[House Report 117-19]
[From the U.S. Government Publishing Office]


117th Congress  }                                        {   Rept. 117-19
                        HOUSE OF REPRESENTATIVES
 1st Session    }                                        {      Part 1

======================================================================



 
                     WASHINGTON, D.C. ADMISSION ACT

                                _______
                                

                 April 16, 2021.--Ordered to be printed

                                _______
                                

 Mrs. Carolyn B. Maloney of New York, from the Committee on Oversight 
                  and Reform, submitted the following

                              R E P O R T

                             together with

                             MINORITY VIEWS

                         [To accompany H.R. 51]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Oversight and Reform, to whom was referred 
the bill (H.R. 51) to provide for the admission of the State of 
Washington, D.C. into the Union, having considered the same, 
reports favorably thereon with an amendment and recommends that 
the bill as amended do pass.
    The amendment is as follows:

                                CONTENTS

                                                                   Page
Summary and Purpose of Legislation...............................    27
Background and Need for Legislation..............................    27
Section-by-Section Analysis......................................    35
Title I--State of Washington, D.C................................    35
Title II--Interests of Federal Government........................    38
Title III--Continuation of Certain Authorities and 
  Responsibilities...............................................    41
Title IV--General Provisions.....................................    45
Legislative History..............................................    48
Committee Consideration..........................................    48
Roll Call Votes..................................................    48
Explanation of Amendments........................................    62
List of Related Committee Hearings...............................    63
Statement of Oversight Findings and Recommendations of the 
  Committee......................................................    63
Statement of General Performance Goals and Objectives............    63
Application of Law to the Legislative Branch.....................    63
Duplication of Federal Programs..................................    63
Disclosure of Directed Rule Makings..............................    64
Federal Advisory Committee Act Statement.........................    64
Unfunded Mandates Reform Act Statement...........................    64
Earmark Identification...........................................    64
Committee Cost Estimate..........................................    64
New Budget Authority and Congressional Budget Office Cost 
  Estimate.......................................................    64
Changes in Existing Law Made by the Bill, as Reported............    68
Supplemental, Minority, Additional, or Dissenting Views..........   189

  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

  (a) Short Title.--This Act may be cited as the ``Washington, D.C. 
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 WASHINGTON, D.C.

                  Subtitle A--Procedures for Admission

Sec. 101. Admission into the Union.
Sec. 102. Election of Senators and Representative.
Sec. 103. Issuance of presidential proclamation.

          Subtitle B--Seat of Government of the United States

Sec. 111. Territory and boundaries.
Sec. 112. Description of Capital.
Sec. 113. Retention of title to property.
Sec. 114. Effect of admission on current laws of seat of Government of 
United States.
Sec. 115. Capital National Guard.
Sec. 116. Termination of legal status of seat of Government of United 
States as municipal corporation.

        Subtitle C--General Provisions Relating to Laws of State

Sec. 121. Effect of admission on current laws.
Sec. 122. Pending actions and proceedings.
Sec. 123. Limitation on authority to tax Federal property.
Sec. 124. United States nationality.

               TITLE II--INTERESTS OF FEDERAL GOVERNMENT

                      Subtitle A--Federal Property

Sec. 201. Treatment of military lands.
Sec. 202. Waiver of claims to Federal property.

                       Subtitle B--Federal Courts

Sec. 211. Residency requirements for certain Federal officials.
Sec. 212. Renaming of Federal courts.
Sec. 213. Conforming amendments relating to Department of Justice.
Sec. 214. Treatment of pretrial services in United States District 
Court.

                     Subtitle C--Federal Elections

Sec. 221. Permitting individuals residing in Capital to vote in Federal 
elections in State of most recent domicile.
Sec. 222. Repeal of Office of District of Columbia Delegate.
Sec. 223. Repeal of law providing for participation of seat of 
government in election of President and Vice-President.
Sec. 224. Expedited procedures for consideration of constitutional 
amendment repealing 23rd Amendment.

  TITLE III--CONTINUATION OF CERTAIN AUTHORITIES AND RESPONSIBILITIES

                     Subtitle A--Employee Benefits

Sec. 301. Federal benefit payments under certain retirement programs.
Sec. 302. Continuation of Federal civil service benefits for employees 
first employed prior to establishment of District of Columbia merit 
personnel system.
Sec. 303. Obligations of Federal Government under judges' retirement 
program.

                          Subtitle B--Agencies

Sec. 311. Public Defender Service.
Sec. 312. Prosecutions.
Sec. 313. Service of United States Marshals.
Sec. 314. Designation of felons to facilities of Bureau of Prisons.
Sec. 315. Parole and supervision.
Sec. 316. Courts.

               Subtitle C--Other Programs and Authorities

Sec. 321. Application of the College Access Act.
Sec. 322. Application of the Scholarships for Opportunity and Results 
Act.
Sec. 323. Medicaid Federal medical assistance percentage.
Sec. 324. Federal planning commissions.
Sec. 325. Role of Army Corps of Engineers in supplying water.
Sec. 326. Requirements to be located in District of Columbia.

                      TITLE IV--GENERAL PROVISIONS

Sec. 401. General definitions.
Sec. 402. Statehood Transition Commission.
Sec. 403. Certification of enactment by President.
Sec. 404. Severability.

                   TITLE I--STATE OF WASHINGTON, D.C.

                  Subtitle A--Procedures for Admission

SEC. 101. ADMISSION INTO THE UNION.

  (a) In General.--Subject to the provisions of this Act, upon the 
issuance of the proclamation required by section 103(a), the State of 
Washington, Douglass Commonwealth 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 or the principles of the Declaration of Independence.
  (c) Nonseverability.--If any provision of this section, or the 
application thereof to any person or circumstance, is held to be 
invalid, the remaining provisions of this Act and any amendments made 
by this Act shall be treated as invalid.

SEC. 102. ELECTION OF SENATORS AND REPRESENTATIVE.

  (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 403, the Mayor shall issue a proclamation 
        for the first elections for 2 Senators and one Representative 
        in Congress from the State, subject to the provisions of this 
        section.
          (2) Special rule for elections of senators.--In the elections 
        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 shall be assigned.
  (b) Rules for Conducting Elections.--
          (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 voters of the District of 
        Columbia in the manner required by the laws of the District of 
        Columbia.
          (2) Certification of results.--Election results shall be 
        certified in the manner required by the laws of the District of 
        Columbia, except that the Mayor shall also provide written 
        certification of the results of such elections to the 
        President.
  (c) Assumption of Duties.--Upon the admission of the State into the 
Union, the Senators and Representative elected at the elections 
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 the other States in Congress.
  (d) Effect of Admission on House of Representatives Membership.--
          (1) Permanent increase in number of members.--Effective with 
        respect to the Congress during which the State is admitted into 
        the Union and each succeeding Congress, the House of 
        Representatives shall be composed of 436 Members, including any 
        Members representing the State.
          (2) Initial number of representatives for state.--Until the 
        taking effect of the first apportionment of Members occurring 
        after the admission of the State into the Union, the State 
        shall be entitled to one Representative in the House of 
        Representatives upon its admission into the Union.
          (3) Apportionment of members resulting from admission of 
        state.--
                  (A) Apportionment.--Section 22(a) of the Act entitled 
                ``An Act to provide for the fifteenth and subsequent 
                decennial censuses and to provide for apportionment of 
                Representatives in Congress'', approved June 18, 1929 
                (2 U.S.C. 2a(a)), is amended by striking ``the then 
                existing number of Representatives'' and inserting 
                ``436 Representatives''.
                  (B) Effective date.--The amendment made by 
                subparagraph (A) shall apply with respect to the first 
                regular decennial census conducted after the admission 
                of the State into the Union and each subsequent regular 
                decennial census.

SEC. 103. ISSUANCE OF PRESIDENTIAL PROCLAMATION.

  (a) In General.--The President, upon the certification of the results 
of the elections of the officers required to be elected as provided in 
section 102(a), shall, not later than 90 days after receiving such 
certification pursuant to section 102(b)(2), 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 declared admitted into the Union as provided in section 
101(a).

          Subtitle B--Seat of Government of the United States

SEC. 111. TERRITORY AND BOUNDARIES.

  (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 
metes and bounds survey conducted under subsection (c).
  (b) Exclusion of Portion Remaining as Seat of Government of United 
States.--The territory of the State shall not include the area 
described in section 112, which shall be known as the ``Capital'' and 
shall serve as the seat of the Government of the United States, as 
provided in clause 17 of section 8 of article I of the Constitution of 
the United States.
  (c) Metes and Bounds Survey.--Not later than 180 days 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 
metes and bounds survey of the Capital, as described in section 112(b).

SEC. 112. DESCRIPTION OF CAPITAL.

  (a) In General.--Subject to subsection (c), upon the admission of the 
State into the Union, the Capital 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 (as such terms are used in section 8501(a) of title 40, United 
States Code).
  (b) General Description.--Upon the admission of the State into the 
Union, the boundaries of the Capital shall be as follows: Beginning at 
the intersection of the southern right-of-way of F Street NE and the 
eastern right-of-way of 2nd Street NE;
          (1) thence south along said eastern right-of-way of 2nd 
        Street NE to its intersection with the northeastern right-of-
        way of Maryland Avenue NE;
          (2) thence southwest along said northeastern right-of-way of 
        Maryland Avenue NE to its intersection with the northern right-
        of-way of Constitution Avenue NE;
          (3) thence west along said northern right-of-way of 
        Constitution Avenue NE to its intersection with the eastern 
        right-of-way of 1st Street NE;
          (4) thence south along said eastern right-of-way of 1st 
        Street NE to its intersection with the southeastern right-of-
        way of Maryland Avenue NE;
          (5) thence northeast along said southeastern right-of-way of 
        Maryland Avenue NE to its intersection with the eastern right-
        of-way of 2nd Street SE;
          (6) thence south along said eastern right-of-way of 2nd 
        Street SE to the eastern right-of-way of 2nd Street SE;
          (7) thence south along said eastern right-of-way of 2nd 
        Street SE to its intersection with the northern property 
        boundary of the property designated as Square 760 Lot 803;
          (8) thence east along said northern property boundary of 
        Square 760 Lot 803 to its intersection with the western right-
        of-way of 3rd Street SE;
          (9) thence south along said western right-of-way of 3rd 
        Street SE to its intersection with the northern right-of-way of 
        Independence Avenue SE;
          (10) thence west along said northern right-of-way of 
        Independence Avenue SE to its intersection with the 
        northwestern right-of-way of Pennsylvania Avenue SE;
          (11) thence northwest along said northwestern right-of-way of 
        Pennsylvania Avenue SE to its intersection with the eastern 
        right-of-way of 2nd Street SE;
          (12) thence south along said eastern right-of-way of 2nd 
        Street SE to its intersection with the southern right-of-way of 
        C Street SE;
          (13) thence west along said southern right-of-way of C Street 
        SE to its intersection with the eastern right-of-way of 1st 
        Street SE;
          (14) thence south along said eastern right-of-way of 1st 
        Street SE to its intersection with the southern right-of-way of 
        D Street SE;
          (15) thence west along said southern right-of-way of D Street 
        SE to its intersection with the eastern right-of-way of South 
        Capitol Street;
          (16) thence south along said eastern right-of-way of South 
        Capitol Street to its intersection with the northwestern right-
        of-way of Canal Street SE;
          (17) thence southeast along said northwestern right-of-way of 
        Canal Street SE to its intersection with the southern right-of-
        way of E Street SE;
          (18) thence east along said southern right-of-way of said E 
        Street SE to its intersection with the western right-of-way of 
        1st Street SE;
          (19) thence south along said western right-of-way of 1st 
        Street SE to its intersection with the southernmost corner of 
        the property designated as Square 736S Lot 801;
          (20) thence west along a line extended due west from said 
        corner of said property designated as Square 736S Lot 801 to 
        its intersection with the southwestern right-of-way of New 
        Jersey Avenue SE;
          (21) thence southeast along said southwestern right-of-way of 
        New Jersey Avenue SE to its intersection with the northwestern 
        right-of-way of Virginia Avenue SE;
          (22) thence northwest along said northwestern right-of-way of 
        Virginia Avenue SE to its intersection with the western right-
        of-way of South Capitol Street;
          (23) thence north along said western right-of-way of South 
        Capitol Street to its intersection with the southern right-of-
        way of E Street SW;
          (24) thence west along said southern right-of-way of E Street 
        SW to its end;
          (25) thence west along a line extending said southern right-
        of-way of E Street SW westward to its intersection with the 
        eastern right-of-way of 2nd Street SW;
          (26) thence north along said eastern right-of-way of 2nd 
        Street SW to its intersection with the southwestern right-of-
        way of Virginia Avenue SW;
          (27) thence northwest along said southwestern right-of-way of 
        Virginia Avenue SW to its intersection with the western right-
        of-way of 3rd Street SW;
          (28) thence north along said western right-of-way of 3rd 
        Street SW to its intersection with the northern right-of-way of 
        D Street SW;
          (29) thence west along said northern right-of-way of D Street 
        SW to its intersection with the eastern right-of-way of 4th 
        Street SW;
          (30) thence north along said eastern right-of-way of 4th 
        Street SW to its intersection with the northern right-of-way of 
        C Street SW;
          (31) thence west along said northern right-of-way of C Street 
        SW to its intersection with the eastern right-of-way of 6th 
        Street SW;
          (32) thence north along said eastern right-of-way of 6th 
        Street SW to its intersection with the northern right-of-way of 
        Independence Avenue SW;
          (33) thence west along said northern right-of-way of 
        Independence Avenue SW to its intersection with the western 
        right-of-way of 12th Street SW;
          (34) thence south along said western right-of-way of 12th 
        Street SW to its intersection with the northern right-of-way of 
        D Street SW;
          (35) thence west along said northern right-of-way of D Street 
        SW to its intersection with the eastern right-of-way of 14th 
        Street SW;
          (36) thence south along said eastern right-of-way of 14th 
        Street SW to its intersection with the northeastern boundary of 
        the Consolidated Rail Corporation railroad easement;
          (37) thence southwest along said northeastern boundary of the 
        Consolidated Rail Corporation railroad easement to its 
        intersection with the eastern shore of the Potomac River;
          (38) thence generally northwest along said eastern shore of 
        the Potomac River to its intersection with a line extending 
        westward the northern boundary of the property designated as 
        Square 12 Lot 806;
          (39) thence east along said line extending westward the 
        northern boundary of the property designated as Square 12 Lot 
        806 to the northern property boundary of the property 
        designated as Square 12 Lot 806, and continuing east along said 
        northern boundary of said property designated as Square 12 Lot 
        806 to its northeast corner;
          (40) thence east along a line extending east from said 
        northeast corner of the property designated as Square 12 Lot 
        806 to its intersection with the western boundary of the 
        property designated as Square 33 Lot 87;
          (41) thence south along said western boundary of the property 
        designated as Square 33 Lot 87 to its intersection with the 
        northwest corner of the property designated as Square 33 Lot 
        88;
          (42) thence counter-clockwise around the boundary of said 
        property designated as Square 33 Lot 88 to its southeast 
        corner, which is along the northern right-of-way of E Street 
        NW;
          (43) thence east along said northern right-of-way of E Street 
        NW to its intersection with the western right-of-way of 18th 
        Street NW;
          (44) thence south along said western right-of-way of 18th 
        Street NW to its intersection with the southwestern right-of-
        way of Virginia Avenue NW;
          (45) thence southeast along said southwestern right-of-way of 
        Virginia Avenue NW to its intersection with the northern right-
        of-way of Constitution Avenue NW;
          (46) thence east along said northern right-of-way of 
        Constitution Avenue NW to its intersection with the eastern 
        right-of-way of 17th Street NW;
          (47) thence north along said eastern right-of-way of 17th 
        Street NW to its intersection with the southern right-of-way of 
        H Street NW;
          (48) thence east along said southern right-of-way of H Street 
        NW to its intersection with the northwest corner of the 
        property designated as Square 221 Lot 35;
          (49) thence counter-clockwise around the boundary of said 
        property designated as Square 221 Lot 35 to its southeast 
        corner, which is along the boundary of the property designated 
        as Square 221 Lot 37;
          (50) thence counter-clockwise around the boundary of said 
        property designated as Square 221 Lot 37 to its southwest 
        corner, which it shares with the property designated as Square 
        221 Lot 818;
          (51) thence south along the boundary of said property 
        designated as Square 221 Lot 818 to its southwest corner, which 
        it shares with the property designated as Square 221 Lot 40;
          (52) thence south along the boundary of said property 
        designated as Square 221 Lot 40 to its southwest corner;
          (53) thence east along the southern border of said property 
        designated as Square 221 Lot 40 to its intersection with the 
        northwest corner of the property designated as Square 221 Lot 
        820;
          (54) thence south along the western boundary of said property 
        designated as Square 221 Lot 820 to its southwest corner, which 
        it shares with the property designated as Square 221 Lot 39;
          (55) thence south along the western boundary of said property 
        designated as Square 221 Lot 39 to its southwest corner, which 
        is along the northern right-of-way of Pennsylvania Avenue NW;
          (56) thence east along said northern right-of-way of 
        Pennsylvania Avenue NW to its intersection with the western 
        right-of-way of 15th Street NW;
          (57) thence south along said western right-of-way of 15th 
        Street NW to its intersection with a line extending northwest 
        from the southern right-of-way of the portion of Pennsylvania 
        Avenue NW north of Pershing Square;
          (58) thence southeast along said line extending the southern 
        right-of-way of Pennsylvania Avenue NW to the southern right-
        of-way of Pennsylvania Avenue NW, and continuing southeast 
        along said southern right-of-way of Pennsylvania Avenue NW to 
        its intersection with the western right-of-way of 14th Street 
        NW;
          (59) thence south along said western right-of-way of 14th 
        Street NW to its intersection with a line extending west from 
        the southern right-of-way of D Street NW;
          (60) thence east along said line extending west from the 
        southern right-of-way of D Street NW to the southern right-of-
        way of D Street NW, and continuing east along said southern 
        right-of-way of D Street NW to its intersection with the 
        eastern right-of-way of 13\1/2\ Street NW;
          (61) thence north along said eastern right-of-way of 13\1/2\ 
        Street NW to its intersection with the southern right-of-way of 
        Pennsylvania Avenue NW;
          (62) thence east and southeast along said southern right-of-
        way of Pennsylvania Avenue NW to its intersection with the 
        western right-of-way of 12th Street NW;
          (63) thence south along said western right-of-way of 12th 
        Street NW to its intersection with a line extending to the west 
        the southern boundary of the property designated as Square 324 
        Lot 809;
          (64) thence east along said line to the southwest corner of 
        said property designated as Square 324 Lot 809, and continuing 
        northeast along the southern boundary of said property 
        designated as Square 324 Lot 809 to its eastern corner, which 
        it shares with the property designated as Square 323 Lot 802;
          (65) thence east along the southern boundary of said property 
        designated as Square 323 Lot 802 to its southeast corner, which 
        it shares with the property designated as Square 324 Lot 808;
          (66) thence counter-clockwise around the boundary of said 
        property designated as Square 324 Lot 808 to its northeastern 
        corner, which is along the southern right-of-way of 
        Pennsylvania Avenue NW;
          (67) thence southeast along said southern right-of-way of 
        Pennsylvania Avenue NW to its intersection with the eastern 
        right-of-way of 4th Street NW;
          (68) thence north along a line extending north from said 
        eastern right-of-way of 4th Street NW to its intersection with 
        the southern right-of-way of C Street NW;
          (69) thence east along said southern right-of-way of C Street 
        NW to its intersection with the eastern right-of-way of 3rd 
        Street NW;
          (70) thence north along said eastern right-of-way of 3rd 
        Street NW to its intersection with the southern right-of-way of 
        D Street NW;
          (71) thence east along said southern right-of-way of D Street 
        NW to its intersection with the western right-of-way of 1st 
        Street NW;
          (72) thence south along said western right-of-way of 1st 
        Street NW to its intersection with the northern right-of-way of 
        C Street NW;
          (73) thence west along said northern right-of-way of C Street 
        NW to its intersection with the western right-of-way of 2nd 
        Street NW;
          (74) thence south along said western right-of-way of 2nd 
        Street NW to its intersection with the northern right-of-way of 
        Constitution Avenue NW;
          (75) thence east along said northern right-of-way of 
        Constitution Avenue NW to its intersection with the 
        northeastern right-of-way of Louisiana Avenue NW;
          (76) thence northeast along said northeastern right-of-way of 
        Louisiana Avenue NW to its intersection with the southwestern 
        right-of-way of New Jersey Avenue NW;
          (77) thence northwest along said southwestern right-of-way of 
        New Jersey Avenue NW to its intersection with the northern 
        right-of-way of D Street NW;
          (78) thence east along said northern right-of-way of D Street 
        NW to its intersection with the northeastern right-of-way of 
        Louisiana Avenue NW;
          (79) thence northeast along said northwestern right-of-way of 
        Louisiana Avenue NW to its intersection with the western right-
        of-way of North Capitol Street;
          (80) thence north along said western right-of-way of North 
        Capitol Street to its intersection with the southwestern right-
        of-way of Massachusetts Avenue NW;
          (81) thence southeast along said southwestern right-of-way of 
        Massachusetts Avenue NW to the southwestern right-of-way of 
        Massachusetts Avenue NE;
          (82) thence southeast along said southwestern right-of-way of 
        Massachusetts Avenue NE to the southern right-of-way of 
        Columbus Circle NE;
          (83) thence counter-clockwise along said southern right-of-
        way of Columbus Circle NE to its intersection with the southern 
        right-of-way of F Street NE; and
          (84) thence east along said southern right-of-way of F Street 
        NE to the point of beginning.
  (c) Exclusion of Building Serving as State Capitol.--Notwithstanding 
any other provision of this section, after the admission of the State 
into the Union, the Capital shall not be considered to include the 
building known as the ``John A. Wilson Building'', as described and 
designated under section 601(a) of the Omnibus Spending Reduction Act 
of 1993 (sec. 10-1301(a), D.C. Official Code).
  (d) Clarification of Treatment of Frances Perkins Building.--The 
entirety of the Frances Perkins Building, including any portion of the 
Building which is north of D Street Northwest, shall be included in the 
Capital.

SEC. 113. RETENTION OF TITLE TO PROPERTY.

  (a) Retention of Federal Title.--The United States shall have and 
retain title to, or jurisdiction over, for purposes of administration 
and maintenance, all real and personal property with respect to which 
the United States holds title or jurisdiction for such purposes on the 
day before the date of the admission of the State into the Union.
  (b) Retention of State Title.--The State shall have and retain title 
to, or jurisdiction over, for purposes of administration and 
maintenance, all real and personal property with respect to which the 
District of Columbia holds title or jurisdiction for such purposes on 
the day before the date of the admission of the State into the Union.

SEC. 114. EFFECT OF ADMISSION ON CURRENT LAWS OF SEAT OF GOVERNMENT OF 
                    UNITED STATES.

  Except as otherwise provided in this Act, the laws of the District of 
Columbia which are in effect on the day before the date of the 
admission of the State into the Union (without regard to whether such 
laws were enacted by Congress or by the District of Columbia) shall 
apply in the Capital in the same manner and to the same extent 
beginning on the date of the admission of the State into the Union, and 
shall be deemed laws of the United States which are applicable only in 
or to the Capital.

SEC. 115. CAPITAL NATIONAL GUARD.

  (a) Establishment.--Title 32, United States Code, is amended as 
follows:
          (1) Definitions.--In paragraphs (4), (6), and (19) of section 
        101, by striking ``District of Columbia'' each place it appears 
        and inserting ``Capital''.
          (2) Branches and organizations.--In section 103, by striking 
        ``District of Columbia'' and inserting ``Capital''.
          (3) Units: location; organization; command.--In subsections 
        (c) and (d) of section 104, by striking ``District of 
        Columbia'' both places it appears and inserting ``Capital''.
          (4) Availability of appropriations.--In section 107(b), by 
        striking ``District of Columbia'' and inserting ``Capital''.
          (5) Maintenance of other troops.--In subsections (a), (b), 
        and (c) of section 109, by striking ``District of Columbia'' 
        each place it appears and inserting ``Capital''.
          (6) Drug interdiction and counter-drug activities.--In 
        section 112(h)--
                  (A) by striking ``District of Columbia,'' both places 
                it appears and inserting ``Capital,''; and
                  (B) in paragraph (2), by striking ``National Guard of 
                the District of Columbia'' and inserting ``Capital 
                National Guard''.
          (7) Enlistment oath.--In section 304, by striking ``District 
        of Columbia'' and inserting ``Capital''.
          (8) Adjutants general.--In section 314, by striking 
        ``District of Columbia'' each place it appears and inserting 
        ``Capital''.
          (9) Detail of regular members of army and air force to duty 
        with national guard.--In section 315, by striking ``District of 
        Columbia'' each place it appears and inserting ``Capital''.
          (10) Discharge of officers; termination of appointment.--In 
        section 324(b), by striking ``District of Columbia'' and 
        inserting ``Capital''.
          (11) Relief from national guard duty when ordered to active 
        duty.--In subsections (a) and (b) of section 325, by striking 
        ``District of Columbia'' each place it appears and inserting 
        ``Capital''.
          (12) Courts-martial of national guard not in federal service: 
        composition, jurisdiction, and procedures; convening 
        authority.--In sections 326 and 327, by striking ``District of 
        Columbia'' each place it appears and inserting ``Capital''.
          (13) Active guard and reserve duty: governor's authority.--In 
        section 328(a), by striking ``District of Columbia'' and 
        inserting ``Capital''.
          (14) Training generally.--In section 501(b), by striking 
        ``District of Columbia'' and inserting ``Capital''.
          (15) Participation in field exercises.--In section 503(b), by 
        striking ``District of Columbia'' and inserting ``Capital''.
          (16) National guard schools and small arms competitions.--In 
        section 504(b), by striking ``District of Columbia'' and 
        inserting ``Capital''.
          (17) Army and air force schools and field exercises.--In 
        section 505, by striking ``National Guard of the District of 
        Columbia'' and inserting ``Capital National Guard''.
          (18) National guard youth challenge program.--In subsections 
        (c)(1), (g)(2), (j), (k), and (l)(1) of section 509, by 
        striking ``District of Columbia'' each place it appears and 
        inserting ``Capital''.
          (19) Issue of supplies.--In section 702--
                  (A) in subsection (a), by striking ``National Guard 
                of the District of Columbia'' and inserting ``Capital 
                National Guard''; and
                  (B) in subsections (b), (c), and (d), by striking 
                ``District of Columbia'' each place it appears and 
                inserting ``Capital''.
          (20) Purchases of supplies from army or air force.--In 
        subsections (a) and (b) of section 703, by striking ``District 
        of Columbia'' both places it appears and inserting ``Capital''.
          (21) Accountability: relief from upon order to active duty.--
        In section 704, by striking ``District of Columbia'' and 
        inserting ``Capital''.
          (22) Property and fiscal officers.--In section 708--
                  (A) in subsection (a), by striking ``National Guard 
                of the District of Columbia'' and inserting ``Capital 
                National Guard''; and
                  (B) in subsection (d), by striking ``District of 
                Columbia'' and inserting ``Capital''.
          (23) Accountability for property issued to the national 
        guard.--In subsections (c), (d), (e), and (f) of section 710, 
        by striking ``District of Columbia'' each place it appears and 
        inserting ``Capital''.
          (24) Disposition of obsolete or condemned property.--In 
        section 711, by striking ``District of Columbia'' and inserting 
        ``Capital''.
          (25) Disposition of proceeds of condemned stores issued to 
        national guard.--In paragraph (1) of section 712, by striking 
        ``District of Columbia'' and inserting ``Capital''.
          (26) Property loss; personal injury or death.--In section 
        715(c), by striking ``District of Columbia'' and inserting 
        ``Capital''.
  (b) Conforming Amendments.--
          (1) Capital defined.--
                  (A) In general.--Section 101 of title 32, United 
                States Code, is amended by adding at the end the 
                following new paragraph:
          ``(20) `Capital' means the area serving as the seat of the 
        Government of the United States, as described in section 112 of 
        the Washington, D.C. Admission Act.''.
                  (B) With regards to homeland defense activities.--
                Section 901 of title 32, United States Code, is 
                amended--
                          (i) in paragraph (2), by striking ``District 
                        of Columbia'' and inserting ``Capital''; and
                          (ii) by adding at the end the following new 
                        paragraph:
          ``(3) The term `Governor' means, with respect to the Capital, 
        the commanding general of the Capital National Guard.''.
          (2) Title 10, united states code.--Title 10, United States 
        Code, is amended as follows:
                  (A) Definitions.--In section 101--
                          (i) in subsection (a), by adding at the end 
                        the following new paragraph:
          ``(19) The term `Capital' means the area serving as the seat 
        of the Government of the United States, as described in section 
        112 of the Washington, D.C. Admission Act.'';
                          (ii) in paragraphs (2) and (4) of subsection 
                        (c), by striking ``District of Columbia'' both 
                        places it appears and inserting ``Capital''; 
                        and
                          (iii) in subsection (d)(5), by striking 
                        ``District of Columbia'' and inserting 
                        ``Capital''.
                  (B) Disposition on discharge.--In section 771a(c), by 
                striking ``District of Columbia'' and inserting 
                ``Capital''.
                  (C) TRICARE coverage for certain members of the 
                national guard and dependents during certain disaster 
                response duty.--In section 1076f--
                          (i) in subsections (a) and (c)(1), by 
                        striking ``with respect to the District of 
                        Columbia, the mayor of the District of 
                        Columbia'' both places it appears and inserting 
                        ``with respect to the Capital, the commanding 
                        general of the Capital National Guard''; and
                          (ii) in subsection (c)(2), by striking 
                        ``District of Columbia'' and inserting 
                        ``Capital''.
                  (D) Payment of claims: availability of 
                appropriations.--In paragraph (2)(B) of section 2732, 
                by striking ``District of Columbia'' and inserting 
                ``Capital''.
                  (E) Members of army national guard: detail as 
                students, observers, and investigators at educational 
                institutions, industrial plants, and hospitals.--In 
                section 7401(c), by striking ``District of Columbia'' 
                and inserting ``Capital''.
                  (F) Members of air national guard: detail as 
                students, observers, and investigators at educational 
                institutions, industrial plants, and hospitals.--In 
                section 9401(c), by striking ``District of Columbia'' 
                and inserting ``Capital''.
                  (G) Ready reserve: failure to satisfactorily perform 
                prescribed training.--In section 10148(b)--
                          (i) by striking ``District of Columbia,'' and 
                        inserting ``Capital,''; and
                          (ii) by striking ``District of Columbia 
                        National Guard'' and inserting ``Capital 
                        National Guard''.
                  (H) Chief of the national guard bureau.--In section 
                10502(a)(1)--
                          (i) by striking ``District of Columbia,'' and 
                        inserting ``Capital,''; and
                          (ii) by striking ``District of Columbia 
                        National Guard'' and inserting ``Capital 
                        National Guard''.
                  (I) Vice chief of the national guard bureau.--In 
                section 10505(a)(1)(A)--
                          (i) by striking ``District of Columbia,'' and 
                        inserting ``Capital,''; and
                          (ii) by striking ``District of Columbia 
                        National Guard'' and inserting ``Capital 
                        National Guard''.
                  (J) Other senior national guard bureau officers.--In 
                subparagraphs (A) and (B) of section 10506(a)(1)--
                          (i) by striking ``District of Columbia,'' 
                        both places it appears and inserting 
                        ``Capital,''; and
                          (ii) by striking ``District of Columbia 
                        National Guard'' both places it appears and 
                        inserting ``Capital National Guard''.
                  (K) National guard bureau: general provisions.--In 
                section 10508(b)(1), by striking ``District of 
                Columbia'' and inserting ``Capital''.
                  (L) Commissioned officers: original appointment; 
                limitation.--In section 12204(b), by striking 
                ``District of Columbia'' and inserting ``Capital''.
                  (M) Reserve components generally.--In section 
                12301(b), by striking ``District of Columbia National 
                Guard'' both places it appears and inserting ``Capital 
                National Guard''.
                  (N) National guard in federal service: call.--In 
                section 12406--
                          (i) by striking ``District of Columbia,'' and 
                        inserting ``Capital,''; and
                          (ii) by striking ``National Guard of the 
                        District of Columbia'' and inserting ``Capital 
                        National Guard''.
                  (O) Result of failure to comply with standards and 
                qualifications.--In section 12642(c), by striking 
                ``District of Columbia'' and inserting ``Capital''.
                  (P) Limitation on relocation of national guard 
                units.--In section 18238--
                          (i) by striking ``District of Columbia,'' and 
                        inserting ``Capital,''; and
                          (ii) by striking ``National Guard of the 
                        District of Columbia'' and inserting ``Capital 
                        National Guard''.

SEC. 116. TERMINATION OF LEGAL STATUS OF SEAT OF GOVERNMENT OF UNITED 
                    STATES AS MUNICIPAL CORPORATION.

  Notwithstanding section 2 of the Revised Statutes relating to the 
District of Columbia (sec. 1-102, D.C. Official Code) or any other 
provision of law codified in subchapter I of chapter 1 of the District 
of Columbia Official Code, effective upon the date of the admission of 
the State into the Union, the Capital (or any portion thereof) shall 
not serve as a government and shall not be a body corporate for 
municipal purposes.

        Subtitle C--General Provisions Relating to Laws of State

SEC. 121. EFFECT OF ADMISSION ON CURRENT LAWS.

  (a) Legislative Power.--The legislative power of the State shall 
extend to all rightful subjects of legislation in the State, consistent 
with the Constitution of the United States (including the restrictions 
and limitations imposed upon the States by article I, section 10) and 
subject to the provisions of this Act.
  (b) Continuation of Authority and Duties of Members of Executive, 
Legislative, and Judicial Offices.--Upon the admission of the State 
into the Union, members of executive, legislative, and judicial offices 
of the District of Columbia shall be deemed members of the respective 
executive, legislative, and judicial offices of the State, as provided 
by the State Constitution and the laws of the State.
  (c) Treatment of Federal Laws.--To the extent that any law of the 
United States applies to the States generally, the law shall have the 
same force and effect in the State as elsewhere in the United States, 
except as such law may otherwise provide.
  (d) No Effect on Existing Contracts.--Nothing in the admission of the 
State into the Union shall affect any obligation under any contract or 
agreement under which the District of Columbia or the United States is 
a party, as in effect on the day before the date of the admission of 
the State into the Union.
  (e) Succession in Interstate Compacts.--The State shall be deemed to 
be the successor to the District of Columbia for purposes of any 
interstate compact which is in effect on the day before the date of the 
admission of the State into the Union.
  (f) Continuation of Service of Federal Members on Boards and 
Commissions.--Nothing in the admission of the State into the Union 
shall affect the authority of a representative of the Federal 
Government who, as of the day before the date of the admission of the 
State into the Union, is a member of a board or commission of the 
District of Columbia to serve as a member of such board or commission 
or as a member of a successor to such board or commission after the 
admission of the State into the Union, as may be provided by the State 
Constitution and the laws of the State.
  (g) Special Rule Regarding Enforcement Authority of United States 
Capitol Police, United States Park Police, and United States Secret 
Service Uniformed Division.--The United States Capitol Police, the 
United States Park Police, and the United States Secret Service 
Uniformed Division may not enforce any law of the State in the State, 
except to the extent authorized by the State. Nothing in this 
subsection may be construed to affect the authority of the United 
States Capitol Police, the United States Park Police, and the United 
States Secret Service Uniformed Division to enforce any law in the 
Capital.

SEC. 122. PENDING ACTIONS AND PROCEEDINGS.

  (a) State as Legal Successor to District of Columbia.--The State 
shall be the legal successor to the District of Columbia in all 
matters.
  (b) No Effect on Pending Proceedings.--All existing writs, actions, 
suits, judicial and administrative proceedings, civil or criminal 
liabilities, prosecutions, judgments, sentences, orders, decrees, 
appeals, causes of action, claims, demands, titles, and rights shall 
continue unaffected by the admission of the State into the Union with 
respect to the State or the United States, except as may be provided 
under this Act, as may be modified in accordance with the provisions of 
the State Constitution, and as may be modified by the laws of the State 
or the United States, as the case may be.

SEC. 123. LIMITATION ON AUTHORITY TO TAX FEDERAL PROPERTY.

  The State may not impose any tax on any real or personal property 
owned or acquired by the United States, except to the extent that 
Congress may permit.

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--INTERESTS OF FEDERAL GOVERNMENT

                      Subtitle A--Federal Property

SEC. 201. 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 in the 
        State that, on the day before the date of the admission of the 
        State into the Union, 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 held for defense or Coast Guard purposes.
  (b) Authority of State.--
          (1) In general.--The reservation of authority in the United 
        States under subsection (a) shall not operate to prevent such 
        tracts or parcels of land 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 in 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 
        in the State but outside of such lands.

SEC. 202. WAIVER OF CLAIMS TO FEDERAL PROPERTY.

  (a) In General.--As a compact with the United States, the State and 
its people disclaim all right and title to any real or personal 
property not granted or confirmed to the State 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 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 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 to or the effect of any law 
        on any such claim shall be unaffected by anything in this Act.

                       Subtitle B--Federal Courts

SEC. 211. RESIDENCY REQUIREMENTS FOR CERTAIN FEDERAL OFFICIALS.

  (a) Circuit Judges.--Section 44(c) of title 28, United States Code, 
is amended--
          (1) by striking ``Except in the District of Columbia, each'' 
        and inserting ``Each''; and
          (2) by striking ``within fifty miles of the District of 
        Columbia'' and inserting ``within fifty miles of the Capital''.
  (b) District Judges.--Section 134(b) of such title is amended in the 
first sentence by striking ``the District of Columbia, the Southern 
District of New York, and'' and inserting ``the Southern District of 
New York and''.
  (c) United States Attorneys.--Section 545(a) of such title is amended 
by striking the first sentence and inserting ``Each United States 
attorney shall reside in the district for which he or she is appointed, 
except that those officers of the Southern District of New York and the 
Eastern District of New York may reside within 20 miles thereof.''.
  (d) United States Marshals.--Section 561(e)(1) of such title is 
amended to read as follows:
          ``(1) the marshal for the Southern District of New York may 
        reside within 20 miles of the district; and''.
  (e) Clerks of District Courts.--Section 751(c) of such title is 
amended by striking ``the District of Columbia and''.
  (f) Effective Date.--The amendments made by this section shall apply 
only to individuals appointed after the date of the admission of the 
State into the Union.

SEC. 212. RENAMING OF FEDERAL COURTS.

  (a) Renaming.--
          (1) Circuit court.--Section 41 of title 28, United States 
        Code, is amended--
                  (A) in the first column, by striking ``District of 
                Columbia'' and inserting ``Capital''; and
                  (B) in the second column, by striking ``District of 
                Columbia'' and inserting ``Capital; Washington, 
                Douglass Commonwealth''.
          (2) District court.--Section 88 of such title is amended--
                  (A) in the heading, by striking ``District of 
                Columbia'' and inserting ``Washington, Douglass 
                Commonwealth and the Capital'';
                  (B) by amending the first paragraph to read as 
                follows:
          ``The State of Washington, Douglass Commonwealth and the 
        Capital comprise one judicial district.''; and
                  (C) in the second paragraph, by striking 
                ``Washington'' and inserting ``the Capital''.
          (3) Clerical amendment.--The item relating to section 88 in 
        the table of sections for chapter 5 of such title is amended to 
        read as follows:

``88. Washington, Douglass Commonwealth and the Capital.''.

  (b) Conforming Amendments Relating to Court of Appeals.--Title 28, 
United States Code, is amended as follows:
          (1) Appointment of judges.--Section 44(a) of such title is 
        amended in the first column by striking ``District of 
        Columbia'' and inserting ``Capital''.
          (2) Terms of court.--Section 48(a) of such title is amended--
                  (A) in the first column, by striking ``District of 
                Columbia'' and inserting ``Capital'';
                  (B) in the second column, by striking ``Washington'' 
                and inserting ``Capital'' ; and
                  (C) in the second column, by striking ``District of 
                Columbia'' and inserting ``Capital''.
          (3) Appointment of independent counsels by chief judge of 
        circuit.--Section 49 of such title is amended by striking 
        ``District of Columbia'' each place it appears and inserting 
        ``Capital''.
          (4) Circuit court jurisdiction over certification of death 
        penalty counsels.--Section 2265(c)(2) of such title is amended 
        by striking ``the District of Columbia Circuit'' and inserting 
        ``the Capital Circuit''.
          (5) Circuit court jurisdiction over review of federal agency 
        orders.--Section 2343 of such title is amended by striking 
        ``the District of Columbia Circuit'' and inserting ``the 
        Capital Circuit''.
  (c) Conforming Amendments Relating to District Court.--Title 28, 
United States Code, is amended as follows:
          (1) Appointment and number of district court judges.--Section 
        133(a) of such title is amended in the first column by striking 
        ``District of Columbia'' and inserting ``Washington, Douglass 
        Commonwealth and the Capital''.
          (2) District court jurisdiction of tax cases brought against 
        united states.--Section 1346(e) of such title is amended by 
        striking ``the District of Columbia'' and inserting 
        ``Washington, Douglass Commonwealth and the Capital''.
          (3) District court jurisdiction over proceedings for 
        forfeiture of foreign property.--Section 1355(b)(2) of such 
        title is amended by striking ``the District of Columbia'' and 
        inserting ``Washington, Douglass Commonwealth and the 
        Capital''.
          (4) District court jurisdiction over civil actions brought 
        against a foreign state.--Section 1391(f)(4) of such title is 
        amended by striking ``the District of Columbia'' and inserting 
        ``Washington, Douglass Commonwealth and the Capital''.
          (5) District court jurisdiction over actions brought by 
        corporations against united states.--Section 1402(a)(2) of such 
        title is amended by striking ``the District of Columbia'' and 
        inserting ``Washington, Douglass Commonwealth and the 
        Capital''.
          (6) Venue in district court of certain actions brought by 
        employees of executive office of the president.--Section 1413 
        of such title is amended by striking ``the District of 
        Columbia'' and inserting ``Washington, Douglass Commonwealth 
        and the Capital''.
          (7) Venue in district court of action enforcing foreign 
        judgment.--Section 2467(c)(2)(B) of such title is amended by 
        striking ``the District of Columbia'' and inserting 
        ``Washington, Douglass Commonwealth and the Capital''.
  (d) Conforming Amendments Relating to Other Courts.--Title 28, United 
States Code, is amended as follows:
          (1) Appointment of bankruptcy judges.--Section 152(a)(2) of 
        such title is amended in the first column by striking 
        ``District of Columbia'' and inserting ``Washington, Douglass 
        Commonwealth and the Capital''.
          (2) Location of court of federal claims.--Section 173 of such 
        title is amended by striking ``the District of Columbia'' and 
        inserting ``the Capital''.
          (3) Duty station of judges of court of federal claims.--
        Section 175 of such title is amended by striking ``the District 
        of Columbia'' each place it appears and inserting ``the 
        Capital''.
          (4) Duty station of judges for purposes of traveling 
        expenses.--Section 456(b) of such title is amended to read as 
        follows:
  ``(b) The official duty station of the Chief Justice of the United 
States, the Justices of the Supreme Court of the United States, and the 
judges of the United States Court of Appeals for the Federal Circuit 
shall be the Capital.''.
          (5) Court accommodations for federal circuit and court of 
        federal claims.--Section 462(d) of such title is amended by 
        striking ``the District of Columbia'' and inserting ``the 
        Capital''.
          (6) Places of holding court of court of federal claims.--
        Section 798(a) of such title is amended--
                  (A) by striking ``Washington, District of Columbia'' 
                and inserting ``the Capital''; and
                  (B) by striking ``the District of Columbia'' and 
                inserting ``the Capital''.
  (e) Other Conforming Amendments.--
          (1) Service of process on foreign parties at state department 
        office.--Section 1608(a)(4) of such title is amended by 
        striking ``Washington, District of Columbia'' and inserting 
        ``the Capital''.
          (2) Service of process in property cases at attorney general 
        office.--Section 2410(b) of such title is amended by striking 
        ``Washington, District of Columbia'' and inserting ``the 
        Capital''.
  (f) Definition.--Section 451 of title 28, United States Code, is 
amended by adding at the end the following new undesignated paragraph:
  ``The term `Capital' means the area serving as the seat of the 
Government of the United States, as described in section 112 of the 
Washington, D.C. Admission Act.''.
  (g) References in Other Laws.--Any reference in any Federal law 
(other than a law amended by this section), rule, or regulation--
          (1) to the United States Court of Appeals for the District of 
        Columbia shall be deemed to refer to the United States Court of 
        Appeals for the Capital;
          (2) to the District of Columbia Circuit shall be deemed to 
        refer to the Capital Circuit; and
          (3) to the United States District Court for the District of 
        Columbia shall be deemed to refer to the United States District 
        Court for Washington, Douglass Commonwealth and the Capital.
  (h) Effective Date.--This section and the amendments made by this 
section shall take effect upon the admission of the State into the 
Union.

SEC. 213. CONFORMING AMENDMENTS RELATING TO DEPARTMENT OF JUSTICE.

  (a) Appointment of United States Trustees.--Section 581(a)(4) of 
title 28, United States Code, is amended by striking ``the District of 
Columbia'' and inserting ``the Capital and Washington, Douglass 
Commonwealth''.
  (b) Independent Counsels.--
          (1) Appointment of additional personnel.--Section 594(c) of 
        such title is amended--
                  (A) by striking ``the District of Columbia'' the 
                first place it appears and inserting ``Washington, 
                Douglass Commonwealth and the Capital''; and
                  (B) by striking ``the District of Columbia'' the 
                second place it appears and inserting ``Washington, 
                Douglass Commonwealth''.
          (2) Judicial review of removal.--Section 596(a)(3) of such 
        title is amended by striking ``the District of Columbia'' and 
        inserting ``Washington, Douglass Commonwealth and the 
        Capital''.
  (c) Effective Date.--The amendments made by this section shall take 
effect upon the admission of the State into the Union.

SEC. 214. TREATMENT OF PRETRIAL SERVICES IN UNITED STATES DISTRICT 
                    COURT.

  Section 3152 of title 18, United States Code, is amended--
          (1) in subsection (a), by striking ``(other than the District 
        of Columbia)'' and inserting ``(subject to subsection (d), 
        other than the District of Columbia)''; and
          (2) by adding at the end the following new subsection:
  ``(d) In the case of the judicial district of Washington, Douglass 
Commonwealth and the Capital--
          ``(1) upon the admission of the State of Washington, Douglass 
        Commonwealth into the Union, the Washington, Douglass 
        Commonwealth Pretrial Services Agency shall continue to provide 
        pretrial services in the judicial district in the same manner 
        and to the same extent as the District of Columbia Pretrial 
        Services Agency provided such services in the judicial district 
        of the District of Columbia as of the day before the date of 
        the admission of the State into the Union; and
          ``(2) upon the receipt by the President of the certification 
        from the State of Washington, Douglass Commonwealth under 
        section 315(b)(4) of the Washington, D.C. Admission Act that 
        the State has in effect laws providing for the State to provide 
        pre-trial services, paragraph (1) shall no longer apply, and 
        the Director shall provide for the establishment of pretrial 
        services in the judicial district under this section.''.

                     Subtitle C--Federal Elections

SEC. 221. PERMITTING INDIVIDUALS RESIDING IN CAPITAL 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 Capital 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 Capital voter, if the 
                application is received by the appropriate State 
                election official not less than 30 days before the 
                election.
          (2) Absent capital voter defined.--In this section, the term 
        ``absent Capital voter'' means, with respect to a State, a 
        person who resides in the Capital and is qualified to vote in 
        the State (or who would be qualified to vote in the State but 
        for residing in the Capital), but only if the State is the last 
        place in which the person was domiciled before residing in the 
        Capital.
          (3) State defined.--In this section, the term ``State'' means 
        each of the several States, including the State.
  (b) Recommendations to States to Maximize Access to Polls by Absent 
Capital Voters.--To afford maximum access to the polls by absent 
Capital voters, it is the sense of Congress that the States should--
          (1) waive registration requirements for absent Capital voters 
        who, by reason of residence in the Capital, 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 
the appropriate district court of the United States 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 a Federal tax, a State 
tax, or a 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. 222. REPEAL OF OFFICE OF DISTRICT OF COLUMBIA DELEGATE.

  (a) In General.--Sections 202 and 204 of the District of Columbia 
Delegate Act (Public Law 91-405; sections 1-401 and 1-402, D.C. 
Official Code) are repealed, and the provisions of law amended or 
repealed by such sections are restored or revived as if such sections 
had not been enacted.
  (b) Conforming Amendments to District of Columbia Elections Code of 
1955.--The District of Columbia Elections Code of 1955 is amended--
          (1) in section 1 (sec. 1-1001.01, D.C. Official Code), by 
        striking ``the Delegate to the House of Representatives,'';
          (2) in section 2 (sec. 1-1001.02, D.C. Official Code)--
                  (A) by striking paragraph (6),
                  (B) in paragraph (12), by striking ``(except the 
                Delegate to Congress for the District of Columbia)'', 
                and
                  (C) in paragraph (13), by striking ``the Delegate to 
                Congress for the District of Columbia,'';
          (3) in section 8 (sec. 1-1001.08, D.C. Official Code)--
                  (A) by striking ``Delegate,'' in the heading, and
                  (B) by striking ``Delegate,'' each place it appears 
                in subsections (d), (h)(1)(A), (h)(2), (i)(1), (j)(1), 
                (j)(3), and (k)(3);
          (4) in section 10 (sec. 1-1001.10, D.C. Official Code)--
                  (A) by striking subparagraph (A) of subsection 
                (a)(3), and
                  (B) in subsection (d)--
                          (i) by striking ``Delegate,'' each place it 
                        appears in paragraph (1), and
                          (ii) by striking paragraph (2) and 
                        redesignating paragraph (3) as paragraph (2);
          (5) in section 11(a)(2) (sec. 1-1001.11(a)(2), D.C. Official 
        Code), by striking ``Delegate to the House of 
        Representatives,'';
          (6) in section 15(b) (sec. 1-1001.15(b), D.C. Official Code), 
        by striking ``Delegate,''; and
          (7) in section 17(a) (sec. 1-1001.17(a), D.C. Official Code), 
        by striking ``except the Delegate to the Congress from the 
        District of Columbia''.
  (c) Effective Date.--The amendments made by this section shall take 
effect upon the admission of the State into the Union.

SEC. 223. REPEAL OF LAW PROVIDING FOR PARTICIPATION OF SEAT OF 
                    GOVERNMENT IN ELECTION OF PRESIDENT AND VICE-
                    PRESIDENT.

  (a) In General.--Chapter 1 of title 3, United States Code, is 
amended--
          (1) by striking section 21; and
          (2) in the table of sections, by striking the item relating 
        to section 21.
  (b) Effective Date.--The amendments 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 taking 
place on or after such date.

SEC. 224. EXPEDITED PROCEDURES FOR CONSIDERATION OF CONSTITUTIONAL 
                    AMENDMENT REPEALING 23RD AMENDMENT.

  (a) Joint Resolution Described.--In this section, the term ``joint 
resolution'' means a joint resolution--
          (1) entitled ``A joint resolution proposing an amendment to 
        the Constitution of the United States to repeal the 23rd 
        article of amendment''; and
          (2) the matter after the resolving clause of which consists 
        solely of text to amend the Constitution of the United States 
        to repeal the 23rd article of amendment to the Constitution.
  (b) Expedited Consideration in House of Representatives.--
          (1) Placement on calendar.--Upon introduction in the House of 
        Representatives, the joint resolution shall be placed 
        immediately on the appropriate calendar.
          (2) Proceeding to consideration.--
                  (A) In general.--It shall be in order, not later than 
                30 legislative days after the date the joint resolution 
                is introduced in the House of Representatives, to move 
                to proceed to consider the joint resolution in the 
                House of Representatives.
                  (B) Procedure.--For a motion to proceed to consider 
                the joint resolution--
                          (i) all points of order against the motion 
                        are waived;
                          (ii) such a motion shall not be in order 
                        after the House of Representatives has disposed 
                        of a motion to proceed on the joint resolution;
                          (iii) the previous question shall be 
                        considered as ordered on the motion to its 
                        adoption without intervening motion;
                          (iv) the motion shall not be debatable; and
                          (v) a motion to reconsider the vote by which 
                        the motion is disposed of shall not be in 
                        order.
          (3) Consideration.--When the House of Representatives 
        proceeds to consideration of the joint resolution--
                  (A) the joint resolution shall be considered as read;
                  (B) all points of order against the joint resolution 
                and against its consideration are waived;
                  (C) the previous question shall be considered as 
                ordered on the joint resolution to its passage without 
                intervening motion except 10 hours of debate equally 
                divided and controlled by the proponent and an 
                opponent;
                  (D) an amendment to the joint resolution shall not be 
                in order; and
                  (E) a motion to reconsider the vote on passage of the 
                joint resolution shall not be in order.
  (c) Expedited Consideration in Senate.--
          (1) Placement on calendar.--Upon introduction in the Senate, 
        the joint resolution shall be placed immediately on the 
        calendar.
          (2) Proceeding to consideration.--
                  (A) In general.--Notwithstanding rule XXII of the 
                Standing Rules of the Senate, it is in order, not later 
                than 30 legislative days after the date the joint 
                resolution is introduced in the Senate (even though a 
                previous motion to the same effect has been disagreed 
                to) to move to proceed to the consideration of the 
                joint resolution.
                  (B) Procedure.--For a motion to proceed to the 
                consideration of the joint resolution--
                          (i) all points of order against the motion 
                        are waived;
                          (ii) the motion is not debatable;
                          (iii) the motion is not subject to a motion 
                        to postpone;
                          (iv) a motion to reconsider the vote by which 
                        the motion is agreed to or disagreed to shall 
                        not be in order; and
                          (v) if the motion is agreed to, the joint 
                        resolution shall remain the unfinished business 
                        until disposed of.
          (3) Floor consideration.--
                  (A) In general.--If the Senate proceeds to 
                consideration of the joint resolution--
                          (i) all points of order against the joint 
                        resolution (and against consideration of the 
                        joint resolution) are waived;
                          (ii) consideration of the joint resolution, 
                        and all debatable motions and appeals in 
                        connection therewith, shall be limited to not 
                        more than 30 hours, which shall be divided 
                        equally between the majority and minority 
                        leaders or their designees;
                          (iii) a motion further to limit debate is in 
                        order and not debatable;
                          (iv) an amendment to, a motion to postpone, 
                        or a motion to commit the joint resolution is 
                        not in order; and
                          (v) a motion to proceed to the consideration 
                        of other business is not in order.
                  (B) Vote on passage.--In the Senate the vote on 
                passage shall occur immediately following the 
                conclusion of the consideration of the joint 
                resolution, and a single quorum call at the conclusion 
                of the debate if requested in accordance with the rules 
                of the Senate.
                  (C) Rulings of the chair on procedure.--Appeals from 
                the decisions of the Chair relating to the application 
                of this subsection or the rules of the Senate, as the 
                case may be, to the procedure relating to the joint 
                resolution shall be decided without debate.
  (d) Rules Relating to Senate and House of Representatives.--
          (1) Coordination with action by other house.--If, before the 
        passage by one House of the joint resolution of that House, 
        that House receives from the other House the joint resolution--
                  (A) the joint resolution of the other House shall not 
                be referred to a committee; and
                  (B) with respect to the joint resolution of the House 
                receiving the resolution--
                          (i) the procedure in that House shall be the 
                        same as if no joint resolution had been 
                        received from the other House; and
                          (ii) the vote on passage shall be on the 
                        joint resolution of the other House.
          (2) Treatment of joint resolution of other house.--If one 
        House fails to introduce or consider the joint resolution under 
        this section, the joint resolution of the other House shall be 
        entitled to expedited floor procedures under this section.
          (3) Treatment of companion measures.--If, following passage 
        of the joint resolution in the Senate, the Senate receives the 
        companion measure from the House of Representatives, the 
        companion measure shall not be debatable.
  (e) Rules of House of Representatives and Senate.--This section is 
enacted by Congress--
          (1) as an exercise of the rulemaking power of the Senate and 
        House of Representatives, respectively, and as such is deemed a 
        part of the rules of each House, respectively, but applicable 
        only with respect to the procedure to be followed in that House 
        in the case of the joint resolution, and supersede other rules 
        only to the extent that it is inconsistent with such rules; and
          (2) with full recognition of the constitutional right of 
        either House to change the rules (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.

  TITLE III--CONTINUATION OF CERTAIN AUTHORITIES AND RESPONSIBILITIES

                     Subtitle A--Employee Benefits

SEC. 301. FEDERAL BENEFIT PAYMENTS UNDER CERTAIN RETIREMENT PROGRAMS.

  (a) Continuation of Entitlement to Payments.--Any individual who, as 
of the day before the date of the admission of the State into the 
Union, is entitled to a Federal benefit payment under the District of 
Columbia Retirement Protection Act of 1997 (subtitle A of title XI of 
the National Capital Revitalization and Self-Government Improvement Act 
of 1997; sec. 1-801.01 et seq., D.C. Official Code) shall continue to 
be entitled to such a payment after the admission of the State into the 
Union, in the same manner, to the same extent, and subject to the same 
terms and conditions applicable under such Act.
  (b) Obligations of Federal Government.--
          (1) In general.--Any obligation of the Federal Government 
        under the District of Columbia Retirement Protection Act of 
        1997 which exists with respect to any individual or with 
        respect to the District of Columbia as of the day before the 
        date of the admission of the State into the Union shall remain 
        in effect with respect to such an individual and with respect 
        to the State after the admission of the State into the Union, 
        in the same manner, to the same extent, and subject to the same 
        terms and conditions applicable under such Act.
          (2) D.C. federal pension fund.--Any obligation of the Federal 
        Government under chapter 9 of the District of Columbia 
        Retirement Protection Act of 1997 (sec. 1-817.01 et seq., D.C. 
        Official Code) with respect to the D.C. Federal Pension Fund 
        which exists as of the day before the date of the admission of 
        the State into the Union shall remain in effect with respect to 
        such Fund after the admission of the State into the Union, in 
        the same manner, to the same extent, and subject to the same 
        terms and conditions applicable under such chapter.
  (c) Obligations of State.--Any obligation of the District of Columbia 
under the District of Columbia Retirement Protection Act of 1997 which 
exists with respect to any individual or with respect to the Federal 
Government as of the day before the date of the admission of the State 
into the Union shall become an obligation of the State with respect to 
such an individual and with respect to the Federal Government after the 
admission of the State into the Union, in the same manner, to the same 
extent, and subject to the same terms and conditions applicable under 
such Act.

SEC. 302. CONTINUATION OF FEDERAL CIVIL SERVICE BENEFITS FOR EMPLOYEES 
                    FIRST EMPLOYED PRIOR TO ESTABLISHMENT OF DISTRICT 
                    OF COLUMBIA MERIT PERSONNEL SYSTEM.

  (a) Obligations of Federal Government.--Any obligation of the Federal 
Government under title 5, United States Code, which exists with respect 
to an individual described in subsection (c) or with respect to the 
District of Columbia as of the day before the date of the admission of 
the State into the Union shall remain in effect with respect to such 
individual and with respect to the State after the admission of the 
State into the Union, in the same manner, to the same extent, and 
subject to the same terms and conditions applicable under such title.
  (b) Obligations of State.--Any obligation of the District of Columbia 
under title 5, United States Code, which exists with respect to an 
individual described in subsection (c) or with respect to the Federal 
Government as of the day before the date of the admission of the State 
into the Union shall become an obligation of the State with respect to 
such individual and with respect to the Federal Government after the 
admission of the State into the Union, in the same manner, to the same 
extent, and subject to the same terms and conditions applicable under 
such title.
  (c) Individuals Described.--An individual described in this 
subsection is an individual who was first employed by the government of 
the District of Columbia before October 1, 1987.

SEC. 303. OBLIGATIONS OF FEDERAL GOVERNMENT UNDER JUDGES' RETIREMENT 
                    PROGRAM.

  (a) Continuation of Obligations.--
          (1) In general.--Any obligation of the Federal Government 
        under subchapter III of chapter 15 of title 11, District of 
        Columbia Official Code--
                  (A) which exists with respect to any individual and 
                the District of Columbia as the result of service 
                accrued prior to the date of the admission of the State 
                into the Union shall remain in effect with respect to 
                such an individual and with respect to the State after 
                the admission of the State into the Union, in the same 
                manner, to the same extent, and subject to the same 
                terms and conditions applicable under such subchapter; 
                and
                  (B) subject to paragraph (2), shall exist with 
                respect to any individual and the State as the result 
                of service accrued after the date of the admission of 
                the State into the Union in the same manner, to the 
                same extent, and subject to the same terms and 
                conditions applicable under such subchapter as such 
                obligation existed with respect to individuals and the 
                District of Columbia as of the date of the admission of 
                the State into the Union.
          (2) Treatment of service accrued after taking effect of state 
        retirement program.--Subparagraph (B) of paragraph (1) does not 
        apply to service accrued on or after the termination date 
        described in subsection (b).
  (b) Termination Date.--The termination date described in this 
subsection is the date on which the State provides written 
certification to the President that the State has in effect laws 
requiring the State to appropriate and make available funds for the 
retirement of judges of the State.

                          Subtitle B--Agencies

SEC. 311. PUBLIC DEFENDER SERVICE.

  (a) Continuation of Operations and Funding.--
          (1) In general.--Except as provided in paragraph (2) and 
        subsection (b), title III of the District of Columbia Court 
        Reform and Criminal Procedure Act of 1970 (sec. 2-1601 et seq., 
        D.C. Official Code) shall apply with respect to the State and 
        to the public defender service of the State after the date of 
        the admission of the State into the Union in the same manner 
        and to the same extent as such title applied with respect to 
        the District of Columbia and the District of Columbia Public 
        Defender Service as of the day before the date of the admission 
        of the State into the Union.
          (2) Responsibility for employer contribution.--For purposes 
        of paragraph (2) of section 305(c) of such Act (sec. 2-
        1605(c)(2), D.C. Official Code), the Federal Government shall 
        be treated as the employing agency with respect to the benefits 
        provided under such section to an individual who is an employee 
        of the public defender service of the State and who, pursuant 
        to section 305(c) of such Act (sec. 2-1605(c), D.C. Official 
        Code), is treated as an employee of the Federal Government for 
        purposes of receiving benefits under any chapter of subpart G 
        of part III of title 5, United States Code.
  (b) Renaming of Service.--Effective upon the date of the admission of 
the State into the Union, the State may rename the public defender 
service of the State.
  (c) Continuation of Federal Benefits for Employees.--
          (1) In general.--Any individual who is an employee of the 
        public defender service of the State as of the day before the 
        date described in subsection (d) and who, pursuant to section 
        305(c) of the District of Columbia Court Reform and Criminal 
        Procedure Act of 1970 (sec. 2-1605(c), D.C. Official Code), is 
        treated as an employee of the Federal Government for purposes 
        of receiving benefits under any chapter of subpart G of part 
        III of title 5, United States Code, shall continue to be 
        treated as an employee of the Federal Government for such 
        purposes, notwithstanding the termination of the provisions of 
        subsection (a) under subsection (d).
          (2) Responsibility for employer contribution.--Beginning on 
        the date described in subsection (d), the State shall be 
        treated as the employing agency with respect to the benefits 
        described in paragraph (1) which are provided to an individual 
        who, for purposes of receiving such benefits, is continued to 
        be treated as an employee of the Federal Government under such 
        paragraph.
  (d) Termination.--Subsection (a) shall terminate upon the date on 
which the State provides written certification to the President that 
the State has in effect laws requiring the State to appropriate and 
make available funds for the operation of the office of the State which 
provides the services described in title III of the District of 
Columbia Court Reform and Criminal Procedure Act of 1970 (sec. 2-1601 
et seq., D.C. Official Code).

