Union Calendar No. 206

103D CONGRESS

1ST SESSION H. R. 51

[Report No. 103–371]

A BILL

To provide for the admission of the State of New

Columbia into the Union.

NOVEMBER 17, 1993

Reported with an amendment, committed to the Commitordered to be printed tee of the Whole House on the State of the Union, and
IB

Union Calendar No. 206

103D CONGRESS

1ST SESSION H. R. 51

[Report No. 103–371]

To provide for the admission of the State of New Columbia into the Union.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 5, 1993

Ms. NORTON introduced the following bill; which was referred to the

Committee on the District of Columbia.

NOVEMBER 17, 1993

Additional sponsors: Mr. ABERCROMBIE, Mr. ANDREWS of Maine, Mr. BISHOP, Mr. BLACKWELL, Mr. BONIOR, Ms. BROWN of Florida, Mr. CLAY,

Mrs. CLAYTON, Mr. CLYBURN, Miss COLLINS of Michigan, Mrs. COLLINS

of Illinois, Mr. CONYERS, Mr. DELLUMS, Mr. DE LUGO, Mr. DIXON, Mr.

EDWARDS of California, Ms. ESHOO, Mr. EVANS, Mr. FALEOMAVAEGA,

Mr. FAZIO, Mr. FIELDS of Louisiana, Mr. FLAKE, Mr. FOGLIETTA, Mr.

FORD of Tennessee, Mr. FRANK of Massachusetts, Mr. GEPHARDT, Mr.

GONZALEZ, Mr. GUTIERREZ, Mr. HAMBURG, Mr. HASTINGS, Ms. HARMAN, Mr. HILLIARD, Mr. HINCHEY, Ms. EDDIE BERNICE JOHNSON of

Texas, Mr. JEFFERSON, Mr. KENNEDY, Mrs. KENNELLY, Mr. LAFALCE,

Mr. LEWIS of Georgia, Mrs. LOWEY, Mr. MARKEY, Mr. MCDERMOTT,

Ms. MCKINNEY, Mrs. MEEK, Mr. MFUME, Mr. MINETA, Mrs. MINK, Mr.

NADLER, Mr. OWENS, Mr. PASTOR, Mr. PAYNE of New Jersey, Ms.

PELOSI, Mr. RANGEL, Mr. REYNOLDS, Mr. ROMERO-BARCELO ́, Ms. ROYBAL-ALLARD, Mr. RUSH, Mr. SANDERS, Ms. SCHENK, Mrs. SCHROEDER,

Mr. SCOTT, Mr. SERRANO, Ms. SLAUGHTER, Mr. STARK, Mr. STOKES,

Mr. STUDDS, Mr. THOMPSON of Mississippi, Mr. TORRES, Mr. TOWNS,

Mr. TRAFICANT, Mr. TUCKER, Mr. UNDERWOOD, Mrs. UNSOELD, Ms.

VELA ́ZQUEZ, Mr. VENTO, Mr. WASHINGTON, Ms. WATERS, Mr. WATT,

Mr. WHEAT, Ms. WOOLSEY, and Mr. WYNN

NOVEMBER 17, 1993

Reported with an amendment, committed to the Committee of the Whole

House on the State of the Union, and ordered to be printed
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[Strike out all after the enacting clause and insert the part printed in italic]

[For text of introduced bill, see copy of bill as introduced on January 5, 1993]

A BILL

To provide for the admission of the State of New Columbia

into the Union.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

4 (a) SHORT TITLE.—This Act may be cited as the ‘‘New

5 Columbia Admission Act’’.

6 (b) TABLE OF CONTENTS.—The table of contents of this

7 Act is as follows:

Sec. 1. Short title; table of contents.

TITLE I—STATE OF NEW COLUMBIA

Subtitle A—Procedures for Admission

Sec. 101. Admission into the union.

Sec. 102. Process for admission.

Sec. 103. Election of officials of State.

Sec. 104. Issuance of presidential proclamation.

Subtitle B—Description of New Columbia Territory

Sec. 111. Territories and boundaries of New Columbia.

Sec. 112. Description of District of Columbia after admission of State.

Sec. 113. Continuation of title to lands and property.

Subtitle C—General Provisions Relating to Laws of New Columbia

Sec. 121. Limitation on authority of State to tax Federal property.

Sec. 122. Effect of admission of State on current laws.

Sec. 123. Continuation of judicial proceedings.

Sec. 124. United States nationality.
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TITLE II—RESPONSIBILITIES AND INTERESTS OF FEDERAL

GOVERNMENT

Sec. 201. Continuation of revised District of Columbia as seat of Federal government.

Sec. 202. Treatment of military lands.

Sec. 203. Payment to State in lieu of tax.

Sec. 204. Waiver of claims to Federal lands and property.

Sec. 205. Preservation of scenic vistas.

Sec. 206. Permitting individuals residing in new seat of government to vote in

Federal elections in State of most recent domicile.

Sec. 207. Repeal of law providing for participation of District of Columbia in

election of President and Vice-President.

Sec. 208. Expedited consideration of constitutional amendment.

TITLE III—GENERAL PROVISIONS

Sec. 301. General definitions.

Sec. 302. Certification of enactment by president.

Sec. 303. Statehood Transition Commission.

1 TITLE I—STATE OF NEW

2 COLUMBIA

3 Subtitle A—Procedures for

4 Admission

5 SEC. 101. ADMISSION INTO THE UNION.

6 (a) IN GENERAL.—Subject to the provisions of this

7 Act, upon issuance of the proclamation required by section

8 104(b), the State of New Columbia is declared to be a State

9 of the United States of America, and is declared admitted

10 into the Union on an equal footing with the other States

11 in all respects whatever.

