“The following act of the Council of the District of Columbia (published with this notice)
authorizing the issuance of general obligation bonds has taken effect. As provided in the District
of Columbia Self-Government and Governmental Reorganization Act, the time within which a
suit, action, or proceeding questioning the validity of such bonds may be commenced expires at
the end of the 20-day period beginning on the date of the first publication of this notice.
“_______________ ,
“Mayor.”
(b) Neither the failure to publish the notice provided for in subsection (a) [of this section]
nor any error in any publication of such notice shall impair the effectiveness of the act of the
Council authorizing the issuance of such bonds or the validity of any bond issued pursuant to such
act.
SHORT PERIOD OF LIMITATION
SEC. 464. [D.C. Code 47-324] (a) At the end of the 20-day period beginning on the
date of the first publication pursuant to the notice in section 463(a) [D.C. Code 47-323(a)] that
an act authorizing the issuance of general obligation bonds has taken effect:
(1) Any recital or statement of fact contained in such act or in the preamble or title
of such act shall be deemed to be true for the purpose of determining the validity of the bonds
authorized by such act, and the District and all others interested shall be estopped from denying
any such recital or statement of fact; and
(2) Such act, and all proceedings in connection with the authorization of the
issuance of such bonds including any election held on the question of issuing such bonds, shall be
deemed to have been duly and regularly taken, passed, and done by the District, in compliance
with this Act and all other applicable laws, for the purpose of determining the validity of such act
and proceedings; and no court shall have jurisdiction in any suit, action, or proceeding questioning
the validity of such act or proceedings except in a suit, action, or proceeding commenced before
the end of such 20-day period.
(b) At the end of the 20-day period beginning on the date of the first publication pursuant
to the notice in section 463(a) [D.C. Code 47-323(a)] that an act authorizing the issuance of
general obligation bonds has taken effect, no court shall have jurisdiction in any suit, action, or
proceeding questioning the validity of any general obligation bond issued pursuant to such act if:
(1) Such general obligation bond was purchased in good faith and for fair value;
and
(2) Such general obligation bond contains substantially the following statement
which shall bind the District of Columbia:
“It is hereby certified and recited that all conditions, acts, and things required by
the District of Columbia Self-Government and Governmental Reorganization Act
and other applicable laws to exist, to have happened, and to have been performed
precedent to and in the issuance of this bond exist, have happened, and have been
performed and that the issue of bonds, of which this is one, together with all other
indebtedness of the District of Columbia, is within every debt and other limit
prescribed by law.”
ISSUANCE OF GENERAL OBLIGATION BONDS
SEC. 465. [D.C. Code 47-325] (a) After an act of the Council authorizing the issuance
of general obligation bonds under section 461(a) [D.C. Code 47-321(a)] takes effect, the Mayor
may issue such general obligation bonds as authorized by such act of the Council. An issue of
general obligation bonds may be all or any part of the aggregate principal amount of bonds
authorized by such act.
(b) The principal amount of the general obligation bonds of each issue shall be payable in
annual installments beginning not more than three years after the date of such bonds and ending
not more than thirty years after such date.
(c) The general obligation bonds of each issue shall be executed by the manual or
facsimile signature of such officials as may be designated to sign such bonds by the act of the
Council authorizing the issuance of the bonds, except that at least one such signature shall be
manual. Coupons attached to the bonds shall be authenticated by the facsimile signature of the
Mayor unless the Council provides otherwise.
PUBLIC OR PRIVATE SALE
SEC. 466. [D.C. Code 47-326] (a) General obligation bonds issued under this part may
be sold at private sale on a negotiated basis (in such manner as the Mayor may determine to be in
the public interest), or may be sold at public sale upon sealed proposals after publication of a
notice of such sale at least once not less than ten days prior to the date fixed for sale in a daily
newspaper carrying municipal bond notices and devoted primarily to financial news or to the
subject of state and municipal bonds published in the city of New York, (New York), and in 1 or
more newspapers of general circulation published in the District. Such notice shall state, among
other things, that no proposal shall be considered unless there is deposited with the District as a
down-payment a certified check or cashier’s check for an amount equal to at least two per centum
of the par amount of general obligation bonds bid for, and the Mayor shall reserve the right to
reject any and all bids.
AUTHORITY TO CREATE SECURITY INTERESTS IN DISTRICT REVENUES
SEC. 467. [D.C. Code 47-326.1]. (a) IN GENERAL.—An act of the Council
authorizing the issuance of general obligation bonds or notes under section 461, section 471(a),
section 472(a), or section 475(a) [D.C. Code 47-321(a), 47-327(a), 47-328(a), or 47-330.1(a),
respectively] may create a security interest in any District revenues as additional security for the
payment of the bonds or notes authorized by such act.
(b) CONTENTS OF ACTS.—Any such act creating a security interest in District revenues
may contain provisions (which may be part of the contract with the holders of such bonds or
notes):
(1) Describing the particular District revenues which are subject to such security
interest;
(2) Creating a reasonably required debt service reserve fund or any other special
fund;
(3) Authorizing the Mayor of the District to execute a trust indenture securing the
bonds or notes;
(4) Vesting in the trustee under such a trust indenture such properties, rights,
powers, and duties in trust as may be necessary, convenient, or desirable;
(5) Authorizing the Mayor of the District to enter into and amend agreements
concerning:
(A) The custody, collection, use, disposition, security, investment, and
payment of the proceeds of the bonds or notes and the District revenues which are subject to such
security interest; and
(B) The doing of any act (or the refraining from doing any act) that the
District would have the right to do in the absence of such an agreement;
(6) Prescribing the remedies of the holders of the bonds in the event of a default;
and
(7) Authorizing the Mayor of the District to take any other actions in connection
with the issuance, sale, delivery, security, and payment of the bonds or notes.
(c) TIMING AND PERFECTION OF SECURITY INTERESTS.—Notwithstanding
article 9 of title 28 of the District of Columbia Code, any security interest in District revenues
created under subsection (a) [of this section] shall be valid, binding, and perfected from the time
such security interest is created, with or without the physical delivery of any funds or any other
property and with or without any further action. Such security interest shall be valid, binding, and
perfected whether or not any statement, document, or instrument relating to such security interest
is recorded or filed. The lien created by such security interest is valid, binding, and perfected with
respect to any individual or legal entity having claims against the District, whether or not such
individual or legal entity has notice of such lien.
(d) OBLIGATIONS AND EXPENDITURES NOT SUBJECT TO APPROPRIATION.—The 4th sentence of section 446 [D.C. Code 47-304] shall not apply to any obligation or
expenditure of any District revenues to secure any general obligation bond or note under
subsection (a) [of this section].
Subpart 2 – Short-Term Borrowing
BORROWING TO MEET APPROPRIATIONS
SEC. 471. [D.C. Code 47-327]. (a) In the absence of unappropriated revenues available
to meet appropriations made pursuant to section 446 [D.C. Code 47-304], the Council may by
act authorize the issuance of general obligation notes. The total amount of all such general
obligation notes originally issued during a fiscal year shall not exceed 2 per centum of the total
appropriations for the District for such fiscal year.
(b) Any general obligation note issued under subsection (a) [of this section], as authorized
by an act of the Council, may be renewed. Any such note, including any renewal of such note,
shall be due and payable not later than the last day of the fiscal year occurring immediately after
the fiscal year during which the act authorizing the original issuance of such note takes effect.
(c) The 4th sentence of section 446 [D.C. Code 47-304] shall not apply to any amount
obligated or expended by the District for the payment of the principal of, interest on, or
redemption premium for any general obligation note issued under subsection (a) [of this section].
BORROWING IN ANTICIPATION OF REVENUES
SEC. 472. [D.C. Code 47-328] (a) IN GENERAL.—In anticipation of the collection or
receipt of revenues for a fiscal year, the Council may by act authorize the issuance of general
obligation notes for such fiscal year, to be known as revenue anticipation notes.
(b) LIMIT ON AGGREGATE NOTES OUTSTANDING.—The total amount of all
revenue anticipation notes issued under subsection (a) [of this section] outstanding at any time
during a fiscal year shall not exceed 20 percent of the total anticipated revenue of the District for
such fiscal year, as certified by the Mayor under this subsection. The Mayor shall certify, as of a
date which occurs not more than 15 days before each original issuance of such revenue
anticipation notes, the total anticipated revenue of the District for such fiscal year.
(c) PERMITTED OUTSTANDING DURATION.—Any revenue anticipation note issued
under subsection (a) [of this section] may be renewed. Any such note, including any renewal of
such note, shall be due and payable not later than the last day of the fiscal year during which the
note was originally issued.
(d) EFFECTIVE DATE OF AUTHORIZATION ACTS; PAYMENTS NOT SUBJECT
TO APPROPRIATION.—
(1) EFFECTIVE DATE.—Notwithstanding section 602(c)(1) [D.C. Code
1-233(c)(1)], any act of the Council authorizing the issuance of revenue anticipation notes under
subsection (a) [of this section] shall take effect—
(A) if such act is enacted during a control year (as defined in section 305(4)
of the District of Columbia Financial Responsibility and Management Assistance Act of 1995)
[D.C. Code 47-393(4)], on the date of approval by the District of Columbia Financial
Responsibility and Management Assistance Authority; or
(B) if such act is enacted during any other year, on the date of enactment of
such act.
(2) PAYMENTS NOT SUBJECT TO APPROPRIATION.— The fourth sentence
of section 446 [D.C. Code 47-304] shall not apply to any amount obligated or expended by the
District for the payment of the principal of, interest on, or redemption premium for any revenue
anticipation note issued under subsection (a) [of this section].
NOTES REDEEMABLE PRIOR TO MATURITY
SEC. 473. [D.C. Code 47-329] No notes issued pursuant to this part shall be made
payable on demand, but any note may be made subject to redemption prior to maturity on such
notice and at such time as may be stated in the note.
SALES OF NOTES
SEC. 474. [D.C. Code 47-330] All notes issued pursuant to this part may be sold at not
less than par and accrued interest at private sale without previous advertising.
BOND ANTICIPATION NOTES
SEC. 475. [D.C. Code 47-330.1] (a) AUTHORIZING ISSUANCE.—
(1) IN GENERAL.—In anticipation of the issuance of general obligation bonds, the
Council may by act authorize the issuance of general obligation notes to be known as bond
anticipation notes in accordance with this section.
(2) PURPOSES; PERMITTING ISSUANCE OF GENERAL OBLIGATION
BONDS TO COVER INDEBTEDNESS.—The proceeds of bond anticipation notes issued under
this section shall be used for the purposes for which general obligation bonds may be issued under
section 461 [D.C. Code 47-321], and such notes shall constitute indebtedness which may be
refunded through the issuance of general obligation bonds under such section.
(b) MAXIMUM ANNUAL DEBT SERVICE AMOUNT.—The Act of the Council
authorizing the issuance of bond anticipation notes shall set forth for the bonds anticipated by
such notes an estimated maximum annual debt service amount based on an estimated schedule of
annual principal payments and an estimated schedule of annual interest payments (based on an
estimated maximum average annual interest rate for such bonds over a period of 30 years from the
earlier of the date of issuance of the notes or the date of original issuance of prior notes in
anticipation of those bonds). Such estimated maximum annual debt service amount as estimated at
the time of issuance of the original bond anticipation notes shall be included in the calculation
required by section 603(b) [D.C. Code 47-313(b)] while such notes or renewal notes are
outstanding.
(c) PERMITTED OUTSTANDING DURATION.—Any bond anticipation note, including
any renewal note, shall be due and payable not later than the last day of the third fiscal year
following the fiscal year during which the note was originally issued.
(d) GENERAL AUTHORITY OF COUNCIL.—If provided for in [an] Act of the Council
authorizing such an issue of bond anticipation notes, bond anticipation notes may be issued in
succession, in such amounts, at such times, and bearing interest rates within the permitted
maximum authorized by such Act.
(e) EFFECTIVE DATE OF AUTHORIZATION ACTS; PAYMENTS NOT SUBJECT
TO APPROPRIATION.—
(1) EFFECTIVE DATE.— Notwithstanding section 602(c)(1) [D.C. Code 1-233(c)(1)], any act of the Council authorizing the renewal of bond anticipation notes under
subsection (c) [of this section] or the issuance of general obligation bonds under section 461(a)
[D.C. Code 47-321(a)] to refund any bond anticipation notes shall take effect—
(A) if such act is enacted during a control year (as defined in section 305(4)
of the District of Columbia Financial Responsibility and Management Assistance Act of 1995[,
approved April 17, 1995 ( 109 Stat. 152; D.C. Code 47-393(4))]), on the date of approval by
the District of Columbia Financial Responsibility and Management Assistance Authority; or
(B) if such act is enacted during any other year, on the date of enactment of
such act.
(2) PAYMENT NOT SUBJECT TO APPROPRIATION.—The fourth sentence of
[section] 446 [D.C. Code 47-304] shall not apply to any amount obligated or expended by the
District for the payment of the principal of, interest on, or redemption premium for any bond
anticipation note issued under this section.
Subpart 3 – Payment of Bonds and Notes
SPECIAL TAX
SEC. 481. [D.C. Code 47-331] (a) Any act of the Council authorizing the issuance of
general obligation bonds under section 461(a) [D.C. Code 47-321(a)] shall provide for the
annual levy of a special tax or charge, if the Council determines that such tax or charge is
necessary. Such tax or charge shall be levied, without limitation as to rate or amount, in amounts
which together with other District revenues available and applicable will be sufficient to pay the
principal of and interest on such general obligation bonds as they become due and payable. Such
tax or charge shall be levied and collected at the same time and in the same manner as other
District taxes are levied and collected, and when collected shall be set aside in a separate debt
service fund and irrevocably dedicated to the payment of such principal and interest.
(b) The Comptroller General of the United States shall make annual audits of the amounts
set aside and deposited in each debt service fund pursuant to subsection (a) [of this section].
FULL FAITH AND CREDIT OF THE DISTRICT
SEC. 482. [D.C. Code 47-331.1] The full faith and credit of the District is pledged for
the payment of the principal of and interest on any general obligation bond or note issued under
section 461(a), section 471(a), or section 472(a) [D.C. Code 47-321(a), 47-327(a), or
47-328(a)], whether or not such pledge is stated in such bond or note or in the act authorizing the
issuance of such bond or note.
PAYMENT OF THE GENERAL OBLIGATION BONDS AND NOTES
SEC. 483. [D.C. Code 47-331.2] (a) The Council shall provide in each annual budget
for the District of Columbia government for a fiscal year adopted by the Council pursuant to
section 446 [D.C. Code 47-304] sufficient funds to pay the principal of and interest on all
general obligation bonds or notes issued under section 461(a), section 471(a), or section 472(a)
[D.C. Code 47-321(a), 47-327(a), or 47-328(a)] becoming due and payable during such
fiscal year.
