District of Columbia Local Lawmaking and Congressional Authority: In Brief

February 22, 2024 R47927

District of Columbia Local Lawmaking and
Congressional Authority: In Brief
February 22, 2024
Congressional Research Service
https://crsreports.congress.gov
R47927

link to page 3 link to page 3 link to page 3 link to page 3 link to page 4 link to page 4 link to page 5 link to page 6 link to page 7 link to page 7 link to page 8 link to page 8 link to page 8 link to page 10 link to page 11 link to page 11 link to page 12 link to page 12 link to page 12 link to page 13 link to page 5 link to page 9 link to page 14

District of Columbia Local Lawmaking and Congressional Authority: In Brief

Legislative Authority for the District of Columbia
The U.S. Constitution provides Congress with plenary legislative authority over the District of
Columbia (the District) as the federal capital.1 In accordance with this power, Congress grants
limited home rule authority to the District, and enables District residents to elect a mayor and city
council, pursuant to the District of Columbia Self-Government Reorganization Act of 1973, P.L.
93-198 (the Home Rule Act).
The act authorized the District government to pass local laws on “all rightful subjects of
legislation within the District,” provided the legislation is “consistent with the Constitution of the
United States” and with relevant Home Rule Act provisions limiting such local authority.2
Retention of Congressional Authority
Pursuant to Section 601 of the Home Rule Act, Congress “reserves the right, at any time, to
exercise its constitutional authority as legislature for the District.”3 The act also established a
process by which Congress may review and disapprove (i.e., block) most types of local
legislation before it takes effect.4
Congress has exercised its authority over District laws and actions through three primary
approaches:
1. congressional disapproval of acts passed by the District government;
2. enactment of authorizing acts; and
3. policy provisions in appropriations legislation.
Regular Local Lawmaking Process
Section 404 of the Home Rule Act vests the District’s delegated legislative power with the
Council of the District of Columbia (council). The Home Rule Act also enumerates the local
lawmaking roles and requirements for the council, the mayor, and Congress.5 In addition, the
Code of the District of Columbia sets forth a process by which laws may be enacted or repealed
through citizen-sponsored ballot initiatives or referenda.6
Council
Through its vested legislative authority, the council adopts procedural rules and develops local
laws.7 Members of the council have exclusive authority to introduce bills in the body. However,

1 U.S. Constitution, Article I, Section 8, clause 17.
2 87 Stat. 784.
3 87 Stat. 813.
4 The length of the congressional review period varies by type of legislation. Local emergency acts and resolutions are
not subject to the statutory mechanism for a formal congressional joint resolution of disapproval.
5 See 87 Stat. 787, 87 Stat. 788, 87 Stat. 813, and 87 Stat. 814.
6 Code of the District of Columbia, §1–1001.16, https://code.dccouncil.gov/us/dc/council/code/sections/1-1001.16.
7 For an example of such rules, see Council of the District of Columbia, Rules of Organization and Procedure for the
Council of District of Columbia, Council Period 25, January 3, 2023, pp. 61-72, https://lims.dccouncil.gov/downloads/
LIMS/51944/Meeting1/Enrollment/PR25-0001-Enrollment5.pdf.
Congressional Research Service

1

link to page 6 District of Columbia Local Lawmaking and Congressional Authority: In Brief

