CERTAIN DELEGATED FUNCTIONS

SEC. 323. No function of the Board of Commissioners of the District which such Board has delegated to an officer or agency of the District shall, for the purposes of section 321, be considered as a function granted to or imposed upon the Board. Except as otherwise provided in section 913 (a), each such function is hereby transferred to the officer or agency to whom or to which it was delegated.

ORDINANCES

SEC. 324. (a) The District Counsel

(1) may pas ordinances to carry out those functions of a legislative char. acter transferred to it by section 321;

(2) may pass ordinances (hereinafter referred to as “zoning ordinances") to carry out those functions of a legislative character transferred to it by section 322 (a); and

(3) may pass ordinances providing for the exercise, otherwise than by the District Council itself, of functions (other than functions of a legislative character) transferred to it by sections 321 and 322 (a).

(b) An ordinance (other than a zoning ordinance) shall take effect as law upon passage by the District Council.

(c) A zoning ordinance shall take effect as law only as provided in section 336.

LEGISLATIVE PROPOSALS

SEC. 325. (a) Except as provided in section 326 (a), the District Council may pass legislative proposals on any subject coming within the scope of the power of Congress in its capacity as legislature for the District of Columbia, as distinguished from its capacity as the national legislature.

(b) A legislative proposal passed by the District Council shall take effect as law only as provided in title IV.

LIMITATIONS ON POWERS OF DISTRICT COUNCIL

SEC. 326. (a) The District Council may not pass any legislative proposal or ordinance

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

(2) granting an exclusive privilege, immunity, or franchise;

(3) authorizing any lottery or the sale of lottery tickets or authorizing any form of gambling;

(4) authorizing the use of public money in support of any sectarian, denominational, or private school;

(5) lending the public credit for support of any private undertaking; or (6) amending section 321, 322, 324, 325, or 336, title IV, this subsection, or subsection (b) or (c) of this section.

(b) Any legislative proposal amending any provision of title III, V (except section 504), XI or XII may be passed by the District Council only by the affirmative vote of at least two-thirds of the members then holding office.

(c) Any legislative proposal authorizing the issuance of bonds may be passed only in compliance with the provisions of title VII.

CREATION AND ABOLITION OF ADVISORY BOARDS AND COMMISSIONS

SEC. 327. (a) The District Council may by ordinance create such advisory boards and commissions as it deems necessary or appropriate for the proper functioning of the District government, and may provide for the appointment and fix the compensation of the members thereof.

(b) The District Council may by ordinance reorganize or abolish any advisory board or commission created pursuant to subsection (a).

PART 3-ORGANIZATION AND PROCEDURE OF THE DISTRICT COUNCIL

THE CHAIRMAN

SEC. 331. The District Council shall elect from among its members a Chairman who shall be the presiding officer of the District Council, the official spokesman for the District, and the head of the District for ceremonial purposes. The term

of the first Chairman shall expire at the close of December 31, 1953, and at the close of December 31 of each succeeding odd-numbered year the term of office of the incumbent Chairman shall expire.

SECRETARY OF THE DISTRICT COUNCIL; RECORDS AND DOCUMENTS

SEC. 332. (a) The District Council shall appoint a secretary who shall serve at the pleasure of the District Council as its chief administrative officer. The secretary shall receive a salary at a rate to be fixed by the District Council by ordinance.

(b) The person duly acting as secretary shall have the authority vested by law in the secretary and assistant secretary of the Board of Commissioners of the District, and shall (1) keep a full record of the proceedings of the District Council, (2) keep a journal showing the text of all legislative proposals and ordinances introduced, the substance of the debates, and the ayes and noes of each vote, (3) authenticate by his signature and record in full, in a book kept for the purpose, all legislative proposals, ordinances, and resolutions passed by the District Council, (4) as custodian, use and authenticate the corporate seal of the District, in accordance with the rules of the District Council, and (5) preside at meetings of the District Council when the office of Chairman is vacant.

