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116th Congress } { Rept. 116-433
HOUSE OF REPRESENTATIVES
2d Session } { Part 1
======================================================================
WASHINGTON, D.C. ADMISSION ACT
_______
June 18, 2020.--Ordered to be printed
_______
Mrs. Carolyn B. Maloney of New York, from the Committee on Oversight
and Reform, submitted the following
R E P O R T
together with
MINORITY VIEWS
[To accompany H.R. 5803]
[Including cost estimate of the Congressional Budget Office]
The Committee on Oversight and Reform, to whom was referred
the bill (H.R. 5803) to provide for the admission of the State
of Washington, D.C. into the Union, having considered the same,
reports favorably thereon with an amendment and recommends that
the bill as amended do pass.
CONTENTS
Page
Summary and Purpose of Legislation............................... 27
Background and Need for Legislation.............................. 27
Section-by-Section Analysis...................................... 34
Legislative History.............................................. 47
Committee Consideration.......................................... 48
Roll Call Votes.................................................. 48
Explanation of Amendments........................................ 65
List of Related Committee Hearings............................... 66
Statement of Oversight Findings and Recommendations of the
Committee...................................................... 66
Statement of General Performance Goals and Objectives............ 66
Application of Law to the Legislative Branch..................... 67
Duplication of Federal Programs.................................. 67
Disclosure of Directed Rule Makings.............................. 67
Federal Advisory Committee Act Statement......................... 67
Unfunded Mandates Reform Act Statement........................... 67
Earmark Identification........................................... 67
Committee Cost Estimate.......................................... 67
New Budget Authority and Congressional Budget Office Cost
Estimate....................................................... 67
Changes in Existing Law Made by the Bill, as Reported............ 71
Minority Views................................................... 186
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Washington, D.C.
Admission Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--STATE OF WASHINGTON, D.C.
Subtitle A--Procedures for Admission
Sec. 101. Admission into the Union.
Sec. 102. Election of Senators and Representative.
Sec. 103. Issuance of presidential proclamation.
Subtitle B--Seat of Government of the United States
Sec. 111. Territory and boundaries.
Sec. 112. Description of Capital.
Sec. 113. Retention of title to property.
Sec. 114. Effect of admission on current laws of seat of Government of
United States.
Sec. 115. Capital National Guard.
Sec. 116. Termination of legal status of seat of Government of United
States as municipal corporation.
Subtitle C--General Provisions Relating to Laws of State
Sec. 121. Effect of admission on current laws.
Sec. 122. Pending actions and proceedings.
Sec. 123. Limitation on authority to tax Federal property.
Sec. 124. United States nationality.
TITLE II--INTERESTS OF FEDERAL GOVERNMENT
Subtitle A--Federal Property
Sec. 201. Treatment of military lands.
Sec. 202. Waiver of claims to Federal property.
Subtitle B--Federal Courts
Sec. 211. Residency requirements for certain Federal officials.
Sec. 212. Renaming of Federal courts.
Sec. 213. Conforming amendments relating to Department of Justice.
Sec. 214. Treatment of pretrial services in United States District
Court.
Subtitle C--Federal Elections
Sec. 221. Permitting individuals residing in Capital to vote in Federal
elections in State of most recent domicile.
Sec. 222. Repeal of Office of District of Columbia Delegate.
Sec. 223. Repeal of law providing for participation of seat of
government in election of President and Vice-President.
Sec. 224. Expedited procedures for consideration of constitutional
amendment repealing 23rd Amendment.
TITLE III--CONTINUATION OF CERTAIN AUTHORITIES AND RESPONSIBILITIES
Subtitle A--Employee Benefits
Sec. 301. Federal benefit payments under certain retirement programs.
Sec. 302. Continuation of Federal civil service benefits for employees
first employed prior to establishment of District of Columbia merit
personnel system.
Sec. 303. Obligations of Federal Government under judges' retirement
program.
Subtitle B--Agencies
Sec. 311. Public Defender Service.
Sec. 312. Prosecutions.
Sec. 313. Service of United States Marshals.
Sec. 314. Designation of felons to facilities of Bureau of Prisons.
Sec. 315. Parole and supervision.
Sec. 316. Courts.
Subtitle C--Other Programs and Authorities
Sec. 321. Application of the College Access Act.
Sec. 322. Application of the Scholarships for Opportunity and Results
Act.
Sec. 323. Medicaid Federal medical assistance percentage.
Sec. 324. Federal planning commissions.
Sec. 325. Role of Army Corps of Engineers in supplying water.
Sec. 326. Requirements to be located in District of Columbia.
TITLE IV--GENERAL PROVISIONS
Sec. 401. General definitions.
Sec. 402. Statehood Transition Commission.
Sec. 403. Certification of enactment by President.
Sec. 404. Severability.
TITLE I--STATE OF WASHINGTON, D.C.
Subtitle A--Procedures for Admission
SEC. 101. ADMISSION INTO THE UNION.
(a) In General.--Subject to the provisions of this Act, upon the
issuance of the proclamation required by section 103(a), the State of
Washington, Douglass Commonwealth is declared to be a State of the
United States of America, and is declared admitted into the Union on an
equal footing with the other States in all respects whatever.
(b) Constitution of State.--The State Constitution shall always be
republican in form and shall not be repugnant to the Constitution of
the United States or the principles of the Declaration of Independence.
(c) Nonseverability.--If any provision of this section, or the
application thereof to any person or circumstance, is held to be
invalid, the remaining provisions of this Act and any amendments made
by this Act shall be treated as invalid.
SEC. 102. ELECTION OF SENATORS AND REPRESENTATIVE.
(a) Issuance of Proclamation.--
(1) In general.--Not more than 30 days after receiving
certification of the enactment of this Act from the President
pursuant to section 403, the Mayor shall issue a proclamation
for the first elections for 2 Senators and one Representative
in Congress from the State, subject to the provisions of this
section.
(2) Special rule for elections of senators.--In the elections
of Senators from the State pursuant to paragraph (1), the 2
Senate offices shall be separately identified and designated,
and no person may be a candidate for both offices. No such
identification or designation of either of the offices shall
refer to or be taken to refer to the terms of such offices, or
in any way impair the privilege of the Senate to determine the
class to which each of the Senators shall be assigned.
(b) Rules for Conducting Elections.--
(1) In general.--The proclamation of the Mayor issued under
subsection (a) shall provide for the holding of a primary
election and a general election, and at such elections the
officers required to be elected as provided in subsection (a)
shall be chosen by the qualified voters of the District of
Columbia in the manner required by the laws of the District of
Columbia.
(2) Certification of results.--Election results shall be
certified in the manner required by the laws of the District of
Columbia, except that the Mayor shall also provide written
certification of the results of such elections to the
President.
(c) Assumption of Duties.--Upon the admission of the State into the
Union, the Senators and Representative elected at the elections
described in subsection (a) shall be entitled to be admitted to seats
in Congress and to all the rights and privileges of Senators and
Representatives of the other States in Congress.
(d) Effect of Admission on House of Representatives Membership.--
(1) Permanent increase in number of members.--Effective with
respect to the Congress during which the State is admitted into
the Union and each succeeding Congress, the House of
Representatives shall be composed of 436 Members, including any
Members representing the State.
(2) Initial number of representatives for state.--Until the
taking effect of the first apportionment of Members occurring
after the admission of the State into the Union, the State
shall be entitled to one Representative in the House of
Representatives upon its admission into the Union.
(3) Apportionment of members resulting from admission of
state.--
(A) Apportionment.--Section 22(a) of the Act entitled
``An Act to provide for the fifteenth and subsequent
decennial censuses and to provide for apportionment of
Representatives in Congress'', approved June 18, 1929
(2 U.S.C. 2a(a)), is amended by striking ``the then
existing number of Representatives'' and inserting
``436 Representatives''.
(B) Effective date.--The amendment made by
subparagraph (A) shall apply with respect to the first
regular decennial census conducted after the admission
of the State into the Union and each subsequent regular
decennial census.
SEC. 103. ISSUANCE OF PRESIDENTIAL PROCLAMATION.
(a) In General.--The President, upon the certification of the results
of the elections of the officers required to be elected as provided in
section 102(a), shall, not later than 90 days after receiving such
certification pursuant to section 102(b)(2), issue a proclamation
announcing the results of such elections as so ascertained.
(b) Admission of State Upon Issuance of Proclamation.--Upon the
issuance of the proclamation by the President under subsection (a), the
State shall be declared admitted into the Union as provided in section
101(a).
Subtitle B--Seat of Government of the United States
SEC. 111. TERRITORY AND BOUNDARIES.
(a) In General.--Except as provided in subsection (b), the State
shall consist of all of the territory of the District of Columbia as of
the date of the enactment of this Act, subject to the results of the
metes and bounds survey conducted under subsection (c).
(b) Exclusion of Portion Remaining as Seat of Government of United
States.--The territory of the State shall not include the area
described in section 112, which shall be known as the ``Capital'' and
shall serve as the seat of the Government of the United States, as
provided in clause 17 of section 8 of article I of the Constitution of
the United States.
(c) Metes and Bounds Survey.--Not later than 180 days after the date
of the enactment of this Act, the President (in consultation with the
Chair of the National Capital Planning Commission) shall conduct a
metes and bounds survey of the Capital, as described in section 112(b).
SEC. 112. DESCRIPTION OF CAPITAL.
(a) In General.--Subject to subsection (c), upon the admission of the
State into the Union, the Capital shall consist of the property
described in subsection (b) and shall include the principal Federal
monuments, the White House, the Capitol Building, the United States
Supreme Court Building, and the Federal executive, legislative, and
judicial office buildings located adjacent to the Mall and the Capitol
Building (as such terms are used in section 8501(a) of title 40, United
States Code).
(b) General Description.--Upon the admission of the State into the
Union, the boundaries of the Capital shall be as follows: Beginning at
the intersection of the southern right-of-way of F Street NE and the
eastern right-of-way of 2nd Street NE;
(1) thence south along said eastern right-of-way of 2nd
Street NE to its intersection with the northeastern right-of-
way of Maryland Avenue NE;
(2) thence southwest along said northeastern right-of-way of
Maryland Avenue NE to its intersection with the northern right-
of-way of Constitution Avenue NE;
(3) thence west along said northern right-of-way of
Constitution Avenue NE to its intersection with the eastern
right-of-way of 1st Street NE;
(4) thence south along said eastern right-of-way of 1st
Street NE to its intersection with the southeastern right-of-
way of Maryland Avenue NE;
(5) thence northeast along said southeastern right-of-way of
Maryland Avenue NE to its intersection with the eastern right-
of-way of 2nd Street SE;
(6) thence south along said eastern right-of-way of 2nd
Street SE to the eastern right-of-way of 2nd Street SE;
(7) thence south along said eastern right-of-way of 2nd
Street SE to its intersection with the northern property
boundary of the property designated as Square 760 Lot 803;
(8) thence east along said northern property boundary of
Square 760 Lot 803 to its intersection with the western right-
of-way of 3rd Street SE;
(9) thence south along said western right-of-way of 3rd
Street SE to its intersection with the northern right-of-way of
Independence Avenue SE;
(10) thence west along said northern right-of-way of
Independence Avenue SE to its intersection with the
northwestern right-of-way of Pennsylvania Avenue SE;
(11) thence northwest along said northwestern right-of-way of
Pennsylvania Avenue SE to its intersection with the eastern
right-of-way of 2nd Street SE;
(12) thence south along said eastern right-of-way of 2nd
Street SE to its intersection with the southern right-of-way of
C Street SE;
(13) thence west along said southern right-of-way of C Street
SE to its intersection with the eastern right-of-way of 1st
Street SE;
(14) thence south along said eastern right-of-way of 1st
Street SE to its intersection with the southern right-of-way of
D Street SE;
(15) thence west along said southern right-of-way of D Street
SE to its intersection with the eastern right-of-way of South
Capitol Street;
(16) thence south along said eastern right-of-way of South
Capitol Street to its intersection with the northwestern right-
of-way of Canal Street SE;
(17) thence southeast along said northwestern right-of-way of
Canal Street SE to its intersection with the southern right-of-
way of E Street SE;
(18) thence east along said southern right-of-way of said E
Street SE to its intersection with the western right-of-way of
1st Street SE;
(19) thence south along said western right-of-way of 1st
Street SE to its intersection with the southernmost corner of
the property designated as Square 736S Lot 801;
(20) thence west along a line extended due west from said
corner of said property designated as Square 736S Lot 801 to
its intersection with the southwestern right-of-way of New
Jersey Avenue SE;
(21) thence southeast along said southwestern right-of-way of
New Jersey Avenue SE to its intersection with the northwestern
right-of-way of Virginia Avenue SE;
(22) thence northwest along said northwestern right-of-way of
Virginia Avenue SE to its intersection with the western right-
of-way of South Capitol Street;
(23) thence north along said western right-of-way of South
Capitol Street to its intersection with the southern right-of-
way of E Street SW;
(24) thence west along said southern right-of-way of E Street
SW to its end;
(25) thence west along a line extending said southern right-
of-way of E Street SW westward to its intersection with the
eastern right-of-way of 2nd Street SW;
(26) thence north along said eastern right-of-way of 2nd
Street SW to its intersection with the southwestern right-of-
way of Virginia Avenue SW;
(27) thence northwest along said southwestern right-of-way of
Virginia Avenue SW to its intersection with the western right-
of-way of 3rd Street SW;
(28) thence north along said western right-of-way of 3rd
Street SW to its intersection with the northern right-of-way of
D Street SW;
(29) thence west along said northern right-of-way of D Street
SW to its intersection with the eastern right-of-way of 4th
Street SW;
(30) thence north along said eastern right-of-way of 4th
Street SW to its intersection with the northern right-of-way of
C Street SW;
(31) thence west along said northern right-of-way of C Street
SW to its intersection with the eastern right-of-way of 6th
Street SW;
(32) thence north along said eastern right-of-way of 6th
Street SW to its intersection with the northern right-of-way of
Independence Avenue SW;
(33) thence west along said northern right-of-way of
Independence Avenue SW to its intersection with the western
right-of-way of 12th Street SW;
(34) thence south along said western right-of-way of 12th
Street SW to its intersection with the northern right-of-way of
D Street SW;
(35) thence west along said northern right-of-way of D Street
SW to its intersection with the eastern right-of-way of 14th
Street SW;
(36) thence south along said eastern right-of-way of 14th
Street SW to its intersection with the northeastern boundary of
the Consolidated Rail Corporation railroad easement;
(37) thence southwest along said northeastern boundary of the
Consolidated Rail Corporation railroad easement to its
intersection with the eastern shore of the Potomac River;
(38) thence generally northwest along said eastern shore of
the Potomac River to its intersection with a line extending
westward the northern boundary of the property designated as
Square 12 Lot 806;
(39) thence east along said line extending westward the
northern boundary of the property designated as Square 12 Lot
806 to the northern property boundary of the property
designated as Square 12 Lot 806, and continuing east along said
northern boundary of said property designated as Square 12 Lot
806 to its northeast corner;
(40) thence east along a line extending east from said
northeast corner of the property designated as Square 12 Lot
806 to its intersection with the western boundary of the
property designated as Square 33 Lot 87;
(41) thence south along said western boundary of the property
designated as Square 33 Lot 87 to its intersection with the
northwest corner of the property designated as Square 33 Lot
88;
(42) thence counter-clockwise around the boundary of said
property designated as Square 33 Lot 88 to its southeast
corner, which is along the northern right-of-way of E Street
NW;
(43) thence east along said northern right-of-way of E Street
NW to its intersection with the western right-of-way of 18th
Street NW;
(44) thence south along said western right-of-way of 18th
Street NW to its intersection with the southwestern right-of-
way of Virginia Avenue NW;
(45) thence southeast along said southwestern right-of-way of
Virginia Avenue NW to its intersection with the northern right-
of-way of Constitution Avenue NW;
(46) thence east along said northern right-of-way of
Constitution Avenue NW to its intersection with the eastern
right-of-way of 17th Street NW;
(47) thence north along said eastern right-of-way of 17th
Street NW to its intersection with the southern right-of-way of
H Street NW;
(48) thence east along said southern right-of-way of H Street
NW to its intersection with the northwest corner of the
property designated as Square 221 Lot 35;
(49) thence counter-clockwise around the boundary of said
property designated as Square 221 Lot 35 to its southeast
corner, which is along the boundary of the property designated
as Square 221 Lot 37;
(50) thence counter-clockwise around the boundary of said
property designated as Square 221 Lot 37 to its southwest
corner, which it shares with the property designated as Square
221 Lot 818;
(51) thence south along the boundary of said property
designated as Square 221 Lot 818 to its southwest corner, which
it shares with the property designated as Square 221 Lot 40;
(52) thence south along the boundary of said property
designated as Square 221 Lot 40 to its southwest corner;
(53) thence east along the southern border of said property
designated as Square 221 Lot 40 to its intersection with the
northwest corner of the property designated as Square 221 Lot
820;
(54) thence south along the western boundary of said property
designated as Square 221 Lot 820 to its southwest corner, which
it shares with the property designated as Square 221 Lot 39;
(55) thence south along the western boundary of said property
designated as Square 221 Lot 39 to its southwest corner, which
is along the northern right-of-way of Pennsylvania Avenue NW;
(56) thence east along said northern right-of-way of
Pennsylvania Avenue NW to its intersection with the western
right-of-way of 15th Street NW;
(57) thence south along said western right-of-way of 15th
Street NW to its intersection with a line extending northwest
from the southern right-of-way of the portion of Pennsylvania
Avenue NW north of Pershing Square;
(58) thence southeast along said line extending the southern
right-of-way of Pennsylvania Avenue NW to the southern right-
of-way of Pennsylvania Avenue NW, and continuing southeast
along said southern right-of-way of Pennsylvania Avenue NW to
its intersection with the western right-of-way of 14th Street
NW;
(59) thence south along said western right-of-way of 14th
Street NW to its intersection with a line extending west from
the southern right-of-way of D Street NW;
(60) thence east along said line extending west from the
southern right-of-way of D Street NW to the southern right-of-
way of D Street NW, and continuing east along said southern
right-of-way of D Street NW to its intersection with the
eastern right-of-way of 13\1/2\ Street NW;
(61) thence north along said eastern right-of-way of 13\1/2\
Street NW to its intersection with the southern right-of-way of
Pennsylvania Avenue NW;
(62) thence east and southeast along said southern right-of-
way of Pennsylvania Avenue NW to its intersection with the
western right-of-way of 12th Street NW;
(63) thence south along said western right-of-way of 12th
Street NW to its intersection with a line extending to the west
the southern boundary of the property designated as Square 324
Lot 809;
(64) thence east along said line to the southwest corner of
said property designated as Square 324 Lot 809, and continuing
northeast along the southern boundary of said property
designated as Square 324 Lot 809 to its eastern corner, which
it shares with the property designated as Square 323 Lot 802;
(65) thence east along the southern boundary of said property
designated as Square 323 Lot 802 to its southeast corner, which
it shares with the property designated as Square 324 Lot 808;
(66) thence counter-clockwise around the boundary of said
property designated as Square 324 Lot 808 to its northeastern
corner, which is along the southern right-of-way of
Pennsylvania Avenue NW;
(67) thence southeast along said southern right-of-way of
Pennsylvania Avenue NW to its intersection with the eastern
right-of-way of 4th Street NW;
(68) thence north along a line extending north from said
eastern right-of-way of 4th Street NW to its intersection with
the southern right-of-way of C Street NW;
(69) thence east along said southern right-of-way of C Street
NW to its intersection with the eastern right-of-way of 3rd
Street NW;
(70) thence north along said eastern right-of-way of 3rd
Street NW to its intersection with the southern right-of-way of
D Street NW;
(71) thence east along said southern right-of-way of D Street
NW to its intersection with the western right-of-way of 1st
Street NW;
(72) thence south along said western right-of-way of 1st
Street NW to its intersection with the northern right-of-way of
C Street NW;
(73) thence west along said northern right-of-way of C Street
NW to its intersection with the western right-of-way of 2nd
Street NW;
(74) thence south along said western right-of-way of 2nd
Street NW to its intersection with the northern right-of-way of
Constitution Avenue NW;
(75) thence east along said northern right-of-way of
Constitution Avenue NW to its intersection with the
northeastern right-of-way of Louisiana Avenue NW;
(76) thence northeast along said northeastern right-of-way of
Louisiana Avenue NW to its intersection with the southwestern
right-of-way of New Jersey Avenue NW;
(77) thence northwest along said southwestern right-of-way of
New Jersey Avenue NW to its intersection with the northern
right-of-way of D Street NW;
(78) thence east along said northern right-of-way of D Street
NW to its intersection with the northeastern right-of-way of
Louisiana Avenue NW;
(79) thence northeast along said northwestern right-of-way of
Louisiana Avenue NW to its intersection with the western right-
of-way of North Capitol Street;
(80) thence north along said western right-of-way of North
Capitol Street to its intersection with the southwestern right-
of-way of Massachusetts Avenue NW;
(81) thence southeast along said southwestern right-of-way of
Massachusetts Avenue NW to the southwestern right-of-way of
Massachusetts Avenue NE;
(82) thence southeast along said southwestern right-of-way of
Massachusetts Avenue NE to the southern right-of-way of
Columbus Circle NE;
(83) thence counter-clockwise along said southern right-of-
way of Columbus Circle NE to its intersection with the southern
right-of way of F Street NE; and
(84) thence east along said southern right-of-way of F Street
NE to the point of beginning.
(c) Exclusion of Building Serving as State Capitol.--Notwithstanding
any other provision of this section, after the admission of the State
into the Union, the Capital shall not be considered to include the
building known as the ``John A. Wilson Building'', as described and
designated under section 601(a) of the Omnibus Spending Reduction Act
of 1993 (sec. 10-1301(a), D.C. Official Code).
SEC. 113. RETENTION OF TITLE TO PROPERTY.
(a) Retention of Federal Title.--The United States shall have and
retain title to, or jurisdiction over, for purposes of administration
and maintenance, all real and personal property with respect to which
the United States holds title or jurisdiction for such purposes on the
day before the date of the admission of the State into the Union.
(b) Retention of State Title.--The State shall have and retain title
to, or jurisdiction over, for purposes of administration and
maintenance, all real and personal property with respect to which the
District of Columbia holds title or jurisdiction for such purposes on
the day before the date of the admission of the State into the Union.
SEC. 114. EFFECT OF ADMISSION ON CURRENT LAWS OF SEAT OF GOVERNMENT OF
UNITED STATES.
Except as otherwise provided in this Act, the laws of the District of
Columbia which are in effect on the day before the date of the
admission of the State into the Union (without regard to whether such
laws were enacted by Congress or by the District of Columbia) shall
apply in the Capital in the same manner and to the same extent
beginning on the date of the admission of the State into the Union, and
shall be deemed laws of the United States which are applicable only in
or to the Capital.
SEC. 115. CAPITAL NATIONAL GUARD.
(a) Establishment.--Title 32, United States Code, is amended as
follows:
(1) Definitions.--In paragraphs (4), (6), and (19) of section
101, by striking ``District of Columbia'' each place it appears
and inserting ``Capital''.
(2) Branches and organizations.--In section 103, by striking
``District of Columbia'' and inserting ``Capital''.
(3) Units: location; organization; command.--In subsections
(c) and (d) of section 104, by striking ``District of
Columbia'' both places it appears and inserting ``Capital''.
(4) Availability of appropriations.--In section 107(b), by
striking ``District of Columbia'' and inserting ``Capital''.
(5) Maintenance of other troops.--In subsections (a), (b),
and (c) of section 109, by striking ``District of Columbia''
each place it appears and inserting ``Capital''.
(6) Drug interdiction and counter-drug activities.--In
section 112(h)--
(A) by striking ``District of Columbia,'' both places
it appears and inserting ``Capital,''; and
(B) in paragraph (2), by striking ``National Guard of
the District of Columbia'' and inserting ``Capital
National Guard''.
(7) Enlistment oath.--In section 304, by striking ``District
of Columbia'' and inserting ``Capital''.
(8) Adjutants general.--In section 314, by striking
``District of Columbia'' each place it appears and inserting
``Capital''.
(9) Detail of regular members of army and air force to duty
with national guard.--In section 315, by striking ``District of
Columbia'' each place it appears and inserting ``Capital''.
(10) Discharge of officers; termination of appointment.--In
section 324(b), by striking ``District of Columbia'' and
inserting ``Capital''.
(11) Relief from national guard duty when ordered to active
duty.--In subsections (a) and (b) of section 325, by striking
``District of Columbia'' each place it appears and inserting
``Capital''.
(12) Courts-martial of national guard not in federal service:
composition, jurisdiction, and procedures; convening
authority.--In sections 326 and 327, by striking ``District of
Columbia'' each place it appears and inserting ``Capital''.
(13) Active guard and reserve duty: governor's authority.--In
section 328(a), by striking ``District of Columbia'' and
inserting ``Capital''.
(14) Training generally.--In section 501(b), by striking
``District of Columbia'' and inserting ``Capital''.
(15) Participation in field exercises.--In section 503(b), by
striking ``District of Columbia'' and inserting ``Capital''.
(16) National guard schools and small arms competitions.--In
section 504(b), by striking ``District of Columbia'' and
inserting ``Capital''.
(17) Army and air force schools and field exercises.--In
section 505, by striking ``National Guard of the District of
Columbia'' and inserting ``Capital National Guard''.
(18) National guard youth challenge program.--In subsections
(c)(1), (g)(2), (j), (k), and (l)(1) of section 509, by
striking ``District of Columbia'' each place it appears and
inserting ``Capital''.
(19) Issue of supplies.--In section 702--
(A) in subsection (a), by striking ``National Guard
of the District of Columbia'' and inserting ``Capital
National Guard''; and
(B) in subsections (b), (c), and (d), by striking
``District of Columbia'' each place it appears and
inserting ``Capital''.
(20) Purchases of supplies from army or air force.--In
subsections (a) and (b) of section 703, by striking ``District
of Columbia'' both places it appears and inserting ``Capital''.
(21) Accountability: relief from upon order to active duty.--
In section 704, by striking ``District of Columbia'' and
inserting ``Capital''.
(22) Property and fiscal officers.--In section 708--
(A) in subsection (a), by striking ``National Guard
of the District of Columbia'' and inserting ``Capital
National Guard''; and
(B) in subsection (d), by striking ``District of
Columbia'' and inserting ``Capital''.
(23) Accountability for property issued to the national
guard.--In subsections (c), (d), (e), and (f) of section 710,
by striking ``District of Columbia'' each place it appears and
inserting ``Capital''.
(24) Disposition of obsolete or condemned property.--In
section 711, by striking ``District of Columbia'' and inserting
``Capital''.
(25) Disposition of proceeds of condemned stores issued to
national guard.--In paragraph (1) of section 712, by striking
``District of Columbia'' and inserting ``Capital''.
(26) Property loss; personal injury or death.--In section
715(c), by striking ``District of Columbia'' and inserting
``Capital''.
(b) Conforming Amendments.--
(1) Capital defined.--
(A) In general.--Section 101 of title 32, United
States Code, is amended by adding at the end the
following new paragraph:
``(20) `Capital' means the area serving as the seat of the
Government of the United States, as described in section 112 of
the Washington, D.C. Admission Act.''.
(B) With regards to homeland defense activities.--
Section 901 of title 32, United States Code, is
amended--
(i) in paragraph (2), by striking ``District
of Columbia'' and inserting ``Capital''; and
(ii) by adding at the end the following new
paragraph:
``(3) The term `Governor' means, with respect to the Capital,
the commanding general of the Capital National Guard.''.
(2) Title 10, united states code.--Title 10, United States
Code, is amended as follows:
(A) Definitions.--In section 101--
(i) in subsection (a), by adding at the end
the following new paragraph:
``(19) The term `Capital' means the area serving as the seat
of the Government of the United States, as described in section
112 of the Washington, D.C. Admission Act.'';
(ii) in paragraphs (2) and (4) of subsection
(c), by striking ``District of Columbia'' both
places it appears and inserting ``Capital'';
and
(iii) in subsection (d)(5), by striking
``District of Columbia'' and inserting
``Capital''.
(B) Disposition on discharge.--In section 771a(c), by
striking ``District of Columbia'' and inserting
``Capital''.
(C) TRICARE coverage for certain members of the
national guard and dependents during certain disaster
response duty.--In section 1076f--
(i) in subsections (a) and (c)(1), by
striking ``with respect to the District of
Columbia, the mayor of the District of
Columbia'' both places it appears and inserting
``with respect to the Capital, the commanding
general of the Capital National Guard''; and
(ii) in subsection (c)(2), by striking
``District of Columbia'' and inserting
``Capital''.
(D) Payment of claims: availability of
appropriations.--In paragraph (2)(B) of section 2732,
by striking ``District of Columbia'' and inserting
``Capital''.
(E) Members of army national guard: detail as
students, observers, and investigators at educational
institutions, industrial plants, and hospitals.--In
section 7401(c), by striking ``District of Columbia''
and inserting ``Capital''.
(F) Members of air national guard: detail as
students, observers, and investigators at educational
institutions, industrial plants, and hospitals.--In
section 9401(c), by striking ``District of Columbia''
and inserting ``Capital''.
(G) Ready reserve: failure to satisfactorily perform
prescribed training.--In section 10148(b)--
(i) by striking ``District of Columbia,'' and
inserting ``Capital,''; and
(ii) by striking ``District of Columbia
National Guard'' and inserting ``Capital
National Guard''.
(H) Chief of the national guard bureau.--In section
10502(a)(1)--
(i) by striking ``District of Columbia,'' and
inserting ``Capital,''; and
(ii) by striking ``District of Columbia
National Guard'' and inserting ``Capital
National Guard''.
(I) Vice chief of the national guard bureau.--In
section 10505(a)(1)(A)--
(i) by striking ``District of Columbia,'' and
inserting ``Capital,''; and
(ii) by striking ``District of Columbia
National Guard'' and inserting ``Capital
National Guard''.
(J) Other senior national guard bureau officers.--In
subparagraphs (A) and (B) of section 10506(a)(1)--
(i) by striking ``District of Columbia,''
both places it appears and inserting
``Capital,''; and
(ii) by striking ``District of Columbia
National Guard'' both places it appears and
inserting ``Capital National Guard''.
(K) National guard bureau: general provisions.--In
section 10508(b)(1), by striking ``District of
Columbia'' and inserting ``Capital''.
(L) Commissioned officers: original appointment;
limitation.--In section 12204(b), by striking
``District of Columbia'' and inserting ``Capital''.
(M) Reserve components generally.--In section
12301(b), by striking ``District of Columbia National
Guard'' both places it appears and inserting ``Capital
National Guard''.
(N) National guard in federal service: call.--In
section 12406--
(i) by striking ``District of Columbia,'' and
inserting ``Capital,''; and
(ii) by striking ``National Guard of the
District of Columbia'' and inserting ``Capital
National Guard''.
(O) Result of failure to comply with standards and
qualifications.--In section 12642(c), by striking
``District of Columbia'' and inserting ``Capital''.
(P) Limitation on relocation of national guard
units.--In section 18238--
(i) by striking ``District of Columbia,'' and
inserting ``Capital,''; and
(ii) by striking ``National Guard of the
District of Columbia'' and inserting ``Capital
National Guard''.
SEC. 116. TERMINATION OF LEGAL STATUS OF SEAT OF GOVERNMENT OF UNITED
STATES AS MUNICIPAL CORPORATION.
Notwithstanding section 2 of the Revised Statutes relating to the
District of Columbia (sec. 1-102, D.C. Official Code) or any other
provision of law codified in subchapter I of chapter 1 of the District
of Columbia Official Code, effective upon the date of the admission of
the State into the Union, the Capital (or any portion thereof) shall
not serve as a government and shall not be a body corporate for
municipal purposes.
Subtitle C--General Provisions Relating to Laws of State
SEC. 121. EFFECT OF ADMISSION ON CURRENT LAWS.
(a) Legislative Power.--The legislative power of the State shall
extend to all rightful subjects of legislation in the State, consistent
with the Constitution of the United States (including the restrictions
and limitations imposed upon the States by article I, section 10) and
subject to the provisions of this Act.
(b) Continuation of Authority and Duties of Members of Executive,
Legislative, and Judicial Offices.--Upon the admission of the State
into the Union, members of executive, legislative, and judicial offices
of the District of Columbia shall be deemed members of the respective
executive, legislative, and judicial offices of the State, as provided
by the State Constitution and the laws of the State.
(c) Treatment of Federal Laws.--To the extent that any law of the
United States applies to the States generally, the law shall have the
same force and effect in the State as elsewhere in the United States,
except as such law may otherwise provide.
(d) No Effect on Existing Contracts.--Nothing in the admission of the
State into the Union shall affect any obligation under any contract or
agreement under which the District of Columbia or the United States is
a party, as in effect on the day before the date of the admission of
the State into the Union.
(e) Succession in Interstate Compacts.--The State shall be deemed to
be the successor to the District of Columbia for purposes of any
interstate compact which is in effect on the day before the date of the
admission of the State into the Union.
(f) Continuation of Service of Federal Members on Boards and
Commissions.--Nothing in the admission of the State into the Union
shall affect the authority of a representative of the Federal
Government who, as of the day before the date of the admission of the
State into the Union, is a member of a board or commission of the
District of Columbia to serve as a member of such board or commission
or as a member of a successor to such board or commission after the
admission of the State into the Union, as may be provided by the State
Constitution and the laws of the State.
(g) Special Rule Regarding Enforcement Authority of United States
Capitol Police, United States Park Police, and United States Secret
Service Uniformed Division.--The United States Capitol Police, the
United States Park Police, and the United States Secret Service
Uniformed Division may not enforce any law of the State in the State,
except to the extent authorized by the State. Nothing in this
subsection may be construed to affect the authority of the United
States Capitol Police, the United States Park Police, and the United
States Secret Service Uniformed Division to enforce any law in the
Capital.
SEC. 122. PENDING ACTIONS AND PROCEEDINGS.
(a) State as Legal Successor to District of Columbia.--The State
shall be the legal successor to the District of Columbia in all
matters.
(b) No Effect on Pending Proceedings.--All existing writs, actions,
suits, judicial and administrative proceedings, civil or criminal
liabilities, prosecutions, judgments, sentences, orders, decrees,
appeals, causes of action, claims, demands, titles, and rights shall
continue unaffected by the admission of the State into the Union with
respect to the State or the United States, except as may be provided
under this Act, as may be modified in accordance with the provisions of
the State Constitution, and as may be modified by the laws of the State
or the United States, as the case may be.
SEC. 123. LIMITATION ON AUTHORITY TO TAX FEDERAL PROPERTY.
The State may not impose any tax on any real or personal property
owned or acquired by the United States, except to the extent that
Congress may permit.
SEC. 124. UNITED STATES NATIONALITY.
No provision of this Act shall operate to confer United States
nationality, to terminate nationality lawfully acquired, or to restore
nationality terminated or lost under any law of the United States or
under any treaty to which the United States is or was a party.
TITLE II--INTERESTS OF FEDERAL GOVERNMENT
Subtitle A--Federal Property
SEC. 201. TREATMENT OF MILITARY LANDS.
(a) Reservation of Federal Authority.--
(1) In general.--Subject to paragraph (2) and subsection (b)
and notwithstanding the admission of the State into the Union,
authority is reserved in the United States for the exercise by
Congress of the power of exclusive legislation in all cases
whatsoever over such tracts or parcels of land located in the
State that, on the day before the date of the admission of the
State into the Union, are controlled or owned by the United
States and held for defense or Coast Guard purposes.
(2) Limitation on authority.--The power of exclusive
legislation described in paragraph (1) shall vest and remain in
the United States only so long as the particular tract or
parcel of land involved is controlled or owned by the United
States and held for defense or Coast Guard purposes.
(b) Authority of State.--
(1) In general.--The reservation of authority in the United
States under subsection (a) shall not operate to prevent such
tracts or parcels of land from being a part of the State, or to
prevent the State from exercising over or upon such lands,
concurrently with the United States, any jurisdiction which it
would have in the absence of such reservation of authority and
which is consistent with the laws hereafter enacted by Congress
pursuant to such reservation of authority.
(2) Service of process.--The State shall have the right to
serve civil or criminal process in such tracts or parcels of
land in which the authority of the United States is reserved
under subsection (a) in suits or prosecutions for or on account
of rights acquired, obligations incurred, or crimes committed
in the State but outside of such lands.
SEC. 202. WAIVER OF CLAIMS TO FEDERAL PROPERTY.
(a) In General.--As a compact with the United States, the State and
its people disclaim all right and title to any real or personal
property not granted or confirmed to the State by or under the
authority of this Act, the right or title to which is held by the
United States or subject to disposition by the United States.
(b) Effect on Claims Against United States.--
(1) In general.--Nothing in this Act shall recognize, deny,
enlarge, impair, or otherwise affect any claim against the
United States, and any such claim shall be governed by
applicable laws of the United States.
(2) Rule of construction.--Nothing in this Act is intended or
shall be construed as a finding, interpretation, or
construction by Congress that any applicable law authorizes,
establishes, recognizes, or confirms the validity or invalidity
of any claim referred to in paragraph (1), and the
determination of the applicability to or the effect of any law
on any such claim shall be unaffected by anything in this Act.
Subtitle B--Federal Courts
SEC. 211. RESIDENCY REQUIREMENTS FOR CERTAIN FEDERAL OFFICIALS.
(a) Circuit Judges.--Section 44(c) of title 28, United States Code,
is amended--
(1) by striking ``Except in the District of Columbia, each''
and inserting ``Each''; and
(2) by striking ``within fifty miles of the District of
Columbia'' and inserting ``within fifty miles of the Capital''.
(b) District Judges.--Section 134(b) of such title is amended in the
first sentence by striking ``the District of Columbia, the Southern
District of New York, and'' and inserting ``the Southern District of
New York and''.
(c) United States Attorneys.--Section 545(a) of such title is amended
by striking the first sentence and inserting ``Each United States
attorney shall reside in the district for which he or she is appointed,
except that those officers of the Southern District of New York and the
Eastern District of New York may reside within 20 miles thereof.''.
(d) United States Marshals.--Section 561(e)(1) of such title is
amended to read as follows:
``(1) the marshal for the Southern District of New York may
reside within 20 miles of the district; and''.
(e) Clerks of District Courts.--Section 751(c) of such title is
amended by striking ``the District of Columbia and''.
(f) Effective Date.--The amendments made by this section shall apply
only to individuals appointed after the date of the admission of the
State into the Union.
SEC. 212. RENAMING OF FEDERAL COURTS.
(a) Renaming.--
(1) Circuit court.--Section 41 of title 28, United States
Code, is amended--
(A) in the first column, by striking ``District of
Columbia'' and inserting ``Capital''; and
(B) in the second column, by striking ``District of
Columbia'' and inserting ``Capital; Washington,
Douglass Commonwealth''.
(2) District court.--Section 88 of such title is amended--
(A) in the heading, by striking ``District of
Columbia'' and inserting ``Washington, Douglass
Commonwealth and the Capital'';
(B) by amending the first paragraph to read as
follows:
``The State of Washington, Douglass Commonwealth and the
Capital comprise one judicial district.''; and
(C) in the second paragraph, by striking
``Washington'' and inserting ``the Capital''.
(3) Clerical amendment.--The item relating to section 88 in
the table of sections for chapter 5 of such title is amended to
read as follows:
``88. Washington, Douglass Commonwealth and the Capital.''.
(b) Conforming Amendments Relating to Court of Appeals.--Title 28,
United States Code, is amended as follows:
(1) Appointment of judges.--Section 44(a) of such title is
amended in the first column by striking ``District of
Columbia'' and inserting ``Capital''.
(2) Terms of court.--Section 48(a) of such title is amended--
(A) in the first column, by striking ``District of
Columbia'' and inserting ``Capital'';
(B) in the second column, by striking ``Washington''
and inserting ``Capital'' ; and
(C) in the second column, by striking ``District of
Columbia'' and inserting ``Capital''.
(3) Appointment of independent counsels by chief judge of
circuit.--Section 49 of such title is amended by striking
``District of Columbia'' each place it appears and inserting
``Capital''.
(4) Circuit court jurisdiction over certification of death
penalty counsels.--Section 2265(c)(2) of such title is amended
by striking ``the District of Columbia Circuit'' and inserting
``the Capital Circuit''.
(5) Circuit court jurisdiction over review of federal agency
orders.--Section 2343 of such title is amended by striking
``the District of Columbia Circuit'' and inserting ``the
Capital Circuit''.
(c) Conforming Amendments Relating to District Court.--Title 28,
United States Code, is amended as follows:
(1) Appointment and number of district court judges.--Section
133(a) of such title is amended in the first column by striking
``District of Columbia'' and inserting ``Washington, Douglass
Commonwealth and the Capital''.
(2) District court jurisdiction of tax cases brought against
united states.--Section 1346(e) of such title is amended by
striking ``the District of Columbia'' and inserting
``Washington, Douglass Commonwealth and the Capital''.
(3) District court jurisdiction over proceedings for
forfeiture of foreign property.--Section 1355(b)(2) of such
title is amended by striking ``the District of Columbia'' and
inserting ``Washington, Douglass Commonwealth and the
Capital''.
(4) District court jurisdiction over civil actions brought
against a foreign state.--Section 1391(f)(4) of such title is
amended by striking ``the District of Columbia'' and inserting
``Washington, Douglass Commonwealth and the Capital''.
(5) District court jurisdiction over actions brought by
corporations against united states.--Section 1402(a)(2) of such
title is amended by striking ``the District of Columbia'' and
inserting ``Washington, Douglass Commonwealth and the
Capital''.
(6) Venue in district court of certain actions brought by
employees of executive office of the president.--Section 1413
of such title is amended by striking ``the District of
Columbia'' and inserting ``Washington, Douglass Commonwealth
and the Capital''.
(7) Venue in district court of action enforcing foreign
judgment.--Section 2467(c)(2)(B) of such title is amended by
striking ``the District of Columbia'' and inserting
``Washington, Douglass Commonwealth and the Capital''.
(d) Conforming Amendments Relating to Other Courts.--Title 28, United
States Code, is amended as follows:
(1) Appointment of bankruptcy judges.--Section 152(a)(2) of
such title is amended in the first column by striking
``District of Columbia'' and inserting ``Washington, Douglass
Commonwealth and the Capital''.
(2) Location of court of federal claims.--Section 173 of such
title is amended by striking ``the District of Columbia'' and
inserting ``the Capital''.
(3) Duty station of judges of court of federal claims.--
Section 175 of such title is amended by striking ``the District
of Columbia'' each place it appears and inserting ``the
Capital''.
(4) Duty station of judges for purposes of traveling
expenses.--Section 456(b) of such title is amended to read as
follows:
``(b) The official duty station of the Chief Justice of the United
States, the Justices of the Supreme Court of the United States, and the
judges of the United States Court of Appeals for the Federal Circuit
shall be the Capital.''.
(5) Court accommodations for federal circuit and court of
federal claims.--Section 462(d) of such title is amended by
striking ``the District of Columbia'' and inserting ``the
Capital''.
(6) Places of holding court of court of federal claims.--
Section 798(a) of such title is amended--
(A) by striking ``Washington, District of Columbia''
and inserting ``the Capital''; and
(B) by striking ``the District of Columbia'' and
inserting ``the Capital''.
(e) Other Conforming Amendments.--
(1) Service of process on foreign parties at state department
office.--Section 1608(a)(4) of such title is amended by
striking ``Washington, District of Columbia'' and inserting
``the Capital''.
(2) Service of process in property cases at attorney general
office.--Section 2410(b) of such title is amended by striking
``Washington, District of Columbia'' and inserting ``the
Capital''.
(f) Definition.--Section 451 of title 28, United States Code, is
amended by adding at the end the following new undesignated paragraph:
``The term `Capital' means the area serving as the seat of the
Government of the United States, as described in section 112 of the
Washington, D.C. Admission Act.''.
(g) References in Other Laws.--Any reference in any Federal law
(other than a law amended by this section), rule, or regulation--
(1) to the United States Court of Appeals for the District of
Columbia shall be deemed to refer to the United States Court of
Appeals for the Capital;
(2) to the District of Columbia Circuit shall be deemed to
refer to the Capital Circuit; and
(3) to the United States District Court for the District of
Columbia shall be deemed to refer to the United States District
Court for Washington, Douglass Commonwealth and the Capital.
(h) Effective Date.--This section and the amendments made by this
section shall take effect upon the admission of the State into the
Union.
SEC. 213. CONFORMING AMENDMENTS RELATING TO DEPARTMENT OF JUSTICE.
(a) Appointment of United States Trustees.--Section 581(a)(4) of
title 28, United States Code, is amended by striking ``the District of
Columbia'' and inserting ``the Capital and Washington, Douglass
Commonwealth''.
(b) Independent Counsels.--
(1) Appointment of additional personnel.--Section 594(c) of
such title is amended--
(A) by striking ``the District of Columbia'' the
first place it appears and inserting ``Washington,
Douglass Commonwealth and the Capital''; and
(B) by striking ``the District of Columbia'' the
second place it appears and inserting ``Washington,
Douglass Commonwealth''.
(2) Judicial review of removal.--Section 596(a)(3) of such
title is amended by striking ``the District of Columbia'' and
inserting ``Washington, Douglass Commonwealth and the
Capital''.
(c) Effective Date.--The amendments made by this section shall take
effect upon the admission of the State into the Union.
SEC. 214. TREATMENT OF PRETRIAL SERVICES IN UNITED STATES DISTRICT
COURT.
Section 3152 of title 18, United States Code, is amended--
(1) in subsection (a), by striking ``(other than the District
of Columbia)'' and inserting ``(subject to subsection (d),
other than the District of Columbia)''; and
(2) by adding at the end the following new subsection:
``(d) In the case of the judicial district of Washington, Douglass
Commonwealth and the Capital--
``(1) upon the admission of the State of Washington, Douglass
Commonwealth into the Union, the Washington, Douglass
Commonwealth Pretrial Services Agency shall continue to provide
pretrial services in the judicial district in the same manner
and to the same extent as the District of Columbia Pretrial
Services Agency provided such services in the judicial district
of the District of Columbia as of the day before the date of
the admission of the State into the Union; and
``(2) upon the receipt by the President of the certification
from the State of Washington, Douglass Commonwealth under
section 315(b)(4) of the Washington, D.C. Admission Act that
the State has in effect laws providing for the State to provide
pre-trial services, paragraph (1) shall no longer apply, and
the Director shall provide for the establishment of pretrial
services in the judicial district under this section.''.
Subtitle C--Federal Elections
SEC. 221. PERMITTING INDIVIDUALS RESIDING IN CAPITAL TO VOTE IN FEDERAL
ELECTIONS IN STATE OF MOST RECENT DOMICILE.
(a) Requirement for States to Permit Individuals to Vote by Absentee
Ballot.--
(1) In general.--Each State shall--
(A) permit absent Capital voters to use absentee
registration procedures and to vote by absentee ballot
in general, special, primary, and runoff elections for
Federal office; and
(B) accept and process, with respect to any general,
special, primary, or runoff election for Federal
office, any otherwise valid voter registration
application from an absent Capital voter, if the
application is received by the appropriate State
election official not less than 30 days before the
election.
(2) Absent capital voter defined.--In this section, the term
``absent Capital voter'' means, with respect to a State, a
person who resides in the Capital and is qualified to vote in
the State (or who would be qualified to vote in the State but
for residing in the Capital), but only if the State is the last
place in which the person was domiciled before residing in the
Capital.
(3) State defined.--In this section, the term ``State'' means
each of the several States, including the State.
(b) Recommendations to States to Maximize Access to Polls by Absent
Capital Voters.--To afford maximum access to the polls by absent
Capital voters, it is the sense of Congress that the States should--
(1) waive registration requirements for absent Capital voters
who, by reason of residence in the Capital, do not have an
opportunity to register;
(2) expedite processing of balloting materials with respect
to such individuals; and
(3) assure that absentee ballots are mailed to such
individuals at the earliest opportunity.
(c) Enforcement.--The Attorney General may bring a civil action in
the appropriate district court of the United States for such
declaratory or injunctive relief as may be necessary to carry out this
section.
(d) Effect on Certain Other Laws.--The exercise of any right under
this section shall not affect, for purposes of a Federal tax, a State
tax, or a local tax, the residence or domicile of a person exercising
such right.
(e) Effective Date.--This section shall take effect upon the date of
the admission of the State into the Union, and shall apply with respect
to elections for Federal office taking place on or after such date.
SEC. 222. REPEAL OF OFFICE OF DISTRICT OF COLUMBIA DELEGATE.
(a) In General.--Sections 202 and 204 of the District of Columbia
Delegate Act (Public Law 91-405; sections 1-401 and 1-402, D.C.
Official Code) are repealed, and the provisions of law amended or
repealed by such sections are restored or revived as if such sections
had not been enacted.
(b) Conforming Amendments to District of Columbia Elections Code of
1955.--The District of Columbia Elections Code of 1955 is amended--
(1) in section 1 (sec. 1-1001.01, D.C. Official Code), by
striking ``the Delegate to the House of Representatives,'';
(2) in section 2 (sec. 1-1001.02, D.C. Official Code)--
(A) by striking paragraph (6),
(B) in paragraph (12), by striking ``(except the
Delegate to Congress for the District of Columbia)'',
and
(C) in paragraph (13), by striking ``the Delegate to
Congress for the District of Columbia,'';
(3) in section 8 (sec. 1-1001.08, D.C. Official Code)--
(A) by striking ``Delegate,'' in the heading, and
(B) by striking ``Delegate,'' each place it appears
in subsections (d), (h)(1)(A), (h)(2), (i)(1), (j)(1),
(j)(3), and (k)(3);
(4) in section 10 (sec. 1-1001.10, D.C. Official Code)--
(A) by striking subparagraph (A) of subsection
(a)(3), and
(B) in subsection (d)--
(i) by striking ``Delegate,'' each place it
appears in paragraph (1), and
(ii) by striking paragraph (2) and
redesignating paragraph (3) as paragraph (2);
(5) in section 11(a)(2) (sec. 1-1001.11(a)(2), D.C. Official
Code), by striking ``Delegate to the House of
Representatives,'';
(6) in section 15(b) (sec. 1-1001.15(b), D.C. Official Code),
by striking ``Delegate,''; and
(7) in section 17(a) (sec. 1-1001.17(a), D.C. Official Code),
by striking ``except the Delegate to the Congress from the
District of Columbia''.
(c) Effective Date.--The amendments made by this section shall take
effect upon the admission of the State into the Union.
SEC. 223. REPEAL OF LAW PROVIDING FOR PARTICIPATION OF SEAT OF
GOVERNMENT IN ELECTION OF PRESIDENT AND VICE-
PRESIDENT.
(a) In General.--Chapter 1 of title 3, United States Code, is
amended--
(1) by striking section 21; and
(2) in the table of sections, by striking the item relating
to section 21.
(b) Effective Date.--The amendments made by subsection (a) shall take
effect upon the date of the admission of the State into the Union, and
shall apply to any election of the President and Vice-President taking
place on or after such date.
SEC. 224. EXPEDITED PROCEDURES FOR CONSIDERATION OF CONSTITUTIONAL
AMENDMENT REPEALING 23RD AMENDMENT.
(a) Joint Resolution Described.--In this section, the term ``joint
resolution'' means a joint resolution--
(1) entitled ``A joint resolution proposing an amendment to
the Constitution of the United States to repeal the 23rd
article of amendment''; and
(2) the matter after the resolving clause of which consists
solely of text to amend the Constitution of the United States
to repeal the 23rd article of amendment to the Constitution.
(b) Expedited Consideration in House of Representatives.--
(1) Placement on calendar.--Upon introduction in the House of
Representatives, the joint resolution shall be placed
immediately on the appropriate calendar.
(2) Proceeding to consideration.--
(A) In general.--It shall be in order, not later than
30 legislative days after the date the joint resolution
is introduced in the House of Representatives, to move
to proceed to consider the joint resolution in the
House of Representatives.
(B) Procedure.--For a motion to proceed to consider
the joint resolution--
(i) all points of order against the motion
are waived;
(ii) such a motion shall not be in order
after the House of Representatives has disposed
of a motion to proceed on the joint resolution;
(iii) the previous question shall be
considered as ordered on the motion to its
adoption without intervening motion;
(iv) the motion shall not be debatable; and
(v) a motion to reconsider the vote by which
the motion is disposed of shall not be in
order.
(3) Consideration.--When the House of Representatives
proceeds to consideration of the joint resolution--
(A) the joint resolution shall be considered as read;
(B) all points of order against the joint resolution
and against its consideration are waived;
(C) the previous question shall be considered as
ordered on the joint resolution to its passage without
intervening motion except 10 hours of debate equally
divided and controlled by the proponent and an
opponent;
(D) an amendment to the joint resolution shall not be
in order; and
(E) a motion to reconsider the vote on passage of the
joint resolution shall not be in order.
(c) Expedited Consideration in Senate.--
(1) Placement on calendar.--Upon introduction in the Senate,
the joint resolution shall be placed immediately on the
calendar.
(2) Proceeding to consideration.--
(A) In general.--Notwithstanding rule XXII of the
Standing Rules of the Senate, it is in order, not later
than 30 legislative days after the date the joint
resolution is introduced in the Senate (even though a
previous motion to the same effect has been disagreed
to) to move to proceed to the consideration of the
joint resolution.
(B) Procedure.--For a motion to proceed to the
consideration of the joint resolution--
(i) all points of order against the motion
are waived;
(ii) the motion is not debatable;
(iii) the motion is not subject to a motion
to postpone;
(iv) a motion to reconsider the vote by which
the motion is agreed to or disagreed to shall
not be in order; and
(v) if the motion is agreed to, the joint
resolution shall remain the unfinished business
until disposed of.
(3) Floor consideration.--
(A) In general.--If the Senate proceeds to
consideration of the joint resolution--
(i) all points of order against the joint
resolution (and against consideration of the
joint resolution) are waived;
(ii) consideration of the joint resolution,
and all debatable motions and appeals in
connection therewith, shall be limited to not
more than 30 hours, which shall be divided
equally between the majority and minority
leaders or their designees;
(iii) a motion further to limit debate is in
order and not debatable;
(iv) an amendment to, a motion to postpone,
or a motion to commit the joint resolution is
not in order; and
(v) a motion to proceed to the consideration
of other business is not in order.
(B) Vote on passage.--In the Senate the vote on
passage shall occur immediately following the
conclusion of the consideration of the joint
resolution, and a single quorum call at the conclusion
of the debate if requested in accordance with the rules
of the Senate.
(C) Rulings of the chair on procedure.--Appeals from
the decisions of the Chair relating to the application
of this subsection or the rules of the Senate, as the
case may be, to the procedure relating to the joint
resolution shall be decided without debate.
(d) Rules Relating to Senate and House of Representatives.--
(1) Coordination with action by other house.--If, before the
passage by one House of the joint resolution of that House,
that House receives from the other House the joint resolution--
(A) the joint resolution of the other House shall not
be referred to a committee; and
(B) with respect to the joint resolution of the House
receiving the resolution--
(i) the procedure in that House shall be the
same as if no joint resolution had been
received from the other House; and
(ii) the vote on passage shall be on the
joint resolution of the other House.
(2) Treatment of joint resolution of other house.--If one
House fails to introduce or consider the joint resolution under
this section, the joint resolution of the other House shall be
entitled to expedited floor procedures under this section.
(3) Treatment of companion measures.--If, following passage
of the joint resolution in the Senate, the Senate receives the
companion measure from the House of Representatives, the
companion measure shall not be debatable.
(e) Rules of House of Representatives and Senate.--This section is
enacted by Congress--
(1) as an exercise of the rulemaking power of the Senate and
House of Representatives, respectively, and as such is deemed a
part of the rules of each House, respectively, but applicable
only with respect to the procedure to be followed in that House
in the case of the joint resolution, and supersede other rules
only to the extent that it is inconsistent with such rules; and
(2) with full recognition of the constitutional right of
either House to change the rules (so far as relating to the
procedure of that House) at any time, in the same manner, and
to the same extent as in the case of any other rule of that
House.
