S. Amdt. 585 - To Provide for the Retrocession of the District of Columbia to the State of Maryland, and for Other Purposes.

District of Columbia House Voting Rights Act of 2009

S. 160 — 111^th Congress (2009–2010)

Keywords

Voting, Washington DC, Utah

Summary

A bill to provide the District of Columbia a voting seat and the State of Utah an additional seat in the House of Representatives. (by CRS)

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Title

A bill to provide the District of Columbia a voting seat and the State of Utah an additional seat in the House of Representatives.

Other Titles

• District of Columbia House Voting Rights Act of 2009
• District of Columbia House Voting Rights Act of 2009
• District of Columbia House Voting Rights Act of 2009
• Second Amendment Enforcement Act

Sponsor

Joseph I. Lieberman

Co-Sponsors

• Patrick J. Leahy
• Edward Kennedy
• George Voinovich
• Russell Feingold
• Orrin G. Hatch
• John F. Kerry
• Richard J. Durbin
• Carl Levin
• Barbara A. Mikulski
• Charles E. Schumer
• Arlen Specter
• Christopher Dodd
• Thomas R. Carper
• Hillary Clinton
• Claire McCaskill
• Mary L. Landrieu
• Bernard Sanders
• Dianne Feinstein
• Frank R. Lautenberg

Subjects

• Congress
• Congressional elections
• Constitution and constitutional amendments
• District of Columbia affairs
• Elections, voting, political campaign regulation
• House of Representatives
• Judicial review and appeals
• Members of Congress
• Presidents and presidential powers
• Utah

Related Bills

• H.R. 157 (111^th) : District of Columbia House Voting Rights Act of 2009
• H.R. 665 (111^th) : District of Columbia Voting Rights Restoration Act of 2009
• S.J.Res. 11 (111^th) : A Joint Resolution Proposing an Amendment to the Constitution of the United States Relative to a Seat in the House of Representatives for the District of Columbia.

Major Actions

Introduced	1/06/2009
Referred to Committee
Amendments (19 proposed)
Passed Senate	2/26/2009

Bill History

• All Votes
• All Actions
• Amendments

	Chamber/Committee	Motion	Date	Result
select this vote	Senate	On Cloture on the Motion to Proceed (Motion to Invoke Cloture on the Motion to Proceed to Consider S. 160)	2/24/2009	This motion PASSED the Senate 62 voted YES 34 voted NO 3 voted present/not voting
select this vote	Senate	Amendment SA 574 agreed to in Senate by Voice Vote.	2/25/2009	PASSED by voice vote
select this vote	Senate	On the Point of Order (Is The Constitutional Point of Order Well Taken?)	2/25/2009	This motion the Senate 36 voted YES 62 voted NO 1 voted present/not voting
select this vote	Senate	Coburn Amdt. No. 581	2/25/2009	This amendment DID NOT PASS the Senate 7 voted YES 91 voted NO 1 voted present/not voting
currently selected	Senate	Kyl Amdt. No. 585	2/26/2009	This amendment DID NOT PASS the Senate 30 voted YES 67 voted NO 2 voted present/not voting
select this vote	Senate	Durbin Amdt. No. 591	2/26/2009	This amendment PASSED the Senate 57 voted YES 41 voted NO 1 voted present/not voting
select this vote	Senate	DeMint Amdt. No. 573	2/26/2009	This amendment PASSED the Senate 87 voted YES 11 voted NO 1 voted present/not voting
select this vote	Senate	Ensign Amdt. No. 575	2/26/2009	This amendment PASSED the Senate 62 voted YES 36 voted NO 1 voted present/not voting
select this vote	Senate	On Passage - Senate - S. 160 As Amended	2/26/2009	This bill PASSED the Senate 61 voted YES 37 voted NO 1 voted present/not voting

