- E-Verify CANNOT be used by those who are a NOT lawfully engaged in a public office in the U.S. government at the time of making application. Its use is VOLUNTARY and cannot be compelled. Those who use it MUST have a Social Security Number or Taxpayer Identification Number and it is ILLEGAL to apply for, use, or disclose said number for those not lawfully engaged in a public office in the U.S. government at the time of application. See:
Why It Is Illegal for Me to Request or Use a “Taxpayer Identification Number”, Form #04.205
FORMS PAGE: http://sedm.org/Forms/FormIndex.htm
DIRECT LINK: http://sedm.org/Forms/Tax/Withholding/WhyTINIllegal.pdf - For instructions useful in filling out the forms mentioned in the above table, see the following OFFSITE LINKS:2.1. Social Security Form SS-5:
Why You Aren’t Eligible for Social Security, Form #06.001
FORMS PAGE: http://sedm.org/Forms/FormIndex.htm
DIRECT LINK: http://sedm.org/Forms/AvoidingFranch/SSNotEligible.pdf2.2. IRS Form W-8:
About IRS Form W-8BEN, Form #04.202
FORMS PAGE: http://sedm.org/Forms/FormIndex.htm
DIRECT LINK: http://sedm.org/forums/index.php?app=downloads&module=display§ion=download&do=confirm_download&id=4292.3. Department of State Form I-9:
I-9 Form Amended, Form #06.028
FORMS PAGE: http://sedm.org/Forms/FormIndex.htm
DIRECT LINK: http://sedm.org/Forms/AvoidingFranch/i-9Amended.pdf2.4. E-Verify:
About E-Verify, Form #04.107
FORMS PAGE: http://sedm.org/Forms/FormIndex.htm
DIRECT LINK: http://sedm.org/Forms/Tax/Procedure/E-Verify/E-Verify.htm
10. CAPITALIZATION WITHIN STATUTES AND REGULATIONS
Whenever you are reading a particular law, including the U.S. Constitution, or a statute, the Sovereign referenced in that law, who is usually the author of the law, is referenced in the law with the first letter of its name capitalized. For instance, in the U.S. Constitution the phrase “We the People”, “State”, and “Citizen” are all capitalized, because these were the sovereign entities who were writing the document residing in the States. This document formed the federal government and gave it its authority. Subsequently, the federal government wrote statutes to implement the intent of the Constitution, and it became the Sovereign, but only in the context of those territories and lands ceded to it by the union states. When that federal government then refers in statutes to federal “States”, for instance in 26 U.S.C. §7701(a)(10) or 4 U.S.C. §110(d), then these federal “States” are Sovereigns because they are part of the territory controlled by the Sovereign who wrote the statute, so they are capitalized. Foreign states referenced in the federal statutes then must be in lower case. The sovereign 50 union states, for example, must be in lower case in federal statutes because of this convention because they are foreign states. Capitalization is therefore always relative to who is writing the document, which is usually the Sovereign and is therefore capitalized. The exact same convention is used in the Bible, where all appellations of God are capitalized because they are sovereigns: “Jesus” ”, “God”, “Him”, “His”, “Father”. These words aren’t capitalized because they are proper names, but because the entity described is a sovereign or an agent or part of the sovereign. The only exception to this capitalization rule is in state revenue laws, where the state legislators use the same capitalization as the Internal Revenue Code for “State” in referring to federal enclaves within their territory because they want to scam money out of you. In state revenue laws, for instance in the California Revenue and Taxation Code (R&TC) sections 17018 and 6017, “State” means a federal State within the boundaries of California and described as part of the Buck Act of 1940 found in 4 U.S.C. §§105-113. See the following URL to see what we mean:
District of Columbia Home Rule Act
Approved December 24, 1973
Amended through November 19, 1997
Originally published on-line in February of 1999
Click here to view a PDF as amended to 2008
Public Law 93-198; 87 Stat. 777; D.C. Code § 1-201 passim
TABLE OF CONTENTS TITLE I — SHORT TITLE, PURPOSES, AND DEFINITIONS
Sec. 102. Congressional Retention of Authority
TITLE II – GOVERNMENTAL REORGANIZATION
Sec. 201. Redevelopment Land Agency
Sec. 202. National Capital Housing Authority
Sec. 203. National Capital Planning Commission and Municipal Planning [Amendment to another
law]
Sec. 204. District of Columbia Manpower Administration
TITLE III – DISTRICT CHARTER PREAMBLE, LEGISLATIVE POWER, AND CHARTER
AMENDING PROCEDURE
Sec. 301. District Charter Preamble
Sec. 303. Charter Amending Procedure
TITLE IV – THE DISTRICT CHARTERPART A – THE COUNCILSubpart 1 – Creation of the Council
Sec. 401. Creation and Membership
Sec. 402. Qualifications for Holding Office
Sec. 404. Powers of the Council
Subpart 2 —Organization and Procedure of the Council
Sec. 412. Acts, Resolutions, and Requirements for Quorum
Sec. 413. Investigations by the Council
PART B – THE MAYOR
Sec. 421. Election, Qualifications, Vacancy, and Compensation
Sec. 424. Chief Financial Officer of the District of Columbia
PART C – THE JUDICIARY
Sec. 432. Removal, Suspension, and Involuntary Retirement
Sec. 433. Nomination and Appointment of Judges
Sec. 434. District of Columbia Judicial Nomination Commission
PART D – DISTRICT BUDGET AND FINANCIAL MANAGEMENTSubpart 1 – Budget and Financial Management
Sec. 442. Submission of Annual Budget
Sec. 444. Multiyear Capital Improvement Plan
Sec. 445. District of Columbia Courts’ Budget
Sec. 445A. Water and Sewer Authority Budget
Sec. 446. Enactment of Appropriations by Congress
Sec. 447. Consistency of Budget, Accounting, and Personnel Systems
Sec. 448. Financial Duties of the Mayor
Sec. 449. Accounting Supervision and Control
Sec. 450. General and Special Funds
Sec. 451. Special Rules Regarding Certain Contracts
Sec. 452. Annual Budget for the Board of Education
Sec. 453. Reductions in Budgets of Independent Agencies
Subpart 2 – Audit
Sec. 455. District of Columbia Auditor
Sec. 456. Performance and Financial Accountability
PART 3 – BORROWINGSubpart 1 – Borrowing
Sec. 461. District’s Authority to Issue and Redeem General Obligation Bonds for Capital Projects
Sec. 462. Contents of Borrowing Legislation and Elections on Issuing General Obligation Bonds
Sec. 463. Publication of Borrowing Legislation
Sec. 464. Short Period of Limitation
Sec. 465. Issuance of General Obligation Bonds
Sec. 466. Public or Private Sale
Sec. 467. Authority to Create Security Interests in District Revenues
Subpart 2 – Short-Term Borrowing
Sec. 471. Borrowing to Meet Appropriations
Sec. 472. Borrowing in Anticipation of Revenues
Sec. 473. Notes Redeemable Prior to Maturity
Sec. 475. Bond Anticipation Notes
Payment of Bonds and Notes
Sec. 482. Full Faith and Credit of United States Not Pledged
Sec. 483. Payment of the General Obligation Bonds and Notes
Subpart 4 – Full Faith and Credit of the United States
Sec. 484. Full Faith and Credit of the United States Not Pledged
Subpart 5 – Tax Exemptions; Legal Investments; Water Pollution;
Reservoirs; Metro Contributions; and Revenue Bonds
Sec. 488. Cost of Reservoirs on Potomac River
Sec. 489. District’s Contributions to the Washington Metropolitan Area Transit Authority
Sec. 490. Revenue Bonds and Other Obligations
PART F – INDEPENDENT AGENCIES
Sec. 493. Public Service Commission
Sec. ___. Initiatives, Referendums, and Recalls
TITLE V – FEDERAL PAYMENT
[Repealed]
Sec. 501. Duties of the Mayor, Council, and Federal Office of Management and Budget [Repealed]
Sec. 502. Authorization of Appropriations [Repealed]
TITLE VI – RESERVATION OF CONGRESSIONAL AUTHORITY
Sec. 601 . Retention of Constitutional Authority
Sec. 602. Limitations on the Council
Sec. 603. Budget Process; Limitations on Borrowing and Spending
Sec. 604. Congressional Actions on Certain District Matters
TITLE VII – REFERENDUM; SUCCESSION IN GOVERNMENT; TEMPORARY
PROVISIONS; MISCELLANEOUS; AMENDMENTS TO DISTRICT OF COLUMBIA ELECTIONS
