II 

112TH CONGRESS 

2D SESSION S. 2345 

To amend the District of Columbia Home Rule Act to permit the Government 

of the District of Columbia to determine the fiscal year period, to 

make local funds of the District of Columbia for a fiscal year available 

for use by the District upon enactment of the local budget act for 

the year subject to a period of Congressional review, and for other 

purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 24 (legislative day, APRIL 23), 2012 

Mr. LIEBERMAN (for himself, Ms. COLLINS, and Mr. AKAKA) introduced the 

following bill; which was read twice and referred to the Committee on 

Homeland Security and Governmental Affairs 

A BILL 

To amend the District of Columbia Home Rule Act to permit 

the Government of the District of Columbia to determine 

the fiscal year period, to make local funds of the District 

of Columbia for a fiscal year available for use by the 

District upon enactment of the local budget act for the 

year subject to a period of Congressional review, and 

for other purposes. 

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 Local Budget Autonomy Act of 2012’’. 

4 SEC. 2. FISCAL YEAR FOR DISTRICT OF COLUMBIA. 

5 Section 441(b) of the District of Columbia Home 

6 Rule Act (sec. 1–204.41, D.C. Official Code) is amended 

7 to read as follows: 

8 ‘‘(b) AUTHORIZATION TO ESTABLISH FISCAL YEAR

9 BY ACT OF COUNCIL.—The District may change the fiscal 

10 year of the District by an Act of the Council. If a change 

11 occurs, such fiscal year shall also constitute the budget 

12 and accounting year.’’. 

13 SEC. 3. ENACTMENT OF DISTRICT OF COLUMBIA LOCAL 

14 BUDGET. 

15 (a) IN GENERAL.—Section 446 of the District of Co16 lumbia Home Rule Act (sec. 1–204.46, D.C. Official Code) 

17 is amended to read as follows: 

18 ‘‘ENACTMENT OF LOCAL BUDGET BY DISTRICT OF

19 COLUMBIA

20 ‘‘SEC. 446. (a) ADOPTION OF BUDGETS AND SUP21 PLEMENTS.—The Council, within 56 calendar days after 

22 receipt of the budget proposal from the Mayor, and after 

23 public hearing, shall by Act adopt the annual budget for 

24 the District of Columbia government. Any supplements 

25 thereto shall also be adopted by Act of the Council after 

26 public hearing. 


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1 ‘‘(b) TRANSMISSION TO PRESIDENT DURING CON2 TROL YEARS.—In the case of a budget for a fiscal year 

3 which is a control year, the budget so adopted shall be 

4 submitted by the Mayor to the President for transmission 

5 by the President to the Congress, except that the Mayor 

6 shall not transmit any such budget, or amendments or 

7 supplements thereto, to the President until the completion 

8 of the budget procedures contained in this Act and the 

9 District of Columbia Financial Responsibility and Man10 agement Assistance Act of 1995. 

11 ‘‘(c) PROHIBITING OBLIGATIONS AND EXPENDI12 TURES NOT AUTHORIZED UNDER BUDGET.—Except as 

13 provided in section 445A(b), section 446B, section 467(d), 

14 section 471(c), section 472(d)(2), section 475(e)(2), sec15 tion 483(d), and subsections (f), (g), (h)(3), and (i)(3) of 

16 section 490, no amount may be obligated or expended by 

17 any officer or employee of the District of Columbia govern18 ment unless— 

19 ‘‘(1) such amount has been approved by an Act 

20 of the Council (and then only in accordance with 

21 such authorization) and such Act has been trans22 mitted by the Chairman to the Congress and has 

23 completed the review process under section 

24 602(c)(3); or 


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1 ‘‘(2) in the case of an amount obligated or ex2 pended during a control year, such amount has been 

3 approved by an Act of Congress (and then only in 

4 accordance with such authorization). 

5 ‘‘(d) RESTRICTIONS ON REPROGRAMMING OF

6 AMOUNTS.—After the adoption of the annual budget for 

7 a fiscal year (beginning with the annual budget for fiscal 

8 year 1995), no reprogramming of amounts in the budget 

9 may occur unless the Mayor submits to the Council a re10 quest for such reprogramming and the Council approves 

11 the request, but only if any additional expenditures pro12 vided under such request for an activity are offset by re13 ductions in expenditures for another activity. 

14 ‘‘(e) DEFINITION.—In this part, the term ‘control 

15 year’ has the meaning given such term in section 305(4) 

16 of the District of Columbia Financial Responsibility and 

17 Management Assistance Act of 1995.’’. 

18 (b) CONFORMING AMENDMENTS.—(1) Sections 

19 467(d), 471(c), 472(d)(2), 475(e)(2), and 483(d), and 

20 subsections (f), (g)(3), (h)(3), and (i)(3) of section 490 

21 of such Act are each amended by striking ‘‘The fourth 

22 sentence of section 446’’ and inserting ‘‘Section 446(c)’’. 