	Action	Date	Description
	Introduced	1/06/2009
		1/06/2009	Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
		1/06/2009	Sponsor introductory remarks on measure. (CR S141-142)
	Put on a legislative calendar	2/11/2009	Committee on Homeland Security and Governmental Affairs. Ordered to be reported with an amendment in the nature of a substitute favorably.
		2/12/2009	Committee on Homeland Security and Governmental Affairs. Reported by Senator Lieberman with an amendment in the nature of a substitute. Without written report.
	Put on a legislative calendar	2/12/2009	Placed on Senate Legislative Calendar under General Orders. Calendar No. 23.
		2/13/2009	Motion to proceed to consideration of measure made in Senate.
		2/13/2009	Cloture motion on the motion to proceed to the bill presented in Senate.
		2/13/2009	Motion to proceed to consideration of measure withdrawn in Senate by Unanimous Consent.
		2/23/2009	Motion to proceed to measure considered in Senate.
		2/24/2009	Motion to proceed to measure considered in Senate.
		2/24/2009	Motion to proceed to consideration of measure agreed to in Senate by Unanimous Consent.
		2/24/2009	Measure laid before Senate by motion.
select this vote	Vote	2/24/2009	On Cloture on the Motion to Proceed (Motion to Invoke Cloture on the Motion to Proceed to Consider S. 160)
		2/25/2009	Considered by Senate.
		2/25/2009	Point of order that the measure violates the Constitution raised in Senate.
		2/25/2009	Cloture motion on the measure presented in Senate.
		2/25/2009	Amendment SA 574 proposed by Senator Kyl.
select this vote	Vote	2/25/2009	Amendment SA 574 agreed to in Senate by Voice Vote.
		2/25/2009	Amendment SA 575 proposed by Senator Ensign.
		2/25/2009	Amendment SA 576 proposed by Senator Coburn to Amendment SA 575.
		2/25/2009	Amendment SA 579 proposed by Senator Thune.
		2/25/2009	Amendment SA 581 proposed by Senator Coburn.
		2/25/2009	Amendment SA 585 proposed by Senator Kyl.
select this vote	Vote	2/25/2009	On the Point of Order (Is The Constitutional Point of Order Well Taken?)
select this vote	Vote	2/25/2009	Coburn Amdt. No. 581
		2/26/2009	Considered by Senate.
		2/26/2009	The committee substitute as amended agreed to by Unanimous Consent.
		2/26/2009	Cloture motion on the measure withdrawn by unanimous consent in Senate.
		2/26/2009	Amendment SA 573 proposed by Senator DeMint.
		2/26/2009	Considered by Senate.
		2/26/2009	Considered by Senate.
		2/26/2009	Proposed amendment SA 576 withdrawn in Senate.
		2/26/2009	Considered by Senate.
		2/26/2009	Proposed amendment SA 579 withdrawn in Senate.
		2/26/2009	Considered by Senate.
		2/26/2009	Amendment SA 587 proposed by Senator Ensign.
		2/26/2009	Proposed amendment SA 587 withdrawn in Senate.
		2/26/2009	Amendment SA 591 proposed by Senator Durbin.
currently selected	Vote	2/26/2009	Kyl Amdt. No. 585
select this vote	Vote	2/26/2009	Durbin Amdt. No. 591
select this vote	Vote	2/26/2009	DeMint Amdt. No. 573
select this vote	Vote	2/26/2009	Ensign Amdt. No. 575
select this vote	Senate Vote on Passage	2/26/2009	On Passage - Senate - S. 160 As Amended
		2/27/2009	Message on Senate action sent to the House.
		3/02/2009	Received in the House.
		3/02/2009	Held at the desk.

