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Tribal constitution and by laws. 48 Stat. 984. 25 USC 461.

Tribal officials, election.

Menominee Enter p r i s e s, Inc., a s s e t assumption plan, submittal to Congress.

PUBLIC LAW 93-197-DEC. 22, 1973

[87

STAT.

Menominee Restoration Committee, shall proceed to make current the roll in accordance with the terms of this Act. The names of all enrollees who are deceased as of the date of enactment of this Act shall be stricken. The names of any descendants of an enrollee shall be added to the roll provided such descendant possesses at least one-quarter decree Menominee Indian blood. Upon installation of elected constitutional officers of the tribe, the Secretary and the Menominee Eestoration Committee shall deliver their records, files, and any other material relating to enrollment matters to the tribal governing body. All further work in bringing and maintaining current the tribal roll shall be performed in such manner as may be prescribed in accordance with the tribal governing documents. Until responsibility for the tribal roll is assumed by the tribal governing body, appeals from the omission or inclusion of any name upon the tribal roll shall lie with the Secretary and his determination thereon shall be final. The Secretary shall make the final determination of each such appeal within ninety days after an appeal is initiated. SEC. 5. (a) Upon recpest from the Menominee Restoration Committee, the Secretary shall conduct an election by secret ballot, pursuant to the provisions of the Act of June 18, 1934, as amended, for the purpose of determining the tribe's constitution and bylaws. The election shall be held within sixty days after final certification of the tribal roll. (b) The Menominee Restoration Committee shall distribute to all enrolled persons who are entitled to vote in the election, at least thirty days before the election, a copy of the constitution and bylaws as drafted by the Menominee Restoration Committee which will be presented at the election, along with a brief impartial description of the constitution and bylaws. The Menominee Restoration Committee shall freely consult with persons entitled to vote in the election concerning the text and description of the constitution and bylaws. Such consultation shall not be carried on within fifty feet of the polling places on the date of the election. (c) Within one hundred and twenty days after the tribe adopts a constitution and bylaws, the Menominee Restoration Committee shall conduct an election by secret ballot for the purpose of determining the individuals who will serve as tribal officials as provided in the tribal constitution and bylaws. For the purpose of this initial election and notwithstanding any provision in the tribal constitution and bylaws to the contrary, absentee balloting shall be permitted and all tribal members who are eighteen years of age or over shall be entitled to vote in the election. All further elections of tribal officers shall be as provided in the tribal constitution and bylaws and ordinances adopted thereunder. (d) I n any election held pursuant to this section, the vote of a majority of those actually voting shall be necessary and sufficient to effectuate the adoption of a tribal constitution and bylaws and the initial election of the tribe's governing body, so long as, in each such election, the total vote cast is at least 30 per centum of those entitled to vote. (e) The time periods set forth in subsections 4(c), 5 (a), and 5(c) may be changed by the written agreement of the Secretary and the Menominee Restoration Committee. SEC. 6. (a) The Secretary shall negotiate with the elected members of the Menominee Common Stock and Voting Trust and the Board of Directors of Menominee Enterprises, Incorporated, or their authorized representatives, to develop a plan for the assumption of the assets of

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Page:United States Statutes at Large Volume 87.djvu/805

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PUBLIC LAW 93-197-DEC. 22, 1973