12 (b) CONSTITUTION OF STATE.—The State Constitution

13 shall always be republican in form and shall not be repug14 nant to the Constitution of the United States and the prin15 ciples of the Declaration of Independence.
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1 SEC. 102. PROCESS FOR ADMISSION.

2 (a) APPROVAL OF ADMISSION BY VOTERS OF DISTRICT

3 OF COLUMBIA.—

4 (1) ELECTION PROCEDURES.—At an election des5 ignated by proclamation of the Mayor, which may be

6 the primary or the general election held pursuant to

7 section 103(a), a general election, or a special elec8 tion, there shall be submitted to the electors qualified

9 to vote in such election the following propositions for

10 adoption or rejection:

11 ‘‘(A) New Columbia shall immediately be

12 admitted into the Union as a State.

13 ‘‘(B) The proposed Constitution for the

14 State of New Columbia, as adopted by the Coun15 cil of the District of Columbia pursuant to the

16 Constitution for the State of New Columbia Ap17 proval Act of 1987 (D.C. Law 7–8), shall be

18 deemed ratified and shall replace the Constitu19 tion for the State of New Columbia ratified on

20 November 2, 1982.

21 ‘‘(C) The boundaries of the State of New Co22 lumbia shall be as prescribed in the New Colum23 bia Admission Act.

24 ‘‘(D) All provisions of the New Columbia

25 Admission Act, including provisions reserving

26 rights or powers to the United States and provi-
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1 sions prescribing the terms or conditions of the

2 grants of lands or other property made to the

3 State of New Columbia, are consented to fully by

4 the State and its people.’’.

5 (2) RESPONSIBILITIES OF MAYOR.—The Mayor

6 of the District of Columbia is authorized and directed

7 to take such action as may be necessary or appro8 priate to ensure the submission of such propositions

9 to the people. The return of the votes cast on such

10 propositions shall be made by the election officers di11 rectly to the Board of Elections of the District of Co12 lumbia, which shall certify the results of the submis13 sion to the Mayor. The Mayor shall certify the results

14 of such submission to the President of the United

15 States.

16 (b) EFFECT OF VOTE.—

17 (1) ADOPTION OF PROPOSITIONS.—In the event

18 the propositions described in subsection (a) are adopt19 ed in an election under such subsection by a majority

20 of the legal votes cast on such submission—

21 (A) the State Constitution shall be deemed

22 ratified; and

23 (B) the President shall issue a proclamation

24 pursuant to section 104.
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1 (2) REJECTION OF PROPOSITION.—In the event

2 any one of the propositions described in subsection (a)

3 is not adopted in an election under such subsection by

4 a majority of the legal votes cast on such submission,

5 the provisions of this Act shall cease to be effective.

6 SEC. 103. ELECTION OF OFFICIALS OF STATE.

7 (a) ISSUANCE OF PROCLAMATION.—

8 (1) IN GENERAL.—Not more than 30 days after

9 receiving certification of the enactment of this Act

10 from the President pursuant to section 302, the

11 Mayor of the District of Columbia shall issue a proc12 lamation for the first elections, subject to the provi13 sions of this section, for two Senators and one Rep14 resentative in Congress.

15 (2) SPECIAL RULE FOR ELECTION OF SEN16 ATORS.—In the election of Senators from the State

17 pursuant to paragraph (1), the 2 Senate offices shall

18 be separately identified and designated, and no per19 son may be a candidate for both offices. No such iden20 tification or designation of either of the offices shall

21 refer to or be taken to refer to the terms of such of22 fices, or in any way impair the privilege of the Sen23 ate to determine the class to which each of the Sen24 ators elected shall be assigned.

25 (b) RULES FOR CONDUCTING ELECTION.—
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1 (1) IN GENERAL.—The proclamation of the

2 Mayor issued under subsection (a) shall provide for

3 the holding of a primary election and a general elec4 tion and at such elections the officers required to be

5 elected as provided in subsection (a) shall be chosen

6 by the qualified electors of the District of Columbia

7 in the manner required by law.

8 (2) CERTIFICATION OF RETURNS.—Election re9 turns shall be made and certified in the manner re10 quired by law, except that the Mayor shall also certify

11 the results of such elections to the President of the

12 United States.

13 (c) ASSUMPTION OF DUTIES.—Upon the admission of

14 the State into the Union, the Senators and Representative

15 elected at the election described in subsection (a) shall be

16 entitled to be admitted to seats in Congress and to all the

17 rights and privileges of Senators and Representatives of

18 other States in the Congress of the United States.

19 (d) TRANSFER OF OFFICES OF MAYOR AND MEMBERS

20 AND CHAIR OF COUNCIL.—Upon the admission of the State

21 into the Union, the Mayor, members of the Council, and

22 the Chair of the Council at the time of admission shall be

23 deemed the Governor, members of the House of Delegates,

24 and the President of the House of Delegates of the State,
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1 respectively, as provided by the State Constitution and the

2 laws of the State.

3 (e) CONTINUATION OF AUTHORITY AND DUTIES AND

4 JUDICIAL AND EXECUTIVE OFFICERS.—Upon the admis5 sion of the State into the Union, members of executive and

6 judicial offices of the District of Columbia shall be deemed

7 members of the respective executive and judicial offices of

8 the State, as provided by the State Constitution and the

9 laws of the State.

