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D.C. REORGANIZATION PROPOSALS

TUESDAY, JUNE 27, 1967

HOUSE OF REPRESENTATIVES,
COMMITTEE ON THE DISTRICT OF COLUMBIA,

SUBCOMMITTEE No. 1,

Washington, D.C. The Subcommittee met, pursuant to call, at 10:00 a.m., in Room 1310, Longworth House Office Building, the Hon. Thomas G. Abernethy (Chairman of the Subcommittee), presiding.

Present: Representatives McMillan (Chairman of the Full Committee), Abernethy (Chairman of the Subcommittee), Jacobs, Nelsen, Mathias, Broyhill, and Winn, of the subcommittee. Also Representatives Multer, Adams, Horton, and Gude.

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

Mr. ABERNETHY. This Subcommittee has convened this morning for the purpose of taking testimony and hearing witnesses on H.R. 10521 by Mr. Nelsen, as well as for the purpose of hearing views on the subject matter of the reorganization of the District Government.

(H.R. 10521 follows:)

(H.R. 10521, 90TH CONGRESS, 1st SESSION) A BILL Providing for the reorganization of the government of the District of Columbia

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

TITLE I-GENERAL PROVISIONS SEC, 101. For purposes of this Act, the term "Corporation" means the municipal corporation known as the District of Columbia.

SEC. 102. Any reference in this Act to a provision of the United States Code or the District of Columbia Code that has not been codified and enacted into law as a part of such Code by an Act of Congress is a reference to the provision of statutory law which has been published as such vision of such Code under section 202 of title 1, United States Code.

TITLE 11-DISTRICT OF COLUMBIA COUNCIL Sec. 201. (a) There is hereby established in the Corporation a Council which shall be known as the “District of Columbia Council” (hereinafter in this Act referred to as the "Council").

(b) The Council shall be composed of a Chairman of the Council, a Vice Chairman of the Council, and seven other members, all of whom shall be appointed by the President of the United States, by and with the advice and consent of the Senate. At the time of his appointment each member of the Council shall be a citizen of the United States, shall have been an actual resident of the District of Columbia for three years next preceding his apopintment, and shall during that period have claimed residence nowhere else. The Council shall be nonpartisan and no more than six of its members shall be adherents of any one political party.

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entering upon the discharge of his duties the Commissioner shall take an oath or affirmation to support the Constitution of the United States and faithfully discharge the duties imposed upon him as Commissioner. The Commissioner shall receive compensation at the rate provided for level III of the Executive Schedule under section 5314 of title 5, United States Code. Whenever both a Commissioner and an Assistant Commissioner appointed under section 302 of this title are in office at least one of them shall have been an actual resident of the District of Columbia for three years next preceding his appointment and have during that period claimed residence nowhere else. Both the Commissioner and the Assistant to the Commissioner shall reside in the District of Columbia during the time each holds office.

(c) The first appointment of a Commissioner under this Act shall be for a term expiring on February 1, 1969, and thereafter each appointment shall be made for a term of four years. Any appointment made to fill a vacancy in the office shall be made only for the unexpired balance of the term. A Commissioner may continue to serve as such after the expiration of his term of office until his successor is appointed and qualifies. The Commissioner is subject to removal by the President of the United States.

(d) The President may from time to time (1) designate officials of the Corporation (including the Chairman, the Vice Chairman, and the other members of the Council provided for in title II of this Act if the President so elects) to act as Commissioner during the absence or disability of the Commissioner or in the event of a vacancy in the office of Commissioner, and (2) prescribe the order of succession in which the officials so designated shall so act.

Sec. 302. There is hereby established in the Corporation a new office which shall have the title "Assistant to the Commissioner of the District of Columbia". Such assistant (1) shall be appointed by the President of the United States by and with the advice and consent of the Senate, (2) shall receive compensation at the rate provided for level V of the Executive Schedule under section 5316 of title 5, United States Code, and (3) shall assist the Commissioner as the Commissioner may direct in connection with the carrying out of the functions of the Commissioner.

Sec. 303. There are hereby established in the Corporation so many agencies and offices, with such names or titles, as the Commissioner shall from time to time determine. Such offices shall be filled by appointment by, or under the authority of, the Commissioner. Each officer so appointed shall perform the functions delegated or otherwise assigned to him in pursuance of this Act and shall receive compensation to be fixed in accordance with the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification and General Schedule pay rates.

