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Norton Introduces Bill to Give D.C. Legislative Autonomy

January 26, 2011

Norton Introduces Bill to Give D.C. Legislative Autonomy

WASHINGTON, DC -- Congresswoman Eleanor Holmes Norton (D-DC) today introduced the District of Columbia Legislative Autonomy Act of 2011, the fifth bill in her Free and Equal D.C. series. The bill would eliminate the congressional review period for civil and criminal legislation passed by D.C. City Council.

Norton said the bill is necessary because the congressional review period is limited only to those days when Congress is in session, often delaying D.C. bills from becoming law, and forcing the D.C. Council to pass most legislation several times over, using a cumbersome and complicated process to keep bills alive. Norton said that the legislative review period is wasteful make-work for both Congress and D.C. because instead of using the formal disapproval process or layover period to overturn D.C. legislation, Congress always uses attachments to the D.C. appropriations bill. "It is particularly unfair to require the D.C. Council to engage in a phantom process that Congress has itself discarded," she said. Allowing D.C. bills to become law also would benefit the city's bond rating, which is affected by the shadow of congressional review and delays in the finality if District legislation.

Earlier this month, the Congresswoman introduced the first four bills in her Free and Equal D.C. series, the New Columbia Admission Act (providing for statehood), the District of Columbia Equal Representation Act (authorizing Senate and House seats), and the District of Columbia House Voting Rights Act (giving the city a House vote), as well as the District of Columbia Budget Autonomy Act of 2011 to allow D.C.'s budget to immediately take effect, without congressional approval.

Norton's full introduction statement follows.

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Statement of Congresswoman Eleanor Holmes Norton on the Introduction of the District of Columbia Legislative Autonomy Act of 2011

Ms. Norton. Mr. Speaker. Today, I introduce the District of Columbia Legislative Autonomy Act of 2011, to end the unnecessary and redundant congressional review of District of Columbia legislation. This bill would eliminate the congressional review period for civil (30 legislative days) and criminal (60 legislative days) legislation passed by the District of Columbia. Under the District of Columbia Home Rule Act, if a congressional resolution disproving a D.C. bill is signed into law during the congressional review period, that bill does not become law. The congressional review period, which is limited only to those days when Congress is in session, delays D.C. bills from becoming law, often for many months. The delays force the D.C. Council to pass most bills several times, using a cumbersome and complicated process in which bills are passed on an emergency, temporary, and permanent basis to ensure that the operations of this large and rapidly changing city continue uninterrupted. The D.C. Legislative Autonomy Act would allow bills passed by the D.C. Council and signed by the mayor to become law immediately.

My bill would do no more than align the Home Rule Act with congressional practice over many decades. Since the 1973 Home Rule Act, of the more than 4,500 legislative acts transmitted to Congress, only three resolutions to disapprove a D.C. bill have been enacted--in 1979, 1981, and 1991--and two of those involved distinct federal interests. Placing a congressional hold on 4,500 D.C. bills has not only proven unnecessary, but also a waste of money and time for both the District and Congress. Instead of using the formal disapproval process to overturn D.C. legislation, Congress has preferred to use appropriations riders. It is particularly unfair to require the D.C. Council to engage in a phantom process that Congress has itself discarded.

The wastefulness of the layover process is all the more apparent considering that my bill does not prevent review of District laws by Congress. Under clause 17 of section 8 of article I of the U.S. Constitution, the House and the Senate may scrutinize every piece of legislation passed by the D.C. Council, and, using that authority, change or strike such legislation at any time if it desired. My bill would only eliminate the automatic hold placed on local legislation and the need for the D.C. Council to use a process initially passed for the convenience of Congress, but one that Congress has since eliminated in all but law. The bill would promote efficiency and cost savings for both Congress and the District. The bill would benefit the city's bond rating, which is affected by the shadow of congressional review and the delay in the finality of District legislation.

The limited legislative autonomy granted in this bill would allow the District to realize the greater measure of meaningful self-government and home rule that it deserves, and has more than earned in the 37 years since the Home Rule Act became effective. I urge my colleagues to support this important measure.