II 

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. 

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


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1 SECTION 1. SHORT TITLE. 

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

3 House Voting Rights Act of 2009’’. 

4 SEC. 2. TREATMENT OF DISTRICT OF COLUMBIA AS CON5 GRESSIONAL DISTRICT. 

6 (a) CONGRESSIONAL DISTRICT AND NO SENATE

7 REPRESENTATION.— 

8 (1) IN GENERAL.—Notwithstanding any other 

9 provision of law, the District of Columbia shall be 

10 considered a Congressional district for purposes of 

11 representation in the House of Representatives. 

12 (2) NO REPRESENTATION PROVIDED IN SEN13 ATE.—The District of Columbia shall not be consid14 ered a State for purposes of representation in the 

15 United States Senate. 

16 (b) CONFORMING AMENDMENTS RELATING TO AP17 PORTIONMENT OF MEMBERS OF HOUSE OF REPRESENTA18 TIVES.— 

19 (1) INCLUSION OF SINGLE DISTRICT OF COLUM20 BIA MEMBER IN REAPPORTIONMENT OF MEMBERS

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

22 Act to provide for the fifteenth and subsequent de23 cennial censuses and to provide for apportionment of 

24 Representatives in Congress’’, approved June 28, 

25 1929 (2 U.S.C. 2a), is amended by adding at the 

26 end 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, except that the District of Columbia may 

4 not receive more than one Member under any reapportion5 ment of Members.’’. 

6 (2) CLARIFICATION OF DETERMINATION OF

7 NUMBER OF PRESIDENTIAL ELECTORS ON BASIS OF

8 23RD AMENDMENT.—Section 3 of title 3, United 

9 States Code, is amended by striking ‘‘come into of10 fice;’’ and inserting the following: ‘‘come into office 

11 (subject to the twenty-third article of amendment to 

12 the Constitution of the United States in the case of 

13 the District of Columbia);’’. 

14 SEC. 3. INCREASE IN MEMBERSHIP OF HOUSE OF REP15 RESENTATIVES. 

16 (a) PERMANENT INCREASE IN NUMBER OF MEM17 BERS.—Effective with respect to the 112th Congress and 

18 each succeeding Congress, the House of Representatives 

19 shall be composed of 437 Members, including the Member 

20 representing the District of Columbia pursuant to section 

21 2(a). 

22 (b) REAPPORTIONMENT OF MEMBERS RESULTING

23 FROM INCREASE.— 

24 (1) IN GENERAL.—Section 22(a) of the Act en25 titled ‘‘An Act to provide for the fifteenth and subseVerDate Nov 24 2008 00:29 Feb 13, 2009 Jkt 079200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6401 E:\BILLS\S160.RS S160

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1 quent decennial censuses and to provide for appor2 tionment of Representatives in Congress’’, approved 

3 June 28, 1929 (2 U.S.C. 2a(a)), is amended by 

4 striking ‘‘the then existing number of Representa5 tives’’ and inserting ‘‘the number of Representatives 

6 established with respect to the 112th Congress’’. 

7 (2) EFFECTIVE DATE.—The amendment made 

8 by paragraph (1) shall apply with respect to the reg9 ular decennial census conducted for 2010 and each 

10 subsequent regular decennial census. 

11 (c) TRANSMITTAL OF REVISED APPORTIONMENT IN12 FORMATION BY PRESIDENT.— 

13 (1) STATEMENT OF APPORTIONMENT BY PRESI14 DENT.—Not later than 30 days after the date of the 

15 enactment of this Act, the President shall transmit 

16 to Congress a revised version of the most recent 

17 statement of apportionment submitted under section 

18 22(a) of the Act entitled ‘‘An Act to provide for the 

19 fifteenth and subsequent decennial censuses and to 

20 provide for apportionment of Representatives in 

21 Congress’’, approved June 28, 1929 (2 U.S.C. 

22 2a(a)), to take into account this Act and the amend23 ments made by this Act and identifying the State of 

24 Utah as the State entitled to one additional Rep25 resentative pursuant to this section. 


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1 (2) REPORT BY CLERK.—Not later than 15 cal2 endar days after receiving the revised version of the 

