S. Amdt. 574 - To Provide for the Expedited Judicial Review for Members of Congress.
- Sponsor:
- Jon Kyl
PASSED by voice vote on February 25, 2009.
District of Columbia House Voting Rights Act of 2009
S. 160 — 111th 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)
- Learn More
- At OpenCongress
- 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 (111th) : District of Columbia House Voting Rights Act of 2009
- H.R. 665 (111th) : District of Columbia Voting Rights Restoration Act of 2009
- S.J.Res. 11 (111th) : 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
-
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 votingcurrently selected 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 votingselect 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 votingselect this vote 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 votingselect 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 votingselect 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 votingselect 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 votingselect 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 votingAction 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. currently selected 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. select this vote 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.
currently selected S. Amdt. 574 Kyl, Jon [R-AZ] February 25, 2009 Passed by voice vote on February 25, 2009. To provide for the expedited judicial review for Members of Congress.
Actions
February 25, 2009, 12:00 am ET - Amendment SA 574 proposed by Senator Kyl.
February 25, 2009, 12:00 am ET - Amendment SA 574 agreed to in Senate by Voice Vote.Full Text of this Amendment
SA 574. 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:
On page 27, strike line 21 through the end of the bill and insert the following:
SEC. 8. JUDICIAL REVIEW.
(a) 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:
(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.
(b) Intervention by Members of Congress.--
(1) 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.
(2) 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.
(c) 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.
SA 575. Mr. ENSIGN (for himself, Mr. Vitter, Mr. Coburn, Mr. DeMint, Mr. Burr, Mr. Wicker, Mr. Thune, Mr. Grassley, Mr. Risch, Mr. Inhofe, Mr. Bennett, Mr. Enzi, Mr. Chambliss, Mr. Isakson, Mr. Crapo, Mr. Cornyn, Mr. Brownback, Mr. Corker, Mr. Martinez, Ms. Murkowski, Mr. Graham, and Mr. Roberts) 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:
At the appropriate place, insert the following:
TITLE __--SECOND AMENDMENT ENFORCEMENT ACT
SEC. X01. SHORT TITLE.
This title may be cited as the ``Second Amendment Enforcement Act''.
SEC. X02. CONGRESSIONAL FINDINGS.
Congress finds the following:
(1) The Second Amendment to the United States Constitution provides that the right of the people to keep and bear arms shall not be infringed.
(2) 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.
(3) 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.
(4) 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.
(5) 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.
(6) 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.
(7) 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.
SEC. X03. 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.''.
SEC. X04. REPEAL D.C. SEMIAUTOMATIC BAN.
(a) 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:
``(10) `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.''.
(b) 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:
``(c) `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.''.
SEC. X05. REPEAL REGISTRATION REQUIREMENT.
(a) Repeal of Requirement.--
(1) 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).''.
(2) 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:
``(c) A firearm described in this subsection is any of the following:
``(1) A sawed-off shotgun.
``(2) A machine gun.
``(3) A short-barreled rifle.''.
(3) 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''.
(b) Conforming Amendments to Firearms Control Regulations Act.--The Firearms Control Regulations Act of 1975 is amended as follows:
(1) Sections 202 through 211 (secs. 7-2502.02 through 7-2502.11, D.C. Official Code) are repealed.
(2) Section 101 (sec. 7-2501.01, D.C. Official Code) is amended by striking paragraph (13).
(3) Section 401 (sec. 7-2504.01, D.C. Official Code) is amended--
(A) 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
(B) in subsection (b), by striking ``which are unregisterable under section 202'' and inserting ``which are prohibited under section 201''.
(4) Section 402 (sec. 7-2504.02, D.C. Official Code) is amended--
(A) 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
(B) in subsection (b), by amending paragraph (1) to read as follows:
``(1) The applicant's name;''.
(5) Section 403(b) (sec. 7-2504.03(b), D.C. Official Code) is amended by striking ``registration certificate'' and inserting ``dealer's license''.
(6) Section 404(a)(3) (sec. 7-2504.04(a)(3)), D.C. Official Code) is amended--
(A) in subparagraph (B)(i), by striking ``registration certificate number (if any) of the firearm,'';
(B) in subparagraph (B)(iv), by striking ``holding the registration certificate'' and inserting ``from whom it was received for repair'';
(C) in subparagraph (C)(i), by striking ``and registration certificate number (if any) of the firearm'';
(D) in subparagraph (C)(ii), by striking ``registration certificate number or''; and
(E) by striking subparagraphs (D) and (E).
