[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1267 Introduced in Senate (IS)]







108th CONGRESS
  1st Session
                                S. 1267

To amend the District of Columbia Home Rule Act to provide the District 
  of Columbia with autonomy over its budgets, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 16, 2003

 Ms. Collins (for herself, Mr. Lieberman, Mr. Stevens, Mr. Voinovich, 
  Mr. Durbin, Mr. DeWine, and Ms. Landrieu) introduced the following 
      bill; which was read twice and referred to the Committee on 
                          Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
To amend the District of Columbia Home Rule Act to provide the District 
  of Columbia with autonomy over its budgets, 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 Budget Autonomy 
Act of 2003''.

SEC. 2. ENACTMENT OF DISTRICT OF COLUMBIA LOCAL BUDGET.

    (a) In General.--Section 446 of the District of Columbia Home Rule 
Act (sec. 1-204.46, D.C. Official Code) is amended to read as follows:

                      ``enactment of local budget

    ``Sec. 446. (a) Adoption of Budgets and Supplements.--The Council, 
within 50 calendar days after receipt of the budget proposal from the 
Mayor, and after public hearing, shall by Act adopt the annual budget 
for the District of Columbia government. Any supplements thereto shall 
also be adopted by Act by the Council after public hearing.
    ``(b) Transmission to President During Control Years.--In the case 
of a budget for a fiscal year which is a control year, the budget so 
adopted shall be submitted by the Mayor to the President for 
transmission by him to the Congress, except that the Mayor shall not 
transmit any such budget, or amendments or supplements thereto, to the 
President until the completion of the budget procedures contained in 
this Act and the District of Columbia Financial Responsibility and 
Management Assistance Act of 1995.
    ``(c) Prohibiting Obligations and Expenditures Not Authorized Under 
Budget.--Except as provided in section 445A(b), section 467(d), section 
471(c), section 472(d), section 475(e), section 483(d), and subsections 
(f), (g), (h)(3), and (i)(3) of section 490, no amount may be obligated 
or expended by any officer or employee of the District of Columbia 
government unless--
            ``(1) such amount has been approved by an Act of the 
        Council (and then only in accordance with such authorization) 
        and a copy of such Act has been transmitted by the Chairman to 
        the Congress; or
            ``(2) in the case of an amount obligated or expended during 
        a control year, such amount has been approved by an Act of 
        Congress (and then only in accordance with such authorization).
    ``(d) Restrictions on Reprogramming of Amounts.--After the adoption 
of the annual budget for a fiscal year (beginning with the annual 
budget for fiscal year 1995), no reprogramming of amounts in the budget 
may occur unless the Mayor submits to the Council a request for such 
reprogramming and the Council approves the request, but only if any 
additional expenditures provided under such request for an activity are 
offset by reductions in expenditures for another activity.
    ``(e) Definition.--In this part, the term `control year' has the 
meaning given such term in section 305(4) of the District of Columbia 
Financial Responsibility and Management Assistance Act of 1995.''.
    (b) Length of Congressional Review Period for Budget Acts.--Section 
602(c) of such Act (sec. 1-206.02(c), D.C. Official Code) is amended--
            (1) in the second sentence of paragraph (1), by striking 
        ``paragraph (2)'' and inserting ``paragraphs (2) and (4)''; and
            (2) by adding at the end the following new paragraph:
    ``(4) In the case of any Act transmitted under the first sentence 
of paragraph (1) to which section 446 applies and for which the fiscal 
year involved is not a control year, such Act shall take effect upon 
the expiration of the 30-calendar-day period beginning on the day such 
Act is transmitted, or upon the date prescribed by such Act, whichever 
is later, unless during such 30-day period, there has been enacted into 
law a joint resolution disapproving such Act. If such 30-day period 
expires on 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, the period applicable under the 
previous sentence shall be extended for 5 additional days (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). In any case in 
which any such joint resolution disapproving such an Act has, within 
the applicable period, passed both Houses of Congress and has been 
transmitted to the President, such resolution, upon becoming law, 
subsequent to the expiration of such period, shall be deemed to have 
repealed such Act, as of the date such resolution becomes law. The 
provisions of section 604 shall apply with respect to any joint 
resolution disapproving any Act pursuant to this paragraph.''.
    (c) Conforming Amendments.--(1) Sections 467(d), 471(c), 472(d)(2), 
475(e)(2), and 483(d), and subsections (f), (g)(3), (h)(3), and (i)(3) 
of section 490 of such Act are each amended by striking ``The fourth 
sentence of section 446'' and inserting ``Section 446(c)''.
    (2) The third sentence of section 412(a) of such Act (sec. 1-
204.12(a), D.C. Official Code) is amended by inserting ``for a fiscal 
year which is a control year described in such section'' after 
``section 446 applies''.
    (3) Section 202(c)(2) of the District of Columbia Financial 
Responsibility and Management Assistance Act of 1995 (sec. 47-
392.02(c)(2), D.C. Official Code) is amended by striking ``the first 
sentence of section 446'' and inserting ``section 446(a)''.
    (4) Section 202(d)(3)(A) of the District of Columbia Financial 
Responsibility and Management Assistance Act of 1995 (sec. 47-
392.02(d)(3)(A), D.C. Official Code) is amended by striking ``the first 
sentence of section 446'' and inserting ``section 446(a)''.
    (5) Section 11206 of the National Capital Revitalization and Self-
Government Improvement Act of 1997 (sec. 24-106, D.C. Official Code) is 
amended by striking ``the fourth sentence of section 446'' and 
inserting ``section 446(c)''.
    (d) Clerical Amendment.--The item relating to section 446 in the 
table of contents of such Act is amended to read as follows:

        ``Sec. 446. Enactment of local budget.''.

