Union Calendar No. 205

104TH CONGRESS

1ST SESSION H. R. 2661

[Report No. 104–408]

A BILL

To amend the District of Columbia Self-Governduring such portion of the year. to the District of Columbia for such fiscal year pro-rated portion of the annual Federal payment to provide for the appropriation of a monthly the District of Columbia for the fiscal year, and which Congress has not enacted the budget of own funds during any portion of a fiscal year for permit the District of Columbia to expend its ment and Governmental Reorganization Act to

DECEMBER 14, 1995

Reported with amendments, committed to the Committee

dered to be printedof the Whole House on the State of the Union, and or-
IB

Union Calendar No. 205

104TH CONGRESS

1ST SESSION H. R. 2661

[Report No. 104–408]

To amend the District of Columbia Self-Government and Governmental Reorganization Act to permit the District of Columbia to expend its own

funds during any portion of a fiscal year for which Congress has not

enacted the budget of the District of Columbia for the fiscal year,

and to provide for the appropriation of a monthly pro-rated portion

of the annual Federal payment to the District of Columbia for such

fiscal year during such portion of the year.

IN THE HOUSE OF REPRESENTATIVES

NOVEMBER 17, 1995

Ms. NORTON introduced the following bill; which was referred to the

Committee on Government Reform and Oversight

DECEMBER 14, 1995

Additional sponsor: Mr. DAVIS

DECEMBER 14, 1995

Reported with amendments, committed to the Committee of the Whole House

on the State of the Union, and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]

[For text of introduced bill, see copy of bill as introduced on November 17, 1995]

A BILL

To amend the District of Columbia Self-Government and

Governmental Reorganization Act to permit the District

of Columbia to expend its own funds during any portion
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of a fiscal year for which Congress has not enacted

the budget of the District of Columbia for the fiscal

year, and to provide for the appropriation of a monthly

pro-rated portion of the annual Federal payment to the

District of Columbia for such fiscal year during such

portion of the year.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘District of Columbia

5 Fiscal Protection Act of 1995’’.

6 SEC. 2. PERMITTING DISTRICT OF COLUMBIA TO EXPEND

7 DISTRICT FUNDS DURING PERIOD OF DELAY

8 IN CONGRESSIONAL ENACTMENT OF DIS9 TRICT OF COLUMBIA APPROPRIATIONS ACT.

10 (a) IN GENERAL.—Subpart 1 of part D of title IV of

11 the District of Columbia Self-Government and Govern12 mental Reorganization Act is amended by inserting after

13 section 446 (sec. 47–304, D.C. Code) the following new sec14 tion:

15 ‘‘EXPENDITURE OF DISTRICT FUNDS DURING DELAY IN

16 CONGRESSIONAL ENACTMENT OF BUDGET

17 ‘‘SEC. 446A. (a) EXPENDITURE PERMITTED.—

18 ‘‘(1) IN GENERAL.—Notwithstanding section 446,

19 if the District of Columbia Appropriations Act for a

20 fiscal year has not been enacted by the first day of

21 the fiscal year, during the period described in sub-
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1 section (c) an authorized officer or employee of the

2 District of Columbia government may obligate or ex3 pend any amounts available in the general fund, en4 terprise funds, and other non-Federal funds of the

5 District of Columbia for such fiscal year to continue

6 the operations of the government of the District of Co7 lumbia.

8 ‘‘(2) REQUIREMENTS FOR NOTIFICATION.—No

9 obligations or expenditures may be made pursuant to

10 this subsection until the Mayor of the District of Co11 lumbia has provided to the Council, the District of

12 Columbia Financial Responsibility and Management

13 Assistance Authority, the President, the Committees

14 on Appropriations of the House of Representatives

15 and the Senate prior written notification (prepared

16 by the Chief Financial Officer of the District of Co17 lumbia) containing a description of such obligations

18 and expenditures and a description of the effect of

19 such obligations and expenditures on the spending

20 plans in effect prior to the making of obligations and

21 expenditures pursuant to this subsection.

22 ‘‘(b) APPLICABLE RATE OF OBLIGATIONS AND EX23 PENDITURES.—The amount made available for obligation

24 or expenditure for a project or activity under subsection (a)

25 for a fiscal year shall be equal to the lesser of—
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1 ‘‘(1) the amount or authority made available

2 under the District of Columbia Appropriations Act

3 for the fiscal year as passed by the House of Rep4 resentatives;

5 ‘‘(2) the amount or authority made available

6 under the District of Columbia Appropriations Act

7 for the fiscal year as passed by the Senate; or

8 ‘‘(3) the amount or authority provided in the

9 previous fiscal year.

10 ‘‘(c) PERIOD DESCRIBED.—The period described in

11 this subsection with respect to a fiscal year is the period

12 which begins on the first day of the fiscal year and ends

13 on the date of enactment of the District of Columbia Appro14 priations Act for the fiscal year.’’.

15 (b) CONFORMING AMENDMENT.—The fourth sentence of

16 section 446 of such Act (sec. 47–304, D.C. Code) is amend17 ed—

18 (1) by striking ‘‘and subsections’’ and inserting

19 ‘‘subsections’’; and

20 (2) by inserting ‘‘and section 446A,’’ after ‘‘sec21 tion 490,’’.

22 (c) CLERICAL AMENDMENT.—The table of contents for

23 subpart 1 of part D of title IV of such Act is amended by
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1 inserting after the item relating to section 446 the following

2 new item:

‘‘Sec. 446A. Expenditure of District funds during delay in Congressional enactment of budget.’’.

3 SEC. 3. SENSE OF CONGRESS REGARDING FEDERAL PAY4 MENT UNDER CONTINUING RESOLUTION.

5 It is the sense of Congress that the financial condition

6 of the District of Columbia should be the primary factor

7 taken into account in determining the amount of any Fed8 eral payment made to the District of Columbia under any

9 continuing resolution providing for appropriations during

10 any portion of a fiscal year for which Congress has not en11 acted the budget of the District of Columbia for the fiscal

12 year, and that (notwithstanding any amendment made by

13 this Act) a continuing resolution providing for such a Fed14 eral payment should be enacted prior to the first day of

15 such a fiscal year.

16 SEC. 4. EFFECTIVE DATE.

17 The amendments made by this Act shall apply with

18 respect to fiscal years beginning with fiscal year 1996.

Amend the title so as to read: ‘‘A bill to amend the

District of Columbia Self-Government and Governmental

Reorganization Act to permit the District of Columbia to

expend its own funds during any portion of a fiscal year

for which Congress has not enacted the budget of the

District of Columbia for the fiscal year.’’.