playground system of the National Capital", approved June 6, 1924 (3) The Commissioner shall submit each District element of the comprehensive plan and any amendment thereto, to the Council for revision or modification, and adoption, by act, following public hearings. Following adoption and prior to implementation, the Council shall submit each such element or amendment to the Commission for review and comment with regard to the impact of such element or amendment on the interests or functions of the Federal Establishment in the National Capital. "(4) (A) The Commission shall, within sixty days after receipt of such a District element of the comprehensive plan, or amendment thereto, from the Council, certify to the Council whether such element or amendment has a negative impact on the interests or functions of the Federal Establishment in the National Capital. If within such sixty days the Commission takes no action with respect to such element or amendment, such element or amendment shall be deemed to have no such negative impact, and such element or amendment shall be incorporated into the comprehensive plan for the National Capital and shall be implemented. (B) If the Commission finds, within such sixty days, such negative impact, it shall certify its findings and recommendations with respect to such negative impact to the Council. Upon receipt of the Commission's findings and recommendations, the Council may "(i) reject such findings and recommendations and resubmit such element or amendment, in a modified form, to the Commission for reconsideration; or “(ii) accept such findings and recommendations and modify such element or amendment accordingly. 87 STAT. 780 66 Stat. 782; 76 Stat. 575. 40 USC 71a. Federal planning agency. 60 Stat. 718; 81 Stat. 275. D.C. Code 9118. 132. D.C. planning agency. Joint publi If the Council accepts such findings and recommendations and modifies such element or amendment under clause (ii), the Council shall submit such element or amendment to the Commission for it to determine whether such modification has been made in accordance with the Commission's findings and recommendations. If, within thirty days after receipt of the modified element or amendment, the Commission takes no action with respect to such element or amendment, it shall be deemed to have been modified in accordance with such findings or recommendations, and shall be incorporated into the comprehensive plan for the National Capital and shall be implemented. If within such thirty days, the Commission again determines such element or amendment to have a negative impact on the functions or interests of the Federal Establishment in the National Capital such element or amendment shall not be implemented. "(C) If the Council rejects the findings and recommendations of the Commission and resubmits a modified element or amendment to it under clause (i), the Commission shall, within sixty days after receipt of such modified element or amendment from the Council, determine whether such modified element or amendment has a negative impact on the interests or functions of the Federal Establishment within the National Capital. If the Commission finds such negative impact it shall certify its findings (in sufficient detail that the Council can understand the basis of the objection of the Commission) and recommendations to the Council, and such element or amendment shall not be implemented. If the Commission takes no action with respect to such modified element or amendment within such sixty days, such modified element or amendment shall be deemed to have no such negative impact and shall be incorporated into the comprehensive plan and it shall be implemented. Any element or amendment which the Commission has determined to have a negative impact on the Federal Establishment in the National Capital, and which is submitted again in a modified form not less than one year from the day it was last rejected by the Commission shall be deemed to be a new element or amendment for purposes of the review procedure specified in this section. "(D) The Commission and the Commissioner shall jointly publish, oation of plan. from time to time as appropriate, a comprehensive plan for the National Capital, consisting of the elements of the comprehensive plan for the Federal activities in the National Capital developed by the Commission, and the District elements developed by the Commissioner and the Council in accordance with the provisions of this section. Time limitation exten-. sion, authority. "(E) The Council may grant, upon request made to it by the Commission, an extension of any time limitation contained in this section. "(F) The Commission and the Commissioner shall jointly establish procedures for appropriate meaningful continuing consultation throughout the planning process for the National Capital. "(b) The National Capital Planning Commission shall be composed of "(1) ex officio, the Secretary of the Interior, the Secretary of Defense, the Administrator of the General Services Administration, the Commissioner, the Chairman of the District of Columbia Council, and the chairmen of the Committees on the District of Columbia of the Senate and the House of Representatives, or such alternates as each such person may from time to time designate to serve in his stead, and in addition, "(2) five citizens with experience in city or regional planning, three of whom shall be appointed by the