[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 51 Reported in House (RH)]
Union Calendar No. 206
103d CONGRESS
1st Session
H. R. 51
[Report No. 103-371]
_______________________________________________________________________
A BILL
To provide for the admission of the State of New Columbia into the
Union.
_______________________________________________________________________
November 17, 1993
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
Union Calendar No. 206
103d CONGRESS
1st Session
H. R. 51
[Report No. 103-371]
To provide for the admission of the State of New Columbia into the
Union.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 5, 1993
Ms. Norton introduced the following bill; which was referred to the
Committee on the District of Columbia.
November 17, 1993
Additional sponsors: Mr. Abercrombie, Mr. Andrews of Maine, Mr. Bishop,
Mr. Blackwell, Mr. Bonior, Ms. Brown of Florida, Mr. Clay, Mrs.
Clayton, Mr. Clyburn, Miss Collins of Michigan, Mrs. Collins of
Illinois, Mr. Conyers, Mr. Dellums, Mr. de Lugo, Mr. Dixon, Mr. Edwards
of California, Ms. Eshoo, Mr. Evans, Mr. Faleomavaega, Mr. Fazio, Mr.
Fields of Louisiana, Mr. Flake, Mr. Foglietta, Mr. Ford of Tennessee,
Mr. Frank of Massachusetts, Mr. Gephardt, Mr. Gonzalez, Mr. Gutierrez,
Mr. Hamburg, Mr. Hastings, Ms. Harman, Mr. Hilliard, Mr. Hinchey, Ms.
Eddie Bernice Johnson of Texas, Mr. Jefferson, Mr. Kennedy, Mrs.
Kennelly, Mr. LaFalce, Mr. Lewis of Georgia, Mrs. Lowey, Mr. Markey,
Mr. McDermott, Ms. McKinney, Mrs. Meek, Mr. Mfume, Mr. Mineta, Mrs.
Mink, Mr. Nadler, Mr. Owens, Mr. Pastor, Mr. Payne of New Jersey, Ms.
Pelosi, Mr. Rangel, Mr. Reynolds, Mr. Romero-Barcelo, Ms. Roybal-
Allard, Mr. Rush, Mr. Sanders, Ms. Schenk, Mrs. Schroeder, Mr. Scott,
Mr. Serrano, Ms. Slaughter, Mr. Stark, Mr. Stokes, Mr. Studds, Mr.
Thompson of Mississippi, Mr. Torres, Mr. Towns, Mr. Traficant, Mr.
Tucker, Mr. Underwood, Mrs. Unsoeld, Ms. Velazquez, Mr. Vento, Mr.
Washington, Ms. Waters, Mr. Watt, Mr. Wheat, Ms. Woolsey, and Mr. Wynn
November 17, 1993
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed
in italic]
[For text of introduced bill, see copy of bill as introduced on January
5, 1993]
_______________________________________________________________________
A BILL
To provide for the admission of the State of New Columbia into the
Union.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``New Columbia
Admission Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--STATE OF NEW COLUMBIA
Subtitle A--Procedures for Admission
Sec. 101. Admission into the union.
Sec. 102. Process for admission.
Sec. 103. Election of officials of State.
Sec. 104. Issuance of presidential proclamation.
Subtitle B--Description of New Columbia Territory
Sec. 111. Territories and boundaries of New Columbia.
Sec. 112. Description of District of Columbia after admission of State.
Sec. 113. Continuation of title to lands and property.
Subtitle C--General Provisions Relating to Laws of New Columbia
Sec. 121. Limitation on authority of State to tax Federal property.
Sec. 122. Effect of admission of State on current laws.
Sec. 123. Continuation of judicial proceedings.
Sec. 124. United States nationality.
TITLE II--RESPONSIBILITIES AND INTERESTS OF FEDERAL GOVERNMENT
Sec. 201. Continuation of revised District of Columbia as seat of
Federal government.
Sec. 202. Treatment of military lands.
Sec. 203. Payment to State in lieu of tax.
Sec. 204. Waiver of claims to Federal lands and property.
Sec. 205. Preservation of scenic vistas.
Sec. 206. Permitting individuals residing in new seat of government to
vote in Federal elections in State of most
recent domicile.
Sec. 207. Repeal of law providing for participation of District of
Columbia in election of President and Vice-
President.
Sec. 208. Expedited consideration of constitutional amendment.
TITLE III--GENERAL PROVISIONS
Sec. 301. General definitions.
Sec. 302. Certification of enactment by president.
Sec. 303. Statehood Transition Commission.
TITLE I--STATE OF NEW COLUMBIA
Subtitle A--Procedures for Admission
SEC. 101. ADMISSION INTO THE UNION.
