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<?xml version="1.0"?>
<level>
<type>document</type>
<heading>District of Columbia Home Rule Act</heading>
<meta>
<recency>amended through July 18, 2012</recency>
</meta>
<level>
<type>toc</type>
<heading>Cover Page</heading>
<text>Public Law 93-198; 87 Stat. 774; D.C. Official Code § 1-201.01 et seq. Approved December 24, 1973</text>
<text>Prepared by
Office of the General Counsel;
Council of the District of Columbia;
Suite 4;
1350 Pennsylvania Street, N.W.;
Washington, D.C. 20004;
(202) 724-8026</text>
<text>Revised July 23, 2012</text>
<text>This document depicts the District of Columbia Home Rule Act
as enacted by the Congress in December, 1973, and amended through
May 30, 2011, the date of the last congressional amendment before the
printing of this document. The text of the Act is in the original format as enacted
and amended. Where the Office of the General Counsel has added
brief annotations to the text, those annotations appear in brackets.</text>
<text>Provisions of the District of Columbia Home Rule Act that
amend other acts are not included in this document except for those
amendatory provisions found in Title IV (The District Charter).</text>
<text>This document has been updated for printing on:</text>
<level>
<text>February 18, 2010</text>
<text>July 17, 2009</text>
<text>November 3, 2008</text>
<text>June 6, 2007</text>
<text>April 1, 2005</text>
<text>July 7, 2004</text>
<text>October 5, 2001</text>
<text>January 28, 1999</text>
<text>February 24, 1998</text>
</level>
<text>8.18.10</text>
<text>COUNCIL OF THE DISTRICT OF COLUMBIA</text>
<text>Phil Mendelson, Chairman</text>
<table>
<tr>
<td>Yvette M. Alexander</td>
<td>Jack Evans</td>
</tr>
<tr>
<td>Marion Barry</td>
<td>Jim Graham</td>
</tr>
<tr>
<td>Muriel Bowser</td>
<td>Kenyan McDuffie</td>
</tr>
<tr>
<td>Michael A. Brown</td>
<td>Vincent B. Orange, Sr.</td>
</tr>
<tr>
<td>David A. Catania</td>
<td>Tommy Wells</td>
</tr>
<tr>
<td>Mary M. Cheh</td>
</tr>
</table>
<text>OFFICE OF THE GENERAL COUNSEL</text>
<text>Under Whose Direction This Document Has Been Prepared</text>
<level>
<text>V. David Zvenyach, General Counsel</text>
<text>John Hoellen, Legislative Counsel</text>
<text>Benjamin Bryant, Codification Counsel</text>
<text>Katherine Westcott, Assistant General Counsel</text>
<text>Melissa Tucker, Assistant General Counsel</text>
<text>Manasi Venkatesh, Assistant General Counsel</text>
<text>Karen R. Barbour, Legislative Assistant</text>
<text>Ada Arrington, Secretary</text>
</level>
</level>
<level>
<type>toc</type>
<prefix>Title</prefix>
<num>I</num>
<heading>SHORT TITLE, PURPOSES, AND DEFINITIONS</heading>
<text>TITLE I - SHORT TITLE, PURPOSES, AND DEFINITIONS</text>
<text>SHORT TITLE</text>
<level>
<type>toc</type>
<prefix>Section</prefix>
<num>101</num>
<dc-code-parallel-citation>[D.C. Official Code § 1-201.01] </dc-code-parallel-citation>
<text>This Act may be cited as the "District of Columbia Home Rule Act".</text>
<text>STATEMENT OF PURPOSES</text>
</level>
<level>
<type>toc</type>
<prefix>Section</prefix>
<num>102</num>
<dc-code-parallel-citation>[D.C. Official Code § 1-201.02] </dc-code-parallel-citation>
<text>Subject to the retention by Congress of the ultimate legislative authority over the nation's capital granted by article I, ' 8, of the Constitution, the intent of Congress is to delegate certain legislative powers to the government of the District of Columbia; authorize the election of certain local officials by the registered qualified electors in the District of Columbia; grant to the inhabitants of the District of Columbia powers of local self-government; modernize, reorganize, and otherwise improve the governmental structure of the District of Columbia; and, to the greatest extent possible, consistent with the constitutional mandate, relieve Congress of the burden of legislating upon essentially local District matters.</text>
<level>
<num>(b)</num>
<text>Congress further intends to implement certain recommendations of the Commission on the Organization of the Government of the District of Columbia and take certain other actions irrespective of whether the charter for greater self-government provided for in title IV of this Act [District Charter] is accepted or rejected by the registered qualified electors of the District of Columbia.</text>
<text>DEFINITIONS</text>
</level>
</level>
<level>
<type>toc</type>
<prefix>Section</prefix>
<num>103</num>
<dc-code-parallel-citation>[D.C. Official Code § 1-202.03] </dc-code-parallel-citation>
<heading>For the purposes of this Act</heading>
<level>
<num>(1)</num>
<text>The term "District" means the District of Columbia.</text>
</level>
<level>
<num>(2)</num>
<text>The term "Council" means the Council of the District of Columbia provided for by part A of title IV [Subchapter III of Chapter 2 of Title 1, D.C. Official Code].</text>
</level>
<level>
<num>(3)</num>
<text>The term "Commissioner" means the Commissioner of the District of Columbia established under Reorganization Plan No. 3 of 1967.</text>
</level>
<level>
<num>(4)</num>
<text>The term "District of Columbia Council" means the Council of the District of Columbia established under Reorganization Plan No. 3 of 1967.</text>
</level>
<level>
<num>(5)</num>
<text>The term "Chairman" means, unless otherwise provided in this Act, the Chairman of the Council provided for by part A of title IV [Subchapter III of Chapter 2 of Title 1 of the D.C. Official Code].</text>
</level>
<level>
<num>(6)</num>
<text>The term "Mayor" means the Mayor provided for by part – of title IV [Subchapter IV of Chapter 2 of Title 1 of the D.C. Official Code].</text>
</level>
<level>
<num>(7)</num>
<text>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.</text>
</level>
<level>
<num>(8)</num>
<text>The term "capital project" means any physical public betterment or improvement, the acquisition of property of a permanent nature, or the purchase of equipment or furnishings, and includes[:]</text>
<level>
<num>(A)</num>
<text>costs of any preliminary plans, studies, and surveys in connection with such betterment, improvement, acquisition, or purchase[;]</text>
</level>
<level>
<num>(B)</num>
<text>costs incidental to such betterment, improvement, acquisition, or</text>
<text>purchase, and the financing thereof, including the cost of any election, professional fees, printing or engraving, production and reproduction of documents, publication of notices, taking of title, bond insurance, and interest during construction[;] and</text>
</level>
<level>
<num>(C)</num>
<text>the reimbursement of any fund or account for amounts expended for the payment of any such costs.</text>
</level>
</level>
<level>
<num>(9)</num>
<text>The term "pending", when applied to any capital project, means authorized but not yet completed.</text>
</level>
<level>
<num>(10)</num>
<text>The term "District revenues" means all funds derived from taxes, fees, charges, miscellaneous receipts, grants and other forms of financial assistance, or the sale of bonds, notes, or other obligations, and any funds administered by the District government under cost sharing arrangements.</text>
</level>
<level>
<num>(11)</num>
<text>The term "election", unless the context otherwise provides, means an election held pursuant to the provisions of this Act.</text>
</level>
<level>
<num>(12)</num>
<text>The terms "publish" and "publication", unless otherwise specifically provided herein, mean publication in a newspaper of general circulation in the District.</text>
</level>
<level>
<num>(13)</num>
<text>The term "District of Columbia Courts" means the Superior Court of the District of Columbia and the District of Columbia Court of Appeals.</text>
</level>
<level>
<num>(14)</num>
<text>The term "resources" means revenues, balances, enterprise or other revolving funds, and funds realized from borrowing.</text>
</level>
<level>
<num>(15)</num>
<text>The term "budget" means the entire request for appropriations or loan or spending authority for all activities of all departments or agencies of the District of Columbia financed from all existing, proposed, or anticipated resources, and shall include both operating and capital expenditures.</text>
</level>
</level>
</level>
<level>
<type>toc</type>
<prefix>Title</prefix>
<num>II</num>
<heading>GOVERNMENTAL REORGANIZATION</heading>
<text>TITLE II -- GOVERNMENTAL REORGANIZATION</text>
<text>REDEVELOPMENT LAND AGENCY</text>
<level>
<type>toc</type>
<prefix>Section</prefix>
<num>201</num>
<text>[Amendment to the District of Columbia Redevelopment Act of 1945, approved August 2, 1946 (60 Stat. 790; D.C. Official Code § 6-301.01 et seq.)]</text>
<level>
<num>(e)</num>
<text>[Uncodified] None of the amendments contained in this section shall be construed to affect the eligibility of the District of Columbia Redevelopment Land Agency to continue participation in the small business procurement programs under section 8(a) of the Small Business Act (67 Stat. 547).</text>
</level>
<level>
<num>(f)</num>
<text>[D.C. Official Code § 1-202.01(f)] For the purpose of subsection 713(d), employees in the District of Columbia Redevelopment Land Agency shall be deemed to be transferred to the District of Columbia as of the effective date of this title without a break in service.</text>
<text>NATIONAL CAPITAL HOUSING AUTHORITY</text>
</level>
</level>
<level>
<type>toc</type>
<prefix>Section</prefix>
<num>202</num>
<dc-code-parallel-citation>[D.C. Official Code § 1-202.02] </dc-code-parallel-citation>
<text>The National Capital Housing Authority (hereinafter referred to as the "Authority") established under the District of Columbia Alley Dwelling Act (D.C. Official Code, sec. 5-101 - 5-115 [, approved June 12, 1934 (48 Stat. 930; D.C. Official Code §' 6-101.01 through 6-102.05)] shall be an agency of the District of Columbia government subject to the organizational and reorganizational powers specified in sections 404(b) and 422(12) of this Act [D.C. Official Code §' 1-204.04(b) and 1-204.22(12)].</text>