ACT; RULES OF CONSTRUCTION; AND EFFECTIVE DATESPART A – CHARTER REFERENDUM
Sec. 702. Board of Elections Authority
Sec. 703. Referendum Ballot and Notice of Voting
Sec. 704. Acceptance or Nonacceptance of Chapter
PART B – SUCCESSION IN GOVERNMENT
Sec. 711. Abolishment of Existing Government and Transfer of Functions
Sec. 712. Certain Delegated Functions and Functions of Certain Agencies
Sec. 713. Transfer of Personnel, Property, and Funds
Sec. 714. Existing Statutes, Regulations, and Other Actions
Sec. 715. Pending Actions and Proceedings
Sec. 717. Status of the District
Sec. 718. Continuation of District of Columbia Court System
Sec. 719. Continuation of the Board of Education
PART C – TEMPORARY PROVISIONS
Sec. 721. Powers of the President During Transitional Period
Sec. 722. Reimbursable Appropriations for the District
Sec. 723. Interim Loan Authority
Sec. 724. Political Participation in Certain Elections First Held Under this Act
PART D – MISCELLANEOUS
Sec. 731. Agreements with United States
Sec. 732. Personnel Interest in Contracts of Transactions
Sec. 733. Compensation from More than One Source
Sec. 735. Revenue Sharing Restrictions [Amendment to another law]
Sec. 738. Advisory Neighborhood Commissions
Sec. 739. National Capital Service Area
Sec. 740. Emergency Control of Police
Sec. 741. Holding Office in the District [Repealed]
Sec. 743. Termination of the District’s Authority to Borrow from the Treasury
PART E – AMENDMENTS TO THE DISTRICT OF COLUMBIA
ELECTION ACT AMENDMENTS
Sec. 751. Amendments [Amendments to other laws]
Sec. 752. District Council Authority Over Elections
RULES OF CONSTRUCTION
PART G – EFFECTIVE DATES
TITLE I — SHORT TITLE, PURPOSES, AND DEFINITIONSSHORT TITLE
SEC. 101. This Act may be cited as the “District of Columbia Home Rule Act”.
STATEMENT OF PURPOSES
SEC. 102. [D.C. Code 1-201] (a) Subject to the retention by Congress of the ultimate
legislative authority over the nation’s capital granted by article I, 8, of the Constitution, the
intent of Congress is to delegate certain legislative powers to the government of the District of
Columbia; authorize the election of certain local officials by the registered qualified electors in the
District of Columbia; grant to the inhabitants of the District of Columbia powers of local
self-government; modernize, reorganize, and otherwise improve the governmental structure of the
District of Columbia; and, to the greatest extent possible, consistent with the constitutional
mandate, relieve Congress of the burden of legislating upon essentially local District matters.
(b) Congress further intends to implement certain recommendations of the Commission
on the Organization of the Government of the District of Columbia and take certain other actions
irrespective of whether the charter for greater self-government provided for in title IV of this Act
[District Charter] is accepted or rejected by the registered qualified electors of the District of
Columbia.
DEFINITIONS
SEC. 103. [D.C. Code 1-202] For the purposes of this Act—
(1) The term “District” means the District of Columbia.
(2) The term “Council” means the Council of the District of Columbia provided for
by part A of title IV [D.C. Code 1-221, 1-225 to 1-229, 1-234].
(3) The term “Commissioner” means the Commissioner of the District of Columbia
established under Reorganization Plan Numbered 3 of 1967.
(4) The term “District of Columbia Council” means the Council of the District of
Columbia established under Reorganization Plan Numbered 3 of 1967.
(5) The term “Chairman” means, unless otherwise provided in this Act, the
Chairman of the Council provided for by part A of title IV [D.C. Code 1-221, 1-225 to 1-229,
1-234].
(6) The term “Mayor” means the Mayor provided for by part B of title IV [D.C.
Code 1-241, 1-242, 1-244].
(7) The term “Act” includes any legislation passed by the Council, except where
the term “Act” is used to refer to this Act or other Acts of Congress herein specified.
(8) The term “capital project” means any physical public betterment or
improvement, the acquisition of property of a permanent nature, or the purchase of equipment or
furnishings, and includes[:]
(A) costs of any preliminary plans, studies, and surveys in connection with
such betterment, improvement, acquisition, or purchase[;]
(B) costs incidental to such betterment, improvement, acquisition, or
purchase, and the financing thereof, including the cost of any election, professional fees, printing
or engraving, production and reproduction of documents, publication of notices, taking of title,
bond insurance, and interest during construction[;] and
(C) the reimbursement of any fund or account for amounts expended for
the payment of any such costs.
(9) The term “pending”, when applied to any capital project, means authorized but
not yet completed.
(10) The term “District revenues” means all funds derived from taxes, fees,
charges, miscellaneous receipts, grants and other forms of financial assistance, or the sale of
bonds, notes, or other obligations, and any funds administered by the District government under
cost sharing arrangements.
(11) The term “election”, unless the context otherwise provides, means an election
held pursuant to the provisions of this Act.
(12) The terms “publish” and “publication”, unless otherwise specifically provided
herein, mean publication in a newspaper of general circulation in the District.
(13) The term “District of Columbia Courts” means the Superior Court of the
District of Columbia and the District of Columbia Court of Appeals.
(14) The term “resources” means revenues, balances, enterprise or other revolving
funds, and funds realized from borrowing.
(15) The term “budget” means the entire request for appropriations or loan or
spending authority for all activities of all departments or agencies of the District of Columbia
financed from all existing, proposed, or anticipated resources, and shall include both operating
and capital expenditures.
TITLE II – GOVERNMENTAL REORGANIZATIONREDEVELOPMENT LAND AGENCY
SEC. 201. (a)-(d)[Amendment to the District of Columbia Redevelopment Act of 1945,
approved August 2, 1946 (60 Stat. 790; D.C. Code 5-801 et seq.)]
(e) [Uncodified] None of the amendments contained in this section shall be construed to
affect the eligibility of the District of Columbia Redevelopment Land Agency to continue
participation in the small business procurement programs under section 8(a) of the Small Business
Act (67 Stat. 547).
(f) [Uncodified] For the purpose of subsection 713(d) [D.C. Code 1-212.1(d)],
employees in the District of Columbia Redevelopment Land Agency shall be deemed to be
transferred to the District of Columbia as of the effective date of this title without a break in
service.
NATIONAL CAPITAL HOUSING AUTHORITY
SEC. 202. [D.C. Code 5-102] (a) The National Capital Housing Authority (hereinafter
referred to as the “Authority”) established under the District of Columbia Alley Dwelling Act
(D.C. Code, sec. 5-101 — 5-115) [approved June 12, 1934 (48 Stat. 930; D.C. Code 5-101 to
5-115),] shall be an agency of the District of Columbia government subject to the organizational
and reorganizational powers specified in sections 404(b) and 422(12) of this Act [D.C. Code
1-227(b) and 1-242(12)].
(b) All functions, powers, and duties of the President under the District of Columbia Alley
Dwelling Act [D.C. Code 5-101 to 5-115] shall be vested in and exercised by the
Commissioner [Mayor]. All employees, property (real and personal), and unexpended balances
(available or to be made available) of appropriations, allocations, and all other funds, and assets
and liabilities of the Authority are authorized to be transferred to the District of Columbia
government.
NATIONAL CAPITAL PLANNING COMMISSION AND MUNICIPAL PLANNING
SEC. 203. [Amendment to An Act Providing for a comprehensive development of the
park and playground system of the National Capital, approved June 6, 1924 (43 Stat. 463; D.C.
