[House Report 119-316]
[From the U.S. Government Publishing Office]
119th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 119-316
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DISTRICT OF COLUMBIA ATTORNEY GENERAL
APPOINTMENT REFORM ACT OF 2025
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September 30, 2025.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
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Mr. Comer, from the Committee on Oversight and Government Reform,
submitted the following
R E P O R T
together with
MINORITY VIEWS
[To accompany H.R. 5179]
The Committee on Oversight and Government Reform, to whom
was referred the bill (H.R. 5179) to amend the District of
Columbia Home Rule Act to provide for the appointment of the
Attorney General for the District of Columbia by the President,
and for other purpose, having considered the same, reports
favorably thereon with an amendment and recommends that the
bill as amended do pass.
CONTENTS
Page
Summary and Purpose of Legislation............................... 2
Background and Need for Legislation.............................. 2
Section-by-Section Analysis...................................... 3
Legislative History.............................................. 3
Committee Consideration.......................................... 3
Roll Call Votes.................................................. 3
Explanation of Amendments........................................ 5
List of Related Committee Hearings............................... 5
Statement of Oversight Findings and Recommendations of the
Committee...................................................... 5
Statement of General Performance Goals and Objectives............ 5
Application of Law to the Legislative Branch..................... 5
Duplication of Federal Programs.................................. 6
Federal Advisory Committee Act Statement......................... 6
Unfunded Mandates Reform Act Statement........................... 6
Earmark Identification........................................... 6
Committee Cost Estimate.......................................... 6
New Budget Authority and Congressional Budget Office Cost
Estimate....................................................... 6
Changes in Existing Law Made by the Bill, as Reported............ 6
Minority Views................................................... 9
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``District of Columbia Attorney General
Appointment Reform Act of 2025''.
SEC. 2. APPOINTMENT OF ATTORNEY GENERAL FOR DISTRICT OF COLUMBIA BY
PRESIDENT.
(a) Appointment.--Part C-i of title IV of the District of Columbia
Home Rule Act (sec. 1-204.35, D.C. Official Code) is amended to read as
follows:
``PART C-i--ATTORNEY GENERAL
``SEC. 435. ATTORNEY GENERAL FOR THE DISTRICT OF COLUMBIA.
``(a) Appointment.--The Attorney General for the District of Columbia
shall be appointed by the President.
``(b) Service.--The Attorney General for the District of Columbia
shall serve at the pleasure of the President, and the appointment of
the Attorney General for the District of Columbia does not require the
advice and consent of the Senate.
``(c) Term.--The term of office of the Attorney General for the
District of Columbia shall coincide with the term of office of the
President.
``(d) Rule of Construction Regarding Treatment of Employees.--Nothing
in this section shall be construed to treat an employee of the Office
of the Attorney General for the District of Columbia who is appointed
by the Attorney General for the District of Columbia as a Federal
employee for any purpose except as may be specified in law.''.
(b) Termination of Service of Current Attorney General.--The term of
service of the individual serving as the Attorney General for the
District of Columbia on the day before the date of the enactment of
this Act shall terminate on the date of the enactment of this Act.
Summary and Purpose of Legislation
H.R. 5179 reforms the way the District of Columbia's
Attorney General is selected by making the D.C. Attorney
General a Presidentially appointed position rather than an
elected one. The new appointment process does not include
Senate confirmation. The current D.C. Attorney General's
appointment shall terminate on the date of enactment.
Background and Need for Legislation
The Attorney General (AG) is elected on a partisan basis to
a 4-year term, coinciding with the term of the office of the
D.C. Mayor.\1\ The current D.C. AG, Brian Schwalb, assumed
office in January 2023, and his current term ends on January 2,
2027.\2\ The D.C. AG is charged with prosecuting juvenile crime
in the District of Columbia, which continues to rise. The AG
and D.C. Council's soft-on-crime policies have created an
environment for truancy, chronic absenteeism, and violent crime
to flourish. AG Schwalb has exhibited a concerning attitude
towards juvenile crime having endorsed in 2013 the D.C.'s
leniency on young adults.\3\ Mayor Muriel Bowser and AG Schwalb
have been unable to come to a consensus on how to best move
forward with tackling the juvenile crime crisis in the
District.\4\ The District should have a unified approach to
tackling crime. The D.C. Attorney general should be appointed
by the President in order to ensure appropriate executive
accountability over crime in the District.
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\1\D.C. Code Sec. 1-204.35.
\2\Brian Schwalb, Ballotpedia (last visited Aug. 6, 2025),
available at https://ballotpedia.org/Brian_Schwalb.
\3\The Top 3, supra note 11, at 0:44.
\4\Flynn, supra note 12.
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Section-by-Section Analysis
Section 1. Short title
The short title is the ``District of Columbia Attorney
General Appointment Reform Act.''