<level>
<num>(b)</num>
<text>All functions, powers, and duties of the President under the District of Columbia Alley Dwelling Act [D.C. Official Code §' 6-101.01 through 6-102.05] shall be vested in and exercised by the Commissioner [Mayor]. All employees, property (real and personal), and unexpended balances (available or to be made available) of appropriations, allocations, and all other funds, and assets and liabilities of the Authority are authorized to be transferred to the District of Columbia government.</text>
<text>NATIONAL CAPITAL PLANNING COMMISSION AND MUNICIPAL PLANNING</text>
</level>
</level>
<level>
<type>toc</type>
<prefix>Section</prefix>
<num>203</num>
<text>[Amendment to An Act providing for a comprehensive development of the park and playground system of the National Capital, approved June 6, 1924 (43 Stat. 463; D.C. Official Code § 2-1002)]</text>
<text>DISTRICT OF COLUMBIA MANPOWER ADMINISTRATION</text>
</level>
<level>
<type>toc</type>
<prefix>Section</prefix>
<num>204</num>
<dc-code-parallel-citation>[D.C. Official Code § 1-202.04] </dc-code-parallel-citation>
<text>All functions of the Secretary of Labor (hereafter in this section referred to as the "Secretary") under section 3 of the Act entitled "An Act to provide for the establishment of a national employment system and for cooperation with the states in the promotion of such system, and for other purposes," approved June 6, 1933 (29 U.S.C. '' 49-49k), with respect to the maintenance of a public employment service for the District, are transferred to the Mayor. After the effective date of this transfer, the Secretary shall maintain with the District the same relationship with respect to a public employment service in the District, including the financing of such service, as he has with the States (with respect to a public employment service in the states) generally.</text>
<level>
<num>(b)</num>
<text>The Commission [Mayor] is authorized and directed to establish and administer a public employment service in the District and to that end he shall have all necessary powers to cooperate with the Secretary in the same manner as a State under the Act of June 6, 1933, specified in subsection (a) [of this section].</text>
</level>
<level>
<num>(c)</num>
<text>[Amendment to An Act to provide for the establishment of a national employment system and for cooperation with the States in the promotion of such system, and for other purposes, approved June 6, 1933 (29 U.S.C. 49(b)].</text>
</level>
<level>
<num>(d)</num>
<text>All functions of the Secretary of Labor and of the Director of Apprenticeship under the Act entitled "An Act to provide for voluntary apprenticeship in the District of Columbia", approved May 20, 1946, 1933 (29 U.S.C. '' 49-49k) are transferred to and shall be exercised by the Commissioner [Mayor]. The Office of Director of Apprenticeship provided for in section 3 of such Act (D.C. Code, sec. 36-123)[D.C. Official Code § 32-1403] is abolished.</text>
</level>
<level>
<num>(e)</num>
<text>All functions of the Secretary under chapter 81 of title 5 of the United States Code, with respect to the processing of claims filed by employees of the government of the District for compensation for work injuries, are transferred to and shall be exercised by the Commissioner [Mayor], effective the day after the day on which the District establishes an independent personnel system or systems.</text>
</level>
<level>
<num>(f)</num>
<text>So much of the personnel, property, records, and unexpended balances of appropriations, allocations, and other funds employed, held, used, available, or to be made available in connection with functions transferred to the Commissioner [Mayor] by the provisions of this section, as the Director of the Federal Office of Management and Budget shall determine, are authorized to be transferred from the Secretary to the Commissioner [Mayor].</text>
</level>
<level>
<num>(g)</num>
<text>Any employee in the competitive service of the United States transferred to the government of the District under the provisions of this section shall retain all the rights, benefits, and privileges pertaining thereto held prior to such transfer.</text>
</level>
<level>
<num>(h)</num>
<text>[Amendment to An Act To amend section 22 of the Act approved March 4, 1925, entitled "An Act providing for sundry matters affecting the naval service, and for other purposes, approved August 16, 1937 (29 U.S.C. ' 50 et seq.)].</text>
</level>
</level>
</level>
<level>
<type>toc</type>
<prefix>Title</prefix>
<num>III</num>
<heading>DISTRICT CHARTER PREAMBLE, LEGISLATIVE POWER, AND CHARTER AMENDING PROCEDURE</heading>
<text>TITLE III -- DISTRICT CHARTER PREAMBLE, LEGISLATIVE POWER, AND CHARTER AMENDING PROCEDURE</text>
<text>DISTRICT CHARTER PREAMBLE</text>
<level>
<type>toc</type>
<prefix>Section</prefix>
<num>301</num>
<dc-code-parallel-citation>[D.C. Official Code § 1-203.01] </dc-code-parallel-citation>
<text>The charter for the District of Columbia set forth in title IV [District Charter] shall establish the means of governance of the District following its acceptance by a majority of the registered qualified electors of the District voting thereon in the charter referendum held with respect thereto.</text>
<text>LEGISLATIVE POWER</text>
</level>
<level>
<type>toc</type>
<prefix>Section</prefix>
<num>302</num>
<dc-code-parallel-citation>[D.C. Official Code § 1-203.02] </dc-code-parallel-citation>
<text>Except as provided in sections 601, 602, and 603 [D.C. Official Code §' 1-206.01, 1-206.02, and 1-206.03], the legislative power of the District shall extend to all rightful subjects of legislation within the District consistent with the Constitution of the United States and the provisions of this Act subject to all the restrictions and limitations imposed upon the States by the tenth section of the first article of the Constitution of the United States.</text>
<text>CHARTER AMENDING PROCEDURE</text>
</level>
<level>
<type>toc</type>
<prefix>Section</prefix>
<num>303</num>
<dc-code-parallel-citation>[D.C. Official Code § 1-203.03] </dc-code-parallel-citation>
<text>The charter set forth in title IV (including any provision of law amended by such title), except sections 401(a) and 421(a) [D.C. Official Code '' 1-204.01(a) and 1-204.21(a)], and part C of such title [D.C. Official Code §' 1-204.31 through 1-204.34], may be amended by an act passed by the Council and ratified by a majority of the registered qualified electors of the District voting in the referendum held for such ratification. The Chairman of the Council shall submit all such acts to the Speaker of the House of Representatives and the President of the Senate on the day the Board of Elections and Ethics [Board of Elections] certifies that such act was ratified by a majority of the registered qualified electors voting thereon in such referendum.</text>
<level>
<num>(b)</num>
<text>An amendment to the charter ratified by the registered electors shall take effect upon the expiration of the 35-calendar-day period (excluding Saturdays, Sundays, holidays, and days on which either House of Congress is not in session) following the date such amendment was submitted to the Congress, or upon the date prescribed by such amendment, whichever is later, unless during such 35-day period, there has been enacted into law a joint resolution, in accordance with the procedures specified in section 604 of this act [D.C. Official Code § 1-206.04], disapproving such amendment. In any case in which any such joint resolution disapproving such an amendment has, within such 35-day period, passed both Houses of Congress and has been transmitted to the President, such resolution, upon becoming law subsequent to the expiration of</text>
<text>such 35-day period, shall be deemed to have repealed such amendment, as of the date such resolution becomes law.</text>
</level>
<level>
<num>(c)</num>
<text>The Board of Elections and Ethics [Board of Elections] shall prescribe such rules as are necessary with respect to the distribution and signing of petitions and the holding of elections for ratifying amendments to title IV of this Act [District Charter] according to the procedures specified in subsection (a) [of this section].</text>
</level>
<level>
<num>(d)</num>
<text>The amending procedure provided in this section may not be used to enact any law or affect any law with respect to which the Council may not enact any act, resolution, or rule under the limitations specified in sections 601, 602, and 603 [D.C. Official Code §'1-206.01, 1-206.02, and 1-206.03].</text>
</level>
</level>
</level>
<level>
<type>toc</type>
<prefix>Title</prefix>
<num>IV</num>
<heading>THE DISTRICT CHARTER</heading>
<text>TITLE IV -- THE DISTRICT CHARTER</text>
<level>
<type>toc</type>
<prefix>Part</prefix>
<num>A</num>
<heading>THE COUNCIL</heading>
<text>PART A -- THE COUNCIL</text>
<level>
<type>toc</type>
<prefix>Subpart</prefix>
<num>1</num>
<heading>Creation of the Council</heading>
<text>Subpart 1 -- Creation of the Council</text>
<text>CREATION AND MEMBERSHIP</text>
<level>
<type>toc</type>
<prefix>Section</prefix>
<num>401</num>
<dc-code-parallel-citation>[D.C. Official Code § 1-204.01] </dc-code-parallel-citation>
<text>There is established a Council of the District of Columbia; and the members of the Council shall be elected by the registered qualified electors of the District.</text>
<level>
<num>(b) (1)</num>
