[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5968 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 5968

    To establish the charter for the government of the District of 
                               Columbia.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 29, 2010

  Ms. Norton introduced the following bill; which was referred to the 
 Committee on Oversight and Government Reform, and in addition to the 
Committee on Ways and Means, 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 establish the charter for the government of the District of 
                               Columbia.

    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 cited as the ``District of Columbia Full Self-
Government Act''.

              TITLE I--STATUS OF THE DISTRICT OF COLUMBIA

SEC. 101. STATUS OF THE DISTRICT.

    (a) In General.--All of the territory constituting the permanent 
seat of the Government of the United States shall continue to be 
designated as the District of Columbia. The District of Columbia shall 
remain and continue a body corporate, as provided in section 2 of the 
Revised Statutes relating to the District (sec. 1-102, D.C. Official 
Code).
    (b) No Effect on Existing Laws.--No law or regulation which is in 
force on the effective date of this Act shall be deemed amended or 
repealed by this Act except to the extent specifically provided herein 
or to the extent that such law or regulation is inconsistent with this 
Act, but any such law or regulation may be amended or repealed by act 
or resolution as authorized in this Act, or by Act of Congress.
    (c) No Effect on Boundary Line.--Nothing contained in this section 
shall affect the boundary line between the District of Columbia and the 
Commonwealth of Virginia as the same was established or may be 
subsequently established under the provisions of title I of the Act of 
October 31, 1945 (59 Stat. 552).

SEC. 102. LEGISLATIVE POWER OF DISTRICT OF COLUMBIA.

    Except as provided in section 202, the legislative power of the 
District of Columbia shall extend to all rightful subjects of 
legislation within the District consistent with the Constitution of the 
United States and the provisions of this Act subject to all the 
restrictions and limitations imposed upon the States by the tenth 
section of the first article of the Constitution of the United States.

                      TITLE II--LEGISLATIVE BRANCH

SEC. 201. ESTABLISHMENT OF THE COUNCIL.

    (a) Establishment.--There is established a Council of the District 
of Columbia (hereafter in this Act referred to as the ``Council''), and 
the members of the Council shall be elected by the registered qualified 
electors of the District.
    (b) Powers, Organization, and Procedure.--The powers, organization, 
and procedure of the Council shall be set forth under such laws as may 
be enacted by the District of Columbia consistent with the provisions 
of this Act.

SEC. 202. LIMITATIONS ON AUTHORITY.

    The Council shall have no authority to pass any act contrary to the 
provisions of this Act except as specifically provided in this Act, or 
to--
            (1) impose any tax on property of the United States or any 
        of the several States;
            (2) lend the public credit for support of any private 
        undertaking;
            (3) enact any act, or enact any act to amend or repeal any 
        Act of Congress, which concerns the functions or property of 
        the United States or which is not restricted in its application 
        exclusively in or to the District of Columbia;
            (4) enact any act, resolution, or rule with respect to any 
        provision of title 11 of the District of Columbia Official Code 
        (relating to organization and jurisdiction of the District of 
        Columbia courts);
            (5) impose any tax on the whole or any portion of the 
        personal income, either directly or at the source thereof, of 
        any individual not a resident of the District (the terms 
        ``individual'' and ``resident'' in this paragraph to have the 
        meaning given such terms in section 47-1801.04, D.C. Official 
        Code);
            (6) enact any act, resolution, or rule which permits the 
        building of any structure within the District of Columbia in 
        excess of the height limitations contained in section 5 of the 
        Act of June 1, 1910 (sec. 5-405, D.C. Official Code), and in 
        effect on the effective date of this Act;
            (7) enact any act, resolution, or regulation with respect 
        to the Commission of Mental Health;
            (8) enact any act or regulation relating to the United 
        States District Court for the District of Columbia or any other 
        court of the United States in the District other than the 
        District courts, or relating to the duties or powers of the 
        United States attorney or the United States Marshal for the 
        District of Columbia; or
            (9) enact any act, resolution, or rule with respect to the 
        District of Columbia Financial Responsibility and Management 
        Assistance Authority established under section 101(a) of the 
        District of Columbia Financial Responsibility and Management 
        Assistance Act of 1995.

                      TITLE III--EXECUTIVE BRANCH

SEC. 301. OFFICE OF THE MAYOR.

    (a) Establishment.--There is established the Office of the Mayor of 
the District of Columbia, and the Mayor shall be elected by the 
registered qualified electors of the District.
    (b) Powers and Duties.--The powers and duties of the Mayor of the 
District of Columbia, and the organization of the Office of the Mayor 
of the District of Columbia, shall be set forth under such laws as may 
be enacted by the District of Columbia consistent with the provisions 
of this Act.

SEC. 302. TREATMENT OF EMPLOYEES FORMERLY COVERED BY FEDERAL CIVIL 
              SERVICE SYSTEM.

