H.R. 3877 — Washington, D.C. Residents Voting Act

This section cedes to the State of Maryland the territory originally provided by Maryland to establish the District of Columbia as the seat of the U.S. government, upon presidential proclamation under section 102(b), except for the Federal District described in section 111. The Federal District continues to serve as the permanent seat of government under exclusive congressional legislative authority.

This section conditions retrocession of specified District of Columbia territory to Maryland under section 101 on the state enacting legislation to accept it and directs the President to issue a proclamation within 30 days after such enactment announcing the acceptance and declaring the territory—originally ceded by Maryland to serve as the seat of the U.S. government—ceded back to the state.

This section establishes the boundaries of the Federal District upon retrocession under section 101 to consist of specified property—including the principal federal monuments, the White House, the Capitol Building, the United States Supreme Court Building, and federal executive, legislative, and judicial office buildings adjacent to the Mall and the Capitol—as detailed in metes-and-bounds descriptions in subsection (b) beginning at the intersection of F Street NE and 2nd Street NE.

This section revises Title 32, United States Code, governing the National Guard, by striking references to "the District of Columbia"—including from definitions of Army National Guard and Air National Guard in section 101(4) and (6) (previously applicable to the organized militia of the several States and Territories, Puerto Rico, and the District of Columbia; now the several States and Territories, and Puerto Rico)—and from numerous provisions on organization, units, command, training, drug interdiction, youth programs, supplies, and property (sections 103–115, 304–328, 501–509, 702–715). It also eliminates specific authorities and references applicable only to the District of Columbia National Guard (e.g., its commanding general); adds in section 101(20) a definition of "Federal District" as the area serving as the seat of the U.S. Government described in section 111 of the Washington, D.C. Residents Voting Act; and makes conforming amendments, including in section 901(2).

This section provides that, upon retrocession under section 102, the criminal laws of Maryland and Maryland laws regulating vehicular traffic apply in the Federal District to the same extent as in Maryland and are deemed laws of the United States applicable only in the Federal District (except as otherwise provided in this Act or other Acts of Congress).

This section terminates the legal status of the Federal District (or any portion thereof) as a municipal corporation and body corporate for municipal purposes, notwithstanding specified D.C. laws, effective upon the date of the retrocession under section 102. (Thus, the Federal District will cease to serve as a government.)

This section designates the State of Maryland as the legal successor to the District of Columbia in all matters and provides that 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 continue unaffected by the retrocession, except as modified by this Act or by laws of Maryland or the United States.

This section requires the transfer of all writs, actions, indictments, causes, or proceedings pending in District of Columbia courts on the effective date of the Act to appropriate courts of the State of Maryland, where they shall continue without abatement. The section further provides that any unappealed order or decision of a District of Columbia court as of the effective date shall be treated as an order or decision of a Maryland court for purposes of appeal and appellate review in Maryland courts.

This section provides that the retrocession under section 102 does not affect obligations under any existing contracts or agreements to which the District of Columbia or the United States is a party as of the day before the retrocession date. The section further deems the State of Maryland to be the successor to the District of Columbia for purposes of any interstate compact in effect on the day before the retrocession date.

This section allocates title to and jurisdiction over real and personal property in the District of Columbia as of the day before retrocession to Maryland under section 102 as follows: (1) the United States retains title or jurisdiction, for administration and maintenance purposes, to all such property it held on that date; and (2) Maryland receives title or jurisdiction, for those purposes, to all such property held by the District of Columbia on that date.

This section reserves in the United States the power of exclusive legislation over tracts or parcels of land in the District of Columbia that, as of the day before retrocession under section 2, are controlled or owned by the United States for defense or Coast Guard purposes, notwithstanding the retrocession. Such federal authority applies only for so long as the land remains controlled or owned by the United States for those purposes. The lands remain part of the State of Maryland, which may exercise concurrent jurisdiction consistent with federal laws enacted pursuant to the reservation and serve civil or criminal process there for rights acquired, obligations incurred, or crimes committed in the state but outside such lands.

