[Congressional Record Volume 171, Number 152 (Wednesday, September 17, 2025)]
[House]
[Pages H4379-H4386]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




              DISTRICT OF COLUMBIA POLICING PROTECTION ACT

  Mr. COMER. Mr. Speaker, pursuant to House Resolution 707, I call up 
the bill (H.R. 5143) to establish standards for law enforcement 
officers in the District of Columbia to engage in vehicular pursuits of 
suspects, and for other purposes, and ask for its immediate 
consideration.
  The Clerk read the title of the bill.
  The SPEAKER pro tempore (Mr. Moolenaar). Pursuant to House Resolution 
707, the amendment in the nature of a substitute consisting of the text 
of Rules Committee Print 119-11 is adopted and the bill, as amended, is 
considered read.
  The text of the bill, as amended, is as follows:

                               H.R. 5143

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``District of Columbia 
     Policing Protection Act of 2025''.

     SEC. 2. VEHICULAR PURSUITS BY LAW ENFORCEMENT OFFICERS IN 
                   DISTRICT OF COLUMBIA.

       (a) Amendment.--The Comprehensive Policing and Justice 
     Reform Amendment Act of 2022 (D.C. Law 24-345) is amended--
       (1) in subtitle S of title I--
       (A) in the heading, by striking ``LIMITATIONS ON THE'';
       (B) in section 127(a) (sec. 5-365.01(a), D.C. Official 
     Code)--
       (i) by striking paragraphs (1) through (5);
       (ii) in paragraph (6), by striking the period at the end 
     and inserting the following: ``, except

[[Page H4380]]

     that such term does not include a sworn federal law 
     enforcement officer of a covered federal law enforcement 
     agency as defined in section 11712(d) of the National Capital 
     Revitalization and Self-Government Improvement Act of 1997 
     (sec. 5-133.17(d), D.C. Official Code).'';
       (iii) by redesignating paragraphs (6) and (7) as paragraphs 
     (1) and (2), respectively;
       (iv) by striking paragraphs (8) through (11); and
       (v) by redesignating paragraph (12) as paragraph (3); and
       (C) in section 128 (sec. 5-365.02, D.C. Official Code), by 
     striking subsections (a), (b), and (c) and inserting the 
     following:``If a law enforcement officer encounters a suspect 
     fleeing in a motor vehicle, the officer may engage in a 
     vehicular pursuit of the suspect unless the officer, or a 
     higher-ranking official with supervisory authority over the 
     officer, reasonably believes that--
       ``(1) vehicular pursuit would--
       ``(A) entail an unacceptable risk of harm to a person other 
     than the suspect; or
       ``(B) be futile; or
       ``(2) the suspect can be apprehended more effectively or 
     expeditiously by a means other than vehicular pursuit.''; and
       (2) in the table of contents, by striking the item relating 
     to subtitle S of title I and inserting the following:
``SUBTITLE S. USE OF VEHICULAR PURSUITS BY LAW ENFORCEMENT OFF33''.....

       (b) Department of Justice Report on PursuitAlert.--Not 
     later than 3 years after the date of enactment of this Act, 
     the Attorney General shall--
       (1) evaluate the costs and benefits of the Metropolitan 
     Police Department of the District of Columbia adopting 
     PursuitAlert or another similar technology capable of 
     alerting members of the public to the presence of a police 
     pursuit in their immediate vicinity; and
       (2) publish a report on the evaluation conducted under 
     paragraph (1) and submit the report to--
       (A) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       (B) the Committee on the Judiciary of the Senate;
       (C) the Committee on Oversight and Government Reform of the 
     House of Representatives; and
       (D) the Committee on the Judiciary of the House of 
     Representatives.

  The SPEAKER pro tempore. The bill, as amended, shall be debatable for 
1 hour equally divided and controlled by the chair and ranking minority 
member of the Committee on Oversight and Government Reform or their 
respective designees.
  The gentleman from Kentucky (Mr. Comer) and the gentleman from 
California (Mr. Garcia) each will control 30 minutes.
  The Chair recognizes the gentleman from Kentucky.


                             General Leave

  Mr. COMER. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days to revise and extend their remarks and include 
extraneous material on the measure under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Kentucky?
  There was no objection.
  Mr. COMER. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I am pleased to support H.R. 5143, the District of 
Columbia Policing Protection Act of 2025. This bill repeals subtitle S 
of the Comprehensive Policing and Justice Reform Amendment Act of 2022 
and replaces it with policies empowering police to pursue a suspect 
fleeing in a vehicle.
  The 2022 act imposes burdensome restrictions on police pursuit of 
criminal suspects. This has resulted in less justice for victims of 
crime in Washington, D.C., and more opportunities for criminals, who 
would otherwise be apprehended, to continue harming D.C. and 
surrounding communities.
  This bill replaces subtitle S with policies that allow for vehicular 
pursuit of a suspect fleeing in a motor vehicle if the officer or 
supervisor deems it necessary, the most effective means of 
apprehension, and without unreasonable risk to bystanders.
  I thank Representative Clay Higgins for his leadership on this 
critical local policing reform legislation, and I urge my colleagues to 
support his bill.
  Mr. Speaker, I reserve the balance of my time.
  Mr. GARCIA of California. Mr. Speaker, I yield myself such time as I 
may consume.
  Mr. Speaker, I strongly oppose this bill, which would overrule rules 
implemented by D.C.'s elected leaders on when Metropolitan Police 
officers should pursue a fleeing car.
  Our debate here is a perfect example of why D.C. needs self-rule. We 
should be clear. High-speed chases are deadly. They often end in 
needless deaths, injuries, and devastating property damage.
  Over 3,000 people died in police car chases in the U.S. between 2017 
and 2022. Half of those deaths were innocent bystanders not involved in 
the chase. I will repeat. Half of the people who have died in police 
car chases were innocent bystanders. That should alarm every single one 
of us.
  Across the country, Republican-led States have recognized the dangers 
of high-speed cases. States like Texas, Florida, and Tennessee have all 
implemented tighter standards to limit pursuits of violent criminals or 
imminent threats. They know the risks are too high for people who are 
innocent or could get caught up in one of these car crashes. That is 
the best practice, and D.C. is following the same path.
  But my Republican colleagues want to interfere. They want to lower 
the standards to allow for more chases and more innocent people getting 
hurt.
  I will remind us that this District is dense. Sidewalks oftentimes 
are small. Streets are tight. There are a lot of folks who live here. 
We should not have a one-size-fits-all policy for D.C. We should allow 
the people of D.C. to decide when a car chase is appropriate.
  Congress should not require D.C. police to use tactics that the 
community does not want. D.C. residents should be empowered to decide 
when to authorize their police to use dangerous tactics.
  Under current D.C. law, pursuits are allowed if a fleeing suspect has 
committed a violent crime, for example, or poses an imminent threat to 
public safety and if the pursuit can be done in a way that minimizes 
the risk to innocent people.

