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AMENDMENT OF BUDGET AND ACCOUNTING ACT

SEC. 602. Section 2 of the Budget and Accounting Act, 1921 (31 U.S.C. 2), is hereby amended by striking out "and the municipal government of the District of Columbia".

ADJUSTMENT OF FEDERAL AND DISTRICT EXPENSES

SEC. 603. Subject to section 701 of this Act and other provisions of law, the Commissioner, with the approval of the District Council and the Director of the Office of Management and Budget, is authorized and empowered to enter into an agreement or agreements concerning the manner and method by which amounts owed by the District to the United States, or by the United States to the District, shall be ascertained and paid.

ANNUAL FEDERAL PAYMENT TO THE DISTRICT

SEC. 604. (a) In recognition of the unique character of the District of Columbia as the Nation's Capital City, regular annual payments by the Federal Government are hereby authorized to cover the proper share of the expenses of the District government. On or before January 10 of each year, the Commissioner shall, with the approval of the District Council, submit to the Secretary of the Treasury through the Administrator of General Services a request for a Federal payment to be made during the following fiscal year, and the amount of such payment shall be computed in accordance with this part.

(b) The Federal payment for each fiscal year shall be determined on the basis of a percentage of the amount of District of Columbia fees, miscellaneous receipts, and tax revenues which the Commissioner estimates will be credited to the general fund of the District during such fiscal year as follows:

(1) For the fiscal year ending June 30, 1973, such amount shall be an amount equal to 32 per centum of such fees, receipts, and revenues so estimated for that fiscal year;

(2) For the fiscal year ending June 30, 1974, such payment shall be an amount equal to 34 per centum of such fees, receipts, and revenues so estimated for that fiscal year;

(3) For the fiscal year ending June 30, 1975, such payment shall be an amount equal to 36 per centum of such fees, receipts, and revenues so estimated for that fiscal year;

(4) For the fiscal year ending June 30, 1976, such payment shall be an amount equal to 38 per centum of such fees, receipts, and revenues so estimated for that fiscal year; and

(5) For the fiscal year ending June 30, 1977, and for each fiscal year thereafter, such payment shall be an amount equal to 40 per centum of such fees, receipts, and revenues so estimated for such fiscal year.

(c) Commencing with the fiscal year ending June 30, 1973, the amount of the Federal payment for any fiscal year shall be adjusted by an amount equal to the difference between (1) the Federal payment made for such fiscal year and (2) the per centum in effect for that fiscal year times such fees, miscellaneous receipts, and tax revenues actually credited to the general fund during such fiscal year. (d) After review by the Administrator of General Services of the request for Federal payment and certification by him on or before April 10 of the fiscal year preceding the fiscal year for which the annual Federal payment is being requested that such request is in conformity with the provisions of this part, the Secretary of the Treasury shall, not later than September 1 of each fiscal year, cause such payment to be made to the District out of any money in the Treasury not otherwise appropriated, and the Secretary of the Treasury is authorized to advance on or after July 1, out of any money in the Treasury not otherwise appropriated, without interest, such amounts (not to exceed in the aggregate the total payment in the previous fiscal year) as may be required by the District pending the payment of the amount authorized by this section.

(e) The Administrator of General Services shall enter into cooperative arrangements with the Commissioner whereby adjustments, disputes, differences, or disagreements involving the Federal payment may be resolved.

TITLE VII-MISCELLANEOUS

AGREEMENTS WITH THE UNITED STATES

SEC. 701. (a) For the purpose of preventing duplication of effort or for the purpose 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 an agreemnt (1) negotiated by the Federal and District authorities concerned, and (2) approved by the Director of the Office of Management and Budget and by the Commissioner, with the approval of the District Council. Each such agreement 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 agreement negotiated and approved pursuant to subsection (a), any District officer or agency may in the agreemnt delegate any of his or its functions to any Federal officer or agency, and any Federal officer or agency may in the agreement 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 cost to each Federal officer and agency in furnishing services to the District pursuant to any such agreement shall be paid, in accordance with the terms of the agreement, 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 agreement shall be paid, in accordance with the terms of the agreement, out of appropriations made by the Congress or other funds available to the Federal officers and agencies to which such services are furnished.

PERSONAL INTEREST IN CONTRACTS OR TRANSACTIONS

SEC. 702. Any officer or employee of the District who is convicted of a violation of section 208 of title 18, United States Code, shall forfeit his office or position.

COMPENSATION FROM MORE THAN ONE SOURCE

SEC. 703. (a) No person shall be ineligible to serve or to receive compensation as a member of the District Council, 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 such Board, if such service does not interfere with the discharge of his duties in such other office or position.

