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S. 1435 (93rd): District of Columbia Charter Act


The text of the bill below is as of Dec 24, 1973 (Passed Congress).

Summary of this bill

Source: Wikipedia

The District of Columbia Home Rule Act is a United States federal law passed on December 24, 1973 which devolved certain congressional powers of the District of Columbia to local government, furthering District of Columbia home rule. In particular, it includes the District Charter (also called the Home Rule Charter), which provides for an elected mayor and the Council of the District of Columbia. The council is composed of a chairman elected at large and twelve members, four of whom are elected at large, and one from each of the District's eight wards. Council members are elected to four-year terms.

Under the "Home Rule" government, Congress reviews all legislation ...


774                                          PUBLIC LAW 93-198-DEC. 24, 1973                       [87 STAT.

                    Public Law 93-198                                                    -     -
December 24, 1973
                                                           AN A C T
    [S. 1435]     To reorganize t h e governmental s t r u c t u r e of the District of Columbia, to provide
                    a charter for local government in the District of Columbia subject to acceptance
                    by a majority of the registered qualilled electors in the District of Columbia, to
                    delegate certain legislative powers to the local government, to implement
                    certain recommendations of the Commission on the Organization of the Govern-
                    ment of the District of Columbia, and for other purposes.
                     Be it enacted hy the Senate and House of Refvesentatives of the
  District of
Columbia Self-      United States of Amenca m Congress assembled,
Govemment and
Governmental Re-
organization Act.                                 TABLE OF CONTENTS
                            TITLE I—SHORT TITLE, PURPOSES, AND D E F I N I T I O N S
                    Sec. 101. Short title.
                    Sec. 1()2. Statement of puiiwues.
                    Sec. 103. Deflnitions.

                                      T I T L E II—GOVERNMENTAL             REORGANIZATION
                    Sec.   201.    Redevelopment Land Agency.
                    Sec.   202.    National t'apital Housing Authority.
                    Sec.   203.    National Capital Planning Commission and municipal planning.
                    Sec.   204.    District of Columbia Manpower Administration.

                    T I T L E I I I — D I S T R I C T C H A R T E R I>RBAMBLE, L E G I S L A T I V E POWER,
                                           AND C H A R T E R AMENDING P R O C E D U R E
                    Sec. 301. District Charter preamble.                             j
                    Sec. 302. Legislative power.
                    Sec. 303. Charter amending procedure.

                                            TITLE IV—THE DISTRICT CHARTER
                                                       PART A — T H E COUNCIL

                                                Subpart 1—Creation of the Council
                    Sec.   401.    Creation and membership.
                    See.   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 — T H E    MAYOR

                    Sec. 421. Election, qualifications, vacancy and compensation.
                    Sec. 422. Powers and duties.
                    Sec. 423. Municipal planning.
                                                      PART C — T H E     JUDICIARY

                    Sec.   431.    .Judicial power.s.
                    Sec.   432.    Removal, suspension, and involuntary retirement.
                    Sec.   433.    Nomination and appointment of judges.
                    Sec.   4.34.   District of Coliun))ia Judicial Nomination Commission.

87 STAT. ] PUBLIC LAW 93-198-DEC. 24, 1973 775 IWBLE OF CONTENTS- ('oDtimiHl I'AKT D—DlHTRK T BUDGET AND FiNANOIAL M A N AflKM KNI' Subpart l-Riulget and Finnndnl MnnngoniPiif, Soc. 441. Fiscal year. Sec. 44.2. Submission of annual budget. Sec. 443. Multlyear plan. Sec. 444. Multlyear capital Improvements plan, Sec. 445. District of Columbia courts' budget. Sec. 446. Enactment of appropriations by Congress. Sec. 447. Consistency of budget, accounting, and personnel syslcms. Sec. 448. Financial duties of the Mayor. Sec. 449. Accounting supervision and control. Sec. 450. General and special funds. Sec. 451. Contracts extending beyond one year. Sec. 452. Annual budget for the Board of Education. Subpart 2—Audit Sec. 455. District of Columbia Auditor. PART E—BOBROWING Subpart 1—Borrowing sec. 461. District's authority to issue and redeem genonil ohliyHiioii bomls for capital projects. Sec. 462. Contents of borrowing legislation. Sec. 463. Publication of borrowing legislation. Sec. 464. Short period of limitation. Sec. 465. Actsfor issuance of general obligation bonds. See. 466. Public sale. Subpart 2—Short-Term Bovrownip: Sec. 471. Borrowing to meet appropriations. Sec. 472. Borrowing in anticipation of revenues. Sec. 478. Notes redeemable prior to maturity. Sec. 474. Sales of notes. Subpart .'i- Payments of Bonds and Xotcs Sec. 481. Special tax. Subpart 4—Tax Exemption; Legal Investment; Water Pollntion: Resejvoirs; Metro Contributions; and Revenue Bonds Sec. 485. Tax exemption. Sec. 486. Legal investment. Sec. 487. Water pollution. Sec. 488. Cost of reservoirs on Potomac River. Sec. 489. District's contributions to the Washington MetropolitHn Area Ti-«nsit 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. TITLE V—FEDERAL PAYMENT Sec. 501. Duties of the Mayor, Council, and Federal OfBce of Management mid Budget. Sec. 502. Authorization of appropriations. 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 action on certain District matters.
776 PUBLIC LAW 93-198-DEC. 24, 1973 [87 STAT. TABLE OF CONTENTS—Continued T I T L E V I I — R E F E R E N D U M ; SUCCESSION I N G O V E R N M E N T ; TEMPO- RARY P R O V I S I O N S ; M I S C E L L A N E O U S ; AMENDMENTS TO D I S T R I C T OF COLUMBIA E L E C T I O N A C T ; R U L E S OF C O N S T R U C T I O N ; AND EFFECTIVE DATES PART A — C H A B T E B REFERENDUM Sec. 701. Referendum. Sec. 702. Board of Elections authority. Sec. 703. Referendum ballot and notice of voting. Sec. 704. Acceptance or nonacceptance of Charter. PART B — S U C C E S S I O N I N 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. PART D — M I S C E L L A N E O U S Sec. 731 Agreements with United States. Sec. 732 Personal interest in contracts or transactions. Sec. 733 Compensation from more t h a n one source. Sec. 734. Assistance of the United States Civil Service Commission in develop- ment of District merit system. Sec. 735 Revenue sharing restrictions. Ses. 736. Independent audit. f>- s^.-.i^';'' Sec. 737. Adjustments. Sec. '(38 Advisory neighborhood councils. Sec. 739. National Capital Service Area. Sec. 740. Emergency control of police. '. , > ' ..' Sec. 741. Holding office in the District. Sec. 742. Open meetings. Sec. 743. Termination of the District's authority to borrow from the Treasury. PART E — A M E N D M E N T S TO T H E D I S T R I C T OF COLUMBIA ELECTION A C T Sec. 751. Amendments. Sec. 752. District Council authority over elections. P A R T F — R U L E S OF CONSTRUCTION Sec. 761. Construction. PART G — E F F E C T I V E DATES Sec. 771. Effective dates. TITLE I—SIIOKT TITLE, PURPOSES, AND DEFINITIONS • ••• SHORT TITLE ^ * ' SEC. 101. This Act may be cited as the "District of Columbia Self- Government and Governmental Reorganization Act".
87 STAT. ] PUBLIC LAW 93-198-DEC. 24, 1973 777 STATEMENT OF PURPOSES SEC. 102. (a) Subject to the retention by Congress of the ultimate legislative authority over the Nation's Capital granted by article I, section 8, of the Constitution, the intent of Congress is to delegate cer- ^ use prec. title tain 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 inhabi- tants of the Dist]"ict of Columbia powers of local self-government; to modernize, reorganize, and otherwise improve the governmental structure of the District of Columbia; and, to the greatest extent pos- sible, consistent with the constitutional mandate, relieve Congress of the burden of legislating upon essentially local District matters. (b) Congress further intends to implement certain recommenda- tions 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 I V of this Act is accepted or rejected by the registered qualified electors of the District of Columbia. DEFIXITIONS SEC. 103. 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 Colum- bia provided for by part A of title IV. (3) The term "Commissioner" means the Commissioner of the Dis- trict 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 Num- bered 3 of 1967. 81Stat^948. (5) The term "Chairman" means, unless otherwise provided in this D.^^'code i"" Act, the Chairman of the Council provided for by part A of title IV. ^pp. (6) The term "Mayor" means the Mavor provided for by part B of title IV. (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 (A) any physical pubHc bet- terment or improvement and any preliminary studies and surveys rela- tive thereto; (B) the acquisition of property of a permanent nature; or (C) the purchase of equipment for any public betterment or improvement when first erected or acquired. (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, and miscellaneous receipts, including all annual Federal payments to the District authorized by law, and from the sale of bonds. (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 gen- eral 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.
778 PUBLIC LAW 93-198-DEC. 24, 1973 [87 STAT. (14) The term "resources" means revenues, balances, revolving funds, funds realized from borrowing, and the District share of Fed- eral grant programs. (15) The term "budget" means the entire request for appropria- tions and loan or spending authority for all activities of all agencies of the District financed from all existing or proposed resources and shall include both operating and capital expenditures. TITLE II—GOVERNMENTAL REOEGANIZATION REDEVELOPMENT LAND AGENCY SEC. 201. The District of Columbia Redevelopment Act of 1945 (D.C. Code, sees. 5-701—5-719) is amended as follows: (a) Subsection (a) of section 4 of such Act (D.C. Code, sec. 5-703 60 Stat. 793. (a)) is amended to read as follows: " ( a ) The District of Columbia Redevelopment Land Agency is hereby established as an instrumentality of the District of Columbia government, and shall be composed of five members appointed by the Commissioner of the District of Columbia (hereinafter referred to as the 'Commissioner'), with the advice and consent of the Council of the District of Columbia (hereinafter referred to as the 'Council'). The Commissioner shall name one member as chairman. No more than two members may be officers of the District of Columbia government. Each member shall serve for a term of five years except that of the members first appointed under this section, one shall serve for a term of one year, one shall serve for a term of two years, one shall serve for a term of three years, one shall serve for a term of four years, and one shall serve for a term of five years, as designated by the Commissioner. The terms of the members first appointed under this section shall begin on or after January 2,1975. Should any member who is an officer of the District of Columbia government cease to be such an officer, then his term as a member shall end on the day he ceases to be such an officer. Any person appointed to fill a vacancy in the Agency shall be appointed to serve for the remainder of the term during which such vacancy arose. Any member who holds no other salaried public posi- tion shall receive compensation at the rate of $100 for each da)^ such member is engaged in the actual performance of duties vested in the agency." D.C. govern- (b) Subsection (b) of section 4 of such Act (D.C. Code, sec. 5-703 ment authority. (b)) is amended— (1) by inserting after "forth" at the end of the first sen- tence of such section ", except that nothing in this section shall pro- hibit the District of Columbia government from dissolving the corporation, eliminating the board of directors, or taking such other action with respect to the powers and duties of such Agency, including those actions specified in subsection (c), as is deemed necessary and appropriate", and (2) bj^ striking out in the second sentence "including the selec- tion of its chairman and other officers," and inserting in lieu thereof "including the selection of officers other than its chairman,". (c) Section 4 of such Act is amended by adding at the end thereof the following new subsection: Factfinding "(c) The Council is authorized, by act, to adopt legislation— board. "(1) establishing, for the purpose of assuring uniform proce- dures relating to the disposition of complaints and other claims involving the Redevelopment Land Agency (or its successor) and other administrative units of the District of Columbia govern-
87 STAT. ] PUBLIC LAW 93-198-DEC. 24, 1973 779 ment, a factfinding board to receive, hear, and act on such complaints and claims arising out of or in connection with admin- istrative and other actions of such Agency or units in carrying out their powers and functions; "(2) providing that all planning, designing, construction, and supervision of public facilities which are to be contributed to any redevelopment area as the local non-cash grant-in-aid to the proj- ect under title I of the Housing Act of 1949, shall, to the extent es stat. 622. practicable, be carried out by an appropriate District of Columbia '*^ "^^ ^*'°" department or agency on the basis of a contractual or other arrangement with the Redevelopment Land Agency or its successor; "(3) providing that any occupied rental property owned by the Agency shall be maintained by such Agency (or its successor) in a safe and sanitary condition; or "(4) providing that the Commissioner shall have authority to waive all or any part of any special assessments levied against abutting property owners for the cost of sewers, streets, curbs, gutters, sidewalks, utilities, and other supporting facilities or project improvements where the costs therefor to the District of Columbia can be applied as a non-cash local grant-in-aid, as defined by the Secretary of the Department of Housing and Urban Development.". (d) The first sentence of subsection (b) of section 5 of such Act (D.C. Code, sec. 5-704(b)) is amended to read as follows "Condemna- ** ^*'*- ^87. tion proceedings for the acquisition of real property fof said purposes shall be conducted in accordance with subchapter I I of chapter 13 of title 16 of the District of Columbia Code.". D.C. code le- (e) None of the amendments contained in this section shall be con- ^ strued to affect the eligibility of the District of Columbia Redevelop- ment Land Agency to continue participation in the small business procurement programs under section 8(a) of the Small Business Act (67 Stat. 547). 72 stat. 389. (f) For the purposes of subsection 713(d), employees in the Dis- po^tf p. 819. trict 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. N A T I O N A L CAPITAL H O U S I N G AUTHORITY SEC. 202. (a) The National Capital Housing Authority (herein- after referred to as the "Authority") established under the District of Columbia Alley Dwelling Act (D.C. Code, sees. 5-103—5-116) ,/|,fJ^^V,^30; shall be an agency of the District of Columbia government subject to 52 Stat. 1186. the organizational and reorganizational powers specified in sections 404(b) and 422(12) of this Act. (b) All functions, powers, and duties of the President under the District of Columbia Alley Dwelling Act shall be vested in and exer- cised by the Commissioner. All employees, property (real and per- sonal), and unexpended balances (available or to be made available) of appropriations, allocations, and all other funds, and assets and lia- bilities of the Authority are authorized to be transferred to the District of Cohimbia government. N A T I O N A L CAPITAL P L A N N I N G C O M M I S S I O N A N D M U N I C I P A L P L A N N I N G SEC. 203. (a) Subsections (a) and (b) of section 2 of the Act entitled "An Act providing for a comprehensive development of the park and
780 PUBLIC LAW 93-198-DEC. 24, 1973 [87 STAT. playground systc^m of tlic Xational Capital", approved June 6, 1924 lis^'^'t. 782; (j).(T. Code, sec. 1-1002), ai'e amended to read as follows: 40 use 71a. " ( a ) ( 1 ) The National Capital Planning Commission (hereinafter Federal plan- referred to as the 'Commission') is created as the central Federal plan- ning agency. ^^^^^^ ageucj for the P^ederal Government in the National Capital, and to preserve the important historical and natural features thereof, except with respect to the United States Capitol buildings and grounds as defined in sections 1 and 16 of the Act of July 31, 1946 (40 U.S.C. 60 Stat. 718; 193a, 193m), and to any extension thereof or additions thereto, or to ^^D.cVcodeg- buildings and grounds under the care of the Architect of the Capitol. ^^n'r?'lfif^„.„ "(^) The Commissioner of the District of Columbia (hereinafter D.C. planning agency referred to as the 'Commissioner') shall be the central planning agency Tor the government of the District of Columbia (hereinafter referred to as the 'District") in the National Capital. The Commissioner shall be responsible for coordinating the planning activities of the District government and foi- prepai'ing and implementing the District 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 public works for the District, and physical, social, economic, tr-anspoi-tatioii, and population elements. The Commis- sioner's planning responsibility shall not extend to Federal or inter- national projects and developments in the District, as detennined by the Commission, oi- to the United States Capitol buildings and grounds as defined in sections 1 and 16 of the Act of July 31, 1946 (40 U.S.C. 193a, 193m), or to any extension thereof or additions thereto, or to buildings and grounds under the care of the Architect of the Capitol. In carrying out his I'esponsibility under this section, the Commis- sioner shall establish pi-ocedures for citizen participation in the plan- ning 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 comprehensive plan (including amendments thereto) affecting or relating to the District. ''(3) The Commissioner shall submit each District element of the compr-ehensive plan and any amendment thereto, to the Council for levision or modification, and adoption, by act, following public heai-- ings. Following adoptiou and prior to implementation, the Council shall submit each such element or- amendment to the Commission for review and comment with regard to the impact of such element or amendment on the intei-ests or functions of the Federal Establishment in the National (^apital. "(4) (A) The Commission shall, within sixty days after receipt of such a District element of the compr-ehensive plan, or amendment thereto, from the Council, cer-tify to the Comicil whether such element or amendment has a negative impact on the interests or functions of the Federal Establishment in the National Capital. If within such sixty days the Commission takes no action with respect to such element or amendment, such element or amendment shall be deemed to have no such negative impact, and such element or amendment shall be incorporated into the comprehensive plan for- the National Capital and shall be implemented. '" (B) If the Comruission finds, Avithin such sixty days, such negative impact, it shall certify its findings and r-ecommendations with respect to such negative impact to the Council. Upon receipt of the Commis- sion's findings and recommendations, the Council may— "(i) r-eject such findings and recommendations and resubmit such element or amendment, in a modified form, to tlie Commis- sion for r^econsideration; or "(ii) accei)t such findings and r-ecommendations and modify such elemenr or- amendment ac-cordinglv.
