H.R. 51 (103rd): New Columbia Admission Act

103rd Congress, 1993–1994. Text as of Jan 05, 1993 (Introduced).

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HR 51 IH

103d CONGRESS

1st Session

H. R. 51

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

IN THE HOUSE OF REPRESENTATIVES

January 5, 1993

Ms. NORTON introduced the following bill; which was referred to the Committee on the District of Columbia


A BILL

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

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ‘New Columbia Admission Act’.

SEC. 2. ADMISSION INTO THE UNION.

    Subject to the provisions of this Act, and upon issuance of the proclamation required by section 7(d)(1) of this Act, the State of New Columbia (hereinafter referred to as ‘the State’) is declared to be a State of the United States of America, is declared admitted into the Union on an equal footing with the other States in all respects whatever, and the constitution 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), subject to ratification by a majority of the registered qualified electors of the District of Columbia, is found to be republican in form and in conformity with the Constitution of the United States and the principles of the Declaration of Independence and is accepted, ratified, and confirmed.

SEC. 3. CONSTITUTION.

    The constitution of the State of New Columbia 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. 4. TERRITORIES AND BOUNDARIES.

    (a) Subject to the provisions of this section, the State of New Columbia shall consist of all of the territory, together with the territorial waters, of the District of Columbia. The State of New Columbia shall not include the National Capital Service Area of the District of Columbia, which is described in subsection (b). As of the date of admission of New Columbia into the Union, the District of Columbia shall consist of the National Capital Service Area.

    (b) The National Capital Service Area, subject to the provisions of section 16, is comprised of 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.

    (c) Notwithstanding any other provision of this section or of section 16, the boundaries of the State of New Columbia shall include the District Building.

SEC. 5. COMPACT WITH UNITED STATES; CLAIMS TO FEDERAL LANDS AND PROPERTY.

    (a) 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)(1) 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) 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 such claim, and the determination of the applicability or effect of any law to any such claim shall be unaffected by anything in this Act.

    (c) No taxes shall be imposed by the State upon any lands or other property now owned or hereafter acquired by the United States, except to the extent as Congress may permit.

    (d)(1) Upon the admission of the State of New Columbia into the Union, the annual Federal payment authorized to be appropriated to the District of Columbia shall be authorized to be appropriated to the State of New Columbia. Nothing in this Act is intended to alter the basis for the Federal payment to the District of Columbia or the State of New Columbia.

    (2) Not later than 7 months before the beginning of each fiscal year, the Governor shall submit a report to Congress on the effects of the presence of the seat of the Federal Government within or adjacent to the State on the revenues and expenditures of the State, and shall include in the report information relating to--

      (A) services rendered to the Federal Government and services rendered because of the State’s proximity to the seat of the Federal Government, and the cost to the State of providing such services;

      (B) potential revenues lost because of the presence of the Federal Government within or adjacent to the State, including Federally-imposed height or other restrictions on buildings located within the State and revenues not obtainable because of a lack of taxable property and business income within the State; and

      (C) potential revenues gained because of the presence of the Federal Government within or adjacent to the State.

    (3) At the time the Governor submits the report described in paragraph (2) to Congress, the Governor shall submit copies of the report to the Directors of the Congressional Budget Office and the Office of Management and Budget, who shall submit reports to Congress analyzing the Governor’s report not later than 30 days after receiving copies of the report.

    (e) The State may not change any provision of its Constitution concerning height limitations on buildings without the consent of Congress.

    (f) Nothing in this Act or the Constitution or laws of the State may be construed to permit the State to refuse to allow an individual to serve as a qualified registered elector of the State solely because the individual resides in the National Capital Service Area.

SEC. 6. STATE TITLE TO LANDS AND PROPERTY.

    (a) The State of New Columbia 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 as of the date of the enactment of this Act.

