S.160 - District of Columbia House Voting Rights Act of 2009

A bill to provide the District of Columbia a voting seat and the State of Utah an additional seat in the House of Representatives.

Version	Word Count	Changes From Previous Version	Percent Change
Introduced in Senate	2,241	n/a	n/a
Reported in Senate	4,840	43	35%
Engrossed in Senate	5,413	16 Show Changes	78%

Display Version

[Struck out->]`This Act may be cited as the ‘District of Columbia House Voting Rights Act of 2009’.`[<-Struck out]
[Struck out->]`SEC. 2. TREATMENT OF DISTRICT OF COLUMBIA AS CONGRESSIONAL DISTRICT.`[<-Struck out]
[Struck out->]`(a) Congressional District and No Senate Representation-`[<-Struck out]
[Struck out->]`(1) IN GENERAL- Notwithstanding any other provision of law, the District of Columbia shall be considered a Congressional district for purposes of representation in the House of Representatives.`[<-Struck out]
[Struck out->]`(2) NO REPRESENTATION PROVIDED IN SENATE- The District of Columbia shall not be considered a State for purposes of representation in the United States Senate.`[<-Struck out]
[Struck out->]`(b) Conforming Amendments Relating to Apportionment of Members of House of Representatives-`[<-Struck out]
[Struck out->]`(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:` [<-Struck out]
[Struck out->]
`‘(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.’.`[<-Struck out]
[Struck out->]`(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);’.` [<-Struck out]
[Struck out->]`SEC. 3. INCREASE IN MEMBERSHIP OF HOUSE OF REPRESENTATIVES.`[<-Struck out]
[Struck out->]`(a) Permanent Increase in Number of Members- Effective with respect to the 112th Congress and each succeeding Congress, the House of Representatives shall be composed of 437 Members, including the Member representing the District of Columbia pursuant to section 2(a).`[<-Struck out]
[Struck out->]`(b) Reapportionment of Members Resulting From Increase-`[<-Struck out]
[Struck out->]`(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 112th Congress’.` [<-Struck out]
[Struck out->]`(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.`[<-Struck out]
[Struck out->]`(c) Transmittal of Revised Apportionment Information by President-`[<-Struck out]
[Struck out->](1) STATEMENT OF APPORTIONMENT BY PRESIDENT- Not later than 30 days after the date of the enactment of this Act, the President shall transmit to Congress a revised version of the most recent statement of apportionment submitted under section 22(a) of the Act entitled ‘An Act to provide for the fifteenth and subsequent decennial censuses and to provide for apportionment of Representatives in Congress’, approved June 28, 1929 (2 U.S.C. 2a(a)), to take into account this Act and the amendments made by this Act and identifying the State of Utah as the State entitled to one additional Representative pursuant to this section. [<-Struck out]
[Struck out->]`(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 shall submit a report to the Speaker of the House of Representatives identifying the State of Utah as the State entitled to one additional Representative pursuant to this section.`[<-Struck out]
[Struck out->]`SEC. 4. EFFECTIVE DATE; TIMING OF ELECTIONS.`[<-Struck out]
[Struck out->]`The general election for the additional Representative to which the State of Utah is entitled for the 112th Congress and the general election for the Representative from the District of Columbia for the 112th Congress shall be subject to the following requirements:`[<-Struck out]
[Struck out->]`(1) The additional Representative from the State of Utah will be elected pursuant to a redistricting plan enacted by the State, such as the plan the State of Utah signed into law on December 5, 2006, which--`[<-Struck out]
[Struck out->]`(A) revises the boundaries of Congressional districts in the State to take into account the additional Representative to which the State is entitled under section 3; and`[<-Struck out]
[Struck out->]`(B) remains in effect until the taking effect of the first reapportionment occurring after the regular decennial census conducted for 2010.`[<-Struck out]
[Struck out->]`(2) The additional Representative from the State of Utah and the Representative from the District of Columbia shall be sworn in and seated as Members of the House of Representatives on the same date as other Members of the 112th Congress.`[<-Struck out]
[Struck out->]`SEC. 5. CONFORMING AMENDMENTS.`[<-Struck out]
[Struck out->]`(a) Repeal of Office of District of Columbia Delegate-`[<-Struck out]
[Struck out->]`(1) REPEAL OF OFFICE-`[<-Struck out]
[Struck out->]`(A) IN GENERAL- Sections 202 and 204 of the District of Columbia Delegate Act (Public Law 91-405; sections 1-401 and 1-402, D.C. Official Code) are repealed, and the provisions of law amended or repealed by such sections are restored or revived as if such sections had not been enacted.` [<-Struck out]
