The Judiciary Subcommittee of the Committee on the District of Columbia met in the committee room, 445 Old House Office Building, at 10 a. m., Hon. Oren Harris (subcommittee chairman) presiding. Other subcommittee members present were: Hon. Thomas G. Abernathy, Hon. Olin E. Teague, Hon. Joseph O'Hara, and Hon. James C. Auchincloss. Also present: Hon. John L. McMillan, chairman; and Senator Estes Kefauver; and others. Mr. HARRIS. The committee will come to order. The Judiciary Subcommittee of the Committee on the District of Columbia has met this morning for the purpose of hearing the pro- ponements of H. R. 28, H. R. 2505, H. R. 4981, and S. 1527, which is commonly referred to as the home rule proposal for the District of A BILL To provide for home rule and reorganization in the District of Columbia Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act, divided into titles and sections according to the following Table of Contents, may be cited as the "District of PART 2-PRINCIPAL FUNCTIONS OF THE DISTRICT COUNCIL Sec. 421. Functions heretofore exercised by the Board of Commissioners. Sec. 422. Functions relating to zoning. Sec. 423. Certain delegated functions. Sec. 425. Legislative proposals. Sec. 426. Limitations on powers of District Council. Sec. 427. Creation and abolition of advisory boards and commissions. Sec. 601. Appointment, qualifications, and salary. Sec. 604. Acting District Manager. Sec. 605. Assistants to the District Manager. Sec. 606. Executive Office of the District Manager. Sec. 607. Office of the Archivist; District Archives Commission. Sec. 702. Submission of budget and budget message. Sec. 703. Contents of the budget. Sec. 704. Contents of the budget message. Sec. 705. Preparation of the budget. Sec. 706. Budgetary details fixed by District Council Sec. 707. Budget a public record. Sec. 708. Publication of notice of public hearing. Sec. 709. Public hearing on budget. Sec. 710. Further consideration of budget. Sec. 711. Revision of estimates by Board of Education. Sec. 712. Adoption of budget; deposit with Joint Committee. Sec. 713. Action by Joint Committee. Sec. 714. Final action by District Council. Sec. 715. Certification and copies of budget. Sec. 821. Borrowing to meet emergency appropriations. Sec. 822. Borrowing in anticipation of revenues. TITLE XII-CERTAIN AGENCIES NOT UNDER THE DIRECTION AND SUPERVISION OF THE DISTRICT MANAGER Sec. 1401. Agreements with the United States. Sec. 1402. Publicity of records. Sec. 1403. Personal interest in contracts or transactions. Sec. 1404. Investigations by District Council. Sec. 1405. Amendment of Budget and Accounting Act. Sec. 1406. Review of proposed legislation by Bureau of the Budget. Sec. 1407. Saint Elizabeths Hospital. Sec. 1408. Register of wills and clerk of Probate Court. Sec. 1409. National Capital Park and Planning Commission. Sec. 1410. Certain functions now administered by Federal agencies. Sec. 1411. National Capital Housing Authority. Sec. 1412. Compensation from more than one source. Sec. 1413. Support of United States courts. Sec. 1414. Payment to retirement fund. TITLE XV-SUCCESSION IN GOVERNMENT Sec. 1501. Transfer of personnel, property, and funds. Sec. 1504. Vacancies resulting from abolition of Board of Commissioners. TITLE XVI-SEPARABILITY OF PROVISIONS Sec. 1601. Separability of provisions. TITLE XVII-TEMPORARY PROVISIONS Sec. 1701. Powers of the President during transition period. Sec. 1702. Reimbursable appropriation for the District for the period ending June 30, 1950. Sec. 1801. Effective dates. TITLE XVIII-EFFECTIVE DATES SECTION 101. For the purposes of this Act (1) The term "Joint Committee" means the Joint Committee on the District of Columbia provided for by title II. (2) The term "District" means the District of Columbia. (3) The term "Delegate" means the Delegate from the District of Columbia provided for by title III. (4) The term "District Council" means the Council of the District of Columbia provided for by title IV. (5) The term "Mayor" means the Mayor of the City of Washington provided for by title IV. (6) The term "District Manager" means the District Manager provided for by title VI. (7) The term “qualified elector" means a qualified elector of the District as specified in section 1306 (b). (8) The term "expenditure", when applied to any period of time, includes an obligation to expend incurred during such period, but does not include a disbursement made in such period if the obligation to make such disbursement was incurred in a prior period. (9) The term "person" includes an individual, partnership, association, jointstock company, trust, or corporation. (10) The term "budget year" means the fiscal year for which any particular budget becomes effective and in which such budget is administered. (11) The term "capital project", or "project", means (a) any physical public betterment or improvement and any preliminary studies and surveys relative thereto; (b) the acquisition of property of a permanent nature; or (c) the purchase of equipment for any public betterment or improvement when first erected or acquired. (12) The term "pending", when applied to any capital project, means authorized but not yet completed. TITLE II-JOINT COMMITTEE ON THE DISTRICT OF COLUMBIA CREATION AND FUNCTIONS SEC. 201. (a) There is hereby created a joint congressional committee known as the Joint Committee on the District of Columbia, to be composed of (1) twentyfour members as follows: Eleven members who are Members of the Senate (of whom one shall be a member of the Committee