    (b) All laws of the United States reserving to the United States the free use or enjoyment of property which vests in or is conveyed to the State of New Columbia or its political subdivisions pursuant to this section or reserving the right to alter, amend, or repeal laws relating thereto shall cease to be effective upon the admission of the State of New Columbia into the Union.

SEC. 7. ELECTIONS.

    (a)(1) Not more than sixty days after the date of enactment of this Act, the President of the United States shall certify such enactment to the Mayor of the District of Columbia. Not more than thirty days after such certification the Mayor of the District of Columbia shall issue a proclamation for the elections, subject to the provisions of this Act, for officers of all State elective offices provided for by the constitution of the proposed State of New Columbia and for two Senators and one Representative in Congress.

    (2) In the first election of Senators from the State (pursuant to paragraph (1)) the two senatorial 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 two senatorial 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) The proclamation of the Mayor of the District of Columbia required by 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 people. Such elections shall be held, and the qualifications of voters shall be, as prescribed by the constitution of the proposed State of New Columbia for the election of members of the proposed State legislature. Election returns shall be made and certified in such manner as the constitution of the proposed State of New Columbia may prescribe. The Mayor of the District of Columbia shall certify the results of such elections to the President of the United States.

    (c)(1) At an election designated by proclamation of the Mayor of the District of Columbia, which may be the primary or the general election held pursuant to subsection (b), a territorial general election, or a special election, there shall be submitted to the electors qualified to vote in such election, for adoption or rejection, the following propositions:

      (A) New Columbia shall immediately be admitted into the Union as a State.

      (B) The boundaries of the State of New Columbia shall be as prescribed in the New Columbia Admission Act and all claims of the State to any areas of land or sea outside the boundaries so prescribed are hereby irrevocably relinquished to the United States.

      (C) 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) In the event the propositions under paragraph (1) are adopted in such election by a majority of the legal votes cast on such submission, the proposed constitution of the proposed State of New Columbia, 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), shall be deemed amended accordingly.

    (3) In the event any one of the propositions under paragraph (1) is not adopted at such election by a majority of the legal votes cast on such submission, the provisions of this Act shall cease to be effective.

    (4) 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.

    (d)(1) If the President finds that the propositions set forth in subsection (c)(1) have been duly adopted by the people of New Columbia, the President, upon certification of the returns of the election of the officers required to be elected as provided in subsection (a), shall issue a proclamation announcing the results of such election as so ascertained. Upon the issuance of such proclamation by the President, the State of New Columbia shall be deemed admitted into the Union as provided in section 2 of this Act.

    (2) Until the State of New Columbia is admitted into the Union, individuals holding legislative, executive, and judicial offices of the District of Columbia, including the Delegate in Congress from the District of Columbia, shall continue to discharge the duties of their respective offices. Upon the issuance of such proclamation by the President of the United States and the admission of the State of New Columbia into the Union, the officers elected at such election, and qualified under the provisions of the constitution and laws of such State, shall proceed to exercise all the functions pertaining to their offices in, under, or by authority of the government of such State, and offices not required to be elected at such initial election shall be selected or continued in office as provided by the constitution and laws of such State. The Governor of such State shall certify the election of the Senators and Representative in the manner required by law, and the Senators and Representative 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.

SEC. 8. HOUSE OF REPRESENTATIVES MEMBERSHIP.

    The State of New Columbia 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. 9. LAWS IN EFFECT.

    Upon admission of the State of New Columbia into the Union, all of the territorial laws then in force in the Territory of the District of Columbia shall be and continue in force and effect throughout the State, except as modified or changed by this Act, or by the Constitution of the State, or as thereafter modified or changed by the legislature of the State. All of the laws of the United States shall have the same force and effect within the State as elsewhere in the United States.

SEC. 10. CONTINUATION OF SUITS.

