[House Report 110-52]
[From the U.S. Government Publishing Office]



110th Congress                                             Rept. 110-52
                        HOUSE OF REPRESENTATIVES
 1st Session                                                     Part 1

======================================================================



 
          DISTRICT OF COLUMBIA HOUSE VOTING RIGHTS ACT OF 2007

                                _______
                                

                 March 19, 2007.--Ordered to be printed

                                _______
                                

  Mr. Waxman, from the Committee on Oversight and Government Reform, 
                        submitted the following

                              R E P O R T

                             together with

                            ADDITIONAL VIEWS

                        [To accompany H.R. 1433]

      [Including cost estimate of the Congressional Budget Office]

      The Committee on Oversight and Government Reform, to whom 
was referred the bill (H.R. 1433) to provide for the treatment 
of the District of Columbia as a Congressional district for 
purposes of representation in the House of Representatives, and 
for other purposes, having considered the same, report 
favorably thereon with an amendment and recommend that the bill 
as amended do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     5
Background and Need for Legislation..............................     5
Legislative History..............................................     5
Section-by-Section...............................................     6
Explanation of Amendments........................................     7
Committee Consideration..........................................     7
Rollcall Votes...................................................     8
Application of Law to the Legislative Branch.....................    11
Statement of Oversight Findings and Recommendations of the 
  Committee......................................................    11
Statement of General Performance Goals and Objectives............    11
Constitutional Authority Statement...............................    11
Federal Advisory Committee Act...................................    11
Unfunded Mandates Statement......................................    11
Earmark Identification...........................................    12
Committee Estimate...............................................    12
Budget Authority and Congressional Budget Office Cost Estimate...    12
Changes in Existing Law Made by the Bill, as Reported............    14
Additional Views of Representative Tom Davis.....................    27

  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``District of Columbia House Voting 
Rights Act of 2007''.

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) Representation in House of Representatives.--
          (1) In general.--Whereas the District of Columbia is drawn 
        from the State of Maryland, 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.
          (2) No representation provided in senate.--The District of 
        Columbia shall not be considered a State for purposes of 
        representation in the Senate.
  (b) Conforming Amendments Relating to Apportionment of Members of 
House of Representatives.--
          (1) Inclusion of single district of columbia member 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, except 
that the District of Columbia may not receive more than one Member 
under any reapportionment of Members.''.
          (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 Tenth Congress.

SEC. 4. INCREASE IN MEMBERSHIP OF HOUSE OF REPRESENTATIVES.

  (a) Permanent Increase in Number of Members.--Effective with respect 
to the One Hundred Tenth Congress and each succeeding Congress, the 
House of Representatives shall be composed of 437 Members, including 
any Members representing the District of Columbia pursuant to section 
3(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 Tenth Congress''.
          (2) Effective date.--The amendment made by paragraph (1) 
        shall apply with respect to the regular decennial census 
        conducted for 2010 and each subsequent regular decennial 
        census.
  (c) Special Rules For Period Prior to 2012 Reapportionment.--
          (1) Transmittal of revised 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 
        this Act and the amendments made by 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 
        (other than the District of Columbia) which is entitled to one 
        additional Representative pursuant to this section.
          (3) Requirements for election of additional member.--During 
        the One Hundred Tenth Congress, the One Hundred Eleventh 
        Congress, and the One Hundred Twelfth Congress--
                  (A) notwithstanding the Act entitled ``An Act for the 
                relief of Doctor Ricardo Vallejo Samala and to provide 
                for congressional redistricting'', approved December 
                14, 1967 (2 U.S.C. 2c), the additional Representative 
                to which the State identified by the Clerk of the House 
                of Representatives in the report submitted under 
                paragraph (2) is entitled shall be elected from the 
                State at large; and
                  (B) the other Representatives to which such State is 
                entitled shall be elected on the basis of the 
                Congressional districts in effect in the State for the 
                One Hundred Ninth Congress.
  (d) Seating of New Members.--The first Representative from the 
District of Columbia and the first additional Representative to which 
the State identified by the Clerk of the House of Representatives in 
the report submitted under subsection (c) is entitled shall each be 
sworn in and seated as Members of the House of Representatives on the 
same date.

SEC. 5. REPEAL OF OFFICE OF DISTRICT OF COLUMBIA DELEGATE.

  (a) Repeal of Office.--
          (1) 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.
          (2) 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 Tenth 
        Congress.
  (b) Conforming Amendments to 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(a) 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''.

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 Tenth Congress.

SEC. 7. NONSEVERABILITY OF PROVISIONS.

  If any provision of this Act, or any amendment made by this Act, 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.

                          Purpose and Summary

    H.R. 1433, the District of Columbia House Voting Rights Act 
of 2007, was introduced on March 9, 2007, by Congresswoman 
Eleanor Holmes Norton and Reps. Tom Davis, John Conyers Jr., 
Todd Russell Platts, Henry A. Waxman, Christopher Shays, Steny 
H. Hoyer, Darrell E. Issa, Jerrold Nadler, Jon C. Porter, and 
Jim Matheson. The legislation treats the District of Columbia 
as a congressional district for the purpose of representation 
in the House of Representatives and increases the size of the 
House by two seats. One of the newly created seats will go to 
the District of Columbia and the other will go to the next 
state in line to get a congressional seat based on the 2000 
Decennial Census.

                  Background and Need for Legislation

    There are approximately 600,000 people living in the 
District of Columbia. District residents pay billions of 
dollars in federal taxes. They proudly serve in the military 
and have sacrificed their lives in every war since the American 
Revolution. Many District residents dedicate their service to 
working for the federal government. Yet these Americans have no 
vote in Congress.
    H.R. 1433, the District of Columbia House Voting Rights 
Act, designates the District of Columbia as a congressional 
district for purposes of representation in the House of 
Representatives. The bill also increases the size of the House 
by two seats, with one seat designated for the District of 
Columbia and the other designated for the next state in line to 
get a congressional seat. Based on the apportionment conducted 
pursuant to the 2000 Decennial Census, that state is Utah. This 
bill follows the tradition of increasing representation in the 
House in a politically neutral way.
    This bill prevents partisan gerrymandering by creating the 
new seat for Utah as an at-large seat and by ensuring that Utah 
does not redistrict its other congressional seats until 
apportionment is conducted following the 2010 census.
    This bill also contains a nonseverability clause providing 
that if a court holds or declares one section of this bill 
invalid or unenforceable, all other sections will be invalid or 
unenforceable. Therefore, a court cannot strike down any 
provision in the bill, or issue a preliminary or permanent 
injunction preventing enforcement of any provision in the bill, 
without striking down or enjoining all provisions of the bill. 
Simply put, if the House seat for the District of Columbia or 
the House seat for Utah is blocked by a court order, whether 
preliminary or final, the other House seat shall also be 
blocked to preserve the principle of political neutrality that 
underlies the legislation.

                          Legislative History

    H.R. 1433 was introduced on March 9, 2007, and referred to 
the Committee on Oversight and Government Reform. Similar 
legislation, H.R. 5388, the District of Columbia Fair and Equal 
House Voting Rights Act of 2006, was introduced in the 109th 
Congress and reported by the Committee on a 29-4 rollcall vote.
    The Committee held a markup to consider H.R. 1433 on March 
13, 2007, and ordered the bill reported on a roll call vote of 
24-5.

