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103D CONGRESS

1ST SESSION H. R. 51

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

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.

4 This Act may be cited as the ‘‘New Columbia Admis5 sion Act’’.

6 SEC. 2. ADMISSION INTO THE UNION.

7 Subject to the provisions of this Act, and upon issu8 ance of the proclamation required by section 7(d)(1) of

9 this Act, the State of New Columbia (hereinafter referred

10 to as ‘‘the State’’) is declared to be a State of the United

11 States of America, is declared admitted into the Union
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1 on an equal footing with the other States in all respects

2 whatever, and the constitution adopted by the Council of

3 the District of Columbia in the Constitution for the State

4 of New Columbia Approval Act of 1987 (D.C. Law 7–8),

5 subject to ratification by a majority of the registered quali6 fied electors of the District of Columbia, is found to be

7 republican in form and in conformity with the Constitu8 tion of the United States and the principles of the Dec9 laration of Independence and is accepted, ratified, and

10 confirmed.

11 SEC. 3. CONSTITUTION.

12 The constitution of the State of New Columbia shall

13 always be republican in form and shall not be repugnant

14 to the Constitution of the United States and the principles

15 of the Declaration of Independence.

16 SEC. 4. TERRITORIES AND BOUNDARIES.

17 (a) Subject to the provisions of this section, the State

18 of New Columbia shall consist of all of the territory, to19 gether with the territorial waters, of the District of Colum20 bia. The State of New Columbia shall not include the Na21 tional Capital Service Area of the District of Columbia,

22 which is described in subsection (b). As of the date of ad23 mission of New Columbia into the Union, the District of

24 Columbia shall consist of the National Capital Service

25 Area.
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1 (b) The National Capital Service Area, subject to the

2 provisions of section 16, is comprised of the principal Fed3 eral monuments, the White House, the Capitol Building,

4 the United States Supreme Court Building, and the Fed5 eral executive, legislative, and judicial office buildings lo6 cated adjacent to the Mall and the Capitol Building.

7 (c) Notwithstanding any other provision of this sec8 tion or of section 16, the boundaries of the State of New

9 Columbia shall include the District Building.

10 SEC. 5. COMPACT WITH UNITED STATES; CLAIMS TO FED11 ERAL LANDS AND PROPERTY.

12 (a) As a compact with the United States, the State

13 and its people disclaim all right and title to any lands or

14 other property not granted or confirmed to the State or

15 its political subdivisions by or under the authority of this

16 Act, the right or title to which is held by the United States

17 or subject to disposition by the United States.

18 (b)(1) Nothing contained in this Act shall recognize,

19 deny, enlarge, impair, or otherwise affect any claim

20 against the United States, and any such claim shall be

21 governed by applicable laws of the United States.

22 (2) Nothing in this Act is intended or shall be con23 strued as a finding, interpretation, or construction by the

24 Congress that any applicable law authorizes, establishes,

25 recognizes, or confirms the validity or invalidity of any
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1 such claim, and the determination of the applicability or

2 effect of any law to any such claim shall be unaffected

3 by anything in this Act.

4 (c) No taxes shall be imposed by the State upon any

5 lands or other property now owned or hereafter acquired

6 by the United States, except to the extent as Congress

7 may permit.

8 (d)(1) Upon the admission of the State of New Co9 lumbia into the Union, the annual Federal payment au10 thorized to be appropriated to the District of Columbia

11 shall be authorized to be appropriated to the State of New

12 Columbia. Nothing in this Act is intended to alter the

13 basis for the Federal payment to the District of Columbia

14 or the State of New Columbia.

15 (2) Not later than 7 months before the beginning of

16 each fiscal year, the Governor shall submit a report to

17 Congress on the effects of the presence of the seat of the

18 Federal Government within or adjacent to the State on

19 the revenues and expenditures of the State, and shall in20 clude in the report information relating to—

21 (A) services rendered to the Federal Govern22 ment and services rendered because of the State’s

23 proximity to the seat of the Federal Government,

24 and the cost to the State of providing such services;
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1 (B) potential revenues lost because of the pres2 ence of the Federal Government within or adjacent

3 to the State, including Federally-imposed height or

4 other restrictions on buildings located within the

5 State and revenues not obtainable because of a lack

6 of taxable property and business income within the

7 State; and

8 (C) potential revenues gained because of the

9 presence of the Federal Government within or adja10 cent to the State.

