I 

109TH CONGRESS 

1ST SESSION H. R. 1629

To amend the District of Columbia Home Rule Act to provide the District 

of Columbia with autonomy over its budgets, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 14, 2005

Mr. TOM DAVIS of Virginia (for himself, Ms. NORTON, and Mr. WAXMAN) introduced the following bill; which was referred to the Committee on Government Reform, and in addition to the Committees on Appropriations 

and Rules, for a period to be subsequently determined by the Speaker, 

in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL

To amend the District of Columbia Home Rule Act to provide the District of Columbia with autonomy over its 

budgets, 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,

3 SECTION 1. SHORT TITLE. 

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

5 Budget Autonomy Act of 2005’’. 
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1 SEC. 2. ENACTMENT OF DISTRICT OF COLUMBIA LOCAL 

2 BUDGET. 

3 (a) IN GENERAL.—Section 446 of the District of Co4 lumbia Home Rule Act (sec. 1–204.46, D.C. Official Code) 

5 is amended to read as follows: 

6 ‘‘ENACTMENT OF LOCAL BUDGET

7 ‘‘SEC. 446. (a) ADOPTION OF BUDGETS AND SUP8 PLEMENTS.—The Council, within 56 calendar days after 

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

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

11 the District of Columbia government. Any supplements 

12 thereto shall also be adopted by Act by the Council after 

13 public hearing. 

14 ‘‘(b) TRANSMISSION TO PRESIDENT DURING CON15 TROL YEARS.—In the case of a budget for a fiscal year 

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

17 submitted by the Mayor to the President for transmission 

18 by him to the Congress, except that the Mayor shall not 

19 transmit any such budget, or amendments or supplements 

20 thereto, to the President until the completion of the budg21 et procedures contained in this Act and the District of 

22 Columbia Financial Responsibility and Management As23 sistance Act of 1995. 

24 ‘‘(c) PROHIBITING OBLIGATIONS AND EXPENDI25 TURES NOT AUTHORIZED UNDER BUDGET.—Except as 

26 provided in section 445A(b), section 467(d), section 
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1 471(c), section 472(d), section 475(e), section 483(d), and 

2 subsections (f), (g), (h)(3), and (i)(3) of section 490, no 

3 amount may be obligated or expended by any officer or 

4 employee of the District of Columbia government unless—

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

6 of the Council (and then only in accordance with 

7 such authorization) and a copy of such Act has been 

8 transmitted by the Chairman to the Congress; or 

9 ‘‘(2) in the case of an amount obligated or ex10 pended during a control year, such amount has been 

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

12 accordance with such authorization). 

13 ‘‘(d) RESTRICTIONS ON REPROGRAMMING OF

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

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

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

17 may occur unless the Mayor submits to the Council a re18 quest for such reprogramming and the Council approves 

19 the request, but only if any additional expenditures pro20 vided under such request for an activity are offset by re21 ductions in expenditures for another activity. 

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

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

24 of the District of Columbia Financial Responsibility and 

25 Management Assistance Act of 1995.’’. 
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1 (b) LENGTH OF CONGRESSIONAL REVIEW PERIOD

2 FOR BUDGET ACTS.—Section 602(c) of such Act (sec. 1–

3 206.02(c), D.C. Official Code) is amended—

4 (1) in the second sentence of paragraph (1), by 

5 striking ‘‘paragraph (2)’’ and inserting ‘‘paragraphs 

6 (2) and (4)’’; and 

7 (2) by adding at the end the following new 

8 paragraph: 

9 ‘‘(4) In the case of any Act transmitted under the 

10 first sentence of paragraph (1) to which section 446 ap11 plies and for which the fiscal year involved is not a control 

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

13 30-calendar-day period beginning on the day such Act is 

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

15 whichever is later, unless during such 30-day period, there 

16 has been enacted into law a joint resolution disapproving 

17 such Act. If such 30-day period expires on any day on 

18 which neither House is in session because of an adjourn19 ment sine die, a recess of more than three days, or an 

20 adjournment of more than three days, the period applica21 ble under the previous sentence shall be extended for 5 

22 additional days (excluding Saturdays, Sundays, and holi23 days, and any day on which neither House is in session 

24 because of an adjournment sine die, a recess of more than 

25 three days, or an adjournment of more than three days). 
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1 In any case in which any such joint resolution dis2 approving such an Act has, within the applicable period, 

3 passed both Houses of Congress and has been transmitted 

4 to the President, such resolution, upon becoming law, sub5 sequent to the expiration of such period, shall be deemed 

6 to have repealed such Act, as of the date such resolution 

7 becomes law. The provisions of section 604 shall apply 

8 with respect to any joint resolution disapproving any Act 

9 pursuant to this paragraph.’’. 

10 (c) CONFORMING AMENDMENTS.—(1) Sections 

11 467(d), 471(c), 472(d)(2), 475(e)(2), and 483(d), and 

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

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

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

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

16 (sec. 1–204.12(a), D.C. Official Code) is amended by in17 serting ‘‘for a fiscal year which is a control year described 

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

19 (3) Section 202(c)(2) of the District of Columbia Fi20 nancial Responsibility and Management Assistance Act of 

21 1995 (sec. 47–392.02(c)(2), D.C. Official Code) is amend22 ed by striking ‘‘the first sentence of section 446’’ and in23 serting ‘‘section 446(a)’’. 