3 statement of apportionment under paragraph (1), 

4 the Clerk of the House of Representatives shall sub5 mit a report to the Speaker of the House of Rep6 resentatives identifying the State of Utah as the 

7 State entitled to one additional Representative pur8 suant to this section. 

9 SEC. 4. EFFECTIVE DATE; TIMING OF ELECTIONS. 

10 The general election for the additional Representative 

11 to which the State of Utah is entitled for the 112th Con12 gress and the general election for the Representative from 

13 the District of Columbia for the 112th Congress shall be 

14 subject to the following requirements: 

15 (1) The additional Representative from the 

16 State of Utah will be elected pursuant to a redis17 tricting plan enacted by the State, such as the plan 

18 the State of Utah signed into law on December 5, 

19 2006, which— 

20 (A) revises the boundaries of Congressional 

21 districts in the State to take into account the 

22 additional Representative to which the State is 

23 entitled under section 3; and 

24 (B) remains in effect until the taking ef25 fect of the first reapportionment occurring after 


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1 the regular decennial census conducted for 

2 2010. 

3 (2) The additional Representative from the 

4 State of Utah and the Representative from the Dis5 trict of Columbia shall be sworn in and seated as 

6 Members of the House of Representatives on the 

7 same date as other Members of the 112th Congress. 

8 SEC. 5. CONFORMING AMENDMENTS. 

9 (a) REPEAL OF OFFICE OF DISTRICT OF COLUMBIA

10 DELEGATE.— 

11 (1) REPEAL OF OFFICE.— 

12 (A) IN GENERAL.—Sections 202 and 204 

13 of the District of Columbia Delegate Act (Pub14 lic Law 91–405; sections 1–401 and 1–402, 

15 D.C. Official Code) are repealed, and the provi16 sions of law amended or repealed by such sec17 tions are restored or revived as if such sections 

18 had not been enacted. 

19 (B) EFFECTIVE DATE.—The amendments 

20 made by this subsection shall take effect on the 

21 date on which a Representative from the Dis22 trict of Columbia takes office. 

23 (2) CONFORMING AMENDMENTS TO DISTRICT

24 OF COLUMBIA ELECTIONS CODE OF 1955.—The DisVerDate Nov 24 2008 00:29 Feb 13, 2009 Jkt 079200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6401 E:\BILLS\S160.RS S160

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1 trict of Columbia Elections Code of 1955 is amended 

2 as follows: 

3 (A) In section 1 (sec. 1–1001.01, D.C. Of4 ficial Code), by striking ‘‘the Delegate to the 

5 House of Representatives,’’ and inserting ‘‘the 

6 Representative in Congress,’’. 

7 (B) In section 2 (sec. 1–1001.02, D.C. Of8 ficial Code)— 

9 (i) by striking paragraph (6); and 

10 (ii) in paragraph (13), by striking 

11 ‘‘the Delegate to Congress for the District 

12 of Columbia,’’ and inserting ‘‘the Rep13 resentative in Congress,’’. 

14 (C) In section 8 (sec. 1–1001.08, D.C. Of15 ficial Code)— 

16 (i) in the heading, by striking ‘‘Dele17 gate’’ and inserting ‘‘Representative’’; and 

18 (ii) by striking ‘‘Delegate,’’ each place 

19 it appears in subsections (h)(1)(A), (i)(1), 

20 and (j)(1) and inserting ‘‘Representative in 

21 Congress,’’. 

22 (D) In section 10 (sec. 1–1001.10, D.C. 

23 Official Code)— 

24 (i) in subsection (a)(3)(A)— 


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1 (I) by striking ‘‘or section 206(a) 

2 of the District of Columbia Delegate 

3 Act’’; and 

4 (II) by striking ‘‘the office of 

5 Delegate to the House of Representa6 tives’’ and inserting ‘‘the office of 

7 Representative in Congress’’; 

8 (ii) in subsection (d)(1), by striking 

9 ‘‘Delegate,’’ each place it appears; and 

10 (iii) in subsection (d)(2)— 

11 (I) by striking ‘‘(A) In the event’’ 

12 and all that follows through ‘‘term of 

13 office,’’ and inserting ‘‘In the event 

14 that a vacancy occurs in the office of 

15 Representative in Congress before 

16 May 1 of the last year of the Rep17 resentative’s term of office,’’; and 

18 (II) by striking subparagraph 

19 (B). 