SEC. 312. PROSECUTIONS.

  (a) Assignment of Assistant United States Attorneys.--
          (1) In general.--In accordance with subchapter VI of chapter 
        33 of title 5, United States Code, the Attorney General, with 
        the concurrence of the District of Columbia or the State (as 
        the case may be), shall provide for the assignment of assistant 
        United States attorneys to the State to carry out the functions 
        described in subsection (b).
          (2) Assignments made on detail without reimbursement by 
        state.--In accordance with section 3373 of title 5, United 
        States Code--
                  (A) an assistant United States attorney who is 
                assigned to the State under this section shall be 
                deemed under subsection (a) of such section to be on 
                detail to a regular work assignment in the Department 
                of Justice; and
                  (B) the assignment of an assistant United States 
                attorney to the State under this section shall be made 
                without reimbursement by the State of the pay of the 
                attorney or any related expenses.
  (b) Functions Described.--The functions described in this subsection 
are criminal prosecutions conducted in the name of the State which 
would have been conducted in the name of the United States by the 
United States attorney for the District of Columbia or his or her 
assistants, as provided under section 23-101(c), District of Columbia 
Official Code, but for the admission of the State into the Union.
  (c) Minimum Number Assigned.--The number of assistant United States 
attorneys who are assigned under this section may not be less than the 
number of assistant United States attorneys whose principal duties as 
of the day before the date of the admission of the State into the Union 
were to conduct criminal prosecutions in the name of the United States 
under section 23-101(c), District of Columbia Official Code.
  (d) Termination.--The obligation of the Attorney General to provide 
for the assignment of assistant United States attorneys under this 
section shall terminate upon written certification by the State to the 
President that the State has appointed attorneys of the State to carry 
out the functions described in subsection (b).
  (e) Clarification Regarding Clemency Authority.--
          (1) In general.--Effective upon the admission of the State 
        into the Union, the authority to grant clemency for offenses 
        against the District of Columbia or the State shall be 
        exercised by such person or persons, and under such terms and 
        conditions, as provided by the State Constitution and the laws 
        of the State, without regard to whether the prosecution for the 
        offense was conducted by the District of Columbia, the State, 
        or the United States.
          (2) Definition.--In this subsection, the term ``clemency'' 
        means a pardon, reprieve, or commutation of sentence, or a 
        remission of a fine or other financial penalty.

SEC. 313. SERVICE OF UNITED STATES MARSHALS.

  (a) Provision of Services for Courts of State.--The United States 
Marshals Service shall provide services with respect to the courts and 
court system of the State in the same manner and to the same extent as 
the Service provided services with respect to the courts and court 
system of the District of Columbia as of the day before the date of the 
admission of the State into the Union, except that the President shall 
not appoint a United States Marshal under section 561 of title 28, 
United States Code, for any court of the State.
  (b) Termination.--The obligation of the United States Marshals 
Service to provide services under this section shall terminate upon 
written certification by the State to the President that the State has 
appointed personnel of the State to provide such services.

SEC. 314. DESIGNATION OF FELONS TO FACILITIES OF BUREAU OF PRISONS.

  (a) Continuation of Designation.--Chapter 1 of subtitle C of title XI 
of the National Capital Revitalization and Self-Government Improvement 
Act of 1997 (sec. 24-101 et seq., D.C. Official Code) and the 
amendments made by such chapter--
          (1) shall continue to apply with respect to individuals 
        convicted of offenses under the laws of the District of 
        Columbia prior to the date of the admission of the State into 
        the Union; and
          (2) shall apply with respect to individuals convicted of 
        offenses under the laws of the State after the date of the 
        admission of the State into the Union in the same manner and to 
        the same extent as such chapter and amendments applied with 
        respect to individuals convicted of offenses under the laws of 
        the District of Columbia prior to the date of the admission of 
        the State into the Union.
  (b) Termination.--The provisions of this section shall terminate upon 
written certification by the State to the President that the State has 
in effect laws for the housing of individuals described in subsection 
(a) in correctional facilities.

SEC. 315. PAROLE AND SUPERVISION.

  (a) United States Parole Commission.--
          (1) Parole.--The United States Parole Commission--
                  (A) shall continue to exercise the authority to 
                grant, deny, and revoke parole, and to impose 
                conditions upon an order of parole, in the case of any 
                individual who is an imprisoned felon who is eligible 
                for parole or reparole under the laws of the District 
                of Columbia as of the day before the date of the 
                admission of the State into the Union, as provided 
                under section 11231 of the National Capital 
                Revitalization and Self-Government Improvement Act of 
                1997 (sec. 24-131, D.C. Official Code); and
                  (B) shall exercise the authority to grant, deny, and 
                revoke parole, and to impose conditions upon an order 
                of parole, in the case of any individual who is an 
                imprisoned felon who is eligible for parole or reparole 
                under the laws of the State in the same manner and to 
                the same extent as the Commission exercised in the case 
                of any individual described in subparagraph (A).
          (2) Supervision of released offenders.--The United States 
        Parole Commission--
                  (A) shall continue to exercise the authority over 
                individuals who are released offenders of the District 
                of Columbia as of the day before the date of the 
                admission of the State into the Union, as provided 
                under section 11233(c)(2) of the National Capital 
                Revitalization and Self-Government Improvement Act of 
                1997 (sec. 24-133(c)(2), D.C. Official Code); and
                  (B) shall exercise authority over individuals who are 
                released offenders of the State in the same manner and 
                to the same extent as the Commission exercised 
                authority over individuals described in subparagraph 
                (A).
          (3) Continuation of federal benefits for employees.--
                  (A) Continuation.--Any individual who is an employee 
                of the United States Parole Commission as of the later 
                of the day before the date described in subparagraph 
                (A) of paragraph (4) or the day before the date 
                described in subparagraph (B) of paragraph (4) and who, 
                on or after such date, is an employee of the office of 
                the State which exercises the authority described in 
                either such subparagraph, shall continue to be treated 
                as an employee of the Federal Government for purposes 
                of receiving benefits under any chapter of subpart G of 
                part III of title 5, United States Code, 
                notwithstanding the termination of the provisions of 
                this subsection under paragraph (4).
                  (B) Responsibility for employer contribution.--
                Beginning on the later of the date described in 
                subparagraph (A) of paragraph (4) or the date described 
                in subparagraph (B) of paragraph (4), the State shall 
                be treated as the employing agency with respect to the 
                benefits described in subparagraph (A) which are 
                provided to an individual who, for purposes of 
                receiving such benefits, is continued to be treated as 
                an employee of the Federal Government under such 
                subparagraph.
          (4) Termination.--The provisions of this subsection shall 
        terminate--
                  (A) in the case of paragraph (1), on the date on 
                which the State provides written certification to the 
                President that the State has in effect laws providing 
                for the State to exercise the authority to grant, deny, 
                and revoke parole, and to impose conditions upon an 
                order of parole, in the case of any individual who is 
                an imprisoned felon who is eligible for parole or 
                reparole under the laws of the State; and
                  (B) in the case of paragraph (2), on the date on 
                which the State provides written certification to the 
                President that the State has in effect laws providing 
                for the State to exercise authority over individuals 
                who are released offenders of the State.
  (b) Court Services and Offender Supervision Agency.--
          (1) Renaming.--Effective upon the date of the admission of 
        the State into the Union--
                  (A) the Court Services and Offender Supervision 
                Agency for the District of Columbia shall be known and 
                designated as the Court Services and Offender 
                Supervision Agency for Washington, Douglass 
                Commonwealth, and any reference in any law, rule, or 
                regulation to the Court Services and Offender 
                Supervision Agency for the District of Columbia shall 
                be deemed to refer to the Court Services and Offender 
                Supervision Agency for Washington, Douglass 
                Commonwealth; and
                  (B) the District of Columbia Pretrial Services Agency 
                shall be known and designated as the Washington, 
                Douglass Commonwealth Pretrial Services Agency, and any 
                reference in any law, rule or regulation to the 
                District of Columbia Pretrial Services Agency shall be 
                deemed to refer to the Washington, Douglass 
                Commonwealth Pretrial Services Agency.
          (2) In general.--The Court Services and Offender Supervision 
        Agency for Washington, Douglass Commonwealth, including the 
        Washington, Douglass Commonwealth Pretrial Services Agency (as 
        renamed under paragraph (1))--
                  (A) shall continue to provide pretrial services with 
                respect to individuals who are charged with an offense 
                in the District of Columbia, provide supervision for 
                individuals who are offenders on probation, parole, and 
                supervised release pursuant to the laws of the District 
                of Columbia, and carry out sex offender registration 
                functions with respect to individuals who are sex 
                offenders in the District of Columbia, as of the day 
                before the date of the admission of the State into the 
                Union, as provided under section 11233 of the National 
                Capital Revitalization and Self-Government Improvement 
                Act of 1997 (sec. 24-133, D.C. Official Code); and
                  (B) shall provide pretrial services with respect to 
                individuals who are charged with an offense in the 
                State, provide supervision for offenders on probation, 
                parole, and supervised release pursuant to the laws of 
                the State, and carry out sex offender registration 
                functions in the State, in the same manner and to the 
                same extent as the Agency provided such services and 
                supervision and carried out such functions for 
                individuals described in subparagraph (A).
          (3) Continuation of federal benefits for employees.--
                  (A) Continuation.--Any individual who is an employee 
                of the Court Services and Offender Supervision Agency 
                for Washington, Douglass Commonwealth as of the day 
                before the date described in paragraph (4), and who, on 
                or after such date, is an employee of the office of the 
                State which provides the services and carries out the 
                functions described in paragraph (4), shall continue to 
                be treated as an employee of the Federal Government for 
                purposes of receiving benefits under any chapter of 
                subpart G of part III of title 5, United States Code, 
                notwithstanding the termination of the provisions of 
                paragraph (2) under paragraph (4).
                  (B) Responsibility for employer contribution.--
                Beginning on the date described in paragraph (4), the 
                State shall be treated as the employing agency with 
                respect to the benefits described in subparagraph (A) 
                which are provided to an individual who, for purposes 
                of receiving such benefits, is continued to be treated 
                as an employee of the Federal Government under such 
                subparagraph.
          (4) Termination.--Paragraph (2) shall terminate on the date 
        on which the State provides written certification to the 
        President that the State has in effect laws providing for the 
        State to provide pretrial services, supervise offenders on 
        probation, parole, and supervised release, and carry out sex 
        offender registration functions in the State.

SEC. 316. COURTS.

  (a) Continuation of Operations.--
          (1) In general.--Except as provided in paragraphs (2) and (3) 
        and subsection (b), title 11, District of Columbia Official 
        Code, as in effect on the date before the date of the admission 
        of the State into the Union, shall apply with respect to the 
        State and the courts and court system of the State after the 
        date of the admission of the State into the Union in the same 
        manner and to the same extent as such title applied with 
        respect to the District of Columbia and the courts and court 
        system of the District of Columbia as of the day before the 
        date of the admission of the State into the Union.
          (2) Responsibility for employer contribution.--For purposes 
        of paragraph (2) of section 11-1726(b) and paragraph (2) of 
        section 11-1726(c), District of Columbia Official Code, the 
        Federal Government shall be treated as the employing agency 
        with respect to the benefits provided under such section to an 
        individual who is an employee of the courts and court system of 
        the State and who, pursuant to either such paragraph, is 
        treated as an employee of the Federal Government for purposes 
        of receiving benefits under any chapter of subpart G of part 
        III of title 5, United States Code.
          (3) Other exceptions.--
                  (A) Selection of judges.--Effective upon the date of 
                the admission of the State into the Union, the State 
                shall select judges for any vacancy on the courts of 
                the State.
                  (B) Renaming of courts and other offices.--Effective 
                upon the date of the admission of the State into the 
                Union, the State may rename any of its courts and any 
                of the other offices of its court system.
                  (C) Rules of construction.--Nothing in this paragraph 
                shall be construed--
                          (i) to affect the service of any judge 
                        serving on a court of the District of Columbia 
                        on the day before the date of the admission of 
                        the State into the Union, or to require the 
                        State to select such a judge for a vacancy on a 
                        court of the State; or
                          (ii) to waive any of the requirements of 
                        chapter 15 of title 11, District of Columbia 
                        Official Code (other than section 11-1501(a) of 
                        such Code), including subchapter II of such 
                        chapter (relating to the District of Columbia 
                        Commission on Judicial Disabilities and 
                        Tenure), with respect to the appointment and 
                        service of judges of the courts of the State.
  (b) Continuation of Federal Benefits for Employees.--
          (1) In general.--Any individual who is an employee of the 
        courts or court system of the State as of the day before the 
        date described in subsection (e) and who, pursuant to section 
        11-1726(b) or section 11-1726(c), District of Columbia Official 
        Code, is treated as an employee of the Federal Government for 
        purposes of receiving benefits under any chapter of subpart G 
        of part III of title 5, United States Code, shall continue to 
        be treated as an employee of the Federal Government for such 
        purposes, notwithstanding the termination of the provisions of 
        this section under subsection (e).
          (2) Responsibility for employer contribution.--Beginning on 
        the date described in subsection (e), the State shall be 
        treated as the employing agency with respect to the benefits 
        described in paragraph (1) which are provided to an individual 
        who, for purposes of receiving such benefits, is continued to 
        be treated as an employee of the Federal Government under such 
        paragraph.
  (c) Continuation of Funding.--Section 11241 of the National Capital 
Revitalization and Self-Government Improvement Act of 1997 (section 11-
1743 note, District of Columbia Official Code) shall apply with respect 
to the State and the courts and court system of the State after the 
date of the admission of the State into the Union in the same manner 
and to the same extent as such section applied with respect to the 
Joint Committee on Judicial Administration in the District of Columbia 
and the courts and court system of the District of Columbia as of the 
day before the date of the admission of the State into the Union.
  (d) Treatment of Court Receipts.--
          (1) Deposit of receipts into treasury.--Except as provided in 
        paragraph (2), all money received by the courts and court 
        system of the State shall be deposited in the Treasury of the 
        United States.
          (2) Crime victims compensation fund.--Section 16 of the 
        Victims of Violent Crime Compensation Act of 1996 (sec. 4-515, 
        D.C. Official Code), relating to the Crime Victims Compensation 
        Fund, shall apply with respect to the courts and court system 
        of the State in the same manner and to the same extent as such 
        section applied to the courts and court system of the District 
        of Columbia as of the day before the date of the admission of 
        the State into the Union.
  (e) Termination.--The provisions of this section, other than 
paragraph (3) of subsection (a) and except as provided under subsection 
(b), shall terminate on the date on which the State provides written 
certification to the President that the State has in effect laws 
requiring the State to appropriate and make available funds for the 
operation of the courts and court system of the State.

               Subtitle C--Other Programs and Authorities

SEC. 321. APPLICATION OF THE COLLEGE ACCESS ACT.

  (a) Continuation.--The District of Columbia College Access Act of 
1999 (Public Law 106-98; sec. 38-2701 et seq., D.C. Official Code) 
shall apply with respect to the State, and to the public institution of 
higher education designated by the State as the successor to the 
University of the District of Columbia, after the date of the admission 
of the State into the Union in the same manner and to the same extent 
as such Act applied with respect to the District of Columbia and the 
University of the District of Columbia as of the day before the date of 
the admission of the State into the Union.
  (b) Termination.--The provisions of this section, other than with 
respect to the public institution of higher education designated by the 
State as the successor to the University of the District of Columbia, 
shall terminate upon written certification by the State to the 
President that the State has in effect laws requiring the State to 
provide tuition assistance substantially similar to the assistance 
provided under the District of Columbia College Access Act of 1999.

SEC. 322. APPLICATION OF THE SCHOLARSHIPS FOR OPPORTUNITY AND RESULTS 
                    ACT.

  (a) Continuation.--The Scholarships for Opportunity and Results Act 
(division C of Public Law 112-10; sec. 38-1853.01 et seq., D.C. 
Official Code) shall apply with respect to the State after the date of 
the admission of the State into the Union in the same manner and to the 
same extent as such Act applied with respect to the District of 
Columbia as of the day before the date of the admission of the State 
into the Union.
  (b) Termination.--The provisions of this section shall terminate upon 
written certification by the State to the President that the State has 
in effect laws requiring the State--
          (1) to provide tuition assistance substantially similar to 
        the assistance provided under the Scholarships for Opportunity 
        and Results Act; and
          (2) to provide supplemental funds to the public schools and 
        public charter schools of the State in the amounts provided in 
        the most recent fiscal year for public schools and public 
        charter schools of the State or the District of Columbia (as 
        the case may be) under such Act.

SEC. 323. MEDICAID FEDERAL MEDICAL ASSISTANCE PERCENTAGE.

  (a) Continuation.--Notwithstanding section 1905(b) of the Social 
Security Act (42 U.S.C. 1396d(b)), during the period beginning on the 
date of the admission of the State into the Union and ending on 
September 30 of the fiscal year during which the State submits the 
certification described in subsection (b), the Federal medical 
assistance percentage for the State under title XIX of such Act shall 
be the Federal medical assistance percentage for the District of 
Columbia under such title as of the day before the date of the 
admission of the State into the Union.
  (b) Termination.--The certification described in this subsection is a 
written certification by the State to the President that, during each 
of the first 5 fiscal years beginning after the date of the 
certification, the estimated revenues of the State will be sufficient 
to cover any reduction in revenues which may result from the 
termination of the provisions of this section.

SEC. 324. FEDERAL PLANNING COMMISSIONS.

  (a) National Capital Planning Commission.--
          (1) Continuing application.--Subject to the amendments made 
        by paragraphs (2) and (3), upon the admission of the State into 
        the Union, chapter 87 of title 40, United States Code, shall 
        apply as follows:
                  (A) Such chapter shall apply with respect to the 
                Capital in the same manner and to the same extent as 
                such chapter applied with respect to the District of 
                Columbia as of the day before the date of the admission 
                of the State into the Union.
                  (B) Such chapter shall apply with respect to the 
                State in the same manner and to the same extent as such 
                chapter applied with respect to the State of Maryland 
                and the Commonwealth of Virginia as of the day before 
                the date of the admission of the State into the Union.
          (2) Composition of national capital planning commission.--
        Section 8711(b) of title 40, United States Code, is amended--
                  (A) by amending subparagraph (B) of paragraph (1) to 
                read as follows:
                  ``(B) four citizens with experience in city or 
                regional planning, who shall be appointed by the 
                President.''; and
                  (B) by amending paragraph (2) to read as follows:
          ``(2) Residency requirement.--Of the four citizen members, 
        one shall be a resident of Virginia, one shall be a resident of 
        Maryland, and one shall be a resident of Washington, Douglass 
        Commonwealth.''.
          (3) Conforming amendments to definitions of terms.--
                  (A) Environs.--Paragraph (1) of section 8702 of such 
                title is amended by striking ``the territory 
                surrounding the District of Columbia'' and inserting 
                ``the territory surrounding the National Capital''.
                  (B) National capital.--Paragraph (2) of section 8702 
                of such title is amended to read as follows:
          ``(2) National capital.--The term `National Capital' means 
        the area serving as the seat of the Government of the United 
        States, as described in section 112 of the Washington, D.C. 
        Admission Act, and the territory the Federal Government owns in 
        the environs.''.
                  (C) National capital region.--Subparagraph (A) of 
                paragraph (3) of section 8702 of such title is amended 
                to read as follows:
                  ``(A) the National Capital and the State of 
                Washington, Douglass Commonwealth;''.
  (b) Commission of Fine Arts.--
          (1) Limiting application to the capital.--Section 9102(a)(1) 
        of title 40, United States Code, is amended by striking ``the 
        District of Columbia'' and inserting ``the Capital''.
          (2) Definition.--Section 9102 of such title is amended by 
        adding at the end the following new subsection:
  ``(d) Definition.--In this chapter, the term `Capital' means the area 
serving as the seat of the Government of the United States, as 
described in section 112 of the Washington, D.C. Admission Act.''.
          (3) Conforming amendment.--Section 9101(d) of such title is 
        amended by striking ``the District of Columbia'' and inserting 
        ``the Capital''.
  (c) Commemorative Works Act.--
          (1) Limiting application to capital.--Section 8902 of title 
        40, United States Code, is amended by adding at the end the 
        following new subsection:
  ``(c) Limiting Application to Capital.--This chapter applies only 
with respect to commemorative works in the Capital and its environs.''.
          (2) Definition.--Paragraph (2) of section 8902(a) of such 
        title is amended to read as follows:
          ``(2) Capital and its environs.--The term `Capital and its 
        environs' means--
                  ``(A) the area serving as the seat of the Government 
                of the United States, as described in section 112 of 
                the Washington, D.C. Admission Act; and
                  ``(B) those lands and properties administered by the 
                National Park Service and the General Services 
                Administration located in the Reserve, Area I, and Area 
                II as depicted on the map entitled `Commemorative Areas 
                Washington, DC and Environs', numbered 869/86501 B, and 
                dated June 24, 2003, that are located outside of the 
                State of Washington, Douglass Commonwealth.''.
          (3) Temporary site designation.--Section 8907(a) of such 
        title is amended by striking ``the District of Columbia'' and 
        inserting ``the Capital and its environs''.
          (4) General conforming amendments.--Chapter 89 of such title 
        is amended by striking ``the District of Columbia and its 
        environs'' each place it appears in the following sections and 
        inserting ``the Capital and its environs'':
                  (A) Section 8901(2) and 8901(4).
                  (B) Section 8902(a)(4).
                  (C) Section 8903(d).
                  (D) Section 8904(c).
                  (E) Section 8905(a).
                  (F) Section 8906(a).
                  (G) Section 8909(a) and 8909(b).
          (5) Additional conforming amendment.--Section 8901(2) of such 
        title is amended by striking ``the urban fabric of the District 
        of Columbia'' and inserting ``the urban fabric of the area 
        serving as the seat of the Government of the United States, as 
        described in section 112 of the Washington, D.C. Admission 
        Act''.
  (d) Effective Date.--This section and the amendments made by this 
section shall take effect on the date of the admission of the State 
into the Union.

SEC. 325. ROLE OF ARMY CORPS OF ENGINEERS IN SUPPLYING WATER.

  (a) Continuation of Role.--Chapter 95 of title 40, United States 
Code, is amended by adding at the end the following new section:

``Sec. 9508. Applicability to Capital and State of Washington, Douglass 
                    Commonwealth

  ``(a) In General.--Effective upon the admission of the State of 
Washington, Douglass Commonwealth into the Union, any reference in this 
chapter to the District of Columbia shall be deemed to refer to the 
Capital or the State of Washington, Douglass Commonwealth, as the case 
may be.
  ``(b) Definition.--In this section, the term `Capital' means the area 
serving as the seat of the Government of the United States, as 
described in section 112 of the Washington, D.C. Admission Act.''.
  (b) Clerical Amendment.--The table of sections of chapter 95 of such 
title is amended by adding at the end the following:

``9508. Applicability to Capital and State of Washington, Douglass 
Commonwealth.''.

SEC. 326. REQUIREMENTS TO BE LOCATED IN DISTRICT OF COLUMBIA.

  The location of any person in the Capital or Washington, Douglass 
Commonwealth on the day after the date of the admission of the State 
into the Union shall be deemed to satisfy any requirement under any law 
in effect as of the day before the date of the admission of the State 
into the Union that the person be located in the District of Columbia, 
including the requirements of section 72 of title 4, United States Code 
(relating to offices of the seat of the Government of the United 
States), and title 36, United States Code (relating to patriotic and 
national organizations).

                      TITLE IV--GENERAL PROVISIONS

SEC. 401. GENERAL DEFINITIONS.

  In this Act, the following definitions shall apply:
          (1) The term ``Capital'' means the area serving as the seat 
        of the Government of the United States, as described in section 
        112.
          (2) The term ``Council'' means the Council of the District of 
        Columbia.
          (3) The term ``Mayor'' means the Mayor of the District of 
        Columbia.
          (4) Except as otherwise provided, the term ``State'' means 
        the State of Washington, Douglass Commonwealth.
          (5) The term ``State Constitution'' means the proposed 
        Constitution of the State of Washington, D.C., as approved by 
        the Council on October 18, 2016, pursuant to the Constitution 
        and Boundaries for the State of Washington, D.C. Approval 
        Resolution of 2016 (D.C. Resolution R21-621), ratified by 
        District of Columbia voters in Advisory Referendum B approved 
        on November 8, 2016, and certified by the District of Columbia 
        Board of Elections on November 18, 2016.

SEC. 402. STATEHOOD TRANSITION COMMISSION.

  (a) Establishment.--There is established the Statehood Transition 
Commission (hereafter in this section referred to as the 
``Commission'').
  (b) Composition.--
          (1) In general.--The Commission shall be composed of 18 
        members as follows:
                  (A) 3 members appointed by the President.
                  (B) 2 members appointed by the Speaker of the House 
                of Representatives.
                  (C) 2 members appointed by the Minority Leader of the 
                House of Representatives.
                  (D) 2 members appointed by the Majority Leader of the 
                Senate.
                  (E) 2 members appointed by the Minority Leader of the 
                Senate.
                  (F) 3 members appointed by the Mayor.
                  (G) 3 members appointed by the Council.
                  (H) The Chief Financial Officer of the District of 
                Columbia.
          (2) Appointment date.--
                  (A) In general.--The appointments of the members of 
                the Commission shall be made not later than 90 days 
                after the date of the enactment of this Act.
                  (B) Effect of lack of appointment by appointment 
                date.--If one or more appointments under any of the 
                subparagraphs of paragraph (1) is not made by the 
                appointment date specified in subparagraph (A), the 
                authority to make such appointment or appointments 
                shall expire, and the number of members of the 
                Commission shall be reduced by the number equal to the 
                number of appointments so not made.
          (3) Term of service.--Each member shall be appointed for the 
        life of the Commission.
          (4) Vacancy.--A vacancy in the Commission shall be filled in 
        the manner in which the original appointment was made.
          (5) No compensation.--Members shall serve without pay, but 
        shall receive travel expenses, including per diem in lieu of 
        subsistence, in accordance with applicable provisions under 
        subchapter I of chapter 57 of title 5, United States Code.
          (6) Chair and vice chair.--The Chair and Vice Chair of the 
        Commission shall be elected by the members of the Commission--
                  (A) with respect to the Chair, from among the members 
                described in subparagraphs (A) through (E) of paragraph 
                (1); and
                  (B) with respect to the Vice Chair, from among the 
                members described in subparagraphs (F) and (G) of 
                paragraph (1).
  (c) Staff.--
          (1) Director.--The Commission shall have a Director, who 
        shall be appointed by the Chair.
          (2) Other staff.--The Director may appoint and fix the pay of 
        such additional personnel as the Director considers 
        appropriate.
          (3) Non-applicability of certain civil service laws.--The 
        Director and staff of the Commission may be appointed without 
        regard to the provisions of title 5, United States Code, 
        governing appointments in the competitive service, and may be 
        paid without regard to the provisions of chapter 51 and 
        subchapter III of chapter 53 of that title relating to 
        classification and General Schedule pay rates, except that an 
        individual so appointed may not receive pay in excess of the 
        rate payable for level V of the Executive Schedule under 
        section 5316 of such title.
          (4) Experts and consultants.--The Commission may procure 
        temporary and intermittent services under section 3109(b) of 
        title 5, United States Code, at rates for individuals not to 
        exceed the daily equivalent of the rate payable for level V of 
        the Executive Schedule under section 5316 of such title.
  (d) Duties.--The Commission shall advise the President, Congress, the 
Mayor (or, upon the admission of the State into the Union, the chief 
executive officer of the State), and the Council (or, upon the 
admission of the State into the Union, the legislature of the State) 
concerning an orderly transition to statehood for the District of 
Columbia or the State (as the case may be) and to a reduced 
geographical size of the seat of the Government of the United States, 
including with respect to property, funding, programs, projects, and 
activities.
  (e) Powers.--
          (1) Hearings and sessions.--The Commission may, for the 
        purpose of carrying out this Act, hold hearings, sit and act at 
        times and places, take testimony, and receive evidence as the 
        Commission considers appropriate.
          (2) Obtaining official data.--The Commission may secure 
        directly from any department or agency of the United States 
        information necessary to enable it to carry out this Act. Upon 
        request of the Chair of the Commission, the head of that 
        department or agency shall furnish that information to the 
        Commission.
          (3) Mails.--The Commission may use the United States mails in 
        the same manner and under the same conditions as other 
        departments and agencies of the United States.
          (4) Administrative support services.--Upon the request of the 
        Commission, the Administrator of General Services shall provide 
        to the Commission the administrative support services necessary 
        for the Commission to carry out its responsibilities under this 
        Act.
  (f) Meetings.--
          (1) In general.--The Commission shall meet at the call of the 
        Chair.
          (2) Initial meeting.--The Commission shall hold its first 
        meeting not later than the earlier of--
                  (A) 30 days after the date on which all members of 
                the Commission have been appointed; or
                  (B) if the number of members of the Commission is 
                reduced under subsection (b)(2)(B), 90 days after the 
                date of the enactment of this Act.
          (3) Quorum.--A majority of the members of the Commission 
        shall constitute a quorum, but a lesser number of members may 
        hold hearings.
  (g) Reports.--The Commission shall submit such reports as the 
Commission considers appropriate or as may be requested by the 
President, Congress, or the District of Columbia (or, upon the 
admission of the State into the Union, the State).
  (h) Termination.--The Commission shall cease to exist 2 years after 
the date of the admission of the State into the Union.

SEC. 403. CERTIFICATION OF ENACTMENT BY PRESIDENT.

  Not more than 60 days after the date of the enactment of this Act, 
the President shall provide written certification of such enactment to 
the Mayor.

SEC. 404. SEVERABILITY.

  Except as provided in section 101(c), if any provision of this Act or 
amendment made by this Act, or the application thereof to any person or 
circumstance, is held to be invalid, the remaining provisions of this 
Act and any amendments made by this Act shall not be affected by the 
holding.

                   Summary and Purpose of Legislation

    The Washington, D.C. Admission Act would admit the State of 
Washington, Douglass Commonwealth into the Union and reduce the 
size of the federal district.

                  Background and Need for Legislation

    The Merriam-Webster dictionary defines democracy as 
``government by the people'' and ``a government in which the 
supreme power is vested in the people and exercised by them 
directly or indirectly through a system of representation 
usually involving periodically held free elections.''\1\ By 
definition, the United States is a democracy, but its capital 
is not.
---------------------------------------------------------------------------
    \1\Merriam-Webster, Definition of ``Democracy'' (online at 
www.merriam-webster.com/dictionary/democracy) (accessed Apr. 3, 2021).
---------------------------------------------------------------------------
    The United States considers itself a beacon of democracy, 
but it is the only democratic country that denies both voting 
representation in its national legislature and full local self-
government to the residents of its capital.\2\ The political 
status of District of Columbia residents not only violates 
democratic principles, but it also violates our own nation's 
founding principles.
---------------------------------------------------------------------------
    \2\House Committee on the Judiciary, District of Columbia House 
Voting Rights Act of 2009, 111th Cong. (2009) (H. Rep. 111-22); George 
Washington Institute of Public Policy, Capital Cities and their 
National Governments: Washington, D.C. in Comparative Perspective (June 
11, 2007) (online at https://gwipp.gwu.edu/sites/g/files/zaxdzs2181/f/
downloads/Working_Paper_030_CapitalCities.pdf); Congressional Research 
Service, Washington, D.C., and 10 Other National Capitals: Selected 
Aspects of Governmental Structure (Mar. 29, 2002).
---------------------------------------------------------------------------
    The principles of no taxation without representation and 
consent of the governed helped launch the American Revolution 
and are enshrined in the Declaration of Independence. As then-
President Thomas Jefferson said, ``[T]he elective franchise, if 
guarded as the ark of our safety, will peaceably dissipate all 
combinations to subvert a constitution dictated by the wisdom, 
[and] resting on the will of the people. [T]hat will is the 
only legitimate foundation of any government.''\3\
---------------------------------------------------------------------------
    \3\Letter from Thomas Jefferson to Columbia, South Carolina, 
Citizens (Mar. 23, 1801) (online at https://founders.archives.gov/
documents/Jefferson/01-33-02-0350).
---------------------------------------------------------------------------
    However, nearly 245 years after the Declaration of 
Independence, District residents are taxed by a national 
legislature that denies them voting representation in such 
legislature and governed by a national legislature that denies 
them consent on both the federal and District laws passed by 
such legislature.
    The Supreme Court has held that the right to vote is a 
fundamental right and preservative of other rights. In Wesberry 
v. Sanders, the Court explained, ``No right is more precious in 
a free country than that of having a voice in the election of 
those who make the laws under which, as good citizens, we must 
live. Other rights, even the most basic, are illusory if the 
right to vote is undermined.''\4\ In Yick Wo v. Hopkins, the 
Court described ``the political franchise of voting as a 
fundamental political right, because [it is] preservative of 
all rights.''\5\ In Reynolds v. Sims, the Court said, 
``Undoubtedly, the right of suffrage is a fundamental matter in 
a free and democratic society'' and ``the right to exercise the 
franchise in a free and unimpaired manner is preservative of 
other basic civil and political rights.''\6\
---------------------------------------------------------------------------
    \4\Wesberry v. Sanders, 376 U.S. 1, 17 (1964).
    \5\Yick Wo v. Hopkins, 118 U.S. 356, 370 (1886).
    \6\Reynolds v. Sims, 377 U.S. 533, 561-562 (1964).
---------------------------------------------------------------------------
    Republicans used to acknowledge the importance of voting 
rights in a democracy. Then-President Ronald Reagan said, ``For 
this nation to remain true to its principles, we cannot allow 
any American's vote to be denied, diluted or defiled. The right 
to vote is the crown jewel of American liberties.''\7\
---------------------------------------------------------------------------
    \7\President Ronald Reagan, Statement About Extension of the Voting 
Rights Act (Nov. 6, 1981) (online at www.reaganlibrary.gov/archives/
speech/statement-about-extension-voting-rights-act).
---------------------------------------------------------------------------
    Republicans also used to acknowledge the importance of 
voting rights for District residents. Then-President Richard 
Nixon said, ``It should offend the democratic senses of this 
nation'' that District residents do not have voting 
representation in Congress.\8\
---------------------------------------------------------------------------
    \8\President Richard Nixon, Special Message to the Congress on the 
District of Columbia (Apr. 28, 1969) (online at 
www.presidency.ucsb.edu/documents/special-message-the-congress-the-
district-columbia).
---------------------------------------------------------------------------
    Since 1801, Congress has chosen to deny District residents, 
who have all of the obligations of citizenship, voting 
representation in Congress and full local self-government. 
Congress can choose differently. H.R. 51 would do so.

Constitutional Authority

    The Constitution gives Congress the authority to admit the 
State of Washington, Douglass Commonwealth (the ``State'') and 
to reduce the size of the federal district. This conclusion is 
based on the text of the Constitution. In contrast, those who 
believe Congress does not have such authority reach that 
conclusion based on implication only.

Admissions Clause

    The Admissions Clause of the Constitution gives Congress 
the authority to admit new states--in pertinent part, the 
Clause says, ``New States may be admitted by the Congress into 
this Union.''\9\ Congress has admitted all 37 new states by 
simple legislation.\10\ There has never been a successful 
federal court challenge to the admission of a state.\11\ The 
Constitution imposes limitations on the authority of Congress 
to admit new states, but none would be violated by H.R. 51.
---------------------------------------------------------------------------
    \9\U.S. Const. art. IV, Sec.  3, cl. 1.
    \10\Luis R. Davila-Colon, Equal Citizenship, Self-Determination, 
and the U.S. Statehood Process: A Constitutional and Historical 
Analysis, 13 Case W. Res. J. Int'l L. 315, 317 (1981) (online at 
https://scholarlycommons.law.case.edu/cgi/
viewcontent.cgi?article=1860&context=jil).
    \11\House Committee on Oversight and Reform, Testimony of Mainon A. 
Schwartz, Hearing on H.R. 51: Making D.C. the 51st State, 117th Cong. 
(Mar. 22, 2021) (online at https://docs.house.gov/meetings/GO/GO00/
20210322/111360/HHRG-117-GO00-Wstate-SchwartzM-20210322.pdf).
---------------------------------------------------------------------------
    The Admissions Clause prohibits Congress from admitting a 
new state from an existing state without the consent of the 
existing state. In pertinent part, the Admissions Clause says, 
``[N]o new State shall be formed or erected within the 
Jurisdiction of any other State; nor any State be formed by the 
Junction of two or more States, or Parts of States, without the 
Consent of the Legislatures of the States concerned as well as 
of the Congress.''\12\ The admission of the State would not 
require the consent of a state, because the State would consist 
of land ceded by the federal government that is not within the 
jurisdiction of a state.
---------------------------------------------------------------------------
    \12\U.S. Const. art. IV, Sec.  3, cl. 1.
---------------------------------------------------------------------------
    The federal district consists of land ceded by Maryland to 
the federal government to create the federal district. Maryland 
does not have any jurisdiction over the federal district. The 
Maryland statute that ceded the land ``forever ceded and 
relinquished [the land] to the Congress and government of the 
United States, in full and absolute right, and exclusive 
jurisdiction.''\13\ The Maryland statute does not contain a 
clause that reverts the land to Maryland if it is not used for 
the federal district. In addition, Maryland law disfavors 
implied reversionary interests.\14\ Therefore, Maryland has no 
right to give or withhold consent to the admission of the 
State.
---------------------------------------------------------------------------
    \13\1791 Md. Acts ch. 45, Sec.  2.
    \14\Peter Raven-Hansen, The Constitutionality of D.C. Statehood, 60 
Geo. Wash. L. Rev. 160, 180 (1991).
---------------------------------------------------------------------------
    The admission of Ohio is analogous. Ohio was formed from 
land ceded by Connecticut to the United States. Connecticut's 
consent was not required to admit Ohio.\15\
---------------------------------------------------------------------------
    \15\Senate Homeland Security and Governmental Affairs Committee, 
Testimony of Viet Dinh, Hearing on Equality for the District of 
Columbia: Discussing the Implications of S. 132, The New Columbia 
Admission Act of 2013, 113th Cong. (Sept. 15, 2014) (online at 
www.govinfo.gov/content/pkg/CHRG-113shrg92904/pdf/CHRG 
113shrg92904.pdf).
---------------------------------------------------------------------------
    The Guarantee Clause of the Constitution guarantees each 
state ``a Republican Form of Government.''\16\ H.R. 51 would 
declare that the State constitution ``always be republican in 
form.'' The State constitution provides a representative 
government.\17\
---------------------------------------------------------------------------
    \16\U.S. Const. art. IV, Sec.  4.
    \17\63 D.C. Reg. 46.
---------------------------------------------------------------------------
    The Supreme Court's equal footing doctrine requires new 
states to be admitted on an equal footing with the other 
states. Congress may not impose conditions on a new state that 
it could not impose on an existing state.\18\ H.R. 51 would 
declare the State ``admitted into the Union on an equal footing 
with the other States in all respects whatever.'' H.R. 51 would 
not impose conditions on the State that violate the equal 
footing doctrine.
---------------------------------------------------------------------------
    \18\Luis R. Davila-Colon, Equal Citizenship, Self-Determination, 
and the U.S. Statehood Process: A Constitutional and Historical 
Analysis, 13 Case W. Res. J. Int'l L. 315, 326 351 (1981) (online at 
https://scholarlycommons.law.case.edu/cgi/
viewcontent.cgi?article=1860&context=jil).
---------------------------------------------------------------------------

District Clause

    The District Clause of the Constitution gives Congress 
plenary authority over the federal district and establishes a 
maximum size of the federal district (100 square miles).\19\ 
The text of the District Clause does not establish a minimum 
size or a location of the federal district. Therefore, Congress 
has the authority to reduce the size of the federal district, 
as it has previously done.
---------------------------------------------------------------------------
    \19\U.S. Const. art. I, Sec.  8, cl. 17.
---------------------------------------------------------------------------
    According to the Congressional Research Service (CRS):

        That the Constitution provided Congress flexibility to 
        choose not only the location, but also the size of the 
        seat of government, suggests that the Founding Fathers 
        intended to allow Congress to determine the appropriate 
        size and place of the District of Columbia. The history 
        of the Constitutional Convention suggests that the 
        Founding Fathers anticipated that Congress might need 
        to change the District of Columbia's size or location 
        after its establishment.\20\

    \20\House Committee on Oversight and Reform, Testimony of Kenneth 
R. Thomas, Hearing on H.R. 51: Making D.C. the 51st State, 116th Cong. 
(Sept. 19, 2019) (online at https://docs.house.gov/meetings/GO/GO00/
20190919/109960/HHRG-116-GO00-Wstate-ThomasK-20190919.pdf).
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    Moreover, the Property and Federal Enclave clauses of the 
Constitution give Congress the authority to acquire and dispose 
of land, and Congress has ``like Authority'' over the federal 
district and federal enclaves.\21\
---------------------------------------------------------------------------
    \21\U.S. Const. art. IV, Sec.  3, cl. 2; U.S. Const. art. I, Sec.  
8, cl. 17.
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    H.R. 51 would reduce the size of the federal district by 
approximately 66 square miles. Congress has previously changed 
the boundaries of the federal district. In 1791, the First 
Congress changed the southern boundary of the federal 
district.\22\ The Supreme Court has held that an act of the 
First Congress ``is contemporaneous and weighty evidence of 
[the Constitution's] true meaning.''\23\ In 1846, Congress 
reduced the size of the federal district by approximately 32 
square miles.\24\
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    \22\Act of March 3, 1791, ch. 17, 1 Stat. 214 (1791).
    \23\Wisconsin v. Pelican Insurance Company, 127 U.S. 265, 297 
(1888).
    \24\Act of July 9, 1846, ch. 35, 9 Stat. 35 (1846).
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    The Framers included the District Clause in the 
Constitution because they did not want the seat of the federal 
government to be dependent on a host state for services and 
protection and because they did not want a host state to have 
more power than the other states.\25\
---------------------------------------------------------------------------
    \25\See James Madison, The Federalist No. 43 (1788).
---------------------------------------------------------------------------
    Under H.R. 51, the federal district would not be within a 
state. However, the minority argues that the State would have 
more power than the other states because the State would 
surround the federal district. That is essentially the status 
quo. Today, Maryland and Virginia surround the federal 
district. The minority has not presented any evidence that 
Maryland and Virginia have more power than the other states 
because they surround the federal district.
    Some argue that H.R. 51 would violate the District Clause 
because a two-square-mile federal district would be dependent 
on states for services and protection.\26\ This claim not only 
ignores the text of the District Clause, which does not 
establish a minimum size of the federal district, but it also 
ignores the historical and current practice of the federal 
district.
---------------------------------------------------------------------------
    \26\E.g., House Committee on Oversight and Reform, Testimony of 
Roger Pilon, Ph.D., Hearing on H.R. 51: Making D.C. the 51st State, 
116th Cong. (Sept. 19, 2019) (online at https://docs.house.gov/
meetings/GO/GO00/20190919/109960/HHRG-116-GO00-Wstate-PilonR-
20190919.pdf).
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    The federal district has long been dependent on states for 
services and protection. The federal district consumes many 
services, such as electricity, food, and water, that are 
produced in states. States also consume services produced in 
other states.
    The federal district also relies on states for protection. 
For example, during presidential inaugurations, law enforcement 
agencies and National Guards from across the country help 
protect the federal district.\27\ During and after the attack 
on the U.S. Capitol on January 6, 2021, state governments 
helped protect the Capitol, and continue to do so today.\28\ In 
fact, the District police department, which is funded by 
District residents, helped to repel the attack on the Capitol 
even though Congress denies District residents voting 
representation in Congress.\29\
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    \27\Authorities Mount Record Security Effort to Ensure Inaugural 
Safety, CNN (Jan. 19, 2009) (online at www.cnn.com/2009/POLITICS/01/19/
inauguration.security/).
    \28\Virginia, Maryland Sending National Guard, Additional Police to 
DC Amid Chaos, Fox 5 (Jan. 6, 2021) (online at www.fox5dc.com/news/
virginia-maryland-sending-national-guard-additional-police-to-dc-amid-
chaos); U.S. Army, More National Guard Troops Head to DC for Inaugural 
Support (Jan. 14, 2021) (online at www.army.mil/article/242405/
more_national_guard_troops_head_to_dc_for_inaugural_support).
    \29\Senate Homeland Security and Government Affairs Committee, 
Testimony of Acting Metropolitan Police Department Chief of Police 
Robert J. Contee, III, Hearing on Examining the January 6 Attack on the 
U.S. Capitol, 117th Cong. (Feb. 23, 2021) (online at 
www.hsgac.senate.gov/imo/media/doc/Testimony-Contee-2021-02-23.pdf).
---------------------------------------------------------------------------
    The federal government's reliance on other governments for 
services and protection is not unique to the federal district. 
Federal facilities are located in every state and around the 
world. These facilities rely on state and foreign governments 
for services and protection. For example, the headquarters of 
the Department of Defense, the Central Intelligence Agency, and 
the National Security Agency are located outside of the federal 
district. Indeed, ninety-two percent of federal employees are 
located outside of the federal district and 85 percent are 
located outside of the national capital region.\30\
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    \30\Office of Personnel Management, Federal Civilian Employment 
(Sept. 2017) (online at www.opm.gov/policy-data-oversight/data-
analysis-documentation/federal-employment-reports/reports-publications/
federal-civilian-employment/).
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    The federal government has the experience and capability to 
administer and protect the reduced federal district. For 
example, from 1874 to 1967, the federal government administered 
the federal district under a presidentially appointed 
government of three commissioners.\31\
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    \31\House Committee on the District of Columbia, Governance of the 
Nation's Capital: A Summary History of the Forms and Powers of Local 
Government for the District of Columbia, 1790 to 1973, 101st Cong. 
(Nov. 1990).
---------------------------------------------------------------------------
    Today, there are approximately 30 federal police 
departments in the District.\32\ The three federal police 
departments that would protect the most important institutions 
in the reduced federal district--the Capitol, the White House, 
and the Supreme Court--collectively employ approximately 3,700 
officers.\33\ By comparison, the District police department has 
a similar number of officers.\34\ In addition, H.R. 51 would 
provide a National Guard for the reduced federal district, 
which would be an exclusively federal entity, and the federal 
government has the authority to use military forces to protect 
federal property and functions.\35\
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    \32\Metropolitan Police Department, Cooperative Agreements (online 
at https://mpdc.dc.gov/page/cooperative-agreements) (accessed Apr. 3, 
2021).
    \33\Department of Homeland Security, U.S. Secret Service: Budget 
Overview: Fiscal Year 2020 Congressional Justification (online at 
www.dhs.gov/sites/default/files/publications/19_0318_MGMT_CBJ Secret-
Service_0.pdf) (accessed Apr. 3, 2021); House Committee on 
Appropriations, Subcommittee on Legislative Branch, Testimony of United 
States Capitol Police Chief of Police Matthew R. Verderosa, Hearing on 
United States Capitol Police Budget Request for FY 2020 (Mar. 12, 
2019); Bureau of Justice Statistics, Federal Law Enforcement Officers, 
2016--Statistical Tables (Oct. 2019) (online at www.bjs.gov/content/
pub/pdf/fleo16st.pdf).
    \34\Metropolitan Police Department, Brief History of the MPDC 
(online at https://mpdc.dc.gov/page/brief-history-mpdc) (accessed Apr. 
3, 2021).
    \35\Congressional Research Service, The Posse Comitatus Act and 
Related Matters: The Use of the Military to Execute Civilian Law (Nov. 
6, 2018) (online at https://fas.org/sgp/crs/natsec/R42659.pdf).
---------------------------------------------------------------------------

23rd Amendment

    The 23rd Amendment to the Constitution allows the federal 
district to participate in the Electoral College as if it were 
a state, except it may not have more electors than the least 
populous state.\36\ H.R. 51 would not violate the 23rd 
Amendment because the text of the 23rd Amendment does not 
establish a minimum size of the federal district.
---------------------------------------------------------------------------
    \36\U.S. Const. amend. XXIII, Sec.  1.
---------------------------------------------------------------------------
    In addition, some have argued that the 23rd Amendment would 
be nullified under H.R. 51, either because the bill would 
repeal the enabling statute for the amendment, or because the 
bill would lead to the unreasonable result of allowing the 
reduced federal district to participate in the Electoral 
College.\37\ However, H.R. 51 would not violate the text of the 
23rd Amendment.
---------------------------------------------------------------------------
    \37\E.g., Peter Raven-Hansen, The Constitutionality of D.C. 
Statehood, 60 Geo. Wash. L. Rev. 160, 184 (1991); Philip G. Schrag, The 
Future of District of Columbia Home Rule, 39 Cath. U. L. Rev. 311, 348 
(1990).
---------------------------------------------------------------------------
    In any event, upon the enactment of H.R. 51, Congress and 
the states would likely quickly repeal the 23rd Amendment to 
prevent the reduced federal district from participating in the 
Electoral College. Even if the 23rd Amendment were not 
repealed, Congress may have discretion in how it awards the 
electoral votes. The 23rd Amendment provides that the federal 
district ``shall appoint'' electors ``in such manner as the 
Congress may direct.''\38\ Some have argued, for example, that 
Congress could award the electoral votes to the winner of the 
national popular vote.\39\
---------------------------------------------------------------------------
    \38\U.S. Const. amend. XXIII.
    \39\E.g., William Roberts and Sam Berger, It's Past Time To Grant 
D.C. Statehood, Center for American Progress (Aug. 19, 2020) (online at 
www.americanprogress.org/issues/democracy/news/2020/08/19/489667/past-
time-grant-d-c-statehood/).
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Political Question Doctrine

    H.R. 51 is clearly constitutional. However, there is a 
strong likelihood that a court would find that the political 
question doctrine precludes a ruling on the merits in a case 
challenging the constitutionality of H.R. 51. The Supreme Court 
has held that some questions are to be resolved by the 
political branches.\40\
---------------------------------------------------------------------------
    \40\House Committee on Oversight and Reform, Testimony of Mainon A. 
Schwartz, Hearing on H.R. 51: Making D.C. the 51st State, 117th Cong. 
(Mar. 22, 2021) (online at https://docs.house.gov/meetings/GO/GO00/
20210322/111360/HHRG-117-GO00-Wstate-SchwartzM-20210322.pdf).
---------------------------------------------------------------------------
    According to former U.S. Assistant Attorney General Viet 
Dinh:

          In many ways, Congress's admission of new States is 
        the paradigm of a political question that is not 
        justiciable in courts. The Constitution commits the 
        task exclusively to Congress under Article IV and it is 
        difficult to imagine judicially manageable standards 
        for assessing the legality of the admission.\41\
---------------------------------------------------------------------------
    \41\Senate Homeland Security and Governmental Affairs Committee, 
Testimony of Viet Dinh, Hearing on Equality for the District of 
Columbia: Discussing the Implications of S. 132, The New Columbia 
Admission Act of 2013, 113th Cong. (Sept. 15, 2014) (online at 
www.govinfo.gov/content/pkg/CHRG-113shrg92904/pdf/CHRG 
113shrg92904.pdf).

---------------------------------------------------------------------------
    Similarly, CRS has asserted:

          [B]oth the admission of new states and the power of 
        exclusive legislation over the District of Columbia are 
        textually committed to Congress in the Admissions and 
        District Clauses, respectively. Thus, courts arguably 
        could refuse to resolve a challenge to Douglass 
        Commonwealth's statehood on the ground that it 
        represents a political question textually committed to 
        Congress.\42\
---------------------------------------------------------------------------
    \42\House Committee on Oversight and Reform, Testimony of Mainon A. 
Schwartz, Hearing on H.R. 51: Making D.C. the 51st State, 117th Cong. 
(Mar. 22, 2021) (online at https://docs.house.gov/meetings/GO/GO00/
20210322/111360/HHRG-117-GO00-Wstate-SchwartzM-20210322.pdf).

    In fact, in a case challenging the constitutionality of a 
statute that retroceded a portion of the federal district to 
Virginia, the Supreme Court noted that, ``In cases involving 
the action of the political departments of the government, the 
judiciary is bound by such action.''\43\
---------------------------------------------------------------------------
    \43\Phillips v. Payne, 92 U.S. 130, 132 (1875).
---------------------------------------------------------------------------

Prerequisites

    The Admissions Clause of the Constitution does not 
establish prerequisites for new states. However, Congress 
generally has considered three factors in evaluating new 
states: commitment to democracy; support for statehood; and 
resources and population.\44\ The State would comply with each 
factor.
---------------------------------------------------------------------------
    \44\Government Accountability Office, Experiences of Past 
Territories Can Assist Puerto Rico Status Deliberations (Mar. 7, 1980) 
(online at www.gao.gov/assets/ggd-80 26.pdf).
---------------------------------------------------------------------------
    District residents have been petitioning for voting 
representation in Congress and local self-government for more 
than 200 years.\45\ Most recently, on November 8, 2016, 
District residents approved a referendum advising the District 
to petition Congress for statehood by a vote of 244,134 to 
40,779.\46\
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    \45\House Committee on the District of Columbia, New Columbia 
Admission Act, 102nd Cong. (1992) (H. Rept. 102-909).
    \46\District of Columbia Board of Elections, General Election 
2016--Certified Results (Nov. 8, 2016) (online at https://
electionresults.dcboe.org/election--results/2016-General-Election).
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    The District pays more federal taxes than 21 states and 
more per capita than any state.\47\ The District has a higher 
per capita personal income than any state.\48\ The District has 
a larger gross domestic product than 17 states.\49\ The 
District has a larger budget than 12 states.\50\ The District's 
general obligation bonds have the highest rating from Moody's 
Investors Service.\51\ The District's rating is higher than the 
rating of 32 states.\52\ Federal funds compromise a smaller 
percentage of District revenue than the percentage of total 
state revenue.\53\ The District has a larger population than 
two states.\54\
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    \47\Internal Revenue Service, Internal Revenue Service Data Book, 
2019 (online at www.irs.gov/pub/irs-pdf/p55b.pdf) (accessed Apr. 3, 
2021).
    \48\Federal Reserve Bank of St. Louis, Release Tables: Per Capita 
Personal Income by State, Annual (online at https://
fred.stlouisfed.org/release/tables?rid=110&eid=257197) (accessed Apr. 
3, 2021).
    \49\Bureau of Economic Analysis, Gross Domestic Product by State, 
4th Quarter 2020 and Annual 2020 (Preliminary) (Mar. 26, 2021) (online 
at www.bea.gov/sites/default/files/2021 03/qgdpstate0321.pdf).
    \50\National Association of State Budget Officers, 2020 State 
Expenditure Report: Fiscal Years 2018-2020 (online at https://
higherlogicdownload.s3.amazonaws.com/NASBO/9d2d2db1-c943-4f1b-b750-
0fca152d64c2/UploadedImages/SER%20Archive/2020--State--Expenditure--
Report--S.pdf) (accessed Apr. 3, 2021).
    \51\Government of the District of Columbia, Comprehensive Annual 
Financial Report (Jan. 28, 2021) (online at https://cfo.dc.gov/sites/
default/files/dc/sites/ocfo/publication/attachments/
FY%202020%20DC%20CAFR--Full%20Report.pdf).
    \52\House Committee on Oversight and Reform, Testimony of Fitzroy 
Lee, Hearing on H.R. 51: Making D.C. the 51st State, 117th Cong. (Mar. 
22, 2021) (online at https://docs.house.gov/meetings/GO/GO00/20210322/
111360/HHRG-117-GO00-Wstate-LeeF 20210322.pdf).
    \53\Anne Stauffer, Justin Theal and Brakeyshia Samms, Federal Funds 
Hover at a Third of State Revenue, The Pew Charitable Trusts (Oct. 8, 
2019) (online at www.pewtrusts.org/en/research-and-analysis/articles/
2019/10/08/federal-funds-hover-at-a-third-of-state-revenue); Government 
of the District of Columbia, Fiscal Year 2021 Approved Budget and 
Financial Plan (Aug. 27, 2020) (online at https://cfo.dc.gov/sites/
default/files/dc/sites/ocfo/publication/attachments/
DC_OCFO_Budget_Vol_1-Bookmarked-9-1-092020.pdf).
    \54\Census Bureau, Annual Estimates of the Resident Population for 
the United States, Regions, States, and the District of Columbia: April 
1, 2010 to July 1, 2020 (online at www.census.gov/programs-surveys/
popest/technical-documentation/research/evaluation-estimates.html) 
(accessed Apr. 3, 2021).
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                         TRANSITION ASSISTANCE

    H.R. 51 would provide transition assistance to the State. 
Historically, Congress has provided transition assistance to 
new states to support public services and promote economic 
development.\55\ According to the Government Accountability 
Office, ``[E]ach State's diverse characteristics contributed to 
the varying amount and types of assistance provided.''\56\ The 
types of assistance have included: direct and indirect 
financial aid; services; land grants; partial exemption from 
federal taxes; and special statutory treatment.\57\
---------------------------------------------------------------------------
    \55\Grupo de Investigadores Puertorriquenos, Breakthrough from 
Colonialism: An Interdisciplinary Study of Statehood (1984).
    \56\Government Accountability Office, Experiences of Past 
Territories Can Assist Puerto Rico Status Deliberations (Mar. 7, 1980) 
(online at www.gao.gov/assets/ggd-80 26.pdf).
    \57\Grupo de Investigadores Puertorriquenos, Breakthrough from 
Colonialism: An Interdisciplinary Study of Statehood (1984); Government 
Accountability Office, Experiences of Past Territories Can Assist 
Puerto Rico Status Deliberations (Mar. 7, 1980) (online at www.gao.gov/
assets/ggd-80 26.pdf).
---------------------------------------------------------------------------
    One statehood study concluded:

          [F]inancial matters and the pressing needs and 
        problems of many statehood aspiring peoples have been 
        seriously considered by Congress, not to deny 
        admission, but to determine the need for transitional 
        measures so as to bolster the economic and social 
        development of the new State at a pace comparable to 
        the rest of the States.\58\
---------------------------------------------------------------------------
    \58\Grupo de Investigadores Puertorriquenos, Breakthrough from 
Colonialism: An Interdisciplinary Study of Statehood (1984).

    H.R. 51 also would establish a commission to advise on an 
orderly transition to statehood and a reduced federal district. 
Congress has provided transition assistance both upon and after 
admission of new states.\59\
---------------------------------------------------------------------------
    \59\Government Accountability Office, Experiences of Past 
Territories Can Assist Puerto Rico Status Deliberations (Mar. 7, 1980) 
(online at www.gao.gov/assets/ggd-80 26.pdf).
---------------------------------------------------------------------------

                                  RACE

    Statehood for District residents is a matter of racial 
justice. Throughout history, race has played a central role in 
Congress denying District residents democratic rights.\60\ 
African Americans are a plurality of the District's population, 
and the State would have the largest percentage of African 
Americans of any state.\61\
---------------------------------------------------------------------------
    \60\George Derek Musgrove and Chris Myers Asch, Democracy Deferred: 
Race, Politics, and D.C.'s Two-Century Struggle for Full Voting Rights, 
Statehood Research DC (Mar. 2021) (online at https://assets.website-
files.com/5df7f915fcb12b538aa0494f/
60541fb1af8047a0fde84ad7_Democracy%20Deferred.March.2021.pdf).
    \61\Census Bureau, Quick Facts, District of Columbia (online at 
www.census.gov/quickfacts/DC) (accessed on Apr. 3, 2021); Renuka 
Rayasam, The Southern State Where Black Voters Are Gaining in Numbers, 
But Not Power, Politico (Jan. 2, 2021) (online at www.politico.com/
news/2021/01/02/mississippi-black-voters-452213).
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                               OPPOSITION

    Some oppose H.R. 51 for a deeply disturbing reason: the 
State might elect Democrats to Congress.
    Then-President Donald Trump said: ``They want to do that so 
they pick up two automatic Democrat--you know, it is 100 
percent Democrat, basically--so why would the Republicans ever 
do that? That will never happen unless we have some very, very 
stupid Republicans.''\62\
---------------------------------------------------------------------------
    \62\Steven Nelson and Ebony Bowden, Trump Says Washington, DC, Will 
Never Be a State--Because of All the Democrats, New York Post (May 5, 
2020) (online at www.nypost.com/2020/05/05/trump-says-washington-dc-
will-never-be-a-state-because-of-all-the-democrats/).
---------------------------------------------------------------------------
    Senator Lindsey Graham has said:

          At its core this is about trying to add two more 
        Democratic votes in the U.S. Senate, effectively 
        cancelling out the votes of a state like South Carolina 
        with two Republican Senators. This effort must be 
        defeated and I will fight against it with all my 
        might.\63\
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    \63\Senator Lindsey Graham, Graham Strongly Opposes DC Statehood 
(June 29, 2020) (online at www.lgraham.senate.gov/public/index.cfm/
press-releases?ID=CF32124D 3FF3 4EAF 9498-D7C4CF5B3941).

    This rationale violates core democratic principles. 
Political rights are not conditioned on party affiliation. In a 
democracy, voters pick their elected officials. Elected 
officials do not pick their voters.

                      Section-by-Section Analysis


Section 1. Short title; Table of contents

    (1)(a). Short Title--This section sets forth the short 
title of this bill as the ``Washington, D.C. Admission Act.''
    (1)(b). Table of Contents--This section sets forth the 
table of contents of this bill.

                   TITLE I--STATE OF WASHINGTON, D.C.

                  Subtitle A--Procedures for Admission


Section 101. Admission into the Union

    101(a). In General--This section declares that the State of 
Washington, Douglass Commonwealth (State) is admitted on an 
equal footing, subject to the provisions of this bill.
    101(b). Constitution of State--This section declares that 
the State constitution always be republican in form and not be 
repugnant to the U.S. Constitution or the Declaration of 
Independence.
    101(c). Nonseverability--This section declares that, if any 
provision of Section 101 is held invalid, this bill is invalid.

