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Union Calendar No. 8 

111TH CONGRESS 

1ST SESSION H. R. 157 

[Report No. 111–22] 

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. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 6, 2009 

Ms. NORTON introduced the following bill; which was referred to the 

Committee on the Judiciary 

MARCH 2, 2009 

Additional sponsors: Mr. CONNOLLY of Virginia, Ms. PINGREE of Maine, and 

Mr. GUTIERREZ

MARCH 2, 2009 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on January 6, 2009] 

A BILL 

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. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘District of Columbia 

5 House Voting Rights Act of 2009’’. 

6 SEC. 2. TREATMENT OF DISTRICT OF COLUMBIA AS CON7 GRESSIONAL DISTRICT. 

8 (a) IN GENERAL.—Notwithstanding any other provi9 sion of law, the District of Columbia shall be considered 

10 a Congressional district for purposes of representation in 

11 the House of Representatives in the One Hundred Twelfth 

12 Congress and each succeeding Congress. 

13 (b) CONFORMING AMENDMENTS RELATING TO APPOR14 TIONMENT OF MEMBERS OF HOUSE OF REPRESENTA15 TIVES.— 

16 (1) INCLUSION OF SINGLE DISTRICT OF COLUM17 BIA MEMBER IN REAPPORTIONMENT OF MEMBERS

18 AMONG STATES.—Section 22 of the Act entitled ‘‘An 

19 Act to provide for the fifteenth and subsequent decen20 nial censuses and to provide for apportionment of 

21 Representatives in Congress’’, approved June 18, 

22 1929 (2 U.S.C. 2a), is amended by adding at the end 

23 the following new subsection: 


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1 ‘‘(d) This section shall apply with respect to the Dis2 trict of Columbia in the same manner as this section ap3 plies to a State.’’. 

4 (2) CLARIFICATION OF DETERMINATION OF NUM5 BER OF PRESIDENTIAL ELECTORS ON BASIS OF 23RD

6 AMENDMENT.—Section 3 of title 3, United States 

7 Code, is amended by striking ‘‘come into office;’’ and 

8 inserting the following: ‘‘come into office (subject to 

9 the twenty-third article of amendment to the Con10 stitution of the United States in the case of the Dis11 trict of Columbia);’’. 

12 SEC. 3. INCREASE IN MEMBERSHIP OF HOUSE OF REP13 RESENTATIVES. 

14 (a) PERMANENT INCREASE IN NUMBER OF MEM15 BERS.—Effective with respect to the One Hundred Twelfth 

16 Congress and each succeeding Congress, the House of Rep17 resentatives shall be composed of 437 Members, including 

18 any Members representing the District of Columbia pursu19 ant to section 2(a). 

20 (b) REAPPORTIONMENT OF MEMBERS RESULTING

21 FROM INCREASE.— 

22 (1) IN GENERAL.—Section 22(a) of the Act enti23 tled ‘‘An Act to provide for the fifteenth and subse24 quent decennial censuses and to provide for appor25 tionment of Representatives in Congress’’, approved 


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1 June 18, 1929 (2 U.S.C. 2a(a)), is amended by strik2 ing ‘‘the then existing number of Representatives’’ 

3 and inserting ‘‘the number of Representatives estab4 lished with respect to the One Hundred Twelfth Con5 gress’’. 

6 (2) EFFECTIVE DATE.—The amendment made by 

7 paragraph (1) shall apply with respect to the regular 

8 decennial census conducted for 2010 and each subse9 quent regular decennial census. 

10 (c) SPECIAL RULES FOR PERIOD PRIOR TO 2012 RE11 APPORTIONMENT.— 

12 (1) TRANSMITTAL OF REVISED STATEMENT OF

13 APPORTIONMENT BY PRESIDENT.—Not later than 30 

14 days after the date of the enactment of this Act, the 

15 President shall transmit to Congress the most recent 

16 statement of apportionment submitted under section 

17 22(a) of the Act entitled ‘‘An Act to provide for the 

18 fifteenth and subsequent decennial censuses and to 

19 provide for apportionment of Representatives in Con20 gress’’, approved June 18, 1929 (2 U.S.C. 2a(a)), re21 vised to take into account this Act and the amend22 ments made by this Act. 

23 (2) REPORT BY CLERK.—Not later than 15 cal24 endar days after receiving the revised version of the 

25 statement of apportionment under paragraph (1), the 


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1 Clerk of the House of Representatives, in accordance 

2 with section 22(b) of such Act (2 U.S.C. 2a(b)), shall 

3 send to the executive of each State a certificate of the 

4 number of Representatives to which such State is en5 titled under section 22 of such Act, and shall submit 

6 a report to the Speaker of the House of Representa7 tives identifying the State (other than the District of 

8 Columbia) which is entitled to one additional Rep9 resentative pursuant to this section. 

10 (3) REQUIREMENTS FOR ELECTION OF ADDI11 TIONAL MEMBER.—During the One Hundred Twelfth 

12 Congress— 

13 (A) notwithstanding the final undesignated 

14 paragraph of the Act entitled ‘‘An Act for the re15 lief of Doctor Ricardo Vallejo Samala and to 

16 provide for congressional redistricting’’, ap17 proved December 14, 1967 (2 U.S.C. 2c), the ad18 ditional Representative to which the State iden19 tified by the Clerk of the House of Representa20 tives in the report submitted under paragraph 

21 (2) is entitled shall be elected from the State at 

22 large; and 

23 (B) the other Representatives to which such 

24 State is entitled shall be elected on the basis of 


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1 the Congressional districts in effect in the State 

2 for the One Hundred Eleventh Congress. 

3 SEC. 4. NONSEVERABILITY OF PROVISIONS. 

4 If any provision of this Act, or any amendment made 

5 by this Act, is declared or held invalid or unenforceable, 

6 the remaining provisions of this Act and any amendment 

7 made by this Act shall be treated and deemed invalid and 

8 shall have no force or effect of law. 

9 SEC. 5. EXPEDITED JUDICIAL REVIEW. 

10 If any action is brought to challenge the constitu11 tionality of any provision of this Act or any amendment 

12 made by this Act, the following rules shall apply: 

13 (1) The action shall be filed in the United States 

14 District Court for the District of Columbia and shall 

15 be heard by a 3-judge court convened pursuant to sec16 tion 2284 of title 28, United States Code. 

17 (2) A copy of the complaint shall be delivered 

18 promptly to the Clerk of the House of Representatives 

19 and the Secretary of the Senate. 

20 (3) A final decision in the action shall be review21 able only by appeal directly to the Supreme Court of 

22 the United States. Such appeal shall be taken by the 

23 filing of a notice of appeal within 10 days, and the 

24 filing of a jurisdictional statement within 30 days, of 

25 the entry of the final decision. 


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1 (4) It shall be the duty of the United States Dis2 trict Court for the District of Columbia and the Su3 preme Court of the United States to advance on the 

4 docket and to expedite to the greatest possible extent 

5 the disposition of the action and appeal. 


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Union Calendar No. 8 

111TH CONGRESS 

1ST SESSION H. R. 157 

[Report No. 111–22] 

A BILL 

To provide for the treatment of the District of Cotives, and for other purposes. of representation in the House of Representa- lumbia as a Congressional district for purposes 

MARCH 2, 2009 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


hsrobinson on PROD1PC76 with BILLS