23 (2) The third sentence of section 412(a) of such Act 

24 (sec. 1–204.12(a), D.C. Official Code) is amended by inVerDate Mar 15 2010 21:25 Apr 25, 2012 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S2345.IS S2345

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1 serting ‘‘for a fiscal year which is a control year described 

2 in such section’’ after ‘‘section 446 applies’’. 

3 (3) Section 202(c)(2) of the District of Columbia Fi4 nancial Responsibility and Management Assistance Act of 

5 1995 (sec. 47–392.02(c)(2), D.C. Official Code) is amend6 ed by striking ‘‘the first sentence of section 446’’ and in7 serting ‘‘section 446(a)’’. 

8 (4) Section 202(c)(4)(A)(ii) of the District of Colum9 bia Financial Responsibility and Management Assistance 

10 Act of 1995 (sec. 47–392.02 (c)(4)(A)(ii), D.C. Official 

11 Code) is amended by striking ‘‘446’’ and inserting 

12 ‘‘446(b)’’. 

13 (5) Section 202(c)(5)(C)(ii) of the District of Colum14 bia Financial Responsibility and Management Assistance 

15 Act of 1995 (sec. 47–392.02 (c)(5)(C)(ii), D.C. Official 

16 Code) is amended by striking ‘‘446’’ and inserting 

17 ‘‘446(b)’’. 

18 (6) Section 202(d)(3)(A) of the District of Columbia 

19 Financial Responsibility and Management Assistance Act 

20 of 1995 (sec. 47–392.02(d)(3)(A), D.C. Official Code) is 

21 amended by striking ‘‘the first sentence of section 446’’ 

22 and inserting ‘‘section 446(a)’’. 

23 (7) Section 11206 of the National Capital Revitaliza24 tion and Self-Government Improvement Act of 1997 (sec. 

25 24–106, D.C. Official Code) is amended by striking ‘‘the 


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1 fourth sentence of section 446’’ and inserting ‘‘section 

2 446(c)’’. 

3 (c) CLERICAL AMENDMENT.—The item relating to 

4 section 446 in the table of contents of such Act is amended 

5 to read as follows: 

‘‘Sec. 446. Enactment of local budget by District of Columbia.’’. 

6 SEC. 4. ACTION BY COUNCIL OF DISTRICT OF COLUMBIA 

7 ON LINE-ITEM VETOES BY MAYOR OF PROVI8 SIONS OF BUDGET ACTS. 

9 Section 404(f) of the District of Columbia Home Rule 

10 Act (sec. 1–204.4(f), D.C. Official Code) is amended by 

11 striking ‘‘transmitted by the Chairman to the President 

12 of the United States’’ both places it appears and inserting 

13 the following: ‘‘incorporated in such Act’’. 

14 SEC. 5. PERMITTING EMPLOYEES TO BE HIRED IF POSI15 TION AUTHORIZED BY ACT OF THE COUNCIL. 

16 Section 447 of the District of Columbia Home Rule 

17 Act (sec. 1–204.47, D.C. Official Code) is amended— 

18 (1) by striking ‘‘Act of Congress’’ each place it 

19 appears and inserting ‘‘act of the Council (or Act of 

20 Congress, in the case of a year which is a control 

21 year)’’; and 

22 (2) by striking ‘‘Acts of Congress’’ and insert23 ing ‘‘acts of the Council (or Acts of Congress, in the 

24 case of a year which is a control year)’’. 


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1 SEC. 6. OTHER CONFORMING AMENDMENTS TO HOME 

2 RULE ACT RELATING TO CHANGES IN FED3 ERAL ROLE IN BUDGET PROCESS. 

4 Section 603 of the District of Columbia Home Rule 

5 Act (sec. 1–206.03, D.C. Official Code) is amended— 

6 (1) in subsection (a), by inserting before the pe7 riod at the end the following: ‘‘for a fiscal year 

8 which is a control year’’; and 

9 (2) by striking subsection (d) and inserting the 

10 following: 

11 ‘‘(d) Except as provided in subsection (f), the Council 

12 shall not transmit an Act under section 446(a) which is 

13 not balanced according to the provisions of subsection 

14 (c).’’. 

15 SEC. 7. CONGRESSIONAL REVIEW. 

16 Section 602(c) of the District of Columbia Home 

17 Rule Act (sec. 1–206.02, D.C. Official Code) is amend18 ed— 

19 (1) by redesignating paragraph (3) as para20 graph (4); and 

21 (2) by inserting after paragraph (2) the fol22 lowing: 

23 ‘‘(3) In the case of any Act transmitted under the 

24 first sentence of paragraph (1) to which section 446 ap25 plies and for which the fiscal year involved is not a control 

26 year, such Act shall take effect upon the expiration of the 


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1 30-calendar-day period beginning on the day such Act is 

2 transmitted, or upon the date prescribed by such Act, 

3 whichever is later, except as follows: 

4 ‘‘(A) If such 30-day period expires and if either 

5 chamber has not been in session for at least 5 cal6 endar days during such period, the effective date pe7 riod applicable under this paragraph shall be ex8 tended for 5 additional days. 