<text>The Council established under subsection (a) [of this section] shall consist of thirteen members elected on a partisan basis. The Chairman and four members shall be elected at large in the District, and eight members shall be elected one each from the eight election wards established[,] from time to time, under District of Columbia Election Act [Chapter 11 of Title 1 of the D.C. Official Code]. The term of office of the members of the Council shall be four years, except as provided in paragraph (3) [of this subsection], and shall begin at noon on January 2 of the year following their election.</text>
<level>
<num>(2)</num>
<text>In the case of the first election held for the office of member of the Council after the effective date of this title [January 2, 1975], not more than two of the at-large members (excluding the Chairman) shall be nominated by the same political party. Thereafter, a political party may nominate a number of candidates for the office of at-large member of the Council equal to one less than the total number of at-large members (excluding the Chairman) to be elected in such election.</text>
</level>
<level>
<num>(3)</num>
<text>To fill a vacancy in the Office of Chairman, the Board of Elections shall hold a special election in the District on the Tuesday occurring at least 70 days and not more than 174 days after the date on which such vacancy occurs which the Board of Elections determines, based on a totality of the circumstances, taking into account, inter alia, cultural and religious holidays and the administrability of the election, will provide the opportunity for the greatest level of voter participation. The person elected Chairman to fill a vacancy in the Office of Chairman shall take office on the day in which the Board of Elections and Ethics [Board of Elections] certifies his election, and shall serve as Chairman only for the remainder of the term during which such vacancy occurred. When the Office of Chairman becomes vacant, the Council shall select one of the elected at-large members of the Council to serve as Chairman and one to serve as Chairman pro tempore until the election of a new Chairman.</text>
</level>
<level>
<num>(4)</num>
<text>Of the members first elected after the effective date of this title [January 2, 1975], the Chairman and two members elected at large and four of the members elected from election wards shall serve for four-year terms; and two of the at-large members and four of the members elected from election wards shall serve for two-year terms. The members to serve the four-year terms and the members to serve the two-year terms shall be determined by the Board of Elections and Ethics [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.</text>
</level>
</level>
<level>
<num>(c)</num>
<text>The Council may establish and select such other officers and employees as it deems necessary and appropriate to carry out the functions of the Council.</text>
</level>
<level>
<num>(d) (1)</num>
<text>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 the District on the Tuesday occurring at least 70 days and not more than 174 days after the date on which such vacancy occurs which the Board of Elections determines, based on a totality of the circumstances, taking into account, inter alia, cultural and religious holidays and the administrability of the election, will provide the opportunity for the greatest level of voter participation. The person elected as a member to fill a vacancy on the Council shall take office on the day on which the Board of Elections and Ethics [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.</text>
<level>
<num>(2)</num>
<text>In the event of a vacancy in the Office of Mayor, and if the Chairman becomes a candidate for the Office of Mayor to fill such vacancy, the Office of Chairman shall be deemed vacant as of the date of the filing of his candidacy. In the event of a vacancy in the Council of a member elected at large, other than a vacancy in the Office of Chairman, who is affiliated with a political party, the central committee of such political party shall appoint a person to fill such vacancy, until the Board of Elections and Ethics [Board of Elections] can hold a special election to fill such vacancy, and such special election shall be held on the Tuesday occurring at least 70 days and not more than 174 days after the date on which such vacancy occurs which the Board of Elections determines, based on a totality of the circumstances, taking into account, inter alia, cultural and religious holidays and the administrability of the election, will provide the opportunity for the greatest level of voter participation. The person appointed to fill such vacancy shall take office on the date of his appointment and shall serve as a member of the Council until the day on which the Board certifies the election of the member elected to fill such vacancy in either a special election or a general election. The person elected as a member to fill such a vacancy on the Council shall take office on the day on which the Board of Elections and Ethics [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 non-affiliated person to fill such vacancy until such vacancy can be filled in a special election in the manner prescribed in this paragraph. Such person appointed by the Council shall take office and serve as a member at the same time and for the same term as a member appointed by a central committee of a political party.</text>
</level>
<level>
<num>(3)</num>
<text>Notwithstanding any other provision of this section, at no time shall there be more than three members (including the Chairman) serving at large on the Council who are affiliated with the same political party.</text>
<text>QUALIFICATIONS FOR HOLDING OFFICE</text>
</level>
</level>
</level>
<level>
<type>toc</type>
<prefix>Section</prefix>
<num>402</num>
<dc-code-parallel-citation>[D.C. Official Code § 1-204.02] </dc-code-parallel-citation>
<text>No person shall hold the office of member of the Council, including the Office of Chairman, unless he (a) is a qualified elector; (b) is domiciled in the District and if he is nominated for election from a particular ward, resides in the ward from which he is nominated; (c) has resided and been domiciled in the District for one year immediately preceding the day on which the general or special election for such office is to be held; and (d) holds no public office (other than his employment in and position as a member of the Council), for which he is compensated in an amount in excess of his actual expenses in connection therewith, except that nothing in this clause shall prohibit any such person, while a member of the Council, from serving as a delegate or alternate delegate to a convention of a political party nominating candidates for President and Vice President of the United States, or from holding an appointment in a reserve component of an armed force of the United States other than a member serving on active duty under a call for more than thirty days. A member of the Council shall forfeit his office upon failure to maintain the qualifications required by this section, and[,] in the case of the Chairman[,] section 403(c) [D.C. Official Code § 1-204.03(c)].</text>
<text>COMPENSATION</text>
</level>
<level>
<type>toc</type>
<prefix>Section</prefix>
<num>403</num>
<dc-code-parallel-citation>[D.C. Official Code § 1-204.03] </dc-code-parallel-citation>
<text>Each member of the Council shall receive compensation, payable in periodic installments, at a rate equal to the maximum rate as may be established from time to time for grade 12 of the General Schedule under section 5332 of title 5 of the United States Code. On and after the end of the two-year period beginning on the day the members of the Council first elected under this Act take office, the Council may, by act, increase or decrease such rate of compensation. Such change in compensation, upon enactment by the Council in accordance with the provisions of this Act, shall apply with respect to the term of members of the Council beginning after the date of enactment of such change.</text>
<level>
<num>(b)</num>
<text>All members of the Council shall receive additional allowances for actual and necessary expenses incurred in the performance of their duties of office as may be approved by the Council.</text>
</level>
<level>
<num>(c)</num>
<text>The Chairman shall not engage in any employment (whether as an employee or as a self-employed individual) or hold any position (other than his position as Chairman), for which he is compensated in an amount in excess of his actual expenses in connection therewith.</text>
</level>
<level>
<num>(d)</num>
<text>Notwithstanding subsection (a), as of the effective date of the District of Columbia Appropriations Act, 2001 [December 21, 2001], the Chairman shall receive compensation, payable in equal installments, at a rate equal to $10,000 less than the annual compensation of the Mayor.</text>
<text>POWERS OF THE COUNCIL</text>
</level>
</level>
<level>
<type>toc</type>
<prefix>Section</prefix>
<num>404</num>
<dc-code-parallel-citation>[D.C. Official Code § 1-204.04] </dc-code-parallel-citation>
<text>Subject to the limitations specified in title VI of this Act [D.C. Official Code §' 1-206.01 through 1-206.04], the legislative power granted to the District by this Act is vested in and shall be exercised by the Council in accordance with this Act. In addition, except as otherwise provided in this Act, all functions granted to or imposed upon, or vested in or transferred to the District of Columbia Council, as established by Reorganization Plan No. 3 of 1967, shall be carried out by the Council in accordance with the provisions of this Act.</text>
<level>
<num>(b)</num>
<text>The Council shall have authority to create, abolish, or organize any office, agency,</text>
