majority of its members, and only one charter may be proposed. A copy of the proposed charter shall be transmitted to the President.

(b) (1) The Charter Board is authorized to prepare a charter which may vest in a District of Columbia government complete legislative power over all rightful subjects of legislation within the 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, and which may define and establish the relationship between such District of Columbia government and the Federal Government and its agencies and instrumentalities. The Congress reserves the right, at any time after the adoption of such a charter, to exercise its constitutional authority to amend in whatever fashion it chooses any charter written pursuant to this Act. Provisions of a charter may provide for subsequent amendment of the charter by the people of the District of Columbia. Such an amendment must be submitted in a referendum. However, such an amendment shall not take effect if disapproved by the President or the Congress in the manner provided by section 6.

(2) The President of the United States may disapprove any legislation enacted by a District of Columbia government established under a charter approved pursuant to this Act, but his positive assent is not needed for any such legislation to take effect.

(3) The Charter Board may also provide in the charter for jurisdiction by the District of Columbia government over the municipal courts of the District of Columbia.

APPROVAL OF CHARTER

SEC. 6. (a) A charter proposed by the Charter Board in accordance with section 5 shall be transmitted to the President. If the President approves the charter, he shall transmit it to the Congress. If he does not approve the charter, he shall return it to the Charter Board with such changes as he may recommend. The Charter Board shall promptly consider and report to the President on his recommendations. Within 45 days from the day when the President and the Charter Board concur on the charter, the President shall transmit it to the Congress. The delivery to both Houses shall be on the same day and shall be made to each House while it is in session.

(b) (1) Except as otherwise provided in paragraph (2) of this subsection, the District of Columbia Charter transmitted to Congress shall stand approved upon the expiration of ninety days following the date on which such charter is transmitted to Congress, unless between the date of transmittal and the expiration of such ninety-day period there has been approved by either of the two Houses of Congress a resolution stating that that House does not favor such charter.

(2) If before the expiration of such ninety-day period the Congress shall approve a concurrent resolution stating that the Congress approves charter, such charter shall stand approved on the date of approval of such resolution.

(3) For purposes of this subsection in the computation of the ninety-day period there shall be excluded the days on which either House is not in session because of adjournment of more than three days to a day certain or sine die.

(c) In the event there has been approved by either of the two Houses of Congress a resolution stating that that House does not favor the charter transmitted by the President, as provided in subsection (b)(1) of this section, the President may resubmit the charter to the Congress with such changes as he may deem appropriate, but each such resubmitted charter shall be subject to the procedures for approval or disapproval by the Congress as provided in subsection (b) of this section.

CHARTER REFERENDUM

SEC. 7. (a) The Board of Elections shall submit to referendum the charter which stands approved by the Congress under subsection (b) of section 6. Such referendum shall be conducted by the Board of Elections, on a day specified by it, not later than forty-five days after the President transmits the approved charter to the Board of Elections. The provisions of section 3 relating to the referendum conducted under that section shall be applicable to the referendum conducted under this section, except that (1) the registration period shall begin as soon as practicable after the transmission of the proposed charter to the Board of Elec

tions and (2) the voter information pamphlet shall consist of a copy of the proposed charter.

(b) The following proposition shall be submitted to the voters in the referendum:

"A proposed charter which would establish local self-government for the District of Columbia has been approved by the President and the Congress but, under the District of Columbia Charter Act, will take effect only if it is approved by a majority of the registered qualified voters of the District of Columbia voting in this referendum. Do you approve the charter?

(c) The Board of Elections shall certify the results of the referendum to the President, the Clerk of the House, and the Secretary of the Senate within fifteen days from the date of the referendum. In the event the charter is approved, it shall take effect upon the day following such certification.

DISSOLUTION OF CHARTER BOARD

SEC. 8. The Charter Board shall cease to exist seven months after the approval of the proposition submitted to referendum under section 3, unless the Board proposes a charter under section 5, in which case the Board shall cease to exist on the day after the day on which the referendum conducted under section 7 approves a charter.

SEC. 9. For purposes of this Act

DEFINITIONS

(1) the term "Charter Board" means the District of Columbia Charter Board established by section 4 of this Act;

(2) the term "District of Columbia Election Law" means the Act of August 12, 1955 (D.C. Code, sec. 1-1101 and the following);

(3) the term "Board of Elections" means the Board of Elections for the District of Columbia; and

(4) the term "qualified elector" has the same meaning as it has in section 2(2) of the District of Columbia Election Law (D.C. Code, sec. 1–1102(2)).