                              {time}  1240

  We should not lower these standards, and certainly not with zero 
community input and no consultation with the D.C. Council, Mayor, or 
other folks who are actually trying to manage this city.
  There are many tools, we know, that police officers can use to track 
suspects and make arrests. We should let the Council, the Mayor, and 
the police work together with the D.C. police to balance public safety, 
pedestrian safety, and proportionality. If D.C. residents don't like 
it, they can vote their elected officials out of office.
  Today, Congress is again injecting itself as some sort of super city 
council to write laws for Washington, D.C. As a former mayor of 8 
years, I worked with over 700 amazing men and women of a police 
department who were heroic in the work that they did. I know that, in 
conversations with our chief, our police officers, and our community, 
these decisions are best left to our communities to write the laws of 
when these police chases should actually go into effect.
  While I appreciate the author and my friend, this bill, I believe, is 
unnecessary. It undermines home rule, and it will make D.C. less safe.
  Mr. Speaker, I urge my colleagues to oppose it, and I reserve the 
balance of my time.
  Mr. COMER. Mr. Speaker, I yield 5 minutes to the sponsor of the bill, 
the gentleman from Louisiana (Mr. Higgins).
  Mr. HIGGINS of Louisiana. Mr. Speaker, I thank the chairman of the 
Oversight and Government Reform Committee for recognizing me and 
allowing me to speak in support of H.R. 5143, the District of Columbia 
Policing Protection Act.
  As a matter of background, Mr. Speaker, in January 2023, the D.C. 
Council enacted the Comprehensive Policing and Justice Reform Amendment 
Act of 2022, the CPJRA Act, D.C. Law 24-345, among numerous other 
police-related policy matters, most of which we advised against in the 
Oversight and Government Reform Committee. We met with D.C. officials, 
including in hearings, and we advised against what they intended to do.
  Mr. Speaker, included in those police-related policy matters in the 
act that they, indeed, passed in 2022 was subtitle S of the CPJRA, 
which imposed a host of restrictions on police pursuit of criminal 
suspects.
  In doing so, the D.C. Council essentially made it illegal for police 
to pursue and apprehend criminals if they were fleeing in a vehicle by 
imposing a complex matrix of 14 factors that police officers have to 
consider for whether or not they would pursue a fleeing vehicle.

[[Page H4381]]

  I speak from my own experience as a police officer. I have been, very 
likely, the only one involved in this debate for several years who has 
actually engaged in high-speed chases. I tried to add it up the other 
day, but I probably have engaged in a couple of hundred serious high-
speed pursuits in the course of my career. I worked night shift for a 
long time, 9 years straight, 12-hour shifts. Night shift is when this 
stuff usually happens.
  I am not talking about when someone doesn't stop right away. That is 
not a high-speed pursuit. Having to drive 100 miles an hour to catch up 
with somebody that you are pulling over is not a high-speed pursuit.
  A high-speed pursuit is when they are running. This is something 
where the officer has to make very fast decisions, Mr. Speaker. Yes, we 
consider the totality of circumstances of where we are: Is that a 
suspect vehicle? Does it match a definition of something that has been 
put out through dispatch of a vehicle that we are looking for? Has it 
potentially been involved in a crime that requires police interaction 
in an effort to enforce and address that crime that took place?
  There are a number of factors that a police officer has to figure, 
but it has to be an option that you can pursue that car.
  What D.C. has done, one of the factors, Mr. Speaker, is if anyone in 
the suspect motor vehicle was afforded an opportunity to comply with an 
order to surrender any suspected dangerous weapons.
  What the hell? There is no way a police officer can know that. There 
are too many factors, which basically means D.C. has made it illegal 
for police to pursue a vehicle.
  That is what we are correcting here. We are restoring the discretion 
of the professional law enforcement officer to make a decision in a 
fraction of a second or two based upon his policies and training and 
the totality of circumstances of whether or not he needs to pursue that 
vehicle.
  This is what my bill restores. The legislation repeals subtitle S of 
the Comprehensive Policing and Justice Reform Amendment Act of 2022 and 
replaces it with policies empowering police to make vehicular pursuit 
of a suspect fleeing in a motor vehicle if the officer or supervisor 
deems it necessary, that it is the most effective means of 
apprehension, and if it is without unreasonable risk to bystanders.
  Let me say, in all of my vehicle pursuits, there have been a few 
crashes, but nobody has died. The only crash that I have ever been 
involved in during those pursuits was when I purposefully crashed the 
fleeing vehicle, which was the guy who had committed an armed robbery 
at a local hardware store, had pistol-whipped the manager of that 
store, made it to his car, and fired at officers.
  The SPEAKER pro tempore. The time of the gentleman has expired.
  Mr. COMER. Mr. Speaker, I yield an additional 1 minute to the 
gentleman from Louisiana.
  Mr. HIGGINS of Louisiana. Mr. Speaker, I appreciate the time yielded 
and the indulgence of the chairman. I urge strong support of H.R. 5143. 
It restores legitimate discretion to the police officers who actually 
work the streets of D.C.
  Mr. GARCIA of California. Mr. Speaker, I yield myself such time as I 
may consume.
  Mr. Speaker, I thank the gentleman from Louisiana (Mr. Higgins) also 
for his service in law enforcement. I know that he is trying to help 
and trying to move public safety forward. I know that is his intention, 
but I just want to clarify a few things.