<text>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.</text>
</level>
<level>
<num>(c)</num>
<text>The Council shall adopt and publish rules of procedures which shall include provisions for adequate public notification of intended actions of the Council.</text>
</level>
<level>
<num>(d)</num>
<text>Every act shall be published and codified upon becoming law as the Council may direct.</text>
</level>
<level>
<num>(e)</num>
<text>An act passed by the Council shall be presented by the Chairman of the Council to the Mayor, who shall, within ten calendar days (excluding Saturdays, Sundays, and holidays) after the act is presented to him, either approve or disapprove such act. If the Mayor shall approve such act, he shall indicate the same by affixing his signature thereto, and such act shall become law subject to the provisions of section 602(c) [D.C. Official Code § 1-206.02(c)]. If the Mayor shall disapprove such act, he shall, within ten calendar days (excluding Saturdays, Sundays, and holidays) after it is presented to him, return such act to the Council setting forth in writing his reasons for such disapproval. If any act so passed shall not be returned to the Council by the Mayor within ten calendar days after it shall have been presented to him, the Mayor shall be deemed to have approved it, and such act shall become law subject to the provisions of section 602(c) [D.C. Official Code § 1-206.02(c)] unless the Council by a recess of ten days or more prevents its return, in which case it shall not become law. If, within thirty calendar days after an act has been timely returned by the Mayor to the Council with his disapproval, two-thirds of the members of the Council present and voting vote to reenact such act, the act so reenacted shall become law subject to the provisions of section 602(c) [D.C. Official Code § 1-206.02(c)].</text>
</level>
<level>
<num>(f)</num>
<text>In the case of any budget act adopted by the Council pursuant to section 446 [D.C. Official Code § 1-204.46] and submitted to the Mayor in accordance with subsection (e) of this section, the Mayor shall have power to disapprove any items or provisions, or both, of such act and approve the remainder. In any case in which the Mayor so disapproves of any item or provision, he shall append to the act when he signs it a statement of the item or provision which he disapproves, and shall, within such ten-day period, return a copy of the act and statement with his objections to the Council. If, within thirty calendar days after any such item or provision so disapproved has been timely returned by the Mayor to the Council, two-thirds of the members of the Council present and voting vote to reenact any such item or provision, such item or provision so reenacted shall be transmitted by the Chairman to the President of the United States. In any case in which the Mayor fails to timely return any such item or provision so disapproved to the Council, the Mayor shall be deemed to have approved such item or provision not returned, and such item or provision not returned shall be transmitted by the Chairman to the President of the United States. In the case of any budget act for a fiscal year which is a control year (as defined in section 305(4) of the District of Columbia Financial Responsibility and Management Assistance Act of 1995 [D.C. Official Code § 47-393(4)]), this subsection shall apply as if the reference in the second sentence to "ten-day period" were a reference to "five-day period" and the reference in the third sentence to "thirty calendar days" were a reference to "5 calendar days."</text>
</level>
</level>
</level>
<level>
<type>toc</type>
<prefix>Subpart</prefix>
<num>2</num>
<heading>Organization and Procedure of the Council</heading>
<text>Subpart 2 -- Organization and Procedure of the Council</text>
<text>THE CHAIRMAN</text>
<level>
<type>toc</type>
<prefix>Section</prefix>
<num>411</num>
<dc-code-parallel-citation>[D.C. Official Code § 1-204.11] </dc-code-parallel-citation>
<text>The Chairman shall be the presiding officer of the Council.</text>
<level>
<num>(b)</num>
<text>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.</text>
<text>ACTS, RESOLUTIONS, AND REQUIREMENTS FOR QUORUM</text>
</level>
</level>
<level>
<type>toc</type>
<prefix>Section</prefix>
<num>412</num>
<dc-code-parallel-citation>[D.C. Official Code § 1-204.12] </dc-code-parallel-citation>
<text>The Council, to discharge the powers and duties imposed herein, shall pass acts and adopt resolutions, upon a vote of a majority of the members of the Council present and voting, unless otherwise provided in this Act or by the Council. Except as provided in the last sentence of this subsection, the Council shall use acts for all legislative purposes. Each proposed act (other than an act to which section 446 [D.C. Official Code ' 1-204.46] applies) shall be read twice in substantially the same form, with at least thirteen days intervening between each reading. Upon final adoption by the Council each act shall be made immediately available to the public in a manner which the Council shall determine. If the Council determines, by a vote of two-thirds of the members, that emergency circumstances make it necessary that an act be passed after a single reading, or that it take effect immediately upon enactment, such act shall be effective for a period of not to exceed ninety days.</text>
<text>Resolutions shall be used (1) to express simple determinations, decisions, or directions of the Council of a special or temporary character; and (2) to approve or disapprove proposed actions of a kind historically or traditionally transmitted by the Mayor, the Board of Elections, Public Service Commission, Armory Board, Board of Education, the Board of Trustees of the University of the District of Columbia, or the Convention Center Board of Directors to the Council pursuant to an act. Such resolutions must be specifically authorized by that act and must be designed to implement that act.</text>
<level>
<num>(b)</num>
<text>A special election may be called by resolution of the Council to present for an advisory referendum vote of the people any proposition upon which the Council desires to take action.</text>
</level>
<level>
<num>(c)</num>
<text>A majority of the Council shall constitute a quorum for the lawful convening of any meeting and for the transaction of business of the Council, except a lesser number may hold hearings.</text>
<text>INVESTIGATIONS BY THE COUNCIL</text>
</level>
</level>
<level>
<type>toc</type>
<prefix>Section</prefix>
<num>413</num>
<dc-code-parallel-citation>[D.C. Official Code § 1-204.13] </dc-code-parallel-citation>
<text>The Council, or any committee or person authorized by it, shall have power to investigate any matter relating to the affairs of the District, and for that purpose may require the attendance and testimony of witnesses and the production of books, papers, and other evidence. For such purpose any member of the Council (if the Council is conducting the inquiry) or any member of the committee may issue subpoenas, and administer oaths upon resolution adopted by the Council or committee, as appropriate.</text>
<level>
<num>(b)</num>
<text>In case of contumacy by, or refusal to obey a subpoena issued to, any person, the Council by resolution may refer the matter to the Superior Court of the District of Columbia, which may by order require such person to appear and give or produce testimony or books, papers, or other evidence, bearing upon the matter under investigation. Any failure to obey such order may be punished by such Court as a contempt thereof as in the case of failure to obey a subpoena issued, or to testify, in a case pending before such Court.</text>
</level>
</level>
</level>
</level>
<level>
<type>toc</type>
<prefix>Part</prefix>
<num>B-</num>
<heading>THE MAYOR</heading>
<text>PART B- THE MAYOR</text>
<text>ELECTION, QUALIFICATIONS, VACANCY, AND COMPENSATION</text>
<level>
<type>toc</type>
<prefix>Section</prefix>
<num>421</num>
<dc-code-parallel-citation>[D.C. Official Code § 1-204.21] </dc-code-parallel-citation>
<text>There is established the Office of Mayor of the District of Columbia; and the Mayor shall be elected by the registered qualified electors of the District.</text>
<level>
<num>(b)</num>
<text>The Mayor, established by subsection (a) [of this section], shall be elected, on a partisan basis, for a term of four years beginning at noon on January 2 of the year following his election.</text>
</level>
<level>
<num>(c) (1)</num>
<text>No person shall hold the Office of Mayor unless he (A) is a qualified elector, (B) has resided and been domiciled in the District for one year immediately preceding the day on which the general or special election for Mayor is to be held, and (C) is not engaged in any employment (whether as an employee or as a self-employed individual) and holds no public office or position (other than his employment in and position as Mayor), for which he is compensated in an amount in excess of his actual expenses in connection therewith, except that nothing in this clause shall be construed as prohibiting such person, while holding the Office of Mayor, from serving as a delegate or alternate delegate to a convention of a political party nominating candidates for President and Vice President of the United States, or from holding an appointment in a reserve component of an armed force of the United States other than a member serving on active duty under a call for more than thirty days. The Mayor shall forfeit his office upon failure to maintain the qualifications required by this paragraph.</text>
<level>
<num>(2)</num>
