District of Columbia Home Rule Expansion Act of 2022
Bill: H.R.8861 | Sponsor: Del. Norton, Eleanor Holmes (D-DC)
Policy area: Law

Summary:
District of Columbia Home Rule Expansion Act of 2022
This bill provides the District of Columbia (DC) with exclusive authority to prosecute, and grant clemency for, violations of its criminal laws. (Currently, the authority to prosecute crimes is shared between DC and the federal government, while the authority to grant clemency is held by the President.)
Additionally, the bill eliminates the congressional review period that applies to legislation passed by the DC council. (Under current law, Congress reviews legislation passed by the council and may issue a joint resolution disapproving of the legislation; if the President signs the resolution, the legislation may not become law.)

To provide for expanded home rule for the residents of the District of 
                   Columbia, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``District of 
Columbia Home Rule Expansion Act of 2022''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
                     TITLE I--LEGISLATIVE HOME RULE

Sec. 101. Short title; references in title.
Sec. 102. Elimination of Congressional review period for District of 
                            Columbia acts.
Sec. 103. Effective date.
                  TITLE II--CRIMINAL JUSTICE HOME RULE

                    Subtitle A--Prosecutor Home Rule

Sec. 201. Short title.
Sec. 202. Responsibility of local prosecutor's office for conduct of 
                            all District of Columbia prosecutions.
                     Subtitle B--Clemency Home Rule

Sec. 211. Short title.
Sec. 212. Authority to grant clemency for crimes under laws of the 
                            District of Columbia.

                     TITLE I--LEGISLATIVE HOME RULE

SEC. 101. SHORT TITLE; REFERENCES IN TITLE.

    (a) Short Title.--This title may be cited as the ``District of 
Columbia Legislative Home Rule Act''.
    (b) References in Act.--Except as may otherwise be provided, 
whenever in this title an amendment is expressed in terms of an 
amendment to or repeal of a section or other provision, the reference 
shall be considered to be made to that section or other provision of 
the District of Columbia Home Rule Act.

SEC. 102. ELIMINATION OF CONGRESSIONAL REVIEW PERIOD FOR DISTRICT OF 
              COLUMBIA ACTS.

    (a) In General.--Section 602 (sec. 1-206.02, D.C. Official Code) is 
amended by striking subsection (c).
    (b) Congressional Resolutions of Disapproval.--
            (1) In general.--Section 604 (sec. 1-206.04, D.C. Official 
        Code) is repealed.
            (2) Clerical amendment.--The table of contents is amended 
        by striking the item relating to section 604.
            (3) Exercise of rulemaking power.--This subsection and the 
        amendments made by this subsection are enacted by Congress--
                    (A) as an exercise of the rulemaking power of the 
                House of Representatives and the Senate, respectively, 
                and as such they shall be considered as a part of the 
                rules of each House, respectively, or of that House to 
                which they specifically apply, and such rules shall 
                supersede other rules only to the extent that they are 
                inconsistent therewith; and
                    (B) with full recognition of the constitutional 
                right of either House to change such rules (so far as 
                relating to such House) at any time, in the same 
                manner, and to the same extent as in the case of any 
                other rule of such House.
    (c) Conforming Amendments.--
            (1) District of columbia home rule act.--(A) Section 303 
        (sec. 1-203.03, D.C. Official Code) is amended--
                    (i) in subsection (a), by striking the second 
                sentence; and
                    (ii) by striking subsection (b) and redesignating 
                subsections (c) and (d) as subsections (b) and (c).
            (B) Section 404 (sec. 1-204.04, D.C. Official Code) is 
        amended by striking ``subject to the provisions of section 
        602(c)'' each place it appears in subsections (e) and (f).
            (C) Section 446 (sec. 1-204.46, D.C. Official Code) is 
        amended--
                    (i) in subsection (a), by striking the third 
                sentence; and
                    (ii) in paragraph (1) of subsection (c), by 
                striking ``and such act has been transmitted by the 
                Chairman to the Congress and has completed the review 
                process under section 602(c)(3)''.
            (D) Section 462 (sec. 1-204.62, D.C. Official Code) is 
        amended--
                    (i) in subsection (a), by striking ``(a) The 
                Council'' and inserting ``The Council''; and
                    (ii) by striking subsections (b) and (c).
            (E) Section 472(d)(1) (sec. 1-204.72(d)(1), D.C. Official 
        Code) is amended by striking ``Notwithstanding section 
        602(c)(1), any act of the Council'' and inserting ``Any act of 
        the Council''.
            (F) Section 475(e)(1) (sec. 1-204.75(e)(1), D.C. Official 
        Code) is amended by striking ``Notwithstanding section 
        602(c)(1), any act of the Council'' and inserting ``Any act of 
        the Council''.
            (2) Other laws.--(A) Section 2(b)(1) of Amendment No. 1 
        (relating to initiative and referendum) to title IV (the 
        District Charter) (sec. 1-204.102(b)(1), D.C. Official Code) is 
        amended by striking ``the appropriate custodian'' and all that 
        follows through ``portion of such act to''.
            (B) Section 5 of Amendment No. 1 (relating to initiative 
        and referendum) to title IV (the District Charter) (sec. 1-
        204.105, D.C. Official Code) is amended by striking ``, and 
        such act'' and all that follows and inserting a period.

