PAYMENT FOR SERVICES RENDERED BY CIVIL SERVICE COMMISSION

SEC. 1322. The cost, as determined by the Civil Service Commission, of services (furnished after June 30, 1951) of the Commission in the administration of the retirement system on behalf of the government of the District shall be borne by such government in the manner prescribed by section 831.

TITLE XIV-MISCELLANEOUS

AGREEMENTS WITH UNITED STATES

SEC. 1401. (a) For the purpose of preventing duplication of effort or of otherwise promoting efficiency and economy, any Federal officer or agency may furnish services to the District government and any District officer or agency may furnish services to the Federal Government. Except where the terms and conditions governing the furnishing of such services are prescribed by other provisions of law, such services shall be furnished pursuant to a contract (1) negotiated by the Federal and District authorities concerned, and (2) approved by the Director of the Bureau of the Budget and by the District Manager. Each such contract shall provide that the cost of furnishing such services shall be borne in the manner provided in subsection (c) by the Government to which such services are furnished at rates or charges based on the actual cost of furnishing such services.

(b) For the purpose of carrying out any contract negotiated and approved pursuant to subsection (a), any District officer or agency may in the contract delegate any of his or its functions to any Federal officer or agency, and any Federal officer or agency may in the contract delegate any of his or its functions to any District officer or agency. Any function so delegated may be exercised in accordance with the terms of the delegation.

(c) The costs to each Federal officer and agency in furnishing services to the District pursuant to any such contract shall be paid, in accordance with the terms of the contract, out of appropriations made by the District Council to the District officers and agencies to which such services are furnished. The costs to each District officer and agency in furnishing services to the Federal Government pursuant to any such contract shall be paid, in accordance with the terms of the contract, out of appropriations made by the Congress to the Federal officers and agencies to which such services are furnished.

PERSONAL INTEREST IN CONTRACTS OR TRANSACTIONS

SEC. 1402. No member of the District Council and no other officer or employee of the District with power of discretion in the making of any contract to which the District is a party or in the sale to the District or to a contractor supplying the District of any land or rights or interests in any land, material, supplies, or services shall have a financial interest, direct or indirect, in such contract or sale. Any willful violation of this section shall constitute malfeasance in office, and any officer or employee of the District found guilty thereof shall thereby forfeit his office or position. Any violation of this section with the knowledge express or implied of the person contracting with the District shall render the contract voidable by the District Manager or the District Council.

SAINT ELIZABETHS HOSPITAL

SEC. 1403. (a) The cost, as determined by the Federal Security Administrator, of the care and support (after June 30, 1951) of any resident of the District (other than a resident who is a Federal prisoner) received by or committed to Saint Elizabeths Hospital shall be borne (in the manner provided by section 831) by the District.

(b) The cost, as determined by the Federal Security Administrator, of the care and support (after June 30, 1951) of any District prisoner received by or committed to Saint Elizabeths Hospital from any Federal penitentiary or from any other place of confinement shall be borne (in the manner provided by section 831) by the District.

(c) The cost of the care and support of any person received by or committed to Saint Elizabeths Hospital not required to be borne by the District under subsection (a) or (b) shall be borne by the United States.

(d) For the purposes of this section

(1) the term "resident of the District" means a person who has maintained his principal place of abode in the District for more than one year immedi

ately prior to the date upon which he was received by or committed to Saint Elizabeths Hospital;

(2) the term "District prisoner" means a person charged with or convicted of an offense under any law of the United States applicable exclusively to the District or under any legislative proposal or ordinance which has taken effect as law of the District; and

(3) the term "Federal prisoner" means a prisoner who is not a District prisoner.

REGISTER OF WILLS AND CLERK OF PROBATE COURT

SEC. 1404. (a) The register of wills and clerk of the Probate Court shall hereafter be known as the "clerk of the Probate Court." The clerk shall be appointed (and may at any time be removed) by the chief judge of the United States District Court for the District of Columbia. The incumbent holding the office of register of wills and clerk of the Probate Court on the date this section becomes effective shall remain in office until the chief judge of the United States District Court for the District of Columbia appoints a successor.

