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The Nikola Tesla Interview Hidden For 116 Years

The Nikola Tesla Interview Hidden For 116 Years

Testal-king-peter-yugoslavi

In 1899 Tesla gave this interview which has rarely ever been published for over 100 years.
In it Tesla’s pulls no punches and reveals the great conspiracy of science that was well under way, the suppress the ether and the introduce a new fake science to conceal it as well as suppress the work of Tesla Himself.

Once, in 1899, Nikola Tesla had an interview with a certain journalist John Smith, when Tesla said “Everything is the Light“. In one of its rays is the fate of nations, each nation has its own ray in that great light source, which we see as the Sun. In this interview this greatest inventor and seer of modern time unravels a new vision of humanity which we, the light warriors of the first and the last hour have created a century later. A must read for every Ascended Master from the PAT.Part of this interview is dedicated to Tesla’s critics on Einstein’s theory of relativity that discards the ether as energy. I have proved in the new Theory of the Universal Law why Einstein’s theory of relativity is entirely wrong and why there is no vacuum (void), and that everything is energy. Thus I confirm Tesla’s ideas as expressed in this interview.George, May 7, 2015Journalist: Mr. Tesla, you have gained the glory of the man who got involved in the cosmic processes. Who are you, Mr. Tesla?

Tesla: It is a right question, Mr. Smith, and I will try to give you the right answer to it.

Journalist: Some say you’re from the country of Croatia, from the area called Lika, where together with the people are growing trees, rocks and starry sky. They say that your home village is named after the mountain flowers, and that the house, where you were born, is next to the forest and the church.

Tesla: Really, all it true. I’m proud of my Serbian origin and my Croatian homeland.

Journalist: Futurists say that the Twenty-and Twenty First Century was born in head of Nikola Tesla. They celebrate conversely magnetic field and sing hymns to Inductions engine. Their creator was called the hunter who caught the light in his net from the depths of the earth, and the warrior who captured fire from heaven. Father of alternating current will make the Physics and Chemistry dominate half the world. Industry will proclaim him as their supreme saint, a banker for the largest benefactors. In the laboratory of Nikola Tesla for the first time is broken atom.

There is created a weapon that causes the earthquake vibrations. There are discovered black cosmic rays. Five races will pray to him in the Temple of the future, because they had taught a great secret that Empedocles elements can be watered with the life forces from the ethers.

Tesla: Yes, these are some of my most important discoveries. I’m a defeated man. I have not accomplished the greatest thing I could.

Journalist: What is it, Mr. Tesla?

Tesla: I wanted to illuminate the whole earth. There is enough electricity to become a second sun. Light would appear around the equator, as a ring around Saturn.

Mankind is not ready for the great and good. In Colorado Springs I soaked the earth by electricity. Also we can water the other energies, such as positive mental energy. They are in the music of Bach or Mozart, or in the verses of great poets. In the Earth’s interior, there are energy of Joy, Peace and Love. Their expressions are a flower that grows from the Earth, the food we get out of her and everything that makes man’s homeland. I’ve spent years looking for the way that this energy could influence people. The beauty and the scent of roses can be used as a medicine and the sun rays as a food.

Life has an infinite number of forms, and the duty of scientists is to find them in every form of matter. Three things are essential in this. All that I do is a search for them. I know I will not find them, but I will not give up on them.

Journalist: What are these things?

Tesla: One issue is food. What a stellar or terrestrial energy to feed the hungry on Earth? With what wine watered all thirsty, so that they can cheer in their heart and understand that they are Gods?

Another thing is to destroy the power of evil and suffering in which man’s life passes! They sometimes occur as an epidemic in the depths of space. In this century, the disease had spread from Earth in the Universe.

The third thing is: Is there an excess Light in the Universe? I discovered a star that by all the astronomical and mathematical laws could disappear, and that nothing seems to be modified. This star is in this galaxy. Its light can occur in such density that fits into a sphere smaller than an apple, a heavier than our Solar System. Religions and philosophies teach that man can become the Christ, Buddha and Zoroaster. What I’m trying to prove is wilder, and almost unattainable. This is what to do in the Universe so every being is born as Christ, Buddha or Zoroaster.

I know that gravity is prone to everything you need to fly and my intention is not to make flying devices (aircraft or missiles), but teach individual to regain consciousness on his own wings … Further; I am trying to awake the energy contained in the air. There are the main sources of energy. What is considered as empty space is just a manifestation of matter that is not awakened.

No empty space on this planet, nor in the Universe.. In black holes, what astronomers talk about, are the most powerful sources of energy and life.

Journalist: On the window of your room in hotel “Valdorf-Astoria”, on the thirty-third floor, every morning, the birds arrive.

Tesla: A man must be sentimental towards the birds. This is because of their wings. Human had them once, the real and visible!

Journalist: You have not stopped flying since those distant days in Smiljan!

Tesla: I wanted to fly from the roof and I fell: Children’s calculations could be wrong. Remember, the youth wings have everything in life!

Journalist: Have you ever married? It is not known that you have affection for love or for a woman. Photos from the youth show you were handsome man.

Tesla: Yes. I did not. There are two views: a lot affection or not at all. The center serves to rejuvenate human race. Women for certain people nurtures and strengthen its vitality and spirit. Being single does the same to other people. I chose that second path.

Journalist: Your admirers are complaining that you attacking relativity. The strange is your assertion that the matter has no energy. Everything is imbued with energy, where it is?

Tesla: First was energy, then matter.

Journalist: Mr. Tesla, it’s like when you said that you were born by your father, and not on you.

Tesla: Exactly! What about the birth of the Universe? Matter is created from the original and eternal energy that we know as Light .It shone, and there have been appear star, the planets, man, and everything on the Earth and in the Universe. Matter is an expression of infinite forms of Light, because energy is older than it. There are four laws of Creation. The first is that the source of all the baffling, dark plot that the mind cannot conceive, or mathematics measure. In that plot fit the whole Universe.

The second law is spreading a darkness, which is the true nature of Light, from the inexplicable and it’s transformed into the Light. The third law is the necessity of the Light to become a matter of Light. The fourth law is: no beginning and no end; three previous laws always take place and the Creation is eternal.

Journalist: In the hostility to the theory of relativity you go so far, that you hold lectures against its Creator at your birthday parties..

Tesla: Remember, it is not curved space, but the human mind which cannot comprehend infinity and eternity! If relativity has been clearly understood by its Creator, he would gain immortality, even yet physically, if he is pleased.

I am part of a light, and it is the music. The Light fills my six senses: I see it, hear, feel, smell, touch and think. Thinking of it means my sixth sense. Particles of Light are written note. O bolt of lightning can be an entire sonata. A thousand balls of lightning is a concert.. For this concert

I have created a Ball Lightning, which can be heard on the icy peaks of the Himalayas. About Pythagoras and mathematics a scientist may not and must not infringe of these two. Numbers and equations are signs that mark the music of the spheres. If Einstein had heard these sounds,   he would not create theories of relativity. These sounds are the messages to the mind that life has meaning, that the Universe exists in perfect harmony, and its beauty is the cause and effect of Creation. This music is the eternal cycle of stellar heavens.

The smallest star has completed composition and also, part of the celestial symphony. The man’s heartbeats are part of the symphony on the Earth. Newton learned that the secret is in geometric arrangement and motion of celestial bodies. He recognized that the supreme law of harmony exists in the Universe. The curved space is chaos, chaos is not music. Einstein is the messenger of the time of sound and fury.

Journalist: Mr. Tesla, do you hear that music?

Tesla: I hear it all the time. My spiritual ear is as big as the sky we see above us. My natural ear I increased by the radar. According to the Theory of Relativity, two parallel lines will meet in infinity. By that Einstein’s curved will straighten. Once created, the sound lasts forever. For a man it can vanish, but continues to exist in the silence that is man’s greatest power.

No, I have nothing against Mr. Einstein. He is a kind person and has done many good things, some of which will become part of the music. I will write to him and try to explain that the ether exists, and that its particles are what keep the Universe in harmony, and the life in eternity.

Journalist: Tell me, please, under what conditions Angel adopt on the Earth?

Tesla: I have ten of them. Keep good records vigilant.

Journalist: I will document all your words, Dear Mr. Tesla.

Tesla: The first requirement is a high awareness of its mission and work to be done. It must, if only dimly, exist in the early days. Let us not be falsely modest; Oak knows that it is oak tree, a bush beside him being a bush. When I was twelve, I have been sure I will get to Niagara Falls. For most of my discoveries I knew in my childhood that I will achieve them, although not entirely apparent … The second condition to adapt is determination. All that I might, I finished.

Journalist: What is the third condition of adjustment, Mr. Tesla?

Tesla: Guidance for all the vital and spiritual energies in labor. Therefore purification of the many effects and needs that man has. I therefore have not lost anything, but just gained.

So I enjoyed every day and night. Write down: Nikola Tesla was a happy man… The fourth requirement is to adjust the physical assembly with a work.

Journalist: What do you mean, Mr. Tesla?

Tesla: First, the maintenance of the assembly. Man’s body is a perfect machine. I know my circuit and what’s good for him. Food what nearly all people eat, to me it is harmful and dangerous. Sometimes I visualize that chefs in the world are all in conspiracy against me … Touch my hand.

Journalist: It was cold.

Tesla: Yes. Bloodstream can be controlled, and many processes in and around us. Why are you frightened young man?

Journalist: It’s a story that Mark Twain wrote a mysterious stranger, that wonderful book of Satan, inspired by you.

Tesla: The word “Lucifer” is more charming. Mr. Twain likes to joke. As a child I was healed once by reading his books. When we met here and told him about, he was so touched that he cried. We became friends and he often came to my lab. Once he requested to show him a machine that by vibration provokes a feeling of bliss. It was one of those inventions for entertainment, what I sometimes like to do.

I warned Mr. Twain as not to remain under these vibrations. He did not listen and stayed longer. It ended by being, like a rocket, holding pants, darted into a certain room. It was a diabolically funny, but I kept the seriousness.

But, to adjust the physical circuit, in addition to food, dream is very important . From a long and exhausting work, which required superhuman effort, after one hour of sleep I’d be fully recovered. I gained the ability to manage sleep, to fell asleep and wake up in the time which I have designated. If I do something what I do not understand, I force myself to think about it in my dream, and thus find a solution.

Tesla: The fifth condition of adjustment is memory. Perhaps in the most people, the brain is keeper of knowledge about the world and the knowledge gained through the life. My brain is engaged in more important things than remembering, it is picking what is required at a given moment. This is all around us. It should only be consumed. Everything that we once saw, hear, read and learn, accompanies us in the form of light particles. To me, these particles are obedient and faithful.

Goethe’s Faust, my favorite book, I learned by heart in German as a student, and now it can all recite. I held my inventions for years ‘in my head “, and only then I realized them.

Journalist: You often mentioned the power of visualization.

Tesla: I might have to thank to visualization for all that I invented. The events of my life and my inventions are real in front of my eyes, visible as each occurrence or the item. In my youth I was frightened of not knowing what it is, but later, I learned to use this power as an exceptional talent and gift. I nurtured it, and jealously guarded. I also made corrections by visualization on most of my inventions, and finish them that way, by visualization I mentally solve complex mathematical equations. For that gift I have, I will receive rank High Lama in Tibet.

My eyesight and hearing are perfect and, dare to say, stronger than other people. I hear the thunder of a hundred fifty miles away, and I see colors in the sky that others cannot see. This enlargement of vision and hearing, I had as a child. Later I consciously developed.

Journalist: In youth you have several times been seriously ill. Is it a disease and a requirement to adapt?

Tesla: Yes. It is often the result of a lack of exhaustion or vital force, but often the purification of mind and body from the toxins that have accumulated. It is necessary that a man suffers from time to time. The source of most disease is in the spirit. Therefore the spirit and can cure most diseases. As a student I got sick of cholera which raged in the region of Lika. I was cured because my father finally allowed me to study technology, which was my life. Illusion for me was not a disease, but the mind’s ability to penetrate beyond the three dimensions of the earth.

I had them all my life, and I have received them as all other phenomena around us. Once, in childhood, I was walking along the river with Uncle and said: “From the water will appear the trout, I’ll throw a stone and it is cut.” That’s what happened. Frightened and amazed, his uncle cried: “Bade retro Satan’s!” He was an educated and he spoke in Latin …

I was in Paris when I saw my mother’s death. In the sky, full of light and music floated are wonderful creatures. One of them had a mother’s character, who was looking at me with infinite love. As the vision disappeared, I knew that my mother died.

Journalist: What is the seventh adjustment, Mr. Tesla?

Tesla: The knowledge of how the mental and vital energy transform into what we want, and achieve control over all feelings. Hindus call it Kundalini Yoga. This knowledge can be learned, for what they need many years or is acquired by birth. The most of them I acquired by birth. They are in the closest connection with a sexual energy that is after the most widespread in the Universe. The woman is the biggest thief of that energy, and thus the spiritual power.

I’ve always knew that and was alerted. Of myself I created what I wanted: a thoughtful and spiritual machine.

Journalist: A ninth adjustment, Mr. Tesla?

Tesla: Do everything that any day, any moment, if possible, not to forget who we are and why we are on Earth. Extraordinary people who are struggling with illness, privation, or the society which hurts them with its stupidity, misunderstanding, persecution and other problems which the country is full of a swamps with insects, leaves behind unclaimed until the end of the work. There are many fallen angels on Earth.

Journalist: What is the tenth adaptation?

Tesla: It is most important. Write that Mr. Tesla played. He played the whole of his life and enjoyed it.

Journalist: Mr. Tesla! Whether it relates to your findings and your work? Is this a game?

Tesla: Yes, dear boy. I have so loved to play with electricity! I always cringe when I hear about the one also the Greek who stole fire. A terrible story about studding, and eagles peck at his liver. Did Zeus did not have enough lightning and thunder, and was damaged for one fervor? There is some misunderstanding…

Lightning are the most beautiful toys that can be found. Do not forget that in your text stand out: Nikola Tesla was the first man who discovered lightning.

Journalist: Mr. Tesla, you’re just talking about angels and their adaptation to the Earth.

Tesla: Am I? This is the same. You could write this: he dared to take upon himself the prerogatives of Indri, Zeus and Peron. Imagine one of these gods in a black evening suit, with the bowler hat and wearing white cotton gloves prepares lightning, fires and earthquakes to the New York City elite!

Journalist: Readers love the humor of our paper. But you confuse me stating that your findings, which have immense benefits for the people, representing the game. Many will frown on it.

Tesla: Dear Mr. Smith, the trouble is that people are too serious. If they were not, they would be happier and much longer would have lived. Chinese proverb says that the seriousness reduces life. Visiting the inn Tai Pe guessed that he visits the Imperial Palace. But that the newspaper readers would not have frowned, let’s get back to things which they consider important.

Journalist: They would love to hear what your philosophy is.

Tesla: Life is a rhythm that must be comprehended. I feel the rhythm and direct on it and pamper in it. It was very grateful and gave me the knowledge I have. Everything that lives is related to a deep and wonderful relationship: man and the stars, amoebas’ and the sun, the heart and the circulation of an infinite number of worlds. These ties are unbreakable, but they can be tame and to propitiate and begin to create new and different relationships in the world, and that does not violate the old.

Knowledge comes from space; our vision is its most perfect set. We have two eyes: the earthly and spiritual. It is recommended that it become one eye. Universe is alive in all its manifestations, like a thinking animal.

Stone is a thinking and sentient being, such as plant, beast and a man. A star that shines asked to look at, and if we are not a sizeable self-absorbed we would understand its language and message. His breathing, his eyes and ears of the man must comply with breathing, eyes and ears of the Universe.

Journalist: As you say this, it seems to me like I hear Buddhist texts, words or Taoist Parazulzusa.

Tesla: That’s right! This means that there is general knowledge and truth that man has always possessed. In my feeling and experience, the Universe has only one substance and one supreme energy with an infinite number of manifestations of life. The best thing is that the discovery of a secret nature, reveals the other.

One cannot hide, there are around us, but we are blind and deaf to them. If we emotionally tie ourselves to them, they come to us themselves. There are a lot of apples, but one Newton. He asked for just one apple that fell in front of him.

Journalist: A question that might be set at the beginning of this conversation. What was Electricity for you, Dear Mr. Tesla?

Tesla: Everything is Electricity. First was the light, endless source from which points out material and distribute it in all forms that represent the Universe and the Earth with all its aspects of life. Black is the true face of Light, only we do not see this. It is remarkable grace to man and other creatures. One of its particles possesses light, thermal, nuclear, radiation, chemical, mechanical and an unidentified energy.

It has the power to run the Earth with its orbit. It is true Archimedean lever.

Journalist: Mr. Tesla, you’re too biased towards electricity.

Tesla: Electricity I am. Or, if you wish, I am the electricity in the human form. You are Electricity; too Mr. Smith, but you do not realize it.

Journalist: Is it thus your ability to allow fails of electricity of one million volts trough your body?

Tesla: Imagine a gardener who is attacked by herbs. This would indeed be crazy. Man’s body and brain are made from a large amount energy; in me there is the majority of electricity. The energy that is different in everyone is what makes the human “I” or “soul”. For other creatures to their essence, “soul” of the plant is the “soul” of minerals and animals.

Brain function and death is manifested in light. My eyes in youth were black, now blue, and as time goes on and strain the brain gets stronger, they are closer to white. White is the color of heaven. Through my window one morning, landed a white dove, which I fed. She wanted to bring me a word that she was dying. From her eyes the light jets were coming out. Never in the eyes of any creature had I not seen so much light, as in that pigeon.

Journalist: Personnel in your lab speak about flashes of light, flames and lightning that occur if you are angry or into kind of risk.

Tesla: It is the psychic discharge or a warning to be alert. The light was always on my side. Do you know how I discovered the rotating magnetic field and induction motor, which made me became famous when I was twenty-six? One summer evening in Budapest, I watched with my friend Sigetijem sunset.

Thousands of fire was turning around in thousands of flaming colors. I remembered Faust and recited his verses and then, as in a fog, I saw spinning magnetic field, and induction motor. I saw them in the sun!

Journalist: Hotel service telling that at the time of lightning you isolate into the room and talk to yourselves.

Tesla: I talk with lightning and thunder.

Journalist: With them? What language, Mr.Tesla?

Tesla: Mostly my native language. It has the words and sounds, especially in poetry, what is suitable for it.

Journalist: Readers of our magazine would be very grateful if you would interpret that.

Tesla: The sound does not exist only in the thunder and lightning, but, in transformation into the brightness and color. A color can be heard. Language is of the words, which means that it is from the sounds and colors. Every thunder and lightning are different and have their names. I call some of them by the names of those who were close in my life, or by those whom I admire.

In the sky brightness and thunder live my mother, sister, brother Daniel, a poet Jovan Jovanovic Zmaj and other persons of Serbian history. Names such AsIsaiah, Ezekiel, Leonardo, Beethoven, Goya, Faraday, Pushkin and all burning fires mark shoals and tangles of lightning and thunder, which does not stop all night bringing to the Earth precious rain and burning trees or villages.

There is lightning and thunder, and they are the brightest and most powerful, that will not vanish. They are coming back and I recognize them among the thousands.

Journalist: For you, science or poetry is the same?

Tesla: These are the two eyes of one person. William Blake was taught that the Universe was born from the imagination, that it maintains and it will exist as long as there is a last man on the Earth. With it was a wheel to which astronomers can collect the stars of all galaxies. It is the creative energy identical to the light energy.

Journalist: Imagination is more real to you than life itself?

Tesla: It gives birth to the life. I have fed by my taught; I’ve learned to control emotions, dreams and visions. I have always cherished, as I nurtured my enthusiasm. All my long life I spent in ecstasy. That was the source of my happiness. It helped me during all these years to bear with work, which was enough for the five lives. The best is to work at night, because the stellar light, and close bond.

Journalist: You said that I am, like every being, the Light. This flatter me, but I confess, I do not quite understand.

Tesla: Why would you need to understand, Mr. Smith? Suffice it to believe it. Everything is light. In one its ray is the fate of nations, each nation has its own ray in what great light source we see as the sun. And remember: no one who was there did not die. They transformed into the light, and as such exist still. The secret lies in the fact that the light particles restore their original state.

Journalist: This is the resurrection!

Tesla: I prefer to call it: return to a previous energy. Christ and several others knew the secret. I am searching how to preserve human energy. It is forms of Light, sometimes straight like heavenly light. I have not looked for it for my own sake, but for the good of all. I believe that my discoveries make people’s lives easier and more bearable, and channel them to spirituality and morality.

Journalist: Do you think that time can be abolished?

Tesla: Not quite, because the first feature of the energy is that it transforms. It is in perpetual transformation, as clouds of Taoists. But it is possible to leverage the fact that a man preserves consciousness after the earthly life. In every corner of the universe exist energy of life; one of them is immortality, whose origin is outside of man, waiting for him.

The universe is spiritual; we are only half that way. The Universe is more moral than us, because we do not know his nature and how to harmonize our lives with it. I am not scientist, science is perhaps the most convenient way to find the answer to the question that always haunt me, and which my days and nights turned into fire.

Journalist: What’s the matter?

Tesla: How are your eyes brightened!… What I wanted to know is: what happens to a falling star as the sun goes out? Stars fall like dust or seed in this or in other worlds, and the sun be scattered in our minds, in the lives of many beings, what will be reborn as a new light, or cosmic wind scattered in infinity.

I understand that this is necessary included in the structure of the Universe. The thing is, though, is that one of these stars and one of these suns, even the smallest, preserves.

Journalist: But, Mr. Tesla, you realize that this is necessary and is included in the constitution of the world!

Tesla: When a man becomes concuss; that his highest goal must be to run for a shooting star, and tries to capture it; shall understand that his life was given to him because of this and will be saved. Stars will eventually be capable to catch!

Journalist: And what will happen then?

Tesla: The creator will laugh and say: ”It fall only that you chase her and grab her.”

Journalist: Isn’t all of this contrary to the cosmic pain, which so often you mention in your writings? And what is it cosmic pain?

Tesla: No, because we are on Earth … It is an illness whose existence the vast majority of people are not aware of. Hence, many other illnesses, suffering, evil, misery, wars and everything else what makes human life an absurd and horrible condition. This disease cannot be completely cured, but awareness shall make it less complicated and hazardous. Whenever one of my close and dear people were hurt, I felt physical pain. This is because our bodies are made as of similar material, and our soul related with unbreakable strands. Incomprehensible sadness that overwhelmed us at times means that somewhere, on the other side on this planet, a child or generous man died.

The entire Universe is in certain periods sick of itself, and of us. Disappearance of a star and the appearance of comets affect us more than we can imagine. Relationships among the creatures on the Earth are even stronger, because of our feelings and thoughts the flower will scent even more beautiful or will fall in silence.

These truths we must learn in order to be healed. Remedy is in our hearts and evenly, in the heart of the animals that we call the Universe.

Read also Nicola Tesla’s second interview from 1915 here in original:

Sources:

www.teslauniverse.com

www.stankovuniversallaw.com

http://aetherforce.com

Source: https://hipmonkey.wordpress.com

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God Bless us all, Spirit ❤

The 10 Inventions of Nikola Tesla That Changed The World And Still Is Changing

Turn of the Century

The 10 Inventions of Nikola Tesla That Changed The World And Still Is Changing

Note: This article was originally published in 2010, but we repost annually with added info and links, as well as to present to new readers. Please feel free to add your own information, article links, or video links about Tesla and his work in the comment section.

I would also point you to Rand Clifford’s 3-part series: Nikola Tesla: Calling All Freethinkers! which has a wealth of different information than what you will read below.

Nikola Tesla is finally beginning to attract real attention and encourage serious debate more than 70 years after his death.

Was he for real? A crackpot? Part of an early experiment in corporate-government control?

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We know that he was undoubtedly persecuted by the energy power brokers of his day — namely Thomas Edison, whom we are taught in school to revere as a genius. He was also attacked by J.P. Morgan and other “captains of industry.” Upon Tesla’s death on January 7th, 1943, the U.S. government moved into his lab and apartment confiscating all of his scientific research, some of which has been released by the FBI through the Freedom of Information Act. (I’ve embedded the first 250 pages below and have added a link to the .pdf of the final pages, 290 in total).

