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corporate in perpetuity for governmental purposes and as such may sue and be sued, contract and be contracted with, and have a corporate seal. Such body politic and corporate is the successor of the District of Columbia created by section 2 of the Revised Statutes relating to the District of Columbia and continued by the first section of the Act of June 11, 1878 (D.C. Code, 1951 edition, sec. 1-102). So far as is consistent with the provisions of this Act, all powers, rights, privileges, immunities, duties, obligations, assets, and liabilities of the District of Columbia created by such section 2 are hereby transferred to, vested in, and imposed on the body politic and corporate created by this section.

(b) Section 1 of the Act of February 21, 1871 (16 Stat. 419), and section 1 of the Act of June 11, 1878 (20 Stat. 102), are hereby repealed.

(c) Nothing contained in this section shall affect the boundary line between the District of Columbia and the Commonwealth of Virginia as the same was established or may be subsequently established under the provisions of title I of the Act of October 31, 1945 (59 Stat. 552).

TITLE III—THE DISTRICT OF COLUMBIA COMMISSION

PART 1-CREATION OF THE DISTRICT OF COLUMBIA COMMISSION

CREATION AND MEMBERSHIP

SEC. 301. There is hereby created the District of Columbia Commission consisting of five members elected as provided in title VIII.

QUALIFICATIONS FOR HOLDING OFFICE

SEC. 302. No person shall hold the office of member of the Commission unless he (1) is a qualified elector, (2) is domiciled in the District and has, during the three years next preceding his nomination resided and been domiciled in the District, (3) holds no other elective public office, (4) holds no appointive office for which compenstion is provided out of District funds, and (5) is not an officer or employee of the Federal Government. A member of the Commission shall forfeit his office upon failure to maintain the qualifications required by this section.

COMPENSATION SEC. 303. Each member of the Commission shall receive compensation at a rate of $19,000 per annum, payable in equal monthly installments.

PART 2-PRINCIPAL FUNCTIONS OF THE DISTRICT OF COLUMBIA COMMISSION

FUNCTIONS HERETOFORE EXERCISED BY THE BOARD OF COMMISSIONERS

Sec. 321. (a) Except as otherwise provided in this Act, all functions granted to or imposed upon the Board of Commissioners of the District are hereby transferred to the Commission.

(b) The Board of Commissioners of the District of Columbia established by section 2 of the Act of June 11, 1878, as amended (D.C. Code, sec. 1-201 et seq.), is hereby abolished.

FUNCTIONS RELATING TO ZONING

SEC. 322. The Zoning Commission created by the first section of the Act of March 1, 1920, creating a Zoning Commission for the District of Columbia, as amended (D.C. Code, 1951 edition, sec. 5–412), is hereby abolished, and its functions are transferred to the Commission.

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 be considered as a function transferred to the Commission by section 321. Each such function is hereby transferred to the officer or agency to whom or to which it was delegated, until the Commission, pursuant to the powers herein granted, shall revoke, modify, or transfer such delegation.

POWERS OF AND LIMITATIONS UPON DISTRICT OF COLUMBIA COMMISSION

SEC. 324. (a) Except as provided in subsection (b) and subject to the reserved powers of the Congress as provided in section 404, there shall be vested in the Commission complete legislative power over the District with respect to all rightful subjects of legislation not inconsistent with the Constitution or with the laws of the United States which are applicable but not confined to the District: Provided, That such subjects are within the scope of the power of Congress in its capacity as the legislature for the District of Columbia as distinguished from its capacity as the national legislature.

(b) The Commission may not pass any act contrary to the provisions of this Act or

(1) impose any tax on property of the United States ;
(2) grant any exclusive privilege, immunity, or franchise ;

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

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

(5) lend the public credit for support of any private undertaking;

(6) authorize the issuance of bonds except in compliance with the provisions of title VI; or

(7) enact or pass any act inconsistent with or contrary to the Act of June 6, 1924 (43 Stat. 463), as amended by the Act of April 30, 1926 (44 Stat. 374), and by the Act of July 19, 1952 (66 Stat. 871); and the Act of May 29, 1930 (46 Stat. 482), as amended, and the Council shall not pass any act inconsistent with or contrary to any provision of any Act of Congress as it specifically pertains to any duty, authority, and responsibility, of the National Capital Planning Commission; except insofar as the above-cited or other referred to Acts refer to the Engineer Commissioner or the Board of Commissioners, such terms after the enactment of this Act, shall mean the District Government official who shall be designated by the Commission to sit as a member of the National Capital Planning Commission and the National Capital Regional Planning Council, and the latter term shall mean the Commission.

PART 3_ORGANIZATION AND PROCEDURE OF THE DISTRICT OF COLUMBIA COMMISSION

THE MAYOR

Sec. 331. (a) There is hereby created the office of Mayor in the District of Columbia.

(b) The Mayor shall be the presiding officer of the Commission. The Commission shall elect a President of the Commission who shall preside in the absence of the Mayor.

(c) When the Mayor is absent or unable to act, or when the office is vacant, the President of the Commission shall act in his stead.

(d) The Mayor shall act as official spokesman for the District, and as head of the District for ceremonial purposes, and, as custodian, he shall use and authenticate the corporate seal of the District in accordance with the rules of the Commission.

(e) The Mayor shall receive in addition to his annual salary as a member of the Commission, an allowance for official expenses which he shall certify in reasonable detail to the Commission, of not more than $2,500 annually.

(f) The term of office of Mayor shall be one year. The first Mayor shall be that member of the first Commission who receives the largest number of votes. Thereafter the Commission shall annually elect the Mayor from among its members.

