TITLE X-SUCCESSION IN GOVERNMENT

TRANSFER OF PERSONNEL, PROPERTY, AND FUNDS

SEC. 1001. (a) In each case of the transfer, by any provision of this Act, of functions to any agency or officer, there are hereby transferred (as of the time of such transfer of functions) to such agency or to the agency of which such officer is the head, for use in the administration of the functions of such agency or officer, the personnel (except the members of boards or commissions abolished by this Act), property, records, and unexpended balances of appropriations and other funds, which relate primarily to the functions so transferred.

(b) If any question arises in connection with the carrying out of subsection (a), such question shall be decided

(1) in the case of functions transferred from a Federal officer or agency, by the Director of the Bureau of the Budget; and

(2) in the case of other functions (A) by the Assembly, or in such manner as the Assembly shall provide, if such functions are transferred to the Assembly, and (B) by the Governor, if such functions are transferred to any other officer or agency.

(c) Any of the personnel transferred to any agency by this section which the head of such agency shall find to be in excess of the personnel necessary for the administration of his or its functions shall, in accordance with law, be retransferred to other positions in the District or Federal Governments or be separated from the service.

(d) No officer or employee shall, by reason of his transfer by this Act, be de prived of a civil service status held by him prior to such transfer.

EXISTING STATUTES, REGULATIONS, AND SO FORTH

SEC. 1002. (a) Any statute, regulation, or other action in respect of (and any regulation or other action issued, made, taken, or granted by) any officer or agency from which any function is transferred by this Act shall, except to the extent modified or made inapplicable by or under authority of law, continue in effect as if such transfer had not been made; but after such transfer references in such statute, regulation, or other action to an officer or agency from which a transfer is made by this Act shall be held and considered to refer to the officer or agency to which the transfer is made.

(b) As used in subsection (a), the term "other action" includes any rule, order, contract, policy, determination, directive, grant, authorization, permit, requirement, or designation.

(c) Unless otherwise specifically provided, nothing contained in this Act shall be construed as affecting the applicability to the District of Columbia government of personnel legislation relating to the District government until such time as the Assembly may otherwise elect to provide similar and comparable coverage as provided in section 402(4).

PENDING ACTIONS AND PROCEEDINGS

SEC. 1003. (a) No suit, action, or other judicial proceeding lawfully commenced by or against any officer or agency in his or its official capacity or in relation to the exercise of his or its official functions, shall abate by reason of the taking effect of any provision of this Act, but the court, unless it determines that the survival of such suit, action, or other proceeding is not necessary for the purposes of settlement of the questions involved, shall allow the same to be maintained, with such substitutions as to parties as are appropriate.

(b) No administrative action or proceeding lawfully commenced shall abate solely by reason of the taking effect of any provision of this Act, but such action or proceeding shall be continued with such substitutions as to parties and officers or agencies as are appropriate.

VACANCIES RESULTING FROM ABOLITION OF BOARD OF COMMISSIONERS

SEC. 1004. Until July 1, 1965, no vacancy occurring in any District agency by reason of section 321, abolishing the Board of Commissioners, shall affect the power of the remaining members of such agency to exercise its functions, but such agency may take action only if a majority of the members holding office vote in favor of it.

TITLE XI-SEPARABILITY OF PROVISIONS

SEPARABILITY OF PROVISIONS

SEO. 1101. If any provision of this Act or the application thereof to any person or circumstance is held invalid, the remainder of the Act and the application of such provision to other persons or circumstances shall not be affected thereby.

TITLE XII-TEMPORARY PROVISIONS

POWERS OF THE PRESIDENT DURING TRANSITION PERIOD

SEC. 1201. The President of the United States is hereby authorized and requested to take such action during the period following the date of the enactment of this Act and ending on the date of the first meeting of the Assembly, by Executive order or otherwise, with respect to the administration of the functions of the District of Columbia government, as he deems necessary to enable the Board of Elections properly to perform its functions under this Act.

