[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4445 Introduced in House (IH)]
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116th CONGRESS
1st Session
H. R. 4445
To amend the District of Columbia Home Rule Act to provide for a
uniform 60-day period for Congress to review laws of the District of
Columbia before such laws may take effect, to permit Congress to use
the authorities and procedures available under such Act for the
consideration and enactment of resolutions of disapproval of laws of
the District of Columbia to disapprove specific provisions of such
laws, to clarify the expedited procedures available under such Act for
the consideration of such resolutions of disapproval, and for other
purposes.
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IN THE HOUSE OF REPRESENTATIVES
September 20, 2019
Mr. Gosar (for himself, Mr. Meadows, and Mr. Norman) introduced the
following bill; which was referred to the Committee on Oversight and
Reform, 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 jurisdiction of the committee
concerned
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A BILL
To amend the District of Columbia Home Rule Act to provide for a
uniform 60-day period for Congress to review laws of the District of
Columbia before such laws may take effect, to permit Congress to use
the authorities and procedures available under such Act for the
consideration and enactment of resolutions of disapproval of laws of
the District of Columbia to disapprove specific provisions of such
laws, to clarify the expedited procedures available under such Act for
the consideration of such resolutions of disapproval, 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 Home Rule
Improvement Act''.
SEC. 2. FINDINGS; SENSE OF CONGRESS.
(a) Findings.--Congress finds the following:
(1) The District of Columbia was granted limited autonomy
in 1973 by Congress, who at the time did not wish to intervene
in the day-to-day governance of the city.
(2) This grant of limited autonomy by Congress may be
revoked by Congress at any time.
(3) Article 1, section 8, clause 17 of the United States
Constitution provides Congress with the exclusive jurisdiction
over the District of Columbia.
(4) This clause was included for specific reasons, notably
the fact that the operation of the seat of the Federal
Government of the United States, whose laws affect
approximately 330 million Americans, should not be impeded by
local ordinances, actions, or taxation.
(5) The Framers of the Constitution had good reason for
this concern, having witnessed the reluctance of local
authorities to police disorderly conduct by protestors in June
of 1783, conduct that forced the adjournment of the Congress
and the flight of its members into neighboring States.
(6) James Madison wrote in Federalist No. 43, ``The
indispensable necessity of compleat authority at the seat of
Government carries its own evidence with it. It is a power
exercised by every Legislature of the Union, I might say of the
world, by virtue of its general supremacy. Without it, not only
the public authority might be insulted and its proceedings be
interrupted, with impunity; but a dependence of the members of
the general Government, on the State comprehending the seat of
the Government for protection in the exercise of their duty,
might bring on the national councils an imputation of awe or
influence, equally dishonorable to the Government, and
dissatisfactory to the other members of the confederacy''.
(b) Sense of Congress.--It is the sense of Congress that--
(1) Congress is the proper, constitutionally mandated
sovereign over the District of Columbia and that increasing
congressional oversight of the District is a wise course, in
particular improving the disapproval mechanisms of the District
of Columbia Home Rule Act to ensure that poor municipal
ordinances made by the congressionally provided, and
congressionally revocable authority provided to District's
municipal government can be expeditiously overturned by
Congress;
(2) the District of Columbia should never become a State;
and
(3) statehood for the District of Columbia would require a
constitutional amendment.
SEC. 3. UNIFORM 60-DAY CONGRESSIONAL REVIEW PERIOD FOR DISTRICT OF
COLUMBIA LAWS.
(a) Establishment of 60-Day Period.--The second sentence of section
602(c)(1) of the District of Columbia Home Rule Act (sec. 1-
206.02(c)(1), D.C. Official Code) is amended--
(1) by striking ``the 30-calendar-day period (excluding
Saturdays, Sundays, and holidays, and any day on which neither
House is in session because of an adjournment sine die, a
recess of more than three days, or an adjournment of more than
three days) beginning on the day such act is transmitted'' and
inserting the following: ``the 60-day period (excluding days
either House of Congress is adjourned for more than 3 days
during a session of Congress) beginning on the day such act is
transmitted''; and
(2) by striking ``such 30-day period'' each place it
appears and inserting ``such 60-day period''.