10 (f) SPECIAL RULE FOR HOUSE OF REPRESENTATIVES

11 MEMBERSHIP.—The State upon its admission into the

12 Union shall be entitled to one Representative until the tak13 ing effect of the next reapportionment, and such Representa14 tive shall be in addition to the membership of the House

15 of Representatives as now prescribed by law, except that

16 such temporary increase in the membership shall not oper17 ate to either increase or decrease the permanent membership

18 of the House of Representatives or affect the basis of appor19 tionment for the Congress.

20 SEC. 104. ISSUANCE OF PRESIDENTIAL PROCLAMATION.

21 (a) IN GENERAL.—If the President finds that the prop22 ositions set forth in section 102(a) have been duly adopted

23 by the people of the State, the President, upon certification

24 of the returns of the election of the officers required to be

25 elected as provided in section 103(a), shall, not later than
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1 90 days after receiving such certification, issue a proclama2 tion announcing the results of such elections as so

3 ascertained.

4 (b) ADMISSION OF STATE UPON ISSUANCE OF PROCLA5 MATION.—Upon the issuance of the proclamation by the

6 President under subsection (a), the State shall be deemed

7 admitted into the Union as provided in section 101.

8 Subtitle B—Description of New

9 Columbia Territory

10 SEC. 111. TERRITORIES AND BOUNDARIES OF NEW COLUM11 BIA.

12 (a) IN GENERAL.—Except as provided in subsection

13 (b), the State shall consist of all of the territory of the Dis14 trict of Columbia as of the date of the enactment of this

15 Act, subject to the results of the technical survey conducted

16 under subsection (c).

17 (b) EXCLUSION OF PORTION OF DISTRICT OF COLUM18 BIA REMAINING AS NATIONAL CAPITAL.—The territory of

19 the State shall not include the area described in section 112,

20 which shall remain as the District of Columbia for purposes

21 of serving as the seat of the government of the United States.

22 (c) TECHNICAL SURVEY.—Not later than 6 months

23 after the date of the enactment of this Act, the President

24 (in consultation with the Chair of the National Capital

25 Planning Commission) shall conduct a technical survey of
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1 the metes and bounds of the District of Columbia and of

2 the territory described in section 112(b).

3 SEC. 112. DESCRIPTION OF DISTRICT OF COLUMBIA AFTER

4 ADMISSION OF STATE.

5 (a) IN GENERAL.—Subject to the succeeding provisions

6 of this section, after the admission of the State into the

7 Union, the District of Columbia shall consist of the property

8 described in subsection (b) and shall include the principal

9 Federal monuments, the White House, the Capitol Building,

10 the United States Supreme Court Building, and the Federal

11 executive, legislative, and judicial office buildings located

12 adjacent to the Mall and the Capitol Building.

13 (b) SPECIFIC DESCRIPTION OF METES AND

14 BOUNDS.—After the admission of the State into the Union,

15 the specific metes and bounds of the District of Columbia

16 shall be as follows:

17 Beginning at the point on the present Virginia18 District of Columbia boundary due west of the north19 ernmost point of Theodore Roosevelt Island and run20 ning due east of the eastern shore of the Potomac

21 River;

22 thence generally south along the shore at the

23 mean high water mark to the northwest corner of the

24 Kennedy Center;
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1 thence east along the north side of the Kennedy

2 Center to a point where it reaches the E Street Ex3 pressway;

4 thence east on the expressway to E Street North5 west and thence east on E Street Northwest to Eight6 eenth Street Northwest;

7 thence south on Eighteenth Street Northwest to

8 Constitution Avenue Northwest;

9 thence east on Constitution Avenue to Seven10 teenth Street Northwest;

11 thence north on Seventeenth Street Northwest to

12 Pennsylvania Avenue Northwest;

13 thence east on Pennsylvania Avenue to Jackson

14 Place Northwest;

15 thence north on Jackson Place to H Street

16 Northwest;

17 thence east on H Street Northwest to Madison

18 Place Northwest;

19 thence south on Madison Place Northwest to

20 Pennsylvania Avenue Northwest;

21 thence east on Pennsylvania Avenue Northwest

22 to Fifteenth Street Northwest;

23 thence south on Fifteenth Street Northwest to

24 Pennsylvania Avenue Northwest;
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1 thence southeast on Pennsylvania Avenue North2 west to John Marshall Place Northwest;

3 thence north on John Marshall Place Northwest

4 to C Street Northwest;

5 thence east on C Street Northwest to Third Street

6 Northwest;

7 thence north on Third Street Northwest to D

8 Street Northwest;

9 thence east on D Street Northwest to Second

10 Street Northwest;

11 thence south on Second Street Northwest to the

12 intersection of Constitution Avenue Northwest and

13 Louisiana Avenue Northwest;

14 thence northeast on Louisiana Avenue Northwest

15 to North Capitol Street;

16 thence north on North Capitol Street to Massa17 chusetts Avenue Northwest;

18 thence southeast on Massachusetts Avenue North19 west so as to encompass Union Square;

20 thence following Union Square to F Street

21 Northeast;

22 thence east on F Street Northeast to Second

23 Street Northeast;

24 thence south on Second Street Northeast to D

25 Street Northeast;
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1 thence west on D Street Northeast to First Street

2 Northeast;

3 thence south on First Street Northeast to Mary4 land Avenue Northeast;

5 thence generally north and east on Maryland Av6 enue to Second Street Northeast;

7 thence south on Second Street Northeast to C

8 Street Southeast;

9 thence west on C Street Southeast to New Jersey

10 Avenue Southeast;

11 thence south on New Jersey Avenue Southeast to

12 D Street Southeast;

13 thence west on D Street Southeast to Washington

14 Avenue Southwest;

15 thence southeast on Washington Avenue South16 west to E Street Southeast;

