[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8861 Introduced in House (IH)]
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117th CONGRESS
2d Session
H. R. 8861
To provide for expanded home rule for the residents of the District of
Columbia, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 15, 2022
Ms. Norton 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
_______________________________________________________________________
A BILL
To provide for expanded home rule for the residents of the District of
Columbia, 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``District of
Columbia Home Rule Expansion Act of 2022''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--LEGISLATIVE HOME RULE
Sec. 101. Short title; references in title.
Sec. 102. Elimination of Congressional review period for District of
Columbia acts.
Sec. 103. Effective date.
TITLE II--CRIMINAL JUSTICE HOME RULE
Subtitle A--Prosecutor Home Rule
Sec. 201. Short title.
Sec. 202. Responsibility of local prosecutor's office for conduct of
all District of Columbia prosecutions.
Subtitle B--Clemency Home Rule
Sec. 211. Short title.
Sec. 212. Authority to grant clemency for crimes under laws of the
District of Columbia.
TITLE I--LEGISLATIVE HOME RULE
SEC. 101. SHORT TITLE; REFERENCES IN TITLE.
(a) Short Title.--This title may be cited as the ``District of
Columbia Legislative Home Rule Act''.
(b) References in Act.--Except as may otherwise be provided,
whenever in this title an amendment is expressed in terms of an
amendment to or repeal of a section or other provision, the reference
shall be considered to be made to that section or other provision of
the District of Columbia Home Rule Act.
SEC. 102. ELIMINATION OF CONGRESSIONAL REVIEW PERIOD FOR DISTRICT OF
COLUMBIA ACTS.
(a) In General.--Section 602 (sec. 1-206.02, D.C. Official Code) is
amended by striking subsection (c).
(b) Congressional Resolutions of Disapproval.--
(1) In general.--Section 604 (sec. 1-206.04, D.C. Official
Code) is repealed.
(2) Clerical amendment.--The table of contents is amended
by striking the item relating to section 604.
(3) Exercise of rulemaking power.--This subsection and the
amendments made by this subsection are enacted by Congress--
(A) as an exercise of the rulemaking power of the
House of Representatives and the Senate, respectively,
and as such they shall be considered as a part of the
rules of each House, respectively, or of that House to
which they specifically apply, and such rules shall
supersede other rules only to the extent that they are
inconsistent therewith; and
(B) with full recognition of the constitutional
right of either House to change such rules (so far as
relating to such House) at any time, in the same
manner, and to the same extent as in the case of any
other rule of such House.
(c) Conforming Amendments.--
(1) District of columbia home rule act.--(A) Section 303
(sec. 1-203.03, D.C. Official Code) is amended--
(i) in subsection (a), by striking the second
sentence; and
(ii) by striking subsection (b) and redesignating
subsections (c) and (d) as subsections (b) and (c).
(B) Section 404 (sec. 1-204.04, D.C. Official Code) is
amended by striking ``subject to the provisions of section
602(c)'' each place it appears in subsections (e) and (f).
(C) Section 446 (sec. 1-204.46, D.C. Official Code) is
amended--
(i) in subsection (a), by striking the third
sentence; and
(ii) in paragraph (1) of subsection (c), by
striking ``and such act has been transmitted by the
Chairman to the Congress and has completed the review
process under section 602(c)(3)''.
(D) Section 462 (sec. 1-204.62, D.C. Official Code) is
amended--
(i) in subsection (a), by striking ``(a) The
Council'' and inserting ``The Council''; and
(ii) by striking subsections (b) and (c).
(E) Section 472(d)(1) (sec. 1-204.72(d)(1), D.C. Official
Code) is amended by striking ``Notwithstanding section
602(c)(1), any act of the Council'' and inserting ``Any act of
the Council''.
(F) Section 475(e)(1) (sec. 1-204.75(e)(1), D.C. Official
Code) is amended by striking ``Notwithstanding section
602(c)(1), any act of the Council'' and inserting ``Any act of
the Council''.
(2) Other laws.--(A) Section 2(b)(1) of Amendment No. 1
(relating to initiative and referendum) to title IV (the
District Charter) (sec. 1-204.102(b)(1), D.C. Official Code) is
amended by striking ``the appropriate custodian'' and all that
follows through ``portion of such act to''.
