I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘District of Columbia5 Maryland Reunion Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 


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1 (1) Residents of Washington, D.C. pay Federal 

2 income tax, but do not have voting members in the 

3 United States Congress. 

4 (2) Article I, section 2, clause 1 of the United 

5 States Constitution states that the ‘‘House of Rep6 resentatives shall be composed of members chosen 

7 every second year by the people of the several 

8 states.’’. 

9 (3) The Founding Fathers did not consider the 

10 proposed district that would become Washington, 

11 D.C. a State under the Constitution, as evidenced 

12 when Alexander Hamilton offered an amendment to 

13 the Constitution during the New York ratification to 

14 provide full congressional representation to Wash15 ington, D.C., but the convention rejected the amend16 ment on July 22, 1788. Thomas Tredwell stated at 

17 the same convention that the plan for Washington, 

18 D.C. ‘‘departs from every principle of freedom’’ be19 cause it did not give residents full representation in 

20 Congress. 

21 (4) Chief Justice Marshall held in Hepburn v. 

22 Ellzey in 1805 that the term ‘‘states’’ in article I, 

23 section 2, clause 1 of the Constitution does not in24 clude Washington, D.C. for representation purposes. 


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1 (5) Seven Supreme Court Justices affirmed 

2 Chief Justice Marshall’s Hepburn reasoning in Na3 tional Mut. Ins. Co. of Dist. of Col. v. Tidewater 

4 Transfer Co. in 1949. 

5 (6) A Democrat-controlled Congress in 1978 at6 tempted to amend the Constitution to provide Wash7 ington, D.C. with full congressional representation. 

8 The Committee on the Judiciary of the House of 

9 Representatives reported the resolution and stated 

10 that granting congressional representation to the 

11 District of Columbia as it is presently constituted 

12 would require a constitutional amendment, because 

13 ‘‘statutory action alone will not suffice’’. 

14 (7) Proposals to grant Washington, D.C. con15 gressional representation will inevitably be chal16 lenged in court, calling into question the validity of 

17 any narrowly passed legislation that a Washington, 

18 D.C. member votes on and leaving Washington, D.C. 

19 residents in a continued state of flux over their sta20 tus. 

21 (8) Amending the Constitution requires two22 thirds approval by each house of Congress and rati23 fication by three-fourths of the States. In 1978, 

24 there was success in obtaining a favorable vote from 

25 two-thirds of both the House and the Senate on a 


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1 constitutional amendment to provide Washington, 

2 D.C. with full congressional representation, but the 

3 requirement for ratification by three-fourths of the 

4 States could not be obtained. 

5 (9) An alternative to a potentially lengthy and 

6 difficult constitutional amendment process is ceding 

7 Washington, D.C. back to Maryland, just as an area 

8 of 31 square miles that was originally ceded by Vir9 ginia was returned to that State by Federal legisla10 tion in 1847, thereby ensuring that the portion of 

11 Washington, D.C. in Virginia would have Senate and 

12 House representation. 

13 (10) In 1847, there was a desire to allow the 

14 District of Columbia land on the west side of the Po15 tomac River that was not being used by the Federal 

16 Government to have its own proper representation in 

17 Congress. 

18 (11) Obtaining the desired representation for 

19 this portion of Washington, D.C. would have re20 quired a constitutional amendment unless the land 

21 were given back to Virginia. 

22 (12) Instead of trying to pass a constitutional 

23 amendment, Congress in 1847 legislatively ceded 

24 back to Virginia from the District of Columbia the 


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1 non-Federal land composed of 31 square miles on 

2 the west side of the Potomac River. 

3 (13) Accordingly, the District of Columbia 

4 would clearly and constitutionally have 2 Senators 

5 and a Representative with full voting rights by 

6 ceding the District of Columbia to Maryland after 

7 Maryland’s acceptance of such retrocession, while 

8 maintaining the exclusive legislative authority and 

9 control of Congress over the National Capital Serv10 ice Area in the District of Columbia. 

11 SEC. 3. RETROCESSION OF DISTRICT OF COLUMBIA TO 

12 MARYLAND. 

13 (a) IN GENERAL.—Upon the issuance of a proclama14 tion by the President under section 8 and except as pro15 vided in subsection (b), the territory ceded to Congress 

16 by the State of Maryland to serve as the District consti17 tuting the permanent seat of the Government of the 

18 United States is ceded and relinquished to the State of 

19 Maryland. 

20 (b) CONTINUATION OF FEDERAL CONTROL OVER

21 NATIONAL CAPITAL SERVICE AREA.—Notwithstanding 

22 subsection (a), the National Capital Service Area de23 scribed in section 5 shall not be ceded and relinquished 

24 to the State of Maryland and shall continue to serve as 

25 the permanent seat of the Government of the United 


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1 States, and Congress shall continue to exercise exclusive 

2 legislative authority and control over such Area. 

