[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 363 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 363
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 23, 2013
Ms. Norton (for herself, Mr. Honda, Mr. Farr, Mr. Rangel, Mrs.
Napolitano, Mrs. Christensen, Mr. Rush, Mr. Faleomavaega, Mr. Clay, Mr.
Ellison, Mr. Conyers, Ms. Bordallo, Mr. Cohen, Mr. Blumenauer, Ms. Chu,
and Mr. Pierluisi) 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 2013''.
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 Thirteenth 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 Thirteenth Congress.
SEC. 3. INCREASE IN MEMBERSHIP OF HOUSE OF REPRESENTATIVES.
(a) Permanent Increase in Number of Members.--Effective with
respect to the One Hundred Thirteenth 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 Thirteenth 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 Thirteenth 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--
(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
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 Thirteenth 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.
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