candidacy from such runoff election (under rules and within time limits prescribed by the Board), the person who received the next highest number of votes in such prior election and who is not already a candidate in the runoff election shall automatically become such a candidate.

"(5) With respect to special elections required or authorized by this Act, the Board shall have the power to establish the dates on which such special elections are to be held, and to prescribe such other terms and conditions as may in the Board's opinion be necessary or appropriate for the conduct of such elections in a manner comparable to that prescribed for other elections held pursuant to this Act."

(b) The last sentence of subsection (a) (9) of section 10 of the District Election Act is amended by deleting the number "(5)" at the end thereof, and substituting in place thereof the number "(8)".

(c) Subsection 10(b) of the District Election Act is amended by inserting after the words "general election for" the words, "Delegates and".

(d) Section 10 (c) of the District Election Act is amended by (i) deleting after the words "of a tie vote", the word "in", and inserting in lieu thereof the words "the resolution of which will affect the outcome of", and (ii) by deleting the words "following the election" and inserting in lieu thereof the words "following determination by the Board of the results of the election which require the resolution of such tie,".

(e) Subsection (d) of section 10 of the District Election Act is amended (i) by inserting after the words "official other than" the words "a Delegate or winner of Delegate primary election, or" and (ii) by inserting the following additional sentences at the end thereof: "In the event that such a vacancy occurs in the office of a candidate for Delegate who has been declared the winner in the preceding Delegate primary or party runoff election, the vacancy may be filled not later than fifteen days prior to the next Delegate general election, by nomination by the party committee of the party which nominated his precedessor, and by paying the filing fee required by section 8(i). In the event that such a vacancy occurs in the office of Delegate, the Board shall call special elections to fill such vacancy for the remainder of the term but no such vacancy shall be filled which occurs within five months of the expiration of a congressional term."

AMENDMENT OF TITLE 2, UNITED STATES CODE, AND OTHER LAWS OF
GENERAL APPLICATION

SEC. 6. (a) The Act of March 4, 1925 (sec. 4, ch. 549, 43 Stat. 1301, as amended (2 U.S.C. 31)), is amended by deleting the word "and" after the words "Representatives in Congress", and by inserting after the words "Puerto Rico" a comma followed by the words "and the Delegate from the District of Columbia".

(b) Revised Statutes, section 51, Act of July 16, 1914 (ch. 141, sec. 1, 38 Stat. 458 (2 U.S.C. 37)), is amended by deleting the word "and" after the word "Congress", and by inserting a comma in lieu thereof, and by adding, after the word "Commissioners", the words "Delegate from the District of Columbia,".

(c) The Act of July 2, 1954 (ch. 455, title I, sec. 105, 68 Stat. 409, as amended (2 U.S.C. 38a)), is amended by inserting after "Resident Commissioner to," the words "or Delegate to".

(d) The Act of June 23, 1949 (ch. 238, sec. 6, 63 Stat. 265 (2 U.S.C. 461)), section 11(a) of the Legislative Appropriation Act, 1956 (69 Stat. 509, as amended (2 U.S.C. 60g-1)), and the Act of March 25, 1953 (ch. 10, sec. 4, 67 Stat. 8 as renumbered (2 U.S.C. 112c)), are each amended by deleting the words "from a Territory," and by inserting a comma in lieu thereof.

(e) 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 amended (i) by deleting the word "and" following the words "Members of the House of Representatives" and by inserting a comma in lieu thereof, (ii) by deleting the semicolon after the words "Resident Commissioner from Puerto Rico" and by inserting in lieu thereof the words "and the Delegate from the District of Columbia", and (iii) by inserting after the words, "district,, Puerto Rico," the words "District of Columbia,”.

(f) Subsection (i) of section 1 of the Act of June 25, 1910 (ch. 392, 36 Stat. 822, as amended; 2 U.S.C. 241 (i)), and section 591, title 18, United States Code, are each amended by deleting the period at the end thereof and by inserting in lieu thereof a comma followed by the words "and the District of Columbia".

