111th CONGRESS
1st Session
S. 160
AN ACT
To provide the District of Columbia a voting seat and the State of Utah an additional seat in the House of Representatives.
District of Columbia House Voting Rights Act of 2009
Short title
This Act may be cited as the
District of Columbia House Voting
Rights Act of 2009
.
Treatment of District of Columbia as Congressional district
Congressional district and no Senate representation
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.
No representation provided in Senate
The District of Columbia shall not be considered a State for purposes of representation in the United States Senate.
Conforming Amendments Relating to Apportionment of Members of House of Representatives
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:
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.
.
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);
.
Increase in Membership of House of Representatives
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).
Reapportionment of members resulting from increase
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
.
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.
Transmittal of Revised Apportionment Information by President
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.
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.
Additional statements and reports
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.
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).
Utah redistricting plan
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—
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
remains in effect until the taking effect of the first reapportionment occurring after the regular decennial census conducted for 2010.
Effective date
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.
Conforming amendments
Repeal of office of District of Columbia delegate
Repeal of office
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.
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.
Conforming amendments to District of Columbia Elections Code of 1955
The District of Columbia Elections Code of 1955 is amended as follows:
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,
.
In section 2 (sec. 1–1001.02, D.C. Official Code)—
by striking paragraph (6); and
in paragraph (13), by striking the
Delegate to Congress for the District of Columbia,
and inserting
the Representative in Congress,
.
In section 8 (sec. 1–1001.08, D.C. Official Code)—
in the heading, by striking
Delegate
and inserting Representative
; and
by striking Delegate,
each
place it appears in subsections (h)(1)(A), (i)(1), and (j)(1) and inserting
Representative in Congress,
.
In section 10 (sec. 1–1001.10, D.C. Official Code)—
in subsection (a)(3)(A)—
by striking or section 206(a) of the
District of Columbia Delegate Act
; and
by striking the office of Delegate
to the House of Representatives
and inserting the office of
Representative in Congress
;
in subsection (d)(1), by striking
Delegate,
each place it appears; and
in subsection (d)(2)—
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
by striking subparagraph (B).
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,
.
In section 15(b) (sec. 1–1001.15(b), D.C.
Official Code), by striking Delegate,
and inserting
Representative in Congress,
.
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
.
Repeal of Office of Statehood Representative
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:
By striking offices of Senator and
Representative
each place it appears in subsection (d) and inserting
office of Senator
.
In subsection (d)(2)—
by striking a Representative
or
;
by striking the Representative
or
; and
by striking Representative shall be
elected for a 2-year term and each
.
In subsection (d)(3)(A), by striking
and 1 United States Representative
.
By striking Representative
or
each place it appears in subsections (e), (f), (g), and (h).
By striking Representative's
or
each place it appears in subsections (g) and (h).
Conforming amendments
Statehood commission
Section 6 of such Initiative (sec. 1–125, D.C. Official Code) is amended—
in subsection (a)—
by striking 27 voting
members
and inserting 26 voting members
;
by adding and
at the end of
paragraph (5); and
by striking paragraph (6) and redesignating paragraph (7) as paragraph (6); and
in subsection (a–1)(1), by striking subparagraph (H).
Authorization of appropriations
Section 8 of
such Initiative (sec. 1–127, D.C. Official Code) is amended by striking
and House
.
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.
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
.
District of Columbia elections code of 1955
The District of Columbia Elections Code of 1955 is amended—
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
in section 10(d) (sec. 1–1001.10(d)(3),
D.C. Official Code), by striking United States Representative
or
.
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.
Conforming amendments regarding appointments to service academies
United States Military Academy
Section 4342 of title 10, United States Code, is amended—
in subsection (a), by striking paragraph (5); and
in subsection (f), by striking the
District of Columbia,
.
United States Naval Academy
Such title is amended—
in section 6954(a), by striking paragraph (5); and
in section 6958(b), by striking the
District of Columbia,
.
United States Air Force Academy
Section 9342 of title 10, United States Code, is amended—
in subsection (a), by striking paragraph (5); and
in subsection (f), by striking the
District of Columbia,
.
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.
Nonseverability of provisions and nonapplicability
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.
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.