This section revises residency requirements for certain federal judicial and law enforcement officials by eliminating exceptions previously applicable to the District of Columbia, as follows: (1) requires circuit judges to reside within 50 miles of the Federal District (previously excepting District of Columbia judges and referring to the District of Columbia); (2) eliminates the residency exception for district judges of the District of Columbia (retaining exceptions for the Southern District of New York and certain other districts); (3) requires United States attorneys to reside in their district, except those for the Southern and Eastern Districts of New York may reside within 20 miles thereof; (4) permits the United States marshal for the Southern District of New York to reside within 20 miles of the district; and (5) eliminates the residency exception for clerks of District of Columbia district courts. The amendments apply only to individuals appointed after the date of the retrocession under section 102.

This section renames the United States Court of Appeals for the District of Columbia as the United States Court of Appeals for the Federal District Circuit and the United States District Court for the District of Columbia as the United States District Court for the Federal District in 28 U.S.C. §§ 41 and 88, including clerical amendments to related headings and tables of contents. It makes conforming amendments throughout Title 28, replacing "District of Columbia" with "Federal District" (or "Federal District Circuit" as applicable) in provisions governing (1) court of appeals judges, terms, jurisdiction, and procedures (§§ 44, 48, 49, 2265, and 2343); (2) district court judges, jurisdiction, and venue (§§ 133, 1346, 1355, 1391, 1402, 1413, and 2467); (3) other courts including bankruptcy judges and the Court of Federal Claims (§§ 152, 173, 175, 456, 462, and 798); and (4) service of process (§§ 1608 and 2410). The section further (1) adds a definition of "Federal District" in 28 U.S.C. § 451 as the area serving as the seat of the U.S. government, per section 111 of the Washington, D.C. Residents Voting Act; and (2) deems any reference in other federal laws, rules, or regulations to the prior court names to refer to the Federal District courts.

This section amends provisions in title 28, United States Code, relating to the Department of Justice—specifically, the appointment of United States trustees and additional personnel for independent counsels, as well as judicial review of independent counsel removals—by replacing each reference to “the District of Columbia” with “the Federal District”. The amendments take effect upon the retrocession under section 102.

This section requires each state to permit absent Federal District voters—U.S. citizens residing in the District of Columbia who were previously domiciled in that state and otherwise qualified (or would be qualified but for their DC residence)—to register to vote and vote by absentee ballot in general, special, primary, and runoff elections for federal office. States must (1) allow such voters to use absentee registration procedures and absentee ballots and (2) accept and process otherwise valid voter registration applications from such voters if received at least 30 days before the election. This section takes effect upon the date of retrocession under section 102 and applies to elections for federal office occurring on or after that date.

This section repeals the office of Delegate to the House of Representatives from the District of Columbia (i.e., the non-voting position established by the District of Columbia Delegate Act of 1970 representing approximately 700,000 DC residents) and restores or revives all prior law amended or repealed by that Act. It further (1) directs the current Delegate to serve as a voting Representative from Maryland upon that office's repeal; (2) entitles Maryland to one additional Representative (thus temporarily increasing total House membership above 435, the level fixed since 1911) until the first reapportionment after the Act's effective date; and (3) specifies that this temporary increase does not affect the permanent House membership of 435 Representatives or the basis for future reapportionments. The repeal and conforming amendments to the District of Columbia Elections Code of 1955—striking all references to the Delegate—take effect when the current Delegate first serves as a Maryland Representative.

This section repeals 3 U.S.C. §21, which authorizes the District of Columbia to appoint in such manner as Congress directs three electors of President and Vice President. The repeal takes effect upon the date of the retrocession under section 102 and applies to any presidential election occurring on or after that date.