87 STAT. ] PUBLIC LAW 93-198-DEC. 24, 1973 781 If the Council accepts such findings and recommendations and modi- fies such element or amendment under clause (ii),_the Council shall submit such element or amendment to the Commission for it to deter- mine whether such modification has been made in accordance with the Commission's findings and recommendations. If, within thirty^ days after receipt of the modified element or amendment, the Commission takes no action with respect to such element or amendment, it shall be deemed to have been modified in accordance with such findings or recommendations, and shall be incorporated into the comprehensive plan for the National Capital and shall be imj)lemented. If within such thirty days, the Commission again determines such element or amendment to have a negative impact on the functions or interests of the Federal Establishment in the National Capital such element or amendment shall not be implemented. " ( C ) If the Council rejects the findings and recommendations of the Commission and resubmits a modified element or amendment to it under clause (i), the Commission shall, within sixty days after receipt of such modified element or amendment from the Council, determine whether such modified element or amendment has a negative impact on the interests or functions of the Federal Establishment within the National Capital. If the Commission finds such negative impact it shall certify its findings (in sufficient detail that the Council can understand the basis of the objection of the Commission) and recommendations to the Council, and such element or amendment shall not be implemented. If the Commission takes no action with respect to such modified element or amendment within such sixty days, such modified element or amendment shall be deemed to have no such negative impact and shall be incorporated into the comprehensive plan and it shall be implemented. Any element or amendment which the Commission has determined to have a negative impact on the Federal Establishment in the National Capital, and which is sub- mitted again in a modified form not less than one year from the day it was last rejected by the Commission shall be deemed to be a new element or amendment for purposes of the review procedure specified in this section. " ( D ) The Commission and the Commissioner shall jointly publish, cition^of'piin. from time to time as appropriate, a comprehensive plan for the National Capital, consisting of the elements of the comprehensive plan for the Federal activities in the National Capital developed by the Commission, and the District elements developed by the Commissioner and the Council in accordance with the provisions of this section. " ( E ) The Council may grant, upon request made to it by the Com- "^^""^ iimita- mission, an extension of any time limitation contained in this section. autho^ritJ?^*°"' " ( F ) The Commission and the Commissioner shall jointly establish procedures for appropriate meaningful continuing consultation throughout the planning process for the National Capital. " (b) The National Capital Planning Commission shall be composed of— "(1) ex officio, the Secretary of the Interior, the Secretary of Defense, the Administrator of the General Services Administra- tion, the Commissioner, the Chairman of the District of Colum- bia Council, and the chairmen of the Committees on the District of Columbia of the Senate and the House of Eepresentatives, or such alternates as each such person may from time to time desig- nate to serve in his stead, and in addition, "(2) five citizens with experience in city or regional planning, three of whom shall be appointed by the President and two of whom shall be appointed by the Commissioner. The citizen mem-
782 PUBLIC LAW 93-198-DEC. 24, 1973 [87 STAT. bers appointed by the Commissioner shall be bona fide residents of the District of Columbia and of the three appointed by the President at least one shall be a bona fide resident of Virginia and at least one shall be a bona fide resident of Maryland. The terms of office of members appointed by the President shall be for six years, except that of the members first appointed, the Presi- dent shall designate one to serve two years and one to serve four years. Members appointed by the Commissioner shall serve for four years. The members first appointed under this section shall assume their office on January 2,1975. Any person appointed to fill a vacancy shall be appointed only for the unexpired term of the member whom he shall succeed. The citizen members shall each receive compensation at the rate of $100 for each day such mem- ber is engaged in the actual performance of duties vested in the Commission in addition to reimbursement for necessary expenses incurred by them in the performance of such duties.", (b) Subsection (e) of section 2 of such Act of June 6, 1924 (D.C. 40 ^^*^'n»' Code, sec. l-1002(e)), is amended by (1) inserting "Federal activities use a. .^ ^j^^„ ijjjjjjgjjiately before "National Capital" in clause ( 1 ) ; and (2) striking out "and District Governments, and inserting in lieu thereof "government" in clause (2). 40 use 71c. (c) Section 4 of such Act of June 6, 1924 (D.C. Code, sec. 1-1004), is amended as follows: (1) The first sentence of subsection (a) of such section is amended to read as follows: "The Commission is hereby charged with the dut^ of preparing and adopting a comprehensive, consistent, and coordi- nated plan for the NationalCapital, which plan shall include the Com- mission's recommendations or proposals for Federal developments or projects in the environs, and those District elements, or amendments thereto, of the compreliensive plan adopted by the Council and with respect to which the Commission has not determined a negative impact to exist, which elements or amendments shall be incorporated into such comprehensive plan Avithout change.". (2) The third sentence of subsection (a) of such section is amended by striking out "within the District of Columbia" and "or District". Repeals. (3) Subsectious (b) aiid (c) of such section are repealed. 40 use 7id. ^ ((I) Section 5 of such Act of June 6, 1924 (D.C. Code, sec. 1-1005), is amended as follows: (1) Subsection (c) of such section is amended to read as follows: "(c) The provisions of section 16 of the Act approved June 20,1938 52 Stat. 802. (D.C. Code, sec. 5-428), are extended to include public buildings erected by any agency of the Government of the District of Columbia within the boundaries of the central area of the District, as such cen- tral area may be defined and from time to time redefined by concur- rent action of the Commission and the Council, except that the Commission shall transmit its approval or disapproval respecting any such buildinjS? within thirty days after the day it was submitted to the Commission.". Federal Gov- (2) The first aud sccoud sentences of subsection (e) of such section co"operItro^n."^'^^' ^^^ amended to read as follows: "It is the intent of this section to obtain cooperation and correlation of effort between the various agen- cies of the Federal Government which are responsible for public developments and projects, including the acquisition of land. These agencies, therefore, shall look to the Commission and utilize it as the central planning agency for the Federal activities in the National Capital region.". Repeal. (e) Section 6 of such Act (D.C. Code, sec. 1-1006) is repealed. 40 use 7ie; (f) Section 7 of such Act (D.C. Code, sec. 1-1007) is amended to 7If. read as follows:
87 STAT.] PUBLIC LAW 93-198-DEC. 24, 1973 783 Public works "SEC. 7. (a) Tlie Commission shall recommend a six-year program projects. of public works projects for the Federal Government which it shall review amnuilly with the agencies concerned. To this end, each Federal agency shall submit to the Commission in the fii-st quarter of each fiscal year a copy of its advance program of capital improvements within the National Capital and its environs. "(b) The Commissioner shall submit to the Commis-'sion, by Feb- Multiyear cap- ital improvements ruary 1 of each year, a copy of the multiyear capital improvements plan, submittal to plan for the District develoi)ed by him under section 444 of the District Commission. of Columbia Self-Government and Govei-nmental Reoi'ganization Act. Post, p . 800. The Commission shall have thirty days within which to comment upon such plan but shall have no authority to change or disapprove of such plan." (g) The first sentence of subsection (a) of section 8 of such Act of June 6, 1924 (D.C. Code, sec. 1-1008(a)), is amended to read as fol- 66 Stat. 790. 40 u s e 71g. lows: "The Commission may make a report and recommendation to the Zoning Commission of the District of Columbia, as provided in section 5 of the Act of March 1,1920 (D.C. Code, sec. 5-417), on pro- 52 Stat. 7<)8. posed amendments of the zoning regulations and maps as to the relation, conformity, or consistency of such amendments Avith the comprehensive plan for the Xational Capital." DIS'J'RICT OF COLUMBIA MAXI'OWKK A D M I M S T R A T I O X SKC. 204. (a) All functions of the Seci'etai-y of Labor (hereafter in this section referred to as the "Seci-etary") under section 3 of the Act entitled "An Act to provide for the establishment of a national employment system and for cooi)ei'ation with the States in the pro- motion of sucli system, and for other purposes'', approved June 6, 1983 (29 U.S.C. 49-49k), Avith respect to the maintenance of a public 48 Stat. 113; 53 Stat. 1409; employment service for the District, are transfen-ed to the Commis- 68 Stat. 665. sioner. After the effective date of this transfer, the Secretary shall maintain with the District the same relationship with respect to a l)iiblic employment service in the District, including the financing of such service, as he has with the States (with respect to a public em])loyment service in the States) generally. (b) The Commissioner is authorized and directed to establish and Public employ- ment s e r v i c e . administer a public employment service in the District and to that end he shall have all necessary powers to cooperate wnth the Secretary in the same manner as a State under the Act of June 6, 1933, specified in subsection .(a). (c) (1) Section 3(a) of the Act entitled "An Act to provide for the establishment of a national employment system and for coo])eration Avith the States in the promotion of such system, and for other pur- poses", approved June 6,1933 (29 I"^.S.C. 49b ( a ) ) , is amended by strik- ing out "to maintain a public employment service for the District of Cohimbia". (2) Section 3(b) of such Act (29 U.S.C. 49b(b)) is amended by 70 Stat. 910. inserting "the District of Columbia," immediately after "Guam,". (d) All functions of the Secretary and of tlie Director of Apprentice- ship under the Act entitled "An Act to provide for voluntary appren- ticeship in the District of Columbia", approved May 20, 1946 (D.C. Code, sees. 36-121—36-133), ai'e transferred to and shall be exercised 60 Stat. 204; 84 Stat. 583. by the Commissioner. The office of Director of Apprenticeship pro- vided for in section 3 of such Act (D.C. Code, sec. 36-123) is abolished. (e) All functions of the Secretary under cliapter 81 of title 5 of the United States Code, with respect to the processing of claims filed by 5 u s e 8101, employees of the government of the District for compensation for work injuries, are transferred to and shall be exercised by the Commissioner,
784 PUBLIC LAW 93.198-DEC. 24, 1973 [87 STAT. effective the day after the day on which the District establishes an independent personnel system or systems, rl'er^*' °^ ^^^ ®° much of the personnel, property, records, and unexpended proper y. balances of appropriations, allocations, and other funds employed, held, used, available, or to be made available in connection -with func- tions transferred to the Commisisoner 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. (g) 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 per- taining thereto held prior to such transfer. When such an employee vacates the position into which he was transferred, such position shall no longer be a position in such competitive service. 50 Stat. 664. (h) The first section of the Act of August 16, 1937 (29 U.S.C. 50 "State." et seq.) (relating to the welfare of apprentices) j is amended by insert- ing at the end thereof "For the purposes of this Act the term 'State' shall include the District of Columbia.". TITLE III—DISTKICT CHARTER PREAMBLE, LEGISLA- T I V E P O W E R , AND C H A R T E R A M E N D I N G P R O C E - DURE DISTRICT CHARTER PREAMBLE SEC. 301. The charter for the District of Columbia set forth in Post, p. 785. ^^^|g j y gj^a^jj establish the means of governance of the District fol-' lowing 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 Post. pp. 813, gjj^_ 3Q2. Except as provided in sections 601, 602, and 603, the legis- '^'** lative 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 restric- tions and limitations imposed upon the States by the tenth section of the first article of the Constitution of the United States. CHARTER A M E N D I N G PROCEDURE SEC. 303. (a) The charter set forth in title I V (including any pro- vision of law amended by such title), except sections 401(a) and 421 (a), and part C of such title, 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 ratifica- tion. The Chairman of the Council shall submit all such acts to the Speaker of the House of Representatives and the President of the Sen- ate on the day the Board of Elections 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 qualified electors shall take effect only if within thirty-five calendar days (excluding Saturdays, Sundays, holidays, and days on which either House of Congress is not in session) of the date such amendment was submitted to the Congress both Houses of Congress adopt a concurrent resolution, according to the procedures specified in section 604 of this Act, approving such amendment.
87 STAT. ] PUBLIC LAW 93-198-DEC. 24, 1973 785 (c) The Board of Elections shall prescribe such rules as are neces- sary with respect to the distribution and signing of petitions and the holding of elections for ratifying amendments to title I V of this Act according to the procedures specified in subsection (a). (d) The amending procedure provided in this section m a v n o t 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. ^°^*' PP- " 3 . * ' 814. TITLE IV—THE DISTRICT CHARTER PART A — T H E COUNCIL Subpart 1—Creation of the Council CREATION A N D MEMBERSHIP SEC. 401. (a) There is established a Council of the District of ^f^bersl?"""*' 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) 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 mem- bers shall be elected one each from the eight election wards established, from time to time, under the District of Columbia Election Act. The 69 stat. 699. D.C. Code 1- term of office of the members of the Council shall be four years, except 1101 note. as provided in paragraph (3), and shall begin at noon on January 2 of the year following their election. (2) I n the case of the first election held for the office of member of the Council after the effective date of this title, 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 nom- inate 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) Of the members first elected after the effective date of this title, 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 mem- bers to serve the four-year terms and the members to serve the two- year terms shall be determined by the Board of Elections 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 func- tions 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 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 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 occur- ring witliin 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 certifies his election,
786 PUBLIC LAW 93-198-DEC. 24, 1973 [87 STAT. and shall serve as a member of the Council only for the remainder of the term during which such vacancy occurred. Mayoral (2) In the evcnt of a vacancy in the office of Mayor, and if the Chair- vacancy man 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 politi- cal party shall appoint a person to fill such vacancy, until the Board of Elections can nold 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 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 other- wise be held under the provision 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 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 nonaffiliated person to fill such vacancy until such vacancy can be filled in a special election in the manner prescribed in this para- graph. 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 Chair- man) serving at large on the Council who are affiliated with the same political party. Q U A L I F I C A T I O N S FOR HOLDING OFFICE SEC. 402. 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 immedi- ately 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 con- nection 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 Eeserve 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).
