I

104TH CONGRESS

1ST SESSION H. R. 2661

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

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, 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,
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1 SECTION 1. SHORT TITLE.

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

3 Fiscal Protection Act of 1995’’.

4 SEC. 2. PERMITTING DISTRICT OF COLUMBIA TO EXPEND

5 DISTRICT FUNDS DURING PERIOD OF DELAY

6 IN CONGRESSIONAL ENACTMENT OF DIS7 TRICT OF COLUMBIA APPROPRIATIONS ACT.

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

9 of the District of Columbia Self-Government and Govern10 mental Reorganization Act is amended by inserting after

11 section 446 (sec. 47–304, D.C. Code) the following new

12 section:

13 ‘‘EXPENDITURE OF DISTRICT FUNDS DURING DELAY IN

14 CONGRESSIONAL ENACTMENT OF BUDGET

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

16 ‘‘(1) IN GENERAL.—Notwithstanding section

17 446, if the District of Columbia Appropriations Act

18 for a fiscal year has not been enacted by the first

19 day of the fiscal year, during the period described in

20 subsection (c) an officer or employee of the District

21 of Columbia government may obligate or expend

22 amounts out of the general fund, enterprise funds,

23 and other non-Federal funds of the District of Co24 lumbia for the fiscal year under the authority and

25 conditions provided in such Act for continuing the

26 operations of the government of the District of Co-
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1 lumbia and other activities chargeable in whole or in

2 part against the revenues of the District that were

3 conducted in the previous fiscal year and for which

4 appropriations, funds, or other authority would be

5 available in such Act.

6 ‘‘(2) NOTIFICATION OF FINANCIAL RESPON7 SIBILITY AND MANAGEMENT ASSISTANCE AUTHOR8 ITY.—In the case of a fiscal year which is a control

9 year (as defined in section 305(4) of the District of

10 Columbia Financial Responsibility and Management

11 Assistance Act of 1995), no obligations or expendi12 tures may be made pursuant to this subsection until

13 the Mayor of the District of Columbia has provided

14 to the District of Columbia Financial Responsibility

15 and Management Assistance Authority prior written

16 notification regarding such obligations and expendi17 tures.

18 ‘‘(b) APPLICABLE RATE OF OBLIGATIONS AND EX19 PENDITURES.—

20 ‘‘(1) COMPARISON TO PREVIOUS FISCAL

21 YEAR.—No amount made available for obligation or

22 expenditure for a project or activity under subsection

23 (a) for a fiscal year may be greater than the amount

24 or authority provided in the previous fiscal year for

25 such project or activity.
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1 ‘‘(2) DIFFERENCES IN AMOUNTS PROVIDED IN

2 HOUSE AND SENATE LEGISLATION.—If an amount

3 or authority made available for obligation or expend4 iture for a project or activity for a fiscal year under

5 the District of Columbia Appropriations Act for the

6 fiscal year as passed by the House of Representa7 tives is different from the amount made available

8 under such Act as passed by the Senate, the amount

9 made available for obligation or expenditure for the

10 project or activity under subsection (a) shall be the

11 lesser of—

12 ‘‘(A) the amount or authority made avail13 able as permitted by the action of the House;

14 ‘‘(B) the amount or authority made avail15 able as permitted by the action of the Senate;

16 or

17 ‘‘(C) the amount or authority provided in

18 the previous fiscal year.

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

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

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

22 on the date of enactment of the District of Columbia Ap23 propriations Act for the fiscal year.’’.
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1 (b) CONFORMING AMENDMENT.—The fourth sen2 tence of section 446 of such Act (sec. 47–304, D.C. Code)

3 is amended—

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

5 ‘‘subsections’’; and

6 (2) by inserting ‘‘and section 446A,’’ after ‘‘sec7 tion 490,’’.

8 (c) CLERICAL AMENDMENT.—The table of contents

9 for subpart 1 of part D of title IV of such Act is amended

10 by inserting after the item relating to section 446 the fol11 lowing new item:

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

enactment of budget.’’.

12 SEC. 3. AUTOMATIC MONTHLY PRO-RATED APPROPRIA13 TION OF FEDERAL PAYMENT DURING PERIOD

14 OF DELAY IN ENACTMENT OF DISTRICT OF

15 COLUMBIA APPROPRIATIONS ACT.

16 (a) IN GENERAL.—Title V of the District of Colum17 bia Self-Government and Governmental Reorganization

18 Act (sec. 47–3405 et seq., D.C. Code) is amended by add19 ing at the end the following new section:

20 ‘‘PRO-RATED APPROPRIATION OF FEDERAL PAYMENT

21 DURING PERIOD OF DELAY IN CONGRESSIONAL EN22 ACTMENT

23 ‘‘SEC. 504. (a) IN GENERAL.—For each fiscal year

24 for which the annual Federal payment is authorized under
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1 this title and for which there has not been enacted legisla2 tion appropriating the payment by the first day of the fis3 cal year, there is hereby appropriated to the District of

4 Columbia on the first day of each month which occurs dur5 ing the period described in subsection (b) an amount equal

to 1 6 ⁄12 of the lesser of—

7 ‘‘(1) the amount proposed to be appropriated as

8 the annual Federal payment under this title in the

9 District of Columbia Appropriations Act for the fis10 cal year, as passed by the House of Representatives;

11 ‘‘(2) the amount proposed to be appropriated as

12 the annual Federal payment under this title in the

13 District of Columbia Appropriations Act for the fis14 cal year, as passed by the Senate; or

15 ‘‘(3) the amount appropriated as the annual

16 Federal payment under this title in the District of

17 Columbia Appropriations Act for the previous fiscal

18 year.

19 ‘‘(b) PERIOD DESCRIBED.—The period described in

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

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

22 on the date of enactment of the District of Columbia Ap23 propriations Act for the fiscal year.’’.
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1 (b) CLERICAL AMENDMENT.—The table of contents

2 for title V of such Act is amended by inserting after the

3 item relating to section 503 the following new item:

‘‘Sec. 504. Pro-rated appropriation of Federal payment during period of

delay in congressional enactment.’’.

4 SEC. 4. EFFECTIVE DATE.

5 The amendments made by this Act shall apply with

6 respect to fiscal years beginning with fiscal year 1996.

Æ