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June 23, 2004

Addendum to testimony of Hon. Dana Rohrabacher before the Committee on Government Reform

Addendum #2 - Legislative language locking-in Utah's previously-enacted 4-district plan

[Discussion Draft] H.L.C.
AMENDMENT TO H.R. 3709
OFFERED BY MR. ROHRABACHER
Amend section 6(b) to read as follows:

(b) TEMPORARY INCREASE IN APPORTIONMENT.-

(1) IN GENERAL.-Effective January 3, 2007, and until the taking effect of the first reapportionment occurring after the regular decennial census conducted for 2010-

(A) the membership of the House of Representatives shall be increased by 2;

(B) the State of Maryland, together with the State identified by the Clerk of the House of Representatives in the report submitted under paragraph (2), shall each be entitled to one additional Representative, in accordance with the requirements of paragraph (4); and (C) each such Representative shall be in addition to the membership of the House of Representatives as now prescribed by law.

(2) TRANSMITTAL OF REVISED APPORTIONMENT INFORMATION BY PRESIDENT AND CLERK.-

(A) STATEMENT OF APPORTIONMENT BY PRESIDENT.-Not later than December 1, 2004, the President shall transmit to Congress a revised version of the most recent statement of apportionment submitted under 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)), to take into account the provisions of this section.

(B) REPORT BY CLERK.- Not later than 15 calendar days after receiving the revised version of the statement of apportionment under subparagraph (A), the Clerk of the House of Representatives, in accordance with section 22(b) of such Act (2 U.S.C. 2a(b)), shall send to the executive of the State (other than the State of Maryland) entitled to one additional Representative pursuant to this section a certificate of the number of Representatives to which such State is entitled under section 22 of such Act, and shall submit a report identifying that State to the Speaker of the House of Representatives.

(3) 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 (2 U.S.C. 2), nor shall such temporary increase affect the basis of reapportionment established by the Act of June 28, 1929, as amended (2 U.S.C. 2a), for the Eighty Second Congress and each Congress thereafter.

(4) COMPOSITION OF CONGRESSIONAL DISTRICTS FOR AFFECTED STATE.-During the period in which the temporary increase in the membership of the House of Representatives under this subsection is in effect, the Congressional districts of the State identified by the Clerk of the House of Representatives in the report submitted under paragraph (2) shall be those districts established under a law enacted by the State during 2001 (without regard to any amendments made to such law after 2001) which established Congressional districts for the State but which did not take effect because the number of districts provided under the law was greater than the number of districts to which the State was finally entitled after the regular decennial census for 2000.