District of Columbia Local Budget Autonomy Act of 2012 - Amends the District of Columbia Home Rule Act to: (1) repeal the current fiscal years for the Armory Board and the District of Columbia Public Schools, and (2) authorize a change of D.C. fiscal year by an act of the D.C. Council.
Repeals the requirement that the D.C. Council submit to the President for transmission to Congress the annual budget for the D.C. Government, except during a control year as defined by the District of Columbia Financial Responsibility and Management Assistance Act of 1995.
Repeals the requirement that the D.C. Council Chairman transmit to the President any item or provision of an adopted budget which the Council has reenacted after a line-item veto by the Mayor.
Repeals the requirement that hiring, assignment, and transfer by the Mayor of full-time or part-time employees be authorized by act of Congress, except in a control year. Requires hiring, assignment, and transfer of employees to be authorized by acts of the D.C. Council.
Revises requirements for the effective dates of acts of the D.C. Council which take effect immediately because of emergency circumstances or which propose amendments to the District Charter.
Revises the D.C. Council authority to increase spending in the case of a General Fund surplus or of increased revenue collections to replace congressional appropriations as the source of funds for such increases with local funds under the D.C. budget.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 2345 Introduced in Senate (IS)]
112th CONGRESS
2d Session
S. 2345
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.
_______________________________________________________________________
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.
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 Local Budget
Autonomy Act of 2012''.
SEC. 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.''.
SEC. 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:
``enactment of local budget by district of columbia
``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 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.''.
SEC. 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''.
SEC. 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)''.
SEC. 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).''.
SEC. 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.''.
SEC. 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''.
SEC. 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.
<all>
Introduced in Senate
Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
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