[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1629 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 1629
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 HOUSE OF REPRESENTATIVES
April 14, 2005
Mr. Tom Davis of Virginia (for himself, Ms. Norton, and Mr. Waxman)
introduced the following bill; which was referred to the Committee on
Government Reform, and in addition to the Committees on Appropriations
and Rules, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
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 2005''.
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 56 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:
``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.
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.
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,
2006.
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