                           Section-by-Section


Section 1. Short title

    This section provides that the short title of H.R. 1433 is 
the ``District of Columbia House Voting Rights Act of 2007.''

Section 2. Findings

    This section includes findings of Congress.

Section 3. Treatment of District of Columbia as congressional district

    Section (a) grants the District of Columbia a vote in the 
House of Representatives by providing that the District be 
considered a congressional district for purposes of 
representation in the House of Representatives and not a state 
for purposes of Senate representation.
    Section (b) provides that the District of Columbia only 
will receive one seat under reapportionment and clarifies that 
the number of presidential electors from the District of 
Columbia will continue to be subject to the twenty-third 
amendment to the Constitution which grants the District the 
right to choose electors for President and Vice President.
    Section (c) contains conforming amendments regarding 
service academies.

Section 4. Increase in membership of House of Representatives

    Section (a) increases the size of the House of 
Representatives by two members, from 435 to 437, and provides 
that one of the newly created seats will go to the District of 
Columbia.
    Section (b) provides that the other seat will go to the 
next state in line under the apportionment formula. Based on 
the 2000 Decennial Census and apportionment calculations, Utah 
will get the second seat.
    Section (c) requires the new Utah seat to be an at-large 
seat through the 112th Congress. Also, any other 
representatives elected from Utah must be elected based on 
Utah's congressional districts as they existed in the 109th 
Congress through the 112th Congress.
    Section (d) requires that both of the members elected to 
the newly created seats be sworn in and seated on the same day.

Section 5. Repeal of Office of District of Columbia Delegate

    This section repeals the Office of the District of Columbia 
Delegate. Providing the District with a voting representative 
in Congress negates the need for a non-voting congressional 
delegate.

Section 6. Repeal of Office of Statehood Representative

    This section ends the Office of Statehood Representative, 
but leaves intact the Office of Statehood Senator.

Section 7. Nonseverability of provisions

    This section specifies that if a court holds or declares 
one section of this bill invalid or unenforceable, all other 
sections will be invalid or unenforceable. Under this language, 
no section of this legislation can have legal effect unless the 
entire bill has legal effect. If any section of the bill should 
be subject to an injunction, whether preliminary or permanent, 
the entire bill must be subject to the same injunction. This 
section clarifies that any result that would grant a seat to 
Utah and not the District is counter to the intent of Congress 
and vice-versa.

                       Explanation of Amendments

    Five amendments were considered by the Committee:
    Mr. Westmoreland offered an amendment, passed by voice 
vote, to clarify that the District of Columbia shall not be 
considered a state for purposes of representation in the 
Senate.
    Mr. Issa offered an amendment, passed by voice vote, 
recognizing that the District of Columbia is drawn from the 
State of Maryland.
    Mr. McHenry offered an amendment to cede the District of 
Columbia back to the state of Maryland. The amendment was ruled 
not germane. Mr. McHenry requested an appeal of the ruling of 
the Chair. The Committee voted to sustain the ruling of the 
Chair by a 17-5 rollcall vote.
    Mr. McHenry offered an amendment to prevent the bill from 
taking effect until a Constitutional amendment is ratified 
giving Congress the authority to enact legislation granting 
representation in Congress. The amendment was ruled not 
germane.
    Mr. Westmoreland offered an amendment, rejected on a 4-22 
rollcall vote, to require that if there is no ``partisan 
balance'' in added representation then the bill is null and 
void.

                        Committee Consideration

    On Tuesday, March 13, 2007, the Committee met in open 
session and favorably ordered the bill, H.R. 1433, to be 
reported, by a rollcall vote.


              Application of Law to the Legislative Branch

    Section 102(b)(3) of Public Law 104-1 requires a 
description of the application of this bill to the legislative 
branch where the bill relates to terms and conditions of 
employment or access to public services and accommodations.
    H.R. 1433 applies to the legislative branch in that it 
increases the size of the House of Representatives by two 
seats. This bill does not relate to terms and conditions of 
employment or access to public services and accommodations.

  Statement of Oversight Findings and Recommendations of the Committee

    In compliance with clause 3(c)(1) of rule XIII and clause 
(2)(b)(1) of rule X of the Rules of the House of 
Representatives, the Committee's oversight findings and 
recommendations are reflected in the descriptive portions of 
this report, including that there are approximately 600,000 
people living in the District of Columbia and they do not have 
representation in Congress.

         Statement of General Performance Goals and Objectives

    In accordance with clause 3(c)(4) of rule XIII of the Rules 
of the House of Representatives, the Committee's performance 
goals and objectives are reflected in the descriptive portions 
of this report, including the consideration of the District of 
Columbia as a congressional district for the purpose of 
representation in the House of Representatives and increasing 
the size of the House by two seats.

                   Constitutional Authority Statement

    Under clause 3(d)(1) of rule XIII of the Rules of the House 
of Representatives, the Committee must include a statement 
citing the specific powers granted to Congress to enact the law 
proposed by H.R. 1433. Article I, Section 8, Clauses 17 and 18, 
Article I, Section 4, Clause 1, and Article I, Section 2, 
Clause 1 of the Constitution of the United States grant the 
Congress the power to enact this law.

                     Federal Advisory Committee Act

    The Committee finds that the legislation does not establish 
or authorize the establishment of an advisory committee within 
the definition of 5 U.S.C. App., Section 5(b).

                      Unfunded Mandates Statement

    Section 423 of the Congressional Budget and Impoundment 
Control Act (as amended by Section 101(a)(2) of the Unfunded 
Mandates Reform Act, P.L. 104-4) requires a statement on 
whether the provisions of the report include unfunded mandates. 
In compliance with this requirement the Committee has received 
a letter from the Congressional Budget Office included herein.

                         Earmark Identification

    H.R. 1433 does not include any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9(d), 9(e), or 9(f) of rule XXI.

                           Committee Estimate

    Clause 3(d)(2) of rule XIII of the Rules of the House of 
Representatives requires an estimate and a comparison by the 
Committee of the costs that would be incurred in carrying out 
H.R. 1433. However, clause 3(d)(3)(B) of that rule provides 
that this requirement does not apply when the Committee has 
included in its report a timely submitted cost estimate of the 
bill prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act.

     Budget Authority and Congressional Budget Office Cost Estimate

    With respect to the requirements of clause 3(c)(2) of rule 
XIII of the Rules of the House of Representatives and section 
308(a) of the Congressional Budget Act of 1974 and with respect 
to requirements of clause 3(c)(3) of rule XIII of the Rules of 
the House of Representatives and section 402 of the 
Congressional Budget Act of 1974, the Committee has received 
the following cost estimate for H.R. 1433 from the Director of 
the Congressional Budget Office:

                                                    March 16, 2007.
Hon. Henry A. Waxman,
Chairman, Committee on Oversight and Government Reform,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 1433, the District 
of Columbia House Voting Rights Act of 2007.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contacts are Matthew 
Pickford (for federal costs), and Melissa Merrell (for the 
state and local impact).
            Sincerely,
                                                   Peter R. Orszag.
    Enclosure.