Code 1-2002)]
DISTRICT OF COLUMBIA MANPOWER ADMINISTRATION
SEC. 204. (a) [D.C. Code 36-701(a)] All functions of the Secretary of Labor
(hereafter in this section referred to as the “Secretary”) under section 3 of the Act entitled “An
Act to provide for the establishment of a national employment system and for cooperation with
the states in the promotion of such system, and for other purposes,” approved June 6, 1933 (29
U.S.C. 49-49k), with respect to the maintenance of a public employment service for the
District, are transferred to the Mayor. After the effective date of this transfer, the Secretary shall
maintain with the District the same relationship with respect to a public employment service in the
District, including the financing of such service, as he has with the States (with respect to a public
employment service in the states) generally.
(b) [D.C. Code 36-701(b)] The Commissioner [Mayor] is authorized and directed to
establish and administer a public employment service in the District and to that end he shall have
all necessary powers to cooperate with the Secretary in the same manner as a State under the Act
of June 6, 1933, specified in subsection (a) [of this section].
(c) [Amendment to An Act to provide for the establishment of a national employment
system and for cooperation with the States in the promotion of such system, and for other
purposes, approved June 6, 1933 (29 U.S.C. 49(b)].
(d) [D.C. Code 36-406] All functions of the Secretary of Labor and of the Director of
Apprenticeship under the Act entitled “An Act to provide for voluntary apprenticeship in the
District of Columbia”, approved May 20, 1946, 1933 (29 U.S.C. 49-49k) are transferred to
and shall be exercised by the Commissioner [Mayor]. The Office of Director of Apprenticeship
provided for in section 3 of such Act (D.C. Code, sec. 36-403) is abolished.
(e) [Uncodified] All functions of the Secretary under chapter 81 of title 5 of the United
States Code, with respect to the processing of claims filed by employees of the government of the
District for compensation for work injuries, are transferred to and shall be exercised by the
Commissioner [Mayor], effective the day after the day on which the District establishes an
independent personnel system or systems.
(f) [Uncodified] So much of the personnel, property, records, and unexpended balances
of appropriations, allocations, and other funds employed, held, used, available, or to be made
available in connection with functions transferred to the Commissioner [Mayor] by the provisions
of this section, as the Director of the Federal Office of Management and Budget shall determine,
are authorized to be transferred from the Secretary to the Commissioner [Mayor].
(g) [Uncodified] Any employee in the competitive service of the United States
transferred to the government of the District under the provisions of this section shall retain all the
rights, benefits, and privileges pertaining thereto held prior to such transfer.
(h) [Amendment to An Act To authorize the Secretary of the Navy to proceed with the
construction of certain public works in or in the vicinity of the District of Columbia, and for other
purposes, approved August 16, 1937 (P.L. 75-306; 50 Stat. 663].
TITLE III – DISTRICT CHARTER PREAMBLE, LEGISLATIVE
POWER, AND CHARTER AMENDING PROCEDURE
DISTRICT CHARTER PREAMBLE
SEC. 301. [D.C. Code 1-203] The charter for the District of Columbia set forth in title
IV [District Charter] shall establish the means of governance of the District following its
acceptance by a majority of the registered qualified electors of the District voting thereon in the
charter referendum held with respect thereto.
LEGISLATIVE POWER
SEC. 302. [D.C. Code 1-204] Except as provided in sections 601, 602, and 603 [D.C.
Code 1-206, 1-233, and 47-313], the legislative power of the District shall extend to all
rightful subjects of legislation within the District consistent with the Constitution of the United
States and the provisions of this Act subject to all the restrictions and limitations imposed upon
the States by the tenth section of the first article of the Constitution of the United States.
CHARTER AMENDING PROCEDURE
SEC. 303. [D.C. Code 1-205] (a) The charter set forth in title IV (including any
provision of law amended by such title), except sections 401(a) and 421(a) [D.C. Code
1-221(a) and 1-241(a)], and part C of such title [Appendix to Title 11, D.C. code], may be
amended by an act passed by the Council and ratified by a majority of the registered qualified
electors of the District voting in the referendum held for such ratification. The Chairman of the
Council shall submit all such acts to the Speaker of the House of Representatives and the
President of the Senate on the day the Board of Elections and Ethics certifies that such act was
ratified by a majority of the registered qualified electors voting thereon in such referendum.
(b) An amendment to the charter ratified by the registered electors shall take effect upon
the expiration of the 35-calendar-day period (excluding Saturdays, Sundays, holidays, and days on
which either House of Congress is not in session) following the date such amendment was
submitted to the Congress, or upon the date prescribed by such amendment, whichever is later,
unless during such 35-day period, there has been enacted into law a joint resolution, in accordance
with the procedures specified in section 604 of this act [D.C. Code 1-207], disapproving such
amendment. In any case in which any such joint resolution disapproving such an amendment has,
within such 35-day period, passed both Houses of Congress and has been transmitted to the
President, such resolution, upon becoming law subsequent to the expiration of such 35-day
period, shall be deemed to have repealed such amendment, as of the date such resolution becomes
law.
(c) The Board of Elections and Ethics shall prescribe such rules as are necessary with
respect to the distribution and signing of petitions and the holding of elections for ratifying
amendments to title IV of this Act [District Charter] according to the procedures specified in
subsection (a) [of this section].
(d) The amending procedure provided in this section may not be used to enact any law or
affect any law with respect to which the Council may not enact any act, resolution, or rule under
the limitations specified in sections 601, 602, and 603 [D.C. Code 1-206, 1-233, and 47-313].
TITLE IV – THE DISTRICT CHARTER
PART A – THE COUNCIL
Subpart 1 – Creation of the Council
CREATION AND MEMBERSHIP
SEC. 401. [D.C. Code 1-221] (a) There is established a Council of the District of
Columbia; and the members of the Council shall be elected by the registered qualified electors of
the District.
(b) (1) The Council established under subsection (a) [of this section] shall consist of
thirteen members elected on a partisan basis. The Chairman and four members shall be elected at
large in the District, and eight members shall be elected one each from the eight election wards
established[,] from time to time, 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 term of office of the members of the Council shall be four years, except as provided in
paragraph (3) [of this subsection], and shall begin at noon on January 2 of the year following their
election.
(2) In the case of the first election held for the office of member of the Council
after the effective date of this title [January 2, 1975], not more than two of the at-large members
(excluding the Chairman) shall be nominated by the same political party. Thereafter, a political
party may nominate a number of candidates for the office of at-large member of the Council equal
to one less than the total number of at-large members (excluding the Chairman) to be elected in
such election.
(3) To fill a vacancy in the Office of Chairman, the Board of Elections and Ethics
shall hold a special election in the District on the first Tuesday occurring more than one hundred
and fourteen days after the date on which such vacancy occurs, unless the Board of Elections and
Ethics determines that such vacancy could be more practicably filled in a special election held on
the same day as the next general election to be held in the District occurring within sixty days of
the date on which a special election would otherwise have been held under the provisions of this
paragraph. The person elected Chairman to fill a vacancy in the Office of Chairman shall take
office on the day in which the Board of Elections and Ethics certifies his election, and shall serve
as Chairman only for the remainder of the term during which such vacancy occurred. When the
Office of Chairman becomes vacant, the Council shall select one of the elected at-large members
of the Council to serve as Chairman and one to serve as Chairman pro tempore until the election
of a new Chairman.
(4) Of the members first elected after the effective date of this title [January 2,
1975], the Chairman and two members elected at large and four of the members elected from
election wards shall serve for four-year terms; and two of the at-large members and four of the
members elected from election wards shall serve for two-year terms. The members to serve the
four-year terms and the members to serve the two-year terms shall be determined by the Board of
Elections and Ethics by lot, except that not more than one of the at-large members nominated by
any political party shall serve for any such four-year term.
(c) The Council may establish and select such other officers and employees as it deems
necessary and appropriate to carry out the functions of the Council.
