by the Act of July 19, 1952 (66 Stat. 781); and the Act of May 29, 1930 (46 Stat. 482), as amended, and the Assembly 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 of the District of Columbia or the Board of Commissioners of the District, the former of which terms, after the enactment of this Act, shall mean the Governor or some District government official deemed by the Governor to be best qualified, and designated by him to sit in lieu of the Governor as a member of the National Capital Planning Commission and the National Capital Regional Planning Council, and the latter term shall mean the Assembly.

(c) Every act shall include a preamble, or be accompanied by a report, setting forth concisely the purposes of its adoption. Every act shall be published within seven days after its passage, as the Assembly may direct.

(d) An act passed by the Assembly shall be presented to the Governor and shall become law upon his approval as indicated by his signature. If any act so passed shall be disapproved by the Governor, he shall, within ten calendar days of its presentation, return such act to the Assembly setting forth his objections. If his disapproval is based in whole or in part upon a finding that such act adversely affects a Federal interest, he shall so inform the Assembly when setting forth his objections to such act. If any act so passed shall not be returned by the Governor as herein provided within ten calendar days after it shall have been presented to him, the same shall become law in like manner as if he had signed it. If, upon reconsideration of an act returned by the Governor, two-thirds of the members of the Assembly vote to pass such act, it shall become law unless the Governor's disapproval was based in whole or in part upon a finding that such act adversely affects a Federal interest, in which case the Assembly shall again present the act to the Governor and the Governor shall forthwith transmit it to the President, advising the Assembly in writing that he has done so. If the President approves such act he shall sign it, and it shall thereupon become law. If he does not approve it, he shall return it to the Governor so stating, and it shall not become law. The President shall approve or disapprove an act transmitted to him by the Governor, under the provisions of this subsection, within ten calendar days after its transmission to him; and if not acted upon within such time, it shall become law as if it had been specifically approved by him.

PART 3-ORGANIZATION AND PROCEDURE OF THE LEGISLATIVE ASSEMBLY

THE CHAIRMAN

SEC. 331. The Assembly shall elect from among its members a Chairman who shall be the presiding officer of the Assembly and a Vice Chairman, who shall preside in the absence of the Chairman. The terms of the first Chairman and Vice Chairman shall expire at the close of December 31, 1966, and at the close of December 31 of each succeeding even-numbered year the term of office of the incumbent Chairman and Vice Chairman shall expire.

CLERK OF THE ASSEMBLY; RECORDS AND DOCUMENTS

SEC. 332. (a) The Assembly shall appoint a clerk as its chief administrative officer and such assistants and clerical personnel as may be necessary. Notwithstanding any other provision of this Act, the compensation and other terms of employment of such clerk, assistants, and clerical personnel shall be prescribed by the Assembly.

(b) The clerk shall (1) keep a record of the proceedings of the Assembly, (2) keep a record showing the text of all acts and resolutions introduced, and the ayes and noes of each vote, (3) authenticate by his signature and record in full in a continuing record kept for that purpose all acts passed by the Assembly, and (4) perform such other duties as the Assembly may from time to time prescribe.

MEETINGS

SEC. 333. (a) The first meeting of the Assembly after this part takes effect shall be called by the member who receives the highest vote in the election provided in title VIII. He shall preside until a Chairman is elected. The first meeting of the Assembly in each odd-numbered year commencing with 1967 shall be

called by the Clerk of the Assembly for a date not later than January 7 of such year.

(b) The Assembly shall provide for the time and place of its regular meetings. The Assembly shall hold at least one regular meeting in each calendar year except that during July and August it shall hold at least two regular meetings in each month. Special meetings may be called, upon the giving of adequate notice, by the Governor, the Chairman, or any three members of the Assembly. (c) Meetings of the Assembly shall be open to the public and shall be held at reasonable hours and at such places as to accommodate a reasonable number of spectators. The records of the Assembly provided for in section 332 (b) shall be open to public inspection and available for copying during all regular office hours of the Clerk of the Assembly. Any citizen shall have the right to petition and be heard by the Assembly at any of its meetings, within reasonable limits as set by the Assembly Chairman, the Assembly concurring.

COMMITTEES

SEC. 334. The Assembly Chairman, with the advice and consent of the Assembly, shall appoint such standing and special committees as may be expedient for the conduct of the Assembly'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.

LEGISLATIVE ACTS

SEC. 335. (a) The Assembly, to discharge the powers and duties imposed herein, shall pass acts upon a vote of a majority of the members of the Assembly, unless otherwise provided herein.

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

PASSAGE OF ACTS

SEC. 336. The Assembly 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.