(b) The Mayor shall insure that the principal of and interest on all general obligation
bonds and notes issued under section 461(a), section 471(a), or section 472(a) [D.C. Code
47-321(a), 47-327(a), or 47-328(a) are paid when due, including by paying such principal
and interest from funds not otherwise legally committed.
(c) [Repealed by section 11601(b)(1)(B) of the National Capital Revitalization and Self-Government Improvement Act of 1997, approved August 5, 1997 (P.L. 105-33; 111 Stat. 251.]
(d) The 4th sentence of section 446 [D.C. Code 47-304] shall not apply to:
(1) Any amount set aside in a debt service fund under section 481(a) [D.C. Code
47-331(a)];
(2) Any amount obligated or expended for the payment of the principal of, interest
on, or redemption premium for any general obligation bond or note issued under section 461(a),
section 471(a), or section 472(a) [D.C. Code 47-321(a), 47-327(a), or 47-328(a)];
(3) Any amount obligated or expended as provided by the Council in any annual
budget for the District of Columbia government pursuant to subsection (a) [of this section] or as
provided by any amendment or supplement to such budget; or
(4) Any amount obligated or expended by the Mayor pursuant to subsection (b) or
(c) [of this section].
Subpart 4 – Full Faith and Credit of the Unites States
FULL FAITH AND CREDIT OF UNITED STATES NOT PLEDGED
SEC. 484. [D.C. Code 47-331.3] The full faith and credit of the United States is not
pledged for the payment of any principal of or interest on any bond, note, or other obligation
issued by the District under this part. The United States is not responsible or liable for the
payment of any principal of or interest on any bond, note, or other obligation issued by the
District under this part.
Subpart 5 – Tax Exemptions; Legal Investment; Water Pollution;
Reservoirs; Metro Contributions; and Revenue Bonds
TAX EXEMPTION
SEC. 485. [D.C. Code 47-332] Bonds and notes issued by the Council pursuant to this
title and the interest thereon shall be exempt from all federal and District taxation except estate,
inheritance, and gift taxes.
LEGAL INVESTMENT
SEC. 486. [D.C. Code 47-333] Notwithstanding any restriction on the investment of
funds by fiduciaries contained in any other law, all domestic insurance companies, domestic
insurance associations, executors, administrators, guardians, trustees, and other fiduciaries within
the District may legally invest any sinking funds, moneys, trust funds, or other funds belonging to
them or under or within their control in any bonds issued pursuant to this title, it being the
purpose of this section to authorize the investment in such bonds or notes of all sinking,
insurance, retirement, compensation, pension, and trust funds. National banking associations are
authorized to deal in, underwrite, purchase and sell, for their own accounts or for the accounts of
customers, bonds and notes issued by the Council to the same extent as national banking
associations are authorized by paragraph seven of section 5136 of the Revised Statutes (12
U.S.C. 24), to deal in, underwrite, purchase and sell obligations of the United States, states, or
political subdivisions thereof. All federal building and loan associations and federal savings and
loan associations; and banks, trust companies, building and loan associations, and savings and
loan associations, domiciled in the District, may purchase, sell, underwrite, and deal in, for their
own account or for the account of others, all bonds or notes issued pursuant to this title. Nothing
contained in this section shall be construed as relieving any person, firm, association, or
corporation from any duty of exercising due and reasonable care in selecting securities for
purchase or investment.
WATER POLLUTION
SEC. 487. [D.C. Code 43-1615] (a) The Mayor shall annually estimate the amount of
the District’s principal and interest expense which is required to service District obligations
attributable to the Maryland and Virginia pro rata share of District sanitary sewage water works
and other water pollution projects which provide service to the local jurisdictions in those states.
Such amounts as determined by the Mayor pursuant to the agreements described in subsection (b)
[of this section] shall be used to exclude the Maryland and Virginia share of pollution projects
cost from the limitation on the District’s capital project obligations as provided in section 603(b)
[D.C. Code 47-313 (b)].
(b) The Mayor shall enter into agreements with the states and local jurisdictions
concerned for annual payments to the District of rates and charges for waste treatment services in
accordance with the use and benefits made and derived from the operation of the said waste
treatment facilities. Each such agreement shall require that the estimated amount of such rates and
charges will be paid in advance, subject to adjustment after each year. Such rates and charges shall
be sufficient to cover the cost of construction, interest on capital, operation and maintenance, and
the necessary replacement of equipment during the useful life of the facility.
COST OF RESERVOIRS ON POTOMAC RIVER
SEC. 488. [D.C. Code 43-1553] (a) The Mayor is authorized to contract with the
United States, any state in the Potomac River basin, any agency or political subdivision thereof,
and any other competent state or local authority, with respect to the payment by the District to
the United States, either directly or indirectly, of the District’s equitable share of any part or parts
of the non-federal portion of the costs of any reservoirs authorized by the Congress for
construction on the Potomac River or any of its tributaries. Every such contract may contain such
provisions as the Mayor may deem necessary or appropriate.
(b) Unless hereafter otherwise provided by legislation enacted by the Council, all
payments made by the District and all moneys received by the District pursuant to any contract
made under the authority of this Act shall be paid from, or be deposited in, a fund designated by
the Mayor. Charges for water delivered from the District water system for use outside the District
may be adjusted to reflect the portions of any payments made by the District under contracts
authorized by this Act which are equitably attributable to such use outside the District.
(c) There are hereby authorized to be appropriated such sums as may be necessary to
carry out the purposes of this section.
DISTRICT’S CONTRIBUTIONS TO THE WASHINGTON METROPOLITAN AREA
TRANSIT AUTHORITY
SEC. 489. [D.C. Code 1-2455] Notwithstanding any provision of law to the contrary,
beginning with fiscal year 1976 the District share of the cost of the Adopted Regional System
described in this National Capital Transportation Act of 1969 (83 Stat. 320), may be payable from
the proceeds of the sale of District general obligation bonds issued pursuant to this title.
REVENUE BONDS AND OTHER OBLIGATIONS
SEC. 490 [D.C. Code 47-334]. (a)(1) Subject to paragraph (2) [of this subsection], the
Council may by act or by resolution authorize the issuance of taxable and tax-exempt revenue
bonds, notes, or other obligations to borrow money to finance, refinance, or reimburse and to
assist in the financing, refinancing, or reimbursing of or for capital projects and other undertakings
by the District or by any District instrumentality, or on behalf of any qualified applicant, including
capital projects or undertakings in the areas of housing; health facilities; transit and utility
facilities; manufacturing; sports, convention, and entertainment facilities; recreation, tourism and
hospitality facilities; facilities to house and equip operations of the District government or its
instrumentalities; public infrastructure development and redevelopment; elementary, secondary
and college and university facilities; educational programs which provide loans for the payment of
educational expenses for or on behalf of students; facilities used to house and equip operations
related to the study, development, application, or production of innovative commercial or
industrial technologies and social services; water and sewer facilities (as defined in paragraph (5)
[of this subsection]); pollution control facilities; solid and hazardous waste disposal facilities;
parking facilities, industrial and commercial development; authorized capital expenditures of the
District; and any other property or project that will, as determined by the Council, contribute to
the health, education, safety, or welfare, of, or the creation or preservation of jobs for, residents
of the District, or to economic development of the District, and any facilities or property, real or
personal, used in connection with or supplementing any of the foregoing; lease-purchase financing
of any of the foregoing facilities or property; and any costs related to the issuance, carrying,
security, liquidity or credit enhancement of or for revenue bonds, notes, or other obligations,
including, capitalized interest and reserves, and the costs of bond insurance, letters of credit, and
guaranteed investment, forward purchase, remarketing, auction, and swap agreements. Any such
financing, refinancing, or reimbursement may be effected by loans made directly or indirectly to
any individual or legal entity, by the purchase of any mortgage, note, or other security, or by the
purchase, lease, or sale of any property.
(2) Any revenue bond, note, or other obligation issued under paragraph (1) [of this
subsection] shall be a special obligation of the District and shall be a negotiable instrument,
whether or not such revenue bond, note, or other obligation is a security as defined in section
28:8-102(1)(a) of title 28 of the District of Columbia Code [D.C. Code 28:8-102(1)(a)].
(3) Any revenue bond, note, or other obligation issued under paragraph (1) [of this
subsection] shall be paid and secured (as to principal, interest, and any premium) as provided by
the act or resolution of the Council authorizing the issuance of such revenue bond, note, or other
obligation. Any act or resolution of the Council, or any delegation of Council authority under
subsection (a)(6) [of this section], authorizing the issuance of revenue bonds, notes, or other
obligations may provide for (A) the payment of such revenue bonds, notes, or other obligations
from any available revenues, assets, property (including water and sewer enterprise fund revenues,
assets, or other property in the case of bonds, notes, or obligations issued with respect to water
and sewer facilities), and (B) the securing of such revenue bond, note, or other obligation by the
mortgage of real property or the creation of a security interest in available revenues, assets, or
other property (including water and sewer enterprise fund revenues, assets, or other property in
the case of bonds, notes, or obligations issued with respect to water and sewer facilities).
(4)(A) In authorizing the issuance of any revenue bond, note, or other obligation
under paragraph (1) [of this subsection], the Council may enter into, or authorize the Mayor to
enter into, any agreement concerning the acquisition, use, or disposition of any available revenues,
assets, or property. Any such agreement may create a security interest in any available revenues,
assets, or property, may provide for the custody, collection, security, investment, and payment of
any available revenues (including any funds held in trust) for the payment of such revenue bond,
note, or other obligation, may mortgage any property, may provide for the acquisition,
construction, maintenance, and disposition of the undertaking financed or refinanced using the
proceeds of such revenue bond, note, or other obligation, and may provide for the doing of any
act (or the refraining from doing of any act) which the District has the right to do in the absence
of such agreement. Any such agreement may be assigned for the benefit of, or made a part of any
contract with, any holder of such revenue bond, note, or other obligation issued under paragraph
(1) [of this subsection].
(B) Notwithstanding article 9 of title 28 of the District of Columbia Code,
any security interest created under subparagraph (A) [of this paragraph] shall be valid, binding,
and perfected from the time such security interest is created, with or without the physical delivery
of any funds or any other property and with or without any further action. Such security interest
shall be valid, binding, and perfected whether or not any statement, document, or instrument
relating to such security interest is recorded or filed. The lien created by such security interest is
valid, binding, and perfected with respect to any individual or legal entity having claims against
the District, whether or not such individual or legal entity has notice of such lien.
(C) Any funds of the District held for the payment or security of any
revenue bond, note, or other obligation issued under paragraph (1) [of this subsection], whether
or not such funds are held in trust, may be secured in the manner agreed to by the District and any
depository of such funds. Any depository of such funds may give security for the deposit of such
funds.
(5) In paragraph (1) [of this subsection], the term “water and sewer facilities”
means facilities for the obtaining, treatment, storage, and distribution of water, the collection,
storage, treatment, and transportation of wastewater, storm drainage, and the disposal of liquids
and solids resulting from treatment.
(6)(A) The Council may by act delegate to any District instrumentality the
authority of the Council under subsection (a)(1) [of this section] to issue taxable or tax-exempt
revenue bonds, notes, or other obligations to borrow money for the purposes specified in this
subsection. For purposes of this paragraph, the Council shall specify for what undertakings
revenue bonds, notes, or other obligations may be issued under each delegation made pursuant to
this paragraph. Any District instrumentality may exercise the authority and the powers incident
thereto delegated to it by the Council as described in the first sentence of this paragraph only in
accordance with this paragraph and shall be consistent with this paragraph and the terms of the
delegation.
(B) Revenue bonds, notes, or other obligations issued by a
District instrumentality under a delegation of authority described in subparagraph (A) [of this
paragraph] shall be issued by resolution of that instrumentality, and any such resolution shall not
be considered to be an act of the Council.
(C) Nothing in this paragraph shall be construed as restricting, impairing,
or superseding the authority otherwise vested by law in any District instrumentality.
(b) No property owned by the United States may be mortgaged or made subject to any
security interest to secure any revenue bond, note, or other obligation issued under subsection
(a)(1) [of this section].
(c) Any and all such revenue bonds, notes, or other obligations issued under subsection
(a)(1) [of this section] shall not be general obligations of the District and shall not be a pledge of
or involve the faith and credit or the taxing power of the District (other than with respect to any
dedicated taxes) and shall not constitute a debt of the District, and shall not constitute lending of
the public credit for private undertakings for purposes of section 602(a)(2) [D.C. Code
1-233(a)(2)].
(d) Any and all such bonds, notes, or other obligations shall be issued pursuant to an act
of the Council without the necessity of submitting the question of such issuance to the registered
qualified electors of the District for approval or disapproval.
(e) Any act of the Council authorizing the issuance of revenue bonds, notes, or other
obligations under subsection (a)(1) [of this section] may—
(1) Briefly describe the purpose for which such bonds, notes, or other obligations
are to be issued;
(2) Identify the act authorizing such purpose;
(3) Prescribe the form, terms, provisions, manner, and method of issuing and
selling (including sale by negotiation or by competitive bid) such bonds, notes, or other
obligations;
(4) Provide for the rights and remedies of the holders of such bonds, notes, or
other obligations upon default;
(5) Prescribe any other details with respect to the issuance, sale, or securing of
such bonds, notes, or other obligations; and
(6) Authorize the Mayor to take any actions in connection with the issuance, sale,
delivery, security, and payment of such bonds, notes, or other obligations, including the
prescribing of any terms or conditions not contained in such act of the Council.
(f) The 4th sentence of section 446 [D.C. Code 47-304] shall not apply to—
(1) Any amount (including the amount of any accrued interest or premium)
obligated or expended from the proceeds of the sale of any revenue bond, note, or other
obligation issued under subsection (a)(1) [of this section];
(2) Any amount obligated or expended for the payment of the principal of, interest
on, or any premium for any revenue bond, note, or other obligation issued under subsection (a)(1)
[of this section];
(3) Any amount obligated or expended pursuant to provisions made to secure any
revenue bond, note, or other obligation issued under subsection (a)(1) [of this section]; and
(4) Any amount obligated or expended pursuant to commitments made in
connection with the issuance of revenue bonds, notes, or other obligations for repair,
maintenance, and capital improvements relating to undertakings financed through any revenue
bond, note, or other obligation issued under subsection (a)(1) [of this section].
(g) (1) The Council may delegate to any housing finance agency established by it
(whether established before or after April 12, 1980) the authority of the Council under subsection
(a) [of this section] to issue revenue bonds, notes, and other obligations to borrow money to
finance or assist in the financing of undertakings in the area of primarily low- and
moderate-income housing. The Council shall define for the purposes of the preceding sentence
what undertakings shall constitute undertakings in the area of primarily low- and
moderate-income housing. Any such housing finance agency may exercise authority delegated to
it by the Council as described in the first sentence of this paragraph (whether such delegation is
made before or after April 12, 1980) only in accordance with this subsection.
(2) Revenue bonds, notes, and other obligations issued by a housing finance
agency of the District under a delegation of authority described in paragraph (1) [of this
subsection] shall be issued by resolution of the agency, and any such resolution shall not be
considered to be an act of the Council.