[Struck out->]`(B) EFFECTIVE DATE- The amendments made by this subsection shall take effect on the date on which a Representative from the District of Columbia takes office.`[<-Struck out]
[Struck out->]`(2) CONFORMING AMENDMENTS TO DISTRICT OF COLUMBIA ELECTIONS CODE OF 1955- The District of Columbia Elections Code of 1955 is amended as follows:`[<-Struck out]
[Struck out->]`(A) 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 Congress,’.`[<-Struck out]
[Struck out->]`(B) In section 2 (sec. 1-1001.02, D.C. Official Code)--`[<-Struck out]
[Struck out->]`(i) by striking paragraph (6); and`[<-Struck out]
[Struck out->]`(ii) in paragraph (13), by striking ‘the Delegate to Congress for the District of Columbia,’ and inserting ‘the Representative in Congress,’.`[<-Struck out]
[Struck out->]`(C) In section 8 (sec. 1-1001.08, D.C. Official Code)--`[<-Struck out]
[Struck out->]`(i) in the heading, by striking ‘Delegate’ and inserting ‘Representative’; and`[<-Struck out]
[Struck out->]`(ii) by striking ‘Delegate,’ each place it appears in subsections (h)(1)(A), (i)(1), and (j)(1) and inserting ‘Representative in Congress,’.`[<-Struck out]
[Struck out->]`(D) In section 10 (sec. 1-1001.10, D.C. Official Code)--`[<-Struck out]
[Struck out->]`(i) in subsection (a)(3)(A)--`[<-Struck out]
[Struck out->]`(I) by striking ‘or section 206(a) of the District of Columbia Delegate Act’; and`[<-Struck out]
[Struck out->]`(II) by striking ‘the office of Delegate to the House of Representatives’ and inserting ‘the office of Representative in Congress’;`[<-Struck out]
[Struck out->]`(ii) in subsection (d)(1), by striking ‘Delegate,’ each place it appears; and`[<-Struck out]
[Struck out->]`(iii) in subsection (d)(2)--`[<-Struck out]
[Struck out->]`(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 Congress before May 1 of the last year of the Representative’s term of office,’; and`[<-Struck out]
[Struck out->]`(II) by striking subparagraph (B).`[<-Struck out]
[Struck out->]`(E) 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 Congress,’.`[<-Struck out]
[Struck out->]`(F) In section 15(b) (sec. 1-1001.15(b), D.C. Official Code), by striking ‘Delegate,’ and inserting ‘Representative in Congress,’.`[<-Struck out]
[Struck out->]`(G) In section 17(a) (sec. 1-1001.17(a), D.C. Official Code), by striking ‘the Delegate to Congress from the District of Columbia’ and inserting ‘the Representative in Congress’.`[<-Struck out]
[Struck out->]`(b) Repeal of Office of Statehood Representative-`[<-Struck out]
[Struck out->]`(1) 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:`[<-Struck out]
[Struck out->]`(A) By striking ‘offices of Senator and Representative’ each place it appears in subsection (d) and inserting ‘office of Senator’.`[<-Struck out]
[Struck out->]`(B) In subsection (d)(2)--`[<-Struck out]
[Struck out->]`(i) by striking ‘a Representative or’;`[<-Struck out]
[Struck out->]`(ii) by striking ‘the Representative or’; and`[<-Struck out]
[Struck out->]`(iii) by striking ‘Representative shall be elected for a 2-year term and each’.`[<-Struck out]
[Struck out->]`(C) In subsection (d)(3)(A), by striking ‘and 1 United States Representative’.`[<-Struck out]
[Struck out->]`(D) By striking ‘Representative or’ each place it appears in subsections (e), (f), (g), and (h).`[<-Struck out]
[Struck out->]`(E) By striking ‘Representative’s or’ each place it appears in subsections (g) and (h).`[<-Struck out]
[Struck out->]`(2) CONFORMING AMENDMENTS-`[<-Struck out]
[Struck out->]`(A) STATEHOOD COMMISSION- Section 6 of such Initiative (sec. 1-125, D.C. Official Code) is amended--`[<-Struck out]
[Struck out->]`(i) in subsection (a)--`[<-Struck out]
[Struck out->]`(I) by striking ‘27 voting members’ and inserting ‘26 voting members’;`[<-Struck out]
[Struck out->]`(II) by adding ‘and’ at the end of paragraph (5); and`[<-Struck out]
[Struck out->]`(III) by striking paragraph (6) and redesignating paragraph (7) as paragraph (6); and`[<-Struck out]
[Struck out->]`(ii) in subsection (a-1)(1), by striking subparagraph (H).`[<-Struck out]
[Struck out->]`(B) AUTHORIZATION OF APPROPRIATIONS- Section 8 of such Initiative (sec. 1-127, D.C. Official Code) is amended by striking ‘and House’.`[<-Struck out]
[Struck out->]`(C) 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.`[<-Struck out]
[Struck out->]`(D) 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’.`[<-Struck out]
[Struck out->](E) TITLE I--DISTRICT OF COLUMBIA HOUSE VOTING RIGHTS ACT OF 2009Comments Close Comments Permalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘District of Columbia House Voting Rights Act of 2009’.Comments Close Comments Permalink