11 (3) At the time the Governor submits the report de12 scribed in paragraph (2) to Congress, the Governor shall

13 submit copies of the report to the Directors of the Con14 gressional Budget Office and the Office of Management

15 and Budget, who shall submit reports to Congress analyz16 ing the Governor’s report not later than 30 days after re17 ceiving copies of the report.

18 (e) The State may not change any provision of its

19 Constitution concerning height limitations on buildings

20 without the consent of Congress.

21 (f) Nothing in this Act or the Constitution or laws

22 of the State may be construed to permit the State to

23 refuse to allow an individual to serve as a qualified reg24 istered elector of the State solely because the individual

25 resides in the National Capital Service Area.
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1 SEC. 6. STATE TITLE TO LANDS AND PROPERTY.

2 (a) The State of New Columbia and its political sub3 divisions shall have and retain title or jurisdiction for pur4 poses of administration and maintenance to all property,

5 real and personal, with respect to which title or jurisdic6 tion for purposes of administration and maintenance is

7 held by the territory of the District of Columbia as of the

8 date of the enactment of this Act.

9 (b) All laws of the United States reserving to the

10 United States the free use or enjoyment of property which

11 vests in or is conveyed to the State of New Columbia or

12 its political subdivisions pursuant to this section or reserv13 ing the right to alter, amend, or repeal laws relating there14 to shall cease to be effective upon the admission of the

15 State of New Columbia into the Union.

16 SEC. 7. ELECTIONS.

17 (a)(1) Not more than sixty days after the date of en18 actment of this Act, the President of the United States

19 shall certify such enactment to the Mayor of the District

20 of Columbia. Not more than thirty days after such certifi21 cation the Mayor of the District of Columbia shall issue

22 a proclamation for the elections, subject to the provisions

23 of this Act, for officers of all State elective offices provided

24 for by the constitution of the proposed State of New Co25 lumbia and for two Senators and one Representative in

26 Congress.
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1 (2) In the first election of Senators from the State

2 (pursuant to paragraph (1)) the two senatorial offices

3 shall be separately identified and designated, and no per4 son may be a candidate for both offices. No such identi5 fication or designation of either of the two senatorial of6 fices shall refer to or be taken to refer to the terms of

7 such offices, or in any way impair the privilege of the Sen8 ate to determine the class to which each of the Senators

9 elected shall be assigned.

10 (b) The proclamation of the Mayor of the District of

11 Columbia required by subsection (a) shall provide for the

12 holding of a primary election and a general election and

13 at such elections the officers required to be elected as pro14 vided in subsection (a) shall be chosen by the people. Such

15 elections shall be held, and the qualifications of voters

16 shall be, as prescribed by the constitution of the proposed

17 State of New Columbia for the election of members of the

18 proposed State legislature. Election returns shall be made

19 and certified in such manner as the constitution of the

20 proposed State of New Columbia may prescribe. The

21 Mayor of the District of Columbia shall certify the results

22 of such elections to the President of the United States.

23 (c)(1) At an election designated by proclamation of

24 the Mayor of the District of Columbia, which may be the

25 primary or the general election held pursuant to sub-
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1 section (b), a territorial general election, or a special elec2 tion, there shall be submitted to the electors qualified to

3 vote in such election, for adoption or rejection, the follow4 ing propositions:

5 (A) New Columbia shall immediately be admit6 ted into the Union as a State.

7 (B) The boundaries of the State of New Colum8 bia shall be as prescribed in the New Columbia Ad9 mission Act and all claims of the State to any areas

10 of land or sea outside the boundaries so prescribed

11 are hereby irrevocably relinquished to the United

12 States.

13 (C) All provisions of the New Columbia Admis14 sion Act, including provisions reserving rights or

15 powers to the United States and provisions prescrib16 ing the terms or conditions of the grants of lands or

17 other property made to the State of New Columbia,

18 are consented to fully by the State and its people.

