Corporation shall continue to be charged with all the duties, obligations, responsibilities and liabilities, and to be vested with all of the powers, rights, privileges, immunities and assets, respectively imposed upon and vested in said Corporation, the Board of Commissioners of the District of Columbia, any person appointed from civil life as a member of the Board of Commissioners of the District or the Engineer Commissioner of the District of Columbia.

(b) No law or regulation which is in force on the effective date of part 2. title III, of this Act shall be deemed amended or repealed by this Act except to the extent that such law or regulation is inconsistent with this Act: Provided, That any such law or regulation may be amended or repealed by legislation or regulation as authorized in this Act, or by Act of Congress.

(c) The judicial courts of the District of Columbia shall remain as now organized until abolished or changed by Act of Congress; but the Assembly shall have power to enact Acts conferring such additional jurisdiction on the juvenile court of the District of Columbia, the municipal court for the District of Columbia, and the municipal court of appeals for the District of Columbia as may be appropriate to the due execution and enforcement of the laws of the District of Columbia.

TITLE III-THE LEGISLATIVE ASSEMBLY

PART I-CREATION OF THE LEGISLATIVE ASSEMBLY

CREATION AND MEMBERSHIP

SEC. 301. There is hereby created the Legislative Assembly of the District of Columbia consisting of fifteen members elected as provided in title VIII. Except as otherwise provided in this Act, the legislative power and authority of the District, as hereinafter set forth, is hereby vested in the Assembly.

QUALIFICATIONS FOR HOLDING OFFICE

SEC. 302. No person shall hold the office of member of the Assembly unless he (1) is a qualified elector, (2) is domiciled in the District and resides in the ward from which he is nominated, and has (a) during the three years next preceding his nomination resided and been domiciled in the District and (b) during the one year next preceding his nomination has not voted in any election (other than in the District) for any candidate for public office, and has resided in the ward from which he is nominated, (3) holds no other elective public office, and (4) holds no appointive office of a full-time, continuing nature for which compensation is provided out of Federal or District funds. A member of the Assembly shall forfeit his office upon failure to maintain the qualifications required by this section.

COMPENSATION

SEC. 303. Each member of the Assembly, except the Chairman, shall receive compensation at a rate of $10,000 per annum, payable in periodic installments. The Chairman shall receive compensation at a rate of $12,000 per annum, payable in periodic installments. All members shall receive such additional allowance for expenses as may be approved by the Assembly to be paid out of funds duly appropriated therefor.

CHANGES IN MEMBERSHIP AND COMPENSATION OF ASSEMBLY MEMBERS

SEC. 304. (a) The number of members constituting the Assembly may be changed by act passed by the Assembly: Provided, That no such act shall take effect until after it has been assented to by a majority of the qualified electors of the District voting at an election on the proposition set forth in any such act. (b) The compensation of members of the Assembly may be changed by act passed by the Assembly: Provided, That no such act shall take effect until January 1 of the first odd-numbered year following its approval.

PART 2-PRINCIPAL FUNCTIONS OF THE LEGISLATIVE ASSEMBLY

FUNCTIONS HERETOFORE EXERCISED BY THE BOARD OF COMMISSIONERS AND BY THE BOARD OF EDUCATION

SEC. 321. (a) Except as otherwise provided in this Act, all functions granted to or imposed upon the Board of Commissioners of the District are hereby transferred to the Assembly except those powers hereinafter specifically conferred on the Governor.

(b) The Board of Commissioners of the District of Columbia is hereby abolished, and all provisions of law providing for the Board of Commissioners of the District, and the offices of Commissioner, Engineer Commissioner, and Assistants to the Engineer Commissioner of the District, are hereby repealed.

(c) The Board of Education provided for in section 2 of the Act entitled "An Act to fix and regulate the salaries of teachers, school officers, and other employees of the Board of Education of the District of Columbia", approved June 20, 1906, is hereby abolished and its functions are hereby transferred to the Legislative Assembly for exercise in such manner and by such person or persons as the Assembly may direct.

