[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5388 Introduced in House (IH)]
109th CONGRESS
2d Session
H. R. 5388
To provide for the treatment of the District of Columbia as a
Congressional district for purposes of representation in the House of
Representatives, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 16, 2006
Mr. Tom Davis of Virginia (for himself, Ms. Norton, Mr. Waxman, Mr.
Shays, Mr. Platts, Mr. Cannon, Mr. Bishop of Utah, Mr. Leach, Mr.
Simmons, Mr. English of Pennsylvania, Mr. Moore of Kansas, Mr. Foley,
Mr. Issa, Mr. Fattah, Mr. Moran of Virginia, Mr. Wynn, Mr. Owens, Mr.
Towns, Mr. Kirk, Mr. Boucher, Mr. Van Hollen, Mr. Porter, and Mr.
Gilchrest) introduced the following bill; which was referred to the
Committee on the Judiciary, and in addition to the Committee on
Government Reform, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To provide for the treatment of the District of Columbia as a
Congressional district for purposes of representation in the House of
Representatives, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``District of Columbia Fair and Equal
House Voting Rights Act of 2006''.
SEC. 2. FINDINGS.
Congress finds as follows:
(1) Over half a million people living in the District of
Columbia, the capital of our democratic Nation, lack direct
voting representation in the United States Senate and House of
Representatives.
(2) District of Columbia residents have fought and died to
defend our democracy in every war since the War of
Independence.
(3) District of Columbia residents pay billions of dollars
in Federal taxes each year.
(4) Our Nation is founded on the principles of ``one
person, one vote'' and ``government by the consent of the
governed''.
SEC. 3. TREATMENT OF DISTRICT OF COLUMBIA AS CONGRESSIONAL DISTRICT.
(a) In General.--Notwithstanding any other provision of law, the
District of Columbia shall be considered a Congressional district for
purposes of representation in the House of Representatives.
(b) Conforming Amendments Relating to Apportionment of Members of
House of Representatives.--
(1) Inclusion of single district of columbia member in
reapportionment of members among states.--Section 22 of the Act
entitled ``An Act to provide for the fifteenth and subsequent
decennial censuses and to provide for apportionment of
Representatives in Congress'', approved June 28, 1929 (2 U.S.C.
2a), is amended by adding at the end the following new
subsection:
``(d) This section shall apply with respect to the District of
Columbia in the same manner as this section applies to a State, except
that the District of Columbia may not receive more than one Member
under any reapportionment of Members.''.
(2) Clarification of determination of number of
presidential electors on basis of 23rd amendment.--Section 3 of
title 3, United States Code, is amended by striking ``come into
office;'' and inserting the following: ``come into office
(subject to the twenty-third article of amendment to the
Constitution of the United States in the case of the District
of Columbia);''.
(c) Conforming Amendments Regarding Appointments to Service
Academies.--
(1) United states military academy.--Section 4342 of title
10, United States Code, is amended--
(A) in subsection (a), by striking paragraph (5);
and
(B) in subsection (f), by striking ``the District
of Columbia,''.
(2) United states naval academy.--Such title is amended--
(A) in section 6954(a), by striking paragraph (5);
and
(B) in section 6958(b), by striking ``the District
of Columbia,''.
(3) United states air force academy.--Section 9342 of title
10, United States Code, is amended--
(A) in subsection (a), by striking paragraph (5);
and
(B) in subsection (f), by striking ``the District
of Columbia,''.
(d) Effective Date.--This section and the amendments made by this
section shall apply with respect to the One Hundred Tenth Congress and
each succeeding Congress.
SEC. 4. INCREASE IN MEMBERSHIP OF HOUSE OF REPRESENTATIVES.
(a) Permanent Increase in Number of Members.--Effective with
respect to the One Hundred Tenth Congress and each succeeding Congress,
the House of Representatives shall be composed of 437 Members,
including any Members representing the District of Columbia pursuant to
section 3(a).
(b) Reapportionment of Members Resulting From Increase.--
(1) In general.--Section 22(a) of the Act entitled ``An Act
to provide for the fifteenth and subsequent decennial censuses
and to provide for apportionment of Representatives in
Congress'', approved June 28, 1929 (2 U.S.C. 2a(a)), is amended
by striking ``the then existing number of Representatives'' and
inserting ``the number of Representatives established with
respect to the One Hundred Tenth Congress''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply with respect to the regular decennial census
conducted for 2010 and each subsequent regular decennial
census.
(c) Special Rules For Period Prior to 2012 Reapportionment.--
(1) Transmittal of revised statement of apportionment by
president.--Not later than 30 days after the date of the
enactment of this Act, the President shall transmit to Congress
a revised version of the most recent statement of apportionment
submitted under section 22(a) of the Act entitled ``An Act to
provide for the fifteenth and subsequent decennial censuses and
to provide for apportionment of Representatives in Congress'',
approved June 28, 1929 (2 U.S.C. 2a(a)), to take into account
this Act and the amendments made by this Act.
(2) Report by clerk.--Not later than 15 calendar days after
receiving the revised version of the statement of apportionment
under paragraph (1), the Clerk of the House of Representatives,
in accordance with section 22(b) of such Act (2 U.S.C. 2a(b)),
shall send to the executive of each State a certificate of the
number of Representatives to which such State is entitled under
section 22 of such Act, and shall submit a report to the
Speaker of the House of Representatives identifying the State
(other than the District of Columbia) which is entitled to one
additional Representative pursuant to this section.