(3) The 4th sentence of section 446 [D.C. Code 47-304] shall not apply to—
(A) Any amount (including the amount of any accrued interest or premium)
obligated or expended from the proceeds of the sale of any revenue bond, note, or other
obligation issued under subsection (g)(1) [paragraph (1) of this subsection];
(B) Any amount obligated or expended for the payment of the principal of,
interest on, or any premium for any revenue bond, note, or other obligation issued under
subsection (g)(1) [paragraph (1) of this subsection]; and
(C) Any amount obligated or expended to secure any revenue bond, note,
or other obligation issued under subsection (g)(1) [paragraph (1) of this subsection].
(h) (1) The Council may delegate to the District of Columbia Water and Sewer Authority
established pursuant to the Water and Sewer Authority Establishment and Department of Public
Works Reorganization Act of 1996[, effective April 18, 1996 (D.C. Law 11-111; D.C. Code
43-1661 et seq.)] the authority of the Council under subsection (a) [of this section] to issue
revenue bonds, notes, and other obligations to borrow money to finance or assist in the financing
or refinancing of undertakings in the area of utilities facilities, pollution control facilities, and
water and sewer facilities (as defined in subsection (a)(5) [of this section]). The Authority may
exercise authority delegated to it by the Council as described in the first sentence of this
paragraph (whether such delegation is made before or after the date of enactment of this
subsection [August 6, 1996]) only in accordance with this subsection.
(2) Revenue bonds, notes, and other obligations issued by the District of
Columbia Water and Sewer Authority under a delegation of authority described in paragraph (1)
[of this subsection] shall be issued by resolution of the Authority, and any such resolution shall
not be considered to be an act of the Council.
(3) The fourth sentence of section 446 [D.C. Code 47-304] shall not
apply to—
(A) Any amount (including the amount of any accrued interest or
premium) obligated or expended from the proceeds of the sale of any revenue bond, note, or
other obligation issued pursuant to this subsection;
(B) Any amount obligated or expended for the payment of the
principal of interest on, or any premium for any revenue bond, note, or other obligation issued
pursuant to this subsection;
(C) Any amount obligate or expended to secure any revenue bond,
not, or other obligation issued pursuant to this subsection; or
(D) Any amount obligated or expended for repair, maintenance, and
capita improvements to facilities financed pursuant to this subsection.
(i) The revenue bonds, notes, or other obligations issued under subsection (a)(1) [of this
section] are not general obligation bonds of the District government and shall not be included in
determining the aggregate amount of all outstanding obligations subject to the limitation specified
in section 603(b) [D.C. Code 47-313(b)].
(j) The issuance of revenue bonds, notes, or other obligations by the District where the
ultimate obligation to repay such revenue bonds, notes, or other obligations is that of one or more
non-governmental persons or entities may be authorized by resolution of the Council. The
issuance of all other revenue bonds, notes, or other obligations by the District shall be authorized
by act of the Council.
(k) During any control period (as defined in section 209 of the District of Columbia
Financial Responsibility and Management Assistance Act of 1995 [, approved April 17, 1995 (
109 Stat. 136; D.C. Code 47-392.9)]), any act or resolution of the Council authorizing the
issuance of revenue bonds, notes, or other obligations under subsection (a)(1) [of this section]
shall be submitted to the District of Columbia Financial Responsibility and Management
Assistance Authority for certification in accordance with section 204 of that Act [D.C. Code
47-392.4]. Any certification issued by the Authority during a control period shall be effective for
purposes of this subsection for revenue bonds, notes, or other obligations issued pursuant to such
act or resolution of the Council whether the revenue bonds, notes, or other obligations are issued
during or subsequent to that control period.
(l) The following provisions of law shall not apply with respect to property acquired, held,
and disposed of by the District in accordance with the terms of any lease-purchase financing
authorized pursuant to subsection (a)(1) [of this section]:
(1) The Act entitled “An Act authorizing the sale of certain real estate in the
District of Columbia no longer required for public purposes”, approved August 5, 1939 (53 Stat.
1211; DC Code sec. 9-401 et seq.) [D.C. Code 9-401 et seq.].
(2) Subchapter III of chapter 13 of title 16, District of Columbia Code.
(3) Any other provision of District of Columbia law that prohibits or restricts
lease-purchase financing.
(m) For purposes of this section, the following definitions shall apply:
(1) The term “revenue bonds, notes, or other obligations” means special fund
bonds, notes, or other obligations (including refunding bonds, notes, or other obligations) used to
borrow money to finance, assist in financing, refinance, or repay, restore or reimburse moneys
used for purposes referred to in subsection (a)(1) [of this section] the principal of and interest, if
any, on which are to be paid and secured in the manner described in this section and which are
special obligations and to which the full faith and credit of the District of Columbia is not pledged.
(2) The term “District instrumentality” means any agency or instrumentality
(including an independent agency or instrumentality), authority, commission, board, department,
division, office, body, or officer of the District of Columbia government duly established by an act
of the Council or by the laws of the United States, whether established before or after the date of
enactment of the District of Columbia Bond Financing Improvements Act of 1997 [August 5,
1997].
(3) The term “available revenues” means gross revenues and receipts, other than
general fund tax receipts, lawfully available for the purpose and not otherwise exclusively
committed to another purpose, including enterprise funds, grants, subsidies, contributions, fees,
dedicated taxes and fees, investment income and proceeds of revenue bonds, notes, or other
obligations issued under this section.
(4) The term “enterprise fund” means a fund or account for operations that are
financed or operated in a manner similar to private business enterprises, or established so that
separate determinations may more readily be made periodically of revenues earned, expenses
incurred, or net income for management control, accountability, capital maintenance, public
policy, or other purposes.
(5) The term “dedicated taxes and fees” means taxes and surtaxes, portions
thereof, tax increments, or payments in lieu of taxes, and fees that are dedicated pursuant to law
to the payment of the debt service on revenue bonds, notes, or other obligations authorized under
this section, the provision and maintenance of reserves for that purpose, or the provision of
working capital for or the maintenance, repair, reconstruction or improvement of the undertaking
to which the revenue bonds, notes, or other obligations relate.
(6) The term “tax increments” means taxes, other than the special tax provided for
in section 481 [D.C. Code 47-331] and pledged to the payment of general obligation
indebtedness of the District, allocable to the increase in taxable value of real property or the
increase in sales tax receipts, each from a certain date or dates, in prescribed areas, to the extent
that such increases are not otherwise exclusively committed to another purpose and as further
provided for pursuant to an act of the Council.
PART F – INDEPENDENT AGENCIES
BOARD OF ELECTIONS
SEC. 491. [Amendment to D.C. Code 1-1303] Section 3 of the District of Columbia
Elections Act (D.C. Code, sec. 1-1303) is amended to read as follows:
“SEC. 3. (a) There is created a District of Columbia Board of Elections and Ethics
(hereafter in this subchapter referred to as the ‘Board’), to be composed of three members, no
more than two of whom shall be of the same political party, appointed by the Mayor, with the
advice and consent of the Council. Members shall be appointed to serve for terms of three years,
except the members first appointed under this subchapter. One member shall be appointed to
serve for a one-year term, one member shall be appointed to serve for a two-year term, and one
member shall be appointed to serve for a three-year term, as designated by the Mayor.
“(b) Any person appointed to fill a vacancy on the Board shall be appointed only for the
unexpired term of the member whose vacancy he or she is filling.
“(c) A member may be reappointed, and, if not reappointed, the member shall serve until
his successor has been appointed and qualifies.
“(d) The Mayor shall, from time to time, designate the Chairman of the Board.”[.]
ZONING COMMISSION
SEC. 492 (a). [Amendment to D.C. Code 5-412] (a) The first sentence of the Act of
March 1, 1920 (D.C. Code, sec. 5-412), is amended to read as follows: “That (a) to protect the
public health, secure the public safety, and to protect property in the District of Columbia there is
created a Zoning Commission for the District of Columbia, which shall consist of the Architect of
the Capitol, the Director of the National Park Service, and three members appointed by the
Mayor, by and with the advice and consent of the Council. Each member appointed by the Mayor
shall serve for a term of 4 years, except of the members first appointed under this section—
“1) One member shall serve for a term of two years, as determined by the Mayor;
“(2) One member shall serve for a term of three years, as determined by the
Mayor; and
“(3) One member shall serve for a term of four years, as determined by the Mayor.
‘(b) Members of the Zoning Commission appointed by the Mayor shall be entitled to
receive compensation as determined by the Mayor, with the approval of a majority of the Council.
The remaining members shall serve without additional compensation.
“(c) Members of the Zoning Commission appointed by the Mayor may be reappointed.
Each member shall serve until his successor has been appointed and qualifies.
“(d) The Chairman of the Zoning Commission shall be selected by the members.
“(e) The Zoning Commission shall exercise all the powers and perform all the duties with
respect to zoning in the District as provided by law.”[.]
(b) The Act if June 20, 1938 (D.C. Code, sec. 5-413, et seq.), is amended as follows:
(1) [Amendment to D.C. Code 5-414] The first sentence of section 2 of such
Act (D.C. Code, sec. 5-414) is amended by striking out “Such regulations shall be made in
accordance with a comprehensive plan and” and inserting in lieu thereof “Zoning maps and
regulations, and amendments thereto, shall not be inconsistent with the comprehensive plan for
the national capital, and zoning regulations shall be”.
(2) [Amendment to D.C. Code 5-417] Section 5 of such Act (D.C. Code, sec.
5-417) is amended to read as follows:
“SEC. 5. (a) No zoning regulation or map, or any amendment thereto, may be adopted
by the Zoning Commission until the Zoning Commission—
“(1) has held a public hearing, after notice, on such proposed regulation, map, or
amendment; and
“(2) after such public hearing, submitted such proposed regulation, map, or
amendment to the National Capital Planning Commission for comment and review.
If the National Capital Planning Commission fails to submit its comments regarding any such
regulation, map, or amendment within 30 days after submission of such regulation, map, or
amendment to it, then the Zoning Commission may proceed to act upon the proposed regulation,
map, or amendment without further comment from the National Capital Planning Commission.
“(b) The notice required by clause (1) of subsection (a) [of this section] shall be published
at least thirty days prior to such public hearing and shall include a statement as to the time and
place of the hearing and a summary of all changes in existing zoning regulations which would be
made by adoption of the proposed regulation, map, or amendment. The Zoning Commission shall
give such additional notice as it deems expedient and practicable. All interested persons shall be
given a reasonable opportunity to be heard at such public hearing. If the hearing is adjourned from
time to time, the time and place of reconvening shall be publicly announced prior to adjournment.
“(c) The Zoning Commission shall deposit with the National Capital Planning
Commission all zoning regulations, maps, or amendments thereto, adopted by it.”[.]
PUBLIC SERVICE COMMISSION
SEC. 493. (a) [D.C. Code 43-402] There shall be a Public Service Commission whose
function shall be to insure that every public utility doing business within the District of Columbia
is required to furnish service and facilities reasonably safe and adequate and in all respects just and
reasonable. The charge made by any such public utility for any facility or services furnished, or
rendered, or to be furnished or rendered, shall be reasonable, just, and nondiscriminatory. Every
unjust or unreasonable or discriminating charge for such facility or service is prohibited and is
hereby declared unlawful.
(b) [Amendment to D.C. Code 43-401]. The first sentence of paragraph 97(a) of
section 8 of the Act of March 4, 1913 (making appropriations for the government of the District
of Columbia) (D.C. Code, sec. 43-[43-401]), is amended to read as follows: “The Public
Service Commission of the District of Columbia shall be composed of three Commissioners
appointed by the Mayor of the District of Columbia by and with the advice and consent of the
Council of the District of Columbia. The members appointed by the Mayor shall each serve for a
term of four years beginning on the date such member qualifies.”.
ARMORY BOARD
SEC. 494. [Amendment to D.C. Code 2-302] the first sentence of section 2 of the Act
of June 4, 1948 (D.C. Code, sec. 2-1702 [2-302]), is amended to read as follows: “There is
established an Armory Board, to be composed of the Commanding General of the District of
Columbia National Guard, and two other members appointed by the Mayor of the District of
Columbia by and with the advice and consent of the Council of the District of Columbia. The
members appointed by the Mayor shall each serve for a term of four years beginning on the date
such member qualifies.”.
BOARD OF EDUCATION
SEC. 495. [D.C. Code 31-101] The control of the public schools in the District of
Columbia is vested in a Board of Education to consist of eleven elected members, three of whom
are to be elected at large, and one to be elected from each of the eight school election wards
established under the District of Columbia Election Act [An Act To regulate the election of
delegates representing the District of Columbia to national political conventions, and for other
purposes, approved August 12, 1955 (69 Stat. 699; D.C. Code 1-1301 et seq.]. The election
of the members of the Board of Education shall be conducted on a nonpartisan basis and in
accordance with such Act [chapter].
INITIATIVES, REFERENDUMS, AND RECALLS
SEC. ___.
Amendment No. 1 – INITIATIVE AND REFERENDUM
Sec. 1. [D.C. Code 1-281] Definitions
(a) The term “initiative” means the process by which the electors of the District of
Columbia may propose laws (except laws appropriating funds) and present such proposed laws
directly to the registered qualified electors of the District of Columbia for their approval or
disapproval.
(b) The term “referendum” means the process by which the registered qualified electors of
the District of Columbia may suspend acts of the Council of the District of Columbia (except
emergency acts, acts levying taxes, or acts appropriating funds for the general operation budget)
until such acts have been presented to the registered qualified electors of the District of Columbia
for their approval or rejection.
Sec. 2. [D.C. Code 1-282] Process
(a) An initiative or referendum may be proposed by the presentation of a petition to the
District of Columbia Board of Elections and Ethics containing the signatures of registered
qualified electors equal in number to five (5) percent of the registered electors in the District of
Columbia: PROVIDED, That the total signatures submitted include five (5) percent of the
registered electors in each of five (5) or more of the City’s Wards. The number of registered
electors which is used for computing these requirements shall be according to the latest official
count of registered electors by the Board of Elections and Ethics which was issued thirty (30) or
more days prior to submission of the signatures for the particular initiative or referendum petition.
(b) (1) Upon the presentation of a petition for a referendum to the District of Columbia
Board of Elections and Ethics as provided in this section, the District of Columbia Board of
Elections and Ethics shall notify the appropriate custodian of the act of the Council of the District
of Columbia (either the President of the United States or the President of the Senate and the
Speaker of the House of Representatives) as provided in sections 404 and 446 of the Home Rule
Act [D.C. Code 1-227 and 47-304] and the President of the United States or the President of
the Senate and the Speaker of the House of Representatives, shall, as is appropriate, return such
act or portion of such act to the Chairman of the Council of the District of Columbia. No further
action may be taken upon such act or portion of such act until after a referendum election is held.
(2) No act is subject to referendum if it has become law according to the
provisions of section 404 of the Home Rule Act [D.C. Code 1-227].