Besides his persecution by corporate-government interests (which is practically a certification of authenticity), there is at least one solid indication of Nikola Tesla’s integrity — he tore up a contract with Westinghouse that was worth billions in order to save the company from paying him his huge royalty payments.

But, let’s take a look at what Nikola Tesla — a man who died broke and alone — has actually given to the world. For better or worse, with credit or without, he changed the face of the planet in ways that perhaps no man ever has.

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1. Alternating Current

This is where it all began, and what ultimately caused such a stir at the 1893 World’s Expo in Chicago. A war was leveled ever-after between the vision of Edison and the vision of Tesla for how electricity would be produced and distributed. The division can be summarized as one of cost and safety: The DC current that Edison (backed by General Electric) had been working on was costly over long distances, and produced dangerous sparking from the required converter (called a commutator). Regardless, Edison and his backers utilized the general “dangers” of electric current to instill fear in Tesla’s alternative: Alternating Current. As proof, Edison sometimes electrocuted animals at demonstrations. Consequently, Edison gave the world the electric chair, while simultaneously maligning Tesla’s attempt to offer safety at a lower cost. Tesla responded by demonstrating that AC was perfectly safe by famously shooting current through his own body to produce light. This Edison-Tesla (GE-Westinghouse) feud in 1893 was the culmination of over a decade of shady business deals, stolen ideas, and patent suppression that Edison and his moneyed interests wielded over Tesla’s inventions. Yet, despite it all, it is Tesla’s system that provides power generation and distribution to North America in our modern era.
2. Light

Of course he didn’t invent light itself, but he did invent how light can be harnessed and distributed. Tesla developed and used fluorescent bulbs in his lab some 40 years before industry “invented” them. At the World’s Fair, Tesla took glass tubes and bent them into famous scientists’ names, in effect creating the first neon signs. However, it is his Tesla Coil that might be the most impressive, and controversial. The Tesla Coil is certainly something that big industry would have liked to suppress: the concept that the Earth itself is a magnet that can generate electricity (electromagnetism) utilizing frequencies as a transmitter. All that is needed on the other end is the receiver — much like a radio.
3. X-rays

Electromagnetic and ionizing radiation was heavily researched in the late 1800s, but Tesla researched the entire gamut. Everything from a precursor to Kirlian photography, which has the ability to document life force, to what we now use in medical diagnostics, this was a transformative invention of which Tesla played a central role. X-rays, like so many of Tesla’s contributions, stemmed from his belief that everything we need to understand the universe is virtually around us at all times, but we need to use our minds to develop real-world devices to augment our innate perception of existence.
4. Radio

Guglielmo Marconi was initially credited, and most believe him to be the inventor of radio to this day. However, the Supreme Court overturned Marconi’s patent in 1943, when it was proven that Tesla invented the radio years previous to Marconi. Radio signals are just another frequency that needs a transmitter and receiver, which Tesla also demonstrated in 1893 during a presentation before The National Electric Light Association. In 1897 Tesla applied for two patents US 645576, and US 649621. In 1904, however, The U.S. Patent Office reversed its decision, awarding Marconi a patent for the invention of radio, possibly influenced by Marconi’s financial backers in the States, who included Thomas Edison and Andrew Carnegie. This also allowed the U.S. government (among others) to avoid having to pay the royalties that were being claimed by Tesla.
5. Remote Control

This invention was a natural outcropping of radio. Patent No. 613809 was the first remote controlled model boat, demonstrated in 1898. Utilizing several large batteries; radio signals controlled switches, which then energized the boat’s propeller, rudder, and scaled-down running lights. While this exact technology was not widely used for some time, we now can see the power that was appropriated by the military in its pursuit of remote controlled war. Radio controlled tanks were introduced by the Germans in WWII, and developments in this realm have since slid quickly away from the direction of human freedom.
6. Electric Motor

Tesla’s invention of the electric motor has finally been popularized by a car brandishing his name. While the technical specifications are beyond the scope of this summary, suffice to say that Tesla’s invention of a motor with rotating magnetic fields could have freed mankind much sooner from the stranglehold of Big Oil. However, his invention in 1930 succumbed to the economic crisis and the world war that followed. Nevertheless, this invention has fundamentally changed the landscape of what we now take for granted: industrial fans, household applicances, water pumps, machine tools, power tools, disk drives, electric wristwatches and compressors.
7. Robotics

Tesla’s overly enhanced scientific mind led him to the idea that all living beings are merely driven by external impulses. He stated: “I have by every thought and act of mine, demonstrated, and does so daily, to my absolute satisfaction that I am an automaton endowed with power of movement, which merely responds to external stimuli.” Thus, the concept of the robot was born. However, an element of the human remained present, as Tesla asserted that these human replicas should have limitations — namely growth and propagation. Nevertheless, Tesla unabashedly embraced all of what intelligence could produce. His visions for a future filled with intelligent cars, robotic human companions, and the use of sensors, and autonomous systems are detailed in a must-read entry in the Serbian Journal of Electrical Engineering, 2006 (PDF).
8. Laser

Tesla’s invention of the laser may be one of the best examples of the good and evil bound up together within the mind of man. Lasers have transformed surgical applications in an undeniably beneficial way, and they have given rise to much of our current digital media. However, with this leap in innovation we have also crossed into the land of science fiction. From Reagan’s “Star Wars” laser defense system to today’s Orwellian “non-lethal” weapons’ arsenal, which includes laser rifles and directed energy “death rays,” there is great potential for development in both directions.
9 and 10. Wireless Communications and Limitless Free Energy

These two are inextricably linked, as they were the last straw for the power elite — what good is energy if it can’t be metered and controlled? Free? Never. J.P. Morgan backed Tesla with $150,000 to build a tower that would use the natural frequencies of our universe to transmit data, including a wide range of information communicated through images, voice messages, and text. This represented the world’s first wireless communications, but it also meant that aside from the cost of the tower itself, the universe was filled with free energy that could be utilized to form a world wide web connecting all people in all places, as well as allow people to harness the free energy around them. Essentially, the 0’s and 1’s of the universe are embedded in the fabric of existence for each of us to access as needed. Nikola Tesla was dedicated to empowering the individual to receive and transmit this data virtually free of charge. But we know the ending to that story . . . until now?

Tesla had perhaps thousands of other ideas and inventions that remain unreleased. A look at his hundreds of patents shows a glimpse of the scope he intended to offer. If you feel that the additional technical and scientific research of Nikola Tesla should be revealed for public scrutiny and discussion, instead of suppressed by big industry and even our supposed institutions of higher education, join the world’s call to tell power brokers everywhere that we are ready to Occupy Energy and learn about what our universe really has to offer.

The release of Nikola Tesla’s technical and scientific research — specifically his research into harnessing electricity from the ionosphere at a facility called Wardenclyffe — is a necessary step toward true freedom of information. Please add your voice by sharing this information with as many people as possible.

For additional information about the demand for release, or to use as a template to form your own demand, please visit: http://releaseteslasresearch.weebly.com/

As they state:

Tell your friends, bring it up and discuss it at your next general assembly, do whatever you can to get the word out, organize locally to make a stand for the release of Nikola Tesla’s research…. America is tired of corrupt corporate greed, supported by The American government, holding us back in a stagnant society in the name of profit . . . The Energy Crisis is a lie.

As an aside: there are some who have pointed out that Tesla’s experimentation with the ionosphere very well could have caused the massive explosion over Tunguska, Siberia in 1908, which leveled an estimated 60 million trees over 2,150 square kilometers, and may even have led to the much maligned HAARP technology. I submit that we would do well to remember that technology is never the true enemy; it is the misuse of technology that can enslave rather than free mankind from its animal-level survivalism.

yellowstone idaho cern-SPACEWAR-LCH ISIS 9

TESLA pages 250-290

yellowstone idaho cern-SPACEWAR-LCH ISIS 8

Have you ever wondered what the world would be like if better and cleaner energy sources were widely available and affordable to all of earth’s people? If so, you’re not alone, as the quest for a better energy existence has been the focus of many ingenious inventors, scientists, experimenters and even corporate and government scientists for generations.

We know it’s possible, but for some reason, though, society just can’t seem to get beyond 23.6 or so miles per gallon on average, highway. The gap between what science is clearly capable of and what is available to the consumer mass market is extraordinary, and here really is no need to be using up the world’s fossil fuels and building nuclear plants as if there were no tomorrow, but we do.

The truth is there for those who have eyes to see. Tremendous market forces and capital involved in government and in the energy and automobile industries make it practically impossible for any promising energy device or technology patent to emerge as a viable and accessible alternative in the real marketplace, and not just appearing on YouTube or at trade shows as prototypes. Alternatives do exist, but why are they not more broadly available?

In addition to the more famous cases such as Wilhelm Reich, and other scientific geniuses like Nikola Tesla, Raymond Rife, or Linus Pauling, many lesser known inventors have patented or attempted to patent functional energy devices that just never seem to make it to the public.

How exactly are advanced energy technologies and energy devices actually suppressed? One could argue that the suppression of energy technologies is a necessary evil by government, as Gary Vesperman has here:

An understandable reason for suppressing certain types of energy inventions is that the knowledge behind them is also capable of producing tremendously destructive advanced electromagnetic weapons such as the “death ray” apparently invented by Nikola Tesla. Hence many such new energy technologies, particularly those using this kind of knowledge of advanced electromagnetic principles, are considered “dual use” technologies that are among the 4,000 un-numbered patent applications confiscated in a vault at the US Patent and Trademark Office because of their military potential and the need to keep that knowledge from America’s enemies. [Gary Vesperman]

Some cases, perhaps, may surely be considered national security, but in today’s age, the public is discouraged from even looking into simple alternatives, and even the electric car was originally killed.

Who knows precisely how many opportunities the human race has lost to see free energy?

The Orion Project, an organization dedicated to the transformation of our energy usage took a close look at why this is the case, and exactly how the government suppresses free energy devices. In their review of past and now obscure technologies, they’ve noted the key ways in which alternative energy technologies are suppressed. Take a look:

Our review of past and now-obscure technological breakthroughs shows that these inventions have been suppressed or seized by the following broad categories of actions:

1.5.1 Acquisition of the technology by ‘front’ companies whose intent has been to ‘shelve’ the invention and prevent the device from coming to market.

1.5.2 Denial of patents and intellectual property protection by systematic action by the US and other patent offices.

1.5.3 Seizure or suppression of the technology by the illegal application of section 181 of the US Patent law or other illegal applications of national security provisions that result in the technology being classified or deemed “of significance to the national security”. Note that these applications are illegal actions taken by rogue, unsupervised individuals and entities who are working in collusion with interests to suppress these technologies.

1.5.4 Abuses by other regulatory or licensing entities, including but not limited to rogue elements within the Department of Defense, CIA, NSA, Federal Trade Commission, Department of Energy and others.

1.5.5 Targeting the inventor or company with financial scams, illegal financial arrangements that lead to the demise of the company, and similar traps.

1.5.6 Systematic interception of funds and essential financial support needed to develop and commercialize such fundamental new energy sources. Summary of Breakthrough Energy Technologies, 10/19/09 p. 6
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1.5.7 A pattern of harassment, bomb threats, theft and other shadowy actions that frighten, intimidate and demoralize those inventing, holding or developing such technologies; significant bodily harm and murder have also apparently occurred.

1.5.8 Inducements through significant financial buyouts, offers of positions of power and prestige and other benefits to the owner of such technologies to secure their cooperation in suppressing such technologies.

1.5.9 Scientific establishment prejudice and rejection of the technology in light of unconventional electromagnetic effects thought to be not possible by current scientific conventional wisdom.

1.5.10 Corruption of scientific entities and leaders through clandestine liaisons with rogue classified or shadowy private projects that intend to suppress such devices.

1.5.11 Corruption of major media entities and key figures through clandestine liaisons with rogue classified or private shadowy projects that intend to suppress such devices. [Source]

As you can see, it’s full spectrum dominance when it comes to the suppression of energy technologies. What will it take to see a significant cultural shift toward sustainable energy technologies? One has to wonder if the suppression of such important things as free and overunity energy is even possible by humans. What do you think?

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ACT OF 1871

“We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.”
— Preamble of the original “organic” Constitution
“We hold these truths to be self-evident. That all men are created equal; that they are endowed by their Creator with certain unalienable rights; that among these are life, liberty, and the pursuit of happiness; that to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed; that whenever any form of government becomes destructive of these ends, it is the right of the people to alter or abolish it, and to institute new government, laying its foundation on such principles, and organizing its powers in such form, as to them shall seem most likely to effect their safety and happiness.”
— Excerpted from the Declaration of Independence of the original thirteen united states of America, July 4, 1776

