[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8539 Introduced in House (IH)]

<DOC>






116th CONGRESS
  2d Session
                                H. R. 8539

 To reduce the size of the seat of the Government of the United States 
  to the area comprised of the principal Federal monuments, the White 
   House, the United States Capitol, the United States Supreme Court 
 Building, and the Federal executive, legislative, and judicial office 
 buildings located adjacent to the Mall and the United States Capitol, 
 to provide for the retrocession of the remaining area of the District 
     of Columbia to the State of Maryland, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 6, 2020

 Mr. Johnson of South Dakota introduced the following bill; which was 
  referred to the Committee on the Judiciary, and in addition to the 
  Committee on Oversight and 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 reduce the size of the seat of the Government of the United States 
  to the area comprised of the principal Federal monuments, the White 
   House, the United States Capitol, the United States Supreme Court 
 Building, and the Federal executive, legislative, and judicial office 
 buildings located adjacent to the Mall and the United States Capitol, 
 to provide for the retrocession of the remaining area 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-Maryland 
Reunion Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Article I, section 2, clause 1 of the United States 
        Constitution states that the ``House of Representatives shall 
        be composed of members chosen every second year by the people 
        of the several states.''.
            (2) The Founding Fathers did not consider the proposed 
        district that would become Washington, DC, 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 Washington, DC, 
        but the convention rejected the amendment on July 22, 1788.
            (3) 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 include Washington, DC, for 
        representation purposes.
            (4) Seven Supreme Court Justices affirmed Chief Justice 
        Marshall's Hepburn reasoning in National Mut. Ins. Co. of Dist. 
        of Col. v. Tidewater Transfer Co. in 1949.
            (5) A Democrat-controlled Congress in 1978 attempted to 
        amend the Constitution to provide Washington, DC, 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''.
            (6) Amending the Constitution requires two-thirds approval 
        by each house of Congress and ratification 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 
        constitutional amendment to provide Washington, DC, with full 
        congressional representation, but the requirement for 
        ratification by three-fourths of the States could not be 
        obtained.
            (7) An alternative to a potentially lengthy and difficult 
        constitutional amendment process is ceding Washington, DC, back 
        to Maryland, just as an area of 31 square miles that was 
        originally ceded by Virginia was returned to that State by 
        Federal legislation in 1847, thereby ensuring that the portion 
        of Washington, DC, in Virginia would have Senate and House 
        representation.
            (8) In 1847, there was a desire to allow the District of 
        Columbia land on the west side of the Potomac River that was 
        not being used by the Federal Government to have its own proper 
        representation in Congress.
            (9) Obtaining the desired representation for this portion 
        of Washington, DC, would have required a constitutional 
        amendment unless the land were given back to Virginia.
            (10) Instead of trying to pass a constitutional amendment, 
        Congress in 1847 legislatively ceded back to Virginia from the 
        District of Columbia the non-Federal land composed of 31 square 
        miles on the west side of the Potomac River.
            (11) 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 Service Area in 
        the District of Columbia.

SEC. 3. RETROCESSION OF DISTRICT OF COLUMBIA TO MARYLAND.

    (a) In General.--Upon the issuance of a proclamation by the 
President under section 8 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), the National Capital Service 
Area described 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 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, 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. 5. NATIONAL CAPITAL SERVICE AREA DESCRIBED.