Judicial review
Special rules for actions brought on constitutional grounds
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:
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.
A copy of the complaint shall be delivered promptly to the Clerk of the House of Representatives and the Secretary of the Senate.
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.
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.
Intervention by members of Congress
In general
In any action in which the constitutionality of any provision of this Act or any amendment made by this Act is challenged (including an action described in subsection (a)), any member of the House of Representatives (including a Delegate or Resident Commissioner to the Congress) or the Senate shall have the right to intervene or file legal pleadings or briefs either in support of or opposition to the position of a party to the case regarding the constitutionality of the provision or amendment.
Court efficiency
To avoid duplication of efforts and reduce the burdens placed on the parties to the action, the court in any action described in paragraph (1) may make such orders as it considers necessary, including orders to require intervenors taking similar positions to file joint papers or to be represented by a single attorney at oral argument.
Challenge by members of congress
Any Member of Congress may bring an action, subject to the special rules described in subsection (a), to challenge the constitutionality of any provision of this Act or any amendment made by this Act.
FCC authorities
Clarification of general powers
Title III of the Communications Act of 1934 is amended by inserting after section 303 (47 U.S.C. 303) the following new section:
Clarification of general powers
Certain affirmative actions required
The Commission shall take actions to encourage and promote diversity in communication media ownership and to ensure that broadcast station licenses are used in the public interest.
Construction
Nothing in section 303A shall be construed to limit the authority of the Commission regarding matters unrelated to a requirement that broadcasters present or ascertain opposing viewpoints on issues of public importance.
.
Severability
Notwithstanding section 7(a), 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 amendment made by subsection (a) and the application of such amendment to any other person or circumstance shall not be affected by such holding.
Fairness doctrine prohibited
Limitation on general powers: fairness doctrine
Title III of the Communications Act of 1934 is amended by inserting after section 303 (47 U.S.C. 303) the following new section:
Limitation on general powers: fairness doctrine
Notwithstanding section 303 or any other provision of this Act or any other Act authorizing the Commission to prescribe rules, regulations, policies, doctrines, standards, guidelines, or other requirements, the Commission shall not have the authority to prescribe any rule, regulation, policy, doctrine, standard, guideline, or other requirement that has the purpose or effect of reinstating or repromulgating (in whole or in part)—
the requirement that broadcasters present
or ascertain opposing viewpoints on issues of public importance, commonly
referred to as the Fairness Doctrine
, as repealed in In re
Complaint of Syracuse Peace Council against Television Station WTVH, Syracuse
New York, 2 FCC Rcd. 5043 (1987); or
any similar requirement that broadcasters meet programming quotas or guidelines for issues of public importance.
.
Severability
Notwithstanding section 7(a), 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 amendment made by subsection (a) and the application of such amendment to any other person or circumstance shall not be affected by such holding.
Second Amendment Enforcement Act
Short title
This title may be cited
as the Second Amendment Enforcement
Act
.
Congressional findings
Congress finds the following:
The Second Amendment to the United States Constitution provides that the right of the people to keep and bear arms shall not be infringed.
As the Congress and the Supreme Court of the United States have recognized, the Second Amendment to the United States Constitution protects the rights of individuals, including those who are not members of a militia or engaged in military service or training, to keep and bear arms.
The law-abiding citizens of the District of Columbia are deprived by local laws of handguns, rifles, and shotguns that are commonly kept by law-abiding persons throughout the United States for sporting use and for lawful defense of their persons, homes, businesses, and families.
The District of Columbia has the highest per capita murder rate in the Nation, which may be attributed in part to local laws prohibiting possession of firearms by law-abiding persons who would otherwise be able to defend themselves and their loved ones in their own homes and businesses.
The Federal Gun Control Act of 1968, as amended by the Firearms Owners’ Protection Act of 1986, and the Brady Handgun Violence Prevention Act of 1993, provide comprehensive Federal regulations applicable in the District of Columbia as elsewhere. In addition, existing District of Columbia criminal laws punish possession and illegal use of firearms by violent criminals and felons. Consequently, there is no need for local laws which only affect and disarm law-abiding citizens.
Officials of the District of Columbia have indicated their intention to continue to unduly restrict lawful firearm possession and use by citizens of the District.