the mayor, the Uniform Law Commission,8 and independent District agencies can transmit
proposed legislation to the council for introduction by the council chair.9 Upon introduction, a bill
is referred to the relevant committee or committees by the council chair.10 When considering
legislation, a committee may hold hearings, propose amendments, and vote to report the bill for
council consideration.11 The bill is then reported to the Committee of the Whole in the council,
where it is reviewed and prepared for regular session.12
In order to be enrolled and transmitted to the mayor, the council must consider a measure on two
separate occasions. During the first reading of a bill, the council may consider amendments and
pass the bill by majority vote. After at least 13 intervening days from the first reading, the council
must consider the bill a second time, typically without substantial amendments.13
Mayor
If passed by the council upon second reading, a bill is transmitted to the mayor for a 10-day
review period. As the head of the District’s executive branch, the mayor reviews and can approve
or disapprove local legislation. The bill is considered approved if signed by the mayor, or if the
mayor takes no action on it within the 10-day period following transmission.14 The mayor may
disapprove legislation by veto, which the council can override with a two-thirds supermajority
vote.15
Congress
Upon local approval, a bill becomes an act and is transmitted to Congress for review. This
transmission may occur when the law is enacted or at a later point. The act will take effect upon
the expiration of a specified review or layover period following the date it was transmitted to
Congress, unless it is first overturned by the enactment of a joint resolution of disapproval.16
The length of the congressional layover period for District acts differs based on the subject of the
act, which determines where it is codified. Laws codified in Title 22 (Criminal Offenses and
Penalties), 23 (Criminal Procedure), or 24 (Prisoners and Their Treatment) of the District of
Columbia Code must “lie over” for 60 calendar days before going into force.17 Other District laws
become effective upon the expiration of a layover period of 30 calendar days or upon the date
prescribed by the act itself, whichever is later. In calculating the layover period, Saturdays,

8 The District of Columbia Uniform Law Commission is codified in the Code of the District of Columbia, §§3–1431 et
seq., https://code.dccouncil.gov/us/dc/council/code/titles/3/chapters/14A.
9 Council of the District of Columbia, Rules of Organization and Procedure for the Council of District of Columbia,
Council Period 25, January 3, 2023, pp. 61-72, https://lims.dccouncil.gov/downloads/LIMS/51944/Meeting1/
Enrollment/PR25-0001-Enrollment5.pdf.
10 Ibid., p. 63.
11 Council of the District of Columbia, How a Bill Becomes a Law, https://dccouncil.gov/how-a-bill-becomes-a-law/.
12 Ibid.
13 Code of the District of Columbia, §1–204.12, https://code.dccouncil.gov/us/dc/council/code/sections/1-204.12.
14 Council of the District of Columbia, How a Bill Becomes a Law, https://dccouncil.gov/how-a-bill-becomes-a-law/.
15 87 Stat. 787.
16 For more information on this process, see “Congressional Disapproval Process,” in this report.
17 See Council of the District of Columbia, Code of the District of Columbia, https://code.dccouncil.gov/us/dc/council/
code.
Congressional Research Service

2

link to page 5

District of Columbia Local Lawmaking and Congressional Authority: In Brief

Sundays, federal holidays, and days on which neither the House nor the Senate is in session
because of an adjournment sine die or pursuant to an adjournment resolution are excluded.18
Figure 1 provides an overview of the development and approval process for most permanent
forms of local legislation in the District.
Figure 1. District of Columbia Regular Local Lawmaking Process

Source: CRS Graphic adapted from Council of the District of Columbia, How a Bill Becomes a Law,
https://dccouncil.gov/how-a-bill-becomes-a-law/; Code of the District of Columbia, §1–204.12; and the District of
Columbia Self-Government and Governmental Reorganization Act of 1973, as amended.
Notes: Preparation for regular session includes a review by the Committee of the Whole in the District
Council. A joint resolution of disapproval would invalidate a District law if the resolution were adopted by both
chambers of Congress and signed by the President, enacted over his veto, or with no action taken by the
President, within the specified congressional review period.
Special Legislation
Some special forms of local District legislative measures are approved through different
processes.
The Home Rule Act enables the council to enact emergency legislation, which may remain in
effect for up to 90 days, pertaining to time-sensitive matters.19 Emergency legislation goes
through an abbreviated period of consideration by the council that includes one reading, and
mayoral review. For example, in 2023, the council enacted emergency legislation allowing the

