[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 362 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 362

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.


_______________________________________________________________________


                    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, 
Mr. Pierluisi, and Mr. Polis) 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.

    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 Equal 
Representation Act of 2013''.

SEC. 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 Thirteenth 
        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 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 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. 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.

SEC. 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.

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.
                                 <all>