H.R. 5410 – No Taxation Without Representation Act of 2006

109th CONGRESS

2d Session

H. R. 5410

IN THE HOUSE OF REPRESENTATIVES

May 17, 2006

Ms. Norton 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 State for purposes of representation in the House of Representatives and Senate, and for other purposes.

Short title

This Act may be cited as the No Taxation Without Representation Act of 2006.

Findings

Congress finds the following:

(1)

The residents of the District of Columbia are the only Americans who pay Federal income taxes and who have fought and died in every American war but are denied voting representation in the House of Representatives and the Senate.

(2)

The residents of the District of Columbia suffer the very injustice against which our Founding Fathers fought, because they do not have voting representation as other taxpaying Americans do and are nevertheless required to pay Federal income taxes unlike the Americans who live in the territories.

(3)

The principle of one person, one vote requires that residents of the District of Columbia are afforded full voting representation in the House and the Senate.

(4)

Despite the denial of voting representation, Americans in the Nation’s Capital are third among residents of all States in per capita income taxes paid to the Federal Government.

(5)

Unequal voting representation in our representative democracy is inconsistent with the founding principles of the Nation and the strongly held principles of the American people today.

Representation in Congress for District of Columbia

Notwithstanding any other provision of law, the District of Columbia shall be treated as a State for the purposes of representation in the House of Representatives and the Senate.

Elections

(a)

First elections

(1)

Proclamation

Not later than 30 days after the date of enactment of this Act, the Mayor of the District of Columbia shall issue a proclamation for elections to be held to fill the 2 Senate seats and the seat in the House of Representatives to represent the District of Columbia in Congress.

(2)

Manner of elections

The proclamation of the Mayor of the District of Columbia required by paragraph (1) shall provide for the holding of a primary election and a general election and at such elections the officers to be elected shall be chosen by a popular vote of the residents of the District of Columbia. The manner in which such elections shall be held and the qualification of voters shall be the same as those for local elections, as prescribed by the District of Columbia.

(3)

Classification of Senators

In the first election of Senators from the District of Columbia, the 2 senatorial offices shall be separately identified and designated, and no person may be a candidate for both offices. No such identification or designation of either of the 2 senatorial offices shall refer to or be taken to refer to the terms of such offices, or in any way impair the privilege of the Senate to determine the class to which each of the Senators elected shall be assigned.

(b)

Certification of election

The results of an election for the Senators and Representative from the District of Columbia shall be certified by the Mayor of the District of Columbia in the manner required by law and the Senators and Representative shall be entitled to be admitted to seats in Congress and to all the rights and privileges of Senators and Representatives of the States in the Congress of the United States.

House of Representatives membership

(a)

In general

Upon the date of enactment of this Act, the District of Columbia shall be entitled to 1 Representative until the taking effect of the next reapportionment. Such Representative shall be in addition to the membership of the House of Representatives as now prescribed by law.

(b)

Increase in membership of House of Representatives

Upon the date of enactment of this Act, the permanent membership of the House of Representatives shall increase by 1 seat for the purpose of future reapportionment of Representatives.

(c)

Reapportionment

Upon reapportionment, the District of Columbia shall be entitled to as many seats in the House of Representatives as a similarly populous State would be entitled to under the law.

Providing For Elections for House Members and Senators From District of Columbia

(a)

Application of 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, Senator,.

(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, United States Senator and Representative, and inserting the Representative in the Congress, Senator,.

(3)

In section 8 (sec. 1–1001.08, D.C. Official Code)—

(A)

in the heading, by striking Delegate and inserting Representative, Senator,; 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, Senator,.

(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;

(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); and

(D)

by amending subsection (d)(3) to read as follows:

(3)

In the event of a vacancy in the office of Senator, the Mayor shall appoint a successor to complete the remainder of the term of office.

(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, Senator,.

(6)

In section 15(b) (sec. 1–1001.15(b), D.C. Official Code), by striking Delegate, and inserting Representative in the Congress, Senator,.

(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 and Senator.

(b)

Treatment of District of Columbia Delegate

(1)

Continuation of service

Until the first Representative from the District of Columbia is seated in the House of Representatives, the Delegate in Congress from the District of Columbia shall continue to discharge the duties of his or her office.

(2)

Repeal of office upon election of first representative

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.

(c)

Effective date

Except as provided in section 4(a), the amendments made by this section shall apply with respect to the election of the first Representative and Senators from the District of Columbia pursuant to this Act and each subsequent election of Representatives and Senators from the District of Columbia pursuant to this Act.

Repeal of offices of statehood Representative and Senator

(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 by striking subsections (d), (e), (f), and (g).

(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 24 voting members;

(ii)

by adding and at the end of paragraph (4); and

(iii)

by striking paragraphs (5) and (6) and redesignating paragraph (7) as paragraph (5); and

(B)

in subsection (a–1)(1), by striking subparagraphs (F), (G), and (H).

(2)

Authorization of appropriations

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

(3)

Application of honoraria limitations

Section 4 of D.C. Law 8–135 (sec. 1–131, D.C. Official Code) is repealed.

(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 repealed.

(5)

District of Columbia Elections Code of 1955

Section 2(13) of the District of Columbia Elections Code of 1955 (sec. 1–1001.02(13), D.C. Official Code) is amended by striking United States Senator and Representative,.

(c)

Effective date

The amendments made by this section shall take effect upon the taking office of the first Representative and Senators from the District of Columbia pursuant to this Act.

No Taxation Without Representation Act of 2006

Legislative Activity

Bill Text