Code of the District of Columbia

Subchapter VII. Referendum; Succession in Government; Temporary Provisions; Miscellaneous; Amendments to District of Columbia Elections Act; Rules of Construction; and Effective Dates.


Part A. Charter Referendum.

§ 1–207.01. Referendum.

On a date to be fixed by the Board of Elections, not more than five months after December 24, 1973 a referendum (in this part referred to as the “charter referendum”) shall be conducted to determine whether the registered qualified electors of the District accept the charter set forth in subchapter IV of this chapter.


(Dec. 24, 1973, 87 Stat. 779, Pub. L. 93-198, title VII, § 701.)


§ 1–207.02. Board of Elections authority.

(a) The Board of Elections shall conduct the charter referendum and certify the results thereof as provided in this part.

(b) Notwithstanding the fact that such section does not otherwise take effect unless the charter is accepted under this subchapter, the applicable provision of part E of this subchapter shall govern the Board of Elections in the performance of its duties under this chapter.


(Dec. 24, 1973, 87 Stat. 779, Pub. L. 93-198, title VII, § 702.)


§ 1–207.03. Referendum ballot and notice of voting.

(a) The charter referendum ballot shall contain the following, with a blank space appropriately filled:

“The District of Columbia Home Rule Act, enacted _____ , proposes to establish a charter for the governance of the District of Columbia, but provides that the charter shall take effect only if it is accepted by a majority of the registered qualified voters of the District voting on this issue.

“Indicate in one of the squares provided below whether you are for or against the charter.

“□ For the charter

“□ Against the charter.

“In addition, the Act referred to above authorizes the establishment of advisory neighborhood councils if a majority of the registered qualified voters of the District voting on this issue in this referendum vote for the establishment of such councils.

“Indicate in one of the squares provided below whether you are for or against the establishment of Advisory Neighborhood Councils.

“□ For Advisory Neighborhood Councils

“□ Against Advisory Neighborhood Councils.”

(b) Voting may be by paper ballot or by voting machine. The Board of Elections may make such changes in the second and fourth paragraphs of the charter referendum ballot as it determines to be necessary to permit the use of voting machines if such machines are used.

(c) Not less than five days before the date of the charter referendum, the Board of Elections shall mail to each registered qualified elector (1) a sample of the charter referendum ballot, and (2) information showing the polling place of such elector and the date and hours of voting.

(d) Not less than one day before the charter referendum, the Board of Elections shall publish, in one or more newspapers of general circulation published in the District, a list of the polling places and the date and hours of voting.


(Dec. 24, 1973, 87 Stat. 779, Pub. L. 93-198, title VII, § 703; Apr. 24, 1974, 88 Stat. 93, Pub. L. 93-272, § 1.)

Section References

This section is referenced in § 1-207.38.


§ 1–207.04. Acceptance or nonacceptance of Charter.

(a) If a majority of the registered qualified electors voting in the charter referendum vote for the charter, the charter shall be considered accepted as of the time the Board of Elections certifies the result of the charter referendum to the President of the United States, as provided in subsection (b) of this section.

(b) The Board of Elections shall, within a reasonable time, but in no event more than thirty days after the date of the charter referendum, certify the result of the charter referendum to the President of the United States and to the Secretary of the Senate and the Clerk of the House of Representatives.


(Dec. 24, 1973, 87 Stat. 779, Pub. L. 93-198, title VII, § 704.)

Editor's Notes

On May 17, 1974, the District of Columbia Board of Elections certified the results of the election of May 7, 1974, where a majority of the registered qualified voters of the District, voting on the issues of the establishment of the District Charter (subchapter IV of Chapter 2 of Title 1) and the establishment of Advisory Neighborhood Councils, voted in favor of both issues. See 21 DCR 651.


Part B. Succession in Government.

§ 1–207.11. Abolishment of existing government and transfer of functions.

The District of Columbia Council, the Offices of Chairman of the District of Columbia Council, Vice Chairman of the District of Columbia Council, and the 7 other members of the District of Columbia Council, and the Offices of the Commissioner of the District of Columbia and Assistant to the Commissioner of the District of Columbia, as established by Reorganization Plan No. 3 of 1967, are abolished as of noon January 2, 1975. This section shall not be construed to reinstate any governmental body or office in the District abolished in said plan or otherwise heretofore.


(Dec. 24, 1973, 87 Stat. 818, Pub. L. 93-198, title VII, § 711.)

Prior Codifications

1981 Ed., § 1-211.

1973 Ed., § 1-131.

Section References

This section is referenced in § 1-207.16 and § 1-207.71.


§ 1–207.12. Certain delegated functions; functions of certain agencies.

No function of the District of Columbia Council (established under Reorganization Plan No. 3 of 1967) or of the Commissioner of the District of Columbia which such District of Columbia Council or Commissioner has delegated to an officer, employee, or agency (including any body of or under such agency) of the District, nor any function now vested pursuant to § 501 of Reorganization Plan No. 3 of 1967 in the District Public Service Commission, Zoning Advisory Council, Board of Zoning Adjustment, Office of the Recorder of Deeds, or Armory Board, or in any officer, employee, or body of or under such agency, shall be considered as a function transferred to the Council pursuant to § 1-204.04(a). Each such function is hereby transferred to the officer, employee, or agency (including any body of or under such agency), to whom or to which it was delegated, or in whom or in which it has remained vested, until the Mayor or Council established under this chapter, or both, pursuant to the powers herein granted, shall revoke, modify, or transfer such delegation or vesting.


(Dec. 24, 1973, 87 Stat. 818, Pub. L. 93-198, title VII, § 712.)

Prior Codifications

1981 Ed., § 1-212.

1973 Ed., § 1-132.

Section References

This section is referenced in § 1-207.71.


§ 1–207.13. Transfer of personnel, property, and funds.

