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Bill
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Title II — Interests of Federal Government

H.R. 51 · 116th Congress · Jun 29, 2020 · Lineage

II Interests of Federal Government

A Federal Property

Sec. 201 Treatment of military lands

(a)
Reservation of Federal authority—
(1)
In general— Subject to paragraph (2) and subsection (b) and notwithstanding the admission of the State into the Union, authority is reserved in the United States for the exercise by Congress of the power of exclusive legislation in all cases whatsoever over such tracts or parcels of land located in the State that, on the day before the date of the admission of the State into the Union, are controlled or owned by the United States and held for defense or Coast Guard purposes.
(2)
Limitation on authority— The power of exclusive legislation described in paragraph (1) shall vest and remain in the United States only so long as the particular tract or parcel of land involved is controlled or owned by the United States and held for defense or Coast Guard purposes.
(b)
Authority of State—
(1)
In general— The reservation of authority in the United States under subsection (a) shall not operate to prevent such tracts or parcels of land from being a part of the State, or to prevent the State from exercising over or upon such lands, concurrently with the United States, any jurisdiction which it would have in the absence of such reservation of authority and which is consistent with the laws hereafter enacted by Congress pursuant to such reservation of authority.
(2)
Service of process— The State shall have the right to serve civil or criminal process in such tracts or parcels of land in which the authority of the United States is reserved under subsection (a) in suits or prosecutions for or on account of rights acquired, obligations incurred, or crimes committed in the State but outside of such lands.

Sec. 202 Waiver of claims to Federal property

(a)
In general— As a compact with the United States, the State and its people disclaim all right and title to any real or personal property not granted or confirmed to the State by or under the authority of this Act, the right or title to which is held by the United States or subject to disposition by the United States.
(b)
Effect on claims against United States—
(1)
In general— Nothing in this Act shall recognize, deny, enlarge, impair, or otherwise affect any claim against the United States, and any such claim shall be governed by applicable laws of the United States.
(2)
Rule of construction— Nothing in this Act is intended or shall be construed as a finding, interpretation, or construction by Congress that any applicable law authorizes, establishes, recognizes, or confirms the validity or invalidity of any claim referred to in paragraph (1), and the determination of the applicability to or the effect of any law on any such claim shall be unaffected by anything in this Act.

B Federal Courts

Sec. 211 Residency requirements for certain Federal officials

(a)
Circuit judges— Section 44(c) of title 28, United States Code, is amended—
(1)
by striking “Except in the District of Columbia, each” and inserting “Each”; and
(2)
by striking “within fifty miles of the District of Columbia” and inserting “within fifty miles of the Capital”.
(b)
District judges— Section 134(b) of such title is amended in the first sentence by striking “the District of Columbia, the Southern District of New York, and” and inserting “the Southern District of New York and”.
(c)
United States attorneys— Section 545(a) of such title is amended by striking the first sentence and inserting “Each United States attorney shall reside in the district for which he or she is appointed, except that those officers of the Southern District of New York and the Eastern District of New York may reside within 20 miles thereof.”.
(d)
United States marshals— Section 561(e)(1) of such title is amended to read as follows:

“(1) the marshal for the Southern District of New York may reside within 20 miles of the district; and”

(e)
Clerks of District Courts— Section 751(c) of such title is amended by striking “the District of Columbia and”.
(f)
Effective date— The amendments made by this section shall apply only to individuals appointed after the date of the admission of the State into the Union.