(d) (1) In the event of a vacancy in the Council of a member elected from a ward, the
Board of Elections and Ethics shall hold a special election in such ward to fill such vacancy on the
first Tuesday occurring more than one hundred and fourteen days after the date on which such
vacancy occurs, unless the Board of Elections and Ethics determines that such vacancy could be
more practicably filled in a special election held on the same day as the next general election to be
held in the District occurring within sixty days of the date on which a special election would
otherwise have been held under the provisions of this subsection. The person elected as a member
to fill a vacancy on the Council shall take office on the day on which the Board of Elections and
Ethics certifies his election, and shall serve as a member of the Council only for the remainder of
the term during which such vacancy occurred.
(2) In the event of a vacancy in the Office of Mayor, and if the Chairman becomes
a candidate for the Office of Mayor to fill such vacancy, the Office of Chairman shall be deemed
vacant as of the date of the filing of his candidacy. In the event of a vacancy in the Council of a
member elected at large, other than a vacancy in the Office of Chairman, who is affiliated with a
political party, the central committee of such political party shall appoint a person to fill such
vacancy, until the Board of Elections and Ethics can hold a special election to fill such vacancy,
and such special election shall be held on the first Tuesday occurring more than one hundred and
fourteen days after the date on which such vacancy occurs unless the Board of Elections and
Ethics determines that such vacancy could be more practicably filled in a special election held on
the same day as the next general election to be held in the District occurring within sixty days of
the date on which a special election would otherwise be held under the provisions of this
subsection. The person appointed to fill such vacancy shall take office on the date of his
appointment and shall serve as a member of the Council until the day on which the Board certifies
the election of the member elected to fill such vacancy in either a special election or a general
election. The person elected as a member to fill such a vacancy on the Council shall take office on
the day on which the Board of Elections and Ethics certifies his election, and shall serve as a
member of the Council only for the remainder of the term during which such vacancy occurred.
With respect to a vacancy on the Council of a member elected at large who is not affiliated with
any political party, the Council shall appoint a similarly non-affiliated person to fill such vacancy
until such vacancy can be filled in a special election in the manner prescribed in this paragraph.
Such person appointed by the Council shall take office and serve as a member at the same time
and for the same term as a member appointed by a central committee of a political party.
(3) Notwithstanding any other provision of this section, at no time shall there be
more than three members (including the Chairman) serving at large on the Council who are
affiliated with the same political party.
QUALIFICATIONS FOR HOLDING OFFICE
SEC. 402. [D.C. Code 1-225] No person shall hold the office of member of the
Council, including the Office of Chairman, unless he (a) is a qualified elector; (b) is domiciled in
the District and if he is nominated for election from a particular ward, resides in the ward from
which he is nominated; (c) has resided and been domiciled in the District for one year immediately
preceding the day on which the general or special election for such office is to be held; and (d)
holds no public office (other than his employment in and position as a member of the Council), for
which he is compensated in an amount in excess of his actual expenses in connection therewith,
except that nothing in this clause shall prohibit any such person, while a member of the Council,
from serving as a delegate or alternate delegate to a convention of a political party nominating
candidates for President and Vice President of the United States, or from holding an appointment
in a reserve component of an armed force of the United States other than a member serving on
active duty under a call for more than thirty days. A member of the Council shall forfeit his office
upon failure to maintain the qualifications required by this section, and[,] in the case of the
Chairman[,] section 403(c) [D.C. Code 1-226(c)].
COMPENSATION
SEC. 403. [D.C. Code 1-226] (a) Each member of the Council shall receive
compensation, payable in periodic installments, at a rate equal to the maximum rate as may be
established from time to time for grade 12 of the General Schedule under section 5332 of title 5
of the United States Code. On and after the end of the two-year period beginning on the day the
members of the Council first elected under this Act take office, the Council may, by act, increase
or decrease such rate of compensation. Such change in compensation, upon enactment by the
Council in accordance with the provisions of this Act, shall apply with respect to the term of
members of the Council beginning after the date of enactment of such change.
(b) All members of the Council shall receive additional allowances for actual and
necessary expenses incurred in the performance of their duties of office as may be approved by the
Council.
(c) The Chairman shall receive, in addition to the compensation to which he is entitled as
a member of the Council, $10,000 per annum, payable in equal installments, for each year he
serves as Chairman, but the Chairman shall not engage in any employment (whether as an
employee or as a self-employed individual) or hold any position (other than his position as
Chairman), for which he is compensated in an amount in excess of his actual expenses in
connection therewith.
POWERS OF THE COUNCIL
SEC. 404. [D.C. Code 1-227] (a) Subject to the limitations specified in title VI of this
Act [D.C. Code 1-206, 1-207, 1-233, and 47-313], the legislative power granted to the
District by this Act is vested in and shall be exercised by the Council in accordance with this Act.
In addition, except as otherwise provided in this Act, all functions granted to or imposed upon, or
vested in or transferred to the District of Columbia Council, as established by Reorganization Plan
Numbered 3 of 1967, shall be carried out by the Council in accordance with the provisions of this
Act.
(b) The Council shall have authority to create, abolish, or organize any office, agency,
department, or instrumentality of the government of the District and to define the powers, duties,
and responsibilities of any such office, agency, department, or instrumentality.
(c) The Council shall adopt and publish rules of procedures which shall include provisions
for adequate public notification of intended actions of the Council.
(d) Every act shall be published and codified upon becoming law as the Council may
direct.
(e) An act passed by the Council shall be presented by the Chairman of the Council to the
Mayor, who shall, within ten calendar days (excluding Saturdays, Sundays, and holidays) after the
act is presented to him, either approve or disapprove such act. If the Mayor shall approve such
act, he shall indicate the same by affixing his signature thereto, and such act shall become law
subject to the provisions of section 602(c) [D.C. Code 1-233(c)]. If the Mayor shall disapprove
such act, he shall, within ten calendar days (excluding Saturdays, Sundays, and holidays) after it is
presented to him, return such act to the Council setting forth in writing his reasons for such
disapproval. If any act so passed shall not be returned to the Council by the Mayor within ten
calendar days after it shall have been presented to him, the Mayor shall be deemed to have
approved it, and such act shall become law subject to the provisions of section 602(c) [D.C. Code
1-233(c)] unless the Council by a recess of ten days or more prevents its return, in which case it
shall not become law. If, within thirty calendar days after an act has been timely returned by the
Mayor to the Council with his disapproval, two-thirds of the members of the Council present and
voting vote to reenact such act, the act so reenacted shall become law subject to the provisions of
section 602(c) [D.C. Code 1-233(c)].
(f) In the case of any budget act adopted by the Council pursuant to section 446 [D.C.
Code 47-304] and submitted to the Mayor in accordance with subsection (e) of this section, the
Mayor shall have power to disapprove any items or provisions, or both, of such act and approve
the remainder. In any case in which the Mayor so disapproves of any item or provision, he shall
append to the act when he signs it a statement of the item or provision which he disapproves, and
shall, within such ten-day period, return a copy of the act and statement with his objections to the
Council. If, within thirty calendar days after any such item or provision so disapproved has been
timely returned by the Mayor to the Council, two-thirds of the members of the Council present
and voting vote to reenact any such item or provision, such item or provision so reenacted shall
be transmitted by the Chairman to the President of the United States. In any case in which the
Mayor fails to timely return any such item or provision so disapproved to the Council, the Mayor
shall be deemed to have approved such item or provision not returned, and such item or provision
not returned shall be transmitted by the Chairman to the President of the United States. In the
case of any budget act for 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))]), this subsection shall apply as if the
reference in the second sentence to “ten-day period” were a reference to “five-day period” and the
reference in the third sentence to “thirty calendar days” were a reference to “5 calendar days.”
Subpart 2 – Organization and Procedure of the Council
THE CHAIRMAN
SEC. 411. [D.C. Code 1-228] (a) The Chairman shall be the presiding officer of the
Council.
(b) When the Office of Mayor is vacant, the Chairman shall act in his stead. While the
Chairman is Acting Mayor he shall not exercise any of his authority as Chairman or member of the
Council.