TITLE III--CONTINUATION OF CERTAIN AUTHORITIES AND RESPONSIBILITIES
Subtitle A--Employee Benefits
SEC. 301. FEDERAL BENEFIT PAYMENTS UNDER CERTAIN RETIREMENT PROGRAMS.
(a) Continuation of Entitlement to Payments.--Any individual who, as
of the day before the date of the admission of the State into the
Union, is entitled to a Federal benefit payment under the District of
Columbia Retirement Protection Act of 1997 (subtitle A of title XI of
the National Capital Revitalization and Self-Government Improvement Act
of 1997; sec. 1-801.01 et seq., D.C. Official Code) shall continue to
be entitled to such a payment after the admission of the State into the
Union, in the same manner, to the same extent, and subject to the same
terms and conditions applicable under such Act.
(b) Obligations of Federal Government.--
(1) In general.--Any obligation of the Federal Government
under the District of Columbia Retirement Protection Act of
1997 which exists with respect to any individual or with
respect to the District of Columbia as of the day before the
date of the admission of the State into the Union shall remain
in effect with respect to such an individual and with respect
to the State after the admission of the State into the Union,
in the same manner, to the same extent, and subject to the same
terms and conditions applicable under such Act.
(2) D.C. federal pension fund.--Any obligation of the Federal
Government under chapter 9 of the District of Columbia
Retirement Protection Act of 1997 (sec. 1-817.01 et seq., D.C.
Official Code) with respect to the D.C. Federal Pension Fund
which exists as of the day before the date of the admission of
the State into the Union shall remain in effect with respect to
such Fund after the admission of the State into the Union, in
the same manner, to the same extent, and subject to the same
terms and conditions applicable under such chapter.
(c) Obligations of State.--Any obligation of the District of Columbia
under the District of Columbia Retirement Protection Act of 1997 which
exists with respect to any individual or with respect to the Federal
Government as of the day before the date of the admission of the State
into the Union shall become an obligation of the State with respect to
such an individual and with respect to the Federal Government after the
admission of the State into the Union, in the same manner, to the same
extent, and subject to the same terms and conditions applicable under
such Act.
SEC. 302. CONTINUATION OF FEDERAL CIVIL SERVICE BENEFITS FOR EMPLOYEES
FIRST EMPLOYED PRIOR TO ESTABLISHMENT OF DISTRICT
OF COLUMBIA MERIT PERSONNEL SYSTEM.
(a) Obligations of Federal Government.--Any obligation of the Federal
Government under title 5, United States Code, which exists with respect
to an individual described in subsection (c) or with respect to the
District of Columbia as of the day before the date of the admission of
the State into the Union shall remain in effect with respect to such
individual and with respect to the State after the admission of the
State into the Union, in the same manner, to the same extent, and
subject to the same terms and conditions applicable under such title.
(b) Obligations of State.--Any obligation of the District of Columbia
under title 5, United States Code, which exists with respect to an
individual described in subsection (c) or with respect to the Federal
Government as of the day before the date of the admission of the State
into the Union shall become an obligation of the State with respect to
such individual and with respect to the Federal Government after the
admission of the State into the Union, in the same manner, to the same
extent, and subject to the same terms and conditions applicable under
such title.
(c) Individuals Described.--An individual described in this
subsection is an individual who was first employed by the government of
the District of Columbia before October 1, 1987.
SEC. 303. OBLIGATIONS OF FEDERAL GOVERNMENT UNDER JUDGES' RETIREMENT
PROGRAM.
(a) Continuation of Obligations.--
(1) In general.--Any obligation of the Federal Government
under subchapter III of chapter 15 of title 11, District of
Columbia Official Code--
(A) which exists with respect to any individual and
the District of Columbia as the result of service
accrued prior to the date of the admission of the State
into the Union shall remain in effect with respect to
such an individual and with respect to the State after
the admission of the State into the Union, in the same
manner, to the same extent, and subject to the same
terms and conditions applicable under such subchapter;
and
(B) subject to paragraph (2), shall exist with
respect to any individual and the State as the result
of service accrued after the date of the admission of
the State into the Union in the same manner, to the
same extent, and subject to the same terms and
conditions applicable under such subchapter as such
obligation existed with respect to individuals and the
District of Columbia as of the date of the admission of
the State into the Union.
(2) Treatment of service accrued after taking effect of state
retirement program.--Subparagraph (B) of paragraph (1) does not
apply to service accrued on or after the termination date
described in subsection (b).
(b) Termination Date.--The termination date described in this
subsection is the date on which the State provides written
certification to the President that the State has in effect laws
requiring the State to appropriate and make available funds for the
retirement of judges of the State.
Subtitle B--Agencies
SEC. 311. PUBLIC DEFENDER SERVICE.
(a) Continuation of Operations and Funding.--
(1) In general.--Except as provided in paragraph (2) and
subsection (b), title III of the District of Columbia Court
Reform and Criminal Procedure Act of 1970 (sec. 2-1601 et seq.,
D.C. Official Code) shall apply with respect to the State and
to the public defender service of the State after the date of
the admission of the State into the Union in the same manner
and to the same extent as such title applied with respect to
the District of Columbia and the District of Columbia Public
Defender Service as of the day before the date of the admission
of the State into the Union.
(2) Responsibility for employer contribution.--For purposes
of paragraph (2) of section 305(c) of such Act (sec. 2-
1605(c)(2), D.C. Official Code), the Federal Government shall
be treated as the employing agency with respect to the benefits
provided under such section to an individual who is an employee
of the public defender service of the State and who, pursuant
to section 305(c) of such Act (sec. 2-1605(c), D.C. Official
Code), is treated as an employee of the Federal Government for
purposes of receiving benefits under any chapter of subpart G
of part III of title 5, United States Code.
(b) Renaming of Service.--Effective upon the date of the admission of
the State into the Union, the State may rename the public defender
service of the State.
(c) Continuation of Federal Benefits for Employees.--
(1) In general.--Any individual who is an employee of the
public defender service of the State as of the day before the
date described in subsection (d) and who, pursuant to section
305(c) of the District of Columbia Court Reform and Criminal
Procedure Act of 1970 (sec. 2-1605(c), D.C. Official Code), is
treated as an employee of the Federal Government for purposes
of receiving benefits under any chapter of subpart G of part
III of title 5, United States Code, shall continue to be
treated as an employee of the Federal Government for such
purposes, notwithstanding the termination of the provisions of
subsection (a) under subsection (d).
(2) Responsibility for employer contribution.--Beginning on
the date described in subsection (d), the State shall be
treated as the employing agency with respect to the benefits
described in paragraph (1) which are provided to an individual
who, for purposes of receiving such benefits, is continued to
be treated as an employee of the Federal Government under such
paragraph.
(d) Termination.--Subsection (a) shall terminate upon the date on
which the State provides written certification to the President that
the State has in effect laws requiring the State to appropriate and
make available funds for the operation of the office of the State which
provides the services described in title III of the District of
Columbia Court Reform and Criminal Procedure Act of 1970 (sec. 2-1601
et seq., D.C. Official Code).
SEC. 312. PROSECUTIONS.
(a) Assignment of Assistant United States Attorneys.--
(1) In general.--In accordance with subchapter VI of chapter
33 of title 5, United States Code, the Attorney General, with
the concurrence of the District of Columbia or the State (as
the case may be), shall provide for the assignment of assistant
United States attorneys to the State to carry out the functions
described in subsection (b).
(2) Assignments made on detail without reimbursement by
state.--In accordance with section 3373 of title 5, United
States Code--
(A) an assistant United States attorney who is
assigned to the State under this section shall be
deemed under subsection (a) of such section to be on
detail to a regular work assignment in the Department
of Justice; and
(B) the assignment of an assistant United States
attorney to the State under this section shall be made
without reimbursement by the State of the pay of the
attorney or any related expenses.
(b) Functions Described.--The functions described in this subsection
are criminal prosecutions conducted in the name of the State which
would have been conducted in the name of the United States by the
United States attorney for the District of Columbia or his or her
assistants, as provided under section 23-101(c), District of Columbia
Official Code, but for the admission of the State into the Union.
(c) Minimum Number Assigned.--The number of assistant United States
attorneys who are assigned under this section may not be less than the
number of assistant United States attorneys whose principal duties as
of the day before the date of the admission of the State into the Union
were to conduct criminal prosecutions in the name of the United States
under section 23-101(c), District of Columbia Official Code.
(d) Termination.--The obligation of the Attorney General to provide
for the assignment of assistant United States attorneys under this
section shall terminate upon written certification by the State to the
President that the State has appointed attorneys of the State to carry
out the functions described in subsection (b).
(e) Clarification Regarding Clemency Authority.--
(1) In general.--Effective upon the admission of the State
into the Union, the authority to grant clemency for offenses
against the District of Columbia or the State shall be
exercised by such person or persons, and under such terms and
conditions, as provided by the State Constitution and the laws
of the State, without regard to whether the prosecution for the
offense was conducted by the District of Columbia, the State,
or the United States.
(2) Definition.--In this subsection, the term ``clemency''
means a pardon, reprieve, or commutation of sentence, or a
remission of a fine or other financial penalty.
SEC. 313. SERVICE OF UNITED STATES MARSHALS.
(a) Provision of Services for Courts of State.--The United States
Marshals Service shall provide services with respect to the courts and
court system of the State in the same manner and to the same extent as
the Service provided services with respect to the courts and court
system of the District of Columbia as of the day before the date of the
admission of the State into the Union, except that the President shall
not appoint a United States Marshal under section 561 of title 28,
United States Code, for any court of the State.
(b) Termination.--The obligation of the United States Marshals
Service to provide services under this section shall terminate upon
written certification by the State to the President that the State has
appointed personnel of the State to provide such services.
SEC. 314. DESIGNATION OF FELONS TO FACILITIES OF BUREAU OF PRISONS.
(a) Continuation of Designation.--Chapter 1 of subtitle C of title XI
of the National Capital Revitalization and Self-Government Improvement
Act of 1997 (sec. 24-101 et seq., D.C. Official Code) and the
amendments made by such chapter--
(1) shall continue to apply with respect to individuals
convicted of offenses under the laws of the District of
Columbia prior to the date of the admission of the State into
the Union; and
(2) shall apply with respect to individuals convicted of
offenses under the laws of the State after the date of the
admission of the State into the Union in the same manner and to
the same extent as such chapter and amendments applied with
respect to individuals convicted of offenses under the laws of
the District of Columbia prior to the date of the admission of
the State into the Union.
(b) Termination.--The provisions of this section shall terminate upon
written certification by the State to the President that the State has
in effect laws for the housing of individuals described in subsection
(a) in correctional facilities.
SEC. 315. PAROLE AND SUPERVISION.
(a) United States Parole Commission.--
(1) Parole.--The United States Parole Commission--
(A) shall continue to exercise the authority to
grant, deny, and revoke parole, and to impose
conditions upon an order of parole, in the case of any
individual who is an imprisoned felon who is eligible
for parole or reparole under the laws of the District
of Columbia as of the day before the date of the
admission of the State into the Union, as provided
under section 11231 of the National Capital
Revitalization and Self-Government Improvement Act of
1997 (sec. 24-131, D.C. Official Code); and
(B) shall exercise the authority to grant, deny, and
revoke parole, and to impose conditions upon an order
of parole, in the case of any individual who is an
imprisoned felon who is eligible for parole or reparole
under the laws of the State in the same manner and to
the same extent as the Commission exercised in the case
of any individual described in subparagraph (A).
(2) Supervision of released offenders.--The United States
Parole Commission--
(A) shall continue to exercise the authority over
individuals who are released offenders of the District
of Columbia as of the day before the date of the
admission of the State into the Union, as provided
under section 11233(c)(2) of the National Capital
Revitalization and Self-Government Improvement Act of
1997 (sec. 24-133(c)(2), D.C. Official Code); and
(B) shall exercise authority over individuals who are
released offenders of the State in the same manner and
to the same extent as the Commission exercised
authority over individuals described in subparagraph
(A).
(3) Continuation of federal benefits for employees.--
(A) Continuation.--Any individual who is an employee
of the United States Parole Commission as of the later
of the day before the date described in subparagraph
(A) of paragraph (4) or the day before the date
described in subparagraph (B) of paragraph (4) and who,
on or after such date, is an employee of the office of
the State which exercises the authority described in
either such subparagraph, shall continue to be treated
as an employee of the Federal Government for purposes
of receiving benefits under any chapter of subpart G of
part III of title 5, United States Code,
notwithstanding the termination of the provisions of
this subsection under paragraph (4).
(B) Responsibility for employer contribution.--
Beginning on the later of the date described in
subparagraph (A) of paragraph (4) or the date described
in subparagraph (B) of paragraph (4), the State shall
be treated as the employing agency with respect to the
benefits described in subparagraph (A) which are
provided to an individual who, for purposes of
receiving such benefits, is continued to be treated as
an employee of the Federal Government under such
subparagraph.
(4) Termination.--The provisions of this subsection shall
terminate--
(A) in the case of paragraph (1), on the date on
which the State provides written certification to the
President that the State has in effect laws providing
for the State to exercise the authority to grant, deny,
and revoke parole, and to impose conditions upon an
order of parole, in the case of any individual who is
an imprisoned felon who is eligible for parole or
reparole under the laws of the State; and
(B) in the case of paragraph (2), on the date on
which the State provides written certification to the
President that the State has in effect laws providing
for the State to exercise authority over individuals
who are released offenders of the State.
(b) Court Services and Offender Supervision Agency.--
(1) Renaming.--Effective upon the date of the admission of
the State into the Union--
(A) the Court Services and Offender Supervision
Agency for the District of Columbia shall be known and
designated as the Court Services and Offender
Supervision Agency for Washington, Douglass
Commonwealth, and any reference in any law, rule, or
regulation to the Court Services and Offender
Supervision Agency for the District of Columbia shall
be deemed to refer to the Court Services and Offender
Supervision Agency for Washington, Douglass
Commonwealth; and
(B) the District of Columbia Pretrial Services Agency
shall be known and designated as the Washington,
Douglass Commonwealth Pretrial Services Agency, and any
reference in any law, rule or regulation to the
District of Columbia Pretrial Services Agency shall be
deemed to refer to the Washington, Douglass
Commonwealth Pretrial Services Agency.
(2) In general.--The Court Services and Offender Supervision
Agency for Washington, Douglass Commonwealth, including the
Washington, Douglass Commonwealth Pretrial Services Agency (as
renamed under paragraph (1))--
(A) shall continue to provide pretrial services with
respect to individuals who are charged with an offense
in the District of Columbia, provide supervision for
individuals who are offenders on probation, parole, and
supervised release pursuant to the laws of the District
of Columbia, and carry out sex offender registration
functions with respect to individuals who are sex
offenders in the District of Columbia, as of the day
before the date of the admission of the State into the
Union, as provided under section 11233 of the National
Capital Revitalization and Self-Government Improvement
Act of 1997 (sec. 24-133, D.C. Official Code); and
(B) shall provide pretrial services with respect to
individuals who are charged with an offense in the
State, provide supervision for offenders on probation,
parole, and supervised release pursuant to the laws of
the State, and carry out sex offender registration
functions in the State, in the same manner and to the
same extent as the Agency provided such services and
supervision and carried out such functions for
individuals described in subparagraph (A).
(3) Continuation of federal benefits for employees.--
(A) Continuation.--Any individual who is an employee
of the Court Services and Offender Supervision Agency
for Washington, Douglass Commonwealth as of the day
before the date described in paragraph (4), and who, on
or after such date, is an employee of the office of the
State which provides the services and carries out the
functions described in paragraph (4), shall continue to
be treated as an employee of the Federal Government for
purposes of receiving benefits under any chapter of
subpart G of part III of title 5, United States Code,
notwithstanding the termination of the provisions of
paragraph (2) under paragraph (4).
(B) Responsibility for employer contribution.--
Beginning on the date described in paragraph (4), the
State shall be treated as the employing agency with
respect to the benefits described in subparagraph (A)
which are provided to an individual who, for purposes
of receiving such benefits, is continued to be treated
as an employee of the Federal Government under such
subparagraph.
(4) Termination.--Paragraph (2) shall terminate on the date
on which the State provides written certification to the
President that the State has in effect laws providing for the
State to provide pretrial services, supervise offenders on
probation, parole, and supervised release, and carry out sex
offender registration functions in the State.
SEC. 316. COURTS.
(a) Continuation of Operations.--
(1) In general.--Except as provided in paragraphs (2) and (3)
and subsection (b), title 11, District of Columbia Official
Code, as in effect on the date before the date of the admission
of the State into the Union, shall apply with respect to the
State and the courts and court system of the State after the
date of the admission of the State into the Union in the same
manner and to the same extent as such title applied with
respect to the District of Columbia and the courts and court
system of the District of Columbia as of the day before the
date of the admission of the State into the Union.
(2) Responsibility for employer contribution.--For purposes
of paragraph (2) of section 11-1726(b) and paragraph (2) of
section 11-1726(c), District of Columbia Official Code, the
Federal Government shall be treated as the employing agency
with respect to the benefits provided under such section to an
individual who is an employee of the courts and court system of
the State and who, pursuant to either such paragraph, is
treated as an employee of the Federal Government for purposes
of receiving benefits under any chapter of subpart G of part
III of title 5, United States Code.
(3) Other exceptions.--
(A) Selection of judges.--Effective upon the date of
the admission of the State into the Union, the State
shall select judges for any vacancy on the courts of
the State.
(B) Renaming of courts and other offices.--Effective
upon the date of the admission of the State into the
Union, the State may rename any of its courts and any
of the other offices of its court system.
(C) Rules of construction.--Nothing in this paragraph
shall be construed--
(i) to affect the service of any judge
serving on a court of the District of Columbia
on the day before the date of the admission of
the State into the Union, or to require the
State to select such a judge for a vacancy on a
court of the State; or
(ii) to waive any of the requirements of
chapter 15 of title 11, District of Columbia
Official Code (other than section 11-1501(a) of
such Code), including subchapter II of such
chapter (relating to the District of Columbia
Commission on Judicial Disabilities and
Tenure), with respect to the appointment and
service of judges of the courts of the State.
(b) Continuation of Federal Benefits for Employees.--
(1) In general.--Any individual who is an employee of the
courts or court system of the State as of the day before the
date described in subsection (e) and who, pursuant to section
11-1726(b) or section 11-1726(c), District of Columbia Official
Code, is treated as an employee of the Federal Government for
purposes of receiving benefits under any chapter of subpart G
of part III of title 5, United States Code, shall continue to
be treated as an employee of the Federal Government for such
purposes, notwithstanding the termination of the provisions of
this section under subsection (e).
(2) Responsibility for employer contribution.--Beginning on
the date described in subsection (e), the State shall be
treated as the employing agency with respect to the benefits
described in paragraph (1) which are provided to an individual
who, for purposes of receiving such benefits, is continued to
be treated as an employee of the Federal Government under such
paragraph.
(c) Continuation of Funding.--Section 11241 of the National Capital
Revitalization and Self-Government Improvement Act of 1997 (section 11-
1743 note, District of Columbia Official Code) shall apply with respect
to the State and the courts and court system of the State after the
date of the admission of the State into the Union in the same manner
and to the same extent as such section applied with respect to the
Joint Committee on Judicial Administration in the District of Columbia
and the courts and court system of the District of Columbia as of the
day before the date of the admission of the State into the Union.
(d) Treatment of Court Receipts.--
(1) Deposit of receipts into treasury.--Except as provided in
paragraph (2), all money received by the courts and court
system of the State shall be deposited in the Treasury of the
United States.
(2) Crime victims compensation fund.--Section 16 of the
Victims of Violent Crime Compensation Act of 1996 (sec. 4-515,
D.C. Official Code), relating to the Crime Victims Compensation
Fund, shall apply with respect to the courts and court system
of the State in the same manner and to the same extent as such
section applied to the courts and court system of the District
of Columbia as of the day before the date of the admission of
the State into the Union.
(e) Termination.--The provisions of this section, other than
paragraph (3) of subsection (a) and except as provided under subsection
(b), shall terminate on the date on which the State provides written
certification to the President that the State has in effect laws
requiring the State to appropriate and make available funds for the
operation of the courts and court system of the State.
Subtitle C--Other Programs and Authorities
SEC. 321. APPLICATION OF THE COLLEGE ACCESS ACT.
(a) Continuation.--The District of Columbia College Access Act of
1999 (Public Law 106-98; sec. 38-2701 et seq., D.C. Official Code)
shall apply with respect to the State, and to the public institution of
higher education designated by the State as the successor to the
University of the District of Columbia, after the date of the admission
of the State into the Union in the same manner and to the same extent
as such Act applied with respect to the District of Columbia and the
University of the District of Columbia as of the day before the date of
the admission of the State into the Union.
(b) Termination.--The provisions of this section, other than with
respect to the public institution of higher education designated by the
State as the successor to the University of the District of Columbia,
shall terminate upon written certification by the State to the
President that the State has in effect laws requiring the State to
provide tuition assistance substantially similar to the assistance
provided under the District of Columbia College Access Act of 1999.
SEC. 322. APPLICATION OF THE SCHOLARSHIPS FOR OPPORTUNITY AND RESULTS
ACT.
(a) Continuation.--The Scholarships for Opportunity and Results Act
(division C of Public Law 112-10; sec. 38-1853.01 et seq., D.C.
Official Code) shall apply with respect to the State after the date of
the admission of the State into the Union in the same manner and to the
same extent as such Act applied with respect to the District of
Columbia as of the day before the date of the admission of the State
into the Union.
(b) Termination.--The provisions of this section shall terminate upon
written certification by the State to the President that the State has
in effect laws requiring the State--
(1) to provide tuition assistance substantially similar to
the assistance provided under the Scholarships for Opportunity
and Results Act; and
(2) to provide supplemental funds to the public schools and
public charter schools of the State in the amounts provided in
the most recent fiscal year for public schools and public
charter schools of the State or the District of Columbia (as
the case may be) under such Act.
SEC. 323. MEDICAID FEDERAL MEDICAL ASSISTANCE PERCENTAGE.
(a) Continuation.--Notwithstanding section 1905(b) of the Social
Security Act (42 U.S.C. 1396d(b)), during the period beginning on the
date of the admission of the State into the Union and ending on
September 30 of the fiscal year during which the State submits the
certification described in subsection (b), the Federal medical
assistance percentage for the State under title XIX of such Act shall
be the Federal medical assistance percentage for the District of
Columbia under such title as of the day before the date of the
admission of the State into the Union.
(b) Termination.--The certification described in this subsection is a
written certification by the State to the President that, during each
of the first 5 fiscal years beginning after the date of the
certification, the estimated revenues of the State will be sufficient
to cover any reduction in revenues which may result from the
termination of the provisions of this section.
SEC. 324. FEDERAL PLANNING COMMISSIONS.
(a) National Capital Planning Commission.--
(1) Continuing application.--Subject to the amendments made
by paragraphs (2) and (3), upon the admission of the State into
the Union, chapter 87 of title 40, United States Code, shall
apply as follows:
(A) Such chapter shall apply with respect to the
Capital in the same manner and to the same extent as
such chapter applied with respect to the District of
Columbia as of the day before the date of the admission
of the State into the Union.
(B) Such chapter shall apply with respect to the
State in the same manner and to the same extent as such
chapter applied with respect to the State of Maryland
and the Commonwealth of Virginia as of the day before
the date of the admission of the State into the Union.
(2) Composition of national capital planning commission.--
Section 8711(b) of title 40, United States Code, is amended--
(A) by amending subparagraph (B) of paragraph (1) to
read as follows:
``(B) four citizens with experience in city or
regional planning, who shall be appointed by the
President.''; and
(B) by amending paragraph (2) to read as follows:
``(2) Residency requirement.--Of the four citizen members,
one shall be a resident of Virginia, one shall be a resident of
Maryland, and one shall be a resident of Washington, Douglass
Commonwealth.''.
(3) Conforming amendments to definitions of terms.--
(A) Environs.--Paragraph (1) of section 8702 of such
title is amended by striking ``the territory
surrounding the District of Columbia'' and inserting
``the territory surrounding the National Capital''.
(B) National capital.--Paragraph (2) of section 8702
of such title is amended to read as follows:
``(2) National capital.--The term `National Capital' means
the area serving as the seat of the Government of the United
States, as described in section 112 of the Washington, D.C.
Admission Act, and the territory the Federal Government owns in
the environs.''.
(C) National capital region.--Subparagraph (A) of
paragraph (3) of section 8702 of such title is amended
to read as follows:
``(A) the National Capital and the State of
Washington, Douglass Commonwealth;''.
(b) Commission of Fine Arts.--
(1) Limiting application to the capital.--Section 9102(a)(1)
of title 40, United States Code, is amended by striking ``the
District of Columbia'' and inserting ``the Capital''.
(2) Definition.--Section 9102 of such title is amended by
adding at the end the following new subsection:
``(d) Definition.--In this chapter, the term `Capital' means the area
serving as the seat of the Government of the United States, as
described in section 112 of the Washington, D.C. Admission Act.''.
(3) Conforming amendment.--Section 9101(d) of such title is
amended by striking ``the District of Columbia'' and inserting
``the Capital''.
(c) Commemorative Works Act.--
(1) Limiting application to capital.--Section 8902 of title
40, United States Code, is amended by adding at the end the
following new subsection:
``(c) Limiting Application to Capital.--This chapter applies only
with respect to commemorative works in the Capital and its environs.''.
(2) Definition.--Paragraph (2) of section 8902(a) of such
title is amended to read as follows:
``(2) Capital and its environs.--The term `Capital and its
environs' means--
``(A) the area serving as the seat of the Government
of the United States, as described in section 112 of
the Washington, D.C. Admission Act; and
``(B) those lands and properties administered by the
National Park Service and the General Services
Administration located in the Reserve, Area I, and Area
II as depicted on the map entitled `Commemorative Areas
Washington, DC and Environs', numbered 869/86501 B, and
dated June 24, 2003, that are located outside of the
State of Washington, Douglass Commonwealth.''.
(3) Temporary site designation.--Section 8907(a) of such
title is amended by striking ``the District of Columbia'' and
inserting ``the Capital and its environs''.
(4) General conforming amendments.--Chapter 89 of such title
is amended by striking ``the District of Columbia and its
environs'' each place it appears in the following sections and
inserting ``the Capital and its environs'':
(A) Section 8901(2) and 8901(4).
(B) Section 8902(a)(4).
(C) Section 8903(d).
(D) Section 8904(c).
(E) Section 8905(a).
(F) Section 8906(a).
(G) Section 8909(a) and 8909(b).
(5) Additional conforming amendment.--Section 8901(2) of such
title is amended by striking ``the urban fabric of the District
of Columbia'' and inserting ``the urban fabric of the area
serving as the seat of the Government of the United States, as
described in section 112 of the Washington, D.C. Admission
Act''.
(d) Effective Date.--This section and the amendments made by this
section shall take effect on the date of the admission of the State
into the Union.
SEC. 325. ROLE OF ARMY CORPS OF ENGINEERS IN SUPPLYING WATER.
(a) Continuation of Role.--Chapter 95 of title 40, United States
Code, is amended by adding at the end the following new section:
``Sec. 9508. Applicability to Capital and State of Washington, Douglass
Commonwealth
``(a) In General.--Effective upon the admission of the State of
Washington, Douglass Commonwealth into the Union, any reference in this
chapter to the District of Columbia shall be deemed to refer to the
Capital or the State of Washington, Douglass Commonwealth, as the case
may be.
``(b) Definition.--In this section, the term `Capital' means the area
serving as the seat of the Government of the United States, as
described in section 112 of the Washington, D.C. Admission Act.''.
(b) Clerical Amendment.--The table of sections of chapter 95 of such
title is amended by adding at the end the following:
``9508. Applicability to Capital and State of Washington, Douglass
Commonwealth.''.
SEC. 326. REQUIREMENTS TO BE LOCATED IN DISTRICT OF COLUMBIA.
The location of any person in the Capital or Washington, Douglass
Commonwealth on the day after the date of the admission of the State
into the Union shall be deemed to satisfy any requirement under any law
in effect as of the day before the date of the admission of the State
into the Union that the person be located in the District of Columbia,
including the requirements of section 72 of title 4, United States Code
(relating to offices of the seat of the Government of the United
States), and title 36, United States Code (relating to patriotic and
national organizations).
TITLE IV--GENERAL PROVISIONS
SEC. 401. GENERAL DEFINITIONS.
In this Act, the following definitions shall apply:
(1) The term ``Capital'' means the area serving as the seat
of the Government of the United States, as described in section
112.
(2) The term ``Council'' means the Council of the District of
Columbia.
(3) The term ``Mayor'' means the Mayor of the District of
Columbia.
(4) Except as otherwise provided, the term ``State'' means
the State of Washington, Douglass Commonwealth.
(5) The term ``State Constitution'' means the proposed
Constitution of the State of Washington, D.C., as approved by
the Council on October 18, 2016, pursuant to the Constitution
and Boundaries for the State of Washington, D.C. Approval
Resolution of 2016 (D.C. Resolution R21-621), ratified by
District of Columbia voters in Advisory Referendum B approved
on November 8, 2016, and certified by the District of Columbia
Board of Elections on November 18, 2016.
SEC. 402. STATEHOOD TRANSITION COMMISSION.
(a) Establishment.--There is established the Statehood Transition
Commission (hereafter in this section referred to as the
``Commission'').
(b) Composition.--
(1) In general.--The Commission shall be composed of 18
members as follows:
(A) 3 members appointed by the President.
(B) 2 members appointed by the Speaker of the House
of Representatives.
(C) 2 members appointed by the Minority Leader of the
House of Representatives.
(D) 2 members appointed by the Majority Leader of the
Senate.
(E) 2 members appointed by the Minority Leader of the
Senate.
(F) 3 members appointed by the Mayor.
(G) 3 members appointed by the Council.
(H) The Chief Financial Officer of the District of
Columbia.
(2) Appointment date.--
(A) In general.--The appointments of the members of
the Commission shall be made not later than 90 days
after the date of the enactment of this Act.
(B) Effect of lack of appointment by appointment
date.--If one or more appointments under any of the
subparagraphs of paragraph (1) is not made by the
appointment date specified in subparagraph (A), the
authority to make such appointment or appointments
shall expire, and the number of members of the
Commission shall be reduced by the number equal to the
number of appointments so not made.
(3) Term of service.--Each member shall be appointed for the
life of the Commission.
(4) Vacancy.--A vacancy in the Commission shall be filled in
the manner in which the original appointment was made.
(5) No compensation.--Members shall serve without pay, but
shall receive travel expenses, including per diem in lieu of
subsistence, in accordance with applicable provisions under
subchapter I of chapter 57 of title 5, United States Code.
(6) Chair and vice chair.--The Chair and Vice Chair of the
Commission shall be elected by the members of the Commission--
(A) with respect to the Chair, from among the members
described in subparagraphs (A) through (E) of paragraph
(1); and
(B) with respect to the Vice Chair, from among the
members described in subparagraphs (F) and (G) of
paragraph (1).
(c) Staff.--
(1) Director.--The Commission shall have a Director, who
shall be appointed by the Chair.
(2) Other staff.--The Director may appoint and fix the pay of
such additional personnel as the Director considers
appropriate.
(3) Non-applicability of certain civil service laws.--The
Director and staff of the Commission may be appointed without
regard to the provisions of title 5, United States Code,
governing appointments in the competitive service, and may be
paid without regard to the provisions of chapter 51 and
subchapter III of chapter 53 of that title relating to
classification and General Schedule pay rates, except that an
individual so appointed may not receive pay in excess of the
rate payable for level V of the Executive Schedule under
section 5316 of such title.
(4) Experts and consultants.--The Commission may procure
temporary and intermittent services under section 3109(b) of
title 5, United States Code, at rates for individuals not to
exceed the daily equivalent of the rate payable for level V of
the Executive Schedule under section 5316 of such title.
(d) Duties.--The Commission shall advise the President, Congress, the
Mayor (or, upon the admission of the State into the Union, the chief
executive officer of the State), and the Council (or, upon the
admission of the State into the Union, the legislature of the State)
concerning an orderly transition to statehood for the District of
Columbia or the State (as the case may be) and to a reduced
geographical size of the seat of the Government of the United States,
including with respect to property, funding, programs, projects, and
activities.
(e) Powers.--
(1) Hearings and sessions.--The Commission may, for the
purpose of carrying out this Act, hold hearings, sit and act at
times and places, take testimony, and receive evidence as the
Commission considers appropriate.
(2) Obtaining official data.--The Commission may secure
directly from any department or agency of the United States
information necessary to enable it to carry out this Act. Upon
request of the Chair of the Commission, the head of that
department or agency shall furnish that information to the
Commission.
(3) Mails.--The Commission may use the United States mails in
the same manner and under the same conditions as other
departments and agencies of the United States.
(4) Administrative support services.--Upon the request of the
Commission, the Administrator of General Services shall provide
to the Commission the administrative support services necessary
for the Commission to carry out its responsibilities under this
Act.
(f) Meetings.--
(1) In general.--The Commission shall meet at the call of the
Chair.
(2) Initial meeting.--The Commission shall hold its first
meeting not later than the earlier of--
(A) 30 days after the date on which all members of
the Commission have been appointed; or
(B) if the number of members of the Commission is
reduced under subsection (b)(2)(B), 90 days after the
date of the enactment of this Act.
(3) Quorum.--A majority of the members of the Commission
shall constitute a quorum, but a lesser number of members may
hold hearings.
(g) Reports.--The Commission shall submit such reports as the
Commission considers appropriate or as may be requested by the
President, Congress, or the District of Columbia (or, upon the
admission of the State into the Union, the State).
(h) Termination.--The Commission shall cease to exist 2 years after
the date of the admission of the State into the Union.
SEC. 403. CERTIFICATION OF ENACTMENT BY PRESIDENT.
Not more than 60 days after the date of the enactment of this Act,
the President shall provide written certification of such enactment to
the Mayor.
SEC. 404. SEVERABILITY.
Except as provided in section 101(c), if any provision of this Act or
amendment made by this Act, or the application thereof to any person or
circumstance, is held to be invalid, the remaining provisions of this
Act and any amendments made by this Act shall not be affected by the
holding.
Summary and Purpose of Legislation
The Washington, D.C. Admission Act would admit the State of
Washington, Douglass Commonwealth into the Union and reduce the
geographical size of the federal district.
Background and Need for Legislation
The Merriam-Webster dictionary defines democracy as
``government by the people'' and ``a government in which the
supreme power is vested in the people and exercised by them
directly or indirectly through a system of representation
usually involving periodically held free elections.''\1\ By
definition, the United States is a democracy, but its capital
is not.
---------------------------------------------------------------------------
\1\Merriam-Webster, Definition of ``Democracy'' (online at
www.merriam-webster.com/dictionary/democracy) (accessed Feb. 24, 2020).
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The United States is the only democratic country that
denies both voting representation in its national legislature
and full local self-government to the residents of its
capital.\2\ That is wrong. As President Dwight D. Eisenhower
said in his 1954 State of the Union address:
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\2\Committee on the Judiciary, District of Columbia House Voting
Rights Act of 2009, 111th Cong. (2009) (H. Rep. 111-22); George
Washington Institute of Public Policy, Capital Cities and their
National Governments: Washington, D.C. in Comparative Perspective (June
11, 2007) (online at gwipp.gwu.edu/sites/g/files/zaxdzs2181/f/
downloads/Working_Paper_030_CapitalCities .pdf); Congressional Research
Service, Washington, D.C., and 10 Other National Capitals: Selected
Aspects of Governmental Structure (Mar. 29, 2002).
In the District of Columbia the time is long overdue
for granting national suffrage to its citizens and also
applying the principle of local self-government to the
Nation's Capital. I urge the Congress to move promptly
in this direction.\3\
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\3\Dwight D. Eisenhower, Annual Message to the Congress on the
State of the Union (Jan. 7, 1954) (online at www.presidency.ucsb.edu/
documents/annual-message-the-congress-the-state-the-union-13).
We agree. The status of the District of Columbia violates
our nation's founding principles. The principles of no taxation
without representation and consent of the governed helped
launch the American Revolution and are enshrined in the
Declaration of Independence, but District residents are taxed
without representation and governed without consent. District
residents pay federal taxes, but they have no voting
representation in Congress and cannot consent to the federal
laws that govern them. District residents have voting
representation in their local legislature, but they cannot give
final consent to the local laws that govern them because
Congress has plenary authority over the District.
Vice President Michael R. Pence, as a Member of the House
of Representatives in 2007, highlighted the inconsistency
between the nation's founding principles and treatment of the
District:
The fact that more than half a million Americans
living in the District of Columbia are denied a single
voting representative in Congress is clearly a historic
wrong. The single overarching principle of the American
founding was that laws should be based upon the consent
of the governed. The first generation of Americans
threw tea in Boston Harbor because they were denied a
voting representative in the national legislature in
England. Given their commitment to representative
democracy, it is inconceivable to me that our Founders
would have been willing to accept the denial of
representation to so great a throng of Americans in
perpetuity.\4\
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\4\U.S. House of Representatives, Debate on H.R. 1905 (Apr. 19,
2007) (online at www.congress.gov/congressional-record/2007/04/19/
house-section/article/H3577-2).
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We agree. The Supreme Court has repeatedly held that the
right to vote is a fundamental right and preservative of other
rights. In Wesberry v. Sanders, the Court explained:
No right is more precious in a free country than that
of having a voice in the election of those who make the
laws under which, as good citizens, we must live. Other
rights, even the most basic, are illusory if the right
to vote is undermined.\5\
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\5\Wesberry v. Sanders, 376 U.S. 1, 17 (1964).
In Yick Wo v. Hopkins, the Court described ``the political
franchise of voting'' as a ``fundamental political right''
because it is ``preservative of all rights.''\6\ In Reynolds v.
Sims, the Court said, ``Undoubtedly, the right of suffrage is a
fundamental matter in a free and democratic society,'' and
``the right to exercise the franchise in a free and unimpaired
manner is preservative of other basic civil and political
rights.''\7\
---------------------------------------------------------------------------
\6\Yick Wo v. Hopkins, 118 U.S. 356, 370 (1886).
\7\Reynolds v. Sims, 377 U.S. 533, 561-562 (1964).
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The District has been denied voting representation in
Congress and full local self-government for more than 200
years. Congress can choose differently. H.R. 5803 would give
the District voting representation in Congress and full local
self-government.
CONSTITUTIONAL AUTHORITY
The Constitution gives Congress the authority to admit new
states and to reduce the geographical size of the federal
district.
Admission
The Admissions Clause of the Constitution gives Congress
the authority to admit new states.\8\ Congress has admitted all
37 new states by simple legislation.\9\ No new state has been
admitted by constitutional amendment. The Constitution imposes
limitations on the authority of Congress to admit new states,
but none would be violated by H.R. 5803.
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\8\U.S. Const. art. IV, Sec. 3, cl. 1.
\9\Luis R. Davila-Colon, Equal Citizenship, Self-Determination, and
the U.S. Statehood Process: A Constitutional and Historical Analysis,
Volume 13, Case Western Reserve Journal of International Law, 315, 317
(1981) (online at https://scholarlycommons.law.case.edu/cgi/
viewcontent.cgi?article=1860&context=jil).
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The Admissions Clause prohibits Congress from admitting a
new state formed from part of an existing state without the
consent of the existing state. No consent would be required to
admit the State of Washington, Douglass Commonwealth. The State
would consist of territory ceded by the federal government that
is outside the jurisdiction of any existing state. The District
consists of land ceded by Maryland to the federal government.
The land is not Maryland land, and Maryland has no reversionary
interest in the land. The Maryland statute that ceded the land
to the federal government provided that Maryland ``forever
ceded and relinquished [the land] to the Congress and
government of the United States, in full and absolute right,
and exclusive jurisdiction.''\10\ This unconditional cession
extinguished any interest Maryland had in the land, including
the right to give or withhold consent to the admission of the
State.\11\
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\10\1791 Md. Acts ch. 45, Sec. 2.
\11\Peter Raven-Hansen, The Constitutionality of D.C. Statehood, 60
George Washington Law Review 160, 180 (1991).
---------------------------------------------------------------------------
The Guarantee Clause of the Constitution guarantees each
state ``a Republican Form of Government.''\12\ H.R. 5803 would
declare that the State constitution ``always be republican in
form.''
---------------------------------------------------------------------------
\12\U.S. Const. art. IV, Sec. 4.
---------------------------------------------------------------------------
The equal footing doctrine requires new states to be
admitted on an equal footing with the other states. The Supreme
Court has held that the doctrine prohibits Congress from
imposing conditions on new states that it could not impose on
existing states. H.R. 5803 would declare the State ``admitted
into the Union on an equal footing with the other States in all
respects whatever.'' H.R. 5803 would not impose conditions on
the State that violate the doctrine.\13\
---------------------------------------------------------------------------
\13\See Luis R. Davila-Colon, Equal Citizenship, Self-
Determination, and the U.S. Statehood Process: A Constitutional and
Historical Analysis, Volume 13, Case Western Reserve Journal of
International Law 315, 326-351 (1981) (online at https://
scholarlycommons.law.case.edu/cgi/viewcontent.cgi?referer=https://
www.google.com/&httpsredir=1&article=1860&context=jil).
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District Clause
The District Clause of the Constitution gives Congress
plenary authority over the federal district.\14\ Under the
clause, Congress may reduce the geographical size of the
federal district. Both the text of the clause and historical
evidence support this authority.
---------------------------------------------------------------------------
\14\U.S. Const. art. I, Sec. 8, cl. 17.
---------------------------------------------------------------------------
The text of the clause establishes a maximum geographical
size of the federal district, but not a minimum geographical
size, or even a location. As the Congressional Research Service
(CRS) explained in testimony submitted to the Committee:
That the Constitution provided Congress flexibility
to choose not only the location, but also the size of
the seat of government, suggests that the Founding
Fathers intended to allow Congress to determine the
appropriate size and place of the District of
Columbia.\15\
---------------------------------------------------------------------------
\15\Committee on Oversight and Reform, Testimony of Kenneth R.
Thomas, Hearing on H.R. 51: Making D.C. the 51st State (Sept. 19, 2019)
(online at https://oversight.house.gov/legislation/hearings/hr-51-
making-dc-the-51st-state).
Moreover, the Property and Federal Enclave clauses of the
Constitution give Congress the authority to acquire and dispose
of land, and Congress has ``like Authority'' over the federal
district and federal enclaves.\16\
---------------------------------------------------------------------------
\16\U.S. Const. art. IV, Sec. 3, cl. 2; U.S. Const. art. I, Sec. 8,
cl. 17.
---------------------------------------------------------------------------
H.R. 5803 would reduce the geographical size of the federal
district by approximately 66 square miles. Congress previously
has changed the boundaries of the federal district. In 1791,
the First Congress amended the southern boundary of the federal
district.\17\ The Supreme Court has held that an act of the
First Congress ``is contemporaneous and weighty evidence of
[the Constitution's] true meaning.''\18\ In 1846, Congress
reduced the geographical size of the federal district by
approximately 32 square miles.\19\
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\17\Act of March 3, 1791, ch. 17, 1 Stat. 214 (1791).
\18\Wisconsin v. Pelican Insurance Company, 127 U.S. 265, 297
(1888).
\19\Act of July 9, 1846, ch. 35, 9 Stat. 35 (1846).
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The Framers included the District Clause in the
Constitution because they did not want the federal government
to be dependent on a host state and because they did not want a
host state to have more power than the other states.\20\ Some
argue that H.R. 5803 would violate the District Clause by
reducing the geographical size of the federal district to a
size that would make it dependent on states for services and
protection.\21\ This claim not only ignores the text of the
District Clause, which does not establish a minimum
geographical size of the federal district, but it also ignores
the historical and current practice of the federal district.
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\20\The Federalist No. 43 (James Madison).
\21\E.g., Committee on Oversight and Reform, Testimony of Roger
Pilon, Ph.D., Hearing on H.R. 51: Making D.C. the 51st State (Sept. 19,
2019) (online at https://oversight.house.gov/legislation/hearings/hr-
51-making-dc-the-51st-state).
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The federal district has long been dependent on states for
services, and the federal government has long protected the
federal district. First, the federal district consumes many
services, such as electricity, that are produced elsewhere.
Second, the federal government itself has the experience and
capability to administer and protect the reduced federal
district. In fact, the federal government previously has
exercised day-to-day control over the federal district. For
example, from 1874 to 1967, the federal government directly
administered the federal district under a presidentially
appointed government of three commissioners.\22\
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\22\Committee on the District of Columbia, Governance of the
Nation's Capital: A Summary History of the Forms and Powers of Local
Government for the District of Columbia, 1790 to 1973, 101st Cong.
(Nov. 1990).
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The federal government employs law enforcement officers,
firefighters, and emergency medical services providers
throughout the country, including more than 130,000 full-time
law enforcement officers.\23\ In the District today, there are
at least 30 federal law enforcement agencies.\24\ The federal
law enforcement agencies that protect the three most important
institutions in the reduced federal district--the Capitol, the
White House, and the Supreme Court-together employ
approximately 3,700 officers.\25\ By comparison, the District
police department, which protects the entire District today,
has a similar number of officers.\26\
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\23\Department of Justice, Bureau of Justice Statistics, Federal
Law Enforcement Officers, 2016--Statistical Tables (Oct. 2019) (online
at www.bjs.gov/content/pub/pdf/fleo16st.pdf).
\24\Metropolitan Police Department, Cooperative Agreements (online
at mpdc.dc.gov/page/cooperative-agreements) (accessed Feb. 24, 2020).
\25\See Department of Homeland Security, U.S. Secret Service:
Budget Overview: Fiscal Year 2020 Congressional Justification (online
at www.dhs.gov/sites/default/files/publications/19_0318 _MGMT_CBJ-
Secret-Service_0.pdf) (accessed Feb. 24, 2020); Committee on
Appropriations, Subcommittee on Legislative Branch, Testimony of United
States Capitol Police Chief of Police Matthew R. Verderosa, Hearing on
United States Capitol Police Budget Request for FY 2020 (Mar. 12,
2019); Department of Justice, Bureau of Justice Statistics, Federal Law
Enforcement Officers, 2016--Statistical Tables (Oct. 2019) (online at
www.bjs.gov/content/pub/pdf/fleo16st.pdf).
\26\Metropolitan Police Department, Brief History of the
Metropolitan Police Department (online at mpdc.dc.gov/page/brief-
history-mpdc) (accessed Feb. 24, 2020).
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The bill would provide a National Guard entity for the
reduced federal district, which would be an exclusively federal
entity. In addition, the President may use military forces to
protect federal property and functions.\27\ Finally, many
federal departments and agencies are headquartered or have
offices outside of the District, and the federal government
procures services for and protects these departments and
agencies outside of the District. Indeed, most federal
employees work outside of the District.\28\
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\27\Congressional Research Service, The Posse Comitatus Act and
Related Matters: The Use of the Military to Execute Civilian Law (Nov.
6, 2018) (online at https://fas.org/sgp/crs/natsec/R42659.pdf).
\28\Office of Personnel Management, Federal Civilian Employment
(Sept. 2017) (online at www.opm.gov/policy-data-oversight/data-
analysis-documentation/federal-employment-reports/reports-publications/
federal-civilian-employment/).
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23rd Amendment
The 23rd Amendment to the Constitution allows the federal
district to participate in the Electoral College as if it were
a state, except that it may not have more electors than the
least populous state.\29\ H.R. 5803 would not violate the
amendment. The intent of the amendment was to allow the
hundreds of thousands of residents of the District to
participate in the Electoral College, not the handful of
residents likely living in the reduced federal district.
However, the text of the amendment does not establish a minimum
population size of the federal district, and a reduction in the
population size of the federal district does not alter the text
of the amendment.
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\29\U.S. Const. amend. XXIII, Sec. 1.
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In addition, some have argued that the 23rd Amendment would
be nullified under H.R. 5803, either because the amendment is
not self-executing and the bill would repeal the enabling
statute for the amendment, or because the bill would lead to
the unreasonable result of giving electoral votes to the
handful of residents likely living in the reduced federal
district.\30\ H.R. 5803 would not violate the text of the
amendment. Upon the enactment of H.R. 5803, Congress and the
states likely would quickly ratify an amendment repealing the
23rd Amendment to avoid giving the handful of residents of the
reduced federal district electoral votes.
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\30\Peter Raven-Hansen, The Constitutionality of D.C. Statehood, 60
George Washington Law Review, 160, 184 (1991); Philip G. Schrag, The
Future of District of Columbia Home Rule, Volume 39, Catholic
University Law Review, 311, 348 (1990) (online at https://
scholarship.law.edu/lawreview/vol39/iss2/3/).
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PREREQUISITES, PROCEDURES, AND TRANSITION ASSISTANCE
The Constitution does not prescribe the prerequisites or
procedures new states must meet or follow for admission.
According to the Government Accountability Office (GAO), ``the
Constitution permits the Congress great flexibility in
admitting new States.'' GAO has found that, ``While statehood
deliberations have resulted in some trends, the Congress''
broad authority, combined with each State's unique
characteristics, has led to many variations in admission
procedures . . . [and] prerequisite conditions.''\31\
---------------------------------------------------------------------------
\31\Government Accountability Office, Experiences of Past
Territories Can Assist Puerto Rico Status Deliberations (Mar. 7, 1980)
(online at www.gao.gov/assets/ggd-80-26.pdf).
---------------------------------------------------------------------------
According to CRS, Congress generally has considered three
factors in evaluating new states: commitment to democracy;
support for statehood; and resources and population. As CRS has
explained, ``In most instances, States were admitted into the
Union without any great difficultly, regardless of the
procedure used.''\32\
---------------------------------------------------------------------------
\32\Congressional Research Service, Admission of States into the
Union After the Original Thirteen: A Brief History and Analysis of the
Statehood Process (Apr. 2, 1985) (online at http://li.proquest.com/
elhpdf/histcontext/CRS-1985-GOV-0026.pdf).
---------------------------------------------------------------------------
The State complies with each of the three factors.
District residents have been petitioning for voting
representation in Congress and local self-government for more
than 200 years.\33\ Most recently, on November 8, 2016,
District residents approved a referendum advising the District
Council to petition Congress for statehood. The referendum
passed by a vote of 244,134 to 40,779.\34\
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\33\Committee on the District of Columbia, New Columbia Admission
Act, 102nd Cong. (1992) (H. Rept. 102-909).
\34\District of Columbia Board of Elections, General Election
2016--Certified Results (Nov. 8, 2016) (online at
electionresults.dcboe.org/election;_results/2016-General-Election).
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The District has a population larger than two states.\35\
The Internal Revenue Service's gross collections from the
District are larger than from 22 states and more per capita
than from any state.\36\ The District has a higher per capita
personal income and gross domestic product than any state.\37\
The District has a larger budget than 12 states.\38\ District
general obligation bonds have the highest rating from Moody's
Investors Service, a rating higher than 35 states.\39\
According to Moody's, the ``rating reflects the District's
strong economy, finances and overall credit profile.''\40\
Moody's assesses the rating outlook as ``stable, reflecting the
District's strong economic and demographic growth, strong
financial position, its notably strong pension and other post-
retirement benefits position, and low liquidity risk.''\41\
---------------------------------------------------------------------------
\35\Census Bureau, State Population Totals and Components of
Change: 2010-2019 (online at www.census.gov/data/tables/time-series/
demo/popest/2010s-state-total.html) (accessed Feb. 24, 2020).
\36\Internal Revenue Service, Internal Revenue Service Data Book,
2018 (online at www.irs.gov/pub/irs-pdf/p55b.pdf) (accessed Feb. 24,
2020).
\37\Federal Reserve Bank of St. Louis, Release Tables: Per Capita
Personal Income by State, Annual (online at fred.stlouisfed.org/
release/tables?rid=151&eid=257197#snid=257206) (accessed Feb. 24,
2020); Bureau of Economic Analysis, Regional Economic Accounts: GDP and
Personal Income (online at apps.bea.gov/iTable/drilldown.cfm?
reqid=70&stepnum= 40&Major_ Area= 3&State=0&Area=
XX&TableId=513&Statistic =1&Year= 2018&YearBegin=-1&Year_ End=-
1&Unit_Of_ Measure=Levels&Rank=1&Drill=1&nRange=5) (accessed Feb. 24,
2020).
\38\National Association of State Budget Officers, 2019 State
Expenditure Report: Fiscal Years 2017-2019, (online at
higherlogicdownload.s3.amazonaws.com/NASBO/9d2d2db1-c943-4f1b-b750-
0fca152d64c2/UploadedImages/SER%20Archive/
2019_State_Expenditure_Report-S.pdf) (accessed Feb. 24, 2020).
\39\Committee on Oversight and Reform, Testimony of Jeffrey S.
DeWitt, Hearing on H.R. 51: Making D.C. the 51st State (Sept. 19, 2019)
(online at https://oversight.house.gov/legislation/hearings/hr-51-
making-dc-the-51st-state).
\40\Moody's Investors Service, Rating Action: Moody's Assigns Aaa
to DC General Obligation Bonds Series 2019A, Moody's Investors Service
(Feb. 6, 2019) (online at www.moodys.com/research/Moodys-assigns-Aaa-
to-DC-general-obligation-bonds-Series-2019A--PR_905703617).
\41\Id.
---------------------------------------------------------------------------
Historically, Congress has provided transition assistance
to new states to support public services and promote economic
development.\42\ According to GAO, ``each State's diverse
characteristics contributed to the varying amount and types of
assistance provided.''\43\ The types of assistance have
included: direct and indirect monetary aid; services; land
grants; partial exemption from federal taxes; and special
statutory treatment.\44\ One statehood study concluded that
``financial matters and the pressing needs and problems of many
statehood aspiring peoples have been seriously considered by
Congress, not to deny admission, but to determine the need for
transitional measures so as to bolster the economic and social
development of the new State at a pace comparable to the rest
of the States.''\45\
---------------------------------------------------------------------------
\42\See Grupo de Investigadores Puertorriquenos, Breakthrough from
Colonialism: An Interdisciplinary Study of Statehood (1984).
\43\Government Accountability Office, Experiences of Past
Territories Can Assist Puerto Rico Status Deliberations (Mar. 7, 1980)
(online at www.gao.gov/assets/ggd-80-26.pdf).
\44\See Grupo de Investigadores Puertorriquenos, Breakthrough from
Colonialism: An Interdisciplinary Study of Statehood (1984); Government
Accountability Office, Experiences of Past Territories Can Assist
Puerto Rico Status Deliberations (Mar. 7, 1980) (online at www.gao.gov/
assets/ggd-80-26.pdf).
\45\Grupo de Investigadores Puertorriquenos, Breakthrough from
Colonialism: An Interdisciplinary Study of Statehood (1984).
---------------------------------------------------------------------------
H.R. 5803 also would establish a transition commission to
advise on an orderly transition to statehood and a reduced
federal district. Congress has provided transition assistance
both upon and after the admission of new states.\46\
---------------------------------------------------------------------------
\46\Government Accountability Office, Experiences of Past
Territories Can Assist Puerto Rico Status Deliberations (Mar. 7, 1980)
(online at www.gao.gov/assets/ggd-80-26.pdf).
---------------------------------------------------------------------------
OPPOSITION
Although there are opposing legal opinions on the
constitutionality of H.R. 5803, the Committee believes the bill
is clearly constitutional.
The minority has offered two baseless arguments against the
bill.
Their first argument is that District residents should be
denied statehood because the State would be too corrupt to
govern itself. They cite corruption by a few former District
officials and impute the corruption to the entire District. At
the same time, they fail to mention criminal convictions of
corrupt officials in their own states.\47\
---------------------------------------------------------------------------
\47\Department of Justice, Report to Congress on the Activities and
Operations of the Public Integrity Section for 2017 (online at
www.justice.gov/criminal/file/1096306/download) (accessed Feb. 24,
2020).