Section 102. Election of Senators and Representative

    102(a). Issuance of Proclamation--This section requires 
that the Mayor of the District of Columbia (District), after 
the enactment of this bill, issue a proclamation for the first 
elections for two Senators and one Representative. It also 
declares that, with respect to the Senate offices, no person 
may be a candidate for both offices, no term of office may be 
referred to, and the Senate determines the class of each of the 
Senators.
    102(b). Rules for Conducting Elections--This section 
requires primary and general elections for the first elections, 
officers chosen by qualified District voters, and certification 
of the results, including by the Mayor to the President.
    102(c). Assumption of Duties--This section declares that, 
upon the admission of the State, the officers are entitled to 
seats in Congress and to the rights and privileges of other 
officers.
    102(d). Effect of Admission on House of Representatives 
Membership--This section declares that, upon the admission of 
the State, the size of the House of Representatives is 
permanently increased to 436 Members. It also declares that the 
State is entitled to one Representative until the next 
apportionment.

Section 103. Issuance of Presidential proclamation

    103(a). In General--This section requires that the 
President, after receiving certification of the election 
results, issue a proclamation announcing such results.
    103(b). Admission of State Upon Issuance of Proclamation--
This section declares that, upon such issuance, the State is 
admitted.

          Subtitle B--Seat of Government of the United States


Section 111. Territory and boundaries

    111(a). In General--This section declares that the State 
consists of all of the territory of the District, except a 
small portion.
    111(b). Exclusion of Portion Remaining as Seat of 
Government of United States--This section declares that such 
excluded portion is the seat of the U.S. government and is 
known as the ``Capital.''
    111(c). Metes and Bounds Survey--This section requires that 
the President conduct a metes and bounds survey of the Capital.

Section 112. Description of Capital

    112(a). In General--This section describes the property of 
the Capital.
    112(b). General Description--This section sets forth the 
boundaries of the Capital.
    112(c). Exclusion of Building Serving as State Capitol--
This section declares that the John A. Wilson Building is 
excluded from the Capital.
    112(d). Clarification of Treatment of Frances Perkins 
Building--This section declares that the Frances Perkins 
Building is included in the Capital.

Section 113. Retention of title to property

    113(a). Retention of Federal Title--This section declares 
that the United States retains title to or jurisdiction over 
all property it holds before the admission of the State.
    113(b). Retention of State Title--This section declares 
that the State retains title to or jurisdiction over all 
property the District holds before the admission of the State.

Section 114. Effect of Admission on current laws of seat of government 
        of United States

    This section declares that District laws apply in the 
Capital and are deemed federal laws in the Capital.

Section 115. Capital National Guard

    115(a). Establishment--This section amends title 32 of the 
U.S. Code to rename the District National Guard as the Capital 
National Guard. The Capital National Guard is the National 
Guard for the Capital and is an exclusively federal entity.
    115(b). Conforming Amendments--This section amends titles 
10 and 32 of the U.S. Code to make conforming amendments.

Section 116. Termination of legal status of seat of government of 
        United States as municipal corporation

    This section declares that the Capital is neither a 
government nor a body corporate for municipal purposes.

        Subtitle C--General Provisions Relating to Laws of State


Section 121. Effect of admission on current laws

    121(a). Legislative Power--This section declares that State 
legislative power extends to all rightful subjects.
    121(b). Continuation of Authority and Duties of Members of 
Executive, Legislative, and Judicial Offices--This section 
deems that members of District executive, legislative, and 
judicial offices are members of the respective State offices.
    121(c). Treatment of Federal Laws--This section declares 
that federal laws that apply to states generally apply to the 
State.
    121(d). No Effect on Existing Contracts--This section 
declares that the admission of the State does not affect 
District or U.S. contracts.
    121(e). Succession in Interstate Compacts--This section 
deems that the State is the successor to the District for 
interstate compacts.
    121(f). Continuation of Service of Federal Members on 
Boards and Commissions--This section declares that federal 
representatives on District boards and commissions may serve on 
the respective State boards and commissions, as permitted by 
the State.
    121(g). Special Rule Regarding Enforcement Authority of 
United States Capitol Police, United States Park Police, and 
United States Secret Service Uniformed Division--This section 
declares that the U.S. Capitol Police, the U.S. Park Police, 
and the U.S. Secret Service Uniformed Division may not enforce 
State laws, except as authorized by the State.

Section 122. Pending actions and proceedings

    122(a). State as Legal Successor to District of Columbia--
This section declares that the State is the legal successor to 
the District.
    122(b). No Effect on Pending Proceedings--This section 
declares that all legal proceedings and rights are unaffected 
by the admission of the State.

Section 123. Limitation on authority to tax federal property

    This section prohibits the State from taxing federal 
property.

Section 124. United States nationality

    This section declares that this bill does not affect 
nationality.

               TITLE II--INTERESTS OF FEDERAL GOVERNMENT

                      Subtitle A--Federal Property


Section 201. Treatment of military lands

    201(a). Reservation of Federal Authority--This section 
reserves in Congress exclusive legislation over federally 
controlled or owned land in the State that, before the 
admission of the State, was held for defense or Coast Guard 
purposes, so long as such land is held for such purposes.
    201(b). Authority of State--This section declares that such 
reservation does not exclude such lands from the State or 
prevent the State from exercising, concurrently with the United 
States, jurisdiction over such lands that it otherwise would 
have and that is consistent with laws hereafter enacted by 
Congress pursuant to such reservation. It also declares that 
the State may serve process in such lands in matters arising in 
the State but outside of such lands.

Section 202. Waiver of claims to federal property

    202(a). In General--This section declares that the State 
disclaims all right and title to federally controlled or owned 
property.
    202(b). Effect on Claims Against United States--This 
section declares that this bill does not affect claims against 
the United States and that applicable federal law governs any 
such claim. It also clarifies that this bill does not 
constitute a finding by Congress of the validity of any such 
claim.

                       Subtitle B--Federal Courts


Section 211. Residency requirements for certain federal officials

    211(a). Circuit Judges--This section amends 28 U.S.C. Sec.  
44(c) to require that circuit judges of the judicial circuit 
comprising the Capital and the State reside in the circuit. It 
also requires that circuit judges of the federal judicial 
circuit reside within 50 miles of the Capital.
    211(b). District Judges--This section amends section 134(b) 
of such title to require that district judges of the judicial 
district comprising the Capital and the State reside in the 
district.
    211(c). United States Attorneys--This section amends 
section 545(a) of such title to require that the U.S. attorney 
of the judicial district comprising the Capital and the State 
reside in the district.
    211(d). United States Marshals--This section amends section 
561(e)(1) of such title to require that the U.S. marshal of the 
judicial district comprising the Capital and the State reside 
in the district.
    211(e). Clerks of District Courts--This section amends 
section 751(c) of such title to require that the clerk of the 
judicial district comprising the Capital and the State reside 
in the district.
    211(f). Effective Date--This section declares that the 
amendments made by Section 211 apply only to individuals 
appointed after the admission of the State.

Section 212. Renaming of federal courts

    212(a). Renaming--This section amends 28 U.S.C. Sec.  41 to 
rename the District judicial circuit as the Capital judicial 
circuit, which consists of the Capital and the State. It also 
amends section 88 of such title to rename the District judicial 
district as the Washington, Douglass Commonwealth and the 
Capital judicial district and to declare that the court of such 
district is held in the Capital.
    212(b). Conforming Amendments Relating to Court of 
Appeals--This section amends various sections of such title to 
make conforming changes to the name of the judicial circuit. It 
also amends section 48(a) of such title to designate the 
Capital as the place for the Capital judicial circuit and the 
federal judicial circuit to hold regular sessions.
    212(c). Conforming Amendments Relating to District Court--
This section amends various sections of such title to make 
conforming changes to the name of the judicial district.
    212(d). Conforming Amendments Relating to Other Courts--
This section amends section 152(a)(2) of such title to make a 
conforming change to the name of the judicial district. It also 
amends section 173 of such title to make the principal office 
of the U.S. Court of Federal Claims the Capital. It also amends 
section 175 of such title to make the Capital the official duty 
station of the judges of the U.S. Court of Federal Claims and 
to require such judges to reside within 50 miles of the 
Capital. It also amends section 456(b) of such title to make 
the Capital the official duty station of the U.S. Chief 
Justice, the U.S. Supreme Court Justices, and the judges of the 
federal circuit. The judges of the Capital judicial circuit and 
of the Washington, Douglass Commonwealth and the Capital 
judicial district are treated in the same manner as other 
circuit and district court judges for purposes of duty station. 
It also amends section 462(d) of such title to make permanent 
accommodations for the federal circuit and for the U.S. Court 
of Federal Claims in the Capital. It also amends section 798(a) 
of such title to authorize the U.S. Court of Federal Claims to 
use facilities and hold court in the Capital and to use 
facilities of the federal courts and other federal facilities 
for trials and other proceedings outside of the Capital.
    212(e). Other Conforming Amendments--This section amends 
section 1608(a)(4) of such title to make service of process 
made upon a foreign state available in certain circumstances 
through the U.S. Secretary of State in the Capital. It also 
amends section 2410(b) of such title to declare that, in 
actions in state courts affecting property on which the United 
States has or claims a lien, service of process upon the United 
States requires sending copies to the U.S. Attorney General in 
the Capital.
    212(f). Definition--This section amends section 451 of such 
title to add the defined term Capital, as such term is used in 
this bill.
    212(g). References in Other Laws--This section deems that 
references in federal law to the District judicial district and 
circuit refer to the Washington, Douglass Commonwealth and the 
Capital district and the Capital circuit, respectively.
    212(h). Effective Date--This section declares that Section 
212 takes effect upon the admission of the State.

Section 213. Conforming amendments relating to Department of Justice

    213(a). Appointment of United States Trustees--This section 
amends 28 U.S.C. Sec.  581(a)(4) to make a conforming change to 
the name of the judicial district.
    213(b). Independent Counsels--This section amends section 
594(c) of such title to make a conforming change to the name of 
the U.S. attorney for the judicial district and to make the 
State the basis of a pay adjustment. It also amends section 
596(a)(3) of such title to make a conforming change to the name 
of the judicial district.
    213(c). Effective Date--This section declares that the 
amendments made by Section 213 take effect upon the admission 
of the State.

Section 214. Treatment of pretrial services in United States district 
        court

    This section amends 18 U.S.C. Sec.  3152 to provide that 
the District Pretrial Services Agency provides pretrial 
services for the judicial district until the State certifies it 
has in effect laws providing for it to provide pretrial 
services in State court.

                     Subtitle C--Federal Elections


Section 221. Permitting Individuals residing in Capital to vote in 
        federal elections in State of most recent domicile

    221(a). Requirement for States to Permit Individuals to 
Vote by Absentee Ballot--This section requires States to permit 
absent Capital voters to use absentee registration procedures 
and to vote by absentee ballot in federal elections and to 
accept any otherwise valid voter registration application from 
such voter, if the application is received by the State not 
less than 30 days before such election. It also defines absent 
Capital voter as a resident of the Capital who is qualified to 
vote in the state, including the State (or who would be 
qualified to vote in the State but for residing in the 
Capital), but only if the State is the last place the Capital 
resident was domiciled before residing in the Capital.
    221(b). Recommendations to States to Maximize Access to 
Polls by Absent Capital Voters--This section expresses the 
sense of Congress that States should afford maximum access to 
the polls by such voters.
    221(c). Enforcement--This section declares that the U.S. 
Attorney General may seek relief in federal court to carry out 
Section 221.
    221(d). Effect on Certain Other Laws--This section declares 
that registration or voting by such voter does not affect the 
residence or domicile of such voter for tax purposes.
    221(e). Effective Date--This section declares that Section 
221 applies to elections taking place on or after the admission 
of the State.

Section 222. Repeal of Office of District of Columbia Delegate

    222(a). In General--This section repeals sections 202 and 
204 of the District Delegate Act to abolish the office of 
Delegate to the House of Representatives from the District.
    222(b). Conforming Amendments to District of Columbia 
Elections Code of 1955--This section amends the District 
Elections Code of 1955 to make conforming changes.
    222(c). Effective Date--This section declares that the 
amendments made by Section 222 take effect upon the admission 
of the State.

Section 223. Repeal of law providing for participation of seat of 
        government in election of President and Vice President

    223(a). In General--This section amends chapter 1 of title 
3 of the U.S. Code by repealing section 21, which defines the 
District as a state.
    223(b). Effective Date--This section declares that the 
amendments made by Section 223 apply to elections taking place 
on or after the admission of the State.

Section 224. Expedited Procedures for consideration of constitutional 
        amendment repealing 23rd Amendment

    224(a). Joint Resolution Described--This section defines 
joint resolution as a joint resolution to repeal the 23rd 
Amendment.
    224(b). Expedited Consideration in House of 
Representatives--This section provides for expedited 
consideration of the joint resolution in the House of 
Representatives.
    224(c). Expedited Consideration in Senate--This section 
provides for expedited consideration of the joint resolution in 
the Senate.
    224(d). Rules Relating to Senate and House of 
Representatives--This section describes the treatment by one 
chamber of the joint resolution received from the other 
chamber.
    224(e). Rules of House of Representatives and Senate--This 
section declares that Section 224 is an exercise of the 
rulemaking power of the House of Representatives and Senate.

  TITLE III--CONTINUATION OF CERTAIN AUTHORITIES AND RESPONSIBILITIES

                     Subtitle A--Employee Benefits

    Section 301. Federal Benefit Payments Under Certain 
Retirement Programs. 301(a). Continuation of Entitlement to 
Payments--This section declares that any individual who, before 
the admission of the State, is entitled to a federal benefit 
payment under the District Retirement Protection Act of 1997 
(Retirement Act) is entitled to such a payment after admission.
    301(b). Obligations of Federal Government--This section 
declares that any obligation of the federal government under 
the Retirement Act to any individual or to the District before 
the admission of the State is a federal obligation to such an 
individual and to the State after admission. It also declares 
that any obligation of the federal government under the 
Retirement Act to the D.C. Federal Pension Fund before 
admission is a federal obligation after admission.
    301(c). Obligations of State--This section declares that 
any obligation of the District under the Retirement Act to any 
individual or to the federal government before the admission of 
the State is a State obligation after admission.

Section 302. Continuation of federal civil service benefits for 
        employees first employed prior to establishment of district of 
        columbia merit personnel system

    302(a). Obligations of Federal Government--This section 
declares that any obligation of the federal government under 
title 5 of the U.S. Code to an individual described in Section 
302(c) or to the District before the admission of the State is 
a federal obligation to such individual and to the State after 
admission.
    302(b). Obligations of State--This section declares that 
any obligation of the District under such title to an 
individual described in Section 302(c) or to the federal 
government before the admission of the State is a State 
obligation after admission.
    302(c). Individuals Described--An individual described in 
Section 302 is an individual first employed by the District 
before October 1, 1987.

Section 303. Obligations of federal government under judges' retirement 
        program

    303(a). Continuation of Obligations--This section declares 
that any obligation of the federal government under subchapter 
III of chapter 15 of title 11 of the District Code to any 
individual and the District for service accrued before the 
admission of the State is a federal obligation to such an 
individual and to the State after admission. It also declares 
that the federal obligation under such subchapter exists to any 
individual and the State for service accrued after admission 
and before the date described in Section 303(b).
    303(b). Termination Date--This section declares that the 
termination date is the date the State certifies that it has in 
effect laws requiring it to appropriate and make available 
funds for the retirement of its judges.

                          Subtitle B--Agencies


Section 311. Public defender service

    311(a). Continuation of Operations and Funding--This 
section declares that title III of the District Court Reform 
and Criminal Procedure Act of 1970 (Court Act) applies to the 
State and its public defender service after the admission of 
the State as such title applied to the District and the 
District Public Defender Service before admission. It also 
declares that the federal government is treated as the 
employing agency for the benefits provided to a State public 
defender service employee who, pursuant to the Court Act, is 
treated as a federal employee for purposes of receiving 
benefits.
    311(b). Renaming of Service--This section declares that, 
upon the admission of the State, the State may rename its 
public defender service.
    311(c). Continuation of Federal Benefits for Employees--
This section declares that any employee of the State public 
defender service before the date described in Section 311(d) 
who, pursuant to the Court Act, is treated as a federal 
employee for purposes of receiving benefits continues to be 
treated as such, notwithstanding the termination of the 
provisions of Section 311(a) under Section 311(d). It also 
declares that, beginning on the date described in Section 
311(d), the State is treated as the employing agency for the 
benefits provided to such employees.
    311(d). Termination--This section declares that Section 
311(a) terminates upon certification by the State that is has 
in effect laws requiring it to appropriate and make available 
funds for the operation of the State public defender service.

Section 312. Prosecutions

    312(a). Assignment of Assistant United States Attorneys--
This section requires that, in accordance with subchapter VI of 
chapter 33 of title 5 of the U.S. Code, the U.S. Attorney 
General, with the concurrence of the District or the State (as 
the case may be), assign assistant U.S. attorneys to the State 
to carry out the functions described in Section 312(b). It also 
declares that, in accordance with section 3373 of such title, 
such an attorney is deemed under subsection (a) of such section 
on detail to a regular work assignment in the Department of 
Justice and that the assignment is made without reimbursement 
by the State.
    312(b). Functions Described--This section provides that the 
functions are criminal prosecutions conducted in the name of 
the State that would have been conducted in the name of the 
United States, as provided under section 23 101(c) of the 
District Code, but for the admission of the State.
    312(c). Minimum Number Assigned--This section declares that 
the number of attorneys may not be less than the number who 
prosecuted in the name of the United States under such section 
before the admission of the State.
    312(d). Termination--This section declares that the 
obligation to assign attorneys terminates upon certification by 
the State that it has appointed State attorneys for such 
prosecutions.
    312(e). Clarification Regarding Clemency Authority--This 
section declares that, upon the admission of the State, the 
authority to grant clemency for offenses against the District 
or the State is exercised by the State.

Section 313. Service of United States Marshals

    313(a). Provision of Services for Courts of State--This 
section requires that the U.S. Marshals Service provide the 
services to the State courts and court system that it provided 
to the District courts and court system before the admission of 
the State, except the President may not appoint a U.S. Marshal 
under 28 U.S.C. Sec.  561 for any State court.
    313(b). Termination--This section declares that the 
obligation to provide such services terminates upon 
certification by the State that it has appointed State 
personnel to provide such services.

Section 314. Designation of felons to facilities of Bureau of Prisons

    314(a). Continuation of Designation--This section declares 
that chapter 1 of subtitle C of title XI of the National 
Capital Revitalization and Self-Government Improvement Act of 
1997 (Revitalization Act) applies to individuals convicted of 
offenses under District law before the admission of the State. 
It also declares that such chapter applies to individuals 
convicted of offenses under State law after admission.
    314(b). Termination--This section declares that Section 314 
terminates upon certification by the State that it has in 
effect laws for housing such individuals in correctional 
facilities.

Section 315. Parole and supervision.

    315(a). United States Parole Commission--This section 
requires that the U.S. Parole Commission (Parole Commission) 
exercise parole authority over felons imprisoned under District 
law before the admission of the State, as provided under 
section 11231 of the Revitalization Act, and to exercise the 
same authority over felons imprisoned under State law after 
admission. It also declares that such authority terminates upon 
certification by the State that it has in effect laws providing 
for it to exercise such authority. It also requires that the 
Parole Commission exercise supervision authority over District 
offenders released before admission, as provided under section 
11233(c)(2) of the Revitalization Act, and to exercise the same 
authority over State offenders released after admission. It 
also declares that such authority terminates upon certification 
by the State that it has in effect laws providing for it to 
exercise such authority. It also declares that any Parole 
Commission employee as of the later of the day before the 
termination dates described above who, on or after such date, 
is an employee of the State office that exercises such 
authority continues to be treated as a federal employee for 
purposes of receiving benefits. It also declares that, 
beginning on the later of the termination dates described 
above, the State is treated as the employing agency for the 
benefits provided to such employees.
    315(b). Court Services and Offender Supervision Agency--
This section, upon the admission of the State, renames the 
District offender supervision agency and the District pretrial 
services agency as the Court Services and Offender Supervision 
Agency for Washington, Douglass Commonwealth and the 
Washington, Douglass Commonwealth Pretrial Services Agency, 
respectively. It also requires that these agencies provide such 
services for individuals convicted or charged under District 
and State law, as provided under section 11233 of the 
Revitalization Act. It also declares that these requirements 
terminate upon certification by the State that it has in effect 
laws providing for it to provide such services. It also 
declares that an employee of either agency before the 
termination date described above who, on or after such date, is 
an employee of the State office that provides such services 
continues to be treated as a federal employee for purposes of 
receiving benefits. It also declares that, beginning on the 
termination date described above, the State is treated as the 
employing agency for the benefits provided to such employees.

Section 316. Courts

    316(a). Continuation of Operations--This section declares 
that title 11 of the D.C. Code, as in effect before the 
admission of the State, applies to the State courts and court 
system as such title applied to the District court and court 
system before admission. It also declares that the federal 
government is treated as the employing agency for benefits 
provided under such title to an employee of the State courts 
and court system who, pursuant to such title, is treated as a 
federal employee for purposes of receiving benefits. It also 
declares that the State selects judges for any vacancy on the 
State courts, and clarifies that this authority does not affect 
the service of any sitting judge before admission or require 
the State to select such a judge for a vacancy or waive any of 
the requirements regarding the appointment and service of 
judges of the State courts. It also declares that the State may 
rename the State courts and court system.
    316(b). Continuation of Federal Benefits for Employees--
This section declares that any employee of the State courts or 
court system before the date described in Section 316(e) who, 
pursuant to such title, is treated as a federal employee for 
purposes of receiving benefits continues to be treated as such, 
notwithstanding the termination of the provisions of Section 
316 under Section 316(e). It also declares that, beginning on 
the date described in Section 316(e), the State is treated as 
the employing agency for the benefits provided to such 
employees.
    316(c). Continuation of Funding--This section declares that 
section 11241 of the Revitalization Act applies to the State 
courts and court system after the admission of the State as 
such section applied to the District court and court system 
before admission.
    316(d). Treatment of Court Receipts--This section declares 
that all money received by the State courts and court system be 
deposited in the U.S. Treasury, except section 16 of the 
Victims of Violent Crime Compensation Act of 1996 applies to 
the State courts and court system as such section applied to 
the District court and court system before the admission of the 
State.
    316(e). Termination--This section declares that Section 316 
terminates upon certification by the State that it has in 
effect laws requiring it to appropriate and make available 
funds for the operation of the State court and court system, 
except with respect to the State's authority to select judges 
and rename the court and court system and as provided under 
Section 316(b).

               Subtitle C--Other Programs and Authorities


Section 321. Application of the College Access Act

    321(a). Continuation--This section declares that the 
District College Access Act of 1999 (College Access Act) 
applies to the State and the public institution of higher 
education designated by the State as the successor to the 
University of the District after the admission of the State as 
the College Access Act applied to the District and the 
University of the District before admission.
    321(b). Termination--This section declares that Section 
321, other than with respect to the successor university, 
terminates upon certification by the State that it has in 
effect laws requiring it to provide assistance substantially 
similar to the assistance provided under the College Access 
Act.

Section 322. Application of the Scholarships for Opportunity and 
        Results Act

    322(a). Continuation--This section declares that the 
Scholarships for Opportunity and Results Act (SOAR Act) applies 
to the State after the admission of the State as the SOAR Act 
applied to the District before admission.
    322(b). Termination--This section declares that Section 322 
terminates upon certification by the State that it has in 
effect laws requiring the State to provide tuition assistance 
substantially similar to the assistance provided under the SOAR 
Act and to provide supplemental funds to the State public 
schools and public charter schools in the amounts provided in 
the most recent fiscal year for public and public charter 
schools of the State or the District (as the case may be) under 
the SOAR Act.

Section 323. Medicaid federal medical assistance percentage

    323(a). Continuation--This section declares that the 
federal medical assistance percentage for the State under title 
XIX of the Social Security Act is the federal medical 
assistance percentage for the District before the admission of 
the State.
    323(b). Termination--This section declares that Section 323 
terminates upon certification by the State that, during each of 
the first five fiscal years beginning after certification, 
estimated State revenues are sufficient to cover any reduction 
in revenues that may result from the termination of Section 
323.

Section 324. Federal planning commissions

    324(a). National Capital Planning Commission--This section 
declares that chapter 87 of title 40 of the U.S. Code applies 
to the Capital as such chapter applied to the District before 
the admission of the State and applies to the State as such 
chapter applied to Maryland and Virginia before admission. It 
also declares that the number of members appointed by the 
President to the National Capital Planning Commission is 
increased by one and that one such member is a State resident.
    324(b). Commission of Fine Arts--This section amends 
section 9102(a)(1) of such title to limit the authority of the 
Commission of Fine Arts (CFA) to the Capital. It also amends 
section 9101(d) of such title to make a conforming change to 
the location of CFA meetings for reimbursement of travel 
expenses.
    324(c). Commemorative Works Act--This section amends 
section 8902 of such title to declare that the Commemorative 
Works Act (CWA) applies only in the Capital and its environs. 
The CWA does not apply in the State. It also makes conforming 
changes to other sections of such title.
    324(d). Effective Date--This section declares that Section 
324 takes effect upon the admission of the State.

Section 325. Role of Army Corps of Engineers in supplying water

    325(a). Continuation of Role--This section amends chapter 
95 of title 40 of the U.S. Code to declare that any reference 
in such chapter to the District is deemed to refer to the 
Capital or the State, as the case may be.
    325(b). Clerical Amendment--This section makes a conforming 
change in the table of sections of such chapter.

Section 326. Requirements to be located in District of Columbia

    This section declares that the location of any person in 
the Capital or the State on the day after the admission of the 
State is deemed to satisfy any requirement under any law before 
admission that such person be located in the District.

                      TITLE IV--GENERAL PROVISIONS

Section 401. General definitions

    This section defines terms used throughout this bill.

Section 402. Statehood Transition Commission

    402(a). Establishment--This section establishes the 
Statehood Transition Commission (Statehood Commission).
    402(b). Composition--This section declares that the 
Statehood Commission is composed of 18 members. Seventeen of 
the members are appointed by the President, the bipartisan 
leadership of the House of Representatives and the Senate, and 
the District. One member is the District Chief Financial 
Officer. It also declares that the appointments are made not 
later than 90 days after the enactment of this bill, that the 
authority to make such appointments expires if not exercised by 
such date, and that the number of members is reduced by the 
number equal to the number of appointments so not made. It also 
declares that members serve for the life of the Statehood 
Commission, that vacancies be filled in the same manner as the 
original appointment, that members serve without pay but 
receive travel expenses, including per diem in lieu of 
subsistence, and that the members elect the chair and vice 
chair from among the members appointed by the federal 
government and the District, respectively.
    402(c). Staff--This section declares that there is a 
director, who is appointed by the chair, that the director may 
appoint and fix the pay of additional staff, that the 
appointment and pay of the director and staff are exempt from 
certain civil service laws, and that the Statehood Commission 
may procure temporary and intermittent services of experts and 
consultants.
    402(d). Duties--This section declares that the Statehood 
Commission advises the President, Congress, and the District or 
the State (as the case may be) concerning an orderly transition 
to statehood and to a reduced size of the federal district.
    402(e). Powers--This section declares that the Statehood 
Commission may hold hearings, take testimony, receive evidence, 
obtain information from federal departments and agencies, use 
the U.S. mails in the same manner as federal departments and 
agencies, and receive administrative support services from the 
Administrator of General Services.
    402(f). Meetings--This section declares that the Statehood 
Commission meets at the call of the chair and holds its first 
meeting not later than the earlier of 30 days after all members 
are appointed or, if the number of members is reduced, 90 days 
after the enactment of this bill. It also declares that a 
majority of the members constitutes a quorum, but a lesser 
number may hold hearings.
    402(g). Reports--This section declares that reports are 
submitted as the Statehood Commission considers appropriate or 
as may be requested by the President, Congress, the District, 
or the State.
    402(h). Termination--This section declares that the 
Statehood Commission ceases to exist two years after the 
admission of the State.

Section 403. Certification of enactment by President

    This section requires that the President certify the 
enactment of this bill to the District Mayor.

Section 404. Severability

    This section declares that, except as provided in Section 
101(c), if any provision of this bill is held invalid, the 
remaining provisions are not affected.

                          Legislative History

    On January 4, 2021, Congresswoman Eleanor Holmes Norton (D-
DC) introduced H.R. 51, and the bill was referred to the 
Committee on Oversight and Reform, the Committee on Rules, the 
Committee on Armed Services, the Committee on the Judiciary, 
and the Committee on Energy and Commerce.
    On March 22, 2021, the Committee held a hearing to examine 
H.R. 51. The Committee heard testimony from: Muriel Bowser, 
Mayor, District of Columbia; Phil Mendelson, Chairman, Council, 
District of Columbia; Dr. Fitzroy Lee, Interim Chief Financial 
Officer, District of Columbia; Mainon A. Schwartz, Legislative 
Attorney, Congressional Research Service; Wade Henderson, 
Interim President and Chief Executive Officer, The Leadership 
Conference on Civil and Human Rights; Harry Wingo, resident, 
District of Columbia; and Zack Smith, Legal Fellow, Edwin Meese 
III Center for Legal and Judicial Studies, The Heritage 
Foundation.

                        Committee Consideration

    On April 14, 2021, the Committee met in open session and, 
with a quorum being present, ordered the bill favorably 
reported, as amended, by a roll call vote of 25-19.

                            Roll Call Votes

    In compliance with clause 3(b) of rule XIII of the Rules of 
the House of Representatives, the Committee advises that the 
following roll call votes occurred during the Committee's 
consideration of H.R. 51:


                       Explanation of Amendments

    During Committee consideration of the bill, Representative 
Carolyn B. Maloney (D-NY), the Chairwoman of the Committee, 
offered an Amendment in the Nature of a Substitute to make a 
technical correction to the bill. The Maloney amendment was 
adopted by voice vote.
    Rep. Comer offered an amendment that would have delayed the 
effective date of the Act until the 23rd Amendment to the 
Constitution is repealed. The amendment was not adopted.
    Rep. Gosar offered an amendment that would have stricken 
everything after the enacting clause and inserted the Gosar-
Meadows ``District of Columbia Home Rule Improvement Act,'' 
which would have doubled the congressional review period for 
legislation passed by the D.C. Council from 30 days to 60 days, 
expanded the expedited parliamentary procedures for 
disapproving D.C. legislation, clarified that Congress can 
disapprove of individual provisions of D.C. legislation. The 
amendment was not adopted.
    Rep. Higgins offered an amendment that would have 
terminated, within 180 days of admission to the Union, a 
provision allowing for the continuation of the designation of 
felons to facilities of the Bureau of Prisons, and required 
reimbursement to the federal government for associated costs 
for such designations after admission. The amendment was not 
adopted.
    Rep. Hice offered two amendments.
    The first would have stricken everything after the enacting 
clause and inserted the ``District of Columbia Voting Rights 
Restoration Act of 2021,'' which would make D.C. residents 
eligible to participate in elections for the House of 
Representatives and the Senate as Maryland residents starting 
in 2022. From January 3, 2023 to the next reapportionment after 
the 2030 Census, Maryland would be entitled to one temporary 
additional representative. The amendment was not adopted.
    The second amendment offered by Rep. Hice would have 
required the Mayor to issue, within 30 days of enactment, a 
proclamation for the first elections for governor and members 
of the state legislature. The amendment was not adopted.
    Rep. Foxx offered an amendment that would have terminated, 
within 180 days of admission to the Union, the continuation of 
the D.C. courts and court system in effect prior to statehood, 
and required that D.C. repay the federal government for 
expenses related to courts, including continuation of federal 
benefits for court employees. The amendment was not adopted.
    Rep. Cloud offered an amendment that would have prohibited 
the President from issuing a proclamation announcing the 
election results and admitting the state to the Union until 90 
days after the metes and bounds survey of the Capital (required 
by Section 111) is completed. The amendment also would have 
required the Capital to include any federal property contiguous 
to the boundaries of the Capital. The amendment was not 
adopted.
    Rep. Keller offered two amendments. The first would have 
prohibited the President from issuing a proclamation announcing 
the election results and admitting the State to the Union until 
the Statehood Transition Commission completed a report to 
prevent subsidization by federal taxpayers of the new state and 
provided a number of certifications, already required by the 
underlying bill. The amendment was not adopted.
    The second amendment offered by Rep. Keller would have all 
obligations of the federal government under the District of 
Columbia Retirement Protection Act to be transferred to the 
state upon admission. The amendment was not adopted.
    Rep. Sessions offered an amendment that would have barred 
the Act from taking effect until Congress enacted a law 
providing for participation of the Capital in the election of 
the President and Vice President, and eliminated the expedited 
procedures for consideration of a constitutional amendment to 
repeal the 23rd Amendment. The amendment was not adopted.
    Rep. Clyde offered an amendment that would have barred the 
Act from taking effect without 60 affirmative votes in the 
Senate. The amendment was not adopted.
    Rep. Biggs offered an amendment that would have inserted a 
Findings section into the bill determining that admission of 
the District of Columbia to the Union would create a 
constitutional crisis. The amendment was not adopted.

                   List of Related Committee Hearings

    The Committee held a hearing on H.R. 51 on March 22, 2021.

  Statement of Oversight Findings and Recommendations of the Committee

    In compliance with clause 3(c)(1) of rule XIII and clause 
(2)(b)(1) of rule X of the Rules of the House of 
Representatives, the Committee finds that the political status 
of residents of the District of Columbia violates democratic 
principles, such that the Committee recommends the adoption of 
the bill (H.R. 51) to admit the State of Washington, Douglass 
Commonwealth.

         Statement of General Performance Goals and Objectives

    In accordance with clause 3(c)(4) of rule XIII of the Rules 
of the House of Representatives, the Committee's performance 
goal or objective of the bill is to grant equal political 
rights to residents of the District of Columbia by admitting 
the State of Washington, Douglass Commonwealth.

              Application of Law to the Legislative Branch

    Section 102(b)(3) of Public Law 104-1 requires a 
description of the application of the bill to the legislative 
branch where the bill relates to the terms and conditions of 
employment or access to public services or accommodations. The 
bill admits the State of Washington, Douglass Commonwealth and 
reduces the size of the federal district. The bill does not 
relate to employment or access to public services or 
accommodations in the legislative branch.

                    Duplication of Federal Programs

    In accordance with clause 3(c)(5) of rule XIII of the House 
of Representatives, no provision of the bill establishes or 
reauthorizes a program of the federal government known to be 
duplicative of another federal program, a program that was 
included in any report from the Government Accountability 
Office to Congress pursuant to section 21 of Public Law 111-
139, or a program related to a program identified in the most 
recent Catalog of Federal Domestic Assistance.

                  Disclosure of Directed Rule Makings

    The bill does not direct the completion of any specific 
rule makings within the meaning of section 551 of title 5, 
United States Code.

                Federal Advisory Committee Act Statement

    The bill establishes an advisory committee within the 
definition of Section 5(b) of the appendix to title 5, United 
States Code.

                 Unfunded Mandates Reform Act Statement

    Pursuant to section 423 of the Congressional Budget Act of 
1974, the Committee has included a letter received from the 
Congressional Budget Office (CBO) below.

                         Earmark Identification

    The bill does not include any congressional earmarks, 
limited tax benefits, or limited tariff benefits, as defined in 
clause 9 of rule XXI of the House of Representatives.

                        Committee Cost Estimate

    Pursuant to clause 3(d)(2)(B) of rule XIII of the Rules of 
the House of Representatives, the Committee has included a cost 
estimate of the bill prepared by the Director of CBO under 
section 402 of the Congressional Budget Act of 1974 below.

   New Budget Authority and Congressional Budget Office Cost Estimate

    Pursuant to clause 3(c)(3) of rule XIII of the House of 
Representatives, the cost estimate prepared by CBO and 
submitted pursuant to section 402 of the Congressional Budget 
Act of 1974 is as follows:

                                     U.S. Congress,
                               Congressional Budget Office,
                                    Washington, DC, April 16, 2021.
Hon. Carolyn B. Maloney,
Chairwoman, Committee on Oversight and Reform,
House of Representatives, Washington, DC.
    Dear Madam Chairwoman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 51, the 
Washington, D.C. Admission Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Matthew 
Pickford.
            Sincerely,
                                          Phillip L. Swagel
                                                          Director.
    Enclosure.

    
    

    The bill would
           Admit Washington, D.C. as the 51st state of 
        the United States as Washington, Douglass Commonwealth
           Provide the new state with same privileges 
        and authority granted to all states, including two U.S. 
        Senators and one Member of the House of Representatives
    Estimated budgetary effects would mainly stem from
           Salaries, administrative, and office 
        operation costs for two U.S. Senators
    Areas of significant uncertainty include
           Quantifying future savings to the federal 
        government if certain payments to the new state are 
        lower than payments under current law to Washington, 
        D.C.
    Detailed estimate begins on the next page.
    Bill summary: H.R. 51 would admit the city of Washington, 
D.C., as the 51st state with the name of the State of 
Washington, Douglass Commonwealth. The new state would comprise 
all of the land currently included within the city's boundaries 
other than federal land as outlined in the bill. That excluded 
property, primarily the area around the National Mall, would be 
named the Capital. The new state would be provided with two 
U.S. Senators and one Member of the House of Representatives. 
Finally, the bill would outline new responsibilities for the 
state and establish a process for transferring certain powers 
from the federal government to the new state.
    Estimated federal cost: The estimated budgetary effect of 
H.R. 51 is shown in Table 1. The costs of the legislation fall 
within budget function 800 (general government).

                                                    TABLE 1.--ESTIMATED BUDGETARY EFFECTS OF H.R. 51
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                By fiscal year, millions of dollars--
                                           -------------------------------------------------------------------------------------------------------------
                                             2021    2022    2023    2024    2025    2026    2027    2028    2029    2030    2031   2021-2026  2021-2031
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                              Increases in Direct Spending
 
Estimated Budget Authority................       0       *       *       *       *       *       *       *       *       *       *         2          3
Estimated Outlays.........................       0       *       *       *       *       *       *       *       *       *       *         2          3
 
                                                     Increases in Spending Subject to Appropriation
 
Estimated Authorization...................       0       6       9       8       8       8       8       9       9       9       9        39         83
Estimated Outlays.........................       0       6       9       8       8       8       8       9       9       9       9        39         83
--------------------------------------------------------------------------------------------------------------------------------------------------------
Components may not sum to totals because of rounding; * = between zero and $500,000.

    Basis of estimate: For this estimate, CBO assumes that the 
legislation will be enacted near the end of fiscal year 2021. 
Estimated outlays are based on historical spending patterns for 
the affected and similar activities.
    Direct spending: Enacting H.R. 51 would provide the new 
state with two U.S. Senators and one Member of the House of 
Representatives and would permanently expand the size of the 
House of Representatives from 435 to 436 Members. The District 
of Columbia is currently represented by a nonvoting delegate, a 
position that H.R. 51 would eliminate. Because each Member of 
the Congress, including a nonvoting delegate, is currently paid 
$174,000 annually, CBO estimates that there would be no 
additional cost for replacing D.C.'s delegate with a voting 
Member of the House of Representatives. Based on the current 
annual salary for Senators, adding two Senators would increase 
direct spending by $3 million over the 2021-2031 period.
    CBO does not expect that enacting H.R. 51 would 
significantly affect most of the federal assistance payments 
that people in the District of Columbia currently receive. 
Under most assistance programs, the city is treated as a state 
and CBO expects that its residents would continue to receive 
federal assistance in the same manner after enactment.
    Spending subject to appropriation: Each Senator receives 
about $4 million annually from appropriated funds for official 
and representational duties, including staffing costs. On that 
basis, CBO estimates additional staff for the new Senators 
would cost about $38 million over the 2021-2026 period, 
assuming appropriation of the estimated amounts. On average, 
each Representative receives about $1 million each year to 
cover official and representational duties. No additional cost 
for such activities is estimated because CBO expects that the 
staffing for the new Representative would be similar to that of 
the city's nonvoting delegate.
    The bill also would establish an 18-member Statehood 
Transition Commission to advise the President, the Congress, 
and the government of the District of Columbia on the orderly 
transition to statehood. Members would serve without pay but 
would be reimbursed for travel expenses. The bill would 
authorize the commission to hold hearings, hire staff, and 
collect information from federal agencies. The commission would 
terminate within two years of the new state's admission to the 
Union. Based on the experience of similar commissions, CBO 
estimates the total cost would be a little more than $1 million 
over the 2022-2023 period; that spending would be subject to 
the availability of appropriated funds.
    Finally, CBO expects the federal government would update 
some references to the new state (for example on websites) 
immediately but would make other changes (such as updating 
printed materials and its flags) over time. We estimate that 
the cost of those changes would be less than $500,000 over the 
next few years and would be subject to the availability of 
appropriated funds.
    H.R. 51 contains several provisions that would transfer 
federal financial responsibilities to Washington, Douglass 
Commonwealth, when the new state provides notification that the 
relevant laws have been enacted and when sufficient funds are 
available to cover those activities. For fiscal year 2021, the 
Congress appropriated almost $750 million to provide the city 
with public defenders, courts, and education grants, in 
addition to mandatory pension costs of about $520 million. CBO 
has no basis to determine if or when those costs currently 
borne by the federal government would be covered by the new 
state.
    Uncertainty: The biggest area of uncertainty concerns when 
the new state would take financial responsibility for 
activities that the federal government currently funds. The 
discretionary savings could total hundreds of millions of 
dollars a year, but when that would happen is uncertain and 
would depend both on actions by the new state to fund those 
activities and on reductions in appropriated spending by the 
Congress.
    Pay-As-You-Go considerations: The Statutory Pay-As-You-Go 
Act of 2010 establishes budget-reporting and enforcement 
procedures for legislation affecting direct spending or 
revenues. The net changes in outlays that are subject to those 
pay-as-you-go procedures are shown in Table 2.

     TABLE 2.--CBO'S ESTIMATE OF THE STATUTORY PAY-AS-YOU-GO EFFECTS OF H.R. 51, THE WASHINGTON D.C. ADMISSION ACT, AS ORDERED REPORTED BY THE HOUSE
                                                   COMMITTEE ON OVERSIGHT AND REFORM ON APRIL 14, 2021
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                By fiscal year, millions of dollars--
                                           -------------------------------------------------------------------------------------------------------------
                                             2021    2022    2023    2024    2025    2026    2027    2028    2029    2030    2031   2021-2026  2021-2031
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                               Net Increase in the Deficit
 
Pay-As-You-Go Effect......................       0       0       0       0       0       0       0       0       0       0       0         2          3
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Increase in long-term deficits: CBO estimates that enacting 
H.R. 51 would not increase on-budget deficits by more than $5 
billion in any of the four consecutive 10-year periods 
beginning in 2031.
    Mandates: CBO has not reviewed section 221 of H.R. 51 for 
intergovernmental or private-sector mandates. Section 4 of the 
Unfunded Mandates Reform Act (UMRA) excludes from the 
application of that act any legislative provision that enforces 
constitutional rights of individuals. CBO has determined that 
section 221 falls within that exclusion because it would 
enforce constitutional rights related to voting.
    The remaining provisions of H.R. 51 would not impose 
intergovernmental or private-sector mandates as defined in 
UMRA. The bill would establish the state of Washington, 
Douglass Commonwealth, and require it to, among other things, 
adopt a constitution and organize elections for federal office. 
CBO does not consider those requirements to be mandates under 
UMRA because the state and the new duties would be established 
simultaneously. Therefore, there is no existing entity that 
would be obligated to comply with the new requirements.
    Estimate prepared by: Federal Costs: Madeleine Fox and 
Matthew Pickford; Mandates: Andrew Laughlin.
    Estimate reviewed by: Susan Willie, Chief, Natural and 
Physical Resources Cost Estimates Unit; Kathleen FitzGerald, 
Chief, Public and Private Mandates Unit; H. Samuel Papenfuss, 
Deputy Director of Budget Analysis; Theresa Gullo, Director of 
Budget Analysis.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, and existing law in which no 
change is proposed is shown in roman):

                          ACT OF JUNE 18, 1929


 AN ACT To provide for the fifteenth and subsequent decennial censuses 
and to provide for apportionment of Representatives in Congress.

           *       *       *       *       *       *       *


  Sec. 22. (a) On the first day, or within one week thereafter, 
of the first regular session of the Eighty-second Congress and 
of each fifth Congress thereafter, the President shall transmit 
to the Congress a statement showing the whole number of persons 
in each State, excluding Indians not taxed, as ascertained 
under the seventeenth and each subsequent decennial census of 
the population, and the number of Representatives to which each 
State would be entitled under an apportionment of [the then 
existing number of Representatives] 436 Representatives by the 
method known as the method of equal proportions, no State to 
receive less than one Member.
  (b) Each State shall be entitled, in the Eighty-third 
Congress and in each Congress thereafter until the taking 
effect of a reapportionment under this section or subsequent 
statute, to the number of Representatives shown in the 
statement required by subsection (a) of this section no State 
to receive less than one Member. It shall be the duty of the 
Clerk of the House of Representatives, within fifteen calendar 
days after the receipt of such statement, to send to the 
executive of each State a certificate of the number of 
Representatives to which such State is entitled under this 
section. In case of a vacancy in the office of Clerk, or of his 
absence or inability to discharge this duty, then such duty 
shall devolve upon the Sergeant at Arms of the House of 
Representatives.
  (c) Until a State is redistricted in the manner provided by 
the law thereof after any apportionment, the Representatives to 
which such State is entitled under such apportionment shall be 
elected in the following manner: (1) If there is no change in 
the number of Representatives, they shall be elected from the 
districts then prescribed by the law of such State, and if any 
of them are elected from the State at large they shall continue 
to be so elected; (2) if there is an increase in the number of 
Representatives, such additional Representatives or 
Representatives shall be elected from the State at large and 
the other Representatives from the districts then prescribed by 
the law of such State; (3) if there is a decrease in the number 
of Representatives but the number of districts in such State is 
equal to such decreased number of Representatives, they shall 
be elected from the districts then prescribed by the law of 
such State; (4) if there is a decrease in the number of 
Representatives but the number of districts in such State is 
less than such number of Representatives, the number of 
Representatives by which such number of districts is exceeded 
shall be elected from the State at large and the other 
Representatives from the districts then prescribed by the law 
of such State; or (5) if there is a decrease in the number of 
Representatives and the number of districts in such State 
exceeds such decreased number of Representatives, they shall be 
elected from the State at large.
                              ----------                              


TITLE 32, UNITED STATES CODE

           *       *       *       *       *       *       *



CHAPTER 1--ORGANIZATION

           *       *       *       *       *       *       *



Sec. 101. Definitions

  In addition to the definitions in sections 1-5 of title 1, 
the following definitions apply in this title:
          (1) For purposes of other laws relating to the 
        militia, the National Guard, the Army National Guard of 
        the United States, and the Air National Guard of the 
        United States, the term ``Territory'' includes Guam and 
        the Virgin Islands.
          (2) ``Armed forces'' means the Army, Navy, Air Force, 
        Marine Corps, and Coast Guard.
          (3) ``National Guard'' means the Army National Guard 
        and the Air National Guard.
          (4) ``Army National Guard'' means that part of the 
        organized militia of the several States and 
        Territories, Puerto Rico, and the [District of 
        Columbia] Capital, active and inactive, that--
                  (A) is a land force;
                  (B) is trained, and has its officers 
                appointed, under the sixteenth clause of 
                section 8, article I, of the Constitution;
                  (C) is organized, armed, and equipped wholly 
                or partly at Federal expense; and
                  (D) is federally recognized.
          (5) ``Army National Guard of the United States'' 
        means the reserve component of the Army all of whose 
        members are members of the Army National Guard.
          (6) ``Air National Guard'' means that part of the 
        organized militia of the several States and 
        Territories, Puerto Rico, and the [District of 
        Columbia] Capital, active and inactive, that--
                  (A) is an air force;
                  (B) is trained, and has its officers 
                appointed, under the sixteenth clause of 
                section 8, article I of the Constitution;
                  (C) is organized, armed, and equipped wholly 
                or partly at Federal expense; and
                  (D) is federally recognized.
          (7) ``Air National Guard of the United States'' means 
        the reserve component of the Air Force all of whose 
        members are members of the Air National Guard.
          (8) ``Officer'' means commissioned or warrant 
        officer.
          (9) ``Enlisted member'' means a person enlisted in, 
        or inducted, called, or conscripted into, an armed 
        force in an enlisted grade.
          (10) ``Grade'' means a step or degree, in a graduated 
        scale of office or military rank, that is established 
        and designated as a grade by law or regulation.
          (11) ``Rank'' means the order of precedence among 
        members of the armed forces.
          (12) ``Active duty'' means full-time duty in the 
        active military service of the United States. It 
        includes such Federal duty as full-time training duty, 
        annual training duty, and attendance, while in the 
        active military service, at a school designated as a 
        service school by law or by the Secretary of the 
        military department concerned. It does not include 
        full-time National Guard duty.
          (13) ``Supplies'' includes material, equipment, and 
        stores of all kinds.
          (14) ``Shall'' is used in an imperative sense.
          (15) ``May'' is used in a permissive sense. The words 
        ``no person may * * *'' mean that no person is 
        required, authorized, or permitted to do the act 
        prescribed.
          (16) ``Includes'' means ``includes but is not limited 
        to''.
          (17) ``Pay'' includes basic pay, special pay, 
        incentive pay, retired pay, and equivalent pay, but 
        does not include allowances.
          (18) ``Spouse'' means husband or wife, as the case 
        may be.
          (19) ``Full-time National Guard duty'' means training 
        or other duty, other than inactive duty, performed by a 
        member of the Army National Guard of the United States 
        or the Air National Guard of the United States in the 
        member's status as a member of the National Guard of a 
        State or territory, the Commonwealth of Puerto Rico, or 
        the [District of Columbia] Capital under section 316, 
        502, 503, 504, or 505 of this title for which the 
        member is entitled to pay from the United States or for 
        which the member has waived pay from the United States.
          (20) ``Capital'' means the area serving as the seat 
        of the Government of the United States, as described in 
        section 112 of the Washington, D.C. Admission Act.

           *       *       *       *       *       *       *


Sec. 103. Branches and organizations

  The Army National Guard of each State, the Commonwealth of 
Puerto Rico, the [District of Columbia] Capital, Guam, and the 
Virgin Islands includes such members of the staff corps 
corresponding to the staff corps of the Army as the Secretary 
of the Army may authorize.

Sec. 104. Units: location; organization; command

  (a) Each State, the Commonwealth of Puerto Rico, Guam, and 
the Virgin Islands may fix the location of the units and 
headquarters of its National Guard.
  (b) Except as otherwise specifically provided in this title, 
the organization of the Army National Guard and the composition 
of its units shall be the same as those prescribed for the 
Army, subject, in time of peace, to such general exceptions as 
the Secretary of the Army may authorize; and the organization 
of the Air National Guard and the composition of its units 
shall be the same as those prescribed for the Air Force, 
subject, in time of peace, to such general exceptions as the 
Secretary of the Air Force may authorize.
  (c) To secure a force the units of which when combined will 
form complete higher tactical units, the President may 
designate the units of the National Guard, by branch of the 
Army or organization of the Air Force, to be maintained in each 
State, the Commonwealth of Puerto Rico, the [District of 
Columbia] Capital, Guam, and the Virgin Islands. However, no 
change in the branch, organization, or allotment of a unit 
located entirely within a State may be made without the 
approval of its governor.
  (d) To maintain appropriate organization and to assist in 
training and instruction, the President may assign the National 
Guard to divisions, wings, and other tactical units, and may 
detail commissioned officers of the National Guard or of the 
Regular Army or the Regular Air Force, as the case may be, to 
command those units. However, the commanding officer of a unit 
organized wholly within a State, the Commonwealth of Puerto 
Rico, the [District of Columbia] Capital, Guam, or the Virgin 
Islands may not be displaced under this subsection.
  (e) To insure prompt mobilization of the National Guard in 
time of war or other emergency, the President may, in time of 
peace, detail a commissioned officer of the Regular Army to 
perform the duties of chief of staff for each fully organized 
division of the Army National Guard, and a commissioned officer 
of the Regular Air Force to perform the duties of the 
corresponding position for each fully organized wing of the Air 
National Guard.
  (f) Unless the President consents--
          (1) an organization of the National Guard whose 
        members have received compensation from the United 
        States as members of the National Guard may not be 
        disbanded; and
          (2) the actual strength of such an organization in 
        commissioned officers or enlisted members may not be 
        reduced below the minimum strength prescribed by the 
        President.

           *       *       *       *       *       *       *


Sec. 107. Availability of appropriations

  (a) Under such regulations as the Secretary concerned may 
prescribe, appropriations for the National Guard are available 
for--
          (1) the necessary expenses of members of a regular or 
        reserve component of the Army or the Air Force 
        traveling on duty in connection with the National 
        Guard;
          (2) the necessary expenses of members of the Regular 
        Army or the Regular Air Force on duty in the National 
        Guard Bureau or with the Army Staff or the Air Staff, 
        traveling to and from annual conventions of the 
        Enlisted Association of the National Guard of the 
        United States, the National Guard Association of the 
        United States, or the Adjutants General Association;
          (3) the transportation of supplies furnished to the 
        National Guard as permanent equipment;
          (4) the office rent and necessary office expenses of 
        officers of a regular or reserve component of the Army 
        or the Air Force on duty with the National Guard;
          (5) the expenses of the National Guard Bureau, 
        including clerical services;
          (6) the promotion of rifle practice, including the 
        acquisition, construction, maintenance, and equipment 
        of shooting galleries and suitable target ranges;
          (7) such incidental expenses of authorized 
        encampments, maneuvers, and field instruction as the 
        Secretary considers necessary; and
          (8) other expenses of the National Guard authorized 
        by law.
  (b) The expenses of enlisted members of the Regular Army or 
the Regular Air Force on duty with the National Guard shall be 
paid from appropriations for the Army National Guard or the Air 
National Guard, as the case may be, but not from the allotment 
of a State, the Commonwealth of Puerto Rico, the [District of 
Columbia] Capital, Guam, or the Virgin Islands. Payable 
expenses include allowances for subsistence and housing under 
sections 402 and 403 of title 37 and expenses for medicine and 
medical attendance.
  (c) The pay and allowances for the Chief of the National 
Guard Bureau and officers of the Army National Guard of the 
United States or the Air National Guard of the United States 
called to active duty under section 12402 of title 10 shall be 
paid from appropriations for the pay of the Army National Guard 
or Air National Guard.

           *       *       *       *       *       *       *


Sec. 109. Maintenance of other troops

  (a) In time of peace, a State, the Commonwealth of Puerto 
Rico, the [District of Columbia] Capital, Guam, or the Virgin 
Islands may maintain no troops other than those of its National 
Guard and defense forces authorized by subsection (c).
  (b) Nothing in this title limits the right of a State, the 
Commonwealth of Puerto Rico, the [District of Columbia] 
Capital, Guam, or the Virgin Islands to use its National Guard 
or its defense forces authorized by subsection (c) within its 
borders in time of peace, or prevents it from organizing and 
maintaining police or constabulary.
  (c) In addition to its National Guard, if any, a State, the 
Commonwealth of Puerto Rico, the [District of Columbia] 
Capital, Guam, or the Virgin Islands may, as provided by its 
laws, organize and maintain defense forces. A defense force 
established under this section may be used within the 
jurisdiction concerned, as its chief executive (or commanding 
general in the case of the [District of Columbia] Capital) 
considers necessary, but it may not be called, ordered, or 
drafted into the armed forces.
  (d) A member of a defense force established under subsection 
(c) is not, because of that membership, exempt from service in 
the armed forces, nor is he entitled to pay, allowances, 
subsistence, transportation, or medical care or treatment, from 
funds of the United States.
  (e) A person may not become a member of a defense force 
established under subsection (c) if he is a member of a reserve 
component of the armed forces.

           *       *       *       *       *       *       *


Sec. 112. Drug interdiction and counter-drug activities

  (a) Funding Assistance.--The Secretary of Defense may provide 
funds to the Governor of a State who submits to the Secretary a 
State drug interdiction and counter-drug activities plan 
satisfying the requirements of subsection (c). Such funds shall 
be used for the following:
          (1) The pay, allowances, clothing, subsistence, 
        gratuities, travel, and related expenses, as authorized 
        by State law, of personnel of the National Guard of 
        that State used, while not in Federal service, for the 
        purpose of drug interdiction and counter-drug 
        activities.
          (2) The operation and maintenance of the equipment 
        and facilities of the National Guard of that State used 
        for the purpose of drug interdiction and counter-drug 
        activities.
          (3) The procurement of services and equipment, and 
        the leasing of equipment, for the National Guard of 
        that State used for the purpose of drug interdiction 
        and counter-drug activities. However, the use of such 
        funds for the procurement of equipment may not exceed 
        $5,000 per item, unless approval for procurement of 
        equipment in excess of that amount is granted in 
        advance by the Secretary of Defense.
  (b) Use of Personnel Performing Full-Time National Guard 
Duty.--(1) Under regulations prescribed by the Secretary of 
Defense, personnel of the National Guard of a State may, in 
accordance with the State drug interdiction and counter-drug 
activities plan referred to in subsection (c), be ordered to 
perform full-time National Guard duty under section 502(f) of 
this title for the purpose of carrying out drug interdiction 
and counter-drug activities.
  (2)(A) A member of the National Guard serving on full-time 
National Guard duty under orders authorized under paragraph (1) 
shall participate in the training required under section 502(a) 
of this title in addition to the duty performed for the purpose 
authorized under that paragraph. The pay, allowances, and other 
benefits of the member while participating in the training 
shall be the same as those to which the member is entitled 
while performing duty for the purpose of carrying out drug 
interdiction and counter-drug activities. The member is not 
entitled to additional pay, allowances, or other benefits for 
participation in training required under section 502(a)(1) of 
this title.
  (B) Appropriations available for the Department of Defense 
for drug interdiction and counter-drug activities may be used 
for paying costs associated with a member's participation in 
training described in subparagraph (A). The appropriation shall 
be reimbursed in full, out of appropriations available for 
paying those costs, for the amounts paid. Appropriations 
available for paying those costs shall be available for making 
the reimbursements.
  (C) To ensure that the use of units and personnel of the 
National Guard of a State pursuant to a State drug interdiction 
and counter-drug activities plan does not degrade the training 
and readiness of such units and personnel, the following 
requirements shall apply in determining the drug interdiction 
and counter-drug activities that units and personnel of the 
National Guard of a State may perform:
          (i) The performance of the activities may not 
        adversely affect the quality of that training or 
        otherwise interfere with the ability of a member or 
        unit of the National Guard to perform the military 
        functions of the member or unit.
          (ii) National Guard personnel will not degrade their 
        military skills as a result of performing the 
        activities.
          (iii) The performance of the activities will not 
        result in a significant increase in the cost of 
        training.
          (iv) In the case of drug interdiction and counter-
        drug activities performed by a unit organized to serve 
        as a unit, the activities will support valid unit 
        training requirements.
  (3) A unit or member of the National Guard of a State may be 
used, pursuant to a State drug interdiction and counter-drug 
activities plan approved by the Secretary of Defense under this 
section, to provide services or other assistance (other than 
air transportation) to an organization eligible to receive 
services under section 508 of this title if--
          (A) the State drug interdiction and counter-drug 
        activities plan specifically recognizes the 
        organization as being eligible to receive the services 
        or assistance;
          (B) in the case of services, the performance of the 
        services meets the requirements of paragraphs (1) and 
        (2) of subsection (a) of section 508 of this title; and
          (C) the services or assistance is authorized under 
        subsection (b) or (c) of such section or in the State 
        drug interdiction and counter-drug activities plan.
  (c) Plan Requirements.--A State drug interdiction and 
counter-drug activities plan shall--
          (1) specify how personnel of the National Guard of 
        that State are to be used in drug interdiction and 
        counter-drug activities;
          (2) certify that those operations are to be conducted 
        at a time when the personnel involved are not in 
        Federal service;
          (3) certify that participation by National Guard 
        personnel in those operations is service in addition to 
        training required under section 502 of this title;
          (4) certify that any engineer-type activities (as 
        defined by the Secretary of Defense) under the plan 
        will be performed only by units and members of the 
        National Guard;
          (5) include a certification by the Attorney General 
        of the State (or, in the case of a State with no 
        position of Attorney General, a civilian official of 
        the State equivalent to a State attorney general) that 
        the use of the National Guard of the State for the 
        activities proposed under the plan is authorized by, 
        and is consistent with, State law; and
          (6) certify that the Governor of the State or a 
        civilian law enforcement official of the State 
        designated by the Governor has determined that any 
        activities included in the plan that are carried out in 
        conjunction with Federal law enforcement agencies serve 
        a State law enforcement purpose.
  (d) Examination of Plan.--(1) Before funds are provided to 
the Governor of a State under this section and before members 
of the National Guard of that State are ordered to full-time 
National Guard duty as authorized in subsection (b), the 
Secretary of Defense shall examine the adequacy of the plan 
submitted by the Governor under subsection (c). The plan as 
approved by the Secretary may provide for the use of personnel 
and equipment of the National Guard of that State to assist the 
Immigration and Naturalization Service in the transportation of 
aliens who have violated a Federal or State law prohibiting or 
regulating the possession, use, or distribution of a controlled 
substance.
  (2) Except as provided in paragraph (3), the Secretary shall 
carry out paragraph (1) in consultation with the Director of 
National Drug Control Policy.
  (3) Paragraph (2) shall not apply if--
          (A) the Governor of a State submits a plan under 
        subsection (c) that is substantially the same as a plan 
        submitted for that State for a previous fiscal year; 
        and
          (B) pursuant to the plan submitted for a previous 
        fiscal year, funds were provided to the State in 
        accordance with subsection (a) or personnel of the 
        National Guard of the State were ordered to perform 
        full-time National Guard duty in accordance with 
        subsection (b).
  (e) End Strength Limitation.--(1) Except as provided in 
paragraph (2), at the end of a fiscal year there may not be 
more than 4000 members of the National Guard--
          (A) on full-time National Guard duty under section 
        502(f) of this title to perform drug interdiction or 
        counter-drug activities pursuant to an order to duty; 
        or
          (B) on duty under State authority to perform drug 
        interdiction or counter-drug activities pursuant to an 
        order to duty with State pay and allowances being 
        reimbursed with funds provided under subsection (a)(1).
  (2) The Secretary of Defense may increase the end strength 
authorized under paragraph (1) by not more than 20 percent for 
any fiscal year if the Secretary determines that such an 
increase is necessary in the national security interests of the 
United States.
  (f) Annual Report.--The Secretary of Defense shall submit to 
Congress an annual report regarding assistance provided and 
activities carried out under this section during the preceding 
fiscal year. The report shall include the following:
          (1) The number of members of the National Guard 
        excluded under subsection (e) from the computation of 
        end strengths.
          (2) A description of the drug interdiction and 
        counter-drug activities conducted under State drug 
        interdiction and counter-drug activities plans referred 
        to in subsection (c) with funds provided under this 
        section.
          (3) An accounting of the amount of funds provided to 
        each State.
          (4) A description of the effect on military training 
        and readiness of using units and personnel of the 
        National Guard to perform activities under the State 
        drug interdiction and counter-drug activities plans.
  (g) Statutory Construction.--Nothing in this section shall be 
construed as a limitation on the authority of any unit of the 
National Guard of a State, when such unit is not in Federal 
service, to perform law enforcement functions authorized to be 
performed by the National Guard by the laws of the State 
concerned.
  (h) Definitions.--For purposes of this section:
          (1) The term ``drug interdiction and counter-drug 
        activities'', with respect to the National Guard of a 
        State, means the use of National Guard personnel in 
        drug interdiction and counter-drug law enforcement 
        activities, including drug demand reduction activities, 
        authorized by the law of the State and requested by the 
        Governor of the State.
          (2) The term ``Governor of a State'' means, in the 
        case of the [District of Columbia,] Capital, the 
        Commanding General of the [National Guard of the 
        District of Columbia] Capital National Guard.
          (3) The term ``State'' means each of the several 
        States, the [District of Columbia,] Capital, the 
        Commonwealth of Puerto Rico, or a territory or 
        possession of the United States.