19 (2) In the event the propositions under paragraph (1)

20 are adopted in such election by a majority of the legal

21 votes cast on such submission, the proposed constitution

22 of the proposed State of New Columbia, adopted by the

23 Council of the District of Columbia in the Constitution

24 for the State of New Columbia Approval Act of 1987

25 (D.C. Law 7–8), shall be deemed amended accordingly.
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1 (3) In the event any one of the propositions under

2 paragraph (1) is not adopted at such election by a major3 ity of the legal votes cast on such submission, the provi4 sions of this Act shall cease to be effective.

5 (4) The Mayor of the District of Columbia is author6 ized and directed to take such action as may be necessary

7 or appropriate to ensure the submission of such propo8 sitions to the people. The return of the votes cast on such

9 propositions shall be made by the election officers directly

10 to the Board of Elections of the District of Columbia,

11 which shall certify the results of the submission to the

12 Mayor. The Mayor shall certify the results of such submis13 sion to the President of the United States.

14 (d)(1) If the President finds that the propositions set

15 forth in subsection (c)(1) have been duly adopted by the

16 people of New Columbia, the President, upon certification

17 of the returns of the election of the officers required to

18 be elected as provided in subsection (a), shall issue a proc19 lamation announcing the results of such election as so

20 ascertained. Upon the issuance of such proclamation by

21 the President, the State of New Columbia shall be deemed

22 admitted into the Union as provided in section 2 of this

23 Act.

24 (2) Until the State of New Columbia is admitted into

25 the Union, individuals holding legislative, executive, and
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1 judicial offices of the District of Columbia, including the

2 Delegate in Congress from the District of Columbia, shall

3 continue to discharge the duties of their respective offices.

4 Upon the issuance of such proclamation by the President

5 of the United States and the admission of the State of

6 New Columbia into the Union, the officers elected at such

7 election, and qualified under the provisions of the constitu8 tion and laws of such State, shall proceed to exercise all

9 the functions pertaining to their offices in, under, or by

10 authority of the government of such State, and offices not

11 required to be elected at such initial election shall be se12 lected or continued in office as provided by the constitu13 tion and laws of such State. The Governor of such State

14 shall certify the election of the Senators and Representa15 tive in the manner required by law, and the Senators and

16 Representative shall be entitled to be admitted to seats

17 in Congress and to all the rights and privileges of Senators

18 and Representatives of other States in the Congress of the

19 United States.

20 SEC. 8. HOUSE OF REPRESENTATIVES MEMBERSHIP.

21 The State of New Columbia upon its admission into

22 the Union shall be entitled to one Representative until the

23 taking effect of the next reapportionment, and such Rep24 resentative shall be in addition to the membership of the

25 House of Representatives as now prescribed by law, except
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1 that such temporary increase in the membership shall not

2 operate to either increase or decrease the permanent mem3 bership of the House of Representatives or affect the basis

4 of apportionment for the Congress.

5 SEC. 9. LAWS IN EFFECT.

6 Upon admission of the State of New Columbia into

7 the Union, all of the territorial laws then in force in the

8 Territory of the District of Columbia shall be and continue

9 in force and effect throughout the State, except as modi10 fied or changed by this Act, or by the Constitution of the

11 State, or as thereafter modified or changed by the legisla12 ture of the State. All of the laws of the United States

13 shall have the same force and effect within the State as

14 elsewhere in the United States.

15 SEC. 10. CONTINUATION OF SUITS.

16 (a) No writ, action, indictment, cause, or proceeding

17 pending in any court of the District of Columbia or in

18 the United States District Court for the District of Colum19 bia shall abate by reason of the admission of the State

20 of New Columbia into the Union, but shall be transferred

21 and shall proceed within such appropriate State courts as

22 shall be established under the constitution of the State,

23 or shall continue in the United States District Court for

24 the District of Columbia, as the nature of the case may

25 require. And no writ, action, indictment, cause, or pro-
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1 ceeding shall abate by reason of any change in the courts,

2 but shall proceed within the State or United States courts

3 according to the laws thereof, respectively. The appro4 priate State courts shall be the successors of the courts

5 of the District of Columbia as to all cases arising within

6 the limits embraced within the jurisdiction of such courts,

7 respectively, with full power to proceed with such cases,

8 and award mesne or final process therein, and all files,

9 records, indictments, and proceedings relating to any such

10 writ, action, indictment, cause, or proceeding shall be

11 transferred to such appropriate State courts and shall be

12 proceeded with therein in due course of law.