9 ‘‘(B) If during the period described in subpara10 graph (A), a joint resolution disapproving such Act 

11 has passed both Houses of Congress and has been 

12 transmitted to the President, such resolution, upon 

13 becoming law, subsequent to the expiration of such 

14 period, shall be deemed to have repealed such Act, 

15 as of the date such resolution becomes law. The pro16 visions of section 604 shall apply with respect to any 

17 joint resolution disapproving any Act pursuant to 

18 this subparagraph.’’. 

19 SEC. 8. CONFORMING AMENDMENTS RELATING TO FEDER20 ALLY AUTHORIZED ADJUSTMENTS TO LOCAL 

21 APPROPRIATIONS. 

22 (a) ACCEPTANCE OF GRANTS NOT INCLUDED IN

23 ADOPTED BUDGET.— 

24 (1) AUTHORITY TO ACCEPT AMOUNTS.—Section 

25 446B(a) of the District of Columbia Home Rule Act 


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1 (sec. 1–204.46B(a), D.C. Official Code) is amend2 ed— 

3 (A) by striking ‘‘the fourth sentence of sec4 tion 446’’ and inserting ‘‘section 446(c)’’; and 

5 (B) by striking ‘‘approved by Act of Con6 gress’’. 

7 (2) REPORTS TO CONGRESS.—Section 446B(e) 

8 of such Act (sec. 1–204.46B(e), D.C. Official Code) 

9 is amended by striking ‘‘submitted to the Council 

10 and to the’’ and inserting ‘‘submitted to the Council, 

11 the Committee on Oversight and Government Re12 form of the House of Representatives, the Com13 mittee on Homeland Security and Governmental Af14 fairs of the Senate, and the’’. 

15 (b) AUTHORITY TO INCREASE SPENDING IN CASE OF

16 GENERAL FUND SURPLUS.—Section 816 of the Financial 

17 Services and General Government Appropriations Act, 

18 2009 (sec. 47–369.01, D.C. Official Code), is amended— 

19 (1) by striking ‘‘the amount appropriated to the 

20 District of Columbia’’ and inserting the following: 

21 ‘‘the amount of local funds under the budget of the 

22 District of Columbia’’; and 

23 (2) in paragraph (5), by striking ‘‘the Mayor 

24 notifies’’ and inserting the following: ‘‘the Mayor no25 tifies the Committee on Oversight and Government 


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1 Reform of the House of Representatives, the Com2 mittee on Homeland Security and Governmental Af3 fairs of the Senate, and’’. 

4 (c) AUTHORITY TO INCREASE SPENDING IN CASE OF

5 INCREASED REVENUE COLLECTIONS.— 

6 (1) AUTHORITY TO INCREASE SPENDING.—Sec7 tion 817(a) of such Act (sec. 47–369.02(a), D.C. Of8 ficial Code) is amended— 

9 (A) in the matter preceding paragraph (1), 

10 by striking ‘‘the amount appropriated as Dis11 trict of Columbia funds’’ and inserting the fol12 lowing: ‘‘the amount of local funds under the 

13 budget for the District of Columbia’’; 

14 (B) in paragraph (1), by striking ‘‘in the 

15 annual Proposed Budget and Financial Plan 

16 submitted to Congress by the District of Co17 lumbia’’ and inserting the following: ‘‘in such 

18 budget (or, in the case of a fiscal year which is 

19 a control year, as defined in section 305(4) of 

20 the District of Columbia Financial Responsi21 bility and Management Assistance Act of 1995, 

22 in the annual Proposed Budget and Financial 

23 Plan submitted to Congress by the District of 

24 Columbia)’’; and 


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1 (C) in paragraph (2), by striking ‘‘in such 

2 Proposed Budget and Financial Plan’’ and in3 serting ‘‘in such budget (or such Proposed 

4 Budget and Financial Plan)’’. 

5 (2) REPORTS TO CONGRESS.—Section 

6 817(b)(4) of such Act (sec. 47–369.02(b)(4), D.C. 

7 Official Code) is amended by striking ‘‘the Mayor 

8 has notified’’ and inserting the following: ‘‘the 

9 Mayor has notified the Committee on Oversight and 

10 Government Reform of the House of Representa11 tives, the Committee on Homeland Security and 

12 Governmental Affairs of the Senate, and’’. 

13 SEC. 9. EFFECTIVE DATE. 

14 The amendments made by this Act shall apply with 

15 respect to fiscal year 2013 (as described in section 441(a) 

16 of the District of Columbia Home Rule Act, as amended 

17 by section 2) and each succeeding fiscal year. 

Æ 


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