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Title II — Interests of Federal Government

H.R. 8516 · 116th Congress · Oct 2, 2020 · Lineage

II Interests of Federal Government

A Property

Sec. 201 Title to property

(a)
Retention of Federal title— The United States shall have and retain title to, or jurisdiction over, for purposes of administration and maintenance, all real and personal property which, on the day before the date of the retrocession under section 102, is located in the District of Columbia and with respect to which, on such day, the United States holds title or jurisdiction for such purpose.
(b)
Title to property formerly held by District of Columbia— The State of Maryland shall have title to, or jurisdiction over, for purposes of administration and maintenance, all real and personal property with respect to which, on the day before the date of the retrocession under section 102, the District of Columbia holds title or jurisdiction for such purposes.

Sec. 202 Treatment of military lands

(a)
Reservation of Federal authority—
(1)
In general— Subject to subparagraph (B) and paragraph (2) and notwithstanding the retrocession under section 2, 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 District of Columbia that, on the day before the date of the retrocession, 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 subparagraph (A) 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 of Maryland—
(1)
In general— The reservation of authority in the United States under paragraph (1) shall not operate to prevent such tracts or parcels of land from being a part of the State of Maryland, 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 of Maryland 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 paragraph (1) in suits or prosecutions for or on account of rights acquired, obligations incurred, or crimes committed in the State but outside of such lands.

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 Federal District”.
(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 retrocession under section 102.

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 “Federal District”; and
(B)
in the second column, by striking “District of Columbia” and inserting “Federal District”.
(2)
District Court— Section 88 of such title is amended—
(A)
in the heading, by striking “District of Columbia” and inserting “Federal District”;
(B)
by amending the first paragraph to read as follows:
(C)
in the second paragraph, by striking “Washington” and inserting “the Federal District”.
(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 “Federal District”.
(2)
Terms of Court— Section 48(a) of such title is amended—
(A)
in the first column, by striking “District of Columbia” and inserting “Federal District”;
(B)
in the second column, by striking “Washington” and inserting “Federal District”; and
(C)
in the second column, by striking “District of Columbia” and inserting “Federal District”.
(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 “Federal District”.
(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 Federal District 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 Federal District 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 “Federal District”.
(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 “the Federal District”.
(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 “the Federal District”.
(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 “the Federal District”.
(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 “the Federal District”.
(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 “the Federal District”.
(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 “the Federal District”.
(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 “Federal District”.
(2)
Location of Court of Federal Claims— Section 173 of such title is amended by striking “the District of Columbia” and inserting “the Federal District”.
(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 Federal District”.
(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 Federal District.”

(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 Federal District”.
(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 Federal District”; and
(B)
by striking “the District of Columbia” and inserting “the Federal District”.
(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 Federal District”.
(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 Federal District”.
(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 Federal District;
(2)
to the District of Columbia Circuit shall be deemed to refer to the Federal District 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 the Federal District.
(h)
Effective date— This section and the amendments made by this section shall take effect upon the retrocession under section 102.

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 Federal District”.
(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 “the Federal District”; and
(B)
by striking “the District of Columbia” the second place it appears and inserting “the Federal District”.
(2)
Judicial review of removal— Section 596(a)(3) of such title is amended by striking “the District of Columbia” and inserting “the Federal District”.
(c)
Effective date— The amendments made by this section shall take effect upon the retrocession under section 102.

C Federal Elections

Sec. 221 Permitting individuals residing in Federal District 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 Federal District 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 Federal District voter, if the application is received by the appropriate State election official not less than 30 days before the election.
(2)
Absent Federal District voter defined— In this section, the term absent Federal district voter means, with respect to a State, a person who resides in the Federal District and is qualified to vote in the State (or who would be qualified to vote in the State but for residing in the Federal District), but only if the State is the last place in which the person was domiciled before residing in the Federal district.
(3)
State defined— In this section, the term State means each of the several States.
(b)
Effective date— This section shall take effect upon the date of the retrocession under section 102, 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)
Repeal of Office—
(1)
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.
(2)
Conforming Amendments to District of Columbia Elections Code of 1955— The District of Columbia Elections Code of 1955 is amended—
(A)
in section 1 (sec. 1–1001.01, D.C. Official Code), by striking “the Delegate to the House of Representatives,”;
(B)
in section 2 (sec. 1–1001.02, D.C. Official Code)—
(i)
by striking paragraph (6);
(ii)
in paragraph (12), by striking “(except the Delegate to Congress for the District of Columbia)”; and
(iii)
in paragraph (13), by striking “the Delegate to Congress for the District of Columbia,”;
(C)
in section 8 (sec. 1–1001.08, D.C. Official Code)—
(i)
by striking “Delegate,” in the heading; and
(ii)
by striking “Delegate,” each place it appears in subsections (d), (h)(1)(A), (h)(2), (i)(1), (j)(1), (j)(3), and (k)(3);
(D)
in section 10 (sec. 1–1001.10, D.C. Official Code)—
(i)
by striking subparagraph (A) of subsection (a)(3); and
(ii)
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);
(E)
in section 11(a)(2) (sec. 1–1001.11(a)(2), D.C. Official Code), by striking “Delegate to the House of Representatives,”;
(F)
in section 15(b) (sec. 1–1001.15(b), D.C. Official Code), by striking “Delegate,”; and
(G)
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”.
(3)
Effective Date— The amendments made by this subsection shall take effect on the date on which the individual serving as the Delegate to the House of Representatives from the District of Columbia first serves as a member of the House of Representatives from the State of Maryland.
(b)
Temporary increase in apportionment—
(1)
In general— Until the taking effect of the first reapportionment occurring after the effective date of this Act—
(A)
the individual serving as the Delegate to the House of Representatives from the District of Columbia shall serve as a member of the House of Representatives from the State of Maryland;
(B)
the State of Maryland shall be entitled to 1 additional Representative until the taking effect of such reapportionment; and
(C)
such Representative shall be in addition to the membership of the House of Representatives as now prescribed by law.
(2)
Increase not counted against total number of members— The temporary increase in the membership of the House of Representatives provided under paragraph (1) shall not operate to either increase or decrease the permanent membership of the House of Representatives as prescribed in the Act of August 8, 1911 (37 Stat. 13; 2 U.S.C. 2), nor shall such temporary increase affect the basis of reapportionment established by the Act of November 15, 1941 (55 Stat. 761; 2 U.S.C. 2a), for the 82nd Congress and each Congress thereafter.

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 retrocession under section 102, and shall apply to any election of the President and Vice-President taking place on or after such date.