II 

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. 

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) CONGRESSIONAL DISTRICT AND NO SENATE

9 REPRESENTATION.— 


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1 (1) IN GENERAL.—Notwithstanding any other 

2 provision of law, the District of Columbia shall be 

3 considered a Congressional district for purposes of 

4 representation in the House of Representatives. 

5 (2) NO REPRESENTATION PROVIDED IN SEN6 ATE.—The District of Columbia shall not be consid7 ered a State for purposes of representation in the 

8 United States Senate. 

9 (b) CONFORMING AMENDMENTS RELATING TO AP10 PORTIONMENT OF MEMBERS OF HOUSE OF REPRESENTA11 TIVES.— 

12 (1) INCLUSION OF SINGLE DISTRICT OF COLUM13 BIA MEMBER IN REAPPORTIONMENT OF MEMBERS

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

15 Act to provide for the fifteenth and subsequent de16 cennial censuses and to provide for apportionment of 

17 Representatives in Congress’’, approved June 28, 

18 1929 (2 U.S.C. 2a), is amended by adding at the 

19 end the following new subsection: 

20 ‘‘(d) This section shall apply with respect to the Dis21 trict of Columbia in the same manner as this section ap22 plies to a State, except that the District of Columbia may 

23 not receive more than one Member under any reapportion24 ment of Members.’’. 


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1 (2) CLARIFICATION OF DETERMINATION OF

2 NUMBER OF PRESIDENTIAL ELECTORS ON BASIS OF

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

4 States Code, is amended by striking ‘‘come into of5 fice;’’ and inserting the following: ‘‘come into office 

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

7 the Constitution of the United States in the case of 

8 the District of Columbia);’’. 

9 SEC. 3. INCREASE IN MEMBERSHIP OF HOUSE OF REP10 RESENTATIVES. 

11 (a) PERMANENT INCREASE IN NUMBER OF MEM12 BERS.—Effective with respect to the 112th Congress and 

13 each succeeding Congress, the House of Representatives 

14 shall be composed of 437 Members, including the Member 

15 representing the District of Columbia pursuant to section 

16 2(a). 

17 (b) REAPPORTIONMENT OF MEMBERS RESULTING

18 FROM INCREASE.— 

19 (1) IN GENERAL.—Section 22(a) of the Act en20 titled ‘‘An Act to provide for the fifteenth and subse21 quent decennial censuses and to provide for appor22 tionment of Representatives in Congress’’, approved 

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

24 striking ‘‘the then existing number of RepresentaVerDate Nov 24 2008 05:43 Jan 07, 2009 Jkt 079200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S160.IS S160

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1 tives’’ and inserting ‘‘the number of Representatives 

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

3 (2) EFFECTIVE DATE.—The amendment made 

4 by paragraph (1) shall apply with respect to the reg5 ular decennial census conducted for 2010 and each 

6 subsequent regular decennial census. 

7 (c) TRANSMITTAL OF REVISED APPORTIONMENT IN8 FORMATION BY PRESIDENT.— 

9 (1) STATEMENT OF APPORTIONMENT BY PRESI10 DENT.—Not later than 30 days after the date of the 

11 enactment of this Act, the President shall transmit 

12 to Congress a revised version of the most recent 

13 statement of apportionment submitted under section 

14 22(a) of the Act entitled ‘‘An Act to provide for the 

15 fifteenth and subsequent decennial censuses and to 

16 provide for apportionment of Representatives in 

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

18 2a(a)), to take into account this Act and the amend19 ments made by this Act and identifying the State of 

20 Utah as the State entitled to one additional Rep21 resentative pursuant to this section. 

22 (2) REPORT BY CLERK.—Not later than 15 cal23 endar days after receiving the revised version of the 

24 statement of apportionment under paragraph (1), 

25 the Clerk of the House of Representatives shall subVerDate Nov 24 2008 05:43 Jan 07, 2009 Jkt 079200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S160.IS S160

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1 mit a report to the Speaker of the House of Rep2 resentatives identifying the State of Utah as the 

