I
104TH CONGRESS
1ST SESSION
H. R. 2661
To amend the District of Columbia Self-Government and Governmental Reor-
ganization 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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘District of Columbia
Fiscal Protection Act of 1995’’.
SEC. 2. PERMITTING DISTRICT OF COLUMBIA TO EXPEND
DISTRICT FUNDS DURING PERIOD OF DELAY
IN CONGRESSIONAL ENACTMENT OF DIS-
TRICT OF COLUMBIA APPROPRIATIONS ACT.
(a) IN GENERAL.—Subpart 1 of part D of title IV
of the District of Columbia Self-Government and Govern-
mental Reorganization Act is amended by inserting after
section 446 (sec. 47–304, D.C. Code) the following new
section:
‘‘EXPENDITURE OF DISTRICT FUNDS DURING DELAY IN
CONGRESSIONAL ENACTMENT OF BUDGET
‘‘SEC. 446A. (a) EXPENDITURE PERMITTED.—
‘‘(1) IN
GENERAL.—Notwithstanding section
446, if the District of Columbia Appropriations Act
for a fiscal year has not been enacted by the first
day of the fiscal year, during the period described in
subsection (c) an officer or employee of the District
of Columbia government may obligate or expend
amounts out of the general fund, enterprise funds,
and other non-Federal funds of the District of Co-
lumbia for the fiscal year under the authority and
conditions provided in such Act for continuing the
operations of the government of the District of Co-
lumbia and other activities chargeable in whole or in
part against the revenues of the District that were
conducted in the previous fiscal year and for which
appropriations, funds, or other authority would be
available in such Act.
‘‘(2) NOTIFICATION
OF
FINANCIAL
RESPON-
SIBILITY AND MANAGEMENT ASSISTANCE AUTHOR-
ITY.—In the case of a fiscal year which is a control
year (as defined in section 305(4) of the District of
Columbia Financial Responsibility and Management
Assistance Act of 1995), no obligations or expendi-
tures may be made pursuant to this subsection until
the Mayor of the District of Columbia has provided
to the District of Columbia Financial Responsibility
and Management Assistance Authority prior written
notification regarding such obligations and expendi-
tures.
‘‘(b) APPLICABLE RATE OF OBLIGATIONS AND EX-
PENDITURES.—
‘‘(1) 
COMPARISON
TO
PREVIOUS
FISCAL
YEAR.—No amount made available for obligation or
expenditure for a project or activity under subsection
(a) for a fiscal year may be greater than the amount
or authority provided in the previous fiscal year for
such project or activity.
‘‘(2) DIFFERENCES IN AMOUNTS PROVIDED IN
HOUSE AND SENATE LEGISLATION.—If an amount
or authority made available for obligation or expend-
iture for a project or activity for a fiscal year under
the District of Columbia Appropriations Act for the
fiscal year as passed by the House of Representa-
tives is different from the amount made available
under such Act as passed by the Senate, the amount
made available for obligation or expenditure for the
project or activity under subsection (a) shall be the
lesser of—
‘‘(A) the amount or authority made avail-
able as permitted by the action of the House;
‘‘(B) the amount or authority made avail-
able as permitted by the action of the Senate;
or
‘‘(C) the amount or authority provided in
the previous fiscal year.
‘‘(c) PERIOD DESCRIBED.—The period described in
this subsection with respect to a fiscal year is the period
which begins on the first day of the fiscal year and ends
on the date of enactment of the District of Columbia Ap-
propriations Act for the fiscal year.’’.
(b) CONFORMING AMENDMENT.—The fourth sen-
tence of section 446 of such Act (sec. 47–304, D.C. Code)
is amended—
(1) by striking ‘‘and subsections’’ and inserting
‘‘subsections’’; and
(2) by inserting ‘‘and section 446A,’’ after ‘‘sec-
tion 490,’’.
(c) CLERICAL AMENDMENT.—The table of contents
for subpart 1 of part D of title IV of such Act is amended
by inserting after the item relating to section 446 the fol-
lowing new item:
‘‘Sec. 446A. Expenditure of District funds during delay in Congressional
enactment of budget.’’.
SEC. 3. AUTOMATIC MONTHLY PRO-RATED APPROPRIA-
TION OF FEDERAL PAYMENT DURING PERIOD
OF DELAY IN ENACTMENT OF DISTRICT OF
COLUMBIA APPROPRIATIONS ACT.
(a) IN GENERAL.—Title V of the District of Colum-
bia Self-Government and Governmental Reorganization
Act (sec. 47–3405 et seq., D.C. Code) is amended by add-
ing at the end the following new section:
‘‘PRO-RATED
APPROPRIATION
OF
FEDERAL
PAYMENT
DURING PERIOD OF DELAY IN CONGRESSIONAL EN-
ACTMENT
‘‘SEC. 504. (a) IN GENERAL.—For each fiscal year
for which the annual Federal payment is authorized under
this title and for which there has not been enacted legisla-
tion appropriating the payment by the first day of the fis-
cal year, there is hereby appropriated to the District of
Columbia on the first day of each month which occurs dur-
ing the period described in subsection (b) an amount equal
to 1⁄12 of the lesser of—
‘‘(1) the amount proposed to be appropriated as
the annual Federal payment under this title in the
District of Columbia Appropriations Act for the fis-
cal year, as passed by the House of Representatives;
‘‘(2) the amount proposed to be appropriated as
the annual Federal payment under this title in the
District of Columbia Appropriations Act for the fis-
cal year, as passed by the Senate; or
‘‘(3) the amount appropriated as the annual
Federal payment under this title in the District of
Columbia Appropriations Act for the previous fiscal
year.
‘‘(b) PERIOD DESCRIBED.—The period described in
this subsection with respect to a fiscal year is the period
which begins on the first day of the fiscal year and ends
on the date of enactment of the District of Columbia Ap-
propriations Act for the fiscal year.’’.