< Back to H.R. 266 (112th Congress, 2011–2013)

Text of the District of Columbia Equal Representation Act of 2011

This bill was introduced on January 12, 2011, in a previous session of Congress, but was not enacted. The text of the bill below is as of Jan 12, 2011 (Introduced).

Download PDF

Source: GPO

I

112th CONGRESS

1st Session

H. R. 266

IN THE HOUSE OF REPRESENTATIVES

January 12, 2011

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.

Short title

This Act may be cited as the District of Columbia Equal Representation Act of 2011.

2.

Representation in Congress for District of Columbia

(a)

Representation

(1)

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.

(2)

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)

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.

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.

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 section shall take effect on the date on which a Representative from the District of Columbia takes office for the One Hundred Twelfth Congress.

5.

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)

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.

6.

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.

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.

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.