[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 51 Reported in House (RH)]

                                                 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 Committee of the Whole 
       House on the State of the Union, and ordered to be printed





                                                 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. Velazquez, 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
 [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.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``New Columbia 
Admission Act''.
    (b) Table of Contents.--The table of contents of this 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.

     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.

                     TITLE I--STATE OF NEW COLUMBIA

                  Subtitle A--Procedures for Admission

SEC. 101. ADMISSION INTO THE UNION.

    (a) In General.--Subject to the provisions of this Act, upon 
issuance of the proclamation required by section 104(b), the State of 
New Columbia is declared to be a State of the United States of America, 
and is declared admitted into the Union on an equal footing with the 
other States in all respects whatever.
    (b) Constitution of State.--The State Constitution shall always be 
republican in form and shall not be repugnant to the Constitution of 
the United States and the principles of the Declaration of 
Independence.

SEC. 102. PROCESS FOR ADMISSION.

    (a) Approval of Admission by Voters of District of Columbia.--
            (1) Election procedures.--At an election designated by 
        proclamation of the Mayor, which may be the primary or the 
        general election held pursuant to section 103(a), a general 
        election, or a special election, there shall be submitted to 
        the electors qualified to vote in such election the following 
        propositions for adoption or rejection:
                    ``(A) New Columbia shall immediately be admitted 
                into the Union as a State.
                    ``(B) The proposed Constitution for the State of 
                New Columbia, as adopted by the Council of the District 
                of Columbia pursuant to the Constitution for the State 
                of New Columbia Approval Act of 1987 (D.C. Law 7-8), 
                shall be deemed ratified and shall replace the 
                Constitution for the State of New Columbia ratified on 
                November 2, 1982.
                    ``(C) The boundaries of the State of New Columbia 
                shall be as prescribed in the New Columbia Admission 
                Act.
                    ``(D) All provisions of the New Columbia Admission 
                Act, including provisions reserving rights or powers to 
                the United States and provisions prescribing the terms 
                or conditions of the grants of lands or other property 
                made to the State of New Columbia, are consented to 
                fully by the State and its people.''.
            (2) Responsibilities of mayor.--The Mayor of the District 
        of Columbia is authorized and directed to take such action as 
        may be necessary or appropriate to ensure the submission of 
        such propositions to the people. The return of the votes cast 
        on such propositions shall be made by the election officers 
        directly to the Board of Elections of the District of Columbia, 
        which shall certify the results of the submission to the Mayor. 
        The Mayor shall certify the results of such submission to the 
        President of the United States.
    (b) Effect of Vote.--
            (1) Adoption of propositions.--In the event the 
        propositions described in subsection (a) are adopted in an 
        election under such subsection by a majority of the legal votes 
        cast on such submission--
                    (A) the State Constitution shall be deemed 
                ratified; and
                    (B) the President shall issue a proclamation 
                pursuant to section 104.
            (2) Rejection of proposition.--In the event any one of the 
        propositions described in subsection (a) is not adopted in an 
        election under such subsection by a majority of the legal votes 
        cast on such submission, the provisions of this Act shall cease 
        to be effective.

SEC. 103. ELECTION OF OFFICIALS OF STATE.