24 (4) Section 202(d)(3)(A) of the District of Columbia 

25 Financial Responsibility and Management Assistance Act 
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1 of 1995 (sec. 47–392.02(d)(3)(A), D.C. Official Code) is 

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

3 and inserting ‘‘section 446(a)’’. 

4 (5) Section 11206 of the National Capital Revitaliza5 tion and Self-Government Improvement Act of 1997 (sec. 

6 24–106, D.C. Official Code) is amended by striking ‘‘the 

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

8 446(c)’’. 

9 (d) CLERICAL AMENDMENT.—The item relating to 

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

11 to read as follows:

‘‘446. Enactment of local budget.’’.

12 SEC. 3. ACTION BY COUNCIL OF DISTRICT OF COLUMBIA 

13 ON LINE-ITEM VETOES BY MAYOR OF PROVI14 SIONS OF BUDGET ACTS. 

15 (a) IN GENERAL.—Section 404(f) of the District of 

16 Columbia Home Rule Act (sec. 1–204.4(f), D.C. Official 

17 Code) is amended by striking ‘‘transmitted by the Chair18 man to the President of the United States’’ both places 

19 it appears and inserting the following: ‘‘incorporated in 

20 such Act (or, in the case of an item or provision contained 

21 in a budget act for a control year, transmitted by the 

22 Chairman to the President)’’. 

23 (b) CONFORMING AMENDMENT.—Section 404(f) of 

24 such Act (sec. 1–204.04(f), D.C. Official Code) is amend25 ed—
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1 (1) by striking ‘‘(f)’’ and inserting ‘‘(f)(1)’’; 

2 (2) in the fifth sentence, by striking ‘‘(as de3 fined in section 305(4) of the District of Columbia 

4 Financial Responsibility and Management Assistance 

5 Act of 1995), this subsection’’ and inserting ‘‘this 

6 paragraph’’; and 

7 (3) by adding at the end the following new 

8 paragraph: 

9 ‘‘(2) In this subsection, the term ‘control year’ has 

10 the meaning given such term in section 305(4) of the Dis11 trict of Columbia Financial Responsibility and Manage12 ment Assistance Act of 1995.’’. 

13 SEC. 4. PERMITTING EMPLOYEES TO BE HIRED IF POSI14 TION AUTHORIZED BY ACT OF THE COUNCIL. 

15 Section 447 of the District of Columbia Home Rule 

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

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

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

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

20 year)’’; and 

21 (2) by striking ‘‘Acts of Congress’’ and insert22 ing ‘‘acts of the Council (or Acts of Congress, in the 

23 case of a year which is a control year)’’. 
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1 SEC. 5. OTHER CONFORMING AMENDMENTS RELATING TO 

2 CHANGES IN FEDERAL ROLE IN BUDGET 

3 PROCESS. 

4 (a) FEDERAL AUTHORITY OVER BUDGET-MAKING

5 PROCESS.—Section 603(a) of the District of Columbia 

6 Home Rule Act (sec. 1–206.03, D.C. Official Code) is 

7 amended by inserting before the period at the end the fol8 lowing: ‘‘for a fiscal year which is a control year’’. 

9 (b) RESTRICTIONS APPLICABLE DURING CONTROL

10 YEARS.—Section 603(d) of such Act (sec. 1–206.03(d), 

11 D.C. Official Code) is amended to read as follows: 

12 ‘‘(d) In the case of a fiscal year which is a control 

13 year, the Council may not approve, and the Mayor may 

14 not forward to the President, any budget which is not con15 sistent with the financial plan and budget established for 

16 the fiscal year under subtitle A of title II of the District 

17 of Columbia Financial Responsibility and Management 

18 Assistance Act of 1995.’’. 

19 (c) DEFINITION.—Section 603(f) of such Act (sec. 1–

20 206.03(f), D.C. Official Code) is amended to read as fol21 lows: 

22 ‘‘(f) In this section, the term ‘control year’ has the 

23 meaning given such term in section 305(4) of the District 

24 of Columbia Financial Responsibility and Management 

25 Assistance Act of 1995.’’. 
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1 SEC. 6. CONTINUATION OF GENERAL PROVISIONS IN AP2 PROPRIATIONS ACTS. 

3 Any general provision contained in a general appro4 priation bill which includes the appropriation of Federal 

5 payments to the District of Columbia for a fiscal year (or, 

6 in the case of such a bill which is included as a division, 

7 title, or other portion of another general appropriation bill, 

8 any general provision contained in such division, title, or 

9 other portion) in effect on the date of enactment of this 

10 Act shall remain in effect until the date of the enactment 

11 of a general appropriation bill which includes the appro12 priation of Federal payments to the District of Columbia 

13 for the following fiscal year. 

14 SEC. 7. EFFECTIVE DATE. 

15 The amendments made by this Act shall apply to 

16 budgets of the District of Columbia for fiscal years begin17 ning on or after October 1, 2006.

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