REIMBURSABLE APPROPRIATION FOR THE DISTRICT

SEC. 1202. (a) The sum of $500,000 is hereby authorized to be appropriated for the District of Columbia, out of any money in the Treasury not otherwise appropriated, for use (1) in paying the expenses of the Board of Elections (including compensation of the members thereof), and (2) in otherwise carrying into effect the provisions of this Act.

(b) The full amount of expenditures out of the appropriations made under this authorization shall be reimbursed to the United States, without interest, during the fiscal year ending June 30, 1966, from the general fund of the District of Columbia.

TITLE XIII-EFFECTIVE DATES

EFFECTIVE DATES

SEC. 1301. (a) As used in this title and title XIV, the term "charter" means titles I to XI, both inclusive, and titles XV and XVI.

(b) The charter shall take effect only if accepted pursuant to title XIV. If the charter is so accepted, it shall take effect on the day following the date on which it is accepted (as determined pursuant to section 1406), accept that— (1) part 2 of title III, title V, and title VII shall take effect January 1, 1965, and

(2) section 402 shall take effect on the day upon which the Governor first appointed takes office.

(c) Titles XII, XIII, and XIV shall take effect on the day following the date on which this Act is enacted.

TITLE XIV-SUBMISSION OF CHARTER FOR REFERENDUM

CHARTER REFERENDUM

SEC. 1401. (a) On a date to be fixed by the Board of Elections, not more than one year after the enactment of this Act, a referendum (in this title referred to as the "charter referendum") shall be conducted to determine whether the registered qualified voters of the District of Columbia accept the charter.

(b) As used in this title, a "qualified voter" means a person who meets the requirements of section 806 on the day of the charter referendum.

BOARD OF ELECTIONS

SEC. 1402. (a) In addition to its other duties, the Board of Elections established under the District Election Act of 1955 shall conduct the charter referendum and certify the results thereof as provided in this title.

(d) Notwithstanding the fact that such section does not otherwise take effect unless the charter is accepted under this title, the applicable provisions of section 801 of this Act shall govern the Board of Elections in the performance of its duties.

REGISTRATION

SEC. 1403. (a) The Board of Elections shall conduct within the District of Columbia a registration of the qualified voters commencing as soon as practicable after the enactment of this Act and ending not more than thirty days nor less than fifteen days prior to the date set for the charter referendum as provided in section 1401 of this title.

(b) Prior to the commencement of such registration the Board of Elections shall publish, in daily newspapers of general circulation published in the District of Columbia, a list of the registration places and the dates and hours of registration.

(c) The applicable provisions of section 807, notwithstanding the fact that such section does not otherwise take effect unless the charter is accepted, shall govern the registration of voters for this charter referendum.

CHARTER REFERENDUM BALLOT: NOTICE OF VOTING

SEC. 1404. (a) The charter referendum ballot shall contain the following, with the blank space appropriately filled:

"The District of Columbia Charter Act, enacted proposes to establish a new charter for the District of Columbia, but provides that the charter shall take effect only if it is accepted by the registered qualified voters of the District in this referendum.

"By marking a cross (X) in one of the squares provided below, show whether you are for or against the charter.

For the charter

Against the charter"

(b) Voting may be by paper ballot or by voting machine. The Board of Elections may make such changes in the second paragraph of the charter referendum ballot as it determines to be necessary to permit the use of voting machines if such machines are used.

(c) Not less than three days before the date of charter referendum, the Board of Elections shall mail to each person registered (1) a sample of the charter referendum ballot and (2) information showing the polling place of such person and the date and hours of voting.

(d) Not less than one day before the charter referendum, the Board of Elections shall publish, in newspapers of general circulation published in the District of Columbia, a list of the polling places and the date and hours of voting.

METHOD OF VOTING

SEC. 1405. Notwithstanding the fact such sections do not otherwise take effect unless the charter is accepted under this title, the applicable provisions of sections 811, 812, 813, 814, 815, and 816 of this Act shall govern the method of voting, recounts and contests, interference with registration or voting, and violations connected with this charter referendum.

