Washington, D.C. Admission Act (H.R. 51; 117th Congress)/Title II/Subtitle B

by Eleanor Holmes Norton

SEC. 211. RESIDENCY REQUIREMENTS FOR CERTAIN FEDERAL OFFICIALS.

(a) Circuit Judges.—Section 44(c) of title 28, United States Code, is amended—

(1) by striking “Except in the District of Columbia, each” and inserting “Each”; and

(2) by striking “within fifty miles of the District of Columbia” and inserting “within fifty miles of the Capital”.

(b) District Judges.—Section 134(b) of such title is amended in the first sentence by striking “the District of Columbia, the Southern District of New York, and” and inserting “the Southern District of New York and”.

(c) United States Attorneys.—Section 545(a) of such title is amended by striking the first sentence and inserting “Each United States attorney shall reside in the district for which he or she is appointed, except that those officers of the Southern District of New York and the Eastern District of New York may reside within 20 miles thereof.”.

(d) United States Marshals.—Section 561(e)(1) of such title is amended to read as follows:

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

(e) Clerks Of District Courts.—Section 751(c) of such title is amended by striking “the District of Columbia and”.

(f) Effective Date.—The amendments made by this section shall apply only to individuals appointed after the date of the admission of the State into the Union.

SEC. 212. RENAMING OF FEDERAL COURTS.

(a) Renaming.—

(1) CIRCUIT COURT.—Section 41 of title 28, United States Code, is amended—

(A) in the first column, by striking “District of Columbia” and inserting “Capital”; and

(B) in the second column, by striking “District of Columbia” and inserting “Capital; Washington, Douglass Commonwealth”.

(2) DISTRICT COURT.—Section 88 of such title is amended—

(A) in the heading, by striking “District of Columbia” and inserting “Washington, Douglass Commonwealth and the Capital”;

(B) by amending the first paragraph to read as follows:

“The State of Washington, Douglass Commonwealth and the Capital comprise one judicial district.”; and

(C) in the second paragraph, by striking “Washington” and inserting “the Capital”.

(3) CLERICAL AMENDMENT.—The item relating to section 88 in the table of sections for chapter 5 of such title is amended to read as follows:

“88. Washington, Douglass Commonwealth and the Capital.”.

(b) Conforming Amendments Relating To Court Of Appeals.—Title 28, United States Code, is amended as follows:

(1) APPOINTMENT OF JUDGES.—Section 44(a) of such title is amended in the first column by striking “District of Columbia” and inserting “Capital”.

(2) TERMS OF COURT.—Section 48(a) of such title is amended—

(A) in the first column, by striking “District of Columbia” and inserting “Capital”;

(B) in the second column, by striking “Washington” and inserting “Capital”; and

(C) in the second column, by striking “District of Columbia” and inserting “Capital”.

(3) APPOINTMENT OF INDEPENDENT COUNSELS BY CHIEF JUDGE OF CIRCUIT.—Section 49 of such title is amended by striking “District of Columbia” each place it appears and inserting “Capital”.

(4) CIRCUIT COURT JURISDICTION OVER CERTIFICATION OF DEATH PENALTY COUNSELS.—Section 2265(c)(2) of such title is amended by striking “the District of Columbia Circuit” and inserting “the Capital Circuit”.

(5) CIRCUIT COURT JURISDICTION OVER REVIEW OF FEDERAL AGENCY ORDERS.—Section 2343 of such title is amended by striking “the District of Columbia Circuit” and inserting “the Capital Circuit”.

(c) Conforming Amendments Relating To District Court.—Title 28, United States Code, is amended as follows:

(1) APPOINTMENT AND NUMBER OF DISTRICT COURT JUDGES.—Section 133(a) of such title is amended in the first column by striking “District of Columbia” and inserting “Washington, Douglass Commonwealth and the Capital”.

(2) DISTRICT COURT JURISDICTION OF TAX CASES BROUGHT AGAINST UNITED STATES.—Section 1346(e) of such title is amended by striking “the District of Columbia” and inserting “Washington, Douglass Commonwealth and the Capital”.

(3) DISTRICT COURT JURISDICTION OVER PROCEEDINGS FOR FORFEITURE OF FOREIGN PROPERTY.—Section 1355(b)(2) of such title is amended by striking “the District of Columbia” and inserting “Washington, Douglass Commonwealth and the Capital”.

(4) DISTRICT COURT JURISDICTION OVER CIVIL ACTIONS BROUGHT AGAINST A FOREIGN STATE.—Section 1391(f)(4) of such title is amended by striking “the District of Columbia” and inserting “Washington, Douglass Commonwealth and the Capital”.

