Norton Condemns Anti-Home Rule, Politically Motivated Bill to Remove Registration Requirement for Certain Organizations in D.C.

WASHINGTON, D.C. — Congresswoman Eleanor Holmes Norton (D-DC) condemned a bill introduced by Rep. Andy Biggs (R-AZ) which was marked up by the Committee on Oversight and Accountability (COA) today that would exempt certain organizations doing business in D.C. from registering with the District, the same requirement states regularly enforce. The bill appears to be politically motivated, introduced in response to a reported investigation by the D.C. Attorney General into a conservative legal activist for misusing charitable funds for the activist’s personal benefit. This is the eighth bill COA has marked up or brought directly to the floor to repeal or amend D.C. laws or regulations this Congress.

“Today’s markup is yet another example of this committee abusing its undemocratic authority over D.C., where nearly 700,000 residents pay the highest federal taxes per capita in the nation without voting representation in Congress,” Norton said. “These bills have ranged from stripping D.C. of its authority to increase criminal penalties to repealing a D.C. environmental regulation to amending D.C. public sector employment laws.”

Norton’s markup statement follows.

Statement of Congresswoman Eleanor Holmes Norton

Markup of H.R. 10062, the Freedom to Petition the Government Act

November 20, 2024

I strongly oppose this bill, which violates the District of Columbia’s right to self-government.  This bill amends a D.C. law to exempt certain business organizations doing business in D.C. from registering with D.C., even though each state requires business organizations, whether for-profit or nonprofit, doing business in that state to register there.  The intent of this bill is to reduce D.C.’s authority to apply its laws to nonprofits that are formed under the laws of another jurisdiction doing business in D.C.

Why would this committee amend D.C.’s business registration law, which is like the business registration law of each state? Contrary to Republicans’ claims, this bill is not about the First Amendment, which, of course, no enforceable law can violate.

There are two reasons for this bill. 

First, this committee has abused its undemocratic authority over D.C. more this Congress than at any time in at least two decades.  This is the eighth bill this committee has marked up or brought directly to the floor to repeal or amend D.C. laws or regulations.  These bills have ranged from stripping D.C. of its authority to increase criminal penalties to repealing a D.C. environmental regulation to amending D.C. public sector employment laws.

Second, the D.C. Attorney General apparently did something this committee considers radical: he enforced D.C.’s Nonprofit Corporation Act.  The D.C. Attorney General reportedly is investigating nonprofits affiliated with a conservative legal activist for misusing charitable funds for the activist’s personal benefit.  This bill is step two in this committee’s response to the D.C. Attorney General’s reported investigation.  Step one occurred last year, when this committee launched an investigation of the D.C. Attorney General’s reported investigation.

My Republican colleagues are correct that Congress has the constitutional authority to legislate on local D.C. matters, but they are wrong that Congress has a constitutional duty to do so. Legislating on local D.C. matters is a choice.  As the Supreme Court held in 1953, , “there is no constitutional barrier to the delegation by Congress to the District of Columbia of full legislative power.”

The Revolutionary War was fought to give consent to the governed and to end taxation without representation.  Yet, D.C. residents cannot consent to any action taken by Congress, whether on national or local D.C. matters, and pay full federal taxes.  Indeed, D.C. pays more federal taxes per capita than any state and more total federal taxes than 19 states.

If House Republicans cared about democratic principles, they would bring my D.C. statehood bill, which gives D.C. residents voting representation in Congress and full local self-government, to the floor. Congress has the constitutional authority to admit the State of Washington, D.C.  It simply lacks the will.

I urge my colleagues to oppose this bill.

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