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Norton Releases Rules Committee Testimony Against Bill to Repeal D.C. Budget Autonomy Referendum Ahead of Hearing, Tomorrow

May 23, 2016

WASHINGTON, D.C.—Congresswoman Eleanor Holmes Norton (D-DC) will testify against a bill to repeal a referendum ratified overwhelmingly by District of Columbia voters in 2013 that granted the District budget autonomy at a House Rules Committee hearing scheduled for Tuesday, May 24, 2016, at 3:00 p.m., in H-313 (U.S. Capitol). Norton will file an amendment to give D.C. budget autonomy by an act of Congress, and ask the committee to make it in order so that she can offer it when the bill goes to the floor. The Rules Committee is the final stage before a bill goes to the House floor for a final vote. The repeal bill is expected to be on the House floor on Wednesday.

In her prepared testimony, Norton said, “The Budget Autonomy Act is in effect. Therefore, this bill would be the most significant reduction in the District’s home rule since it was authorized in 1973. Pursuant to a court order, the District has already begun to pass its local budget following the procedures of the Budget Autonomy Act….Until this Congress, there had been bipartisan support for budget autonomy. The last two Republican chairmen of the Committee on Oversight and Government Reform, which exercises jurisdiction over D.C., Tom Davis and Darrell Issa, fought for budget autonomy. As former Congressman Davis said recently: ‘The benefits of budget autonomy for the District are numerous, real, and much needed. There is no drawback.’ Budget autonomy means lower borrowing costs; more accurate financial projections; improved operations; and the District government will not shut down during a federal government shutdown.”

Norton’s testimony, as prepared for delivery, follows.

Testimony of Congresswoman Eleanor Holmes Norton
Committee on Rules
H.R. 5233, the Clarifying Congressional Intent in Providing for DC Home Rule Act of 2016
May 24, 2016

Mr. Chairman, today, I am speaking for Committee on Oversight and Government Reform Democrats as well as for myself in strong opposition to H.R. 5233, which would repeal the District of Columbia’s Local Budget Autonomy Amendment Act of 2012 (Budget Autonomy Act), which was ratified by 83 percent of D.C. voters, and would prohibit the city from passing such legislation in the future. I have an amendment before the committee.

The Budget Autonomy Act is in effect. Therefore, this bill would be the most significant reduction in the District’s home rule since it was authorized in 1973. Pursuant to a court order, the District has already begun to pass its local budget following the procedures of the Budget Autonomy Act. Reasonable lawyers and judges have differed about the validity of the Budget Autonomy Act, but what is not in dispute is that the Budget Autonomy Act is now the law. The D.C. Superior Court upheld the Budget Autonomy Act, no appeal was filed, and there is no other court opinion in effect. It is noteworthy that the U.S. Court of Appeals for the D.C. Circuit earlier reviewed the case and heard oral arguments, but instead of issuing an opinion on the merits, it vacated the federal district court decision and remanded the case to the Superior Court, which then ordered the District to implement the Budget Autonomy Act.

It is difficult to understand congressional opposition to budget autonomy. Budget autonomy is not statehood. The Budget Autonomy Act has no effect on current congressional authority over the District. The local D.C. budget as passed pursuant to the Budget Autonomy Act will be transmitted to Congress for a review period before it would take effect, like all other D.C. legislation. Moreover, under the U.S. Constitution, Congress continues to have total legislative authority over the District. Congress can legislate on any District matter at any time. Congress also can delegate any or all of its legislative authority over the District, and it can take back any delegated authority at any time. In 1973, under the Home Rule Act, Congress delegated most (but not all) of its legislative authority over the District to an elected local government. Congress can delegate more or less authority than provided in the Home Rule Act, and it can repeal any law at any time.

Until this Congress, there had been bipartisan support for budget autonomy. The last two Republican chairmen of the Committee on Oversight and Government Reform, which exercises jurisdiction over D.C., Tom Davis and Darrell Issa, fought for budget autonomy. As former Congressman Davis said recently: “The benefits of budget autonomy for the District are numerous, real, and much needed. There is no drawback.” Budget autonomy means lower borrowing costs; more accurate financial projections; improved operations; and the District government will not shut down during a federal government shutdown.

I urge you to make my amendment in order. The amendment calls the question on whether Members oppose budget autonomy because the District initiated it or actually support federal passage of a local budget. The amendment makes the text of the Budget Autonomy Act federal law. Under my amendment, it is irrelevant whether Members believe the Budget Autonomy Act is valid because Congress itself would grant budget autonomy.

Control over the dollars raised by local taxpayers is much-cited as principle by congressional Republicans, and is central to the American form of government. The exalted status of local control for Republicans was announced again in the budget released by the House Budget Committee, which made the principled and practical case for budget autonomy: We “give our states and local municipalities the freedom and flexibility to pursue a reform movement that meets the unique needs and challenges of their communities. We are humble enough to admit that the federal government does not have all the answers.”