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CHAPTER 3--PERSONNEL

           *       *       *       *       *       *       *


Sec. 304. Enlistment oath

  Each person enlisting in the National Guard shall sign an 
enlistment contract and subscribe to the following oath:
          ``I do hereby acknowledge to have voluntarily 
        enlisted this __ day of ____, 19--, in the ______ 
        National Guard of the State of ______ for a period of 
        __ year(s) under the conditions prescribed by law, 
        unless sooner discharged by proper authority.
          ``I, ________, do solemnly swear (or affirm) that I 
        will support and defend the Constitution of the United 
        States and of the State of ______ against all enemies, 
        foreign and domestic; that I will bear true faith and 
        allegiance to them; and that I will obey the orders of 
        the President of the United States and the Governor of 
        ______ and the orders of the officers appointed over 
        me, according to law and regulations. So help me God.''
   The oath may be taken before any officer of the National 
Guard of the State or Territory, or of Puerto Rico, or the 
[District of Columbia] Capital, as the case may be, or before 
any other person authorized by the law of the jurisdiction 
concerned to administer oaths of enlistment in the National 
Guard.

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Sec. 314. Adjutants general

  (a) There shall be an adjutant general in each State, the 
Commonwealth of Puerto Rico, the [District of Columbia] 
Capital, Guam, and the Virgin Islands. He shall perform the 
duties prescribed by the laws of that jurisdiction.
  (b) The President shall appoint the adjutant general of the 
[District of Columbia] Capital and prescribe his grade and 
qualifications.
  (c) The President may detail as adjutant general of the 
[District of Columbia] Capital any retired commissioned officer 
of the Regular Army or the Regular Air Force recommended for 
that detail by the commanding general of the [District of 
Columbia] Capital National Guard. An officer detailed under 
this subsection is entitled to the basic pay and allowances of 
his grade.
  (d) The adjutant general of each State, the Commonwealth of 
Puerto Rico, the [District of Columbia] Capital, Guam, and the 
Virgin Islands, and officers of the National Guard, shall make 
such returns and reports as the Secretary of the Army or the 
Secretary of the Air Force may prescribe, and shall make those 
returns and reports to the Secretary concerned or to any 
officer designated by him.

Sec. 315. Detail of regular members of Army and Air Force to duty with 
                    National Guard

  (a) The Secretary of the Army shall detail commissioned 
officers of the Regular Army to duty with the Army National 
Guard of each State, the Commonwealth of Puerto Rico, the 
[District of Columbia] Capital, Guam, and the Virgin Islands. 
The Secretary of the Air Force shall detail commissioned 
officers of the Regular Air Force to duty with the Air National 
Guard of each State, the Commonwealth of Puerto Rico, the 
[District of Columbia] Capital, Guam, and the Virgin Islands. 
With the permission of the President, an officer so detailed 
may accept a commission in the Army National Guard or the Air 
National Guard, as the case may be, terminable in the 
President's discretion, without prejudicing his rank and 
without vacating his regular appointment.
  (b) The Secretary of the Army may detail enlisted members of 
the Regular Army for duty with the Army National Guard of each 
State, the Commonwealth of Puerto Rico, the [District of 
Columbia] Capital, Guam, and the Virgin Islands. The Secretary 
of the Air Force may detail enlisted members of the Regular Air 
Force for duty with the Air National Guard of each State, the 
Commonwealth of Puerto Rico, the [District of Columbia] 
Capital, Guam, and the Virgin Islands.

           *       *       *       *       *       *       *


Sec. 324. Discharge of officers; termination of appointment

  (a) An officer of the National Guard shall be discharged 
when--
          (1) he becomes 64 years of age; or
          (2) his Federal recognition is withdrawn.
The official who would be authorized to appoint him shall give 
him a discharge certificate.
  (b) Subject to subsection (a), the appointment of an officer 
of the National Guard may be terminated or vacated as provided 
by the laws of the State of whose National Guard he is a 
member, or by the laws of the Commonwealth of Puerto Rico, or 
the [District of Columbia] Capital, Guam, or the Virgin 
Islands, of whose National Guard he is a member.
  (c) Notwithstanding subsection (a)(1), an officer of the 
National Guard serving as a chaplain, medical officer, dental 
officer, nurse, veterinarian, Medical Service Corps officer, or 
biomedical sciences officer may be retained, with the officer's 
consent, until the date on which the officer becomes 68 years 
of age.

Sec. 325. Relief from National Guard duty when ordered to active duty

  (a) Relief Required.--(1) Except as provided in paragraph 
(2), each member of the Army National Guard of the United 
States or the Air National Guard of the United States who is 
ordered to active duty is relieved from duty in the National 
Guard of his State, or of the Commonwealth of Puerto Rico, 
Guam, or the Virgin Islands or the [District of Columbia] 
Capital, as the case may be, from the effective date of his 
order to active duty until he is relieved from that duty.
  (2) An officer of the Army National Guard of the United 
States or the Air National Guard of the United States is not 
relieved from duty in the National Guard of his State, or of 
the Commonwealth of Puerto Rico, Guam, or the Virgin Islands or 
the [District of Columbia] Capital, under paragraph (1) while 
serving on active duty if--
          (A) the President authorizes such service in both 
        duty statuses; and
          (B) the Governor of his State, or of the Commonwealth 
        of Puerto Rico, Guam, or the Virgin Islands, or the 
        commanding general of the [District of Columbia] 
        Capital National Guard, as the case may be, consents to 
        such service in both duty statuses.
  (b) Advance Authorization and Consent.--The President and the 
Governor of a State or Territory, or of the Commonwealth of 
Puerto Rico, or the commanding general of the [District of 
Columbia] Capital National Guard, as applicable, may give the 
authorization or consent required by subsection (a)(2) with 
respect to an officer in advance for the purpose of 
establishing the succession of command of a unit.
  (c) Return to State Status.--So far as practicable, members, 
organizations, and units of the Army National Guard of the 
United States or the Air National Guard of the United States 
ordered to active duty shall be returned to their National 
Guard status upon relief from that duty.

Sec. 326. Courts-martial of National Guard not in Federal service: 
                    composition, jurisdiction, and procedures

  In the National Guard not in Federal service, there are 
general, special, and summary courts-martial constituted like 
similar courts of the Army and the Air Force. They have the 
jurisdiction and powers, except as to punishments, and shall 
follow the forms and procedures, provided for those courts. 
Punishments shall be as provided by the laws of the respective 
States, the Commonwealth of Puerto Rico, the [District of 
Columbia] Capital, Guam, and the Virgin Islands.

Sec. 327. Courts-martial of National Guard not in Federal service: 
                    convening authority

  (a) In the National Guard not in Federal service, general, 
special, and summary courts-martial may be convened as provided 
by the laws of the respective States, the Commonwealth of 
Puerto Rico, the [District of Columbia] Capital, Guam, and the 
Virgin Islands.
  (b) In the National Guard not in Federal service--
          (1) general courts-martial may be convened by the 
        President;
          (2) special courts-martial may be convened--
                  (A) by the commanding officer of a garrison, 
                fort, post, camp, air base, auxiliary air base, 
                or other place where members of the National 
                Guard are on duty; or
                  (B) by the commanding officer of a division, 
                brigade, regiment, wing, group, detached 
                battalion, separate squadron, or other detached 
                command; and
          (3) summary courts-martial may be convened--
                  (A) by the commanding officer of a garrison, 
                fort, post, camp, air base, auxiliary air base, 
                or other place where members of the National 
                Guard are on duty; or
                  (B) by the commanding officer of a division, 
                brigade, regiment, wing, group, detached 
                battalion, detached squadron, detached company, 
                or other detachment.
  (c) The convening authorities provided under subsection (b) 
are in addition to the convening authorities provided under 
subsection (a).

Sec. 328. Active Guard and Reserve duty: Governor's authority

  (a) Authority.--The Governor of a State or the Commonwealth 
of Puerto Rico, Guam, or the Virgin Islands, or the commanding 
general of the [District of Columbia] Capital National Guard, 
as the case may be, with the consent of the Secretary 
concerned, may order a member of the National Guard to perform 
Active Guard and Reserve duty, as defined by section 101(d)(6) 
of title 10, pursuant to section 502(f) of this title.
  (b) Duties.--A member of the National Guard performing duty 
under subsection (a) may perform the additional duties 
specified in section 502(f)(2) of this title to the extent that 
the performance of those duties does not interfere with the 
performance of the member's primary Active Guard and Reserve 
duties of organizing, administering, recruiting, instructing, 
and training the reserve components.

           *       *       *       *       *       *       *


CHAPTER 5--TRAINING

           *       *       *       *       *       *       *


Sec. 501. Training generally

  (a) The discipline, including training, of the Army National 
Guard shall conform to that of the Army. The discipline, 
including training, of the Air National Guard shall conform to 
that of the Air Force.
  (b) The training of the National Guard shall be conducted by 
the several States, the Commonwealth of Puerto Rico, the 
[District of Columbia] Capital, Guam, and the Virgin Islands in 
conformity with this title.

           *       *       *       *       *       *       *


Sec. 503. Participation in field exercises

  (a)(1) Under such regulations as the President may prescribe, 
the Secretary of the Army and the Secretary of the Air Force, 
as the case may be, may provide for the participation of the 
National Guard in encampments, maneuvers, outdoor target 
practice, or other exercises for field or coast-defense 
instruction, independently of or in conjunction with the Army 
or the Air Force, or both.
  (2) Paragraph (1) includes authority to provide for 
participation of the National Guard in conjunction with the 
Army or the Air Force, or both, in joint exercises for 
instruction to prepare the National Guard for response to civil 
emergencies and disasters.
  (b) Amounts necessary for the pay, subsistence, 
transportation, and other proper expenses of any part of the 
National Guard of a State, the Commonwealth of Puerto Rico, the 
[District of Columbia] Capital, Guam, or the Virgin Islands 
participating in an exercise under subsection (a) may be set 
aside from funds allocated to it from appropriations for field 
or coast-defense instruction.
  (c) Members of the National Guard participating in an 
exercise under subsection (a) may, after being mustered, be 
paid for the period beginning with the date of leaving home and 
ending with the date of return, as determined in advance. If 
otherwise correct, such a payment passes to the credit of the 
disbursing officer.

Sec. 504. National Guard schools and small arms competitions

  (a) Under regulations to be prescribed by the Secretary of 
the Army or Secretary of the Air Force, as the case may be, 
members of the National Guard may--
          (1) attend schools conducted by the Army or the Air 
        Force, as appropriate;
          (2) conduct or attend schools conducted by the 
        National Guard; or
          (3) participate in small arms competitions.
  (b) Activities authorized under subsection (a) for members of 
the National Guard of a State or territory, Puerto Rico, or the 
[District of Columbia] Capital may be held inside or outside 
its boundaries.

Sec. 505. Army and Air Force schools and field exercises

  Under such regulations as the President may prescribe and 
upon the recommendation of the governor of any State, the 
Commonwealth of Puerto Rico, Guam, and the Virgin Islands or of 
the commanding general of the [National Guard of the District 
of Columbia] Capital National Guard, the Secretary of the Army 
may authorize a limited number of members of its Army National 
Guard to--
          (1) attend any service school except the United 
        States Military Academy, and to pursue a regular course 
        of study at the school; or
          (2) be attached to an organization of the branch of 
        the Army corresponding to the organization of the Army 
        National Guard to which the member belongs, for routine 
        practical instruction at or near an Army post during 
        field training or other outdoor exercise.
Similarly, the Secretary of the Air Force may authorize a 
limited number of members of the Air National Guard to--
          (1) attend any service school except the United 
        States Air Force Academy, and to pursue a regular 
        course of study at the school; or
          (2) be attached to an organization of the Air Force 
        corresponding to the organization of the Air National 
        Guard to which the member belongs, for routine 
        practical instruction at an air base during field 
        training or other outdoor exercise.

           *       *       *       *       *       *       *


Sec. 509. National Guard Youth Challenge Program of opportunities for 
                    civilian youth

  (a) Program Authority and Purpose.--The Secretary of Defense 
may use the National Guard to conduct a civilian youth 
opportunities program, to be known as the ``National Guard 
Youth Challenge Program'', which shall consist of at least a 
22-week residential program and a 12-month post-residential 
mentoring period. The Program shall seek to improve life skills 
and employment potential of participants by providing military-
based training and supervised work experience, together with 
the core program components of assisting participants to 
receive a high school diploma or its equivalent, leadership 
development, promoting fellowship and community service, 
developing life coping skills and job skills, and improving 
physical fitness and health and hygiene.
  (b) Conduct of the Program.--(1) The Secretary of Defense 
shall provide for the conduct of the Program in such States as 
the Secretary considers to be appropriate.
  (2) The Secretary shall carry out the Program using--
          (A) funds appropriated directly to the Secretary of 
        Defense for the Program, except that the amount of 
        funds appropriated directly to the Secretary and 
        expended for the Program in fiscal year 2001 or 2002 
        may not exceed $62,500,000; and
          (B) nondefense funds made available or transferred to 
        the Secretary of Defense by other Federal agencies to 
        support the Program.
  (3) Federal funds made available or transferred to the 
Secretary of Defense under paragraph (2)(B) by other Federal 
agencies to support the Program may be expended for the Program 
in excess of the fiscal year limitation specified in paragraph 
(2)(A).
  (4) The Secretary of Defense shall remain the executive agent 
to carry out the Program regardless of the source of funds for 
the Program or any transfer of jurisdiction over the Program 
within the executive branch. As provided in subsection (a), the 
Secretary may use the National Guard to conduct the Program.
  (c) Program Agreements.--(1) To carry out the Program in a 
State, the Secretary of Defense shall enter into an agreement 
with the Governor of the State or, in the case of the [District 
of Columbia] Capital, with the commanding general of the 
[District of Columbia] Capital National Guard, under which the 
Governor or the commanding general will establish, organize, 
and administer the Program in the State.
  (2) The agreement may provide for the Secretary to provide 
funds to the State for civilian personnel costs attributable to 
the use of civilian employees of the National Guard in the 
conduct of the Program.
  (d) Matching Funds Required.--(1) The amount of assistance 
provided by the Secretary of Defense to a State program of the 
Program for a fiscal year under this section may not exceed 75 
percent of the costs of operating the State program during that 
fiscal year.
  (2) The limitation in paragraph (1) may not be construed as a 
limitation on the amount of assistance that may be provided to 
a State program of the Program for a fiscal year from sources 
other than the Department of Defense.
  (e) Persons Eligible To Participate in Program.--A school 
dropout from secondary school shall be eligible to participate 
in the Program. The Secretary of Defense shall prescribe the 
standards and procedures for selecting participants from among 
school dropouts.
  (f) Authorized Benefits for Participants.--(1) To the extent 
provided in an agreement entered into in accordance with 
subsection (c) and subject to the approval of the Secretary of 
Defense, a person selected for training in the Program may 
receive the following benefits in connection with that 
training:
          (A) Allowances for travel expenses, personal 
        expenses, and other expenses.
          (B) Quarters.
          (C) Subsistence.
          (D) Transportation.
          (E) Equipment.
          (F) Clothing.
          (G) Recreational services and supplies.
          (H) Other services.
          (I) Subject to paragraph (2), a temporary stipend 
        upon the successful completion of the training, as 
        characterized in accordance with procedures provided in 
        the agreement.
  (2) In the case of a person selected for training in the 
Program who afterwards becomes a member of the Civilian 
Community Corps under subtitle E of title I of the National and 
Community Service Act of 1990 (42 U.S.C. 12611 et seq.), the 
person may not receive a temporary stipend under paragraph 
(1)(I) while the person is a member of that Corps. The person 
may receive the temporary stipend after completing service in 
the Corps unless the person elects to receive benefits provided 
under subsection (f) or (g) of section 158 of such Act (42 
U.S.C. 12618).
  (g) Program Personnel.--(1) Personnel of the National Guard 
of a State in which the Program is conducted may serve on full-
time National Guard duty for the purpose of providing command, 
administrative, training, or supporting services for the 
Program. For the performance of those services, any such 
personnel may be ordered to duty under section 502(f) of this 
title for not longer than the period of the Program.
  (2) A Governor participating in the Program and the 
commanding general of the [District of Columbia] Capital 
National Guard (if the [District of Columbia] Capital National 
Guard is participating in the Program) may procure by contract 
the temporary full time services of such civilian personnel as 
may be necessary to augment National Guard personnel in 
carrying out the Program in that State.
  (3) Civilian employees of the National Guard performing 
services for the Program and contractor personnel performing 
such services may be required, when appropriate to achieve the 
purposes of the Program, to be members of the National Guard 
and to wear the military uniform.
  (h) Equipment and Facilities.--(1) Equipment and facilities 
of the National Guard, including military property of the 
United States issued to the National Guard, may be used in 
carrying out the Program.
  (2) Equipment and facilities of the Department of Defense may 
be used by the National Guard for purposes of carrying out the 
Program.
  (3) Activities under the Program shall be considered 
noncombat activities of the National Guard for purposes of 
section 710 of this title.
  (i) Status of Participants.--(1) A person receiving training 
under the Program shall be considered an employee of the United 
States for the purposes of the following provisions of law:
          (A) Subchapter I of chapter 81 of title 5 (relating 
        to compensation of Federal employees for work 
        injuries).
          (B) Section 1346(b) and chapter 171 of title 28 and 
        any other provision of law relating to the liability of 
        the United States for tortious conduct of employees of 
        the United States.
  (2) In the application of the provisions of law referred to 
in paragraph (1)(A) to a person referred to in paragraph (1)--
          (A) the person shall not be considered to be in the 
        performance of duty while the person is not at the 
        assigned location of training or other activity or duty 
        authorized in accordance with a Program agreement 
        referred to in subsection (c), except when the person 
        is traveling to or from that location or is on pass 
        from that training or other activity or duty;
          (B) the person's monthly rate of pay shall be deemed 
        to be the minimum rate of pay provided for grade GS-2 
        of the General Schedule under section 5332 of title 5; 
        and
          (C) the entitlement of a person to receive 
        compensation for a disability shall begin on the day 
        following the date on which the person's participation 
        in the Program is terminated.
  (3) A person referred to in paragraph (1) may not be 
considered an employee of the United States for any purpose 
other than a purpose set forth in that paragraph.
  (j) Supplemental Resources.--To carry out the Program in a 
State, the Governor of the State or, in the case of the 
[District of Columbia] Capital, the commanding general of the 
[District of Columbia] Capital National Guard may supplement 
funds made available under the Program out of other resources 
(including gifts) available to the Governor or the commanding 
general. The Governor or the commanding general may accept, 
use, and dispose of gifts or donations of money, other 
property, or services for the Program.
  (k) Report.--Within 90 days after the end of each fiscal 
year, the Secretary of Defense shall submit to Congress a 
report on the design, conduct, and effectiveness of the Program 
during the preceding fiscal year. In preparing the report, the 
Secretary shall coordinate with the Governor of each State in 
which the Program is carried out and, if the Program is carried 
out in the [District of Columbia] Capital, with the commanding 
general of the [District of Columbia] Capital National Guard.
  (l) Definitions.--In this section:
          (1) The term ``State'' includes the Commonwealth of 
        Puerto Rico, the territories, and the [District of 
        Columbia] Capital.
          (2) The term ``school dropout'' means an individual 
        who is no longer attending any school and who has not 
        received a secondary school diploma or a certificate 
        from a program of equivalency for such a diploma.
          (3) The term ``Program'' means the National Guard 
        Youth Challenge Program carried out pursuant to this 
        section.
  (m) Regulations.--The Secretary of Defense shall prescribe 
regulations to carry out the Program. The regulations shall 
address at a minimum the following:
          (1) The terms to be included in the Program 
        agreements required by subsection (c).
          (2) The qualifications for persons to participate in 
        the Program, as required by subsection (e).
          (3) The benefits authorized for Program participants, 
        as required by subsection (f).
          (4) The status of National Guard personnel assigned 
        to duty in support of the Program under subsection (g).
          (5) The conditions for the use of National Guard 
        facilities and equipment to carry out the Program, as 
        required by subsection (h).
          (6) The status of Program participants, as described 
        in subsection (i).
          (7) The procedures to be used by the Secretary when 
        communicating with States about the Program.

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CHAPTER 7--SERVICE, SUPPLY, AND PROCUREMENT

           *       *       *       *       *       *       *


Sec. 702. Issue of supplies

  (a) Under such regulations as the President may prescribe, 
the Secretary of the Army and the Secretary of the Air Force 
may buy or manufacture and, upon requisition of the governor of 
any State, the Commonwealth of Puerto Rico, Guam, and the 
Virgin Islands or the commanding general of the [National Guard 
of the District of Columbia] Capital National Guard, issue to 
its Army National Guard and Air National Guard, respectively, 
the supplies necessary to uniform, arm, and equip that Army 
National Guard or Air National Guard for field duty.
  (b) Whenever the Secretary concerned is satisfied that the 
Army National Guard or the Air National Guard, as the case may 
be, of any State or Territory, Puerto Rico, or the [District of 
Columbia] Capital is properly organized, armed, and equipped 
for field duty, funds allotted to that jurisdiction for its 
Army National Guard or Air National Guard may be used to buy 
any article issued by the Army or the Air Force, as the case 
may be.
  (c) Under such regulations as the President may prescribe, 
the issue of new types of equipment, small arms, or field guns 
to the National Guard of any State or Territory, Puerto Rico, 
or the [District of Columbia] Capital shall be without charge 
against appropriations for the National Guard.
  (d) No property may be issued to the National Guard of a 
State or Territory, Puerto Rico, or the [District of Columbia] 
Capital, unless that jurisdiction makes provision, satisfactory 
to the Secretary concerned, for its protection and care.

Sec. 703. Purchases of supplies by States from Army or Air Force

  (a) Subject to the approval of the Secretary of the Army, any 
State, the Commonwealth of Puerto Rico, the [District of 
Columbia] Capital, Guam, or the Virgin Islands may buy from the 
Department of the Army, for its National Guard or the officers 
thereof, supplies and military publications furnished to the 
Army, in addition to other supplies issued to its Army National 
Guard. On the same basis, it may buy similar property from the 
Department of the Air Force. A purchase under this subsection 
shall be for cash, at cost plus transportation.
  (b) In time of actual or threatened war, the United States 
may requisition for military use any property bought under 
subsection (a). Credit for the return in kind of property so 
requisitioned shall be given to the State, the Commonwealth of 
Puerto Rico, the [District of Columbia] Capital, Guam, or the 
Virgin Islands from which it is received.
  (c) Proceeds of sales by the Department of the Army and the 
Department of the Air Force under this section shall be 
credited to the appropriations from which the property was 
purchased, shall not be covered into the Treasury, and may be 
used to replace property sold under this section.

Sec. 704. Accountability: relief from upon order to active duty

  Upon ordering any part of the Army National Guard of the 
United States or the Air National Guard of the United States to 
active duty, the President may, upon such terms as he may 
prescribe, relieve the State, the Commonwealth of Puerto Rico, 
the [District of Columbia] Capital, Guam, or the Virgin 
Islands, whichever is concerned, of accountability for property 
of the United States previously issued to it for the use of 
that part.

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Sec. 708. Property and fiscal officers

  (a) The Governor of each State, the Commonwealth of Puerto 
Rico, Guam, and the Virgin Islands, and the commanding general 
of the [National Guard of the District of Columbia] Capital 
National Guard, shall, in consultation with the Chief of the 
National Guard Bureau, appoint, designate or detail, subject to 
the approval of the Secretary of the Army and the Secretary of 
the Air Force, a qualified commissioned officer of the National 
Guard of that jurisdiction who is also a commissioned officer 
of the Army National Guard of the United States or the Air 
National Guard of the United States, as the case may be, to be 
the property and fiscal officer of that jurisdiction. If the 
officer is not on active duty, the President may order him to 
active duty, with his consent, to serve as a property and 
fiscal officer.
  (b) Each property and fiscal officer shall--
          (1) receipt and account for all funds and property of 
        the United States in the possession of the National 
        Guard for which he is property and fiscal officer; and
          (2) make returns and reports concerning those funds 
        and that property, as required by the Secretary 
        concerned.
  (c) When he ceases to hold that assignment, a property and 
fiscal officer resumes his status as an officer of the National 
Guard.
  (d) The Secretaries shall prescribe a maximum grade, 
commensurate with the functions and responsibilities of the 
office, but not above colonel, for the property and fiscal 
officer of the United States for the National Guard of each 
State, the Commonwealth of Puerto Rico, the [District of 
Columbia] Capital, Guam, and the Virgin Islands.
  (e) The Secretary of the Army and the Secretary of the Air 
Force shall prescribe joint regulations necessary to carry out 
subsections (a)-(d).
  (f) A property and fiscal officer may intrust money to an 
officer of the National Guard to make disbursements as his 
agent. Both the officer to whom money is intrusted, and the 
property and disbursing officer intrusting the money to him, 
are pecuniarily responsible for that money to the United 
States. The agent officer is subject, for misconduct as an 
agent, to the liabilities and penalties prescribed by law in 
like cases for the property and fiscal officer for whom he is 
acting.

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Sec. 710. Accountability for property issued to the National Guard

  (a) All military property issued by the United States to the 
National Guard remains the property of the United States.
  (b) The Secretary of the Army shall prescribe regulations for 
accounting for property issued by the United States to the Army 
National Guard and for the fixing of responsibility for that 
property. The Secretary of the Air Force shall prescribe 
regulations for accounting for property issued by the United 
States to the Air National Guard and for the fixing of 
responsibility for that property. So far as practicable, 
regulations prescribed under this section shall be uniform 
among the components of each service.
  (c) Under regulations prescribed by the Secretary concerned 
under subsection (b), liability for the value of property 
issued by the United States to the National Guard that is lost, 
damaged, or destroyed may be charged (1) to a member of the 
Army National Guard or the Air National Guard when in similar 
circumstances a member of the Army or Air Force serving on 
active duty would be so charged, or (2) to a State, the 
Commonwealth of Puerto Rico, the [District of Columbia] 
Capital, Guam, or the Virgin Islands when the property is lost, 
damaged, or destroyed incident to duty directed pursuant to the 
laws of, and in support of the authorities of, such 
jurisdiction. Liability charged to a member of the Army 
National Guard or the Air National Guard shall be paid out of 
pay due to the member for duties performed as a member of the 
National Guard, unless the Secretary concerned shall for good 
cause remit or cancel that liability. Liability charged to a 
State, the Commonwealth of Puerto Rico, the [District of 
Columbia] Capital, Guam, or the Virgin Islands shall be paid 
from its funds or from any other non-Federal funds.
  (d) If property surveyed under this section is found to be 
unserviceable or unsuitable, the Secretary concerned or his 
designated representative shall direct its disposition by sale 
or otherwise. The proceeds of the following under this 
subsection shall be deposited in the Treasury under section 
4(b)(22) of the Permanent Appropriation Repeal Act, 1934:
          (1) A sale.
          (2) A stoppage against a member of the National 
        Guard.
          (3) A collection from a person, or from a State, the 
        Commonwealth of Puerto Rico, the [District of Columbia] 
        Capital, Guam, or the Virgin Islands, to reimburse the 
        United States for the loss or destruction of, or damage 
        to, the property.
  (e) If a State, the Commonwealth of Puerto Rico, the 
[District of Columbia] Capital, Guam, or the Virgin Islands, 
whichever is concerned, neglects or refuses to pay for the loss 
or destruction of, or damage to, property charged against it 
under subsection (c), the Secretary concerned may bar it from 
receiving any part of appropriations for the Army National 
Guard or the Air National Guard, as the case may be, until the 
payment is made.
  (f)(1) Instead of the procedure prescribed by subsections 
(b), (c), and (d), property issued to the National Guard that 
becomes unserviceable through fair wear and tear in service 
may, under regulations to be prescribed by the Secretary 
concerned, be sold or otherwise disposed of after an 
inspection, and a finding of unserviceability because of that 
wear and tear, by a commissioned officer designated by the 
Secretary. The State, the Commonwealth of Puerto Rico, the 
[District of Columbia] Capital, Guam, or the Virgin Islands, 
whichever is concerned, is relieved of accountability for that 
property.
  (2) In designating an officer to conduct inspections and make 
findings for purposes of paragraph (1), the Secretary concerned 
shall designate--
          (A) in the case of the Army National Guard, a 
        commissioned officer of the Regular Army or a 
        commissioned officer of the Army National Guard who is 
        also a commissioned officer of the Army National Guard 
        of the United States; and
          (B) in the case of the Air National Guard, a 
        commissioned officer of the Regular Air Force or a 
        commissioned officer of the Air National Guard who is 
        also a commissioned officer of the Air National Guard 
        of the United States.

Sec. 711. Disposition of obsolete or condemned property

  Each State, the Commonwealth of Puerto Rico, the [District of 
Columbia] Capital, Guam, and the Virgin Islands shall, upon 
receiving new property issued to its National Guard to replace 
obsolete or condemned issues of property, return the replaced 
property to the Department of the Army or the Department of the 
Air Force, as the case may be, or otherwise dispose of it, as 
the Secretary concerned directs. No money credit may be allowed 
for property disposed of under this section.

Sec. 712. Disposition of proceeds of condemned stores issued to 
                    National Guard

  The following shall be covered into the Treasury:
          (1) The proceeds from sales of condemned stores 
        issued to the National Guard of a State, the 
        Commonwealth of Puerto Rico, the [District of Columbia] 
        Capital, Guam, or the Virgin Islands, and not charged 
        against its allotment.
          (2) The net proceeds from collections made from any 
        person to reimburse the United States for the loss or 
        destruction of, or damage to, property described in 
        clause (1).
          (3) Stoppage against members of the National Guard 
        for the loss or destruction of, or damage to, property 
        described in clause (1).

           *       *       *       *       *       *       *


Sec. 715. Property loss; personal injury or death: activities under 
                    certain sections of this title

  (a) Under such regulations as the Secretary of the Army or 
Secretary of the Air Force may prescribe, he or, subject to 
appeal to him, the Judge Advocate General of the armed force 
under his jurisdiction, if designated by him, may settle and 
pay in an amount not more than $100,000 a claim against the 
United States for--
          (1) damage to, or loss of, real property, including 
        damage or loss incident to use and occupancy;
          (2) damage to, or loss of, personal property, 
        including property bailed to the United States or the 
        National Guard and including registered or insured mail 
        damaged, lost, or destroyed by a criminal act while in 
        the possession of the National Guard; or
          (3) personal injury or death; either caused by a 
        member of the Army National Guard or the Air National 
        Guard, as the case may be, while engaged in training or 
        duty under section 316, 502, 503, 504, or 505 of this 
        title or any other provision of law for which he is 
        entitled to pay under section 206 of title 37, or for 
        which he has waived that pay, and acting within the 
        scope of his employment; or otherwise incident to 
        noncombat activities of the Army National Guard or the 
        Air National Guard, as the case may be, under one of 
        those sections.
  (b) A claim may be allowed under subsection (a) only if--
          (1) it is presented in writing within two years after 
        it accrues, except that if the claim accrues in time of 
        war or armed conflict or if such a war or armed 
        conflict intervenes within two years after it accrues, 
        and if good cause is shown, the claim may be presented 
        not later than two years after the war or armed 
        conflict is terminated;
          (2) it is not covered by section 2734 of title 10 or 
        section 2672 of title 28;
          (3) it is not for personal injury or death of such a 
        member or a person employed under section 709 of this 
        title, whose injury or death is incident to his 
        service;
          (4) the damage to, or loss of, property, or the 
        personal injury or death, was not caused wholly or 
        partly by a negligent or wrongful act of the claimant, 
        his agent, or his employee, or, if so caused, allowed 
        only to the extent that the law of the place where the 
        act or omission complained of occurred would permit 
        recovery from a private individual under like 
        circumstances; and
          (5) it is substantiated as prescribed in regulations 
        of the Secretary concerned.
For the purposes of clause (1), the dates of the beginning and 
end of an armed conflict are the dates established by 
concurrent resolution of Congress or by a determination of the 
President.
  (c) Payment may not be made under this section for 
reimbursement for medical, hospital, or burial services 
furnished at the expense of the United States or of any State 
or the [District of Columbia] Capital or Puerto Rico.
  (d) If the Secretary concerned considers that a claim in 
excess of $100,000 is meritorious, and the claim otherwise is 
payable under this section, the Secretary may pay the claimant 
$100,000 and report any meritorious amount in excess of 
$100,000 to the Secretary of the Treasury for payment under 
section 1304 of title 31.
  (e) Except as provided in subsection (d), no claim may be 
paid under this section unless the amount tendered is accepted 
by the claimant in full satisfaction.
  (f) Under regulations prescribed by the Secretary concerned, 
an officer or employee under the jurisdiction of the Secretary 
may settle a claim that otherwise would be payable under this 
section in an amount not to exceed $25,000. A decision of the 
officer or employee who makes a final settlement decision under 
this section may be appealed by the claimant to the Secretary 
concerned or an officer or employee designated by the Secretary 
for that purpose.
  (g) Notwithstanding any other provision of law, the 
settlement of a claim under this section is final and 
conclusive.
  (h) In this section, ``settle'' means consider, ascertain, 
adjust, determine, and dispose of a claim, whether by full or 
partial allowance or disallowance.

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CHAPTER 9--HOMELAND DEFENSE ACTIVITIES

           *       *       *       *       *       *       *


Sec. 901. Definitions

  In this chapter:
          (1) The term ``homeland defense activity'' means an 
        activity undertaken for the military protection of the 
        territory or domestic population of the United States, 
        or of infrastructure or other assets of the United 
        States determined by the Secretary of Defense as being 
        critical to national security, from a threat or 
        aggression against the United States.
          (2) The term ``State'' means each of the several 
        States, the [District of Columbia] Capital, the 
        Commonwealth of Puerto Rico, or a territory or 
        possession of the United States.
          (3) The term ``Governor'' means, with respect to the 
        Capital, the commanding general of the Capital National 
        Guard.

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                              ----------                              


TITLE 10, UNITED STATES CODE

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SUBTITLE A--GENERAL MILITARY LAW

           *       *       *       *       *       *       *


PART I--ORGANIZATION AND GENERAL MILITARY POWERS

           *       *       *       *       *       *       *


                         CHAPTER 1--DEFINITIONS

Sec. 101. Definitions

  (a) In General.--The following definitions apply in this 
title:
          (1) The term ``United States'', in a geographic 
        sense, means the States and the District of Columbia.
          (3) The term ``possessions'' includes the Virgin 
        Islands, Guam, American Samoa, and the Guano Islands, 
        so long as they remain possessions, but does not 
        include any Commonwealth.
          (4) The term ``armed forces'' means the Army, Navy, 
        Air Force, Marine Corps, Space Force, and Coast Guard.
          (5) The term ``uniformed services'' means--
                  (A) the armed forces;
                  (B) the commissioned corps of the National 
                Oceanic and Atmospheric Administration; and
                  (C) the commissioned corps of the Public 
                Health Service.
          (6) The term ``department'', when used with respect 
        to a military department, means the executive part of 
        the department and all field headquarters, forces, 
        reserve components, installations, activities, and 
        functions under the control or supervision of the 
        Secretary of the department. When used with respect to 
        the Department of Defense, such term means the 
        executive part of the department, including the 
        executive parts of the military departments, and all 
        field headquarters, forces, reserve components, 
        installations, activities, and functions under the 
        control or supervision of the Secretary of Defense, 
        including those of the military departments.
          (7) The term ``executive part of the department'' 
        means the executive part of the Department of Defense, 
        Department of the Army, Department of the Navy, or 
        Department of the Air Force, as the case may be, at the 
        seat of government.
          (8) The term ``military departments'' means the 
        Department of the Army, the Department of the Navy, and 
        the Department of the Air Force.
          (9) The term ``Secretary concerned'' means--
                  (A) the Secretary of the Army, with respect 
                to matters concerning the Army;
                  (B) the Secretary of the Navy, with respect 
                to matters concerning the Navy, the Marine 
                Corps, and the Coast Guard when it is operating 
                as a service in the Department of the Navy;
                  (C) the Secretary of the Air Force, with 
                respect to matters concerning the Air Force and 
                the Space Force; and
                  (D) the Secretary of Homeland Security, with 
                respect to matters concerning the Coast Guard 
                when it is not operating as a service in the 
                Department of the Navy.
          (10) The term ``service acquisition executive'' means 
        the civilian official within a military department who 
        is designated as the service acquisition executive for 
        purposes of regulations and procedures providing for a 
        service acquisition executive for that military 
        department.
          (11) The term ``Defense Agency'' means an 
        organizational entity of the Department of Defense--
                  (A) that is established by the Secretary of 
                Defense under section 191 of this title (or 
                under the second sentence of section 125(d) of 
                this title (as in effect before October 1, 
                1986)) to perform a supply or service activity 
                common to more than one military department 
                (other than such an entity that is designated 
                by the Secretary as a Department of Defense 
                Field Activity); or
                  (B) that is designated by the Secretary of 
                Defense as a Defense Agency.
          (12) The term ``Department of Defense Field 
        Activity'' means an organizational entity of the 
        Department of Defense--
                  (A) that is established by the Secretary of 
                Defense under section 191 of this title (or 
                under the second sentence of section 125(d) of 
                this title (as in effect before October 1, 
                1986)) to perform a supply or service activity 
                common to more than one military department; 
                and
                  (B) that is designated by the Secretary of 
                Defense as a Department of Defense Field 
                Activity.
          (13) The term ``contingency operation'' means a 
        military operation that--
                  (A) is designated by the Secretary of Defense 
                as an operation in which members of the armed 
                forces are or may become involved in military 
                actions, operations, or hostilities against an 
                enemy of the United States or against an 
                opposing military force; or
                  (B) results in the call or order to, or 
                retention on, active duty of members of the 
                uniformed services under section 688, 12301(a), 
                12302, 12304, 12304a, 12305, or 12406 of this 
                title, chapter 13 of this title, section 712 of 
                title 14, or any other provision of law during 
                a war or during a national emergency declared 
                by the President or Congress.
          (14) The term ``supplies'' includes material, 
        equipment, and stores of all kinds.
          (15) The term ``pay'' includes basic pay, special 
        pay, retainer pay, incentive pay, retired pay, and 
        equivalent pay, but does not include allowances.
          (16) The term ``congressional defense committees'' 
        means--
                  (A) the Committee on Armed Services and the 
                Committee on Appropriations of the Senate; and
                  (B) the Committee on Armed Services and the 
                Committee on Appropriations of the House of 
                Representatives.
          (17) The term ``base closure law'' means the 
        following:
                  (A) Section 2687 of this title.
                  (B) The Defense Base Closure and Realignment 
                Act of 1990 (part A of title XXIX of Public Law 
                101-510; 10 U.S.C. 2687 note).
                  (C) Title II of the Defense Authorization 
                Amendments and Base Closure and Realignment Act 
                (Public Law 100-526; 10 U.S.C. 2687 note).
          (18) The term ``acquisition workforce'' means the 
        persons serving in acquisition positions within the 
        Department of Defense, as designated pursuant to 
        section 1721(a) of this title.
          (19) The term ``Capital'' means the area serving as 
        the seat of the Government of the United States, as 
        described in section 112 of the Washington, D.C. 
        Admission Act.
  (b) Personnel Generally.--The following definitions relating 
to military personnel apply in this title:
          (1) The term ``officer'' means a commissioned or 
        warrant officer.
          (2) The term ``commissioned officer'' includes a 
        commissioned warrant officer.
          (3) The term ``warrant officer'' means a person who 
        holds a commission or warrant in a warrant officer 
        grade.
          (4) The term ``general officer'' means an officer of 
        the Army, Air Force, or Marine Corps serving in or 
        having the grade of general, lieutenant general, major 
        general, or brigadier general.
          (5) The term ``flag officer'' means an officer of the 
        Navy or Coast Guard serving in or having the grade of 
        admiral, vice admiral, rear admiral, or rear admiral 
        (lower half).
          (6) The term ``enlisted member'' means a person in an 
        enlisted grade.
          (7) The term ``grade'' means a step or degree, in a 
        graduated scale of office or military rank, that is 
        established and designated as a grade by law or 
        regulation.
          (8) The term ``rank'' means the order of precedence 
        among members of the armed forces.
          (9) The term ``rating'' means the name (such as 
        ``boatswain's mate'') prescribed for members of an 
        armed force in an occupational field. The term ``rate'' 
        means the name (such as ``chief boatswain's mate'') 
        prescribed for members in the same rating or other 
        category who are in the same grade (such as chief petty 
        officer or seaman apprentice).
          (10) The term ``original'', with respect to the 
        appointment of a member of the armed forces in a 
        regular or reserve component, refers to that member's 
        most recent appointment in that component that is 
        neither a promotion nor a demotion.
          (11) The term ``authorized strength'' means the 
        largest number of members authorized to be in an armed 
        force, a component, a branch, a grade, or any other 
        category of the armed forces.
          (12) The term ``regular'', with respect to an 
        enlistment, appointment, grade, or office, means 
        enlistment, appointment, grade, or office in a regular 
        component of an armed force.
          (13) The term ``active-duty list'' means a single 
        list for the Army, Navy, Air Force, or Marine Corps 
        (required to be maintained under section 620 of this 
        title) which contains the names of all officers of that 
        armed force, other than officers described in section 
        641 of this title, who are serving on active duty.
          (14) The term ``medical officer'' means an officer of 
        the Medical Corps of the Army, an officer of the 
        Medical Corps of the Navy, or an officer in the Air 
        Force designated as a medical officer.
          (15) The term ``dental officer'' means an officer of 
        the Dental Corps of the Army, an officer of the Dental 
        Corps of the Navy, or an officer of the Air Force 
        designated as a dental officer.
          (16) The term ``Active Guard and Reserve'' means a 
        member of a reserve component who is on active duty 
        pursuant to section 12301(d) of this title or, if a 
        member of the Army National Guard or Air National 
        Guard, is on full-time National Guard duty pursuant to 
        section 502(f) of title 32, and who is performing 
        Active Guard and Reserve duty.
  (c) Reserve Components.--The following definitions relating 
to the reserve components apply in this title:
          (1) The term ``National Guard'' means the Army 
        National Guard and the Air National Guard.
          (2) The term ``Army National Guard'' means that part 
        of the organized militia of the several States and 
        Territories, Puerto Rico, and the [District of 
        Columbia] Capital, active and inactive, that--
                  (A) is a land force;
                  (B) is trained, and has its officers 
                appointed, under the sixteenth clause of 
                section 8, article I, of the Constitution;
                  (C) is organized, armed, and equipped wholly 
                or partly at Federal expense; and
                  (D) is federally recognized.
          (3) The term ``Army National Guard of the United 
        States'' means the reserve component of the Army all of 
        whose members are members of the Army National Guard.
          (4) The term ``Air National Guard'' means that part 
        of the organized militia of the several States and 
        Territories, Puerto Rico, and the [District of 
        Columbia] Capital, active and inactive, that--
                  (A) is an air force;
                  (B) is trained, and has its officers 
                appointed, under the sixteenth clause of 
                section 8, article I, of the Constitution;
                  (C) is organized, armed, and equipped wholly 
                or partly at Federal expense; and
                  (D) is federally recognized.
          (5) The term ``Air National Guard of the United 
        States'' means the reserve component of the Air Force 
        all of whose members are members of the Air National 
        Guard.
          (6) The term ``reserve'', with respect to an 
        enlistment, appointment, grade, or office, means 
        enlistment, appointment, grade, or office held as a 
        Reserve of one of the armed forces.
          (7) The term ``reserve active-status list'' means a 
        single list for the Army, Navy, Air Force, or Marine 
        Corps (required to be maintained under section 14002 of 
        this title) that contains the names of all officers of 
        that armed force except warrant officers (including 
        commissioned warrant officers) who are in an active 
        status in a reserve component of the Army, Navy, Air 
        Force, or Marine Corps and are not on an active-duty 
        list.
  (d) Duty Status.--The following definitions relating to duty 
status apply in this title:
          (1) The term ``active duty'' means full-time duty in 
        the active military service of the United States. Such 
        term includes full-time training duty, annual training 
        duty, and attendance, while in the active military 
        service, at a school designated as a service school by 
        law or by the Secretary of the military department 
        concerned. Such term does not include full-time 
        National Guard duty.
          (2) The term ``active duty for a period of more than 
        30 days'' means active duty under a call or order that 
        does not specify a period of 30 days or less.
          (3) The term ``active service'' means service on 
        active duty or full-time National Guard duty.
          (4) The term ``active status'' means the status of a 
        member of a reserve component who is not in the 
        inactive Army National Guard or inactive Air National 
        Guard, on an inactive status list, or in the Retired 
        Reserve.
          (5) The term ``full-time National Guard duty'' means 
        training or other duty, other than inactive duty, 
        performed by a member of the Army National Guard of the 
        United States or the Air National Guard of the United 
        States in the member's status as a member of the 
        National Guard of a State or territory, the 
        Commonwealth of Puerto Rico, or the [District of 
        Columbia] Capital under section 316, 502, 503, 504, or 
        505 of title 32 for which the member is entitled to pay 
        from the United States or for which the member has 
        waived pay from the United States.
          (6)(A) The term ``active Guard and Reserve duty'' 
        means active duty performed by a member of a reserve 
        component of the Army, Navy, Air Force, or Marine 
        Corps, or full-time National Guard duty performed by a 
        member of the National Guard pursuant to an order to 
        full-time National Guard duty, for a period of 180 
        consecutive days or more for the purpose of organizing, 
        administering, recruiting, instructing, or training the 
        reserve components.
          (B) Such term does not include the following:
                  (i) Duty performed as a member of the Reserve 
                Forces Policy Board provided for under section 
                10301 of this title.
                  (ii) Duty performed as a property and fiscal 
                officer under section 708 of title 32.
                  (iii) Duty performed for the purpose of 
                interdiction and counter-drug activities for 
                which funds have been provided under section 
                112 of title 32.
                  (iv) Duty performed as a general or flag 
                officer.
                  (v) Service as a State director of the 
                Selective Service System under section 10(b)(2) 
                of the Military Selective Service Act (50 
                U.S.C. 3809(b)(2)).
          (7) The term ``inactive-duty training'' means--
                  (A) duty prescribed for Reserves by the 
                Secretary concerned under section 206 of title 
                37 or any other provision of law; and
                  (B) special additional duties authorized for 
                Reserves by an authority designated by the 
                Secretary concerned and performed by them on a 
                voluntary basis in connection with the 
                prescribed training or maintenance activities 
                of the units to which they are assigned.
        Such term includes those duties when performed by 
        Reserves in their status as members of the National 
        Guard.
  (e) Facilities and Operations.--The following definitions 
relating to facilities and operations apply in this title:
          (1) Range.--The term ``range'', when used in a 
        geographic sense, means a designated land or water area 
        that is set aside, managed, and used for range 
        activities of the Department of Defense. Such term 
        includes the following:
                  (A) Firing lines and positions, maneuver 
                areas, firing lanes, test pads, detonation 
                pads, impact areas, electronic scoring sites, 
                buffer zones with restricted access, and 
                exclusionary areas.
                  (B) Airspace areas designated for military 
                use in accordance with regulations and 
                procedures prescribed by the Administrator of 
                the Federal Aviation Administration.
          (2) Range activities.--The term ``range activities'' 
        means--
                  (A) research, development, testing, and 
                evaluation of military munitions, other 
                ordnance, and weapons systems; and
                  (B) the training of members of the armed 
                forces in the use and handling of military 
                munitions, other ordnance, and weapons systems.
          (3) Operational range.--The term ``operational 
        range'' means a range that is under the jurisdiction, 
        custody, or control of the Secretary of a military 
        department and--
                  (A) that is used for range activities, or
                  (B) although not currently being used for 
                range activities, that is still considered by 
                the Secretary to be a range and has not been 
                put to a new use that is incompatible with 
                range activities.
          (4) Military munitions.--(A) The term ``military 
        munitions'' means all ammunition products and 
        components produced for or used by the armed forces for 
        national defense and security, including ammunition 
        products or components under the control of the 
        Department of Defense, the Coast Guard, the Department 
        of Energy, and the National Guard.
          (B) Such term includes the following:
                  (i) Confined gaseous, liquid, and solid 
                propellants.
                  (ii) Explosives, pyrotechnics, chemical and 
                riot control agents, smokes, and incendiaries, 
                including bulk explosives and chemical warfare 
                agents.
                  (iii) Chemical munitions, rockets, guided and 
                ballistic missiles, bombs, warheads, mortar 
                rounds, artillery ammunition, small arms 
                ammunition, grenades, mines, torpedoes, depth 
                charges, cluster munitions and dispensers, and 
                demolition charges.
                  (iv) Devices and components of any item 
                specified in clauses (i) through (iii).
          (C) Such term does not include the following:
                  (i) Wholly inert items.
                  (ii) Improvised explosive devices.
                  (iii) Nuclear weapons, nuclear devices, and 
                nuclear components, other than nonnuclear 
                components of nuclear devices that are managed 
                under the nuclear weapons program of the 
                Department of Energy after all required 
                sanitization operations under the Atomic Energy 
                Act of 1954 (42 U.S.C. 2011 et seq.) have been 
                completed.
          (5) Unexploded ordnance.--The term ``unexploded 
        ordnance'' means military munitions that--
                  (A) have been primed, fused, armed, or 
                otherwise prepared for action;
                  (B) have been fired, dropped, launched, 
                projected, or placed in such a manner as to 
                constitute a hazard to operations, 
                installations, personnel, or material; and
                  (C) remain unexploded, whether by 
                malfunction, design, or any other cause.
          (6) Energy resilience.--The term ``energy 
        resilience'' means the ability to avoid, prepare for, 
        minimize, adapt to, and recover from anticipated and 
        unanticipated energy disruptions in order to ensure 
        energy availability and reliability sufficient to 
        provide for mission assurance and readiness, including 
        mission essential operations related to readiness, and 
        to execute or rapidly reestablish mission essential 
        requirements.
          (7) Energy security.--The term ``energy security'' 
        means having assured access to reliable supplies of 
        energy and the ability to protect and deliver 
        sufficient energy to meet mission essential 
        requirements.
          (8) Military installation resilience.--The term 
        ``military installation resilience'' means the 
        capability of a military installation to avoid, prepare 
        for, minimize the effect of, adapt to, and recover from 
        extreme weather events, or from anticipated or 
        unanticipated changes in environmental conditions, that 
        do, or have the potential to, adversely affect the 
        military installation or essential transportation, 
        logistical, or other necessary resources outside of the 
        military installation that are necessary in order to 
        maintain, improve, or rapidly reestablish installation 
        mission assurance and mission-essential functions.
  (f) Rules of Construction.--In this title--
          (1) ``shall'' is used in an imperative sense;
          (2) ``may'' is used in a permissive sense;
          (3) ``no person may * * *'' means that no person is 
        required, authorized, or permitted to do the act 
        prescribed;
          (4) ``includes'' means ``includes but is not limited 
        to''; and
          (5) ``spouse'' means husband or wife, as the case may 
        be.
  (g) Reference to Title 1 Definitions.--For other definitions 
applicable to this title, see sections 1 through 5 of title 1.

           *       *       *       *       *       *       *


PART II--PERSONNEL

           *       *       *       *       *       *       *


CHAPTER 45--THE UNIFORM

           *       *       *       *       *       *       *


Sec. 771a. Disposition on discharge

  (a) Except as provided in subsections (b) and (c), when an 
enlisted member of an armed force is discharged, the exterior 
articles of uniform in his possession that were issued to him, 
other than those that he may wear from the place of discharge 
to his home under section 772(d) of this title, shall be 
retained for military use.
  (b) When an enlisted member of an armed force is discharged 
for bad conduct, undesirability, unsuitability, inaptitude, or 
otherwise than honorably--
          (1) the exterior articles of uniform in his 
        possession shall be retained for military use;
          (2) under such regulations as the Secretary concerned 
        prescribes, a suit of civilian clothing and an overcoat 
        when necessary, both to cost not more than $30, may be 
        issued to him; and
          (3) if he would be otherwise without funds to meet 
        his immediate needs, he may be paid an amount, fixed by 
        the Secretary concerned, of not more than $25.
  (c) When an enlisted member of the Army National Guard or the 
Air National Guard who has been called into Federal service is 
released from that service, the exterior articles of uniform in 
his possession shall be accounted for as property issued to the 
Army National Guard or the Air National Guard, as the case may 
be, of the State or territory, Puerto Rico, or the [District of 
Columbia] Capital of whose Army National Guard or Air National 
Guard he is a member, as prescribed in section 708 of title 32.

           *       *       *       *       *       *       *


CHAPTER 55--MEDICAL AND DENTAL CARE

           *       *       *       *       *       *       *


Sec. 1076f. TRICARE program: extension of coverage for certain members 
                    of the National Guard and dependents during certain 
                    disaster response duty

  (a) Extended Coverage.--During a period in which a member of 
the National Guard is performing disaster response duty, the 
member may be treated as being on active duty for a period of 
more than 30 days for purposes of the eligibility of the member 
and dependents of the member for health care benefits under the 
TRICARE program if such period immediately follows a period in 
which the member served on full-time National Guard duty under 
section 502(f) of title 32, including pursuant to chapter 9 of 
such title, unless the Governor of the State (or, [with respect 
to the District of Columbia, the mayor of the District of 
Columbia] with respect to the Capital, the commanding general 
of the Capital National Guard) determines that such extended 
eligibility is not in the best interest of the member or the 
State.
  (b) Contribution by State.--(1) The Secretary shall charge a 
State for the costs of providing coverage under the TRICARE 
program to members of the National Guard of the State and the 
dependents of the members pursuant to subsection (a). Such 
charges shall be paid from the funds of the State or from any 
other non-Federal funds.
  (2) Any amounts received by the Secretary under paragraph (1) 
shall be credited to the appropriation available for the 
Defense Health Program Account under section 1100 of this 
title, shall be merged with sums in such Account that are 
available for the fiscal year in which collected, and shall be 
available under subsection (b) of such section, including to 
carry out subsection (a) of this section.
  (c) Definitions.--In this section:
          (1) The term ``disaster response duty'' means duty 
        performed by a member of the National Guard in State 
        status pursuant to an emergency declaration by the 
        Governor of the State (or, [with respect to the 
        District of Columbia, the mayor of the District of 
        Columbia] with respect to the Capital, the commanding 
        general of the Capital National Guard) in response to a 
        disaster or in preparation for an imminent disaster.
          (2) The term ``State'' means each of the several 
        States, the [District of Columbia] Capital, the 
        Commonwealth of Puerto Rico, and any territory or 
        possession of the United States.

           *       *       *       *       *       *       *


PART IV--SERVICE, SUPPLY, AND PROCUREMENT

           *       *       *       *       *       *       *


CHAPTER 163--MILITARY CLAIMS

           *       *       *       *       *       *       *


Sec. 2732. Payment of claims: availability of appropriations

  Appropriations available to the Department of Defense for 
operation and maintenance may be used for payment of claims 
authorized by law to be paid by the Department of Defense 
(except for civil functions), including--
          (1) claims for damages arising under training 
        contracts with carriers; and
          (2) repayment of amounts determined by the Secretary 
        concerned to have been erroneously collected--
                  (A) from military and civilian personnel of 
                the Department of Defense; or
                  (B) from States or territories or the 
                [District of Columbia] Capital (or members of 
                the National Guard units thereof).

           *       *       *       *       *       *       *


SUBTITLE B--ARMY

           *       *       *       *       *       *       *


PART III--TRAINING

           *       *       *       *       *       *       *


                    CHAPTER 751--TRAINING GENERALLY

Sec. 7401. Members of Army: detail as students, observers, and 
                    investigators at educational institutions, 
                    industrial plants, and hospitals

  (a) The Secretary of the Army may detail members of the Army 
as students at such technical, professional, and other civilian 
educational institutions, or as students, observers, or 
investigators at such industrial plants, hospitals, and other 
places, as are best suited to enable them to acquire knowledge 
or experience in the specialties in which it is considered 
necessary that they perfect themselves.
  (b) An officer, other than one of the Regular Army on the 
active-duty list, who is detailed under subsection (a) shall be 
ordered to additional active duty immediately upon termination 
of the detail, for a period at least as long as the detail. 
However, if the detail is for 90 days or less, the officer may 
be ordered to that additional duty only with his consent and in 
the discretion of the Secretary.
  (c) No Reserve of the Army may be detailed as a student, 
observer, or investigator, or ordered to active duty under this 
section, without his consent and, if a member of the Army 
National Guard of the United States, without the approval of 
the governor or other appropriate authority of the State, the 
Commonwealth of Puerto Rico, the [District of Columbia] 
Capital, Guam, or the Virgin Islands of whose Army National 
Guard he is a member.
  (d) The Secretary may require, as a condition of a detail 
under subsection (a), that an enlisted member accept a 
discharge and be reenlisted in his component for at least three 
years.
  (e) The total length of details of an enlisted member of the 
Army under subsection (a) during one enlistment may not exceed 
50 percent of that enlistment.
  (f) At no time may more than 8 percent of the authorized 
strength in commissioned officers, 8 percent of the authorized 
strength in warrant officers, or 2 percent of the authorized 
strength in enlisted members, of the Regular Army, or more than 
8 percent of the actual strength in commissioned officers, 8 
percent of the actual strength in warrant officers, or 2 
percent of the actual strength in enlisted members, of the 
total of reserve components of the Army, be detailed as 
students under subsection (a). For the purposes of this 
subsection, the actual strength of each category of Reserves 
includes both members on active duty and those not on active 
duty.
  (g) Expenses incident to the detail of members under this 
section shall be paid from any funds appropriated for the 
Department of the Army.

           *       *       *       *       *       *       *


SUBTITLE D--AIR FORCE

           *       *       *       *       *       *       *


PART III--TRAINING

           *       *       *       *       *       *       *


CHAPTER 951--TRAINING GENERALLY

           *       *       *       *       *       *       *


Sec. 9401. Members of Air Force: detail as students, observers, and 
                    investigators at educational institutions, 
                    industrial plants, and hospitals

  (a) The Secretary of the Air Force may detail members of the 
Air Force as students at such technical, professional, and 
other civilian educational institutions, or as students, 
observers, or investigators at such industrial plants, 
hospitals, and other places, as are best suited to enable them 
to acquire knowledge or experience in the specialties in which 
it is considered necessary that they perfect themselves.
  (b) An officer, other than one of the Regular Air Force on 
the active-duty list, who is detailed under subsection (a) 
shall be ordered to additional active duty immediately upon 
termination of the detail, for a period at least as long as the 
detail. However, if the detail is for 90 days or less, the 
officer may be ordered to that additional duty only with his 
consent and in the discretion of the Secretary.
  (c) No Reserve of the Air Force may be detailed as a student, 
observer, or investigator, or ordered to active duty under this 
section, without his consent and, if a member of the Air 
National Guard of the United States, without the approval of 
the governor or other appropriate authority of the State, the 
Commonwealth of Puerto Rico, the [District of Columbia] 
Capital, Guam, or the Virgin Islands of whose Air National 
Guard he is a member.
  (d) The Secretary may require, as a condition of a detail 
under subsection (a), that an enlisted member accept a 
discharge and be reenlisted in his component for at least three 
years.
  (e) The total length of details of an enlisted member of the 
Air Force under subsection (a) during one enlistment period may 
not exceed 50 percent of that enlistment.
  (f) At no time may more than 8 percent of the authorized 
strength in commissioned officers, 8 percent of the authorized 
strength in warrant officers, or 2 percent of the authorized 
strength in enlisted members, of the Regular Air Force, or more 
than 8 percent of the actual strength in commissioned officers, 
8 percent of the actual strength in warrant officers, or 2 
percent of the actual strength in enlisted members, of the 
total of reserve components of the Air Force, be detailed as 
students under subsection (a). For the purposes of this 
subsection, the actual strength of each category of Reserves 
includes both members on active duty and those not on active 
duty.
  (g) Expenses incident to the detail of members under this 
section shall be paid from any funds appropriated for the 
Department of the Air Force.

           *       *       *       *       *       *       *


SUBTITLE E--RESERVE COMPONENTS

           *       *       *       *       *       *       *


PART I--ORGANIZATION AND ADMINISTRATION

           *       *       *       *       *       *       *


CHAPTER 1005--ELEMENTS OF RESERVE COMPONENTS

           *       *       *       *       *       *       *


Sec. 10148. Ready Reserve: failure to satisfactorily perform prescribed 
                    training

  (a) A member of the Ready Reserve covered by section 10147 of 
this title who fails in any year to perform satisfactorily the 
training duty prescribed in that section, as determined by the 
Secretary concerned under regulations prescribed by the 
Secretary of Defense, may be ordered without his consent to 
perform additional active duty for training for not more than 
45 days. If the failure occurs during the last year of his 
required membership in the Ready Reserve, his membership is 
extended until he performs that additional active duty for 
training, but not for more than six months.
  (b) A member of the Army National Guard of the United States 
or the Air National Guard of the United States who fails in any 
year to perform satisfactorily the training duty prescribed by 
or under law for members of the Army National Guard or the Air 
National Guard, as the case may be, as determined by the 
Secretary concerned, may, upon the request of the Governor of 
the State (or, in the case of the [District of Columbia,] 
Capital, the commanding general of the [District of Columbia 
National Guard] Capital National Guard) be ordered, without his 
consent, to perform additional active duty for training for not 
more than 45 days. A member ordered to active duty under this 
subsection shall be ordered to duty as a Reserve of the Army or 
as a Reserve of the Air Force, as the case may be.

