[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 160 Introduced in Senate (IS)]







111th CONGRESS
  1st Session
                                 S. 160

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 6, 2009

  Mr. Lieberman (for himself, Mr. Hatch, Mr. Leahy, Mr. Kennedy, Mrs. 
    Clinton, Mr. Dodd, Mr. Sanders, Mr. Kerry, Mr. Durbin, and Mr. 
   Feingold) introduced the following bill; which was read twice and 
referred to the Committee on Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL


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

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``District of Columbia House Voting 
Rights Act of 2009''.

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

    (a) Congressional District and No Senate Representation.--
            (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.
            (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.
    (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);''.

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

    (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).
    (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 112th 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) Transmittal of Revised Apportionment Information by 
President.--
            (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.
            (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.

SEC. 4. EFFECTIVE DATE; TIMING OF ELECTIONS.

    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:
            (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--
                    (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
                    (B) remains in effect until the taking effect of 
                the first reapportionment occurring after the regular 
                decennial census conducted for 2010.
            (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.

SEC. 5. CONFORMING AMENDMENTS.

    (a) Repeal of Office of District of Columbia Delegate.--
            (1) Repeal of office.--
                    (A) In general.--Sections 202 and 204 of the 
                District of Columbia Delegate Act (Public Law 91-405; 
                sections 1-401 and 1-402, D.C. Official Code) are 
                repealed, and the provisions of law amended or repealed 
                by such sections are restored or revived as if such 
                sections had not been enacted.
                    (B) 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.
            (2) Conforming amendments to district of columbia elections 
        code of 1955.--The District of Columbia Elections Code of 1955 
        is amended as follows:
                    (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,''.
                    (B) In section 2 (sec. 1-1001.02, D.C. Official 
                Code)--
                            (i) by striking paragraph (6); and
                            (ii) in paragraph (13), by striking ``the 
                        Delegate to Congress for the District of 
                        Columbia,'' and inserting ``the Representative 
                        in Congress,''.
                    (C) In section 8 (sec. 1-1001.08, D.C. Official 
                Code)--
                            (i) in the heading, by striking 
                        ``Delegate'' and inserting ``Representative''; 
                        and
                            (ii) by striking ``Delegate,'' each place 
                        it appears in subsections (h)(1)(A), (i)(1), 
                        and (j)(1) and inserting ``Representative in 
                        Congress,''.
                    (D) In section 10 (sec. 1-1001.10, D.C. Official 
                Code)--
                            (i) 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 Congress'';
                            (ii) in subsection (d)(1), by striking 
                        ``Delegate,'' each place it appears; and
                            (iii) 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 Congress 
                                before May 1 of the last year of the 
                                Representative's term of office,''; and
                                    (II) by striking subparagraph (B).
                    (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,''.
                    (F) In section 15(b) (sec. 1-1001.15(b), D.C. 
                Official Code), by striking ``Delegate,'' and inserting 
                ``Representative in Congress,''.
                    (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''.
    (b) Repeal of Office of Statehood Representative.--
            (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:
                    (A) By striking ``offices of Senator and 
                Representative'' each place it appears in subsection 
                (d) and inserting ``office of Senator''.
                    (B) In subsection (d)(2)--
                            (i) by striking ``a Representative or'';
                            (ii) by striking ``the Representative or''; 
                        and
                            (iii) by striking ``Representative shall be 
                        elected for a 2-year term and each''.
                    (C) In subsection (d)(3)(A), by striking ``and 1 
                United States Representative''.
                    (D) By striking ``Representative or'' each place it 
                appears in subsections (e), (f), (g), and (h).
                    (E) By striking ``Representative's or'' each place 
                it appears in subsections (g) and (h).
            (2) Conforming amendments.--
                    (A) Statehood commission.--Section 6 of such 
                Initiative (sec. 1-125, D.C. Official Code) is 
                amended--
                            (i) 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
                            (ii) in subsection (a-1)(1), by striking 
                        subparagraph (H).
                    (B) Authorization of appropriations.--Section 8 of 
                such Initiative (sec. 1-127, D.C. Official Code) is 
                amended by striking ``and House''.
                    (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.
                    (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''.
                    (E) District of columbia elections code of 1955.--
                The District of Columbia Elections Code of 1955 is 
                amended--
                            (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,''; and
                            (ii) in section 10(d) (sec. 1-
                        1001.10(d)(3), D.C. Official Code), by striking 
                        ``United States Representative or''.
            (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.
    (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.

SEC. 6. NONSEVERABILITY OF PROVISIONS AND NONAPPLICABILITY.

    (a) Nonseverability.--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 or any amendment made by this Act 
shall be treated and deemed invalid and shall have no force or effect 
of law.
    (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.

SEC. 7. JUDICIAL REVIEW.

    If any action is brought to challenge the constitutionality of any 
provision of this Act or any amendment made by this Act, the following 
rules shall apply:
            (1) The action shall be filed in the United States District 
        Court for the District of Columbia and shall be heard by a 3-
        judge court convened pursuant to section 2284 of title 28, 
        United States Code.
            (2) A copy of the complaint shall be delivered promptly to 
        the Clerk of the House of Representatives and the Secretary of 
        the Senate.
            (3) A final decision in the action shall be reviewable only 
        by appeal directly to the Supreme Court of the United States. 
        Such appeal shall be taken by the filing of a notice of appeal 
        within 10 days, and the filing of a jurisdictional statement 
        within 30 days, of the entry of the final decision.
            (4) It shall be the duty of the United States District 
        Court for the District of Columbia and the Supreme Court of the 
        United States to advance on the docket and to expedite to the 
        greatest possible extent the disposition of the action and 
        appeal.
                                 <all>