I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘District of Columbia 

5 Fair and Equal House Voting Rights Act of 2006’’. 


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1 SEC. 2. FINDINGS. 

2 Congress finds as follows: 

3 (1) Over half a million people living in the Dis4 trict of Columbia, the capital of our democratic Na5 tion, lack direct voting representation in the United 

6 States Senate and House of Representatives. 

7 (2) District of Columbia residents have fought 

8 and died to defend our democracy in every war since 

9 the War of Independence. 

10 (3) District of Columbia residents pay billions 

11 of dollars in Federal taxes each year. 

12 (4) Our Nation is founded on the principles of 

13 ‘‘one person, one vote’’ and ‘‘government by the con14 sent of the governed’’. 

15 SEC. 3. TREATMENT OF DISTRICT OF COLUMBIA AS CON16 GRESSIONAL DISTRICT. 

17 (a) IN GENERAL.—Notwithstanding any other provi18 sion of law, the District of Columbia shall be considered 

19 a Congressional district for purposes of representation in 

20 the House of Representatives. 

21 (b) CONFORMING AMENDMENTS RELATING TO AP22 PORTIONMENT OF MEMBERS OF HOUSE OF REPRESENTA23 TIVES.— 

24 (1) INCLUSION OF SINGLE DISTRICT OF COLUM25 BIA MEMBER IN REAPPORTIONMENT OF MEMBERS

26 AMONG STATES.—Section 22 of the Act entitled ‘‘An 


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1 Act to provide for the fifteenth and subsequent de2 cennial censuses and to provide for apportionment of 

3 Representatives in Congress’’, approved June 28, 

4 1929 (2 U.S.C. 2a), is amended by adding at the 

5 end the following new subsection: 

6 ‘‘(d) This section shall apply with respect to the Dis7 trict of Columbia in the same manner as this section ap8 plies to a State, except that the District of Columbia may 

9 not receive more than one Member under any reapportion10 ment of Members.’’. 

11 (2) CLARIFICATION OF DETERMINATION OF

12 NUMBER OF PRESIDENTIAL ELECTORS ON BASIS OF

13 23RD AMENDMENT.—Section 3 of title 3, United 

14 States Code, is amended by striking ‘‘come into of15 fice;’’ and inserting the following: ‘‘come into office 

16 (subject to the twenty-third article of amendment to 

17 the Constitution of the United States in the case of 

18 the District of Columbia);’’. 

19 (c) CONFORMING AMENDMENTS REGARDING AP20 POINTMENTS TO SERVICE ACADEMIES.— 

21 (1) UNITED STATES MILITARY ACADEMY.—Sec22 tion 4342 of title 10, United States Code, is amend23 ed— 

24 (A) in subsection (a), by striking para25 graph (5); and 


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1 (B) in subsection (f), by striking ‘‘the Dis2 trict of Columbia,’’. 

3 (2) UNITED STATES NAVAL ACADEMY.—Such 

4 title is amended— 

5 (A) in section 6954(a), by striking para6 graph (5); and 

7 (B) in section 6958(b), by striking ‘‘the 

8 District of Columbia,’’. 

9 (3) UNITED STATES AIR FORCE ACADEMY.— 

10 Section 9342 of title 10, United States Code, is 

11 amended— 

12 (A) in subsection (a), by striking para13 graph (5); and 

14 (B) in subsection (f), by striking ‘‘the Dis15 trict of Columbia,’’. 

16 (d) EFFECTIVE DATE.—This section and the amend17 ments made by this section shall apply with respect to the 

18 One Hundred Tenth Congress and each succeeding Con19 gress. 

20 SEC. 4. INCREASE IN MEMBERSHIP OF HOUSE OF REP21 RESENTATIVES. 

22 (a) PERMANENT INCREASE IN NUMBER OF MEM23 BERS.—Effective with respect to the One Hundred Tenth 

24 Congress and each succeeding Congress, the House of 

25 Representatives shall be composed of 437 Members, inVerDate Aug 31 2005 00:31 May 20, 2006 Jkt 049200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H5388.IH H5388

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1 cluding any Members representing the District of Colum2 bia pursuant to section 3(a). 

3 (b) REAPPORTIONMENT OF MEMBERS RESULTING

4 FROM INCREASE.— 

5 (1) IN GENERAL.—Section 22(a) of the Act en6 titled ‘‘An Act to provide for the fifteenth and subse7 quent decennial censuses and to provide for appor8 tionment of Representatives in Congress’’, approved 

9 June 28, 1929 (2 U.S.C. 2a(a)), is amended by 

10 striking ‘‘the then existing number of Representa11 tives’’ and inserting ‘‘the number of Representatives 

12 established with respect to the One Hundred Tenth 

13 Congress’’. 

14 (2) EFFECTIVE DATE.—The amendment made 

15 by paragraph (1) shall apply with respect to the reg16 ular decennial census conducted for 2010 and each 

17 subsequent regular decennial census. 