SEC. 103. EFFECTIVE DATE.

    The amendments made by this title shall apply with respect to each 
act of the District of Columbia--
            (1) passed by the Council of the District of Columbia and 
        signed by the Mayor of the District of Columbia;
            (2) vetoed by the Mayor and repassed by the Council;
            (3) passed by the Council and allowed to become effective 
        by the Mayor without the Mayor's signature; or
            (4) in the case of initiated acts and acts subject to 
        referendum, ratified by a majority of the registered qualified 
        electors voting on the initiative or referendum,
on or after the first day of the One Hundred Eighteenth Congress.

                  TITLE II--CRIMINAL JUSTICE HOME RULE

                    Subtitle A--Prosecutor Home Rule

SEC. 201. SHORT TITLE.

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

SEC. 202. RESPONSIBILITY OF LOCAL PROSECUTOR'S OFFICE FOR CONDUCT OF 
              ALL DISTRICT OF COLUMBIA PROSECUTIONS.

    (a) In General.--Section 23-101, D.C. Official Code, is amended by 
striking subsections (a) through (f) and inserting the following:
    ``(a) Prosecutions for violations of all police or municipal 
ordinances or regulations of the District of Columbia and for 
violations of all penal statutes of the District of Columbia in the 
nature of police or municipal regulations shall be conducted in the 
name of the District of Columbia by the head of the local prosecutor's 
office or the assistants of the head of such office, except as may 
otherwise be provided in any such ordinance, regulation, or statute of 
the District of Columbia.
    ``(b) In this section, the `local prosecutor's office' is the 
office designated under local law of the District of Columbia as the 
office responsible for conducting prosecutions under this section.
    ``(c) Nothing in this section shall affect the authority of the 
Attorney General of the United States or the United States Attorney for 
the District of Columbia to exercise jurisdiction concerning violations 
of the laws of the United States.''.
    (b) Effective Date.--The amendments made by this section shall 
apply with respect to violations of District of Columbia ordinances, 
regulations, and statutes which occur after the expiration of the 1-
year period which begins on the date on which a local law of the 
District of Columbia which designates the local prosecutor's office for 
purposes of section 23-101(b), D.C. Official Code (as amended by 
subsection (a)), takes effect.
    (c) Retention of Federal Benefits by Continuing Employees.--With 
respect to any individual who is an employee of the United States 
Attorney for the District of Columbia as of the day before the date 
described in subsection (b) and continues to be employed by the local 
prosecutor's office designated for purposes of section 23-101(b), D.C. 
Official Code (as amended by subsection (a))--
            (1) such individual shall continue to be treated as an 
        employee of the Federal Government for purposes of receiving 
        benefits under any chapter of subpart G of part III of title 5, 
        United States Code; and
            (2) such designated local prosecutor's office shall be 
        treated as the employing agency of the individual with respect 
        to such benefits.

                     Subtitle B--Clemency Home Rule

SEC. 211. SHORT TITLE.

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

SEC. 212. AUTHORITY TO GRANT CLEMENCY FOR CRIMES UNDER LAWS OF THE 
              DISTRICT OF COLUMBIA.

    (a) Authority Described.--The authority to grant clemency for 
crimes under the laws of the District of Columbia shall be exercised by 
such person or persons, and under such terms and conditions, as may be 
provided under law enacted by the District of Columbia.
    (b) Rule of Construction.--Nothing in this subtitle may be 
construed--
            (1) to affect any authority exercised by the President or 
        the Mayor of the District of Columbia prior to the effective 
        date of any law enacted by the District of Columbia pursuant to 
        this Act with respect to the authority to grant clemency for 
        crimes under the laws of the District of Columbia; or
            (2) to limit the authority described in subsection (a) from 
        being exercised with respect to crimes committed before, on, or 
        after the date of the enactment of this Act.
    (c) Clemency Defined.--In this subtitle, the term ``clemency'' 
means a pardon, reprieve, or commutation of sentence, or a remission of 
a fine or other financial penalty.
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