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Great IRS Hoax, section 5.3, version 3.26

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“Dolosus versatur generalibus. A deceiver deals in generals. 2 Co. 34.”

“Fraus latet in generalibus. Fraud lies hid in general expressions.“

Generale nihil certum implicat. A general expression implies nothing certain. 2 Co. 34.

Ubi quid generaliter conceditur, in est haec exceptio, si non aliquid sit contra jus fasque. Where a thing is concealed generally, this exception arises, that there shall be nothing contrary to law and right. 10 Co. 78.
[Bouvier’s Maxims of Law, 1856]

1. THE FOUR “UNITED STATES”

It is very important to understand that there are THREE separate and distinct CONTEXTS in which the term “United States” can be used, and each has a mutually exclusive and different meaning. These three definitions of “United States” were described by the U.S. Supreme Court in Hooven and Allison v. Evatt, 324 U.S. 652 (1945):

Table 1: Geographical terms used throughout this page

Term	# in diagrams	Meaning
United States*	1	The country “United States” in the family of nations throughout the world.
United States**	2	The “federal zone”.
United States***	3	Collective states of the Union mentioned throughout the Constitution.

In addition to the above GEOGRAPHICAL context, there is also a legal, non-geographical context in which the term “United States” can be used, which is the GOVERNMENT as a legal entity. Throughout this page and this website, we identify THIS context as “United States****” or “United States⁴“. The only types of “persons” within THIS context are public offices within in the national and not state government. It is THIS context in which “sources within the United States” is used for the purposes of “income” and “gross income” within the Internal Revenue Code, as proven by:

Nonresident Alien Position, Form #05.020, Sections 6 and 7
DIRECT LINK: http://sedm.org/Forms/MemLaw/NonresidentAlienPosition.pdf
FORMS PAGE: http://sedm.org/Forms/FormIndex.htm

The reason these contexts are not expressly distinguished in the statutes by the Legislative Branch or on government forms crafted by the Executive Branch is that they are the KEY mechanism by which:

1. Federal jurisdiction is unlawfully enlarged by abusing presumption, which is a violation of due process of law. See:
   Presumption: Chief Weapon for Unlawfully Enlarging Federal Jurisdiction, Form #05.007
   DIRECT LINK: http://sedm.org/Forms/MemLaw/Presumption.pdf
   FORMS PAGE: http://sedm.org/Forms/FormIndex.htm
2. The separation of powers between the states and the national government is destroyed, in violation of the legislative intent of the Constitution. See:
   Government Conspiracy to Destroy the Separation of Powers Doctrine, Form #05.023
   DIRECT LINK: http://sedm.org/Forms/MemLaw/SeparationOfPowers.pdf
   FORMS PAGE: http://sedm.org/Forms/FormIndex.htm
3. A “society of law” is transformed into a “society of men” in violation of Marbury v. Madison, 5 U.S. 137 (1803):
   

   “The government of the United States has been emphatically termed a government of laws, and not of men. It will certainly cease to deserve this high appellation, if the laws furnish no remedy for the violation of a vested legal right.”
   [Marbury v. Madison, 5 U.S. 137, 163 (1803)]

4. Exclusively PRIVATE rights are transformed into public rights in a process we call “invisible eminent domain using presumption and words of art”.
5. Judges are unconstitutionally delegated undue discretion and “arbitrary power” to unlawfully enlarge federal jurisdiction. See:
   Federal Jurisdiction, Form #05.018
   DIRECT LINK: http://sedm.org/Forms/MemLaw/FederalJurisdiction.pdf
   FORMS PAGE: http://sedm.org/Forms/FormIndex.htm

The way a corrupted Executive Branch or judge accomplish the above is to unconstitutionally:

1. PRESUME that ALL of the four contexts for “United States” are equivalent.
2. PRESUME that CONSTITUTIONAL citizens and STATUTORY citizens are EQUIVALENT under federal law. They are NOT. A CONSTITUTIONAL citizen is a “non-citizen national” under federal law and NOT a “citizen of the United States”.
   Why You are a “national”, “state national”, and Constitutional but not Statutory Citizen, Form #05.006
   DIRECT LINK: http://sedm.org/Forms/MemLaw/WhyANational.pdf
   FORMS PAGE: http://sedm.org/Forms/FormIndex.htm
3. PRESUME that “nationality” and “domicile” are equivalent. They are NOT. See:
   Why Domicile and Becoming a “taxpayer” Require Your Consent, Form #05.002
   DIRECT LINK: http://sedm.org/Forms/MemLaw/Domicile.pdf
   FORMS PAGE: http://sedm.org/Forms/FormIndex.htm
4. Use the word “citizenship” in place of “nationality” OR “domicile”, and refuse to disclose WHICH of the two they mean in EVERY context.
5. Confuse the POLITICAL/CONSTITUTIONAL meaning of words with the civil STATUTORY context. For instance, asking on government forms whether you are a POLITICAL/CONSTITUTIONAL citizen and then FALSELY PRESUMING that you are a STATUTORY citizen under 8 U.S.C. §1401.
6. Confuse the words “domicile” and “residence” or impute either to you without satisfying the burden of proving that you EXPRESSLY CONSENTED to it and thereby illegally kidnap your civil legal identity against your will.  One can have only one “domicile” but many “residences” and BOTH require your consent.  See:
   Why Domicile and Becoming a “taxpayer” Require Your Consent, Form #05.002
   DIRECT LINK: http://sedm.org/Forms/MemLaw/Domicile.pdf
   FORMS PAGE: http://sedm.org/Forms/FormIndex.htm
7. Add things or classes of things to the meaning of statutory terms that do not EXPRESSLY appear in their definitions, in violation of the rules of statutory construction. See:
   Meaning of the Words “includes” and “including”, Form #05.014
   DIRECT LINK: http://sedm.org/Forms/MemLaw/Includes.pdf
   FORMS PAGE: http://sedm.org/Forms/FormIndex.htm
8. Refuse to allow the jury to read the definitions in the law and then give them a definition that is in conflict with the statutory definition. This substitutes the JUDGES will for what the law expressly says and thereby substitutes PUBLIC POLICY for the written law.
9. Publish deceptive government publications that are in deliberate conflict with what the statutes define “United States” as and then tell the public that they CANNOT rely on the publication. The IRS does this with ALL of their publications and it is FRAUD. See:
   Reasonable Belief About Income Tax Liability, Form #05.007
   DIRECT LINK: http://sedm.org/Forms/MemLaw/ReasonableBelief.pdf
   FORMS PAGE: http://sedm.org/Forms/FormIndex.htm

This kind of arbitrary discretion is PROHIBITED by the Constitution, as held by the U.S. Supreme Court:

‘When we consider the nature and the theory of our institutions of government, the principles upon which they are supposed to rest, and review the history of their development, we are constrained to conclude that they do not mean to leave room for the play and action of purely personal and arbitrary power.‘
[Yick Wo v. Hopkins, 118 U.S. 356, 369 , 6 S. Sup. Ct. 1064, 1071]

Thomas Jefferson, our most revered founding father, precisely predicted the above abuses when he said:

“It has long been my opinion, and I have never shrunk from its expression,… that the germ of dissolution of our Federal Government is in the constitution of the Federal Judiciary–an irresponsible body (for impeachment is scarcely a scare-crow), working like gravity by night and by day, gaining a little today and a little tomorrow, and advancing its noiseless step like a thief over the field of jurisdiction until all shall be usurped from the States and the government be consolidated into one. To this I am opposed.“
[Thomas Jefferson to Charles Hammond, 1821. ME 15:331]

“Contrary to all correct example, [the Federal judiciary] are in the habit of going out of the question before them, to throw an anchor ahead and grapple further hold for future advances of power. They are then in fact the corps of sappers and miners, steadily working to undermine the independent rights of the States and to consolidate all power in the hands of that government in which they have so important a freehold estate.“
[Thomas Jefferson: Autobiography, 1821. ME 1:121]

“The judiciary of the United States is the subtle corps of sappers and miners constantly working under ground to undermine the foundations of our confederated fabric. They are construing our Constitution from a co-ordination of a general and special government to a general and supreme one alone. This will lay all things at their feet, and they are too well versed in English law to forget the maxim, ‘boni judicis est ampliare jurisdictionem.‘”
[Thomas Jefferson to Thomas Ritchie, 1820. ME 15:297]

“When all government, domestic and foreign, in little as in great things, shall be drawn to Washington as the center of all power, it will render powerless the checks provided of one government on another and will become as venal and oppressive as the government from which we separated.“
[Thomas Jefferson to Charles Hammond, 1821. ME 15:332]

“What an augmentation of the field for jobbing, speculating, plundering, office-building [“trade or business” scam] and office-hunting would be produced by an assumption [PRESUMPTION] of all the State powers into the hands of the General Government!”
[Thomas Jefferson to Gideon Granger, 1800. ME 10:168]

2.  STATUTORY V. CONSTITUTIONAL CONTEXTS

It is very important to understand that there are TWO separate, distinct, and mutually exclusive contexts in which geographical “words of art” can be used at the federal or national level:

1. Constitutional.
2. Statutory.

The purpose of providing a statutory definition of a legal “term” is to supersede and not enlarge the ordinary,  common law, constitutional, or common meaning of a term.  Geographical words of art include:

1. “State”
2. “United States”
3. “alien”
4. “citizen”
5. “resident”
6. “U.S. person”

The terms “State” and “United States” within the Constitution implies the constitutional states of the Union and excludes federal territory, statutory “States” (federal territories), or the statutory “United States” (the collection of all federal territory).  This is an outcome of the separation of powers doctrine.  See:

Government Conspiracy to Destroy the Separation of Powers, Form #05.023 http://sedm.org/Forms/FormIndex.htm

The U.S. Constitution creates a public trust which is the delegation of authority order that the U.S. Government uses manage federal territory and property.  That property includes franchises, such as the “trade or business” franchise.  All statutory civil law it creates can and does regulate only THAT property and not the constitutional States, which are foreign, sovereign, and statutory “aliens” for the purposes of federal legislative jurisdiction.

It is very important to realize the consequences of this constitutional separation of powers between the states and national government.  Some of these consequences include the following:

1. Statutory “States” as indicated in  4 U.S.C. §110(d) and “States” in nearly all federal statutes are in fact federal territories and the definition does NOT include constitutional states of the Union.
2. The statutory “United States” defined in 26 U.S.C. §7701(a)(9) and (a)(10)  and 4 USC §110(d) includes federal territory and excludes any land within the exclusive jurisdiction of a  constitutional state of the Union.
3. Terms on government forms assume the statutory context and NOT the constitutional context.
4. Domicile is the origin of civil legislative jurisdiction over human beings.  This jurisdiction is called “in personam jurisdiction”.
5. Since the separation of powers doctrinecreates two separate jurisdictions that are legislatively “foreign” in relation to each other, then there are TWO types of political communities, two types of “citizens”, and two types of jurisdictions exercised by the national government.
   

   “It is clear that Congress, as a legislative body, exercise two species of legislative power: the one, limited as to its objects, but extending all over the Union: the other, an absolute, exclusive legislative power over the District of Columbia. The preliminary inquiry in the case now before the Court, is, by virtue of which of these authorities was the law in question passed?”
   [Cohens v. Virginia, 19 U.S. 264, 6 Wheat. 265; 5 L.Ed. 257 (1821)]

6. A human being domiciled in a state and born or naturalized anywhere in the Union is a statutory “alien” in relation to the national government and a non-citizen national pursuant to 8 U.S.C. §1101(a)(21) and 8 U.S.C. §1452.
7. You can be a statutory “alien” pursuant to 8 CFR §1.1441-1(c )(3)(i) and a constitutional or Fourteenth Amendment “Citizen” AT THE SAME TIME.  Why?  Because the Supreme Court ruled in Hooven and Allison v. Evatt, 324 U.S. 653 (1945), that there are THREE different and mutually exclusive “United States”, and therefore THREE types of “citizens of the United States”. Here is an example:
   

   “The 1^st section of the 14^th article [Fourteenth Amendment], to which our attention is more specifically invited, opens with a definition of citizenship—not only citizenship of the United States[***], but citizenship of the states.  No such definition was previously found in the Constitution, nor had any attempt been made to define it by act of Congress.  It had been the occasion of much discussion in the courts, by the executive departments and in the public journals.  It had been said by eminent judges that no man was a citizen of the [***] except as he was a citizen of one of the states composing the Union.  Those therefore, who had been born and resided always in the District of Columbia or in the territories [STATUTORY citizens], though within the United States[*], were not [CONSTITUTIONAL] citizens.”
   [Slaughter-House Cases, 83 U.S. (16 Wall.) 36, 21 L.Ed. 394(1873)]

   The “citizen of the United States” mentioned in the Fourteenth Amendment  is a constitutional “citizen of the United States”, and the term “United States” in that context includes states of the Union and excludes federal territory.  Hence, you would NOT be a “citizen of the United States” within any federal statute, because all such statutes define “United States” to mean federal territory and EXCLUDE states of the Union.  For more details, see:

   Why You are a “national”, “state national”, and Constitutional but not Statutory Citizen, Form #05.006 http://sedm.org/Forms/FormIndex.htm

8. Your job, if you say you are a “citizen of the United States” or “U.S. citizen” on a government form ( a VERY DANGEROUS undertaking!) is to understand that all government forms presume the statutory and not constitutional context, and to ensure that you define precisely WHICH one of the three “United States” you are a “citizen” of, and do so in a way that excludes you from the civil jurisdiction of the national government because domiciled in a “foreign state”.  Both foreign countries and states of the Union are legislatively “foreign” and therefore “foreign states” in relation to the national government of the United States.  The following form does that very carefully:
   

   Affidavit of Citizenship, Domicile, and Tax Status, Form #02.001 http://sedm.org/Forms/FormIndex.htm

9. Even the IRS says you CANNOT trust or rely on ANYTHING on any of their forms and publications.  We cover this in our  Reasonable Belief About Income Tax Liability, Form #05.007.  Hence, if you are compelled to fill out a government form, you have an OBLIGATION to ensure that you define all “words of art” used on the form in such a way that there is no room for presumption, no judicial or government discretion to “interpret” the form to their benefit, and no  injury to your rights or status by filling out the government form.  This includes attaching the following forms to all tax forms you submit:9.1.   Affidavit of Citizenship, Domicile, and Tax Status, Form #02.001
   http://sedm.org/Forms/FormIndex.htm9.2.   Tax Form Attachment, Form #04.201
   http://sedm.org/Forms/FormIndex.htm

3.  SUMMARY OF CITIZENSHIP STATUS v. TAX STATUS

Below is a table that maps the various “Citizenship status” options in Title 8 of the U.S. Code to a “Income tax status” found in the Internal Revenue Code, which is Title 26 of the U.S. Code.  If a column contains the word “yes”, then the citizenship status row and the corresponding tax status column are equivalent to each other from a legal perspective.

Table 2:  “Citizenship status” vs. “Income tax status”

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4. EFFECT OF DOMICILE ON CITIZENSHIP STATUS

Table 3:  Effect of Domicile on Citizenship Status

NOTES:

1. “United States” is statutorily defined as federal territory within 26 U.S.C. §§7701(a)(9) and (a)(10), 7701(a)(39), and 7408(d), and 4 U.S.C. §110(d).  It does not expressly include any Constitutional state of the Union and therefore, by the rules of statutory construction, they are purposefully excluded.
2. The “District of Columbia” is defined as a federal corporation but not a physical place, a “body politic”, or a de jure “government” within the District of Columbia Act of 1871, 16 Stat. 419, 426, Sec. 34.    See:  Corporatization and Privatization of the Government, Form #05.024; http://sedm.org/Forms/FormIndex.htm.
3. American nationals who are domiciled outside of federal jurisdiction, either in a state of the Union or a foreign country, are “nationals” but not “citizens” under federal law.  They also qualify as “nonresident aliens” under 26 U.S.C. §7701(b)(1)(B).  See sections 4.11.2 of the Great IRS Hoax for details.
4. Temporary domicile in the middle column on the right must meet the requirements of the “Presence test” documented in IRS publications.
5. “FEDERAL ZONE”=District of Columbia, Puerto Rico, and the territories and insular possessions of the United States in the above table.
6. The term “individual” as used on the IRS form 1040 means an “alien” engaged in a “trade or business”.  All “taxpayers” are “aliens” engaged in a “trade or business”.  This is confirmed by 26 CFR §1.1441-1(c )(3), 26 CFR §1.1-1(a)(2)(ii), and 5 U.S.C. §552a(a)(2).  Statutory “U.S. citizens” as defined in  8 U.S.C. §1401 are not “individuals” unless temporarily abroad pursuant to  26 U.S.C. §911 and subject to an income tax treaty with a foreign country.  In that capacity, statutory “U.S. citizens”  interface to the I.R.C. as “aliens” rather than “U.S. citizens” through the tax treaty.