    In the case of persons employed by the District government 
immediately preceding the effective date of the personnel system 
established by the District government pursuant to section 422(3) of 
the District of Columbia Home Rule Act, the personnel system of the 
District government may provide for continued participation in all or 
part of the Federal Civil Service System and shall provide for 
benefits, including but not limited to pay, tenure, leave, residence, 
retirement, health and life insurance, and employee disability and 
death benefits, all at least equal to those provided by legislation 
enacted by Congress, or regulation adopted pursuant thereto, and 
applicable to such officers and employees immediately prior to such 
date, except that nothing in this Act shall prohibit the District from 
separating an officer or employee subject to such system in the 
implementation of a financial plan and budget for the District 
government approved under subtitle A of title II of the District of 
Columbia Financial Responsibility and Management Assistance Act of 
1995.

SEC. 303. RESTRICTIONS ON CERTAIN MUNICIPAL PLANNING ACTIVITIES.

    The Mayor's planning responsibility shall not extend to Federal and 
international projects and developments in the District, as determined 
by the National Capital Planning Commission, or to the United States 
Capitol buildings and grounds as defined in chapter 51 of title 40, 
United States Code, or to any extension thereof or addition thereto, or 
to buildings and grounds under the care of the Architect of the 
Capitol.

SEC. 304. EMERGENCY CONTROL OF METROPOLITAN POLICE DEPARTMENT.

    (a) Authority of President To Exercise Control in Emergencies.--
            (1) Authority.--Notwithstanding any other provision of law, 
        whenever the President of the United States determines that 
        special conditions of an emergency nature exist which require 
        the use of the Metropolitan Police force for Federal purposes, 
        he may direct the Mayor to provide him, and the Mayor shall 
        provide, such services of the Metropolitan Police force as the 
        President may deem necessary and appropriate.
            (2) Limitation of duration of authority.--In no case shall 
        services made available pursuant to any direction of the 
        President under this subsection extend--
                    (A) for a period in excess of 48 hours unless the 
                President has, prior to the expiration of such period, 
                notified the chairman and ranking minority member of 
                the Committee on Oversight and Government Reform of the 
                House of Representatives and the chairman and ranking 
                minority member of the Committee on Homeland Security 
                and Governmental Affairs of the Senate, in writing, as 
                to the reason for such direction and the period of time 
                during which the need for such services is likely to 
                continue; or
                    (B) for any period in excess of 30 days, unless the 
                Senate and the House of Representatives enact into law 
                a joint resolution authorizing such an extension.
    (b) Termination.--
            (1) In general.--Subject to paragraph (2), the services 
        made available in accordance with subsection (a) shall 
        terminate upon the end of such emergency, the expiration of a 
        period of 30 days following the date on which such services are 
        first made available, or the enactment into law of a joint 
        resolution by the Congress providing for such termination, 
        whichever first occurs.
            (2) Special rule in case of adjournment of congress sine 
        die.--Notwithstanding paragraph (1), in any case in which 
        services are made available in accordance with subsection (a) 
        during any period of an adjournment of the Congress sine die, 
        such services shall terminate upon the end of the emergency, 
        the expiration of the 30-day period following the date on which 
        Congress first convenes following such adjournment, or the 
        enactment into law of a joint resolution by the Congress 
        providing for such termination, whichever first occurs.

                       TITLE IV--JUDICIAL BRANCH

SEC. 401. JUDICIAL BRANCH.

    The judicial powers of the District of Columbia, and the provisions 
of the charter of the District of Columbia government which are 
applicable to the judges and courts of the District of Columbia, shall 
be those set forth in part C of title IV of the District of Columbia 
Home Rule Act (sec. 1-204.31 et seq., D.C. Official Code), as in effect 
on the effective date of this Act.

                TITLE V--BUDGET AND FINANCIAL MANAGEMENT

SEC. 501. APPLICATION OF LAWS ESTABLISHED BY DISTRICT OF COLUMBIA.

    (a) Budget and Financial Management.--Subject to this Act, the 
process by which the District of Columbia develops and enacts the 
budget for the District government for a fiscal year, and the 
activities carried out with respect to the financial management of the 
District government for a fiscal year, shall be established under such 
laws as may be enacted by the District.
    (b) Borrowing.--Subject to this Act, the process and rules by which 
the District of Columbia issues bonds or otherwise borrows money shall 
be established under such laws as may be enacted by the District.

SEC. 502. FULL FAITH AND CREDIT OF UNITED STATES NOT PLEDGED.

    The full faith and credit of the United States is not pledged for 
the payment of any principal of or interest on any bond, note, or other 
obligation issued by the District of Columbia, and the United States is 
not responsible or liable for the payment of any principal of or 
interest on any bond, note, or other obligation issued by the District.

SEC. 503. FEDERAL TAX EXEMPTION.

    Bonds and notes issued by the District of Columbia and the interest 
thereon shall be exempt from all Federal taxation except estate, 
inheritance, and gift taxes.