87 STAT. ] PUBLIC LAW 93-198-DEC. 24, 1973 787 COMPENSATION SEC. 403. (a) Each member of the Council shall receive compensa- tion, payable in periodic installments, at a rate equal to the maxi- mum 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 allow- ances 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 diSniTcompe'^n- to which he is entitled as a member of the Council, $10,000 per annum, sation. 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 there- with. POWERS o r THE COUNCIL SEC. 404. (a) Subject to the limitations specified in title V I of this Act, the legislative power granted to the District by this Act is vest- ed in and shall be exercised by the Council in accordance with this Act. I n addition, except as otherwise provided in this Act, all func- tions 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 81 Stat . 948. 5 u s e app. II. with the provisions of this Act. D.C. C o d e (b) The Council shall have authority to create, abolish, or organize -app. ! • 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. P u b l i c notifica' (c) The Council shall adopt and publish rules of procedures which t ion. 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 Chair- lativeTen-day legisi- decision. man of the Council to the Mayor, who shall, within ten calendar days (excluding Saturdays, Sundays, and holidays) after the act is pre- sented to him, either approve or disapprove such act. If the Mayor shall approve such act, he shall indicate the same by affixing his sig- nature thereto, and such act shall become law subject to the provisions of section 602(c). If the Mayor shall disapprove such act, he shall, within ten calendar days (excluding Saturdays, Sundays, and holi- days) 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). If, within thirty calendar days after Transmittals an act has been timely returned by the Mayor to the Council with his to P r e s i d e n t . disapproval, two-thirds of the members of the Council present and
788 PUBLIC LAW 93.198-DEC. 24, 1973 [87 STAT. voting vote to reenact such act, the act so reenacted shall be trans- mitted by the Chairman to the President of the United States. Subject Post, p. 814. to the provisions of section 602(c), such act, except any act of the Council submitted to the President in accordance with the Budget and 31 u'sc 1^° Accounting Act, 1921, shall become law at the end of the thirty day period beginning on the date of such transmission, unless during such period the President disapproves such act. (f) In the case of any budget act adopted by the Council pursuant to section 446 of this Act 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 state- ment 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, wdthin 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. Subpart 2—Organization and Procedure of the Council THE CHAIRMAN SEC. 411. (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 R E Q U I R E M E N T S EOR QUORUM SEC. 412. (a) The Council, to discharge the powders 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. The Council shall use acts for all legislative purposes. Each proposed act shall be read twice in substantially the same form, wnth at least thirteen days inter- vening 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 to express simple determinations, decisions, or directions of the Council of a special or temporary character. Special eiec- (^^ j ^ spccial electioii may be called by resolution of the Council to tlon present for an advisory referendum vote of the people any proposition upon which the Council desires to take action. Quorum. (^^^ ^ majority of the Council shall constitute a quorum for the law- ful convening of any meeting and for the transaction of business of the Council, except a lesser number may hold hearings.
87 STAT. ] PUBLIC LAW 93-198-DEC. 24, 1973 789 INVESTIGATIONS BY THE COUNCIL SEC. 413. (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 subpenas and administer oaths upon resolution adopted by the Council or committee, as appropriate. (b) I n case of contumacy by, or refusal to obey a subpena 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 subpena issued, or to testify, in a case pending before such Court. PART B — T H E MAYOR ELECTION, QUALIFICATIONS, VACANCY, AND COMPENSATION S E C 421. (a) There is established the Office of Mayor of the District ^ °fbi"h°L^tf °'' of Columbia; and the Mayor shall be elected by the registered qualified electors of the District. (b) Tlie Mayor established by subsection (a) 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 indi- vidual) and holds no public office or position (other than his employ- ment 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 altei'nate 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 shall hold a special election in the District on the first Tuesday occur- ring more than one hundred and fourteen days after the date on which such vacancy occurs, unless the Board of Elections deter- mines 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 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
790 PUBLIC LAW 93-198-DEC. 24, 1973 [87 STAT. date on which the Board of Elections 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 comjpensa- tion 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 or 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 install- ments, at a rate equal to the maximum rate, as may be established from time to time, for level I I I of the Executive Schedule in section 5314 ga'stat* 8*63^°' ^^ *^^^® ^ ^^ ^^^ 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. The executive power of the District shall be vested in the Mayor who shall be the chief executive officer of the District govern- ment. In addition, except as otherwise provided in this Act, all func- tions granted to or vested in the Commissioner of the District of Columbia, as established under Reorganization Plan Numbered 3 of l\f^^^'^^^^'„ 1967, shall be carried out by the Mayor in accordance with this Act. 5 u s e app. n . D.C. Code 1 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, includ- ing 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 appoint- ment, promotion, discipline, separation, and other conditions of employment of personnel in the office of the Mayor, personnel in execu- tive departments of the District, and members of boards, commissions, and other agencies, who, under laws in effect on the date immediately preceding tlie effective date of section 711(a) of this Act, 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 super- seding sucli laws and establishing a permanent District government merit system, pursuant to paragraph (3), continue to be subject to tlie provisions of Acts of Congress relating to the appointment, pro- motion, discipline, separation, and other conditions of employment applicable to officers and employees of the District government, to section 713(d) of this Act, and where applicable, to the provisions of tlie 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 per- sonnel. He sliall appoint or assign persons to positions formerly occu])ied, ex-officio, by tlie Commissioner of the District of Columbia or by tlie Assistant to the Commissioner and shall have power to remove such persons from such positions. Tlie officers and employees of each agency with respect to Avliich legislative power is delegated
87 STAT. ] PUBLIC LAW 93-198-DEC. 24, 1973 791 by this Act and wliicli immediately prior to the effective date of sec- tion 711(a) of this Act, was not subject to tlie administrative control of the (""ommissioner of the District, sliall continue to be appointed and removed in accordance with applicable laws until such tnne as such law's may be superseded by legislation passed by the Council estab- lishing a permanent District govermnent jnerit system pursuant to paragraph (8). (8) The Mayor shall administer the personnel functions of the Dis- Pe"onnei trict covering employees of all District departments, boards, commis- sions, offices and agencies, except as otlierwise provided by this Act. Personnel legislation enacted by Congress prior to or after the effective date of this section, including, without limitation, legislation relating to appointments, promotions, discipline, separations, pay, unemploy- ment compensation, health, disability and death benefits, leave, retire- ment, insurance, and veterans' preference applicable to employees of the District government as set forth in section 714(c), shall continue ^°^*' ^' ^^^' to be applicable until such time as the Council shall, pursuant to this section, provide for coverage under a District goverimient merit sys- tem. The District government merit system shall be establi':hed by act of the Council. The system may pi-ovide for continued i^articipation in all or part of the F'ederal Civil Service System and shall provide for persons employed by the District govei'iiment immediately i)reced- ing the effective date of such system personnel benefits, including but not limited to i)ay, tenure, leave, residence, retirement, health and life insurance, and employee disability and death benefits, all at least eq[ual to those i)rovided 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 i)ursuant to this Act. The District government merit sys- tem shall take effect not earlier than one year- nor later than five years after the effective date of this section. (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 (otliei* than the Delegation of function of approving or disappi'o\-ing acts passed by the Council or functions, the function of a])i)roving contracts between the District and the Fed- eral Government under section 781) to any officer, employee, or agency P°'*> P- 822. of the executive office of the Mayor, or to any director of an executive department who may, with the approval of tlie Mayor, make a further delegation of all or a part of such functions to subordinates under his jurisdiction. (7) The Mayor shall appoint a City Administrator, who shall serve ^"y Adminis- at the pleasure of the Mayor. The City Administrator shall be the chief ^'entJ' "''^°*"*" administrative officer of the Mayor, and he shall assist the Mayor in carrying out his functions under this Act, and shall j)ei'for-m such other duties as may be assigned to him by the Mayor. The City Administrator shall be paitl at a rate established by the Mayor, not to exceed level I V of the Executive Schedule established under section 5315 of title 5 of the United States Code. sa^stfrsel^"' (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 tlie Council or any of its committees.
792 PUBLIC LAW 93-198-DEC. 24, 1973 [87 STAT. (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 holi- days) after such i-eorganization plan is submitted to it by the Mayor, a resolution disapproving such reorganization. MUNICIPAL PLANNING SKC. 423. (a) The jSIayor 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 imple- mentation 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 pub- lic works for the District, and physical, social, economic, transporta- Planning re- tion, and i^opulation elements. The Mayor's planning responsibility sponsibility, 1 tation. shall not extend to Federal and international projects and develop- ments 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 (40 U.S.C. 60 Stat. 71f 193a, 193m), or to any extension thereof or addition thereto, or to 81 Stat. 275. D.C. Code buildings and gromids under the care of the Architect of the Capitol. 9-1 18, 9-132. In cai-rying 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 plainiing 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 JSIayor shall submit the District's elements and amend- ments thereto, to the Council for revision or modification, and adop- tion by act, following public hearings. Following adoption and prior to implementation, the Council shall submit such elements and amend- ments 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 Establish- ment, 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. PART C — T H E JUDICIARY J U n i C I A L POWERS District of Columbia Court SKC. 431. (a) The judicial power of the District is vested in the of A p p e a l s ; Su- District of Columbia Court of Appeals and the Superior Court of the perior Court of District of Columbia. The Superior Court has jurisdiction of any civil the District of action or other matter (at law or in equity) brought in the District and Columbia, j u r i s - diction. of any criminal case under any law applicable exclusively to the Dis- trict. Tlie 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
87 STAT. ] PUBLIC LAW 93-198-DEC. 24, 1973 793 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 desig- de'i^'nlti!?''*' imted by the District of Columbia Judicial Nominating Commission ** *'"^'""" established by section 434 from among the judges of the court in regu- lar active service, and shall serve as chief judge for a term of four years or until his successor is designated, except that his term as chief judge shall not extend beyond the chief judge's term as a judge of a District of Columbia court. H e 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 Reorganiza- tion Act of 1970 shall be appointed for a term of fifteen years subject D'^C ' c*ode' lote to mandatory retirement at age seventy or removal, suspension, or preJ. li-ioi. involuntary retirement jDursuant to section 432 and upon completion of such term, such judge shall continue to serve until reappointed or his successor is aj^pointed 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 cJiimbia*com- Judicial Disabilities and Tenure (hereinafter referred to as the "Ten- mission on jirdi- ure Commission"). The Tenure Commission shall consist of seven ciai Disabuities members selected in accordance with the provisions of subsection (e). ^^EsTaTiish'ment. Such members shall serve for terms of six years, except that the mem- ber 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 M'ith 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. I n making the respective first aijpointments 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 Commis- iJomatiTn!^^ sion, upon the request of the Tenure Commission, such records, infor- availability'. mation, services, and such other assistance and facilities as may be iiecessary 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 he— (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 his appointment; and
794 PUBLIC LAW 93-198-DEC. 24, 1973 [87 STAT. (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 202 of title 5 of the United States 80 Stat. 378, Code); and (except with respect to the person appointed or desig- 948S 84 Stat. 775. nated, according to subsection (b) (4) (D)) 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). Vacancies. (2) Any vacancy on the Tenure Commission shall be filled in the same manner is which the original appointment was made. Any per- son 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 his predecesor. (3) In addition to all other qualifications listed in this section, law- yer 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 Gov- ernors of the unified District of Columbia Bar, both or 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. Compensation. (f) Any member of the Tenure Commission who is an active or retired Federal judge shall serve without additional compensation. Other members shall receive the daily equivalent at the rate provided by grade 18 of the General Schedule, established under section 5332 5 u s e 5332 note. of title 5 of the United States Code, while actually engaged in service for 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 sec- tion 432. REMOVAL, SUSPENSION, A N D INVOLUNTARY RETIREMENT SEC. 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 certi- fying the entry, in any court within the United States, of a final judg- ment of conviction oi 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 Commis- sion of— (A) willful misconduct in office,
87 STAT. ] PUBLIC LAW 93-198-DEC. 24, 1973 795 (B) willful and persistent failure to perform judicial duties, or (C) any other conduct which is prejudicial to the administra- tion 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 habit- ual intemperance) which is or is likely to become permanent and which prevents, or seriously interferes with, the proper performance of his 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 his conviction of a cr-ime referred to in sub- section ( a ) ( 1 ) which has not become final, or (ii) the filing of an order of removal under subsection ( a ) ( 2 ) which lias 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 his salary and all rights and privileges of his office. (2) A judge of a District of Columbia court shall be suspended from all judicial duties, with such retirement salary as he 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 sliall continue until termination of all appeals. If the order of involuntary retirement is set aside, the judge shall be reinstated and shall recover his judicial salary less any retirement salary received and shall be entitled to all the rights and privileges of his office. (3) A judge of a District of Columbia court shall be suspended from all or part of his judicial duties, with salary, if the Tenure Commis- sion, upon concurrence of five members, (A) orders a hearing for the removal or retirement of the judge pursuant to this subchapter and determines that his suspension is in the interest of the administration of justice, and (B) files an order of suspension in the District of Colum- bia 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. X O M I X A T I O X AXD A P P O I N T M E N T OF J U D G E S SEC. 483. (a) Except as provided in section 434(d)(1), the Presi- dent shall nominate, from the list of persons recommended to him 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 Qualifications. of Columbia court unless he— (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 laAv in the District for the five years immediately preceding his nomination or for such five years has been on the faculty of a law school in
796 PUBLIC LAW 93.198-DEC. 24, 1973 [a7 STAT. the District, or has been employed as a lawyer by the r[nited 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 his nomination, and shall retain such residency as long as he serves 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 84 Stat. 491. 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 his nomination, as a member of the Tenure Commission or of the District of Columbia Judicial Nomination Commission. Declaration of (c) Not less than three months prior to the expiration of his term of r^'ointmen?' '^" office, any judge of the District of Columbia courts may file with the appo n men . Xeuurc Commissiou a declaration of candidacy for reappointment. If a declaration is not so filed by any judge, a vacancy shall result from the expiration of his term of office and shall be filled by appointment as Written perform- provided ill subsections (a) and (b). If a declaration is so filed, the submuuno^pTe's- Teuure Commission shall, not less than thirty days prior to the ident. expiration of the declaring candidate's term of office, prepare and sub- mit to the President a written evaluation of the declaring candidate's performance during his present term of office and his fitness for reap- pointment to another term. If the Tenure Commission determines the declaring candidate to be exceptionally well qualified or well qualified for reappointment to another term, then the term of such declaring candidate shall be automatically extended for another full term, sub- ject to mandatory retirement, suspension, or removal. If the Tenure Commission determines the declaring candidate to be qualified for reappointment to another tei'm, then the Pi-esident 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 declar- ing candidate, he 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 nn<T[ualified 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 appohitment as a judge of a District of Colum- bia court. DISTIUCT OF C O L U M l i l A J U D I C I A L N O M I N A T I O N COMMISSION me^m'beriSp?^"'' .J^i-'C;- ^^^- (a) Tlierc is established for the District of Columbia the District of Cohunbia 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 vears; 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 sei-\e for a term of three years and one member shall serve for
