REORGANIZATION PROPOSALS

MONDAY, JULY 31, 1967

HOUSE OF REPRESENTATIVES,
SUBCOMMITTEE No. 1 OF THE

COMMITTEE ON THE DISTRICT OF COLUMBIA,

Washington, D.C.

The subcommittee met, pursuant to notice, at 10:30 o'clock a.m., in Room 1310 Longworth House Office Building, Hon. Thomas G. Abernethy, chairman of the subcommittee, presiding.

Present: Representatives McMillan (chairman of the full committee), Abernethy (presiding), Fraser, Jacobs, Broyhill, and Winn of the subcommittee; also Representative Adams.

Also present: James T. Clark, Clerk; Hayden S. Garber, Counsel; Sara Watson, Assistant Counsel; Donald Tubridy, Minority Clerk; and Leonard O. Hilder, Investigator.

Mr. MCMILLAN (presiding). The committee will come to order. Mr. Abernethy will be a few minutes late, and we do not want to wait any longer than necessary.

Congressman Brown, the committee will be glad to hear any statement you care to make on your bill or any other pending bill.

(H.R. 11555 by Mr. Brown, and H.R. 11872 by Mr. McMillan and Mr. Nelsen, follow :)

(H.R. 11555, 90th Cong.,

1st sess., by Mr. Brown on July 19, 1967 and H.R. 11635 by Mr. Quie on July 20, 1967)

A BILL To provide for the election of one member of the Board of Commissioners of the District of Columbia, a School Board, and a nonvoting Delegate to the House of Representatives; to provide for the location of certain agencies under the jurisdiction of the Board of Commissioners; and for other purposes

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

TITLE I-DEFINITIONS

SEC. 101. For the purposes of this Act

(1) The term "District" means the District of Columbia.

(2) The term "Board of Commissioners" means the Board of Commissioners of the District of Columbia.

(3) The term "Board of Elections" means the Board of Elections created by section 3 of the District of Columbia Election Act (D.C. Code, sec. 1-1103).

(4) The term "School Board" means the District Columbia School Board, created by title VIII of this Act.

(5) The term "Board of Education" means the Board of Education of the District of Columbia, created by section 2 of the Act of June 20, 1906 (D.C. Code, sec. 31-101).

(6) The term "Commissioner" means a Commissioner of the District of Columbia.

TITLE II-BOARD OF COMMISSIONERS

SEC. 201. Section 2 of the Act entitled "An Act providing a permanent form of government for the District of Columbia", approved June 11, 1878 (D.C. Code, secs. 1-201, 1-203, 1-206-1-210, 1-213), is amended to read as follows:

"SEC. 2. (a) The Board of Commissioners of the District of Columbia shall be composed of three Commissioners, selected as follows:

"(1) One Commissioner shall be elected by the residents of the District of Columbia.

"(2) Two Commissioners shall be appointed by the President of the United States, by and with the advice and consent of the Senate.

"(b) (1) No person may be appointed Commissioner if on that date he takes office

"(A) he is not a citizen of the United States,

"(B) he has not resided in the District of Columbia continuously since the beginning of the three-year period which ends on such date, or

"(C) he has during such three-year period claimed residence outside the District of Columbia.

"(2) No person may be elected Commissioner if on the day he takes office"(A) he is not registered under section 7 of the District of Columbia Election Act (D.C. Code, sec. 1-1107),

"(B) he holds an elective public office, a position as an officer or employee of the government of the District or the Government of the United States, or an appointive office for which compensation is provided out of District or Federal funds,

"(C) he has not resided in the District of Columbia continuously since the beginning of the three-year period which ends on such date, or

“(D) he has during such three-year period claimed residence outside the District of Columbia.

"(c) The regular term of office of appointed and elected Commissioners shall be three years and shall begin at noon on the first day of February next following the first general election for office of Commissioner held under section 10(a) (5) of the District of Columbia Election Act (D.C. Code, sec. 1-1110). Of the two Commissioners appointed for terms beginning on such first day of February, one shall be appointed for a term of one year, and one shall be appointed for a term of two years, as designated by the President. A Commissioner may serve after the expiration of his term of office until his successor has taken office.