<text>To fill a vacancy in the Office of Mayor, the Board of Elections shall hold a special election in the District on the Tuesday occurring at least 70 days and not more than 174 days after the date on which such vacancy occurs which the Board of Elections determines, based on a totality of the circumstances, taking into account, inter alia, cultural and religious holidays and the administrability of the election, will provide the opportunity for the greatest level of voter participation. The person elected Mayor to fill a vacancy in the Office of Mayor shall take office on the day on which the Board of Elections and Ethics [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 date on which the Board of Elections and Ethics [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 compensation regularly paid the Mayor, and shall receive no compensation as Chairman or member of the Council. While the Chairman is Acting Mayor, the Council shall select one of the elected at-large members of the Council to serve as Chairman and one to serve as chairman pro tempore, until the return of the regularly elected Chairman.</text>
</level>
</level>
<level>
<num>(d)</num>
<text>The Mayor shall receive compensation, payable in equal installments, at a rate equal to the maximum rate, as may be established from time to time, for level III of the Executive Schedule in section 5314 of title 5 of the United States Code. Such rate of compensation may be increased or decreased by act of the Council. Such change in such compensation, upon enactment by the Council in accordance with the provisions of this Act, shall apply with respect to the term of Mayor next beginning after the date of such change. In addition, the Mayor may receive an allowance, in such amount as the Council may from time to time establish, for official, reception,</text>
<text>and representation expenses, which he shall certify in reasonable detail to the Council.</text>
<text>POWERS AND DUTIES</text>
</level>
</level>
<level>
<type>toc</type>
<prefix>Section</prefix>
<num>422</num>
<dc-code-parallel-citation>[D.C. Code § 1-242] </dc-code-parallel-citation>
<text>The executive power of the District shall be vested in the Mayor who shall be the chief executive officer of the District government. In addition, except as otherwise provided in this Act, all functions granted to or vested in the Commissioner of the District of Columbia, as established under Reorganization Plan No. 3 of 1967, shall be carried out by the Mayor in accordance with this Act. The Mayor shall be responsible for the proper execution of all laws relating to the District, and for the proper administration of the affairs of the District coming under his jurisdiction or control, including but not limited to the following powers, duties, and functions:</text>
<level>
<num>(1)</num>
<text>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.</text>
</level>
<level>
<num>(2)</num>
<text>The Mayor shall administer all laws relating to the appointment, promotion, discipline, separation, and other conditions of employment of personnel in the Office of the Mayor, personnel in executive departments of the District, and members of boards, commissions, and other agencies, who, under laws in effect on the date immediately preceding the effective date of section 711(a) of this Act [January 2, 1975], were subject to appointment and removal by the Commissioner of the District of Columbia. All actions affecting such personnel and such members shall, until such time as legislation is enacted by the Council superseding such laws and establishing a permanent District government merit system, pursuant to paragraph (3) [of this section], continue to be subject to the provisions of acts of Congress relating to the appointment, promotion, discipline, separation, and other conditions of employment applicable to officers and employees of the District government, to section 713(d) of this Act, and where applicable, to the provisions of the joint agreement between the Commissioners and the Civil Service Commission authorized by Executive Order No. 5491 of November 18, 1930, relating to the appointment of District personnel. He shall appoint or assign persons to positions formerly occupied, ex officio, by the Commissioner of the District of Columbia or by the Assistant to the Commissioner and shall have power to remove such persons from such positions. The officers and employees of each agency with respect to which legislative power is delegated by this Act and which immediately prior to the effective date of section 711(a) of this Act [January 2, 1975], was not subject to the administrative control of the Commissioner of the District, shall continue to be appointed and removed in accordance with applicable laws until such time as such laws may be superseded by legislation passed by the Council establishing a permanent District government merit system pursuant to paragraph (3) [of this section].</text>
</level>
<level>
<num>(3)</num>
<text>The Mayor shall administer the personnel functions of the District covering employees of all District departments, boards, commissions, offices and agencies, except as otherwise provided by this Act. Personnel legislation enacted by Congress prior to or after the effective date of this section [January 2, 1975], including, without limitation, legislation relating to appointments, promotions, discipline, separations, pay, unemployment compensation, health, disability and death benefits, leave, retirement, insurance, and veterans' preference applicable to employees of the District government as set forth in section 714(c) [D.C. Code § 1-213(c)], shall continue to be applicable until such time as the Council shall, pursuant to this section, provide for coverage under a District government merit system. The District government merit system shall be</text>
<text>established by act of the Council. The system shall apply with respect to the compensation of employees of the District government during fiscal year 2006 and each succeeding fiscal year, except that the system may provide for continued participation in all or part of the Federal Civil Service System and shall provide for persons employed by the District government immediately preceding the effective date of such system personnel benefits, including but not limited to pay, tenure, leave, residence, retirement, health and life insurance, and employee disability and death benefits, all at least equal to those provided by legislation enacted by Congress, or regulation adopted pursuant thereto, and applicable to such officers and employees immediately prior to the effective date of the system established pursuant to this Act, except that nothing in this Act shall prohibit the District from separating an officer or employee subject to such system in the implementation of a financial plan and budget for the District government approved under subtitle A of title II of the District of Columbia Financial Responsibility and Management Assistance Act of 1995 [subpart – of subchapter VII of Chapter 3 of Title 47 of the D.C. Code], and except that nothing in this section shall prohibit the District from paying an employee overtime pay in accordance with section 7 of the Fair Labor Standards Act of 1938 (29 U.S.C. ' 207). The District government merit system shall take effect not earlier than one year nor later than five years after the effective date of this section [January 2, 1975].</text>
</level>
<level>
<num>(4)</num>
<text>The Mayor shall, through the heads of administrative boards, offices, and agencies, supervise and direct the activities of such boards, offices, and agencies.</text>
</level>
<level>
<num>(5)</num>
<text>The Mayor may submit drafts of acts to the Council.</text>
</level>
<level>
<num>(6)</num>
<text>The Mayor may delegate any of his functions (other than the function of approving or disapproving acts passed by the Council or the function of approving contracts between the District and the Federal Government under section 731 [D.C. Code § 1-1131]) to any officer, employee, or agency of the executive office of the Mayor, or to any director of an executive department who may, with the approval of the Mayor, make a further delegation of all or a part of such functions to subordinates under his jurisdiction. Nothing in the previous sentence may be construed to permit the Mayor to delegate any functions assigned to the Chief Financial Officer of the District of Columbia under section 424 [subchapter I-A of Chapter 3 of Title 47 of the D.C. Code], without regard to whether such functions are assigned to the Chief Financial Officer under such section during a control year (as defined in section 305(4) of the District of Columbia Financial Responsibility and Management Assistance Act of 1995 [D.C. Code § 47-393(4)]) or during any other year.</text>
</level>
<level>
<num>(7)</num>
<text>The Mayor shall appoint a City Administrator, who shall serve at the pleasure of the Mayor. The City Administrator shall be the chief administrative officer of the Mayor, and he shall assist the Mayor in carrying out his functions under this Act, and shall perform such other duties as may be assigned to him by the Mayor. The City Administrator shall be paid at a rate established by the Mayor.</text>
</level>
<level>
<num>(8)</num>
<text>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.</text>
</level>
<level>
<num>(9)</num>
<text>The Mayor, as custodian thereof, shall use and authenticate the corporate seal of the District in accordance with law.</text>
</level>
<level>
<num>(10)</num>
<text>The Mayor shall have the right, under rules to be adopted by the Council, to be heard by the Council or any of its committees.</text>
</level>
<level>
<num>(11)</num>
<text>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</text>
<text>his functions and duties.</text>
</level>
<level>
<num>(12)</num>
