[Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 117th Congress]
[117th Congress]
[House Document 116-177]
[Legislate Procedures Enacted in Law]
[Pages 1182-1187]
[From the U.S. Government Publishing Office, www.gpo.gov]
5. District of Columbia Home Rule Act, Sec. Sec. 303(b), 602(c), 604
[[Page 1183]]
day, Sunday, holidays, and days on which either House of Congress is not
in session) following the date such amendment was submitted to the
Congress, or upon the date prescribed by such amendment, whichever is
later, unless during such 35-day period, there has been enacted into law
a joint resolution, in accordance with the procedures specified in
section 604 of this Act, disapproving such amendment. In any case in
which any such joint resolution disapproving such an amendment has,
within such 35-day period, passed both Houses of Congress and has been
transmitted to the President, such resolution, upon becoming law
subsequent to the expiration of such 35-day period, shall be deemed to
have repealed such amendment, as of the date such resolution becomes
law.
Sec. 303. * * * (b) An amendment to the charter ratified by the
registered electors shall take effect upon the expiration of the 35-
calendar-day period (excluding Satur
[[Page 1184]]
resolution, upon becoming law, subsequent to the expiration of such 30-
day period, shall be deemed to have repealed such act, as of the date
such resolution becomes law. The provisions of section 604, except
subsections (d), (e), and (f) of such section, shall apply with respect
to any joint resolution disapproving any act pursuant to this paragraph.
Sec. 602. * * * (c)(1) Except acts of the Council which are submitted
to the President in accordance with the Budget and Accounting Act, 1921,
any act which the Council determines according to section 412(a), should
take effect immediately because of emergency circumstances, and acts
proposing amendments to title IV of this Act, and except as provided in
section 462(c) and section 472(d)(1) [relative to borrowing in
anticipation of revenues], the Chairman of the Council shall transmit to
the Speaker of the House of Representatives, and the President of the
Senate a copy of each act passed by the Council and signed by the Mayor,
or vetoed by the Mayor and repassed by two-thirds of the Council present
and voting, each act passed by the Council and allowed to become
effective by the Mayor without his signature, and each initiated act and
act subject to referendum which has been ratified by a majority of the
registered qualified electors voting on the initiative or referendum.
Except as provided in paragraph (2), such act shall take effect upon the
expiration of the 30-calendar-day period (excluding Saturdays, Sundays,
and holidays, and any day on which neither House is in session because
of an adjournment sine die, a recess of more than three days, or an
adjournment of more than three days) beginning on the day such act is
transmitted by the Chairman to the Speaker of the House of
Representatives and the President of the Senate, or upon the date
prescribed by such act, whichever is later, unless during such 30-day
period, there has been enacted into law a joint resolution disapproving
such act. In any case in which any such joint resolution disapproving
such an act has, within such 30-day period, passed both Houses of
Congress and has been transmitted to the President, such
(2) In the case of any such Act transmitted by the Chairman with
respect to any Act codified in title 22, 23, or 24 of the District of
Columbia Code, such act shall take effect at the end of the 60-day
period beginning on the day such act is transmitted by the Chairman to
the Speaker of the House of Representatives and the President of the
Senate unless, during such 60-day period, there has been enacted into
law a joint resolution disapproving such act. In any case in which any
such joint resolution disapproving such an act has, within such 60-day
period, passed both Houses of Congress and has been transmitted to the
President, such resolution, upon becoming law subsequent to the
expiration of such 60-day period shall be deemed to have repealed such
act, as of the date such resolution becomes law. The provisions of
section 604, relating to an expedited procedure for consideration of
joint resolutions, shall apply to a joint resolution disapproving such
Act as specified in this paragraph.
(3) The Council shall submit with each Act transmitted under this
subsection an estimate of the costs which will be incurred by the
District of Columbia as a result of the enactment of the Act in each of
the first 4 fiscal years for which the Act is in effect, together with a
statement of the basis for such estimate.
congressional action on certain district matters
Sec. 604. (a) This section is enacted by Congress--
(1) as an exercise of the rulemaking power of the Senate and
the House of Representatives, respectively, and as such these
provisions are deemed a part of the rule of each House,
respectively, but applicable only with respect to the procedure
to be followed in that House in the case of resolutions
described by this section; and they 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 the rule (so far as relating to the
[[Page 1185]]
procedure of that House) at any time, in the same
manner and to the same extent as in the case of any other rule
of that House.
