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[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4445 Introduced in House (IH)]

<DOC>

116th CONGRESS
  1st Session
                                H. R. 4445

   To amend the District of Columbia Home Rule Act to provide for a 
 uniform 60-day period for Congress to review laws of the District of 
 Columbia before such laws may take effect, to permit Congress to use 
    the authorities and procedures available under such Act for the 
 consideration and enactment of resolutions of disapproval of laws of 
  the District of Columbia to disapprove specific provisions of such 
laws, to clarify the expedited procedures available under such Act for 
  the consideration of such resolutions of disapproval, and for other 
                               purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           September 20, 2019

  Mr. Gosar (for himself, Mr. Meadows, and Mr. Norman) introduced the 
 following bill; which was referred to the Committee on Oversight and 
 Reform, and in addition to the Committee on 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 for a 
 uniform 60-day period for Congress to review laws of the District of 
 Columbia before such laws may take effect, to permit Congress to use 
    the authorities and procedures available under such Act for the 
 consideration and enactment of resolutions of disapproval of laws of 
  the District of Columbia to disapprove specific provisions of such 
laws, to clarify the expedited procedures available under such Act for 
  the consideration of such resolutions of disapproval, and for other 
                               purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``District of Columbia Home Rule 
Improvement Act''.

SEC. 2. FINDINGS; SENSE OF CONGRESS.

    (a) Findings.--Congress finds the following:
            (1) The District of Columbia was granted limited autonomy 
        in 1973 by Congress, who at the time did not wish to intervene 
        in the day-to-day governance of the city.
            (2) This grant of limited autonomy by Congress may be 
        revoked by Congress at any time.
            (3) Article 1, section 8, clause 17 of the United States 
        Constitution provides Congress with the exclusive jurisdiction 
        over the District of Columbia.
            (4) This clause was included for specific reasons, notably 
        the fact that the operation of the seat of the Federal 
        Government of the United States, whose laws affect 
        approximately 330 million Americans, should not be impeded by 
        local ordinances, actions, or taxation.
            (5) The Framers of the Constitution had good reason for 
        this concern, having witnessed the reluctance of local 
        authorities to police disorderly conduct by protestors in June 
        of 1783, conduct that forced the adjournment of the Congress 
        and the flight of its members into neighboring States.
            (6) James Madison wrote in Federalist No. 43, ``The 
        indispensable necessity of compleat authority at the seat of 
        Government carries its own evidence with it. It is a power 
        exercised by every Legislature of the Union, I might say of the 
        world, by virtue of its general supremacy. Without it, not only 
        the public authority might be insulted and its proceedings be 
        interrupted, with impunity; but a dependence of the members of 
        the general Government, on the State comprehending the seat of 
        the Government for protection in the exercise of their duty, 
        might bring on the national councils an imputation of awe or 
        influence, equally dishonorable to the Government, and 
        dissatisfactory to the other members of the confederacy''.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1) Congress is the proper, constitutionally mandated 
        sovereign over the District of Columbia and that increasing 
        congressional oversight of the District is a wise course, in 
        particular improving the disapproval mechanisms of the District 
        of Columbia Home Rule Act to ensure that poor municipal 
        ordinances made by the congressionally provided, and 
        congressionally revocable authority provided to District's 
        municipal government can be expeditiously overturned by 
        Congress;
            (2) the District of Columbia should never become a State; 
        and
            (3) statehood for the District of Columbia would require a 
        constitutional amendment.

SEC. 3. UNIFORM 60-DAY CONGRESSIONAL REVIEW PERIOD FOR DISTRICT OF 
              COLUMBIA LAWS.

    (a) Establishment of 60-Day Period.--The second sentence of section 
602(c)(1) of the District of Columbia Home Rule Act (sec. 1-
206.02(c)(1), D.C. Official Code) is amended--
            (1) by striking ``the 30-calendar-day period (excluding 
        Saturdays, Sundays, and holidays, and any day on which neither 
        House is in session because of an adjournment sine die, a 
        recess of more than three days, or an adjournment of more than 
        three days) beginning on the day such act is transmitted'' and 
        inserting the following: ``the 60-day period (excluding days 
        either House of Congress is adjourned for more than 3 days 
        during a session of Congress) beginning on the day such act is 
        transmitted''; and
            (2) by striking ``such 30-day period'' each place it 
        appears and inserting ``such 60-day period''.
    (b) Elimination of Alternative Period for Acts Affecting Criminal 
Laws.--Section 602(c) of such Act (sec. 1-206.02(c), D.C. Official 
Code) is amended--
            (1) by striking paragraph (2); and
            (2) by redesignating paragraph (3) as paragraph (2).