the corporation. The Secretary shall submit such plan to the Congress within one year from the date of the enactment of this Act. (b) If neither House of Congress shall have passed a resolution of disapproval of the plan within sixty days of the date the plan is submitted to Congress, the Secretary shall, subject to the terms and conditions of the plan negotiated pursuant to suosection (a) of this section, accept the assets (excluding any real property not located in or adjacent to the territory, constituting, on the effective date of this Act, the county of Menominee, Wisconsin) of Menominee Enterprises, Incorporated, but only if transferred to him by the Board of Directors of Menominee Enterprises, Incorporated, subject to the approval of the shareholders as required by the laws of Wisconsin. Such assets shall be subject to all valid existing rights, including, but not limited to, liens, outstanding taxes (local, State, and Federal), mortgages, outstanding corporate indebtedness of all types, and any other obligation. The land and other assets transferred to the Secretary pursuant to this subsection shall be subject to foreclosure or sale pursuant to the terms of any valid existing obligation in accordance with the laws of the State of Wisconsin. Subject to the conditions imposed by this section, the land transferred shall be taken in the name of the United States in trust for the tribe and shall be their reservation. The transfer of assets authorized by this section shall be exempt from all local, State, and Federal taxation. All assets transferred under this section shall, as of the date of transfer, be exempt from all local, State, and Federal taxation. (c) The Secretary shall accept the real property (excluding any real property not located in or adjacent to the territory constituting, on the effective date of this Act, the county of Menominee, Wisconsin) of members of the Menominee Tribe, but only if transferred to him by the MeJiomiiiee owner or owners. Such property shall be subject to all valid existing rights including, but not limited to, liens, outstanding taxes (local. State, and Federal), mortgages, and any other obligations. The land transferred to the Secretary pursuant to this subsection shall be subject to foreclosure or sale pursuant to the terms of any A'alid existing obligation in accordance with the laws of the State of Wisconsin. Subject to the conditions imposed by this subsection, the land transferred sluill be taken in the name of the United States in trust for the Menominee Tribe of Wisconsin and shall be part of their reservation. The transfer of assets authorized by this section shall be exempt from all local, State, and Federal taxation. All assets transferred under this section shall, as of the date of transfer, be exempt from all local. State, and Federal taxation. (d) The Secretary and the Menominee Restoration Committee shall ccnisult with appropriate State and local government officials to assure that the provision of necessary governmental services is not impaired as a result of the transfer of assets provided for in this section. (e) For the purpose of implementing subsection (d), the State of Wisconsin may establish such local govermnent bodies, political subdivisions, and service arrangements as will best provide the State or local government services required by the people in the territory constituting, on the effective date of this Act, the county of Menominee. SFX'. 7. The Secretary is hereby authorized to make such rules and I'egulations as are necessary to carry out the provisions of this Act. SJ:C. 8. There are hereby authorized to be appropriated such sums as may be necessary to cari'v out the provisions of this Act. Approved December 22, 1973.

773

i^'^rjj^s^t^b^'^s'^^'^ '" "^"^* ^ "^^^ exemption.

o^^ne"rs^p"openf transfer to u.s.

Tl'!"^^ ^^""^ u!s. ^" '^"^^ ^ '^^'^ exemption.

igf^"^^/ ^""^ '•^^"" Appropriation.

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license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/


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Page:United States Statutes at Large Volume 87.djvu/806

 774

PUBLIC LAW 93-198-DEC. 24, 1973

Public Law 93-198

-

[87 STAT.

-

AN ACT

December 24, 1973 To reorganize the governmental s t r u c t u r e of the District of Columbia, to provide [S. 1435]

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 Government of the District of Columbia, and for other purposes. District of Columbia SelfGovernment and Governmental Reorganization Act.

Be it enacted by the Senate and House of Representatives of the United States of Amenca m Congress assembled, TABLE OF CONTENTS TITLE I—SHORT TITLE, PURPOSES, AND DEFINITIONS Sec. 101. Short title. Sec. 12. Statement of puiiwues. Sec. 103. Definitions. TITLE II—GOVERNMENTAL Sec. Sec. Sec. Sec.

201. 202. 203. 204.

REORGANIZATION

Redevelopment Land Agency. National t'apital Housing Authority. National Capital Planning Commission and municipal planning. District of Columbia Manpower Administration.

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

j

TITLE IV—THE DISTRICT CHARTER PART A — THE COUNCIL

Subpart 1—Creation of the Council Sec. See. Sec. Sec.

401. 402. 403. 404.

Creation and membership. Qualifications for holding office. Compensation. Powers of the Council.

.,

,,

Subpart 2—Organization and Procedure of the Council Sec. 411. The Chairman. Sec. 412. Acts, resolutions, and requirements for quorum. Sec. 413. Investigations by the Council. PART B — THE

MAYOR

Sec. 421. Election, qualifications, vacancy and compensation. Sec. 422. Powers and duties. Sec. 423. Municipal planning. PART C — THE

Sec. Sec. Sec. Sec.