(a) In General.--Subject to the provisions of this Act, upon
issuance of the proclamation required by section 104(b), the State of
New Columbia is declared to be a State of the United States of America,
and is declared admitted into the Union on an equal footing with the
other States in all respects whatever.
(b) Constitution of State.--The State Constitution shall always be
republican in form and shall not be repugnant to the Constitution of
the United States and the principles of the Declaration of
Independence.
SEC. 102. PROCESS FOR ADMISSION.
(a) Approval of Admission by Voters of District of Columbia.--
(1) Election procedures.--At an election designated by
proclamation of the Mayor, which may be the primary or the
general election held pursuant to section 103(a), a general
election, or a special election, there shall be submitted to
the electors qualified to vote in such election the following
propositions for adoption or rejection:
``(A) New Columbia shall immediately be admitted
into the Union as a State.
``(B) The proposed Constitution for the State of
New Columbia, as adopted by the Council of the District
of Columbia pursuant to the Constitution for the State
of New Columbia Approval Act of 1987 (D.C. Law 7-8),
shall be deemed ratified and shall replace the
Constitution for the State of New Columbia ratified on
November 2, 1982.
``(C) The boundaries of the State of New Columbia
shall be as prescribed in the New Columbia Admission
Act.
``(D) All provisions of the New Columbia Admission
Act, including provisions reserving rights or powers to
the United States and provisions prescribing the terms
or conditions of the grants of lands or other property
made to the State of New Columbia, are consented to
fully by the State and its people.''.
(2) Responsibilities of mayor.--The Mayor of the District
of Columbia is authorized and directed to take such action as
may be necessary or appropriate to ensure the submission of
such propositions to the people. The return of the votes cast
on such propositions shall be made by the election officers
directly to the Board of Elections of the District of Columbia,
which shall certify the results of the submission to the Mayor.
The Mayor shall certify the results of such submission to the
President of the United States.
(b) Effect of Vote.--
(1) Adoption of propositions.--In the event the
propositions described in subsection (a) are adopted in an
election under such subsection by a majority of the legal votes
cast on such submission--
(A) the State Constitution shall be deemed
ratified; and
(B) the President shall issue a proclamation
pursuant to section 104.
(2) Rejection of proposition.--In the event any one of the
propositions described in subsection (a) is not adopted in an
election under such subsection by a majority of the legal votes
cast on such submission, the provisions of this Act shall cease
to be effective.
SEC. 103. ELECTION OF OFFICIALS OF STATE.
(a) Issuance of Proclamation.--
(1) In general.--Not more than 30 days after receiving
certification of the enactment of this Act from the President
pursuant to section 302, the Mayor of the District of Columbia
shall issue a proclamation for the first elections, subject to
the provisions of this section, for two Senators and one
Representative in Congress.
(2) Special rule for election of senators.--In the election
of Senators from the State pursuant to paragraph (1), the 2
Senate offices shall be separately identified and designated,
and no person may be a candidate for both offices. No such
identification or designation of either of the offices shall
refer to or be taken to refer to the terms of such offices, or
in any way impair the privilege of the Senate to determine the
class to which each of the Senators elected shall be assigned.
(b) Rules for Conducting Election.--
(1) In general.--The proclamation of the Mayor issued under
subsection (a) shall provide for the holding of a primary
election and a general election and at such elections the
officers required to be elected as provided in subsection (a)
shall be chosen by the qualified electors of the District of
Columbia in the manner required by law.
(2) Certification of returns.--Election returns shall be
made and certified in the manner required by law, except that
the Mayor shall also certify the results of such elections to
the President of the United States.
(c) Assumption of Duties.--Upon the admission of the State into the
Union, the Senators and Representative elected at the election
described in subsection (a) shall be entitled to be admitted to seats
in Congress and to all the rights and privileges of Senators and
Representatives of other States in the Congress of the United States.
(d) Transfer of Offices of Mayor and Members and Chair of
Council.--Upon the admission of the State into the Union, the Mayor,
members of the Council, and the Chair of the Council at the time of
admission shall be deemed the Governor, members of the House of
Delegates, and the President of the House of Delegates of the State,
respectively, as provided by the State Constitution and the laws of the
State.
(e) Continuation of Authority and Duties and Judicial and Executive
Officers.--Upon the admission of the State into the Union, members of
executive and judicial offices of the District of Columbia shall be
deemed members of the respective executive and judicial offices of the
State, as provided by the State Constitution and the laws of the State.