<text>The Mayor may reorganize the offices, agencies, and other entities within the executive branch of the government of the District by submitting to the Council a detailed plan of such reorganization. Such a reorganization plan shall be valid only if the Council does not adopt, within sixty days (excluding Saturdays, Sundays, and holidays) after such reorganization plan is submitted to it by the Mayor, a resolution disapproving such reorganization.</text>
<text>MUNICIPAL PLANNING</text>
</level>
</level>
<level>
<type>toc</type>
<prefix>Section</prefix>
<num>423</num>
<dc-code-parallel-citation>[D.C. Official Code § 1-204.23]. </dc-code-parallel-citation>
<text>The Mayor shall be the central planning agency for the District. He shall be responsible for the coordination of planning activities of the municipal government and the preparation and implementation of the District's elements of the comprehensive plan for the National Capital which may include land use elements, urban renewal and redevelopment elements, a multi-year program of municipal public works for the District, and physical, social, economic, transportation, and population elements. The Mayor's planning responsibility shall not extend to federal and international projects and developments in the District, as determined by the National Capital Planning Commission, or to the United States Capitol buildings and grounds as defined in sections 1 and 16 of the Act of July 31, 1946 [D.C. Official Code §' 10-503.11 and 10-503.26], or to any extension thereof or addition thereto, or to buildings and grounds under the care of the Architect of the Capitol. In carrying out his responsibilities under this section, the Mayor shall establish procedures for citizen involvement in the planning process and for appropriate meaningful consultation with any state or local government or planning agency in the National Capital region affected by any aspect of a proposed District element of the comprehensive plan (including amendments thereto) affecting or relating to the District.</text>
<level>
<num>(b)</num>
<text>The Mayor shall submit the District's elements and amendments thereto to the Council for revision or modification, and adoption by act, following public hearings. Following adoption and prior to implementation, the Council shall submit such elements and amendments thereto to the National Capital Planning Commission for review and comment with regard to the impact of such elements or amendments on the interests and functions of the federal establishment, as determined by the Commission.</text>
</level>
<level>
<num>(c)</num>
<text>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.</text>
<text>CHIEF FINANCIAL OFFICER OF THE DISTRICT OF COLUMBIA</text>
</level>
</level>
<level>
<type>toc</type>
<prefix>Section</prefix>
<num>424</num>
<text>[D.C. Official Code § 1-204.24a] IN GENERAL. – </text>
<level>
<num>(1)</num>
<text>ESTABLISHMENT. – There is hereby established within the executive branch of the government of the District of Columbia an Office of the Chief Financial Officer of the District of Columbia (hereafter referred to as the 'Office'), which shall be headed by the Chief Financial Officer of the District of Columbia (hereafter referred to as the 'Chief Financial Officer').</text>
</level>
<level>
<num>(2)</num>
<text>ORGANIZATIONAL ANALYSIS. – </text>
<level>
<num>(A)</num>
<text>OFFICE OF BUDGET AND PLANNING. – The name of the Office of</text>
<text>Budget and Management, established by Commissioner's Order 69-96, issued March 7, 1969, is changed to the Office of Budget and Planning.</text>
</level>
<level>
<num>(B)</num>
<text>OFFICE OF TAX AND REVENUE. – The name of the Department of Finance and Revenue, established by Commissioner's Order 69-96, issued March 7, 1969, is changed to the Office of Tax and Revenue.</text>
</level>
<level>
<num>(C)</num>
<text>OFFICE OF FINANCE AND TREASURY. – The name of the Office of Treasurer, established by Mayor's Order 89-244, dated October 23, 1989, is changed to the Office of Finance and Treasury.</text>
</level>
<level>
<num>(D)</num>
<text>OFFICE OF FINANCIAL OPERATIONS AND SYSTEMS. – The Office of the Controller, established by Mayor's Order 89-243, dated October 23, 1989, and the Office of Financial Information Services, established by Mayor's Order 89-244, dated October 23, 1989, are consolidated into the Office of Financial Operations and Systems.</text>
</level>
</level>
<level>
<num>(3)</num>
<text>TRANSFERS. – Effective with the appointment of the first Chief Financial Officer under subsection (b) [' 1-204.24b], the functions and personnel of the following offices are established as subordinate offices within the Office:</text>
<level>
<num>(A)</num>
<text>The Office of Budget and Planning, headed by the Deputy Chief Financial Officer for the Office of Budget and Planning.</text>
</level>
<level>
<num>(B)</num>
<text>The Office of Tax and Revenue, headed by the Deputy Chief Financial Officer for the Office of Tax and Revenue.</text>
</level>
<level>
<num>(C)</num>
<text>The Office of Research and Analysis, headed by the Deputy Chief Financial Officer for the Office of Research and Analysis.</text>
</level>
<level>
<num>(D)</num>
<text>The Office of Financial Operations and Systems, headed by the Deputy Chief Financial Officer for the Office of Financial Operations and Systems.</text>
</level>
<level>
<num>(E)</num>
<text>The Office of Finance and Treasury, headed by the District of Columbia Treasurer.</text>
</level>
<level>
<num>(F)</num>
<text>The Lottery and Charitable Games Control Board, established by the Law to Legalize Lotteries, Daily Numbers Games, and Bingo and Raffles for Charitable Purposes in the District of Columbia, effective March 10, 1981 (D.C. Law 3-172; D.C. Official Code § 3-1301 et seq.).</text>
</level>
</level>
<level>
<num>(4)</num>
<text>SUPERVISOR. – The heads of the offices listed in paragraph (3) of this section shall serve at the pleasure of the Chief Financial Officer.</text>
</level>
<level>
<num>(5)</num>
<text>APPOINTMENT AND REMOVAL OF OFFICE EMPLOYEES. – The Chief Financial Officer shall appoint the heads of the subordinate offices designated in paragraph (3), after consultation with the Mayor and the Council. The Chief Financial Officer may remove the heads of the offices designated in paragraph (3), after consultation with the Mayor and the Council.</text>
</level>
<level>
<num>(6)</num>
<text>ANNUAL BUDGET SUBMISSION. – The Chief Financial Officer shall prepare and annually submit to the Mayor of the District of Columbia, for inclusion in the annual budget of the District of Columbia government for a fiscal year, annual estimates of the expenditures and appropriations necessary for the year for the operation of the Office and all other District of Columbia accounting, budget, and financial management personnel (including personnel of executive branch independent agencies) that report to the Office pursuant to this Act.</text>
<level>
<num>(b)</num>
<text>[D.C. Official Code § 1-204.24b] APPOINTMENT OF THE CHIEF FINANCIAL OFFICER. – </text>
<level>
<num>(1)</num>
<text>APPOINTMENT. – </text>
<level>
<num>(A)</num>
<text>IN GENERAL. – The Chief Financial Officer shall be appointed by the Mayor with the advice and consent, by resolution, of the Council. Upon confirmation by the</text>
<text>Council, the name of the Chief Financial Officer shall be submitted to the Committees on Appropriations of the House of Representatives and Senate, the Committee on Government Reform of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate for a 30-day period of review and comment before the appointment takes effect.</text>
</level>
<level>
<num>(B)</num>
<text>SPECIAL RULE FOR CONTROL YEARS. – During a control year, the Chief Financial Officer shall be appointed by the Mayor as follows:</text>
<level>
<num>(i)</num>
<text>Prior to the appointment, the Authority may submit recommendations for the appointment to the Mayor.</text>
</level>
<level>
<num>(ii)</num>
<text>In consultation with the Authority and the Council, the Mayor shall nominate an individual for appointment and notify the Council of the nomination.</text>
</level>
<level>
<num>(iii)</num>
<text>After the expiration of the 7-day period which begins on the date the Mayor notifies the Council of the nomination under clause (ii), the Mayor shall notify the Authority of the nomination.</text>
</level>
<level>
<num>(iv)</num>
<text>The nomination shall be effective subject to approval by a majority vote of the Authority.</text>
</level>
</level>
</level>
<level>
<num>(2)</num>
<text>TERM. – </text>
<level>
<num>(A)</num>
<text>IN GENERAL. – All appointments made after June 30, 2007, shall be for a term of 5 years, except for appointments made for the remainder of unexpired terms. The appointments shall have an anniversary date of July 1.</text>
</level>
<level>
<num>(B)</num>
<text>TRANSITION. – For purposes of this section, the individual serving as Chief Financial Officer as of the date of enactment of the 2005 District of Columbia Omnibus Authorization Act [October 16, 2006] shall be deemed to have been appointed under this subsection, except that such individual's initial term of office shall begin upon such date and shall end on June 30, 2007.</text>
</level>
<level>
<num>(C)</num>
<text>CONTINUANCE. – Any Chief Financial Officer may continue to serve beyond his term until a successor takes office.</text>
</level>
<level>
<num>(D)</num>
<text>VACANCIES. – Any vacancy in the Office of Chief Financial Officer shall be filled in the same manner as the original appointment under paragraph (1).</text>
</level>
<level>
<num>(E)</num>
<text>PAY. – The Chief Financial Officer shall be paid at an annual rate equal to the rate of basic pay payable for level I of the Executive Schedule.</text>
