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

                                                        Calendar No. 23
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, Mr. Feingold, 
Mrs. McCaskill, Mr. Carper, Ms. Landrieu, Ms. Mikulski, Mr. Levin, and 
Mr. Voinovich) introduced the following bill; which was read twice and 
referred to the Committee on Homeland Security and Governmental Affairs

                           February 12, 2009

              Reported by Mr. Lieberman, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

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

<DELETED>SEC. 2. TREATMENT OF DISTRICT OF COLUMBIA AS CONGRESSIONAL 
              DISTRICT.</DELETED>

<DELETED>    (a) Congressional District and No Senate Representation.--
</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (b) Conforming Amendments Relating to Apportionment of 
Members of House of Representatives.--</DELETED>
        <DELETED>    (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:</DELETED>
<DELETED>    ``(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.''.</DELETED>
        <DELETED>    (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);''.</DELETED>

<DELETED>SEC. 3. INCREASE IN MEMBERSHIP OF HOUSE OF 
              REPRESENTATIVES.</DELETED>

<DELETED>    (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).</DELETED>
<DELETED>    (b) Reapportionment of Members Resulting From Increase.--
</DELETED>
        <DELETED>    (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''.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (c) Transmittal of Revised Apportionment Information by 
President.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 4. EFFECTIVE DATE; TIMING OF ELECTIONS.</DELETED>

