Werner, Ella C., letter dated August 18, 1965, to Chairman McMillan Wilmouth, Gretchen J., letter dated August 18, 1965, to Chairman Mc- Woodward, Thomas M., letter dated March 5, 1965, to Chairman Mc- 453 House Committee on the District of Columbia, Report No. 957, dated September 3, 1965, on H.R. 10115, a bill (title I) to authorize the retro- cession to the State of Maryland of a portion of the District of Columbia, and if such retrocession is not accomplished then (title II) to provide a procedure for the establishment of home rule for the residents of such HOME RULE WEDNESDAY, AUGUST 18, 1965 HOUSE OF REPRESENTATIVES, SUBCOMMITTEE No. 5 OF THE COMMITTEE ON THE DISTRICT OF COLUMBIA, Washington, D.C. The subcommittee met, pursuant to recess, at 10:30 a.m., in room 1310, Longworth House Office Building, Honorable Basil L. Whitener, (chairman of the subcommittee) presiding. Present: Representatives Whitener (chairman), McMillan (chairman of the full committee), Williams, Fuqua, Grider, Horton, Nelsen, and Broyhill. Also Representative Sisk. Also present: James T. Clark, clerk; Hayden S. Garber, counsel; Donald Tubridy, minority clerk; and Leonard O. Hilder, investigator. Mr. WHITENER. The subcommittee will come to order. We will now proceed with the hearings upon various legislative proposals with reference to home rule in the District of Columbia. At this point we will insert into the record all the bills which have been introduced. These identical bills provide for appointment of a Governor and a Secretary by the President, with the advice and consent of the Senate, and election of a legislative assembly to replace the Board of Commissioners. Said assembly is to be compoesd of 15 elected members, 3 from each one of five wards. The number of members of the assembly may be changed by act of the assembly approved by a majority of the qualified voters. All elections are to be nonpartisan elections. Provision is included for a Presidential veto of measures adopted by the legislative assembly which the Governor has disapproved as adversely affecting a Federal interest. Congress retains the right to legislate for the District, including the right to modify and repeal acts adopted by the legislative assembly. Election of a nonvoting Delegate to the House of Representatives is also authorized. No formula for a Federal payment to the District is included, but the bills state it is intended that the Federal Government will annually pay an equitable share of the expenses of the District government. [H.R. 628, 89th Cong., 1st sess.] A BILL To provide for the District of Columbia an appointed Governor and Secretary, and an elected legislative assembly and nouvoting 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 the Constitution, it is the intent of Congress to restore to the inhabitants of the District of Columbia the powers of local self-government which are a basic privilege of all American citizens; to reaffirm through such action the confidence of the American people in the strengthened validity of principles of local self-government by the elective process; to promote among the inhabitants of the District the sense of responsibility for the development and well-being of their community which will result from the enjoyment of such powers of self-government; to provide for the more effective participation in the development of the District and in the solution of its local problems by those persons who are most closely concerned; and to relieve the National Legislature of the burden of legislating upon purely local District matters. It is the further intention of Congress to exercise its retained ultimate legislative authority over the District only insofar as such action shall be necessary or desirable in the interest of the Nation. Finally, it is recognized that the restoration of the powers of local self-government to the inhabitants of the District by this Act will in no way change the need, which arises from the unique character of the District as the Nation's Capital, for the payment by the Federal Government of a share of the expenses of the District government, and it is intended that an equitable share thereof shall be paid annually. Sec. 101. Definitions. TABLE OF CONTENTS TITLE I--DEFINITIONS TITLE II-STATUS OF THE DISTRICT Sec. 201. Status of the District. TITLE III-THE LEGISLATIVE ASSEMBLY PART 1-CREATION OF THE LEGISLATIVE ASSEMBLY Sec. 301. Creation and membership. Sec. 302. Qualifications for holding office. Sec. 303. Compensation. Sec. 304. Changes in membership and compensation of Assembly members. PART 2-PRINCIPAL FUNCTIONS OF THE LEGISLATIVE ASSEMBLY Sec. 321. Functions heretofore exercised by the Board of Commissioners and the Board Education. Sec. 321. Board of Commissioners abolished. Sec. 321. Board of Education abolished. Sec. 322. Functions relating to zoning. Sec. 323. Certain delegated functions. Sec. 324. Legislative powers and limitations thereon, PART 3-ORGANIZATION AND PROCEDURE OF THE LEGISLATIVE ASSEMBLY Sec. 501. Fiscal year. TITLE V-THE DISTRICT BUDGET Sec. 502. Budgetary details fixed by Assembly. Sec. 504. Budget establishes appropriations. TITLE VI-BORROWING PART 1-BORROWING FOR CAPITAL IMPROVEMENTS Sec. 601. Borrowing power; debt limitations. Sec. 602. Contents of borrowing legislation; referendum on bond issue. Sec. 604. Short period of limitation. Sec. 605. Acts for issuance of bonds. Sec. 606. Public sale. Sec. 901. Agreements with United States. Sec. 902. Personal interest in contracts or transactions. Sec. 903. Compensation from more than one source. Sec. 904. Assistance of United States Civil Service Commission in development of District merit system. TITLE X-SUCCESSION IN GOVERNMENT Sec. 1001. Transfer of personnel, property, and funds. Sec. 1003. Pending actions and proceedings. Sec. 1004. Vacancies resulting from abolition of Board Commissioners. TITLE XI-SEPARABILITY OF PROVISIONS Sec. 1101. Separability of provisions. TITLE XII-TEMPORARY PROVISIONS Sec. 1201. Powers of the President during transition period. SEC. 101. For the purposes of this Act— (1) The term "District" means the District of Columbia. (2) The terms "Legislative Assembly" and "Assembly" mean the Assembly of the District of Columbia provided for by title III. (3) The terms "Chairman" and "Assembly Chairman" mean the Chairman of the Assembly provided for by title III. (4) The terms "Governor" and "Secretary" mean the Governor and Secretary, respectively, provided for by title IV. (5) The term "qualified elector" means a qualified elector of the District as specified in section 806, except as otherwise specifically provided. (6) The term "act" includes any legislation adopted by the Assembly, except where the term “Act” is used to refer to this Act or other Acts of Congress herein specified. (7) The term "District Primary Act" means the Act of August 12, 1955 (Publie Law 376, Eighty-fourth Congress; 69 Stat. 699). (8) The term "person" includes an individual, partnership, association, jointstock company, trust or corporation. (9) The terms "capital project" and "project" mean (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. (10) The term "pending", when applied to any capital project, means authorized but not yet completed. (11) The term "Board of Elections" means the Board of Elections created by section 3 of the District Primary Act. (12) The term "election", unless the context otherwise indicates means an election held pursuant to the provisions of this Act. (13) The term "domicile" means that place where a person has his true, fixed. and permanent home and to which, when he is absent, he has the intention of returning. (14) The term "municipal office" means an office of any governmental unit subordinate to a State or Territorial government. (15) The terms "publish" and "publication", unless otherwise specifically provided herein, mean publication in a newspaper of general circulation published in the District. TITLE II-STATUS OF THE DISTRICT STATUS OF THE DISTRICT SEC. 201. (a) All of the territory consituting the permanent seat of the Government of the United States shall continue to be designated as the District of Columbia. The District of Columbia shall remain and continue a body-corporate, as provided in section 2 of the Revised Statutes relating to said District. Said |