SEC. 2. TREATMENT OF DISTRICT OF COLUMBIA AS CONGRESSIONAL DISTRICT.

(a) Congressional District and No Senate Representation-Comments Close Comments Permalink

(1) IN GENERAL- Notwithstanding any other provision of law, the District of Columbia shall be considered a congressional district for purposes of representation in the House of Representatives.Comments Close Comments Permalink

(2) NO REPRESENTATION PROVIDED IN SENATE- The District of Columbia shall not be considered a State for purposes of representation in the United States Senate.Comments Close Comments Permalink

(b) Conforming Amendments Relating to Apportionment of Members of House of Representatives-Comments Close Comments Permalink

(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:Comments Close Comments Permalink

‘(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.’.Comments Close Comments Permalink

(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 ‘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);’.Comments Close Comments Permalink

SEC. 3. INCREASE IN MEMBERSHIP OF HOUSE OF REPRESENTATIVES.

(a) Permanent Increase in Number of Members- Effective with respect to the 112th Congress, or the first Congress sworn in after the implementation of this Act, and each succeeding Congress, the House of Representatives shall be composed of 437 Members, including the Member representing the District of Columbia pursuant to section 2(a).Comments Close Comments Permalink

(b) Reapportionment of Members Resulting From Increase-Comments Close Comments Permalink

(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 112th Congress, or the first Congress sworn in after implementation of the District of Columbia House Voting Rights Act of 2009’.Comments Close Comments Permalink

(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.Comments Close Comments Permalink

(1) STATEMENT OF APPORTIONMENT BY PRESIDENT- Not later than 30 days after the date of the enactment of this Act, the President shall transmit to Congress a revised version of the most recent statement of apportionment submitted under section 22 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), to take into account this Act and the amendments made by this Act. The statement shall reflect that the District of Columbia is entitled to one Representative and shall identify the other State entitled to one representative under this section. Pursuant to 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), as amended by this Act, and the regular decennial census conducted for 2000, the State entitled to the one additional representative is Utah.Comments Close Comments Permalink

(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 shall submit a report to the Speaker of the House of Representatives indicating that the District of Columbia is entitled to one Representative and identifying the State which is entitled to one additional Representative pursuant to this section. Pursuant to 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), as amended by this Act, and the regular decennial census conducted for 2000, the State entitled to the one additional representative is Utah.Comments Close Comments Permalink

(3) ADDITIONAL STATEMENTS AND REPORTS-Comments Close Comments Permalink

(A) IN GENERAL- Subject to subparagraph (B) and following the revised statement of apportionment and subsequent report under paragraphs (1) and (2), the Statement of Apportionment by the President and subsequent reports by the Clerk of the House of Representatives shall continue to be issued at the intervals and pursuant to the methodology specified under 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), as amended by this Act.Comments Close Comments Permalink

(B) FAILURE TO COMPLETE- In the event that the revised statement of apportionment and subsequent report under paragraphs (1) and (2) can not be completed prior to the issuance of the regular statement of apportionment and subsequent report under 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), as amended by this Act, the President and Clerk may disregard paragraphs (1) and (2).Comments Close Comments Permalink

SEC. 4. UTAH REDISTRICTING PLAN.

The general election for the additional Representative to which the State of Utah is entitled for the 112th Congress, pursuant to section 3(c), shall be elected pursuant to a redistricting plan enacted by the State, such as the plan the State of Utah signed into law on December 5, 2006, which--Comments Close Comments Permalink

(1) revises the boundaries of congressional districts in the State to take into account the additional Representative to which the State is entitled under section 3; andComments Close Comments Permalink

(2) remains in effect until the taking effect of the first reapportionment occurring after the regular decennial census conducted for 2010.Comments Close Comments Permalink

SEC. 5. EFFECTIVE DATE.

The additional Representative other than the Representative from the District of Columbia, pursuant to section 3(c), and the Representative from the District of Columbia shall be sworn in and seated as Members of the House of Representatives on the same date as other Members of the 112th Congress or the first Congress sworn in after implementation of this Act.Comments Close Comments Permalink

SEC. 6. CONFORMING AMENDMENTS.

(a) Repeal of Office of District of Columbia Delegate-Comments Close Comments Permalink

(1) REPEAL OF OFFICE-Comments Close Comments Permalink

(A) IN GENERAL- Sections 202 and 204 of the District of Columbia Delegate Act (Public Law 91-405; sections 1-401 and 1-402, D.C. Official Code) are repealed, and the provisions of law amended or repealed by such sections are restored or revived as if such sections had not been enacted.Comments Close Comments Permalink

(B) EFFECTIVE DATE- The amendments made by this subsection shall take effect on the date on which a Representative from the District of Columbia takes office.Comments Close Comments Permalink

(2) CONFORMING AMENDMENTS TO DISTRICT OF COLUMBIA ELECTIONS CODE OF 1955- The District of Columbia Elections Code of 1955 is amended as follows:Comments Close Comments Permalink

(A) 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 Congress,’.Comments Close Comments Permalink

(B) In section 2 (sec. 1-1001.02, D.C. Official Code)--Comments Close Comments Permalink

(i) by striking paragraph (6); andComments Close Comments Permalink

(ii) in paragraph (13), by striking ‘the Delegate to Congress for the District of Columbia,’ and inserting ‘the Representative in Congress,’.Comments Close Comments Permalink

(i) in the heading, by striking ‘Delegate’ and inserting ‘Representative’; andComments Close Comments Permalink

(ii) by striking ‘Delegate,’ each place it appears in subsections (h)(1)(A), (i)(1), and (j)(1) and inserting ‘Representative in Congress,’.Comments Close Comments Permalink

(D) In section 10 (sec. 1-1001.10, D.C. Official Code)--Comments Close Comments Permalink

(i) in subsection (a)(3)(A)--Comments Close Comments Permalink

(I) by striking ‘or section 206(a) of the District of Columbia Delegate Act’; andComments Close Comments Permalink

(II) by striking ‘the office of Delegate to the House of Representatives’ and inserting ‘the office of Representative in Congress’;Comments Close Comments Permalink

(ii) in subsection (d)(1), by striking ‘Delegate,’ each place it appears; andComments Close Comments Permalink

(iii) in subsection (d)(2)--Comments Close Comments Permalink

(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 Congress before May 1 of the last year of the Representative’s term of office,’; andComments Close Comments Permalink

(II) by striking subparagraph (B).Comments Close Comments Permalink

(E) 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 Congress,’.Comments Close Comments Permalink