Sec. 3. [D.C. Code 1-283] [Submission of measure at election] The District of Columbia
Board of Elections and Ethics shall submit an initiative measure without alteration at the next
general, special, or primary election held at least ninety (90) days after the measure is received.
The District of Columbia Board of Elections and Ethics shall hold an election on a referendum
measure within one hundred and fourteen (114) days of its receipt of a petition as provided in
section 2 of this act [D.C. Code 1-282]. If a previously scheduled general, primary, or special
election will occur between fifty-four (54) and one hundred and fourteen (114) days of its receipt
of a petition as provided in section 2 of this act [D.C. Code 1-282], the District of Columbia
Board of Elections and Ethics may present the referendum at that election.
Sec. 4. [D.C. Code 1-284] [Rejection of measure] If a majority of the registered
qualified electors voting on a referred act vote to disapprove the act, such action shall be deemed
a rejection of the act or that portion of the act on the referendum ballot and no action may be
taken by the Council of the District of Columbia with regard to the matter presented at
referendum for the three hundred sixty-five (365) days following the date of the District of
Columbia Board of Elections and Ethics’ certification of the vote concerning the referendum.
Sec. 5. [D.C. Code 1-285] [Approval of measure] If a majority of the registered
qualified electors voting in a referendum approve an act or adopt legislation by initiative, then the
adopted initiative or the act approved by referendum shall be an act of the Council upon the
certification of the vote on such initiative or act by the District of Columbia Board of Elections
and Ethics, and such act shall become law subject to the provisions of section 602 [D.C. Code
1-233(c)].
Sec. 6. [D.C. Code 1-286] [Short title and summary] The District of Columbia Board of
Elections and Ethics shall be empowered to propose a short title and summary of the initiative and
referendum matter which accurately reflects the intent and meaning of the proposed referendum
or initiative. Any citizen may petition the Superior Court of the District of Columbia no later than
thirty (30) days prior to the election at which the initiative or referendum will be held for a writ in
the nature of mandamus to correct any inaccurate short title and summary by the District of
Columbia Board of Elections and Ethics and to mandate that Board to properly state the summary
of the initiative or referendum measure.
Sec. 7. [D.C. Code 1-287] [Adoption of acts to carry out subchapter] The Council of
the District of Columbia shall adopt such acts as are necessary to carry out the purpose of this
subchapter within one hundred eighty (180) days of the effective date of this Amendment
[October 27, 1978]. Neither a petition initiating an initiative nor a referendum may be presented
to the District of Columbia Board of Elections and Ethics prior to October 1, 1978.
Charter Amendment No. 2 – RECALL OF ELECTED PUBLIC OFFICIALS
Sec. 1. [D.C. Code 1-291] [Recall defined] The term “recall” means the process by
which the qualified electors of the District of Columbia may call for the holding of an election to
remove or retain an elected official of the District of Columbia (except the Delegate to Congress
for the District of Columbia) prior to the expiration of his or her term.
Sec. 2. [D.C. Code 1-292] [Process] Any elected officer of the District of Columbia
government (except the Delegate to Congress for the District of Columbia) may be recalled by the
registered electors of the election ward from which he or she was elected or by the registered
electors of the District of Columbia at large in the case of an at-large elected officer, whenever a
petition demanding his or her recall, signed by ten (10) percent of the registered electors thereof,
is filed with the District of Columbia Board of Elections and Ethics. The ten (10) percent shall be
computed from the total number of the registered electors from the ward, according to the latest
official count of registered electors by the Board of Elections and Ethics which was issued thirty
(30) or more days prior to submission of the signatures for the particular recall petition. In the
case of an at-large elected official, the ten (10) percent shall include ten (10) percent of the
registered electors in each of five (5) or more of the City’s wards. The District of Columbia Board
of Elections and Ethics shall hold an election within one hundred fourteen (114) days of its receipt
of a petition as provided in section 2 of this act [ D.C. Code 1-282]. If a previously scheduled
general, primary, or special election will occur between fifty-four (54) and one hundred fourteen
(114) days of its receipt of a petition as provided in section 2 of this act [D.C. Code 1-282],
then the District of Columbia Board of Elections and Ethics may present the recall question at that
election.
Sec. 3. [D.C. Code 1-293] [Time limits on initiation of process] The process of
recalling an elected official may not be initiated within the first three hundred sixty-five (365) days
nor the last three hundred sixty-five (365) days of his or her term of office. Nor may the process
be initiated within one year after a recall election has been determined in his or her favor.
Sec. 4. [D.C. Code 1-294] [When official removed; filling of vacancies] An elected
official is removed from office if a majority of the qualified electors voting in the election vote to
remove him or her. The vacancy created by such recall shall be filled in the same manner as other
vacancies as provided in sections 401(d) and 421(c)(2) of the Home Rule Act and section 10(a) of
the District of Columbia Elections Act [D.C. Code 1-221(d), 1-241(c)(2), and 1-1314(a)].
Sec. 5. [D.C. Code 1-295] [Adoption of acts to carry out subchapter] The Council of
the District of Columbia shall adopt such acts as are necessary to carry out the purpose of this
subchapter within one hundred eighty (180) days of the effective date of this amendment [October
27, 1978]. No petition for recall may be presented to the District of Columbia Board of Elections
and Ethics prior to October 1, 1978.
TITLE V – FEDERAL PAYMENT [Repealed]DUTIES OF THE MAYOR, COUNCIL, AND FEDERAL OFFICE OFMANAGEMENT AND BUDGET
SEC. 501. [Repealed by section 11601(a) of the National Capital Revitalization and Self-Government Improvement Act of 1997, approved August 5, 1997 (P.L. 105-7; 111 Stat. 14)].
SEC. 502. [Repealed by section 11601(a) of the National Capital Revitalization and Self-Government Improvement Act of 1997, approved August 5, 1997 (P.L. 105-7; 111 Stat. 14)].
TITLE VI – RESERVATION OF CONGRESSIONAL AUTHORITYRETENTION OF CONSTITUTIONAL AUTHORITY
SEC. 601. [D.C. Code 1-206] Notwithstanding any other provision of this Act, the
Congress of the United States reserves the right, at any time, to exercise its constitutional
authority as legislature for the District, by enacting legislation for the District on any subject,
whether within or without the scope of legislative power granted to the Council by this Act,
including legislation to amend or repeal any law in force in the District prior to or after enactment
of this Act and any act passed by the Council.
LIMITATIONS ON THE COUNCIL
SEC. 602. [D.C. Code 1-233] (a) The Council shall have no authority to pass any act
contrary to the provisions of this Act except as specifically provided in this Act, or to—
(1) impose any tax on property of the United States or any of the several states;
(2) lend the public credit for support of any private undertaking;
(3) enact any act, or enact any act to amend or repeal any Act of Congress, which
concerns the functions or property of the United States or which is not restricted in its application
exclusively in or to the District;
(4) enact any act, resolution, or rule with respect to any provision of title 11 of the
District of Columbia Code (relating to organization and jurisdiction of the District of Columbia
courts);
(5) impose any tax on the whole or any portion of the personal income, either
directly or at the source thereof, of any individual not a resident of the District (the terms
“individual” and “resident” to be understood for the purposes of this paragraph as they are defined
in section 4 of title I of the District of Columbia Income and Franchise Tax Act of 1947[,
approved July 16, 1947 (61 Stat. 332; D.C. Code 47-1801.4)]);
(6) enact any act, resolution, or rule which permits the building of any structure
within the District of Columbia in excess of the height limitations contained in section 5 of the Act
of June 1, 1910 [An Act To regulate the height of buildings in the District of Columbia (36 Stat.
453)] (D.C. Code, sec. 5-405), and in effect on the date of enactment of this Act [December 24,
1973];
(7) enact any act, resolution, or regulation with respect to the Commission on
Mental Health;
(8) enact any act or regulation relating to the United States District Court for the
District of Columbia or any other court of the United States in the District other than the District
courts, or relating to the duties or powers of the United States Attorney or the United States
Marshal for the District of Columbia;
(9) enact any act, resolution, or rule with respect to any provision of title 23 of the
District of Columbia Code (relating to criminal procedure), or with respect to any provision of
any law codified in title 22 or 24 of the District of Columbia Code (relating to crimes and
treatment of prisoners), or with respect to any criminal offense pertaining to articles subject to
regulation under chapter 32 of title 22 during the forty-eight full calendar months immediately
following the day on which the members of the Council first elected pursuant to this Act take
office; or
(10) enact any act, resolution, or rule with respect to the District of Columbia
Financial Responsibility and Management Assistance Authority established under section 101(a)
of the District of Columbia Financial Responsibility and Management Assistance Act of 1995 [,
approved April 17, 1995 ( 109 Stat. 100; D.C. Code 47-391.1(a))].
(b) Nothing in this Act shall be construed as vesting in the District government any
greater authority over the National Zoological Park, the National Guard of the District of
Columbia, the Washington Aqueduct, the National Capital Planning Commission, or, except as
otherwise specifically provided in this Act, over any federal agency, than was vested in the
Commissioner [Mayor] prior to the effective date of title IV [District Charter] of this Act
[January 2, 1975].
(c) (1) Except acts of the Council which are submitted to the President in accordance
with the Budget and Accounting Act, 1921 [Chapter 11 of Title 31, United States Code], any act
which the Council determines, according to section 412(a) [D.C. Code 1-229(a)], should take
effect immediately because of emergency circumstances, and acts proposing amendments to title
IV of this Act [District Charter] and except as provided in section 462(c) and section 472(d)(1)
[D.C. Code 47-322(c) and 47-328(d)(1)], the Chairman of the Council shall transmit to the
Speaker of the House of Representatives, and the President of the Senate, a copy of each act
passed by the Council and signed by the Mayor, or vetoed by the Mayor and repassed by
two-thirds of the Council present and voting, each act passed by the Council and allowed to
become effective by the Mayor without his signature, and each initiated act and act subject to
referendum which has been ratified by a majority of the registered qualified electors voting on the
initiative or referendum. Except as provided in paragraph (2) [of this subsection,] such act shall
take effect upon the expiration of the 30-calendar-day period (excluding Saturdays, Sundays, and
holidays, and any day on which neither House is in session because of an adjournment sine die, a
recess of more than three days, or an adjournment of more than three days) beginning on the day
such act is transmitted by the Chairman to the Speaker of the House of Representatives and the
President of the Senate, or upon the date prescribed by such act, whichever is later, unless during
such 30-day period, there has been enacted into law a joint resolution disapproving such act. In
any case in which any such joint resolution disapproving such an act has, within such 30-day
period, passed both Houses of Congress and has been transmitted to the President, such
resolution, upon becoming law, subsequent to the expiration of such 30-day period, shall be
deemed to have repealed such act, as of the date such resolution becomes law. The provisions of
section 604 [D.C. Code 1-207], except subsections (d), (e), and (f) of such section, shall apply
with respect to any joint resolution disapproving any act pursuant to this paragraph.
(2) In the case of any such act transmitted by the Chairman with respect to any act
codified in title 22, 23, or 24 of the District of Columbia Code, such act shall take effect at the
end of the 60-day period beginning on the day such act is transmitted by the Chairman to the
Speaker of the House of Representatives and the President of the Senate unless, during such
60-day period, there has been enacted into law a joint resolution disapproving such act. In any
case in which any such joint resolution disapproving such an act has, within such 60-day period,
passed both Houses of Congress and has been transmitted to the President, such resolution, upon
becoming law subsequent to the expiration of such 60-day period shall be deemed to have
repealed such act, as of the date such resolution becomes law. The provisions of section 604
[D.C. Code 1-207], relating to an expedited procedure for consideration of joint resolutions,
shall apply to a joint resolution disapproving such act as specified in this paragraph.
(3) The Council shall submit with each Act transmitted under this subsection an
estimate of the costs which will be incurred by the District of Columbia as a result of the
enactment of the Act in each of the first 4 fiscal years for which the Act is in effect, together with
a statement of the basis for such estimate.
BUDGET PROCESS; LIMITATIONS ON BORROWING AND SPENDING
SEC. 603. [D.C. Code 47-313] (a) Nothing in this act shall be construed as making
any change in existing law, regulation, or basic procedure and practice relating to the respective
roles of the Congress, the President, the federal Office of Management and Budget, and the
Comptroller General of the United States in the preparation, review, submission, examination,
authorization, and appropriation of the total budget of the District of Columbia government.
(b)(1) No general obligation bonds (other than bonds to refund outstanding indebtedness)
or Treasury capital project loans shall be issued during any fiscal year in an amount which would
cause the amount of principal and interest required to be paid both serially and into a sinking fund
in any fiscal year on the aggregate amounts of all outstanding general obligation bonds and such
Treasury loans, to exceed 17 percent of the District revenues (less any fees or revenues directed
to servicing revenue bonds, any revenues, charges, or fees dedicated for the purposes of water
and sewer facilities described in section 490(a) [D.C. Code 47-334] (including fees or revenues
directed to servicing or securing revenue bonds issued for such purposes), retirement
contributions, revenues from retirement systems, and revenues derived from such Treasury loans
and the sale of general obligation or revenue bonds) which the Mayor estimates, and the District
of Columbia Auditor certifies, will be credited to the District during the fiscal year in which the
bonds will be issued. Treasury capital project loans include all borrowings from the United States
Treasury, except those funds advanced to the District by the Secretary of the Treasury under the
provisions of title VI of the District of Columbia Revenue Act of 1939[, approved July 26, 1939
(P.L. 76-225; 53 Stat. 1118)].
(2) Obligations incurred pursuant to the authority contained in the District of
Columbia Stadium Act of 1957[, approved September 7, 1957] (71 Stat. 619; D.C. Code, title 2,
chapter 17, subchapter II) [D.C. Code 2-321 through 2-330], obligations incurred by the
agencies transferred or established by sections 201 [Amendment to the District of Columbia
Redevelopment Act of 1945] and 202 [D.C. Code 5-102], whether incurred before or after
such transfer or establishment, and obligations incurred pursuant to general obligation bonds of
the District of Columbia issued prior to October 1, 1996, for the financing of Department of
Public Works, Water and Sewer Utility Administration capital projects, shall not be included in
determining the aggregate amount of all outstanding obligations subject to the limitation specified
in the preceding paragraph.
(3) The 17 percent limitation specified in paragraph (1) [of this subsection] shall be
calculated in the following manner:
(A) Determine the dollar amount equivalent to 17 percent of the District
revenues (less any fees or revenues directed to servicing revenue bonds, any revenues, charges, or
fees dedicated for the purposes of water and sewer facilities described in section 490(a) [D.C.
