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[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.
                                 <all>
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