           *       *       *       *       *       *       *


CHAPTER 1011--NATIONAL GUARD BUREAU

           *       *       *       *       *       *       *


Sec. 10502. Chief of the National Guard Bureau: appointment; adviser on 
                    National Guard matters; grade; succession

  (a) Appointment.--There is a Chief of the National Guard 
Bureau, who is responsible for the organization and operations 
of the National Guard Bureau. The Chief of the National Guard 
Bureau is appointed by the President, by and with the advice 
and consent of the Senate. Such appointment shall be made from 
officers of the Army National Guard of the United States or the 
Air National Guard of the United States who--
          (1) are recommended for such appointment by their 
        respective Governors or, in the case of the [District 
        of Columbia,] Capital, the commanding general of the 
        [District of Columbia National Guard] Capital National 
        Guard;
          (2) are recommended for such appointment by the 
        Secretary of the Army or the Secretary of the Air 
        Force;
          (3) have had at least 10 years of federally 
        recognized commissioned service in an active status in 
        the National Guard;
          (4) are in a grade above the grade of brigadier 
        general;
          (5) are determined by the Chairman of the Joint 
        Chiefs of Staff, in accordance with criteria and as a 
        result of a process established by the Chairman, to 
        have significant joint duty experience;
          (6) are determined by the Secretary of Defense to 
        have successfully completed such other assignments and 
        experiences so as to possess a detailed understanding 
        of the status and capabilities of National Guard forces 
        and the missions of the National Guard Bureau as set 
        forth in section 10503 of this title;
          (7) have a level of operational experience in a 
        position of significant responsibility, professional 
        military education, and demonstrated expertise in 
        national defense and homeland defense matters that are 
        commensurate with the advisory role of the Chief of the 
        National Guard Bureau; and
          (8) possess such other qualifications as the 
        Secretary of Defense shall prescribe for purposes of 
        this section.
  (b) Term of Office.--(1) An officer appointed as Chief of the 
National Guard Bureau serves at the pleasure of the President 
for a term of four years. An officer may be reappointed as 
Chief of the National Guard Bureau.
  (2) Except as provided in section 14508(d) of this title, 
while holding the office of Chief of the National Guard Bureau, 
the Chief of the National Guard Bureau may not be removed from 
the reserve active-status list, or from an active status, under 
any provision of law that otherwise would require such removal 
due to completion of a specified number of years of service or 
a specified number of years of service in grade.
  (c) Advisor on National Guard Matters.--The Chief of the 
National Guard Bureau is--
          (1) a principal advisor to the Secretary of Defense, 
        through the Chairman of the Joint Chiefs of Staff, on 
        matters involving non-federalized National Guard forces 
        and on other matters as determined by the Secretary of 
        Defense; and
          (2) the principal adviser to the Secretary of the 
        Army and the Chief of Staff of the Army, and to the 
        Secretary of the Air Force and the Chief of Staff of 
        the Air Force, on matters relating to the National 
        Guard, the Army National Guard of the United States, 
        and the Air National Guard of the United States.
  (d) Member of Joint Chiefs of Staff.--As a member of the 
Joint Chiefs of Staff, the Chief of the National Guard Bureau 
has the specific responsibility of addressing matters involving 
non-Federalized National Guard forces in support of homeland 
defense and civil support missions.
  (e) Grade and Exclusion From General and Flag Officer 
Authorized Strength.--(1) The Chief of the National Guard 
Bureau shall be appointed to serve in the grade of general.
  (2) The Secretary of Defense shall designate, pursuant to 
subsection (b) of section 526 of this title, the position of 
Chief of the National Guard Bureau as one of the general 
officer and flag officer positions to be excluded from the 
limitations in subsection (a) of such section.
  (f) Succession.--(1) When there is a vacancy in the office of 
the Chief of the National Guard Bureau or in the absence or 
disability of the Chief, the Vice Chief of the National Guard 
Bureau acts as Chief and performs the duties of the Chief until 
a successor is appointed or the absence or disability ceases.
  (2) When there is a vacancy in the offices of both the Chief 
and the Vice Chief of the National Guard Bureau or in the 
absence or disability of both the Chief and the Vice Chief of 
the National Guard Bureau, or when there is a vacancy in one 
such office and in the absence or disability of the officer 
holding the other, the senior officer of the Army National 
Guard of the United States or the Air National Guard of the 
United States on duty with the National Guard Bureau shall 
perform the duties of the Chief until a successor to the Chief 
or Vice Chief is appointed or the absence or disability of the 
Chief or Vice Chief ceases, as the case may be.

           *       *       *       *       *       *       *


Sec. 10505. Vice Chief of the National Guard Bureau

  (a) Appointment.--(1) There is a Vice Chief of the National 
Guard Bureau, appointed by the President, by and with the 
advice and consent of the Senate. The appointment shall be made 
from officers of the Army National Guard of the United States 
or the Air National Guard of the United States who--
          (A) are recommended for such appointment by their 
        respective Governors or, in the case of the [District 
        of Columbia,] Capital, the commanding general of the 
        [District of Columbia National Guard] Capital National 
        Guard;
          (B) are recommended by the Secretary of the Army, in 
        the case of officers of the Army National Guard of the 
        United States, or by the Secretary of the Air Force, in 
        the case of officers of the Air National Guard of the 
        United States, and by the Secretary of Defense;
          (C) are determined by the Chairman of the Joint 
        Chiefs of Staff, in accordance with criteria and as a 
        result of a process established by the Chairman, to 
        have significant joint duty experience; and
          (D) have had at least 10 years of federally 
        recognized commissioned service in an active status in 
        the National Guard.
  (2) The Chief of the National Guard Bureau and the Vice Chief 
of the National Guard Bureau may not both be members of the 
Army or of the Air Force.
  (3)(A) Except as provided in subparagraph (B), an officer 
appointed as Vice Chief of the National Guard Bureau serves for 
a term of four years, but may be removed from office at any 
time for cause.
  (B) The term of the Vice Chief of the National Guard Bureau 
shall end upon the appointment of a Chief of the National Guard 
Bureau who is a member of the same armed force as the Vice 
Chief.
  (4) The Secretary of Defense may waive the restrictions in 
paragraph (2) and the provisions of paragraph (3) for not more 
than 90 days to provide for the orderly transition of officers 
appointed to serve in the positions of Chief of the National 
Guard Bureau and the Vice Chief of the National Guard Bureau.
  (b) Duties.--The Vice Chief of the National Guard Bureau 
performs such duties as may be prescribed by the Chief of the 
National Guard Bureau.

Sec. 10506. Other senior National Guard Bureau officers

  (a) Additional General Officers.--(1) In addition to the 
Chief and Vice Chief of the National Guard Bureau, there shall 
be assigned to the National Guard Bureau--
          (A) two officers selected by the Secretary of the 
        Army (after consultation with the Chief of the National 
        Guard Bureau) from officers of the Army National Guard 
        of the United States who have been nominated by their 
        respective Governors or, in the case of the [District 
        of Columbia,] Capital, the commanding general of the 
        [District of Columbia National Guard] Capital National 
        Guard, the senior of whom shall be appointed in 
        accordance with paragraph (3) and shall serve as 
        Director, Army National Guard, with the other serving 
        as Deputy Director, Army National Guard; and
          (B) two officers selected by the Secretary of the Air 
        Force (after consultation with the Chief of the 
        National Guard Bureau) from officers of the Air 
        National Guard of the United States who have been 
        nominated by their respective Governors or, in the case 
        of the [District of Columbia,] Capital, the commanding 
        general of the [District of Columbia National Guard] 
        Capital National Guard, the senior of whom shall be 
        appointed in accordance with paragraph (3) and shall 
        serve as Director, Air National Guard, with the other 
        serving as Deputy Director, Air National Guard.
  (2) The Director and Deputy Director, Army National Guard, 
and the Director and Deputy Director, Air National Guard, shall 
assist the Chief of the National Guard Bureau in carrying out 
the functions of the National Guard Bureau as they relate to 
their respective branches.
  (3)(A) The President, by and with the advice and consent of 
the Senate, shall appoint the Director, Army National Guard, 
from general officers of the Army National Guard of the United 
States and shall appoint the Director, Air National Guard, from 
general officers of the Air National Guard of the United 
States.
  (B) The Secretary of Defense may not recommend an officer to 
the President for appointment as Director, Army National Guard, 
or as Director, Air National Guard, unless the officer--
          (i) is recommended by the Secretary of the military 
        department concerned; and
          (ii) is determined by the Chairman of the Joint 
        Chiefs of Staff, in accordance with criteria and as a 
        result of a process established by the Chairman, to 
        have significant joint duty experience.
  (C) An officer on active duty for service as the Director, 
Army National Guard, or the Director, Air National Guard, shall 
be counted for purposes of the grade limitations under sections 
525 and 526 of this title.
  (D) The Director, Army National Guard, and the Director, Air 
National Guard, are appointed for a period of four years, but 
may be removed for cause at any time. An officer serving as 
either Director may be reappointed for one additional four-year 
period.
  (b) Other Officers.--There are in the National Guard Bureau a 
legal counsel, a comptroller, and an inspector general, each of 
whom shall be appointed by the Chief of the National Guard 
Bureau. They shall perform such duties as the Chief may 
prescribe.

           *       *       *       *       *       *       *


Sec. 10508. National Guard Bureau: general provisions

  (a) Manpower Requirements of National Guard Bureau.--The 
manpower requirements of the National Guard Bureau as a joint 
activity of the Department of Defense shall be determined in 
accordance with regulations prescribed by the Secretary of 
Defense, in consultation with the Chairman of the Joint Chiefs 
of Staff.
  (b) Personnel for Functions of National Guard Bureau.--
          (1) In general.--The Chief of the National Guard 
        Bureau may program for, appoint, employ, administer, 
        detail, and assign persons under sections 2102, 2103, 
        2105, and 3101 of title 5, subchapter IV of chapter 53 
        of title 5, or section 328 of title 32, within the 
        National Guard Bureau and the National Guard of each 
        State, the Commonwealth of Puerto Rico, the [District 
        of Columbia] Capital, Guam, and the Virgin Islands to 
        execute the functions of the National Guard Bureau and 
        the missions of the National Guard, and missions as 
        assigned by the Chief of the National Guard Bureau.
          (2) Administration through adjutants general.--The 
        Chief of the National Guard Bureau may designate the 
        adjutants general referred to in section 314 of title 
        32 to appoint, employ, and administer the National 
        Guard employees authorized by this subsection.
          (3) Administrative actions.--Notwithstanding the 
        Intergovernmental Personnel Act of 1970 (42 U.S.C. 4701 
        et seq.) and under regulations prescribed by the Chief 
        of the National Guard Bureau, all personnel actions or 
        conditions of employment, including adverse actions 
        under title 5, pertaining to a person appointed, 
        employed, or administered by an adjutant general under 
        this subsection shall be accomplished by the adjutant 
        general of the jurisdiction concerned. For purposes of 
        any administrative complaint, grievance, claim, or 
        action arising from, or relating to, such a personnel 
        action or condition of employment:
                  (A) The adjutant general of the jurisdiction 
                concerned shall be considered the head of the 
                agency and the National Guard of the 
                jurisdiction concerned shall be considered the 
                employing agency of the individual and the sole 
                defendant or respondent in any administrative 
                action.
                  (B) The National Guard of the jurisdiction 
                concerned shall defend any administrative 
                complaint, grievance, claim, or action, and 
                shall promptly implement all aspects of any 
                final administrative order, judgment, or 
                decision.
                  (C) In any civil action or proceeding brought 
                in any court arising from an action under this 
                section, the United States shall be the sole 
                defendant or respondent.
                  (D) The Attorney General of the United States 
                shall defend the United States in actions 
                arising under this section described in 
                subparagraph (C).
                  (E) Any settlement, judgment, or costs 
                arising from an action described in 
                subparagraph (A) or (C) shall be paid from 
                appropriated funds allocated to the National 
                Guard of the jurisdiction concerned.

           *       *       *       *       *       *       *


PART II--PERSONNEL GENERALLY

           *       *       *       *       *       *       *


CHAPTER 1205--APPOINTMENT OF RESERVE OFFICERS

           *       *       *       *       *       *       *


Sec. 12204. Commissioned officers: original appointment; limitation

  (a) No person may be appointed as a Reserve in a commissioned 
grade above major or lieutenant commander, unless--
          (1) he was formerly a commissioned officer of an 
        armed force; or
          (2) such an appointment is recommended by a board of 
        officers convened by the Secretary concerned.
  (b) This section does not apply to adjutants general and 
assistant adjutants general of the several States, Puerto Rico, 
and the [District of Columbia] Capital.

           *       *       *       *       *       *       *


CHAPTER 1209--ACTIVE DUTY

           *       *       *       *       *       *       *


Sec. 12301. Reserve components generally

  (a) In time of war or of national emergency declared by 
Congress, or when otherwise authorized by law, an authority 
designated by the Secretary concerned may, without the consent 
of the persons affected, order any unit, and any member not 
assigned to a unit organized to serve as a unit, of a reserve 
component under the jurisdiction of that Secretary to active 
duty for the duration of the war or emergency and for six 
months thereafter. However a member on an inactive status list 
or in a retired status may not be ordered to active duty under 
this subsection unless the Secretary concerned, with the 
approval of the Secretary of Defense in the case of the 
Secretary of a military department, determines that there are 
not enough qualified Reserves in an active status or in the 
inactive National Guard in the required category who are 
readily available.
  (b) At any time, an authority designated by the Secretary 
concerned may, without the consent of the persons affected, 
order any unit, and any member not assigned to a unit organized 
to serve as a unit, in an active status in a reserve component 
under the jurisdiction of that Secretary to active duty for not 
more than 15 days a year. However, units and members of the 
Army National Guard of the United States or the Air National 
Guard of the United States may not be ordered to active duty 
under this subsection without the consent of the governor of 
the State (or, in the case of the [District of Columbia 
National Guard] Capital National Guard, the commanding general 
of the [District of Columbia National Guard] Capital National 
Guard).
  (c) So far as practicable, during any expansion of the active 
armed forces that requires that units and members of the 
reserve components be ordered to active duty as provided in 
subsection (a), members of units organized and trained to serve 
as units who are ordered to that duty without their consent 
shall be so ordered with their units. However, members of those 
units may be reassigned after being so ordered to active duty.
  (d) At any time, an authority designated by the Secretary 
concerned may order a member of a reserve component under his 
jurisdiction to active duty, or retain him on active duty, with 
the consent of that member. However, a member of the Army 
National Guard of the United States or the Air National Guard 
of the United States may not be ordered to active duty under 
this subsection without the consent of the governor or other 
appropriate authority of the State concerned.
  (e) The period of time allowed between the date when a 
Reserve ordered to active duty as provided in subsection (a) is 
alerted for that duty and the date when the Reserve is required 
to enter upon that duty shall be determined by the Secretary 
concerned based upon military requirements at that time.
  (f) The consent of a Governor described in subsections (b) 
and (d) may not be withheld (in whole or in part) with regard 
to active duty outside the United States, its territories, and 
its possessions, because of any objection to the location, 
purpose, type, or schedule of such active duty.
  (g)(1) A member of a reserve component may be ordered to 
active duty without his consent if the Secretary concerned 
determines that the member is in a captive status. A member 
ordered to active duty under this section may not be retained 
on active duty, without his consent, for more than 30 days 
after his captive status is terminated.
  (2) The Secretary of Defense shall prescribe regulations to 
carry out this section. Such regulations shall apply uniformly 
among the armed forces under the jurisdiction of the Secretary. 
A determination for the purposes of this subsection that a 
member is in a captive status shall be made pursuant to such 
regulations.
  (3) In this section, the term ``captive status'' means the 
status of a member of the armed forces who is in a missing 
status (as defined in section 551(2) of title 37) which occurs 
as the result of a hostile action and is related to the 
member's military status.
  (h)(1) When authorized by the Secretary of Defense, the 
Secretary of a military department may, with the consent of the 
member, order a member of a reserve component to active duty--
          (A) to receive authorized medical care;
          (B) to be medically evaluated for disability or other 
        purposes; or
          (C) to complete a required Department of Defense 
        health care study, which may include an associated 
        medical evaluation of the member.
  (2) A member ordered to active duty under this subsection 
may, with the member's consent, be retained on active duty, if 
the Secretary concerned considers it appropriate, for medical 
treatment for a condition associated with the study or 
evaluation, if that treatment of the member is otherwise 
authorized by law.
  (3) A member of the Army National Guard of the United States 
or the Air National Guard of the United States may be ordered 
to active duty under this subsection only with the consent of 
the Governor or other appropriate authority of the State 
concerned.

           *       *       *       *       *       *       *


CHAPTER 1211--NATIONAL GUARD MEMBERS IN FEDERAL SERVICE

           *       *       *       *       *       *       *


Sec. 12406. National Guard in Federal service: call

  Whenever--
          (1) the United States, or any of the Commonwealths or 
        possessions, is invaded or is in danger of invasion by 
        a foreign nation;
          (2) there is a rebellion or danger of a rebellion 
        against the authority of the Government of the United 
        States; or
          (3) the President is unable with the regular forces 
        to execute the laws of the United States;
the President may call into Federal service members and units 
of the National Guard of any State in such numbers as he 
considers necessary to repel the invasion, suppress the 
rebellion, or execute those laws. Orders for these purposes 
shall be issued through the governors of the States or, in the 
case of the [District of Columbia,] Capital, through the 
commanding general of the [National Guard of the District of 
Columbia] Capital National Guard.

           *       *       *       *       *       *       *


CHAPTER 1219--STANDARDS AND PROCEDURES FOR RETENTION AND PROMOTION

           *       *       *       *       *       *       *


Sec. 12642. Standards and qualifications: result of failure to comply 
                    with

  (a) To be retained in an active status, a reserve 
commissioned officer must, in any applicable yearly period, 
attain the number of points under section 12732(a)(2) of this 
title prescribed by the Secretary concerned, with the approval 
of the Secretary of Defense in the case of a Secretary of a 
military department, and must conform to such other standards 
and qualifications as the Secretary concerned may prescribe. 
The Secretary may not prescribe a minimum of more than 50 
points under this subsection.
  (b) Subject to section 12645 of this title, a reserve 
commissioned officer who fails to attain the number of points, 
or to conform to the standards and qualifications, prescribed 
in subsection (a) shall--
          (1) be transferred to the Retired Reserve if he is 
        qualified and applies therefor;
          (2) if he is not qualified or does not apply for 
        transfer to the Retired Reserve, be transferred to an 
        inactive status, if he is qualified therefor; or
          (3) if he is not transferred to the Retired Reserve 
        or an inactive status, be discharged from his reserve 
        appointment.
  (c) This section does not apply to commissioned warrant 
officers or to adjutants general or assistant adjutants general 
of States, Puerto Rico, and the [District of Columbia] Capital.

           *       *       *       *       *       *       *


PART V--SERVICE, SUPPLY, AND PROCUREMENT

           *       *       *       *       *       *       *


CHAPTER 1803--FACILITIES FOR RESERVE COMPONENTS

           *       *       *       *       *       *       *


Sec. 18238. Army National Guard of United States; Air National Guard of 
                    United States: limitation on relocation of units

  A unit of the Army National Guard of the United States or the 
Air National Guard of the United States may not be relocated or 
withdrawn under this chapter without the consent of the 
governor of the State or, in the case of the [District of 
Columbia,] Capital, the commanding general of the [National 
Guard of the District of Columbia] Capital National Guard.

           *       *       *       *       *       *       *

                              ----------                              


TITLE 28, UNITED STATES CODE

           *       *       *       *       *       *       *


PART I--ORGANIZATION OF COURTS

           *       *       *       *       *       *       *


CHAPTER 3--COURTS OF APPEALS

           *       *       *       *       *       *       *


Sec. 41. Number and composition of circuits

  The thirteen judicial circuits of the United States are 
constituted as follows:


 
----------------------------------------------------------------------------------------------------------------
              Circuits                                                Composition
----------------------------------------------------------------------------------------------------------------
[District of Columbia] Capital......  [District of Columbia] Capital; Washington, Douglass Commonwealth.
First                                 Maine, Massachusetts, New Hampshire, Puerto Rico, Rhode Island.
Second                                Connecticut, New York, Vermont.
Third                                 Delaware, New Jersey, Pennsylvania, Virgin
Fourth                                Maryland, North Carolina, South Carolina, Virginia, West Virginia.
Fifth                                 District of the Canal Zone, Louisiana, Mississippi, Texas.
Sixth                                 Kentucky, Michigan, Ohio, Tennessee.
Seventh                               Illinois, Indiana, Wisconsin.
Eighth                                Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, South Dakota.
Ninth                                 Alaska, Arizona, California, Idaho, Montana, Nevada, Oregon, Washington,
                                       Guam, Hawaii.
Tenth                                 Colorado, Kansas, New Mexico, Oklahoma, Utah, Wyoming.
Eleventh                              Alabama, Florida, Georgia.
Federal                               All Federal judicial districts.
----------------------------------------------------------------------------------------------------------------

                                      

           *       *       *       *       *       *       *
Sec. 44. Appointment, tenure, residence and salary of circuit judges

  (a) The President shall appoint, by and with the advice and 
consent of the Senate, circuit judges for the several circuits 
as follows:


 
----------------------------------------------------------------------------------------------------------------
              Circuits                                                Composition
----------------------------------------------------------------------------------------------------------------
[District of Columbia] Capital......  11
First                                 6
Second                                13
Third                                 14
Fourth                                15
Fifth                                 17
Sixth                                 16
Seventh                               11
Eighth                                11
Ninth                                 29
Tenth                                 12
Eleventh                              12
Federal                               12
----------------------------------------------------------------------------------------------------------------

  (b) Circuit judges shall hold office during good behavior.
  (c) [Except in the District of Columbia, each] Each circuit 
judge shall be a resident of the circuit for which appointed at 
the time of his appointment and thereafter while in active 
service. While in active service, each circuit judge of the 
Federal judicial circuit appointed after the effective date of 
the Federal Courts Improvement Act of 1982, and the chief judge 
of the Federal judicial circuit, whenever appointed, shall 
reside [within fifty miles of the District of Columbia] within 
fifty miles of the Capital. In each circuit (other than the 
Federal judicial circuit) there shall be at least one circuit 
judge in regular active service appointed from the residents of 
each state in that circuit.
  (d) Each circuit judge shall receive a salary at an annual 
rate determined under section 225 of the Federal Salary Act of 
1967 (2 U.S.C. 351-361), as adjusted by section 461 of this 
title.

           *       *       *       *       *       *       *


Sec. 48. Terms of court

  (a) The courts of appeals shall hold regular sessions at the 
places listed below, and at such other places within the 
respective circuit as each court may designate by rule.


 
----------------------------------------------------------------------------------------------------------------
              Circuits                                                Composition
----------------------------------------------------------------------------------------------------------------
[District of Columbia] Capital......  [Washington] Capital.
First                                 Boston.
Second                                New York.
Third                                 Philadelphia.
Fourth                                Richmond, Asheville.
Fifth                                 New Orleans, Fort Worth, Jackson.
Sixth                                 Cincinnati.
Seventh                               Chicago.
Eighth                                St. Louis, Kansas City, Omaha, St. Paul.
Ninth                                 San Francisco, Los Angeles, Portland, Seattle.
Tenth                                 Denver, Wichita, Oklahoma City.
Eleventh                              Atlanta, Jacksonville, Montgomery.
Federal                               [District of Columbia] Capital, and in any other place listed above as the
                                       court by rule directs.
----------------------------------------------------------------------------------------------------------------

  (b) Each court of appeals may hold special sessions at any 
place within its circuit as the nature of the business may 
require, and upon such notice as the court orders. The court 
may transact any business at a special session which it might 
transact at a regular session.
  (c) Any court of appeals may pretermit any regular session of 
court at any place for insufficient business or other good 
cause.
  (d) The times and places of the sessions of the Court of 
Appeals for the Federal Circuit shall be prescribed with a view 
to securing reasonable opportunity to citizens to appear before 
the court with as little inconvenience and expense to citizens 
as is practicable.
  (e) Each court of appeals may hold special sessions at any 
place within the United States outside the circuit as the 
nature of the business may require and upon such notice as the 
court orders, upon a finding by either the chief judge of the 
court of appeals (or, if the chief judge is unavailable, the 
most senior available active judge of the court of appeals) or 
the judicial council of the circuit that, because of emergency 
conditions, no location within the circuit is reasonably 
available where such special sessions could be held. The court 
may transact any business at a special session outside the 
circuit which it might transact at a regular session.
  (f) If a court of appeals issues an order exercising its 
authority under subsection (e), the court--
          (1) through the Administrative Office of the United 
        States Courts, shall--
                  (A) send notice of such order, including the 
                reasons for the issuance of such order, to the 
                Committee on the Judiciary of the Senate and 
                the Committee on the Judiciary of the House of 
                Representatives; and
                  (B) not later than 180 days after the 
                expiration of such court order submit a brief 
                report to the Committee on the Judiciary of the 
                Senate and the Committee on the Judiciary of 
                the House of Representatives describing the 
                impact of such order, including--
                          (i) the reasons for the issuance of 
                        such order;
                          (ii) the duration of such order;
                          (iii) the impact of such order on 
                        litigants; and
                          (iv) the costs to the judiciary 
                        resulting from such order; and
          (2) shall provide reasonable notice to the United 
        States Marshals Service before the commencement of any 
        special session held pursuant to such order.

Sec. 49. Assignment of judges to division to appoint independent 
                    counsels

  (a) Beginning with the two-year period commencing on the date 
of the enactment of this section, three judges or justices 
shall be assigned for each successive two-year period to a 
division of the United States Court of Appeals for the 
[District of Columbia] Capital to be the division of the court 
for the purpose of appointing independent counsels. The Clerk 
of the United States Court of Appeals for the [District of 
Columbia] Capital Circuit shall serve as the clerk of such 
division of the court and shall provide such services as are 
needed by such division of the court.
  (b) Except as provided under subsection (f) of this section, 
assignment to such division of the court shall not be a bar to 
other judicial assignments during the term of such division.
  (c) In assigning judges or justices to sit on such division 
of the court, priority shall be given to senior circuit judges 
and retired justices.
  (d) The Chief Justice of the United States shall designate 
and assign three circuit court judges or justices, one of whom 
shall be a judge of the United States Court of Appeals for the 
[District of Columbia] Capital, to such division of the court. 
Not more than one judge or justice or senior or retired judge 
or justice may be named to such division from a particular 
court.
  (e) Any vacancy in such division of the court shall be filled 
only for the remainder of the two-year period in which such 
vacancy occurs and in the same manner as initial assignments to 
such division were made.
  (f) Except as otherwise provided in chapter 40 of this title, 
no member of such division of the court who participated in a 
function conferred on the division under chapter 40 of this 
title involving an independent counsel shall be eligible to 
participate in any judicial proceeding concerning a matter 
which involves such independent counsel while such independent 
counsel is serving in that office or which involves the 
exercise of such independent counsel's official duties, 
regardless of whether such independent counsel is still serving 
in that office.

           *       *       *       *       *       *       *


                       CHAPTER 5--DISTRICT COURTS

Sec.
81. Alabama.
     * * * * * * *
[88. District of Columbia.]
88. Washington, Douglass Commonwealth and the Capital.

           *       *       *       *       *       *       *


Sec. 88. [District of Columbia]  Washington, Douglass Commonwealth and 
                    the Capital

   [The District of Columbia constitutes one judicial 
district.] The State of Washington, Douglass Commonwealth and 
the Capital comprise on judicial district.
   Court shall be held at [Washington] the Capital.

           *       *       *       *       *       *       *


Sec. 133. Appointment and number of district judges

  (a) The President shall appoint, by and with the advice and 
consent of the Senate, district judges for the several judicial 
districts, as follows:


------------------------------------------------------------------------
                Districts                              Judges
------------------------------------------------------------------------
Alabama:
Northern                                   7
Middle                                     3
Southern                                   3
Alaska                                     3
Arizona                                    12
Arkansas:                                  .............................
Eastern                                    5
Western                                    3
California:                                .............................
Northern                                   14
Eastern                                    6
Central                                    27
Southern                                   13
Colorado                                   7
Connecticut                                8
Delaware                                   4
[District of Columbia] Washington,         15
 Douglass Commonwealth and the Capital.
Florida:                                   .............................
Northern                                   4
Middle                                     15
Southern                                   17
Georgia:                                   .............................
Northern                                   11
Middle                                     4
Southern                                   3
Hawaii                                     3
Idaho                                      2
Illinois:                                  .............................
Northern                                   22
Central                                    4
Southern                                   4
Indiana:                                   .............................
Northern                                   5
Southern                                   5
Iowa:                                      .............................
Northern                                   2
Southern                                   3
Kansas                                     5
Kentucky:                                  .............................
Eastern                                    5
Western                                    4
Eastern and Western                        1
Louisiana:                                 .............................
Eastern                                    12
Middle                                     3
Western                                    7
Maine                                      3
Maryland                                   10
Massachusetts                              13
Michigan:                                  .............................
Eastern                                    15
Western                                    4
Minnesota                                  7
Mississippi:                               .............................
Northern                                   3
Southern                                   6
Missouri:                                  .............................
Eastern                                    6
Western                                    5
Eastern and Western                        2
Montana                                    3
Nebraska                                   3
Nevada                                     7
New Hampshire                              3
New Jersey                                 17
New Mexico                                 6
New York:                                  .............................
Northern                                   5
Southern                                   28
Eastern                                    15
Western                                    4
North Carolina:                            .............................
Eastern                                    4
Middle                                     4
Western                                    4
North Dakota                               2
Ohio:                                      .............................
Northern                                   11
Southern                                   8
Oklahoma:                                  .............................
Northern                                   3
Eastern                                    1
Western                                    6
Northern, Eastern, and Western             1
Oregon                                     6
Pennsylvania:                              .............................
Eastern                                    22
Middle                                     6
Western                                    10
Puerto Rico                                7
Rhode Island                               3
South Carolina                             10
South Dakota                               3
Tennessee:                                 .............................
Eastern                                    5
Middle                                     4
Western                                    5
Texas:                                     .............................
Northern                                   12
Southern                                   19
Eastern                                    7
Western                                    13
Utah                                       5
Vermont                                    2
Virginia:                                  .............................
Eastern                                    11
Western                                    4
Washington:                                .............................
Eastern                                    4
Western                                    7
West Virginia:                             .............................
Northern                                   3
Southern                                   5
Wisconsin:
Eastern                                    5
Western                                    2
Wyoming                                    3
------------------------------------------------------------------------

  (b)(1) In any case in which a judge of the United States 
(other than a senior judge) assumes the duties of a full-time 
office of Federal judicial administration, the President shall 
appoint, by and with the advice and consent of the Senate, an 
additional judge for the court on which such judge serves. If 
the judge who assumes the duties of such full-time office 
leaves that office and resumes the duties as an active judge of 
the court, then the President shall not appoint a judge to fill 
the first vacancy which occurs thereafter in that court.
  (2) For purposes of paragraph (1), the term ``office of 
Federal judicial administration'' means a position as Director 
of the Federal Judicial Center, Director of the Administrative 
Office of the United States Courts, or Counselor to the Chief 
Justice.

Sec. 134. Tenure and residence of district judges

  (a) The district judges shall hold office during good 
behavior.
  (b) Each district judge, except in [the District of Columbia, 
the Southern District of New York, and] the Southern District 
of New York and the Eastern District of New York, shall reside 
in the district or one of the districts for which he is 
appointed. Each district judge of the Southern District of New 
York and the Eastern District of New York may reside within 20 
miles of the district to which he or she is appointed.
  (c) If the public interest and the nature of the business of 
a district court require that a district judge should maintain 
his abode at or near a particular place for holding court in 
the district or within a particular part of the district the 
judicial council of the circuit may so declare and may make an 
appropriate order. If the district judges of such a district 
are unable to agree as to which of them shall maintain his 
abode at or near the place or within the area specified in such 
an order the judicial council of the circuit may decide which 
of them shall do so.

           *       *       *       *       *       *       *


CHAPTER 6--BANKRUPTCY JUDGES

           *       *       *       *       *       *       *


Sec. 152. Appointment of bankruptcy judges

  (a)(1) Each bankruptcy judge to be appointed for a judicial 
district, as provided in paragraph (2), shall be appointed by 
the court of appeals of the United States for the circuit in 
which such district is located. Such appointments shall be made 
after considering the recommendations of the Judicial 
Conference submitted pursuant to subsection (b). Each 
bankruptcy judge shall be appointed for a term of fourteen 
years, subject to the provisions of subsection (e). However, 
upon the expiration of the term, a bankruptcy judge may, with 
the approval of the judicial council of the circuit, continue 
to perform the duties of the office until the earlier of the 
date which is 180 days after the expiration of the term or the 
date of the appointment of a successor. Bankruptcy judges shall 
serve as judicial officers of the United States district court 
established under Article III of the Constitution.
  (2) The bankruptcy judges appointed pursuant to this section 
shall be appointed for the several judicial districts as 
follows:


------------------------------------------------------------------------
                Districts                              Judges
------------------------------------------------------------------------
Alabama:
Northern                                   5
Middle                                     2
Southern                                   2
Alaska                                     2
Arizona                                    7
Arkansas:                                  .............................
Eastern and Western                        3
California:                                .............................
Northern                                   9
Eastern                                    6
Central                                    21
Southern                                   4
Colorado                                   5
Connecticut                                3
Delaware                                   1
[District of Columbia] Washington,         1
 Douglass Commonwealth and the Capital.
Florida:                                   .............................
Northern                                   1
Middle                                     8
Southern                                   5
Georgia:                                   .............................
Northern                                   8
Middle                                     3
Southern                                   2
Hawaii                                     1
Idaho                                      2
Illinois:                                  .............................
Northern                                   10
Central                                    3
Southern                                   1
Indiana:                                   .............................
Northern                                   3
Southern                                   4
Iowa:                                      .............................
Northern                                   2
Southern                                   2
Kansas                                     4
Kentucky:                                  .............................
Eastern                                    2
Western                                    3
Louisiana:                                 .............................
Eastern                                    2
Middle                                     1
Western                                    3
Maine                                      2
Maryland                                   4
Massachusetts                              5
Michigan:                                  .............................
Eastern                                    4
Western                                    3
Minnesota                                  4
Mississippi:                               .............................
Northern                                   1
Southern                                   2
Missouri:                                  .............................
Eastern                                    3
Western                                    3
Montana                                    1
Nebraska                                   2
Nevada                                     3
New Hampshire                              1
New Jersey                                 8
New Mexico                                 2
New York:                                  .............................
Northern                                   2
Southern                                   9
Eastern                                    6
Western                                    3
North Carolina:                            .............................
Eastern                                    2
Middle                                     2
Western                                    2
North Dakota                               1
Ohio:                                      .............................
Northern                                   8
Southern                                   7
Oklahoma:                                  .............................
Northern                                   2
Eastern                                    1
Western                                    3
Oregon                                     5
Pennsylvania:                              .............................
Eastern                                    5
Middle                                     2
Western                                    4
Puerto Rico                                2
Rhode Island                               1
South Carolina                             2
South Dakota                               2
Tennessee:                                 .............................
Eastern                                    3
Middle                                     3
Western                                    4
Texas:                                     .............................
Northern                                   6
Eastern                                    2
Southern                                   6
Western                                    4
Utah                                       3
Vermont                                    1
Virginia:                                  .............................
Eastern                                    5
Western                                    3
Washington:                                .............................
Eastern                                    2
Western                                    5
West Virginia:                             .............................
Northern                                   1
Southern                                   1
Wisconsin:
Eastern                                    4
Western                                    2
Wyoming                                    1
------------------------------------------------------------------------

  (3) Whenever a majority of the judges of any court of appeals 
cannot agree upon the appointment of a bankruptcy judge, the 
chief judge of such court shall make such appointment.
  (4) The judges of the district courts for the territories 
shall serve as the bankruptcy judges for such courts. The 
United States court of appeals for the circuit within which 
such a territorial district court is located may appoint 
bankruptcy judges under this chapter for such district if 
authorized to do so by the Congress of the United States under 
this section.
  (b)(1) The Judicial Conference of the United States shall, 
from time to time, and after considering the recommendations 
submitted by the Director of the Administrative Office of the 
United States Courts after such Director has consulted with the 
judicial council of the circuit involved, determine the 
official duty stations of bankruptcy judges and places of 
holding court.
  (2) The Judicial Conference shall, from time to time, submit 
recommendations to the Congress regarding the number of 
bankruptcy judges needed and the districts in which such judges 
are needed.
  (3) Not later than December 31, 1994, and not later than the 
end of each 2-year period thereafter, the Judicial Conference 
of the United States shall conduct a comprehensive review of 
all judicial districts to assess the continuing need for the 
bankruptcy judges authorized by this section, and shall report 
to the Congress its findings and any recommendations for the 
elimination of any authorized position which can be eliminated 
when a vacancy exists by reason of resignation, retirement, 
removal, or death.
  (c)(1) Each bankruptcy judge may hold court at such places 
within the judicial district, in addition to the official duty 
station of such judge, as the business of the court may 
require.
  (2)(A) Bankruptcy judges may hold court at such places within 
the United States outside the judicial district as the nature 
of the business of the court may require, and upon such notice 
as the court orders, upon a finding by either the chief judge 
of the bankruptcy court (or, if the chief judge is unavailable, 
the most senior available bankruptcy judge) or by the judicial 
council of the circuit that, because of emergency conditions, 
no location within the district is reasonably available where 
the bankruptcy judges could hold court.
  (B) Bankruptcy judges may transact any business at special 
sessions of court held outside the district pursuant to this 
paragraph that might be transacted at a regular session.
  (C) If a bankruptcy court issues an order exercising its 
authority under subparagraph (A), the court--
          (i) through the Administrative Office of the United 
        States Courts, shall--
                  (I) send notice of such order, including the 
                reasons for the issuance of such order, to the 
                Committee on the Judiciary of the Senate and 
                the Committee on the Judiciary of the House of 
                Representatives; and
                  (II) not later than 180 days after the 
                expiration of such court order submit a brief 
                report to the Committee on the Judiciary of the 
                Senate and the Committee on the Judiciary of 
                the House of Representatives describing the 
                impact of such order, including--
                          (aa) the reasons for the issuance of 
                        such order;
                          (bb) the duration of such order;
                          (cc) the impact of such order on 
                        litigants; and
                          (dd) the costs to the judiciary 
                        resulting from such order; and
          (ii) shall provide reasonable notice to the United 
        States Marshals Service before the commencement of any 
        special session held pursuant to such order.
  (d) With the approval of the Judicial Conference and of each 
of the judicial councils involved, a bankruptcy judge may be 
designated to serve in any district adjacent to or near the 
district for which such bankruptcy judge was appointed.
  (e) A bankruptcy judge may be removed during the term for 
which such bankruptcy judge is appointed, only for 
incompetence, misconduct, neglect of duty, or physical or 
mental disability and only by the judicial council of the 
circuit in which the judge's official duty station is located. 
Removal may not occur unless a majority of all of the judges of 
such council concur in the order of removal. Before any order 
of removal may be entered, a full specification of charges 
shall be furnished to such bankruptcy judge who shall be 
accorded an opportunity to be heard on such charges.

           *       *       *       *       *       *       *


CHAPTER 7--UNITED STATES COURT OF FEDERAL CLAIMS

           *       *       *       *       *       *       *


Sec. 173. Times and places of holding court

  The principal office of the United States Court of Federal 
Claims shall be in [the District of Columbia] the Capital, but 
the Court of Federal Claims may hold court at such times and in 
such places as it may fix by rule of court. The times and 
places of the sessions of the Court of Federal Claims shall be 
prescribed with a view to securing reasonable opportunity to 
citizens to appear before the Court of Federal Claims with as 
little inconvenience and expense to citizens as is practicable.

           *       *       *       *       *       *       *


Sec. 175. Official duty station; residence

  (a) The official duty station of each judge of the United 
States Court of Federal Claims is [the District of Columbia] 
the Capital.
  (b) After appointment and while in active service, each judge 
shall reside within fifty miles of [the District of Columbia] 
the Capital.
  (c) Retired judges of the Court of Federal Claims are not 
subject to restrictions as to residence. The place where a 
retired judge maintains the actual abode in which such judge 
customarily lives shall be deemed to be the judge's official 
duty station for the purposes of section 456 of this title.

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CHAPTER 21--GENERAL PROVISIONS APPLICABLE TO COURTS AND JUDGES

           *       *       *       *       *       *       *


Sec. 451. Definitions

  As used in this title:
   The term ``court of the United States'' includes the Supreme 
Court of the United States, courts of appeals, district courts 
constituted by chapter 5 of this title, including the Court of 
International Trade and any court created by Act of Congress 
the judges of which are entitled to hold office during good 
behavior.
   The terms ``district court'' and ``district court of the 
United States'' mean the courts constituted by chapter 5 of 
this title.
   The term ``judge of the United States'' includes judges of 
the courts of appeals, district courts, Court of International 
Trade and any court created by Act of Congress, the judges of 
which are entitled to hold office during good behavior.
   The term ``justice of the United States'' includes the Chief 
Justice of the United States and the associate justices of the 
Supreme Court.
   The terms ``district'' and ``judicial district'' means the 
districts enumerated in Chapter 5 of this title.
   The term ``department'' means one of the executive 
departments enumerated in section 1 of Title 5, unless the 
context shows that such term was intended to describe the 
executive, legislative, or judicial branches of the government.
   The term ``agency'' includes any department, independent 
establishment, commission, administration, authority, board or 
bureau of the United States or any corporation in which the 
United States has a proprietary interest, unless the context 
shows that such term was intended to be used in a more limited 
sense.
          The term ``Capital'' means the area serving as the 
        seat of the Government of the United States, as 
        described in section 112 of the Washington, D.C. 
        Admission Act.

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Sec. 456. Traveling expenses of justices and judges; official duty 
                    stations

  (a) The Director of the Administrative Office of the United 
States Courts shall pay each justice or judge of the United 
States, and each retired justice or judge recalled or 
designated and assigned to active duty, while attending court 
or transacting official business at a place other than his 
official duty station for any continuous period of less than 
thirty calendar days (1) all necessary transportation expenses 
certified by the justice or judge; and (2) payments for 
subsistence expenses at rates or in amounts which the Director 
establishes, in accordance with regulations which the Director 
shall prescribe with the approval of the Judicial Conference of 
the United States and after considering the rates or amounts 
set by the Administrator of General Services and the President 
pursuant to section 5702 of title 5. The Director of the 
Administrative Office of the United States Courts shall also 
pay each justice or judge of the United States, and each 
retired justice or judge recalled or designated and assigned to 
active duty, while attending court or transacting official 
business under an assignment authorized under chapter 13 of 
this title which exceeds in duration a continuous period of 
thirty calendar days, all necessary transportation expenses and 
actual and necessary expenses of subsistence actually incurred, 
notwithstanding the provisions of section 5702 of title 5, in 
accordance with regulations which the Director shall prescribe 
with the approval of the Judicial Conference of the United 
States.
  [(b) The official duty station of the Chief Justice of the 
United States, the Justices of the Supreme Court of the United 
States, and the judges of the United States Court of Appeals 
for the District of Columbia Circuit, the United States Court 
of Appeals for the Federal Circuit, and the United States 
District Court for the District of Columbia shall be the 
District of Columbia.]
  (b) The official duty station of the Chief Justice of the 
United States, the Justices of the Supreme Court of the United 
States, and the judges of the United States Court of Appeals 
for the Federal Circuit shall be the Capital.
  (c) The official duty station of the judges of the United 
States Court of International Trade shall be New York City.
  (d) The official duty station of each district judge shall be 
that place where a district court holds regular sessions at or 
near which the judge performs a substantial portion of his 
judicial work, which is nearest the place where he maintains 
his actual abode in which he customarily lives.
  (e) The official duty station of a circuit judge shall be 
that place where a circuit or district court holds regular 
sessions at or near which the judge performs a substantial 
portion of his judicial work, or that place where the Director 
provides chambers to the judge where he performs a substantial 
portion of his judicial work, which is nearest the place where 
he maintains his actual abode in which he customarily lives.
  (f) The official duty station of a retired judge shall be 
established in accordance with section 374 of this title.
  (g) Each circuit or district judge whose official duty 
station is not fixed expressly by this section shall notify the 
Director of the Administrative Office of the United States 
Courts in writing of his actual abode and official duty station 
upon his appointment and from time to time thereafter as his 
official duty station may change.

           *       *       *       *       *       *       *


Sec. 462. Court accommodations

  (a) Sessions of courts of the United States (except the 
Supreme Court) shall be held only at places where the Director 
of the Administrative Office of the United States Courts 
provides accommodations, or where suitable accommodations are 
furnished without cost to the judicial branch.
  (b) The Director of the Administrative Office of the United 
States Courts shall provide accommodations, including chambers 
and courtrooms, only at places where regular sessions of court 
are authorized by law to be held, but only if the judicial 
council of the appropriate circuit has approved the 
accommodations as necessary.
  (c) The limitations and restrictions contained in subsection 
(b) of this section shall not prevent the Director from 
furnishing chambers to circuit judges at places within the 
circuit other than where regular sessions of court are 
authorized by law to be held, when the judicial council of the 
circuit approves.
  (d) The Director of the Administrative Office of the United 
States Courts shall provide permanent accommodations for the 
United States Court of Appeals for the Federal Circuit and for 
the United States Court of Federal Claims only at [the District 
of Columbia] the Capital. However, each such court may hold 
regular and special sessions at other places utilizing the 
accommodations which the Director provides to other courts.
  (e) The Director of the Administrative Office of the United 
States Courts shall provide accommodations for probation 
officers, pretrial service officers, and Federal Public 
Defender Organizations at such places as may be approved by the 
judicial council of the appropriate circuit.
  (f) Upon the request of the Director, the Administrator of 
General Services is authorized and directed to provide the 
accommodations the Director requests, and to close 
accommodations which the Director recommends for closure with 
the approval of the Judicial Conference of the United States.

           *       *       *       *       *       *       *


PART II--DEPARTMENT OF JUSTICE

           *       *       *       *       *       *       *


CHAPTER 35--UNITED STATES ATTORNEYS

           *       *       *       *       *       *       *


Sec. 545. Residence

  (a) [Each United States attorney shall reside in the district 
for which he is appointed, except that these officers of the 
District of Columbia, the Southern District of New York, and 
the Eastern District of New York may reside within 20 miles 
thereof.] Each United States attorney shall reside in the 
district for which he or she is appointed, except that those 
officers of the Southern District of New York and the Eastern 
District of New York may reside within 20 miles thereof. Each 
assistant United States attorney shall reside in the district 
for which he or she is appointed or within 25 miles thereof. 
The provisions of this subsection shall not apply to any United 
States attorney or assistant United States attorney appointed 
for the Northern Mariana Islands who at the same time is 
serving in the same capacity in another district. Pursuant to 
an order from the Attorney General or his designee, a United 
States attorney or an assistant United States attorney may be 
assigned dual or additional responsibilities that exempt such 
officer from the residency requirement in this subsection for a 
specific period as established by the order and subject to 
renewal.
  (b) The Attorney General may determine the official stations 
of United States attorneys and assistant United States 
attorneys within the districts for which they are appointed.

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CHAPTER 37--UNITED STATES MARSHALS SERVICE

           *       *       *       *       *       *       *


Sec. 561. United States Marshals Service

  (a) There is hereby established a United States Marshals 
Service as a bureau within the Department of Justice under the 
authority and direction of the Attorney General. There shall be 
at the head of the United States Marshals Service (hereafter in 
this chapter referred to as the ``Service'') a Director who 
shall be appointed by the President, by and with the advice and 
consent of the Senate.
  (b) The Director of the United States Marshals Service 
(hereafter in this chapter referred to as the ``Director'') 
shall, in addition to the powers and duties set forth in this 
chapter, exercise such other functions as may be delegated by 
the Attorney General.
  (c) The President shall appoint, by and with the advice and 
consent of the Senate, a United States marshal for each 
judicial district of the United States and for the Superior 
Court of the District of Columbia, except that any marshal 
appointed for the Northern Mariana Islands may at the same time 
serve as marshal in another judicial district. Each United 
States marshal shall be an official of the Service and shall 
serve under the direction of the Director.
  (d) Each marshal shall be appointed for a term of four years. 
A marshal shall, unless that marshal has resigned or been 
removed by the President, continue to perform the duties of 
that office after the end of that 4-year term until a successor 
is appointed and qualifies.
  (e) The Director shall designate places within a judicial 
district for the official station and offices of each marshal. 
Each marshal shall reside within the district for which such 
marshal is appointed, except that--
          [(1) the marshal for the District of Columbia, for 
        the Superior Court of the District of Columbia, and for 
        the Southern District of New York may reside within 20 
        miles of the district for which the marshal is 
        appointed; and]
          (1) the marshal for the Southern District of New York 
        may reside within 20 miles of the district; and
          (2) any marshal appointed for the Northern Mariana 
        Islands who at the same time is serving as marshal in 
        another district may reside in such other district.
  (f) The Director is authorized to appoint and fix the 
compensation of such employees as are necessary to carry out 
the powers and duties of the Service and may designate such 
employees as law enforcement officers in accordance with such 
policies and procedures as the Director shall establish 
pursuant to the applicable provisions of title 5 and 
regulations issued thereunder.
  (g) The Director shall supervise and direct the United States 
Marshals Service in the performance of its duties.
  (h) The Director may administer oaths and may take 
affirmations of officials and employees of the Service, but 
shall not demand or accept any fee or compensation therefor.
  (i) Each marshal appointed under this section should have--
          (1) a minimum of 4 years of command-level law 
        enforcement management duties, including personnel, 
        budget, and accountable property issues, in a police 
        department, sheriff's office or Federal law enforcement 
        agency;
          (2) experience in coordinating with other law 
        enforcement agencies, particularly at the State and 
        local level;
          (3) college-level academic experience; and
          (4) experience in or with county, State, and Federal 
        court systems or experience with protection of court 
        personnel, jurors, and witnesses.

           *       *       *       *       *       *       *


CHAPTER 39--UNITED STATES TRUSTEES

           *       *       *       *       *       *       *


Sec. 581. United States trustees

  (a) The Attorney General shall appoint one United States 
trustee for each of the following regions composed of Federal 
judicial districts (without regard to section 451):
          (1) The judicial districts established for the States 
        of Maine, Massachusetts, New Hampshire, and Rhode 
        Island.
          (2) The judicial districts established for the States 
        of Connecticut, New York, and Vermont.
          (3) The judicial districts established for the States 
        of Delaware, New Jersey, and Pennsylvania.
          (4) The judicial districts established for the States 
        of Maryland, North Carolina, South Carolina, Virginia, 
        and West Virginia and for [the District of Columbia] 
        the Capital and Washington, Douglass Commonwealth.
          (5) The judicial districts established for the States 
        of Louisiana and Mississippi.
          (6) The Northern District of Texas and the Eastern 
        District of Texas.
          (7) The Southern District of Texas and the Western 
        District of Texas.
          (8) The judicial districts established for the States 
        of Kentucky and Tennessee.
          (9) The judicial districts established for the States 
        of Michigan and Ohio.
          (10) The Central District of Illinois and the 
        Southern District of Illinois; and the judicial 
        districts established for the State of Indiana.
          (11) The Northern District of Illinois; and the 
        judicial districts established for the State of 
        Wisconsin.
          (12) The judicial districts established for the 
        States of Minnesota, Iowa, North Dakota, and South 
        Dakota.
          (13) The judicial districts established for the 
        States of Arkansas, Nebraska, and Missouri.
          (14) The District of Arizona.
          (15) The Southern District of California; and the 
        judicial districts established for the State of Hawaii, 
        and for Guam and the Commonwealth of the Northern 
        Mariana Islands.
          (16) The Central District of California.
          (17) The Eastern District of California and the 
        Northern District of California; and the judicial 
        district established for the State of Nevada.
          (18) The judicial districts established for the 
        States of Alaska, Idaho (exclusive of Yellowstone 
        National Park), Montana (exclusive of Yellowstone 
        National Park), Oregon, and Washington.
          (19) The judicial districts established for the 
        States of Colorado, Utah, and Wyoming (including those 
        portions of Yellowstone National Park situated in the 
        States of Montana and Idaho).
          (20) The judicial districts established for the 
        States of Kansas, New Mexico, and Oklahoma.
          (21) The judicial districts established for the 
        States of Alabama, Florida, and Georgia and for the 
        Commonwealth of Puerto Rico and the Virgin Islands of 
        the United States.
  (b) Each United States trustee shall be appointed for a term 
of five years. On the expiration of his term, a United States 
trustee shall continue to perform the duties of his office 
until his successor is appointed and qualifies.
  (c) Each United States trustee is subject to removal by the 
Attorney General.

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CHAPTER 40--INDEPENDENT COUNSEL

           *       *       *       *       *       *       *


Sec. 594. Authority and duties of an independent counsel

  (a) Authorities.--Notwithstanding any other provision of law, 
an independent counsel appointed under this chapter shall have, 
with respect to all matters in such independent counsel's 
prosecutorial jurisdiction established under this chapter, full 
power and independent authority to exercise all investigative 
and prosecutorial functions and powers of the Department of 
Justice, the Attorney General, and any other officer or 
employee of the Department of Justice, except that the Attorney 
General shall exercise direction or control as to those matters 
that specifically require the Attorney General's personal 
action under section 2516 of title 18. Such investigative and 
prosecutorial functions and powers shall include--
          (1) conducting proceedings before grand juries and 
        other investigations;
          (2) participating in court proceedings and engaging 
        in any litigation, including civil and criminal 
        matters, that such independent counsel considers 
        necessary;
          (3) appealing any decision of a court in any case or 
        proceeding in which such independent counsel 
        participates in an official capacity;
          (4) reviewing all documentary evidence available from 
        any source;
          (5) determining whether to contest the assertion of 
        any testimonial privilege;
          (6) receiving appropriate national security 
        clearances and, if necessary, contesting in court 
        (including, where appropriate, participating in in 
        camera proceedings) any claim of privilege or attempt 
        to withhold evidence on grounds of national security;
          (7) making applications to any Federal court for a 
        grant of immunity to any witness, consistent with 
        applicable statutory requirements, or for warrants, 
        subpoenas, or other court orders, and, for purposes of 
        sections 6003, 6004, and 6005 of title 18, exercising 
        the authority vested in a United States attorney or the 
        Attorney General;
          (8) inspecting, obtaining, or using the original or a 
        copy of any tax return, in accordance with the 
        applicable statutes and regulations, and, for purposes 
        of section 6103 of the Internal Revenue Code of 1986 
        and the regulations issued thereunder, exercising the 
        powers vested in a United States attorney or the 
        Attorney General;
          (9) initiating and conducting prosecutions in any 
        court of competent jurisdiction, framing and signing 
        indictments, filing informations, and handling all 
        aspects of any case, in the name of the United States; 
        and
          (10) consulting with the United States attorney for 
        the district in which any violation of law with respect 
        to which the independent counsel is appointed was 
        alleged to have occurred.
  (b) Compensation.--
          (1) In general.--An independent counsel appointed 
        under this chapter shall receive compensation at the 
        per diem rate equal to the annual rate of basic pay 
        payable for level IV of the Executive Schedule under 
        section 5315 of title 5.
          (2) Travel expenses.--Except as provided in paragraph 
        (3), an independent counsel and persons appointed under 
        subsection (c) shall be entitled to the payment of 
        travel expenses as provided by subchapter I of chapter 
        57 of title 5, United States Code, including travel, 
        per diem, and subsistence expenses in accordance with 
        section 5703 of title 5.
          (3) Travel to primary office.--
                  (A) In general.--After 1 year of service 
                under this chapter, an independent counsel and 
                persons appointed under subsection (c) shall 
                not be entitled to the payment of travel, per 
                diem, or subsistence expenses under subchapter 
                I of chapter 57 of title 5, United States Code, 
                for the purpose of commuting to or from the 
                city in which the primary office of the 
                independent counsel or person is located. The 
                1-year period may be extended for successive 6-
                month periods if the independent counsel and 
                the division of the court certify that the 
                payment is in the public interest to carry out 
                the purposes of this chapter.
                  (B) Relevant factors.--In making any 
                certification under this paragraph with respect 
                to travel and subsistence expenses of an 
                independent counsel or person appointed under 
                subsection (c), the independent counsel and the 
                division of the court shall consider, among 
                other relevant factors--
                          (i) the cost to the Government of 
                        reimbursing such travel and subsistence 
                        expenses;
                          (ii) the period of time for which the 
                        independent counsel anticipates that 
                        the activities of the independent 
                        counsel or person, as the case may be, 
                        will continue;
                          (iii) the personal and financial 
                        burdens on the independent counsel or 
                        person, as the case may be, of 
                        relocating so that such travel and 
                        subsistence expenses would not be 
                        incurred; and
                          (iv) the burdens associated with 
                        appointing a new independent counsel, 
                        or appointing another person under 
                        subsection (c), to replace the 
                        individual involved who is unable or 
                        unwilling to so relocate.
  (c) Additional Personnel.--For the purposes of carrying out 
the duties of an office of independent counsel, such 
independent counsel may appoint, fix the compensation, and 
assign the duties of such employees as such independent counsel 
considers necessary (including investigators, attorneys, and 
part-time consultants). The positions of all such employees are 
exempted from the competitive service. Such employees shall be 
compensated at levels not to exceed those payable for 
comparable positions in the Office of United States Attorney 
for [the District of Columbia] Washington, Douglass 
Commonwealth and the Capital under sections 548 and 550, but in 
no event shall any such employee be compensated at a rate 
greater than the rate of basic pay payable for level ES-4 of 
the Senior Executive Service Schedule under section 5382 of 
title 5, as adjusted for [the District of Columbia] Washington, 
Douglass Commonwealth under section 5304 of that title 
regardless of the locality in which an employee is employed.
  (d) Assistance of Department of Justice.--
          (1) In carrying out functions.--An independent 
        counsel may request assistance from the Department of 
        Justice in carrying out the functions of the 
        independent counsel, and the Department of Justice 
        shall provide that assistance, which may include access 
        to any records, files, or other materials relevant to 
        matters within such independent counsel's prosecutorial 
        jurisdiction, and the use of the resources and 
        personnel necessary to perform such independent 
        counsel's duties. At the request of an independent 
        counsel, prosecutors, administrative personnel, and 
        other employees of the Department of Justice may be 
        detailed to the staff of the independent counsel.
          (2) Payment of and reports on expenditures of 
        independent counsel.--The Department of Justice shall 
        pay all costs relating to the establishment and 
        operation of any office of independent counsel. The 
        Attorney General shall submit to the Congress, not 
        later than 30 days after the end of each fiscal year, a 
        report on amounts paid during that fiscal year for 
        expenses of investigations and prosecutions by 
        independent counsel. Each such report shall include a 
        statement of all payments made for activities of 
        independent counsel but may not reveal the identity or 
        prosecutorial jurisdiction of any independent counsel 
        which has not been disclosed under section 593(b)(4).
  (e) Referral of Other Matters to an Independent Counsel.--An 
independent counsel may ask the Attorney General or the 
division of the court to refer to the independent counsel 
matters related to the independent counsel's prosecutorial 
jurisdiction, and the Attorney General or the division of the 
court, as the case may be, may refer such matters. If the 
Attorney General refers a matter to an independent counsel on 
the Attorney General's own initiative, the independent counsel 
may accept such referral if the matter relates to the 
independent counsel's prosecutorial jurisdiction. If the 
Attorney General refers any matter to the independent counsel 
pursuant to the independent counsel's request, or if the 
independent counsel accepts a referral made by the Attorney 
General on the Attorney General's own initiative, the 
independent counsel shall so notify the division of the court.
  (f) Compliance With Policies of the Department of Justice.--
          (1) In general.--An independent counsel shall, except 
        to the extent that to do so would be inconsistent with 
        the purposes of this chapter, comply with the written 
        or other established policies of the Department of 
        Justice respecting enforcement of the criminal laws. To 
        determine these policies and policies under subsection 
        (l)(1)(B), the independent counsel shall, except to the 
        extent that doing so would be inconsistent with the 
        purposes of this chapter, consult with the Department 
        of Justice.
          (2) National security.--An independent counsel shall 
        comply with guidelines and procedures used by the 
        Department in the handling and use of classified 
        material.
  (g) Dismissal of Matters.--The independent counsel shall have 
full authority to dismiss matters within the independent 
counsel's prosecutorial jurisdiction without conducting an 
investigation or at any subsequent time before prosecution, if 
to do so would be consistent with the written or other 
established policies of the Department of Justice with respect 
to the enforcement of criminal laws.
  (h) Reports by Independent Counsel.--
          (1) Required reports.--An independent counsel shall--
                  (A) file with the division of the court, with 
                respect to the 6-month period beginning on the 
                date of his or her appointment, and with 
                respect to each 6-month period thereafter until 
                the office of that independent counsel 
                terminates, a report which identifies and 
                explains major expenses, and summarizes all 
                other expenses, incurred by that office during 
                the 6-month period with respect to which the 
                report is filed, and estimates future expenses 
                of that office; and
                  (B) before the termination of the independent 
                counsel's office under section 596(b), file a 
                final report with the division of the court, 
                setting forth fully and completely a 
                description of the work of the independent 
                counsel, including the disposition of all cases 
                brought.
          (2) Disclosure of information in reports.--The 
        division of the court may release to the Congress, the 
        public, or any appropriate person, such portions of a 
        report made under this subsection as the division of 
        the court considers appropriate. The division of the 
        court shall make such orders as are appropriate to 
        protect the rights of any individual named in such 
        report and to prevent undue interference with any 
        pending prosecution. The division of the court may make 
        any portion of a final report filed under paragraph 
        (1)(B) available to any individual named in such report 
        for the purposes of receiving within a time limit set 
        by the division of the court any comments or factual 
        information that such individual may submit. Such 
        comments and factual information, in whole or in part, 
        may, in the discretion of the division of the court, be 
        included as an appendix to such final report.
          (3) Publication of reports.--At the request of an 
        independent counsel, the Director of the Government 
        Publishing Office shall cause to be printed any report 
        previously released to the public under paragraph (2). 
        The independent counsel shall certify the number of 
        copies necessary for the public, and the Director of 
        the Government Publishing Office shall place the cost 
        of the required number to the debit of such independent 
        counsel. Additional copies shall be made available to 
        the public through the depository library program and 
        Superintendent of Documents sales program pursuant to 
        sections 1702 and 1903 of title 44.
  (i) Independence From Department of Justice.--Each 
independent counsel appointed under this chapter, and the 
persons appointed by that independent counsel under subsection 
(c), are separate from and independent of the Department of 
Justice for purposes of sections 202 through 209 of title 18.
  (j) Standards of Conduct Applicable to Independent Counsel, 
Persons Serving in the Office of an Independent Counsel, and 
Their Law Firms.--
          (1) Restrictions on employment while independent 
        counsel and appointees are serving.--(A) During the 
        period in which an independent counsel is serving under 
        this chapter--
                  (i) such independent counsel, and
                  (ii) any person associated with a firm with 
                which such independent counsel is associated,
        may not represent in any matter any person involved in 
        any investigation or prosecution under this chapter.
          (B) During the period in which any person appointed 
        by an independent counsel under subsection (c) is 
        serving in the office of independent counsel, such 
        person may not represent in any matter any person 
        involved in any investigation or prosecution under this 
        chapter.
          (2) Post employment restrictions on independent 
        counsel and appointees.--(A) Each independent counsel 
        and each person appointed by that independent counsel 
        under subsection (c) may not, for 3 years following the 
        termination of the service under this chapter of that 
        independent counsel or appointed person, as the case 
        may be, represent any person in any matter if that 
        individual was the subject of an investigation or 
        prosecution under this chapter that was conducted by 
        that independent counsel.
          (B) Each independent counsel and each person 
        appointed by that independent counsel under subsection 
        (c) may not, for 1 year following the termination of 
        the service under this chapter of that independent 
        counsel or appointed person, as the case may be, 
        represent any person in any matter involving any 
        investigation or prosecution under this chapter.
          (3) One-year ban on representation by members of 
        firms of independent counsel.--Any person who is 
        associated with a firm with which an independent 
        counsel is associated or becomes associated after 
        termination of the service of that independent counsel 
        under this chapter may not, for 1 year following such 
        termination, represent any person in any matter 
        involving any investigation or prosecution under this 
        chapter.
          (4) Definitions.--For purposes of this subsection--
                  (A) the term ``firm'' means a law firm 
                whether organized as a partnership or 
                corporation; and
                  (B) a person is ``associated'' with a firm if 
                that person is an officer, director, partner, 
                or other member or employee of that firm.
          (5) Enforcement.--The Attorney General and the 
        Director of the Office of Government Ethics have 
        authority to enforce compliance with this subsection.
  (k) Custody of Records of an Independent Counsel.--
          (1) Transfer of records.--Upon termination of the 
        office of an independent counsel, that independent 
        counsel shall transfer to the Archivist of the United 
        States all records which have been created or received 
        by that office. Before this transfer, the independent 
        counsel shall clearly identify which of these records 
        are subject to rule 6(e) of the Federal Rules of 
        Criminal Procedure as grand jury materials and which of 
        these records have been classified as national security 
        information. Any records which were compiled by an 
        independent counsel and, upon termination of the 
        independent counsel's office, were stored with the 
        division of the court or elsewhere before the enactment 
        of the Independent Counsel Reauthorization Act of 1987, 
        shall also be transferred to the Archivist of the 
        United States by the division of the court or the 
        person in possession of such records.
          (2) Maintenance, use, and disposal of records.--
        Records transferred to the Archivist under this chapter 
        shall be maintained, used, and disposed of in 
        accordance with chapters 21, 29, and 33 of title 44.
          (3) Access to records.--
                  (A) In general.--Subject to paragraph (4), 
                access to the records transferred to the 
                Archivist under this chapter shall be governed 
                by section 552 of title 5.
                  (B) Access by department of justice.--The 
                Archivist shall, upon written application by 
                the Attorney General, disclose any such records 
                to the Department of Justice for purposes of an 
                ongoing law enforcement investigation or court 
                proceeding, except that, in the case of grand 
                jury materials, such records shall be so 
                disclosed only by order of the court of 
                jurisdiction under rule 6(e) of the Federal 
                Rules of Criminal Procedure.
                  (C) Exception.--Notwithstanding any 
                restriction on access imposed by law, the 
                Archivist and persons employed by the National 
                Archives and Records Administration who are 
                engaged in the performance of normal archival 
                work shall be permitted access to the records 
                transferred to the Archivist under this 
                chapter.
          (4) Records provided by congress.--Records of an 
        investigation conducted by a committee of the House of 
        Representatives or the Senate which are provided to an 
        independent counsel to assist in an investigation or 
        prosecution conducted by that independent counsel--
                  (A) shall be maintained as a separate body of 
                records within the records of the independent 
                counsel; and
                  (B) shall, after the records have been 
                transferred to the Archivist under this 
                chapter, be made available, except as provided 
                in paragraph (3)(B) and (C), in accordance with 
                the rules governing release of the records of 
                the House of Congress that provided the records 
                to the independent counsel.
        Subparagraph (B) shall not apply to those records which 
        have been surrendered pursuant to grand jury or court 
        proceedings.
  (l) Cost Controls and Administrative Support.--
          (1) Cost controls.--
                  (A) In general.--An independent counsel 
                shall--
                          (i) conduct all activities with due 
                        regard for expense;
                          (ii) authorize only reasonable and 
                        lawful expenditures; and
                          (iii) promptly, upon taking office, 
                        assign to a specific employee the duty 
                        of certifying that expenditures of the 
                        independent counsel are reasonable and 
                        made in accordance with law.
                  (B) Liability for invalid certification.--An 
                employee making a certification under 
                subparagraph (A)(iii) shall be liable for an 
                invalid certification to the same extent as a 
                certifying official certifying a voucher is 
                liable under section 3528 of title 31.
                  (C) Department of justice policies.--An 
                independent counsel shall comply with the 
                established policies of the Department of 
                Justice respecting expenditures of funds, 
                except to the extent that compliance would be 
                inconsistent with the purposes of this chapter.
          (2) Administrative support.--The Director of the 
        Administrative Office of the United States Courts shall 
        provide administrative support and guidance to each 
        independent counsel. No officer or employee of the 
        Administrative Office of the United States Courts shall 
        disclose information related to an independent 
        counsel's expenditures, personnel, or administrative 
        acts or arrangements without the authorization of the 
        independent counsel.
          (3) Office space.--The Administrator of General 
        Services, in consultation with the Director of the 
        Administrative Office of the United States Courts, 
        shall promptly provide appropriate office space for 
        each independent counsel. Such office space shall be 
        within a Federal building unless the Administrator of 
        General Services determines that other arrangements 
        would cost less. Until such office space is provided, 
        the Administrative Office of the United States Courts 
        shall provide newly appointed independent counsels 
        immediately upon appointment with appropriate, 
        temporary office space, equipment, and supplies.