ACCEPTANCE OR NONACCEPTANCE OF CHARTER

SEC. 1406. (a) If a majority of the registered qualified voters voting in the charter referendum vote for the charter, the charter shall be considered accepted as of the time the Board of Elections certifies the result of the charter referendum to the President of the United States,as provided in subsection (b).

(b) The Board of Elections shall, within a reasonable time, but in no event more than thirty days after the date of the charter referendum, certify the result of the charter referendum to the President of the United States, to the Secretary of the Senate, and to the Clerk of the House of Representatives.

TITLE XV-DELEGATE

DISTRICT DELEGATE

SEC. 1501. (a) Until a constitutional amendment and subsequently congressional action otherwise provide, the people of the District shall be represented in the House of Representatives of the United States by a Delegate, to be known as the "Delegate from the District of Columbia", who shall be elected as provided in this Act. The delegate shall have a seat in the House of Representatives, with the right of debate, but not of voting. The Delegate shall be a member of the House Committee on the District of Columbia and shall possess in such committee the same powers and privileges as in the House of Representatives, 25-71464-3

and may make any motion except to reconsider. His term of office shall be for two years.

(b) No person shall hold the office of District Delegate unless he (1) is a qualified voter, (2) is at least twenty-five years old, (3) hold no other public office, and (4) is domiciled and resides in the District and during the three years next preceding his nomination (a) has been resident in and domiciled in the District and (b) has not voted in any election (other than in the District) for any candidate for public office. He shall forfeit his office upon failure to maintain the qualifications required by this subsection.

(c) (1) Section 25 of the Revised Statutes, as amended (2 U.S.C. 7), is hereby amended by inserting after "United States" the following: "and in the District of Columbia".

(2) Subsection (a) of section 601 of the Legislative Reorganization Act of 1946, as amended (2 U.S.C. 31), is hereby amended by striking out "from the Territories".

(3) The second paragraph under the heading "HOUSE OF REPRESENTATIVES" in the Act of July 16, 1914 (2 U.S.C. 37), is hereby amended by striking out “from the Territories".

(4) Section 105 of the Act of July 2, 1954, as amended (2 U.S.C. 38a), is hereby amended by inserting after "a Member of," the following: "or Delegate".

(5) Section 6 of the Act of June 23, 1949, as amended (2 U.S.C. 461); section 101 of the Legislative Appropriation Act, 1955, as amended (2 U.S.C. 60g−1); and section 4 (subsequently renumbered section 6) of the Act of March 25, 1953, as amended (2 U.S.C. 112c), are each hereby amended by striking out "from a Territory".

(6) The last sentence of the eighteenth paragraph under the subheading "CONTINGENT EXPENSES OF THE HOUSE" under the heading "HOUSE OF REPRESENTATIVES" in the Legislative Appropriation Act, 1955, as amended (2 U.S.C. 122), is hereby amended to read as follows: "As used in this paragraph the term 'Member' means each Member of the House of Representatives, Delegate, and the Resident Commissioner from Puerto Rico; the term 'district' means each congressional district, Puerto Rico, and in the case of a Representative at Large, a State; and the term 'Clerk' means the Clerk of the House of Representatives." (7) Paragraph (i) of section 302 of the Federal Corrupt Practices Act, 1925, as amended (2 U.S.C. 241), is hereby amended by inserting after "United States" the following: ", and the District of Columbia".

(8) Clause (b) of section 1 of the Civil Service Retirement Act of May 29, 1930, as amended (70 Stat. 743) is hereby amended by striking out "from a Territory".

(9) Section 591 of title 18. United States Code, is hereby amended by inserting ", and the District of Columbia" before the period at the end thereof. Section 594 of such title is hereby amended by inserting after "Territories and possessions" the following: "or the District of Columbia". The first paragraph of section 595 of such title is hereby amended by inserting after "from any Territory or possession" the following: "or the District of Columbia".