EFFECTIVE DATE

SEC. 704. This Act shall take effect on the sixtieth day following the date of enactment of this Act.

REFERENDUM AND STATEHOOD FOR THE DISTRICT OF

COLUMBIA

H.R. 9197, 92d Cong., 1st sess., by Mr. Schwengel, on June 16, 1971.

A BILL To authorize and direct the Commissioner of the District of Columbia to conduct a referendum on the question of statehood for the District, and for other purposes

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Commissioner of the District of Columbia is authorized and directed to conduct in the District of Columbia, within ninety days after the date of enactment of this Act, a referendum which shall present to the electors of the District of Columbia the following propositions for rejection or adoption :

"(1) Shall the District of Columbia immediately be admitted to the Union as a State, to be known as the State of Columbia?"

"(2) The boundaries of the State of Columbia shall be the same as the boundaries of the District of Columbia as such boundaries are established on the date of enactment of this Act, and all claims of the District of Columbia to any land or sea outside the boundaries so prescribed are hereby irrevocably relinquished to the United States."

(b) The Commissioner shall certify the results of such referendum to the Secretary of the Senate and to the Clerk of the United States House of Representatives. In the event each of the foregoing propositions are adopted by a majority of the votes cast in such referendum, and upon approval by the Congress of the constitution for the State of Columbia, such State shall be admitted to the Union on an equal footing with the other States.

SEC. 2. (a) In the event each of the propositions specified in the first section of this Act are adopted by a majority of the legal votes cast in the referendum authorized under such first section, the Commissioner shall (within ten days after the date on which such referendum is held) issue a proclamation for an election of delegates to a constitutional convention for the District of Columbia. Such election shall be held within one hundred and eighty days after the date of the referendum held under the first section of this Act.

(b) Such convention shall write a constitution for the State of Columbia which shall always be republicant in form and shall not be repugnant to the Constitution of the United States and the principles of the Declaration of Independence.

(c) Upon completion of the writing of such constitution the Commissioner is authorized to take whatever steps are appropriate and necessary to submit such constitution to the electors of the District of Columbia for adoption or rejection. In the event such constitution is adopted by a majority of the legal votes cast in a referendum held for that purpose the constitution for the State of Columbia shall be submitted to the Congress of the United States for its approval or rejection.

SEC. 3. (a) The constitutional convention authorized by this Act shall consist of eighty-one delegates elected at large from among the residents of the District of Columbia.

(b) Delegates to the constitutional convention shall have the same qualifications as the candidates for Delegate from the District of Columbia to the House of Representatives.

(c) Electors for the election to select delegates to the constitutional convention, and for all other elections or referendums authorized under this Act shall have the same qualifications as electors of the Delegate from the District of Columbia to the House of Representatives.

SEC. 4. (a) In the event each of the propositions specified in the first section of this Act is adopted by a majority of the legal votes cast in the referendum

authorized under such first section, the President shall appoint an advisory commission to be known as the State of Columbia Advisory Commission (hereafter referred to as the "Commission") to conduct a full and complete study of the necessary and appropriate legislative or administrative actions that must be taken in order to facilitate the transfer of authority over the District of Columbia from the Federal Government to the government of the State of Columbia.

(b) The Commission shall consist of nine members chosen by the President according to the following criteria:

(1) two members shall be appointed who are Senators, not more than one of whom shall be from the same political party;

(2) two members shall be appointed from the Members of the House of Representatives, not more than one of whom shall be from the same party; (3) the Secretary of the Treasury, or his designee ;

(4) the Secretary of the Interior, or his designee ;

(5) three members shall be appointed who shall be citizens of the District of Columbia and who shall not be employees in any way of the Federal Government or of the government of the District of Columbia. (c) (1) Each member of the Commission who is otherwise employed by the Federal Government, or who is an officer of the Federal Government, shall serve on the Commission without compensation.

(2) Each member of the Commission who is not otherwise in the Government service shall be paid $75 for each day (including traveltime) during which they are engaged in the performance of duties vested in the Commission. Such member shall be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 (b) of title 5, United States Code, for person in the Government service employed intermittently.

(d) The Chairman of the Commission shall be selected by the members of the Commission.

(e) Five members of the Commission shall constitute a quorum.

(f) Members of the Commission shall be appointed for the life of the Commission. Any vacancy on the Commission shall be filled in the same manner in which the original appointment was made.