431. 432. 433. 4.34.

JUDICIARY

.Judicial power.s. Removal, suspension, and involuntary retirement. Nomination and appointment of judges. District of Coliun))ia Judicial Nomination Commission.

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Page:United States Statutes at Large Volume 87.djvu/807

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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'

Soc. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec.

441. 44.2. 443. 444. 445. 446. 447. 448. 449. 450. 451. 452.

Subpart l-Riulget and Finnndnl MnnngoniPiif, Fiscal year. Submission of annual budget. Multlyear plan. Multlyear capital Improvements plan, District of Columbia courts' budget. Enactment of appropriations by Congress. Consistency of budget, accounting, and personnel syslcms. Financial duties of the Mayor. Accounting supervision and control. General and special funds. Contracts extending beyond one year. 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. Sec. Sec. Sec.

471. 472. 478. 474.

Borrowing to meet appropriations. Borrowing in anticipation of revenues. Notes redeemable prior to maturity. 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. Sec. Sec. Sec. Sec.

485. 486. 487. 488. 489.

Tax exemption. Legal investment. Water pollution. Cost of reservoirs on Potomac River. District's contributions to the Washington MetropolitHn Area Ti-«nsit Authority, Sec. 490. Revenue bonds and other obligations. PART F—INDEPENDENT AGENCIES

Sec. Sec. Sec. Sec. Sec.

491. 492. 493. 494. 495.

Board of Elections. Zoning Commission. Public Service Commission. Armory Board. 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. Sec. Sec. Sec.

601. 602. 603. 604.

Retention of constitutional authority. Limitations on the Council. Budget process; limitations on borrowing and spending. Congressional action on certain District matters.

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Page:United States Statutes at Large Volume 87.djvu/808

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PUBLIC LAW 93-198-DEC. 24, 1973

[87 STAT.

TABLE OF CONTENTS—Continued TITLE VII — R E F E R E N D U M; SUCCESSION I N G O V E R N M E N T; TEMPORARY PROVISIONS; 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 ELECTION ACT; RULES 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

Sec. Sec. Sec. Sec.

701. 702. 703. 704.

REFERENDUM

Referendum. Board of Elections authority. Referendum ballot and notice of voting. Acceptance or nonacceptance of Charter. PART B — S U C C E S S I O N I N

Sec. Sec. Sec. Sec. Sec. Sec.

GOVERNMENT

711. 712. 713. 714. 715. 716.

Abolishment of existing government and transfer of functions. Certain delegated functions and functions of certain agencies. Transfer of personnel, property, and funds. Existing statutes, regulations, and other actions. Pending actions and proceedings. 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. Sec. Sec. Sec.

731 732 733 734.

Sec. Ses. Sec. Sec. Sec. Sec. Sec. Sec. Sec.

735 736. 737. '(38 739. 740. 741. 742. 743.

Agreements with United States. Personal interest in contracts or transactions. Compensation from more than one source. Assistance of the United States Civil Service Commission in development of District merit system. Revenue sharing restrictions. Independent audit. f>s^.-.i^';'' Adjustments. Advisory neighborhood councils. National Capital Service Area. Emergency control of police. '., > '..' Holding office in the District. Open meetings. Termination of the District's authority to borrow from the Treasury.

PART E — AMENDMENTS TO THE D I S T R I C T OF COLUMBIA ELECTION ACT

Sec. 751. Amendments. Sec. 752. District Council authority over elections. P A R T F — RULES OF CONSTRUCTION

Sec. 761. Construction. PART G — EFFECTIVE 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 SelfGovernment and Governmental Reorganization Act".

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Page:United States Statutes at Large Volume 87.djvu/809

 87 STAT. ]

PUBLIC LAW 93-198-DEC. 24, 1973 STATEMENT

OF

777

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 inhabitants 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 possible, consistent with the constitutional mandate, relieve Congress of the burden of legislating upon essentially local District matters. (b) Congress further intends to implement certain recommendations of the Commission on the Organization of the Government of the District of Columbia and take certain other actions irrespective of whether the charter for greater self-government provided for in title IV of this Act is accepted or rejected by the registered qualified electors of the District of Columbia. DEFINITIONS

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 Columbia provided for by part A of title IV. (3) The term "Commissioner" means the Commissioner of the District of Columbia established under Reorganization Plan Numbered 3 of 1967. (4) The term "District of Columbia Council" means the Council of the District of Columbia established under Reorganization Plan Numbered 3 of 1967. 81 Stat^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 public betterment or improvement and any preliminary studies and surveys relative 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 general circulation in the District. (13) The term "District of Columbia courts" means the Superior Court of the District of Columbia and the District of Columbia Court of Appeals.

