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              Congressional                                                    ____
          S£  Research Service






Congressional Disapproval of District of

Columbia Acts: Overview of Selected

Resolutions



Updated April 20, 2023


The U.S. Constitution provides Congress with plenary legislative authority over the District of Columbia
(DC) as the federal capital. With the passage of the District of Columbia Self-Government and
Governmental Reorganization Act of 1973 (P.L. 93-198, hereinafter the Home Rule Act), Congress
granted limited home rule authority to DC, and it empowered DC residents to elect a mayor and city
council. 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. The act also established a process by
which Congress may review and disapprove of most laws enacted by DC before they take effect.
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, which nullified DC Act A24-
0789. On February 9, 2023, the U.S. House of Representatives adopted H.J.Res. 24, which would have
nullified DC Act A24-0640. H.J.Res. 24 did not receive floor consideration in the Senate. On April 19,
2023, the House adopted H.J.Res. 42, which would nullify A24-0781.


Disapproval Process

Most forms of local DC law are transmitted to Congress for a specified review or layover period. The
length of the layover period differs based on the type of law the District has enacted (60 days for criminal
legislation and 30 days for other acts). The layover period excludes Saturdays, 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. In practice, the start and end date of the review period is subject to
the interpretation of the House or Senate Parliamentarian.
Under the Home Rule Act, any Member of the House or Senate may introduce a qualifying joint
resolution disapproving a DC law at any time after the law has been submitted to Congress and before the
expiration of the layover periods described above. There is no limit on the number of resolutions that may
be introduced. The act in question will take effect upon the expiration of the layover period, unless it is
                                                              Congressional Research Service
                                                                https://crsreports.congress.gov
                                                                                   IN12122

CRS INSIGHT
Prepared for Members and
Committees of Congress

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