Federal

Washington, D.C. Admission Act

Source: Congress.gov · 22,594 words in original text

What This Bill Does

This bill would admit Washington, D.C. as a new state called "Washington, Douglass Commonwealth" into the United States. The bill carves out a smaller central area to remain as the nation's capital (called "the Capital") where federal buildings like the White House and Capitol Building are located. The rest of D.C. would become the new state with its own state government, two senators, and one representative in Congress. ##

Who It Affects

- People living in Washington, D.C. - The federal government and its agencies - Congress and federal courts - People living in the Capital area where federal buildings are located - All U.S. states (regarding voting procedures for D.C. residents) - Federal employees and retirees with benefits from D.C. programs ##

Key Provisions

- The state would be admitted with two U.S. senators and initially one representative in the House (expanding to 436 total House members), with equal rights to other states (Sec. 101) - A smaller "Capital" area containing federal monuments, the White House, Capitol Building, Supreme Court, and nearby federal office buildings would remain under federal control instead of becoming part of the state (Sec. 112) - The state would hold elections for its two senators and representative within 30 days of presidential certification, with results certified to the President (Sec. 102) - Federal property and military lands would remain under federal authority, though the state could exercise concurrent jurisdiction where consistent with federal law (Sec. 201) - People living in the Capital area could vote in federal elections in their state of most recent residence through absentee ballots (Sec. 221) - The federal courts in the area would be renamed to reference the new state and Capital, but location and jurisdiction would remain the same (Sec. 212) ##

What Changes

If this bill passes, D.C. would transform from a federal district into a state with full state government powers and representation in Congress. The District of Columbia Delegate position to Congress would be eliminated. Residents in the Capital area (where federal buildings sit) would retain the ability to vote elsewhere rather than in a separate federal jurisdiction. Federal courts would be renamed. The House of Representatives would permanently expand from 435 to 436 members. All existing D.C. laws would continue to apply in the new state unless changed by state law or federal law, except laws would no longer apply in the Capital area itself. ##

Important Definitions

- **"Capital"**: The area serving as the seat of the U.S. government, consisting of specific property boundaries that include federal monuments, the White House, Capitol Building, Supreme Court Building, and federal buildings adjacent to the National Mall (Sec. 112) - **"State of Washington, Douglass Commonwealth"**: The new state created by this bill, consisting of all current D.C. territory except the Capital (Sec. 101) - **"Absent Capital voter"**: A person who lives in the Capital and is qualified to vote in another state, where that other state was their last place of residence before moving to the Capital (Sec. 221) ##

Effective Date

Not specified in bill text. The bill indicates various provisions take effect "upon the admission of the State into the Union" or "upon the date of the admission of the State into the Union," but does not state a specific calendar date when admission would occur.