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Fourth of July 2002 has come and gone, and Americans honored the holiday with a renewed patriotic fervor that reminded me of the Bicentennial celebrations of 1976. As is customary, traditional fireworks displays took center stage and scores of people turned out to witness the dazzling show in the summer sky. With mixed feelings, I sat with friends on a crowded Pennsylvania sidewalk beneath a glittering, mesmerizing explosion of color, pondering the keen sense of sadness and betrayal that overwhelmed my spirit. Looking around at the huge crowds gathered for the annual events, I thought silently, “We are not free.” In truth, we have not been a free people for a very long time.
We celebrate this day in honor of our “independence”. We call ourselves a free people in a land of liberty. Our anthems proudly sing the praises of this nation, and we raise our voices, wave our flags and join in song — but how many Americans realize they are not free? This is a myth perpetuated by the powers-that-be in order to avoid any major civil unrest, and to keep us all living under the thumb of a militaristic corporate Big Brother within the illusions that have been created for us. The truth of the matter is this: what freedom has not been stolen from us, we have surrendered willingly through our silence and ignorance. As Americans, most of us have no idea how our freedoms are maintained — or lost. Apparently, our ancestors didn’t have a good grasp of this either. It is sad, but it is also very true.
Don’t point to that beloved parchment, the Constitution, as a symbol of your enduring freedom. It is representative of a form of government which seemingly no longer exists in this country today. The Constitution has been thrown out the window, the Republic shoved aside and replaced with a democracy. The thing is; most people in this country remain unaware that this is so because they simply do not know the truth — what lies beyond the myths. Your so-called government is not going to tell you, either.
To even begin to understand what has happened to the Republic, we must look backward in time to the period following the Civil War. We must go back to the year 1871, which was the beginning of the decline of the Republic. When we examine what happened during that time in our history, we begin to piece together this troubling, perplexing puzzle that is “America” — only then should we answer as to whether we are indeed a “free” people or not.
So, let’s roll backward into the past for a moment. It is time we learned what they didn’t teach us in school. It is far more interesting than what they DID tell us. I think you’ll stay awake for this lesson.
The date is February 21, 1871 and the Forty-First Congress is in session. I refer you to the “Acts of the Forty-First Congress,” Section 34, Session III, chapters 61 and 62. On this date in the history of our nation, Congress passed an Act titled: “An Act To Provide A Government for the District of Columbia.” This is also known as the “Act of 1871.” What does this mean? Well, it means that Congress, under no constitutional authority to do so, created a separate form of government for the District of Columbia, which is a ten mile square parcel of land.
What??? How could they do that? Moreover, WHY would they do that? To explain, let’s look at the circumstances of those days. The Act of 1871 was passed at a vulnerable time in America. Our nation was essentially bankrupt — weakened and financially depleted in the aftermath of the Civil War. The Civil War itself was nothing more than a calculated “front” for some pretty fancy footwork by corporate backroom players. It was a strategic maneuver by European interests (the international bankers) who were intent upon gaining a stranglehold on the neck (and the coffers) of America.
The Congress realized our country was in dire financial straits, so they cut a deal with the international bankers — (in those days, the Rothschilds of London were dipping their fingers into everyone’s pie) thereby incurring a DEBT to said bankers. If we think about banks, we know they do not just lend us money out of the goodness of their hearts. A bank will not do anything for you unless it is entirely in their best interest to do so. There has to be some sort of collateral or some string attached which puts you and me (the borrower) into a subservient position. This was true back in 1871 as well. The conniving international bankers were not about to lend our floundering nation any money without some serious stipulations. So, they devised a brilliant way of getting their foot in the door of the United States (a prize they had coveted for some time, but had been unable to grasp thanks to our Founding Fathers, who despised them and held them in check), and thus, the Act of 1871 was passed.
In essence, this Act formed the corporation known as THE UNITED STATES. Note the capitalization, because it is important. This corporation, owned by foreign interests, moved right in and shoved the original “organic” version of the Constitution into a dusty corner. With the “Act of 1871,” our Constitution was defaced in the sense that the title was block-capitalized and the word “for” was changed to the word “of” in the title. The original Constitution drafted by the Founding Fathers, was written in this manner:
“The Constitution for the united states of America”.
The altered version reads: “THE CONSTITUTION OF THE UNITED STATES OF AMERICA”. It is the corporate constitution. It is NOT the same document you might think it is. The corporate constitution operates in an economic capacity and has been used to fool the People into thinking it is the same parchment that governs the Republic. It absolutely is not.
Capitalization — an insignificant change? Not when one is referring to the context of a legal document, it isn’t. Such minor alterations have had major impacts on each subsequent generation born in this country. What the Congress did with the passage of the Act of 1871 was create an entirely new document, a constitution for the government of the District of Columbia. The kind of government THEY created was a corporation. The new, altered Constitution serves as the constitution of the corporation, and not that of America. Think about that for a moment.
Incidentally, this corporate constitution does not benefit the Republic. It serves only to benefit the corporation. It does nothing good for you or me — and it operates outside of the original Constitution. Instead of absolute rights guaranteed under the “organic” Constitution, we now have “relative” rights or privileges. One example of this is the Sovereign’s right to travel, which has been transformed under corporate government policy into a “privilege” which we must be licensed to engage in. This operates outside of the original Constitution.
So, Congress committed TREASON against the People, who were considered Sovereign under the Declaration of Independence and the organic Constitution. When we consider the word “Sovereign,” we must think about what the word means.
According to Webster’s Dictionary, “sovereign” is defined as: 1. chief or highest; supreme. 2. Supreme in power, superior in position to all others. 3. Independent of, and unlimited by, any other, possessing or entitled to, original and independent authority or jurisdiction.
In other words, our government was created by and for “sovereigns” — the free citizens who were deemed the highest authority. Only the People can be sovereign — remember that. Government cannot be sovereign. We can also look to the Declaration of Independence, where we read: “government is subject to the consent of the governed” — that’s supposed to be us, the sovereigns. Do you feel like a sovereign nowadays? I don’t.
It doesn’t take a rocket scientist or a constitutional historian to figure out that this is not what is happening in our country today. Government in these times is NOT subject to the consent of the governed. Rather, the governed are subject to the whim and greed of the corporation, which has stretched its tentacles beyond the ten-mile-square parcel of land known as the District of Columbia — encroaching into every state of the Republic. Mind you, the corporation has NO jurisdiction outside of the District of Columbia. THEY just want you to think it does.
You see, you are presumed to know the law. This is ironic because as a people, we are taught basically nothing about the law in school. We are made to memorize obscure factoids and paragraphs here and there, such as the Preamble, and they gloss over the Bill of Rights. But we are not told about the law. Nor do our corporate government schools delve into the Constitution in any great depth. After all, they were put into place to indoctrinate and dumb down the masses — not to teach us anything. We were not told that we were sold-out to foreign interests and made beneficiaries of the debt incurred by Congress to the international bankers. For generations, American citizens have had the bulk of their earnings confiscated to pay on a massive debt that they, as a People, did not incur. There are many, many things the People have not been told. How do you feel about being made a beneficiary of somebody else’s massive debt without your knowledge or consent? Are we gonna keep going along with this??
When you hear some individuals say that the Constitution is null and void, think about how our government has transformed over time from a municipal or service-oriented entity to a corporate or profit-oriented entity. We are living under the myth that this is lawful, but it is not. We are being ruled by a “de facto,” or unlawful, form of government — the corporate body of the death-mongers — The Controllers.
With the passage of the Act of 1871, a series of subtle and overt deceptions were set in motion — all in conjunction and collusion with the Congress, who knowingly and deliberately sold the People down the river. Did they tell you this in government school? I doubt it. They were too busy drumming the fictional version of history into your brain — and mine. By failing to disclose what THEY did to the American People, the people became ignorant of what was happening. Over time, the Republic took it on the chin to the point of a knockdown. With the surrender of their gold in 1933, the People essentially surrendered their law. I don’t suppose you were taught THAT in school either. That’s because our REAL history is hidden from us. This is the way Roman Civil Law works — and our form of governance today is based upon Roman Civil Law and Admiralty/Maritime Law — better known as the “Divine Right of Kings” and “Law of the Seas”, respectively. This explains a lot. Roman Civil Law was fully established in the original colonies even before our nation began and is also known as private international law.
The government which was created for the District of Columbia via the Act of 1871 operates under Private International Law, and not Common Law, which was the law of the Constitutional Republic. This is very important to note since it impacts all Americans in concrete ways. You must recognize that private international law is only applicable within the District of Columbia and NOT in the other states of the Union. The various arms of the corporation are known as “departments” such as the Judiciary, Justice and Treasury. You recognize those names? Yes, you do! But they are not what you assume them to be. These “departments” all belong to the corporation known as THE UNITED STATES. They do NOT belong to you and me under the corporate constitution and its various amendments that operate outside of the Constitutional Republic.
I refer you to the UNITED STATES CODE (note the capitalization, indicating the corporation, not the Republic) Title 28 3002 (15) (A) (B) (C). It is stated unequivocally that the UNITED STATES is a corporation [see note]. Realize, too, that the corporation is not a separate and distinct entity from the government. It IS the government. YOUR government. This is extremely important. I refer to this as the “corporate empire of the UNITED STATES,” which operates under Roman Civil Law outside of the Constitution. How do you like being ruled by a cheesy, sleazy corporation? You’ll ask your Congressperson about this, you say? HA!!
Congress is fully aware of this deception. You must be made aware that the members of Congress do NOT work for you and me. Rather, they work for the Corporation known as THE UNITED STATES. Is this really any surprise to you? This is why we can’t get them to do anything on our behalf or to answer to us — as in the case with the illegal income tax — among many other things. Contrary to popular belief, they are NOT our civil servants. They do NOT work for us. They are the servants of the corporate government and carry out its bidding. Period.
The great number of committees and sub-committees that the Congress has created all work together like a multi-headed monster to oversee the various corporate “departments.” And, you should know that every single one of these that operates outside the District of Columbia is in violation of the law. The corporate government of the UNITED STATES has no jurisdiction or authority in ANY state of the Republic beyond the District of Columbia. Let this sink into your brain for a minute. Ask yourself, “Could this deception REALLY have occurred without the full knowledge and complicity of the Congress?” Do you think it happened by accident? You are deceiving yourself if you do. There are no accidents or coincidences. It is time to confront the truth and awaken from ignorance.
Your legislators will not apprise you of this information. You are presumed to know the law. THEY know you don’t know the law, or your history for that matter, because this information has not been taught to you. No concerted effort has been made to inform you. As a Sovereign, you are entitled to full disclosure of the facts. As a slave, you are entitled to nothing other than what the corporation decides to “give” you — at a price. Be wary of accepting so-called “benefits” of the corporation of the UNITED STATES. Aren’t you enslaved enough already?
I said (above) that you are presumed to know the law. Still, it matters not if you don’t in the eyes of the corporation. Ignorance of the law is not considered an excuse. It is your responsibility and your obligation as an American to learn about the law and how it applies to you. THEY count on the fact that most people are too uninterested or distracted or lazy to do so. The People have been mentally conditioned to allow the alleged government to do their thinking for them. We need to turn that around if we are to save our Republic before it is too late.
The UNITED STATES government is basically a corporate instrument of the international bankers. This means YOU are owned by the corporation from birth to death. The corporate UNITED STATES also holds ownership of all your assets, your property, and even your children. Does this sound untrue? Think long and hard about all those bills you pay, all those various taxes and fines and licenses you must pay for. Yes, they’ve got you by the pockets. Actually, they’ve had you by the ass for as long as you’ve been alive. In your heart, you know it’s true. Don’t believe any of this? Read up on the 14th Amendment. Check out how “free” you really are.
With the Act of 1871 and subsequent legislation such as the purportedly ratified 14th Amendment, our once-great nation of Sovereigns has been subverted from a Republic to a democracy. As is the case under Roman Civil Law, our ignorance of the facts has led to our silence. Our silence has been construed as our consent to become beneficiaries of a debt we did not incur. The Sovereign People have been deceived for hundreds of years into thinking they remain free and independent, when in actuality we continue to be slaves and servants of the corporation.
Treason was committed against the People in 1871 by the Congress. This could have been corrected through the decades by some honest men (assuming there were some), but it was not, mainly due to lust for money and power. Nothing new there. Are we to forgive and justify this crime against the People? You have lost more freedom than you may realize due to corporate infiltration of the so-called government. We will lose more unless we turn away from a democracy that is the direct road to disaster — and restore our Constitutional Republic.
In an upcoming article, we’ll take a closer look at the purportedly ratified 14th Amendment and how we became “property” of the corporation and enslaved by our silence.
I am saddened to think about the brave men and women who were killed in all the wars and conflicts instigated by the Controllers. These courageous souls fought for the preservation of ideals they believed to be true — not for the likes of a corporation. Do you believe that any one of the individuals who have been killed as a result of war would have willingly fought if they knew the full truth? Do you think one person would have laid down his life for a corporation? I think not. If the People had known long ago to what extent their trust had been betrayed, I wonder how long it would have taken for another Revolution. What we need is a Revolution in THOUGHT. We change our thinking and we change our world.
Callisto MT,Georgia,Book Antiqua,Palatino,Times New Roman,Serif;” face=”Callisto MT,Georgia,Book Antiqua,Palatino,Times New Roman,Serif”>Will we ever restore the Republic? That is a question I cannot answer yet. I hope, and most of all — pray — that WE, the Sovereign People, will work together in a spirit of cooperation to make it happen in this lifetime. I know I will give it my best shot — come what may. Our children deserve their rightful legacy — the liberty our ancestors fought so hard to give to us. Will we remain silent telling ourselves weare free, and perpetuate the MYTH? Or, do we stand as One Sovereign People, and take back what has been stolen from the house of our Republic?
Something to think about — it’s called freedom.
Act of 1871
BOOKSTORE
Act of 1871
1871, February 21: Congress Passes an Act to Provide a Government for
the District of Columbia, also known as the Act of 1871.
With no constitutional authority to do so, Congress creates a separate form of
government for the District of Columbia, a ten mile square parcel of land (see,
Acts of the Forty-first Congress,” Section 34, Session III, chapters 61 and 62).
The act — passed when the country was weakened and financially depleted in
the aftermath of the Civil War — was a strategic move by foreign interests
(international bankers) who were intent upon gaining a stranglehold on the
coffers and neck of America. Congress cut a deal with the international bankers
(specifically Rothschilds of London) to incur a DEBT to said bankers. Because
the bankers were not about to lend money to a floundering nation without
serious stipulations, they devised a way to get their foot in the door of the
United States.
The Act of 1871 formed a corporation called THE UNITED STATES. The
corporation, OWNED by foreign interests, moved in and shoved the original
Constitution into a dustbin. With the Act of 1871, the organic Constitution was
defaced — in effect vandalized and sabotage — when the title was capitalized
and the word “for” was changed to “of” in the title.
THE CONSTITUTION OF THE UNITED STATES OF AMERICA is the constitution of
the incorporated UNITED STATES OF AMERICA. It operates in an economic
capacity and has been used to fool the People into thinking it governs the
Republic. It does is not! Capitalization is NOT insignificant when one is referring
to a legal document. This seemingly “minor” alteration has had a major impact
on every subsequent generation of Americans. What Congress did by passing
the Act of 1871 was create an entirely new document, a constitution for the
government of the District of Columbia, an INCORPORATED government. This
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Act of 1871
newly altered Constitution was not intended to benefit the Republic. It benefits
only the corporation of the UNITED STATES OF AMERICA and operates entirely
outside the original (organic) Constitution.
Instead of having absolute and unalienable rights guaranteed under the organic
Constitution, we the people now have “relative” rights or privileges. One
example is the Sovereign’s right to travel, which has now been transformed
(under corporate government policy) into a “privilege” that requires citizens to
be licensed. (Passports) By passing the Act of 1871, Congress committed
TREASON against the People who were Sovereign under the grants and decrees
of the Declaration of Independence and the organic Constitution. [Information
courtesy of Lisa Guliani, http://www.babelmagazine.com. The Act of 1871 became the
FOUNDATION of all the treason since committed by government officials.]
~~~~~~~~~~~~~~~
Dove: The following is an expansion and further explanation of the above (an
adaptation of Lisa’s work, done with her permission), which you may want to
read for your own edification. Whereas my Chapter 9 is a time-map of the major
Headlines and Landmines of the 200-years-plus history of America, each
subsequent chapter goes into particular details. This section is from Chapter 18,
“The Tale of Two Governments, which overall addresses the difference between
a democracy and a republic as well as the fact of a federal government and a
shadow government practicing under the guise of The Corporation. I’m sure Lisa
won’t mind your using what you need in order to make whatever point you wish
to make in the moment. . . . C.
~~~~~~~~~~~~~~~~~~~~~~~`
The United States Isn’t a Country; It’s a Corporation! In preparation for stealing
America, the puppets of Britain’s banking cabal had already created a second
government, a Shadow Government designed to manage what the common
herd believed was a democracy, but what really was an incorporated UNITED
STATES. Together this chimera, this two-headed monster, disallowed the
common herd all rights of sui juris. [you, in your sovereignty]
Congress, with no authority to do so, created a separate form of government for
the District of Columbia, a ten-mile square parcel of land. WHY and HOW did
they do so? First, Lisa Guliani of Babel Magazine, reminds us that the Civil War
was, in fact, “little more than a calculated front with fancy footwork by
backroom players.” Then she adds: “It was also a strategic maneuver by British
and European interests (international bankers) intent on gaining a stranglehold
on the coffers of America. And, because Congress knew our country was in dire
financial straits, certain members of Congress cut a deal with the international
bankers (in those days, the Rothschilds of London were dipping their fingers into
everyone’s pie). . . . . There you have the WHY, why members of Congress
permitted the international bankers to gain further control of America. . . . . .
“Then, by passing the Act of 1871, Congress formed a corporation known as
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Act of 1871
THE UNITED STATES. This corporation, owned by foreign interests, shoved the
organic version of the Constitution aside by changing the word ‘for’ to ‘of’ in the
title. Let me explain: the original Constitution drafted by the Founding Fathers
read: ‘The Constitution for the united states of America.’ [note that neither the
words ‘united’ nor ‘states’ began with capital letters] But the CONSTITUTION OF
THE UNITED STATES OF AMERICA’ is a corporate constitution, which is
absolutely NOT the same document you think it is. First of all, it ended all our
rights of sovereignty [sui juris]. So you now have the HOW, how the
international bankers got their hands on THE UNITED STATES OF AMERICA.”
To fully understand how our rights of sovereignty were ended, you must know
the full meaning of sovereign: “Chief or highest, supreme power, superior in
position to all others; independent of and unlimited by others; possessing or
entitled to; original and independent authority or jurisdiction.” (Webster).
In short, our government, which was created by and for us as sovereigns — free
citizens deemed to have the highest authority in the land – was stolen from us,
along with our rights. Keep in mind that, according to the original Constitution,
only We the People are sovereign. Government is not sovereign. The Declaration
of Independence say, “…government is subject to the consent of the governed.”
That’s us — the sovereigns. When did you last feet like a sovereign? As Lisa
Guliani explained:
“It doesn’t take a rocket scientist or a constitutional historian to figure out that
the U.S. Government has NOT been subject to the consent of the governed
since long before you or I were born. Rather, the governed are subject to the
whim and greed of the corporation, which has stretched its tentacles beyond the
ten-mile-square parcel of land known as the District of Columbia. In fact, it has
invaded every state of the Republic. Mind you, the corporation has NO
jurisdiction beyond the District of Columbia. You just think it does. “You see,
you are ‘presumed’ to know the law, which is very weird since We the People
are taught NOTHING about the law in school. We memorize obscure facts and
phrases here and there, like the Preamble, which says, ‘We the
People…establish this Constitution for the United States of America.’ But our
teachers only gloss over the Bill of Rights. Our schools (controlled by the
corporate government) don’t delve into the Constitution at depth. After all, the
corporation was established to indoctrinate and ‘dumb-down’ the masses, not to
teach anything of value or importance. Certainly, no one mentioned that
America was sold-out to foreign interests, that we were beneficiaries of the debt
incurred by Congress, or that we were in debt to the international bankers. Yet,
for generations, Americans have had the bulk of their earnings confiscated to
pay a massive debt that they did not incur. There’s an endless stream of things
the People aren’t told. And, now that you are being told, how do you feel about
being made the recipient of a debt without your knowledge or consent? “After
passage of the Act of 1871 Congress set a series of subtle and overt deceptions
into motion, deceptions in the form of decisions that were meant to sell us down
the river. Over time, the Republic took it on the chin until it was knocked down
and counted out by a technical KO [knock out]. With the surrender of the
people’s gold in 1933, the ‘common herd’ was handed over to illegitimate law.
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Act of 1871
(I’ll bet you weren’t taught THAT in school.)
“Our corporate form of governance is based on Roman Civil Law and Admiralty,
or Maritime, Law, which is also known as the ‘Divine Right of Kings’ and the
‘Law of the Seas’ — another fact of American history not taught in our schools.
Actually, Roman Civil Law was fully established in the colonies before our nation
began, and then became managed by private international law. In other words,
the government — the government created for the District of Columbia via the
Act of 1871 – operates solely under Private International Law, not Common
Law, which was the foundation of our Constitutional Republic. “This fact has
impacted all Americans in concrete ways. For instance, although Private
International Law is technically only applicable within the District of Columbia,
and NOT in the other states of the Union, the arms of the Corporation of the
UNITED STATES are called ‘departments’ — i.e., the Justice Department, the
Treasury Department. And those departments affect everyone, no matter where
(in what state) they live. Guess what? Each department belongs to the
corporation — to the UNITED STATES.
“Refer to any UNITED STATES CODE (USC). Note the capitalization; this is
evidence of a corporation, not a Republic. For example, In Title 28 3002 (15)
(A) (B) (C), it is unequivocally stated that the UNITED STATES is a corporation.
Translation: the corporation is NOT a separate and distinct entity; it is not
disconnected from the government; it IS the government — your government.
This is extremely important! I refer to it as the ‘corporate EMPIRE of the UNITED
STATES,’ which operates under Roman Civil Law outside the original
Constitution. How do you like being ruled by a corporation? You say you’ll ask
your Congressperson about this? HA!! “Congress is fully aware of this deception.
So it’s time that you, too, become aware of the deception. What this great
deception means is that the members of Congress do NOT work for us, for you
and me. They work for the Corporation, for the UNITED STATES. No wonder we
can’t get them to do anything on our behalf, or meet or demands, or answer our
questions.
“Technically, legally, or any other way you want to look at the matter, the
corporate government of the UNITED STATES has no jurisdiction or authority in
ANY State of the Union (the Republic) beyond the District of Columbia. Let that
tidbit sink in, then ask yourself, could this deception have occurred without full
knowledge and complicity of the Congress? Do you think it happened by
accident? If you do, you’re deceiving yourself.
“There are no accidents, no coincidences. Face the facts and confront the truth.
Remember, you are presumed to know the law. THEY know you don’t know the
law or, for that matter, your history. Why? Because no concerted effort was
ever made to teach or otherwise inform you. As a Sovereign, you are entitled to
full disclosure of all facts. As a slave, you are entitled to nothing other than
what the corporation decides to ‘give’ you.
“Remember also that ‘Ignorance of the law is no excuse.’ It’s your responsibility
and obligation to learn the law and know how it applies to you. No wonder the
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Act of 1871
corporation counted on the fact that most people are too indifferent,
unconcerned, distracted, or lazy to learn what they need to know to survive
within the system. We have been conditioned to let the government do our
thinking for us. Now’s the time to turn that around if we intend to help save our
Republic and ourselves — before it’s too late.
“As an instrument of the international bankers, the UNITED STATES owns you
from birth to death. It also holds ownership of all your assets, of your property,
even of your children. Think long and hard about all the bills taxes, fines, and
licenses you have paid for or purchased. Yes, they had you by the pockets. If
you don’t believe it, read the 14th Amendment. See how ‘free’ you really are.
Ignorance of the facts led to your silence. Silence is construed as consent;
consent to be beneficiaries of a debt you did not incur. As a Sovereign People
we have been deceived for hundreds of years; we think we are free, but in truth
we are servants of the corporation.
“Congress committed treason against the People in 1871. Honest men could
have corrected the fraud and treason. But apparently there weren’t enough
honest men to counteract the lust for money and power. We lost more freedom
than we will ever know, thanks to corporate infiltration of our so-called
‘government.’ “Do you think that any soldier who died in any of our many wars
would have fought if he or she had known the truth? Do you think one person
would have laid down his/her life for a corporation? How long will we remain
silent? How long will we perpetuate the MYTH that we are free? When will we
stand together as One Sovereign People? When will we take back what has been
as stolen from the us?
“If the People of America had known to what extent their trust was betrayed,
how long would it have taken for a real revolution to occur? What we now need
is a Revolution in THOUGHT. We need to change our thinking, then we can
change our world. Our children deserve their rightful legacy — the liberty our
ancestors fought to preserve, the legacy of a Sovereign and Fully Free People.”
[Posted 8/27/02, www.babelmagazine.com/]
Wisdom And Freedom produced by WORLD NEWSSTAND
Copyright © 2003. ALL RIGHTS RESERVED.
page image by Windy’s Design Studio
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Act of 1871
file:///C|/Documents%20and%20Settings/Byron%20Wine/Desktop/Act%20of%201871.htm (6 of 6) [8/21/2005 11:30:44 AM]The District of Columbia Organic Act of 1871 aka “An Act to provide a Government for the District of Columbia (41st Congress, 3d Sess., ch. 62, 16 Stat. 419, enacted 1871-02-21) is an Act of Congress, which revoked the individual charters of the City of Washington, the City of Georgetown, and the County of Washington and created a new city government for the entire District of Columbia. The legislation effectively merged what had been separate municipalities within the federal territory into a single entity. It is for this reason that the city, while legally named the District of Columbia, is still commonly known as Washington, D.C. However, this act was abolished in 1874, and while the name did not change, the territorial Governor was replaced with a three-member Board of Commissioners appointed by the President. This system existed until 1974 when the District of Columbia Home Rule Act allowed for District residents to elect their own mayor.

Below is the text of the bill:
organic act 1871 1 Text of the District of Columbia Organic Act of 1871

 

organic act 1871 1 Text of the District of Columbia Organic Act of 1871

Continue reading the bill:

organic act 1871 2 Text of the District of Columbia Organic Act of 1871
organic act 1871 3 Text of the District of Columbia Organic Act of 1871
organic act 1871 4 Text of the District of Columbia Organic Act of 1871
organic act 1871 5 Text of the District of Columbia Organic Act of 1871
organic act 1871 6 Text of the District of Columbia Organic Act of 1871
organic act 1871 7 Text of the District of Columbia Organic Act of 1871
organic act 1871 8 Text of the District of Columbia Organic Act of 1871
organic act 1871 9 Text of the District of Columbia Organic Act of 1871
organic act 1871 10 Text of the District of Columbia Organic Act of 1871
organic act 1871 11 Text of the District of Columbia Organic Act of 1871
###########################################################

CITIZENSHIP STATUS V. TAX STATUS

PDF Web Capture of this Article

Table of Contents:

  1. The Four “United States”
  2. Statutory v. Constitutional Contexts
  3. Summary of Citizenship Status v. Tax Status
  4. Effect of Domicile on Citizenship Status
  5. Meaning of Geographical Words of Art
  6. Citizenship and Domicile Options and Relationships
  7. Four Types of American Nationals
  8. Federal Statutory Citizenship Statuses Diagram
  9. Citizenship Status on Government Forms
  10. Capitalization within Statutes and Regulations

Related articles:

Related remedies

Related offsite articles

SOURCE:

Great IRS Hoax, section 5.3, version 3.26


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

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

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

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

1. THE FOUR “UNITED STATES”

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

Table 1: Geographical terms used throughout this page

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

2.  STATUTORY V. CONSTITUTIONAL CONTEXTS

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

  1. Constitutional.
  2. Statutory.

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

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

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

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

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

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

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

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

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

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

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

    Why You are a “national”, “state national”, and Constitutional but not Statutory Citizen, Form #05.006
    http://sedm.org/Forms/FormIndex.htm
  8. Your job, if you say you are a “citizen of the United States” or “U.S. citizen” on a government form ( a VERY DANGEROUS undertaking!) is to understand that all government forms presume the statutory and not constitutional context, and to ensure that you define precisely WHICH one of the three “United States” you are a “citizen” of, and do so in a way that excludes you from the civil jurisdiction of the national government because domiciled in a “foreign state”.  Both foreign countries and states of the Union are legislatively “foreign” and therefore “foreign states” in relation to the national government of the United States.  The following form does that very carefully:
    Affidavit of Citizenship, Domicile, and Tax Status, Form #02.001
    http://sedm.org/Forms/FormIndex.htm
  9. Even the IRS says you CANNOT trust or rely on ANYTHING on any of their forms and publications.  We cover this in our  Reasonable Belief About Income Tax Liability, Form #05.007.  Hence, if you are compelled to fill out a government form, you have an OBLIGATION to ensure that you define all “words of art” used on the form in such a way that there is no room for presumption, no judicial or government discretion to “interpret” the form to their benefit, and no  injury to your rights or status by filling out the government form.  This includes attaching the following forms to all tax forms you submit:9.1.   Affidavit of Citizenship, Domicile, and Tax Status, Form #02.001
    http://sedm.org/Forms/FormIndex.htm9.2.   Tax Form Attachment, Form #04.201
    http://sedm.org/Forms/FormIndex.htm

3.  SUMMARY OF CITIZENSHIP STATUS v. TAX STATUS

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

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

# Citizenship status Place of birth Domicile Accepting tax treaty benefits? Defined in Tax Status under 26 U.S.C./Internal Revenue Code
“Citizen”
(defined in
26 CFR 1.1-1)
“Resident alien”
(defined in
26 U.S.C. §7701(b)(1)(A),
26 CFR §1.1441-1(c )(3)(i)
and 26 CFR §1.1-1(a)(2)(ii))
“Nonresident
alien INDIVIDUAL”
(defined in
26 CFR §1.1441-1(c )(3))
“Nonresident alien
NON-individual”
(defined in
26 U.S.C. §7701(b)(1)(B))
1 “U.S. citizen” or “Statutory U.S. citizen” Anywhere in America District of Columbia, Puerto Rico, Guam, Virgin Islands NA 8 U.S.C. §1401
8 U.S.C. §1101(a)(22)(A)
Yes
(only pay income
tax abroad with
IRS Forms 1040/2555.
See Cook v. Tait,
265 U.S. 47 (1924))
No No No
2 “U.S. national Anywhere in America American Samoa; Swains Island; or abroad to U.S. national parents under 8 U.S.C. §1408(2) NA 8 U.S.C. §1408;
8 U.S.C. §1101(a)(22)(B);
8 U.S.C. §1452
No
(see 26 U.S.C. §7701(b)(1)(B) )
No Yes
(see IRS
Form 1040NR
for proof)
No
3.1 “national” or
“state national” or  “Constitutional but not statutory citizen”
Anywhere in America State of the Union NA
(ACTA agreement)
8 U.S.C. §1101(a)(21);
8 U.S.C. §1452;
14th Amend., Sect. 1
No No No Yes
3.2 “national” or
“state national” or “Constitutional but not statutory citizen”
Anywhere in America Foreign country Yes 8 U.S.C. §1101(a)(21);
8 U.S.C. §1452;
14th Amend., Sect. 1
No No Yes No
3.3 “national” or
“state national” or “Constitutional but not statutory citizen”
Anywhere in America Foreign country No 8 U.S.C. §1101(a)(21);
8 U.S.C. §1452;
14th Amend., Sect. 1
No No No Yes
4.1 “alien” or “Foreign national” Foreign country Puerto Rico, Guam, Virgin Islands, American Samoa, Commonwealth of Northern Mariana Islands NA 8 U.S.C. §1101(a)(3) No Yes No No
4.2 “alien” or “Foreign national” Foreign country State of the Union Yes 8 U.S.C. §1101(a)(3) No No Yes No
4.3 “alien” or “Foreign national” Foreign country State of the Union No 8 U.S.C. §1101(a)(3) No No No Yes
4.4 “alien” or “Foreign national” Foreign country Foreign country Yes 8 U.S.C. §1101(a)(3) No No Yes No
4.5 “alien” or “Foreign national” Foreign country Foreign country No 8 U.S.C. §1101(a)(3) No No No Yes

4. EFFECT OF DOMICILE ON CITIZENSHIP STATUS

Table 3:  Effect of Domicile on Citizenship Status

  CONDITION
Description Domicile WITHIN
the FEDERAL ZONE and located in FEDERAL ZONE
Domicile WITHIN
the FEDERAL ZONE
and temporarily located
abroad in foreign country
Domicile WITHOUT the FEDERAL ZONE and located WITHOUT the FEDERAL ZONE
Location of domicile “United States” per
26 U.S.C. §§7701(a)(9) and (a)(10) , 7701(a)(39), 7408(d), and 4 U.S.C. §110(d)
“United States” per
26 U.S.C. §§7701(a)(9) and (a)(10) , 7701(a)(39), 7408(d), and 4 U.S.C. §110(d)
Without the “United States” per 26 U.S.C. §§7701(a)(9) and (a)(10), 7701(a)(39), 7408(d), and 4 U.S.C. §110(d)
Physical location Federal territories, possessions, and the District of Columbia Foreign nations ONLY
(NOT states of the Union)
Foreign nations
states of the Union
Federal possessions
Tax Status “U.S. Person”26 U.S.C. §7701(a)(30) “U.S. Person”26 U.S.C. §7701(a)(30) “Nonresident alien”26 U.S.C. §7701(b)(1)(B)
Tax form(s) to file IRS Form 1040 IRS Form 1040 plus 2555 IRS Form 1040NR: “alien individuals”, “nonresident alien individuals”No filing requirement: “non-citizen nationals”
Status if DOMESTIC national Citizen
8 U.S.C. §1401(Not required to file if physically present in the “United States” because no statute requires it)
Citizen abroad
26 U.S.C. §911(Meets presence test)
“non-citizen National”
8 U.S.C. §1101(a)(21)8 U.S.C. §1101(a)(22)(B)8 U.S.C. §14088 U.S.C. §1452
Status if FOREIGN national “Resident alien”26 U.S.C. §7701(b)(1)(A) “Resident alien abroad”
26 U.S.C. §911(Meets presence test)
“Nonresident alien individual”:
26 CFR §1.1441-1(c )(3)(ii)“Alien”: 8 U.S.C. §1101(a)(3)“Alien individual”:
26 CFR §1.1441-1(c )(3)(i)

NOTES:

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

5.  MEANING OF GEOGRAPHICAL WORDS OF ART

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

Table 4: Meaning of geographic “words of art”

Law Federal constitution Federal statutes Federal regulations State constitutions State statutes State regulations
Author Union States/
”We The People”
Federal Government “We The People” State Government
“state” Foreign country Union state Union state Other Union state or federal government Other Union state or federal government Other Union state or federal government
State Union state Federal state Federal state Union state Union state Union state
“in this State” or “in the State”[1] NA NA NA NA Federal enclave within state Federal enclave within state
“State”[2](State Revenue and taxation code only) NA NA NA NA Federal enclave within state Federal enclave within state
“several States” Union states collectively[3] Federal “States” collectively Federal “States” collectively Federal “States” collectively Federal “States” collectively Federal “States” collectively
United States states of the Union collectively Federal United States** Federal United States** United States* the country Federal United States** Federal United States**

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

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

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


[1] See California Revenue and Taxation Code, section 6017 at http://www.leginfo.ca.gov/cgi-bin/displaycode?section=rtc&group=06001-07000&file=6001-6024

[2] See California Revenue and Taxation Code, section 17018 at http://www.leginfo.ca.gov/cgi-bin/displaycode?section=rtc&group=17001-18000&file=17001-17039.1

[3] See, for instance, U.S. Constitution Article IV, Section 2.