  It has been mentioned that this committee or this bill has somehow 
been heard by a committee. We have not held a hearing on these bills. 
To clarify, our hearing on D.C. is actually tomorrow. There has been no 
coordination with the Mayor or the D.C. Council. They oppose this bill.
  Mr. Speaker, I will clarify. It has been mentioned a few times when 
we have debated this bill that there are somehow 14 criteria that 
officers have to consider before engaging in a pursuit.
  The law is very clear. The suspect must have ``committed or attempted 
to commit a crime of violence, or poses an imminent threat of death or 
serious bodily injury,'' and the pursuit is ``necessary to protect 
another person'' from ``serious bodily injury''; and not likely to 
cause injury to others; and ``all other options have been exhausted or 
do not reasonably lend themselves to the circumstances.'' That is 
actually what the law says.
  I just wanted to note that. I am not sure what those 14 criteria are.
  Mr. Speaker, I yield 7 minutes to the gentlewoman from the District 
of Columbia (Ms. Norton).
  Ms. NORTON. Mr. Speaker, I thank the gentleman for yielding.
  Mr. Speaker, I strongly oppose this undemocratic and paternalistic 
bill, which amends D.C. law. The over 700,000 D.C. residents, the 
majority of whom are Black and Brown, are capable and worthy of 
governing themselves.
  Mr. Speaker, I include in the Record letters opposing this bill from 
D.C. Mayor Muriel Bowser, the entire D.C. Council, and D.C. Attorney 
General Brian Schwalb.
                                               September 10, 2025.
     Hon. James Corner,
     Chairman, House Committee on Oversight and Government Reform, 
         Washington, DC.
     Hon. Robert Garcia,
     Ranking Member, House Committee on Oversight and Government 
         Reform, Washington, DC.
       Dear Chairman Comer and Ranking Member Garcia: As Mayor and 
     Chief Executive Officer of the District of Columbia, I am 
     proud of the work we have accomplished to invest in our 
     people, strengthen our neighborhoods, and drive down crime. 
     Building on this progress, my Administration established the 
     Safe and Beautiful Emergency Operations Center to coordinate 
     public safety and beautification efforts as the presidential 
     emergency declaration ends. This structure ensures that DC 
     will remain proactive--bringing together local and federal 
     partners to sustain momentum on reducing crime and improving 
     quality of life for every resident.
       We have worked collaboratively with this Committee on 
     shared priorities, including public safety, the federal 
     Return to Work, implementing a DC budget Fiscal Year 2025 fix 
     (which is still pending in the House) and revitalizing the 
     RFK campus; but I write now to ask you to reject 13 of the DC 
     bills before you today that encroach on DC's Home Rule:
       Bills like H.R. 5183, the District of Columbia Home Rule 
     Improvement Act, make the District less efficient, 
     competitive, and responsive to the needs of a highly complex 
     unique local government that serves local, county and state 
     functions. Bogging down legislative and executive action only 
     adds costs and uncertainty, making it more difficult to 
     handle the economic headwinds and growth opportunities ahead.
       Bills like H.R. 5214, the District of Columbia Cash Bail 
     Reform Act, make DC less safe. Replacing our very effective 
     pre-trial detention regime, which focuses on charged violent 
     offenses and repeat violent offenders, not just on cash bail. 
     I credit recent changes to our laws related to pre-trial 
     detention for helping to drive down violent crime in the last 
     two years.
       And the bills to abolish the Judicial Nominations 
     Commission and to convert the elected DC Attorney General to 
     a Presidentially appointed legal officer for the District are 
     both less democratic and untenable for District operations. 
     The Judicial Nomination Commission, with seven members 
     appointed by the Mayor, DC Council, President, US District 
     Court for DC, and the DC Bar, works. As recently as last 
     month, President Trump nominated three federal judicial 
     nominees who were selected from the Commission's candidate 
     pool--a process that demonstrates the value of maintaining 
     local input. DC residents also voted to elect an Attorney 
     General who represents the public interest. Changes to these 
     charter agencies would significantly undercut the already 
     thin ties to autonomy that limited home rule provides.
       Finally, I urge you not to up end our three-part education 
     funding SOAR Act. I have long supported the program to expand 
     opportunity for DC students. However, my support has always 
     been contingent on parity among all three education sectors--
     public, private, and charter--and this approach is working. 
     We will not support changes that tip the scales away from 
     this core principle of fairness for DC families. As the 
     fastest improving urban school system, DC has become a model 
     for urban education. We outpace the national average on all 
     tested subject areas. We boast free, full-day Pre-K access 
     serving more than 13,200 young learners--an investment which 
     supports our children and our workforce. DC ranked top of the 
     nation in parental satisfaction regarding school choice. 
     Mayoral control, council oversight, and deep, targeted 
     investments in our students, teachers, and buildings made 
     these remarkable achievements possible.
       I look forward to continuing a productive partnership with 
     the Committee--one that respects the will of DC residents and 
     honors the principles of home rule. Together, we can build on 
     our successes while protecting the autonomy that, as history 
     reflects, has made our city stronger.
           Sincerely,
                                                    Muriel Bowser,
                                                            Mayor.

[[Page H4382]]

     
                                  ____
                          Council of the District of Columbia,

                                Washington, DC, September 8, 2025.
     Hon. James Comer,
     Chair, House Committee on Oversight and Government Reform,
     Washington, DC.
     Hon. Robert Garcia,
     Ranking Member, House Committee on Oversight and Government 
         Reform,
     Washington, DC.
       Dear Chairman Comer and Ranking Member Garcia: The Council 
     of the District of Columbia is aware that the House Committee 
     on Oversight and Government Reform is planning to mark up 
     more than a dozen proposed measures that would severely and 
     negatively impact the operations, public safety, and autonomy 
     of the District of Columbia. We ask that you oppose these 
     measures in full, save one, H.R. 2693, District of Columbia 
     Electronic Transmittal of Legislation Act. While we have not 
     seen the final text of this legislation, the public summary 
     of H.R. 2693 is consistent with the long held request by the 
     District of Columbia to allow the ability to electronically 
     transfer legislative acts to Congress, rather than only 
     allowing physical copies be transferred. The challenge and 
     barriers created by this current requirement were clearly 
     exposed during both the recent COVID pandemic restrictions as 
     well as the Capitol campus restrictions following the January 
     6, 2021 attacks on the Capitol.
       The other 13 measures that have been shared with us would 
     do direct and serious harm to the District of Columbia and we 
     urge you to reject these measures completely. These bills 
     represent an unprecedented attack on the autonomy and home 
     rule of our local government and the more than 700,000 
     Americans that call it home. The breadth of these bills is 
     remarkable, and if passed, would result in an erosion of 
     accountability and public safety for the District of 
     Columbia. They range from eliminating and replacing our 
     elected and accountable Attorney General for the District of 
     Columbia with a President's hand-picked and unaccountable 
     associate requiring no confirmation by the U.S. Senate and no 
     local ties, to a full repeal of multiple local DC laws that 
     have been in place for many years, if not decades, that are 
     tested, proven, and effective components of our public safety 
     infrastructure and ecosystem. The effect of these 
     Congressional repeals would put our legal and Court system 
     into chaos and directly undermine successful tools that focus 
     on serious accountability and effective rehabilitation when a 
     crime occurs. As always, when revisions or amendments to DC 
     laws are necessary, those changes should only take place 
     within our local legislature which has the best capacity to 
     provide effective oversight and accountable actions for the 
     residents of the District of Columbia.
       We respectfully request that all members of the Committee 
     on Oversight and Government Reform, and all members of 
     Congress, reject these harmful measures whether in committee 
     mark up or before the full House of Representatives. Given 
     the breadth of the multiple measures before you, we also 
     request an opportunity to provide a more in-depth discussion 
     of each bill before the Committee's mark-up, especially in 
     light that the Committee will not hold public hearings on 
     these measures.
           Sincerely,
       Chairman Phil Mendelson; Councilmember Anita Bonds, At-
     Large; Councilmember Robert White, Jr., At-Large; 
     Councilmember Brooke Pinto, Ward 2; Councilmember Janeese 
     Lewis George, Ward 4; Councilmember Charles Allen, Ward 6; 
     Councilmember Trayon White, Sr, Ward 8; Councilmember Kenyan 
     McDuffie, At-Large; Councilmember Christina Henderson, At-
     Large; Councilmember Brianne Nadeau, Ward 1; Councilmember 
     Matthew Frumin, Ward 3; Councilmember Zachary Parker, Ward 5; 
     Councilmember Wendell Felder, Ward 7.
                                  ____