87 STAT. ] PUBLIC LAW 93.198-DEC. 24, 1973 797 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. I n 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 he— Qualifications. (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 imme- diately prior to his 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 202 of title 5 of the United States Code); and (except with respect to the person g^|° ^*^*- ^^*' . appointed or designated according to subsection ( b ) ( 4 ) ( I ) ) ) 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 his predecessor. (3) I t 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, law- yer members of the Commission shall have the qualifications pre- scribed 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 Gov- ernors 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) Any member of the Commission who is an active or retired compensation. Federal judge shall serve without additional compensation. Other members shall receive the daily equivalent at the rate provided by ^rade 18 of the General Schedule, established under section 5382 of title 5 of the United States Code, while actuallv engaged in service ! ^^^ ^^^^ « ,1 /^ . . v' o o note. for tne 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. (2) The Commission shall choose annually, from among its mem- bers, a Chairman, and such other officers as it may deem necessary. The Commission may adopt such rules of procedures not inconsistent
798 PUBLIC LAW 93-198-DEC. 24, 1973 [87 STAT. with this Act as may be necessary to govern the business of the Commission. Confidential (3) ^ h e Distiict govemment shall furnish to the Commission, upon L" a'liabiiitjr'. 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 so fur- nished shall be treated by the Commission as privileged and confidential. (d) (1) I n the event of a vacancy in any position of the judge of a District of Columbia court, the Commission shall, within thirty 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 Com- mission 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 a judge's term of office, the Commission's list of nominees shall be sub- mitted to the President not less than thirty days prior to the occur- rence of such vacancy. I n the event the President fails to nominate, for Senate confirmation, one of the persons on the list submitted to him 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) I n the event any person recommended by the Commission to the President requests that his 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 recom- mend 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, ui)on such nomination, the qualifications si)ecified in section 433. P A U T I)—DiSTKICT BuiXJKT AXD FINANCIAL ^MANAGEMENT Subpart 1—Budget and Financial Management FISCAL YEAR SEC. 4-11. The fiscal year of the District shall begin on the first day of July and shall end on the thirtieth day of June of the succeeding calendar year. Such fiscal year shall also constitute the budget and accounting year. SLBMISSION o r ANNUAL BUDGET SEC. 442. (a) At such time as the Council may direct, the Mayor shall piepare and submit to the Council each year, and make available to the public, an annual budget for the District of Columbia govern- ment 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 under- taken on either an obligation or cash-outlay basis, for such fiscal
87 STAT. ] PUBLIC LAW 93-198-DEC. 24, 1973 799 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 forth- coming 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 govern- ment as required under section 443; (4) a multiyear capital improvements plan for all agencies of the District govenment as required under section 444 ; (5) a program performance report comparing actual perform- ance of as many programs as is practicable for the last completed fiscal year a^^ainst proposed goals for such programs for such year, and, in addition, presentinj^ 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 num- ber of issues, identified by the Council in its action on the budget in the preceding fiscal year, having significant revenue or budg- etary implications, and other similar issues selected bjr 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 Colum- bia Auditor, the District or Columbia Board of Elections, the District of Columbia Judicial Nomination Commission, the Zoning Commis- sion of the District of Columbia, the Public Service Commission, the Armory Board, and the Commission on Judicial Disabilities and Tenure. (c) The Mayor from time to time may prepare and submit to the supplemental Council such proposed supplemental or deficiency budget recom- mendat "nsTsub- mendations as in his judgment are necessary on account of laws enacted mittai to council, after transmission o^ the budget or are otherwise in the public interest. The Mayor shall submit with such proposals a statement of justifica- tions, including reasons for their omission from the annual budget. Whenever such proposed supplemental or deficiency budget recom- mendations are in an amount which would result in expenditures in excess of estimated resources, the Mayor shall make such recommenda- tions as are necessary to increase resources to meet such increased expenditures. MULTIYEAR PLAN SEO. 443. 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 cur- rent fiscal year budget, and on estimates for at least the four succeed- ingfiscalyears. The plan shall include, but not be limited to, provisions identifying— (1) future cost implications of maintaining programs at cur- rently authorized levels, including anticipated changes in wage, salary, and benefit levels;
800 PUBLIC LAW 93-198-DEC. 24, 1973 [87 STAT. (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 proj- ect 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; 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 iden- tified) to the bonding limitation for the current and forthcoming- fiscal year as specified in section 603 ( b ) . M U L T I Y E A R CAPITAL I M P R O V E M E N T S PLAN SEC. 444. 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 there- after, 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; (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 o r COLUMBIA C O U R T s ' BUDGET SEC. 445. The District of Columbia courts shall prepare and annually submit to the Mayor, 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. All such estimates shall be forwarded by the Mayor to the Council, for its action pursuant to sections 446 and 603(c), without revision but subject to his recommendations. Notwithstanding any other provision
87 STAT. ] PUBLIC LAW 93-198-DEC. 24, 1973 801 of this Act, the Council may comment or make recommendations con- cerning such annual estimates involving the expenditures and appro- priations necessary for the maintenance and operation of the District of Columbia court system submitted by such courts but shall have no authority under this Act to revise such estimates. The courts shall sub- ,' mit as j)art 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 District of Columbia Auditor and the Comptroller General of the United States. ENACTMENT OF xVPPROPRIATIONS BY CONGRESS SEC. M 6 . 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 govern- ment. Any supplements thereto shall also be adopted by act by the Council after public hearing. Such budget so adopted shall be sub- mitted by the Mayor to the President for transmission by him to the Congress. 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 accord- ing to such Act. Notwithstanding any other provision of this Act, the Mayor shall not transmit any annual budget or amendments or supple- ments thereto, to the President of the United States until the comple- tion of the budget procedures contained in this Act. C O N S I S T E N C Y O F BUDGET, ACCOUNTING, AND PERSONNEL SYSTEMS SEC. 447. 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. p]mployees shall be assigned in accordance with the program, organiza- tion, and fund categories specified in the Act of Congress authorizing such position. Hiring of temporary employees and temporary employee transfers among pT-ograms shall be consistent with appli- cable 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. Subject to the limitations in section 608, the Mayor shall have charge of the administration of the financial affairs of the District !ind 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 tliat 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 acti v i ties, (B) adequate financial information needed by the Dis- trict government for management purposes, (C) effective control over and accountability for all funds, prouerty. and other assets, (D) reliable accounting results to serve as the basis for pi-eparing and supportingf agency budget requests and con- trolling the execution of tlie budget ; 22-150 0 - 7 5 - 5 3
802 PUBLIC LAW 93-198-DEC. 24, 1973 [87 STAT. (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 November 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 receiv- able by the District from the Federal Government or from any court, agency, or instrumentality of the District; (7) have custody of all public funds belonging to or imder 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 indi- cate 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 author- izations so as to achieve the most effective and economical use thereof. ACCOUNTING SUPERVISION AND CONTROL SEC. 449. The Mayor shall— (a) prescribe the forms of receipts, vouchers, bills and claims to be used by all the agencies, offices, and instrumentalities of the District government; (b) examine and approve all contracts, orders, and other docu- ments by which the District government incurs financial obliga- tions, having previously ascertained that money has been appropriated and allotted and will be available when the obli- gations shall become due and payable; (c) audit and approve before payment all bills, invoices, pay- rolls, 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 (d) perform internal audits of accounts and operations and agency records of the District government, including the exami- nation of any accounts or records of financial transactions, giving due consideration to the effectiveness of accounting systems, inter- nal control, and related administrative practices of the respective agencies.
87 STAT. ] PUBLIC LAW 93-198-DEC. 24, 1973 803 GENERAL A N D SPECIAL F U N D S SEC. 450. The general fund of the District shall be composed of those District revenues which on the effective date of this title 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. 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 i-eceived 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. CONTRACTS E X T E N D I N G BEYOND O N E YEAR SEC. 451. No contract involving expenditures out of an appropria- tion 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 con- tract, 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. A N N U A L BUDGET FOR T H E BOARD OF EDUCATION SEC. 452. With respect to the annual budget for the Board of Edu- cation 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. Subpart 2—Audit DISTRICT OF COLUMBIA AUDITOR SEC. 455. (a) There is established for the District of Columbia the offjce of Office of District of Columbia Auditor who shall be appointed by the co^iumbia Audi- Chairman, subject to the approval of a majority of the Council. The tor. District of Columbia Auditor shall serve for a term of six years and Establishment. 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 regTilations as he may prescribe. In the deter- mination 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 ])ractices. (c) The District of Columbia Auditor shall have access to all books, Records, ac- accounts, records, reports, findings and all other papers, things, or ''^^^''^'^^'y- 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 submut*a?fo°con. to the Congress, the Mayor, and the Council. Such reports shall set gresT, Mayor, and forth the scoj)e of the audits conducted by him and shall include such Council.
804 PUBLIC LAW 93-198-DEC. 24, 1973 [87 STAT. comments and information as the District of Columbia Auditor may deem necessary to keep the (^ongress, 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. Public informa- ^p) xiie Couiicil sliall make such report, together with such other tion material as it deems pertinent thereto, available for public inspection, (f) The Mayor sliall state in writing to the Council, within an appropriate time, what action he has taken to effectuate the recom- mendations made by the District of Columbia Auditor in his reports. PAKT E—BORROWING Subpart 1—Borrowing DISTRICT'S AUTHORITY TO ISSUE AND REDEEM GENERAL OBLIGATION BONDS FOR CAPITAL PROJECTS SEC. 461. (a) Subject to the limitations in section 603 ( b ) , the District may incur indebtedness by issuing general obligation bonds to refund indebtedness of the District at any time outstanding and to provide for the payment of the cost of accpiiring or undertaking its various capital projects. Such bonds shall bear interest, payable annually or semi-annually, at such rate and at such maturities as the Mayor, subject to the provisions of section 462 of this Act, may from time to time determine to be necessary to make such bonds marketable. (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 SEC. 462. The Council may by act authorize the issuance of general obligation bonds for the purposes specified in section 461. Such an act shall contain, at least, provisions— (1) briefly describing each such project; (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 each such project; (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 manner of voting for or against the incurring of such indebtedness, and the form of ballot to be used at such election. PUBLICATION OF BORROWING LEGISLATION SEC. 463. The Mayor shall publish any act authorizing the issuance of general obligation bonds at least once within five days after the enactment thereof, together with a notice of the enactment thereof in substantially the following form: "NOTICE "The following act (published herewith) authorizing the issu- ance of general obligation bonds, has become effective. The time
87 STAT. ] PUBLIC LAW 93-198-DEC. 24, 1973 805 within which a suit, action, or proceeding questioning the validity of such bonds can be commenced, will expire twenty days from the date of the first publication of this notice, as provided in the District of Columbia Self-Government and Governmental Reorga- nization Act. ^"'^' p- ^7^" "Mayor." SHORT PERIOD OF LIMITATION SEC. 464, At the end of the twenty-day period beginning on the date of publication of the notice of the enactment of an act authorizing the issuance of general obligation bonds without the submission of the proposition for the issuance thereof to the qualified voters, or upon the expiration of twenty days from the date of publication of the promulgation of the results of an election upon the proposition of issuing bonds, as the case may be— (1) any recitals or statements of fact contained in such act or in the preambles or the titles thereof or in the results of the election of any proceedings in connection with the calling, holding, or conducting of election upon the issuance of such bonds shall be deemed to be true for the purpose of determining the validity of the bonds thereby authorized, and the District and all others interested shall thereafter be estopped from denying same; (2) such act and all proceedings in connection with the authori- zation of the issuance of such bonds shall be conclusively presumed to have been duly and regularly taken, passed, and done by the District and the Board of Elections in full compliance with the provisions of this Act and of all laws applicable thereto; and (3) the validity of such act and said proceedings shall not there- after be questioned by either a party plaintiff or a party defend- ant, and no court shall have jurisdiction in any suit, action, or proceeding questioning the validity of same, except in a suit, action, or proceeding commenced prior to the expiration of such twenty-day period. ACTS FOR I S S U A N C E OF GENERAL OBLIGATION BONDS SEC. 465. A t the end of the twenty-day period specified in section 464, the Council may by act establish an issue of general obligation bonds as authorized pursuant to the provisions of sections 461 to 465 inclusive, hereof. An issue of general obligation bonds is hereby defined to be all or any part of an aggregate principal amount of bonds authorized pursuant to such sections, but no indebtedness shall be deemed to have been incurred within the meaning of this Act until such bonds have been sold, delivered, and paid for, and then only to the extent of the principal amount of such bonds so sold and delivered. The bonds of each issue shall be payable in annual installments begin- ning not more than three years after the date of such bonds and ending not more than thirty years from such date. The amount of said issues to be payable in each year shall be so fixed that when the annual inter- est is added to the principal amount payable in each year, the total amount payable either serially or to a sinking fund shall be substan- tially equal. I t shall be an immaterial variance if the difference between the largest and smallest amounts of principal and interest so payable during each fiscal year during the term of the general obligation bonds does not exceed 3 per centum of the total authorized amount of such series. Such bonds and coupons may be executed by the facsimile sig- natures of the officer designated by the act authorizing such bonds, to sign the bonds, within the exception that at least one signature shall
806 PUBLIC LAW 93-198-DEC. 24, 1973 [87 STAT. be manual. Such bonds may be issued in coupon form in the denomina- tion of $1,000, or $1,000 and $5,000, registerable as to principal only or as to both principal and interest, and if registered as to both prin- cipal and interest may be issuable in denominations of multiples of $1,000. Such bonds and the interest thereon may be payable at such place or places within or without the District as the Council may determine. P U B L I C SALE SEC. 466. All general obligation bonds issued under this part shall 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 one 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 downpay- ment a certified check or cashier's check for an amount equal to at least 2 per centum of the par amount of general obligation bonds bid for, and the Council shall reserve the right to reject any and all bids. Subpart 2—Sliort-Term Borrowing BORROWING TO M E E T APPROPRIATIONS SEC. 471. In the absence of unappropriated available revenues to meet appropriations made pursuant to section 446, the Council may by act authorize the issuance of negotiable notes, in a total amount not to exceed 2 per centum of the total appropriations for the cur- rent fiscal year, each of which may be renewed from time to time, but all such notes and renewals thereof shall be paid not later than the close of the fiscal year folloAving that in which such act becomes effective. BORROWING I N ANTICIPATION OF REVENUES SEC. 472. For any fiscal year, in anticipation of the collection or receipt of revenues of that fiscal year, the Council may by act authorize the borrowing of money by the execution of negotiable notes of the District, not to exceed in the aggregate at any time outstanding 20 per centum of the total anticipated revenue, each of which shall be designated "Revenue Note for the Fiscal Year 19 ". Such notes may be renewed from time to time, but all such notes, together with the renewals, shall mature and be paid not later than the end of the fiscal year for which the original notes have been issued. NOTES REDEEMABLE PRIOR TO MATURITY SEC. 473. No notes issued pursuant to this part shall be made pay- able 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. All notes issued pursuant to this part may be sold at not less than par and accrued interest at private sale without previous advertising.