Code 47-334(a)] (including fees or revenues directed to servicing or securing revenue bonds
issued for such purposes), retirement contributions, revenues from retirement systems, and
revenues derived from such Treasury loans and the sale of general obligation or revenue bonds)
which the Mayor estimates, and the District of Columbia Auditor certifies, will be credited to the
District during the fiscal year for which the bonds will be issued;
(B) Determine the actual total amount of principal and interest to be paid in
each fiscal year for all outstanding general obligation bonds (less the allocable portion of principal
and interest to be paid during the year on general obligation bonds of the District of Columbia
issued prior to October 1, 1996, for the financing of Department of Public Works, Water and
Sewer Utility Administration capital projects) and such Treasury loans;
(C) Determine the amount of principal and interest to be paid during each
fiscal year over the term of the proposed general obligation bond or such Treasury loan to be
issued; and
(D) If in any one fiscal year the sum arrived at by adding subparagraphs (B)
and (C) [of this paragraph] exceeds the amount determined under subparagraph (A) [of this
paragraph], then the proposed general obligation bond or such Treasury loan in subparagraph (C)
[of this paragraph] cannot be issued.
(c) Except as provided in subsection (f) [of this section], the Council shall not approve
any budget which would result in expenditures being made by the District government, during any
fiscal year, in excess of all resources which the Mayor estimates will be available from all funds
available to the District for such fiscal year. The budget shall identify any tax increases which shall
be required in order to balance the budget as submitted. The Council shall be required to adopt
such tax increases to the extent its budget is approved.
(d) Except as provided in subsection (f) [of this section], the Mayor shall not forward to
the President for submission to Congress a budget which is not balanced according to the
provision of subsection 603(c) [subsection (c) of this section].
(e) Nothing in this Act shall be construed as affecting the applicability to the District
government of the provisions of section 3679 of the Revised Statutes of the United States (31
U.S.C. 1341), the so-called Anti-Deficiency Act [D.C. Code 1341, 1342, and 1349 to 1351
and subchapter II of Chapter 15 of Title 31, United States Code].
(f) In the case of a fiscal year which is a control year (as defined in section 305(4) of the
District of Columbia Financial Responsibility and Management Assistance Act of 1995[, approved
April 17, 1995 (109 Stat. 152; D.C. Code 47-393(4)]), the Council may not approve, and the
Mayor may not forward to the President, any budget which is not consistent with the financial
plan and budget established for the fiscal year under subtitle A of title II of such Act [subpart B of
subchapter VII of Chapter 3 of Title 47 of the D.C. Code].
CONGRESSIONAL ACTION ON CERTAIN DISTRICT MATTERS
SEC. 604. [D.C. Code 1-207] (a) This section is enacted by Congress—
(1) as an exercise of the rulemaking power of the Senate and the House of
Representatives, respectively, and as such these provisions are deemed a part of the rule of each
House, respectively, but applicable only with respect to the procedure to be followed in that
House in the case of resolutions described by this section; and they supersede other rules only to
the extent that they are inconsistent therewith; and
(2) with full recognition of the constitutional right of either House to change the
rule (so far as relating to the procedure of that House) at any time, in the same manner and to the
same extent as in the case of any other rule of that House.
(b) For the purpose of this section, “resolution” means only a joint resolution, the matter
after the resolving clause of which is as follows: “That the . . . . . . . . . . approves/disapproves of
the action of the District of Columbia Council described as follows: . . . . . . . . . .”, the blank
spaces therein being appropriately filled, and either approval or disapproval being appropriately
indicated; but does not include a resolution which specifies more than 1 action.
(c) A resolution with respect to Council action shall be referred to the Committee on the
District of Columbia of the House of Representatives, or the Committee on the District of
Columbia of the Senate, by the President of the Senate or the Speaker of the House of
Representatives, as the case may be.
(d) If the Committee to which a resolution has been referred has not reported it at the end
of 20 calendar days after its introduction, it is in order to move to discharge the Committee from
further consideration of any other resolution with respect to the same Council action which has
been referred to the Committee.
(e) A motion to discharge may be made only by an individual favoring the resolution, is
highly privileged (except that it may not be made after the Committee has reported a resolution
with respect to the same action), and debate thereon shall be limited to not more than 1 hour, to
be divided equally between those favoring and those opposing the resolution. An amendment to
the motion is not in order, and it is not in order to move to reconsider the vote by which the
motion is agreed to or disagreed to.
(f) If the motion to discharge is agreed to or disagreed to, the motion may not be
renewed, nor may another motion to discharge the Committee be made with respect to any other
resolution with respect to the same action.
(g) When the Committee has reported, or has been discharged from further consideration
of, a resolution, it is at any time thereafter in order (even though a previous motion to the same
effect has been disagreed to) to move to proceed to the consideration of the resolution. The
motion is highly privileged and is not debatable. An amendment to the motion is not in order, and
it is not in order to move to reconsider the vote by which the motion is agreed to or disagreed to.
(h) Debate on the resolution shall be limited to not more than 10 hours, which shall be
divided equally between those favoring and those opposing the resolution. A motion further to
limit debate is not debatable. An amendment to, or motion to recommit, the resolution is not in
order, and it is not in order to move to reconsider the vote by which the resolution is agreed to or
disagreed to.
(i) Motions to postpone made with respect to the discharge from Committee or the
consideration of a resolution, and motions to proceed to the consideration of other business, shall
be decided without debate.
(j) Appeals from the decisions of the chair relating to the application of the rules of the
Senate or the House of Representatives, as the case may be, to the procedure relating to a
resolution shall be decided without debate.
TITLE VII – REFERENDUM; SUCCESSION IN GOVERNMENT; TEMPORARY PROVISIONS; MISCELLANEOUS; AMENDMENTS TO DISTRICT OF COLUMBIA ELECTION ACT; RULES OF CONSTRUCTION; AND EFFECTIVE DATES PART A – CHARTER REFERENDUMREFERENDUM
SEC. 701. [Uncodified] On a date to be fixed by the Board of Elections, not more than
five months after the date of enactment of this Act, a referendum (in this part referred to as the
“charter referendum”) shall be conducted to determine whether the registered qualified electors of
the District accept the charter set forth in title IV of this Act [District Charter].
BOARD OF ELECTIONS AUTHORITY
SEC. 702. [Uncodified] (a) The Board of Elections shall conduct the charter referendum
and certify the results thereof as provided in this part.
(b) Notwithstanding the fact that such section does not otherwise take effect unless the
charter is accepted under this title, the applicable provision of part E of title VII of this Act
[Amending the District of Columbia Elections Act and enacting D.C. Code 1-1307] shall govern
the Board of Elections in the performance of its duties under this Act.
REFERENDUM BALLOT AND NOTICE OF VOTING
SEC. 703. [Uncodified] (a) The charter referendum ballot shall contain the following,
with a blank space appropriately filled:
“The District of Columbia Self-Government and Governmental Reorganization Act,
enacted __________, proposes to establish a charter for the governance of the District of
Columbia, but provides that the charter shall take effect only if it is accepted by a majority of the
registered qualified voters of the District voting on this issue.
“Indicate in one of the squares provided below whether you are for or against the charter.
” For the charter
” Against the charter.
“In addition, the Act referred to above authorizes the establishment of advisory
neighborhood councils if a majority of the registered qualified voters of the District voting on this
issue in this referendum vote for the establishment of such councils.
“Indicate in one of the squares provided below whether you are for or against the
establishment of Advisory Neighborhood Councils.
” For Advisory Neighborhood Councils
” Against Advisory Neighborhood Councils.”
(b) Voting may be by paper ballot or by voting machine. The Board of Elections may
make such changes in the second and fourth paragraphs of the charter referendum ballot as it
determines to be necessary to permit the use of voting machines if such machines are used.
(c) Not less than five days before the date of the charter referendum, the Board of
Elections shall mail to each registered qualified elector (1) a sample of the charter referendum
ballot, and (2) information showing the polling place of such elector and the date and hours of
voting.
(d) Not less than one day before the charter referendum, the Board of Elections shall
publish, in one or more newspapers of general circulation published in the District, a list of the
polling places and the date and hours of voting.
ACCEPTANCE OR NONACCEPTANCE OF CHARTER
SEC. 704. [Uncodified] (a) If a majority of the registered qualified electors voting in the
charter referendum vote for the charter, the charter shall be considered accepted as of the time the
Board of Elections certifies the result of the charter referendum to the President of the United
States, as provided in subsection (b) [of this section].
(b) The Board of Elections shall, within a reasonable time, but in no event more than
thirty days after the date of the charter referendum, certify the result of the charter referendum to
the President of the United States and to the Secretary of the Senate and the Clerk of the House
of Representatives.
Part B – SUCCESSION IN GOVERNMENTABOLISHMENT OF EXISTING GOVERNMENT AND TRANSFER OFFUNCTIONS
SEC. 711. [D.C. Code 1-211] The District of Columbia Council, the Offices of
Chairman of the District of Columbia Council, Vice Chairman of the District of Columbia
Council, and the seven other members of the District of Columbia Council, and the Offices of the
Commissioner of the District of Columbia and Assistant to the Commissioner of the District of
Columbia, as established by Reorganization Plan Numbered 3 of 1967, are abolished as of noon
January 2, 1975. This subsection [section] shall not be construed to reinstate any governmental
body or office in the District abolished in said plan or otherwise heretofore.
CERTAIN DELEGATED FUNCTIONS AND FUNCTIONS OF CERTAINAGENCIES.
SEC. 712. [D.C. Code 1-212] No function of the District of Columbia Council
(established under Reorganization Plan Numbered 3 of 1967) or of the Commissioner of the
District of Columbia which such District of Columbia Council or Commissioner has delegated to
an officer, employee, or agency (including any body of or under such agency) of the District, nor
any function now vested pursuant to section 501 of Reorganization Plan Number 3 of 1967 in
the District Public Service Commission, Zoning Advisory Council, Board of Zoning Adjustment,
Office of the Recorder of Deeds, or Armory Board, or in any officer, employee, or body of or
under such agency, shall be considered as a function transferred to the Council pursuant to section
404(a) of this Act [D.C. Code 1-227(a)]. Each such function is hereby transferred to the officer,
employee, or agency (including any body of or under such agency), to whom or to which it was
delegated, or in whom or in which it has remained vested, until the Mayor or Council established
under this Act, or both, pursuant to the powers herein granted, shall revoke, modify, or transfer
such delegation or vesting.
TRANSFER OF PERSONNEL, PROPERTY, AND FUNDS
SEC. 713. [D.C. Code 1-212.1] (a) In each case of the transfer, by any provision of this
Act, of functions to the Council, to the Mayor, or to any agency or officer, there are hereby
authorized to be transferred (as of the time of such transfer of functions) to the Council, to the
Mayor, to such agency, or to the agency of which such officer is the head, for use in the
administration of the functions of the Council or such agency or officer, the personnel (except the
Commissioner of the District of Columbia, the Assistant to the Commissioner, the Chairman of
the District of Columbia Council, the Vice Chairman of the District of Columbia Council, the
other members thereof, all of whose officers are abolished by this Act), property, records, and
unexpended balances of appropriations and other funds which relate primarily to the functions so
transferred.
(b) If any question arises in connection with the carrying out of subsection (a) [of this
section], such questions shall be decided –
(1) in the case of functions transferred from a Federal officer or agency, by the
Director of the Office of Management and Budget; and
(2) in the case of other functions (A) by the Council, or in such manner as the
Council shall provide, if such functions are transferred to the Council, and (B) by the Mayor if
such functions are transferred to him or to any other officer or agency.
(c) Any of the personnel authorized to be transferred to the Council, the Mayor, or any
agency by this section which the Council or the head of such agency shall find to be in excess of
the personnel necessary for the administration of its or his function shall, in accordance with law,
be retransferred to other positions in the District or Federal Government or be separated from the
service.
(d) No officer or employee shall, by reason of his transfer to the District government
under this Act or his separation from service under this Act, be deprived of any civil service
rights, benefits, and privileges held by him prior to such transfer or any right of appeal or review
he may have by reason of his separation from service.
EXISTING STATUTES, REGULATIONS, AND OTHER ACTIONS.
SEC. 714. [D.C. Code 1-213] (a) Any statute, regulation, or other action in respect of
(and any regulation or other action issued, made, taken, or granted by) any officer or agency from
which any function is transferred by this Act shall, except to the extent modified or made
inapplicable by or under authority of law, continue in effect as if such transfer had not been made;
but after such transfer, references in such statute, regulation, or other action to an officer or
agency from which a transfer is made by this Act shall be held and considered to refer to the
officer or agency to which the transfer is made.
(b) As used in subsection (a) [of this section], the term “other action” includes, without
limitation, any rule, order, contract, compact, policy, determination, directive, grant,
authorization, permit, requirement, or designation.
(c) Unless otherwise specifically provided in this Act, nothing contained in this Act shall
be construed as affecting the applicability to the District government of personnel legislation
relating to the District government until such time as the Council may otherwise elect to provide
equal or equivalent coverage.
PENDING ACTIONS AND PROCEEDINGS
SEC. 715. [Uncodified] (a) No suit, action, or other judicial proceeding lawfully
commenced by or against any officer or agency in his or its official capacity or in relation to the
exercise of his or its official functions, shall abate by reason of the taking effect of any provision
of this Act; but the court, unless it determines that the survival of such suit, action, or other
proceedings is not necessary for purposes of settlement of the questions involved, shall allow the
same to be maintained, with such substitutions as to parties as are appropriate.
(b) No administrative action or proceeding lawfully commenced shall abate solely by
reason of the taking effect of any provision of this Act, but such action or proceeding shall be
continued with such substitutions as to parties and officers or agencies as are appropriate.
VACANCIES RESULTING FROM ABOLISHMENT OF OFFICES OFCOMMISSIONER AND ASSISTANT TO THE COMMISSIONER
SEC. 716. [Uncodified] Until the 1st day of July next after the first Mayor takes office
under this Act no vacancy occurring in any District agency by reason of section 711 [D.C. Code
1-211], abolishing the offices of Commissioner of the District of Columbia and Assistant to the
Commissioner, shall affect the power of the remaining members of such agency to exercise its
functions; but such agency may take action only if a majority of the members holding office vote
in favor of it.
STATUS OF THE DISTRICT
SEC. 717. (a) [Partially codified at D.C. Code 1-101(b)] All of the territory
constituting the permanent seat of the Government of the United States shall continue to be
designated as the District of Columbia. The District of Columbia shall remain and continue a
body corporate, as provided in section 2 of the Revised Statutes relating to the District (D.C.
Code, sec. 1-102). Said Corporation shall continue to be charged with all the duties, obligations,
responsibilities, and liabilities, and to be vested with all of the powers, rights, privileges,
immunities, and assets, respectively, imposed upon and vested in said Corporation or the
Commissioner.
(b) [Uncodified] No law or regulation which is in force on the effective date of title IV of
this Act [January 2, 1975] shall be deemed amended or repealed by this Act except to the extent
specifically provided herein or to the extent that such law or regulation is inconsistent with this
Act, but any such law or regulation may be amended or repealed by act or resolution as
authorized in this Act, or by Act of Congress, except that, notwithstanding the provisions of
section 752 of this Act [D.C. Code 1-1307], such authority to repeal shall not be construed as
authorizing the Council to repeal or otherwise alter, by amendment or otherwise, any provision of
subchapter III of chapter 73 of title 5, United States Code in whole or in part.