    (a) Issuance of Proclamation.--
            (1) In general.--Not more than 30 days after receiving 
        certification of the enactment of this Act from the President 
        pursuant to section 302, the Mayor of the District of Columbia 
        shall issue a proclamation for the first elections, subject to 
        the provisions of this section, for two Senators and one 
        Representative in Congress.
            (2) Special rule for election of senators.--In the election 
        of Senators from the State pursuant to paragraph (1), the 2 
        Senate offices shall be separately identified and designated, 
        and no person may be a candidate for both offices. No such 
        identification or designation of either of the offices shall 
        refer to or be taken to refer to the terms of such offices, or 
        in any way impair the privilege of the Senate to determine the 
        class to which each of the Senators elected shall be assigned.
    (b) Rules for Conducting Election.--
            (1) In general.--The proclamation of the Mayor issued under 
        subsection (a) shall provide for the holding of a primary 
        election and a general election and at such elections the 
        officers required to be elected as provided in subsection (a) 
        shall be chosen by the qualified electors of the District of 
        Columbia in the manner required by law.
            (2) Certification of returns.--Election returns shall be 
        made and certified in the manner required by law, except that 
        the Mayor shall also certify the results of such elections to 
        the President of the United States.
    (c) Assumption of Duties.--Upon the admission of the State into the 
Union, the Senators and Representative elected at the election 
described in subsection (a) shall be entitled to be admitted to seats 
in Congress and to all the rights and privileges of Senators and 
Representatives of other States in the Congress of the United States.
    (d) Transfer of Offices of Mayor and Members and Chair of 
Council.--Upon the admission of the State into the Union, the Mayor, 
members of the Council, and the Chair of the Council at the time of 
admission shall be deemed the Governor, members of the House of 
Delegates, and the President of the House of Delegates of the State, 
respectively, as provided by the State Constitution and the laws of the 
State.
    (e) Continuation of Authority and Duties and Judicial and Executive 
Officers.--Upon the admission of the State into the Union, members of 
executive and judicial offices of the District of Columbia shall be 
deemed members of the respective executive and judicial offices of the 
State, as provided by the State Constitution and the laws of the State.
    (f) Special Rule for House of Representatives Membership.--The 
State upon its admission into the Union shall be entitled to one 
Representative until the taking effect of the next reapportionment, and 
such Representative shall be in addition to the membership of the House 
of Representatives as now prescribed by law, except that such temporary 
increase in the membership shall not operate to either increase or 
decrease the permanent membership of the House of Representatives or 
affect the basis of apportionment for the Congress.

SEC. 104. ISSUANCE OF PRESIDENTIAL PROCLAMATION.

    (a) In General.--If the President finds that the propositions set 
forth in section 102(a) have been duly adopted by the people of the 
State, the President, upon certification of the returns of the election 
of the officers required to be elected as provided in section 103(a), 
shall, not later than 90 days after receiving such certification, issue 
a proclamation announcing the results of such elections as so 
ascertained.
    (b) Admission of State Upon Issuance of Proclamation.--Upon the 
issuance of the proclamation by the President under subsection (a), the 
State shall be deemed admitted into the Union as provided in section 
101.

           Subtitle B--Description of New Columbia Territory

SEC. 111. TERRITORIES AND BOUNDARIES OF NEW COLUMBIA.

    (a) In General.--Except as provided in subsection (b), the State 
shall consist of all of the territory of the District of Columbia as of 
the date of the enactment of this Act, subject to the results of the 
technical survey conducted under subsection (c).
    (b) Exclusion of Portion of District of Columbia Remaining as 
National Capital.--The territory of the State shall not include the 
area described in section 112, which shall remain as the District of 
Columbia for purposes of serving as the seat of the government of the 
United States.
    (c) Technical Survey.--Not later than 6 months after the date of 
the enactment of this Act, the President (in consultation with the 
Chair of the National Capital Planning Commission) shall conduct a 
technical survey of the metes and bounds of the District of Columbia 
and of the territory described in section 112(b).

SEC. 112. DESCRIPTION OF DISTRICT OF COLUMBIA AFTER ADMISSION OF STATE.

