[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2681 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 2681
To provide for the retrocession of the District of Columbia to
Maryland, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 11, 2013
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, DC, 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, DC, 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, DC,
but the convention rejected the amendment on July 22, 1788.
Thomas Tredwell stated at the same convention that the plan for
Washington, DC, ``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, DC, 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, DC, 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, DC, congressional
representation will inevitably be challenged in court, calling
into question the validity of any narrowly-passed legislation
that a Washington, DC, member votes on and leaving Washington,
DC, 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, DC, 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, DC, 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, DC, 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, DC, 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.
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