Ahead of Markup, Norton Releases Remarks on Her Bill to Permit Electronic Transmission of D.C. Legislation to Congress

(WASHINGTON, DC) - Congresswoman Eleanor Holmes Norton (D-DC) released her remarks in advance of today's House Committee on Oversight and Government Reform markup of her bill to allow the chair of the D.C. Council to transmit legislation to Congress in the form of the chair's choosing, including electronic form. This bill seeks to modernize the method D.C. legislation is transmitted to Congress for the congressional review period.

"While I do not believe there should be a congressional review process for bills enacted by D.C., we can at least bring the congressional review process into the electronic age," Norton said. "Electronic records are recognized as valid under federal and state law, and the federal government and state and local governments conduct official business electronically. Congress also conducts official business electronically. Physical transmittal of D.C. legislation is a complex, tedious process which imposes unnecessary costs on both Congress and the D.C. Council, which ran into difficulties complying during the pandemic and when increased security measures were implemented in the aftermath of the January 6, 2021 attack on the Capitol. Thank you to Chairman Comer for cosponsoring and marking up this bill."

Norton's remarks follow, as prepared for delivery.

District of Columbia Electronic Transmittal of Legislation Act

I thank Chairman Comer for cosponsoring and marking up this bill. This bill would bring the congressional review process for legislation adopted by D.C. into the electronic age.

I want to be very clear: While I do not believe there should be a congressional review process for bills enacted by D.C., my bill does not change the review process, other than the way D.C. bills are transmitted to Congress.

The D.C. Home Rule Act requires the Chair of the D.C. Council to transmit bills to Congress for a review period before the legislation takes effect. The legislation takes effect after the review period, unless a resolution of disapproval is enacted into law during the review period. The Home Rule Act is silent on the form of transmittal, but Congress has always required bills to be physically transmitted.

Electronic records are recognized as valid under federal and state law, and the federal government and state and local governments conduct official business electronically. For example, under the Electronic Signatures in Global and National Commerce Act, which was enacted into law more than twenty years ago, with respect to any interstate transaction in which the parties consent, quote, "a signature, contract, or other record relating to such transaction may not be denied legal effect, validity, or enforceability solely because it is in electronic form."

Federal agencies transmit regulations and other documents to the Federal Register electronically. Congress is also capable of conducting official business electronically. In fact, the House already does so. For example, the House permits Members, including acting through their staff, to introduce legislation and submit statements into the Congressional Record electronically.

The requirement that D.C. physically transmit legislation imposes costs on the Council. The Council engages in a twelve-step process to physically transmit legislation, including printing two copies of each bill and committee report, arranging a time for delivery of these documents to the offices of the Speaker and President of the Senate, and having two staffers drive to the Capitol to deliver the documents-two are required because of parking restrictions.

The physical transmittal process also imposes costs on Congress. The following congressional offices and committees are involved in the physical transmittal process: the offices of the Speaker and the President of the Senate, the House and Senate Parliamentarians, the House Clerk, the Senate Secretary, this committee and the Senate Committee on Homeland Security and Governmental Affairs.

The difficulty the Council had physically transmitting its bills during the pandemic and after January sixth reinforces the need for electronic transmittal.

I urge my colleagues to support this bill.

###