20 (E) In section 11(a)(2) (sec. 1– 

21 1001.11(a)(2), D.C. Official Code), by striking 

22 ‘‘Delegate to the House of Representatives,’’ 

23 and inserting ‘‘Representative in Congress,’’. 


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1 (F) In section 15(b) (sec. 1–1001.15(b), 

2 D.C. Official Code), by striking ‘‘Delegate,’’ 

3 and inserting ‘‘Representative in Congress,’’. 

4 (G) In section 17(a) (sec. 1–1001.17(a), 

5 D.C. Official Code), by striking ‘‘the Delegate 

6 to Congress from the District of Columbia’’ and 

7 inserting ‘‘the Representative in Congress’’. 

8 (b) REPEAL OF OFFICE OF STATEHOOD REPRESENT9 ATIVE.— 

10 (1) IN GENERAL.—Section 4 of the District of 

11 Columbia Statehood Constitutional Convention Ini12 tiative of 1979 (sec. 1–123, D.C. Official Code) is 

13 amended as follows: 

14 (A) By striking ‘‘offices of Senator and 

15 Representative’’ each place it appears in sub16 section (d) and inserting ‘‘office of Senator’’. 

17 (B) In subsection (d)(2)— 

18 (i) by striking ‘‘a Representative or’’; 

19 (ii) by striking ‘‘the Representative 

20 or’’; and 

21 (iii) by striking ‘‘Representative shall 

22 be elected for a 2-year term and each’’. 

23 (C) In subsection (d)(3)(A), by striking 

24 ‘‘and 1 United States Representative’’. 


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1 (D) By striking ‘‘Representative or’’ each 

2 place it appears in subsections (e), (f), (g), and 

3 (h). 

4 (E) By striking ‘‘Representative’s or’’ each 

5 place it appears in subsections (g) and (h). 

6 (2) CONFORMING AMENDMENTS.— 

7 (A) STATEHOOD COMMISSION.—Section 6 

8 of such Initiative (sec. 1–125, D.C. Official 

9 Code) is amended— 

10 (i) in subsection (a)— 

11 (I) by striking ‘‘27 voting mem12 bers’’ and inserting ‘‘26 voting mem13 bers’’; 

14 (II) by adding ‘‘and’’ at the end 

15 of paragraph (5); and 

16 (III) by striking paragraph (6) 

17 and redesignating paragraph (7) as 

18 paragraph (6); and 

19 (ii) in subsection (a–1)(1), by striking 

20 subparagraph (H). 

21 (B) AUTHORIZATION OF APPROPRIA22 TIONS.—Section 8 of such Initiative (sec. 1– 

23 127, D.C. Official Code) is amended by striking 

24 ‘‘and House’’. 


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1 (C) APPLICATION OF HONORARIA LIMITA2 TIONS.—Section 4 of D.C. Law 8–135 (sec. 1– 

3 131, D.C. Official Code) is amended by striking 

4 ‘‘or Representative’’ each place it appears. 

5 (D) APPLICATION OF CAMPAIGN FINANCE

6 LAWS.—Section 3 of the Statehood Convention 

7 Procedural Amendments Act of 1982 (sec. 1– 

8 135, D.C. Official Code) is amended by striking 

9 ‘‘and United States Representative’’. 

10 (E) DISTRICT OF COLUMBIA ELECTIONS

11 CODE OF 1955.—The District of Columbia Elec12 tions Code of 1955 is amended— 

13 (i) in section 2(13) (sec. 1– 

14 1001.02(13), D.C. Official Code), by strik15 ing ‘‘United States Senator and Represent16 ative,’’ and inserting ‘‘United States Sen17 ator,’’; and 

18 (ii) in section 10(d) (sec. 1– 

19 1001.10(d)(3), D.C. Official Code), by 

20 striking ‘‘United States Representative 

21 or’’. 