           *       *       *       *       *       *       *


Sec. 596. Removal of an independent counsel; termination of office

  (a) Removal; Report on Removal.--
          (1) Grounds for removal.--An independent counsel 
        appointed under this chapter may be removed from 
        office, other than by impeachment and conviction, only 
        by the personal action of the Attorney General and only 
        for good cause, physical or mental disability (if not 
        prohibited by law protecting persons from 
        discrimination on the basis of such a disability),, or 
        any other condition that substantially impairs the 
        performance of such independent counsel's duties.
          (2) Report to division of the court and congress.--If 
        an independent counsel is removed from office, the 
        Attorney General shall promptly submit to the division 
        of the court and the Committees on the Judiciary of the 
        Senate and the House of Representatives a report 
        specifying the facts found and the ultimate grounds for 
        such removal. The committees shall make available to 
        the public such report, except that each committee may, 
        if necessary to protect the rights of any individual 
        named in the report or to prevent undue interference 
        with any pending prosecution, postpone or refrain from 
        publishing any or all of the report. The division of 
        the court may release any or all of such report in 
        accordance with section 594(h)(2).
          (3) Judicial review of removal.--An independent 
        counsel removed from office may obtain judicial review 
        of the removal in a civil action commenced in the 
        United States District Court for [the District of 
        Columbia] Washington, Douglass Commonwealth and the 
        Capital. A member of the division of the court may not 
        hear or determine any such civil action or any appeal 
        of a decision in any such civil action. The independent 
        counsel may be reinstated or granted other appropriate 
        relief by order of the court.
  (b) Termination of Office.--
          (1) Termination by action of independent counsel.--An 
        office of independent counsel shall terminate when--
                  (A) the independent counsel notifies the 
                Attorney General that the investigation of all 
                matters within the prosecutorial jurisdiction 
                of such independent counsel or accepted by such 
                independent counsel under section 594(e), and 
                any resulting prosecutions, have been completed 
                or so substantially completed that it would be 
                appropriate for the Department of Justice to 
                complete such investigations and prosecutions; 
                and
                  (B) the independent counsel files a final 
                report in compliance with section 594(h)(1)(B).
          (2) Termination by division of the court.--The 
        division of the court, either on its own motion or upon 
        the request of the Attorney General, may terminate an 
        office of independent counsel at any time, on the 
        ground that the investigation of all matters within the 
        prosecutorial jurisdiction of such independent counsel 
        or accepted by such independent counsel under section 
        594(e), and any resulting prosecutions, have been 
        completed or so substantially completed that it would 
        be appropriate for the Department of Justice to 
        complete such investigations and prosecutions. At the 
        time of such termination, the independent counsel shall 
        file the final report required by section 594(h)(1)(B). 
        If the Attorney General has not made a request under 
        this paragraph, the division of the court shall 
        determine on its own motion whether termination is 
        appropriate under this paragraph no later than 2 years 
        after the appointment of an independent counsel, at the 
        end of the succeeding 2-year period, and thereafter at 
        the end of each succeeding 1-year period.
  (c) Audits.--(1) On or before June 30 of each year, an 
independent counsel shall prepare a statement of expenditures 
for the 6 months that ended on the immediately preceding March 
31. On or before December 31 of each year, an independent 
counsel shall prepare a statement of expenditures for the 
fiscal year that ended on the immediately preceding September 
30. An independent counsel whose office is terminated prior to 
the end of the fiscal year shall prepare a statement of 
expenditures on or before the date that is 90 days after the 
date on which the office is terminated.
  (2) The Comptroller General shall--
          (A) conduct a financial review of a mid-year 
        statement and a financial audit of a year-end statement 
        and statement on termination; and
          (B) report the results to the Committee on the 
        Judiciary, Committee on Governmental Affairs, and 
        Committee on Appropriations of the Senate and the 
        Committee on the Judiciary, Committee on Government 
        Operations, and Committee on Appropriations of the 
        House of Representatives not later than 90 days 
        following the submission of each such statement.

           *       *       *       *       *       *       *


PART III--COURT OFFICERS AND EMPLOYEES

           *       *       *       *       *       *       *


CHAPTER 49--DISTRICT COURTS

           *       *       *       *       *       *       *


Sec. 751. Clerks

  (a) Each district court may appoint a clerk who shall be 
subject to removal by the court.
  (b) The clerk may appoint, with the approval of the court, 
necessary deputies, clerical assistants and employees in such 
number as may be approved by the Director of the Administrative 
Office of the United States Courts. Such deputies, clerical 
assistants and employees shall be subject to removal by the 
clerk with the approval of the court.
  (c) The clerk of each district court shall reside in the 
district for which he is appointed, except that the clerk of 
the district court for [the District of Columbia and] the 
Southern District of New York may reside within twenty miles 
thereof. The district court may designate places within the 
district for the offices of the clerk and his deputies, and 
their official stations.
  (d) A clerk of a district court or his deputy or assistant 
shall not receive any compensation or emoluments through any 
office or position to which he is appointed by the court, other 
than that received as such clerk, deputy or assistant, whether 
from the United States or from private litigants.
  This subsection shall not apply to clerks or deputy clerks 
appointed as United States magistrate judges pursuant to 
section 631 of this title.
  (e) The clerk of each district court shall pay into the 
Treasury all fees, costs and other moneys collected by him, 
except naturalization fees listed in section 742 of Title 8 and 
uncollected fees not required by Act of Congress to be prepaid.
  He shall make returns thereof to the Director of the 
Administrative Office of the United States Courts under 
regulations prescribed by him.
  (f) When the Court of International Trade is sitting in a 
judicial district, other than the Southern District or Eastern 
District of New York, the clerk of the district court of such 
judicial district or an authorized deputy clerk, upon the 
request of the chief judge of the Court of International Trade 
and with the approval of such district court, shall act in the 
district as clerk of the Court of International Trade, as 
prescribed by the rules and orders of the Court of 
International Trade for all purposes relating to the civil 
action then pending before such court.

           *       *       *       *       *       *       *


CHAPTER 51--UNITED STATES COURT OF FEDERAL CLAIMS

           *       *       *       *       *       *       *


Sec. 798. Places of holding court; appointment of special masters

  (a) The United States Court of Federal Claims is authorized 
to use facilities and hold court in [Washington, District of 
Columbia] the Capital, and throughout the United States 
(including its territories and possessions) as necessary for 
compliance with sections 173 and 2503(c) of this title. The 
facilities of the Federal courts, as well as other comparable 
facilities administered by the General Services Administration, 
shall be made available for trials and other proceedings 
outside of [the District of Columbia] the Capital.
  (b) Upon application of a party or upon the judge's own 
initiative, and upon a showing that the interests of economy, 
efficiency, and justice will be served, the chief judge of the 
Court of Federal Claims may issue an order authorizing a judge 
of the court to conduct proceedings, including evidentiary 
hearings and trials, in a foreign country whose laws do not 
prohibit such proceedings, except that an interlocutory appeal 
may be taken from such an order pursuant to section 1292(d)(2) 
of this title, and the United States Court of Appeals for the 
Federal Circuit may, in its discretion, consider the appeal.
  (c) The chief judge of the Court of Federal Claims may 
appoint special masters to assist the court in carrying out its 
functions. Any special masters so appointed shall carry out 
their responsibilities and be compensated in accordance with 
procedures set forth in the rules of the court.

           *       *       *       *       *       *       *


PART IV--JURISDICTION AND VENUE

           *       *       *       *       *       *       *


CHAPTER 85--DISTRICT COURTS; JURISDICTION

           *       *       *       *       *       *       *


Sec. 1346. United States as defendant

  (a) The district courts shall have original jurisdiction, 
concurrent with the United States Court of Federal Claims, of:
          (1) Any civil action against the United States for 
        the recovery of any internal-revenue tax alleged to 
        have been erroneously or illegally assessed or 
        collected, or any penalty claimed to have been 
        collected without authority or any sum alleged to have 
        been excessive or in any manner wrongfully collected 
        under the internal-revenue laws;
          (2) Any other civil action or claim against the 
        United States, not exceeding $10,000 in amount, founded 
        either upon the Constitution, or any Act of Congress, 
        or any regulation of an executive department, or upon 
        any express or implied contract with the United States, 
        or for liquidated or unliquidated damages in cases not 
        sounding in tort, except that the district courts shall 
        not have jurisdiction of any civil action or claim 
        against the United States founded upon any express or 
        implied contract with the United States or for 
        liquidated or unliquidated damages in cases not 
        sounding in tort which are subject to sections 
        7104(b)(1) and 7107(a)(1) of title 41. For the purpose 
        of this paragraph, an express or implied contract with 
        the Army and Air Force Exchange Service, Navy 
        Exchanges, Marine Corps Exchanges, Coast Guard 
        Exchanges, or Exchange Councils of the National 
        Aeronautics and Space Administration shall be 
        considered an express or implied contract with the 
        United States.
  (b)(1) Subject to the provisions of chapter 171 of this 
title, the district courts, together with the United States 
District Court for the District of the Canal Zone and the 
District Court of the Virgin Islands, shall have exclusive 
jurisdiction of civil actions on claims against the United 
States, for money damages, accruing on and after January 1, 
1945, for injury or loss of property, or personal injury or 
death caused by the negligent or wrongful act or omission of 
any employee of the Government while acting within the scope of 
his office or employment, under circumstances where the United 
States, if a private person, would be liable to the claimant in 
accordance with the law of the place where the act or omission 
occurred.
  (2) No person convicted of a felony who is incarcerated while 
awaiting sentencing or while serving a sentence may bring a 
civil action against the United States or an agency, officer, 
or employee of the Government, for mental or emotional injury 
suffered while in custody without a prior showing of physical 
injury or the commission of a sexual act (as defined in section 
2246 of title 18).
  (c) The jurisdiction conferred by this section includes 
jurisdiction of any set-off, counterclaim, or other claim or 
demand whatever on the part of the United States against any 
plaintiff commencing an action under this section.
  (d) The district courts shall not have jurisdiction under 
this section of any civil action or claim for a pension.
  (e) The district courts shall have original jurisdiction of 
any civil action against the United States provided in section 
6226, 6228(a), 7426, or 7428 (in the case of the United States 
district court for [the District of Columbia] Washington, 
Douglass Commonwealth and the Capital) or section 7429 of the 
Internal Revenue Code of 1986.
  (f) The district courts shall have exclusive original 
jurisdiction of civil actions under section 2409a to quiet 
title to an estate or interest in real property in which an 
interest is claimed by the United States.
  (g) Subject to the provisions of chapter 179, the district 
courts of the United States shall have exclusive jurisdiction 
over any civil action commenced under section 453(2) of title 
3, by a covered employee under chapter 5 of such title.

           *       *       *       *       *       *       *


Sec. 1355. Fine, penalty or forfeiture

  (a) The district courts shall have original jurisdiction, 
exclusive of the courts of the States, of any action or 
proceeding for the recovery or enforcement of any fine, 
penalty, or forfeiture, pecuniary or otherwise, incurred under 
any Act of Congress, except matters within the jurisdiction of 
the Court of International Trade under section 1582 of this 
title.
  (b)(1) A forfeiture action or proceeding may be brought in--
          (A) the district court for the district in which any 
        of the acts or omissions giving rise to the forfeiture 
        occurred, or
          (B) any other district where venue for the forfeiture 
        action or proceeding is specifically provided for in 
        section 1395 of this title or any other statute.
  (2) Whenever property subject to forfeiture under the laws of 
the United States is located in a foreign country, or has been 
detained or seized pursuant to legal process or competent 
authority of a foreign government, an action or proceeding for 
forfeiture may be brought as provided in paragraph (1), or in 
the United States District court for [the District of Columbia] 
Washington, Douglass Commonwealth and the Capital.
  (c) In any case in which a final order disposing of property 
in a civil forfeiture action or proceeding is appealed, removal 
of the property by the prevailing party shall not deprive the 
court of jurisdiction. Upon motion of the appealing party, the 
district court or the court of appeals shall issue any order 
necessary to preserve the right of the appealing party to the 
full value of the property at issue, including a stay of the 
judgment of the district court pending appeal or requiring the 
prevailing party to post an appeal bond.
  (d) Any court with jurisdiction over a forfeiture action 
pursuant to subsection (b) may issue and cause to be served in 
any other district such process as may be required to bring 
before the court the property that is the subject of the 
forfeiture action.

           *       *       *       *       *       *       *


CHAPTER 87--DISTRICT COURTS; VENUE

           *       *       *       *       *       *       *


Sec. 1391. Venue generally

  (a) Applicability of Section.--Except as otherwise provided 
by law--
          (1) this section shall govern the venue of all civil 
        actions brought in district courts of the United 
        States; and
          (2) the proper venue for a civil action shall be 
        determined without regard to whether the action is 
        local or transitory in nature.
  (b) Venue in General.--A civil action may be brought in--
          (1) a judicial district in which any defendant 
        resides, if all defendants are residents of the State 
        in which the district is located;
          (2) a judicial district in which a substantial part 
        of the events or omissions giving rise to the claim 
        occurred, or a substantial part of property that is the 
        subject of the action is situated; or
          (3) if there is no district in which an action may 
        otherwise be brought as provided in this section, any 
        judicial district in which any defendant is subject to 
        the court's personal jurisdiction with respect to such 
        action.
  (c) Residency.--For all venue purposes--
          (1) a natural person, including an alien lawfully 
        admitted for permanent residence in the United States, 
        shall be deemed to reside in the judicial district in 
        which that person is domiciled;
          (2) an entity with the capacity to sue and be sued in 
        its common name under applicable law, whether or not 
        incorporated, shall be deemed to reside, if a 
        defendant, in any judicial district in which such 
        defendant is subject to the court's personal 
        jurisdiction with respect to the civil action in 
        question and, if a plaintiff, only in the judicial 
        district in which it maintains its principal place of 
        business; and
          (3) a defendant not resident in the United States may 
        be sued in any judicial district, and the joinder of 
        such a defendant shall be disregarded in determining 
        where the action may be brought with respect to other 
        defendants.
  (d) Residency of Corporations in States With Multiple 
Districts.--For purposes of venue under this chapter, in a 
State which has more than one judicial district and in which a 
defendant that is a corporation is subject to personal 
jurisdiction at the time an action is commenced, such 
corporation shall be deemed to reside in any district in that 
State within which its contacts would be sufficient to subject 
it to personal jurisdiction if that district were a separate 
State, and, if there is no such district, the corporation shall 
be deemed to reside in the district within which it has the 
most significant contacts.
  (e) Actions Where Defendant Is Officer or Employee of the 
United States.--
          (1) In general.--A civil action in which a defendant 
        is an officer or employee of the United States or any 
        agency thereof acting in his official capacity or under 
        color of legal authority, or an agency of the United 
        States, or the United States, may, except as otherwise 
        provided by law, be brought in any judicial district in 
        which (A) a defendant in the action resides, (B) a 
        substantial part of the events or omissions giving rise 
        to the claim occurred, or a substantial part of 
        property that is the subject of the action is situated, 
        or (C) the plaintiff resides if no real property is 
        involved in the action. Additional persons may be 
        joined as parties to any such action in accordance with 
        the Federal Rules of Civil Procedure and with such 
        other venue requirements as would be applicable if the 
        United States or one of its officers, employees, or 
        agencies were not a party.
          (2) Service.--The summons and complaint in such an 
        action shall be served as provided by the Federal Rules 
        of Civil Procedure except that the delivery of the 
        summons and complaint to the officer or agency as 
        required by the rules may be made by certified mail 
        beyond the territorial limits of the district in which 
        the action is brought.
  (f) Civil Actions Against a Foreign State.--A civil action 
against a foreign state as defined in section 1603(a) of this 
title may be brought--
          (1) in any judicial district in which a substantial 
        part of the events or omissions giving rise to the 
        claim occurred, or a substantial part of property that 
        is the subject of the action is situated;
          (2) in any judicial district in which the vessel or 
        cargo of a foreign state is situated, if the claim is 
        asserted under section 1605(b) of this title;
          (3) in any judicial district in which the agency or 
        instrumentality is licensed to do business or is doing 
        business, if the action is brought against an agency or 
        instrumentality of a foreign state as defined in 
        section 1603(b) of this title; or
          (4) in the United States District Court for [the 
        District of Columbia] Washington, Douglass Commonwealth 
        and the Capital if the action is brought against a 
        foreign state or political subdivision thereof.
  (g) Multiparty, Multiforum Litigation.--A civil action in 
which jurisdiction of the district court is based upon section 
1369 of this title may be brought in any district in which any 
defendant resides or in which a substantial part of the 
accident giving rise to the action took place.

           *       *       *       *       *       *       *


Sec. 1402. United States as defendant

  (a) Any civil action in a district court against the United 
States under subsection (a) of section 1346 of this title may 
be prosecuted only:
  (1) Except as provided in paragraph (2), in the judicial 
district where the plaintiff resides;
  (2) In the case of a civil action by a corporation under 
paragraph (1) of subsection (a) of section 1346, in the 
judicial district in which is located the principal place of 
business or principal office or agency of the corporation; or 
if it has no principal place of business or principal office or 
agency in any judicial district (A) in the judicial district in 
which is located the office to which was made the return of the 
tax in respect of which the claim is made, or (B) if no return 
was made, in the judicial district in which lies [the District 
of Columbia] Washington, Douglass Commonwealth and the Capital. 
Notwithstanding the foregoing provisions of this paragraph a 
district court, for the convenience of the parties and 
witnesses, in the interest of justice, may transfer any such 
action to any other district or division.
  (b) Any civil action on a tort claim against the United 
States under subsection (b) of section 1346 of this title may 
be prosecuted only in the judicial district where the plaintiff 
resides or wherein the act or omission complained of occurred.
  (c) Any civil action against the United States under 
subsection (e) of section 1346 of this title may be prosecuted 
only in the judicial district where the property is situated at 
the time of levy, or if no levy is made, in the judicial 
district in which the event occurred which gave rise to the 
cause of action.
  (d) Any civil action under section 2409a to quiet title to an 
estate or interest in real property in which an interest is 
claimed by the United States shall be brought in the district 
court of the district where the property is located or, if 
located in different districts, in any of such districts.

           *       *       *       *       *       *       *


Sec. 1413. Venue of cases under chapter 5 of title 3

  Notwithstanding the preceding provisions of this chapter, a 
civil action under section 1346(g) may be brought in the United 
States district court for the district in which the employee is 
employed or in the United States District Court for [the 
District of Columbia] Washington, Douglass Commonwealth and the 
Capital.

           *       *       *       *       *       *       *


CHAPTER 97--JURISDICTIONAL IMMUNITIES OF FOREIGN STATES

           *       *       *       *       *       *       *


Sec. 1608. Service; time to answer; default

  (a) Service in the courts of the United States and of the 
States shall be made upon a foreign state or political 
subdivision of a foreign state:
          (1) by delivery of a copy of the summons and 
        complaint in accordance with any special arrangement 
        for service between the plaintiff and the foreign state 
        or political subdivision; or
          (2) if no special arrangement exists, by delivery of 
        a copy of the summons and complaint in accordance with 
        an applicable international convention on service of 
        judicial documents; or
          (3) if service cannot be made under paragraphs (1) or 
        (2), by sending a copy of the summons and complaint and 
        a notice of suit, together with a translation of each 
        into the official language of the foreign state, by any 
        form of mail requiring a signed receipt, to be 
        addressed and dispatched by the clerk of the court to 
        the head of the ministry of foreign affairs of the 
        foreign state concerned, or
          (4) if service cannot be made within 30 days under 
        paragraph (3), by sending two copies of the summons and 
        complaint and a notice of suit, together with a 
        translation of each into the official language of the 
        foreign state, by any form of mail requiring a signed 
        receipt, to be addressed and dispatched by the clerk of 
        the court to the Secretary of State in [Washington, 
        District of Columbia] the Capital, to the attention of 
        the Director of Special Consular Services--and the 
        Secretary shall transmit one copy of the papers through 
        diplomatic channels to the foreign state and shall send 
        to the clerk of the court a certified copy of the 
        diplomatic note indicating when the papers were 
        transmitted.
As used in this subsection, a ``notice of suit'' shall mean a 
notice addressed to a foreign state and in a form prescribed by 
the Secretary of State by regulation.
  (b) Service in the courts of the United States and of the 
States shall be made upon an agency or instrumentality of a 
foreign state:
          (1) by delivery of a copy of the summons and 
        complaint in accordance with any special arrangement 
        for service between the plaintiff and the agency or 
        instrumentality; or
          (2) if no special arrangement exists, by delivery of 
        a copy of the summons and complaint either to an 
        officer, a managing or general agent, or to any other 
        agent authorized by appointment or by law to receive 
        service of process in the United States; or in 
        accordance with an applicable international convention 
        on service of judicial documents; or
          (3) if service cannot be made under paragraphs (1) or 
        (2), and if reasonably calculated to give actual 
        notice, by delivery of a copy of the summons and 
        complaint, together with a translation of each into the 
        official language of the foreign state--
                  (A) as directed by an authority of the 
                foreign state or political subdivision in 
                response to a letter rogatory or request or
                  (B) by any form of mail requiring a signed 
                receipt, to be addressed and dispatched by the 
                clerk of the court to the agency or 
                instrumentality to be served, or
                  (C) as directed by order of the court 
                consistent with the law of the place where 
                service is to be made.
  (c) Service shall be deemed to have been made--
          (1) in the case of service under subsection (a)(4), 
        as of the date of transmittal indicated in the 
        certified copy of the diplomatic note; and
          (2) in any other case under this section, as of the 
        date of receipt indicated in the certification, signed 
        and returned postal receipt, or other proof of service 
        applicable to the method of service employed.
  (d) In any action brought in a court of the United States or 
of a State, a foreign state, a political subdivision thereof, 
or an agency or instrumentality of a foreign state shall serve 
an answer or other responsive pleading to the complaint within 
sixty days after service has been made under this section.
  (e) No judgment by default shall be entered by a court of the 
United States or of a State against a foreign state, a 
political subdivision thereof, or an agency or instrumentality 
of a foreign state, unless the claimant establishes his claim 
or right to relief by evidence satisfactory to the court. A 
copy of any such default judgment shall be sent to the foreign 
state or political subdivision in the manner prescribed for 
service in this section.

PART VI--PARTICULAR PROCEEDINGS

           *       *       *       *       *       *       *


CHAPTER 154--SPECIAL HABEAS CORPUS PROCEDURES IN CAPITAL CASES

           *       *       *       *       *       *       *


Sec. 2265. Certification and judicial review

  (a) Certification.--
          (1) In general.--If requested by an appropriate State 
        official, the Attorney General of the United States 
        shall determine--
                  (A) whether the State has established a 
                mechanism for the appointment, compensation, 
                and payment of reasonable litigation expenses 
                of competent counsel in State postconviction 
                proceedings brought by indigent prisoners who 
                have been sentenced to death;
                  (B) the date on which the mechanism described 
                in subparagraph (A) was established; and
                  (C) whether the State provides standards of 
                competency for the appointment of counsel in 
                proceedings described in subparagraph (A).
          (2) Effective date.--The date the mechanism described 
        in paragraph (1)(A) was established shall be the 
        effective date of the certification under this 
        subsection.
          (3) Only express requirements.--There are no 
        requirements for certification or for application of 
        this chapter other than those expressly stated in this 
        chapter.
  (b) Regulations.--The Attorney General shall promulgate 
regulations to implement the certification procedure under 
subsection (a).
  (c) Review of Certification.--
          (1) In general.--The determination by the Attorney 
        General regarding whether to certify a State under this 
        section is subject to review exclusively as provided 
        under chapter 158 of this title.
          (2) Venue.--The Court of Appeals for [the District of 
        Columbia Circuit] the Capital Circuit shall have 
        exclusive jurisdiction over matters under paragraph 
        (1), subject to review by the Supreme Court under 
        section 2350 of this title.
          (3) Standard of review.--The determination by the 
        Attorney General regarding whether to certify a State 
        under this section shall be subject to de novo review.

           *       *       *       *       *       *       *


CHAPTER 158--ORDERS OF FEDERAL AGENCIES; REVIEW

           *       *       *       *       *       *       *


Sec. 2343. Venue

  The venue of a proceeding under this chapter is in the 
judicial circuit in which the petitioner resides or has its 
principal office, or in the United States Court of Appeals for 
[the District of Columbia Circuit] the Capital Circuit.

           *       *       *       *       *       *       *


CHAPTER 161--UNITED STATES AS PARTY GENERALLY

           *       *       *       *       *       *       *


Sec. 2410. Actions affecting property on which United States has lien

  (a) Under the conditions prescribed in this section and 
section 1444 of this title for the protection of the United 
States, the United States may be named a party in any civil 
action or suit in any district court, or in any State court 
having jurisdiction of the subject matter--
          (1) to quiet title to,
          (2) to foreclose a mortgage or other lien upon,
          (3) to partition,
          (4) to condemn, or
          (5) of interpleader or in the nature of interpleader 
        with respect to,
real or personal property on which the United States has or 
claims a mortgage or other lien.
  (b) The complaint or pleading shall set forth with 
particularity the nature of the interest or lien of the United 
States. In actions or suits involving liens arising under the 
internal revenue laws, the complaint or pleading shall include 
the name and address of the taxpayer whose liability created 
the lien and, if a notice of the tax lien was filed, the 
identity of the internal revenue office which filed the notice, 
and the date and place such notice of lien was filed. In 
actions in the State courts service upon the United States 
shall be made by serving the process of the court with a copy 
of the complaint upon the United States attorney for the 
district in which the action is brought or upon an assistant 
United States attorney or clerical employee designated by the 
United States attorney in writing filed with the clerk of the 
court in which the action is brought and by sending copies of 
the process and complaint, by registered mail, or by certified 
mail, to the Attorney General of the United States at 
[Washington, District of Columbia] the Capital. In such actions 
the United States may appear and answer, plead or demur within 
sixty days after such service or such further time as the court 
may allow.
  (c) A judgment or decree in such action or suit shall have 
the same effect respecting the discharge of the property from 
the mortgage or other lien held by the United States as may be 
provided with respect to such matters by the local law of the 
place where the court is situated. However, an action to 
foreclose a mortgage or other lien, naming the United States as 
a party under this section, must seek judicial sale. A sale to 
satisfy a lien inferior to one of the United States shall be 
made subject to and without disturbing the lien of the United 
States, unless the United States consents that the property may 
be sold free of its lien and the proceeds divided as the 
parties may be entitled. Where a sale of real estate is made to 
satisfy a lien prior to that of the United States, the United 
States shall have one year from the date of sale within which 
to redeem, except that with respect to a lien arising under the 
internal revenue laws the period shall be 120 days or the 
period allowable for redemption under State law, whichever is 
longer, and in any case in which, under the provisions of 
section 505 of the Housing Act of 1950, as amended (12 U.S.C. 
1701k), and subsection (d) of section 3720 of title 38 of the 
United States Code, the right to redeem does not arise, there 
shall be no right of redemption. In any case where the debt 
owing the United States is due, the United States may ask, by 
way of affirmative relief, for the foreclosure of its own lien 
and where property is sold to satisfy a first lien held by the 
United States, the United States may bid at the sale such sum, 
not exceeding the amount of its claim with expenses of sale, as 
may be directed by the head (or his delegate) of the department 
or agency of the United States which has charge of the 
administration of the laws in respect to which the claim of the 
United States arises. In any case where the United States is a 
bidder at the judicial sale, it may credit the amount 
determined to be due it against the amount it bids at such 
sales.
  (d) In any case in which the United States redeems real 
property under this section or section 7425 of the Internal 
Revenue Code of 1986, the amount to be paid for such property 
shall be the sum of--
          (1) the actual amount paid by the purchaser at such 
        sale (which, in the case of a purchaser who is the 
        holder of the lien being foreclosed, shall include the 
        amount of the obligation secured by such lien to the 
        extent satisfied by reason of such sale),
          (2) interest on the amount paid (as determined under 
        paragraph (1)) at 6 percent per annum from the date of 
        such sale, and
          (3) the amount (if any) equal to the excess of (A) 
        the expenses necessarily incurred in connection with 
        such property, over (B) the income from such property 
        plus (to the extent such property is used by the 
        purchaser) a reasonable rental value of such property.
  (e) Whenever any person has a lien upon any real or personal 
property, duly recorded in the jurisdiction in which the 
property is located, and a junior lien, other than a tax lien, 
in favor of the United States attaches to such property, such 
person may make a written request to the officer charged with 
the administration of the laws in respect of which the lien of 
the United States arises, to have the same extinguished. If 
after appropriate investigation, it appears to such officer 
that the proceeds from the sale of the property would be 
insufficient to wholly or partly satisfy the lien of the United 
States, or that the claim of the United States has been 
satisfied or by lapse of time or otherwise has become 
unenforceable, such officer may issue a certificate releasing 
the property from such lien.

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CHAPTER 163--FINES, PENALTIES AND FORFEITURES

           *       *       *       *       *       *       *


Sec. 2467. Enforcement of foreign judgment

  (a) Definitions.--In this section--
          (1) the term ``foreign nation'' means a country that 
        has become a party to the United Nations Convention 
        Against Illicit Traffic in Narcotic Drugs and 
        Psychotropic Substances (referred to in this section as 
        the ``United Nations Convention'') or a foreign 
        jurisdiction with which the United States has a treaty 
        or other formal international agreement in effect 
        providing for mutual forfeiture assistance; and
          (2) the term ``forfeiture or confiscation judgment'' 
        means a final order of a foreign nation compelling a 
        person or entity--
                  (A) to pay a sum of money representing the 
                proceeds of an offense described in Article 3, 
                Paragraph 1, of the United Nations Convention, 
                any violation of foreign law that would 
                constitute a violation or an offense for which 
                property could be forfeited under Federal law 
                if the offense were committed in the United 
                States, or any foreign offense described in 
                section 1956(c)(7)(B) of title 18, or property 
                the value of which corresponds to such 
                proceeds; or
                  (B) to forfeit property involved in or 
                traceable to the commission of such offense.
  (b) Review by Attorney General.--
          (1) In general.--A foreign nation seeking to have a 
        forfeiture or confiscation judgment registered and 
        enforced by a district court of the United States under 
        this section shall first submit a request to the 
        Attorney General or the designee of the Attorney 
        General, which request shall include--
                  (A) a summary of the facts of the case and a 
                description of the proceedings that resulted in 
                the forfeiture or confiscation judgment;
                  (B) certified copy of the forfeiture or 
                confiscation judgment;
                  (C) an affidavit or sworn declaration 
                establishing that the foreign nation took 
                steps, in accordance with the principles of due 
                process, to give notice of the proceedings to 
                all persons with an interest in the property in 
                sufficient time to enable such persons to 
                defend against the charges and that the 
                judgment rendered is in force and is not 
                subject to appeal; and
                  (D) such additional information and evidence 
                as may be required by the Attorney General or 
                the designee of the Attorney General.
          (2) Certification of request.--The Attorney General 
        or the designee of the Attorney General shall determine 
        whether, in the interest of justice, to certify the 
        request, and such decision shall be final and not 
        subject to either judicial review or review under 
        subchapter II of chapter 5, or chapter 7, of title 5 
        (commonly known as the ``Administrative Procedure 
        Act'').
  (c) Jurisdiction and Venue.--
          (1) In general.--If the Attorney General or the 
        designee of the Attorney General certifies a request 
        under subsection (b), the United States may file an 
        application on behalf of a foreign nation in district 
        court of the United States seeking to enforce the 
        foreign forfeiture or confiscation judgment as if the 
        judgment had been entered by a court in the United 
        States.
          (2) Proceedings.--In a proceeding filed under 
        paragraph (1)--
                  (A) the United States shall be the applicant 
                and the defendant or another person or entity 
                affected by the forfeiture or confiscation 
                judgment shall be the respondent;
                  (B) venue shall lie in the district court for 
                [the District of Columbia] Washington, Douglass 
                Commonwealth and the Capital or in any other 
                district in which the defendant or the property 
                that may be the basis for satisfaction of a 
                judgment under this section may be found; and
                  (C) the district court shall have personal 
                jurisdiction over a defendant residing outside 
                of the United States if the defendant is served 
                with process in accordance with rule 4 of the 
                Federal Rules of Civil Procedure.
  (d) Entry and Enforcement of Judgment.--
          (1) In general.--The district court shall enter such 
        orders as may be necessary to enforce the judgment on 
        behalf of the foreign nation unless the court finds 
        that--
                  (A) the judgment was rendered under a system 
                that provides tribunals or procedures 
                incompatible with the requirements of due 
                process of law;
                  (B) the foreign court lacked personal 
                jurisdiction over the defendant;
                  (C) the foreign court lacked jurisdiction 
                over the subject matter;
                  (D) the foreign nation did not take steps, in 
                accordance with the principles of due process, 
                to give notice of the proceedings to a person 
                with an interest in the property of the 
                proceedings in sufficient time to enable him or 
                her to defend; or
                  (E) the judgment was obtained by fraud.
          (2) Process.--Process to enforce a judgment under 
        this section shall be in accordance with rule 69(a) of 
        the Federal Rules of Civil Procedure.
          (3) Preservation of property.--
                  (A) Restraining orders.--
                          (i) In general.--To preserve the 
                        availability of property subject to 
                        civil or criminal forfeiture under 
                        foreign law, the Government may apply 
                        for, and the court may issue, a 
                        restraining order at any time before or 
                        after the initiation of forfeiture 
                        proceedings by a foreign nation.
                          (ii) Procedures.--
                                  (I) In general.--A 
                                restraining order under this 
                                subparagraph shall be issued in 
                                a manner consistent with 
                                subparagraphs (A), (C), and (E) 
                                of paragraph (1) and the 
                                procedural due process 
                                protections for a restraining 
                                order under section 983(j) of 
                                title 18.
                                  (II) Application.--For 
                                purposes of applying such 
                                section 983(j)--
                                          (aa) references in 
                                        such section 983(j) to 
                                        civil forfeiture or the 
                                        filing of a complaint 
                                        shall be deemed to 
                                        refer to the applicable 
                                        foreign criminal or 
                                        forfeiture proceedings; 
                                        and
                                          (bb) the reference in 
                                        paragraph (1)(B)(i) of 
                                        such section 983(j) to 
                                        the United States shall 
                                        be deemed to refer to 
                                        the foreign nation.
                  (B) Evidence.--The court, in issuing a 
                restraining order under subparagraph (A)--
                          (i) may rely on information set forth 
                        in an affidavit describing the nature 
                        of the proceeding or investigation 
                        underway in the foreign country, and 
                        setting forth a reasonable basis to 
                        believe that the property to be 
                        restrained will be named in a judgment 
                        of forfeiture at the conclusion of such 
                        proceeding; or
                          (ii) may register and enforce a 
                        restraining order that has been issued 
                        by a court of competent jurisdiction in 
                        the foreign country and certified by 
                        the Attorney General pursuant to 
                        subsection (b)(2).
                  (C) Limit on grounds for objection.--No 
                person may object to a restraining order under 
                subparagraph (A) on any ground that is the 
                subject of parallel litigation involving the 
                same property that is pending in a foreign 
                court.
  (e) Finality of Foreign Findings.--In entering orders to 
enforce the judgment, the court shall be bound by the findings 
of fact to the extent that they are stated in the foreign 
forfeiture or confiscation judgment.
  (f) Currency Conversion.--The rate of exchange in effect at 
the time the suit to enforce is filed by the foreign nation 
shall be used in calculating the amount stated in any 
forfeiture or confiscation judgment requiring the payment of a 
sum of money submitted for registration.

           *       *       *       *       *       *       *

                              ----------                              


TITLE 18, UNITED STATES CODE

           *       *       *       *       *       *       *


PART II--CRIMINAL PROCEDURE

           *       *       *       *       *       *       *


CHAPTER 207--RELEASE AND DETENTION PENDING JUDICIAL PROCEEDINGS

           *       *       *       *       *       *       *


Sec. 3152. Establishment of pretrial services

  (a) On and after the date of the enactment of the Pretrial 
Services Act of 1982, the Director of the Administrative Office 
of the United States Courts (hereinafter in this chapter 
referred to as the ``Director'') shall, under the supervision 
and direction of the Judicial Conference of the United States, 
provide directly, or by contract or otherwise (to such extent 
and in such amounts as are provided in appropriation Acts), for 
the establishment of pretrial services in each judicial 
district [(other than the District of Columbia)] (subject to 
subsection (d), other than the District of Columbia). Pretrial 
services established under this section shall be supervised by 
a chief probation officer appointed under section 3654 of this 
title or by a chief pretrial services officer selected under 
subsection (c) of this section.
  (b) Beginning eighteen months after the date of the enactment 
of the Pretrial Services Act of 1982, if an appropriate United 
States district court and the circuit judicial council jointly 
recommend the establishment under this subsection of pretrial 
services in a particular district, pretrial services shall be 
established under the general authority of the Administrative 
Office of the United States Courts.
  (c) The pretrial services established under subsection (b) of 
this section shall be supervised by a chief pretrial services 
officer appointed by the district court. The chief pretrial 
services officer appointed under this subsection shall be an 
individual other than one serving under authority of section 
3602 of this title.
  (d) In the case of the judicial district of Washington, 
Douglass Commonwealth and the Capital--
          (1) upon the admission of the State of Washington, 
        Douglass Commonwealth into the Union, the Washington, 
        Douglass Commonwealth Pretrial Services Agency shall 
        continue to provide pretrial services in the judicial 
        district in the same manner and to the same extent as 
        the District of Columbia Pretrial Services Agency 
        provided such services in the judicial district of the 
        District of Columbia as of the day before the date of 
        the admission of the State into the Union; and
          (2) upon the receipt by the President of the 
        certification from the State of Washington, Douglass 
        Commonwealth under section 315(b)(4) of the Washington, 
        D.C. Admission Act that the State has in effect laws 
        providing for the State to provide pre-trial services, 
        paragraph (1) shall no longer apply, and the Director 
        shall provide for the establishment of pretrial 
        services in the judicial district under this section.

           *       *       *       *       *       *       *

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                   DISTRICT OF COLUMBIA DELEGATE ACT

TITLE II--DISTRICT OF COLUMBIA DELEGATE TO THE HOUSE OF REPRESENTATIVES

                              SHORT TITLE

    Sec. 201. This title may be cited as the ``District of 
Columbia Delegate Act''.

               [DELEGATE TO THE HOUSE OF REPRESENTATIVES

    [Sec. 202. (a) The people of the District of Columbia shall 
be represented in the House of Representatives by a Delegate, 
to be known as the ``Delegate to the House of Representatives 
from the District of Columbia'', who shall be elected by the 
voters of the District of Columbia in accordance with the 
District of Columbia Election Act. The Delegate shall have a 
seat in the House of Representatives, with the right of debate, 
but not of voting, shall have all the privileges granted a 
Representative by section 6 of Article I of the Constitution, 
and shall be subject to the same restrictions and regulations 
as are imposed by law or rules on Representatives. The Delegate 
shall be elected to serve during each Congress.
    [(b) No individual may hold the office of Delegate to the 
House of Representatives from the District of Columbia unless 
on the date of his election--
          [(1) he is a qualified elector (as that term is 
        defined in section 2(2) of the District of Columbia 
        Election Act) of the District of Columbia;
          [(2) he is at least twenty-five years of age;
          [(3) he holds no other paid public office; and
          [(4) he has resided in the District of Columbia 
        continuously since the beginning of the three-year 
        period ending on such date.
    He shall forfeit his office upon failure to maintain the 
qualifications required by this subsection.]

           *       *       *       *       *       *       *


  [OTHER PROVISIONS AND AMENDMENTS RELATING TO THE ESTABLISHMENT OF A 
 DELEGATE TO THE HOUSE OF REPRESENTATIVES FROM THE DISTRICT OF COLUMBIA

    [Sec. 204.
    [(b) Section 2106 of title 5 of the United States Code is 
amended by inserting ``a Delegate from the District of 
Columbia,'' immediately after ``House of Representatives,''.
    [(c) Sections 4342(a)(5), 6954(a)(5), and 9342(a)(5) of 
title 10 of the United States Code are each amended by striking 
out ``by the Commissioner of that District'' and inserting in 
lieu thereof ``by the Delegate to the House of Representatives 
from the District of Columbia''.
    [(d)(1) Section 201(a) of title 18 of the United States 
Code is amended by inserting ``the Delegate from the District 
of Columbia,'' immediately after ``Member of Congress,''.
    [(2) Sections 203(a)(1) and 204 of title 18 of the United 
States Code are each amended by inserting ``Delegate from the 
District of Columbia, Delegate Elect from the District of 
Columbia,'' immediately after ``Member of Congress Elect,''.
    [(3) Section 203(b) of title 18 of the United States Code 
is amended by inserting ``Delegate,'' immediately after 
``Member,''.
    [(4) The last undesignated paragraph of section 591 of 
title 18 of the United States Code is amended by inserting 
``the District of Columbia and'' immediately after 
``includes''.
    [(5) Section 594 of title 18 of the United States Code is 
amended (1) by striking out ``or'' immediately after 
``Senate,'', and (2) by striking out ``Delegates or 
Commissioners from the Territories and possessions'' and 
inserting in lieu thereof ``Delegate from the District of 
Columbia, or Resident Commissioner''.
    [(6) Section 595 of title 18 of the United States Code is 
amended by striking out ``or Delegate or Resident Commissioner 
from any Territory or Possession'' and inserting in lieu 
thereof ``Delegate from the District of Columbia, or Resident 
Commissioner''.
    [(e) Section 11(c) of the Voting Rights Act of 1965 (42 
U.S.C. 1973i(c)) is amended by striking out ``or Delegates or 
Commissioners from the territories or possessions'' and 
inserting in lieu thereof ``Delegate from the District of 
Columbia''.
    [(f) The second sentence in the second paragraph of section 
7 of the District of Columbia Alcoholic Beverage Control Act 
(D.C. Code, sec. 25-107) is amended by striking out ``the 
presidential election" and inserting in lieu thereof ``any 
election''.]

           *       *       *       *       *       *       *

                              ----------                              


              DISTRICT OF COLUMBIA ELECTIONS CODE OF 1955

                          election of electors

  Sec. 1. In the District of Columbia electors of President and 
Vice President of the United States, [the Delegate to the House 
of Representatives,] the members of the State Board of 
Education, the members of the Council of the District of 
Columbia, the Attorney General for the District of Columbia, 
the Mayor and the following officials of political parties in 
the District of Columbia shall be elected as provided in this 
subchapter:
          (1) National committeemen and national 
        committeewomen;
          (2) Delegates to conventions and conferences of 
        political parties including delegates to nominate 
        candidates for the Presidency and Vice Presidency of 
        the United States;
          (3) Alternates to the officials referred to in 
        paragraphs (1) and (2) of this section, where permitted 
        by political party rules; and
          (4) Such members and officials of local committees of 
        political parties as may be designated by the duly 
        authorized local committees of such parties for 
        election at large or by ward in the District of 
        Columbia.

                              definitions

  Sec. 2. For the purposes of this subchapter:
          (1) The term ``District'' means the District of 
        Columbia.
          (2) The term ``qualified elector'' means a person 
        who:
                  (A) Is at least 17 years of age and who will 
                be 18 years of age on or before the next 
                general election;
                  (B) Is a citizen of the United States;
                  (C) Has maintained a residence in the 
                District for at least 30 days preceding the 
                next election and does not claim voting 
                residence or right to vote in any state or 
                territory;
                  (D) Is not incarcerated for a crime that is a 
                felony in the District; and
                  (E) Has not been found by a court of law to 
                be legally incompetent to vote.
          (3) The term ``Board'' means the District of Columbia 
        Board of Elections provided for by section 3.
          (4) The term ``ward'' means an election ward 
        established by the Council.
          (5) The term ``State Board of Education'' means the 
        State Board of Education established by Sec.  38-2651.
          [(6) The term ``Delegate'' means the Delegate to the 
        House of Representatives from the District of 
        Columbia.]
          (7) The term ``felony'' includes any crime committed 
        in the District of Columbia referred to in Sec. Sec.  
        1-1001.14, 1-1162.32, and 1-1163.35.
          (8) The term ``Council'' or ``Council of the District 
        of Columbia'' means the Council of the District of 
        Columbia established pursuant to the District of 
        Columbia Home Rule Act.
          (9) The term ``Mayor'' means the Office of Mayor of 
        the District of Columbia established pursuant to the 
        District of Columbia Home Rule Act.
          (9A) The term ``Attorney General'' or ``Attorney 
        General for the District of Columbia'' means the 
        Attorney General for the District of Columbia provided 
        for by part D-i of subchapter I of Chapter 3 and Sec.1-
        204.35.
          (10) The term ``initiative'' means the process by 
        which the electors of the District of Columbia may 
        propose laws (except laws appropriating funds) and 
        present such proposed laws directly to the registered 
        qualified electors of the District of Columbia for 
        their approval or disapproval.
          (11) The term ``referendum'' means the process by 
        which the registered qualified electors of the District 
        of Columbia may suspend acts, or some part or parts of 
        acts, of the Council of the District of Columbia 
        (except emergency acts, acts levying taxes, or acts 
        appropriating funds for the general operating budget) 
        until such acts or part or parts of acts have been 
        presented to the registered qualified electors of the 
        District of Columbia for their approval or rejection.
          (12) The term ``recall'' means the process by which 
        the registered qualified electors of the District of 
        Columbia may call for the holding of an election to 
        remove or retain an elected official of the District of 
        Columbia [(except the Delegate to Congress for the 
        District of Columbia)] prior to the expiration of his 
        or her term.
          (13) The term ``elected official'' means the Mayor, 
        the Chairman and members of the Council, the Attorney 
        General, members of the State Board of Education, [the 
        Delegate to Congress for the District of Columbia,] 
        United States Senator and Representative, and advisory 
        neighborhood commissioners of the District of Columbia.
          (14) The term ``printed'' shall include any document 
        produced by letterpress, offset press, photo 
        reproduction, multilith, or other mass reproduction 
        means.
          (15) The term ``proposer'' means one or more of the 
        registered qualified electors of the District of 
        Columbia, including any entity, the primary purpose of 
        which is the success or defeat of a political party or 
        principle, or any question submitted to vote at a 
        public election by means of an initiative, referendum 
        or recall as authorized in amendments numbered 1 and 2 
        to Title IV of the Home Rule Act (Sec. Sec.  1-204.101 
        to 1-204.115). Such entities shall be treated as a 
        political committee as defined in Sec.  1-1161.01(44) 
        for purposes of this subchapter.
          (16)(A) The term ``residence,'' for purposes of 
        voting, means the principal or primary home or place of 
        abode of a person. Principal or primary home or place 
        of abode is that home or place in which the person's 
        habitation is fixed and to which a person, whenever he 
        or she is absent, has the present intention of 
        returning after a departure or absence therefrom, 
        regardless of the duration of the absence.
          (B) In determining what is a principal or primary 
        place of abode of a person the following circumstances 
        relating to the person may be taken into account:
                  (i) Business pursuits;
                  (ii) Employment;
                  (iii) Income sources;
                  (iv) Residence for income or other tax 
                purposes;
                  (v) Residence of parents, spouse, and 
                children;
                  (vi) Leaseholds;
                  (vii) Situs of personal and real property; 
                and
                  (viii) Motor vehicle registration.
          (C) A qualified elector who has left his or her home 
        and gone into another state or territory for a 
        temporary purpose only shall not be considered to have 
        lost his or her residence in the District.
          (D) If a qualified elector moves to another state or 
        territory with the intention of making it his or her 
        permanent home, he or she shall notify the Board, in 
        writing, and shall be considered to have lost residence 
        in the District.
          (E) No person shall be deemed to have gained or lost 
        a residence by reason of absence while employed in the 
        service of the District or the United States 
        governments, while a student at any institution of 
        learning, while kept at any institution at public 
        expense, or while absent from the District with the 
        intent to have the District remain his or her 
        residence. If a person is absent from the District, but 
        intends to maintain residence in the District for 
        voting purposes, he or she shall not register to vote 
        in any other state or territory during his or her 
        absence.
          (17) The term ``voter registration agency'' means an 
        office designated under section 7(d)(1) and the 
        National Voter Registration Act of 1993 to perform 
        voter registration activities.
          (18) The term ``application distribution agency'' 
        means an agency designated under section 7(d)(14) in 
        whose office or offices mail voter registration 
        applications are made available for general 
        distribution to the public.
          (19) The term ``duly registered voter'' means a 
        registered voter who resides at the address listed on 
        the Board's records.
          (20) The term ``registered qualified elector'' means 
        a registered voter who resides at the address listed on 
        the Board's records.
          (21) The term ``qualified registered elector'' means 
        a registered voter who resides at the address listed on 
        the Board's records.
          (22) The term ``voting system'' means:
                  (A) The combination of mechanical, 
                electromechanical, or electronic equipment, 
                including the software, firmware, and 
                documentation required to program, control, and 
                support the equipment used to:
                          (i) Define ballots;
                          (ii) Cast and count votes;
                          (iii) Report or display elections 
                        results; and
                          (iv) Maintain and produce a permanent 
                        record; and
                  (B) The practices and documentation used to:
                          (i) Identify system components and 
                        versions of components;
                          (ii) Test the system during its 
                        development and maintenance;
                          (iii) Maintain records of system 
                        errors and defects;
                          (iv) Determine necessary system 
                        changes after the initial qualification 
                        of the system; and
                          (v) Provide voters with notices, 
                        instructions, forms, paper ballots, or 
                        other materials.
          (23) The term ``Help America Vote Act of 2002'' means 
        the Help America Vote Act of 2002, approved October 29, 
        2002 (116 Stat. 1666; 42 U.S.C. Sec.15301 et seq.).
          (24) The term ``gender identity or expression'' shall 
        have the same meaning as provided in Sec.2-
        1401.02(12A).
          (25) ``Election observers'' means persons who witness 
        the administration of elections, including individuals 
        representing nonpartisan domestic and international 
        organizations, including voting rights organizations, 
        civil rights organizations, and civic organizations.
          (26) ``Qualified petition circulator'' means an 
        individual who is 18 years of age or older and either:
                  (A) A District resident; or
                  (B) A resident of another jurisdiction who 
                has registered with the Board as a petition 
                circulator and consented to being subject to 
                the subpoena power of the Board and the 
                jurisdiction of the Superior Court of the 
                District of Columbia for the enforcement of 
                subpoenas without respect to the individual's 
                place of residence.
          (27) The term ``digital voter service system'' means 
        a website or mobile application that allows an 
        individual to do the following:
                  (A) Apply to become a registered voter;
                  (B) Change the individual's name, address, or 
                party affiliation in the individual's existing 
                voter registration record; and
                  (C) Request an absentee ballot.
          (28) The term ``DMV'' means the Department of Motor 
        Vehicles.
          (29) ``Mobile application'' means specialized 
        software, designed for a mobile device, in which 
        electronic signatures are collected on an electronic 
        petition.
          (30) ``Mobile device'' means a handheld, portable, 
        wireless computing device, including a tablet computer 
        or mobile phone.