    (a) In General.--Subject to subsections (c), (d), and (e), upon the 
retrocession under section 3(a), the National Capital Service Area 
referred to in section 3(b) is comprised of the principal Federal 
monuments, the White House, the United States Capitol, the United 
States Supreme Court Building, and the Federal executive, legislative, 
and judicial office buildings located adjacent to the Mall and the 
United States Capitol (but shall not include the District Building), 
and is more particularly described as the territory located within the 
boundaries described in subsection (b).
    (b) General Description.--The boundaries of the National Capital 
Service Area shall be as follows: Beginning at the intersection of the 
southern right-of-way of F Street NE and the eastern right-of-way of 
2nd Street NE;
            (1) thence south along said eastern right-of-way of 2nd 
        Street NE to its intersection with the northeastern right-of-
        way of Maryland Avenue NE;
            (2) thence southwest along said northeastern right-of-way 
        of Maryland Avenue NE to its intersection with the northern 
        right-of-way of Constitution Avenue NE;
            (3) thence west along said northern right-of-way of 
        Constitution Avenue NE to its intersection with the eastern 
        right-of-way of 1st Street NE;
            (4) thence south along said eastern right-of-way of 1st 
        Street NE to its intersection with the southeastern right-of-
        way of Maryland Avenue NE;
            (5) thence northeast along said southeastern right-of-way 
        of Maryland Avenue NE to its intersection with the eastern 
        right-of-way of 2nd Street SE;
            (6) thence south along said eastern right-of-way of 2nd 
        Street SE to the eastern right-of-way of 2nd Street SE;
            (7) thence south along said eastern right-of-way of 2nd 
        Street SE to its intersection with the northern property 
        boundary of the property designated as Square 760 Lot 803;
            (8) thence east along said northern property boundary of 
        Square 760 Lot 803 to its intersection with the western right-
        of-way of 3rd Street SE;
            (9) thence south along said western right-of-way of 3rd 
        Street SE to its intersection with the northern right-of-way of 
        Independence Avenue SE;
            (10) thence west along said northern right-of-way of 
        Independence Avenue SE to its intersection with the 
        northwestern right-of-way of Pennsylvania Avenue SE;
            (11) thence northwest along said northwestern right-of-way 
        of Pennsylvania Avenue SE to its intersection with the eastern 
        right-of-way of 2nd Street SE;
            (12) thence south along said eastern right-of-way of 2nd 
        Street SE to its intersection with the southern right-of-way of 
        C Street SE;
            (13) thence west along said southern right-of-way of C 
        Street SE to its intersection with the eastern right-of-way of 
        1st Street SE;
            (14) thence south along said eastern right-of-way of 1st 
        Street SE to its intersection with the southern right-of-way of 
        D Street SE;
            (15) thence west along said southern right-of-way of D 
        Street SE to its intersection with the eastern right-of-way of 
        South Capitol Street;
            (16) thence south along said eastern right-of-way of South 
        Capitol Street to its intersection with the northwestern right-
        of-way of Canal Street SE;
            (17) thence southeast along said northwestern right-of-way 
        of Canal Street SE to its intersection with the southern right-
        of-way of E Street SE;
            (18) thence east along said southern right-of-way of said E 
        Street SE to its intersection with the western right-of-way of 
        1st Street SE;
            (19) thence south along said western right-of-way of 1st 
        Street SE to its intersection with the southernmost corner of 
        the property designated as Square 736S Lot 801;
            (20) thence west along a line extended due west from said 
        corner of said property designated as Square 736S Lot 801 to 
        its intersection with the southwestern right-of-way of New 
        Jersey Avenue SE;
            (21) thence southeast along said southwestern right-of-way 
        of New Jersey Avenue SE to its intersection with the 
        northwestern right-of-way of Virginia Avenue SE;
            (22) thence northwest along said northwestern right-of-way 
        of Virginia Avenue SE to its intersection with the western 
        right-of-way of South Capitol Street;
            (23) thence north along said western right-of-way of South 
        Capitol Street to its intersection with the southern right-of-
        way of E Street SW;
            (24) thence west along said southern right-of-way of E 
        Street SW to its end;
            (25) thence west along a line extending said southern 
        right-of-way of E Street SW westward to its intersection with 
        the eastern right-of-way of 2nd Street SW;
            (26) thence north along said eastern right-of-way of 2nd 
        Street SW to its intersection with the southwestern right-of-
        way of Virginia Avenue SW;
            (27) thence northwest along said southwestern right-of-way 
        of Virginia Avenue SW to its intersection with the western 
        right-of-way of 3rd Street SW;
            (28) thence north along said western right-of-way of 3rd 
        Street SW to its intersection with the northern right-of-way of 
        D Street SW;
            (29) thence west along said northern right-of-way of D 
        Street SW to its intersection with the eastern right-of-way of 
        4th Street SW;
            (30) thence north along said eastern right-of-way of 4th 
        Street SW to its intersection with the northern right-of-way of 
        C Street SW;
            (31) thence west along said northern right-of-way of C 
        Street SW to its intersection with the eastern right-of-way of 
        6th Street SW;
            (32) thence north along said eastern right-of-way of 6th 
        Street SW to its intersection with the northern right-of-way of 