(f) Special Rule for House of Representatives Membership.--The
State upon its admission into the Union shall be entitled to one
Representative until the taking effect of the next reapportionment, and
such Representative shall be in addition to the membership of the House
of Representatives as now prescribed by law, except that such temporary
increase in the membership shall not operate to either increase or
decrease the permanent membership of the House of Representatives or
affect the basis of apportionment for the Congress.
SEC. 104. ISSUANCE OF PRESIDENTIAL PROCLAMATION.
(a) In General.--If the President finds that the propositions set
forth in section 102(a) have been duly adopted by the people of the
State, the President, upon certification of the returns of the election
of the officers required to be elected as provided in section 103(a),
shall, not later than 90 days after receiving such certification, issue
a proclamation announcing the results of such elections as so
ascertained.
(b) Admission of State Upon Issuance of Proclamation.--Upon the
issuance of the proclamation by the President under subsection (a), the
State shall be deemed admitted into the Union as provided in section
101.
Subtitle B--Description of New Columbia Territory
SEC. 111. TERRITORIES AND BOUNDARIES OF NEW COLUMBIA.
(a) In General.--Except as provided in subsection (b), the State
shall consist of all of the territory of the District of Columbia as of
the date of the enactment of this Act, subject to the results of the
technical survey conducted under subsection (c).
(b) Exclusion of Portion of District of Columbia Remaining as
National Capital.--The territory of the State shall not include the
area described in section 112, which shall remain as the District of
Columbia for purposes of serving as the seat of the government of the
United States.
(c) Technical Survey.--Not later than 6 months after the date of
the enactment of this Act, the President (in consultation with the
Chair of the National Capital Planning Commission) shall conduct a
technical survey of the metes and bounds of the District of Columbia
and of the territory described in section 112(b).
SEC. 112. DESCRIPTION OF DISTRICT OF COLUMBIA AFTER ADMISSION OF STATE.
(a) In General.--Subject to the succeeding provisions of this
section, after the admission of the State into the Union, the District
of Columbia shall consist of the property described in subsection (b)
and shall include the principal Federal monuments, the White House, the
Capitol Building, the United States Supreme Court Building, and the
Federal executive, legislative, and judicial office buildings located
adjacent to the Mall and the Capitol Building.
(b) Specific Description of Metes and Bounds.--After the admission
of the State into the Union, the specific metes and bounds of the
District of Columbia shall be as follows:
Beginning at the point on the present Virginia-District of
Columbia boundary due west of the northernmost point of
Theodore Roosevelt Island and running due east of the eastern
shore of the Potomac River;
thence generally south along the shore at the mean high
water mark to the northwest corner of the Kennedy Center;
thence east along the north side of the Kennedy Center to a
point where it reaches the E Street Expressway;
thence east on the expressway to E Street Northwest and
thence east on E Street Northwest to Eighteenth Street
Northwest;
thence south on Eighteenth Street Northwest to Constitution
Avenue Northwest;
thence east on Constitution Avenue to Seventeenth Street
Northwest;
thence north on Seventeenth Street Northwest to
Pennsylvania Avenue Northwest;
thence east on Pennsylvania Avenue to Jackson Place
Northwest;
thence north on Jackson Place to H Street Northwest;
thence east on H Street Northwest to Madison Place
Northwest;
thence south on Madison Place Northwest to Pennsylvania
Avenue Northwest;
thence east on Pennsylvania Avenue Northwest to Fifteenth
Street Northwest;
thence south on Fifteenth Street Northwest to Pennsylvania
Avenue Northwest;
thence southeast on Pennsylvania Avenue Northwest to John
Marshall Place Northwest;
thence north on John Marshall Place Northwest to C Street
Northwest;
thence east on C Street Northwest to Third Street
Northwest;
thence north on Third Street Northwest to D Street
Northwest;
thence east on D Street Northwest to Second Street
Northwest;
thence south on Second Street Northwest to the intersection
of Constitution Avenue Northwest and Louisiana Avenue
Northwest;
thence northeast on Louisiana Avenue Northwest to North
Capitol Street;
thence north on North Capitol Street to Massachusetts
Avenue Northwest;
thence southeast on Massachusetts Avenue Northwest so as to
encompass Union Square;
thence following Union Square to F Street Northeast;
thence east on F Street Northeast to Second Street
Northeast;
thence south on Second Street Northeast to D Street
Northeast;
thence west on D Street Northeast to First Street
Northeast;
thence south on First Street Northeast to Maryland Avenue
Northeast;
thence generally north and east on Maryland Avenue to
Second Street Northeast;
thence south on Second Street Northeast to C Street
Southeast;
