I 

112TH CONGRESS 

1ST SESSION H. R. 266 

To provide for the treatment of the District of Columbia as a State for 

purposes of representation in the House of Representatives and Senate, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 12, 2011 

Ms. NORTON introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Oversight 

and 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 State for purposes of representation in the House 

of Representatives and Senate, 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 Equal Representation Act of 2011’’. 

6 SEC. 2. REPRESENTATION IN CONGRESS FOR DISTRICT OF 

7 COLUMBIA. 

8 (a) REPRESENTATION.— 


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1 (1) IN GENERAL.—Notwithstanding any other 

2 provision of law, effective with respect to the One 

3 Hundred Twelfth Congress and each succeeding 

4 Congress, the District of Columbia shall be treated 

5 as a State for the purposes of representation in the 

6 House of Representatives and the Senate. 

7 (2) CLASSIFICATION OF SENATORS.—In the 

8 first election of Senators from the District of Colum9 bia, the 2 senatorial offices shall be separately iden10 tified and designated, and no person may be a can11 didate for both offices. No such identification or des12 ignation of either of the 2 senatorial offices shall 

13 refer to or be taken to refer to the terms of such 

14 offices, or in any way impair the privilege of the 

15 Senate to determine the class to which each of the 

16 Senators elected shall be assigned. 

17 (b) CONFORMING AMENDMENTS RELATING TO AP18 PORTIONMENT OF MEMBERS OF HOUSE OF REPRESENTA19 TIVES.— 

20 (1) INCLUSION OF DISTRICT OF COLUMBIA IN

21 REAPPORTIONMENT OF MEMBERS AMONG STATES.— 

22 Section 22 of the Act entitled ‘‘An Act to provide for 

23 the fifteenth and subsequent decennial censuses and 

24 to provide for apportionment of Representatives in 

25 Congress’’, approved June 28, 1929 (2 U.S.C. 2a), 


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1 is amended by adding at the end the following new 

2 subsection: 

3 ‘‘(d) This section shall apply with respect to the Dis4 trict of Columbia in the same manner as this section ap5 plies to a State.’’. 

6 (2) CLARIFICATION OF DETERMINATION OF

7 NUMBER OF PRESIDENTIAL ELECTORS ON BASIS OF

8 23RD AMENDMENT.—Section 3 of title 3, United 

9 States Code, is amended by striking ‘‘come into of10 fice;’’ and inserting the following: ‘‘come into office 

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

12 the Constitution of the United States in the case of 

13 the District of Columbia);’’. 

14 (c) CONFORMING AMENDMENTS REGARDING AP15 POINTMENTS TO SERVICE ACADEMIES.— 

16 (1) UNITED STATES MILITARY ACADEMY.—Sec17 tion 4342 of title 10, United States Code, is amend18 ed— 

19 (A) in subsection (a), by striking para20 graph (5); and 

21 (B) in subsection (f), by striking ‘‘the Dis22 trict of Columbia,’’. 

23 (2) UNITED STATES NAVAL ACADEMY.—Such 

24 title is amended— 


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1 (A) in section 6954(a), by striking para2 graph (5); and 

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

4 District of Columbia,’’. 

5 (3) UNITED STATES AIR FORCE ACADEMY.— 

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

7 amended— 

8 (A) in subsection (a), by striking para9 graph (5); and 

10 (B) in subsection (f), by striking ‘‘the Dis11 trict of Columbia,’’. 

12 (4) EFFECTIVE DATE.—This subsection and the 

13 amendments made by this subsection shall take ef14 fect on the date on which a Representative from the 

15 District of Columbia takes office for the One Hun16 dred Twelfth Congress. 

17 SEC. 3. INCREASE IN MEMBERSHIP OF HOUSE OF REP18 RESENTATIVES. 

19 (a) PERMANENT INCREASE IN NUMBER OF MEM20 BERS.—Effective with respect to the One Hundred 

21 Twelfth Congress and each succeeding Congress, the 

22 House of Representatives shall be composed of 436 Mem23 bers, including any Members representing the District of 

24 Columbia pursuant to section 2(a). 


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1 (b) REAPPORTIONMENT OF MEMBERS RESULTING

2 FROM INCREASE.— 

3 (1) IN GENERAL.—Section 22(a) of the Act en4 titled ‘‘An Act to provide for the fifteenth and subse5 quent decennial censuses and to provide for appor6 tionment of Representatives in Congress’’, approved 

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

8 striking ‘‘the then existing number of Representa9 tives’’ and inserting ‘‘the number of Representatives 

10 established with respect to the One Hundred 

11 Twelfth Congress’’. 

12 (2) EFFECTIVE DATE.—The amendment made 

13 by paragraph (1) shall apply with respect to the reg14 ular decennial census conducted for 2020 and each 

15 subsequent regular decennial census. 

16 SEC. 4. REPEAL OF OFFICE OF DISTRICT OF COLUMBIA 

17 DELEGATE. 

18 (a) REPEAL OF OFFICE.—Sections 202 and 204 of 

19 the District of Columbia Delegate Act (Public Law 91– 

20 405; sections 1–401 and 1–402, D.C. Official Code) are 

21 repealed, and the provisions of law amended or repealed 

22 by such sections are restored or revived as if such sections 

23 had not been enacted. 

24 (b) EFFECTIVE DATE.—The amendments made by 

25 this section shall take effect on the date on which a RepVerDate Mar 15 2010 04:05 Jan 13, 2011 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H266.IH H266

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1 resentative from the District of Columbia takes office for 

2 the One Hundred Twelfth Congress. 