II 118TH CONGRESS 1ST SESSION S. 51 To provide for the admission of the State of Washington, D.C. into the Union. IN THE SENATE OF THE UNITED STATES JANUARY 24 (legislative day, JANUARY 3), 2023 Mr. CARPER (for himself, Mr. VAN HOLLEN, Ms. BALDWIN, Mr. BENNET, Mr. BLUMENTHAL, Mr. BOOKER, Mr. BROWN, Ms. CANTWELL, Mr. CARDIN, Mr. CASEY, Mr. COONS, Ms. CORTEZ MASTO, Ms. DUCKWORTH, Mr. DURBIN, Mrs. FEINSTEIN, Mr. FETTERMAN, Ms. HASSAN, Mr. HICKENLOOPER, Ms. HIRONO, Mr. KAINE, Ms. KLOBUCHAR, Mr. LUJA´N, Mr. MARKEY, Mr. MENENDEZ, Mr. MERKLEY, Mr. MURPHY, Mrs. MUR- RAY, Mr. OSSOFF, Mr. PADILLA, Mr. PETERS, Mr. REED, Mr. SANDERS, Mr. SCHATZ, Mr. SCHUMER, Ms. SMITH, Ms. STABENOW, Mr. WARNER, Mr. WARNOCK, Ms. WARREN, Mr. WELCH, Mr. WHITEHOUSE, Mr. WYDEN, Mr. HEINRICH, and Mrs. SHAHEEN) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To provide for the admission of the State of Washington, D.C. into the Union. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 3 (a) SHORT TITLE.—This Act may be cited as the 4 ‘‘Washington, D.C. Admission Act’’. 5 VerDate Sep 11 2014 05:11 Jan 25, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S51.IS S51 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •S 51 IS (b) TABLE OF CONTENTS.—The table of contents of 1 this Act is as follows: 2 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 VerDate Sep 11 2014 05:11 Jan 25, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6211 E:\BILLS\S51.IS S51 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •S 51 IS Subtitle A—Employee Benefits Sec. 301. Federal benefit payments under certain retirement programs. Sec. 302. Continuation of Federal civil service benefits for employees first em- ployed prior to establishment of District of Columbia merit personnel system. Sec. 303. Obligations of Federal Government under judges’ retirement pro- gram. 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 1 WASHINGTON, D.C. 2 Subtitle A—Procedures for 3 Admission 4 SEC. 101. ADMISSION INTO THE UNION. 5 (a) IN GENERAL.—Subject to the provisions of this 6 Act, upon the issuance of the proclamation required by 7 section 103(a), the State of Washington, Douglass Com- 8 monwealth is declared to be a State of the United States 9 of America, and is declared admitted into the Union on 10 VerDate Sep 11 2014 05:11 Jan 25, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S51.IS S51 pbinns on DSKJLVW7X2PROD with $$_JOB 4 •S 51 IS an equal footing with the other States in all respects what- 1 ever. 2 (b) CONSTITUTION OF STATE.—The State Constitu- 3 tion shall always be republican in form and shall not be 4 repugnant to the Constitution of the United States or the 5 principles of the Declaration of Independence. 6 (c) NONSEVERABILITY.—If any provision of this sec- 7 tion, or the application thereof to any person or cir- 8 cumstance, is held to be invalid, the remaining provisions 9 of this Act and any amendments made by this Act shall 10 be treated as invalid. 11 SEC. 102. ELECTION OF SENATORS AND REPRESENTATIVE. 12 (a) ISSUANCE OF PROCLAMATION.— 13 (1) IN GENERAL.—Not more than 30 days after 14 receiving certification of the enactment of this Act 15 from the President pursuant to section 403, the 16 Mayor shall issue a proclamation for the first elec- 17 tions for 2 Senators and one Representative in Con- 18 gress from the State, subject to the provisions of 19 this section. 20 (2) SPECIAL RULE FOR ELECTIONS OF SEN- 21 ATORS.—In the elections of Senators from the State 22 pursuant to paragraph (1), the 2 Senate offices shall 23 be separately identified and designated, and no per- 24 son may be a candidate for both offices. No such 25 VerDate Sep 11 2014 05:11 Jan 25, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S51.IS S51 pbinns on DSKJLVW7X2PROD with $$_JOB 5 •S 51 IS identification or designation of either of the offices 1 shall refer to or be taken to refer to the terms of 2 such offices, or in any way impair the privilege of 3 the Senate to determine the class to which each of 4 the Senators shall be assigned. 5 (b) RULES FOR CONDUCTING ELECTIONS.