[Congressional Record Volume 168, Number 149 (Thursday, September 15, 2022)]
[Extensions of Remarks]
[Page E937]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  INTRODUCTION OF THE DISTRICT OF COLUMBIA HOME RULE EXPANSION ACT OF 
                                  2022

                                 ______
                                 

                       HON. ELEANOR HOLMES NORTON

                      of the district of columbia

                    in the house of representatives

                      Thursday, September 15, 2022

  Ms. NORTON. Madam Speaker, today I introduce the District of Columbia 
Home Rule Expansion Act of 2022, which would expand D.C.'s authority to 
govern its local affairs. Specifically, the bill would give D.C. the 
authority to prosecute and grant clemency for all D.C. crimes and 
eliminate the congressional review period for D.C. legislation.
  D.C. should--and will--be a state. However, until Congress grants 
D.C. statehood, there is no constitutional or policy reason Congress 
should not pass this bill. This bill is about local control over local 
affairs. It does nothing more than give D.C. the same authorities 
states and territories have over certain local governmental functions. 
Under the Constitution, Congress has plenary authority over both D.C. 
and the territories. It has already used its plenary authority to give 
the territories the self-governing authorities this bill would give 
D.C.
  First, this bill would give D.C. the authority to prosecute all 
crimes committed under its laws. Congress already lets D.C. write D.C. 
criminal laws, and lets D.C. enforce them against some violators. 
Congress should let D.C. enforce them against all violators. This 
provision would effectuate a 2002 advisory referendum, approved by 82 
percent of D.C. voters, to create a local prosecutor's office.
  Currently, the U.S. Attorney for D.C. has the authority to prosecute 
most D.C. crimes committed by adults and some by juveniles, while the 
D.C. Attorney General has the authority to prosecute most D.C. crimes 
committed by juveniles and some by adults. Giving D.C. the authority to 
prosecute all D.C. crimes would not only give D.C. residents a say in 
the enforcement of all their laws, it also would save the federal 
government tens of millions of dollars a year by reducing the number of 
assistant U.S. attorneys in the U.S. Attorney's Office for D.C.
  Second, this bill would give D.C. the authority to grant clemency for 
crimes committed under D.C. laws, as Congress previously has done. 
Currently, the President exercises the authority to grant clemency for 
D.C. crimes, though almost never grants it. D.C. residents deserve a 
say in whether their fellow residents deserve mercy.
  Finally, this bill would eliminate the congressional review period 
for D.C. legislation. D.C. legislation takes effect after a 
congressional review period, unless a joint resolution of disapproval 
is enacted into law during the review period. The review process 
imposes significant costs on both D.C. and Congress, but only three 
D.C. disapproval resolutions have been enacted since passage of the 
D.C. Home Rule Act, and none since 1991, more than 30 years ago. Yet, 
the D.C. Council has had to develop a Kafkaesque legislative process to 
comply with the review period, often having to pass the same bill 
multiple times. Congress loses nothing by eliminating the abandoned 
congressional review period. Congress can legislate on any D.C. matter 
at any time, and has done so many times outside of the review period, 
such as through the appropriations process.
  The congressional review period (30 days for civil bills and 60 days 
for criminal bills) includes those days when either house of Congress 
is in session, delaying D.C. bills from becoming law, often for many 
months. The delay forces the D.C. Council to pass most bills several 
times, using a cumbersome and complicated process to ensure that the 
operations of this large city continue uninterrupted. The congressional 
calendar means that a 30-day period usually lasts a couple of months 
and often much longer because of congressional recesses.
  Placing a congressional hold on D.C. bills has not only proven 
unnecessary, but has imposed costs on the D.C. government, residents 
and businesses. District residents and businesses are also placed on 
hold because they have no certainty when D.C. bills, from taxes to 
regulations, will take effect, making it difficult to plan. It is 
particularly unfair to require the D.C. Council to engage in this 
unnecessary, labor-intensive and costly process to no effect.
  I urge my colleagues to support this important bill.

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