SELF-GOVERNMENT AND CHARTER REFERENDUM

COMMISSIONER AND DISTRICT COUNCIL

H.R. 12973, 92d Cong., 2d sess., by Mr. Smith of New York, on February 7, 1972 A BILL To provide self-government for the District of Columbia, and for other purposes

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "District of Columbia Self-Government Act of 1972".

SEC. 2. Subject to the retention by Congress of the ultimate legislative authority over the Nation's Capital which is granted by the Constitution, it is the intent of Congress to grant to the government of the District of Columbia, and its successors, the powers of local self-government; to reaffirm through such action the confidence of the Congress in the continuing validity of principles of local self-government; to promote among the inhabitants of the District the sense of responsibility for the development and well-being of their community which will result from the expansion of such powers of self-government; to provide for the more effective participation in the development of the District and in the solution of its local problems by those persons who are most closely concerned; and to relieve the National Legislature of the burden of legislating upon purely local District matters.

TITLE I-DEFINITIONS

DEFINITIONS

SEC. 101. For the purposes of this Act

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

(2) The term "District Council" means the Council of the District of Columbia established under Reorganization Plan Numbered 3 of 1967 or its duly constituted

successor.

(3) The term "Commissioner" means the Commissioner of the District of Columbia established under Reorganization Plan Numbered 3 or 1967 of his or her duly constituted successor.

(4) The term "qualified voter," except as otherwise specifically provided, shall have the same meaning as that provided for a "qualified elector" under paragraph (2) of section 2 of the District of Columbia Election Act (D.C. Code, sec. 1-1102).

(5) The term "act" includes any legislation adopted by the District Council, except where the term "Act" is used to refer to this Act or other Acts of Congress herein specified.

(6) The term "person" includes an individual, partnership, association, jointstock company, trust, or corporation.

(7) The term "capital project", or "project", means (a) any physical public betterment or improvement and any preliminary studies and surveys relative thereto; (b) the acquisition of property of a permanent nature; or (c) the purchase of equipment for any public betterment or improvement when first erected or acquired.

(8) The term "pending", when applied to any capital project, means authorized but not yet completed.

(9) The term "Board of Elections" means the Board of Elections created by section 3 of the District of Columbia Election Act of 1955.

TITLE II-STATUS OF THE DISTRICT

EXISTING CORPORATION

SEC. 201. (a) All of the territory constituting the permanent seat of the Government of the United States shall continue to be designated as the District of Columbia. The District of Columbia shall remain and continue a body corporate.

as provided in section 2 of the Revised Statutes relating to said District. Said 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, or the Commissioner of the District of Columbia.

(b) No law or regulation which is in force on the effective date of this Act shall be deemed amended or repealed by this Act except to the extent specifically provided herein or to the extent that such law or regulation is inconsistent with this Act. 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) Nothing contained in this section shall affect the boundary line between the District of Columbia and the Commonwealth of Virginia as the same was established or may be subsequently established under the provisions of title I of the Act of October 31, 1945 (59 Stat. 552).

TITLE III-DELEGATION OF AUTHORITY

PRINCIPAL FUNCTIONS OF DISTRICT COUNCIL

SEC. 302. (a) There is transferred to the District Council all legislative power over the District of Columbia which before the adoption of this Act was vested in the Congress. Except as provided in this Act, the legislative power of the District Council shall extend to any subject as to which Congress could exercise its authority as the legislature for the District, including

(1) the imposition of appropriate taxes and fees; and

(2) according to the provisions of section 302 of this Act, the creation of a new form of government for the District to exercise the powers granted to the District Government in existence on the date of enactment of this Act. (b) Except as provided in subsection (g) of this section the District Council may not pass any act contrary to the provisions of this Act, or

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

(2) authorize the issuance of bonds except in compliance with the provisions of title V of this Act;

(3) 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; or

(4) pass any act inconsistent with or contrary to the Act of June 6, 1924 (43 Stat. 463) (relating to the National Capital Planning Commission), or the Act of May 29, 1930 (46 Stat. 482) (relating to parks and parkways systems for the National Capital), or any provision of any other Act of Congress as it specifically pertains to any duty, authority, and responsibility of the National Capital Planning Commission.