18 (c) SPECIAL RULES FOR PERIOD PRIOR TO 2012 RE19 APPORTIONMENT.— 

20 (1) TRANSMITTAL OF REVISED STATEMENT OF

21 APPORTIONMENT BY PRESIDENT.—Not later than 

22 30 days after the date of the enactment of this Act, 

23 the President shall transmit to Congress a revised 

24 version of the most recent statement of apportion25 ment submitted under section 22(a) of the Act entiVerDate Aug 31 2005 00:31 May 20, 2006 Jkt 049200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H5388.IH H5388

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1 tled ‘‘An Act to provide for the fifteenth and subse2 quent decennial censuses and to provide for appor3 tionment of Representatives in Congress’’, approved 

4 June 28, 1929 (2 U.S.C. 2a(a)), to take into ac5 count this Act and the amendments made by this 

6 Act. 

7 (2) REPORT BY CLERK.—Not later than 15 cal8 endar days after receiving the revised version of the 

9 statement of apportionment under paragraph (1), 

10 the Clerk of the House of Representatives, in ac11 cordance with section 22(b) of such Act (2 U.S.C. 

12 2a(b)), shall send to the executive of each State a 

13 certificate of the number of Representatives to which 

14 such State is entitled under section 22 of such Act, 

15 and shall submit a report to the Speaker of the 

16 House of Representatives identifying the State 

17 (other than the District of Columbia) which is enti18 tled to one additional Representative pursuant to 

19 this section. 

20 (3) REQUIREMENTS FOR ELECTION OF ADDI21 TIONAL MEMBER.—During the period beginning 

22 with the first day of the One Hundred Tenth Con23 gress and ending with the taking effect of the first 

24 reapportionment occurring after the regular decen25 nial census conducted for 2010— 


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1 (A) notwithstanding the Act entitled ‘‘An 

2 Act for the relief of Doctor Ricardo Vallejo 

3 Samala and to provide for congressional redis4 tricting’’, approved December 14, 1967 (2 

5 U.S.C. 2c), the additional Representative to 

6 which the State identified by the Clerk of the 

7 House of Representatives in the report sub8 mitted under paragraph (2) is entitled shall be 

9 elected from the State at large; and 

10 (B) the other Representatives to which 

11 such State is entitled shall be elected on the 

12 basis of the Congressional districts in effect in 

13 the State for the One Hundred Ninth Congress. 

14 SEC. 5. REPEAL OF OFFICE OF DISTRICT OF COLUMBIA 

15 DELEGATE. 

16 (a) IN GENERAL.—Sections 202 and 204 of the Dis17 trict of Columbia Delegate Act (Public Law 91–405; sec18 tions 1–401 and 1–402, D.C. Official Code) are repealed, 

19 and the provisions of law amended or repealed by such 

20 sections are restored or revived as if such sections had 

21 not been enacted. 

22 (b) CONFORMING AMENDMENTS TO DISTRICT OF CO23 LUMBIA ELECTIONS CODE OF 1955.—The District of Co24 lumbia Elections Code of 1955 is amended as follows: 


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1 (1) In section 1 (sec. 1–1001.01, D.C. Official 

2 Code), by striking ‘‘the Delegate to the House of 

3 Representatives,’’ and inserting ‘‘the Representative 

4 in the Congress,’’ . 

5 (2) In section 2 (sec. 1–1001.02, D.C. Official 

6 Code)— 

7 (A) by striking paragraph (6); and 

8 (B) in paragraph (13), by striking ‘‘the 

9 Delegate to Congress for the District of Colum10 bia,’’ and inserting ‘‘the Representative in the 

11 Congress,’’. 

12 (3) In section 8 (sec. 1–1001.08, D.C. Official 

13 Code)— 

14 (A) in the heading, by striking ‘‘Delegate’’ 

15 and inserting ‘‘Representative’’; and 

16 (B) by striking ‘‘Delegate,’’ each place it 

17 appears in subsections (h)(1)(A), (i)(1), and 

18 (j)(1) and inserting ‘‘Representative in the Con19 gress,’’. 

20 (4) In section 10 (sec. 1–1001.10, D.C. Official 

21 Code)— 

22 (A) in subsection (a)(3)(A)— 

23 (i) by striking ‘‘or section 206(d) of 

24 the District of Columbia Delegate Act’’, 

25 and 


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1 (ii) by striking ‘‘the office of Delegate 

2 to the House of Representatives’’ and in3 serting ‘‘the office of Representative in the 

4 Congress’’; 

5 (B) in subsection (d)(1), by striking ‘‘Dele6 gate,’’ each place it appears; and 

7 (C) in subsection (d)(2)— 

8 (i) by striking ‘‘(A) In the event’’ and 

9 all that follows through ‘‘term of office,’’ 

10 and inserting ‘‘In the event that a vacancy 

11 occurs in the office of Representative in 

12 the Congress before May 1 of the last year 

13 of the Representative’s term of office,’’ and 

14 (ii) by striking subparagraph (B). 