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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 Federal grant programs. (15) The term "budget" means the entire request for appropriations 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 REORGANIZATION REDEVELOPMENT LAND AGENCY

60 Stat. 793.

D.C. government authority.

Factfinding board.

SEC. 201. The District of Columbia Redevelopment Act of 1945 (D.C. Code, secs. 5-701—5-719) is amended as follows: (a) Subsection (a) of section 4 of such Act (D.C. Code, sec. 5-703 (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 position 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." (b) Subsection (b) of section 4 of such Act (D.C. Code, sec. 5-703 (b)) is amended— (1) by inserting after "forth" at the end of the first sentence of such section ", except that nothing in this section shall prohibit 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) by striking out in the second sentence "including the selection 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: "(c) The Council is authorized, by act, to adopt legislation— "(1) establishing, for the purpose of assuring uniform procedures 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-

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Page:United States Statutes at Large Volume 87.djvu/811

 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 administrative 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 project 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 II 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 Redevelopment 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 (hereinafter referred to as the "Authority") established under the District of Columbia Alley Dwelling Act (D.C. Code, secs. 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 exercised by the Commissioner. 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 Cohimbia government. N A T I O N A L CAPITAL P L A N N I N G COMMISSION 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

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Page:United States Statutes at Large Volume 87.djvu/812

 780 lis^'^'t. 782; 40 USC 71a. Federal planning agency.

60 Stat. 718; ^^D.cVcodeg^^n'r?'lfif^„.„

D.C. planning agency

PUBLIC LAW 93-198-DEC. 24, 1973

[87 STAT.

playground systc^m of the Xational Capital", approved June 6, 1924 (j).(T. Code, sec. 1-1002), are amended to read as follows: " (a)(1) The National Capital Planning Commission (hereinafter referred to as the 'Commission') is created as the central Federal plan^^^^^^ agency 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. 193a, 193m), and to any extension thereof or additions thereto, or to buildings and grounds under the care of the Architect of the Capitol. "(^) The Commissioner of the District of Columbia (hereinafter 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- preparing 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 multiyear program of public works for the District, and physical, social, economic, transportation, and population elements. The Commissioner's planning responsibility shall not extend to Federal or international 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 Commissioner shall establish pi-ocedures for citizen participation 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 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 hearings. Following adoption 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 interests 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, within 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 Commission'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 the Commission for r^econsideration; or "(ii) accept such findings and r-ecommendations and modify such elemenr or- amendment ac-cordinglv.

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Page:United States Statutes at Large Volume 87.djvu/813

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PUBLIC LAW 93-198-DEC. 24, 1973

781

If the Council accepts such findings and recommendations and modifies such element or amendment under clause (ii),_the Council shall submit such element or amendment to the Commission for it to determine 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 implemented. 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 submitted 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- "^^""^ iimitamission, 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 Administration, the Commissioner, the Chairman of the District of Columbia Council, and the chairmen of the Committees on the District of Columbia of the Senate and the House of Representatives, or such alternates as each such person may from time to time designate 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-

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text:
Insectivorous Plants

 * Darwin, Charles (1899), Insectivorous Plants.
 * Darwin, Charles (1899), Insectivorous Plants.
 * Darwin, Charles (1899), Insectivorous Plants.

title: Insectivorous Plants


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Page:United States Statutes at Large Volume 87.djvu/814

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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 President 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 member 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 USC 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 coordinated plan for the NationalCapital, which plan shall include the Commission'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 without 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) and (c) of such section are repealed. 40 USC 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 central area may be defined and from time to time redefined by concurrent 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 agencies 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 USC 7ie; (f) Section 7 of such Act (D.C. Code, sec. 1-1007) is amended to 7If. read as follows:

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783

PUBLIC LAW 93-198-DEC. 24, 1973

"SEC. 7. (a) The Commission shall recommend a six-year program 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 first 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 February 1 of each year, a copy of the multiyear capital improvements plan for the District developed by him under section 444 of the District of Columbia Self-Government and Governmental Reorganization Act. 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 follows: "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 proposed amendments of the zoning regulations and maps as to the relation, conformity, or consistency of such amendments with the comprehensive plan for the Xational Capital."

