PART 2-RULES OF THE SENATE AND HOUSE

RULE-MAKING POWER OF SENATE AND HOUSE

SEC. 421. The provisions of this part are enacted by the Congress

(1) as an exercise of the rule-making power of the Senate and the House of Representatives, respectively, and as such they shall be considered as part of the rules of each House, respectively, and such rules shall supersede other rules only to the extent that they are inconsistent therewith; and

(2) with full recognition of the constitutional right of either House to change such rules (so far as relating to the procedure in such House) at any time, in the same manner and to the same extent as in the case of any other rules of such House.

RESOLUTIONS DISAPPROVING LEGISLATIVE PROPOSALS

SEC. 422. (a) As used in this part the term "resolution" means only a concurrent resolution of the two Houses of Congress which, in the case of any legislative proposal deposited with the Congress, states in substance that the Congress does not favor such legislative proposal.

(b) The members of the Senate Committee on the District of Columbia shall have authority at any time to report a resolution to the Senate, and the members of the House Committee on the District of Columbia shall have authority at any time to report a resolution to the House of Representatives.

(c) (1) When a resolution has been reported, it shall at any time thereafter be in order (even though a previous motion to the same effect has been disagreed tɔ) to move to proceed to the consideration of such resolution. Such motion shall be highly privileged and shall not be debatable. No amendment to such motion shall be in order and it shall not be in order to move to reconsider the vote by which such motion is agreed to or disagreed to.

(2) Debate on the resolution shall be limited to not to exceed six hours, which shall be equally divided between those favoring and, those opposing the resolution. A motion further to limit debate shall not be debatable. No amendment to, or motion to recommit, the resolution shall be in order, and it shall not be in order to move to reconsider the vote by which the resolution is agreed to or disagreed to.

(3) All motions to postpone consideration of a resolution, and all motions to proceed in the cocnsideration of other business, shall be decided without debate.

(4) All appeals from the decisions of the Chair relating to the application of the rule of the Senate or the House of Representatives, as the case may be, to the procedure relating to a resolution shall be decided without debate.

CONCURRENT RESOLUTIONS RECEIVED FROM OTHER HOUSE

SEC. 423. If, prior to the passage by one House of a resolution of that House with respect to a legislative proposal, such House receives from the other House a resolution with respect to the same legislative proposal, then

(a) If no resolution of the first House with respect to such legislative proposal has been referred to the District of Columbia Committee of that House, no other resolution with respect to the same legislative proposal may be reported by such committee.

(b) If a resolution of the first House with respect to such legislative proposal has been referred to the District of Columbia Committee of that House

(1) the procedure with respect to that or other concurrent resolutions of such House with respect to such legislative proposal which have been referred to the District of Columbia Committee of such House shall be the same as if no resolution from the other House with respect to such legislative proposal had been received; but

(2) on any vote on final passage of a resolution of the first House with respect to such legislative proposal, the resolution from the other House with respect to such legislative proposal shall be automatically substituted for the resolution of the first House.

TITLE V-THE DISTRICT MANAGER

APPOINTMENT, QUALIFICATIONS, AND SALARY

SEC. 501. The District Council shall appoint a District Manager who shall serve at the pleasure of the Council and who shall be chosen solely on the basis of his executive and administrative qualifications, with special reference to his experience in, or his knowledge of, the administration of the affairs of local government. No member of the District Council shall be appointed District Manager during the term for which he shall have been elected or appointed, nor within one year after the expiration of such term. The District Manager shall receive a salary at a rate to be fixed by the District Council by ordinance, and shall reside in the District during his tenure of office.

POWERS AND DUTIES

SEC. 502. (a) The District Manager shall be the chief executive officer of the District government. He shall be responsible to the District Council for the proper administration of the affairs of the District coming under his jurisdiction or control, and to that end shall have the following functions:

(1) Subject to the provisions of section 901 (f), Title XIII and section 1501 (d), he shall appoint, and may remove, personnel (other than members of boards and commissions) in the executive office of the District Manager and the executive departments of the District, and personnel to occupy positions formerly occupied by one or more members of the Board of Commissioners.

(2) He shall, through the heads of the several executive departments and agencies, supervise and direct the activities of such departments and agencies.

(3) He shall, at the end of each fiscal year, prepare reports for such year of (A) the finances of the District, and (B) the administrative activities of the executive office of the District Manager and the executive departments of the District. He shall submit such reports to the District Council as soon as possible thereafter.

(4) He shall keep the District Council advised of the financial condition and future needs of the District and make such recommendations to the District Council as may seem to him desirable.

(5) He may submit drafts of legislative proposals and ordinances to the District Council.

(6) He shall perform such other duties as the District Council, consistently with the provisions of this Act, may by ordinance or resolution direct.

(b) The District Manager may delegate any of his functions (other than the function of approving contracts between the District and the Federal Government under section 1401) to any officer, employee, or agency of the executive office of the District Manager, or to any director of an executive department.