President and two of whom shall be appointed by the Commissioner. The citizen mem bers appointed by the Commissioner shall be bona fide residents of the District of Columbia and of the three appointed by the President at least one shall be a bona fide resident of Virginia and at least one shall be a bona fide resident of Maryland. The terms of office of members appointed by the President shall be for six years, except that of the members first appointed, the President shall designate one to serve two years and one to serve four years. Members appointed by the Commissioner shall serve for four years. The members first appointed under this section shall assume their office on January 2, 1975. Any person appointed to fill a vacancy shall be appointed only for the unexpired term of the member whom he shall succeed. The citizen members shall each receive compensation at the rate of $100 for each day such member is engaged in the actual performance of duties vested in the Commission in addition to reimbursement for necessary expenses incurred by them in the performance of such duties.". (b) Subsection (e) of section 2 of such Act of June 6, 1924 (D.C. Code, sec. 1-1002(e)), is amended by (1) inserting "Federal activities in the" immediately before "National Capital" in clause (1); and (2) striking out "and District Governments," and inserting in lieu thereof "government" in clause (2). (c) Section 4 of such Act of June 6, 1924 (D.C. Code, sec. 1–1004), is amended as follows: (1) The first sentence of subsection (a) of such section is amended to read as follows: "The Commission is hereby charged with the duty of preparing and adopting a comprehensive, consistent, and coordinated plan for the National Capital, which plan shall include the Commission's recommendations or proposals for Federal developments or projects in the environs, and those District elements, or amendments thereto, of the comprehensive plan adopted by the Council and with respect to which the Commission has not determined a negative impact to exist, which elements or amendments shall be incorporated into such comprehensive plan without change.". (2) The third sentence of subsection (a) of such section is amended by striking out "within the District of Columbia" and "or District". (3) Subsections (b) and (c) of such section are repealed. 87 STAT. 782 66 Stat. 783. 40 USC 71a. 40 USC 71c. Repeals. (d) Section 5 of such Act of June 6, 1924 (D.C. Code, sec. 1-1005), 40 USC 71d. is amended as follows: (1) Subsection (c) of such section is amended to read as follows: "(e) The provisions of section 16 of the Act approved June 20, 1938 52 Stat. 802. (D.C. Code, sec. 5-428), are extended to include public buildings erected by any agency of the Government of the District of Columbia within the boundaries of the central area of the District, as such central area may be defined and from time to time redefined by concurrent action of the Commission and the Council, except that the Commission shall transmit its approval or disapproval respecting any such building within thirty days after the day it was submitted to the Commission.". (2) The first and second sentences of subsection (e) of such section are amended to read as follows: "It is the intent of this section to Federal obtain cooperation and correlation of effort between the various Government agencies of the Federal Government which are responsible for public agencies, developments and projects, including the acquisition of land. These cooperation. agencies, therefore, shall look to the Commission and utilize it as the central planning agency for the Federal activities in the National Capital region.". (e) Section 6 of such Act (D.C. Code, sec. 1–1006) is repealed. Repeal. (f) Section 7 of such Act (D.C. Code, sec. 1-1007) is amended to 66 Stat. 789. read as follows: 87 STAT. 783 Public works projects. Multiyear capital improvements plan, submittal to Commission. Post, p.800. 66 Stat. 790. 40 USC 71g. 52 Stat. 798. 48 Stat. 113; 53 Stat. 1409; 68 Stat. 665. Public employment service, 48 Stat114; 68 Stat. 665. 70 Stat. 910. "SEC. 7. (a) The Commission shall recommend a six-year program of public works projects for the Federal Government which it shall review annually with the agencies concerned. To this end, each Federal agency shall submit to the Commission in the first quarter of each fiscal year a copy of its advance program of capital improvements within the National Capital and its environs. "(b) The Commissioner shall submit to the Commission, by February 1 of each year, a copy of the multiyear capital improvements plan for the District developed by him under section 444 of the District of Columbia Self-Government and Governmental Reorganization Act. The Commission shall have thirty days within which to comment upon such plan but shall have no authority to change or disapprove of such plan.' (g) The first sentence of subsection (a) of section 8 of such Act of June 6, 1924 (D.C. Code, sec. 1–1008(a)), is amended to read as follows: "The Commission may make a report and recommendation to the Zoning Commission of the District of Columbia, as provided in section 5 of the Act of March 1, 1920 (D.C. Code, sec. 5-417), on proposed amendments of the zoning regulations and maps as to the relation, conformity, or consistency of such amendments with the comprehensive plan for the National Capital." DISTRICT OF COLUMBIA MANPOWER ADMINISTRATION SEC. 204. (a) All