(a) In each case of the transfer, by any provision of this chapter, of functions to the Council, to the Mayor, or to any agency or officer, there are hereby authorized to be transferred (as of the time of such transfer of functions) to the Council, to the Mayor, to such agency, or to the agency of which such officer is the head, for use in the administration of the functions of the Council or such agency or officer, the personnel (except the Commissioner of the District of Columbia, the Assistant to the Commissioner, the Chairman of the District of Columbia Council, the Vice Chairman of the District of Columbia Council, the other members thereof, all of whose officers are abolished by this chapter), property, records, and unexpended balances of appropriations and other funds which relate primarily to the functions so transferred.

(b) If any question arises in connection with the carrying out of subsection (a) of this section, such questions shall be decided:

(1) In the case of functions transferred from a Federal officer or agency, by the Director of the Office of Management and Budget; and

(2) In the case of other functions (A) by the Council, or in such manner as the Council shall provide, if such functions are transferred to the Council, and (B) by the Mayor if such functions are transferred to him or to any other officer or agency.

(c) Any of the personnel authorized to be transferred to the Council, the Mayor, or any agency by this section which the Council or the head of such agency shall find to be in excess of the personnel necessary for the administration of its or his function shall, in accordance with law, be retransferred to other positions in the District or Federal Government or be separated from the service.

(d) No officer or employee shall, by reason of his transfer to the District government under this chapter or his separation from service under this chapter, be deprived of any civil service rights, benefits, and privileges held by him prior to such transfer or any right of appeal or review he may have by reason of his separation from service.


(Dec. 24, 1973, 87 Stat. 818, Pub. L. 93-198, title VII, § 713.)

Prior Codifications

1981 Ed., § 1-212.1.

1973 Ed., § 1-131 note.

Section References

This section is referenced in § 1-202.01, § 1-204.22, § 1-207.71, and § 1-601.01.


§ 1–207.14. Existing statutes, regulations, and other actions.

(a) Any statute, regulation, or other action in respect of (and any regulation or other action issued, made, taken, or granted by) any officer or agency from which any function is transferred by this chapter shall, except to the extent modified or made inapplicable by or under authority of law, continue in effect as if such transfer had not been made; but after such transfer, references in such statute, regulation, or other action to an officer or agency from which a transfer is made by this chapter shall be held and considered to refer to the officer or agency to which the transfer is made.

(b) As used in subsection (a) of this section, the term “other action” includes, without limitation, any rule, order, contract, compact, policy, determination, directive, grant, authorization, permit, requirement, or designation.

(c) Unless otherwise specifically provided in this chapter, nothing contained in this chapter shall be construed as affecting the applicability to the District government of personnel legislation relating to the District government until such time as the Council may otherwise elect to provide equal or equivalent coverage.


(Dec. 24, 1973, 87 Stat. 819, Pub. L. 93-198, title VII, § 714.)

Prior Codifications

1981 Ed., § 1-213.

1973 Ed., § 1-133.

Section References

This section is referenced in § 1-204.22, § 1-207.71, and § 1-601.01.


§ 1–207.15. Pending actions and proceedings.

(a) No suit, action, or other judicial proceeding lawfully commenced by or against any officer or agency in his or its official capacity or in relation to the exercise of his or its official functions, shall abate by reason of the taking effect of any provision of this chapter; but the court, unless it determines that the survival of such suit, action, or other proceedings is not necessary for purposes of settlement of the questions involved, shall allow the same to be maintained, with such substitutions as to parties as are appropriate.

(b) No administrative action or proceeding lawfully commenced shall abate solely by reason of the taking effect of any provision of this chapter, but such action or proceeding shall be continued with such substitutions as to parties and officers or agencies as are appropriate.


(Dec. 24, 1973, 87 Stat. 779, Pub. L. 93-198, title VII, § 715.)

Section References

This section is referenced in § 1-207.71.


§ 1–207.16. Vacancies resulting from abolishment of offices of Commissioner and Assistant to the Commissioner.

Until the 1st day of July next after the first Mayor takes office under this chapter no vacancy occurring in any District agency by reason of § 1-207.11, abolishing the offices of Commissioner of the District of Columbia and Assistant to the Commissioner, shall affect the power of the remaining members of such agency to exercise its functions; but such agency may take action only if a majority of the members holding office vote in favor of it.


(Dec. 24, 1973, 87 Stat. 779, Pub. L. 93-198, title VII, § 716.)

Section References

This section is referenced in § 1-207.71.


§ 1–207.17. Status of the District.

(a) All of the territory constituting the permanent seat of the Government of the United States shall continue to be designated as the District of Columbia. The District of Columbia shall remain and continue a body corporate, as provided in § 1-102. Said Corporation shall continue to be charged with all the duties, obligations, responsibilities, and liabilities, and to be vested with all of the powers, rights, privileges, immunities, and assets, respectively, imposed upon and vested in said Corporation or the Commissioner.

(b) No law or regulation which is in force on January 2, 1975 shall be deemed amended or repealed by this chapter except to the extent specifically provided herein or to the extent that such law or regulation is inconsistent with this chapter, but any such law or regulation may be amended or repealed by act or resolution as authorized in this chapter, or by Act of Congress, except that, notwithstanding the provisions of § 1-207.52, such authority to repeal shall not be construed as authorizing the Council to repeal or otherwise alter, by amendment or otherwise, any provision of subchapter III of chapter 73 of title 5, United States Code in whole or in part.

(c) Nothing contained in this section shall affect the boundary line between the District of Columbia and the Commonwealth of Virginia as the same was established or may be subsequently established under the provisions of title I of the Act of October 31, 1945 (59 Stat. 552).


(Dec. 24, 1973, 87 Stat. 779, Pub. L. 93-198, title VII, § 717.)

Prior Codifications

1981 Ed., §§ 1-101(b), 1-102(b).

Section References

This section is referenced in § 1-207.71.


§ 1–207.18. Continuation of District of Columbia court system.

(a) The District of Columbia Court of Appeals, the Superior Court of the District of Columbia, and the District of Columbia Commission on Judicial Disabilities and Tenure shall continue as provided under the District of Columbia Court Reorganization Act of 1970 subject to the provisions of part C of subchapter IV of this chapter and § 1-206.02(a)(4).

