I 
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 build-
ings 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 re-
ferred to the Committee on the Judiciary, and in addition to the Com-
mittee on Oversight and Reform, for a period to be subsequently deter-
mined 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. 
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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: 
(1) 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.’’. 
(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 Wash-
ington, DC, but the convention rejected the amend-
ment 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 in-
clude Washington, DC, for representation purposes. 
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(4) 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. 
(5) A Democrat-controlled Congress in 1978 at-
tempted to amend the Constitution to provide Wash-
ington, 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 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 
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 
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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, 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 Po-
tomac 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 
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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 
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 
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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 DESCRIBED. 
(a) IN GENERAL.—Subject to subsections (c), (d), 
and (e), upon the retrocession under section 3(a), the Na-
tional 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 Su-
preme Court Building, and the Federal executive, legisla-
tive, 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: Begin-
ning at the intersection of the southern right-of-way of 
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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 north-
eastern right-of-way of Maryland Avenue NE; 
(2) thence southwest along said northeastern 
right-of-way of Maryland Avenue NE to its intersec-
tion 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 south-
eastern right-of-way of Maryland Avenue NE; 
(5) thence northeast along said southeastern 
right-of-way of Maryland Avenue NE to its intersec-
tion 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 north-
ern property boundary of the property designated as 
Square 760 Lot 803; 
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(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 inter-
section 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 east-
ern 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; 
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(15) thence west along said southern right-of- 
way of D Street SE to its intersection with the east-
ern 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 inter-
section with the northwestern right-of-way of Vir-
ginia Avenue SE; 
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(22) thence northwest along said northwestern 
right-of-way of Virginia Avenue SE to its intersec-
tion 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 intersec-
tion 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 east-
ern right-of-way of 4th Street SW; 
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(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 east-
ern 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 east-
ern 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 Cor-
poration railroad easement; 
(37) thence southwest along said northeastern 
boundary of the Consolidated Rail Corporation rail-
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road easement to its intersection with the eastern 
shore of the Potomac River; 
(38) thence generally northwest along said east-
ern shore of the Potomac River to its intersection 
with a line extending westward the northern bound-
ary of the property designated as Square 12 Lot 
806; 
(39) thence east along said line extending west-
ward the northern boundary of the property des-
ignated as Square 12 Lot 806 to the northern prop-
erty 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 des-
ignated as Square 12 Lot 806 to its intersection 
with the western boundary of the property des-
ignated 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 
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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 intersec-
tion 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 
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the southern right-of-way of Pennsylvania Avenue 
NW; 
(67) thence southeast along said southern right- 
of-way of Pennsylvania Avenue NW to its intersec-
tion 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 east-
ern 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; 
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(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 Ave-
nue NW; 
(76) thence northeast along said northeastern 
right-of-way of Louisiana Avenue NW to its inter-
section 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 inter-
section 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 inter-
section with the western right-of-way of North Cap-
itol Street; 
(80) thence north along said western right-of- 
way of North Capitol Street to its intersection with 
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the southwestern right-of-way of Massachusetts Ave-
nue 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 south-
ern right-of-way of Columbus Circle NE to its inter-
section 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 Dis-
trict 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). 
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(e) CLARIFICATION
OF TREATMENT
OF FRANCES 
PERKINS BUILDING.—The entirety of the Frances Per-
kins 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 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 
(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 
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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 
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 
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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 
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. 
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(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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