For purposes of this subsection, the term "provisions of this Act does not include any amendment made by this Act.

(c) An act passed by the District Council (including a proposed plan for a new form of government) shall be presented by the District Council to the Commissioner who shall, within ten calendar days after the act is presented to him, either approve or disapprove such act. If the Commissioner shall approve such act, he shall indicate the same by affixing his signature thereto, and except as provided in subsection (d) of this section, such act shall become law. If the Commissioner shall disapprove such act, he shall, within ten calendar days after it is presented to him, return such act to the District Council setting forth his reasons for such disapproval. If any act so passed shall not be returned to the District Council by the Commissioner within ten calendar days after it shall have been presented to him, the Commissioner shall be deemed to have approved it, and except as provided in subsection (d) of this section, such act shall become law. If. within thirty calendar days after an act has been timely returned by the Commissioner to the District Council with his disapproval, two-thirds of the members of the District Council vote to repass such act, the act so repassed shall become law except as provided in subsection (d) of this section.

(d) After an act of the District Council has been either signed by the Commissioner, passed by the District Council over his veto, or after the tenth day after its passage by the District Council has passed without the signature of the Commissioner, such act and the report required by subsection (e) of this section shall be filed with the Clerk of the United States House of Representa

tives and the Secretary of the United States Senate. Such act shall take effect only if neither House of Congress adopts a resolution disapproving such act within sixty legislative days after it has been so filed with the Clerk and the Secretary.

(e) Along with each act of the District Council, the Commissioner shall file with the Clerk of the House of Representatives and the Secretary of the Senate, a report on such act which shall include

(1) a full and complete explanation of the purpose of the act and an analysis of its provisions;

(2) a textual showing of any changes in existing law affected by the act; (3) the views of the members of the District Council voting against the act, if they so desire;

(4) if vetoed by the Commissioner, his reasons for such veto; and

(5) such budgetary information as is prescribed in subsection (f) of this section. (f) The report accompanying each act of the District Council filed according to this section shall contain

(1) an estimate, made by the District Council, of the costs which would be incurred in carrying out such act in the fiscal year in which it is reported and in each of the five fiscal years following such fiscal year (or for the authorized duration of any program authorized by such act, if less than five years), except that, in the case of measures affecting the revenues, such reports shall require only an estimate of the gain or loss in revenues for a one-year period; and

(2) a comparison of the estimate of costs described in subparagraph (1) made by the District Council with any estimate of costs made by any District of Columbia agency; or

(3) in lieu of such estimate or comparison, or both, a statement of the reasons why compliance by the District Council with the requirements of subparagraph (1) or (2), or both, is impracticable.

(g) The procedure specified in this section relating to the enactment of legislation by the District Council may be amended or replaced by the District Council at any time on and after the date of enactment of this Act.

(h) The Congress of the United States reserves the right, at any time, to exercise its constitutional authority as legislature for the District of Columbia, by enacting legislation for the District on any subject, whether within or without the scope of legislative power granted to the District Council by this Act, including, without limitation, legislation to amend or repeal any law in force in the District prior to or after enactment of this Act and any act passed by the District Council.

NEW FORM OF GOVERNMENT; REFERENDUM

SEC. 302. (a) The District Council may propose a new form of government for the District by approving a plan for such new government by majority vote of the District Council. Such plan shall not take effect unless and until it shall have been approved by a majority of the registered qualified voters in the District voting in a referendum held for the purpose of approving such plan and conducted in accordance with this section.

(b) On a date fixed by the Board of Elections, not more than one hundred and twenty days, nor less than ninety days after the adoption of the proposed plan for a new form of government by the District Council, the Board shall conduct a referendum (hereinafter referred to as the "charter referendum") in the District to determine whether the qualified voters in the District accept such proposed government.

(c) The charter referendum ballot shall contain the following, with a blank space appropriately filled:

"The District of Columbia Charter, enacted

proposes to establish

a new charter for the District of Columbia, but provides that the charter shall take effect only if it is accepted by the registered qualified voters of the District in this referendum.

"By marking a cross (X) in one of the squares provided below, show whether you are for or against the charter.

For the charter

Against the charter".