---------------------------------------------------------------------------
Their second argument is more ominous. They would rather
deny voting representation in Congress and full local self-
government for hundreds of thousands of American citizens than
consider the possibility that the new Members of Congress could
be Democrats. As President Donald J. Trump said about D.C.
statehood:
They want to do that so they pick up two automatic
Democrat--you know it's 100 percent Democrat,
basically--so why would the Republicans ever do that?
That'll never happen unless we have some very, very
stupid Republicans around that I don't think you do.
You understand that, right?
Why don't you just take two senators and put them in
there? No, it's not gonna happen. And how many House
seats is it? Like four, three or four? Whatever it is.
You'd have three or four more congressmen and two more
senators, every single day of every single year. And it
would never change. No, the Republicans would never do
that.\48\
---------------------------------------------------------------------------
\48\Trump Says Washington, DC, Will Never Be a State--Because of
All the Democrats, New York Post (May 5, 2020) (online at https://
nypost.com/2020/05/05/trump-says-washington-dc-will-never-be-a-state-
because-of-all-the-democrats/).
The right of American citizens to have voting
representation in Congress should not be dependent on the
political parties of those citizens. The possibility that new
Members of Congress might be from a different political party
is not a valid legal or constitutional basis to deny statehood.
Section-by-Section Analysis
Section 1. Short title; table of contents
(1)(a). Short Title--This section sets forth the short
title of this bill as the ``Washington, D.C. Admission Act.''
(1)(b). Table of Contents--This section sets forth the
table of contents of this bill.
TITLE I--STATE OF WASHINGTON, D.C.
Subtitle A--Procedures for Admission
Section 101. Admission Into the Union
101(a). In General--This section declares that the State of
Washington, Douglass Commonwealth (State) is admitted as a
state on an equal footing, subject to the provisions of this
bill.
101(b). Constitution of State--This section declares that
the State constitution always be republican in form and not
repugnant to the U.S. Constitution or the principles of the
Declaration of Independence.
101(c). Nonseverability--This section declares that, if any
provision of Section 101, or the application thereof to any
person or circumstance, is held invalid, the remaining
provisions of and any amendments made by this bill are invalid.
Section 102. Election of Senators and Representative
102(a). Issuance of Proclamation--This section requires the
Mayor of the District of Columbia (District), after receiving
certification of the enactment of this bill, to issue a
proclamation for the first elections for two Senators and one
Representative in Congress. It also declares that the two
Senate offices be separately identified and designated, that no
person may be a candidate for both offices, and that the
identification or designation does not refer to the terms of
such offices or impair the privilege of the Senate to determine
the class of each of the Senators.
102(b). Rules for Conducting Elections--This section
requires that such proclamation provide for primary and general
elections, that the officers are chosen by qualified District
voters, and that the election results are certified, including
by the District Mayor to the President.
102(c). Assumption of Duties--This section declares that,
upon the admission of the State, the Senators and
Representative are entitled to seats in Congress and to the
rights and privileges of the other Senators and
Representatives.
102(d). Effect of Admission on House of Representatives
Membership--This section declares that, effective for the
Congress during which the State is admitted and each succeeding
Congress, the House of Representatives is composed of 436
Members. It also declares that, until the taking effect of the
first apportionment of Members after admission, the State is
entitled to one Representative. It also amends section 22(a) of
``An Act to provide for the fifteenth and subsequent decennial
censuses and to provide for apportionment of Representatives in
Congress,'' approved June 18, 1929, to provide that the size of
the House of Representatives is 436 Representatives. This
section declares that this amendment applies to the first and
each subsequent regular decennial census conducted after
admission.
Section 103. Issuance of Presidential Proclamation
103(a). In General--This section requires the President,
after receiving certification of the election results, to issue
a proclamation announcing such results.
103(b). Admission of State Upon Issuance of Proclamation--
This section declares that, upon the issuance of such
proclamation, the State is admitted.
Subtitle B--Seat of Government of the United States
Section 111. Territory and Boundaries
111(a). In General--This section declares that the State
consists of all of the territory of the District, except as
provided in Section 111(b).
111(b). Exclusion of Portion Remaining as Seat of
Government of United States--This section declares that the
State does not include the area described in Section 112, which
serves as the seat of the U.S. government and is known as the
``Capital.''
111(c). Metes and Bounds Survey--This section requires the
President (in consultation with the Chair of the National
Capital Planning Commission) to conduct a metes and bounds
survey of the Capital.
Section 112. Description of Capital
112(a). In General--This section declares that, upon the
admission of the State, the Capital consists of the property
described in Section 112(b) and includes the principal federal
monuments, the White House, the U.S. Capitol Building, the U.S.
Supreme Court Building, and the federal executive, legislative,
and judicial office buildings adjacent to the Mall and the U.S.
Capitol Building.
112(b). General Description--This section sets forth the
boundaries of the Capital.
112(c). Exclusion of Building Serving as State Capitol--
This section declares that the Capital does not include the
John A. Wilson Building, which serves as the State capitol.
Section 113. Retention of Title to Property
113(a). Retention of Federal Title--This section declares
that the United States retains title to or jurisdiction over
all property it holds before the admission of the State.
113(b). Retention of State Title--This section declares
that the State retains title to or jurisdiction over all
property the District holds before the admission of the State.
Section 114. Effect of Admission on Current Laws of Seat of Government
of United States
This section declares that District laws apply in the
Capital and are deemed federal laws in the Capital.
Section 115. Capital National Guard
115(a). Establishment--This section amends title 32 of the
U.S. Code to rename the District of Columbia National Guard as
the ``Capital National Guard.'' The Capital National Guard is
the National Guard for the Capital and is an exclusively
federal entity.
115(b). Conforming Amendments--This section amends titles
10 and 32 of the U.S. Code to make conforming changes.
Section 116. Termination of Legal Status of Seat of Government of
United States as Municipal Corporation
This section declares that the Capital is neither a
government nor a body corporate for municipal purposes.
Subtitle C--General Provisions Relating to Laws of State
Section 121. Effect of Admission on Current Laws
121(a). Legislative Power--This section declares that State
legislative power extends to all rightful subjects.
121(b). Continuation of Authority and Duties of Members of
Executive, Legislative, and Judicial Offices--This section
deems members of District executive, legislative, and judicial
offices members of the respective State offices.
121(c). Treatment of Federal Laws--This section declares
that federal laws that apply to the states generally apply to
the State.
121(d). No Effect on Existing Contracts--This section
declares that the admission of the State does not affect
District or U.S. contracts.
121(e). Succession in Interstate Compacts--This section
deems that the State is the successor to the District for
interstate compacts.
121(f). Continuation of Service of Federal Members on
Boards and Commissions--This section declares that federal
representatives on District boards and commissions may serve on
the respective State boards and commissions.
121(g). Special Rule Regarding Enforcement Authority of
United States Capitol Police, United States Park Police, and
United States Secret Service Uniformed Division--This section
clarifies that the U.S. Capitol Police, the U.S. Park Police,
and the U.S. Secret Service Uniformed Division may not enforce
State laws, except as authorized by the State.
Section 122. Pending Actions and Proceedings
122(a). State as Legal Successor to District of Columbia--
This section declares that the State is the legal successor to
the District.
122(b). No Effect on Pending Proceedings--This section
declares that all existing legal proceedings and rights are
unaffected by the admission of the State.
Section 123. Limitation on Authority to Tax Federal Property
This section prohibits the State from taxing federal
property.
Section 124. United States Nationality
This section declares that this bill does not affect
nationality.
TITLE II--INTERESTS OF FEDERAL GOVERNMENT
Subtitle A--Federal Property
Section 201. Treatment of Military Lands
201(a). Reservation of Federal Authority--This section
reserves in Congress exclusive legislation over federally
controlled or owned land in the State that was held for defense
or Coast Guard purposes before the admission of the State, so
long as such land is held for such purposes.
201(b). Authority of State--This section declares that such
reservation does not exclude such land from the State or
prevent the State from exercising, concurrently with the United
States, jurisdiction that it otherwise would have and that is
consistent with federal laws hereafter enacted. It also
declares that the State may serve process in such land in
matters in the State but outside of such land.
Section 202. Waiver of Claims to Federal Property
202(a). In General--This section declares that the State
disclaims all right and title to federally controlled or owned
property.
202(b). Effect on Claims Against United States--This
section declares that this bill does not affect claims against
the United States and that federal law governs any such claim.
It also clarifies that this bill does not constitute a finding
by Congress of the validity of any such claim.
Subtitle B--Federal Courts
Section 211. Residency Requirements for Certain Federal Officials
211(a). Circuit Judges--This section amends 28 U.S.C. 44(c)
to clarify that circuit judges for the judicial circuit
comprising the Capital and the State reside in the circuit. It
also requires that judges for the Federal judicial circuit
reside in 50 miles of the Capital.
211(b). District Judges--This section amends section 134(b)
of such title to clarify that district court judges for the
judicial district comprising the Capital and the State reside
in the district.
211(c). United States Attorneys--This section amends
section 545(a) of such title to clarify that the U.S. attorney
for the judicial district comprising the Capital and the State
resides in the district.
211(d). United States Marshals--This section amends section
561(e)(1) of such title to clarify that the U.S. marshal for
the judicial district comprising the Capital and the State
resides in the district.
211(e). Clerks of District Courts--This section amends
section 751(c) of such title to clarify that the clerk for the
judicial district comprising the Capital and the State resides
in the district.
211(f). Effective Date--This section declares that the
amendments made by Section 211 apply only to individuals
appointed after the admission of the State.
Section 212. Renaming of Federal Courts
212(a). Renaming--This section amends 28 U.S.C. 41 to
rename the District judicial circuit the ``Capital'' circuit,
which consists of the Capital and the State. It also amends
section 88 of such title to rename the District judicial
district the ``Washington, Douglass Commonwealth and the
Capital'' district and to declare that the court of such
district is held in the Capital. It also makes a conforming
change in the table of sections of such title.
212(b). Conforming Amendments Relating to Court of
Appeals--This section amends various sections of such title to
make conforming changes to the name of the judicial circuit. It
also amends section 48(a) of such title to designate the
Capital the place for the Capital and Federal circuits to hold
regular sessions.
212(c). Conforming Amendments Relating to District Court--
This section amends various sections of such title to make
conforming changes to the name of the judicial district.
212(d). Conforming Amendments Relating to Other Courts--
This section amends section 152(a)(2) of such title to make a
conforming change to the name of the judicial district. It also
amends section 173 of such title to make the principal office
of the U.S. Court of Federal Claims the Capital. It also amends
section 175 of such title to make the official duty station of
the judges of the U.S. Court of Federal Claims the Capital and
to require the judges to reside in 50 miles of the Capital. It
also amends section 456(b) of such title to make the official
duty station of the U.S. Chief Justice, the U.S. Supreme Court
Justices, and the judges for the Federal circuit the Capital.
The judges for the Capital circuit and for the Washington,
Douglass Commonwealth and the Capital district are treated in
the same manner as other circuit and district court judges for
purposes of duty station. It also amends section 462(d) of such
title to make permanent accommodations for the Federal circuit
and for the U.S. Court of Federal Claims the Capital. It also
amends section 798(a) of such title to authorize the U.S. Court
of Federal Claims to use facilities and hold court in the
Capital and to use facilities of the federal courts and other
federal facilities for trials and other proceedings outside of
the Capital.
212(e). Other Conforming Amendments--This section amends
section 1608(a)(4) of such title to make service of process
made upon a foreign state available in certain circumstances
through the U.S. Secretary of State in the Capital. It also
amends section 2410(b) of such title to declare that, in
actions in state courts affecting property on which the United
States has or claims a lien, service of process upon the United
States requires sending copies to the U.S. Attorney General in
the Capital.
212(f). Definition--This section amends section 451 of such
title to add the defined term ``Capital,'' as such term is used
in this bill.
212(g). References in Other Laws--This section deems that
references in federal law to the District judicial district and
circuit refer to the Washington, Douglass Commonwealth and the
Capital district and the Capital circuit, respectively.
212(h). Effective Date--This section declares that Section
212 and the amendments made by Section 212 take effect upon
admission of the State.
Section 213. Conforming Amendments Relating to Department of Justice
213(a). Appointment of United States Trustees--This section
amends 28 U.S.C. 581(a)(4) to make a conforming change to the
composition of the judicial district.
213(b). Independent Counsels--This section amends section
594(c) of such title to make a conforming change to the name of
the U.S. attorney for the judicial district and to make the
State the basis of a pay adjustment. It also amends section
596(a)(3) of such title to make a conforming change to the name
of the judicial district.
213(c). Effective Date--This section declares that the
amendments made by Section 213 take effect upon the admission
of the State.
Section 214. Treatment of Pretrial Services in United States District
Court
This section amends 18 U.S.C. 3152 to provide that the
District Pretrial Services Agency provides pretrial services
for the judicial district until the State certifies it has in
effect laws providing for it to provide pretrial services.
Subtitle C--Federal Elections
Section 221. Permitting Individuals Residing in Capital to Vote in
Federal Elections in State of Most Recent Domicile
221(a). Requirement for States to Permit Individuals to
Vote by Absentee Ballot--This section requires states to permit
absent Capital voters to use absentee registration procedures
and to vote by absentee ballot in federal elections and to
accept any otherwise valid voter registration application from
such voter, if the application is received by the State not
less than 30 days before such election. It also defines
``absent Capital voter'' as a resident of the Capital who is
qualified to vote in the state, including the State (or who
would be qualified to vote in the state but for residing in the
Capital), but only if the state is the last place the Capital
resident was domiciled before residing in the Capital.
221(b). Recommendations to States to Maximize Access to
Polls by Absent Capital Voters--This section expresses the
sense of Congress that states should afford maximum access to
the polls by such voters.
221(c). Enforcement--This section declares that the U.S.
Attorney General may seek relief in federal court to carry out
Section 221.
221(d). Effect on Certain Other Laws--This section declares
that registration or voting by such voter does not affect the
residence or domicile of such voter for tax purposes.
221(e). Effective Date--This section declares that Section
221 applies to elections taking place on or after the admission
of the State.
Section 222. Repeal of Office of District of Columbia Delegate
222(a). In General--This section repeals sections 202 and
204 of the District Delegate Act to abolish the office of
Delegate to the House of Representatives from the District.
222(b). Conforming Amendments to District of Columbia
Elections Code of 1955--This section amends the District
Elections Code of 1955 to make conforming changes.
222(c). Effective Date--This section declares that the
amendments made by Section 222 take effect upon the admission
of the State.
Section 223. Repeal of Law Providing for Participation of Seat of
Government in Election of President and Vice-President
223(a). In General--This section amends chapter 1 of title
3 of the U.S. Code by repealing section 21, which defines the
District as a state, and making a conforming change in the
table of sections.
223(b). Effective Date--This section declares that the
amendments made by Section 223 apply to elections taking place
on or after the admission of the State.
Section 224. Expedited Procedures for Consideration of Constitutional
Amendment Repealing 23rd Amendment
224(a). Joint Resolution Described--This section defines
``joint resolution'' as a joint resolution to repeal the 23rd
Amendment.
224(b). Expedited Consideration in House of
Representatives--This section provides for expedited
consideration of the joint resolution in the House of
Representatives.
224(c). Expedited Consideration in Senate--This section
provides for expedited consideration of the joint resolution in
the Senate.
224(d). Rules Relating to Senate and House of
Representatives--This section describes the treatment by one
chamber of the joint resolution received from the other
chamber.
224(e). Rules of House of Representatives and Senate--This
section declares that Section 224 is an exercise of the
rulemaking power of the House of Representatives and Senate.
TITLE III--CONTINUATION OF CERTAIN AUTHORITIES AND RESPONSIBILITIES
Subtitle A--Employee Benefits
Section 301. Federal Benefit Payments Under Certain Retirement Programs
301(a). Continuation of Entitlement to Payments--This
section declares that any individual who, before the admission
of the State, is entitled to a ``Federal benefit payment''
under the District Retirement Protection Act of 1997
(Retirement Act) is entitled to such a payment after admission.
301(b). Obligations of Federal Government--This section
declares that any obligation of the federal government under
the Retirement Act to any individual or to the District before
the admission of the State is a federal obligation to such an
individual and to the State after admission. It also declares
that any obligation of the federal government under the
Retirement Act to the ``D.C. Federal Pension Fund'' before
admission is a federal obligation after admission.
301(c). Obligations of State--This section declares that
any obligation of the District under the Retirement Act to any
individual or to the federal government before the admission of
the State is a State obligation after admission.
Section 302. Continuation of Federal Civil Service Benefits for
Employees First Employed Prior to Establishment of District of
Columbia Merit Personnel System
302(a). Obligations of Federal Government--This section
declares that any obligation of the federal government under
title 5 of the U.S. Code to an individual described in Section
302(c) or to the District before the admission of the State is
a federal obligation to such individual and to the State after
admission.
302(b). Obligations of State--This section declares that
any obligation of the District under such title to an
individual described in Section 302(c) or to the federal
government before the admission of the State is a State
obligation after admission.
302(c). Individuals Described--An individual described in
Section 302 is an individual first employed by the District
before October 1, 1987.
Section 303. Obligations of Federal Government Under Judges' Retirement
Program
303(a). Continuation of Obligations--This section declares
that any obligation of the federal government under subchapter
III of chapter 15 of title 11 of the District Code to any
individual and the District for service accrued before the
admission of the State is a federal obligation to such an
individual and to the State after admission. It also declares
that any obligation of the federal government under such
subchapter that exists to any individual and the State for
service accrued after admission exists as such obligation
existed to individuals and the District as of the date of
admission, but only for service accrued before the termination
date described in Section 303(b).
303(b). Termination Date--This section declares that the
termination date is the date the State certifies that it has in
effect laws requiring it to appropriate and make available
funds for the retirement of its judges.
Subtitle B--Agencies
Section 311. Public Defender Service
311(a). Continuation of Operations and Funding--This
section declares that title III of the District Court Reform
and Criminal Procedure Act of 1970 (Court Act) applies to the
State and its public defender service after the admission of
the State as such title applied to the District and the
District Public Defender Service before admission. It also
declares that the federal government is treated as the
employing agency for the benefits provided to a State public
defender service employee who, pursuant to pursuant to the
Court Act, is treated as a federal employee for purposes of
receiving benefits under any chapter of subpart G of part III
of title 5 of the U.S. Code.
311(b). Renaming of Service--This section declares that,
upon the admission of the State, the State may rename its
public defender service.
311(c). Continuation of Federal Benefits for Employees--
This section declares that any employee of the State public
defender service before the date described in Section 311(d)
who, pursuant to the Court Act, is treated as a federal
employee for purposes of receiving benefits under any chapter
of subpart G of part III of title 5 of the U.S. Code continues
to be treated as such, notwithstanding the termination of the
provisions of Section 311(a) under Section 311(d). It also
declares that, beginning on the date described in Section
311(d), the State is treated as the employing agency for such
employees.
311(d). Termination--This section declares that Section
311(a) terminates upon certification by the State that it has
in effect laws requiring it to appropriate and make available
funds for the operation of the State public defender service.
Section 312. Prosecutions
312(a). Assignment of Assistant United States Attorneys--
This section requires, in accordance with subchapter VI of
chapter 33 of title 5 of the U.S. Code, the U.S. Attorney
General, with the concurrence of the District or the State (as
the case may be), to assign assistant U.S. attorneys to the
State to carry out the functions described in Section 312(b).
It also declares that, in accordance with section 3373 of such
title, such an attorney is deemed under subsection (a) of such
section on detail to a regular work assignment in the
Department of Justice and that the assignment is made without
reimbursement by the State.
312(b). Functions Described--This section provides that the
functions are criminal prosecutions conducted in the name of
the State that would have been conducted in the name of the
United States but for the admission of the State, as provided
under section 23-101(c) of the District Code.
312(c). Minimum Number Assigned--This section declares that
the number of attorneys may not be less than the number who
prosecuted in the name of the United States under such section
before the admission of the State.
312(d). Termination--This section declares that the
obligation to assign attorneys terminates upon certification by
the State that it has appointed attorneys for such
prosecutions.
312(e). Clarification Regarding Clemency Authority--This
section declares that, upon the admission of the State, the
authority to grant clemency for offenses against the District
or the State is exercised by the State. This section also
defines clemency.
Section 313. Service of United States Marshals
313(a). Provision of Services for Courts of State--This
section requires the U.S. Marshals Service to provide such
services to the State courts and court system as it provided to
the District courts and court system before the admission of
the State, except that the President may not appoint a U.S.
Marshal under section 561 of title 28 of the U.S. Code for any
State court.
313(b). Termination--This section declares that the
obligation to provide such services terminates upon
certification by the State that it has appointed personnel to
provide such services.
Section 314. Designation of Felons to Facilities of Bureau of Prisons
314(a). Continuation of Designation--This section declares
that chapter 1 of subtitle C of title XI of the National
Capital Revitalization and Self-Government Improvement Act of
1997 (Revitalization Act) and the amendments made by such
chapter apply to individuals convicted of offenses under
District law before the admission of the State. It also
declares that such chapter applies to individuals convicted of
offenses under State law after admission as such chapter and
amendments applied before admission.
314(b). Termination--This section declares that the
provisions of Section 314 terminate upon certification by the
State that it has in effect laws for housing such individuals
in correctional facilities.
Section 315. Parole and Supervision
315(a). United States Parole Commission--This section
requires the U.S. Parole Commission (Parole Commission) to
exercise the authority over felons imprisoned under District
law before the admission of the State, as provided under
section 11231 of the Revitalization Act, and to exercise the
same authority over felons imprisoned under State law after
admission. It declares that these requirements terminate upon
certification by the State that it has in effect laws providing
for it to exercise such authority. It also requires the Parole
Commission to exercise the authority over offenders of the
District released before admission, as provided under section
11233(c)(2) of the Revitalization Act, and to exercise the same
authority over offenders of the State released after admission.
It also declares that these requirements terminate upon
certification by the State that it has in effect laws providing
for it to exercise such authority. It also declares that any
Parole Commission employee as of the later of the day before
the termination dates described above who, on or after such
date, is an employee of the State office that exercises such
authority continues to be treated as a federal employee for
purposes of receiving benefits under any chapter of subpart G
of part III of title 5 of the U.S. Code. It also declares that,
beginning on the later of the termination dates described
above, the State is treated as the employing agency for such
employees.
315(b). Court Services and Offender Supervision Agency--
This section, upon the admission of the State, renames the
District offender and pretrial agencies. It also requires these
agencies to provide such services after admission that they
provided before admission, as provided under section 11233 of
the Revitalization Act. It also declares that these
requirements terminate upon certification by the State that it
has in effect laws providing for it to provide such services.
It also declares that an employee of either agency before the
termination date described above who, on or after such date, is
an employee of the State office that provides such services
continues to be treated as a federal employee for purposes of
receiving benefits under any chapter of subpart G of part III
of title 5 of the U.S. Code. It also declares that, beginning
on the termination date described above, the State is treated
as the employing agency for such employees.
Section 316. Courts
316(a). Continuation of Operations--This section declares
that title 11 of the District Code as in effect before the
admission of the State applies to the State courts and court
system as such title applied to the District courts and court
system before admission. It also declares that the federal
government is treated as the employing agency for benefits
provided under such title to an employee of the State courts
and court system who, pursuant to such title, is treated as a
federal employee for purposes of receiving benefits under any
chapter of subpart G of part III of title 5 of the U.S. Code.
It also declares that the State selects judges for any vacancy
on the State courts, and clarifies that this authority does not
affect the service of any sitting judge before admission or
require the State to select such a judge for a vacancy or waive
any of the other requirements regarding the appointment and
service of judges of the State courts. It also declares that
the State may rename the State courts and court system.
316(b). Continuation of Federal Benefits for Employees--
This section declares that any employee of the State courts or
court system before the date described in Section 316(e) who,
pursuant to title 11 of the District Code, is treated as a
federal employee for purposes of receiving benefits under any
chapter of subpart G of part III of title 5 of the U.S. Code
continues to be treated as a federal employee for such
purposes, notwithstanding the termination of the provisions of
Section 316 under Section 316(e). It also declares that,
beginning on the date described in Section 316(e), the State is
treated as the employing agency for such employees.
316(c). Continuation of Funding--This section declares that
section 11241 of the Revitalization Act applies to the State
courts and court system after the admission of the State as
such section applied to the District courts and court system
before admission.
316(d). Treatment of Court Receipts--This section declares
that all money received by the State courts and court system be
deposited in the U.S. Treasury, except that section 16 of the
Victims of Violent Crime Compensation Act of 1996 applies to
the State courts and court system as such section applied to
the District courts and court system before the admission of
the State.
316(e). Termination--This section declares that the
provisions of Section 316 terminate upon certification by the
State that it has in effect laws requiring it to appropriate
and make available funds for the operation of the State courts
and court system, except with respect to the State's authority
to select judges and rename the courts and court system and as
provided under Section 316(b).
Subtitle C--Other Programs and Authorities
Section 321. Application of the College Access Act
321(a). Continuation--This section declares that the
District College Access Act of 1999 (College Access Act)
applies to the State and the public institution of higher
education designated by the State as the successor to the
University of the District after the admission of the State as
the College Access Act applied to the District and the
university before admission.
321(b). Termination--This section declares that the
provisions of Section 321, other than with respect to the
successor public institution of higher education, terminate
upon certification by the State that it has in effect laws
requiring it to provide assistance substantially similar to the
assistance provided under the College Access Act.
Section 322. Application of the Scholarships for Opportunity and
Results Act
322(a). Continuation--This section declares that the
Scholarships for Opportunity and Results Act (SOAR Act) applies
to the State after the admission of the State as the SOAR Act
applied to the District before admission.
322(b). Termination--This section declares that the
provisions of Section 322 terminate upon certification by the
State that it has in effect laws requiring the State to provide
tuition assistance substantially similar to the assistance
provided under the SOAR Act and to provide supplemental funds
to the State public schools and public charter schools in the
amounts provided in the most recent fiscal year for public
schools and public charter schools of the State or District (as
the case may be) under the SOAR Act.
Section 323. Medicaid Federal Medical Assistance Percentage
323(a). Continuation--This section declares that,
notwithstanding section 1905(b) of the Social Security Act, the
federal medical assistance percentage for the State under title
XIX of the Social Security Act after the admission of the State
is the federal medical assistance percentage for the District
under such title before admission.
323(b). Termination--This section declares that Section 323
terminates upon certification by the State that, during each of
the first five fiscal years beginning after certification,
estimated State revenues are sufficient to cover any reduction
in revenues that may result from the termination of the
provisions of Section 323.
Section 324. Federal Planning Commissions
324(a). National Capital Planning Commission--This section
declares that, upon the admission of the State, chapter 87 of
title 40 of the U.S. Code applies to the Capital as such
chapter applied to the District before admission and applies to
the State as such chapter applied to Maryland and Virginia
before admission. It also declares that the number of members
appointed by the President to the National Capital Planning
Commission is increased by one and that one such appointee is a
State resident. It also amends section 8702 of such title to
make conforming changes to the defined terms ``environs,''
``National Capital,'' and ``National Capital region.''
324(b). Commission of Fine Arts--This section amends
section 9102(a)(1) of such title by striking ``the District of
Columbia'' and inserting ``the Capital'' with respect to the
authority of the U.S. Commission of Fine Arts. It also adds the
defined term ``Capital,'' as such term is used in this bill, in
section 9102 of such title. It also makes a conforming change
to section 9101(d) of such title.
324(c). Commemorative Works Act--This section amends
section 8902 of such title by adding a new subsection that
declares that this chapter applies only to commemorative works
in the Capital and its environs. It also amends paragraph (2)
of section 8902(a) of such title by adding the defined term
``Capital and its environs.'' It also makes conforming changes
to other sections of such title.
324(d). Effective Date--This section declares that Section
324 and the amendments made by such section take effect upon
admission of the State.
Section 325. Role of Army Corps of Engineers in Supplying Water
325(a). Continuation of Role--This section amends chapter
95 of title 40 of the U.S. Code to add a new section that
declares that any reference in such chapter to the District is
deemed to refer to the Capital or the State, as the case may
be. It also adds the defined term ``Capital,'' as such term is
used in this bill.
325(b). Clerical Amendment--This section makes a conforming
change in the table of sections of such chapter.
Section 326. Requirements to be Located in District of Columbia
This section declares that the location of any person in
the Capital or State after the admission of the State is deemed
to satisfy any requirement under any law before admission that
the person be located in the District.
TITLE IV--GENERAL PROVISIONS
Section 401. General Definitions
This section defines terms used throughout this bill.
Section 402. Statehood Transition Commission
402(a). Establishment--This section establishes the
Statehood Transition Commission (Statehood Commission).
402(b). Composition--This section declares that the
Statehood Commission is composed of 18 members. Seventeen of
the members are appointed by the President, the bipartisan
leadership of the House of Representatives and Senate, and the
District, and one member is the District Chief Financial
Officer. It also declares that the appointments are made not
later than 90 days after the enactment of this bill, that the
authority to make such appointments expires if not made by such
date, and that the number of members is reduced by the number
equal to the number of appointments so not made. It also
declares that members serve for the life of the Statehood
Commission, that vacancies be filled in the same manner as the
original appointment, that members serve without pay but
receive travel expenses, including per diem in lieu of
subsistence, and that the chair and vice chair are elected from
among members appointed by the federal government and the
District, respectively.
402(c). Staff--This section declares that there is a
director, who is appointed by the chair, that the director may
appoint and fix the pay of additional staff, that the director
and staff are exempt from certain civil service laws, and that
the Statehood Commission may procure temporary and intermittent
services of experts and consultants.
402(d). Duties--This section declares that the Statehood
Commission advises the President, Congress, the District Mayor
or the State chief executive officer (as the case may be), and
the District Council or the State legislature (as the case may
be) concerning an orderly transition to statehood for the
District or the State (as the case may be) and to a reduced
geographical size of the federal district.
402(e). Powers--This section declares that the Statehood
Commission may hold hearings, take testimony, receive evidence,
obtain information from federal departments and agencies, use
the U.S. mails in the same manner as other federal departments
and agencies, and receive administrative support services from
the Administrator of General Services.
402(f). Meetings--This section declares that the Statehood
Commission meets at the call of the chair and holds its first
meeting not later than the earlier of 30 days after all members
are appointed or, if the number of members is reduced, 90 days
after the enactment of this bill. It also declares that a
majority of members constitute a quorum, but a lesser number
may hold hearings.
402(g). Reports--This section declares that reports are
submitted as the Statehood Commission considers appropriate or
as may be requested by the President, Congress, the District,
or the State.
402(h). Termination--This section declares that the
Statehood Commission ceases to exist two years after the
admission of the State.
Section 403. Certification of Enactment by President
This section requires the President to certify the
enactment of this bill to the District Mayor.
Section 404. Severability
This section declares that, except as provided in Section
101(c), if any provision of or amendment made by this bill, or
the application thereof to any person or circumstance, is held
invalid, the remaining provisions of and any amendments made by
this bill are not affected by the holding.
Legislative History
On February 7, 2020, Congresswoman Eleanor Holmes Norton
(D-DC) introduced H.R. 5803, and the bill was referred to the
Committee on Oversight and Reform, the Committee on Rules, the
Committee on Armed Services, the Committee on the Judiciary,
and the Committee on Energy and Commerce.
On September 19, 2019, the Committee held a hearing to
examine a prior version of the Washington, D.C. Admission Act
(H.R. 51). The Committee heard testimony from: Muriel Bowser,
Mayor, District of Columbia; Phil Mendelson, Chairman, Council,
District of Columbia; Jeffrey S. DeWitt, Chief Financial
Officer, District of Columbia; Kenneth R. Thomas, Legislative
Attorney, Congressional Research Service; Kerwin E. Miller,
resident, District of Columbia; and Roger Pilon, B. Kenneth
Simon Chair in Constitutional Studies, Cato Institute. On
December 19, 2019, the Committee continued its hearing on H.R.
51 pursuant to clause (2)(j)(1) of rule XI of the Rules of the
House of Representatives. The Committee did not hear testimony
from any witnesses on December 19.
Committee Consideration
On February 11, 2020, the Committee met in open session
and, with a quorum being present, ordered the bill favorably
reported, as amended, by a roll call vote of 21-16.
Roll Call Votes
In compliance with clause 3(b) of rule XIII of the Rules of
the House of Representatives, the Committee advises that the
following roll call votes occurred during the Committee's
consideration of H.R. 5803:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Explanation of Amendments
During Committee consideration of the bill, Representative
Carolyn B. Maloney (D-NY), the Chairwoman of the Committee,
offered an Amendment in the Nature of a Substitute to make a
technical correction to the bill. The Maloney amendment was
adopted by voice vote.
Representative Jody B. Hice (R-GA) offered an amendment to
the Amendment in the Nature of a Substitute that would require
a constitutional amendment to grant statehood to the District.
The Hice amendment failed by a roll call vote of 15-20.
Representative Jody B. Hice (R-GA) offered an amendment to
the Amendment in the Nature of a Substitute that would require
elections for the first chief executive officer and members of
the legislature of the State. The Hice amendment failed by a
roll call vote of 15-20.
Representative Carol D. Miller (R-WV) offered an amendment
to the Amendment in the Nature of a Substitute that would
require the State constitution to require a health practitioner
to exercise a certain degree of care for a nonviable pregnancy.
The Miller amendment failed by a roll call vote of 16-21.
Representative Carol D. Miller (R-WV) offered an amendment
to the Amendment in the Nature of a Substitute that would
exclude any law of the District that prohibits an individual
from owning or carrying a firearm from applying in the Capital.
The Miller amendment failed by a roll call vote of 16-21.
Representative Thomas Massie (R-KY) offered an amendment to
the Amendment in the Nature of a Substitute that would declare
that the Capital includes any property of the federal
government that is contiguous to the boundaries of the Capital.
The Massie amendment failed by a roll call vote of 16-21.
Representative Thomas Massie (R-KY) offered an amendment to
the Amendment in the Nature of a Substitute that would require
the State constitution to prohibit a fee or assessment in order
to vote or to carry a concealed firearm. The Massie amendment
failed by a roll call vote of 15-21.
Representative Clay Higgins (R-LA) offered an amendment to
the Amendment in the Nature of a Substitute that would change
the termination date of the transition assistance relating to
the Bureau of Prisons and require repayment of such assistance.
The Higgins amendment failed by a roll call vote of 15-21.
Representative Clay Higgins (R-LA) offered an amendment to
the Amendment in the Nature of a Substitute that would add a
rule of construction relating to cross-jurisdictional
agreements involving the enforcement of law in the Capital by
the U.S. Capitol Police, the U.S. Park Police, and the U.S.
Secret Service Uniformed Division. The Higgins amendment failed
by a roll call vote of 15-21.
Representative Jody B. Hice (R-GA) offered an amendment to
the Amendment in the Nature of a Substitute that would require
the State constitution to prohibit the State from prohibiting
or restricting the State from cooperating with another
government on certain immigration matters. The Hice amendment
failed by a roll call vote of 15-21.
Representative Ralph Norman (R-SC) offered an amendment to
the Amendment in the Nature of a Substitute that would require
the State constitution to prohibit the State from authorizing
an agreement requiring membership in a labor organization as a
condition of employment. The Norman amendment failed by a roll
call vote of 15-21.
Representative Virginia Foxx (R-NC) offered an amendment to
the Amendment in the Nature of a Substitute that would declare
the federal government the legal successor to the District in
matters pertaining to certain violations of sections 201 and
666 of title 18 of the U.S. Code. The Foxx amendment failed by
a roll call vote of 15-21.
Representative Ralph Norman (R-SC) offered an amendment to
the Amendment in the Nature of a Substitute that would change
the termination date of the transition assistance relating to
the State public defender service and require repayment of such
assistance. The Norman amendment failed by a roll call vote of
16-21.
Representative James Comer (R-KY) offered an amendment to
the Amendment in the Nature of a Substitute that would change
the termination date of the transition assistance relating to
the State courts and court system and require repayment of such
assistance. The Comer amendment failed by a roll call vote of
16-21.
Representative Fred Keller (R-PA) offered an amendment to
the Amendment in the Nature of a Substitute that would exclude
any law of the District that prohibits or restricts cooperating
with another government on certain immigration matters from
applying in the Capital. The Keller amendment failed by a roll
call vote of 16-21.
Representative Fred Keller (R-PA) offered an amendment to
the Amendment in the Nature of a Substitute that would declare
that any obligation under the District of Columbia Retirement
Protection Act of 1997 is a State obligation. The Keller
amendment failed by a roll call vote of 16-21.
List of Related Committee Hearings
In accordance with section 103(i) of H. Res. 6, the
Committee held a hearing on a prior version of the Washington,
D.C. Admission Act (H.R. 51) on September 19, 2019. On December
19, 2019, the Committee continued its hearing on H.R. 51
pursuant to clause (2)(j)(1) of rule XI of the Rules of the
House of Representatives.
Statement of Oversight Findings and Recommendations of the Committee
In compliance with clause 3(c)(1) of rule XIII and clause
(2)(b)(1) of rule X of the Rules of the House of
Representatives, the Committee finds that the political status
of the District of Columbia violates core democratic
principles, such that the Committee recommends the adoption of
the bill (H.R. 5803) to admit the State of Washington, Douglass
Commonwealth.
Statement of General Performance Goals and Objectives
In accordance with clause 3(c)(4) of rule XIII of the Rules
of the House of Representatives, the Committee's performance
goal or objective of the bill is to grant equal political
rights to District of Columbia residents by admitting the State
of Washington, Douglass Commonwealth.
Application of Law to the Legislative Branch
Section 102(b)(3) of Public Law 104-1 requires a
description of the application of the bill to the legislative
branch where the bill relates to the terms and conditions of
employment or access to public services or accommodations. The
bill admits the State of Washington, Douglass Commonwealth and
reduces the geographical size of the federal district. The bill
does not relate to employment or access to public services or
accommodations in the legislative branch.
Duplication of Federal Programs
In accordance with clause 3(c)(5) of rule XIII of the House
of Representatives, no provision of the bill establishes or
reauthorizes a program of the federal government known to be
duplicative of another federal program, a program that was
included in any report from the Government Accountability
Office to Congress pursuant to section 21 of Public Law 111-
139, or a program related to a program identified in the most
recent Catalog of Federal Domestic Assistance.
Disclosure of Directed Rule Makings
The bill does not direct the completion of any specific
rule makings within the meaning of section 551 of title 5,
United States Code.
Federal Advisory Committee Act Statement
The bill establishes an advisory committee within the
definition of Section 5(b) of the appendix to title 5, United
States Code.
Unfunded Mandates Reform Act Statement
Pursuant to section 423 of the Congressional Budget Act of
1974, the Committee has included a letter received from the
Congressional Budget Office (CBO) below.
Earmark Identification
The bill does not include any congressional earmarks,
limited tax benefits, or limited tariff benefits, as defined in
clause 9 of rule XXI of the House of Representatives.
Committee Cost Estimate
Pursuant to clause 3(d)(2)(B) of rule XIII of the Rules of
the House of Representatives, the Committee includes below a
cost estimate of the bill prepared by the Director of CBO under
section 402 of the Congressional Budget Act of 1974.
New Budget Authority and Congressional Budget Office Cost Estimate
Pursuant to clause 3(c)(3) of rule XIII of the House of
Representatives, the cost estimate prepared by CBO and
submitted pursuant to section 402 of the Congressional Budget
Act of 1974 is as follows:
U.S. Congress,
Congressional Budget Office,
Washington, DC, June 17, 2020.
Hon. Carolyn B. Maloney,
Chairman, Committee on Oversight and Reform,
House of Representatives, Washington, DC.
Dear Madam Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 5803, the
Washington, D.C. Admission Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contacts are Matthew
Pickford and Madeleine Fox.
Sincerely,
Phillip L. Swagel,
Director.
Enclosure.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
The bill would
Admit Washington D.C., as the 51st state of
the United States with the name Washington, Douglass
Commonwealth
Provide the new state with the same
privileges and authority granted to other states,
including two U.S. Senators and one Member of the House
of Representatives
Estimated budgetary effects would primarily stem from
Salaries, administrative costs, and office
operation costs for two U.S. Senators
Areas of significant uncertainty include
Quantifying future savings to the federal
government if certain payments to the new state are
lower than payments under current law to Washington,
D.C.
Bill summary: H.R. 5803 would admit the city of Washington,
D.C., as the 51st state with the name of the State of
Washington, Douglass Commonwealth. The new state would comprise
all of the land currently included within the city's boundaries
other than federal land as outlined in the bill. That excluded
property, primarily the area around the National Mall, would be
named the Capital. The new state would be provided with two
U.S. Senators and one Member of the House of Representatives.
Finally, the bill would outline new responsibilities for the
state and establish a process for transferring certain powers
from the federal government to the new state.
Estimated Federal cost: The estimated budgetary effect of
H.R. 5803 is shown in Table 1. The costs of the legislation
fall within budget function 800 (general government).
TABLE 1.--ESTIMATED BUDGETARY EFFECTS OF H.R. 5803
--------------------------------------------------------------------------------------------------------------------------------------------------------
By fiscal year, millions of dollars--
--------------------------------------------------------------------------------------------
2020- 2020-
2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2025 2030
--------------------------------------------------------------------------------------------------------------------------------------------------------
Increases in Direct Spending
Estimated Budget Authority................................. 0 * * * * * * * * * * 2 3
Estimated Outlays.......................................... 0 * * * * * * * * * * 2 3
Increases in Spending Subject to Appropriation
Estimated Authorization.................................... 0 8 8 7 7 7 7 7 7 7 7 39 76
Estimated Outlays.......................................... 0 8 8 7 7 7 7 7 7 7 7 39 76
--------------------------------------------------------------------------------------------------------------------------------------------------------
Components may not sum to totals because of rounding; * = between zero and $500,000.
Basis of estimate: For this estimate, CBO assumes that the
legislation will be enacted near the end of fiscal year 2020.
Estimated outlays are based on historical spending patterns for
the affected and similar activities.
Direct spending: Enacting H.R. 5803 would provide the new
state with two U.S. Senators and one Member of the House of
Representatives and would permanently expand the size of the
House of Representatives from 435 to 436 Members. The District
of Columbia is currently represented by a nonvoting delegate, a
position that H.R. 5803 would eliminate. Because each Member of
the Congress, including a nonvoting delegate, is currently paid
$174,000 annually, CBO estimates that there would be no
additional cost for replacing D.C.'s delegate with a voting
Member of the House of Representatives. Based on the current
annual salary for Senators, adding two Senators would increase
direct spending by $3 million over the 2021-2030 period.
CBO does not expect that enacting H.R. 5803 would
significantly affect most of the federal assistance payments
that people in the District of Columbia currently receive.
Under most assistance programs, the city is treated as a state
and CBO expects that its residents would continue to receive
federal assistance in the same manner after enactment.
Spending subject to appropriation: Each Senator receives
about $4 million annually from appropriated funds for official
and representational duties, including staffing costs. On that
basis, CBO estimates additional staff for the new Senators
would cost $37 million over the 2021-2025 period, assuming
appropriation of the estimated amounts. On average, each
Representative receives about $1 million each year to cover
official and representational duties. No additional cost for
such activities is estimated because CBO expects that the
staffing for the new Representative would be similar to that of
the city's nonvoting delegate.
The bill also would establish an 18-member Statehood
Transition Commission to advise the President, the Congress,
and the government of the District of Columbia on the orderly
transition to statehood. Members would serve without pay but
would be reimbursed for travel expenses. The bill would
authorize the commission to hold hearings, hire staff, and
collect information from federal agencies. The commission would
terminate within two years of the new state's admission to the
Union. Based on the cost of similar commissions, CBO estimates
the total cost would be about $2 million over the 2021-2022
period; that spending would be subject to the availability of
appropriated funds.
Finally, CBO expects the federal government would update
some references to the new state (for example on websites)
immediately, but would make other changes (such as updating
printed materials and its flags) over time. We estimate that
the cost of those changes would be less than $500,000 over the
next few years and would be subject to the availability of
appropriated funds.
H.R. 5803 contains several provisions that would transfer
federal financial responsibilities to Washington, Douglass
Commonwealth when the new state provides notification that the
relevant laws have been enacted and when sufficient funds are
available to cover those activities. For fiscal year 2020, the
Congress appropriated more than $700 million to provide the
city with public defenders, courts, and education grants, in
addition to mandatory pension costs of almost $500 million. CBO
has no basis to determine if or when those costs currently
borne by the federal government would be covered by the new
state.
Uncertainty: The biggest area of uncertainty concerns when
the new state would take financial responsibility for
activities that the federal government currently funds. The
discretionary savings could total hundreds of millions of
dollars a year, but when that would happen is uncertain and
would depend both on actions by the new state to fund those
activities and on reductions in appropriated spending by the
Congress.
Pay-As-You-Go considerations: The Statutory Pay-As-You-Go
Act of 2010 establishes budget-reporting and enforcement
procedures for legislation affecting direct spending or
revenues. The net changes in outlays that are subject to those
pay-as-you-go procedures are shown in Table 2.
TABLE 2.--CBO'S ESTIMATE OF THE STATUTORY PAY-AS-YOU-GO EFFECTS OF H.R. 5803, WASHINGTON, D.C. ADMISSION ACT, AS ORDERED REPORTED BY THE HOUSE COMMITTEE
ON OVERSIGHT AND REFORM ON FEBRUARY 11, 2020
--------------------------------------------------------------------------------------------------------------------------------------------------------
By fiscal year, millions of dollars--
--------------------------------------------------------------------------------------------------
2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2020-2025 2020-2030
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Net Increase in the On-Budget Deficit
Pay-As-You-Go Effect................................. 0 0 0 0 0 0 0 0 0 0 0 2 3
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Components may not sum to totals because of rounding.
Increase in long-term deficits: CBO estimates that enacting
H.R. 5803 would not increase on-budget deficits by more than $5
billion in any of the four consecutive 10-year periods
beginning in 2031.
Mandates: CBO has not reviewed section 221 of H.R. 5803 for
intergovernmental or private-sector mandates. Section 4 of the
Unfunded Mandates Reform Act (UMRA) excludes from the
application of that act any legislative provision that enforces
constitutional rights of individuals. CBO has determined that
section 221 falls within that exclusion because it would
enforce constitutional rights related to voting.
The remaining provisions of H.R. 5803 would not impose
intergovernmental or private-sector mandates as defined in
UMRA. Certain duties currently performed by the District of
Columbia, including the administration of federal programs,
would carry over to the new state without change. The bill
would require the new state to, among other things, adopt a
constitution and organize elections for federal offices. CBO
does not consider those requirements to be mandates under UMRA
because the state and the new duties would be established
simultaneously. Therefore, no existing entity would be
obligated to comply with the new requirements.
Estimate prepared by: Federal Costs: Madeleine Fox and
Matthew Pickford; Mandates: Andrew Laughlin.
Estimate reviewed by: Susan Willie, Chief, Natural
Resources Cost Estimates Unit, Acting Chief, Public and Private
Mandates Unit; H. Samuel Papenfuss, Deputy Director of Budget
Analysis; Theresa Gullo, Director of Budget Analysis.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, and existing law in which no
change is proposed is shown in roman):
ACT OF JUNE 18, 1929
AN ACT To provide for the fifteenth and subsequent decennial censuses
and to provide for apportionment of Representatives in Congress.
* * * * * * *
Sec. 22. (a) On the first day, or within one week thereafter,
of the first regular session of the Eighty-second Congress and
of each fifth Congress thereafter, the President shall transmit
to the Congress a statement showing the whole number of persons
in each State, excluding Indians not taxed, as ascertained
under the seventeenth and each subsequent decennial census of
the population, and the number of Representatives to which each
State would be entitled under an apportionment of [the then
existing number of Representatives] 436 Representatives by the
method known as the method of equal proportions, no State to
receive less than one Member.
(b) Each State shall be entitled, in the Eighty-third
Congress and in each Congress thereafter until the taking
effect of a reapportionment under this section or subsequent
statute, to the number of Representatives shown in the
statement required by subsection (a) of this section no State
to receive less than one Member. It shall be the duty of the
Clerk of the House of Representatives, within fifteen calendar
days after the receipt of such statement, to send to the
executive of each State a certificate of the number of
Representatives to which such State is entitled under this
section. In case of a vacancy in the office of Clerk, or of his
absence or inability to discharge this duty, then such duty
shall devolve upon the Sergeant at Arms of the House of
Representatives.
(c) Until a State is redistricted in the manner provided by
the law thereof after any apportionment, the Representatives to
which such State is entitled under such apportionment shall be
elected in the following manner: (1) If there is no change in
the number of Representatives, they shall be elected from the
districts then prescribed by the law of such State, and if any
of them are elected from the State at large they shall continue
to be so elected; (2) if there is an increase in the number of
Representatives, such additional Representatives or
Representatives shall be elected from the State at large and
the other Representatives from the districts then prescribed by
the law of such State; (3) if there is a decrease in the number
of Representatives but the number of districts in such State is
equal to such decreased number of Representatives, they shall
be elected from the districts then prescribed by the law of
such State; (4) if there is a decrease in the number of
Representatives but the number of districts in such State is
less than such number of Representatives, the number of
Representatives by which such number of districts is exceeded
shall be elected from the State at large and the other
Representatives from the districts then prescribed by the law
of such State; or (5) if there is a decrease in the number of
Representatives and the number of districts in such State
exceeds such decreased number of Representatives, they shall be
elected from the State at large.
----------
TITLE 32, UNITED STATES CODE
* * * * * * *
CHAPTER 1--ORGANIZATION
* * * * * * *
Sec. 101. Definitions
In addition to the definitions in sections 1-5 of title 1,
the following definitions apply in this title:
(1) For purposes of other laws relating to the
militia, the National Guard, the Army National Guard of
the United States, and the Air National Guard of the
United States, the term ``Territory'' includes Guam and
the Virgin Islands.
(2) ``Armed forces'' means the Army, Navy, Air Force,
Marine Corps, and Coast Guard.
(3) ``National Guard'' means the Army National Guard
and the Air National Guard.
(4) ``Army National Guard'' means that part of the
organized militia of the several States and
Territories, Puerto Rico, and the [District of
Columbia] Capital, active and inactive, that--
(A) is a land force;
(B) is trained, and has its officers
appointed, under the sixteenth clause of
section 8, article I, of the Constitution;
(C) is organized, armed, and equipped wholly
or partly at Federal expense; and
(D) is federally recognized.
(5) ``Army National Guard of the United States''
means the reserve component of the Army all of whose
members are members of the Army National Guard.
(6) ``Air National Guard'' means that part of the
organized militia of the several States and
Territories, Puerto Rico, and the [District of
Columbia] Capital, active and inactive, that--
(A) is an air force;
(B) is trained, and has its officers
appointed, under the sixteenth clause of
section 8, article I of the Constitution;
(C) is organized, armed, and equipped wholly
or partly at Federal expense; and
(D) is federally recognized.
(7) ``Air National Guard of the United States'' means
the reserve component of the Air Force all of whose
members are members of the Air National Guard.
(8) ``Officer'' means commissioned or warrant
officer.
(9) ``Enlisted member'' means a person enlisted in,
or inducted, called, or conscripted into, an armed
force in an enlisted grade.
(10) ``Grade'' means a step or degree, in a graduated
scale of office or military rank, that is established
and designated as a grade by law or regulation.
(11) ``Rank'' means the order of precedence among
members of the armed forces.
(12) ``Active duty'' means full-time duty in the
active military service of the United States. It
includes such Federal duty as full-time training duty,
annual training duty, and attendance, while in the
active military service, at a school designated as a
service school by law or by the Secretary of the
military department concerned. It does not include
full-time National Guard duty.
(13) ``Supplies'' includes material, equipment, and
stores of all kinds.
(14) ``Shall'' is used in an imperative sense.
(15) ``May'' is used in a permissive sense. The words
``no person may * * *'' mean that no person is
required, authorized, or permitted to do the act
prescribed.
(16) ``Includes'' means ``includes but is not limited
to''.
(17) ``Pay'' includes basic pay, special pay,
incentive pay, retired pay, and equivalent pay, but
does not include allowances.
(18) ``Spouse'' means husband or wife, as the case
may be.
(19) ``Full-time National Guard duty'' means training
or other duty, other than inactive duty, performed by a
member of the Army National Guard of the United States
or the Air National Guard of the United States in the
member's status as a member of the National Guard of a
State or territory, the Commonwealth of Puerto Rico, or
the [District of Columbia] Capital under section 316,
502, 503, 504, or 505 of this title for which the
member is entitled to pay from the United States or for
which the member has waived pay from the United States.
(20) ``Capital'' means the area serving as the seat
of the Government of the United States, as described in
section 112 of the Washington, D.C. Admission Act.
* * * * * * *
Sec. 103. Branches and organizations
The Army National Guard of each State, the Commonwealth of
Puerto Rico, the [District of Columbia] Capital, Guam, and the
Virgin Islands includes such members of the staff corps
corresponding to the staff corps of the Army as the Secretary
of the Army may authorize.
Sec. 104. Units: location; organization; command
(a) Each State, the Commonwealth of Puerto Rico, Guam, and
the Virgin Islands may fix the location of the units and
headquarters of its National Guard.
(b) Except as otherwise specifically provided in this title,
the organization of the Army National Guard and the composition
of its units shall be the same as those prescribed for the
Army, subject, in time of peace, to such general exceptions as
the Secretary of the Army may authorize; and the organization
of the Air National Guard and the composition of its units
shall be the same as those prescribed for the Air Force,
subject, in time of peace, to such general exceptions as the
Secretary of the Air Force may authorize.
(c) To secure a force the units of which when combined will
form complete higher tactical units, the President may
designate the units of the National Guard, by branch of the
Army or organization of the Air Force, to be maintained in each
State, the Commonwealth of Puerto Rico, the [District of
Columbia] Capital, Guam, and the Virgin Islands. However, no
change in the branch, organization, or allotment of a unit
located entirely within a State may be made without the
approval of its governor.
(d) To maintain appropriate organization and to assist in
training and instruction, the President may assign the National
Guard to divisions, wings, and other tactical units, and may
detail commissioned officers of the National Guard or of the
Regular Army or the Regular Air Force, as the case may be, to
command those units. However, the commanding officer of a unit
organized wholly within a State, the Commonwealth of Puerto
Rico, the [District of Columbia] Capital, Guam, or the Virgin
Islands may not be displaced under this subsection.
(e) To insure prompt mobilization of the National Guard in
time of war or other emergency, the President may, in time of
peace, detail a commissioned officer of the Regular Army to
perform the duties of chief of staff for each fully organized
division of the Army National Guard, and a commissioned officer
of the Regular Air Force to perform the duties of the
corresponding position for each fully organized wing of the Air
National Guard.
(f) Unless the President consents--
(1) an organization of the National Guard whose
members have received compensation from the United
States as members of the National Guard may not be
disbanded; and
(2) the actual strength of such an organization in
commissioned officers or enlisted members may not be
reduced below the minimum strength prescribed by the
President.
* * * * * * *
Sec. 107. Availability of appropriations
(a) Under such regulations as the Secretary concerned may
prescribe, appropriations for the National Guard are available
for--
(1) the necessary expenses of members of a regular or
reserve component of the Army or the Air Force
traveling on duty in connection with the National
Guard;
(2) the necessary expenses of members of the Regular
Army or the Regular Air Force on duty in the National
Guard Bureau or with the Army Staff or the Air Staff,
traveling to and from annual conventions of the
Enlisted Association of the National Guard of the
United States, the National Guard Association of the
United States, or the Adjutants General Association;
(3) the transportation of supplies furnished to the
National Guard as permanent equipment;
(4) the office rent and necessary office expenses of
officers of a regular or reserve component of the Army
or the Air Force on duty with the National Guard;
(5) the expenses of the National Guard Bureau,
including clerical services;
(6) the promotion of rifle practice, including the
acquisition, construction, maintenance, and equipment
of shooting galleries and suitable target ranges;
(7) such incidental expenses of authorized
encampments, maneuvers, and field instruction as the
Secretary considers necessary; and
(8) other expenses of the National Guard authorized
by law.