3 State entitled to one additional Representative pur4 suant to this section. 

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

6 The general election for the additional Representative 

7 to which the State of Utah is entitled for the 112th Con8 gress and the general election for the Representative from 

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

10 subject to the following requirements: 

11 (1) The additional Representative from the 

12 State of Utah will be elected pursuant to a redis13 tricting plan enacted by the State, such as the plan 

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

15 2006, which— 

16 (A) revises the boundaries of Congressional 

17 districts in the State to take into account the 

18 additional Representative to which the State is 

19 entitled under section 3; and 

20 (B) remains in effect until the taking ef21 fect of the first reapportionment occurring after 

22 the regular decennial census conducted for 

23 2010. 

24 (2) The additional Representative from the 

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1 trict of Columbia shall be sworn in and seated as 

2 Members of the House of Representatives on the 

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

4 SEC. 5. CONFORMING AMENDMENTS. 

5 (a) REPEAL OF OFFICE OF DISTRICT OF COLUMBIA

6 DELEGATE.— 

7 (1) REPEAL OF OFFICE.— 

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

9 of the District of Columbia Delegate Act (Pub10 lic Law 91–405; sections 1–401 and 1–402, 

11 D.C. Official Code) are repealed, and the provi12 sions of law amended or repealed by such sec13 tions are restored or revived as if such sections 

14 had not been enacted. 

15 (B) EFFECTIVE DATE.—The amendments 

16 made by this subsection shall take effect on the 

17 date on which a Representative from the Dis18 trict of Columbia takes office. 

19 (2) CONFORMING AMENDMENTS TO DISTRICT

20 OF COLUMBIA ELECTIONS CODE OF 1955.—The Dis21 trict of Columbia Elections Code of 1955 is amended 

22 as follows: 

23 (A) In section 1 (sec. 1–1001.01, D.C. Of24 ficial Code), by striking ‘‘the Delegate to the 


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

2 Representative in Congress,’’. 

3 (B) In section 2 (sec. 1–1001.02, D.C. Of4 ficial Code)— 

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

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

7 ‘‘the Delegate to Congress for the District 

8 of Columbia,’’ and inserting ‘‘the Rep9 resentative in Congress,’’. 

10 (C) In section 8 (sec. 1–1001.08, D.C. Of11 ficial Code)— 

12 (i) in the heading, by striking ‘‘Dele13 gate’’ and inserting ‘‘Representative’’; and 

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

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

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

17 Congress,’’. 

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

19 Official Code)— 

20 (i) in subsection (a)(3)(A)— 

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

22 of the District of Columbia Delegate 

23 Act’’; and 

24 (II) by striking ‘‘the office of 

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1 tives’’ and inserting ‘‘the office of 

2 Representative in Congress’’; 

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

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

5 (iii) in subsection (d)(2)— 

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

7 and all that follows through ‘‘term of 

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

9 that a vacancy occurs in the office of 

10 Representative in Congress before 

11 May 1 of the last year of the Rep12 resentative’s term of office,’’; and 

13 (II) by striking subparagraph 

14 (B). 

15 (E) In section 11(a)(2) (sec. 1– 

16 1001.11(a)(2), D.C. Official Code), by striking 

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

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

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

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

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

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

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

24 to Congress from the District of Columbia’’ and 

25 inserting ‘‘the Representative in Congress’’. 


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1 (b) REPEAL OF OFFICE OF STATEHOOD REPRESENT2 ATIVE.— 

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

4 Columbia Statehood Constitutional Convention Ini5 tiative of 1979 (sec. 1–123, D.C. Official Code) is 

6 amended as follows: 

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

8 Representative’’ each place it appears in sub9 section (d) and inserting ‘‘office of Senator’’. 

10 (B) In subsection (d)(2)— 

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

12 (ii) by striking ‘‘the Representative 

13 or’’; and 

14 (iii) by striking ‘‘Representative shall 

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

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

17 ‘‘and 1 United States Representative’’. 

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

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

20 (h). 