Section 2: Appointment of Attorney General for District of Columbia by
President
Subsection (a) (Appointment) replaces the existing section
of the D.C. Code related to the election of the Attorney
General with a new section 435 (Attorney General for the
District of Columbia.) stipulating the appointment of the
position by the President of the United States. Stipulates that
the Attorney General serves at the pleasure of the President,
that the appointment does not requires the advice and consent
of the U.S. Senate, and that the Attorney General's term
coincides with that of the President.
Subsection (b) (Termination of Service of Current Attorney
General) provides for the termination of the current Attorney
General on the date of enactment.
Legislative History
H.R. 5179, the District of Columbia Attorney General
Appointment Reform Act of 2025, was introduced on September 8,
by Representative Pat Fallon (R-TX). The following
Representative is a cosponsor of the bill: Clay Higgins (R-LA).
The bill was referred to the Committee on Oversight and
Government Reform. The Committee considered H.R. 5179 at a
business meeting on September 10, 2025, and ordered the bill as
amended favorably reported by a recorded vote.
Committee Consideration
On September 10, 2025, the Committee met in open session
and ordered the bill, H.R. 5179, favorably reported with an
amendment in the nature of a substitute, by a roll call vote of
25-20, a quorum being present.
Roll Call Votes
In compliance with clause 3(b) of rule XIII of the Rules of
the House of Representatives, the following roll call vote
occurred during the Committee's consideration of H.R. 5179:
The roll call vote was on favorably reporting H.R. 5179.
The bill was agreed to in a recorded vote of 25-20.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Explanation of Amendments
During Committee consideration of the bill, Representative
James Comer (R-KY), Chairman of the Committee, offered an
amendment in the nature of a substitute that made a certain
technical change to the bill. The amendment in the nature of a
substitute passed by voice vote.
List of Related Committee Hearings
In accordance with House rule XIII, clause 3(c)(6), (1) The
following hearing was used to develop or consider H.R. 5179:
On March 11, 2025, the Committee on Oversight and
Government Reform subcommittee on Federal Law Enforcement held
a legislative hearing titled ``Enhancing Federal, State, and
Local Coordination in the Fight Against Criminal Illegal
Aliens'' with Joseph Humire, Executive Director, The Center for
a Secure Free Society; the Honorable Bob Gaultieri, Sheriff,
Pinellas County, Florida; and Kerry E. Doyle, Former Principal
Legal Advisor, U.S. Immigration and Customs Enforcement.
(2) The following related hearing was held:
On March 11, 2025, the Committee on Oversight and
Government Reform subcommittee on Federal Law Enforcement held
a legislative hearing titled ``Enhancing Federal, State, and
Local Coordination in the Fight Against Criminal Illegal
Aliens'' with Joseph Humire, Executive Director, The Center for
a Secure Free Society; the Honorable Bob Gaultieri, Sheriff,
Pinellas County, Florida; and Kerry E. Doyle, Former Principal
Legal Advisor, U.S. Immigration and Customs Enforcement.
Statement of Oversight Findings and Recommendations of
the Committee
In compliance with clause 3(c)(1) of rule XIII and clause
(2)(b)(1) of rule X of the Rules of the House of
Representatives, the Committee's oversight findings and
recommendations are reflected in the Background and Need for
Legislation section above.
Statement of General Performance Goals and Objectives
In accordance with clause 3(c)(4) of rule XIII of the Rules
of the House of Representatives, the Committee's performance
goals or objectives of this bill are to amend the District of
Columbia Home Rule Act to provide for the appointment of the
Attorney General for the District of Columbia by the President,
and for other purposes.
Application of Law to the Legislative Branch
Section 102(b)(3) of Public Law 104-1 requires a
description of the application of this bill to the legislative
branch where the bill relates to the terms and conditions of
employment or access to public services and accommodations.
This bill does not relate to employment or access to public
services and accommodations in the legislative branch.
Duplication of Federal Programs
In accordance with clause 3(c)(5) of rule XIII no provision
of this bill establishes or reauthorizes a program of the
Federal Government known to be duplicative of another Federal
program, a program that was included in any report from the
Government Accountability Office to Congress pursuant to
section 21 of Public Law 111-139, or a program related to a
program identified in the most recent Catalog of Federal
Domestic Assistance.
Federal Advisory Committee Act Statement
Pursuant to section 5(b) of Public Law 92-463 (5 U.S.C.
1004(b)), the Federal Advisory Committee Act, the Committee
finds that this Committee Print does not direct the
establishment of an advisory committee.
Unfunded Mandates Reform Act Statement
Pursuant to section 423 of the Congressional Budget Act of
1974 the Committee has included a letter received from the
Congressional Budget Office below.
Earmark Identification
This bill does not include any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9 of rule XXI of the House of Representatives.
Committee Cost Estimate
Pursuant to clause 3(d) of rule XIII of the Rules of the
House of Representatives, the Committee includes below a cost
estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974.