         Government of the District of Columbia, Office of the 
           Attorney General,
                                Washington, DC, September 9, 2025.
     Hon. James Comer,
     Chairman, House Committee on Oversight and Government Reform, 
         Washington, DC.
     Hon. Robert Garcia,
     Ranking Member, House Committee on Oversight and Government 
         Reform, Washington, DC.
       Dear Chairman Comer and Ranking Member Garcia: The House 
     Committee on Oversight and Government Reform is scheduled to 
     markup fourteen bills tomorrow related to the operations of 
     the District of Columbia. With the exception of H.R. 2693, 
     the District of Columbia Electronic Transmittal Act, I write 
     in strong opposition to these bills. They address inherently 
     local issues and laws that were passed after careful 
     consideration by the District's elected representatives, who 
     are directly accountable to District residents. Members of 
     this very Committee have long advocated for the principles of 
     federalism on which this nation was founded. They have 
     consistently condemned federal overreach and fought 
     forcefully and convincingly for the uniquely American values 
     of local control, freedom, and self-governance. These 
     principles should apply to the more than 700,000 people who 
     call Washington, DC home, just as they do for your 
     constituents across the country.
       I specifically want to call attention to the significant 
     incursion on local self-governance reflected in two bills, 
     the District of Columbia Attorney General Appointment Reform 
     Act and the District of Columbia Judicial Nominations Reform 
     Act. Both laws would displace the ability of District 
     residents to have a voice in the selection of local leaders 
     who wield significant power over local judicial matters: the 
     judges on our local courts and the Attorney General for the 
     District. The judges on the DC Court of Appeals and DC 
     Superior Court rule on inherently local matters such as 
     criminal prosecutions, landlord-tenant cases, probate 
     proceedings, civil cases, and divorce proceedings, all of 
     which have profoundly important impact on our community. For 
     more than 50 years, the Judicial Nomination Commission (JNC) 
     has successfully allowed DC residents to have a voice in 
     judicial appointments, while also granting the President and 
     Senate a role in confirming our judges. I urge the Committee 
     not to overturn that well-established process.
       The DC Attorney General, as the District's chief law 
     officer, is also responsible for local legal issues, namely, 
     protecting the District and its residents in a wide range of 
     matters, such as enforcing child support laws, handling abuse 
     and neglect proceedings in the child welfare system, 
     enforcing our housing code, and defending District agencies 
     and officers when they are sued. In no other place in the 
     United States are such local issues determined by a federally 
     appointed person with no local accountability. The proposed 
     legislation would be especially undemocratic in light of the 
     fact that, in 2010, an overwhelming majority of District 
     voters (76 percent) exercised their right to amend the 
     District Charter to make the DC Attorney General an 
     independent, elected office, rather than a position appointed 
     by and subordinate to the Mayor. With that vote, District 
     residents clearly expressed their desire that the Attorney 
     General should be independent and accountable to them. The 
     pending bill would displace that choice in favor of 
     installing an Attorney General accountable not to District 
     residents, but to the President. Given that the U.S. Attorney 
     for the District is already appointed by the President, if 
     passed, this bill would concentrate all criminal and civil 
     litigation authority in the President, divesting the District 
     and its residents of any local control over these essential 
     functions.
       No one knows or cares more about keeping DC safe than DC 
     residents who work, live and raise their families here. Our 
     democratically elected officials work closely with local law 
     enforcement, policy experts, and community leadership to pass 
     laws that are in the best interests of all Washingtonians. 
     Substituting the will of DC voters with the whim of federal 
     politicians is undemocratic and un-American.
       I urge you to reject these measures and uphold the values 
     Congress sought to advance more than 50 years ago when it 
     passed the District of Columbia Home Rule Act: that District 
     residents should enjoy the ``powers of local self-
     government'' that all other Americans enjoy. See DC Code 
     Sec. l-201.02.
           Respectfully submitted,
                                                 Brian L. Schwalb,
                    Attorney General for the District of Columbia.

  Ms. NORTON. Mr. Speaker, the D.C. local legislature, the Council, has 
13 members. If D.C. residents do not like how members vote, residents 
can vote them out of office or pass a ballot measure. That is called 
democracy.
  Congress has 535 voting Members. None are elected by D.C. residents. 
If D.C. residents do not like how Members vote on local D.C. matters, 
residents cannot vote them out of office or pass a ballot measure. This 
is the antithesis of democracy.
  The substance of this bill is irrelevant since there is never 
justification for Congress to legislate on local D.C. matters. 
Nevertheless, I will discuss it.

                              {time}  1250

  Vehicular pursuits by police officers are inherently dangerous not 
just for officers and suspects but for bystanders, too, and often there 
are other options to detain a suspect. D.C. permits vehicular pursuits, 
but it imposes limitations on them. According to the International 
Association of Chiefs of Police, vehicular pursuit policies must 
``balance the risks, take all of the factors into consideration, and 
reach a decision that is best suited to their jurisdictions.'' Unlike 
D.C., 2 percent of local police departments prohibit vehicular pursuits 
altogether. The sponsor of this bill, who is from Louisiana, thinks he 
knows better than D.C. how to strike the proper balance in D.C.
  I will read for my Republican colleagues part of the signing 
statement your fellow Republican, President Richard Nixon, issued on 
the D.C. Home Rule Act: ``One of the major goals of this administration 
is to place responsibility for local functions under local control and 
to provide local governments with the authority and resources they need 
to serve their communities effectively. The measure I sign today 
represents a significant step

[[Page H4383]]

in achieving this goal in the city of Washington. It will give the 
people of the District of Columbia the right to elect their own city 
officials and to govern themselves in local affairs. As the Nation 
approaches the 200th anniversary of its founding, it is particularly 
appropriate to assure those persons who live in our Capital City rights 
and privileges which have long been enjoyed by most of their 
countrymen.''
  D.C. residents have all the obligations of American citizenship, 
including paying Federal taxes, serving on juries, and registering with 
the Selective Service, yet Congress denies them full local self-
government and voting representation in Congress. The only solution to 
this undemocratic treatment is to grant D.C. statehood.
  Mr. Speaker, I include in the Record a letter explaining why the D.C. 
statehood bill is constitutional from leading constitutional scholars, 
including Larry Tribe.

                                                     May 22, 2021.
     Re Washington, D.C. Admission Act, H.R. 51 and S. 51 (the 
         ``D.C. Admission Act'').