SEC. 504. LEGAL INVESTMENT IN BONDS AND NOTES ISSUED BY DISTRICT OF 
              COLUMBIA.

    Notwithstanding any restriction on the investment of funds by 
fiduciaries contained in any other law, all domestic insurance 
companies, domestic insurance associations, executors, administrators, 
guardians, trustees, and other fiduciaries within the District of 
Columbia may legally invest any sinking funds, moneys, trust funds, or 
other funds belonging to them or under or within their control in any 
bonds issued by the District of Columbia. National banking associations 
are authorized to deal in, underwrite, purchase and sell, for their own 
accounts or for the accounts of customers, bonds and notes issued by 
the District to the same extent as national banking associations are 
authorized by paragraph seven of section 5136 of the Revised Statutes 
(12 U.S.C. 24), to deal in, underwrite, purchase and sell obligations 
of the United States, States, or political subdivision thereof. All 
Federal building and loan associations and Federal savings and loan 
associations, and banks, trust companies, building and loan 
associations, and savings and loan associations, domiciled in the 
District may purchase, sell, underwrite, and deal in, for their own 
account or for the account of others, all bonds or notes issued by the 
District of Columbia. Nothing contained in this section shall be 
construed as relieving any person, firm, association, or corporation 
from any duty of exercising due and reasonable care in selecting 
securities for purchase or investment.

               TITLE VI--RETENTION OF FEDERAL AUTHORITIES

SEC. 601. RETENTION OF CONGRESSIONAL AUTHORITY.

    Notwithstanding any other provision of this Act, Congress reserves 
the right, at any time, to exercise its constitutional authority as 
legislature for the District of Columbia, by enacting legislation for 
the District on any subject, whether within or without the scope of 
legislative power granted to the Council by this Act, including 
legislation to amend or repeal any law in force in the District prior 
to or after the effective date of this Act and any act passed by the 
Council.

SEC. 602. LIMITATION ON AUTHORITY OF DISTRICT OVER CERTAIN AGENCIES.

    Nothing in this Act shall be construed as vesting in the District 
of Columbia government any greater authority over the National 
Zoological Park, the National Guard of the District of Columbia, the 
Washington Aqueduct, the National Capital Planning Commission, or over 
any Federal agency, than was vested in the Commissioner of the District 
of Columbia established under Reorganization Plan Numbered 3 of 1967 
prior to January 2, 1975.

         TITLE VII--TERMINATION OF EXISTING CHARTER; TRANSITION

SEC. 701. TERMINATION OF EXISTING CHARTER.

    (a) In General.--Except as provided in section 401 and subsection 
(b), the District of Columbia Home Rule Act (sec. 1-201.01 et seq., 
D.C. Official Code) is repealed.
    (b) No Effect on Amendatory Provisions.--Nothing in subsection (a) 
shall be construed to affect any provision of law which is amended or 
repealed by the District of Columbia Home Rule Act.

SEC. 702. NO EFFECT ON EXISTING OBLIGATIONS.

    (a) Budgets.--Nothing in this Act or in the amendment made by 
section 701 may be construed to relieve the District of Columbia of any 
contractual or other financial obligations incurred by the District 
under a budget enacted for a fiscal year prior to the effective date of 
this Act.
    (b) Borrowing.--Nothing in this Act or in the amendment made by 
section 701 may be construed--
            (1) to relieve the District of Columbia of any obligation 
        incurred with respect to bonds or other forms of borrowing 
        issued prior to the effective date of this Act; or
            (2) to waive the application to the District of Columbia of 
        any other Federal law governing the borrowing of funds by 
        States or units of local government, including the Internal 
        Revenue Code of 1986.

SEC. 703. NO EFFECT ON INDIVIDUALS HOLDING POSITIONS WITHIN DISTRICT 
              GOVERNMENT.

    Nothing in this Act or in the amendment made by section 701 may be 
construed to affect the status of any individual who holds elective or 
appointed office in, or is an officer or employee of, the government of 
the District of Columbia as of the effective date of this Act.

SEC. 704. NO EFFECT ON PENDING ACTIONS OR PROCEEDINGS.

    No suit, action, or other judicial proceeding lawfully commenced by 
or against any officer or agency in his or its official capacity or in 
relation to the exercise of his or its official functions, and no 
administrative action or proceeding lawfully commenced, shall abate by 
reason of this Act or the amendment made by section 701.

                       TITLE VIII--EFFECTIVE DATE

SEC. 801. EFFECTIVE DATE.

    This Act and the amendments made by this Act shall take effect on 
the effective date of legislation enacted by the District of Columbia 
after the date of the enactment of this Act which establishes--
            (1) the powers, organization, and procedure of the Council 
        of the District of Columbia; and
            (2) the powers and duties of the Mayor of the District of 
        Columbia, and the organization of the Office of the Mayor of 
        the District of Columbia.
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