17 thence west on E Street Southeast to the intersec18 tion of Washington Avenue Southwest and South

19 Capitol Street;

20 thence northwest on Washington Avenue South21 west to Second Street Southwest;

22 thence south on Second Street Southwest to Vir23 ginia Avenue Southwest;

24 thence generally west on Virginia Avenue to

25 Third Street Southwest;
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1 thence north on Third Street Southwest to C

2 Street Southwest;

3 thence west on C Street Southwest to Sixth

4 Street Southwest;

5 thence north on Sixth Street Southwest to Inde6 pendence Avenue;

7 thence west on Independence Avenue to Twelfth

8 Street Southwest;

9 thence south on Twelfth Street Southwest to D

10 Street Southwest;

11 thence west on D Street Southwest to Fourteenth

12 Street Southwest;

13 thence south on Fourteenth Street Southwest to

14 the middle of the Washington Channel;

15 thence generally south and east along the

16 midchannel of the Washington Channel to a point due

17 west of the northern boundary line of Fort Lesley

18 McNair;

19 thence due east to the side of the Washington

20 Channel;

21 thence following generally south and east along

22 the side of the Washington Channel at the mean high

23 water mark, to the point of confluence with the Ana24 costia River, and along the northern shore at the
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1 mean high water mark to the northernmost point of

2 the Eleventh Street Bridge;

3 thence generally south and east along the north4 ern side of the Eleventh Street Bridge to the eastern

5 shore of the Anacostia River;

6 thence generally south and west along such shore

7 at the mean high water mark to the point of con8 fluence of the Anacostia and Potomac Rivers;

9 thence generally south along the eastern shore at

10 the mean high water mark of the Potomac River to

11 the point where it meets the present southeastern

12 boundary line of the District of Columbia;

13 thence south and west along such southeastern

14 boundary line to the point where it meets the present

15 Virginia-District of Columbia boundary; and

16 thence generally north and west up the Potomac

17 River along the present Virginia-District of Columbia

18 boundary to the point of beginning.

19 (c) TREATMENT OF CERTAIN PROPERTY.—

20 (1) STREETS AND SIDEWALKS BOUNDING

21 AREA.—After the admission of the State into the

22 Union, the District of Columbia shall be deemed to

23 include any street (together with any sidewalk there24 of) bounding the District of Columbia.
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1 (2) EXCLUSION OF DISTRICT BUILDING.—Not2 withstanding any other provision of this section, the

3 District of Columbia shall not be considered to in4 clude the District Building after the admission of the

5 State into the Union.

6 (3) INCLUSION OF CERTAIN MILITARY PROP7 ERTY.—After the admission of the State into the

8 Union, the District of Columbia shall be deemed to

9 include Fort Lesley McNair, the Washington Navy

10 Yard, the Anacostia Naval Annex, the United States

11 Naval Station, Bolling Air Force Base, and the Naval

12 Research Laboratory.

13 SEC. 113. CONTINUATION OF TITLE TO LANDS AND PROP14 ERTY.

15 (a) CONTINUATION OF TITLE TO LANDS OF DISTRICT

16 OF COLUMBIA.—

17 (1) IN GENERAL.—The State and its political

18 subdivisions shall have and retain title or jurisdiction

19 for purposes of administration and maintenance to

20 all property, real and personal, with respect to which

21 title or jurisdiction for purposes of administration

22 and maintenance is held by the territory of the Dis23 trict of Columbia on the day before the State is ad24 mitted into the Union.
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1 (2) CONVEYANCE OF INTEREST IN CERTAIN

2 BRIDGES AND TUNNELS.—On the day before the State

3 is admitted into the Union, the District of Columbia

4 shall convey to the United States any and all interest

5 of the District of Columbia in any bridge or tunnel

6 that will connect the Commonwealth of Virginia with

7 the District of Columbia after the admission of the

8 State into the Union.

9 (b) CONTINUATION OF FEDERAL TITLE TO PROPERTY

10 IN STATE.—The United States shall have and retain title

11 or jurisdiction for purposes of administration and mainte12 nance to all property in the State with respect to which

13 the United States holds title or jurisdiction on the day be14 fore the State is admitted into the Union, including the sce15 nic easement taken by the Secretary of the Interior under

16 section 205.

17 Subtitle C—General Provisions

18 Relating to Laws of New Columbia

19 SEC. 121. LIMITATION ON AUTHORITY OF STATE TO TAX

20 FEDERAL PROPERTY.

21 The State may not impose any taxes upon any lands

22 or other property owned or acquired by the United States,

23 except to the extent as Congress may permit.
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1 SEC. 122. EFFECT OF ADMISSION OF STATE ON CURRENT

2 LAWS.

3 (a) IN GENERAL.—The admission of the State into the

4 Union shall not be construed to affect the applicability to

5 the State of any laws in effect in the District of Columbia

6 as of the date of admission, except as modified or changed

7 by this Act or by the State Constitution.

8 (b) TREATMENT OF FEDERAL LAWS.—All of the laws

9 of the United States shall have the same force and effect

10 within the State as elsewhere in the United States, except

11 as such laws may otherwise provide.