87 STAT. ] PUBLIC LAW 93-198-DEC. 24, 1973 807 Subpail 3—Payment of Bonds and Xotes SPECIAL TAX SEC. 481. (a) The act of the Council authorizing the issuance of general obligation bonds pursuant to this title, shall, where necessary, provide for the levy annually of a special tax or charge without limita- tion as to rate or amount in amounts which, together with other rev- enues of the District available and applicable for said purposes, will be sufficient to pay the principal of and interest on such bonds and the premium, if any, upon the redemption thereof, as the same respectively become due and payable, which tax 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 sinking fund and irrevocably dedicated to the payment of such principal, interest, and premium. (b) The full faith and credit of the District shall be and is hereby pledged for the payment of the principal of and the interest on all general obligation bonds and notes of the District hereafter issued pursuant to subparts 1, 2, and 3 of part E of this title whether or not such pledge be stated in such bonds or notes or in the act authorizing the issuance thereof. (c) (1) As soon as practicable following the beginning of each fiscal Review. year, the Mayor shall review the amounts of District revenues which have been set aside and deposited in a sinking fund as provided in subsection ( a ) . Such review shall be carried out with a view to deter- mining whether the amounts so set aside and deposited are sufficient to pay the principal of and interest on general obligation bonds issued pursuant to this title, and the premium (if any) upon the redemption thereof, as the same respectively become due and payable. To the extent that the Mayor determines that sufficient District revenues have not been so set aside and deposited, the Federal payment made for the fiscal year within which such review is conducted shall be first utilized to make up any deficit in such sinking fund. (2) The Comptroller General of the United States shall make annual audits of the amounts set aside and deposited in the sinking fund. Subpart 4—Tax Exemption; T^gal Investment; Water Pollution; Rt'servoirs; Metro Contributions; and Revenue Bonds TAX E X E M P T I O N SEC. 485. Bonds and notes issued by the Council pursuant to this title and tlie interest thereon shall be exempt from all Federal and District taxation except estate, inheritance, and gift taxes. LEGAL INVESTMENT SEC. 486. 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 iiiAestment in such bonds or notes of all sinking, insurance, retire- ment, compcMsation, pension, and trust funds, National banking asso- ciations 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 Counc.'il to the same extent as national banking associa-
808 PUBLIC LAW 93-198-DEC. 24, 1973 [87 STAT. tions are authorized by paragraph seven of section 5136 of the Revised Statutes (12 LT.S.C 24), to deal in, underwrite, purchase and sell obli- gations of the United States, States, or political subdivisions thereof. AH Federal building and loan associations and Federal savings and loan associations; and banks, trust companies, building and loan asso- ciations, 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 exercis- ing due and reasonable care in selecting securities for purchase or investment. WATER POLLUTION SEC. 487. (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 w^ater 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) 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). (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 esti- mated amount of such rates and charges will be paid in advance, sub- ject to adjustment after each year. Such rates and charges shall be sufficient to cover the cost of construction, interest on capital, opera- tion and maintenance, and the necessary replacement of equipment during tlie useful life of the facility. COST OF RESERVOIRS ON POTOMAC RIVER Contract au- gj.^,^ 488. (a) The ]\layor is authorized to contract with the United thority States, any State in the Potomac River Basin, any agency or political subdivision thereof, and any other competent State or local authority, w^ith 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 author- ized 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 Ooimcil. 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. DIS'IRICT'S CONTRIBITTIONS TO T H E W A S H I N G T O N METROPOLITAN AREA TRANSIT AUTHORITY SEC. 489. Notwithstanding any provision of law to the contrary, beginning with fiscal year 1976 the District share of the cost of the
87 STAT. ] PUBLIC LAW 93-198-DEC. 24, 1973 809 xidopted Regional System described in the National Capital Trans- D . C . Code I. portation Act of 1969 (83 Stat. 320), may be payable from the proceeds 1441 n o t e . of the sale of District general obligation bonds issued pursuant to this title. R E V E N U E BONlDS A N D OTHER OBLIGATIONS SEC. 490. (a) The Council may by act issue revenue bonds, notes, or other obligations (including refunding bonds, notes, or other obliga- tions) to borrow money to finance or assist in the financing of under- takings in the areas of housing, health facilities, transit and utility facilities, recreational facilities, college and university facilities, and industrial and commercial development. Such bonds, notes, or other obligations shall be fully negotiable and payable, as to both principal and interest, solely from and secured solely by a pledge of the revenues realized from the property, facilities, developments, and improve- ments whose financing is undertaken by the issuance of such bonds, notes, or other obligations, including existing facilities to which such new facilities and improvements are related, which financing may be effected through loans made directly or indirectly (including the purchase of mortgages, in those cases described in subsection (b) of this section, notes, or other securities) to any public, quasi-public, or private corporation, partnership, association, person, or other legal entity. (b) Except in the case of housing, recreation, commercial and indus- trial development, the property, facilities, developments, and improve- ments being financed may not be mortgaged as additional security for bonds, notes, or other obligations, but in no event shall any property owned by the District of Columbia or the United States be mortgaged for the purpose of this section. (c) Any and all such bonds, notes, or other obligations 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, shall not constitute a debt of the District, and shall not constitute lending of the public credit for private undertakings as contained in section 602(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 such act may contain provisions— (1) briefly describing the purpose for which such bond, note, or other obligation is to be issued; (2) identifying the Act authorizing such purpose; (3) prescribinfir the form, terms, provisions, manner or method of issuing and selling (including negotiated as well as competitive bid sale), and the time of issuance, of such bonds, notes, or other obligations; and (4) prescribing any and all other details with respect to any such bonds, notes, or other obligations and the issuance and sale thereof. The act may authorize and empower the Mayor to do any and all things necessary, proper, or expedient in connection with the issuance and sale of such notes, bonds, or other obligations authorized to be issued under the provisions of this section. PART F—INDEPENDENT AGENCIES BOARD OF ELECTIONS SEC. 491. Section 3 of the District of Columbia Elections Act (D.C. Code, sec. 1-1103) is amended to read as follows: ^^ ^'^*- ^^^-
810 PUBLIC LAW 93-198--DEC. 24, 1973 [87 STAT. "SEC. 3. (a) There is created a District of Columbia Board of Elec- tions (hereafter in this section referred to as the 'Board'), to be com- posed 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 of the members first appointed under this Act. 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 desig- nated 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 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) The first section of the Act of March 1, 1920 (D.C. 41 Stat. 500; 48 Stat. 389. Code, sec. 5^12) 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 P a r k 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 four years, except of the members first appointed under this section— "(1) one member shall serve for a term of two years, as deter- mined 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 deter- mined 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 mem- bers 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 per- form all the duties with respect to zoning in the District as provided by law.". (b) The Act of June 20, 1938 (D.C. Code, sec. 5-^13, et seq.) is amended as follows: 52 Stat. 7 97. (1) ^j^g f^j.^^ 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 Capi- tal, and zoning regulations shall be". 52 Stat. 798. (£) Sectlou 5 of such Act (D.C. Code, sec. 5-41Y) 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—"
87 STAT. ] PUBLIC LAW 93-198-DEC. 24, 1973 811 ''(1) has held a public hearing, after notice, on such proposed regulation, map, or amendment; and "(2) after such public hearing, submitted such proposed reg- ulation, map, or amendment to the National Capital Planning Commission for comment and review. If the National Capital Planning Commission fails to submit its com- ments regarding any such regulation, map, or amendment within thirty 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 aniendment without further comment from the National Capital Planning Commission. " ( b ) The notice required by clause (1) of subsection (a) shall be Hearing notice. 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 sum- mary 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 rea- sonable 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." P U B L I C SERVICE C O M M I S S I O N SEC. 493. (a) 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 unrea- sonable or discriminating charge for such facility or service is pro- hibited and is hereby declared unlawful. (b) 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. 43-201), is amended to read as 37 Stat. 995; 78 Stat. 634. follows: "The Public Service Commission of the District of Columbia shall be composed of three Commissioners appointed by the Mayor by and with the advice and consent of the Council.". ARMORY BOARD SEC. 494. The first sentence of section 2 of the Act of June 4, 1948 (D.C. Code, sec. 2-1702), is amended to read as follows: "There is 62 Stat. 339. established an Armory Board, to be composed of the commanding general of the District of Columbia Militia, 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 o r EDUCATION SEC. 495. The control of the public schools in the District of Colum- bia is vested in a Board of Education to consist of eleven elected mem- bers, 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
812 PUBLIC LAW 93-198-DEC. 24, 1973 [87 STAT. 69 Stat. 699; ^f Columbia Election Act. The election of the members of the Board ^^D^c.^'Jodl* 1- of P^ducation shall be conducted on a nonpartisan basis and in accord- 1101 note. ance with such Act. TITLE V—FEDERAL PAYMENT DUTIES OF T H E MAYOR, C O U X C I L , AND FEDERAL OFFICE OF M A N A G E M E N T AND BUDGET SEC. 501. (a) I t shall be the duty of the Mayor in preparing an annual budget for the government of the District to develop mean- ingful intercity expenditure and revenue comparisons based on data supplied by the Bureau of the Census, and to identify elements of cost and benefits to the District which result from the unusual role of the District as the Nation's Capital. The results of the studies con- ducted by the Mayor under this subsection shall be made available to the Council and to the Federal Office of Management and Budget for their use in reviewing and revising the Mayor's request with respect to the level of the appropriation for the annual Federal pay- ment to the District. Such Federal payment should operate to encour- age eiforts on the part of the government of the District to maintain and increase its level of revenues and to seek such efficiencies and economies in the management of its programs as are possible. (b) The Mayor, in studying and identifying the costs and benefits to the District brought about by its role as the Nation's Capital, should to the extent feasible, among other elements, consider— (1) revenues unobtainable because of the relative lack of tax- able Commercial and industrial property; (2) revenues unobtainable because of the relative lack of tax- able business income; (3) potential revenues that would be realized if exemptions from District taxes were eliminated; (4) net costs, if any, after considering other compensation for tax base deficiencies and direct and indirect taxes paid, of provid- ing services to tax-exempt nonprofit organizations and corporate offices doing business only with the Federal Government; (5) recurring and nonrecurring costs of unreimbursed services to the Federal Government; (6) other expenditure re(piirements placed on the District by the Federal Government which are unique to the District; (7) benefits of Federal grants-in-aid relative to aid given other States and local governments; (8) recurring and nonrecurring costs of unreimbursed services rendered the District by the Federal Government; and (9) relative tax burden on District residents compared to that of residents in other jurisdictions in the Washington, District of (^olumbia, metropolitan area and in other cities of comparable size. re^ue^t'^^^ Payment ^(.) ^ h e Mayor shall submit his request, with respect to the amount of an annual Federal payment, to the Council. The Council shall by pfe^'id'e'nt^^ *° act approve, disapprove, or modify the Mayor's request. After the action of the Council, the Mayor shall, by December 1 of each calendar year, in accordance with the provisions in the Budget and Account- 42 Stat. 20. ii^j,. Act, 1921 (31 U.S.C. 2), submit such request to the President for submission to the Congress. Each request regarding an annual Fed- eral payment shall be submitted to the President seven months prior to the beginning of the fiscal year for which such request is made and shall include a request for an annual Federal payment for the next following fiscal year.
87 STAT. ] PUBLIC LAW 93-198-DEC. 24, 1973 813 A U T H O R I Z A T I O N OF A P P R O r R I A T I O X S SEC. 502. Notwithstanding any other provision of law, there is authorized to be appropriated as the annual Federal payment to the District of Columbia for the fiscal year ending June 30, 1975, the sum of $230,000,000; for the fiscal year ending June 30, 1976, the sum of $254,000,000; for the fiscal year ending June 30, 1977, the sum of $280,000,000; for the fiscal year ending June 30, 1978, and for each fiscal year thereafter, the sum of $300,000,000. T I T L E V I — E E S E E V A T I O N O F CONGKESSIONAL AUTHOEITY RETENTION o r CONSTITUTIONAL AUTHORITY SEC. 601. Notwithstanding any other provision of this Act, the Congress of the United States reserves the right, at any time, to exer- cise 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. L I M I T A T I O N S ON T H E C O U N C I L SEC. 602. (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 projjerty of the United States or any of the several States; (2) lend the public credit for support of any private under- taking ; (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 exclu- sively in or to the District ; (4) enact any act, resolution, or rule with respect to any pro- vision of title 11 of the District of Columbia Code (relating to D.C. code n- 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 "resi- dent" 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): ei stat. 332; (6) enact any act, resolution, or rule which permits the build- ^.c. code'47.. ing of any structure within the District of Columbia in excess of issic. the height limitations contained in section 5 of the Act of June 1, 1910 (D.C. Code, sec. 5-405), and in eifect on the date of enact- 36 stat. 452; 75 Stat. 5 8 3 . ment or this Act; (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; or (9) enact any act, resolution, or rule with respect to any pro- vision of title 23 of the District of Columbia Code (relating to 101. D . C . Code 2 3 - criminal procedure), or with respect to any provision of any law codified in title 22 or 24 of the District of Columbia Code
814 PUBLIC LAW 93-198-DEC. 24, 1973 [87 STAT. D.C. Code 22- (relating to crimes and treatment of prisoners) during the twenty- 101,24-101. 1^^^^. ^^^jj calendar months immediately following the day on which the members of the Council first elected pursuant to this Act take oiRce. (b) Nothing in this Act shall be construed as vesting in the District government any greater authority over the National Zoological Park, the National (juard 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 C*ommissioner prior to the effective date of Post, p. 836. title I V of this Act. (c) (1) Except acts of the Council which are submitted to the Presi- 42 Stat. 20. (jeiit in accordance with the Budget and Accounting Act, 1921, any Ante,^^^p . '^- 78 act which the Council determines according to section 412(a), should take effect immediately because of emergency circumstances, and acts D.C. a c t s , transmittal to proposing amendments to title I V of this Act, the Chairman of the spea^keVo/ the Couucil shall trausmit to the Speaker of the House of Representatives, ^°"^^ ^"d Pre si- j^i^(j (i^g 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 (and with respect to which the President has not sustained the Mayor's veto), and every act passed by the Council and allowed to become effective by the Mayor without his signature. Except as provided in paragraph (2), no such act shall take effect until the end of the 30-day period (excluding Saturdays, Sundays, and holidays, and any day on which either House is not in session) beginning on the day such act is transmitted bv the Chairman to the Speaker of the House of Representatives and the Pres- ident of the Senate and then only if during such 30-day period both Houses of Congress do not adopt a concurrent resolution disapproving such act. The provisions of section 604, except subsections ( d ) , (e), and (f) of such section, shall apply with respect to any concurrent resolu- tion disapproving any act pursuant to this paragraph. (2) I n the case of any such act transmitted by the Chairman with respect to any Act codified in titles 22, 23, or 24 of the District of io'?fo'2^4°-fou^" <^^olumbia Code, such act shall take effect at the end of the 30-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 only if during such 30-day period one House of Congress does not adopt a resolution disapproving such act. The provisions of section 604, relating to an expedited procedure for consideration of resolutions, shall apply to a simple resolution disapproving such act as specified in this paragraph. BUDGET P R O C E S S ; L I M I T A T I O N S ON BORROWING AND S P E N D I N G SEC. 603. (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 Fed- eral Office of Management and Budget, and the Comptroller General of the United States in the preparation, review, submission, examina- tion, authorization, and appropriation of the total budget of the Dis- trict 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 14 per centum of the District revenues (less court fees, any
87 STAT. ] PUBLIC LAW 93-198-DEC. 24, 1973 815 fees or revenues directed to servicing revenue bonds, retirement con- tributions, 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 section 2501, title 47 of the District of Columbia Code, as amended. ss^stars'ss^'" (2) Obligations incurred pursuant to the authority contained in the District of Columbia Stadium Act of 1957 (71 Stat. 619; D.C. Code title 2, chapter 17, subchapter I I ) , and obligations incurred by the ^^^•^- '^°'^'' ^' agencies transferred or established by sections 201 and 202, whether ^^Je, p. 773. incurred before or after such transfer or establishment, shall not be included in determining the aggregate amount of all outstanding obli- gations subject to the limitation specified in the preceding subsection, (3) The 14 per centum limitation specified in paragraph (1) shall be calculated in the following manner: (A) Determine the dollar amount equivalent to 14 percent of the District revenues (less court fees, any fees or revenues directed to servicing revenue bonds, 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 cer- tifies, 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 obliga- tion bonds 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. (D) If in any one fiscal year the sum arrived at by adding subparagraphs (B) and (C) exceeds the amount determined under subparagraph ( A ) , then the proposed general obligation bond or such Treasury loan in subparagraph (C) cannot be issued. (c) 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. For the purposes of this section, the Council shall use a Fedr- eral payment amount not to exceed the amount authorized by Congress. In determining w^hether any such budget would result in expendi- tures so being made in excess of such resources, amounts included in the budget estimates of the District of Columbia courts in excess of the recommendations of the Council shall not be applicable. (d) 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). (e) Nothing in this Act shall be construed as affecting the applica- bility to the District government of the provisions of section 3679 of the Revised Statutes of the United States (31 U.S.C. 665), the so-called Anti-Deficiency Act.
816 PUBLIC LAW 93-198-DEC. 24, 1973 [87 STAT. CONGRESSIOXAL ACTION ON CERTAIN DISTRICT MATTERS SEC. 604. (a) This section is enacted by Congress— (1) as an exercise of tlie rnlemaking power of the Senate and the House of Representatives, respectively, and as such these pro- visions are deemed a pai't 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. "Resolution." (b) F o r the purpose of this section, "resolution" means only a concurrent resolution, the matter after the resolving clause of which is as follows: "That the —— approves/disapprov-es 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 one action. Referral to congressional (c) A resolution with respect t o Council action shall be referred committees'.'"" to thc Committce on the District of Columbia of the House of Repre- sentatives, or the Committee on the District of Columbia of the Sen- ate, 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 twenty calendar days after its inti'oduction, it is in order to move to discharge the committee from further consid- eration 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 (exce})t that it may not be made after the committee has reported a resolution with i-espect to the same action), and debate thereon shall be limited to not more than one hour, to be divided equally between tliose 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 re])orted, 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 dis- agreed 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 sliall be limited to not more than ten 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 oi'der 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.
