I
112th CONGRESS
1st Session
H. R. 266
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.
Short title
This Act may be cited as the
District of Columbia Equal
Representation Act of 2011
.
Representation in Congress for District of Columbia
Representation
In general
Notwithstanding any other provision of law, effective with respect to the One Hundred Twelfth Congress and each succeeding Congress, the District of Columbia shall be treated as a State for the purposes of representation in the House of Representatives and the Senate.
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.
Conforming Amendments Relating to Apportionment of Members of House of Representatives
Inclusion of District of Columbia 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:
This section shall apply with respect to the District of Columbia in the same manner as this section applies to a State.
.
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);
.
Conforming amendments regarding appointments to service academies
United States military academy
Section 4342 of title 10, United States Code, is amended—
in subsection (a), by striking paragraph (5); and
in subsection (f),
by striking the District of Columbia,
.
United States naval academy
Such title is amended—
in section 6954(a), by striking paragraph (5); and
in section
6958(b), by striking the District of Columbia,
.
United States air force academy
Section 9342 of title 10, United States Code, is amended—
in subsection (a), by striking paragraph (5); and
in subsection (f),
by striking the District of Columbia,
.
Effective date
This subsection and the amendments made by this subsection shall take effect on the date on which a Representative from the District of Columbia takes office for the One Hundred Twelfth Congress.
Increase in Membership of House of Representatives
Permanent Increase in Number of Members
Effective with respect to the One Hundred Twelfth Congress and each succeeding Congress, the House of Representatives shall be composed of 436 Members, including any Members representing the District of Columbia pursuant to section 2(a).
Reapportionment of Members Resulting From Increase
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 Twelfth Congress
.
Effective date
The amendment made by paragraph (1) shall apply with respect to the regular decennial census conducted for 2020 and each subsequent regular decennial census.
Repeal of office of District of Columbia delegate
Repeal of Office
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.
Effective date
The amendments made by this section shall take effect on the date on which a Representative from the District of Columbia takes office for the One Hundred Twelfth Congress.
Providing For Elections for House Members and Senators From District of Columbia
Application of District of Columbia Elections Code of 1955
The District of Columbia Elections Code of 1955 is amended as follows:
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,
.
In section 2 (sec. 1–1001.02, D.C. Official Code)—
by striking paragraph (6); and
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,
.
In section 8 (sec. 1–1001.08, D.C. Official Code)—
in the heading, by
striking Delegate
and inserting Representative,
Senator,
; and
by striking
Delegate,
each place it appears in subsections (h)(1)(A),
(i)(1), and (j)(1) and inserting Representative in the Congress,
Senator,
.
In section 10 (sec. 1–1001.10, D.C. Official Code)—
in subsection (a)(3)(A)—
by
striking or section 206(d) of the District of Columbia Delegate
Act
, and
by
striking the office of Delegate to the House of Representatives
and inserting the office of Representative in the
Congress
;
in subsection
(d)(1), by striking Delegate,
each place it appears;
in subsection (d)(2)—
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
by striking subparagraph (B); and
by amending subsection (d)(3) to read as follows:
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.
.
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,
.
In section 15(b)
(sec. 1–1001.15(b), D.C. Official Code), by striking Delegate,
and inserting Representative in the Congress, Senator,
.
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
.
Effective date
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
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).
Conforming amendments
Statehood commission
Section 6 of such Initiative (sec. 1–125, D.C. Official Code) is amended—
in subsection (a)—
by
striking 27 voting members
and inserting 24 voting
members
;
by
adding and
at the end of paragraph (4); and
by striking paragraphs (5) and (6) and redesignating paragraph (7) as paragraph (5); and
in subsection (a–1)(1), by striking subparagraphs (F), (G), and (H).
Authorization of appropriations
Section 8 of such Initiative (sec. 1–127, D.C. Official Code) is repealed.
Application of honoraria limitations
Section 4 of D.C. Law 8–135 (sec. 1–131, D.C. Official Code) is repealed.
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.
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,
.
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.
Expedited judicial review
If any action is brought to challenge the constitutionality of any provision of this Act or any amendment made by this Act, the following rules shall apply:
The action shall be filed in the United States District Court for the District of Columbia and shall be heard by a 3-judge court convened pursuant to section 2284 of title 28, United States Code.
A copy of the complaint shall be delivered promptly to the Clerk of the House of Representatives and the Secretary of the Senate.
A final decision in the action shall be reviewable only by appeal directly to the Supreme Court of the United States. Such appeal shall be taken by the filing of a notice of appeal within 10 days, and the filing of a jurisdictional statement within 30 days, of the entry of the final decision.
It shall be the duty of the United States District Court for the District of Columbia and the Supreme Court of the United States to advance on the docket and to expedite to the greatest possible extent the disposition of the action and appeal.
Nonseverability of provisions
If any provision of section 2(a), 2(b)(1), or 3, or any amendment made by any such section, is declared or held invalid or unenforceable, the remaining provisions of this Act and any amendment made by this Act shall be treated and deemed invalid and shall have no force or effect of law.