     Hon. Nancy P. Pelosi,
     Speaker, House of Representatives,
     Washington, DC.
     Hon. Charles E. Schumer,
     Majority Leader, U.S. Senate,
     Washington, DC.
     Hon. Kevin O. McCarthy,
     Minority Leader, U.S. Senate,
     Washington, DC.
     Hon. Mitch McConnell,
     Minority Leader, U.S. Senate,
     Washington, DC.
       Dear Congressional Leaders: As scholars of the United 
     States Constitution, we write to correct claims that the D.C. 
     Admission Act is vulnerable to a constitutional challenge in 
     the courts. For the reasons set forth below, there is no 
     constitutional barrier to the State of Washington, Douglass 
     Commonwealth (the ``Commonwealth'') entering the Union 
     through a congressional joint resolution, pursuant to the 
     Constitution's Admissions Clause, just like the 37 other 
     states that have been admitted since the Constitution was 
     adopted. Furthermore, Congress's exercise of its express 
     constitutional authority to decide to admit a new state is a 
     classic political question, which courts are highly unlikely 
     to interfere with, let alone attempt to bar.
       The D.C. Admission Act. The House passed the Act, as H.R. 
     51, on April 22, 2021, and as of this writing, the 
     substantively identical companion bill (S. 51) is under 
     consideration by the Senate. The Act provides for the 
     issuance of a congressional joint resolution declaring the 
     admittance as a State of most of the territory currently 
     comprising the District of Columbia, while the seat of 
     government (defined as the ``Capital'') will fall outside of 
     the boundaries of the new State and remain under federal 
     jurisdiction. The Act also repeals the provision of federal 
     law that establishes the current mechanism for District 
     residents to participate in presidential elections, pursuant 
     to Congress's authority under the Twenty-Third Amendment; and 
     provides for expedited consideration of the repeal of that 
     Amendment.
       The Admissions Clause grants Congress constitutional 
     authority to admit the Commonwealth into the Union. The 
     starting point for a constitutional analysis of the Act is 
     the Constitution's Admissions Clause (Art. IV, Sect. 3), 
     which provides that ``New States may be admitted by the 
     Congress into this Union.'' The Clause ``vests in Congress 
     the essential and discretionary authority to admit new states 
     into the Union by whatever means it considers appropriate as 
     long as such means are framed within its vested powers.'' 
     Every State admitted into the Union since the Constitution 
     was adopted has been admitted by congressional action 
     pursuant to this Clause; no State has been admitted pursuant 
     to a constitutional amendment.
       The Supreme Court has broadly construed Congress's assigned 
     power to admit new states and has never interfered with 
     Congress's admission of a state, even when potentially 
     legitimate constitutional objections existed. For example, in 
     1863, Congress admitted into the Union West Virginia, which 
     had been part of the State of Virginia, in potential 
     violation of a provision of the Admissions Clause that bars 
     the formation of a new State out of a portion of the 
     territory of another State without the consent of the ceding 
     State. The Supreme Court, however, did not bar West 
     Virginia's admission; to the contrary, it later tacitly 
     approved of it.
       Some critics of the D.C. Admission Act have suggested that 
     Maryland's consent might be required under the foregoing 
     provision of the Admissions Clause. This objection mistakenly 
     presupposes that Maryland retains a reversionary interest in 
     the territory currently composing the District of Columbia, 
     which Maryland ceded to the federal government when the 
     District was established in 1791. In fact, Maryland expressly 
     relinquished all sovereign authority over the territory at 
     issue when the federal government accepted it. The express 
     terms of the cession state that the territory was ``for ever 
     ceded and relinquished to the congress and government of the 
     United States, in full and absolute right, and exclusive 
     jurisdiction . . . .'' As Viet D. Dinh, who served as an 
     Assistant Attorney General during the presidency of George W. 
     Bush, has explained, because Maryland's cession of the 
     territory now constituting the District was full and 
     complete, it severed D.C. residents' now far distant 
     ``political link with'' Maryland. The current District is not 
     part of Maryland, and Maryland has no claim on any portion of 
     the District's territory. There is accordingly no basis to 
     require Maryland's consent for the establishment of the new 
     State.
       The Constitution's District Clause poses no barrier to 
     admitting the Commonwealth into the Union. The Constitution's 
     District Clause grants Congress power to ``exercise exclusive 
     Legislation in all Cases whatsoever, over such District (not 
     exceeding ten Miles square) as may, by Cession of particular 
     States, and the Acceptance of Congress, become the Seat of 
     the Government of the United States.'' Based on this Clause, 
     Congress established the current District of Columbia, which 
     (as explained) was taken from territory ceded by Maryland, as 
     well as Virginia.
       The D.C. Admission Act complies with the District Clause 
     because it provides that the Capital--which is defined in the 
     Act to include (among other things) the White House, the 
     Capitol Building, the United States Supreme Court Building, 
     and the Federal executive, legislative, and judicial office 
     buildings located adjacent to the Mall--will not become part 
     of the new State and will remain under the sovereignty of the 
     federal government.
       Some critics have argued that the District Clause somehow 
     mandates that the District of Columbia permanently retain all 
     of its current territory, and that its size may neither be 
     increased or reduced by Congress. The plain language of the 
     District Clause says no such thing; it does not mandate that 
     the District be any size or shape, except it limits the 
     maximum size of the federal enclave to ten square miles.
       Historical practice confirms that Congress can change the 
     size of the District. In 1791, Congress altered the 
     District's southern boundary to encompass portions of what 
     are now Alexandria, Virginia and Anacostia. Then, in 1846, 
     Congress retroceded Alexandria and its environs back to 
     Virginia. As a result, the territory composing the District 
     was reduced by a third.
       At the time of the 1846 retrocession, the House's Committee 
     on the District of Columbia considered, and rejected, the 
     very argument that critics of the D.C. Admission Act are 
     raising today, reasoning that the ``true construction of [the 
     District Clause] would seem to be solely that Congress retain 
     and exercise exclusive jurisdiction'' over territory 
     comprising the ``seat of government.'' The language of the 
     District Clause, the legislators observed, places no mandate 
     on the size, or even the location, of that seat of 
     government, other than preventing the government from 
     ``hold[ing] more than ten miles for this purpose.'' The 
     House's judgment was correct in 1846, and remains so today.
       The Twenty-Third Amendment does not prevent Congress from 
     granting the Commonwealth statehood. Opponents of statehood 
     have suggested that the Twenty-Third Amendment bars Congress 
     from exercising its constitutionally enumerated authority to 
     grant statehood to the Commonwealth. In fact, the Amendment 
     poses no barrier to the admission of the Commonwealth into 
     the Union through an act of Congress, in accordance with the 
     plain language of the Admissions Clause, just as Congress has 
     done in connection with the admission of several other 
     States, including most recently Alaska and Hawaii.
       Section 1 of the Twenty-Third Amendment, which was ratified 
     in 1961, provides:
       The District constituting the seat of Government of the 
     United States shall appoint in such manner as the Congress 
     may direct: A number of electors of President and Vice 
     President equal to the whole number of Senators and 
     Representatives in Congress to which the District would be 
     entitled if it were a State, but in no event more than the 
     least populous State; they shall be in addition to those 
     appointed by the States, but they shall be considered, for 
     the purposes of the election of President and Vice President, 
     to be electors appointed by a State.
       By its plain terms, the Amendment poses no barrier to 
     Congress's admission of the Commonwealth into the Union. 
     Indeed, it is entirely silent on the matter.
       The only question raised by the existence of the Twenty-
     Third Amendment is a practical, not a constitutional one: How 
     best to address the Twenty-Third Amendment's provision for 
     the assignment of presidential electors to what will become a 
     vestigial seat of government, with virtually no residents? 
     The Act satisfactorily addresses this question by providing 
     for the repeal of the provision of federal law that 
     establishes the current mechanism for District residents to 
     participate in presidential elections, pursuant to Congress's 
     authority under the Twenty-Third Amendment, as well as by 
     commencing the process for repealing the Amendment itself.
       Initially, the Act provides for an expedited process for 
     repeal of the Twenty-Third Amendment, a process that should 
     move forward to ratification swiftly and successfully once 
     the Commonwealth is admitted as a State. None of the other 50 
     States has reason to seek to retain three electors for a 
     largely unoccupied seat of government.
       But the Act also addresses the possibility that the Twenty-
     Third Amendment is not