on Appropriations of the Senate) to be elected by the Senate, and thirteen members who are Members of the House of Representatives (of whom two shall be members of the Committee on Appropriations of the House of Representatives) to be elected by the House of Representatives, and (2) an additional member who shall be the Delegate from the District of Columbia. The Delegate shall possess in such committee the same powers and privileges as in the House of Representatives, and may make any motion except to reconsider. (b) (1) Except as provided in paragraph (2) of this subsection, no person who, at the time of his election to the Joint Committee, is a member of the Committee on Appropriations of the Senate or of the House of Representatives shall continue to serve as a member of the Joint Committee after he has ceased to be a member of such Committee on Appropriations. (2) The members of the Joint Committee elected by the House of Representatives who have been reelected to the House of Representatives may continue to serve as members of the Joint Committee notwithstanding the expiration of the Congress. (c) A majority of the individuals (other than the Delegate) serving as members of the Joint Committee shall constitute a quorum of the Joint Committee. A vacancy in the Joint Committee shall be filled in the same manner as the original selection. (d) The Joint Committee, or any subcommittee thereof, is authorized to hold such hearings, to sit and act at such places and times, to require, by subpena (to be issued under the signature of the chairman or any member designated by him) or otherwise, the attendance of such witnesses and the production of such books, papers, documents, and tangible things, to administer such oaths, to take such testimony, to procure such printing and binding, and to make such expenditures as it deems advisable. The cost of stenographic services to report such hearings shall not be in excess of 25 cents per hundred words. The provisions of sections 102 to 104, inclusive, of the Revised Statutes shall apply in case of any failure of any witness to comply with a subpena or to testify when summoned under authority of this subsection. (e) (1) There shall be an executive officer of the Joint Committee who shall be appointed by a majority vote of the Joint Committee on a permanent basis without regard to political affiliations and solely on the basis of fitness to perform the duties of the office; but the Joint Committee is authorized to terminate, by a majority vote of the committee, the services of such executive officer. The executive officer shall perform such duties as are assigned to him by this Act and such other duties as may be assigned to him by the chairman of the Joint Committee with the approval of the Joint Committee. The executive officer shall not engage in any work other than committee business and no other duties may be assigned to him. The executive officer shall receive compensation at the basic rate of $8,000 per annum. (2) The Joint Committee shall have power to appoint and fix the compensation of such experts and such clerical, stenographic, and other assistants as it deems advisable. CHAIRMANSHIP SEC. 202. The chairman of the Joint Committee shall be elected by the committee from among the members of one House serving thereon, and the vice chairman shall be elected by the committee from among the members of the other House serving thereon. During_each_odd-numbered Congress the chairman shall be a Member of the House of Representatives, and during each evennumbered Congress the chairman shall be a Member of the Senate. DUTIES IN RELATION TO THE DISTRICT SEC. 203. The Joint Committee shall make continuing studies and investigations of the government of the District and the conduct of its affairs. For such purposes the Joint Committee or any member or representative thereof designated by the committee shall have access to all buildings and other places, books, papers, documents, and tangible things, owned by or under the control of the District. The Joint Committee shall from time to time report the results of its studies and investigations, together with its recommendations, to the Senate and to the House of Representatives. RULES OF THE SENATE AND HOUSE SEC. 204. (a) The provisions of this section are enacted by the Congress (1) as an exercise of the rule-making power of the Senate and the House of Representatives, respectively, and as such they shall be considered as part of the rules of each House, respectively, or of that House to which they specifically apply; and such rules shall supersede other rules only to the extent that they are inconsistent therewith; and (2) with full recognition of the constitutional right of either House to change such rules (so far as relating to the procedure in such House) at any time, in the same manner and to the same extent as in the case of any other rule of such House. (b) All bills, resolutions, and other matters in the Senate and House of Representatives, relating to the District, shall be referred to the Joint Committee on the District of Columbia. Bills, resolutions, and other matters so referred shall not be reported to the Senate or to the House of Representatives by the Joint Committee as such or as a result of any vote in the Joint Committee as such; but members of the Joint Committee who are members of the Senate shall from time to time report to the Senate, and members of the Joint Committee who are members of the House of Representatives shall from time to time report to the House, |