functions of the Secretary of Labor (hereafter in this section referred to as the "Secretary") under section 3 of the Act entitled "An Act to provide for the establishment of a national employment system and for cooperation with the States in the promotion of such system, and for other purposes", approved June 6, 1933 (29 U.S.C. 49-49k), with respect to the maintenance of a public employment service for the District, are transferred to the Commissioner. After the effective date of this transfer, the Secretary shall maintain with the District the same relationship with respect to a public employment service in the District, including the financing of such service, as he has with the States (with respect to a public employment service in the States) generally. (b) The Commissioner is authorized and directed to establish and administer a public employment service in the District and to that end he shall have all necessary powers to cooperate with the Secretary in the same manner as a State under the Act of June 6, 1933, specified in subsection (a). (c) (1) Section 3(a) of the Act entitled “An Act to provide for the establishment of a national employment system and for cooperation with the States in the promotion of such system, and for other purposes", approved June 6, 1933 (29 U.S.C. 49b (a)), is amended by striking out "to maintain a public employment service for the District of Columbia". (2) Section 3(b) of such Act (29 U.S.C. 49b (b)) is amended by inserting "the District of Columbia," immediately after "Guam,". (d) All functions of the Secretary and of the Director of Apprenticeship under the Act entitled "An Act to provide for voluntary apprenticeship in the District of Columbia", approved May 20, 1946 (D.C. 60 Stat. 2043 Code, secs. 36-121-36-133), are transferred to and shall be exercised by the Commissioner. The office of Director of Apprenticeship provided for in section 3 of such Act (D.C. Code, sec. 36-123) is abolished. 84 Stat.583. 5 USC 8101. (e) All functions of the Secretary under chapter 81 of title 5 of the United States Code, with respect to the processing of claims filed by employees of the government of the District for compensation for work injuries, are transferred to and shall be exercised by the Commissioner, effective the day after the day on which the District, establishes an independent personnel system or systems. 87 STAT. 784 (f) So much of the personnel, property, records, and unexpended Transfer of balances of appropriations, allocations, and other funds employed, property. held, used, available, or to be made available in connection with functions transferred to the Commisisoner by the provisions of this section, as the Director of the Federal Office of Management and Budget shall determine, are authorized to be transferred from the Secretary to the Commissioner. (g) Any employee in the competitive service of the United States transferred to the government of the District under the provisions of this section shall retain all the rights, benefits, and privileges pertaining thereto held prior to such transfer. When such an employee vacates the position into which he was transferred, such position shall no longer be a position in such competitive service. 50 Stat. 664. (h) The first section of the Act of August 16, 1937 (29 U.S.C. 50 et seq.) (relating to the welfare of apprentices), is amended by inserting at the end thereof "For the purposes of this Act the term 'State' "State." shall include the District of Columbia.”. TITLE III-DISTRICT CHARTER PREAMBLE, LEGISLA- DISTRICT CHARTER PREAMBLE SEC. 301. The charter for the District of Columbia set forth in title IV shall establish the means of governance of the District fol- Post, p. 785. lowing its acceptance by a majority of the registered qualified electors of the District voting thereon in the charter referendum held with respect thereto. LEGISLATIVE POWER SEC. 302. Except as provided in sections 601, 602, and 603, the legis- Post, pp. 813, lative power of the District shall extend to all rightful subjects of 814. legislation within the District consistent with the Constitution of the United States and the provisions of this Act subject to all the restrictions and limitations imposed upon the States by the tenth section of the first article of the Constitution of the United States. CHARTER AMENDING PROCEDURE SEC. 303. (a) The charter set forth in title IV (including any provision of law amended by such title), except sections 401 (a) and 421 (a), and part C of such title, may be amended by an act passed by the Council and ratified by a majority of the registered qualified electors of the District voting in the referendum held for such ratification. The Chairman of the Council shall submit all such acts to the Speaker of the House of Representatives and the President of the Senate on the day the Board of Elections certifies that such act was ratified by a majority of the registered qualified electors voting thereon in such referendum. (b) An amendment to the charter ratified by the registered qualified electors shall take effect only if within thirty-five calendar days. (excluding Saturdays, Sundays, holidays, and days on which either House of Congress is not in session) of the date such amendment was submitted to the Congress both Houses of Congress adopt a concurrent resolution, according to the procedures specified in section 604 of this Act, approving such amendment. |