[[Page H4384]]

     promptly repealed by mandating the immediate repeal of the 
     provision of federal law that provides the current mechanism 
     for District residents to participate in federal elections.
       In 1961, following the adoption of the Twenty-Third 
     Amendment, Congress exercised its enforcement authority by 
     enacting legislation (codified at 3 U.S.C. Sec. 21), 
     providing that the District residents may select presidential 
     electors; the votes of the electors are currently awarded to 
     the ticket prevailing in the District's presidential 
     election.
       The existing statutes fall within the broad authority 
     granted to Congress by the Twenty-Third Amendment to define 
     the terms of, and effectuate, the District's participation in 
     presidential elections. The Amendment allows for the 
     appointment of a number of Electors ``in such manner as the 
     Congress may direct.'' The Amendment also allows Congress to 
     select the number of Electors the District may receive, 
     subject only to a maximum: The District may participate in 
     the presidential Electoral College through the appointment of 
     no more electors than those of the smallest State, i.e., 
     three. And section 2 of the Amendment grants Congress the 
     power to ``enforce'' the provision ``by appropriate 
     legislation,'' as it did in 1961.
       But once Congress acts again, pursuant to its express grant 
     of constitutional authority, and repeals the legislation that 
     creates the existing procedure for District residents to 
     select presidential electors, that will remove the 
     legislative provision providing for the District's 
     participation in presidential elections. Without such a 
     provision, there is no mechanism for identifying the Capital 
     area's electors or allocating their votes.
       Some scholars have questioned whether that approach is 
     satisfactory. They contend that the Twenty-Third Amendment is 
     self-enforcing, and effectively mandates the appointment of 
     electors on behalf of the District of Columbia, regardless of 
     whether such appointment is called for under a federal 
     statute. Some of us disagree; indeed, the very existence of 
     Section 2 of the Amendment makes clear that enabling 
     legislation is required to effectuate the District's 
     participation in the presidential election process. And 
     Congress's 1961 enforcement legislation supports this 
     interpretation.
       Even if this self-enforcement argument were to be accepted, 
     however, Congress could easily address it by replacing the 
     current law mandating that the Capital area's electors vote 
     in accordance with the outcome of the popular vote in the 
     District with a new legislative mandate that the Capital 
     area's electors vote in other ways. For example, Congress 
     could require District electors to vote in favor of the 
     presidential ticket that receives the most Electoral College 
     votes (of the remaining 538 electors). Or, alternatively, 
     Congress could require that District electors vote for the 
     winner of the national popular vote winner.
       A recent Supreme Court decision confirms that a legislative 
     directive to the Capital area's electors would be 
     enforceable. The Twenty-Third Amendment provides that the 
     District ``shall appoint'' electors ``in such manner as 
     Congress may direct''; this language is a direct parallel to 
     the Constitution's grant of broad authority to each of the 
     States to appoint and instruct their respective electors. In 
     its recent decision in Chiafalo v. Washington, the Supreme 
     Court held that electors do not have discretion to decide how 
     to cast their Electoral College votes, but rather are legally 
     bound to follow the instructions given by their respective 
     states.
       As Columbia Law School Professors Jessica Bulman-Pozen and 
     Olatunde Johnson have observed, it follows from the Court's 
     holding in Chiafalo that Congress could legally bind any 
     electors to vote in accordance with the overall vote of the 
     Electoral College or the national popular vote, just as the 
     existing enabling statute currently binds them to vote in the 
     Electoral College in accordance with the outcome of the 
     popular vote in the District.
       In sum, none of the critics' constitutional objections to 
     the D.C. Admission Act are meritorious; and the contention 
     that a constitutional amendment is required to admit the 
     Commonwealth into the Union is incorrect. The D.C. Admission 
     Act calls for a proper exercise of Congress' express 
     authority under the Constitution to admit new states, a power 
     that it has exercised 37 other times since the Constitution 
     was adopted.
       Courts are unlikely to second-guess Congress's exercise of 
     its constitutional authority to admit the Commonwealth into 
     the Union. Apart from the fact that the legal objections to 
     admission of the Commonwealth as a State are without merit, 
     it is also unlikely that the courts will ever consider those 
     objections. As Mr. Dinh has observed, the decision whether to 
     admit a state into the Union is a paradigmatic political 
     question that the Constitution expressly and exclusively 
     assigns to Congress. The Supreme Court has long, and 
     strenuously, avoided adjudicating disputes respecting matters 
     that the Constitution makes the sole responsibility of the 
     coordinate, elected branches.
       The remaining objections to Statehood do not concern 
     applicable constitutional law, but rather matters of policy.
       For example, some have argued that the District should not 
     be admitted to the Union because it is a single city and have 
     instead proposed that most of the District's territory be 
     retrocessioned to Maryland. There is, however, no 
     constitutional barrier to a large, diverse city, with a 
     population comparable to that of several existing States, 
     joining the Union. Furthermore, the Maryland retrocession 
     proposal is subject to many of the same supposed 
     constitutional objections raised by those who object to 
     statehood for the District. For example, retroceding the 
     District to Maryland would decrease the size of the remaining 
     federal enclave, which objectors to District Statehood have 
     claimed is constitutionally impermissible. A forced merger of 
     the District and Maryland would also do nothing to address 
     the purported constitutional objection to leaving the 
     residual seat of government with three potential electors, 
     pursuant to the terms of the Twenty-Third Amendment, prior to 
     the Amendment's repeal.
       Opponents also argue that Congress should not grant the 
     District statehood because it will lead to a lawsuit. But any 
     court challenge will be without merit, and indeed likely will 
     be dismissed as presenting a political question. We 
     respectfully submit that Congress should not avoid exercising 
     its express constitutional authority to admit the 
     Commonwealth into the Union because of meritless threats of 
     litigation.
           Sincerely yours,
       Caroline Fredrickson, Georgetown University Law Center; 
     Erwin Chemerinsky, University of California, Berkeley School 
     of Law; Stephen I. Vladeck, University of Texas Law School; 
     Franita Tolson, University of Southern California, Gould 
     School of Law; Jessica Bulman-Pozen, Columbia Law School; 
     Leah Litman, University of Michigan Law School; Laurence H. 
     Tribe, Harvard Law School; Paul Smith, Georgetown University 
     Law Center; Geoffrey R. Stone, University of Chicago Law 
     School; Peter Edelman, Georgetown University Law Center; 
     Kermit Roosevelt, University of Pennsylvania Carey Law 
     School; Eric Segall, Georgia State College of Law; Trevor 
     Potter, Campaign Legal Center.
       Gregory P. Downs, University of California, Davis; Larry 
     Sabato, University of Virginia; Aziz Huq, University of 
     Chicago Law School; Jennifer Hochschild, Harvard University; 
     Neil S. Siegel, Duke University School of Law; Beau Breslin, 
     Skidmore College; David C. Vladeck, Georgetown University Law 
     Center; Sanford Levinson, University of Texas at Austin 
     School of Law; Ira C. Lupu, George Washington University Law 
     School; Peter M. Shane, Ohio State University Moritz College 
     of Law; Ira P. Robbins, American University Washington 
     College of Law; Michael Greenberger, University of Maryland 
     Francis King Carey School of Law; David Pozen, Columbia Law 
     School.
       Mark Tushnet, Harvard Law School; Michael C. Dorf, Cornell 
     Law School; Miguel Schor, Drake University School of Law; 
     David S. Schwartz, University of Wisconsin Law School; 
     Caroline Mala Corbin, University of Miami School of Law; 
     Jonathan Askin, Brooklyn Law School; Aziz Rana, Cornell Law 
     School; John Mikhail, Georgetown University Law Center; 
     Richard Ford, Stanford Law School; Richard Primus, University 
     of Michigan Law School; Joseph Fishkin, University of Texas 
     Law School; Kate Masur, Northwestern University; Chris 
     Edelson, American University.

