I

104TH CONGRESS

1ST SESSION H. R. 1028

To provide for the retrocession of the District of Columbia to the State

of Maryland, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 23, 1995

Mr. REGULA (for himself, Mr. SHAYS, Mr. ROHRABACHER, Mr. PACKARD, Mr.

HANSEN, Mr. BEREUTER, Mr. WELLER, Mr. HANCOCK, and Mr.

BALLENGER) introduced the following bill; which was referred to the

Committee on the Judiciary and, in addition, to the Committee on Government Reform and Oversight, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions

as fall within the jurisidiction 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.

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 Columbia

5 Retrocession Act’’.
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1 SEC. 2. RETROCESSION OF DISTRICT OF COLUMBIA TO

2 MARYLAND.

3 (a) IN GENERAL.—Upon the issuance of a proclama4 tion by the President under section 7 and except as pro5 vided in subsection (b), the territory ceded to Congress

6 by the State of Maryland to serve as the District constitut7 ing the permanent seat of the Government of the United

8 States is ceded and relinquished to the State of Maryland.

9 (b) CONTINUATION OF FEDERAL CONTROL OVER

10 NATIONAL CAPITAL SERVICE AREA.—Notwithstanding

11 subsection (a), Congress shall continue to exercise exclu12 sive legislative authority and control over the District of

13 Columbia, which shall consist of the National Capital

14 Service Area described in section 4.

15 SEC. 3. EFFECT ON JUDICIAL PROCEEDINGS IN DISTRICT

16 OF COLUMBIA.

17 (a) CONTINUATION OF SUITS.—No writ, action, in18 dictment, cause, or proceeding pending in any court of the

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

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

21 be transferred and shall proceed within such appropriate

22 court of the State of Maryland as established under the

23 laws or constitution of the State of Maryland.

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

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

26 as of the effective date of this Act shall be considered an
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1 order or decision of a court of the State of Maryland for

2 purposes of appeal from and appellate review of such order

3 or decision in an appropriate court of the State of Mary4 land.

5 SEC. 4. NATIONAL CAPITAL SERVICE AREA.

6 (a) DESCRIPTION.—The National Capital Service

7 Area referred to in section 2(b) is comprised of the prin8 cipal Federal monuments, the White House, the Capitol

9 Building, the United States Supreme Court Building, and

10 the Federal executive, legislative, and judicial office build11 ings located adjacent to the Mall and the Capitol Building

12 (but shall not include the District Building), and is more

13 particularly described as the territory located within the

14 following boundaries:

15 Beginning at the point on the present Virginia16 District of Columbia boundary due west of the

17 northernmost point of Theodore Roosevelt Island

18 and running due east of the eastern shore of the Po19 tomac River;

20 thence generally south along the shore at the

21 mean high water mark to the northwest corner of

22 the Kennedy Center;

23 thence east along the north side of the Kennedy

24 Center to a point where it reaches the E Street

25 Expressway;
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1 thence east on the expressway to E Street

2 Northwest and thence east on E Street Northwest to

3 Nineteenth Street Northwest;

4 thence north on Nineteenth Street Northwest to

5 F Street Northwest;

6 thence east on F Street Northwest to Eight7 eenth Street Northwest;

8 thence south on Eighteenth Street Northwest to

9 Constitution Avenue Northwest;

10 thence east on Constitution Avenue to Seven11 teenth Street Northwest;

12 thence north on Seventeenth Street Northwest

13 to H Street Northwest;

14 thence east on H Street Northwest to Madison

15 Place Northwest;

16 thence south on Madison Place Northwest to

17 Pennsylvania Avenue Northwest;

18 thence east on Pennsylvania Avenue Northwest

19 to Fifteenth Street Northwest;

20 thence south on Fifteenth Street Northwest to

21 Pennsylvania Avenue Northwest;

22 thence southeast on Pennsylvania Avenue

23 Northwest to Tenth Street Northwest;

24 thence north on Tenth Street Northwest to E

25 Street Northwest;
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1 thence east on E Street Northwest to Ninth

2 Street Northwest;

3 thence south on Ninth Street Northwest to

4 Pennsylvania Avenue Northwest;

5 thence southeast on Pennsylvania Avenue

6 Northwest to John Marshall Place Northwest;

7 thence north on John Marshall Place Northwest

8 to C Street Northwest;

