[Congressional Record (Bound Edition), Volume 159 (2013), Part 5]
[House]
[Pages 7151-7154]
[From the U.S. Government Publishing Office, www.gpo.gov]




   REDEFINING THE NATION'S CAPITAL AS A FREE-STANDING FEDERAL AGENCY

  The SPEAKER pro tempore. Under the Speaker's announced policy of 
January 3, 2013, the gentlewoman from the District of Columbia (Ms. 
Norton) is recognized for 60 minutes as the designee of the minority 
leader.
  Ms. NORTON. I thank you, Mr. Speaker.
  I come to the floor to discuss a bill addressed only to my district, 
the District of Columbia, which will come to a hearing next Thursday in 
the Judiciary Subcommittee on the Constitution, chaired by Chairman 
Trent Franks.
  In point of fact, over the last month, there have been two such bills 
introduced in this House, bills that can only fairly be characterized 
as abuse of power. They are both directed against only one 
jurisdiction--my own district.
  H.R. 7 would appear to be a Federal matter. That bill would make 
permanent the Hyde amendment, which annually passes this House every 
year, barring the use of Federal funds for abortion. Wherever you stand 
on abortion, at the very least, that is a Federal matter. In the very 
same bill however is an outrageous abuse. The bill

[[Page 7152]]

seeks to do the same for the District of Columbia, barring permanently 
the use of local funds--funds raised by local taxpayers--for abortions 
for low-income women. Local funds are similarly used for abortions for 
low income districts in districts across the United States because, 
after all, they are local funds. But H.R. 7 redefines the Nation's 
Capital which was given home rule in 1973, as a free-standing 
jurisdiction--instead of a Federal agency for purposes of abortion.
  Imagine having your district defined as a Federal agency so that the 
Congress can make ideological points by overturning local legislation 
at will. Yep, this is still America. That bill is H.R. 946. As to the 
District of Columbia, it's simply an expanded way to interfere with the 
business of a local jurisdiction.
  I must say that I think that H.R. 7 and H.R. 1797 I will discuss 
shortly do point to the bankruptcy of the Republican agenda in the 
113th Congress essentially does what is done anyway every year with 
respect to abortion. It hasn't come to the floor yet.

                              {time}  1350

  It hasn't come to the floor yet, and indeed very few bills have come 
to the floor. Sometimes the House has a rule one day and the bill the 
next day when there was plenty of time on both days because the 
Republican House doesn't have any agenda and it has to stretch out what 
few bills it has to make it look like there's something that the House 
is doing. That's how the House is doing its business.
  Now the House is into my business, however, when it deals with the 
district I represent, a district of 600,000 American citizens who you 
can bet your life are going to demand and always demand to be treated 
as full American citizens because that is exactly who we are. We will 
never accept overriding our rights--our local rights and our 
constitutional rights--in order to satisfy the agenda of this Member of 
Congress or that Member of Congress who is making a point for special 
interest groups or for others.
  The bill that I want to primarily discuss, H.R. 1797, goes beyond the 
usual way in which the Congress--or at least the Republican Congress--
seeks to interfere with the rights of the people of the District of 
Columbia. What they do generally is to take advantage of the fact that 
the district's own local taxpayer-raised funds have to come here 
essentially to be checked off and signed off, and Congress don't ever 
look at the budget. How could they? They don't know anything about a 
local jurisdiction's budget. But they do use the local budget to attach 
their own ideological stripes, and the usual one has to do with 
abortion.
  H.R. 1797 uses the District of Columbia in yet a new way with a new 
abuse because it goes beyond the low-income women for whom the district 
cannot spend its own local funds. Instead, H.R. 1797 goes after every 
woman in the District of Columbia because that bill essentially would 
make all abortions in the District of Columbia after 20 weeks illegal.
  Don't talk about the obvious constitutional issue. I'll get to that 
in a minute.
  H.R. 1797 seeks to regulate pregnancy and abortion--a local matter--
