WE THE PEOPLE . HERE IS STUFF YOU’RE NOT SUPPOSED TO KNOW
Act of 1871
1871, February 21: Congress Passes an Act to Provide a Government for
the District of Columbia, also known as the Act of 1871.
With no constitutional authority to do so, Congress creates a separate form ofgovernment for the District of Columbia, a ten mile square parcel of land (see Acts of the Forty-first Congress,” Section 34, Session III, chapters 61 and 62).The act — passed when the country was weakened and financially depleted inthe aftermath of the Civil War — was a strategic move by foreign interests(international bankers) who were intent upon gaining a stranglehold on thecoffers and neck of America. Congress cut a deal with the international bankers(specifically Rothschilds of London) to incur a DEBT to said bankers. Becausethe bankers were not about to lend money to a floundering nation withoutserious stipulations, they devised a way to get their foot in the door of theUnited States.The Act of 1871 formed a corporation called THE UNITED STATES. Thecorporation, OWNED by foreign interests, moved in and shoved the original Constitution into a dustbin. With the Act of 1871, the organic Constitution was defaced — in effect vandalized and sabotage — when the title was capitalized and the word “for” was changed to “of” in the title.
THE CONSTITUTION OF THE UNITED STATES OF AMERICA is the constitution ofthe incorporated UNITED STATES OF AMERICA. It operates in an economic capacity and has been used to fool the People into thinking it governs the Republic.
It does is not! Capitalization is NOT insignificant when one is referring to a legal document. This seemingly “minor” alteration has had a major impact on every subsequent generation of Americans. What Congress did by passing the Act of 1871 was create an entirely new document, a constitution for the
government of the District of Columbia, an INCORPORATED government.
This 11:30:44 AM]
Act of 1871
newly altered Constitution was not intended to benefit the Republic. It benefits only the corporation of the
UNITED STATES OF AMERICA and operates entirely outside the original (organic) Constitution. Instead of having absolute and unalienable rights guaranteed under the organic Constitution, we the people now have “relative” rights or privileges. One example is the Sovereign’s right to travel, which has now been transformed (under corporate government policy) into a “privilege” that requires citizens to be licensed. (Passports) By passing the Act of 1871, Congress committed TREASON against the People who were Sovereign under the grants and decrees
of the Declaration of Independence and the organic Constitution. The Act of 1871 became the
FOUNDATION of all the treason since committed by government officials.]
Dove: The following is an expansion and further explanation of the above read for your own edification. Whereas my Chapter 9 is a time-map of the major Headlines and Landmines of the 200-years-plus history of America, eachsubsequent chapter goes into particular details. This section is from Chapter 18,
“The Tale of Two Governments, which overall addresses the difference between a democracy and a republic as well as the fact of a federal government and a shadow government practicing under the guise of The Corporation I’m sure
The United States Isn’t a Country; It’s a Corporation! In preparation for stealing
America, the puppets of Britain’s banking cabal had already created a second
government, a Shadow Government designed to manage what the common
herd believed was a democracy, but what really was an incorporated UNITED
STATES. Together this chimera, this two-headed monster, disallowed the
common herd all rights of sui juris. [you, in your sovereignty]
Congress, with no authority to do so, created a separate form of government for
the District of Columbia, a ten-mile square parcel of land. WHY and HOW did
they do so? First, reminds us that the Civil War was, in fact, “little more than a calculated front with fancy footwork by backroom players.” Then she adds: “It was also a strategic maneuver by British and European interests (international bankers) intent on gaining a stranglehold on the coffers of America. And, because Congress knew our country was in dire financial straits, certain members of Congress cut a deal with the international bankers (in those days, the Rothschilds of London were dipping their fingers into everyone’s pie). . . . . There you have the WHY, why members of Congress permitted the international bankers to gain further control of America. . . . . .
“Then, by passing the Act of 1871, Congress formed a corporation known as
11:30:44 AM] Act of 1871
THE UNITED STATES. This corporation, owned by foreign interests, shoved the organic version of the Constitution aside by changing the word ‘for’ to ‘of’ in the title. Let me explain: the original Constitution drafted by the Founding Fathers read: ‘The Constitution for the united states of America.’ [note that neither the words ‘united’ nor ‘states’ began with capital letters] But the CONSTITUTION OF THE UNITED STATES OF AMERICA’ is a corporate constitution, which is absolutely NOT the same document you think it is. First of all, it ended all our rights of sovereignty [sui juris]. So you now have the HOW, how the international bankers got their hands on THE UNITED STATES OF AMERICA.”
To fully understand how our rights of sovereignty were ended, you must know the full meaning of sovereign: “Chief or highest, supreme power, superior in position to all others; independent of and unlimited by others; possessing or entitled to; original and independent authority or jurisdiction.” (Webster). In short, our government, which was created by and for us as sovereigns — free citizens deemed to have the highest authority in the land – was stolen from us, along with our rights. Keep in mind that, according to the original Constitution, only We the People are sovereign. Government is not sovereign. The Declaration of Independence say, “…government is subject to the consent of the governed.”
That’s us — the sovereigns. When did you last feet like a sovereign?
“It doesn’t take a rocket scientist or a constitutional historian to figure out that the U.S. Government has NOT been subject to the consent of the governed since long before you or I were born. Rather, the governed are subject to the whim and greed of the corporation, which has stretched its tentacles beyond the ten-mile-square parcel of land known as the District of Columbia. In fact, it has invaded every state of the Republic. Mind you, the corporation has NO jurisdiction beyond the District of Columbia. You just think it does. “You see, you are ‘presumed’ to know the law, which is very weird since We the People are taught NOTHING about the law in school. We memorize obscure facts and phrases here and there, like the Preamble, which says, ‘We the People…establish this Constitution for the United States of America.’ But our teachers only gloss over the Bill of Rights. Our schools (controlled by the corporate government) don’t delve into the Constitution at depth. After all, the corporation was established to indoctrinate and ‘dumb-down’ the masses, not to teach anything of value or importance. Certainly, no one mentioned that America was sold-out to foreign interests, that we were beneficiaries of the debt incurred by Congress, or that we were in debt to the international bankers. Yet, for generations, Americans have had the bulk of their earnings confiscated to pay a massive debt that they did not incur.
There’s an endless stream of things the People aren’t told. And, now that you are being told, how do you feel about being made the recipient of a debt without your knowledge or consent? “After passage of the Act of 1871 Congress set a series of subtle and overt deceptions into motion, deceptions in the form of decisions that were meant to sell us down the river. Over time, the Republic took it on the chin until it was knocked down and counted out by a technical KO [knock out]. With the surrender of the people’s gold in 1933, the ‘common herd’ was handed over to illegitimate law.
11:30:44 AM] Act of 1871
(I’ll bet you weren’t taught THAT in school.) “Our corporate form of governance is based on Roman Civil Law and Admiralty, or Maritime, Law, which is also known as the ‘Divine Right of Kings’ and the ‘Law of the Seas’ — another fact of American history not taught in our schools.
Actually, Roman Civil Law was fully established in the colonies before our nation began, and then became managed by private international law. In other words, the government — the government created for the District of Columbia via the Act of 1871 – operates solely under Private International Law, not Common Law, which was the foundation of our Constitutional Republic. “This fact has impacted all Americans in concrete ways. For instance, although Private International Law is technically only applicable within the District of Columbia, and NOT in the other states of the Union, the arms of the Corporation of the UNITED STATES are called ‘departments’ — i.e., the Justice Department, the Treasury Department. And those departments affect everyone, no matter where
(in what state) they live. Guess what? Each department belongs to the corporation — to the UNITED STATES. “Refer to any UNITED STATES CODE (USC). Note the capitalization; this is evidence of a corporation, not a Republic. For example, In Title 28 3002 (15) (A) (B) (C), it is unequivocally stated that the UNITED STATES is a corporation.
Translation: the corporation is NOT a separate and distinct entity; it is not disconnected from the government; it IS the government — your government. This is extremely important! I refer to it as the ‘corporate EMPIRE of the UNITED STATES,’ which operates under Roman Civil Law outside the original Constitution. How do you like being ruled by a corporation? You say you’ll ask your Congressperson about this? HA HA HA !! “Congress is fully aware of this deception.
So it’s time that you, too, become aware of the deception. What this great deception means is that the members of Congress do NOT work for us, for you and me. They work for the Corporation, for the UNITED STATES. No wonder we
can’t get them to do anything on our behalf, or meet or demands, or answer our questions. “Technically, legally, or any other way you want to look at the matter, the corporate government of the UNITED STATES has no jurisdiction or authority in ANY State of the Union (the Republic) beyond the District of Columbia. Let that tidbit sink in, then ask yourself, could this deception have occurred without full knowledge and complicity of the Congress? Do you think it happened by accident? If you do, you’re deceiving yourself.
“There are no accidents, no coincidences. Face the facts and confront the truth. Remember, you are presumed to know the law. THEY know you don’t know the law or, for that matter, your history. Why? Because no concerted effort was
ever made to teach or otherwise inform you. As a Sovereign, you are entitled to full disclosure of all facts. As a slave, you are entitled to nothing other than what the corporation decides to ‘give’ you. “Remember also that ‘Ignorance of the law is no excuse.’ It’s your responsibility and obligation to learn the law and know how it applies to you. No wonder the
11:30:44 AM] Act of 1871
corporation counted on the fact that most people are too indifferent, unconcerned, distracted, or lazy to learn what they need to know to survive within the system. We have been conditioned to let the government do our
thinking for us. Now’s the time to turn that around if we intend to help save ourRepublic and ourselves — before it’s too late. “As an instrument of the international bankers, the UNITED STATES owns you from birth to death. It also holds ownership of all your assets, of your property, even of your children. Think long and hard about all the bills taxes, fines, and licenses you have paid for or purchased. Yes, they had you by the pockets. If
you don’t believe it, read the 14th Amendment. See how ‘free’ you really are. Ignorance of the facts led to your silence. Silence is construed as consent; consent to be beneficiaries of a debt you did not incur. As a Sovereign People we have been deceived for hundreds of years; we think we are free, but in truth we are servants of the corporation. “Congress committed treason against the People in 1871. Honest men could have corrected the fraud and treason. But apparently there weren’t enough honest men to counteract the lust for money and power. We lost more freedom than we will ever know, thanks to corporate infiltration of our so-called ‘government.’ “Do you think that any soldier who died in any of our many wars would have fought if he or she had known the truth? Do you think one person would have laid down his/her life for a corporation? How long will we remain silent? How long will we perpetuate the MYTH that we are free? When will we stand together as One Sovereign People? When will we take back what has been as stolen from the us? “If the People of America had known to what extent their trust was betrayed,
how long would it have taken for a real revolution to occur? What we now need is a Revolution in THOUGHT. We need to change our thinking, then we can change our world. Our children deserve their rightful legacy — the liberty our ancestors fought to preserve, the legacy of a Sovereign and Fully Free People.”
11:30:44 AM] Act of 1871
11:30:44 AM]The District of Columbia Organic Act of 1871 aka “An Act to provide a Government for the District of Columbia (41st Congress, 3d Sess., ch. 62, 16 Stat. 419, enacted 1871-02-21) is an Act of Congress, which revoked the individual charters of the City of Washington, the City of Georgetown, and the County of Washington and created a new city government for the entire District of Columbia. The legislation effectively merged what had been separate municipalities within the federal territory into a single entity. It is for this reason that the city, while legally named the District of Columbia, is still commonly known as Washington, D.C. However, this act was abolished in 1874, and while the name did not change, the territorial Governor was replaced with a three-member Board of Commissioners appointed by the President. This system existed until 1974 when the District of Columbia Home Rule Act allowed for District residents to elect their own mayor.
Below is the text of the bill:
Approved December 24, 1973
PathToFreedomhttp://famguardian.org/Subjects/LawAndGovt/LawAndGovt.htm#SEDM
NOMINATION AND APPOINTMENT OF JUDGES
SEC. 433. [D.C. Code, Title 11, Appendix, 433] (a) Except as provided in section
434(d)(1), the President shall nominate, from the list of persons recommended by the District of
Columbia Judicial Nomination Commission established under section 434, and, by and with the
advice and consent of the Senate, appoint all judges of the District of Columbia courts.
(b) No person may be nominated or appointed a judge of a District of Columbia court
unless the person —
(1) is a citizen of the United States;
(2) is an active member of the unified District of Columbia Bar and has been
engaged in the active practice of law in the District for the five years immediately preceding the
nomination or for such five years has been on the faculty of a law school in the District, or has
been employed as a lawyer by the United States or the District of Columbia government;
(3) is a bona fide resident of the District of Columbia and has maintained an actual
place of abode in the District for at least ninety days immediately prior to the nomination, and
shall retain such residency while serving as such judge, except judges appointed prior to the
effective date of this part who retain residency as required by section 1501(a) of title 11 of the
District of Columbia Code shall not be required to be residents of the District to be eligible for
reappointment or to serve any term to which reappointed;
(4) is recommended to the President, for such nomination and appointment, by the
District of Columbia Judicial Nomination Commission; and
(5) has not served, within a period of two years prior to the nomination, as a
member of the Tenure Commission or of the District of Columbia Judicial Nomination
Commission.
(c) Not less than six months prior to the expiration of the judge’s term of office, any judge
of the District of Columbia courts may file with the Tenure Commission a declaration of
candidacy for reappointment. If a declaration is not so filed by any judge, a vacancy shall result
from the expiration of the term of office and shall be filled by appointment as provided in
subsections (a) and (b). If a declaration is so filed, the Tenure Commission shall, not less than
sixty days prior to the expiration of the declaring candidate’s term of office, prepare and submit to
the President a written evaluation of the declaring candidate’s performance during the present
term of office and the candidate’s fitness for reappointment to another term. If the Tenure
Commission determines the declaring candidate to be well qualified for reappointment to another
term, then the term of such declaring candidate shall be automatically extended for another full
term, subject to mandatory retirement, suspension, or removal. If the Tenure Commission
determines the declaring candidate to be qualified for reappointment to another term, then the
President may nominate such candidate, in which case the President shall submit to the Senate for
advice and consent the renomination of the declaring candidate as judge. If the President
determines not to so nominate such declaring candidate, the President shall nominate another
candidate for such position only in accordance with the provisions of subsections (a) and (b). If
the Tenure Commission determines the declaring candidate to be unqualified for reappointment to
another term, then the President shall not submit to the Senate for advice and consent the
renomination of the declaring candidate as judge and such judge shall not be eligible for
reappointment or appointment as a judge of a District of Columbia court.
DISTRICT OF COLUMBIA JUDICIAL NOMINATION COMMISSION
SEC. 434. [D.C. Code, Title 11, Appendix, 434] (a) There is established for the
District of Columbia the District of Columbia Judicial Nomination Commission (hereafter in this
section referred to as the “Commission”). The Commission shall consist of seven members
selected in accordance with the provisions of subsection (b). Such members shall serve for terms
of six years, except that the member selected in accordance with subsection (b)(4)(A) shall serve
for five years; of the members first selected in accordance with subsection (b)(4)(B), one member
shall serve for three years and one member shall serve for six years; of the members first selected
in accordance with subsection (b)(4)(C), one member shall serve for a term of three years and one
member shall serve for five years; the member first selected in accordance with subsection
(b)(4)(D) shall serve for six years; and the member first appointed in accordance with subsection
(b)(4)(E) shall serve for six years. In making the respective first appointments according to
subsections (b)(4)(B) and (b)(4)(C), the Mayor and the Board of Governors of the unified District
of Columbia Bar shall designate, at the time of such appointments, which member shall serve for
the shorter term and which member shall serve for the longer term.
(b) (1) No person may be appointed to the Commission unless the person —
(A) is a citizen of the United States;
(B) is a bona fide resident of the District and has maintained an actual place
of abode in the District for at least 90 days immediately prior to appointment; and
(C) is not a member, officer, or employee of the legislative branch or of an
executive or military department or agency of the United States (listed in sections 101 and 102 of
title 5 of the United States Code); and (except with respect to the person appointed or designated
according to paragraph (4)(E)) is not an officer or employee of the judicial branch of the United
States, or an officer or employee of the District government (including its judicial branch).
(2) Any vacancy on the Commission shall be filled in the same manner in which the
original appointment was made. Any person so appointed to fill a vacancy occurring other than
upon the expiration of a prior term shall serve only for the remainder of the unexpired term of
such person’s predecessor.
(3) It shall be the function of the Commission to submit nominees for appointment
to positions as judges of the District of Columbia courts in accordance with section 433 of this
Act.
(4) In addition to all other qualifications listed in this section, lawyer members of
the Commission shall have the qualifications prescribed for persons appointed as judges for the
District of Columbia courts. Members of the Commission shall be appointed as follows:
(A) One member shall be appointed by the President of the United States.
(B) Two members shall be appointed by the Board of Governors of the
unified District of Columbia Bar, both of whom shall have been engaged in the practice of law in
the District for at least five successive years preceding their appointment.
(C) Two members shall be appointed by the Mayor, one of whom shall not
be a lawyer.
(D) One member shall be appointed by the Council, and shall not be a
lawyer.
(E) One member shall be appointed by the chief judge of the United States
District Court for the District of Columbia, and such member shall be an active or retired Federal
judge serving in the District.
(5) Members of the Commission shall serve without compensation for services
rendered in connection with their official duties on the Commission.
(c) (1) The Commission shall act only at meetings called by the Chairman or a majority of
the Commission held after notice has been given of such meeting to all Commission members.
Meetings of the Commission may be closed to the public. Section 742 of this Act [D.C. Code 1-1504] shall not apply to meetings of the Commission.
(2) The Commission shall choose annually, from among its members, a Chairman,
and such other officers as it may deem necessary. The Commission may adopt such rules of
procedures not inconsistent with this Act as may be necessary to govern the business of the
Commission.
(3) The District government shall furnish to the Commission, upon the request of
the Commission, such records, information, services, and such other assistance and facilities as
may be necessary to enable the Commission properly to perform its function. Information,
records, and other materials furnished to or developed by the Commission in the performance of
its duties under this section shall be privileged and confidential. Section 552 of title 5, United
States Code (known as the Freedom of Information Act), shall not apply to any such materials.
(d) (1) In the event of a vacancy in any position of the judge of a District of Columbia
court, the Commission shall, within sixty days following the occurrence of such vacancy, submit
to the President, for possible nomination and appointment, a list of three persons for each
vacancy. If more than one vacancy exists at one given time, the Commission must submit lists in
which no person is named more than once and the President may select more than one nominee
from one list. Whenever a vacancy will occur by reason of the expiration of such judge’s term of
office, the Commission’s list of nominees shall be submitted to the President not less than sixty
days prior to the occurrence of such vacancy. In the event the President fails to nominate, for
Senate confirmation, one of the persons on the list submitted to the President under this section
within sixty days after receiving such list, the Commission shall nominate, and with the advice and
consent of the Senate, appoint one of those persons to fill the vacancy for which such list was
originally submitted to the President.
(2) In the event any person recommended by the Commission to the President
requests that the recommendation be withdrawn, dies, or in any other way becomes disqualified to
serve as a judge of the District of Columbia courts, the Commission shall promptly recommend to
the President one person to replace the person originally recommended.
(3) In no instance shall the Commission recommend any person, who in the event
of timely nomination following a recommendation by the Commission, does not meet, upon such
nomination, the qualifications specified in section 433.
(4) Upon submission to the President, the name of any individual recommended
under this subsection shall be made public by the Judicial Nomination Commission.
PART D — DISTRICT BUDGET AND FINANCIAL MANAGEMENT
Subpart 1 — Budget and Financial Management
FISCAL YEAR
SEC. 441. [D.C. Code 47-101] The fiscal year of the District shall, beginning on
October 1, 1976, commence on the first day of October of each year and shall end on the thirtieth
day of September of the succeeding calendar year. Such fiscal year shall also constitute the budget
and accounting year. However, the fiscal year for the Armory Board shall begin on the first day of
January and shall end on the thirty-first day of December of each calendar year.
SUBMISSION OF ANNUAL BUDGET
SEC. 442. [D.C. Code 47-301] (a) At such time as the Council may direct, the Mayor
shall prepare and submit to the Council each year, and make available to the public, an annual
budget for the District of Columbia government which shall include:
(1) The budget for the forthcoming fiscal year in such detail as the Mayor
determines necessary to reflect the actual financial condition of the District government for such
fiscal year, and specify the agencies and purposes for which funds are being requested; and which
shall be prepared on the assumption that proposed expenditures resulting from financial
transactions undertaken on either an obligation or cash outlay basis, for such fiscal year shall not
exceed estimated resources from existing sources and proposed resources;
(2) An annual budget message which shall include supporting financial and
statistical information on the budget for the forthcoming fiscal year and information on the
approved budgets and expenditures for the immediately preceding three fiscal years;
(3) A multiyear plan for all agencies of the District government as required under
section 443 [D.C. Code 47-302];
(4) A multiyear capital improvements plan for all agencies of the District
government as required under section 444 [D.C. Code 47-303];
(5) A program performance report comparing actual performance of as many
programs as is practicable for the last completed fiscal year against proposed goals for such
programs for such year, and, in addition, presenting as many qualitative or quantitative measures
of program effectiveness as possible (including results of statistical sampling or other special
analyses), and indicating the status of efforts to comply with the reports of the District of
Columbia Auditor and the Comptroller General of the United States;
(6) An issue analysis statement consisting of a reasonable number of issues,
identified by the Council in its action on the budget in the preceding fiscal year, having significant
revenue or budgetary implications, and other similar issues selected by the Mayor, which shall
consider the cost and benefits of alternatives and the rationale behind action recommended or
adopted; and
(7) A summary of the budget for the forthcoming fiscal year designed for
distribution to the general public.
(b) The budget prepared and submitted by the Mayor shall include, but not be limited to,
recommended expenditures at a reasonable level for the forthcoming fiscal year for the Council,
the District of Columbia Auditor, the District of Columbia Board of Elections and Ethics, the
District of Columbia Judicial Nomination Commission, the Zoning Commission of the District of
Columbia, the Public Service Commission, the Armory Board, the Commission on Judicial
Disabilities and Tenure, and the District of Columbia Water and Sewer Authority.
(c) The Mayor from time to time may prepare and submit to the Council such proposed
supplemental or deficiency budget recommendations as in his judgment are necessary on account
of laws enacted after transmission of the budget or are otherwise in the public interest. The Mayor
shall submit with such proposals a statement of justifications, including reasons for their omission
from the annual budget. Whenever such proposed supplemental or deficiency budget
recommendations are in an amount which would result in expenditures in excess of estimated
resources, the Mayor shall make such recommendations as are necessary to increase resources to
meet such increased expenditures.
(d) The Mayor shall prepare and submit to the Council a proposed supplemental or
deficiency budget recommendation under subsection (c) [of this section] if the Council by
resolution requests the Mayor to submit such a recommendation.
MULTIYEAR PLAN
SEC. 443. [D.C. Code 47-302] The Mayor shall prepare and include in the annual
budget a multiyear plan for all agencies included in the District budget, for all sources of funding,
and for such program categories as the Mayor identifies. Such plan shall be based on the actual
experience of the immediately preceding three fiscal years, on the approved current fiscal year
budget, and on estimates for at least the four succeeding fiscal years. The plan shall include, but
not be limited to, provisions identifying:
(1) Future cost implications of maintaining programs at currently authorized levels,
including anticipated changes in wage, salary, and benefit levels;
(2) Future cost implications of all capital projects for which funds have already been
authorized, including identification of the amount of already appropriated but unexpended capital
project funds;
(3) Future cost implications of new, improved, or expanded programs and capital project
commitments proposed for each of the succeeding four fiscal years;
(4) The effects of current and proposed capital projects on future operating budget
requirements;
(5) Revenues and funds likely to be available from existing revenue sources at current
rates or levels;
(6) The specific revenue and tax measures recommended for the forthcoming fiscal year
and for the next following fiscal year necessary to balance revenues and expenditures;
(7) The actuarial status and anticipated costs and revenues of retirement systems covering
District employees; and
(8) Total debt service payments in each fiscal year in which debt service payments must be
made for all bonds which have been or will be issued, and all loans from the United States
Treasury which have been or will be received, to finance the total cost on a full funding basis of all
projects listed in the capital improvements plan prepared under section 444 [D.C. Code
47-303]; and for each such fiscal year, the percentage relationship of the total debt service
payments (with payments for issued and proposed bonds and loans from the United States
Treasury, received or proposed, separately identified) to the bonding limitation for the current and
forthcoming fiscal year as specified in section 603(b) [D.C. Code 47-313 (b)].
MULTIYEAR CAPITAL IMPROVEMENT PLAN
SEC. 444. [D.C. Code 47-303] The Mayor shall prepare and include in the annual
budget a multiyear capital improvements plan for all agencies of the District which shall be based
upon the approved current fiscal year budget and shall include:
(1) The status, estimated period of usefulness, and total cost of each capital project on a
full funding basis for which any appropriation is requested or any expenditure will be made in the
forthcoming fiscal year and at least four fiscal years thereafter, including an explanation of change
in total cost in excess of 5 per centum for any capital project included in the plan of the previous
fiscal year;
(2) An analysis of the plan, including its relationship to other programs, proposals, or
elements developed by the Mayor as the central planning agency for the District pursuant to
section 423 of this Act [D.C. Code 1-244];
(3) Identification of the years and amounts in which bonds would have to be issued, loans
made, and costs actually incurred on each capital project identified; and
(4) Appropriate maps or other graphics.
DISTRICT OF COLUMBIA COURTS’ BUDGET
SEC. 445. [D.C. Code, Title 11, Appendix, 445] The District of Columbia courts shall
prepare and annually submit to the Director of the Office of Management and Budget, for
inclusion in the annual budget, annual estimates of the expenditures and appropriations necessary
for the maintenance and operation of the District of Columbia court system. The courts
shall submit as part of their budgets both a multiyear plan and a multiyear capital improvements
plan and shall submit a statement presenting qualitative and quantitative descriptions of court
activities and the status of efforts to comply with reports of the Comptroller General of the United
States.
WATER AND SEWER AUTHORITY BUDGET
SEC. 445A. [D.C. Code 43-1691] (a) IN GENERAL.–The District of Columbia
Water and Sewer Authority established pursuant to the Water and Sewer Authority Establishment
and Department of Public Works Reorganization Act of 1996[, effective April 18, 1996 (D.C.
Law 11-111; D.C. Code 43-1661 et seq.)] shall prepare and annually submit to the Mayor, for
inclusion in the annual budget, annual estimates of the expenditures and appropriations necessary
for the operation of the Authority for the year. All such estimates shall be forwarded by the
Mayor to the Council for its action pursuant to sections 446 and 603(c) [D.C. Code 47-304
and 47-313(c)], without revision but subject to his recommendations. Notwithstanding any other
provision of this Act, the Council may comment or make recommendations concerning such
annual estimates, but shall have no authority under this Act to revise such estimates.
(b) PERMITTING EXPENDITURE OF EXCESS REVENUES FOR CAPITAL
PROJECTS IN EXCESS OF BUDGET.–Notwithstanding the amount appropriated for the
District of Columbia Water and Sewer Authority for capital projects for a fiscal year, if the
revenues of the Authority for the year exceed the estimated revenues of the Authority provided in
the annual budget of the District of Columbia for the fiscal year, the Authority may obligate or
expend an additional amount for capital projects during the year equal to the amount of such
excess revenues.
ENACTMENT OF APPROPRIATIONS BY CONGRESS
SEC. 446. [D.C. Code 47-304] The Council, within fifty calendar days after receipt of
the budget proposal from the Mayor, and after public hearing, shall by act adopt the annual
budget for the District of Columbia government. Any supplements thereto shall also be adopted
by act by the Council after public hearing. Such budget so adopted shall be submitted by the
Mayor to the President for transmission by him to the Congress. Except as provided in section
445A(b), section 467(d), section 471(c), section 472(d)(2), section 475(e)(2), section 483(d), and
section 490(f), (g), and (h)(3) [D.C. Code 43-1691(b), 47-326.1(d), 47-327(c), 47-328(d)(2),
47-330.1(e)(2), 47-331.2(d), and subsections (f), (g), and (h)(3) of 47-334], no amount may be
obligated or expended by any officer or employee of the District of Columbia government unless
such amount has been approved by Act of Congress, and then only according to such Act.