(b) The expenses of enlisted members of the Regular Army or
the Regular Air Force on duty with the National Guard shall be
paid from appropriations for the Army National Guard or the Air
National Guard, as the case may be, but not from the allotment
of a State, the Commonwealth of Puerto Rico, the [District of
Columbia] Capital, Guam, or the Virgin Islands. Payable
expenses include allowances for subsistence and housing under
sections 402 and 403 of title 37 and expenses for medicine and
medical attendance.
(c) The pay and allowances for the Chief of the National
Guard Bureau and officers of the Army National Guard of the
United States or the Air National Guard of the United States
called to active duty under section 12402 of title 10 shall be
paid from appropriations for the pay of the Army National Guard
or Air National Guard.
* * * * * * *
Sec. 109. Maintenance of other troops
(a) In time of peace, a State, the Commonwealth of Puerto
Rico, the [District of Columbia] Capital, Guam, or the Virgin
Islands may maintain no troops other than those of its National
Guard and defense forces authorized by subsection (c).
(b) Nothing in this title limits the right of a State, the
Commonwealth of Puerto Rico, the [District of Columbia]
Capital, Guam, or the Virgin Islands to use its National Guard
or its defense forces authorized by subsection (c) within its
borders in time of peace, or prevents it from organizing and
maintaining police or constabulary.
(c) In addition to its National Guard, if any, a State, the
Commonwealth of Puerto Rico, the [District of Columbia]
Capital, Guam, or the Virgin Islands may, as provided by its
laws, organize and maintain defense forces. A defense force
established under this section may be used within the
jurisdiction concerned, as its chief executive (or commanding
general in the case of the [District of Columbia] Capital)
considers necessary, but it may not be called, ordered, or
drafted into the armed forces.
(d) A member of a defense force established under subsection
(c) is not, because of that membership, exempt from service in
the armed forces, nor is he entitled to pay, allowances,
subsistence, transportation, or medical care or treatment, from
funds of the United States.
(e) A person may not become a member of a defense force
established under subsection (c) if he is a member of a reserve
component of the armed forces.
* * * * * * *
Sec. 112. Drug interdiction and counter-drug activities
(a) Funding Assistance.--The Secretary of Defense may provide
funds to the Governor of a State who submits to the Secretary a
State drug interdiction and counter-drug activities plan
satisfying the requirements of subsection (c). Such funds shall
be used for the following:
(1) The pay, allowances, clothing, subsistence,
gratuities, travel, and related expenses, as authorized
by State law, of personnel of the National Guard of
that State used, while not in Federal service, for the
purpose of drug interdiction and counter-drug
activities.
(2) The operation and maintenance of the equipment
and facilities of the National Guard of that State used
for the purpose of drug interdiction and counter-drug
activities.
(3) The procurement of services and equipment, and
the leasing of equipment, for the National Guard of
that State used for the purpose of drug interdiction
and counter-drug activities. However, the use of such
funds for the procurement of equipment may not exceed
$5,000 per item, unless approval for procurement of
equipment in excess of that amount is granted in
advance by the Secretary of Defense.
(b) Use of Personnel Performing Full-Time National Guard
Duty.--(1) Under regulations prescribed by the Secretary of
Defense, personnel of the National Guard of a State may, in
accordance with the State drug interdiction and counter-drug
activities plan referred to in subsection (c), be ordered to
perform full-time National Guard duty under section 502(f) of
this title for the purpose of carrying out drug interdiction
and counter-drug activities.
(2)(A) A member of the National Guard serving on full-time
National Guard duty under orders authorized under paragraph (1)
shall participate in the training required under section 502(a)
of this title in addition to the duty performed for the purpose
authorized under that paragraph. The pay, allowances, and other
benefits of the member while participating in the training
shall be the same as those to which the member is entitled
while performing duty for the purpose of carrying out drug
interdiction and counter-drug activities. The member is not
entitled to additional pay, allowances, or other benefits for
participation in training required under section 502(a)(1) of
this title.
(B) Appropriations available for the Department of Defense
for drug interdiction and counter-drug activities may be used
for paying costs associated with a member's participation in
training described in subparagraph (A). The appropriation shall
be reimbursed in full, out of appropriations available for
paying those costs, for the amounts paid. Appropriations
available for paying those costs shall be available for making
the reimbursements.
(C) To ensure that the use of units and personnel of the
National Guard of a State pursuant to a State drug interdiction
and counter-drug activities plan does not degrade the training
and readiness of such units and personnel, the following
requirements shall apply in determining the drug interdiction
and counter-drug activities that units and personnel of the
National Guard of a State may perform:
(i) The performance of the activities may not
adversely affect the quality of that training or
otherwise interfere with the ability of a member or
unit of the National Guard to perform the military
functions of the member or unit.
(ii) National Guard personnel will not degrade their
military skills as a result of performing the
activities.
(iii) The performance of the activities will not
result in a significant increase in the cost of
training.
(iv) In the case of drug interdiction and counter-
drug activities performed by a unit organized to serve
as a unit, the activities will support valid unit
training requirements.
(3) A unit or member of the National Guard of a State may be
used, pursuant to a State drug interdiction and counter-drug
activities plan approved by the Secretary of Defense under this
section, to provide services or other assistance (other than
air transportation) to an organization eligible to receive
services under section 508 of this title if--
(A) the State drug interdiction and counter-drug
activities plan specifically recognizes the
organization as being eligible to receive the services
or assistance;
(B) in the case of services, the performance of the
services meets the requirements of paragraphs (1) and
(2) of subsection (a) of section 508 of this title; and
(C) the services or assistance is authorized under
subsection (b) or (c) of such section or in the State
drug interdiction and counter-drug activities plan.
(c) Plan Requirements.--A State drug interdiction and
counter-drug activities plan shall--
(1) specify how personnel of the National Guard of
that State are to be used in drug interdiction and
counter-drug activities;
(2) certify that those operations are to be conducted
at a time when the personnel involved are not in
Federal service;
(3) certify that participation by National Guard
personnel in those operations is service in addition to
training required under section 502 of this title;
(4) certify that any engineer-type activities (as
defined by the Secretary of Defense) under the plan
will be performed only by units and members of the
National Guard;
(5) include a certification by the Attorney General
of the State (or, in the case of a State with no
position of Attorney General, a civilian official of
the State equivalent to a State attorney general) that
the use of the National Guard of the State for the
activities proposed under the plan is authorized by,
and is consistent with, State law; and
(6) certify that the Governor of the State or a
civilian law enforcement official of the State
designated by the Governor has determined that any
activities included in the plan that are carried out in
conjunction with Federal law enforcement agencies serve
a State law enforcement purpose.
(d) Examination of Plan.--(1) Before funds are provided to
the Governor of a State under this section and before members
of the National Guard of that State are ordered to full-time
National Guard duty as authorized in subsection (b), the
Secretary of Defense shall examine the adequacy of the plan
submitted by the Governor under subsection (c). The plan as
approved by the Secretary may provide for the use of personnel
and equipment of the National Guard of that State to assist the
Immigration and Naturalization Service in the transportation of
aliens who have violated a Federal or State law prohibiting or
regulating the possession, use, or distribution of a controlled
substance.
(2) Except as provided in paragraph (3), the Secretary shall
carry out paragraph (1) in consultation with the Director of
National Drug Control Policy.
(3) Paragraph (2) shall not apply if--
(A) the Governor of a State submits a plan under
subsection (c) that is substantially the same as a plan
submitted for that State for a previous fiscal year;
and
(B) pursuant to the plan submitted for a previous
fiscal year, funds were provided to the State in
accordance with subsection (a) or personnel of the
National Guard of the State were ordered to perform
full-time National Guard duty in accordance with
subsection (b).
(e) End Strength Limitation.--(1) Except as provided in
paragraph (2), at the end of a fiscal year there may not be
more than 4000 members of the National Guard--
(A) on full-time National Guard duty under section
502(f) of this title to perform drug interdiction or
counter-drug activities pursuant to an order to duty;
or
(B) on duty under State authority to perform drug
interdiction or counter-drug activities pursuant to an
order to duty with State pay and allowances being
reimbursed with funds provided under subsection (a)(1).
(2) The Secretary of Defense may increase the end strength
authorized under paragraph (1) by not more than 20 percent for
any fiscal year if the Secretary determines that such an
increase is necessary in the national security interests of the
United States.
(f) Annual Report.--The Secretary of Defense shall submit to
Congress an annual report regarding assistance provided and
activities carried out under this section during the preceding
fiscal year. The report shall include the following:
(1) The number of members of the National Guard
excluded under subsection (e) from the computation of
end strengths.
(2) A description of the drug interdiction and
counter-drug activities conducted under State drug
interdiction and counter-drug activities plans referred
to in subsection (c) with funds provided under this
section.
(3) An accounting of the amount of funds provided to
each State.
(4) A description of the effect on military training
and readiness of using units and personnel of the
National Guard to perform activities under the State
drug interdiction and counter-drug activities plans.
(g) Statutory Construction.--Nothing in this section shall be
construed as a limitation on the authority of any unit of the
National Guard of a State, when such unit is not in Federal
service, to perform law enforcement functions authorized to be
performed by the National Guard by the laws of the State
concerned.
(h) Definitions.--For purposes of this section:
(1) The term ``drug interdiction and counter-drug
activities'', with respect to the National Guard of a
State, means the use of National Guard personnel in
drug interdiction and counter-drug law enforcement
activities, including drug demand reduction activities,
authorized by the law of the State and requested by the
Governor of the State.
(2) The term ``Governor of a State'' means, in the
case of the [District of Columbia,] Capital, the
Commanding General of the [National Guard of the
District of Columbia] Capital National Guard.
(3) The term ``State'' means each of the several
States, the [District of Columbia,] Capital, the
Commonwealth of Puerto Rico, or a territory or
possession of the United States.
* * * * * * *
CHAPTER 3--PERSONNEL
* * * * * * *
Sec. 304. Enlistment oath
Each person enlisting in the National Guard shall sign an
enlistment contract and subscribe to the following oath:
``I do hereby acknowledge to have voluntarily
enlisted this __ day of ____, 19--, in the ______
National Guard of the State of ______ for a period of
__ year(s) under the conditions prescribed by law,
unless sooner discharged by proper authority.
``I, ________, do solemnly swear (or affirm) that I
will support and defend the Constitution of the United
States and of the State of ______ against all enemies,
foreign and domestic; that I will bear true faith and
allegiance to them; and that I will obey the orders of
the President of the United States and the Governor of
______ and the orders of the officers appointed over
me, according to law and regulations. So help me God.''
The oath may be taken before any officer of the National
Guard of the State or Territory, or of Puerto Rico, or the
[District of Columbia] Capital, as the case may be, or before
any other person authorized by the law of the jurisdiction
concerned to administer oaths of enlistment in the National
Guard.
* * * * * * *
Sec. 314. Adjutants general
(a) There shall be an adjutant general in each State, the
Commonwealth of Puerto Rico, the [District of Columbia]
Capital, Guam, and the Virgin Islands. He shall perform the
duties prescribed by the laws of that jurisdiction.
(b) The President shall appoint the adjutant general of the
[District of Columbia] Capital and prescribe his grade and
qualifications.
(c) The President may detail as adjutant general of the
[District of Columbia] Capital any retired commissioned officer
of the Regular Army or the Regular Air Force recommended for
that detail by the commanding general of the [District of
Columbia] Capital National Guard. An officer detailed under
this subsection is entitled to the basic pay and allowances of
his grade.
(d) The adjutant general of each State, the Commonwealth of
Puerto Rico, the [District of Columbia] Capital, Guam, and the
Virgin Islands, and officers of the National Guard, shall make
such returns and reports as the Secretary of the Army or the
Secretary of the Air Force may prescribe, and shall make those
returns and reports to the Secretary concerned or to any
officer designated by him.
Sec. 315. Detail of regular members of Army and Air Force to duty with
National Guard
(a) The Secretary of the Army shall detail commissioned
officers of the Regular Army to duty with the Army National
Guard of each State, the Commonwealth of Puerto Rico, the
[District of Columbia] Capital, Guam, and the Virgin Islands.
The Secretary of the Air Force shall detail commissioned
officers of the Regular Air Force to duty with the Air National
Guard of each State, the Commonwealth of Puerto Rico, the
[District of Columbia] Capital, Guam, and the Virgin Islands.
With the permission of the President, an officer so detailed
may accept a commission in the Army National Guard or the Air
National Guard, as the case may be, terminable in the
President's discretion, without prejudicing his rank and
without vacating his regular appointment.
(b) The Secretary of the Army may detail enlisted members of
the Regular Army for duty with the Army National Guard of each
State, the Commonwealth of Puerto Rico, the [District of
Columbia] Capital, Guam, and the Virgin Islands. The Secretary
of the Air Force may detail enlisted members of the Regular Air
Force for duty with the Air National Guard of each State, the
Commonwealth of Puerto Rico, the [District of Columbia]
Capital, Guam, and the Virgin Islands.
* * * * * * *
Sec. 324. Discharge of officers; termination of appointment
(a) An officer of the National Guard shall be discharged
when--
(1) he becomes 64 years of age; or
(2) his Federal recognition is withdrawn.
The official who would be authorized to appoint him shall give
him a discharge certificate.
(b) Subject to subsection (a), the appointment of an officer
of the National Guard may be terminated or vacated as provided
by the laws of the State of whose National Guard he is a
member, or by the laws of the Commonwealth of Puerto Rico, or
the [District of Columbia] Capital, Guam, or the Virgin
Islands, of whose National Guard he is a member.
(c) Notwithstanding subsection (a)(1), an officer of the
National Guard serving as a chaplain, medical officer, dental
officer, nurse, veterinarian, Medical Service Corps officer, or
biomedical sciences officer may be retained, with the officer's
consent, until the date on which the officer becomes 68 years
of age.
Sec. 325. Relief from National Guard duty when ordered to active duty
(a) Relief Required.--(1) Except as provided in paragraph
(2), each member of the Army National Guard of the United
States or the Air National Guard of the United States who is
ordered to active duty is relieved from duty in the National
Guard of his State, or of the Commonwealth of Puerto Rico,
Guam, or the Virgin Islands or the [District of Columbia]
Capital, as the case may be, from the effective date of his
order to active duty until he is relieved from that duty.
(2) An officer of the Army National Guard of the United
States or the Air National Guard of the United States is not
relieved from duty in the National Guard of his State, or of
the Commonwealth of Puerto Rico, Guam, or the Virgin Islands or
the [District of Columbia] Capital, under paragraph (1) while
serving on active duty if--
(A) the President authorizes such service in both
duty statuses; and
(B) the Governor of his State, or of the Commonwealth
of Puerto Rico, Guam, or the Virgin Islands, or the
commanding general of the [District of Columbia]
Capital National Guard, as the case may be, consents to
such service in both duty statuses.
(b) Advance Authorization and Consent.--The President and the
Governor of a State or Territory, or of the Commonwealth of
Puerto Rico, or the commanding general of the [District of
Columbia] Capital National Guard, as applicable, may give the
authorization or consent required by subsection (a)(2) with
respect to an officer in advance for the purpose of
establishing the succession of command of a unit.
(c) Return to State Status.--So far as practicable, members,
organizations, and units of the Army National Guard of the
United States or the Air National Guard of the United States
ordered to active duty shall be returned to their National
Guard status upon relief from that duty.
Sec. 326. Courts-martial of National Guard not in Federal service:
composition, jurisdiction, and procedures
In the National Guard not in Federal service, there are
general, special, and summary courts-martial constituted like
similar courts of the Army and the Air Force. They have the
jurisdiction and powers, except as to punishments, and shall
follow the forms and procedures, provided for those courts.
Punishments shall be as provided by the laws of the respective
States, the Commonwealth of Puerto Rico, the [District of
Columbia] Capital, Guam, and the Virgin Islands.
Sec. 327. Courts-martial of National Guard not in Federal service:
convening authority
(a) In the National Guard not in Federal service, general,
special, and summary courts-martial may be convened as provided
by the laws of the respective States, the Commonwealth of
Puerto Rico, the [District of Columbia] Capital, Guam, and the
Virgin Islands.
(b) In the National Guard not in Federal service--
(1) general courts-martial may be convened by the
President;
(2) special courts-martial may be convened--
(A) by the commanding officer of a garrison,
fort, post, camp, air base, auxiliary air base,
or other place where members of the National
Guard are on duty; or
(B) by the commanding officer of a division,
brigade, regiment, wing, group, detached
battalion, separate squadron, or other detached
command; and
(3) summary courts-martial may be convened--
(A) by the commanding officer of a garrison,
fort, post, camp, air base, auxiliary air base,
or other place where members of the National
Guard are on duty; or
(B) by the commanding officer of a division,
brigade, regiment, wing, group, detached
battalion, detached squadron, detached company,
or other detachment.
(c) The convening authorities provided under subsection (b)
are in addition to the convening authorities provided under
subsection (a).
Sec. 328. Active Guard and Reserve duty: Governor's authority
(a) Authority.--The Governor of a State or the Commonwealth
of Puerto Rico, Guam, or the Virgin Islands, or the commanding
general of the [District of Columbia] Capital National Guard,
as the case may be, with the consent of the Secretary
concerned, may order a member of the National Guard to perform
Active Guard and Reserve duty, as defined by section 101(d)(6)
of title 10, pursuant to section 502(f) of this title.
(b) Duties.--A member of the National Guard performing duty
under subsection (a) may perform the additional duties
specified in section 502(f)(2) of this title to the extent that
the performance of those duties does not interfere with the
performance of the member's primary Active Guard and Reserve
duties of organizing, administering, recruiting, instructing,
and training the reserve components.
* * * * * * *
CHAPTER 5--TRAINING
* * * * * * *
Sec. 501. Training generally
(a) The discipline, including training, of the Army National
Guard shall conform to that of the Army. The discipline,
including training, of the Air National Guard shall conform to
that of the Air Force.
(b) The training of the National Guard shall be conducted by
the several States, the Commonwealth of Puerto Rico, the
[District of Columbia] Capital, Guam, and the Virgin Islands in
conformity with this title.
* * * * * * *
Sec. 503. Participation in field exercises
(a)(1) Under such regulations as the President may prescribe,
the Secretary of the Army and the Secretary of the Air Force,
as the case may be, may provide for the participation of the
National Guard in encampments, maneuvers, outdoor target
practice, or other exercises for field or coast-defense
instruction, independently of or in conjunction with the Army
or the Air Force, or both.
(2) Paragraph (1) includes authority to provide for
participation of the National Guard in conjunction with the
Army or the Air Force, or both, in joint exercises for
instruction to prepare the National Guard for response to civil
emergencies and disasters.
(b) Amounts necessary for the pay, subsistence,
transportation, and other proper expenses of any part of the
National Guard of a State, the Commonwealth of Puerto Rico, the
[District of Columbia] Capital, Guam, or the Virgin Islands
participating in an exercise under subsection (a) may be set
aside from funds allocated to it from appropriations for field
or coast-defense instruction.
(c) Members of the National Guard participating in an
exercise under subsection (a) may, after being mustered, be
paid for the period beginning with the date of leaving home and
ending with the date of return, as determined in advance. If
otherwise correct, such a payment passes to the credit of the
disbursing officer.
Sec. 504. National Guard schools and small arms competitions
(a) Under regulations to be prescribed by the Secretary of
the Army or Secretary of the Air Force, as the case may be,
members of the National Guard may--
(1) attend schools conducted by the Army or the Air
Force, as appropriate;
(2) conduct or attend schools conducted by the
National Guard; or
(3) participate in small arms competitions.
(b) Activities authorized under subsection (a) for members of
the National Guard of a State or territory, Puerto Rico, or the
[District of Columbia] Capital may be held inside or outside
its boundaries.
Sec. 505. Army and Air Force schools and field exercises
Under such regulations as the President may prescribe and
upon the recommendation of the governor of any State, the
Commonwealth of Puerto Rico, Guam, and the Virgin Islands or of
the commanding general of the [National Guard of the District
of Columbia] Capital National Guard, the Secretary of the Army
may authorize a limited number of members of its Army National
Guard to--
(1) attend any service school except the United
States Military Academy, and to pursue a regular course
of study at the school; or
(2) be attached to an organization of the branch of
the Army corresponding to the organization of the Army
National Guard to which the member belongs, for routine
practical instruction at or near an Army post during
field training or other outdoor exercise.
Similarly, the Secretary of the Air Force may authorize a
limited number of members of the Air National Guard to--
(1) attend any service school except the United
States Air Force Academy, and to pursue a regular
course of study at the school; or
(2) be attached to an organization of the Air Force
corresponding to the organization of the Air National
Guard to which the member belongs, for routine
practical instruction at an air base during field
training or other outdoor exercise.
* * * * * * *
Sec. 509. National Guard Youth Challenge Program of opportunities for
civilian youth
(a) Program Authority and Purpose.--The Secretary of Defense
may use the National Guard to conduct a civilian youth
opportunities program, to be known as the ``National Guard
Youth Challenge Program'', which shall consist of at least a
22-week residential program and a 12-month post-residential
mentoring period. The Program shall seek to improve life skills
and employment potential of participants by providing military-
based training and supervised work experience, together with
the core program components of assisting participants to
receive a high school diploma or its equivalent, leadership
development, promoting fellowship and community service,
developing life coping skills and job skills, and improving
physical fitness and health and hygiene.
(b) Conduct of the Program.--(1) The Secretary of Defense
shall provide for the conduct of the Program in such States as
the Secretary considers to be appropriate.
(2) The Secretary shall carry out the Program using--
(A) funds appropriated directly to the Secretary of
Defense for the Program, except that the amount of
funds appropriated directly to the Secretary and
expended for the Program in fiscal year 2001 or 2002
may not exceed $62,500,000; and
(B) nondefense funds made available or transferred to
the Secretary of Defense by other Federal agencies to
support the Program.
(3) Federal funds made available or transferred to the
Secretary of Defense under paragraph (2)(B) by other Federal
agencies to support the Program may be expended for the Program
in excess of the fiscal year limitation specified in paragraph
(2)(A).
(4) The Secretary of Defense shall remain the executive agent
to carry out the Program regardless of the source of funds for
the Program or any transfer of jurisdiction over the Program
within the executive branch. As provided in subsection (a), the
Secretary may use the National Guard to conduct the Program.
(c) Program Agreements.--(1) To carry out the Program in a
State, the Secretary of Defense shall enter into an agreement
with the Governor of the State or, in the case of the [District
of Columbia] Capital, with the commanding general of the
[District of Columbia] Capital National Guard, under which the
Governor or the commanding general will establish, organize,
and administer the Program in the State.
(2) The agreement may provide for the Secretary to provide
funds to the State for civilian personnel costs attributable to
the use of civilian employees of the National Guard in the
conduct of the Program.
(d) Matching Funds Required.--(1) The amount of assistance
provided by the Secretary of Defense to a State program of the
Program for a fiscal year under this section may not exceed 75
percent of the costs of operating the State program during that
fiscal year.
(2) The limitation in paragraph (1) may not be construed as a
limitation on the amount of assistance that may be provided to
a State program of the Program for a fiscal year from sources
other than the Department of Defense.
(e) Persons Eligible To Participate in Program.--A school
dropout from secondary school shall be eligible to participate
in the Program. The Secretary of Defense shall prescribe the
standards and procedures for selecting participants from among
school dropouts.
(f) Authorized Benefits for Participants.--(1) To the extent
provided in an agreement entered into in accordance with
subsection (c) and subject to the approval of the Secretary of
Defense, a person selected for training in the Program may
receive the following benefits in connection with that
training:
(A) Allowances for travel expenses, personal
expenses, and other expenses.
(B) Quarters.
(C) Subsistence.
(D) Transportation.
(E) Equipment.
(F) Clothing.
(G) Recreational services and supplies.
(H) Other services.
(I) Subject to paragraph (2), a temporary stipend
upon the successful completion of the training, as
characterized in accordance with procedures provided in
the agreement.
(2) In the case of a person selected for training in the
Program who afterwards becomes a member of the Civilian
Community Corps under subtitle E of title I of the National and
Community Service Act of 1990 (42 U.S.C. 12611 et seq.), the
person may not receive a temporary stipend under paragraph
(1)(I) while the person is a member of that Corps. The person
may receive the temporary stipend after completing service in
the Corps unless the person elects to receive benefits provided
under subsection (f) or (g) of section 158 of such Act (42
U.S.C. 12618).
(g) Program Personnel.--(1) Personnel of the National Guard
of a State in which the Program is conducted may serve on full-
time National Guard duty for the purpose of providing command,
administrative, training, or supporting services for the
Program. For the performance of those services, any such
personnel may be ordered to duty under section 502(f) of this
title for not longer than the period of the Program.
(2) A Governor participating in the Program and the
commanding general of the [District of Columbia] Capital
National Guard (if the [District of Columbia] Capital National
Guard is participating in the Program) may procure by contract
the temporary full time services of such civilian personnel as
may be necessary to augment National Guard personnel in
carrying out the Program in that State.
(3) Civilian employees of the National Guard performing
services for the Program and contractor personnel performing
such services may be required, when appropriate to achieve the
purposes of the Program, to be members of the National Guard
and to wear the military uniform.
(h) Equipment and Facilities.--(1) Equipment and facilities
of the National Guard, including military property of the
United States issued to the National Guard, may be used in
carrying out the Program.
(2) Equipment and facilities of the Department of Defense may
be used by the National Guard for purposes of carrying out the
Program.
(3) Activities under the Program shall be considered
noncombat activities of the National Guard for purposes of
section 710 of this title.
(i) Status of Participants.--(1) A person receiving training
under the Program shall be considered an employee of the United
States for the purposes of the following provisions of law:
(A) Subchapter I of chapter 81 of title 5 (relating
to compensation of Federal employees for work
injuries).
(B) Section 1346(b) and chapter 171 of title 28 and
any other provision of law relating to the liability of
the United States for tortious conduct of employees of
the United States.
(2) In the application of the provisions of law referred to
in paragraph (1)(A) to a person referred to in paragraph (1)--
(A) the person shall not be considered to be in the
performance of duty while the person is not at the
assigned location of training or other activity or duty
authorized in accordance with a Program agreement
referred to in subsection (c), except when the person
is traveling to or from that location or is on pass
from that training or other activity or duty;
(B) the person's monthly rate of pay shall be deemed
to be the minimum rate of pay provided for grade GS-2
of the General Schedule under section 5332 of title 5;
and
(C) the entitlement of a person to receive
compensation for a disability shall begin on the day
following the date on which the person's participation
in the Program is terminated.
(3) A person referred to in paragraph (1) may not be
considered an employee of the United States for any purpose
other than a purpose set forth in that paragraph.
(j) Supplemental Resources.--To carry out the Program in a
State, the Governor of the State or, in the case of the
[District of Columbia] Capital, the commanding general of the
[District of Columbia] Capital National Guard may supplement
funds made available under the Program out of other resources
(including gifts) available to the Governor or the commanding
general. The Governor or the commanding general may accept,
use, and dispose of gifts or donations of money, other
property, or services for the Program.
(k) Report.--Within 90 days after the end of each fiscal
year, the Secretary of Defense shall submit to Congress a
report on the design, conduct, and effectiveness of the Program
during the preceding fiscal year. In preparing the report, the
Secretary shall coordinate with the Governor of each State in
which the Program is carried out and, if the Program is carried
out in the [District of Columbia] Capital, with the commanding
general of the [District of Columbia] Capital National Guard.
(l) Definitions.--In this section:
(1) The term ``State'' includes the Commonwealth of
Puerto Rico, the territories, and the [District of
Columbia] Capital.
(2) The term ``school dropout'' means an individual
who is no longer attending any school and who has not
received a secondary school diploma or a certificate
from a program of equivalency for such a diploma.
(3) The term ``Program'' means the National Guard
Youth Challenge Program carried out pursuant to this
section.
(m) Regulations.--The Secretary of Defense shall prescribe
regulations to carry out the Program. The regulations shall
address at a minimum the following:
(1) The terms to be included in the Program
agreements required by subsection (c).
(2) The qualifications for persons to participate in
the Program, as required by subsection (e).
(3) The benefits authorized for Program participants,
as required by subsection (f).
(4) The status of National Guard personnel assigned
to duty in support of the Program under subsection (g).
(5) The conditions for the use of National Guard
facilities and equipment to carry out the Program, as
required by subsection (h).
(6) The status of Program participants, as described
in subsection (i).
(7) The procedures to be used by the Secretary when
communicating with States about the Program.
* * * * * * *
CHAPTER 7--SERVICE, SUPPLY, AND PROCUREMENT
* * * * * * *
Sec. 702. Issue of supplies
(a) Under such regulations as the President may prescribe,
the Secretary of the Army and the Secretary of the Air Force
may buy or manufacture and, upon requisition of the governor of
any State, the Commonwealth of Puerto Rico, Guam, and the
Virgin Islands or the commanding general of the [National Guard
of the District of Columbia] Capital National Guard, issue to
its Army National Guard and Air National Guard, respectively,
the supplies necessary to uniform, arm, and equip that Army
National Guard or Air National Guard for field duty.
(b) Whenever the Secretary concerned is satisfied that the
Army National Guard or the Air National Guard, as the case may
be, of any State or Territory, Puerto Rico, or the [District of
Columbia] Capital is properly organized, armed, and equipped
for field duty, funds allotted to that jurisdiction for its
Army National Guard or Air National Guard may be used to buy
any article issued by the Army or the Air Force, as the case
may be.
(c) Under such regulations as the President may prescribe,
the issue of new types of equipment, small arms, or field guns
to the National Guard of any State or Territory, Puerto Rico,
or the [District of Columbia] Capital shall be without charge
against appropriations for the National Guard.
(d) No property may be issued to the National Guard of a
State or Territory, Puerto Rico, or the [District of Columbia]
Capital, unless that jurisdiction makes provision, satisfactory
to the Secretary concerned, for its protection and care.
Sec. 703. Purchases of supplies by States from Army or Air Force
(a) Subject to the approval of the Secretary of the Army, any
State, the Commonwealth of Puerto Rico, the [District of
Columbia] Capital, Guam, or the Virgin Islands may buy from the
Department of the Army, for its National Guard or the officers
thereof, supplies and military publications furnished to the
Army, in addition to other supplies issued to its Army National
Guard. On the same basis, it may buy similar property from the
Department of the Air Force. A purchase under this subsection
shall be for cash, at cost plus transportation.
(b) In time of actual or threatened war, the United States
may requisition for military use any property bought under
subsection (a). Credit for the return in kind of property so
requisitioned shall be given to the State, the Commonwealth of
Puerto Rico, the [District of Columbia] Capital, Guam, or the
Virgin Islands from which it is received.
(c) Proceeds of sales by the Department of the Army and the
Department of the Air Force under this section shall be
credited to the appropriations from which the property was
purchased, shall not be covered into the Treasury, and may be
used to replace property sold under this section.
Sec. 704. Accountability: relief from upon order to active duty
Upon ordering any part of the Army National Guard of the
United States or the Air National Guard of the United States to
active duty, the President may, upon such terms as he may
prescribe, relieve the State, the Commonwealth of Puerto Rico,
the [District of Columbia] Capital, Guam, or the Virgin
Islands, whichever is concerned, of accountability for property
of the United States previously issued to it for the use of
that part.
* * * * * * *
Sec. 708. Property and fiscal officers
(a) The Governor of each State, the Commonwealth of Puerto
Rico, Guam, and the Virgin Islands, and the commanding general
of the [National Guard of the District of Columbia] Capital
National Guard, shall, in consultation with the Chief of the
National Guard Bureau, appoint, designate or detail, subject to
the approval of the Secretary of the Army and the Secretary of
the Air Force, a qualified commissioned officer of the National
Guard of that jurisdiction who is also a commissioned officer
of the Army National Guard of the United States or the Air
National Guard of the United States, as the case may be, to be
the property and fiscal officer of that jurisdiction. If the
officer is not on active duty, the President may order him to
active duty, with his consent, to serve as a property and
fiscal officer.
(b) Each property and fiscal officer shall--
(1) receipt and account for all funds and property of
the United States in the possession of the National
Guard for which he is property and fiscal officer; and
(2) make returns and reports concerning those funds
and that property, as required by the Secretary
concerned.
(c) When he ceases to hold that assignment, a property and
fiscal officer resumes his status as an officer of the National
Guard.
(d) The Secretaries shall prescribe a maximum grade,
commensurate with the functions and responsibilities of the
office, but not above colonel, for the property and fiscal
officer of the United States for the National Guard of each
State, the Commonwealth of Puerto Rico, the [District of
Columbia] Capital, Guam, and the Virgin Islands.
(e) The Secretary of the Army and the Secretary of the Air
Force shall prescribe joint regulations necessary to carry out
subsections (a)-(d).
(f) A property and fiscal officer may intrust money to an
officer of the National Guard to make disbursements as his
agent. Both the officer to whom money is intrusted, and the
property and disbursing officer intrusting the money to him,
are pecuniarily responsible for that money to the United
States. The agent officer is subject, for misconduct as an
agent, to the liabilities and penalties prescribed by law in
like cases for the property and fiscal officer for whom he is
acting.
* * * * * * *
Sec. 710. Accountability for property issued to the National Guard
(a) All military property issued by the United States to the
National Guard remains the property of the United States.
(b) The Secretary of the Army shall prescribe regulations for
accounting for property issued by the United States to the Army
National Guard and for the fixing of responsibility for that
property. The Secretary of the Air Force shall prescribe
regulations for accounting for property issued by the United
States to the Air National Guard and for the fixing of
responsibility for that property. So far as practicable,
regulations prescribed under this section shall be uniform
among the components of each service.
(c) Under regulations prescribed by the Secretary concerned
under subsection (b), liability for the value of property
issued by the United States to the National Guard that is lost,
damaged, or destroyed may be charged (1) to a member of the
Army National Guard or the Air National Guard when in similar
circumstances a member of the Army or Air Force serving on
active duty would be so charged, or (2) to a State, the
Commonwealth of Puerto Rico, the [District of Columbia]
Capital, Guam, or the Virgin Islands when the property is lost,
damaged, or destroyed incident to duty directed pursuant to the
laws of, and in support of the authorities of, such
jurisdiction. Liability charged to a member of the Army
National Guard or the Air National Guard shall be paid out of
pay due to the member for duties performed as a member of the
National Guard, unless the Secretary concerned shall for good
cause remit or cancel that liability. Liability charged to a
State, the Commonwealth of Puerto Rico, the [District of
Columbia] Capital, Guam, or the Virgin Islands shall be paid
from its funds or from any other non-Federal funds.
(d) If property surveyed under this section is found to be
unserviceable or unsuitable, the Secretary concerned or his
designated representative shall direct its disposition by sale
or otherwise. The proceeds of the following under this
subsection shall be deposited in the Treasury under section
4(b)(22) of the Permanent Appropriation Repeal Act, 1934:
(1) A sale.
(2) A stoppage against a member of the National
Guard.
(3) A collection from a person, or from a State, the
Commonwealth of Puerto Rico, the [District of Columbia]
Capital, Guam, or the Virgin Islands, to reimburse the
United States for the loss or destruction of, or damage
to, the property.
(e) If a State, the Commonwealth of Puerto Rico, the
[District of Columbia] Capital, Guam, or the Virgin Islands,
whichever is concerned, neglects or refuses to pay for the loss
or destruction of, or damage to, property charged against it
under subsection (c), the Secretary concerned may bar it from
receiving any part of appropriations for the Army National
Guard or the Air National Guard, as the case may be, until the
payment is made.
(f)(1) Instead of the procedure prescribed by subsections
(b), (c), and (d), property issued to the National Guard that
becomes unserviceable through fair wear and tear in service
may, under regulations to be prescribed by the Secretary
concerned, be sold or otherwise disposed of after an
inspection, and a finding of unserviceability because of that
wear and tear, by a commissioned officer designated by the
Secretary. The State, the Commonwealth of Puerto Rico, the
[District of Columbia] Capital, Guam, or the Virgin Islands,
whichever is concerned, is relieved of accountability for that
property.
(2) In designating an officer to conduct inspections and make
findings for purposes of paragraph (1), the Secretary concerned
shall designate--
(A) in the case of the Army National Guard, a
commissioned officer of the Regular Army or a
commissioned officer of the Army National Guard who is
also a commissioned officer of the Army National Guard
of the United States; and
(B) in the case of the Air National Guard, a
commissioned officer of the Regular Air Force or a
commissioned officer of the Air National Guard who is
also a commissioned officer of the Air National Guard
of the United States.
Sec. 711. Disposition of obsolete or condemned property
Each State, the Commonwealth of Puerto Rico, the [District of
Columbia] Capital, Guam, and the Virgin Islands shall, upon
receiving new property issued to its National Guard to replace
obsolete or condemned issues of property, return the replaced
property to the Department of the Army or the Department of the
Air Force, as the case may be, or otherwise dispose of it, as
the Secretary concerned directs. No money credit may be allowed
for property disposed of under this section.
Sec. 712. Disposition of proceeds of condemned stores issued to
National Guard
The following shall be covered into the Treasury:
(1) The proceeds from sales of condemned stores
issued to the National Guard of a State, the
Commonwealth of Puerto Rico, the [District of Columbia]
Capital, Guam, or the Virgin Islands, and not charged
against its allotment.
(2) The net proceeds from collections made from any
person to reimburse the United States for the loss or
destruction of, or damage to, property described in
clause (1).
(3) Stoppage against members of the National Guard
for the loss or destruction of, or damage to, property
described in clause (1).
* * * * * * *
Sec. 715. Property loss; personal injury or death: activities under
certain sections of this title
(a) Under such regulations as the Secretary of the Army or
Secretary of the Air Force may prescribe, he or, subject to
appeal to him, the Judge Advocate General of the armed force
under his jurisdiction, if designated by him, may settle and
pay in an amount not more than $100,000 a claim against the
United States for--
(1) damage to, or loss of, real property, including
damage or loss incident to use and occupancy;
(2) damage to, or loss of, personal property,
including property bailed to the United States or the
National Guard and including registered or insured mail
damaged, lost, or destroyed by a criminal act while in
the possession of the National Guard; or
(3) personal injury or death; either caused by a
member of the Army National Guard or the Air National
Guard, as the case may be, while engaged in training or
duty under section 316, 502, 503, 504, or 505 of this
title or any other provision of law for which he is
entitled to pay under section 206 of title 37, or for
which he has waived that pay, and acting within the
scope of his employment; or otherwise incident to
noncombat activities of the Army National Guard or the
Air National Guard, as the case may be, under one of
those sections.
(b) A claim may be allowed under subsection (a) only if--
(1) it is presented in writing within two years after
it accrues, except that if the claim accrues in time of
war or armed conflict or if such a war or armed
conflict intervenes within two years after it accrues,
and if good cause is shown, the claim may be presented
not later than two years after the war or armed
conflict is terminated;
(2) it is not covered by section 2734 of title 10 or
section 2672 of title 28;
(3) it is not for personal injury or death of such a
member or a person employed under section 709 of this
title, whose injury or death is incident to his
service;
(4) the damage to, or loss of, property, or the
personal injury or death, was not caused wholly or
partly by a negligent or wrongful act of the claimant,
his agent, or his employee, or, if so caused, allowed
only to the extent that the law of the place where the
act or omission complained of occurred would permit
recovery from a private individual under like
circumstances; and
(5) it is substantiated as prescribed in regulations
of the Secretary concerned.
For the purposes of clause (1), the dates of the beginning and
end of an armed conflict are the dates established by
concurrent resolution of Congress or by a determination of the
President.
(c) Payment may not be made under this section for
reimbursement for medical, hospital, or burial services
furnished at the expense of the United States or of any State
or the [District of Columbia] Capital or Puerto Rico.
(d) If the Secretary concerned considers that a claim in
excess of $100,000 is meritorious, and the claim otherwise is
payable under this section, the Secretary may pay the claimant
$100,000 and report any meritorious amount in excess of
$100,000 to the Secretary of the Treasury for payment under
section 1304 of title 31.
(e) Except as provided in subsection (d), no claim may be
paid under this section unless the amount tendered is accepted
by the claimant in full satisfaction.
(f) Under regulations prescribed by the Secretary concerned,
an officer or employee under the jurisdiction of the Secretary
may settle a claim that otherwise would be payable under this
section in an amount not to exceed $25,000. A decision of the
officer or employee who makes a final settlement decision under
this section may be appealed by the claimant to the Secretary
concerned or an officer or employee designated by the Secretary
for that purpose.
(g) Notwithstanding any other provision of law, the
settlement of a claim under this section is final and
conclusive.
(h) In this section, ``settle'' means consider, ascertain,
adjust, determine, and dispose of a claim, whether by full or
partial allowance or disallowance.
* * * * * * *
CHAPTER 9--HOMELAND DEFENSE ACTIVITIES
* * * * * * *
Sec. 901. Definitions
In this chapter:
(1) The term ``homeland defense activity'' means an
activity undertaken for the military protection of the
territory or domestic population of the United States,
or of infrastructure or other assets of the United
States determined by the Secretary of Defense as being
critical to national security, from a threat or
aggression against the United States.
(2) The term ``State'' means each of the several
States, the [District of Columbia] Capital, the
Commonwealth of Puerto Rico, or a territory or
possession of the United States.
(3) The term ``Governor'' means, with respect to the
Capital, the commanding general of the Capital National
Guard.
* * * * * * *
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TITLE 10, UNITED STATES CODE
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SUBTITLE A--GENERAL MILITARY LAW
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PART I--ORGANIZATION AND GENERAL MILITARY POWERS
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CHAPTER 1--DEFINITIONS
Sec. 101. Definitions
(a) In General.--The following definitions apply in this
title:
(1) The term ``United States'', in a geographic
sense, means the States and the District of Columbia.
(3) The term ``possessions'' includes the Virgin
Islands, Guam, American Samoa, and the Guano Islands,
so long as they remain possessions, but does not
include any Commonwealth.
(4) The term ``armed forces'' means the Army, Navy,
Air Force, Marine Corps, Space Force, and Coast Guard.
(5) The term ``uniformed services'' means--
(A) the armed forces;
(B) the commissioned corps of the National
Oceanic and Atmospheric Administration; and
(C) the commissioned corps of the Public
Health Service.
(6) The term ``department'', when used with respect
to a military department, means the executive part of
the department and all field headquarters, forces,
reserve components, installations, activities, and
functions under the control or supervision of the
Secretary of the department. When used with respect to
the Department of Defense, such term means the
executive part of the department, including the
executive parts of the military departments, and all
field headquarters, forces, reserve components,
installations, activities, and functions under the
control or supervision of the Secretary of Defense,
including those of the military departments.
(7) The term ``executive part of the department''
means the executive part of the Department of Defense,
Department of the Army, Department of the Navy, or
Department of the Air Force, as the case may be, at the
seat of government.
(8) The term ``military departments'' means the
Department of the Army, the Department of the Navy, and
the Department of the Air Force.
(9) The term ``Secretary concerned'' means--
(A) the Secretary of the Army, with respect
to matters concerning the Army;
(B) the Secretary of the Navy, with respect
to matters concerning the Navy, the Marine
Corps, and the Coast Guard when it is operating
as a service in the Department of the Navy;
(C) the Secretary of the Air Force, with
respect to matters concerning the Air Force and
the Space Force; and
(D) the Secretary of Homeland Security, with
respect to matters concerning the Coast Guard
when it is not operating as a service in the
Department of the Navy.
(10) The term ``service acquisition executive'' means
the civilian official within a military department who
is designated as the service acquisition executive for
purposes of regulations and procedures providing for a
service acquisition executive for that military
department.
(11) The term ``Defense Agency'' means an
organizational entity of the Department of Defense--
(A) that is established by the Secretary of
Defense under section 191 of this title (or
under the second sentence of section 125(d) of
this title (as in effect before October 1,
1986)) to perform a supply or service activity
common to more than one military department
(other than such an entity that is designated
by the Secretary as a Department of Defense
Field Activity); or
(B) that is designated by the Secretary of
Defense as a Defense Agency.
(12) The term ``Department of Defense Field
Activity'' means an organizational entity of the
Department of Defense--
(A) that is established by the Secretary of
Defense under section 191 of this title (or
under the second sentence of section 125(d) of
this title (as in effect before October 1,
1986)) to perform a supply or service activity
common to more than one military department;
and
(B) that is designated by the Secretary of
Defense as a Department of Defense Field
Activity.
(13) The term ``contingency operation'' means a
military operation that--
(A) is designated by the Secretary of Defense
as an operation in which members of the armed
forces are or may become involved in military
actions, operations, or hostilities against an
enemy of the United States or against an
opposing military force; or
(B) results in the call or order to, or
retention on, active duty of members of the
uniformed services under section 688, 12301(a),
12302, 12304, 12304a, 12305, or 12406 of this
title, chapter 13 of this title, section 712 of
title 14, or any other provision of law during
a war or during a national emergency declared
by the President or Congress.
(14) The term ``supplies'' includes material,
equipment, and stores of all kinds.
(15) The term ``pay'' includes basic pay, special
pay, retainer pay, incentive pay, retired pay, and
equivalent pay, but does not include allowances.
(16) The term ``congressional defense committees''
means--
(A) the Committee on Armed Services and the
Committee on Appropriations of the Senate; and
(B) the Committee on Armed Services and the
Committee on Appropriations of the House of
Representatives.
(17) The term ``base closure law'' means the
following:
(A) Section 2687 of this title.
(B) The Defense Base Closure and Realignment
Act of 1990 (part A of title XXIX of Public Law
101-510; 10 U.S.C. 2687 note).
(C) Title II of the Defense Authorization
Amendments and Base Closure and Realignment Act
(Public Law 100-526; 10 U.S.C. 2687 note).
(18) The term ``acquisition workforce'' means the
persons serving in acquisition positions within the
Department of Defense, as designated pursuant to
section 1721(a) of this title.
(19) The term ``Capital'' means the area serving as
the seat of the Government of the United States, as
described in section 112 of the Washington, D.C.
Admission Act.
(b) Personnel Generally.--The following definitions relating
to military personnel apply in this title:
(1) The term ``officer'' means a commissioned or
warrant officer.
(2) The term ``commissioned officer'' includes a
commissioned warrant officer.
(3) The term ``warrant officer'' means a person who
holds a commission or warrant in a warrant officer
grade.
(4) The term ``general officer'' means an officer of
the Army, Air Force, or Marine Corps serving in or
having the grade of general, lieutenant general, major
general, or brigadier general.
(5) The term ``flag officer'' means an officer of the
Navy or Coast Guard serving in or having the grade of
admiral, vice admiral, rear admiral, or rear admiral
(lower half).
(6) The term ``enlisted member'' means a person in an
enlisted grade.
(7) The term ``grade'' means a step or degree, in a
graduated scale of office or military rank, that is
established and designated as a grade by law or
regulation.
(8) The term ``rank'' means the order of precedence
among members of the armed forces.
(9) The term ``rating'' means the name (such as
``boatswain's mate'') prescribed for members of an
armed force in an occupational field. The term ``rate''
means the name (such as ``chief boatswain's mate'')
prescribed for members in the same rating or other
category who are in the same grade (such as chief petty
officer or seaman apprentice).
(10) The term ``original'', with respect to the
appointment of a member of the armed forces in a
regular or reserve component, refers to that member's
most recent appointment in that component that is
neither a promotion nor a demotion.
(11) The term ``authorized strength'' means the
largest number of members authorized to be in an armed
force, a component, a branch, a grade, or any other
category of the armed forces.
(12) The term ``regular'', with respect to an
enlistment, appointment, grade, or office, means
enlistment, appointment, grade, or office in a regular
component of an armed force.
(13) The term ``active-duty list'' means a single
list for the Army, Navy, Air Force, or Marine Corps
(required to be maintained under section 620 of this
title) which contains the names of all officers of that
armed force, other than officers described in section
641 of this title, who are serving on active duty.
(14) The term ``medical officer'' means an officer of
the Medical Corps of the Army, an officer of the
Medical Corps of the Navy, or an officer in the Air
Force designated as a medical officer.
(15) The term ``dental officer'' means an officer of
the Dental Corps of the Army, an officer of the Dental
Corps of the Navy, or an officer of the Air Force
designated as a dental officer.
(16) The term ``Active Guard and Reserve'' means a
member of a reserve component who is on active duty
pursuant to section 12301(d) of this title or, if a
member of the Army National Guard or Air National
Guard, is on full-time National Guard duty pursuant to
section 502(f) of title 32, and who is performing
Active Guard and Reserve duty.
(c) Reserve Components.--The following definitions relating
to the reserve components apply in this title:
(1) The term ``National Guard'' means the Army
National Guard and the Air National Guard.
(2) The term ``Army National Guard'' means that part
of the organized militia of the several States and
Territories, Puerto Rico, and the [District of
Columbia] Capital, active and inactive, that--
(A) is a land force;
(B) is trained, and has its officers
appointed, under the sixteenth clause of
section 8, article I, of the Constitution;
(C) is organized, armed, and equipped wholly
or partly at Federal expense; and
(D) is federally recognized.
(3) The term ``Army National Guard of the United
States'' means the reserve component of the Army all of
whose members are members of the Army National Guard.
(4) The term ``Air National Guard'' means that part
of the organized militia of the several States and
Territories, Puerto Rico, and the [District of
Columbia] Capital, active and inactive, that--
(A) is an air force;
(B) is trained, and has its officers
appointed, under the sixteenth clause of
section 8, article I, of the Constitution;
(C) is organized, armed, and equipped wholly
or partly at Federal expense; and
(D) is federally recognized.
(5) The term ``Air National Guard of the United
States'' means the reserve component of the Air Force
all of whose members are members of the Air National
Guard.
(6) The term ``reserve'', with respect to an
enlistment, appointment, grade, or office, means
enlistment, appointment, grade, or office held as a
Reserve of one of the armed forces.
(7) The term ``reserve active-status list'' means a
single list for the Army, Navy, Air Force, or Marine
Corps (required to be maintained under section 14002 of
this title) that contains the names of all officers of
that armed force except warrant officers (including
commissioned warrant officers) who are in an active
status in a reserve component of the Army, Navy, Air
Force, or Marine Corps and are not on an active-duty
list.
(d) Duty Status.--The following definitions relating to duty
status apply in this title:
(1) The term ``active duty'' means full-time duty in
the active military service of the United States. Such
term includes full-time training duty, annual training
duty, and attendance, while in the active military
service, at a school designated as a service school by
law or by the Secretary of the military department
concerned. Such term does not include full-time
National Guard duty.
(2) The term ``active duty for a period of more than
30 days'' means active duty under a call or order that
does not specify a period of 30 days or less.
(3) The term ``active service'' means service on
active duty or full-time National Guard duty.
(4) The term ``active status'' means the status of a
member of a reserve component who is not in the
inactive Army National Guard or inactive Air National
Guard, on an inactive status list, or in the Retired
Reserve.
(5) The term ``full-time National Guard duty'' means
training or other duty, other than inactive duty,
performed by a member of the Army National Guard of the
United States or the Air National Guard of the United
States in the member's status as a member of the
National Guard of a State or territory, the
Commonwealth of Puerto Rico, or the [District of
Columbia] Capital under section 316, 502, 503, 504, or
505 of title 32 for which the member is entitled to pay
from the United States or for which the member has
waived pay from the United States.
(6)(A) The term ``active Guard and Reserve duty''
means active duty performed by a member of a reserve
component of the Army, Navy, Air Force, or Marine
Corps, or full-time National Guard duty performed by a
member of the National Guard pursuant to an order to
full-time National Guard duty, for a period of 180
consecutive days or more for the purpose of organizing,
administering, recruiting, instructing, or training the
reserve components.
(B) Such term does not include the following:
(i) Duty performed as a member of the Reserve
Forces Policy Board provided for under section
10301 of this title.
(ii) Duty performed as a property and fiscal
officer under section 708 of title 32.
(iii) Duty performed for the purpose of
interdiction and counter-drug activities for
which funds have been provided under section
112 of title 32.
(iv) Duty performed as a general or flag
officer.
(v) Service as a State director of the
Selective Service System under section 10(b)(2)
of the Military Selective Service Act (50
U.S.C. 3809(b)(2)).
(7) The term ``inactive-duty training'' means--
(A) duty prescribed for Reserves by the
Secretary concerned under section 206 of title
37 or any other provision of law; and
(B) special additional duties authorized for
Reserves by an authority designated by the
Secretary concerned and performed by them on a
voluntary basis in connection with the
prescribed training or maintenance activities
of the units to which they are assigned.
Such term includes those duties when performed by
Reserves in their status as members of the National
Guard.
(e) Facilities and Operations.--The following definitions
relating to facilities and operations apply in this title:
(1) Range.--The term ``range'', when used in a
geographic sense, means a designated land or water area
that is set aside, managed, and used for range
activities of the Department of Defense. Such term
includes the following:
(A) Firing lines and positions, maneuver
areas, firing lanes, test pads, detonation
pads, impact areas, electronic scoring sites,
buffer zones with restricted access, and
exclusionary areas.
(B) Airspace areas designated for military
use in accordance with regulations and
procedures prescribed by the Administrator of
the Federal Aviation Administration.
(2) Range activities.--The term ``range activities''
means--
(A) research, development, testing, and
evaluation of military munitions, other
ordnance, and weapons systems; and
(B) the training of members of the armed
forces in the use and handling of military
munitions, other ordnance, and weapons systems.
(3) Operational range.--The term ``operational
range'' means a range that is under the jurisdiction,
custody, or control of the Secretary of a military
department and--
(A) that is used for range activities, or
(B) although not currently being used for
range activities, that is still considered by
the Secretary to be a range and has not been
put to a new use that is incompatible with
range activities.
(4) Military munitions.--(A) The term ``military
munitions'' means all ammunition products and
components produced for or used by the armed forces for
national defense and security, including ammunition
products or components under the control of the
Department of Defense, the Coast Guard, the Department
of Energy, and the National Guard.
(B) Such term includes the following:
(i) Confined gaseous, liquid, and solid
propellants.
(ii) Explosives, pyrotechnics, chemical and
riot control agents, smokes, and incendiaries,
including bulk explosives and chemical warfare
agents.
(iii) Chemical munitions, rockets, guided and
ballistic missiles, bombs, warheads, mortar
rounds, artillery ammunition, small arms
ammunition, grenades, mines, torpedoes, depth
charges, cluster munitions and dispensers, and
demolition charges.
(iv) Devices and components of any item
specified in clauses (i) through (iii).
(C) Such term does not include the following:
(i) Wholly inert items.
(ii) Improvised explosive devices.
(iii) Nuclear weapons, nuclear devices, and
nuclear components, other than nonnuclear
components of nuclear devices that are managed
under the nuclear weapons program of the
Department of Energy after all required
sanitization operations under the Atomic Energy
Act of 1954 (42 U.S.C. 2011 et seq.) have been
completed.
(5) Unexploded ordnance.--The term ``unexploded
ordnance'' means military munitions that--
(A) have been primed, fused, armed, or
otherwise prepared for action;
(B) have been fired, dropped, launched,
projected, or placed in such a manner as to
constitute a hazard to operations,
installations, personnel, or material; and
(C) remain unexploded, whether by
malfunction, design, or any other cause.
(6) Energy resilience.--The term ``energy
resilience'' means the ability to avoid, prepare for,
minimize, adapt to, and recover from anticipated and
unanticipated energy disruptions in order to ensure
energy availability and reliability sufficient to
provide for mission assurance and readiness, including
mission essential operations related to readiness, and
to execute or rapidly reestablish mission essential
requirements.
(7) Energy security.--The term ``energy security''
means having assured access to reliable supplies of
energy and the ability to protect and deliver
sufficient energy to meet mission essential
requirements.
(8) Military installation resilience.--The term
``military installation resilience'' means the
capability of a military installation to avoid, prepare
for, minimize the effect of, adapt to, and recover from
extreme weather events, or from anticipated or
unanticipated changes in environmental conditions, that
do, or have the potential to, adversely affect the
military installation or essential transportation,
logistical, or other necessary resources outside of the
military installation that are necessary in order to
maintain, improve, or rapidly reestablish installation
mission assurance and mission-essential functions.