  Ms. NORTON. The D.C. statehood bill, H.R. 51, the Washington, D.C. 
Admission Act, grants D.C. residents full local self-government and 
voting representation in Congress. H.R. 51 reduces the size of the 
Federal District from 68 square miles to 2 square miles, consisting of 
the White House, the Capitol, the Supreme Court, The National Mall and 
remaining under the control of Congress.
  The new State consists of the residential and commercial areas of 
D.C. The new State has a larger population than two States, pays more 
Federal taxes per capita than any State, and pays more total Federal 
taxes than 21 States.
  Mr. Speaker, I urge Members to vote ``no'' on the D.C. Policing 
Protection Act, keep their hands off D.C. and free D.C.
  Mr. COMER. Mr. Speaker, I include in the Record a letter from 
Representative Min that clarifies that he meant to vote ``yes'' on H.R. 
5143 in committee.

                                    Congress of the United States,


                                     House of Representatives,

                               Washington, DC, September 15, 2025.
     Chairman James Comer,
     House Committee on Oversight and Government Reform, 
         Washington, DC.
       Dear Chairman Comer: I am writing to respectfully clarify 
     my intent regarding a vote I cast during the House Oversight 
     and Government Reform full committee markup held on September 
     10, 2025. Because of miscommunication during the evening vote 
     series, my recorded vote on H.R. 5143, the District of 
     Columbia Policing Protection Act, does not reflect my 
     intended position.
       For the record, I meant to vote ``Aye'' on the final 
     passage H.R. 5143, which repeals restrictions on the 
     circumstances under which law enforcement officers in the 
     District of Columbia may engage in vehicular pursuits. I ask 
     that this letter be included in the committee's official 
     record to reflect my intent.
       Thank you for your understanding.
           Sincerely,
                                                         Dave Min,
                                               Member of Congress.


[[Page H4385]]


  

  Mr. COMER. Mr. Speaker, I reserve the balance of my time.
  Mr. GARCIA of California. Mr. Speaker, I yield 2 minutes to the 
gentlewoman from New Jersey (Mrs. McIver).
  Mrs. McIVER. Mr. Speaker, I rise today with deep concern for our 
Nation's Capital, also known as chocolate city.
  The four Republican bills on the floor this week are a direct attack 
on the people of this city, particularly the Black and Brown 
communities who have called D.C. home for generations.
  These are residents who have built thriving small businesses, who 
have received an education from the D.C. school system, residents who 
have raised families and who call themselves proud Washingtonians since 
birth.
  This bill, H.R. 5143, would impose the President's twisted vision of 
justice on D.C., overriding the autonomy of this city and hurting the 
people who live here.
  Enabling deadly vehicle pursuits of suspects in the city, as a former 
councilwoman and a council president of the largest city in New Jersey, 
I know firsthand that this is dangerous. That is on top of the other 
bills that we are debating this week that seek to strip D.C. of its 
autonomy, force more juveniles into the justice system, expand the 
President's gross overreach, and make things worse.
  The bills proposed by my Republican colleagues will worsen the 
already rampant injustices we see in the criminal justice system, make 
law enforcement more dangerous, and steal the futures of many of our 
youth.
  These bills all send the same statement to Washingtonians: The 
administration does not believe you have the same right to dignity as 
other parts of this Nation.
  If Congress truly wants to make our Nation's Capital as safe as it 
can be, we would listen to the residents of D.C. and their elected 
leaders who have lived experiences of what this community needs. The 
dog whistles used to justify these bills are not true. The D.C. 
Government has long taken a proactive approach to reducing crime in the 
District and today is experiencing a three-decade low in crime.
  D.C. has done this in part by having a police force that looks like 
the very people it is sworn to protect, lives in the community it 
serves, and caters to the unique needs of D.C. residents.
  The Speaker pro tempore. The time of the gentlewoman has expired.
  Mr. GARCIA of California. Mr. Speaker, I yield an additional 1 minute 
to the gentlewoman from New Jersey.
  Mrs. McIVER. H.R. 5143 discourages basic public safety, pushes lies 
about crime in the Black and Brown communities, and puts everyone in 
harm's way and at risk.
  That is why it is no surprise of who the sponsor is of this very 
dangerous and wicked bill. This bill is dangerous, once again, and a 
complete disaster to this community.
  Mr. Speaker, I urge my colleagues to vote ``no.''
  Mr. COMER. Mr. Speaker, I yield 3 minutes to the gentleman from 
Louisiana (Mr. Higgins).
  Mr. HIGGINS of Louisiana. Mr. Speaker, let me just diplomatically 
address a couple of the accusations here regarding the nature of my 
bill.
  The gentlewoman acknowledged that there is danger involved, yes. Yes, 
enforcing the law is dangerous. This is why the professional law 
enforcement officers across the country, including here in D.C., are 
incredibly well vetted and trained and equipped to make decisions in a 
matter of seconds or less to pursue criminals and to enforce the law.
  It is dangerous work. It is dangerous for the officer. It can result 
in injury or death for the criminal. It can result in injury or death 
for innocent Americans, but let us never forget that the interaction 
was initiated by the criminal. Mr. Speaker, enforcing the law is 
dangerous work.
  What is more dangerous, Mr. Speaker, is failure to enforce the law. 
What is more dangerous for every community, including our Nation's 
Capital, for which this body has a responsibility to stand, is failure 
to give discretion for enforcement of law to the very law enforcement 
professionals that you have trained and equipped and placed on the 
streets. To not allow those professionals to make decisions and enforce 
a law, that is incredibly dangerous.
  My bill stands on the side of the citizenry of D.C. in an effort to 
enforce the law by fully empowering the police officers of D.C. to 
engage criminal conduct and enforce the law.

