I
109th CONGRESS
2d Session
H. R. 5388
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.
Short Title
This Act may be cited as the District
of Columbia Fair and Equal House Voting Rights Act of 2006
.
Findings
Congress finds as follows:
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.
District of Columbia residents have fought and died to defend our democracy in every war since the War of Independence.
District of Columbia residents pay billions of dollars in Federal taxes each year.
Our Nation is
founded on the principles of one person, one vote
and
government by the consent of the governed
.
Treatment of District of Columbia as Congressional district
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.
Conforming Amendments Relating to Apportionment of Members of House of Representatives
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:
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.
.
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);
.
Conforming amendments regarding appointments to service academies
United States military academy
Section 4342 of title 10, United States Code, is amended—
in subsection (a), by striking paragraph (5); and
in subsection (f),
by striking the District of Columbia,
.
United States naval academy
Such title is amended—
in section 6954(a), by striking paragraph (5); and
in section
6958(b), by striking the District of Columbia,
.
United States air force academy
Section 9342 of title 10, United States Code, is amended—
in subsection (a), by striking paragraph (5); and
in subsection (f),
by striking the District of Columbia,
.
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.
Increase in Membership of House of Representatives
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).
Reapportionment of Members Resulting From Increase
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
.
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.
Special Rules For Period Prior to 2012 Reapportionment
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.
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.
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—
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
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.
Repeal of office of District of Columbia delegate
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.
Conforming amendments to District of Columbia Elections Code of 1955
The District of Columbia Elections Code of 1955 is amended as follows:
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,
.
In section 2 (sec. 1–1001.02, D.C. Official Code)—
by striking paragraph (6); and
in paragraph (13),
by striking the Delegate to Congress for the District of
Columbia,
and inserting the Representative in the
Congress,
.
In section 8 (sec. 1–1001.08, D.C. Official Code)—
in the heading, by
striking Delegate
and inserting Representative
;
and
by striking
Delegate,
each place it appears in subsections (h)(1)(A),
(i)(1), and (j)(1) and inserting Representative in the
Congress,
.
In section 10 (sec. 1–1001.10, D.C. Official Code)—
in subsection (a)(3)(A)—
by
striking or section 206(d) of the District of Columbia Delegate
Act
, and
by
striking the office of Delegate to the House of Representatives
and inserting the office of Representative in the
Congress
;
in subsection
(d)(1), by striking Delegate,
each place it appears; and
in subsection (d)(2)—
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
by striking subparagraph (B).
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,
.
In section 15(b)
(sec. 1–1001.15(b), D.C. Official Code), by striking Delegate,
and inserting Representative in the Congress,
.
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
.
Effective date
The amendments made by this section shall apply with respect to elections occurring during 2006 and any succeeding year.
Repeal of office of statehood Representative
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:
By striking
offices of Senator and Representative
each place it appears in
subsection (d) and inserting office of Senator
.
In subsection (d)(2)—
by striking
a Representative or
;
by striking
the Representative or
; and
by striking
Representative shall be elected for a 2-year term and
each
.
In subsection
(d)(3)(A), by striking and 1 United States
Representative
.
By striking
Representative or
each place it appears in subsections (e), (f),
(g), and (h).
By striking
Representative’s or
each place it appears in subsections (g) and
(h).
Conforming amendments
Statehood commission
Section 6 of such Initiative (sec. 1–125, D.C. Official Code) is amended—
in subsection (a)—
by
striking 27 voting members
and inserting 26 voting
members
;
by
adding and
at the end of paragraph (5); and
by striking paragraph (6) and redesignating paragraph (7) as paragraph (6); and
in subsection (a–1)(1), by striking subparagraph (H).
Authorization of appropriations
Section 8 of such Initiative (sec. 1–127, D.C.
Official Code) is amended by striking and House
.
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.
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
.
District of Columbia Elections Code of 1955
The District of Columbia Elections Code of 1955 is amended—
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
in section 10(d)
(sec. 1–1001.10(d)(3), D.C. Official Code), by striking United States
Representative or
.
Effective date
The amendments made by this section shall apply with respect to elections occurring during 2006 and any succeeding year.
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.