	Number	Sponsor	Date Offered	Status
select this vote	S. Amdt. 573	DeMint, Jim [R-SC]	February 25, 2009	Passed by roll call vote on February 25, 2009.
	To prevent the Federal Communications Commission from repromulgating the fairness doctrine. Show amendment details
select this vote	S. Amdt. 574	Kyl, Jon [R-AZ]	February 25, 2009	Passed by voice vote on February 24, 2009.
	To provide for the expedited judicial review for Members of Congress. Show amendment details
select this vote	S. Amdt. 575	Ensign, John [R-NV]	February 25, 2009	Passed by roll call vote on February 25, 2009.
	To restore Second Amendment rights in the District of Columbia. Show amendment details
	S. Amdt. 576	Coburn, Thomas [R-OK]	February 25, 2009	Withdrawn on February 25, 2009.
	To restore Second Amendment rights in the District of Columbia. Show amendment details
	S. Amdt. 577	Coburn, Thomas [R-OK]	February 25, 2009	Offered on February 24, 2009.
	Amendment information not available. Show amendment details
	S. Amdt. 578	Coburn, Thomas [R-OK]	February 25, 2009	Offered on February 24, 2009.
	Amendment information not available. Show amendment details
	S. Amdt. 579	Thune, John [R-SD]	February 25, 2009	Withdrawn on February 25, 2009.
	To amend chapter 44 of title 18, United States Code, to allow citizens who have concealed carry permits from the State or the District of Columbia in which they reside to carry concealed firearms in another State or the District of Columbia that grants concealed carry permits, if the individual complies with the laws of the State or District of Columbia. Show amendment details
	S. Amdt. 580	Coburn, Thomas [R-OK]	February 25, 2009	Offered on February 24, 2009.
	Amendment information not available. Show amendment details
select this vote	S. Amdt. 581	Coburn, Thomas [R-OK]	February 25, 2009	Failed by roll call vote on February 24, 2009.
	In the nature of a substitute. Show amendment details
	S. Amdt. 582	Feinstein, Dianne [D-CA]	February 25, 2009	Offered on February 24, 2009.
	Amendment information not available. Show amendment details
	S. Amdt. 583	Feinstein, Dianne [D-CA]	February 25, 2009	Offered on February 24, 2009.
	Amendment information not available. Show amendment details
	S. Amdt. 584	Feinstein, Dianne [D-CA]	February 25, 2009	Offered on February 24, 2009.
	Amendment information not available. Show amendment details
currently selected	S. Amdt. 585	Kyl, Jon [R-AZ]	February 25, 2009	Failed by roll call vote on February 26, 2009.
	To provide for the retrocession of the District of Columbia to the State of Maryland, and for other purposes. Actions February 25, 2009, 12:00 am ET - Amendment SA 585 proposed by Senator Kyl. February 26, 2009, 12:00 am ET - Considered by Senate. February 26, 2009, 10:31 am ET - Kyl Amdt. No. 585 Full Text of this Amendment SA 585. Mr. KYL proposed an amendment to the bill S. 160, to provide the District of Columbia a voting seat and the State of Utah an additional seat in the House of Representatives; as follows: Strike all after the enacting clause and insert the following: SECTION 1. RETROCESSION OF DISTRICT OF COLUMBIA TO MARYLAND. (a) In General.--Upon the issuance of a proclamation by the President under section 6 and except as provided in subsection (b), the territory ceded to Congress by the State of Maryland to serve as the District constituting the permanent seat of the Government of the United States is ceded and relinquished to the State of Maryland. (b) Continuation of Federal Control Over National Capital Service Area.--Notwithstanding subsection (a), Congress shall continue to exercise exclusive legislative authority and control over the District of Columbia, which shall consist of the National Capital Service Area described in section 3. SEC. 2. EFFECT ON JUDICIAL PROCEEDINGS IN DISTRICT OF COLUMBIA. (a) Continuation of Suits.--No writ, action, indictment, cause, or proceeding pending in any court of the District of Columbia on the effective date of this Act shall abate as a result of the enactment of this Act, but shall be transferred and shall proceed within such appropriate court of the State of Maryland as established under the laws or constitution of the State of Maryland. (b) Appeals.--An order or decision of any court of the District of Columbia for which no appeal has been filed as of the effective date of this Act shall be considered an order or decision of a court of the State of Maryland for purposes of appeal from and appellate review of such order or decision in an appropriate court of the State of Maryland. SEC. 3. NATIONAL CAPITAL SERVICE AREA. (a) Description.