HR 267
112th CONGRESS
1st Session
H. R. 267
To provide for the treatment of the District of Columbia as a State
for purposes of representation in the House of Representatives, 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 for other
purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `District of Columbia House Voting Rights Act
of 2011'.
SEC. 2. REPRESENTATION IN HOUSE OF REPRESENTATIVES FOR DISTRICT OF COLUMBIA.
(a) Representation in House- 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 purposes of representation
in the House of Representatives.
(b) Conforming Amendments Relating to Apportionment of Members of House of
Representatives-
(1) 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:
`(d) This section shall apply with respect to the District of Columbia in
the same manner as this section applies to a State.'.
(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 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);'.
(c) Conforming Amendments Regarding Appointments to Service Academies-
(1) UNITED STATES MILITARY ACADEMY- Section 4342 of title 10, United States
Code, is amended--
(A) in subsection (a), by striking paragraph (5); and
(B) in subsection (f), by striking `the District of Columbia,'.
(2) UNITED STATES NAVAL ACADEMY- Such title is amended--
(A) in section 6954(a), by striking paragraph (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 paragraph (5); and
(B) in subsection (f), by striking `the District of Columbia,'.
(4) 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.
SEC. 3. INCREASE IN MEMBERSHIP OF HOUSE OF REPRESENTATIVES.
(a) 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).
(b) Reapportionment of Members Resulting From Increase-
(1) 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'.
(2) 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.
SEC. 4. REPEAL OF OFFICE OF DISTRICT OF COLUMBIA DELEGATE.
(a) 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.
(b) Effective Date- 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.
SEC. 5. PROVIDING FOR ELECTIONS FOR HOUSE MEMBERS 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,'.
(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,' 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 Congress,'.
(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;
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 `Representative
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 Congress from the District of Columbia' and inserting
`the Representative in the Congress'.
(b) Effective Date- The amendments made by this section shall apply with respect
to the election of the first Representative from the District of Columbia
pursuant to this Act and each subsequent election of Representatives from
the District of Columbia pursuant to this Act.
SEC. 6. REPEAL OF OFFICE OF STATEHOOD REPRESENTATIVE.
(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
as follows:
(1) By striking `offices of Senator and Representative' 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-
(1) STATEHOOD COMMISSION- Section 6 of such Initiative (sec. 1-125, D.C.
Official Code) is amended--
(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 redesignating paragraph (7) as paragraph
(6); and
(B) in subsection (a-1)(1), by striking subparagraph (H).
(2) AUTHORIZATION OF APPROPRIATIONS- Section 8 of such Initiative (sec.
1-127, D.C. Official Code) is amended by striking `and House'.
(3) APPLICATION OF HONORARIA LIMITATIONS- Section 4 of D.C. Law 8-135 (sec.
1-131, D.C. Official Code) is amended by striking `or Representative' each
place it appears.
(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 amended
by striking `and United States Representative'.
(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 take effect
on the date on which a Representative from the District of Columbia takes
office for the One Hundred Twelfth Congress.
SEC. 7. 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:
(1) 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.
(2) A copy of the complaint shall be delivered promptly to the Clerk of
the House of Representatives and the Secretary of the Senate.
(3) 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.
(4) 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.
SEC. 8. 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.
END