18 87 Stat. 814; for background on adjournment sine die, see CRS Report R42977, Sessions, Adjournments, and
Recesses of Congress, by Valerie Heitshusen.
19 87 Stat. 788.
Congressional Research Service

3

District of Columbia Local Lawmaking and Congressional Authority: In Brief

Commission on the Arts and Humanities to appoint an acting executive director when the position
was vacant.20
Council rules also allow for the adoption of “temporary legislation,” substantially similar to an
emergency act, which may remain in effect for up to 225 days.21 These laws provide additional
time for the council to carry out the process of enacting regular “permanent legislation,” which
can take more than the 90 days that emergency legislation affords.22 Like emergency legislation,
temporary legislation does not require review by committee or the Committee of the Whole in the
council. The process for adopting temporary legislation does, however, require two readings,
mayoral review, and congressional review. In a recent example in 2023, the council enacted
temporary legislation to resolve an issue with local funding for improvements to parks and trails
on federal land in the Buzzard Point neighborhood.23
Resolutions, which do not become law, may be adopted upon agreement by the council. For
example, in 2023, the council adopted a ceremonial resolution to “recognize and honor the Mount
Zion-Female Union Band Society Cemeteries as sacred sites of national significance as they
celebrate their 215th anniversary.”24
Congressional Disapproval Process25
The Home Rule Act includes provisions that establish a special parliamentary mechanism by
which Congress can disapprove laws enacted by the District government during the respective
layover periods described above.26 Specifically, Section 604 of the Home Rule Act establishes
“fast track” procedures that the House and Senate may use to consider a joint resolution
disapproving a District law.27 These provisions of the Home Rule Act are considered rules of the
House and Senate, respectively.28

20 Council of the District of Columbia, Legislation Detail: B25-0157—Commission on the Arts and Humanities Acting
Executive Director Emergency Amendment Act of 2023, Legislative Information Management System,
https://lims.dccouncil.gov/Legislation/B25-0157.
21 Council of the District of Columbia, Rules of Organization and Procedure for the Council of District of Columbia,
Council Period 25, January 3, 2023, p. 67, https://lims.dccouncil.gov/downloads/LIMS/51944/Meeting1/Enrollment/
PR25-0001-Enrollment5.pdf.
22 Council of the District of Columbia, How a Bill Becomes a Law, https://dccouncil.gov/how-a-bill-becomes-a-law/.
23 Council of the District of Columbia, Legislation Detail: B25-0453—Buzzard Point Park and Trails National Park
Service Grant Temporary Amendment Act of 2023, December 18, 2023, https://lims.dccouncil.gov/Legislation/B25-
0453.
24 Council of the District of Columbia, Legislation Detail: CER25-0011 - The Mount Zion-Female Union Band
Cemeteries Ceremonial Resolution of 2023, Legislative Information Management System, February 7, 2023,
https://lims.dccouncil.gov/Legislation/CER25-0011.
25 For additional CRS analysis on the congressional disapproval process, see CRS Insight IN12119, Congressional
Disapproval of District of Columbia Laws Under the Home Rule Act, by Christopher M. Davis; and CRS Insight
IN12122, Congressional Disapproval of District of Columbia Acts: Overview of Selected Resolutions, by Joseph V.
Jaroscak, Ben Leubsdorf, and Christopher M. Davis.
26 The Home Rule Act establishes a similar (but not identical) disapproval mechanism that might be used to invalidate
amendments to the District of Columbia Charter.
27 Code of the District of Columbia, §1-206.04, https://code.dccouncil.gov/us/dc/council/code/sections/1-206.04.
28 U.S. Congress, Senate, Senate Manual, 117th Cong., 1st sess., S.Doc. 117-1 (Washington: GPO, 2022), §426, p. 523;
U.S. Congress, House, Constitution, Jefferson’s Manual, and Rules of the House of Representatives, 117th Cong., 2nd
sess., H.Doc. 117-161 (Washington: GPO, 2023), §1130(5), p. 1169 [hereinafter House Manual]; See also CRS Report
RL30599, Expedited Procedures in the House: Variations Enacted into Law, by Christopher M. Davis.
Congressional Research Service

