II 

Calendar No. 257 

110TH CONGRESS 

1ST SESSION S. 1257 

[Report No. 110–123] 

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 

MAY 1, 2007 

Mr. LIEBERMAN (for himself, Mr. HATCH, Mr. BENNETT, Mrs. CLINTON, Ms. 

LANDRIEU, Mr. LEAHY, Mr. KENNEDY, Mr. OBAMA, Ms. MIKULSKI, Mr. 

KERRY, Mr. FEINGOLD, Mrs. MCCASKILL, Mr. PRYOR, Mr. CARPER, Mr. 

LEVIN, Mr. SANDERS, and Mr. DURBIN) introduced the following bill; 

which was read twice and referred to the Committee on Homeland Security and Governmental Affairs 

JUNE 28, 2007 

Reported by Mr. LIEBERMAN, with amendments 

[Omit the part struck through 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 2007’’. 

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

6 (a) IN GENERAL.—Notwithstanding any other provi7 sion of law, the District of Columbia shall be considered 

8 a Congressional district for purposes of representation in 

9 the House of Representatives. 

10 (a) CONGRESSIONAL DISTRICT AND NO SENATE REP11 RESENTATION.— 

12 (1) IN GENERAL.—Notwithstanding any other 

13 provision of law, the District of Columbia shall be 

14 considered a Congressional district for purposes of 

15 representation in the House of Representatives. 

16 (2) NO REPRESENTATION PROVIDED IN SEN17 ATE.—The District of Columbia shall not be consid18 ered a State for purposes of representation in the 

19 United States Senate. 

20 (b) CONFORMING AMENDMENTS RELATING TO AP21 PORTIONMENT OF MEMBERS OF HOUSE OF REPRESENTA22 TIVES.— 

23 (1) INCLUSION OF SINGLE DISTRICT OF COLUM24 BIA MEMBER IN REAPPORTIONMENT OF MEMBERS

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

26 Act to provide for the fifteenth and subsequent deVerDate Aug 31 2005 04:00 Jun 29, 2007 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1257.RS S1257

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1 cennial censuses and to provide for apportionment of 

2 Representatives in Congress’’, approved June 28, 

3 1929 (2 U.S.C. 2a), is amended by adding at the 

4 end the following new subsection: 

5 ‘‘(d) This section shall apply with respect to the Dis6 trict of Columbia in the same manner as this section ap7 plies to a State, except that the District of Columbia may 

8 not receive more than one Member under any reapportion9 ment of Members.’’. 

10 (2) CLARIFICATION OF DETERMINATION OF

11 NUMBER OF PRESIDENTIAL ELECTORS ON BASIS OF

12 23RD AMENDMENT.—Section 3 of title 3, United 

13 States Code, is amended by striking ‘‘come into of14 fice;’’ and inserting the following: ‘‘come into office 

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

16 the Constitution of the United States in the case of 

17 the District of Columbia);’’. 

18 SEC. 3. INCREASE IN MEMBERSHIP OF HOUSE OF REP19 RESENTATIVES. 

20 (a) PERMANENT INCREASE IN NUMBER OF MEM21 BERS.—Effective with respect to the 111th Congress and 

22 each succeeding Congress, the House of Representatives 

23 shall be composed of 437 Members, including the Member 

24 representing the District of Columbia pursuant to section 

25 2(a). 


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1 (b) REAPPORTIONMENT OF MEMBERS RESULTING

2 FROM INCREASE.— 

3 (1) IN GENERAL.—Section 22(a) of the Act en4 titled ‘‘An Act to provide for the fifteenth and subse5 quent decennial censuses and to provide for appor6 tionment of Representatives in Congress’’, approved 

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

8 striking ‘‘the then existing number of Representa9 tives’’ and inserting ‘‘the number of Representatives 

10 established with respect to the 111th Congress’’. 

11 (2) EFFECTIVE DATE.—The amendment made 

12 by paragraph (1) shall apply with respect to the reg13 ular decennial census conducted for 2010 and each 

14 subsequent regular decennial census. 

15 (c) TRANSMITTAL OF REVISED APPORTIONMENT IN16 FORMATION BY PRESIDENT.— 

17 (1) STATEMENT OF APPORTIONMENT BY PRESI18 DENT.—Not later than 30 days after the date of the 

19 enactment of this Act, the President shall transmit 

20 to Congress a revised version of the most recent 

21 statement of apportionment submitted under section 

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

23 fifteenth and subsequent decennial censuses and to 

24 provide for apportionment of Representatives in 

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


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1 2a(a)), to take into account this Act and the amend2 ments made by this Act and identifying the State of 

3 Utah as the State entitled to one additional Rep4 resentative pursuant to this section. 

5 (2) REPORT BY CLERK.—Not later than 15 cal6 endar days after receiving the revised version of the 

7 statement of apportionment under paragraph (1), 

8 the Clerk of the House of Representatives shall sub9 mit a report to the Speaker of the House of Rep10 resentatives identifying the State of Utah as the 

11 State entitled to one additional Representative pur12 suant to this section. 

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

14 The general election for the additional Representative 

15 to which the State of Utah is entitled for the 111th Con16 gress and 112th Congress and the general election for the 

17 Representative from the District of Columbia for the 

18 111th Congress and the 112th Congress shall be subject 

19 to the following requirements: 

20 (1) The additional Representative from the 

21 State of Utah will be elected pursuant to a redis22 tricting plan enacted by the State, such as the plan 

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

24 2006, which— 


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1 (A) revises the boundaries of Congressional 

2 districts in the State to take into account the 

3 additional Representative to which the State is 

4 entitled under section 3; and 

5 (B) remains in effect until the taking ef6 fect of the first reapportionment occurring after 

7 the regular decennial census conducted for 

8 2010. 

