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103D CONGRESS

1ST SESSION H. R. 2071

To amend the District of Columbia Self-Government and Governmental Reorganization Act to eliminate Congressional review of newly-passed District

laws, to provide the District of Columbia with autonomy over its budgets,

and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

MAY 11, 1993

Ms. NORTON (for herself and Mr. MCDERMOTT) introduced the following bill;

which was referred jointly to the Committees on the District of Columbia

and Rules

A BILL

To amend the District of Columbia Self-Government and

Governmental Reorganization Act to eliminate Congressional review of newly-passed District laws, 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; REFERENCES IN ACT.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘District of Columbia Legislative and Budget Autonomy

6 Act of 1993’’.
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1 (b) REFERENCES IN ACT.—Whenever in this Act an

2 amendment is expressed in terms of an amendment to or

3 repeal of a section or other provision, the reference shall

4 be considered to be made to that section or other provision

5 of the District of Columbia Self-Government and Govern6 mental Reorganization Act.

7 SEC. 2. DISTRICT OF COLUMBIA BUDGET AUTONOMY.

8 (a) ENACTMENT OF DISTRICT OF COLUMBIA BUDG9 ET WITHOUT FURTHER CONGRESSIONAL APPROVAL.—

10 (1) IN GENERAL.—Section 446 (sec. 47–304,

11 D.C. Code) is amended by striking the third, fourth,

12 and fifth sentences and inserting the following: ‘‘Ex13 cept as provided in section 467(d), section 471(c),

14 section 472(d)(2), section 483(d), and subsections

15 (f) and (g)(3) of section 490, no amount may be ob16 ligated or expended by any officer or employee of the

17 District of Columbia government unless such

18 amount has been approved by Act of Congress, an

19 act of the Council, or a directive of the President

20 under section 740, and then only in accordance with

21 such authorization.’’.

22 (2) CONFORMING AMENDMENTS.—(A) Sections

23 467(d), 471(c), 472(d)(2), and 483(d) and sub24 sections (f) and (g)(3) of section 490 are each
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1 amended by striking ‘‘fourth sentence’’ and inserting

2 ‘‘second sentence’’.

3 (B) Section 412(a) (D.C. Code, sec. 1–229(a))

4 is amended by striking ‘‘(other than an act to which

5 section 446 applies)’’.

6 (3) CLERICAL AMENDMENTS.—(A) The heading

7 of section 446 is amended to read as follows:

8 ‘‘ENACTMENT OF BUDGET BY THE COUNCIL’’

9 (B) The item relating to section 446 in the

10 table of contents is amended to read as follows:

‘‘Sec. 446. Enactment of budget by the Council.’’.

11 (b) ACTION BY COUNCIL OF DISTRICT OF COLUMBIA

12 ON BUDGET ACTS.—Section 404(f) (sec. 1–227(f), D.C.

13 Code) is amended by striking ‘‘transmitted by the Chair14 man to the President of the United States’’ both places

15 it appears and inserting ‘‘incorporated in such Act’’.

16 (c) PERMITTING EMPLOYEES TO BE HIRED IF POSI17 TION AUTHORIZED BY ACT OF THE COUNCIL.—Section

18 447 (sec. 47–305, D.C. Code) is amended—

19 (1) by inserting ‘‘or act of the Council’’ after

20 ‘‘Act of Congress’’ both places it appears; and

21 (2) by inserting ‘‘and acts of the Council’’ after

22 ‘‘Acts of Congress’’.

23 (d) AMENDMENTS TO LIMITATIONS ON BORROWING

24 AND SPENDING BY THE DISTRICT TO REFLECT CHANGES

25 IN BUDGET PROCESS.—
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1 (1) FEDERAL AUTHORITY OVER BUDGET-MAK2 ING PROCESS.—Section 603 (sec. 47–313, D.C.

3 Code) is amended—

4 (A) by striking subsections (a) and (d);

5 and

6 (B) by redesignating subsections (b), (c),

7 and (e) as subsections (a), (b), and (c).

8 (2) CONFORMING AMENDMENTS.—(A) Section

9 443(8) (sec. 47–302(8), D.C. Code) is amended by

10 striking ‘‘section 603(b)’’ and inserting ‘‘section

11 603(a)’’.

12 (B) Section 445 (sec. 47–304, D.C. Code) is

13 amended by striking ‘‘603(c)’’ and inserting

14 ‘‘603(b)’’.

15 (C) Section 461(a)(1) (sec. 47–321(a), D.C.

16 Code) is amended by striking ‘‘section 603(b)’’ and

17 inserting ‘‘section 603(a)’’.