    (a) 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 of New Columbia into the Union, but shall be transferred and shall proceed within such appropriate State courts as shall be established under the constitution of the State, or shall continue in the United States District Court for the District of Columbia, as the nature of the case may require. And no writ, action, indictment, cause, or proceeding shall abate by reason of any change in the courts, but shall proceed within the State or United States courts according to the laws thereof, respectively. The appropriate State courts 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, respectively, 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) All civil causes of action and all criminal offenses which shall have arisen or been committed prior to the admission of the State, 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 such State had been created and such State courts had been established prior to the accrual of such causes of action or the commission of such offenses. The admission of the State shall effect no change in the substantive or criminal law governing causes of action and criminal offenses which shall have arisen or been committed, and any such criminal offenses as shall have been committed against the laws of the District of Columbia shall be tried and punished by the appropriate courts of the State, and any such criminal offenses as shall have been committed against the laws of the United States shall be tried and punished in the United States District Court for the District of Columbia.

SEC. 11. APPEALS.

    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 of New Columbia 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. 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. 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 of New Columbia, 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.

SEC. 12. JUDICIAL AND CRIMINAL PROVISIONS.

    Effective upon the admission of New Columbia 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’.

      (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. 13. MILITARY LANDS.

    (a) Subject to subsection (b) and notwithstanding the admission of the State of New Columbia into the Union, authority is reserved in the United States for the exercise by the Congress of the United States of the power of exclusive legislation, as provided by article I, section 8, clause 17, of the Constitution of the United States, in all cases whatsoever over such tracts or parcels of land located within the State of New Columbia 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.

    (b)(1) The State of New Columbia shall always have the right to serve civil or criminal process within such tracts or parcels of land 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.

    (2) 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 such lands shall not operate to prevent such lands from being a part of the State of New Columbia, 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 the Congress pursuant to such reservation of authority.

    (3) The power of exclusive legislation 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, except that the United States shall continue to have sole and exclusive jurisdiction over such military installations as have been or may be determined to be critical areas as delineated by the President of the United States or the Secretary of Defense.

SEC. 14. 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.

SEC. 15. RELATIONSHIP TO OTHER LAWS.

    No law or regulation which is in force on the effective date of this Act shall be deemed amended or repealed by this Act except to the extent specifically provided herein or to the extent that such law or regulation is inconsistent with this Act.

SEC. 16. NATIONAL CAPITAL SERVICE AREA.

    (a) The National Capital Service Area referred to in section 4 is more particularly described 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 Virginia-District of Columbia boundary to the point of beginning.

    (b) Where the area in subsection (a) is bounded by any street, such street, and any sidewalk thereof, shall be included within such area.

    (c)(1) Any Federal real property affronting or abutting, as of the date of the enactment of this Act, the area described in subsection (a) shall be deemed to be within such area.

    (2) For the purposes of paragraph (1) Federal real property affronting or abutting such area described in subsection (a) shall--

      (A) be deemed to include, but not limited to, 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; and

      (B) not be construed to include any area situated outside of the District of Columbia boundary as it existed immediately prior to the date of the enactment of this Act, nor be construed to include any portion of the Anacostia Park situated east of the northern side of the Eleventh Street Bridge, or any portion of the Rock Creek Park.

SEC. 17. STATEHOOD TRANSITION COMMISSION.

    (a) There is established a Statehood Transition Commission.

    (b) The Commission shall be composed of thirteen members appointed as follows:

      (1) three shall be appointed by the President;

      (2) two shall be appointed by the Speaker of the House;

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

      (4) three shall be appointed by the Mayor of the District of Columbia; and

      (5) three shall be appointed by the Council of the District of Columbia.

    (c) The Commission shall advise the President, the Congress, the Mayor, the Council, and the Governor and House of Delegates for the State of New Columbia, as appropriate, 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 of New Columbia during the first 2 years of the existence of the State of New Columbia. The Commission shall submit such reports as the Commission considers appropriate or as may be requested.

    (d) The Commission shall cease to exist 2 years after the date of the admission into the Union of the State of New Columbia.