(g) Chapter 11, title 18, United States Code, section 201 is amended by deleting the word "or" after the words "Member of Congress" and inserting the words "or Delegate from the District of Columbia" after the words "Resident Commissioner"; sections 203 and 204 are each amended by deleting the word "or" following the words "Resident Commissioner" and by inserting after the words "Resident Commissioner-elect" the words "Delegate from the District of Columbia, or Delegate-elect from the District of Columbia".

(h) Section 594, title 18, United States Code, is amended by deleting the words "Delegates or Commissioners from the Territories and Possessions" and by inserting in lieu thereof the words "Delegate or Resident Commissioners".

(i) The first paragraph of section 595, title 18, United States Code, is amended by deleting the words "from any Territory or Possession," and by inserting a comma in lieu thereof.

(j) Section 11(c) of the Act of August 6, 1965 (Public Law 89-110, 79 Stat. 443; 42 U.S.C. 1973i (c)) is amended by inserting after "or Delegates or Commissioners from the" the words "District of Columbia or".

(k) Title 10, United States Code, sections 4342 (a) (5) and 9342(a)(5), are each amended by deleting the word "Commissioners" and by inserting in lieu thereof the words "Delegate in Congress". Section 6954(a) (5) of such title is amended by deleting the words "Commissioners of" and by inserting in lieu thereof the words "Delegate in Congress from".

(1) The second sentence in the second paragraph of section 7 of the District of Columbia Alcoholic Beverage Control Act, as amended (D.C. Code, sec. 25107), is amended by striking out the words "the Presidential" and by inserting in lieu thereof the word "any".

MISCELLANEOUS AMENDMENTS OF DISTRICT ELECTION ACT

SEC. 7. (a) Clause (A) of subsection (2) of section 2 of the District Election Act is amended by inserting after the words "has resided" the words "or has been domiciled."

(b) Clause 2 of subsection (a) of section 8 of the District Election Act is amended by deleting the words "one hundred," and inserting in lieu thereof the words "two hundred."

(c) The first sentence of section 9(b) of the District Election Act is amended by deleting the words "The vote" and by substituting in lieu thereof the words "Except as otherwise provided by regulation of the Board, the vote".

(d) The first and second sentences of section 9 (f) of the District Election Act are hereby amended to read as follows:

"(f) If a qualified elector is unable to record his vote by marking the ballot or operating the voting machine an official of the polling place shall, on the request of the voter, enter the voting booth and comply with the voter's directions with respect to recording his vote. Upon the request of any such voter, a second official of the polling place shall also enter the voting booth and witness the recordation of the voter's directions. The official or officials shall in no way influence or attempt to influence the voter's decisions, and shall tell no one how the voter voted." (e) Section 1 of the District Election Act is amended (i) by inserting after the words "Vice President of the United States" a comma, followed by the words "a Delegate to the House of Representatives"; (ii) by inserting the word "and" after the semicolon in clause (2); (iii) by deleting the present clause (3) in its entirety; and (iv) by renumbering as clause (3) the present clause (4).

(f) Sections 8(a) and 10(a)(1) of the District Election Act are amended (i) by deleting the words "clauses (1), (2), and (3)" and by inserting in lieu thereof the words "clauses (1) and (2)," and (ii) by deleting the words "clause (4)” and by inserting in lieu thereof the words "clause (3)".

(g) Section 8(c) of the District Election Act is amended (i) by deleting the words "The Board shall", and inserting in lieu thereof the words "Except as otherwise provided, the Board shall", and (ii) by amending subsection 1 to read as follows:

"(1) to vote, in any election of officials referred to in clauses (1) and (2) of the first section of this Act and of officials designated pursuant to clause (3) of such section, separately or by slates for the candidates duly qualified and nominated for election to each such office or group of offices by such party under subsections (a) and (b) of this section 8."