Notwithstanding any other provision of this Act, the Mayor shall not transmit any annual budget
or amendments or supplements thereto, to the President of the United States until the completion
of the budget procedures contained in this Act. After the adoption of the annual budget for a
fiscal year (beginning with the annual budget for fiscal year 1995), no reprogramming of amounts
in the budget may occur unless the Mayor submits to the Council a request for such
reprogramming and the Council approves the request, but only if any additional expenditures
provided under such request for an activity are offset by reductions in expenditures for another
activity.
CONSISTENCY OF BUDGET, ACCOUNTING, AND PERSONNEL SYSTEMS
SEC. 447. [D.C. Code 47-305] The Mayor shall implement appropriate procedures to
insure that budget, accounting, and personnel control systems and structures are synchronized for
budgeting and control purposes on a continuing basis. No employee shall be hired on a full-time
or part-time basis unless such position is authorized by act of Congress. Employees shall be
assigned in accordance with the program, organization, and fund categories specified in the act of
Congress authorizing such position. Hiring of temporary employees and temporary employee
transfers among programs shall be consistent with applicable acts of Congress and reprogramming
procedures to insure that costs are accurately associated with programs and sources of funding.
FINANCIAL DUTIES OF THE MAYOR
SEC. 448. [D.C. Code 47-310] (a) Subject to the limitations in section 603 [D.C. Code
47-313], the Mayor shall have charge of the administration of the financial affairs of the District
and to that end he shall:
(1) Supervise and be responsible for all financial transactions to insure adequate
control of revenues and resources and to insure that appropriations are not exceeded;
(2) Maintain systems of accounting and internal control designed to provide:
(A) Full disclosure of the financial results of the District government’s
activities;
(B) Adequate financial information needed by the District government for
management purposes;
(C) Effective control over and accountability for all funds, property, and
other assets;
(D) Reliable accounting results to serve as the basis for preparing and
supporting agency budget requests and controlling the execution of the budget;
(3) Submit to the Council a financial statement in any detail and at such times as
the Council may specify;
(4) Submit to the Council, by February 1 of each fiscal year, a complete financial
statement and report for the preceding fiscal year;
(5) Supervise and be responsible for the assessment of all property subject to
assessment and special assessments within the corporate limits of the District for taxation, prepare
tax maps, and give such notice of taxes and special assessments, as may be required by law;
(6) Supervise and be responsible for the levying and collection of all taxes, special
assessments, license fees, and other revenues of the District, as required by law, and receive all
moneys receivable by the District from the Federal Government or from any agency or
instrumentality of the District, except that this paragraph shall not apply to moneys from the
District of Columbia Courts;
(7) Have custody of all public funds belonging to or under the control of the
District, or any agency of the District government, and deposit all funds coming into his hands, in
such depositories as may be designated and under such terms and conditions as may be prescribed
by act of the Council;
(8) Have custody of all investments and invested funds of the District government,
or in possession of such government in a fiduciary capacity, and have the safekeeping of all bonds
and notes of the District and the receipt and delivery of District bonds and notes for transfer,
registration, or exchange; and
(9) Apportion the total of all appropriations and funds made available during the
fiscal year for obligation so as to prevent obligation or expenditure thereof in a manner which
would indicate a necessity for deficiency or supplemental appropriations for such fiscal year, and
with respect to all appropriations or funds not limited to a definite period, and all authorizations
to create obligations by contract in advance of appropriations, apportion the total of such
appropriations or funds or authorizations so as to achieve the most effective and economical use
thereof.
(b) Notwithstanding subsection (a) [of this section], the Mayor may make any payments
required by subsection (b) or subsection (c) of section 483 [D.C. Code 47-331.2(b) or (c)] and
take any actions authorized by an act of the Council under section 467(b) [D.C. Code
47-326.1(b)] or under subsection (a)(4)(A), or subsection (e), of section 490 [D.C. Code
47-334(a)(4)(A) or (e)].
ACCOUNTING SUPERVISION AND CONTROL
SEC. 449. [D.C. Code 47-312] The Mayor shall:
(1) Prescribe the forms of receipts, vouchers, bills, and claims to be used by all the
agencies, offices, and instrumentalities of the District government;
(2) Examine and approve all contracts, orders, and other documents by which the District
government incurs financial obligations, having previously ascertained that money has been
appropriated and allotted and will be available when the obligations shall become due and payable;
(3) Audit and approve before payment all bills, invoices, payrolls, and other evidences of
claims, demands, or charges against the District government and with the advice of the legal
officials of the District determine the regularity, legality, and correctness of such claims, demands,
or charges; and
(4) Perform internal audits of accounts and operations and agency records of the District
government, including the examination of any accounts or records of financial transactions, giving
due consideration to the effectiveness of accounting systems, internal control, and related
administrative practices of the respective agencies.
GENERAL AND SPECIAL FUNDS
SEC. 450. [D.C. Code 47-130] The General Fund of the District shall be composed of
those District revenues which on the effective date of this title [January 2, 1975] are paid into the
Treasury of the United States and credited either to the General Fund of the District or its
miscellaneous receipts, but shall not include any revenues which are applied by law to any special
fund existing on the date of enactment of this title [January 2, 1975]. The Council may from time
to time establish such additional special funds as may be necessary for the efficient operation of
the government of the District. All money received by any agency, officer, or employee of the
District in its or his official capacity shall belong to the District government and shall be paid
promptly to the Mayor for deposit in the appropriate fund, except that all money received by the
District of Columbia Courts shall be deposited in the Treasury of the United States or the Crime
Victims Fund.
SPECIAL RULES REGARDING CERTAIN CONTRACTS
SEC. 451 [D.C. Code 1-1130] (a) CONTRACTS EXTENDING BEYOND ONE
YEAR.– No contract involving expenditures out of an appropriation which is available for more
than one year shall be made for a period of more than five years unless, with respect to a
particular contract, the Council, by a two-thirds vote of its members present and voting,
authorizes the extension of such period for such contract. Such contracts shall be made pursuant
to criteria established by act of the Council.
(b) CONTRACTS EXCEEDING CERTAIN AMOUNT.–
(1) IN GENERAL.– No contract involving expenditures in excess of $1,000,000
during a 12-month period may be made unless the Mayor submits the contract to the Council for
its approval and the Council approves the contract (in accordance with criteria established by act
of the Council).
(2) DEEMED APPROVAL.– For purposes of paragraph (1), the Council shall be
deemed to approve a contract if —
(A) during the 10-day period beginning on the date the Mayor submits the
contract to the Council, no member of the Council introduces a resolution approving or
disapproving the contract; or
(B) during the 45-calendar day period beginning on the date the Mayor
submits the contract to the Council, the Council does not disapprove the contract.
(c) [MULTIYEAR CONTRACTS.–]
(1) The District may enter into multiyear contracts to obtain goods and services for
which funds would otherwise be available for obligation only within the fiscal year for which
appropriated.
(2) If the funds are not made available for the continuation of such a contract into
a subsequent fiscal year, the contract shall be cancelled or terminated, and the cost of cancellation
or termination may be paid from —
(A) appropriations originally available for the performance of the contract
concerned;
(B) appropriations currently available for procurement of the type of
acquisition covered by the contract, and not otherwise obligated; or
(C) funds appropriated for those payments.
(3) No contract entered into under this subsection shall be valid unless the Mayor
submits the contract to the Council for its approval and the Council approves the contract (in
accordance with criteria established by act of the Council). The Council shall be required to take
affirmative action to approve the contract within 45 days. If no action is taken to approve the
contract within 45 calendar days, the contract shall be deemed disapproved.
(d) EXEMPTION FOR CERTAIN CONTRACTS– The requirements of this section shall
not apply with respect to any of the following contracts:
(1) Any contract entered into by the Washington Convention Center Authority for
preconstruction activities, project management, design, or construction.
(2) Any contract entered into by the District of Columbia Water and Sewer
Authority established pursuant to the Water and Sewer Authority Establishment and Department
of Public Works Reorganization Act of 1996[, effective April 18, 1996 (D.C. Law 11-111; D.C.
Code 43-1661 et seq.)], other than contracts for the sale or lease of the Blue Plains Wastewater
Treatment Plant.
(3) At the option of the Council, any contract for a highway improvement project
carried out under title 23, United States Code.
ANNUAL BUDGET FOR THE BOARD OF EDUCATION
SEC. 452. [D.C. Code 31-104] With respect to the annual budget for the Board of
Education in the District of Columbia, the Mayor and the Council may establish the maximum
amount of funds which will be allocated to the Board, but may not specify the purposes for which
such funds may be expended or the amount of such funds which may be expended for the various
programs under the jurisdiction of the Board of Education. This section shall not apply with
respect to the annual budget for any fiscal year which is a control year (as defined in section
305(4) of the of the District of Columbia Financial Responsibility and Management Assistance
Act of 1995[, approved April 17, 1995 ( 109 Stat. 152; D.C. Code 47-393(4))]).
REDUCTIONS IN BUDGETS OF INDEPENDENT AGENCIES
SEC. 453. [D.C. Code 47-304.1] (a) In accordance with subsection (b) [of this section]
and except as provided in subsection (c) [of this section], the Mayor may reduce amounts
appropriated or otherwise made available to independent agencies of the District of Columbia
(including the Board of Education) for a fiscal year if the Mayor determines that it is necessary to
reduce such amounts to balance the District’s budget for the fiscal year.
(b) (1) The Mayor may not make any reduction pursuant to subsection (a) [of this
section] unless the Mayor submits a proposal to make such a reduction to the Council and the
Council approves the proposal.
(2) A proposal submitted by the Mayor under paragraph (1) [of this subsection]
shall be deemed to be approved by the Council:
(A) If no member of the Council files a written objection to the proposal
with the Secretary of the Council before the expiration of the 10-day period that begins on the
date the Mayor submits the proposal; or
(B) If a member of the Council files such a written objection during the
period described in subparagraph (A) [of this paragraph], if the Council does not disapprove the
proposal prior to the expiration of the 45-day period that begins on the date the member files the
written objection.
(3) The periods described in subparagraphs (A) and (B) of paragraph (2) [of this
subsection] shall not include any days which are days of recess for the Council (according to the
Council’s rules).
(c) Subsection (a) [of this section] shall not apply to amounts appropriated or otherwise
made available to the Council, the District of Columbia Financial Responsibility and Management
Assistance Authority established under section 101(a) of the District of Columbia Financial
Responsibility and Management Assistance Act of 1995[, approved April 17, 1995 (109 Stat. 100;
D.C. Code 47-391.1(a)], or the District of Columbia Water and Sewer Authority established
pursuant to [section 202 of] the Water and Sewer Authority Establishment and Department of
Public Works Reorganization Act of 1996[, effective April 18, 1996 (D.C. Law 11-111; D.C.
Code 43-1672].
Subpart 2 — Audit
DISTRICT OF COLUMBIA AUDITOR
SEC. 455. [D.C. Code 47-117]. (a) There is established for the District of Columbia the
Office of District of Columbia Auditor who shall be appointed by the Chairman, subject to the
approval of a majority of the Council. The District of Columbia Auditor shall serve for a term of
six years and shall be paid at a rate of compensation as may be established from time to time by
the Council.
(b) The District of Columbia Auditor shall each year conduct a thorough audit of the
accounts and operations of the government of the District in accordance with such principles and
procedures and under such rules and regulations as he may prescribe. In the determination of the
auditing procedures to be followed and the extent of the examination of vouchers and other
documents and records, the District of Columbia Auditor shall give due regard to generally
accepted principles of auditing including the effectiveness of the accounting organizations and
systems, internal audit and control, and related administrative practices.
(c) The District of Columbia Auditor shall have access to all books, accounts, records,
reports, findings and all other papers, things, or property belonging to or in use by any
department, agency, or other instrumentality of the District government and necessary to facilitate
the audit.
(d) The District of Columbia Auditor shall submit his audit reports to the Congress, the
Mayor, and the Council. Such reports shall set forth the scope of the audits conducted by him and
shall include such comments and information as the District of Columbia Auditor may deem
necessary to keep the Congress, the Mayor, and the Council informed of the operations to which
the reports relate, together with such recommendations with respect thereto as he may deem
advisable.
(e) The Council shall make such report, together with such other material as it deems
pertinent thereto, available for public inspection.
(f) The Mayor shall state in writing to the Council, within an appropriate time, what
action he has taken to effectuate the recommendations made by the District of Columbia Auditor
in his reports.
(g) This section shall not apply to the District of Columbia Courts or the accounts and
operations thereof.
PERFORMANCE AND FINANCIAL ACCOUNTABILITY
SEC. 456. (a) [D.C. Code 47-231] PERFORMANCE ACCOUNTABILITY PLAN. –
(1) SUBMISSION OF ANNUAL PLAN.–Not later than March 1 of each year
(beginning with 1998), the District of Columbia Financial Responsibility and Management
Assistance Authority shall develop and submit to the Committee on Government Reform and
Oversight of the House of Representatives, the Committee on Governmental Affairs of the
Senate, the Committees on Appropriations of the House of Representatives and the Senate, and
the Comptroller General a performance accountability plan for all departments, agencies, and
programs of the government of the District of Columbia for the subsequent fiscal year.
(2) CONTENTS OF PLAN.–The performance accountability plan for a fiscal
year shall contain the following:
(A) A statement of measurable, objective performance goals established for
all significant activities of the government of the District of Columbia during the fiscal year
(including activities funded in whole or in part by the District but performed in whole or in part by
some other public or private entity) that describe an acceptable level of performance by the
government and a superior level of performance by the government.
(B) A description of the measures of performance to be used in
determining whether the government has met the goals established under paragraph (1) of this
subsection with respect to an activity for a fiscal year. Such measures shall analyze the quantity
and quality of the activities involved, and shall include measures of program outcomes and results.
(C) The title of the District of Columbia management employee most
directly responsible for the achievement of each goal and the title of such employee’s immediate
supervisor or superior.
(3) DESCRIPTION OF ACTIVITIES SUBJECT TO COURT ORDER.–In
addition to the material included in the performance accountability plan for a fiscal year under
paragraph (2) [of this section], the plan shall include a description of the activities of the
government of the District of Columbia that are subject to a court order during the fiscal year and
the requirements placed on such activities by the court order.
(b) [D.C. Code 47-232] PERFORMANCE ACCOUNTABILITY REPORT.–
(1) SUBMISSION OF REPORT.–Not later than March 1 of each year (beginning
with 1999), the Authority shall develop and submit to the Committee on Government Reform and
Oversight of the House of Representatives, the Committee on Governmental Affairs of the
Senate, the Committees on Appropriations of the House of Representatives and the Senate, and
the Comptroller General a performance accountability report on activities of the government of
the District of Columbia during the fiscal year ending on the previous September 30.
(2) CONTENTS OF REPORT.–The performance accountability report for a
fiscal year shall contain the following:
(A) For each goal of the performance accountability plan submitted under
subsection (a) [D.C. Code 47-231] for the year, a statement of the actual level of performance
achieved compared to the stated goal for an acceptable level of performance and the goal for a
superior level of performance.
(B) The title of the District of Columbia management employee most
directly responsible for the achievement of each goal and the title of such employee’s immediate
supervisor or superior.
(C) A statement of the status of any court orders applicable to the
government of the District of Columbia during the year and the steps taken by the government to
comply with such orders.
(3) EVALUATION OF REPORT.–The Comptroller General, in consultation
with the Director of the Office of Management and Budget, shall review and evaluate each
performance accountability report submitted under this subsection and not later than April 15 of
each year shall submit comments on such report to the Committee on Government Reform and
Oversight of the House of Representatives, the Committee on Governmental Affairs of the
Senate, and the Committees on Appropriations of the House of Representatives and the Senate.
(c) [D.C. Code 47-233] FINANCIAL ACCOUNTABILITY PLAN AND REPORT.–
(1) DEVELOPMENT AND SUBMISSION.–Not later than March 1 of each year
(beginning with 1997), the Chief Financial Officer shall develop and submit to the Committee on
Government Reform and Oversight of the House of Representatives, the Committee on
Governmental Affairs of the Senate, the Committees on Appropriations of the House of
Representatives and the Senate, and the Comptroller General a 5-year financial plan for the
government of the District of Columbia that contains a description of the steps the government
will take to eliminate any differences between expenditures from, and revenues attributable to,
each fund of the District of Columbia during the first 5 fiscal years beginning after the submission
of the plan.
(2) REPORT ON COMPLIANCE.–
(A) SUBMISSION OF REPORT.–Not later than March 1 of every year
(beginning with 1999), the Chief Financial Officer shall submit a report to the Committee on
Government Reform and Oversight of the House of Representatives, the Committee on
Governmental Affairs of the Senate, the Committees on Appropriations of the House of
Representatives and the Senate, the Comptroller General, and the Director of the Congressional
Budget Office on the extent to which the government of the District of Columbia was in
compliance during the preceding fiscal year with the applicable requirements of the financial
accountability plan submitted for such fiscal year under this subsection.
(B) EVALUATION OF REPORT.–The Comptroller General, in
consultation with the Director of the Congressional Budget Office, shall review and evaluate the
financial accountability compliance report submitted under subparagraph (A) [of this paragraph]
and not later than April 15 of each year shall submit comments on such report to the Committee
on Government Reform and Oversight of the House of Representatives, the Committee on
Governmental Affairs of the Senate, and the Committees on Appropriations of the House of
Representatives and the Senate.
(d) [D.C. Code 47-234] QUARTERLY FINANCIAL REPORTS.–
(1) Submission of quarterly financial reports. Not later than fifteen days after the
end of every calendar quarter (beginning with a report for the quarter beginning October 1, 1997),
the Chief Financial Officer shall submit to the Committee on Government Reform and Oversight
of the House of Representatives, the Committee on Governmental Affairs of the Senate, and the
Subcommittees on the District of Columbia of the Committees on Appropriations of the House of
Representatives and the Senate, a report on the financial and budgetary status of the government
of the District of Columbia for the previous quarter.
(2) Contents of report. Each quarterly financial report submitted under paragraph
(1) [of this subsection] shall include the following information:
(A) A comparison of actual to forecasted cash receipts and disbursements
for each month of the quarter, as presented in the District’s fiscal year consolidated cash forecast
which shall be supported and accompanied by cash forecasts for the general fund and each of the
District government’s other funds other than the capital projects fund and trust and agency funds;
(B) A projection of the remaining months cash forecast for that fiscal year.
(C) Explanations of (i) the differences between actual and forecasted cash
amounts for each of the months in the quarter, and (ii) any changes in the remaining months
forecast as compared to the original forecast for such months of that fiscal year.
(D) The effect of such changes, actual and projected, on the total cash
balance of the remaining months and for the fiscal year.
(E) Explanations of the impact on meeting the budget, how the results may
be reflected in a supplemental budget request, or how other policy decisions may be necessary
which may require the agencies to reduce expenditures in other areas.
(F) An aging of the outstanding receivables and payables, with an
explanation of how they are reflected in the forecast of cash receipts and disbursements.
(G) For each department or agency, the actual number of full-time
equivalent positions, the actual number of full-time employees, the actual number of part-time
employees, and the actual number of temporary employees, together with the source of funding
for each such category of positions and employees.
(H) A statement of the balance of each account held by the District of Columbia Financial Responsibility and Management Assistance Authority as of the end of the quarter, together with a description of the activities within each such account during the quarter based on information supplied by the Authority.
(e) [D.C. Code 47-235] SUBMISSION OF REPORTS TO DISTRICT OF
COLUMBIA FINANCIAL RESPONSIBILITY AND MANAGEMENT ASSISTANCE
AUTHORITY.–
In the case of any report submitted by the Mayor under this section for a fiscal year (or
any quarter of a fiscal year) which is a control year under the District of Columbia Financial
Responsibility and Management Assistance Act of 1995, the Mayor shall submit the report to the
District of Columbia Financial Responsibility and Management Assistance Authority established
under section 101(a) of such Act [D.C. Code 47-391.1(a)] in addition to any other individual to
whom the Mayor is required to submit the report under this section.
PART E — BORROWING
Subpart 1 — Borrowing
DISTRICT’S AUTHORITY TO ISSUE AND REDEEM GENERAL OBLIGATION
BONDS FOR CAPITAL PROJECTS
SEC. 461. [D.C. Code 47-321] General obligation bonds – Authority to issue; right to
redeem.
(a) (1) Subject to the limitations in section 603(b) [D.C. Code 47-313(b)], the District
may incur indebtedness by issuing general obligation bonds to refund indebtedness of the District
at any time outstanding, to finance the outstanding accumulated operating deficit of the general
fund of the District of $331,589,000, existing as of September 30, 1990, to finance or refund the
outstanding accumulated operating deficit of the general fund of the District of $500,000,000,
existing as of September 30, 1997, and to provide for the payment of the cost of acquiring or
undertaking its various capital projects. Such bonds shall bear interest, payable on such dates, at
such rate or rates and at such maturities as the Mayor, subject to the provisions of section 462 of
this Act [D.C. Code 47-322], may from time to time determine to be necessary to make such
bonds marketable.
(2) The District may not issue any general obligation bonds to finance the
operating deficit described in paragraph (1) [of this subsection] after September 30, 1992.
(b) The District may reserve the right to redeem any or all of its obligations before
maturity in such manner and at such price as may be fixed by the Mayor prior to the issuance of
such obligations.
CONTENTS OF BORROWING LEGISLATION AND ELECTIONS ON ISSUING
GENERAL OBLIGATION BONDS
SEC. 462. [D.C. Code 47-322] (a) The Council may by act authorize the issuance of
general obligation bonds for the purposes specified in section 461 [D.C. Code 47-321]. Such an
Act shall contain, at least, provisions–
(1) Briefly describing each project to be financed by the Act;
(2) Identifying the act authorizing each such project;
(3) Setting forth the maximum amount of the principal of the indebtedness which
may be incurred for the projects to be financed;
(4) Setting forth the maximum rate of interest to be paid on such indebtedness;
(5) Setting forth the maximum allowable maturity for the issue and the maximum
debt service payable in any year; and
(6) Setting forth, in the event that the Council determines in its discretion to
submit the question of issuing such bonds to a vote of the qualified voters of the District, the
manner of holding such election, the date of such election, the manner of voting for or against the
incurring of such indebtedness, and the form of ballot to be used at such election.
(b) Any election held on the question of issuing general obligation bonds must be held
before the act authorizing the issuance of such bonds is transmitted to the Speaker of the House
of Representatives and the President of the Senate pursuant to section 602(c) [D.C. Code
1-233(c)].
(c) Notwithstanding section 602(c)(1) [D.C. Code 1-233(c)(1)], the provisions required
by paragraph (6) of subsection (a) [of this section] to be included in any act authorizing the
issuance of general obligation bonds shall take effect on the date of the enactment of such act.
PUBLICATION OF BORROWING LEGISLATION
SEC. 463. [D.C. Code 47-323] (a) After each act of the Council of the District of
Columbia under section 462(a) [D.C. Code 47-322(a)] authorizing the issuance of general
obligation bonds has taken effect, the Mayor shall publish such act at least once in at least 1
newspaper of general circulation within the District together with a notice that such act has taken
effect. Each such notice shall be in substantially the following form:
“NOTICE
NEXT PAGE
“The following act of the Council of the District of Columbia (published with this notice)
authorizing the issuance of general obligation bonds has taken effect. As provided in the District
of Columbia Self-Government and Governmental Reorganization Act, the time within which a
suit, action, or proceeding questioning the validity of such bonds may be commenced expires at
the end of the 20-day period beginning on the date of the first publication of this notice.
“_______________ ,
“Mayor.”
(b) Neither the failure to publish the notice provided for in subsection (a) [of this section]
nor any error in any publication of such notice shall impair the effectiveness of the act of the
Council authorizing the issuance of such bonds or the validity of any bond issued pursuant to such
act.
SHORT PERIOD OF LIMITATION
SEC. 464. [D.C. Code 47-324] (a) At the end of the 20-day period beginning on the
date of the first publication pursuant to the notice in section 463(a) [D.C. Code 47-323(a)] that
an act authorizing the issuance of general obligation bonds has taken effect:
(1) Any recital or statement of fact contained in such act or in the preamble or title
of such act shall be deemed to be true for the purpose of determining the validity of the bonds
authorized by such act, and the District and all others interested shall be estopped from denying
any such recital or statement of fact; and
(2) Such act, and all proceedings in connection with the authorization of the
issuance of such bonds including any election held on the question of issuing such bonds, shall be
deemed to have been duly and regularly taken, passed, and done by the District, in compliance
with this Act and all other applicable laws, for the purpose of determining the validity of such act
and proceedings; and no court shall have jurisdiction in any suit, action, or proceeding questioning
the validity of such act or proceedings except in a suit, action, or proceeding commenced before
the end of such 20-day period.
(b) At the end of the 20-day period beginning on the date of the first publication pursuant
to the notice in section 463(a) [D.C. Code 47-323(a)] that an act authorizing the issuance of
general obligation bonds has taken effect, no court shall have jurisdiction in any suit, action, or
proceeding questioning the validity of any general obligation bond issued pursuant to such act if:
(1) Such general obligation bond was purchased in good faith and for fair value;
and
(2) Such general obligation bond contains substantially the following statement
which shall bind the District of Columbia:
“It is hereby certified and recited that all conditions, acts, and things required by
the District of Columbia Self-Government and Governmental Reorganization Act
and other applicable laws to exist, to have happened, and to have been performed
precedent to and in the issuance of this bond exist, have happened, and have been
performed and that the issue of bonds, of which this is one, together with all other
indebtedness of the District of Columbia, is within every debt and other limit
prescribed by law.”
ISSUANCE OF GENERAL OBLIGATION BONDS
SEC. 465. [D.C. Code 47-325] (a) After an act of the Council authorizing the issuance
of general obligation bonds under section 461(a) [D.C. Code 47-321(a)] takes effect, the Mayor
may issue such general obligation bonds as authorized by such act of the Council. An issue of
general obligation bonds may be all or any part of the aggregate principal amount of bonds
authorized by such act.
(b) The principal amount of the general obligation bonds of each issue shall be payable in
annual installments beginning not more than three years after the date of such bonds and ending
not more than thirty years after such date.
(c) The general obligation bonds of each issue shall be executed by the manual or
facsimile signature of such officials as may be designated to sign such bonds by the act of the
Council authorizing the issuance of the bonds, except that at least one such signature shall be
manual. Coupons attached to the bonds shall be authenticated by the facsimile signature of the
Mayor unless the Council provides otherwise.
PUBLIC OR PRIVATE SALE
SEC. 466. [D.C. Code 47-326] (a) General obligation bonds issued under this part may
be sold at private sale on a negotiated basis (in such manner as the Mayor may determine to be in
the public interest), or may be sold at public sale upon sealed proposals after publication of a
notice of such sale at least once not less than ten days prior to the date fixed for sale in a daily
newspaper carrying municipal bond notices and devoted primarily to financial news or to the
subject of state and municipal bonds published in the city of New York, (New York), and in 1 or
more newspapers of general circulation published in the District. Such notice shall state, among
other things, that no proposal shall be considered unless there is deposited with the District as a
down-payment a certified check or cashier’s check for an amount equal to at least two per centum
of the par amount of general obligation bonds bid for, and the Mayor shall reserve the right to
reject any and all bids.
AUTHORITY TO CREATE SECURITY INTERESTS IN DISTRICT REVENUES
SEC. 467. [D.C. Code 47-326.1]. (a) IN GENERAL.–An act of the Council
authorizing the issuance of general obligation bonds or notes under section 461, section 471(a),
section 472(a), or section 475(a) [D.C. Code 47-321(a), 47-327(a), 47-328(a), or 47-330.1(a),
respectively] may create a security interest in any District revenues as additional security for the
payment of the bonds or notes authorized by such act.