(f) Rules of Construction.--In this title--
(1) ``shall'' is used in an imperative sense;
(2) ``may'' is used in a permissive sense;
(3) ``no person may * * *'' means that no person is
required, authorized, or permitted to do the act
prescribed;
(4) ``includes'' means ``includes but is not limited
to''; and
(5) ``spouse'' means husband or wife, as the case may
be.
(g) Reference to Title 1 Definitions.--For other definitions
applicable to this title, see sections 1 through 5 of title 1.
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PART II--PERSONNEL
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CHAPTER 45--THE UNIFORM
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Sec. 771a. Disposition on discharge
(a) Except as provided in subsections (b) and (c), when an
enlisted member of an armed force is discharged, the exterior
articles of uniform in his possession that were issued to him,
other than those that he may wear from the place of discharge
to his home under section 772(d) of this title, shall be
retained for military use.
(b) When an enlisted member of an armed force is discharged
for bad conduct, undesirability, unsuitability, inaptitude, or
otherwise than honorably--
(1) the exterior articles of uniform in his
possession shall be retained for military use;
(2) under such regulations as the Secretary concerned
prescribes, a suit of civilian clothing and an overcoat
when necessary, both to cost not more than $30, may be
issued to him; and
(3) if he would be otherwise without funds to meet
his immediate needs, he may be paid an amount, fixed by
the Secretary concerned, of not more than $25.
(c) When an enlisted member of the Army National Guard or the
Air National Guard who has been called into Federal service is
released from that service, the exterior articles of uniform in
his possession shall be accounted for as property issued to the
Army National Guard or the Air National Guard, as the case may
be, of the State or territory, Puerto Rico, or the [District of
Columbia] Capital of whose Army National Guard or Air National
Guard he is a member, as prescribed in section 708 of title 32.
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CHAPTER 55--MEDICAL AND DENTAL CARE
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Sec. 1076f. TRICARE program: extension of coverage for certain members
of the National Guard and dependents during certain
disaster response duty
(a) Extended Coverage.--During a period in which a member of
the National Guard is performing disaster response duty, the
member may be treated as being on active duty for a period of
more than 30 days for purposes of the eligibility of the member
and dependents of the member for health care benefits under the
TRICARE program if such period immediately follows a period in
which the member served on full-time National Guard duty under
section 502(f) of title 32, including pursuant to chapter 9 of
such title, unless the Governor of the State (or, [with respect
to the District of Columbia, the mayor of the District of
Columbia] with respect to the Capital, the commanding general
of the Capital National Guard) determines that such extended
eligibility is not in the best interest of the member or the
State.
(b) Contribution by State.--(1) The Secretary shall charge a
State for the costs of providing coverage under the TRICARE
program to members of the National Guard of the State and the
dependents of the members pursuant to subsection (a). Such
charges shall be paid from the funds of the State or from any
other non-Federal funds.
(2) Any amounts received by the Secretary under paragraph (1)
shall be credited to the appropriation available for the
Defense Health Program Account under section 1100 of this
title, shall be merged with sums in such Account that are
available for the fiscal year in which collected, and shall be
available under subsection (b) of such section, including to
carry out subsection (a) of this section.
(c) Definitions.--In this section:
(1) The term ``disaster response duty'' means duty
performed by a member of the National Guard in State
status pursuant to an emergency declaration by the
Governor of the State (or, [with respect to the
District of Columbia, the mayor of the District of
Columbia] with respect to the Capital, the commanding
general of the Capital National Guard) in response to a
disaster or in preparation for an imminent disaster.
(2) The term ``State'' means each of the several
States, the [District of Columbia] Capital, the
Commonwealth of Puerto Rico, and any territory or
possession of the United States.
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PART IV--SERVICE, SUPPLY, AND PROCUREMENT
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CHAPTER 163--MILITARY CLAIMS
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Sec. 2732. Payment of claims: availability of appropriations
Appropriations available to the Department of Defense for
operation and maintenance may be used for payment of claims
authorized by law to be paid by the Department of Defense
(except for civil functions), including--
(1) claims for damages arising under training
contracts with carriers; and
(2) repayment of amounts determined by the Secretary
concerned to have been erroneously collected--
(A) from military and civilian personnel of
the Department of Defense; or
(B) from States or territories or the
[District of Columbia] Capital (or members of
the National Guard units thereof).
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SUBTITLE B--ARMY
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PART III--TRAINING
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CHAPTER 751--TRAINING GENERALLY
Sec. 7401. Members of Army: detail as students, observers, and
investigators at educational institutions,
industrial plants, and hospitals
(a) The Secretary of the Army may detail members of the Army
as students at such technical, professional, and other civilian
educational institutions, or as students, observers, or
investigators at such industrial plants, hospitals, and other
places, as are best suited to enable them to acquire knowledge
or experience in the specialties in which it is considered
necessary that they perfect themselves.
(b) An officer, other than one of the Regular Army on the
active-duty list, who is detailed under subsection (a) shall be
ordered to additional active duty immediately upon termination
of the detail, for a period at least as long as the detail.
However, if the detail is for 90 days or less, the officer may
be ordered to that additional duty only with his consent and in
the discretion of the Secretary.
(c) No Reserve of the Army may be detailed as a student,
observer, or investigator, or ordered to active duty under this
section, without his consent and, if a member of the Army
National Guard of the United States, without the approval of
the governor or other appropriate authority of the State, the
Commonwealth of Puerto Rico, the [District of Columbia]
Capital, Guam, or the Virgin Islands of whose Army National
Guard he is a member.
(d) The Secretary may require, as a condition of a detail
under subsection (a), that an enlisted member accept a
discharge and be reenlisted in his component for at least three
years.
(e) The total length of details of an enlisted member of the
Army under subsection (a) during one enlistment may not exceed
50 percent of that enlistment.
(f) At no time may more than 8 percent of the authorized
strength in commissioned officers, 8 percent of the authorized
strength in warrant officers, or 2 percent of the authorized
strength in enlisted members, of the Regular Army, or more than
8 percent of the actual strength in commissioned officers, 8
percent of the actual strength in warrant officers, or 2
percent of the actual strength in enlisted members, of the
total of reserve components of the Army, be detailed as
students under subsection (a). For the purposes of this
subsection, the actual strength of each category of Reserves
includes both members on active duty and those not on active
duty.
(g) Expenses incident to the detail of members under this
section shall be paid from any funds appropriated for the
Department of the Army.
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SUBTITLE D--AIR FORCE
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PART III--TRAINING
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CHAPTER 951--TRAINING GENERALLY
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Sec. 9401. Members of Air Force: detail as students, observers, and
investigators at educational institutions,
industrial plants, and hospitals
(a) The Secretary of the Air Force may detail members of the
Air Force as students at such technical, professional, and
other civilian educational institutions, or as students,
observers, or investigators at such industrial plants,
hospitals, and other places, as are best suited to enable them
to acquire knowledge or experience in the specialties in which
it is considered necessary that they perfect themselves.
(b) An officer, other than one of the Regular Air Force on
the active-duty list, who is detailed under subsection (a)
shall be ordered to additional active duty immediately upon
termination of the detail, for a period at least as long as the
detail. However, if the detail is for 90 days or less, the
officer may be ordered to that additional duty only with his
consent and in the discretion of the Secretary.
(c) No Reserve of the Air Force may be detailed as a student,
observer, or investigator, or ordered to active duty under this
section, without his consent and, if a member of the Air
National Guard of the United States, without the approval of
the governor or other appropriate authority of the State, the
Commonwealth of Puerto Rico, the [District of Columbia]
Capital, Guam, or the Virgin Islands of whose Air National
Guard he is a member.
(d) The Secretary may require, as a condition of a detail
under subsection (a), that an enlisted member accept a
discharge and be reenlisted in his component for at least three
years.
(e) The total length of details of an enlisted member of the
Air Force under subsection (a) during one enlistment period may
not exceed 50 percent of that enlistment.
(f) At no time may more than 8 percent of the authorized
strength in commissioned officers, 8 percent of the authorized
strength in warrant officers, or 2 percent of the authorized
strength in enlisted members, of the Regular Air Force, or more
than 8 percent of the actual strength in commissioned officers,
8 percent of the actual strength in warrant officers, or 2
percent of the actual strength in enlisted members, of the
total of reserve components of the Air Force, be detailed as
students under subsection (a). For the purposes of this
subsection, the actual strength of each category of Reserves
includes both members on active duty and those not on active
duty.
(g) Expenses incident to the detail of members under this
section shall be paid from any funds appropriated for the
Department of the Air Force.
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SUBTITLE E--RESERVE COMPONENTS
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PART I--ORGANIZATION AND ADMINISTRATION
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CHAPTER 1005--ELEMENTS OF RESERVE COMPONENTS
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Sec. 10148. Ready Reserve: failure to satisfactorily perform prescribed
training
(a) A member of the Ready Reserve covered by section 10147 of
this title who fails in any year to perform satisfactorily the
training duty prescribed in that section, as determined by the
Secretary concerned under regulations prescribed by the
Secretary of Defense, may be ordered without his consent to
perform additional active duty for training for not more than
45 days. If the failure occurs during the last year of his
required membership in the Ready Reserve, his membership is
extended until he performs that additional active duty for
training, but not for more than six months.
(b) A member of the Army National Guard of the United States
or the Air National Guard of the United States who fails in any
year to perform satisfactorily the training duty prescribed by
or under law for members of the Army National Guard or the Air
National Guard, as the case may be, as determined by the
Secretary concerned, may, upon the request of the Governor of
the State (or, in the case of the [District of Columbia,]
Capital, the commanding general of the [District of Columbia
National Guard] Capital National Guard) be ordered, without his
consent, to perform additional active duty for training for not
more than 45 days. A member ordered to active duty under this
subsection shall be ordered to duty as a Reserve of the Army or
as a Reserve of the Air Force, as the case may be.
* * * * * * *
CHAPTER 1011--NATIONAL GUARD BUREAU
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Sec. 10502. Chief of the National Guard Bureau: appointment; adviser on
National Guard matters; grade; succession
(a) Appointment.--There is a Chief of the National Guard
Bureau, who is responsible for the organization and operations
of the National Guard Bureau. The Chief of the National Guard
Bureau is appointed by the President, by and with the advice
and consent of the Senate. Such appointment shall be made from
officers of the Army National Guard of the United States or the
Air National Guard of the United States who--
(1) are recommended for such appointment by their
respective Governors or, in the case of the [District
of Columbia,] Capital, the commanding general of the
[District of Columbia National Guard] Capital National
Guard;
(2) are recommended for such appointment by the
Secretary of the Army or the Secretary of the Air
Force;
(3) have had at least 10 years of federally
recognized commissioned service in an active status in
the National Guard;
(4) are in a grade above the grade of brigadier
general;
(5) are determined by the Chairman of the Joint
Chiefs of Staff, in accordance with criteria and as a
result of a process established by the Chairman, to
have significant joint duty experience;
(6) are determined by the Secretary of Defense to
have successfully completed such other assignments and
experiences so as to possess a detailed understanding
of the status and capabilities of National Guard forces
and the missions of the National Guard Bureau as set
forth in section 10503 of this title;
(7) have a level of operational experience in a
position of significant responsibility, professional
military education, and demonstrated expertise in
national defense and homeland defense matters that are
commensurate with the advisory role of the Chief of the
National Guard Bureau; and
(8) possess such other qualifications as the
Secretary of Defense shall prescribe for purposes of
this section.
(b) Term of Office.--(1) An officer appointed as Chief of the
National Guard Bureau serves at the pleasure of the President
for a term of four years. An officer may be reappointed as
Chief of the National Guard Bureau.
(2) Except as provided in section 14508(d) of this title,
while holding the office of Chief of the National Guard Bureau,
the Chief of the National Guard Bureau may not be removed from
the reserve active-status list, or from an active status, under
any provision of law that otherwise would require such removal
due to completion of a specified number of years of service or
a specified number of years of service in grade.
(c) Advisor on National Guard Matters.--The Chief of the
National Guard Bureau is--
(1) a principal advisor to the Secretary of Defense,
through the Chairman of the Joint Chiefs of Staff, on
matters involving non-federalized National Guard forces
and on other matters as determined by the Secretary of
Defense; and
(2) the principal adviser to the Secretary of the
Army and the Chief of Staff of the Army, and to the
Secretary of the Air Force and the Chief of Staff of
the Air Force, on matters relating to the National
Guard, the Army National Guard of the United States,
and the Air National Guard of the United States.
(d) Member of Joint Chiefs of Staff.--As a member of the
Joint Chiefs of Staff, the Chief of the National Guard Bureau
has the specific responsibility of addressing matters involving
non-Federalized National Guard forces in support of homeland
defense and civil support missions.
(e) Grade and Exclusion From General and Flag Officer
Authorized Strength.--(1) The Chief of the National Guard
Bureau shall be appointed to serve in the grade of general.
(2) The Secretary of Defense shall designate, pursuant to
subsection (b) of section 526 of this title, the position of
Chief of the National Guard Bureau as one of the general
officer and flag officer positions to be excluded from the
limitations in subsection (a) of such section.
(f) Succession.--(1) When there is a vacancy in the office of
the Chief of the National Guard Bureau or in the absence or
disability of the Chief, the Vice Chief of the National Guard
Bureau acts as Chief and performs the duties of the Chief until
a successor is appointed or the absence or disability ceases.
(2) When there is a vacancy in the offices of both the Chief
and the Vice Chief of the National Guard Bureau or in the
absence or disability of both the Chief and the Vice Chief of
the National Guard Bureau, or when there is a vacancy in one
such office and in the absence or disability of the officer
holding the other, the senior officer of the Army National
Guard of the United States or the Air National Guard of the
United States on duty with the National Guard Bureau shall
perform the duties of the Chief until a successor to the Chief
or Vice Chief is appointed or the absence or disability of the
Chief or Vice Chief ceases, as the case may be.
* * * * * * *
Sec. 10505. Vice Chief of the National Guard Bureau
(a) Appointment.--(1) There is a Vice Chief of the National
Guard Bureau, appointed by the President, by and with the
advice and consent of the Senate. The appointment shall be made
from officers of the Army National Guard of the United States
or the Air National Guard of the United States who--
(A) are recommended for such appointment by their
respective Governors or, in the case of the [District
of Columbia,] Capital, the commanding general of the
[District of Columbia National Guard] Capital National
Guard;
(B) are recommended by the Secretary of the Army, in
the case of officers of the Army National Guard of the
United States, or by the Secretary of the Air Force, in
the case of officers of the Air National Guard of the
United States, and by the Secretary of Defense;
(C) are determined by the Chairman of the Joint
Chiefs of Staff, in accordance with criteria and as a
result of a process established by the Chairman, to
have significant joint duty experience; and
(D) have had at least 10 years of federally
recognized commissioned service in an active status in
the National Guard.
(2) The Chief of the National Guard Bureau and the Vice Chief
of the National Guard Bureau may not both be members of the
Army or of the Air Force.
(3)(A) Except as provided in subparagraph (B), an officer
appointed as Vice Chief of the National Guard Bureau serves for
a term of four years, but may be removed from office at any
time for cause.
(B) The term of the Vice Chief of the National Guard Bureau
shall end upon the appointment of a Chief of the National Guard
Bureau who is a member of the same armed force as the Vice
Chief.
(4) The Secretary of Defense may waive the restrictions in
paragraph (2) and the provisions of paragraph (3) for not more
than 90 days to provide for the orderly transition of officers
appointed to serve in the positions of Chief of the National
Guard Bureau and the Vice Chief of the National Guard Bureau.
(b) Duties.--The Vice Chief of the National Guard Bureau
performs such duties as may be prescribed by the Chief of the
National Guard Bureau.
Sec. 10506. Other senior National Guard Bureau officers
(a) Additional General Officers.--(1) In addition to the
Chief and Vice Chief of the National Guard Bureau, there shall
be assigned to the National Guard Bureau--
(A) two officers selected by the Secretary of the
Army (after consultation with the Chief of the National
Guard Bureau) from officers of the Army National Guard
of the United States who have been nominated by their
respective Governors or, in the case of the [District
of Columbia,] Capital, the commanding general of the
[District of Columbia National Guard] Capital National
Guard, the senior of whom shall be appointed in
accordance with paragraph (3) and shall serve as
Director, Army National Guard, with the other serving
as Deputy Director, Army National Guard; and
(B) two officers selected by the Secretary of the Air
Force (after consultation with the Chief of the
National Guard Bureau) from officers of the Air
National Guard of the United States who have been
nominated by their respective Governors or, in the case
of the [District of Columbia,] Capital, the commanding
general of the [District of Columbia National Guard]
Capital National Guard, the senior of whom shall be
appointed in accordance with paragraph (3) and shall
serve as Director, Air National Guard, with the other
serving as Deputy Director, Air National Guard.
(2) The Director and Deputy Director, Army National Guard,
and the Director and Deputy Director, Air National Guard, shall
assist the Chief of the National Guard Bureau in carrying out
the functions of the National Guard Bureau as they relate to
their respective branches.
(3)(A) The President, by and with the advice and consent of
the Senate, shall appoint the Director, Army National Guard,
from general officers of the Army National Guard of the United
States and shall appoint the Director, Air National Guard, from
general officers of the Air National Guard of the United
States.
(B) The Secretary of Defense may not recommend an officer to
the President for appointment as Director, Army National Guard,
or as Director, Air National Guard, unless the officer--
(i) is recommended by the Secretary of the military
department concerned; and
(ii) is determined by the Chairman of the Joint
Chiefs of Staff, in accordance with criteria and as a
result of a process established by the Chairman, to
have significant joint duty experience.
(C) An officer on active duty for service as the Director,
Army National Guard, or the Director, Air National Guard, shall
be counted for purposes of the grade limitations under sections
525 and 526 of this title.
(D) The Director, Army National Guard, and the Director, Air
National Guard, are appointed for a period of four years, but
may be removed for cause at any time. An officer serving as
either Director may be reappointed for one additional four-year
period.
(b) Other Officers.--There are in the National Guard Bureau a
legal counsel, a comptroller, and an inspector general, each of
whom shall be appointed by the Chief of the National Guard
Bureau. They shall perform such duties as the Chief may
prescribe.
* * * * * * *
Sec. 10508. National Guard Bureau: general provisions
(a) Manpower Requirements of National Guard Bureau.--The
manpower requirements of the National Guard Bureau as a joint
activity of the Department of Defense shall be determined in
accordance with regulations prescribed by the Secretary of
Defense, in consultation with the Chairman of the Joint Chiefs
of Staff.
(b) Personnel for Functions of National Guard Bureau.--
(1) In general.--The Chief of the National Guard
Bureau may program for, appoint, employ, administer,
detail, and assign persons under sections 2102, 2103,
2105, and 3101 of title 5, subchapter IV of chapter 53
of title 5, or section 328 of title 32, within the
National Guard Bureau and the National Guard of each
State, the Commonwealth of Puerto Rico, the [District
of Columbia] Capital, Guam, and the Virgin Islands to
execute the functions of the National Guard Bureau and
the missions of the National Guard, and missions as
assigned by the Chief of the National Guard Bureau.
(2) Administration through adjutants general.--The
Chief of the National Guard Bureau may designate the
adjutants general referred to in section 314 of title
32 to appoint, employ, and administer the National
Guard employees authorized by this subsection.
(3) Administrative actions.--Notwithstanding the
Intergovernmental Personnel Act of 1970 (42 U.S.C. 4701
et seq.) and under regulations prescribed by the Chief
of the National Guard Bureau, all personnel actions or
conditions of employment, including adverse actions
under title 5, pertaining to a person appointed,
employed, or administered by an adjutant general under
this subsection shall be accomplished by the adjutant
general of the jurisdiction concerned. For purposes of
any administrative complaint, grievance, claim, or
action arising from, or relating to, such a personnel
action or condition of employment:
(A) The adjutant general of the jurisdiction
concerned shall be considered the head of the
agency and the National Guard of the
jurisdiction concerned shall be considered the
employing agency of the individual and the sole
defendant or respondent in any administrative
action.
(B) The National Guard of the jurisdiction
concerned shall defend any administrative
complaint, grievance, claim, or action, and
shall promptly implement all aspects of any
final administrative order, judgment, or
decision.
(C) In any civil action or proceeding brought
in any court arising from an action under this
section, the United States shall be the sole
defendant or respondent.
(D) The Attorney General of the United States
shall defend the United States in actions
arising under this section described in
subparagraph (C).
(E) Any settlement, judgment, or costs
arising from an action described in
subparagraph (A) or (C) shall be paid from
appropriated funds allocated to the National
Guard of the jurisdiction concerned.
* * * * * * *
PART II--PERSONNEL GENERALLY
* * * * * * *
CHAPTER 1205--APPOINTMENT OF RESERVE OFFICERS
* * * * * * *
Sec. 12204. Commissioned officers: original appointment; limitation
(a) No person may be appointed as a Reserve in a commissioned
grade above major or lieutenant commander, unless--
(1) he was formerly a commissioned officer of an
armed force; or
(2) such an appointment is recommended by a board of
officers convened by the Secretary concerned.
(b) This section does not apply to adjutants general and
assistant adjutants general of the several States, Puerto Rico,
and the [District of Columbia] Capital.
* * * * * * *
CHAPTER 1209--ACTIVE DUTY
* * * * * * *
Sec. 12301. Reserve components generally
(a) In time of war or of national emergency declared by
Congress, or when otherwise authorized by law, an authority
designated by the Secretary concerned may, without the consent
of the persons affected, order any unit, and any member not
assigned to a unit organized to serve as a unit, of a reserve
component under the jurisdiction of that Secretary to active
duty for the duration of the war or emergency and for six
months thereafter. However a member on an inactive status list
or in a retired status may not be ordered to active duty under
this subsection unless the Secretary concerned, with the
approval of the Secretary of Defense in the case of the
Secretary of a military department, determines that there are
not enough qualified Reserves in an active status or in the
inactive National Guard in the required category who are
readily available.
(b) At any time, an authority designated by the Secretary
concerned may, without the consent of the persons affected,
order any unit, and any member not assigned to a unit organized
to serve as a unit, in an active status in a reserve component
under the jurisdiction of that Secretary to active duty for not
more than 15 days a year. However, units and members of the
Army National Guard of the United States or the Air National
Guard of the United States may not be ordered to active duty
under this subsection without the consent of the governor of
the State (or, in the case of the [District of Columbia
National Guard] Capital National Guard, the commanding general
of the [District of Columbia National Guard] Capital National
Guard).
(c) So far as practicable, during any expansion of the active
armed forces that requires that units and members of the
reserve components be ordered to active duty as provided in
subsection (a), members of units organized and trained to serve
as units who are ordered to that duty without their consent
shall be so ordered with their units. However, members of those
units may be reassigned after being so ordered to active duty.
(d) At any time, an authority designated by the Secretary
concerned may order a member of a reserve component under his
jurisdiction to active duty, or retain him on active duty, with
the consent of that member. However, a member of the Army
National Guard of the United States or the Air National Guard
of the United States may not be ordered to active duty under
this subsection without the consent of the governor or other
appropriate authority of the State concerned.
(e) The period of time allowed between the date when a
Reserve ordered to active duty as provided in subsection (a) is
alerted for that duty and the date when the Reserve is required
to enter upon that duty shall be determined by the Secretary
concerned based upon military requirements at that time.
(f) The consent of a Governor described in subsections (b)
and (d) may not be withheld (in whole or in part) with regard
to active duty outside the United States, its territories, and
its possessions, because of any objection to the location,
purpose, type, or schedule of such active duty.
(g)(1) A member of a reserve component may be ordered to
active duty without his consent if the Secretary concerned
determines that the member is in a captive status. A member
ordered to active duty under this section may not be retained
on active duty, without his consent, for more than 30 days
after his captive status is terminated.
(2) The Secretary of Defense shall prescribe regulations to
carry out this section. Such regulations shall apply uniformly
among the armed forces under the jurisdiction of the Secretary.
A determination for the purposes of this subsection that a
member is in a captive status shall be made pursuant to such
regulations.
(3) In this section, the term ``captive status'' means the
status of a member of the armed forces who is in a missing
status (as defined in section 551(2) of title 37) which occurs
as the result of a hostile action and is related to the
member's military status.
(h)(1) When authorized by the Secretary of Defense, the
Secretary of a military department may, with the consent of the
member, order a member of a reserve component to active duty--
(A) to receive authorized medical care;
(B) to be medically evaluated for disability or other
purposes; or
(C) to complete a required Department of Defense
health care study, which may include an associated
medical evaluation of the member.
(2) A member ordered to active duty under this subsection
may, with the member's consent, be retained on active duty, if
the Secretary concerned considers it appropriate, for medical
treatment for a condition associated with the study or
evaluation, if that treatment of the member is otherwise
authorized by law.
(3) A member of the Army National Guard of the United States
or the Air National Guard of the United States may be ordered
to active duty under this subsection only with the consent of
the Governor or other appropriate authority of the State
concerned.
* * * * * * *
CHAPTER 1211--NATIONAL GUARD MEMBERS IN FEDERAL SERVICE
* * * * * * *
Sec. 12406. National Guard in Federal service: call
Whenever--
(1) the United States, or any of the Commonwealths or
possessions, is invaded or is in danger of invasion by
a foreign nation;
(2) there is a rebellion or danger of a rebellion
against the authority of the Government of the United
States; or
(3) the President is unable with the regular forces
to execute the laws of the United States;
the President may call into Federal service members and units
of the National Guard of any State in such numbers as he
considers necessary to repel the invasion, suppress the
rebellion, or execute those laws. Orders for these purposes
shall be issued through the governors of the States or, in the
case of the [District of Columbia,] Capital, through the
commanding general of the [National Guard of the District of
Columbia] Capital National Guard.
* * * * * * *
CHAPTER 1219--STANDARDS AND PROCEDURES FOR RETENTION AND PROMOTION
* * * * * * *
Sec. 12642. Standards and qualifications: result of failure to comply
with
(a) To be retained in an active status, a reserve
commissioned officer must, in any applicable yearly period,
attain the number of points under section 12732(a)(2) of this
title prescribed by the Secretary concerned, with the approval
of the Secretary of Defense in the case of a Secretary of a
military department, and must conform to such other standards
and qualifications as the Secretary concerned may prescribe.
The Secretary may not prescribe a minimum of more than 50
points under this subsection.
(b) Subject to section 12645 of this title, a reserve
commissioned officer who fails to attain the number of points,
or to conform to the standards and qualifications, prescribed
in subsection (a) shall--
(1) be transferred to the Retired Reserve if he is
qualified and applies therefor;
(2) if he is not qualified or does not apply for
transfer to the Retired Reserve, be transferred to an
inactive status, if he is qualified therefor; or
(3) if he is not transferred to the Retired Reserve
or an inactive status, be discharged from his reserve
appointment.
(c) This section does not apply to commissioned warrant
officers or to adjutants general or assistant adjutants general
of States, Puerto Rico, and the [District of Columbia] Capital.
* * * * * * *
PART V--SERVICE, SUPPLY, AND PROCUREMENT
* * * * * * *
CHAPTER 1803--FACILITIES FOR RESERVE COMPONENTS
* * * * * * *
Sec. 18238. Army National Guard of United States; Air National Guard of
United States: limitation on relocation of units
A unit of the Army National Guard of the United States or the
Air National Guard of the United States may not be relocated or
withdrawn under this chapter without the consent of the
governor of the State or, in the case of the [District of
Columbia,] Capital, the commanding general of the [National
Guard of the District of Columbia] Capital National Guard.
* * * * * * *
----------
TITLE 28, UNITED STATES CODE
PART I--ORGANIZATION OF COURTS
* * * * * * *
CHAPTER 3--COURTS OF APPEALS
* * * * * * *
Sec. 41. Number and composition of circuits
The thirteen judicial circuits of the United States are
constituted as follows:
----------------------------------------------------------------------------------------------------------------
Circuits Composition
----------------------------------------------------------------------------------------------------------------
[District of Columbia] Capital...... [District of Columbia] Capital; Washington, Douglass Commonwealth.
First Maine, Massachusetts, New Hampshire, Puerto Rico, Rhode Island.
Second Connecticut, New York, Vermont.
Third Delaware, New Jersey, Pennsylvania, Virgin
Fourth Maryland, North Carolina, South Carolina, Virginia, West Virginia.
Fifth District of the Canal Zone, Louisiana, Mississippi, Texas.
Sixth Kentucky, Michigan, Ohio, Tennessee.
Seventh Illinois, Indiana, Wisconsin.
Eighth Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, South Dakota.
Ninth Alaska, Arizona, California, Idaho, Montana, Nevada, Oregon, Washington,
Guam, Hawaii.
Tenth Colorado, Kansas, New Mexico, Oklahoma, Utah, Wyoming.
Eleventh Alabama, Florida, Georgia.
Federal All Federal judicial districts.
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Sec. 44. Appointment, tenure, residence and salary of circuit judges
(a) The President shall appoint, by and with the advice and
consent of the Senate, circuit judges for the several circuits
as follows:
----------------------------------------------------------------------------------------------------------------
Circuits Composition
----------------------------------------------------------------------------------------------------------------
[District of Columbia] Capital...... 11
First 6
Second 13
Third 14
Fourth 15
Fifth 17
Sixth 16
Seventh 11
Eighth 11
Ninth 29
Tenth 12
Eleventh 12
Federal 12
----------------------------------------------------------------------------------------------------------------
(b) Circuit judges shall hold office during good behavior.
(c) [Except in the District of Columbia, each] Each circuit
judge shall be a resident of the circuit for which appointed at
the time of his appointment and thereafter while in active
service. While in active service, each circuit judge of the
Federal judicial circuit appointed after the effective date of
the Federal Courts Improvement Act of 1982, and the chief judge
of the Federal judicial circuit, whenever appointed, shall
reside [within fifty miles of the District of Columbia] within
fifty miles of the Capital. In each circuit (other than the
Federal judicial circuit) there shall be at least one circuit
judge in regular active service appointed from the residents of
each state in that circuit.
(d) Each circuit judge shall receive a salary at an annual
rate determined under section 225 of the Federal Salary Act of
1967 (2 U.S.C. 351-361), as adjusted by section 461 of this
title.
* * * * * * *
Sec. 48. Terms of court
(a) The courts of appeals shall hold regular sessions at the
places listed below, and at such other places within the
respective circuit as each court may designate by rule.
----------------------------------------------------------------------------------------------------------------
Circuits Composition
----------------------------------------------------------------------------------------------------------------
[District of Columbia] Capital...... [Washington] Capital.
First Boston.
Second New York.
Third Philadelphia.
Fourth Richmond, Asheville.
Fifth New Orleans, Fort Worth, Jackson.
Sixth Cincinnati.
Seventh Chicago.
Eighth St. Louis, Kansas City, Omaha, St. Paul.
Ninth San Francisco, Los Angeles, Portland, Seattle.
Tenth Denver, Wichita, Oklahoma City.
Eleventh Atlanta, Jacksonville, Montgomery.
Federal [District of Columbia] Capital, and in any other place listed above as the
court by rule directs.
----------------------------------------------------------------------------------------------------------------
(b) Each court of appeals may hold special sessions at any
place within its circuit as the nature of the business may
require, and upon such notice as the court orders. The court
may transact any business at a special session which it might
transact at a regular session.
(c) Any court of appeals may pretermit any regular session of
court at any place for insufficient business or other good
cause.
(d) The times and places of the sessions of the Court of
Appeals for the Federal Circuit shall be prescribed with a view
to securing reasonable opportunity to citizens to appear before
the court with as little inconvenience and expense to citizens
as is practicable.
(e) Each court of appeals may hold special sessions at any
place within the United States outside the circuit as the
nature of the business may require and upon such notice as the
court orders, upon a finding by either the chief judge of the
court of appeals (or, if the chief judge is unavailable, the
most senior available active judge of the court of appeals) or
the judicial council of the circuit that, because of emergency
conditions, no location within the circuit is reasonably
available where such special sessions could be held. The court
may transact any business at a special session outside the
circuit which it might transact at a regular session.
(f) If a court of appeals issues an order exercising its
authority under subsection (e), the court--
(1) through the Administrative Office of the United
States Courts, shall--
(A) send notice of such order, including the
reasons for the issuance of such order, to the
Committee on the Judiciary of the Senate and
the Committee on the Judiciary of the House of
Representatives; and
(B) not later than 180 days after the
expiration of such court order submit a brief
report to the Committee on the Judiciary of the
Senate and the Committee on the Judiciary of
the House of Representatives describing the
impact of such order, including--
(i) the reasons for the issuance of
such order;
(ii) the duration of such order;
(iii) the impact of such order on
litigants; and
(iv) the costs to the judiciary
resulting from such order; and
(2) shall provide reasonable notice to the United
States Marshals Service before the commencement of any
special session held pursuant to such order.
Sec. 49. Assignment of judges to division to appoint independent
counsels
(a) Beginning with the two-year period commencing on the date
of the enactment of this section, three judges or justices
shall be assigned for each successive two-year period to a
division of the United States Court of Appeals for the
[District of Columbia] Capital to be the division of the court
for the purpose of appointing independent counsels. The Clerk
of the United States Court of Appeals for the [District of
Columbia] Capital Circuit shall serve as the clerk of such
division of the court and shall provide such services as are
needed by such division of the court.
(b) Except as provided under subsection (f) of this section,
assignment to such division of the court shall not be a bar to
other judicial assignments during the term of such division.
(c) In assigning judges or justices to sit on such division
of the court, priority shall be given to senior circuit judges
and retired justices.
(d) The Chief Justice of the United States shall designate
and assign three circuit court judges or justices, one of whom
shall be a judge of the United States Court of Appeals for the
[District of Columbia] Capital, to such division of the court.
Not more than one judge or justice or senior or retired judge
or justice may be named to such division from a particular
court.
(e) Any vacancy in such division of the court shall be filled
only for the remainder of the two-year period in which such
vacancy occurs and in the same manner as initial assignments to
such division were made.
(f) Except as otherwise provided in chapter 40 of this title,
no member of such division of the court who participated in a
function conferred on the division under chapter 40 of this
title involving an independent counsel shall be eligible to
participate in any judicial proceeding concerning a matter
which involves such independent counsel while such independent
counsel is serving in that office or which involves the
exercise of such independent counsel's official duties,
regardless of whether such independent counsel is still serving
in that office.
* * * * * * *
CHAPTER 5--DISTRICT COURTS
Sec.
81. Alabama.
* * * * * * *
[88. District of Columbia.]
88. Washington, Douglass Commonwealth and the Capital.
* * * * * * *
Sec. 88. [District of Columbia] Washington, Douglass Commonwealth and
the Capital
[The District of Columbia constitutes one judicial
district.] The State of Washington, Douglass Commonwealth and
the Capital comprise on judicial district.
Court shall be held at [Washington] the Capital.
* * * * * * *
Sec. 133. Appointment and number of district judges
(a) The President shall appoint, by and with the advice and
consent of the Senate, district judges for the several judicial
districts, as follows:
------------------------------------------------------------------------
Districts Judges
------------------------------------------------------------------------
Alabama:
Northern 7
Middle 3
Southern 3
Alaska 3
Arizona 12
Arkansas: .............................
Eastern 5
Western 3
California: .............................
Northern 14
Eastern 6
Central 27
Southern 13
Colorado 7
Connecticut 8
Delaware 4
[District of Columbia] Washington, 15
Douglass Commonwealth and the Capital.
Florida: .............................
Northern 4
Middle 15
Southern 17
Georgia: .............................
Northern 11
Middle 4
Southern 3
Hawaii 3
Idaho 2
Illinois: .............................
Northern 22
Central 4
Southern 4
Indiana: .............................
Northern 5
Southern 5
Iowa: .............................
Northern 2
Southern 3
Kansas 5
Kentucky: .............................
Eastern 5
Western 4
Eastern and Western 1
Louisiana: .............................
Eastern 12
Middle 3
Western 7
Maine 3
Maryland 10
Massachusetts 13
Michigan: .............................
Eastern 15
Western 4
Minnesota 7
Mississippi: .............................
Northern 3
Southern 6
Missouri: .............................
Eastern 6
Western 5
Eastern and Western 2
Montana 3
Nebraska 3
Nevada 7
New Hampshire 3
New Jersey 17
New Mexico 6
New York: .............................
Northern 5
Southern 28
Eastern 15
Western 4
North Carolina: .............................
Eastern 4
Middle 4
Western 4
North Dakota 2
Ohio: .............................
Northern 11
Southern 8
Oklahoma: .............................
Northern 3
Eastern 1
Western 6
Northern, Eastern, and Western 1
Oregon 6
Pennsylvania: .............................
Eastern 22
Middle 6
Western 10
Puerto Rico 7
Rhode Island 3
South Carolina 10
South Dakota 3
Tennessee: .............................
Eastern 5
Middle 4
Western 5
Texas: .............................
Northern 12
Southern 19
Eastern 7
Western 13
Utah 5
Vermont 2
Virginia: .............................
Eastern 11
Western 4
Washington: .............................
Eastern 4
Western 7
West Virginia: .............................
Northern 3
Southern 5
Wisconsin:
Eastern 5
Western 2
Wyoming 3
------------------------------------------------------------------------
(b)(1) In any case in which a judge of the United States
(other than a senior judge) assumes the duties of a full-time
office of Federal judicial administration, the President shall
appoint, by and with the advice and consent of the Senate, an
additional judge for the court on which such judge serves. If
the judge who assumes the duties of such full-time office
leaves that office and resumes the duties as an active judge of
the court, then the President shall not appoint a judge to fill
the first vacancy which occurs thereafter in that court.
(2) For purposes of paragraph (1), the term ``office of
Federal judicial administration'' means a position as Director
of the Federal Judicial Center, Director of the Administrative
Office of the United States Courts, or Counselor to the Chief
Justice.
Sec. 134. Tenure and residence of district judges
(a) The district judges shall hold office during good
behavior.
(b) Each district judge, except in [the District of Columbia,
the Southern District of New York, and] the Southern District
of New York and the Eastern District of New York, shall reside
in the district or one of the districts for which he is
appointed. Each district judge of the Southern District of New
York and the Eastern District of New York may reside within 20
miles of the district to which he or she is appointed.
(c) If the public interest and the nature of the business of
a district court require that a district judge should maintain
his abode at or near a particular place for holding court in
the district or within a particular part of the district the
judicial council of the circuit may so declare and may make an
appropriate order. If the district judges of such a district
are unable to agree as to which of them shall maintain his
abode at or near the place or within the area specified in such
an order the judicial council of the circuit may decide which
of them shall do so.
* * * * * * *
CHAPTER 6--BANKRUPTCY JUDGES
* * * * * * *
Sec. 152. Appointment of bankruptcy judges
(a)(1) Each bankruptcy judge to be appointed for a judicial
district, as provided in paragraph (2), shall be appointed by
the court of appeals of the United States for the circuit in
which such district is located. Such appointments shall be made
after considering the recommendations of the Judicial
Conference submitted pursuant to subsection (b). Each
bankruptcy judge shall be appointed for a term of fourteen
years, subject to the provisions of subsection (e). However,
upon the expiration of the term, a bankruptcy judge may, with
the approval of the judicial council of the circuit, continue
to perform the duties of the office until the earlier of the
date which is 180 days after the expiration of the term or the
date of the appointment of a successor. Bankruptcy judges shall
serve as judicial officers of the United States district court
established under Article III of the Constitution.
(2) The bankruptcy judges appointed pursuant to this section
shall be appointed for the several judicial districts as
follows:
------------------------------------------------------------------------
Districts Judges
------------------------------------------------------------------------
Alabama:
Northern 5
Middle 2
Southern 2
Alaska 2
Arizona 7
Arkansas: .............................
Eastern and Western 3
California: .............................
Northern 9
Eastern 6
Central 21
Southern 4
Colorado 5
Connecticut 3
Delaware 1
[District of Columbia] Washington, 1
Douglass Commonwealth and the Capital.
Florida: .............................
Northern 1
Middle 8
Southern 5
Georgia: .............................
Northern 8
Middle 3
Southern 2
Hawaii 1
Idaho 2
Illinois: .............................
Northern 10
Central 3
Southern 1
Indiana: .............................
Northern 3
Southern 4
Iowa: .............................
Northern 2
Southern 2
Kansas 4
Kentucky: .............................
Eastern 2
Western 3
Louisiana: .............................
Eastern 2
Middle 1
Western 3
Maine 2
Maryland 4
Massachusetts 5
Michigan: .............................
Eastern 4
Western 3
Minnesota 4
Mississippi: .............................
Northern 1
Southern 2
Missouri: .............................
Eastern 3
Western 3
Montana 1
Nebraska 2
Nevada 3
New Hampshire 1
New Jersey 8
New Mexico 2
New York: .............................
Northern 2
Southern 9
Eastern 6
Western 3
North Carolina: .............................
Eastern 2
Middle 2
Western 2
North Dakota 1
Ohio: .............................
Northern 8
Southern 7
Oklahoma: .............................
Northern 2
Eastern 1
Western 3
Oregon 5
Pennsylvania: .............................
Eastern 5
Middle 2
Western 4
Puerto Rico 2
Rhode Island 1
South Carolina 2
South Dakota 2
Tennessee: .............................
Eastern 3
Middle 3
Western 4
Texas: .............................
Northern 6
Eastern 2
Southern 6
Western 4
Utah 3
Vermont 1
Virginia: .............................
Eastern 5
Western 3
Washington: .............................
Eastern 2
Western 5
West Virginia: .............................
Northern 1
Southern 1
Wisconsin:
Eastern 4
Western 2
Wyoming 1
------------------------------------------------------------------------
(3) Whenever a majority of the judges of any court of appeals
cannot agree upon the appointment of a bankruptcy judge, the
chief judge of such court shall make such appointment.
(4) The judges of the district courts for the territories
shall serve as the bankruptcy judges for such courts. The
United States court of appeals for the circuit within which
such a territorial district court is located may appoint
bankruptcy judges under this chapter for such district if
authorized to do so by the Congress of the United States under
this section.
(b)(1) The Judicial Conference of the United States shall,
from time to time, and after considering the recommendations
submitted by the Director of the Administrative Office of the
United States Courts after such Director has consulted with the
judicial council of the circuit involved, determine the
official duty stations of bankruptcy judges and places of
holding court.
(2) The Judicial Conference shall, from time to time, submit
recommendations to the Congress regarding the number of
bankruptcy judges needed and the districts in which such judges
are needed.
(3) Not later than December 31, 1994, and not later than the
end of each 2-year period thereafter, the Judicial Conference
of the United States shall conduct a comprehensive review of
all judicial districts to assess the continuing need for the
bankruptcy judges authorized by this section, and shall report
to the Congress its findings and any recommendations for the
elimination of any authorized position which can be eliminated
when a vacancy exists by reason of resignation, retirement,
removal, or death.
(c)(1) Each bankruptcy judge may hold court at such places
within the judicial district, in addition to the official duty
station of such judge, as the business of the court may
require.
(2)(A) Bankruptcy judges may hold court at such places within
the United States outside the judicial district as the nature
of the business of the court may require, and upon such notice
as the court orders, upon a finding by either the chief judge
of the bankruptcy court (or, if the chief judge is unavailable,
the most senior available bankruptcy judge) or by the judicial
council of the circuit that, because of emergency conditions,
no location within the district is reasonably available where
the bankruptcy judges could hold court.
(B) Bankruptcy judges may transact any business at special
sessions of court held outside the district pursuant to this
paragraph that might be transacted at a regular session.
(C) If a bankruptcy court issues an order exercising its
authority under subparagraph (A), the court--
(i) through the Administrative Office of the United
States Courts, shall--
(I) send notice of such order, including the
reasons for the issuance of such order, to the
Committee on the Judiciary of the Senate and
the Committee on the Judiciary of the House of
Representatives; and
(II) not later than 180 days after the
expiration of such court order submit a brief
report to the Committee on the Judiciary of the
Senate and the Committee on the Judiciary of
the House of Representatives describing the
impact of such order, including--
(aa) the reasons for the issuance of
such order;
(bb) the duration of such order;
(cc) the impact of such order on
litigants; and
(dd) the costs to the judiciary
resulting from such order; and
(ii) shall provide reasonable notice to the United
States Marshals Service before the commencement of any
special session held pursuant to such order.
(d) With the approval of the Judicial Conference and of each
of the judicial councils involved, a bankruptcy judge may be
designated to serve in any district adjacent to or near the
district for which such bankruptcy judge was appointed.
(e) A bankruptcy judge may be removed during the term for
which such bankruptcy judge is appointed, only for
incompetence, misconduct, neglect of duty, or physical or
mental disability and only by the judicial council of the
circuit in which the judge's official duty station is located.
Removal may not occur unless a majority of all of the judges of
such council concur in the order of removal. Before any order
of removal may be entered, a full specification of charges
shall be furnished to such bankruptcy judge who shall be
accorded an opportunity to be heard on such charges.
* * * * * * *
CHAPTER 7--UNITED STATES COURT OF FEDERAL CLAIMS
* * * * * * *
Sec. 173. Times and places of holding court
The principal office of the United States Court of Federal
Claims shall be in [the District of Columbia] the Capital, but
the Court of Federal Claims may hold court at such times and in
such places as it may fix by rule of court. The times and
places of the sessions of the Court of Federal Claims shall be
prescribed with a view to securing reasonable opportunity to
citizens to appear before the Court of Federal Claims with as
little inconvenience and expense to citizens as is practicable.
* * * * * * *
Sec. 175. Official duty station; residence
(a) The official duty station of each judge of the United
States Court of Federal Claims is [the District of Columbia]
the Capital.
(b) After appointment and while in active service, each judge
shall reside within fifty miles of [the District of Columbia]
the Capital.
(c) Retired judges of the Court of Federal Claims are not
subject to restrictions as to residence. The place where a
retired judge maintains the actual abode in which such judge
customarily lives shall be deemed to be the judge's official
duty station for the purposes of section 456 of this title.
* * * * * * *
CHAPTER 21--GENERAL PROVISIONS APPLICABLE TO COURTS AND JUDGES
* * * * * * *
Sec. 451. Definitions.--
As used in this title:
The term ``court of the United States'' includes the Supreme
Court of the United States, courts of appeals, district courts
constituted by chapter 5 of this title, including the Court of
International Trade and any court created by Act of Congress
the judges of which are entitled to hold office during good
behavior.
The terms ``district court'' and ``district court of the
United States'' mean the courts constituted by chapter 5 of
this title.
The term ``judge of the United States'' includes judges of
the courts of appeals, district courts, Court of International
Trade and any court created by Act of Congress, the judges of
which are entitled to hold office during good behavior.
The term ``justice of the United States'' includes the Chief
Justice of the United States and the associate justices of the
Supreme Court.
The terms ``district'' and ``judicial district'' means the
districts enumerated in Chapter 5 of this title.
The term ``department'' means one of the executive
departments enumerated in section 1 of Title 5, unless the
context shows that such term was intended to describe the
executive, legislative, or judicial branches of the government.
The term ``agency'' includes any department, independent
establishment, commission, administration, authority, board or
bureau of the United States or any corporation in which the
United States has a proprietary interest, unless the context
shows that such term was intended to be used in a more limited
sense.
The term ``Capital'' means the area serving as the
seat of the Government of the United States, as
described in section 112 of the Washington, D.C.
Admission Act.
* * * * * * *
Sec. 456. Traveling expenses of justices and judges; official duty
stations
(a) The Director of the Administrative Office of the United
States Courts shall pay each justice or judge of the United
States, and each retired justice or judge recalled or
designated and assigned to active duty, while attending court
or transacting official business at a place other than his
official duty station for any continuous period of less than
thirty calendar days (1) all necessary transportation expenses
certified by the justice or judge; and (2) payments for
subsistence expenses at rates or in amounts which the Director
establishes, in accordance with regulations which the Director
shall prescribe with the approval of the Judicial Conference of
the United States and after considering the rates or amounts
set by the Administrator of General Services and the President
pursuant to section 5702 of title 5. The Director of the
Administrative Office of the United States Courts shall also
pay each justice or judge of the United States, and each
retired justice or judge recalled or designated and assigned to
active duty, while attending court or transacting official
business under an assignment authorized under chapter 13 of
this title which exceeds in duration a continuous period of
thirty calendar days, all necessary transportation expenses and
actual and necessary expenses of subsistence actually incurred,
notwithstanding the provisions of section 5702 of title 5, in
accordance with regulations which the Director shall prescribe
with the approval of the Judicial Conference of the United
States.
[(b) The official duty station of the Chief Justice of the
United States, the Justices of the Supreme Court of the United
States, and the judges of the United States Court of Appeals
for the District of Columbia Circuit, the United States Court
of Appeals for the Federal Circuit, and the United States
District Court for the District of Columbia shall be the
District of Columbia.]
(b) The official duty station of the Chief Justice of the
United States, the Justices of the Supreme Court of the United
States, and the judges of the United States Court of Appeals
for the Federal Circuit shall be the Capital.
(c) The official duty station of the judges of the United
States Court of International Trade shall be New York City.
(d) The official duty station of each district judge shall be
that place where a district court holds regular sessions at or
near which the judge performs a substantial portion of his
judicial work, which is nearest the place where he maintains
his actual abode in which he customarily lives.
(e) The official duty station of a circuit judge shall be
that place where a circuit or district court holds regular
sessions at or near which the judge performs a substantial
portion of his judicial work, or that place where the Director
provides chambers to the judge where he performs a substantial
portion of his judicial work, which is nearest the place where
he maintains his actual abode in which he customarily lives.
(f) The official duty station of a retired judge shall be
established in accordance with section 374 of this title.
(g) Each circuit or district judge whose official duty
station is not fixed expressly by this section shall notify the
Director of the Administrative Office of the United States
Courts in writing of his actual abode and official duty station
upon his appointment and from time to time thereafter as his
official duty station may change.
* * * * * * *
Sec. 462. Court accommodations
(a) Sessions of courts of the United States (except the
Supreme Court) shall be held only at places where the Director
of the Administrative Office of the United States Courts
provides accommodations, or where suitable accommodations are
furnished without cost to the judicial branch.
(b) The Director of the Administrative Office of the United
States Courts shall provide accommodations, including chambers
and courtrooms, only at places where regular sessions of court
are authorized by law to be held, but only if the judicial
council of the appropriate circuit has approved the
accommodations as necessary.
(c) The limitations and restrictions contained in subsection
(b) of this section shall not prevent the Director from
furnishing chambers to circuit judges at places within the
circuit other than where regular sessions of court are
authorized by law to be held, when the judicial council of the
circuit approves.
(d) The Director of the Administrative Office of the United
States Courts shall provide permanent accommodations for the
United States Court of Appeals for the Federal Circuit and for
the United States Court of Federal Claims only at [the District
of Columbia] the Capital. However, each such court may hold
regular and special sessions at other places utilizing the
accommodations which the Director provides to other courts.
(e) The Director of the Administrative Office of the United
States Courts shall provide accommodations for probation
officers, pretrial service officers, and Federal Public
Defender Organizations at such places as may be approved by the
judicial council of the appropriate circuit.
(f) Upon the request of the Director, the Administrator of
General Services is authorized and directed to provide the
accommodations the Director requests, and to close
accommodations which the Director recommends for closure with
the approval of the Judicial Conference of the United States.
* * * * * * *
PART II--DEPARTMENT OF JUSTICE
* * * * * * *
CHAPTER 35--UNITED STATES ATTORNEYS
* * * * * * *
Sec. 545. Residence
(a) [Each United States attorney shall reside in the district
for which he is appointed, except that these officers of the
District of Columbia, the Southern District of New York, and
the Eastern District of New York may reside within 20 miles
thereof.] Each United States attorney shall reside in the
district for which he or she is appointed, except that those
officers of the Southern District of New York and the Eastern
District of New York may reside within 20 miles thereof. Each
assistant United States attorney shall reside in the district
for which he or she is appointed or within 25 miles thereof.
The provisions of this subsection shall not apply to any United
States attorney or assistant United States attorney appointed
for the Northern Mariana Islands who at the same time is
serving in the same capacity in another district. Pursuant to
an order from the Attorney General or his designee, a United
States attorney or an assistant United States attorney may be
assigned dual or additional responsibilities that exempt such
officer from the residency requirement in this subsection for a
specific period as established by the order and subject to
renewal.
(b) The Attorney General may determine the official stations
of United States attorneys and assistant United States
attorneys within the districts for which they are appointed.
* * * * * * *
CHAPTER 37--UNITED STATES MARSHALS SERVICE
* * * * * * *
Sec. 561. United States Marshals Service
(a) There is hereby established a United States Marshals
Service as a bureau within the Department of Justice under the
authority and direction of the Attorney General. There shall be
at the head of the United States Marshals Service (hereafter in
this chapter referred to as the ``Service'') a Director who
shall be appointed by the President, by and with the advice and
consent of the Senate.
(b) The Director of the United States Marshals Service
(hereafter in this chapter referred to as the ``Director'')
shall, in addition to the powers and duties set forth in this
chapter, exercise such other functions as may be delegated by
the Attorney General.
(c) The President shall appoint, by and with the advice and
consent of the Senate, a United States marshal for each
judicial district of the United States and for the Superior
Court of the District of Columbia, except that any marshal
appointed for the Northern Mariana Islands may at the same time
serve as marshal in another judicial district. Each United
States marshal shall be an official of the Service and shall
serve under the direction of the Director.
(d) Each marshal shall be appointed for a term of four years.
A marshal shall, unless that marshal has resigned or been
removed by the President, continue to perform the duties of
that office after the end of that 4-year term until a successor
is appointed and qualifies.
(e) The Director shall designate places within a judicial
district for the official station and offices of each marshal.
Each marshal shall reside within the district for which such
marshal is appointed, except that--
[(1) the marshal for the District of Columbia, for
the Superior Court of the District of Columbia, and for
the Southern District of New York may reside within 20
miles of the district for which the marshal is
appointed; and]
(1) the marshal for the Southern District of New York
may reside within 20 miles of the district; and
(2) any marshal appointed for the Northern Mariana
Islands who at the same time is serving as marshal in
another district may reside in such other district.
(f) The Director is authorized to appoint and fix the
compensation of such employees as are necessary to carry out
the powers and duties of the Service and may designate such
employees as law enforcement officers in accordance with such
policies and procedures as the Director shall establish
pursuant to the applicable provisions of title 5 and
regulations issued thereunder.
(g) The Director shall supervise and direct the United States
Marshals Service in the performance of its duties.
(h) The Director may administer oaths and may take
affirmations of officials and employees of the Service, but
shall not demand or accept any fee or compensation therefor.
(i) Each marshal appointed under this section should have--
(1) a minimum of 4 years of command-level law
enforcement management duties, including personnel,
budget, and accountable property issues, in a police
department, sheriff's office or Federal law enforcement
agency;
(2) experience in coordinating with other law
enforcement agencies, particularly at the State and
local level;
(3) college-level academic experience; and
(4) experience in or with county, State, and Federal
court systems or experience with protection of court
personnel, jurors, and witnesses.
* * * * * * *
CHAPTER 39--UNITED STATES TRUSTEES
* * * * * * *
Sec. 581. United States trustees
(a) The Attorney General shall appoint one United States
trustee for each of the following regions composed of Federal
judicial districts (without regard to section 451):
(1) The judicial districts established for the States
of Maine, Massachusetts, New Hampshire, and Rhode
Island.
(2) The judicial districts established for the States
of Connecticut, New York, and Vermont.
(3) The judicial districts established for the States
of Delaware, New Jersey, and Pennsylvania.
(4) The judicial districts established for the States
of Maryland, North Carolina, South Carolina, Virginia,
and West Virginia and for [the District of Columbia]
the Capital and Washington, Douglass Commonwealth.
(5) The judicial districts established for the States
of Louisiana and Mississippi.
(6) The Northern District of Texas and the Eastern
District of Texas.
(7) The Southern District of Texas and the Western
District of Texas.
(8) The judicial districts established for the States
of Kentucky and Tennessee.
(9) The judicial districts established for the States
of Michigan and Ohio.
(10) The Central District of Illinois and the
Southern District of Illinois; and the judicial
districts established for the State of Indiana.
