[Congressional Record Volume 153, Number 29 (Thursday, February 15, 2007)]
[Extensions of Remarks]
[Pages E360-E361]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 THE 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

                      Wednesday, February 14, 2007

  Ms. NORTON. Madam Speaker, today, I am introducing the District of 
Columbia Legislative Autonomy Act of 2007, to end discriminatory and 
unnecessary congressional review of District of Columbia legislation. 
Basic to the meaning of self government in the United

[[Page E361]]

States is the right to enact a local budget and civil and criminal laws 
free from Federal interference. I have already introduced this bill's 
fraternal twin, the District of Columbia Budget Autonomy Act of 2007, 
cosponsored by Oversight and Government Reform Ranking Member Tom 
Davis.
  Because the period of congressional review involves only legislative 
days, when Congress is in session, not ordinary calendar days, D.C. 
laws typically do not become law for months, not days. A required hold 
on all D.C. bills forces the D.C. 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 
uninterrupted, and because of the complications and time frames 
involved, some bills do not become law at all. The Legislative Autonomy 
Act would eliminate the need for the City Council to engage in this 
Byzantine process that often requires a two-thirds super majority even 
for ordinary legislation.
  The legislative autonomy bill would eliminate the congressional 
review period for civil and criminal District acts of 30 days and 60 
days respectively. I have repeatedly introduced today's legislative 
autonomy bill because it has long been obsolete, demeaning, and 
cumbersome, but also because Congress no longer uses the statute. 
Congress has eliminated the review or layover period as a way to review 
Council legislation, yet the Council continues to be bound by Section 
602 of the Home Rule Act, absurdly continuing to abide by its awkward 
and debilitating rules because the law requires it. Our bill would do 
no more than align D.C. City Council practices.
  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 requires processing in the House and the Senate, 
the Congress has preferred to use appropriations or attachments. The 
District strongly opposes all methods of overturning its legitimate 
local legislation, but it is particularly unfair to require the City 
Council to engage in the tortuous process prescribed by the Home Rule 
Act that Congress itself has discarded. My bill would eliminate the 
formal review system that has died of old age and disuse. 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 and 
the Senate 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, since 
the Home Rule Act became effective in 1974, of more than 2000 
legislative acts that have been passed by the Council and signed into 
law by the Mayor, only three resolutions to disapproval of a D.C. bill 
have been enacted, and two of these involved a distinct federal 
interest. 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 wasted time to the District and the Congress. 
Although 32 years of Home Rule Act history shows that congressional 
review is unnecessary, this bill merely eliminates the automatic hold 
placed on local legislation and the need for the City Council to use a 
phantom process passed for the convenience of Congress that Congress 
has eliminated in all but law.

  Congress continually urges the District government to pursue 
efficiency and savings. It is time for Congress to do its part to 
promote greater efficiency both here and in the District by 
streamlining its own redundant and discarded review processes. 
Eliminating the hold on D.C. legislation would not only save scarce 
D.C. taxpayer revenue, but 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 under the 
constitutional provisions.
  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 
without prejudice to congressional authority. I urge my colleagues to 
pass this important measure.

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