22 (3) EFFECTIVE DATE.—The amendments made 

23 by this subsection shall take effect on the date on 

24 which a Representative from the District of Colum25 bia takes office. 


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1 (c) CONFORMING AMENDMENTS REGARDING AP2 POINTMENTS TO SERVICE ACADEMIES.— 

3 (1) UNITED STATES MILITARY ACADEMY.—Sec4 tion 4342 of title 10, United States Code, is amend5 ed— 

6 (A) in subsection (a), by striking para7 graph (5); and 

8 (B) in subsection (f), by striking ‘‘the Dis9 trict of Columbia,’’. 

10 (2) UNITED STATES NAVAL ACADEMY.—Such 

11 title is amended— 

12 (A) in section 6954(a), by striking para13 graph (5); and 

14 (B) in section 6958(b), by striking ‘‘the 

15 District of Columbia,’’. 

16 (3) UNITED STATES AIR FORCE ACADEMY.— 

17 Section 9342 of title 10, United States Code, is 

18 amended— 

19 (A) in subsection (a), by striking para20 graph (5); and 

21 (B) in subsection (f), by striking ‘‘the Dis22 trict of Columbia,’’. 

23 (4) EFFECTIVE DATE.—This subsection and the 

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1 fect on the date on which a Representative from the 

2 District of Columbia takes office. 

3 SEC. 6. NONSEVERABILITY OF PROVISIONS AND NON4 APPLICABILITY. 

5 (a) NONSEVERABILITY.—If any provision of this Act 

6 or any amendment made by this Act is declared or held 

7 invalid or unenforceable, the remaining provisions of this 

8 Act or any amendment made by this Act shall be treated 

9 and deemed invalid and shall have no force or effect of 

10 law. 

11 (b) NONAPPLICABILITY.—Nothing in the Act shall be 

12 construed to affect the first reapportionment occurring 

13 after the regular decennial census conducted for 2010 if 

14 this Act has not taken effect. 

15 SEC. 7. JUDICIAL REVIEW. 

16 If any action is brought to challenge the constitu17 tionality of any provision of this Act or any amendment 

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

19 (1) The action shall be filed in the United 

20 States District Court for the District of Columbia 

21 and shall be heard by a 3-judge court convened pur22 suant to section 2284 of title 28, United States 

23 Code. 


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

2 promptly to the Clerk of the House of Representa3 tives and the Secretary of the Senate. 

4 (3) A final decision in the action shall be re5 viewable only by appeal directly to the Supreme 

6 Court of the United States. Such appeal shall be 

7 taken by the filing of a notice of appeal within 10 

8 days, and the filing of a jurisdictional statement 

9 within 30 days, of the entry of the final decision. 

10 (4) It shall be the duty of the United States 

11 District Court for the District of Columbia and the 

12 Supreme Court of the United States to advance on 

13 the docket and to expedite to the greatest possible 

14 extent the disposition of the action and appeal. 

15 SECTION 1. SHORT TITLE. 

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

17 House Voting Rights Act of 2009’’. 

18 SEC. 2. TREATMENT OF DISTRICT OF COLUMBIA AS CON19 GRESSIONAL DISTRICT. 

20 (a) CONGRESSIONAL DISTRICT AND NO SENATE REP21 RESENTATION.— 

22 (1) IN GENERAL.—Notwithstanding any other 

23 provision of law, the District of Columbia shall be 

24 considered a congressional district for purposes of 

25 representation in the House of Representatives. 


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1 (2) NO REPRESENTATION PROVIDED IN SEN2 ATE.—The District of Columbia shall not be consid3 ered a State for purposes of representation in the 

4 United States Senate. 

5 (b) CONFORMING AMENDMENTS RELATING TO APPOR6 TIONMENT OF MEMBERS OF HOUSE OF REPRESENTA7 TIVES.— 

8 (1) INCLUSION OF SINGLE DISTRICT OF COLUM9 BIA MEMBER IN REAPPORTIONMENT OF MEMBERS

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

11 Act to provide for the fifteenth and subsequent decen12 nial censuses and to provide for apportionment of 

13 Representatives in Congress’’, approved June 28, 

14 1929 (2 U.S.C. 2a), is amended by adding at the end 

15 the following new subsection: 

16 ‘‘(d) This section shall apply with respect to the Dis17 trict of Columbia in the same manner as this section ap18 plies to a State, except that the District of Columbia may 

19 not receive more than one Member under any reapportion20 ment of Members.’’. 

