Title I: District of Columbia House Voting Rights Act of 2009 - District of Columbia House Voting Rights Act of 2009 - (Sec. 2) Considers the District of Columbia a congressional district for purposes of representation in the House of Representatives.
Declares that the District shall not be considered a state for purposes of representation in the Senate.
Applies to the District in the same manner as it applies to a state the federal law providing for the 15th and subsequent decennial censuses and for apportionment of Representatives in Congress. Limits the District to one Member under any reapportionment of Members.
Modifies the formula regarding the number of presidential electors to subject it to the 23rd amendment to the Constitution in the case of the District.
(Sec. 3) Increases membership of the House from 435 to 437 Members.
Provides for a reapportionment of Members resulting from such increase.
Requires: (1) the President to submit to Congress a revised version of the most recent statement of such apportionment reflecting that the District of Columbia is entitled to one Representative and identifying Utah as the other state entitled to one Representative; and (2) the Clerk of the House, upon receipt of such revision, to make such identifications to the Speaker of the House.
(Sec. 4) Requires the additional Representative to which the state of Utah is entitled to be elected pursuant to a redistricting plan enacted by the state.
(Sec. 6) Repeals provisions of: (1) the District of Columbia Delegate Act establishing the office of District of Columbia Delegate to the House of Representatives; and (2) the District of Columbia Statehood Constitution Convention Initiative of 1979 providing for election of a Representative for the District.
Makes conforming amendments to the District of Columbia Elections Code of 1955.
(Sec. 8) Sets forth procedures for expedited judicial review of any action brought to challenge the constitutionality of any provision of this Act or any amendment made by it.
Grants Members of Congress the right to intervene or file legal pleadings or briefs either in support of or opposition to the position of a party in any action in which the constitutionality of any provision of this Act or any amendment made by this Act is challenged.
Authorizes any Member of Congress to bring such an action.
(Sec. 9) Amends the Communications Act of 1934 to direct the Federal Communications Commission (FCC) to take action to encourage and promote diversity in communication media ownership and to ensure that broadcast station licenses are used in the public interest.
(Sec. 10) Denies the FCC authority to require broadcasters to present opposing viewpoints on controversial issues of public importance, commonly referred to as the Fairness Doctrine.
Title II: Second Amendment Enforcement Act - Second Amendment Enforcement Act - (Sec. 203) Amends specified law prohibiting the killing of wild birds and wild animals in the District of Columbia to declare that nothing in it or any other provision of law shall authorize or be construed to permit the Council, the Mayor, or any governmental or regulatory authority of the District to prohibit, constructively prohibit, or unduly burden the ability of persons otherwise not prohibited from possessing firearms under federal law from acquiring, possessing in their homes or businesses, or using for sporting, self-protection or other lawful purposes, any firearm neither prohibited by federal law nor subject to the National Firearms Act. Denies the District any authority to enact laws or regulations that discourage or eliminate the private ownership or use of firearms.
Declares that nothing in such prohibitions shall be construed to prohibit the District from regulating or prohibiting the carrying of firearms by a person, either concealed or openly, other than at the person's dwelling place, place of business, or on other land possessed by the person.
(Sec. 204) Amends the Firearms Control Regulations Act of 1975 (FCRA) to repeal the definition of a machine gun as any firearm which shoots, is designed to shoot, or can be readily converted or restored to shoot semiautomatically, more than 12 shots without manual reloading. (Thus repeals the ban on semiautomatic weapons.)
Redefines "machine gun" as any firearm which shoots, is designed to shoot, or may be readily restored to shoot automatically, more than one shot without manual reloading by a single function of the trigger. Includes the frame or receiver of any such weapon, any part designed and intended solely and exclusively, or combination of parts designed and intended, for use in converting a weapon into a machine gun, and any combination of parts from which a machine gun can be assembled if such parts are in the possession or under the control of a person.
