District
of Columbia Retrocession Act (Introduced in the House)
HR 810
107th CONGRESS
1st Session
To provide for the retrocession of the District of Columbia to the
State of Maryland, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
March , 2001
Mr. REGULA (for himself, Mr. ROHRABACHER, Mr. HOBSON, Mr. HORN, Mr.
FOLEY, and Mr. DUNCAN) introduced the following bill; which was referred
to the Committee on the Judiciary, and in addition to the Committee on
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 the
State of 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 Retrocession Act'.
SEC. 2. RETROCESSION OF DISTRICT OF COLUMBIA TO MARYLAND.
a) IN GENERAL- Upon the issuance of a proclamation by the President
under section 7 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), Congress shall continue to exercise
exclusive legislative authority and control over the District of Columbia,
which shall consist of the National Capital Service Area described in
section 4.
SEC. 3. 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. 4. NATIONAL CAPITAL SERVICE AREA.
(a) DESCRIPTION- The National Capital Service Area referred to in
section 2(b) is comprised of the principal Federal monuments, the White
House, the Capitol Building, the United States Supreme Court Building, and
the Federal executive, legislative, and judicial office buildings located
adjacent to the Mall and the Capitol Building (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 west 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
shall--
(A) 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) 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. 5. 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- Sections 202 and 204 of the District of Columbia Delegate Act
(Public Law 91-405; sections 1-401 and 1-402, D.C. 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.
SEC. 6. 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. 7. PROCLAMATION REGARDING ACCEPTANCE OF RETROCESSION BY MARYLAND.
Not later than 30 days after the State of Maryland enacts legislation
accepting the retrocession described in section 2(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.
SEC. 8. 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
7 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.