4

District of Columbia Local Lawmaking and Congressional Authority: In Brief

Under Section 602(c) of the Home Rule Act, as amended, with few exceptions (e.g., emergency
legislation), the chair of the council must transmit a copy of each act passed by the council and
signed by the mayor to the Speaker of the House of Representatives and the President of the
Senate.29 This requirement also applies to enactments resulting from ballot initiatives or
referenda.
Introduction and Referral of a Joint Resolution of Disapproval
Under the Home Rule Act, any Member of the House or Senate may introduce a joint resolution
disapproving a District law at any time after the law has been submitted to Congress and before
the expiration of the layover periods described above.30 There is no limit on the number of
resolutions that may be introduced. Section 604(b) stipulates that a qualifying joint resolution
must state the following after its resolving clause:
‘That the

approves/disapproves of the action of the District of Columbia Council
described as follows:
.’, the blank spaces therein being appropriately filled, and either
approval or disapproval being appropriately indicated; but does not include a resolution
which specifies more than one action.31
These joint resolutions, when introduced, are referred to the Committee on Oversight and
Accountability in the House or the Committee on Homeland Security and Governmental Affairs
in the Senate pursuant to Section 604(c).32
Committee Report or Discharge
Once a joint disapproval resolution is referred, a committee may, but is not required to, hold a
markup meeting. However, during this meeting, committees do not consider amendments to the
resolution.33
A committee that is referred a joint resolution aimed at District criminal laws (Titles 22, 23, and
24 of District of Columbia Code) may be subject to a discharge mechanism. If the committee
does not report the joint resolution within 20 calendar days after its introduction, a privileged
motion to discharge the committee from further consideration of it or any joint resolution
targeting the same District law is in order.
The motion to discharge is debatable for one hour, equally divided between proponents and
opponents, and can be made only by an individual favoring the legislation. The motion to
discharge cannot be repeated once disposed of and is no longer available after the committee has
reported a disapproval resolution with respect to the same District act.34 The privileged motion to
discharge is not available for joint resolutions aimed at non-criminal code District enactments.

29 Code of the District of Columbia, §1-206.02, https://code.dccouncil.gov/us/dc/council/code/sections/1-206.02.
30 While the Home Rule Act states that the periods for congressional review begin on the day on which an act has been
“transmitted” to Congress, in practice, the House and Senate appear to consider the review periods to commence only
after a District enactment has been received and referred to committee, and notice of each chamber’s referral has
appeared in the Congressional Record.
31 Code of the District of Columbia, §1-206.04, https://code.dccouncil.gov/us/dc/council/code/sections/1-206.04.
32 Ibid.
33 The text of the Home Rule Act procedure does not explicitly bar the offering of amendments in legislative committee
markup. Because the consideration of amendments is explicitly barred on the House and Senate floors, however, any
amendments reported by a committee would presumably likewise be ineligible for floor consideration.
34 Code of the District of Columbia, §1-206.04, https://code.dccouncil.gov/us/dc/council/code/sections/1-206.04.
Congressional Research Service