SEC. 3. ACTION BY COUNCIL OF DISTRICT OF COLUMBIA ON LINE-ITEM VETOES 
              BY MAYOR OF PROVISIONS OF BUDGET ACTS.

    (a) In General.--Section 404(f) of the District of Columbia Home 
Rule Act (sec. 1-204.4(f), D.C. Official Code) is amended by striking 
``transmitted by the Chairman to the President of the United States'' 
both places it appears and inserting the following: ``incorporated in 
such Act (or, in the case of an item or provision contained in a budget 
act for a control year, transmitted by the Chairman to the 
President)''.
    (b) Conforming Amendment.--Section 404(f) of such Act (sec. 1-
204.04(f), D.C. Official Code) is amended--
            (1) by striking ``(f)'' and inserting ``(f)(1)'';
            (2) in the fifth sentence, by striking ``(as defined in 
        section 305(4) of the District of Columbia Financial 
        Responsibility and Management Assistance Act of 1995), this 
        subsection'' and inserting ``this paragraph''; and
            (3) by adding at the end the following new paragraph:
    ``(2) In this subsection, the term `control year' has the meaning 
given such term in section 305(4) of the District of Columbia Financial 
Responsibility and Management Assistance Act of 1995.''.

SEC. 4. PERMITTING EMPLOYEES TO BE HIRED IF POSITION AUTHORIZED BY ACT 
              OF THE COUNCIL.

    Section 447 of the District of Columbia Home Rule Act (sec. 1-
204.47, D.C. Official Code) is amended--
            (1) by striking ``Act of Congress'' each place it appears 
        and inserting ``act of the Council (or Act of Congress, in the 
        case of a year which is a control year)''; and
            (2) by striking ``Acts of Congress'' and inserting ``acts 
        of the Council (or Acts of Congress, in the case of a year 
        which is a control year)''.

SEC. 5. OTHER CONFORMING AMENDMENTS RELATING TO CHANGES IN FEDERAL ROLE 
              IN BUDGET PROCESS.

    (a) Federal Authority Over Budget-Making Process.--Section 603(a) 
of the District of Columbia Home Rule Act (sec. 1-206.03, D.C. Official 
Code) is amended by inserting before the period at the end the 
following: ``for a fiscal year which is a control year''.
    (b) Restrictions Applicable During Control Years.--Section 603(d) 
of such Act (sec. 1-206.03(d), D.C. Official Code) is amended to read 
as follows:
    ``(d) In the case of a fiscal year which is a control year, the 
Council may not approve, and the Mayor may not forward to the 
President, any budget which is not consistent with the financial plan 
and budget established for the fiscal year under subtitle A of title II 
of the District of Columbia Financial Responsibility and Management 
Assistance Act of 1995.''.
    (c) Definition.--Section 603(f) of such Act (sec. 1-206.03(f), D.C. 
Official Code) is amended to read as follows:
    ``(f) In this section, the term `control year' has the meaning 
given such term in section 305(4) of the District of Columbia Financial 
Responsibility and Management Assistance Act of 1995.''.

SEC. 6. CONTINUATION OF GENERAL PROVISIONS IN APPROPRIATIONS ACTS AND 
              TREATMENT OF AMENDMENTS.

    (a) Continuation.--Any general provision contained in a general 
appropriation bill which includes the appropriation of Federal payments 
to the District of Columbia for a fiscal year (or, in the case of such 
a bill which is included as a division, title, or other portion of 
another general appropriation bill, any general provision contained in 
such division, title, or other portion) in effect on the date of 
enactment of this Act shall remain in effect until the date of the 
enactment of a general appropriation bill which includes the 
appropriation of Federal payments to the District of Columbia for the 
following fiscal year.
    (b) Amendments in the Senate.--In the case of the consideration in 
the Senate of a general appropriations bill that includes the 
appropriations of Federal payments to the District of Columbia, an 
amendment proposing a limitation on the use of any District of Columbia 
funds by the District of Columbia shall not constitute general 
legislation under paragraphs 2 and 4 of Rule XVI of the Standing Rules 
of the Senate.

SEC. 7. EFFECTIVE DATE.

    The amendments made by this Act shall apply to budgets of the 
District of Columbia for fiscal years beginning on or after October 1, 
2004.
                                 <all>