MEETINGS

SEC. 333. (a) The first meeting of the District Council after this part takes effect shall be called by the member who receives the highest vote in the election provided in title XII. He shall preside until a Chairman is elected. The first meeting of the District Council in each even-number year commencing with 1954 shall be called by the secretary of the District Council for a date not later than January 7 of such year.

(b) The District Council shall by resolution provide for the time and place of its regular meetings.. The District Council shall hold at least one regular meeting in each calendar week, except that during July and August it shall hold at least two regular meetings in each month.

FORM OF LEGISLATIVE PROPOSALS AND ORDINANCES

SEC. 334. (a) The enacting clause of all legislative proposals passed by the District Council shall be "Be it enacted by the Council of the District of Columbia,".

(b) The ordaining clause of all ordinances passed by the District Council shall be "The Council of the District of Columbia hereby ordains,”.

(c) The resolving clause of all resolutions passed by the District Council shall be "The Council of the District of Columbia hereby resolves,".

MINIMUM PERIOD FOR CONSIDERING LEGISLATIVE PROPOSALS AND ORDINANCES

SEC. 335. The District Council shall not pass any legislative proposal or ordinance before the thirteenth day following the day on which it is introduced, except upon unanimous vote of the members present.

PROCEDURE FOR ZONING ORDINANCES

SEC. 336. (a) Before any zoning ordinance for the District is passed by the District Council

(1) the District Council shall deposit the ordinance in its introduced form, with the National Capital Park and Planning Commission. Such Commission shall within thirty days after the date of such deposit, report to the District Council whether the interests of the Federal Government would best be served by passing the ordinance in its introduced form, by passing it in an amended form suggested by the Commission, or by its rejection. The District Council may not pass the ordinance unless it has received such report or the Commission has failed to report within the thirty-day period above specified;

(2) the District Council (or an appropriate committee thereof) shall hold a public hearing on the ordinance. At least thirty days' notice of the hearing shall be published in a daily newspaper of general circulation in the District.

Such notice shall include the time and place of the hearing and a summary of all changes in existing law which would be made by adoption of the ordinance. The District Council (or committee thereof holding the hearing) shall give such additional notice as it finds expedient and practicable. At the hearing interested persons shall be given a reasonable opportunity to be heard. The hearing may be adjourned from time to time. The time and place of the adjourned meeting shall be publicly announced before adjournment is had.

(b) The D strict Council shall deposit with the National Capital Park and Planning Commission each zoning ordinance pased by it. If in the opinion of the Commission such ordinance, as passed, would adversely affect the interests of the Federal Government, the Commission shall within ten days after the date of such deposit certify to the District Council its disapproval of such ordinance. If such certification of disapproval is not made within such ten-day period, the zoning ordinance shall take effect as law on the day following the expiration of such period. If the Commission makes such certification of disapproval within the ten-day period above specified, the zoning ordinance shall take effect as law only if, after the day on which such certification is received, the District Council passes, by the affirmative vote of at least two-thirds of the members then holding office, a resolution so providing; in which case the zoning ordinance shall take effect as law on the day following the day on which such resolution is passed.

INVESTIGATIONS BY DISTRICT COUNCIL

Src. 337. (a) The District Council, or any committee or person authorized by it, shall have power to investigate any matter relating to the affairs of the District; and for that purpose may require the attendance and testimony of witnesses and the production of books, papers, and other evidence. For such purpose any member of the District Council (if the District Council is conducting the inquiry) or any member of the committee, or the person, conducting the inquiry, may issue subpenas and may administer oaths..

(b) In case of contumacy by, or refusal to obey a subpena issued to, any person, the District Council, committee, or person conducting the investigation shall have power to refer the matter to any judge of the United States District Court for the District of Columbia, who may by order require such person to appear and to give or produce testimony or books, papers, or other evidence, bearing upon the matter under investigation; and any failure to obey such order may be punished by such court as a contempt thereof as in the case of failure to obey a subpena issued, or to testify, in a case pending before such court.