87 STAT. ] PUBLIC LAW 93-198-DEC. 24, 1973 817 (]) Appeals from the decisions of the Chair relating to the applica- tion 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. T I T L E V I I — R E F E E E N D U M ; S U C C E S S I O N I N GOVERN- MENT; TEMPORARY PROVISIONS; MISCELLANEOUS; A M E N D M E N T S TO D I S T R I C T O F COLUMBIA E L E C T I O N ACT; RULES OF CONSTRUCTION; AND E F F E C T I V E DATES PART A—CHARTER REFERENDUM REFERENDUM SEC. 701. 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 con- ducted to determine whether the registered qualified electors of the District accept the charter set forth as title I V of this Act. BOARD OF E L E C T I O N S AUTHORITY SEC. 702. (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 efi^ect unless the charter is accepted under this title, the applicable provisions of part E of title V I I of this Act shall govern the Board of Elections in the performance of its duties under this Act. REFERENDUM BALLOT AND NOTICE OF VOTING SEC. 703. (a) The charter referendum ballot shall contain the fol- lowing, 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 pro- vides 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. "D For the charter "D Against the charter. "In addition, the Act referred to above authorizes the establish- ment of Advisory Neighborhood Councils if a majority of the registered qualified voters in the District vote for such Councils. "Indicate in one of the squares provided below whether you are for or against the establishment of Advisory Neighborhood Councils. " n For Advisory Neighborhood Councils " n 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
818 PUBLIC LAW 93-198-DEC. 24, 1973 [87 STAT. showing tlie polling place of such elector and the date and hours of voting. Voting infor- (d) Not less than one day before the charter referendum, the Board mation, publica- tion. of Elections shall publish, in one or more newspapers of general cir- culation published in the District, a list of the polling places and the date and hours of voting. ACCEPTANCE OR X O N A C C E P T A N C E OF CHARTER SEC. 704:. (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 ) . Certification. (b) The Board of Elections shall, within a reasonable time, but in no event more than thirty days after the date of the charter referen- dum, certify the results of the charter referendum to the President of the LTnited States and to the Secretary of the Senate and the Clerk of tlie House of Representatives. PART B—SUCCESSION I N GOVERNMENT A U O L I S I I ^ I E N T OF E X I S T I N G G O V E R N M E N T A N D TRANSFER OF F U N C T I O N S SEC. 711. 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 81 Stat, 948, Columbia, as established by Reorganization Plan Numbered 3 of 1967, 5 u s e a p p . II, D , C . Code 1- are abolished as of noon January 2,1975. This subsection shall not be app. construed to reinstate any governmental body or office in the District abolished in said plan or otherwise heretofore. CERTAIN DELEGATED F U N C T I O N S A N D F U N C T I O N S OF C E R T A I N AGENCIES SEC, 712. No function of the District of Columbia Council (estab- lished 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, nov any function now vested pursuant to section 501 of Reorganization Plan Numbered 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 con- sidered as a function transferred to the Council pursuant to section 404(a) of tliis Act, Each such function is hereby transferred to the offi- cer, employee, or agency (inchiding any body of or under such agency), to whom or to wliich 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. T R A N S F E R OF P E R S O N N E L , PROPERTY, A N D FUNDS SEC, 713. (a) I n 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 su(*h transfer of functions) to the Council, to the Mayor, to such
87 STAT. ] PUBLIC LAW 93-198-DEC. 24, 1973 819 agency, or to the agency of which such officer is the head, for use in the administration of the functions of tJie 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 L^istrict of Columbia Council, the other members thereof, all of whose offices are abolished by this Act), property, records, and unexpended balances of appropriations and other funds which relate primarily to the func- tions so transferred. (b) If any question arises in connection w^th the carrying out of subsection (a), 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 func- tions are transferr-ed to him or to any other- officer or agency. (c) Any of the personnel authorized to be transferred to the Coun- cil, 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 neces- sary for the administration of its or his function shall, in accordance with law, be retransferred to other positions in the District or Fed- eral Government or be separated from the service. (d) Xo officer or employee shall, by reason of his transfer to the Distr-ict government under this Act or his separation from service under- this Act, be deprived of any civil service rights, benefits, and l)r-ivileges held by him prior to such tr-ansfer or any right of appeal or review^ he may have by reason of his separation from service. r<:xiSTING STATUTES, Rr^OULATIOXS, AND OTHP^H ACTIONS SEC. 714. (a) Any statute, r-egulation, or other action in i-espect of (and any r-egulation or other action issued, made, taken, or- granted by) any officer or agency fr-om which any function is tr-ansferred 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 liad not been made; but after such transfer, references irr such statute, regula- tion, or other action to an officer or agency from which a tr-ansfer is made by this Act shall be held and considered to refer to the officer or agency to which the transfer is made. (h) As used in subsection ( a ) , the term "other action" includes, "other action." without limitation, any nrle, or-cler, contract, compact, policy, deter- mination, directive, grant, authorization, permit, requirement, or designation. (c) Unless otherwise specifically provided in this Act, nothing con- tained in this Act shall be construed as affecting the applicability to tlie District gov^ernment of personnel legislation r-elating to the Dis- trict gover-nment until such time as the Council may otherwise elect to provide etpial or equivalent coverage. T E X D I X G ACTIONS ANr:) PliOCEEDINGS SEC. 715. (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 cour-t, unless it deternrines that the survival of such suit, action, or other- proceedings is not necessary for purposes of settlement of the
820 PUBLIC LAW 93-198-DEC. 24, 1973 [87 STAT. questions involved, tiliall 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 substi- tutions as to parties and officers or agencies as are appropriate. VACANCIES K E S n . T T X G FROM A l i O L I S H M E N T OF OFFICES OF C O M M I S S I O N E R A N D ASSISTANT TO T H E C O M M I S S I O N E R SEC. 716. 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 se(?tion 711, 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 T H E DISTRICT SEC. 717. (a) 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 20 Stat. 102. Statutes relating to the District (D.C. Code, sec. 1-102). Said Cor- poration shall continue to be charged with all the duties, obligations, responsibilities, and liabilities, and to be vested with all of the powers, rights, i^rivileges, immunities, and assets, respectively, imposed upon and vested in said Corporation or the Commissioner. (b) No law or regulation which is in force on the effective date of title I V of this Act 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, notwith- standing the provisions of section 752 of this Act, such authority to repeal shall not be construed as authorizing the Council to repeal or otherwise alter, by amendment or otherwise, any provision of sub- 80 Stat. 525. chapter I I I of chapter 73 of title 5, United States Code, in whole or 5 u s e 7321. in part. (c) 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 D . C . Code 1-101 n o t e . the provisions of title I of the Act of October 31, 1945 (59 Stat. 552). C O X T I N U A T K ^ N OF T H E DISTRICT OF COLUMBIA COURT SYSTEM SEC. 718. (a) The District of Columbia Court of Appeals, the Superior Court of the District of Columbia, and the District of Columbia Connnission on Judicial Disabilities and Tenure shall con- tinue as provided under the District of Columbia Court Reorganiza- ^'*^*^^''^'*'^* tion Act of 1970 subiect to the provisions of part C of title I V of D . C . Code note ,i • i . '-, ,• nAr, / \ /A\ prec. 11-101. this Act and section 602(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 I V of this Act shall not be affected by the provisions of part C of title I V of this Act. No provision of this Act shall be construed to extend the term of any such judge or member of such Commission. Judges of the
87 STAT. ] PUBLIC LAW 93-198-DEC. 24, 1973 821 District of Cohiiiibia courts and members of the District of Columbia Commission on Judicial Disabilities and Tenure appointed after the effective date of title I V of this Act shall be appointed according to part C of such title IV. (c) Nothing in this Act shall be construed to amend, repeal, or diminish the duties, rights, privileges, or benefits accruing under sec- tions 1561 through 1571 of title 11 of the District of Columbia Code, ^^ stat. 449. and sections 703 and 904 of such title, dealing with the retirement and ^"^ ^'^'- '^'^^' compensation of the judges of the District of Columbia courts. C O N T I N U A T I O N O F T H E BOARD OF EDUCATION SEC. 719. The term of any member elected to the District of Colum- bia Board of Education, and the powers and duties of the Board of Education, shall not be affected by the provisions of section 495. 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 PROVISIONS POWERS OF THE PRESIDENT DURING TRANSITIONAL PERIOD SEC. 721. The President of the United States is hereby authorized and reciuested to take such action during the period following the date of the enactment of this Act and ending on the date of the first meet- ing of the Council, by Executive order or otherwise, with respect to the administration of the functions of the District government, as lie deems necessary to enable the Board of Elections properly to per- form its functions under this Act, I t E I M B l RSABLE APPROPRIATIONS FOR T H E DISTRICT SEC. 722. (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 paying the expenses of the Board of Elections (including compensa- tion of the members thereof), and (2) in oAerwise 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 inter- est, during the second fiscal year which begins after the effective date of title I V , from the general fund of the District. I N T E R I M LOAN A U T H O R I T Y SEC. 728. (a) The Mayor is authorized to accept loans for the Dis- trict from the Treasury of the United States, and the Secretary is authorized to lend to the Mayor, such sums as the Mayor may deter- mine 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 the effective date of title I V . 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. 83 stat. 320. (b) Loans advanced pursuant to this section during any six-month ^.c. code 1- period shall be at a rate of interest determined by the Secretary as ^^^inte^el^rate. of the beginning of such period, which, in his judgment, would reflect the cost of money to the Treasury for borrowing at a maturity approx- imately equal to the period of time the loan is outstanding.
822 PUBLIC LAW 93-198-DEC. 24, 1973 [87 STAT. Appropriation. (c) Subject to the limitations contained in section 603(b), there are authorized to be appropriated such sums as may be necessary to malce loans under this section. PART D—MISCELLANEOUS AGREEMENTS W I T H U N I T E D STATES F e d e r a l govern- ment s e r v i c e s . SEC. 731. (a) For the purpose of preventing duplication of effort or for the purpose of otherwise promoting efficiency and economy, any Federal officer or agency may furnish services to the District govern- ment and any District officer or agency may furnish services to the Federal Government. Except where the terms and conditions govern- ing the furnishing of such services are prescribed by other provisions of law, such services shall be furnished pursuant to an agreement (1) negotiated by the Federal and District authorities concerned, and (2) approved by the Director of the Federal Office of JNIanagement and Budget and by the Mayor. Each such agreement shall provide that the cost of furnishing such services shall be borne in the manner pro- vided in subsection (c) by the government to which such services are furnished at rates or charges based on the actual cost of furnishing such services. Delegation of functions. (b) For the purpose of carrying out any agreement negotiated and approved pursuant to subsection ( a ) , any District officer or agency may in the agreement delegate any of his or its functions to any Fed- eral officer or agency, and any Federal officer or agency may in the agreement delegate any of his or its functions to any District officer or agency. Any function so delegated may be exercised in accordance with the terms of the delegation. C o s t s , payment. (c) The cost to each Federal officer and agency in furnishing sei'v- ices to the District pursuant to any such agreement are authorized to be paid, in accordance with the terms of the agreement, out of appi-o- priations available to the District officers and agencies to which such services are furnished. The costs to each District officer- and agency in furnishing services to the Federal Government pursuant to any such agreement are authorized to be paid, in accordance with the terms of the agreement, out of appropriations made by the Con- gress or other funds available to the Federal officers and agencies to Metropolitan which such services are furnished, except that the Chief of the Metro- police, assistance to U.S. Secret politan Police shall on a nonreimbursable basis when requested by Service and Ex- the Director of the United States Secret Service assist the Secret Serv- ecutive Protective ice and the Executive Protection Service in the performance of their Service. respective protective duties under section 3056 of title 18 of the 65 Stat. 122; United States Code and section 302 of title 3 of the LTnited States Code. 84 Stat. 1941. 65 Stat. 712. PERSONAL I N T E R E S T I N CONTRACTS OR TRANSACTIONS SEC. 732. Any officer or employee of tlie District who is convicted of 76 Stat. 1124. a violation of section 208 of title 18, United States Code, shall forfeit [lis office or position. C O M P E N S A T I O N FROM :\r()RE TITAN O N E SOURCE SEC. 733. (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 because he occupies another office or i^osition 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
87 STAT. ] PUBLIC LAW 93-198-DEC. 24, 1973 823 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 T H E U N I T E D STATES CIVIL SERVICE C O M M I S S I O N I N D E V E L O P M E N T OF DISTRICT M E R I T SYSTEM SEC. 734. The United States Civil Service Commission is hereby authorized to advise and assist the Mayor and the Council in the fur- ther development of the merit system or systems required by section 422(3) and the said Commission is authorized to enter into agree- Ante, p. 791. ments with the District government to make available its registers of eligibles as a recruiting source to fill District positions as needed. The costs, costs of any specific services furnished by the Civil Service Commis- sion may be compensated for under the provisions of section 731 of this Act. REVENUE SHARING RESTRICTIONS SEC. 735. Section 141(c) of the State and Local Fiscal Assistance Act of 1972 (86 Stat. 919) is amended to read as follmvs: 3i use uei. "(c) DISTRICT OF COLUMBIA.—For purposes of this title, tlie District of Columbia shall be ti'eated both— "(1) as a State (and any reference to the Governor of a State shall, in the case of the District of Columbia, be treated as a reference to the Mayor of the District of Columbia), and "(2) as a county area which has no units of local government (other than itself) within its geographic area.". INDEPENDENT AIDIT Annual GAG SEC. 736. (a) In addition to the audit carried out under section 455, audit. the accounts and operations of the District government shall be audited annually by the General Accounting Office in accordance with such j)rinciples and procedures, and in such detail, and under such rules and I'egulations as may be prescribed by the Comptroller General of the ITnited States. In the determination of the auditing procedures to be followed and the extent of the examination of vouchers and other documents, the Comptroller General shall give due regard to generally accepted principles of auditing, including consideration of the effectiveness of the accounting organizations and systems, inter- nal audit and control, and related administrative practices. The rep- j^^f^'^'^^' ^""^^^ resentatives of the Genei-al Accounting Office shall have access to all books, accounts, records, re])oi"ts, files, and all other papers, things, or property belonging to or in use by the District and necessary to facilitate the audit, and such representatives shall be afforded full facilities for auditing the accounts and operations of the District govei'iiment. (b) (1) The Comptroller General shall submit his audit reports to ^®P°f*^ '° ^°"; the Congress, the Mayor, and the Council. The reports shall set forth gCouncil. r e s s , Mayor, and the scope of the audits and shall include such comments and informa- tion as the Comptroller General may deem necessary to keep the Con- gress, the Mayor, and the Council informed of the operations to which the reports relate, together with such recommendations with respect thereto as the Comptrollei- General may deem advisable, (2) After the Mayor has had an opportunity to be heard, the Council .j^^"^^^'^ inspec may make such report, together with such other material as it deems tion. pertinent thereto, available for public inspection.
824 PUBLIC LAW 93-198-DEC. 24, 1973 [87 STAT. Audit recommen- d a t i o n s , com- (3) The Mayor, within lunety days after receipt of the audit from pliance. the Comptroller General, shall state in writing to the Council, with a copy to the Congress, what has been done to comply with the recom- mendations made by the Comptroller General in the report. ADJUSTMENTS Debt payment. SEC. 737. (a) Subject to section 731, the Mayor, with the approval of the Council, and the Director of the Oifice of Management and Budget, is authorized and empow^ered to enter into an agreement or agreements concerning the manner and method by w^hich amounts owed by the District to the United States, or by the L^nited States to the District, shall be ascertained and paid. Demonstration (b) The United States shall reimburse the District for necessary c o s t s , reimburse- ment. expenses incurred by the District in connection with assemblages, marches, and other demonstrations in the District W'hich relate pri- marily to the Federal Government. The manner and method of ascer- taining 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. Surety bond. (c) Each officer and employee of the District required to do so by the Council shall provide a bond wath such surety and in such amount Premiums, pay- as the Council may require. The premiums for all such bonds shall be ment. paid out of appropriations for the District. ADVISORY XEIGIIBORIIOOD COUNCILS Petition re- Shid. 738. (a) The Council shall by act divide the District into quirement. neighborhood council areas and, upon receiving a petition signed by at least 5 per centum of the I'egistered qualified electors of a neighbor- hood council area, shall establish for that neighborhood an elected advisory neighborhood council. I n designating such neighborhoods, the Council shall consider natural geographic boundaries, election districts, and divisions of the District made for the purpose of admin- istration of services. Elections. (b) Elections for members of each advisory neighborhood council shall be nonpartisan, shall be scheduled to coincide with the elections Administration. of members of the Board of Education held in the District, and shall be administered by the Board of Elections. Advisory neighborhood council members shall be elected from single member districts within each neighborhood council area by the registered qualified electors thereof. Functions. (c) Each advisory neighborhood council— (1) may advise tlie District government on matters of public policy including decisions regarding planning, streets, recreation, social services programs, health, safety, and sanitation in that neighborhood council area; (2) may employ staff and expend, for public purposes within its neighborhood council 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. Notices. (d) I n the manner provided by act of the Council, in addition to any other notice required by law, timely notice shall be given to eacli advisory neighborhood council of requested or proposed zoning changes, \ari^nces. public unprovements, licenses or permits of signifi- cance to ueighborliood planning and development within its neigh- borhood council area for its review, comment, and recommendation.