(3) Requirements for election of additional member.--During
the period beginning with the first day of the One Hundred
Tenth Congress and ending with the taking effect of the first
reapportionment occurring after the regular decennial census
conducted for 2010--
(A) notwithstanding the Act entitled ``An Act for
the relief of Doctor Ricardo Vallejo Samala and to
provide for congressional redistricting'', approved
December 14, 1967 (2 U.S.C. 2c), the additional
Representative to which the State identified by the
Clerk of the House of Representatives in the report
submitted under paragraph (2) is entitled shall be
elected from the State at large; and
(B) the other Representatives to which such State
is entitled shall be elected on the basis of the
Congressional districts in effect in the State for the
One Hundred Ninth Congress.
SEC. 5. REPEAL OF OFFICE OF DISTRICT OF COLUMBIA DELEGATE.
(a) In General.--Sections 202 and 204 of the District of Columbia
Delegate Act (Public Law 91-405; sections 1-401 and 1-402, D.C.
Official Code) are repealed, and the provisions of law amended or
repealed by such sections are restored or revived as if such sections
had not been enacted.
(b) Conforming Amendments to District of Columbia Elections Code of
1955.--The District of Columbia Elections Code of 1955 is amended as
follows:
(1) In section 1 (sec. 1-1001.01, D.C. Official Code), by
striking ``the Delegate to the House of Representatives,'' and
inserting ``the Representative in the Congress,'' .
(2) In section 2 (sec. 1-1001.02, D.C. Official Code)--
(A) by striking paragraph (6); and
(B) in paragraph (13), by striking ``the Delegate
to Congress for the District of Columbia,'' and
inserting ``the Representative in the Congress,''.
(3) In section 8 (sec. 1-1001.08, D.C. Official Code)--
(A) in the heading, by striking ``Delegate'' and
inserting ``Representative''; and
(B) by striking ``Delegate,'' each place it appears
in subsections (h)(1)(A), (i)(1), and (j)(1) and
inserting ``Representative in the Congress,''.
(4) In section 10 (sec. 1-1001.10, D.C. Official Code)--
(A) in subsection (a)(3)(A)--
(i) by striking ``or section 206(d) of the
District of Columbia Delegate Act'', and
(ii) by striking ``the office of Delegate
to the House of Representatives'' and inserting
``the office of Representative in the
Congress'';
(B) in subsection (d)(1), by striking ``Delegate,''
each place it appears; and
(C) in subsection (d)(2)--
(i) by striking ``(A) In the event'' and
all that follows through ``term of office,''
and inserting ``In the event that a vacancy
occurs in the office of Representative in the
Congress before May 1 of the last year of the
Representative's term of office,'' and
(ii) by striking subparagraph (B).
(5) In section 11(a)(2) (sec. 1-1001.11(a)(2), D.C.
Official Code), by striking ``Delegate to the House of
Representatives,'' and inserting ``Representative in the
Congress,''.
(6) In section 15(b) (sec. 1-1001.15(b), D.C. Official
Code), by striking ``Delegate,'' and inserting ``Representative
in the Congress,''.
(7) In section 17(a) (sec. 1-1001.17(a), D.C. Official
Code), by striking ``the Delegate to the Congress from the
District of Columbia'' and inserting ``the Representative in
the Congress''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to elections occurring during 2006 and any
succeeding year.
SEC. 6. REPEAL OF OFFICE OF STATEHOOD REPRESENTATIVE.
(a) In General.--Section 4 of the District of Columbia Statehood
Constitutional Convention Initiative of 1979 (sec. 1-123, D.C. Official
Code) is amended as follows:
(1) By striking ``offices of Senator and Representative''
each place it appears in subsection (d) and inserting ``office
of Senator''.
(2) In subsection (d)(2)--
(A) by striking ``a Representative or'';
(B) by striking ``the Representative or''; and
(C) by striking ``Representative shall be elected
for a 2-year term and each''.
(3) In subsection (d)(3)(A), by striking ``and 1 United
States Representative''.
(4) By striking ``Representative or'' each place it appears
in subsections (e), (f), (g), and (h).
(5) By striking ``Representative's or'' each place it
appears in subsections (g) and (h).
(b) Conforming Amendments.--
(1) Statehood commission.--Section 6 of such Initiative
(sec. 1-125, D.C. Official Code) is amended--
(A) in subsection (a)--
(i) by striking ``27 voting members'' and
inserting ``26 voting members'';
(ii) by adding ``and'' at the end of
paragraph (5); and
(iii) by striking paragraph (6) and
redesignating paragraph (7) as paragraph (6);
and
(B) in subsection (a-1)(1), by striking
subparagraph (H).
(2) Authorization of appropriations.--Section 8 of such
Initiative (sec. 1-127, D.C. Official Code) is amended by
striking ``and House''.
(3) Application of honoraria limitations.--Section 4 of
D.C. Law 8-135 (sec. 1-131, D.C. Official Code) is amended by
striking ``or Representative'' each place it appears.
(4) Application of campaign finance laws.--Section 3 of the
Statehood Convention Procedural Amendments Act of 1982 (sec. 1-
135, D.C. Official Code) is amended by striking ``and United
States Representative''.
(5) District of columbia elections code of 1955.--The
District of Columbia Elections Code of 1955 is amended--
(A) in section 2(13) (sec. 1-1001.02(13), D.C.
Official Code), by striking ``United States Senator and
Representative,'' and inserting ``United States
Senator,''; and
(B) in section 10(d) (sec. 1-1001.10(d)(3), D.C.
Official Code), by striking ``United States
Representative or''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to elections occurring during 2006 and any
succeeding year.
SEC. 7. NONSEVERABILITY OF PROVISIONS.
If any provision of this Act or any amendment made by this Act is
held invalid, the remaining provisions of this Act or any amendment
made by this Act shall be treated as invalid.
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