Reports R47927

District of Columbia Local Lawmaking and Congressional Authority

Published March 11, 2026 · Ben Leubsdorf, Christopher M. Davis, Joseph V. Jaroscak

Summary

The U.S. Constitution provides Congress with plenary legislative authority over the District of Columbia (the District) as the federal capital. 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 (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. The Home Rule Act includes provisions establishing a special parliamentary mechanism by which Congress can disapprove laws enacted by the District government. Under Section 602(c) of the Home Rule Act, as amended, with few exceptions, the chair of the city 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. This requirement also applies to enactments stemming from ballot initiatives or referenda. Section 604 of the Home Rule Act establishes special “fast track” procedures that the House and Senate might then use to consider a joint resolution disapproving a submitted District law. The Home Rule Act disapproval procedure is one expedited parliamentary method that Congress might use to invalidate a proposed District law. It is not, however, the only way Congress might undertake such disapproval. More frequently, Congress has influenced actions of the District’s government through the regular lawmaking process, including the appropriations process. Some Members in the 119th Congress have sought to exercise congressional authority over local laws and actions of the District of Columbia Government through each of these approaches. On February 18, 2026, the President signed H.J.Res. 142, a joint resolution “Disapproving the action of the District of Columbia Council in approving the D.C. Income and Franchise Tax Conformity and Revision Temporary Amendment Act of 2025,” with the intent of nullifying the locally passed temporary act. Some local officials have disputed the status of the joint resolution in reversing local requirements for District residents filing 2025 taxes. Some Members in the 119th Congress have also introduced standalone bills that would repeal and/or amend portions of the District of Columbia Code. Additionally, on February 3, 2026, the President signed the Consolidated Appropriations Act, 2026, P.L. 119-75, into law. Title VIII of Division E of the act included 21 general provisions pertaining to local financial, administrative, and policy matters for the District. Some Members have also introduced bills that would modify or repeal the current system of home rule for the District of Columbia, or otherwise reform the District’s political status.

Topics

Congressional OperationsFederal Government OrganizationFederalism
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