21 (2) CLARIFICATION OF DETERMINATION OF NUM22 BER OF PRESIDENTIAL ELECTORS ON BASIS OF 23RD

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

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

25 inserting ‘‘come into office (subject to the twenty-third 


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1 article of amendment to the Constitution of the 

2 United States in the case of the District of Colum3 bia);’’. 

4 SEC. 3. INCREASE IN MEMBERSHIP OF HOUSE OF REP5 RESENTATIVES. 

6 (a) PERMANENT INCREASE IN NUMBER OF MEM7 BERS.—Effective with respect to the 112th Congress, or the 

8 first Congress sworn in after the implementation of this Act, 

9 and each succeeding Congress, the House of Representatives 

10 shall be composed of 437 Members, including the Member 

11 representing the District of Columbia pursuant to section 

12 2(a). 

13 (b) REAPPORTIONMENT OF MEMBERS RESULTING

14 FROM INCREASE.— 

15 (1) IN GENERAL.—Section 22(a) of the Act enti16 tled ‘‘An Act to provide for the fifteenth and subse17 quent decennial censuses and to provide for appor18 tionment of Representatives in Congress’’, approved 

19 June 28, 1929 (2 U.S.C. 2a(a)), is amended by strik20 ing ‘‘the then existing number of Representatives’’ 

21 and inserting ‘‘the number of Representatives estab22 lished with respect to the 112th Congress, or the first 

23 Congress sworn in after implementation of the Dis24 trict of Columbia House Voting Rights Act of 2009’’. 


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

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

3 decennial census conducted for 2010 and each subse4 quent regular decennial census. 

5 (c) TRANSMITTAL OF REVISED APPORTIONMENT IN6 FORMATION BY PRESIDENT.— 

7 (1) STATEMENT OF APPORTIONMENT BY PRESI8 DENT.—Not later than 30 days after the date of the 

9 enactment of this Act, the President shall transmit to 

10 Congress a revised version of the most recent state11 ment of apportionment submitted under section 22 of 

12 the Act entitled ‘‘An Act to provide for the fifteenth 

13 and subsequent decennial censuses and to provide for 

14 apportionment of Representatives in Congress’’, ap15 proved June 28, 1929 (2 U.S.C. 2a), to take into ac16 count this Act and the amendments made by this Act. 

17 The statement shall reflect that the District of Colum18 bia is entitled to one Representative and shall iden19 tify the other State entitled to one representative 

20 under this section. Pursuant to section 22 of the Act 

21 entitled ‘‘An Act to provide for the fifteenth and sub22 sequent decennial censuses and to provide for appor23 tionment of Representatives in Congress’’, approved 

24 June 28, 1929 (2 U.S.C. 2a), as amended by this Act, 

25 and the regular decennial census conducted for 2000, 


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1 the State entitled to the one additional representative 

2 is Utah. 

3 (2) REPORT BY CLERK.—Not later than 15 cal4 endar days after receiving the revised version of the 

5 statement of apportionment under paragraph (1), the 

6 Clerk of the House of Representatives shall submit a 

7 report to the Speaker of the House of Representatives 

8 indicating that the District of Columbia is entitled to 

9 one Representative and identifying the State which is 

10 entitled to one additional Representative pursuant to 

11 this section. Pursuant to section 22 of the Act entitled 

12 ‘‘An Act to provide for the fifteenth and subsequent 

13 decennial censuses and to provide for apportionment 

14 of Representatives in Congress’’, approved June 28, 

15 1929 (2 U.S.C. 2a), as amended by this Act, and the 

16 regular decennial census conducted for 2000, the State 

17 entitled to the one additional representative is Utah. 