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 qualifications of candidates and electors; nomination and election of 
    [delegate,] chairman of the council, members of council, mayor, 
  attorney general, and members of state board of education; petition 
                  requirements; arrangement of ballot

  Sec. 8. (a)(1) Each candidate for election to the office of 
national committeeman or alternate, or national committeewoman 
or alternate, and for election as a member or official 
designated for election at large under paragraph (4) of section 
1, shall be a qualified elector registered under section 7 who 
has been nominated for such office, or for election as such 
member or official, by a nominating petition:
          (A) Signed by not less than 500, or 1%, whichever is 
        less, of the qualified electors registered under such 
        section 7, who are of the same political party as the 
        candidate; and
          (B) Filed with the Board not later than the 90th day 
        before the date of the election held for such office, 
        member, or official.
  (2) In the case of a nominating petition for a candidate for 
election as a member or official designated for election from a 
ward under paragraph (4) of section 1, such petition shall be 
prepared and filed in the same manner as a petition prepared 
and filed by a candidate under paragraph (1) of this subsection 
and signed by 100, or 1%, whichever is less, of the qualified 
electors residing in such ward, registered under section 7, who 
are of the same political party as the candidate.
  (b)(1)(A) No person shall hold elected office pursuant to 
this section unless he or she has been a bona fide resident of 
the District of Columbia continuously since the beginning of 
the 90-day period ending on the date of the next election, and 
is a qualified elector registered under section 7.
  (D) Any candidate for the position of Attorney General shall 
also meet the qualifications required by Sec.1-301.83 before 
the day on which the election for Attorney General is to be 
held.
  (2) Only qualified petition circulators may circulate 
nominating petitions in support of candidates for elected 
office pursuant to this subchapter. The Board shall consider 
invalid the signatures on any petition sheet that was 
circulated by a person who, at the time of circulation, was not 
a qualified petition circulator.
  (3) All signatures on a petition shall be made by the person 
whose signature it purports to be and not by any other person. 
Each petition shall contain an affidavit, made under penalty of 
perjury, in a form to be determined by the Board and signed by 
the circulator of that petition which shall state that the 
circulator is a qualified petition circulator and has:
  (A) Personally circulated the petition;
  (B) Personally witnessed each person sign the petition; and
  (C) Inquired from each signer whether he or she is a 
registered voter in the same party as the candidate and, where 
applicable, whether the signer is registered in and a resident 
of the ward from which the candidate seeks election.
  (4) Any circulator who knowingly and willfully violates any 
provisions of this section, or any regulations promulgated 
pursuant to this section, shall upon conviction be subject to a 
fine of not more than $10,000, or imprisonment for not more 
than 6 months, or both. Each occurrence of a violation of this 
section shall constitute a separate offense. Violations of this 
section shall be prosecuted in the name of the District of 
Columbia by the Corporation Counsel of the District of 
Columbia.
  (c)(1) In such election of officials referred to in paragraph 
(1) of section 1, and in each election of officials designated 
for election at large pursuant to paragraph (4) of section 1, 
the Board shall arrange the ballot of each party to enable the 
registered voters of such party to vote separately or by slate 
for each official duly qualified and nominated for election to 
such office.
  (2) In each election of officials designated, pursuant to 
paragraph (4) of section 1, for election from a ward, the Board 
shall arrange the ballot of each party to enable the registered 
voters of such party, residing in such ward, to vote separately 
or by slate for each official duly qualified and nominated from 
such ward for election to such office from such ward.
  (d) Each political party which had in the next preceding 
election year at least 7,500 votes cast in the general election 
for a candidate of the party to the office of [Delegate,] 
Chairman of the Council, member of the Council, Mayor, or 
Attorney General, shall be entitled to elect candidates for 
presidential electors, provided that the party has met all 
deadlines set out in this subchapter or by regulation for the 
submission of a party plan for the election. The executive 
committee of the organization recognized by the national 
committee of each such party as the official organization of 
that party in the District of Columbia shall nominate by 
appropriate means the presidential electors for that party. 
Nominations shall be made by message to the Board on or before 
September 1st next preceding a presidential election.
  (e) The names of the candidates of each political party for 
President and Vice President shall be placed on the ballot 
under the title and device, if any, of that party as designated 
by the duly authorized committee of the organization recognized 
by the national committee of that party as the official 
organization of that party in the District. The form of the 
ballot shall be determined by that Board. The position on the 
ballot of names of candidates for President and Vice President 
shall be determined by lot. The names of persons nominated as 
candidates for electors of President and Vice President shall 
not appear on the ballot.
  (f) A political party which does not qualify under subsection 
(d) of this section may have the names of its candidates for 
President and Vice President of the United States printed on 
the general election ballot provided a petition nominating the 
appropriate number of candidates for presidential electors 
signed by at least 1 per centum of registered qualified 
electors of the District of Columbia, as shown by the records 
of the Board as of the 144th day before the date of the 
presidential election, is presented to the Board on or before 
the 90th day before the date of the presidential election.
  (g) No person may be elected to the office of elector of 
President and Vice President pursuant to this subchapter 
unless: (1) He or she is a registered voter in the District; 
and (2) He or she has been a bona fide resident of the District 
for a period of 3 years immediately preceding the date of the 
presidential election. Each person elected as elector of 
President and Vice President shall, in the presence of the 
Board, take an oath or solemnly affirm that he or she will vote 
for the candidates of the party he or she has been nominated to 
represent, and it shall be his or her duty to vote in such 
manner in the electoral college.
  (h)(1)(A) The [Delegate,] Chairman of the Council, the 4 at-
large members of the Council, Mayor, and Attorney General shall 
be elected by the registered qualified electors of the District 
of Columbia in a general election. Each candidate for the 
office of [Delegate,] Chairman of the Council, the at-large 
members of the Council, Mayor, and Attorney General in any 
general election shall, except as otherwise provided in 
subsection (j) of this section and section 10(d), have been 
elected by the registered qualified electors of the District as 
such candidate by the next preceding primary election.
  (B)(i) A member of the office of Council (other than the 
Chairman and any member elected at large) shall be elected in a 
general election by the registered qualified electors of the 
respective ward of the District from which the individual 
seeking such office was elected as a candidate for such office 
as provided in sub-subparagraph (ii) of this subparagraph.
  (ii) Each candidate for the office of member of the Council 
(other than Chairman and at-large members) shall, except as 
otherwise provided in subsection (j) of this section and 
section 10(d), have been elected as such a candidate, by the 
registered qualified electors of the ward of the District from 
which such individual was nominated, at the next preceding 
primary election to fill such office within that ward.
  (2) The nomination and election of any individual to the 
office of [Delegate,] Chairman of the Council, member of the 
Council, Mayor, and Attorney General shall be governed by the 
provisions of this subchapter. No political party shall be 
qualified to hold a primary election to select candidates for 
election to any such office in a general election unless, in 
the next preceding election year, at least 7,500 votes were 
cast in the general election for a candidate of such party for 
any such office or for its candidates for electors of President 
and Vice President.
  (i)(1) Each individual in a primary election for candidate 
for the office of [Delegate,] Chairman of the Council, at-large 
member of the Council, Mayor, or Attorney General shall be 
nominated for any such office by a petition:
          (A) Filed with the Board not later than 90 days 
        before the date of such primary election; and
          (B) Signed by at least 2,000 registered qualified 
        electors of the same political party as the nominee, or 
        by 1 per centum of the duly registered members of such 
        political party, whichever is less, as shown by the 
        records of the Board as of the 144th day before the 
        date of such election.
  (2) Each individual in a primary election for candidate for 
the office of member of the Council (other than Chairman and 
at-large members) shall be nominated for such office by a 
petition filed with the Board not later than 90 days before the 
date of such primary election, and signed by at least 250 
persons, or by 1 per centum of persons (whichever is less, in 
the ward from which such individual seeks election) who are 
duly registered in such ward under section 7 and who are of the 
same political party as the nominee.
  (3) For the purpose of computing nominating petition 
signature requirements, the Board shall by noon on the 144th 
day preceding the election post and make available the exact 
number of qualified registered electors in the District by 
party, ward, and precinct, as provided in this subsection. The 
Board shall make available for public inspection, in the office 
of the Board, the entire list of registered electors upon which 
such count was based. Such list shall be retained by the Board 
until the period for circulating, filing, and challenging 
petitions has ended.
  (4) A nominating petition for a candidate in a primary 
election for any such office may not be circulated for 
signature before the 144th day preceding the date of such 
election and may not be filed with the Board before the 115th 
day preceding such date. The Board may prescribe rules with 
respect to the preparation and presentation of nominating 
petitions. The Board shall arrange the ballot of each political 
party in each such primary election as to enable a voter of 
such party to vote for nominated candidates of that party.
  (j)(1) A duly qualified candidate for the office of 
[Delegate,] Chairman of the Council, member of the Council, 
Mayor, or Attorney General, may, subject to the provisions of 
this subsection, be nominated directly as such a candidate for 
election for such office (including any such election to be 
held to fill a vacancy). Such person shall be nominated by 
petition: (A) Filed with the Board not less than 90 days before 
the date of such general election; and (B) In the case of a 
person who is a candidate for the office of member of the 
Council (other than the Chairman or an at-large member), signed 
by 500 voters who are duly registered under section 7 in the 
ward from which the candidate seeks election; and in the case 
of a person who is a candidate for the office of [Delegate,] 
Chairman of the Council, at-large member of the Council, Mayor, 
or Attorney General, signed by duly registered voters equal in 
number to 11/2 per centum of the total number of registered 
voters in the District, as shown by the records of the Board as 
of 144 days before the date of such election, or by 3,000 
persons duly registered under section 7, whichever is less. No 
signatures on such a petition may be counted which have been 
made on such petition more than 144 days before the date of 
such election.
  (2) Nominations under this subsection for candidates for 
election in a general election to any office referred to in 
paragraph (1) of this subsection shall be of no force and 
effect with respect to any person whose name has appeared on 
the ballot of a primary election for that office held within 8 
months before the date of such general election.
  (3) No person shall be nominated directly as a candidate in 
any general election for the office of [Delegate,] Chairman of 
the Council, member of the Council, Mayor, Attorney General, 
United States Senator, or United States Representative who is 
registered to vote as affiliated with a party qualified to 
conduct a primary election.
  (j-1) Notwithstanding any other provision of law, and 
pursuant to the June 4, 2014 Order of the District of Columbia 
Court of Appeals in Zukerberg v. D.C. Board of Elections and 
Ethics, et al., No. 14-CV-222, the Board shall conduct the 2014 
election of the Attorney General consistent with the procedural 
requirements for a special election under this subchapter, and 
shall have the election of the Attorney General coincide with 
the November 4, 2014, general election.
  (k)(1) In each general election for the office of member of 
the Council (other than the office of the Chairman or an at-
large member), the Board shall arrange the ballots in each ward 
to enable a voter registered in that ward to vote for any 1 
candidate who:
          (A) Has been duly elected by any political party in 
        the next preceding primary election for such office 
        from such ward;
          (B) Has been duly nominated to fill a vacancy in such 
        office in such ward pursuant to section 10(d); or
          (C) Has been nominated directly as a candidate for 
        such office in such ward under subsection (j) of this 
        section.
  (2) In each general election for the office of Chairman and 
member of the Council at large, the Board shall arrange the 
ballots to enable a registered qualified elector to vote for as 
many candidates for election as members at large as there are 
members at large to be elected in such election, including the 
Chairman. Such candidates shall be only those persons who:
          (A) Have been duly elected by any political party in 
        the next preceding primary election for such office;
          (B) Have been duly nominated to fill vacancies in 
        such office pursuant to section 10(d); or
          (C) Have been nominated directly as a candidate under 
        subsection (j) of this section.
  (3) In each general election for the office of [Delegate,] 
Mayor, and Attorney General, the Board shall arrange the 
ballots to enable a registered qualified elector to vote for 
any 1 of the candidates for any such office who:
          (A) Has been duly elected by any political party in 
        the next preceding primary election for such office;
          (B) Has been duly nominated to fill a vacancy in such 
        office pursuant to section 10(d), or, in the case of 
        the Attorney General, pursuant to Sec.1-204.35(b); or
          (C) Has been nominated directly as a candidate under 
        subsection (j) of this section.
  (l)(1) Designation of offices of local party committees to be 
filled by election pursuant to paragraph (4) of section 1 shall 
be effected, in accordance with the provision of this 
subsection, by written communication signed by the chairman of 
such committee and filed with the Board not later than 180 days 
before the date of such election.
  (2) The notification shall specify separately:
          (A) A comprehensive plan for the scheduled election;
          (B) The titles of the offices and the total number of 
        members to be elected at large, if any;
          (C) The title of the offices and the total number of 
        members to be elected by ward, if any; and
          (D) The procedures to be followed in nominating and 
        electing these members.
  (m) The election of the members of the State Board of 
Education shall be conducted on a nonpartisan basis and in 
accordance with this subchapter.
  (n) Each candidate in a general or special election for 
member of the State Board of Education shall be nominated for 
such office by a nominating petition: (A) Filed with the Board 
not later than the 90th calendar day before the date of such 
general or special election; and (B) signed by at least 200 
qualified electors who are duly registered under section 7, who 
reside in the school district or ward from which the candidate 
seeks election, or in the case of a candidate running at large, 
signed by at least 1,000 of the qualified electors in the 
District of Columbia registered under such section 7. A 
nominating petition for a candidate in a general or special 
election for member of the State Board of Education may not be 
circulated for signatures before the 144th day preceding the 
date of such election and may not be filed with the Board 
before the 115th day preceding such date. In a general or 
special election for members of the State Board of Education, 
the Board shall arrange the ballot for each school district or 
ward to enable a voter registered in that school district or 
ward to vote for any 1 candidate duly nominated to be elected 
to such office from such school district or ward, and to vote 
for as many candidates duly nominated for election at large to 
such office as there are State Board of Education members to be 
elected at large in such election.
  (o)(1) The Board is authorized to accept any nominating 
petition for a candidate for any office as bona fide with 
respect to the qualifications of the signatures thereto if the 
original or facsimile thereof has been posted in a suitable 
public place for a 10-day period beginning on the third day 
after the filing deadline for nominating petitions for the 
office. Any registered qualified elector may within the 10-day 
period challenge the validity of any petition by written 
statement signed by the challenger and filed with the Board and 
specifying concisely the alleged defects in the petition. A 
copy of the challenge shall be sent by the Board promptly to 
the person designated for the purpose in the nominating 
petition. In a special election to fill a vacancy in an 
Advisory Neighborhood Commission single-member district, the 
period prescribed in this paragraph for posting and challenge 
shall be 5 days, excluding weekends and holidays.
  (2) The Board shall receive evidence in support of and in 
opposition to the challenge and shall determine the validity of 
the challenged nominating petition not more than 20 days after 
the challenge has been filed. Within 3 days after announcement 
of the determination of the Board with respect to the validity 
of the nominating petition, either the challenger or any person 
named in the challenged petition as a nominee may apply to the 
District of Columbia Court of Appeals for a review of the 
reasonableness of such determination. The Court shall expedite 
consideration of the matter and the decision of such Court 
shall be final and not appealable.
  (3) For the purpose of verifying a signature on any petition 
filed pursuant to this section, the Board shall first determine 
if the address on the petition is the same as the address shown 
of the signer's voter registration record. If the address is 
different than the address which appears on the signer's 
registration record, the address shall be deemed valid if:
          (A) The signer's current address is within the single 
        member district for an Advisory Neighborhood Commission 
        election, within the school district for a school board 
        election, within the ward for a ward-wide election, or 
        within the District of Columbia for an at-large 
        election; and
          (B) The signer files a change of address form with 
        the Board during the first 10 days of the period 
        designated for resolving challenges to petitions.
  (p) In any election, the order in which the names of the 
candidates for office appear on the ballot shall be determined 
by lot, upon a date or dates and under regulations prescribed 
by the Board.
  (q) Any petition required to be filed under this subchapter 
by a particular date must be filed no later than 5:00 p.m. on 
such date.
  (r)(1) In any primary, general, or special election held in 
the District of Columbia to nominate or elect candidates to 
public office, a voter may cast a write-in vote for a candidate 
other than those who have qualified to appear on the ballot.
  (2) To be eligible to receive the nomination of a political 
party for public office, a write-in candidate shall be a duly 
registered member of the party nominated and shall meet all the 
other qualifications required for election to the office and 
shall declare his or her candidacy not later than 4:45 p.m. on 
the day following the date of the election on a form or forms 
prescribed by the Board.
  (3) To be eligible for election to public office, a write-in 
candidate shall be a duly registered elector and shall meet all 
of the other qualifications required for election to the office 
and shall declare his or her candidacy not later than 4:45 p.m. 
on the third day immediately following the date of the election 
in which he or she was a candidate on a form or forms 
prescribed by the Board.
  (4) In party office elections, write-in voting provisions may 
also be subject to the party rules.
  (s) The Board shall submit to the Mayor and Council a 
feasibility study of mail-ballot voting procedures, within 6 
months after October 21, 2000. The study shall outline the 
advantages and disadvantages of mail-ballot procedures and 
recommend whether mail-ballot procedures should be implemented 
in District of Columbia elections. The study shall include an 
analysis of the following issues and topics that the Board 
deems appropriate:
          (1) Administration and logistics;
          (2) Ballot integrity and electoral fairness;
          (3) Voter turnout;
          (4) Cost;
          (5) Applicability to special elections and regularly 
        scheduled elections; and
          (6) The experiences of other jurisdictions that have 
        used mail-ballot procedures.

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    dates for holding elections; votes cast for president and vice 
president counted as votes for presidential electors; voting hours; tie 
votes; filling vacancy where elected official dies, resigns, or becomes 
                            unable to serve

  Sec. 10. (a)(1) The elections of the officials referred to in 
section 1(1), (2), (3), or (4) shall be held, at the request of 
the party, during a primary election already scheduled for 
other purposes on the date requested; provided, that it does 
not interfere or conflict with applicable national party rules. 
The primary under section 5(b) shall be held on the 1st Tuesday 
in June of each presidential election year.
  (2) The electors of President and Vice President of the 
United States shall be elected on the Tuesday next after the 
1st Monday in November in every 4th year succeeding every 
election of a President and Vice President of the United 
States. Each vote cast for a candidate for President or Vice 
President whose name appears on the general election ballot 
shall be counted as a vote cast for the candidates for 
presidential electors of the party supporting such presidential 
and vice presidential candidate. Candidates receiving the 
highest number of votes in such election shall be declared the 
winners, except that in the case of a tie it shall be resolved 
in the same manner as is provided in subsection (c) of this 
section.
  (3)[(A) Except as otherwise provided in the case of special 
elections under this subchapter or Sec.  206(a) of the District 
of Columbia Delegate Act, primary elections of each political 
party for the office of Delegate to the House of 
Representatives shall be held on the 1st Tuesday in June in a 
presidential election year and on the 3rd Tuesday in June of 
each even-numbered non-presidential election year, and general 
elections for such office shall be held on the Tuesday next 
after the 1st Monday in November of each even-numbered year.]
  (B) Except as otherwise provided in the case of special 
elections under this subchapter primary elections of each 
political party for the office of member of the Council shall 
be held on the 1st Tuesday in June in a presidential election 
year and on the 3rd Tuesday in June of each even-numbered non-
presidential election year, and general election for such 
offices shall be held on the 1st Tuesday after the 1st Monday 
in November in 1974 and every 2nd year thereafter.
  (C) Except as otherwise provided in the case of a special 
election under this subchapter or by Sec.1-204.35(b), primary 
elections of each political party for the office of Chairman of 
the Council, Mayor and Attorney General shall be held on the 
3rd Tuesday in June of 2018 and every 4th year thereafter, and 
the general election for such office shall be held on the 1st 
Tuesday after the 1st Monday in November in 1974 and every 4th 
year thereafter.
  (4) With respect to special elections required or authorized 
by this subchapter or by Sec.1-204.35(b), the Board may 
establish the dates on which such special elections are to be 
held and prescribe such other terms and conditions as may, in 
the Board's opinion, be necessary or appropriate for the 
conduct of such elections in a manner comparable to that 
prescribed for other elections held pursuant to this 
subchapter.
  (5) General elections of members of the State Board of 
Education shall be held on the 1st Tuesday after the 1st Monday 
in November of each odd-numbered calendar year through 1987, 
and thereafter in each even-numbered calendar year, on the same 
day and month.
  (b)(1) All elections prescribed by this subchapter shall be 
conducted by the Board in conformity with the provisions of 
this subchapter. In all elections held pursuant to this 
subchapter, the polls shall be open from 7:00 a.m. to 8:00 
p.m., except in instances when the time established for closing 
the polls is extended pursuant to a federal or District court 
order or any other order. The Board may, upon request of the 
precinct captain or upon its own initiative, if an emergency 
exists by reason of mechanical failure of a voting machine, an 
unanticipated shortage of ballots, excessive wait times, bomb 
threats, or similar unforeseen event warrants it, extend the 
polling hours for that precinct until the emergency situation 
has been resolved. Candidates who receive the highest number of 
votes, other than candidates for election as political party 
officials or delegates to national conventions nominating 
candidates for President and Vice President of the United 
States, shall be declared winners. If after the date of an 
election and prior to the certification of the election 
results, the qualified candidate who has received the highest 
number of votes dies, withdraws, or is found to be ineligible 
to hold the office, or in the event no candidate qualifies for 
election, the Board shall declare no winner, and the office 
shall become vacant as of the date of the beginning of the term 
of office for which the election was held. With respect to a 
primary election, the position of candidate shall be vacant 
until filled pursuant to subsection (d) of this section.
  (2)(A) No person shall canvass, electioneer, circulate 
petitions, post any campaign material or engage in any activity 
that interferes with the orderly conduct of the election within 
a polling place or within a 50-foot distance from the entrance 
and exit of a polling place. The Board, by regulation, shall 
establish procedures for determination and clear marking of the 
50-foot distance.
  (B) A person who violates the provisions of this paragraph 
shall, upon conviction, be fined not less than $50 or more than 
$500 or imprisoned for not more than 30 days, or both.
  (c) In the case of a tie vote, the resolution of which will 
affect the outcome of any election, the candidates receiving 
the tie vote shall cast lots before the Board at 12:00 noon on 
a date to be set by the Board. This date shall be set no sooner 
than 2 days following determination by the Board of the results 
of the election which resulted in a tie. The candidate to whom 
the lot shall fall shall be declared the winner. If the 
candidate or candidates fail to appear by 12:00 noon on said 
day, the Board shall cast lots for him or her or them. For 
purpose of casting lots, any candidate may appear in person, or 
by proxy appointed in writing.
  (d)(1) In the event that any official, other than [Delegate,] 
member of the Council, Mayor, Attorney General, member of the 
State Board of Education, or winner of a primary election for 
the office of [Delegate,] member of the Council, Mayor, or 
Attorney General, elected pursuant to this subchapter dies, 
resigns, or becomes unable to serve during his or her term of 
office leaving no person elected pursuant to this subchapter to 
serve the remainder of the unexpired term of office, the 
successor or successors to serve the remainder of the term 
shall be chosen pursuant to the rules of the duly authorized 
party committee, except that the successor shall have the 
qualifications required by this subchapter for the office.
  [(2)(A) In the event that a vacancy occurs in the office of 
Delegate before May 1 of the last year of the Delegate's term 
of office, the Board shall hold a special election to fill the 
unexpired term. The special election shall be held on the 
Tuesday occurring at least 70 days and not more than 174 days 
after the date on which the vacancy occurs which the Board 
determines, based on a totality of the circumstances, taking 
into account, inter alia, cultural and religious holidays and 
the administrability of the election, will provide the 
opportunity for the greatest level of voter participation. The 
person elected to fill the vacancy in the office of Delegate 
shall take office the day on which the Board certifies his or 
her election.
  [(B) In the event that a vacancy occurs in the office of 
Delegate on or after May 1 of the last year of the Delegate's 
term of office, the Mayor shall appoint a successor to complete 
the remainder of the term of office.]
  [(3)] (2) In the event of a vacancy in the office of United 
States Representative or United States Senator elected pursuant 
to Sec.1-123 and that vacancy cannot be filled pursuant to 
paragraph (1) of this subsection, the Mayor shall appoint, with 
the advice and consent of the Council, a successor to complete 
the remainder of the term of office.
  (e)(1) In the event of a vacancy of an elected member of the 
State Board of Education, the Board of Elections shall hold a 
special election to fill the unexpired term of the vacant 
office. The special election shall be held on the Tuesday 
occurring at least 70 days and not more than 174 days after the 
date on which the vacancy occurs which the Board determines, 
based on a totality of the circumstances, taking into account, 
inter alia, cultural and religious holidays and the 
administrability of the election, will provide the opportunity 
for the greatest level of voter participation. The person 
elected as a member to fill a vacancy on the State Board of 
Education shall take office the day on which the Board of 
Elections certifies his or her election.
  (f) Notwithstanding the provisions of subsection (e) of this 
section, if a vacancy of an elected member of the State Board 
of Education occurs on or after February 1st of the last year 
of the term of the vacant office, a special election shall not 
be held and the State Board of Education may appoint a person 
to fill such vacancy until the unexpired term ends. Any person 
appointed under this subsection shall have the same 
qualifications for holding such office as were required of his 
or her immediate predecessor.
  (g) A vacancy among the appointed Board members shall be 
filled within 45 days of its occurrence. The Mayor shall submit 
a nominee to the Council for confirmation within 30 days of the 
vacancy. Any Board member appointed to fill a vacancy shall 
serve until the end of the original term.

                  recount; judicial review of election

  Sec. 11. (a)(1) The Board shall recount the votes cast in one 
or more voting precincts, if, within 7 days after the Board 
certifies the results of an election for an office, a candidate 
for that office petitions the Board in writing and specifies 
the precincts in which the recount shall be conducted. Before 
beginning the recount, the Board shall prepare an estimate of 
the costs and inform the petitioner of the anticipated number 
of hours needed to complete the recount and the cost per hour. 
The costs of the recount shall not include any payments 
associated for salaried election officials. If the petitioner 
chooses to proceed with the recount, the petitioner shall 
deposit the amount of $50 per precinct included in the recount. 
If the result of the election is changed as a result of the 
recount, the deposit shall be refunded. If the result is not 
changed, the Board shall determine the actual cost of the 
recount. The petitioner shall be liable for the actual cost of 
the recount and the Board may collect that cost from the 
deposit made with the petition.
  (2) If in any election for President and Vice President of 
the United States, [Delegate to the House of Representatives,] 
Chairman of the Council, member of the Council, Mayor, Attorney 
General, or member of the State Board of Education, the results 
certified by the Board show a margin of victory for a candidate 
that is less than one percent of the total votes cast for the 
office, the Board shall conduct a recount. The cost of a 
recount conducted pursuant to this paragraph shall not be 
charged to any candidate.
  (3) In the case of an initiative or referendum measure placed 
on the ballot pursuant to section 16, or a recall measure 
placed on the ballot pursuant to section 17, the Board shall 
conduct a recount if the difference between the number of votes 
for and against the initiative, referendum, or recall measure 
is less than one percent of the total votes cast.
  (4) The Board shall issue regulations prescribing the 
procedures for the Board to:
          (A) Provide notice of a recount to candidates for an 
        office subject to a recount;
          (B) Conduct a recount and certify the official result 
        of an election, initiative, referendum, or recall 
        measure which is the subject of the recount; and
          (C) Ensure that each candidate for an office subject 
        to a recount may designate watchers to be present while 
        the recount is conducted, or in the case of an 
        initiative, referendum, or recall measure, ensure that 
        members of the public may be present while the recount 
        is conducted.
  (b)(1) Within 7 days after the Board certifies the results of 
an election, any person who voted in the election may petition 
the District of Columbia Court of Appeals to review the 
election. The Court's authority to review the results of an 
election shall include initiative, referendum, and recall 
measures as well as elections for a particular office.
  (2) In response to such a petition, the Court may set aside 
the results certified and declare the true results of the 
election, or void the election in whole or in part. To 
determine the true results of an election, the Court may order 
a recount or take other appropriate action, whether or not a 
recount has been conducted or requested pursuant to subsection 
(a) of this section. The Court shall void an election only if 
it:
          (A) Determines that the candidate certified as the 
        winner of the election does not meet the qualifications 
        required for office; or
          (B) Finds that there was any act or omission, 
        including fraud, misconduct, or mistake serious enough 
        to vitiate the election as a fair expression of the 
        will of the registered qualified electors voting in the 
        election.
  (3) If the Court voids an election, it may order a special 
election, which shall be conducted in such a manner, and at 
such time, as the Board may prescribe.
  (4) The decision of the Court in any case brought pursuant to 
this subsection shall be final and may not be appealed.
  (5) The Court shall have the authority to require the losing 
party to reimburse the prevailing party for reasonable 
attorneys' fees and other costs associated with the case, but 
shall not exercise this authority if it finds that the 
reimbursement would impose an undue financial hardship on the 
losing party.

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  CANDIDACY FOR MORE THAN 1 OFFICE PROHIBITED; MULTIPLE NOMINATIONS; 
        CANDIDACY OF OFFICEHOLDER FOR ANOTHER OFFICE RESTRICTED

  Sec. 15. (a) No person shall be a candidate for more than one 
office on the State Board of Education, the Council, Mayor, or 
Attorney General in any election for the members of the State 
Board of Education, the Council, Mayor, or Attorney General, 
and no person shall be a candidate for more than one office on 
the Council, Mayor, or Attorney General in any primary 
election. If a person is nominated for more than 1 such office, 
he or she shall, within 3 days after the Board has sent him 
notice that he or she has been so nominated, designate in 
writing the office for which he or she wishes to run, in which 
case he or she will be deemed to have withdrawn all other 
nominations. In the event that such person fails within such 3-
day period to file such a designation with the Board, all such 
nominations of such person shall be deemed withdrawn.
  (b) Notwithstanding the provisions of subsection (a) of this 
section, a person holding the office of [Delegate,] Chairman or 
member of the Council, Mayor, Attorney General, or member of 
the State Board of Education shall, while holding such office, 
be eligible as a candidate for any other of such offices in any 
primary or general election. In the event that said person is 
elected in a general election to the office for which he or she 
is a candidate, that person shall, within 24 hours of the date 
that the Board certifies said person's election, pursuant to 
subsection (a)(11) of section 5, either resign from the office 
that person currently holds or shall decline to accept the 
office for which he or she was a candidate. In the event that 
said person elects to resign, said resignation shall be 
effective not later than 24 hours before the date upon which 
that person would assume the office to which he or she has been 
elected.

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                             recall process

  Sec. 17. (a) The provisions of this section shall govern the 
recall of all elected officers of the District of Columbia 
[except the Delegate to the Congress from the District of 
Columbia].
  (b)(1) Any registered qualified elector or electors desiring 
to initiate the recall of an elected officer shall file a 
notice of intention to recall that officer with the Board, 
which contains the following information:
          (A) The name and title of the elected officer sought 
        to be recalled;
          (B) A statement not to exceed 200 words in length, 
        giving the reasons for the proposed recall;
          (C) The name and address of the proposer of the 
        recall; and
          (D) An affidavit that each proposer is:
                  (i) A registered qualified elector in the 
                election ward of the elected officer whose 
                recall is sought, if that officer was elected 
                to represent a ward;
                  (ii) A registered qualified elector in the 
                District of Columbia, if the officer whose 
                recall is sought was elected at-large; or
                  (iii) A registered qualified elector in the 
                single-member district of an Advisory 
                Neighborhood Commissioner whose recall is 
                sought.
  (2) A separate notice of intention shall be filed for each 
officer sought to be recalled.
  (c)(1) No recall proceedings shall be initiated for an 
elected officer during the 1st 365 days nor during the last 365 
days of his term of office.
  (2) The recall process for an elected officer may not be 
initiated within 365 days after a recall election has been 
determined in his or her favor.
  (3) In the case of an Advisory Neighborhood Commissioner, no 
recall proceedings shall be initiated during the first 6 months 
or the last 6 months of the Commissioner's term of office, nor 
within 6 months after a recall election has been decided in 
favor of the Commissioner.
  (d)(1) The Board shall serve, in person or by certified mail, 
the notice of intention to recall to the elected officer sought 
to be recalled within 5 calendar days.
  (2) The elected officer sought to be recalled may file with 
the Board, within 10 calendar days after the filing of the 
notice of intention to recall, a response of not more than 200 
words, to the statement of the proposer of recall. If an answer 
is filed, the Board shall serve immediately a copy of that 
response to the proposer named in the notice of intention to 
recall.
  (3) The statement contained in the notice of intention to 
recall and the elected officer's response are intended solely 
for the information of the voters. No insufficiency in form or 
substance of such statement shall affect the validity of the 
election proceedings.
  (e) Upon filing with the Board the notice of intention of 
recall and the elected officer's response, the Board shall 
prepare and provide to the proponent an original petition form 
which the proposer shall formally adopt as his or her own form. 
The proponent shall print from the original blank petition 
sheets on white paper of good writing quality of the same size 
as the original or shall utilize the mobile application made 
available under section 5(a)(19). Each recall petition sheet 
shall be double sided and consist of numbered lines for 20 
names and signatures with residence address (street numbers), 
and, where applicable, the ward numbers. Each petition sheet 
shall have printed on it, and each mobile application shall 
electronically display, the following information:
          (1) A warning statement that declares that only duly 
        registered electors of the District of Columbia may 
        sign the petition;
          (2) The name of the elected officer sought to be 
        recalled and the office which he or she holds;
          (3) A statement that requests that the Board hold a 
        recall election in a manner prescribed in Sec. Sec.  1-
        204.111 to 1-204.115;
          (4) The name and address of the proposer or proposers 
        of the recall; and
          (5) The statement of grounds for the recall and the 
        response of the officer sought to be recalled, if any. 
        If the officer sought to be recalled has not responded, 
        the petition shall so state.
  (f) Each petition sheet or sheets for recall shall have 
attached to it, at the time of submission to the Board, a 
statement made under penalties of perjury, in a form determined 
by the Board signed by the circulator of that petition which 
contains the following:
          (1) The printed name of the circulator;
          (2) The residence address of the circulator giving 
        the street and number;
          (3) That the circulator of the petition form was in 
        the presence of each person when the appended signature 
        was written;
          (4) That according to the best information available 
        to the circulator, each signature is the genuine 
        signature of the person whose name it purports to be;
          (5) That the circulator of the recall petition was a 
        qualified petition circulator at the time of 
        circulation; and
          (6) The dates between which all the signatures to the 
        petition were obtained.
  (g) The proposer of a recall shall have 180 days or, in the 
case of a proposed recall of an Advisory Neighborhood 
Commissioner, 60 days, beginning on the date when the proponent 
of the recall formally adopts the original petition form as his 
or her own form pursuant to subsection (e) of this section, to 
circulate the recall petition and file the petition with the 
Board.
  (h)(1) A recall petition for an elected officer from a ward 
shall include the valid signatures of 10 percent of the 
registered qualified electors of the ward from which the 
officer was elected. The 10 percent shall be computed from the 
total number of the qualified registered electors from such 
ward according to the latest official count of the registered 
qualified electors made by the Board 30 days prior to the date 
of initial submission to the Board of the notice of intention 
to recall.
  (2) A recall petition for an at-large elected official shall 
contain the signatures of registered qualified electors in 
number equal to 10 percent of the registered qualified electors 
in the District of Columbia: Provided, that the total 
signatures submitted include 10 percent of the registered 
electors in each of 5 or more of the 8 wards. The 10 percent 
shall be computed from the total number of registered qualified 
electors from the District of Columbia according to the same 
procedures established in paragraph (1) of this subsection.
  (3) A recall petition for an elected officer from a single-
member district shall include the valid signatures of 10% of 
the registered qualified electors of the single-member district 
from which the officer was elected, except when the elected 
officer has missed all regularly scheduled meetings of the 
Advisory Neighborhood Commission of which the single-member 
district is a part for at least a three-month period, in which 
case the recall petition must only include the valid signatures 
of 5% of the registered qualified electors of the single-member 
district from which the officer was elected. The 5% or 10% 
shall be computed from the total number of registered qualified 
electors from the single-member district in accordance with the 
same procedures established in paragraph (1) of this 
subsection.
  (i) Upon the submission of a recall petition by the proposer 
to the Board, the Board shall refuse to accept the petition 
upon any of the following grounds:
          (1) Except in the case of a recall petition for an 
        Advisory Neighborhood Commissioner, the financial 
        disclosure statement of the proposer has not been filed 
        pursuant to Sec. Sec.  1-1163.07 and 1-1163.09;
          (2) The petition is not the proper form established 
        in subsection (e) of this section;
          (3) The restrictions for initiating the recall 
        process established in subsection (c) of this section 
        were not observed;
          (4) The time limitation established in subsection (g) 
        of this section within which the recall petition may be 
        circulated and submitted to the Board has expired;
          (5) The petition clearly bears on its face an 
        insufficient number of signatures to qualify for the 
        ballot; or
          (6) The petition was circulated by persons who were 
        not qualified petition circulators at the time of 
        circulation.
  (j)(1) If the Board refuses to accept the recall petition 
when submitted to it, the proposer submitting such petition to 
the Board may appeal, within 10 days after the Board's refusal, 
to the Superior Court of the District of Columbia for a writ in 
the nature of mandamus to compel the Board to accept such 
recall petition. The Superior Court of the District of Columbia 
shall expedite the consideration of the matter. If the Superior 
Court of the District of Columbia determines that the petition 
is legal in form and apparently meets the requirements 
established under this section, it shall issue an order 
requiring the Board to accept the petition as of the date of 
submission.
  (2) Should the Superior Court of the District of Columbia 
hold in favor of the proposer, it may award court costs and 
reasonable attorney's fees to the proposer.
  (k)(1) After the acceptance of a recall petition, the Board 
shall certify, within 30 calendar days after such petition has 
been filed, whether or not the number of valid signatures on 
the recall petition meets the qualifying percentage and ward 
distribution requirements established in subsection (h) of this 
section and whether or not the necessary number of signatures 
of registered qualified electors of the District of Columbia, 
properly distributed by wards, appears on the petition. This 
certification may be made by a bona fide random and statistical 
sampling method. In a case in which an officer elected from a 
ward is sought to be recalled, if a person who signs a recall 
petition for that elected officer is found not to be a 
registered qualified elector in the ward indicated on the 
petition, that name and signature shall not be counted toward 
determining whether or not the recall measure qualifies. In a 
case in which an officer elected at-large is sought to be 
recalled, if a person who signs a recall petition for that 
elected officer is found to be a registered qualified elector 
in a ward other than what was indicated on the petition sheet, 
such person shall be counted from the correct ward in 
determining whether or not a recall measure for an at-large 
elected officer qualified. In a case in which an Advisory 
Neighborhood Commissioner is sought to be recalled, if a person 
who signs a petition to recall that Advisory Neighborhood 
Commissioner is found not to be a registered qualified elector 
in the single-member district indicated on the petition, the 
person's name and signature shall not be counted toward 
determining whether or not the recall measure qualifies. If the 
Board finds that the same person has signed a petition for the 
same recall measure more than once, it shall count only 1 
signature of such person. Two persons representing the 
petitioner(s) seeking the recall and 2 persons representing the 
elected officer sought to be recalled may be present to observe 
during the counting and validating procedure.
  (2) The Board shall post, within 3 calendar days after the 
acceptance of a recall petition, whether in the normal course 
or at the direction of a court, by making available for public 
inspection in the office of the Board, the petition for the 
recall measure or facsimile. Any registered qualified elector, 
during a 10-day period (including Saturdays, Sundays, and 
holidays, except that with respect to a petition to recall a 
member of an Advisory Neighborhood Commission SMD, the 10-day 
period shall not include Saturdays, Sundays, and holidays), 
beginning on the day the recall petition was posted by the 
Board, may challenge the validity of such petition by a written 
statement duly signed by the challenger and filed with the 
Board, specifying concisely the alleged defects in the 
petition. The provisions of section 8(o)(2) shall be applicable 
to a challenge and the Board may establish any necessary rules 
and regulations consistent that concerns the process of the 
challenge.
  (3) For the purpose of verifying a signature on any petition 
filed pursuant to this section, the Board shall first determine 
that the address on the petition is the same as the residence 
shown on the signer's voter registration record. If the address 
is different, the signature shall not be counted as valid 
unless the Board's records show that the person was registered 
to vote from the address listed on the petition at the time the 
person signed the petition.
  (l) After determining that the number and validity of 
signatures in the recall petition meet the requirements 
established in this section, the Board shall certify the 
sufficiency of such recall petition and shall fix the date of a 
special election to determine whether the elected officer who 
is the subject of the recall shall be removed from his or her 
office. The Board shall conduct an election for this purpose 
within 114 days after the date the petition to recall has been 
certified as to its sufficiency. If a previously scheduled 
general, primary, or special election will occur between 54 and 
114 days after the date the petition to recall has been 
certified as to its sufficiency, the Board may present the 
recall measure at that election. In the case of a proposed 
recall of an officer elected to represent a particular ward, 
the recall election shall be conducted only in that ward. In 
the case of a proposed recall of an Advisory Neighborhood 
Commissioner, the recall election shall be conducted in one of 
the following manners unless conducted in accordance with a 
previously scheduled general, primary, or special election 
pursuant to this subsection:
          (1)(A) In the single-member district represented by 
        the Advisory Neighborhood Commissioner at the voting 
        precinct containing the majority of the registered 
        qualified electors; or
          (B) If the voting precinct is unavailable, at an 
        appropriate alternative site within the single-member 
        district;
          (2) By postal ballot by mailing by 1st class mail no 
        later than 7 days prior to the date of the election an 
        official ballot issued by the Board. The ballots shall 
        be mailed to each qualified registered elector in the 
        single-member district at the address at which the 
        elector is registered, except for those persons who 
        have made arrangements with the Board for absentee 
        voting pursuant to section 9(b)(2). The Board shall, 
        pursuant to section 5(a)(14), issue rules to implement 
        the provisions of this paragraph. The ballots shall be 
        printed with prepaid 1st class postage and shall be 
        postmarked no later than midnight of the day of the 
        election.
          (3) A special election called to consider the recall 
        of an Advisory Neighborhood Commissioner shall not be 
        considered an election for the purposes of section 
        16(p).
  (m) The Board shall place the recall measure on the ballot in 
substantially the following form:
          FOR the recall of (insert the name of the elected 
        officer and the office
          held)
          AGAINST the recall of (insert the name of the elected 
        officer and the office held)
  (n) Based on the results of the special election held to 
decide the outcome of the recall measure, the elected officer 
sought to be recalled shall be removed from that office: 
Provided, that a majority of the qualified electors voting in 
the recall election vote to remove him or her. The vacancy, as 
created by the removal, shall be filled in the same manner as 
other vacancies, as provided in Sec. Sec.  1-204.01(b)(3) and 
(d), 1-204.21(c)(2), 1-309.06(d), and 1-1001.10.

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TITLE 3, UNITED STATES CODE

           *       *       *       *       *       *       *


            CHAPTER 1--PRESIDENTIAL ELECTIONS AND VACANCIES

Sec.
1. Time of appointing electors.
     * * * * * * *
[21. Definitions.]

           *       *       *       *       *       *       *


[Sec. 21. Definitions

  [As used in this chapter the term--
  [(a) ``State'' includes the District of Columbia.
  [(b) ``executives of each State'' includes the Board of 
Commissioners of the District of Columbia.]

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                              ----------                              


TITLE 40, UNITED STATES CODE

           *       *       *       *       *       *       *


SUBTITLE II--PUBLIC BUILDINGS AND WORKS

           *       *       *       *       *       *       *


    PART D--PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF 
COLUMBIA

           *       *       *       *       *       *       *


CHAPTER 87--PHYSICAL DEVELOPMENT OF NATIONAL CAPITAL REGION

           *       *       *       *       *       *       *


SUBCHAPTER I--GENERAL

           *       *       *       *       *       *       *


Sec. 8702. Definitions

  In this chapter--
          (1) Environs.--The term ``environs'' means [the 
        territory surrounding the District of Columbia] the 
        territory surrounding the National Capital included in 
        the National Capital region.
          [(2) National capital.--The term ``National Capital'' 
        means the District of Columbia and territory the 
        Federal Government owns in the environs.]
          (2) National capital.--The term ``National Capital'' 
        means the area serving as the seat of the Government of 
        the United States, as described in section 112 of the 
        Washington, D.C. Admission Act, and the territory the 
        Federal Government owns in the environs.
          (3) National capital region.--The term ``National 
        Capital region'' means--
                  [(A) the District of Columbia;]
                  (A) the National Capital and the State of 
                Washington, Douglass Commonwealth;
                  (B) Montgomery and Prince Georges Counties in 
                Maryland;
                  (C) Arlington, Fairfax, Loudoun, and Prince 
                William Counties in Virginia; and
                  (D) all cities in Maryland or Virginia in the 
                geographic area bounded by the outer boundaries 
                of the combined area of the counties listed in 
                subparagraphs (B) and (C).
          (4) Planning agency.--The term ``planning agency'' 
        means any city, county, bi-county, part-county, or 
        regional planning agency authorized under state and 
        local laws to make and adopt comprehensive plans.

                    SUBCHAPTER II--PLANNING AGENCIES

Sec. 8711. National Capital Planning Commission

  (a) Establishment and Purpose.--The National Capital Planning 
Commission is the central federal planning agency for the 
Federal Government in the National Capital, created to preserve 
the important historical and natural features of the National 
Capital, except for the United States Capitol Buildings and 
Grounds (as defined and described in sections 5101 and 5102 of 
this title), any extension of, or additions to, those Buildings 
and Grounds, and buildings and grounds under the care of the 
Architect of the Capitol.
  (b) Composition.--
          (1) Membership.--The National Capital Planning 
        Commission is composed of--
                  (A) ex officio, the Secretary of the 
                Interior, the Secretary of Defense, the 
                Administrator of General Services, the Mayor of 
                the District of Columbia, the Chairman of the 
                Council of the District of Columbia, the 
                chairman of the Committee on Governmental 
                Affairs of the Senate, and the chairman of the 
                Committee on Government Reform of the House of 
                Representatives, or an alternate any of those 
                individuals designates; and
                  [(B) five citizens with experience in city or 
                regional planning, three of whom shall be 
                appointed by the President and two of whom 
                shall be appointed by the Mayor.]
                  (B) four citizens with experience in city or 
                regional planning, who shall be appointed by 
                the President.
          [(2) Residency requirement.--The citizen members 
        appointed by the Mayor shall be residents of the 
        District of Columbia. Of the three appointed by the 
        President, at least one shall be a resident of Virginia 
        and at least one shall be a resident of Maryland.]
          (2) Residency requirement.--Of the four citizen 
        members, one shall be a resident of Virginia, one shall 
        be a resident of Maryland, and one shall be a resident 
        of Washington, Douglass Commonwealth.
          (3) Terms.--An individual appointed by the President 
        serves for six years. An individual appointed by the 
        Mayor serves for four years. An individual appointed to 
        fill a vacancy shall be appointed only for the 
        unexpired term of the individual being replaced.
          (4) Pay and expenses.--Citizen members are entitled 
        to $100 a day when performing duties vested in the 
        Commission and to reimbursement for necessary expenses 
        incurred in performing those duties.
  (c) Chairman and Officers.--The President shall designate the 
Chairman of the National Capital Planning Commission. The 
Commission may elect from among its members other officers as 
it considers desirable.
  (d) Personnel.--The National Capital Planning Commission may 
employ a Director, an executive officer, and other technical 
and administrative personnel as it considers necessary. Without 
regard to section 6101(b) to (d) of title 41 and section 3109, 
chapters 33 and 51, and subchapter III of chapter 53, of title 
5, the Commission may employ, by contract or otherwise, the 
temporary or intermittent (not more than one year) services of 
city planners, architects, engineers, appraisers, and other 
experts or organizations of experts, as may be necessary to 
carry out its functions. The Commission shall fix the rate of 
compensation so as not to exceed the rate usual for similar 
services.
  (e) Principal Duties.--The principal duties of the National 
Capital Planning Commission include--
          (1) preparing, adopting, and amending a comprehensive 
        plan for the federal activities in the National Capital 
        and making related recommendations to the appropriate 
        developmental agencies; and
          (2) serving as the central planning agency for the 
        Government within the National Capital region and 
        reviewing the development programs of the developmental 
        agencies to advise as to consistency with the 
        comprehensive plan.
  (f) Transfer of Other Functions, Powers, and Duties.--The 
National Capital Planning Commission shall carry out all other 
functions, powers, and duties of the National Capital Park and 
Planning Commission, including those formerly vested in the 
Highway Commission established by the Act of March 2, 1893 (ch. 
197, 27 Stat. 532), and those formerly vested in the National 
Capital Park Commission by the Act of June 6, 1924 (ch. 270, 43 
Stat. 463).
  (g) Estimate.--The National Capital Planning Commission shall 
submit to the Office of Management and Budget before December 
16 of each year its estimate of the total amount to be 
appropriated for expenditure under this chapter (except 
sections 8732-8736) during the next fiscal year.
  (h) Fees.--The National Capital Planning Commission may 
charge fees to cover the full cost of Geographic Information 
System products and services the Commission supplies. The fees 
shall be credited to the applicable appropriation account as an 
offsetting collection and remain available until expended.

           *       *       *       *       *       *       *


CHAPTER 89--NATIONAL CAPITAL MEMORIALS AND COMMEMORATIVE WORKS

           *       *       *       *       *       *       *


Sec. 8901. Purposes

  The purposes of this chapter are--
          (1) to preserve the integrity of the comprehensive 
        design of the L'Enfant and McMillan plans for the 
        Nation's Capital;
          (2) to ensure the continued public use and enjoyment 
        of open space in [the District of Columbia and its 
        environs] the Capital and its environs, and to 
        encourage the location of commemorative works within 
        [the urban fabric of the District of Columbia] the 
        urban fabric of the area serving as the seat of the 
        Government of the United States, as described in 
        section 112 of the Washington, D.C. Admission Act;
          (3) to preserve, protect and maintain the limited 
        amount of open space available to residents of, and 
        visitors to, the Nation's Capital; and
          (4) to ensure that future commemorative works in 
        areas administered by the National Park Service and the 
        Administrator of General Services in [the District of 
        Columbia and its environs] the Capital and its 
        environs--
                  (A) are appropriately designed, constructed, 
                and located; and
                  (B) reflect a consensus of the lasting 
                national significance of the subjects involved.

Sec. 8902. Definitions and nonapplication

  (a) Definitions.--In this chapter:
          (1) Commemorative work.--The term ``commemorative 
        work'' means any statue, monument, sculpture, memorial, 
        plaque, inscription, or other structure or landscape 
        feature, including a garden or memorial grove, designed 
        to perpetuate in a permanent manner the memory of an 
        individual, group, event or other significant element 
        of American history, except that the term does not 
        include any such item which is located within the 
        interior of a structure or a structure which is 
        primarily used for other purposes.
          [(2) The district of columbia and its environs.--The 
        term ``the District of Columbia and its environs '' 
        means those lands and properties administered by the 
        National Park Service and the General Services 
        Administration located in the Reserve, Area I, and Area 
        II as depicted on the map entitled ``Commemorative 
        Areas Washington, DC and Environs'', numbered 869/86501 
        B, and dated June 24, 2003.]
          (2) Capital and its environs.--The term ``Capital and 
        its environs'' means--
                  (A) the area serving as the seat of the 
                Government of the United States, as described 
                in section 112 of the Washington, D.C. 
                Admission Act; and
                  (B) those lands and properties administered 
                by the National Park Service and the General 
                Services Administration located in the Reserve, 
                Area I, and Area II as depicted on the map 
                entitled ``Commemorative Areas Washington, DC 
                and Environs'', numbered 869/86501 B, and dated 
                June 24, 2003, that are located outside of the 
                State of Washington, Douglass Commonwealth.
          (3) Reserve.--The term ``Reserve'' means the great 
        cross-axis of the Mall, which generally extends from 
        the United States Capitol to the Lincoln Memorial, and 
        from the White House to the Jefferson Memorial, as 
        depicted on the map referenced in paragraph (2).
          (4) Sponsor.--The term ``sponsor'' means a public 
        agency, or an individual, group or organization that is 
        described in section 501(c)(3) of the Internal Revenue 
        Code of 1986 and exempt from tax under section 501(a) 
        of such Code, and which is authorized by Congress to 
        establish a commemorative work in [the District of 
        Columbia and its environs] the Capital and its 
        environs.
  (b) Nonapplication.--This chapter does not apply to 
commemorative works authorized by a law enacted before January 
3, 1985.
  (c) Limiting Application to Capital.--This chapter applies 
only with respect to commemorative works in the Capital and its 
environs.

Sec. 8903. Congressional authorization of commemorative works

  (a) In General.--Commemorative works--
          (1) may be established on federal lands referred to 
        in section 8901(4) of this title only as specifically 
        authorized by law; and
          (2) are subject to applicable provisions of this 
        chapter.
  (b) Military Commemorative Works.--A military commemorative 
work may be authorized only to commemorate a war or similar 
major military conflict or a branch of the armed forces. A 
commemorative work solely commemorating a limited military 
engagement or a unit of an armed force may not be authorized. 
Commemorative works to a war or similar major military conflict 
may not be authorized until at least 10 years after the 
officially designated end of such war or conflict.
  (c) Works Commemorating Events, Individuals, or Groups.--A 
commemorative work commemorating an event, individual, or group 
of individuals, except a military commemorative work as 
described in subsection (b), may not be authorized until after 
the 25th anniversary of the event, death of the individual, or 
death of the last surviving member of the group.
  (d) Consultation with National Capital Memorial Advisory 
Commission.--In considering legislation authorizing 
commemorative works in [the District of Columbia and its 
environs] the Capital and its environs, the Committee on 
Natural Resources of the House of Representatives and the 
Committee on Energy and Natural Resources of the Senate shall 
solicit the views of the National Capital Memorial Advisory 
Commission.
  (e) Expiration of Legislative Authority.--Any legislative 
authority for a commemorative work shall expire at the end of 
the seven-year period beginning on the date of the enactment of 
such authority, or at the end of the seven-year period 
beginning on the date of the enactment of legislative authority 
to locate the commemorative work within Area I, if such 
additional authority has been granted, unless--
          (1) the Secretary of the Interior or the 
        Administrator of General Services (as appropriate) has 
        issued a construction permit for the commemorative work 
        during that period; or
          (2) the Secretary or the Administrator (as 
        appropriate), in consultation with the National Capital 
        Memorial Advisory Commission, has made a determination 
        that--
                  (A) final design approvals have been obtained 
                from the National Capital Planning Commission 
                and the Commission of Fine Arts; and
                  (B) 75 percent of the amount estimated to be 
                required to complete the commemorative work has 
                been raised.
If these two conditions have been met, the Secretary or the 
Administrator (as appropriate) may extend the seven-year 
legislative authority for a period not to exceed three 
additional years. Upon expiration of the legislative authority, 
any previous site and design approvals shall also expire.

Sec. 8904. National Capital Memorial Advisory Commission

  (a) Establishment and Composition.--There is established the 
National Capital Memorial Advisory Commission, which shall be 
composed of--
          (1) the Director of the National Park Service;
          (2) the Architect of the Capitol;
          (3) the Chairman of the American Battle Monuments 
        Commission;
          (4) the Chairman of the Commission of Fine Arts;
          (5) the Chairman of the National Capital Planning 
        Commission;
          (6) the Mayor of the District of Columbia;
          (7) the Commissioner of the Public Buildings Service 
        of the General Services Administration; and
          (8) the Secretary of Defense.
  (b) Chairman.--The Director is the Chairman of the National 
Capital Memorial Advisory Commission.
  (c) Advisory Role.--The National Capital Memorial Advisory 
Commission shall advise the Secretary of the Interior and the 
Administrator of General Services (as appropriate) on policy 
and procedures for establishment of, and proposals to 
establish, commemorative works in [the District of Columbia and 
its environs] the Capital and its environs and on other matters 
concerning commemorative works in the Nation's Capital as the 
Commission considers appropriate.
  (d) Meetings.--The National Capital Memorial Advisory 
Commission shall meet at least twice annually.

Sec. 8905. Site and design approval

  (a) Consultation on, and Submission of, Proposals.--A sponsor 
authorized by law to establish a commemorative work in [the 
District of Columbia and its environs] the Capital and its 
environs may request a permit for construction of the 
commemorative work only after the following requirements are 
met:
          (1) Consultation.--The sponsor must consult with the 
        National Capital Memorial Advisory Commission regarding 
        the selection of alternative sites and design concepts 
        for the commemorative work.
          (2) Submittal.--Following consultation in accordance 
        with clause (1), the Secretary of the Interior or the 
        Administrator of General Services, as appropriate, must 
        submit, on behalf of the sponsor, site and design 
        proposals to the Commission of Fine Arts and the 
        National Capital Planning Commission for their 
        approval.
  (b) Decision Criteria.--In considering site and design 
proposals, the Commission of Fine Arts, National Capital 
Planning Commission, and the Secretary or Administrator (as 
appropriate) shall be guided by, but not limited by, the 
following criteria:
          (1) Surroundings.--To the maximum extent possible, a 
        commemorative work shall be located in surroundings 
        that are relevant to the subject of the work.
          (2) Location.--A commemorative work shall be located 
        so that--
                  (A) it does not interfere with, or encroach 
                on, an existing commemorative work; and
                  (B) to the maximum extent practicable, it 
                protects open space, existing public use, and 
                cultural and natural resources.
          (3) Material.--A commemorative work shall be 
        constructed of durable material suitable to the outdoor 
        environment.
          (4) Landscape features.--Landscape features of 
        commemorative works shall be compatible with the 
        climate.
          (5) Museums.--No commemorative work primarily 
        designed as a museum may be located on lands under the 
        jurisdiction of the Secretary in Area I or in East 
        Potomac Park as depicted on the map referenced in 
        section 8902(2).
          (6) Site-specific guidelines.--The National Capital 
        Planning Commission and the Commission of Fine Arts may 
        develop such criteria or guidelines specific to each 
        site that are mutually agreed upon to ensure that the 
        design of the commemorative work carries out the 
        purposes of this chapter.
  (c) Donor Contributions.--
          (1) Acknowledgment of donor contribution.--Except as 
        otherwise provided in this subsection, the Secretary of 
        the Interior or Administrator of General Services, as 
        applicable, may permit a sponsor to acknowledge donor 
        contributions at the commemorative work.
          (2) Requirements.--An acknowledgment under paragraph 
        (1) shall--
                  (A) be displayed--
                          (i) inside an ancillary structure 
                        associated with the commemorative work; 
                        or
                          (ii) as part of a manmade landscape 
                        feature at the commemorative work; and
                  (B) conform to applicable National Park 
                Service or General Services Administration 
                guidelines for donor recognition, as 
                applicable.
          (3) Limitations.--An acknowledgment under paragraph 
        (1) shall--
                  (A) be limited to an appropriate statement or 
                credit recognizing the contribution;
                  (B) be displayed in a form in accordance with 
                National Park Service and General Services 
                Administration guidelines;
                  (C) be displayed for a period of up to 10 
                years, with the display period to be 
                commensurate with the level of the 
                contribution, as determined in accordance with 
                the plan and guidelines described in 
                subparagraph (B);
                  (D) be freestanding; and
                  (E) not be affixed to--
                          (i) any landscape feature at the 
                        commemorative work; or
                          (ii) any object in a museum 
                        collection.
          (4) Cost.--The sponsor shall bear all expenses 
        related to the display of donor acknowledgments under 
        paragraph (1).
          (5) Applicability.--This subsection shall apply to 
        any commemorative work dedicated after January 1, 2010.

Sec. 8906. Criteria for issuance of construction permit

  (a) Criteria for Issuing Permit.--Before issuing a permit for 
the construction of a commemorative work in [the District of 
Columbia and its environs] the Capital and its environs, the 
Secretary of the Interior or Administrator of General Services, 
as appropriate, shall determine that--
          (1) the site and design have been approved by the 
        Secretary or Administrator, the National Capital 
        Planning Commission and the Commission of Fine Arts;
          (2) knowledgeable individuals qualified in the field 
        of preservation and maintenance have been consulted to 
        determine structural soundness and durability of the 
        commemorative work and to ensure that the commemorative 
        work meets high professional standards;
          (3) the sponsor authorized to construct the 
        commemorative work has submitted contract documents for 
        construction of the commemorative work to the Secretary 
        or Administrator; and
          (4) the sponsor authorized to construct the 
        commemorative work has available sufficient amounts to 
        complete construction of the project.
  (b) Donation for Perpetual Maintenance and Preservation.--
          (1) In addition to the criteria described above in 
        subsection (a), no construction permit shall be issued 
        unless the sponsor authorized to construct the 
        commemorative work has donated an amount equal to 10 
        percent of the total estimated cost of construction to 
        offset the costs of perpetual maintenance and 
        preservation of the commemorative work. All such 
        amounts shall be available for those purposes pursuant 
        to the provisions of this subsection. The provisions of 
        this subsection shall not apply in instances when the 
        commemorative work is constructed by a Department or 
        agency of the Federal Government and less than 50 
        percent of the funding for such work is provided by 
        private sources.
          (2) Notwithstanding any other provision of law, money 
        on deposit in the Treasury on the date of enactment of 
        the Commemorative Works Clarification and Revision Act 
        of 2003 provided by a sponsor for maintenance pursuant 
        to this subsection shall be credited to a separate 
        account in the Treasury.
          (3) Money provided by a sponsor pursuant to the 
        provisions of this subsection after the date of 
        enactment of the Commemorative Works Clarification and 
        Revision Act of 2003 shall be credited to a separate 
        account with the National Park Foundation.
          (4) Upon request of the Secretary or Administrator 
        (as appropriate), the Secretary of the Treasury or the 
        National Park Foundation shall make all or a portion of 
        such moneys available to the Secretary or the 
        Administrator (as appropriate) for the maintenance of a 
        commemorative work. Under no circumstances may the 
        Secretary or Administrator request funds from a 
        separate account exceeding the total money in the 
        account established under paragraph (2) or (3). The 
        Secretary and the Administrator shall maintain an 
        inventory of funds available for such purposes. Funds 
        provided under this paragraph shall be available 
        without further appropriation and shall remain 
        available until expended.
  (c) Suspension for Misrepresentation in Fundraising.--The 
Secretary of the Interior or Administrator may suspend any 
activity under this chapter that relates to the establishment 
of a commemorative work if the Secretary or Administrator 
determines that fundraising efforts relating to the work have 
misrepresented an affiliation with the work or the Federal 
Government.
  (d) Annual Report.--The person authorized to construct a 
commemorative work under this chapter must submit to the 
Secretary of the Interior or Administrator an annual report of 
operations, including financial statements audited by an 
independent certified public accountant. The person shall pay 
for the report.

Sec. 8907. Temporary site designation

  (a) Criterion for Designation.--If the Secretary of the 
Interior, in consultation with the National Capital Memorial 
Commission, determines that a site where commemorative works 
may be displayed on a temporary basis is necessary to aid in 
the preservation of the limited amount of open space available 
to residents of, and visitors to, the Nation's Capital, a site 
may be designated on land the Secretary administers in [the 
District of Columbia] the Capital and its environs.
  (b) Plan.--A designation may be made under subsection (a) 
only if, at least 120 days before the designation, the 
Secretary, in consultation with the Commission, prepares and 
submits to Congress a plan for the site. The plan shall include 
specifications for the location, construction, and 
administration of the site and criteria for displaying 
commemorative works at the site.
  (c) Risk and Agreement To Indemnify.--A commemorative work 
displayed at the site shall be installed, maintained, and 
removed at the sole expense and risk of the person authorized 
to display the work. The person shall agree to indemnify the 
United States for any liability arising from the display of the 
commemorative work under this section.

           *       *       *       *       *       *       *


Sec. 8909. Administrative

  (a) Maintenance of Documentation of Design and 
Construction.--Complete documentation of design and 
construction of each commemorative work located in [the 
District of Columbia and its environs] the Capital and its 
environs shall be provided to the Secretary of the Interior or 
Administrator of General Services, as appropriate, and shall be 
permanently maintained in the manner provided by law.
  (b) Responsibility for Maintenance of Completed Work.--On 
completion of any commemorative work in [the District of 
Columbia and its environs] the Capital and its environs, the 
Secretary or Administrator, as appropriate, shall assume 
responsibility for maintaining the work.
  (c) Regulations or Standards.--The Secretary and 
Administrator shall prescribe appropriate regulations or 
standards to carry out this chapter.

           *       *       *       *       *       *       *


CHAPTER 91--COMMISSION OF FINE ARTS

           *       *       *       *       *       *       *


Sec. 9101. Establishment, composition, and vacancies

  (a) Establishment.--There is a Commission of Fine Arts.
  (b) Composition.--The Commission is composed of seven well-
qualified judges of the fine arts, appointed by the President, 
who serve for four years each or until their successors are 
appointed and qualified.
  (c) Vacancies.--The President shall fill vacancies on the 
Commission.
  (d) Expenses.--Members of the Commission shall be paid actual 
expenses in traveling to and from [the District of Columbia] 
the Capital to attend Commission meetings and while attending 
those meetings.

Sec. 9102. Duties

  (a) In General.--The Commission of Fine Arts shall advise 
on--
          (1) the location of statues, fountains, and monuments 
        in the public squares, streets, and parks in [the 
        District of Columbia] the Capital;
          (2) the selection of models for statues, fountains, 
        and monuments erected under the authority of the 
        Federal Government;
          (3) the selection of artists to carry out clause (2); 
        and
          (4) questions of art generally when required to do so 
        by the President or a committee of Congress.
  (b) Duty To Request Advice.--The officers required to decide 
the questions described in subsection (a)(1)-(3) shall request 
the Commission to provide the advice.
  (c) Nonapplication.--This section does not apply to the 
Capitol Building and the Library of Congress buildings.
  (d) Definition.--In this chapter, the term ``Capital'' means 
the area serving as the seat of the Government of the United 
States, as described in section 112 of the Washington, D.C. 
Admission Act.

           *       *       *       *       *       *       *


CHAPTER 95--WASHINGTON AQUEDUCT AND OTHER PUBLIC WORKS IN THE DISTRICT 
                              OF COLUMBIA

Sec.
9501. Chief of Engineers.
     * * * * * * *
9508. Applicability to Capital and State of Washington, Douglass 
          Commonwealth.
     * * * * * * *

Sec. 9508. Applicability to Capital and State of Washington, Douglass 
                    Commonwealth

  (a) In General.--Effective upon the admission of the State of 
Washington, Douglass Commonwealth into the Union, any reference 
in this chapter to the District of Columbia shall be deemed to 
refer to the Capital or the State of Washington, Douglass 
Commonwealth, as the case may be.
  (b) Definition.--In this section, the term ``Capital'' means 
the area serving as the seat of the Government of the United 
States, as described in section 112 of the Washington, D.C. 
Admission Act.