SEC. 4. AUTHORIZING USE OF RESOLUTIONS OF DISAPPROVAL TO DISAPPROVE 
              PROVISIONS OF DISTRICT OF COLUMBIA LAWS.

    (a) Authorization.--The second sentence of section 602(c)(1) of the 
District of Columbia Home Rule Act (sec. 1-206.02(c)(1), D.C. Official 
Code) is amended--
            (1) by striking ``such act shall take effect'' and 
        inserting ``such act and each provision thereof'';
            (2) by striking ``a joint resolution disapproving such 
        act'' and inserting ``a joint resolution disapproving such act 
        or any provision thereof'';
            (3) by striking ``disapproving such an act'' and inserting 
        ``disapproving such an act or any provision thereof''; and
            (4) by striking ``to have repealed such act'' and inserting 
        ``to have repealed such act or such provision (as the case may 
        be)''.
    (b) Conforming Amendment Relating to Application of Expedited 
Procedures for Consideration of Resolutions.--The third sentence of 
section 602(c)(1) of such Act (sec. 1-206.02(c)(1), D.C. Official Code) 
is amended by striking ``disapproving such act'' and inserting 
``disapproving such act or any provision thereof''.
    (c) Rule of Construction.--Section 602(c)(1) of such Act (sec. 1-
206.02(c)(1), D.C. Official Code) is amended by adding at the end the 
following new sentence: ``The enactment of a resolution disapproving a 
provision of an act pursuant to this paragraph may not be construed to 
repeal any of the remaining provisions of the act.''.

SEC. 5. CLARIFICATION OF EXPEDITED PROCEDURES APPLICABLE TO 
              CONSIDERATION OF RESOLUTIONS OF DISAPPROVAL.