</level>
</level>
</level>
<level>
<num>(c)</num>
<text>[D.C. Official Code § 1-204.24c] REMOVAL OF THE CHIEF FINANCIAL OFFICER.B</text>
<level>
<num>(1)</num>
<text>IN GENERAL. – The Chief Financial Officer may only be removed for cause by the Mayor, subject to the approval of the Council by a resolution approved by not fewer than 2/3 of the members of the Council. After approval of the resolution by the Council, notice of the removal shall be submitted to the Committees on Appropriations of the House of Representatives and Senate, the Committee on Government Reform of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate for a 30-day period of review and comment before the removal takes effect.</text>
</level>
<level>
<num>(2)</num>
<text>SPECIAL RULE FOR CONTROL YEARS.B During a control year, the Chief Financial Officer may be removed for cause by the Authority or by the Mayor with the approval of the Authority.</text>
</level>
</level>
<level>
<num>(d)</num>
<text>[D.C. Official Code § 1-204.24d] DUTIES OF THE CHIEF FINANCIAL OFFICER.--Notwithstanding any provisions of this Act which grant authority to other entities of the District government, the Chief Financial Officer shall have the following duties and shall take</text>
<text>such steps as are necessary to perform these duties:</text>
<level>
<num>(1)</num>
<text>During a control year, preparing the financial plan and the budget for the use of the Mayor for purposes of subtitle A of title II of the District of Columbia Financial Responsibility and Management Assistance Act of 1995 [part – of subchapter VII of Chapter 3 of Title 47].</text>
</level>
<level>
<num>(2)</num>
<text>Preparing the budgets of the District of Columbia for the year for the use of the Mayor for purposes of part D [of this title] and preparing the 5-year financial plan based upon the adopted budget for submission with the District of Columbia budget by the Mayor to Congress.</text>
</level>
<level>
<num>(3)</num>
<text>During a control year, assuring that all financial information presented by the Mayor is presented in a manner, and is otherwise consistent with, the requirements of the District of Columbia Financial Responsibility and Management Assistance Act of 1995 [parts A through E of subchapter VII of Chapter 3 of Title 47].</text>
</level>
<level>
<num>(4)</num>
<text>Implementing appropriate procedures and instituting such programs, systems, and personnel policies within the Chief Financial Officer's authority, to ensure that budget, accounting, and personnel control systems and structures are synchronized for budgeting and control purposes on a continuing basis and to ensure that appropriations are not exceeded.</text>
</level>
<level>
<num>(5)</num>
<text>Preparing and submitting to the Mayor and the Council, with the approval of the Authority during a control year, and making public – </text>
<level>
<num>(A)</num>
<text>annual estimates of all revenues of the District of Columbia (without regard to the source of such revenues), including proposed revenues, which shall be binding on the Mayor and the Council for purposes of preparing and submitting the budget of the District government for the year under part D of this title, except that the Mayor and the Council may prepare the budget based on estimates of revenues which are lower than those prepared by the Chief Financial Officer; and</text>
</level>
<level>
<num>(B)</num>
<text>quarterly re-estimates of the revenues of the District of Columbia during the year.</text>
</level>
</level>
<level>
<num>(6)</num>
<text>Supervising and assuming responsibility for financial transactions to ensure adequate control of revenues and resources.</text>
</level>
<level>
<num>(7)</num>
<text>Maintaining systems of accounting and internal control designed to provide--</text>
<level>
<num>(A)</num>
<text>full disclosure of the financial impact of the activities of the District government;</text>
</level>
<level>
<num>(B)</num>
<text>adequate financial information needed by the District government for management purposes;</text>
</level>
<level>
<num>(C)</num>
<text>effective control over, and accountability for, all funds, property, and other assets of the District of Columbia; and</text>
</level>
<level>
<num>(D)</num>
<text>reliable accounting results to serve as the basis for preparing and supporting agency budget requests and controlling the execution of the budget.</text>
</level>
</level>
<level>
<num>(8)</num>
<text>Submitting to the Council a financial statement of the District government, containing such details and at such times as the Council may specify.</text>
</level>
<level>
<num>(9)</num>
<text>Supervising and assuming responsibility for the assessment of all property subject to assessment and special assessments within the corporate limits of the District of Columbia for taxation, preparing tax maps, and providing such notice of taxes and special assessments (as may be required by law).</text>
</level>
<level>
<num>(10)</num>
<text>Supervising and assuming responsibility for the levying and collection of all taxes, special assessments, licensing fees, and other revenues of the District of Columbia (as may be required by law), and receiving all amounts paid to the District of Columbia from any source (including the Authority).</text>
</level>
<level>
<num>(11)</num>
<text>Maintaining custody of all public funds belonging to or under the control of the District government (or any department or agency of the District government), and depositing all amounts paid in such depositories and under such terms and conditions as may be designated by the Council (or by the Authority during a control year).</text>
</level>
<level>
<num>(12)</num>
<text>Maintaining custody of all investment and invested funds of the District government or in possession of the District government in a fiduciary capacity, and maintaining the safekeeping of all bonds and notes of the District government and the receipt and delivery of District government bonds and notes for transfer, registration, or exchange.</text>
</level>
<level>
<num>(13)</num>
<text>Apportioning the total of all appropriations and funds made available during the year for obligation so as to prevent obligation or expenditure in a manner which would result in a deficiency or a need for supplemental appropriations during the year, and (with respect to appropriations and funds available for an indefinite period and all authorizations to create obligations by contract in advance of appropriations) apportioning the total of such appropriations, funds, or authorizations in the most effective and economical manner.</text>
</level>
<level>
<num>(14)</num>
<text>Certifying all contracts and leases (whether directly or through delegation) prior to execution as to the availability of funds to meet the obligations expected to be incurred by the District government under such contracts and leases during the year.</text>
</level>
<level>
<num>(15)</num>
<text>Prescribing the forms of receipts, vouchers, bills, and claims to be used by all agencies, offices, and instrumentalities of the District government.</text>
</level>
<level>
<num>(16)</num>
<text>Certifying and approving prior to payment of all bills, invoices, payrolls, and other evidences of claims, demands, or charges against the District government, and determining the regularity, legality, and correctness of such bills, invoices, payrolls, claims, demands, or charges.</text>
</level>
<level>
<num>(17)</num>
<text>In coordination with the Inspector General of the District of Columbia, performing internal audits of accounts and operations and records of the District government, including the examination of any accounts or records of financial transactions, giving due consideration to the effectiveness of accounting systems, internal control, and related administrative practices of the departments and agencies of the District government.</text>
</level>
<level>
<num>(18)</num>
<text>Exercising responsibility for the administration and supervision of the District of Columbia Treasurer.</text>
</level>
<level>
<num>(19)</num>
<text>Supervising and administering all borrowing programs for the issuance of long-term and short-term indebtedness, as well as other financing-related programs of the District government.</text>
</level>
<level>
<num>(20)</num>
<text>Administering the cash management program of the District government, including the investment of surplus funds in governmental and non-governmental interest-bearing securities and accounts.</text>
</level>
<level>
<num>(21)</num>
<text>Administering the centralized District government payroll and retirement systems (other than the retirement system for police officers, fire fighters, and teachers).</text>
</level>
<level>
<num>(22)</num>
<text>Governing the accounting policies and systems applicable to the District government.</text>
</level>
<level>
<num>(23)</num>
<text>Preparing appropriate annual, quarterly, and monthly financial reports of the accounting and financial operations of the District government.</text>
</level>
<level>
<num>(24)</num>
<text>Not later than 120 days after the end of each fiscal year, preparing the complete financial statement and report on the activities of the District government for such fiscal year, for the use of the Mayor under section 448(a)(4) [D.C. Official Code § 1-204.48(a)(4)].</text>
</level>
<level>
<num>(25)</num>
<text>Preparing fiscal impact statements on regulations, multiyear contracts,</text>
<text>contracts over $1,000,000 and on legislation, as required by section 4a of the General Legislative Procedures Act of 1975 [D.C. Official Code § 1-301.47a].</text>
</level>
<level>
<num>(26)</num>