18 (D) Section 487(a) (sec. 43–615(a), D.C. Code)

19 is amended by striking ‘‘section 603(b)’’ and insert20 ing ‘‘section 603(a)’’.

21 (e) EFFECTIVE DATE.—The amendments made by

22 this section shall apply to budgets of the District of Co23 lumbia for fiscal years beginning on or after October 1,

24 1993.
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1 SEC. 3. ELIMINATION OF CONGRESSIONAL REVIEW OF

2 NEWLY-PASSED DISTRICT LAWS.

3 (a) IN GENERAL.—Section 602 (sec. 1–233, D.C.

4 Code) is amended by striking subsection (c).

5 (b) CONGRESSIONAL RESOLUTIONS OF DIS6 APPROVAL.—

7 (1) IN GENERAL.—The District of Columbia

8 Self-Government and Governmental Reorganization

9 Act is amended by striking section 604.

10 (2) CLERICAL AMENDMENT.—The table of con11 tents is amended by striking the item relating to sec12 tion 604.

13 (3) EXERCISE OF RULEMAKING POWER.—This

14 subsection and the amendments made by this sub15 section are enacted by Congress—

16 (A) as an exercise of the rulemaking power

17 of the House of Representatives and the Sen18 ate, respectively, and as such they shall be con19 sidered as a part of the rules of each House, re20 spectively, or of that House to which they spe21 cifically apply, and such rules shall supersede

22 other rules only to the extent that they are in23 consistent therewith; and

24 (B) with full recognition of the constitu25 tional right of either House to change such

26 rules (so far as relating to such House) at any
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1 time, in the same manner, and to the same ex2 tent as in the case of any other rule of such

3 House.

4 (c) CONFORMING AMENDMENTS.—(1) Section 303

5 (sec. 1–205, D.C. Code) is amended—

6 (A) in subsection (a), by striking the second

7 sentence; and

8 (B) by striking subsection (b) and redesignating

9 subsections (c) and (d) as subsections (b) and (c).

10 (2) Section 404(e) (sec. 1–227(e), D.C. Code) is

11 amended by striking ‘‘subject to the provisions of section

12 602(c)’’ each place it appears.

13 (3) Section 462 (sec. 47–322, D.C. Code) is amend14 ed—

15 (A) in subsection (a), by striking ‘‘(a) The

16 Council’’ and inserting ‘‘The Council’’; and

17 (B) by striking subsections (b) and (c).

18 (4) Section 472(d) (sec. 47–328, D.C. Code) is

19 amended by striking ‘‘(1) Notwithstanding’’ and all that

20 follows through ‘‘(2)’’.

21 (5) Section 2(b)(1) of Amendment No. 1 (relating to

22 initiative and referendum) to title IV (the District Char23 ter) (sec. 1–282(b)(1), D.C. Code) is amended by striking

24 ‘‘the appropriate custodian’’ and all that follows through

25 ‘‘portion of such act to’’.
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1 (6) Section 5 of Amendment No. 1 (relating to initia2 tive and referendum) to title IV (the District Charter)

3 (sec. 1–285, D.C. Code) is amended by striking ‘‘, and

4 such act’’ and all that follows and inserting a period.

5 (7) Section 16 of the District of Columbia Election

6 Code of 1955 (sec. 1–1320, D.C. Code)—

7 (A) in subsection (j)(2)—

8 (i) by striking ‘‘sections 404 and 602(c)’’

9 and inserting ‘‘section 404’’, and

10 (ii) by striking the second sentence; and

11 (B) in subsection (m)—

12 (i) in the first sentence, by striking ‘‘the

13 appropriate custodian’’ and all that follows

14 through ‘‘parts of such act to’’,

15 (ii) by striking ‘‘is held. If, however, after’’

16 and inserting ‘‘is held unless, under’’, and

17 (iii) by striking ‘‘section, the act which’’

18 and all that follows and inserting ‘‘section.’’.

19 (d) EFFECTIVE DATE.—The amendments made by

20 this section shall apply with respect to each act of the Dis21 trict of Columbia—

22 (1) passed by the Council of the District of Co23 lumbia and signed by the Mayor of the District of

24 Columbia;
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1 (2) vetoed by the Mayor and repassed by the

2 Council;

3 (3) passed by the Council and allowed to be4 come effective by the Mayor without the Mayor’s sig5 nature; and

6 (4) in the case of initiated acts and acts subject

7 to referendum, ratified by a majority of the reg8 istered qualified electors voting on the initiative or

9 referendum,

10 on or after October 1, 1993.

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