H.R. 1433--District of Columbia House Voting Rights Act of 2007

    Summary: H.R. 1433 would expand the number of Members in 
the House of Representatives from 435 to 437 during the 110th 
Congress. The legislation would provide the District of 
Columbia with one Representative and add one new at-large 
Member (after a special election). Under H.R. 1433, the new at-
large seat would initially be assigned to the state of Utah and 
then would be reallocated based on the next Congressional 
apportionment following the 2010 census.
    CBO estimates that enacting the bill would increase direct 
spending by about $200,000 in 2008 and by about $2.5 million 
over the 2008-2017 period. In addition, implementing the bill 
would have discretionary costs of about $1 million in 2008 and 
about $9 million over the 2008-2012 period, assuming the 
availability of the appropriated funds.
    H.R. 1433 contains an intergovernmental mandate as defined 
in the Unfunded Mandates Reform Act (UMRA), but CBO estimates 
that the costs would not be significant and would not exceed 
the threshold established in UMRA ($66 million in 2007, 
adjusted annually for inflation). The bill contains no private-
sector mandates as defined in UMRA.
    Estimated cost to the federal Government: The estimated 
budgetary impact of H.R. 1433 is shown in the following table. 
The costs of this legislation fall within budget function 800 
(general government).

----------------------------------------------------------------------------------------------------------------
                                                          By fiscal year, in millions of dollars--
                                           ---------------------------------------------------------------------
                                             2008   2009   2010   2011   2012   2013   2014   2015   2016   2017
----------------------------------------------------------------------------------------------------------------
                                           CHANGES IN DIRECT SPENDING

New Representative's Salary and Benefits:
    Estimated Budget Authority............      *      *      *      *      *      *      *      *      *      *
    Estimated Outlays.....................      *      *      *      *      *      *      *      *      *      *

                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION

New Representative's Office and
 Administrative Expenses:
    Estimated Authorization Level.........      1      2      2      2      2      2      2      2      2      2
    Estimated Outlays.....................      1      2      2      2      2      2      2      2      2     2
----------------------------------------------------------------------------------------------------------------
Note.--* = less than $500,000.

    Basis of estimate: For this estimate, CBO assumes that the 
bill will be enacted before the start of fiscal year 2008, that 
Utah will hold a special election before or early in the second 
session of the 110th Congress, and that spending will follow 
historical patterns for Congressional office spending.
    The legislation would permanently expand the number of 
Members in the House of Representatives by two to 437 Members. 
The new representatives would take office on the same day. One 
new Member would represent the District of Columbia and the 
other would be a Representative at-large for the state of Utah 
until the next apportionment based on the 2010 census. The 
District of Columbia currently has a nonvoting delegate to the 
House of Representatives and would not hold a special election. 
H.R. 1433 would establish voting representation for the 
conversion of the District's delegate to Representative and 
would not add significant costs since the position is already 
funded with the same salary and administrative support as other 
Representatives.

Direct spending

    Enacting H.R. 1433 would increase direct spending for the 
salary and associated benefits for the new at-large 
Representative. CBO estimates that the increase in direct 
spending for the Congressional salary and benefits would be 
about $2.5 million over the 2008-2017 period.
    That estimate assumes that the current Congressional salary 
of $165,200 would be adjusted for inflation. With benefits, the 
2008 cost would be about $200,000.

Spending subject to appropriation

    Based on the current administrative and expense allowances 
available for Members and other typical Congressional office 
costs, CBO estimates that the addition of a new Member would 
cost about $1 million in fiscal year 2008 and about $9 million 
over the 2008-2012 period, subject to the availability of 
appropriated funds.
    Estimated impact on state, local, and tribal governments: 
H.R. 1433 contains an intergovernmental mandate as defined in 
UMRA because it would temporarily preempt laws in the state of 
Utah that govern the election of Members of the House of 
Representatives. The bill would require the state to elect an 
additional Member of the House using a statewide election. The 
state may derive benefits from having an additional Member of 
the House of Representatives. However, Utah could incur some 
costs to hold a special election in 2007 or 2008 and would 
incur small marginal costs to elect the additional Member 
through the 2010 election cycle. CBO estimates that those costs 
would not be significant and would not exceed the threshold 
established in UMRA ($66 million in 2007, adjusted annually for 
inflation.)
    Estimated impact on the private sector: The legislation 
contains no new private-sector mandates as defined in UMRA.
    Previous CBO estimate: On March 16, 2007, CBO also provided 
a cost estimate for H.R. 1433 as ordered reported by the House 
Committee on the Judiciary on March 15, 2007. The two versions 
of the bill are similar, and our cost estimates are the same.
    Estimate prepared by: Federal Costs: Matthew Pickford. 
Impact on State, Local, and Tribal Governments: Melissa 
Merrell. Impact on the Private-Sector: Paige Piper/Bach.
    Estimate approved by: Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

                 SECTION 22 OF THE ACT OF JUNE 18, 1929


 AN ACT To provide for the fifteenth and subsequent decennial censuses 
    and to provide for apportionment of Representatives in Congress.

  Sec. 22. (a) On the first day, or within one week thereafter, 
of the first regular session of the Eighty-second Congress and 
of each fifth Congress thereafter, the President shall transmit 
to the Congress a statement showing the whole number of persons 
in each State, excluding Indians not taxed, as ascertained 
under the seventeenth and each subsequent decennial census of 
the population, and the number of Representatives to which each 
State would be entitled under an apportionment of [the then 
existing number of Representatives] the number of 
Representatives established with respect to the One Hundred 
Tenth Congress by the method known as the method of equal 
proportions, no State to receive less than one Member.

           *       *       *       *       *       *       *

  (d) This section shall apply with respect to the District of 
Columbia in the same manner as this section applies to a State, 
except that the District of Columbia may not receive more than 
one Member under any reapportionment of Members.
                              ----------                              


                SECTION 3 OF TITLE 3, UNITED STATES CODE

                           NUMBER OF ELECTORS

  Sec. 3. The number of electors shall be equal to the number 
of Senators and Representatives to which the several States are 
by law entitled at the time when the President and Vice 
President to be chosen [come into office;] 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); except, that where no apportionment of 
Representatives has been made after any enumeration, at the 
time of choosing electors, the number of electors shall be 
according to the then existing apportionment of Senators and 
Representatives.
                              ----------                              


TITLE 10, UNITED STATES CODE

           *       *       *       *       *       *       *


Subtitle B--Army

           *       *       *       *       *       *       *


PART III--TRAINING

           *       *       *       *       *       *       *


CHAPTER 403--UNITED STATES MILITARY ACADEMY

           *       *       *       *       *       *       *


Sec. 4342. Cadets: appointment; numbers, territorial distribution

  (a) The authorized strength of the Corps of Cadets of the 
Academy (determined for any year as of the day before the last 
day of the academic year) is 4,000 or such higher number as may 
be prescribed by the Secretary of the Army under subsection 
(j). Subject to that limitation, cadets are selected as 
follows:
          (1) * * *

           *       *       *       *       *       *       *

          [(5) Five cadets from the District of Columbia, 
        nominated by the Delegate to the House of 
        Representatives from the District of Columbia.]

           *       *       *       *       *       *       *

  (f) Each candidate for admission nominated under clauses (3) 
through (9) of subsection (a) must be domiciled in the State, 
or in the congressional district, from which he is nominated, 
or in [the District of Columbia,] Puerto Rico, American Samoa, 
Guam, or the Virgin Islands, if nominated from one of those 
places.