    (a) In General.--Subject to the succeeding provisions of this 
section, after the admission of the State into the Union, the District 
of Columbia shall consist of the property described in subsection (b) 
and shall include the principal Federal monuments, the White House, the 
Capitol Building, the United States Supreme Court Building, and the 
Federal executive, legislative, and judicial office buildings located 
adjacent to the Mall and the Capitol Building.
    (b) Specific Description of Metes and Bounds.--After the admission 
of the State into the Union, the specific metes and bounds of the 
District of Columbia shall be as follows:
            Beginning at the point on the present Virginia-District of 
        Columbia boundary due west of the northernmost point of 
        Theodore Roosevelt Island and running due east of the eastern 
        shore of the Potomac River;
            thence generally south along the shore at the mean high 
        water mark to the northwest corner of the Kennedy Center;
            thence east along the north side of the Kennedy Center to a 
        point where it reaches the E Street Expressway;
            thence east on the expressway to E Street Northwest and 
        thence east on E Street Northwest to Eighteenth Street 
        Northwest;
            thence south on Eighteenth Street Northwest to Constitution 
        Avenue Northwest;
            thence east on Constitution Avenue to Seventeenth Street 
        Northwest;
            thence north on Seventeenth Street Northwest to 
        Pennsylvania Avenue Northwest;
            thence east on Pennsylvania Avenue to Jackson Place 
        Northwest;
            thence north on Jackson Place to H Street Northwest;
            thence east on H Street Northwest to Madison Place 
        Northwest;
            thence south on Madison Place Northwest to Pennsylvania 
        Avenue Northwest;
            thence east on Pennsylvania Avenue Northwest to Fifteenth 
        Street Northwest;
            thence south on Fifteenth Street Northwest to Pennsylvania 
        Avenue Northwest;
            thence southeast on Pennsylvania Avenue Northwest to John 
        Marshall Place Northwest;
            thence north on John Marshall Place Northwest to C Street 
        Northwest;
            thence east on C Street Northwest to Third Street 
        Northwest;
            thence north on Third Street Northwest to D Street 
        Northwest;
            thence east on D Street Northwest to Second Street 
        Northwest;
            thence south on Second Street Northwest to the intersection 
        of Constitution Avenue Northwest and Louisiana Avenue 
        Northwest;
            thence northeast on Louisiana Avenue Northwest to North 
        Capitol Street;
            thence north on North Capitol Street to Massachusetts 
        Avenue Northwest;
            thence southeast on Massachusetts Avenue Northwest so as to 
        encompass Union Square;
            thence following Union Square to F Street Northeast;
            thence east on F Street Northeast to Second Street 
        Northeast;
            thence south on Second Street Northeast to D Street 
        Northeast;
            thence west on D Street Northeast to First Street 
        Northeast;
            thence south on First Street Northeast to Maryland Avenue 
        Northeast;
            thence generally north and east on Maryland Avenue to 
        Second Street Northeast;
            thence south on Second Street Northeast to C Street 
        Southeast;
            thence west on C Street Southeast to New Jersey Avenue 
        Southeast;
            thence south on New Jersey Avenue Southeast to D Street 
        Southeast;
            thence west on D Street Southeast to Washington Avenue 
        Southwest;
            thence southeast on Washington Avenue Southwest to E Street 
        Southeast;
            thence west on E Street Southeast to the intersection of 
        Washington Avenue Southwest and South Capitol Street;
            thence northwest on Washington Avenue Southwest to Second 
        Street Southwest;
            thence south on Second Street Southwest to Virginia Avenue 
        Southwest;
            thence generally west on Virginia Avenue to Third Street 
        Southwest;
            thence north on Third Street Southwest to C Street 
        Southwest;
            thence west on C Street Southwest to Sixth Street 
        Southwest;
            thence north on Sixth Street Southwest to Independence 
        Avenue;
            thence west on Independence Avenue to Twelfth Street 
        Southwest;
            thence south on Twelfth Street Southwest to D Street 
        Southwest;
            thence west on D Street Southwest to Fourteenth Street 
        Southwest;
            thence south on Fourteenth Street Southwest to the middle 
        of the Washington Channel;
            thence generally south and east along the midchannel of the 
        Washington Channel to a point due west of the northern boundary 
        line of Fort Lesley McNair;
            thence due east to the side of the Washington Channel;
            thence following generally south and east along the side of 
        the Washington Channel at the mean high water mark, to the 
        point of confluence with the Anacostia River, and along the 
        northern shore at the mean high water mark to the northernmost 
        point of the Eleventh Street Bridge;
            thence generally south and east along the northern side of 
        the Eleventh Street Bridge to the eastern shore of the 
        Anacostia River;
            thence generally south and west along such shore at the 
        mean high water mark to the point of confluence of the 
        Anacostia and Potomac Rivers;
            thence generally south along the eastern shore at the mean 
        high water mark of the Potomac River to the point where it 
        meets the present southeastern boundary line of the District of 
        Columbia;
            thence south and west along such southeastern boundary line 
        to the point where it meets the present Virginia-District of 
        Columbia boundary; and
            thence generally north and west up the Potomac River along 
        the present Virginia-District of Columbia boundary to the point 
        of beginning.
    (c) Treatment of Certain Property.--
            (1) Streets and sidewalks bounding area.--After the 
        admission of the State into the Union, the District of Columbia 
        shall be deemed to include any street (together with any 
        sidewalk thereof) bounding the District of Columbia.
            (2) Exclusion of district building.--Notwithstanding any 
        other provision of this section, the District of Columbia shall 
        not be considered to include the District Building after the 
        admission of the State into the Union.
            (3) Inclusion of certain military property.--After the 
        admission of the State into the Union, the District of Columbia 
        shall be deemed to include Fort Lesley McNair, the Washington 
        Navy Yard, the Anacostia Naval Annex, the United States Naval 
        Station, Bolling Air Force Base, and the Naval Research 
        Laboratory.

SEC. 113. CONTINUATION OF TITLE TO LANDS AND PROPERTY.