(b) The term and qualifications of any judge of any District of Columbia court, and the term and qualifications of any member of the District of Columbia Commission on Judicial Disabilities and Tenure appointed prior to the effective date of subchapter IV of this chapter shall not be affected by the provisions of part C of subchapter IV of this chapter. No provision of this chapter shall be construed to extend the term of any such judge or member of such Commission. Judges of the District of Columbia courts and members of the District of Columbia Commission on Judicial Disabilities and Tenure appointed after the effective date of subchapter IV of this chapter shall be appointed according to part C of such subchapter IV.

(c) Nothing in this chapter shall be construed to amend, repeal, or diminish the duties, rights, privileges, or benefits accruing under §§ 11-1561 through 11-1571 and §§ 11-703 and 11-904, dealing with the retirement and compensation of the judges of the District of Columbia courts.


(Dec. 24, 1973, 87 Stat. 820, Pub. L. 93-198, title VII, § 718.)

Prior Codifications

1981 Ed., Title 11, appx., § 718.

1973 Ed., Title 11, appx., § 718.

Section References

This section is referenced in § 1-207.71.


§ 1–207.19. Continuation of the Board of Education.

The term of any member elected to the District of Columbia Board of Education, and the powers and duties of the Board of Education shall not be affected by the provisions of § 1-204.95 [repealed]. No provision of such section shall be construed to extend the term of any such member or to terminate the term of any such member.


(Dec. 24, 1973, 87 Stat. 779, Pub. L. 93-198, title VII, § 719.)

Section References

This section is referenced in § 1-207.71.


Part C. Temporary Provisions.

§ 1–207.21. Powers of the President during transitional period.

The President of the United States is hereby authorized and requested to take such action during the period following the date of the enactment of this chapter and ending on the date of the first meeting of the Council, by Executive Order or otherwise, with respect to the administration of the functions of the District government, as he deems necessary to enable the Board of Elections properly to perform its function under this chapter.


(Dec. 24, 1973, 87 Stat. 779, Pub. L. 93-198, title VII, § 721.)

Section References

This section is referenced in § 1-207.71.


§ 1–207.22. Reimbursable appropriations for the District.

(a) The Secretary of the Treasury is authorized to advance to the District of Columbia the sum of $750,000, out of any money in the Treasury not otherwise appropriated, for use (1) in the paying the expenses of the Board of Education (including compensation of the members thereof), and (2) in otherwise carrying into effect the provisions of this chapter.

(b) The full amount expended out of the money advanced pursuant to this section shall be reimbursed to the United States, without interest, during the second fiscal year which begins after January 2, 1975, from the general fund of the District.


(Dec. 24, 1973, 87 Stat. 779, Pub. L. 93-198, title VII, § 722.)

Section References

This section is referenced in § 1-207.71.


§ 1–207.23. Interim loan authority.

(a) The Mayor is authorized to accept loans for the District from the Treasury of the United States, and the Secretary is authorized to lend to the Mayor, such sums as the Mayor may determine are required to complete capital projects for which construction and construction services funds have been authorized or appropriated, as the case may be, by Congress prior to October 1, 1983, or the date of the enactment of the appropriation act for the fiscal year ending September 30, 1984, for the government of the District of Columbia, whichever is later. In addition, such loans may include funds to pay the District’s share of the cost of the adopted regional system specified in the National Capital Transportation Act of 1969.

(b) Loans advanced pursuant to this section during any six-month period shall be at a rate of interest determined by the Secretary as of the beginning of such period, which, in his judgment, would reflect the cost of money to the Treasury for borrowing at a maturity approximately equal to the period of time the loan is outstanding.

(c) Subject to the limitations contained in § 1-206.03(b), there is authorized to be appropriated to make loans under this section the sum of $155,000,000 for the fiscal year ending September 30, 1982, the sum of $155,000,000 for the fiscal year ending on September 30, 1983, and the sum of $155,000,000 for the fiscal year ending on September 30, 1984.

(d) The authority contained in this section to make loans shall be effective for any fiscal year only to such extent or in such amounts as are provided in appropriations acts.


(Dec. 24, 1973, 87 Stat. 779, Pub. L. 93-198, title VII, § 723; Amended, Oct. 13, 1977, 91 Stat. 1155, Pub. L. 95-131, § 1.)

Section References

This section is referenced in § 1-207.71.


§ 1–207.24. Political participation in certain elections first held under this chapter.

(a) In order to provide continuity in the government of the District of Columbia during the transition from the appointed government to the elected government provided for under this chapter, no person employed by the United States or by the government of the District of Columbia shall be prohibited by reason of such employment:

(1) From being a candidate in the first primary election and general election held under this chapter for the office of Mayor or Chairman or member of the Council of the District of Columbia provided for under subchapter IV; and

(2) If such a candidate, from taking an active part in political management or political campaigns in any election referred to in paragraph (1) of this subsection.

(b) Such candidacy shall be deemed to have commenced on the day such person obtains from the Board of Elections an official nominating petition with his name stamped thereon, and shall terminate:

(1) In the case of such candidate who ceases to be eligible as a nominee for the office with respect to which such petition was obtained by reason of his inability or failure to qualify as a bona fide nominee prior to the expiration of the final date for filing such petition under the election laws of the District of Columbia, on the day following such expiration date;

(2) In the case of such candidate who is elected to any such office with respect to which such nominating petition was obtained, on the day such candidate takes office following the election held with respect thereto;

(3) In the case of such candidate who is defeated in a primary election held to nominate candidates for the office with respect to which such nominating petition was obtained, on the expiration of the thirty-day period following the date of such primary election; and

(4) In the case of such candidate who fails to be elected in a general election to any such office with respect to which such nominating petition was obtained, on the expiration of the thirty-day period following the date of such election.

(c) The provisions of this section shall terminate as of January 2, 1975.


(Dec. 24, 1973, 87 Stat. 779, Pub. L. 93-198, title VII, § 724; as added April 17, 1974, 88 Stat. 85, Pub. L. 93-268, § 3.)


Part D. Miscellaneous.

§ 1–207.31. Services between United States government and District government. [Repealed]

Repealed.


(Dec. 24, 1973, 87 Stat. 822, Pub. L. 93-198, title VII, § 731; Sept. 13, 1982, 96 Stat. 1068, Pub. L. 97-258, § 5(b).)

