District of Columbia electors voting in a

referendum held to ratify the Act.

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II. BACKGROUND AND NEED FOR THE LEGISLATION

H.R. 4387 would waive a section of the District of Columbia

Home Rule Act that requires a 35-day review period after a charter

amendment has been ratified by the voters. This would permit the

School Governance Charter Amendment Act of 2000 to take effect

on the date it is ratified by D.C. voters in a referendum. Without

this waiver, the results of the upcoming June 27, 2000, referendum

would not be allowed to proceed.

III. LEGISLATIVE HEARINGS AND COMMITTEE ACTIONS

H.R. 4387 was introduced on May 4, 2000, by Delegate Eleanor

Holmes Norton. It was referred to the House Committee on Government Reform, which in turn referred it to the District of Columbia Subcommittee. The Subcommittee approved the bill at a hearing on May 5, 2000, and referred it to the Committee on Government Reform by voice vote.

IV. COMMITTEE HEARINGS AND WRITTEN TESTIMONY

The Subcommittee held no hearings concerning H.R. 4387.

V. EXPLANATION OF THE BILL

Section 1

Section 1 waives the congressional review period for the School

Governance Charter Amendment Act of 2000. It provides that the

School Governance Charter Amendment Act of 2000 will be effective on the date it is ratified by a majority of District of Columbia

electors voting in a referendum.

VI. COMPLIANCE WITH RULE XI

Pursuant to rule XI, clause 2(1)(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 Committee oversight activities are incorporated in the bill and this report.

VII. BUDGET ANALYSIS AND PROJECTIONS

The budget analysis and projections required by section 308(a) of

the Congressional Budget Act of 1974 are contained in the estimate

of the Congressional Budget Office.

VIII. COST ESTIMATE OF THE CONGRESSIONAL BUDGET OFFICE

Under current law, the Congress has 35 legislative days to review ratified amendments to the charter of the District of Columbia. H.R. 4387 would waive that requirement for the School Governance Charter Amendment Act of 2000. CBO estimates that enacting H.R. 4387 would have no impact on the federal budget. Because the bill would not affect direct spending or receipts, pay-asyou-go procedures would not apply.

H.R. 4387 would preempt a section of the District of Columbia

Home Rule Act that requires a 35-day review period after a charter

amendment has been ratified by the voters. Although this preemption would benefit the District of Columbia by allowing a charter

amendment to take effect immediately, it is considered a mandate

under the Unfunded Mandates Reform Act. This mandate would

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impose no costs on the District of Columbia, or any other state,

local, or tribal government.

U.S. CONGRESS,

CONGRESSIONAL BUDGET OFFICE,

Washington, DC, May 25, 2000.

Hon. DAN BURTON,

Chairman, Committee on Government Reform,

House of Representatives, Washington, DC.

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 4387, a bill to provide

that the School Governance Charter Amendment Act of 2000 shall

take effect upon the date such act is ratified by the voters of the

District of Columbia.

If you wish further details on this estimate, we will be pleased

to provide them. The CBO staff contacts are John R. Righter (for

federal costs), and Susan Sieg Tompkins (for the state and local impact).

Sincerely,

BARRY B. ANDERSON,

(For Dan L. Crippen, Director).

Enclosure.

H.R. 4387—A bill to provide that the School Governance Charter

Amendment Act of 2000 shall take effect upon the date such act

is ratified by the voters of the District of Columbia

Under current law, the Congress has 35 legislative days to review ratified amendments to the charter of the District of Columbia. H.R. 4387 would waive that requirement for the School Governance Charter Amendment Act of 2000. CBO estimates that enacting H.R. 4387 would have no impact on the federal budget. Because the bill would not affect direct spending or receipts, pay-asyou-go procedures would not apply.

H.R. 4387 would preempt a section of the District of Columbia

Home Rule Act that requires a 35-day review period after a charter

amendment has been ratified by the voters. Although this preemption would benefit the District of Columbia by allowing a charter

amendment to take effect immediately, it is considered a mandate

under the Unfunded Mandates Reform Act. This mandate would

impose no costs on the District of Columbia, or any other state,

local, or tribal government.

The CBO staff contacts are John R. Righter (for federal costs),

and Susan Sieg Tompkins (for the state and local impact). This estimate was approved by Peter H. Fontaine, Deputy Assistant Director for Budget Analysis.

IX. SPECIFIC CONSTITUTIONAL AUTHORITY FOR THIS LEGISLATION

Clauses 1 and 18 of Article I, Sec. 8 of the Constitution grant

Congress the power to enact this bill.

X. COMMITTEE RECOMMENDATIONS

On May 18, 2000, a quorum being present, the Committee ordered the bill favorably reported.

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Committee on Government Reform—106th Congress.—Rollcall

Date: May 18, 2000.

Final Passage of H.R. 4387.

Offered by: Hon. Dan Burton.

Adopted by voice vote.

XI. UNFUNDED MANDATES REFORM ACT; PUBLIC LAW 104–4, SEC. 423

H.R. 4387 is considered a mandate, but does not impose any

costs on the District of Columbia, state, local, or tribal governments.

XII. FEDERAL ADVISORY COMMITTEE ACT (5 U.S.C. APP.) SECTION 5(b)

The Committee finds that H.R. 4387 does not establish or authorize establishment of an advisory committee within the definition of 5 U.S.C. App., Section 5(b).

XIII. CHANGES IN EXISTING LAW

H.R. 4387 does not change existing law.

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