        Independence Avenue SW;
            (33) thence west along said northern right-of-way of 
        Independence Avenue SW to its intersection with the western 
        right-of-way of 12th Street SW;
            (34) thence south along said western right-of-way of 12th 
        Street SW to its intersection with the northern right-of-way of 
        D Street SW;
            (35) thence west along said northern right-of-way of D 
        Street SW to its intersection with the eastern right-of-way of 
        14th Street SW;
            (36) thence south along said eastern right-of-way of 14th 
        Street SW to its intersection with the northeastern boundary of 
        the Consolidated Rail Corporation railroad easement;
            (37) thence southwest along said northeastern boundary of 
        the Consolidated Rail Corporation railroad easement to its 
        intersection with the eastern shore of the Potomac River;
            (38) thence generally northwest along said eastern shore of 
        the Potomac River to its intersection with a line extending 
        westward the northern boundary of the property designated as 
        Square 12 Lot 806;
            (39) thence east along said line extending westward the 
        northern boundary of the property designated as Square 12 Lot 
        806 to the northern property boundary of the property 
        designated as Square 12 Lot 806, and continuing east along said 
        northern boundary of said property designated as Square 12 Lot 
        806 to its northeast corner;
            (40) thence east along a line extending east from said 
        northeast corner of the property designated as Square 12 Lot 
        806 to its intersection with the western boundary of the 
        property designated as Square 33 Lot 87;
            (41) thence south along said western boundary of the 
        property designated as Square 33 Lot 87 to its intersection 
        with the northwest corner of the property designated as Square 
        33 Lot 88;
            (42) thence counter-clockwise around the boundary of said 
        property designated as Square 33 Lot 88 to its southeast 
        corner, which is along the northern right-of-way of E Street 
        NW;
            (43) thence east along said northern right-of-way of E 
        Street NW to its intersection with the western right-of-way of 
        18th Street NW;
            (44) thence south along said western right-of-way of 18th 
        Street NW to its intersection with the southwestern right-of-
        way of Virginia Avenue NW;
            (45) thence southeast along said southwestern right-of-way 
        of Virginia Avenue NW to its intersection with the northern 
        right-of-way of Constitution Avenue NW;
            (46) thence east along said northern right-of-way of 
        Constitution Avenue NW to its intersection with the eastern 
        right-of-way of 17th Street NW;
            (47) thence north along said eastern right-of-way of 17th 
        Street NW to its intersection with the southern right-of-way of 
        H Street NW;
            (48) thence east along said southern right-of-way of H 
        Street NW to its intersection with the northwest corner of the 
        property designated as Square 221 Lot 35;
            (49) thence counter-clockwise around the boundary of said 
        property designated as Square 221 Lot 35 to its southeast 
        corner, which is along the boundary of the property designated 
        as Square 221 Lot 37;
            (50) thence counter-clockwise around the boundary of said 
        property designated as Square 221 Lot 37 to its southwest 
        corner, which it shares with the property designated as Square 
        221 Lot 818;
            (51) thence south along the boundary of said property 
        designated as Square 221 Lot 818 to its southwest corner, which 
        it shares with the property designated as Square 221 Lot 40;
            (52) thence south along the boundary of said property 
        designated as Square 221 Lot 40 to its southwest corner;
            (53) thence east along the southern border of said property 
        designated as Square 221 Lot 40 to its intersection with the 
        northwest corner of the property designated as Square 221 Lot 
        820;
            (54) thence south along the western boundary of said 
        property designated as Square 221 Lot 820 to its southwest 
        corner, which it shares with the property designated as Square 
        221 Lot 39;
            (55) thence south along the western boundary of said 
        property designated as Square 221 Lot 39 to its southwest 
        corner, which is along the northern right-of-way of 
        Pennsylvania Avenue NW;
            (56) thence east along said northern right-of-way of 
        Pennsylvania Avenue NW to its intersection with the western 
        right-of-way of 15th Street NW;
            (57) thence south along said western right-of-way of 15th 
        Street NW to its intersection with a line extending northwest 
        from the southern right-of-way of the portion of Pennsylvania 
        Avenue NW north of Pershing Square;
            (58) thence southeast along said line extending the 
        southern right-of-way of Pennsylvania Avenue NW to the southern 
        right-of-way of Pennsylvania Avenue NW, and continuing 
        southeast along said southern right-of-way of Pennsylvania 
        Avenue NW to its intersection with the western right-of-way of 
        14th Street NW;
            (59) thence south along said western right-of-way of 14th 
        Street NW to its intersection with a line extending west from 
        the southern right-of-way of D Street NW;
            (60) thence east along said line extending west from the 
        southern right-of-way of D Street NW to the southern right-of-
        way of D Street NW, and continuing east along said southern 
        right-of-way of D Street NW to its intersection with the 
        eastern right-of-way of 13\1/2\ Street NW;
            (61) thence north along said eastern right-of-way of 13\1/
        2\ Street NW to its intersection with the southern right-of-way 
        of Pennsylvania Avenue NW;
            (62) thence east and southeast along said southern right-