13 (b) All civil causes of action and all criminal offenses

14 which shall have arisen or been committed prior to the

15 admission of the State, but as to which no writ, action,

16 indictment, or proceeding shall be pending at the date of

17 such admission, shall be subject to prosecution in the ap18 propriate State courts or in the United States District

19 Court for the District of Columbia in like manner, to the

20 same extent, and with like right of appellate review, as

21 if such State had been created and such State courts had

22 been established prior to the accrual of such causes of ac23 tion or the commission of such offenses. The admission

24 of the State shall effect no change in the substantive or

25 criminal law governing causes of action and criminal of-
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1 fenses which shall have arisen or been committed, and any

2 such criminal offenses as shall have been committed

3 against the laws of the District of Columbia shall be tried

4 and punished by the appropriate courts of the State, and

5 any such criminal offenses as shall have been committed

6 against the laws of the United States shall be tried and

7 punished in the United States District Court for the Dis8 trict of Columbia.

9 SEC. 11. APPEALS.

10 Parties shall have the same rights of appeal from and

11 appellate review of final decisions of the United States

12 District Court for the District of Columbia or the District

13 of Columbia Court of Appeals in any case finally decided

14 prior to the admission of the State of New Columbia into

15 the Union, whether or not an appeal therefrom shall have

16 been perfected prior to such admission. The United States

17 Court of Appeals for the District of Columbia Circuit and

18 the Supreme Court of the United States shall have the

19 same jurisdiction in such cases as by law provided prior

20 to the admission of the State into the Union. Any mandate

21 issued subsequent to the admission of the State shall be

22 to the United States District Court for the District of Co23 lumbia or a court of the State, as appropriate. Parties

24 shall have the same rights of appeal from and appellate

25 review of all orders, judgments, and decrees of the United
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1 States District Court for the District of Columbia and of

2 the highest court of the State of New Columbia, as succes3 sor to the District of Columbia Court of Appeals, in any

4 case pending at the time of admission of the State into

5 the Union, and the United States Court of Appeals for

6 the District of Columbia Circuit and the Supreme Court

7 of the United States shall have the same jurisdiction

8 therein, as by law provided in any case arising subsequent

9 to the admission of the State into the Union.

10 SEC. 12. JUDICIAL AND CRIMINAL PROVISIONS.

11 Effective upon the admission of New Columbia into

12 the Union—

13 (1) Section 41 of title 28, United States Code

14 is amended in the second column by inserting ‘‘,

15 New Columbia’’ after ‘‘District of Columbia’’.

16 (2) The first paragraph of section 88 of title

17 28, United States Code, is amended to read as fol18 lows:

19 ‘‘The District of Columbia and the State of New Co20 lumbia comprise one judicial district.’’.

21 SEC. 13. MILITARY LANDS.

22 (a) Subject to subsection (b) and notwithstanding the

23 admission of the State of New Columbia into the Union,

24 authority is reserved in the United States for the exercise

25 by the Congress of the United States of the power of ex-
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1 clusive legislation, as provided by article I, section 8,

2 clause 17, of the Constitution of the United States, in all

3 cases whatsoever over such tracts or parcels of land lo4 cated within the State of New Columbia that, immediately

5 prior to the admission of the State, are controlled or

6 owned by the United States and held for defense or Coast

7 Guard purposes.

8 (b)(1) The State of New Columbia shall always have

9 the right to serve civil or criminal process within such

10 tracts or parcels of land in suits or prosecutions for or

11 on account of rights acquired, obligations incurred, or

12 crimes committed within the State but outside of such

13 tracts or parcels of land.

14 (2) The reservation of authority in the United States

15 for the exercise by the Congress of the United States of

16 the power of exclusive legislation over such lands shall not

17 operate to prevent such lands from being a part of the

18 State of New Columbia, or to prevent the State from exer19 cising over or upon such lands, concurrently with the Unit20 ed States, any jurisdiction which it would have in the ab21 sence of such reservation of authority and which is consist22 ent with the laws hereafter enacted by the Congress pursu23 ant to such reservation of authority.

