Federal

District of Columbia Legislative Home Rule Act

Source: Congress.gov · 1,054 words in original text

What This Bill Does

This bill changes how District of Columbia laws are reviewed by Congress. Specifically, it removes the period of time Congress has to review newly passed District laws before they take effect. The bill also eliminates the process Congress can use to disapprove District laws.

Who It Affects

The District of Columbia government (the Council and the Mayor). Congress members who previously reviewed District laws. Residents of the District of Columbia.

Key Provisions

• Congress will no longer have a review period for District of Columbia laws before they become effective (Sec. 2(a)) • The process that allows Congress to pass resolutions disapproving District laws is eliminated (Sec. 2(b)(1)) • Various sections of the District of Columbia Home Rule Act are changed to remove references to the congressional review process (Sec. 2(c))

What Changes

If this becomes law, District laws will take effect immediately after the Mayor signs them, the Council repasses a vetoed law, the Mayor allows a law to take effect without signing it, or voters approve an initiative or referendum. Congress will lose its ability to block District laws during a review period and will not be able to disapprove District laws through resolutions.

Important Definitions

None defined in bill text.

Effective Date

These changes apply to District of Columbia laws passed on or after the first day of the 118th Congress (Sec. 3).

I 118TH CONGRESS 1ST SESSION H. R. 268 To amend the District of Columbia Home Rule Act to eliminate Congressional review of newly passed District laws. IN THE HOUSE OF REPRESENTATIVES JANUARY 10, 2023 Ms. NORTON introduced the following bill; which was referred to the Com- mittee on Oversight and Accountability, and in addition to the Committee on Rules, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdic- tion of the committee concerned A BILL To amend the District of Columbia Home Rule Act to eliminate Congressional review of newly passed District laws. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE; REFERENCES IN ACT. 3 (a) SHORT TITLE.—This Act may be cited as the 4 ‘‘District of Columbia Legislative Home Rule Act’’. 5 (b) REFERENCES IN ACT.—Except as may otherwise 6 be provided, whenever in this Act an amendment is ex- 7 pressed in terms of an amendment to or repeal of a section 8 or other provision, the reference shall be considered to be 9 VerDate Sep 11 2014 04:19 Feb 18, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H268.IH H268 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •HR 268 IH made to that section or other provision of the District of 1 Columbia Home Rule Act. 2 SEC. 2. ELIMINATION OF CONGRESSIONAL REVIEW PERIOD 3 FOR DISTRICT OF COLUMBIA ACTS. 4 (a) IN GENERAL.—Section 602 (sec. 1–206.02, D.C. 5 Official Code) is amended by striking subsection (c). 6 (b) CONGRESSIONAL RESOLUTIONS OF DIS- 7 APPROVAL.— 8 (1) IN GENERAL.—Section 604 (sec. 1–206.04, 9 D.C. Official Code) is repealed. 10 (2) CLERICAL AMENDMENT.—The table of con- 11 tents is amended by striking the item relating to sec- 12 tion 604. 13 (3) EXERCISE OF RULEMAKING POWER.—This 14 subsection and the amendments made by this sub- 15 section are enacted by Congress— 16 (A) as an exercise of the rulemaking power 17 of the House of Representatives and the Sen- 18 ate, respectively, and as such they shall be con- 19 sidered as a part of the rules of each House, re- 20 spectively, or of that House to which they spe- 21 cifically apply, and such rules shall supersede 22 other rules only to the extent that they are in- 23 consistent therewith; and 24 VerDate Sep 11 2014 04:19 Feb 18, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H268.IH H268 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •HR 268 IH (B) with full recognition of the constitu- 1 tional right of either House to change such 2 rules (so far as relating to such House) at any 3 time, in the same manner, and to the same ex- 4 tent as in the case of any other rule of such 5 House. 6 (c) CONFORMING AMENDMENTS.— 7 (1) DISTRICT OF COLUMBIA HOME RULE ACT.— 8 (A) Section 303 (sec. 1–203.03, D.C. Official Code) 9 is amended— 10 (i) in subsection (a), by striking the second 11 sentence; and 12 (ii) by striking subsection (b) and redesig- 13 nating subsections (c) and (d) as subsections 14 (b) and (c). 15 (B) Section 404 (sec. 1–204.04, D.C. Official 16 Code) is amended by striking ‘‘subject to the provi- 17 sions of section 602(c)’’ each place it appears in sub- 18 sections (e) and (f). 19 (C) Section 446 (sec. 1–204.46, D.C. Official 20 Code) is amended— 21 (i) in subsection (a), by striking the third 22 sentence; and 23 (ii) in paragraph (1) of subsection (c), by 24 striking ‘‘and such act has been transmitted by 25 VerDate Sep 11 2014 04:19 Feb 18, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H268.IH H268 pbinns on DSKJLVW7X2PROD with $$_JOB 4 •HR 268 IH the Chairman to the Congress and has com- 1 pleted the review process under section 2 602(c)(3)’’. 3 (D) Section 462 (sec. 1–204.62, D.C. Official 4 Code) is amended— 5 (i) in subsection (a), by striking ‘‘(a) The 6 Council’’ and inserting ‘‘The Council’’; and 7 (ii) by striking subsections (b) and (c). 8 (E) Section 472(d)(1) (sec. 1–204.72(d)(1), 9 D.C. Official Code) is amended by striking ‘‘Not- 10 withstanding section 602(c)(1), any act of the Coun- 11 cil’’ and inserting ‘‘Any act of the Council’’. 12 (F) Section 475(e)(1) (sec. 1–204.75(e)(1), 13 D.C. Official Code) is amended by striking ‘‘Not- 14 withstanding section 602(c)(1), any act of the Coun- 15 cil’’ and inserting ‘‘Any act of the Council’’. 16 (2) OTHER LAWS.—(A) Section 2(b)(1) of 17 Amendment No. 1 (relating to initiative and ref- 18 erendum) to title IV (the District Charter) (sec. 1– 19 204.102(b)(1), D.C. Official Code) is amended by 20 striking ‘‘the appropriate custodian’’ and all that fol- 21 lows through ‘‘portion of such act to’’. 22 (B) Section 5 of Amendment No. 1 (relating to 23 initiative and referendum) to title IV (the District 24 Charter) (sec. 1–204.105, D.C. Official Code) is 25 VerDate Sep 11 2014 04:19 Feb 18, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H268.IH H268 pbinns on DSKJLVW7X2PROD with $$_JOB 5 •HR 268 IH amended by striking ‘‘, and such act’’ and all that 1 follows and inserting a period. 2 SEC. 3. EFFECTIVE DATE. 3 The amendments made by this Act shall apply with 4 respect to each act of the District of Columbia— 5 (1) passed by the Council of the District of Co- 6 lumbia and signed by the Mayor of the District of 7 Columbia; 8 (2) vetoed by the Mayor and repassed by the 9 Council; 10 (3) passed by the Council and allowed to be- 11 come effective by the Mayor without the Mayor’s sig- 12 nature; or 13 (4) in the case of initiated acts and acts subject 14 to referendum, ratified by a majority of the reg- 15 istered qualified electors voting on the initiative or 16 referendum, 17 on or after the first day of the One Hundred Eighteenth 18 Congress. 19 Æ VerDate Sep 11 2014 04:19 Feb 18, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\H268.IH H268 pbinns on DSKJLVW7X2PROD with $$_JOB

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