"(d) If a vacancy occurs in the office of appointed Commissioner, the President of the United States shall appoint a Commissioner, by and with the advice and consent of the Senate, to hold office for the remainder of the term of office for which his predecessor was appointed. A vacancy in the office of elected Commissioner shall be filled in accordance with section 10(d) of the District of Columbia Election Act.

"(e) The rate of compensation of the Commissioners shall be $28,000 per

annum.

"(f) Each Commissioner shall upon taking office take an oath or affirmation to support the Constitution of the United States and to faithfully discharge the duties imposed upon him by law.

"(g) (1) The President of the United States shall appoint a Commissioner of the District to be the President of the Board of Commissioners at the time of his appointment or election and thereafter whenever a vacancy occurs in the office of President of the Board.

"(2) Any two of the Commissioners of the District, sitting as a board, shall constitute a quorum for the transaction of business.

"(h) A Commissioner may be removed by the President of the United States for neglect of duty or malfeasance in office or when found guilty of a felony or condition involving moral turpitude.

"(i) The President of the United States may detail from the Corps of Engineers of the United States Army not more than three officers to assist the Commissioners of the District in the discharge of their duties.

"(j) No Commissioner or any officer of the District of Columbia shall be accepted as surety upon any bond required to be given to the District of Columbia, nor shall any contractor be accepted as surety for any officer or other contractor in the District of Columbia.

"(k) The Commissioners may determine which officers and employees of the government of the District of Columbia (other than officers and employees of the government of the District of Columbia who receive, disburse, account for, or otherwise are responsible for the handling of, money and whose bonds are fixed by other provisions of law) shall be required to give or renew bond for the faithful discharge of their duties and to fix the penalty of such bond. The provisions of section 14 of title 6, United States Code, relating to rates of pre

miums for bonds for officers and employees of the United States shall apply to the rates of premiums for bonds of officers and employees of the government of the District of Columbia."

SEC. 202. The following provisions of law are repealed:

(1) Section 2 and 3 of the Act of July 25, 1958 (D.C. Code secs. 1-204a, 1-204b).

(2) The joint resolution of December 24, 1890 (D.C. Code sec. 1-211).

SEC. 203. The amendments made by section 201 and 202 shall take effect on the date on which the two Commissioners first appointed under section 2 of the Act of June 11, 1878 (as amended by section 201) take office, except that before such date the President may appoint two Commissioners under the provisions of such section 2 (as amended by section 201) who shall take office on such date. The term of office of the Commissioners of the District of Columbia appointed from civil life who hold office on that date shall terminate at noon on such date.

TITLE III-DUTIES OF THE BOARD OF COMMISSIONERS

SEC. 301. The executive power of the District shall be vested in the Board of Commissioners.

SEC. 302. The Board of Commissioners shall, through the Managing Director, supervise and direct the activities of the departments, boards, agencies, and offices of the government of the District, except the courts thereof.

SEC. 303. The Board of Commissioners may establish in the government of the District so many departments, boards, agencies, and offices, with such names or titles, as they shall from time to time determine. The said departments, boards, agencies, and offices shall be filled by appointment of the Managing Director, subject to the approval of the Board of Commissioners. Each officer so appointed shall perform the functions delegated or otherwise assigned to him by the Managing Director, subject to the approval of the Board of Commissioners, and shall receive compensation to be fixed in accordance with the classification laws as amended from time to time.

SEC. 304. The Board of Commissioners may abolish any department, board, agency, or office or consolidate two or more departments, boards, agencies, or offices within the government of the District.

SEC. 305. The President of the Board of Commissioners shall act as the official spokesman for the District and as the head of the District for ceremonial purposes. He shall designate one of the other Commissioners to perform such duties during periods of disability or absence from the District.

TITLE IV-DEPARTMENT OF MANAGEMENT

SEC. 401. There shall be established within the government of the District a Department of Management under the direction and control of the Board of Commissioners. The Department shall be headed by a Managing Director who shall be appointed by the Board of Commissioners, and who shall receive compensation at the rate prescribed in section 5316 of title 5, United States Code, for positions at level V of the Executive Schedule.