(5) DISTRICT COURT JURISDICTION OVER ACTIONS BROUGHT BY CORPORATIONS AGAINST UNITED STATES.—Section 1402(a)(2) of such title is amended by striking “the District of Columbia” and inserting “Washington, Douglass Commonwealth and the Capital”.

(6) VENUE IN DISTRICT COURT OF CERTAIN ACTIONS BROUGHT BY EMPLOYEES OF EXECUTIVE OFFICE OF THE PRESIDENT.—Section 1413 of such title is amended by striking “the District of Columbia” and inserting “Washington, Douglass Commonwealth and the Capital”.

(7) VENUE IN DISTRICT COURT OF ACTION ENFORCING FOREIGN JUDGMENT.—Section 2467(c)(2)(B) of such title is amended by striking “the District of Columbia” and inserting “Washington, Douglass Commonwealth and the Capital”.

(d) Conforming Amendments Relating To Other Courts.—Title 28, United States Code, is amended as follows:

(1) APPOINTMENT OF BANKRUPTCY JUDGES.—Section 152(a)(2) of such title is amended in the first column by striking “District of Columbia” and inserting “Washington, Douglass Commonwealth and the Capital”.

(2) LOCATION OF COURT OF FEDERAL CLAIMS.—Section 173 of such title is amended by striking “the District of Columbia” and inserting “the Capital”.

(3) DUTY STATION OF JUDGES OF COURT OF FEDERAL CLAIMS.—Section 175 of such title is amended by striking “the District of Columbia” each place it appears and inserting “the Capital”.

(4) DUTY STATION OF JUDGES FOR PURPOSES OF TRAVELING EXPENSES.—Section 456(b) of such title is amended to read as follows:

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

(5) COURT ACCOMMODATIONS FOR FEDERAL CIRCUIT AND COURT OF FEDERAL CLAIMS.—Section 462(d) of such title is amended by striking “the District of Columbia” and inserting “the Capital”.

(6) PLACES OF HOLDING COURT OF COURT OF FEDERAL CLAIMS.—Section 798(a) of such title is amended—

(A) by striking “Washington, District of Columbia” and inserting “the Capital”; and

(B) by striking “the District of Columbia” and inserting “the Capital”.

(e) Other Conforming Amendments.—

(1) SERVICE OF PROCESS ON FOREIGN PARTIES AT STATE DEPARTMENT OFFICE.—Section 1608(a)(4) of such title is amended by striking “Washington, District of Columbia” and inserting “the Capital”.

(2) SERVICE OF PROCESS IN PROPERTY CASES AT ATTORNEY GENERAL OFFICE.—Section 2410(b) of such title is amended by striking “Washington, District of Columbia” and inserting “the Capital”.

(f) Definition.—Section 451 of title 28, United States Code, is amended by adding at the end the following new undesignated paragraph:

“The term ‘Capital’ means the area serving as the seat of the Government of the United States, as described in section 112 of the Washington, D.C. Admission Act.”.

(g) References In Other Laws.—Any reference in any Federal law (other than a law amended by this section), rule, or regulation—

(1) to the United States Court of Appeals for the District of Columbia shall be deemed to refer to the United States Court of Appeals for the Capital;

(2) to the District of Columbia Circuit shall be deemed to refer to the Capital Circuit; and

(3) to the United States District Court for the District of Columbia shall be deemed to refer to the United States District Court for Washington, Douglass Commonwealth and the Capital.

(h) Effective Date.—This section and the amendments made by this section shall take effect upon the admission of the State into the Union.

SEC. 213. CONFORMING AMENDMENTS RELATING TO DEPARTMENT OF JUSTICE.

(a) Appointment Of United States Trustees.—Section 581(a)(4) of title 28, United States Code, is amended by striking “the District of Columbia” and inserting “the Capital and Washington, Douglass Commonwealth”.

(b) Independent Counsels.—

(1) APPOINTMENT OF ADDITIONAL PERSONNEL.—Section 594(c) of such title is amended—

(A) by striking “the District of Columbia” the first place it appears and inserting “Washington, Douglass Commonwealth and the Capital”; and

(B) by striking “the District of Columbia” the second place it appears and inserting “Washington, Douglass Commonwealth”.

(2) JUDICIAL REVIEW OF REMOVAL.—Section 596(a)(3) of such title is amended by striking “the District of Columbia” and inserting “Washington, Douglass Commonwealth and the Capital”.

(c) Effective Date.—The amendments made by this section shall take effect upon the admission of the State into the Union.

SEC. 214. TREATMENT OF PRETRIAL SERVICES IN UNITED STATES DISTRICT COURT.

Section 3152 of title 18, United States Code, is amended—

(1) in subsection (a), by striking “(other than the District of Columbia)” and inserting “(subject to subsection (d), other than the District of Columbia)”; and

(2) by adding at the end the following new subsection:

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

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

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