9 thence east on C Street Northwest to Third

10 Street Northwest;

11 thence north on Third Street Northwest to D

12 Street Northwest;

13 thence east on D Street Northwest to Second

14 Street Northwest;

15 thence south on Second Street Northwest to the

16 intersection of Constitution Avenue Northwest and

17 Louisiana Avenue Northwest;

18 thence northeast on Louisiana Avenue North19 west to North Capitol Street;

20 thence north on North Capitol Street to Massa21 chusetts Avenue Northwest;

22 thence southeast on Massachusetts Avenue

23 Northwest so as to encompass Union Square;

24 thence following Union Square to F Street

25 Northeast;
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1 thence east on F Street Northeast to Second

2 Street Northeast;

3 thence south on Second Street Northeast to D

4 Street Northeast;

5 thence west on D Street Northeast to First

6 Street Northeast;

7 thence south on First Street Northeast to C

8 Street Northeast;

9 thence east on C Street Northeast to Third

10 Street Northeast;

11 thence south on Third Street Northeast to

12 Maryland Avenue Northeast;

13 thence south and west on Maryland Avenue

14 Northeast to Constitution Avenue Northeast;

15 thence west on Constitution Avenue Northeast

16 to First Street Northeast;

17 thence south on First Street Northeast to

18 Maryland Avenue Northeast;

19 thence generally north and east on Maryland

20 Avenue to Second Street Northeast;

21 thence south on Second Street Northeast to

22 East Capitol Street;

23 thence east on East Capitol Street to Third

24 Street Northeast;
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1 thence south on Third Street Northeast to

2 Independence Avenue Southeast;

3 thence west on Independence Avenue Southeast

4 to Second Street Southeast;

5 thence south on Second Street Southeast to C

6 Street Southeast;

7 thence west on C Street Southeast to New Jer8 sey Avenue Southeast;

9 thence south on New Jersey Avenue Southeast

10 to D Street Southeast;

11 thence west on D Street Southeast to Washing12 ton Avenue Southwest;

13 thence north and west on Washington Avenue

14 Southwest to the intersection of Independence Ave15 nue Southwest and Second Street Southwest;

16 thence south on Second Street Southwest to

17 Virginia Avenue Southwest;

18 thence generally west on Virginia Avenue to

19 Third Street Southwest;

20 thence north on Third Street Southwest to C

21 Street Southwest;

22 thence west on C Street Southwest to Sixth

23 Street Southwest;

24 thence south on Sixth Street Southwest to E

25 Street Southwest;
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1 thence west on E Street Southwest to Seventh

2 Street Southwest;

3 thence north on Seventh Street Southwest to

4 Maryland Avenue Southwest;

5 thence west on Maryland Avenue Southwest to

6 Ninth Street Southwest;

7 thence north on Ninth Street Southwest to

8 Independence Avenue Southwest;

9 thence west on Independence Avenue Southwest

10 to Twelfth Street Southwest;

11 thence south on Twelfth Street Southwest to D

12 Street Southwest;

13 thence west on D Street Southwest to Four14 teenth Street Southwest;

15 thence south on Fourteenth Street Southwest to

16 the middle of the Washington Channel;

17 thence generally south and east along the

18 midchannel of the Washington Channel to a point

19 due west of the northern boundary line of Fort Les20 ley McNair;

21 thence due east to the side of the Washington

22 Channel;

23 thence following generally south and east along

24 the side of the Washington Channel at the mean

25 high water mark, to the point of confluence with the
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1 Anacostia River, and along the northern shore at the

2 mean high water mark to the northernmost point of

3 the Eleventh Street Bridge;

4 thence generally south and west along such

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

6 confluence of the Anacostia and Potomac Rivers;

7 thence generally south and east along the

8 northern side of the Eleventh Street Bridge to the

9 eastern shore of the Anacostia River;

10 thence generally south along the eastern shore

11 at the mean high water mark of the Potomac River

12 to the point where it meets the present southeastern

13 boundary line of the District of Columbia;

14 thence south and west along such southeastern

15 boundary line to the point where it meets the

16 present Virginia-District of Columbia boundary;

17 thence generally north and west up the Poto18 mac River along the Virginia-District of Columbia

19 boundary to the point of beginning.