SEC. 402. Subject to the supervision of the Board of Commissioners, the Managing Director shall

(1) supervise and direct the activities of the departments, boards, offices, and agencies of the government of the District, except the courts thereof; (2) administer, subject to the applicable provisions of Acts of Congress and Executive Order 5491 of November 18, 1930, all laws relating to the appointment, promotion, discipline, separation, and other conditions of employment of personnel in departments, boards, offices, and agencies of the government of the District;

(3) administer the personnel functions of the District covering employees of all District departments, boards, offices, and agencies. Personnel legislation enacted by Congress, prior to or after the effective date of this Act, including, without limitation, legislation relating to the appointments, promotions, discipline, separations, pay, unemployment compensation, health, disability and death benefits, leave, retirement, insurance and veterans' preference, applicable to employees of the government of the District, shall continue to be applicable until changed by legislation enacted by Congress,

(4) make appointments to and remove from those position within the departments, boards, offices, and agencies under his supervision which, prior

to the date of enactment of this Act, are authorized to be made by the Board of Commissioners or a Commissioner under existing law; and

(5) assume the powers, duties, and functions of the Director of General Administration, direct and control program planning and development, the management of resources, and the coordination and evaluation of program execution; and perform such other duties as may be assigned to him by the Board of Commissioners.

SEC. 403. There are hereby transferred to the Department of Management all functions of the Department of General Administration and the latter Department is hereby abolished.

SEC. 404. There shall be established the position of Deputy Managing Director for Program Development who shall be appointed by the Managing Director, subject to the approval of the Board of Commissioners, and who shall be paid at a rate equal to the rate for GS-18 of the General Schedule under section 5332 of title 5, United States Code. The Deputy Managing Director for Program Development shall, subject to the direction and control of the Managing Director, be responsible for (1) analyzing and evaluating plans prepared by other departments and agencies of the District of Federal Governments affecting the physical, economic, social and related needs and problems of the District; (2) conducting or coordinating research related to such needs and problems; (3) developing and recommending, in collaboration with the Deputy for General Administration, plans for major District-wide programs; (4) evaluating, in collaboration with the other two Deputy Managing Directors, the execution of programs by operating agencies to determine their progress and effectiveness in achieving program objectives; and (5) performing such other duties as may be assigned to him by the Managing Director.

SEC. 405. There shall be established the position of Deputy Managing Director for General Administration, who shall be appointed by the Managing Director, subject to the approval of the Board of Commissioners, and who shall be paid at a rate equal to the rate for GS-18 of the General Schedule under section 5332 of title 5, United States Code. The Deputy Managing Director for General Administration shall, subject to the direction and control of the Managing Director, be responsible for (1) developing and administering District-wide systems and procedures for acquisition and control of resources, including budgeting, accounting, personnel, internal audit, procurement and property management systems, and provision of central support services to District agencies; (2) analyzing, coordinating and recommending, in collaboration with the Deputy for Program Development and the operating agencies concerned, the requirements for and allocation of funds, manpower, material and other resources needed to support District programs and agencies; (3) administering a District-wide finance program including imposition of taxes, fees and assessments, collection, deposit and disbursement of funds, administration of pay and retirement systems, and supervision of related financial activities; (4) reviewing and analyzing, in collaboration with the Deputy for Program Development, organizations for achieving the most effective and economical operations and organization, including the utilization of resources; and (5) performing such other duties as may be assigned to him by the Managing Director.

SEC. 406. There shall be established the postion of Deputy Managing Director for Operations Review, who shall be appointed by the Managing Director, subject to the approval of the Board of Commissioners, and who shall be paid at a rate equal to the rate for GS-18 of the General Schedule under section 5332 of title 5, United States Code. The Deputy Managing Director for Operations Review shall, subject to the direction and control of the Managing Director, be responsible for (1) coordinating and scheduling multi-agency or multi-program activities for maximum compliance with policies and objectives; (2) reviewing and evaluating operations and programs as to conformance with objectives and schedules; (3) in collaboration with the other two Deputy Managing Directors and the operating agencies affected, planning and developing experimental, pilot, or multi-agency projects designed to carry out research, experimenting with new methods of delivery of services to the public, and testing new programs or services; (4) maintaining continuous review of the effectiveness of operating agency services to the public; and (5) performing such other duties as may be assigned to him by the Managing Director.