— 6 (1) IN GENERAL.—The proclamation of the 7 Mayor issued under subsection (a) shall provide for 8 the holding of a primary election and a general elec- 9 tion, and at such elections the officers required to be 10 elected as provided in subsection (a) shall be chosen 11 by the qualified voters of the District of Columbia 12 in the manner required by the laws of the District 13 of Columbia. 14 (2) CERTIFICATION OF RESULTS.—Election re- 15 sults shall be certified in the manner required by the 16 laws of the District of Columbia, except that the 17 Mayor shall also provide written certification of the 18 results of such elections to the President. 19 (c) ASSUMPTION OF DUTIES.—Upon the admission 20 of the State into the Union, the Senators and Representa- 21 tive elected at the elections described in subsection (a) 22 shall be entitled to be admitted to seats in Congress and 23 to all the rights and privileges of Senators and Represent- 24 atives of the other States in Congress. 25 VerDate Sep 11 2014 05:11 Jan 25, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S51.IS S51 pbinns on DSKJLVW7X2PROD with $$_JOB 6 •S 51 IS (d) EFFECT OF ADMISSION ON HOUSE OF REP- 1 RESENTATIVES MEMBERSHIP.— 2 (1) PERMANENT INCREASE IN NUMBER OF 3 MEMBERS.—Effective with respect to the Congress 4 during which the State is admitted into the Union 5 and each succeeding Congress, the House of Rep- 6 resentatives shall be composed of 436 Members, in- 7 cluding any Members representing the State. 8 (2) INITIAL NUMBER OF REPRESENTATIVES 9 FOR STATE.—Until the taking effect of the first ap- 10 portionment of Members occurring after the admis- 11 sion of the State into the Union, the State shall be 12 entitled to one Representative in the House of Rep- 13 resentatives upon its admission into the Union. 14 (3) APPORTIONMENT OF MEMBERS RESULTING 15 FROM ADMISSION OF STATE.— 16 (A) APPORTIONMENT.—Section 22(a) of 17 the Act entitled ‘‘An Act to provide for the fif- 18 teenth and subsequent decennial censuses and 19 to provide for apportionment of Representatives 20 in Congress’’, approved June 18, 1929 (2 21 U.S.C. 2a(a)), is amended by striking ‘‘the then 22 existing number of Representatives’’ and insert- 23 ing ‘‘436 Representatives’’. 24 VerDate Sep 11 2014 05:11 Jan 25, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S51.IS S51 pbinns on DSKJLVW7X2PROD with $$_JOB 7 •S 51 IS (B) EFFECTIVE DATE.—The amendment 1 made by subparagraph (A) shall apply with re- 2 spect to the first regular decennial census con- 3 ducted after the admission of the State into the 4 Union and each subsequent regular decennial 5 census. 6 SEC. 103. ISSUANCE OF PRESIDENTIAL PROCLAMATION. 7 (a) IN GENERAL.—The President, upon the certifi- 8 cation of the results of the elections of the officers re- 9 quired to be elected as provided in section 102(a), shall, 10 not later than 90 days after receiving such certification 11 pursuant to section 102(b)(2), issue a proclamation an- 12 nouncing the results of such elections as so ascertained. 13 (b) ADMISSION OF STATE UPON ISSUANCE OF PROC- 14 LAMATION.—Upon the issuance of the proclamation by the 15 President under subsection (a), the State shall be declared 16 admitted into the Union as provided in section 101(a). 17 Subtitle B—Seat of Government of 18 the United States 19 SEC. 111. TERRITORY AND BOUNDARIES. 20 (a) IN GENERAL.—Except as provided in subsection 21 (b), the State shall consist of all of the territory of the 22 District of Columbia as of the date of the enactment of 23 this Act, subject to the results of the metes and bounds 24 survey conducted under subsection (c). 25 VerDate Sep 11 2014 05:11 Jan 25, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S51.IS S51 pbinns on DSKJLVW7X2PROD with $$_JOB 8 •S 51 IS (b) EXCLUSION OF PORTION REMAINING AS SEAT OF 1 GOVERNMENT OF UNITED STATES.—The territory of the 2 State shall not include the area described in section 112, 3 which shall be known as the ‘‘Capital’’ and shall serve as 4 the seat of the Government of the United States, as pro- 5 vided in clause 17 of section 8 of article I of the Constitu- 6 tion of the United States. 