3 SEC. 5. PROVIDING FOR ELECTIONS FOR HOUSE MEMBERS 

4 AND SENATORS FROM DISTRICT OF COLUM5 BIA. 

6 (a) APPLICATION OF DISTRICT OF COLUMBIA ELEC7 TIONS CODE OF 1955.—The District of Columbia Elec8 tions Code of 1955 is amended as follows: 

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

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

11 Representatives,’’ and inserting ‘‘the Representative 

12 in the Congress, Senator,’’. 

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

14 Code)— 

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

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

17 Delegate to Congress for the District of Colum18 bia, United States Senator and Representa19 tive,’’ and inserting ‘‘the Representative in the 

20 Congress, Senator,’’. 

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

22 Code)— 

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

24 and inserting ‘‘Representative, Senator,’’; and 


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

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

3 (j)(1) and inserting ‘‘Representative in the Con4 gress, Senator,’’. 

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

6 Code)— 

7 (A) in subsection (a)(3)(A)— 

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

9 the District of Columbia Delegate Act’’, 

10 and 

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

12 to the House of Representatives’’ and in13 serting ‘‘the office of Representative in the 

14 Congress’’; 

15 (B) in subsection (d)(1), by striking ‘‘Dele16 gate,’’ each place it appears; 

17 (C) in subsection (d)(2)— 

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

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

20 and inserting ‘‘In the event that a vacancy 

21 occurs in the office of Representative in 

22 the Congress before May 1 of the last year 

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

24 (ii) by striking subparagraph (B); and 


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1 (D) by amending subsection (d)(3) to read 

2 as follows: 

3 ‘‘(3) In the event of a vacancy in the office of Sen4 ator, the Mayor shall appoint a successor to complete the 

5 remainder of the term of office.’’. 

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

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

8 House of Representatives,’’ and inserting ‘‘Rep9 resentative in the Congress, Senator,’’. 

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

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

12 ‘‘Representative in the Congress, Senator,’’. 

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

14 Official Code), by striking ‘‘the Delegate to the Con15 gress from the District of Columbia’’ and inserting 

16 ‘‘the Representative in the Congress and Senator’’. 

17 (b) EFFECTIVE DATE.—The amendments made by 

18 this section shall apply with respect to the election of the 

19 first Representative and Senators from the District of Co20 lumbia pursuant to this Act and each subsequent election 

21 of Representatives and Senators from the District of Co22 lumbia pursuant to this Act. 


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1 SEC. 6. REPEAL OF OFFICES OF STATEHOOD REPRESENTA2 TIVE AND SENATOR. 

3 (a) IN GENERAL.—Section 4 of the District of Co4 lumbia Statehood Constitutional Convention Initiative of 

5 1979 (sec. 1–123, D.C. Official Code) is amended by strik6 ing subsections (d), (e), (f), and (g). 

7 (b) CONFORMING AMENDMENTS.— 

8 (1) STATEHOOD COMMISSION.—Section 6 of 

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

10 amended— 

11 (A) in subsection (a)— 

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

13 and inserting ‘‘24 voting members’’; 

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

15 paragraph (4); and 

16 (iii) by striking paragraphs (5) and 

17 (6) and redesignating paragraph (7) as 

18 paragraph (5); and 

19 (B) in subsection (a–1)(1), by striking sub20 paragraphs (F), (G), and (H). 

21 (2) AUTHORIZATION OF APPROPRIATIONS.— 

22 Section 8 of such Initiative (sec. 1–127, D.C. Offi23 cial Code) is repealed. 

24 (3) APPLICATION OF HONORARIA LIMITA25 TIONS.—Section 4 of D.C. Law 8–135 (sec. 1–131, 

26 D.C. Official Code) is repealed. 


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1 (4) APPLICATION OF CAMPAIGN FINANCE

2 LAWS.—Section 3 of the Statehood Convention Pro3 cedural Amendments Act of 1982 (sec. 1–135, D.C. 

4 Official Code) is repealed. 

5 (5) DISTRICT OF COLUMBIA ELECTIONS CODE

6 OF 1955.—Section 2(13) of the District of Columbia 

7 Elections Code of 1955 (sec. 1–1001.02(13), D.C. 

8 Official Code) is amended by striking ‘‘United States 

9 Senator and Representative,’’. 

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

11 this section shall take effect upon the taking office of the 

12 first Representative and Senators from the District of Co13 lumbia pursuant to this Act. 

14 SEC. 7. EXPEDITED JUDICIAL REVIEW. 

15 If any action is brought to challenge the constitu16 tionality of any provision of this Act or any amendment 

17 made by this Act, the following rules shall apply: 

18 (1) The action shall be filed in the United 

19 States District Court for the District of Columbia 

20 and shall be heard by a 3-judge court convened pur21 suant to section 2284 of title 28, United States 

22 Code. 

23 (2) A copy of the complaint shall be delivered 

24 promptly to the Clerk of the House of Representa25 tives and the Secretary of the Senate. 


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1 (3) A final decision in the action shall be re2 viewable only by appeal directly to the Supreme 

3 Court of the United States. Such appeal shall be 

4 taken by the filing of a notice of appeal within 10 

5 days, and the filing of a jurisdictional statement 

6 within 30 days, of the entry of the final decision. 

7 (4) It shall be the duty of the United States 

8 District Court for the District of Columbia and the 

9 Supreme Court of the United States to advance on 

10 the docket and to expedite to the greatest possible 

11 extent the disposition of the action and appeal. 

12 SEC. 8. NONSEVERABILITY OF PROVISIONS. 

13 If any provision of section 2(a), 2(b)(1), or 3, or any 

14 amendment made by any such section, is declared or held 

15 invalid or unenforceable, the remaining provisions of this 

16 Act and any amendment made by this Act shall be treated 

17 and deemed invalid and shall have no force or effect of 

18 law. 

Æ 


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