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5.  MEANING OF GEOGRAPHICAL WORDS OF ART

A very frequent point of confusion and misunderstanding even within the legal profession is the definition of geographical terms in the various contexts in which they are used.  The table below is provided to clear up this confusion in order that people do not misinterpret geographical terms by applying them outside their intended context.  Using this page is VERY important for those who will be reading and researching state and federal law.  The differences in meaning within the various contexts are primarily a consequence of the Separation of Powers Doctrine.

Table 4: Meaning of geographic “words of art”

What the above table clearly shows is that the word “State” in the context of federal statutes and regulations means (not includes!) federal States only under Title 48 of the U.S. Code[4], and these areas do not include any of the 50 Union States.  This is true in most cases and especially in the Internal Revenue Code.  The lower case word “state” in the context of federal statutes and regulations means one of the 50 union states, which are “foreign states”, and “foreign countries” with respect to the federal government as clearly explained in section 5.2.11 of the Great IRS Hoax, Form #11.302 (OFFSITE LINK) book.  In the context of the above, a “Union State” means one of the 50 Union states of the United States* (the country, not the federal United States**) mentioned in the Constitution for the United States of America.

If you would like to know all the implications of the separation of powers reflected in the above table, as well as a history of unconstitutional efforts to destroy this separation, see the following references:

1.  Government Conspiracy to Destroy the Separation of Powers, Form #05.020
2.  Sovereignty Forms and Instructions Online, Form #10.004, Cites by Topic:  “Separation of Powers” (OFFSITE LINK)

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6.  CITIZENSHIP AND DOMICILE OPTIONS AND RELATIONSHIPS

Figure 1:  Citizenship and Domicile Options and Relationships

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7.  FOUR TYPES OF AMERICAN NATIONALS

There are four types of American nationals recognized under federal law :

1.  Statutory “U.S. citizen” or “citizen of the [federal] United States**” or “national and citizen of the [federal] United States**”

1.1. A statutory privileged status defined and found in 8 U.S.C. §1401 and 8 U.S.C. §1101(a)(22)(A), in the implementing regulations of the Internal Revenue Code at 26 CFR §1.1-1(c ), and in most other federal statutes.

1.2. Born ianywhere in the United States* but domiciled in the federal zone only. Most inhabit the District of Columbia and the territories and possessions of the United States identified in Title 48 of the U.S. Code.

1.3. Subject to the “police power” of the federal government and all “acts of Congress”.

1.4. Treated as a citizen of the municipal government of the District of Columbia (see 26 U.S.C. §7701(a)(39))

1.5. Have no common law rights, because there is no federal common law.  See Jones v. Mayer, 392 U.S. 409 (1798).

1.6. Also called “federal U.S. citizens”.

1.7  Owe allegiance to the GOVERNMENT of the United States and NOT the PEOPLE of the States of the Union, who are called United States***.

2.  Statutory “nationals but not citizens of the United States**” at birth (where “United States” or “U.S.” means the federal United States)

2.1. Defined in 8 U.S.C. §1408, 8 U.S.C. §1101(a)(22)(B), and 8 U.S.C. §1452.

2.2. Born anywhere in American Samoa or Swains Island.

2.3. May not participate politically in federal elections or as federal jurists.

2.4. Owes allegiance to the federal “United States**”.

3.  “USA nationals” (but not “citizens of the United States**”)

3.1.     Defined in  8 U.S.C. §1452, 8 U.S.C. §1101(a)(21).

3.2.     Is not equivalent to a statutory “national but not citizen of the United States by birth” identified in 8 U.S.C. §1408.

3.3.     Called a “citizen of the United States” by the Supreme Court and in Section 1 of the Fourteenth Amendment.

3.4.     Born anywhere in any one of the several states of the Union but not in a federal territory, possession, or the District of Columbia.

3.5.     Not subject to the “police power” of the federal government or most “acts of Congress”.

3.6.     Owes allegiance to the “United States***” that comprise the several states of the Union.

3.7.     May serve as a federal jurist or grand jurist involving only parties with his same citizenship and domicile status. May vote in federal elections.

4. “State national”  (where “U.S.” or “United States” means only the union of states)”

4.1.     Defined in  8 U.S.C. §1101(a)(21), under the Law of Nationas, under state laws, and under USA Constitution.

4.1.     Is equivalent to the term “state citizen”.

4.2.     In general, born in any one of the several states of the Union but not in a federal territory, possession, or the District of Columbia. Not domiciled in the federal zone.

4.3.     Not subject to the “police power” of the federal government or most “acts of Congress”.

4.4.     Owes Allegiance to the sovereign people, collectively and individually, within the body politic of the constitutional state residing in.

4.5.     May serve as a state jurist or grand jurist involving only parties with his same citizenship and domicile status.

4.6.     May vote in state elections.

4.7.     At this time, all “state Nationals” are also a “USA National”. But not all “USA Nationals” are a “state National” (for example, a USA national not residing nor domiciled in a state of the Union).  Is a man or woman whose unalienable natural rights are recognized, secured, and protected by his state constitution against state actions and against federal intrusion by the Constitution for the United States of America.

Statutory “U.S. citizens” pursuant to 8 U.S.C. §1401 have civil rights under federal law that are similar but inferior to the natural rights of state nationals in state courts.  We say almost because “civil rights” are statutory creations of Congress that may be taken away at any time and therefore are really privileges and franchises disguised to “look” like rights.  “U.S. citizens” are privileged subjects/servants of Congress, under their protection as a “resident” and “ward” of a federal State, a person enfranchised to the federal government (the incorporated United States defined in Article I, Section 8, Clause 17 of the Constitution).  The individual Union states may not deny to these persons any federal privileges or immunities that Congress has granted them within “acts of Congress” or federal statutes.  Federal citizens come under admiralty law (International Law) when litigating in federal courts.  As such they do not have inalienable common rights recognized, secured and protected in federal courts by the Constitutions of the States, or of the Constitution for the United States of America, such as “allodial” (absolute) rights to property, the rights to inheritance, the rights to work and contract, and the right to travel among others.

Another important element of citizenship is that artificial entities like corporations are citizens for the purposes of taxation but cannot be citizens for any other purpose.

“A corporation is not a citizen within the meaning of that provision of the Constitution, which declares that the citizens of each State shall be entitled to all the privileges and immunities of citizens of the several States.”
[Paul v. Virginia, 8 Wall (U.S.) 168; 19 L.Ed 357 (1868)]

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8.  FEDERAL STATUTORY CITIZENSHIP STAT– USES DIAGRAM

We have prepared a venn diagram showing all of the various types of citizens so that you can properly distinguish them. The important thing to notice about this diagram is that there are multiple types of “citizens of the United States” and “nationals of the United States” because there are multiple definitions of “United States” according to the Supreme Court, as we showed in section 1 earlier.

Figure 2:  Federal Statutory Citizenship Statuses

9.   CITIZENSHIP STATUS ON GOVERNMENT FORMS

Table 5:  Citizenship status on government forms

NOTES:

1. E-Verify CANNOT be used by those who are a NOT lawfully engaged in a public office in the U.S. government at the time of making application.  Its use is VOLUNTARY and cannot be compelled.  Those who use it MUST have a Social Security Number or Taxpayer Identification Number and it is ILLEGAL to apply for, use, or disclose said number for those not lawfully engaged in a public office in the U.S. government at the time of application.  See:
   Why It Is Illegal for Me to Request or Use a “Taxpayer Identification Number”, Form #04.205
   FORMS PAGE: http://sedm.org/Forms/FormIndex.htm
   DIRECT LINK:  http://sedm.org/Forms/Tax/Withholding/WhyTINIllegal.pdf
2. For instructions useful in filling out the forms mentioned in the above table, see the following OFFSITE LINKS:2.1. Social Security Form SS-5:
   Why You Aren’t Eligible for Social Security, Form #06.001
   FORMS PAGE: http://sedm.org/Forms/FormIndex.htm
   DIRECT LINK: http://sedm.org/Forms/AvoidingFranch/SSNotEligible.pdf2.2. IRS Form W-8:
   About IRS Form W-8BEN, Form #04.202
   FORMS PAGE: http://sedm.org/Forms/FormIndex.htm
   DIRECT LINK: http://sedm.org/forums/index.php?app=downloads&module=display&section=download&do=confirm_download&id=4292.3. Department of State Form I-9:
   I-9 Form Amended, Form #06.028
   FORMS PAGE: http://sedm.org/Forms/FormIndex.htm
   DIRECT LINK: http://sedm.org/Forms/AvoidingFranch/i-9Amended.pdf2.4. E-Verify:
   About E-Verify, Form #04.107
   FORMS PAGE: http://sedm.org/Forms/FormIndex.htm
   DIRECT LINK: http://sedm.org/Forms/Tax/Procedure/E-Verify/E-Verify.htm

10.   CAPITALIZATION WITHIN STATUTES AND REGULATIONS

Whenever you are reading a particular law, including the U.S. Constitution, or a statute, the Sovereign referenced in that law, who is usually the author of the law, is referenced in the law with the first letter of its name capitalized.  For instance, in the U.S. Constitution the phrase “We the People”, “State”, and “Citizen” are all capitalized, because these were the sovereign entities who were writing the document residing in the States.  This document formed the federal government and gave it its authority.  Subsequently, the federal government wrote statutes to implement the intent of the Constitution, and it became the Sovereign, but only in the context of those territories and lands ceded to it by the union states.  When that federal government then refers in statutes to federal “States”, for instance in 26 U.S.C. §7701(a)(10)  or 4 U.S.C. §110(d), then these federal “States” are Sovereigns because they are part of the territory controlled by the Sovereign who wrote the statute, so they are capitalized.  Foreign states referenced in the federal statutes then must be in lower case.  The sovereign 50 union states, for example, must be in lower case in federal statutes because of this convention because they are foreign states.  Capitalization is therefore always relative to who is writing the document, which is usually the Sovereign and is therefore capitalized.  The exact same convention is used in the Bible, where all appellations of God are capitalized because they are sovereigns:  “Jesus” ”, “God”, “Him”, “His”, “Father”.  These words aren’t capitalized because they are proper names, but because the entity described is a sovereign or an agent or part of the sovereign.  The only exception to this capitalization rule is in state revenue laws, where the state legislators use the same capitalization as the Internal Revenue Code for “State” in referring to federal enclaves within their territory because they want to scam money out of you.  In state revenue laws, for instance in the California Revenue and Taxation Code (R&TC) sections 17018 and 6017, “State” means a federal State within the boundaries of California and described as part of the Buck Act of 1940 found in 4 U.S.C. §§105-113.  See the following URL to see what we mean:

District of Columbia Home Rule Act

Approved December 24, 1973

Amended through November 19, 1997
Originally published on-line in February of 1999

Click here to view a PDF as amended to 2008

Public Law 93-198; 87 Stat. 777; D.C. Code § 1-201 passim

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TABLE OF CONTENTS TITLE I – SHORT TITLE, PURPOSES, AND DEFINITIONS

Sec. 101. Short Title

Sec. 102. Congressional Retention of Authority

Sec. 103. Definitions

TITLE II — GOVERNMENTAL REORGANIZATION

Sec. 201. Redevelopment Land Agency

Sec. 202. National Capital Housing Authority

Sec. 203. National Capital Planning Commission and Municipal Planning [Amendment to another
law]

Sec. 204. District of Columbia Manpower Administration

TITLE III — DISTRICT CHARTER PREAMBLE, LEGISLATIVE POWER, AND CHARTER
AMENDING PROCEDURE

Sec. 301. District Charter Preamble

Sec. 302. Legislative Power

Sec. 303. Charter Amending Procedure

TITLE IV — THE DISTRICT CHARTERPART A — THE COUNCILSubpart 1 — Creation of the Council

Sec. 401. Creation and Membership

Sec. 402. Qualifications for Holding Office

Sec. 403. Compensation

Sec. 404. Powers of the Council

Subpart 2 –Organization and Procedure of the Council

Sec. 411. The Chairman

Sec. 412. Acts, Resolutions, and Requirements for Quorum

Sec. 413. Investigations by the Council

PART B — THE MAYOR

Sec. 421. Election, Qualifications, Vacancy, and Compensation

Sec. 422. Powers and Duties

Sec. 423. Municipal Planning

Sec. 424. Chief Financial Officer of the District of Columbia

PART C — THE JUDICIARY

Sec. 431. Judicial Powers

Sec. 432. Removal, Suspension, and Involuntary Retirement

Sec. 433. Nomination and Appointment of Judges

Sec. 434. District of Columbia Judicial Nomination Commission

PART D — DISTRICT BUDGET AND FINANCIAL MANAGEMENTSubpart 1 — Budget and Financial Management

Sec. 441. Fiscal Year

Sec. 442. Submission of Annual Budget

Sec. 443. Multiyear Plan

Sec. 444. Multiyear Capital Improvement Plan

Sec. 445. District of Columbia Courts’ Budget

Sec. 445A. Water and Sewer Authority Budget

Sec. 446. Enactment of Appropriations by Congress

Sec. 447. Consistency of Budget, Accounting, and Personnel Systems

Sec. 448. Financial Duties of the Mayor

Sec. 449. Accounting Supervision and Control

Sec. 450. General and Special Funds

Sec. 451. Special Rules Regarding Certain Contracts

Sec. 452. Annual Budget for the Board of Education

Sec. 453. Reductions in Budgets of Independent Agencies

Subpart 2 — Audit

Sec. 455. District of Columbia Auditor

Sec. 456. Performance and Financial Accountability

PART 3 — BORROWINGSubpart 1 — Borrowing

Sec. 461. District’s Authority to Issue and Redeem General Obligation Bonds for Capital Projects

Sec. 462. Contents of Borrowing Legislation and Elections on Issuing General Obligation Bonds

Sec. 463. Publication of Borrowing Legislation

Sec. 464. Short Period of Limitation

Sec. 465. Issuance of General Obligation Bonds

Sec. 466. Public or Private Sale

Sec. 467. Authority to Create Security Interests in District Revenues

Subpart 2 — Short-Term Borrowing

Sec. 471. Borrowing to Meet Appropriations

Sec. 472. Borrowing in Anticipation of Revenues

Sec. 473. Notes Redeemable Prior to Maturity

Sec. 474. Sales of Notes

Sec. 475. Bond Anticipation Notes

Payment of Bonds and Notes

Sec. 481. Special Tax

Sec. 482. Full Faith and Credit of United States Not Pledged

Sec. 483. Payment of the General Obligation Bonds and Notes

Subpart 4 — Full Faith and Credit of the United States

Sec. 484. Full Faith and Credit of the United States Not Pledged

Subpart 5 — Tax Exemptions; Legal Investments; Water Pollution;

Reservoirs; Metro Contributions; and Revenue Bonds

Sec. 485. Tax Exemptions

Sec. 486. Legal Investment

Sec. 487. Water Pollution

Sec. 488. Cost of Reservoirs on Potomac River

Sec. 489. District’s Contributions to the Washington Metropolitan Area Transit Authority

Sec. 490. Revenue Bonds and Other Obligations

PART F — INDEPENDENT AGENCIES

Sec. 491. Board of Elections

Sec. 492. Zoning Commission

Sec. 493. Public Service Commission

Sec. 494. Armory Board

Sec. 495. Board of Education

Sec. ___. Initiatives, Referendums, and Recalls

TITLE V — FEDERAL PAYMENT

[Repealed]

Sec. 501. Duties of the Mayor, Council, and Federal Office of Management and Budget [Repealed]

Sec. 502. Authorization of Appropriations [Repealed]

TITLE VI — RESERVATION OF CONGRESSIONAL AUTHORITY

Sec. 601 . Retention of Constitutional Authority

Sec. 602. Limitations on the Council

Sec. 603. Budget Process; Limitations on Borrowing and Spending

Sec. 604. Congressional Actions on Certain District Matters

TITLE VII — REFERENDUM; SUCCESSION IN GOVERNMENT; TEMPORARY
PROVISIONS; MISCELLANEOUS; AMENDMENTS TO DISTRICT OF COLUMBIA ELECTIONS
ACT; RULES OF CONSTRUCTION; AND EFFECTIVE DATESPART A — CHARTER REFERENDUM