Sec. 212 Renaming of Federal courts

(a)
Renaming—
(1)
Circuit Court— Section 41 of title 28, United States Code, is amended—
(A)
in the first column, by striking “District of Columbia” and inserting “Capital”; and
(B)
in the second column, by striking “District of Columbia” and inserting “Capital; Washington, Douglass Commonwealth”.
(2)
District Court— Section 88 of such title is amended—
(A)
in the heading, by striking “District of Columbia” and inserting “Washington, Douglass Commonwealth and the Capital”;
(B)
by amending the first paragraph to read as follows:
(C)
in the second paragraph, by striking “Washington” and inserting “the Capital”.
(3)
Clerical amendment— The item relating to section 88 in the table of sections for chapter 5 of such title is amended to read as follows:
(b)
Conforming amendments relating to Court of Appeals— Title 28, United States Code, is amended as follows:
(1)
Appointment of judges— Section 44(a) of such title is amended in the first column by striking “District of Columbia” and inserting “Capital”.
(2)
Terms of Court— Section 48(a) of such title is amended—
(A)
in the first column, by striking “District of Columbia” and inserting “Capital”;
(B)
in the second column, by striking “Washington” and inserting “Capital” ; and
(C)
in the second column, by striking “District of Columbia” and inserting “Capital”.
(3)
Appointment of independent counsels by chief judge of circuit— Section 49 of such title is amended by striking “District of Columbia” each place it appears and inserting “Capital”.
(4)
Circuit Court jurisdiction over certification of death penalty counsels— Section 2265(c)(2) of such title is amended by striking “the District of Columbia Circuit” and inserting “the Capital Circuit”.
(5)
Circuit Court jurisdiction over review of Federal agency orders— Section 2343 of such title is amended by striking “the District of Columbia Circuit” and inserting “the Capital Circuit”.
(c)
Conforming amendments relating to District Court— Title 28, United States Code, is amended as follows:
(1)
Appointment and number of District Court judges— Section 133(a) of such title is amended in the first column by striking “District of Columbia” and inserting “Washington, Douglass Commonwealth and the Capital”.
(2)
District Court jurisdiction of tax cases brought against United States— Section 1346(e) of such title is amended by striking “the District of Columbia” and inserting “Washington, Douglass Commonwealth and the Capital”.
(3)
District Court jurisdiction over proceedings for forfeiture of foreign property— Section 1355(b)(2) of such title is amended by striking “the District of Columbia” and inserting “Washington, Douglass Commonwealth and the Capital”.
(4)
District Court jurisdiction over civil actions brought against a foreign state— Section 1391(f)(4) of such title is amended by striking “the District of Columbia” and inserting “Washington, Douglass Commonwealth and the Capital”.
(5)
District Court jurisdiction over actions brought by corporations against United States— Section 1402(a)(2) of such title is amended by striking “the District of Columbia” and inserting “Washington, Douglass Commonwealth and the Capital”.
(6)
Venue in District Court of certain actions brought by employees of Executive Office of the President— Section 1413 of such title is amended by striking “the District of Columbia” and inserting “Washington, Douglass Commonwealth and the Capital”.
(7)
Venue in District Court of action enforcing foreign judgment— Section 2467(c)(2)(B) of such title is amended by striking “the District of Columbia” and inserting “Washington, Douglass Commonwealth and the Capital”.
(d)
Conforming amendments relating to other courts— Title 28, United States Code, is amended as follows:
(1)
Appointment of bankruptcy judges— Section 152(a)(2) of such title is amended in the first column by striking “District of Columbia” and inserting “Washington, Douglass Commonwealth and the Capital”.
(2)
Location of Court of Federal Claims— Section 173 of such title is amended by striking “the District of Columbia” and inserting “the Capital”.
(3)
Duty station of judges of Court of Federal Claims— Section 175 of such title is amended by striking “the District of Columbia” each place it appears and inserting “the Capital”.
(4)
Duty station of judges for purposes of traveling expenses— Section 456(b) of such title is amended to read as follows:

“(b) The official duty station of the Chief Justice of the United States, the Justices of the Supreme Court of the United States, and the judges of the United States Court of Appeals for the Federal Circuit shall be the Capital.”