thence west on C Street Southeast to New Jersey Avenue
Southeast;
thence south on New Jersey Avenue Southeast to D Street
Southeast;
thence west on D Street Southeast to Washington Avenue
Southwest;
thence southeast on Washington Avenue Southwest to E Street
Southeast;
thence west on E Street Southeast to the intersection of
Washington Avenue Southwest and South Capitol Street;
thence northwest on Washington Avenue Southwest to Second
Street Southwest;
thence south on Second Street Southwest to Virginia Avenue
Southwest;
thence generally west on Virginia Avenue to Third Street
Southwest;
thence north on Third Street Southwest to C Street
Southwest;
thence west on C Street Southwest to Sixth Street
Southwest;
thence north on Sixth Street Southwest to Independence
Avenue;
thence west on Independence Avenue to Twelfth Street
Southwest;
thence south on Twelfth Street Southwest to D Street
Southwest;
thence west on D Street Southwest to Fourteenth Street
Southwest;
thence south on Fourteenth Street Southwest to the middle
of the Washington Channel;
thence generally south and east along the midchannel of the
Washington Channel to a point due west of the northern boundary
line of Fort Lesley McNair;
thence due east to the side of the Washington Channel;
thence following generally south and east along the side of
the Washington Channel at the mean high water mark, to the
point of confluence with the Anacostia River, and along the
northern shore at the mean high water mark to the northernmost
point of the Eleventh Street Bridge;
thence generally south and east along the northern side of
the Eleventh Street Bridge to the eastern shore of the
Anacostia River;
thence generally south and west along such shore at the
mean high water mark to the point of confluence of the
Anacostia and Potomac Rivers;
thence generally south along the eastern shore at the mean
high water mark of the Potomac River to the point where it
meets the present southeastern boundary line of the District of
Columbia;
thence south and west along such southeastern boundary line
to the point where it meets the present Virginia-District of
Columbia boundary; and
thence generally north and west up the Potomac River along
the present Virginia-District of Columbia boundary to the point
of beginning.
(c) Treatment of Certain Property.--
(1) Streets and sidewalks bounding area.--After the
admission of the State into the Union, the District of Columbia
shall be deemed to include any street (together with any
sidewalk thereof) bounding the District of Columbia.
(2) Exclusion of district building.--Notwithstanding any
other provision of this section, the District of Columbia shall
not be considered to include the District Building after the
admission of the State into the Union.
(3) Inclusion of certain military property.--After the
admission of the State into the Union, the District of Columbia
shall be deemed to include Fort Lesley McNair, the Washington
Navy Yard, the Anacostia Naval Annex, the United States Naval
Station, Bolling Air Force Base, and the Naval Research
Laboratory.
SEC. 113. CONTINUATION OF TITLE TO LANDS AND PROPERTY.
(a) Continuation of Title to Lands of District of Columbia.--
(1) In general.--The State and its political subdivisions
shall have and retain title or jurisdiction for purposes of
administration and maintenance to all property, real and
personal, with respect to which title or jurisdiction for
purposes of administration and maintenance is held by the
territory of the District of Columbia on the day before the
State is admitted into the Union.
(2) Conveyance of interest in certain bridges and
tunnels.--On the day before the State is admitted into the
Union, the District of Columbia shall convey to the United
States any and all interest of the District of Columbia in any
bridge or tunnel that will connect the Commonwealth of Virginia
with the District of Columbia after the admission of the State
into the Union.
(b) Continuation of Federal Title to Property in State.--The United
States shall have and retain title or jurisdiction for purposes of
administration and maintenance to all property in the State with
respect to which the United States holds title or jurisdiction on the
day before the State is admitted into the Union, including the scenic
easement taken by the Secretary of the Interior under section 205.
Subtitle C--General Provisions Relating to Laws of New Columbia
SEC. 121. LIMITATION ON AUTHORITY OF STATE TO TAX FEDERAL PROPERTY.
The State may not impose any taxes upon any lands or other property
owned or acquired by the United States, except to the extent as
Congress may permit.
SEC. 122. EFFECT OF ADMISSION OF STATE ON CURRENT LAWS.
(a) In General.--The admission of the State into the Union shall
not be construed to affect the applicability to the State of any laws
in effect in the District of Columbia as of the date of admission,
except as modified or changed by this Act or by the State Constitution.
(b) Treatment of Federal Laws.--All of the laws of the United
States shall have the same force and effect within the State as
elsewhere in the United States, except as such laws may otherwise
provide.
SEC. 123. CONTINUATION OF JUDICIAL PROCEEDINGS.