12 SEC. 123. CONTINUATION OF JUDICIAL PROCEEDINGS.

13 (a) PENDING PROCEEDINGS.—

14 (1) IN GENERAL.—No writ, action, indictment,

15 cause, or proceeding pending in any court of the Dis16 trict of Columbia or in the United States District

17 Court for the District of Columbia shall abate by rea18 son of the admission of the State into the Union, but

19 shall be transferred and shall proceed within such ap20 propriate State courts as shall be established under

21 the State Constitution, or shall continue in the

22 United States District Court for the District of Co23 lumbia, as the nature of the case may require.

24 (2) SUCCESSION OF COURTS.—The appropriate

25 courts of the State shall be the successors of the courts

26 of the District of Columbia as to all cases arising
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1 within the limits embraced within the jurisdiction of

2 such courts, with full power to proceed with such

3 cases, and award mesne or final process therein, and

4 all files, records, indictments, and proceedings relat5 ing to any such writ, action, indictment, cause, or

6 proceeding shall be transferred to such appropriate

7 State courts and shall be proceeded with therein in

8 due course of law.

9 (b) UNFILED PROCEEDINGS BASED ON ACTIONS

10 PRIOR TO ADMISSION.—All civil causes of action and all

11 criminal offenses which shall have arisen or been committed

12 prior to the admission of the State into the Union, but as

13 to which no writ, action, indictment, or proceeding shall

14 be pending at the date of such admission, shall be subject

15 to prosecution in the appropriate State courts or in the

16 United States District Court for the District of Columbia

17 in like manner, to the same extent, and with like right of

18 appellate review, as if the State had been admitted and such

19 State courts had been established prior to the accrual of

20 such causes of action or the commission of such offenses.

21 (c) MAINTENANCE OF RIGHTS TO AND JURISDICTION

22 OVER APPEALS.—

23 (1) CASES DECIDED PRIOR TO ADMISSION.—Par24 ties shall have the same rights of appeal from and ap25 pellate review of final decisions of the United States
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1 District Court for the District of Columbia or the Dis2 trict of Columbia Court of Appeals in any case fi3 nally decided prior to the admission of the State into

4 the Union, whether or not an appeal therefrom shall

5 have been perfected prior to such admission. The

6 United States Court of Appeals for the District of Co7 lumbia Circuit and the Supreme Court of the United

8 States shall have the same jurisdiction in such cases

9 as by law provided prior to the admission of the State

10 into the Union.

11 (2) CASES DECIDED AFTER ADMISSION.—Parties

12 shall have the same rights of appeal from and appel13 late review of all orders, judgments, and decrees of the

14 United States District Court for the District of Co15 lumbia and of the highest court of the State, as suc16 cessor to the District of Columbia Court of Appeals,

17 in any case pending at the time of admission of the

18 State into the Union, and the United States Court of

19 Appeals for the District of Columbia Circuit and the

20 Supreme Court of the United States shall have the

21 same jurisdiction therein, as by law provided in any

22 case arising subsequent to the admission of the State

23 into the Union.

24 (3) ISSUANCE OF SUBSEQUENT MANDATES.—Any

25 mandate issued subsequent to the admission of the
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1 State shall be to the United States District Court for

2 the District of Columbia or a court of the State, as

3 appropriate.

4 (d) CONFORMING AMENDMENTS RELATING TO FED5 ERAL COURTS.—Effective upon the admission of the State

6 into the Union—

7 (1) section 41 of title 28, United States Code, is

8 amended in the second column by inserting ‘‘, New

9 Columbia’’ after ‘‘District of Columbia’’; and

10 (2) the first paragraph of section 88 of title 28,

11 United States Code, is amended to read as follows:

12 ‘‘The District of Columbia and the State of New

13 Columbia comprise one judicial district.’’.

14 SEC. 124. UNITED STATES NATIONALITY.

15 No provision of this Act shall operate to confer United

16 States nationality, to terminate nationality lawfully ac17 quired, or to restore nationality terminated or lost under

18 any law of the United States or under any treaty to which

19 the United States is or was a party.
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1 TITLE II—RESPONSIBILITIES

2 AND INTERESTS OF FEDERAL

3 GOVERNMENT

4 SEC. 201. CONTINUATION OF REVISED DISTRICT OF COLUM5 BIA AS SEAT OF FEDERAL GOVERNMENT.

6 After the admission of the State into the Union, the

7 seat of the Government of the United States shall be the

8 District of Columbia as described in section 112 (also

9 known as ‘‘Washington, D.C.’’).

10 SEC. 202. TREATMENT OF MILITARY LANDS.

11 (a) RESERVATION OF FEDERAL AUTHORITY.—

12 (1) IN GENERAL.—Subject to paragraph (2) and

13 subsection (b) and notwithstanding the admission of

14 the State into the Union, authority is reserved in the

15 United States for the exercise by Congress of the

16 power of exclusive legislation in all cases whatsoever

17 over such tracts or parcels of land located within the

18 State that, immediately prior to the admission of the

19 State, are controlled or owned by the United States

20 and held for defense or Coast Guard purposes.

21 (2) LIMITATION ON AUTHORITY.—The power of

22 exclusive legislation described in paragraph (1) shall

23 vest and remain in the United States only so long as

24 the particular tract or parcel of land involved is con-
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1 trolled or owned by the United States and used for de2 fense or Coast Guard purposes.

3 (b) AUTHORITY OF STATE.—

4 (1) IN GENERAL.—The reservation of authority

5 in the United States for the exercise by the Congress

6 of the United States of the power of exclusive legisla7 tion over military lands under subsection (a) shall

8 not operate to prevent such lands from being a part

9 of the State, or to prevent the State from exercising

10 over or upon such lands, concurrently with the United

11 States, any jurisdiction which it would have in the

12 absence of such reservation of authority and which is

13 consistent with the laws hereafter enacted by Congress

14 pursuant to such reservation of authority.

15 (2) SERVICE OF PROCESS.—The State shall have

16 the right to serve civil or criminal process within

17 such tracts or parcels of land in which the authority

18 of the United States is reserved under subsection (a)

19 in suits or prosecutions for or on account of rights ac20 quired, obligations incurred, or crimes committed

21 within the State but outside of such tracts or parcels

22 of land.