(5)
Court accommodations for Federal Circuit and Court of Federal Claims— Section 462(d) of such title is amended by striking “the District of Columbia” and inserting “the Capital”.
(6)
Places of holding court of Court of Federal Claims— Section 798(a) of such title is amended—
(A)
by striking “Washington, District of Columbia” and inserting “the Capital”; and
(B)
by striking “the District of Columbia” and inserting “the Capital”.
(e)
Other conforming amendments—
(1)
Service of process on foreign parties at State Department office— Section 1608(a)(4) of such title is amended by striking “Washington, District of Columbia” and inserting “the Capital”.
(2)
Service of process in property cases at Attorney General office— Section 2410(b) of such title is amended by striking “Washington, District of Columbia” and inserting “the Capital”.
(f)
Definition— Section 451 of title 28, United States Code, is amended by adding at the end the following new undesignated paragraph:
(g)
References in other laws— Any reference in any Federal law (other than a law amended by this section), rule, or regulation—
(1)
to the United States Court of Appeals for the District of Columbia shall be deemed to refer to the United States Court of Appeals for the Capital;
(2)
to the District of Columbia Circuit shall be deemed to refer to the Capital Circuit; and
(3)
to the United States District Court for the District of Columbia shall be deemed to refer to the United States District Court for Washington, Douglass Commonwealth and the Capital.
(h)
Effective date— This section and the amendments made by this section shall take effect upon the admission of the State into the Union.

Sec. 213 Conforming amendments relating to Department of Justice

(a)
Appointment of United States Trustees— Section 581(a)(4) of title 28, United States Code, is amended by striking “the District of Columbia” and inserting “the Capital and Washington, Douglass Commonwealth”.
(b)
Independent counsels—
(1)
Appointment of additional personnel— Section 594(c) of such title is amended—
(A)
by striking “the District of Columbia” the first place it appears and inserting “Washington, Douglass Commonwealth and the Capital”; and
(B)
by striking “the District of Columbia” the second place it appears and inserting “Washington, Douglass Commonwealth”.
(2)
Judicial review of removal— Section 596(a)(3) of such title is amended by striking “the District of Columbia” and inserting “Washington, Douglass Commonwealth and the Capital”.
(c)
Effective date— The amendments made by this section shall take effect upon the admission of the State into the Union.

Sec. 214 Treatment of pretrial services in United States District Court

Section 3152 of title 18, United States Code, is amended—
(1)
in subsection (a), by striking “(other than the District of Columbia)” and inserting “(subject to subsection (d), other than the District of Columbia)”; and
(2)
by adding at the end the following new subsection:

“(d) In the case of the judicial district of Washington, Douglass Commonwealth and the Capital—

“(1) upon the admission of the State of Washington, Douglass Commonwealth into the Union, the Washington, Douglass Commonwealth Pretrial Services Agency shall continue to provide pretrial services in the judicial district in the same manner and to the same extent as the District of Columbia Pretrial Services Agency provided such services in the judicial district of the District of Columbia as of the day before the date of the admission of the State into the Union; and

“(2) upon the receipt by the President of the certification from the State of Washington, Douglass Commonwealth under section 315(b)(4) of the Washington, D.C. Admission Act that the State has in effect laws providing for the State to provide pre-trial services, paragraph (1) shall no longer apply, and the Director shall provide for the establishment of pretrial services in the judicial district under this section.”

C Federal Elections

Sec. 221 Permitting individuals residing in Capital to vote in Federal elections in State of most recent domicile

