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 Com-
mittee 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 with-
in 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 Representa-
tives 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: 
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(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 Rep-
resentatives 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 Wash-
ington, D.C., but the convention rejected the amend-
ment on July 22, 1788. Thomas Tredwell stated at 
the same convention that the plan for Washington, 
D.C. ‘‘departs from every principle of freedom’’ be-
cause 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 in-
clude Washington, D.C. for representation purposes. 
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(5) Seven Supreme Court Justices affirmed 
Chief Justice Marshall’s Hepburn reasoning in Na-
tional Mut. Ins. Co. of Dist. of Col. v. Tidewater 
Transfer Co. in 1949. 
(6) A Democrat-controlled Congress in 1978 at-
tempted to amend the Constitution to provide Wash-
ington, 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. con-
gressional representation will inevitably be chal-
lenged 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 sta-
tus. 
(8) Amending the Constitution requires two- 
thirds approval by each house of Congress and rati-
fication 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 
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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 Vir-
ginia was returned to that State by Federal legisla-
tion 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 Po-
tomac 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 re-
quired 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 
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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 Serv-
ice Area in the District of Columbia. 
SEC. 3. RETROCESSION OF DISTRICT OF COLUMBIA TO 
MARYLAND. 
(a) IN GENERAL.—Upon the issuance of a proclama-
tion by the President under section 8 and except as pro-
vided in subsection (b), the territory ceded to Congress 
by the State of Maryland to serve as the District consti-
tuting 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 de-
scribed 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 
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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, in-
dictment, 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 Mary-
land. 
SEC. 5. NATIONAL CAPITAL SERVICE AREA. 
(a) DESCRIPTION.—The National Capital Service 
Area referred to in section 3(b) is comprised of the prin-
cipal Federal monuments, the White House, the United 
States Capitol, the United States Supreme Court Build-
ing, and the Federal executive, legislative, and judicial of-
fice buildings located adjacent to the Mall and the United 
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States Capitol (but shall not include the District Build-
ing), 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 Ex-
pressway; 
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 Eight-
eenth Street Northwest; 
thence south on Eighteenth Street Northwest to 
Constitution Avenue Northwest; 
thence east on Constitution Avenue to Seven-
teenth Street Northwest; 
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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; 
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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 North-
west to North Capitol Street; 
thence north on North Capitol Street to Massa-
chusetts 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; 
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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 Jer-
sey Avenue Southeast; 
thence south on New Jersey Avenue Southeast 
to D Street Southeast; 
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thence west on D Street Southeast to Wash-
ington Avenue Southwest; 
thence north and west on Washington Avenue 
Southwest to the intersection of Independence Ave-
nue 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; 
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thence south on Twelfth Street Southwest to D 
Street Southwest; 
thence west on D Street Southwest to Four-
teenth 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 Les-
ley 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; 
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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 Poto-
mac River along the Virginia-District of Columbia 
boundary to the point of beginning. 
(b) STREETS AND SIDEWALKS.—The National Cap-
ital 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 Serv-
ice Area shall include any Federal real property af-
fronting 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 Hous-
ing and Urban Development Building, the De-
partment of Energy Building, Fort Lesley 
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McNair, the Washington Navy Yard, the Ana-
costia 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 Dis-
trict 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 Dis-
trict 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 
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(C) such Representative shall be in addi-
tion to the membership of the House of Rep-
resentatives 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 ei-
ther 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 
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House of Representatives from the District of Co-
lumbia 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 incon-
sistent with this Act. 
SEC. 8. PROCLAMATION REGARDING ACCEPTANCE OF RET-
ROCESSION BY MARYLAND. 
(a) PROCLAMATION BY STATE OF MARYLAND.—Not 
later than 30 days after the State of Maryland enacts leg-
islation 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 Mary-
land. 
(b) REPORT BY CONGRESSIONAL BUDGET OFFICE 
ON ECONOMIC IMPACT.— 
(1) IN GENERAL.—The Director of the Con-
gressional Budget Office shall prepare a report ana-
lyzing the anticipated economic impact on the State 
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of Maryland of the State’s acceptance of the ret-
rocession described in section 3(a), including the an-
ticipated effect on the budgets of the State govern-
ment 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 ac-
cepting the retrocession described in section 3(a) 
until the expiration of the 1-year period which be-
gins 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 amend-
ment to the Constitution, whichever comes later. 
Æ 
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