    (a) Continuation of Title to Lands of District of Columbia.--
            (1) In general.--The State and its political subdivisions 
        shall have and retain title or jurisdiction for purposes of 
        administration and maintenance to all property, real and 
        personal, with respect to which title or jurisdiction for 
        purposes of administration and maintenance is held by the 
        territory of the District of Columbia on the day before the 
        State is admitted into the Union.
            (2) Conveyance of interest in certain bridges and 
        tunnels.--On the day before the State is admitted into the 
        Union, the District of Columbia shall convey to the United 
        States any and all interest of the District of Columbia in any 
        bridge or tunnel that will connect the Commonwealth of Virginia 
        with the District of Columbia after the admission of the State 
        into the Union.
    (b) Continuation of Federal Title to Property in State.--The United 
States shall have and retain title or jurisdiction for purposes of 
administration and maintenance to all property in the State with 
respect to which the United States holds title or jurisdiction on the 
day before the State is admitted into the Union, including the scenic 
easement taken by the Secretary of the Interior under section 205.

    Subtitle C--General Provisions Relating to Laws of New Columbia

SEC. 121. LIMITATION ON AUTHORITY OF STATE TO TAX FEDERAL PROPERTY.

    The State may not impose any taxes upon any lands or other property 
owned or acquired by the United States, except to the extent as 
Congress may permit.

SEC. 122. EFFECT OF ADMISSION OF STATE ON CURRENT LAWS.

    (a) In General.--The admission of the State into the Union shall 
not be construed to affect the applicability to the State of any laws 
in effect in the District of Columbia as of the date of admission, 
except as modified or changed by this Act or by the State Constitution.
    (b) Treatment of Federal Laws.--All of the laws of the United 
States shall have the same force and effect within the State as 
elsewhere in the United States, except as such laws may otherwise 
provide.

SEC. 123. CONTINUATION OF JUDICIAL PROCEEDINGS.

    (a) Pending Proceedings.--
            (1) In general.--No writ, action, indictment, cause, or 
        proceeding pending in any court of the District of Columbia or 
        in the United States District Court for the District of 
        Columbia shall abate by reason of the admission of the State 
        into the Union, but shall be transferred and shall proceed 
        within such appropriate State courts as shall be established 
        under the State Constitution, or shall continue in the United 
        States District Court for the District of Columbia, as the 
        nature of the case may require.
            (2) Succession of courts.--The appropriate courts of the 
        State shall be the successors of the courts of the District of 
        Columbia as to all cases arising within the limits embraced 
        within the jurisdiction of such courts, with full power to 
        proceed with such cases, and award mesne or final process 
        therein, and all files, records, indictments, and proceedings 
        relating to any such writ, action, indictment, cause, or 
        proceeding shall be transferred to such appropriate State 
        courts and shall be proceeded with therein in due course of 
        law.
    (b) Unfiled Proceedings Based on Actions Prior to Admission.--All 
civil causes of action and all criminal offenses which shall have 
arisen or been committed prior to the admission of the State into the 
Union, but as to which no writ, action, indictment, or proceeding shall 
be pending at the date of such admission, shall be subject to 
prosecution in the appropriate State courts or in the United States 
District Court for the District of Columbia in like manner, to the same 
extent, and with like right of appellate review, as if the State had 
been admitted and such State courts had been established prior to the 
accrual of such causes of action or the commission of such offenses.
    (c) Maintenance of Rights to and Jurisdiction Over Appeals.--
            (1) Cases decided prior to admission.--Parties shall have 
        the same rights of appeal from and appellate review of final 
        decisions of the United States District Court for the District 
        of Columbia or the District of Columbia Court of Appeals in any 
        case finally decided prior to the admission of the State into 
        the Union, whether or not an appeal therefrom shall have been 
        perfected prior to such admission. The United States Court of 
        Appeals for the District of Columbia Circuit and the Supreme 
        Court of the United States shall have the same jurisdiction in 
        such cases as by law provided prior to the admission of the 
        State into the Union.
            (2) Cases decided after admission.--Parties shall have the 
        same rights of appeal from and appellate review of all orders, 
        judgments, and decrees of the United States District Court for 
        the District of Columbia and of the highest court of the State, 
        as successor to the District of Columbia Court of Appeals, in 
        any case pending at the time of admission of the State into the 
        Union, and the United States Court of Appeals for the District 
        of Columbia Circuit and the Supreme Court of the United States 
        shall have the same jurisdiction therein, as by law provided in 
        any case arising subsequent to the admission of the State into 
        the Union.
            (3) Issuance of subsequent mandates.--Any mandate issued 
        subsequent to the admission of the State shall be to the United 
        States District Court for the District of Columbia or a court 
        of the State, as appropriate.
    (d) Conforming Amendments Relating to Federal Courts.--Effective 
upon the admission of the State into the Union--
            (1) section 41 of title 28, United States Code, is amended 
        in the second column by inserting ``, New Columbia'' after 
        ``District of Columbia''; and
            (2) the first paragraph of section 88 of title 28, United 
        States Code, is amended to read as follows:
    ``The District of Columbia and the State of New Columbia comprise 
one judicial district.''.