           *       *       *       *       *       *       *




                             MINORITY VIEWS

    In H.R. 51, the Majority disregards the intentional design 
of the Union in a pure pursuit of partisan political power.
    Prior Views and writings on D.C. Statehood proposals by 
both Democratic and Republican Congresses, attorneys general, 
and scholars have focused on the practical and fiscal barriers 
to statehood in addition to the constitutional arguments. It is 
clear the Majority is no longer willing to entertain good faith 
questions and concerns raised by the Minority about the value 
of responsible federal spending and the ultimate readiness of 
the District to bear the financial responsibility of statehood. 
Therefore, the constitutional considerations of the Majority's 
reckless pursuit of statehood for a lavished and elevated 
District must remain the Minority's primary focus in voicing 
dissent on behalf of the national interests.
    To be clear, the District's track record with financial 
independence should not inspire confidence in its readiness for 
statehood. The Majority has continually dismissed the 
Minority's very valid concerns in claiming that the District is 
prepared to shoulder the price tag it has incurred from its 
unique position of privilege and responsibility as the nation's 
capital and seat of government. In short, the District is not 
ready for these burdens. This is most evidenced by H.R. 51's 
multiple provisions directly acknowledging the very real costs 
for essential services that will ultimately, but not 
definitively, be transferred from the federal taxpayer to the 
new state at some unspecified future date.\1\ Additionally, the 
last time the District had budget autonomy Congress had to step 
in and rescue it from fiscal ruin, keeping the city under 
Congress' watchful eye and propelling it on the economic 
trajectory it enjoys today.\2\ With statehood, these 
protections would disappear, sending the District once again 
into a financial abyss.
---------------------------------------------------------------------------
    \1\No state has entered the Union completely self-sufficient, 
unencumbered, and without need for support from the federal government. 
No state has been expected to. It is disingenuous and outright 
careless, however, to use the history of nascent states' need for 
support from the United States government as a justification for 
providing little to no explanation for how the District anticipates it 
will ever achieve any measure of self-reliance. The District is, 
fundamentally, a mid-sized city (ranked 20th among U.S. cities in terms 
of population at the time of writing), and, because of its historical 
role as a protectorate of the United States Congress, it is 
intentionally (and without fault laid upon it) without some of the 
ordinary features every other state possesses, such as a prison or an 
airport. To be sure, these features are not prerequisites to statehood, 
as the Majority has charged the Minority with asserting, but 
indications of just how unsuitable statehood is for a city that is 
limited in its natural resources and constitutionally limited to how 
far it can physically expand.
    For example, the District has no prison within its borders, and 
District prisoners are placed into the custody of the Federal Bureau of 
Prisons upon their incarceration. According to estimates, between 6,000 
and 8,000 District residents are incarcerated in federal prisons, and 
the federal government pays for that expense, which the Federal 
Register estimates to be between $34,704.12 and $36,299.25 per prisoner 
per year, based on FY 2016 and FY 2017 data. H.R. 51 provides vague 
terms about the proposed new state eventually taking responsibility for 
the price or custody of its incarcerated residents, but proponents 
provide no data or study to show when that will be. During the business 
meeting held on April 14, 2021, Rep. Higgins of Louisiana offered an 
amendment to set a timeframe for the District to define when the 
federal government could anticipate ceasing its duty to maintain these 
incarcerated District residents, but that amendment was rejected along 
party-lines, and Del. Norton responded that no other state's entrance 
into the Union was predicated upon providing such timeframes. But no 
other state has entered the union when all its prisoners were being 
funded by the federal government. The same exercise was repeated for 
issues regarding the District's pension liabilities (offered by Rep. 
Keller) and its entire judicial system (offered by Rep. Foxx). These 
payments by the federal government amount to hundreds of millions of 
dollars per year, incomparable to any aid provided to a previous new 
state, and they are a direct result of the District not having been 
designed or developed to ever become a state.
    But setting aside the limitations the District has based on its 
physical size, the various programs and privileges to which District 
residents are entitled are inextricable from the District's 
constitutional position. To expect the District to make up the billions 
of annual dollars that it receives from Congress would be unreasonable, 
but to expect the American taxpayer to continue to fund entitlements no 
other state enjoys would also be unreasonable and a violation of the 
Equal Footing Doctrine upon admission.
    For example, the District's residents can attend public 
universities around the country and pay severely discounted tuition 
under the D.C. Tuition Assistance Grant program. Under H.R. 51, this 
will eventually be assumed by the new State of Washington, Douglass 
Commonwealth, but it is unclear how the District's current income model 
could account for an expense no other state in the Union has. During 
the business meeting held on April 14, Rep. Keller introduced an 
amendment that would require a bipartisan commission to evaluate the 
actual costs for which the new state would be responsible upon 
admission, assuming (as H.R. 51 apparently does) the new state will not 
make severe, draconian cuts to the benefits its citizens enjoy. The 
Majority rejected the evaluation unanimously.
    This is only a small sampling of how the District is not, and 
cannot, be prepared to shoulder the price of statehood. In some ways, 
it is a result of the physical limitation placed on it by the 
Constitution not to exceed 100 square miles. In other ways, it is a 
result of the District's status as the domain of the United States 
Congress and the federal programs that permeate the city because of its 
status as the seat of government. In yet other ways, it is a result of 
the District's own government's historical habit of promising more to 
its residents than it can afford and turning to Congress, like no state 
can, to sort out its recklessness, as it did with the passage of the 
National Capital Revitalization and Self-Government Improvement Act of 
1997. H.R. 51 does not address these problems that are inherently 
unique to the District, and to use as a defense the aid provided to 
young states upon their respective admissions is a defense that rings 
hollow.
    \2\See, e.g., District of Columbia Financial Responsibility and 
Management Assistance Act of 1995, Pub. L. No. 104-8, 109 Stat. 142 
(1995), and National Capital Revitalization and Self-Government 
Improvement Act of 1997, Pub. L. No. 105-33, 111 Stat. 712 (1997).
---------------------------------------------------------------------------
    The Majority has shown little interest in alternatives to 
their proposal, while the Minority, on the other hand, is 
willing to engage in discussions about the merits of various 
proposals or conduct a good faith review of voting rights for 
the District and all U.S. territories. Ultimately it is not the 
Minority's responsibility to provide a sound and complete 
alternative policy proposal to the Majority's unconstitutional 
and unworkable H.R. 51.
    The Minority finds the Constitution prohibits statehood for 
the District through simple legislation for three reasons.
    First, Congress does not possess the power to divest the 
District's territory by invocation of its legislative power 
over the District, the grant to the early Congresses of the 
now-exhausted power to secure a district to serve as the ``seat 
of Government,'' or by relying on the unconstitutional cession 
of territory to Virginia in the 19th century.
    Second, H.R. 51's shrinking of the federal district to an 
absurdly small size encompassing only a small portion of the 
existing District violates the contractual understanding of 
Maryland's cession of land to the United States in 1789 in 
order to support a strong and vibrant national capital. 
Further, the size of the federal district spurns the Founders' 
vision of an independent, secure, and grand federal city to 
house the nation's capital.
    Third, the 23rd Amendment, ratified by the states in 1961, 
is a response to the issue of District participation in federal 
elections, and the terms and assumptions of the amendment 
cannot be undone through simple legislation.
    Each of these three reasons should be enough for the House 
to understand that the only way to achieve the policy goals of 
H.R. 51 is for Congress and the states to engage in the 
constitutional amendment process as the Founders intended for 
such monumental changes to the design of the Union.
    The District of Columbia is the result of the same 
deliberation that produced the Constitution and the Bill of 
Rights. A fundamental restructuring of the capital of a nation 
of states demands the use of the constitutional amendment 
process which, absent a convention, requires measured 
Congressional deliberation as well as the input and consent of 
the states. With H.R. 51, the Majority pursues a reckless 
strategy of garnering further structural political power in 
Congress and risks the likely repercussions of their actions: 
the national capital thrown into disarray and a constitutional 
crisis.
    The Minority hopes the constitutional barriers to statehood 
outlined in these views will serve a more deliberative 
legislative body or judicial court in its considerations of 
H.R. 51's merits. As a policy proposal, H.R. 51 should be 
viewed as an affront to our Nation's Framers, the Constitution, 
and the endurance of the Union.

I. CONGRESS AND THE STATES ARE REQUIRED TO ENGAGE IN THE CONSTITUTIONAL 
AMENDMENT PROCESS IF THEY SEEK TO PROVIDE AUTHORITY TO CONGRESS IT DOES 
                              NOT POSSESS

    H.R. 51 assumes Congress can reduce the size of the 
District constituting the seat of the federal government from 
its current size of 68.34 square miles to an ``enclave'' of 
less than three square miles consisting of essentially the 
National Mall, the White House, the Supreme Court, and the 
Capitol.\3\ The remainder of Washington, District of Columbia 
would be converted to the state of Washington, Douglass 
Commonwealth.\4\
---------------------------------------------------------------------------
    \3\Washington, D.C. Admission Act, H.R. 51, 117th Cong. (2021).
    \4\There are currently four states in the Union that are officially 
``commonwealths'': Kentucky, Massachusetts, Pennsylvania, and Virginia. 
The terminology does not itself differentiate the subject from a state 
and it ``does not describe or provide for any specific political status 
or relationship.'' U.S. Department of State Foreign Affairs Manual 
Volume 7--Consular Affairs, U.S. Department of State (Jan. 3, 2013).
---------------------------------------------------------------------------
    The Constitution grants Congress the power:

          To exercise exclusive Legislation in all Cases 
        whatsoever, over such District (not exceeding ten Miles 
        square) as may, by cession of particular States, and 
        the Acceptance of Congress, become the Seat of the 
        Government of the United States, and to exercise like 
        authority over all Places purchased by the Consent of 
        the Legislature of the State in which the Same shall 
        be, for the Erection of Forts, Magazines, Arsenals, 
        dock-Yards, and other Needful Buildings[.]\5\
---------------------------------------------------------------------------
    \5\U.S. Const. art. I, Sec. . 8, cl. 17.

    The Article deals with two matters: (1) the procurement and 
governance of the ``District . . . as may . . . become the Seat 
of the Government of the United States,'' and (2) the exercise 
of authority over the District's physical framework. The 
Supreme Court has held that, for those things acquired in the 
second category, Congress may dispense with them through 
retrocession or sale.\6\ However, the nature of the District 
itself is different. In Phillips v. Payne, the plaintiff argued 
the relevant distinction between the two categories is the role 
the federal government played.\7\ Under the second category, 
Congress's interest is rooted in its position as a purchaser of 
property, and therefore the interest ends simultaneously with 
the United States' ownership interest; under the first 
category, the United States did not and does not own most of 
the land in the District but, instead, exercises legislative 
power over land held by property owners. In the second case, 
then, the United States stands as proprietor; in the first 
case, the United States acts in a mere government capacity.\8\
---------------------------------------------------------------------------
    \6\S.R.A. Inc. v. Minnesota, 327 U.S. 558, 562 64 (1946).
    \7\Brief of Pl, Phillips v. Payne, 92 U.S. 105 (1875).
    \8\Id.
---------------------------------------------------------------------------
    The distinction matters because while Congress can 
certainly dispense with various infrastructure (generally 
understood to be ``personnel, buildings, and equipment''),\9\ 
some powers granted by the Constitution are not revocable. The 
Majority contends that because Congress is granted ``exclusive 
Legislation in all Cases whatsoever'' over the District and 
Congress is granted the power to ``Accept[]'' territory through 
the ``cession of particular States,'' this combination of 
authorities allows it to diminish the District that has 
``become the Seat of Government of the United States'' to a 
constitutionally untenable degree.\10\ But a grant of authority 
to govern and a grant of authority to procure territory cannot 
be combined to create an authority to divest. These are two 
separate and distinct constitutional authorities. Furthermore, 
Congress's cession of land to Virginia in the 19th century does 
not help the Majority's case because later Congressional 
actions and court disapproval deemed it de facto 
unconstitutional. A court addressing a similar cession today 
would confirm the obvious: While early Congresses had the 
authority to fulfill the Constitution's requirement to 
establish a District to serve as the seat of government, 
Congress's power to exercise ``exclusive Legislation'' over the 
District does not extend to its destruction.
---------------------------------------------------------------------------
    \9\``Infrastructure,'' Merriam-Webster Dictionary, https://
www.merriam-webster.com/dictionary/infrastructure (last accessed April 
15, 2021).
    \10\Business Meeting on ``H.R. 51: Making D.C. the 51st State'': 
Before the H. Comm. on Oversight & Reform, 117th Cong. (2021) 
[hereinafter ``H.R. 51 Business Meeting''] (statement of Rep. Jamie 
Raskin): ``And then it says that Congress shall exercise exclusive 
legislation in all cases whatsoever, so it is up to Congress to decide, 
and, you know, we have demonstrated Congress has altered the boundaries 
of the District of Columbia before for other purposes, some more 
dubious undoubtedly in the pre-Civil War politics of the 1840s.''
---------------------------------------------------------------------------

a. Statement of Congress's limited power to attain but not divest

    Congress is clearly empowered by the Constitution to 
acquire territory to form the District constituting the federal 
seat of government.\11\ Early Congresses dutifully exercised 
this power to secure territory for the formation of the federal 
district through the procurement of the current District's 
territory. Upon incrementally fulfilling the Constitution's 
requirement to acquire the federal district's lands--which 
included respective grants from Virginia,\12\ then 19 
individual proprietors along the Potomac,\13\ and finally 
Maryland\14\--Congress had acquired to the maximum possible 
degree the extent of the territory necessary to comprise a 10 
mile square federal district. It could not constitutionally 
acquire more territory, and it could not return the territory 
because of its permanence referenced in both grantor and 
grantees' inheritances. The exercise of this constitutional 
authority was complete. In sum,
---------------------------------------------------------------------------
    \11\U.S. Const. art. I, Sec.  8, cl. 17.
    \12\An Act Concerning the Territory of Columbia and the City of 
Washington, Md. Act., 1791.
    \13\March 30, 1791 Agreement of Conveyance between 19 proprietors 
and President Washington.
    \14\An Act for the Cession of Ten Miles Square, or any Less 
Quantity of Territory Within This State, to the United States, in 
Congress Assembled, for the Permanent Seat of Government, 13 Va. Stat. 
at Large (1789).

          The power of Congress over the subject-matter was 
        exhausted. Or, if it was not exhausted, it could not 
        again be exercised, because no power remained to 
        transfer the District as originally created and 
        accepted or any portion of it to any State . . . The 
        Congress, an agent of limited authority, was expressly 
        authorized to receive cessions from States of a limited 
        amount of territory to be held as a permanent seat of 
        government, but it was not authorized, expressly or 
        impliedly, to give any part of such cessions away to 
        anyone.\15\
---------------------------------------------------------------------------
    \15\Letter from Hannis Taylor to Sen. Thomas H. Carter at 4 (Jan. 
17, 1910) [hereinafter ``Taylor letter''].

    This rich history of the acquisition of the District's 
territory is illuminating. After the dissolution of the 
Continental Congress in October 1788, the First Congress 
assembled in New York on March 4, 1789.\16\ Offers were made by 
Virginia, Maryland, New Jersey, and Pennsylvania for tracts of 
land to constitute the seat of government.\17\ On September 3rd 
Rep. Benjamin Goodhue of Massachusetts stated during debate 
that ``the eastern and northern Members had made up their minds 
on the subject, and were of opinion that on the eastern banks 
of the Susquehanna Congress should fix its permanent 
residence.''\18\ On September 7th, Rep. Richard Henry Lee moved 
to amend Goodhue's resolution by substituting the ``north bank 
of the River Potomac, in the State of Maryland,'' for the 
``east bank of the river Susquehanna, in the State of 
Pennsylvania.''\19\
---------------------------------------------------------------------------
    \16\Id. at 2.
    \17\Id.
    \18\Id.
    \19\Id. at 3.
---------------------------------------------------------------------------
    The First Congress's exercise of the power to acquire a 
district to house the federal seat of government was not due to 
gaining an advantage in one house of Congress or even passing 
important legislation; the federal government needed a 
stationary capital, and the Constitution provided the means 
necessary to establish one through Article I, Section 8, Clause 
17. The Residence Act became law on July 16, 1790, and allowed 
for a District ``not exceeding ten miles square'' to be 
established ``on the river Potomac, at some place between the 
mouths of the Eastern Branch and Connogochegue'' and that 
Congress ``accepted for the permanent seat of the government of 
the United States.''\20\ The Act directed the President to 
appoint and direct three commissioners who would ``survey and 
by proper metes and bounds define the limit a district of 
territory . . . [which] shall be deemed the district accepted 
by this act, for the permanent seat of the government of the 
United States.''\21\ Therefore, on March 30, 1791, President 
George Washington established by proclamation the boundaries of 
the District, and so the permanent seat of the nation's 
government.\22\
---------------------------------------------------------------------------
    \20\1 Stat. 130.
    \21\Id.
    \22\Proclamation by the President, 30 March 1791. (``Beginning at 
Jones Point, being the upper cape of Hunting Creek, in Virginia, and at 
an angle in the outset of 45 degrees west of the north, and running in 
a direct line 10 miles for the first line; then beginning again at the 
same Jones Point, and running another direct line at a right angle with 
the first across the Potomac 10 miles for the second line; then from 
the terminations of the said first and second lines running two other 
direct lines of 10 miles each, the one crossing the Eastern Branch 
aforesaid and the other the Potomac, and meeting each other in a point.
---------------------------------------------------------------------------
        Southwestern side, 10 miles 230.6 feet.
        Northeastern side, 10 miles 263.1 feet.
        Southeastern side, 10 miles 70.6 feet.
        Northwestern side, 10 miles 63 feet.'') [hereinafter 
      Washington Proclamation]
    It is widely understood the Constitution grants Congress 
powers that are exercisable through legislation but 
irreversible by subsequent legislation. For instance, Congress 
is empowered by the provisions of Article IV, Section 3 to 
admit new states. However, there is no stated or assumed 
Constitutional Congressional power for the expulsion of a 
state. Once admitted into the Union, the bond between the state 
and the Union is ``indissoluble.''\23\ As held in White, the 
admission is ``final,'' and ``There [is] no place for 
reconsideration, or revocation, except through revolution, or 
through consent of the States.'' There is no provision in the 
Constitution prohibiting Congress from ejecting a state from 
the Union; there is no provision in the Constitution 
prohibiting Congress from diminishing the district constituting 
the seat of government. However, the permanence of the national 
capital is as ironclad as the Union, and while both were tested 
in the 19th Century through cession and secession, 
respectively, the Constitution's silence on permanence does not 
imply impermanence.
---------------------------------------------------------------------------
    \23\Texas v. White, 7 Wall. 700, 726 (1868).
---------------------------------------------------------------------------

b. Previous Cession of District Territory

    The Majority has on occasion pointed to the cession\24\ of 
District territory to Virginia in 1846 (which accounts for the 
District's current westward boundaries stopping along the 
Potomac River).\25\ However, the cession to Virginia should not 
bolster the argument that Congress is empowered to further 
shrink the already small District to a shred of the originally 
intended territory and convert the remaining land into a state 
on equal footing with the other fifty states in the Union.\26\ 
The 1846 Virginia cession of land did not undergo a legal 
challenge until after the issue was excluded from judicial 
intervention due to timeliness.\27\ To be clear, the Supreme 
Court has never ruled on the merits of the cession of land to 
Virginia in 1846, but it would fall squarely under the Court's 
original jurisdiction to address today a similar attempt at 
cession to Maryland (under the pretense of retrocession) or for 
purposes of forming a new state and reducing the size of the 
federal district (as attempted by H.R. 51).
---------------------------------------------------------------------------
    \24\The term ``cession'' (and its derivations) is used in these 
Views instead of what is often called a ``retrocession.'' It is the 
opinion of the Majority that the term ``retrocession'' implies that 
Virginia had a continuing interest in the land at issue between the 
time of its cession to Congress of what then became Alexandria Country, 
District of Columbia and Congress's subsequent cession to Virginia of 
the same land by an act of Congress on July 9, 1846, which would 
eventually become most of Arlington County, VA and the independent city 
of Alexandria, VA. In this use, ``retrocession,'' then implies that the 
natural conveyance of a territory upon relinquishment is to the 
original conveyor. However, this is not supported by historical or 
legal precedent in property or contract law. Because of the terms of 
the Virginia cession in 1789, it is clear that the grant of territory 
was in fee simple, and Virginia had no better claim to the territory to 
it than another state (its contiguity meaning little upon examination 
of noncontiguous arrangements of states such as the former York County, 
Massachusetts or Michigan's Upper Peninsula). Congress's action, then, 
in 1846 was a simple (and unconstitutional) gift (necessarily without 
consideration) of federal land to Virginia.
    \25\H.R. 51 Business Meeting at 25: ``They saw no problem with 
altering the boundaries of the District of Columbia, nor was there any 
problem in 1846 when a third of the District was yielded back, 
retroceded to Virginia.'' (statement of Rep. Raskin).
    \26\Id. at 131: ``Some people would say that the District itself is 
a speck on the map today.'' (statement of Rep. Raskin).
    \27\Phillips v. Payne, 92 U.S. 130, 134 (1875).
---------------------------------------------------------------------------
    As a practical matter, the difference between how the 
Virginia-granted land and Maryland-granted land was used by the 
early District helps explain how the 1846 Virginia cession was 
justified. The Residence Act was amended on March 3, 1791 to 
allow for the incorporation of the town of Alexandria on the 
Virginia side of the Potomac.\28\ To protect George 
Washington's personal holdings in and around Alexandria--
including Mount Vernon's location seven miles downstream--the 
amendment provided that ``nothing herein contained, shall 
authorize the erection of the public buildings otherwise than 
on the Maryland side of the river Potomac.''\29\ This had a 
significant effect and the Virginia-granted land became 
uncultivated and ignored. Later the District plan delivered in 
1791 by Major Pierre Charles L'Enfant to George Washington 
completely left out the over-thirty square miles of territory 
constituting the District's southwestern quadrant.\30\
---------------------------------------------------------------------------
    \28\1 Stat. 214.
    \29\Id.
    \30\See, e.g., View of the City of Washington in 1792, Library of 
Congress (early 1800s).
---------------------------------------------------------------------------
    The Residence Act's restrictions resulted in neglect of the 
Virginia-side District territory and therefore motivated the 
1846 return of land originally granted by Virginia to the 
United States in 1789. Indeed, the Act ceding the land to 
Virginia recognized the foregone state of the Virginia-side 
territory: ``Whereas, no more territory ought to be held under 
the exclusive legislation given to Congress over the District 
which is the seat of the General Government than may be 
necessary and proper for the purposes of such a seat; and 
whereas, experience hath shown that the portion of the District 
of Columbia ceded to the United States by the State of Virginia 
has not been, nor is ever likely to be necessary for that 
purpose[,]'' Congress deemed the grant back to Virginia to be 
justified.\31\
---------------------------------------------------------------------------
    \31\9 Stat. 35.
---------------------------------------------------------------------------
    However, the implication of the Act's precatory language is 
that the District on the Maryland-side of the Potomac was in 
fact ``necessary for th[e] purpose'' of serving as the seat of 
government. Proponents of ceding land to create a new state do 
not try to argue that the land they would make a state is not 
being used by and for the purposes of supporting the federal 
government. And, as Attorney General Robert F. Kennedy said,

          The constitutional considerations applicable to a 
        reduction in the size of the District by about one-
        third, through retrocession of a portion of the 
        District which was not and was not expected to be an 
        integral part of the Federal City, are very different 
        from the considerations applicable to a retrocession of 
        96 percent of the area and substantially the entire 
        population of the present Federal City.\32\
---------------------------------------------------------------------------
    \32\Legal Memorandum of United States Att'y Gen. Robert F. Kennedy 
on District of Columbia Retrocession and Related Statehood Proposals, 
350 (1963) [hereinafter Kennedy Memo].

The legislative history clearly shows that the 1846 Virginia 
cession and reduction of District territory by the Twenty-Ninth 
Congress has been held as a mistake by later Congresses.
    In 1803, twelve years after the District was established, 
considerable debate was devoted to the idea of ``retroceding'' 
territory to Maryland and Virginia.\33\ The legislative 
proposal was rejected 66-26.\34\ In 1846, the Senate Committee 
on the District of Columbia recommended against passage of the 
bill enabling the cession, finding it flatly 
unconstitutional.\35\ Against these objections, Congress 
allowed the grant to go forward, and Virginia was returned the 
land it had bequeathed to the United States in 1789.\36\ 
President Abraham Lincoln proposed restoring Alexandria to the 
District in 1861, but Congress was bogged down by the Civil War 
and Lincoln's untimely death shortly after the war did not 
allow him to pursue this endeavor.\37\
---------------------------------------------------------------------------
    \33\12 Annals of Congress, pp. 486-491, 493-507.
    \34\Id.
    \35\15 Congressional Globe, pp. 985-86 (1846).
    \36\9 Stat. 35.
    \37\Abraham Lincoln, First Annual Message (Dec. 3, 1861) (``. . . 
the extension of this District across the Potomac River at the time of 
establishing the capital here was eminently wise, and consequently the 
relinquishment of that portion of it which lies within the State of 
Virginia was unwise and dangerous. I submit for your consideration the 
expediency of regaining that part of the District and the restoration 
of the original boundaries thereof through negotiations with the State 
of Virginia.'').
---------------------------------------------------------------------------
    In 1867, the House of Representatives approved by a vote of 
111-28 a bill repealing the 1846 ``retrocession'' on the stated 
grounds that it was unconstitutional.\38\ The bill did not 
proceed in the Senate, ``presumably because it was felt that 
decision as to the constitutionality of the retrocession to 
Virginia was properly a matter for the Courts.''\39\ Though in 
Phillips v. Payne the court declined to rule on the merits of 
the grant due to staleness and reliance interests, it was the 
opinion of Congress and the Court itself that the issue of 
Virginia cession is not immune from becoming a ``case or 
controversy'' subject to review by the judicial branch.\40\

c. Justiciability of District Statehood

    The Constitution does not address the admission of the 
district serving as the seat of government into the Union.\41\ 
Therefore, H.R. 51 does not attempt to admit a state into the 
Union through any process squarely in the domain of Congress. 
The judicial branch has not ruled on an admission of a state 
that both fundamentally changes the constitutional framework 
with the treatment of the federal district and also implicitly 
establishes a new authority of Congress to diminish the federal 
capital. The Majority has casually dismissed these serious 
constitutional issues raised by the Minority in legislative 
debate as ``political questions.''\42\
---------------------------------------------------------------------------
    \38\77 Congressional Globe, pp. 26, 32 (1867).
    \39\Id.
    \40\U.S. Const. art. III, Sec.  2.
    \41\The Constitution's guidance on admission is the limited 
language in Article IV: ``New States may be admitted by the Congress 
into this Union but no new State shall be formed or erected within the 
jurisdiction of any other State; nor any State be formed by the 
Junction of two or more States, or Parts of States, without the Consent 
of the Legislatures of the States concerned as well as Congress.'' U.S. 
Const. art. IV, Sec.  3. However, to assert that Congress' power of 
admission is otherwise absolute is a flawed argument. Congress could 
not admit a sovereign nation, for example, even though it has no 
``[l]egislature of the State[].''
    \42\H.R. 51 Business Meeting at 24: ``We should all be clear that 
the admission of new States is in the very mainstream of American 
political and constitutional development. It is both a fundamental 
imperative for democratic rights and equality, and it is also a 
political question, and it has always been a political question in 
American history. And the Supreme Court has been clear that it is a 
political question in the legal sense, too. It is totally up to 
Congress.'' (statement of Rep. Raskin).
---------------------------------------------------------------------------
    The court has affirmed that it is ``the province and duty 
of the judicial department to say what the law is.''\43\ 
Exceptions to this judicial duty exist under the political 
question doctrine. Pursuant to that doctrine, the court lacks 
authority to decide a dispute because there is a ``textually 
demonstrable constitutional commitment of the issue to a 
coordinate political department; or a lack of judicially 
discoverable and manageable standards for resolving it.''\44\ 
The case of statehood for the federal district triggers neither 
of these factors.
---------------------------------------------------------------------------
    \43\Marbury v. Madison, 5 U.S. 137 (1803).
    \44\Baker v. Carr, 369 U.S. 186, 217 (1962).
---------------------------------------------------------------------------
    United States v. Texas is instructive.\45\ In that case, 
the court drew a distinction between boundary disputes between 
independent nations and boundary disputes between the U.S. 
government and a state or between two states.\46\ The former 
case constituted a political question that was not susceptible 
to judicial determination, while the latter cases represented a 
case that was justiciable.\47\ The court stated:
---------------------------------------------------------------------------
    \45\United States v. Texas, 143 U.S. 621 (1892).
    \46\Id. at 639.
    \47\Id. at 638-39.

          We can not assume that the framers of the 
        Constitution, while extending the judicial power of the 
        United States to controversies between two or more 
        States of the Union, and between a State of the Union 
        and foreign states, intended to exempt a State 
        altogether from suit by the General Government. They 
        could not have overlooked the possibility that 
        controversies capable of judicial solution might arise 
        between the United States and some of the States, and 
        that the permanence of the Union might be endangered if 
        to some tribunal was not entrusted the power to 
        determine them according to the recognized principles 
        of law.\48\
---------------------------------------------------------------------------
    \48\Id. at 645.

    While the Majority is correct that the Constitution grants 
Congress the power to admit states, the fundamental change in 
the constitutional framework attempted by H.R. 51 does indeed 
endanger ``the permanence of the Union'' by threatening, for 
example, the stability of presidential elections, as described 
in Section III. And while the Majority is again correct that 
Congress exercises sole legislative control of the District, it 
cannot act under the cover of legislative power over the 
District--as derived from Article I, Section 8, Clause 17--when 
such action inherently affects the constitutional order. If 
that were not the case, there would have been no need to go 
through the arduous process of constitutional amendment to 
grant the District representation in presidential elections in 
1961.

       II. CONGRESS AND THE STATES ARE REQUIRED TO ENGAGE IN THE 
  CONSTITUTIONAL AMENDMENT PROCESS IF THEY SEEK TO ALTER THE ORIGINAL 
                      MEANING OF THE CONSTITUTION

    Proponents of H.R. 51 discount the symbolic and historical 
significance of a national capital that was intentionally 
created to serve as the central point in the Constitution's 
federation of states as a Union, and not as a mere center of 
trade, commerce, or accumulation of a nation's wealth. The 
District was designed to support a newly designed Republic in 
stark contrast to the ruling model of the European capitals--
products of historical accumulations of commercial or 
aristocratic power--with which the Founders were intimately 
familiar and had just fought a hard earned revolution 
explicitly rejecting. As articulated by Rep. Alexander White of 
Virginia:

          [M]odern policy has obliged the people of European 
        countries, (I refer particularly to Great Britain,) to 
        fix the seat of Government near the centre of trade. It 
        is the commercial importance of the city of London 
        which makes it the seat of Government; and what is the 
        consequence? London and Westminster, though they united 
        send only six members to Parliament, have a greater 
        influence on the measures of Government than the whole 
        empire besides. This is a situation in which we never 
        wish to see this country placed.\49\
---------------------------------------------------------------------------
    \49\2 Annals of Cong. 1661 (1790).

    But the grandiosity, importance, and size of those capitals 
was not to be foregone on account of the District's physical 
embodiment of the Founding Era's embrace of Enlightenment 
ideals. By enlisting the genius of Pierre Charles L'Enfant, the 
city was envisioned as a grand physical ode to match the 
liberation the American people had fought for in 1776 and later 
organized in 1789. By starting fresh, the District would be 
---------------------------------------------------------------------------
designed to highlight and accommodate the Republic:

          ``[T]he whole city was planned with a view to the 
        reciprocal relations that should be maintained among 
        public buildings. Vistas and axes; sites for monuments 
        and museums, parks and pleasure gardens; fountains and 
        canals--in a word, all that goes to make a city a 
        magnificent and consistent work of art were regarded as 
        essential.''\50\
---------------------------------------------------------------------------
    \50\Caemmerer, Washington, The National Capital 25 (1932) (S. Doc. 
No. 442, 71st Cong., 3d Sess. (1931).

    H.R. 51 does away with this heritage and plan. Instead of a 
thriving city with a unique function in the American system of 
government, the heart of the city is extracted, and the 
remaining lands are converted into a state smaller than some 
state parks. The Founders' intentions, as laid forth in the 
plan in the Constitution, for a District that is both permanent 
and significant cannot be legislated away so easily.

a. Permanence of the District in Early Congressional Records and 
        Documents

    Simply, the creation of the federal district was an 
exercise in contract law. In exchange for a promise to create a 
permanent seat of government, the United States induced 
Virginia, Maryland, and private proprietors to grant land along 
the Potomac. ``Thus it was that four parties entered into a 
quadrilateral contract which passed, upon its execution, under 
the protection of section 10 of Article I of the Constitution, 
which provides that no State shall `pass any bill of attainder, 
ex post facto law, or law impairing the obligation of 
contracts.''\51\
---------------------------------------------------------------------------
    \51\Taylor letter, supra note 15, at 7.
---------------------------------------------------------------------------
    In December 1789, Virginia passed an act allowing for the 
territory to be:

          a tract of country, not exceeding ten miles square, 
        or any lesser quantity to be located within the limits 
        of this State and in any part thereof as Congress may 
        by law direct, shall be and the same is forever ceded 
        and relinquished to the Congress and Government of the 
        United States, in full and absolute right and 
        jurisdiction, as well of soil as of persons residing or 
        to reside thereon, pursuant to the tenor and effect of 
        the eighth section of the first article of the 
        Constitution of the Government of the United 
        States.\52\
---------------------------------------------------------------------------
    \52\An Act for the Cession of Ten Miles Square, or any Less 
Quantity of Territory Within This State, to the United States, in 
Congress Assembled, for the Permanent Seat of the General Government, 
13 Va. Stat. at Large (emphasis added).

    On the same day as President Washington's proclamation of 
the District's boundaries,\53\ 19 local proprietors executed an 
agreement with the President that exchanged their land along 
the Potomac for payment by the public.\54\ In trust deeds 
executed in June of 1791, the 19 proprietors conveyed the lands 
with the explicit purpose of being ``for a federal city, with 
such streets, squares, parcels, and lots as the President of 
the United States for the time being shall approve . . . 
appointed by virtue of the act of Congress entitled `An act for 
establishing the temporary and permanent seat of the Government 
of the United States,' and their successors, for the use of the 
United States forever.''\55\
---------------------------------------------------------------------------
    \53\Washington Proclamation, supra note 22.
    \54\Taylor letter at 8 (emphasis added).
    \55\Id.
---------------------------------------------------------------------------
    Maryland took action as early as December 23, 1788 to 
express the good intentions of the legislature,\56\ but no 
further action was taken until 1791 when it then made clear 
that the grant is enacted ``according to the act of Congress 
for establishing the temporary and permanent seat of the 
Government of the United States.''\57\
---------------------------------------------------------------------------
    \56\An Act to cede to Congress a district of 10 miles square in 
this State (Maryland) for the seat of the Government of the United 
States, 1789. (``Be it enacted by the general assembly of Maryland, 
That the Representatives of this State in the House of Representatives 
of the Congress of the United States, appointed to assemble at New York 
on the first Wednesday of March next, be, and they are hereby, 
authorized and required, on behalf of this State, to cede to the 
Congress of the United States any district in this State not exceeding 
10 miles square, which the Congress may fix upon and accept for the 
seat of government of the United States.'').
    \57\An Act Concerning the Territory of Columbia and the City of 
Washington, Md. Act, 1791.
---------------------------------------------------------------------------
    In summary, the two states and the private conglomerate of 
proprietors exchanged land for the promise that the grants 
would be used for a perpetual capital of the federal 
government.\58\ Contracts, then, were formed between the United 
States and Maryland, the 19 proprietors, and Virginia.\59\ To 
breach the contracts would require return of the grants to 
Maryland and H.R. 51 would necessarily require consent from the 
Maryland legislature to change the terms of the contract. As 
Hannis Taylor writes: ``Congress was powerless to force any 
State to make a cession . . . The means, and the only means, 
Congress saw fit to employ to accomplish a vitally important 
end was the promise, made in the act of July 16, 1790, that the 
seat of government to be located on the cessions should be 
`permanent.'''\60\
---------------------------------------------------------------------------
    \58\In addition, the 19 proprietors, by the terms of their 
agreement, recognized the additional, related consideration ``of the 
great benefits we expect to derive from having the federal city laid 
off upon our lands.'' Original agreement between the 19 proprietors and 
President Washington (March 30, 1791). Similarly, the argument has been 
made by Mr. Hannis Taylor that since Congress breached the contract 
with Virginia and revoked its consideration, it in turn breached the 
contract with Maryland. The Minority does not hold the agreements as a 
single contract but separate (and subject to individual breach). But 
partial payment has long been settled law, and best explained by Sir 
Edward Coke: ``Payment of a lesser sum on the day in satisfaction of a 
greater, cannot be any satisfaction for the whole, because it appears 
to the Judges that by no possibility, a lesser sum can be a 
satisfaction to the plaintiff for a greater sum: but the gift of a 
horse, hawk, or robe, etc. in satisfaction is good. For it shall be 
intended that a horse, hawk, or robe, might be more beneficial to the 
plaintiff than the money.'' Pinnel's Case (1602) 5 Co. Rep. 117a.
    \59\See, e.g., Trustees of Dartmouth Coll. v. Woodward, 17 U.S. 518 
(1819) (``What is a contract? It may be defined to be a transaction 
between two or more persons, in which each party comes under an 
obligation to the other and each reciprocally acquires a right to 
whatever is promised by the other . . . [I]t is well obvious that every 
feoffment, gift, grant, agreement, promise, &c., may be included, 
because in all there is a mutual consent of the minds of the parties 
concerned in them, upon an agreement between them respecting some 
property or right that is the object of the stipulation . . . [T]he 
ingredients requisite for form a contract are, parties, consent, and an 
obligation to be created or dissolved; these must all concur, because 
the regular effect of all contracts is, on one side, to acquire, and on 
the other, to part with, some property or rights, or to abridge or to 
restrain natural liberty, by binding the parties to do, or restraining 
them from doing, something which before they might have done or 
omitted.'') (Internal citations removed.).
    \60\Hannis letter at 6.
---------------------------------------------------------------------------
    The historical record of the District's formation is 
clearly aligned with the Constitution and the Founders' 
intention for the District to be permanent. The drafters of the 
Residence Act of 1790 did not include the reference to 
permanence lightly or accidently. When Rep. James Madison of 
Virginia moved to strike the word ``permanent'' from the Act, 
he was voted down. ``[T]hus we have a legislative 
interpretation, practically contemporaneous, to the effect that 
the Constitution intended to confer upon Congress to make the 
seat of government permanent.''\61\ The Founders, the states, 
and the documents that account for those parties' transactions 
make their intentions for the permanence of the District 
foundational.
---------------------------------------------------------------------------
    \61\Id.
---------------------------------------------------------------------------
    H.R. 51 proponents view the District as malleable and do 
not account for how the Founders intended the District to 
exist. While one Member has reminded the Minority that the 
Constitution ``sets a ceiling but not a floor'' for the size of 
the District, this displays a fundamental misunderstanding for 
the original intention of including such a ``ceiling'' in the 
Constitution at all: to guide the first Congress in 
establishing a permanent federal District.\62\
---------------------------------------------------------------------------
    \62\H.R. 51 Business Meeting at 132: ``It sets a ceiling but not a 
floor.'' (statement of Rep. Raskin).
---------------------------------------------------------------------------

b. The Founders' Vision of the District

    The district constituting the seat of government of the 
United States was of a singular fascination to the Founders. 
From its location to its size to its architectural character, 
the notion that the status of the District today is somehow an 
oversight of the Founders is not a serious argument.
    In terms of size, the Continental Congress first proposed 
to establish a capital no less than three miles square and no 
more than six miles square.\63\ Ultimately, the Founders' plans 
for the district that would hold the seat of government led 
them to expand the Constitution's limit for the district to 10 
miles square.\64\
---------------------------------------------------------------------------
    \63\XXV Journals of the Continental Congress 603 (Sept. 22, 1783).
    \64\The less than three square miles which H.R. 51 would retain as 
the district constituting the seat of government for a nation of nearly 
350 million people contrasts markedly with the initial proposal of an 
area of from 9 to 36 square miles, revised to 100 square miles, for a 
nation which then had less than 4 million persons.
---------------------------------------------------------------------------
    The District is not fundamentally flawed or operating in a 
way contrary to the Founders' intentions. But it also is not 
and cannot be a candidate for statehood. It was never designed 
to be. As Attorney General Edwin Meese stated:

          The states of the American Union are more than merely 
        geographic entities: Each is what has been termed ``a 
        proper Madisonian society''--a society composed of a 
        ``diversity of interests and financial independence.'' 
        It is this diversity which guards the liberty of the 
        individual and the rights of minorities. As Madison 
        wrote, ``the security for civil rights...consists in 
        the multiplicity of interests...The degree of 
        security...will depend on the number of interests...and 
        this may be presumed to depend on the extent of country 
        and number of people comprehended under the same 
        government.''
          The District of Columbia lacks this essential 
        political requisite for statehood. It has only one 
        significant ``industry'', government. As a result, the 
        District has one monolithic interest group, those who 
        work for, provide services to, or otherwise deal with, 
        the federal government. The national government was, 
        historically, the city's only reason for being.\65\
---------------------------------------------------------------------------
    \65\U.S. Dept. of Justice, Report to the Attorney General: The 
Question of Statehood for the District of Columbia (Apr. 3, 1987). 
[hereinafter Meese Memo]

    Nonetheless, the capital city was not envisioned to be 
small. In fact, Pierre Charles L'Enfant envisioned a city along 
the Potomac that would have a population equal to Paris at the 
time, a city of about 800,000 people in 1800, which is slightly 
larger than the District's population today.\66\
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    \66\Caemmerer, Washington, The National Capital 29 (1932) (S. Doc. 
No. 332, 71st Cong., 2d sess. (1931)).
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    The location and nature of the federal district was one of 
the most contentious issues the Founders debated. How the 
nation's seat of government would function as a city apart from 
the states is a question that was deliberately, not 
accidentally, settled by the Founders. They were aware a large 
urban area would eventually surround the seat of government 
and, necessarily, residents of that urban area would lack 
residency in any state. As a demonstration of their 
forethought, the Founders even seriously contemplated the 
option of converting an existing city into the federal 
district. New England and other non-Southern states were in 
favor at various times of either Philadelphia or New York 
becoming the nation's capital.\67\
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    \67\Kenneth Bowling, The Creation of Washington, D.C.: The Idea and 
Location of The American Capital 206 (1991).
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    The Founders understood the Constitution to deny 
congressional representation to the District. Indeed, at the 
New York Constitutional Convention, Alexander Hamilton offered 
an amendment to the proposed constitution that would have 
allowed District residents to secure representation in Congress 
once they grew to a reasonable size.\68\ On July 22, 1788, 
Hamilton asked that the District Clause be amended to mandate 
that ``When the Number of Persons in the District of Territory 
to be laid out for the Seat of the Government of the United 
States, shall according to the Rule for the Apportionment of 
Representatives and direct Taxes Amount to [blank, a figure 
Hamilton sought to insert later] such District shall cease to 
be parcel of the State granting the Same, and Provision shall 
be made by Congress for their having a District Representation 
in that Body.''\69\ But that amendment to the Constitution was 
rejected. Consequently, it is clear the Framers considered and 
rejected granting congressional representation to the District 
in the Constitution.
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    \68\5 The Papers of Alexander Hamilton 189 (Harold C. Syrett & 
Jacob E. Cooke eds., 1962).
    \69\Id.
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    The creation of a community separated from the states 
created independence from the other states. If this deliberate 
arrangement were now revisited with the District being morphed 
into a state, the necessary balance of power among the states 
would be threatened. This would also elevate the District above 
the other states. As Attorney General Meese said:

          If the District of Columbia were admitted to 
        statehood, it would not be one state among many. 
        Because it is the national capital, the District would 
        be primus inter pares, first among equals. The ``State 
        of Columbia . . . could come perilously close to being 
        the state whose sole business is to govern, to control 
        all the other states. It would be the imperial state; 
        it would be `Rome on the Potomac.'''\70\
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    \70\Meese Memo.

    The creation of a state from the ruins of the District 
would certainly lead to unintended constitutional entanglement. 
Every foreign embassy would be outside the limits of the newly 
configured federal district, leading nations to negotiate basic 
services with a state instead of the United States government, 
in direct conflict with the Constitution's requirement that 
such affairs be handled by the federal government.\71\ The 
state surrounding the federal district would control all three 
branches' water and electricity supply, their waste disposal, 
and other basic services. The seat of government would have no 
territory to maintain proper defensive positions (in direct 
conflict with Article I, Section 8's requirement that Congress 
obtain such fortifications for the protection of the 
district).\72\
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    \71\See U.S. Const. art. I Sec.  10 cl. 3.
    \72\``. . . for the Erection of Forts, Magazines, Arsenals, dock-
Yards, and other needful Buildings,'' U.S. Const. art. I Sec.  8 cl. 
17.
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      III. CONGRESS AND THE STATES ARE REQUIRED TO ENGAGE IN THE 
  CONSTITUTIONAL AMENDMENT PROCESS IF THEY SEEK TO REPEAL A PREVIOUS 
                        CONSTITUTIONAL AMENDMENT

          ``It cannot be presumed, that any clause in the 
        Constitution is intended to be without effect.''
                           --Marbury v. Madison\73\
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    \73\Marbury v. Madison, 5 U.S. 137, 174 (1803).

          ``[T]he Constitution does not permit Congress to take 
        action which would reduce the 23d amendment to an 
        absurdity.''
           --Attorney General Robert F. Kennedy\74\
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    \74\Kennedy Memo, supra note 32.

          ``There would be nothing unconstitutional about three 
        electors in the residual District of Columbia, it would 
        just be ridiculous. It would be absurd.''
                            --Rep. Jamie Raskin\75\
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    \75\H.R. 51 Business Meeting at 114 (statement of Rep. Raskin).

    The debate about the citizens of Washington D.C.'s 
participation in national elections is not new. Not only has 
the question been raised before, it has already been addressed 
through constitutional amendment. The relevant provision in the 
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Constitution states:

          Sec. 1--
          The District constituting the seat of Government of 
        the United States shall appoint in such manner as 
        Congress may direct:
          A number of electors of President and Vice President 
        equal to the whole number of Senators and 
        Representatives in Congress to which the District would 
        be entitled if it were a State, but in no event more 
        than the least populous State; they shall be in 
        addition to those appointed by the States, but they 
        shall be considered, for the purposes of the election 
        of President and Vice President, to be electors 
        appointed by a State; and they shall meet in the 
        District and perform such duties as provided by the 
        twelfth article of amendment.
          Sec. 2--
          The Congress shall have power to enforce this article 
        by appropriate legislation.\76\
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    \76\U.S. Const. amend. XXIII.

    The 23rd Amendment was proposed by Congress in 1960 through 
the requisite 2/3 votes in both houses. It was ratified by the 
requisite 3/4 states in the Union in 1961. The Amendment was 
motivated by the arguments that are made today in support of 
proposals such as H.R. 51. The House Committee on the 
Judiciary, at the time controlled by a Democratic majority, 
---------------------------------------------------------------------------
reported to the House:

          District citizens have all the obligations of 
        citizenship, including the payment of Federal taxes, of 
        local taxes, and service in our Armed ForcesThe Yet, 
        they cannot now vote in national elections because the 
        Constitution has restricted that privilege to citizens 
        who reside in States. The resultant constitutional 
        anomaly of imposing all the obligations of citizenship 
        without the most fundamental of its privileges, will be 
        removed by this proposed constitutional amendment.\77\
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    \77\Report on the Twenty-Third Amendment, H. Comm. on the Judiciary 
(Jun. 9, 1960) (emphasis added). [hereinafter 1960 Judiciary Report]

    The 23rd Amendment embodies the procedural value of 
adhering to the constitutional amendment process: recognize a 
perceived flaw in the original text of the Constitution, 
deliberate and compromise to reach a necessarily bipartisan 
consensus in Congress, garner support for the amendment among 
the American people, and ratify it through state legislatures. 
The bar is intentionally high: an amendment, like the rest of 
the Constitution, is intended to be an obstruction to repeal by 
---------------------------------------------------------------------------
a future whim of Congress. Attorney General Kennedy said:

          Congress does not lightly invoke the process of 
        constitutional amendment. Accordingly, when the 
        resolution proposing the 23d amendment was under 
        consideration, Congress considered carefully the 
        availability of any alternative means of achieving its 
        objecting of giving the residents of Washington, D.C. 
        an equitable voice in the election of the President and 
        Vice President. The legislative history shows clearly 
        that Congress considered the feasibility and legality 
        of legislation either admitting the District of 
        Columbia as a new State, or retroceding it to Maryland. 
        Both alternatives were explicitly considered and 
        rejected in the report of the House Committee on the 
        Judiciary[.]\78\
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    \78\Kennedy Memo, supra note 32.

    Two generations after the passage of the 23rd Amendment, 
the Majority seeks to change the terms that were struck between 
Congress and the states regarding the District's role in 
federal elections. H.R. 51 attempts to legislate around the 
barriers that foreclose statehood, but it is impossible to 
either legislate a constitutional amendment away or 
intentionally create a constitutional conundrum as a threat to 
force passage of an amendment in the future.
    During the business meeting meant to propose amendments to 
H.R. 51, the Minority offered several amendments to help 
mitigate the damage H.R. 51 will do to federal elections 
without an outright repeal of the 23rd Amendment. Each of these 
good faith amendments was rejected by the Majority along a 
party-line vote.\79\
---------------------------------------------------------------------------
    \79\These amendments included: 1) Requiring repeal of the 23rd 
Amendment prior to enactment (Rep. Comer); 2) Requiring the new state 
to assume responsibility for its federally-funded judicial branch (Rep. 
Foxx); 3) the D.C. Home Rule Improvement Act Amendment (Rep. Gosar); 4) 
Requiring the new state to assume responsibility for its federally-
funded prisoners (Rep. Higgins); 5) Allowing D.C. residents to vote in 
Maryland for purposes of federal legislative elections (Rep. Hice); 6) 
Requiring the election of officials in the new state (Rep. Hice); 7) 
Redrawing the new state's boundaries to exclude federal properties 
(Rep. Cloud); 8) Requiring the new state to assume responsibility for 
federally-funded pension liabilities (Rep. Keller); 9) Including 
congressional findings that statehood is impossible without a 
constitutional amendment (Rep. Biggs); 10) Requiring disposition of the 
Federal District's Electoral College votes prior to enactment (Rep. 
Sessions); and 11) Protecting minority rights in the Senate (Rep. 
Clyde).
---------------------------------------------------------------------------
    The issue of District residents' voting rights was settled 
in 1961 with their inclusion in presidential elections. The 
issue of whether District residents should have representation 
in Congress was proposed by Congress in 1978 after the District 
of Columbia Voting Rights Amendment passed both houses of 
Congress. It was overwhelmingly rejected by the states, 
evidenced by its garnering only 16 of the 38 requisite states 
for ratification.
    Given the relative ease of passage for the 23rd Amendment 
granting District residents the right to participate in 
presidential elections and later the readily rejected proposal 
to allow District residents to participate in Congress 
directly, it is clear that the American people have spoken 
resoundingly on the matter. However, this has not slowed the 
Majority's advancement of H.R. 51, an unconstitutional bill on 
its face when paired with the 23rd Amendment.

a. Two Actions to Address the 23rd Amendment in H.R. 51

    Upon passage of H.R. 51, the district that serves as the 
seat of the United States government would shrink to encompass 
the National Mall, the White House, the Supreme Court, and the 
Capitol; the remainder of the former-District of Columbia would 
be converted into Washington, Douglass Commonwealth. However, 
the 23rd Amendment would still exist, and the ``District 
constituting the Seat of Government of the United States''' 
would continue to be entitled to three electoral college 
votes,\80\ while Washington, Douglass Commonwealth would be 
entitled to three electoral college votes by virtue of its 
statehood. H.R. 51 attempts to remedy the inoperability of 
three electors through two mechanisms: passing legislation 
directly to repeal\81\ the District's participation in 
presidential elections,\82\ and by creating ``expedited 
procedures for consideration of [a] constitutional amendment 
repealing [the] 23rd amendment.''\83\
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    \80\The District would become what in England was called a 
``rotten'' or ``pocket'' borough for purposes of parliamentary 
representation and an issue with which the Founders would have been 
very familiar. The implications of the existence of such districts in 
the American system of government is troubling, to say the least. 
``[T]he Framers viewed the British parliament as `corrupt.' But 
parliament was not corrupt in a quid pro quo sense. It was not corrupt 
because members engaged in bribery . . . That wasn't the Framers' 
point. Parliament was corrupt because it had allowed an improper 
dependence to develop with parliament. Rotten boroughs made members 
dependent upon the Crown when parliament was meant to be dependent upon 
the people.'' Patrick v. Alaska, Sup. Ct. Case No. S 17649 (Jan. 20, 
2021). ``The existence of `pocket' and `rotten' boroughs--parliamentary 
constituencies respectively either controlled by some dominant 
government interest or that contain few, easily influenced voters--made 
it easier for ministries to manage elections. The national electorate 
contracted, so that an estimated ten thousand voters in a nation of 
eight million determined who served in the Commons.'' Patrick v. 
Alaska, Sup. Ct. Case No. S 17649 (Expert Report of Jack Rakove, 
Ph.D.). Pocket boroughs were outlawed by Parliament after the passage 
of the Reform Act of 1832.
    \81\H.R. 51 Sec.  Sec. 223, 117th Cong.
    \82\3 U.S.C., Ch. 1, Sec.  21.
    \83\H.R. 51 Sec.  Sec. 224, 117th Cong.
---------------------------------------------------------------------------
            1. Legislative Remedy
    The 23rd Amendment states that Congress ``may direct'' how 
the District ``shall appoint'' ``electors of President and Vice 
President.''\84\ The Constitution, therefore, directs the 
District to appoint electors. Attorney General Kennedy 
identified three alternative ``absurdities'' that will result 
from Congress enacting a bill analogous to H.R. 51, depending 
on how Congress chooses to direct how the District shall 
appoint its electors.
---------------------------------------------------------------------------
    \84\U.S. Const. amend. XXIII.

          First, the electors could be chosen, as Public Law 
        87-389 provides, by vote of the qualified residents of 
        the geographic area designed in H.R. 5564 as retained 
        by the United States. This would give to a handful of 
        residents the same voting power, in a presidential 
        election, as each of six States, a result which neither 
        the Congress which proposed the 23rd amendment nor the 
        States which ratified it can possibly have intended.
          Second, Congress could provide some alternative means 
        of appointing the electors. For example, they might be 
        designated by the incumbent President, or the Speaker 
        of the House of Representatives or by majority vote of 
        one or both Houses of Congress. In effect, this would 
        place three electoral votes at the disposition of 
        whichever political party happened to be in power in 
        Congress prior to a presidential election. It would be 
        hard to imagine a result more opposed to our basic 
        political traditions. And such a result would be 
        inconsistent with the stated purpose of the amendment, 
        which was, in the words of the House report, ``To 
        provide the citizens of the District of Columbia with 
        appropriate rights of voting in national elections for 
        President and Vice President of the United States.'' 
        House Report 86th Congress, 2d session, page 1.
          Third, Congress could fail to provide any means of 
        appointing the three electors, thus causing the 23d 
        amendment to become a dead letter before it was ever 
        used. This would do violence to the terms of the 
        amendment. That amendment does not leave it up to 
        Congress to determine whether or not the District of 
        Columbia shall cast three electoral votes in a 
        particular presidential election. It contains a clear 
        direction that the District ``shall appoint'' the 
        appropriate number of electors, and gives Congress 
        discretion only as to the mechanics by which the 
        appointment is made.\85\
---------------------------------------------------------------------------
    \85\Kennedy memo, supra note 32.

    The Majority, it would appear by the language of H.R. 51, 
has opted for the worst of the absurdities. H.R. 51 simply 
repeals reference to the District of Columbia in Section 21 of 
Chapter 1 of Title 3 of the United States Code and thus removes 
any direction for how to handle the electoral votes.\86\ But, 
as Attorney General Kennedy made clear, that is in direct 
conflict with the 23rd Amendment, which directs Congress to 
account for the electoral college votes. The Majority has 
contended that because of the 23rd Amendment's ``Enforcement 
Clause,''\87\ the 23rd Amendment ``will be deactivated.''\88\ 
This argument is inaccurate. Congress cannot use legislation to 
``enforce'' an amendment out of existence.\89\
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    \86\The full text of this section is: ``As used in this chapter the 
term--(a) `State' includes the District of Columbia [; and] (b) 
`executives of each State' includes the Board of Commissioners of the 
District of Columbia.''
    \87\I.e., Section 2 of the 23rd Amendment.
    \88\H.R. 51 Business Meeting at 134: ``The 23rd Amendment will be 
deactivated through Congress' powers under the Enforcement Clause 
immediately, so there's no danger those electors will ever be cast.'' 
(statement of Rep. Raskin)
    \89\See, e.g., City of Boerne v. Flores, 521 U.S. 507, 508 (1997) 
(``Legislation that alters the Free Exercise Clause's meaning cannot be 
said to be enforcing the Clause. Congress does not enforce a 
constitutional right by changing what the right is.'').
---------------------------------------------------------------------------
    During the H.R. 51 Business Meeting, a Member in the 
Minority offered an amendment to at the very least account for 
the electoral college votes, but it was rejected along a party-
line vote.\90\
---------------------------------------------------------------------------
    \90\Amendment offered by Rep. Sessions requiring disposition of the 
Federal District's Electoral College votes prior to enactment.
---------------------------------------------------------------------------

b. Need for a New Amendment

    The only way to repeal or alter the 23rd Amendment is 
through the ratification of another amendment. For evidence 
look no further than America's dissatisfaction with the 
Prohibition experiment and the need for the 21st Amendment to 
be ratified in order to remove the unpopular 18th Amendment.
    Additionally, the authors of H.R. 51 explicitly acknowledge 
the need to repeal the 23rd Amendment by including a provision 
in the bill creating ``expedited procedures'' in Congress for 
repeal.\91\ However, no expedited procedure can guarantee the 
necessary votes required to propose a constitutional amendment, 
let alone guarantee the states' ratification thereof.
---------------------------------------------------------------------------
    \91\H.R. 51 Sec.  224, 117th. Cong.
---------------------------------------------------------------------------
    The Majority has promised that ``No one would oppose [the 
amendment to repeal the 23rd Amendment], and then there would 
immediately be expedited activation of repeal across the 
country. And as the representative [sic] of the District of 
Columbia says, it will just sail through every State 
legislature because who would oppose it?''\92\ This is reckless 
lawmaking with the Majority endorsing a scenario in which their 
legislation would directly contravene the 23rd Amendment in 
both policy and legality.\93\
---------------------------------------------------------------------------
    \92\H.R. 51 Business Meeting at 34 (statement of Rep. Raskin).
    \93\Elections for President and Vice President have hinged on 
closer margins than three electoral votes. The 1796 election between 
Adams (71 electoral votes) and Jefferson (68), the 1800 election 
between Jefferson (73) and Burr (73), and the 1876 election between 
Hayes (185) and Tilden (184) had equal or slimmer margins than the 
electoral college votes to be ``deactivated'' by the Majority's 
legislation.
---------------------------------------------------------------------------
    At the H.R. 51 business meeting, Ranking Member Comer 
offered an amendment that would have simply required that the 
23rd Amendment to the Constitution be repealed prior to H.R. 
51's going into effect. This would avoid granting the Seat of 
Government an extra three electoral votes for President and 
Vice-President, which could be distributed by a Democrat-
controlled Congress to its own partisan advantage. However, 
this common-sense amendment was defeated on a party-line 
vote.\94\
---------------------------------------------------------------------------
    \94\At that business meeting, responding to Mr. Comer's amendment, 
Rep. Raskin said as follows: ``To say that this would be the only state 
held hostage to state legislatures' approving repeal of a 
constitutional amendment is absurd. That's obviously a recipe for 
keeping statehood from never happening because then all states have to 
do in order to exercise a kind of veto over statehood adopted by 
Congress--and it is up to Congress to decide--is not to act on this 
constitutional amendment.''
    This is a key admission, one that it is in fact Congress that is 
doing the hostage-holding here, insofar as this Congress support H.R. 
51. Rep. Raskin is admitting flatly that, while the Constitution states 
specifically that the District of Columbia is not a state, Democrats 
supporting H.R. 51 must ignore the requirement that a provision of the 
Constitution can only be amended through a constitutional amendment 
because the American people would not support D.C. Statehood through a 
constitutional amendment.
    In other words, Rep. Raskin admits that it is in fact the Democrat-
controlled Congress that is holding the states and American people 
hostage by requiring that H.R. 51 become the law first, thereby 
creating an unfair double electoral vote bonus, which the American 
people would then have to correct by repealing the 23rd Amendment, but 
all the while the American people would be denied the right to amend 
the Constitution to allow D.C. Statehood in the first place. But the 
states' and American people's role in the constitutional amendment 
process should be respected, not bypassed.
---------------------------------------------------------------------------
    Finally, and most directly, one of the Majority's most 
common claims in support of H.R. 51's design was again repeated 
by the Chairwoman in her opening remarks for the bill's markup 
in which she stated that ``No State--no State--has been 
admitted by a constitutional amendment nor needed existing 
States to take any action for admission.''\95\ This is, of 
course, true. However, also true is the fact that no other 
state admitted into the Union has been the constitutionally-
required seat of the government of the United States, the 
capital for all other states in the Union.
---------------------------------------------------------------------------
    \95\H.R. 51 Business Meeting at 31 (statement of Chair. Maloney).
---------------------------------------------------------------------------
    The Democratic-controlled House Committee on the Judiciary 
made clear in 1960 that, even with the support of a 
constitutional amendment, creating a state out of the District 
of Columbia was bad policy and antithetical to the Founders' 
intentions for a capital separate from the states. The 
Committee said:

          It was suggested that, instead of a constitutional 
        amendment to secure voting rights, the District be made 
        either into a separate State or its land retroceded to 
        the State of Maryland. Apart from the serious 
        constitutional question which would be involved in the 
        first part of this argument, any attempted divestiture 
        by the Congress of its exclusive authority over the 
        District of Columbia by invocation of its powers to 
        create new States would do violence to the basic 
        constitutional principle which was adopted by the 
        framers of the Constitution in 1787 when they made 
        provision for carving out the `seat of Government' from 
        the States and set it aside as a permanent Federal 
        district.\96\
---------------------------------------------------------------------------
    \96\1960 Judiciary Report, supra note 77 (emphasis added).

    Sadly, the Majority today does not share the same 
reluctance against violating the most basic constitutional 
principles.\97\
---------------------------------------------------------------------------
    \97\H.R. 51 Business Meeting at 13-14: ``Congress has both the 
constitutional authority and the moral obligation to pass H.R. 51. The 
Constitution gives Congress the authority to admit new states, which it 
has done 37 times, and to reduce the size of the Federal District, 
which it did by 30 percent in 1846.'' (statement of Del. Norton).
---------------------------------------------------------------------------

                               CONCLUSION

    The Majority's stated policy goal of assuring greater 
representation in Congress for the residents of the District 
may be admirable but achieving this through D.C. statehood is 
only attainable through constitutional amendment. The House of 
Representatives' consideration of H.R. 51 should be viewed as 
an affront to the Constitution's design and the nation's 
interests in a strong, enduring Union.
                                   James Comer,
                                           Ranking Member, Committee on 
                                               Oversight and Reform.