(B) Section 5 of Amendment No. 1 (relating to initiative
and referendum) to title IV (the District Charter) (sec. 1-
204.105, D.C. Official Code) is amended by striking ``, and
such act'' and all that follows and inserting a period.
SEC. 103. EFFECTIVE DATE.
The amendments made by this title shall apply with respect to each
act of the District of Columbia--
(1) passed by the Council of the District of Columbia and
signed by the Mayor of the District of Columbia;
(2) vetoed by the Mayor and repassed by the Council;
(3) passed by the Council and allowed to become effective
by the Mayor without the Mayor's signature; or
(4) in the case of initiated acts and acts subject to
referendum, ratified by a majority of the registered qualified
electors voting on the initiative or referendum,
on or after the first day of the One Hundred Eighteenth Congress.
TITLE II--CRIMINAL JUSTICE HOME RULE
Subtitle A--Prosecutor Home Rule
SEC. 201. SHORT TITLE.
This subtitle may be cited as the ``District of Columbia Prosecutor
Home Rule Act''.
SEC. 202. RESPONSIBILITY OF LOCAL PROSECUTOR'S OFFICE FOR CONDUCT OF
ALL DISTRICT OF COLUMBIA PROSECUTIONS.
(a) In General.--Section 23-101, D.C. Official Code, is amended by
striking subsections (a) through (f) and inserting the following:
``(a) Prosecutions for violations of all police or municipal
ordinances or regulations of the District of Columbia and for
violations of all penal statutes of the District of Columbia in the
nature of police or municipal regulations shall be conducted in the
name of the District of Columbia by the head of the local prosecutor's
office or the assistants of the head of such office, except as may
otherwise be provided in any such ordinance, regulation, or statute of
the District of Columbia.
``(b) In this section, the `local prosecutor's office' is the
office designated under local law of the District of Columbia as the
office responsible for conducting prosecutions under this section.
``(c) Nothing in this section shall affect the authority of the
Attorney General of the United States or the United States Attorney for
the District of Columbia to exercise jurisdiction concerning violations
of the laws of the United States.''.
(b) Effective Date.--The amendments made by this section shall
apply with respect to violations of District of Columbia ordinances,
regulations, and statutes which occur after the expiration of the 1-
year period which begins on the date on which a local law of the
District of Columbia which designates the local prosecutor's office for
purposes of section 23-101(b), D.C. Official Code (as amended by
subsection (a)), takes effect.
(c) Retention of Federal Benefits by Continuing Employees.--With
respect to any individual who is an employee of the United States
Attorney for the District of Columbia as of the day before the date
described in subsection (b) and continues to be employed by the local
prosecutor's office designated for purposes of section 23-101(b), D.C.
Official Code (as amended by subsection (a))--
(1) such individual shall continue to be treated as an
employee of the Federal Government for purposes of receiving
benefits under any chapter of subpart G of part III of title 5,
United States Code; and
(2) such designated local prosecutor's office shall be
treated as the employing agency of the individual with respect
to such benefits.
Subtitle B--Clemency Home Rule
SEC. 211. SHORT TITLE.
This subtitle may be cited as the ``District of Columbia Clemency
Home Rule Act''.
SEC. 212. AUTHORITY TO GRANT CLEMENCY FOR CRIMES UNDER LAWS OF THE
DISTRICT OF COLUMBIA.
(a) Authority Described.--The authority to grant clemency for
crimes under the laws of the District of Columbia shall be exercised by
such person or persons, and under such terms and conditions, as may be
provided under law enacted by the District of Columbia.
(b) Rule of Construction.--Nothing in this subtitle may be
construed--
(1) to affect any authority exercised by the President or
the Mayor of the District of Columbia prior to the effective
date of any law enacted by the District of Columbia pursuant to
this Act with respect to the authority to grant clemency for
crimes under the laws of the District of Columbia; or
(2) to limit the authority described in subsection (a) from
being exercised with respect to crimes committed before, on, or
after the date of the enactment of this Act.
(c) Clemency Defined.--In this subtitle, the term ``clemency''
means a pardon, reprieve, or commutation of sentence, or a remission of
a fine or other financial penalty.
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