Legislation is required to correct the District of Columbia’s law in order to restore the fundamental rights of its citizens under the Second Amendment to the United States Constitution and thereby enhance public safety.
Reform D.C. council’s authority to restrict firearms
Section 4 of the Act entitled An Act
to prohibit the killing of wild birds and wild animals in the District of
Columbia
, approved June 30, 1906 (34 Stat. 809; sec. 1–303.43, D.C.
Official Code) is amended by adding at the end the following: Nothing in
this section or any other provision of law shall authorize, or shall be
construed to permit, the Council, the Mayor, or any governmental or regulatory
authority of the District of Columbia to prohibit, constructively prohibit, or
unduly burden the ability of persons 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. The District of
Columbia shall not have authority to enact laws or regulations that discourage
or eliminate the private ownership or use of firearms. Nothing in the previous
two sentences shall be construed to prohibit the District of Columbia 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.
.
Repeal D.C. semiautomatic ban
In General
Section 101(10) of the Firearms Control Regulations Act of 1975 (sec. 7–2501.01(10), D.C. Official Code) is amended to read as follows:
Machine
gun
means any firearm which shoots, is designed to shoot, or may be
readily restored to shoot automatically, more than 1 shot without manual
reloading by a single function of the trigger, and 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.
.
Conforming Amendment to Provisions Setting Forth Criminal Penalties
Section 1(c) of the Act of July 8, 1932 (47 Stat. 651; sec. 22–4501(c), D.C. Official Code) is amended to read as follows:
Machine
gun
, as used in this Act, has the meaning given such term in section
101(10) of the Firearms Control Regulations Act of
1975.
.
Repeal registration requirement
Repeal of requirement
In general
Section 201(a) of the Firearms Control Regulations Act of
1975 (sec. 7–2502.01(a), D.C. Official Code) is amended by striking any
firearm, unless
and all that follows through paragraph (3) and
inserting the following: any firearm described in subsection
(c).
.
Description of firearms remaining illegal
Section 201 of such Act (sec. 7–2502.01, D.C. Official Code) is amended by adding at the end the following new subsection:
A firearm described in this subsection is any of the following:
A sawed-off shotgun.
A machine gun.
A short-barreled rifle.
.
Conforming amendment
The heading of section 201 of such Act (sec. 7–2502.01,
D.C. Official Code) is amended by striking Registration
requirements
and inserting Firearm Possession
.
Conforming Amendments to Firearms Control Regulations Act
The Firearms Control Regulations Act of 1975 is amended as follows:
Sections 202 through 211 (secs. 7–2502.02 through 7–2502.11, D.C. Official Code) are repealed.
Section 101 (sec. 7–2501.01, D.C. Official Code) is amended by striking paragraph (13).
Section 401 (sec. 7–2504.01, D.C. Official Code) is amended—
in subsection (a),
by striking the District;
and all that follows and inserting the
following: the District, except that a person may engage in hand
loading, reloading, or custom loading of ammunition for firearms lawfully
possessed under this Act.
; and
in subsection (b),
by striking which are unregisterable under section 202
and
inserting which are prohibited under section 201
.
Section 402 (sec. 7–2504.02, D.C. Official Code) is amended—
in subsection (a),
by striking Any person eligible to register a firearm
and all
that follows through such business,
and inserting the following:
Any person not otherwise prohibited from possessing or receiving a
firearm under Federal or District law, or from being licensed under section 923
of title 18, United States Code,
; and
in subsection (b), by amending paragraph (1) to read as follows:
The applicant’s name;
.
Section 403(b)
(sec. 7–2504.03(b), D.C. Official Code) is amended by striking
registration certificate
and inserting dealer’s
license
.
Section 404(a)(3) (sec. 7–2504.04(a)(3)), D.C. Official Code) is amended—
in subparagraph
(B)(i), by striking registration certificate number (if any) of the
firearm,
;
in subparagraph
(B)(iv), by striking holding the registration certificate
and
inserting from whom it was received for repair
;
in subparagraph
(C)(i), by striking and registration certificate number (if any) of the
firearm
;
in subparagraph
(C)(ii), by striking registration certificate number or
;
and
by striking subparagraphs (D) and (E).