(11) The Northern District of Illinois; and the
judicial districts established for the State of
Wisconsin.
(12) The judicial districts established for the
States of Minnesota, Iowa, North Dakota, and South
Dakota.
(13) The judicial districts established for the
States of Arkansas, Nebraska, and Missouri.
(14) The District of Arizona.
(15) The Southern District of California; and the
judicial districts established for the State of Hawaii,
and for Guam and the Commonwealth of the Northern
Mariana Islands.
(16) The Central District of California.
(17) The Eastern District of California and the
Northern District of California; and the judicial
district established for the State of Nevada.
(18) The judicial districts established for the
States of Alaska, Idaho (exclusive of Yellowstone
National Park), Montana (exclusive of Yellowstone
National Park), Oregon, and Washington.
(19) The judicial districts established for the
States of Colorado, Utah, and Wyoming (including those
portions of Yellowstone National Park situated in the
States of Montana and Idaho).
(20) The judicial districts established for the
States of Kansas, New Mexico, and Oklahoma.
(21) The judicial districts established for the
States of Alabama, Florida, and Georgia and for the
Commonwealth of Puerto Rico and the Virgin Islands of
the United States.
(b) Each United States trustee shall be appointed for a term
of five years. On the expiration of his term, a United States
trustee shall continue to perform the duties of his office
until his successor is appointed and qualifies.
(c) Each United States trustee is subject to removal by the
Attorney General.
* * * * * * *
CHAPTER 40--INDEPENDENT COUNSEL
* * * * * * *
Sec. 594. Authority and duties of an independent counsel
(a) Authorities.--Notwithstanding any other provision of law,
an independent counsel appointed under this chapter shall have,
with respect to all matters in such independent counsel's
prosecutorial jurisdiction established under this chapter, full
power and independent authority to exercise all investigative
and prosecutorial functions and powers of the Department of
Justice, the Attorney General, and any other officer or
employee of the Department of Justice, except that the Attorney
General shall exercise direction or control as to those matters
that specifically require the Attorney General's personal
action under section 2516 of title 18. Such investigative and
prosecutorial functions and powers shall include--
(1) conducting proceedings before grand juries and
other investigations;
(2) participating in court proceedings and engaging
in any litigation, including civil and criminal
matters, that such independent counsel considers
necessary;
(3) appealing any decision of a court in any case or
proceeding in which such independent counsel
participates in an official capacity;
(4) reviewing all documentary evidence available from
any source;
(5) determining whether to contest the assertion of
any testimonial privilege;
(6) receiving appropriate national security
clearances and, if necessary, contesting in court
(including, where appropriate, participating in in
camera proceedings) any claim of privilege or attempt
to withhold evidence on grounds of national security;
(7) making applications to any Federal court for a
grant of immunity to any witness, consistent with
applicable statutory requirements, or for warrants,
subpoenas, or other court orders, and, for purposes of
sections 6003, 6004, and 6005 of title 18, exercising
the authority vested in a United States attorney or the
Attorney General;
(8) inspecting, obtaining, or using the original or a
copy of any tax return, in accordance with the
applicable statutes and regulations, and, for purposes
of section 6103 of the Internal Revenue Code of 1986
and the regulations issued thereunder, exercising the
powers vested in a United States attorney or the
Attorney General;
(9) initiating and conducting prosecutions in any
court of competent jurisdiction, framing and signing
indictments, filing informations, and handling all
aspects of any case, in the name of the United States;
and
(10) consulting with the United States attorney for
the district in which any violation of law with respect
to which the independent counsel is appointed was
alleged to have occurred.
(b) Compensation.--
(1) In general.--An independent counsel appointed
under this chapter shall receive compensation at the
per diem rate equal to the annual rate of basic pay
payable for level IV of the Executive Schedule under
section 5315 of title 5.
(2) Travel expenses.--Except as provided in paragraph
(3), an independent counsel and persons appointed under
subsection (c) shall be entitled to the payment of
travel expenses as provided by subchapter I of chapter
57 of title 5, United States Code, including travel,
per diem, and subsistence expenses in accordance with
section 5703 of title 5.
(3) Travel to primary office.--
(A) In general.--After 1 year of service
under this chapter, an independent counsel and
persons appointed under subsection (c) shall
not be entitled to the payment of travel, per
diem, or subsistence expenses under subchapter
I of chapter 57 of title 5, United States Code,
for the purpose of commuting to or from the
city in which the primary office of the
independent counsel or person is located. The
1-year period may be extended for successive 6-
month periods if the independent counsel and
the division of the court certify that the
payment is in the public interest to carry out
the purposes of this chapter.
(B) Relevant factors.--In making any
certification under this paragraph with respect
to travel and subsistence expenses of an
independent counsel or person appointed under
subsection (c), the independent counsel and the
division of the court shall consider, among
other relevant factors--
(i) the cost to the Government of
reimbursing such travel and subsistence
expenses;
(ii) the period of time for which the
independent counsel anticipates that
the activities of the independent
counsel or person, as the case may be,
will continue;
(iii) the personal and financial
burdens on the independent counsel or
person, as the case may be, of
relocating so that such travel and
subsistence expenses would not be
incurred; and
(iv) the burdens associated with
appointing a new independent counsel,
or appointing another person under
subsection (c), to replace the
individual involved who is unable or
unwilling to so relocate.
(c) Additional Personnel.--For the purposes of carrying out
the duties of an office of independent counsel, such
independent counsel may appoint, fix the compensation, and
assign the duties of such employees as such independent counsel
considers necessary (including investigators, attorneys, and
part-time consultants). The positions of all such employees are
exempted from the competitive service. Such employees shall be
compensated at levels not to exceed those payable for
comparable positions in the Office of United States Attorney
for [the District of Columbia] Washington, Douglass
Commonwealth and the Capital under sections 548 and 550, but in
no event shall any such employee be compensated at a rate
greater than the rate of basic pay payable for level ES-4 of
the Senior Executive Service Schedule under section 5382 of
title 5, as adjusted for [the District of Columbia] Washington,
Douglass Commonwealth under section 5304 of that title
regardless of the locality in which an employee is employed.
(d) Assistance of Department of Justice.--
(1) In carrying out functions.--An independent
counsel may request assistance from the Department of
Justice in carrying out the functions of the
independent counsel, and the Department of Justice
shall provide that assistance, which may include access
to any records, files, or other materials relevant to
matters within such independent counsel's prosecutorial
jurisdiction, and the use of the resources and
personnel necessary to perform such independent
counsel's duties. At the request of an independent
counsel, prosecutors, administrative personnel, and
other employees of the Department of Justice may be
detailed to the staff of the independent counsel.
(2) Payment of and reports on expenditures of
independent counsel.--The Department of Justice shall
pay all costs relating to the establishment and
operation of any office of independent counsel. The
Attorney General shall submit to the Congress, not
later than 30 days after the end of each fiscal year, a
report on amounts paid during that fiscal year for
expenses of investigations and prosecutions by
independent counsel. Each such report shall include a
statement of all payments made for activities of
independent counsel but may not reveal the identity or
prosecutorial jurisdiction of any independent counsel
which has not been disclosed under section 593(b)(4).
(e) Referral of Other Matters to an Independent Counsel.--An
independent counsel may ask the Attorney General or the
division of the court to refer to the independent counsel
matters related to the independent counsel's prosecutorial
jurisdiction, and the Attorney General or the division of the
court, as the case may be, may refer such matters. If the
Attorney General refers a matter to an independent counsel on
the Attorney General's own initiative, the independent counsel
may accept such referral if the matter relates to the
independent counsel's prosecutorial jurisdiction. If the
Attorney General refers any matter to the independent counsel
pursuant to the independent counsel's request, or if the
independent counsel accepts a referral made by the Attorney
General on the Attorney General's own initiative, the
independent counsel shall so notify the division of the court.
(f) Compliance With Policies of the Department of Justice.--
(1) In general.--An independent counsel shall, except
to the extent that to do so would be inconsistent with
the purposes of this chapter, comply with the written
or other established policies of the Department of
Justice respecting enforcement of the criminal laws. To
determine these policies and policies under subsection
(l)(1)(B), the independent counsel shall, except to the
extent that doing so would be inconsistent with the
purposes of this chapter, consult with the Department
of Justice.
(2) National security.--An independent counsel shall
comply with guidelines and procedures used by the
Department in the handling and use of classified
material.
(g) Dismissal of Matters.--The independent counsel shall have
full authority to dismiss matters within the independent
counsel's prosecutorial jurisdiction without conducting an
investigation or at any subsequent time before prosecution, if
to do so would be consistent with the written or other
established policies of the Department of Justice with respect
to the enforcement of criminal laws.
(h) Reports by Independent Counsel.--
(1) Required reports.--An independent counsel shall--
(A) file with the division of the court, with
respect to the 6-month period beginning on the
date of his or her appointment, and with
respect to each 6-month period thereafter until
the office of that independent counsel
terminates, a report which identifies and
explains major expenses, and summarizes all
other expenses, incurred by that office during
the 6-month period with respect to which the
report is filed, and estimates future expenses
of that office; and
(B) before the termination of the independent
counsel's office under section 596(b), file a
final report with the division of the court,
setting forth fully and completely a
description of the work of the independent
counsel, including the disposition of all cases
brought.
(2) Disclosure of information in reports.--The
division of the court may release to the Congress, the
public, or any appropriate person, such portions of a
report made under this subsection as the division of
the court considers appropriate. The division of the
court shall make such orders as are appropriate to
protect the rights of any individual named in such
report and to prevent undue interference with any
pending prosecution. The division of the court may make
any portion of a final report filed under paragraph
(1)(B) available to any individual named in such report
for the purposes of receiving within a time limit set
by the division of the court any comments or factual
information that such individual may submit. Such
comments and factual information, in whole or in part,
may, in the discretion of the division of the court, be
included as an appendix to such final report.
(3) Publication of reports.--At the request of an
independent counsel, the Director of the Government
Publishing Office shall cause to be printed any report
previously released to the public under paragraph (2).
The independent counsel shall certify the number of
copies necessary for the public, and the Director of
the Government Publishing Office shall place the cost
of the required number to the debit of such independent
counsel. Additional copies shall be made available to
the public through the depository library program and
Superintendent of Documents sales program pursuant to
sections 1702 and 1903 of title 44.
(i) Independence From Department of Justice.--Each
independent counsel appointed under this chapter, and the
persons appointed by that independent counsel under subsection
(c), are separate from and independent of the Department of
Justice for purposes of sections 202 through 209 of title 18.
(j) Standards of Conduct Applicable to Independent Counsel,
Persons Serving in the Office of an Independent Counsel, and
Their Law Firms.--
(1) Restrictions on employment while independent
counsel and appointees are serving.--(A) During the
period in which an independent counsel is serving under
this chapter--
(i) such independent counsel, and
(ii) any person associated with a firm with
which such independent counsel is associated,
may not represent in any matter any person involved in
any investigation or prosecution under this chapter.
(B) During the period in which any person appointed
by an independent counsel under subsection (c) is
serving in the office of independent counsel, such
person may not represent in any matter any person
involved in any investigation or prosecution under this
chapter.
(2) Post employment restrictions on independent
counsel and appointees.--(A) Each independent counsel
and each person appointed by that independent counsel
under subsection (c) may not, for 3 years following the
termination of the service under this chapter of that
independent counsel or appointed person, as the case
may be, represent any person in any matter if that
individual was the subject of an investigation or
prosecution under this chapter that was conducted by
that independent counsel.
(B) Each independent counsel and each person
appointed by that independent counsel under subsection
(c) may not, for 1 year following the termination of
the service under this chapter of that independent
counsel or appointed person, as the case may be,
represent any person in any matter involving any
investigation or prosecution under this chapter.
(3) One-year ban on representation by members of
firms of independent counsel.--Any person who is
associated with a firm with which an independent
counsel is associated or becomes associated after
termination of the service of that independent counsel
under this chapter may not, for 1 year following such
termination, represent any person in any matter
involving any investigation or prosecution under this
chapter.
(4) Definitions.--For purposes of this subsection--
(A) the term ``firm'' means a law firm
whether organized as a partnership or
corporation; and
(B) a person is ``associated'' with a firm if
that person is an officer, director, partner,
or other member or employee of that firm.
(5) Enforcement.--The Attorney General and the
Director of the Office of Government Ethics have
authority to enforce compliance with this subsection.
(k) Custody of Records of an Independent Counsel.--
(1) Transfer of records.--Upon termination of the
office of an independent counsel, that independent
counsel shall transfer to the Archivist of the United
States all records which have been created or received
by that office. Before this transfer, the independent
counsel shall clearly identify which of these records
are subject to rule 6(e) of the Federal Rules of
Criminal Procedure as grand jury materials and which of
these records have been classified as national security
information. Any records which were compiled by an
independent counsel and, upon termination of the
independent counsel's office, were stored with the
division of the court or elsewhere before the enactment
of the Independent Counsel Reauthorization Act of 1987,
shall also be transferred to the Archivist of the
United States by the division of the court or the
person in possession of such records.
(2) Maintenance, use, and disposal of records.--
Records transferred to the Archivist under this chapter
shall be maintained, used, and disposed of in
accordance with chapters 21, 29, and 33 of title 44.
(3) Access to records.--
(A) In general.--Subject to paragraph (4),
access to the records transferred to the
Archivist under this chapter shall be governed
by section 552 of title 5.
(B) Access by department of justice.--The
Archivist shall, upon written application by
the Attorney General, disclose any such records
to the Department of Justice for purposes of an
ongoing law enforcement investigation or court
proceeding, except that, in the case of grand
jury materials, such records shall be so
disclosed only by order of the court of
jurisdiction under rule 6(e) of the Federal
Rules of Criminal Procedure.
(C) Exception.--Notwithstanding any
restriction on access imposed by law, the
Archivist and persons employed by the National
Archives and Records Administration who are
engaged in the performance of normal archival
work shall be permitted access to the records
transferred to the Archivist under this
chapter.
(4) Records provided by congress.--Records of an
investigation conducted by a committee of the House of
Representatives or the Senate which are provided to an
independent counsel to assist in an investigation or
prosecution conducted by that independent counsel--
(A) shall be maintained as a separate body of
records within the records of the independent
counsel; and
(B) shall, after the records have been
transferred to the Archivist under this
chapter, be made available, except as provided
in paragraph (3)(B) and (C), in accordance with
the rules governing release of the records of
the House of Congress that provided the records
to the independent counsel.
Subparagraph (B) shall not apply to those records which
have been surrendered pursuant to grand jury or court
proceedings.
(l) Cost Controls and Administrative Support.--
(1) Cost controls.--
(A) In general.--An independent counsel
shall--
(i) conduct all activities with due
regard for expense;
(ii) authorize only reasonable and
lawful expenditures; and
(iii) promptly, upon taking office,
assign to a specific employee the duty
of certifying that expenditures of the
independent counsel are reasonable and
made in accordance with law.
(B) Liability for invalid certification.--An
employee making a certification under
subparagraph (A)(iii) shall be liable for an
invalid certification to the same extent as a
certifying official certifying a voucher is
liable under section 3528 of title 31.
(C) Department of justice policies.--An
independent counsel shall comply with the
established policies of the Department of
Justice respecting expenditures of funds,
except to the extent that compliance would be
inconsistent with the purposes of this chapter.
(2) Administrative support.--The Director of the
Administrative Office of the United States Courts shall
provide administrative support and guidance to each
independent counsel. No officer or employee of the
Administrative Office of the United States Courts shall
disclose information related to an independent
counsel's expenditures, personnel, or administrative
acts or arrangements without the authorization of the
independent counsel.
(3) Office space.--The Administrator of General
Services, in consultation with the Director of the
Administrative Office of the United States Courts,
shall promptly provide appropriate office space for
each independent counsel. Such office space shall be
within a Federal building unless the Administrator of
General Services determines that other arrangements
would cost less. Until such office space is provided,
the Administrative Office of the United States Courts
shall provide newly appointed independent counsels
immediately upon appointment with appropriate,
temporary office space, equipment, and supplies.
* * * * * * *
Sec. 596. Removal of an independent counsel; termination of office
(a) Removal; Report on Removal.--
(1) Grounds for removal.--An independent counsel
appointed under this chapter may be removed from
office, other than by impeachment and conviction, only
by the personal action of the Attorney General and only
for good cause, physical or mental disability (if not
prohibited by law protecting persons from
discrimination on the basis of such a disability),, or
any other condition that substantially impairs the
performance of such independent counsel's duties.
(2) Report to division of the court and congress.--If
an independent counsel is removed from office, the
Attorney General shall promptly submit to the division
of the court and the Committees on the Judiciary of the
Senate and the House of Representatives a report
specifying the facts found and the ultimate grounds for
such removal. The committees shall make available to
the public such report, except that each committee may,
if necessary to protect the rights of any individual
named in the report or to prevent undue interference
with any pending prosecution, postpone or refrain from
publishing any or all of the report. The division of
the court may release any or all of such report in
accordance with section 594(h)(2).
(3) Judicial review of removal.--An independent
counsel removed from office may obtain judicial review
of the removal in a civil action commenced in the
United States District Court for [the District of
Columbia] Washington, Douglass Commonwealth and the
Capital. A member of the division of the court may not
hear or determine any such civil action or any appeal
of a decision in any such civil action. The independent
counsel may be reinstated or granted other appropriate
relief by order of the court.
(b) Termination of Office.--
(1) Termination by action of independent counsel.--An
office of independent counsel shall terminate when--
(A) the independent counsel notifies the
Attorney General that the investigation of all
matters within the prosecutorial jurisdiction
of such independent counsel or accepted by such
independent counsel under section 594(e), and
any resulting prosecutions, have been completed
or so substantially completed that it would be
appropriate for the Department of Justice to
complete such investigations and prosecutions;
and
(B) the independent counsel files a final
report in compliance with section 594(h)(1)(B).
(2) Termination by division of the court.--The
division of the court, either on its own motion or upon
the request of the Attorney General, may terminate an
office of independent counsel at any time, on the
ground that the investigation of all matters within the
prosecutorial jurisdiction of such independent counsel
or accepted by such independent counsel under section
594(e), and any resulting prosecutions, have been
completed or so substantially completed that it would
be appropriate for the Department of Justice to
complete such investigations and prosecutions. At the
time of such termination, the independent counsel shall
file the final report required by section 594(h)(1)(B).
If the Attorney General has not made a request under
this paragraph, the division of the court shall
determine on its own motion whether termination is
appropriate under this paragraph no later than 2 years
after the appointment of an independent counsel, at the
end of the succeeding 2-year period, and thereafter at
the end of each succeeding 1-year period.
(c) Audits.--(1) On or before June 30 of each year, an
independent counsel shall prepare a statement of expenditures
for the 6 months that ended on the immediately preceding March
31. On or before December 31 of each year, an independent
counsel shall prepare a statement of expenditures for the
fiscal year that ended on the immediately preceding September
30. An independent counsel whose office is terminated prior to
the end of the fiscal year shall prepare a statement of
expenditures on or before the date that is 90 days after the
date on which the office is terminated.
(2) The Comptroller General shall--
(A) conduct a financial review of a mid-year
statement and a financial audit of a year-end statement
and statement on termination; and
(B) report the results to the Committee on the
Judiciary, Committee on Governmental Affairs, and
Committee on Appropriations of the Senate and the
Committee on the Judiciary, Committee on Government
Operations, and Committee on Appropriations of the
House of Representatives not later than 90 days
following the submission of each such statement.
* * * * * * *
PART III--COURT OFFICERS AND EMPLOYEES
* * * * * * *
CHAPTER 49--DISTRICT COURTS
* * * * * * *
Sec. 751. Clerks
(a) Each district court may appoint a clerk who shall be
subject to removal by the court.
(b) The clerk may appoint, with the approval of the court,
necessary deputies, clerical assistants and employees in such
number as may be approved by the Director of the Administrative
Office of the United States Courts. Such deputies, clerical
assistants and employees shall be subject to removal by the
clerk with the approval of the court.
(c) The clerk of each district court shall reside in the
district for which he is appointed, except that the clerk of
the district court for [the District of Columbia and] the
Southern District of New York may reside within twenty miles
thereof. The district court may designate places within the
district for the offices of the clerk and his deputies, and
their official stations.
(d) A clerk of a district court or his deputy or assistant
shall not receive any compensation or emoluments through any
office or position to which he is appointed by the court, other
than that received as such clerk, deputy or assistant, whether
from the United States or from private litigants.
This subsection shall not apply to clerks or deputy clerks
appointed as United States magistrate judges pursuant to
section 631 of this title.
(e) The clerk of each district court shall pay into the
Treasury all fees, costs and other moneys collected by him,
except naturalization fees listed in section 742 of Title 8 and
uncollected fees not required by Act of Congress to be prepaid.
He shall make returns thereof to the Director of the
Administrative Office of the United States Courts under
regulations prescribed by him.
(f) When the Court of International Trade is sitting in a
judicial district, other than the Southern District or Eastern
District of New York, the clerk of the district court of such
judicial district or an authorized deputy clerk, upon the
request of the chief judge of the Court of International Trade
and with the approval of such district court, shall act in the
district as clerk of the Court of International Trade, as
prescribed by the rules and orders of the Court of
International Trade for all purposes relating to the civil
action then pending before such court.
* * * * * * *
CHAPTER 51--UNITED STATES COURT OF FEDERAL CLAIMS
* * * * * * *
Sec. 798. Places of holding court; appointment of special masters
(a) The United States Court of Federal Claims is authorized
to use facilities and hold court in [Washington, District of
Columbia] the Capital, and throughout the United States
(including its territories and possessions) as necessary for
compliance with sections 173 and 2503(c) of this title. The
facilities of the Federal courts, as well as other comparable
facilities administered by the General Services Administration,
shall be made available for trials and other proceedings
outside of [the District of Columbia] the Capital.
(b) Upon application of a party or upon the judge's own
initiative, and upon a showing that the interests of economy,
efficiency, and justice will be served, the chief judge of the
Court of Federal Claims may issue an order authorizing a judge
of the court to conduct proceedings, including evidentiary
hearings and trials, in a foreign country whose laws do not
prohibit such proceedings, except that an interlocutory appeal
may be taken from such an order pursuant to section 1292(d)(2)
of this title, and the United States Court of Appeals for the
Federal Circuit may, in its discretion, consider the appeal.
(c) The chief judge of the Court of Federal Claims may
appoint special masters to assist the court in carrying out its
functions. Any special masters so appointed shall carry out
their responsibilities and be compensated in accordance with
procedures set forth in the rules of the court.
* * * * * * *
PART IV--JURISDICTION AND VENUE
* * * * * * *
CHAPTER 85--DISTRICT COURTS; JURISDICTION
* * * * * * *
Sec. 1346. United States as defendant
(a) The district courts shall have original jurisdiction,
concurrent with the United States Court of Federal Claims, of:
(1) Any civil action against the United States for
the recovery of any internal-revenue tax alleged to
have been erroneously or illegally assessed or
collected, or any penalty claimed to have been
collected without authority or any sum alleged to have
been excessive or in any manner wrongfully collected
under the internal-revenue laws;
(2) Any other civil action or claim against the
United States, not exceeding $10,000 in amount, founded
either upon the Constitution, or any Act of Congress,
or any regulation of an executive department, or upon
any express or implied contract with the United States,
or for liquidated or unliquidated damages in cases not
sounding in tort, except that the district courts shall
not have jurisdiction of any civil action or claim
against the United States founded upon any express or
implied contract with the United States or for
liquidated or unliquidated damages in cases not
sounding in tort which are subject to sections
7104(b)(1) and 7107(a)(1) of title 41. For the purpose
of this paragraph, an express or implied contract with
the Army and Air Force Exchange Service, Navy
Exchanges, Marine Corps Exchanges, Coast Guard
Exchanges, or Exchange Councils of the National
Aeronautics and Space Administration shall be
considered an express or implied contract with the
United States.
(b)(1) Subject to the provisions of chapter 171 of this
title, the district courts, together with the United States
District Court for the District of the Canal Zone and the
District Court of the Virgin Islands, shall have exclusive
jurisdiction of civil actions on claims against the United
States, for money damages, accruing on and after January 1,
1945, for injury or loss of property, or personal injury or
death caused by the negligent or wrongful act or omission of
any employee of the Government while acting within the scope of
his office or employment, under circumstances where the United
States, if a private person, would be liable to the claimant in
accordance with the law of the place where the act or omission
occurred.
(2) No person convicted of a felony who is incarcerated while
awaiting sentencing or while serving a sentence may bring a
civil action against the United States or an agency, officer,
or employee of the Government, for mental or emotional injury
suffered while in custody without a prior showing of physical
injury or the commission of a sexual act (as defined in section
2246 of title 18).
(c) The jurisdiction conferred by this section includes
jurisdiction of any set-off, counterclaim, or other claim or
demand whatever on the part of the United States against any
plaintiff commencing an action under this section.
(d) The district courts shall not have jurisdiction under
this section of any civil action or claim for a pension.
(e) The district courts shall have original jurisdiction of
any civil action against the United States provided in section
6226, 6228(a), 7426, or 7428 (in the case of the United States
district court for [the District of Columbia] Washington,
Douglass Commonwealth and the Capital) or section 7429 of the
Internal Revenue Code of 1986.
(f) The district courts shall have exclusive original
jurisdiction of civil actions under section 2409a to quiet
title to an estate or interest in real property in which an
interest is claimed by the United States.
(g) Subject to the provisions of chapter 179, the district
courts of the United States shall have exclusive jurisdiction
over any civil action commenced under section 453(2) of title
3, by a covered employee under chapter 5 of such title.
* * * * * * *
Sec. 1355. Fine, penalty or forfeiture
(a) The district courts shall have original jurisdiction,
exclusive of the courts of the States, of any action or
proceeding for the recovery or enforcement of any fine,
penalty, or forfeiture, pecuniary or otherwise, incurred under
any Act of Congress, except matters within the jurisdiction of
the Court of International Trade under section 1582 of this
title.
(b)(1) A forfeiture action or proceeding may be brought in--
(A) the district court for the district in which any
of the acts or omissions giving rise to the forfeiture
occurred, or
(B) any other district where venue for the forfeiture
action or proceeding is specifically provided for in
section 1395 of this title or any other statute.
(2) Whenever property subject to forfeiture under the laws of
the United States is located in a foreign country, or has been
detained or seized pursuant to legal process or competent
authority of a foreign government, an action or proceeding for
forfeiture may be brought as provided in paragraph (1), or in
the United States District court for [the District of Columbia]
Washington, Douglass Commonwealth and the Capital.
(c) In any case in which a final order disposing of property
in a civil forfeiture action or proceeding is appealed, removal
of the property by the prevailing party shall not deprive the
court of jurisdiction. Upon motion of the appealing party, the
district court or the court of appeals shall issue any order
necessary to preserve the right of the appealing party to the
full value of the property at issue, including a stay of the
judgment of the district court pending appeal or requiring the
prevailing party to post an appeal bond.
(d) Any court with jurisdiction over a forfeiture action
pursuant to subsection (b) may issue and cause to be served in
any other district such process as may be required to bring
before the court the property that is the subject of the
forfeiture action.
* * * * * * *
CHAPTER 87--DISTRICT COURTS; VENUE
* * * * * * *
Sec. 1391. Venue generally
(a) Applicability of Section.--Except as otherwise provided
by law--
(1) this section shall govern the venue of all civil
actions brought in district courts of the United
States; and
(2) the proper venue for a civil action shall be
determined without regard to whether the action is
local or transitory in nature.
(b) Venue in General.--A civil action may be brought in--
(1) a judicial district in which any defendant
resides, if all defendants are residents of the State
in which the district is located;
(2) a judicial district in which a substantial part
of the events or omissions giving rise to the claim
occurred, or a substantial part of property that is the
subject of the action is situated; or
(3) if there is no district in which an action may
otherwise be brought as provided in this section, any
judicial district in which any defendant is subject to
the court's personal jurisdiction with respect to such
action.
(c) Residency.--For all venue purposes--
(1) a natural person, including an alien lawfully
admitted for permanent residence in the United States,
shall be deemed to reside in the judicial district in
which that person is domiciled;
(2) an entity with the capacity to sue and be sued in
its common name under applicable law, whether or not
incorporated, shall be deemed to reside, if a
defendant, in any judicial district in which such
defendant is subject to the court's personal
jurisdiction with respect to the civil action in
question and, if a plaintiff, only in the judicial
district in which it maintains its principal place of
business; and
(3) a defendant not resident in the United States may
be sued in any judicial district, and the joinder of
such a defendant shall be disregarded in determining
where the action may be brought with respect to other
defendants.
(d) Residency of Corporations in States With Multiple
Districts.--For purposes of venue under this chapter, in a
State which has more than one judicial district and in which a
defendant that is a corporation is subject to personal
jurisdiction at the time an action is commenced, such
corporation shall be deemed to reside in any district in that
State within which its contacts would be sufficient to subject
it to personal jurisdiction if that district were a separate
State, and, if there is no such district, the corporation shall
be deemed to reside in the district within which it has the
most significant contacts.
(e) Actions Where Defendant Is Officer or Employee of the
United States.--
(1) In general.--A civil action in which a defendant
is an officer or employee of the United States or any
agency thereof acting in his official capacity or under
color of legal authority, or an agency of the United
States, or the United States, may, except as otherwise
provided by law, be brought in any judicial district in
which (A) a defendant in the action resides, (B) a
substantial part of the events or omissions giving rise
to the claim occurred, or a substantial part of
property that is the subject of the action is situated,
or (C) the plaintiff resides if no real property is
involved in the action. Additional persons may be
joined as parties to any such action in accordance with
the Federal Rules of Civil Procedure and with such
other venue requirements as would be applicable if the
United States or one of its officers, employees, or
agencies were not a party.
(2) Service.--The summons and complaint in such an
action shall be served as provided by the Federal Rules
of Civil Procedure except that the delivery of the
summons and complaint to the officer or agency as
required by the rules may be made by certified mail
beyond the territorial limits of the district in which
the action is brought.
(f) Civil Actions Against a Foreign State.--A civil action
against a foreign state as defined in section 1603(a) of this
title may be brought--
(1) in any judicial district in which a substantial
part of the events or omissions giving rise to the
claim occurred, or a substantial part of property that
is the subject of the action is situated;
(2) in any judicial district in which the vessel or
cargo of a foreign state is situated, if the claim is
asserted under section 1605(b) of this title;
(3) in any judicial district in which the agency or
instrumentality is licensed to do business or is doing
business, if the action is brought against an agency or
instrumentality of a foreign state as defined in
section 1603(b) of this title; or
(4) in the United States District Court for [the
District of Columbia] Washington, Douglass Commonwealth
and the Capital if the action is brought against a
foreign state or political subdivision thereof.
(g) Multiparty, Multiforum Litigation.--A civil action in
which jurisdiction of the district court is based upon section
1369 of this title may be brought in any district in which any
defendant resides or in which a substantial part of the
accident giving rise to the action took place.
* * * * * * *
Sec. 1402. United States as defendant
(a) Any civil action in a district court against the United
States under subsection (a) of section 1346 of this title may
be prosecuted only:
(1) Except as provided in paragraph (2), in the judicial
district where the plaintiff resides;
(2) In the case of a civil action by a corporation under
paragraph (1) of subsection (a) of section 1346, in the
judicial district in which is located the principal place of
business or principal office or agency of the corporation; or
if it has no principal place of business or principal office or
agency in any judicial district (A) in the judicial district in
which is located the office to which was made the return of the
tax in respect of which the claim is made, or (B) if no return
was made, in the judicial district in which lies [the District
of Columbia] Washington, Douglass Commonwealth and the Capital.
Notwithstanding the foregoing provisions of this paragraph a
district court, for the convenience of the parties and
witnesses, in the interest of justice, may transfer any such
action to any other district or division.
(b) Any civil action on a tort claim against the United
States under subsection (b) of section 1346 of this title may
be prosecuted only in the judicial district where the plaintiff
resides or wherein the act or omission complained of occurred.
(c) Any civil action against the United States under
subsection (e) of section 1346 of this title may be prosecuted
only in the judicial district where the property is situated at
the time of levy, or if no levy is made, in the judicial
district in which the event occurred which gave rise to the
cause of action.
(d) Any civil action under section 2409a to quiet title to an
estate or interest in real property in which an interest is
claimed by the United States shall be brought in the district
court of the district where the property is located or, if
located in different districts, in any of such districts.
* * * * * * *
Sec. 1413. Venue of cases under chapter 5 of title 3
Notwithstanding the preceding provisions of this chapter, a
civil action under section 1346(g) may be brought in the United
States district court for the district in which the employee is
employed or in the United States District Court for [the
District of Columbia] Washington, Douglass Commonwealth and the
Capital.
* * * * * * *
CHAPTER 97--JURISDICTIONAL IMMUNITIES OF FOREIGN STATES
* * * * * * *
Sec. 1608. Service; time to answer; default
(a) Service in the courts of the United States and of the
States shall be made upon a foreign state or political
subdivision of a foreign state:
(1) by delivery of a copy of the summons and
complaint in accordance with any special arrangement
for service between the plaintiff and the foreign state
or political subdivision; or
(2) if no special arrangement exists, by delivery of
a copy of the summons and complaint in accordance with
an applicable international convention on service of
judicial documents; or
(3) if service cannot be made under paragraphs (1) or
(2), by sending a copy of the summons and complaint and
a notice of suit, together with a translation of each
into the official language of the foreign state, by any
form of mail requiring a signed receipt, to be
addressed and dispatched by the clerk of the court to
the head of the ministry of foreign affairs of the
foreign state concerned, or
(4) if service cannot be made within 30 days under
paragraph (3), by sending two copies of the summons and
complaint and a notice of suit, together with a
translation of each into the official language of the
foreign state, by any form of mail requiring a signed
receipt, to be addressed and dispatched by the clerk of
the court to the Secretary of State in [Washington,
District of Columbia] the Capital, to the attention of
the Director of Special Consular Services--and the
Secretary shall transmit one copy of the papers through
diplomatic channels to the foreign state and shall send
to the clerk of the court a certified copy of the
diplomatic note indicating when the papers were
transmitted.
As used in this subsection, a ``notice of suit'' shall mean a
notice addressed to a foreign state and in a form prescribed by
the Secretary of State by regulation.
(b) Service in the courts of the United States and of the
States shall be made upon an agency or instrumentality of a
foreign state:
(1) by delivery of a copy of the summons and
complaint in accordance with any special arrangement
for service between the plaintiff and the agency or
instrumentality; or
(2) if no special arrangement exists, by delivery of
a copy of the summons and complaint either to an
officer, a managing or general agent, or to any other
agent authorized by appointment or by law to receive
service of process in the United States; or in
accordance with an applicable international convention
on service of judicial documents; or
(3) if service cannot be made under paragraphs (1) or
(2), and if reasonably calculated to give actual
notice, by delivery of a copy of the summons and
complaint, together with a translation of each into the
official language of the foreign state--
(A) as directed by an authority of the
foreign state or political subdivision in
response to a letter rogatory or request or
(B) by any form of mail requiring a signed
receipt, to be addressed and dispatched by the
clerk of the court to the agency or
instrumentality to be served, or
(C) as directed by order of the court
consistent with the law of the place where
service is to be made.
(c) Service shall be deemed to have been made--
(1) in the case of service under subsection (a)(4),
as of the date of transmittal indicated in the
certified copy of the diplomatic note; and
(2) in any other case under this section, as of the
date of receipt indicated in the certification, signed
and returned postal receipt, or other proof of service
applicable to the method of service employed.
(d) In any action brought in a court of the United States or
of a State, a foreign state, a political subdivision thereof,
or an agency or instrumentality of a foreign state shall serve
an answer or other responsive pleading to the complaint within
sixty days after service has been made under this section.
(e) No judgment by default shall be entered by a court of the
United States or of a State against a foreign state, a
political subdivision thereof, or an agency or instrumentality
of a foreign state, unless the claimant establishes his claim
or right to relief by evidence satisfactory to the court. A
copy of any such default judgment shall be sent to the foreign
state or political subdivision in the manner prescribed for
service in this section.
PART VI--PARTICULAR PROCEEDINGS
* * * * * * *
CHAPTER 154--SPECIAL HABEAS CORPUS PROCEDURES IN CAPITAL CASES
* * * * * * *
Sec. 2265. Certification and judicial review
(a) Certification.--
(1) In general.--If requested by an appropriate State
official, the Attorney General of the United States
shall determine--
(A) whether the State has established a
mechanism for the appointment, compensation,
and payment of reasonable litigation expenses
of competent counsel in State postconviction
proceedings brought by indigent prisoners who
have been sentenced to death;
(B) the date on which the mechanism described
in subparagraph (A) was established; and
(C) whether the State provides standards of
competency for the appointment of counsel in
proceedings described in subparagraph (A).
(2) Effective date.--The date the mechanism described
in paragraph (1)(A) was established shall be the
effective date of the certification under this
subsection.
(3) Only express requirements.--There are no
requirements for certification or for application of
this chapter other than those expressly stated in this
chapter.
(b) Regulations.--The Attorney General shall promulgate
regulations to implement the certification procedure under
subsection (a).
(c) Review of Certification.--
(1) In general.--The determination by the Attorney
General regarding whether to certify a State under this
section is subject to review exclusively as provided
under chapter 158 of this title.
(2) Venue.--The Court of Appeals for [the District of
Columbia Circuit] the Capital Circuit shall have
exclusive jurisdiction over matters under paragraph
(1), subject to review by the Supreme Court under
section 2350 of this title.
(3) Standard of review.--The determination by the
Attorney General regarding whether to certify a State
under this section shall be subject to de novo review.
* * * * * * *
CHAPTER 158--ORDERS OF FEDERAL AGENCIES; REVIEW
* * * * * * *
Sec. 2343. Venue
The venue of a proceeding under this chapter is in the
judicial circuit in which the petitioner resides or has its
principal office, or in the United States Court of Appeals for
[the District of Columbia Circuit] the Capital Circuit.
* * * * * * *
CHAPTER 161--UNITED STATES AS PARTY GENERALLY
* * * * * * *
Sec. 2410. Actions affecting property on which United States has lien
(a) Under the conditions prescribed in this section and
section 1444 of this title for the protection of the United
States, the United States may be named a party in any civil
action or suit in any district court, or in any State court
having jurisdiction of the subject matter--
(1) to quiet title to,
(2) to foreclose a mortgage or other lien upon,
(3) to partition,
(4) to condemn, or
(5) of interpleader or in the nature of interpleader
with respect to,
real or personal property on which the United States has or
claims a mortgage or other lien.
(b) The complaint or pleading shall set forth with
particularity the nature of the interest or lien of the United
States. In actions or suits involving liens arising under the
internal revenue laws, the complaint or pleading shall include
the name and address of the taxpayer whose liability created
the lien and, if a notice of the tax lien was filed, the
identity of the internal revenue office which filed the notice,
and the date and place such notice of lien was filed. In
actions in the State courts service upon the United States
shall be made by serving the process of the court with a copy
of the complaint upon the United States attorney for the
district in which the action is brought or upon an assistant
United States attorney or clerical employee designated by the
United States attorney in writing filed with the clerk of the
court in which the action is brought and by sending copies of
the process and complaint, by registered mail, or by certified
mail, to the Attorney General of the United States at
[Washington, District of Columbia] the Capital. In such actions
the United States may appear and answer, plead or demur within
sixty days after such service or such further time as the court
may allow.
(c) A judgment or decree in such action or suit shall have
the same effect respecting the discharge of the property from
the mortgage or other lien held by the United States as may be
provided with respect to such matters by the local law of the
place where the court is situated. However, an action to
foreclose a mortgage or other lien, naming the United States as
a party under this section, must seek judicial sale. A sale to
satisfy a lien inferior to one of the United States shall be
made subject to and without disturbing the lien of the United
States, unless the United States consents that the property may
be sold free of its lien and the proceeds divided as the
parties may be entitled. Where a sale of real estate is made to
satisfy a lien prior to that of the United States, the United
States shall have one year from the date of sale within which
to redeem, except that with respect to a lien arising under the
internal revenue laws the period shall be 120 days or the
period allowable for redemption under State law, whichever is
longer, and in any case in which, under the provisions of
section 505 of the Housing Act of 1950, as amended (12 U.S.C.
1701k), and subsection (d) of section 3720 of title 38 of the
United States Code, the right to redeem does not arise, there
shall be no right of redemption. In any case where the debt
owing the United States is due, the United States may ask, by
way of affirmative relief, for the foreclosure of its own lien
and where property is sold to satisfy a first lien held by the
United States, the United States may bid at the sale such sum,
not exceeding the amount of its claim with expenses of sale, as
may be directed by the head (or his delegate) of the department
or agency of the United States which has charge of the
administration of the laws in respect to which the claim of the
United States arises. In any case where the United States is a
bidder at the judicial sale, it may credit the amount
determined to be due it against the amount it bids at such
sales.
(d) In any case in which the United States redeems real
property under this section or section 7425 of the Internal
Revenue Code of 1986, the amount to be paid for such property
shall be the sum of--
(1) the actual amount paid by the purchaser at such
sale (which, in the case of a purchaser who is the
holder of the lien being foreclosed, shall include the
amount of the obligation secured by such lien to the
extent satisfied by reason of such sale),
(2) interest on the amount paid (as determined under
paragraph (1)) at 6 percent per annum from the date of
such sale, and
(3) the amount (if any) equal to the excess of (A)
the expenses necessarily incurred in connection with
such property, over (B) the income from such property
plus (to the extent such property is used by the
purchaser) a reasonable rental value of such property.
(e) Whenever any person has a lien upon any real or personal
property, duly recorded in the jurisdiction in which the
property is located, and a junior lien, other than a tax lien,
in favor of the United States attaches to such property, such
person may make a written request to the officer charged with
the administration of the laws in respect of which the lien of
the United States arises, to have the same extinguished. If
after appropriate investigation, it appears to such officer
that the proceeds from the sale of the property would be
insufficient to wholly or partly satisfy the lien of the United
States, or that the claim of the United States has been
satisfied or by lapse of time or otherwise has become
unenforceable, such officer may issue a certificate releasing
the property from such lien.
* * * * * * *
CHAPTER 163--FINES, PENALTIES AND FORFEITURES
* * * * * * *
Sec. 2467. Enforcement of foreign judgment
(a) Definitions.--In this section--
(1) the term ``foreign nation'' means a country that
has become a party to the United Nations Convention
Against Illicit Traffic in Narcotic Drugs and
Psychotropic Substances (referred to in this section as
the ``United Nations Convention'') or a foreign
jurisdiction with which the United States has a treaty
or other formal international agreement in effect
providing for mutual forfeiture assistance; and
(2) the term ``forfeiture or confiscation judgment''
means a final order of a foreign nation compelling a
person or entity--
(A) to pay a sum of money representing the
proceeds of an offense described in Article 3,
Paragraph 1, of the United Nations Convention,
any violation of foreign law that would
constitute a violation or an offense for which
property could be forfeited under Federal law
if the offense were committed in the United
States, or any foreign offense described in
section 1956(c)(7)(B) of title 18, or property
the value of which corresponds to such
proceeds; or
(B) to forfeit property involved in or
traceable to the commission of such offense.
(b) Review by Attorney General.--
(1) In general.--A foreign nation seeking to have a
forfeiture or confiscation judgment registered and
enforced by a district court of the United States under
this section shall first submit a request to the
Attorney General or the designee of the Attorney
General, which request shall include--
(A) a summary of the facts of the case and a
description of the proceedings that resulted in
the forfeiture or confiscation judgment;
(B) certified copy of the forfeiture or
confiscation judgment;
(C) an affidavit or sworn declaration
establishing that the foreign nation took
steps, in accordance with the principles of due
process, to give notice of the proceedings to
all persons with an interest in the property in
sufficient time to enable such persons to
defend against the charges and that the
judgment rendered is in force and is not
subject to appeal; and
(D) such additional information and evidence
as may be required by the Attorney General or
the designee of the Attorney General.
(2) Certification of request.--The Attorney General
or the designee of the Attorney General shall determine
whether, in the interest of justice, to certify the
request, and such decision shall be final and not
subject to either judicial review or review under
subchapter II of chapter 5, or chapter 7, of title 5
(commonly known as the ``Administrative Procedure
Act'').
(c) Jurisdiction and Venue.--
(1) In general.--If the Attorney General or the
designee of the Attorney General certifies a request
under subsection (b), the United States may file an
application on behalf of a foreign nation in district
court of the United States seeking to enforce the
foreign forfeiture or confiscation judgment as if the
judgment had been entered by a court in the United
States.
(2) Proceedings.--In a proceeding filed under
paragraph (1)--
(A) the United States shall be the applicant
and the defendant or another person or entity
affected by the forfeiture or confiscation
judgment shall be the respondent;
(B) venue shall lie in the district court for
[the District of Columbia] Washington, Douglass
Commonwealth and the Capital or in any other
district in which the defendant or the property
that may be the basis for satisfaction of a
judgment under this section may be found; and
(C) the district court shall have personal
jurisdiction over a defendant residing outside
of the United States if the defendant is served
with process in accordance with rule 4 of the
Federal Rules of Civil Procedure.
(d) Entry and Enforcement of Judgment.--
(1) In general.--The district court shall enter such
orders as may be necessary to enforce the judgment on
behalf of the foreign nation unless the court finds
that--
(A) the judgment was rendered under a system
that provides tribunals or procedures
incompatible with the requirements of due
process of law;
(B) the foreign court lacked personal
jurisdiction over the defendant;
(C) the foreign court lacked jurisdiction
over the subject matter;
(D) the foreign nation did not take steps, in
accordance with the principles of due process,
to give notice of the proceedings to a person
with an interest in the property of the
proceedings in sufficient time to enable him or
her to defend; or
(E) the judgment was obtained by fraud.
(2) Process.--Process to enforce a judgment under
this section shall be in accordance with rule 69(a) of
the Federal Rules of Civil Procedure.
(3) Preservation of property.--
(A) Restraining orders.--
(i) In general.--To preserve the
availability of property subject to
civil or criminal forfeiture under
foreign law, the Government may apply
for, and the court may issue, a
restraining order at any time before or
after the initiation of forfeiture
proceedings by a foreign nation.
(ii) Procedures.--
(I) In general.--A
restraining order under this
subparagraph shall be issued in
a manner consistent with
subparagraphs (A), (C), and (E)
of paragraph (1) and the
procedural due process
protections for a restraining
order under section 983(j) of
title 18.
(II) Application.--For
purposes of applying such
section 983(j)--
(aa) references in
such section 983(j) to
civil forfeiture or the
filing of a complaint
shall be deemed to
refer to the applicable
foreign criminal or
forfeiture proceedings;
and
(bb) the reference in
paragraph (1)(B)(i) of
such section 983(j) to
the United States shall
be deemed to refer to
the foreign nation.
(B) Evidence.--The court, in issuing a
restraining order under subparagraph (A)--
(i) may rely on information set forth
in an affidavit describing the nature
of the proceeding or investigation
underway in the foreign country, and
setting forth a reasonable basis to
believe that the property to be
restrained will be named in a judgment
of forfeiture at the conclusion of such
proceeding; or
(ii) may register and enforce a
restraining order that has been issued
by a court of competent jurisdiction in
the foreign country and certified by
the Attorney General pursuant to
subsection (b)(2).
(C) Limit on grounds for objection.--No
person may object to a restraining order under
subparagraph (A) on any ground that is the
subject of parallel litigation involving the
same property that is pending in a foreign
court.
(e) Finality of Foreign Findings.--In entering orders to
enforce the judgment, the court shall be bound by the findings
of fact to the extent that they are stated in the foreign
forfeiture or confiscation judgment.
(f) Currency Conversion.--The rate of exchange in effect at
the time the suit to enforce is filed by the foreign nation
shall be used in calculating the amount stated in any
forfeiture or confiscation judgment requiring the payment of a
sum of money submitted for registration.
* * * * * * *
----------
TITLE 18, UNITED STATES CODE
* * * * * * *
PART II--CRIMINAL PROCEDURE
* * * * * * *
CHAPTER 207--RELEASE AND DETENTION PENDING JUDICIAL PROCEEDINGS
* * * * * * *
Sec. 3152. Establishment of pretrial services
(a) On and after the date of the enactment of the Pretrial
Services Act of 1982, the Director of the Administrative Office
of the United States Courts (hereinafter in this chapter
referred to as the ``Director'') shall, under the supervision
and direction of the Judicial Conference of the United States,
provide directly, or by contract or otherwise (to such extent
and in such amounts as are provided in appropriation Acts), for
the establishment of pretrial services in each judicial
district [(other than the District of Columbia)] (subject to
subsection (d), other than the District of Columbia). Pretrial
services established under this section shall be supervised by
a chief probation officer appointed under section 3654 of this
title or by a chief pretrial services officer selected under
subsection (c) of this section.
(b) Beginning eighteen months after the date of the enactment
of the Pretrial Services Act of 1982, if an appropriate United
States district court and the circuit judicial council jointly
recommend the establishment under this subsection of pretrial
services in a particular district, pretrial services shall be
established under the general authority of the Administrative
Office of the United States Courts.
(c) The pretrial services established under subsection (b) of
this section shall be supervised by a chief pretrial services
officer appointed by the district court. The chief pretrial
services officer appointed under this subsection shall be an
individual other than one serving under authority of section
3602 of this title.
(d) In the case of the judicial district of Washington,
Douglass Commonwealth and the Capital--
(1) upon the admission of the State of Washington,
Douglass Commonwealth into the Union, the Washington,
Douglass Commonwealth Pretrial Services Agency shall
continue to provide pretrial services in the judicial
district in the same manner and to the same extent as
the District of Columbia Pretrial Services Agency
provided such services in the judicial district of the
District of Columbia as of the day before the date of
the admission of the State into the Union; and
(2) upon the receipt by the President of the
certification from the State of Washington, Douglass
Commonwealth under section 315(b)(4) of the Washington,
D.C. Admission Act that the State has in effect laws
providing for the State to provide pre-trial services,
paragraph (1) shall no longer apply, and the Director
shall provide for the establishment of pretrial
services in the judicial district under this section.
* * * * * * *
----------
DISTRICT OF COLUMBIA DELEGATE ACT
TITLE II--DISTRICT OF COLUMBIA DELEGATE TO THE HOUSE OF REPRESENTATIVES
SHORT TITLE
Sec. 201. This title may be cited as the ``District of
Columbia Delegate Act''.
[DELEGATE TO THE HOUSE OF REPRESENTATIVES
[Sec. 202. (a) The people of the District of Columbia shall
be represented in the House of Representatives by a Delegate,
to be known as the ``Delegate to the House of Representatives
from the District of Columbia'', who shall be elected by the
voters of the District of Columbia in accordance with the
District of Columbia Election Act. The Delegate shall have a
seat in the House of Representatives, with the right of debate,
but not of voting, shall have all the privileges granted a
Representative by section 6 of Article I of the Constitution,
and shall be subject to the same restrictions and regulations
as are imposed by law or rules on Representatives. The Delegate
shall be elected to serve during each Congress.
[(b) No individual may hold the office of Delegate to the
House of Representatives from the District of Columbia unless
on the date of his election--
[(1) he is a qualified elector (as that term is
defined in section 2(2) of the District of Columbia
Election Act) of the District of Columbia;
[(2) he is at least twenty-five years of age;
[(3) he holds no other paid public office; and
[(4) he has resided in the District of Columbia
continuously since the beginning of the three-year
period ending on such date.
He shall forfeit his office upon failure to maintain the
qualifications required by this subsection.]
* * * * * * *
[OTHER PROVISIONS AND AMENDMENTS RELATING TO THE ESTABLISHMENT OF A
DELEGATE TO THE HOUSE OF REPRESENTATIVES FROM THE DISTRICT OF COLUMBIA
[Sec. 204.
[(b) Section 2106 of title 5 of the United States Code is
amended by inserting ``a Delegate from the District of
Columbia,'' immediately after ``House of Representatives,''.
[(c) Sections 4342(a)(5), 6954(a)(5), and 9342(a)(5) of
title 10 of the United States Code are each amended by striking
out ``by the Commissioner of that District'' and inserting in
lieu thereof ``by the Delegate to the House of Representatives
from the District of Columbia''.
[(d)(1) Section 201(a) of title 18 of the United States
Code is amended by inserting ``the Delegate from the District
of Columbia,'' immediately after ``Member of Congress,''.
[(2) Sections 203(a)(1) and 204 of title 18 of the United
States Code are each amended by inserting ``Delegate from the
District of Columbia, Delegate Elect from the District of
Columbia,'' immediately after ``Member of Congress Elect,''.
[(3) Section 203(b) of title 18 of the United States Code
is amended by inserting ``Delegate,'' immediately after
``Member,''.
[(4) The last undesignated paragraph of section 591 of
title 18 of the United States Code is amended by inserting
``the District of Columbia and'' immediately after
``includes''.
[(5) Section 594 of title 18 of the United States Code is
amended (1) by striking out ``or'' immediately after
``Senate,'', and (2) by striking out ``Delegates or
Commissioners from the Territories and possessions'' and
inserting in lieu thereof ``Delegate from the District of
Columbia, or Resident Commissioner''.
[(6) Section 595 of title 18 of the United States Code is
amended by striking out ``or Delegate or Resident Commissioner
from any Territory or Possession'' and inserting in lieu
thereof ``Delegate from the District of Columbia, or Resident
Commissioner''.
[(e) Section 11(c) of the Voting Rights Act of 1965 (42
U.S.C. 1973i(c)) is amended by striking out ``or Delegates or
Commissioners from the territories or possessions'' and
inserting in lieu thereof ``Delegate from the District of
Columbia''.
[(f) The second sentence in the second paragraph of section
7 of the District of Columbia Alcoholic Beverage Control Act
(D.C. Code, sec. 25-107) is amended by striking out ``the
presidential election" and inserting in lieu thereof ``any
election''.]
* * * * * * *
----------
DISTRICT OF COLUMBIA ELECTIONS CODE OF 1955
election of electors
Sec. 1. In the District of Columbia electors of President and
Vice President of the United States, [the Delegate to the House
of Representatives,] the members of the State Board of
Education, the members of the Council of the District of
Columbia, the Attorney General for the District of Columbia,
the Mayor and the following officials of political parties in
the District of Columbia shall be elected as provided in this
subchapter:
(1) National committeemen and national
committeewomen;
(2) Delegates to conventions and conferences of
political parties including delegates to nominate
candidates for the Presidency and Vice Presidency of
the United States;
(3) Alternates to the officials referred to in
paragraphs (1) and (2) of this section, where permitted
by political party rules; and
(4) Such members and officials of local committees of
political parties as may be designated by the duly
authorized local committees of such parties for
election at large or by ward in the District of
Columbia.
definitions
Sec. 2. For the purposes of this subchapter:
(1) The term ``District'' means the District of
Columbia.
(2) The term ``qualified elector'' means a person
who:
(A) Is at least 17 years of age and who will
be 18 years of age on or before the next
general election;
(B) Is a citizen of the United States;
(C) Has maintained a residence in the
District for at least 30 days preceding the
next election and does not claim voting
residence or right to vote in any state or
territory;
(D) Is not incarcerated for a crime that is a
felony in the District; and
(E) Has not been found by a court of law to
be legally incompetent to vote.
(3) The term ``Board'' means the District of Columbia
Board of Elections provided for by section 3.
(4) The term ``ward'' means an election ward
established by the Council.
(5) The term ``State Board of Education'' means the
State Board of Education established by Sec. 38-2651.
[(6) The term ``Delegate'' means the Delegate to the
House of Representatives from the District of
Columbia.]
(7) The term ``felony'' includes any crime committed
in the District of Columbia referred to in Sec. Sec.
1-1001.14, 1-1162.32, and 1-1163.35.
(8) The term ``Council'' or ``Council of the District
of Columbia'' means the Council of the District of
Columbia established pursuant to the District of
Columbia Home Rule Act.
(9) The term ``Mayor'' means the Office of Mayor of
the District of Columbia established pursuant to the
District of Columbia Home Rule Act.