ACTS, RESOLUTIONS, AND REQUIREMENTS FOR QUORUM
SEC. 412. [D.C. Code 1-229] (a) The Council, to discharge the powers and duties
imposed herein, shall pass acts and adopt resolutions, upon a vote of a majority of the members of
the Council present and voting, unless otherwise provided in this Act or by the Council. Except as
provided in the last sentence of this subsection, the Council shall use acts for all legislative
purposes. Each proposed act (other than an act to which section 446 [D.C. Code 47-304]
applies) shall be read twice in substantially the same form, with at least thirteen days intervening
between each reading. Upon final adoption by the Council each act shall be made immediately
available to the public in a manner which the Council shall determine. If the Council determines,
by a vote of two-thirds of the members, that emergency circumstances make it necessary that an
act be passed after a single reading, or that it take effect immediately upon enactment, such act
shall be effective for a period of not to exceed ninety days.
Resolutions shall be used (1) to express simple determinations, decisions, or directions of
the Council of a special or temporary character; and (2) to approve or disapprove proposed
actions of a kind historically or traditionally transmitted by the Mayor, the Board of Elections,
Public Service Commission, Armory Board, Board of Education, the Board of Trustees of the
University of the District of Columbia, or the Convention Center Board of Directors to the
Council pursuant to an act. Such resolutions must be specifically authorized by that act and must
be designed to implement that act.
(b) A special election may be called by resolution of the Council to present for an
advisory referendum vote of the people any proposition upon which the Council desires to take
action.
(c) A majority of the Council shall constitute a quorum for the lawful convening of any
meeting and for the transaction of business of the Council, except a lesser number may hold
hearings.
INVESTIGATIONS BY THE COUNCIL
SEC. 413. [D.C. Code 1-234] (a) The Council, or any committee or person authorized
by it, shall have power to investigate any matter relating to the affairs of the District, and for that
purpose may require the attendance and testimony of witnesses and the production of books,
papers, and other evidence. For such purpose any member of the Council (if the Council is
conducting the inquiry) or any member of the committee may issue subpoenas, and administer
oaths upon resolution adopted by the Council or committee, as appropriate.
(b) In case of contumacy by, or refusal to obey a subpoena issued to, any person, the
Council by resolution may refer the matter to the Superior Court of the District of Columbia,
which may by order require such person to appear and give or produce testimony or books,
papers, or other evidence, bearing upon the matter under investigation. Any failure to obey such
order may be punished by such Court as a contempt thereof as in the case of failure to obey a
subpoena issued, or to testify, in a case pending before such Court.
PART B – THE MAYOR
ELECTION, QUALIFICATIONS, VACANCY, AND COMPENSATION
SEC. 421. [D.C. Code 1-241] (a) There is established the Office of Mayor of the
District of Columbia; and the Mayor shall be elected by the registered qualified electors of the
District.
(b) The Mayor, established by subsection (a) [of this section], shall be elected, on a
partisan basis, for a term of four years beginning at noon on January 2 of the year following his
election.
(c) (1) No person shall hold the Office of Mayor unless he (A) is a qualified elector, (B)
has resided and been domiciled in the District for one year immediately preceding the day on
which the general or special election for Mayor is to be held, and (C) is not engaged in any
employment (whether as an employee or as a self-employed individual) and holds no public office
or position (other than his employment in and position as Mayor), for which he is compensated in
an amount in excess of his actual expenses in connection therewith, except that nothing in this
clause shall be construed as prohibiting such person, while holding the Office of Mayor, from
serving as a delegate or alternate delegate to a convention of a political party nominating
candidates for President and Vice President of the United States, or from holding an appointment
in a reserve component of an armed force of the United States other than a member serving on
active duty under a call for more than thirty days. The Mayor shall forfeit his office upon failure to
maintain the qualifications required by this paragraph.
(2) To fill a vacancy in the Office of Mayor, the Board of Elections and Ethics
shall hold a special election in the District on the first Tuesday occurring more than one hundred
and fourteen which such vacancy occurs, unless the Board of Elections and Ethics determines that
such vacancy could be more practicably filled in a special election held on the same day as the
next general election to be held in the District occurring within sixty days of the date on which a
special election would otherwise have been held under the provisions of this paragraph. The
person elected Mayor to fill a vacancy in the Office of Mayor shall take office on the day on
which the Board of Elections and Ethics certifies his election, and shall serve as Mayor only for
the remainder of the term during which such vacancy occurred. When the Office of Mayor
becomes vacant the Chairman shall become Acting Mayor and shall serve from the date such
vacancy occurs until the date on which the Board of Elections and Ethics certifies the election of
the new Mayor at which time he shall again become Chairman. While the Chairman is Acting
Mayor, the Chairman shall receive the compensation regularly paid the Mayor, and shall receive
no compensation as Chairman or member of the Council. While the Chairman is Acting Mayor,
the Council shall select one of the elected at-large members of the Council to serve as Chairman
and one to serve as chairman pro tempore, until the return of the regularly elected Chairman.
(d) The Mayor shall receive compensation, payable in equal installments, at a rate equal to
the maximum rate, as may be established from time to time, for level III of the Executive
Schedule in section 5314 of title 5 of the United States Code. Such rate of compensation may be
increased or decreased by act of the Council. Such change in such compensation, upon enactment
by the Council in accordance with the provisions of this Act, shall apply with respect to the term
of Mayor next beginning after the date of such change. In addition, the Mayor may receive an
allowance, in such amount as the Council may from time to time establish, for official, reception,
and representation expenses, which he shall certify in reasonable detail to the Council.
POWERS AND DUTIES
SEC. 422. [D.C. Code 1-242] The executive power of the District shall be vested in the
Mayor who shall be the chief executive officer of the District government. In addition, except as
otherwise provided in this Act, all functions granted to or vested in the Commissioner of the
District of Columbia, as established under Reorganization Plan Numbered 3 of 1967, shall be
carried out by the Mayor in accordance with this Act. The Mayor shall be responsible for the
proper execution of all laws relating to the District, and for the proper administration of the affairs
of the District coming under his jurisdiction or control, including but not limited to the following
powers, duties, and functions:
(1) The Mayor may designate the officer or officers of the executive department of the
District who may, during periods of disability or absence from the District of the Mayor, execute
and perform the powers and duties of the Mayor.
(2) The Mayor shall administer all laws relating to the appointment, promotion, discipline,
separation, and other conditions of employment of personnel in the Office of the Mayor,
personnel in executive departments of the District, and members of boards, commissions, and
other agencies, who, under laws in effect on the date immediately preceding the effective date of
section 711(a) of this Act [January 2, 1975], were subject to appointment and removal by the
Commissioner of the District of Columbia. All actions affecting such personnel and such members
shall, until such time as legislation is enacted by the Council superseding such laws and
establishing a permanent District government merit system, pursuant to paragraph (3) [of this
section], continue to be subject to the provisions of acts of Congress relating to the appointment,
promotion, discipline, separation, and other conditions of employment applicable to officers and
employees of the District government, to section 713(d) of this Act [D.C. Code 1-212.1(d)],
and where applicable, to the provisions of the joint agreement between the Commissioners and the
Civil Service Commission authorized by Executive Order Numbered 5491 of November 18, 1930,
relating to the appointment of District personnel. He shall appoint or assign persons to positions
formerly occupied, ex officio, by the Commissioner of the District of Columbia or by the Assistant
to the Commissioner and shall have power to remove such persons from such positions. The
officers and employees of each agency with respect to which legislative power is delegated by this
Act and which immediately prior to the effective date of section 711(a) of this Act [January 2,
1975], was not subject to the administrative control of the Commissioner of the District, shall
continue to be appointed and removed in accordance with applicable laws until such time as such
laws may be superseded by legislation passed by the Council establishing a permanent District
government merit system pursuant to paragraph (3) [of this section].
