II 112th CONGRESS 2d Session S. 2345 IN THE SENATE OF THE UNITED STATES April 24 (legislative day, April 23), 2012 Mr. Lieberman (for himself, Ms. Collins, and Mr. Akaka) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To amend the District of Columbia Home Rule Act to permit the Government of the District of Columbia to determine the fiscal year period, to make local funds of the District of Columbia for a fiscal year available for use by the District upon enactment of the local budget act for the year subject to a period of Congressional review, and for other purposes.

1.

Short title

This Act may be cited as the District of Columbia Local Budget Autonomy Act of 2012.

2.

Fiscal year for District of Columbia

Section 441(b) of the District of Columbia Home Rule Act (sec. 1–204.41, D.C. Official Code) is amended to read as follows: (b)

Authorization To establish fiscal year by Act of Council

The District may change the fiscal year of the District by an Act of the Council. If a change occurs, such fiscal year shall also constitute the budget and accounting year. .

3.

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:

446.

Enactment of local budget by District of Columbia

(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 of 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 the President 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 446B, section 467(d), section 471(c), section 472(d)(2), section 475(e)(2), 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 such Act has been transmitted by the Chairman to the Congress and has completed the review process under section 602(c)(3); 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)

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(c)(4)(A)(ii) of the District of Columbia Financial Responsibility and Management Assistance Act of 1995 (sec. 47–392.02 (c)(4)(A)(ii), D.C. Official Code) is amended by striking 446 and inserting 446(b). (5)Section 202(c)(5)(C)(ii) of the District of Columbia Financial Responsibility and Management Assistance Act of 1995 (sec. 47–392.02 (c)(5)(C)(ii), D.C. Official Code) is amended by striking 446 and inserting 446(b). (6)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). (7)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). (c)

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 by District of Columbia. .

4.

Action by Council of District of Columbia on line-item vetoes by Mayor of provisions of budget acts

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.

5.

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).

6.

Other conforming amendments to home rule act relating to changes in Federal role in budget process

Section 603 of the District of Columbia Home Rule Act (sec. 1–206.03, D.C. Official Code) is amended— (1)in subsection (a), by inserting before the period at the end the following: for a fiscal year which is a control year; and (2)by striking subsection (d) and inserting the following: (d)Except as provided in subsection (f), the Council shall not transmit an Act under section 446(a) which is not balanced according to the provisions of subsection (c). .

7.

Congressional review

Section 602(c) of the District of Columbia Home Rule Act (sec. 1–206.02, D.C. Official Code) is amended— (1)by redesignating paragraph (3) as paragraph (4); and (2)by inserting after paragraph (2) the following: (3)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, except as follows: (A)If such 30-day period expires and if either chamber has not been in session for at least 5 calendar days during such period, the effective date period applicable under this paragraph shall be extended for 5 additional days. (B)If during the period described in subparagraph (A), a joint resolution disapproving such Act has 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 subparagraph. .

8.

Conforming amendments relating to federally authorized adjustments to local appropriations

(a)

Acceptance of grants not included in adopted budget

(1)

Authority to accept amounts

Section 446B(a) of the District of Columbia Home Rule Act (sec. 1–204.46B(a), D.C. Official Code) is amended— (A)by striking the fourth sentence of section 446 and inserting section 446(c); and (B)by striking approved by Act of Congress. (2)

Reports to Congress

Section 446B(e) of such Act (sec. 1–204.46B(e), D.C. Official Code) is amended by striking submitted to the Council and to the and inserting submitted to the Council, the Committee on Oversight and Government Reform of the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, and the. (b)

Authority To increase spending in case of general fund surplus

Section 816 of the Financial Services and General Government Appropriations Act, 2009 (sec. 47–369.01, D.C. Official Code), is amended— (1)by striking the amount appropriated to the District of Columbia and inserting the following: the amount of local funds under the budget of the District of Columbia; and (2)in paragraph (5), by striking the Mayor notifies and inserting the following: the Mayor notifies the Committee on Oversight and Government Reform of the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, and. (c)

Authority To increase spending in case of increased revenue collections

(1)

Authority to increase spending

Section 817(a) of such Act (sec. 47–369.02(a), D.C. Official Code) is amended— (A)in the matter preceding paragraph (1), by striking the amount appropriated as District of Columbia funds and inserting the following: the amount of local funds under the budget for the District of Columbia; (B)in paragraph (1), by striking in the annual Proposed Budget and Financial Plan submitted to Congress by the District of Columbia and inserting the following: in such budget (or, 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, in the annual Proposed Budget and Financial Plan submitted to Congress by the District of Columbia); and (C)in paragraph (2), by striking in such Proposed Budget and Financial Plan and inserting in such budget (or such Proposed Budget and Financial Plan). (2)

Reports to congress

Section 817(b)(4) of such Act (sec. 47–369.02(b)(4), D.C. Official Code) is amended by striking the Mayor has notified and inserting the following: the Mayor has notified the Committee on Oversight and Government Reform of the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, and.

9.

Effective date

The amendments made by this Act shall apply with respect to fiscal year 2013 (as described in section 441(a) of the District of Columbia Home Rule Act, as amended by section 2) and each succeeding fiscal year.