24 (3) The power of exclusive legislation shall vest and

25 remain in the United States only so long as the particular
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1 tract or parcel of land involved is controlled or owned by

2 the United States and used for defense or Coast Guard

3 purposes, except that the United States shall continue to

4 have sole and exclusive jurisdiction over such military in5 stallations as have been or may be determined to be criti6 cal areas as delineated by the President of the United

7 States or the Secretary of Defense.

8 SEC. 14. UNITED STATES NATIONALITY.

9 No provision of this Act shall operate to confer Unit10 ed States nationality, to terminate nationality lawfully ac11 quired, or to restore nationality terminated or lost under

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

13 the United States is or was a party.

14 SEC. 15. RELATIONSHIP TO OTHER LAWS.

15 No law or regulation which is in force on the effective

16 date of this Act shall be deemed amended or repealed by

17 this Act except to the extent specifically provided herein

18 or to the extent that such law or regulation is inconsistent

19 with this Act.

20 SEC. 16. NATIONAL CAPITAL SERVICE AREA.

21 (a) The National Capital Service Area referred to in

22 section 4 is more particularly described as follows:

23 Beginning at the point on the present Virginia24 District of Columbia boundary due west of the

25 northernmost point of Theodore Roosevelt Island
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1 and running due east of the eastern shore of the Po2 tomac River;

3 thence generally south along the shore at the

4 mean high water mark to the northwest corner of

5 the Kennedy Center;

6 thence east along the north side of the Kennedy

7 Center to a point where it reaches the E Street Ex8 pressway;

9 thence east on the expressway to E Street

10 Northwest and thence east on E Street Northwest to

11 Eighteenth Street Northwest;

12 thence south on Eighteenth Street Northwest to

13 Constitution Avenue Northwest;

14 thence east on Constitution Avenue to Seven15 teenth Street Northwest;

16 thence north on Seventeenth Street Northwest

17 to Pennsylvania Avenue Northwest;

18 thence east on Pennsylvania Avenue to Jackson

19 Place Northwest;

20 thence north on Jackson Place to H Street

21 Northwest;

22 thence east on H Street Northwest to Madison

23 Place Northwest;

24 thence south on Madison Place Northwest to

25 Pennsylvania Avenue Northwest;
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1 thence east on Pennsylvania Avenue Northwest

2 to Fifteenth Street Northwest;

3 thence south on Fifteenth Street Northwest to

4 Pennsylvania Avenue Northwest;

5 thence southeast on Pennsylvania Avenue

6 Northwest to John Marshall Place Northwest;

7 thence north on John Marshall Place Northwest

8 to C Street Northwest;

9 thence east on C Street Northwest to Third

10 Street Northwest;

11 thence north on Third Street Northwest to D

12 Street Northwest;

13 thence east on D Street Northwest to Second

14 Street Northwest;

15 thence south on Second Street Northwest to the

16 intersection of Constitution Avenue Northwest and

17 Louisiana Avenue Northwest;

18 thence northeast on Louisiana Avenue North19 west to North Capitol Street;

20 thence north on North Capitol Street to Massa21 chusetts Avenue Northwest;

22 thence southeast on Massachusetts Avenue

23 Northwest so as to encompass Union Square;

24 thence following Union Square to F Street

25 Northeast;
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1 thence east on F Street Northeast to Second

2 Street Northeast;

3 thence south on Second Street Northeast to D

4 Street Northeast;

5 thence west on D Street Northeast to First

6 Street Northeast;

7 thence south on First Street Northeast to

8 Maryland Avenue Northeast;

9 thence generally north and east on Maryland

10 Avenue to Second Street Northeast;

11 thence south on Second Street Northeast to C

12 Street Southeast;

13 thence west on C Street Southeast to New Jer14 sey Avenue Southeast;

15 thence south on New Jersey Avenue Southeast

16 to D Street Southeast;

17 thence west on D Street Southeast to Washing18 ton Avenue Southwest;

19 thence southeast on Washington Avenue South20 west to E Street Southeast;

