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 the first day of July next after the first Mayor takes office under this Act, 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

SEC. 1101. If any provision of this Act or the application thereof to any person or circumstances 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 District Council, 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.

REIMBURSEMENT APPROPRIATIONS 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 second fiscal year which begins after the effective date of title VIII, 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) except that

(1) part 2 of title III, title V, and title VII (except part 4) shall take effect on the day upon which the Council members first elected take office, (2) section 402 shall take effect on the day upon which the Mayor first elected takes office, and

(3) part 4 of title VII shall take effect with respect to the first fiscal year beginning next after the Mayor first elected takes office and with respect to subsequent fiscal years.

(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 nine months 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.

52-505-65--12

(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.

(b) 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 a 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 in 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 NON ACCEPTANCE 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 and to the Secretary of the Senate and the Clerk of the House of Representatives.

TITLE XV-DELEGATE

DISTRICT DELEGATE

SEC. 1501. (a) Until a constitutional amendment and subsequent 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, 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) holds 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) Subsection (a) of section 601 of the Legislative Reorganization Act of 1946, as amended, is hereby amended by striking out "from the Territories". (2) Clause (b) of section 1 of the Civil Service Retirement Act of May 29, 1330, as amended (70 Stat. 743), is hereby amended by striking out "from a Territory".

(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 Territories".

(4) Paragraph (i) of section 302 of the Federal Corrupt Practices Act, 1929. as amended (2 U.S.C. 241), is hereby amended by inserting after "United States" the following: "and the District of Columbia".

(5) 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

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 District Council, or part or parts thereof, which has become 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 referendum 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 Secretary of the District Council 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 referendums and with respect to the conduct of any referendum held under this title.

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 Secretary 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 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 the first general election which occurs not less than thirty days nor more than one year from the date on which the Secretary files his certificate of the sufficiency of the petition. The Council shall, if no general election is to be held within such period, 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.

RESULT 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 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".

IV

SELF-GOVERNMENT REFERENDUM

ELECTED CHARTER BOARD

CHARTER REFERENDUM

MUNICIPAL GOVERNMENT

H.R. 10115 (Sisk)

This bill provides for a referendum, not later than 100 days after enactment, to determine if the residents of the District of Columbia want self-government.

If a majority of qualified voters approves the referendum, a District of Columbia Charter Board would be set up, consisting of 15 persons, nominated by a petition of at least 300 voters and elected at large in a nonpartisan election.

The Charter Board is empowered within 7 months of election to prepare a District of Columbia charter establishing a municipal government for the District of Columbia, which would then be submitted to the voters for approval or disapproval. If approved, it would be transmitted to Congress and would take effect within 90 days thereafter, unless meanwhile it had been disapproved by either House; or if both Houses approved, it would take effect thereupon. Complete legislative power over the District would be provided by such charter within the scope of the power of Congress acting as a legislature for the District, and consistent with the constitutional requirement that Congress retains ultimate legislative authority over the Nation's Capital.

Reservation is also provided for the Congress at any time to amend the charter, or for the people of the District to do so by referendum unless disapproved by Congress.

Provision is included for veto by the President of any legislation enacted by the municipal government.

The bill does not contain any provision for a Federal payment to the District.

[H.R. 10115, 89th Cong., 1st sess.]

A BILL Authorizing the residents of the District of Columbia to make known their preference on the question of home rule and, if they wish, to elect a board for the purpose of preparing a municipal charter for submission to the voters and to Congress, and for other purposes

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "District of Columbia Charter Act".

DECLARATION OF POLICY

SEC. 2. It is the intent of Congress to make available to the inhabitants of the District of Columbia such measure and form of local self-government as they themselves shall democratically establish if such self-government is consistent with the constitutional injunction that Congress retain ultimate legislative authority over the Nation's Capital. In taking this action it is further the intent of Congress to demonstrate its fundamental and enduring belief in the merits of the democratic process by exercising its retained legislative responsibility for the seat of the Federal Government only as it concerns amendments to any charter which might be established under this Act, but not as it concerns the routine municipal affairs of the District of Columbia.

SELF-GOVERNMENT REFERENDUM AND CHARTER BOARD ELECTION

SEC. 3. (a) (1) The Board of Elections shall conduct a referendum, on a day specified by it, not later than one hundred days after the date of enactment of this Act to determine if the residents of the District of Columbia want selfgovernment for the District of Columbia. The following proposition shall be submitted to the voters in the referendum :

"The voters of the District of Columbia are being asked in this election whether they want a District of Columbia Charter Board created whose purpose would be to write a charter for the District of Columbia. The charter, if approved in accordance with the District of Columbia Charter Act, would establish local self-government for the District of Columbia. Do you approve the creation of a District of Columbia Charter Board?