[Congressional Record Volume 152, Number 30 (Thursday, March 9, 2006)]
[Extensions of Remarks]
[Pages E337-E338]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 INTRODUCTION OF THE DISTRICT OF COLUMBIA LEGISLATIVE AUTONOMY ACT OF 
                                  2006

                                 ______
                                 

                       HON. ELEANOR HOLMES NORTON

                      of the district of columbia

                    in the house of representatives

                        Thursday, March 9, 2006

  Ms. NORTON. Mr. Speaker, I am introducing the District of Columbia 
Legislative Autonomy Act of 2006, the second in a series of ``Free and 
Equal D.C.'' bills to remove the remaining congressional statutes that 
impose discriminatory and unequal treatment on the District of Columbia 
as a U.S. jurisdiction, on its elected and public officials, and on its 
citizens. These bills are different from the No Taxation without 
Representation Act, which in addition to providing equal treatment, 
would remedy a major violation of basic human rights recognized under 
international law and treaties and, moreover, a human rights denial 
found only in the United States. Residents justifiably focus on this 
most basic of infringements, but our city can and must make more 
progress on other unnecessary requirements and denials that violate the 
rights of the taxpaying American citizens who live in the Nation's 
capital as well.

[[Page E338]]

  The Free and Equal D.C. series addresses privileges, rights and 
benefits universally enjoyed not only by the citizens of State and 
local jurisdictions, but also by the four territories, under Federal 
principles of local control that govern the United States. Among the 
most important are the right to enact local budget, civil and criminal 
laws free from Federal interference. This bill's fraternal twin, the 
most important in the Free and Equal D.C. series, H.R. 1629, the 
District of Columbia Budget Autonomy Act of 2005, sponsored by 
Government Reform Committee Chairman Tom Davis and I, was introduced 
last year as the first bill of the series. The Senate passed the bill 
in 2003, and my goal is to achieve passage by both Houses this session.
  Because the period of congressional review involves only legislative 
days, when Congress is in session, not calendar days, D.C. laws 
typically do not become law for months, not days. A required hold on 
all D.C. bills, forces the City Council to pass most legislation using 
a cumbersome and complicated process in which bills are passed 
concurrently on an emergency, temporary, and permanent basis to ensure 
that the operations of the large and rapidly changing city continue. 
The Legislative Autonomy bill would eliminate the need for the District 
to engage in this Byzantine process that often requires a two-thirds 
super majority even for ordinary legislation.
  This second bill in the Free and Equal D.C. series would eliminate 
the congressional review period for civil and criminal District acts of 
30 days and 60 days respectively. I have introduced today's legislative 
autonomy bill before, but today's bill is particularly timely because 
of substantial changes in congressional approach and practices in 
responding to Council-passed law. In effect, Congress has eliminated 
the review or layover period. My bill would do no more than align D.C. 
City Council practices with the approaches Congress uses today.

  Moreover, although control of the Congress changed in 1994 for the 
first time in 40 years, no resolution of disapproval has been heard in 
committee or used on the floor of either House. Instead of the 
cumbersome formal filing of bills that require processing in the House 
and the Senate, both use other more efficient processes, particularly 
appropriations or attachments to other bills. My bill would eliminate a 
formal review system that has died of old age and non-use. Congress has 
walked away from layover review and should allow the city to do the 
same.
  Today's bill, of course, does not prevent review of District laws by 
Congress. Under Article I, Section 8 of the Constitution, the House 
Government Reform Committee and the Senate Government Affairs Committee 
could scrutinize every piece of legislation passed by the City Council, 
if desired, and could change or strike legislation under the plenary 
constitutional authority over the District. However, today Congress 
prefers more rapid approaches. My bill merely eliminates the automatic 
hold placed on local legislation and eliminates the need for the City 
Council to use a Byzantine emergency and temporary process to keep the 
District functioning under law.
  Since the Home Rule Act became effective in 1974, of over 2000 
legislative acts that have been passed by the Council and signed into 
law by the Mayor, only three resolutions to disapprove a D.C. bill have 
been enacted, and two involved a distinct Federal interest; only 43 
acts have been challenged by a congressional disapproval resolution. 
Federal law to correct for a Federal interest, of course, would be 
appropriate for any jurisdiction, but placing a hold on 2000 bills has 
not only proved unnecessary, but has meant untold costs in money, staff 
and time to the District and the Congress.
  We continually urge the District government to pursue greater 
efficiency and savings. Congress must now do its part to promote 
greater efficiency both here and in the District by streamlining its 
own cumbersome, redundant, and obsolescent review processes. 
Eliminating the hold on D.C. legislation would not only save scarce 
D.C. taxpayer revenue; my bill would benefit the city's bond rating, 
which is effected by the shadow of congressional review that delays the 
certainty of finality to District legislation. At the same time, 
Congress would give up none of its plenary power because the Congress 
may intervene into any District matter at any time.
  Thus, the limited legislative autonomy granted in this bill would 
allow the District to realize the greater measure of meaningful self-
government and Home Rule it deserves and has more than earned in the 32 
years since the Home Rule Act became effective. This goal can be 
achieved not only without prejudice to congressional authority. A 
congressional practice for many years now that has meant savings to 
Congress should now be reciprocated to the City Council as well. I urge 
my colleagues to pass this important measure.

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