5

District of Columbia Local Lawmaking and Congressional Authority: In Brief

Presumably, such joint resolutions would have to be reported by the committee to qualify for the
privileged floor procedures of the Home Rule Act.
Calling Up the Joint Resolution
In both the House and Senate, once a committee has reported or (within the limits described
above) been discharged from further consideration of a joint resolution, a nondebatable motion to
proceed to consider the measure is in order and may be made by any Member. This motion to
proceed may be made even if a previous motion to the same effect has been defeated. The motion
to proceed may not be amended, nor may a vote on it be reconsidered.35 Adopting the motion to
proceed in either chamber requires a majority vote.
Considering the Joint Resolution
Should the House or Senate agree to consider the joint resolution of disapproval, the measure
would be pending before the respective chamber and debatable for up to 10 hours, equally
divided between supporters and opponents. A nondebatable motion to limit debate below 10 hours
is in order. The joint disapproval resolution may not be amended or recommitted (sent back) to
committee, and a vote thereon may not be reconsidered. All appeals from decisions of the chair
made during consideration of the joint resolution are to be decided without debate. Adoption of a
joint resolution occurs by majority vote.36
The passage of a joint resolution of disapproval and its presentment to the President must occur, it
appears, before the expiration of the congressional review period in order to successfully
invalidate that District law. The fast-track parliamentary procedures, however, may remain
available in the Senate even after the expiration of the congressional review period.37
Subsequent Parliamentary Action
The Home Rule Act mechanism was originally structured to permit either a one- or two-chamber
legislative veto. Thus, it does not include separate parliamentary provisions addressing the
legislative process in the second chamber after the joint resolution’s adoption in its chamber of
origin.
Following the U.S. Supreme Court’s 1983 ruling that single-chamber legislative vetoes were
unconstitutional,38 Congress amended the Home Rule Act to adopt the current form of a joint
resolution. Although the act still contains no explicit parliamentary provisions governing second
chamber action, in practice, the second-acting chamber has chosen to afford privileged status to a
properly submitted joint resolution adopted and sent to it by the other body.
When the House and Senate adopt a joint resolution of approval or disapproval, it is then
submitted to the President. If vetoed, any attempt to override the veto takes place under normal
House and Senate procedures. In the Senate, veto messages are privileged for consideration (as

35 Ibid.
36 House Manual, §1130(5).
37 U.S. Congress, Senate, Riddick’s Senate Procedure: Precedents and Practices, 101st Cong., 2nd sess., S.Doc. 101-28,
p. 500.
38 INS v. Chadha, 462 U.S. 919 (1983).
Congressional Research Service

6

link to page 9 District of Columbia Local Lawmaking and Congressional Authority: In Brief

they are in the House) but are fully debatable and thus potentially subject to a filibuster and a
time-consuming cloture process.39
The Home Rule Act disapproval procedure has been used infrequently. Congress has used the
special parliamentary disapproval mechanisms of the Home Rule Act to block four local acts
since the act was enacted in 1973. A total of 11 joint resolutions of disapproval have received
floor consideration under this procedure. See Table 1 for an accounting of congressional
resolutions to disapprove District of Columbia enactments that received floor consideration in the
House, Senate, or both chambers.
Table 1. Disapproval Resolutions of District Acts Receiving Floor Consideration
Through Home Rule Act Disapproval Process
Resolution Number
Congress
Resolution Title
Latest Action
H.J.Res. 24
118th Congress (2023-
Disapproving the action
Agreed to in House
2024)
of the District of
Columbia Council in
approving the Local
Resident Voting Rights
Amendment Act of 2022
H.J.Res. 26
118th Congress (2023-
Disapproving the action
Enacted into law, nullifying
2024)
of the District of
the District of Columbia
Columbia Council in
act
approving the Revised
Criminal Code Act of
2022
H.J.Res. 42
118th Congress (2023-
Disapproving the action
Failed to pass over
2024)
of the District of
presidential veto
Columbia Council in
approving the
Comprehensive Policing
and Justice Reform
Amendment Act of 2022
H.J.Res. 43
114th Congress (2015-
Disapproving the action
Agreed to in House
2016)
of the District of
Columbia Council in
approving the
Reproductive Health
Non-Discrimination
Amendment Act of 2014
S.J.Res. 84
102nd Congress (1991-
A joint resolution
Enacted into law, nullifying
1992)
disapproving the action of
the District of Columbia
the District of Columbia
act
Council in approving the
Schedule of Heights
Amendment Act of 1990
H.J.Res. 158
102nd Congress (1991-
Disapproving the action
Agreed to in House
1992)
of the District of
Columbia Council in
approving the Schedule of
Heights Amendment Act
of 1990

