Text: H.R.4195 — 101st Congress (1989-1990)All Information (Except Text)

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HR 4195 SC
101st CONGRESS
2d Session
 H. R. 4195
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 6, 1990
Mr. REGULA introduced the following bill; which was referred jointly to the
Committees on the Judiciary and the District of Columbia
July 26, 1990
Additional sponsors: Mr. APPLEGATE, Mr. DEWINE, Mr. GUNDERSON, Mr. HENRY,
Mr. OXLEY, Mr. PORTER, Mr. COUGHLIN, Mr. FALEOMAVAEGA, Mr. GINGRICH,
Mr. KASICH, Mr. LAGOMARSINO, Mr. ROHRABACHER, Mr. WILSON, Mr. NIELSON of Utah,
Mr. EDWARDS of Oklahoma, and Mr. Sundquist
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 of 1990'.
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 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 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. Governmental Reorganization Act is hereby repealed.
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 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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