<text>Preparing under the direction of the Mayor, who has the specific responsibility for formulating budget policy using Chief Financial Officer technical and human resources, the budget for submission by the Mayor to the Council and to the public and upon final adoption to Congress and to the public.</text>
</level>
<level>
<num>(27)</num>
<text>Certifying all collective bargaining agreements and nonunion pay proposals prior to submission to the Council for approval as to the availability of funds to meet the obligations expected to be incurred by the District government under such collective bargaining agreements and nonunion pay proposals during the year.</text>
</level>
<level>
<num>(28)</num>
<text>With respect to attorneys in special education cases brought under the Individuals with Disabilities Education Act in the District of Columbia during fiscal year 2006 and each succeeding fiscal year – </text>
<level>
<num>(A)</num>
<text>requiring such attorneys to certify in writing that the attorney or representative of the attorney rendered any and all services for which the attorney received an award in such a case, including those received under a settlement agreement or as part of an administrative proceeding, from the District of Columbia;</text>
</level>
<level>
<num>(B)</num>
<text>requiring such attorneys, as part of the certification under subparagraph (A), to disclose any financial, corporate, legal, membership on boards of directors, or other relationships with any special education diagnostic services, schools, or other special education service providers to which the attorneys have referred any clients in any such cases; and</text>
</level>
<level>
<num>(C)</num>
<text>preparing and submitting quarterly reports to the Committees on Appropriations of the House of Representatives and Senate on the certification of and the amount paid by the government of the District of Columbia, including the District of Columbia Public Schools, to such attorneys.</text>
</level>
</level>
</level>
<level>
<num>(e)</num>
<text>[D.C. Official Code § 1-204.24e] FUNCTIONS OF TREASURER. – At all times, the Treasurer shall have the following duties:</text>
<level>
<num>(1)</num>
<text>Assisting the Chief Financial Officer in reporting revenues received by the District government, including submitting annual and quarterly reports concerning the cash position of the District government not later than 60 days after the last day of the quarter (or year) involved. Each such report shall include the following:</text>
<level>
<num>(A)</num>
<text>Comparative reports of revenue and other receipts by source, including tax, nontax, and Federal revenues, grants and reimbursements, capital program loans, and advances. Each source shall be broken down into specific components.</text>
</level>
<level>
<num>(B)</num>
<text>Statements of the cash flow of the District government for the preceding quarter or year, including receipts, disbursements, net changes in cash inclusive of the beginning balance, cash and investment, and the ending balance, inclusive of cash and investment. Such statements shall reflect the actual, planned, better or worse dollar amounts and the percentage change with respect to the current quarter, year-to-date, and fiscal year.</text>
</level>
<level>
<num>(C)</num>
<text>Quarterly cash flow forecast for the quarter or year involved, reflecting receipts, disbursements, net change in cash inclusive of the beginning balance, cash and investment, and the ending balance, inclusive of cash and investment with respect to the actual dollar amounts for the quarter or year, and projected dollar amounts for each of the 3 succeeding quarters.</text>
</level>
<level>
<num>(D)</num>
<text>Monthly reports reflecting a detailed summary analysis of all District of Columbia government investments, including – </text>
<level>
<num>(i)</num>
<text>the total of long-term and short-term investments;</text>
</level>
<level>
<num>(ii)</num>
<text>a detailed summary analysis of investments by type and amount, including purchases, sales (maturities), and interest;</text>
</level>
<level>
<num>(iii)</num>
<text>an analysis of investment portfolio mix by type and amount, including liquidity, quality/risk of each security, and similar information;</text>
</level>
<level>
<num>(iv)</num>
<text>an analysis of investment strategy, including near-term strategic plans and projects of investment activity, as well as forecasts of future investment strategies based on anticipated market conditions, and similar information; and</text>
</level>
<level>
<num>(v)</num>
<text>an analysis of cash utilization, including – </text>
<level>
<num>(I)</num>
<text>comparisons of budgeted percentages of total cash to be invested with actual percentages of cash invested and the dollar amounts;</text>
</level>
<level>
<num>(II)</num>
<text>comparisons of the next return on invested cash expressed in percentages (yield) with comparable market indicators and established District of Columbia government yield objectives; and</text>
</level>
<level>
<num>(III)</num>
<text>comparisons of estimated dollar return against actual dollar yield.</text>
</level>
</level>
</level>
<level>
<num>(E)</num>
<text>Monthly reports reflecting a detailed summary analysis of long-term and short-term borrowings inclusive of debt as authorized by section 603 [D.C. Official Code § 1-206.03], in the current fiscal year and the amount of debt for each succeeding fiscal year not to exceed 5 years. All such reports shall reflect – </text>
<level>
<num>(i)</num>
<text>the amount of debt outstanding by type of instrument;</text>
</level>
<level>
<num>(ii)</num>
<text>the amount of authorized and unissued debt, including availability of short-term lines of credit, United States Treasury borrowings, and similar information;</text>
</level>
<level>
<num>(iii)</num>
<text>a maturity schedule of the debt;</text>
</level>
<level>
<num>(iv)</num>
<text>the rate of interest payable upon the debt; and</text>
</level>
<level>
<num>(v)</num>
<text>the amount of debt service requirements and related debt service reserves.</text>
</level>
</level>
</level>
<level>
<num>(2)</num>
<text>Such other functions assigned to the Chief Financial Officer under subsection (d) as the Chief Financial Officer may delegate.</text>
</level>
</level>
<level>
<num>(f)</num>
<text>DEFINITIONS. – For purposes of this section (and sections 424a and 424b) [D.C. Official Code §' 1-204.24. 1-204.25, and 1-204.26] – </text>
</level>
</level>
<level>
<num>(1)</num>
<text>the term 'Authority' means the District of Columbia Financial Responsibility and Management Assistance Authority established under section 101(a) of the District of Columbia Financial Responsibility and Management Assistance Act of 1995 [D.C. Official Code ' 47-391.01(a)];</text>
</level>
<level>
<num>(2)</num>
<text>the term 'control year' has the meaning given such term under section 305(4) of such Act [D.C. Official Code § 47-393(4)]; and</text>
</level>
<level>
<num>(3)</num>
<text>the term 'District government' has the meaning given such term under section 305(5) of such Act [D.C. Official Code § 47-393(5)].</text>
<text>AUTHORITY OF CHIEF FINANCIAL OFFICER OVER PERSONNEL OF OFFICE AND OTHER FINANCIAL PERSONNEL</text>
</level>
</level>
<level>
<type>toc</type>
<prefix>Section</prefix>
<num>424a</num>
<text>[D.C. Official Code § 1-204.25] IN GENERAL. – Notwithstanding any provision of law or regulation (including any law or regulation providing for collective</text>
<text>bargaining or the enforcement of any collective bargaining agreement), employees of the Office of the Chief Financial Officer of the District of Columbia, including personnel described in subsection (b), shall be appointed by, shall serve at the pleasure of, and shall act under the direction and control of the Chief Financial Officer of the District of Columbia, and shall be considered at-will employees not covered by the District of Columbia Merit Personnel Act of 1978, except that nothing in this section may be construed to prohibit the Chief Financial Officer from entering into a collective bargaining agreement governing such employees and personnel or to prohibit the enforcement of such an agreement as entered into by the Chief Financial Officer.</text>
<level>
<num>(b)</num>
<text>PERSONNEL. – The personnel described in this subsection are as follows:</text>
<level>
<num>(1)</num>
<text>The General Counsel to the Chief Financial Officer and all other attorneys in the Office of the General Counsel within the Office of the Chief Financial Officer of the District of Columbia, together with all other personnel of the Office.</text>
</level>
<level>
<num>(2)</num>
<text>All other individuals hired or retained as attorneys by the Chief Financial Officer or any office under the personnel authority of the Chief Financial Officer, each of whom shall act under the direction and control of the General Counsel to the Chief Financial Officer.</text>
</level>
<level>
<num>(3)</num>
<text>The heads and all personnel of the subordinate offices of the Office (as described in section 424(a)(2) [D.C. Official Code § 1-204.24a(b)] and established as subordinate offices in section 424(a)(3)[D.C. Official Code § 1-204.24a(c)]) and the Chief Financial Officers, Agency Fiscal Officers, and Associate Chief Financial Officers of all District of Columbia executive branch subordinate and independent agencies (in accordance with subsection (c)), together with all other District of Columbia accounting, budget, and financial management personnel (including personnel of executive branch independent agencies, but not including personnel of the legislative or judicial branches of the District government).</text>
</level>
</level>
<level>
<num>(c)</num>