Public works projects.

Multiyear capital improvements plan, submittal to Commission. Post,

p. 800.

66 Stat. 790. 40 USC 71g.

52 Stat. 7<)8.

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 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, 1983 (29 U.S.C. 49-49k), with respect to the maintenance of a public employment service for the District, are transfen-ed to the Commissioner. 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 employment service in the States) generally. (b) The Commissioner 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 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 cooperation with the States in the promotion of such system, and for other purposes", approved June 6, 1933 (29 I"^.S.C. 49b (a)), is amended by striking 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 inserting "the District of Columbia," immediately after "Guam,". (d) All functions of the Secretary 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 (D.C. Code, secs. 36-121—36-133), are transferred to and shall be exercised by the Commissioner. The office of Director of Apprenticeship provided for in section 3 of such Act (D.C. Code, sec. 36-123) is abolished. (e) 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,

48 Stat. 113; 53 Stat. 1409; 68 Stat. 665.

Public employment service.

70 Stat. 910.

60 Stat. 204; 84 Stat. 583.

5 USC 8101,

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rl'er^*' °^ proper y.

50 Stat. 664. "State."

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, ^^^ ®° 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 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 pertaining 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. (h) The first section of the Act of August 16, 1937 (29 U.S.C. 50 et seq.) (relating to the welfare of apprentices) j is amended by inserting at the end thereof "For the purposes of this Act the term 'State' shall include the District of Columbia.". TITLE III—DISTKICT CHARTER PREAMBLE, LEGISLATIVE 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

Post, p. 785.

CHARTER

SEC. 301. The charter for the District of Columbia set forth in ^^^|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

Post. pp. 813, '^'**

PREAMBLE

POWER

gjj^_ 3Q2. Except as provided in sections 601, 602, and 603, the legislative power of the District shall extend to all rightful subjects of legislation within the District consistent with the Constitution of the United States and the provisions of this Act subject to all the restrictions and limitations imposed upon the States by the tenth section of the first article of the Constitution of the United States. CHARTER A M E N D I N G

PROCEDURE

SEC. 303. (a) The charter set forth in title IV (including any provision 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 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 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.

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PUBLIC LAW 93-198-DEC. 24, 1973

(c) The 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 according to the procedures specified in subsection (a). (d) The amending procedure provided in this section may not be used to enact any law or affect any law with respect to which the Council may not enact any act, resolution, or rule under the limitations specified in sections 601,602, and 603.

'

785

^ ^°^*' PP- " 3. 814.

TITLE IV—THE DISTRICT CHARTER PART A — THE

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 members 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 term of office of the members of the Council shall be four years, except 1101 note. 1as 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 nominate a number of candidates for the office of at-large member of the Council equal to one less than the total number of at-large members (excluding the Chairman) to be elected in such election. (3) 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 members to serve the four-year terms and the members to serve the twoyear 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 functions of the Council. (d)(1) In the event of a vacancy in the Council of a member elected from a ward, the Board of Elections 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 occurring 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,

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Mayoral vacancy

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. (2) In the evcnt 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 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 otherwise 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 paragraph. Such person appointed by the Council shall take office and serve as a member at the same time and for the same term as a member appointed by a central committee of a political party. (3) Notwithstanding any other provision of this section, at no time shall there be more than three members (including the Chairman) serving at large on the Council who are affiliated with the same political party. 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 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 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).