New Budget Authority and Congressional Budget Office
Cost Estimate
Pursuant to clause 3(d)(1) of House rule XIII, the
Committee adopts as its own the cost estimate prepared by the
Director of the Congressional Budget Office pursuant to section
402 of the Congressional Budget Act of 1974.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, and existing law in which no
change is proposed is shown in roman):
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets and new
matter is printed in italics):
PART C-I OF TITLE IV OF THE DISTRICT OF COLUMBIA
HOME RULE ACT
* * * * * * *
[PART C-i--The Attorney General
[Sec. 435. (a) The Attorney General for the District of
Columbia shall be elected on a partisan basis by the registered
qualified electors of the District. Nothing in this section
shall prevent a candidate for the position of Attorney General
from belonging to a political party.
[(b)(1) If a vacancy in the position of Attorney General
occurs as a consequence of resignation, permanent disability,
death, or other reason, the Board of Elections shall hold a
special election in the District on the Tuesday occurring at
least 70 days and not more than 174 days after the date on
which such vacancy occurs which the Board of Elections
determines, based on a totality of the circumstances, taking
into account, inter alia, cultural and religious holidays and
the administrability of the election, will provide the
opportunity for the greatest level of voter participation. The
person elected Attorney General to fill a vacancy in the Office
of the Attorney General shall take office on the day in which
the Board of Elections and Ethics certifies his or her
election, and shall serve as Attorney General only for the
remainder of the term during which the vacancy occurred unless
reelected.
[(2) When the position of Attorney General becomes vacant,
the Chief Deputy Attorney General shall become the Acting
Attorney General and shall serve from the date the vacancy
occurs until the date on which the Board of Elections and
Ethics certifies the election of the new Attorney General at
which time he or she shall again become the Chief Deputy
Attorney General. While the Chief Deputy Attorney General is
Acting Attorney General, he or she shall receive the
compensation regularly paid the Attorney General, and shall
receive no compensation as Chief Deputy Attorney General.
[(c) The term of office for the Attorney General shall be 4
years and shall begin on noon on January 2nd of the year
following his or her election. The term of office of the
Attorney General shall coincide with the term of office of the
Mayor.
[(d) Any candidate for the position of Attorney General shall
meet the qualifications of section 103 of the Attorney General
for the District of Columbia Clarification and Elected Term
Amendment Act of 2010, passed on 2nd reading on February 2,
2010 (Enrolled version of Bill 18-65), prior to the day on
which the election for the Attorney General is to be held.
[(e) The first election for the position of Attorney General
shall be after January 1, 2014.]
PART C-i--ATTORNEY GENERAL
SEC. 435. ATTORNEY GENERAL FOR THE DISTRICT OF COLUMBIA.
(a) Appointment.--The Attorney General for the District of
Columbia shall be appointed by the President.
(b) Service.--The Attorney General for the District of
Columbia shall serve at the pleasure of the President, and the
appointment of the Attorney General for the District of
Columbia does not require the advice and consent of the Senate.
(c) Term.--The term of office of the Attorney General for the
District of Columbia shall coincide with the term of office of
the President.
(d) Rule of Construction Regarding Treatment of Employees.--
Nothing in this section shall be construed to treat an employee
of the Office of the Attorney General for the District of
Columbia who is appointed by the Attorney General for the
District of Columbia as a Federal employee for any purpose
except as may be specified in law.
MINORITY VIEWS
The Minority strongly opposes this bill, which is an
unprecedented attack on D.C. voters' right to self-governance
and self-determination.
This bill would strip from the more than 700,000 D.C.
residents the ability to elect their own attorney general (AG)
and hand that power to the President without even requiring the
Senate's consent. This is an authoritarian overreach disguised
as legislation.
With a President's hand-picked D.C. AG, the president would
be in charge of what crimes the office prosecutes in D.C.
No other state or U.S. territory's AG operates in this way.
An overwhelming majority of states elect their AGs because the
jurisdiction's voters choose who best represents their
interests in a court of law. Even in the seven states where the
AG is appointed, they are still chosen by that state's governor
or legislature--officials that answer directly to their
constituents. This bill would treat D.C. residents and local
officials as second-class citizens of the United States.
This bill would immediately terminate the duly elected AG
who was chosen by D.C.'s voters just three years ago. The AG
would be replaced with the President's favorites and biggest
supporters, politicizing the role.
This bill also eliminates Senate confirmation from this
appointment, removing even Congress's check on executive
branch. This means that Congress's oversight role of executive
branch decision-making would be eliminated for this position.
With backing from Congressional Republicans, President
Trump has tried to exert control over D.C.'s local police
department and immigration policy. Now they're trying to take
control of D.C.'s chief legal officer.
As D.C. AG Brian Schwalb stated, this bill would
concentrate all criminal and civil litigation authority in the
President, stripping the District and its residents of any
local control over these essential functions.''\1\
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\1\Letter from Attorney General Brian Schwalb, Government of the
District of Columbia Office of the Attorney General, to Chairman James
Comer, Committee on Oversight and Government Reform, and Ranking Member
Robert Garcia, Committee on Oversight and Government Reform (Sept. 9,
2025).
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If enacted, this would set a dangerous precedent for
America.
Robert Garcia,
Ranking Member.
[all]