Sec. 701. Referendum

Sec. 702. Board of Elections Authority

Sec. 703. Referendum Ballot and Notice of Voting

Sec. 704. Acceptance or Nonacceptance of Chapter

PART B — SUCCESSION IN GOVERNMENT

Sec. 711. Abolishment of Existing Government and Transfer of Functions

Sec. 712. Certain Delegated Functions and Functions of Certain Agencies

Sec. 713. Transfer of Personnel, Property, and Funds

Sec. 714. Existing Statutes, Regulations, and Other Actions

Sec. 715. Pending Actions and Proceedings

Sec. 716. Vacancies Resulting From Abolishment of Offices of Commissioner and Assistant to the
Commissioner

Sec. 717. Status of the District

Sec. 718. Continuation of District of Columbia Court System

Sec. 719. Continuation of the Board of Education

PART C — TEMPORARY PROVISIONS

Sec. 721. Powers of the President During Transitional Period

Sec. 722. Reimbursable Appropriations for the District

Sec. 723. Interim Loan Authority

Sec. 724. Political Participation in Certain Elections First Held Under this Act

PART D — MISCELLANEOUS

Sec. 731. Agreements with United States

Sec. 732. Personnel Interest in Contracts of Transactions

Sec. 733. Compensation from More than One Source

Sec. 734. Assistance of the United States Civil Service Commission in Development of District Merit
System

Sec. 735. Revenue Sharing Restrictions [Amendment to another law]

Sec. 736. Independent Audit

Sec. 737. Adjustments

Sec. 738. Advisory Neighborhood Commissions

Sec. 739. National Capital Service Area

Sec. 740. Emergency Control of Police

Sec. 741. Holding Office in the District [Repealed]

Sec. 742. Open Meetings

Sec. 743. Termination of the District’s Authority to Borrow from the Treasury

PART E — AMENDMENTS TO THE DISTRICT OF COLUMBIA

ELECTION ACT AMENDMENTS

Sec. 751. Amendments [Amendments to other laws]

Sec. 752. District Council Authority Over Elections

RULES OF CONSTRUCTION

Sec. 761. Construction

Sec. 762. Severability

PART G — EFFECTIVE DATES

Sec. 771. Effective Dates

SUBJECT INDEX

TITLE I – SHORT TITLE, PURPOSES, AND DEFINITIONSSHORT TITLE

SEC. 101. This Act may be cited as the “District of Columbia Home Rule Act”.

STATEMENT OF PURPOSES

SEC. 102. [D.C. Code 1-201] (a) Subject to the retention by Congress of the ultimate
legislative authority over the nation’s capital granted by article I, 8, of the Constitution, the
intent of Congress is to delegate certain legislative powers to the government of the District of
Columbia; authorize the election of certain local officials by the registered qualified electors in the
District of Columbia; grant to the inhabitants of the District of Columbia powers of local
self-government; modernize, reorganize, and otherwise improve the governmental structure of the
District of Columbia; and, to the greatest extent possible, consistent with the constitutional
mandate, relieve Congress of the burden of legislating upon essentially local District matters.

(b) Congress further intends to implement certain recommendations of the Commission
on the Organization of the Government of the District of Columbia and take certain other actions
irrespective of whether the charter for greater self-government provided for in title IV of this Act
[District Charter] is accepted or rejected by the registered qualified electors of the District of
Columbia.

DEFINITIONS

SEC. 103. [D.C. Code 1-202] For the purposes of this Act–

(1) The term “District” means the District of Columbia.

(2) The term “Council” means the Council of the District of Columbia provided for
by part A of title IV [D.C. Code 1-221, 1-225 to 1-229, 1-234].

(3) The term “Commissioner” means the Commissioner of the District of Columbia
established under Reorganization Plan Numbered 3 of 1967.

(4) The term “District of Columbia Council” means the Council of the District of
Columbia established under Reorganization Plan Numbered 3 of 1967.

(5) The term “Chairman” means, unless otherwise provided in this Act, the
Chairman of the Council provided for by part A of title IV [D.C. Code 1-221, 1-225 to 1-229,
1-234].

(6) The term “Mayor” means the Mayor provided for by part B of title IV [D.C.
Code 1-241, 1-242, 1-244].

(7) The term “Act” includes any legislation passed by the Council, except where
the term “Act” is used to refer to this Act or other Acts of Congress herein specified.

(8) The term “capital project” means any physical public betterment or
improvement, the acquisition of property of a permanent nature, or the purchase of equipment or
furnishings, and includes[:]

(A) costs of any preliminary plans, studies, and surveys in connection with
such betterment, improvement, acquisition, or purchase[;]

(B) costs incidental to such betterment, improvement, acquisition, or
purchase, and the financing thereof, including the cost of any election, professional fees, printing
or engraving, production and reproduction of documents, publication of notices, taking of title,
bond insurance, and interest during construction[;] and

(C) the reimbursement of any fund or account for amounts expended for
the payment of any such costs.

(9) The term “pending”, when applied to any capital project, means authorized but
not yet completed.

(10) The term “District revenues” means all funds derived from taxes, fees,
charges, miscellaneous receipts, grants and other forms of financial assistance, or the sale of
bonds, notes, or other obligations, and any funds administered by the District government under
cost sharing arrangements.

(11) The term “election”, unless the context otherwise provides, means an election
held pursuant to the provisions of this Act.

(12) The terms “publish” and “publication”, unless otherwise specifically provided
herein, mean publication in a newspaper of general circulation in the District.

(13) The term “District of Columbia Courts” means the Superior Court of the
District of Columbia and the District of Columbia Court of Appeals.

(14) The term “resources” means revenues, balances, enterprise or other revolving
funds, and funds realized from borrowing.

(15) The term “budget” means the entire request for appropriations or loan or
spending authority for all activities of all departments or agencies of the District of Columbia
financed from all existing, proposed, or anticipated resources, and shall include both operating
and capital expenditures.

TITLE II — GOVERNMENTAL REORGANIZATIONREDEVELOPMENT LAND AGENCY

SEC. 201. (a)-(d)[Amendment to the District of Columbia Redevelopment Act of 1945,
approved August 2, 1946 (60 Stat. 790; D.C. Code 5-801 et seq.)]

(e) [Uncodified] None of the amendments contained in this section shall be construed to
affect the eligibility of the District of Columbia Redevelopment Land Agency to continue
participation in the small business procurement programs under section 8(a) of the Small Business
Act (67 Stat. 547).

(f) [Uncodified] For the purpose of subsection 713(d) [D.C. Code 1-212.1(d)],
employees in the District of Columbia Redevelopment Land Agency shall be deemed to be
transferred to the District of Columbia as of the effective date of this title without a break in
service.

NATIONAL CAPITAL HOUSING AUTHORITY

SEC. 202. [D.C. Code 5-102] (a) The National Capital Housing Authority (hereinafter
referred to as the “Authority”) established under the District of Columbia Alley Dwelling Act
(D.C. Code, sec. 5-101 – 5-115) [approved June 12, 1934 (48 Stat. 930; D.C. Code 5-101 to
5-115),] shall be an agency of the District of Columbia government subject to the organizational
and reorganizational powers specified in sections 404(b) and 422(12) of this Act [D.C. Code
1-227(b) and 1-242(12)].

(b) All functions, powers, and duties of the President under the District of Columbia Alley
Dwelling Act [D.C. Code 5-101 to 5-115] shall be vested in and exercised by the
Commissioner [Mayor]. All employees, property (real and personal), and unexpended balances
(available or to be made available) of appropriations, allocations, and all other funds, and assets
and liabilities of the Authority are authorized to be transferred to the District of Columbia
government.

NATIONAL CAPITAL PLANNING COMMISSION AND MUNICIPAL PLANNING

SEC. 203. [Amendment to An Act Providing for a comprehensive development of the
park and playground system of the National Capital, approved June 6, 1924 (43 Stat. 463; D.C.
Code 1-2002)]

DISTRICT OF COLUMBIA MANPOWER ADMINISTRATION

SEC. 204. (a) [D.C. Code 36-701(a)] All functions of the Secretary of Labor
(hereafter in this section referred to as the “Secretary”) under section 3 of the Act entitled “An
Act to provide for the establishment of a national employment system and for cooperation with
the states in the promotion of such system, and for other purposes,” approved June 6, 1933 (29
U.S.C. 49-49k), with respect to the maintenance of a public employment service for the
District, are transferred to the Mayor. After the effective date of this transfer, the Secretary shall
maintain with the District the same relationship with respect to a public employment service in the
District, including the financing of such service, as he has with the States (with respect to a public
employment service in the states) generally.

(b) [D.C. Code 36-701(b)] The Commissioner [Mayor] is authorized and directed to
establish and administer a public employment service in the District and to that end he shall have
all necessary powers to cooperate with the Secretary in the same manner as a State under the Act
of June 6, 1933, specified in subsection (a) [of this section].

(c) [Amendment to An Act to provide for the establishment of a national employment
system and for cooperation with the States in the promotion of such system, and for other
purposes, approved June 6, 1933 (29 U.S.C. 49(b)].

(d) [D.C. Code 36-406] All functions of the Secretary of Labor and of the Director of
Apprenticeship under the Act entitled “An Act to provide for voluntary apprenticeship in the
District of Columbia”, approved May 20, 1946, 1933 (29 U.S.C. 49-49k) are transferred to
and shall be exercised by the Commissioner [Mayor]. The Office of Director of Apprenticeship
provided for in section 3 of such Act (D.C. Code, sec. 36-403) is abolished.

(e) [Uncodified] All functions of the Secretary under chapter 81 of title 5 of the United
States Code, with respect to the processing of claims filed by employees of the government of the
District for compensation for work injuries, are transferred to and shall be exercised by the
Commissioner [Mayor], effective the day after the day on which the District establishes an
independent personnel system or systems.

(f) [Uncodified] So much of the personnel, property, records, and unexpended balances
of appropriations, allocations, and other funds employed, held, used, available, or to be made
available in connection with functions transferred to the Commissioner [Mayor] by the provisions
of this section, as the Director of the Federal Office of Management and Budget shall determine,
are authorized to be transferred from the Secretary to the Commissioner [Mayor].

(g) [Uncodified] Any employee in the competitive service of the United States
transferred to the government of the District under the provisions of this section shall retain all the
rights, benefits, and privileges pertaining thereto held prior to such transfer.

(h) [Amendment to An Act To authorize the Secretary of the Navy to proceed with the
construction of certain public works in or in the vicinity of the District of Columbia, and for other
purposes, approved August 16, 1937 (P.L. 75-306; 50 Stat. 663].

TITLE III — DISTRICT CHARTER PREAMBLE, LEGISLATIVE

POWER, AND CHARTER AMENDING PROCEDURE

DISTRICT CHARTER PREAMBLE

SEC. 301. [D.C. Code 1-203] The charter for the District of Columbia set forth in title
IV [District Charter] shall establish the means of governance of the District following its
acceptance by a majority of the registered qualified electors of the District voting thereon in the
charter referendum held with respect thereto.

LEGISLATIVE POWER

SEC. 302. [D.C. Code 1-204] Except as provided in sections 601, 602, and 603 [D.C.
Code 1-206, 1-233, and 47-313], the legislative power of the District shall extend to all
rightful subjects of legislation within the District consistent with the Constitution of the United
States and the provisions of this Act subject to all the restrictions and limitations imposed upon
the States by the tenth section of the first article of the Constitution of the United States.

CHARTER AMENDING PROCEDURE

SEC. 303. [D.C. Code 1-205] (a) The charter set forth in title IV (including any
provision of law amended by such title), except sections 401(a) and 421(a) [D.C. Code
1-221(a) and 1-241(a)], and part C of such title [Appendix to Title 11, D.C. code], may be
amended by an act passed by the Council and ratified by a majority of the registered qualified
electors of the District voting in the referendum held for such ratification. The Chairman of the
Council shall submit all such acts to the Speaker of the House of Representatives and the
President of the Senate on the day the Board of Elections and Ethics certifies that such act was
ratified by a majority of the registered qualified electors voting thereon in such referendum.

(b) An amendment to the charter ratified by the registered electors shall take effect upon
the expiration of the 35-calendar-day period (excluding Saturdays, Sundays, holidays, and days on
which either House of Congress is not in session) following the date such amendment was
submitted to the Congress, or upon the date prescribed by such amendment, whichever is later,
unless during such 35-day period, there has been enacted into law a joint resolution, in accordance
with the procedures specified in section 604 of this act [D.C. Code 1-207], disapproving such
amendment. In any case in which any such joint resolution disapproving such an amendment has,
within such 35-day period, passed both Houses of Congress and has been transmitted to the
President, such resolution, upon becoming law subsequent to the expiration of such 35-day
period, shall be deemed to have repealed such amendment, as of the date such resolution becomes
law.

(c) The Board of Elections and Ethics shall prescribe such rules as are necessary with
respect to the distribution and signing of petitions and the holding of elections for ratifying
amendments to title IV of this Act [District Charter] according to the procedures specified in
subsection (a) [of this section].

(d) The amending procedure provided in this section may not be used to enact any law or
affect any law with respect to which the Council may not enact any act, resolution, or rule under
the limitations specified in sections 601, 602, and 603 [D.C. Code 1-206, 1-233, and 47-313].

TITLE IV — THE DISTRICT CHARTER

PART A — THE COUNCIL

Subpart 1 — Creation of the Council

CREATION AND MEMBERSHIP

SEC. 401. [D.C. Code 1-221] (a) There is established a Council of the District of
Columbia; and the members of the Council shall be elected by the registered qualified electors of
the District.

(b) (1) The Council established under subsection (a) [of this section] shall consist of
thirteen members elected on a partisan basis. The Chairman and four members shall be elected at
large in the District, and eight members shall be elected one each from the eight election wards
established[,] from time to time, under the District of Columbia Election Act [An Act To regulate
the election of delegates representing the District of Columbia to national political conventions,
and for other purposes, approved August 12, 1955 (69 Stat. 699; D.C. Code 1-1301 et seq.)].
The term of office of the members of the Council shall be four years, except as provided in
paragraph (3) [of this subsection], and shall begin at noon on January 2 of the year following their
election.

(2) In the case of the first election held for the office of member of the Council
after the effective date of this title [January 2, 1975], not more than two of the at-large members
(excluding the Chairman) shall be nominated by the same political party. Thereafter, a political
party may nominate a number of candidates for the office of at-large member of the Council equal
to one less than the total number of at-large members (excluding the Chairman) to be elected in
such election.

(3) To fill a vacancy in the Office of Chairman, the Board of Elections and Ethics
shall hold a special election in the District on the first Tuesday occurring more than one hundred
and fourteen days after the date on which such vacancy occurs, unless the Board of Elections and
Ethics determines that such vacancy could be more practicably filled in a special election held on
the same day as the next general election to be held in the District occurring within sixty days of
the date on which a special election would otherwise have been held under the provisions of this
paragraph. The person elected Chairman to fill a vacancy in the Office of Chairman shall take
office on the day in which the Board of Elections and Ethics certifies his election, and shall serve
as Chairman only for the remainder of the term during which such vacancy occurred. When the
Office of Chairman becomes vacant, the Council shall select one of the elected at-large members
of the Council to serve as Chairman and one to serve as Chairman pro tempore until the election
of a new Chairman.

(4) Of the members first elected after the effective date of this title [January 2,
1975], the Chairman and two members elected at large and four of the members elected from
election wards shall serve for four-year terms; and two of the at-large members and four of the
members elected from election wards shall serve for two-year terms. The members to serve the
four-year terms and the members to serve the two-year terms shall be determined by the Board of
Elections and Ethics by lot, except that not more than one of the at-large members nominated by
any political party shall serve for any such four-year term.

(c) The Council may establish and select such other officers and employees as it deems
necessary and appropriate to carry out the functions of the Council.

(d) (1) In the event of a vacancy in the Council of a member elected from a ward, the
Board of Elections and Ethics shall hold a special election in such ward to fill such vacancy on the
first Tuesday occurring more than one hundred and fourteen days after the date on which such
vacancy occurs, unless the Board of Elections and Ethics determines that such vacancy could be
more practicably filled in a special election held on the same day as the next general election to be
held in the District occurring within sixty days of the date on which a special election would
otherwise have been held under the provisions of this subsection. The person elected as a member
to fill a vacancy on the Council shall take office on the day on which the Board of Elections and
Ethics certifies his election, and shall serve as a member of the Council only for the remainder of
the term during which such vacancy occurred.

