[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 472 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 472
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
January 25, 2021
Mr. Johnson of South Dakota (for himself, Mr. Pfluger, Mr. Rice of
South Carolina, Mr. Gibbs, Mr. Fallon, and Mr. Baird) 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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