7 (c) METES AND BOUNDS SURVEY.—Not later than 8 180 days after the date of the enactment of this Act, the 9 President (in consultation with the Chair of the National 10 Capital Planning Commission) shall conduct a metes and 11 bounds survey of the Capital, as described in section 12 112(b). 13 SEC. 112. DESCRIPTION OF CAPITAL. 14 (a) IN GENERAL.—Subject to subsection (c), upon 15 the admission of the State into the Union, the Capital 16 shall consist of the property described in subsection (b) 17 and shall include the principal Federal monuments, the 18 White House, the Capitol Building, the United States Su- 19 preme Court Building, and the Federal executive, legisla- 20 tive, and judicial office buildings located adjacent to the 21 Mall and the Capitol Building (as such terms are used 22 in section 8501(a) of title 40, United States Code). 23 (b) GENERAL DESCRIPTION.—Upon the admission of 24 the State into the Union, the boundaries of the Capital 25 VerDate Sep 11 2014 05:11 Jan 25, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S51.IS S51 pbinns on DSKJLVW7X2PROD with $$_JOB 9 •S 51 IS shall be as follows: Beginning at the intersection of the 1 southern right-of-way of F Street NE and the eastern 2 right-of-way of 2nd Street NE; 3 (1) thence south along said eastern right-of-way 4 of 2nd Street NE to its intersection with the north- 5 eastern right-of-way of Maryland Avenue NE; 6 (2) thence southwest along said northeastern 7 right-of-way of Maryland Avenue NE to its intersec- 8 tion with the northern right-of-way of Constitution 9 Avenue NE; 10 (3) thence west along said northern right-of- 11 way of Constitution Avenue NE to its intersection 12 with the eastern right-of-way of 1st Street NE; 13 (4) thence south along said eastern right-of-way 14 of 1st Street NE to its intersection with the south- 15 eastern right-of-way of Maryland Avenue NE; 16 (5) thence northeast along said southeastern 17 right-of-way of Maryland Avenue NE to its intersec- 18 tion with the eastern right-of-way of 2nd Street SE; 19 (6) thence south along said eastern right-of-way 20 of 2nd Street SE to the eastern right-of-way of 2nd 21 Street SE; 22 (7) thence south along said eastern right-of-way 23 of 2nd Street SE to its intersection with the north- 24 VerDate Sep 11 2014 05:11 Jan 25, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S51.IS S51 pbinns on DSKJLVW7X2PROD with $$_JOB 10 •S 51 IS ern property boundary of the property designated as 1 Square 760 Lot 803; 2 (8) thence east along said northern property 3 boundary of Square 760 Lot 803 to its intersection 4 with the western right-of-way of 3rd Street SE; 5 (9) thence south along said western right-of- 6 way of 3rd Street SE to its intersection with the 7 northern right-of-way of Independence Avenue SE; 8 (10) thence west along said northern right-of- 9 way of Independence Avenue SE to its intersection 10 with the northwestern right-of-way of Pennsylvania 11 Avenue SE; 12 (11) thence northwest along said northwestern 13 right-of-way of Pennsylvania Avenue SE to its inter- 14 section with the eastern right-of-way of 2nd Street 15 SE; 16 (12) thence south along said eastern right-of- 17 way of 2nd Street SE to its intersection with the 18 southern right-of-way of C Street SE; 19 (13) thence west along said southern right-of- 20 way of C Street SE to its intersection with the east- 21 ern right-of-way of 1st Street SE; 22 (14) thence south along said eastern right-of- 23 way of 1st Street SE to its intersection with the 24 southern right-of-way of D Street SE; 25 VerDate Sep 11 2014 05:11 Jan 25, 2023 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S51.IS S51 pbinns on DSKJLVW7X2PROD with $$_JOB 11 •S 51 I [Text truncated for display. Full text available on Congress.gov.]

Important: This plain English summary was generated by AI and is provided for informational purposes only. It is not legal advice. Always consult the official bill text on Congress.gov or a qualified attorney for legal matters.