--The National Capital Service Area referred to in section 1(b) is comprised of the principal Federal monuments, the White House, the Capitol Building, the United States Supreme Court Building, and the Federal executive, legislative, and judicial office buildings located adjacent to the Mall and the Capitol Building (but shall not include the District Building), and is more particularly described as the territory located within the following boundaries: Beginning at the point on the present Virginia-District of Columbia boundary due west of the northernmost point of Theodore Roosevelt Island and running due east of the eastern shore of the Potomac River; thence generally south along the shore at the mean high water mark to the northwest corner of the Kennedy Center; thence east along the north side of the Kennedy Center to a point where it reaches the E Street Expressway; thence east on the expressway to E Street Northwest and thence east on E Street Northwest to Nineteenth Street Northwest; thence north on Nineteenth Street Northwest to F Street Northwest; thence east on F Street Northwest to Eighteenth Street Northwest; thence south on Eighteenth Street Northwest to Constitution Avenue Northwest; thence east on Constitution Avenue to Seventeenth Street Northwest; thence north on Seventeenth Street Northwest to H Street Northwest; thence east on H Street Northwest to Madison Place Northwest; thence south on Madison Place Northwest to Pennsylvania Avenue Northwest; thence east on Pennsylvania Avenue Northwest to Fifteenth Street Northwest; thence south on Fifteenth Street Northwest to Pennsylvania Avenue Northwest; thence southeast on Pennsylvania Avenue Northwest to Tenth Street Northwest; thence north on Tenth Street Northwest to E Street Northwest; thence east on E Street Northwest to Ninth Street Northwest; thence south on Ninth Street Northwest to Pennsylvania Avenue Northwest; thence southeast on Pennsylvania Avenue Northwest to John Marshall Place Northwest; thence north on John Marshall Place Northwest to C Street Northwest; thence east on C Street Northwest to Third Street Northwest; thence north on Third Street Northwest to D Street Northwest; thence east on D Street Northwest to Second Street Northwest; thence south on Second Street Northwest to the intersection of Constitution Avenue Northwest and Louisiana Avenue Northwest; thence northeast on Louisiana Avenue Northwest to North Capitol Street; thence north on North Capitol Street to Massachusetts Avenue Northwest; thence southeast on Massachusetts Avenue Northwest so as to encompass Union Square; thence following Union Square to F Street Northeast; thence east on F Street Northeast to Second Street Northeast; thence south on Second Street Northeast to D Street Northeast; thence west on D Street Northeast to First Street Northeast; thence south on First Street Northeast to C Street Northeast; thence east on C Street Northeast to Third Street Northeast; thence south on Third Street Northeast to Maryland Avenue Northeast; thence south and west on Maryland Avenue Northeast to Constitution Avenue Northeast; thence west on Constitution Avenue Northeast to First Street Northeast; thence south on First Street Northeast to Maryland Avenue Northeast; thence generally north and east on Maryland Avenue to Second Street Northeast; thence south on Second Street Northeast to East Capitol Street; thence east on East Capitol Street to Third Street Northeast; thence south on Third Street Northeast to Independence Avenue Southeast; thence west on Independence Avenue Southeast to Second Street Southeast; thence south on Second Street Southeast to C Street Southeast; thence west on C Street Southeast to New Jersey Avenue Southeast; thence south on New Jersey Avenue Southeast to D Street Southeast; thence west on D Street Southeast to Washington Avenue Southwest; thence north and west on Washington Avenue Southwest to the intersection of Independence Avenue Southwest and Second Street Southwest; thence south on Second Street Southwest to Virginia Avenue Southwest; thence generally west on Virginia Avenue to Third Street Southwest; thence north on Third Street Southwest to C Street Southwest; thence west on C Street Southwest to Sixth Street Southwest; thence south on Sixth Street Southwest to E Street Southwest; thence west on E Street Southwest to Seventh Street Southwest; thence north on Seventh Street Southwest to Maryland Avenue Southwest; thence west on Maryland Avenue Southwest to Ninth Street Southwest; thence north on Ninth Street Southwest to Independence Avenue Southwest; thence west on Independence Avenue Southwest to Twelfth Street Southwest; thence south on Twelfth Street Southwest to D Street Southwest; thence west on D Street Southwest to Fourteenth Street Southwest; thence south on Fourteenth Street Southwest to the middle of the Washington Channel; thence generally south and east along the midchannel of the Washington Channel to a point due west of the northern boundary line of Fort Lesley McNair; thence due east to the side of the Washington Channel; thence following generally south and east along the side of the Washington Channel at the mean high water mark, to the point of confluence with the Anacostia River, and along the northern shore at the mean high water mark to the northernmost point of the Eleventh Street Bridge; thence generally south and west along such shore at the mean high water mark to the point of confluence of the Anacostia and Potomac Rivers; thence generally south and east along the northern side of the Eleventh Street Bridge to the eastern shore of the Anacostia River; thence generally south along the eastern shore at the mean high water mark of the Potomac River to the point where it meets the present southeastern boundary line of the District of Columbia; thence south and west along such southeastern boundary line to the point where it meets the present Virginia-District of Columbia boundary; thence generally north and west up the Potomac River along the Virginia-District of Columbia boundary to the point of beginning. (b) Streets and Sidewalks.