SEC. 5. (a) The Commission shall conduct a full and complete study into the necessary and appropriate legislative, administrative, or other actions which must be taken in order to efficiently and equitably transfer the authority of governing the District of Columbia from the Federal Government to the newly constituted State of Columbia. The Commission shall give special consideration to the relationship that should be developed between the State of Columbia and the Federal Government with respect to securing and maintaining the special Federal interest in the State.

(b) In carrying out its study under this Act the Commission is authorized and directed to consult with, and to obtain information, statistics, or other data from any Federal, District of Columbia, or State governmental agency, department, or instrumentality is authorized, upon request by the Commission, to furnish to the Commission any information, statistics, or other data (consistent with law) that is requested.

(c) As soon as practicable, and in no case later than the one hundred and eightieth day after the establishment of the Commission, the Commission shall submit its recommendations, based on findings arrived at as a result of its study, for the appropriate actions it deems necessary. Such final report shall be filed with the President, the Clerk of the House of Representatives, and the Secretary of the Senate. The Commission shall cease to exist on the tenth day after the date of its submission of its final report.

SEC. 6. (a) The Commission may, for the purpose of carrying out its responsibilities under this Act, hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence, as the Commission deems advisable.

(b) The Commission may appoint and fix the compensation of such personnel as it deems advisable. The staff of the Commission shall be appointed without regard to the provisions of title 5 of the United States Code governing appointments in the competitive service and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates.

H.R. 9599, 92d Cong., 1st sess., by Mr. Dellums, on July 6, 1971.

A BILL To authorize and direct the Commissioner of the District of Columbia to conduct an election for the purpose of a referendum on the question of statehood for the residents of the present District, election of delegates to a constitutional convention, and for other purposes

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Commissioner of the District of Columbia is authorized and directed to conduct for the residents of the present District of Columbia, within one hundred and twenty days after the date of enactment of this Act, an election which shall present to the duly qualified electors of the District of Columbia the following proposition for adoption or rejection, as well as a ballot pursuant to which such electors may elect, contingent upon the approval of such proposition by a majority of the legal votes cast therefor in such election, delegates to represent such electors at a constitutional convention:

"Shall that portion, as specified below, of the territory now known as the District of Columbia be admitted to the Union as a State, to be known as the State of Columbia? It is to be understood that the territory encompassed by the boundaries of the State of Columbia shall be the same boundaries as the boundaries of the District of Columbia, as presently constituted, except that a strip of land bounded by the Supreme Court and Library of Congress, the north side of Independence Avenue excluding the Department of Agriculture, 15th Street Southwest, the Tidal Basin and Jefferson Memorial, West Potomac Park, and Constitution Avenue, but to include the White House, Lafayette Square, the Executive Office Buildings, and the Capitol grounds and office buildings, shall be excluded from the State of Columbia and that hereafter this strip of land shall be known as the 'District of Columbia'."

SEC. 2. In the event that the proposition specified in the first section of this Act is adopted by a majority of the legal votes cast in the referendum, and upon subsequent approval by the electors of the petitioning State of Columbia of the constitution for the State of Columbia, and upon approval by the Congress of the constitution for the State of Columbia and its plea for admission as a State in the Union, such State shall be admitted to the Union on an equal footing with the other States and shall enjoy the same rights and privileges as all the other States.

SEC. 3. (a) Upon the approval of the proposition referred to in the first section of this Act, the Commissioner of the District of Columbia shall call a constitutional convention. The convention shall write a constitution for the State of Columbia which shall always be republican in form and shall not be repugnant to the Constitution of the United States and the principles of the Declaration of Independence.

(b) Upon completion of the writing of such constitution, the Commissioner is authorized to take whatever steps are appropriate and necessary to submit such constitution to the electors of the proposed State of Columbia for adoption or rejection. In the event such constitution is adopted by a majority of the legal votes cast in this referendum, the constitution for the State of Columbia shall be submitted to the Congress of the United States for its approval or rejection, along with a plea for admission as a State of the Union.

(c) The constitutional convention authorized by this Act shall consist of fiftyseven delegates selected in the following manner: five delegates elected at large; four delegates elected in each of the eight election wards; and twenty persons selected by the thirty-seven elected delegates, such selected persons to be allowed as participants in all deliberations and work of the convention but not to have a vote in the convention.

(d) The elected delegates to the constitutional convention shall have the same qualifications as the candidates for Delegate from the District of Columbia to the House of Representatives, and the twenty persons selected by the elected delegates shall have the same qualifications as those necessary to be an elector in the election provided for in the first section of this Act.

72-762-72- -3

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