S 160 · 111th Congress 2009–2011, ended

District of Columbia House Voting Rights Act of 2009

Latest action · Mar 2, 2009 Held at the desk.

Progress

Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.

  1. IntroducedJan 6, 2009
  2. Passed SenateFeb 26, 2009
  3. Passed HouseNot reached
  4. To the PresidentNot reached
  5. Became lawNot reached

Summary

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.

Recorded votes 3

Newest first. Open one to see how every member voted.

Roll callQuestionResultDate
Senate 73Bill Passed61–37Feb 26, 2009
Senate 67Point of Order Not Well Taken36–62Feb 25, 2009
Senate 65Cloture on the Motion to Proceed Agreed to62–34Feb 24, 2009

Cosponsors 19

Members who signed on, in the order they did. Signatures ran from Jan 6, 2009 to Feb 25, 2009; 9 are original cosponsors, there from the day it was introduced.

SeatCosponsorSigned on
I-VTBernard SandersOriginalJan 6, 2009
D-CTChristopher J. DoddOriginalJan 6, 2009
D-MAEdward M. KennedyOriginalJan 6, 2009
D-NYHillary Rodham ClintonOriginalJan 6, 2009
D-MAJohn F. KerryOriginalJan 6, 2009
R-UTOrrin G. HatchOriginalJan 6, 2009
D-VTPatrick J. LeahyOriginalJan 6, 2009
D-ILRichard J. DurbinOriginalJan 6, 2009
D-WIRussell D. FeingoldOriginalJan 6, 2009
D-MOClaire McCaskillJan 7, 2009
D-LAMary L. LandrieuJan 7, 2009
D-DEThomas R. CarperJan 7, 2009
D-MDBarbara A. MikulskiJan 12, 2009
D-MICarl LevinFeb 11, 2009
R-OHGeorge V. VoinovichFeb 11, 2009

Committees 1

Where it was sent and what each committee and subcommittee did with it, in order.

ChamberCommitteeWhat it did
SenateHomeland Security and Governmental Affairs Committee
Referred Jan 6, 2009Markup Feb 11, 2009Reported Feb 12, 2009

Actions 25

Everything that happened, newest first.

  1. Mar 2, 2009Received in the House.
  2. Mar 2, 2009Held at the desk.
  3. Feb 27, 2009Message on Senate action sent to the House.
  4. Feb 26, 2009Considered by Senate. (consideration: CR S2507-2542)
  5. Feb 26, 2009The committee substitute as amended agreed to by Unanimous Consent. (consideration: CR S2538)

In the Congressional Record 9

Days the Record’s own index lists this bill, newest first, with the pages and the members it names. Pages starting H are the House, S the Senate, E Extensions of Remarks.

WhereIn the RecordMembersDate
HouseDebate and remarks H5371, H5372Eric Cantor R-VA, Steny H. Hoyer D-MDMay 7, 2009
SenateDebate and remarks S2680James M. Inhofe R-OKMar 3, 2009
SenateDebate and remarks S2586Christopher J. Dodd D-CTFeb 27, 2009
SenateDebate and remarks S2507–S2542Text printed S2538–S2541Amendments S2512, S2516, S2522, S2559, S2574Recorded votes S2512, S2524, S2525, S2538DeMint amendment (prevent FCC repromulgation of the Fairness Doctrine requiring fair and balanced broadcasting of controversial issues)Durbin amendment (encourage and promote diversity in communication media ownership and ensure public airwaves are used in the public interest)Ensign amendment (restore right to keep and bear arms)Kyl amendment (provide for retrocession to Maryland)Benjamin L. Cardin D-MD, Byron L. Dorgan D-ND, Charles E. Schumer D-NY, Christopher S. Bond R-MO (amendment), David Vitter R-LA (amendment), Dianne Feinstein D-CA, George V. Voinovich R-OH, Harry Reid D-NV, James M. Inhofe R-OK (amendment), Jim DeMint R-SC (amendment), John Barrasso R-WY (amendment), John Cornyn R-TX, John Ensign R-NV (amendment), John Thune R-SD, Jon Kyl R-AZ, Joseph I. Lieberman I-CT, Lamar Alexander R-TN (amendment), Michael B. Enzi R-WY (amendment), Mitch McConnell R-KY, Orrin G. Hatch R-UT, Pat Roberts R-KS (amendment), Richard J. Durbin D-IL (amendment), Robert F. Bennett R-UT (amendment), Roger F. Wicker R-MS (amendment), Russell D. Feingold D-WI, Sam Brownback R-KS (amendment), Thomas R. Carper D-DEFeb 26, 2009
SenateDebate and remarks S2433–S2461Amendments S2442, S2451, S2458, S2490, S2491, S2493, S2494, S2495, S2496, S2498Cloture motions S2461Recorded votes S2451, S2460Coburn amendment (exempt bona fide District of Columbia residents from Federal income tax)McCain point of order (constitutionality)Rulings of the chair S2435Amy Klobuchar D-MN (cloture motion), Barbara A. Mikulski D-MD (cloture motion), Barbara Boxer D-CA (cloture motion), Bernard Sanders I-VT (cloture motion), Bill Nelson D-FL (cloture motion), Bob Corker R-TN (amendment), Charles E. Schumer D-NY (cloture motion), Christopher J. Dodd D-CT (cloture motion), Chuck Grassley R-IA (amendment), Daniel K. Akaka D-HI, David Vitter R-LA (amendment), Debbie Stabenow D-MI (cloture motion), Dianne Feinstein D-CA (amendment), Frank R. Lautenberg D-NJ (amendment, cloture motion), George V. Voinovich R-OH (amendment), Harry Reid D-NV (cloture motion), Jack Reed D-RI (amendment), James E. Risch R-ID (amendment), James M. Inhofe R-OK (amendment), Jeanne Shaheen D-NH (cloture motion), Jeff Bingaman D-NM (cloture motion), Jeff Sessions R-AL, Jim DeMint R-SC (amendment), Jim Webb D-VA (amendment), John Cornyn R-TX (amendment), John Ensign R-NV (amendment), John F. Kerry D-MA (cloture motion), John McCain R-AZ, John Thune R-SD (amendment), Johnny Isakson R-GA (amendment), Jon Kyl R-AZ (amendment), Joseph I. Lieberman I-CT, Lindsey Graham R-SC (amendment), Lisa Murkowski R-AK (amendment), Mel Martinez R-FL (amendment), Michael B. Enzi R-WY (amendment), Mike Crapo R-ID (amendment), Orrin G. Hatch R-UT, Pat Roberts R-KS (amendment), Patrick J. Leahy D-VT, Patty Murray D-WA (cloture motion), Richard Burr R-NC (amendment), Richard J. Durbin D-IL (amendment, cloture motion), Robert C. Byrd D-WV, Robert F. Bennett R-UT (amendment), Robert Menendez D-NJ (cloture motion), Roger F. Wicker R-MS (amendment), Roland Burris D-IL (cloture motion), Sam Brownback R-KS (amendment), Saxby Chambliss R-GA (amendment), Sheldon Whitehouse D-RI (cloture motion), Tom Coburn R-OK (amendment)Feb 25, 2009