39 For more information, see CRS Report 98-425, Invoking Cloture in the Senate, by Christopher M. Davis.
Congressional Research Service

7

District of Columbia Local Lawmaking and Congressional Authority: In Brief

Resolution Number
Congress
Resolution Title
Latest Action
H.J.Res. 341
100th Congress (1987-
A joint resolution
Motion to discharge from
1988)
disapproving the action of
committee tabled in
the District of Columbia
House
Council in approving the
Prison Overcrowding
Emergency Powers Act of
1987
H.Res. 208
97th Congress (1981-
A resolution disapproving
Adopted, nullifying the
1982)
the action of the District
District of Columbia act
of Columbia Council in
approving the District of
Columbia Sexual Assault
Reform Act of 1981
S.Con.Res. 63
96th Congress (1979-
A concurrent resolution
Adopted, nullifying the
1980)
to disapprove the
District of Columbia act
Location of Chanceries
Amendment Act of 1979
passed by the City
Council of the District of
Columbia
H.Con.Res. 228
96th Congress (1979-
A bill to disapprove the
Agreed to in House
1980)
Location of Chanceries
Amendment Act of 1979
passed by the Council of
the District of Columbia
S.Con.Res. 78
94th Congress (1975-
Concurrent resolution
Agreed to in Senate
1976)
disapproving proposed
bond issue by the
Government of the
District of Columbia
Source: Congress.gov.
Notes: H.Res. 208 and S.Con.Res. 63 were adopted as legislative vetoes prior to the U.S Supreme Court’s 1983
ruling that single-chamber legislative vetoes were unconstitutional. S.J.Res. 84 was adopted in lieu of H.J.Res. 158
and was enacted, invalidating the Schedule of Heights Amendment Act of 1990. S.Con.Res. 63 was agreed to in
lieu of H.Con.Res. 228, invalidating the Location of Chanceries Amendment Act of 1979.
The Home Rule Act disapproval procedure is one parliamentary method that Congress might use
to invalidate a proposed District law. It is not, however, the only way Congress might influence
actions of the District’s government. Congress has also done so through the regular lawmaking
process, including appropriations.
Authorizing Legislation
Pursuant to Section 601 of the Home Rule Act, Congress retains its constitutional authority to
enact “legislation for the District on any subject, whether within or without the scope of
legislative power granted to the Council by this Act.”40 The Home Rule Act further clarifies that
the congressional authority over District legislation includes the repeal of, or amendment to, “any
law in force in the District prior to or after enactment of this Act and any act passed by the

40 87 Stat. 813.
Congressional Research Service

8

District of Columbia Local Lawmaking and Congressional Authority: In Brief

Council.”41 Congress has used this authority in the regular lawmaking process through the
introduction of authorizing acts as stand-alone measures or attached to other legislation.
District of Columbia Government Administration
Some enacted laws have amended the Home Rule Act by expanding, limiting, prohibiting, or
otherwise modifying District of Columbia government authorities and/or processes.
For example, the District of Columbia Water and Sewer Authority Act of 1996 (P.L. 104-184)
amended the Home Rule Act by enabling the council to authorize revenue bond issuance for
certain water and sewer facilities. Title I of the 2005 District of Columbia Omnibus Authorization
Act (P.L. 109-356) included various provisions related to District of Columbia governance. One
provision amended the Home Rule Act to allow an increase of local funds in the District budget
under certain conditions. The act also prohibited the use of such an increase to fund any District
agencies “operating under court-ordered receivership.”42
Other acts have modified Home Rule Act requirements for a range of local government-related
activities, including congressional oversight report submission deadlines (P.L. 106-449) and the
timing of District of Columbia special elections (P.L. 112-145).
Congress also enacted measures to address a fiscal and management crisis facing the District of
Columbia in the 1990s.43 Enacted in 1995, the District of Columbia Financial Responsibility and
Management Assistance Act (P.L. 104-8) created a financial control board and the Office of the
Chief Financial Officer (OCFO) and charged them with returning the District to financial
solvency. The National Capital Revitalization and Self-Government Act of 1997 (Title XI of P.L.
105-33) continued congressional efforts to improve the District’s finances by transferring a
number of state-related functions to the federal government, including prisons, court operations,
and offender services.
District of Columbia Public Policy Issues
In some cases, Congress has enacted legislation on District policy issues of a distinctly local
nature. For example, Congress enacted legislation in 2014 to amend building height restrictions in
the District of Columbia Code (P.L. 113-103). For another example, Title I of the 2005 District of
Columbia Omnibus Authorization Act (P.L. 109-356) included a provision mandating that
licensed taxicabs in the District utilize a fare meter system, unless exempted by executive order of
the mayor.44
Congress has also enacted legislation on issues related to broader national policy debates. For
example, regarding education reform, the District of Columbia School Reform Act of 1995
established the District of Columbia Public School Charter Board and authorized a public charter
school petition process.45