18 (3) ADDITIONAL STATEMENTS AND REPORTS.— 

19 (A) IN GENERAL.—Subject to subparagraph 

20 (B) and following the revised statement of appor21 tionment and subsequent report under para22 graphs (1) and (2), the Statement of Apportion23 ment by the President and subsequent reports by 

24 the Clerk of the House of Representatives shall 

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1 ant to the methodology specified under section 22 

2 of the Act entitled ‘‘An Act to provide for the fif3 teenth and subsequent decennial censuses and to 

4 provide for apportionment of Representatives in 

5 Congress’’, approved June 28, 1929 (2 U.S.C. 

6 2a), as amended by this Act. 

7 (B) FAILURE TO COMPLETE.—In the event 

8 that the revised statement of apportionment and 

9 subsequent report under paragraphs (1) and (2) 

10 can not be completed prior to the issuance of the 

11 regular statement of apportionment and subse12 quent report under section 22 of the Act entitled 

13 ‘‘An Act to provide for the fifteenth and subse14 quent decennial censuses and to provide for ap15 portionment of Representatives in Congress’’, ap16 proved June 28, 1929 (2 U.S.C. 2a), as amended 

17 by this Act, the President and Clerk may dis18 regard paragraphs (1) and (2). 

19 SEC. 4. UTAH REDISTRICTING PLAN. 

20 The general election for the additional Representative 

21 to which the State of Utah is entitled for the 112th Congress, 

22 pursuant to section 3(c), shall be elected pursuant to a re23 districting plan enacted by the State, such as the plan the 

24 State of Utah signed into law on December 5, 2006, 

25 which— 


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1 (1) revises the boundaries of congressional dis2 tricts in the State to take into account the additional 

3 Representative to which the State is entitled under 

4 section 3; and 

5 (2) remains in effect until the taking effect of the 

6 first reapportionment occurring after the regular de7 cennial census conducted for 2010. 

8 SEC. 5. EFFECTIVE DATE. 

9 The additional Representative other than the Rep10 resentative from the District of Columbia, pursuant to sec11 tion 3(c), and the Representative from the District of Co12 lumbia shall be sworn in and seated as Members of the 

13 House of Representatives on the same date as other Members 

14 of the 112th Congress or the first Congress sworn in after 

15 implementation of this Act. 

16 SEC. 6. CONFORMING AMENDMENTS. 

17 (a) REPEAL OF OFFICE OF DISTRICT OF COLUMBIA

18 DELEGATE.— 

19 (1) REPEAL OF OFFICE.— 

20 (A) IN GENERAL.—Sections 202 and 204 of 

21 the District of Columbia Delegate Act (Public 

22 Law 91–405; sections 1–401 and 1–402, D.C. Of23 ficial Code) are repealed, and the provisions of 

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1 stored or revived as if such sections had not been 

2 enacted. 

3 (B) EFFECTIVE DATE.—The amendments 

4 made by this subsection shall take effect on the 

5 date on which a Representative from the District 

6 of Columbia takes office. 

7 (2) CONFORMING AMENDMENTS TO DISTRICT OF

8 COLUMBIA ELECTIONS CODE OF 1955.—The District of 

9 Columbia Elections Code of 1955 is amended as fol10 lows: 

11 (A) In section 1 (sec. 1–1001.01, D.C. Offi12 cial Code), by striking ‘‘the Delegate to the 

13 House of Representatives,’’ and inserting ‘‘the 

14 Representative in Congress,’’. 

15 (B) In section 2 (sec. 1–1001.02, D.C. Offi16 cial Code)— 

17 (i) by striking paragraph (6); and 

18 (ii) in paragraph (13), by striking 

19 ‘‘the Delegate to Congress for the District of 

20 Columbia,’’ and inserting ‘‘the Representa21 tive in Congress,’’. 

22 (C) In section 8 (sec. 1–1001.08, D.C. Offi23 cial Code)— 

24 (i) in the heading, by striking ‘‘Dele25 gate’’ and inserting ‘‘Representative’’; and 


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1 (ii) by striking ‘‘Delegate,’’ each place 