FUNCTIONS RELATING TO ZONING

SEC. 322. The Zoning Commission created by the first section of the Act of March 1, 1920, creating a Zoning Commission for the District of Columbia, as amended (D.C. Code, 1951 edition, sec. 5-412), is hereby abolished, and its functions are transferred to the Assembly.

CERTAIN DELEGATED FUNCTIONS

SEC. 323. No function of the Board of Commissioners of the District which such Board has delegated to an officer or agency of the District shall be considered as a function transferred to the Assembly by section 321. Each such function is hereby transferred to the officer or agency to whom or to which it was delegated, until the Governor or Assembly, or both, pursuant to the powers herein granted, shall revoke, modify, or transfer such delegation.

LEGISLATIVE POWERS AND LIMITATIONS THEREON

SEC. 324. (a) Except as provided in subsection (b) of this section, the legislative power of the District shall extend to all rightful subjects of legislation within said District, consistent with the Constitution of the United States and the provisions of this Act, subject nevertheless, to all the restrictions and limitations imposed upon States by the tenth section of the first article of the Constitution of the United States; but all acts of the Assembly shall at all times be subject to repeal or modification by the Congress of the United States, and nothing herein shall be construed to deprive Congress of the power of legislation over said District in as ample manner as if this Act had not been enacted: Provided, That nothing in this section shall be construed as vesting in the District government any greater authority over the Public Utilities Commission of the District of Columbia, the Armory Board, the National Guard of the District of Columbia, the District of Columbia Redevelopment Land Agency, the National Capital Housing Authority, or any Federal agency than was vested in the Board of Commissioners of the District prior to the effective date of part 2, title III of this Act.

or

(b) The Assembly may not pass any act contrary to the provisions of this Act,

(1) impose any tax on property of the United States;

(2) lend the public credit for support of any private undertaking;

(3) authorize the issuance of bonds except in compliance with the provisions of title VI;

(4) grant any exclusive privilege, immunity, or franchise;

(5) authorize the use of public money in support of any sectarian, denominational, or private school except as now or hereafter authorized by Congress;

(6) enact any act to amend or repeal any Act of Congress which concerns the functions or property of the United States or which is not restricted in its application exclusively in or to the District;

(7) pass any act inconsistent with or contrary to the Act of June 6, 1924 (43 Stat. 463), as amended by the Act of April 30, 1926 (44 Stat. 374), and

by the Act of July 19, 1952 (66 Stat. 781); and the Act of May 29, 1930 (46 Stat. 482), as amended, and the Assembly shall not pass any act inconsistent with or contrary to any provision of any Act of Congress as it specifically pertains to any duty, authority, and responsibility of the National Capital Planning Commission; except insofar as the above-cited or other referred to Acts refer to the Engineer Commissioner of the District of Columbia or the Board of Commissioners of the District, the former of which terms, after the enactment of this Act, shall mean the Governor or some District government official deemed by the Governor to be best qualified, and designated by him to sit in lieu of the Governor as a member of the National Capital Planning Commission and the National Capital Regional Planning Council, and the latter term shall mean the Assembly.

(c) Every act shall include a preamble, or be accompanied by a report, setting forth concisely the purposes of its adoption. Every act shall be published within seven days after its passage, as the Assembly may direct.

(d) An act passed by the Assembly shall be presented to the Governor and shall become law upon his approval as indicated by his signature. If any act so passed shall be disapproved by the Governor, he shall, within ten calendar days of its presentation, return such act to the Assembly setting forth his objections. If his disapproval is based in whole or in part upon a finding that such act adversely affects a Federal interest, he shall so inform the Assembly when setting forth his objections to such act. If any act so passed shall not be returned by the Governor as herein provided within ten calendar days after it shall have been presented to him, the same shall become law in like manner as if he had signed it. If, upon reconsideration of an act returned by the Governor, two-thirds of the members of the Assembly vote to pass such act, it shall become law unless the Governor's disapproval was based in whole or in part upon a finding that such act adversely affects a Federal interest, in which case the Assembly shall again present the act to the Governor and the Governor shall forthwith transmit it to the President, advising the Assembly in writing that he has done so. If the President approves such act he shall sign it, and it shall thereupon become law. If he does not approve it, he shall return it to the Governor so stating, and it shall not become law. The President shall approve or disapprove an act transmitted to him by the Governor, under the provisions of this subsection, within ten calendar days after its transmission to him; and if not acted upon within such time, it shall become law as if it had been specifically approved by him.