(a) Pending Proceedings.--
(1) In general.--No writ, action, indictment, cause, or
proceeding pending in any court of the District of Columbia or
in the United States District Court for the District of
Columbia shall abate by reason of the admission of the State
into the Union, but shall be transferred and shall proceed
within such appropriate State courts as shall be established
under the State Constitution, or shall continue in the United
States District Court for the District of Columbia, as the
nature of the case may require.
(2) Succession of courts.--The appropriate courts of the
State shall be the successors of the courts of the District of
Columbia as to all cases arising within the limits embraced
within the jurisdiction of such courts, with full power to
proceed with such cases, and award mesne or final process
therein, and all files, records, indictments, and proceedings
relating to any such writ, action, indictment, cause, or
proceeding shall be transferred to such appropriate State
courts and shall be proceeded with therein in due course of
law.
(b) Unfiled Proceedings Based on Actions Prior to Admission.--All
civil causes of action and all criminal offenses which shall have
arisen or been committed prior to the admission of the State into the
Union, but as to which no writ, action, indictment, or proceeding shall
be pending at the date of such admission, shall be subject to
prosecution in the appropriate State courts or in the United States
District Court for the District of Columbia in like manner, to the same
extent, and with like right of appellate review, as if the State had
been admitted and such State courts had been established prior to the
accrual of such causes of action or the commission of such offenses.
(c) Maintenance of Rights to and Jurisdiction Over Appeals.--
(1) Cases decided prior to admission.--Parties shall have
the same rights of appeal from and appellate review of final
decisions of the United States District Court for the District
of Columbia or the District of Columbia Court of Appeals in any
case finally decided prior to the admission of the State into
the Union, whether or not an appeal therefrom shall have been
perfected prior to such admission. The United States Court of
Appeals for the District of Columbia Circuit and the Supreme
Court of the United States shall have the same jurisdiction in
such cases as by law provided prior to the admission of the
State into the Union.
(2) Cases decided after admission.--Parties shall have the
same rights of appeal from and appellate review of all orders,
judgments, and decrees of the United States District Court for
the District of Columbia and of the highest court of the State,
as successor to the District of Columbia Court of Appeals, in
any case pending at the time of admission of the State into the
Union, and the United States Court of Appeals for the District
of Columbia Circuit and the Supreme Court of the United States
shall have the same jurisdiction therein, as by law provided in
any case arising subsequent to the admission of the State into
the Union.
(3) Issuance of subsequent mandates.--Any mandate issued
subsequent to the admission of the State shall be to the United
States District Court for the District of Columbia or a court
of the State, as appropriate.
(d) Conforming Amendments Relating to Federal Courts.--Effective
upon the admission of the State into the Union--
(1) section 41 of title 28, United States Code, is amended
in the second column by inserting ``, New Columbia'' after
``District of Columbia''; and
(2) the first paragraph of section 88 of title 28, United
States Code, is amended to read as follows:
``The District of Columbia and the State of New Columbia comprise
one judicial district.''.
SEC. 124. UNITED STATES NATIONALITY.
No provision of this Act shall operate to confer United States
nationality, to terminate nationality lawfully acquired, or to restore
nationality terminated or lost under any law of the United States or
under any treaty to which the United States is or was a party.
TITLE II--RESPONSIBILITIES AND INTERESTS OF FEDERAL GOVERNMENT
SEC. 201. CONTINUATION OF REVISED DISTRICT OF COLUMBIA AS SEAT OF
FEDERAL GOVERNMENT.
After the admission of the State into the Union, the seat of the
Government of the United States shall be the District of Columbia as
described in section 112 (also known as ``Washington, D.C.'').
SEC. 202. TREATMENT OF MILITARY LANDS.
(a) Reservation of Federal Authority.--
(1) In general.--Subject to paragraph (2) and subsection
(b) and notwithstanding the admission of the State into the
Union, authority is reserved in the United States for the
exercise by Congress of the power of exclusive legislation in
all cases whatsoever over such tracts or parcels of land
located within the State that, immediately prior to the
admission of the State, are controlled or owned by the United
States and held for defense or Coast Guard purposes.
(2) Limitation on authority.--The power of exclusive
legislation described in paragraph (1) shall vest and remain in
the United States only so long as the particular tract or
parcel of land involved is controlled or owned by the United
States and used for defense or Coast Guard purposes.
(b) Authority of State.--
(1) In general.--The reservation of authority in the United
States for the exercise by the Congress of the United States of
the power of exclusive legislation over military lands under
subsection (a) shall not operate to prevent such lands from
being a part of the State, or to prevent the State from
exercising over or upon such lands, concurrently with the
United States, any jurisdiction which it would have in the
absence of such reservation of authority and which is
consistent with the laws hereafter enacted by Congress pursuant
to such reservation of authority.