Section 406(c) (sec. 7–2504.06(c), D.C. Official Code) is amended to read as follows:
Within 45 days of a decision becoming effective which is unfavorable to a licensee or to an applicant for a dealer’s license, the licensee or application shall—
lawfully remove from the District all destructive devices in his inventory, or peaceably surrender to the Chief all destructive devices in his inventory in the manner provided in section 705; and
lawfully dispose, to himself or to another, any firearms and ammunition in his inventory.
.
Section 407(b)
(sec. 7–2504.07(b), D.C. Official Code) is amended by striking would not
be eligible
and all that follows and inserting is prohibited
from possessing or receiving a firearm under Federal or District
law.
.
Section 502 (sec. 7–2505.02, D.C. Official Code) is amended—
by amending subsection (a) to read as follows:
Any person or organization not prohibited from possessing or receiving a firearm under Federal or District law may sell or otherwise transfer ammunition or any firearm, except those which are prohibited under section 201, to a licensed dealer.
;
by amending subsection (c) to read as follows:
Any licensed dealer may sell or otherwise transfer a firearm to any person or organization not otherwise prohibited from possessing or receiving such firearm under Federal or District law.
;
in subsection (d), by striking paragraphs (2) and (3); and
by striking subsection (e).
Section 704 (sec. 7–2507.04, D.C. Official Code) is amended—
in subsection (a),
by striking any registration certificate or
and inserting
a
; and
in subsection (b),
by striking registration certificate,
.
Other Conforming Amendments
Section 2(4) of the Illegal Firearm Sale and Distribution Strict Liability Act of 1992 (sec. 7–2531.01(4), D.C. Official Code) is amended—
in subparagraph
(A), by striking or ignoring proof of the purchaser’s residence in the
District of Columbia
; and
in subparagraph
(B), by striking registration and
.
Repeal handgun ammunition ban
Section 601(3)
of the Firearms Control Regulations Act of 1975 (sec. 7–2506.01(3), D.C.
Official Code) is amended by striking is the holder of the valid
registration certificate for
and inserting owns
.
Restore right of self defense in the home
Section 702 of the Firearms Control Regulations Act of 1975 (sec. 7–2507.02, D.C. Official Code) is repealed.
Remove criminal penalties for possession of unregistered firearms
In general
Section 706 of the Firearms Control Regulations Act of 1975 (sec. 7–2507.06, D.C. Official Code) is amended—
by
striking that:
and all that follows through (1) A
and inserting that a
; and
by striking paragraph (2).
Effective date
The amendments made by subsection (a) shall apply with respect to violations occurring after the 60-day period which begins on the date of the enactment of this Act.
Remove criminal penalties for carrying a firearm in one’s dwelling or other premises
In General
Section 4(a) of the Act of July 8, 1932 (47 Stat. 651; sec. 22–4504(a), D.C. Official Code) is amended—
in the matter
before paragraph (1), by striking a pistol,
and inserting the
following: except in his dwelling house or place of business or on other
land possessed by that person, whether loaded or unloaded, a firearm,
;
and
by striking
except that:
and all that follows through (2) If the
violation
and inserting except that if the
violation
.
Conforming Amendment
Section 5 of such Act (47 Stat. 651; sec. 22–4505, D.C. Official Code) is amended—
by striking
pistol
each place it appears and inserting
firearm
; and
by striking
pistols
each place it appears and inserting
firearms
.
Authorizing Purchases of Firearms by District Residents
Section 922 of title 18, United States Code,
is amended in paragraph (b)(3) by inserting after “other than a State in which
the licensee’s place of business is located” the following: , or to the
sale or delivery of a handgun to a resident of the District of Columbia by a
licensee whose place of business is located in Maryland or
Virginia,
.
Repeals of District of Columbia Acts
The Firearms Registration Amendment Act of 2008 and the Firearms Registration Emergency Amendment Act of 2008, as passed by the District of Columbia, are repealed.
Severability
Notwithstanding any other provision of this Act, if any provision of this Act, or any amendment made by this Act, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, this title and amendments made by this title, and the application of such provision or amendment to other persons or circumstances shall not be affected thereby.
Passed the Senate February 26, 2009.
Secretary