(c) [Uncodified] Nothing contained in this section shall affect the boundary line between
the District of Columbia and the Commonwealth of Virginia as the same was established or may
be subsequently established under the provisions of title I of the Act of October 31, 1945 [An Act
To establish a boundary line between the District of Columbia and the Commonwealth of
Virginia, and for other purposes (P.L. 79-208)] (59 Stat. 552).
CONTINUATION OF DISTRICT OF COLUMBIA COURT SYSTEM.
SEC. 718. [Appendix to Title 11, D.C. Code] (a) The District of Columbia Court of
Appeals, the Superior Court of the District of Columbia, and the District of Columbia
Commission on Judicial Disabilities and Tenure shall continue as provided under the District of
Columbia Court Reorganization Act of 1970 subject to the provisions of part C of title IV of this
Act [D.C. Code, Title 11, Appendix, 431 through 434] and section 602(a)(4) [D.C. Code
1-233(a)(4)].
(b) The term and qualifications of any judge of any District of Columbia court, and the
term and qualifications of any member of the District of Columbia Commission on Judicial
Disabilities and Tenure appointed prior to the effective date of title IV of this Act [January 2,
1975] shall not be affected by the provisions of part C of title IV of this Act [D.C. Code, Title 11,
Appendix, 431 through 434]. No provision of this Act shall be construed to extend the term of
any such judge or member of such Commission. Judges of the District of Columbia courts and
members of the District of Columbia Commission on Judicial Disabilities and Tenure appointed
after the effective date of title IV of this Act [January 2, 1975] shall be appointed according to
part C of such title IV [D.C. Code, Title 11, Appendix, 431 through 434].
(c) Nothing in this Act shall be construed to amend, repeal, or diminish the duties, rights,
privileges, or benefits accruing under sections 1561 through 1571 of title 11 of the District of
Columbia Code, and sections 703 and 904 of such title, dealing with the retirement and
compensation of the judges of the District of Columbia courts.
CONTINUATION OF THE BOARD OF EDUCATION
SEC. 719. [Uncodified] The term of any member elected to the District of Columbia
Board of Education, and the powers and duties of the Board of Education shall not be affected by
the provisions of section 495 [D.C. Code 31-101]. No provision of such section shall be
construed to extend the term of any such member or to terminate the term of any such member.
PART C – TEMPORARY PROVISIONSPOWERS OF THE PRESIDENT DURING TRANSITIONAL PERIOD
Sec. 721. [Uncodified] The President of the United States is hereby authorized and
requested to take such action during the period following the date of the enactment of this Act
and ending on the date of the first meeting of the Council, by Executive Order or otherwise, with
respect to the administration of the functions of the District government, as he deems necessary to
enable the Board of Elections properly to perform its function under this Act.
REIMBURSABLE APPROPRIATIONS FOR THE DISTRICT
Sec. 722. [Uncodified] (a) The Secretary of the Treasury is authorized to advance to the
District of Columbia the sum of $750,000, out of any money in the Treasury not otherwise
appropriated, for use (1) in the paying the expenses of the Board of Education (including
compensation of the members thereof), and (2) in otherwise carrying into effect the provisions of
this Act.
(b) The full amount expended out of the money advanced pursuant to this section shall be
reimbursed to the United States, without interest, during the second fiscal year which begins after
the effective date of title IV [January 2, 1975], from the general fund of the District.
INTERIM LOAN AUTHORITY
Sec. 723. (a) [Uncodified] The Mayor is authorized to accept loans for the District from
the Treasury of the United States, and the Secretary is authorized to lend to the Mayor, such sums
as the Mayor may determine are required to complete capital projects for which construction and
construction services funds have been authorized or appropriated, as the case may be, by
Congress prior to October 1, 1983, or the date of the enactment of the appropriation Act for the
fiscal year ending September 30, 1984, for the government of the District of Columbia, whichever
is later. In addition, such loans may include funds to pay the District’s share of the cost of the
adopted regional system specified in the National Capital Transportation Act of 1969.
(b) Loans advanced pursuant to this section during any six-month period shall be at a rate
of interest determined by the Secretary as of the beginning of such period, which, in his judgment,
would reflect the cost of money to the Treasury for borrowing at a maturity approximately equal
to the period of time the loan is outstanding.
(c) Subject to the limitations contained in section 603(b) [D.C. Code 47-313(b)], there
is authorized to be appropriated to make loans under this section the sum of $155,000,000 for the
fiscal year ending September 30, 1982, the sum of $155,000,000 for the fiscal year ending on
September 30, 1983, and the sum of $155,000,000 for the fiscal year ending on September 30,
1984.
(d) The authority contained in this section to make loans shall be effective for any fiscal
year only to such extent or in such amounts as are provided in appropriations Acts.
POLITICAL PARTICIPATION IN CERTAIN ELECTIONSFIRST HELD UNDER THIS ACT
Sec. 724. [Uncodified] (a) In order to provide continuity in the government of the
District of Columbia during the transition from the appointed government to the elected
government provided for under this Act, no person employed by the United States or by the
government of the District of Columbia shall be prohibited by reason of such employment—
(1) from being a candidate in the first primary election and general election held
under this Act for the office of Mayor or Chairman or member of the Council of the District of
Columbia provided for under title IV of this Act [District Charter], and
(2) if such a candidate, from taking an active part in political management or
political campaigns in any election referred to in paragraph (1) of this subsection.
(b) Such candidacy shall be deemed to have commenced on the day such person obtains
from the Board of Elections an official nominating petition with his name stamped thereon, and
shall terminate—
(1) in the case of such candidate who ceases to be eligible as a nominee for the
office with respect to which such petition was obtained by reason of his inability or failure to
qualify as a bona fide nominee prior to the expiration of the final date for filing such petition under
the election laws of the District of Columbia, on the day following such expiration date;
(2) in the case of such candidate who is elected to any such office with respect to
which such nominating petition was obtained, on the day such candidate takes office following the
election held with respect thereto;
(3) in the case of such candidate who is defeated in a primary election held to
nominate candidates for the office with respect to which such nominating petition was obtained,
on the expiration of the thirty-day period following the date of such primary election; and
(4) in the case of such candidate who fails to be elected in a general election to
any such office with respect to which such nominating petition was obtained, on the expiration of
the thirty-day period following the date of such election.
(c) The provisions of this section shall terminate as of January 2, 1975
PART D – MISCELLANEOUSAGREEMENTS WITH UNITED STATES
SEC. 731. [D.C. Code 1131.1] (a) To prevent duplication and to promote efficiency
and economy, an officer or employee of:
(1) The United States government may provide services to the District of
Columbia government; and
(2) The District of Columbia government may provide services to the United
States government.
(b) (1) Services under this section shall be provided under an agreement:
(A) Negotiated by officers and employees of the 2 governments; and
(B) Approved by the Director of the Office of Management and Budget
and the Mayor of the District of Columbia.
(2) Each agreement shall provide that the cost of providing the services shall be
borne in the way provided in subsection (c) of this section by the government to which the
services are provided at rates or charges based on the actual cost of providing the services.
(3) To carry out an agreement made under this subsection, the agreement may
provide for the delegation of duties and powers of officers and employees of:
(A) The District of Columbia government to officers and employees of the
United States government; and
(B) The United States government to officers and employees of the District
of Columbia government.
(c) In providing services under an agreement made under subsection (b) of this section:
(1) Costs incurred by the United States government may be paid from
appropriations available to the District of Columbia government officer or employee to whom the
services were provided; and
(2) Costs incurred by the District of Columbia government may be paid from
amounts available to the United States government officer or employee to whom the services
were provided.
(d) When requested by the Director of the United States Secret Service Division, the
Chief of the Metropolitan Police shall assist the Secret Service and the United States Secret
Service Uniformed Division on a non-reimbursable basis in carrying out their protective duties
under section 302 to title 3 and section 3056 of title 18 [of the U.S.C.].
PERSONAL INTEREST IN CONTRACTS OR TRANSACTIONS
SEC. 732. [D.C. Code 1-1133] Any officer or employee of the District who is
convicted of a violation of section 208 of title 18, United States Code, shall forfeit his office or
position.
COMPENSATION FROM MORE THAN ONE SOURCE
SEC. 733. [D.C. Code 1-1305] (a) Except as provided in this Act, no person shall be
ineligible to serve or to receive compensation as a member of the Board of Elections and Ethics
because he occupies another office or position or because he receives compensation (including
retirement compensation) from another source.
(b) The right to another office or position or to compensation from another source
otherwise secured to such a person under the laws of the United States shall not be abridged by
the fact of his service or receipt of compensation as a member of such Board, if such service does
not interfere with the discharge of his duties in such other office or position.
ASSISTANCE OF THE UNITED STATES CIVIL SERVICE COMMISSIONIN DEVELOPMENT OF DISTRICT MERIT SYSTEM
SEC. 734. [D.C. Code 1-515] The United States Civil Service Commission is hereby
authorized to advise and assist the Mayor and the Council in the further development of the merit
system or systems required by section 422(3) [D.C. Code 1-242(3)] and the said Commission is
authorized to enter into agreements with the District government to make available its registers of
eligibles as a recruiting source to fill District positions as needed. The costs of any specific
services furnished by the Civil Service Commission may be compensated for under the provisions
of section 731 of this Act [D.C. Code 1-1131.1].
REVENUE SHARING RESTRICTIONS
SEC. 735. [Amendment to section 141(c) of the State and Local Fiscal Assistance Act of
1972, approved October 20, 1972 (P.L. 92-512; 86 Stat. 919)].
INDEPENDENT AUDIT
SEC. 736. [D.C. Code 47-118.1] (a) In addition to the audit carried out under section
455 [D.C. Code 47-117], the Comptroller General each year shall audit the accounts and
operations of the District of Columbia government. An audit shall be carried out according to
principles, under regulations, and in a way the Comptroller General prescribes. When prescribing
the procedures to follow and the extent of the inspection of records, the Comptroller General shall
consider generally accepted principles of auditing, including the effectiveness of accounting
organizations and systems, internal audit and control, and related administrative practices.
(b) The Comptroller General shall submit each audit report to Congress and the Mayor
and Council of the District of Columbia. The report shall include the scope of an audit,
information the Comptroller General considers necessary to keep Congress, the Mayor, and the
Council informed of operations audited, and recommendations the Comptroller General considers
advisable.
(c) (1) By the 90th day after receiving an audit report from the Comptroller General, the
Mayor shall state in writing to the Council measures the District of Columbia government is
taking to comply with the recommendations of the Comptroller General. A copy of the statement
shall be sent to Congress.
(2) After the Council receives the statement of the Mayor, the Council may make
available for public inspection the report of the Comptroller General and other material the
Council considers pertinent.
(d) To carry out this section, records and property of or used by the District of Columbia
government necessary to make an audit easier shall be made available to the Comptroller General.
The Mayor shall provide facilities to carry out an audit.
ADJUSTMENTS
SEC. 737. (a) [D.C. Code 1-1132(a)] Subject to section 731 [D.C. Code 1-1131.1],
the Mayor, with the approval of the Council, and the Director of the Office of Management and
Budget, is authorized and empowered to enter into an agreement or agreements concerning the
manner and method by which amounts owed by the District to the United States, or by the United
States to the District, shall be ascertained and paid.
(b) [D.C. Code 1-1132(b)] The United States shall reimburse the District for necessary
expenses incurred by the District in connection with assemblages, marches, and other
demonstrations in the District which relate primarily to the federal government. The manner and
method of ascertaining and paying the amounts needed to so reimburse the District shall be
determined by agreement entered into in accordance with subsection (a) of this section.
(c) [D.C. Code 1-302] Each officer and employee of the District required to do so by
the Council shall provide a bond with such surety and in such amount as the Council may require.
The premiums for all such bonds shall be paid out of appropriations for the District.
ADVISORY NEIGHBORHOOD COMMISSIONS
SEC. 738. [D.C. Code 1-251] (a) The Council shall by act divide the District into
neighborhood commission areas and, upon receiving a petition signed by at least 5 per centum of
the registered qualified electors of a neighborhood commission area, shall establish for that
neighborhood an elected advisory neighborhood commission. In designating such neighborhoods,
the Council shall consider natural geographic boundaries, election districts, and divisions of the
District made for the purpose of administration of services.
(b) Elections for members of each advisory neighborhood commission shall be
nonpartisan, and shall be administered by the Board of Elections and Ethics. Advisory
neighborhood commission members shall be elected from single-member districts within each
neighborhood commission area by the registered qualified electors of such district.
(c) Each advisory neighborhood commission—
(1) may advise the District government on matters of public policy including
decisions regarding planning, streets, recreation, social services programs, health, safety, and
sanitation in that neighborhood commission area;
(2) may employ staff and expend, for public purposes within its neighborhood
commission area, public funds and other funds donated to it; and
(3) shall have such other powers and duties as may be provided by act of the
Council.
(d) In the manner provided by act of the Council, in addition to any other notice required
by law, timely notice shall be given to each advisory neighborhood commission of requested or
proposed zoning changes, variances, public improvements, licenses, or permits of significance to
neighborhood planning and development within its neighborhood commission area for its review,
comment, and recommendation.
(e) In order to pay the expenses of the advisory neighborhood commissions, enable them
to employ such staff as may be necessary, and to conduct programs for the welfare of the people
in a neighborhood commission area, the District government shall allot funds to the advisory
neighborhood commissions out of the general revenues of the District. The funding apportioned
to each advisory neighborhood commission shall bear the same ratio to the full sum allotted as the
population of the neighborhood bears to the population of the District. The Council may authorize
additional methods of financing advisory neighborhood commissions.
(f) The Council shall by act make provisions for the handling of funds and accounts by
each advisory neighborhood commission and shall establish guidelines with respect to the
employment of persons by each advisory neighborhood commission, which shall include fixing the
status of such employees with respect to the District government, but all such provisions and
guidelines shall be uniform for all advisory neighborhood commissions and shall provide that
decisions to employ and discharge employees shall be made by the advisory neighborhood
commission. These provisions shall conform to the extent practicable to the regular budgetary,
expenditure and auditing procedures and the personnel merit system of the District.
(g) The Council shall have authority, in accordance with the provisions of this Act, to
legislate with respect to the advisory neighborhood commissions established in this section.
(h) The foregoing provisions of this section shall take effect only if agreed to in
accordance with the provisions of section 703(a) of this Act [uncodified].
NATIONAL CAPITAL SERVICE AREA
SEC. 739. [D.C. Code 9-142] (a) There is established within the District of Columbia
the National Capital Service Area which shall include, subject to the following provisions of this
section, the principal federal monuments, the White House, the Capitol Building, the United
States Supreme Court Building, and the federal executive, legislative, and judicial office buildings
located adjacent to the Mall and the Capitol Building, and is more particularly described in
subsection (f) [of this section].