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PUBLIC LAW 93-198-DEC. 24, 1973

787

COMPENSATION

SEC. 403. (a) Each member of the Council shall receive compensation, payable in periodic installments, at a rate equal to the maximum rate as may be established from time to time for grade 12 of the General Schedule under section 5332 of title 5 of the United States Code. On and after the end of the two-year period beginning ^^^^^^ "^^ on the day the members of the Council first elected under this Act take office, the Council may, by act, increase or decrease such rate of compensation. Such change in compensation, upon enactment by the Council in accordance with the provisions of this Act, shall apply with respect to the term of members of the Council beginning after the date of enactment of such change. (b) All members of the Council shall receive additional allowances for actual and necessary expenses incurred in the performance of their duties of office as may be approved by the Council. (c) The Chairman shall receive, in addition to the compensation diSniTcompe'^nto 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 therewith. POWERS o r THE COUNCIL

SEC. 404. (a) Subject to the limitations specified in title VI of this Act, 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. I n addition, except as otherwise provided in this Act, all functions granted to or imposed upon, or vested in or transferred to the District of Columbia Council, as established by Reorganization Plan Numbered 3 of 1967, shall be carried out by the Council in accordance 81 Stat. 948. 5 USC 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. Ten-day legisi(e) An act passed by the Council shall be presented by the Chair- lative decision. man 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). 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). 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 ! •

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Post, p. 814. 31 u'sc 1 ° ^

PUBLIC LAW 93.198-DEC. 24, 1973

[87 STAT.

voting vote to reenact such act, the act so reenacted shall be transmitted by the Chairman to the President of the United States. Subject 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 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 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. 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 REQUIREMENTS

Special eiec-

tion

Quorum.

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 intervening between each reading. Upon final adoption by the Council each act shall be made immediately available to the public in a manner which the Council shall determine. If the Council determines, by a vote of two-thirds of the members, that emergency circumstances make it necessary that an act be passed after a single reading, or that it take effect immediately upon enactment, such act shall be effective for a period of not to exceed ninety days. Resolutions shall be used to express simple determinations, decisions, or directions of the Council of a special or temporary character. (^^ j ^ spccial 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. (^^^ ^ 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.

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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 — THE 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) The 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 individual) and holds no public office or position (other than his employment in and position as Mayor), for which he is compensated in an amount in excess of his actual expenses in connection therewith, except that nothing in this clause shall be construed as prohibiting such person, while holding the Office of Mayor, from serving as a delegate or alternate delegate to a convention of a political party nominating candidates for President and Vice President of the United States, or from holding an appointment in a reserve component of an armed force of the United States other than a member serving on active duty under a call for more than thirty days. The Mayor shall forfeit his office upon failure to maintain the qualifications required by this paragraph. (2) To fill a vacancy in the Office of Mayor, the Board of Elections shall hold a special election in the District on the first Tuesday occurring more than one hundred and fourteen days after the date on which such vacancy occurs, unless the Board of Elections determines that such vacancy could be more practicably filled in a special election held on the same day as the next general election to be held in the District occurring within sixty days of the date on which a special election would otherwise have been held under the provisions of this paragraph. The person elected Mayor to fill a vacancy in the Office of Mayor shall take office on the day on which the Board of Elections 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

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ga'stat* 8*63^°'

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 comjpensation 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 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 ^^ *^^^® ^ ^^ ^^^ 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

l\f^^^'^^^^'„

5 USC app. n. D.C. Code 1

SEC. -422. The executive power of the District shall be vested in the Mayor who shall be the chief executive officer of the District government. In addition, except as otherwise provided in this Act, all functions granted to or vested in the Commissioner of the District of Columbia, as established under Reorganization Plan Numbered 3 of 1967, shall be carried out by the Mayor in accordance with this Act. The Mayor shall be responsible for the proper execution of all laws relating to the District, and for the proper administration of the affairs of the District coming under his jurisdiction or control, including but not limited to the following powers, duties, and functions: (1) The Mayor may designate the officer or officers of the executive department of the District who may, during periods of disability or absence from the District of the Mayor execute and perform the powers and duties of the Mayor. (2) The Mayor shall administer all laws relating to the appointment, promotion, discipline, separation, and other conditions of employment of personnel in the office of the Mayor, personnel in executive departments of the District, and members of boards, commissions, and other agencies, who, under laws in effect on the date immediately preceding the effective date of section 711(a) of this Act, 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), 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 Numbered 5491 of November 18. 1930. relating to the appointment of District personnel. He shall appoint or assign persons to positions formerly occupied, ex-officio, by the Commissioner of the District of Columbia or by the Assistant to the Commissioner and shall have power to remove such persons from such positions. The officers and employees of each agency with respect to which legislative power is delegated