TITLE IV-ACTION BY THE CONGRESS AND THE PRESIDENT ON LEGISLATIVE PROPOSALS

PART 1-LEGISLAVIVE PROPOSALS

DEPOSIT AND PUBLICATION

SEC. 401. The District Council shall deposit each legislative proposal passed by it with the Congress and each such proposal shall be referred to the respective Committees on the District of Columbia of the Senate and the House. The respective committees shall assign to each legislative proposal an identifying number. After a number has been so assigned, the legislative proposal shall promptly be published in the Congressional Record and shall also be published, und r regulations prescribed by the Joint Committee on Printing, as a House or Senate document.

DISAPPROVAL BY THE CONGRESS OR BY THE PRESIDENT

SEC. 402. (a) Upon the expiration of the first period of forty-five calendar days of continuous session of the Congress, following the date on which a legislative proposal is deposited with the Congress, such legislative proposals shall be presented to the President by the President of the Senate and the Speaker of the House, acting jointly, if, between the date of such deposit and the expiration of such forty-five-day period, there has not been passed by the two Houses a

concurrent resolution stating in substance that the Congress does not favor such legislative proposal.

(b) If a legislative proposal is not disapproved by a concurrent resolution passed by the two Houses within the forty-five-day period referred to in subsection (a) and is not disapproved by the President within ten days (Sundays excepted) after it shall have been presented to him, the same shall become a law. (c) Any provision of any legislative proposal may, under provisions contained in such proposal, be made operative at a time later than the date on which it would otherwise take effect.

(d) For the purposes of this section, continuity of session of the Congress shall be considered as broken only by an adjournment of the Congress sine die; but in the computation of the forty-five-day period there shall be excluded the days on which either House is not in session because of an adjournment of more than three days to a day certain.

(e) A law authorizing the issuance of bonds shall not take effect unless, after the enactment of such law, it has been approved by the qualified electors in the manner and at the time provided in section 702, in which case it shall take effect at the time provided in such section.

EMERGENCY AUTHORITY WITH RESPECT TO LEGISLATIVE PROPOSALS

SEC. 403. (a) Whenever the District Council transmits to the Congress a resolution (together with supporting information) declaring that an emergency exists in the government of the District of Columbia necessitating the prompt taking effect of any legislative proposal deposited by it with the Congress, the Committee on the District of Columbia of each House shall forthwith consider the matter, and, if they determine that there is necessity for the prompt taking effect of such legislative proposal, such committees shall make an appropriate report thereon to the President of the Senate and the Speaker of the House of Representatives, respectively. Upon joint certification to the District Manager by the President of the Senate and the Speaker of the House of Representatives, after receipt of such reports, that the emergency in question necessitates the prompt taking effect of such legislative proposal, such proposal shall take effect as law, notwithstanding any other provision of this Act, upon the date designated in such certification, but not before the date on which such certification is made.

(b) Notwithstanding the taking effect of a legislative proposal pursuant to the provisions of this section, such legislative proposal shall cease to be in effect upon disapproval in accordance with the provisions of this title applicable with respect to legislative proposals, deposited with the Congress, with respect to which no emergency exists.

(c) In case of a vacancy in the office of President of the Senate or Speaker of the House of Representatives, the majority leader of the Senate or House of Representatives, as the case may be, shall exercise the authority conferred on such officers, respectively, by this section.

RESERVATION OF CONGRESSIONAL AUTHORITY

SEC. 404. 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 of Columbia prior to or after the enactment of this Act or any provision of this Act.

PRINTING IN STATUTES AT LARGE

SEC. 405. Each legislative proposal (except a legislative proposal authorizing the issuance of bonds) which has become law, and each law authorizing the issuance of bonds which has been approved in a referendum as provided in section 702, shall be printed in the United States Statutes at Large in the same volume as the public laws.

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.