This section preserves entitlements to and obligations under the District of Columbia Retirement Protection Act of 1997—which provides federal assumption of unfunded pension liabilities for certain D.C. police, firefighters, and judges—following retrocession under section 102. Specifically, it (1) continues individual entitlements to federal benefit payments in the same manner, extent, and terms; (2) maintains federal obligations to such individuals, the state of Maryland (formerly the District of Columbia), and the D.C. Federal Pension Fund; and (3) transfers District of Columbia obligations under the Act to the state of Maryland.

This section preserves obligations under title 5, U.S. Code (federal civil service laws), for individuals first employed by the District of Columbia government before October 1, 1987—including those owed by the federal government to such individuals or the District of Columbia (which remain obligations to the individuals and the State of Maryland after retrocession under section 102) and those owed by the District of Columbia to such individuals or the federal government (which become obligations of Maryland). (Thus, these pre-1987 hires retain federal retirement, health, and other civil service benefits notwithstanding the shift to state jurisdiction.)

This section maintains federal obligations under the District of Columbia judges' retirement program (i.e., subchapter III of chapter 15 of title 11, District of Columbia Official Code) with respect to certain judges and the State of Maryland following retrocession of the District of Columbia under section 102. Specifically, it (1) preserves obligations arising from service accrued prior to retrocession in the same manner, to the same extent, and subject to the same terms and conditions previously applicable to the individual and the District of Columbia; and (2) applies such obligations to service accrued after retrocession for individuals serving as judges in Maryland on or after that date, under the same terms applicable to individuals and the District of Columbia as of the retrocession date.

This section continues federal employee benefits under chapters of subpart G of part III of title 5, United States Code (i.e., retirement, health, and life insurance programs), for District of Columbia Public Defender Service employees treated as federal employees as of the day before retrocession under section 102—but only for those who serve on or after retrocession with the public defender service of the State of Maryland (or an applicable Maryland jurisdiction) in the retroceded territory. The section designates the federal government as the employing agency responsible for employer contributions to those benefits.

This section provides that employees of the United States Parole Commission (USPC) and Court Services and Offender Supervision Agency for the District of Columbia (CSOSA)—who, as of the day before retrocession under section 102, transfer to Maryland state offices (or applicable jurisdictions) exercising specified parole/supervision authorities or providing related services—continue to be treated as federal employees for benefits under chapters of subpart G, part III, title 5, United States Code (i.e., federal retirement, health, life insurance, and related programs). The federal government remains responsible for employer contributions to those benefits. (1) For former USPC employees, the relevant Maryland authorities are granting/denying/revoking parole and imposing parole conditions for eligible imprisoned felons under Maryland law, and exercising authority over Maryland released offenders. (2) For former CSOSA employees, the relevant Maryland services are pretrial services for individuals charged with Maryland offenses; supervision of Maryland probationers, parolees, and those on supervised release; and sex offender registration for Maryland sex offenders.

This section continues treatment of certain District of Columbia courts and court system employees—who are treated as Federal employees for benefits under specified chapters of 5 U.S.C. subpart G, part III, title 5 (i.e., chapters on workers' compensation, life insurance, health benefits, retirement, and related matters), per D.C. Official Code §§ 11-1726(b) or (c)—as Federal employees for such purposes following retrocession under section 102, but only if they serve in the courts or court system of the State of Maryland (or relevant Maryland jurisdiction) on or after the retrocession date. The Federal Government is treated as the employing agency responsible for employer contributions to those benefits.

This section continues the designation of certain District of Columbia (D.C.) felons to Bureau of Prisons (BOP) facilities after the date of retrocession under section 102. Specifically, it maintains the application of Chapter 1 of subtitle C of title XI of the National Capital Revitalization and Self-Government Improvement Act of 1997—which transferred responsibility for incarcerating D.C. Code felony offenders from the District to the federal BOP—to individuals serving D.C. Code sentences in BOP-operated or contracted facilities as of the retrocession date.