[4] See http://www4.law.cornell.edu/uscode/48/


6.  CITIZENSHIP AND DOMICILE OPTIONS AND RELATIONSHIPS

Figure 1:  Citizenship and Domicile Options and Relationships


7.  FOUR TYPES OF AMERICAN NATIONALS

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

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

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

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

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

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

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

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

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

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

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

2.2. Born anywhere in American Samoa or Swains Island.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

4.6.     May vote in state elections.

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

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

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

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


8.  FEDERAL STATUTORY CITIZENSHIP STAT– USES DIAGRAM

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

Figure 2:  Federal Statutory Citizenship Statuses

9.   CITIZENSHIP STATUS ON GOVERNMENT FORMS

Table 5:  Citizenship status on government forms

# Citizenship status Place of birth Domicile Accepting tax treaty benefits? Defined in Social Security NUMIDENT Status Status Specific Government Forms
Social Security SS-5 IRS Form W-8 Block 3 Department of State I-9 E-Verify System
1 “U.S. citizen” or “Statutory U.S. citizen” Anywhere in America District of Columbia, Puerto Rico, Guam, Virgin Islands NA 8 U.S.C. §1401
8 U.S.C. §1101(a)(22)(A)
CSP=A Block 5=”U.S. Citizen” Can’t use Form W-8 Section 1=”A citizen of the United States” See Note 1.
2 “U.S. national Anywhere in America American Samoa; Swains Island; or abroad to U.S. national parents under 8 U.S.C. §1408(2) NA 8 U.S.C. §1408;
8 U.S.C. §1101(a)(22)(B);
8 U.S.C. §1452
CSP=B Block 5=”Legal  alien authorized to work. (statutory)” “Nonresident NON-Individual Nontaxpayer” Section 1=”A noncitizen national of the United States” See Note 1.
3.1 “national” or
“state national” or  “Constitutional but not statutory citizen”
Anywhere in America State of the Union NA
(ACTA agreement)
8 U.S.C. §1101(a)(21);
8 U.S.C. §1452;
14th Amend., Sect. 1
CSP=B Block 5=”Legal  alien authorized to work. (statutory)” “Nonresident NON-Individual Nontaxpayer” Section 1=”A noncitizen national of the United States)” OR “An alien authorized to work (statutory)” See Note 1.
3.2 “national” or
“state national” or “Constitutional but not statutory citizen”
Anywhere in America Foreign country Yes 8 U.S.C. §1101(a)(21);
8 U.S.C. §1452;
14th Amend., Sect. 1
CSP=B Block 5=”Legal  alien authorized to work. (statutory)” “Nonresident NON-Individual Nontaxpayer” Section 1=”A noncitizen national of the United States)” OR “An alien authorized to work (statutory)” See Note 1.
3.3 “national” or
“state national” or “Constitutional but not statutory citizen”
Anywhere in America Foreign country No 8 U.S.C. §1101(a)(21);
8 U.S.C. §1452;
14th Amend., Sect. 1
CSP=B Block 5=”Legal  alien authorized to work. (statutory)” “Nonresident NON-Individual Nontaxpayer” Section 1=”A noncitizen national of the United States)” OR “An alien authorized to work (statutory)” See Note 1.
4.1 “alien” or “Foreign national” Foreign country Puerto Rico, Guam, Virgin Islands, American Samoa, Commonwealth of Northern Mariana Islands NA 8 U.S.C. §1101(a)(3) CSP=B Block 5=”Legal  alien authorized to work. (statutory)” “Nonresident NON-Individual Nontaxpayer” Section 1=”A lawful permanent resident” OR “An alien authorized to work” See Note 1.
4.2 “alien” or “Foreign national” Foreign country State of the Union Yes 8 U.S.C. §1101(a)(3) CSP=B Block 5=”Legal  alien authorized to work. (statutory)” “Nonresident NON-Individual Nontaxpayer” Section 1=”A lawful permanent resident” OR “An alien authorized to work” See Note 1.
4.3 “alien” or “Foreign national” Foreign country State of the Union No 8 U.S.C. §1101(a)(3) CSP=B Block 5=”Legal  alien authorized to work. (statutory)” “Nonresident NON-Individual Nontaxpayer” Section 1=”A lawful permanent resident” OR “An alien authorized to work” See Note 1.
4.4 “alien” or “Foreign national” Foreign country Foreign country Yes 8 U.S.C. §1101(a)(3) CSP=B Block 5=”Legal  alien authorized to work. (statutory)” “Nonresident NON-Individual Nontaxpayer” Section 1=”A lawful permanent resident” OR “An alien authorized to work” See Note 1.
4.5 “alien” or “Foreign national” Foreign country Foreign country No 8 U.S.C. §1101(a)(3) CSP=B Block 5=”Legal  alien authorized to work. (statutory)” “Nonresident NON-Individual Nontaxpayer” Section 1=”A lawful permanent resident” OR “An alien authorized to work” See Note 1.

NOTES:

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

10.   CAPITALIZATION WITHIN STATUTES AND REGULATIONS

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

Home Rule Act Text of The District of Columbia Home Rule Act As Amended Through 1997

District of Columbia Home Rule Act

Approved December 24, 1973

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

Click here to view a PDF as amended to 2008

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


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

Sec. 101. Short Title

Sec. 102. Congressional Retention of Authority

Sec. 103. Definitions

TITLE II — GOVERNMENTAL REORGANIZATION

Sec. 201. Redevelopment Land Agency

Sec. 202. National Capital Housing Authority

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

Sec. 204. District of Columbia Manpower Administration

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

Sec. 301. District Charter Preamble

Sec. 302. Legislative Power

Sec. 303. Charter Amending Procedure

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

Sec. 401. Creation and Membership

Sec. 402. Qualifications for Holding Office

Sec. 403. Compensation

Sec. 404. Powers of the Council

Subpart 2 –Organization and Procedure of the Council

Sec. 411. The Chairman

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

Sec. 413. Investigations by the Council

PART B — THE MAYOR

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

Sec. 422. Powers and Duties

Sec. 423. Municipal Planning

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

PART C — THE JUDICIARY

Sec. 431. Judicial Powers

Sec. 432. Removal, Suspension, and Involuntary Retirement

Sec. 433. Nomination and Appointment of Judges

Sec. 434. District of Columbia Judicial Nomination Commission

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

Sec. 441. Fiscal Year

Sec. 442. Submission of Annual Budget

Sec. 443. Multiyear Plan

Sec. 444. Multiyear Capital Improvement Plan

Sec. 445. District of Columbia Courts’ Budget

Sec. 445A. Water and Sewer Authority Budget

Sec. 446. Enactment of Appropriations by Congress

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

Sec. 448. Financial Duties of the Mayor

Sec. 449. Accounting Supervision and Control

Sec. 450. General and Special Funds

Sec. 451. Special Rules Regarding Certain Contracts

Sec. 452. Annual Budget for the Board of Education

Sec. 453. Reductions in Budgets of Independent Agencies

Subpart 2 — Audit

Sec. 455. District of Columbia Auditor

Sec. 456. Performance and Financial Accountability

PART 3 — BORROWINGSubpart 1 — Borrowing

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

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

Sec. 463. Publication of Borrowing Legislation

Sec. 464. Short Period of Limitation

Sec. 465. Issuance of General Obligation Bonds

Sec. 466. Public or Private Sale

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

Subpart 2 — Short-Term Borrowing

Sec. 471. Borrowing to Meet Appropriations

Sec. 472. Borrowing in Anticipation of Revenues

Sec. 473. Notes Redeemable Prior to Maturity

Sec. 474. Sales of Notes

Sec. 475. Bond Anticipation Notes

Payment of Bonds and Notes

Sec. 481. Special Tax

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

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

Subpart 4 — Full Faith and Credit of the United States

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

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

Reservoirs; Metro Contributions; and Revenue Bonds

Sec. 485. Tax Exemptions

Sec. 486. Legal Investment

Sec. 487. Water Pollution

Sec. 488. Cost of Reservoirs on Potomac River

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

Sec. 490. Revenue Bonds and Other Obligations

PART F — INDEPENDENT AGENCIES

Sec. 491. Board of Elections

Sec. 492. Zoning Commission

Sec. 493. Public Service Commission

Sec. 494. Armory Board

Sec. 495. Board of Education

Sec. ___. Initiatives, Referendums, and Recalls

TITLE V — FEDERAL PAYMENT

[Repealed]

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

Sec. 502. Authorization of Appropriations [Repealed]

TITLE VI — RESERVATION OF CONGRESSIONAL AUTHORITY

Sec. 601 . Retention of Constitutional Authority

Sec. 602. Limitations on the Council

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

Sec. 604. Congressional Actions on Certain District Matters

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

Sec. 701. Referendum

Sec. 702. Board of Elections Authority

Sec. 703. Referendum Ballot and Notice of Voting

Sec. 704. Acceptance or Nonacceptance of Chapter

PART B — SUCCESSION IN GOVERNMENT

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

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

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

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

Sec. 715. Pending Actions and Proceedings

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

Sec. 717. Status of the District

Sec. 718. Continuation of District of Columbia Court System

Sec. 719. Continuation of the Board of Education

PART C — TEMPORARY PROVISIONS

Sec. 721. Powers of the President During Transitional Period

Sec. 722. Reimbursable Appropriations for the District

Sec. 723. Interim Loan Authority

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

PART D — MISCELLANEOUS

Sec. 731. Agreements with United States

Sec. 732. Personnel Interest in Contracts of Transactions

Sec. 733. Compensation from More than One Source

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

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

Sec. 736. Independent Audit

Sec. 737. Adjustments

Sec. 738. Advisory Neighborhood Commissions

Sec. 739. National Capital Service Area

Sec. 740. Emergency Control of Police

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

Sec. 742. Open Meetings

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

PART E — AMENDMENTS TO THE DISTRICT OF COLUMBIA

ELECTION ACT AMENDMENTS

Sec. 751. Amendments [Amendments to other laws]

Sec. 752. District Council Authority Over Elections

RULES OF CONSTRUCTION

Sec. 761. Construction

Sec. 762. Severability

PART G — EFFECTIVE DATES

Sec. 771. Effective Dates

SUBJECT INDEX

TITLE I – SHORT TITLE, PURPOSES, AND DEFINITIONSSHORT TITLE

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

STATEMENT OF PURPOSES

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

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

DEFINITIONS

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

TITLE II — GOVERNMENTAL REORGANIZATIONREDEVELOPMENT LAND AGENCY

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

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

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

NATIONAL CAPITAL HOUSING AUTHORITY

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

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

NATIONAL CAPITAL PLANNING COMMISSION AND MUNICIPAL PLANNING

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

DISTRICT OF COLUMBIA MANPOWER ADMINISTRATION

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

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

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

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

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

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

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

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

TITLE III — DISTRICT CHARTER PREAMBLE, LEGISLATIVE

POWER, AND CHARTER AMENDING PROCEDURE

DISTRICT CHARTER PREAMBLE

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

LEGISLATIVE POWER

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

CHARTER AMENDING PROCEDURE

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

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

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

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

TITLE IV — THE DISTRICT CHARTER

PART A — THE COUNCIL

Subpart 1 — Creation of the Council

CREATION AND MEMBERSHIP

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

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

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

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

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

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

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

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

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

QUALIFICATIONS FOR HOLDING OFFICE

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

COMPENSATION

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

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

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

POWERS OF THE COUNCIL

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

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

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

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

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

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

Subpart 2 — Organization and Procedure of the Council

THE CHAIRMAN

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

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

ACTS, RESOLUTIONS, AND REQUIREMENTS FOR QUORUM

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

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

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

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

INVESTIGATIONS BY THE COUNCIL

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

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

PART B — THE MAYOR

ELECTION, QUALIFICATIONS, VACANCY, AND COMPENSATION

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

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

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

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

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

POWERS AND DUTIES

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

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

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

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

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

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

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

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

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

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

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

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

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

MUNICIPAL PLANNING

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

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

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

CHIEF FINANCIAL OFFICER OF THE DISTRICT OF COLUMBIA

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

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

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

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

(A) The Controller of the District of Columbia.

(B) The Office of the Budget.

(C) The Office of Financial Information Services.

(D) The Department of Finance and Revenue.

(4) SERVICE OF HEADS OF OTHER OFFICES. —

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

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

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

(B) OFFICE HEADS APPOINTED BY CHIEF FINANCIAL

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

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

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

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

(1) IN GENERAL. –

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

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

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

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

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

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

(2) REMOVAL. —

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(v) An analysis of cash utilization, including:

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

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

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

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

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

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

(iii) A maturity schedule of the debt;

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

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

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

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

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

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

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

PART C — THE JUDICIARYJUDICIAL POWERS

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

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

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

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

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

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

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

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

(A) is a citizen of the United States;

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

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

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

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

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

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

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

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

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

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

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

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

REMOVAL, SUSPENSION, AND INVOLUNTARY RETIREMENT

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

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

(A) willful misconduct in office,

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

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

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

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

(A) upon —

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

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

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

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

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

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

NOMINATION AND APPOINTMENT OF JUDGES

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

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

(1) is a citizen of the United States;

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

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

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

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

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

DISTRICT OF COLUMBIA JUDICIAL NOMINATION COMMISSION

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

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

(A) is a citizen of the United States;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

PART D — DISTRICT BUDGET AND FINANCIAL MANAGEMENT

Subpart 1 — Budget and Financial Management

FISCAL YEAR

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

SUBMISSION OF ANNUAL BUDGET

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

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

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

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

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

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

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

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

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

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

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

MULTIYEAR PLAN

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

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

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

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

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

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

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

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

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

MULTIYEAR CAPITAL IMPROVEMENT PLAN

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

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

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

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

(4) Appropriate maps or other graphics.

DISTRICT OF COLUMBIA COURTS’ BUDGET

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

WATER AND SEWER AUTHORITY BUDGET

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

(b) PERMITTING EXPENDITURE OF EXCESS REVENUES FOR CAPITAL

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

ENACTMENT OF APPROPRIATIONS BY CONGRESS

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

CONSISTENCY OF BUDGET, ACCOUNTING, AND PERSONNEL SYSTEMS

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

FINANCIAL DUTIES OF THE MAYOR

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

ACCOUNTING SUPERVISION AND CONTROL

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

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

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

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

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

GENERAL AND SPECIAL FUNDS

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

SPECIAL RULES REGARDING CERTAIN CONTRACTS

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

(b) CONTRACTS EXCEEDING CERTAIN AMOUNT.–

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

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

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

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

(c) [MULTIYEAR CONTRACTS.–]

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

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

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

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

(C) funds appropriated for those payments.

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

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

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

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

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

ANNUAL BUDGET FOR THE BOARD OF EDUCATION

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

REDUCTIONS IN BUDGETS OF INDEPENDENT AGENCIES

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

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

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

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

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

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

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

Subpart 2 — Audit

DISTRICT OF COLUMBIA AUDITOR

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

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

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

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

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

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

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

PERFORMANCE AND FINANCIAL ACCOUNTABILITY

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(2) REPORT ON COMPLIANCE.–

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

PART E — BORROWING

Subpart 1 — Borrowing

DISTRICT’S AUTHORITY TO ISSUE AND REDEEM GENERAL OBLIGATION

BONDS FOR CAPITAL PROJECTS

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

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

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

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

CONTENTS OF BORROWING LEGISLATION AND ELECTIONS ON ISSUING

GENERAL OBLIGATION BONDS

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

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

(2) Identifying the act authorizing each such project;

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

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

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

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

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

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

PUBLICATION OF BORROWING LEGISLATION

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

“NOTICE
“The following act of the Council of the District of Columbia (published with this notice)
authorizing the issuance of general obligation bonds has taken effect. As provided in the District
of Columbia Self-Government and Governmental Reorganization Act, the time within which a
suit, action, or proceeding questioning the validity of such bonds may be commenced expires at
the end of the 20-day period beginning on the date of the first publication of this notice.

“_______________ ,

“Mayor.”

(b) Neither the failure to publish the notice provided for in subsection (a) [of this section]
nor any error in any publication of such notice shall impair the effectiveness of the act of the
Council authorizing the issuance of such bonds or the validity of any bond issued pursuant to such
act.

SHORT PERIOD OF LIMITATION

SEC. 464. [D.C. Code 47-324] (a) At the end of the 20-day period beginning on the
date of the first publication pursuant to the notice in section 463(a) [D.C. Code 47-323(a)] that
an act authorizing the issuance of general obligation bonds has taken effect:

(1) Any recital or statement of fact contained in such act or in the preamble or title
of such act shall be deemed to be true for the purpose of determining the validity of the bonds
authorized by such act, and the District and all others interested shall be estopped from denying
any such recital or statement of fact; and

(2) Such act, and all proceedings in connection with the authorization of the
issuance of such bonds including any election held on the question of issuing such bonds, shall be
deemed to have been duly and regularly taken, passed, and done by the District, in compliance
with this Act and all other applicable laws, for the purpose of determining the validity of such act
and proceedings; and no court shall have jurisdiction in any suit, action, or proceeding questioning
the validity of such act or proceedings except in a suit, action, or proceeding commenced before
the end of such 20-day period.

(b) At the end of the 20-day period beginning on the date of the first publication pursuant
to the notice in section 463(a) [D.C. Code 47-323(a)] that an act authorizing the issuance of
general obligation bonds has taken effect, no court shall have jurisdiction in any suit, action, or
proceeding questioning the validity of any general obligation bond issued pursuant to such act if:

(1) Such general obligation bond was purchased in good faith and for fair value;
and

(2) Such general obligation bond contains substantially the following statement
which shall bind the District of Columbia:

“It is hereby certified and recited that all conditions, acts, and things required by
the District of Columbia Self-Government and Governmental Reorganization Act
and other applicable laws to exist, to have happened, and to have been performed
precedent to and in the issuance of this bond exist, have happened, and have been
performed and that the issue of bonds, of which this is one, together with all other
indebtedness of the District of Columbia, is within every debt and other limit
prescribed by law.”

ISSUANCE OF GENERAL OBLIGATION BONDS

SEC. 465. [D.C. Code 47-325] (a) After an act of the Council authorizing the issuance
of general obligation bonds under section 461(a) [D.C. Code 47-321(a)] takes effect, the Mayor
may issue such general obligation bonds as authorized by such act of the Council. An issue of
general obligation bonds may be all or any part of the aggregate principal amount of bonds
authorized by such act.

(b) The principal amount of the general obligation bonds of each issue shall be payable in
annual installments beginning not more than three years after the date of such bonds and ending
not more than thirty years after such date.

(c) The general obligation bonds of each issue shall be executed by the manual or
facsimile signature of such officials as may be designated to sign such bonds by the act of the
Council authorizing the issuance of the bonds, except that at least one such signature shall be
manual. Coupons attached to the bonds shall be authenticated by the facsimile signature of the
Mayor unless the Council provides otherwise.

PUBLIC OR PRIVATE SALE

SEC. 466. [D.C. Code 47-326] (a) General obligation bonds issued under this part may
be sold at private sale on a negotiated basis (in such manner as the Mayor may determine to be in
the public interest), or may be sold at public sale upon sealed proposals after publication of a
notice of such sale at least once not less than ten days prior to the date fixed for sale in a daily
newspaper carrying municipal bond notices and devoted primarily to financial news or to the
subject of state and municipal bonds published in the city of New York, (New York), and in 1 or
more newspapers of general circulation published in the District. Such notice shall state, among
other things, that no proposal shall be considered unless there is deposited with the District as a
down-payment a certified check or cashier’s check for an amount equal to at least two per centum
of the par amount of general obligation bonds bid for, and the Mayor shall reserve the right to
reject any and all bids.

AUTHORITY TO CREATE SECURITY INTERESTS IN DISTRICT REVENUES

SEC. 467. [D.C. Code 47-326.1]. (a) IN GENERAL.–An act of the Council
authorizing the issuance of general obligation bonds or notes under section 461, section 471(a),
section 472(a), or section 475(a) [D.C. Code 47-321(a), 47-327(a), 47-328(a), or 47-330.1(a),
respectively] may create a security interest in any District revenues as additional security for the
payment of the bonds or notes authorized by such act.

(b) CONTENTS OF ACTS.–Any such act creating a security interest in District revenues
may contain provisions (which may be part of the contract with the holders of such bonds or
notes):

(1) Describing the particular District revenues which are subject to such security
interest;

(2) Creating a reasonably required debt service reserve fund or any other special
fund;

(3) Authorizing the Mayor of the District to execute a trust indenture securing the
bonds or notes;

(4) Vesting in the trustee under such a trust indenture such properties, rights,
powers, and duties in trust as may be necessary, convenient, or desirable;

(5) Authorizing the Mayor of the District to enter into and amend agreements
concerning:

(A) The custody, collection, use, disposition, security, investment, and
payment of the proceeds of the bonds or notes and the District revenues which are subject to such
security interest; and

(B) The doing of any act (or the refraining from doing any act) that the
District would have the right to do in the absence of such an agreement;

(6) Prescribing the remedies of the holders of the bonds in the event of a default;
and

(7) Authorizing the Mayor of the District to take any other actions in connection
with the issuance, sale, delivery, security, and payment of the bonds or notes.

(c) TIMING AND PERFECTION OF SECURITY INTERESTS.–Notwithstanding
article 9 of title 28 of the District of Columbia Code, any security interest in District revenues
created under subsection (a) [of this section] shall be valid, binding, and perfected from the time
such security interest is created, with or without the physical delivery of any funds or any other
property and with or without any further action. Such security interest shall be valid, binding, and
perfected whether or not any statement, document, or instrument relating to such security interest
is recorded or filed. The lien created by such security interest is valid, binding, and perfected with
respect to any individual or legal entity having claims against the District, whether or not such
individual or legal entity has notice of such lien.

(d) OBLIGATIONS AND EXPENDITURES NOT SUBJECT TO APPROPRIATION.–The 4th sentence of section 446 [D.C. Code 47-304] shall not apply to any obligation or
expenditure of any District revenues to secure any general obligation bond or note under
subsection (a) [of this section].

Subpart 2 — Short-Term Borrowing

BORROWING TO MEET APPROPRIATIONS

SEC. 471. [D.C. Code 47-327]. (a) In the absence of unappropriated revenues available
to meet appropriations made pursuant to section 446 [D.C. Code 47-304], the Council may by
act authorize the issuance of general obligation notes. The total amount of all such general
obligation notes originally issued during a fiscal year shall not exceed 2 per centum of the total
appropriations for the District for such fiscal year.

(b) Any general obligation note issued under subsection (a) [of this section], as authorized
by an act of the Council, may be renewed. Any such note, including any renewal of such note,
shall be due and payable not later than the last day of the fiscal year occurring immediately after
the fiscal year during which the act authorizing the original issuance of such note takes effect.

(c) The 4th sentence of section 446 [D.C. Code 47-304] shall not apply to any amount
obligated or expended by the District for the payment of the principal of, interest on, or
redemption premium for any general obligation note issued under subsection (a) [of this section].

BORROWING IN ANTICIPATION OF REVENUES

SEC. 472. [D.C. Code 47-328] (a) IN GENERAL.–In anticipation of the collection or
receipt of revenues for a fiscal year, the Council may by act authorize the issuance of general
obligation notes for such fiscal year, to be known as revenue anticipation notes.

(b) LIMIT ON AGGREGATE NOTES OUTSTANDING.–The total amount of all
revenue anticipation notes issued under subsection (a) [of this section] outstanding at any time
during a fiscal year shall not exceed 20 percent of the total anticipated revenue of the District for
such fiscal year, as certified by the Mayor under this subsection. The Mayor shall certify, as of a
date which occurs not more than 15 days before each original issuance of such revenue
anticipation notes, the total anticipated revenue of the District for such fiscal year.