(2) In the event of a vacancy in the Office of Mayor, and if the Chairman becomes
a candidate for the Office of Mayor to fill such vacancy, the Office of Chairman shall be deemed
vacant as of the date of the filing of his candidacy. In the event of a vacancy in the Council of a
member elected at large, other than a vacancy in the Office of Chairman, who is affiliated with a
political party, the central committee of such political party shall appoint a person to fill such
vacancy, until the Board of Elections and Ethics can hold a special election to fill such vacancy,
and such special election shall be held on the first Tuesday occurring more than one hundred and
fourteen days after the date on which such vacancy occurs unless the Board of Elections and
Ethics determines that such vacancy could be more practicably filled in a special election held on
the same day as the next general election to be held in the District occurring within sixty days of
the date on which a special election would otherwise be held under the provisions of this
subsection. The person appointed to fill such vacancy shall take office on the date of his
appointment and shall serve as a member of the Council until the day on which the Board certifies
the election of the member elected to fill such vacancy in either a special election or a general
election. The person elected as a member to fill such a vacancy on the Council shall take office on
the day on which the Board of Elections and Ethics certifies his election, and shall serve as a
member of the Council only for the remainder of the term during which such vacancy occurred.
With respect to a vacancy on the Council of a member elected at large who is not affiliated with
any political party, the Council shall appoint a similarly non-affiliated person to fill such vacancy
until such vacancy can be filled in a special election in the manner prescribed in this paragraph.
Such person appointed by the Council shall take office and serve as a member at the same time
and for the same term as a member appointed by a central committee of a political party.

(3) Notwithstanding any other provision of this section, at no time shall there be
more than three members (including the Chairman) serving at large on the Council who are
affiliated with the same political party.

QUALIFICATIONS FOR HOLDING OFFICE

SEC. 402. [D.C. Code 1-225] No person shall hold the office of member of the
Council, including the Office of Chairman, unless he (a) is a qualified elector; (b) is domiciled in
the District and if he is nominated for election from a particular ward, resides in the ward from
which he is nominated; (c) has resided and been domiciled in the District for one year immediately
preceding the day on which the general or special election for such office is to be held; and (d)
holds no public office (other than his employment in and position as a member of the Council), for
which he is compensated in an amount in excess of his actual expenses in connection therewith,
except that nothing in this clause shall prohibit any such person, while a member of the Council,
from serving as a delegate or alternate delegate to a convention of a political party nominating
candidates for President and Vice President of the United States, or from holding an appointment
in a reserve component of an armed force of the United States other than a member serving on
active duty under a call for more than thirty days. A member of the Council shall forfeit his office
upon failure to maintain the qualifications required by this section, and[,] in the case of the
Chairman[,] section 403(c) [D.C. Code 1-226(c)].

COMPENSATION

SEC. 403. [D.C. Code 1-226] (a) Each member of the Council shall receive
compensation, payable in periodic installments, at a rate equal to the maximum rate as may be
established from time to time for grade 12 of the General Schedule under section 5332 of title 5
of the United States Code. On and after the end of the two-year period beginning on the day the
members of the Council first elected under this Act take office, the Council may, by act, increase
or decrease such rate of compensation. Such change in compensation, upon enactment by the
Council in accordance with the provisions of this Act, shall apply with respect to the term of
members of the Council beginning after the date of enactment of such change.

(b) All members of the Council shall receive additional allowances for actual and
necessary expenses incurred in the performance of their duties of office as may be approved by the
Council.

(c) The Chairman shall receive, in addition to the compensation to which he is entitled as
a member of the Council, $10,000 per annum, payable in equal installments, for each year he
serves as Chairman, but the Chairman shall not engage in any employment (whether as an
employee or as a self-employed individual) or hold any position (other than his position as
Chairman), for which he is compensated in an amount in excess of his actual expenses in
connection therewith.

POWERS OF THE COUNCIL

SEC. 404. [D.C. Code 1-227] (a) Subject to the limitations specified in title VI of this
Act [D.C. Code 1-206, 1-207, 1-233, and 47-313], the legislative power granted to the
District by this Act is vested in and shall be exercised by the Council in accordance with this Act.
In addition, except as otherwise provided in this Act, all functions granted to or imposed upon, or
vested in or transferred to the District of Columbia Council, as established by Reorganization Plan
Numbered 3 of 1967, shall be carried out by the Council in accordance with the provisions of this
Act.

(b) The Council shall have authority to create, abolish, or organize any office, agency,
department, or instrumentality of the government of the District and to define the powers, duties,
and responsibilities of any such office, agency, department, or instrumentality.

(c) The Council shall adopt and publish rules of procedures which shall include provisions
for adequate public notification of intended actions of the Council.

(d) Every act shall be published and codified upon becoming law as the Council may
direct.

(e) An act passed by the Council shall be presented by the Chairman of the Council to the
Mayor, who shall, within ten calendar days (excluding Saturdays, Sundays, and holidays) after the
act is presented to him, either approve or disapprove such act. If the Mayor shall approve such
act, he shall indicate the same by affixing his signature thereto, and such act shall become law
subject to the provisions of section 602(c) [D.C. Code 1-233(c)]. If the Mayor shall disapprove
such act, he shall, within ten calendar days (excluding Saturdays, Sundays, and holidays) after it is
presented to him, return such act to the Council setting forth in writing his reasons for such
disapproval. If any act so passed shall not be returned to the Council by the Mayor within ten
calendar days after it shall have been presented to him, the Mayor shall be deemed to have
approved it, and such act shall become law subject to the provisions of section 602(c) [D.C. Code
1-233(c)] unless the Council by a recess of ten days or more prevents its return, in which case it
shall not become law. If, within thirty calendar days after an act has been timely returned by the
Mayor to the Council with his disapproval, two-thirds of the members of the Council present and
voting vote to reenact such act, the act so reenacted shall become law subject to the provisions of
section 602(c) [D.C. Code 1-233(c)].

(f) In the case of any budget act adopted by the Council pursuant to section 446 [D.C.
Code 47-304] and submitted to the Mayor in accordance with subsection (e) of this section, the
Mayor shall have power to disapprove any items or provisions, or both, of such act and approve
the remainder. In any case in which the Mayor so disapproves of any item or provision, he shall
append to the act when he signs it a statement of the item or provision which he disapproves, and
shall, within such ten-day period, return a copy of the act and statement with his objections to the
Council. If, within thirty calendar days after any such item or provision so disapproved has been
timely returned by the Mayor to the Council, two-thirds of the members of the Council present
and voting vote to reenact any such item or provision, such item or provision so reenacted shall
be transmitted by the Chairman to the President of the United States. In any case in which the
Mayor fails to timely return any such item or provision so disapproved to the Council, the Mayor
shall be deemed to have approved such item or provision not returned, and such item or provision
not returned shall be transmitted by the Chairman to the President of the United States. In the
case of any budget act for a fiscal year which is a control year (as defined in section 305(4) of the
District of Columbia Financial Responsibility and Management Assistance Act of 1995[, approved
April 17, 1995 ( 109 Stat. 152; D.C. Code 47-393(4))]), this subsection shall apply as if the
reference in the second sentence to “ten-day period” were a reference to “five-day period” and the
reference in the third sentence to “thirty calendar days” were a reference to “5 calendar days.”

Subpart 2 — Organization and Procedure of the Council

THE CHAIRMAN

SEC. 411. [D.C. Code 1-228] (a) The Chairman shall be the presiding officer of the
Council.

(b) When the Office of Mayor is vacant, the Chairman shall act in his stead. While the
Chairman is Acting Mayor he shall not exercise any of his authority as Chairman or member of the
Council.

ACTS, RESOLUTIONS, AND REQUIREMENTS FOR QUORUM

SEC. 412. [D.C. Code 1-229] (a) The Council, to discharge the powers and duties
imposed herein, shall pass acts and adopt resolutions, upon a vote of a majority of the members of
the Council present and voting, unless otherwise provided in this Act or by the Council. Except as
provided in the last sentence of this subsection, the Council shall use acts for all legislative
purposes. Each proposed act (other than an act to which section 446 [D.C. Code 47-304]
applies) shall be read twice in substantially the same form, with at least thirteen days intervening
between each reading. Upon final adoption by the Council each act shall be made immediately
available to the public in a manner which the Council shall determine. If the Council determines,
by a vote of two-thirds of the members, that emergency circumstances make it necessary that an
act be passed after a single reading, or that it take effect immediately upon enactment, such act
shall be effective for a period of not to exceed ninety days.

Resolutions shall be used (1) to express simple determinations, decisions, or directions of
the Council of a special or temporary character; and (2) to approve or disapprove proposed
actions of a kind historically or traditionally transmitted by the Mayor, the Board of Elections,
Public Service Commission, Armory Board, Board of Education, the Board of Trustees of the
University of the District of Columbia, or the Convention Center Board of Directors to the
Council pursuant to an act. Such resolutions must be specifically authorized by that act and must
be designed to implement that act.

(b) A special election may be called by resolution of the Council to present for an
advisory referendum vote of the people any proposition upon which the Council desires to take
action.

(c) A majority of the Council shall constitute a quorum for the lawful convening of any
meeting and for the transaction of business of the Council, except a lesser number may hold
hearings.

INVESTIGATIONS BY THE COUNCIL

SEC. 413. [D.C. Code 1-234] (a) The Council, or any committee or person authorized
by it, shall have power to investigate any matter relating to the affairs of the District, and for that
purpose may require the attendance and testimony of witnesses and the production of books,
papers, and other evidence. For such purpose any member of the Council (if the Council is
conducting the inquiry) or any member of the committee may issue subpoenas, and administer
oaths upon resolution adopted by the Council or committee, as appropriate.

(b) In case of contumacy by, or refusal to obey a subpoena issued to, any person, the
Council by resolution may refer the matter to the Superior Court of the District of Columbia,
which may by order require such person to appear and give or produce testimony or books,
papers, or other evidence, bearing upon the matter under investigation. Any failure to obey such
order may be punished by such Court as a contempt thereof as in the case of failure to obey a
subpoena issued, or to testify, in a case pending before such Court.

PART B — THE MAYOR

ELECTION, QUALIFICATIONS, VACANCY, AND COMPENSATION

SEC. 421. [D.C. Code 1-241] (a) There is established the Office of Mayor of the
District of Columbia; and the Mayor shall be elected by the registered qualified electors of the
District.

(b) The Mayor, established by subsection (a) [of this section], shall be elected, on a
partisan basis, for a term of four years beginning at noon on January 2 of the year following his
election.

(c) (1) No person shall hold the Office of Mayor unless he (A) is a qualified elector, (B)
has resided and been domiciled in the District for one year immediately preceding the day on
which the general or special election for Mayor is to be held, and (C) is not engaged in any
employment (whether as an employee or as a self-employed individual) and holds no public office
or position (other than his employment in and position as Mayor), for which he is compensated in
an amount in excess of his actual expenses in connection therewith, except that nothing in this
clause shall be construed as prohibiting such person, while holding the Office of Mayor, from
serving as a delegate or alternate delegate to a convention of a political party nominating
candidates for President and Vice President of the United States, or from holding an appointment
in a reserve component of an armed force of the United States other than a member serving on
active duty under a call for more than thirty days. The Mayor shall forfeit his office upon failure to
maintain the qualifications required by this paragraph.

(2) To fill a vacancy in the Office of Mayor, the Board of Elections and Ethics
shall hold a special election in the District on the first Tuesday occurring more than one hundred
and fourteen which such vacancy occurs, unless the Board of Elections and Ethics determines that
such vacancy could be more practicably filled in a special election held on the same day as the
next general election to be held in the District occurring within sixty days of the date on which a
special election would otherwise have been held under the provisions of this paragraph. The
person elected Mayor to fill a vacancy in the Office of Mayor shall take office on the day on
which the Board of Elections and Ethics certifies his election, and shall serve as Mayor only for
the remainder of the term during which such vacancy occurred. When the Office of Mayor
becomes vacant the Chairman shall become Acting Mayor and shall serve from the date such
vacancy occurs until the date on which the Board of Elections and Ethics certifies the election of
the new Mayor at which time he shall again become Chairman. While the Chairman is Acting
Mayor, the Chairman shall receive the compensation regularly paid the Mayor, and shall receive
no compensation as Chairman or member of the Council. While the Chairman is Acting Mayor,
the Council shall select one of the elected at-large members of the Council to serve as Chairman
and one to serve as chairman pro tempore, until the return of the regularly elected Chairman.

(d) The Mayor shall receive compensation, payable in equal installments, at a rate equal to
the maximum rate, as may be established from time to time, for level III of the Executive
Schedule in section 5314 of title 5 of the United States Code. Such rate of compensation may be
increased or decreased by act of the Council. Such change in such compensation, upon enactment
by the Council in accordance with the provisions of this Act, shall apply with respect to the term
of Mayor next beginning after the date of such change. In addition, the Mayor may receive an
allowance, in such amount as the Council may from time to time establish, for official, reception,
and representation expenses, which he shall certify in reasonable detail to the Council.

POWERS AND DUTIES

SEC. 422. [D.C. Code 1-242] The executive power of the District shall be vested in the
Mayor who shall be the chief executive officer of the District government. In addition, except as
otherwise provided in this Act, all functions granted to or vested in the Commissioner of the
District of Columbia, as established under Reorganization Plan Numbered 3 of 1967, shall be
carried out by the Mayor in accordance with this Act. The Mayor shall be responsible for the
proper execution of all laws relating to the District, and for the proper administration of the affairs
of the District coming under his jurisdiction or control, including but not limited to the following
powers, duties, and functions:

(1) The Mayor may designate the officer or officers of the executive department of the
District who may, during periods of disability or absence from the District of the Mayor, execute
and perform the powers and duties of the Mayor.

(2) The Mayor shall administer all laws relating to the appointment, promotion, discipline,
separation, and other conditions of employment of personnel in the Office of the Mayor,
personnel in executive departments of the District, and members of boards, commissions, and
other agencies, who, under laws in effect on the date immediately preceding the effective date of
section 711(a) of this Act [January 2, 1975], were subject to appointment and removal by the
Commissioner of the District of Columbia. All actions affecting such personnel and such members
shall, until such time as legislation is enacted by the Council superseding such laws and
establishing a permanent District government merit system, pursuant to paragraph (3) [of this
section], continue to be subject to the provisions of acts of Congress relating to the appointment,
promotion, discipline, separation, and other conditions of employment applicable to officers and
employees of the District government, to section 713(d) of this Act [D.C. Code 1-212.1(d)],
and where applicable, to the provisions of the joint agreement between the Commissioners and the
Civil Service Commission authorized by Executive Order Numbered 5491 of November 18, 1930,
relating to the appointment of District personnel. He shall appoint or assign persons to positions
formerly occupied, ex officio, by the Commissioner of the District of Columbia or by the Assistant
to the Commissioner and shall have power to remove such persons from such positions. The
officers and employees of each agency with respect to which legislative power is delegated by this
Act and which immediately prior to the effective date of section 711(a) of this Act [January 2,
1975], was not subject to the administrative control of the Commissioner of the District, shall
continue to be appointed and removed in accordance with applicable laws until such time as such
laws may be superseded by legislation passed by the Council establishing a permanent District
government merit system pursuant to paragraph (3) [of this section].

(3) The Mayor shall administer the personnel functions of the District covering employees
of all District departments, boards, commissions, offices and agencies, except as otherwise
provided by this Act. Personnel legislation enacted by Congress prior to or after the effective date
of this section [January 2, 1975], including, without limitation, legislation relating to
appointments, promotions, discipline, separations, pay, unemployment compensation, health,
disability and death benefits, leave, retirement, insurance, and veterans’ preference applicable to
employees of the District government as set forth in section 714(c) [D.C. Code 1-213(c)], shall
continue to be applicable until such time as the Council shall, pursuant to this section, provide for
coverage under a District government merit system. The District government merit system shall
be established by act of the Council. The system may provide for continued participation in all or
part of the Federal Civil Service System and shall provide for persons employed by the District
government immediately preceding the effective date of such system personnel benefits, including
but not limited to pay, tenure, leave, residence, retirement, health and life insurance, and employee
disability and death benefits, all at least equal to those provided by legislation enacted by
Congress, or regulation adopted pursuant thereto, and applicable to such officers and employees
immediately prior to the effective date of the system established pursuant to this Act, except that
nothing in this Act shall prohibit the District from separating an officer or employee subject to
such system in the implementation of a financial plan and budget for the District government
approved under subtitle A of title II of the District of Columbia Financial Responsibility and
Management Assistance Act of 1995 [subpart B of subchapter VII of Chapter 3 of Title 47 of the
D.C. Code], and except that nothing in this section shall prohibit the District from paying an
employee overtime pay in accordance with section 7 of the Fair Labor Standards Act of 1938 (29
U.S.C. 207). The District government merit system shall take effect not earlier than one year
nor later than five years after the effective date of this section [January 2, 1975].

