Union Calendar No. 6
117th CONGRESS 1st Session |
[Report No. 117–19, Part I]
To provide for the admission of the State of Washington, D.C. into the Union.
January 4, 2021
Ms. Norton (for herself, Mr. Sarbanes, Mr. Raskin, Mr. Connolly, Mr. Beyer, Mr. Lynch, Ms. Pressley, Mr. Carson, Mr. Welch, Mr. Brown, Mr. Krishnamoorthi, Mr. Khanna, Mr. Trone, Ms. Wexton, Mr. Blumenauer, Ms. Waters, Mr. McEachin, Ms. DeLauro, Mr. Pocan, Mr. DeSaulnier, Ms. Jackson Lee, Mr. Thompson of Mississippi, Ms. Titus, Ms. Kelly of Illinois, Mrs. Lawrence, Ms. Clarke of New York, Mr. Sherman, Ms. Roybal-Allard, Mr. Meeks, Mr. Nadler, Ms. Kaptur, Mr. Pascrell, Ms. Sewell, Mr. Schiff, Mr. Castro of Texas, Mr. Ruppersberger, Ms. Fudge, Ms. Speier, Mrs. Napolitano, Mrs. Watson Coleman, Ms. Barragán, Ms. Johnson of Texas, Mr. Evans, Mr. Espaillat, Ms. Sánchez, Mr. Price of North Carolina, Mr. Rush, Ms. Moore of Wisconsin, Mrs. Beatty, Mrs. Trahan, Mr. Langevin, Mr. Kildee, Mr. Yarmuth, Mr. Cleaver, Mrs. Demings, Mr. David Scott of Georgia, Mr. Quigley, Mrs. Dingell, Mr. Payne, Mr. Butterfield, Mr. Huffman, Ms. Eshoo, Mr. Tonko, Ms. Bonamici, Mr. Thompson of California, Mr. Bishop of Georgia, Mr. Michael F. Doyle of Pennsylvania, Ms. Garcia of Texas, Mr. Levin of Michigan, Mr. Suozzi, Mr. Phillips, Mr. Lowenthal, Ms. Lois Frankel of Florida, Mr. Casten, Ms. Houlahan, Mr. Panetta, Mr. Schrader, Mr. Jeffries, Ms. Escobar, Mr. Crist, Ms. DelBene, Mr. Garamendi, Ms. Meng, Mr. Correa, Mr. Crow, Mr. Grijalva, Mr. Cuellar, Mr. Brendan F. Boyle of Pennsylvania, Mr. Vargas, Ms. Jayapal, Mrs. Kirkpatrick, Ms. Haaland, Mr. Smith of Washington, Mr. Aguilar, Mr. Case, Ms. Brownley, Mrs. Torres of California, Mr. DeFazio, Mr. Takano, Ms. Castor of Florida, Mr. Cicilline, Mr. Sablan, Mrs. Carolyn B. Maloney of New York, Mr. Doggett, Mr. Malinowski, Ms. McCollum, Mr. Cartwright, Mrs. Bustos, Mr. Gomez, Mr. Green of Texas, Ms. Wasserman Schultz, Miss Rice of New York, Mr. Deutch, Ms. Schakowsky, Ms. Clark of Massachusetts, Mr. Carbajal, Mr. Danny K. Davis of Illinois, Ms. Lee of California, Mr. Kilmer, Mr. Higgins of New York, Ms. Adams, Ms. Tlaib, Ms. Pingree, Mr. Lieu, Ms. Velázquez, Mr. Neal, Mr. Gallego, Mr. Vela, Mr. Sean Patrick Maloney of New York, Mr. Cohen, Mr. Kim of New Jersey, Mr. McGovern, Mr. Larsen of Washington, Mr. Horsford, Mr. Veasey, Ms. Underwood, Mr. Ryan, Mr. Mfume, Ms. Bass, Mr. Larson of Connecticut, Mr. Himes, Ms. Kuster, Mr. Sires, Mr. Pallone, Ms. Omar, Mr. Bera, Ms. Wild, Ms. Blunt Rochester, Ms. Scanlon, Ms. Dean, Ms. Ocasio-Cortez, Mr. Costa, Mr. García of Illinois, Mr. Courtney, Ms. Plaskett, Mr. Swalwell, Ms. Chu, Mr. Jones, Ms. Spanberger, Mr. Johnson of Georgia, Ms. DeGette, Mr. Foster, Mr. McNerney, Mr. Pappas, Ms. Bush, Mr. Cárdenas, Mr. Ruiz, Ms. Sherrill, Ms. Porter, Ms. Lofgren, Mr. Hoyer, Ms. Williams of Georgia, Ms. Jacobs of California, Ms. Stevens, Ms. Craig, Mr. Allred, Mr. Torres of New York, Mr. Bowman, Mrs. Murphy of Florida, Mr. Norcross, Mr. Perlmutter, Ms. Newman, Mrs. Hayes, Mr. Scott of Virginia, Mr. Keating, Ms. Wilson of Florida, Mr. Delgado, Mr. Neguse, Mr. Auchincloss, Mr. Lawson of Florida, Mrs. McBath, Ms. Matsui, Mr. Stanton, Mr. Moulton, Mr. Clyburn, Mr. Schneider, Mr. Morelle, Mrs. Luria, Mrs. Fletcher, Mr. Soto, Mrs. Axne, Mr. Peters, and Mr. Richmond) introduced the following bill; which was referred to the Committee on Oversight and Reform, and in addition to the Committees on Rules, Armed Services, the Judiciary, and Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
April 16, 2021
Additional sponsors: Mr. Hastings, Ms. Ross, Ms. Manning, Mr. Kahele, Ms. Leger Fernandez, Mr. Lamb, Mr. Mrvan, Ms. Davids of Kansas, Mr. San Nicolas, Ms. Strickland, Ms. Schrier, Mr. Levin of California, Ms. Bourdeaux, and Mr. Gottheimer
April 16, 2021
Reported from the Committee on Oversight and Reform with an amendment
[Strike out all after the enacting clause and insert the part printed in italic]
April 16, 2021
Committees on Rules, Armed Services, the Judiciary, and Energy and Commerce discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed
[For text of introduced bill, see copy of bill as introduced on January 4, 2021]
To provide for the admission of the State of Washington, D.C. into the Union.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
(b) Table of contents.—The table of contents of this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 101. Admission into the Union.
Sec. 102. Election of Senators and Representative.
Sec. 103. Issuance of presidential proclamation.
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.
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.
Sec. 201. Treatment of military lands.
Sec. 202. Waiver of claims to Federal property.
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.
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.
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.
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.
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.
Sec. 401. General definitions.
Sec. 402. Statehood Transition Commission.
Sec. 403. Certification of enactment by President.
Sec. 404. Severability.
(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.
(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.
(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”.
(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.
(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.
(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;