           *       *       *       *       *       *       *


Subtitle C--Navy and Marine Corps

           *       *       *       *       *       *       *


PART III--EDUCATION AND TRAINING

           *       *       *       *       *       *       *


CHAPTER 603--UNITED STATES NAVAL ACADEMY

           *       *       *       *       *       *       *


Sec. 6954. Midshipmen: number

  (a) The authorized strength of the Brigade of Midshipmen 
(determined for any year as of the day before the last day of 
the academic year) is 4,000 or such higher number as may be 
prescribed by the Secretary of the Navy under subsection (h). 
Subject to that limitation, midshipmen are selected as follows:
          (1) * * *

           *       *       *       *       *       *       *

          [(5) Five from the District of Columbia, nominated by 
        the Delegate to the House of Representatives from the 
        District of Columbia.]

           *       *       *       *       *       *       *


Sec. 6958. Midshipmen: qualifications for admission

  (a) * * *
  (b) Each candidate for admission nominated under clauses (3) 
through (9) of section 6954(a) of this title must be domiciled 
in the State, or in the congressional district, from which he 
is nominated, or in [the District of Columbia,] Puerto Rico, 
American Samoa, Guam, or the Virgin Islands, if nominated from 
one of those places.

           *       *       *       *       *       *       *


Subtitle D--Air Force

           *       *       *       *       *       *       *


PART III--TRAINING

           *       *       *       *       *       *       *


CHAPTER 903--UNITED STATES AIR FORCE ACADEMY

           *       *       *       *       *       *       *


Sec. 9342. Cadets: appointment; numbers, territorial distribution

  (a) The authorized strength of Air Force Cadets of the 
Academy (determined for any year as of the day before the last 
day of the academic year) is 4,000 or such higher number as may 
be prescribed by the Secretary of the Air Force under 
subsection (j). Subject to that limitation, Air Force Cadets 
are selected as follows:
          (1) * * *

           *       *       *       *       *       *       *

          [(5) Five cadets from the District of Columbia, 
        nominated by the Delegate to the House of 
        Representatives from the District of Columbia.]

           *       *       *       *       *       *       *

  (f) Each candidate for admission nominated under clauses (3) 
through (9) of subsection (a) must be domiciled in the State, 
or in the congressional district, from which he is nominated, 
or in [the District of Columbia,] Puerto Rico, American Samoa, 
Guam, or the Virgin Islands, if nominated from one of those 
places.

           *       *       *       *       *       *       *

                              ----------                              


                   DISTRICT OF COLUMBIA DELEGATE ACT

TITLE II--DISTRICT OF COLUMBIA DELEGATE TO THE HOUSE OF REPRESENTATIVES

                              SHORT TITLE

  Sec. 201. This title may be cited as the ``District of 
Columbia Delegate Act''.

               [DELEGATE TO THE HOUSE OF REPRESENTATIVES

  [Sec. 202. (a) The people of the District of Columbia shall 
be represented in the House of Representatives by a Delegate, 
to be known as the ``Delegate to the House of Representatives 
from the District of Columbia'', who shall be elected by the 
voters of the District of Columbia in accordance with the 
District of Columbia Election Act. The Delegate shall have a 
seat in the House of Representatives, with the right of debate, 
but not of voting, shall have all the privileges granted a 
Representative by section 6 of Article I of the Constitution, 
and shall be subject to the same restrictions and regulations 
as are imposed by law or rules on Representatives. The Delegate 
shall be elected to serve during each Congress.
  [(b) No individual may hold the office of Delegate to the 
House of Representatives from the District of Columbia unless 
on the date of his election--
          [(1) he is a qualified elector (as that term is 
        defined in section 2(2) of the District of Columbia 
        Election Act) of the District of Columbia;
          [(2) he is at least twenty-five years of age;
          [(3) he holds no other paid public office; and
          [(4) he has resided in the District of Columbia 
        continuously since the beginning of the three-year 
        period ending on such date.
He shall forfeit his office upon failure to maintain the 
qualifications required by this subsection.]

           *       *       *       *       *       *       *


  [OTHER PROVISIONS AND AMENDMENTS RELATING TO THE ESTABLISHMENT OF A 
 DELEGATE TO THE HOUSE OF REPRESENTATIVES FROM THE DISTRICT OF COLUMBIA

  [Sec. 204. (a) The provisions of law which appear in--
          [(1) section 25 (relating to oath of office),
          [(2) section 31 (relating to compensation),
          [(3) section 34 (relating to payment of 
        compensation),
          [(4) section 35 (relating to payment of 
        compensation),
          [(5) section 37 (relating to payment of 
        compensation),
          [(6) section 38a (relating to compensation),
          [(7) section 39 (relating to deductions for absence),
          [(8) section 40 (relating to deductions for 
        withdrawal),
          [(9) section 40a (relating to deductions for 
        delinquent indebtedness),
          [(10) section 41 (relating to prohibition on 
        allowance for newspapers),
          [(11) section 42c (relating to postage allowance),
          [(12) section 46b (relating to stationery allowance),
          [(13) section 46b-1 (relating to stationery 
        allowance),
          [(14) section 46b-2 (relating to stationery 
        allowance),
          [(15) section 46g (relating to telephone, telegraph, 
        and radiotelegraph allowance),
          [(16) section 47 (relating to payment of 
        compensation),
          [(17) section 48 (relating to payment of 
        compensation),
          [(18) section 49 (relating to payment of 
        compensation),
          [(19) section 50 (relating to payment of 
        compensation),
          [(20) section 54 (relating to provision of United 
        States Code Annotated or Federal Code Annotated),
          [(21) section 60g-1 (relating to clerk hire),
          [(22) section 60g-2(a) (relating to interns),
          [(23) section 80 (relating to payment of 
        compensation),
          [(24) section 81 (relating to payment of 
        compensation),
          [(25) section 82 (relating to payment of 
        compensation),
          [(26) section 92 (relating to clerk hire),
          [(27) section 92b (relating to pay of clerical 
        assistants),
          [(28) section 112e (relating to electrical and 
        mechanical office equipment),
          [(29) section 122 (relating to office space in the 
        District of Columbia), and
          [(30) section 123b (relating to use of House 
        Recording Studio),