(4) The Mayor shall, through the heads of administrative boards, offices, and agencies,
supervise and direct the activities of such boards, offices, and agencies.

(5) The Mayor may submit drafts of acts to the Council.

(6) The Mayor may delegate any of his functions (other than the function of approving or
disapproving acts passed by the Council or the function of approving contracts between the
District and the Federal Government under section 731 [D.C. Code 1-1131.1]) to any officer,
employee, or agency of the executive office of the Mayor, or to any director of an executive
department who may, with the approval of the Mayor, make a further delegation of all or a part of
such functions to subordinates under his jurisdiction. Nothing in the previous sentence may be
construed to permit the Mayor to delegate any functions assigned to the Chief Financial Officer of
the District of Columbia under section 424 [D.C. Code 47-317.1 to 47-317.6], without regard
to whether such functions are assigned to the Chief Financial Officer under such section during a
control year (as defined in section 305(4) of the District of Columbia Financial Responsibility and
Management Assistance Act of 1995[, approved April 17, 1995 ( 109 Stat. 152; D.C. Code
47-393(4))]) or during any other year.

(7) The Mayor shall appoint a City Administrator, who shall serve at the pleasure of the
Mayor. The City Administrator shall be the chief administrative officer of the Mayor, and he shall
assist the Mayor in carrying out his functions under this Act, and shall perform such other duties
as may be assigned to him by the Mayor. The City Administrator shall be paid at a rate established
by the Mayor, not to exceed level IV of the Executive Schedule established under section 5315 of
title 5 of the United States Code.

(8) The Mayor may propose to the executive or legislative branch of the United States
government legislation or other action dealing with any subject, whether or not falling within the
authority of the District government, as defined in this Act.

(9) The Mayor, as custodian thereof, shall use and authenticate the corporate seal of the
District in accordance with law.

(10) The Mayor shall have the right, under rules to be adopted by the Council, to be heard
by the Council or any of its committees.

(11) The Mayor is authorized to issue and enforce administrative orders, not inconsistent
with this or any other Act of the Congress or any act of the Council, as are necessary to carry out
his functions and duties.

(12) The Mayor may reorganize the offices, agencies, and other entities within the
executive branch of the government of the District by submitting to the Council a detailed plan of
such reorganization. Such a reorganization plan shall be valid only if the Council does not adopt,
within sixty days (excluding Saturdays, Sundays, and holidays) after such reorganization plan is
submitted to it by the Mayor, a resolution disapproving such reorganization.

MUNICIPAL PLANNING

SEC. 423. [D.C. Code 1-244]. (a) The Mayor shall be the central planning agency for
the District. He shall be responsible for the coordination of planning activities of the municipal
government and the preparation and implementation of the District’s elements of the
comprehensive plan for the National Capital which may include land use elements, urban renewal
and redevelopment elements, a multi-year program of municipal public works for the District, and
physical, social, economic, transportation, and population elements. The Mayor’s planning
responsibility shall not extend to federal and international projects and developments in the
District, as determined by the National Capital Planning Commission, or to the United States
Capitol buildings and grounds as defined in sections 1 and 16 of the Act of July 31, 1946 [An Act
To define the area of the United States Capitol Grounds, to regulate the use thereof, and for other
purposes (60 Stat. 718, 721), D.C. Code 9-106 and 9-128], or to any extension thereof or
addition thereto, or to buildings and grounds under the care of the Architect of the Capitol. In
carrying out his responsibilities under this section, the Mayor shall establish procedures for citizen
involvement in the planning process and for appropriate meaningful consultation with any state or
local government or planning agency in the National Capital region affected by any aspect of a
proposed District element of the comprehensive plan (including amendments thereto) affecting or
relating to the District.

(b) The Mayor shall submit the District’s elements and amendments thereto to the Council
for revision or modification, and adoption by act, following public hearings. Following adoption
and prior to implementation, the Council shall submit such elements and amendments thereto to
the National Capital Planning Commission for review and comment with regard to the impact of
such elements or amendments on the interests and functions of the federal establishment, as
determined by the Commission.

(c) Such elements and amendments thereto shall be subject to and limited by
determinations with respect to the interests and functions of the federal establishment as
determined in the manner provided by act of Congress.

CHIEF FINANCIAL OFFICER OF THE DISTRICT OF COLUMBIA

SEC. 424. (a) [D.C. Code 47-317.1]. ESTABLISHMENT OF OFFICE. –

(1) IN GENERAL. — There is hereby established within the executive branch of
the government of the District of Columbia an Office of the Chief Financial Officer of the District
of Columbia (hereafter referred to as the “Office”), which shall be headed by the Chief Financial
Officer of the District of Columbia (hereafter referred to as the “Chief Financial Officer”).

(2) OFFICE OF THE TREASURER. — The Office shall include the Office of the
Treasurer, which shall be headed by the Treasurer of the District of Columbia, who shall be
appointed by the Chief Financial Officer and subject to the Chief Financial Officer’s direction and
control.

(3) TRANSFER OF OTHER OFFICES. — Effective with the appointment of the
first Chief Financial Officer under subsection (b) [D.C. Code 47-317.2], the functions and
personnel of the following offices are transferred to the Office:

(A) The Controller of the District of Columbia.

(B) The Office of the Budget.

(C) The Office of Financial Information Services.

(D) The Department of Finance and Revenue.

(4) SERVICE OF HEADS OF OTHER OFFICES. —

(A) OFFICE HEADS APPOINTED BY MAYOR. — With respect to the
head of the Office of the Budget and the head of the Department of Finance and Revenue:

(i) The Mayor shall appoint such individuals with the advice and
consent of the Council, subject to the approval of the Authority during a control year; and

(ii) During a control year, the Authority may remove such
individuals from office for cause, after consultation with the Mayor.

(B) OFFICE HEADS APPOINTED BY CHIEF FINANCIAL

OFFICER. — With respect to the Controller of the District of Columbia and the head of the Office
of Financial Information Services:

(i) The Chief Financial Officer shall appoint such individuals subject
to the approval of the Mayor; and

(ii) The Chief Financial Officer may remove such individuals from
office for cause, after consultation with the Mayor.

(b) [D.C. Code 47-317.2]. APPOINTMENT. —

(1) IN GENERAL. –

(A) CONTROL YEAR. — During a control year, the Chief Financial
Officer shall be appointed by the Mayor as follows:

(i) Prior to the appointment of the Chief Financial Officer, the
Authority may submit recommendations for the appointment to the Mayor.

(ii) In consultation with the Authority and the Council, the Mayor
shall nominate an individual for appointment and notify the Council of the nomination.

(iii) After the expiration of the 7-day period which begins on the
date the Mayor notifies the Council of the nomination under clause (ii), the Mayor shall notify the
Authority of the nomination.

(iv) The nomination shall be effective subject to approval by a
majority vote of the Authority.

(B) OTHER YEARS. — During a year other than a control year, the Chief
Financial Officer shall be appointed by the Mayor with the advice and consent of the Council.
Prior to appointment, the Authority may submit recommendations for the appointment.

(2) REMOVAL. —

(A) CONTROL YEAR. — During a control year, the Chief Financial
Officer may be removed for cause by the Authority or by the Mayor with the approval of the
Authority.

(B) OTHER YEARS. — During a year other than a control year, the Chief
Financial Officer shall serve at the pleasure of the Mayor, except that the Chief Financial Officer
may only be removed for cause.

(3) SALARY. — The Chief Financial Officer shall be paid at an annual rate
determined by the Mayor, except that such rate may not exceed the rate of basic pay payable for
level IV of the Executive Schedule.

(c) [D.C. Code 47-317.3]. FUNCTIONS DURING CONTROL YEAR. — During a
control year, the Chief Financial Officer shall have the following duties:

(1) Preparing the financial plan and budget for the use of the Mayor for purposes
of subtitle A of title II of the District of Columbia Financial Responsibility and Management
Assistance Act of 1995 [subpart B of subchapter VII of Chapter 3 of Title 47 of the D.C. Code].

(2) Preparing the budgets of the District of Columbia for the year for the use of the
Mayor for purposes of part D [D.C. Code 47-101, 47-301 to 47-305, 445 Title 11 appendix,
43-1691, 47-310, 47-312, 47-130, 1-1130, 31-104, 47-304.1, 47-117, 47-231, 47-231 to 47-235].

(3) Assuring that all financial information presented by the Mayor is presented in a
manner, and is otherwise consistent with, the requirements of the District of Columbia Financial
Responsibility and Management Assistance Act of 1995.

(4) Implementing appropriate procedures and instituting such programs, systems,
and personnel policies within the Officer’s authority, to ensure that budget, accounting and
personnel control systems and structures are synchronized for budgeting and control purposes on
a continuing basis.

(5) With the approval of the Authority, preparing and submitting to the Mayor and
the Council–

(A) Annual estimates of all revenues of the District of Columbia (without
regard to the source of such revenues), including proposed revenues, which shall be binding on
the Mayor and the Council for purposes of preparing and submitting the budget of the District
government for the year under part D [D.C. Code 47-101, 47-301 to 47-305, 445 Title 11
appendix, 43-1691, 47-310, 47-312, 47-130, 1-1130, 31-104, 47-304.1, 47-117, 47-231, 47-231
to 47-235], except that the Mayor and the Council may prepare the budget based on estimates of
revenues which are lower than those prepared by the Chief Financial Officer; and

(B) Quarterly re-estimates of the revenues of the District of Columbia
during the year.

(6) Supervising and assuming responsibility for financial transactions to ensure
adequate control of revenues and resources, and to ensure that appropriations are not exceeded.

(7) Maintaining systems of accounting and internal control designed to provide —

(A) Full disclosure of the financial impact of the activities of the District
government;

(B) Adequate financial information needed by the District government for
management purposes;

(C) Effective control over, and accountability for, all funds, property, and
other assets of the District of Columbia; and

(D) Reliable accounting results to serve as the basis for preparing and
supporting agency budget requests and controlling the execution of the budget.

(8) Submitting to the Council a financial statement of the District government,
containing such details and at such times as the Council may specify.

(9) Supervising and assuming responsibility for the assessment of all property
subject to assessment and special assessments within the corporate limits of the District of
Columbia for taxation, preparing tax maps, and providing such notice of taxes and special
assessments (as may be required by law).

(10) Supervising and assuming responsibility for the levying and collection of all
taxes, special assessments, licensing fees, and other revenues of the District of Columbia (as may
be required by law), and receiving all amounts paid to the District of Columbia from any source
(including the Authority).

(11) Maintaining custody of all public funds belonging to or under the control of
the District government (or any department or agency of the District government), and depositing
all amounts paid in such depositories and under such terms and conditions as may be designated
by the Council or the Authority.

(12) Maintaining custody of all investment and invested funds of the District
government or in possession of the District government in a fiduciary capacity, and maintaining
the safekeeping of all bonds and notes of the District government and the receipt and delivery of
District government bonds and notes for transfer, registration, or exchange.

(13) Apportioning the total of all appropriations and funds made available during
the year for obligation so as to prevent obligation or expenditure in a manner which would result
in a deficiency or a need for supplemental appropriations during the year, and (with respect to
appropriations and funds available for an indefinite period and all authorizations to create
obligations by contract in advance of appropriations) apportioning the total of such
appropriations, funds, or authorizations in the most effective and economical manner.

(14) Certifying all contracts (whether directly or through delegation) prior to
execution as to the availability of funds to meet the obligations expected to be incurred by the
District government under such contracts during the year.

(15) Prescribing the forms of receipts, vouchers, bills, and claims to be used by all
agencies, offices, and instrumentalities of the District government.

(16) Certifying and approving prior to payment all bills, invoices, payrolls, and
other evidences of claims, demands, or charges against the District government, and determining
the regularity, legality, and correctness of such bills, invoices, payrolls, claims, demands, or
charges.

(17) In coordination with the Inspector General of the District of Columbia,
performing internal audits of accounts and operations and records of the District government,
including the examination of any accounts or records of financial transactions, giving due
consideration to the effectiveness of accounting systems, internal control, and related
administrative practices of the departments and agencies of the District government.

(d) [D.C. Code 47-317.4]. FUNCTIONS DURING ALL YEARS. — At all times, the
Chief Financial Officer shall have the following duties:

(1) Exercising responsibility for the administration and supervision of the District
of Columbia Treasurer (except that the Chief Financial Officer may delegate any portion of such
responsibility as the Chief Financial Officer considers appropriate and consistent with efficiency).

(2) Administering all borrowing programs of the District government for the
issuance of long-term and short-term indebtedness.

(3) Administering the cash management program of the District government,
including the investment of surplus funds in governmental and non-governmental interest-bearing
securities and accounts.

(4) Administering the centralized District government payroll and retirement
systems.

(5) Governing the accounting policies and systems applicable to the District
government.

(6) Preparing appropriate annual, quarterly, and monthly financial reports of the
accounting and financial operations of the District government.

(7) Not later than 120 days after the end of each fiscal year (beginning with fiscal
year 1995), preparing the complete financial statement and report on the activities of the District
government for such fiscal year, for the use of the Mayor under section 448(a)(4) of the District
of Columbia Self-Government and Governmental Reorganization Act [Home Rule Act] [D.C.
Code 47-310(a)(4)].

(e) [D.C. Code 47-317.5]. FUNCTIONS OF TREASURER. — At all times, the
Treasurer shall have the following duties:

(1) Assisting the Chief Financial Officer in reporting revenues received by the
District government, including submitting annual and quarterly reports concerning the cash
position of the District government not later than 60 days after the last day of the quarter (or
year) involved. Such reports shall include:

(A) Comparative reports of revenue and other receipts by source, including
tax, nontax, and Federal revenues, grants and reimbursements, capital program loans, and
advances. Each source shall be broken down into specific components.

(B) Statements of the cash flow of the District government for the
preceding quarter or year, including receipts, disbursements, net changes in cash inclusive of the
beginning balance, cash and investment, and the ending balance, inclusive of cash and investment.
Such statements shall reflect the actual, planned, better or worse dollar amounts and the
percentage change with respect to the current quarter, year-to-date, and fiscal year.

(C) Quarterly cash flow forecast for the quarter or year involved, reflecting
receipts, disbursements, net change in cash inclusive of the beginning balance, cash and
investment, and the ending balance, inclusive of cash and investment with respect to the actual
dollar amounts for the quarter or year, and projected dollar amounts for each of the 3 succeeding
quarters.

(D) Monthly reports reflecting a detailed summary analysis of all District of
Columbia government investments, including, but not limited to:

(i) The total of long-term and short-term investments;

(ii) A detailed summary analysis of investments by type and amount,
including purchases, sales (maturities), and interest;

(iii) An analysis of investment portfolio mix by type and amount,
including liquidity, quality/risk of each security, and similar information;

(iv) An analysis of investment strategy, including near-term
strategic plans and projects of investment activity, as well as forecasts of future investment
strategies based on anticipated market conditions, and similar information; and

(v) An analysis of cash utilization, including:

(I) Comparisons of budgeted percentages of total cash to be
invested with actual percentages of cash invested and the dollar amounts;

(II) Comparisons of the next return on invested cash
expressed in percentages (yield) with comparable market indicators and established District of
Columbia government yield objectives; and

(III) Comparisons of estimated dollar return against actual
dollar yield.

(E) Monthly reports reflecting a detailed summary analysis of long-term
and short-term borrowings inclusive of debt as authorized by section 603 [D.C. Code 47-313],
in the current fiscal year and the amount of debt for each succeeding fiscal year not to exceed 5
years; all such reports shall reflect:

(i) The amount of debt outstanding by type of instrument;

(ii) The amount of authorized and unissued debt, including
availability of short-term lines of credit, United States Treasury borrowings, and similar
information;

(iii) A maturity schedule of the debt;

(iv) The rate of interest payable upon the debt; and

(v) The amount of debt service requirements and related debt
service reserves.