41 Ibid.
42 P.L. 109-356, Title I, Section 101.
43 For background information on the District of Columbia fiscal crisis, see U.S. Government Accountability Office,
District of Columbia Financial Crisis, GAO/T-AIMD-95-88, February 22, 1995, https://www.gao.gov/assets/t-aimd-
95-88.pdf; and U.S. Government Accountability Office, District of Columbia Fiscal Structural Balance Issues, GAO-
02-1001, September 2002, https://www.gao.gov/assets/gao-02-1001.pdf.
44 P.L. 109-356, Title I, Section 105.
45 P.L. 104-134, Title II.
Congressional Research Service

9

District of Columbia Local Lawmaking and Congressional Authority: In Brief

General Provisions in Appropriations Acts
Congress has also exercised its legislative authority over the District through the annual
appropriations process. In addition to providing federal payments for a variety of programs and
services in the District, appropriations acts typically include general policy provisions—known as
limitations or riders—to prevent the District government from expending funds on certain
activities.46
These provisions can be grouped into several distinct but overlapping categories, with the most
predominant being related to fiscal and budgetary directives and controls. Other provisions
include administrative directives and controls, limitations on lobbying, congressional oversight,
and/or congressionally imposed restrictions and prohibitions related to social policy. Some
previously enacted provisions have restricted or prohibited the use of federal and/or local funds
for particular local social policy initiatives in the District, such as
• abortion services;
• lobbying for voting representation in Congress, or statehood for the District;
• needle exchange programs; and
• legalization of Schedule I substances such as marijuana.47
For example, local voters in 1998 approved an initiative allowing the medical use of marijuana,
with 69% casting ballots in favor.48 However, ahead of Election Day, Congress barred the District
from spending any money to conduct the initiative, in Section 171 of the Omnibus Consolidated
and Emergency Supplemental Appropriations Act, 1999 (P.L. 105-277).49 In 1999, after a federal
judge allowed the vote count to be released,50 Section 167 of the Consolidated Appropriations
Act, 2000 (P.L. 106-113), overturned the initiative by stating that it “shall not take effect.” In
December 2009, Congress lifted the rider, and the city enacted a medical-marijuana law in
2010.51
Selected Issues in the 118th Congress
Disapproval Resolutions
During the 118th Congress, three joint resolutions disapproving District laws have received floor
consideration in at least one chamber; one such resolution was enacted.
• On February 9, 2023, the U.S. House of Representatives adopted H.J.Res. 24,
Disapproving the action of the District of Columbia Council in approving the