9 (2) The additional Representative from the 

10 State of Utah and the Representative from the Dis11 trict of Columbia shall be sworn in and seated as 

12 Members of the House of Representatives on the 

13 same date as other Members of the 111th Congress. 

14 SEC. 5. CONFORMING AMENDMENTS. 

15 (a) REPEAL OF OFFICE OF DISTRICT OF COLUMBIA

16 DELEGATE.— 

17 (1) REPEAL OF OFFICE.— 

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

19 of the District of Columbia Delegate Act (Pub20 lic Law 91–405; sections 1–401 and 1–402, 

21 D.C. Official Code) are repealed, and the provi22 sions of law amended or repealed by such sec23 tions are restored or revived as if such sections 

24 had not been enacted. 


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1 (B) EFFECTIVE DATE.—The amendments 

2 made by this subsection shall take effect on the 

3 date on which a Representative from the Dis4 trict of Columbia takes office for the 111th 

5 Congress. 

6 (2) CONFORMING AMENDMENTS TO DISTRICT

7 OF COLUMBIA ELECTIONS CODE OF 1955.—The Dis8 trict of Columbia Elections Code of 1955 is amended 

9 as follows: 

10 (A) In section 1 (sec. 1–1001.01, D.C. Of11 ficial Code), by striking ‘‘the Delegate to the 

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

13 Representative in Congress,’’. 

14 (B) In section 2 (sec. 1–1001.02, D.C. Of15 ficial Code)— 

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

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

18 ‘‘the Delegate to Congress for the District 

19 of Columbia,’’ and inserting ‘‘the Rep20 resentative in Congress,’’. 

21 (C) In section 8 (sec. 1–1001.08, D.C. Of22 ficial Code)— 

23 (i) in the heading, by striking ‘‘Dele24 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. 

6 Official 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 

12 Delegate to the House of Representa13 tives’’ and inserting ‘‘the office of 

14 Representative 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 

23 May 1 of the last year of the Rep24 resentative’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,’’ 

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

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

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

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

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

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

12 to Congress from the District of Columbia’’ and 

13 inserting ‘‘the Representative in Congress’’. 

14 (b) REPEAL OF OFFICE OF STATEHOOD REPRESENT15 ATIVE.— 

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 

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

15 Code) is 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– 

5 127, D.C. Official Code) is amended by striking 

6 ‘‘and 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– 

14 135, D.C. Official Code) is amended by striking 

15 ‘‘and 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 

24 (ii) in section 10(d) (sec. 1– 

25 1001.10(d)(3), D.C. Official Code), by 


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1 striking ‘‘United States Representative 

2 or’’. 

3 (3) EFFECTIVE DATE.—The amendments made 

4 by this subsection shall take effect on the date on 

5 which a Representative from the District of Colum6 bia takes office for the 111th Congress. 

7 (c) CONFORMING AMENDMENTS REGARDING AP8 POINTMENTS TO SERVICE ACADEMIES.— 

9 (1) UNITED STATES MILITARY ACADEMY.—Sec10 tion 4342 of title 10, United States Code, is amend11 ed— 

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

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

16 (2) UNITED STATES NAVAL ACADEMY.—Such 

17 title is amended— 

18 (A) in section 6954(a), by striking para19 graph (5); and 

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

21 District of Columbia,’’. 

22 (3) UNITED STATES AIR FORCE ACADEMY.— 

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

24 amended— 


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1 (A) in subsection (a), by striking para2 graph (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 ef7 fect on the date on which a Representative from the 

8 District of Columbia takes office for the 111th Con9 gress. 

10 SEC. 6. NONSEVERABILITY OF PROVISIONS. 

11 If any provision of this Act or any amendment made 

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

13 the remaining provisions of this Act or any amendment 

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

15 shall have no force or effect of law. 

16 SEC. 7. JUDICIAL REVIEW. 

17 If any action is brought to challenge the constitu18 tionality of any provision of this Act or any amendment 

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

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

21 District Court for the District of Columbia and shall 

22 be heard by a 3-judge court convened pursuant to sec23 tion 2284 of title 28, United States Code. 


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

2 promptly to the Clerk of the House of Representatives 

3 and the Secretary of the Senate. 

4 (3) A final decision in the action shall be review5 able only by appeal directly to the Supreme Court of 

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

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

8 filing of a jurisdictional statement within 30 days, of 

9 the entry of the final decision. 

10 (4) It shall be the duty of the United States Dis11 trict Court for the District of Columbia and the Su12 preme Court of the United States to advance on the 

13 docket and to expedite to the greatest possible extent 

14 the disposition of the action and appeal. 


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Calendar No. 257 

110TH CONGRESS 

1ST SESSION S. 1257 

[Report No. 110

–123] 

A BILL 

To provide the District of Columbia a voting seat 

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

JUNE 28, 2007 

Reported with amendments 


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