(2) Such other functions assigned to the Chief Financial Officer under subsection
(c) or subsection (d) [D.C. Code 47-317.3 or 47-317.4] as the Chief Financial Officer may
delegate.

(f) [D.C. Code 47-317.6]. DEFINITIONS.– In this section —

(1) The term “Authority” means the District of Columbia Financial Responsibility
and Management Assistance Authority established under section 101(a) of the District of
Columbia Financial Responsibility and Management Assistance Act of 1995 [D.C. Code
47-391.1(a)];

(2) The term “control year” has the meaning given such term under section 305(4)
of such Act [D.C. Code 47-393(4)]; and

(3) The term “District government” has the meaning given such term under section
305(5) of such Act [D.C. Code 47-393(5)].

PART C — THE JUDICIARYJUDICIAL POWERS

SEC. 431. [D.C. Code, Title 11, Appendix, 431] (a) The judicial power of the District
is vested in the District of Columbia Court of Appeals and the Superior Court of the District of
Columbia. The Superior Court has jurisdiction of any civil action or other matter (at law or in
equity) brought in the District and of any criminal case under any law applicable exclusively to the
District. The Superior Court has no jurisdiction over any civil or criminal matter over which a
United States court has exclusive jurisdiction pursuant to an Act of Congress. The Court of
Appeals has jurisdiction of appeals from the Superior Court and, to the extent provided by law, to
review orders and decisions of the Mayor, the Council, or any agency of the District. The District
of Columbia courts shall also have jurisdiction over any other matters granted to the District of
Columbia courts by other provisions of law.

(b) The chief judge of a District of Columbia court shall be designated by the District of
Columbia Judicial Nominating [Nomination] Commission established by section 434 from among
the judges of the court in regular active service, and shall serve as chief judge for a term of four
years or until a successor is designated, except that the term as chief judge shall not extend
beyond the chief judge’s term as a judge of a District of Columbia court. An individual shall be
eligible for redesignation as chief judge.

(c) A judge of a District of Columbia court appointed on or after the date of enactment of
the District of Columbia Court Reorganization Act of 1970 [District of Columbia Court Reform
and Criminal Procedure Act of 1970, approved July 29, 1970 (P.L. 91-358; 84 Stat. 473)] shall be
appointed for a term of fifteen years subject to mandatory retirement at age seventy-four or
removal, suspension, or involuntary retirement pursuant to section 432 and upon completion of
such term, such judge shall continue to serve until reappointed or a successor is appointed and
qualifies. A judge may be reappointed as provided in subsection (c) of section 433.

(d) (1) There is established a District of Columbia Commission on Judicial Disabilities and
Tenure (hereinafter referred to as the “Tenure Commission”). The Tenure Commission shall
consist of seven members selected in accordance with the provisions of subsection (e). Such
members shall serve for terms of six years, except that the member selected in accordance with
subsection (e)(3)(A) shall serve for five years; of the members first selected in accordance with
subsection (e)(3)(B), one member shall serve for three years and one member shall serve for six
years; of the members first selected in accordance with subsection (e)(3)(C), one member shall
serve for a term of three years and one member shall serve for five years; the member first
selected in accordance with subsection (e)(3)(D) shall serve for six years; and the member first
appointed in accordance with subsection (e)(3)(E) shall serve for six years. In making the
respective first appointments according to subsections (e)(3)(B) and (e)(3)(C), the Mayor and the
Board of Governors of the unified District of Columbia Bar shall designate, at the time of such
appointments, which member shall serve for the shorter term and which member shall serve for
the longer term.

(2) The Tenure Commission shall act only at meetings called by the Chairman or a
majority of the Tenure Commission held after notice has been given of such meeting to all Tenure
Commission members.

(3) The Tenure Commission shall choose annually, from among its members, a
Chairman and such other officers as it may deem necessary. The Tenure Commission may adopt
such rules of procedures not inconsistent with this Act as may be necessary to govern the business
of the Tenure Commission.

(4) The District government shall furnish to the Tenure Commission, upon the
request of the Tenure Commission, such records, information, services, and such other assistance
and facilities as may be necessary to enable the Tenure Commission properly to perform its
functions. Information so furnished shall be treated by the Tenure Commission as privileged and
confidential.

(e) (1) No person may be appointed to the Tenure Commission unless such person–

(A) is a citizen of the United States;

(B) is a bona fide resident of the District and has maintained an actual place
of abode in the District for at least ninety days immediately prior to appointment; and

(C) is not an officer or employee of the legislative branch or of an
executive or military department or agency of the United States (listed in sections 101 and 102 of
title 5 of the United States Code); and (except with respect to the person appointed or designated
according to paragraph (3)(E)) is not an officer or employee of the judicial branch of the United
States, or an officer or employee of the District government (including its judicial branch).

(2) Any vacancy on the Tenure Commission shall be filled in the same manner in
which the original appointment was made. Any person so appointed to fill a vacancy occurring
other than upon the expiration of a prior term shall serve only for the remainder of the unexpired
term of such person’s predecessor.

(3) In addition to all other qualifications listed in this section, lawyer members of
the Tenure Commission shall have the qualifications prescribed for persons appointed as judges of
the District of Columbia courts. Members of the Tenure Commission shall be appointed as
follows:

(A) One member shall be appointed by the President of the United States.

(B) Two members shall be appointed by the Board of Governors of the
unified District of Columbia Bar, both of whom shall have been engaged in the practice of law in
the District for at least five successive years preceding their appointment.

(C) Two members shall be appointed by the Mayor, one of whom shall not
be a lawyer.

(D) One member shall be appointed by the Council, and shall not be a
lawyer.

(E) One member shall be appointed by the chief judge of the United States
District Court for the District of Columbia, and such member shall be an active or retired Federal
judge serving in the District.

No person may serve at the same time on both the District of Columbia Judicial
Nomination Commission and on the District of Columbia Commission on Judicial Disabilities and
Tenure.

(f) Members of the Tenure Commission shall serve without compensation for services
rendered in connection with their official duties on the Commission.

(g) The Tenure Commission shall have the power to suspend, retire, or remove a judge of
a District of Columbia court as provided in section 432 and to make recommendations regarding
the appointment of senior judges of the District of Columbia courts as provided in section
11-1504 of the District of Columbia Code.

REMOVAL, SUSPENSION, AND INVOLUNTARY RETIREMENT

SEC. 432. [D.C. Code, Title 11, Appendix, 432] (a) (1) A judge of a District of
Columbia court shall be removed from office upon the filing in the District of Columbia Court of
Appeals by the Tenure Commission of an order of removal certifying the entry, in any court
within the United States, of a final judgment of conviction of a crime which is punishable as a
felony under Federal law or which would be a felony in the District.

(2) A judge of a District of Columbia court shall also be removed from office upon
affirmance of an appeal from an order of removal filed in the District of Columbia Court of
Appeals by the Tenure Commission (or upon expiration of the time within which such an appeal
may be taken) after a determination by the Tenure Commission of —

(A) willful misconduct in office,

(B) willful and persistent failure to perform judicial duties, or

(C) any other conduct which is prejudicial to the administration of justice
or which brings the judicial office into disrepute.

(b) A judge of a District of Columbia court shall be involuntarily retired from office when
(1) the Tenure Commission determines that the judge suffers from a mental or physical disability
(including habitual intemperance) which is or is likely to become permanent and which prevents,
or seriously interferes with, the proper performance of judicial duties, and (2) the Tenure
Commission files in the District of Columbia Court of Appeals an order of involuntary retirement
and the order is affirmed on appeal or the time within which an appeal may be taken from the
order has expired.

(c) (1) A judge of a District of Columbia court shall be suspended, without salary –

(A) upon —

(i) proof of conviction of a crime referred to in subsection (a)(1)
which has not become final, or

(ii) the filing of an order of removal under subsection (a)(2) which
has not become final; and

(B) upon the filing by the Tenure Commission of an order of suspension in
the District of Columbia Court of Appeals.

Suspension under this paragraph shall continue until termination of all appeals. If the conviction is
reversed or the order of removal is set aside, the judge shall be reinstated and shall recover any
salary and all other rights and privileges of office.

(2) A judge of a District of Columbia court shall be suspended from all judicial
duties, with such retirement salary as the judge may be entitled, upon the filing by the Tenure
Commission of an order of involuntary retirement under subsection (b) in the District of Columbia
Court of Appeals. Suspension shall continue until termination of all appeals. If the order of
involuntary retirement is set aside, the judge shall be reinstated and shall recover judicial salary
less any retirement salary received and shall be entitled to all the rights and privileges of office.

(3) A judge of a District of Columbia court shall be suspended from all or part of
the judge’s judicial duties, with salary, if the Tenure Commission, upon concurrence of five
members, (A) orders a hearing for the removal or retirement of the judge pursuant to this
subchapter and determines that such suspension is in the interest of the administration of justice,
and (B) files an order of suspension in the District of Columbia Court of Appeals. The suspension
shall terminate as specified in the order (which may be modified, as appropriate, by the Tenure
Commission) but in no event later than the termination of all appeals.

NOMINATION AND APPOINTMENT OF JUDGES

SEC. 433. [D.C. Code, Title 11, Appendix, 433] (a) Except as provided in section
434(d)(1), the President shall nominate, from the list of persons recommended by the District of
Columbia Judicial Nomination Commission established under section 434, and, by and with the
advice and consent of the Senate, appoint all judges of the District of Columbia courts.

(b) No person may be nominated or appointed a judge of a District of Columbia court
unless the person —

(1) is a citizen of the United States;

(2) is an active member of the unified District of Columbia Bar and has been
engaged in the active practice of law in the District for the five years immediately preceding the
nomination or for such five years has been on the faculty of a law school in the District, or has
been employed as a lawyer by the United States or the District of Columbia government;

(3) is a bona fide resident of the District of Columbia and has maintained an actual
place of abode in the District for at least ninety days immediately prior to the nomination, and
shall retain such residency while serving as such judge, except judges appointed prior to the
effective date of this part who retain residency as required by section 1501(a) of title 11 of the
District of Columbia Code shall not be required to be residents of the District to be eligible for
reappointment or to serve any term to which reappointed;

(4) is recommended to the President, for such nomination and appointment, by the
District of Columbia Judicial Nomination Commission; and

(5) has not served, within a period of two years prior to the nomination, as a
member of the Tenure Commission or of the District of Columbia Judicial Nomination
Commission.

(c) Not less than six months prior to the expiration of the judge’s term of office, any judge
of the District of Columbia courts may file with the Tenure Commission a declaration of
candidacy for reappointment. If a declaration is not so filed by any judge, a vacancy shall result
from the expiration of the term of office and shall be filled by appointment as provided in
subsections (a) and (b). If a declaration is so filed, the Tenure Commission shall, not less than
sixty days prior to the expiration of the declaring candidate’s term of office, prepare and submit to
the President a written evaluation of the declaring candidate’s performance during the present
term of office and the candidate’s fitness for reappointment to another term. If the Tenure
Commission determines the declaring candidate to be well qualified for reappointment to another
term, then the term of such declaring candidate shall be automatically extended for another full
term, subject to mandatory retirement, suspension, or removal. If the Tenure Commission
determines the declaring candidate to be qualified for reappointment to another term, then the
President may nominate such candidate, in which case the President shall submit to the Senate for
advice and consent the renomination of the declaring candidate as judge. If the President
determines not to so nominate such declaring candidate, the President shall nominate another
candidate for such position only in accordance with the provisions of subsections (a) and (b). If
the Tenure Commission determines the declaring candidate to be unqualified for reappointment to
another term, then the President shall not submit to the Senate for advice and consent the
renomination of the declaring candidate as judge and such judge shall not be eligible for
reappointment or appointment as a judge of a District of Columbia court.

DISTRICT OF COLUMBIA JUDICIAL NOMINATION COMMISSION

SEC. 434. [D.C. Code, Title 11, Appendix, 434] (a) There is established for the
District of Columbia the District of Columbia Judicial Nomination Commission (hereafter in this
section referred to as the “Commission”). The Commission shall consist of seven members
selected in accordance with the provisions of subsection (b). Such members shall serve for terms
of six years, except that the member selected in accordance with subsection (b)(4)(A) shall serve
for five years; of the members first selected in accordance with subsection (b)(4)(B), one member
shall serve for three years and one member shall serve for six years; of the members first selected
in accordance with subsection (b)(4)(C), one member shall serve for a term of three years and one
member shall serve for five years; the member first selected in accordance with subsection
(b)(4)(D) shall serve for six years; and the member first appointed in accordance with subsection
(b)(4)(E) shall serve for six years. In making the respective first appointments according to
subsections (b)(4)(B) and (b)(4)(C), the Mayor and the Board of Governors of the unified District
of Columbia Bar shall designate, at the time of such appointments, which member shall serve for
the shorter term and which member shall serve for the longer term.

(b) (1) No person may be appointed to the Commission unless the person —

(A) is a citizen of the United States;

(B) is a bona fide resident of the District and has maintained an actual place
of abode in the District for at least 90 days immediately prior to appointment; and

(C) is not a member, officer, or employee of the legislative branch or of an
executive or military department or agency of the United States (listed in sections 101 and 102 of
title 5 of the United States Code); and (except with respect to the person appointed or designated
according to paragraph (4)(E)) is not an officer or employee of the judicial branch of the United
States, or an officer or employee of the District government (including its judicial branch).

(2) Any vacancy on the Commission shall be filled in the same manner in which the
original appointment was made. Any person so appointed to fill a vacancy occurring other than
upon the expiration of a prior term shall serve only for the remainder of the unexpired term of
such person’s predecessor.

(3) It shall be the function of the Commission to submit nominees for appointment
to positions as judges of the District of Columbia courts in accordance with section 433 of this
Act.

(4) In addition to all other qualifications listed in this section, lawyer members of
the Commission shall have the qualifications prescribed for persons appointed as judges for the
District of Columbia courts. Members of the Commission shall be appointed as follows:

(A) One member shall be appointed by the President of the United States.

(B) Two members shall be appointed by the Board of Governors of the
unified District of Columbia Bar, both of whom shall have been engaged in the practice of law in
the District for at least five successive years preceding their appointment.

(C) Two members shall be appointed by the Mayor, one of whom shall not
be a lawyer.

(D) One member shall be appointed by the Council, and shall not be a
lawyer.

(E) One member shall be appointed by the chief judge of the United States
District Court for the District of Columbia, and such member shall be an active or retired Federal
judge serving in the District.

(5) Members of the Commission shall serve without compensation for services
rendered in connection with their official duties on the Commission.

(c) (1) The Commission shall act only at meetings called by the Chairman or a majority of
the Commission held after notice has been given of such meeting to all Commission members.
Meetings of the Commission may be closed to the public. Section 742 of this Act [D.C. Code 1-1504] shall not apply to meetings of the Commission.

(2) The Commission shall choose annually, from among its members, a Chairman,
and such other officers as it may deem necessary. The Commission may adopt such rules of
procedures not inconsistent with this Act as may be necessary to govern the business of the
Commission.

(3) The District government shall furnish to the Commission, upon the request of
the Commission, such records, information, services, and such other assistance and facilities as
may be necessary to enable the Commission properly to perform its function. Information,
records, and other materials furnished to or developed by the Commission in the performance of
its duties under this section shall be privileged and confidential. Section 552 of title 5, United
States Code (known as the Freedom of Information Act), shall not apply to any such materials.

(d) (1) In the event of a vacancy in any position of the judge of a District of Columbia
court, the Commission shall, within sixty days following the occurrence of such vacancy, submit
to the President, for possible nomination and appointment, a list of three persons for each
vacancy. If more than one vacancy exists at one given time, the Commission must submit lists in
which no person is named more than once and the President may select more than one nominee
from one list. Whenever a vacancy will occur by reason of the expiration of such judge’s term of
office, the Commission’s list of nominees shall be submitted to the President not less than sixty
days prior to the occurrence of such vacancy. In the event the President fails to nominate, for
Senate confirmation, one of the persons on the list submitted to the President under this section
within sixty days after receiving such list, the Commission shall nominate, and with the advice and
consent of the Senate, appoint one of those persons to fill the vacancy for which such list was
originally submitted to the President.