23 SEC. 203. PAYMENT TO STATE IN LIEU OF TAX.

24 In order to compensate the State for unavailable tax

25 revenues and other effects on the revenues of the State result-
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1 ing from the significant presence of the Federal Government

2 within and nearby the State, the United States shall make

3 a payment to the State for each fiscal year in such amount

4 and under such schedule as Congress may determine (taking

5 into account the recommendations of the Statehood Transi6 tion Commission under section 303).

7 SEC. 204. WAIVER OF CLAIMS TO FEDERAL LANDS AND

8 PROPERTY.

9 (a) IN GENERAL.—As a compact with the United

10 States, the State and its people disclaim all right and title

11 to any lands or other property not granted or confirmed

12 to the State or its political subdivisions by or under the

13 authority of this Act, the right or title to which is held by

14 the United States or subject to disposition by the United

15 States.

16 (b) EFFECT ON CLAIMS AGAINST UNITED STATES.—

17 (1) IN GENERAL.—Nothing contained in this Act

18 shall recognize, deny, enlarge, impair, or otherwise af19 fect any claim against the United States, and any

20 such claim shall be governed by applicable laws of the

21 United States.

22 (2) RULE OF CONSTRUCTION.—Nothing in this

23 Act is intended or shall be construed as a finding, in24 terpretation, or construction by the Congress that any

25 applicable law authorizes, establishes, recognizes, or
25

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1 confirms the validity or invalidity of any claim re2 ferred to in paragraph (1), and the determination of

3 the applicability or effect of any law to any such

4 claim shall be unaffected by anything in this Act.

5 SEC. 205. PRESERVATION OF SCENIC VISTAS.

6 (a) SCENIC EASEMENT.—The Secretary of the Interior

7 shall take a scenic easement in the space above all lots with8 in the State (in accordance with such terms and procedures

9 as the Secretary of the Interior may establish, including

10 terms and procedures relating to the payment of compensa11 tion towards the value of the easement taken), and such sce12 nic easement shall be reserved by the United States. The

13 scenic easement is described as follows:

14 (1) GENERAL RULE.—Except as otherwise pro15 vided in this subsection, the scenic easement shall be

16 in all space above a lot beginning at a height equal

17 to the sum of—

18 (A) the width of the street, avenue, or high19 way in front of the lot; and

20 (B) 20 feet.

21 (2) PROPERTY ON COMMERCIAL STREET.—With

22 respect to a lot on a business street, avenue, or high23 way, the scenic easement shall be in all space above

24 the lot beginning at a height equal to 130 feet above

25 the sidewalk of the street, avenue, or highway (or, in
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1 the case of property on the north side of Pennsylvania

2 Avenue between 1st and 15th Streets Northwest, be3 ginning 160 feet above the sidewalk).

4 (3) PROPERTY ON RESIDENTIAL STREET.—With

5 respect to a lot on a residential street, avenue, or

6 highway, the scenic easement shall be in all space

7 above the lot beginning—

8 (A) in the case of a lot on a street, avenue,

9 or highway 60 feet wide or less, at a height equal

10 to the width of the street, avenue, or highway;

11 (B) in the case of a lot on a street, avenue,

12 or highway more than 60 feet but less than 65

13 feet wide, at a height equal to 60 feet; and

14 (C) in the case of a lot on any other street,

15 avenue, or highway, at a height equal to the

16 lower of—

17 (i) the width of the street, avenue, or

18 highway reduced by 10 feet, or

19 (ii) 90 feet.

20 (4) TREATMENT OF SPACE OVER CHURCHES.—

21 With respect to any lot on a residence street, avenue,

22 or highway upon which a church is located (other

23 than a church whose construction had not been under24 taken prior to June 1, 1910), the scenic easement

25 shall be in all space above the lot beginning at a
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1 height equal to 95 feet above the level of the adjacent

2 curb.

3 (5) TREATMENT OF PLAZA OF UNION STATION.—

4 With respect to any portion of any lot affronting or

5 abutting the plaza in front of Union Station upon

6 which a building is located (other than a building

7 erected prior to June 1, 1910), the scenic easement

8 shall be in all space above the lot beginning at a

9 height equal to 80 feet above the plaza.

10 (b) EFFECT OF SCENIC EASEMENT.—

11 (1) NO PHYSICAL STRUCTURES PERMITTED.—

12 Except as provided in paragraph (2), no person may

13 encroach upon any space in which the United States

14 has reserved a scenic easement pursuant to subsection

15 (a) with a physical structure.

16 (2) PERMISSIBLE ENCROACHMENT BY CERTAIN

17 STRUCTURES.—Notwithstanding paragraph (1), a

18 person may encroach upon a space in which the

19 United States has reserved a scenic easement pursu20 ant to subsection (a) with any of the following:

21 (A) A physical structure in existence on the

22 date on which the Secretary of the Interior takes

23 the easement.

24 (B) A spire, tower, dome, minaret, or pin25 nacle serving as an architectural embellishment.
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1 (C) A penthouse over an elevator shaft, ven2 tilation shaft, chimney, smokestack, or fire sprin3 kler tank, but only if—

4 (i) the structure is not used for human

5 occupancy; and

6 (ii) the structure is set back from the

7 exterior walls of the building upon which it

8 is located at a distance equal to its height

9 above the building’s roof.

10 (D) An antenna.

11 (E) Construction equipment.

12 (F) A flagpole.