(9A) The term ``Attorney General'' or ``Attorney
General for the District of Columbia'' means the
Attorney General for the District of Columbia provided
for by part D-i of subchapter I of Chapter 3 and Sec.1-
204.35.
(10) The term ``initiative'' means the process by
which the electors of the District of Columbia may
propose laws (except laws appropriating funds) and
present such proposed laws directly to the registered
qualified electors of the District of Columbia for
their approval or disapproval.
(11) The term ``referendum'' means the process by
which the registered qualified electors of the District
of Columbia may suspend acts, or some part or parts of
acts, of the Council of the District of Columbia
(except emergency acts, acts levying taxes, or acts
appropriating funds for the general operating budget)
until such acts or part or parts of acts have been
presented to the registered qualified electors of the
District of Columbia for their approval or rejection.
(12) The term ``recall'' means the process by which
the registered qualified electors of the District of
Columbia may call for the holding of an election to
remove or retain an elected official of the District of
Columbia [(except the Delegate to Congress for the
District of Columbia)] prior to the expiration of his
or her term.
(13) The term ``elected official'' means the Mayor,
the Chairman and members of the Council, the Attorney
General, members of the State Board of Education, [the
Delegate to Congress for the District of Columbia,]
United States Senator and Representative, and advisory
neighborhood commissioners of the District of Columbia.
(14) The term ``printed'' shall include any document
produced by letterpress, offset press, photo
reproduction, multilith, or other mass reproduction
means.
(15) The term ``proposer'' means one or more of the
registered qualified electors of the District of
Columbia, including any entity, the primary purpose of
which is the success or defeat of a political party or
principle, or any question submitted to vote at a
public election by means of an initiative, referendum
or recall as authorized in amendments numbered 1 and 2
to Title IV of the Home Rule Act (Sec. Sec. 1-204.101
to 1-204.115). Such entities shall be treated as a
political committee as defined in Sec. 1-1161.01(44)
for purposes of this subchapter.
(16)(A) The term ``residence,'' for purposes of
voting, means the principal or primary home or place of
abode of a person. Principal or primary home or place
of abode is that home or place in which the person's
habitation is fixed and to which a person, whenever he
or she is absent, has the present intention of
returning after a departure or absence therefrom,
regardless of the duration of the absence.
(B) In determining what is a principal or primary
place of abode of a person the following circumstances
relating to the person may be taken into account:
(i) Business pursuits;
(ii) Employment;
(iii) Income sources;
(iv) Residence for income or other tax
purposes;
(v) Residence of parents, spouse, and
children;
(vi) Leaseholds;
(vii) Situs of personal and real property;
and
(viii) Motor vehicle registration.
(C) A qualified elector who has left his or her home
and gone into another state or territory for a
temporary purpose only shall not be considered to have
lost his or her residence in the District.
(D) If a qualified elector moves to another state or
territory with the intention of making it his or her
permanent home, he or she shall notify the Board, in
writing, and shall be considered to have lost residence
in the District.
(E) No person shall be deemed to have gained or lost
a residence by reason of absence while employed in the
service of the District or the United States
governments, while a student at any institution of
learning, while kept at any institution at public
expense, or while absent from the District with the
intent to have the District remain his or her
residence. If a person is absent from the District, but
intends to maintain residence in the District for
voting purposes, he or she shall not register to vote
in any other state or territory during his or her
absence.
(17) The term ``voter registration agency'' means an
office designated under section 7(d)(1) and the
National Voter Registration Act of 1993 to perform
voter registration activities.
(18) The term ``application distribution agency''
means an agency designated under section 7(d)(14) in
whose office or offices mail voter registration
applications are made available for general
distribution to the public.
(19) The term ``duly registered voter'' means a
registered voter who resides at the address listed on
the Board's records.
(20) The term ``registered qualified elector'' means
a registered voter who resides at the address listed on
the Board's records.
(21) The term ``qualified registered elector'' means
a registered voter who resides at the address listed on
the Board's records.
(22) The term ``voting system'' means:
(A) The combination of mechanical,
electromechanical, or electronic equipment,
including the software, firmware, and
documentation required to program, control, and
support the equipment used to:
(i) Define ballots;
(ii) Cast and count votes;
(iii) Report or display elections
results; and
(iv) Maintain and produce a permanent
record; and
(B) The practices and documentation used to:
(i) Identify system components and
versions of components;
(ii) Test the system during its
development and maintenance;
(iii) Maintain records of system
errors and defects;
(iv) Determine necessary system
changes after the initial qualification
of the system; and
(v) Provide voters with notices,
instructions, forms, paper ballots, or
other materials.
(23) The term ``Help America Vote Act of 2002'' means
the Help America Vote Act of 2002, approved October 29,
2002 (116 Stat. 1666; 42 U.S.C. Sec.15301 et seq.).
(24) The term ``gender identity or expression'' shall
have the same meaning as provided in Sec.2-
1401.02(12A).
(25) ``Election observers'' means persons who witness
the administration of elections, including individuals
representing nonpartisan domestic and international
organizations, including voting rights organizations,
civil rights organizations, and civic organizations.
(26) ``Qualified petition circulator'' means an
individual who is 18 years of age or older and either:
(A) A District resident; or
(B) A resident of another jurisdiction who
has registered with the Board as a petition
circulator and consented to being subject to
the subpoena power of the Board and the
jurisdiction of the Superior Court of the
District of Columbia for the enforcement of
subpoenas without respect to the individual's
place of residence.
(27) The term ``digital voter service system'' means
a website or mobile application that allows an
individual to do the following:
(A) Apply to become a registered voter;
(B) Change the individual's name, address, or
party affiliation in the individual's existing
voter registration record; and
(C) Request an absentee ballot.
(28) The term ``DMV'' means the Department of Motor
Vehicles.
(29) ``Mobile application'' means specialized
software, designed for a mobile device, in which
electronic signatures are collected on an electronic
petition.
(30) ``Mobile device'' means a handheld, portable,
wireless computing device, including a tablet computer
or mobile phone.
* * * * * * *
qualifications of candidates and electors; nomination and election of
[delegate,] chairman of the council, members of council, mayor,
attorney general, and members of state board of education; petition
requirements; arrangement of ballot
Sec. 8. (a)(1) Each candidate for election to the office of
national committeeman or alternate, or national committeewoman
or alternate, and for election as a member or official
designated for election at large under paragraph (4) of section
1, shall be a qualified elector registered under section 7 who
has been nominated for such office, or for election as such
member or official, by a nominating petition:
(A) Signed by not less than 500, or 1%, whichever is
less, of the qualified electors registered under such
section 7, who are of the same political party as the
candidate; and
(B) Filed with the Board not later than the 90th day
before the date of the election held for such office,
member, or official.
(2) In the case of a nominating petition for a candidate for
election as a member or official designated for election from a
ward under paragraph (4) of section 1, such petition shall be
prepared and filed in the same manner as a petition prepared
and filed by a candidate under paragraph (1) of this subsection
and signed by 100, or 1%, whichever is less, of the qualified
electors residing in such ward, registered under section 7, who
are of the same political party as the candidate.
(b)(1)(A) No person shall hold elected office pursuant to
this section unless he or she has been a bona fide resident of
the District of Columbia continuously since the beginning of
the 90-day period ending on the date of the next election, and
is a qualified elector registered under section 7.
(D) Any candidate for the position of Attorney General shall
also meet the qualifications required by Sec.1-301.83 before
the day on which the election for Attorney General is to be
held.
(2) Only qualified petition circulators may circulate
nominating petitions in support of candidates for elected
office pursuant to this subchapter. The Board shall consider
invalid the signatures on any petition sheet that was
circulated by a person who, at the time of circulation, was not
a qualified petition circulator.
(3) All signatures on a petition shall be made by the person
whose signature it purports to be and not by any other person.
Each petition shall contain an affidavit, made under penalty of
perjury, in a form to be determined by the Board and signed by
the circulator of that petition which shall state that the
circulator is a qualified petition circulator and has:
(A) Personally circulated the petition;
(B) Personally witnessed each person sign the petition; and
(C) Inquired from each signer whether he or she is a
registered voter in the same party as the candidate and, where
applicable, whether the signer is registered in and a resident
of the ward from which the candidate seeks election.
(4) Any circulator who knowingly and willfully violates any
provisions of this section, or any regulations promulgated
pursuant to this section, shall upon conviction be subject to a
fine of not more than $10,000, or imprisonment for not more
than 6 months, or both. Each occurrence of a violation of this
section shall constitute a separate offense. Violations of this
section shall be prosecuted in the name of the District of
Columbia by the Corporation Counsel of the District of
Columbia.
(c)(1) In such election of officials referred to in paragraph
(1) of section 1, and in each election of officials designated
for election at large pursuant to paragraph (4) of section 1,
the Board shall arrange the ballot of each party to enable the
registered voters of such party to vote separately or by slate
for each official duly qualified and nominated for election to
such office.
(2) In each election of officials designated, pursuant to
paragraph (4) of section 1, for election from a ward, the Board
shall arrange the ballot of each party to enable the registered
voters of such party, residing in such ward, to vote separately
or by slate for each official duly qualified and nominated from
such ward for election to such office from such ward.
(d) Each political party which had in the next preceding
election year at least 7,500 votes cast in the general election
for a candidate of the party to the office of [Delegate,]
Chairman of the Council, member of the Council, Mayor, or
Attorney General, shall be entitled to elect candidates for
presidential electors, provided that the party has met all
deadlines set out in this subchapter or by regulation for the
submission of a party plan for the election. The executive
committee of the organization recognized by the national
committee of each such party as the official organization of
that party in the District of Columbia shall nominate by
appropriate means the presidential electors for that party.
Nominations shall be made by message to the Board on or before
September 1st next preceding a presidential election.
(e) The names of the candidates of each political party for
President and Vice President shall be placed on the ballot
under the title and device, if any, of that party as designated
by the duly authorized committee of the organization recognized
by the national committee of that party as the official
organization of that party in the District. The form of the
ballot shall be determined by that Board. The position on the
ballot of names of candidates for President and Vice President
shall be determined by lot. The names of persons nominated as
candidates for electors of President and Vice President shall
not appear on the ballot.
(f) A political party which does not qualify under subsection
(d) of this section may have the names of its candidates for
President and Vice President of the United States printed on
the general election ballot provided a petition nominating the
appropriate number of candidates for presidential electors
signed by at least 1 per centum of registered qualified
electors of the District of Columbia, as shown by the records
of the Board as of the 144th day before the date of the
presidential election, is presented to the Board on or before
the 90th day before the date of the presidential election.
(g) No person may be elected to the office of elector of
President and Vice President pursuant to this subchapter
unless: (1) He or she is a registered voter in the District;
and (2) He or she has been a bona fide resident of the District
for a period of 3 years immediately preceding the date of the
presidential election. Each person elected as elector of
President and Vice President shall, in the presence of the
Board, take an oath or solemnly affirm that he or she will vote
for the candidates of the party he or she has been nominated to
represent, and it shall be his or her duty to vote in such
manner in the electoral college.
(h)(1)(A) The [Delegate,] Chairman of the Council, the 4 at-
large members of the Council, Mayor, and Attorney General shall
be elected by the registered qualified electors of the District
of Columbia in a general election. Each candidate for the
office of [Delegate,] Chairman of the Council, the at-large
members of the Council, Mayor, and Attorney General in any
general election shall, except as otherwise provided in
subsection (j) of this section and section 10(d), have been
elected by the registered qualified electors of the District as
such candidate by the next preceding primary election.
(B)(i) A member of the office of Council (other than the
Chairman and any member elected at large) shall be elected in a
general election by the registered qualified electors of the
respective ward of the District from which the individual
seeking such office was elected as a candidate for such office
as provided in sub-subparagraph (ii) of this subparagraph.
(ii) Each candidate for the office of member of the Council
(other than Chairman and at-large members) shall, except as
otherwise provided in subsection (j) of this section and
section 10(d), have been elected as such a candidate, by the
registered qualified electors of the ward of the District from
which such individual was nominated, at the next preceding
primary election to fill such office within that ward.
(2) The nomination and election of any individual to the
office of [Delegate,] Chairman of the Council, member of the
Council, Mayor, and Attorney General shall be governed by the
provisions of this subchapter. No political party shall be
qualified to hold a primary election to select candidates for
election to any such office in a general election unless, in
the next preceding election year, at least 7,500 votes were
cast in the general election for a candidate of such party for
any such office or for its candidates for electors of President
and Vice President.
(i)(1) Each individual in a primary election for candidate
for the office of [Delegate,] Chairman of the Council, at-large
member of the Council, Mayor, or Attorney General shall be
nominated for any such office by a petition:
(A) Filed with the Board not later than 90 days
before the date of such primary election; and
(B) Signed by at least 2,000 registered qualified
electors of the same political party as the nominee, or
by 1 per centum of the duly registered members of such
political party, whichever is less, as shown by the
records of the Board as of the 144th day before the
date of such election.
(2) Each individual in a primary election for candidate for
the office of member of the Council (other than Chairman and
at-large members) shall be nominated for such office by a
petition filed with the Board not later than 90 days before the
date of such primary election, and signed by at least 250
persons, or by 1 per centum of persons (whichever is less, in
the ward from which such individual seeks election) who are
duly registered in such ward under section 7 and who are of the
same political party as the nominee.
(3) For the purpose of computing nominating petition
signature requirements, the Board shall by noon on the 144th
day preceding the election post and make available the exact
number of qualified registered electors in the District by
party, ward, and precinct, as provided in this subsection. The
Board shall make available for public inspection, in the office
of the Board, the entire list of registered electors upon which
such count was based. Such list shall be retained by the Board
until the period for circulating, filing, and challenging
petitions has ended.
(4) A nominating petition for a candidate in a primary
election for any such office may not be circulated for
signature before the 144th day preceding the date of such
election and may not be filed with the Board before the 115th
day preceding such date. The Board may prescribe rules with
respect to the preparation and presentation of nominating
petitions. The Board shall arrange the ballot of each political
party in each such primary election as to enable a voter of
such party to vote for nominated candidates of that party.
(j)(1) A duly qualified candidate for the office of
[Delegate,] Chairman of the Council, member of the Council,
Mayor, or Attorney General, may, subject to the provisions of
this subsection, be nominated directly as such a candidate for
election for such office (including any such election to be
held to fill a vacancy). Such person shall be nominated by
petition: (A) Filed with the Board not less than 90 days before
the date of such general election; and (B) In the case of a
person who is a candidate for the office of member of the
Council (other than the Chairman or an at-large member), signed
by 500 voters who are duly registered under section 7 in the
ward from which the candidate seeks election; and in the case
of a person who is a candidate for the office of [Delegate,]
Chairman of the Council, at-large member of the Council, Mayor,
or Attorney General, signed by duly registered voters equal in
number to 11/2 per centum of the total number of registered
voters in the District, as shown by the records of the Board as
of 144 days before the date of such election, or by 3,000
persons duly registered under section 7, whichever is less. No
signatures on such a petition may be counted which have been
made on such petition more than 144 days before the date of
such election.
(2) Nominations under this subsection for candidates for
election in a general election to any office referred to in
paragraph (1) of this subsection shall be of no force and
effect with respect to any person whose name has appeared on
the ballot of a primary election for that office held within 8
months before the date of such general election.
(3) No person shall be nominated directly as a candidate in
any general election for the office of [Delegate,] Chairman of
the Council, member of the Council, Mayor, Attorney General,
United States Senator, or United States Representative who is
registered to vote as affiliated with a party qualified to
conduct a primary election.
(j-1) Notwithstanding any other provision of law, and
pursuant to the June 4, 2014 Order of the District of Columbia
Court of Appeals in Zukerberg v. D.C. Board of Elections and
Ethics, et al., No. 14-CV-222, the Board shall conduct the 2014
election of the Attorney General consistent with the procedural
requirements for a special election under this subchapter, and
shall have the election of the Attorney General coincide with
the November 4, 2014, general election.
(k)(1) In each general election for the office of member of
the Council (other than the office of the Chairman or an at-
large member), the Board shall arrange the ballots in each ward
to enable a voter registered in that ward to vote for any 1
candidate who:
(A) Has been duly elected by any political party in
the next preceding primary election for such office
from such ward;
(B) Has been duly nominated to fill a vacancy in such
office in such ward pursuant to section 10(d); or
(C) Has been nominated directly as a candidate for
such office in such ward under subsection (j) of this
section.
(2) In each general election for the office of Chairman and
member of the Council at large, the Board shall arrange the
ballots to enable a registered qualified elector to vote for as
many candidates for election as members at large as there are
members at large to be elected in such election, including the
Chairman. Such candidates shall be only those persons who:
(A) Have been duly elected by any political party in
the next preceding primary election for such office;
(B) Have been duly nominated to fill vacancies in
such office pursuant to section 10(d); or
(C) Have been nominated directly as a candidate under
subsection (j) of this section.
(3) In each general election for the office of [Delegate,]
Mayor, and Attorney General, the Board shall arrange the
ballots to enable a registered qualified elector to vote for
any 1 of the candidates for any such office who:
(A) Has been duly elected by any political party in
the next preceding primary election for such office;
(B) Has been duly nominated to fill a vacancy in such
office pursuant to section 10(d), or, in the case of
the Attorney General, pursuant to Sec.1-204.35(b); or
(C) Has been nominated directly as a candidate under
subsection (j) of this section.
(l)(1) Designation of offices of local party committees to be
filled by election pursuant to paragraph (4) of section 1 shall
be effected, in accordance with the provision of this
subsection, by written communication signed by the chairman of
such committee and filed with the Board not later than 180 days
before the date of such election.
(2) The notification shall specify separately:
(A) A comprehensive plan for the scheduled election;
(B) The titles of the offices and the total number of
members to be elected at large, if any;
(C) The title of the offices and the total number of
members to be elected by ward, if any; and
(D) The procedures to be followed in nominating and
electing these members.
(m) The election of the members of the State Board of
Education shall be conducted on a nonpartisan basis and in
accordance with this subchapter.
(n) Each candidate in a general or special election for
member of the State Board of Education shall be nominated for
such office by a nominating petition: (A) Filed with the Board
not later than the 90th calendar day before the date of such
general or special election; and (B) signed by at least 200
qualified electors who are duly registered under section 7, who
reside in the school district or ward from which the candidate
seeks election, or in the case of a candidate running at large,
signed by at least 1,000 of the qualified electors in the
District of Columbia registered under such section 7. A
nominating petition for a candidate in a general or special
election for member of the State Board of Education may not be
circulated for signatures before the 144th day preceding the
date of such election and may not be filed with the Board
before the 115th day preceding such date. In a general or
special election for members of the State Board of Education,
the Board shall arrange the ballot for each school district or
ward to enable a voter registered in that school district or
ward to vote for any 1 candidate duly nominated to be elected
to such office from such school district or ward, and to vote
for as many candidates duly nominated for election at large to
such office as there are State Board of Education members to be
elected at large in such election.
(o)(1) The Board is authorized to accept any nominating
petition for a candidate for any office as bona fide with
respect to the qualifications of the signatures thereto if the
original or facsimile thereof has been posted in a suitable
public place for a 10-day period beginning on the third day
after the filing deadline for nominating petitions for the
office. Any registered qualified elector may within the 10-day
period challenge the validity of any petition by written
statement signed by the challenger and filed with the Board and
specifying concisely the alleged defects in the petition. A
copy of the challenge shall be sent by the Board promptly to
the person designated for the purpose in the nominating
petition. In a special election to fill a vacancy in an
Advisory Neighborhood Commission single-member district, the
period prescribed in this paragraph for posting and challenge
shall be 5 days, excluding weekends and holidays.
(2) The Board shall receive evidence in support of and in
opposition to the challenge and shall determine the validity of
the challenged nominating petition not more than 20 days after
the challenge has been filed. Within 3 days after announcement
of the determination of the Board with respect to the validity
of the nominating petition, either the challenger or any person
named in the challenged petition as a nominee may apply to the
District of Columbia Court of Appeals for a review of the
reasonableness of such determination. The Court shall expedite
consideration of the matter and the decision of such Court
shall be final and not appealable.
(3) For the purpose of verifying a signature on any petition
filed pursuant to this section, the Board shall first determine
if the address on the petition is the same as the address shown
of the signer's voter registration record. If the address is
different than the address which appears on the signer's
registration record, the address shall be deemed valid if:
(A) The signer's current address is within the single
member district for an Advisory Neighborhood Commission
election, within the school district for a school board
election, within the ward for a ward-wide election, or
within the District of Columbia for an at-large
election; and
(B) The signer files a change of address form with
the Board during the first 10 days of the period
designated for resolving challenges to petitions.
(p) In any election, the order in which the names of the
candidates for office appear on the ballot shall be determined
by lot, upon a date or dates and under regulations prescribed
by the Board.
(q) Any petition required to be filed under this subchapter
by a particular date must be filed no later than 5:00 p.m. on
such date.
(r)(1) In any primary, general, or special election held in
the District of Columbia to nominate or elect candidates to
public office, a voter may cast a write-in vote for a candidate
other than those who have qualified to appear on the ballot.
(2) To be eligible to receive the nomination of a political
party for public office, a write-in candidate shall be a duly
registered member of the party nominated and shall meet all the
other qualifications required for election to the office and
shall declare his or her candidacy not later than 4:45 p.m. on
the day following the date of the election on a form or forms
prescribed by the Board.
(3) To be eligible for election to public office, a write-in
candidate shall be a duly registered elector and shall meet all
of the other qualifications required for election to the office
and shall declare his or her candidacy not later than 4:45 p.m.
on the third day immediately following the date of the election
in which he or she was a candidate on a form or forms
prescribed by the Board.
(4) In party office elections, write-in voting provisions may
also be subject to the party rules.
(s) The Board shall submit to the Mayor and Council a
feasibility study of mail-ballot voting procedures, within 6
months after October 21, 2000. The study shall outline the
advantages and disadvantages of mail-ballot procedures and
recommend whether mail-ballot procedures should be implemented
in District of Columbia elections. The study shall include an
analysis of the following issues and topics that the Board
deems appropriate:
(1) Administration and logistics;
(2) Ballot integrity and electoral fairness;
(3) Voter turnout;
(4) Cost;
(5) Applicability to special elections and regularly
scheduled elections; and
(6) The experiences of other jurisdictions that have
used mail-ballot procedures.
* * * * * * *
dates for holding elections; votes cast for president and vice
president counted as votes for presidential electors; voting hours; tie
votes; filling vacancy where elected official dies, resigns, or becomes
unable to serve
Sec. 10. (a)(1) The elections of the officials referred to in
section 1(1), (2), (3), or (4) shall be held, at the request of
the party, during a primary election already scheduled for
other purposes on the date requested; provided, that it does
not interfere or conflict with applicable national party rules.
The primary under section 5(b) shall be held on the 1st Tuesday
in June of each presidential election year.
(2) The electors of President and Vice President of the
United States shall be elected on the Tuesday next after the
1st Monday in November in every 4th year succeeding every
election of a President and Vice President of the United
States. Each vote cast for a candidate for President or Vice
President whose name appears on the general election ballot
shall be counted as a vote cast for the candidates for
presidential electors of the party supporting such presidential
and vice presidential candidate. Candidates receiving the
highest number of votes in such election shall be declared the
winners, except that in the case of a tie it shall be resolved
in the same manner as is provided in subsection (c) of this
section.
(3)[(A) Except as otherwise provided in the case of special
elections under this subchapter or Sec. 206(a) of the District
of Columbia Delegate Act, primary elections of each political
party for the office of Delegate to the House of
Representatives shall be held on the 1st Tuesday in June in a
presidential election year and on the 3rd Tuesday in June of
each even-numbered non-presidential election year, and general
elections for such office shall be held on the Tuesday next
after the 1st Monday in November of each even-numbered year.]
(B) Except as otherwise provided in the case of special
elections under this subchapter primary elections of each
political party for the office of member of the Council shall
be held on the 1st Tuesday in June in a presidential election
year and on the 3rd Tuesday in June of each even-numbered non-
presidential election year, and general election for such
offices shall be held on the 1st Tuesday after the 1st Monday
in November in 1974 and every 2nd year thereafter.
(C) Except as otherwise provided in the case of a special
election under this subchapter or by Sec.1-204.35(b), primary
elections of each political party for the office of Chairman of
the Council, Mayor and Attorney General shall be held on the
3rd Tuesday in June of 2018 and every 4th year thereafter, and
the general election for such office shall be held on the 1st
Tuesday after the 1st Monday in November in 1974 and every 4th
year thereafter.
(4) With respect to special elections required or authorized
by this subchapter or by Sec.1-204.35(b), the Board may
establish the dates on which such special elections are to be
held and prescribe such other terms and conditions as may, in
the Board's opinion, be necessary or appropriate for the
conduct of such elections in a manner comparable to that
prescribed for other elections held pursuant to this
subchapter.
(5) General elections of members of the State Board of
Education shall be held on the 1st Tuesday after the 1st Monday
in November of each odd-numbered calendar year through 1987,
and thereafter in each even-numbered calendar year, on the same
day and month.
(b)(1) All elections prescribed by this subchapter shall be
conducted by the Board in conformity with the provisions of
this subchapter. In all elections held pursuant to this
subchapter, the polls shall be open from 7:00 a.m. to 8:00
p.m., except in instances when the time established for closing
the polls is extended pursuant to a federal or District court
order or any other order. The Board may, upon request of the
precinct captain or upon its own initiative, if an emergency
exists by reason of mechanical failure of a voting machine, an
unanticipated shortage of ballots, excessive wait times, bomb
threats, or similar unforeseen event warrants it, extend the
polling hours for that precinct until the emergency situation
has been resolved. Candidates who receive the highest number of
votes, other than candidates for election as political party
officials or delegates to national conventions nominating
candidates for President and Vice President of the United
States, shall be declared winners. If after the date of an
election and prior to the certification of the election
results, the qualified candidate who has received the highest
number of votes dies, withdraws, or is found to be ineligible
to hold the office, or in the event no candidate qualifies for
election, the Board shall declare no winner, and the office
shall become vacant as of the date of the beginning of the term
of office for which the election was held. With respect to a
primary election, the position of candidate shall be vacant
until filled pursuant to subsection (d) of this section.
(2)(A) No person shall canvass, electioneer, circulate
petitions, post any campaign material or engage in any activity
that interferes with the orderly conduct of the election within
a polling place or within a 50-foot distance from the entrance
and exit of a polling place. The Board, by regulation, shall
establish procedures for determination and clear marking of the
50-foot distance.
(B) A person who violates the provisions of this paragraph
shall, upon conviction, be fined not less than $50 or more than
$500 or imprisoned for not more than 30 days, or both.
(c) In the case of a tie vote, the resolution of which will
affect the outcome of any election, the candidates receiving
the tie vote shall cast lots before the Board at 12:00 noon on
a date to be set by the Board. This date shall be set no sooner
than 2 days following determination by the Board of the results
of the election which resulted in a tie. The candidate to whom
the lot shall fall shall be declared the winner. If the
candidate or candidates fail to appear by 12:00 noon on said
day, the Board shall cast lots for him or her or them. For
purpose of casting lots, any candidate may appear in person, or
by proxy appointed in writing.
(d)(1) In the event that any official, other than [Delegate,]
member of the Council, Mayor, Attorney General, member of the
State Board of Education, or winner of a primary election for
the office of [Delegate,] member of the Council, Mayor, or
Attorney General, elected pursuant to this subchapter dies,
resigns, or becomes unable to serve during his or her term of
office leaving no person elected pursuant to this subchapter to
serve the remainder of the unexpired term of office, the
successor or successors to serve the remainder of the term
shall be chosen pursuant to the rules of the duly authorized
party committee, except that the successor shall have the
qualifications required by this subchapter for the office.
[(2)(A) In the event that a vacancy occurs in the office of
Delegate before May 1 of the last year of the Delegate's term
of office, the Board shall hold a special election to fill the
unexpired term. The special election shall be held on the
Tuesday occurring at least 70 days and not more than 174 days
after the date on which the vacancy occurs which the Board
determines, based on a totality of the circumstances, taking
into account, inter alia, cultural and religious holidays and
the administrability of the election, will provide the
opportunity for the greatest level of voter participation. The
person elected to fill the vacancy in the office of Delegate
shall take office the day on which the Board certifies his or
her election.
[(B) In the event that a vacancy occurs in the office of
Delegate on or after May 1 of the last year of the Delegate's
term of office, the Mayor shall appoint a successor to complete
the remainder of the term of office.]
[(3)] (2) In the event of a vacancy in the office of United
States Representative or United States Senator elected pursuant
to Sec.1-123 and that vacancy cannot be filled pursuant to
paragraph (1) of this subsection, the Mayor shall appoint, with
the advice and consent of the Council, a successor to complete
the remainder of the term of office.
(e)(1) In the event of a vacancy of an elected member of the
State Board of Education, the Board of Elections shall hold a
special election to fill the unexpired term of the vacant
office. The special election shall be held on the Tuesday
occurring at least 70 days and not more than 174 days after the
date on which the vacancy occurs which the Board determines,
based on a totality of the circumstances, taking into account,
inter alia, cultural and religious holidays and the
administrability of the election, will provide the opportunity
for the greatest level of voter participation. The person
elected as a member to fill a vacancy on the State Board of
Education shall take office the day on which the Board of
Elections certifies his or her election.
(f) Notwithstanding the provisions of subsection (e) of this
section, if a vacancy of an elected member of the State Board
of Education occurs on or after February 1st of the last year
of the term of the vacant office, a special election shall not
be held and the State Board of Education may appoint a person
to fill such vacancy until the unexpired term ends. Any person
appointed under this subsection shall have the same
qualifications for holding such office as were required of his
or her immediate predecessor.
(g) A vacancy among the appointed Board members shall be
filled within 45 days of its occurrence. The Mayor shall submit
a nominee to the Council for confirmation within 30 days of the
vacancy. Any Board member appointed to fill a vacancy shall
serve until the end of the original term.
recount; judicial review of election
Sec. 11. (a)(1) The Board shall recount the votes cast in one
or more voting precincts, if, within 7 days after the Board
certifies the results of an election for an office, a candidate
for that office petitions the Board in writing and specifies
the precincts in which the recount shall be conducted. Before
beginning the recount, the Board shall prepare an estimate of
the costs and inform the petitioner of the anticipated number
of hours needed to complete the recount and the cost per hour.
The costs of the recount shall not include any payments
associated for salaried election officials. If the petitioner
chooses to proceed with the recount, the petitioner shall
deposit the amount of $50 per precinct included in the recount.
If the result of the election is changed as a result of the
recount, the deposit shall be refunded. If the result is not
changed, the Board shall determine the actual cost of the
recount. The petitioner shall be liable for the actual cost of
the recount and the Board may collect that cost from the
deposit made with the petition.
(2) If in any election for President and Vice President of
the United States, [Delegate to the House of Representatives,
]Chairman of the Council, member of the Council, Mayor,
Attorney General, or member of the State Board of Education,
the results certified by the Board show a margin of victory for
a candidate that is less than one percent of the total votes
cast for the office, the Board shall conduct a recount. The
cost of a recount conducted pursuant to this paragraph shall
not be charged to any candidate.
(3) In the case of an initiative or referendum measure placed
on the ballot pursuant to section 16, or a recall measure
placed on the ballot pursuant to section 17, the Board shall
conduct a recount if the difference between the number of votes
for and against the initiative, referendum, or recall measure
is less than one percent of the total votes cast.
(4) The Board shall issue regulations prescribing the
procedures for the Board to:
(A) Provide notice of a recount to candidates for an
office subject to a recount;
(B) Conduct a recount and certify the official result
of an election, initiative, referendum, or recall
measure which is the subject of the recount; and
(C) Ensure that each candidate for an office subject
to a recount may designate watchers to be present while
the recount is conducted, or in the case of an
initiative, referendum, or recall measure, ensure that
members of the public may be present while the recount
is conducted.
(b)(1) Within 7 days after the Board certifies the results of
an election, any person who voted in the election may petition
the District of Columbia Court of Appeals to review the
election. The Court's authority to review the results of an
election shall include initiative, referendum, and recall
measures as well as elections for a particular office.
(2) In response to such a petition, the Court may set aside
the results certified and declare the true results of the
election, or void the election in whole or in part. To
determine the true results of an election, the Court may order
a recount or take other appropriate action, whether or not a
recount has been conducted or requested pursuant to subsection
(a) of this section. The Court shall void an election only if
it:
(A) Determines that the candidate certified as the
winner of the election does not meet the qualifications
required for office; or
(B) Finds that there was any act or omission,
including fraud, misconduct, or mistake serious enough
to vitiate the election as a fair expression of the
will of the registered qualified electors voting in the
election.
(3) If the Court voids an election, it may order a special
election, which shall be conducted in such a manner, and at
such time, as the Board may prescribe.
(4) The decision of the Court in any case brought pursuant to
this subsection shall be final and may not be appealed.
(5) The Court shall have the authority to require the losing
party to reimburse the prevailing party for reasonable
attorneys' fees and other costs associated with the case, but
shall not exercise this authority if it finds that the
reimbursement would impose an undue financial hardship on the
losing party.
* * * * * * *
CANDIDACY FOR MORE THAN 1 OFFICE PROHIBITED; MULTIPLE NOMINATIONS;
CANDIDACY OF OFFICEHOLDER FOR ANOTHER OFFICE RESTRICTED
Sec. 15. (a) No person shall be a candidate for more than one
office on the State Board of Education, the Council, Mayor, or
Attorney General in any election for the members of the State
Board of Education, the Council, Mayor, or Attorney General,
and no person shall be a candidate for more than one office on
the Council, Mayor, or Attorney General in any primary
election. If a person is nominated for more than 1 such office,
he or she shall, within 3 days after the Board has sent him
notice that he or she has been so nominated, designate in
writing the office for which he or she wishes to run, in which
case he or she will be deemed to have withdrawn all other
nominations. In the event that such person fails within such 3-
day period to file such a designation with the Board, all such
nominations of such person shall be deemed withdrawn.
(b) Notwithstanding the provisions of subsection (a) of this
section, a person holding the office of [Delegate,] Chairman or
member of the Council, Mayor, Attorney General, or member of
the State Board of Education shall, while holding such office,
be eligible as a candidate for any other of such offices in any
primary or general election. In the event that said person is
elected in a general election to the office for which he or she
is a candidate, that person shall, within 24 hours of the date
that the Board certifies said person's election, pursuant to
subsection (a)(11) of section 5, either resign from the office
that person currently holds or shall decline to accept the
office for which he or she was a candidate. In the event that
said person elects to resign, said resignation shall be
effective not later than 24 hours before the date upon which
that person would assume the office to which he or she has been
elected.
* * * * * * *
recall process
Sec. 17. (a) The provisions of this section shall govern the
recall of all elected officers of the District of Columbia
[except the Delegate to the Congress from the District of
Columbia].
(b)(1) Any registered qualified elector or electors desiring
to initiate the recall of an elected officer shall file a
notice of intention to recall that officer with the Board,
which contains the following information:
(A) The name and title of the elected officer sought
to be recalled;
(B) A statement not to exceed 200 words in length,
giving the reasons for the proposed recall;
(C) The name and address of the proposer of the
recall; and
(D) An affidavit that each proposer is:
(i) A registered qualified elector in the
election ward of the elected officer whose
recall is sought, if that officer was elected
to represent a ward;
(ii) A registered qualified elector in the
District of Columbia, if the officer whose
recall is sought was elected at-large; or
(iii) A registered qualified elector in the
single-member district of an Advisory
Neighborhood Commissioner whose recall is
sought.
(2) A separate notice of intention shall be filed for each
officer sought to be recalled.
(c)(1) No recall proceedings shall be initiated for an
elected officer during the 1st 365 days nor during the last 365
days of his term of office.
(2) The recall process for an elected officer may not be
initiated within 365 days after a recall election has been
determined in his or her favor.
(3) In the case of an Advisory Neighborhood Commissioner, no
recall proceedings shall be initiated during the first 6 months
or the last 6 months of the Commissioner's term of office, nor
within 6 months after a recall election has been decided in
favor of the Commissioner.
(d)(1) The Board shall serve, in person or by certified mail,
the notice of intention to recall to the elected officer sought
to be recalled within 5 calendar days.
(2) The elected officer sought to be recalled may file with
the Board, within 10 calendar days after the filing of the
notice of intention to recall, a response of not more than 200
words, to the statement of the proposer of recall. If an answer
is filed, the Board shall serve immediately a copy of that
response to the proposer named in the notice of intention to
recall.
(3) The statement contained in the notice of intention to
recall and the elected officer's response are intended solely
for the information of the voters. No insufficiency in form or
substance of such statement shall affect the validity of the
election proceedings.
(e) Upon filing with the Board the notice of intention of
recall and the elected officer's response, the Board shall
prepare and provide to the proponent an original petition form
which the proposer shall formally adopt as his or her own form.
The proponent shall print from the original blank petition
sheets on white paper of good writing quality of the same size
as the original or shall utilize the mobile application made
available under section 5(a)(19). Each recall petition sheet
shall be double sided and consist of numbered lines for 20
names and signatures with residence address (street numbers),
and, where applicable, the ward numbers. Each petition sheet
shall have printed on it, and each mobile application shall
electronically display, the following information:
(1) A warning statement that declares that only duly
registered electors of the District of Columbia may
sign the petition;
(2) The name of the elected officer sought to be
recalled and the office which he or she holds;
(3) A statement that requests that the Board hold a
recall election in a manner prescribed in Sec. Sec. 1-
204.111 to 1-204.115;
(4) The name and address of the proposer or proposers
of the recall; and
(5) The statement of grounds for the recall and the
response of the officer sought to be recalled, if any.
If the officer sought to be recalled has not responded,
the petition shall so state.
(f) Each petition sheet or sheets for recall shall have
attached to it, at the time of submission to the Board, a
statement made under penalties of perjury, in a form determined
by the Board signed by the circulator of that petition which
contains the following:
(1) The printed name of the circulator;
(2) The residence address of the circulator giving
the street and number;
(3) That the circulator of the petition form was in
the presence of each person when the appended signature
was written;
(4) That according to the best information available
to the circulator, each signature is the genuine
signature of the person whose name it purports to be;
(5) That the circulator of the recall petition was a
qualified petition circulator at the time of
circulation; and
(6) The dates between which all the signatures to the
petition were obtained.
(g) The proposer of a recall shall have 180 days or, in the
case of a proposed recall of an Advisory Neighborhood
Commissioner, 60 days, beginning on the date when the proponent
of the recall formally adopts the original petition form as his
or her own form pursuant to subsection (e) of this section, to
circulate the recall petition and file the petition with the
Board.
(h)(1) A recall petition for an elected officer from a ward
shall include the valid signatures of 10 percent of the
registered qualified electors of the ward from which the
officer was elected. The 10 percent shall be computed from the
total number of the qualified registered electors from such
ward according to the latest official count of the registered
qualified electors made by the Board 30 days prior to the date
of initial submission to the Board of the notice of intention
to recall.
(2) A recall petition for an at-large elected official shall
contain the signatures of registered qualified electors in
number equal to 10 percent of the registered qualified electors
in the District of Columbia: Provided, that the total
signatures submitted include 10 percent of the registered
electors in each of 5 or more of the 8 wards. The 10 percent
shall be computed from the total number of registered qualified
electors from the District of Columbia according to the same
procedures established in paragraph (1) of this subsection.
(3) A recall petition for an elected officer from a single-
member district shall include the valid signatures of 10% of
the registered qualified electors of the single-member district
from which the officer was elected, except when the elected
officer has missed all regularly scheduled meetings of the
Advisory Neighborhood Commission of which the single-member
district is a part for at least a three-month period, in which
case the recall petition must only include the valid signatures
of 5% of the registered qualified electors of the single-member
district from which the officer was elected. The 5% or 10%
shall be computed from the total number of registered qualified
electors from the single-member district in accordance with the
same procedures established in paragraph (1) of this
subsection.
(i) Upon the submission of a recall petition by the proposer
to the Board, the Board shall refuse to accept the petition
upon any of the following grounds:
(1) Except in the case of a recall petition for an
Advisory Neighborhood Commissioner, the financial
disclosure statement of the proposer has not been filed
pursuant to Sec. Sec. 1-1163.07 and 1-1163.09;
(2) The petition is not the proper form established
in subsection (e) of this section;
(3) The restrictions for initiating the recall
process established in subsection (c) of this section
were not observed;
(4) The time limitation established in subsection (g)
of this section within which the recall petition may be
circulated and submitted to the Board has expired;
(5) The petition clearly bears on its face an
insufficient number of signatures to qualify for the
ballot; or
(6) The petition was circulated by persons who were
not qualified petition circulators at the time of
circulation.
(j)(1) If the Board refuses to accept the recall petition
when submitted to it, the proposer submitting such petition to
the Board may appeal, within 10 days after the Board's refusal,
to the Superior Court of the District of Columbia for a writ in
the nature of mandamus to compel the Board to accept such
recall petition. The Superior Court of the District of Columbia
shall expedite the consideration of the matter. If the Superior
Court of the District of Columbia determines that the petition
is legal in form and apparently meets the requirements
established under this section, it shall issue an order
requiring the Board to accept the petition as of the date of
submission.
(2) Should the Superior Court of the District of Columbia
hold in favor of the proposer, it may award court costs and
reasonable attorney's fees to the proposer.
(k)(1) After the acceptance of a recall petition, the Board
shall certify, within 30 calendar days after such petition has
been filed, whether or not the number of valid signatures on
the recall petition meets the qualifying percentage and ward
distribution requirements established in subsection (h) of this
section and whether or not the necessary number of signatures
of registered qualified electors of the District of Columbia,
properly distributed by wards, appears on the petition. This
certification may be made by a bona fide random and statistical
sampling method. In a case in which an officer elected from a
ward is sought to be recalled, if a person who signs a recall
petition for that elected officer is found not to be a
registered qualified elector in the ward indicated on the
petition, that name and signature shall not be counted toward
determining whether or not the recall measure qualifies. In a
case in which an officer elected at-large is sought to be
recalled, if a person who signs a recall petition for that
elected officer is found to be a registered qualified elector
in a ward other than what was indicated on the petition sheet,
such person shall be counted from the correct ward in
determining whether or not a recall measure for an at-large
elected officer qualified. In a case in which an Advisory
Neighborhood Commissioner is sought to be recalled, if a person
who signs a petition to recall that Advisory Neighborhood
Commissioner is found not to be a registered qualified elector
in the single-member district indicated on the petition, the
person's name and signature shall not be counted toward
determining whether or not the recall measure qualifies. If the
Board finds that the same person has signed a petition for the
same recall measure more than once, it shall count only 1
signature of such person. Two persons representing the
petitioner(s) seeking the recall and 2 persons representing the
elected officer sought to be recalled may be present to observe
during the counting and validating procedure.
(2) The Board shall post, within 3 calendar days after the
acceptance of a recall petition, whether in the normal course
or at the direction of a court, by making available for public
inspection in the office of the Board, the petition for the
recall measure or facsimile. Any registered qualified elector,
during a 10-day period (including Saturdays, Sundays, and
holidays, except that with respect to a petition to recall a
member of an Advisory Neighborhood Commission SMD, the 10-day
period shall not include Saturdays, Sundays, and holidays),
beginning on the day the recall petition was posted by the
Board, may challenge the validity of such petition by a written
statement duly signed by the challenger and filed with the
Board, specifying concisely the alleged defects in the
petition. The provisions of section 8(o)(2) shall be applicable
to a challenge and the Board may establish any necessary rules
and regulations consistent that concerns the process of the
challenge.
(3) For the purpose of verifying a signature on any petition
filed pursuant to this section, the Board shall first determine
that the address on the petition is the same as the residence
shown on the signer's voter registration record. If the address
is different, the signature shall not be counted as valid
unless the Board's records show that the person was registered
to vote from the address listed on the petition at the time the
person signed the petition.
(l) After determining that the number and validity of
signatures in the recall petition meet the requirements
established in this section, the Board shall certify the
sufficiency of such recall petition and shall fix the date of a
special election to determine whether the elected officer who
is the subject of the recall shall be removed from his or her
office. The Board shall conduct an election for this purpose
within 114 days after the date the petition to recall has been
certified as to its sufficiency. If a previously scheduled
general, primary, or special election will occur between 54 and
114 days after the date the petition to recall has been
certified as to its sufficiency, the Board may present the
recall measure at that election. In the case of a proposed
recall of an officer elected to represent a particular ward,
the recall election shall be conducted only in that ward. In
the case of a proposed recall of an Advisory Neighborhood
Commissioner, the recall election shall be conducted in one of
the following manners unless conducted in accordance with a
previously scheduled general, primary, or special election
pursuant to this subsection:
(1)(A) In the single-member district represented by
the Advisory Neighborhood Commissioner at the voting
precinct containing the majority of the registered
qualified electors; or
(B) If the voting precinct is unavailable, at an
appropriate alternative site within the single-member
district;
(2) By postal ballot by mailing by 1st class mail no
later than 7 days prior to the date of the election an
official ballot issued by the Board. The ballots shall
be mailed to each qualified registered elector in the
single-member district at the address at which the
elector is registered, except for those persons who
have made arrangements with the Board for absentee
voting pursuant to section 9(b)(2). The Board shall,
pursuant to section 5(a)(14), issue rules to implement
the provisions of this paragraph. The ballots shall be
printed with prepaid 1st class postage and shall be
postmarked no later than midnight of the day of the
election.
(3) A special election called to consider the recall
of an Advisory Neighborhood Commissioner shall not be
considered an election for the purposes of section
16(p).
(m) The Board shall place the recall measure on the ballot in
substantially the following form:
FOR the recall of (insert the name of the elected
officer and the office
held)
AGAINST the recall of (insert the name of the elected
officer and the office held)
(n) Based on the results of the special election held to
decide the outcome of the recall measure, the elected officer
sought to be recalled shall be removed from that office:
Provided, that a majority of the qualified electors voting in
the recall election vote to remove him or her. The vacancy, as
created by the removal, shall be filled in the same manner as
other vacancies, as provided in Sec. Sec. 1-204.01(b)(3) and
(d), 1-204.21(c)(2), 1-309.06(d), and 1-1001.10.
* * * * * * *
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TITLE 3, UNITED STATES CODE
* * * * * * *
CHAPTER 1--PRESIDENTIAL ELECTIONS AND VACANCIES
Sec.
1. Time of appointing electors.
* * * * * * *
[21. Definitions.]
* * * * * * *
[Sec. 21. Definitions
[As used in this chapter the term--
[(a) ``State'' includes the District of Columbia.
[(b) ``executives of each State'' includes the Board of
Commissioners of the District of Columbia.]
* * * * * * *
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TITLE 40, UNITED STATES CODE
* * * * * * *
SUBTITLE II--PUBLIC BUILDINGS AND WORKS
* * * * * * *
PART D--PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF
COLUMBIA
* * * * * * *
CHAPTER 87--PHYSICAL DEVELOPMENT OF NATIONAL CAPITAL REGION
* * * * * * *
SUBCHAPTER I--GENERAL
* * * * * * *
Sec. 8702. Definitions
In this chapter--
(1) Environs.--The term ``environs'' means [the
territory surrounding the District of Columbia] the
territory surrounding the National Capital included in
the National Capital region.
[(2) National capital.--The term ``National Capital''
means the District of Columbia and territory the
Federal Government owns in the environs.]
(2) National capital.--The term ``National Capital''
means the area serving as the seat of the Government of
the United States, as described in section 112 of the
Washington, D.C. Admission Act, and the territory the
Federal Government owns in the environs.
(3) National capital region.--The term ``National
Capital region'' means--
[(A) the District of Columbia;]
(A) the National Capital and the State of
Washington, Douglass Commonwealth;
(B) Montgomery and Prince Georges Counties in
Maryland;
(C) Arlington, Fairfax, Loudoun, and Prince
William Counties in Virginia; and
(D) all cities in Maryland or Virginia in the
geographic area bounded by the outer boundaries
of the combined area of the counties listed in
subparagraphs (B) and (C).
(4) Planning agency.--The term ``planning agency''
means any city, county, bi-county, part-county, or
regional planning agency authorized under state and
local laws to make and adopt comprehensive plans.
SUBCHAPTER II--PLANNING AGENCIES
Sec. 8711. National Capital Planning Commission
(a) Establishment and Purpose.--The National Capital Planning
Commission is the central federal planning agency for the
Federal Government in the National Capital, created to preserve
the important historical and natural features of the National
Capital, except for the United States Capitol Buildings and
Grounds (as defined and described in sections 5101 and 5102 of
this title), any extension of, or additions to, those Buildings
and Grounds, and buildings and grounds under the care of the
Architect of the Capitol.
(b) Composition.--
(1) Membership.--The National Capital Planning
Commission is composed of--
(A) ex officio, the Secretary of the
Interior, the Secretary of Defense, the
Administrator of General Services, the Mayor of
the District of Columbia, the Chairman of the
Council of the District of Columbia, the
chairman of the Committee on Governmental
Affairs of the Senate, and the chairman of the
Committee on Government Reform of the House of
Representatives, or an alternate any of those
individuals designates; and
[(B) five citizens with experience in city or
regional planning, three of whom shall be
appointed by the President and two of whom
shall be appointed by the Mayor.]
(B) four citizens with experience in city or
regional planning, who shall be appointed by
the President.
[(2) Residency requirement.--The citizen members
appointed by the Mayor shall be residents of the
District of Columbia. Of the three appointed by the
President, at least one shall be a resident of Virginia
and at least one shall be a resident of Maryland.]
(2) Residency requirement.--Of the four citizen
members, one shall be a resident of Virginia, one shall
be a resident of Maryland, and one shall be a resident
of Washington, Douglass Commonwealth.
(3) Terms.--An individual appointed by the President
serves for six years. An individual appointed by the
Mayor serves for four years. An individual appointed to
fill a vacancy shall be appointed only for the
unexpired term of the individual being replaced.
(4) Pay and expenses.--Citizen members are entitled
to $100 a day when performing duties vested in the
Commission and to reimbursement for necessary expenses
incurred in performing those duties.
(c) Chairman and Officers.--The President shall designate the
Chairman of the National Capital Planning Commission. The
Commission may elect from among its members other officers as
it considers desirable.
(d) Personnel.--The National Capital Planning Commission may
employ a Director, an executive officer, and other technical
and administrative personnel as it considers necessary. Without
regard to section 6101(b) to (d) of title 41 and section 3109,
chapters 33 and 51, and subchapter III of chapter 53, of title
5, the Commission may employ, by contract or otherwise, the
temporary or intermittent (not more than one year) services of
city planners, architects, engineers, appraisers, and other
experts or organizations of experts, as may be necessary to
carry out its functions. The Commission shall fix the rate of
compensation so as not to exceed the rate usual for similar
services.
(e) Principal Duties.--The principal duties of the National
Capital Planning Commission include--
(1) preparing, adopting, and amending a comprehensive
plan for the federal activities in the National Capital
and making related recommendations to the appropriate
developmental agencies; and
(2) serving as the central planning agency for the
Government within the National Capital region and
reviewing the development programs of the developmental
agencies to advise as to consistency with the
comprehensive plan.
(f) Transfer of Other Functions, Powers, and Duties.--The
National Capital Planning Commission shall carry out all other
functions, powers, and duties of the National Capital Park and
Planning Commission, including those formerly vested in the
Highway Commission established by the Act of March 2, 1893 (ch.
197, 27 Stat. 532), and those formerly vested in the National
Capital Park Commission by the Act of June 6, 1924 (ch. 270, 43
Stat. 463).
(g) Estimate.--The National Capital Planning Commission shall
submit to the Office of Management and Budget before December
16 of each year its estimate of the total amount to be
appropriated for expenditure under this chapter (except
sections 8732-8736) during the next fiscal year.
(h) Fees.--The National Capital Planning Commission may
charge fees to cover the full cost of Geographic Information
System products and services the Commission supplies. The fees
shall be credited to the applicable appropriation account as an
offsetting collection and remain available until expended.
* * * * * * *
CHAPTER 89--NATIONAL CAPITAL MEMORIALS AND COMMEMORATIVE WORKS
* * * * * * *
Sec. 8901. Purposes
The purposes of this chapter are--
(1) to preserve the integrity of the comprehensive
design of the L'Enfant and McMillan plans for the
Nation's Capital;
(2) to ensure the continued public use and enjoyment
of open space in [the District of Columbia and its
environs] the Capital and its environs, and to
encourage the location of commemorative works within
[the urban fabric of the District of Columbia] the
urban fabric of the area serving as the seat of the
Government of the United States, as described in
section 112 of the Washington, D.C. Admission Act;
(3) to preserve, protect and maintain the limited
amount of open space available to residents of, and
visitors to, the Nation's Capital; and
(4) to ensure that future commemorative works in
areas administered by the National Park Service and the
Administrator of General Services in [the District of
Columbia and its environs] the Capital and its
environs--
(A) are appropriately designed, constructed,
and located; and
(B) reflect a consensus of the lasting
national significance of the subjects involved.
Sec. 8902. Definitions and nonapplication
(a) Definitions.--In this chapter:
(1) Commemorative work.--The term ``commemorative
work'' means any statue, monument, sculpture, memorial,
plaque, inscription, or other structure or landscape
feature, including a garden or memorial grove, designed
to perpetuate in a permanent manner the memory of an
individual, group, event or other significant element
of American history, except that the term does not
include any such item which is located within the
interior of a structure or a structure which is
primarily used for other purposes.
[(2) The district of columbia and its environs.--The
term ``the District of Columbia and its environs ''
means those lands and properties administered by the
National Park Service and the General Services
Administration located in the Reserve, Area I, and Area
II as depicted on the map entitled ``Commemorative
Areas Washington, DC and Environs'', numbered 869/86501
B, and dated June 24, 2003.]
(2) Capital and its environs.--The term ``Capital and
its environs'' means--
(A) the area serving as the seat of the
Government of the United States, as described
in section 112 of the Washington, D.C.
Admission Act; and
(B) those lands and properties administered
by the National Park Service and the General
Services Administration located in the Reserve,
Area I, and Area II as depicted on the map
entitled ``Commemorative Areas Washington, DC
and Environs'', numbered 869/86501 B, and dated
June 24, 2003, that are located outside of the
State of Washington, Douglass Commonwealth.
(3) Reserve.--The term ``Reserve'' means the great
cross-axis of the Mall, which generally extends from
the United States Capitol to the Lincoln Memorial, and
from the White House to the Jefferson Memorial, as
depicted on the map referenced in paragraph (2).
(4) Sponsor.--The term ``sponsor'' means a public
agency, or an individual, group or organization that is
described in section 501(c)(3) of the Internal Revenue
Code of 1986 and exempt from tax under section 501(a)
of such Code, and which is authorized by Congress to
establish a commemorative work in [the District of
Columbia and its environs] the Capital and its
environs.
(b) Nonapplication.--This chapter does not apply to
commemorative works authorized by a law enacted before January
3, 1985.
(c) Limiting Application to Capital.--This chapter applies
only with respect to commemorative works in the Capital and its
environs.
Sec. 8903. Congressional authorization of commemorative works
(a) In General.--Commemorative works--
(1) may be established on federal lands referred to
in section 8901(4) of this title only as specifically
authorized by law; and
(2) are subject to applicable provisions of this
chapter.
(b) Military Commemorative Works.--A military commemorative
work may be authorized only to commemorate a war or similar
major military conflict or a branch of the armed forces. A
commemorative work solely commemorating a limited military
engagement or a unit of an armed force may not be authorized.
Commemorative works to a war or similar major military conflict
may not be authorized until at least 10 years after the
officially designated end of such war or conflict.
(c) Works Commemorating Events, Individuals, or Groups.--A
commemorative work commemorating an event, individual, or group
of individuals, except a military commemorative work as
described in subsection (b), may not be authorized until after
the 25th anniversary of the event, death of the individual, or
death of the last surviving member of the group.
(d) Consultation with National Capital Memorial Advisory
Commission.--In considering legislation authorizing
commemorative works in [the District of Columbia and its
environs] the Capital and its environs, the Committee on
Natural Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate shall
solicit the views of the National Capital Memorial Advisory
Commission.