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 87 STAT. ]

PUBLIC LAW 93-198-DEC. 24, 1973

791

by this Act and which immediately prior to the effective date of section 711(a) of this Act, was not subject to the administrative control of the (""ommissioner of the District, shall 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 establishing 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, 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, 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), shall continue ^°^*' ^' ^^^' to be applicable until such time as the Council shall, pursuant to this section, provide for coverage under a District goverimient merit system. 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 Federal Civil Service System and shall provide for persons employed by the District goveriiment 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 eq[ual 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. 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. (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 disappro\-ing acts passed by the Council or functions, the function of approving contracts between the District and the Federal 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 the 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 Adminisat 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 perfor-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 IV 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 the Council or any of its committees.

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(11) The Mayor is authorized to issue and enforce administrative orders, not inconsistent with this or any other Act of the Congress or any act of the Council, as are necessary to carry out his functions and duties. (12) The Mayor may reorganize the offices, agencies, and other entities within the executive branch of the government of the District by submitting to the Council a detailed plan of such reorganization. Such a reorganization plan shall be valid only if the Council does not adopt, within sixty days (excluding Saturdays, Sundays, and holidays) after such reorganization plan is submitted to it by the Mayor, a resolution disapproving such reorganization. MUNICIPAL

Planning responsibility, 1 tation.

60 Stat. 71f 81 Stat. 275. D.C. Code 9-1 18, 9-132.

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 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 i^opulation 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 (40 U.S.C. 193a, 193m), or to any extension thereof or addition thereto, or to buildings and gromids 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 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 amendments thereto, to the Council for revision or modification, and adoption by act, following public hearings. Following adoption and prior to implementation, the Council shall submit such elements and amendments thereto, to the National Capital Planning Commission for review and comment with regard to the impact of such elements or amendments on the interests and functions of the Federal Establishment, as determined by the Commission. (c) Such elements and amendments thereto shall be subject to and limited by determinations with respect to the interests and functions of the Federal Establishment as determined in the manner provided by Act of Congress. PART C — THE JUDICIARY J U n i C I A L POWERS

District of Columbia Court of A p p e a l s; Superior Court of the District of Columbia, jurisdiction.

SKC. 431. (a) The judicial power of the District is vested in the District of Columbia Court of Appeals and the Superior Court of the District of Columbia. The Superior Court has jurisdiction of any civil action or other matter (at law or in equity) brought in the District and of any criminal case under any law applicable exclusively to the District. The Superior Court has no jurisdiction over any civil or criminal matter over which a United States court has exclusive jurisdiction pursuant to an Act of Congress. The Court of Appeals has jurisdiction

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PUBLIC LAW 93-198-DEC. 24, 1973

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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 regular 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 Reorganization 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*comJudicial Disabilities and Tenure (hereinafter referred to as the "Ten- mission on jirdiure 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 member selected in accordance with subsection (e)(3)(A) shall serve for five years; of the members first selected in accordance with subsection (e)(3)(B), one member shall serve for three years and one member shall serve for six years; of the members first selected in accordance 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

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Page:United States Statutes at Large Volume 87.djvu/826

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80 Stat. 378, 948S 84 Stat. 775.

Vacancies.

Compensation.