of title 2 of the United States Code shall apply with respect 
to the Delegate to the House of Representatives from the 
District of Columbia in the same manner and to the same extent 
as they apply with respect to a Representative. The Federal 
Corrupt Practices Act and the Federal Contested Election Act 
shall apply with respect to the Delegate to the House of 
Representatives from the District of Columbia in the same 
manner and to the same extent as they apply with respect to a 
Representative.
  [(b) Section 2106 of title 5 of the United States Code is 
amended by inserting ``a Delegate from the District of 
Columbia,'' immediately after ``House of Representatives,''.
  [(c) Sections 4342(a)(5), 6954(a)(5), and 9342(a)(5) of title 
10 of the United States Code are each amended by striking out 
``by the Commissioner of that District'' and inserting in lieu 
thereof ``by the Delegate to the House of Representatives from 
the District of Columbia''.
  [(d)(1) Section 201(a) of title 18 of the United States Code 
is amended by inserting ``the Delegate from the District of 
Columbia,'' immediately after ``Member of Congress,''.
  [(2) Sections 203(a)(1) and 204 of title 18 of the United 
States Code are each amended by inserting ``Delegate from the 
District of Columbia, Delegate Elect from the District of 
Columbia,'' immediately after ``Member of Congress Elect,''.
  [(3) Section 203(b) of title 18 of the United States Code is 
amended by inserting ``Delegate,'' immediately after 
``Member,''.
  [(4) The last undesignated paragraph of section 591 of title 
18 of the United States Code is amended by inserting ``the 
District of Columbia and'' immediately after ``includes''.
  [(5) Section 594 of title 18 of the United States Code is 
amended (1) by striking out ``or'' immediately after 
``Senate,'', and (2) by striking out ``Delegates or 
Commissioners from the Territories and possessions'' and 
inserting in lieu thereof ``Delegate from the District of 
Columbia, or Resident Commissioner''.
  [(6) Section 595 of title 18 of the United States Code is 
amended by striking out ``or Delegate or Resident Commissioner 
from any Territory or Possession'' and inserting in lieu 
thereof ``Delegate from the District of Columbia, or Resident 
Commissioner''.
  [(e) Section 11(c) of the Voting Rights Act of 1965 (42 
U.S.C. 1973i(c)) is amended by striking out ``or Delegates or 
Commissioners from the territories or possessions'' and 
inserting in lieu thereof ``Delegate from the District of 
Columbia''.
  [(f) The second sentence in the second paragraph of section 7 
of the District of Columbia Alcoholic Beverage Control Act 
(D.C. Code, sec. 25-107) is amended by striking out ``the 
presidential election'' and inserting in lieu thereof ``any 
election''.]

           *       *       *       *       *       *       *

                              ----------                              


DISTRICT OF COLUMBIA OFFICIAL CODE

           *       *       *       *       *       *       *


TITLE 1--GOVERNMENT ORGANIZATION

           *       *       *       *       *       *       *


CHAPTER 1--DISTRICT OF COLUMBIA GOVERNMENT DEVELOPMENT

           *       *       *       *       *       *       *


SUBCHAPTER II--STATEHOOD

           *       *       *       *       *       *       *


PART A--CONSTITUTIONAL CONVENTION INITIATIVE

           *       *       *       *       *       *       *


SUBPART I--GENERAL

           *       *       *       *       *       *       *


Sec. 1--123. Call of convention; duties of convention; adoption of 
                    constitution; rejection of constitution; election 
                    of Senator and Representative.

  (a) * * *

           *       *       *       *       *       *       *

  (d)(1) Following the approval of a proposed constitution by a 
majority of the electors voting thereon, there shall be held an 
election of candidates for the [offices of Senator and 
Representative] office of Senator from the new state. Such 
election shall be partisan and shall be held at the next 
regularly scheduled primary and general elections following 
certification by the District of Columbia Board of Elections 
and Ethics that the proposed constitution has been approved by 
a majority of the electors voting thereon. In the event that 
the proposed constitution is approved by the electors at the 
general election to be held in November, 1982, the primary and 
general elections authorized by this paragraph shall be held in 
September, 1990, and November, 1990, respectively.
  (2) The qualifications for candidates for the [offices of 
Senator and Representative] office of Senator shall conform 
with the provisions of Article I of the United States 
Constitution and the primary and general elections shall follow 
the same electoral procedures as provided for candidates for 
nonvoting Delegate of the District of Columbia in the District 
of Columbia Election Code of 1955, subchapter I of Chapter 10 
of this title. The term of the 1st Representative elected 
pursuant to this initiative shall begin on January 2, 1991, and 
shall expire on January 2, 1993. The terms of the 1st Senators 
elected pursuant to this initiative shall begin on January 2, 
1991, and shall expire on January 2, 1997, and January 2, 1995, 
respectively. At the initial election, the candidate for 
Senator receiving the highest number of votes will receive the 
longer term and the candidate receiving the second highest 
number of votes will receive the shorter term. A primary and a 
general election to replace [a Representative or] a Senator 
whose term is about to expire shall be held in September and in 
November respectively, of the year preceding the year during 
which the term of [the Representative or] the Senator expires. 
Each [Representative shall be elected for a 2-year term and 
each] Senator shall be elected for a 6-year term as prescribed 
by the Constitution of the United States.
  (3) The District of Columbia Board of Elections and Ethics 
shall:
          (A) Conduct elections to fill the positions of 2 
        United States Senators [and 1 United States 
        Representative]; and

           *       *       *       *       *       *       *

  (e) A [Representative or] Senator elected pursuant to this 
subchapter shall be a public official as defined in Sec. 1--
1106.02(a), and subscribe to the oath or affirmation of office 
provided for in Sec. 1--604.08.
  (f) A [Representative or] Senator:
          (1) * * *

           *       *       *       *       *       *       *

  (g)(1) A [Representative or] Senator may solicit and receive 
contributions to support the purposes and operations of the 
[Representative's or] Senator's public office. A 
[Representative or] Senator may accept services, monies, gifts, 
endowments, donations, or bequests. A [Representative or] 
Senator shall establish a District of Columbia statehood fund 
in 1 or more financial institutions in the District of 
Columbia. There shall be deposited in each fund any gift or 
contribution in whatever form, and any monies not included in 
annual Congressional appropriations. A [Representative or] 
Senator is authorized to administer the [Representative's or] 
Senator's respective fund in any manner the [Representative or] 
Senator deems wise and prudent, provided that the 
administration is lawful, in accordance with the fiduciary 
responsibilities of public office, and does not impose any 
financial burden on the District of Columbia.
  (2) Contributions may be expended for the salary, office, or 
other expenses necessary to support the purposes and operations 
of the public office of a [Representative or] Senator, however, 
each [Representative or] Senator shall receive compensation no 
greater than the compensation of the Chairman of the Council of 
the District of Columbia, as provided in Sec. 1--204.03 and 
Sec. 1--611.09.
  (3) Each [Representative or] Senator shall file with the 
Director of Campaign Finance a quarterly report of all 
contributions received and expenditures made in accordance with 
paragraph (1) of this subsection. No campaign activities 
related to election or re-election to the office of 
[Representative or] Senator shall be conducted nor shall 
expenditures for campaign literature or paraphernalia be 
authorized under paragraph (1) of this subsection.
  (4) The recordkeeping requirements of subchapter I of Chapter 
11 of this title, shall apply to contributions and expenditures 
made under paragraph (1) of this subsection.
  (5) Upon expiration of a [Representative's or] Senator's term 
of office and where the [Representative or] Senator has not 
been re-elected, the [Representative's or] Senator's statehood 
fund, established in accordance with paragraph (1) of this 
subsection, shall be dissolved and any excess funds shall be 
used to retire the [Representative's or] Senator's debts for 
salary, office, or other expenses necessary to support the 
purposes and operation of the public office of the 
[Representative or] Senator. Any remaining funds shall be 
donated to an organization operating in the District of 
Columbia as a not-for-profit organization within the meaning of 
section 501(c) of the Internal Revenue Code of 1986, approved 
October 22, 1986 (100 Stat. 2085; 26 U.S.C. 501(c)).
  (h) A [Representative or] Senator elected pursuant to 
subsection (d) of this section, shall be subject to recall 
pursuant to Sec. 1--1001.18, during the period of the 
[Representative's or] Senator's service prior to the admission 
of the proposed new state into the union.