Research

What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.

Congressional Budget Office cost estimates 2

  1. Feb 17, 2009S. 160, District of Columbia House Voting Rights Act of 2009<p>Cost estimate for the bill as ordered reported by the Senate Committee on Homeland Security and Governmental Affairs on February 11, 2009</p>
  2. Feb 17, 2009S. 160, District of Columbia House Voting Rights Act of 2009Cost estimate for the bill as ordered reported by the Senate Committee on Homeland Security and Governmental Affairs on February 11, 2009

CRS reports 4

Congressional Research Service work that CRS links to this bill or the law it became, newest first.

Cite it 4

Products on other subjects that cite it, usually among other measures.

ProductTitleKindPublished
R40948Constitutional Points of Order in the SenateReportNov 26, 2025
RL32842Gun Control Legislation ArchivedReportNov 14, 2012
RS22579District of Columbia Representation: Effect on House Apportionment ArchivedReportMar 31, 2011
RL33830District of Columbia Voting Representation in Congress: An Analysis of Legislative Proposals ArchivedReportApr 19, 2010

Amendments 19

Amendments offered to this bill.

AmendmentDescriptionOffered byStatus
SA 573To prevent the Federal Communications Commission from repromulgating the fairness doctrine.Jim DeMint R-SCAmendment SA 573 agreed to in Senate by Yea-Nay Vote. 87 - 11. Record Vote Number: 71.
SA 574To provide for the expedited judicial review for Members of Congress.Jon Kyl R-AZAmendment SA 574 agreed to in Senate by Voice Vote.
SA 575To restore Second Amendment rights in the District of Columbia.John Ensign R-NVAmendment SA 575 agreed to in Senate by Yea-Nay Vote. 62 - 36. Record Vote Number: 72.
SA 576To restore Second Amendment rights in the District of Columbia.Tom Coburn R-OKProposed amendment SA 576 withdrawn in Senate. (consideration: CR S2525)
SA 577No description on fileTom Coburn R-OKSenate amendment submitted

Related bills 3

Companion bills and other measures the record links to this one.

Titles 5

Every title it has carried, official and short, at each stage.

Official Title as Introduced
A bill to provide the District of Columbia a voting seat and the State of Utah an additional seat in the House of Representatives.
Short Titles as Introduced
District of Columbia House Voting Rights Act of 2009
Short Titles as Reported to Senate
District of Columbia House Voting Rights Act of 2009
Short Titles as Passed Senate for portions of this bill
Second Amendment Enforcement Act
District of Columbia House Voting Rights Act of 2009

Subjects

Assigned by the Library of Congress. Policy area: Congress.

Text 3

Each version as it was printed, newest first.

  1. Feb 26, 2009Engrossed in Senate
  2. Feb 12, 2009Reported to Senate
  3. Jan 6, 2009Introduced in Senate

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Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.