3 SEC. 4. EFFECT ON JUDICIAL PROCEEDINGS IN DISTRICT 

4 OF COLUMBIA. 

5 (a) CONTINUATION OF SUITS.—No writ, action, in6 dictment, cause, or proceeding pending in any court of the 

7 District of Columbia on the effective date of this Act shall 

8 abate as a result of the enactment of this Act, but shall 

9 be transferred and shall proceed within such appropriate 

10 court of the State of Maryland as established under the 

11 laws or constitution of the State of Maryland. 

12 (b) APPEALS.—An order or decision of any court of 

13 the District of Columbia for which no appeal has been filed 

14 as of the effective date of this Act shall be considered an 

15 order or decision of a court of the State of Maryland for 

16 purposes of appeal from and appellate review of such order 

17 or decision in an appropriate court of the State of Mary18 land. 

19 SEC. 5. NATIONAL CAPITAL SERVICE AREA. 

20 (a) DESCRIPTION.—The National Capital Service 

21 Area referred to in section 3(b) is comprised of the prin22 cipal Federal monuments, the White House, the United 

23 States Capitol, the United States Supreme Court Build24 ing, and the Federal executive, legislative, and judicial of25 fice buildings located adjacent to the Mall and the United 


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1 States Capitol (but shall not include the District Build2 ing), and is more particularly described as the territory 

3 located within the following boundaries: 

4 Beginning at the point on the present Virginia-District of 

5 Columbia boundary due west of the northernmost point 

6 of Theodore Roosevelt Island and running due east of the 

7 eastern shore of the Potomac River; 

8 thence generally south along the shore at the 

9 mean high water mark to the northwest corner of 

10 the Kennedy Center; 

11 thence east along the north side of the Kennedy 

12 Center to a point where it reaches the E Street Ex13 pressway; 

14 thence east on the expressway to E Street 

15 Northwest and thence east on E Street Northwest to 

16 Nineteenth Street Northwest; 

17 thence north on Nineteenth Street Northwest to 

18 F Street Northwest; 

19 thence east on F Street Northwest to Eight20 eenth Street Northwest; 

21 thence south on Eighteenth Street Northwest to 

22 Constitution Avenue Northwest; 

23 thence east on Constitution Avenue to Seven24 teenth Street Northwest; 


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1 thence north on Seventeenth Street Northwest 

2 to H Street Northwest; 

3 thence east on H Street Northwest to Madison 

4 Place Northwest; 

5 thence south on Madison Place Northwest to 

6 Pennsylvania Avenue Northwest; 

7 thence east on Pennsylvania Avenue Northwest 

8 to Fifteenth Street Northwest; 

9 thence south on Fifteenth Street Northwest to 

10 Pennsylvania Avenue Northwest; 

11 thence southeast on Pennsylvania Avenue 

12 Northwest to Tenth Street Northwest; 

13 thence north on Tenth Street Northwest to E 

14 Street Northwest; 

15 thence east on E Street Northwest to Ninth 

16 Street Northwest; 

17 thence south on Ninth Street Northwest to 

18 Pennsylvania Avenue Northwest; 

19 thence southeast on Pennsylvania Avenue 

20 Northwest to John Marshall Place Northwest; 

21 thence north on John Marshall Place Northwest 

22 to C Street Northwest; 

23 thence east on C Street Northwest to Third 

24 Street Northwest; 


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1 thence north on Third Street Northwest to D 

2 Street Northwest; 

3 thence east on D Street Northwest to Second 

4 Street Northwest; 

5 thence south on Second Street Northwest to the 

6 intersection of Constitution Avenue Northwest and 

7 Louisiana Avenue Northwest; 

8 thence northeast on Louisiana Avenue North9 west to North Capitol Street; 

10 thence north on North Capitol Street to Massa11 chusetts Avenue Northwest; 

12 thence southeast on Massachusetts Avenue 

13 Northwest so as to encompass Union Square; 

14 thence following Union Square to F Street 

15 Northeast; 

16 thence east on F Street Northeast to Second 

17 Street Northeast; 

18 thence south on Second Street Northeast to D 

19 Street Northeast; 

20 thence west on D Street Northeast to First 

21 Street Northeast; 

22 thence south on First Street Northeast to C 

23 Street Northeast; 

24 thence east on C Street Northeast to Third 

25 Street Northeast; 


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1 thence south on Third Street Northeast to 