87 STAT.] PUBLIC LAW 93-198-DEC. 24, 1973 825 (e) I n order to pay the expenses of the advisory neighborhood Council ex- p e n s e s , funds, ap- councils, enable them to employ such staff as may be necessary, and to portionment. conduct programs for the welfare of the people in a neighborhood council area, the District government shall apportion to each advisory neighborhood council, out of the revenue of the District received from the tax on real property in the District including improvements thereon, a sum not less than that part of such revenue raised by levying 1 cent per $100 of assessed valuation which bears the same ratio to the full sum raised thereby as the population of the neighborhood bears to the population of the District. The Council may authorize additional methods of financing advisory neighborhood councils. (f) The Council shall by act make provisions for the handling of Employment guidelines. funds and accounts by each advisory neighborhood council and shall establish guidelines with respect to the employment of persons by each advisory neighborhood council 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 councils and shall provide that decisions to employ and discharge employees shall be made by the advisory neighborhood council. These provisions shall conform to the extent practicable to the regular budgetary, expenditure and auditing procedures and the personnel merit system of the District. Legislative (g) The Council shall have authority in accordance with the provi- thority. sions of this Act, to legislate with respect to the advisory neighbor- hood councils established in this section. (h) The foregoing provisions of this section shall take effect only if agreed to in accordance witli tlie provisions of section 703(a) of this Act. X A T I O X A L CAPITAL SERVICE AREA SEC. 739. (a) There is establislied within the District of Columbia Establishment. tlie National Capital Service Area which shall include, subject to the following provisions of this section, the principal Federal monuments, the White House, tlie 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). (b) There is established in the Executive Office of the President the National Ca})ital Service Director who shall be appointed by the Pres- ident. The President, through the National Capital Service Director, shall assure that there is j)rovided, utilizing District of Columbia gov- ei-nmental services to the extent practicable, within the area specified in subsection (a) and particularly described in subsection ( f ) , adequate fire })]"otection and sanitation services. Except with respect to that ))ortion 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, as amended (40 U.S.C. 193a and 193m), 60 Stat. 718; 81 Stat. 275. the United States Supreme Court Building and Grounds as defined in D . C . Code section 11 of the Act of August 18, 1949, as amended (40 U.S.C. 13p), 9-118, 9-132. 63 Stat. 617. and the Library of Congress Buildings and Grounds as defined in sec- tion 11 of the Act of August 4, 1950, as amended (2 U.S.C. 167j), the 64 Stat. 412; 84 Stat. 309. National Cai)ital Service Director shall assure that there is provided within the remainder of such area specified in subsection (a) and sub- section (f), adequate police i:)rotection and maintenance of streets and highwavs. (c) The National Capital Service Director shall be entitled to Compensation. receive compensation at the maximum rate as may be established from time to time for level I V of the Executive Schedule of section 5314 of title 5 of the T'^nited States Code. The Director may appoint, subject to the provisions of title 5 of the United States Code governing 5 u s e 101 (it seq. appointments in the competitive service, and fix the pay of, in accord-
826 PUBLIC LAW 93-198-DEC. 24, 1973 [87 STAT. 80 Stat. 443, ance with the provisions of chapter 51 and subchapter 3 of chapter 53 467. 5 u s e 5101, of such title relating to classification and General Schedule pay rates, 5331. such personnel as may be necessary. (d) Section 45 of the Act entitled "An Act to provide for the orga- nization of the militia of the District of Columbia", approved March 1, 25 Stat. 778; 1889 (D.C. Code, sec. 39-603), is amended by inserting after 35 Stat. 634. "United States Marshal for the District of Columbia," the following: "or for the National Capital Service Director,". P r e s i d e n t i a l re- (e) (1) Within one year after the effective date of this section, the port to C o n g r e s s . President is authorized and directed to submit to the Congress a report on the feasibility and advisability of combining the Executive Protec- tive 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 rec- ommendations for legislative and executive action, as the President deems necessary in carrying out the provisions of paragraph (1) of this subsection. Boundaries. (f) (1) (A) The National Capital Service Area referred to in sub- section (a) 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 Theo- dore 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 Eighteenth Street Northwest; thence south on Eighteenth Street Northwest to Constitution Avenue Northw^est; thence east on Constitution Avenue to Seventeenth Street North- west ; thence north on Seventeenth Street Northwest to Pennsylvania Avenue Northwest; thence east on Pennsylvania Avenue to Jackson Place North- west ; thence north on Jackson Place to H Street Northwest; thence east on H Street Northwest to Madison Place North- west; thence south on Madison Place Northwest to Pennsylvania Ave- nue Northwest; thence east on Pennsylvania Avenue Northwest to Fifteenth Street Northwest; thence south on Fifteenth Street Northwest to Pennsylvania Avenue Northwest; thence southeast on Pennsylvania Avenue Northwest to John Mar-shall Place Northwest; thence north on John Marshall Place Northwest to C Street Northwest; thence east on C Street Northwest to Third Street Northwest; thence north on Third Street Northwest to D Street Northwest; thence east on D Street Northwest to Second Street Northwest; thence south on Second Street Northwest to the intersection of Constitution Avenue Northwest and Louisiana Avenue North- west ; thence northeast on Louisiana Avenue NortliAvest to North Cap- itol Street;
87 STAT. ] PUBLIC LAW 93-198-DEC. 24, 1973 827 thence north on Xortli Capitol Street to Massachusetts Avenne Northwest; thence southeast on Massachusetts Avenue Xoithwest so as to encompass Union Square; thence following Union Square to F Street Northeast ; thence east on F Street Northeast to Second Street Northeast; thence south on Second Street Northeast to D Street Northeast; thence west on D Street Northeast to First Street Northeast; thence south on First Street Northeast to Maryland Avenue Northeast; thence generally north and east on Maryland Avenue to Second Street Northeast; thence south on Second Street Northeast to C Street Southeast; thence west on C Street Southeast to New Jersey Avenue South- east ; 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 Pai'kway to E Street South- east; thence west on E Street Southeast to the intersection of Canal Street Southwest and South Capitol Street; thence northwest on Canal Street Southwest to Second Street Southwest; thence south on Second Street Southwest to Virginia Avenue Southwest; thence generally west on Virginia AA^enue to Third Street Southwest; thence north on Third Street Southwest to C Street Southwest; thence west on C Street Southwest to Sixth Street Southwest; thence north on Sixth Street Southwest to Independence Avenue; thence west on Independence A^•enue to Twelfth Street South- west ; thence south on Twelfth Street Southwest to D Street South- west ; thence west on D Street Southwest to Fourteenth Street South- west ; thence south on Fourteenth Street Southwest to the middle of the Washington Channel; thence generally south and east along the midchannel of the Washington Channel to a point due west of the northern bound- ary line of Fort Lesley McNair; thence due east to the side of the Washington Channel; thence following gener-ally 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 north- ern shore at the mean high water mark to the northern most point of the Eleventh Street Bridge; thence generally south and east along the northern side of the Eleventh 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 sliore 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
828 PUBLIC LAW 93-198-DEC. 24, 1973 [87 STAT. to the point where it meets the present Virginia-District of Colum- bia 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 paragraph (1) is bounded by any street, such street, and any sidew^alk thereof, shall be included wdthin such area. (2) Any Federal real property affronting or abutting, as of the date of the enactment of this Act, the area described in paragraph (1) shall be deemed to be within such area. (3) F o r the purposes of paragraph (2), Federal real property affronting or abutting such area described in paragraph (1) shall— (A) be deemed to include, but not limited to. F o r t Lesley McNair, the Washington Navy Yard, the Anacostia Naval Annex, the United States Naval Station, Boiling 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 the enactment of this Act, nor be construed to include any portion of the Anacostia P a r k situated east of the northern side of the Eleventh Street Bridge, or any portion of the Rock Creek Park. Presidential (g) (1) Subject to the provisious of paragraph (2) of this subsec- ^""•"^y" tion, the President is authorized and directed to conduct a survey of the area described in this section in order to establish the proper metes ti(^^^fiirn '^^^'^"^* 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 adja- cent parking facilities owned by the District of Columbia government. (2) I n carrying out the provisions of paragraph (1) of this sub- section, 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 g^6o^stat.^7^i8; ^^^t of July 31, 1946, as amended (40 U.S.C. 193a and 193m), and D.c. Code other buildings and grounds under the care of the Architect of the 9-118, 9-132. Clapitol, consult with the Architect of the Capitol. (3) Section 1 of the Act of July 31, 1946, as amended by the Act of October 20, 1967 (60 Stat. 718; 81 Stat. 275; 40 U.S.C. 193a), is hereby amended to include within the definition of the United States Capitol Gi'ounds, the following streets: "Independence Avenue from the west curb of Fiist Street S.E. to the east curb of Fii-st Street S.W., New Jersey Avenue S.E. from the south curb of Independence Avenue to the noilh curb of D Street S.E., South Capitol Street from the south curb of Independence Avenue to the north curb of D Street; Delaware Avenue S.W. from the south curb of C Street S.W. to the north curb of D Street S.W., C Street from the west curb of First Street S.E. to the intersection of First and Canal Streets, S.W., D Street from the west curb of First Street S.E. to the intersection of Canal Street and Dehnvare Avenue S.W., that part of First Street Iving west of the outer face of the curb of the sidewalk on the east side thereof from I) Street. N.E. to D Street S.E., that part of First Street within the east and west curblines thereof extending from the north side of Pennsyhania Avenue N.W. to the intersection of C Street an«l Canal Stieet S.W.. includina: the two circles within such area.
87 STAT. ] PUBLIC LAW 93-198-DEC. 24, 1973 829 Nothing in tliis .section shall be construed as repealing, or otlierwise altering, modifying, atfecting, or superseding those provisions of law in effect on the date immediately preceding the effective date of title I V of this Act vesting authority in the United States Supreme Court police and Library of Congress police to make arrests in adjacent streets, including First Street N.E. and First Street S.E."'. (4) Section 9 of the Act of July 81, 1946, as amended (40 U.S.C. 212a), is amended by deleting "or of any State," and inserting in lieu 60 Stat. 719. D.C. Cod« thereof a comma and the following: "of the District of Columbia, or Q-Tie of any State,". (5) Section 9 of such Act is fui-ther amended by deleting the fol- lowing: ", with the exception of the streets and roadways shown on the map referred to in section 1 of this Act as being under the jurisdic- ^^y^^ ^-'^^ D.C. Code tion and control of the Commissioners of the District of Columbia.". -118. (6) Section 14(a) of the Act of July 31, 1946, as amended (40 U.S.C. 212b), is amended by deleting: '', except on those streets and 8460Stat. Stat. 720; 570. roadways shown on the map referred to in section 1 of this Act as D.C. code being under the jurisdiction and control of the Commissioners of the 9-i3i. District of Columbia". (7) Section 1 of the Act of July 31, 1946, as amended (40 U.S.C. 193a), is amended by deleting " : Provided^ That those streets and roadways in said Ignited States Capitol Grounds shown on said map as l)eing under the jurisdiction and control of the Commissioners of the District of Columbia shall continue under such jurisdiction and control, and said Commissioners shall be responsible for the mainte- nance and improvement thereof: Provided further^'' and inserting in lieu thereof a comma and the following: "including those streets and roadways in said United States Capitol Grounds as shown on said map as being under \\\& jurisdiction and control of the Commission- ers of tlie Disti'ict of (/'olumbia, except that the Commissioner of the Disti'ict of Columbia shall be responsible for the maintenance and im})rovement of those ])orti()ns of the following streets which are situ- ated between the curblines thereof: Constitution Avenue from First Street X.K. to Second Street X.W., First Street from D Street N.Pl to D Stieet S.E., 1) Street from First Sti'eet S.E. to Canal Street S.W., and First Sti-eet fi"om the north side of Louisiana Avenue to the inter- section of C Street and Canal Stieet S.W.: ProvkJed^\ (8) Section 9 of the Act of August 18. 1949, as amended (40 TJ.S.C. 13n), is amended by deleting "or of any State" and inserting in lieu es stat. eiv. thereof a comma and the following: "any law of the District of Columbia, or of any State,". (9) Section 9 of the Act of August 4, 1950, as amended (2 U.S.C. 167h), is amended by deleting "or of any State" and inserting in lieu 64 stat. 412. thereof a comma and the following: "any law of the District of (^ohmibia, or of any State,". ( h ) ( 1 ) Except to \\\<i^ ^^i^wi specifically provided by the provisions of this section, and amendments made by this section, nothing in this section shall be applicable to ih^ United States Capitol Buildings and Giounds as defined in sections 1 and 16 of the Act of July 31, 1946, as amended (40 U.S.C. 193a. 193m), or to any other buildings and eo stat. 71s; grounds under the care of the Architect of the Capitol, the United ^^D^c^.'code' States Supreme Court Building and Grounds as defined in section 11 9-118, 9-132. of the Act of August 18. 1949, as amended (40 U.S.C. 13p), and the 63 stat. 617. Librarv of (^ongress Buildings and Grounds as defined in section 11 of the Act of August 4, 1950, as amended (2 U.S.C. 167j), and except 84^stft'^3*oV^' 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 TJ.S.C. 193a et seq.), or any other of the general
830 PUBLIC LAW 93-198-DEC. 24, 1973 [87 STAT. 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 immedi- ately preceding the effective date of title I V of this Act 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, in the Senate, the House of Representatives, the Congress, or any committee or commis- sion 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 Linited States, or the I-ibrarian of Congress. Services and ^2) Notwithstanding the foregoing provision of this section, any of abuity.^^' ^^^' the services and facilities authorized by this Act to be rendered or furnished (including maintenance of streets and highways, and serv- ices under section 731 of this Act) 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 I V of this Act 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 rendi- tion 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). U.S. l a w s , ap plicability. (i) Except to the extent otherwise specifically provided in the pro- visions of this section, and amendments made by this section, all general laws of the Ignited States and all laws enacted by the Con- gress and applicable exclusively to the District of Columbia, includ- ing regulations and rules promulgated pureuant thereto, in effect on the date immediately preceding the effective date of title I V of this Act and which, on such date immediately preceding the effective date of such title, are applicable to and within the areas included within the National Capital Service Area pursuant to this section shall, on and after such effective date, 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 pro\ided by any such amendment, alteration, or modification. (j) In no case shall any person be denied the right to vote or other- wise participate in any manner in any election in the District of Colum- bia solely because such person resides within the National Capital Service Area. KlVrKROEXCY CONTROL OF POLICE SEC. 740. (a) Notwithstanding any other provision of law, when- over the I'resident of the United States determines that special condi- tions of an emergency nature exist which require the use of the Metropolitan Police force for Federal purposes, he may direct the Mayor to pi-ovide him, and the Mayor shall provide, such services of the Metropolitan Police force as the President may deem necessary Limitation. .l^^^\ appi'opriato. In no case, however, shall such services made avail-
87 STAT.] PUBLIC LAW 93-198-DEC. 24, 1973 831 able pureuaiit to any such direction under this subsection extend for a period in excess of forty-eight hours unless the President has, prior Notification re- to the expiration of such period, notified the Chairman and ranking quirement. 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 Termination. 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 oh which such services are first made available, or the adoption of a resolution by either the Senate or the House of Representatives providing for such termina- tion, 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 adoption of a resolution by either the Senate or the House of Representatives providing for such termination, which- ever first occurs, (d) Except to the extent provided for in subsection (c) of this sec- Extension. tion, 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 approve a concurrent resolution authorizing such an extension. HOLDING OFFICE IN THE DISTRICT SEC. 741. Notwithstanding any other provision of law, no person who is otherwise qualified to hold the office of Chairman or member of the Council or Mayor shall be disqualified from being a candidate for such office by reason of his employment in the competitive or excepted service of the United States. For the purposes of this section, a person shall be deemed to be a candidate on and after the date he qualifies under applicable provisions of law in the District to have his name placed on the ballot in either a primary or general election for the office for which he is a candidate. Such candidacy shall terminate— (1) with respect to a person w^ho has been defeated in a primary election held to nominate candidates for the office for which he is a candidate, on the day of such primary elex'tion ; (2) with respect to a person who is defeated in the general election held for the office for which he is a candidate, on the date of such general election; and (3) with respect to a person who is elected in the general elec- tion held for the office for which he is a candidate, on the date such person assumes such office. OPEN MEETINGS SEC. 742. (a) All meetings (including hearings) of any depart- ment, agency, board, or commission of the District government, includ- ing meetings of the District Council, 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.
