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108th CONGRESS
2d Session
H. R. 4640
To establish the District of Columbia as a Congressional district for
purposes of representation in the House of Representatives, and for
other purposes.
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IN THE HOUSE OF REPRESENTATIVES
June 22, 2004
Mr. Tom Davis of Virginia (for himself, Mr. Shays, Mr. Cannon, Mr.
Bishop of Utah, and Mr. Platts) 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
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A BILL
To establish the District of Columbia as a Congressional district 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 Fairness in
Representation Act'' .
SEC. 2. FINDINGS.
Congress finds as follows:
(1) Over half a million people living in the District of
Columbia, the capital of our democratic Nation, lack direct
voting representation in the United States Senate and House of
Representatives.
(2) District of Columbia residents have fought and died to
defend our democracy in every war since the War of
Independence.
(3) District of Columbia residents pay billions of dollars
in Federal taxes each year.
(4) Our Nation is founded on the principles of ``one
person, one vote'' and ``government by the consent of the
governed''.
SEC. 3. TREATMENT OF DISTRICT OF COLUMBIA AS CONGRESSIONAL DISTRICT.
(a) In General.--Notwithstanding any other provision of law, the
District of Columbia shall be considered a Congressional district for
purposes of representation in the House of Representatives.
(b) Conforming Amendment Regarding Application of Method of Equal
Proportions in Apportionment of House of Representatives.--Section 2(a)
of the Act entitled ``An Act to provide for apportioning
Representatives in Congress among the several States by the equal
proportion method'', approved November 15, 1941 (2 U.S.C. 2b), is
amended by inserting ``or the District of Columbia'' after ``no
State''.
(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,''.
(d) Effective Date.--This section and the amendments made by this
section shall apply with respect to the One Hundred Ninth Congress and
each succeeding Congress.
SEC. 4. TEMPORARY INCREASE IN APPORTIONMENT OF HOUSE OF
REPRESENTATIVES.
(a) In General.--Effective January 3, 2005, and until the taking
effect of the first reapportionment occurring after the regular
decennial census conducted for 2010--
(1) the membership of the House of Representatives shall be
increased by 2 members;
(2) each such Representative shall be in addition to the
membership of the House of Representatives as now prescribed by
law; and
(3) the State identified by the Clerk of the House of
Representatives in the report submitted under subsection (b)
shall be entitled to one additional Representative.
(b) Transmittal of Revised Apportionment Information by President
and Clerk.--
(1) Statement of apportionment by president.--Not later
than 30 days after the date of the enactment of this Act, the
President shall transmit to Congress a revised version of the
most recent statement of apportionment submitted under 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)), to take into account the provisions
of this Act.
(2) Report by clerk.-- Not later than 15 calendar days
after receiving the revised version of the statement of
apportionment under paragraph (1), the Clerk of the House of
Representatives, in accordance with section 22(b) of such Act
(2 U.S.C. 2a(b)), shall send to the executive of each State a
certificate of the number of Representatives to which such
State is entitled under section 22 of such Act, and shall
submit a report to the Speaker of the House of Representatives
identifying the State entitled to one additional Representative
pursuant to this section.
(c) Increase not Counted Against Total Number of Members.--The
temporary increase in the membership of the House of Representatives
provided under subsection (a) shall not--
(1) operate to either increase or decrease the permanent
membership of the House of Representatives as prescribed in the
Act of August 8, 1911 (2 U.S.C. 2);
(2) affect the basis of reapportionment established by the
Act of June 28, 1929, as amended (2 U.S.C. 2a), for the Eighty
Second Congress and each Congress thereafter; or
(3) be taken into account in determining the number of
electors under section 3 of title 3, United States Code, with
respect to the 2004 Presidential election.
SEC. 5. REPEAL OF OFFICE OF DISTRICT OF COLUMBIA DELEGATE.
(a) In General.--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) Conforming Amendments to District of Columbia Elections Code of
1955.--The District of Columbia Elections Code of 1955 is amended--
(1) in section 1 (sec. 1-1001.01, D.C. Official Code), by
striking ``the Delegate to the House of Representatives'';
(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'';
(3) in section 8 (sec. 1-1001.08, D.C. Official Code)--
(A) by striking ``Delegate'' in the heading, and
(B) by striking ``Delegate,'' each place it appears
in subsections (h)(1)(A), (i)(1), and (j)(1);
(4) in section 10 (sec. 1-1001.10, D.C. Official Code)--
(A) by striking subparagraph (A) of subsection
(a)(3), and
(B) in subsection (d)--
(i) by striking ``Delegate,'' each place it
appears in paragraph (1), and
(ii) by striking paragraph (2) and
redesignating paragraph (3) as paragraph (2);
(5) in section 15(b) (sec. 1-1001.15(b), D.C. Official
Code), by striking ``Delegate,''; and
(6) in section 17(a) (sec. 1-1001.17(a), D.C. Official
Code), by striking ``except the Delegate to the Congress from
the District of Columbia''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to elections occurring during 2004 and any
succeeding year.
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''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to elections occurring during 2004 and any
succeeding year.
SEC. 7. NONSEVERABILITY OF PROVISIONS.
If any provision of this Act or any amendment made by this Act is
held invalid, the remaining provisions of this Act or any amendment
made by this Act shall be treated as invalid.
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