(a)
Requirement for states to permit individuals to vote by absentee ballot—
(1)
In general— Each State shall—
(A)
permit absent Capital voters to use absentee registration procedures and to vote by absentee ballot in general, special, primary, and runoff elections for Federal office; and
(B)
accept and process, with respect to any general, special, primary, or runoff election for Federal office, any otherwise valid voter registration application from an absent Capital voter, if the application is received by the appropriate State election official not less than 30 days before the election.
(2)
Absent Capital voter defined— In this section, the term absent Capital voter means, with respect to a State, a person who resides in the Capital and is qualified to vote in the State (or who would be qualified to vote in the State but for residing in the Capital), but only if the State is the last place in which the person was domiciled before residing in the Capital.
(3)
State defined— In this section, the term State means each of the several States, including the State.
(b)
Recommendations to States to maximize access to polls by absent Capital voters— To afford maximum access to the polls by absent Capital voters, it is the sense of Congress that the States should—
(1)
waive registration requirements for absent Capital voters who, by reason of residence in the Capital, do not have an opportunity to register;
(2)
expedite processing of balloting materials with respect to such individuals; and
(3)
assure that absentee ballots are mailed to such individuals at the earliest opportunity.
(c)
Enforcement— The Attorney General may bring a civil action in the appropriate district court of the United States for such declaratory or injunctive relief as may be necessary to carry out this section.
(d)
Effect on certain other laws— The exercise of any right under this section shall not affect, for purposes of a Federal tax, a State tax, or a local tax, the residence or domicile of a person exercising such right.
(e)
Effective date— This section shall take effect upon the date of the admission of the State into the Union, and shall apply with respect to elections for Federal office taking place on or after such date.

Sec. 222 Repeal of Office of District of Columbia Delegate

(a)
In General— Sections 202 and 204 of the District of Columbia Delegate Act (Public Law 91–405; sections 1–401 and 1–402, D.C. Official Code) are repealed, and the provisions of law amended or repealed by such sections are restored or revived as if such sections had not been enacted.
(b)
Conforming Amendments to District of Columbia Elections Code of 1955— The District of Columbia Elections Code of 1955 is amended—
(1)
in section 1 (sec. 1–1001.01, D.C. Official Code), by striking “the Delegate to the House of Representatives,”;
(2)
in section 2 (sec. 1–1001.02, D.C. Official Code)—
(A)
by striking paragraph (6),
(B)
in paragraph (12), by striking “(except the Delegate to Congress for the District of Columbia)”, and
(C)
in paragraph (13), by striking “the Delegate to Congress for the District of Columbia,”;
(3)
in section 8 (sec. 1–1001.08, D.C. Official Code)—
(A)
by striking “Delegate,” in the heading, and
(B)
by striking “Delegate,” each place it appears in subsections (d), (h)(1)(A), (h)(2), (i)(1), (j)(1), (j)(3), and (k)(3);
(4)
in section 10 (sec. 1–1001.10, D.C. Official Code)—
(A)
by striking subparagraph (A) of subsection (a)(3), and
(B)
in subsection (d)—
(i)
by striking “Delegate,” each place it appears in paragraph (1), and
(ii)
by striking paragraph (2) and redesignating paragraph (3) as paragraph (2);
(5)
in section 11(a)(2) (sec. 1–1001.11(a)(2), D.C. Official Code), by striking “Delegate to the House of Representatives,”;
(6)
in section 15(b) (sec. 1–1001.15(b), D.C. Official Code), by striking “Delegate,”; and
(7)
in section 17(a) (sec. 1–1001.17(a), D.C. Official Code), by striking “except the Delegate to the Congress from the District of Columbia”.
(c)
Effective Date— The amendments made by this section shall take effect upon the admission of the State into the Union.

Sec. 223 Repeal of law providing for participation of seat of government in election of President and Vice-President

(a)
In general— Chapter 1 of title 3, United States Code, is amended—
(1)
by striking section 21; and
(2)
in the table of sections, by striking the item relating to section 21.
(b)
Effective date— The amendments made by subsection (a) shall take effect upon the date of the admission of the State into the Union, and shall apply to any election of the President and Vice-President taking place on or after such date.