2 it appears in subsections (h)(1)(A), (i)(1), 

3 and (j)(1) and inserting ‘‘Representative in 

4 Congress,’’. 

5 (D) In section 10 (sec. 1–1001.10, D.C. Of6 ficial Code)— 

7 (i) in subsection (a)(3)(A)— 

8 (I) by striking ‘‘or section 206(a) 

9 of the District of Columbia Delegate 

10 Act’’; and 

11 (II) by striking ‘‘the office of Dele12 gate to the House of Representatives’’ 

13 and inserting ‘‘the office of Representa14 tive in Congress’’; 

15 (ii) in subsection (d)(1), by striking 

16 ‘‘Delegate,’’ each place it appears; and 

17 (iii) in subsection (d)(2)— 

18 (I) by striking ‘‘(A) In the event’’ 

19 and all that follows through ‘‘term of 

20 office,’’ and inserting ‘‘In the event 

21 that a vacancy occurs in the office of 

22 Representative in Congress before May 

23 1 of the last year of the Representa24 tive’s term of office,’’; and 


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1 (II) by striking subparagraph 

2 (B). 

3 (E) In section 11(a)(2) (sec. 1– 

4 1001.11(a)(2), D.C. Official Code), by striking 

5 ‘‘Delegate to the House of Representatives,’’ and 

6 inserting ‘‘Representative in Congress,’’. 

7 (F) In section 15(b) (sec. 1–1001.15(b), D.C. 

8 Official Code), by striking ‘‘Delegate,’’ and in9 serting ‘‘Representative in Congress,’’. 

10 (G) In section 17(a) (sec. 1–1001.17(a), 

11 D.C. Official Code), by striking ‘‘the Delegate to 

12 Congress from the District of Columbia’’ and in13 serting ‘‘the Representative in Congress’’. 

14 (b) REPEAL OF OFFICE OF STATEHOOD REPRESENTA15 TIVE.— 

16 (1) IN GENERAL.—Section 4 of the District of 

17 Columbia Statehood Constitutional Convention Ini18 tiative of 1979 (sec. 1–123, D.C. Official Code) is 

19 amended as follows: 

20 (A) By striking ‘‘offices of Senator and 

21 Representative’’ each place it appears in sub22 section (d) and inserting ‘‘office of Senator’’. 

23 (B) In subsection (d)(2)— 

24 (i) by striking ‘‘a Representative or’’; 


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1 (ii) by striking ‘‘the Representative 

2 or’’; and 

3 (iii) by striking ‘‘Representative shall 

4 be elected for a 2-year term and each’’. 

5 (C) In subsection (d)(3)(A), by striking 

6 ‘‘and 1 United States Representative’’. 

7 (D) By striking ‘‘Representative or’’ each 

8 place it appears in subsections (e), (f), (g), and 

9 (h). 

10 (E) By striking ‘‘Representative’s or’’ each 

11 place it appears in subsections (g) and (h). 

12 (2) CONFORMING AMENDMENTS.— 

13 (A) STATEHOOD COMMISSION.—Section 6 of 

14 such Initiative (sec. 1–125, D.C. Official Code) is 

15 amended— 

16 (i) in subsection (a)— 

17 (I) by striking ‘‘27 voting mem18 bers’’ and inserting ‘‘26 voting mem19 bers’’; 

20 (II) by adding ‘‘and’’ at the end 

21 of paragraph (5); and 

22 (III) by striking paragraph (6) 

23 and redesignating paragraph (7) as 

24 paragraph (6); and 


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1 (ii) in subsection (a–1)(1), by striking 

2 subparagraph (H). 

3 (B) AUTHORIZATION OF APPROPRIA4 TIONS.—Section 8 of such Initiative (sec. 1–127, 

5 D.C. Official Code) is amended by striking ‘‘and 

6 House’’. 

7 (C) APPLICATION OF HONORARIA LIMITA8 TIONS.—Section 4 of D.C. Law 8–135 (sec. 1– 

9 131, D.C. Official Code) is amended by striking 

10 ‘‘or Representative’’ each place it appears. 