(e) Expiration of Legislative Authority.--Any legislative
authority for a commemorative work shall expire at the end of
the seven-year period beginning on the date of the enactment of
such authority, or at the end of the seven-year period
beginning on the date of the enactment of legislative authority
to locate the commemorative work within Area I, if such
additional authority has been granted, unless--
(1) the Secretary of the Interior or the
Administrator of General Services (as appropriate) has
issued a construction permit for the commemorative work
during that period; or
(2) the Secretary or the Administrator (as
appropriate), in consultation with the National Capital
Memorial Advisory Commission, has made a determination
that--
(A) final design approvals have been obtained
from the National Capital Planning Commission
and the Commission of Fine Arts; and
(B) 75 percent of the amount estimated to be
required to complete the commemorative work has
been raised.
If these two conditions have been met, the Secretary or the
Administrator (as appropriate) may extend the seven-year
legislative authority for a period not to exceed three
additional years. Upon expiration of the legislative authority,
any previous site and design approvals shall also expire.
Sec. 8904. National Capital Memorial Advisory Commission
(a) Establishment and Composition.--There is established the
National Capital Memorial Advisory Commission, which shall be
composed of--
(1) the Director of the National Park Service;
(2) the Architect of the Capitol;
(3) the Chairman of the American Battle Monuments
Commission;
(4) the Chairman of the Commission of Fine Arts;
(5) the Chairman of the National Capital Planning
Commission;
(6) the Mayor of the District of Columbia;
(7) the Commissioner of the Public Buildings Service
of the General Services Administration; and
(8) the Secretary of Defense.
(b) Chairman.--The Director is the Chairman of the National
Capital Memorial Advisory Commission.
(c) Advisory Role.--The National Capital Memorial Advisory
Commission shall advise the Secretary of the Interior and the
Administrator of General Services (as appropriate) on policy
and procedures for establishment of, and proposals to
establish, commemorative works in [the District of Columbia and
its environs] the Capital and its environs and on other matters
concerning commemorative works in the Nation's Capital as the
Commission considers appropriate.
(d) Meetings.--The National Capital Memorial Advisory
Commission shall meet at least twice annually.
Sec. 8905. Site and design approval
(a) Consultation on, and Submission of, Proposals.--A sponsor
authorized by law to establish a commemorative work in [the
District of Columbia and its environs] the Capital and its
environs may request a permit for construction of the
commemorative work only after the following requirements are
met:
(1) Consultation.--The sponsor must consult with the
National Capital Memorial Advisory Commission regarding
the selection of alternative sites and design concepts
for the commemorative work.
(2) Submittal.--Following consultation in accordance
with clause (1), the Secretary of the Interior or the
Administrator of General Services, as appropriate, must
submit, on behalf of the sponsor, site and design
proposals to the Commission of Fine Arts and the
National Capital Planning Commission for their
approval.
(b) Decision Criteria.--In considering site and design
proposals, the Commission of Fine Arts, National Capital
Planning Commission, and the Secretary or Administrator (as
appropriate) shall be guided by, but not limited by, the
following criteria:
(1) Surroundings.--To the maximum extent possible, a
commemorative work shall be located in surroundings
that are relevant to the subject of the work.
(2) Location.--A commemorative work shall be located
so that--
(A) it does not interfere with, or encroach
on, an existing commemorative work; and
(B) to the maximum extent practicable, it
protects open space, existing public use, and
cultural and natural resources.
(3) Material.--A commemorative work shall be
constructed of durable material suitable to the outdoor
environment.
(4) Landscape features.--Landscape features of
commemorative works shall be compatible with the
climate.
(5) Museums.--No commemorative work primarily
designed as a museum may be located on lands under the
jurisdiction of the Secretary in Area I or in East
Potomac Park as depicted on the map referenced in
section 8902(2).
(6) Site-specific guidelines.--The National Capital
Planning Commission and the Commission of Fine Arts may
develop such criteria or guidelines specific to each
site that are mutually agreed upon to ensure that the
design of the commemorative work carries out the
purposes of this chapter.
(c) Donor Contributions.--
(1) Acknowledgment of donor contribution.--Except as
otherwise provided in this subsection, the Secretary of
the Interior or Administrator of General Services, as
applicable, may permit a sponsor to acknowledge donor
contributions at the commemorative work.
(2) Requirements.--An acknowledgment under paragraph
(1) shall--
(A) be displayed--
(i) inside an ancillary structure
associated with the commemorative work;
or
(ii) as part of a manmade landscape
feature at the commemorative work; and
(B) conform to applicable National Park
Service or General Services Administration
guidelines for donor recognition, as
applicable.
(3) Limitations.--An acknowledgment under paragraph
(1) shall--
(A) be limited to an appropriate statement or
credit recognizing the contribution;
(B) be displayed in a form in accordance with
National Park Service and General Services
Administration guidelines;
(C) be displayed for a period of up to 10
years, with the display period to be
commensurate with the level of the
contribution, as determined in accordance with
the plan and guidelines described in
subparagraph (B);
(D) be freestanding; and
(E) not be affixed to--
(i) any landscape feature at the
commemorative work; or
(ii) any object in a museum
collection.
(4) Cost.--The sponsor shall bear all expenses
related to the display of donor acknowledgments under
paragraph (1).
(5) Applicability.--This subsection shall apply to
any commemorative work dedicated after January 1, 2010.
Sec. 8906. Criteria for issuance of construction permit
(a) Criteria for Issuing Permit.--Before issuing a permit for
the construction of a commemorative work in [the District of
Columbia and its environs] the Capital and its environs, the
Secretary of the Interior or Administrator of General Services,
as appropriate, shall determine that--
(1) the site and design have been approved by the
Secretary or Administrator, the National Capital
Planning Commission and the Commission of Fine Arts;
(2) knowledgeable individuals qualified in the field
of preservation and maintenance have been consulted to
determine structural soundness and durability of the
commemorative work and to ensure that the commemorative
work meets high professional standards;
(3) the sponsor authorized to construct the
commemorative work has submitted contract documents for
construction of the commemorative work to the Secretary
or Administrator; and
(4) the sponsor authorized to construct the
commemorative work has available sufficient amounts to
complete construction of the project.
(b) Donation for Perpetual Maintenance and Preservation.--
(1) In addition to the criteria described above in
subsection (a), no construction permit shall be issued
unless the sponsor authorized to construct the
commemorative work has donated an amount equal to 10
percent of the total estimated cost of construction to
offset the costs of perpetual maintenance and
preservation of the commemorative work. All such
amounts shall be available for those purposes pursuant
to the provisions of this subsection. The provisions of
this subsection shall not apply in instances when the
commemorative work is constructed by a Department or
agency of the Federal Government and less than 50
percent of the funding for such work is provided by
private sources.
(2) Notwithstanding any other provision of law, money
on deposit in the Treasury on the date of enactment of
the Commemorative Works Clarification and Revision Act
of 2003 provided by a sponsor for maintenance pursuant
to this subsection shall be credited to a separate
account in the Treasury.
(3) Money provided by a sponsor pursuant to the
provisions of this subsection after the date of
enactment of the Commemorative Works Clarification and
Revision Act of 2003 shall be credited to a separate
account with the National Park Foundation.
(4) Upon request of the Secretary or Administrator
(as appropriate), the Secretary of the Treasury or the
National Park Foundation shall make all or a portion of
such moneys available to the Secretary or the
Administrator (as appropriate) for the maintenance of a
commemorative work. Under no circumstances may the
Secretary or Administrator request funds from a
separate account exceeding the total money in the
account established under paragraph (2) or (3). The
Secretary and the Administrator shall maintain an
inventory of funds available for such purposes. Funds
provided under this paragraph shall be available
without further appropriation and shall remain
available until expended.
(c) Suspension for Misrepresentation in Fundraising.--The
Secretary of the Interior or Administrator may suspend any
activity under this chapter that relates to the establishment
of a commemorative work if the Secretary or Administrator
determines that fundraising efforts relating to the work have
misrepresented an affiliation with the work or the Federal
Government.
(d) Annual Report.--The person authorized to construct a
commemorative work under this chapter must submit to the
Secretary of the Interior or Administrator an annual report of
operations, including financial statements audited by an
independent certified public accountant. The person shall pay
for the report.
Sec. 8907. Temporary site designation
(a) Criterion for Designation.--If the Secretary of the
Interior, in consultation with the National Capital Memorial
Commission, determines that a site where commemorative works
may be displayed on a temporary basis is necessary to aid in
the preservation of the limited amount of open space available
to residents of, and visitors to, the Nation's Capital, a site
may be designated on land the Secretary administers in [the
District of Columbia] the Capital and its environs.
(b) Plan.--A designation may be made under subsection (a)
only if, at least 120 days before the designation, the
Secretary, in consultation with the Commission, prepares and
submits to Congress a plan for the site. The plan shall include
specifications for the location, construction, and
administration of the site and criteria for displaying
commemorative works at the site.
(c) Risk and Agreement To Indemnify.--A commemorative work
displayed at the site shall be installed, maintained, and
removed at the sole expense and risk of the person authorized
to display the work. The person shall agree to indemnify the
United States for any liability arising from the display of the
commemorative work under this section.
* * * * * * *
Sec. 8909. Administrative
(a) Maintenance of Documentation of Design and
Construction.--Complete documentation of design and
construction of each commemorative work located in [the
District of Columbia and its environs] the Capital and its
environs shall be provided to the Secretary of the Interior or
Administrator of General Services, as appropriate, and shall be
permanently maintained in the manner provided by law.
(b) Responsibility for Maintenance of Completed Work.--On
completion of any commemorative work in [the District of
Columbia and its environs] the Capital and its environs, the
Secretary or Administrator, as appropriate, shall assume
responsibility for maintaining the work.
(c) Regulations or Standards.--The Secretary and
Administrator shall prescribe appropriate regulations or
standards to carry out this chapter.
* * * * * * *
CHAPTER 91--COMMISSION OF FINE ARTS
* * * * * * *
Sec. 9101. Establishment, composition, and vacancies
(a) Establishment.--There is a Commission of Fine Arts.
(b) Composition.--The Commission is composed of seven well-
qualified judges of the fine arts, appointed by the President,
who serve for four years each or until their successors are
appointed and qualified.
(c) Vacancies.--The President shall fill vacancies on the
Commission.
(d) Expenses.--Members of the Commission shall be paid actual
expenses in traveling to and from [the District of Columbia]
the Capital to attend Commission meetings and while attending
those meetings.
Sec. 9102. Duties
(a) In General.--The Commission of Fine Arts shall advise
on--
(1) the location of statues, fountains, and monuments
in the public squares, streets, and parks in [the
District of Columbia] the Capital;
(2) the selection of models for statues, fountains,
and monuments erected under the authority of the
Federal Government;
(3) the selection of artists to carry out clause (2);
and
(4) questions of art generally when required to do so
by the President or a committee of Congress.
(b) Duty To Request Advice.--The officers required to decide
the questions described in subsection (a)(1)-(3) shall request
the Commission to provide the advice.
(c) Nonapplication.--This section does not apply to the
Capitol Building and the Library of Congress buildings.
(d) Definition.--In this chapter, the term ``Capital'' means
the area serving as the seat of the Government of the United
States, as described in section 112 of the Washington, D.C.
Admission Act.
* * * * * * *
CHAPTER 95--WASHINGTON AQUEDUCT AND OTHER PUBLIC WORKS IN THE DISTRICT
OF COLUMBIA
Sec.
9501. Chief of Engineers.
* * * * * * *
9508. Applicability to Capital and State of Washington, Douglass
Commonwealth.
* * * * * * *
Sec. 9508. Applicability to Capital and State of Washington, Douglass
Commonwealth
(a) In General.--Effective upon the admission of the State of
Washington, Douglass Commonwealth into the Union, any reference
in this chapter to the District of Columbia shall be deemed to
refer to the Capital or the State of Washington, Douglass
Commonwealth, as the case may be.
(b) Definition.--In this section, the term ``Capital'' means
the area serving as the seat of the Government of the United
States, as described in section 112 of the Washington, D.C.
Admission Act.
* * * * * * *
MINORITY VIEWS
Committee Republicans oppose H.R. 5803. There are serious,
obvious, and fundamental constitutional and policy problems
with this proposal. Republicans not only oppose the elevation
of the District of Columbia (D.C. or the District) to a
microstate with de facto control over the federal government
but oppose all efforts to diminish President Washington's most
tangible legacy: a federal district that is unique, free, and
permanent.
The District is operating as the Founders intended. The
grievances behind the push for District statehood are neither
new nor were they unconsidered by the Founders. They are
grievances against the constitutional framework itself. A
framework which has been settled. To be clear, the proposal for
D.C. statehood is simply a proposal for D.C. supremacy.
To address a proposal of such historical significance
requires mindful consideration of the constitutional
ramifications. The Constitution does not allow for city-state
poleis such as classical Athens or Thebes, bestowed with the
rights and sovereignty of full American states. This proposal
seeks--for unstated but clearly partisan purposes--to abandon
the fundamental notion of a United States entirely by rewriting
the very definition of statehood to include a living municipal-
level government. For instance, H.R. 5803 would create a state
a mere ten miles long at its longest border. The resulting
state would represent five percent of the landmass of the next
smallest state and eliminate the distinction between autonomous
states and their constituent, non-sovereign polities.
To be clear: The District's status as the seat of the
federal government requires that it should not receive votes in
either house of Congress. A federal government is a government
of a federation. The American federation is composed of
American states. And the equality of those states requires that
none of them serves as the federation's seat. The American
federation of states' constitution recognizes the unique
position of federal district residents, and explicitly sets
maximum parameters for the District's size (100 square miles)
to limit that district from becoming exactly what is proposed
by this partisan bill.
But the District franchise need not, and should not, be
made synonymous with its most extreme manifestation of
statehood. To be sure, Republicans oppose the unconstitutional
proposal embodied in such bills as the District of Columbia
Voting Rights Restoration Act of 2004, which treated D.C.
residents as Maryland residents for purposes of congressional
representation. Representatives in the House of Representatives
are elected by congressional districts within states. Non-
residents cannot be represented by state representatives. A
more likely bipartisan and productive policy strategy would be
to pursue proposals aimed at increasing the participation of
District residents in their local and influential government.
The Founders deliberately designed the Constitution so that
the seat of the federal government would not be within any
state. However, this bill puts the new federal enclave entirely
within--and subject to the influence of--the proposed new state
of Washington, Douglass Commonwealth. Proponents of this
legislation want to ignore the elephant in the room: For the
District to become the fifty-first state, Congress needs to
pass--and the states need to ratify--an amendment to the
Constitution. This is a far greater lift than attaining simple
majorities in both houses of Congress and clearly demonstrates
H.R. 5803 supporters' willingness to bypass the work of
obtaining a national consensus to make D.C. a state. In fact,
H.R. 5803 is a resuscitation of the previously introduced H.R.
51 D.C. statehood proposal (with more than sixty pages of new
bill text) which was only revealed to Republicans after it was
introduced, less than two business days prior to the
Committee's consideration at the February 11, 2020 business
meeting.
H.R. 5803 also demonstrates the District's unpreparedness
for statehood. Recently, the District relied upon the federal
government to restore order after protests turned destructive
and overwhelmed the city government. With a swipe of a pen H.R.
5803 would convert these same District government functions
that were either unwilling or incapable of preserving law and
order for the seat of the federal government into state
executive agencies. Furthermore, several of the bill's
provisions continue the federal government's requirement to
fund District programs, including the new state's pension and
court system, until the new state has laws in effect to provide
for these services. This bill lacks any real incentives for the
new state to work toward financial self-sufficiency by allowing
the District's special federal funding arrangement to continue
indefinitely.
This issue demands that Congress clearly reaffirm the
intentions behind the District's current status. The Democrats'
rushed approach to admit the District into the Union as a state
demonstrates the type of power grab the Founders' creation of a
separate federal district was meant to avert.
Below Committee Republicans detail reasons for opposition
to H.R. 5803.
I. The Founders carefully crafted the Constitution so that the federal
government would not be beholden to a state
The Constitution provides for the creation and governance
of a seat for the nation's government. Specifically, Article I
calls for the creation of a federal district to serve as the
seat of the new national government and grants Congress the
power ``to exercise exclusive Legislation, in all Cases
whatsoever, over such District (not exceeding ten Miles square)
as may, by Cession of particular States, and the Acceptance of
Congress become the Seat of the Government of the United
States[.]''\1\
---------------------------------------------------------------------------
\1\U.S. Const. art. 1, Sec. 8, cl. 17.
---------------------------------------------------------------------------
The location and nature of the nation's capital was one of
the most contentious issues the Founders debated. How the
nation's capital would function as a city apart from the states
is a question that was deliberately, not accidentally, settled
by the Founders. They were aware a large urban area would
eventually surround the seat of government and, necessarily,
residents of that urban area would lack residency in any state.
As a demonstration of their forethought, the Founders even
seriously contemplated the option of converting an existing
city into the federal district. New England and other non-
Southern states were in favor at various times of either
Philadelphia or New York becoming the nation's capital.\2\
---------------------------------------------------------------------------
\2\Kenneth Bowling, The Creation of Washington, D.C.: The Idea and
Location of The American Capital 206 (1991).
---------------------------------------------------------------------------
The Founders understood the Constitution to deny
congressional representation to the District. Indeed, at the
New York Constitutional Convention, Alexander Hamilton offered
an amendment to the proposed constitution that would have
allowed District residents to secure representation in Congress
once they grew to a reasonable size.\3\ On July 22, 1788,
Hamilton asked that the District Clause be amended to mandate
that ``When the Number of Persons in the District of Territory
to be laid out for the Seat of the Government of the United
States, shall according to the Rule for the Apportionment of
Representatives and direct Taxes Amount to [blank, a figure
Hamilton sought to insert later] such District shall cease to
be parcel of the State granting the Same, and Provision shall
be made by Congress for their having a District Representation
in that Body.''\4\ But that amendment to the Constitution was
rejected. Consequently, it is clear the Framers considered and
rejected granting congressional representation to the District
in the Constitution.
---------------------------------------------------------------------------
\3\5 The Papers of Alexander Hamilton 189 (Harold C. Syrett & Jacob
E. Cooke eds., 1962).
\4\Id. at 189.
---------------------------------------------------------------------------
Ultimately, the exclusion of District inhabitants from
state residency was accepted because of the benefits residents
of the federal district would enjoy from living in a place
where the rest of the states congregated.\5\ James Madison
predicted that the residents ``most convenient to the centre''
would ``enjoy this advantage in a higher degree than
others.''\6\ Therefore, the governance of the federal district
by Congress was intentional and explicit. As one scholar has
observed:
---------------------------------------------------------------------------
\5\2 Joseph Story, Commentaries on the Constitution of the United
States 123 (Boston, Little, Brown & Co. 4th ed. 1873). (``There can be
little doubt, that the inhabitants composing it would receive with
thankfulness such a blessing, since their own importance would be
thereby increased, their interests be subserved, and their rights be
under the immediate protection of the representatives of the whole
Union.'').
\6\1 Annals of Cong. 896 (Joseph Gales & William Seaton eds.,
1789).
Most striking is the language by which the Framers of
the Constitution subjected the district to the plenary
control of Congress. The District Clause provides that
Congress shall have the power ``to exercise exclusive
Legislation in all Cases whatsoever'' over the federal
district. This is the same language that the
Declaration of Independence used to describe King
George and the British Parliament's power over the
rebellious colonies. The Declaration of Independence
decries as ``absolute Tyranny'' the fact that
Parliament invested itself with the ``power to
legislate'' for the American colonies ``in all cases
whatsoever.'' By using the same language in the
Constitution to describe the power of Congress over the
district, the Framers left no doubt that they were
subjecting the people of the federal district to
Congress' legislative power without representation.\7\
---------------------------------------------------------------------------
\7\Evan C. Zoldan, The Permanent Seat of Government: An Unintended
Consequence of Heightened Scrutiny Under the Contract Clause, 14 N.Y.U.
J. Legis. & Pub. Pol'y 163, 172-73 (2011) (internal citations removed).
Having fought a Revolution to throw off the yoke of absolute
authority, the Founders' vision for the federal district was
clear: the states are sovereign over their territory. That is,
for the small ten-mile by ten-mile federal district, no state
would have absolute influence. Instead, they all would.
The fever to cede land to form the seat of government was
conditioned on the permanency of the capital. In fact, with all
the actions taken by the First Congress to assure states that
their concessions would be worthwhile, the word ``permanent''
is used repeatedly. Maryland and Virginia ceded territory in
1788 and 1789 to form what would become the District.\8\ They
``would never had made the necessary grants had permanency not
been guaranteed by Congress.''\9\
---------------------------------------------------------------------------
\8\An Act Concerning the Territory of Columbia and the City of
Washington, Md. Act, 1791; An Act for the Cession of Ten Miles Square,
or any Less Quantity of Territory Within This State, to the United
States, in Congress Assembled, for the Permanent Seat of the General
Government, 13 Va. Stat. at Large; see also Eugene Boyd, Cong. Research
Serv., RL33830, District of Columbia Voting Representation in Congress:
An Analysis of Legislative Proposals 1 (2010).
\9\Joseph B. Varnum, The Seat of Government of the United States 16
(New York, Press of Hunt's Merchant's Magazine 1848).
---------------------------------------------------------------------------
The boundaries of the District have changed since the
original creation of it as a near-perfect ten-mile by ten-mile
square divided between territory ceded by the states of
Maryland and Virginia. In 1847, the area of the federal
District south of the Potomac was retroceded by Congress to
Virginia, in part due to Alexandria County residents' desire to
continue slavery, a truly regrettable and disgraceful
legacy.\10\ However, while the constitutionality of such a
retrocession has never been reviewed by the judicial branch and
further reduction in the District's holdings would be hard to
manage, Republicans recognize that a similar retrocession to
Maryland would more expediently address the issues which
District statehood attempts to remedy. Retrocession to an
established state like Maryland would also avoid injecting a
microstate into the constitutional framework.
---------------------------------------------------------------------------
\10\Zoldan, supra note 7, at 177 (note 78) (``Among the merchants
who played a significant role in effecting the annexation of Alexandria
were Alexandria's slave dealers, who advocated for retrocession as a
way to protect Alexandria's slave trade in the event that slavery was
abolished in the District [. . .] In addition to directly security
their own financial interests by preserving slavery in Alexandria,
Alexandria's slave merchants further entrenched slavery in the State of
Virginia, and nationally through retrocession. By annexing Alexandria,
Virginia added two more pro-slavery members to the U.S. House of
Representatives.'') (internal citations removed).
---------------------------------------------------------------------------
The Founders never intended the District to become a state,
and they drafted the Constitution so the seat of the federal
government would not be within a state. James Madison in The
Federalist No. 43 articulated that if the capital city were
situated within a state, the federal government would be
subject to undue influence by the host state.\11\ District
residents are not forgotten: ``the Framers actually seated the
government in the federal district, ensuring that knowledge and
self-interest would coincide so as to promote the District's
needs, in the same way that the franchise attunes legislators
to their district's needs.''\12\
---------------------------------------------------------------------------
\11\The Federalist No. 43 (James Madison).
\12\Andrew Grossman, Voting Representation for the District of
Columbia: Violating the Framers' Vision and Constitutional Commands,
Heritage Found. (Feb. 19, 2009), https://www.heritage.org/the-
constitution/report/voting-representation-the-district-columbia-
violating-the-framers-vision.
---------------------------------------------------------------------------
In summary, as Roger Pilon, Chair of Constitutional Studies
at the Cato Institute, stated in his written testimony for the
Committee's September 19, 2019 hearing, ``it strains credulity
to believe that the Framers, when they drafted the
Constitution's Enclave Clause, imagined anything like the
arrangement contemplated by this bill.''\13\
---------------------------------------------------------------------------
\13\H.R. 51: Making D.C. The 51st State Before H. Comm. on
Oversight & Reform, 116th Cong. (2019) (written statement of Dr. Roger
Pilon, B. Kenneth Simon Chair in Constitutional Studies, Cato Inst.).
---------------------------------------------------------------------------
II. The admission of the District as a state requires a constitutional
amendment
The proposal to create a state of Washington, Douglass
Commonwealth, and thus retain a small remnant of a federal
district, runs afoul of the 23rd Amendment to the Constitution.
The 23rd Amendment provides for the popular election of
electors for president and vice president from the District
``in such manner as Congress may direct.''\14\ Ratified in
1961, the amendment sets the number of electors to which the
District is entitled ``to the whole number of Senators and
Representatives in Congress to which the District would be
entitled if it were a state, but in no event more than the
least populous state.''\15\ The amendment would need to be
repealed before the proposed action, lest the removal of
District residents from the District grant the presidential
family (the only permanent residents of the remaining District)
three electoral college votes, violating an array of
constitutional protections and election laws.
---------------------------------------------------------------------------
\14\U.S. Const. amend. XXIII, Sec. 1.
\15\Id.
---------------------------------------------------------------------------
The repeal of a constitutional amendment requires the
passage of a constitutional amendment. Rep. Jody Hice (R-GA)
called attention to the constitutional problems with H.R. 5803
by offering an amendment to the bill providing expedited
procedures for considering a constitutional amendment to
provide statehood to the District. However, Democrats opposed
the amendment, which failed by a vote of fifteen to twenty
along party lines.\16\ But even a guarantee of expedited
procedures to consider an amendment is no substitution for an
amendment itself, and H.R. 5803 remains constitutionally
untenable. It is not responsible for Congress to advance a bill
that is so obviously unconstitutional.
---------------------------------------------------------------------------
\16\Business Meeting on Washington, D.C., Admission Act Before H.
Comm. on Oversight & Reform, 116th Cong. 203 (2020).
---------------------------------------------------------------------------
Even if granting statehood to the only federal district did
not require a constitutional amendment, which it clearly does,
simple majorities in Congress would never be sufficient to
repeal the 23rd Amendment. The amendment process requires a
two-thirds majority vote of both houses of Congress and
ratification by three-quarters of state legislatures or special
state conventions. This makes sense for such a radical proposal
that would alter the constitutional framework of the entire
nation. Advancing H.R. 5803 is premature prior to addressing
the 23rd Amendment, which is popular with residents of the
District who now enjoy being able to vote with the rest of the
nation in presidential elections.
But a second argument for requiring a constitutional
amendment rests in the original text of the Constitution. The
authority for admitting new states into the Union is vested
solely in the Congress of the United States by Article IV,
section 3 of the Constitution:
New States may be admitted by the Congress into this
Union; but no new State shall be formed or erected
within the jurisdiction of any other State; nor any
State be formed by the junction of two or more States,
or parts of States, without the consent of the
legislatures of the States concerned as well as of the
Congress.\17\
---------------------------------------------------------------------------
\17\U.S. Const. art. IV, Sec. 3.
The article provides for the admission of new states from
federal territory and for the regulation of federal territory.
The District is not a territory. As Dr. Pilon stated, it is
a ``sui generis entity, expressly provided for by the
Constitution, in clear contemplation of its becoming the seat
of the new federal government . . . .''\18\ The Founders
outlined their vision for the federal district in Article I,
section 8, clause 17 of the Constitution:
---------------------------------------------------------------------------
\18\H.R. 51, supra note 13.
The Congress shall have the power [. . .] to exercise
exclusive Legislation in all Cases whatsoever, over
such District (not exceeding ten Miles square) as may,
by Cession of particular States, and the Acceptance of
Congress, become the seat of the Government of the
United States . . .\19\
---------------------------------------------------------------------------
\19\U.S. Const. art. I, Sec. 8.
Proponents of District statehood believe that excluding a
small federal enclave from the territory of the new state
negates the need for a constitutional amendment. However, the
Constitution does not distinguish between the seat of the
federal government and the district where the government is
seated. The plain language of the Constitution speaks for
itself. The Constitution does not simply give Congress
exclusive authority over the seat of the federal government, it
gives Congress exclusive authority over the district in which
the government is seated. This bill would cut against the plain
language of the Constitution, as it would leave Congress with
only the authority over the tiny new federal enclave in which
the government physically sits.
The Founders did not set a minimum size for the seat of the
federal government, which statehood proponents have seized upon
to claim ``that they can carve out a tiny enclave from what for
over two hundred years has been the seat of the federal
government.'' Dr. Pilon states:
[A]lthough the Framers did not set a minimum size for
the district, their mention of ``ten Miles square,''
together with Congress's nearly contemporaneous
creation of the district in 1790 from ten miles square
of land ceded to the federal government by Maryland and
Virginia, is strong evidence of what they intended--and
strong evidence, too, against this enclave scheme.\20\
---------------------------------------------------------------------------
\20\Roger Pilon, DC Statehood Is a Fool's Errand, CATO Inst. (Jun.
5, 2016), https://www.cato.org/publications/commentary/dc-statehood-
fools-errand.
Dr. Pilon also argues District statehood implicates the
doctrine of enumerated powers, which holds that Congress has
only those powers enumerated in the Constitution.\21\ Since
1963, every Justice Department that has addressed District
statehood and related questions have concluded that Congress
has no authority to alter the status of the District
legislatively.\22\ The original creation of the District
required the consent of the contributing states, so it makes
sense that the District would need the consent of other states
(through the constitutional amendment process) to achieve
statehood.\23\
---------------------------------------------------------------------------
\21\Id.
\22\Id.
\23\Id.
---------------------------------------------------------------------------
III. A majority of Americans do not support District statehood
In response to a Gallup poll conducted from June 19-30,
2019, sixty-four percent of Americans responded that they
oppose District statehood.\24\ Only twenty-nine percent of
Americans approved of the District becoming a state.\25\ Gallup
found that ``Americans have consistently opposed D.C. statehood
in polling over the past three decades.''\26\ Gallup
articulated that the opposition is not because Americans do not
want to add new states--Americans have previously supported
making Alaska, Hawaii, and Puerto Rico states. Del. Eleanor
Holmes Norton believes the poll shows that a majority of
Americans do not understand that District residents do not have
equal representation.\27\ On the contrary, it demonstrates that
Americans understand their republican government and the proper
role of the District.
---------------------------------------------------------------------------
\24\Jeffrey M. Jones, Americans Reject D.C. Statehood, Gallup (July
15, 2019), https://news.gallup.com/poll/260129/americans-reject-
statehood.aspx.
\25\Id.
\26\Id.
\27\Press Release, Congresswoman Eleanor Holmes Norton, Norton Sees
Good News in Gallup Poll on D.C. Statehood (July 15, 2019).
---------------------------------------------------------------------------
District statehood is not synonymous with voting rights for
District residents. Contrary to the Democrats' rhetoric about
voting rights, District residents already have the right to
vote in federal and District elections. District residents have
voted in presidential elections since 1964 (following the
ratification of the 23rd Amendment in 1961). Since 1971,
District residents have voted for a delegate to Congress
concurrent with every House election cycle.
Democrats in Congress should focus on addressing the
pressing issues facing the entire nation, such as the security
and humanitarian crisis at our southern border, the national
emergency pandemic and associated economic turmoil, or the
government's unsustainable deficit-driven federal spending,
instead of unreasonable, unconstitutional state crafting.
IV. The District's municipal government is unprepared to assume the
role of state government, and H.R. 5803 does not adequately
address regional interests
The District is not--and, by its intended nature, will
never be--prepared to shoulder the burden of statehood. Recent
events are illustrative. Following the tragic death of George
Floyd in Minneapolis on May 25, 2020, civil unrest and violence
broke out in the District stemming, in part, from the peaceful
civil rights protests taking place across the nation. Starting
May 29, protestors crowded Lafayette Square and streets outside
the White House, pulling at metal barriers between officers and
protestors, smashing bricks, and throwing water bottles at the
police.\28\ As a result, the White House complex was placed
under lockdown.\29\ These protests became violent, with people
rioting, looting, and defacing businesses in the areas spanning
from Georgetown, to Foggy Bottom, and further down H Street in
the eastern part of the city.\30\ Protestors also set fire to
the historic St. John's Episcopal Church, parked cars, and
trashcans.\31\ From May 29 to May 31, the Metropolitan Police
Department (MPD), Secret Service Agents, and the U.S. Park
Police attempted to quell the crowd of nearly 1,000 protestors,
but were unsuccessful.\32\ On May 30, MPD released a list of
eighteen people charged with felony rioting and looting.\33\ On
May 31, Mayor Muriel Bowser imposed an 11:00 p.m. city-wide
curfew in an attempt to calm the crowd. It was widely ignored
by protestors and unenforced by municipal authorities.\34\
---------------------------------------------------------------------------
\28\Clarence Williams, et al., Demonstrations for George Floyd lead
to clashes outside White House, Washington Post (May 30, 2020), https:/
/www.washingtonpost.com/local/public-safety/demonstration-for-george-
floyd-shuts-down-dc-intersection/2020/05/29/af7b5d40-a1f9-11ea-b5c9-
570a91917d8d_story.html.
\29\Id.
\30\Rebecca Tan, et al., Night of destruction across D.C. after
protestors clash with police outside White House, Washington Post (June
1, 2020), https://www.washingtonpost.com/local/dc-braces-for-third-day-
of-protests-and-clashes-over-death-of-george-floyd/2020/05/31/589471a4-
a33b-11ea-b473-04905b1af82b_story.html.
\31\Id.
\32\Marissa J. Lang, et al., Tension between police and protestors
flares in front of the White House before vandalism and sporadic fires,
Washington Post (May 31, 2020), https://www.washingtonpost.com/local/
public-safety/trump-accuses-dc-mayor-of-refusing-to-help-secret-
service-at-white-house-demonstration-over-killing-of-george-floyd/2020/
05/30/9bb59212-a276-11ea-9590-1858a893bd59_story.html.
\33\Metropolitan Police Department, Arrests Made in Felony Riot
Acts, Additional Suspects Sought, (May 31, 2020), https://mpdc.dc.gov/
release/arrests-made-felony-riot-acts-additional-suspects-sought.
\34\Julian Borger, Fires light up Washington DC on third night of
George Floyd protests, The Guardian (June 1, 2020), https://
www.theguardian.com/us-news/2020/may/31/fires-light-up-washington-dc-
on-third-night-of-george-floyd-protests.
---------------------------------------------------------------------------
On June 1, Attorney General William Barr deployed federal
riot teams from the Federal Bureau of Prisons and the Federal
Bureau of Investigation's (FBI) hostage rescue team to help
control the riots.\35\ Also deployed were thousands of national
guardsmen.\36\ On June 3, to increase the police presence,
Attorney General Barr called in an assortment of officers from
federal agencies, including the FBI, the Drug Enforcement
Agency (DEA), and the Bureau of Alcohol, Tobacco, Firearms, and
Explosives (ATF).\37\ With the addition of these federal
officers, the violence quickly subsided, a stark contrast from
previous days. From May 29 to June 2, there were 427 protest-
related arrests; after June 3, there were only three.\38\ On
June 4, there was not a single protest-related arrest and the
day was generally peaceful.\39\
---------------------------------------------------------------------------
\35\Ryan Lucas, Attorney General Steps Up Federal Law Enforcement
Response to Protests, NPR (June 1, 2020), https://www.npr.org/2020/06/
01/867059312/attorney-general-steps-up-federal-law-enforcement-
response-to-protests.
\36\Victoria Chamberlin, An Additional 1,500 National Guardsmen
Have Been Deployed to D.C., WAMU (June 2, 2020), https://wamu.org/
story/20/06/02/an-additional-1500-national-guardsmen-have-been-
deployed-to-d-c/.
\37\Kevin Johnson, et al., National Guard troops surge into DC for
George Floyd protests, but who's in charge?, USA TODAY (June 7, 2020),
https://www.usatoday.com/story/news/politics/2020/06/05/white-house-
protests-military-control-dc/3144110001/.
\38\William Cummings, DC police chief says weekend George Floyd
protests were `exclusively without violence', USA TODAY (June 8, 2020),
https://www.usatoday.com/story/news/politics/2020/06/08/george-floyd-
protests-peaceful-washington-police-chief/5320426002/.
\39\Id.
---------------------------------------------------------------------------
These events demonstrate just how entrenched and essential
the federal government is for maintaining order in the
District. The local government is not equipped to shoulder the
burden of statehood, especially in times of crisis. Before
federal intervention, MPD could not contain the protests or
stop the violence in the District; it was not until the
deployment of thousands of national guardsmen and federal
officers that the violence was quelled.
While H.R. 5803 attempts to carve out a contained enclave
of federal facilities, it is also important to consider the
extent to which the newly proposed state would remain the very
real home to numerous federal buildings, a workforce supporting
the interests of the nation through public service or
representation of the variety of important advocacy aims, as
well as the foreign representatives in the area's many
embassies. Protecting the life, property, and economic health
of the area's residents and workforce is of paramount
importance. If the District were to become a state, it has
clearly demonstrated how ill-prepared, and in some instances
unwilling, it would be to properly handle large-scale civil
unrest and willful destruction of property without federal
intervention.
Beyond the law and order issues brought to light by recent
events, H.R. 5803 fails to adequately address the practical
impact of statehood to the region, including the equities of
neighboring states Virginia and Maryland. Most immediately, the
financial details of the shared public transit system are left
unaddressed by the legislation. Since 1967 the participating
jurisdictions of the D.C. Metropolitan region have jointly
funded the Washington Metropolitan Area Transit Authority
(WMATA) as an interstate compact agency providing metro rail
and bus services. WMATA is a critical part of the economic
vitality of Maryland, Virginia, and D.C. as well as the
sustainment of the federal government's workforce.\40\ H.R.
5803 fails to provide an opportunity for the participating
jurisdictions to renegotiate their contributions through the
joint compact governing WMATA's operational and infrastructure
improvement budget. The map drawn by H.R. 5803 means the new
state will likely benefit from the largest share of metro rail
stations in the region with the narrowly designed federal
enclave containing a very limited amount of stations. This will
reduce the federal government's need to continue funding such a
sizeable share of WMATA's annual capital budget with the
nation's tax dollars.\41\ The potential future funding gap,
unless renegotiated amongst the compact's jurisdictional
parties, would likely fall inequitably on the region.
---------------------------------------------------------------------------
\40\WMATA, Board of Directors, www.wmata.com/about/board/ (last
visited June 16, 2020).; see also WMATA, Metro Snapshot, www.wmata.com/
about/upload/2019-Metro-Snapshot-Fact-Sheet.pdf (last visited June 16,
2020).
\41\WMATA, FY2021 Proposed Budget: Strengthening Metro to Better
Serve the Region, 2 and 5 (2020), https://www.wmata.com/about/records/
public_docs/upload/FY2021-Proposed-Budget_Final-Book_Digital-2.pdf.
---------------------------------------------------------------------------
Furthermore, the Founders' original design for the nation's
first planned city emphasized grand and elegant government
structures complementing the region's landscape. Pierre Charles
L'Enfant, the original architect and city planner commissioned
by President Washington, once wrote to Thomas Jefferson
describing the land of the nation's capital (specifically
referring to the area outside H.R. 5803's federal enclave) as
``a situation most advantageous to run streets and prolong them
on grand and far distant point of view.''\42\ Such plans for a
sweeping vision of the capital city's layout and skyline were
affirmatively protected by Congress in 1910 with the enactment
of the Height of Buildings Act which established building
design standards for the District's buildings.\43\
---------------------------------------------------------------------------
\42\Letter from Pierre Charles L'Enfant to Thomas Jefferson (Mar.
11, 1791) https://founders.archives.gov/documents/Washington/05-07-02-
0327.
\43\National Capitol Planning Commission, Historical Background on
the Height of Buildings Act 1, https://www.ncpc.gov/heightstudy/docs/
Historical_Background_on_the_Height_of_Buildings_Act _%28draft%29.pdf.
---------------------------------------------------------------------------
In recognition of the District's role as a home to many
critical federal buildings, international embassies, and
various historic monuments and other significant national
treasures, Congress has established regional coordination
commissions to protect these interests on behalf of the
American people; the U.S. Commission of Fine Arts established
in 1910 protects renovations and designs of properties with
historic significance and later the National Capital Planning
Commission was established in 1952 to maintain a Comprehensive
Plan for the federal government's building needs.\44\
---------------------------------------------------------------------------
\44\National Capital Planning Commission, Legislative Authorities,
https://www.ncpc.gov/about/authorities/ (last visited June 15, 2020).;
see also U.S. Commission of Fine Arts, About CFA, https://www.cfa.gov/
about-cfa (last visited June 15, 2020).
---------------------------------------------------------------------------
H.R 5803 neglects to transfer the existing District
regional planning responsibilities, as currently established in
federal law, to the new state. This is necessary to preserve
the region's rich heritage and protect the nation's federal
government interests. Congress has previously acted to protect
the citizenry's historic investment in preserving a vision for
the national capital region against potentially harmful
development decisions, which the new state would have few
incentives to preserve under the design of H.R. 5803.
V. H.R. 5803 shows the District government and taxpayers are unprepared
to pay the price of statehood
Under H.R. 5803 the District would be unable to continue
functioning without the significant federal funding and
appropriations provided by Congress that uphold some of the
most fundamental civic services. Specifically, the federal
government pays for the District's courts, unfunded pension
liabilities, and custody of District prisoners.\45\ The annual
cost to the federal government for funding the District's
judicial branch of government is close to $400 million.\46\
Neither the District nor the bill's supporters have offered a
proposal for how the new state will come up with the lost
revenue from the federal government.
---------------------------------------------------------------------------
\45\See, e.g., FY 2020 Budget Justification, District of Columbia
Courts (2020), https://www.dccourts.gov/sites/default/files/matters-
docs/FY-2020-Budget-Justification.pdf.
\46\E-mail from Eugene Boyd, Analyst in Federalism & Econ. Dev.
Policy, Gov't & Fin. Division, Cong. Research Serv., to H. Comm. on
Oversight & Reform Republican staff (Jul. 12, 2019).
---------------------------------------------------------------------------
Under the Scholarship for Opportunity and Results Act (SOAR
Act), the federal government provides $60 million collectively
to District public schools, District public charter schools,
and to provide vouchers to low income students to attend
private schools.\47\ President Trump's request in the FY2020
budget is for $90 million for District school improvements.\48\
H.R. 5803 requires that the federal government continue to fund
the SOAR Act program until the new state certifies to the
President that there are laws in effect to provide for a
substantially similar program. It is unclear if the new state
will ever be able to properly fund its public-school system,
let alone be incentivized to do so.
---------------------------------------------------------------------------
\47\H.R. Rep. No. 115-62, at 18 (2017).
\48\H.R. Rep. No. 116-122, at 47 (2019).
---------------------------------------------------------------------------
The D.C. Tuition Assistance Grants (DCTAG) program provides
grants to college students with a household income of $750,000
or less to attend a university outside of the District and
through academic year 2017-2018, a total of 28,998 students
received approximately $505.8 million in DCTAG awards, with
Congress appropriating $40 million specifically for the DCTAG
program.\49\ Because the District lacks sufficient public post-
secondary school options, the grants give students the ability
to attend an outside university at an in-state tuition rate.
Just like the SOAR Act, H.R. 5803 requires the federal
government to continue to fund the grant program until the
state has laws in effect to provide for a tuition assistance
program substantially similar to DCTAG.
---------------------------------------------------------------------------
\49\Kyle D. Shohfi, Cong. Research Serv., R41313, The District of
Columbia Tuition Assistance Grant (DCTAG) Program (2019).
---------------------------------------------------------------------------
If the District is prepared to be a state, it should be
presenting data to account for these shortcomings, rather than
relying upon the federal government to continue supplying
funds. The District's $15.5 billion budget does not include
funding for the District's court system--its third branch of
government--which is a federally funded system.\50\ Due to
ongoing operating deficits in the 1990s, Congress created the
District of Columbia Financial Responsibility and Management
Assistance Authority (known as the ``Control Board'') in 1995
to oversee the District's finances.\51\ The Control Board
recommended removing several costly state functions--such as
the criminal justice system--from the District's finances. As a
result, in 1997, the federal government began to fund the
District's courts in 1997, under the National Capital
Revitalization and Self-Government Improvement Act
(Revitalization Act), which aimed to address the fiscal and
management crisis in the District.\52\ Proposals from the
Committee on Appropriations and President Trump show that, in
fiscal year 2020, District Courts will likely receive $716
million to $741 million.\53\
---------------------------------------------------------------------------
\50\Cong. Research Serv., IF11571, FY 2020 Appropriations: District
of Columbia (2020); District of Columbia Courts, About, https://
www.dccourts.gov/about (last visited June 12, 2020); see also DC Fiscal
Policy Institute, A Resident's Guide to the DC Budget, https://
www.dcfpi.org/all/residents-guide-dc-budget/ (last visited June 16,
2020).
\51\Eugene Boyd & Nonna A. Noto, Cong. Research Serv., RL34032,
District of Columbia Budget Autonomy: An Analysis of H.R. 733, 110th
Congress (2007).
\52\Eugene Boyd & Michael Fauntroy, Cong. Research Serv., R44099,
District of Columbia: Issues in the 114th Congress (2015).
\53\FY 2020 Appropriations, supra note 50 at 2.
---------------------------------------------------------------------------
At the business meeting considering the merits of H.R.
5803, two amendments were offered that would cut federal
funding to the new state's court system. Rep. James Comer (R-
KY) introduced an amendment that would have ended the federal
government's role in funding and supporting the new state's
court system within 180 days of its admission as a state into
the Union. Rep. Ralph Norman (R-SC) offered an amendment that
would place the financial and managerial burden of the public
defender service on the new state. Both Members pointed out
that it would be unfair for the federal government to fund the
judicial branch of the new state while all other states are
responsible for funding their own judicial systems. There must
be a cutoff date for when the federal funding to the court
system will end or else the new state will have no incentive to
strive for financial independence, something the District has
not had since 1997. Both amendments were defeated by voice
vote.\54\
---------------------------------------------------------------------------
\54\Business Meeting, supra note 16, at 259 and 264.
---------------------------------------------------------------------------
Moreover, the District's budget does not adequately reflect
federal funding for other state-like functions--including
Medicaid. The Revitalization Act established increased federal
responsibility for these functions.\55\ If the District became
a state and lost its special funding, the resulting funding
gaps would be significant. The federal matching rate for
Medicaid for the fifty states and the District varies according
to per capita income.\56\ However, the seventy percent federal
match the District receives is based on the 1997 Act instead of
the District's per capita income, which is the second highest
in the country.\57\ As a result, if the District became a state
and lost its special treatment, the federal match could drop
from seventy percent to fifty percent (the statutory minimum)
and leave the District with a significant funding gap. For
example, using FY2017 numbers, federal sources funded $2.16
billion of the District's nearly $3 billion in Medicaid
expenditures (seventy percent).\58\ Under a match rate based on
per capita income, federal sources would have funded $1.49
billion (fifty percent), leaving the District to make up a $670
million gap. H.R. 5803 requires that the federal government's
Medicaid match rate for the new state continue at seventy
percent until the new state certifies to the President that for
the first five fiscal years after the date of certification the
state will have sufficient funds to offset any lost revenue
from changing the match rate to be based on per capita income.
The federal government should not be responsible for paying a
higher match rate until the point in time when the new state
can prove its solvency.
---------------------------------------------------------------------------
\55\Boyd & Fauntroy, supra note 52, at 2.
\56\Alison Mitchell, Cong. Research Serv., IF11012, Medicaid
Funding for the Territories (2019).
\57\U.S. Census Bureau, U.S. Median Household Income: 2018, https:/
/www.census.gov/content/dam/Census/library/publications/2019/acs/
acsbr18-01.pdf income by state (last visited June 10, 2020).
\58\Nat'l Ass'n of State Budget Officers, 2018 State Expenditure
Report, https://higherlogicdownload.s3.amazonaws.com/NASBO/9d2d2db1-
c943-4f1b-b750-0fca152d64c2/UploadedImages/SER%20Archive/
2018_State_Expenditure_Report_S.pdf (last visited June 16, 2020).
---------------------------------------------------------------------------
The Revitalization Act placed District prisoners into the
custody of the Bureau of Prisons (BOP). Although numbers are
difficult to identify, groups estimate that between 6,000 and
8,000 District residents are incarcerated in federally-funded
prisons.\59\ Under H.R. 5803, the BOP is required to continue
to maintain custody of current District inmates, as well as
take custody of any new inmates convicted of crimes under the
laws of the new state. The state will only take custody of
inmates when it has laws in effect to care for and house them.
If the District is ready to become a state, it should be ready
to take responsibility for its inmates. Housing state inmates
is a function other states perform.
---------------------------------------------------------------------------
\59\Prison Policy Initiative, District of Columbia Incarceration
Pie, https://www.prisonpolicy.org/graphs/correctional_control2018/
DC_incarceration_2018.html (last visited June 16, 2020); see also U.S.
Prison Population Tops 2 Million, AP (July 28, 2003), https://
www.cbsnews.com/news/us-prison-population-tops-2-million/.
---------------------------------------------------------------------------
The Revitalization Act also switched the responsibility for
funding the pensions of District police officers, firefighters,
judges, and teachers back to the federal government. At the
time the Act was enacted, the District had an unfunded pension
liability of $4.7 billion which was increased at an amount of
several hundred million dollars per year.\60\ As drafted, H.R.
5803 would require the federal government to continue funding
the District's pension fund bailout which Congress previously
enacted to rescue the District from its financial crisis. Rep.
Fred Keller (R-PA) offered an amendment at the February 11,
2020, Committee business meeting that would have eliminated the
special federal involvement in the new state's pension
liabilities. Under Rep. Keller's amendment, the new state and
its local municipalities would have been responsible for
bearing the burden of funding its pension programs, just like
every other state and municipality in this country. Committee
Democrats opposed the amendment and it was not adopted.
---------------------------------------------------------------------------
\60\D.C. Appleseed Center, The District of Columbia's Pension
Dilemma-An Immediate and Lasting Solution (June 26, 1996), http://
www.dcappleseed.com/wp-content/uploads/2013/08/DCA-Pension-Report.pdf.
---------------------------------------------------------------------------
Unlike the federal government, which is allowed to carry a
deficit, the District must balance its budget each year.\61\ If
the District were to become a state and lose this federal
funding, it is unlikely that the District could realistically
find additional funds to make up for the funding gap. The bill
proves that the Democrats are unwilling to address the amount
of special federal funding received by the new state and would
rather kick this critical question to be negotiated after
statehood is granted.
---------------------------------------------------------------------------
\61\D.C. Fiscal Policy Institute, supra note 50.
---------------------------------------------------------------------------
VI. The Democrats refused common-sense legislative fixes to H.R. 5803
at the markup
At the business meeting, Rep. Jody Hice (R-GA) offered
another amendment that would have required the new state to
hold new elections for state officials following its admission
into the Union as a state. As written, H.R. 5803 immediately
transforms the current elected city officials into state
officials upon the conversion of the District into a state. In
this case, the mayor of the District would be transformed into
the governor, and each city council member into a state
legislator. Elections are at the root of our democracy and help
promote democratic legitimacy. An elected official has been
elected for their specific office, not into any government
office. In order to ensure that the new state government is
legitimate and responsible to the people it serves, Rep. Hice's
amendment is required to ensure new elections are conducted.
During the debate on Rep. Hice's amendment, Del. Norton
argued there is no ``guidance on what happens to the elected
officials of a territory when they become a state.''\62\ Del.
Norton stated that it is ``common practice'' for the elected
officials in territories to ``continue to office in the
equivalent state position upon admission.''\63\ Again, the
District of Columbia is not a territory, it is the federal
district, so drawing such comparisons is inappropriate.
---------------------------------------------------------------------------
\62\Business Meeting, supra note 16, at 67.
\63\Id.
---------------------------------------------------------------------------
The Democrats opposed this commonsense amendment to allow
the citizens of the new state the right to vote for officials
in their new state government and call upon leadership for the
very different executive tasks required to maintain a
functioning state in the union. The amendment failed by a party
line vote of fifteen to twenty.\64\
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\64\Id. at 208.
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At the February 11 business meeting, Rep. Thomas Massie (R-
KY) offered an amendment that would fix the boundaries of the
federal enclave, as designated in H.R. 5803, to include several
federally-owned buildings that were left out of the narrowly-
crafted enclave. Rep. Massie noted how H.R. 5803's federal
enclave map does not include the Old Post Office building,
currently owned by the General Service Administration (GSA), or
the building occupied by the Federal Bureau of Investigation
(FBI). These buildings are owned by the federal government and
should be included as part of the new capital.
Rep. Massie explained that the Democrats ``gerrymandered''
the boundaries of the federal enclave so that the Old Post
Office building would be included in, and would therefore
become part of, the new state's tax base.\65\ Rep. Massie
quoted an exchange between Ranking Member Jim Jordan (R-OH) and
the Chairman of the District of Columbia Council who testified
at the September 19, 2019 District statehood hearing:
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\65\Id. at 90.
Mr. Mendelson: Well, the Old Post Office is a hotel.
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So it's a commercial enterprise.
Rep. Jordan: So it is literally because you wanted
the money? You wanted the revenue?
Mr. Mendelson: That's kind of a crass way to put it,
but yes.\66\
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\66\H.R. 51, supra note 13.
During amendment debate at February 11 business meeting,
Democrats tried to turn the focus away from the commonsense
amendment of including contiguous federally owned property
within the capital, and instead focused on the interests of
President Trump.\67\ Like the other amendments offered, the
Democrats continued to oppose amendments that would have
improved the underlying bill, and Rep. Massie's amendment
failed following a roll call vote.\68\
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\67\Business Meeting, supra note 16, at 92-97.
\68\Id. at 223.
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In further demonstration of the types of commonsense
proposals which the Democrats rejected that would have improved
H.R. 5803, Rep. Higgins (R-LA) offered an amendment at the
February 11 markup that would have directed federal law
enforcement entities to uphold existing cross-jurisdictional
agreements and authorized them to negotiate new protective
service agreements with the new state. Rep. Higgins stated,
``[t]his is another amendment that I offer to an underlying
bill that I do not support, strictly based upon concerns
regarding law enforcement and the continuity of services in an
efficient and effective manner across jurisdictional
authorities.''\69\ Simply put, this amendment was offered to
ensure greater continuity if statehood should be granted, yet
was rejected by the legislation's proponents.
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\69\Id. at 132.
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In response to Rep. Higgins's amendment, Del. Norton stated
that the amendment was ``unnecessary because a new state has
the authority to enter into agreements with the federal police
forces.''\70\ However, this amendment was offered to ensure the
continuity of services through the transition. Law enforcement
agencies need to know on day one what the parameters are for
their enforcement duties. In H.R. 5803, the Democrats have
continually taken a wait and see approach. However, the safety
of the American public cannot be an afterthought. The
Democrats' rejection of the amendment's practical improvement
to their own policy proposal demonstrates their disregard for
pursuing the District's functional transition into a state.\71\
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\70\Id. at 134.
\71\Id. at 239.
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This trend was clear throughout the business meeting--the
Democrats want to secure statehood for the District before
working out all the important details of a transition to
statehood. This reckless approach to policymaking is ripe for
disastrous consequences. From the drafting of H.R. 5803 it is
unclear when the federal government will no longer be obligated
to fund a branch of the new state's government, when the new
state will be able to properly fund its public school system,
or when the new state, like every other state will care for
individuals in its custody. Democrats continually refused to
consider commonsense amendments offered by Republican Committee
Members in an honest effort to improve a bill they know they
could not support.
The Democrats propose creating a state from the existing
Washington, District of Columbia, to be rebranded as
Washington, Douglass Commonwealth. After breaking away from a
government dominated by tyrannical rule, the Founders carefully
considered how to ensure the federal government would never
become beholden to any one state. In doing so, they created a
federal district as the seat of the national government. This
Congress must reject District statehood, which would leave a
mere handful of buildings as the shameful remnant of the
Founding Fathers' intentions and a new national monument to
partisan powerplays. A state cannot hold within it the seat of
the federal government; truly coequal and united states cannot
tolerate states anointed by majority factions. Whittling at the
federal district is tantamount to carving away the thought,
history, and permanence of the foundation of the federal system
itself.
Jody Hice,
Ranking Member, Subcommittee
on Government
Operations.
[all]