        of-way of Pennsylvania Avenue NW to its intersection with the 
        western right-of-way of 12th Street NW;
            (63) thence south along said western right-of-way of 12th 
        Street NW to its intersection with a line extending to the west 
        the southern boundary of the property designated as Square 324 
        Lot 809;
            (64) thence east along said line to the southwest corner of 
        said property designated as Square 324 Lot 809, and continuing 
        northeast along the southern boundary of said property 
        designated as Square 324 Lot 809 to its eastern corner, which 
        it shares with the property designated as Square 323 Lot 802;
            (65) thence east along the southern boundary of said 
        property designated as Square 323 Lot 802 to its southeast 
        corner, which it shares with the property designated as Square 
        324 Lot 808;
            (66) thence counter-clockwise around the boundary of said 
        property designated as Square 324 Lot 808 to its northeastern 
        corner, which is along the southern right-of-way of 
        Pennsylvania Avenue NW;
            (67) thence southeast along said southern right-of-way of 
        Pennsylvania Avenue NW to its intersection with the eastern 
        right-of-way of 4th Street NW;
            (68) thence north along a line extending north from said 
        eastern right-of-way of 4th Street NW to its intersection with 
        the southern right-of-way of C Street NW;
            (69) thence east along said southern right-of-way of C 
        Street NW to its intersection with the eastern right-of-way of 
        3rd Street NW;
            (70) thence north along said eastern right-of-way of 3rd 
        Street NW to its intersection with the southern right-of-way of 
        D Street NW;
            (71) thence east along said southern right-of-way of D 
        Street NW to its intersection with the western right-of-way of 
        1st Street NW;
            (72) thence south along said western right-of-way of 1st 
        Street NW to its intersection with the northern right-of-way of 
        C Street NW;
            (73) thence west along said northern right-of-way of C 
        Street NW to its intersection with the western right-of-way of 
        2nd Street NW;
            (74) thence south along said western right-of-way of 2nd 
        Street NW to its intersection with the northern right-of-way of 
        Constitution Avenue NW;
            (75) thence east along said northern right-of-way of 
        Constitution Avenue NW to its intersection with the 
        northeastern right-of-way of Louisiana Avenue NW;
            (76) thence northeast along said northeastern right-of-way 
        of Louisiana Avenue NW to its intersection with the 
        southwestern right-of-way of New Jersey Avenue NW;
            (77) thence northwest along said southwestern right-of-way 
        of New Jersey Avenue NW to its intersection with the northern 
        right-of-way of D Street NW;
            (78) thence east along said northern right-of-way of D 
        Street NW to its intersection with the northeastern right-of-
        way of Louisiana Avenue NW;
            (79) thence northeast along said northwestern right-of-way 
        of Louisiana Avenue NW to its intersection with the western 
        right-of-way of North Capitol Street;
            (80) thence north along said western right-of-way of North 
        Capitol Street to its intersection with the southwestern right-
        of-way of Massachusetts Avenue NW;
            (81) thence southeast along said southwestern right-of-way 
        of Massachusetts Avenue NW to the southwestern right-of-way of 
        Massachusetts Avenue NE;
            (82) thence southeast along said southwestern right-of-way 
        of Massachusetts Avenue NE to the southern right-of-way of 
        Columbus Circle NE;
            (83) thence counter-clockwise along said southern right-of-
        way of Columbus Circle NE to its intersection with the southern 
        right-of way of F Street NE; and
            (84) thence east along said southern right-of-way of F 
        Street NE to the point of beginning.
    (c) Streets and Sidewalks.--The Federal District shall include any 
street (and sidewalk thereof) that bounds the area described in 
subsection (b).
    (d) Metes and Bounds Survey.--Not later than 180 days after the 
date of the enactment of this Act, the President (in consultation with 
the Chair of the National Capital Planning Commission) shall conduct a 
metes and bounds survey of the National Capital Service Area, as 
described in subsection (b).
    (e) Clarification of Treatment of Frances Perkins Building.--The 
entirety of the Frances Perkins Building, including any portion of the 
Building which is north of D Street Northwest, shall be included in the 
National Capital Service Area.

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 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.--
            (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 House of Representatives from the 
        District of Columbia 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 inconsistent with this Act.

SEC. 8. PROCLAMATION REGARDING ACCEPTANCE OF RETROCESSION BY MARYLAND.

    (a) Proclamation by State of Maryland.--Not later than 30 days 
after the State of Maryland enacts legislation 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 Maryland.
    (b) Report by Congressional Budget Office on Economic Impact.--
            (1) In general.--The Director of the Congressional Budget 
        Office shall prepare a report analyzing the anticipated 
        economic impact on the State of Maryland of the State's 
        acceptance of the retrocession described in section 3(a), 
        including the anticipated effect on the budgets of the State 
        government 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 accepting the retrocession 
        described in section 3(a) until the expiration of the 1-year 
        period which begins 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 
amendment to the Constitution, whichever comes later.
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