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 Com-
mittee on Government Reform, for a period to be subsequently deter-
mined 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 Representa-
tives 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’’. 
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SEC. 2. FINDINGS. 
Congress finds as follows: 
(1) Over half a million people living in the Dis-
trict of Columbia, the capital of our democratic Na-
tion, 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 con-
sent of the governed’’. 
SEC. 3. TREATMENT OF DISTRICT OF COLUMBIA AS CON-
GRESSIONAL DISTRICT. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion 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 AP-
PORTIONMENT OF MEMBERS OF HOUSE OF REPRESENTA-
TIVES.— 
(1) INCLUSION OF SINGLE DISTRICT OF COLUM-
BIA MEMBER IN REAPPORTIONMENT OF MEMBERS 
AMONG STATES.—Section 22 of the Act entitled ‘‘An 
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Act to provide for the fifteenth and subsequent de-
cennial 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 Dis-
trict of Columbia in the same manner as this section ap-
plies to a State, except that the District of Columbia may 
not receive more than one Member under any reapportion-
ment 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 of-
fice;’’ 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 AP-
POINTMENTS TO SERVICE ACADEMIES.— 
(1) UNITED STATES MILITARY ACADEMY.—Sec-
tion 4342 of title 10, United States Code, is amend-
ed— 
(A) in subsection (a), by striking para-
graph (5); and 
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(B) in subsection (f), by striking ‘‘the Dis-
trict of Columbia,’’. 
(2) UNITED STATES NAVAL ACADEMY.—Such 
title is amended— 
(A) in section 6954(a), by striking para-
graph (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 para-
graph (5); and 
(B) in subsection (f), by striking ‘‘the Dis-
trict of Columbia,’’. 
(d) EFFECTIVE DATE.—This section and the amend-
ments made by this section shall apply with respect to the 
One Hundred Tenth Congress and each succeeding Con-
gress. 
SEC. 4. INCREASE IN MEMBERSHIP OF HOUSE OF REP-
RESENTATIVES. 
(a) PERMANENT INCREASE IN NUMBER OF MEM-
BERS.—Effective with respect to the One Hundred Tenth 
Congress and each succeeding Congress, the House of 
Representatives shall be composed of 437 Members, in-
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cluding any Members representing the District of Colum-
bia pursuant to section 3(a). 
(b) REAPPORTIONMENT OF MEMBERS RESULTING 
FROM INCREASE.— 
(1) IN GENERAL.—Section 22(a) of the Act en-
titled ‘‘An Act to provide for the fifteenth and subse-
quent decennial censuses and to provide for appor-
tionment of Representatives in Congress’’, approved 
June 28, 1929 (2 U.S.C. 2a(a)), is amended by 
striking ‘‘the then existing number of Representa-
tives’’ 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 reg-
ular decennial census conducted for 2010 and each 
subsequent regular decennial census. 
(c) SPECIAL RULES FOR PERIOD PRIOR TO 2012 RE-
APPORTIONMENT.— 
(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 apportion-
ment submitted under section 22(a) of the Act enti-
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tled ‘‘An Act to provide for the fifteenth and subse-
quent decennial censuses and to provide for appor-
tionment of Representatives in Congress’’, approved 
June 28, 1929 (2 U.S.C. 2a(a)), to take into ac-
count this Act and the amendments made by this 
Act. 
(2) REPORT BY CLERK.—Not later than 15 cal-
endar days after receiving the revised version of the 
statement of apportionment under paragraph (1), 
the Clerk of the House of Representatives, in ac-
cordance 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 enti-
tled to one additional Representative pursuant to 
this section. 
(3) REQUIREMENTS FOR ELECTION OF ADDI-
TIONAL
MEMBER.—During the period beginning 
with the first day of the One Hundred Tenth Con-
gress and ending with the taking effect of the first 
reapportionment occurring after the regular decen-
nial census conducted for 2010— 
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(A) notwithstanding the Act entitled ‘‘An 
Act for the relief of Doctor Ricardo Vallejo 
Samala and to provide for congressional redis-
tricting’’, 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 sub-
mitted 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 Dis-
trict of Columbia Delegate Act (Public Law 91–405; sec-
tions 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 CO-
LUMBIA ELECTIONS CODE OF 1955.—The District of Co-
lumbia Elections Code of 1955 is amended as follows: 
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(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 Colum-
bia,’’ 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 Con-
gress,’’. 
(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 
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(ii) by striking ‘‘the office of Delegate 
to the House of Representatives’’ and in-
serting ‘‘the office of Representative in the 
Congress’’; 
(B) in subsection (d)(1), by striking ‘‘Dele-
gate,’’ 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 ‘‘Rep-
resentative 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 Con-
gress from the District of Columbia’’ and inserting 
‘‘the Representative in the Congress’’. 
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(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 REPRESENTA-
TIVE. 
(a) IN GENERAL.—Section 4 of the District of Co-
lumbia Statehood Constitutional Convention Initiative of 
1979 (sec. 1–123, D.C. Official Code) is amended as fol-
lows: 
(1) By striking ‘‘offices of Senator and Rep-
resentative’’ 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.— 
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(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 re-
designating paragraph (7) as paragraph 
(6); and 
(B) in subsection (a–1)(1), by striking sub-
paragraph (H). 
(2) AUTHORIZATION
OF
APPROPRIATIONS.— 
Section 8 of such Initiative (sec. 1–127, D.C. Offi-
cial Code) is amended by striking ‘‘and House’’. 
(3) APPLICATION
OF
HONORARIA
LIMITA-
TIONS.—Section 4 of D.C. Law 8–135 (sec. 1–131, 
D.C. Official Code) is amended by striking ‘‘or Rep-
resentative’’ each place it appears. 
(4) 
APPLICATION
OF
CAMPAIGN
FINANCE 
LAWS.—Section 3 of the Statehood Convention Pro-
cedural Amendments Act of 1982 (sec. 1–135, D.C. 
Official Code) is amended by striking ‘‘and United 
States Representative’’. 
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(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. 
Æ 
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