with respect to only one jurisdiction, and it's a matter that usually 
involves a matter of principle. People who are ``pro-life,'' as they 
call themselves, have my respect, but this circumstance is the only 
example where I have seen them try to apply the principle only to one 
jurisdiction, leaving everybody else in the United States exempt from 
the so-called ``principle.'' If abortion should be denied after 20 
weeks, as a matter of principle, then surely that principle should 
apply throughout the United States. There's a reason why it doesn't, 
and I will get to that.
  First, I want to thank Chairman Trent Franks for permitting me the 
courtesy of testifying next Thursday at the hearing of H.R. 1797 that 
affects only my district. He had two bills last year. This bill is a 
redux of the same bill that came to the floor and was defeated last 
year, and he also had another to permanently disallow local funds to be 
used to fund abortions for poor women in the District. On both of those 
bills, I was denied the right and the courtesy of testifying, although 
traditionally granted to Members, even though bills don't usually 
involve only one jurisdiction.
  This bill is of great concern not only to me, but there's going to be 
a press conference next week indicating that the bill is viewed by 
women all over the United States as, of course, a vehicle to eliminate 
the reproductive rights of women across the country. The bill is 
fatally flawed in several obvious ways.
  First, there is discriminatory treatment of the District of Columbia 
to its residents by banning abortions after 20 weeks only in the 
District of Columbia, as I've indicated. If barring abortion is a 
principle, it's a principle that as a matter of principle, would apply 
nationwide. But it's not applied nationwide in H.R. 1797 because the 
District is the one jurisdiction over which Congress has a modicum of 
control. Until the District becomes a State, the Congress can step in. 
But, of course, the Home Rule Act contemplates that in our democracy 
Congress would never step in, unless there was an abuse of Federal 
authority by the District of Columbia. This would be, on the contrary, 
an abuse of Federal power by the Congress of the United States were 
this bill to pass.
  The bill discriminates against the District by picking out the 
District among all the districts in the United States for unequal 
treatment. H.R. 1797 violates unabashedly Roe v. Wade, which allows 
abortion until viability as determined by a physician. Roe and all of 
its cases, all of the precedents that follow it, make it clear that 
viability cannot be determined by statute.
  Roe v. Wade, 40 years ago, guaranteed the right of an abortion as a 
constitutional right. So you can expect that this is a matter that 
would be ultimately challenged. But the reason that the District is the 
vehicle used here is that the special interests obviously want a 
Federal imprimatur and don't have the guts to go get it by bringing a 
bill to the House floor that would apply to everybody. So they choose 
the bullying way, the easy way. You have a Federal imprimatur, if you 
can get the Congress to vote with respect to one jurisdiction because 
the Congress is Federal. Of course, the bill violates the Home Rule Act 
itself because while the Home Rule Act acknowledges the ultimate 
jurisdiction of the Congress, it clearly, in its terms, contemplates 
that the legislative power will go to the Council of the District of 
Columbia. There is no principled reason here to violate the local 
jurisdiction's local authority.
  Here we have gone from the usual attack on low-income women by 
denying the city its authority to spend its own taxpayer-raised funds 
as it sees fit, to an attack on every woman of childbearing age, every 
such family in the District of Columbia.
  The bill goes further. It criminalizes abortion by making a physician 
subject to imprisonment for up to 2 years for abiding by Roe v. Wade 
and engaging in an abortion.
  Then the bill has a truly bizarre section which gives new meaning to 
the word ``extreme.'' It allows any current or former health provider, 
who has ever treated a woman--and it doesn't say when that provider 
might have treated a woman, perhaps as a child, because it has no 
limit--but allows any former health provider to obtain an injunction 
against the abortion. The right to privacy, among others is absent.

