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Text of the New Columbia Admission Act

This bill was introduced on January 4, 1995, in a previous session of Congress, but was not enacted. The text of the bill below is as of Jan 4, 1995 (Introduced).

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HR 51 IH1S

104th 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 4, 1995

Ms. NORTON (for herself and Mr. MINETA) introduced the following bill; which was referred to the Committee on Government Reform and Oversight


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.