(b) Fees and emoluments hereafter received by the office of the register of wills and clerk of the Probate Court shall be paid at least weekly to the Director of the Department of Finance for deposit in the general fund of the District.

NATIONAL CAPITAL PARK AND PLANNING COMMISSION

SEC. 1405. (a) The ex officio members of the National Capital Park and Planning Commission shall consist of the Chief of Engineers, United States Army; the Director of the National Park Service, Department of the Interior; the Architect of the Capitol; the Federal Works Administrator; the Director of the Department of Public Works; the Director of the Department of Recreation; and a member of the District Council appointed by the Chairman with the approval of the District Council.

(b) There shall be two appointed members of the Commission in addition to the four appointed members heretofore provided for. Such additional members shall be appointed by the President, one upon the recommendation of the Governor of Maryland and one upon the recommendation of the Governor of Virginia. The members first appointed pursuant to this subsection shall continue in office for terms ending as designated by the President, one at the close of April 30, 1951, and one at the close of April 30, 1952. Their successors shall be appointed for terms of six years; except that a person appointed to fill a vacancy shall be appointed only for the unexpired term of the member whom he shall succeed.

(c) The function of preparing, developing, and maintaining a comprehensive, consistent, and coordinated plan for the National Capital and its environs shall be exercised by the Commission on behalf of the District government as well as the Federal Government, and no officer or agency of the District may exercise any function in conflict with such function of the Commission. The term "comprehensive plan", as used in section 2 of the Act of June 20, 1938, providing for the zoning of the District (D. C. Code, 1940 edition, sec. 5–414), shall mean the plan prepared, developed, and maintained by the Commission.

CERTAIN FUNCTIONS NOW ADMINISTERED BY FEDERAL AGENCIES

SEC. 1406. It is hereby declared to be the policy of the Congress that functions granted in the exercise of the power of Congress as legislature for the District which are of a character ordinarily administered, in other jurisdictions, by State, Territorial, or local agencies or officers, should be vested in officers or agencies of the District. In furtherance of this policy the District Council, from time to time and as soon as practicable, shall submit to the Congress recommendations providing for transfer to appropriate officers or agencies of the District of functions of the character above referred to which are being administered by Federal officers or agencies.

NATIONAL CAPITAL HOUSING AUTHORITY

SEC. 1407. (a) The National Capital Housing Authority created pursuant to the District of Columbia Alley Dwelling Act is hereby continued as an agency of the Federal Government.

(b) In addition to the duties heretofore imposed upon it, the National Capital Housing Authority shall have the following duties: (1) to submit periodically to the District Council reports of its activities in the District; (2) to furnish to the

District Council such information as the District Council may from time to time request; (3) to give formal consideration to such recommendations as the District Council may submit to it; and (4) before submitting any recommendation or report concerning proposed or pending legislation to the Congress or any committee or member thereof, to submit a copy of such report or recommendation to the District Council in order that the District Council may express its approval or disapproval thereof.

COMPENSATION FROM MORE THAN ONE SOURCE

SEC. 1408. (a) Except as provided in sections 302, 1104, and 1201 (f), no person shall be ineligible to serve or to receive compensation as a member of the District Council, the Board of Education, or the Board of Elections because he occupies another office or position or because he receives compensation (including retirement compensation) from another source.

(b) The right to another office or position or to compensation from another source otherwise secured to such a person under the laws of the United States shall not be abridged by the fact of his service or receipt of compensation as a member of the District Council or either such Board, if such service does not interfere with the discharge of his duties in such other office or position.

(c) For the purpose of sections 281 and 283 of title 18 of the United States Code, no person shall, by reason of membership on the District Council, the Board of Education, or the Board of Elections or by reason of his serving in any position in or under the government of the District of Columbia, be considered to be an officer or employee of the United States.

MISCELLANEOUS FEDERAL AGENCIES

SEC. 1409. The Temporary Home for Former Soldiers and Sailers, the National Capital Park and Planning Commission, and the National Guard of the District of Columbia shall be considered to be Federal agencies and appropriations for their support shall be made in the same manner as for other Federal agencies.