                              {time}  1400

  This is a new low in extreme provisions that we have seen in the 
Congress from my Republican colleagues. The very idea of even 
introducing a bill that would deny the constitutional rights of only 
one jurisdiction is an outrage in and of itself. Sure, bills are 
introduced on this floor all the time that are, on their face, 
unconstitutional, but it is bullying to pick out one jurisdiction 
because you don't have the courage to come forward with a national law, 
a national bill. By no means, however, do we believe a national bill is 
appropriate.
  This bill has also been introduced on the other side by Senator Mike 
Lee of

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Utah. Apparently someone asked him if there is a 20-week abortion bill 
in Utah or if Congress might introduce one for Utah. He was quick to 
say, no, they don't have such a bill in Utah, and he would oppose it if 
the Congress tried to enact one that applied to Utah. He would be for 
only if Utah itself enacted the bill. So here we have a Tea Party 
Republican in the Senate who applies his Tea Party principles against 
federal intervention except when it comes to the District of Columbia.
  Anybody who thinks that we're going to stand here and let that happen 
without, in fact, protesting it and rallying Americans who believe in 
fairness do not know us very well. We refuse to be a vehicle for the 
extreme views or pet projects of some Republicans. They have their own 
outlets. They have the right to come to this floor and offer bills. 
They have the right to speak on this floor in any way they choose. We 
will not be a prop for those views.
  The Republicans are the supposedly small government Tea Party party 
who are now using the big foot Federal Government against a single 
jurisdiction that doesn't have a vote on this floor, that could not 
vote for or against H.R. 1797 if it came to this floor. What kind of 
courage is that? It's a bully's path to making ideological points. If 
you have an ideological point, make it; don't use my district to do so.
  The extreme right-wing of the Republican Party doesn't even want the 
Federal Government in what the Federal Government has always done, but 
now they've got the Federal Government in something that even they say 
the Federal Government should never be doing--interfering with the 
local rights of people to govern themselves locally.
  This is a country in which there are wide differences on many 
subjects, perhaps none more so than the right to reproductive choice, 
but it is also a country that respects one another in the various 
States and localities where we live and do not try to reach over and 
somehow compel people in one jurisdiction to do as people in another 
jurisdiction do. That's the difference between this country, a Federal 
republic, and other countries, and it is a principle we mean to hold 
this Congress to.
  There is the claim that, well, the District doesn't do enough 
restricting of abortion, so that's why we simply have to step in here. 
On the contrary, there are nine States that do not restrict abortions 
any more than the District does, and the District abides by Roe v. 
Wade. Yet this bill is directed against only one jurisdiction. Of 
course I take exception to the bill itself, but I take particular 
exception against being bullied by people outside my jurisdiction in 
order to satisfy their own personal philosophical concerns.
  I can tell you this much: the notion that you can use the District 
and abuse its women on reproductive choice and nobody else will care 
should have been put to rest last year. The kickoff of the Republican 
attack on reproductive rights was, in fact, this bill which went to the 
floor and failed, but Republicans didn't stop there. Going back to 
abortion was not enough. They went all the way back to contraception 
and, amazingly, made contraception a campaign issue in the last 
election. Well, I hope they have learned their lesson, because women 
put all of this together and showed what they thought about it in the 
Presidential election.
  I am very grateful to women all over the country for how they 
responded specifically to this very bill, this 20-week abortion bill 
that applied only to the District of Columbia. They were not fooled for 
a moment. Women across the United States wrote thousands of emails and 
letters indicating that they understood this bill, the very same bill 
that was defeated last year, to be a vehicle for inroads into the 
reproductive rights of women across the United States. Far from 
ignoring it because, after all, it was only 600,000 D.C. residents. The 
women may live in California or Wyoming--we saw them writing from their 
States in large numbers, making it clear that they saw it for what it 
was, that special interest groups were going from State to State to 
pass anti-choice bills. They begin at personhood where there is 
absolutely no right to abortion or contraception because, in their 
view, life begins at conception. And then some have 6-week bills and 
there are other 20-week bills. They are all over the map. And by the 
way, they are quite divided because they are all over the map.
  They have settled on 20-week abortion, however, for H.R. 1797, and we 
mean to do for this bill what we did last year--to turn it back, to 
make women all over the country understand it for what it is, just as 
they did last year, to see that the only way to resist these attacks is 
to be as persistent as our opponents are in coming back to attack women 
using the women of the District of Columbia.
  The women of my district are the chosen vehicle, but the targets are 
a national campaign against the reproductive rights of women in the 
Nation. They can't come to the floor, or they won't, with a broadside 
attack on the reproductive rights of women. So they do the cowardly 
thing and come against the District of Columbia because of the 
technical jurisdiction that, of course I can see the Congress has, but 
no principled Congress would ever use its federal power against a local 
jurisdiction.

                              {time}  1410

  Therefore I come to the floor this afternoon to put all on notice 
that you can come as many times as you want and as many ways as you 
want, but I represent 600,000 taxpaying Americans, and they insist that 
they are equal to Americans everywhere else.
  For 100 years they did not have any rights. They didn't have the 
right to vote for President. They didn't have the right for a local 
government. For 100 years they were ruled by three commissioners 
appointed by the President.
  During the civil rights era, the Congress became ashamed of having a 
local jurisdiction that was its Nation's Capital, that did not have the 
same rights as other people in the United States, not even a local 
government, a mayor or a city council who could enact legislation 
affecting the local population, although this population had been 
paying Federal income taxes ever since our country has been collecting 
income taxes. And our residents have fought and died in every war our 
country has ever fought, including the war that created the United 
States of America.
  American citizens in a jurisdiction as old and historic as the 
Nation's Capital is, will not have our citizenship rights taken away 
lightly, and we will not be used and abused by Members of this 
Congress, whatever their party.
  Our Union is not perfect, but it strives to be. It can become perfect 
only when it hears about its imperfections. There is no imperfection 
greater than having Members of Congress focus on one jurisdiction that 
does not have the same ability to defend itself as every other 
jurisdiction.
  It is hard enough to see Members of Congress come down and vote on 
the District's local appropriation, which they had nothing to do with 
collecting, but which is still a part of what is allowed in the 
Congress. But it is disgraceful to see one issue picked out and one 
jurisdiction alone targeted.
  If you feel strongly about your issue, step up and air your issue in 
the way this House allows. And I ask that whatever the Congress does, 
that it ask itself when it deals with the District of Columbia, is the 
action consistent with the principles that you profess on this floor 
time and again?
  I ask reconsideration of any such attempts in the future. There is no 
possible way that any self-respecting jurisdiction would accept 
discriminatory treatment.
  And so, Mr. Speaker, I put the Congress on notice, we will never--we 
do not accept the discriminatory treatment in the Franks bill, H.R. 
1797 or in the bill that I discussed previously, H.R. 7, to bar 
abortions in Federal legislation permanently, which somehow tucks the 
District into a bill on federal funds.
  We do not accept and never will accept second-class treatment by the 
Congress of the United States. We will always protest it, and we will 
always find a way to find the solid ground that American citizens must 
stand on to protect their rights.
  I yield back the balance of my time.

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