(c) PERMITTED OUTSTANDING DURATION.–Any revenue anticipation note issued
under subsection (a) [of this section] may be renewed. Any such note, including any renewal of
such note, shall be due and payable not later than the last day of the fiscal year during which the
note was originally issued.

(d) EFFECTIVE DATE OF AUTHORIZATION ACTS; PAYMENTS NOT SUBJECT
TO APPROPRIATION.–

(1) EFFECTIVE DATE.–Notwithstanding section 602(c)(1) [D.C. Code
1-233(c)(1)], any act of the Council authorizing the issuance of revenue anticipation notes under
subsection (a) [of this section] shall take effect–

(A) if such act is enacted during a control year (as defined in section 305(4)
of the District of Columbia Financial Responsibility and Management Assistance Act of 1995)
[D.C. Code 47-393(4)], on the date of approval by the District of Columbia Financial
Responsibility and Management Assistance Authority; or

(B) if such act is enacted during any other year, on the date of enactment of
such act.

(2) PAYMENTS NOT SUBJECT TO APPROPRIATION.– The fourth sentence
of section 446 [D.C. Code 47-304] shall not apply to any amount obligated or expended by the
District for the payment of the principal of, interest on, or redemption premium for any revenue
anticipation note issued under subsection (a) [of this section].

NOTES REDEEMABLE PRIOR TO MATURITY

SEC. 473. [D.C. Code 47-329] No notes issued pursuant to this part shall be made
payable on demand, but any note may be made subject to redemption prior to maturity on such
notice and at such time as may be stated in the note.

SALES OF NOTES

SEC. 474. [D.C. Code 47-330] All notes issued pursuant to this part may be sold at not
less than par and accrued interest at private sale without previous advertising.

BOND ANTICIPATION NOTES

SEC. 475. [D.C. Code 47-330.1] (a) AUTHORIZING ISSUANCE.–

(1) IN GENERAL.–In anticipation of the issuance of general obligation bonds, the
Council may by act authorize the issuance of general obligation notes to be known as bond
anticipation notes in accordance with this section.

(2) PURPOSES; PERMITTING ISSUANCE OF GENERAL OBLIGATION
BONDS TO COVER INDEBTEDNESS.–The proceeds of bond anticipation notes issued under
this section shall be used for the purposes for which general obligation bonds may be issued under
section 461 [D.C. Code 47-321], and such notes shall constitute indebtedness which may be

refunded through the issuance of general obligation bonds under such section.

(b) MAXIMUM ANNUAL DEBT SERVICE AMOUNT.–The Act of the Council

authorizing the issuance of bond anticipation notes shall set forth for the bonds anticipated by
such notes an estimated maximum annual debt service amount based on an estimated schedule of
annual principal payments and an estimated schedule of annual interest payments (based on an
estimated maximum average annual interest rate for such bonds over a period of 30 years from the
earlier of the date of issuance of the notes or the date of original issuance of prior notes in
anticipation of those bonds). Such estimated maximum annual debt service amount as estimated at
the time of issuance of the original bond anticipation notes shall be included in the calculation
required by section 603(b) [D.C. Code 47-313(b)] while such notes or renewal notes are
outstanding.

(c) PERMITTED OUTSTANDING DURATION.–Any bond anticipation note, including
any renewal note, shall be due and payable not later than the last day of the third fiscal year
following the fiscal year during which the note was originally issued.

(d) GENERAL AUTHORITY OF COUNCIL.–If provided for in [an] Act of the Council
authorizing such an issue of bond anticipation notes, bond anticipation notes may be issued in
succession, in such amounts, at such times, and bearing interest rates within the permitted
maximum authorized by such Act.

(e) EFFECTIVE DATE OF AUTHORIZATION ACTS; PAYMENTS NOT SUBJECT

TO APPROPRIATION.–

(1) EFFECTIVE DATE.– Notwithstanding section 602(c)(1) [D.C. Code 1-233(c)(1)], any act of the Council authorizing the renewal of bond anticipation notes under
subsection (c) [of this section] or the issuance of general obligation bonds under section 461(a)
[D.C. Code 47-321(a)] to refund any bond anticipation notes shall take effect–

(A) if such act is enacted during a control year (as defined in section 305(4)
of the District of Columbia Financial Responsibility and Management Assistance Act of 1995[,
approved April 17, 1995 ( 109 Stat. 152; D.C. Code 47-393(4))]), on the date of approval by
the District of Columbia Financial Responsibility and Management Assistance Authority; or

(B) if such act is enacted during any other year, on the date of enactment of
such act.

(2) PAYMENT NOT SUBJECT TO APPROPRIATION.–The fourth sentence of
[section] 446 [D.C. Code 47-304] shall not apply to any amount obligated or expended by the
District for the payment of the principal of, interest on, or redemption premium for any bond
anticipation note issued under this section.

Subpart 3 — Payment of Bonds and Notes

SPECIAL TAX

SEC. 481. [D.C. Code 47-331] (a) Any act of the Council authorizing the issuance of
general obligation bonds under section 461(a) [D.C. Code 47-321(a)] shall provide for the
annual levy of a special tax or charge, if the Council determines that such tax or charge is
necessary. Such tax or charge shall be levied, without limitation as to rate or amount, in amounts
which together with other District revenues available and applicable will be sufficient to pay the
principal of and interest on such general obligation bonds as they become due and payable. Such
tax or charge shall be levied and collected at the same time and in the same manner as other
District taxes are levied and collected, and when collected shall be set aside in a separate debt
service fund and irrevocably dedicated to the payment of such principal and interest.

(b) The Comptroller General of the United States shall make annual audits of the amounts
set aside and deposited in each debt service fund pursuant to subsection (a) [of this section].

FULL FAITH AND CREDIT OF THE DISTRICT

SEC. 482. [D.C. Code 47-331.1] The full faith and credit of the District is pledged for
the payment of the principal of and interest on any general obligation bond or note issued under
section 461(a), section 471(a), or section 472(a) [D.C. Code 47-321(a), 47-327(a), or
47-328(a)], whether or not such pledge is stated in such bond or note or in the act authorizing the
issuance of such bond or note.

PAYMENT OF THE GENERAL OBLIGATION BONDS AND NOTES

SEC. 483. [D.C. Code 47-331.2] (a) The Council shall provide in each annual budget
for the District of Columbia government for a fiscal year adopted by the Council pursuant to
section 446 [D.C. Code 47-304] sufficient funds to pay the principal of and interest on all
general obligation bonds or notes issued under section 461(a), section 471(a), or section 472(a)
[D.C. Code 47-321(a), 47-327(a), or 47-328(a)] becoming due and payable during such
fiscal year.

(b) The Mayor shall insure that the principal of and interest on all general obligation
bonds and notes issued under section 461(a), section 471(a), or section 472(a) [D.C. Code
47-321(a), 47-327(a), or 47-328(a) are paid when due, including by paying such principal
and interest from funds not otherwise legally committed.

(c) [Repealed by section 11601(b)(1)(B) of the National Capital Revitalization and Self-Government Improvement Act of 1997, approved August 5, 1997 (P.L. 105-33; 111 Stat. 251.]

(d) The 4th sentence of section 446 [D.C. Code 47-304] shall not apply to:

(1) Any amount set aside in a debt service fund under section 481(a) [D.C. Code
47-331(a)];

(2) Any amount obligated or expended for the payment of the principal of, interest
on, or redemption premium for any general obligation bond or note issued under section 461(a),
section 471(a), or section 472(a) [D.C. Code 47-321(a), 47-327(a), or 47-328(a)];

(3) Any amount obligated or expended as provided by the Council in any annual
budget for the District of Columbia government pursuant to subsection (a) [of this section] or as
provided by any amendment or supplement to such budget; or

(4) Any amount obligated or expended by the Mayor pursuant to subsection (b) or
(c) [of this section].

Subpart 4 — Full Faith and Credit of the Unites States

FULL FAITH AND CREDIT OF UNITED STATES NOT PLEDGED

SEC. 484. [D.C. Code 47-331.3] The full faith and credit of the United States is not
pledged for the payment of any principal of or interest on any bond, note, or other obligation
issued by the District under this part. The United States is not responsible or liable for the
payment of any principal of or interest on any bond, note, or other obligation issued by the
District under this part.

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

Reservoirs; Metro Contributions; and Revenue Bonds

TAX EXEMPTION

SEC. 485. [D.C. Code 47-332] Bonds and notes issued by the Council pursuant to this
title and the interest thereon shall be exempt from all federal and District taxation except estate,
inheritance, and gift taxes.

LEGAL INVESTMENT

SEC. 486. [D.C. Code 47-333] Notwithstanding any restriction on the investment of
funds by fiduciaries contained in any other law, all domestic insurance companies, domestic
insurance associations, executors, administrators, guardians, trustees, and other fiduciaries within
the District may legally invest any sinking funds, moneys, trust funds, or other funds belonging to
them or under or within their control in any bonds issued pursuant to this title, it being the
purpose of this section to authorize the investment in such bonds or notes of all sinking,
insurance, retirement, compensation, pension, and trust funds. National banking associations are
authorized to deal in, underwrite, purchase and sell, for their own accounts or for the accounts of
customers, bonds and notes issued by the Council to the same extent as national banking
associations are authorized by paragraph seven of section 5136 of the Revised Statutes (12
U.S.C. 24), to deal in, underwrite, purchase and sell obligations of the United States, states, or
political subdivisions thereof. All federal building and loan associations and federal savings and
loan associations; and banks, trust companies, building and loan associations, and savings and
loan associations, domiciled in the District, may purchase, sell, underwrite, and deal in, for their
own account or for the account of others, all bonds or notes issued pursuant to this title. Nothing
contained in this section shall be construed as relieving any person, firm, association, or
corporation from any duty of exercising due and reasonable care in selecting securities for
purchase or investment.

WATER POLLUTION

SEC. 487. [D.C. Code 43-1615] (a) The Mayor shall annually estimate the amount of
the District’s principal and interest expense which is required to service District obligations
attributable to the Maryland and Virginia pro rata share of District sanitary sewage water works
and other water pollution projects which provide service to the local jurisdictions in those states.
Such amounts as determined by the Mayor pursuant to the agreements described in subsection (b)
[of this section] shall be used to exclude the Maryland and Virginia share of pollution projects
cost from the limitation on the District’s capital project obligations as provided in section 603(b)

[D.C. Code 47-313 (b)].

(b) The Mayor shall enter into agreements with the states and local jurisdictions
concerned for annual payments to the District of rates and charges for waste treatment services in
accordance with the use and benefits made and derived from the operation of the said waste
treatment facilities. Each such agreement shall require that the estimated amount of such rates and
charges will be paid in advance, subject to adjustment after each year. Such rates and charges shall
be sufficient to cover the cost of construction, interest on capital, operation and maintenance, and
the necessary replacement of equipment during the useful life of the facility.

COST OF RESERVOIRS ON POTOMAC RIVER

SEC. 488. [D.C. Code 43-1553] (a) The Mayor is authorized to contract with the
United States, any state in the Potomac River basin, any agency or political subdivision thereof,
and any other competent state or local authority, with respect to the payment by the District to
the United States, either directly or indirectly, of the District’s equitable share of any part or parts
of the non-federal portion of the costs of any reservoirs authorized by the Congress for
construction on the Potomac River or any of its tributaries. Every such contract may contain such
provisions as the Mayor may deem necessary or appropriate.

(b) Unless hereafter otherwise provided by legislation enacted by the Council, all
payments made by the District and all moneys received by the District pursuant to any contract
made under the authority of this Act shall be paid from, or be deposited in, a fund designated by
the Mayor. Charges for water delivered from the District water system for use outside the District
may be adjusted to reflect the portions of any payments made by the District under contracts
authorized by this Act which are equitably attributable to such use outside the District.

(c) There are hereby authorized to be appropriated such sums as may be necessary to
carry out the purposes of this section.

DISTRICT’S CONTRIBUTIONS TO THE WASHINGTON METROPOLITAN AREA

TRANSIT AUTHORITY

SEC. 489. [D.C. Code 1-2455] Notwithstanding any provision of law to the contrary,
beginning with fiscal year 1976 the District share of the cost of the Adopted Regional System
described in this National Capital Transportation Act of 1969 (83 Stat. 320), may be payable from
the proceeds of the sale of District general obligation bonds issued pursuant to this title.

REVENUE BONDS AND OTHER OBLIGATIONS

SEC. 490 [D.C. Code 47-334]. (a)(1) Subject to paragraph (2) [of this subsection], the
Council may by act or by resolution authorize the issuance of taxable and tax-exempt revenue
bonds, notes, or other obligations to borrow money to finance, refinance, or reimburse and to
assist in the financing, refinancing, or reimbursing of or for capital projects and other undertakings
by the District or by any District instrumentality, or on behalf of any qualified applicant, including
capital projects or undertakings in the areas of housing; health facilities; transit and utility
facilities; manufacturing; sports, convention, and entertainment facilities; recreation, tourism and
hospitality facilities; facilities to house and equip operations of the District government or its
instrumentalities; public infrastructure development and redevelopment; elementary, secondary
and college and university facilities; educational programs which provide loans for the payment of
educational expenses for or on behalf of students; facilities used to house and equip operations
related to the study, development, application, or production of innovative commercial or
industrial technologies and social services; water and sewer facilities (as defined in paragraph (5)
[of this subsection]); pollution control facilities; solid and hazardous waste disposal facilities;
parking facilities, industrial and commercial development; authorized capital expenditures of the
District; and any other property or project that will, as determined by the Council, contribute to
the health, education, safety, or welfare, of, or the creation or preservation of jobs for, residents
of the District, or to economic development of the District, and any facilities or property, real or
personal, used in connection with or supplementing any of the foregoing; lease-purchase financing
of any of the foregoing facilities or property; and any costs related to the issuance, carrying,
security, liquidity or credit enhancement of or for revenue bonds, notes, or other obligations,
including, capitalized interest and reserves, and the costs of bond insurance, letters of credit, and
guaranteed investment, forward purchase, remarketing, auction, and swap agreements. Any such
financing, refinancing, or reimbursement may be effected by loans made directly or indirectly to
any individual or legal entity, by the purchase of any mortgage, note, or other security, or by the
purchase, lease, or sale of any property.

(2) Any revenue bond, note, or other obligation issued under paragraph (1) [of this
subsection] shall be a special obligation of the District and shall be a negotiable instrument,
whether or not such revenue bond, note, or other obligation is a security as defined in section
28:8-102(1)(a) of title 28 of the District of Columbia Code [D.C. Code 28:8-102(1)(a)].

(3) Any revenue bond, note, or other obligation issued under paragraph (1) [of this
subsection] shall be paid and secured (as to principal, interest, and any premium) as provided by
the act or resolution of the Council authorizing the issuance of such revenue bond, note, or other
obligation. Any act or resolution of the Council, or any delegation of Council authority under
subsection (a)(6) [of this section], authorizing the issuance of revenue bonds, notes, or other
obligations may provide for (A) the payment of such revenue bonds, notes, or other obligations
from any available revenues, assets, property (including water and sewer enterprise fund revenues,
assets, or other property in the case of bonds, notes, or obligations issued with respect to water
and sewer facilities), and (B) the securing of such revenue bond, note, or other obligation by the
mortgage of real property or the creation of a security interest in available revenues, assets, or
other property (including water and sewer enterprise fund revenues, assets, or other property in
the case of bonds, notes, or obligations issued with respect to water and sewer facilities).

(4)(A) In authorizing the issuance of any revenue bond, note, or other obligation
under paragraph (1) [of this subsection], the Council may enter into, or authorize the Mayor to
enter into, any agreement concerning the acquisition, use, or disposition of any available revenues,
assets, or property. Any such agreement may create a security interest in any available revenues,
assets, or property, may provide for the custody, collection, security, investment, and payment of
any available revenues (including any funds held in trust) for the payment of such revenue bond,
note, or other obligation, may mortgage any property, may provide for the acquisition,
construction, maintenance, and disposition of the undertaking financed or refinanced using the
proceeds of such revenue bond, note, or other obligation, and may provide for the doing of any
act (or the refraining from doing of any act) which the District has the right to do in the absence
of such agreement. Any such agreement may be assigned for the benefit of, or made a part of any
contract with, any holder of such revenue bond, note, or other obligation issued under paragraph
(1) [of this subsection].

(B) Notwithstanding article 9 of title 28 of the District of Columbia Code,
any security interest created under subparagraph (A) [of this paragraph] shall be valid, binding,
and perfected from the time such security interest is created, with or without the physical delivery
of any funds or any other property and with or without any further action. Such security interest
shall be valid, binding, and perfected whether or not any statement, document, or instrument
relating to such security interest is recorded or filed. The lien created by such security interest is
valid, binding, and perfected with respect to any individual or legal entity having claims against
the District, whether or not such individual or legal entity has notice of such lien.

(C) Any funds of the District held for the payment or security of any
revenue bond, note, or other obligation issued under paragraph (1) [of this subsection], whether
or not such funds are held in trust, may be secured in the manner agreed to by the District and any
depository of such funds. Any depository of such funds may give security for the deposit of such
funds.

(5) In paragraph (1) [of this subsection], the term “water and sewer facilities”
means facilities for the obtaining, treatment, storage, and distribution of water, the collection,
storage, treatment, and transportation of wastewater, storm drainage, and the disposal of liquids
and solids resulting from treatment.

(6)(A) The Council may by act delegate to any District instrumentality the
authority of the Council under subsection (a)(1) [of this section] to issue taxable or tax-exempt
revenue bonds, notes, or other obligations to borrow money for the purposes specified in this
subsection. For purposes of this paragraph, the Council shall specify for what undertakings
revenue bonds, notes, or other obligations may be issued under each delegation made pursuant to
this paragraph. Any District instrumentality may exercise the authority and the powers incident
thereto delegated to it by the Council as described in the first sentence of this paragraph only in
accordance with this paragraph and shall be consistent with this paragraph and the terms of the
delegation.

(B) Revenue bonds, notes, or other obligations issued by a

District instrumentality under a delegation of authority described in subparagraph (A) [of this
paragraph] shall be issued by resolution of that instrumentality, and any such resolution shall not
be considered to be an act of the Council.

(C) Nothing in this paragraph shall be construed as restricting, impairing,
or superseding the authority otherwise vested by law in any District instrumentality.

(b) No property owned by the United States may be mortgaged or made subject to any
security interest to secure any revenue bond, note, or other obligation issued under subsection
(a)(1) [of this section].

(c) Any and all such revenue bonds, notes, or other obligations issued under subsection
(a)(1) [of this section] shall not be general obligations of the District and shall not be a pledge of
or involve the faith and credit or the taxing power of the District (other than with respect to any
dedicated taxes) and shall not constitute a debt of the District, and shall not constitute lending of
the public credit for private undertakings for purposes of section 602(a)(2) [D.C. Code
1-233(a)(2)].

(d) Any and all such bonds, notes, or other obligations shall be issued pursuant to an act
of the Council without the necessity of submitting the question of such issuance to the registered
qualified electors of the District for approval or disapproval.

(e) Any act of the Council authorizing the issuance of revenue bonds, notes, or other
obligations under subsection (a)(1) [of this section] may–

(1) Briefly describe the purpose for which such bonds, notes, or other obligations
are to be issued;

(2) Identify the act authorizing such purpose;

(3) Prescribe the form, terms, provisions, manner, and method of issuing and
selling (including sale by negotiation or by competitive bid) such bonds, notes, or other
obligations;

(4) Provide for the rights and remedies of the holders of such bonds, notes, or
other obligations upon default;

(5) Prescribe any other details with respect to the issuance, sale, or securing of
such bonds, notes, or other obligations; and

(6) Authorize the Mayor to take any actions in connection with the issuance, sale,
delivery, security, and payment of such bonds, notes, or other obligations, including the
prescribing of any terms or conditions not contained in such act of the Council.

(f) The 4th sentence of section 446 [D.C. Code 47-304] shall not apply to–

(1) Any amount (including the amount of any accrued interest or premium)
obligated or expended from the proceeds of the sale of any revenue bond, note, or other
obligation issued under subsection (a)(1) [of this section];

(2) Any amount obligated or expended for the payment of the principal of, interest
on, or any premium for any revenue bond, note, or other obligation issued under subsection (a)(1)
[of this section];

(3) Any amount obligated or expended pursuant to provisions made to secure any
revenue bond, note, or other obligation issued under subsection (a)(1) [of this section]; and

(4) Any amount obligated or expended pursuant to commitments made in
connection with the issuance of revenue bonds, notes, or other obligations for repair,
maintenance, and capital improvements relating to undertakings financed through any revenue
bond, note, or other obligation issued under subsection (a)(1) [of this section].

(g) (1) The Council may delegate to any housing finance agency established by it
(whether established before or after April 12, 1980) the authority of the Council under subsection
(a) [of this section] to issue revenue bonds, notes, and other obligations to borrow money to
finance or assist in the financing of undertakings in the area of primarily low- and
moderate-income housing. The Council shall define for the purposes of the preceding sentence
what undertakings shall constitute undertakings in the area of primarily low- and
moderate-income housing. Any such housing finance agency may exercise authority delegated to
it by the Council as described in the first sentence of this paragraph (whether such delegation is
made before or after April 12, 1980) only in accordance with this subsection.

(2) Revenue bonds, notes, and other obligations issued by a housing finance
agency of the District under a delegation of authority described in paragraph (1) [of this
subsection] shall be issued by resolution of the agency, and any such resolution shall not be
considered to be an act of the Council.

(3) The 4th sentence of section 446 [D.C. Code 47-304] shall not apply to–

(A) Any amount (including the amount of any accrued interest or premium)
obligated or expended from the proceeds of the sale of any revenue bond, note, or other
obligation issued under subsection (g)(1) [paragraph (1) of this subsection];

(B) Any amount obligated or expended for the payment of the principal of,
interest on, or any premium for any revenue bond, note, or other obligation issued under
subsection (g)(1) [paragraph (1) of this subsection]; and

(C) Any amount obligated or expended to secure any revenue bond, note,
or other obligation issued under subsection (g)(1) [paragraph (1) of this subsection].

(h) (1) The Council may delegate to the District of Columbia Water and Sewer Authority
established pursuant to the Water and Sewer Authority Establishment and Department of Public
Works Reorganization Act of 1996[, effective April 18, 1996 (D.C. Law 11-111; D.C. Code
43-1661 et seq.)] the authority of the Council under subsection (a) [of this section] to issue
revenue bonds, notes, and other obligations to borrow money to finance or assist in the financing
or refinancing of undertakings in the area of utilities facilities, pollution control facilities, and
water and sewer facilities (as defined in subsection (a)(5) [of this section]). The Authority may
exercise authority delegated to it by the Council as described in the first sentence of this
paragraph (whether such delegation is made before or after the date of enactment of this
subsection [August 6, 1996]) only in accordance with this subsection.

(2) Revenue bonds, notes, and other obligations issued by the District of
Columbia Water and Sewer Authority under a delegation of authority described in paragraph (1)
[of this subsection] shall be issued by resolution of the Authority, and any such resolution shall
not be considered to be an act of the Council.

(3) The fourth sentence of section 446 [D.C. Code 47-304] shall not
apply to–

(A) Any amount (including the amount of any accrued interest or
premium) obligated or expended from the proceeds of the sale of any revenue bond, note, or
other obligation issued pursuant to this subsection;

(B) Any amount obligated or expended for the payment of the
principal of interest on, or any premium for any revenue bond, note, or other obligation issued
pursuant to this subsection;

(C) Any amount obligate or expended to secure any revenue bond,
not, or other obligation issued pursuant to this subsection; or

(D) Any amount obligated or expended for repair, maintenance, and
capita improvements to facilities financed pursuant to this subsection.

(i) The revenue bonds, notes, or other obligations issued under subsection (a)(1) [of this
section] are not general obligation bonds of the District government and shall not be included in
determining the aggregate amount of all outstanding obligations subject to the limitation specified
in section 603(b) [D.C. Code 47-313(b)].