(F) In section 15(b) (sec. 1-1001.15(b), D.C. Official Code), by striking ‘Delegate,’ and inserting ‘Representative in Congress,’.Comments Close Comments Permalink

(G) In section 17(a) (sec. 1-1001.17(a), D.C. Official Code), by striking ‘the Delegate to Congress from the District of Columbia’ and inserting ‘the Representative in Congress’.Comments Close Comments Permalink

(b) Repeal of Office of Statehood Representative-Comments Close Comments Permalink

(1) 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:Comments Close Comments Permalink

(A) By striking ‘offices of Senator and Representative’ each place it appears in subsection (d) and inserting ‘office of Senator’.Comments Close Comments Permalink

(B) In subsection (d)(2)--Comments Close Comments Permalink

(i) by striking ‘a Representative or’;Comments Close Comments Permalink

(ii) by striking ‘the Representative or’; andComments Close Comments Permalink

(iii) by striking ‘Representative shall be elected for a 2-year term and each’.Comments Close Comments Permalink

(D) By striking ‘Representative or’ each place it appears in subsections (e), (f), (g), and (h).Comments Close Comments Permalink

(E) By striking ‘Representative’s or’ each place it appears in subsections (g) and (h).Comments Close Comments Permalink

(2) CONFORMING AMENDMENTS-Comments Close Comments Permalink

(A) STATEHOOD COMMISSION- Section 6 of such Initiative (sec. 1-125, D.C. Official Code) is amended--Comments Close Comments Permalink

(i) in subsection (a)--Comments Close Comments Permalink

(I) by striking ‘27 voting members’ and inserting ‘26 voting members’;Comments Close Comments Permalink

(II) by adding ‘and’ at the end of paragraph (5); andComments Close Comments Permalink

(III) by striking paragraph (6) and redesignating paragraph (7) as paragraph (6); andComments Close Comments Permalink

(ii) in subsection (a-1)(1), by striking subparagraph (H).Comments Close Comments Permalink

(B) AUTHORIZATION OF APPROPRIATIONS- Section 8 of such Initiative (sec. 1-127, D.C. Official Code) is amended by striking ‘and House’.Comments Close Comments Permalink

(C) 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.Comments Close Comments Permalink

(D) 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’.Comments Close Comments Permalink

(E) DISTRICT OF COLUMBIA ELECTIONS CODE OF 1955- The District of Columbia Elections Code of 1955 is amended--Comments Close Comments Permalink

(i) 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,’; andComments Close Comments Permalink

(ii) in section 10(d) (sec. 1-1001.10(d)(3), D.C. Official Code), by striking ‘United States Representative or’.Comments Close Comments Permalink

(3) 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.Comments Close Comments Permalink

(1) UNITED STATES MILITARY ACADEMY- Section 4342 of title 10, United States Code, is amended--Comments Close Comments Permalink

(A) in subsection (a), by striking paragraph (5); andComments Close Comments Permalink

(B) in subsection (f), by striking ‘the District of Columbia,’.Comments Close Comments Permalink

(2) UNITED STATES NAVAL ACADEMY- Such title is amended--Comments Close Comments Permalink

(A) in section 6954(a), by striking paragraph (5); andComments Close Comments Permalink

(B) in section 6958(b), by striking ‘the District of Columbia,’.Comments Close Comments Permalink

(3) UNITED STATES AIR FORCE ACADEMY- Section 9342 of title 10, United States Code, is amended--Comments Close Comments Permalink

(A) in subsection (a), by striking paragraph (5); andComments Close Comments Permalink

(B) in subsection (f), by striking ‘the District of Columbia,’.Comments Close Comments Permalink

(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.Comments Close Comments Permalink

SEC. 7. NONSEVERABILITY OF PROVISIONS AND NONAPPLICABILITY.

(a) Nonseverability- If any provision of section 2(a)(1), 2(b)(1), or 3 or any amendment made by those sections is declared or held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of this Act or any amendment made by this Act shall be treated and deemed invalid and shall have no force or effect of law.Comments Close Comments Permalink

(b) Nonapplicability- Nothing in the Act shall be construed to affect the first reapportionment occurring after the regular decennial census conducted for 2010 if this Act has not taken effect.Comments Close Comments Permalink

SEC. 8. JUDICIAL REVIEW.

(a) Special Rules for Actions Brought on Constitutional Grounds- 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:Comments Close Comments Permalink

(1) The action shall be filed in the District Court of the United StatesUnited 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.Comments Close Comments Permalink

(2) A copy of the complaint shall be delivered promptly to the Clerk of the House of Representatives and the Secretary of the Senate.Comments Close Comments Permalink

(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.Comments Close Comments Permalink

(4) It shall be the duty of the District Court of the United StatesUnited 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.Comments Close Comments Permalink

Calendar No. 23

(b) Intervention by Members of Congress-

(1) IN GENERAL- In any action in which the constitutionality of any provision of this Act or any amendment made by this Act is challenged (including an action described in subsection (a)), any member of the House of Representatives (including a Delegate or Resident Commissioner to the Congress) or the Senate shall have the right to intervene or file legal pleadings or briefs either in support of or opposition to the position of a party to the case regarding the constitutionality of the provision or amendment.Comments Close Comments Permalink

(2) COURT EFFICIENCY- To avoid duplication of efforts and reduce the burdens placed on the parties to the action, the court in any action described in paragraph (1) may make such orders as it considers necessary, including orders to require intervenors taking similar positions to file joint papers or to be represented by a single attorney at oral argument.Comments Close Comments Permalink

(c) Challenge by Members of Congress- Any Member of Congress may bring an action, subject to the special rules described in subsection (a), to challenge the constitutionality of any provision of this Act or any amendment made by this Act.Comments Close Comments Permalink

SEC. 9. FCC AUTHORITIES.