11 (D) APPLICATION OF CAMPAIGN FINANCE

12 LAWS.—Section 3 of the Statehood Convention 

13 Procedural Amendments Act of 1982 (sec. 1–135, 

14 D.C. Official Code) is amended by striking ‘‘and 

15 United States Representative’’. 

16 (E) DISTRICT OF COLUMBIA ELECTIONS

17 CODE OF 1955.—The District of Columbia Elec18 tions Code of 1955 is amended— 

19 (i) in section 2(13) (sec. 1– 

20 1001.02(13), D.C. Official Code), by strik21 ing ‘‘United States Senator and Represent22 ative,’’ and inserting ‘‘United States Sen23 ator,’’; and 


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1 (ii) in section 10(d) (sec. 1– 

2 1001.10(d)(3), D.C. Official Code), by strik3 ing ‘‘United States Representative or’’. 

4 (3) EFFECTIVE DATE.—The amendments made 

5 by this subsection shall take effect on the date on 

6 which a Representative from the District of Columbia 

7 takes office. 

8 (c) CONFORMING AMENDMENTS REGARDING APPOINT9 MENTS TO SERVICE ACADEMIES.— 

10 (1) UNITED STATES MILITARY ACADEMY.—Sec11 tion 4342 of title 10, United States Code, is amend12 ed— 

13 (A) in subsection (a), by striking paragraph 

14 (5); and 

15 (B) in subsection (f), by striking ‘‘the Dis16 trict of Columbia,’’. 

17 (2) UNITED STATES NAVAL ACADEMY.—Such 

18 title is amended— 

19 (A) in section 6954(a), by striking para20 graph (5); and 

21 (B) in section 6958(b), by striking ‘‘the Dis22 trict of Columbia,’’. 

23 (3) UNITED STATES AIR FORCE ACADEMY.—Sec24 tion 9342 of title 10, United States Code, is amend25 ed— 


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1 (A) in subsection (a), by striking paragraph 

2 (5); and 

3 (B) in subsection (f), by striking ‘‘the Dis4 trict of Columbia,’’. 

5 (4) EFFECTIVE DATE.—This subsection and the 

6 amendments made by this subsection shall take effect 

7 on the date on which a Representative from the Dis8 trict of Columbia takes office. 

9 SEC. 7. NONSEVERABILITY OF PROVISIONS AND NON10 APPLICABILITY. 

11 (a) NONSEVERABILITY.—If any provision of section 

12 2(a)(1), 2(b)(1), or 3 or any amendment made by those sec13 tions is declared or held invalid or unenforceable by a court 

14 of competent jurisdiction, the remaining provisions of this 

15 Act or any amendment made by this Act shall be treated 

16 and deemed invalid and shall have no force or effect of law. 

17 (b) NONAPPLICABILITY.—Nothing in the Act shall be 

18 construed to affect the first reapportionment occurring after 

19 the regular decennial census conducted for 2010 if this Act 

20 has not taken effect. 

21 SEC. 8. JUDICIAL REVIEW. 

22 If any action is brought to challenge the constitu23 tionality of any provision of this Act or any amendment 

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


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1 (1) The action shall be filed in the District Court 

2 of the United States for the District of Columbia and 

3 shall be heard by a 3-judge court convened pursuant 

4 to section 2284 of title 28, United States Code. 

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

6 promptly to the Clerk of the House of Representatives 

7 and the Secretary of the Senate. 

8 (3) A final decision in the action shall be review9 able only by appeal directly to the Supreme Court of 

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

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

12 filing of a jurisdictional statement within 30 days, of 

13 the entry of the final decision. 

14 (4) It shall be the duty of the District Court of 

15 the United States for the District of Columbia and the 

16 Supreme Court of the United States to advance on the 

17 docket and to expedite to the greatest possible extent 

18 the disposition of the action and appeal. 


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Calendar No. 23 

111TH CONGRESS 

1ST SESSION S. 160 

A BILL 

To provide the District of Columbia a voting seat 

House of Representatives. and the State of Utah an additional seat in the 

FEBRUARY 12, 2009 

Reported with an amendment 


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