832 PUBLIC LAW 93-198-DEC. 24, 1973 [87 STAT. Written tran- (b) A written transcript or a transcription shall be kept for all script, availabil- ity. 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. TERMINA'J'ION O F T H E DISTRICT'S A U T H O R I T Y TO BORROW FROM T H E TREASURY SEC. 743. (a) The first section of the Act entitled "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 participa;tion in meeting costs of maintaining the Nation's Capital City", approved June 6, 1958 (72 Stat. 183; D.C. Code, sec. 9-220), is amended by striking out sub- sections ( b ) , ( c ) , ( d ) , and ( e ) . (b) The x\^ct entitled "An Act authorizing loans from the United States Treasury for the expansion of the District of Columbia water system", approved June 2,1950 (60 Stat. 195; D.C. Code, sec. 43-1540), is repealed. (c) Title I I of the Act entitled "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. 108), is amended by striking out sections 213, 214, 216, 217, and 218 (D.C. (^ode, sections 43-1612, 43-1613, 43-1615, 43-1616, and 43-1617), authorizing loans from the United States Treasury for sanitary and combined sewer systems of the District. (d) Section 402 of title I V of such Act approved May 18,1954 (68 Stat. 110; D.C. Code, sec. 7-133), authorizing loans from the United States Treasury for the District of Columbia highway construction program, is repealed. Loan payment (e) Nothing contained in this section shall be deemed to relieve the obligation. District of its obligation to repay any loan made to it under the author- ity of the Acts specified in the preceding subsections, nor to preclude the District from using the unexpended balance of any such loan appi'opriated to the District prior to the effective date of this pro- vision, nor to prevent the District from fulfilling the provisions of section 722. PART E — A M E N D M E N T S TO THE DISTRICT OF COLUMBIA ELECTION A C T AMENDMENTS SEC. 751. The District of Columbia Election Act (D.C. Code, sees. 1 1101—1-1115) is amended as follows: 69 Stat. 699; (1) The first section of such Act (D.C. Code, sec. 1-1101) is J5 Stat. 788. amended by inserting immediately after "Board of Education,", the following: '*the members of the Council of the Distiict of Columbia, the Mayor". Ante, p . 311. (2) Section 2 of such Act (D.C. Code, sec. 1-1102) is amended by adding at the end thereof the following new paragraphs: Definitions. "(8) The term 'Council' or 'Council of the District of Columbia' means the (^ouncil of the District of Columbia established pursuant to the Distiict of (^olumbia Self-Government and Governmental Reorga- nization Act. "(9) The term 'Mayor' means the office of Mayor of the District of Oihnnbia established pursuant to the District of Columbia Self- GovernniiMit and Go\ernmental Reorganization Act."
87 STAT. ] PUBLIC LAW 93-198-DEC. 24, 1973 833 (3) Subsections ( h ) , ( i ) , ( j ) , a n d (k) of section 8 of such Act (D.C. Code, sec. 1-1108) are amended to read as follows: ^ ss^stf rV/o*^' " ( h ) (1) (A) The Delegate, Mayor, Chairman of the District Coun- Ante^p. 312', 313. oil and the four at-large members of the Council shall be elected by jj^limln* o'f'^he°'' the registered qualified electors of the District of Columbia in a gen- Dirtri'^t'councu eral election. Each candidate for the office of Delegate, Mayor, Chair- and at-iarge mem- man of the District Council, and at-large members of the Council in ^^"' election,, any general election shall, except as otherwise provided in subsection (j) of this section and section 10(d), have been elected by the regis- g^l^ll^*^^^°^' tered qualified electors of the District as such candidate by the next D.c.'code' precedmg primary election. 1-1110. " (B) (i) A member of the office of Council (other than the Chairman and any member elected at large) shall be elected in a general election by the registered qualified electors of the respective ward of the Dis- trict from which the individual seeking such office was elected as a candidate for such office as provided in clause (ii) of this paragraph. "(ii) Each candidate for the office of member of the Council (other than Chairman and at-large members) shall, except as other- wise provided in subsection (j) of this section and section 10(d), have been elected as such a candidate, by the registered qualified electors of the ward of the District from which such individual was nominated, at the next preceding primary election to fill such office within that ward. "(2) The nomination and election of any individual to the office of Delegate, Mayor, Chairman of the Council and member of the Council shall be governed by the provisions of this Act. No political party Restrictions. shall be qualified to hold a primary election to select candidates for election to any such office in a general election unless, in the next pre- ceding election year, at least seven thousand five hundred votes were cast in the general election for a candidate of such party for any such office or for its candidates for electors of President and Vice President. " ( i ) (1) Each individual in a primary election for candidate for the „Jj'°t"^^''°" office of Delegate, Mayor, Chairman of the Council, or at-large mem- petition. ber of the Council shall be nominated for any such office by a petition (A) filed with the Board not later than sixty days before the date of such primary election, and (B) signed by at least two thousand regis- tered qualified electors of the same political party as the nominee, or by 1 per centum of the duly registered members of such political party, whichever is less, as shown by the records of the Board of Elections as of the one hundred fourteenth day before the date of such election. "(2) Each individual in a primary election for candidate for the office of member of the Council (other than the Chairman and at-large members) shall be nominated for such office by a petition (A) filed with the Board not later than sixty days before the date of such pri- mary election, and (B) signed by at least two hundred and fifty per- sons in the ward from which such individual seeks election who are duly registered in such ward under section 7 of this Act, and who are _8569Stat. Stat. ^^ _^^^ 700; 790, 7 9 5 . of the same political party as the nominee. ""D"C.'co'de' "(3) A nominating petition for a candidate in a primary election ^-^o^. for any such office may not be circulated for signature before the one lation^. ^°"' ''"^'^' hundred fourteenth day preceding the date of such election and may not be filed with the Board before the eighty-fifth day preceding such date. The Board may prescribe rules with respect to the preparation and presentation of nominating petitions. The Board shall arrange the ballot of each political party in each such primary election as to enable a voter of such party to vote for nominated candidates of that party. "(j) (1) A duly qualified candidate for the office of Delegate, Mayor, Chairman of the Council, or member of the Council may, subject to 22-150 O - 75 - 55
834 PUBLIC LAW 93-198-DEC. 24, 1973 [87 STAT. tlie provisions of this subsection, be nominated directly as sucli a can- didate for election for such office (including any such election t o b e held to fill a vacancy). Such person shall be nominated by petition (A) filed with the Board not less than sixty days before the date of such general election, and (B) in the case of a person who is a candi- date for the office of member of the Council (other than the Chairman or an at-large member), signed by five hundred voters who are duly 69 Stat. 700; registered under section 7 in the ward from which the candidate seeks D.c^. Code election; and in the case of a person who is a candidate for the office 1-1107. of Delegate, Mayor, Chairman of the Council, or at-large member of the Council, signed by duly registered voters equal in number to l^^ per centum of the total number of registered voters in the District, as shown by the records of the Board as of one hundred fourteen days before the date of such election, or by three thousand persons duly registered under section 7, whichever is less. No signatures on such a petition may be counted which have been made on such petition more than one hundred fourteen days before the date of such election. ''(2) Nominations under this subsection for candidates for election in a general election to any office referred to in paragraph (1) shall be of no force and eifect with respect to any person whose name has appeared on the l)allot of a primary election for that office held within eight months before the date of such general election. '"(k) (1) In each general election for the office of member of the Council (other than the office of the Chairman or an at-large member) the Board shall arrange the ballots in each ward to enable a voter registered in that ward to vote for any one candidate who (A) has l)een duly elected by any political party in the next preceding pri- mary election for such office from such ward, (B) has been duly nominated to fill a vacancy in such office in such ward pursuant to sec- 69 Stat. 702. {[QJJ 10(d), or (C) lias been nominated directly as a candidate for such l"*^^*^^^* ' f ^^* office in such ward under subsection (i) of this section. D C Code • >J / 1-1 i 10. " (2) I n each general election for the office of Chairman and member of the Council at hirge, the Board shall arrange the ballots to enable a registered qualified elector to vote for as many candidates for election as members at large as there are members at large to be elected in such election, including the Chairman. Such candidates shall be only those persons who (A) have been duly elected by any political party in the next preceding primary election for such office, (B) have been duly nominated to fill vacancies in such office pursuant to section 10(d), or (C) have been nominated dii-ectly as a candidate under subsection (j) of this section. '•(B) In each general election for the office of Delegate and Mayor, the Board shall arrange the ballots to enable a registered qualified elector to vote for any one of the candidates for any such office who (X) has been duly elected by any political party in the next preceding primary election for such office, (B) has been duly nominated to fill a vacancy in such office pursuant to section 10(d), or (C) has been nomi- nated directly as a candidate under subsection (j) of this section.". (4) Paragraph (8) of section 10(a) of such Act (D.C. Code, sec. D^c.'^code^* 1-1110) is amended (1) by inserting " ( A ) " immediately before the 1-1110. word "Except", and (2) by adding at the end thereof the following: Z^^Tf/L^^^'^' tion dates. "(I^) Except as otherwise provided in the case of special elections under this Act pi-imary elections of each political party for the office of member of the Council shall be held on the fii-st Tuesday after the second Monday in September in 1974, and every second year there- after, and general election for such offices shall be held on the first Tuesdav' after the fii'st ^Monday in November in 1974 and every sec- ond vear thereafter.
87 STAT. ] PUBLIC LAW 93-198-DEC. 24, 1973 835 ''(C) P^xcept as otherwise provided in the case of a special election under this Act, primary elections of each political party for the office of Mayor and Chairman shall be held on the first Tuesday after the second ^Vfonday in September of every fourth year, commencing with calendar year 1974, and the general election for such office shall be held on the first Tuesday after the first Monday in November in 1974 and every fourtli year thereafter.", (5) Paragraphs (6), (7), (8), and (9) of section 10(a) of such Act R^P^^I^- (l).(^. Code, sec. 1-1110) are repealed, and paragraphs (4) and (5) of 69 stat. 702; such section 10(a) are amended to read as follows: ^'^ ^'^'' ^^°' •' (4) With respect to special elections required or authorized by this ^^^^^^'^^ ^^'"'" Act, the Board may establish the dates on which such special elections are to be held and j^rescribe such other terms and conditions as may, in the Board's opinion, be necessary or appropriate for the conduct of such elections in a manner comparable to that prescribed for other elections held pursuant to this Act. •' (5) General elections for members of the Board of Education shall t i oGeneral ns. elec- be held on the first Tuesday after the first Monday in Xo^•ember of each odd-numbered calendar year.'' (6) Section 10(b) of such Act (D.C. Code, sec. 1-1110) is amended by striking out '"other than general elections for the Office of Delegate and for members of the Board of Education.". (7) Section 10(c) of such Act (D.C. Code, sec. 1-1110) is amended by striking out the words "other than an election for members of the Board of Education". (8) Section 10(d) of such Act (D.C. Code, sec. 1-1110) is amended to i-ead as follows: " ( d ) In the event that any official, other than the Delegate, Mayor, succession. member of the (^ouncil. member of the Board of Education, or a win- nei* of a primary election for the office of Delegate, Mayor, or member of the Council, elected pursuant to this Act dies, i-esigns. or becomes unable to serve duiing his or her term of office leaving no person elected j)nrsuant to this Act to serve the remainder of the unexpired term of office, the successor or successors to serve the remainder of such term shall be chosen pursuant to the rules of the duly authorized party committee, except that such successor shall have the qualifications recjuired by this Act for such office. In the event that sucli a vacancy vacancies. occurs in the office of a candidate for the office of Delegate, Mayor, or member of the Council who has been declared the winner in the preceding primary election of such office, the vacancy may be filled not later than fifteen days prior to the next general election for such office, by nomination by the party committee of the party which nominated his predecessor. I n the e\ent that such a vacancy occurs in the office of Delegate more than eight months before the expiration of its term of office, the I^oard shall call special elections to fill such vacancy for the remainder of its term of office." (9) The first sentence of section 15 of such Act (D.C. Code, sec. 1-1115) is amended to read as follows: "No person shall be a candi- §2 stat. 106 date for more than one office on the Board of Education or the Council in any election for members of the Board of Education or Council, and no person shall be a candidate for more than one office on the Council in any pi'imary election." (10) Section 15 of such Act (D.C. Code, sec. 1-1115) is further amended (1) by designating the existing text of such section as sub- section (a), ajid (2) by adding at the end thereof the following new subsection: " (b) No person who is holding the office of Mayor, Delegate, Chair- man or member of the Council, or member of the School Board shall, while holding such office, be eligible as a candidate for anv other of
836 PUBLIC LAW 93-199-DEC. 26, 1973 [87 STAT. such offices in any primary or general election, unless the term of the office which he so holds expires on or prior to the date on which he would be eligible, if elected in such primary or general election, to take the office with respect to which such election is held." DISTRICT C O U N C I L A U T H O R I T Y OVER ELECTIONS SEC. 752. Notwithstanding any other provision of this 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 — R U L E S OF CONSTRUCTION CONSTRUCTION SEC. 761. To the extent that any provisions of this Act are incon- sistent 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. PART G—^EFFECTIVE DATES EFFECTIVE DATES SEC. 771. (a) Titles I and V, and parts A and G, and section 722, of title V I I shall take effect on the date of enactment of this Act. (b) Title I I shall take effect on July 1, 1974, except that any pro- vision thereof which in effect transfers authority to appoint any citi- zen member of the National Capital Planning Commission or the District of Columbia Redevelopment Land Agency shall take effect on January 2, 1975. (c) Titles I I I and I V shall take effect January 2, 1975, if title I V 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 V I and parts B , D, and F , and sections 721 and 723, of title V I I shall take effect only if and upon the date that title I V becomes effective. (e) P a r t E of title V I I shall take effect on the date on which title I V is accepted by a majority of the registered qualified electors in the District voting on the charter issue in the charter referendum. Approved December 24, 1973. Public Law 93-199 December 26, 1973 AN ACT [H. R. 11088] IJIQ provide emergency security assistance authorizations for Israel and Cambodia. Be it enacted hy the Senate and House of Representatives of the _ Emergency United States of America in Congress assembled^ That this Act may a necurity c e Act ofssis - ^^ cltcd as the "Emergency Security Assistance Act of 1973". 1973. SEC. 2. I n addition to such amounts as may be otherwise authorized to be appropriated to the President for security assistance for the fiscal year 1974, there are hereby authorized to be appropriated to the