(2) In the event any person recommended by the Commission to the President
requests that the recommendation be withdrawn, dies, or in any other way becomes disqualified to
serve as a judge of the District of Columbia courts, the Commission shall promptly recommend to
the President one person to replace the person originally recommended.

(3) In no instance shall the Commission recommend any person, who in the event
of timely nomination following a recommendation by the Commission, does not meet, upon such
nomination, the qualifications specified in section 433.

(4) Upon submission to the President, the name of any individual recommended
under this subsection shall be made public by the Judicial Nomination Commission.

PART D — DISTRICT BUDGET AND FINANCIAL MANAGEMENT

Subpart 1 — Budget and Financial Management

FISCAL YEAR

SEC. 441. [D.C. Code 47-101] The fiscal year of the District shall, beginning on
October 1, 1976, commence on the first day of October of each year and shall end on the thirtieth
day of September of the succeeding calendar year. Such fiscal year shall also constitute the budget
and accounting year. However, the fiscal year for the Armory Board shall begin on the first day of
January and shall end on the thirty-first day of December of each calendar year.

SUBMISSION OF ANNUAL BUDGET

SEC. 442. [D.C. Code 47-301] (a) At such time as the Council may direct, the Mayor
shall prepare and submit to the Council each year, and make available to the public, an annual
budget for the District of Columbia government which shall include:

(1) The budget for the forthcoming fiscal year in such detail as the Mayor
determines necessary to reflect the actual financial condition of the District government for such
fiscal year, and specify the agencies and purposes for which funds are being requested; and which
shall be prepared on the assumption that proposed expenditures resulting from financial
transactions undertaken on either an obligation or cash outlay basis, for such fiscal year shall not
exceed estimated resources from existing sources and proposed resources;

(2) An annual budget message which shall include supporting financial and
statistical information on the budget for the forthcoming fiscal year and information on the
approved budgets and expenditures for the immediately preceding three fiscal years;

(3) A multiyear plan for all agencies of the District government as required under
section 443 [D.C. Code 47-302];

(4) A multiyear capital improvements plan for all agencies of the District
government as required under section 444 [D.C. Code 47-303];

(5) A program performance report comparing actual performance of as many
programs as is practicable for the last completed fiscal year against proposed goals for such
programs for such year, and, in addition, presenting as many qualitative or quantitative measures
of program effectiveness as possible (including results of statistical sampling or other special
analyses), and indicating the status of efforts to comply with the reports of the District of
Columbia Auditor and the Comptroller General of the United States;

(6) An issue analysis statement consisting of a reasonable number of issues,
identified by the Council in its action on the budget in the preceding fiscal year, having significant
revenue or budgetary implications, and other similar issues selected by the Mayor, which shall
consider the cost and benefits of alternatives and the rationale behind action recommended or
adopted; and

(7) A summary of the budget for the forthcoming fiscal year designed for
distribution to the general public.

(b) The budget prepared and submitted by the Mayor shall include, but not be limited to,
recommended expenditures at a reasonable level for the forthcoming fiscal year for the Council,
the District of Columbia Auditor, the District of Columbia Board of Elections and Ethics, the
District of Columbia Judicial Nomination Commission, the Zoning Commission of the District of
Columbia, the Public Service Commission, the Armory Board, the Commission on Judicial
Disabilities and Tenure, and the District of Columbia Water and Sewer Authority.

(c) The Mayor from time to time may prepare and submit to the Council such proposed
supplemental or deficiency budget recommendations as in his judgment are necessary on account
of laws enacted after transmission of the budget or are otherwise in the public interest. The Mayor
shall submit with such proposals a statement of justifications, including reasons for their omission
from the annual budget. Whenever such proposed supplemental or deficiency budget
recommendations are in an amount which would result in expenditures in excess of estimated
resources, the Mayor shall make such recommendations as are necessary to increase resources to
meet such increased expenditures.

(d) The Mayor shall prepare and submit to the Council a proposed supplemental or
deficiency budget recommendation under subsection (c) [of this section] if the Council by
resolution requests the Mayor to submit such a recommendation.

MULTIYEAR PLAN

SEC. 443. [D.C. Code 47-302] The Mayor shall prepare and include in the annual
budget a multiyear plan for all agencies included in the District budget, for all sources of funding,
and for such program categories as the Mayor identifies. Such plan shall be based on the actual
experience of the immediately preceding three fiscal years, on the approved current fiscal year
budget, and on estimates for at least the four succeeding fiscal years. The plan shall include, but
not be limited to, provisions identifying:

(1) Future cost implications of maintaining programs at currently authorized levels,
including anticipated changes in wage, salary, and benefit levels;

(2) Future cost implications of all capital projects for which funds have already been
authorized, including identification of the amount of already appropriated but unexpended capital
project funds;

(3) Future cost implications of new, improved, or expanded programs and capital project
commitments proposed for each of the succeeding four fiscal years;

(4) The effects of current and proposed capital projects on future operating budget
requirements;

(5) Revenues and funds likely to be available from existing revenue sources at current
rates or levels;

(6) The specific revenue and tax measures recommended for the forthcoming fiscal year
and for the next following fiscal year necessary to balance revenues and expenditures;

(7) The actuarial status and anticipated costs and revenues of retirement systems covering
District employees; and

(8) Total debt service payments in each fiscal year in which debt service payments must be
made for all bonds which have been or will be issued, and all loans from the United States
Treasury which have been or will be received, to finance the total cost on a full funding basis of all
projects listed in the capital improvements plan prepared under section 444 [D.C. Code
47-303]; and for each such fiscal year, the percentage relationship of the total debt service
payments (with payments for issued and proposed bonds and loans from the United States
Treasury, received or proposed, separately identified) to the bonding limitation for the current and
forthcoming fiscal year as specified in section 603(b) [D.C. Code 47-313 (b)].

MULTIYEAR CAPITAL IMPROVEMENT PLAN

SEC. 444. [D.C. Code 47-303] The Mayor shall prepare and include in the annual
budget a multiyear capital improvements plan for all agencies of the District which shall be based
upon the approved current fiscal year budget and shall include:

(1) The status, estimated period of usefulness, and total cost of each capital project on a
full funding basis for which any appropriation is requested or any expenditure will be made in the
forthcoming fiscal year and at least four fiscal years thereafter, including an explanation of change
in total cost in excess of 5 per centum for any capital project included in the plan of the previous
fiscal year;

(2) An analysis of the plan, including its relationship to other programs, proposals, or
elements developed by the Mayor as the central planning agency for the District pursuant to
section 423 of this Act [D.C. Code 1-244];

(3) Identification of the years and amounts in which bonds would have to be issued, loans
made, and costs actually incurred on each capital project identified; and

(4) Appropriate maps or other graphics.

DISTRICT OF COLUMBIA COURTS’ BUDGET

SEC. 445. [D.C. Code, Title 11, Appendix, 445] The District of Columbia courts shall
prepare and annually submit to the Director of the Office of Management and Budget, for
inclusion in the annual budget, annual estimates of the expenditures and appropriations necessary
for the maintenance and operation of the District of Columbia court system. The courts
shall submit as part of their budgets both a multiyear plan and a multiyear capital improvements
plan and shall submit a statement presenting qualitative and quantitative descriptions of court
activities and the status of efforts to comply with reports of the Comptroller General of the United
States.

WATER AND SEWER AUTHORITY BUDGET

SEC. 445A. [D.C. Code 43-1691] (a) IN GENERAL.–The District of Columbia
Water and Sewer Authority established pursuant to the Water and Sewer Authority Establishment
and Department of Public Works Reorganization Act of 1996[, effective April 18, 1996 (D.C.
Law 11-111; D.C. Code 43-1661 et seq.)] shall prepare and annually submit to the Mayor, for
inclusion in the annual budget, annual estimates of the expenditures and appropriations necessary
for the operation of the Authority for the year. All such estimates shall be forwarded by the
Mayor to the Council for its action pursuant to sections 446 and 603(c) [D.C. Code 47-304
and 47-313(c)], without revision but subject to his recommendations. Notwithstanding any other
provision of this Act, the Council may comment or make recommendations concerning such
annual estimates, but shall have no authority under this Act to revise such estimates.

(b) PERMITTING EXPENDITURE OF EXCESS REVENUES FOR CAPITAL

PROJECTS IN EXCESS OF BUDGET.–Notwithstanding the amount appropriated for the
District of Columbia Water and Sewer Authority for capital projects for a fiscal year, if the
revenues of the Authority for the year exceed the estimated revenues of the Authority provided in
the annual budget of the District of Columbia for the fiscal year, the Authority may obligate or
expend an additional amount for capital projects during the year equal to the amount of such
excess revenues.

ENACTMENT OF APPROPRIATIONS BY CONGRESS

SEC. 446. [D.C. Code 47-304] The Council, within fifty calendar days after receipt of
the budget proposal from the Mayor, and after public hearing, shall by act adopt the annual
budget for the District of Columbia government. Any supplements thereto shall also be adopted
by act by the Council after public hearing. Such budget so adopted shall be submitted by the
Mayor to the President for transmission by him to the Congress. Except as provided in section
445A(b), section 467(d), section 471(c), section 472(d)(2), section 475(e)(2), section 483(d), and
section 490(f), (g), and (h)(3) [D.C. Code 43-1691(b), 47-326.1(d), 47-327(c), 47-328(d)(2),
47-330.1(e)(2), 47-331.2(d), and subsections (f), (g), and (h)(3) of 47-334], no amount may be
obligated or expended by any officer or employee of the District of Columbia government unless
such amount has been approved by Act of Congress, and then only according to such Act.
Notwithstanding any other provision of this Act, the Mayor shall not transmit any annual budget
or amendments or supplements thereto, to the President of the United States until the completion
of the budget procedures contained in this Act. After the adoption of the annual budget for a
fiscal year (beginning with the annual budget for fiscal year 1995), no reprogramming of amounts
in the budget may occur unless the Mayor submits to the Council a request for such
reprogramming and the Council approves the request, but only if any additional expenditures
provided under such request for an activity are offset by reductions in expenditures for another
activity.

CONSISTENCY OF BUDGET, ACCOUNTING, AND PERSONNEL SYSTEMS

SEC. 447. [D.C. Code 47-305] The Mayor shall implement appropriate procedures to
insure that budget, accounting, and personnel control systems and structures are synchronized for
budgeting and control purposes on a continuing basis. No employee shall be hired on a full-time
or part-time basis unless such position is authorized by act of Congress. Employees shall be
assigned in accordance with the program, organization, and fund categories specified in the act of
Congress authorizing such position. Hiring of temporary employees and temporary employee
transfers among programs shall be consistent with applicable acts of Congress and reprogramming
procedures to insure that costs are accurately associated with programs and sources of funding.

FINANCIAL DUTIES OF THE MAYOR

SEC. 448. [D.C. Code 47-310] (a) Subject to the limitations in section 603 [D.C. Code
47-313], the Mayor shall have charge of the administration of the financial affairs of the District
and to that end he shall:

(1) Supervise and be responsible for all financial transactions to insure adequate
control of revenues and resources and to insure that appropriations are not exceeded;

(2) Maintain systems of accounting and internal control designed to provide:

(A) Full disclosure of the financial results of the District government’s
activities;

(B) Adequate financial information needed by the District government for
management purposes;

(C) Effective control over and accountability for all funds, property, and
other assets;

(D) Reliable accounting results to serve as the basis for preparing and
supporting agency budget requests and controlling the execution of the budget;

(3) Submit to the Council a financial statement in any detail and at such times as
the Council may specify;

(4) Submit to the Council, by February 1 of each fiscal year, a complete financial
statement and report for the preceding fiscal year;

(5) Supervise and be responsible for the assessment of all property subject to
assessment and special assessments within the corporate limits of the District for taxation, prepare
tax maps, and give such notice of taxes and special assessments, as may be required by law;

(6) Supervise and be responsible for the levying and collection of all taxes, special
assessments, license fees, and other revenues of the District, as required by law, and receive all
moneys receivable by the District from the Federal Government or from any agency or
instrumentality of the District, except that this paragraph shall not apply to moneys from the
District of Columbia Courts;

(7) Have custody of all public funds belonging to or under the control of the
District, or any agency of the District government, and deposit all funds coming into his hands, in
such depositories as may be designated and under such terms and conditions as may be prescribed
by act of the Council;

(8) Have custody of all investments and invested funds of the District government,
or in possession of such government in a fiduciary capacity, and have the safekeeping of all bonds
and notes of the District and the receipt and delivery of District bonds and notes for transfer,
registration, or exchange; and

(9) Apportion the total of all appropriations and funds made available during the
fiscal year for obligation so as to prevent obligation or expenditure thereof in a manner which
would indicate a necessity for deficiency or supplemental appropriations for such fiscal year, and
with respect to all appropriations or funds not limited to a definite period, and all authorizations
to create obligations by contract in advance of appropriations, apportion the total of such
appropriations or funds or authorizations so as to achieve the most effective and economical use
thereof.

(b) Notwithstanding subsection (a) [of this section], the Mayor may make any payments
required by subsection (b) or subsection (c) of section 483 [D.C. Code 47-331.2(b) or (c)] and
take any actions authorized by an act of the Council under section 467(b) [D.C. Code
47-326.1(b)] or under subsection (a)(4)(A), or subsection (e), of section 490 [D.C. Code
47-334(a)(4)(A) or (e)].

ACCOUNTING SUPERVISION AND CONTROL

SEC. 449. [D.C. Code 47-312] The Mayor shall:

(1) Prescribe the forms of receipts, vouchers, bills, and claims to be used by all the
agencies, offices, and instrumentalities of the District government;

(2) Examine and approve all contracts, orders, and other documents by which the District
government incurs financial obligations, having previously ascertained that money has been
appropriated and allotted and will be available when the obligations shall become due and payable;

(3) Audit and approve before payment all bills, invoices, payrolls, and other evidences of
claims, demands, or charges against the District government and with the advice of the legal
officials of the District determine the regularity, legality, and correctness of such claims, demands,
or charges; and

(4) Perform internal audits of accounts and operations and agency records of the District
government, including the examination of any accounts or records of financial transactions, giving
due consideration to the effectiveness of accounting systems, internal control, and related
administrative practices of the respective agencies.

GENERAL AND SPECIAL FUNDS

SEC. 450. [D.C. Code 47-130] The General Fund of the District shall be composed of
those District revenues which on the effective date of this title [January 2, 1975] are paid into the
Treasury of the United States and credited either to the General Fund of the District or its
miscellaneous receipts, but shall not include any revenues which are applied by law to any special
fund existing on the date of enactment of this title [January 2, 1975]. The Council may from time
to time establish such additional special funds as may be necessary for the efficient operation of
the government of the District. All money received by any agency, officer, or employee of the
District in its or his official capacity shall belong to the District government and shall be paid
promptly to the Mayor for deposit in the appropriate fund, except that all money received by the
District of Columbia Courts shall be deposited in the Treasury of the United States or the Crime
Victims Fund.

SPECIAL RULES REGARDING CERTAIN CONTRACTS

SEC. 451 [D.C. Code 1-1130] (a) CONTRACTS EXTENDING BEYOND ONE
YEAR.– No contract involving expenditures out of an appropriation which is available for more
than one year shall be made for a period of more than five years unless, with respect to a
particular contract, the Council, by a two-thirds vote of its members present and voting,
authorizes the extension of such period for such contract. Such contracts shall be made pursuant
to criteria established by act of the Council.

(b) CONTRACTS EXCEEDING CERTAIN AMOUNT.–

(1) IN GENERAL.– No contract involving expenditures in excess of $1,000,000
during a 12-month period may be made unless the Mayor submits the contract to the Council for
its approval and the Council approves the contract (in accordance with criteria established by act
of the Council).

(2) DEEMED APPROVAL.– For purposes of paragraph (1), the Council shall be
deemed to approve a contract if —

(A) during the 10-day period beginning on the date the Mayor submits the
contract to the Council, no member of the Council introduces a resolution approving or
disapproving the contract; or

(B) during the 45-calendar day period beginning on the date the Mayor
submits the contract to the Council, the Council does not disapprove the contract.

(c) [MULTIYEAR CONTRACTS.–]

(1) The District may enter into multiyear contracts to obtain goods and services for
which funds would otherwise be available for obligation only within the fiscal year for which
appropriated.