Prior Codifications

1981 Ed., §§ 1-1131, 1-1131.1.

1973 Ed., § 1-826.

Section References

This section is referenced in § 1-204.22, § 1-207.34, § 1-207.39, and § 1-628.01.

Cross References

District of Columbia administration, personnel management, reciprocal agreements for use of equipment, materials, facilities, and services, see § 1-628.01.

Editor's Notes

This section is set out above to correct an error appearing in the bound volume.


§ 1–207.32. Personal interest in contracts or transactions.

Any officer or employee of the District who is convicted of a violation of § 208 of Title 18, United States Code , shall forfeit his office or position.


(Dec. 24, 1973, 87 Stat. 822, Pub. L. 93-198, title VII, § 732.)

Prior Codifications

1981 Ed., § 1-1133.

1973 Ed., § 1-828.


§ 1–207.33. Compensation from more than one source.

(a) Except as provided in this chapter, no person shall be ineligible to serve or to receive compensation as a member of the Board of Elections because he occupies another office or position or because he receives compensation (including retirement compensation) from another source.

(b) The right to another office or position or to compensation from another source otherwise secured to such a person under the laws of the United States shall not be abridged by the fact of his service or receipt of compensation as a member of such Board, if such service does not interfere with the discharge of his duties in such other office or position.


(Dec. 24, 1973, 87 Stat. 822, Pub. L. 93-198, title VII, § 733; Aug. 14, 1974, 88 Stat. 458, Pub. L. 93-376, title III, § 306(a).)

Prior Codifications

1981 Ed., § 1-1305.

1973 Ed., § 1-1104a.

Section References

This section is referenced in § 1-636.02.


§ 1–207.34. Assistance of the United States Civil Service Commission in development of District merit system.

The United States Civil Service Commission is hereby authorized to advise and assist the Mayor and the Council in the further development of the merit system or systems required by § 1-204.22(3) and the said Commission is authorized to enter into agreements with the District government to make available its registers of eligibles as a recruiting source to fill District positions as needed. The costs of any specific services furnished by the Civil Service Commission may be compensated for under the provisions of § 1-207.31.


(Dec. 24, 1973, 87 Stat. 823, Pub. L. 93-198, title VII, § 734.)

Prior Codifications

1981 Ed., § 1-515.

1973 Ed., § 1-322.

References in Text

“§ 1-1131 (§ 1-207.31, 2001 Ed.)”, referred to at the end of the last sentence of this section, was repealed by § 5(b) of the Act of September 13, 1982, Pub. L. 97-258.

Present provisions similar to repealed § 1-207.31 are codified at 31 U.S.C.§ 1537.

Editor's Notes

Definitions applicable: The definitions contained in § 1-201.03 apply to this section.


§ 1–207.35. Revenue sharing restrictions amendment [Omitted]


Editor's Notes

The text of § 1-207.35 is omitted because the corresponding text of section 735 of Public Law 93-198 amended another law.


§ 1–207.36. Independent audit. [Repealed]

Repealed.


(Dec. 24, 1973, 87 Stat. 822, Pub. L. 93-198, title VII, § 736; Sept. 13, 1982, 96 Stat. 1068, Pub. L. 97-258, § 5(b).)

Prior Codifications

1981 Ed., § 47-118.1.

Editor's Notes

This section is set out above to correct an error appearing in the bound volume.


§ 1–207.37. Adjustments.

(a) Subject to 31 U.S.C. § 1537, the Mayor, with the approval of the Council, and the Director of the Office of Management and Budget, is authorized and empowered to enter into an agreement or agreements concerning the manner and method by which amounts owed by the District to the United States, or by the United States to the District, shall be ascertained and paid.

(b) The United States shall reimburse the District for necessary expenses incurred by the District in connection with assemblages, marches, and other demonstrations in the District which relate primarily to the federal government. The manner and method of ascertaining and paying the amounts needed to so reimburse the District shall be determined by agreement entered into in accordance with subsection (a) of this section.

(c) Each officer and employee of the District required to do so by the Council shall provide a bond with such surety and in such amount as the Council may require. The premiums for all such bonds shall be paid out of appropriations for the District.


(Dec. 24, 1973, 87 Stat. 824, Pub. L. 93-198, title VII, § 737; Apr. 12, 2000, D.C. Law 13-91, § 116, 47 DCR 520.)

Prior Codifications

1981 Ed., §§ 1-302, 1-1132.

1973 Ed., §§ 1-213c, 1-827.

Effect of Amendments

D.C. Law 13-91, in subsec. (a), substituted “ 31 U.S.C. § 1537” for “§ 1-1131.1”.


§ 1–207.38. Advisory neighborhood commissions.

(a) The Council shall by act divide the District into neighborhood commission areas and, upon receiving a petition signed by at least 5 per centum of the registered qualified electors of a Neighborhood Commission area, shall establish for that neighborhood an elected Advisory Neighborhood Commission. In designating such neighborhoods, the Council shall consider natural geographic boundaries, election districts, and divisions of the District made for the purpose of administration of services.

(b) Elections for members of each Advisory Neighborhood Commission shall be nonpartisan, and shall be administered by the Board of Elections and Ethics. Advisory Neighborhood Commission members shall be elected from single-member districts within each neighborhood commission area by the registered qualified electors of such district.

(c) Each Advisory Neighborhood Commission:

(1) May advise the District government on matters of public policy including decisions regarding planning, streets, recreation, social services programs, health, safety, and sanitation in that neighborhood commission area;

(2) May employ staff and expend, for public purposes within its neighborhood commission area, public funds and other funds donated to it; and

(3) Shall have such other powers and duties as may be provided by act of the Council.

(d) In the manner provided by act of the Council, in addition to any other notice required by law, timely notice shall be given to each Advisory Neighborhood Commission of requested or proposed zoning changes, variances, public improvements, licenses, or permits of significance to neighborhood planning and development within its neighborhood commission area for its review, comment, and recommendation.