(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 13½ Street NW;
(61) thence north along said eastern right-of-way of 13½ 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;
(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).
(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.
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.
(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”.
(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—
(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—
(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”.
(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:
(2) TITLE 10, UNITED STATES CODE.—Title 10, United States Code, is amended as follows:
(A) DEFINITIONS.—In section 101—
(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—
(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”.
(J) OTHER SENIOR NATIONAL GUARD BUREAU OFFICERS.—In subparagraphs (A) and (B) of section 10506(a)(1)—
(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”.
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.
(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.
(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.
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.
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.
(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.
(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.
(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.
(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.”.
(a) Renaming.—
(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) 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”.
(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”.
(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”.
(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:
(e) Other conforming amendments.—
(f) Definition.—Section 451 of title 28, United States Code, is amended by adding at the end the following new undesignated paragraph:
(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”.
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.”.
(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.
(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—
(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.
(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) In general.—Chapter 1 of title 3, United States Code, is amended—
(a) Joint resolution described.—In this section, the term “joint resolution” means a joint resolution—
(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—
(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;
(3) CONSIDERATION.—When the House of Representatives proceeds to consideration of the joint resolution—
(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.
(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;
(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—
(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
(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.
(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.
(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.
(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).
(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—
(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.
(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.
(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.
(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
(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) 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.
(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.
(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.
(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—
(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.
(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:
(2) COMPOSITION OF NATIONAL CAPITAL PLANNING COMMISSION.—Section 8711(b) of title 40, United States Code, is amended—
(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) 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”.
(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:
(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”:
(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”.
(a) Continuation of role.—Chapter 95 of title 40, United States Code, is amended by adding at the end the following new section:
Ҥ 9508. Applicability to Capital and State of Washington, Douglass Commonwealth
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).
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.
(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.
(a) Establishment.—There is established the Statehood Transition Commission (hereafter in this section referred to as the “Commission”).
(b) Composition.—
(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.
(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.
(c) Staff.—
(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.
(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.
(f) Meetings.—
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.
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.
Union Calendar No. 6 | |||||
| |||||
[Report No. 117–19, Part I] | |||||
A BILL | |||||
To provide for the admission of the State of Washington, D.C. into the Union. | |||||
April 16, 2021 | |||||
Reported from the Committee on Oversight and Reform with an amendment | |||||
April 16, 2021 | |||||
Committees on Rules, Armed Services, the Judiciary, and Energy and Commerce discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed |