[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3732 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 3732

    To provide for the retrocession of the District of Columbia to 
                   Maryland, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           December 19, 2011

 Mr. Gohmert introduced the following bill; which was referred to the 
    Committee on the Judiciary, and in addition to the Committee on 
   Oversight and Government Reform, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
    To provide for the retrocession of the District of Columbia to 
                   Maryland, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``District of Columbia-Maryland 
Reunion Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Residents of Washington, D.C. pay Federal income tax, 
        but do not have voting members in the United States Congress.
            (2) Article I, section 2, clause 1 of the United States 
        Constitution states that the ``House of Representatives shall 
        be composed of members chosen every second year by the people 
        of the several states.''.
            (3) The Founding Fathers did not consider the proposed 
        district that would become Washington, D.C. a State under the 
        Constitution, as evidenced when Alexander Hamilton offered an 
        amendment to the Constitution during the New York ratification 
        to provide full congressional representation to Washington, 
        D.C., but the convention rejected the amendment on July 22, 
        1788. Thomas Tredwell stated at the same convention that the 
        plan for Washington, D.C. ``departs from every principle of 
        freedom'' because it did not give residents full representation 
        in Congress.
            (4) Chief Justice Marshall held in Hepburn v. Ellzey in 
        1805 that the term ``states'' in article I, section 2, clause 1 
        of the Constitution does not include Washington, D.C. for 
        representation purposes.
            (5) Seven Supreme Court Justices affirmed Chief Justice 
        Marshall's Hepburn reasoning in National Mut. Ins. Co. of Dist. 
        of Col. v. Tidewater Transfer Co. in 1949.
            (6) A Democrat-controlled Congress in 1978 attempted to 
        amend the Constitution to provide Washington, D.C. with full 
        congressional representation. The Committee on the Judiciary of 
        the House of Representatives reported the resolution and stated 
        that granting congressional representation to the District of 
        Columbia as it is presently constituted would require a 
        constitutional amendment, because ``statutory action alone will 
        not suffice''.
            (7) Proposals to grant Washington, D.C. congressional 
        representation will inevitably be challenged in court, calling 
        into question the validity of any narrowly passed legislation 
        that a Washington, D.C. member votes on and leaving Washington, 
        D.C. residents in a continued state of flux over their status.
            (8) Amending the Constitution requires two-thirds approval 
        by each house of Congress and ratification by three-fourths of 
        the States. In 1978, there was success in obtaining a favorable 
        vote from two-thirds of both the House and the Senate on a 
        constitutional amendment to provide Washington, D.C. with full 
        congressional representation, but the requirement for 
        ratification by three-fourths of the States could not be 
        obtained.
            (9) An alternative to a potentially lengthy and difficult 
        constitutional amendment process is ceding Washington, D.C. 
        back to Maryland, just as an area of 31 square miles that was 
        originally ceded by Virginia was returned to that State by 
        Federal legislation in 1847, thereby ensuring that the portion 
        of Washington, D.C. in Virginia would have Senate and House 
        representation.
            (10) In 1847, there was a desire to allow the District of 
        Columbia land on the west side of the Potomac River that was 
        not being used by the Federal Government to have its own proper 
        representation in Congress.
            (11) Obtaining the desired representation for this portion 
        of Washington, D.C. would have required a constitutional 
        amendment unless the land were given back to Virginia.
            (12) Instead of trying to pass a constitutional amendment, 
        Congress in 1847 legislatively ceded back to Virginia from the 
        District of Columbia the non-Federal land composed of 31 square 
        miles on the west side of the Potomac River.
            (13) Accordingly, the District of Columbia would clearly 
        and constitutionally have 2 Senators and a Representative with 
        full voting rights by ceding the District of Columbia to 
        Maryland after Maryland's acceptance of such retrocession, 
        while maintaining the exclusive legislative authority and 
        control of Congress over the National Capital Service Area in 
        the District of Columbia.

SEC. 3. RETROCESSION OF DISTRICT OF COLUMBIA TO MARYLAND.

    (a) In General.--Upon the issuance of a proclamation by the 
President under section 8 and except as provided in subsection (b), the 
territory ceded to Congress by the State of Maryland to serve as the 
District constituting the permanent seat of the Government of the 
United States is ceded and relinquished to the State of Maryland.
    (b) Continuation of Federal Control Over National Capital Service 
Area.--Notwithstanding subsection (a), the National Capital Service 
Area described in section 5 shall not be ceded and relinquished to the 
State of Maryland and shall continue to serve as the permanent seat of 
the Government of the United States, and Congress shall continue to 
exercise exclusive legislative authority and control over such Area.

SEC. 4. EFFECT ON JUDICIAL PROCEEDINGS IN DISTRICT OF COLUMBIA.

    (a) Continuation of Suits.--No writ, action, indictment, cause, or 
proceeding pending in any court of the District of Columbia on the 
effective date of this Act shall abate as a result of the enactment of 
this Act, but shall be transferred and shall proceed within such 
appropriate court of the State of Maryland as established under the 
laws or constitution of the State of Maryland.
    (b) Appeals.--An order or decision of any court of the District of 
Columbia for which no appeal has been filed as of the effective date of 
this Act shall be considered an order or decision of a court of the 
State of Maryland for purposes of appeal from and appellate review of 
such order or decision in an appropriate court of the State of 
Maryland.

SEC. 5. NATIONAL CAPITAL SERVICE AREA.

    (a) Description.--The National Capital Service Area referred to in 
section 3(b) is comprised of the principal Federal monuments, the White 
House, the United States Capitol, the United States Supreme Court 
Building, and the Federal executive, legislative, and judicial office 
buildings located adjacent to the Mall and the United States Capitol 
(but shall not include the District Building), and is more particularly 
described as the territory located within the following boundaries:
Beginning at the point on the present Virginia-District of Columbia 
boundary due west of the northernmost point of Theodore Roosevelt 
Island and running due east of the eastern shore of the Potomac River;
            thence generally south along the shore at the mean high 
        water mark to the northwest corner of the Kennedy Center;
            thence east along the north side of the Kennedy Center to a 
        point where it reaches the E Street Expressway;
            thence east on the expressway to E Street Northwest and 
        thence east on E Street Northwest to Nineteenth Street 
        Northwest;
            thence north on Nineteenth Street Northwest to F Street 
        Northwest;
            thence east on F Street Northwest to Eighteenth Street 
        Northwest;
            thence south on Eighteenth Street Northwest to Constitution 
        Avenue Northwest;
            thence east on Constitution Avenue to Seventeenth Street 
        Northwest;
            thence north on Seventeenth Street Northwest to H Street 
        Northwest;
            thence east on H Street Northwest to Madison Place 
        Northwest;
            thence south on Madison Place Northwest to Pennsylvania 
        Avenue Northwest;
            thence east on Pennsylvania Avenue Northwest to Fifteenth 
        Street Northwest;
            thence south on Fifteenth Street Northwest to Pennsylvania 
        Avenue Northwest;
            thence southeast on Pennsylvania Avenue Northwest to Tenth 
        Street Northwest;
            thence north on Tenth Street Northwest to E Street 
        Northwest;
            thence east on E Street Northwest to Ninth Street 
        Northwest;
            thence south on Ninth Street Northwest to Pennsylvania 
        Avenue Northwest;
            thence southeast on Pennsylvania Avenue Northwest to John 
        Marshall Place Northwest;
            thence north on John Marshall Place Northwest to C Street 
        Northwest;
            thence east on C Street Northwest to Third Street 
        Northwest;
            thence north on Third Street Northwest to D Street 
        Northwest;
            thence east on D Street Northwest to Second Street 
        Northwest;
            thence south on Second Street Northwest to the intersection 
        of Constitution Avenue Northwest and Louisiana Avenue 
        Northwest;
            thence northeast on Louisiana Avenue Northwest to North 
        Capitol Street;
            thence north on North Capitol Street to Massachusetts 
        Avenue Northwest;
            thence southeast on Massachusetts Avenue Northwest so as to 
        encompass Union Square;
            thence following Union Square to F Street Northeast;
            thence east on F Street Northeast to Second Street 
        Northeast;
            thence south on Second Street Northeast to D Street 
        Northeast;
            thence west on D Street Northeast to First Street 
        Northeast;
            thence south on First Street Northeast to C Street 
        Northeast;
            thence east on C Street Northeast to Third Street 
        Northeast;
            thence south on Third Street Northeast to Maryland Avenue 
        Northeast;
            thence south and west on Maryland Avenue Northeast to 
        Constitution Avenue Northeast;
            thence west on Constitution Avenue Northeast to First 
        Street Northeast;
            thence south on First Street Northeast to Maryland Avenue 
        Northeast;
            thence generally north and east on Maryland Avenue to 
        Second Street Northeast;
            thence south on Second Street Northeast to East Capitol 
        Street;
            thence east on East Capitol Street to Third Street 
        Northeast;
            thence south on Third Street Northeast to Independence 
        Avenue Southeast;
            thence west on Independence Avenue Southeast to Second 
        Street Southeast;
            thence south on Second Street Southeast to C Street 
        Southeast;
            thence west on C Street Southeast to New Jersey Avenue 
        Southeast;
            thence south on New Jersey Avenue Southeast to D Street 
        Southeast;
            thence west on D Street Southeast to Washington Avenue 
        Southwest;
            thence north and west on Washington Avenue Southwest to the 
        intersection of Independence Avenue Southwest and Second Street 
        Southwest;
            thence south on Second Street Southwest to Virginia Avenue 
        Southwest;
            thence generally west on Virginia Avenue to Third Street 
        Southwest;
            thence north on Third Street Southwest to C Street 
        Southwest;
            thence west on C Street Southwest to Sixth Street 
        Southwest;
            thence south on Sixth Street Southwest to E Street 
        Southwest;
            thence west on E Street Southwest to Seventh Street 
        Southwest;
            thence north on Seventh Street Southwest to Maryland Avenue 
        Southwest;
            thence west on Maryland Avenue Southwest to Ninth Street 
        Southwest;
            thence north on Ninth Street Southwest to Independence 
        Avenue Southwest;
            thence west on Independence Avenue Southwest to Twelfth 
        Street Southwest;
            thence south on Twelfth Street Southwest to D Street 
        Southwest;
            thence west on D Street Southwest to Fourteenth Street 
        Southwest;
            thence south on Fourteenth Street Southwest to the middle 
        of the Washington Channel;
            thence generally south and east along the midchannel of the 
        Washington Channel to a point due west of the northern boundary 
        line of Fort Lesley McNair;
            thence due east to the side of the Washington Channel;
            thence following generally south and east along the side of 
        the Washington Channel at the mean high water mark, to the 
        point of confluence with the Anacostia River, and along the 
        northern shore at the mean high water mark to the northernmost 
        point of the Eleventh Street Bridge;
            thence generally south and west along such shore at the 
        mean high water mark to the point of confluence of the 
        Anacostia and Potomac Rivers;
            thence generally south and east along the northern side of 
        the Eleventh Street Bridge to the eastern shore of the 
        Anacostia River;
            thence generally south along the eastern shore at the mean 
        high water mark of the Potomac River to the point where it 
        meets the present southeastern boundary line of the District of 
        Columbia;
            thence south and west along such southeastern boundary line 
        to the point where it meets the present Virginia-District of 
        Columbia boundary;
            thence generally north and west up the Potomac River along 
        the Virginia-District of Columbia boundary to the point of 
        beginning.
    (b) Streets and Sidewalks.--The National Capital Service Area shall 
include any street (and sidewalk thereof) that bounds such Area.
    (c) Affronting or Abutting Federal Real Property.--
            (1) In general.--The National Capital Service Area shall 
        include any Federal real property affronting or abutting such 
        Area as of the effective date of this Act.
            (2) Property included.--For purposes of paragraph (1), 
        Federal real property affronting or abutting the National 
        Capital Service Area--
                    (A) shall include the Department of Housing and 
                Urban Development Building, the Department of Energy 
                Building, Fort Lesley McNair, the Washington Navy Yard, 
                the Anacostia Naval Annex, the United States Naval 
                Station, Bolling Air Force Base, and the Naval Research 
                Laboratory; and
                    (B) shall not include any portion of Rock Creek 
                Park, any portion of Anacostia Park east of the 
                northern side of the Eleventh Street Bridge, or any 
                territory not located in the District of Columbia on 
                the day before the date of the enactment of this Act.

SEC. 6. TRANSITION PROVISIONS RELATING TO HOUSE OF REPRESENTATIVES.

    (a) 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.
    (b) Repeal of Laws Providing for Delegate From the District of 
Columbia.--
            (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) 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.

SEC. 7. EFFECT ON OTHER LAWS.

    No law or regulation which is in force on the effective date of 
this Act shall be deemed amended or repealed by this Act except to the 
extent specifically provided in this Act, or to the extent that such 
law or regulation is inconsistent with this Act.

SEC. 8. PROCLAMATION REGARDING ACCEPTANCE OF RETROCESSION BY MARYLAND.

    (a) Proclamation by State of Maryland.--Not later than 30 days 
after the State of Maryland enacts legislation accepting the 
retrocession described in section 3(a), the President shall issue a 
proclamation announcing such acceptance and declaring that the 
territory ceded to Congress by the State of Maryland to serve as the 
District constituting the permanent seat of the Government of the 
United States has been ceded back to the State of Maryland.
    (b) Report by Congressional Budget Office on Economic Impact.--
            (1) In general.--The Director of the Congressional Budget 
        Office shall prepare a report analyzing the anticipated 
        economic impact on the State of Maryland of the State's 
        acceptance of the retrocession described in section 3(a), 
        including the anticipated effect on the budgets of the State 
        government and local governments, and shall submit the report 
        to Congress and the governor of Maryland.
            (2) Delay in enactment of legislation.--The State of 
        Maryland may not enact legislation accepting the retrocession 
        described in section 3(a) until the expiration of the 1-year 
        period which begins on the date the Director of the 
        Congressional Budget Office submits the report prepared under 
        paragraph (1) to the governor of Maryland.

SEC. 9. EFFECTIVE DATE.

    The provisions of this Act and the amendments made by this Act 
shall take effect on the date the President issues a proclamation under 
section 8 or the date of the ratification of an amendment to the 
Constitution of the United States repealing the twenty-third article of 
amendment to the Constitution, whichever comes later.
                                 <all>