(h) Section 9(c) of the District Election Act is amended to read as follows: "Any group of qualified electors interested in the outcome of an election may not less than two weeks prior to such election petition the Board for credentials authorizing watchers at one or more polling places at the next election during voting hours and until the count has been completed. The Board shall formulate rules and regulations not inconsistent with this Act to prescribe the form of watchers' credentials, to govern the conduct of such watchers, and to limit the number of watchers so that the conduct of the election will not be unreasonably obstructed. Subject to such rules and regulations watchers may challenge prospective voters whom they believe to be unqualified to vote."

(i) Section 9 of the District Election Act is amended (i) by redesignating subsection "(h)" to subsection “(i)", and (ii) by inserting the following new subsection (h):

"(h) In the event that the total number of candidates of one party nominated to an office or group of offices of that party pursuant to section 8(a) or 8(i) of this Act does not exceed the number of such offices to be filled, the Board may, prior to election day and, notwithstanding the provisions of section 8 (c) or 8(i) of this Act, declare the candidates so nominated to be elected without opposition, in which case the fact of their election pursuant to this paragraph shall appear for the information of the voters on any ballot prepared by the Board for their party for the election of other candidates in the same election."

(j) The first sentence of section 4(b) of the District Election Act is amended to read "Each member of the Board shall be paid compensation at the rate of $50 per day, with a limit of $2,500 per annum, while performing duties under this Act."

(k) Subsection (e) of section 13 of the District Election Act is amended by striking out the words "ten days" and by inserting in lieu thereof the words "thirty days".

(1) Section 14 of the District Election Act is amended by striking out the words "his place of residence or his voting privilege in any other part of the United States," and by inserting in lieu thereof the words "his qualifications for voting or for holding elective office, or be guilty of violating section 9, 12, or 13 of this Act."

(m) Subsection (g) of section 9 of the District Election Act is amended to read as follows:

"(g) No person shall vote more than once in any election nor shall any person vote in a primary or party runoff election held by a political party other than that to which he has declared himself to be a member."

(n) Subsection (b) of section 13 of the District Election Act is amended by inserting after the words "Vice President," the word "Delegate,"; by inserting after the word "committeewoman" the word "or"; and by deleting the words "or alternate,".

(0) Subsection (d) of section 13 of the District Election Act is amended by inserting after the word "elector," the word "Delegate,"; by inserting after the word "committeewoman" the word "or"; and by deleting the words "or alternate,".

EFFECTIVE DATES

SEC. 8. (a) Except as otherwise provided in this Act, its provisions shall take effect upon the date of its approval.

(b) The first primary election of each political party for candidates for the office of Delegate shall be held on the first Tuesday in May 1970.

APPROPRIATION AUTHORIZED

SEC. 9. There are hereby authorized to be appropriated such sums as are necessary to carry out the provisions of the District of Columbia Election Act as amended by this Act.

[S. 2164, 91st Cong., first sess.]

A BILL To establish a Commission on Government for the District of Columbia

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there is hereby established the Commission on Government for the District of Columbia (referred to hereafter as the "Commission") to examine the feasibility and desirability of various methods by which the structure of the District government may be improved and by which the District of Columbia may be granted a greater measure of self-government than presently exists.

MEMBERSHIP OF THE COMMISSION

SEC. 2. (a) The Commission shall be composed of—

(1) two Senators appointed by the President of the Senate, who shall not be members of the same political party: (2) two Members of the House of Representatives appointed by the Speaker of the House of Representatives, who shall not be members of the same political party.

(3) five persons appointed by the President of the United States, one of whom he shall designate as Chairman and another of whom he shall designate as Vice Chairman. Not more than three of these persons shall be members of the same political party.

(4) the Commissioner of the District of Columbia and the Chairman of the District of Columbia Council shall be ex officio nonvoting members of the Commission; and

(5) four persons to be elected by the people of the District of Columbia. (b) Vacancies of members appointed pursuant to paragraphs (1) through (3) of this section shall be filled in the same manner in which the original appointments were made, and subject to the same limitations with respect to party affiliation. Vacancies of the members elected under paragraph (5) shall be filled by the President.

(c) Seven members shall constitute a quorum, but a lesser number may conduct hearings.

(d) Members of the Commission shall not be deemed to be officers or employees of the United States by virtue of such service.