SEC. 124. UNITED STATES NATIONALITY.

    No provision of this Act shall operate to confer United States 
nationality, to terminate nationality lawfully acquired, or to restore 
nationality terminated or lost under any law of the United States or 
under any treaty to which the United States is or was a party.

     TITLE II--RESPONSIBILITIES AND INTERESTS OF FEDERAL GOVERNMENT

SEC. 201. CONTINUATION OF REVISED DISTRICT OF COLUMBIA AS SEAT OF 
              FEDERAL GOVERNMENT.

    After the admission of the State into the Union, the seat of the 
Government of the United States shall be the District of Columbia as 
described in section 112 (also known as ``Washington, D.C.'').

SEC. 202. TREATMENT OF MILITARY LANDS.

    (a) Reservation of Federal Authority.--
            (1) In general.--Subject to paragraph (2) and subsection 
        (b) and notwithstanding the admission of the State into the 
        Union, authority is reserved in the United States for the 
        exercise by Congress of the power of exclusive legislation in 
        all cases whatsoever over such tracts or parcels of land 
        located within the State that, immediately prior to the 
        admission of the State, are controlled or owned by the United 
        States and held for defense or Coast Guard purposes.
            (2) Limitation on authority.--The power of exclusive 
        legislation described in paragraph (1) shall vest and remain in 
        the United States only so long as the particular tract or 
        parcel of land involved is controlled or owned by the United 
        States and used for defense or Coast Guard purposes.
    (b) Authority of State.--
            (1) In general.--The reservation of authority in the United 
        States for the exercise by the Congress of the United States of 
        the power of exclusive legislation over military lands under 
        subsection (a) shall not operate to prevent such lands from 
        being a part of the State, or to prevent the State from 
        exercising over or upon such lands, concurrently with the 
        United States, any jurisdiction which it would have in the 
        absence of such reservation of authority and which is 
        consistent with the laws hereafter enacted by Congress pursuant 
        to such reservation of authority.
            (2) Service of process.--The State shall have the right to 
        serve civil or criminal process within such tracts or parcels 
        of land in which the authority of the United States is reserved 
        under subsection (a) in suits or prosecutions for or on account 
        of rights acquired, obligations incurred, or crimes committed 
        within the State but outside of such tracts or parcels of land.

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

    In order to compensate the State for unavailable tax revenues and 
other effects on the revenues of the State resulting from the 
significant presence of the Federal Government within and nearby the 
State, the United States shall make a payment to the State for each 
fiscal year in such amount and under such schedule as Congress may 
determine (taking into account the recommendations of the Statehood 
Transition Commission under section 303).

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

    (a) In General.--As a compact with the United States, the State and 
its people disclaim all right and title to any lands or other property 
not granted or confirmed to the State or its political subdivisions by 
or under the authority of this Act, the right or title to which is held 
by the United States or subject to disposition by the United States.
    (b) Effect on Claims Against United States.--
            (1) In general.--Nothing contained in this Act shall 
        recognize, deny, enlarge, impair, or otherwise affect any claim 
        against the United States, and any such claim shall be governed 
        by applicable laws of the United States.
            (2) Rule of construction.--Nothing in this Act is intended 
        or shall be construed as a finding, interpretation, or 
        construction by the Congress that any applicable law 
        authorizes, establishes, recognizes, or confirms the validity 
        or invalidity of any claim referred to in paragraph (1), and 
        the determination of the applicability or effect of any law to 
        any such claim shall be unaffected by anything in this Act.

SEC. 205. PRESERVATION OF SCENIC VISTAS.