(a) Clarification of General Powers- Title III of the Communications Act of 1934 is amended by inserting after section 303 (47 U.S.C. 303) the following new section:Comments Close Comments Permalink

‘SEC. 303B. CLARIFICATION OF GENERAL POWERS.

‘(a) Certain Affirmative Actions Required- The Commission shall take actions to encourage and promote diversity in communication media ownership and to ensure that broadcast station licenses are used in the public interest.Comments Close Comments Permalink

‘(b) Construction- Nothing in section 303A shall be construed to limit the authority of the Commission regarding matters unrelated to a requirement that broadcasters present or ascertain opposing viewpoints on issues of public importance.’.Comments Close Comments Permalink

(b) Severability- Notwithstanding section 7(a), if any provision of section 2(a)(1), 2(b)(1), or 3 or any amendment made by those sections is declared or held invalid or unenforceable by a court of competent jurisdiction, the amendment made by subsection (a) and the application of such amendment to any other person or circumstance shall not be affected by such holding.Comments Close Comments Permalink

SEC. 10. FAIRNESS DOCTRINE PROHIBITED.

(a) Limitation on General Powers: Fairness Doctrine- Title III of the Communications Act of 1934 is amended by inserting after section 303 (47 U.S.C. 303) the following new section:Comments Close Comments Permalink

‘SEC. 303A. LIMITATION ON GENERAL POWERS: FAIRNESS DOCTRINE.

‘Notwithstanding section 303 or any other provision of this Act or any other Act authorizing the Commission to prescribe rules, regulations, policies, doctrines, standards, guidelines, or other requirements, the Commission shall not have the authority to prescribe any rule, regulation, policy, doctrine, standard, guideline, or other requirement that has the purpose or effect of reinstating or repromulgating (in whole or in part)--Comments Close Comments Permalink

‘(1) the requirement that broadcasters present or ascertain opposing viewpoints on issues of public importance, commonly referred to as the ‘Fairness Doctrine’, as repealed in In re Complaint of Syracuse Peace Council against Television Station WTVH, Syracuse New York, 2 FCC Rcd. 5043 (1987); orComments Close Comments Permalink

‘(2) any similar requirement that broadcasters meet programming quotas or guidelines for issues of public importance.’.Comments Close Comments Permalink

(b) Severability- Notwithstanding section 7(a), if any provision of section 2(a)(1), 2(b)(1), or 3 or any amendment made by those sections is declared or held invalid or unenforceable by a court of competent jurisdiction, the amendment made by subsection (a) and the application of such amendment to any other person or circumstance shall not be affected by such holding.Comments Close Comments Permalink

TITLE II--SECOND AMENDMENT ENFORCEMENT ACTComments Close Comments Permalink

SEC. 201. SHORT TITLE.

This title may be cited as the ‘Second Amendment Enforcement Act’.Comments Close Comments Permalink

SEC. 202. CONGRESSIONAL FINDINGS.

Congress finds the following:Comments Close Comments Permalink

(1) The Second Amendment to the United States Constitution provides that the right of the people to keep and bear arms shall not be infringed.Comments Close Comments Permalink

(2) As the Congress and the Supreme Court of the United States have recognized, the Second Amendment to the United States Constitution protects the rights of individuals, including those who are not members of a militia or engaged in military service or training, to keep and bear arms.Comments Close Comments Permalink

(3) The law-abiding citizens of the District of Columbia are deprived by local laws of handguns, rifles, and shotguns that are commonly kept by law-abiding persons throughout the United States for sporting use and for lawful defense of their persons, homes, businesses, and families.Comments Close Comments Permalink

(4) The District of Columbia has the highest per capita murder rate in the Nation, which may be attributed in part to local laws prohibiting possession of firearms by law-abiding persons who would otherwise be able to defend themselves and their loved ones in their own homes and businesses.Comments Close Comments Permalink

(5) The Federal Gun Control Act of 1968, as amended by the Firearms Owners’ Protection Act of 1986, and the Brady Handgun Violence Prevention Act of 1993, provide comprehensive Federal regulations applicable in the District of Columbia as elsewhere. In addition, existing District of Columbia criminal laws punish possession and illegal use of firearms by violent criminals and felons. Consequently, there is no need for local laws which only affect and disarm law-abiding citizens.Comments Close Comments Permalink

(6) Officials of the District of Columbia have indicated their intention to continue to unduly restrict lawful firearm possession and use by citizens of the District.Comments Close Comments Permalink

(7) Legislation is required to correct the District of Columbia’s law in order to restore the fundamental rights of its citizens under the Second Amendment to the United States Constitution and thereby enhance public safety.Comments Close Comments Permalink

SEC. 203. REFORM D.C. COUNCIL’S AUTHORITY TO RESTRICT FIREARMS.

