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District of Columbia Home Rule Act

The District of Columbia Home Rule Act is a United States federal law passed on December 24, 1973, which devolved certain congressional powers of the District of Columbia to local government, furthering District of Columbia home rule. In particular, it includes the District Charter (also called the Home Rule Charter), which provides for an elected mayor and the Council of the District of Columbia. The council is composed of a chair elected at large and twelve members, four of whom are elected at large, and one from each of the District's eight wards. Council members are elected to four-year terms.

Other short titles

District of Columbia Home Rule Act

To reorganize the governmental structure of the District of Columbia, to provide a charter for local government in the District of Columbia subject to acceptance by a majority of the registered qualified electors in the District of Columbia, to delegate certain legislative powers to the local government, to implement certain recommendations of the Commission on the Organization of the Government of the District of Columbia, and for other purposes.

the 93rd United States Congress

Pub. L.Tooltip Public Law (United States) 93–198

87 Stat. 774

Under the "Home Rule" government, Congress reviews all legislation passed by the council before it can become law and retains authority over the District's budget. Also, the President appoints the District's judges, and the District still has no voting representation in Congress. Because of these and other limitations on local government, many citizens of the District continue to lobby for greater autonomy, such as complete statehood.


The Home Rule Act specifically prohibits the council from enacting certain laws that, among other restrictions, would:[1]

In 1988, Congress voted to block D.C. from expending local funds to cover abortion services through . This was repealed in 2009 but then reinstated in 2011.[2]

Medicaid

Passed by the D.C. Council in 1992, the Health Care Benefits Expansion Act allowed both gay and straight couples to register as domestic partners, allowing familial recognition for such things as hospital visits and allowing the partners of D.C. government employees to purchase private health insurance, was blocked by Congress. The act was finally allowed to go into effect in 2001.

[3]

In 1996, the D.C. Council passed a clean needle exchange program law. However, in 1998, Congress voted to block the law.[3][5] In 2007, Congress voted to lift the ban, thus allowing the law to go into effect.[6]

[4]

In 1998, Congress voted to block – Legalization of Marijuana for Medical Treatment Initiative of 1998 – via the Barr amendment. This also caused the result of the referendum to be withheld.[7] When this was challenged in court, it was determined that withholding the result of the referendum violated the First Amendment. In response to this, another amendment was passed in 2000 that simply overturned Initiative 59.[7] In 2009, Congress voted to overturn the ban on Initiative 59, allowing D.C.'s medical marijuana law to go into effect,[8][9] with the first medical marijuana sale occurring in 2013.[10]

Initiative 59

In 2014, Congress voted to block – Legalization of Possession of Minimal Amounts of Marijuana for Personal Use Act of 2014 – by blocking funds from being used to enact laws, rules or regulations for reducing or legalizing any Schedule I drug.[11] However, since this was passed after the results of Initiative 71 had already been announced, it did not prevent the legalization of marijuana, but had the effect of leaving marijuana legal, but without the authority to expend funds on enacting regulations or taxation.[12][13][14]

Initiative 71

In 2023, Congress voted in favor of H.J.Res.26 to block the Revised Criminal Code Act of 2022.[16] DC's Revised Criminal Code Act of 2022 would have re-worked criminal justice policies in the District of Columbia. It would have also eliminated mandatory minimum sentences for many crimes. It would have also reduced the maximum penalties for many crimes like burglary, carjacking, and robbery.[17]

[15]

The Home Rule Act allows Congress to block any laws passed by the D.C. council. Since its enactment, Congress has exercised this power several times.[2]

(PDF/details) as amended in the GPO Statute Compilations collection

District of Columbia Home Rule Act