(b) CONTENTS OF ACTS.–Any such act creating a security interest in District revenues
may contain provisions (which may be part of the contract with the holders of such bonds or
notes):
(1) Describing the particular District revenues which are subject to such security
interest;
(2) Creating a reasonably required debt service reserve fund or any other special
fund;
(3) Authorizing the Mayor of the District to execute a trust indenture securing the
bonds or notes;
(4) Vesting in the trustee under such a trust indenture such properties, rights,
powers, and duties in trust as may be necessary, convenient, or desirable;
(5) Authorizing the Mayor of the District to enter into and amend agreements
concerning:
(A) The custody, collection, use, disposition, security, investment, and
payment of the proceeds of the bonds or notes and the District revenues which are subject to such
security interest; and
(B) The doing of any act (or the refraining from doing any act) that the
District would have the right to do in the absence of such an agreement;
(6) Prescribing the remedies of the holders of the bonds in the event of a default;
and
(7) Authorizing the Mayor of the District to take any other actions in connection
with the issuance, sale, delivery, security, and payment of the bonds or notes.
(c) TIMING AND PERFECTION OF SECURITY INTERESTS.–Notwithstanding
article 9 of title 28 of the District of Columbia Code, any security interest in District revenues
created under subsection (a) [of this section] shall be valid, binding, and perfected from the time
such security interest is created, with or without the physical delivery of any funds or any other
property and with or without any further action. Such security interest shall be valid, binding, and
perfected whether or not any statement, document, or instrument relating to such security interest
is recorded or filed. The lien created by such security interest is valid, binding, and perfected with
respect to any individual or legal entity having claims against the District, whether or not such
individual or legal entity has notice of such lien.
(d) OBLIGATIONS AND EXPENDITURES NOT SUBJECT TO APPROPRIATION.–The 4th sentence of section 446 [D.C. Code 47-304] shall not apply to any obligation or
expenditure of any District revenues to secure any general obligation bond or note under
subsection (a) [of this section].
Subpart 2 — Short-Term Borrowing
BORROWING TO MEET APPROPRIATIONS
SEC. 471. [D.C. Code 47-327]. (a) In the absence of unappropriated revenues available
to meet appropriations made pursuant to section 446 [D.C. Code 47-304], the Council may by
act authorize the issuance of general obligation notes. The total amount of all such general
obligation notes originally issued during a fiscal year shall not exceed 2 per centum of the total
appropriations for the District for such fiscal year.
(b) Any general obligation note issued under subsection (a) [of this section], as authorized
by an act of the Council, may be renewed. Any such note, including any renewal of such note,
shall be due and payable not later than the last day of the fiscal year occurring immediately after
the fiscal year during which the act authorizing the original issuance of such note takes effect.
(c) The 4th sentence of section 446 [D.C. Code 47-304] shall not apply to any amount
obligated or expended by the District for the payment of the principal of, interest on, or
redemption premium for any general obligation note issued under subsection (a) [of this section].
BORROWING IN ANTICIPATION OF REVENUES
SEC. 472. [D.C. Code 47-328] (a) IN GENERAL.–In anticipation of the collection or
receipt of revenues for a fiscal year, the Council may by act authorize the issuance of general
obligation notes for such fiscal year, to be known as revenue anticipation notes.
(b) LIMIT ON AGGREGATE NOTES OUTSTANDING.–The total amount of all
revenue anticipation notes issued under subsection (a) [of this section] outstanding at any time
during a fiscal year shall not exceed 20 percent of the total anticipated revenue of the District for
such fiscal year, as certified by the Mayor under this subsection. The Mayor shall certify, as of a
date which occurs not more than 15 days before each original issuance of such revenue
anticipation notes, the total anticipated revenue of the District for such fiscal year.
(c) PERMITTED OUTSTANDING DURATION.–Any revenue anticipation note issued
under subsection (a) [of this section] may be renewed. Any such note, including any renewal of
such note, shall be due and payable not later than the last day of the fiscal year during which the
note was originally issued.
(d) EFFECTIVE DATE OF AUTHORIZATION ACTS; PAYMENTS NOT SUBJECT
TO APPROPRIATION.–
(1) EFFECTIVE DATE.–Notwithstanding section 602(c)(1) [D.C. Code
1-233(c)(1)], any act of the Council authorizing the issuance of revenue anticipation notes under
subsection (a) [of this section] shall take effect–
(A) if such act is enacted during a control year (as defined in section 305(4)
of the District of Columbia Financial Responsibility and Management Assistance Act of 1995)
[D.C. Code 47-393(4)], on the date of approval by the District of Columbia Financial
Responsibility and Management Assistance Authority; or
(B) if such act is enacted during any other year, on the date of enactment of
such act.
(2) PAYMENTS NOT SUBJECT TO APPROPRIATION.– The fourth sentence
of section 446 [D.C. Code 47-304] shall not apply to any amount obligated or expended by the
District for the payment of the principal of, interest on, or redemption premium for any revenue
anticipation note issued under subsection (a) [of this section].
NOTES REDEEMABLE PRIOR TO MATURITY
SEC. 473. [D.C. Code 47-329] No notes issued pursuant to this part shall be made
payable on demand, but any note may be made subject to redemption prior to maturity on such
notice and at such time as may be stated in the note.
SALES OF NOTES
SEC. 474. [D.C. Code 47-330] All notes issued pursuant to this part may be sold at not
less than par and accrued interest at private sale without previous advertising.
BOND ANTICIPATION NOTES
SEC. 475. [D.C. Code 47-330.1] (a) AUTHORIZING ISSUANCE.–
(1) IN GENERAL.–In anticipation of the issuance of general obligation bonds, the
Council may by act authorize the issuance of general obligation notes to be known as bond
anticipation notes in accordance with this section.
(2) PURPOSES; PERMITTING ISSUANCE OF GENERAL OBLIGATION
BONDS TO COVER INDEBTEDNESS.–The proceeds of bond anticipation notes issued under
this section shall be used for the purposes for which general obligation bonds may be issued under
section 461 [D.C. Code 47-321], and such notes shall constitute indebtedness which may be
refunded through the issuance of general obligation bonds under such section.
(b) MAXIMUM ANNUAL DEBT SERVICE AMOUNT.–The Act of the Council
authorizing the issuance of bond anticipation notes shall set forth for the bonds anticipated by
such notes an estimated maximum annual debt service amount based on an estimated schedule of
annual principal payments and an estimated schedule of annual interest payments (based on an
estimated maximum average annual interest rate for such bonds over a period of 30 years from the
earlier of the date of issuance of the notes or the date of original issuance of prior notes in
anticipation of those bonds). Such estimated maximum annual debt service amount as estimated at
the time of issuance of the original bond anticipation notes shall be included in the calculation
required by section 603(b) [D.C. Code 47-313(b)] while such notes or renewal notes are
outstanding.
(c) PERMITTED OUTSTANDING DURATION.–Any bond anticipation note, including
any renewal note, shall be due and payable not later than the last day of the third fiscal year
following the fiscal year during which the note was originally issued.
(d) GENERAL AUTHORITY OF COUNCIL.–If provided for in [an] Act of the Council
authorizing such an issue of bond anticipation notes, bond anticipation notes may be issued in
succession, in such amounts, at such times, and bearing interest rates within the permitted
maximum authorized by such Act.
(e) EFFECTIVE DATE OF AUTHORIZATION ACTS; PAYMENTS NOT SUBJECT
TO APPROPRIATION.–
(1) EFFECTIVE DATE.– Notwithstanding section 602(c)(1) [D.C. Code 1-233(c)(1)], any act of the Council authorizing the renewal of bond anticipation notes under
subsection (c) [of this section] or the issuance of general obligation bonds under section 461(a)
[D.C. Code 47-321(a)] to refund any bond anticipation notes shall take effect–
(A) if such act is enacted during a control year (as defined in section 305(4)
of the District of Columbia Financial Responsibility and Management Assistance Act of 1995[,
approved April 17, 1995 ( 109 Stat. 152; D.C. Code 47-393(4))]), on the date of approval by
the District of Columbia Financial Responsibility and Management Assistance Authority; or
(B) if such act is enacted during any other year, on the date of enactment of
such act.
(2) PAYMENT NOT SUBJECT TO APPROPRIATION.–The fourth sentence of
[section] 446 [D.C. Code 47-304] shall not apply to any amount obligated or expended by the
District for the payment of the principal of, interest on, or redemption premium for any bond
anticipation note issued under this section.
Subpart 3 — Payment of Bonds and Notes
SPECIAL TAX
SEC. 481. [D.C. Code 47-331] (a) Any act of the Council authorizing the issuance of
general obligation bonds under section 461(a) [D.C. Code 47-321(a)] shall provide for the
annual levy of a special tax or charge, if the Council determines that such tax or charge is
necessary. Such tax or charge shall be levied, without limitation as to rate or amount, in amounts
which together with other District revenues available and applicable will be sufficient to pay the
principal of and interest on such general obligation bonds as they become due and payable. Such
tax or charge shall be levied and collected at the same time and in the same manner as other
District taxes are levied and collected, and when collected shall be set aside in a separate debt
service fund and irrevocably dedicated to the payment of such principal and interest.
(b) The Comptroller General of the United States shall make annual audits of the amounts
set aside and deposited in each debt service fund pursuant to subsection (a) [of this section].
FULL FAITH AND CREDIT OF THE DISTRICT
SEC. 482. [D.C. Code 47-331.1] The full faith and credit of the District is pledged for
the payment of the principal of and interest on any general obligation bond or note issued under
section 461(a), section 471(a), or section 472(a) [D.C. Code 47-321(a), 47-327(a), or
47-328(a)], whether or not such pledge is stated in such bond or note or in the act authorizing the
issuance of such bond or note.
PAYMENT OF THE GENERAL OBLIGATION BONDS AND NOTES
SEC. 483. [D.C. Code 47-331.2] (a) The Council shall provide in each annual budget
for the District of Columbia government for a fiscal year adopted by the Council pursuant to
section 446 [D.C. Code 47-304] sufficient funds to pay the principal of and interest on all
general obligation bonds or notes issued under section 461(a), section 471(a), or section 472(a)
[D.C. Code 47-321(a), 47-327(a), or 47-328(a)] becoming due and payable during such
fiscal year.
(b) The Mayor shall insure that the principal of and interest on all general obligation
bonds and notes issued under section 461(a), section 471(a), or section 472(a) [D.C. Code
47-321(a), 47-327(a), or 47-328(a) are paid when due, including by paying such principal
and interest from funds not otherwise legally committed.
(c) [Repealed by section 11601(b)(1)(B) of the National Capital Revitalization and Self-Government Improvement Act of 1997, approved August 5, 1997 (P.L. 105-33; 111 Stat. 251.]
(d) The 4th sentence of section 446 [D.C. Code 47-304] shall not apply to:
(1) Any amount set aside in a debt service fund under section 481(a) [D.C. Code
47-331(a)];
(2) Any amount obligated or expended for the payment of the principal of, interest
on, or redemption premium for any general obligation bond or note issued under section 461(a),
section 471(a), or section 472(a) [D.C. Code 47-321(a), 47-327(a), or 47-328(a)];
(3) Any amount obligated or expended as provided by the Council in any annual
budget for the District of Columbia government pursuant to subsection (a) [of this section] or as
provided by any amendment or supplement to such budget; or
(4) Any amount obligated or expended by the Mayor pursuant to subsection (b) or
(c) [of this section].
Subpart 4 — Full Faith and Credit of the Unites States
FULL FAITH AND CREDIT OF UNITED STATES NOT PLEDGED
SEC. 484. [D.C. Code 47-331.3] The full faith and credit of the United States is not
pledged for the payment of any principal of or interest on any bond, note, or other obligation
issued by the District under this part. The United States is not responsible or liable for the
payment of any principal of or interest on any bond, note, or other obligation issued by the
District under this part.
Subpart 5 — Tax Exemptions; Legal Investment; Water Pollution;
Reservoirs; Metro Contributions; and Revenue Bonds
TAX EXEMPTION
SEC. 485. [D.C. Code 47-332] Bonds and notes issued by the Council pursuant to this
title and the interest thereon shall be exempt from all federal and District taxation except estate,
inheritance, and gift taxes.
LEGAL INVESTMENT
SEC. 486. [D.C. Code 47-333] Notwithstanding any restriction on the investment of
funds by fiduciaries contained in any other law, all domestic insurance companies, domestic
insurance associations, executors, administrators, guardians, trustees, and other fiduciaries within
the District may legally invest any sinking funds, moneys, trust funds, or other funds belonging to
them or under or within their control in any bonds issued pursuant to this title, it being the
purpose of this section to authorize the investment in such bonds or notes of all sinking,
insurance, retirement, compensation, pension, and trust funds. National banking associations are
authorized to deal in, underwrite, purchase and sell, for their own accounts or for the accounts of
customers, bonds and notes issued by the Council to the same extent as national banking
associations are authorized by paragraph seven of section 5136 of the Revised Statutes (12
U.S.C. 24), to deal in, underwrite, purchase and sell obligations of the United States, states, or
political subdivisions thereof. All federal building and loan associations and federal savings and
loan associations; and banks, trust companies, building and loan associations, and savings and
loan associations, domiciled in the District, may purchase, sell, underwrite, and deal in, for their
own account or for the account of others, all bonds or notes issued pursuant to this title. Nothing
contained in this section shall be construed as relieving any person, firm, association, or
corporation from any duty of exercising due and reasonable care in selecting securities for
purchase or investment.
WATER POLLUTION
SEC. 487. [D.C. Code 43-1615] (a) The Mayor shall annually estimate the amount of
the District’s principal and interest expense which is required to service District obligations
attributable to the Maryland and Virginia pro rata share of District sanitary sewage water works
and other water pollution projects which provide service to the local jurisdictions in those states.
Such amounts as determined by the Mayor pursuant to the agreements described in subsection (b)
[of this section] shall be used to exclude the Maryland and Virginia share of pollution projects
cost from the limitation on the District’s capital project obligations as provided in section 603(b)
[D.C. Code 47-313 (b)].
(b) The Mayor shall enter into agreements with the states and local jurisdictions
concerned for annual payments to the District of rates and charges for waste treatment services in
accordance with the use and benefits made and derived from the operation of the said waste
treatment facilities. Each such agreement shall require that the estimated amount of such rates and
charges will be paid in advance, subject to adjustment after each year. Such rates and charges shall
be sufficient to cover the cost of construction, interest on capital, operation and maintenance, and
the necessary replacement of equipment during the useful life of the facility.
COST OF RESERVOIRS ON POTOMAC RIVER
SEC. 488. [D.C. Code 43-1553] (a) The Mayor is authorized to contract with the
United States, any state in the Potomac River basin, any agency or political subdivision thereof,
and any other competent state or local authority, with respect to the payment by the District to
the United States, either directly or indirectly, of the District’s equitable share of any part or parts
of the non-federal portion of the costs of any reservoirs authorized by the Congress for
construction on the Potomac River or any of its tributaries. Every such contract may contain such
provisions as the Mayor may deem necessary or appropriate.
(b) Unless hereafter otherwise provided by legislation enacted by the Council, all
payments made by the District and all moneys received by the District pursuant to any contract
made under the authority of this Act shall be paid from, or be deposited in, a fund designated by
the Mayor. Charges for water delivered from the District water system for use outside the District
may be adjusted to reflect the portions of any payments made by the District under contracts
authorized by this Act which are equitably attributable to such use outside the District.
(c) There are hereby authorized to be appropriated such sums as may be necessary to
carry out the purposes of this section.
DISTRICT’S CONTRIBUTIONS TO THE WASHINGTON METROPOLITAN AREA
TRANSIT AUTHORITY
SEC. 489. [D.C. Code 1-2455] Notwithstanding any provision of law to the contrary,
beginning with fiscal year 1976 the District share of the cost of the Adopted Regional System
described in this National Capital Transportation Act of 1969 (83 Stat. 320), may be payable from
the proceeds of the sale of District general obligation bonds issued pursuant to this title.
REVENUE BONDS AND OTHER OBLIGATIONS
SEC. 490 [D.C. Code 47-334]. (a)(1) Subject to paragraph (2) [of this subsection], the
Council may by act or by resolution authorize the issuance of taxable and tax-exempt revenue
bonds, notes, or other obligations to borrow money to finance, refinance, or reimburse and to
assist in the financing, refinancing, or reimbursing of or for capital projects and other undertakings
by the District or by any District instrumentality, or on behalf of any qualified applicant, including
capital projects or undertakings in the areas of housing; health facilities; transit and utility
facilities; manufacturing; sports, convention, and entertainment facilities; recreation, tourism and
hospitality facilities; facilities to house and equip operations of the District government or its
instrumentalities; public infrastructure development and redevelopment; elementary, secondary
and college and university facilities; educational programs which provide loans for the payment of
educational expenses for or on behalf of students; facilities used to house and equip operations
related to the study, development, application, or production of innovative commercial or
industrial technologies and social services; water and sewer facilities (as defined in paragraph (5)
[of this subsection]); pollution control facilities; solid and hazardous waste disposal facilities;
parking facilities, industrial and commercial development; authorized capital expenditures of the
District; and any other property or project that will, as determined by the Council, contribute to
the health, education, safety, or welfare, of, or the creation or preservation of jobs for, residents
of the District, or to economic development of the District, and any facilities or property, real or
personal, used in connection with or supplementing any of the foregoing; lease-purchase financing
of any of the foregoing facilities or property; and any costs related to the issuance, carrying,
security, liquidity or credit enhancement of or for revenue bonds, notes, or other obligations,
including, capitalized interest and reserves, and the costs of bond insurance, letters of credit, and
guaranteed investment, forward purchase, remarketing, auction, and swap agreements. Any such
financing, refinancing, or reimbursement may be effected by loans made directly or indirectly to
any individual or legal entity, by the purchase of any mortgage, note, or other security, or by the
purchase, lease, or sale of any property.
(2) Any revenue bond, note, or other obligation issued under paragraph (1) [of this
subsection] shall be a special obligation of the District and shall be a negotiable instrument,
whether or not such revenue bond, note, or other obligation is a security as defined in section
28:8-102(1)(a) of title 28 of the District of Columbia Code [D.C. Code 28:8-102(1)(a)].
(3) Any revenue bond, note, or other obligation issued under paragraph (1) [of this
subsection] shall be paid and secured (as to principal, interest, and any premium) as provided by
the act or resolution of the Council authorizing the issuance of such revenue bond, note, or other
obligation. Any act or resolution of the Council, or any delegation of Council authority under
subsection (a)(6) [of this section], authorizing the issuance of revenue bonds, notes, or other
obligations may provide for (A) the payment of such revenue bonds, notes, or other obligations
from any available revenues, assets, property (including water and sewer enterprise fund revenues,
assets, or other property in the case of bonds, notes, or obligations issued with respect to water
and sewer facilities), and (B) the securing of such revenue bond, note, or other obligation by the
mortgage of real property or the creation of a security interest in available revenues, assets, or
other property (including water and sewer enterprise fund revenues, assets, or other property in
the case of bonds, notes, or obligations issued with respect to water and sewer facilities).
(4)(A) In authorizing the issuance of any revenue bond, note, or other obligation
under paragraph (1) [of this subsection], the Council may enter into, or authorize the Mayor to
enter into, any agreement concerning the acquisition, use, or disposition of any available revenues,
assets, or property. Any such agreement may create a security interest in any available revenues,
assets, or property, may provide for the custody, collection, security, investment, and payment of
any available revenues (including any funds held in trust) for the payment of such revenue bond,
note, or other obligation, may mortgage any property, may provide for the acquisition,
construction, maintenance, and disposition of the undertaking financed or refinanced using the
proceeds of such revenue bond, note, or other obligation, and may provide for the doing of any
act (or the refraining from doing of any act) which the District has the right to do in the absence
of such agreement. Any such agreement may be assigned for the benefit of, or made a part of any
contract with, any holder of such revenue bond, note, or other obligation issued under paragraph
(1) [of this subsection].
(B) Notwithstanding article 9 of title 28 of the District of Columbia Code,
any security interest created under subparagraph (A) [of this paragraph] shall be valid, binding,
and perfected from the time such security interest is created, with or without the physical delivery
of any funds or any other property and with or without any further action. Such security interest
shall be valid, binding, and perfected whether or not any statement, document, or instrument
relating to such security interest is recorded or filed. The lien created by such security interest is
valid, binding, and perfected with respect to any individual or legal entity having claims against
the District, whether or not such individual or legal entity has notice of such lien.
(C) Any funds of the District held for the payment or security of any
revenue bond, note, or other obligation issued under paragraph (1) [of this subsection], whether
or not such funds are held in trust, may be secured in the manner agreed to by the District and any
depository of such funds. Any depository of such funds may give security for the deposit of such
funds.
(5) In paragraph (1) [of this subsection], the term “water and sewer facilities”
means facilities for the obtaining, treatment, storage, and distribution of water, the collection,
storage, treatment, and transportation of wastewater, storm drainage, and the disposal of liquids
and solids resulting from treatment.
(6)(A) The Council may by act delegate to any District instrumentality the
authority of the Council under subsection (a)(1) [of this section] to issue taxable or tax-exempt
revenue bonds, notes, or other obligations to borrow money for the purposes specified in this
subsection. For purposes of this paragraph, the Council shall specify for what undertakings
revenue bonds, notes, or other obligations may be issued under each delegation made pursuant to
this paragraph. Any District instrumentality may exercise the authority and the powers incident
thereto delegated to it by the Council as described in the first sentence of this paragraph only in
accordance with this paragraph and shall be consistent with this paragraph and the terms of the
delegation.
(B) Revenue bonds, notes, or other obligations issued by a
District instrumentality under a delegation of authority described in subparagraph (A) [of this
paragraph] shall be issued by resolution of that instrumentality, and any such resolution shall not
be considered to be an act of the Council.
(C) Nothing in this paragraph shall be construed as restricting, impairing,
or superseding the authority otherwise vested by law in any District instrumentality.
(b) No property owned by the United States may be mortgaged or made subject to any
security interest to secure any revenue bond, note, or other obligation issued under subsection
(a)(1) [of this section].
(c) Any and all such revenue bonds, notes, or other obligations issued under subsection
(a)(1) [of this section] shall not be general obligations of the District and shall not be a pledge of
or involve the faith and credit or the taxing power of the District (other than with respect to any
dedicated taxes) and shall not constitute a debt of the District, and shall not constitute lending of
the public credit for private undertakings for purposes of section 602(a)(2) [D.C. Code
1-233(a)(2)].
(d) Any and all such bonds, notes, or other obligations shall be issued pursuant to an act
of the Council without the necessity of submitting the question of such issuance to the registered
qualified electors of the District for approval or disapproval.
(e) Any act of the Council authorizing the issuance of revenue bonds, notes, or other
obligations under subsection (a)(1) [of this section] may–
(1) Briefly describe the purpose for which such bonds, notes, or other obligations
are to be issued;
(2) Identify the act authorizing such purpose;
(3) Prescribe the form, terms, provisions, manner, and method of issuing and
selling (including sale by negotiation or by competitive bid) such bonds, notes, or other
obligations;
(4) Provide for the rights and remedies of the holders of such bonds, notes, or
other obligations upon default;
(5) Prescribe any other details with respect to the issuance, sale, or securing of
such bonds, notes, or other obligations; and
(6) Authorize the Mayor to take any actions in connection with the issuance, sale,
delivery, security, and payment of such bonds, notes, or other obligations, including the
prescribing of any terms or conditions not contained in such act of the Council.
(f) The 4th sentence of section 446 [D.C. Code 47-304] shall not apply to–
(1) Any amount (including the amount of any accrued interest or premium)
obligated or expended from the proceeds of the sale of any revenue bond, note, or other
obligation issued under subsection (a)(1) [of this section];
(2) Any amount obligated or expended for the payment of the principal of, interest
on, or any premium for any revenue bond, note, or other obligation issued under subsection (a)(1)
[of this section];
(3) Any amount obligated or expended pursuant to provisions made to secure any
revenue bond, note, or other obligation issued under subsection (a)(1) [of this section]; and
(4) Any amount obligated or expended pursuant to commitments made in
connection with the issuance of revenue bonds, notes, or other obligations for repair,
maintenance, and capital improvements relating to undertakings financed through any revenue
bond, note, or other obligation issued under subsection (a)(1) [of this section].
(g) (1) The Council may delegate to any housing finance agency established by it
(whether established before or after April 12, 1980) the authority of the Council under subsection
(a) [of this section] to issue revenue bonds, notes, and other obligations to borrow money to
finance or assist in the financing of undertakings in the area of primarily low- and
moderate-income housing. The Council shall define for the purposes of the preceding sentence
what undertakings shall constitute undertakings in the area of primarily low- and
moderate-income housing. Any such housing finance agency may exercise authority delegated to
it by the Council as described in the first sentence of this paragraph (whether such delegation is
made before or after April 12, 1980) only in accordance with this subsection.
(2) Revenue bonds, notes, and other obligations issued by a housing finance
agency of the District under a delegation of authority described in paragraph (1) [of this
subsection] shall be issued by resolution of the agency, and any such resolution shall not be
considered to be an act of the Council.
(3) The 4th sentence of section 446 [D.C. Code 47-304] shall not apply to–
(A) Any amount (including the amount of any accrued interest or premium)
obligated or expended from the proceeds of the sale of any revenue bond, note, or other
obligation issued under subsection (g)(1) [paragraph (1) of this subsection];
(B) Any amount obligated or expended for the payment of the principal of,
interest on, or any premium for any revenue bond, note, or other obligation issued under
subsection (g)(1) [paragraph (1) of this subsection]; and
(C) Any amount obligated or expended to secure any revenue bond, note,
or other obligation issued under subsection (g)(1) [paragraph (1) of this subsection].
(h) (1) The Council may delegate to the District of Columbia Water and Sewer Authority
established pursuant to the Water and Sewer Authority Establishment and Department of Public
Works Reorganization Act of 1996[, effective April 18, 1996 (D.C. Law 11-111; D.C. Code
43-1661 et seq.)] the authority of the Council under subsection (a) [of this section] to issue
revenue bonds, notes, and other obligations to borrow money to finance or assist in the financing
or refinancing of undertakings in the area of utilities facilities, pollution control facilities, and
water and sewer facilities (as defined in subsection (a)(5) [of this section]). The Authority may
exercise authority delegated to it by the Council as described in the first sentence of this
paragraph (whether such delegation is made before or after the date of enactment of this
subsection [August 6, 1996]) only in accordance with this subsection.
(2) Revenue bonds, notes, and other obligations issued by the District of
Columbia Water and Sewer Authority under a delegation of authority described in paragraph (1)
[of this subsection] shall be issued by resolution of the Authority, and any such resolution shall
not be considered to be an act of the Council.
(3) The fourth sentence of section 446 [D.C. Code 47-304] shall not
apply to–
(A) Any amount (including the amount of any accrued interest or
premium) obligated or expended from the proceeds of the sale of any revenue bond, note, or
other obligation issued pursuant to this subsection;
(B) Any amount obligated or expended for the payment of the
principal of interest on, or any premium for any revenue bond, note, or other obligation issued
pursuant to this subsection;
(C) Any amount obligate or expended to secure any revenue bond,
not, or other obligation issued pursuant to this subsection; or
(D) Any amount obligated or expended for repair, maintenance, and
capita improvements to facilities financed pursuant to this subsection.
(i) The revenue bonds, notes, or other obligations issued under subsection (a)(1) [of this
section] are not general obligation bonds of the District government and shall not be included in
determining the aggregate amount of all outstanding obligations subject to the limitation specified
in section 603(b) [D.C. Code 47-313(b)].
(j) The issuance of revenue bonds, notes, or other obligations by the District where the
ultimate obligation to repay such revenue bonds, notes, or other obligations is that of one or more
non-governmental persons or entities may be authorized by resolution of the Council. The
issuance of all other revenue bonds, notes, or other obligations by the District shall be authorized
by act of the Council.
(k) During any control period (as defined in section 209 of the District of Columbia
Financial Responsibility and Management Assistance Act of 1995 [, approved April 17, 1995 (
109 Stat. 136; D.C. Code 47-392.9)]), any act or resolution of the Council authorizing the
issuance of revenue bonds, notes, or other obligations under subsection (a)(1) [of this section]
shall be submitted to the District of Columbia Financial Responsibility and Management
Assistance Authority for certification in accordance with section 204 of that Act [D.C. Code
47-392.4]. Any certification issued by the Authority during a control period shall be effective for
purposes of this subsection for revenue bonds, notes, or other obligations issued pursuant to such
act or resolution of the Council whether the revenue bonds, notes, or other obligations are issued
during or subsequent to that control period.