This section continues application of the District of Columbia College Access Act of 1999 for individuals who received tuition assistance payments from the Mayor during the award year of retrocession under section 102, applying the act after retrocession in the same manner and to the same extent as before. (As background, the act provides matching payments to colleges and universities on behalf of qualifying District residents for postsecondary tuition and fees.)

This section continues the Scholarships for Opportunity and Results Act—authorizing the D.C. Opportunity Scholarship Program (i.e., federally funded vouchers for low-income D.C. students to attend private schools)—for individuals awarded scholarships for the school year during which retrocession occurs under section 102. (Thus, such individuals remain eligible after retrocession to the same extent as before.)

This section amends statutes governing the National Capital Planning Commission (NCPC), which reviews plans for federal land and buildings in the National Capital Region; the Commission of Fine Arts (CFA), which advises on the design of federal buildings and public spaces; and commemorative works, which establishes procedures for authorizing memorials and monuments, to limit their application to the "Federal District" (i.e., the seat of the U.S. government as described in section 111 of the Washington, D.C. Residents Voting Act, plus certain federal properties)—following retrocession of specified District of Columbia territory to Maryland under section 102 of that Act—and makes related conforming changes; the amendments take effect on the retrocession date. **(a) NCPC.** (1) Continues application of chapter 87 of title 40, U.S. Code, to the Federal District post-retrocession as it applied to the District of Columbia pre-retrocession. (2) Revises NCPC composition under 40 U.S.C. §8711(b) to require four citizen members appointed by the President, including one resident of Virginia, one of Maryland, and one of the territory retroceded to Maryland. (3) Updates definitions in 40 U.S.C. §8702, including "environs" (to territory surrounding the Federal District, from surrounding the District of Columbia), "Federal District," and "National Capital Region" (to include the Federal District and territory retroceded to Maryland). **(b) CFA.** Limits application under 40 U.S.C. §9102(a)(1) to the Federal District (from the District of Columbia); adds a definition of "Federal District"; and replaces "District of Columbia" with "Capital" in 40 U.S.C. §9101(d). **(c) Commemorative Works.** (1) Limits chapter 89 of title 40, U.S. Code, to commemorative works in the Federal District and its environs. (2) Redefines "District of Columbia and its environs" in 40 U.S.C. §8902(a)(2) as "Capital and its environs," comprising the Federal District and National Park Service/General Services Administration lands in the Reserve, Area I, and Area II per the specified map that are outside retroceded territory. (3) Updates temporary site references in 40 U.S.C. §8907(a) to the Federal District and its environs (from District of Columbia). (4) Replaces "District of Columbia and its environs" with "Federal District and its environs" throughout specified sections of chapter 89. (5) In 40 U.S.C. §8901(2), replaces reference to the "urban fabric of the District of Columbia" with that of the seat of government as described in section 112 of the Washington, D.C. Residents Voting Act.

This section amends chapter 95 of title 40, United States Code—which authorizes the Army Corps of Engineers to construct, operate, and maintain water supply facilities and services in the National Capital region—by adding a new section 9508. Effective upon retrocession under section 102 of the Washington, D.C. Residents Voting Act, that section deems any reference in the chapter to the District of Columbia to refer instead to the Federal District (i.e., the area serving as the seat of the U.S. government, as described in section 111 of that Act) or the territory ceded and relinquished to Maryland, as applicable. (Thus, the Army Corps' water supply authorities continue to apply to both the remaining federal seat of government and the retroceded area.)

This section deems the location of any person in the Federal District or territory ceded to Maryland pursuant to the retrocession under section 102, as of the day after such retrocession, to satisfy any preexisting legal requirement to be located in the District of Columbia. This includes requirements under 4 U.S.C. 72 (i.e., all offices attached to the seat of government must be exercised in the District of Columbia, and not elsewhere, except as otherwise provided by law) and title 36, U.S. Code (relating to patriotic and national organizations).