S.Amdt. 580

1. Replaces the bill's text with a full substitute

   Replaces the full textEverything after the enacting clause

   In S. 160 · Reported to Senate

   Struck: SECTION 1. SHORT TITLE.

   Struck: This Act may be cited as the "District of Columbia House Voting Rights Act of 2009".

   Struck: SEC. 2. TREATMENT OF DISTRICT OF COLUMBIA AS CONGRESSIONAL DISTRICT.

   Struck: (a) Congressional District and No Senate Representation.--

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   Struck: (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.

   Struck: (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.

   Struck: (b) Conforming Amendments Relating to Apportionment of Members of House of Representatives.--

   Struck: (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:

   Struck: "(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.".

   Struck: (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);".

   Struck: SEC. 3. INCREASE IN MEMBERSHIP OF HOUSE OF REPRESENTATIVES.

   Struck: (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).

   Struck: (b) Reapportionment of Members Resulting From Increase.--

   Struck: (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".

   Struck: (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.

   Struck: (c) Transmittal of Revised Apportionment Information by President.--

   Struck: (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.

   Struck: (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.

   Struck: (3) Additional statements and reports.--

   Struck: (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.

   Struck: (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).

   Struck: SEC. 4. UTAH REDISTRICTING PLAN.

   Struck: 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--

   Struck: (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

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

   Struck: SEC. 5. EFFECTIVE DATE.

   Struck: 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.

   Struck: SEC. 6. CONFORMING AMENDMENTS.

   Struck: (a) Repeal of Office of District of Columbia Delegate.--

   Struck: (1) Repeal of office.--

   Struck: (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.

   Struck: (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.

   Struck: (2) Conforming amendments to district of columbia elections code of 1955.--The District of Columbia Elections Code of 1955 is amended as follows:

   Struck: (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,".

   Struck: (B) In section 2 (sec. 1-1001.02, D.C. Official Code)--

   Struck: (i) by striking paragraph (6); and

   Struck: (ii) in paragraph (13), by striking "the Delegate to Congress for the District of Columbia," and inserting "the Representative in Congress,".

   Struck: (C) In section 8 (sec. 1-1001.08, D.C. Official Code)--

   Struck: (i) in the heading, by striking "Delegate" and inserting "Representative"; and

   Struck: (ii) by striking "Delegate," each place it appears in subsections (h)(1)(A), (i)(1), and (j)(1) and inserting "Representative in Congress,".

   Struck: (D) In section 10 (sec. 1-1001.10, D.C. Official Code)--

   Struck: (i) in subsection (a)(3)(A)--

   Struck: (I) by striking "or section 206(a) of the District of Columbia Delegate Act"; and

   Struck: (II) by striking "the office of Delegate to the House of Representatives" and inserting "the office of Representative in Congress";

   Struck: (ii) in subsection (d)(1), by striking "Delegate," each place it appears; and

   Struck: (iii) in subsection (d)(2)--

   Struck: (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

   Struck: (II) by striking subparagraph (B).

   Struck: (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,".

   Struck: (F) In section 15(b) (sec. 1-1001.15(b), D.C. Official Code), by striking "Delegate," and inserting "Representative in Congress,".

   Struck: (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".

   Struck: (b) Repeal of Office of Statehood Representative.--

   Struck: (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:

   Struck: (A) By striking "offices of Senator and Representative" each place it appears in subsection (d) and inserting "office of Senator".

   Struck: (B) In subsection (d)(2)--

   Struck: (i) by striking "a Representative or";

   Struck: (ii) by striking "the Representative or"; and

   Struck: (iii) by striking "Representative shall be elected for a 2-year term and each".

   Struck: (C) In subsection (d)(3)(A), by striking "and 1 United States Representative".

   Struck: (D) By striking "Representative or" each place it appears in subsections (e), (f), (g), and (h).

   Struck: (E) By striking "Representative's or" each place it appears in subsections (g) and (h).

   Struck: (2) Conforming amendments.--

   Struck: (A) Statehood commission.--Section 6 of such Initiative (sec. 1-125, D.C. Official Code) is amended--

   Struck: (i) in subsection (a)--

   Struck: (I) by striking "27 voting members" and inserting "26 voting members";

   Struck: (II) by adding "and" at the end of paragraph (5); and

   Struck: (III) by striking paragraph (6) and redesignating paragraph (7) as paragraph (6); and

   Struck: (ii) in subsection (a-1)(1), by striking subparagraph (H).

   Struck: (B) Authorization of appropriations.--Section 8 of such Initiative (sec. 1-127, D.C. Official Code) is amended by striking "and House".

   Struck: (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.

   Struck: (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".

   Struck: (E) District of columbia elections code of 1955.-- The District of Columbia Elections Code of 1955 is amended--

   Struck: (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

   Struck: (ii) in section 10(d) (sec. 1- 1001.10(d)(3), D.C. Official Code), by striking "United States Representative or".

   Struck: (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.

   Struck: (c) Conforming Amendments Regarding Appointments to Service Academies.--

   Struck: (1) United states military academy.--Section 4342 of title 10, United States Code, is amended--

   Struck: (A) in subsection (a), by striking paragraph (5); and

   Struck: (B) in subsection (f), by striking "the District of Columbia,".

   Struck: (2) United states naval academy.--Such title is amended--

   Struck: (A) in section 6954(a), by striking paragraph (5); and

   Struck: (B) in section 6958(b), by striking "the District of Columbia,".

   Struck: (3) United states air force academy.--Section 9342 of title 10, United States Code, is amended--

   Struck: (A) in subsection (a), by striking paragraph (5); and

   Struck: (B) in subsection (f), by striking "the District of Columbia,".

   Struck: (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.

   Struck: SEC. 7. NONSEVERABILITY OF PROVISIONS AND NONAPPLICABILITY.

   Struck: (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.

   Struck: (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.

   Struck: SEC. 8. JUDICIAL REVIEW.

   Struck: 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:

   Struck: (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.

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

   Struck: (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.

   Struck: (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.

   Inserted: SECTION 1. NO FEDERAL INCOME TAXES FOR RESIDENTS OF THE DISTRICT OF COLUMBIA.

   Inserted: (a) In General.--Subpart D of part III of subchapter N of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section:

   Inserted: "SEC. 938. INCOME FROM SOURCES WITHIN THE DISTRICT OF COLUMBIA.

   Inserted: "(a) General Rule.--In the case of an individual who is a bona fide resident of the District of Columbia (other than a Member of Congress) during the entire taxable year, gross income shall not include--

   Inserted: "(1) income derived from sources within the District of Columbia; and

   Inserted: "(2) income effectively connected with the conduct of a trade or business by such individual within the District of Columbia.

   Inserted: "(b) Deductions, etc. Allocable to Excluded Amounts Not Allowable.--An individual shall not be allowed--

   Inserted: "(1) as a deduction from gross income any deductions (other than the deduction under section 151, relating to personal exemptions); or

   Inserted: "(2) any credit, properly allocable or chargeable against amounts excluded from gross income under this section.

   Inserted: "(c) Bona Fide Resident and Other Applicable Rules.--For purposes of this section, rules similar to the rules of sections 876, 937, 957(c), 3401(a)(8)(D), and 7654 shall apply.".

   Inserted: (b) Clerical Amendment.--The table of sections for subpart D of part III of subchapter N of chapter 1 of such Code is amended by adding at the end the following new item:

   Inserted: "Sec. 938. Income from sources within the District of Columbia.".

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   Inserted: (c) Effective Date.--The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act.

   Original wording

   Strike all after the enacting clause and insert the following:

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As printed