(j) The issuance of revenue bonds, notes, or other obligations by the District where the
ultimate obligation to repay such revenue bonds, notes, or other obligations is that of one or more

non-governmental persons or entities may be authorized by resolution of the Council. The
issuance of all other revenue bonds, notes, or other obligations by the District shall be authorized
by act of the Council.

(k) During any control period (as defined in section 209 of the District of Columbia
Financial Responsibility and Management Assistance Act of 1995 [, approved April 17, 1995 (
109 Stat. 136; D.C. Code 47-392.9)]), any act or resolution of the Council authorizing the
issuance of revenue bonds, notes, or other obligations under subsection (a)(1) [of this section]
shall be submitted to the District of Columbia Financial Responsibility and Management
Assistance Authority for certification in accordance with section 204 of that Act [D.C. Code
47-392.4]. Any certification issued by the Authority during a control period shall be effective for
purposes of this subsection for revenue bonds, notes, or other obligations issued pursuant to such
act or resolution of the Council whether the revenue bonds, notes, or other obligations are issued
during or subsequent to that control period.

(l) The following provisions of law shall not apply with respect to property acquired, held,
and disposed of by the District in accordance with the terms of any lease-purchase financing
authorized pursuant to subsection (a)(1) [of this section]:

(1) The Act entitled “An Act authorizing the sale of certain real estate in the
District of Columbia no longer required for public purposes”, approved August 5, 1939 (53 Stat.
1211; DC Code sec. 9-401 et seq.) [D.C. Code 9-401 et seq.].

(2) Subchapter III of chapter 13 of title 16, District of Columbia Code.

(3) Any other provision of District of Columbia law that prohibits or restricts
lease-purchase financing.

(m) For purposes of this section, the following definitions shall apply:

(1) The term “revenue bonds, notes, or other obligations” means special fund
bonds, notes, or other obligations (including refunding bonds, notes, or other obligations) used to
borrow money to finance, assist in financing, refinance, or repay, restore or reimburse moneys
used for purposes referred to in subsection (a)(1) [of this section] the principal of and interest, if
any, on which are to be paid and secured in the manner described in this section and which are
special obligations and to which the full faith and credit of the District of Columbia is not pledged.

(2) The term “District instrumentality” means any agency or instrumentality
(including an independent agency or instrumentality), authority, commission, board, department,
division, office, body, or officer of the District of Columbia government duly established by an act
of the Council or by the laws of the United States, whether established before or after the date of
enactment of the District of Columbia Bond Financing Improvements Act of 1997 [August 5,
1997].

(3) The term “available revenues” means gross revenues and receipts, other than
general fund tax receipts, lawfully available for the purpose and not otherwise exclusively
committed to another purpose, including enterprise funds, grants, subsidies, contributions, fees,
dedicated taxes and fees, investment income and proceeds of revenue bonds, notes, or other
obligations issued under this section.

(4) The term “enterprise fund” means a fund or account for operations that are
financed or operated in a manner similar to private business enterprises, or established so that
separate determinations may more readily be made periodically of revenues earned, expenses
incurred, or net income for management control, accountability, capital maintenance, public

policy, or other purposes.

(5) The term “dedicated taxes and fees” means taxes and surtaxes, portions
thereof, tax increments, or payments in lieu of taxes, and fees that are dedicated pursuant to law
to the payment of the debt service on revenue bonds, notes, or other obligations authorized under
this section, the provision and maintenance of reserves for that purpose, or the provision of
working capital for or the maintenance, repair, reconstruction or improvement of the undertaking
to which the revenue bonds, notes, or other obligations relate.

(6) The term “tax increments” means taxes, other than the special tax provided for
in section 481 [D.C. Code 47-331] and pledged to the payment of general obligation
indebtedness of the District, allocable to the increase in taxable value of real property or the
increase in sales tax receipts, each from a certain date or dates, in prescribed areas, to the extent
that such increases are not otherwise exclusively committed to another purpose and as further
provided for pursuant to an act of the Council.

PART F — INDEPENDENT AGENCIES

BOARD OF ELECTIONS

SEC. 491. [Amendment to D.C. Code 1-1303] Section 3 of the District of Columbia
Elections Act (D.C. Code, sec. 1-1303) is amended to read as follows:

“SEC. 3. (a) There is created a District of Columbia Board of Elections and Ethics
(hereafter in this subchapter referred to as the ‘Board’), to be composed of three members, no
more than two of whom shall be of the same political party, appointed by the Mayor, with the
advice and consent of the Council. Members shall be appointed to serve for terms of three years,
except the members first appointed under this subchapter. One member shall be appointed to
serve for a one-year term, one member shall be appointed to serve for a two-year term, and one
member shall be appointed to serve for a three-year term, as designated by the Mayor.

“(b) Any person appointed to fill a vacancy on the Board shall be appointed only for the
unexpired term of the member whose vacancy he or she is filling.

“(c) A member may be reappointed, and, if not reappointed, the member shall serve until
his successor has been appointed and qualifies.

“(d) The Mayor shall, from time to time, designate the Chairman of the Board.”[.]

ZONING COMMISSION

SEC. 492 (a). [Amendment to D.C. Code 5-412] (a) The first sentence of the Act of
March 1, 1920 (D.C. Code, sec. 5-412), is amended to read as follows: “That (a) to protect the
public health, secure the public safety, and to protect property in the District of Columbia there is
created a Zoning Commission for the District of Columbia, which shall consist of the Architect of
the Capitol, the Director of the National Park Service, and three members appointed by the
Mayor, by and with the advice and consent of the Council. Each member appointed by the Mayor
shall serve for a term of 4 years, except of the members first appointed under this section–

“1) One member shall serve for a term of two years, as determined by the Mayor;

“(2) One member shall serve for a term of three years, as determined by the
Mayor; and

“(3) One member shall serve for a term of four years, as determined by the Mayor.

‘(b) Members of the Zoning Commission appointed by the Mayor shall be entitled to
receive compensation as determined by the Mayor, with the approval of a majority of the Council.
The remaining members shall serve without additional compensation.

“(c) Members of the Zoning Commission appointed by the Mayor may be reappointed.
Each member shall serve until his successor has been appointed and qualifies.

“(d) The Chairman of the Zoning Commission shall be selected by the members.

“(e) The Zoning Commission shall exercise all the powers and perform all the duties with
respect to zoning in the District as provided by law.”[.]

(b) The Act if June 20, 1938 (D.C. Code, sec. 5-413, et seq.), is amended as follows:

(1) [Amendment to D.C. Code 5-414] The first sentence of section 2 of such
Act (D.C. Code, sec. 5-414) is amended by striking out “Such regulations shall be made in
accordance with a comprehensive plan and” and inserting in lieu thereof “Zoning maps and
regulations, and amendments thereto, shall not be inconsistent with the comprehensive plan for
the national capital, and zoning regulations shall be”.

(2) [Amendment to D.C. Code 5-417] Section 5 of such Act (D.C. Code, sec.
5-417) is amended to read as follows:

“SEC. 5. (a) No zoning regulation or map, or any amendment thereto, may be adopted
by the Zoning Commission until the Zoning Commission–

“(1) has held a public hearing, after notice, on such proposed regulation, map, or
amendment; and

“(2) after such public hearing, submitted such proposed regulation, map, or
amendment to the National Capital Planning Commission for comment and review.

If the National Capital Planning Commission fails to submit its comments regarding any such
regulation, map, or amendment within 30 days after submission of such regulation, map, or
amendment to it, then the Zoning Commission may proceed to act upon the proposed regulation,
map, or amendment without further comment from the National Capital Planning Commission.

“(b) The notice required by clause (1) of subsection (a) [of this section] shall be published
at least thirty days prior to such public hearing and shall include a statement as to the time and
place of the hearing and a summary of all changes in existing zoning regulations which would be
made by adoption of the proposed regulation, map, or amendment. The Zoning Commission shall
give such additional notice as it deems expedient and practicable. All interested persons shall be
given a reasonable opportunity to be heard at such public hearing. If the hearing is adjourned from
time to time, the time and place of reconvening shall be publicly announced prior to adjournment.

“(c) The Zoning Commission shall deposit with the National Capital Planning
Commission all zoning regulations, maps, or amendments thereto, adopted by it.”[.]

PUBLIC SERVICE COMMISSION

SEC. 493. (a) [D.C. Code 43-402] There shall be a Public Service Commission whose
function shall be to insure that every public utility doing business within the District of Columbia
is required to furnish service and facilities reasonably safe and adequate and in all respects just and
reasonable. The charge made by any such public utility for any facility or services furnished, or
rendered, or to be furnished or rendered, shall be reasonable, just, and nondiscriminatory. Every
unjust or unreasonable or discriminating charge for such facility or service is prohibited and is
hereby declared unlawful.

(b) [Amendment to D.C. Code 43-401]. The first sentence of paragraph 97(a) of
section 8 of the Act of March 4, 1913 (making appropriations for the government of the District
of Columbia) (D.C. Code, sec. 43-[43-401]), is amended to read as follows: “The Public
Service Commission of the District of Columbia shall be composed of three Commissioners
appointed by the Mayor of the District of Columbia by and with the advice and consent of the
Council of the District of Columbia. The members appointed by the Mayor shall each serve for a
term of four years beginning on the date such member qualifies.”.

ARMORY BOARD

SEC. 494. [Amendment to D.C. Code 2-302] the first sentence of section 2 of the Act
of June 4, 1948 (D.C. Code, sec. 2-1702 [2-302]), is amended to read as follows: “There is
established an Armory Board, to be composed of the Commanding General of the District of
Columbia National Guard, and two other members appointed by the Mayor of the District of
Columbia by and with the advice and consent of the Council of the District of Columbia. The
members appointed by the Mayor shall each serve for a term of four years beginning on the date
such member qualifies.”.

BOARD OF EDUCATION

SEC. 495. [D.C. Code 31-101] The control of the public schools in the District of
Columbia is vested in a Board of Education to consist of eleven elected members, three of whom
are to be elected at large, and one to be elected from each of the eight school election wards
established under the District of Columbia Election Act [An Act To regulate the election of
delegates representing the District of Columbia to national political conventions, and for other
purposes, approved August 12, 1955 (69 Stat. 699; D.C. Code 1-1301 et seq.]. The election
of the members of the Board of Education shall be conducted on a nonpartisan basis and in
accordance with such Act [chapter].

INITIATIVES, REFERENDUMS, AND RECALLS

SEC. ___.

Amendment No. 1 — INITIATIVE AND REFERENDUM

Sec. 1. [D.C. Code 1-281] Definitions

(a) The term “initiative” means the process by which the electors of the District of
Columbia may propose laws (except laws appropriating funds) and present such proposed laws
directly to the registered qualified electors of the District of Columbia for their approval or
disapproval.

(b) The term “referendum” means the process by which the registered qualified electors of
the District of Columbia may suspend acts of the Council of the District of Columbia (except
emergency acts, acts levying taxes, or acts appropriating funds for the general operation budget)
until such acts have been presented to the registered qualified electors of the District of Columbia
for their approval or rejection.

Sec. 2. [D.C. Code 1-282] Process

(a) An initiative or referendum may be proposed by the presentation of a petition to the
District of Columbia Board of Elections and Ethics containing the signatures of registered
qualified electors equal in number to five (5) percent of the registered electors in the District of
Columbia: PROVIDED, That the total signatures submitted include five (5) percent of the
registered electors in each of five (5) or more of the City’s Wards. The number of registered
electors which is used for computing these requirements shall be according to the latest official
count of registered electors by the Board of Elections and Ethics which was issued thirty (30) or
more days prior to submission of the signatures for the particular initiative or referendum petition.

(b) (1) Upon the presentation of a petition for a referendum to the District of Columbia
Board of Elections and Ethics as provided in this section, the District of Columbia Board of
Elections and Ethics shall notify the appropriate custodian of the act of the Council of the District
of Columbia (either the President of the United States or the President of the Senate and the
Speaker of the House of Representatives) as provided in sections 404 and 446 of the Home Rule
Act [D.C. Code 1-227 and 47-304] and the President of the United States or the President of
the Senate and the Speaker of the House of Representatives, shall, as is appropriate, return such
act or portion of such act to the Chairman of the Council of the District of Columbia. No further
action may be taken upon such act or portion of such act until after a referendum election is held.

(2) No act is subject to referendum if it has become law according to the
provisions of section 404 of the Home Rule Act [D.C. Code 1-227].

Sec. 3. [D.C. Code 1-283] [Submission of measure at election] The District of Columbia
Board of Elections and Ethics shall submit an initiative measure without alteration at the next
general, special, or primary election held at least ninety (90) days after the measure is received.
The District of Columbia Board of Elections and Ethics shall hold an election on a referendum
measure within one hundred and fourteen (114) days of its receipt of a petition as provided in
section 2 of this act [D.C. Code 1-282]. If a previously scheduled general, primary, or special
election will occur between fifty-four (54) and one hundred and fourteen (114) days of its receipt
of a petition as provided in section 2 of this act [D.C. Code 1-282], the District of Columbia
Board of Elections and Ethics may present the referendum at that election.

Sec. 4. [D.C. Code 1-284] [Rejection of measure] If a majority of the registered
qualified electors voting on a referred act vote to disapprove the act, such action shall be deemed
a rejection of the act or that portion of the act on the referendum ballot and no action may be
taken by the Council of the District of Columbia with regard to the matter presented at
referendum for the three hundred sixty-five (365) days following the date of the District of
Columbia Board of Elections and Ethics’ certification of the vote concerning the referendum.

Sec. 5. [D.C. Code 1-285] [Approval of measure] If a majority of the registered
qualified electors voting in a referendum approve an act or adopt legislation by initiative, then the
adopted initiative or the act approved by referendum shall be an act of the Council upon the
certification of the vote on such initiative or act by the District of Columbia Board of Elections
and Ethics, and such act shall become law subject to the provisions of section 602 [D.C. Code
1-233(c)].

Sec. 6. [D.C. Code 1-286] [Short title and summary] The District of Columbia Board of
Elections and Ethics shall be empowered to propose a short title and summary of the initiative and
referendum matter which accurately reflects the intent and meaning of the proposed referendum
or initiative. Any citizen may petition the Superior Court of the District of Columbia no later than
thirty (30) days prior to the election at which the initiative or referendum will be held for a writ in
the nature of mandamus to correct any inaccurate short title and summary by the District of
Columbia Board of Elections and Ethics and to mandate that Board to properly state the summary
of the initiative or referendum measure.

Sec. 7. [D.C. Code 1-287] [Adoption of acts to carry out subchapter] The Council of
the District of Columbia shall adopt such acts as are necessary to carry out the purpose of this
subchapter within one hundred eighty (180) days of the effective date of this Amendment
[October 27, 1978]. Neither a petition initiating an initiative nor a referendum may be presented
to the District of Columbia Board of Elections and Ethics prior to October 1, 1978.

Charter Amendment No. 2 — RECALL OF ELECTED PUBLIC OFFICIALS

Sec. 1. [D.C. Code 1-291] [Recall defined] The term “recall” means the process by
which the qualified electors of the District of Columbia may call for the holding of an election to
remove or retain an elected official of the District of Columbia (except the Delegate to Congress
for the District of Columbia) prior to the expiration of his or her term.

Sec. 2. [D.C. Code 1-292] [Process] Any elected officer of the District of Columbia
government (except the Delegate to Congress for the District of Columbia) may be recalled by the
registered electors of the election ward from which he or she was elected or by the registered
electors of the District of Columbia at large in the case of an at-large elected officer, whenever a
petition demanding his or her recall, signed by ten (10) percent of the registered electors thereof,
is filed with the District of Columbia Board of Elections and Ethics. The ten (10) percent shall be
computed from the total number of the registered electors from the ward, according to the latest
official count of registered electors by the Board of Elections and Ethics which was issued thirty
(30) or more days prior to submission of the signatures for the particular recall petition. In the
case of an at-large elected official, the ten (10) percent shall include ten (10) percent of the
registered electors in each of five (5) or more of the City’s wards. The District of Columbia Board
of Elections and Ethics shall hold an election within one hundred fourteen (114) days of its receipt
of a petition as provided in section 2 of this act [ D.C. Code 1-282]. If a previously scheduled
general, primary, or special election will occur between fifty-four (54) and one hundred fourteen
(114) days of its receipt of a petition as provided in section 2 of this act [D.C. Code 1-282],
then the District of Columbia Board of Elections and Ethics may present the recall question at that
election.

Sec. 3. [D.C. Code 1-293] [Time limits on initiation of process] The process of
recalling an elected official may not be initiated within the first three hundred sixty-five (365) days
nor the last three hundred sixty-five (365) days of his or her term of office. Nor may the process
be initiated within one year after a recall election has been determined in his or her favor.

Sec. 4. [D.C. Code 1-294] [When official removed; filling of vacancies] An elected
official is removed from office if a majority of the qualified electors voting in the election vote to
remove him or her. The vacancy created by such recall shall be filled in the same manner as other
vacancies as provided in sections 401(d) and 421(c)(2) of the Home Rule Act and section 10(a) of
the District of Columbia Elections Act [D.C. Code 1-221(d), 1-241(c)(2), and 1-1314(a)].

Sec. 5. [D.C. Code 1-295] [Adoption of acts to carry out subchapter] The Council of
the District of Columbia shall adopt such acts as are necessary to carry out the purpose of this
subchapter within one hundred eighty (180) days of the effective date of this amendment [October
27, 1978]. No petition for recall may be presented to the District of Columbia Board of Elections
and Ethics prior to October 1, 1978.

TITLE V — FEDERAL PAYMENT [Repealed]DUTIES OF THE MAYOR, COUNCIL, AND FEDERAL OFFICE OFMANAGEMENT AND BUDGET

SEC. 501. [Repealed by section 11601(a) of the National Capital Revitalization and Self-Government Improvement Act of 1997, approved August 5, 1997 (P.L. 105-7; 111 Stat. 14)].

SEC. 502. [Repealed by section 11601(a) of the National Capital Revitalization and Self-Government Improvement Act of 1997, approved August 5, 1997 (P.L. 105-7; 111 Stat. 14)].

TITLE VI — RESERVATION OF CONGRESSIONAL AUTHORITYRETENTION OF CONSTITUTIONAL AUTHORITY

SEC. 601. [D.C. Code 1-206] Notwithstanding any other provision of this Act, the
Congress of the United States reserves the right, at any time, to exercise its constitutional
authority as legislature for the District, by enacting legislation for the District on any subject,
whether within or without the scope of legislative power granted to the Council by this Act,
including legislation to amend or repeal any law in force in the District prior to or after enactment
of this Act and any act passed by the Council.

LIMITATIONS ON THE COUNCIL

SEC. 602. [D.C. Code 1-233] (a) The Council shall have no authority to pass any act
contrary to the provisions of this Act except as specifically provided in this Act, or to–

(1) impose any tax on property of the United States or any of the several states;

(2) lend the public credit for support of any private undertaking;

(3) enact any act, or enact any act to amend or repeal any Act of Congress, which
concerns the functions or property of the United States or which is not restricted in its application
exclusively in or to the District;

(4) enact any act, resolution, or rule with respect to any provision of title 11 of the
District of Columbia Code (relating to organization and jurisdiction of the District of Columbia
courts);

(5) impose any tax on the whole or any portion of the personal income, either
directly or at the source thereof, of any individual not a resident of the District (the terms
“individual” and “resident” to be understood for the purposes of this paragraph as they are defined
in section 4 of title I of the District of Columbia Income and Franchise Tax Act of 1947[,
approved July 16, 1947 (61 Stat. 332; D.C. Code 47-1801.4)]);

(6) enact any act, resolution, or rule which permits the building of any structure
within the District of Columbia in excess of the height limitations contained in section 5 of the Act
of June 1, 1910 [An Act To regulate the height of buildings in the District of Columbia (36 Stat.
453)] (D.C. Code, sec. 5-405), and in effect on the date of enactment of this Act [December 24,
1973];

(7) enact any act, resolution, or regulation with respect to the Commission on
Mental Health;

(8) enact any act or regulation relating to the United States District Court for the
District of Columbia or any other court of the United States in the District other than the District
courts, or relating to the duties or powers of the United States Attorney or the United States
Marshal for the District of Columbia;

(9) enact any act, resolution, or rule with respect to any provision of title 23 of the
District of Columbia Code (relating to criminal procedure), or with respect to any provision of
any law codified in title 22 or 24 of the District of Columbia Code (relating to crimes and
treatment of prisoners), or with respect to any criminal offense pertaining to articles subject to
regulation under chapter 32 of title 22 during the forty-eight full calendar months immediately
following the day on which the members of the Council first elected pursuant to this Act take
office; or

(10) enact any act, resolution, or rule with respect to the District of Columbia
Financial Responsibility and Management Assistance Authority established under section 101(a)
of the District of Columbia Financial Responsibility and Management Assistance Act of 1995 [,
approved April 17, 1995 ( 109 Stat. 100; D.C. Code 47-391.1(a))].

(b) Nothing in this Act shall be construed as vesting in the District government any
greater authority over the National Zoological Park, the National Guard of the District of
Columbia, the Washington Aqueduct, the National Capital Planning Commission, or, except as
otherwise specifically provided in this Act, over any federal agency, than was vested in the
Commissioner [Mayor] prior to the effective date of title IV [District Charter] of this Act
[January 2, 1975].

(c) (1) Except acts of the Council which are submitted to the President in accordance
with the Budget and Accounting Act, 1921 [Chapter 11 of Title 31, United States Code], any act
which the Council determines, according to section 412(a) [D.C. Code 1-229(a)], should take
effect immediately because of emergency circumstances, and acts proposing amendments to title
IV of this Act [District Charter] and except as provided in section 462(c) and section 472(d)(1)

[D.C. Code 47-322(c) and 47-328(d)(1)], the Chairman of the Council shall transmit to the
Speaker of the House of Representatives, and the President of the Senate, a copy of each act
passed by the Council and signed by the Mayor, or vetoed by the Mayor and repassed by
two-thirds of the Council present and voting, each act passed by the Council and allowed to
become effective by the Mayor without his signature, and each initiated act and act subject to
referendum which has been ratified by a majority of the registered qualified electors voting on the
initiative or referendum. Except as provided in paragraph (2) [of this subsection,] such act shall
take effect upon the expiration of the 30-calendar-day period (excluding Saturdays, Sundays, and
holidays, and any day on which neither House is in session because of an adjournment sine die, a
recess of more than three days, or an adjournment of more than three days) beginning on the day
such act is transmitted by the Chairman to the Speaker of the House of Representatives and the
President of the Senate, or upon the date prescribed by such act, whichever is later, unless during
such 30-day period, there has been enacted into law a joint resolution disapproving such act. In
any case in which any such joint resolution disapproving such an act has, within such 30-day
period, passed both Houses of Congress and has been transmitted to the President, such
resolution, upon becoming law, subsequent to the expiration of such 30-day period, shall be
deemed to have repealed such act, as of the date such resolution becomes law. The provisions of
section 604 [D.C. Code 1-207], except subsections (d), (e), and (f) of such section, shall apply
with respect to any joint resolution disapproving any act pursuant to this paragraph.

(2) In the case of any such act transmitted by the Chairman with respect to any act
codified in title 22, 23, or 24 of the District of Columbia Code, such act shall take effect at the
end of the 60-day period beginning on the day such act is transmitted by the Chairman to the
Speaker of the House of Representatives and the President of the Senate unless, during such
60-day period, there has been enacted into law a joint resolution disapproving such act. In any
case in which any such joint resolution disapproving such an act has, within such 60-day period,
passed both Houses of Congress and has been transmitted to the President, such resolution, upon
becoming law subsequent to the expiration of such 60-day period shall be deemed to have
repealed such act, as of the date such resolution becomes law. The provisions of section 604
[D.C. Code 1-207], relating to an expedited procedure for consideration of joint resolutions,
shall apply to a joint resolution disapproving such act as specified in this paragraph.