PART 3-ORGANIZATION AND PROCEDURE OF THE LEGISLATIVE ASSEMBLY

THE CHAIRMAN

SEC. 331. The Assembly shall elect from among its members a Chairman who shall be the presiding officer of the Assembly and a Vice Chairman, who shall preside in the absence of the Chairman. The terms of the first Chairman and Vice Chairman shall expire at the close of December 31, 1966, and at the close of December 31 of each succeeding even-numbered year the term of office of the incumbent Chairman and Vice Chairman shall expire.

CLERK OF THE ASSEMBLY; RECORDS AND DOCUMENTS

SEC. 332. (a) The Assembly shall appoint a clerk as its chief administrative officer and such assistants and clerical personnel as may be necessary. Notwithstanding any other provision of this Act, the compensation and other terms of employment of such clerk, assistants, and clerical personnel shall be prescribed by the Assembly.

(b) The clerk shall (1) keep a record of the proceedings of the Assembly, (2) keep a record showing the text of all acts and resolutions introduced, and the ayes and noes of each vote, (3) authenticate by his signature and record in full in a continuing record kept for that purpose all acts passed by the Assembly, and (4) perform such other duties as the Assembly may from time to time prescribe.

MEETINGS

SEC. 333. (a) The first meeting of the Assembly after this part takes effect shall be called by the member who receives the highest vote in the election provided in title VIII. He shall preside until a Chairman is elected. The first meeting of the Assembly in each odd-numbered year commencing with 1967 shall be

called by the Clerk of the Assembly for a date not later than January 7 of such year.

(b) The Assembly shall provide for the time and place of its regular meetings. The Assembly shall hold at least one regular meeting in each calendar year except that during July and August it shall hold at least two regular meetings in each month. Special meetings may be called, upon the giving of adequate notice, by the Governor, the Chairman, or any three members of the Assembly. (c) Meetings of the Assembly shall be open to the public and shall be held at reasonable hours and at such places as to accommodate a reasonable number of spectators. The records of the Assembly provided for in section 332(b) shall be open to public inspection and available for copying during all regular office hours of the Clerk of the Assembly. Any citizen shall have the right to petition and be heard by the Assembly at any of its meetings, within reasonable limits as set by the Assembly Chairman, the Assembly concurring.

COMMITTEES

SEC. 334. The Assembly Chairman, with the advice and consent of the Assembly, shall appoint such standing and special committees as may be expedient for the conduct of the Assembly's business. All committee meetings shall be open to the public except when ordered closed by the committee chairman, with the approval of a majority of the members of the committee.

LEGISLATIVE ACTS

SEC. 335. (a) The Assembly, to discharge the powers and duties imposed herein, shall pass acts upon a vote of a majority of the members of the Assembly, unless otherwise provided herein.

(b) The enacting clause of all acts passed by the Assembly shall be, “Be it enacted by the Assembly of the District of Columbia :".

PASSAGE OF ACTS

SEC. 336. The Assembly shall not pass any act before the thirteenth day following the day on which it is introduced. Subject to the other limitations of this Act, this requirement may be waived by the unanimous vote of the members present.

PROCEDURE FOR ZONING ACTS

SEC. 337. (a) Before any zoning act for the District is passed by the Assembly(1) the Assembly shall deposit the act in its introduced form, with the National Capital Planning Commission. Such Commission shall, within thirty days after the date of such deposit, report to the Assembly whether the proposed act is in conformity with the comprehensive plan for the District of Columbia. The Assembly may not pass the act unless it has received such report or the Commission has failed to report within the thirty-day period above specified; and

(2) the Assembly (or an appropriate committee thereof) shall hold a public hearing on the act. At least thirty days' notice of hearing shall be published as the Assembly may direct. Such notice shall include the time and place of the hearing and a summary of all changes in existing law which would be made by adoption of the act. The Assembly (or committee thereof holding the hearing) shall give such additional notice as it finds expedient and practicable. At the hearing interested persons shall be given reasonable opportunity to be heard. The hearing may be adjourned from time to time. The time and place of the adjourned meeting shall be publicly announced before adjournment is had.