--The National Capital Service Area shall include any street (and sidewalk thereof) that bounds such Area. (c) Affronting or Abutting Federal Real Property.-- (1) IN GENERAL.--The National Capital Service Area shall include any Federal real property affronting or abutting such Area as of the effective date of this Act. (2) PROPERTY INCLUDED.--For purposes of paragraph (1), Federal real property affronting or abutting the National Capital Service Area shall-- (A) include the Department of Housing and Urban Development Building, the Department of Energy Building, Fort Lesley McNair, the Washington Navy Yard, the Anacostia Naval Annex, the United States Naval Station, Bolling Air Force Base, and the Naval Research Laboratory; and (B) not include any portion of Rock Creek Park, any portion of Anacostia Park east of the northern side of the Eleventh Street Bridge, or any territory not located in the District of Columbia on the day before the date of the enactment of this Act. SEC. 4. TRANSITION PROVISIONS RELATING TO HOUSE OF REPRESENTATIVES. (a) Temporary Increase in Apportionment.-- (1) IN GENERAL.--Until the taking effect of the first reapportionment occurring after the effective date of this Act-- (A) the individual serving as the Delegate to the House of Representatives from the District of Columbia shall serve as a member of the House of Representatives from the State of Maryland; (B) the State of Maryland shall be entitled to 1 additional Representative until the taking effect of such reapportionment; and (C) such Representative shall be in addition to the membership of the House of Representatives as now prescribed by law. (2) INCREASE NOT COUNTED AGAINST TOTAL NUMBER OF MEMBERS.--The temporary increase in the membership of the House of Representatives provided under paragraph (1) shall not operate to either increase or decrease the permanent membership of the House of Representatives as prescribed in the Act of August 8, 1911 (37 Stat. 13; 2 U.S.C. 2), nor shall such temporary increase affect the basis of reapportionment established by the Act of November 15, 1941 (55 Stat. 761; 2 U.S.C. 2a), for the 82nd Congress and each Congress thereafter. (b) Repeal of Laws Providing for Delegate From the District of Columbia.--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. SEC. 5. EFFECT ON OTHER LAWS. No law or regulation which is in force on the effective date of this Act shall be deemed amended or repealed by this Act except to the extent specifically provided in this Act, or to the extent that such law or regulation is inconsistent with this Act. SEC. 6. PROCLAMATION REGARDING ACCEPTANCE OF RETROCESSION BY MARYLAND. Not later than 30 days after the State of Maryland enacts legislation accepting the retrocession described in section 1(a), the President shall issue a proclamation announcing such acceptance and declaring that the territory ceded to Congress by the State of Maryland to serve as the District constituting the permanent seat of the Government of the United States has been ceded back to the State of Maryland. SEC. 7. EFFECTIVE DATE. The provisions of this Act and the amendments made by this Act shall take effect on the date the President issues a proclamation under section 6 or the date of the ratification of an amendment to the Constitution of the United States repealing the twenty-third article of amendment to the Constitution, whichever comes later. (As printed in the Congressional Record for the Senate on Feb 25, 2009.)
	S. Amdt. 586	Durbin, Richard [D-IL]	February 25, 2009	Offered on February 25, 2009.
	Amendment information not available. Show amendment details
	S. Amdt. 587	Ensign, John [R-NV]	February 25, 2009	Withdrawn on February 26, 2009.
	To reauthorize the DC School Choice Incentive Act of 2003 for fiscal year 2010. Show amendment details
	S. Amdt. 588	Martinez, Mel [R-FL]	February 25, 2009	Offered on February 25, 2009.
	Amendment information not available. Show amendment details
	S. Amdt. 589	Lautenberg, Frank [D-NJ]	February 25, 2009	Offered on February 25, 2009.
	Amendment information not available. Show amendment details
	S. Amdt. 590	Lautenberg, Frank [D-NJ]	February 25, 2009	Offered on February 25, 2009.
	Amendment information not available. Show amendment details
select this vote	S. Amdt. 591	Durbin, Richard [D-IL]	February 26, 2009	Passed by roll call vote on February 26, 2009.
	To encourage and promote diversity in communication media ownership, and to ensure that the public airwaves are used in the public interest. Show amendment details