PROCEDURE FOR ZONING ACTS

SEC. 337. (a) Before any zoning act for the District is passed by the Assembly(1) the Assembly shall deposit the act in its introduced form, with the National Capital Planning Commission. Such Commission shall, within thirty days after the date of such deposit, report to the Assembly whether the proposed act is in conformity with the comprehensive plan for the District of Columbia. The Assembly may not pass the act unless it has received such report or the Commission has failed to report within the thirty-day period above specified; and

(2) the Assembly (or an appropriate committee thereof) shall hold a public hearing on the act. At least thirty days' notice of hearing shall be published as the Assembly may direct. 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 act. The Assembly (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 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) Before any zoning act passed by the Assembly is presented to the Governor for his approval, it shall be deposited by the Assembly with the National Capital Planning Commission. If, in the opinion of the Commission such act, as passed, would adversely affect the interest of the Federal Government, the Commission shall within thirty days after the date of such deposit certify to the Assembly its disapproval of such act. If such certification of disapproval is not made within such thirty-day period, the zoning act shall thereupon be presented to the Governor and shall become law subject to the provisions of section 324(d). If the Commission makes such certificate of disapproval within the thirty-day period above specified, the zoning act shall not become law: Provided, That if

within thirty days after the day on which such certification is received, the act be readopted by the affirmative vote of at least two-third of the members of the Assembly, it shall thereupon be presented to the Governor and shall become law, subject to the provisions of section 324(d).

INVESTIGATIONS BY ASSEMBLY

SEC. 388. (a) The Assembly, 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 memmer of the Assembly (if the Assembly 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 Assembly, 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-GOVERNOR AND SECRETARY

APPOINTMENT, QUALIFICATIONS, AND SALARIES

SEC. 401. (a) There are hereby created the Offices of Governor of the District of Columbia and Secretary of the District of Columbia. The Governor and the Secretary shall be appointed by the President of the United States, by and with the advice and consent of the Senate, and, except as otherwise herein provided, shall serve for terms of four years, or until their respective successors are appointed and assume the duties of the offices, unless sooner removed by the President: Provided, That upon appointment by the President, the Governor and the Secretary, respectively, may serve on an interim basis, pending confirmation by the Senate, for a period not to exceed sixty days after the date of the appointment or the date on which the Senate convenes, whichever is later.

(b) No person shall hold the office of Governor or of Secretary, unless he (1) is a qualified elector, (2) is domiciled and resides in the District and during the three years next preceding his nomination (a) has been resident in and domiciled in the District and (b) has not voted in any election (other than in the District) for any candidate for public office, (3) holds no elective public office, and (4) holds no other appointive office for which compensation is provided out of District or Federal funds. The Governor and the Secretary shall forfeit their respective offices upon failure to maintain the qualifications required by this section.

(c) The Governor shall receive an annual salary of $21,000, and an allowance for official expenses, which he shall certify in reasonable detail to the Assembly, of not more than $2,500 annually. The Secretary shall receive an annual salary of $17.500. Such salaries shall be payable in periodic installments.

(d) The terms of office of the first Governor and the first Secretary shall be from January 1, 1966, through January 20, 1970, unless sooner removed by the President. Thereafter, the terms of office of the Governor and the Secretary, respectively, shall be four years, beginning on January 21, 1970, and on January 21 of every other odd-numbered year thereafter, except that any person appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed only for the remainder of such term.

POWERS AND DUTIES OF THE GOVERNOR

SEC. 402. The Governor shall be the chief executive officer of the District Government. He shall be responsible for the proper administration of the affairs of the District coming under his jurisdiction or control, and to that end shall have the following powers and functions:

(1) He shall designate the officer or officers of the executive department of the District who shall, during periods of disability or absence from the District of both the Governor and the Secretary, execute and perform all the powers and duties of the Governor.

(2) He shall act as the official spokesman for the District and as the head of the District for ceremonial purposes.

(3) He shall administer all laws relating to the appointment, promotion, discipline, separation, and other conditions of employment of personnel in the office of the Governor, personnel in executive departments of the District, and members of boards, commissions, and other agencies, who, under laws in effect on the effective date of this section, are subject to appointment and removal by the Commissioners. All actions affecting such personnel shall, until such time as legislation is enacted by the Assembly superseding such laws and establishing a permanent civil service system or systems, based on merit, pursuant to section 402(4), continue to be subject to the provisions of Acts of Congress relating to the appointment, promotion, discipline, separation and other conditions of employment applicable to officers and employees of the District government; to section 1001 (d) of this Act, and, where applicable, to the provisions of the joint agreement between the Commissioners and the Civil Service Commission authorized by Executive Order Numbered 5491 of November 18, 1930, relating to the appointment of District personnel. He shall appoint or assign personnel to positions formerly occupied, ex officio, by one or more members of the Board of Commissioners and shall have power to remove such personnel from such positions. The officers and employees of each agency with respect to which legislative power is delegated by this Act and which, immediately prior to the effective date of this section, was not subject to the administrative control of the Board of Commissioners of the District, shall continue to be appointed and removed in accordance with applicable laws until such time as such laws may be superseded by legislation passed by the Assembly establishing a permanent civil service system or systems, based on merit, pursuant to section 402(4): Provided, That all appointments of department heads and members of boards and commissions; all appointments and assignments to positions formerly occupied, ex officio, by one or more members of the Board of Commissioners of the District, and appointments made pursuant to section 804 of this Act, shall be by and with the consent of the Assembly.