(b) For the purpose of this section, ``resolution'' means only a joint
resolution, the matter after the resolving clause of which is as
follows: ``That the ___ approves/disapproves of the action of the
District of Columbia Council described as follows: ___.'', the blank
spaces therein being appropriately filled, and either approval or
disapproval being appropriately indicated; but does not include a
resolution which specifies more than one action.
(c) A resolution with respect to Council action shall be referred to
the Committee on Government Reform of the House of Representatives, or
the Committee on the District of Columbia of the Senate, by the
President of the Senate or the Speaker of the House of Representatives,
as the case may be.
(d) If the committee to which a resolution has been referred has not
reported it at the end of twenty calendar days after its introduction,
it is in order to move to discharge the committee from further
consideration of any other resolution with respect to the same Council
action which has been referred to the committee.
(e) A motion to discharge may be made only by an individual favoring
the resolution, is highly privileged (except that it may not be made
after the committee has reported a resolution with respect to the same
action), and debate thereon shall be limited to not more than one hour,
to be divided equally between those favoring and those opposing the
resolution. An amendment to the motion is not in order, and it is not in
order to move to reconsider the vote by which the motion is agreed to or
disagreed to.
(f) If the motion to discharge is agreed to or disagreed to, the
motion may not be renewed, nor may another motion to discharge the
committee be made with respect to any other resolution with respect to
the same action.
(g) When the committee has reported, or has been discharged from
further consideration of, a resolution, it is at any time thereafter in
order (even though a previous motion to the same effect has been
disagreed to) to move to proceed to the consideration of the resolution.
The motion is highly privileged and is not debatable. An amendment to
the motion is not in order, and it is not in order to move to reconsider
the vote by which the motion is agreed to or disagreed to.
[[Page 1186]]
those favoring and those opposing the resolution. A motion further to
limit debate is not debatable. An amendment to, or motion to recommit,
the resolution is not in order, and it is not in order to move to
reconsider the vote by which the resolution is agreed to or disagreed
to.
(h) Debate on the resolution shall be limited to not more than ten
hours, which shall be divided equally between
(i) Motions to postpone made with respect to the discharge from
committee or the consideration of a resolution, and motions to proceed
to the consideration of other business, shall be decided without debate.
(j) 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.
It is not in order to offer as privileged a motion to discharge the
Committee on the District of Columbia (now Oversight and Reform) from a
simple (now joint) resolution disapproving an act passed by the D.C.
City Council before the time that the Council was vested with the
authority to pass the category of act to which the simple resolution
disapproval procedure applies (Speaker Albert, Sept. 22, 1976, pp.
31873-74). The D.C. City Council subsequently having been vested with
that authority, a motion to discharge the Committee on the District of
Columbia (now Oversight and Reform) from further consideration of a
(joint) resolution disapproving an act of the Council amending the D.C.
Criminal Code is privileged after 20 calendar days from introduction of
the resolution, if not reported during that time (Oct. 1, 1981, p.
22752; Oct. 14, 1987, p. 27847).
[[Page 1187]]
In response to a parliamentary inquiry, the Chair advised that section
604 does not provide a privileged motion to discharge the Committee on
the District of Columbia (now Oversight and Reform) from a concurrent
(now joint) resolution disapproving acts of the D.C. City Council not
affecting the D.C. Criminal Code, such concurrent resolutions only being
privileged when reported by that committee (Speaker Albert, Sept. 22,
1976, pp. 31873-74). The House has provided that section 604(g) not
apply to a specified joint resolution of disapproval (not affecting the
D.C. Criminal Code) and instead provided for its separate consideration
by special order of business (Apr. 30, 2015, pp. 6002-04). Under section
604(h), debate on a concurrent (now joint) resolution of disapproval can
be limited by motion, but otherwise extends not to exceed 10 hours; a
concurrent (now joint) resolution disapproving an action of the D.C.
Council that does not affect the U.S. Treasury is considered in the
House (Dec. 20, 1979, p. 37303).
Sec. 1130(6A)