2 Maryland Avenue Northeast; 

3 thence south and west on Maryland Avenue 

4 Northeast to Constitution Avenue Northeast; 

5 thence west on Constitution Avenue Northeast 

6 to First Street Northeast; 

7 thence south on First Street Northeast to 

8 Maryland Avenue Northeast; 

9 thence generally north and east on Maryland 

10 Avenue to Second Street Northeast; 

11 thence south on Second Street Northeast to 

12 East Capitol Street; 

13 thence east on East Capitol Street to Third 

14 Street Northeast; 

15 thence south on Third Street Northeast to 

16 Independence Avenue Southeast; 

17 thence west on Independence Avenue Southeast 

18 to Second Street Southeast; 

19 thence south on Second Street Southeast to C 

20 Street Southeast; 

21 thence west on C Street Southeast to New Jer22 sey Avenue Southeast; 

23 thence south on New Jersey Avenue Southeast 

24 to D Street Southeast; 


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1 thence west on D Street Southeast to Wash2 ington Avenue Southwest; 

3 thence north and west on Washington Avenue 

4 Southwest to the intersection of Independence Ave5 nue Southwest and Second Street Southwest; 

6 thence south on Second Street Southwest to 

7 Virginia Avenue Southwest; 

8 thence generally west on Virginia Avenue to 

9 Third Street Southwest; 

10 thence north on Third Street Southwest to C 

11 Street Southwest; 

12 thence west on C Street Southwest to Sixth 

13 Street Southwest; 

14 thence south on Sixth Street Southwest to E 

15 Street Southwest; 

16 thence west on E Street Southwest to Seventh 

17 Street Southwest; 

18 thence north on Seventh Street Southwest to 

19 Maryland Avenue Southwest; 

20 thence west on Maryland Avenue Southwest to 

21 Ninth Street Southwest; 

22 thence north on Ninth Street Southwest to 

23 Independence Avenue Southwest; 

24 thence west on Independence Avenue Southwest 

25 to Twelfth Street Southwest; 


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1 thence south on Twelfth Street Southwest to D 

2 Street Southwest; 

3 thence west on D Street Southwest to Four4 teenth Street Southwest; 

5 thence south on Fourteenth Street Southwest to 

6 the middle of the Washington Channel; 

7 thence generally south and east along the 

8 midchannel of the Washington Channel to a point 

9 due west of the northern boundary line of Fort Les10 ley McNair; 

11 thence due east to the side of the Washington 

12 Channel; 

13 thence following generally south and east along 

14 the side of the Washington Channel at the mean 

15 high water mark, to the point of confluence with the 

16 Anacostia River, and along the northern shore at the 

17 mean high water mark to the northernmost point of 

18 the Eleventh Street Bridge; 

19 thence generally south and west along such 

20 shore at the mean high water mark to the point of 

21 confluence of the Anacostia and Potomac Rivers; 

22 thence generally south and east along the 

23 northern side of the Eleventh Street Bridge to the 

24 eastern shore of the Anacostia River; 


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1 thence generally south along the eastern shore 

2 at the mean high water mark of the Potomac River 

3 to the point where it meets the present southeastern 

4 boundary line of the District of Columbia; 

5 thence south and west along such southeastern 

6 boundary line to the point where it meets the 

7 present Virginia-District of Columbia boundary; 

8 thence generally north and west up the Poto9 mac River along the Virginia-District of Columbia 

10 boundary to the point of beginning. 

11 (b) STREETS AND SIDEWALKS.—The National Cap12 ital Service Area shall include any street (and sidewalk 

13 thereof) that bounds such Area. 

14 (c) AFFRONTING OR ABUTTING FEDERAL REAL

15 PROPERTY.— 

16 (1) IN GENERAL.—The National Capital Serv17 ice Area shall include any Federal real property af18 fronting or abutting such Area as of the effective 

19 date of this Act. 

20 (2) PROPERTY INCLUDED.—For purposes of 

21 paragraph (1), Federal real property affronting or 

22 abutting the National Capital Service Area— 

23 (A) shall include the Department of Hous24 ing and Urban Development Building, the De25 partment of Energy Building, Fort Lesley 


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1 McNair, the Washington Navy Yard, the Ana2 costia Naval Annex, the United States Naval 

3 Station, Bolling Air Force Base, and the Naval 

4 Research Laboratory; and 

5 (B) shall not include any portion of Rock 

6 Creek Park, any portion of Anacostia Park east 

7 of the northern side of the Eleventh Street 

8 Bridge, or any territory not located in the Dis9 trict of Columbia on the day before the date of 

10 the enactment of this Act. 