    (a) Scenic Easement.--The Secretary of the Interior shall take a 
scenic easement in the space above all lots within the State (in 
accordance with such terms and procedures as the Secretary of the 
Interior may establish, including terms and procedures relating to the 
payment of compensation towards the value of the easement taken), and 
such scenic easement shall be reserved by the United States. The scenic 
easement is described as follows:
            (1) General rule.--Except as otherwise provided in this 
        subsection, the scenic easement shall be in all space above a 
        lot beginning at a height equal to the sum of--
                    (A) the width of the street, avenue, or highway in 
                front of the lot; and
                    (B) 20 feet.
            (2) Property on commercial street.--With respect to a lot 
        on a business street, avenue, or highway, the scenic easement 
        shall be in all space above the lot beginning at a height equal 
        to 130 feet above the sidewalk of the street, avenue, or 
        highway (or, in the case of property on the north side of 
        Pennsylvania Avenue between 1st and 15th Streets Northwest, 
        beginning 160 feet above the sidewalk).
            (3) Property on residential street.--With respect to a lot 
        on a residential street, avenue, or highway, the scenic 
        easement shall be in all space above the lot beginning--
                    (A) in the case of a lot on a street, avenue, or 
                highway 60 feet wide or less, at a height equal to the 
                width of the street, avenue, or highway;
                    (B) in the case of a lot on a street, avenue, or 
                highway more than 60 feet but less than 65 feet wide, 
                at a height equal to 60 feet; and
                    (C) in the case of a lot on any other street, 
                avenue, or highway, at a height equal to the lower of--
                            (i) the width of the street, avenue, or 
                        highway reduced by 10 feet, or
                            (ii) 90 feet.
            (4) Treatment of space over churches.--With respect to any 
        lot on a residence street, avenue, or highway upon which a 
        church is located (other than a church whose construction had 
        not been undertaken prior to June 1, 1910), the scenic easement 
        shall be in all space above the lot beginning at a height equal 
        to 95 feet above the level of the adjacent curb.
            (5) Treatment of plaza of union station.--With respect to 
        any portion of any lot affronting or abutting the plaza in 
        front of Union Station upon which a building is located (other 
        than a building erected prior to June 1, 1910), the scenic 
        easement shall be in all space above the lot beginning at a 
        height equal to 80 feet above the plaza.
    (b) Effect of Scenic Easement.--
            (1) No physical structures permitted.--Except as provided 
        in paragraph (2), no person may encroach upon any space in 
        which the United States has reserved a scenic easement pursuant 
        to subsection (a) with a physical structure.
            (2) Permissible encroachment by certain structures.--
        Notwithstanding paragraph (1), a person may encroach upon a 
        space in which the United States has reserved a scenic easement 
        pursuant to subsection (a) with any of the following:
                    (A) A physical structure in existence on the date 
                on which the Secretary of the Interior takes the 
                easement.
                    (B) A spire, tower, dome, minaret, or pinnacle 
                serving as an architectural embellishment.
                    (C) A penthouse over an elevator shaft, ventilation 
                shaft, chimney, smokestack, or fire sprinkler tank, but 
                only if--
                            (i) the structure is not used for human 
                        occupancy; and
                            (ii) the structure is set back from the 
                        exterior walls of the building upon which it is 
                        located at a distance equal to its height above 
                        the building's roof.
                    (D) An antenna.
                    (E) Construction equipment.
                    (F) A flagpole.
    (c) Rules for Interpreting Heights.--In determining the point at 
which a scenic easement in a lot begins for purposes of subsection (a), 
the following rules shall apply:
            (1) Height shall be measured from the level of the sidewalk 
        opposite the middle of the front of the lot.
            (2) Any height otherwise determined under such subsection 
        to be not greater than 60 feet may be increased by the distance 
        between the highest point of any building located on the lot 
        and the portion of any parapet wall or balustrade of the 
        building that extends over such highest point, but in no case 
        may any height be increased pursuant to this paragraph by more 
        than 4 feet.
            (3) If a lot (including a corner lot) fronts an 
        intersection of 2 or more streets, avenues, or highways, a 
        height shall be determined by using the width of the widest 
        street, avenue, or highway involved.
            (4) In the case of a lot on a street less than 90 feet wide 
        on which building lines have been established, the width of the 
        street shall be deemed to be the distance between the lines.
    (d) Authority of State to Designate Streets.--Nothing in this 
section shall be construed to affect the authority of the State to 
designate streets, avenues, or highways as commercial or residential.
    (e) Effective Date.--The Secretary of the Interior shall take the 
scenic easement described in this section on the day before the State 
is admitted into the Union. The scenic easement shall be reserved by 
the United States on the date on which the State is admitted into the 
Union.