21 thence west on E Street Southeast to the inter22 section of Washington Avenue Southwest and South

23 Capitol Street;

24 thence northwest on Washington Avenue South25 west to Second Street Southwest;
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1 thence south on Second Street Southwest to

2 Virginia Avenue Southwest;

3 thence generally west on Virginia Avenue to

4 Third Street Southwest;

5 thence north on Third Street Southwest to C

6 Street Southwest;

7 thence west on C Street Southwest to Sixth

8 Street Southwest;

9 thence north on Sixth Street Southwest to Inde10 pendence Avenue;

11 thence west on Independence Avenue to Twelfth

12 Street Southwest;

13 thence south on Twelfth Street Southwest to D

14 Street Southwest;

15 thence west on D Street Southwest to Four16 teenth Street Southwest;

17 thence south on Fourteenth Street Southwest to

18 the middle of the Washington Channel;

19 thence generally south and east along the

20 midchannel of the Washington Channel to a point

21 due west of the northern boundary line of Fort Les22 ley McNair;

23 thence due east to the side of the Washington

24 Channel;
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1 thence following generally south and east along

2 the side of the Washington Channel at the mean

3 high water mark, to the point of confluence with the

4 Anacostia River, and along the northern shore at the

5 mean high water mark to the northernmost point of

6 the Eleventh Street Bridge;

7 thence generally south and east along the

8 northern side of the Eleventh Street Bridge to the

9 eastern shore of the Anacostia River;

10 thence generally south and west along such

11 shore at the mean high water mark to the point of

12 confluence of the Anacostia and Potomac Rivers;

13 thence generally south along the eastern shore

14 at the mean high water mark of the Potomac River

15 to the point where it meets the present southeastern

16 boundary line of the District of Columbia;

17 thence south and west along such southeastern

18 boundary line to the point where it meets the

19 present Virginia-District of Columbia boundary; and

20 thence generally north and west up the Poto21 mac River along the Virginia-District of Columbia

22 boundary to the point of beginning.

23 (b) Where the area in subsection (a) is bounded by

24 any street, such street, and any sidewalk thereof, shall be

25 included within such area.
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1 (c)(1) Any Federal real property affronting or abut2 ting, as of the date of the enactment of this Act, the area

3 described in subsection (a) shall be deemed to be within

4 such area.

5 (2) For the purposes of paragraph (1) Federal real

6 property affronting or abutting such area described in

7 subsection (a) shall—

8 (A) be deemed to include, but not limited to,

9 Fort Lesley McNair, the Washington Navy Yard,

10 the Anacostia Naval Annex, the United States Naval

11 Station, Bolling Air Force Base, and the Naval Re12 search Laboratory; and

13 (B) not be construed to include any area situ14 ated outside of the District of Columbia boundary as

15 it existed immediately prior to the date of the enact16 ment of this Act, nor be construed to include any

17 portion of the Anacostia Park situated east of the

18 northern side of the Eleventh Street Bridge, or any

19 portion of the Rock Creek Park.

20 SEC. 17. STATEHOOD TRANSITION COMMISSION.

21 (a) There is established a Statehood Transition Com22 mission.

23 (b) The Commission shall be composed of thirteen

24 members appointed as follows:

25 (1) three shall be appointed by the President;
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1 (2) two shall be appointed by the Speaker of

2 the House;

3 (3) two shall be appointed by the President of

4 the Senate;

5 (4) three shall be appointed by the Mayor of

6 the District of Columbia; and

7 (5) three shall be appointed by the Council of

8 the District of Columbia.

9 (c) The Commission shall advise the President, the

10 Congress, the Mayor, the Council, and the Governor and

11 House of Delegates for the State of New Columbia, as

12 appropriate, concerning necessary procedures to effect an

13 orderly transition to statehood for the District of Colum14 bia and other matters relating to the assumption of the

15 property, functions, and activities of the District of Co16 lumbia by the State of New Columbia during the first 2

17 years of the existence of the State of New Columbia. The

18 Commission shall submit such reports as the Commission

19 considers appropriate or as may be requested.

20 (d) The Commission shall cease to exist 2 years after

21 the date of the admission into the Union of the State of

22 New Columbia.

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