(3) The Mayor shall administer the personnel functions of the District covering employees
of all District departments, boards, commissions, offices and agencies, except as otherwise
provided by this Act. Personnel legislation enacted by Congress prior to or after the effective date
of this section [January 2, 1975], including, without limitation, legislation relating to
appointments, promotions, discipline, separations, pay, unemployment compensation, health,
disability and death benefits, leave, retirement, insurance, and veterans’ preference applicable to
employees of the District government as set forth in section 714(c) [D.C. Code 1-213(c)], shall
continue to be applicable until such time as the Council shall, pursuant to this section, provide for
coverage under a District government merit system. The District government merit system shall
be established by act of the Council. The system may provide for continued participation in all or
part of the Federal Civil Service System and shall provide for persons employed by the District
government immediately preceding the effective date of such system personnel benefits, including
but not limited to pay, tenure, leave, residence, retirement, health and life insurance, and employee
disability and death benefits, all at least equal to those provided by legislation enacted by
Congress, or regulation adopted pursuant thereto, and applicable to such officers and employees
immediately prior to the effective date of the system established pursuant to this Act, except that
nothing in this Act shall prohibit the District from separating an officer or employee subject to
such system in the implementation of a financial plan and budget for the District government
approved under subtitle A of title II of the District of Columbia Financial Responsibility and
Management Assistance Act of 1995 [subpart B of subchapter VII of Chapter 3 of Title 47 of the
D.C. Code], and except that nothing in this section shall prohibit the District from paying an
employee overtime pay in accordance with section 7 of the Fair Labor Standards Act of 1938 (29
U.S.C. 207). The District government merit system shall take effect not earlier than one year
nor later than five years after the effective date of this section [January 2, 1975].
(4) The Mayor shall, through the heads of administrative boards, offices, and agencies,
supervise and direct the activities of such boards, offices, and agencies.
(5) The Mayor may submit drafts of acts to the Council.
(6) The Mayor may delegate any of his functions (other than the function of approving or
disapproving acts passed by the Council or the function of approving contracts between the
District and the Federal Government under section 731 [D.C. Code 1-1131.1]) to any officer,
employee, or agency of the executive office of the Mayor, or to any director of an executive
department who may, with the approval of the Mayor, make a further delegation of all or a part of
such functions to subordinates under his jurisdiction. Nothing in the previous sentence may be
construed to permit the Mayor to delegate any functions assigned to the Chief Financial Officer of
the District of Columbia under section 424 [D.C. Code 47-317.1 to 47-317.6], without regard
to whether such functions are assigned to the Chief Financial Officer under such section 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))]) or during any other year.
(7) The Mayor shall appoint a City Administrator, who shall serve at the pleasure of the
Mayor. The City Administrator shall be the chief administrative officer of the Mayor, and he shall
assist the Mayor in carrying out his functions under this Act, and shall perform such other duties
as may be assigned to him by the Mayor. The City Administrator shall be paid at a rate established
by the Mayor, not to exceed level IV of the Executive Schedule established under section 5315 of
title 5 of the United States Code.
(8) The Mayor may propose to the executive or legislative branch of the United States
government legislation or other action dealing with any subject, whether or not falling within the
authority of the District government, as defined in this Act.
(9) The Mayor, as custodian thereof, shall use and authenticate the corporate seal of the
District in accordance with law.
(10) The Mayor shall have the right, under rules to be adopted by the Council, to be heard
by the Council or any of its committees.
(11) The Mayor is authorized to issue and enforce administrative orders, not inconsistent
with this or any other Act of the Congress or any act of the Council, as are necessary to carry out
his functions and duties.
(12) The Mayor may reorganize the offices, agencies, and other entities within the
executive branch of the government of the District by submitting to the Council a detailed plan of
such reorganization. Such a reorganization plan shall be valid only if the Council does not adopt,
within sixty days (excluding Saturdays, Sundays, and holidays) after such reorganization plan is
submitted to it by the Mayor, a resolution disapproving such reorganization.
MUNICIPAL PLANNING
SEC. 423. [D.C. Code 1-244]. (a) The Mayor shall be the central planning agency for
the District. He shall be responsible for the coordination of planning activities of the municipal
government and the preparation and implementation of the District’s elements of the
comprehensive plan for the National Capital which may include land use elements, urban renewal
and redevelopment elements, a multi-year program of municipal public works for the District, and
physical, social, economic, transportation, and population elements. The Mayor’s planning
responsibility shall not extend to federal and international projects and developments in the
District, as determined by the National Capital Planning Commission, or to 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), D.C. Code 9-106 and 9-128], or to any extension thereof or
addition thereto, or to buildings and grounds under the care of the Architect of the Capitol. In
carrying out his responsibilities under this section, the Mayor shall establish procedures for citizen
involvement in the planning process and for appropriate meaningful consultation with any state or
local government or planning agency in the National Capital region affected by any aspect of a
proposed District element of the comprehensive plan (including amendments thereto) affecting or
relating to the District.
(b) The Mayor shall submit the District’s elements and amendments thereto to the Council
for revision or modification, and adoption by act, following public hearings. Following adoption
and prior to implementation, the Council shall submit such elements and amendments thereto to
the National Capital Planning Commission for review and comment with regard to the impact of
such elements or amendments on the interests and functions of the federal establishment, as
determined by the Commission.
(c) Such elements and amendments thereto shall be subject to and limited by
determinations with respect to the interests and functions of the federal establishment as
determined in the manner provided by act of Congress.
CHIEF FINANCIAL OFFICER OF THE DISTRICT OF COLUMBIA
SEC. 424. (a) [D.C. Code 47-317.1]. ESTABLISHMENT OF OFFICE. —
(1) IN GENERAL. – There is hereby established within the executive branch of
the government of the District of Columbia an Office of the Chief Financial Officer of the District
of Columbia (hereafter referred to as the “Office”), which shall be headed by the Chief Financial
Officer of the District of Columbia (hereafter referred to as the “Chief Financial Officer”).
(2) OFFICE OF THE TREASURER. – The Office shall include the Office of the
Treasurer, which shall be headed by the Treasurer of the District of Columbia, who shall be
appointed by the Chief Financial Officer and subject to the Chief Financial Officer’s direction and
control.
(3) TRANSFER OF OTHER OFFICES. – Effective with the appointment of the
first Chief Financial Officer under subsection (b) [D.C. Code 47-317.2], the functions and
personnel of the following offices are transferred to the Office:
(A) The Controller of the District of Columbia.
(B) The Office of the Budget.
(C) The Office of Financial Information Services.
(D) The Department of Finance and Revenue.
(4) SERVICE OF HEADS OF OTHER OFFICES. –
(A) OFFICE HEADS APPOINTED BY MAYOR. – With respect to the
head of the Office of the Budget and the head of the Department of Finance and Revenue:
(i) The Mayor shall appoint such individuals with the advice and
consent of the Council, subject to the approval of the Authority during a control year; and
(ii) During a control year, the Authority may remove such
individuals from office for cause, after consultation with the Mayor.
(B) OFFICE HEADS APPOINTED BY CHIEF FINANCIAL
OFFICER. – With respect to the Controller of the District of Columbia and the head of the Office
of Financial Information Services:
(i) The Chief Financial Officer shall appoint such individuals subject
to the approval of the Mayor; and
(ii) The Chief Financial Officer may remove such individuals from
office for cause, after consultation with the Mayor.
(b) [D.C. Code 47-317.2]. APPOINTMENT. –
(1) IN GENERAL. —
(A) CONTROL YEAR. – During a control year, the Chief Financial
Officer shall be appointed by the Mayor as follows:
(i) Prior to the appointment of the Chief Financial Officer, the
Authority may submit recommendations for the appointment to the Mayor.
(ii) In consultation with the Authority and the Council, the Mayor
shall nominate an individual for appointment and notify the Council of the nomination.
(iii) After the expiration of the 7-day period which begins on the
date the Mayor notifies the Council of the nomination under clause (ii), the Mayor shall notify the
Authority of the nomination.
(iv) The nomination shall be effective subject to approval by a
majority vote of the Authority.
(B) OTHER YEARS. – During a year other than a control year, the Chief
Financial Officer shall be appointed by the Mayor with the advice and consent of the Council.
Prior to appointment, the Authority may submit recommendations for the appointment.