5 USC 5332 note.

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 Code); and (except with respect to the person appointed or designated, 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). (2) Any vacancy on the Tenure Commission shall be filled in the same manner is 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 predecesor. (3) In addition to all other qualifications listed in this section, lawyer members of the Tenure Commission shall have the qualifications prescribed for persons appointed as judges of the District of Columbia courts. Members of the Tenure Commission shall be appointed as follows: (A) One member shall be appointed by the President of the United States. (B) Two members shall be appointed by the Board of Governors of the unified District of Columbia Bar, both 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. (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 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 section 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 certifying the entry, in any court within the United States, of a final judgment 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 Commission of— (A) willful misconduct in office,

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PUBLIC LAW 93-198-DEC. 24, 1973

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(B) willful and persistent failure to perform judicial duties, or (C) any other conduct which is prejudicial to the administration of justice or which brings the judicial office into disrepute. (b) A judge of a District of Columbia court shall be involuntarily retired from office when (1) the Tenure Commission determines that the judge suffers from a mental or physical disability (including habitual intemperance) which is or is likely to become permanent and which prevents, or seriously interferes with, the proper performance of 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 subsection (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 shall 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 Commission, upon concurrence of five members, (A) orders a hearing for the removal or retirement of the judge pursuant to this subchapter and determines that his suspension is in the interest of the administration of justice, and (B) files an order of suspension in the District of Columbia Court of Appeals. The suspension shall terminate as specified in the order (which may be modified, as appropriate, by the Tenure Commission) but in no event later than the termination of all appeals. X O M IX A T I O X AXD APPOINTMENT OF J U D G E S

SEC. 483. (a) Except as provided in section 434(d)(1), the President 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 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 law 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

Qualifications.

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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 Commission a declaration of candidacy for reappointment. If a declaration is not so filed by any judge, a vacancy shall result from the expiration of 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 submit to the President a written evaluation of the declaring candidate's performance during his present term of office and his fitness for reappointment 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, subject to mandatory retirement, suspension, or removal. If the Tenure Commission determines the declaring candidate to be qualified for reappointment to another term, then the 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 declaring 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 Columbia 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

me^m'beriSp?^"''

COMMISSION

.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 years; of the members first selected in accordance with subsection (b)(4)(B), one member shall serve for three years and one member shall serve for six years; of the members first selected in accordance with subsection (b)(4)(C), one member shall sei-\e for a term of three years and one member shall serve for

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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 immediately 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, lawyer members of the Commission shall have the qualifications prescribed for persons appointed as judges for the District of Columbia courts. Members of the Commission shall be appointed as follows: (A) One member shall be appointed by the President of the United States. (B) Two members shall be appointed by the Board of Governors of the unified District of Columbia Bar, both of whom shall have been engaged in the practice of law in the District for at least five successive years preceding their appointment. (C) Two members shall be appointed by the Mayor, one of whom shall not be a lawyer. (D) One member shall be appointed by the Council, and shall not be a lawyer. (E) One member shall be appointed by the chief judge of the United States District Court for the District of Columbia, and such member shall be an active or retired Federal judge serving in the District. (5) 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

for the Commission. (c)(1) The Commission shall act only at meetings called by the Chairman or a majority of the Commission held after notice has been given of such meeting to all Commission members. (2) The Commission shall choose annually, from among its members, a Chairman, and such other officers as it may deem necessary. The Commission may adopt such rules of procedures not inconsistent

note.

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Page:United States Statutes at Large Volume 87.djvu/830

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Confidential L" a'liabiiity'.

PUBLIC LAW 93-198-DEC. 24, 1973

[87 STAT.

with this Act as may be necessary to govern the business of the Commission. (3) ^ h e District government shall furnish to the Commission, upon the request of the Commission, such records, information, services, and such other assistance and facilities as may be necessary to enable the Commission properly to perform its function. Information so furnished 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 Commission must submit lists in which no person is named more than once and the President may select more than one nominee from one list. Whenever a vacancy will occur by reason of the expiration of such a judge's term of office, the Commission's list of nominees shall be submitted to the President not less than thirty days prior to the occurrence 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 recommend to the President one person to replace the person originally recommended. (3) In no instance shall the Commission recommend any person, who in the event of timely nomination following a recommendation by the Commission, does not meet, upon such nomination, the qualifications specified in section 433. 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 government which shall include— (1) the budget for the forthcoming fiscal year in such detail as the Mayor determines necessary to reflect the actual financial condition of the District government for such fiscal year, and specify the agencies and purposes for which funds are being requested; and which shall be prepared on the assumption that proposed expenditures resulting from financial transactions undertaken on either an obligation or cash-outlay basis, for such fiscal

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