           *       *       *       *       *       *       *


Sec. 1--125. Statehood Commission.

  (a) The Statehood Commission shall consist of [27] 26 voting 
members appointed in the following manner:
          (1) * * *

           *       *       *       *       *       *       *

          (5) The United States Senators shall each appoint 1 
        member; and
          [(6) The United States Representative shall appoint 1 
        member; and]
          [(7)] (6) The Mayor, the Chairman of the Council, and 
        the Councilmember whose purview the Statehood 
        Commission comes within shall be non-voting members of 
        the Commission.
  (a-1)(1) Notwithstanding any other provision of law, members 
serving unexpired terms on August 26, 1994, may continue to 
serve until appointments or reappointments are confirmed. 
Appointments or reappointments shall be made immediately after 
August 26, 1994, in the following manner:
          (A) * * *

           *       *       *       *       *       *       *

          [(H) The United States Representative shall appoint 1 
        member for a 2 year term.]

           *       *       *       *       *       *       *


Sec. 1--127. Appropriations.

  There is authorized to be appropriated from the General Fund 
of the District of Columbia an amount for the salaries and 
office expenses of the elected representatives to the Senate 
[and House] referred to in 1--123(d) during the period of their 
service prior to the admission of the proposed new state into 
the union.

           *       *       *       *       *       *       *


                     PART B--HONORARIA LIMITATIONS

Sec. 1--131. Application of honoraria limitations.

  Notwithstanding the provisions of 1--135, the honoraria 
limitations imposed by part H of subchapter I of Chapter 11 of 
this title shall apply to a Senator [or Representative] elected 
pursuant to 1--123(d)(1), only if the salary of the Senator [or 
Representative] is supported by public revenues.

           *       *       *       *       *       *       *


                    PART C--CAMPAIGN FINANCE REFORM

Sec. 1--135. Application of Campaign Finance Reform and Conflict of 
                    Interest Act.

  All provisions of the District of Columbia Campaign Finance 
Reform and Conflict of Interest Act, subchapter I of Chapter 11 
of this title, which apply to the election of and service of 
the Mayor of the District of Columbia shall apply to persons 
who are candidates or elected to serve as United States 
Senators [and United States Representative] pursuant to this 
initiative.

           *       *       *       *       *       *       *


CHAPTER 10. ELECTIONS

           *       *       *       *       *       *       *


                 SUBCHAPTER I. REGULATION OF ELECTIONS

Sec. 1--1001.01. Election of electors.

  In the District of Columbia electors of President and Vice 
President of the United States, [the Delegate to the House of 
Representatives,] the Representative in the Congress, the 
members of the Board of Education, the members of the Council 
of the District of Columbia, the Mayor and the following 
officials of political parties in the District of Columbia 
shall be elected as provided in this subchapter:
          (1) * * *

           *       *       *       *       *       *       *


Sec. 1--1001.02. Definitions.

  For the purposes of this subchapter:
          (1) * * *

           *       *       *       *       *       *       *

          [(6) The term ``Delegate'' means the Delegate to the 
        House of Representatives from the District of 
        Columbia.]

           *       *       *       *       *       *       *

          (13) The term ``elected official'' means the Mayor, 
        the Chairman and members of the Council, the President 
        and members of the Board of Education, [the Delegate to 
        Congress for the District of Columbia, United States 
        Senator and Representative,] the Representative in the 
        Congress, United States Senator, and advisory 
        neighborhood commissioners of the District of Columbia.

           *       *       *       *       *       *       *


Sec. 1--1001.08. Qualifications of candidates and electors; nomination 
                    and election of [Delegate] Representative, Mayor, 
                    Chairman, members of Council, and members of Board 
                    of Education; petition requirements; arrangement of 
                    ballot.

  (a) * * *

           *       *       *       *       *       *       *

  (h)(1)(A) The [Delegate,] Representative in the Congress, 
Mayor, Chairman of the Council of the District of Columbia and 
the 4 at-large members of the Council shall be elected by the 
registered qualified electors of the District of Columbia in a 
general election. Each candidate for the office of [Delegate,] 
Representative in the Congress, Mayor, Chairman of the Council 
of the District of Columbia, and at-large members of the 
Council in any general election shall, except as otherwise 
provided in subsection (j) of this section and 1-1001.10(d), 
have been elected by the registered qualified electors of the 
District as such candidate by the next preceding primary 
election.

           *       *       *       *       *       *       *

  (i)(1) Each individual in a primary election for candidate 
for the office of [Delegate,] Representative in the Congress, 
Mayor, Chairman of the Council, or at-large member of the 
Council shall be nominated for any such office by a petition:
          (A) * * *

           *       *       *       *       *       *       *

  (j)(1) A duly qualified candidate for the office of 
[Delegate,] Representative in the Congress, Mayor, Chairman of 
the Council, or member of the Council, may, subject to the 
provisions of this subsection, be nominated directly as such a 
candidate for election for such office (including any such 
election to be held to fill a vacancy). Such person shall be 
nominated by petition:
          (A) * * *
          (B) In the case of a person who is a candidate for 
        the office of member of the Council (other than the 
        Chairman or an at-large member), signed by 500 voters 
        who are duly registered under 1-1001.07 in the ward 
        from which the candidate seeks election; and in the 
        case of a person who is a candidate for the office of 
        [Delegate,] Representative in the Congress, Mayor, 
        Chairman of the Council, or at-large member of the 
        Council, signed by duly registered voters equal in 
        number to 1 1/2 per centum of the total number of 
        registered voters in the District, as shown by the 
        records of the Board as of 123 days before the date of 
        such election, or by 3,000 persons duly registered 
        under 1-1001.07, whichever is less. No signatures on 
        such a petition may be counted which have been made on 
        such petition more than 123 days before the date of 
        such election.

           *       *       *       *       *       *       *


Sec. 1--1001.10. Dates for holding elections; votes cast for President 
                    and Vice President counted as votes for 
                    presidential electors; voting hours; tie votes; 
                    filling vacancy where elected official dies, 
                    resigns, or becomes unable to serve.

  (a)(1) * * *

           *       *       *       *       *       *       *

  (3)(A) Except as otherwise provided in the case of special 
elections under this subchapter [or section 206(a) of the 
District of Columbia Delegate Act], primary elections of each 
political party for [the office of Delegate to the House of 
Representatives] the office of Representative in the Congress 
shall be held on the 1st Tuesday after the 2nd Monday in 
September of each even-numbered year; and general elections for 
such office shall be held on the Tuesday next after the 1st 
Monday in November of each even-numbered year.