Sec. 224 Expedited procedures for consideration of constitutional amendment repealing 23rd Amendment

(a)
Joint resolution described— In this section, the term joint resolution means a joint resolution—
(1)
entitled “A joint resolution proposing an amendment to the Constitution of the United States to repeal the 23rd article of amendment”; and
(2)
the matter after the resolving clause of which consists solely of text to amend the Constitution of the United States to repeal the 23rd article of amendment to the Constitution.
(b)
Expedited consideration in House of Representatives—
(1)
Placement on calendar— Upon introduction in the House of Representatives, the joint resolution shall be placed immediately on the appropriate calendar.
(2)
Proceeding to consideration—
(A)
In general— It shall be in order, not later than 30 legislative days after the date the joint resolution is introduced in the House of Representatives, to move to proceed to consider the joint resolution in the House of Representatives.
(B)
Procedure— For a motion to proceed to consider the joint resolution—
(i)
all points of order against the motion are waived;
(ii)
such a motion shall not be in order after the House of Representatives has disposed of a motion to proceed on the joint resolution;
(iii)
the previous question shall be considered as ordered on the motion to its adoption without intervening motion;
(iv)
the motion shall not be debatable; and
(v)
a motion to reconsider the vote by which the motion is disposed of shall not be in order.
(3)
Consideration— When the House of Representatives proceeds to consideration of the joint resolution—
(A)
the joint resolution shall be considered as read;
(B)
all points of order against the joint resolution and against its consideration are waived;
(C)
the previous question shall be considered as ordered on the joint resolution to its passage without intervening motion except 10 hours of debate equally divided and controlled by the proponent and an opponent;
(D)
an amendment to the joint resolution shall not be in order; and
(E)
a motion to reconsider the vote on passage of the joint resolution shall not be in order.
(c)
Expedited consideration in Senate—
(1)
Placement on calendar— Upon introduction in the Senate, the joint resolution shall be placed immediately on the calendar.
(2)
Proceeding to consideration—
(A)
In general— Notwithstanding rule XXII of the Standing Rules of the Senate, it is in order, not later than 30 legislative days after the date the joint resolution is introduced in the Senate (even though a previous motion to the same effect has been disagreed to) to move to proceed to the consideration of the joint resolution.
(B)
Procedure— For a motion to proceed to the consideration of the joint resolution—
(i)
all points of order against the motion are waived;
(ii)
the motion is not debatable;
(iii)
the motion is not subject to a motion to postpone;
(iv)
a motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order; and
(v)
if the motion is agreed to, the joint resolution shall remain the unfinished business until disposed of.
(3)
Floor consideration—
(A)
In general— If the Senate proceeds to consideration of the joint resolution—
(i)
all points of order against the joint resolution (and against consideration of the joint resolution) are waived;
(ii)
consideration of the joint resolution, and all debatable motions and appeals in connection therewith, shall be limited to not more than 30 hours, which shall be divided equally between the majority and minority leaders or their designees;
(iii)
a motion further to limit debate is in order and not debatable;
(iv)
an amendment to, a motion to postpone, or a motion to commit the joint resolution is not in order; and
(v)
a motion to proceed to the consideration of other business is not in order.
(B)
Vote on passage— In the Senate the vote on passage shall occur immediately following the conclusion of the consideration of the joint resolution, and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the Senate.
(C)
Rulings of the chair on procedure— Appeals from the decisions of the Chair relating to the application of this subsection or the rules of the Senate, as the case may be, to the procedure relating to the joint resolution shall be decided without debate.
(d)
Rules relating to Senate and House of Representatives—
(1)
Coordination with action by other House— If, before the passage by one House of the joint resolution of that House, that House receives from the other House the joint resolution—
(A)
the joint resolution of the other House shall not be referred to a committee; and
(B)
with respect to the joint resolution of the House receiving the resolution—
(i)
the procedure in that House shall be the same as if no joint resolution had been received from the other House; and
(ii)
the vote on passage shall be on the joint resolution of the other House.
(2)
Treatment of joint resolution of other House— If one House fails to introduce or consider the joint resolution under this section, the joint resolution of the other House shall be entitled to expedited floor procedures under this section.
(3)
Treatment of companion measures— If, following passage of the joint resolution in the Senate, the Senate receives the companion measure from the House of Representatives, the companion measure shall not be debatable.
(e)
Rules of House of Representatives and Senate— This section is enacted by Congress—
(1)
as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of the joint resolution, and supersede other rules only to the extent that it is inconsistent with such rules; and
(2)
with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House.