[United States Senate Manual, 116th Congress]
[S. Doc. 116-1]
[Cleaves Manual of Conferences and Conference Reports]
[Pages 516-520]
[From the U.S. Government Publishing Office, www.gpo.gov]
[[Page 516]]
MISCELLANEOUS
426 Sec. Sec. 303(a-d), 602(c), 604, 740, District of Columbia
Home Rule Act
Pub. L. 93-198; 87 Stat. 774; D.C. Official Code Sec. 1-
201.01 et seq. Approved December 24, 1973
427 Sec. 1-203.03. Charter amending procedure.
(a) The charter set forth in subchapter IV of this
chapter (including any provision of law amended by such
subchapter), except Sec. Sec. 1-204.01(a) and 1-204.21(a),
and part C of such subchapter, may be amended by an act
passed by the Council and ratified by a majority of the
registered qualified electors of the District voting in the
referendum held for such ratification. The Chairman of the
Council shall submit all such acts to the Speaker of the
House of Representatives and the President of the Senate on
the day the Board of Elections and Ethics certifies that
such act was ratified by a majority of the registered
qualified electors voting thereon in such referendum.
(b) An amendment to the charter ratified by the
registered electors shall take effect upon the expiration of
the 35-calendar-day period (excluding Saturdays, Sundays,
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 Sec. 1-
206.04, 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of such 35-day period, shall be deemed to have repealed such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.
(c) The Board of Elections and Ethics shall prescribe
such rules as are necessary with respect to the distribution
and signing of petitions and the holding of elections for
ratifying amendments to subchapter IV of this chapter
according to the procedures specified in subsection (a) of
this section.
(d) The amending procedure provided in this section may
not be used to enact any law or affect any law with respect
to which the Council may not enact any act, resolution, or
rule under the limitations specified in Sec. Sec. 1-206.01
to 1-206.03. (Pub. L. 93-198, Title III, Sec. 303, Dec. 24,
1973, 87 Stat. 784; Pub. L. 93-376, Title III, Sec. 306(a),
Aug. 14, 1974, 88 Stat. 458; Pub. L. 98-473, Sec. 131(b),
Oct. 12, 1984, 98 Stat. 1974.)
428 Sec. 1-206.02. Limitations on the Council.
* * * * * * *
(c)(1) Except acts of the Council which are submitted to
the President in accordance with Chapter 11 of Title 31,
United States Code, any act which the Council determines,
according to Sec. 1-204.12(a), should take effect
immediately because of emergency circumstances, and acts
[[Page 517]]
proposing amendments to subchapter IV of this chapter and
except as provided in Sec. 1-204.62(c) and Sec. 1-
204.72(d)(1) 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) of this subsection, 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 3 days, or an adjournment of
more than 3 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 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
Sec. 1-206.04, except subsections (d), (e), and (f) of such
section, shall apply with respect to any joint resolution
disapproving any act pursuant to this paragraph.
(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 Sec. 1A1-206.04, 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. (Pub. L. 93-198, Title VI,
Sec. 602, Dec. 24, 1973, 87 Stat. 813; Pub. L. 94-402, Sept.
7, 1976, 90 Stat. 1220; Pub. L. 95-526, Oct. 27, 1978, 92
Stat. 2023; Pub. L. 97-105, Sec. 17, Dec. 23, 1981, 95 Stat.
1493; Pub. L. 98-473, Sec. 131(d)-(g), Oct. 12, 1984, 98
Stat. 1974; Pub. L. 104-8, Sec. Sec. 108(b)(2), 301(d)(1),
Apr. 17, 1995, 109 Stat. 107, 142.)
[[Page 518]]
429 Sec. 1-206.04. Congressional action on certain District
matters.
(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 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 1
action.
(c) A resolution with respect to Council action shall be
referred to the Committee on the District of Columbia 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 20 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 1 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.
(h) Debate on the resolution shall be limited to not
more than 10 hours, which shall be divided equally between
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
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in order, and it is not in order to move to reconsider the
vote by which the resolution is agreed to or disagreed to.
(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.