(2) REMOVAL. –
(A) CONTROL YEAR. – During a control year, the Chief Financial
Officer may be removed for cause by the Authority or by the Mayor with the approval of the
Authority.
(B) OTHER YEARS. – During a year other than a control year, the Chief
Financial Officer shall serve at the pleasure of the Mayor, except that the Chief Financial Officer
may only be removed for cause.
(3) SALARY. – The Chief Financial Officer shall be paid at an annual rate
determined by the Mayor, except that such rate may not exceed the rate of basic pay payable for
level IV of the Executive Schedule.
(c) [D.C. Code 47-317.3]. FUNCTIONS DURING CONTROL YEAR. – During a
control year, the Chief Financial Officer shall have the following duties:
(1) Preparing the financial plan and budget for the use of the Mayor for purposes
of subtitle A of title II of the District of Columbia Financial Responsibility and Management
Assistance Act of 1995 [subpart B of subchapter VII of Chapter 3 of Title 47 of the D.C. Code].
(2) Preparing the budgets of the District of Columbia for the year for the use of the
Mayor for purposes of part D [D.C. Code 47-101, 47-301 to 47-305, 445 Title 11 appendix,
43-1691, 47-310, 47-312, 47-130, 1-1130, 31-104, 47-304.1, 47-117, 47-231, 47-231 to 47-235].
(3) Assuring that all financial information presented by the Mayor is presented in a
manner, and is otherwise consistent with, the requirements of the District of Columbia Financial
Responsibility and Management Assistance Act of 1995.
(4) Implementing appropriate procedures and instituting such programs, systems,
and personnel policies within the Officer’s authority, to ensure that budget, accounting and
personnel control systems and structures are synchronized for budgeting and control purposes on
a continuing basis.
(5) With the approval of the Authority, preparing and submitting to the Mayor and
the Council—
(A) Annual estimates of all revenues of the District of Columbia (without
regard to the source of such revenues), including proposed revenues, which shall be binding on
the Mayor and the Council for purposes of preparing and submitting the budget of the District
government for the year under part D [D.C. Code 47-101, 47-301 to 47-305, 445 Title 11
appendix, 43-1691, 47-310, 47-312, 47-130, 1-1130, 31-104, 47-304.1, 47-117, 47-231, 47-231
to 47-235], except that the Mayor and the Council may prepare the budget based on estimates of
revenues which are lower than those prepared by the Chief Financial Officer; and
(B) Quarterly re-estimates of the revenues of the District of Columbia
during the year.
(6) Supervising and assuming responsibility for financial transactions to ensure
adequate control of revenues and resources, and to ensure that appropriations are not exceeded.
(7) Maintaining systems of accounting and internal control designed to provide –
(A) Full disclosure of the financial impact of the activities of the District
government;
(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 of the District of Columbia; and
(D) Reliable accounting results to serve as the basis for preparing and
supporting agency budget requests and controlling the execution of the budget.
(8) Submitting to the Council a financial statement of the District government,
containing such details and at such times as the Council may specify.
(9) Supervising and assuming responsibility for the assessment of all property
subject to assessment and special assessments within the corporate limits of the District of
Columbia for taxation, preparing tax maps, and providing such notice of taxes and special
assessments (as may be required by law).
(10) Supervising and assuming responsibility for the levying and collection of all
taxes, special assessments, licensing fees, and other revenues of the District of Columbia (as may
be required by law), and receiving all amounts paid to the District of Columbia from any source
(including the Authority).
(11) Maintaining custody of all public funds belonging to or under the control of
the District government (or any department or agency of the District government), and depositing
all amounts paid in such depositories and under such terms and conditions as may be designated
by the Council or the Authority.
(12) Maintaining custody of all investment and invested funds of the District
government or in possession of the District government in a fiduciary capacity, and maintaining
the safekeeping of all bonds and notes of the District government and the receipt and delivery of
District government bonds and notes for transfer, registration, or exchange.
(13) Apportioning the total of all appropriations and funds made available during
the year for obligation so as to prevent obligation or expenditure in a manner which would result
in a deficiency or a need for supplemental appropriations during the year, and (with respect to
appropriations and funds available for an indefinite period and all authorizations to create
obligations by contract in advance of appropriations) apportioning the total of such
appropriations, funds, or authorizations in the most effective and economical manner.
(14) Certifying all contracts (whether directly or through delegation) prior to
execution as to the availability of funds to meet the obligations expected to be incurred by the
District government under such contracts during the year.
(15) Prescribing the forms of receipts, vouchers, bills, and claims to be used by all
agencies, offices, and instrumentalities of the District government.
(16) Certifying and approving prior to payment all bills, invoices, payrolls, and
other evidences of claims, demands, or charges against the District government, and determining
the regularity, legality, and correctness of such bills, invoices, payrolls, claims, demands, or
charges.
(17) In coordination with the Inspector General of the District of Columbia,
performing internal audits of accounts and operations and 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 departments and agencies of the District government.
(d) [D.C. Code 47-317.4]. FUNCTIONS DURING ALL YEARS. – At all times, the
Chief Financial Officer shall have the following duties:
(1) Exercising responsibility for the administration and supervision of the District
of Columbia Treasurer (except that the Chief Financial Officer may delegate any portion of such
responsibility as the Chief Financial Officer considers appropriate and consistent with efficiency).
(2) Administering all borrowing programs of the District government for the
issuance of long-term and short-term indebtedness.
(3) Administering the cash management program of the District government,
including the investment of surplus funds in governmental and non-governmental interest-bearing
securities and accounts.
(4) Administering the centralized District government payroll and retirement
systems.
(5) Governing the accounting policies and systems applicable to the District
government.
(6) Preparing appropriate annual, quarterly, and monthly financial reports of the
accounting and financial operations of the District government.
(7) Not later than 120 days after the end of each fiscal year (beginning with fiscal
year 1995), preparing the complete financial statement and report on the activities of the District
government for such fiscal year, for the use of the Mayor under section 448(a)(4) of the District
of Columbia Self-Government and Governmental Reorganization Act [Home Rule Act] [D.C.
Code 47-310(a)(4)].
(e) [D.C. Code 47-317.5]. FUNCTIONS OF TREASURER. – At all times, the
Treasurer shall have the following duties:
(1) Assisting the Chief Financial Officer in reporting revenues received by the
District government, including submitting annual and quarterly reports concerning the cash
position of the District government not later than 60 days after the last day of the quarter (or
year) involved. Such reports shall include:
(A) Comparative reports of revenue and other receipts by source, including
tax, nontax, and Federal revenues, grants and reimbursements, capital program loans, and
advances. Each source shall be broken down into specific components.
(B) Statements of the cash flow of the District government for the
preceding quarter or year, including receipts, disbursements, net changes in cash inclusive of the
beginning balance, cash and investment, and the ending balance, inclusive of cash and investment.
Such statements shall reflect the actual, planned, better or worse dollar amounts and the
percentage change with respect to the current quarter, year-to-date, and fiscal year.
(C) Quarterly cash flow forecast for the quarter or year involved, reflecting
receipts, disbursements, net change in cash inclusive of the beginning balance, cash and
investment, and the ending balance, inclusive of cash and investment with respect to the actual
dollar amounts for the quarter or year, and projected dollar amounts for each of the 3 succeeding
quarters.
(D) Monthly reports reflecting a detailed summary analysis of all District of
Columbia government investments, including, but not limited to:
(i) The total of long-term and short-term investments;
(ii) A detailed summary analysis of investments by type and amount,
including purchases, sales (maturities), and interest;
(iii) An analysis of investment portfolio mix by type and amount,
including liquidity, quality/risk of each security, and similar information;
(iv) An analysis of investment strategy, including near-term
strategic plans and projects of investment activity, as well as forecasts of future investment
strategies based on anticipated market conditions, and similar information; and
(v) An analysis of cash utilization, including:
(I) Comparisons of budgeted percentages of total cash to be
invested with actual percentages of cash invested and the dollar amounts;
(II) Comparisons of the next return on invested cash
expressed in percentages (yield) with comparable market indicators and established District of
Columbia government yield objectives; and
(III) Comparisons of estimated dollar return against actual
dollar yield.