(2) Service of process.--The State shall have the right to
serve civil or criminal process within such tracts or parcels
of land in which the authority of the United States is reserved
under subsection (a) in suits or prosecutions for or on account
of rights acquired, obligations incurred, or crimes committed
within the State but outside of such tracts or parcels of land.
SEC. 203. PAYMENT TO STATE IN LIEU OF TAX.
In order to compensate the State for unavailable tax revenues and
other effects on the revenues of the State resulting from the
significant presence of the Federal Government within and nearby the
State, the United States shall make a payment to the State for each
fiscal year in such amount and under such schedule as Congress may
determine (taking into account the recommendations of the Statehood
Transition Commission under section 303).
SEC. 204. WAIVER OF CLAIMS TO FEDERAL LANDS AND PROPERTY.
(a) In General.--As a compact with the United States, the State and
its people disclaim all right and title to any lands or other property
not granted or confirmed to the State or its political subdivisions by
or under the authority of this Act, the right or title to which is held
by the United States or subject to disposition by the United States.
(b) Effect on Claims Against United States.--
(1) In general.--Nothing contained in this Act shall
recognize, deny, enlarge, impair, or otherwise affect any claim
against the United States, and any such claim shall be governed
by applicable laws of the United States.
(2) Rule of construction.--Nothing in this Act is intended
or shall be construed as a finding, interpretation, or
construction by the Congress that any applicable law
authorizes, establishes, recognizes, or confirms the validity
or invalidity of any claim referred to in paragraph (1), and
the determination of the applicability or effect of any law to
any such claim shall be unaffected by anything in this Act.
SEC. 205. PRESERVATION OF SCENIC VISTAS.
(a) Scenic Easement.--The Secretary of the Interior shall take a
scenic easement in the space above all lots within the State (in
accordance with such terms and procedures as the Secretary of the
Interior may establish, including terms and procedures relating to the
payment of compensation towards the value of the easement taken), and
such scenic easement shall be reserved by the United States. The scenic
easement is described as follows:
(1) General rule.--Except as otherwise provided in this
subsection, the scenic easement shall be in all space above a
lot beginning at a height equal to the sum of--
(A) the width of the street, avenue, or highway in
front of the lot; and
(B) 20 feet.
(2) Property on commercial street.--With respect to a lot
on a business street, avenue, or highway, the scenic easement
shall be in all space above the lot beginning at a height equal
to 130 feet above the sidewalk of the street, avenue, or
highway (or, in the case of property on the north side of
Pennsylvania Avenue between 1st and 15th Streets Northwest,
beginning 160 feet above the sidewalk).
(3) Property on residential street.--With respect to a lot
on a residential street, avenue, or highway, the scenic
easement shall be in all space above the lot beginning--
(A) in the case of a lot on a street, avenue, or
highway 60 feet wide or less, at a height equal to the
width of the street, avenue, or highway;
(B) in the case of a lot on a street, avenue, or
highway more than 60 feet but less than 65 feet wide,
at a height equal to 60 feet; and
(C) in the case of a lot on any other street,
avenue, or highway, at a height equal to the lower of--
(i) the width of the street, avenue, or
highway reduced by 10 feet, or
(ii) 90 feet.
(4) Treatment of space over churches.--With respect to any
lot on a residence street, avenue, or highway upon which a
church is located (other than a church whose construction had
not been undertaken prior to June 1, 1910), the scenic easement
shall be in all space above the lot beginning at a height equal
to 95 feet above the level of the adjacent curb.
(5) Treatment of plaza of union station.--With respect to
any portion of any lot affronting or abutting the plaza in
front of Union Station upon which a building is located (other
than a building erected prior to June 1, 1910), the scenic
easement shall be in all space above the lot beginning at a
height equal to 80 feet above the plaza.
(b) Effect of Scenic Easement.--
(1) No physical structures permitted.--Except as provided
in paragraph (2), no person may encroach upon any space in
which the United States has reserved a scenic easement pursuant
to subsection (a) with a physical structure.
(2) Permissible encroachment by certain structures.--
Notwithstanding paragraph (1), a person may encroach upon a
space in which the United States has reserved a scenic easement
pursuant to subsection (a) with any of the following:
(A) A physical structure in existence on the date
on which the Secretary of the Interior takes the
easement.
(B) A spire, tower, dome, minaret, or pinnacle
serving as an architectural embellishment.
(C) A penthouse over an elevator shaft, ventilation
shaft, chimney, smokestack, or fire sprinkler tank, but
only if--
(i) the structure is not used for human
occupancy; and
(ii) the structure is set back from the
exterior walls of the building upon which it is
located at a distance equal to its height above
the building's roof.