(e) In order to pay the expenses of the Advisory Neighborhood Commissions, enable them to employ such staff as may be necessary, and to conduct programs for the welfare of the people in a neighborhood commission area, the District government shall allot funds to the Advisory Neighborhood Commissions out of the general revenues of the District. The funding apportioned to each Advisory Neighborhood Commission shall bear the same ratio to the full sum allotted as the population of the neighborhood bears to the population of the District. The Council may authorize additional methods of financing Advisory Neighborhood Commissions.

(f) The Council shall by act make provisions for the handling of funds and accounts by each Advisory Neighborhood Commission and shall establish guidelines with respect to the employment of persons by each Advisory Neighborhood Commission, which shall include fixing the status of such employees with respect to the District government, but all such provisions and guidelines shall be uniform for all Advisory Neighborhood Commissions and shall provide that decisions to employ and discharge employees shall be made by the Advisory Neighborhood Commission. These provisions shall conform to the extent practicable to the regular budgetary, expenditure and auditing procedures and the personnel merit system of the District.

(g) The Council shall have authority, in accordance with the provisions of this chapter, to legislate with respect to the Advisory Neighborhood Commissions established in this section.

(h) The foregoing provisions of this section shall take effect only if agreed to in accordance with the provisions of § 1-207.03(a).


(Dec. 24, 1973, 87 Stat. 824, Pub. L. 93-198, title VII, § 738; Aug. 14, 1974, 88 Stat. 458, Pub. L. 93-376, title III, § 306(a); Oct. 30, 1975, D.C. Law 1-27, § 2, 22 DCR 2470; Sept. 27, 1983, D.C. Law 5-26, § 2, 30 DCR 3654; Sept. 26, 1984, D.C. Law 5-116, § 4, 31 DCR 4018; Sept. 26, 1995, D.C. Law 11-52, § 814, 42 DCR 3684; Apr. 20, 1999, D.C. Law 12-264, § 3, 46 DCR 2118.)

Prior Codifications

1981 Ed., § 1-251.

1973 Ed., § 1-171.

Section References

This section is referenced in § 1-309.01, § 1-309.13, and § 25-101.

Cross References

Lobby registration, exemptions for public officials, see § 1-1105.03.

Emergency Legislation

For temporary (90 day) addition of section, see § 2 of One City Service and Response Training Emergency Act of 2011 (D.C. Act 19-16, February 15, 2011, 58 DCR 1534).

Temporary Legislation

For temporary (225 day) amendment of section, see § 801 of Multiyear Budget Spending Reduction and Support Temporary Act of 1995 (D.C. Law 10-253, March 23, 1995, law notification 42 DCR 1652).

Editor's Notes

References in other laws to Advisory Neighborhood Councils: Section 4 of the Act of October 30, 1975, D.C. Law 1-27, provided: “Any reference in any law of or relating solely to the District of Columbia, or in any rule, regulation, paper, report, or other document of the District of Columbia government (including any agency thereof) to the Advisory Neighborhood Councils shall be deemed to be, after the effective date of this act, a reference to the Advisory Neighborhood Commissions.”


§ 1–207.39. National Capital Service Area.

(a) There is established within the District of Columbia the National Capital Service Area which shall include, subject to the following provisions of this section, the principal federal monuments, the White House, the Capitol Building, the United States Supreme Court Building, and the federal executive, legislative, and judicial office buildings located adjacent to the Mall and the Capitol Building, and is more particularly described in subsection (e) of this section.

(b) There is established in the Executive Office of the President the National Capital Service Director who shall be appointed by the President. The President, through the National Capital Service Director, shall assure that there is provided, utilizing District of Columbia governmental services to the extent practicable, within the area specified in subsection (a) of this section and particularly described in subsection (e) of this section, adequate fire protection and sanitation services. Except with respect to that portion of the National Capital Service Area comprising the United States Capitol Buildings and Grounds as defined in §§ 10-503.11 and 10-503.26, the United States Supreme Court Building and Grounds as defined in § 11 of the Act of August 18, 1949, as amended (40 U.S.C. § 13p), and the Library of Congress Buildings and Grounds as defined in § 11 of the Act of August 4, 1950, as amended (2 U.S.C. § 167j), the National Capital Service Director shall assure that there is provided within the remainder of such area specified in subsection (a) and subsection (e), adequate police protection and maintenance of streets and highways.

(c) The National Capital Service Director shall be entitled to receive compensation at the maximum rate as may be established from time to time for level IV of the Executive Schedule of § 5314 of Title 5 of the United States Code. The Director may appoint, subject to the provisions of Title 5 of the United States Code governing appointments in the competitive service, and fix the pay of, in accordance with the provisions of Chapter 51 and subchapter III of Chapter 53 of such title relating to classification and General Schedule pay rates, such personnel as may be necessary.

(d) Omitted.

(e)(1) Within 1 year after January 2, 1975, the President is authorized and directed to submit to the Congress a report on the feasibility and advisability of combining the Executive Protective Service and the United States Park Police within the National Capital Service Area, and placing them under the National Capital Service Director.

(2) Such report shall include such recommendations, including recommendations for legislative and executive action, as the President deems necessary in carrying out the provisions of paragraph (1) of this subsection.