(Sec. 205) Repeals the District's: (1) registration requirement for possession of firearms; and (2) requirement that licensed firearms dealers keep records of ammunition received into inventory and ammunition sold or transferred.
Maintains the current ban on the possession and control of a sawed-off shotgun, machine gun, or short-barreled rifle.
(Sec. 206) Amends FCRA to allow an individual to possess ammunition in the District if the individual owns (currently, holds the valid registration certificate for) a firearm of the same gauge or caliber as such ammunition. (In effect, repeals the handgun ammunition ban.)
(Sec. 207) Repeals the requirement that firearms in the possession of individuals (other than law enforcement personnel) must be kept unloaded, disassembled, or with the trigger locked, unless the firearm is kept at an individual's place of business, or while being used for lawful recreational purposes within the District of Columbia.
(Sec. 208) Eliminates criminal penalties for: (1) possessing an unregistered firearm; or (2) carrying a pistol whether loaded or unloaded in one's dwelling house, place of business, or on land possessed by such person. Makes conforming amendments to the District of Columbia Code.
(Sec. 210) Amends the federal criminal code to make it lawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver a handgun to a District resident if such licensee's place of business is located in Maryland or Virginia.
(Sec. 211) Repeals the Firearms Registration Act of 2008 and the Firearms Registration Emergency Amendment Act of 2008, as passed by the District of Columbia.
[Congressional Bills 111th Congress]
[From the U.S. Government Printing Office]
[S. 160 Introduced in Senate (IS)]
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
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 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);''.
SEC. 3. INCREASE IN MEMBERSHIP OF HOUSE OF REPRESENTATIVES.
(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).
(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''.
(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(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.
(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.
SEC. 4. EFFECTIVE DATE; TIMING OF ELECTIONS.
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:
(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--
(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
(B) remains in effect until the taking effect of
the first reapportionment occurring after the regular
decennial census conducted for 2010.
(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.
SEC. 5. 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. 6. NONSEVERABILITY OF PROVISIONS AND NONAPPLICABILITY.
(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.
(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. 7. 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 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.
(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 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.
<all>
Cloture motion on the motion to proceed to the bill presented in Senate. (consideration: CR S2347; text: CR S2347)
Motion to proceed to consideration of measure withdrawn in Senate by Unanimous Consent. (consideration: CR S2347)
Motion to proceed to measure considered in Senate. (consideration: CR S2353-2360)
Motion to proceed to measure considered in Senate. (consideration: CR S2390-2398)
Cloture on the motion to proceed to the bill invoked in Senate by Yea-Nay Vote. 62 - 34. Record Vote Number: 65. (consideration: CR S2397-2398; text: CR S2397)
Roll Call #65 (Senate)Motion to proceed to consideration of measure agreed to in Senate by Unanimous Consent. (consideration: CR S2398)
Measure laid before Senate by motion. (consideration: CR S2398-2399; text of measure as reported in Senate: CR S2398-2399)
Considered by Senate. (consideration: CR S2434-2461)
Point of order that the measure violates the Constitution raised in Senate.
By a decision of the Senate the point of order that the measure violates the Constitution was not well taken by Yea-Nay Vote. 36 - 62. Record Vote Number: 67.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line
Cloture motion on the measure presented in Senate. (consideration: CR S2461; text: CR S2461)
Considered by Senate. (consideration: CR S2507-2542)
The committee substitute as amended agreed to by Unanimous Consent. (consideration: CR S2538)
Cloture motion on the measure withdrawn by unanimous consent in Senate. (consideration: CR S2525)
Passed/agreed to in Senate: Passed Senate with an amendment by Yea-Nay Vote. 61 - 37. Record Vote Number: 73.(text: CR S2538-2541)
Roll Call #73 (Senate)Passed Senate with an amendment by Yea-Nay Vote. 61 - 37. Record Vote Number: 73. (text: CR S2538-2541)
Roll Call #73 (Senate)Message on Senate action sent to the House.
Message on Senate action sent to the House.
Received in the House.
Held at the desk.