(l) The following provisions of law shall not apply with respect to property acquired, held,
and disposed of by the District in accordance with the terms of any lease-purchase financing
authorized pursuant to subsection (a)(1) [of this section]:
(1) The Act entitled “An Act authorizing the sale of certain real estate in the
District of Columbia no longer required for public purposes”, approved August 5, 1939 (53 Stat.
1211; DC Code sec. 9-401 et seq.) [D.C. Code 9-401 et seq.].
(2) Subchapter III of chapter 13 of title 16, District of Columbia Code.
(3) Any other provision of District of Columbia law that prohibits or restricts
lease-purchase financing.
(m) For purposes of this section, the following definitions shall apply:
(1) The term “revenue bonds, notes, or other obligations” means special fund
bonds, notes, or other obligations (including refunding bonds, notes, or other obligations) used to
borrow money to finance, assist in financing, refinance, or repay, restore or reimburse moneys
used for purposes referred to in subsection (a)(1) [of this section] the principal of and interest, if
any, on which are to be paid and secured in the manner described in this section and which are
special obligations and to which the full faith and credit of the District of Columbia is not pledged.
(2) The term “District instrumentality” means any agency or instrumentality
(including an independent agency or instrumentality), authority, commission, board, department,
division, office, body, or officer of the District of Columbia government duly established by an act
of the Council or by the laws of the United States, whether established before or after the date of
enactment of the District of Columbia Bond Financing Improvements Act of 1997 [August 5,
1997].
(3) The term “available revenues” means gross revenues and receipts, other than
general fund tax receipts, lawfully available for the purpose and not otherwise exclusively
committed to another purpose, including enterprise funds, grants, subsidies, contributions, fees,
dedicated taxes and fees, investment income and proceeds of revenue bonds, notes, or other
obligations issued under this section.
(4) The term “enterprise fund” means a fund or account for operations that are
financed or operated in a manner similar to private business enterprises, or established so that
separate determinations may more readily be made periodically of revenues earned, expenses
incurred, or net income for management control, accountability, capital maintenance, public
policy, or other purposes.
(5) The term “dedicated taxes and fees” means taxes and surtaxes, portions
thereof, tax increments, or payments in lieu of taxes, and fees that are dedicated pursuant to law
to the payment of the debt service on revenue bonds, notes, or other obligations authorized under
this section, the provision and maintenance of reserves for that purpose, or the provision of
working capital for or the maintenance, repair, reconstruction or improvement of the undertaking
to which the revenue bonds, notes, or other obligations relate.
(6) The term “tax increments” means taxes, other than the special tax provided for
in section 481 [D.C. Code 47-331] and pledged to the payment of general obligation
indebtedness of the District, allocable to the increase in taxable value of real property or the
increase in sales tax receipts, each from a certain date or dates, in prescribed areas, to the extent
that such increases are not otherwise exclusively committed to another purpose and as further
provided for pursuant to an act of the Council.
PART F — INDEPENDENT AGENCIES
BOARD OF ELECTIONS
SEC. 491. [Amendment to D.C. Code 1-1303] Section 3 of the District of Columbia
Elections Act (D.C. Code, sec. 1-1303) is amended to read as follows:
“SEC. 3. (a) There is created a District of Columbia Board of Elections and Ethics
(hereafter in this subchapter referred to as the ‘Board’), to be composed of three members, no
more than two of whom shall be of the same political party, appointed by the Mayor, with the
advice and consent of the Council. Members shall be appointed to serve for terms of three years,
except the members first appointed under this subchapter. One member shall be appointed to
serve for a one-year term, one member shall be appointed to serve for a two-year term, and one
member shall be appointed to serve for a three-year term, as designated by the Mayor.
“(b) Any person appointed to fill a vacancy on the Board shall be appointed only for the
unexpired term of the member whose vacancy he or she is filling.
“(c) A member may be reappointed, and, if not reappointed, the member shall serve until
his successor has been appointed and qualifies.
“(d) The Mayor shall, from time to time, designate the Chairman of the Board.”[.]
ZONING COMMISSION
SEC. 492 (a). [Amendment to D.C. Code 5-412] (a) The first sentence of the Act of
March 1, 1920 (D.C. Code, sec. 5-412), is amended to read as follows: “That (a) to protect the
public health, secure the public safety, and to protect property in the District of Columbia there is
created a Zoning Commission for the District of Columbia, which shall consist of the Architect of
the Capitol, the Director of the National Park Service, and three members appointed by the
Mayor, by and with the advice and consent of the Council. Each member appointed by the Mayor
shall serve for a term of 4 years, except of the members first appointed under this section–
“1) One member shall serve for a term of two years, as determined by the Mayor;
“(2) One member shall serve for a term of three years, as determined by the
Mayor; and
“(3) One member shall serve for a term of four years, as determined by the Mayor.
‘(b) Members of the Zoning Commission appointed by the Mayor shall be entitled to
receive compensation as determined by the Mayor, with the approval of a majority of the Council.
The remaining members shall serve without additional compensation.
“(c) Members of the Zoning Commission appointed by the Mayor may be reappointed.
Each member shall serve until his successor has been appointed and qualifies.
“(d) The Chairman of the Zoning Commission shall be selected by the members.
“(e) The Zoning Commission shall exercise all the powers and perform all the duties with
respect to zoning in the District as provided by law.”[.]
(b) The Act if June 20, 1938 (D.C. Code, sec. 5-413, et seq.), is amended as follows:
(1) [Amendment to D.C. Code 5-414] The first sentence of section 2 of such
Act (D.C. Code, sec. 5-414) is amended by striking out “Such regulations shall be made in
accordance with a comprehensive plan and” and inserting in lieu thereof “Zoning maps and
regulations, and amendments thereto, shall not be inconsistent with the comprehensive plan for
the national capital, and zoning regulations shall be”.
(2) [Amendment to D.C. Code 5-417] Section 5 of such Act (D.C. Code, sec.
5-417) is amended to read as follows:
“SEC. 5. (a) No zoning regulation or map, or any amendment thereto, may be adopted
by the Zoning Commission until the Zoning Commission–
“(1) has held a public hearing, after notice, on such proposed regulation, map, or
amendment; and
“(2) after such public hearing, submitted such proposed regulation, map, or
amendment to the National Capital Planning Commission for comment and review.
If the National Capital Planning Commission fails to submit its comments regarding any such
regulation, map, or amendment within 30 days after submission of such regulation, map, or
amendment to it, then the Zoning Commission may proceed to act upon the proposed regulation,
map, or amendment without further comment from the National Capital Planning Commission.
“(b) The notice required by clause (1) of subsection (a) [of this section] shall be published
at least thirty days prior to such public hearing and shall include a statement as to the time and
place of the hearing and a summary of all changes in existing zoning regulations which would be
made by adoption of the proposed regulation, map, or amendment. The Zoning Commission shall
give such additional notice as it deems expedient and practicable. All interested persons shall be
given a reasonable opportunity to be heard at such public hearing. If the hearing is adjourned from
time to time, the time and place of reconvening shall be publicly announced prior to adjournment.
“(c) The Zoning Commission shall deposit with the National Capital Planning
Commission all zoning regulations, maps, or amendments thereto, adopted by it.”[.]
PUBLIC SERVICE COMMISSION
SEC. 493. (a) [D.C. Code 43-402] There shall be a Public Service Commission whose
function shall be to insure that every public utility doing business within the District of Columbia
is required to furnish service and facilities reasonably safe and adequate and in all respects just and
reasonable. The charge made by any such public utility for any facility or services furnished, or
rendered, or to be furnished or rendered, shall be reasonable, just, and nondiscriminatory. Every
unjust or unreasonable or discriminating charge for such facility or service is prohibited and is
hereby declared unlawful.
(b) [Amendment to D.C. Code 43-401]. The first sentence of paragraph 97(a) of
section 8 of the Act of March 4, 1913 (making appropriations for the government of the District
of Columbia) (D.C. Code, sec. 43-[43-401]), is amended to read as follows: “The Public
Service Commission of the District of Columbia shall be composed of three Commissioners
appointed by the Mayor of the District of Columbia by and with the advice and consent of the
Council of the District of Columbia. The members appointed by the Mayor shall each serve for a
term of four years beginning on the date such member qualifies.”.
ARMORY BOARD
SEC. 494. [Amendment to D.C. Code 2-302] the first sentence of section 2 of the Act
of June 4, 1948 (D.C. Code, sec. 2-1702 [2-302]), is amended to read as follows: “There is
established an Armory Board, to be composed of the Commanding General of the District of
Columbia National Guard, and two other members appointed by the Mayor of the District of
Columbia by and with the advice and consent of the Council of the District of Columbia. The
members appointed by the Mayor shall each serve for a term of four years beginning on the date
such member qualifies.”.
BOARD OF EDUCATION
SEC. 495. [D.C. Code 31-101] The control of the public schools in the District of
Columbia is vested in a Board of Education to consist of eleven elected members, three of whom
are to be elected at large, and one to be elected from each of the eight school election wards
established under the District of Columbia Election Act [An Act To regulate the election of
delegates representing the District of Columbia to national political conventions, and for other
purposes, approved August 12, 1955 (69 Stat. 699; D.C. Code 1-1301 et seq.]. The election
of the members of the Board of Education shall be conducted on a nonpartisan basis and in
accordance with such Act [chapter].
INITIATIVES, REFERENDUMS, AND RECALLS
SEC. ___.
Amendment No. 1 — INITIATIVE AND REFERENDUM
Sec. 1. [D.C. Code 1-281] Definitions
(a) The term “initiative” means the process by which the electors of the District of
Columbia may propose laws (except laws appropriating funds) and present such proposed laws
directly to the registered qualified electors of the District of Columbia for their approval or
disapproval.
(b) The term “referendum” means the process by which the registered qualified electors of
the District of Columbia may suspend acts of the Council of the District of Columbia (except
emergency acts, acts levying taxes, or acts appropriating funds for the general operation budget)
until such acts have been presented to the registered qualified electors of the District of Columbia
for their approval or rejection.
Sec. 2. [D.C. Code 1-282] Process
(a) An initiative or referendum may be proposed by the presentation of a petition to the
District of Columbia Board of Elections and Ethics containing the signatures of registered
qualified electors equal in number to five (5) percent of the registered electors in the District of
Columbia: PROVIDED, That the total signatures submitted include five (5) percent of the
registered electors in each of five (5) or more of the City’s Wards. The number of registered
electors which is used for computing these requirements shall be according to the latest official
count of registered electors by the Board of Elections and Ethics which was issued thirty (30) or
more days prior to submission of the signatures for the particular initiative or referendum petition.
(b) (1) Upon the presentation of a petition for a referendum to the District of Columbia
Board of Elections and Ethics as provided in this section, the District of Columbia Board of
Elections and Ethics shall notify the appropriate custodian of the act of the Council of the District
of Columbia (either the President of the United States or the President of the Senate and the
Speaker of the House of Representatives) as provided in sections 404 and 446 of the Home Rule
Act [D.C. Code 1-227 and 47-304] and the President of the United States or the President of
the Senate and the Speaker of the House of Representatives, shall, as is appropriate, return such
act or portion of such act to the Chairman of the Council of the District of Columbia. No further
action may be taken upon such act or portion of such act until after a referendum election is held.
(2) No act is subject to referendum if it has become law according to the
provisions of section 404 of the Home Rule Act [D.C. Code 1-227].
Sec. 3. [D.C. Code 1-283] [Submission of measure at election] The District of Columbia
Board of Elections and Ethics shall submit an initiative measure without alteration at the next
general, special, or primary election held at least ninety (90) days after the measure is received.
The District of Columbia Board of Elections and Ethics shall hold an election on a referendum
measure within one hundred and fourteen (114) days of its receipt of a petition as provided in
section 2 of this act [D.C. Code 1-282]. If a previously scheduled general, primary, or special
election will occur between fifty-four (54) and one hundred and fourteen (114) days of its receipt
of a petition as provided in section 2 of this act [D.C. Code 1-282], the District of Columbia
Board of Elections and Ethics may present the referendum at that election.
Sec. 4. [D.C. Code 1-284] [Rejection of measure] If a majority of the registered
qualified electors voting on a referred act vote to disapprove the act, such action shall be deemed
a rejection of the act or that portion of the act on the referendum ballot and no action may be
taken by the Council of the District of Columbia with regard to the matter presented at
referendum for the three hundred sixty-five (365) days following the date of the District of
Columbia Board of Elections and Ethics’ certification of the vote concerning the referendum.
Sec. 5. [D.C. Code 1-285] [Approval of measure] If a majority of the registered
qualified electors voting in a referendum approve an act or adopt legislation by initiative, then the
adopted initiative or the act approved by referendum shall be an act of the Council upon the
certification of the vote on such initiative or act by the District of Columbia Board of Elections
and Ethics, and such act shall become law subject to the provisions of section 602 [D.C. Code
1-233(c)].
Sec. 6. [D.C. Code 1-286] [Short title and summary] The District of Columbia Board of
Elections and Ethics shall be empowered to propose a short title and summary of the initiative and
referendum matter which accurately reflects the intent and meaning of the proposed referendum
or initiative. Any citizen may petition the Superior Court of the District of Columbia no later than
thirty (30) days prior to the election at which the initiative or referendum will be held for a writ in
the nature of mandamus to correct any inaccurate short title and summary by the District of
Columbia Board of Elections and Ethics and to mandate that Board to properly state the summary
of the initiative or referendum measure.
Sec. 7. [D.C. Code 1-287] [Adoption of acts to carry out subchapter] The Council of
the District of Columbia shall adopt such acts as are necessary to carry out the purpose of this
subchapter within one hundred eighty (180) days of the effective date of this Amendment
[October 27, 1978]. Neither a petition initiating an initiative nor a referendum may be presented
to the District of Columbia Board of Elections and Ethics prior to October 1, 1978.
Charter Amendment No. 2 — RECALL OF ELECTED PUBLIC OFFICIALS
Sec. 1. [D.C. Code 1-291] [Recall defined] The term “recall” means the process by
which the qualified electors of the District of Columbia may call for the holding of an election to
remove or retain an elected official of the District of Columbia (except the Delegate to Congress
for the District of Columbia) prior to the expiration of his or her term.
Sec. 2. [D.C. Code 1-292] [Process] Any elected officer of the District of Columbia
government (except the Delegate to Congress for the District of Columbia) may be recalled by the
registered electors of the election ward from which he or she was elected or by the registered
electors of the District of Columbia at large in the case of an at-large elected officer, whenever a
petition demanding his or her recall, signed by ten (10) percent of the registered electors thereof,
is filed with the District of Columbia Board of Elections and Ethics. The ten (10) percent shall be
computed from the total number of the registered electors from the ward, according to the latest
official count of registered electors by the Board of Elections and Ethics which was issued thirty
(30) or more days prior to submission of the signatures for the particular recall petition. In the
case of an at-large elected official, the ten (10) percent shall include ten (10) percent of the
registered electors in each of five (5) or more of the City’s wards. The District of Columbia Board
of Elections and Ethics shall hold an election within one hundred fourteen (114) days of its receipt
of a petition as provided in section 2 of this act [ D.C. Code 1-282]. If a previously scheduled
general, primary, or special election will occur between fifty-four (54) and one hundred fourteen
(114) days of its receipt of a petition as provided in section 2 of this act [D.C. Code 1-282],
then the District of Columbia Board of Elections and Ethics may present the recall question at that
election.
Sec. 3. [D.C. Code 1-293] [Time limits on initiation of process] The process of
recalling an elected official may not be initiated within the first three hundred sixty-five (365) days
nor the last three hundred sixty-five (365) days of his or her term of office. Nor may the process
be initiated within one year after a recall election has been determined in his or her favor.
Sec. 4. [D.C. Code 1-294] [When official removed; filling of vacancies] An elected
official is removed from office if a majority of the qualified electors voting in the election vote to
remove him or her. The vacancy created by such recall shall be filled in the same manner as other
vacancies as provided in sections 401(d) and 421(c)(2) of the Home Rule Act and section 10(a) of
the District of Columbia Elections Act [D.C. Code 1-221(d), 1-241(c)(2), and 1-1314(a)].
Sec. 5. [D.C. Code 1-295] [Adoption of acts to carry out subchapter] The Council of
the District of Columbia shall adopt such acts as are necessary to carry out the purpose of this
subchapter within one hundred eighty (180) days of the effective date of this amendment [October
27, 1978]. No petition for recall may be presented to the District of Columbia Board of Elections
and Ethics prior to October 1, 1978.
TITLE V — FEDERAL PAYMENT [Repealed]DUTIES OF THE MAYOR, COUNCIL, AND FEDERAL OFFICE OFMANAGEMENT AND BUDGET
SEC. 501. [Repealed by section 11601(a) of the National Capital Revitalization and Self-Government Improvement Act of 1997, approved August 5, 1997 (P.L. 105-7; 111 Stat. 14)].
SEC. 502. [Repealed by section 11601(a) of the National Capital Revitalization and Self-Government Improvement Act of 1997, approved August 5, 1997 (P.L. 105-7; 111 Stat. 14)].
TITLE VI — RESERVATION OF CONGRESSIONAL AUTHORITYRETENTION OF CONSTITUTIONAL AUTHORITY
SEC. 601. [D.C. Code 1-206] Notwithstanding any other provision of this Act, the
Congress of the United States reserves the right, at any time, to exercise its constitutional
authority as legislature for the District, by enacting legislation for the District on any subject,
whether within or without the scope of legislative power granted to the Council by this Act,
including legislation to amend or repeal any law in force in the District prior to or after enactment
of this Act and any act passed by the Council.
LIMITATIONS ON THE COUNCIL
SEC. 602. [D.C. Code 1-233] (a) The Council shall have no authority to pass any act
contrary to the provisions of this Act except as specifically provided in this Act, or to–
(1) impose any tax on property of the United States or any of the several states;
(2) lend the public credit for support of any private undertaking;
(3) enact any act, or enact any act to amend or repeal any Act of Congress, which
concerns the functions or property of the United States or which is not restricted in its application
exclusively in or to the District;
(4) enact any act, resolution, or rule with respect to any provision of title 11 of the
District of Columbia Code (relating to organization and jurisdiction of the District of Columbia
courts);
(5) impose any tax on the whole or any portion of the personal income, either
directly or at the source thereof, of any individual not a resident of the District (the terms
“individual” and “resident” to be understood for the purposes of this paragraph as they are defined
in section 4 of title I of the District of Columbia Income and Franchise Tax Act of 1947[,
approved July 16, 1947 (61 Stat. 332; D.C. Code 47-1801.4)]);
(6) enact any act, resolution, or rule which permits the building of any structure
within the District of Columbia in excess of the height limitations contained in section 5 of the Act
of June 1, 1910 [An Act To regulate the height of buildings in the District of Columbia (36 Stat.
453)] (D.C. Code, sec. 5-405), and in effect on the date of enactment of this Act [December 24,
1973];
(7) enact any act, resolution, or regulation with respect to the Commission on
Mental Health;
(8) enact any act or regulation relating to the United States District Court for the
District of Columbia or any other court of the United States in the District other than the District
courts, or relating to the duties or powers of the United States Attorney or the United States
Marshal for the District of Columbia;
(9) enact any act, resolution, or rule with respect to any provision of title 23 of the
District of Columbia Code (relating to criminal procedure), or with respect to any provision of
any law codified in title 22 or 24 of the District of Columbia Code (relating to crimes and
treatment of prisoners), or with respect to any criminal offense pertaining to articles subject to
regulation under chapter 32 of title 22 during the forty-eight full calendar months immediately
following the day on which the members of the Council first elected pursuant to this Act take
office; or
(10) enact any act, resolution, or rule with respect to the District of Columbia
Financial Responsibility and Management Assistance Authority established under section 101(a)
of the District of Columbia Financial Responsibility and Management Assistance Act of 1995 [,
approved April 17, 1995 ( 109 Stat. 100; D.C. Code 47-391.1(a))].
(b) Nothing in this Act shall be construed as vesting in the District government any
greater authority over the National Zoological Park, the National Guard of the District of
Columbia, the Washington Aqueduct, the National Capital Planning Commission, or, except as
otherwise specifically provided in this Act, over any federal agency, than was vested in the
Commissioner [Mayor] prior to the effective date of title IV [District Charter] of this Act
[January 2, 1975].
(c) (1) Except acts of the Council which are submitted to the President in accordance
with the Budget and Accounting Act, 1921 [Chapter 11 of Title 31, United States Code], any act
which the Council determines, according to section 412(a) [D.C. Code 1-229(a)], should take
effect immediately because of emergency circumstances, and acts proposing amendments to title
IV of this Act [District Charter] and except as provided in section 462(c) and section 472(d)(1)
[D.C. Code 47-322(c) and 47-328(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 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
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 [D.C. Code 1-207], 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 section 604
[D.C. Code 1-207], 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.
BUDGET PROCESS; LIMITATIONS ON BORROWING AND SPENDING
SEC. 603. [D.C. Code 47-313] (a) Nothing in this act shall be construed as making
any change in existing law, regulation, or basic procedure and practice relating to the respective
roles of the Congress, the President, the federal Office of Management and Budget, and the
Comptroller General of the United States in the preparation, review, submission, examination,
authorization, and appropriation of the total budget of the District of Columbia government.
(b)(1) No general obligation bonds (other than bonds to refund outstanding indebtedness)
or Treasury capital project loans shall be issued during any fiscal year in an amount which would
cause the amount of principal and interest required to be paid both serially and into a sinking fund
in any fiscal year on the aggregate amounts of all outstanding general obligation bonds and such
Treasury loans, to exceed 17 percent of the District revenues (less any fees or revenues directed
to servicing revenue bonds, any revenues, charges, or fees dedicated for the purposes of water
and sewer facilities described in section 490(a) [D.C. Code 47-334] (including fees or revenues
directed to servicing or securing revenue bonds issued for such purposes), retirement
contributions, revenues from retirement systems, and revenues derived from such Treasury loans
and the sale of general obligation or revenue bonds) which the Mayor estimates, and the District
of Columbia Auditor certifies, will be credited to the District during the fiscal year in which the
bonds will be issued. Treasury capital project loans include all borrowings from the United States
Treasury, except those funds advanced to the District by the Secretary of the Treasury under the
provisions of title VI of the District of Columbia Revenue Act of 1939[, approved July 26, 1939
(P.L. 76-225; 53 Stat. 1118)].
(2) Obligations incurred pursuant to the authority contained in the District of
Columbia Stadium Act of 1957[, approved September 7, 1957] (71 Stat. 619; D.C. Code, title 2,
chapter 17, subchapter II) [D.C. Code 2-321 through 2-330], obligations incurred by the
agencies transferred or established by sections 201 [Amendment to the District of Columbia
Redevelopment Act of 1945] and 202 [D.C. Code 5-102], whether incurred before or after
such transfer or establishment, and obligations incurred pursuant to general obligation bonds of
the District of Columbia issued prior to October 1, 1996, for the financing of Department of
Public Works, Water and Sewer Utility Administration capital projects, shall not be included in
determining the aggregate amount of all outstanding obligations subject to the limitation specified
in the preceding paragraph.
(3) The 17 percent limitation specified in paragraph (1) [of this subsection] shall be
calculated in the following manner:
(A) Determine the dollar amount equivalent to 17 percent of the District
revenues (less any fees or revenues directed to servicing revenue bonds, any revenues, charges, or
fees dedicated for the purposes of water and sewer facilities described in section 490(a) [D.C.
Code 47-334(a)] (including fees or revenues directed to servicing or securing revenue bonds
issued for such purposes), retirement contributions, revenues from retirement systems, and
revenues derived from such Treasury loans and the sale of general obligation or revenue bonds)
which the Mayor estimates, and the District of Columbia Auditor certifies, will be credited to the
District during the fiscal year for which the bonds will be issued;
(B) Determine the actual total amount of principal and interest to be paid in
each fiscal year for all outstanding general obligation bonds (less the allocable portion of principal
and interest to be paid during the year on general obligation bonds of the District of Columbia
issued prior to October 1, 1996, for the financing of Department of Public Works, Water and
Sewer Utility Administration capital projects) and such Treasury loans;
(C) Determine the amount of principal and interest to be paid during each
fiscal year over the term of the proposed general obligation bond or such Treasury loan to be
issued; and
(D) If in any one fiscal year the sum arrived at by adding subparagraphs (B)
and (C) [of this paragraph] exceeds the amount determined under subparagraph (A) [of this
paragraph], then the proposed general obligation bond or such Treasury loan in subparagraph (C)
[of this paragraph] cannot be issued.
(c) Except as provided in subsection (f) [of this section], the Council shall not approve
any budget which would result in expenditures being made by the District government, during any
fiscal year, in excess of all resources which the Mayor estimates will be available from all funds
available to the District for such fiscal year. The budget shall identify any tax increases which shall
be required in order to balance the budget as submitted. The Council shall be required to adopt
such tax increases to the extent its budget is approved.
(d) Except as provided in subsection (f) [of this section], the Mayor shall not forward to
the President for submission to Congress a budget which is not balanced according to the
provision of subsection 603(c) [subsection (c) of this section].
(e) Nothing in this Act shall be construed as affecting the applicability to the District
government of the provisions of section 3679 of the Revised Statutes of the United States (31
U.S.C. 1341), the so-called Anti-Deficiency Act [D.C. Code 1341, 1342, and 1349 to 1351
and subchapter II of Chapter 15 of Title 31, United States Code].
(f) In the case of a fiscal year which is a control year (as defined in section 305(4) of the
District of Columbia Financial Responsibility and Management Assistance Act of 1995[, approved
April 17, 1995 (109 Stat. 152; D.C. Code 47-393(4)]), the Council may not approve, and the
Mayor may not forward to the President, any budget which is not consistent with the financial
plan and budget established for the fiscal year under subtitle A of title II of such Act [subpart B of
subchapter VII of Chapter 3 of Title 47 of the D.C. Code].
CONGRESSIONAL ACTION ON CERTAIN DISTRICT MATTERS
SEC. 604. [D.C. Code 1-207] (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 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.
TITLE VII — REFERENDUM; SUCCESSION IN GOVERNMENT; TEMPORARY PROVISIONS; MISCELLANEOUS; AMENDMENTS TO DISTRICT OF COLUMBIA ELECTION ACT; RULES OF CONSTRUCTION; AND EFFECTIVE DATES PART A — CHARTER REFERENDUMREFERENDUM
SEC. 701. [Uncodified] On a date to be fixed by the Board of Elections, not more than
five months after the date of enactment of this Act, a referendum (in this part referred to as the
“charter referendum”) shall be conducted to determine whether the registered qualified electors of
the District accept the charter set forth in title IV of this Act [District Charter].
BOARD OF ELECTIONS AUTHORITY
SEC. 702. [Uncodified] (a) The Board of Elections shall conduct the charter referendum
and certify the results thereof as provided in this part.
(b) Notwithstanding the fact that such section does not otherwise take effect unless the
charter is accepted under this title, the applicable provision of part E of title VII of this Act
[Amending the District of Columbia Elections Act and enacting D.C. Code 1-1307] shall govern
the Board of Elections in the performance of its duties under this Act.
REFERENDUM BALLOT AND NOTICE OF VOTING
SEC. 703. [Uncodified] (a) The charter referendum ballot shall contain the following,
with a blank space appropriately filled:
“The District of Columbia Self-Government and Governmental Reorganization Act,
enacted __________, proposes to establish a charter for the governance of the District of
Columbia, but provides that the charter shall take effect only if it is accepted by a majority of the
registered qualified voters of the District voting on this issue.
“Indicate in one of the squares provided below whether you are for or against the charter.
” For the charter
” Against the charter.
“In addition, the Act referred to above authorizes the establishment of advisory
neighborhood councils if a majority of the registered qualified voters of the District voting on this
issue in this referendum vote for the establishment of such councils.
“Indicate in one of the squares provided below whether you are for or against the
establishment of Advisory Neighborhood Councils.