(f)(1)(A) The National Capital Service Area referred to in subsection (a) of this section is more particularly described as follows: Beginning at that point on the present Virginia-District of Columbia boundary due west of the northernmost point of Theodore Roosevelt Island and running due east to the eastern shore of the Potomac River; thence generally south along the shore at the mean high water mark to the northwest corner of the Kennedy Center; thence east along the north side of the Kennedy Center to a point where it reaches the E Street Expressway; thence east on the expressway to E Street Northwest and thence east on E Street Northwest to 18th Street Northwest; thence south on 18th Street Northwest to Constitution Avenue Northwest; thence east on Constitution Avenue to 17th Street Northwest; thence north on 17th Street Northwest to Pennsylvania Avenue Northwest; thence east on Pennsylvania Avenue to Jackson Place Northwest; thence north on Jackson Place to H Street Northwest; thence east on H Street Northwest to Madison Place Northwest; thence south on Madison Place Northwest to Pennsylvania Avenue Northwest; thence east on Pennsylvania Avenue Northwest to 15th Street Northwest; thence south on 15th Street Northwest to Pennsylvania Avenue Northwest; thence southeast on Pennsylvania Avenue Northwest to John Marshall Place Northwest; thence north on John Marshall Place Northwest to C Street Northwest; thence east on C Street Northwest to 3rd Street Northwest; thence north on 3rd Street Northwest to D Street Northwest; thence east on D Street Northwest to 2nd Street Northwest; thence south on 2nd Street Northwest to the intersection of Constitution Avenue Northwest and Louisiana Avenue Northwest; thence northeast on Louisiana Avenue Northwest to North Capitol Street; thence north on North Capitol Street to Massachusetts Avenue Northwest; thence southeast on Massachusetts Avenue Northwest so as to encompass Union Square; thence following Union Square to F Street Northeast; thence east on F Street Northeast to 2nd Street Northeast; thence south on 2nd Street Northeast to D Street Northeast; thence west on D Street Northeast to 1st Street Northeast; thence south on 1st Street Northeast to Maryland Avenue Northeast; thence generally north and east on Maryland Avenue to 2nd Street Northeast; thence south on 2nd Street Northeast to C Street Southeast; thence west on C Street Southeast to New Jersey Avenue Southeast; thence south on New Jersey Avenue Southeast to D Street Southeast; thence west on D Street Southeast to Canal Street Parkway; thence southeast on Canal Street Parkway to E Street Southeast; thence west on E Street Southeast to the intersection of Canal Street Southwest and South Capitol Street; thence northwest on Canal Street Southwest to 2nd Street Southwest; thence south on 2nd Street Southwest to Virginia Avenue Southwest; thence generally west on Virginia Avenue to 3rd Street Southwest; thence north on 3rd Street Southwest to C Street Southwest; thence west on C Street Southwest to 6th Street Southwest; thence north on 6th Street Southwest to Independence Avenue; thence west on Independence Avenue to 12th Street Southwest; thence south on 12th Street Southwest to D Street Southwest; thence west on D Street Southwest to 14th Street Southwest; thence south on 14th Street Southwest to the middle of the Washington Channel; thence generally south and east along the mid-channel of the Washington Channel to a point due west of the northern boundary line of Fort Lesley McNair; thence due east to the side of the Washington Channel; thence following generally south and east along the side of the Washington Channel at the mean high water mark, to the point of confluence with the Anacostia River, and along the northern shore at the mean high water mark to the northern most point of the 11th Street Bridge; thence generally south and east along the northern side of the 11th Street Bridge to the eastern shore of the Anacostia River; thence generally south and west along such shore at the mean high water mark to the point of confluence of the Anacostia and Potomac Rivers; thence generally south along the eastern shore at the mean high water mark of the Potomac River to the point where it meets the present southeastern boundary line of the District of Columbia; thence south and west along such southeastern boundary line to the point where it meets the present Virginia-District of Columbia boundary; thence generally north and west up the Potomac River along the Virginia-District of Columbia boundary to the point of beginning.

(B) Where the area in subparagraph (A) of this paragraph is bounded by any street, such street, and any sidewalk thereof, shall be included within such area.

(2) Any federal real property affronting or abutting, as of December 24, 1973, the area described in paragraph (1) of this subsection shall be deemed to be within such area.

(3) For the purposes of paragraph (2) of this subsection, federal real property affronting or abutting such area described in paragraph (1) of this subsection shall:

(A) Be deemed to include, but not limited to, Fort Lesley McNair, the Washington Navy Yard, the Anacostia Naval Annex, the United States Naval Station, Bolling Air Force Base, and the Naval Research Laboratory; and

(B) Not be construed to include any area situated outside of the District of Columbia boundary as it existed immediately prior to December 24, 1973, nor be construed to include any portion of the Anacostia Park situated east of the northern side of the 11th Street Bridge, or any portion of the Rock Creek Park.

(g)(1) Subject to the provisions of paragraph (2) of this subsection, the President is authorized and directed to conduct a survey of the area described in this section in order to establish the proper metes and bounds of such area, and to file, in such manner and at such place as he may designate, a map and a legal description of such area, and such description and map shall have the same force and effect as if included in this chapter, except that corrections of clerical, typographical and other errors in any such legal descriptions and map may be made. In conducting such survey, the President shall make such adjustments as may be necessary in order to exclude from the National Capital Service Area any privately owned properties, and buildings and adjacent parking facilities owned by the District of Columbia government.

(2) In carrying out the provisions of paragraph (1) of this subsection, the President shall, to the extent that such survey, legal description, and map involves areas comprising the United States Capitol Buildings and Grounds as defined in §§ 10-503.11 and 10-503.26, and other buildings and grounds under the care of the Architect of the Capitol, consult with the Architect of the Capitol.

(h)(1) Except to the extent specifically provided by the provisions of this section, and amendments made by this section, nothing in this section shall be applicable to the United States Capitol Buildings and Grounds as defined in §§ 10-503.11 and 10-503.26, or to any other buildings and grounds under the care of the Architect of the Capitol, the United States Supreme Court Building and Grounds as defined in § 11 of the Act of August 18, 1949, as amended (40 U.S.C. § 13p), and the Library of Congress Buildings and Grounds as defined in § 11 of the Act of August 4, 1950, as amended (2 U.S.C. § 167j), and except to the extent herein specifically provided, including amendments made by this section, nothing in this section shall be construed to repeal, amend, alter, modify, or supersede any provision of §§ 10-503.11 to 10-503.19, 10-503.21 to 10-503.26, or any other of the general laws of the United States or any of the laws enacted by the Congress and applicable exclusively to the District of Columbia, or any rule or regulation promulgated pursuant thereto, in effect on the date immediately preceding January 2, 1975, pertaining to said buildings and grounds, or any existing authority, with respect to such buildings and grounds, vested by law, or otherwise, on such date immediately preceding January 2, 1975, in the Senate, the House of Representatives, the Congress, or any committee or commission or board thereof, the Architect of the Capitol, or any other officer of the legislative branch, the Chief Justice of the United States, the Marshal of the Supreme Court of the United States, or the Librarian of Congress.