(b) Before any zoning act passed by the Assembly is presented to the Governor for his approval, it shall be deposited by the Assembly with the National Capital Planning Commission. If, in the opinion of the Commission such act. as passed, would adversely affect the interest of the Federal Government, the Commission shall within thirty days after the date of such deposit certify to the Assembly its disapproval of such act. If such certification of disapproval is not made within such thirty-day period, the zoning act shall thereupon be presented to the Governor and shall become law subject to the provisions of section 324(d). If the Commission makes such certificate of disapproval within the thirty-day period above specified, the zoning act shall not become law: Provided, That if

within thirty days after the day on which such certification is received, the act be readopted by the affirmative vote of at least two-third of the members of the Assembly, it shall thereupon be presented to the Governor and shall become law, subject to the provisions of section 324(d).

INVESTIGATIONS BY ASSEMBLY

SEC. 388. (a) The Assembly, or any committee or person authorized by it, shall have power to investigate any matter relating to the affairs of the District; and for that purpose may require the attendance and testimony of witnesses and the production of books, papers, and other evidence. For such purpose any memmer of the Assembly (if the Assembly is conducting the inquiry) or any member of the committee, or the person conducting the inquiry, may issue subpenas and may administer oaths.

(b) In case of contumacy by, or refusal to obey a subpena issued to, any person, the Assembly, committee, or person conducting the investigation shall have power to refer the matter to any judge of the United States District Court for the District of Columbia, who may by order require such person to appear and to give or produce testimony or books, papers, or other evidence, bearing upon the matter under investigation; and any failure to obey such order may be punished by such court as a contempt thereof as in the case of failure to obey a subpena issued, or to testify, in a case pending before such court.

TITLE IV-GOVERNOR AND SECRETARY

APPOINTMENT, QUALIFICATIONS, AND SALARIES

SEC. 401. (a) There are hereby created the Offices of Governor of the District of Columbia and Secretary of the District of Columbia. The Governor and the Secretary shall be appointed by the President of the United States, by and with the advice and consent of the Senate, and, except as otherwise herein provided, shall serve for terms of four years, or until their respective successors are appointed and assume the duties of the offices, unless sooner removed by the President: Provided, That upon appointment by the President, the Governor and the Secretary, respectively, may serve on an interim basis, pending confirmation by the Senate, for a period not to exceed sixty days after the date of the appointment or the date on which the Senate convenes, whichever is later.

(b) No person shall hold the office of Governor or of Secretary, unless he (1) is a qualified elector, (2) 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, (3) holds no elective public office, and (4) holds no other appointive office for which compensation is provided out of District or Federal funds. The Governor and the Secretary shall forfeit their respective offices upon failure to maintain the qualifications required by this section.

(c) The Governor shall receive an annual salary of $21,000, and an allowance for official expenses, which he shall certify in reasonable detail to the Assembly, of not more than $2,500 annually. The Secretary shall receive an annual salary of $17.500. Such salaries shall be payable in periodic installments.

(d) The terms of office of the first Governor and the first Secretary shall be from January 1, 1966, through January 20, 1970, unless sooner removed by the President. Thereafter, the terms of office of the Governor and the Secretary, respectively, shall be four years, beginning on January 21, 1970, and on January 21 of every other odd-numbered year thereafter, e cept that any person appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed only for the remainder of such

term.

POWERS AND DUTIES OF THE GOVERNOR

SEC. 402. The Governor shall be the chief executive officer of the District Government. He shall be responsible for the proper administration of the affairs of the District coming under his jurisdiction or control, and to that end shall have the following powers and functions:

(1) He shall designate the officer or officers of the executive department of the District who shall, during periods of disability or absence from the District of both the Governor and the Secretary, execute and perform all the powers and duties of the Governor.