” For Advisory Neighborhood Councils
” Against Advisory Neighborhood Councils.”
(b) Voting may be by paper ballot or by voting machine. The Board of Elections may
make such changes in the second and fourth paragraphs of the charter referendum ballot as it
determines to be necessary to permit the use of voting machines if such machines are used.
(c) Not less than five days before the date of the charter referendum, the Board of
Elections shall mail to each registered qualified elector (1) a sample of the charter referendum
ballot, and (2) information showing the polling place of such elector and the date and hours of
voting.
(d) Not less than one day before the charter referendum, the Board of Elections shall
publish, in one or more newspapers of general circulation published in the District, a list of the
polling places and the date and hours of voting.
ACCEPTANCE OR NONACCEPTANCE OF CHARTER
SEC. 704. [Uncodified] (a) If a majority of the registered qualified electors voting in the
charter referendum vote for the charter, the charter shall be considered accepted as of the time the
Board of Elections certifies the result of the charter referendum to the President of the United
States, as provided in subsection (b) [of this section].
(b) The Board of Elections shall, within a reasonable time, but in no event more than
thirty days after the date of the charter referendum, certify the result of the charter referendum to
the President of the United States and to the Secretary of the Senate and the Clerk of the House
of Representatives.
Part B — SUCCESSION IN GOVERNMENTABOLISHMENT OF EXISTING GOVERNMENT AND TRANSFER OFFUNCTIONS
SEC. 711. [D.C. Code 1-211] The District of Columbia Council, the Offices of
Chairman of the District of Columbia Council, Vice Chairman of the District of Columbia
Council, and the seven other members of the District of Columbia Council, and the Offices of the
Commissioner of the District of Columbia and Assistant to the Commissioner of the District of
Columbia, as established by Reorganization Plan Numbered 3 of 1967, are abolished as of noon
January 2, 1975. This subsection [section] shall not be construed to reinstate any governmental
body or office in the District abolished in said plan or otherwise heretofore.
CERTAIN DELEGATED FUNCTIONS AND FUNCTIONS OF CERTAINAGENCIES.
SEC. 712. [D.C. Code 1-212] No function of the District of Columbia Council
(established under Reorganization Plan Numbered 3 of 1967) or of the Commissioner of the
District of Columbia which such District of Columbia Council or Commissioner has delegated to
an officer, employee, or agency (including any body of or under such agency) of the District, nor
any function now vested pursuant to section 501 of Reorganization Plan Number 3 of 1967 in
the District Public Service Commission, Zoning Advisory Council, Board of Zoning Adjustment,
Office of the Recorder of Deeds, or Armory Board, or in any officer, employee, or body of or
under such agency, shall be considered as a function transferred to the Council pursuant to section
404(a) of this Act [D.C. Code 1-227(a)]. Each such function is hereby transferred to the officer,
employee, or agency (including any body of or under such agency), to whom or to which it was
delegated, or in whom or in which it has remained vested, until the Mayor or Council established
under this Act, or both, pursuant to the powers herein granted, shall revoke, modify, or transfer
such delegation or vesting.
TRANSFER OF PERSONNEL, PROPERTY, AND FUNDS
SEC. 713. [D.C. Code 1-212.1] (a) In each case of the transfer, by any provision of this
Act, of functions to the Council, to the Mayor, or to any agency or officer, there are hereby
authorized to be transferred (as of the time of such transfer of functions) to the Council, to the
Mayor, to such agency, or to the agency of which such officer is the head, for use in the
administration of the functions of the Council or such agency or officer, the personnel (except the
Commissioner of the District of Columbia, the Assistant to the Commissioner, the Chairman of
the District of Columbia Council, the Vice Chairman of the District of Columbia Council, the
other members thereof, all of whose officers are abolished by this Act), property, records, and
unexpended balances of appropriations and other funds which relate primarily to the functions so
transferred.
(b) If any question arises in connection with the carrying out of subsection (a) [of this
section], such questions shall be decided —
(1) in the case of functions transferred from a Federal officer or agency, by the
Director of the Office of Management and Budget; and
(2) in the case of other functions (A) by the Council, or in such manner as the
Council shall provide, if such functions are transferred to the Council, and (B) by the Mayor if
such functions are transferred to him or to any other officer or agency.
(c) Any of the personnel authorized to be transferred to the Council, the Mayor, or any
agency by this section which the Council or the head of such agency shall find to be in excess of
the personnel necessary for the administration of its or his function shall, in accordance with law,
be retransferred to other positions in the District or Federal Government or be separated from the
service.
(d) No officer or employee shall, by reason of his transfer to the District government
under this Act or his separation from service under this Act, be deprived of any civil service
rights, benefits, and privileges held by him prior to such transfer or any right of appeal or review
he may have by reason of his separation from service.
EXISTING STATUTES, REGULATIONS, AND OTHER ACTIONS.
SEC. 714. [D.C. Code 1-213] (a) Any statute, regulation, or other action in respect of
(and any regulation or other action issued, made, taken, or granted by) any officer or agency from
which any function is transferred by this Act shall, except to the extent modified or made
inapplicable by or under authority of law, continue in effect as if such transfer had not been made;
but after such transfer, references in such statute, regulation, or other action to an officer or
agency from which a transfer is made by this Act shall be held and considered to refer to the
officer or agency to which the transfer is made.
(b) As used in subsection (a) [of this section], the term “other action” includes, without
limitation, any rule, order, contract, compact, policy, determination, directive, grant,
authorization, permit, requirement, or designation.
(c) Unless otherwise specifically provided in this Act, nothing contained in this Act shall
be construed as affecting the applicability to the District government of personnel legislation
relating to the District government until such time as the Council may otherwise elect to provide
equal or equivalent coverage.
PENDING ACTIONS AND PROCEEDINGS
SEC. 715. [Uncodified] (a) No suit, action, or other judicial proceeding lawfully
commenced by or against any officer or agency in his or its official capacity or in relation to the
exercise of his or its official functions, shall abate by reason of the taking effect of any provision
of this Act; but the court, unless it determines that the survival of such suit, action, or other
proceedings is not necessary for purposes of settlement of the questions involved, shall allow the
same to be maintained, with such substitutions as to parties as are appropriate.
(b) No administrative action or proceeding lawfully commenced shall abate solely by
reason of the taking effect of any provision of this Act, but such action or proceeding shall be
continued with such substitutions as to parties and officers or agencies as are appropriate.
VACANCIES RESULTING FROM ABOLISHMENT OF OFFICES OFCOMMISSIONER AND ASSISTANT TO THE COMMISSIONER
SEC. 716. [Uncodified] Until the 1st day of July next after the first Mayor takes office
under this Act no vacancy occurring in any District agency by reason of section 711 [D.C. Code
1-211], abolishing the offices of Commissioner of the District of Columbia and Assistant to the
Commissioner, shall affect the power of the remaining members of such agency to exercise its
functions; but such agency may take action only if a majority of the members holding office vote
in favor of it.
STATUS OF THE DISTRICT
SEC. 717. (a) [Partially codified at D.C. Code 1-101(b)] All of the territory
constituting the permanent seat of the Government of the United States shall continue to be
designated as the District of Columbia. The District of Columbia shall remain and continue a
body corporate, as provided in section 2 of the Revised Statutes relating to the District (D.C.
Code, sec. 1-102). Said Corporation shall continue to be charged with all the duties, obligations,
responsibilities, and liabilities, and to be vested with all of the powers, rights, privileges,
immunities, and assets, respectively, imposed upon and vested in said Corporation or the
Commissioner.
(b) [Uncodified] No law or regulation which is in force on the effective date of title IV of
this Act [January 2, 1975] shall be deemed amended or repealed by this Act except to the extent
specifically provided herein or to the extent that such law or regulation is inconsistent with this
Act, but any such law or regulation may be amended or repealed by act or resolution as
authorized in this Act, or by Act of Congress, except that, notwithstanding the provisions of
section 752 of this Act [D.C. Code 1-1307], such authority to repeal shall not be construed as
authorizing the Council to repeal or otherwise alter, by amendment or otherwise, any provision of
subchapter III of chapter 73 of title 5, United States Code in whole or in part.
(c) [Uncodified] 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 [An Act
To establish a boundary line between the District of Columbia and the Commonwealth of
Virginia, and for other purposes (P.L. 79-208)] (59 Stat. 552).
CONTINUATION OF DISTRICT OF COLUMBIA COURT SYSTEM.
SEC. 718. [Appendix to Title 11, D.C. Code] (a) The District of Columbia Court of
Appeals, the Superior Court of the District of Columbia, and the District of Columbia
Commission on Judicial Disabilities and Tenure shall continue as provided under the District of
Columbia Court Reorganization Act of 1970 subject to the provisions of part C of title IV of this
Act [D.C. Code, Title 11, Appendix, 431 through 434] and section 602(a)(4) [D.C. Code
1-233(a)(4)].
(b) The term and qualifications of any judge of any District of Columbia court, and the
term and qualifications of any member of the District of Columbia Commission on Judicial
Disabilities and Tenure appointed prior to the effective date of title IV of this Act [January 2,
1975] shall not be affected by the provisions of part C of title IV of this Act [D.C. Code, Title 11,
Appendix, 431 through 434]. No provision of this Act shall be construed to extend the term of
any such judge or member of such Commission. Judges of the District of Columbia courts and
members of the District of Columbia Commission on Judicial Disabilities and Tenure appointed
after the effective date of title IV of this Act [January 2, 1975] shall be appointed according to
part C of such title IV [D.C. Code, Title 11, Appendix, 431 through 434].
(c) Nothing in this Act shall be construed to amend, repeal, or diminish the duties, rights,
privileges, or benefits accruing under sections 1561 through 1571 of title 11 of the District of
Columbia Code, and sections 703 and 904 of such title, dealing with the retirement and
compensation of the judges of the District of Columbia courts.
CONTINUATION OF THE BOARD OF EDUCATION
SEC. 719. [Uncodified] The term of any member elected to the District of Columbia
Board of Education, and the powers and duties of the Board of Education shall not be affected by
the provisions of section 495 [D.C. Code 31-101]. No provision of such section shall be
construed to extend the term of any such member or to terminate the term of any such member.
PART C — TEMPORARY PROVISIONSPOWERS OF THE PRESIDENT DURING TRANSITIONAL PERIOD
Sec. 721. [Uncodified] The President of the United States is hereby authorized and
requested to take such action during the period following the date of the enactment of this Act
and ending on the date of the first meeting of the Council, by Executive Order or otherwise, with
respect to the administration of the functions of the District government, as he deems necessary to
enable the Board of Elections properly to perform its function under this Act.
REIMBURSABLE APPROPRIATIONS FOR THE DISTRICT
Sec. 722. [Uncodified] (a) The Secretary of the Treasury is authorized to advance to the
District of Columbia the sum of $750,000, out of any money in the Treasury not otherwise
appropriated, for use (1) in the paying the expenses of the Board of Education (including
compensation of the members thereof), and (2) in otherwise carrying into effect the provisions of
this Act.
(b) The full amount expended out of the money advanced pursuant to this section shall be
reimbursed to the United States, without interest, during the second fiscal year which begins after
the effective date of title IV [January 2, 1975], from the general fund of the District.
INTERIM LOAN AUTHORITY
Sec. 723. (a) [Uncodified] The Mayor is authorized to accept loans for the District from
the Treasury of the United States, and the Secretary is authorized to lend to the Mayor, such sums
as the Mayor may determine are required to complete capital projects for which construction and
construction services funds have been authorized or appropriated, as the case may be, by
Congress prior to October 1, 1983, or the date of the enactment of the appropriation Act for the
fiscal year ending September 30, 1984, for the government of the District of Columbia, whichever
is later. In addition, such loans may include funds to pay the District’s share of the cost of the
adopted regional system specified in the National Capital Transportation Act of 1969.
(b) Loans advanced pursuant to this section during any six-month period shall be at a rate
of interest determined by the Secretary as of the beginning of such period, which, in his judgment,
would reflect the cost of money to the Treasury for borrowing at a maturity approximately equal
to the period of time the loan is outstanding.
(c) Subject to the limitations contained in section 603(b) [D.C. Code 47-313(b)], there
is authorized to be appropriated to make loans under this section the sum of $155,000,000 for the
fiscal year ending September 30, 1982, the sum of $155,000,000 for the fiscal year ending on
September 30, 1983, and the sum of $155,000,000 for the fiscal year ending on September 30,
1984.
(d) The authority contained in this section to make loans shall be effective for any fiscal
year only to such extent or in such amounts as are provided in appropriations Acts.
POLITICAL PARTICIPATION IN CERTAIN ELECTIONSFIRST HELD UNDER THIS ACT
Sec. 724. [Uncodified] (a) In order to provide continuity in the government of the
District of Columbia during the transition from the appointed government to the elected
government provided for under this Act, no person employed by the United States or by the
government of the District of Columbia shall be prohibited by reason of such employment–
(1) from being a candidate in the first primary election and general election held
under this Act for the office of Mayor or Chairman or member of the Council of the District of
Columbia provided for under title IV of this Act [District Charter], and
(2) if such a candidate, from taking an active part in political management or
political campaigns in any election referred to in paragraph (1) of this subsection.
(b) Such candidacy shall be deemed to have commenced on the day such person obtains
from the Board of Elections an official nominating petition with his name stamped thereon, and
shall terminate–
(1) in the case of such candidate who ceases to be eligible as a nominee for the
office with respect to which such petition was obtained by reason of his inability or failure to
qualify as a bona fide nominee prior to the expiration of the final date for filing such petition under
the election laws of the District of Columbia, on the day following such expiration date;
(2) in the case of such candidate who is elected to any such office with respect to
which such nominating petition was obtained, on the day such candidate takes office following the
election held with respect thereto;
(3) in the case of such candidate who is defeated in a primary election held to
nominate candidates for the office with respect to which such nominating petition was obtained,
on the expiration of the thirty-day period following the date of such primary election; and
(4) in the case of such candidate who fails to be elected in a general election to
any such office with respect to which such nominating petition was obtained, on the expiration of
the thirty-day period following the date of such election.
(c) The provisions of this section shall terminate as of January 2, 1975
PART D — MISCELLANEOUSAGREEMENTS WITH UNITED STATES
SEC. 731. [D.C. Code 1131.1] (a) To prevent duplication and to promote efficiency
and economy, an officer or employee of:
(1) The United States government may provide services to the District of
Columbia government; and
(2) The District of Columbia government may provide services to the United
States government.
(b) (1) Services under this section shall be provided under an agreement:
(A) Negotiated by officers and employees of the 2 governments; and
(B) Approved by the Director of the Office of Management and Budget
and the Mayor of the District of Columbia.
(2) Each agreement shall provide that the cost of providing the services shall be
borne in the way provided in subsection (c) of this section by the government to which the
services are provided at rates or charges based on the actual cost of providing the services.
(3) To carry out an agreement made under this subsection, the agreement may
provide for the delegation of duties and powers of officers and employees of:
(A) The District of Columbia government to officers and employees of the
United States government; and
(B) The United States government to officers and employees of the District
of Columbia government.
(c) In providing services under an agreement made under subsection (b) of this section:
(1) Costs incurred by the United States government may be paid from
appropriations available to the District of Columbia government officer or employee to whom the
services were provided; and
(2) Costs incurred by the District of Columbia government may be paid from
amounts available to the United States government officer or employee to whom the services
were provided.
(d) When requested by the Director of the United States Secret Service Division, the
Chief of the Metropolitan Police shall assist the Secret Service and the United States Secret
Service Uniformed Division on a non-reimbursable basis in carrying out their protective duties
under section 302 to title 3 and section 3056 of title 18 [of the U.S.C.].
PERSONAL INTEREST IN CONTRACTS OR TRANSACTIONS
SEC. 732. [D.C. Code 1-1133] Any officer or employee of the District who is
convicted of a violation of section 208 of title 18, United States Code, shall forfeit his office or
position.
COMPENSATION FROM MORE THAN ONE SOURCE
SEC. 733. [D.C. Code 1-1305] (a) Except as provided in this Act, no person shall be
ineligible to serve or to receive compensation as a member of the Board of Elections and Ethics
because he occupies another office or position or because he receives compensation (including
retirement compensation) from another source.
(b) The right to another office or position or to compensation from another source
otherwise secured to such a person under the laws of the United States shall not be abridged by
the fact of his service or receipt of compensation as a member of such Board, if such service does
not interfere with the discharge of his duties in such other office or position.
ASSISTANCE OF THE UNITED STATES CIVIL SERVICE COMMISSIONIN DEVELOPMENT OF DISTRICT MERIT SYSTEM
SEC. 734. [D.C. Code 1-515] The United States Civil Service Commission is hereby
authorized to advise and assist the Mayor and the Council in the further development of the merit
system or systems required by section 422(3) [D.C. Code 1-242(3)] and the said Commission is
authorized to enter into agreements with the District government to make available its registers of
eligibles as a recruiting source to fill District positions as needed. The costs of any specific
services furnished by the Civil Service Commission may be compensated for under the provisions
of section 731 of this Act [D.C. Code 1-1131.1].
REVENUE SHARING RESTRICTIONS
SEC. 735. [Amendment to section 141(c) of the State and Local Fiscal Assistance Act of
1972, approved October 20, 1972 (P.L. 92-512; 86 Stat. 919)].
INDEPENDENT AUDIT
SEC. 736. [D.C. Code 47-118.1] (a) In addition to the audit carried out under section
455 [D.C. Code 47-117], the Comptroller General each year shall audit the accounts and
operations of the District of Columbia government. An audit shall be carried out according to
principles, under regulations, and in a way the Comptroller General prescribes. When prescribing
the procedures to follow and the extent of the inspection of records, the Comptroller General shall
consider generally accepted principles of auditing, including the effectiveness of accounting
organizations and systems, internal audit and control, and related administrative practices.
(b) The Comptroller General shall submit each audit report to Congress and the Mayor
and Council of the District of Columbia. The report shall include the scope of an audit,
information the Comptroller General considers necessary to keep Congress, the Mayor, and the
Council informed of operations audited, and recommendations the Comptroller General considers
advisable.
(c) (1) By the 90th day after receiving an audit report from the Comptroller General, the
Mayor shall state in writing to the Council measures the District of Columbia government is
taking to comply with the recommendations of the Comptroller General. A copy of the statement
shall be sent to Congress.
(2) After the Council receives the statement of the Mayor, the Council may make
available for public inspection the report of the Comptroller General and other material the
Council considers pertinent.
(d) To carry out this section, records and property of or used by the District of Columbia
government necessary to make an audit easier shall be made available to the Comptroller General.
The Mayor shall provide facilities to carry out an audit.
ADJUSTMENTS
SEC. 737. (a) [D.C. Code 1-1132(a)] Subject to section 731 [D.C. Code 1-1131.1],
the Mayor, with the approval of the Council, and the Director of the Office of Management and
Budget, is authorized and empowered to enter into an agreement or agreements concerning the
manner and method by which amounts owed by the District to the United States, or by the United
States to the District, shall be ascertained and paid.
(b) [D.C. Code 1-1132(b)] The United States shall reimburse the District for necessary
expenses incurred by the District in connection with assemblages, marches, and other
demonstrations in the District which relate primarily to the federal government. The manner and
method of ascertaining and paying the amounts needed to so reimburse the District shall be
determined by agreement entered into in accordance with subsection (a) of this section.
(c) [D.C. Code 1-302] Each officer and employee of the District required to do so by
the Council shall provide a bond with such surety and in such amount as the Council may require.
The premiums for all such bonds shall be paid out of appropriations for the District.
ADVISORY NEIGHBORHOOD COMMISSIONS
SEC. 738. [D.C. Code 1-251] (a) The Council shall by act divide the District into
neighborhood commission areas and, upon receiving a petition signed by at least 5 per centum of
the registered qualified electors of a neighborhood commission area, shall establish for that
neighborhood an elected advisory neighborhood commission. In designating such neighborhoods,
the Council shall consider natural geographic boundaries, election districts, and divisions of the
District made for the purpose of administration of services.
(b) Elections for members of each advisory neighborhood commission shall be
nonpartisan, and shall be administered by the Board of Elections and Ethics. Advisory
neighborhood commission members shall be elected from single-member districts within each
neighborhood commission area by the registered qualified electors of such district.
(c) Each advisory neighborhood commission–
(1) may advise the District government on matters of public policy including
decisions regarding planning, streets, recreation, social services programs, health, safety, and
sanitation in that neighborhood commission area;
(2) may employ staff and expend, for public purposes within its neighborhood
commission area, public funds and other funds donated to it; and
(3) shall have such other powers and duties as may be provided by act of the
Council.
(d) In the manner provided by act of the Council, in addition to any other notice required
by law, timely notice shall be given to each advisory neighborhood commission of requested or
proposed zoning changes, variances, public improvements, licenses, or permits of significance to
neighborhood planning and development within its neighborhood commission area for its review,
comment, and recommendation.
(e) In order to pay the expenses of the advisory neighborhood commissions, enable them
to employ such staff as may be necessary, and to conduct programs for the welfare of the people
in a neighborhood commission area, the District government shall allot funds to the advisory
neighborhood commissions out of the general revenues of the District. The funding apportioned
to each advisory neighborhood commission shall bear the same ratio to the full sum allotted as the
population of the neighborhood bears to the population of the District. The Council may authorize
additional methods of financing advisory neighborhood commissions.
(f) The Council shall by act make provisions for the handling of funds and accounts by
each advisory neighborhood commission and shall establish guidelines with respect to the
employment of persons by each advisory neighborhood commission, which shall include fixing the
status of such employees with respect to the District government, but all such provisions and
guidelines shall be uniform for all advisory neighborhood commissions and shall provide that
decisions to employ and discharge employees shall be made by the advisory neighborhood
commission. These provisions shall conform to the extent practicable to the regular budgetary,
expenditure and auditing procedures and the personnel merit system of the District.
(g) The Council shall have authority, in accordance with the provisions of this Act, to
legislate with respect to the advisory neighborhood commissions established in this section.
(h) The foregoing provisions of this section shall take effect only if agreed to in
accordance with the provisions of section 703(a) of this Act [uncodified].
NATIONAL CAPITAL SERVICE AREA
SEC. 739. [D.C. Code 9-142] (a) There is established within the District of Columbia
the National Capital Service Area which shall include, subject to the following provisions of this
section, the principal federal monuments, the White House, the Capitol Building, the United
States Supreme Court Building, and the federal executive, legislative, and judicial office buildings
located adjacent to the Mall and the Capitol Building, and is more particularly described in
subsection (f) [of this section].
(b) There is established in the Executive Office of the President the National Capital
Service Director who shall be appointed by the President. The President, through the National
Capital Service Director, shall assure that there is provided, utilizing District of Columbia
governmental services to the extent practicable, within the area specified in subsection (a) [of this
section] and particularly described in subsection (f) [of this section], adequate fire protection and
sanitation services. Except with respect to that portion of the National Capital Service Area
comprising the United States Capitol Buildings and Grounds as defined in sections 1 and 16 of the
Act of July 31, 1946 [An Act To define the area of the United States Capitol Grounds, to regulate
the use thereof, and for other purposes (60 Stat. 718, 721)], as amended (D.C. Code, sec. 9-106
[and] 9-128), the United States Supreme Court Building and Grounds as defined in section 11 of
the Act of August 18, 1949 [An Act Relating to the policing of the building and grounds of the
Supreme Court of the United States (63 Stat. 617)], as amended (40 U.S.C. 13p), and the
Library of Congress Buildings and Grounds as defined in section 11 of the Act of August 4, 1950
[An Act Relating to the policing of the buildings and grounds of the Library of Congress (64 Stat.
411)], as amended (2 U.S.C. 167j), the National Capital Service Director shall assure that there
is provided within the remainder of such area specified in subsection (a) [of this section] and
subsection (f) [of this section], adequate police protection and maintenance of streets and
highways.
(c) The National Capital Service Director shall be entitled to receive compensation at the
maximum rate as may be established from time to time for level IV of the Executive Schedule of
section 5314 of title 5 of the United States Code. The Director may appoint, subject to the
provisions of title 5 of the United States Code governing appointments in the competitive service,
and fix the pay of, in accordance with the provisions of chapter 51 and subchapter III of chapter
53 of such title relating to classification and General Schedule pay rates, such personnel as may be
necessary.
(d) [Amendment to section 45 of An act to provide for the organization of the militia of
the District of Columbia, approved March 1, 1889 (25 Stat. 778; D.C. Code 39-603)].
(e)(1) Within one year after the effective date of this section [either December 24, 1973
or January 2, 1975], the President is authorized and directed to submit to the Congress a report
on the feasibility and advisability of combining the Executive Protective Service and the United
States Park Police within the National Capital Service Area, and placing them under the National
Capital Service Director.
(2) Such report shall include such recommendations, including recommendations for
legislative and executive action, as the President deems necessary in carrying out the provisions of
paragraph (1) of this subsection.
(f)(1)(A) The National Capital Service Area referred to in subsection (a) of this section is
more particularly described as follows:
Beginning at that point on the present Virginia-District of Columbia boundary due west of
the northernmost point of Theodore Roosevelt Island and running due east to the eastern shore of
the Potomac River;
thence generally south along the shore at the mean high water mark to the northwest
corner of the Kennedy Center;
thence east along the north side of the Kennedy Center to a point where it reaches the E
Street Expressway;
thence east on the expressway to E Street Northwest and thence east on E Street
Northwest to 18th Street Northwest;
thence south on 18th Street Northwest to Constitution Avenue Northwest; thence east on
Constitution Avenue to 17th Street Northwest;
thence north on 17th Street Northwest to Pennsylvania Avenue Northwest;
thence east on Pennsylvania Avenue to Jackson Place Northwest;
thence north on Jackson Place to H Street Northwest;
thence east on H Street Northwest to Madison Place Northwest;
thence south on Madison Place Northwest to Pennsylvania Avenue Northwest;
thence east on Pennsylvania Avenue Northwest to 15th Street Northwest;
thence south on 15th Street Northwest to Pennsylvania Avenue Northwest;
thence southeast on Pennsylvania Avenue Northwest to John Marshall Place Northwest; thence north on John Marshall Place Northwest to C Street Northwest;
thence east on C Street Northwest to 3rd Street Northwest;
thence north on 3rd Street Northwest to D Street Northwest;
thence east on D Street Northwest to 2nd Street Northwest;
thence south on 2nd Street Northwest to the intersection of Constitution Avenue
Northwest and Louisiana Avenue Northwest;
thence northeast on Louisiana Avenue Northwest to North Capitol Street;
thence north on North Capitol Street to Massachusetts Avenue Northwest;
thence southeast on Massachusetts Avenue Northwest so as to encompass Union Square; thence following Union Square to F Street Northeast;
thence east on F Street Northeast to 2nd Street Northeast;
thence south on 2nd Street Northeast to D Street Northeast;
thence west on D Street Northeast to 1st Street Northeast;
thence south on 1st Street Northeast to Maryland Avenue Northeast;
thence generally north and east on Maryland Avenue to 2nd Street Northeast;
thence south on 2nd Street Northeast to C Street Southeast;
thence west on C Street Southeast to New Jersey Avenue Southeast;
thence south on New Jersey Avenue Southeast to D Street Southeast;
thence west on D Street Southeast to Canal Street Parkway;
thence southeast on Canal Street Parkway to E Street Southeast;
thence west on E Street Southeast to the intersection of Canal Street Southwest and
South Capitol Street;
thence northwest on Canal Street Southwest to 2nd Street Southwest;
thence south on 2nd Street Southwest to Virginia Avenue Southwest;
thence generally west on Virginia Avenue to 3rd Street Southwest;
thence north on 3rd Street Southwest to C Street Southwest;
thence west on C Street Southwest to 6th Street Southwest;
thence north on 6th Street Southwest to Independence Avenue;
thence west on Independence Avenue to 12th Street Southwest;
thence south on 12th Street Southwest to D Street Southwest;
thence west on D Street Southwest to 14th Street Southwest;
thence south on 14th Street Southwest to the middle of the Washington Channel;
thence generally south and east along the mid-channel of the Washington Channel to a
point due west of the northern boundary line of Fort Lesley McNair;
thence due east to the side of the Washington Channel;
thence following generally south and east along the side of the Washington Channel at the
mean high water mark, to the point of confluence with the Anacostia River, and along the
northern shore at the mean high water mark to the northern most point of the 11th Street Bridge; thence generally south and east along the northern side of the 11th Street Bridge to the
eastern shore of the Anacostia River;
thence generally south and west along such shore at the mean high water mark to the point
of confluence of the Anacostia and Potomac Rivers;
thence generally south along the eastern shore at the mean high water mark of the
Potomac River to the point where it meets the present southeastern boundary line of the District
of Columbia;
thence south and west along such southeastern boundary line to the point where it meets
the present Virginia-District of Columbia boundary;
thence generally north and west up the Potomac River along the Virginia-District of
Columbia boundary to the point of beginning.