ASSISTANTS TO THE DISTRICT MANAGER

SEC. 503. The District Council, by ordinance, shall (1) authorize the District Manager to appoint as many assistants to the District Manager as it deems necessary to assist him in the exercise of his functions, and (2) fix the compensation of each. Each assistant to the District Manager shall perform such duties as the District Manager may prescribe and shall serve at the pleasure of the District Manager.

EXECUTIVE OFFICE OF THE DISTRICT MANAGER

SEC. 504. (a) The functions of the following agencies of the District government are hereby transferred to the District Manager: The Purchasing Division, the Division of Services to Veterans and War Workers, the Office of Administrator of Rent Control, the Board of Parole, the Office of the Budget Officer (including the Personnel Unit), the Division of Printing and Publications, the Police and Firemen's Retiring and Relief Board, the Automobile Board, the Wage Board, and the trial boards of the Metropolitan Police force and the Fire Department. The functions of the Bureau of Federal Supply, in the Department of the Treasury, with respect to the purchase of material, supplies, and equipment for the District, are hereby transferred to the District Manager. For the

purposes of this subsection, the functions of an agency include (1) the functions of the head of such agency, and (2) the functions, if any, transferred to such agency or head by section 323.

(b) The agencies of the District government referred to in subsection (a) are hereby transferred to the executive office of the District Manager. Any vacancy occurring in any board transferred by this subsection (other than a vacancy occurring in an ex officio position) shall be filled by appointment by the District Manager. Any member of any such board (other than an ex officio member) may at any time be removed from his position as a member of such board by the District Manager.

(c) Whenever the District Manager deems it appropriate for the administration of his functions, he may

(1) reorganize or abolish any agency (other than a board) transferred to the executive office of the District Manager by subsection (b);

(2) create new agencies in the executive office of the District Manager, and reorganize or abolish any agency so created;

(3) abolish the office or position of any officer or employee (other than a member of a board) transferred to the executive office of the District Manager by section 1501; and

(4) create new offices and positions within the executive office of the District Manager, and abolish any office or position so created.

(d) The District Council may by ordinance reorganize or abolish any board transferred by subsection (b).

TITLE VI-THE DISTRICT BUDGET

FISCAL YEAR

SEC. 601. The fiscal year of the District of Columbia shall begin on the 1st day of July and shall end on the 30th day of June of the succeeding calendar year. Such fiscal year shall also constitute the budget and accounting year.

BUDGETARY DETAILS FIXED BY DISTRICT COUNCIL

SEC. 602. The District Council shall provide for (1) the preparation and submission of the annual budget of the District and budget message, (2) the form and contents of the budget and budget message, and (3) the manner and extent to which estimated revenues and proposed expenditures shall be classified and itemized.

ADOPTION OF BUDGET

SEC. 603. The District Council shall by resolution adopt the budget for each fiscal year not later than June 15, except that the District Council may, by resolution, extend the period for its adoption. The effective date of the budget shall be July 1 of the same calendar year.

BUDGET ESTABLISHES APPROPRIATIONS

SEC. 604. From the effective date of the budget, the several amounts stated therein as proposed expenditures shall be and become appropriated to the several objects and purposes therein named.

APPROPRIATIONS FOR EMERGENCY PURPOSES

SEC. 605. (a) Subject to the provisions of subsection (b), the District Council, when in its opinion there exists an emergency which threatens the health or safety of the people of the District, may by ordinance appropriate funds for the purpose of dealing with such emergency, to the extent unobligated funds are available; and for such purpose unobligated funds may include those borrowed in accoradnce with the provisions of section 721.

(b) An ordinance appropriating funds as provided in subsection (a) shall not be valid unless, at least forty-eight hours prior to its passage, the District Council shall have adopted a resolution declaring the existence and nature of such emergency and declaring that it is necessary to appropriate funds for the purpose of dealing with such emergency.

TITLE VII-BORROWING

PART 1-BORROWING FOR CAPITAL IMPROVEMENTS

BORROWING POWER; DEBT LIMITATION

SEC. 701. (a) The District may incur indebtedness by issuing its negotiable bonds to finance any capital project which it may lawfully construct or acquire. (b) The District shall at no time become indebted under this part to an amount in the aggregate exceeding 5 per centum of the assessed value of the taxable real property in the District according to the last general assessment previous to incurring debt.

REFERENDUM ON BOND ISSUE

SEC. 702. (a) Bonds shall be issued only when authorized by a law which has taken effect in the manner provided in subsection (b) of this section.

(b) In case of a law authorizing the issuance of bonds, the Board of Elections shall submit such law to the qualified electors for a referendum thereon at the first election which is held not less than thirty days after the date of enactment of such law. If a law so submitted is approved by a majority voting thereon, it shall take effect on the day following the day on which the Board of Elections certifics the result of the referendum.