(b) There is established in the Executive Office of the President the National Capital
Service Director who shall be appointed by the President. The President, through the National
Capital Service Director, shall assure that there is provided, utilizing District of Columbia
governmental services to the extent practicable, within the area specified in subsection (a) [of this
section] and particularly described in subsection (f) [of this section], adequate fire protection and
sanitation services. Except with respect to that portion of the National Capital Service Area
comprising the United States Capitol Buildings and Grounds as defined in sections 1 and 16 of the
Act of July 31, 1946 [An Act To define the area of the United States Capitol Grounds, to regulate
the use thereof, and for other purposes (60 Stat. 718, 721)], as amended (D.C. Code, sec. 9-106
[and] 9-128), the United States Supreme Court Building and Grounds as defined in section 11 of
the Act of August 18, 1949 [An Act Relating to the policing of the building and grounds of the
Supreme Court of the United States (63 Stat. 617)], as amended (40 U.S.C. 13p), and the
Library of Congress Buildings and Grounds as defined in section 11 of the Act of August 4, 1950
[An Act Relating to the policing of the buildings and grounds of the Library of Congress (64 Stat.
411)], as amended (2 U.S.C. 167j), the National Capital Service Director shall assure that there
is provided within the remainder of such area specified in subsection (a) [of this section] and
subsection (f) [of this section], adequate police protection and maintenance of streets and
highways.
(c) The National Capital Service Director shall be entitled to receive compensation at the
maximum rate as may be established from time to time for level IV of the Executive Schedule of
section 5314 of title 5 of the United States Code. The Director may appoint, subject to the
provisions of title 5 of the United States Code governing appointments in the competitive service,
and fix the pay of, in accordance with the provisions of chapter 51 and subchapter III of chapter
53 of such title relating to classification and General Schedule pay rates, such personnel as may be
necessary.
(d) [Amendment to section 45 of An act to provide for the organization of the militia of
the District of Columbia, approved March 1, 1889 (25 Stat. 778; D.C. Code 39-603)].
(e)(1) Within one year after the effective date of this section [either December 24, 1973
or January 2, 1975], the President is authorized and directed to submit to the Congress a report
on the feasibility and advisability of combining the Executive Protective Service and the United
States Park Police within the National Capital Service Area, and placing them under the National
Capital Service Director.
(2) Such report shall include such recommendations, including recommendations for
legislative and executive action, as the President deems necessary in carrying out the provisions of
paragraph (1) of this subsection.
(f)(1)(A) The National Capital Service Area referred to in subsection (a) of this section is
more particularly described as follows:
Beginning at that point on the present Virginia-District of Columbia boundary due west of
the northernmost point of Theodore Roosevelt Island and running due east to the eastern shore of
the Potomac River;
thence generally south along the shore at the mean high water mark to the northwest
corner of the Kennedy Center;
thence east along the north side of the Kennedy Center to a point where it reaches the E
Street Expressway;
thence east on the expressway to E Street Northwest and thence east on E Street
Northwest to 18th Street Northwest;
thence south on 18th Street Northwest to Constitution Avenue Northwest; thence east on
Constitution Avenue to 17th Street Northwest;
thence north on 17th Street Northwest to Pennsylvania Avenue Northwest;
thence east on Pennsylvania Avenue to Jackson Place Northwest;
thence north on Jackson Place to H Street Northwest;
thence east on H Street Northwest to Madison Place Northwest;
thence south on Madison Place Northwest to Pennsylvania Avenue Northwest;
thence east on Pennsylvania Avenue Northwest to 15th Street Northwest;
thence south on 15th Street Northwest to Pennsylvania Avenue Northwest;
thence southeast on Pennsylvania Avenue Northwest to John Marshall Place Northwest; thence north on John Marshall Place Northwest to C Street Northwest;
thence east on C Street Northwest to 3rd Street Northwest;
thence north on 3rd Street Northwest to D Street Northwest;
thence east on D Street Northwest to 2nd Street Northwest;
thence south on 2nd Street Northwest to the intersection of Constitution Avenue
Northwest and Louisiana Avenue Northwest;
thence northeast on Louisiana Avenue Northwest to North Capitol Street;
thence north on North Capitol Street to Massachusetts Avenue Northwest;
thence southeast on Massachusetts Avenue Northwest so as to encompass Union Square; thence following Union Square to F Street Northeast;
thence east on F Street Northeast to 2nd Street Northeast;
thence south on 2nd Street Northeast to D Street Northeast;
thence west on D Street Northeast to 1st Street Northeast;
thence south on 1st Street Northeast to Maryland Avenue Northeast;
thence generally north and east on Maryland Avenue to 2nd Street Northeast;
thence south on 2nd Street Northeast to C Street Southeast;
thence west on C Street Southeast to New Jersey Avenue Southeast;
thence south on New Jersey Avenue Southeast to D Street Southeast;
thence west on D Street Southeast to Canal Street Parkway;
thence southeast on Canal Street Parkway to E Street Southeast;
thence west on E Street Southeast to the intersection of Canal Street Southwest and
South Capitol Street;
thence northwest on Canal Street Southwest to 2nd Street Southwest;
thence south on 2nd Street Southwest to Virginia Avenue Southwest;
thence generally west on Virginia Avenue to 3rd Street Southwest;
thence north on 3rd Street Southwest to C Street Southwest;
thence west on C Street Southwest to 6th Street Southwest;
thence north on 6th Street Southwest to Independence Avenue;
thence west on Independence Avenue to 12th Street Southwest;
thence south on 12th Street Southwest to D Street Southwest;
thence west on D Street Southwest to 14th Street Southwest;
thence south on 14th Street Southwest to the middle of the Washington Channel;
thence generally south and east along the mid-channel of the Washington Channel to a
point due west of the northern boundary line of Fort Lesley McNair;
thence due east to the side of the Washington Channel;
thence following generally south and east along the side of the Washington Channel at the
mean high water mark, to the point of confluence with the Anacostia River, and along the
northern shore at the mean high water mark to the northern most point of the 11th Street Bridge; thence generally south and east along the northern side of the 11th Street Bridge to the
eastern shore of the Anacostia River;
thence generally south and west along such shore at the mean high water mark to the point
of confluence of the Anacostia and Potomac Rivers;
thence generally south along the eastern shore at the mean high water mark of the
Potomac River to the point where it meets the present southeastern boundary line of the District
of Columbia;
thence south and west along such southeastern boundary line to the point where it meets
the present Virginia-District of Columbia boundary;
thence generally north and west up the Potomac River along the Virginia-District of
Columbia boundary to the point of beginning.
(B) Where the area in subparagraph (A) of this paragraph is bounded by
any street, such street, and any sidewalk thereof, shall be included within such area.
(2) Any federal real property affronting or abutting, as of the effective date of this
Act [December 24, 1973], the area described in paragraph (1) [of this subsection] shall be deemed
to be within such area.
(3) For the purposes of paragraph (2) [of this subsection], federal real property
affronting or abutting such area described in paragraph (1) [of this subsection] shall—
(A) be deemed to include, but not limited to, Fort Lesley McNair, the
Washington Navy Yard, the Anacostia Naval Annex, the United States Naval Station, Bolling Air
Force Base, and the Naval Research Laboratory; and
(B) not be construed to include any area situated outside of the District of
Columbia boundary as it existed immediately prior to the date of enactment of this Act [December
24, 1973], nor be construed to include any portion of the Anacostia Park situated east of the
northern side of the 11th Street Bridge, or any portion of the Rock Creek Park.
(g)(1) Subject to the provisions of paragraph (2) of this subsection, the President is
authorized and directed to conduct a survey of the area described in this section in order to
establish the proper metes and bounds of such area, and to file, in such manner and at such place
as he may designate, a map and a legal description of such area, and such description and map
shall have the same force and effect as if included in this Act, except that corrections of clerical,
typographical and other errors in any such legal descriptions and map may be made. In conducting
such survey, the President shall make such adjustments as may be necessary in order to exclude
from the National Capital Service Area any privately owned properties, and buildings and adjacent
parking facilities owned by the District of Columbia government.
(2) In carrying out the provisions of paragraph (1) of this subsection, the President
shall, to the extent that such survey, legal description, and map involves areas comprising the
United States Capitol Buildings and Grounds as defined in sections 1 and 16 of the Act of July 31,
1946, as amended (D.C. Code, secs. 9-106 [and] 9-128), and other buildings and grounds under
the care of the Architect of the Capitol, consult with the Architect of the Capitol.
(3) [Amendment to section 1 of the Act of July 31, 1946 (60 Stat. 719; D.C. Code
9-106)].
(4) [Amendment to section 9 of the Act of July 31, 1946 (60 Stat. 719; D.C. Code
9-115)].
(5) [Amendment to section 9 of the Act of July 31, 1946 (60 Stat. 719; D.C. Code
9-115)].
(6) [Amendment to section 14(a) of the Act of July 31, 1946 (60 Stat. 720; D.C.
Code 9-127)].
(7) [Amendment to section 1 of the Act of July 31, 1946 (60 Stat. 719; D.C. Code
9-106)].
(8) [Amendment to section 9 of the Act of August 18, 1949 (63 Stat. 617; 40
U.S.C. 13n)].
(9) [Amendment to section 9 of the Act of August 4, 1950 (64 Stat. 411; 2 U.S.C.
167h)].
(h)(1) Except to the extent specifically provided by the provisions of this section, and
amendments made by this section, nothing in this section shall be applicable to the United States
Capitol Buildings and Grounds as defined in sections 1 and 16 of the Act of July 31, 1946, as
amended (D.C. Code, secs. 9-106 [and] 9-128, or to any other buildings and grounds under the
care of the Architect of the Capitol, the United States Supreme Court Building and Grounds as
defined in section 11 of the Act of August 18, 1949, as amended (40 U.S.C. 13p), and the
Library of Congress Buildings and Grounds as defined in section 11 of the Act of August 4, 1950,
as amended (2 U.S.C. 167j), and except to the extent herein specifically provided, including
amendments made by this section, nothing in this section shall be construed to repeal, amend,
alter, modify, or supersede any provision of the Act of July 31, 1946, as amended (40 U.S.C.
193a et seq.) [D.C. Code 9-106, 9-108 to 9-115, and 9-123 to 9-128], or any other of the
general laws of the United States or any of the laws enacted by the Congress and applicable
exclusively to the District of Columbia, or any rule or regulation promulgated pursuant thereto, in
effect on the date immediately preceding the effective date of title IV of this Act [January 2,
1975] pertaining to said buildings and grounds, or any existing authority, with respect to such
buildings and grounds, vested by law, or otherwise, on such date immediately preceding such
effective date [January 2, 1975], in the Senate, the House of Representatives, the Congress, or
any committee or commission or board thereof, the Architect of the Capitol, or any other officer
of the legislative branch, the Chief Justice of the United States, the Marshal of the Supreme Court
of the United States, or the Librarian of Congress.
(2) Notwithstanding the foregoing provision of this section, any of the services and
facilities authorized by this Act to be rendered or furnished (including maintenance of streets and
highways, and services under section 731 of this Act [D.C. Code 1-1131.1]) shall, as far as
practicable, be made available to the Senate, the House of Representatives, the Congress, or any
committee or commission or board thereof, the Architect of the Capitol, or any other officer of
the legislative branch vested by law or otherwise on such date immediately preceding the effective
date of title IV of this Act [January 2, 1975] with authority over such buildings and grounds, the
Chief Justice of the United States, the Marshal of the Supreme Court of the United States, and the
Librarian of Congress, upon their request, and, if payment would be required for the rendition or
furnishing of a similar service or facility to any other federal agency, payment therefor shall be
made by the recipient thereof, upon presentation of proper vouchers, in advance or by
reimbursement (as may be agreed upon by the parties rendering and receiving such services).
(i) Except to the extent otherwise specifically provided in the provisions of this section,
and amendments made by this section, all general laws of the United States and all laws enacted
by the Congress and applicable exclusively to the District of Columbia, including regulations and
rules promulgated pursuant thereto, in effect on the date immediately preceding the effective date
of title IV of this Act [January 2, 1975] and which, on such date immediately preceding the
effective date of such title [January 2, 1975], are applicable to and within the areas included
within the National Capital Service Area pursuant to this section shall, on and after January 2,
1975, continue to be applicable to and within such National Capital Service Area in the same
manner and to the same extent as if this section had not been enacted, and shall remain so
applicable until such time as they are repealed, amended, altered, modified, or superseded, and
such laws, regulations and rules shall thereafter be applicable to and within such area in the
manner and to the extent so provided by any such amendment, alteration, or modification.
(j) In no case shall any person be denied the right to vote or otherwise participate in any
manner in any election in the District of Columbia solely because such person resides within the
National Capital Service Area.
EMERGENCY CONTROL OF POLICE
SEC. 740. [D.C. Code 4-102] (a) Notwithstanding any other provision of law,
whenever the President of the United States determines that special conditions of an emergency
nature exist which require the use of the Metropolitan Police force for Federal purposes, he may
direct the Mayor to provide him, and the Mayor shall provide, such services of the Metropolitan
Police force as the President may deem necessary and appropriate. In no case, however, shall such
services made available pursuant to any such direction under this subsection extend for a period in
excess of forty-eight hours unless the President has, prior to the expiration of such period, notified
the Chairmen and ranking minority members of the Committees on the District of Columbia of the
Senate and the House of Representatives, in writing, as to the reason for such direction and the
period of time during which the need for such services is likely to continue.
(b) Subject to the provisions of subsection (c) of this section, such services made
available in accordance with subsection (a) of this section shall terminate upon the end of such
emergency, the expiration of a period of thirty days following the date on which such services are
first made available, or the enactment into law of a joint resolution by the Congress providing for
such termination, whichever first occurs.
(c) Notwithstanding the foregoing provisions of this section, in any case in which such
services are made available in accordance with the provisions of subsection (a) of this section
during any period of an adjournment of the Congress sine die, such services shall terminate upon
the end of the emergency, the expiration of the thirty-day period following the date on which
Congress first convenes following such adjournment, or the enactment into law of a joint
resolution by the Congress providing for such termination, whichever first occurs.
(d) Except to the extent provided for in subsection (c) of this section, no such services
made available pursuant to the direction of the President pursuant to subsection (a) of this section
shall extend for any period in excess of thirty days, unless the Senate and the House of
Representatives enact into law a joint resolution authorizing such an extension.
HOLDING OFFICE IN THE DISTRICT
SEC. 741. [Repealed by section 4(c) of An Act To amend the District of Columbia
Revenue Act of 1947 regarding taxability of dividends received by a corporation from insurance
companies, banks, and other savings institutions, approved April 17, 1974 (P.L. 93-268; 88 Stat.
87)].
OPEN MEETINGS
SEC. 742. [D.C. Code 1-1504] (a) All meetings (including hearings) of any
department, agency, board, or commission of the District government, including meetings of the
Council of the District of Columbia, at which official action of any kind is taken shall be open to
the public. No resolution, rule, act, regulation, or other official action shall be effective unless
taken, made, or enacted at such meeting.