(B) Where the area in subparagraph (A) of this paragraph is bounded by
any street, such street, and any sidewalk thereof, shall be included within such area.
(2) Any federal real property affronting or abutting, as of the effective date of this
Act [December 24, 1973], the area described in paragraph (1) [of this subsection] shall be deemed
to be within such area.
(3) For the purposes of paragraph (2) [of this subsection], federal real property
affronting or abutting such area described in paragraph (1) [of this subsection] shall–
(A) be deemed to include, but not limited to, Fort Lesley McNair, the
Washington Navy Yard, the Anacostia Naval Annex, the United States Naval Station, Bolling Air
Force Base, and the Naval Research Laboratory; and
(B) not be construed to include any area situated outside of the District of
Columbia boundary as it existed immediately prior to the date of enactment of this Act [December
24, 1973], nor be construed to include any portion of the Anacostia Park situated east of the
northern side of the 11th Street Bridge, or any portion of the Rock Creek Park.
(g)(1) Subject to the provisions of paragraph (2) of this subsection, the President is
authorized and directed to conduct a survey of the area described in this section in order to
establish the proper metes and bounds of such area, and to file, in such manner and at such place
as he may designate, a map and a legal description of such area, and such description and map
shall have the same force and effect as if included in this Act, except that corrections of clerical,
typographical and other errors in any such legal descriptions and map may be made. In conducting
such survey, the President shall make such adjustments as may be necessary in order to exclude
from the National Capital Service Area any privately owned properties, and buildings and adjacent
parking facilities owned by the District of Columbia government.
(2) In carrying out the provisions of paragraph (1) of this subsection, the President
shall, to the extent that such survey, legal description, and map involves areas comprising the
United States Capitol Buildings and Grounds as defined in sections 1 and 16 of the Act of July 31,
1946, as amended (D.C. Code, secs. 9-106 [and] 9-128), and other buildings and grounds under
the care of the Architect of the Capitol, consult with the Architect of the Capitol.
(3) [Amendment to section 1 of the Act of July 31, 1946 (60 Stat. 719; D.C. Code
9-106)].
(4) [Amendment to section 9 of the Act of July 31, 1946 (60 Stat. 719; D.C. Code
9-115)].
(5) [Amendment to section 9 of the Act of July 31, 1946 (60 Stat. 719; D.C. Code
9-115)].
(6) [Amendment to section 14(a) of the Act of July 31, 1946 (60 Stat. 720; D.C.
Code 9-127)].
(7) [Amendment to section 1 of the Act of July 31, 1946 (60 Stat. 719; D.C. Code
9-106)].
(8) [Amendment to section 9 of the Act of August 18, 1949 (63 Stat. 617; 40
U.S.C. 13n)].
(9) [Amendment to section 9 of the Act of August 4, 1950 (64 Stat. 411; 2 U.S.C.
167h)].
(h)(1) Except to the extent specifically provided by the provisions of this section, and
amendments made by this section, nothing in this section shall be applicable to the United States
Capitol Buildings and Grounds as defined in sections 1 and 16 of the Act of July 31, 1946, as
amended (D.C. Code, secs. 9-106 [and] 9-128, or to any other buildings and grounds under the
care of the Architect of the Capitol, the United States Supreme Court Building and Grounds as
defined in section 11 of the Act of August 18, 1949, as amended (40 U.S.C. 13p), and the
Library of Congress Buildings and Grounds as defined in section 11 of the Act of August 4, 1950,
as amended (2 U.S.C. 167j), and except to the extent herein specifically provided, including
amendments made by this section, nothing in this section shall be construed to repeal, amend,
alter, modify, or supersede any provision of the Act of July 31, 1946, as amended (40 U.S.C.
193a et seq.) [D.C. Code 9-106, 9-108 to 9-115, and 9-123 to 9-128], or any other of the
general laws of the United States or any of the laws enacted by the Congress and applicable
exclusively to the District of Columbia, or any rule or regulation promulgated pursuant thereto, in
effect on the date immediately preceding the effective date of title IV of this Act [January 2,
1975] pertaining to said buildings and grounds, or any existing authority, with respect to such
buildings and grounds, vested by law, or otherwise, on such date immediately preceding such
effective date [January 2, 1975], in the Senate, the House of Representatives, the Congress, or
any committee or commission or board thereof, the Architect of the Capitol, or any other officer
of the legislative branch, the Chief Justice of the United States, the Marshal of the Supreme Court
of the United States, or the Librarian of Congress.
(2) Notwithstanding the foregoing provision of this section, any of the services and
facilities authorized by this Act to be rendered or furnished (including maintenance of streets and
highways, and services under section 731 of this Act [D.C. Code 1-1131.1]) shall, as far as
practicable, be made available to the Senate, the House of Representatives, the Congress, or any
committee or commission or board thereof, the Architect of the Capitol, or any other officer of
the legislative branch vested by law or otherwise on such date immediately preceding the effective
date of title IV of this Act [January 2, 1975] with authority over such buildings and grounds, the
Chief Justice of the United States, the Marshal of the Supreme Court of the United States, and the
Librarian of Congress, upon their request, and, if payment would be required for the rendition or
furnishing of a similar service or facility to any other federal agency, payment therefor shall be
made by the recipient thereof, upon presentation of proper vouchers, in advance or by
reimbursement (as may be agreed upon by the parties rendering and receiving such services).
(i) Except to the extent otherwise specifically provided in the provisions of this section,
and amendments made by this section, all general laws of the United States and all laws enacted
by the Congress and applicable exclusively to the District of Columbia, including regulations and
rules promulgated pursuant thereto, in effect on the date immediately preceding the effective date
of title IV of this Act [January 2, 1975] and which, on such date immediately preceding the
effective date of such title [January 2, 1975], are applicable to and within the areas included
within the National Capital Service Area pursuant to this section shall, on and after January 2,
1975, continue to be applicable to and within such National Capital Service Area in the same
manner and to the same extent as if this section had not been enacted, and shall remain so
applicable until such time as they are repealed, amended, altered, modified, or superseded, and
such laws, regulations and rules shall thereafter be applicable to and within such area in the
manner and to the extent so provided by any such amendment, alteration, or modification.
(j) In no case shall any person be denied the right to vote or otherwise participate in any
manner in any election in the District of Columbia solely because such person resides within the
National Capital Service Area.
EMERGENCY CONTROL OF POLICE
SEC. 740. [D.C. Code 4-102] (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 forty-eight 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 thirty 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 thirty-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 thirty days, unless the Senate and the House of
Representatives enact into law a joint resolution authorizing such an extension.
HOLDING OFFICE IN THE DISTRICT
SEC. 741. [Repealed by section 4(c) of An Act To amend the District of Columbia
Revenue Act of 1947 regarding taxability of dividends received by a corporation from insurance
companies, banks, and other savings institutions, approved April 17, 1974 (P.L. 93-268; 88 Stat.
87)].
OPEN MEETINGS
SEC. 742. [D.C. Code 1-1504] (a) All meetings (including hearings) of any
department, agency, board, or commission of the District government, including meetings of the
Council of the District of Columbia, at which official action of any kind is taken shall be open to
the public. No resolution, rule, act, regulation, or other official action shall be effective unless
taken, made, or enacted at such meeting.
(b) A written transcript or a transcription shall be kept for all such meetings and shall be
made available to the public during normal business hours of the District government. Copies of
such written transcripts or copies of such transcriptions shall be available, upon request, to the
public at reasonable cost.
TERMINATION OF THE DISTRICT’S AUTHORITY TO BORROWFROM THE TREASURY
SEC. 743. (a) [Amendment to section 1 An Act to authorize the Commissioners of the
District of Columbia to borrow funds for capital improvement programs and to amend provisions
of law relating to Federal Government participation in meeting costs of maintaining the National
Capital City, approved June 6, 1958 (72 Stat. 183; D.C. Code 9-219)].
(b) [Repealed An Act authorizing loans from the United States Treasury for expansion of
the District of Columbia water system, approved June 2, 1950 (64 Stat. 195; D.C. Code 43-1540)].
(c) [Amendment to title II of An Act to authorize the financing of a program of public
works construction for the District of Columbia, and for other purposes, approved May 18, 1954
(68 Stat. 104; D.C. Code 43-1601 et seq.)].
(d) [Repealed section 402 of An Act to authorize the financing of a program of public
works construction for the District of Columbia, and for other purposes, approved May 18, 1954
(68 Stat. 110; D.C. Code 7-133)].
(e) [Repealed section 4 of An Act to authorize the Commissioners of the District of
Columbia to plan, construct, operate, and maintain a sanitary sewer to connect the Dulles
International Airport with the District of Columbia system, approved June 12, 1960 (74 Stat. 211;
D.C. Code 43-1623)].
(f) [Uncodified] Nothing contained in this section shall be deemed to relieve the District
of its obligation to repay any loan made to it under the authority of the Acts specified in the
preceding subsections, nor to preclude the District from using the unexpended balance of any such
loan appropriated to the District prior to the effective date of this provision, not to prevent the
District from fulfilling the provisions of section 722 [uncodified].
PART E — AMENDMENTS TO THE DISTRICT OF COLUMBIA ELECTION ACTAMENDMENTS
SEC. 751. [Amendment to the District of Columbia Election Act, approved August 12,
1955 (69 Stat. 699; D.C. Code 1-1301 et seq.)].
DISTRICT COUNCIL AUTHORITY OF ELECTIONS
SEC. 752. [D.C. Code 1-1307] Notwithstanding any other provision of this Act [Home
Rule Act] or of any other law, the Council shall have authority to enact any act or resolution with
respect to matters involving or relating to elections in the District.
PART F — RULES OF CONSTRUCTIONCONSTRUCTION
SEC. 761. [Uncodified] To the extent that any provisions of this Act are inconsistent with
the provisions of any other laws[,] the provisions of this Act shall prevail and shall be deemed to
supersede the provisions of such laws.
SEVERABILITY
SEC. 762. [Uncodified] If any particular provision of this Act, or the application thereof
to any person of circumstance, is held invalid, the remainder of this Act and the application of
such provision to other persons or circumstances shall not be affected thereby.
PART G — EFFECTIVE DATESEFFECTIVE DATES
SEC. 771. [Uncodified] (a) Titles I and V, and parts A and G, and section 722 of title VII
shall take effect on the date of enactment of this Act [December 24, 1973].
(b) Sections 712, 713, 714, and 715 of title VII, and section 401(b) of title IV, and title II
shall take effect July 1, 1974, except that any provision thereof which in effect transfer authority
to appoint any citizen member of the National Capital Planning Commission of the District of
Columbia Redevelopment Land Agency shall take effect January 2, 1975.
(c) Titles III and IV, except section 401(b) of title IV, shall take effect January 2, 1975, if
title IV is accepted by a majority of the registered qualified electors in the District of Columbia
voting on the charter issue in the charter referendum.
(d) Title VI and parts D and F and sections 711, 716, 717, 718, 719, 721, and 723 of title
VII shall take effect only if and upon the date that title IV becomes effective [January 2, 1975].
(e) Part E of title VII shall take effect on the date on which title IV [January 2, 1975] is
accepted by a majority of the registered qualified electors in the District of Columbia voting on
the charter issue in the charter referendum.
DISTRICT OF COLUMBIA HOME RULE ACT
SUBJECT INDEX__________
Advisory Neighborhood Commissions or Councils Sec. 703, Sec. 738
Agreements with the United States Sec. 731
Appropriations Sec. 446, Sec. 722
Architect of the Capitol Sec. 423
Armory Board Sec. 441, Sec. 441(b), Sec. 494, Sec. 712
Auditor Sec. 455, Sec. 603(b)
Adjustments Sec. 737
Audits Sec. 736
Board of Education Sec. 452, Sec. 495, Sec. 719
Board of Elections Sec. 401, Sec. 421, 442(b), Sec. 491, Sec. 701, Sec. 702, Sec. 703,Sec. 704, Sec. 733
Bonds Secs. 461 – 467, Secs. 475, Secs. 481 – 486, Sec. 490, Sec. 603
Borrowing Sec. 443, Sec. 461 – 484, Sec. 603, Secs. 722 – 723, Sec. 743
Budget Sec. 404, Secs. 441 – 448, Secs. 452 – 453
Chairman of Council Secs. 401 – 411, Sec. 455, Sec. 603(c),Sec. 724
Chairman as Acting Mayor Sec. 411, Sec. 422
Charter Secs. 301 – 303, Secs. 401 – 495
Charter amendments initiative Amendment No. 1
Charter amendment procedures Sec. 303
Chief Financial Officer Sec. 422(6), Sec. 424
City Administrator Sec. 422(7)
Civil Service Commission Sec. 422(2) (3), Sec. 734
Commissioner of the District of Columbia Sec. 103, Sec. 204, Sec. 422, Sec. 711
Compensation Sec. 403, Sec. 421, Sec. 733
Council Secs. 401 – 404
Comptroller General Sec. 442, Sec. 445, Sec. 481, Sec. 603, Sec. 736
Congress Sec. 102, Sec. 303(b), Sec. 446, Sec. 602, Sec. 604, Sec. 739(h)
Constitution (U.S.) Sec. 102, Sec. 302
Contracting authority Sec. 449
Council Secs. 401 – 413, Sec. 421(2), Sec. 423, Sec. 442, Sec. 445A, Secs. 451 – 455, Sec. 462, Secs. 471 – 472, Sec. 603, Sec. 712, Sec. 737, Sec. 738
(See also Limitations on the Council)
(See also Powers of the Council)
(See also Vacancies)
Council acts Sec. 412
, Sec. 602
Courts… (See Judiciary)
Definitions Sec. 103
, Amendment No. 1
, Amendment No. 2
Delegation of power Sec. 102
, Sec. 422
, Sec. 712
Disapproval resolutions by the Congress Sec. 602, Sec. 604
Effective dates Sec. 771
Elections Sec. 401, Sec. 421
, Sec. 724
Federal payment…(Repealed) Sec. 501
Financial accountability Sec. 456
Financial duties of Mayor Sec. 448, Sec. 449
Financial Responsibility and ManagementAssistance Act Sec. 404(f), Sec. 422(6), Sec. 424, Sec. 301, Sec. 453, Sec. 456, Sec. 472, Sec. 490, Sec. 602, Sec. 603(f)
Financial Responsibility and ManagementAssistance Authority Sec. 453(c), Sec. 456(a), Sec. 456(e), Sec. 472(d), Sec. 602
Financing elections pursuant to Home Rule Act Sec. 721
Fiscal Year Sec. 441
Funds, General and Special Sec. 450
General Accounting Office… (See Comptroller General)
Height limitation for buildings Sec. 602
Housing Finance Agency Sec. 490
Independent agencies Secs. 491 – 495
Judiciary Sec. 413, Secs. 431 – 434, Sec. 445, Sec. 602, Sec. 718
Appointment of judges Sec. 433
Chief judge Sec. 431(b)
Judicial Disabilities and Tenure Commission Sec. 431(d), Sec. 442
Judicial Nomination Commission Sec. 431
, Sec. 434, Sec. 442
Legal investment Sec. 486
Manpower administration Sec. 204
Mayor (see also powers of the Mayor) Sec. 103, Secs. 412 – 422, Sec. 713
, Sec. 723
Commission on Mental Health Sec. 602
National Capital Housing Authority Sec. 202
National Capital Planning Commission Sec. 203, Sec. 424, Sec. 602
National Capital Service Area Sec. 739
National Guard Sec. 602
National Zoo Sec. 602
Notes Sec. 424, Sec. 448, Secs. 471 – 490
Office of Management and Budget Sec. 204(f), Sec. 603
Personal interest in contracts Sec. 732
Personnel system Sec. 204, Sec. 422, Sec. 734
Personnel, transfer of Sec. 713
Performance accountability Sec. 456
Planning (see also National Capital Planning Commission) Sec. 423, Sec. 443
Police, emergency control of Sec. 740
Political participation in first elections Sec. 724
Powers of the Council (see also Council) Sec. 303, Sec. 404, Sec. 431, Sec. 434, Sec. 738
Powers of the Mayor (see also Mayor) Sec. 303, Sec. 404, Sec. 422, Sec. 431, Sec. 434, Sec. 442
Preamble to the Charter Sec. 301
President of the United States Sec. 202(b), Sec. 404(f), Sec. 431, Sec. 433, Sec. 434, Sec. 704, Sec. 721, Sec. 739, Sec. 740
Public Service Commission Sec. 442, Sec. 493, Sec. 712
Purposes of the Home Rule Act Sec. 102
Qualifications for office Sec. 402 (Council)7, Sec. 421 (Mayor)
Recall of elected public officials Amendment No. 1
Recorder of deeds Sec. 711
Redevelopment Land Agency Sec. 201
Referendums Sec. 303, Sec. 412, Sec. 462, Amendment No. 1, Sec. 703
Reorganizations of the government Sec. 422(12)
Reservation of congressional authority Sec. 601
Revenue Sec. 442, Sec. 472
Revenue bonds (see bonds)
Severability of this act Sec. 762
Special elections Sec. 401, Sec. 402, Sec. 421, Amendment No. 1, Amendment No. 2
Status of the District Sec. 717
Subpoena power of Council Sec. 413
Sunshine law (open meetings) Sec. 742
Treasury of the United States Sec. 424, Sec. 443, Sec. 450, Sec. 603, Sec. 722Sec. 723
Vacancies in office Sec. 401 (Council), Sec. 422 (Mayor), Sec. 434 (Judges)
Veto by Mayor Sec. 404
Veto override by Council Sec. 404
Washington Aqueduct Sec. 602
Washington Convention Center Authority Sec. 453
Washington Metropolitan Area Transit Authority Sec. 489
Water and Sewer Authority Sec. 442
, Sec. 445A, Sec. 453, Sec. 490
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=rtcgroup=17001-18000file=17001-17039.1
Other DirtyUncleSam.com Videos
- The First DirtyUncleSam.com Video – Breaking the ice on the darkside of the 14th Amendment
- A re-cap of the 14th Amendment with additional resources
- A brief explanation of our constant “STATE OF EMERGENCY”
Continental Congress 2009 ex-delegate speaks about the non-ratification of the 14th Amendment in support of the 14th Amendment subcommittee.
THE ACT OF 1871 “ASLEEP”NOT SLEEP” YOU LOSE AND HERE THE TRUTH.avi
The District of Columbia ACT of 1871 Copy this below and share it with EVERYONE you know!
WWIII Is Coming Soon Here’s Why!?
Homeland Security Report Lists ‘Liberty Lovers’ As Terrorists Repeal – The Act of 1871
The United States Isn’t a Country — It’s a Corporation – Due to the ACT OF 1871 !
Supreme Court Rules in Favor of Obamacare! THE ACT OF 1871 DO YOU BELIEVE NOW
ARE YOU SCARED OF THE TRUTH ? CONSPIRACIES NOT : CONTROL OF GOVERNMENT.avi
Act of Congress to define the word “STATE”
Act of Congress to define the word “PERSON”
Original 1973 Senate Report for the ongoing “State of Emergency”
1967 Congressional Record on the Non Ratification of the14th Amendment
An Act for new form of government
Constitution of The United States of America
The State of Texas requests representation
D.C. Doing Business as “The United States”
Expatriation Act “The Back Door”
Blacks Law Definitions
An Act establishing 14th amendment judicial system
Anti-Government Handbook for The Courts
National Security Presidential Directive Order 51
CRS Report for Congress – Top of page 5 (CRS-2) Top paragraph: executive order 6 and 7 signed by the secretary and not by the president ordering the 14th Amendment ratified and published
1973 CRS Senate report to congress – ORIGINAL DOCUMENT
A Re-Declaration of States Rights and a Republic Form of Government
By changing our standing in law from Constitutional to Corporate we now operate under one type of law. Corporate.
Here’s where the Secretary of state was ordered to say the 14th Amendment was ratified.
A joint resolution rebuking President Johnson for saying the 14th Amendment is Unconstitutional.
The US Supreme court in COLEMAN v- MILLER 307 US 433 (1939)
July 12,1909 Congressional Record page 4404 The Unconstitutional 14th Amendment.
The state of New Jersey House Journals saying the 14th Amendment is Unconstitutional and there state was denied Constitutional representation due to there representative was ejected without cause in order to secure a said 2/3 vote for said ratification of 14th Amendment.
The State of Delaware claiming the proposed 14th Amendment state rights granted in the Constitution.
The State of Oregon withdrew it’s consent to the 14th Amendment due to the proposed 14th Amendment is Unconstitutional and was adopted by FRAUD.
The State of Ohio exercised there right to rescinded (withdrew) there vote for the proposed 14th Amendment. This right was denied them.
November 14, 1866 Florida House Journals.
Georgia house journals 1866 saying the proposed 14th Amendment is Unconstitutional.
The 1866 Georgia Senate journals as well stating the proposed 14th is Unconstitutional.
The 1866 Texas house journals saying the proposed 14th is Unconstitutional.
The Georgia assembly declaring the 14th Amendment Unconstitutional in whats know as The 1957 Georgia memorial to Congress The original in pdf!
When the UNITED STATES declared bankruptcy, pledged all Americans as collateral against the national debt, and confiscated all gold, eliminating the means by which you could pay, it also assumed legal responsibility for providing a new way for you to pay, and it did that by providing what is known as the Exemption, an exemption from having to pay for anything. In practical terms, though, this meant giving each American something to pay with, and that “something” is your credit.
Your value to society was then and still is calculated using actuarial tables and at birth, bonds equal to this “average value” are created. I understand that this is currently between one and two million dollars. These bonds are collateralized by your birth certificate which becomes a negotiable instrument. The bonds are hypothecated, traded until their value is unlimited for all intents and purposes, and all that credit created is technically and rightfully yours. In point of fact, you should be able to go into any store in America and buy anything and everything in sight, telling the clerk to charge it to your Exemption account, which is identified by a nine-digit number that you will recognize as your Social Security number without the dashes. It is your EIN, which stands for Exemption Identification Number.
This post is getting much attention on my blog at the moment. The sooner this information gets out to the masses, the sooner we will be able to put an into the fraud, lies, deceit and corruption, once and for all. For those in doubt, don’t take my word for it, conduct your own research and I’m certain you will draw the same conclusions.. ~BK
http://briankellysblog.blogspot.com/2013/08/your-birth-certificate-was-made-into.html
Who knew, it says “American Bank Note Company” right there on our birth certificates!? I’m connecting so many dots today I think my head might start spinning around and puking green vomit, like the little girl in the Exorcist. Ok I’m sorry, that’s gross. But that’s how disturbing this stuff is. This type of awareness should not leave the reader feeling powerless, but em-powered. The reason this has gone on for so long is a direct result of our collective ignorance. I realize this stuff is not easy to believe and even harder to understand, especially to the newly awakened, and even more so to the still asleep. This is a quote I forced myself to memorize for this very reason:”A truth’s initial commotion is directly proportional to how deeply the lie was believed. It wasn’t the world being round that agitated people but that the world wasn’t flat. When a well-packaged web of lies has been sold gradually to the masses over generations, the truth will seem utterly preposterous and its speaker a raving lunatic.” – Dresden James
When the UNITED STATES declared bankruptcy, pledged all Americans as collateral against the national debt, and confiscated all gold, eliminating the means by which you could pay, it also assumed legal responsibility for providing a new way for you to pay, and it did that by providing what is known as the Exemption, an exemption from having to pay for anything. In practical terms, though, this meant giving each American something to pay with, and that ”something” is your credit.
Your value to society was then and still is calculated using actuarial tables and at birth, bonds equal to this ”average value” are created. I understand that this is currently between one and two million dollars. These bonds are collateralized by your birth certificate which becomes a negotiable instrument. The bonds are hypothecated, traded until their value is unlimited for all intents and purposes, and all that credit created is technically and rightfully yours. In point of fact, you should be able to go into any store in America and buy anything and everything in sight, telling the clerk to charge it to your Exemption account, which is identified by a nine-digit number that you will recognize as your Social Security number without the dashes. It is your EIN, which stands for Exemption Identification Number.
More about the Strawman in this article:http://briankellysblog.blogspot.com/2013/07/the-story-of-your-enslavement-meet-your.html
“The best example of the effects of registration is the birth certificate. A bankrupt entity – city, state/ province, country – cannot operate in commerce. So how do they manage? Since USA has been bankrupt for decades, having no substance such as gold and silver to back it, the only asset it has are men and women and our labour. We are the collateral for the interest on the loan of the World Bank. Each of us is registered, via the application for a birth certificate. The Treasury issues a bond on the birth certificate and the bond is sold at a securities exchange and bought by the Federal Reserve Bank which then uses it as collateral to issue bank notes. The bond is held in trust for the Feds at the Depository Trust Corporation. We are the surety on said bonds. Our labour/energy is then payable at some future date. Hence we become the ‘transmitting utility’ for the transmission of energy. The United States Government, in order to provide necessary goods and services, created a commercial bond (promissory note), by pledging the property, labour, life and body of its citizens, as payment for the debt (bankruptcy). This commercial bond made chattel (property) out of us all. We became nothing more than ‘human resources’ and collateral for the debt. This was without our knowledge and/or our consent, via the filing (registration) of our birth certificates. When mums apply for a birth certificate, the application is registered. The legal title of her baby is then transferred from mum to the State. Mum is left with equitable title of her baby whom she can use for a fee – a ‘use tax’ – and since the property does not belong to her, she has to treat it in the manner which the owner wants.”
Proof ALL of Your Debt is PRE-PAID!
Your debt is PRE-PAID!
August 2, 2013
posted by Brian Kelly
Reblogged from Brian Kelly’s Blog
I had a discussion with a friend the other day when I asked the question on Facebook, ”If you found out your mortgage, car loan, student loan, credit card was fraudulent debt, would you keep paying it?” I included a link to the post I put out about Key Bank waiving a $32K loan. This was his response:
“If I borrow money from someone, I’m going to repay it. I don’t care if it’s the mafia, some made-up big brother organization, or a bank. Stealing is stealing, regardless what you believe, two wrongs don’t make a right.”
The problem with this response is that it’s based on a backwards view of what money and credit REALLY is. What if everything we’ve ever been taught by the system to believe about money and credit is an illusion? Well, it is. Many of those who will read this article already know that. Yet even those who do know, still can’t quite wrap their heads around how the system works in actuality. Believe me, “they” do an extremely good job of keeping these Truths very well hidden. This article does a phenomenal job at breaking it down in very simple, easy to understand terms. All of the facts presented are supported by hard data. Also included is an example of a response letter from ATT to a charge being disputed, whereas the disputing party requested funds be taken from their “Prepaid Treasury Account,” to settle the “alleged” debt. What is not shared by this blogger is the documentation submitted to ATT, which I am working on trying to retrieve from him now.
Before I get to the meat and potatoes of this brilliant article, here are a few facts to consider in the response to my friend on Facebook:
“A deposit created through lending is a debt that has to be paid on demand of the depositor, just the same as the debt arising from a customer’s deposit of checks or currency in the bank. Of course they do not really pay out loans from the money they receive as deposits. If they did this, no additional money would be created. What they do when they make loans is to accept promissory notes in exchange for credits to the borrowers’ transaction accounts. – Federal Reserve Bank, Chicago, Modern Money Mechanics, p. 6
Banks are prohibited from lending their ‘own money’ from their own assets, or from other depositors. So from where did the $$ come? The contract we signed (our promissory note) was converted into a ‘negotiable instrument’ by the bank and became an asset on the bank’s accounting books. According to the UCC 1-201(24) and 3-104, it was our signature on the note which made it $$.