                              {time}  1300

  Mr. GARCIA of California. Mr. Speaker, I yield 5 minutes to the 
gentleman from Maryland (Mr. Ivey).
  Mr. IVEY. Mr. Speaker, I thank my colleague for yielding, and I rise 
in strong opposition to the gentleman's bill.
  I appreciate my colleague from Louisiana. We have had a chance to 
serve together on committees. I know he has a strong respect for law 
enforcement, so I am not saying his heart is in the wrong place, but I 
am saying this bill is wrong. I say that from personal experience.
  He is right, I was never in an active car pursuit, but I was a 
prosecutor here in Washington, D.C., and for 8 years in Prince George's 
County, which is the eastern border of Washington, D.C., so I have seen 
the results of some of these high-speed chases.
  The bill that is drafted, that he has proposed, actually takes away a 
reasonable balance that was drawn by the people here of the District of 
Columbia, as is their right for a democracy.
  Also, one of the things we need to keep in mind, and my colleague 
addressed this kind of briefly but, frankly, skipped over it, what 
happens when that chase leads to the death of innocent civilians?
  When the gentleman said he had been in 100 car chases, a chill went 
through my body, I have to say, because I have seen the results, the 
deadly consequences of some of these car chases. When you have to go 
talk to that family and tell them why their loved ones died, you don't 
want to have to say that it was over something minor like a stolen car.
  The balance that the city struck was that it should be for an 
imminent violent offense, high-level felony, something like that that 
you really understand why they would have engaged in the pursuit. This 
bill would take that away and expand it open so that you could have 
high-speed chases taking place with respect to misdemeanors.
  This isn't a hypothetical for me. When I was the State's attorney in 
Prince George's County, we actually had one of these. We had several, 
but I will just pick one for purposes of time. A police officer saw a 
stolen motorcycle zip down the beltway and decided to pursue it. 
Stealing a motorcycle is a misdemeanor and speeding is a misdemeanor, 
but he decided to pursue it anyway.
  Mind you, this is during rush hour, so he had to pursue on the border 
of the road, and speeds got up to over 100 miles an hour on the beltway 
in rush hour. Of course, it is hard for a car to catch a motorcycle, 
especially when it can weave in and out of traffic.
  He didn't make the apprehension, but what he did do as he was 
speeding along on the side of the road at 100-plus miles an hour was 
come across debris on the road, and he tried to swerve to avoid it. 
When he did that, the car jumped over the Jersey barrier between the 
two lanes and took him into the opposite lane of oncoming traffic.
  The car jumped over, hit the top of a car coming the opposite 
direction, and killed two men on their way to a concert. They had 
nothing to do with any kind of high-speed chase. They didn't have 
anything to do with any kind of criminal activity. These were people 
who were good folks, actually just visiting in the area--one was from 
Buffalo--who died because of a high-speed chase over a minor 
misdemeanor. That doesn't make any sense. It is not like that only 
happens in Prince George's County.
  Here in Washington, D.C., we had a similar kind of case. It was back 
in 2016. It led up to a deadly chase on East Capitol and Benning Road. 
The chases the gentleman was talking about, maybe those were rural 
areas, but those are high-traffic areas even in the nighttime. 
Sometimes these pursuits take place during the day.
  This led to the death of an innocent man. This was over a stolen car. 
Think about what you would say to that family when you are explaining 
to them that their father, brother, or son lost his life over a stolen 
car.
  Then the other part that influences me--again, I represent Prince 
George's

[[Page H4386]]

County now--but sometimes when they start high-speed chases in D.C., 
they go into Prince George's County, Montgomery County, or Northern 
Virginia, and we lost someone during a high-speed chase on the 
Baltimore-Washington Parkway; another stolen car case.
  When we make these decisions about when a chase is permitted or 
should be permitted or not, we need to keep in mind that there can be 
deadly consequences from when this happens, and it frequently occurs. 
It is not like this is unusual. The Washington Post just did a piece 
about the Park Police. There have been 10 of these instances in recent 
weeks.
  I have a couple last points. One is liability. The Federal Government 
is going to put this burden on the city.
  The SPEAKER pro tempore (Mr. Bost). The time of the gentleman has 
expired.
  Mr. GARCIA of California. Mr. Speaker, I yield an additional 2 
minutes to the gentleman from Maryland.
  Mr. IVEY. When that liability arises from a car chase ending in death 
that didn't make any sense to a jury, the city could be on the hook for 
millions of dollars. I guarantee they are not going to step in and have 
the Federal Government cover that for them. When we think about these 
things, we need to keep all of those things in mind.
  The last point I will make, a variation on the home rule argument. 
D.C. is not a rural jurisdiction. In fact, its roads aren't even as 
straightforward as Manhattan. We have got diagonal roads that cut 
across, we have circles, and we have very dangerous intersections. I 
wish my colleagues knew how tricky it can be out there. A high-speed 
chase in the middle of the District of Columbia, even during the middle 
of the day is almost, by definition, dangerous almost under any 
circumstances, so you better have a really good reason to engage in a 
pursuit like that.
  That is not the balance that is drawn by this bill. That is not the 
balance that was drawn by the people of the District of Columbia. It 
should be the balance, and they should make the call because when the 
deaths happen, my colleagues won't be anywhere to be found.
  Mr. COMER. Mr. Speaker, I reserve the balance of my time.
  Mr. GARCIA of California. Mr. Speaker, I yield myself the balance of 
my time.
  I strongly oppose this bill. D.C.'s elected leaders have set clear, 
commonsense limits on high-speed chases and limits that save lives. I 
just remind folks that States like Texas, Florida, and Tennessee 
recognize the danger and restrict pursuits to violent crimes or 
imminent deaths, and D.C. follows that same practice.
  Mr. Speaker, I yield back the balance of my time.
  Mr. COMER. Mr. Speaker, I urge my colleagues to support this 
commonsense legislation to allow police officers in the District of 
Columbia to pursue and apprehend criminals to keep residents and 
visitors in the District safe. I yield back the balance of my time.
  The SPEAKER pro tempore. Pursuant to House Resolution 707, the 
previous question is ordered on the bill, as amended.
  The question is on the engrossment and third reading of the bill.
  The bill was ordered to be engrossed and read a third time, and was 
read the third time.
  The SPEAKER pro tempore. The question is on passage of the bill.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.
  Mr. GARCIA of California. Mr. Speaker, on that I demand the yeas and 
nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further 
proceedings on this question will be postponed.

                          ____________________