(E) Monthly reports reflecting a detailed summary analysis of long-term
and short-term borrowings inclusive of debt as authorized by section 603 [D.C. Code 47-313],
in the current fiscal year and the amount of debt for each succeeding fiscal year not to exceed 5
years; all such reports shall reflect:
(i) The amount of debt outstanding by type of instrument;
(ii) The amount of authorized and unissued debt, including
availability of short-term lines of credit, United States Treasury borrowings, and similar
information;
(iii) A maturity schedule of the debt;
(iv) The rate of interest payable upon the debt; and
(v) The amount of debt service requirements and related debt
service reserves.
(2) Such other functions assigned to the Chief Financial Officer under subsection
(c) or subsection (d) [D.C. Code 47-317.3 or 47-317.4] as the Chief Financial Officer may
delegate.
(f) [D.C. Code 47-317.6]. DEFINITIONS.— In this section –
(1) The term “Authority” means 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 [D.C. Code
47-391.1(a)];
(2) The term “control year” has the meaning given such term under section 305(4)
of such Act [D.C. Code 47-393(4)]; and
(3) The term “District government” has the meaning given such term under section
305(5) of such Act [D.C. Code 47-393(5)].
PART C – THE JUDICIARYJUDICIAL POWERS
SEC. 431. [D.C. Code, Title 11, Appendix, 431] (a) The judicial power of the District
is vested in the District of Columbia Court of Appeals and the Superior Court of the District of
Columbia. The Superior Court has jurisdiction of any civil action or other matter (at law or in
equity) brought in the District and of any criminal case under any law applicable exclusively to the
District. The Superior Court has no jurisdiction over any civil or criminal matter over which a
United States court has exclusive jurisdiction pursuant to an Act of Congress. The Court of
Appeals has jurisdiction of appeals from the Superior Court and, to the extent provided by law, to
review orders and decisions of the Mayor, the Council, or any agency of the District. The District
of Columbia courts shall also have jurisdiction over any other matters granted to the District of
Columbia courts by other provisions of law.
(b) The chief judge of a District of Columbia court shall be designated by the District of
Columbia Judicial Nominating [Nomination] Commission established by section 434 from among
the judges of the court in regular active service, and shall serve as chief judge for a term of four
years or until a successor is designated, except that the term as chief judge shall not extend
beyond the chief judge’s term as a judge of a District of Columbia court. An individual shall be
eligible for redesignation as chief judge.
(c) A judge of a District of Columbia court appointed on or after the date of enactment of
the District of Columbia Court Reorganization Act of 1970 [District of Columbia Court Reform
and Criminal Procedure Act of 1970, approved July 29, 1970 (P.L. 91-358; 84 Stat. 473)] shall be
appointed for a term of fifteen years subject to mandatory retirement at age seventy-four or
removal, suspension, or involuntary retirement pursuant to section 432 and upon completion of
such term, such judge shall continue to serve until reappointed or a successor is appointed and
qualifies. A judge may be reappointed as provided in subsection (c) of section 433.
(d) (1) There is established a District of Columbia Commission on Judicial Disabilities and
Tenure (hereinafter referred to as the “Tenure Commission”). The Tenure Commission shall
consist of seven members selected in accordance with the provisions of subsection (e). Such
members shall serve for terms of six years, except that the member selected in accordance with
subsection (e)(3)(A) shall serve for five years; of the members first selected in accordance with
subsection (e)(3)(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 (e)(3)(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 (e)(3)(D) shall serve for six years; and the member first
appointed in accordance with subsection (e)(3)(E) shall serve for six years. In making the
respective first appointments according to subsections (e)(3)(B) and (e)(3)(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.
(2) The Tenure Commission shall act only at meetings called by the Chairman or a
majority of the Tenure Commission held after notice has been given of such meeting to all Tenure
Commission members.
(3) The Tenure Commission shall choose annually, from among its members, a
Chairman and such other officers as it may deem necessary. The Tenure Commission may adopt
such rules of procedures not inconsistent with this Act as may be necessary to govern the business
of the Tenure Commission.
(4) The District government shall furnish to the Tenure Commission, upon the
request of the Tenure Commission, such records, information, services, and such other assistance
and facilities as may be necessary to enable the Tenure Commission properly to perform its
functions. Information so furnished shall be treated by the Tenure Commission as privileged and
confidential.
(e) (1) No person may be appointed to the Tenure Commission unless such 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 ninety days immediately prior to appointment; and
(C) is not an 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 (3)(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 Tenure 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) In addition to all other qualifications listed in this section, lawyer members of
the Tenure Commission shall have the qualifications prescribed for persons appointed as judges of
the District of Columbia courts. Members of the Tenure 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.
No person may serve at the same time on both the District of Columbia Judicial
Nomination Commission and on the District of Columbia Commission on Judicial Disabilities and
Tenure.
(f) Members of the Tenure Commission shall serve without compensation for services
rendered in connection with their official duties on the Commission.
(g) The Tenure Commission shall have the power to suspend, retire, or remove a judge of
a District of Columbia court as provided in section 432 and to make recommendations regarding
the appointment of senior judges of the District of Columbia courts as provided in section
11-1504 of the District of Columbia Code.
REMOVAL, SUSPENSION, AND INVOLUNTARY RETIREMENT
SEC. 432. [D.C. Code, Title 11, Appendix, 432] (a) (1) A judge of a District of
Columbia court shall be removed from office upon the filing in the District of Columbia Court of
Appeals by the Tenure Commission of an order of removal certifying the entry, in any court
within the United States, of a final judgment of conviction of a crime which is punishable as a
felony under Federal law or which would be a felony in the District.
(2) A judge of a District of Columbia court shall also be removed from office upon
affirmance of an appeal from an order of removal filed in the District of Columbia Court of
Appeals by the Tenure Commission (or upon expiration of the time within which such an appeal
may be taken) after a determination by the Tenure Commission of –
(A) willful misconduct in office,
(B) willful and persistent failure to perform judicial duties, or
(C) any other conduct which is prejudicial to the administration of justice
or which brings the judicial office into disrepute.
(b) A judge of a District of Columbia court shall be involuntarily retired from office when
(1) the Tenure Commission determines that the judge suffers from a mental or physical disability
(including habitual intemperance) which is or is likely to become permanent and which prevents,
or seriously interferes with, the proper performance of judicial duties, and (2) the Tenure
Commission files in the District of Columbia Court of Appeals an order of involuntary retirement
and the order is affirmed on appeal or the time within which an appeal may be taken from the
order has expired.
(c) (1) A judge of a District of Columbia court shall be suspended, without salary —
(A) upon –
(i) proof of conviction of a crime referred to in subsection (a)(1)
which has not become final, or
(ii) the filing of an order of removal under subsection (a)(2) which
has not become final; and
(B) upon the filing by the Tenure Commission of an order of suspension in
the District of Columbia Court of Appeals.
Suspension under this paragraph shall continue until termination of all appeals. If the conviction is
reversed or the order of removal is set aside, the judge shall be reinstated and shall recover any
salary and all other rights and privileges of office.
(2) A judge of a District of Columbia court shall be suspended from all judicial
duties, with such retirement salary as the judge may be entitled, upon the filing by the Tenure
Commission of an order of involuntary retirement under subsection (b) in the District of Columbia
Court of Appeals. Suspension shall continue until termination of all appeals. If the order of
involuntary retirement is set aside, the judge shall be reinstated and shall recover judicial salary
less any retirement salary received and shall be entitled to all the rights and privileges of office.
(3) A judge of a District of Columbia court shall be suspended from all or part of
the judge’s judicial duties, with salary, if the Tenure Commission, upon concurrence of five
members, (A) orders a hearing for the removal or retirement of the judge pursuant to this
subchapter and determines that such suspension is in the interest of the administration of justice,
and (B) files an order of suspension in the District of Columbia Court of Appeals. The suspension
shall terminate as specified in the order (which may be modified, as appropriate, by the Tenure
Commission) but in no event later than the termination of all appeals.
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