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

<DELETED>SEC. 5. CONFORMING AMENDMENTS.</DELETED>

<DELETED>    (a) Repeal of Office of District of Columbia Delegate.--
</DELETED>
        <DELETED>    (1) Repeal of office.--</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (2) Conforming amendments to district of columbia 
        elections code of 1955.--The District of Columbia Elections 
        Code of 1955 is amended as follows:</DELETED>
                <DELETED>    (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,''.</DELETED>
                <DELETED>    (B) In section 2 (sec. 1-1001.02, D.C. 
                Official Code)--</DELETED>
                        <DELETED>    (i) by striking paragraph (6); 
                        and</DELETED>
                        <DELETED>    (ii) in paragraph (13), by 
                        striking ``the Delegate to Congress for the 
                        District of Columbia,'' and inserting ``the 
                        Representative in Congress,''.</DELETED>
                <DELETED>    (C) In section 8 (sec. 1-1001.08, D.C. 
                Official Code)--</DELETED>
                        <DELETED>    (i) in the heading, by striking 
                        ``Delegate'' and inserting ``Representative''; 
                        and</DELETED>
                        <DELETED>    (ii) by striking ``Delegate,'' 
                        each place it appears in subsections (h)(1)(A), 
                        (i)(1), and (j)(1) and inserting 
                        ``Representative in Congress,''.</DELETED>
                <DELETED>    (D) In section 10 (sec. 1-1001.10, D.C. 
                Official Code)--</DELETED>
                        <DELETED>    (i) in subsection (a)(3)(A)--
                        </DELETED>
                                <DELETED>    (I) by striking ``or 
                                section 206(a) of the District of 
                                Columbia Delegate Act''; and</DELETED>
                                <DELETED>    (II) by striking ``the 
                                office of Delegate to the House of 
                                Representatives'' and inserting ``the 
                                office of Representative in 
                                Congress'';</DELETED>
                        <DELETED>    (ii) in subsection (d)(1), by 
                        striking ``Delegate,'' each place it appears; 
                        and</DELETED>
                        <DELETED>    (iii) in subsection (d)(2)--
                        </DELETED>
                                <DELETED>    (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</DELETED>
                                <DELETED>    (II) by striking 
                                subparagraph (B).</DELETED>
                <DELETED>    (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,''.</DELETED>
                <DELETED>    (F) In section 15(b) (sec. 1-1001.15(b), 
                D.C. Official Code), by striking ``Delegate,'' and 
                inserting ``Representative in Congress,''.</DELETED>
                <DELETED>    (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''.</DELETED>
<DELETED>    (b) Repeal of Office of Statehood Representative.--
</DELETED>
        <DELETED>    (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:</DELETED>
                <DELETED>    (A) By striking ``offices of Senator and 
                Representative'' each place it appears in subsection 
                (d) and inserting ``office of Senator''.</DELETED>
                <DELETED>    (B) In subsection (d)(2)--</DELETED>
                        <DELETED>    (i) by striking ``a Representative 
                        or'';</DELETED>
                        <DELETED>    (ii) by striking ``the 
                        Representative or''; and</DELETED>
                        <DELETED>    (iii) by striking ``Representative 
                        shall be elected for a 2-year term and 
                        each''.</DELETED>
                <DELETED>    (C) In subsection (d)(3)(A), by striking 
                ``and 1 United States Representative''.</DELETED>
                <DELETED>    (D) By striking ``Representative or'' each 
                place it appears in subsections (e), (f), (g), and 
                (h).</DELETED>
                <DELETED>    (E) By striking ``Representative's or'' 
                each place it appears in subsections (g) and 
                (h).</DELETED>
        <DELETED>    (2) Conforming amendments.--</DELETED>
                <DELETED>    (A) Statehood commission.--Section 6 of 
                such Initiative (sec. 1-125, D.C. Official Code) is 
                amended--</DELETED>
                        <DELETED>    (i) in subsection (a)--</DELETED>
                                <DELETED>    (I) by striking ``27 
                                voting members'' and inserting ``26 
                                voting members'';</DELETED>
                                <DELETED>    (II) by adding ``and'' at 
                                the end of paragraph (5); and</DELETED>
                                <DELETED>    (III) by striking 
                                paragraph (6) and redesignating 
                                paragraph (7) as paragraph (6); 
                                and</DELETED>
                        <DELETED>    (ii) in subsection (a-1)(1), by 
                        striking subparagraph (H).</DELETED>
                <DELETED>    (B) Authorization of appropriations.--
                Section 8 of such Initiative (sec. 1-127, D.C. Official 
                Code) is amended by striking ``and House''.</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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''.</DELETED>
                <DELETED>    (E) District of columbia elections code of 
                1955.--The District of Columbia Elections Code of 1955 
                is amended--</DELETED>
                        <DELETED>    (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</DELETED>
                        <DELETED>    (ii) in section 10(d) (sec. 1-
                        1001.10(d)(3), D.C. Official Code), by striking 
                        ``United States Representative or''.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (c) Conforming Amendments Regarding Appointments to 
Service Academies.--</DELETED>
        <DELETED>    (1) United states military academy.--Section 4342 
        of title 10, United States Code, is amended--</DELETED>
                <DELETED>    (A) in subsection (a), by striking 
                paragraph (5); and</DELETED>
                <DELETED>    (B) in subsection (f), by striking ``the 
                District of Columbia,''.</DELETED>
        <DELETED>    (2) United states naval academy.--Such title is 
        amended--</DELETED>
                <DELETED>    (A) in section 6954(a), by striking 
                paragraph (5); and</DELETED>
                <DELETED>    (B) in section 6958(b), by striking ``the 
                District of Columbia,''.</DELETED>
        <DELETED>    (3) United states air force academy.--Section 9342 
        of title 10, United States Code, is amended--</DELETED>
                <DELETED>    (A) in subsection (a), by striking 
                paragraph (5); and</DELETED>
                <DELETED>    (B) in subsection (f), by striking ``the 
                District of Columbia,''.</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 6. NONSEVERABILITY OF PROVISIONS AND 
              NONAPPLICABILITY.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 7. JUDICIAL REVIEW.</DELETED>

<DELETED>    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:</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) A copy of the complaint shall be delivered 
        promptly to the Clerk of the House of Representatives and the 
        Secretary of the Senate.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>

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 ``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, 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).
    (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, or the first Congress sworn in 
        after implementation of the District of Columbia House Voting 
        Rights Act of 2009''.
            (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 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.
            (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.
            (3) Additional statements and reports.--
                    (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.
                    (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).

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

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.

SEC. 6. 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. 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.
    (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. 8. 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 District Court of the 
        United States 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 District Court of the 
        United States 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.
                                                        Calendar No. 23

111th CONGRESS

  1st Session

                                 S. 160

_______________________________________________________________________

                                 A BILL

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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