Our promissory note (‘money’) was taken, recorded as an asset of the bank, and sold by the bank for cash without ‘equal valuable consideration’ given to us for our note. The bank gave us a deposit slip as a receipt for the money we gave them, just as the bank would normally provide when we make a deposit to the bank. It then created an account at the bank which would contain this $$ which we just created. A check on this account was issued with our signature and this account is the source of funds behind the cheque which we received as a ‘loan’.
The bank risked none of its own assets in the so-called ‘loan’ to us; rather it used our note to pay the seller, in order to raise an asset for itself, and also used the face value of our note as ‘principal’ which it claims it ‘lent’ us and against which it charged interest. Consideration on the part of the bank is non-existent so the bank has nothing to lose. It can not possibly sustain a loss. Since consideration is essential to an enforceable contract and the note was obtained from us via fraud, the entire transaction/ contract is fraudulent.
Mortgage contracts are written in such a way to appear as if the bank lent us funds before they received our promissory note/ mortgage contract so that the bank can use it as a receipt which they can sell. The contract reads, “For a loan I have received…”, but, you haven’t received it yet. So in fact, we signed and gave the mortgage contract/note to the bank prior to their giving us the funds. So, the application for the loan created the funds (it has our signature on it) and the note (with our signature) covered the funds to ‘repay’ the loan. Again, constructive fraud.”
Right now even though they have no legal right or claim or lien, the bankers hold the “title” to YOU through your birth certificate. You can regain control by simply filing a notice of lien against the birth certificate. Filing notices of lien is done every day. Banks regularly file notices of liens with the Department of Commerce to prove and establish their interest in all kinds of property… homes, cars, tools, equipment. This is done very simply by contacting the Secretary of State or Department of Commerce and filing a UCC-1 financing statement and listing the property as collateral on the statement. The same can be done with your birth certificate, which is your property. You and only you can file this notice of lien… You and only you can determine the value of the property. Since you are priceless in God’s eyes the value of your UCC-1 should be UNLIMITED.
In this case, the “company” is the government. Because you “agreed” to work for the government, the company, for the rest of your life, the government (company) agreed to “pay” all of the debt you incur in your lifetime. Is that a bit of a surprise to you? It should be. No one has told you or showed you how use this information. In exchange for your birth certificate and your application for Social Security, which they used as collateral to reduce their debt with the bankers, the government (company) promised to pay your debts. You work on behalf of the US government AS COLLATERAL ON THE NATIONAL DEBT owed to the bankers.
Whatever your debt, it’s actually prepaid.
That’s right, your debt is “prepaid” with what is known as “money of account.” There is no real substance or “money of exchange” such as gold or silver; only accounting adjustments and set offs. The US government agreed to do this for you with the passage of House Joint Resolution (HJR) 192 back in 1933 shortly after the National Emergency and Bank Holiday declared by President Roosevelt. You’re already signed up for this program from birth; it’s just that no one told you about it, UNTIL NOW!
Like all good companies though, the US government offered to its “worker bees”, insurance benefits. They offered insurance to us if we would fill out an SS-5 form, also known as “Application for Social Security Benefits”. It’s also the hook they use to get us to sign up as their collateral on the national debt. This all originated from the “Shepard Towners Maternity Act” that was to help new mothers with the care of their children if the mother was unwed. (This is why they ask for the maiden name of the mother on the “application for live birth”. All of us are considered to be “bastard children” with the government (company) as our “daddy”)
The SS-5 is really a Power Of Attorney (POA) for the company that issued the insurance benefit to You, the real man or woman. POA was assumed by the company, the government. When they established the new account they styled the name in ALL CAPS. Very few people normally sign their name in ALL CAPS. Your JOHN H. DOE is really a corporation. Print your name in ALL CAPS if you intend to express the name/ title of Your corporation. You’ll find it on “your” driver’s license, “your” social security card, “your” bank statement, “your” check blanks, “your” tax statements, etc. The Social Security number is evidence that there is an insurance policy. The benefit you are receiving is the privilege of an army, navy, police, fire protection, Medicaid, medicare, SSI, pension etc.
So far it has worked quite well for the government (company)… they just didn’t tell you how to go about getting your debt set off and how to access and use the pre-paid account, all the more money for their pet projects…wars of pre-emption, international intrigue, control and domination of the global markets, etc. You/ve perhaps read about this in the news or seen it on the evening news. You’re letting them use your money for crimes against humanity.
Aaron Russo’s Mad As Hell THE ACT OF 1871 FULL VIDEO HD
{ WATCH ALL OF THE VIDEOS }
The Act of 1871 – Is this the source of all our problems?
The United States Isn’t a Country — It’s a Corporation – Due to the ACT OF 1871 !
Homeland Security Report Lists ‘Liberty Lovers’ As Terrorists Repeal – The Act of 1871
Supreme Court Rules in Favor of Obamacare! THE ACT OF 1871 DO YOU BELIEVE NOW
THE ACT OF 1871 “ASLEEP”NOT SLEEP” YOU LOSE AND HERE THE TRUTH.avi
ABOLISH THE ACT OF1871 TO BE FREE
Copy this below and share it with EVERYONE you know! District of Columbia Act of 1871
The District of Columbia ACT of 1871 Copy this below and share it with EVERYONE you know!
The Slavery System Whether we realized it or not?
The Real Meaning of the Fourth of July
UPDATE 6/28/2013 ALL OF What You’re Not Being Told
Welcome to the Republic for the united States of America!!
WWIII Is Coming Soon Here’s Why!?
UNITED STATES THE CORPORATION:THE TRUTH THE NEWS WILL NOT TELL YOU
District of Columbia v. Heller US Senate Says Right to Keep Bear Arms is Debatable
Not In My Name from Free My Mind by Eddie Parrino
The U.S. Constitution Needs You
Republic For The United States Of America – [THE LAW OF THE LAND]
ARE YOU SCARED OF THE TRUTH ? CONSPIRACIES NOT : CONTROL OF GOVERNMENT.avi
HISTORICAL FACTS
THIS IS WHY Adam Kokesh march on THE District of Columbia WILL NOT WORK
ARE YOU SCARED OF THE TRUTH ? CONSPIRACIES NOT : CONTROL OF GOVERNMENT.avi
Homeland Security Report Lists ‘Liberty Lovers’ As Terrorists Repeal – The Act of 1871
Supreme Court Rules in Favor of Obamacare! THE ACT OF 1871 DO YOU BELIEVE NOW
=
Bill Allows IRS To Revoke Second Amendment Rights By Stealth
Is the NDAA illegal? NOT NO BUT HELL NO!!!!!!!!!!!
MEET YOUR STRAWMAN ! Your Birth Certificate its Worth Billions!
Take Back Your Strawman
UCC-1-Uniform Commercial Code-Take back your Strawman.
On April 5, 1933, then President Franklin Delano Roosevelt, under Executive Order, issued April 5, 1933, declared: “All persons are required to deliver on or before May 1, 1933 all Gold Coin, Gold Bullion, Gold Certificates now owned by them to a Federal Reserve Bank, branch or agency, or to any member bank of the Federal Reserve System.”
James A. Farley, Postmaster General at that time, required each postmaster in the country to post a copy of the Executive Order in a conspicuous place within each branch of the Post Office. On the bottom of the posting was the following:
CRIMINAL PENALTIES for VIOLATION of EXECUTIVE ORDER
$10, 000 fine or 10 years imprisonment, or both, as provided in Section 9 of the order.
Section 9 of the order reads as follows: “Whosoever willfully violates any provisions of this Executive Order or of these regulations or of any rule, regulation or license issued thereunder may be fined not more than $10,000, or if a natural person, may be imprisoned for not more than 10 years, or both; any officer, director or agency of any corporation who knowingly participates in any such violation may be punished by a like fine, imprisonment, or both.
NOTE: Stated within a written document received September 17, 1997, from the U.S. Department of Justice, Office of Legal Counsel, Office of the Deputy Assistant Attorney General, Richard L. Shiffin, in response to a Freedom of Information Act (FOIA), was the following:
“A fact that is frequently overlooked is that Executive Orders proclamations of the President normally have no direct effect upon private persons or their property, instead, normally constitute only directives or instructions to officers or employees of the Federal Government. The exception is those cases in which the President is expressly authorized or required by laws enacted by the Congress to issue an Executive order or proclamation dealing with the legal rights or obligations of members of the public. Such as issuance of Selective Service Regulations, establishment of boards to investigate certain labor disputes, establishment of quotas or fees with respect to certain imports into this country.”
Note: it seems rather obvious that President Franklin D. Roosevelt was not “expressly authorized or required” to “issue an Executive Order or proclamation” demanding the public (private) to relinquish their privately held gold.
Meet Your Strawman! by TATS-2-MIN-NEWS
The order (proclamation) issued by Roosevelt was an undisciplined act of treason. Two months after the Executive Order, on June 5, 1933, the Senate House of Representatives, 73d Congress, 1st session, at 4:30 p.m. approve House Joint Resolution (HJR) 192: Joint Resolution To Suspend The Gold Standard Abrogate The Gold Clause, Joint resolution to assure uniform value to the coins currencies of the United States.
HJR-192 states, in part, that “Every provision contained in or made with respect to any obligation which purports to give the oblige a right to require payment in gold or a particular kind of coin or currency, or in any amount of money of the United States measured thereby, is declared to be against public policy, no such provision shall be contained in or made with respect to any obligation hereafter incurred. Every obligation, heretofore or hereafter incurred, whether or not any such provisions is contained therein or made with respect thereto, shall be discharged upon payment, dollar for dollar, in any such coin or currency which at the time of payment is legal tender for public private debts.”
HJR-192 goes on to state: “As used in this resolution, the term ‘obligation’ means an obligation (including every obligation of to the United States, excepting currency) payable in money of the United States; the term ‘coin or currency’ means coin or currency of the United States, including Federal Reserve notes circulating notes of Federal Reserve banks national banking associations.”
HJR-192 superseded Public Law (what passes as law today is only “color of law”), replacing it with public policy. This eliminated our ability to PAY our debts, allowing only for their DISCHARGE. When we use any commercial paper (checks, drafts, warrants, federal reserve notes, etc.), accept it as money, we simply pass the unpaid debt attached to the paper on to others, by way of our purchases transactions. This unpaid debt, under public policy, now carries a public liability for its collection. In other words, all debt is now public.
The United States government, in order to provide necessary goods services, created a commercial bond (promissory note), by pledging the property, labor, life body of its citizens, as payment for the debt (bankruptcy). This commercial bond made chattel (property) out of every man, woman child in the United States. We became nothing more than “human resources” collateral for the debt. This was without our knowledge /or our consent. How? It was done through the filing (registration) of our birth certificates!
The United States government -actually the elected appointed administrators of government -took ( still do, to this day) certified copies of all our birth certificates placed them in the United States Department of Commerce … as registered securities. These securities, each of which carries an estimated $1,000,000 (one million) dollar value, have been ( still are) circulated around the world as collateral for loans, entries on the asset side of ledgers, etc., just like any other security. There’s just one problem, we didn’t authorize it.
The United States is a District of Columbia corporation. In Volume 20: Corpus Juris Sec. § 1785 we find “The United States government is a foreign corporation with respect to a State” (see: NY re: Merriam 36 N.E. 505 1441 S. 0.1973, 14 L. Ed. 287). Since a corporation is a fictitious “person” (it can not speak, see, touch, smell, etc.), it can not, by itself, function in the real world. It needs a conduit, a transmitting utility, a liaison of some sort, to “connect” the fictional person, fictional world in which it exists, to the real world.
https://tatoott1009.com/2014/02/01/your-birth-certificate-was-made-into-a-bondits-worth-billions/
LIVING people, exist in a real world, not a fictional, virtual world. But government does exist in a fictional world, can only deal directly with other fictional or virtual persons, agencies, states, etc.. In order for a fictional person to deal with real people there must be a connection, a liaison, a go-between. This can be something as simple as a contract. When both “persons,” the real the fictional, agree to the terms of a contract, there is a connection, intercourse, dealings, there is a communication, an exchange. There is business! But there is another way for fictional government to deal with the real man woman: through the use of a representative, a liaison, the go-between. Who is this go-between, this liaison that connects fictional government to real men women? It’s a government created shadow, a fictional man or woman … with the same name as ours.
This PERSON was created by using our birth certificates as the MCO (manufacturer’s certificate of origin) the state in which we were born as the “port of entry”. This gave fictional government a fictional PERSON with whom to deal directly. This PERSON is a strawman.
STRAMINEUS HOMO: Latin: A man of straw, one of no substance, put forward as bail or surety. This definition comes from Black’s Law Dictionary, 6th. Edition, page 1421. Following the definition of STRAMINEUS HOMO in Black’s we find the next word, Strawman. STRAWMAN: A front, a third party who is put up in name only to take part in a transaction. Nominal party to a transaction; one who acts as an agent for another for the purposes of taking title to real property executing whatever documents instruments the principal may direct. Person who purchases property for another to conceal identity of real purchaser or to accomplish some purpose otherwise not allowed. Webster’s Ninth New Collegiate Dictionary defines the term “strawman” as: 1: a weak or imaginary opposition set up only to be easily confuted 2: a person set up to serve as a cover for a usually questionable transaction. The Strawman can be summed up as an imaginary, passive stand-in for the real participant; a front; a blind; a person regarded as a nonentity. The Strawman is a “shadow”, a go-between. For quite some time a rather large number of people in this country have known that a man or woman’s name, written in ALL CAPS, or last name first, does not identify real, living people. Taking this one step further, the rules of grammar for the English language have no provisions for the abbreviation of people’s names, i.e. initials are not to be used. As an example, John Adam Smith is correct. ANYTHING else is not correct. Not Smith, John Adam or Smith, John A. or J. Smith or J. A. Smith or JOHN ADAM SMITH or SMITH, JOHN or any other variation. NOTHING, other than John Adam Smith identifies the real, living man. All other appellations identify either a deceased man or a fictitious man: such as a corporation or a STRAWMAN.
Over the years government, through its “public” school system, has managed to pull the wool over our eyes keep US ignorant of some very important facts. Because all facets of the media (print, radio, television) have an ever-increasing influence in our lives, because media is controlled (with the issuance of licenses, etc.) by government its agencies, we have slowly systematically been led to believe that any form/appellation of our names is, in fact, still us: as long as the spelling is correct. WRONG!
We were never told, with full open disclosure, what our government officials were planning to do why.
We were never told that government (the United States) was a corporation, a fictitious “person”.
We were never told that government had quietly, almost secretly, created a shadow, a STRAWMAN for each every AMERICAN, so that government could not only “control” the people, but also raise an almost unlimited amount of revenue – so it could continue not just to exist, but to GROW.
We were never told that when government deals with the STRAWMAN it is not dealing with real, living, men women.
We were never told, openly clearly with full disclosure of all the facts, that since June 5, 1933, we have been unable to pay our debts.
We were never told that we had been pledged ( our children, their children, their children, on on) as collateral, mere chattel, for the debt created by government officials who committed treason in doing so.
We were never told that they quietly cleverly changed the rules, even the game itself, that the world we perceive as real is in fact fictional -and it’s all for their benefit.
We were never told that the STRAWMAN -a fictional person, a creature of the state -is subject to all the codes, statutes, rules, regulations, ordinances, etc. decreed by government, but that WE, the real man woman, are not. We were never told we were being treated as property, as slaves (albeit comfortably for some), while living in the land of the free – that we could, easily, walk away from the fraud.
WE WERE NEVER TOLD, WE WERE BEING ABUSED!
There’s something else you should know: Everything, since June 1933, operates in COMMERCE! Commerce is based on agreement, contract. Government has an implied agreement with the Strawman (government’s creation) the Strawman is subject to government rule, as we illustrated above. But when we, the real flesh blood man woman, step into their “process” we become the “surety” for the fictional Strawman. Reality fiction are reversed. We then become liable for the debts, liabilities obligations of the Strawman, relinquishing our real (protected) character as we stand up for the fictional Strawman.
So that we can once again place the Strawman in the fictional world ourselves in the real world (with all our “shields” in place against fictional government) we must send a nonnegotiable (private) “Charge Back” a nonnegotiable “Bill of Exchange” to the United States Secretary of Treasury, along with a copy of our birth certificate, the evidence, the MCO, of the Strawman. By doing this we discharge our portion of the public debt, releasing US, the real man, from the debts, liabilities obligations of the Strawman. Those debts, liabilities obligations exist in the fictional commercial world of “book entries”, on computers /or in paper ledgers. It is a world of “digits” “notes”, not of money substance. Property of the real man once again becomes tax exempt free from levy, as it must be in accord with HJR-192.
Sending the nonnegotiable Charge Back Bill of Exchange accesses our Treasury Direct Account (TDA). What is our TDA? Let’s go to Title 26 USC take a look at section 163(h)(3)(B)(ii), $1,000,000 limitation: “The aggregate amount treated as acquisition indebtedness for any period shall not exceed $1,000,000 ($500,000 in the case of a married individual filing a separate return).”
This $1,000,000 (one million) account is for the Strawman, the fictional “person” with the name in all caps /or last name first. It is there for the purpose of making book entries, to move figures, “digits” from one side of ledgers to the other. Without constant movement a shark will die quite ironically, like the shark, there must also be constant movement in commerce, or it too will die. Figures, digits, the entries in ledgers must move from asset side to debit side back again, or commerce dies. No movement, no commerce.
The fictional person of government can only function in a fictional commercial world, one where there is no real money, only fictional funds … mere entries, figures, digits.
A presentment from fictional government -from traffic citation to criminal charges -is a negative, commercial “claim” against the Strawman. This “claim” takes place in the commercial, fictional world of government. “Digits” move from one side of your Strawman account to the other, or to a different account. This is today’s commerce.
In the past we have addressed these “claims” by fighting them in court, with one “legal process” or another, failed. We have played the futile, legalistic, dog–pony show -a very clever distraction -while the commerce game played on.
But what if we refused to play dog–pony, played the commerce game instead? What if we learned how to control the flow movement of entries, figures, digits, for our own benefit? Is that possible? And if so, how? How can the real man in the real world, function in the fictional world in which the commerce game exists?
When in commerce do as commerce does, use the Uniform Commercial Code (UCC)? The UCC-1 Financing Statement is the one contract in the world that can NOT be broken it’s the foundation of the Accepted For Value process. The power of this document is awesome.
Since the TDA exists for the Strawman -who, until now, has been controlled by government – WE can gain control ( ownership) of the Strawman by first activating the TDA then filing an UCC-1 Financing Statement. This does two things for US.
First, by activating the TDA we gain limited control over the funds in the account. This allows US to also move entries, figures, digits … for OUR benefit.
Secondly, by properly filing an UCC-1 Financing Statement we can become the holder in due course of the Strawman. This gives us virtual ownership of the government created entity. So what? What does it all mean?
Remember earlier we mentioned that a presentment from government or one of its agents or agencies was a negative commercial claim against the Strawman ( the Strawman’s account, the TDA)? Remember we told you entries, figures, digits moved from one side of the account to the other, or to a different account? Well now, with the Strawman under our control, government has no access to the TDA they also lose their go-between, their liaison, their “connection” to the real, living man woman. From now on, when presented with a “claim” (presentment) from government, we will agree with it (this removes the “controversy”) we will ACCEPT IT FOR VALUE. By doing this we remove the negative claim against our account become the “holder in due course” of the presentment. As holder in due course you can require the sworn testimony of the presenter of the “claim” (under penalty of perjury) request the account be properly adjusted.
It’s all business, a commercial undertaking, the basic procedure is not complicated. In fact, it’s fairly simple. We just have to remember a few things, like: this is not a “legal” procedure -we’re not playing dog–pony. This is commerce, we play by the rules of commerce. We accept the “claim”, become the holder in due course, challenge whether or not the presenter of the claim had/has the proper authority (the Order) to make the claim (debit our account) in the first place. When they cannot produce the Order (they never can, it was never issued) we request the account be properly adjusted (the charge, the “claim ” goes away).
If they don’t adjust the account a request is made for the bookkeeping records showing where the funds in question were assigned. This is done by requesting the Fiduciary Tax Estimate the Fiduciary Tax Return for this claim. Since the claim has been accepted for value is prepaid, our TDA account is exempt from levy, the request for the Fiduciary Tax Estimate the Fiduciary Tax Return is valid because the information is necessary in determining who is delinquent /or making claims on the account. If there is no record of the Fiduciary Tax Estimate the Fiduciary Tax Return, we then request the individual tax estimates individual tax returns to determine if there is any delinquency.
If we receive no favorable response to the above requests, we will then file a currency report on the amount claimed/assessed against our account begin the commercial process that will force them to either do what’s required or lose everything they own -except for the clothing they are wearing at the time. This is the power of contracts (commerce) it should be mentioned, at least this one time, that a contract overrides the Constitution, the Bill of Rights, any other document other than another contract. We should also mention that no process of law -“color” of law under present codes, statutes, rules, regulations, ordinances, etc. – can operate upon you, no agent /or agency of government (including courts) can gain jurisdiction over you, WITHOUT YOUR CONSENT. You, (we) are not within their fictional commercial venue.
The Accepted for Value process, however, gives us the ability to deal with “them” -through the use of our transmitting utility/go-between, the Strawman – hold them accountable in their own commercial world, for any action(s) they attempt to take against us. Without a proper Order, now we know they’re not in possession of such a document, they must leave us alone … or pay the consequences.
Yes, this process IS powerful.
Yes, it CAN set us free from government oppression control.
But remember: “What goes around, comes around”. “Do unto others, as you have others do unto you.” It’s simple, folks, DO NOT ABUSE THIS PROCESS … if you do it could come around bite you.
House Joint Resolution 192 1933: 31 USC 5118
31 USC 5118 – §5118. Gold clauses and consent to sue
(a) In this section –
(1) “gold clause” means a provision in or related to an obligation alleging to give the obligee a right to require payment in –
(A) gold;
(B) a particular United States coin or currency; or
(C) United States money measured in gold or a particular United States coin or currency.
(2) “public debt obligation” means a domestic obligation issued or guaranteed by the United States Government to repay money or interest.
(b) The United States Government may not pay out any gold coin. A person lawfully holding United States coins and currency may present the coins and currency to the Secretary of the Treasury for exchange (dollar for dollar) for other United States coins and currency (other than gold and silver coins) that may be lawfully held. The Secretary shall make the exchange under regulations prescribed by the Secretary.
(c)
(1) The Government withdraws its consent given to anyone to assert against the Government, its agencies, or its officers, employees, or agents, a claim –
(A) on a gold clause public debt obligation or interest on the obligation;
(B) for United States coins or currency; or
(C) arising out of the surrender, requisition, seizure, or acquisition of United States coins or currency, gold, or silver involving the effect or validity of a change in the metallic content of the dollar or in a regulation about the value of money.
(2) Paragraph (1) of this subsection does not apply to a proceeding in which no claim is made for payment or credit in an amount greater than the face or nominal value in dollars of public debt obligations or United States coins or currency involved in the proceeding.
(3) Except when consent is not withdrawn under this subsection, an amount appropriated for payment on public debt obligations and for United States coins and currency may be expended only dollar for dollar.
(d)
(1) In this subsection, “obligation” means any obligation (except United States currency) payable in United States money.
(2) An obligation issued containing a gold clause or governed by a gold clause is discharged on payment (dollar for dollar) in United States coin or currency that is legal tender at the time of payment.
This paragraph does not apply to an obligation issued after October 27, 1977.
Historical And Revision Notes
Revised Source (U.S. Code) Source (Statutes at Large) Section
5118(a) 31:773d. Aug. 27, 1935, ch. 780, 49 Stat. 938. 5118(b) 31:315b. Jan. 30, 1934, ch. 6, Sec. 5, 48 Stat. 340. 31:773a. 5118(c)( 31:773b. 1), (2) 5118(c)( 31:773c. 3) 5118(d) 31:463. June 5, 1933, ch. 48, Sec. 1, 48 Stat. 113. 31:463(note). Oct. 28, 1977, Pub. L. 95-147, Sec. 4(c), 91 Stat. 1229.
In subsection (a), before clause (1), the words “the phrase” are omitted as surplus.
In clause (1), the words “declared to be against public policy by sectionof this title” are omitted as surplus.
Clause (2) is substituted for 31:773d(words after semicolon) for consistency in the revised title and to eliminate unnecessary words.
In subsection (b), the words “after January 30, 1934” in 31:315b are omitted as executed.
The words “that may be lawfully held” are substituted for “which may be lawfully acquired and are legal tender for public and private debts” in 31:773a for consistency in the subsection and to eliminate unnecessary words.
The words “and that the owners of the gold clause securities of the United States shall be, at their election, entitled to receive immediate payment of the stated dollar amount thereof with interest to the date of payment or to prior maturity or to prior redemption date, whichever is earlier” in section 1 of the Act of August 27, 1935 (ch. 780, 49 Stat. 938), are omitted as expired.
The words “make the exchange” are substituted for “make such exchanges and payments upon presentation hereunder” to eliminate unnecessary words.
The words “No gold shall after January 30, 1934, be coined” in 31:315b are omitted because of section 5112 of the revised title.
The text of 31:315b(proviso) is omitted as unnecessary because of the restatement.
The text of 31:315b(last sentence) is omitted as executed.
In subsection (c)(1), before clause (A), the word “Government” is substituted for “United States” for consistency in the revised title and with other titles of the United States Code. The words “to anyone” are added for clarity.
The words “whether by way of suit, counterclaim, set-off, recoupment, or other affirmative action or defense in its own name or in the name of” are omitted as surplus.
The word “employees” is added for consistency in the revised title and with other titles of the Code. The word “instrumentalities” is omitted as unnecessary because of section 101 of the revised title.
The word “claim” is substituted for “right, privilege, or power” to eliminate unnecessary words and for consistency in the revised title and with other titles of the Code. The words “in any proceeding of any nature whatsoever” are omitted as surplus.
In clause (C), the words “or demand” are omitted as surplus.
In subsection (c)(2), the words “any suit commenced prior to
August 27, 1935, or which may be commenced by January 1, 1936” are omitted as executed.
The words “referred to in this section” are omitted as surplus. In subsection (c)(3), the words “may be expended” are substituted for “an amount appropriated or authorized to be expended” and “shall be available for or expended in”, and the words “dollar for dollar” are substituted for “on an equal and uniform dollar for dollar basis”, to eliminate unnecessary words.
In subsection (d)(1), the words “including every obligation of and to the United States” are omitted as surplus.
The text of 31:463(b)(words after semicolon) is omitted as unnecessary because of the restatement.
AMENDMENTS 1997 – Subsec. (d)(2). Pub. L. 105-61 struck out at end “This paragraph shall apply to any obligation issued on or before October 27, 1977, notwithstanding any assignment or novation of such obligation after October 27, 1977, unless all parties to the assignment or novation specifically agree to include a gold clause in the new agreement.
Nothing in the preceding sentence shall be construed to affect the enforceability of a Gold Clause contained in any obligation issued after October 27, 1977 if the enforceability of that Gold Clause has been finally adjudicated before the date of enactment of the Economic Growth and Regulatory Paperwork Reduction Act of 1996.” 1996 – Subsec. (d)(2). Pub. L. 104-208 inserted at end “This paragraph shall apply to any obligation issued on or before October 27, 1977, notwithstanding any assignment or novation of such obligation after October 27, 1977, unless all parties to the assignment or novation specifically agree to include a gold clause in the new agreement.
Nothing in the preceding sentence shall be construed to affect the enforceability of a Gold Clause contained in any obligation issued after October 27, 1977 if the enforceability of that Gold Clause has been finally adjudicated before the date of enactment of the Economic Growth and Regulatory Paperwork Reduction Act of 1996.” 1985 – Subsec.(b). Pub. L. 99-185 struck out “or deliver” after “pay out” and inserted “(other than gold and silver coins)” before “that may be lawfully held”.
EFFECTIVE DATE OF 1985 AMENDMENT
Amendment by Pub. L. 99-185 effective Oct. 1, 1985, except that no coins may be issued or sold under section 5112(i) of this title before Oct. 1, 1986, see section 3 of Pub. L. 99-185, set out as a note under section 5112 of this title.