Section 4 of the Act entitled ‘An Act to prohibit the killing of wild birds and wild animals in the District of Columbia’, approved June 30, 1906 (34 Stat. 809; sec. 1-303.43, D.C. Official Code) is amended by adding at the end the following: ‘Nothing in this section or any other provision of law shall authorize, or shall be construed to permit, the Council, the Mayor, or any governmental or regulatory authority of the District of Columbia to prohibit, constructively prohibit, or unduly burden the ability of persons not prohibited from possessing firearms under Federal law from acquiring, possessing in their homes or businesses, or using for sporting, self-protection or other lawful purposes, any firearm neither prohibited by Federal law nor subject to the National Firearms Act. The District of Columbia shall not have authority to enact laws or regulations that discourage or eliminate the private ownership or use of firearms. Nothing in the previous two sentences shall be construed to prohibit the District of Columbia from regulating or prohibiting the carrying of firearms by a person, either concealed or openly, other than at the person’s dwelling place, place of business, or on other land possessed by the person.’.Comments Close Comments Permalink

SEC. 204. REPEAL D.C. SEMIAUTOMATIC BAN.

(a) In General- Section 101(10) of the Firearms Control Regulations Act of 1975 (sec. 7-2501.01(10), D.C. Official Code) is amended to read as follows:Comments Close Comments Permalink

‘(10) ‘Machine gun’ means any firearm which shoots, is designed to shoot, or may be readily restored to shoot automatically, more than 1 shot without manual reloading by a single function of the trigger, and includes the frame or receiver of any such weapon, any part designed and intended solely and exclusively, or combination of parts designed and intended, for use in converting a weapon into a machine gun, and any combination of parts from which a machine gun can be assembled if such parts are in the possession or under the control of a person.’.Comments Close Comments Permalink

(b) Conforming Amendment to Provisions Setting Forth Criminal Penalties- Section 1(c) of the Act of July 8, 1932 (47 Stat. 651; sec. 22-4501(c), D.C. Official Code) is amended to read as follows:Comments Close Comments Permalink

‘(c) ‘Machine gun’, as used in this Act, has the meaning given such term in section 101(10) of the Firearms Control Regulations Act of 1975.’.Comments Close Comments Permalink

SEC. 205. REPEAL REGISTRATION REQUIREMENT.

(a) Repeal of Requirement-Comments Close Comments Permalink

(1) IN GENERAL- Section 201(a) of the Firearms Control Regulations Act of 1975 (sec. 7-2502.01(a), D.C. Official Code) is amended by striking ‘any firearm, unless’ and all that follows through paragraph (3) and inserting the following: ‘any firearm described in subsection (c).’.Comments Close Comments Permalink

(2) DESCRIPTION OF FIREARMS REMAINING ILLEGAL- Section 201 of such Act (sec. 7-2502.01, D.C. Official Code) is amended by adding at the end the following new subsection:Comments Close Comments Permalink

‘(c) A firearm described in this subsection is any of the following:Comments Close Comments Permalink

‘(1) A sawed-off shotgun.Comments Close Comments Permalink

‘(2) A machine gun.Comments Close Comments Permalink

‘(3) A short-barreled rifle.’.Comments Close Comments Permalink

(3) CONFORMING AMENDMENT- The heading of section 201 of such Act (sec. 7-2502.01, D.C. Official Code) is amended by striking ‘Registration requirements’ and inserting ‘Firearm Possession’.Comments Close Comments Permalink

(b) Conforming Amendments to Firearms Control Regulations Act- The Firearms Control Regulations Act of 1975 is amended as follows:Comments Close Comments Permalink

(1) Sections 202 through 211 (secs. 7-2502.02 through 7-2502.11, D.C. Official Code) are repealed.Comments Close Comments Permalink

(2) Section 101 (sec. 7-2501.01, D.C. Official Code) is amended by striking paragraph (13).Comments Close Comments Permalink

(3) Section 401 (sec. 7-2504.01, D.C. Official Code) is amended--Comments Close Comments Permalink

(A) in subsection (a), by striking ‘the District;’ and all that follows and inserting the following: ‘the District, except that a person may engage in hand loading, reloading, or custom loading of ammunition for firearms lawfully possessed under this Act.’; andComments Close Comments Permalink

(B) in subsection (b), by striking ‘which are unregisterable under section 202’ and inserting ‘which are prohibited under section 201’.Comments Close Comments Permalink

(4) Section 402 (sec. 7-2504.02, D.C. Official Code) is amended--Comments Close Comments Permalink

(A) in subsection (a), by striking ‘Any person eligible to register a firearm’ and all that follows through ‘such business,’ and inserting the following: ‘Any person not otherwise prohibited from possessing or receiving a firearm under Federal or District law, or from being licensed under section 923 of title 18, United States Code,’; andComments Close Comments Permalink

(B) in subsection (b), by amending paragraph (1) to read as follows:Comments Close Comments Permalink

‘(1) The applicant’s name;’.Comments Close Comments Permalink

(5) Section 403(b) (sec. 7-2504.03(b), D.C. Official Code) is amended by striking ‘registration certificate’ and inserting ‘dealer’s license’.Comments Close Comments Permalink

(6) Section 404(a)(3) (sec. 7-2504.04(a)(3)), D.C. Official Code) is amended--Comments Close Comments Permalink

(A) in subparagraph (B)(i), by striking ‘registration certificate number (if any) of the firearm,’;Comments Close Comments Permalink

(B) in subparagraph (B)(iv), by striking ‘holding the registration certificate’ and inserting ‘from whom it was received for repair’;Comments Close Comments Permalink

(C) in subparagraph (C)(i), by striking ‘and registration certificate number (if any) of the firearm’;Comments Close Comments Permalink

(D) in subparagraph (C)(ii), by striking ‘registration certificate number or’; andComments Close Comments Permalink