(b) Elimination of Alternative Period for Acts Affecting Criminal
Laws.--Section 602(c) of such Act (sec. 1-206.02(c), D.C. Official
Code) is amended--
(1) by striking paragraph (2); and
(2) by redesignating paragraph (3) as paragraph (2).
SEC. 4. AUTHORIZING USE OF RESOLUTIONS OF DISAPPROVAL TO DISAPPROVE
PROVISIONS OF DISTRICT OF COLUMBIA LAWS.
(a) Authorization.--The second sentence of section 602(c)(1) of the
District of Columbia Home Rule Act (sec. 1-206.02(c)(1), D.C. Official
Code) is amended--
(1) by striking ``such act shall take effect'' and
inserting ``such act and each provision thereof'';
(2) by striking ``a joint resolution disapproving such
act'' and inserting ``a joint resolution disapproving such act
or any provision thereof'';
(3) by striking ``disapproving such an act'' and inserting
``disapproving such an act or any provision thereof''; and
(4) by striking ``to have repealed such act'' and inserting
``to have repealed such act or such provision (as the case may
be)''.
(b) Conforming Amendment Relating to Application of Expedited
Procedures for Consideration of Resolutions.--The third sentence of
section 602(c)(1) of such Act (sec. 1-206.02(c)(1), D.C. Official Code)
is amended by striking ``disapproving such act'' and inserting
``disapproving such act or any provision thereof''.
(c) Rule of Construction.--Section 602(c)(1) of such Act (sec. 1-
206.02(c)(1), D.C. Official Code) is amended by adding at the end the
following new sentence: ``The enactment of a resolution disapproving a
provision of an act pursuant to this paragraph may not be construed to
repeal any of the remaining provisions of the act.''.
SEC. 5. CLARIFICATION OF EXPEDITED PROCEDURES APPLICABLE TO
CONSIDERATION OF RESOLUTIONS OF DISAPPROVAL.
(a) Application of All Procedures to All Resolutions of
Disapproval.--The third sentence of section 602(c)(1) of the District
of Columbia Home Rule Act (sec. 1-206.02(c)(1), D.C. Official Code) is
amended by striking ``section 604, except subsections (d), (e), and (f)
of such section,'' and inserting ``section 604''.
(b) Clarification of Procedures.--Section 604 of such Act (sec. 1-
206.04, D.C. Official Code) is amended by striking subsections (c)
through (j) and inserting the following:
``(c) Referral to Committees.--A resolution with respect to Council
action shall be referred to the Committee on Oversight and Reform of
the House of Representatives, or the Committee on Homeland Security and
Governmental Affairs of the Senate, by the President of the Senate or
the Speaker of the House of Representatives, as the case may be.
``(d) Procedures in House of Representatives.--(1) In the House of
Representatives, if the committee to which a resolution has been
referred has not reported it at the end of twenty calendar days after
its introduction, it is in order to move to discharge the committee
from further consideration of any other resolution with respect to the
same Council action which has been referred to the committee.
``(2) In the House, a motion to discharge may be made only by an
individual favoring the resolution, is highly privileged (except that
it may not be made after the committee has reported a resolution with
respect to the same action), and debate thereon shall be limited to not
more than one hour, to be divided equally between those favoring and
those opposing the resolution. An amendment to the motion is not in
order, and it is not in order to move to reconsider the vote by which
the motion is agreed to or disagreed to.
``(3) In the House, if the motion to discharge is agreed to or
disagreed to, the motion may not be renewed, nor may another motion to
discharge the committee be made with respect to any other resolution
with respect to the same action.