(b) A written transcript or a transcription shall be kept for all such meetings and shall be
made available to the public during normal business hours of the District government. Copies of
such written transcripts or copies of such transcriptions shall be available, upon request, to the
public at reasonable cost.
TERMINATION OF THE DISTRICT’S AUTHORITY TO BORROWFROM THE TREASURY
SEC. 743. (a) [Amendment to section 1 An Act to authorize the Commissioners of the
District of Columbia to borrow funds for capital improvement programs and to amend provisions
of law relating to Federal Government participation in meeting costs of maintaining the National
Capital City, approved June 6, 1958 (72 Stat. 183; D.C. Code 9-219)].
(b) [Repealed An Act authorizing loans from the United States Treasury for expansion of
the District of Columbia water system, approved June 2, 1950 (64 Stat. 195; D.C. Code 43-1540)].
(c) [Amendment to title II of An Act to authorize the financing of a program of public
works construction for the District of Columbia, and for other purposes, approved May 18, 1954
(68 Stat. 104; D.C. Code 43-1601 et seq.)].
(d) [Repealed section 402 of An Act to authorize the financing of a program of public
works construction for the District of Columbia, and for other purposes, approved May 18, 1954
(68 Stat. 110; D.C. Code 7-133)].
(e) [Repealed section 4 of An Act to authorize the Commissioners of the District of
Columbia to plan, construct, operate, and maintain a sanitary sewer to connect the Dulles
International Airport with the District of Columbia system, approved June 12, 1960 (74 Stat. 211;
D.C. Code 43-1623)].
(f) [Uncodified] Nothing contained in this section shall be deemed to relieve the District
of its obligation to repay any loan made to it under the authority of the Acts specified in the
preceding subsections, nor to preclude the District from using the unexpended balance of any such
loan appropriated to the District prior to the effective date of this provision, not to prevent the
District from fulfilling the provisions of section 722 [uncodified].
PART E – AMENDMENTS TO THE DISTRICT OF COLUMBIA ELECTION ACTAMENDMENTS
SEC. 751. [Amendment to the District of Columbia Election Act, approved August 12,
1955 (69 Stat. 699; D.C. Code 1-1301 et seq.)].
DISTRICT COUNCIL AUTHORITY OF ELECTIONS
SEC. 752. [D.C. Code 1-1307] Notwithstanding any other provision of this Act [Home
Rule Act] or of any other law, the Council shall have authority to enact any act or resolution with
respect to matters involving or relating to elections in the District.
PART F – RULES OF CONSTRUCTIONCONSTRUCTION
SEC. 761. [Uncodified] To the extent that any provisions of this Act are inconsistent with
the provisions of any other laws[,] the provisions of this Act shall prevail and shall be deemed to
supersede the provisions of such laws.
SEVERABILITY
SEC. 762. [Uncodified] If any particular provision of this Act, or the application thereof
to any person of circumstance, is held invalid, the remainder of this Act and the application of
such provision to other persons or circumstances shall not be affected thereby.
PART G – EFFECTIVE DATESEFFECTIVE DATES
SEC. 771. [Uncodified] (a) Titles I and V, and parts A and G, and section 722 of title VII
shall take effect on the date of enactment of this Act [December 24, 1973].
(b) Sections 712, 713, 714, and 715 of title VII, and section 401(b) of title IV, and title II
shall take effect July 1, 1974, except that any provision thereof which in effect transfer authority
to appoint any citizen member of the National Capital Planning Commission of the District of
Columbia Redevelopment Land Agency shall take effect January 2, 1975.
(c) Titles III and IV, except section 401(b) of title IV, shall take effect January 2, 1975, if
title IV is accepted by a majority of the registered qualified electors in the District of Columbia
voting on the charter issue in the charter referendum.
(d) Title VI and parts D and F and sections 711, 716, 717, 718, 719, 721, and 723 of title
VII shall take effect only if and upon the date that title IV becomes effective [January 2, 1975].
(e) Part E of title VII shall take effect on the date on which title IV [January 2, 1975] is
accepted by a majority of the registered qualified electors in the District of Columbia voting on
the charter issue in the charter referendum.
DISTRICT OF COLUMBIA HOME RULE ACT
SUBJECT INDEX__________
Advisory Neighborhood Commissions or Councils | Sec. 703, Sec. 738 | |
Agreements with the United States | Sec. 731 | |
Appropriations | Sec. 446, Sec. 722 | |
Architect of the Capitol | Sec. 423 | |
Armory Board | Sec. 441, Sec. 441(b), Sec. 494, Sec. 712 | |
Auditor | Sec. 455, Sec. 603(b) | |
Adjustments | Sec. 737 | |
Audits | Sec. 736 | |
Board of Education | Sec. 452, Sec. 495, Sec. 719 | |
Board of Elections | Sec. 401, Sec. 421, 442(b), Sec. 491, Sec. 701, Sec. 702, Sec. 703,Sec. 704, Sec. 733 | |
Bonds | Secs. 461 — 467, Secs. 475, Secs. 481 — 486, Sec. 490, Sec. 603 | |
Borrowing | Sec. 443, Sec. 461 — 484, Sec. 603, Secs. 722 — 723, Sec. 743 | |
Budget | Sec. 404, Secs. 441 — 448, Secs. 452 — 453 | |
Chairman of Council | Secs. 401 — 411, Sec. 455, Sec. 603(c),Sec. 724 | |
Chairman as Acting Mayor | Sec. 411, Sec. 422 | |
Charter | Secs. 301 — 303, Secs. 401 — 495 | |
Charter amendments initiative | Amendment No. 1 | |
Charter amendment procedures | Sec. 303 | |
Chief Financial Officer | Sec. 422(6), Sec. 424 | |
City Administrator | Sec. 422(7) | |
Civil Service Commission | Sec. 422(2) & (3), Sec. 734 | |
Commissioner of the District of Columbia | Sec. 103, Sec. 204, Sec. 422, Sec. 711 | |
Compensation | Sec. 403, Sec. 421, Sec. 733 | |
Council | Secs. 401 — 404 | |
Comptroller General | Sec. 442, Sec. 445, Sec. 481, Sec. 603, Sec. 736 | |
Congress | Sec. 102, Sec. 303(b), Sec. 446, Sec. 602, Sec. 604, Sec. 739(h) | |
Constitution (U.S.) | Sec. 102, Sec. 302 | |
Contracting authority | Sec. 449 | |
Council | Secs. 401 — 413, Sec. 421(2), Sec. 423, Sec. 442, Sec. 445A, Secs. 451 — 455, Sec. 462, Secs. 471 — 472, Sec. 603, Sec. 712, Sec. 737, Sec. 738 | |
(See also Limitations on the Council) | ||
(See also Powers of the Council) | ||
(See also Vacancies) | ||
Council acts | Sec. 412 , Sec. 602 |
|
Courts… | (See Judiciary) | |
Definitions | Sec. 103 , Amendment No. 1 , Amendment No. 2 |
|
Delegation of power | Sec. 102 , Sec. 422 , Sec. 712 |
|
Disapproval resolutions by the Congress | Sec. 602, Sec. 604 | |
Effective dates | Sec. 771 | |
Elections | Sec. 401, Sec. 421 , Sec. 724 |
|
Federal payment…(Repealed) | Sec. 501 | |
Financial accountability | Sec. 456 | |
Financial duties of Mayor | Sec. 448, Sec. 449 | |
Financial Responsibility and ManagementAssistance Act | Sec. 404(f), Sec. 422(6), Sec. 424, Sec. 301, Sec. 453, Sec. 456, Sec. 472, Sec. 490, Sec. 602, Sec. 603(f) | |
Financial Responsibility and ManagementAssistance Authority | Sec. 453(c), Sec. 456(a), Sec. 456(e), Sec. 472(d), Sec. 602 | |
Financing elections pursuant to Home Rule Act | Sec. 721 | |
Fiscal Year | Sec. 441 | |
Funds, General and Special | Sec. 450 | |
General Accounting Office… | (See Comptroller General) | |
Height limitation for buildings | Sec. 602 | |
Housing Finance Agency | Sec. 490 | |
Independent agencies | Secs. 491 — 495 | |
Judiciary | Sec. 413, Secs. 431 — 434, Sec. 445, Sec. 602, Sec. 718 | |
Appointment of judges | Sec. 433 | |
Chief judge | Sec. 431(b) | |
Judicial Disabilities and Tenure Commission | Sec. 431(d), Sec. 442 | |
Judicial Nomination Commission | Sec. 431 , Sec. 434, Sec. 442 |
|
Legal investment | Sec. 486 | |
Manpower administration | Sec. 204 | |
Mayor (see also powers of the Mayor) | Sec. 103, Secs. 412 — 422, Sec. 713 , Sec. 723 |
|
Commission on Mental Health | Sec. 602 | |
National Capital Housing Authority | Sec. 202 | |
National Capital Planning Commission | Sec. 203, Sec. 424, Sec. 602 | |
National Capital Service Area | Sec. 739 | |
National Guard | Sec. 602 | |
National Zoo | Sec. 602 | |
Notes | Sec. 424, Sec. 448, Secs. 471 — 490 | |
Office of Management and Budget | Sec. 204(f), Sec. 603 | |
Personal interest in contracts | Sec. 732 | |
Personnel system | Sec. 204, Sec. 422, Sec. 734 | |
Personnel, transfer of | Sec. 713 | |
Performance accountability | Sec. 456 | |
Planning (see also National Capital Planning Commission) | Sec. 423, Sec. 443 | |
Police, emergency control of | Sec. 740 | |
Political participation in first elections | Sec. 724 | |
Powers of the Council (see also Council) | Sec. 303, Sec. 404, Sec. 431, Sec. 434, Sec. 738 | |
Powers of the Mayor (see also Mayor) | Sec. 303, Sec. 404, Sec. 422, Sec. 431, Sec. 434, Sec. 442 | |
Preamble to the Charter | Sec. 301 | |
President of the United States | Sec. 202(b), Sec. 404(f), Sec. 431, Sec. 433, Sec. 434, Sec. 704, Sec. 721, Sec. 739, Sec. 740 | |
Public Service Commission | Sec. 442, Sec. 493, Sec. 712 | |
Purposes of the Home Rule Act | Sec. 102 | |
Qualifications for office | Sec. 402 (Council)7, Sec. 421 (Mayor) | |
Recall of elected public officials | Amendment No. 1 | |
Recorder of deeds | Sec. 711 | |
Redevelopment Land Agency | Sec. 201 | |
Referendums | Sec. 303, Sec. 412, Sec. 462, Amendment No. 1, Sec. 703 | |
Reorganizations of the government | Sec. 422(12) | |
Reservation of congressional authority | Sec. 601 | |
Revenue | Sec. 442, Sec. 472 | |
Revenue bonds | (see bonds) | |
Severability of this act | Sec. 762 | |
Special elections | Sec. 401, Sec. 402, Sec. 421, Amendment No. 1, Amendment No. 2 | |
Status of the District | Sec. 717 | |
Subpoena power of Council | Sec. 413 | |
Sunshine law (open meetings) | Sec. 742 | |
Treasury of the United States | Sec. 424, Sec. 443, Sec. 450, Sec. 603, Sec. 722Sec. 723 | |
Vacancies in office | Sec. 401 (Council), Sec. 422 (Mayor), Sec. 434 (Judges) | |
Veto by Mayor | Sec. 404 | |
Veto override by Council | Sec. 404 | |
Washington Aqueduct | Sec. 602 | |
Washington Convention Center Authority | Sec. 453 | |
Washington Metropolitan Area Transit Authority | Sec. 489 | |
Water and Sewer Authority | Sec. 442 , Sec. 445A, Sec. 453, Sec. 490 |
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=rtc&group=17001-18000&file=17001-17039.1
Other DirtyUncleSam.com Videos
- The First DirtyUncleSam.com Video – Breaking the ice on the darkside of the 14th Amendment
- A re-cap of the 14th Amendment with additional resources
- A brief explanation of our constant “STATE OF EMERGENCY”
- Continental Congress 2009 ex-delegate speaks about the non-ratification of the 14th Amendment in support of the 14th Amendment subcommittee.
THE ACT OF 1871 “ASLEEP”NOT SLEEP” YOU LOSE AND HERE THE TRUTH.avi
The District of Columbia ACT of 1871 Copy this below and share it with EVERYONE you know!
WWIII Is Coming Soon & Here’s Why!?
Homeland Security Report Lists ‘Liberty Lovers’ As Terrorists Repeal — The Act of 1871
The United States Isn’t a Country – It’s a Corporation — Due to the ACT OF 1871 !
Supreme Court Rules in Favor of Obamacare! THE ACT OF 1871 DO YOU BELIEVE NOW
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Act of Congress to define the word “STATE”
Act of Congress to define the word “PERSON”
Original 1973 Senate Report for the ongoing “State of Emergency”
1967 Congressional Record on the Non Ratification of the14th Amendment
An Act for new form of government
Constitution of The United States of America
The State of Texas requests representation
D.C. Doing Business as “The United States”
Expatriation Act “The Back Door”
Blacks Law Definitions
An Act establishing 14th amendment judicial system
Anti-Government Handbook for The Courts
National Security Presidential Directive Order 51
CRS Report for Congress – Top of page 5 (CRS-2) Top paragraph: executive order 6 and 7 signed by the secretary and not by the president ordering the 14th Amendment ratified and published
1973 CRS Senate report to congress – ORIGINAL DOCUMENT
A Re-Declaration of States Rights and a Republic Form of Government
By changing our standing in law from Constitutional to Corporate we now operate under one type of law. Corporate.
Here’s where the Secretary of state was ordered to say the 14th Amendment was ratified.
A joint resolution rebuking President Johnson for saying the 14th Amendment is Unconstitutional.
The US Supreme court in COLEMAN v- MILLER 307 US 433 (1939)
July 12,1909 Congressional Record page 4404 The Unconstitutional 14th Amendment.
The state of New Jersey House Journals saying the 14th Amendment is Unconstitutional and there state was denied Constitutional representation due to there representative was ejected without cause in order to secure a said 2/3 vote for said ratification of 14th Amendment.
The State of Delaware claiming the proposed 14th Amendment state rights granted in the Constitution.
The State of Oregon withdrew it’s consent to the 14th Amendment due to the proposed 14th Amendment is Unconstitutional and was adopted by FRAUD.
The State of Ohio exercised there right to  rescinded (withdrew) there vote for the proposed 14th Amendment. This right was denied them.
November 14, 1866 Florida House Journals.
Georgia house journals 1866 saying the proposed 14th Amendment is Unconstitutional.
The 1866 Georgia Senate journals as well stating the proposed 14th is Unconstitutional.
The 1866 Texas house journals saying the proposed 14th is Unconstitutional.
The Georgia assembly declaring the 14th Amendment Unconstitutional in whats know as The 1957 Georgia memorial to Congress The original in pdf!