(3) The Council shall submit with each Act transmitted under this subsection an
estimate of the costs which will be incurred by the District of Columbia as a result of the
enactment of the Act in each of the first 4 fiscal years for which the Act is in effect, together with
a statement of the basis for such estimate.

BUDGET PROCESS; LIMITATIONS ON BORROWING AND SPENDING

SEC. 603. [D.C. Code 47-313] (a) Nothing in this act shall be construed as making
any change in existing law, regulation, or basic procedure and practice relating to the respective
roles of the Congress, the President, the federal Office of Management and Budget, and the
Comptroller General of the United States in the preparation, review, submission, examination,
authorization, and appropriation of the total budget of the District of Columbia government.

(b)(1) No general obligation bonds (other than bonds to refund outstanding indebtedness)
or Treasury capital project loans shall be issued during any fiscal year in an amount which would
cause the amount of principal and interest required to be paid both serially and into a sinking fund
in any fiscal year on the aggregate amounts of all outstanding general obligation bonds and such
Treasury loans, to exceed 17 percent of the District revenues (less any fees or revenues directed
to servicing revenue bonds, any revenues, charges, or fees dedicated for the purposes of water
and sewer facilities described in section 490(a) [D.C. Code 47-334] (including fees or revenues
directed to servicing or securing revenue bonds issued for such purposes), retirement
contributions, revenues from retirement systems, and revenues derived from such Treasury loans
and the sale of general obligation or revenue bonds) which the Mayor estimates, and the District
of Columbia Auditor certifies, will be credited to the District during the fiscal year in which the
bonds will be issued. Treasury capital project loans include all borrowings from the United States
Treasury, except those funds advanced to the District by the Secretary of the Treasury under the
provisions of title VI of the District of Columbia Revenue Act of 1939[, approved July 26, 1939
(P.L. 76-225; 53 Stat. 1118)].

(2) Obligations incurred pursuant to the authority contained in the District of
Columbia Stadium Act of 1957[, approved September 7, 1957] (71 Stat. 619; D.C. Code, title 2,
chapter 17, subchapter II) [D.C. Code 2-321 through 2-330], obligations incurred by the
agencies transferred or established by sections 201 [Amendment to the District of Columbia
Redevelopment Act of 1945] and 202 [D.C. Code 5-102], whether incurred before or after
such transfer or establishment, and obligations incurred pursuant to general obligation bonds of
the District of Columbia issued prior to October 1, 1996, for the financing of Department of
Public Works, Water and Sewer Utility Administration capital projects, shall not be included in
determining the aggregate amount of all outstanding obligations subject to the limitation specified
in the preceding paragraph.

(3) The 17 percent limitation specified in paragraph (1) [of this subsection] shall be
calculated in the following manner:

(A) Determine the dollar amount equivalent to 17 percent of the District
revenues (less any fees or revenues directed to servicing revenue bonds, any revenues, charges, or
fees dedicated for the purposes of water and sewer facilities described in section 490(a) [D.C.
Code 47-334(a)] (including fees or revenues directed to servicing or securing revenue bonds
issued for such purposes), retirement contributions, revenues from retirement systems, and
revenues derived from such Treasury loans and the sale of general obligation or revenue bonds)
which the Mayor estimates, and the District of Columbia Auditor certifies, will be credited to the
District during the fiscal year for which the bonds will be issued;

(B) Determine the actual total amount of principal and interest to be paid in
each fiscal year for all outstanding general obligation bonds (less the allocable portion of principal
and interest to be paid during the year on general obligation bonds of the District of Columbia
issued prior to October 1, 1996, for the financing of Department of Public Works, Water and
Sewer Utility Administration capital projects) and such Treasury loans;

(C) Determine the amount of principal and interest to be paid during each
fiscal year over the term of the proposed general obligation bond or such Treasury loan to be
issued; and

(D) If in any one fiscal year the sum arrived at by adding subparagraphs (B)
and (C) [of this paragraph] exceeds the amount determined under subparagraph (A) [of this
paragraph], then the proposed general obligation bond or such Treasury loan in subparagraph (C)
[of this paragraph] cannot be issued.

(c) Except as provided in subsection (f) [of this section], the Council shall not approve
any budget which would result in expenditures being made by the District government, during any
fiscal year, in excess of all resources which the Mayor estimates will be available from all funds
available to the District for such fiscal year. The budget shall identify any tax increases which shall
be required in order to balance the budget as submitted. The Council shall be required to adopt
such tax increases to the extent its budget is approved.

(d) Except as provided in subsection (f) [of this section], the Mayor shall not forward to
the President for submission to Congress a budget which is not balanced according to the
provision of subsection 603(c) [subsection (c) of this section].

(e) Nothing in this Act shall be construed as affecting the applicability to the District
government of the provisions of section 3679 of the Revised Statutes of the United States (31
U.S.C. 1341), the so-called Anti-Deficiency Act [D.C. Code 1341, 1342, and 1349 to 1351
and subchapter II of Chapter 15 of Title 31, United States Code].

(f) In the case of a fiscal year which is a control year (as defined in section 305(4) of the
District of Columbia Financial Responsibility and Management Assistance Act of 1995[, approved
April 17, 1995 (109 Stat. 152; D.C. Code 47-393(4)]), the Council may not approve, and the
Mayor may not forward to the President, any budget which is not consistent with the financial
plan and budget established for the fiscal year under subtitle A of title II of such Act [subpart B of
subchapter VII of Chapter 3 of Title 47 of the D.C. Code].

CONGRESSIONAL ACTION ON CERTAIN DISTRICT MATTERS

SEC. 604. [D.C. Code 1-207] (a) This section is enacted by Congress–

(1) as an exercise of the rulemaking power of the Senate and the House of
Representatives, respectively, and as such these provisions are deemed a part of the rule of each
House, respectively, but applicable only with respect to the procedure to be followed in that
House in the case of resolutions described by this section; and they supersede other rules only to
the extent that they are inconsistent therewith; and

(2) with full recognition of the constitutional right of either House to change the
rule (so far as relating to the procedure of that House) at any time, in the same manner and to the
same extent as in the case of any other rule of that House.

(b) For the purpose of this section, “resolution” means only a joint resolution, the matter
after the resolving clause of which is as follows: “That the . . . . . . . . . . approves/disapproves of
the action of the District of Columbia Council described as follows: . . . . . . . . . .”, the blank
spaces therein being appropriately filled, and either approval or disapproval being appropriately
indicated; but does not include a resolution which specifies more than 1 action.

(c) A resolution with respect to Council action shall be referred to the Committee on the
District of Columbia of the House of Representatives, or the Committee on the District of
Columbia of the Senate, by the President of the Senate or the Speaker of the House of
Representatives, as the case may be.

(d) If the Committee to which a resolution has been referred has not reported it at the end
of 20 calendar days after its introduction, it is in order to move to discharge the Committee from
further consideration of any other resolution with respect to the same Council action which has
been referred to the Committee.

(e) A motion to discharge may be made only by an individual favoring the resolution, is
highly privileged (except that it may not be made after the Committee has reported a resolution
with respect to the same action), and debate thereon shall be limited to not more than 1 hour, to
be divided equally between those favoring and those opposing the resolution. An amendment to
the motion is not in order, and it is not in order to move to reconsider the vote by which the
motion is agreed to or disagreed to.

(f) If the motion to discharge is agreed to or disagreed to, the motion may not be
renewed, nor may another motion to discharge the Committee be made with respect to any other
resolution with respect to the same action.

(g) When the Committee has reported, or has been discharged from further consideration
of, a resolution, it is at any time thereafter in order (even though a previous motion to the same
effect has been disagreed to) to move to proceed to the consideration of the resolution. The
motion is highly privileged and is not debatable. An amendment to the motion is not in order, and
it is not in order to move to reconsider the vote by which the motion is agreed to or disagreed to.

(h) Debate on the resolution shall be limited to not more than 10 hours, which shall be
divided equally between those favoring and those opposing the resolution. A motion further to
limit debate is not debatable. An amendment to, or motion to recommit, the resolution is not in
order, and it is not in order to move to reconsider the vote by which the resolution is agreed to or
disagreed to.

(i) Motions to postpone made with respect to the discharge from Committee or the
consideration of a resolution, and motions to proceed to the consideration of other business, shall
be decided without debate.

(j) Appeals from the decisions of the chair relating to the application of the rules of the
Senate or the House of Representatives, as the case may be, to the procedure relating to a
resolution shall be decided without debate.

TITLE VII — REFERENDUM; SUCCESSION IN GOVERNMENT; TEMPORARY PROVISIONS; MISCELLANEOUS; AMENDMENTS TO DISTRICT OF COLUMBIA ELECTION ACT; RULES OF CONSTRUCTION; AND EFFECTIVE DATES PART A — CHARTER REFERENDUMREFERENDUM

SEC. 701. [Uncodified] On a date to be fixed by the Board of Elections, not more than
five months after the date of enactment of this Act, a referendum (in this part referred to as the
“charter referendum”) shall be conducted to determine whether the registered qualified electors of
the District accept the charter set forth in title IV of this Act [District Charter].

BOARD OF ELECTIONS AUTHORITY

SEC. 702. [Uncodified] (a) The Board of Elections shall conduct the charter referendum
and certify the results thereof as provided in this part.

(b) Notwithstanding the fact that such section does not otherwise take effect unless the
charter is accepted under this title, the applicable provision of part E of title VII of this Act
[Amending the District of Columbia Elections Act and enacting D.C. Code 1-1307] shall govern
the Board of Elections in the performance of its duties under this Act.

REFERENDUM BALLOT AND NOTICE OF VOTING

SEC. 703. [Uncodified] (a) The charter referendum ballot shall contain the following,
with a blank space appropriately filled:

“The District of Columbia Self-Government and Governmental Reorganization Act,
enacted __________, proposes to establish a charter for the governance of the District of
Columbia, but provides that the charter shall take effect only if it is accepted by a majority of the
registered qualified voters of the District voting on this issue.

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

” For the charter

” Against the charter.

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

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

” For Advisory Neighborhood Councils

” Against Advisory Neighborhood Councils.”

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

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

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

ACCEPTANCE OR NONACCEPTANCE OF CHARTER

SEC. 704. [Uncodified] (a) If a majority of the registered qualified electors voting in the
charter referendum vote for the charter, the charter shall be considered accepted as of the time the
Board of Elections certifies the result of the charter referendum to the President of the United
States, as provided in subsection (b) [of this section].

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

Part B — SUCCESSION IN GOVERNMENTABOLISHMENT OF EXISTING GOVERNMENT AND TRANSFER OFFUNCTIONS

SEC. 711. [D.C. Code 1-211] The District of Columbia Council, the Offices of
Chairman of the District of Columbia Council, Vice Chairman of the District of Columbia
Council, and the seven other members of the District of Columbia Council, and the Offices of the
Commissioner of the District of Columbia and Assistant to the Commissioner of the District of
Columbia, as established by Reorganization Plan Numbered 3 of 1967, are abolished as of noon
January 2, 1975. This subsection [section] shall not be construed to reinstate any governmental
body or office in the District abolished in said plan or otherwise heretofore.

CERTAIN DELEGATED FUNCTIONS AND FUNCTIONS OF CERTAINAGENCIES.

SEC. 712. [D.C. Code 1-212] No function of the District of Columbia Council
(established under Reorganization Plan Numbered 3 of 1967) or of the Commissioner of the
District of Columbia which such District of Columbia Council or Commissioner has delegated to
an officer, employee, or agency (including any body of or under such agency) of the District, nor
any function now vested pursuant to section 501 of Reorganization Plan Number 3 of 1967 in
the District Public Service Commission, Zoning Advisory Council, Board of Zoning Adjustment,
Office of the Recorder of Deeds, or Armory Board, or in any officer, employee, or body of or
under such agency, shall be considered as a function transferred to the Council pursuant to section
404(a) of this Act [D.C. Code 1-227(a)]. Each such function is hereby transferred to the officer,
employee, or agency (including any body of or under such agency), to whom or to which it was
delegated, or in whom or in which it has remained vested, until the Mayor or Council established
under this Act, or both, pursuant to the powers herein granted, shall revoke, modify, or transfer
such delegation or vesting.

TRANSFER OF PERSONNEL, PROPERTY, AND FUNDS

SEC. 713. [D.C. Code 1-212.1] (a) In each case of the transfer, by any provision of this
Act, of functions to the Council, to the Mayor, or to any agency or officer, there are hereby
authorized to be transferred (as of the time of such transfer of functions) to the Council, to the
Mayor, to such agency, or to the agency of which such officer is the head, for use in the
administration of the functions of the Council or such agency or officer, the personnel (except the
Commissioner of the District of Columbia, the Assistant to the Commissioner, the Chairman of
the District of Columbia Council, the Vice Chairman of the District of Columbia Council, the
other members thereof, all of whose officers are abolished by this Act), property, records, and
unexpended balances of appropriations and other funds which relate primarily to the functions so
transferred.

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

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

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

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

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

EXISTING STATUTES, REGULATIONS, AND OTHER ACTIONS.

SEC. 714. [D.C. Code 1-213] (a) Any statute, regulation, or other action in respect of
(and any regulation or other action issued, made, taken, or granted by) any officer or agency from
which any function is transferred by this Act shall, except to the extent modified or made
inapplicable by or under authority of law, continue in effect as if such transfer had not been made;
but after such transfer, references in such statute, regulation, or other action to an officer or
agency from which a transfer is made by this Act shall be held and considered to refer to the
officer or agency to which the transfer is made.

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

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

PENDING ACTIONS AND PROCEEDINGS

SEC. 715. [Uncodified] (a) No suit, action, or other judicial proceeding lawfully
commenced by or against any officer or agency in his or its official capacity or in relation to the
exercise of his or its official functions, shall abate by reason of the taking effect of any provision
of this Act; but the court, unless it determines that the survival of such suit, action, or other
proceedings is not necessary for purposes of settlement of the questions involved, shall allow the
same to be maintained, with such substitutions as to parties as are appropriate.

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

VACANCIES RESULTING FROM ABOLISHMENT OF OFFICES OFCOMMISSIONER AND ASSISTANT TO THE COMMISSIONER

SEC. 716. [Uncodified] Until the 1st day of July next after the first Mayor takes office
under this Act no vacancy occurring in any District agency by reason of section 711 [D.C. Code
1-211], abolishing the offices of Commissioner of the District of Columbia and Assistant to the
Commissioner, shall affect the power of the remaining members of such agency to exercise its
functions; but such agency may take action only if a majority of the members holding office vote
in favor of it.

STATUS OF THE DISTRICT

SEC. 717. (a) [Partially codified at D.C. Code 1-101(b)] All of the territory
constituting the permanent seat of the Government of the United States shall continue to be
designated as the District of Columbia. The District of Columbia shall remain and continue a
body corporate, as provided in section 2 of the Revised Statutes relating to the District (D.C.
Code, sec. 1-102). Said Corporation shall continue to be charged with all the duties, obligations,
responsibilities, and liabilities, and to be vested with all of the powers, rights, privileges,
immunities, and assets, respectively, imposed upon and vested in said Corporation or the
Commissioner.

(b) [Uncodified] No law or regulation which is in force on the effective date of title IV of
this Act [January 2, 1975] shall be deemed amended or repealed by this Act except to the extent
specifically provided herein or to the extent that such law or regulation is inconsistent with this
Act, but any such law or regulation may be amended or repealed by act or resolution as
authorized in this Act, or by Act of Congress, except that, notwithstanding the provisions of
section 752 of this Act [D.C. Code 1-1307], such authority to repeal shall not be construed as
authorizing the Council to repeal or otherwise alter, by amendment or otherwise, any provision of
subchapter III of chapter 73 of title 5, United States Code in whole or in part.

(c) [Uncodified] Nothing contained in this section shall affect the boundary line between
the District of Columbia and the Commonwealth of Virginia as the same was established or may
be subsequently established under the provisions of title I of the Act of October 31, 1945 [An Act
To establish a boundary line between the District of Columbia and the Commonwealth of
Virginia, and for other purposes (P.L. 79-208)] (59 Stat. 552).

CONTINUATION OF DISTRICT OF COLUMBIA COURT SYSTEM.

SEC. 718. [Appendix to Title 11, D.C. Code] (a) The District of Columbia Court of
Appeals, the Superior Court of the District of Columbia, and the District of Columbia
Commission on Judicial Disabilities and Tenure shall continue as provided under the District of
Columbia Court Reorganization Act of 1970 subject to the provisions of part C of title IV of this
Act [D.C. Code, Title 11, Appendix, 431 through 434] and section 602(a)(4) [D.C. Code
1-233(a)(4)].

(b) The term and qualifications of any judge of any District of Columbia court, and the
term and qualifications of any member of the District of Columbia Commission on Judicial
Disabilities and Tenure appointed prior to the effective date of title IV of this Act [January 2,
1975] shall not be affected by the provisions of part C of title IV of this Act [D.C. Code, Title 11,
Appendix, 431 through 434]. No provision of this Act shall be construed to extend the term of
any such judge or member of such Commission. Judges of the District of Columbia courts and
members of the District of Columbia Commission on Judicial Disabilities and Tenure appointed
after the effective date of title IV of this Act [January 2, 1975] shall be appointed according to
part C of such title IV [D.C. Code, Title 11, Appendix, 431 through 434].

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

CONTINUATION OF THE BOARD OF EDUCATION

SEC. 719. [Uncodified] The term of any member elected to the District of Columbia
Board of Education, and the powers and duties of the Board of Education shall not be affected by
the provisions of section 495 [D.C. Code 31-101]. No provision of such section shall be
construed to extend the term of any such member or to terminate the term of any such member.

PART C — TEMPORARY PROVISIONSPOWERS OF THE PRESIDENT DURING TRANSITIONAL PERIOD

Sec. 721. [Uncodified] The President of the United States is hereby authorized and
requested to take such action during the period following the date of the enactment of this Act
and ending on the date of the first meeting of the Council, by Executive Order or otherwise, with
respect to the administration of the functions of the District government, as he deems necessary to
enable the Board of Elections properly to perform its function under this Act.

REIMBURSABLE APPROPRIATIONS FOR THE DISTRICT

Sec. 722. [Uncodified] (a) The Secretary of the Treasury is authorized to advance to the
District of Columbia the sum of $750,000, out of any money in the Treasury not otherwise
appropriated, for use (1) in the paying the expenses of the Board of Education (including
compensation of the members thereof), and (2) in otherwise carrying into effect the provisions of
this Act.

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

INTERIM LOAN AUTHORITY

Sec. 723. (a) [Uncodified] The Mayor is authorized to accept loans for the District from
the Treasury of the United States, and the Secretary is authorized to lend to the Mayor, such sums
as the Mayor may determine are required to complete capital projects for which construction and
construction services funds have been authorized or appropriated, as the case may be, by
Congress prior to October 1, 1983, or the date of the enactment of the appropriation Act for the
fiscal year ending September 30, 1984, for the government of the District of Columbia, whichever
is later. In addition, such loans may include funds to pay the District’s share of the cost of the
adopted regional system specified in the National Capital Transportation Act of 1969.

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

(c) Subject to the limitations contained in section 603(b) [D.C. Code 47-313(b)], there
is authorized to be appropriated to make loans under this section the sum of $155,000,000 for the
fiscal year ending September 30, 1982, the sum of $155,000,000 for the fiscal year ending on
September 30, 1983, and the sum of $155,000,000 for the fiscal year ending on September 30,
1984.

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

POLITICAL PARTICIPATION IN CERTAIN ELECTIONSFIRST HELD UNDER THIS ACT

Sec. 724. [Uncodified] (a) In order to provide continuity in the government of the
District of Columbia during the transition from the appointed government to the elected
government provided for under this Act, no person employed by the United States or by the
government of the District of Columbia shall be prohibited by reason of such employment–

(1) from being a candidate in the first primary election and general election held
under this Act for the office of Mayor or Chairman or member of the Council of the District of
Columbia provided for under title IV of this Act [District Charter], and

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

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

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

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

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

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

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

PART D — MISCELLANEOUSAGREEMENTS WITH UNITED STATES

SEC. 731. [D.C. Code 1131.1] (a) To prevent duplication and to promote efficiency
and economy, an officer or employee of:

(1) The United States government may provide services to the District of
Columbia government; and

(2) The District of Columbia government may provide services to the United
States government.

(b) (1) Services under this section shall be provided under an agreement:

(A) Negotiated by officers and employees of the 2 governments; and

(B) Approved by the Director of the Office of Management and Budget
and the Mayor of the District of Columbia.

(2) Each agreement shall provide that the cost of providing the services shall be
borne in the way provided in subsection (c) of this section by the government to which the
services are provided at rates or charges based on the actual cost of providing the services.

(3) To carry out an agreement made under this subsection, the agreement may
provide for the delegation of duties and powers of officers and employees of:

(A) The District of Columbia government to officers and employees of the
United States government; and

(B) The United States government to officers and employees of the District
of Columbia government.

(c) In providing services under an agreement made under subsection (b) of this section:

(1) Costs incurred by the United States government may be paid from
appropriations available to the District of Columbia government officer or employee to whom the
services were provided; and

(2) Costs incurred by the District of Columbia government may be paid from
amounts available to the United States government officer or employee to whom the services
were provided.

(d) When requested by the Director of the United States Secret Service Division, the
Chief of the Metropolitan Police shall assist the Secret Service and the United States Secret
Service Uniformed Division on a non-reimbursable basis in carrying out their protective duties
under section 302 to title 3 and section 3056 of title 18 [of the U.S.C.].

PERSONAL INTEREST IN CONTRACTS OR TRANSACTIONS

SEC. 732. [D.C. Code 1-1133] Any officer or employee of the District who is
convicted of a violation of section 208 of title 18, United States Code, shall forfeit his office or
position.

COMPENSATION FROM MORE THAN ONE SOURCE

SEC. 733. [D.C. Code 1-1305] (a) Except as provided in this Act, no person shall be
ineligible to serve or to receive compensation as a member of the Board of Elections and Ethics
because he occupies another office or position or because he receives compensation (including
retirement compensation) from another source.

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

ASSISTANCE OF THE UNITED STATES CIVIL SERVICE COMMISSIONIN DEVELOPMENT OF DISTRICT MERIT SYSTEM

SEC. 734. [D.C. Code 1-515] The United States Civil Service Commission is hereby
authorized to advise and assist the Mayor and the Council in the further development of the merit
system or systems required by section 422(3) [D.C. Code 1-242(3)] and the said Commission is
authorized to enter into agreements with the District government to make available its registers of
eligibles as a recruiting source to fill District positions as needed. The costs of any specific
services furnished by the Civil Service Commission may be compensated for under the provisions
of section 731 of this Act [D.C. Code 1-1131.1].

REVENUE SHARING RESTRICTIONS

SEC. 735. [Amendment to section 141(c) of the State and Local Fiscal Assistance Act of
1972, approved October 20, 1972 (P.L. 92-512; 86 Stat. 919)].

INDEPENDENT AUDIT

SEC. 736. [D.C. Code 47-118.1] (a) In addition to the audit carried out under section
455 [D.C. Code 47-117], the Comptroller General each year shall audit the accounts and
operations of the District of Columbia government. An audit shall be carried out according to
principles, under regulations, and in a way the Comptroller General prescribes. When prescribing
the procedures to follow and the extent of the inspection of records, the Comptroller General shall
consider generally accepted principles of auditing, including the effectiveness of accounting
organizations and systems, internal audit and control, and related administrative practices.

(b) The Comptroller General shall submit each audit report to Congress and the Mayor
and Council of the District of Columbia. The report shall include the scope of an audit,
information the Comptroller General considers necessary to keep Congress, the Mayor, and the
Council informed of operations audited, and recommendations the Comptroller General considers
advisable.

(c) (1) By the 90th day after receiving an audit report from the Comptroller General, the
Mayor shall state in writing to the Council measures the District of Columbia government is
taking to comply with the recommendations of the Comptroller General. A copy of the statement
shall be sent to Congress.

(2) After the Council receives the statement of the Mayor, the Council may make
available for public inspection the report of the Comptroller General and other material the
Council considers pertinent.