13 (c) RULES FOR INTERPRETING HEIGHTS.—In deter14 mining the point at which a scenic easement in a lot begins

15 for purposes of subsection (a), the following rules shall

16 apply:

17 (1) Height shall be measured from the level of the

18 sidewalk opposite the middle of the front of the lot.

19 (2) Any height otherwise determined under such

20 subsection to be not greater than 60 feet may be in21 creased by the distance between the highest point of

22 any building located on the lot and the portion of any

23 parapet wall or balustrade of the building that ex24 tends over such highest point, but in no case may any
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1 height be increased pursuant to this paragraph by

2 more than 4 feet.

3 (3) If a lot (including a corner lot) fronts an

4 intersection of 2 or more streets, avenues, or high5 ways, a height shall be determined by using the width

6 of the widest street, avenue, or highway involved.

7 (4) In the case of a lot on a street less than 90

8 feet wide on which building lines have been estab9 lished, the width of the street shall be deemed to be the

10 distance between the lines.

11 (d) AUTHORITY OF STATE TO DESIGNATE STREETS.—

12 Nothing in this section shall be construed to affect the au13 thority of the State to designate streets, avenues, or high14 ways as commercial or residential.

15 (e) EFFECTIVE DATE.—The Secretary of the Interior

16 shall take the scenic easement described in this section on

17 the day before the State is admitted into the Union. The

18 scenic easement shall be reserved by the United States on

19 the date on which the State is admitted into the Union.

20 SEC. 206. PERMITTING INDIVIDUALS RESIDING IN NEW

21 SEAT OF GOVERNMENT TO VOTE IN FEDERAL

22 ELECTIONS IN STATE OF MOST RECENT

23 DOMICILE.

24 (a) REQUIREMENT FOR STATES TO PERMIT INDIVID25 UALS TO VOTE BY ABSENTEE BALLOT.—
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1 (1) IN GENERAL.—Each State shall—

2 (A) permit absent District of Columbia vot3 ers to use absentee registration procedures and to

4 vote by absentee ballot in general, special, pri5 mary, and runoff elections for Federal office; and

6 (B) accept and process, with respect to any

7 general, special, primary, or runoff election for

8 Federal office, any otherwise valid voter registra9 tion application from an absent District of Co10 lumbia voter, if the application is received by the

11 appropriate State election official not less than

12 30 days before the election.

13 (2) ABSENT DISTRICT OF COLUMBIA VOTER DE14 FINED.—In this section, the term ‘‘absent District of

15 Columbia voter’’ means, with respect to a State—

16 (A) a person who resides in the District of

17 Columbia after the admission of the State into

18 the Union and is qualified to vote in the State,

19 but only if the State is the last place in which

20 the person was domiciled before residing in the

21 District of Columbia; or

22 (B) a person who resides in the District of

23 Columbia after the admission of the State into

24 the Union and (but for such residence) would be

25 qualified to vote in the State, but only if the
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1 State is the last place in which the person was

2 domiciled before residing in the District of

3 Columbia.

4 (3) STATE DEFINED.—In this section, the term

5 ‘‘State’’ means each of the several States, including

6 the State of New Columbia.

7 (b) RECOMMENDATIONS TO STATES TO MAXIMIZE AC8 CESS TO POLLS BY ABSENT DISTRICT OF COLUMBIA VOT9 ERS.—To afford maximum access to the polls by absent Dis10 trict of Columbia voters, it is recommended that the

11 States—

12 (1) waive registration requirements for absent

13 District of Columbia voters who, by reason of resi14 dence in the District of Columbia, do not have an op15 portunity to register;

16 (2) expedite processing of balloting materials

17 with respect to such individuals; and

18 (3) assure that absentee ballots are mailed to

19 such individuals at the earliest opportunity.

20 (c) ENFORCEMENT.—The Attorney General may bring

21 a civil action in appropriate district court for such declara22 tory or injunctive relief as may be necessary to carry out

23 this section.

24 (d) EFFECT ON CERTAIN OTHER LAWS.—The exercise

25 of any right under this section shall not affect, for purposes
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1 of any Federal, State, or local tax, the residence or domicile

2 of a person exercising such right.

3 (e) EFFECTIVE DATE.—This section shall take effect

4 upon the date of the admission of the State into the Union,

5 and shall apply with respect to elections for Federal office

6 taking place on or after such date.

7 SEC. 207. REPEAL OF LAW PROVIDING FOR PARTICIPATION

8 OF DISTRICT OF COLUMBIA IN ELECTION OF

9 PRESIDENT AND VICE-PRESIDENT.

10 (a) IN GENERAL.—Title 3, United States Code, is

11 amended by striking section 21.

12 (b) EFFECTIVE DATE.—The amendment made by sub13 section (a) shall take effect upon the date of the admission

14 of the State into the Union, and shall apply to any election

15 of the President and Vice-President of the United States

16 taking place on or after such date.

17 SEC. 208. EXPEDITED CONSIDERATION OF CONSTITU18 TIONAL AMENDMENT.

19 (a) EXERCISE OF RULEMAKING AUTHORITY.—This

20 section is enacted by Congress—

21 (1) as an exercise of the rulemaking power of the

22 Senate and the House of Representatives, respectively,

23 and as such these provisions are deemed a part of the

24 rule of each House, respectively, but applicable only

25 with respect to the procedure to be followed in that
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1 House in the case of a joint resolution described in

2 subsection (b), and they supersede other rules only to

3 the extent that they are inconsistent therewith; and

4 (2) with full recognition of the constitutional

5 right of either House to change the rule (so far as re6 lating to the procedure of that House) at any time,

7 in the same manner and to the same extent as in the

8 case of any other rule of that House.