(D) An antenna.
(E) Construction equipment.
(F) A flagpole.
(c) Rules for Interpreting Heights.--In determining the point at
which a scenic easement in a lot begins for purposes of subsection (a),
the following rules shall apply:
(1) Height shall be measured from the level of the sidewalk
opposite the middle of the front of the lot.
(2) Any height otherwise determined under such subsection
to be not greater than 60 feet may be increased by the distance
between the highest point of any building located on the lot
and the portion of any parapet wall or balustrade of the
building that extends over such highest point, but in no case
may any height be increased pursuant to this paragraph by more
than 4 feet.
(3) If a lot (including a corner lot) fronts an
intersection of 2 or more streets, avenues, or highways, a
height shall be determined by using the width of the widest
street, avenue, or highway involved.
(4) In the case of a lot on a street less than 90 feet wide
on which building lines have been established, the width of the
street shall be deemed to be the distance between the lines.
(d) Authority of State to Designate Streets.--Nothing in this
section shall be construed to affect the authority of the State to
designate streets, avenues, or highways as commercial or residential.
(e) Effective Date.--The Secretary of the Interior shall take the
scenic easement described in this section on the day before the State
is admitted into the Union. The scenic easement shall be reserved by
the United States on the date on which the State is admitted into the
Union.
SEC. 206. PERMITTING INDIVIDUALS RESIDING IN NEW SEAT OF GOVERNMENT TO
VOTE IN FEDERAL ELECTIONS IN STATE OF MOST RECENT
DOMICILE.
(a) Requirement for States to Permit Individuals to Vote by
Absentee Ballot.--
(1) In general.--Each State shall--
(A) permit absent District of Columbia voters to
use absentee registration procedures and to vote by
absentee ballot in general, special, primary, and
runoff elections for Federal office; and
(B) accept and process, with respect to any
general, special, primary, or runoff election for
Federal office, any otherwise valid voter registration
application from an absent District of Columbia voter,
if the application is received by the appropriate State
election official not less than 30 days before the
election.
(2) Absent district of columbia voter defined.--In this
section, the term ``absent District of Columbia voter'' means,
with respect to a State--
(A) a person who resides in the District of
Columbia after the admission of the State into the
Union and is qualified to vote in the State, but only
if the State is the last place in which the person was
domiciled before residing in the District of Columbia;
or
(B) a person who resides in the District of
Columbia after the admission of the State into the
Union and (but for such residence) would be qualified
to vote in the State, but only if the State is the last
place in which the person was domiciled before residing
in the District of Columbia.
(3) State defined.--In this section, the term ``State''
means each of the several States, including the State of New
Columbia.
(b) Recommendations to States to Maximize Access to Polls by Absent
District of Columbia Voters.--To afford maximum access to the polls by
absent District of Columbia voters, it is recommended that the States--
(1) waive registration requirements for absent District of
Columbia voters who, by reason of residence in the District of
Columbia, do not have an opportunity to register;
(2) expedite processing of balloting materials with respect
to such individuals; and
(3) assure that absentee ballots are mailed to such
individuals at the earliest opportunity.
(c) Enforcement.--The Attorney General may bring a civil action in
appropriate district court for such declaratory or injunctive relief as
may be necessary to carry out this section.
(d) Effect on Certain Other Laws.--The exercise of any right under
this section shall not affect, for purposes of any Federal, State, or
local tax, the residence or domicile of a person exercising such right.
(e) Effective Date.--This section shall take effect upon the date
of the admission of the State into the Union, and shall apply with
respect to elections for Federal office taking place on or after such
date.
SEC. 207. REPEAL OF LAW PROVIDING FOR PARTICIPATION OF DISTRICT OF
COLUMBIA IN ELECTION OF PRESIDENT AND VICE-PRESIDENT.
(a) In General.--Title 3, United States Code, is amended by
striking section 21.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect upon the date of the admission of the State into the Union,
and shall apply to any election of the President and Vice-President of
the United States taking place on or after such date.
SEC. 208. EXPEDITED CONSIDERATION OF CONSTITUTIONAL AMENDMENT.
(a) Exercise of Rulemaking Authority.--This section is enacted by
Congress--
(1) as an exercise of the rulemaking power of the Senate
and the House of Representatives, respectively, and as such
these provisions are deemed a part of the rule of each House,
respectively, but applicable only with respect to the procedure
to be followed in that House in the case of a joint resolution
described in subsection (b), and they supersede other rules
only to the extent that they are inconsistent therewith; and
(2) with full recognition of the constitutional right of
either House to change the rule (so far as relating to the
procedure of that House) at any time, in the same manner and to
the same extent as in the case of any other rule of that House.