(2) Notwithstanding the foregoing provision of this section, any of the services and facilities authorized by this chapter to be rendered or furnished (including maintenance of streets and highways, and services under § 1-207.31) shall, as far as practicable, be made available to the Senate, the House of Representatives, the Congress, or any committee or commission or board thereof, the Architect of the Capitol, or any other officer of the legislative branch vested by law or otherwise on such date immediately preceding January 2, 1975, with authority over such buildings and grounds, the Chief Justice of the United States, the Marshal of the Supreme Court of the United States, and the Librarian of Congress, upon their request, and, if payment would be required for the rendition or furnishing of a similar service or facility to any other federal agency, payment therefor shall be made by the recipient thereof, upon presentation of proper vouchers, in advance or by reimbursement (as may be agreed upon by the parties rendering and receiving such services).

(i) Except to the extent otherwise specifically provided in the provisions of this section, and amendments made by this section, all general laws of the United States and all laws enacted by the Congress and applicable exclusively to the District of Columbia, including regulations and rules promulgated pursuant thereto, in effect on the date immediately preceding January 2, 1975, and which, on such date immediately preceding January 2, 1975, are applicable to and within the areas included within the National Capital Service Area pursuant to this section shall, on and after January 2, 1975, continue to be applicable to and within such National Capital Service Area in the same manner and to the same extent as if this section had not been enacted, and shall remain so applicable until such time as they are repealed, amended, altered, modified, or superseded, and such laws, regulations and rules shall thereafter be applicable to and within such area in the manner and to the extent so provided by any such amendment, alteration, or modification.

(j) In no case shall any person be denied the right to vote or otherwise participate in any manner in any election in the District of Columbia solely because such person resides within the National Capital Service Area.


(Dec. 24, 1973, 81 Stat. 825, Pub. L. 93-198, title VII, § 739.)

Prior Codifications

1981 Ed., § 9-142.

1973 Ed., § 9-146.

References in Text

“Level IV of the Executive Schedule of § 5314 of Title 5, U.S.C.”, referred to in subsection (c), is Level III.

The “Executive Protective Service”, referred to in subsection (e) was changed to “United States Secret Service Uniformed Division” by the Act of November 15, 1977, 91 Stat. 1371, Pub. L. 95-179.

“ Section 1-1131 (§ 1-207.31, 2001 Ed.)”, referred to in subsection (h)(2), was repealed September 13, 1982, 96 Stat. 877, Pub. L. 97-258, § 5(b).

Editor's Notes

Delegation of functions: Executive Order No. 11815, October 23, 1974, 39 F.R. 37963, provided that the President of the United States, under § 739(g) of the District of Columbia Self-Government and Governmental Reorganization Act, could authorize and direct the Chairman of the National Capital Planning Commission to carry out all duties vested in the President by § 739(g) with respect to the establishment of the metes and bounds of the National Capital Service Area.

Definitions applicable: The definitions in § 1-201.03 apply to this section.


§ 1–207.40. Emergency control of police.

(a) Notwithstanding any other provision of law, whenever the President of the United States determines that special conditions of an emergency nature exist which require the use of the Metropolitan Police force for federal purposes, he may direct the Mayor to provide him, and the Mayor shall provide, such services of the Metropolitan Police force as the President may deem necessary and appropriate. In no case, however, shall such services made available pursuant to any such direction under this subsection extend for a period in excess of 48 hours unless the President has, prior to the expiration of such period, notified the Chairmen and ranking minority members of the Committees on the District of Columbia of the Senate and the House of Representatives, in writing, as to the reason for such direction and the period of time during which the need for such services is likely to continue.

(b) Subject to the provisions of subsection (c) of this section, such services made available in accordance with subsection (a) of this section shall terminate upon the end of such emergency, the expiration of a period of 30 days following the date on which such services are first made available, or the enactment into law of a joint resolution by the Congress providing for such termination, whichever first occurs.

(c) Notwithstanding the foregoing provisions of this section, in any case in which such services are made available in accordance with the provisions of subsection (a) of this section during any period of an adjournment of the Congress sine die, such services shall terminate upon the end of the emergency, the expiration of the 30-day period following the date on which Congress first convenes following such adjournment, or the enactment into law of a joint resolution by the Congress providing for such termination, whichever first occurs.

(d) Except to the extent provided for in subsection (c) of this section, no such services made available pursuant to the direction of the President pursuant to subsection (a) of this section shall extend for any period in excess of 30 days, unless the Senate and the House of Representatives enact into law a joint resolution authorizing such an extension.


(Dec. 24, 1973, 87 Stat. 830, Pub. L. 93-198, title VII, § 740; Oct. 12, 1984, 98 Stat. 1975, Pub. L. 98-473, § 131(i), (j).)

Prior Codifications

1981 Ed., § 4-102.

1973 Ed., § 4-101a.

Cross References

Demonstrations, marches, and assemblies relating to federal government, reimbursement of costs incurred by District, see § 1-207.37.

Metropolitan Police, assistance to Secret Service, see § 1-207.31.

Editor's Notes

Effective period of § 131 of Public Law 98-473: Section 131(n) of Public Law 98-473 provided that the provisions of this section shall be effective hereafter without limitation as to fiscal year, notwithstanding any other provision of the joint resolution. Public Law 98-473 was approved October 12, 1984.

Definitions applicable: The definitions in § 1-201.03 apply to this section.


§ 1–207.41. Holding Office in the District. [Repealed]

Repealed.


(Dec. 24, 1973, 87 Stat. 831, Pub. L. 93-198, title VII, § 741; Apr. 17, 1974, 88 Stat. 87, Pub. L. 93-268, § 4(c).)


§ 1–207.42. Open meetings.

(a) All meetings (including hearings) of any department, agency, board, or commission of the District government, including meetings of the Council of the District of Columbia, at which official action of any kind is taken shall be open to the public. No resolution, rule, act, regulation, or other official action shall be effective unless taken, made, or enacted at such meeting.

(b) A written transcript or a transcription shall be kept for all such meetings and shall be made available to the public during normal business hours of the District government. Copies of such written transcripts or copies of such transcriptions shall be available, upon request, to the public at reasonable cost.