Sec. 304. With respect to personnel, property, records, and unexpended balances of appropriations, allocations, and other funds, available or to be made available, relating to functions trnsferred by the provisions of this Act, the Commissioner may from time to time effect such transfers between the agencies of the Corporation (including transfers between the Commissioner and any other agency of the Corporation) as he may deem necessary in order to carry out the provisions of this Act.

SEC. 305. The Commissioner is hereby authorized to make from time to time such provisions as he deems appropriate to authorize performance of his functions by any other officer, or by any employee or agency, of the Corporation, except the courts thereof.

TITLE IV-TRANSFERS OF FUNCTIONS SEC. 401. Except as otherwise provided in this Act, all functions of the Board of Commissioners of the District of Columbia, including all functions of the President of that Board and all functions of each other member of that Boa and including also the executive power vested in that Board, are hereby transferred to the Commissioner of the District of Columbia.

SEC. 402. Subject to the provisions of section 406 of this title, the following regulatory and other functions now vested in the Board of Commissioners of the District of Columbia are hereby transferred to the Council:

General Provisions (1) Making and modifying police regulations under District of Columbia Code, section 1-224 (including the prescribing of penalties under paragraph "Eleventh" thereof).

(2) Prescribing penalties under District of Columbia Code, section 1-224a.

(3) Making and modifying regulations to regulate the keeping and leashing of dogs, and to regulate or prohibit the running at large of dogs, including penalties for violations of such regulations, under District of Columbia Code, section 1-224b.

(4) Making regulations under District of Columbia Code, sections 1-226 and 1-227.

(5) Making building regulations under District of Columbia Code, section 1-228.

(6) Making and publishing such orders as may be necessary to regulate the construction, repair and operation of elevators and prescribing such means of security as may be found necessary to protect life and limb under District of Columbia Code, section 1-229.

(7) Issuing proclamations related to the control of rabies under District of Columbia Code, section 1-230.

(8) Making regulations relating to outdoor signs and other forms of exterior advertising under District of Columbia Code, section 1-231.

(9) With respect to the functions transferred to the Council by the provisions of this reorganization plan, (i) making investigations or examinations of municipal matters, and (ii) administering oaths to witnesses, under District of Columbia Code, section 1-237.

(10) Reporting annually to the Congress concerning the functions transferred to the Council by the provisions of this reorganization plan under District of Columbia Code, section 1-238.

(11) Making regulations to provide for the waiver of payment of fees (by persons in the military service of the United States) under District of Columbia Code, section 1-244(a).

(12) Making and adopting regulations relating to the furnishing and keeping in force a bond by persons, firms, or corporations engaged in the business of plumbing or gas fitting, or of installing, maintaining, or repairing heating, ventilating, air conditioning, or mechanical refrigerating apparatus, equipment, appliances, systems, or parts thereof, or of installing, maintaining, or repairing apparatus, equipment, fixtures, appliances, or wiring, using or conducting electric current under District of Columbia Code, section 1-244 (b).

(13) Prescribing regulations for the examination of the qualifications and fitness of applicants for licenses to engage in the business referred to in the immediately preceding paragraph hereof under District of Columbia Code, section 1–244 (b).

(14) Naming highways and naming and renaming circles, bridges, buildings, or other public places or properties under District of Columbia Code, section 1-244(f).

(15) Prescribing penalties under District of Columbia Code, section 1-244(h).

(16) Fixing and changing periods for which licenses, certificates, or registrations may be issued under District of Columbia Code, section 1-257.

(17) Prescribing regulations relating to holidays for District of Columbia employees under District of Columbia Code, section 1–260.

(18) The reception and entertainment of officials of foreign, State, local, or Federal governments and other dignitaries and eminent persons visiting in or returning to the District of Columbia under District of Columbia Code, section 1-262

(19) Prescribing penalties under District of Columbia Code, section 1–264. (20) Prescribing rules and regulations relating to notaries public under District of Columbia Code, section 1-501.

(21) Making and publishing general orders regulating the platting and subdividing of lands and grounds under District of Columbia Code, section 1-613.

(22) Prescribing a schedule of fees for surveyor's services under District of Columbia Code, section 1-629.

(23) Exempting certain boilers from provision prohibiting using steam boilers without first obtaining certificate of inspection under District of Columbia Code, section 1-705.

(24) Making regulations to carry out the provisions of the Act of June 23, 1936 under section 14 of that Act (D.C. Code, sec. 1-715).

(25) Making rules and regulations respecting the production, use, and control of electricity, and prescribing fees, under District of Columbia Code, section 1-719.

(26) Making and modifying regulations governing plumbing, house drainage, and sewers, and making and modifying regulations governing the examination,

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