SEC. 407. The Deputy Managing Directors shall be subject to removal by the Managing Director.

SEC. 408. Subject to the approval of the Board of Commissioners, the Managing Director is authorized to make rules and regulations, prescribe penalties for the

violation of such rules and regulations, fix fees, and establish licensing requirements under authority of law now or hereafter conferred upon the Board of Commissioners or a Commissioner.

SEC. 409. The Managing Director is authorized to make from time to time such provisions as he deems appropriate to authorize performance of his functions by any other officer or employee of the government of the District, except the courts thereof.

TITLE V-REORGANIZATION

SEC. 501. All functions and authority vested in the President by the District of Columbia Alley Dwelling Act (D.C. Code, secs. 5-103-5-111) relating to the National Capital Housing Authority, are hereby transferred to and vested in the Board of Commissioners who shall, subject to its supervision, redelegate such authority to the Managing Director.

SEC. 502. (a) The District of Columbia Redevelopment Land Agency, a body corporate of perpetual duration, established by section 4 of the District of Columbia Redevelopment Act of 1945 (D.C. Code, sec. 5-703) is transferred to and continued in the government of the District.

(b) Section 4 (a) of such Act is amended to read as follows:

"(a) The District of Columbia Redevelopment Land Agency is established and shall be composed of five members who shall be appointed by the Board of Commissioners. Each appointee shall be a resident of the District and at least three members shall be engaged or employed during tenure of office in private business or industry or the private practice of a profession therein. Appointees shall serve at the pleasure of the Board of Commissioners. The members shall receive no salary as such, but those members who hold no other salaried public position shall be paid a per diem of $20 for each day of service at meetings or on the work of the Agency and may be reimbursed for any expenses legitimately incurred in the performance of such service or work."

SEC. 503. The Recreation Board and the Board of Library Trustees are abolished and these agencies shall be reestablished and operated within the government of the District as separate departments and each department shall be headed by an official appointed by the Managing Director, subject to the approval of the Board of Commissioners.

SEC. 504. Subsections (b) and (c) of section 2 of the National Capital Planning Act of 1952 (D.C. Code, sec. 1-1002), are amended to read as follows: "(b) The Commission shall be composed of—

"(1) ex officio, the Chief of Engineers of the Army, the Managing Director of the District of Columbia government or a person designated by him upon approval of the Board of Commissioners, the Director of the National Park Service, the Commissioner of Public Buildings, the Federal Highway Administrator, the chairmen of the Committees on the District of Columbia of the Senate and House of Representatives (either of which chairmen if unable to serve in person may designate another member of his committee to serve as a member of the Commission in his stead); and

"(2) five eminent citizens well qualified and experienced in city or regional planning, to be appointed by the Board of Commissioners of the District of Columbia, at least three of whom shall be bona fide residents of the District of Columbia or the environs.

The members of the Commission serving as such on the date immediately prior to the effective date of title V of the District of Columbia Reorganization Act shall continue to serve out their unexpired terms, and appointments authorized under paragraph (2) shall only be made to fill vacancies as they occur, except that such new appointments shall be made for terms of five years. Any member of the Commission appointed under paragraph (2) shall, upon expiration of his term, continue as a member until the appointment and qualification of his successor. Any person appointed to fill a vacancy shall be appointed only for the unexpired term of the member whom he shall succeed. The appointive members of the Commission shall receive no compensation as such, but shall be paid a per diem in lieu of subsistence and be reimbursed for the cost of travel when attending meetings of the Commission or engaged in investigations or other specific duties pertaining to its activities in accordance with applicable law.

"(c) The Board of Commissioners of the District of Columbia shall designate the Chairman of the Commission and the Commission may elect from among its members such other officers as it deems desirable. The Commission is authorized, subject to the approval of the Board of Commissioners of the District of Columbia, to employ a Director, an executive officer, and such other technical and administrative personnel as it may deem necessary. Further, without regard