15 (5) In section 11(a)(2) (sec. 1–1001.11(a)(2), 

16 D.C. Official Code), by striking ‘‘Delegate to the 

17 House of Representatives,’’ and inserting ‘‘Rep18 resentative in the Congress,’’. 

19 (6) In section 15(b) (sec. 1–1001.15(b), D.C. 

20 Official Code), by striking ‘‘Delegate,’’ and inserting 

21 ‘‘Representative in the Congress,’’. 

22 (7) In section 17(a) (sec. 1–1001.17(a), D.C. 

23 Official Code), by striking ‘‘the Delegate to the Con24 gress from the District of Columbia’’ and inserting 

25 ‘‘the Representative in the Congress’’. 


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1 (c) EFFECTIVE DATE.—The amendments made by 

2 this section shall apply with respect to elections occurring 

3 during 2006 and any succeeding year. 

4 SEC. 6. REPEAL OF OFFICE OF STATEHOOD REPRESENTA5 TIVE. 

6 (a) IN GENERAL.—Section 4 of the District of Co7 lumbia Statehood Constitutional Convention Initiative of 

8 1979 (sec. 1–123, D.C. Official Code) is amended as fol9 lows: 

10 (1) By striking ‘‘offices of Senator and Rep11 resentative’’ each place it appears in subsection (d) 

12 and inserting ‘‘office of Senator’’. 

13 (2) In subsection (d)(2)— 

14 (A) by striking ‘‘a Representative or’’; 

15 (B) by striking ‘‘the Representative or’’; 

16 and 

17 (C) by striking ‘‘Representative shall be 

18 elected for a 2-year term and each’’. 

19 (3) In subsection (d)(3)(A), by striking ‘‘and 1 

20 United States Representative’’. 

21 (4) By striking ‘‘Representative or’’ each place 

22 it appears in subsections (e), (f), (g), and (h). 

23 (5) By striking ‘‘Representative’s or’’ each 

24 place it appears in subsections (g) and (h). 

25 (b) CONFORMING AMENDMENTS.— 


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1 (1) STATEHOOD COMMISSION.—Section 6 of 

2 such Initiative (sec. 1–125, D.C. Official Code) is 

3 amended— 

4 (A) in subsection (a)— 

5 (i) by striking ‘‘27 voting members’’ 

6 and inserting ‘‘26 voting members’’; 

7 (ii) by adding ‘‘and’’ at the end of 

8 paragraph (5); and 

9 (iii) by striking paragraph (6) and re10 designating paragraph (7) as paragraph 

11 (6); and 

12 (B) in subsection (a–1)(1), by striking sub13 paragraph (H). 

14 (2) AUTHORIZATION OF APPROPRIATIONS.— 

15 Section 8 of such Initiative (sec. 1–127, D.C. Offi16 cial Code) is amended by striking ‘‘and House’’. 

17 (3) APPLICATION OF HONORARIA LIMITA18 TIONS.—Section 4 of D.C. Law 8–135 (sec. 1–131, 

19 D.C. Official Code) is amended by striking ‘‘or Rep20 resentative’’ each place it appears. 

21 (4) APPLICATION OF CAMPAIGN FINANCE

22 LAWS.—Section 3 of the Statehood Convention Pro23 cedural Amendments Act of 1982 (sec. 1–135, D.C. 

24 Official Code) is amended by striking ‘‘and United 

25 States Representative’’. 


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1 (5) DISTRICT OF COLUMBIA ELECTIONS CODE

2 OF 1955.—The District of Columbia Elections Code 

3 of 1955 is amended— 

4 (A) in section 2(13) (sec. 1–1001.02(13), 

5 D.C. Official Code), by striking ‘‘United States 

6 Senator and Representative,’’ and inserting 

7 ‘‘United States Senator,’’; and 

8 (B) in section 10(d) (sec. 1–1001.10(d)(3), 

9 D.C. Official Code), by striking ‘‘United States 

10 Representative or’’. 

11 (c) EFFECTIVE DATE.—The amendments made by 

12 this section shall apply with respect to elections occurring 

13 during 2006 and any succeeding year. 

14 SEC. 7. NONSEVERABILITY OF PROVISIONS. 

15 If any provision of this Act or any amendment made 

16 by this Act is held invalid, the remaining provisions of this 

17 Act or any amendment made by this Act shall be treated 

18 as invalid. 

Æ 


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