20 (b) STREETS AND SIDEWALKS.—The National Cap21 ital Service Area shall include any street (and sidewalk

22 thereof) that bounds such Area.

23 (c) AFFRONTING OR ABUTTING FEDERAL REAL

24 PROPERTY.—
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1 (1) IN GENERAL.—The National Capital Serv2 ice Area shall include any Federal real property af3 fronting or abutting such Area as of the effective

4 date of this Act.

5 (2) PROPERTY INCLUDED.—For purposes of

6 paragraph (1), Federal real property affronting or

7 abutting the National Capital Service Area shall—

8 (A) include the Department of Housing

9 and Urban Development Building, the Depart10 ment of Energy Building, Fort Lesley McNair,

11 the Washington Navy Yard, the Anacostia

12 Naval Annex, the United States Naval Station,

13 Bolling Air Force Base, and the Naval Re14 search Laboratory; and

15 (B) not include any portion of Rock Creek

16 Park, any portion of Anacostia Park east of the

17 northern side of the Eleventh Street Bridge, or

18 any territory not located in the District of Co19 lumbia on the day before the date of the enact20 ment of this Act.

21 SEC. 5. TRANSITION PROVISIONS RELATING TO HOUSE OF

22 REPRESENTATIVES.

23 (a) TEMPORARY INCREASE IN APPORTIONMENT.—
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1 (1) IN GENERAL.—Until the taking effect of the

2 first reapportionment occurring after the effective

3 date of this Act—

4 (A) the individual serving as the Delegate

5 to the House of Representatives from the Dis6 trict of Columbia shall serve as a member of

7 the House of Representatives from the State of

8 Maryland;

9 (B) the State of Maryland shall be entitled

10 to 1 additional Representative until the taking

11 effect of such reapportionment; and

12 (C) such Representative shall be in addi13 tion to the membership of the House of Rep14 resentatives as now prescribed by law.

15 (2) INCREASE NOT COUNTED AGAINST TOTAL

16 NUMBER OF MEMBERS.—The temporary increase in

17 the membership of the House of Representatives

18 provided under paragraph (1) shall not operate to ei19 ther increase or decrease the permanent membership

20 of the House of Representatives as prescribed in the

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

22 nor shall such temporary increase affect the basis of

23 reapportionment established by the Act of November

24 15, 1941 (55 Stat. 761; 2 U.S.C. 2a), for the 82nd

25 Congress and each Congress thereafter.
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1 (b) REPEAL OF LAWS PROVIDING FOR DELEGATE

2 FROM THE DISTRICT OF COLUMBIA.—Sections 202 and

3 204 of the District of Columbia Delegate Act (Public Law

4 91–405; sections 1–401 and 1–402, D.C. Code) are re5 pealed, and the provisions of law amended or repealed by

6 such sections are restored or revived as if such sections

7 had not been enacted.

8 SEC. 6. EFFECT ON OTHER LAWS.

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

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

11 this Act except to the extent specifically provided in this

12 Act, or to the extent that such law or regulation is incon13 sistent with this Act.

14 SEC. 7. PROCLAMATION REGARDING ACCEPTANCE OF RET15 ROCESSION BY MARYLAND.

16 Not later than 30 days after the State of Maryland

17 enacts legislation accepting the retrocession described in

18 section 2(a), the President shall issue a proclamation an19 nouncing such acceptance and declaring that the territory

20 ceded to Congress by the State of Maryland to serve as

21 the District constituting the permanent seat of the Gov22 ernment of the United States has been ceded back to the

23 State of Maryland.
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1 SEC. 8. EFFECTIVE DATE.

2 The provisions of this Act and the amendments made

3 by this Act shall take effect on the date the President is4 sues a proclamation under section 7 or the date of the

5 ratification of an amendment to the Constitution of the

6 United States repealing the twenty-third article of amend7 ment to the Constitution, whichever comes later.

Æ