< Back to H.R. 345 (112th Congress, 2011–2013)

Text of the District of Columbia Budget Autonomy Act of 2011

This bill was introduced on January 19, 2011, in a previous session of Congress, but was not enacted. The text of the bill below is as of Jan 19, 2011 (Introduced).

Source: GPO

I

112th CONGRESS

1st Session

H. R. 345

IN THE HOUSE OF REPRESENTATIVES

January 19, 2011

introduced the following bill; which was referred to the Committee on Oversight and Government Reform

A BILL

To amend the District of Columbia Home Rule Act to eliminate all federally imposed mandates over the local budget process and financial management of the District of Columbia and the borrowing of money by the District of Columbia.

1.

Short Title

This Act may be cited as the District of Columbia Budget Autonomy Act of 2011.

2.

Termination of Federal Mandates Over Local Budget Process and Financial Management of District of Columbia

(a)

Termination of Mandates

(1)

In general

Part D of title IV of the District of Columbia Home Rule Act (sec. 1–204.41 et seq., D.C. Official Code) is amended by adding at the end the following new subpart:

3

Termination of Federal Mandates

458.

Termination of Federal Mandates

(a)

Budget and Financial Management Governed Under District Law

Effective with respect to fiscal year 2012 and each succeeding fiscal year which is not a control year—

(1)

the provisions of subpart 1 (other than section 451) and subpart 2 (other than section 455) shall not apply; and

(2)

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)

No Effect on Existing Obligations

Nothing in this section 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 fiscal year 2012.

.

(2)

Clerical Amendment

The table of contents of such Act is amended by adding at the end of the items relating to part D of title IV the following:

Subpart 3—Termination of Federal Mandates

Sec. 458. Termination of Federal mandates.

.

(b)

Elimination 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 adopting the annual budget for the District of Columbia government for fiscal year 2012 or any succeeding fiscal year which is not a control year, such Act shall take effect upon the date prescribed by such Act.

.

3.

Termination of Federal Mandates Over Borrowing of Money

(a)

Termination of Mandates

(1)

In general

Part E of title IV of the District of Columbia Home Rule Act (sec. 1–204.61 et seq., D.C. Official Code) is amended by adding at the end the following new subpart:

6

Termination of Federal Mandates

490A.

Termination of Federal Mandates

(a)

Borrowing Governed Under District Law

Except as provided in subsection (b), effective with respect to fiscal year 2012 and each succeeding fiscal year which is not a control year—

(1)

the provisions of subparts 1 through 5 shall not apply; and

(2)

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.

(b)

Exception for Certain Provisions

Subsection (a) does not apply with respect to the following sections:

(1)

Section 482 (relating to the full faith and credit of the District).

(2)

Section 484 (relating to the nonapplicability of the full faith and credit of the United States).

(3)

Section 485 (relating to the tax treatment of bonds and notes).

(4)

Section 486 (relating to legal investment in bonds and notes).

(c)

Rule of Construction

Nothing in this section 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 fiscal year 2012; 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.

.

(2)

Clerical amendment

The table of contents of such Act is amended by adding at the end of the items relating to part E of title IV the following:

Subpart 6—Termination of Federal Mandates

Sec. 490A. Termination of Federal mandates.

.

(b)

Repeal of Cap on Amount of District Borrowing

Section 603(b) of such Act (sec. 1–206.03(b), D.C. Official Code) is amended by adding at the end the following new paragraph:

(4)

Paragraphs (1) through (3) shall not apply with respect to fiscal year 2012 or any succeeding fiscal year which is not a control year.

.

4.

Other conforming amendments to Home Rule Act 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.

.

(d)

Effective Date

The amendments made by this section shall apply with respect to fiscal year 2012 and each succeeding fiscal year.

5.

Other conforming amendments relating to federally authorized adjustments to local appropriations

(a)

Authority granted by Federal government 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 by striking Beginning in fiscal year 2009 and each fiscal year thereafter, and inserting the following: With respect to fiscal years 2009 through 2011 and any fiscal year thereafter which is a control year (as defined in section 305(4) of the District of Columbia Financial Responsibility and Management Assistance Act of 1995),.

(b)

Authority granted by Federal government To increase spending in case of increased revenue collections

Section 817(a) of such Act (sec. 47–369.02(a), D.C. Official Code) is amended by striking Beginning in fiscal year 2009 and each fiscal year thereafter, and inserting the following: With respect to fiscal years 2009 through 2011 and any fiscal year thereafter which is a control year (as defined in section 305(4) of the District of Columbia Financial Responsibility and Management Assistance Act of 1995),.

(c)

Authority granted by Federal government regarding use of Federally mandated reserve funds

Section 818 of such Act (sec. 47–369.03, D.C. Official Code) is amended by striking Beginning in fiscal year 2009 and each fiscal year thereafter, and inserting the following: With respect to fiscal years 2009 through 2011 and any fiscal year thereafter which is a control year (as defined in section 305(4) of the District of Columbia Financial Responsibility and Management Assistance Act of 1995),.