           *       *       *       *       *       *       *

  (d)(1) In the event that any official, other than [Delegate,] 
Mayor, member of the Council, member of the Board of Education, 
or winner of a primary election for the office of [Delegate,] 
Mayor, or member of the Council, elected pursuant to this 
subchapter dies, resigns, or becomes unable to serve during his 
or her term of office leaving no person elected pursuant to 
this subchapter to serve the remainder of the unexpired term of 
office, the successor or successors to serve the remainder of 
the term shall be chosen pursuant to the rules of the duly 
authorized party committee, except that the successor shall 
have the qualifications required by this subchapter for the 
office.
  (2)[(A) In the event that a vacancy occurs in the office of 
Delegate before May 1 of the last year of the Delegate's term 
of office,] 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, the Board shall hold a 
special election to fill the unexpired term. The special 
election shall be held on the first Tuesday that occurs more 
than 114 days after the date on which the vacancy is certified 
by the Board unless the Board determines that the vacancy could 
be filled more practicably in a special election held on the 
same day as the next District-wide special, primary, or general 
election that is to occur within 60 days of the date on which 
the special election would otherwise have been held under the 
provisions of this subsection. The person elected to fill the 
vacancy in the office of Delegate shall take office the day on 
which the Board certifies his or her election.
  [(B) In the event that a vacancy occurs in the office of 
Delegate on or after May 1 of the last year of the Delegate's 
term of office, the Mayor shall appoint a successor to complete 
the remainder of the term of office.]
  (3) In the event of a vacancy in the office of [United States 
Representative or] United States Senator elected pursuant to 
Sec. 1--123 and that vacancy cannot be filled pursuant to 
paragraph (1) of this subsection, the Mayor shall appoint, with 
the advice and consent of the Council, a successor to complete 
the remainder of the term of office.

           *       *       *       *       *       *       *


Sec. 1--1001.11. Recount; judicial review of election.

  (a)(1) * * *
  (2) If in any election for President and Vice President of 
the United States, [Delegate to the House of Representatives,] 
Representative in the Congress, Mayor, Chairman of the Council, 
member of the Council, President of the Board of Education, or 
member of the Board of Education, the results certified by the 
Board show a margin of victory for a candidate that is less 
than one percent of the total votes cast for the office, the 
Board shall conduct a recount. The cost of a recount conducted 
pursuant to this paragraph shall not be charged to any 
candidate.

           *       *       *       *       *       *       *


Sec. 1--1001.15. Candidacy for more than 1 office prohibited; multiple 
                    nominations; candidacy of officeholder for another 
                    office restricted.

  (a) * * *
  (b) Notwithstanding the provisions of subsection (a) of this 
section, a person holding the office of Mayor, [Delegate,] 
Representative in the Congress, Chairman or member of the 
Council, or member of the Board of Education shall, while 
holding such office, be eligible as a candidate for any other 
of such offices in any primary or general election. In the 
event that said person is elected in a general election to the 
office for which he or she is a candidate, that person shall, 
within 24 hours of the date that the Board certifies said 
person's election, pursuant to subsection (a)(11) of Sec. 1-
1001.05, either resign from the office that person currently 
holds or shall decline to accept the office for which he or she 
was a candidate. In the event that said person elects to 
resign, said resignation shall be effective not later than 24 
hours before the date upon which that person would assume the 
office to which he or she has been elected.

           *       *       *       *       *       *       *


Sec. 1--1001.17. Recall process.

  (a) The provisions of this section shall govern the recall of 
all elected officers of the District of Columbia except [the 
Delegate to the Congress from the District of Columbia] the 
Representative in the Congress.

           *       *       *       *       *       *       *


              ADDITIONAL VIEWS OF RANKING MEMBER TOM DAVIS

    H.R. 1433, legislation to provide for the treatment of the 
District of Columbia as a Congressional district for purposes 
of representation in the House of Representatives, is a 
bipartisan effort to give citizens of the District of Columbia 
direct representation in the House of Representatives. The 
legislation has two main features. First, it treats the 
District as a congressional district for the purpose of 
granting full House representation. Second, it increases the 
size of the House by two members. In increasing the size of the 
House, the bill follows the historic House tradition of 
increasing representation in a non-partisan manner.

                                History

    The idea for a federal district arose out of an incident 
that took place in 1783 while the Continental Congress was in 
session in Philadelphia. When a crowd of Revolutionary War 
soldiers, who had not been paid, gathered in protest outside 
the building, the Congress requested help from the Pennsylvania 
militia.
    The state refused, and the Congress was forced to adjourn 
and reconvene in New Jersey. After that incident, the Framers 
concluded there was a need for a Federal District, under solely 
federal control, for the protection of the Congress and for the 
territorial integrity of the capital.
    So the Framers of the Constitution gave Congress broad 
authority to create such a Federal District and broad authority 
to govern such a place. That is the limit of what the Framers 
say about a Federal District in the Constitution: that there 
should be a Federal District and that it should be under 
Congressional authority.
    After ratification of the Constitution, one of the first 
issues to face the new Congress was where to locate this 
Federal District. Some wanted it in New York, others wanted it 
in Philadelphia, still others wanted it on the Potomac. These 
sectional factions fought a fierce political battle to decide 
the matter because they believed they were founding a great 
city, a new Rome. They expected this new city to have all the 
benefits of the great capitals of Europe.
    They never once talked about denying that city's 
inhabitants the right to vote.
    Finally, Secretary of State Jefferson brokered a deal that 
allowed the city to be placed on the banks of the Potomac in 
exchange for Congress paying the Revolutionary War debt. New 
York got the debt paid and Philadelphia got the capital for ten 
years. Then, as now, those political decisions were shaped by 
the issues of the day.
    In 1790, Congress passed the Residence Act, in which the 
right to vote was given to those residing in the new District. 
While the capital was being established, however, those living 
here were permitted to continue to vote where they had before, 
in their states.
    From 1790-1800, District residents were able to vote in 
Congressional elections in Maryland and Virginia, but not 
because they were citizens of those states. After all, the 
cession had ended their political link with those states.\1\ 
Instead, their voting rights derived from Congressional action 
under the District Clause, recognizing and ratifying ceding 
states' laws as the applicable law for the now-federal 
territory until further legislation.\2\ Therefore, it was not 
the cessions themselves but the federal assumption of authority 
in 1800 that deprived District residents of representation in 
Congress.
---------------------------------------------------------------------------
    \1\ See Downes v. Bidwell, 182 U.S. 244, 260-61 (1901); Reily v. 
Lamar, 6 U.S. (2 Cranch) 344, 356 (1805); Hobson v. Tobriner, 255 F. 
Supp. 295, 297 (D.D.C. 1966).
    \2\ Indeed, even after the formal assumption of federal 
responsibility in December 1800, Congress enacted further legislation 
providing that Maryland and Virginia law ``shall be and continue in 
force'' in the areas of the District ceded by that state. Act of Feb. 
27, 1801, ch. 15, Sec. 1, 2 Stat. 103.
---------------------------------------------------------------------------
    The seat of government officially moved to Washington in 
1800. In his final address to the Sixth Congress, less than a 
week after it took up residence in the new Federal District, 
President John Adams reminded Members, ``it is with you, 
gentlemen, to consider whether local powers over the District 
of Columbia vested by the Constitution in Congress * * * shall 
be immediately exercised.''
    That one statement explains the nature of the debate to 
follow.
    Once again, the issues of the day shaped the actions of 
Congress. The political parties could not come to an agreement. 
The Federalists wanted to ensure strong central control over 
the city. Anti-federalist Republicans wanted limited authority 
and distrusted all things urban.
    With Jefferson and his Republicans preparing to take 
control of the presidency and Congress, a pervasive atmosphere 
of crisis compelled the Federalists into action. If a bill was 
not passed before the Jeffersonians took over, it never would 
pass. Eventually, the Congress passed a stripped down version 
of a bill authored by a Virginia Congressman, ``Light Horse 
Harry'' Lee. It simply stated that the laws of Virginia and 
Maryland then in effect, having been superseded in the 
District, would still apply.
    We may never know why this version was passed. No records 
survived. But there is no evidence that the Founding Fathers--
who had just put their lives on the line to forge a 
representative government--determined the only way to secure a 
representative government was to deny representation to some of 
their fellow citizens. One historian aptly described the 
process as a ``rushed and improvised accommodation to political 
reality, necessitated by the desperate logic of lame duck 
political maneuvering.'' \3\ But the inelegant compromise 
ultimately adopted left a decidedly undemocratic accident in 
its wake: District residents had no vote in Congress.
---------------------------------------------------------------------------
    \3\ William C. diGiacomantonio, `` `To Make Hay While the Sun 
Shines': D.C. Governance as an Episode in the Revolution of 1800,'' 
Kenneth R. Bowling and Donald R. Kennon, Ed., Establishing Congress 
(Ohio University Press, 2005) page 55.
---------------------------------------------------------------------------
    As early as 1801, the citizens of the town of Alexandria 
petitioned Congress to create a functioning municipal 
government within the District and provide its citizens 
representation in the House of Representatives.\4\ Congress 
took action during the 20th century to create a municipal 
government for the District of Columbia, but the national 
capital remains without voting representation in Congress. 
Whether the reason for a lack of political representation be 
political deadlock, inattention or a misunderstanding of the 
problem, Congress has failed to successfully grant the rights 
it removed in the Organic Act of 1800.
---------------------------------------------------------------------------
    \4\ Petition to Congress, ``Memorial of Sundry Freeholders and 
Inhabitants of the Town of Alexandria, in the District of Columbia,'' 
January 26, 1801.
---------------------------------------------------------------------------
    Our Founding Fathers left us a tool in the Constitution to 
deal with future problems. The District Clause in the 
Constitution, Article 1, section 8, clause 17, is there for a 
reason. Congress reaches the zenith of its power in dealing 
with issues relating to the District. Over the years, Congress 
has exercised this power to treat the District as a ``State'' 
when necessary to ensure that the citizens of the city have 
substantially the same rights as all other Americans.

