Norton Believes Anti-Home-Rule Provision in Judiciary Committee Bill Can Be Removed
Norton Believes Anti-Home-Rule Provision in Judiciary Committee Bill Can Be Removed
December 1, 2011
WASHINGTON, DC – In a tactical move, Congresswoman Eleanor Holmes Norton (D-DC) worked today with Subcommittee on Crime, Terrorism, and Homeland Security Ranking Member Robert "Bobby" Scott (D-VA) during a House Judiciary Committee markup to offer and then withdraw an amendment that would have removed an anti-home-rule provision in the Clean Up Government Act of 2011 (H.R. 2572), in order to strengthen chances for its eventual removal from the final bill. She will continue working with House Judiciary Committee Democrats, Senate Judiciary Committee Chairman Patrick Leahy (D-VT), and the Department of Justice (DOJ) to remove a provision from H.R. 2572 and the Senate companion bill, the Public Corruption Prosecution Improvements Act (S. 401), that would make a federal embezzlement and theft statute (18 U.S.C. § 641) also applicable to only one local jurisdiction, the District of Columbia. The provision would make it a federal crime to steal the money or property of the District of Columbia, but not of any other state or local government.
"The Department of Justice, the House, and the Senate were operating from prior language involving a minor part of a major bill, where the overall focus was not on the District," Norton said. "I am optimistic that we should be able to eliminate this redundant, anti-home-rule provision before the bill becomes law." Norton particularly thanked Scott for offering the amendment to strike the provision, and for withdrawing it after the bill's lead sponsor, Representative James Sensenbrenner, Jr. (R-WI), objected to it. Sensenbrenner argued that the District receives large amounts of federal funds and therefore needs to be treated differently than other state and local governments. In reality, D.C. only receives about $150 million in unique federal payments, which make up less than 2% of D.C.'s budget, and otherwise does not receive more federal funds than other U.S. jurisdictions. Moreover, the provision would make theft of District of Columbia money or property, not federal money or property, a new federal crime. Sensenbrenner also said that the federal sentencing guidelines are tougher than those in D.C. But, in fact, under the 1997 National Capital Revitalization and Self-Government Improvement Act, the District created its own sentencing guidelines, working with the Department of Justice and the Superior Court of the District of Columbia, and those guidelines were approved by the DOJ.
Norton said she appreciated the work of Scott, who explained to the committee that the provision is redundant to existing federal and District of Columbia law, and that it violates the District's right to self-government. Scott said he would continue to work with Norton, Republicans on the committee and with his Senate colleagues to remove the provision. Norton also thanked Representative Jerrold Nadler (D-NY) for his strong defense of the District's right to home rule during the markup. Norton has contacted Senator Leahy, who has committed to continue to work with her on the provision. After discussions with Norton yesterday, the DOJ contacted the House Judiciary Committee to clarify that it does not oppose the removal of the provision in the bill, which is a carryover from a bill of from a past administration.