SECRETARY OF THE COMMISSION ; RECORDS AND DOCUMENTS

SEC. 332. (a) The Commission shall appoint a Secretary who shall serve at the pleasure of the Commission as its chief administrative officer, and shall appoint such assisttants and clerical personnel as may be necessary. The Secretary shall receive a salary at a rate to be fixed by the Commission by act. (b) The Secretary shall (1) keep a full record of the proceedings of the Commission, (2) keep a journal showing the text of all acts and resolutions 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 acts and resolutions passed by the Commission, and (4) perform such other duties as the Commission may from time to time prescribe.

MEETINGS

SEC. 333. (a) The first meeting of the Commission after this part takes effect shall be called by the Mayor. The first meeting of the District Council in each year commencing with 1961 shall be called by the Secretary of the Commission for a date not later than January 7 of such year.

(b) The Commission shall provide for the time and place of its regular meetings, except that it shall hold at least one regular meeting every two weeks when Congress is in session, and at least one regular meeting every four weeks when Congress is not in session.

(c) Meetings of the Commission (other than executive sessions) shall be open to the public and shall be held at reasonable hours and at such places as to accomodate a reasonable number of spectators. The Commission may at any time authorize an executive session of the Commission, to be held at any meeting. The records, journals, and books of the Commission provided for in section 332 (b) shall be open to public inspection and available for copying during all regular office hours of the Secretary. Any citizen shall have the right to petition and be heard by the Commission at any of its meetings, within reasonable limits as set by the Mayor, the Commission concurring.

COMMITTEES

SEC. 334. The Mayor, with the advice and consent of the Commission, shall appoint such standing and special committees as may be expedient for the conduct of the Commission's business. All committee meetings shall be open to the public except when ordered closed by the committee chairman, with the approval of a majority of the members of the committee.

ACTS AND RESOLUTIONS

SEC. 335. (a) The Commission, to discharge the powers and duties imposed herein, shall enact acts and adopt resolutions, upon a vote of a majority of the members of the Commission, unless otherwise provided in this Act. For all legislative purposes acts shall be used. Resolutions shall be used to express simple determinations, decisions, or directions of the Commission of a special or temporary character.

(b) (1) The enacting clause of all acts passed by the Commission shall be, "Be it enacted by the District of Columbia Commission :".

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

PASSAGE OF ACTS

SEC. 336. The Commission shall not pass any act before the thirteenth day following the day on which it is introduced. Subject to the other limitations of this Act, this requirement may be waived by the unanimous vote of the members present.

INVESTIGATIONS BY COMMISSION

SEC. 337. (a) The Commission, 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 Commission (if the Commisison 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 Commission, 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 ACTS

PART -ACTS

DEPOSIT AND PUBLICATION

Sec. 401. Except as provided in section 405, the Commission shall deposit each act passed by it with the Congress and each such act shall be referred to the appropriate committees of the Senate and the House. After an identifying number has been assigned, the act shall promptly be published in the Congressional Record and shall also be published, under 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 thirty calendar days of continuous session of the Congress, following the date on which an act, except an act adopting a budget, is deposited with the Congress, such act shall be presented to the President if, between the date of such deposit and the expiration of such thirty-day period, there has not been passed by either of the two Houses a resolution stating in substance that that House of Congress does not favor such act.

(b) If an act, except an act adopting a budget, is not disapproved by a resolution passed by either of the two Houses within the thirty-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) Upon the expiration of the first period of sixty calendar days of continuous session of the Congress, following the date on which an act adopting a budget is deposited with the Congress, such act shall be presented to the President if between the date of such deposit and the expiration of such sixty-day period, there has not been passed by either of the two Houses a resolution stating in substance that that House of Congress does not favor such budget act.

(d) If a budget act is not disapproved by a resolution passed by either of the two Houses within the sixty-day period referred to in subsection (c) and is not disapproved by the President within ten days (Sundays exce ed) after it shall have been presented to him, such budget act shall become a law.

(e) Any provision of any act may, under provisions contained in such act, be made operative at a time later than the date on which it would otherwise take effect.

(f) 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 thirty-day period referred to in subsection (a) and the sixty-day period referred to in subsection (c) 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.

RESERVATION OF CONGRESSIONAL AUTHORITY

SEC. 403. The Congress of the United States reserves the right, at any time, to exercise its constitutional authority as legislatures 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 Commission 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.

44015—595

PRINTING IN STATUTES AT LARGE

SEC. 404. Each act (except an act 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 602, shall be printed in the United States Statutes at Large in the same volume as the public laws.

EXCEPTIONS

SEC. 405. This title shall not apply to acts providing for the issuance of bonds.

PART 2-RULES OF THE SENATE AND HOUSE

RULEMAKING POWER OF SENATE AND HOUSE

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

(1) as an exercise of the rulemaking 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 ACTS

SEC. 422. (a) As used in this part the term "resolution" means only a resolution of either of the two Houses of Congress which, in the case of any act deposited with the Congress, states in substance that the House whose resolution it is does not favor such act.

(b) The members of the Senate Committee to whom an act has been referred shall have authority at any time to report a resolution to the Senate, and the members of the House Committee to whom an act has been referred 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 to) 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 consideration of other business, shall be decided without debate.

(4) All appeals from the decisions of the Chair relating to the application of the rules 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.

DISCHARGE OF COMMITTEE

SEC. 423. (a) If the committee to which has been referred a resolution has not reported it before the expiration of ten calendar days after its introduction, it shall then (but not before) be in order to move either to discharge the committee from further consideration of such resolution.

(b) Such motion may be made only by a person favoring the resolution, shall be highly privileged (except that it may not be made after the committee has reported a similar resolution), and debate thereon shall be limited to not to exceed one hour, to be equally divided between those favoring and those opposing the resolution. 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.

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