9 (b) EXPEDITED CONSIDERATION OF REPEAL OF 23RD

10 AMENDMENT.—

11 (1) MOTION MADE IN ORDER.—At any time after

12 the date of the enactment of this Act, it shall be in

13 order in either the House of Representatives or the

14 Senate to offer a motion to proceed to the consider15 ation of a joint resolution proposing an amendment

16 to the Constitution of the United States repealing the

17 23rd article of amendment to the Constitution.

18 (2) PROCEDURES RELATING TO MOTION.—With

19 respect to the motion described in paragraph (1), the

20 following rules shall apply:

21 (A) The motion is highly privileged and is

22 not debatable.

23 (B) An amendment to the motion is not in

24 order, and it is not in order to move to recon-
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1 sider the vote by which the motion is agreed to

2 or disagreed to.

3 (C) A motion to postpone shall be decided

4 without debate.

5 TITLE III—GENERAL

6 PROVISIONS

7 SEC. 301. GENERAL DEFINITIONS.

8 In this Act, the following definitions shall apply:

9 (1) The term ‘‘Commission’’ means the Statehood

10 Transition Commission established under section 303.

11 (2) The term ‘‘Council’’ means the Council of the

12 District of Columbia.

13 (3) The term ‘‘Governor’’ means the Governor of

14 the State of New Columbia.

15 (4) The term ‘‘Mayor’’ means the Mayor of the

16 District of Columbia.

17 (5) The term ‘‘State Constitution’’ means the

18 constitution of the State of New Columbia, as adopted

19 by the Council of the District of Columbia in the Con20 stitution for the State of New Columbia Approval Act

21 of 1987 (D.C. Law 7–8).

22 (6) The term ‘‘State’’ means the State of New

23 Columbia.
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1 SEC. 302. CERTIFICATION OF ENACTMENT BY PRESIDENT.

2 Not more than 60 days after the date of enactment of

3 this Act, the President shall certify such enactment to the

4 Mayor of the District of Columbia.

5 SEC. 303. STATEHOOD TRANSITION COMMISSION.

6 (a) ESTABLISHMENT.—There is hereby established a

7 Statehood Transition Commission.

8 (b) COMPOSITION.—The Commission shall be composed

9 of 17 members appointed as follows:

10 (1) 3 members appointed by the President.

11 (2) 2 members appointed by the Speaker of the

12 House.

13 (3) 2 members appointed by the Minority Leader

14 of the House of Representatives.

15 (4) 2 members appointed by the President Pro

16 Tempore of the Senate.

17 (5) 2 members appointed by the Minority Leader

18 of the Senate.

19 (6) 3 members appointed by the Mayor of the

20 District of Columbia.

21 (7) 3 members appointed by the Council of the

22 District of Columbia.

23 (c) DUTIES.—

24 (1) IN GENERAL.—The Commission shall advise

25 the President, the Congress, the Mayor (or, upon the

26 admission of the State into the Union, the Governor),
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1 and the Council (or, upon the admission of the State

2 into the Union, the House of Delegates for the State

3 of New Columbia) concerning necessary procedures to

4 effect an orderly transition to statehood for the Dis5 trict of Columbia and other matters relating to the

6 assumption of the property, functions, and activities

7 of the District of Columbia by the State during the

8 first 2 years of the State’s existence.

9 (2) RECOMMENDATIONS REGARDING APPLICABIL10 ITY OF LAWS TO NEW SEAT OF GOVERNMENT.—In

11 carrying out its duties under paragraph (1), the

12 Commission shall analyze the laws of the United

13 States that will apply to the District of Columbia

14 after the admission of the State into the Union, and

15 shall make recommendations to Congress regarding

16 whether any of these laws should continue to apply to

17 the District of Columbia after the admission of the

18 State.

19 (3) RECOMMENDATIONS REGARDING ANNUAL

20 PAYMENT IN LIEU OF TAX.—In addition to any of its

21 other duties under paragraph (1), not later than 1

22 year after the date of the enactment of this Act, the

23 Commission shall develop and recommend to Congress

24 a methodology for determining the amount of and

25 schedule for the annual payment to the State required
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1 under section 203, and shall base such methodology

2 upon the methodologies used to determine the amount

3 of other payments in lieu of taxes made by the United

4 States to States and units of local government as

5 compensation for the presence of Federal property

6 which may not be taxed by such States and units of

7 local government.

8 (4) RECOMMENDATIONS REGARDING LORTON

9 CORRECTIONAL COMPLEX.—In addition to any of its

10 other duties under paragraph (1), not later than 2

11 years after the date of the enactment of this Act, the

12 Commission shall identify and recommend options to

13 Congress, the Mayor of the District of Columbia (or,

14 if the options are recommended after the admission of

15 the State into the Union, the Governor of the State),

16 and the Governor of Virginia regarding the incarcer17 ation of individuals convicted of crimes in the State,

18 including options relating to—

19 (A) the construction of additional prison fa20 cilities within the State;

21 (B) agreements between the State and the

22 Commonwealth of Virginia with respect to the

23 Lorton Correctional Complex, or agreements

24 with other jurisdictions under which such indi-
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1 viduals may be incarcerated at facilities located

2 in such other jurisdictions; and

3 (C) the development of a comprehensive

4 plan for closing the Lorton Correctional Complex

5 by 2010 and relocating inmates to other

6 facilities.

7 (d) REPORTS.—The Commission shall submit such re8 ports as the Commission considers appropriate or as may

9 be requested.

10 (e) TERMINATION.—The Commission shall cease to

11 exist 2 years after the date of the admission of the State

12 into the Union.

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