11 SEC. 6. TRANSITION PROVISIONS RELATING TO HOUSE OF 

12 REPRESENTATIVES. 

13 (a) TEMPORARY INCREASE IN APPORTIONMENT.— 

14 (1) IN GENERAL.—Until the taking effect of the 

15 first reapportionment occurring after the effective 

16 date of this Act— 

17 (A) the individual serving as the Delegate 

18 to the House of Representatives from the Dis19 trict of Columbia shall serve as a member of 

20 the House of Representatives from the State of 

21 Maryland; 

22 (B) the State of Maryland shall be entitled 

23 to 1 additional Representative until the taking 

24 effect of such reapportionment; and 


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1 (C) such Representative shall be in addi2 tion to the membership of the House of Rep3 resentatives as now prescribed by law. 

4 (2) INCREASE NOT COUNTED AGAINST TOTAL

5 NUMBER OF MEMBERS.—The temporary increase in 

6 the membership of the House of Representatives 

7 provided under paragraph (1) shall not operate to ei8 ther increase or decrease the permanent membership 

9 of the House of Representatives as prescribed in the 

10 Act of August 8, 1911 (37 Stat. 13; 2 U.S.C. 2), 

11 nor shall such temporary increase affect the basis of 

12 reapportionment established by the Act of November 

13 15, 1941 (55 Stat. 761; 2 U.S.C. 2a), for the 82nd 

14 Congress and each Congress thereafter. 

15 (b) REPEAL OF LAWS PROVIDING FOR DELEGATE

16 FROM THE DISTRICT OF COLUMBIA.— 

17 (1) IN GENERAL.—Sections 202 and 204 of the 

18 District of Columbia Delegate Act (Public Law 91– 

19 405; sections 1–401 and 1–402, D.C. Official Code) 

20 are repealed, and the provisions of law amended or 

21 repealed by such sections are restored or revived as 

22 if such sections had not been enacted. 

23 (2) EFFECTIVE DATE.—The amendments made 

24 by this subsection shall take effect on the date on 

25 which the individual serving as the Delegate to the 


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1 House of Representatives from the District of Co2 lumbia first serves as a member of the House of 

3 Representatives from the State of Maryland. 

4 SEC. 7. EFFECT ON OTHER LAWS. 

5 No law or regulation which is in force on the effective 

6 date of this Act shall be deemed amended or repealed by 

7 this Act except to the extent specifically provided in this 

8 Act, or to the extent that such law or regulation is incon9 sistent with this Act. 

10 SEC. 8. PROCLAMATION REGARDING ACCEPTANCE OF RET11 ROCESSION BY MARYLAND. 

12 (a) PROCLAMATION BY STATE OF MARYLAND.—Not 

13 later than 30 days after the State of Maryland enacts leg14 islation accepting the retrocession described in section 

15 3(a), the President shall issue a proclamation announcing 

16 such acceptance and declaring that the territory ceded to 

17 Congress by the State of Maryland to serve as the District 

18 constituting the permanent seat of the Government of the 

19 United States has been ceded back to the State of Mary20 land. 

21 (b) REPORT BY CONGRESSIONAL BUDGET OFFICE

22 ON ECONOMIC IMPACT.— 

23 (1) IN GENERAL.—The Director of the Con24 gressional Budget Office shall prepare a report ana25 lyzing the anticipated economic impact on the State 


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1 of Maryland of the State’s acceptance of the ret2 rocession described in section 3(a), including the an3 ticipated effect on the budgets of the State govern4 ment and local governments, and shall submit the 

5 report to Congress and the governor of Maryland. 

6 (2) DELAY IN ENACTMENT OF LEGISLATION.— 

7 The State of Maryland may not enact legislation ac8 cepting the retrocession described in section 3(a) 

9 until the expiration of the 1-year period which be10 gins on the date the Director of the Congressional 

11 Budget Office submits the report prepared under 

12 paragraph (1) to the governor of Maryland. 

13 SEC. 9. EFFECTIVE DATE. 

14 The provisions of this Act and the amendments made 

15 by this Act shall take effect on the date the President 

16 issues a proclamation under section 8 or the date of the 

17 ratification of an amendment to the Constitution of the 

18 United States repealing the twenty-third article of amend19 ment to the Constitution, whichever comes later. 

Æ 


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