430 Sec. 1-207.40. Emergency control of police.
(a) Notwithstanding any other provision of law, whenever
the President of the United States determines that special
conditions of an emergency nature exist which require the
use of the Metropolitan Police force for federal purposes,
he may direct the Mayor to provide him, and the Mayor shall
provide, such services of the Metropolitan Police force as
the President may deem necessary and appropriate. In no
case, however, shall such services made available pursuant
to any such direction under this subsection extend for a
period in excess of 48 hours unless the President has, prior
to the expiration of such period, notified the Chairmen and
ranking minority members of the Committees on the District
of Columbia of the Senate and the House of Representatives,
in writing, as to the reason for such direction and the
period of time during which the need for such services is
likely to continue.
(b) Subject to the provisions of subsection (c) of this
section, such services made available in accordance with
subsection (a) of this section shall terminate upon the end
of such emergency, the expiration of a period of 30 days
following the date on which such services are first made
available, or the enactment into law of a joint resolution
by the Congress providing for such termination, whichever
first occurs.
(c) Notwithstanding the foregoing provisions of this
section, in any case in which such services are made
available in accordance with the provisions of subsection
(a) of this section during any period of an adjournment of
the Congress sine die, such services shall terminate upon
the end of the emergency, the expiration of the 30-day
period following the date on which Congress first convenes
following such adjournment, or the enactment into law of a
joint resolution by the Congress providing for such
termination, whichever first occurs.
(d) Except to the extent provided for in subsection (c)
of this section, no such services made available pursuant to
the direction of the President pursuant to subsection (a) of
this section shall extend for any period in excess of 30
days, unless the Senate and the House of Representatives
enact into law a joint resolution authorizing such an
extension.
431 Pub. L. 94-329, International Security Assistance and Arms
Export Control Act of 1976 (ISAAECA), Title VI,
Sec. 601(b), June 30, 1976, 90 Stat. 765.
* * * * * * *
Expedited Procedure in the Senate
(b)(1) For purposes of any such law, the continuity of a
session of Congress is broken only by an adjournment of the
Congress sine die, and the days on which either House is not
in session because of an
[[Page 520]]
adjournment of more than three days to a day certain are
excluded in the computation of the period indicated.
(2) Paragraphs (3) and (4) of this subsection are
enacted--
(A) as an exercise of the rulemaking power
of the Senate and as such they are deemed a part
of the rules of the Senate, but applicable only
with respect to the procedure to be followed in
the Senate in the case of resolutions described
by subsection (a)(1) of this section; and they
supersede other rules of the Senate only to the
extent that they are inconsistent therewith; and
(B) with full recognition of the
constitutional right of the Senate to change
such rules at any time, in the same manner and
to the same extent as in the case of any other
rule of the Senate.
(3)(A) If the committee of the Senate to which has been
referred a resolution relating to a certification has not
reported such resolution at the end of ten calendar days
after its introduction, not counting any day which is
excluded under paragraph (1) of this subsection, it is order
to move either to discharge the committee from further
consideration of the resolution or to discharge the
committee from further consideration of any other resolution
introduced with respect to the same certification which has
been referred to the committee, except that no motion to
discharge shall be in order after the committee has reported
a resolution with respect to the same certification.
(B) A motion to discharge under subparagraph (A) of this
paragraph may be made only by a Senator favoring the
resolution, is privileged, and debate thereon shall be
limited to not more than 1 hour, to be divided equally
between those favoring and those opposing the resolution,
the time to be divided equally between, and controlled by,
the majority leader and the minority leader or their
designees. 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.
(4)(A) A motion in the Senate to proceed to the
consideration of a resolution shall be privileged. An
amendment to the motion shall not be in order, nor shall it
be in order to move to reconsider the vote by which the
motion is agreed to or disagreed to.
(B) Debate in the Senate on a resolution, and all
debatable motions and appeals in connection therewith, shall
be limited to not more than 10 hours, to be equally divided
between, and controlled by, the majority leader and the
minority leader or their designees.
(C) Debate in the Senate on any debatable motion or
appeal in connection with a resolution shall be limited to
not more than 1 hour, to be equally divided between, and
controlled by, the mover and the manager of the resolution,
except that in the event the manager of the resolution is in
favor of any such motion or appeal, the time in opposition
thereto, shall be controlled by the minority leader or his
designee. Such leaders, or either of them, may, from time
under their control on the passage of a resolution, allot
additional time to any Senator during the consideration of
any debatable motion or appeal.
(D) A motion in the Senate to further limit debate on a
resolution, debatable motion, or appeal is not debatable. No
amendment to, or motion to recommit, a resolution is in
order in the Senate.