The information here is presented by: http://educationcenter2000.com
Our mission is to educate consumers about secured and unsecured credit and options available to them.
We believe that if you don’t know your rights, you don’t know your options.
Join Us Today, We have been successfully helping consumers with Debt Resolution and Credit Repair more than 10 years.
Judicial Notice of my right to travel exhibit, how to cancel a citation within 72 hours, dealing with traffic tickets, how to proceed when stopped, Unprejudiced Reservation of Rights, Notice to Arresting Officer, Truth Affidavit Maritime Claim Rules, Why should you always fight your traffic ticket…
Your Right to Property
Banking, Bank Presentment, Handling Banks and County Recorders, Mullin’s Secrets of the Federal Reserve, Patriot Act makes banks pry into new accounts, What is a Surety Bond, 20 UCC Provisions Bankers Forget. Commercial Lien, The Commercial Lien Process, Notice of Lien, common law lien format. True Bill Commercial Presentment Default, Unsecured Debt, Debt Collection FAQ, FTC opinion on verification, Demand to Cease and Desist Collection Activities, Discharging Unsecured Debt. Due Diligence, The Real Story of the Money Control Over America, The Sheeple Fiat, Foreclosures, Land Patents, Asset Forfeiture Manual, Involuntary Bankruptcy and 100’s of folders packed with information prevent you to being the victim of legal system corruption and government oppression.
How to talk to the police! (Shut Up!)
Included in this package are two videos produced by a prosecuting attorney and a police detective telling you how to conduct yourself when stopped by a traffic cop or when you are arrested.
You Cannot Be a Victim in the Republic
No process of law—“color” of law under present codes, statutes, rules, regulations, ordinances, etc.—can operate upon you; no agent and/or agency of government, including courts, can gain jurisdiction over you, without your consent! You do not exist within their fictional commercial venue.
If you don’t get a remedy then it is truly the enemies fault. And who is the enemy here? We know who the enemy is and do not think it’s anyone other than YOU. You are absolutely your own worst enemy.
“We of this mighty western Republic have to grapple with the dangers that spring from popular self-government tried on a scale incomparably vaster than ever before in the history of mankind, and from an abounding material prosperity greater also than anything which the world has hitherto seen.”
“As regards the first set of dangers, it behooves us to remember that men can never escape being governed. Either they must govern themselves or they must submit to being governed by others. If from lawlessness or fickleness, from folly or self-indulgence, they refuse to govern themselves, then most assuredly in the end they will have to be governed from the outside. They can prevent the need of government from without only by showing that they possess the power of government from within, a sovereign cannot make excuses for his failures; a sovereign must accept the responsibility for the exercise of the power that inheres in him, and where, as is true in our Republic, the people are sovereign, then the people must show a sober understanding and a sane and steadfast purpose if they are to preserve that orderly liberty upon which as a foundation every republic must rest.”
Theodore Roosevelt: Jamestown Exposition April 26,1907
You are either sovereign or you are not and if you are sovereign you do not have one single excuse. You are responsible to be here, you are responsible to internalize this or get the guidance for it and then understand what you were guided to.
YOU are the enemy.
The Republic is here and the Democracy is here. When you understand that, the skies will clear any epiphanies will come to you. These principles and understandings being presented to you are going to give you the remedy for all that troubles you.
In fact we have shown you in keeping your administrative process PRIVATE that is playing (operating) in the PRIVATE. I will show you how to stay in the Republic (the court has no jurisdiction over you) in the court.
The Republic is the PRIVATE.
PRIVATE is the Republic; the PRIVATE has always existed and always will as it did in the Roman times it does now. The Republic is everywhere.
It’s not that the Republic is gone. It is there.
YOU must know how to access it and only an individual who takes responsibility and acts as the creditor in such a way as “I am the one bringing resolution and solution.” “I am here to solve your problem.” Those are the only people that can gainfully access the Republic.
The PRIVATE is already here! It’s now you are PRIVATE! The Republic is here and NOW!
Debtors Can Be Victims in the Democracy
You have a bunch of debtors who operate the Democracy. We cannot take away the Democracy for the debtor’s because they want benefits and privileges. And also there are people that need benefits and privileges.
The Democracy takes care of the Paralympics and the medically infirmed and the old that have not planned for their future. This government is beautiful they take care of people.
If you dumb people down far enough they don’t even know that they have rights they think they only have privileges.
Privileges differ in that they are granted and revoked by the government; rights do not derive from government but limit the exercise of governmental powers.
KNOW WHO YOU ARE!
For Example: Take the Massachusetts Commonwealth. Is the wealth common in the individual Republic or is it common in the society in the democracy? The answer is yes whichever side you go to.
So we have also used terms like domestic; non-domestic domestic is the public it is the democracy; nondomestic is private the Republic. Isn’t it interesting we have a term non-domestic and we have a term foreign?
Why would we have nondomestic and foreign? Unless non-domestic and domestic co-existed.
So there has always been a Republic. Very few people access it and utilize it or take responsibility to the level it takes to operate there.
Finally, you have the information you need to know who you are, and understand who the STRAWMAN (fiction) is and take on full liability and responsibility for your actions. You will stop being a victim of government oppression and legal system corruption and understand how to live freely within the fictional commercial venue.
You won’t hear much about it this coming debate season, when Republican and Democratic presidential contenders take the stage in an attempt to one-up each other on “the issues.”
You won’t read about it in the mainstream media, which has its own agenda and is usually far too occupied with meaningless political minutiae inside the beltway.
But the Convention of States movement is gaining ground and momentum, as more state legislatures come to realize that solutions to the nation’s most pressing problems such as crippling debt and burdensome, top-down, one-size-fits-all governance will never be solved in Washington.
In fact, more states are coming to the realization that Washington is the problem.
As noted in an recent email by the CoS movement, sponsored by an organization called Citizens for Self-Governance, during the Revolutionary War the British, along with most American colonists, got one side of the story in the day’s newspapers:
During the American Revolution, the British read the papers every day and heard constantly of General Washington’s failures. Yet what they did not see was the strategic increase in strength and partnership with foreign nations that Washington used to lead the colonists to victory against the Crown.
The same is true today. In the fight for liberty, most of the time the “talk” among the media elite, which sets the political news agenda for the entire country, seldom harps about loss of liberty, per se; the emphasis the MSM places on the issues of “liberty” and “self-government” is that the American citizenry is not capable of same, and that top-down, Big Government solutions are the answer. That gives most concerned Americans the impression that they are losing the fight to regain lost freedoms.
But in fact, as the CoS movement stated, it “is achieving massive victories in the fight for liberty” quietly, behind the scenes, and relatively unnoticed save for a few who are watching the progress.
“Just this year, we filed the Convention of States application in 34 state legislatures. Of those 34 states, 19 have passed initial committee votes already, after filing,” the movement said. “Additionally, three state Senate chambers and eight House chambers have moved from Committee to passing the application via their respective floor votes thus far.”
And this progress builds on earlier “valiant” efforts of activists in Georgia, Alaska, Florida, and just recently Alabama who have all passed the COS application in both houses.
“We are achieving victories, but just like General Washington, we will have many battles before we win the war and return self-governance to the states and our fellow citizens,” the organization said, which has just launched a fundraising campaign to raise $100,000 in a bid to prod more states into committing to an Article V Convention of States.
As we have reported before, the Article V state convention process is a constitutional instrument given us by the Founders as a means of states reasserting their sovereignty and authority when it has been determined that too much power has shifted to the federal government – which is clearly the case today.
There are a number of reasons why this shift occurred, but the more important issue now is not how it happened by how to reverse it.
Some have expressed concerns that Article V is the same thing as a “constitutional convention,” but that’s incorrect; the Constitution Convention of 1787 was held to write the nation’s founding document, which ultimately still had to be sent to the states for ratification.
An Article V convention of states is different; individual constitutional amendments are considered on a pre-approved basis, and any that are ultimately approved at an Article V convention still must be sent to the states, where three-fourths must ultimately ratify. It’s a complicated, time-consuming process, but that was by design.
And now, early in the 21st century, it has become necessary for us to utilize this constitutional process – for the first time ever – so that states can restore the broken checks and balances within the federal government construct.
“Washington, D.C., is broken. The federal government is spending this country into the ground, seizing power from the states and taking liberty from the people,” says CoS, on its web site. “It’s time American citizens took a stand and made a legitimate effort to curb the power and jurisdiction of the federal government.
“The Founders gave us a tool to fix Washington, D.C. We must use it before it is too late.”
We agree.
We realize talking about “the Constitution” isn’t much in vogue today among most elected leaders and the media – unless it is invoked to push some special interest social agenda. But is all we have standing between We the People and Big Government tyranny, and you should never doubt there are those in power who would utterly gut it if they could.
We have a process whereby we can prevent that. We should use it.
Benjamin Franklin, Thomas Jefferson, John Adams and our alpha president George Washington will forever be remembered as the Founding Fathers. After you see their phat hip hop stylings, you’ll remember them as something else: totally fresh!
WHILE YOU’ER DISTRACTED WITH DOOMSDAY HERE IS STUFF YOU’RE NOT SUPPOSED TO KNOW
STUFF YOU’RE NOT SUPPOSED TO KNOW
I didn’t plan on writing PART 5 but given the global movement in play
to collapse the fiat financial dominance historically created and
controlled by the Vatican; European Royal and Elite plus the
retaliatory efforts by the United States Corporation to recoup their
control of America; I felt a need to point out the flaws in their
CORPORATE PROCESS. You probably identify with this CORPORATE PROCESS
as LEGAL PROCESS but it really isn’t about what is legal or lawful
because all process is about the enforcement of CONTRACTS or the
imposition and enforcement of CORPORATE REGULATIONS called STATUTES.
The best advice you will ever receive is to: AVOID THEIR COURTS
WHENEVER POSSIBLE. There is NO justice to be found in those courts
unless you are a member of the Vatican; the royal or Elite, or have
purchased Diplomatic Immunity.
THE COURTS:
The only Constitutional Court in America is the International Court of
Trades, which was created because no Foreign Nation Government would
trade with the Corporate United States, until they provided a way for
these foreign Nations to enforce their Trade Agreements with America.
NOTE: Historically, the World Court was created to provide Nations
with a venue to enforce their Trade Agreements but the Corporate
United States refused the Courts invitation to participate because
they were denied control over the Court.
All of the other American Courts are pseudo courts or fictions and
simply are Corporate Administrative Offices designed to resemble
Courts and all of their Judges are simply Executive Administrations
designed to resemble Judges.
YOUR BIRTH CERTIFICATE IS A STOCK ON THE NYSE YOU’RE ALL SLAVES
The purpose of these pseudo Corporate Courts are only to settle
contract disputes and since George Washington’s government was
military in structure; if either party refuses to participate, these
Courts cannot become involved and the dispute is dead in the water! My
use of the term ‘dead in the water’ is not a canard because these
pseudo Courts are unconstitutional Courts of Admiralty, the
International Law of the Sea!
The Washington Monument was completed in 1884, as a tribute to George
Washington and his military government, which is actually a sea-level
obelisk that infers that all of America is ‘under water’ and thus
subject to the Laws of Admiralty as opposed or contrary to the
intended Constitutional Civilian Government under Common Law.
The pseudo Judges of these pseudo Courts have NO powers without the
Consent of both the Plaintiff and the Defendant. [AND] In every case
the Judge must determine that he has Consent; Personam and Subject
Matter Jurisdiction before he can act or access the Cesta Que Trust.
NOTE: All tradable Securities must be assigned a CUSIP NUMBER before
it can be offered to investors. Birth Certificates and Social Security
Applications are converted into Government Securities; assigned a
CUSIP NUMBER; grouped into lots and then are marked as a Mutual Fund
Investment. Upon maturity, the profits are moved into a GOVERNMENT
CESTA QUE TRUST and if you are still alive, the certified documents a
reinvested. It is the funds contained in this CESTA QUE TRUST that the
Judge, Clerk and County Prosecutor are really after or interested in!
This Trust actually pays all of your debts but nobody tells you that
because the Elite consider those assets to be their property and the
Federal Reserve System is responsible for the management of those
Investments.
Social Security; SSI; SSD; Medicare and Medicaid are all financed by
the Trust. The government makes you pay TAXES and a portion of your
wages supposedly to pay for these services, which they can borrow at
any time for any reason since they cannot access the Cesta Que TRUST
TO FINANCE THEIR Wars or to bail out Wall Street and their patron
Corporations.
The public is encouraged to purchase all kinds of insurance protection
when the TRUST actually pays for all physical damages; medical costs;
new technology and death benefits. The hype to purchase insurance is a
ploy to keep us in poverty and profit off our stupidity because the
Vatican owns the controlling interest in all Insurance Companies.
You may receive a monthly statement form a Mortgage Company; Loan
Company or Utility Company, which usually has already been paid by the
TRUST. Almost all of these corporate businesses double dip and hope
that you have been conditioned well enough by their Credit Scams, to
pay them a second time. Instead of paying that Statement next time,
sign it approved and mail it back to them. If they then contact you
about payment, ask them to send you a TRUE BILL instead of a Statement
and you will be glad to pay it? A Statement documents what was due and
paid, whereas a TRUE BILL represents only what is due. Banks and
Utility Companies have direct access into these Cesta Que Trusts and
all they needed was your name; social security number and signature.
CRIMINAL LAW:
There are NO Criminal Laws in America because Criminal Laws would
imply that the Corporate United States Government are Sovereign that
have absolute power over all living, flesh and blood Americans, which
of course is not true because a corporation is a fiction and therefore
cannot be sovereign. Man is Sovereign and is in control of his own
destiny and one day he will finally wake up and realize this to be true!
There is however Criminal Contracts being enforced against us and with
our Consent, which are surreptitiously called: Criminal Statutes. Our
Consent has been obtained by them visa vie our silence and failure to
act or protest, which under law is defined as: Tacit Procuration.
(e.g.) Tacit Procuration: If someone accuses you of theft in writing
and you fail to respond or deny those allegations in writing, your
failure to deny or act is considered an admission of guilt (or) You
receive a Bill for goods or services that you never ordered or
received, and you fail to deny those allegations, your omission
represents the truth of the matter, which imposes an obligation to
pay! Collection companies frequently use Tacit Procuration to
establish indebtedness to them on a discharged debt they had purchased
from some corporate business.
‘Now you’re probably thinking: No Criminal Laws? Well, that can’t be
true? A whole lot of people have been tried; convicted and are doing
time in American Jails for breaking Criminal Laws!’
And my response to that is: True, they are in Jail because they
unknowingly accepted the Criminal Contract on behalf of their Birth
Certificate and consented to be imprisoned as a condition of their
conviction and punishment. Their lawyer didn’t help any because he
reinforced that situation by and through his Notice of Appearance to
represent you. It is the Birth Certificate that is under arrest, which
I will explain shortly!
NOTE: Criminal Contracts are graded according to the severity of the
crime alleged and that grading is identified as either: Summary;
Misdemeanor; Felony or Capital offenses. The Criminal Process usually
begins with a Police Officer issuing a Citation (or) making an arrest
with or without a Warrant [or] the Police Officer [or] County Attorney
prepares a complaint based upon a sworn affidavit or information,
which is presented to a Judge and a Warrant is then issued. The
defendant is subsequently arrested and is brought before a Judge for
arraignment.
The Complaint and Warrant will reflect your [BIRTH NAME] or identify
you as a [JOHN DOE], if your name is unknown, which is typed out in
all capital letters! This is not a mistake on their part because it is
your Birth Certificate that is under arrest and not your living, flesh
and blood person. The hope of these pseudo Courts is that the flesh
and blood person will be intimidated enough to accept responsibility
for the Birth Certificate! Sounds crazy but nothing is what it seems:
It’s all Smoke and Mirrors.’
Most Police Officers do not know or have these details and believe in
what they are doing and believe the lawyers who counsel them in law
like they are Gods! Big mistake on their part because just like
everyone else, they too have been vigorously lied to! You can’t trust
lawyers to be inherently honest!
Police Officers are instructed to always print or type the Defendants
Name in Capital letters but they are never told the reason why! As a
precaution, you should always carry a copy of your Birth Certificate
with you as part of your identification papers, which I will explain
in the next paragraph.
At your Arraignment or Trial, the Judge will ask you if you are the
named individual [ALL CAPS BIRTH NAME] on the complaint and your
natural response will be to answer in the affirmative but that is
exactly what you don’t want to do!
Remove your Birth Certificate and respond to him by stating: I am
making a Special Limited Appearance on behalf of the defendant who is
right here and [hold up your Birth Certificate!]
Then state the following: As I understand this process Judge; the
County Attorney [or] Police Officer has leveled a criminal charge with
the Clerk and against the Trust, using the ALL CAPS NAME that appears
on this BIRTH CERTIFICATE! The use of capital letters is dictated by
the US Printing Style Manuel, which explains how to identify a
CORPORATION, The Clerk, who is the ADMINISTRATOR of the CESTA QUE
TRUST, then, appointed you Judge as the TRUSTEE for the TRUST and
since neither of you can be the BENEFICIARY, that leaves me and
therefore you are MY TRUSTEE!
So as MY TRUSTEE, I instruct you to discharge this entire matter, with
prejudice and award the penalties for these crimes to be paid to me in
compensation and damages for my false arrest!
The TRUSTEE Judge has no alternative but to honor your demands but you
have to get this right and act with confidence! You really need to
know this information well, so that you can’t be hoodwinked or
confused by either of them! They will or may attempt to play some mind
games with you if you display any doubt; stammer of display a lack of
confidence! Appearances [the pomp and majesty] of these pseudo Courts,
is totally for your benefit and is intended to invoke fear and
intimidation! If you show fear or intimidation, you get a pony ride!
NOTE: I’ve seen and heard of Judges and Prosecutors interfering with a
defendant’s response, which made the defendant, become confused and he
was subsequently committed into a mental hospital for psychiatric
evaluation. The Judge and Prosecutor successfully twisted what the
defendant was trying to say and then the Judge Ordered a mental
evaluation.
Understand that the County Attorney will be forced to pay the Cost of
Court out of his own pocket, if the case is discharged, so he isn’t
going to give up that easily and the Judge; Clerk and County Attorney,
stand to make a pretty penny of your conviction and incarceration! So
don’t screw it up…
If the County Attorney begins to act too cocky with you, you can take
the wind out of his sails by asking him to produce the 1020 for this
case? If he denies the need to do such a thing, inform him that you
will be taking care of that for him ASAP [as soon as possible]! He may
move for a discharge at that point because you are a little too
dangerous or smart! The last thing that Prosecutor wants is the IRS
examining his files for the last seven years because he makes money on
every conviction but he doesn’t pay TAXES on them as a Rule! He
usually only declares the salary he receives.
Also: Should you accidentally find yourself in a mental hospital: the
Psychiatrist who is assigned or appointed to evaluate you is just as
corrupt as the Judge; Clerk and County Attorney and he will falsify
all of your responses to him, just so that you are recommitted back
into the mental facility with a review in six months! So lie to him
and deny that you ever made such remarks! Of course, if you accept the
criminal charges against your Birth Certificate, then you will
instantly be deemed SANE!
Sorry that I had to be the one to tell you this but this is how
corrupt many of my fellow Judges truly are and it should explain why
my conscience caused me to retire early! Before I learned what was
really going on; I believed that my duties and performance were
entirely Constitutional. I was lied to also!
CITATIONS:
The CITATION process can be handled much easier; through the mail.
When a Police Officer issues you a CITATION, he is actually requesting
you to CONTRACT with him! He is alleging that you violated a corporate
regulation in writing, which you have accepted by signing and thus
requires you to respond.
The Police Officer is instructed to explain that your signature is
merely an acknowledgment that you received a copy of the CITATION but
in actuality, your signature is notification to the Court and Judge
that you have accepted or CONSENTED to this offer to CONTRACT, which
also grants the Judge CONSENT; PERSONAM and SUBJECT MATTER
jurisdiction over you and the case!
You can cancel that CONTRACT however my rescinding your CONSENT,
within three business days of entering into such a CONTRACT. So across
the face of the CITATION you should print or type in large print, the
following words:
I DO NOT ACCEPT THIS OFFER TO CONTRACT
And I DO NOT CONSENT TO THESE PROCEEDINGS.
Use blue ink [for admiralty] or purple ink [for royalty]. Admiralty is
the Court and Royalty represents your Sovereignty. Either way is
appropriate. Sign your signature underneath in blue or purple ink and
in front of a Notary and under your signature type: Without prejudice,
UCC 1-308. This is another way to declare that you may not be held
responsible for this contract pursuant to the Uniform Commercial Code.
Serve Cancelled Citation back it on the Clerk / Court, along with a
Certificate of Service, by Certified Mail, Return Receipt Requested.
This kills the CITATION; removes your CONCENT and removes the
JURISDICTION of the Court, all at the same time. It really is that
simple!
NOTE: A Certificate of Service is a letter that first identifies the
Citation and then defines how and when you returned the document to
the Court and is signed. If not denied, it becomes a truth in commerce
by Tacit Procuration.
Remember to keep a copy of everything, in case the Clerk attempts to
trash your response, which certainly will not happen with a
Certificate of Service or if it is mailed back by the Notary. The
Notary is actually a Deputy Secretary of State and is more powerful
than the Court Clerk!
Public Notaries originate from the time of the Egyptian and Roman
Scribes who were the purveyors of certified documents, which are sworn
affidavits. Certified documents and sworn affidavits are truth in
commerce. [e.g.] Birth Certificates are certified documents on bonded
paper. The word bonded is derived from bondage as in slavery, which
makes all of us Bond Slaves to whoever retains custody of our original
Birth Certificates. I bet you believed that the Emancipation
Proclamation freed the slaves and it did for a short time and then the
Birth Certificate and the 14th Amendment enslaved us all!
SUMMONS and LAWSUITS:
The SUMMONS process, whether it is defined a Civil or Criminal Action,
is once again an offer to CONTRACT, despite what words are to command
your appearance or response. It too can be cancelled just by following
the same procedure as the CITATION process above. A million dollar
lawsuit is no different than a CITATION and both can be cancelled!
Hard to believe, isn’t it?
Does your lawyer know about this? You bet he does but he is not
permitted to embarrass the Court and besides, Court is where he makes
his money!
NOTE: How many of you have ever attempted to avoid Jury Duty? All you
had to do was cancel the SUMMONS [OFFER to CONTRACT]; Notarize it and
mail it back to the Jury Commissioner. Don’t worry, they won’t bother
you because you are obviously too smart and may influence their Jury!
The Jury [controls] the Court and not the Prosecutor and Judge and if
you know that, they lose and the defendant wins, which is why they
prefer only the dumbed down candidates to serve on Jury.
There are a few matters or issues that are next to impossible to
circumvent or quash because of the depth of corruption within these
pseudo Courts, such as child custody and the division of property
resulting form a divorce. The Birth State claims the custody of your
children pursuant to the Birth Certificate and records them under the
Department of Transportation as a State owned Vessel!
A marriage is a CONTRACT and all that is required is a PRE-NUPIAL
AGREEMENT to complete the marriage but if you are sufficiently
indoctrinated to believe that a Judge or Mayor or a Minister or
Priest, must join you in holy matrimony and you subsequently applied
for a LICENSE; now you both have married the STATE as well! Now the
State is entitled to its fair share of the division of your marital
property should the marriage not work out or should you die [called
probate]! Some people might say that a divorce should be included on
this list of impossible issues but then they don’t know what I know!
DIVORCE;
An Action in Divorce is a request to break the LICENSED MARRIAGE
CONTRACT. If you desire a divorce and your spouse refuses to consent
to a divorce, no State Judge will grant you a Divorce Decree because
the Judge has not been granted the CONSENT of both parties! There is a
way around this however, which your lawyer will never admit to because
he cannot make any money from giving you truthful or sound advice!
NOTE: Puerto Rico is a United States Territory acquired from Spain and
it still operates under Spanish Law. This was never changed by the
Corporate United States when Puerto Rico became a US Territory, so
first you need to fly to Puerto Rico.
Once in Puerto Rico, you can establish residency by simply opening a
Post Office Box for a period of three days. Just after opening the
Post Office Box, hire a local Paralegal to prepare an Action in
Divorce for you. The Paralegal will file the divorce petition
immediately, which is generally a certified form document and it will
be heard by a Puerto Rican Judge within three days.
Under Spanish law, your spouse is not required to be served the
divorce petition: only the divorce decree. Five days after the Decree,
your former spouse will receive the divorce decree in the mail,
written entirely in Spanish, which cannot be contested and must be
honored by all US Federal and State Courts!
NOTE: Immediately after the Puerto Rican Judge declares you divorced,
if you choose, you can marry again by Contract or by License. Both are
legitimate, but no one will ever tell you that!
The division of marital property and custody of children is a much
more complicated issue but at least the divorce cannot be utilized as
leverage against you to divide up your property, less than
proportionately, which is exactly why American Judges will not
bifurcate the issues involved in a divorce. [e.g.] Divorce; division
of property; custody; support and alimony. The hope is that your
desire to obtain a divorce is worth more to you than anything else you
own, now or in the future!
FORECLOSURE;
If you are involved in a FORECLOSURE or are thinking about filing for
BANKRUPTCY protection to buy you more time, instead of trying to
defeat the corrupt Bank and your Creditors in a State or Federal
Court, where the cards are certainly stacked against you, plan to file
for BANKRUPTCY and do it this way, to ensure that you come out on top!
All BANKRUPTCY FORMS are printable; can be obtained on line and they
can be completed in longhand with an ink pen. The Forms to use are:
B-1 through and including B-8, You only need to prepare and file the
first five or six pages to obtain a Case Number and then you must sit
through a Credit Counseling session, which can be done all in a day.
When you are completely finished with preparing your petition, you
should have filed about 58 pages in total and the filing fee is around
$280.
Here’s the reason for using the Bankruptcy Courts:
List all your debts on one schedule and when it comes to listing your
assets include your BIRTH CERTIFICATE and its CUSIP NO. The value of
the Mutual Fund Investment for your Birth Certificate can also be
found on line using the CUSIP Number under Fidelity Investments. You
will discover that it is worth multi-millions but you must have the
CUSIP NO. on your asset schedule or the Birth Certificate will be
discharged as frivolous by the JUDGE or the TRUSTEE.
The Bankruptcy Judge will then appoint a LAWYER TRUSTEE to dissolve
the Mutual Fund Investment: pay off your debts and the balance must be
paid to you! This procedure usually attracts the attention of the
[DOJ] Department of Justice because they don’t want the LAWYER TRUSTEE
to screw up and short change the Vatican; the Federal Reserve and the
Corporate United States and so they tend to warn or threaten the
LAWYER TRUSTEE to be very careful!
Most of these Mutual Fund Investments usually involve a group of
between 10 to 25 Birth Certificates and so only a fraction of that
Mutual Fund belongs to you! The Bankruptcy Judge will not certify the
final disposition until the LAWYER TRUSTEE can prove his math and
every aspect of his work because the Judge inherits responsibility for
the Trustee’s errors, if he made any!
After the LAWYER TRUSTEE resigns, you can probably cut a deal with the
DOJ or you can proceed on with the same Bankruptcy proceeding and the
newly appointed LAWYER TRUSTEE! Now isn’t that easier and better than
attacking or defending yourself against the Bank and a bunch of greedy
Creditors; knowing full well that the cards are stacked against you
because of the Vatican and the Federal Reserve System.
While you are in Bankruptcy, you are protected. No one can proceed
against you for any debts or foreclosure, as long as you have a bond
or sufficient assets: the Birth Certificate guarantees that aspect and
while in Bankruptcy, you won’t have to pay on any of those past debts!
NOTE: There is a process to follow to determine your CUSIP NO [OR] you
can ask a Stock Broker friend to help you [or] hire a Broker on the
side to assist you. There are people in the Patriot movement who also
know how to apply the formula, which converts your Birth Registration
Number and or Social Security Number into a CUSIP Number. I paid to
have mine done and discovered that I am worth about 167 million. It’s
all FIAT money but as long as it can be spent, who cares?
I hope that this entire expose has enlightened and elevated your
personal knowledge and will benefit you now and in the future.
You must be logged in to post a comment.