(E) by striking subparagraphs (D) and (E).Comments Close Comments Permalink

(7) Section 406(c) (sec. 7-2504.06(c), D.C. Official Code) is amended to read as follows:Comments Close Comments Permalink

‘(c) Within 45 days of a decision becoming effective which is unfavorable to a licensee or to an applicant for a dealer’s license, the licensee or application shall--Comments Close Comments Permalink

‘(1) lawfully remove from the District all destructive devices in his inventory, or peaceably surrender to the Chief all destructive devices in his inventory in the manner provided in section 705; andComments Close Comments Permalink

‘(2) lawfully dispose, to himself or to another, any firearms and ammunition in his inventory.’.Comments Close Comments Permalink

(8) Section 407(b) (sec. 7-2504.07(b), D.C. Official Code) is amended by striking ‘would not be eligible’ and all that follows and inserting ‘is prohibited from possessing or receiving a firearm under Federal or District law.’.Comments Close Comments Permalink

(9) Section 502 (sec. 7-2505.02, D.C. Official Code) is amended--Comments Close Comments Permalink

(A) by amending subsection (a) to read as follows:Comments Close Comments Permalink

‘(a) Any person or organization not prohibited from possessing or receiving a firearm under Federal or District law may sell or otherwise transfer ammunition or any firearm, except those which are prohibited under section 201, to a licensed dealer.’;Comments Close Comments Permalink

(B) by amending subsection (c) to read as follows:Comments Close Comments Permalink

‘(c) Any licensed dealer may sell or otherwise transfer a firearm to any person or organization not otherwise prohibited from possessing or receiving such firearm under Federal or District law.’;Comments Close Comments Permalink

(D) by striking subsection (e).Comments Close Comments Permalink

(10) Section 704 (sec. 7-2507.04, D.C. Official Code) is amended--Comments Close Comments Permalink

(A) in subsection (a), by striking ‘any registration certificate or’ and inserting ‘a’; andComments Close Comments Permalink

(B) in subsection (b), by striking ‘registration certificate,’.Comments Close Comments Permalink

(c) Other Conforming Amendments- Section 2(4) of the Illegal Firearm Sale and Distribution Strict Liability Act of 1992 (sec. 7-2531.01(4), D.C. Official Code) is amended--Comments Close Comments Permalink

(1) in subparagraph (A), by striking ‘or ignoring proof of the purchaser’s residence in the District of Columbia’; andComments Close Comments Permalink

(2) in subparagraph (B), by striking ‘registration and’.Comments Close Comments Permalink

SEC. 206. REPEAL HANDGUN AMMUNITION BAN.

Section 601(3) of the Firearms Control Regulations Act of 1975 (sec. 7-2506.01(3), D.C. Official Code) is amended by striking ‘is the holder of the valid registration certificate for’ and inserting ‘owns’.Comments Close Comments Permalink

SEC. 207. RESTORE RIGHT OF SELF DEFENSE IN THE HOME.

Section 702 of the Firearms Control Regulations Act of 1975 (sec. 7-2507.02, D.C. Official Code) is repealed.Comments Close Comments Permalink

SEC. 208. REMOVE CRIMINAL PENALTIES FOR POSSESSION OF UNREGISTERED FIREARMS.

(a) In General- Section 706 of the Firearms Control Regulations Act of 1975 (sec. 7-2507.06, D.C. Official Code) is amended--Comments Close Comments Permalink

(1) by striking ‘that:’ and all that follows through ‘(1) A’ and inserting ‘that a’; andComments Close Comments Permalink

(2) by striking paragraph (2).Comments Close Comments Permalink

(b) Effective Date- The amendments made by subsection (a) shall apply with respect to violations occurring after the 60-day period which begins on the date of the enactment of this Act.Comments Close Comments Permalink

SEC. 209. REMOVE CRIMINAL PENALTIES FOR CARRYING A FIREARM IN ONE’S DWELLING OR OTHER PREMISES.

(a) In General- Section 4(a) of the Act of July 8, 1932 (47 Stat. 651; sec. 22-4504(a), D.C. Official Code) is amended--Comments Close Comments Permalink

(1) in the matter before paragraph (1), by striking ‘a pistol,’ and inserting the following: ‘except in his dwelling house or place of business or on other land possessed by that person, whether loaded or unloaded, a firearm,’; andComments Close Comments Permalink

(2) by striking ‘except that:’ and all that follows through ‘(2) If the violation’ and inserting ‘except that if the violation’.Comments Close Comments Permalink

(b) Conforming Amendment- Section 5 of such Act (47 Stat. 651; sec. 22-4505, D.C. Official Code) is amended--Comments Close Comments Permalink

(1) by striking ‘pistol’ each place it appears and inserting ‘firearm’; andComments Close Comments Permalink

(2) by striking ‘pistols’ each place it appears and inserting ‘firearms’.Comments Close Comments Permalink

SEC. 210. AUTHORIZING PURCHASES OF FIREARMS BY DISTRICT RESIDENTS.

Section 922 of title 18, United States Code, is amended in paragraph (b)(3) by inserting after ‘other than a State in which the licensee’s place of business is located’ the following: ‘, or to the sale or delivery of a handgun to a resident of the District of Columbia by a licensee whose place of business is located in Maryland or Virginia,’.Comments Close Comments Permalink

SEC. 211. REPEALS OF DISTRICT OF COLUMBIA ACTS.

The Firearms Registration Amendment Act of 2008 and the Firearms Registration Emergency Amendment Act of 2008, as passed by the District of Columbia, are repealed.Comments Close Comments Permalink

SEC. 212. SEVERABILITY.