SEC. 206. PERMITTING INDIVIDUALS RESIDING IN NEW SEAT OF GOVERNMENT TO 
              VOTE IN FEDERAL ELECTIONS IN STATE OF MOST RECENT 
              DOMICILE.

    (a) Requirement for States to Permit Individuals to Vote by 
Absentee Ballot.--
            (1) In general.--Each State shall--
                    (A) permit absent District of Columbia voters to 
                use absentee registration procedures and to vote by 
                absentee ballot in general, special, primary, and 
                runoff elections for Federal office; and
                    (B) accept and process, with respect to any 
                general, special, primary, or runoff election for 
                Federal office, any otherwise valid voter registration 
                application from an absent District of Columbia voter, 
                if the application is received by the appropriate State 
                election official not less than 30 days before the 
                election.
            (2) Absent district of columbia voter defined.--In this 
        section, the term ``absent District of Columbia voter'' means, 
        with respect to a State--
                    (A) a person who resides in the District of 
                Columbia after the admission of the State into the 
                Union and is qualified to vote in the State, but only 
                if the State is the last place in which the person was 
                domiciled before residing in the District of Columbia; 
                or
                    (B) a person who resides in the District of 
                Columbia after the admission of the State into the 
                Union and (but for such residence) would be qualified 
                to vote in the State, but only if the State is the last 
                place in which the person was domiciled before residing 
                in the District of Columbia.
            (3) State defined.--In this section, the term ``State'' 
        means each of the several States, including the State of New 
        Columbia.
    (b) Recommendations to States to Maximize Access to Polls by Absent 
District of Columbia Voters.--To afford maximum access to the polls by 
absent District of Columbia voters, it is recommended that the States--
            (1) waive registration requirements for absent District of 
        Columbia voters who, by reason of residence in the District of 
        Columbia, do not have an opportunity to register;
            (2) expedite processing of balloting materials with respect 
        to such individuals; and
            (3) assure that absentee ballots are mailed to such 
        individuals at the earliest opportunity.
    (c) Enforcement.--The Attorney General may bring a civil action in 
appropriate district court for such declaratory or injunctive relief as 
may be necessary to carry out this section.
    (d) Effect on Certain Other Laws.--The exercise of any right under 
this section shall not affect, for purposes of any Federal, State, or 
local tax, the residence or domicile of a person exercising such right.
    (e) Effective Date.--This section shall take effect upon the date 
of the admission of the State into the Union, and shall apply with 
respect to elections for Federal office taking place on or after such 
date.

SEC. 207. REPEAL OF LAW PROVIDING FOR PARTICIPATION OF DISTRICT OF 
              COLUMBIA IN ELECTION OF PRESIDENT AND VICE-PRESIDENT.

    (a) In General.--Title 3, United States Code, is amended by 
striking section 21.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect upon the date of the admission of the State into the Union, 
and shall apply to any election of the President and Vice-President of 
the United States taking place on or after such date.

SEC. 208. EXPEDITED CONSIDERATION OF CONSTITUTIONAL AMENDMENT.

    (a) Exercise of Rulemaking Authority.--This section is enacted by 
Congress--
            (1) as an exercise of the rulemaking power of the Senate 
        and the House of Representatives, respectively, and as such 
        these provisions are deemed a part of the rule of each House, 
        respectively, but applicable only with respect to the procedure 
        to be followed in that House in the case of a joint resolution 
        described in subsection (b), and they supersede other rules 
        only to the extent that they are inconsistent therewith; and
            (2) with full recognition of the constitutional right of 
        either House to change the rule (so far as relating to the 
        procedure of that House) at any time, in the same manner and to 
        the same extent as in the case of any other rule of that House.
    (b) Expedited Consideration of Repeal of 23rd Amendment.--
            (1) Motion made in order.--At any time after the date of 
        the enactment of this Act, it shall be in order in either the 
        House of Representatives or the Senate to offer a motion to 
        proceed to the consideration of a joint resolution proposing an 
        amendment to the Constitution of the United States repealing 
        the 23rd article of amendment to the Constitution.
            (2) Procedures relating to motion.--With respect to the 
        motion described in paragraph (1), the following rules shall 
        apply:
                    (A) The motion is highly privileged and is not 
                debatable.
                    (B) An amendment to the motion is not in order, and 
                it is not in order to move to reconsider the vote by 
                which the motion is agreed to or disagreed to.
                    (C) A motion to postpone shall be decided without 
                debate.