TITLE XV-SUCCESSION IN GOVERNMENT

TRANSFER OF PERSONNEL PROPERTY, AND FUNDS

SEC. 1501. (a) In each case of the transfer, by any provision of this Act, of functions to any agency or officer, there are hereby transferred (as of the time of such transfer of functions) to such agency or to the agency of which such officer is the head, for use in the administration of the functions of such agency or officer, the personnel (except the members of boards or commissions abolished by this Act), property, records, and unexpended balances of appropriations and other funds, which relate primarily to the functions so transferred.

(b) If any question arises in connection with the carrying out of subsection (a), such question shall be decided

(1) in the case of functions transferred from a Federal officer or agency, by the Director of the Bureau of the Budget;

(2) in the case of other functions (A) by the District Council, or in such manner as the District Council shall provide, if such functions are transferred to the District Council or to the Board of Education, and (B) by the District Manager if such functions are transferred to any other officer or agency. (c) Any of the personnel transferred to any agency by this section which the head of such agency shall find to be in excess of the personnel necessary for the administration of his or its functions shall, in accordance with law, be retransferred to other positions in the District or Federal Government or be separated from the service.

(d) No officer or employee shall, by reason of his transfer by this Act, be deprived of a civil-service status held by him prior to such transfer.

EXISTING STATUTES, REGULATIONS, AND SO FORTH

SEC. 1502. (a) Any statute, regulation, or other action in respect of (and any regulation or other action issued, made, taken, or granted by) any officer or agency from which any function is transferred by this Act shall, except to the extent modified or made inapplicable by or under authority of law, continue in effect as if such transfer had not been made; but after such transfer references in such

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statute, regulation, or other action to an officer or agency from which a transfer is made by this Act shall be held and considered to refer to the officer or agency to which the transfer is made.

(b) As used in subsection (a), the term "other action" includes any rule, order, contract, policy, determination, directive, grant, authorization, permit, requirement, or designation.

PENDING ACTIONS AND PROCEEDINGS

SEC. 1503. (a) No suit, action, or other judicial proceeding lawfully commenced by or against any officer or agency in his or its official capacity or in relation to the exercise of his or its official functions, shall abate by reason of the taking effect of any provision of this Act, but the court, unless it determines that the survival of such suit, action, or other proceeding is not necessary for purposes of settlement of the questions involved, shall allow the same to be maintained, with such substitutions as to parties as are appropriate.

(b) No administrative action or proceeding lawfully commenced shall abate solely by reason of the taking effect of any provision of this Act, but such action or proceeding shall be continued with such substitutions as to parties and officers or agencies as are appropriate.

VACANCIES RESULTING FROM ABOLITION OF BOARD OF COMMISSIONERS

SEC. 1504. Until July 1, 1950, no vacancy occurring in any District agency by reason of section 321, abolishing the Board of Commissioners, shall affect the power of the remaining members of such agency to exercise its functions, but such agency may take action only if a majority of the members holding office vote in favor of it.

TITLE XVI-SEPARABILITY OF PROVISIONS

SEPARABILITY OF PROVISIONS

SEC. 1601. If any provision of this Act or the application thereof to any person or circumstance is held invalid, the remainder of the Act and the application of such provision to other persons or circumstances shall not be affected thereby. TITLE XVII-TEMPORARY PROVISIONS

POWERS OF THE PRESIDENT DURING TRANSITION PERIOD

SEC. 1701. The President of the United States is hereby authorized and directed to take such action during the period following the date of the enactment of this Act and ending on the date of the first meeting of the District Council, by Executive order or otherwise, with respect to the administration of the functions of the District of Columbia government, as he deems necessary to enable the Charter Referendum Board and the Board of Elections properly to perform their functions under this Act.

REIMBURSABLE APPROPRIATION FOR THE DISTRICT FOR PERIOD ENDING
JUNE 30, 1950

SEC. 1702. (a) The sum of $500,000 is hereby authorized to be appropriated for the District of Columbia, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending June 30, 1950, for use (1) in paying the expenses of the Charter Referendum Board (including compensation of the members thereof), (2) in paying the expenses of the Board of Elections (including compensation of the members thereof), and (3) in otherwise carrying into effect the provisions of this Act.