Notwithstanding any other provision of this Act, if any provision of this Act, or any amendment made by this Act, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, this title and amendments made by this title, and the application of such provision or amendment to other persons or circumstances shall not be affected thereby.Comments Close Comments Permalink

Passed the Senate February 26, 2009.Comments Close Comments Permalink

Attest:Comments Close Comments Permalink

Secretary.Comments Close Comments Permalink

111th CONGRESSComments Close Comments Permalink

1st SessionComments Close Comments Permalink

S. 160Comments Close Comments Permalink

A BILLN ACTComments Close Comments Permalink

To provide the District of Columbia a voting seat and the State of Utah an additional seat in the House of Representatives.

February 12, 2009

Reported with an amendment

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U.S. Congress - Text of S.160 as Engrossed in Senate District of Columbia House Voting Rights Act of 2009

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S.160 - District of Columbia House Voting Rights Act of 2009

SECTION 1. SHORT TITLE.

SEC. 2. TREATMENT OF DISTRICT OF COLUMBIA AS CONGRESSIONAL DISTRICT.

SEC. 3. INCREASE IN MEMBERSHIP OF HOUSE OF REPRESENTATIVES.

SEC. 4. UTAH REDISTRICTING PLAN.

SEC. 5. EFFECTIVE DATE.

SEC. 6. CONFORMING AMENDMENTS.

SEC. 7. NONSEVERABILITY OF PROVISIONS AND NONAPPLICABILITY.

SEC. 8. JUDICIAL REVIEW.

SEC. 9. FCC AUTHORITIES.

‘SEC. 303B. CLARIFICATION OF GENERAL POWERS.

SEC. 10. FAIRNESS DOCTRINE PROHIBITED.

‘SEC. 303A. LIMITATION ON GENERAL POWERS: FAIRNESS DOCTRINE.

TITLE II--SECOND AMENDMENT ENFORCEMENT ACTComments Close Comments Permalink

SEC. 201. SHORT TITLE.

SEC. 202. CONGRESSIONAL FINDINGS.

SEC. 203. REFORM D.C. COUNCIL’S AUTHORITY TO RESTRICT FIREARMS.

SEC. 204. REPEAL D.C. SEMIAUTOMATIC BAN.

SEC. 205. REPEAL REGISTRATION REQUIREMENT.

SEC. 206. REPEAL HANDGUN AMMUNITION BAN.

SEC. 207. RESTORE RIGHT OF SELF DEFENSE IN THE HOME.

SEC. 208. REMOVE CRIMINAL PENALTIES FOR POSSESSION OF UNREGISTERED FIREARMS.

SEC. 209. REMOVE CRIMINAL PENALTIES FOR CARRYING A FIREARM IN ONE’S DWELLING OR OTHER PREMISES.

SEC. 210. AUTHORIZING PURCHASES OF FIREARMS BY DISTRICT RESIDENTS.

SEC. 211. REPEALS OF DISTRICT OF COLUMBIA ACTS.

SEC. 212. SEVERABILITY.

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U.S. Congress - Text of S.160 as Engrossed in Senate District of Columbia House Voting Rights Act of 2009

Advanced Search Options

S.160 - District of Columbia House Voting Rights Act of 2009

SECTION 1. SHORT TITLE.

SEC. 2. TREATMENT OF DISTRICT OF COLUMBIA AS CONGRESSIONAL DISTRICT.

SEC. 3. INCREASE IN MEMBERSHIP OF HOUSE OF REPRESENTATIVES.

SEC. 4. UTAH REDISTRICTING PLAN.

SEC. 5. EFFECTIVE DATE.

SEC. 6. CONFORMING AMENDMENTS.

SEC. 7. NONSEVERABILITY OF PROVISIONS AND NONAPPLICABILITY.

SEC. 8. JUDICIAL REVIEW.

SEC. 9. FCC AUTHORITIES.

‘SEC. 303B. CLARIFICATION OF GENERAL POWERS.

SEC. 10. FAIRNESS DOCTRINE PROHIBITED.

‘SEC. 303A. LIMITATION ON GENERAL POWERS: FAIRNESS DOCTRINE.

TITLE II--SECOND AMENDMENT ENFORCEMENT ACTCommentsClose CommentsPermalink

SEC. 201. SHORT TITLE.

SEC. 202. CONGRESSIONAL FINDINGS.

SEC. 203. REFORM D.C. COUNCIL’S AUTHORITY TO RESTRICT FIREARMS.

SEC. 204. REPEAL D.C. SEMIAUTOMATIC BAN.

SEC. 205. REPEAL REGISTRATION REQUIREMENT.

SEC. 206. REPEAL HANDGUN AMMUNITION BAN.

SEC. 207. RESTORE RIGHT OF SELF DEFENSE IN THE HOME.

SEC. 208. REMOVE CRIMINAL PENALTIES FOR POSSESSION OF UNREGISTERED FIREARMS.

SEC. 209. REMOVE CRIMINAL PENALTIES FOR CARRYING A FIREARM IN ONE’S DWELLING OR OTHER PREMISES.

SEC. 210. AUTHORIZING PURCHASES OF FIREARMS BY DISTRICT RESIDENTS.

SEC. 211. REPEALS OF DISTRICT OF COLUMBIA ACTS.

SEC. 212. SEVERABILITY.

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26% Users Support Bill

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TITLE II--SECOND AMENDMENT ENFORCEMENT ACTComments Close Comments Permalink