                     TITLE III--GENERAL PROVISIONS

SEC. 301. GENERAL DEFINITIONS.

    In this Act, the following definitions shall apply:
            (1) The term ``Commission'' means the Statehood Transition 
        Commission established under section 303.
            (2) The term ``Council'' means the Council of the District 
        of Columbia.
            (3) The term ``Governor'' means the Governor of the State 
        of New Columbia.
            (4) The term ``Mayor'' means the Mayor of the District of 
        Columbia.
            (5) The term ``State Constitution'' means the constitution 
        of the State of New Columbia, as adopted by the Council of the 
        District of Columbia in the Constitution for the State of New 
        Columbia Approval Act of 1987 (D.C. Law 7-8).
            (6) The term ``State'' means the State of New Columbia.

SEC. 302. CERTIFICATION OF ENACTMENT BY PRESIDENT.

    Not more than 60 days after the date of enactment of this Act, the 
President shall certify such enactment to the Mayor of the District of 
Columbia.

SEC. 303. STATEHOOD TRANSITION COMMISSION.

    (a) Establishment.--There is hereby established a Statehood 
Transition Commission.
    (b) Composition.--The Commission shall be composed of 17 members 
appointed as follows:
            (1) 3 members appointed by the President.
            (2) 2 members appointed by the Speaker of the House.
            (3) 2 members appointed by the Minority Leader of the House 
        of Representatives.
            (4) 2 members appointed by the President Pro Tempore of the 
        Senate.
            (5) 2 members appointed by the Minority Leader of the 
        Senate.
            (6) 3 members appointed by the Mayor of the District of 
        Columbia.
            (7) 3 members appointed by the Council of the District of 
        Columbia.
    (c) Duties.--
            (1) In general.--The Commission shall advise the President, 
        the Congress, the Mayor (or, upon the admission of the State 
        into the Union, the Governor), and the Council (or, upon the 
        admission of the State into the Union, the House of Delegates 
        for the State of New Columbia) concerning necessary procedures 
        to effect an orderly transition to statehood for the District 
        of Columbia and other matters relating to the assumption of the 
        property, functions, and activities of the District of Columbia 
        by the State during the first 2 years of the State's existence.
            (2) Recommendations regarding applicability of laws to new 
        seat of government.--In carrying out its duties under paragraph 
        (1), the Commission shall analyze the laws of the United States 
        that will apply to the District of Columbia after the admission 
        of the State into the Union, and shall make recommendations to 
        Congress regarding whether any of these laws should continue to 
        apply to the District of Columbia after the admission of the 
        State.
            (3) Recommendations regarding annual payment in lieu of 
        tax.--In addition to any of its other duties under paragraph 
        (1), not later than 1 year after the date of the enactment of 
        this Act, the Commission shall develop and recommend to 
        Congress a methodology for determining the amount of and 
        schedule for the annual payment to the State required under 
        section 203, and shall base such methodology upon the 
        methodologies used to determine the amount of other payments in 
        lieu of taxes made by the United States to States and units of 
        local government as compensation for the presence of Federal 
        property which may not be taxed by such States and units of 
        local government.
            (4) Recommendations regarding lorton correctional 
        complex.--In addition to any of its other duties under 
        paragraph (1), not later than 2 years after the date of the 
        enactment of this Act, the Commission shall identify and 
        recommend options to Congress, the Mayor of the District of 
        Columbia (or, if the options are recommended after the 
        admission of the State into the Union, the Governor of the 
        State), and the Governor of Virginia regarding the 
        incarceration of individuals convicted of crimes in the State, 
        including options relating to--
                    (A) the construction of additional prison 
                facilities within the State;
                    (B) agreements between the State and the 
                Commonwealth of Virginia with respect to the Lorton 
                Correctional Complex, or agreements with other 
                jurisdictions under which such individuals may be 
                incarcerated at facilities located in such other 
                jurisdictions; and
                    (C) the development of a comprehensive plan for 
                closing the Lorton Correctional Complex by 2010 and 
                relocating inmates to other facilities.
    (d) Reports.--The Commission shall submit such reports as the 
Commission considers appropriate or as may be requested.
    (e) Termination.--The Commission shall cease to exist 2 years after 
the date of the admission of the State into the Union.
HR 51 RH----2
HR 51 RH----3
HR 51 RH----4