[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2661 Introduced in House (IH)]







104th CONGRESS
  1st Session
                                H. R. 2661

  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.


_______________________________________________________________________


                    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 Representatives 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 DISTRICT OF 
              COLUMBIA APPROPRIATIONS ACT.

    (a) In General.--Subpart 1 of part D of title IV of the District of 
Columbia Self-Government and Governmental 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 Columbia for the fiscal 
        year under the authority and conditions provided in such Act 
        for continuing the operations of the government of the District 
        of Columbia 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 responsibility and 
        management assistance authority.--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 expenditures 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 
        expenditures.
    ``(b) Applicable Rate of Obligations and Expenditures.--
            ``(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 expenditure 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 Representatives 
        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 available as 
                permitted by the action of the House;
                    ``(B) the amount or authority made available 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 Appropriations Act for the fiscal year.''.
    (b) Conforming Amendment.--The fourth sentence 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 ``section 
        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 following new item:

        ``Sec. 446A. Expenditure of District funds during delay in 
                            Congressional enactment of budget.''.

SEC. 3. AUTOMATIC MONTHLY PRO-RATED APPROPRIATION OF FEDERAL PAYMENT 
              DURING PERIOD OF DELAY IN ENACTMENT OF DISTRICT OF 
              COLUMBIA APPROPRIATIONS ACT.

    (a) In General.--Title V of the District of Columbia Self-
Government and Governmental Reorganization Act (sec. 47-3405 et seq., 
D.C. Code) is amended by adding at the end the following new section:

``pro-rated appropriation of federal payment during period of delay in 
                        congressional enactment

    ``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 legislation appropriating the payment by the 
first day of the fiscal year, there is hereby appropriated to the 
District of Columbia on the first day of each month which occurs during 
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 fiscal 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 fiscal 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 Appropriations Act for the fiscal year.''.
    (b) Clerical Amendment.--The table of contents for title V of such 
Act is amended by inserting after the item relating to section 503 the 
following new item:

        ``Sec. 504. Pro-rated appropriation of Federal payment during 
                            period of delay in congressional 
                            enactment.''.

SEC. 4. EFFECTIVE DATE.

    The amendments made by this Act shall apply with respect to fiscal 
years beginning with fiscal year 1996.
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