(7) Section 406(c) (sec. 7-2504.06(c), D.C. Official Code) is amended to read as follows:
``(c) 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--
``(1) 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
``(2) lawfully dispose, to himself or to another, any firearms and ammunition in his inventory.''.
(8) 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.''.
(9) Section 502 (sec. 7-2505.02, D.C. Official Code) is amended--
(A) by amending subsection (a) to read as follows:
``(a) 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.'';
(B) by amending subsection (c) to read as follows:
``(c) 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.'';
(C) in subsection (d), by striking paragraphs (2) and (3); and
(D) by striking subsection (e).
(10) Section 704 (sec. 7-2507.04, D.C. Official Code) is amended--
(A) in subsection (a), by striking ``any registration certificate or'' and inserting ``a''; and
(B) in subsection (b), by striking ``registration certificate,''.
(c) 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--
(1) in subparagraph (A), by striking ``or ignoring proof of the purchaser's residence in the District of Columbia''; and
(2) in subparagraph (B), by striking ``registration and''.
SEC. X06. 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''.
SEC. X07. 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.
SEC. X08. REMOVE CRIMINAL PENALTIES FOR POSSESSION OF UNREGISTERED FIREARMS.
(a) In General.--Section 706 of the Firearms Control Regulations Act of 1975 (sec. 7-2507.06, D.C. Official Code) is amended--
(1) by striking ``that:'' and all that follows through ``(1) A'' and inserting ``that a''; and
(2) by striking paragraph (2).
(b) 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.
SEC. X09. REMOVE CRIMINAL PENALTIES FOR CARRYING A FIREARM IN ONE'S DWELLING OR OTHER PREMISES.
(a) 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--
(1) 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
(2) by striking ``except that:'' and all that follows through ``(2) If the violation'' and inserting ``except that if the violation''.
(b) Conforming Amendment.--Section 5 of such Act (47 Stat. 651; sec. 22-4505, D.C. Official Code) is amended--
(1) by striking ``pistol'' each place it appears and inserting ``firearm''; and
(2) by striking ``pistols'' each place it appears and inserting ``firearms''.
SEC. X10. 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,''.
SEC. X11. 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.
SEC. X12. 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.
(As printed in the Congressional Record for the Senate on Feb 25, 2009.)
select this vote S. Amdt. 575 Ensign, John [R-NV] February 25, 2009 Passed by roll call vote on February 26, 2009. To restore Second Amendment rights in the District of Columbia.
S. Amdt. 576 Coburn, Thomas [R-OK] February 25, 2009 Withdrawn on February 26, 2009. To restore Second Amendment rights in the District of Columbia.
S. Amdt. 577 Coburn, Thomas [R-OK] February 25, 2009 Offered on February 25, 2009. Amendment information not available.
S. Amdt. 578 Coburn, Thomas [R-OK] February 25, 2009 Offered on February 25, 2009. Amendment information not available.
S. Amdt. 579 Thune, John [R-SD] February 25, 2009 Withdrawn on February 26, 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.
S. Amdt. 580 Coburn, Thomas [R-OK] February 25, 2009 Offered on February 25, 2009. Amendment information not available.
select this vote S. Amdt. 581 Coburn, Thomas [R-OK] February 25, 2009 Failed by roll call vote on February 25, 2009. In the nature of a substitute.
S. Amdt. 582 Feinstein, Dianne [D-CA] February 25, 2009 Offered on February 25, 2009. Amendment information not available.
S. Amdt. 583 Feinstein, Dianne [D-CA] February 25, 2009 Offered on February 25, 2009. Amendment information not available.
S. Amdt. 584 Feinstein, Dianne [D-CA] February 25, 2009 Offered on February 25, 2009. Amendment information not available.
select this vote 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.
S. Amdt. 586 Durbin, Richard [D-IL] February 25, 2009 Offered on February 25, 2009. Amendment information not available.
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.
S. Amdt. 588 Martinez, Mel [R-FL] February 25, 2009 Offered on February 25, 2009. Amendment information not available.
S. Amdt. 589 Lautenberg, Frank [D-NJ] February 25, 2009 Offered on February 25, 2009. Amendment information not available.
S. Amdt. 590 Lautenberg, Frank [D-NJ] February 25, 2009 Offered on February 25, 2009. Amendment information not available.
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.
MapLight did not identify any interest groups that took a position on this vote.
You may be able to explore campaign contributions data if you add interest groups.
Contributions data source: OpenSecrets.org