(2) If the funds are not made available for the continuation of such a contract into
a subsequent fiscal year, the contract shall be cancelled or terminated, and the cost of cancellation
or termination may be paid from —

(A) appropriations originally available for the performance of the contract
concerned;

(B) appropriations currently available for procurement of the type of
acquisition covered by the contract, and not otherwise obligated; or

(C) funds appropriated for those payments.

(3) No contract entered into under this subsection shall be valid unless the Mayor
submits the contract to the Council for its approval and the Council approves the contract (in
accordance with criteria established by act of the Council). The Council shall be required to take
affirmative action to approve the contract within 45 days. If no action is taken to approve the
contract within 45 calendar days, the contract shall be deemed disapproved.

(d) EXEMPTION FOR CERTAIN CONTRACTS– The requirements of this section shall
not apply with respect to any of the following contracts:

(1) Any contract entered into by the Washington Convention Center Authority for
preconstruction activities, project management, design, or construction.

(2) Any contract entered into by the District of Columbia Water and Sewer
Authority established pursuant to the Water and Sewer Authority Establishment and Department
of Public Works Reorganization Act of 1996[, effective April 18, 1996 (D.C. Law 11-111; D.C.
Code 43-1661 et seq.)], other than contracts for the sale or lease of the Blue Plains Wastewater
Treatment Plant.

(3) At the option of the Council, any contract for a highway improvement project
carried out under title 23, United States Code.

ANNUAL BUDGET FOR THE BOARD OF EDUCATION

SEC. 452. [D.C. Code 31-104] With respect to the annual budget for the Board of
Education in the District of Columbia, the Mayor and the Council may establish the maximum
amount of funds which will be allocated to the Board, but may not specify the purposes for which
such funds may be expended or the amount of such funds which may be expended for the various
programs under the jurisdiction of the Board of Education. This section shall not apply with
respect to the annual budget for any fiscal year which is a control year (as defined in section
305(4) of the of the District of Columbia Financial Responsibility and Management Assistance
Act of 1995[, approved April 17, 1995 ( 109 Stat. 152; D.C. Code 47-393(4))]).

REDUCTIONS IN BUDGETS OF INDEPENDENT AGENCIES

SEC. 453. [D.C. Code 47-304.1] (a) In accordance with subsection (b) [of this section]
and except as provided in subsection (c) [of this section], the Mayor may reduce amounts
appropriated or otherwise made available to independent agencies of the District of Columbia
(including the Board of Education) for a fiscal year if the Mayor determines that it is necessary to
reduce such amounts to balance the District’s budget for the fiscal year.

(b) (1) The Mayor may not make any reduction pursuant to subsection (a) [of this
section] unless the Mayor submits a proposal to make such a reduction to the Council and the
Council approves the proposal.

(2) A proposal submitted by the Mayor under paragraph (1) [of this subsection]
shall be deemed to be approved by the Council:

(A) If no member of the Council files a written objection to the proposal
with the Secretary of the Council before the expiration of the 10-day period that begins on the
date the Mayor submits the proposal; or

(B) If a member of the Council files such a written objection during the
period described in subparagraph (A) [of this paragraph], if the Council does not disapprove the
proposal prior to the expiration of the 45-day period that begins on the date the member files the
written objection.

(3) The periods described in subparagraphs (A) and (B) of paragraph (2) [of this
subsection] shall not include any days which are days of recess for the Council (according to the
Council’s rules).

(c) Subsection (a) [of this section] shall not apply to amounts appropriated or otherwise
made available to the Council, the District of Columbia Financial Responsibility and Management
Assistance Authority established under section 101(a) of the District of Columbia Financial
Responsibility and Management Assistance Act of 1995[, approved April 17, 1995 (109 Stat. 100;
D.C. Code 47-391.1(a)], or the District of Columbia Water and Sewer Authority established
pursuant to [section 202 of] the Water and Sewer Authority Establishment and Department of
Public Works Reorganization Act of 1996[, effective April 18, 1996 (D.C. Law 11-111; D.C.
Code 43-1672].

Subpart 2 — Audit

DISTRICT OF COLUMBIA AUDITOR

SEC. 455. [D.C. Code 47-117]. (a) There is established for the District of Columbia the
Office of District of Columbia Auditor who shall be appointed by the Chairman, subject to the
approval of a majority of the Council. The District of Columbia Auditor shall serve for a term of
six years and shall be paid at a rate of compensation as may be established from time to time by
the Council.

(b) The District of Columbia Auditor shall each year conduct a thorough audit of the
accounts and operations of the government of the District in accordance with such principles and
procedures and under such rules and regulations as he may prescribe. In the determination of the
auditing procedures to be followed and the extent of the examination of vouchers and other
documents and records, the District of Columbia Auditor shall give due regard to generally
accepted principles of auditing including the effectiveness of the accounting organizations and
systems, internal audit and control, and related administrative practices.

(c) The District of Columbia Auditor shall have access to all books, accounts, records,
reports, findings and all other papers, things, or property belonging to or in use by any
department, agency, or other instrumentality of the District government and necessary to facilitate
the audit.

(d) The District of Columbia Auditor shall submit his audit reports to the Congress, the
Mayor, and the Council. Such reports shall set forth the scope of the audits conducted by him and
shall include such comments and information as the District of Columbia Auditor may deem
necessary to keep the Congress, the Mayor, and the Council informed of the operations to which
the reports relate, together with such recommendations with respect thereto as he may deem
advisable.

(e) The Council shall make such report, together with such other material as it deems
pertinent thereto, available for public inspection.

(f) The Mayor shall state in writing to the Council, within an appropriate time, what
action he has taken to effectuate the recommendations made by the District of Columbia Auditor
in his reports.

(g) This section shall not apply to the District of Columbia Courts or the accounts and
operations thereof.

PERFORMANCE AND FINANCIAL ACCOUNTABILITY

SEC. 456. (a) [D.C. Code 47-231] PERFORMANCE ACCOUNTABILITY PLAN. –

(1) SUBMISSION OF ANNUAL PLAN.–Not later than March 1 of each year
(beginning with 1998), the District of Columbia Financial Responsibility and Management
Assistance Authority shall develop and submit to the Committee on Government Reform and
Oversight of the House of Representatives, the Committee on Governmental Affairs of the
Senate, the Committees on Appropriations of the House of Representatives and the Senate, and
the Comptroller General a performance accountability plan for all departments, agencies, and
programs of the government of the District of Columbia for the subsequent fiscal year.

(2) CONTENTS OF PLAN.–The performance accountability plan for a fiscal
year shall contain the following:

(A) A statement of measurable, objective performance goals established for
all significant activities of the government of the District of Columbia during the fiscal year
(including activities funded in whole or in part by the District but performed in whole or in part by
some other public or private entity) that describe an acceptable level of performance by the
government and a superior level of performance by the government.

(B) A description of the measures of performance to be used in
determining whether the government has met the goals established under paragraph (1) of this
subsection with respect to an activity for a fiscal year. Such measures shall analyze the quantity
and quality of the activities involved, and shall include measures of program outcomes and results.

(C) The title of the District of Columbia management employee most
directly responsible for the achievement of each goal and the title of such employee’s immediate
supervisor or superior.

(3) DESCRIPTION OF ACTIVITIES SUBJECT TO COURT ORDER.–In
addition to the material included in the performance accountability plan for a fiscal year under
paragraph (2) [of this section], the plan shall include a description of the activities of the
government of the District of Columbia that are subject to a court order during the fiscal year and
the requirements placed on such activities by the court order.

(b) [D.C. Code 47-232] PERFORMANCE ACCOUNTABILITY REPORT.–

(1) SUBMISSION OF REPORT.–Not later than March 1 of each year (beginning
with 1999), the Authority shall develop and submit to the Committee on Government Reform and
Oversight of the House of Representatives, the Committee on Governmental Affairs of the
Senate, the Committees on Appropriations of the House of Representatives and the Senate, and
the Comptroller General a performance accountability report on activities of the government of
the District of Columbia during the fiscal year ending on the previous September 30.

(2) CONTENTS OF REPORT.–The performance accountability report for a
fiscal year shall contain the following:

(A) For each goal of the performance accountability plan submitted under
subsection (a) [D.C. Code 47-231] for the year, a statement of the actual level of performance
achieved compared to the stated goal for an acceptable level of performance and the goal for a
superior level of performance.

(B) The title of the District of Columbia management employee most
directly responsible for the achievement of each goal and the title of such employee’s immediate
supervisor or superior.

(C) A statement of the status of any court orders applicable to the
government of the District of Columbia during the year and the steps taken by the government to
comply with such orders.

(3) EVALUATION OF REPORT.–The Comptroller General, in consultation
with the Director of the Office of Management and Budget, shall review and evaluate each
performance accountability report submitted under this subsection and not later than April 15 of
each year shall submit comments on such report to the Committee on Government Reform and
Oversight of the House of Representatives, the Committee on Governmental Affairs of the
Senate, and the Committees on Appropriations of the House of Representatives and the Senate.

(c) [D.C. Code 47-233] FINANCIAL ACCOUNTABILITY PLAN AND REPORT.–

(1) DEVELOPMENT AND SUBMISSION.–Not later than March 1 of each year
(beginning with 1997), the Chief Financial Officer shall develop and submit to the Committee on
Government Reform and Oversight of the House of Representatives, the Committee on
Governmental Affairs of the Senate, the Committees on Appropriations of the House of
Representatives and the Senate, and the Comptroller General a 5-year financial plan for the
government of the District of Columbia that contains a description of the steps the government
will take to eliminate any differences between expenditures from, and revenues attributable to,
each fund of the District of Columbia during the first 5 fiscal years beginning after the submission
of the plan.

(2) REPORT ON COMPLIANCE.–

(A) SUBMISSION OF REPORT.–Not later than March 1 of every year
(beginning with 1999), the Chief Financial Officer shall submit a report to the Committee on
Government Reform and Oversight of the House of Representatives, the Committee on
Governmental Affairs of the Senate, the Committees on Appropriations of the House of
Representatives and the Senate, the Comptroller General, and the Director of the Congressional
Budget Office on the extent to which the government of the District of Columbia was in
compliance during the preceding fiscal year with the applicable requirements of the financial
accountability plan submitted for such fiscal year under this subsection.

(B) EVALUATION OF REPORT.–The Comptroller General, in
consultation with the Director of the Congressional Budget Office, shall review and evaluate the
financial accountability compliance report submitted under subparagraph (A) [of this paragraph]
and not later than April 15 of each year shall submit comments on such report to the Committee
on Government Reform and Oversight of the House of Representatives, the Committee on
Governmental Affairs of the Senate, and the Committees on Appropriations of the House of
Representatives and the Senate.

(d) [D.C. Code 47-234] QUARTERLY FINANCIAL REPORTS.–

(1) Submission of quarterly financial reports. Not later than fifteen days after the
end of every calendar quarter (beginning with a report for the quarter beginning October 1, 1997),
the Chief Financial Officer shall submit to the Committee on Government Reform and Oversight
of the House of Representatives, the Committee on Governmental Affairs of the Senate, and the
Subcommittees on the District of Columbia of the Committees on Appropriations of the House of
Representatives and the Senate, a report on the financial and budgetary status of the government
of the District of Columbia for the previous quarter.

(2) Contents of report. Each quarterly financial report submitted under paragraph
(1) [of this subsection] shall include the following information:

(A) A comparison of actual to forecasted cash receipts and disbursements
for each month of the quarter, as presented in the District’s fiscal year consolidated cash forecast
which shall be supported and accompanied by cash forecasts for the general fund and each of the
District government’s other funds other than the capital projects fund and trust and agency funds;

(B) A projection of the remaining months cash forecast for that fiscal year.

(C) Explanations of (i) the differences between actual and forecasted cash
amounts for each of the months in the quarter, and (ii) any changes in the remaining months
forecast as compared to the original forecast for such months of that fiscal year.

(D) The effect of such changes, actual and projected, on the total cash
balance of the remaining months and for the fiscal year.

(E) Explanations of the impact on meeting the budget, how the results may
be reflected in a supplemental budget request, or how other policy decisions may be necessary
which may require the agencies to reduce expenditures in other areas.

(F) An aging of the outstanding receivables and payables, with an
explanation of how they are reflected in the forecast of cash receipts and disbursements.

(G) For each department or agency, the actual number of full-time
equivalent positions, the actual number of full-time employees, the actual number of part-time
employees, and the actual number of temporary employees, together with the source of funding
for each such category of positions and employees.

(H) A statement of the balance of each account held by the District of Columbia Financial Responsibility and Management Assistance Authority as of the end of the quarter, together with a description of the activities within each such account during the quarter based on information supplied by the Authority.

(e) [D.C. Code 47-235] SUBMISSION OF REPORTS TO DISTRICT OF
COLUMBIA FINANCIAL RESPONSIBILITY AND MANAGEMENT ASSISTANCE
AUTHORITY.–

In the case of any report submitted by the Mayor under this section for a fiscal year (or
any quarter of a fiscal year) which is a control year under the District of Columbia Financial
Responsibility and Management Assistance Act of 1995, the Mayor shall submit the report to the
District of Columbia Financial Responsibility and Management Assistance Authority established
under section 101(a) of such Act [D.C. Code 47-391.1(a)] in addition to any other individual to
whom the Mayor is required to submit the report under this section.

PART E — BORROWING

Subpart 1 — Borrowing

DISTRICT’S AUTHORITY TO ISSUE AND REDEEM GENERAL OBLIGATION

BONDS FOR CAPITAL PROJECTS

SEC. 461. [D.C. Code 47-321] General obligation bonds – Authority to issue; right to
redeem.

(a) (1) Subject to the limitations in section 603(b) [D.C. Code 47-313(b)], the District
may incur indebtedness by issuing general obligation bonds to refund indebtedness of the District
at any time outstanding, to finance the outstanding accumulated operating deficit of the general
fund of the District of $331,589,000, existing as of September 30, 1990, to finance or refund the
outstanding accumulated operating deficit of the general fund of the District of $500,000,000,
existing as of September 30, 1997, and to provide for the payment of the cost of acquiring or
undertaking its various capital projects. Such bonds shall bear interest, payable on such dates, at
such rate or rates and at such maturities as the Mayor, subject to the provisions of section 462 of
this Act [D.C. Code 47-322], may from time to time determine to be necessary to make such
bonds marketable.

(2) The District may not issue any general obligation bonds to finance the
operating deficit described in paragraph (1) [of this subsection] after September 30, 1992.

(b) The District may reserve the right to redeem any or all of its obligations before
maturity in such manner and at such price as may be fixed by the Mayor prior to the issuance of
such obligations.

CONTENTS OF BORROWING LEGISLATION AND ELECTIONS ON ISSUING

GENERAL OBLIGATION BONDS

SEC. 462. [D.C. Code 47-322] (a) The Council may by act authorize the issuance of
general obligation bonds for the purposes specified in section 461 [D.C. Code 47-321]. Such an
Act shall contain, at least, provisions–

(1) Briefly describing each project to be financed by the Act;

(2) Identifying the act authorizing each such project;

(3) Setting forth the maximum amount of the principal of the indebtedness which
may be incurred for the projects to be financed;

(4) Setting forth the maximum rate of interest to be paid on such indebtedness;

(5) Setting forth the maximum allowable maturity for the issue and the maximum
debt service payable in any year; and

(6) Setting forth, in the event that the Council determines in its discretion to
submit the question of issuing such bonds to a vote of the qualified voters of the District, the
manner of holding such election, the date of such election, the manner of voting for or against the
incurring of such indebtedness, and the form of ballot to be used at such election.

(b) Any election held on the question of issuing general obligation bonds must be held
before the act authorizing the issuance of such bonds is transmitted to the Speaker of the House
of Representatives and the President of the Senate pursuant to section 602(c) [D.C. Code
1-233(c)].

(c) Notwithstanding section 602(c)(1) [D.C. Code 1-233(c)(1)], the provisions required
by paragraph (6) of subsection (a) [of this section] to be included in any act authorizing the
issuance of general obligation bonds shall take effect on the date of the enactment of such act.

PUBLICATION OF BORROWING LEGISLATION

SEC. 463. [D.C. Code 47-323] (a) After each act of the Council of the District of
Columbia under section 462(a) [D.C. Code 47-322(a)] authorizing the issuance of general
obligation bonds has taken effect, the Mayor shall publish such act at least once in at least 1
newspaper of general circulation within the District together with a notice that such act has taken
effect. Each such notice shall be in substantially the following form:

“NOTICE
“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

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