(b) Expedited Consideration of Repeal of 23rd Amendment.--
(1) Motion made in order.--At any time after the date of
the enactment of this Act, it shall be in order in either the
House of Representatives or the Senate to offer a motion to
proceed to the consideration of a joint resolution proposing an
amendment to the Constitution of the United States repealing
the 23rd article of amendment to the Constitution.
(2) Procedures relating to motion.--With respect to the
motion described in paragraph (1), the following rules shall
apply:
(A) The motion is highly privileged and is not
debatable.
(B) An amendment to the motion is not in order, and
it is not in order to move to reconsider the vote by
which the motion is agreed to or disagreed to.
(C) A motion to postpone shall be decided without
debate.
TITLE III--GENERAL PROVISIONS
SEC. 301. GENERAL DEFINITIONS.
In this Act, the following definitions shall apply:
(1) The term ``Commission'' means the Statehood Transition
Commission established under section 303.
(2) The term ``Council'' means the Council of the District
of Columbia.
(3) The term ``Governor'' means the Governor of the State
of New Columbia.
(4) The term ``Mayor'' means the Mayor of the District of
Columbia.
(5) The term ``State Constitution'' means the constitution
of the State of New Columbia, as adopted by the Council of the
District of Columbia in the Constitution for the State of New
Columbia Approval Act of 1987 (D.C. Law 7-8).
(6) The term ``State'' means the State of New Columbia.
SEC. 302. CERTIFICATION OF ENACTMENT BY PRESIDENT.
Not more than 60 days after the date of enactment of this Act, the
President shall certify such enactment to the Mayor of the District of
Columbia.
SEC. 303. STATEHOOD TRANSITION COMMISSION.
(a) Establishment.--There is hereby established a Statehood
Transition Commission.
(b) Composition.--The Commission shall be composed of 17 members
appointed as follows:
(1) 3 members appointed by the President.
(2) 2 members appointed by the Speaker of the House.
(3) 2 members appointed by the Minority Leader of the House
of Representatives.
(4) 2 members appointed by the President Pro Tempore of the
Senate.
(5) 2 members appointed by the Minority Leader of the
Senate.
(6) 3 members appointed by the Mayor of the District of
Columbia.
(7) 3 members appointed by the Council of the District of
Columbia.
(c) Duties.--
(1) In general.--The Commission shall advise the President,
the Congress, the Mayor (or, upon the admission of the State
into the Union, the Governor), and the Council (or, upon the
admission of the State into the Union, the House of Delegates
for the State of New Columbia) concerning necessary procedures
to effect an orderly transition to statehood for the District
of Columbia and other matters relating to the assumption of the
property, functions, and activities of the District of Columbia
by the State during the first 2 years of the State's existence.
(2) Recommendations regarding applicability of laws to new
seat of government.--In carrying out its duties under paragraph
(1), the Commission shall analyze the laws of the United States
that will apply to the District of Columbia after the admission
of the State into the Union, and shall make recommendations to
Congress regarding whether any of these laws should continue to
apply to the District of Columbia after the admission of the
State.
(3) Recommendations regarding annual payment in lieu of
tax.--In addition to any of its other duties under paragraph
(1), not later than 1 year after the date of the enactment of
this Act, the Commission shall develop and recommend to
Congress a methodology for determining the amount of and
schedule for the annual payment to the State required under
section 203, and shall base such methodology upon the
methodologies used to determine the amount of other payments in
lieu of taxes made by the United States to States and units of
local government as compensation for the presence of Federal
property which may not be taxed by such States and units of
local government.
(4) Recommendations regarding lorton correctional
complex.--In addition to any of its other duties under
paragraph (1), not later than 2 years after the date of the
enactment of this Act, the Commission shall identify and
recommend options to Congress, the Mayor of the District of
Columbia (or, if the options are recommended after the
admission of the State into the Union, the Governor of the
State), and the Governor of Virginia regarding the
incarceration of individuals convicted of crimes in the State,
including options relating to--
(A) the construction of additional prison
facilities within the State;
(B) agreements between the State and the
Commonwealth of Virginia with respect to the Lorton
Correctional Complex, or agreements with other
jurisdictions under which such individuals may be
incarcerated at facilities located in such other
jurisdictions; and
(C) the development of a comprehensive plan for
closing the Lorton Correctional Complex by 2010 and
relocating inmates to other facilities.
(d) Reports.--The Commission shall submit such reports as the
Commission considers appropriate or as may be requested.
(e) Termination.--The Commission shall cease to exist 2 years after
the date of the admission of the State into the Union.
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