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

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

23 (2) CONFORMING AMENDMENTS.— 


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1 (A) STATEHOOD COMMISSION.—Section 6 

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

3 Code) is amended— 

4 (i) in subsection (a)— 

5 (I) by striking ‘‘27 voting mem6 bers’’ and inserting ‘‘26 voting mem7 bers’’; 

8 (II) by adding ‘‘and’’ at the end 

9 of paragraph (5); and 

10 (III) by striking paragraph (6) 

11 and redesignating paragraph (7) as 

12 paragraph (6); and 

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

14 subparagraph (H). 

15 (B) AUTHORIZATION OF APPROPRIA16 TIONS.—Section 8 of such Initiative (sec. 1– 

17 127, D.C. Official Code) is amended by striking 

18 ‘‘and House’’. 

19 (C) APPLICATION OF HONORARIA LIMITA20 TIONS.—Section 4 of D.C. Law 8–135 (sec. 1– 

21 131, D.C. Official Code) is amended by striking 

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

23 (D) APPLICATION OF CAMPAIGN FINANCE

24 LAWS.—Section 3 of the Statehood Convention 

25 Procedural Amendments Act of 1982 (sec. 1– 


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1 135, D.C. Official Code) is amended by striking 

2 ‘‘and United States Representative’’. 

3 (E) DISTRICT OF COLUMBIA ELECTIONS

4 CODE OF 1955.—The District of Columbia Elec5 tions Code of 1955 is amended— 

6 (i) in section 2(13) (sec. 1– 

7 1001.02(13), D.C. Official Code), by strik8 ing ‘‘United States Senator and Represent9 ative,’’ and inserting ‘‘United States Sen10 ator,’’; and 

11 (ii) in section 10(d) (sec. 1– 

12 1001.10(d)(3), D.C. Official Code), by 

13 striking ‘‘United States Representative 

14 or’’. 

15 (3) EFFECTIVE DATE.—The amendments made 

16 by this subsection shall take effect on the date on 

17 which a Representative from the District of Colum18 bia takes office. 

19 (c) CONFORMING AMENDMENTS REGARDING AP20 POINTMENTS TO SERVICE ACADEMIES.— 

21 (1) UNITED STATES MILITARY ACADEMY.—Sec22 tion 4342 of title 10, United States Code, is amend23 ed— 

24 (A) in subsection (a), by striking para25 graph (5); and 


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1 (B) in subsection (f), by striking ‘‘the Dis2 trict of Columbia,’’. 

3 (2) UNITED STATES NAVAL ACADEMY.—Such 

4 title is amended— 

5 (A) in section 6954(a), by striking para6 graph (5); and 

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

8 District of Columbia,’’. 

9 (3) UNITED STATES AIR FORCE ACADEMY.— 

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

11 amended— 

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

14 (B) in subsection (f), by striking ‘‘the Dis15 trict of Columbia,’’. 

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

17 amendments made by this subsection shall take ef18 fect on the date on which a Representative from the 

19 District of Columbia takes office. 

20 SEC. 6. NONSEVERABILITY OF PROVISIONS AND NON21 APPLICABILITY. 

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

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

24 invalid or unenforceable, the remaining provisions of this 

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


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

2 law. 

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

4 construed to affect the first reapportionment occurring 

5 after the regular decennial census conducted for 2010 if 

6 this Act has not taken effect. 

7 SEC. 7. JUDICIAL REVIEW. 

8 If any action is brought to challenge the constitu9 tionality of any provision of this Act or any amendment 

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

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

12 States District Court for the District of Columbia 

13 and shall be heard by a 3-judge court convened pur14 suant to section 2284 of title 28, United States 

15 Code. 

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

17 promptly to the Clerk of the House of Representa18 tives and the Secretary of the Senate. 

19 (3) A final decision in the action shall be re20 viewable only by appeal directly to the Supreme 

21 Court of the United States. Such appeal shall be 

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

23 days, and the filing of a jurisdictional statement 

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


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

2 District Court for the District of Columbia and the 

3 Supreme Court of the United States to advance on 

4 the docket and to expedite to the greatest possible 

5 extent the disposition of the action and appeal. 

Æ 


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