(c) The Board of Elections is authorized to prescribe such regulations as may be necessary or appropriate to carry out the provisions of subsection (b) of this section.

CONTENTS OF BORROWING LEGISLATION

SEC. 703. A law authorizing the issuance of bonds for one or more capital projects shall contain at least the following provisions:

(1) A description of each project in brief and general terms sufficient for reasonable identification;

(2) A statement of the estimated maximum cost of each project;

(3) An appropriation for each project;

(4) To finance the project or projects, an authorization of a single bond issue in a stated amount; and

(5) A determination of the period of usefulness of each project, and (if the bond issue is for more than one project) the average period of usefulness of all the projects, taking into consideration the amount to be raised for each project by such bond issue.

MAXIMUM MATURITY OF BONDS

SEC. 704. (a) Bonds may be issued for terms not exceeding thirty years. Within such maximum period, (1) bonds issued to finance one capital project shall mature not later than the expiration of the period of usefulness stated in the law authorizing the issue, and (2) bonds issued to finance more than one capital project shall mature not later than the expiration of the average period of usefulness stated in the law authorizing the issue.

(b) The period of usefulness of each project, and the average period in the ease of two or more projects combined in one authorized issue, shall be computed from the effective date of the law by virtue of which the bonds are issued. The determination of the District Council in the law, as to the period of usefulness or average period, shall be conclusive in any action or proceeding involving the validity of the bonds.

BONDS PAYABLE IN ANNUAL INSTALLMENTS

SEC. 705. All bonds issued pursuant to this Act shall be paid in consecutive annual installments, no one of which shall be more than 50 per centum in excess of the smallest prior installment. The first annual installment shall be paid not more than one year after the effective date of the law by virtue of which the bonds are issued. The last annual installment shall be paid not later than the date of expiration of the period of usefulness of the project for the financing of which such bonds are issued, or of the average period of two or more combined projects, as determined in the law authorizing the issuance of the bonds.

81450-51-2

PUBLICATION OF BORROWING LEGISLATION

SEC. 706. Within 3 days after the effective date of a law authorizing the issuance of bonds the secretary of the District Council shall cause the same to be published once in a daily newspaper of general circulation in the District together with a notice in substantially the following form:

"NOTICE

"The law authorizing the issuance of bonds published herewith has become effective, and the 20-day period of limitation within which a suit, action, or proceeding questioning the validity of such law can be commenced as provided in the District of Columbia Charter Act has begun to run from the date of this publication.

SEC. 707. When twenty days shall have elapsed after the date of the publication of notice pursuant to section 706 in respect of a law authorizing the issuance of bonds (1) any recitals or statements of fact contained in such law, or in the preambles or recitals thereof, shall be deemed to be true for the purpose of determining the validity of the bonds thereby authorized and the District and all others interested shall forever thereafter be estopped from denying the same, (2) such law shall be conclusively presumed to have been duly and regularly passd by the District and to comply with the provisions of this Act and of all laws, and (3) the validity of such law shall not thereafter be questioned by either a party plaintiff or a party defendant, except in a suit, action, or proceeding commenced prior to the expiration of such twenty days.

PUBLIC SALE

SEC. 708. All bonds issued under this Act shall be sold at public sale upon sealed proposals after (1) at least ten days' notice published at least once in a publication carrying municipal bond notices and devoted primarily to financial news or to the subject of State and municipal bonds, and (2) at least ten days' notice published at least once in a daily newspaper of general circulation in the District. No such proposal shall be considered unless there is deposited with it, as a down payment, a certified check for an amount equal to 10 per centum of the offered purchase price. Whenever a proposal is rejected the check deposited with it shall be returned.

OTHER PROCEEDINGS BY RESOLUTION

SEC. 709. All matters in connection with the authorization, sale, and issuance of the bonds not specifically required to be provided in the law authorizing the issuance of bonds may be determined by the District Council by resolution.

PART 2 SHORT-TERM BORROWING

BORROWING TO MEET EMERGENCY APPROPRIATIONS

SEC. 721. In the absence of unappropriated available revenues to meet emergency appropriations made pursuant to section 605, the District Council may by ordinance authorize the issuance of notes, in a total amount not to exceed 5 per centum of the total appropriations for the current fiscal year, each of which shall be designated "emergency note" and may be renewed from time to time, but all such notes and renewals thereof shall be paid not later than the close of the fiscal year following that in which such ordinance becomes effective.

BORROWING IN ANTICIPATION OF REVENUES

SEC. 722. In any budget year, in anticipation of the collection or receipt of revenues of that budget year, the District Council may by ordinance authorize the borrowing of money by the execution of negotiable notes of the District, not to exceed 25 per centum of the total anticipated revenue, each of which shall be designated. "Revenue Note for the Budget Year 19 ". Such notes may be renewed from time to time, but all such notes, together with the renewals, shall