   Supreme Court Rulings Holding the District To Be a ``State'' for 
                            Limited Purposes

    In 1820 the Supreme Court held Congress could impose 
federal taxes on the District notwithstanding Article I, 
Section 2, Clause 3 of the Constitution, which provides that 
``[r]epresentatives and direct taxes shall be apportioned among 
the several States which may be included within this union * * 
*'' \5\
---------------------------------------------------------------------------
    \5\ Loughborough v. Blake, 18 U.S. 317 (1820).
---------------------------------------------------------------------------
    The Court also found, in 1888, that the Sixth Amendment 
right to trial by jury extends to the people of the District, 
even though the text of the Amendment states ``in all criminal 
prosecutions the accused shall enjoy the right to a speedy and 
public trial by an impartial jury of the state and district 
wherein the crime shall have been committed * * *'' \6\
---------------------------------------------------------------------------
    \6\ Callan v. Wilson, 127 U.S. 540, 548 (1888); see also Capital 
Traction Co. v. Hof, 174 U.S. 1, 5 (1899) (``It is beyond doubt, at the 
present day, that the provisions of the Constitution of the United 
States securing the right of trial by jury, whether in civil or in 
criminal cases, are applicable to the District of Columbia.'').
---------------------------------------------------------------------------
    In 1889, the Supreme Court held that the constitutional 
prohibition against state laws that interfere with commerce 
``among the several States'' applies equally to D.C. municipal 
statutes that interfere with commerce between the District and 
states.
    In 1934, the Supreme Court found that Congress could treat 
the District as a state for purposes of the Full Faith and 
Credit Clause, which provides that ``[f]ull faith and credit 
shall be given in each State to the public acts, records, and 
judicial proceedings of every other State.'' \7\
---------------------------------------------------------------------------
    \7\ Loughran v. Loughran, 292 U.S. 216, 228 (1934).
---------------------------------------------------------------------------
    Thus the Courts have repeatedly found that Congress has the 
authority to breach any limitation perceived in the word 
``state'' to include the citizens of the District in the 
protections and duties listed in the Constitution.

                     Current Constitutional Debate

    Scholars spanning the political and legal spectrum have 
concluded that Congress has authority through this legislation 
to provide voting representation in Congress for local 
residents. The Constitution gives us all the authority we need. 
No Constitutional amendment is necessary. What was done by 
statute in 1790, and then undone by statute in 1800, can be 
redone by statute today.
    This is often called the ``People's House''--and rightly 
so. Article I, Section 2 sets forth that, ``The House of 
Representatives shall be composed of members chosen every 
second year by the people of the several states, and the 
electors in each state shall have the qualifications requisite 
for electors of the most numerous branch of the state 
legislature.'' This stands in contrast to the Senate, which the 
Constitution states ``shall be composed of two Senators from 
each State.''
    Some view that section as limiting representation in the 
House to citizens of ``states'' as we use the term today. But a 
more historically correct reading recognizes that the Founders 
intended that this body represent all enfranchised people in 
America. It is also important to recall that, at the time the 
section was drafted, the residents of what would only later 
become the District of Columbia were among the people of the 
several states.
    Lately, much has been made of the decision in the National 
Mutual Insurance Company v. Tidewater Transfer Company,\8\ a 
case which the Congressional Research Service (CRS) suggests 
limits congressional authority to extend voting representation 
to citizens of the District. That suggestion is unfounded. The 
two concurring justices in Tidewater, who found the District 
was a ``state'' for purposes of diversity jurisdiction, would 
have similarly concluded that the District is a ``state'' for 
purposes of voting representation. Faced with the fact that the 
Constitution had failed explicitly to accord District residents 
access to federal courts through diversity jurisdiction, 
Justice Rutledge remarked, ``I cannot believe that the Framers 
intended to impose so purposeless and indefensible a 
discrimination, although they may have been guilty of 
understandable oversight in not providing explicitly against 
it.''
---------------------------------------------------------------------------
    \8\ 337 U.S. 582 (1949).
---------------------------------------------------------------------------
    Having concluded that the Framers did not intend to deprive 
District residents of access to the federal courts, Justice 
Rutledge reasoned that the term ``state'' should include the 
District of Columbia where it is used with regard to ``the 
civil rights of citizens.'' Access to the federal courts via 
diversity jurisdiction, he concluded, fell within that ambit.
    Contrary to CRS's view, the same is true with respect to 
the right conferred by H.R. 1433, legislation to provide for 
the treatment of the District of Columbia as a Congressional 
district for purposes of representation in the House of 
Representatives, because the right to vote is among the most 
fundamental of civil rights. Based on Justice Rutledge's 
reasoning, the Tidewater concurring justices surely would have 
upheld Congress's determination to redress the indefensible 
denial of voting representation to District residents.
    Throughout our history, we have resolved major differences 
with balance and principled compromise. In this instance, 
political balance serves the moral imperative to enfranchise 
those now without a voting representative in this House. H.R. 
1433 is consistent with those great efforts of that past that 
mark the life and growth of our democracy as a beacon to 
freedom-seeking peoples all over the world.

                                                         Tom Davis.

                                    
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