District of Columbia Self-Government and Governmental Reorganization Act

(LATEST SUMMARY)

District of Columbia Self-Government and Governmental Reorganization Act - =Title I: Short Title, Purposes, and Definitions= - Declares it to be the intention of Congress, subject to the retention by Congress of the ultimate legislative authority over the Nation's Capital which is granted by the Constitution, to: (1) delegate legislative powers to the government of the District of Columbia; (2) authorize the election of local officials; (3) grant to the inhabitants of the District of Columbia powers of local self-government; (4) improve the governmental structure of the District of Columbia; and (5) relieve Congress of the burden of legislating, upon essentially local District matters.

Sets forth definitions of terms used in this Act.

=Title II: Governmental Reorganization= - Transfers the District of Columbia Redevelopment Land Agency to the District of Columbia Government. Provides that the National Capital Housing Authority shall be an agency of the District of Columbia Government. Establishes the National Capital Planning Commission as a Federal planning agency to review District plans affecting the Federal Establishment in the National Capital region. Transfers the Secretary of Labor's manpower service functions to the Commissioner of the District of Columbia.

=Title III: District Charter Preamble, Legislative Power, and Charter Amending Procedure= - States that the charter for the District of Columbia set forth in this Act shall establish the means of governing the District following its acceptance by a majority of the registered qualified electors. Sets forth provisions for amending the Charter.

=Title IV: The District Charter= - Establishes a 13 member Council of the District of Columbia, with a term of office of four years. Specifies the qualifications for holding office, and the compensation to be paid.

Vests all legislative powers of the District of Columbia (subject to specified Congressional retention) in the Council. Sets forth procedures and responsibilities of the Council and of the Chairman of the Council.

Establishes the Office of Mayor, and sets forth provisions for qualifications and compensation. Provides that all executive power of the District shall be vested in the Mayor. Provides that the Mayor shall be responsible for planning activities and the preparation of a plan for the District which may include: (1) land use elements, (2) urban renewal, and redevelopment elements, (3) a multiyear program of municipal public works for the District, and (4) physical, social, economic, transportation, and population elements.

Vests judicial power of the District in the District of Columbia Court of Appeals and the Superior Court of the District of Columbia. Establishes a District of Columbia Commission on Judicial Disabilities and Tenure, of nine members, which shall have the power to suspend, retire, or remove a judge of a District of Columbia court as provided in this Act. Prescribes the procedures for removal, suspension, and involuntary retirement of a judge of a District of Columbia Court.

Sets forth the procedures for nomination and appointment of judges. Directs the President to nominate, from the list of persons recommended to him by the District of Columbia Judicial Nomination Commission, and, by and with the advice and consent of the Senate, appoint all judges of the District of Columbia courts. Establishes the District of Columbia Judicial Nomination Commission and the criteria required for membership on such Commission.

Directs the Council to adopt a budget for each year, and sets forth appropriations, accounting, auditing, and borrowing measures to be followed. Directs the Mayor to include in the annual budget: (1) a multiyear plan for all agencies included in the District budget, for all sources of funding, and for such program categories as the Mayor identifies; and (2) a multiyear capital improvements plan for all agencies.

Requires the District of Columbia courts to prepare and annually submit to the Mayor estimates of the expenditures and appropriations necessary for the operations of the court system.

Provides that bonds, notes, and other obligations issued by the Council pursuant to this title and the interest thereon shall be exempt from District taxation except estate, inheritance, and gift taxes.

Creates the following independent agencies for the District of Columbia: Board of Elections, Zoning Commission, Public Service Commission, Armory Board, and Board of Education.

Provides procedures for recall of the Mayor, or any member of the Council of the Board of Education.

=Title V: Federal Payment= - Makes it the duty of the Mayor to develop intercity expenditure and revenue comparisons based on data supplied by the Bureau of the Census, and to identify elements of cost and benefits to the District which result from the usual role of the District as the Nation's Capital.

Authorizes to be appropriated as the annual Federal payment to the District for the fiscal year ending June 30, 1975, and for each fiscal year thereafter, the sum of $250,000,000.

=Title VI: Reservation of Congressional Authority= - Stipulates that the Council shall have no authority to: (1) impose taxes on property of the United States or the States; (2) lend the public credit for support of any private undertaking; (3) enact any Act, which concerns the functions or property of the United States or which is not restricted in its application exclusively in or to the District; (4) enact any Act, relating to organization and jurisdiction of the District of Columbia courts; (5) impose any tax on personal income of any individual not a resident of the District; (6) enact any Act which permits the building of any structure within the District of Columbia in excess of the height limitations contained in the Act of June 1, 1910; (7) enact any Act relating to the United States District Court for the District of Columbia or any other court of the United States in the District other than the District courts, or relating to the duties or powers of the United States attorney of the United States Marshal for the District of Columbia; or (8) enact any Act relating to criminal procedure or to crimes and treatment of prisoners.

Sets forth limitations on borrowing and spending. Prescribes procedures for Congressional action on specified District of Columbia matters.

=Title VII: Referendum; Succession in Government; Temporary Provisions; Miscellaneous; Amendments to District of Columbia Election Act; Rules of Construction; and Effective Dates= - Provides for a referendum within 5 months of enectment to determine whether the qualified electors of the District of Columbia accept the Charter (title IV).

Transfers the functions of specified existing government agencies to the Council. Provides for the continuance of pending actions and proceedings of defunct agencies.

Authorizes the President of the United States to take such action as necessary during the interim period to enable the Board of Elections properly to perform its functions under this Act. Authorizes the Secretary of the Treasury to advance to the District of Columbia the sum of $750,000 for use in paying the expenses of the Board of Elections and in carrying into effect the provisions of this Act.

States that, for the purpose of preventing duplication, 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.

Provides for an independent annual postaudit by the General Accounting Office.

Provides for advisory neighborhood councils to advise the District Government on matters of public policy.

Establishes, within the District of Columbia, the National Capitol Service Area which shall include the Principal Federal monuments, the White House, the Capitol Building, and the Federal executive, legislative, and judicial office buildings located adjacent to the Mall and the Capitol Building and other specified areas.

Establishes in the Executive Office of the President the National Service Director, to be appointed by the President, to assure that there is provided adequate police and fire protection, maintenance of streets and highways, and sanitation services in the service areas.

Directs the President to submit to the Congress a report on the feasibility of combining the Executive Protective Service, the United States Park Police within the National Capitol Service Area, and the United States Capitol Police and placing them under the National Capitol Service Director.

States that no person otherwise qualified to hold the office of member of the Council or Mayor shall be disqualified from being a candidate by reason of his employment in the competitive service of the United States. Provides that the people of the District of Columbia shall be represented in the Senate of the United States by a Delegate in accordance with the District of Columbia Election Act.

Makes conforming amendments to the District of Columbia Election Act concerning elections of the Mayor, the District Delegate, and the Council.

Sets forth the effective dates of the titles of this Act.