DUTIES OF THE COMMISSION

SEC. 3. (a) The Commission shall examine the feasibility and desirability of various methods by which the structure of the District government may be improved and by which the District of Columbia may be granted a greater measure of self-government than presently exists. In this connection, the Commission may study among others, the following matters:

(1) the basic structure of the District government and its relationship to the United States Government;

(2) the legislative authority to be delegated by the Congress to the District government to carry out the powers of local self-government;

(3) the authority of the District government and the allocation of such authority between the executive and legislative branches of the District government;

(4) the fiscal authority of the District government, including its authority to borrow for capital improvements, to engage in short-term borrowing, to provide for payment of bonds and notes, to make legal investments and to exercise other necessary fiscal authority;

(5) the taxing authority of the District government:

(6) the financial administration of the District government and audits of its affairs;

(264)

(7) the adjustment of Federal and District expenses and other arrangements between the District and the United States;

(8) elections in the District;

(9) the extent to which the Congress should reserve its authority to amend any charter of self-government which may hereafter be granted, the extent to which such charter may be amended by the people of the District and the extent to which such amendment should be subject to approval by the President or the Congress; and

(10) all other appropriate and necessary subjects of legislation within the District consistent with the Constitution of the United States, which may establish the relationship between the District government and the Federal Government and its agencies and instrumentalities.

(b) The Commission shall submit to the President and the Congress a comprehensive report of its findings and recommendations as soon as practicable and in no event later than six months after the election of the members of the Commission provided for by section 2(a) (5) of this Act. The Commission is authorized to issue such interim reports as it deems necessary prior to the submission of its final report. The Commission shall cease to exist thirty days following the submission of its final report.

POWERS OF THE COMMISSION

SEC. 4. (a) The Commission or, on the authorization of the Commission, any subcommittee or member thereof, may, for the purpose of carrying out its functions and duties, hold such hearings and sit and act at such times and places, administer such oaths, and require, by subpena or otherwise, the attendance and testimony of such witnesses, and the production of such books, records, correspondence, memorandums, papers, and documents as the Commission or such subcommittee or member may deem advisable. Subpenas may be issued over the signature of the Chairman or Vice Chairman, or any duly designated member, and may be served by any person designated by the Chairman, the Vice Chairman, or such member.

(b) The Commission, acting through its Chairman, is authorized to request from any department, agency, or independent instrumentality of the Federal and District Governments any information and assistance it deems necessary to carry out its functions under this Act; and each such department, agency, and instrumentality is authorized and directed to cooperate with the Commission, and, to the extent permitted by law and available appropriations, to furnish such information and assistance to the Commission upon request by the Chairman. (c) The Commission is authorized to accept, hold, and administer gifts and bequests of money, securities, and other personal property of whatsoever character absolutely or in trust, for purposes for which this Commission is created. (d) The Commission may appoint and fix the compensation of such personnel as it deems advisable without regard to (1) the provisions of title 5, United States Code, governing appointments in the competitive service, and (2) the provisions of chapter 51 and subchapter III of chapter 53 of such title, relating to classification and general schedule pay rates, except that no person shall receive compensation in excess of the rate now or hereafter provided for GS-18.

(e) The Commission may obtain the services of experts and consultants in accordance with section 3109 of title 5, United States Code.

(f) When so authorized by the Commission, any member of the Commission may take any action which the Commission is authorized to take by this section.

COMPENSATION OF COMMISSION MEMBERS

SEC. 5. (a) Members of the Commission who are Members of the Congress or full-time officers or employees of the United States or the District of Columbia shall receive no additional compensation on account of their service on the Commission. The other members of the Commission shall be entitled to receive compensation at the rate now or hereafter provided for grade GS-18 of the General Schedule for employees for each day (including traveltime) during which they are engaged in the actual performance of duties vested in the Commission.

(b) While traveling on official business in the performance of services for the Commission, members of the Commission shall be allowed expenses of travel, including per diem instead of subsistence, in accordance with subchapter I of chapter 57 of title 5, United States Code.