(b) The full amount of expenditures out of the appropriations made under this authorization shall be reimbursed to the United States, without interest, during the fiscal year ending June 30, 1951, from the general fund of the District of Columbia.

TITLE XVIII-EFFECTIVE DATES

EFFECTIVE DATES

SEC. 1801. (a) As used in this title and title XIX, the term "charter" means titles I to XVI, both inclusive.

If

(b) The charter shall take effect only if accepted pursuant to title XIX. the charter is so accepted, it shall take effect on the day following the date on which it is accepted (as determined pursuant to section 1906), except that

(1) part 2 of title III, and sections 901, 910 (c), 913, 1102, 1103, and 1407 shall take effect April 1, 1950;

(2) section 504, title VIII (except part 3), title IX (except sections 901, 910 (c), and 913), title X, title XIII, and sections 1403, 1404, 1405, and 1406 shall take effect July 1, 1950;

(3) sections 502 and 503 shall take effect on the day after the day upon which the District Manager first appointed takes office;

(4) title VI and part 3 of title VIII shall be applicable only with respect to the fiscal year ending June 30, 1952, and each succeeding fiscal year.

(c) Titles XVII, XVIII, XIX, and XX shall take effect on the day following the date on which this Act is enacted.

TITLE XIX-SUBMISSION OF CHARTER FOR REFERENDUM

CHARTER REFERENDUM

SEC. 1901. (a) On November 15, 1949, a referendum (in this title referred to as the "charter referendum") shall be conducted to determine whether the registered qualified electors of the District of Columbia accept the charter.

(b) As used in this title, the term "qualified elector" means a person (1) who has a place of abode or has been domiciled in the District of Columbia continuously since November 15, 1948; (2) who is a citizen of the United States; (3) who is or will be on November 15, 1949, at least twenty-one years old; (4) who has never been convicted of a felony in the United States or, if he has been so convicted, has been pardoned; and (5) who is not mentally incompetent, as adjudged by a court of competent jurisdiction.

CHARTER REFERENDUM BOARD

SEC. 1902. (a) There is hereby created as an agency of the District of Columbia government a Charter Referendum Board, consisting of five members, as follows: (1) The President of the Board of Commissioners of the District of Columbia, and (2) four individuals who are not employees of such District, appointed by the President of the United States from among the qualified electors who reside and are domiciled in the District. No individual shall be so appointed unless he executes an affidavit that he resides and is domiciled in the District. The President of the United States shall designate the member who shall act as Chairman of the Board.

(b) The Charter Referendum Board shall

(1) prepare and maintain a registry;

(2) conduct the charter referendum provided for by section 1901;

(3) in addition to determining appeals with respect to matters referred to in sections 1903 and 1905, determine appeals with respect to any other matters which (under regulations prescribed by it under subsection (c)) may be appealed to it;

(4) print, distribute, and count ballots, or provide and operate suitable voting machines;

(5) divide the District of Columbia into appropriate voting precincts, each of which shall contain at least three hundred and fifty registered persons; (6) operate polling places;

(7) certify the result of the charter referendum; and

(8) perform such other functions as are imposed upon it by this title. (c) The Charter Referendum Board may prescribe such regulations, not inconsistent with the provisions of this title, as may be necessary or appropriate for the purposes of this title, including regulations providing for appeals to it on questions arising in connection with registrations and voting (in addition to matters referred to in sections 1903 and 1905) and for determination by it of appeals.

(d) The officers and agencies of the District of Columbia government shall furnish to the Charter Referendum Board, upon request of such Board, such space and facilities in public buildings in the District of Columbia to be used as registration or polling places, and such records, information, services, personnel, offices, and equipment, and such other assistance and facilities, as may be necessary to enable such Board properly to perform its functions.

(e) In the performance of its duties, the Charter Referendum Board shall not be subject to the authority of any nonjudicial officer of the District of Columbia.