    (a) Application of All Procedures to All Resolutions of 
Disapproval.--The third sentence of section 602(c)(1) of the District 
of Columbia Home Rule Act (sec. 1-206.02(c)(1), D.C. Official Code) is 
amended by striking ``section 604, except subsections (d), (e), and (f) 
of such section,'' and inserting ``section 604''.
    (b) Clarification of Procedures.--Section 604 of such Act (sec. 1-
206.04, D.C. Official Code) is amended by striking subsections (c) 
through (j) and inserting the following:
    ``(c) Referral to Committees.--A resolution with respect to Council 
action shall be referred to the Committee on Oversight and Reform of 
the House of Representatives, or the Committee on Homeland Security and 
Governmental Affairs of the Senate, by the President of the Senate or 
the Speaker of the House of Representatives, as the case may be.
    ``(d) Procedures in House of Representatives.--(1) In the House of 
Representatives, if the committee to which a resolution has been 
referred has not reported it at the end of twenty calendar days after 
its introduction, it is in order to move to discharge the committee 
from further consideration of any other resolution with respect to the 
same Council action which has been referred to the committee.
    ``(2) In the House, a motion to discharge may be made only by an 
individual favoring the resolution, is highly privileged (except that 
it may not be made after the committee has reported a resolution with 
respect to the same action), and debate thereon shall be limited to not 
more than one hour, to be divided equally between those favoring and 
those opposing the resolution. An amendment to the motion is not in 
order, and it is not in order to move to reconsider the vote by which 
the motion is agreed to or disagreed to.
    ``(3) In the House, if the motion to discharge is agreed to or 
disagreed to, the motion may not be renewed, nor may another motion to 
discharge the committee be made with respect to any other resolution 
with respect to the same action.
    ``(4) In the House, when the committee has reported, or has been 
discharged from further consideration of, a resolution, it is at any 
time thereafter in order (even though a previous motion to the same 
effect has been disagreed to) to move to proceed to the consideration 
of the resolution. The motion is highly privileged and is not 
debatable. An amendment to the motion is not in order, and it is not in 
order to move to reconsider the vote by which the motion is agreed to 
or disagreed to.
    ``(5) In the House, debate on the resolution shall be limited to 
not more than ten hours, which shall be divided equally between those 
favoring and those opposing the resolution. A motion further to limit 
debate is not debatable. An amendment to, or motion to recommit, the 
resolution is not in order, and it is not in order to move to 
reconsider the vote by which the resolution is agreed to or disagreed 
to.
    ``(6) In the House, motions to postpone made with respect to the 
discharge from committee or the consideration of a resolution, and 
motions to proceed to the consideration of other business, shall be 
decided without debate.
    ``(7) In the House, appeals from the decisions of the Chair 
relating to the application of the Rules of the House of 
Representatives to the procedure relating to a resolution shall be 
decided without debate.
    ``(e) Procedures in Senate.--(1) In the Senate, if the committee to 
which is referred a resolution described in subsection (b) has not 
reported such joint resolution (or an identical joint resolution) at 
the end of 20 calendar days after its introduction, such committee may 
be discharged from further consideration of such joint resolution upon 
a written demand by any Member of the Senate, and such joint resolution 
shall be placed on the calendar.
    ``(2)(A) In the Senate, when the committee to which a resolution is 
referred has reported, or when a committee is discharged (under 
paragraph (1)) from further consideration of a resolution described in 
subsection (b), it is at any time thereafter in order (even though a 
previous motion to the same effect has been disagreed to) for a motion 
to proceed to the consideration of the resolution, and all points of 
order against the resolution (and against consideration of the 
resolution) are waived. The motion is not subject to amendment, or to a 
motion to postpone, or to a motion to proceed to the consideration of 
other business. A motion to reconsider the vote by which the motion is 
agreed to or disagreed to shall not be in order. If a motion to proceed 
to the consideration of the resolution is agreed to, the resolution 
shall remain the unfinished business of the Senate until disposed of.
    ``(B) In the Senate, debate on the resolution, and on all debatable 
motions and appeals in connection therewith, shall be limited to not 
more than 10 hours, which shall be divided equally between those 
favoring and those opposing the resolution. A motion further to limit 
debate is in order and not debatable. An amendment to, or a motion to 
postpone, or a motion to proceed to the consideration of other 
business, or a motion to recommit the resolution is not in order.
    ``(C) In the Senate, immediately following the conclusion of the 
debate on a resolution described in subsection (b), and a single quorum 
call at the conclusion of the debate if requested in accordance with 
the rules of the Senate, the vote on final passage of the resolution 
shall occur.
    ``(D) Appeals from the decisions of the Chair relating to the 
application of the rules of the Senate to the procedure relating to a 
resolution described in subsection (a) shall be decided without debate.
    ``(3) In the Senate the procedure specified in paragraph (1) or (2) 
shall not apply to the consideration of a resolution after the 
expiration of the 60 session days beginning with the date of the 
introduction of the joint resolution.
    ``(f) Coordination Between Houses.--If, before the passage by one 
House of a resolution of that House described in subsection (b), that 
House receives from the other House a resolution described in 
subsection (b), then the following procedures shall apply:
            ``(1) The resolution of the other House shall not be 
        referred to a committee.
            ``(2) Any Member of that House may at any time offer a 
        motion to proceed to the consideration of the resolution of the 
        other House, and such motion shall be considered in accordance 
        with paragraph (4) of subsection (d) (in the case of a motion 
        in the House) or in accordance with paragraph (2) of subsection 
        (e) (in the case of a motion in the Senate).
            ``(3) With respect to a resolution described in subsection 
        (a) of the House receiving the resolution--
                    ``(A) the procedure in that House shall be the same 
                as if no resolution had been received from the other 
                House; but
                    ``(B) the vote on final passage shall be on the 
                resolution of the other House.''.

SEC. 6. EFFECTIVE DATE.

    This Act and the amendments made by this Act shall apply with 
respect to acts of the District of Columbia which are transmitted to 
Congress by the Council of the District of Columbia under section 
602(c) of the District of Columbia Home Rule Act on or after the date 
of the enactment of this Act.
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