(4) He shall administer the personnel functions of the District covering employees of all District departments, boards, commissions, offices, and agencies, except as otherwise provided by this Act. Personnel legislation enacted by Congress, prior to or after the effective date of this section, including, without limitation, appointments, promotions, discipline, separations, pay, unemployment compensation, disability and death benefits, leave, retirement, insurance, and veteran's preference, applicable to employees of the District government, as set forth in section 1002(c), shall continue in effect until such time as the Assembly shall, pursuant to this section, provide similar or comparable coverage under a District civil service system or systems based on merit. The District civil service system or systems shall be established by legislation of the Assembly and shall provide coverage similar or comparable to, or shall provide for continued participation in, all or part of the Federal civil service system. The District civil service system or systems shall take effect not earlier than one year or later than five years after the effective date of this section.

(5) He shall, through the heads of administrative boards, offices, and agencies, supervise and direct the activities of such boards, offices, and agencies.

(6) 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 Governor and the executive departments of the District. He shall submit such reports to the Assembly within ninety days after the close of the fiscal year.

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

(8) He may submit drafts of acts to the Assembly.

(9) He shall perform such other duties as the Assembly, consistent with the provisions of this Act, may direct.

(10) He may delegate any of his functions (other than the function of approving contracts between the District and the Federal Government under section 901) to any officer, employee, or agency of the executive office of the Governor, or to any director of an executive department who may, with the approval of the Governor, make a further delegation of all or a part of such functions to subordinates under his jurisdiction.

(11) The Governor or the Assembly may propose to the executive or legislative branches of the United States Government, legislation or other action dealing with any subject not falling within the authority of the District government, as defined in this Act.

(12) As custodian he shall use and authenticate the corporate seal of the District in accordance with the rules of the Assembly.

(13) He shall have the right, under the rules to be adopted by the Assembly, to be heard by the Assembly or any of its committees.

(14) He is authorized and directed to promulgate, adopt and enforce such rules and regulations, not inconsistent with any Act of the Congress or any act of the Assembly, as are necessary to carry out his functions and duties.

(15) He is authorized to reorganize any or all of the executive agencies of the District government. Any reorganization affecting two or more agencies shall be submitted to the Assembly and shall take effect sixty days thereafter, unless prior to the expiration of such sixty-day period, the Assembly shall, by a majority vote of its members, disapprove thereof.

POWERS AND DUTIES OF SECRETARY

SEC. 403. (a) The Secretary shall perform such duties and exercise such powers as the Governor shall impose upon or vest in him.

(b) In case of the death, removal, resignation, disability, or absence of the Governor from the District, the Secretary shall execute and perform all of the powers and duties of the Governor during such vacancy, disability, or absence, or until another Governor shall be duly appointed and qualified to fill such vacancy.

TITLE V-THE DISTRICT BUDGET

FISCAL YEAR

SEC. 501. 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 ASSEMBLY

SEC. 502. (a) The Governor shall prepare and submit, not later than April 1 to the Assembly, in such form as the Assembly shall approve, the annual budget estimates of the District and the budget message.

(b) The Governor shall, in consultation with the Assembly, take whatever action may be necessary to achieve, insofar as is possible, (1) consistency in accounting and budget classifications, (2) synchronization between accounting and budget classifications and organizational structure, and (3) support of the budget justifications by information on performance and program costs as shown by the accounts.

ADOPTION OF BUDGET

SEC. 503. The Assembly shall by act adopt a budget for each fiscal year not later than May 15, except that the Assembly may 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. 504. The adoption of the budget by the Assembly shall, from the effective date thereof, operate to appropriate and to make available for expenditure, for the purposes therein named, the several amounts stated therein as proposed expenditures, subject to the provisions of section 702.

SUPPLEMENTAL APPROPRIATIONS

SEC. 505. The Assembly may at any time adopt an act by vote of a majority of its members rescinding previously appropriated funds which are then available for expenditure, or appropriating funds in addition to those theretofore appropriated to the extent unappropriated funds are available; and for such purpose unappropriated funds may include those borrowed in accordance with the provisions of section 621.

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