46 For more information on general policy provisions in appropriations acts, see CRS Report R41634, Limitations in
Appropriations Measures: An Overview of Procedural Issues, by James V. Saturno.
47 For examples of general policy provisions for the District of Columbia, see P.L. 117-328, Division E, Title VIII.
48 District of Columbia Board of Elections, Election Year 1998—November 13 General Election—Initiative Measure
#59, https://dcboe.org/elections/election-results-archives/november-13-general-election/initiative-measure-59.
49 For additional historical context, see CRS Report RL33211, Medical Marijuana: Review and Analysis of Federal and
State Policies, by Mark Eddy.
50 Bill Miller and Spencer S. Hsu, “Results Are Out: Marijuana Initiative Passes,” Washington Post, September 21,
1999, p. A1, https://www.washingtonpost.com/wp-srv/local/daily/sept99/marijuana21.htm.
51 Ashley Southall, “Washington, D.C., Approves Medical Use of Marijuana,” New York Times, May 4, 2010,
https://www.nytimes.com/2010/05/05/us/05marijuana.html.
Congressional Research Service

10

District of Columbia Local Lawmaking and Congressional Authority: In Brief

Local Resident Voting Rights Amendment Act of 2022. H.J.Res. 24 did not
receive floor consideration in the Senate.
• On March 20, 2023, President Biden signed into law H.J.Res. 26, Disapproving
the action of the District of Columbia Council in approving the Revised Criminal
Code Act of 2022.
• On June 13, 2023, H.J.Res. 42, the House failed to override a presidential veto of
Disapproving the action of the District of Columbia Council in approving the
Comprehensive Policing and Justice Reform Amendment Act of 2022.
Home Rule and Political Status
Several Members of Congress have also sought in the 118th Congress to modify the home rule
structure as it pertains to legislative authority for local matters in the District. For example, the
District of Columbia Legislative Home Rule Act, H.R. 268, would amend the Home Rule Act by
eliminating the congressional review and disapproval process for acts of the District council. The
District of Columbia Home Rule Improvement Act, H.R. 2375, would amend the Home Rule Act
by establishing “a uniform 60-day period for Congress to review laws of the District of Columbia
before such laws may take effect.” The Seat of Government Act, H.R. 5195, would repeal the
Home Rule Act entirely.52
Other proposed legislation related to the District’s political status would also change the role of
Congress in local legislation and policy decisions. For example, the Washington, D.C. Admission
Act, H.R. 51, would provide for the admission of parts of the District into the Union as a state.
Another bill, the Washington, D.C. Residents Voting Act, H.R. 980, would retrocede parts of the
District to the State of Maryland.53

52 For past examples of District of Columbia government structures, see CRS In Focus IF12577, Governing the District
of Columbia: Overview and Timeline, by Joseph V. Jaroscak and Ben Leubsdorf.
53 For related CRS legal analysis, see CRS Report R47101, DC Statehood: Constitutional Considerations for Proposed
Legislation, by Mainon A. Schwartz.
Congressional Research Service

11

District of Columbia Local Lawmaking and Congressional Authority: In Brief

Author Information

Joseph V. Jaroscak, Coordinator
Ben Leubsdorf
Analyst in Economic Development Policy
Research Librarian

Christopher M. Davis

Analyst on Congress and the Legislative Process

Disclaimer
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan
shared staff to congressional committees and Members of Congress. It operates solely at the behest of and
under the direction of Congress. Information in a CRS Report should not be relied upon for purposes other
than public understanding of information that has been provided by CRS to Members of Congress in
connection with CRS’s institutional role. CRS Reports, as a work of the United States Government, are not
subject to copyright protection in the United States. Any CRS Report may be reproduced and distributed in
its entirety without permission from CRS. However, as a CRS Report may include copyrighted images or
material from a third party, you may need to obtain the permission of the copyright holder if you wish to
copy or otherwise use copyrighted material.

Congressional Research Service
R47927 · VERSION 1 · NEW
12

Download PDF

Download EPUB

Revision History

Feb. 22, 2024

HTML · PDF

Metadata

Topic areas

Legislative Process

Report Type: CRS Report

Source: CRSReports.Congress.gov

Raw Metadata: JSON