``(4) In the House, when the committee has reported, or has been
discharged from further consideration of, a resolution, it is at any
time thereafter in order (even though a previous motion to the same
effect has been disagreed to) to move to proceed to the consideration
of the resolution. The motion is highly privileged and is not
debatable. An amendment to the motion is not in order, and it is not in
order to move to reconsider the vote by which the motion is agreed to
or disagreed to.
``(5) In the House, debate on the resolution shall be limited to
not more than ten hours, which shall be divided equally between those
favoring and those opposing the resolution. A motion further to limit
debate is not debatable. An amendment to, or motion to recommit, the
resolution is not in order, and it is not in order to move to
reconsider the vote by which the resolution is agreed to or disagreed
to.
``(6) In the House, motions to postpone made with respect to the
discharge from committee or the consideration of a resolution, and
motions to proceed to the consideration of other business, shall be
decided without debate.
``(7) In the House, appeals from the decisions of the Chair
relating to the application of the Rules of the House of
Representatives to the procedure relating to a resolution shall be
decided without debate.
``(e) Procedures in Senate.--(1) In the Senate, if the committee to
which is referred a resolution described in subsection (b) has not
reported such joint resolution (or an identical joint resolution) at
the end of 20 calendar days after its introduction, such committee may
be discharged from further consideration of such joint resolution upon
a written demand by any Member of the Senate, and such joint resolution
shall be placed on the calendar.
``(2)(A) In the Senate, when the committee to which a resolution is
referred has reported, or when a committee is discharged (under
paragraph (1)) from further consideration of a resolution described in
subsection (b), it is at any time thereafter in order (even though a
previous motion to the same effect has been disagreed to) for a motion
to proceed to the consideration of the resolution, and all points of
order against the resolution (and against consideration of the
resolution) are waived. The motion is not subject to amendment, or to a
motion to postpone, or to a motion to proceed to the consideration of
other business. A motion to reconsider the vote by which the motion is
agreed to or disagreed to shall not be in order. If a motion to proceed
to the consideration of the resolution is agreed to, the resolution
shall remain the unfinished business of the Senate until disposed of.
``(B) In the Senate, debate on the resolution, and on all debatable
motions and appeals in connection therewith, shall be limited to not
more than 10 hours, which shall be divided equally between those
favoring and those opposing the resolution. A motion further to limit
debate is in order and not debatable. An amendment to, or a motion to
postpone, or a motion to proceed to the consideration of other
business, or a motion to recommit the resolution is not in order.
``(C) In the Senate, immediately following the conclusion of the
debate on a resolution described in subsection (b), and a single quorum
call at the conclusion of the debate if requested in accordance with
the rules of the Senate, the vote on final passage of the resolution
shall occur.
``(D) Appeals from the decisions of the Chair relating to the
application of the rules of the Senate to the procedure relating to a
resolution described in subsection (a) shall be decided without debate.
``(3) In the Senate the procedure specified in paragraph (1) or (2)
shall not apply to the consideration of a resolution after the
expiration of the 60 session days beginning with the date of the
introduction of the joint resolution.
``(f) Coordination Between Houses.--If, before the passage by one
House of a resolution of that House described in subsection (b), that
House receives from the other House a resolution described in
subsection (b), then the following procedures shall apply:
``(1) The resolution of the other House shall not be
referred to a committee.
``(2) Any Member of that House may at any time offer a
motion to proceed to the consideration of the resolution of the
other House, and such motion shall be considered in accordance
with paragraph (4) of subsection (d) (in the case of a motion
in the House) or in accordance with paragraph (2) of subsection
(e) (in the case of a motion in the Senate).
``(3) With respect to a resolution described in subsection
(a) of the House receiving the resolution--
``(A) the procedure in that House shall be the same
as if no resolution had been received from the other
House; but
``(B) the vote on final passage shall be on the
resolution of the other House.''.
SEC. 6. EFFECTIVE DATE.
This Act and the amendments made by this Act shall apply with
respect to acts of the District of Columbia which are transmitted to
Congress by the Council of the District of Columbia under section
602(c) of the District of Columbia Home Rule Act on or after the date
of the enactment of this Act.
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