Text: H.R.51 — 101st Congress (1989-1990)All Information (Except Text)

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HR 51 IH
101st 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 3, 1989
Mr. FAUNTROY for himself, Mr. FOLEY, Mr. DELLUMS, Mr. FASCELL, Mr. FRANK,
Mr. TOWNS, Mr. HAYES of Illinois, Mr. MARKEY, Mr. SOLARZ, Mr. CLAY,
Mr. SAVAGE, Mr. OWENS of New York, Ms. PELOSI, Mr. LELAND, Mrs. COLLINS,
Mr. LAFALCE, Mr. ESPY, Mr. KLECZKA, Mr. DE LUGO, Mr. LEVIN of Michigan,
Mr. ROSE, Mrs. SCHROEDER, Mr. STARK, Mr. CONYERS, Mr. TORRES, Mr. WALGREN,
Mr. STUDDS, Mr. FLORIO, Mr. WEISS, Mr. BATES, Mr. KILDEE, Mr. MINETA, and
Mr. LEVINE of California) introduced the following bill; which was referred
to the Committee on the District of Columbia
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. Bill 7-154), 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.
  (d)(1) Subject to paragraph (2), notwithstanding any other provision
  of law, the annual Federal payment authorized to be appropriated to the
  District of Columbia pursuant to section 502 of the District of Columbia
  Self-Government and Governmental Reorganization Act (D.C. Code, sec. 47-3406)
  shall be authorized to be appropriated to the State of New Columbia.
  (2) The Governor shall submit the Governor's request, with respect to the
  amount of an annual Federal payment, to the Congress not less than seven
  months before the beginning of a fiscal year for which a request is made. As
  part of such request, the Governor shall report on the following items:
  (A) Services rendered to the Federal Government and the cost to the State
  of New Columbia for providing such services.
  (B) Potential revenues lost because of certain factors brought on by the
  presence of the Federal Government within the State, including height
  restrictions on buildings located within the State and revenues not
  obtainable because of lack of taxable property and business income within
  the State.
  (C) Potential revenues gained because of the presence of the Federal
  Government within the State.
The Governor shall submit copies of the request to the Congressional Budget
Office and to the Office of Management and Budget upon submission of the
request to the Congress. Each such office shall report to the Congress,
within 30 days after receipt of the copy of the request, concerning the
office's analysis of the Federal payment requested and of the items reported
by the Governor.
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. Bill 7-154), 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 Supreme 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 as, 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 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 Canal Street Parkway;
  thence southeast on Canal Street Parkway to E Street Southeast;
  thence west on E Street Southeast to the intersection of Canal Street
  Southwest and South Capital Street;
  thence northwest on Canal Street 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 west along such shore at the mean high water
  mark to the point of confluence of the Anacostia and Potomac Rivers;
  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 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;
  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)(l) 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 (l) 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. The Commission
  shall submit such reports as the Commission considers appropriate or as
  may be requested.
  (d) The Commission shall cease to exist 180 days after the date of the
  admission into the Union of the State of New Columbia.