(Dec. 24, 1973, 87 Stat. 831, Pub. L. 93-198, title VII, § 742.)

Prior Codifications

1981 Ed., § 1-1504.

1973 Ed., § 1-1503a.

Section References

This section is referenced in § 1-129.04, § 1-204.34, § 1-301.49, § 1-309.11, § 2-579, § 3-1102, § 3-1353, § 4-752.03, § 4-1371.08, § 7-2271.04, § 8-671.11, § 8-1774.04, § 10-1202.05, § 16-1056, § 16-4205, § 16-4207, § 34-2202.04, § 44-951.05, and § 47-391.08.

Cross References

Advisory neighborhood commission security fund, requests for reimbursement from fund, consideration in public meetings, see § 1-309.14.

Advisory Neighborhood Commissions, open meeting requirement, see § 1-309.11.

Commission on Judicial Disabilities and Tenure, authority to make rules and regulations for commission’s operations, application of certain selected provisions of Administrative Procedure Act, see § 11-1525.

Convention center authority board of directors, open meeting requirement, see § 10-1202.05.

Convention center board of directors, open meeting requirement, see § 10-1211.

Fees for reproduction of transcripts and other records, authority to establish and collect, see § 1-301.49.

Financial responsibility and management assistance authority, open meeting requirement, see § 47-391.08.

Fire protection study commission, open meeting requirement, see § 3-1102.

Health and hospitals public benefit corporation board of directors, open meeting requirement, see § 44-1102.04.

Merit system, office of employee appeals, vote or decision on appeal to be made in public hearing, see § 1-606.10.

Sports and entertainment commission, open meeting requirement, see § 3-1404.

Water and sewer authority board of directors, open meeting requirement, see § 34-2202.04.

Editor's Notes

Definitions applicable: The definitions contained in § 1-201.03 apply to this section.


§ 1–207.43. Termination of the District’s Authority to Borrow from the Treasury. [Omitted]


Editor's Notes

The text of § 1-207.43 is omitted because the corresponding text of section 743 of Public Law 93-198 amended another law.


Part E. Amendments to the District of Columbia Election Act Amendments.

§ 1–207.51. Amendments [Omitted]


Editor's Notes

The text of § 1-207.51 is omitted because the corresponding text of section 751 of Public Law 93-198 amended another law.


§ 1–207.52. District Council authority over elections.

Notwithstanding any other provision of this chapter or of any other law, the Council shall have authority to enact any act or resolution with respect to matters involving or relating to elections in the District.


(Dec. 24, 1973, 87 Stat. 836, Pub. L. 93-198, title VII, § 752.)

Prior Codifications

1981 Ed., § 1-1307.

1973 Ed., § 1-1105a.

Section References

This section is referenced in § 1-207.17, § 1-207.61, and § 1-636.02.

Cross References

District of Columbia administration, self-government, supersession of inconsistent laws, see § 1-207.61.

Editor's Notes

Definitions applicable: The definitions contained in § 1-201.03 apply to this section.


Part F. Rules of Construction.

§ 1–207.61. Construction.

(a) To the extent that any provisions of this chapter are inconsistent with the provisions of any other laws, the provisions of this chapter shall prevail and shall be deemed to supersede the provisions of such laws.

(b) No law or regulation which is in force on January 2, 1975, shall be deemed amended or repealed by this chapter except to the extent specifically provided herein or to the extent that such law or regulation is inconsistent with this chapter, but any such law or regulation may be amended or repealed by act or resolution as authorized in this chapter, or by Act of Congress, except that, notwithstanding the provisions of § 1-207.52, such authority to repeal shall not be construed as authorizing the Council to repeal or otherwise alter, by amendment or otherwise, any provision of subchapter III of Chapter 73 of Title 5, United States Code [5 U.S.C. § 7321 et seq.], in whole or in part.


(Dec. 24, 1973, 87 Stat. 820, Pub. L. 93-198, title VII, §§ 717(b), 761; Mar. 3, 1979, D.C. Law 2-139, § 3205(kk), 25 DCR 5740; Aug. 1, 1979, D.C. Law 3-14, § 2(d), 25 DCR 10565.)

Prior Codifications

1981 Ed., § 1-208.

1973 Ed., § 1-128.

Section References

This section is referenced in § 1-636.02.

Cross References

Merit system, effective date provisions, see § 1-636.02.


§ 1–207.62. Severability.

If any particular provision of this chapter, or the application thereof to any person of circumstance, is held invalid, the remainder of this chapter and the application of such provision to other persons or circumstances shall not be affected thereby.


(Dec. 24, 1973, 87 Stat. 779, Pub. L. 93-198, title VII, § 762; as added Oct. 12, 1984, 98 Stat. 1975, Pub. L. 98-473, § 131(l).)


Part G. Effective Dates.

§ 1–207.71. Effective dates.

(a) Subchapters I and V, and parts A and G, and § 1-207.22 of subchapter VII shall take effect on December 24, 1973.

(b) Sections 1-207.12, 1-207.13, 1-207.14, and 1-207.15 of subchapter VII, and section 1-204.01(b) of subchapter IV, and subchapter II shall take effect July 1, 1974, except that any provision thereof which in effect transfer authority to appoint any citizen member of the National Capital Planning Commission of the District of Columbia Redevelopment Land Agency shall take effect January 2, 1975.

(c) Subchapter III and IV, except § 1-204.01(b) of subchapter IV, shall take effect January 2, 1975, if subchapter IV is accepted by a majority of the registered qualified electors in the District of Columbia voting on the charter issue in the charter referendum.

(d) Subchapter VI and parts D and F and §§ 1-207.11, 1-207.16, 1-207.17, 1-207.18, 1-207.19, 1-207.21, and 1-207.23 of subchapter VII shall take effect only if and upon the date that subchapter IV becomes effective.

(e) Part E of subchapter VII shall take effect on the date on which subchapter IV is accepted by a majority of the registered qualified electors in the District of Columbia voting on the charter issue in the charter referendum.


(Dec. 24, 1973, 87 Stat. 836, Pub. L. 93-198, title VII, § 771.)