TITLE XVI-REFERENDUM

POWER OF REFERENDUM

SEC. 1601. (a) The qualified voters (as defined in section 806) shall have power, pursuant to the procedure provided by this title, to approve or reject in a referendum any act of the Assembly, or part of parts thereof, which has be come law, whether or not such act is yet operative. This power shall not extend, however, to acts authorizing the issuance of bonds, which shall be subject to the election provisions contained in section 602, or to acts continuing existing taxes, or making appropriations which in the aggregate are not in excess of those for the preceding fiscal year. Within forty-five days after an act subject to this title has been enacted, a petition signed by qualified voters equal in number to at least 10 per centum of the number who voted at the last preceding general election may be filed with the Clerk of the Assembly requesting that any such act, or any part or parts thereof, be submitted to a vote of the qualified voters.

(b) The Board of Elections shall prescribe such regulations as may be necessary or appropriate with respect to the form, filing, examination, amendment, and certification of petitions for referendum and with respect to the conduct of any referendum held under this title.

(e) Nothing in this Act shall be construed as abridging the power of the Assembly to submit questions to the voters at any general or special election.

EFFECT OF CERTIFICATION OF REFERENDUM PETITION

SEC. 1602. (a) When a referendum petition has been certified as sufficient, the act, or the one or more items, sections or parts thereof, specified in the petition shall not become operative, or further action shall be suspended if it shall have become operative, until and unless approved by the voters, as provided in this title. The filing of a referendum petition against one or more parts of an act shall not alter the operative effect of the remainder of such act.

(b) If, within thirty days after the filing of a referendum petition, the Clerk of the Assembly has not specified the particulars in which a petition is defective, the petition shall be deemed sufficient for the purposes of this title.

SUBMISSION TO VOTERS

SEC. 1603. An act or any part or parts thereof, with respect to which a petition for a referendum has been filed and certified as sufficient shall be submitted to the qualified voters at a referendum to be held in connection with any general election which occurs not less than thirty days from the date on which the Clerk of the Assembly files his certificate of the sufficiency of the petition. The Assembly may, if two-thirds of its membership concur, at any time not less than thirty days after the petition has been found sufficient, provide for a special election for the purpose of conducting the referendum.

AVAILABILITY OF LIST OF QUALIFIED VOTERS

SEC. 1604. If any organization or group requests it for the purpose of circulating descriptive matter relating to the act to be voted on at a referendum, the Board of Elections shall either permit such organization or group to copy the names and addresses of the qualified voters or furnish it with a list thereof, at a charge to be determined by the Board of Elections, not exceeding the actual cost of reproducing such list.

RESULTS OF REFERENDUM

SEC. 1605. An act which is submitted to a referendum which is not approved by a majority of the qualified voters voting thereon shall thereupon be deemed repealed. If a majority of the qualified voters voting thereon approve the act, it shall become operative on the day following the day on which the Board of Elections certifies the results of the referendum. If conflicting acts are approved by the voters at the same referendum, the one receiving the greatest number of affirmative votes shall prevail to the extent of such conflict. As used in this section, the word "act" shall mean the complete act, or any part or parts thereof, specified in the petition for referendum.

TITLE XVII-TITLE OF ACT

SEC. 1701. This Act, divided into titles and sections according to the table of contents, and including the declaration of congressional policy which is a part of such Act, may be cited as the "District of Columbia Charter Act".

H.R. 502, H.R. 504 (Multer)

These are identical bills bearing the same title as the immediately abovementioned bills, and differ from such bills only with respect to the composition of the proposed legislative assembly. H.R. 502 and H.R. 504 provide for a 15-member legislative assembly (instead of a 9-member legislative assembly) to be elected at large with election of three members from each of five wards.

[H.R. 502, 88th Cong., 1st sess.]

A BILL To provide for the District of Columbia an appointed Governor and secretary, and an elected legislative assembly and nonvoting Delegate to the House of Representatives, and for other purposes

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That subject to the retention by Congress of the ultimate legislative authority over the Nation's Capital which is granted by