(d) To carry out this section, records and property of or used by the District of Columbia
government necessary to make an audit easier shall be made available to the Comptroller General.
The Mayor shall provide facilities to carry out an audit.

ADJUSTMENTS

SEC. 737. (a) [D.C. Code 1-1132(a)] Subject to section 731 [D.C. Code 1-1131.1],
the Mayor, with the approval of the Council, and the Director of the Office of Management and
Budget, is authorized and empowered to enter into an agreement or agreements concerning the
manner and method by which amounts owed by the District to the United States, or by the United
States to the District, shall be ascertained and paid.

(b) [D.C. Code 1-1132(b)] The United States shall reimburse the District for necessary
expenses incurred by the District in connection with assemblages, marches, and other
demonstrations in the District which relate primarily to the federal government. The manner and
method of ascertaining and paying the amounts needed to so reimburse the District shall be
determined by agreement entered into in accordance with subsection (a) of this section.

(c) [D.C. Code 1-302] Each officer and employee of the District required to do so by
the Council shall provide a bond with such surety and in such amount as the Council may require.
The premiums for all such bonds shall be paid out of appropriations for the District.

ADVISORY NEIGHBORHOOD COMMISSIONS

SEC. 738. [D.C. Code 1-251] (a) The Council shall by act divide the District into
neighborhood commission areas and, upon receiving a petition signed by at least 5 per centum of
the registered qualified electors of a neighborhood commission area, shall establish for that
neighborhood an elected advisory neighborhood commission. In designating such neighborhoods,
the Council shall consider natural geographic boundaries, election districts, and divisions of the
District made for the purpose of administration of services.

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

(c) Each advisory neighborhood commission–

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

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

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

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

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

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

(g) The Council shall have authority, in accordance with the provisions of this Act, to
legislate with respect to the advisory neighborhood commissions established in this section.

(h) The foregoing provisions of this section shall take effect only if agreed to in
accordance with the provisions of section 703(a) of this Act [uncodified].

NATIONAL CAPITAL SERVICE AREA

SEC. 739. [D.C. Code 9-142] (a) There is established within the District of Columbia
the National Capital Service Area which shall include, subject to the following provisions of this
section, the principal federal monuments, the White House, the Capitol Building, the United
States Supreme Court Building, and the federal executive, legislative, and judicial office buildings
located adjacent to the Mall and the Capitol Building, and is more particularly described in
subsection (f) [of this section].

(b) There is established in the Executive Office of the President the National Capital
Service Director who shall be appointed by the President. The President, through the National
Capital Service Director, shall assure that there is provided, utilizing District of Columbia
governmental services to the extent practicable, within the area specified in subsection (a) [of this
section] and particularly described in subsection (f) [of this section], adequate fire protection and
sanitation services. Except with respect to that portion of the National Capital Service Area
comprising the United States Capitol Buildings and Grounds as defined in sections 1 and 16 of the
Act of July 31, 1946 [An Act To define the area of the United States Capitol Grounds, to regulate
the use thereof, and for other purposes (60 Stat. 718, 721)], as amended (D.C. Code, sec. 9-106
[and] 9-128), the United States Supreme Court Building and Grounds as defined in section 11 of
the Act of August 18, 1949 [An Act Relating to the policing of the building and grounds of the
Supreme Court of the United States (63 Stat. 617)], as amended (40 U.S.C. 13p), and the
Library of Congress Buildings and Grounds as defined in section 11 of the Act of August 4, 1950
[An Act Relating to the policing of the buildings and grounds of the Library of Congress (64 Stat.
411)], as amended (2 U.S.C. 167j), the National Capital Service Director shall assure that there
is provided within the remainder of such area specified in subsection (a) [of this section] and
subsection (f) [of this section], adequate police protection and maintenance of streets and
highways.

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

(d) [Amendment to section 45 of An act to provide for the organization of the militia of
the District of Columbia, approved March 1, 1889 (25 Stat. 778; D.C. Code 39-603)].

(e)(1) Within one year after the effective date of this section [either December 24, 1973
or January 2, 1975], the President is authorized and directed to submit to the Congress a report
on the feasibility and advisability of combining the Executive Protective Service and the United
States Park Police within the National Capital Service Area, and placing them under the National
Capital Service Director.

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

(f)(1)(A) The National Capital Service Area referred to in subsection (a) of this section is
more particularly described as follows:

Beginning at that point on the present Virginia-District of Columbia boundary due west of
the northernmost point of Theodore Roosevelt Island and running due east to the eastern shore of
the Potomac River;

thence generally south along the shore at the mean high water mark to the northwest
corner of the Kennedy Center;

thence east along the north side of the Kennedy Center to a point where it reaches the E
Street Expressway;

thence east on the expressway to E Street Northwest and thence east on E Street
Northwest to 18th Street Northwest;

thence south on 18th Street Northwest to Constitution Avenue Northwest; thence east on
Constitution Avenue to 17th Street Northwest;

thence north on 17th Street Northwest to Pennsylvania Avenue Northwest;

thence east on Pennsylvania Avenue to Jackson Place Northwest;

thence north on Jackson Place to H Street Northwest;

thence east on H Street Northwest to Madison Place Northwest;

thence south on Madison Place Northwest to Pennsylvania Avenue Northwest;

thence east on Pennsylvania Avenue Northwest to 15th Street Northwest;

thence south on 15th Street Northwest to Pennsylvania Avenue Northwest;

thence southeast on Pennsylvania Avenue Northwest to John Marshall Place Northwest; thence north on John Marshall Place Northwest to C Street Northwest;

thence east on C Street Northwest to 3rd Street Northwest;

thence north on 3rd Street Northwest to D Street Northwest;

thence east on D Street Northwest to 2nd Street Northwest;

thence south on 2nd Street Northwest to the intersection of Constitution Avenue
Northwest and Louisiana Avenue Northwest;

thence northeast on Louisiana Avenue Northwest to North Capitol Street;

thence north on North Capitol Street to Massachusetts Avenue Northwest;

thence southeast on Massachusetts Avenue Northwest so as to encompass Union Square; thence following Union Square to F Street Northeast;

thence east on F Street Northeast to 2nd Street Northeast;

thence south on 2nd Street Northeast to D Street Northeast;

thence west on D Street Northeast to 1st Street Northeast;

thence south on 1st Street Northeast to Maryland Avenue Northeast;

thence generally north and east on Maryland Avenue to 2nd Street Northeast;

thence south on 2nd Street Northeast to C Street Southeast;

thence west on C Street Southeast to New Jersey Avenue Southeast;

thence south on New Jersey Avenue Southeast to D Street Southeast;

thence west on D Street Southeast to Canal Street Parkway;

thence southeast on Canal Street Parkway to E Street Southeast;

thence west on E Street Southeast to the intersection of Canal Street Southwest and
South Capitol Street;

thence northwest on Canal Street Southwest to 2nd Street Southwest;

thence south on 2nd Street Southwest to Virginia Avenue Southwest;

thence generally west on Virginia Avenue to 3rd Street Southwest;

thence north on 3rd Street Southwest to C Street Southwest;

thence west on C Street Southwest to 6th Street Southwest;

thence north on 6th Street Southwest to Independence Avenue;

thence west on Independence Avenue to 12th Street Southwest;

thence south on 12th Street Southwest to D Street Southwest;

thence west on D Street Southwest to 14th Street Southwest;

thence south on 14th Street Southwest to the middle of the Washington Channel;

thence generally south and east along the mid-channel of the Washington Channel to a
point due west of the northern boundary line of Fort Lesley McNair;

thence due east to the side of the Washington Channel;

thence following generally south and east along the side of the Washington Channel at the
mean high water mark, to the point of confluence with the Anacostia River, and along the
northern shore at the mean high water mark to the northern most point of the 11th Street Bridge; thence generally south and east along the northern side of the 11th Street Bridge to the
eastern shore of the Anacostia River;

thence generally south and west along such shore at the mean high water mark to the point
of confluence of the Anacostia and Potomac Rivers;

thence generally south along the eastern shore at the mean high water mark of the
Potomac River to the point where it meets the present southeastern boundary line of the District
of Columbia;

thence south and west along such southeastern boundary line to the point where it meets
the present Virginia-District of Columbia boundary;

thence generally north and west up the Potomac River along the Virginia-District of
Columbia boundary to the point of beginning.

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

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

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

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

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

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

(2) In carrying out the provisions of paragraph (1) of this subsection, the President
shall, to the extent that such survey, legal description, and map involves areas comprising the
United States Capitol Buildings and Grounds as defined in sections 1 and 16 of the Act of July 31,
1946, as amended (D.C. Code, secs. 9-106 [and] 9-128), and other buildings and grounds under
the care of the Architect of the Capitol, consult with the Architect of the Capitol.

(3) [Amendment to section 1 of the Act of July 31, 1946 (60 Stat. 719; D.C. Code
9-106)].

(4) [Amendment to section 9 of the Act of July 31, 1946 (60 Stat. 719; D.C. Code
9-115)].

(5) [Amendment to section 9 of the Act of July 31, 1946 (60 Stat. 719; D.C. Code
9-115)].

(6) [Amendment to section 14(a) of the Act of July 31, 1946 (60 Stat. 720; D.C.
Code 9-127)].

(7) [Amendment to section 1 of the Act of July 31, 1946 (60 Stat. 719; D.C. Code
9-106)].

(8) [Amendment to section 9 of the Act of August 18, 1949 (63 Stat. 617; 40
U.S.C. 13n)].

(9) [Amendment to section 9 of the Act of August 4, 1950 (64 Stat. 411; 2 U.S.C.
167h)].

(h)(1) Except to the extent specifically provided by the provisions of this section, and
amendments made by this section, nothing in this section shall be applicable to the United States
Capitol Buildings and Grounds as defined in sections 1 and 16 of the Act of July 31, 1946, as
amended (D.C. Code, secs. 9-106 [and] 9-128, or to any other buildings and grounds under the
care of the Architect of the Capitol, the United States Supreme Court Building and Grounds as
defined in section 11 of the Act of August 18, 1949, as amended (40 U.S.C. 13p), and the
Library of Congress Buildings and Grounds as defined in section 11 of the Act of August 4, 1950,
as amended (2 U.S.C. 167j), and except to the extent herein specifically provided, including
amendments made by this section, nothing in this section shall be construed to repeal, amend,
alter, modify, or supersede any provision of the Act of July 31, 1946, as amended (40 U.S.C.
193a et seq.) [D.C. Code 9-106, 9-108 to 9-115, and 9-123 to 9-128], or any other of the
general laws of the United States or any of the laws enacted by the Congress and applicable
exclusively to the District of Columbia, or any rule or regulation promulgated pursuant thereto, in
effect on the date immediately preceding the effective date of title IV of this Act [January 2,
1975] pertaining to said buildings and grounds, or any existing authority, with respect to such
buildings and grounds, vested by law, or otherwise, on such date immediately preceding such
effective date [January 2, 1975], in the Senate, the House of Representatives, the Congress, or
any committee or commission or board thereof, the Architect of the Capitol, or any other officer
of the legislative branch, the Chief Justice of the United States, the Marshal of the Supreme Court
of the United States, or the Librarian of Congress.

(2) Notwithstanding the foregoing provision of this section, any of the services and
facilities authorized by this Act to be rendered or furnished (including maintenance of streets and
highways, and services under section 731 of this Act [D.C. Code 1-1131.1]) shall, as far as
practicable, be made available to the Senate, the House of Representatives, the Congress, or any
committee or commission or board thereof, the Architect of the Capitol, or any other officer of
the legislative branch vested by law or otherwise on such date immediately preceding the effective
date of title IV of this Act [January 2, 1975] with authority over such buildings and grounds, the
Chief Justice of the United States, the Marshal of the Supreme Court of the United States, and the
Librarian of Congress, upon their request, and, if payment would be required for the rendition or
furnishing of a similar service or facility to any other federal agency, payment therefor shall be
made by the recipient thereof, upon presentation of proper vouchers, in advance or by
reimbursement (as may be agreed upon by the parties rendering and receiving such services).

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

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

EMERGENCY CONTROL OF POLICE

SEC. 740. [D.C. Code 4-102] (a) Notwithstanding any other provision of law,
whenever the President of the United States determines that special conditions of an emergency
nature exist which require the use of the Metropolitan Police force for Federal purposes, he may
direct the Mayor to provide him, and the Mayor shall provide, such services of the Metropolitan
Police force as the President may deem necessary and appropriate. In no case, however, shall such
services made available pursuant to any such direction under this subsection extend for a period in
excess of forty-eight hours unless the President has, prior to the expiration of such period, notified
the Chairmen and ranking minority members of the Committees on the District of Columbia of the
Senate and the House of Representatives, in writing, as to the reason for such direction and the
period of time during which the need for such services is likely to continue.

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

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

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

HOLDING OFFICE IN THE DISTRICT

SEC. 741. [Repealed by section 4(c) of An Act To amend the District of Columbia
Revenue Act of 1947 regarding taxability of dividends received by a corporation from insurance
companies, banks, and other savings institutions, approved April 17, 1974 (P.L. 93-268; 88 Stat.
87)].

OPEN MEETINGS

SEC. 742. [D.C. Code 1-1504] (a) All meetings (including hearings) of any
department, agency, board, or commission of the District government, including meetings of the
Council of the District of Columbia, at which official action of any kind is taken shall be open to
the public. No resolution, rule, act, regulation, or other official action shall be effective unless
taken, made, or enacted at such meeting.

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

TERMINATION OF THE DISTRICT’S AUTHORITY TO BORROWFROM THE TREASURY

SEC. 743. (a) [Amendment to section 1 An Act to authorize the Commissioners of the
District of Columbia to borrow funds for capital improvement programs and to amend provisions
of law relating to Federal Government participation in meeting costs of maintaining the National
Capital City, approved June 6, 1958 (72 Stat. 183; D.C. Code 9-219)].

(b) [Repealed An Act authorizing loans from the United States Treasury for expansion of
the District of Columbia water system, approved June 2, 1950 (64 Stat. 195; D.C. Code 43-1540)].

(c) [Amendment to title II of An Act to authorize the financing of a program of public
works construction for the District of Columbia, and for other purposes, approved May 18, 1954
(68 Stat. 104; D.C. Code 43-1601 et seq.)].

(d) [Repealed section 402 of An Act to authorize the financing of a program of public
works construction for the District of Columbia, and for other purposes, approved May 18, 1954
(68 Stat. 110; D.C. Code 7-133)].

(e) [Repealed section 4 of An Act to authorize the Commissioners of the District of
Columbia to plan, construct, operate, and maintain a sanitary sewer to connect the Dulles
International Airport with the District of Columbia system, approved June 12, 1960 (74 Stat. 211;
D.C. Code 43-1623)].

(f) [Uncodified] Nothing contained in this section shall be deemed to relieve the District
of its obligation to repay any loan made to it under the authority of the Acts specified in the
preceding subsections, nor to preclude the District from using the unexpended balance of any such
loan appropriated to the District prior to the effective date of this provision, not to prevent the
District from fulfilling the provisions of section 722 [uncodified].

PART E — AMENDMENTS TO THE DISTRICT OF COLUMBIA ELECTION ACTAMENDMENTS

SEC. 751. [Amendment to the District of Columbia Election Act, approved August 12,
1955 (69 Stat. 699; D.C. Code 1-1301 et seq.)].

DISTRICT COUNCIL AUTHORITY OF ELECTIONS

SEC. 752. [D.C. Code 1-1307] Notwithstanding any other provision of this Act [Home
Rule Act] or of any other law, the Council shall have authority to enact any act or resolution with
respect to matters involving or relating to elections in the District.

PART F — RULES OF CONSTRUCTIONCONSTRUCTION

SEC. 761. [Uncodified] To the extent that any provisions of this Act are inconsistent with
the provisions of any other laws[,] the provisions of this Act shall prevail and shall be deemed to
supersede the provisions of such laws.

SEVERABILITY

SEC. 762. [Uncodified] If any particular provision of this Act, or the application thereof
to any person of circumstance, is held invalid, the remainder of this Act and the application of
such provision to other persons or circumstances shall not be affected thereby.

PART G — EFFECTIVE DATESEFFECTIVE DATES

SEC. 771. [Uncodified] (a) Titles I and V, and parts A and G, and section 722 of title VII
shall take effect on the date of enactment of this Act [December 24, 1973].

(b) Sections 712, 713, 714, and 715 of title VII, and section 401(b) of title IV, and title II
shall take effect July 1, 1974, except that any provision thereof which in effect transfer authority
to appoint any citizen member of the National Capital Planning Commission of the District of
Columbia Redevelopment Land Agency shall take effect January 2, 1975.

(c) Titles III and IV, except section 401(b) of title IV, shall take effect January 2, 1975, if
title IV is accepted by a majority of the registered qualified electors in the District of Columbia
voting on the charter issue in the charter referendum.

(d) Title VI and parts D and F and sections 711, 716, 717, 718, 719, 721, and 723 of title
VII shall take effect only if and upon the date that title IV becomes effective [January 2, 1975].

(e) Part E of title VII shall take effect on the date on which title IV [January 2, 1975] is
accepted by a majority of the registered qualified electors in the District of Columbia voting on
the charter issue in the charter referendum.

DISTRICT OF COLUMBIA HOME RULE ACT

SUBJECT INDEX
__________

Advisory Neighborhood Commissions or Councils Sec. 703, Sec. 738
Agreements with the United States Sec. 731
Appropriations Sec. 446, Sec. 722
Architect of the Capitol Sec. 423
Armory Board Sec. 441, Sec. 441(b), Sec. 494, Sec. 712
Auditor Sec. 455, Sec. 603(b)
Adjustments Sec. 737
Audits Sec. 736
Board of Education Sec. 452, Sec. 495, Sec. 719
Board of Elections Sec. 401, Sec. 421, 442(b), Sec. 491, Sec. 701, Sec. 702, Sec. 703,Sec. 704, Sec. 733
Bonds Secs. 461 – 467, Secs. 475, Secs. 481 – 486, Sec. 490, Sec. 603
Borrowing Sec. 443, Sec. 461 – 484, Sec. 603, Secs. 722 – 723, Sec. 743
Budget Sec. 404, Secs. 441 – 448, Secs. 452 – 453
Chairman of Council Secs. 401 – 411, Sec. 455, Sec. 603(c),Sec. 724
Chairman as Acting Mayor Sec. 411, Sec. 422
Charter Secs. 301 – 303, Secs. 401 – 495
Charter amendments initiative Amendment No. 1
Charter amendment procedures Sec. 303
Chief Financial Officer Sec. 422(6), Sec. 424
City Administrator Sec. 422(7)
Civil Service Commission Sec. 422(2) & (3), Sec. 734
Commissioner of the District of Columbia Sec. 103, Sec. 204, Sec. 422, Sec. 711
Compensation Sec. 403, Sec. 421, Sec. 733
Council Secs. 401 – 404
Comptroller General Sec. 442, Sec. 445, Sec. 481, Sec. 603, Sec. 736
Congress Sec. 102, Sec. 303(b), Sec. 446, Sec. 602, Sec. 604, Sec. 739(h)
Constitution (U.S.) Sec. 102, Sec. 302
Contracting authority Sec. 449
Council Secs. 401 – 413, Sec. 421(2), Sec. 423, Sec. 442, Sec. 445A, Secs. 451 – 455, Sec. 462, Secs. 471 – 472, Sec. 603, Sec. 712, Sec. 737, Sec. 738
(See also Limitations on the Council)  
(See also Powers of the Council)  
(See also Vacancies)  
Council acts Sec. 412
, Sec. 602
Courts… (See Judiciary)
Definitions Sec. 103
, Amendment No. 1
, Amendment No. 2
Delegation of power Sec. 102
, Sec. 422
, Sec. 712
Disapproval resolutions by the Congress Sec. 602, Sec. 604
Effective dates Sec. 771
Elections Sec. 401, Sec. 421
, Sec. 724
Federal payment…(Repealed) Sec. 501
Financial accountability Sec. 456
Financial duties of Mayor Sec. 448, Sec. 449
Financial Responsibility and ManagementAssistance Act Sec. 404(f), Sec. 422(6), Sec. 424, Sec. 301, Sec. 453, Sec. 456, Sec. 472, Sec. 490, Sec. 602, Sec. 603(f)
Financial Responsibility and ManagementAssistance Authority Sec. 453(c), Sec. 456(a), Sec. 456(e), Sec. 472(d), Sec. 602
Financing elections pursuant to Home Rule Act Sec. 721
Fiscal Year Sec. 441
Funds, General and Special Sec. 450
General Accounting Office… (See Comptroller General)
Height limitation for buildings Sec. 602
Housing Finance Agency Sec. 490
Independent agencies Secs. 491 – 495
Judiciary Sec. 413, Secs. 431 – 434, Sec. 445, Sec. 602, Sec. 718
Appointment of judges Sec. 433
Chief judge Sec. 431(b)
Judicial Disabilities and Tenure Commission Sec. 431(d), Sec. 442
Judicial Nomination Commission Sec. 431
, Sec. 434, Sec. 442
Legal investment Sec. 486
Manpower administration Sec. 204
Mayor (see also powers of the Mayor) Sec. 103, Secs. 412 – 422, Sec. 713
, Sec. 723
Commission on Mental Health Sec. 602
National Capital Housing Authority Sec. 202
National Capital Planning Commission Sec. 203, Sec. 424, Sec. 602
National Capital Service Area Sec. 739
National Guard Sec. 602
National Zoo Sec. 602
Notes Sec. 424, Sec. 448, Secs. 471 – 490
Office of Management and Budget Sec. 204(f), Sec. 603
Personal interest in contracts Sec. 732
Personnel system Sec. 204, Sec. 422, Sec. 734
Personnel, transfer of Sec. 713
Performance accountability Sec. 456
Planning (see also National Capital Planning Commission) Sec. 423, Sec. 443
Police, emergency control of Sec. 740
Political participation in first elections Sec. 724
Powers of the Council (see also Council) Sec. 303, Sec. 404, Sec. 431, Sec. 434, Sec. 738
Powers of the Mayor (see also Mayor) Sec. 303, Sec. 404, Sec. 422, Sec. 431, Sec. 434, Sec. 442
Preamble to the Charter Sec. 301
President of the United States Sec. 202(b), Sec. 404(f), Sec. 431, Sec. 433, Sec. 434, Sec. 704, Sec. 721, Sec. 739, Sec. 740
Public Service Commission Sec. 442, Sec. 493, Sec. 712
Purposes of the Home Rule Act Sec. 102
Qualifications for office Sec. 402 (Council)7, Sec. 421 (Mayor)
Recall of elected public officials Amendment No. 1
Recorder of deeds Sec. 711
Redevelopment Land Agency Sec. 201
Referendums Sec. 303, Sec. 412, Sec. 462, Amendment No. 1, Sec. 703
Reorganizations of the government Sec. 422(12)
Reservation of congressional authority Sec. 601
Revenue Sec. 442, Sec. 472
Revenue bonds (see bonds)
Severability of this act Sec. 762
Special elections Sec. 401, Sec. 402, Sec. 421, Amendment No. 1, Amendment No. 2
Status of the District Sec. 717
Subpoena power of Council Sec. 413
Sunshine law (open meetings) Sec. 742
Treasury of the United States Sec. 424, Sec. 443, Sec. 450, Sec. 603, Sec. 722Sec. 723
Vacancies in office Sec. 401 (Council), Sec. 422 (Mayor), Sec. 434 (Judges)
Veto by Mayor Sec. 404
Veto override by Council Sec. 404
Washington Aqueduct Sec. 602
Washington Convention Center Authority Sec. 453  
Washington Metropolitan Area Transit Authority Sec. 489
Water and Sewer Authority Sec. 442
, Sec. 445A, Sec. 453, Sec. 490

 http://www.leginfo.ca.gov/cgi-bin/displaycode?section=rtc&group=17001-18000&file=17001-17039.1

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This post was original done by Tat’s Revolution: http://tatoott1009.com

 I can only hope I have done tatoott justice by re-blogging this to help get the information out, you all need to know your life has been a complete lie… They are still lying to you everyday through the lame-stream-media, you need to turn your attention to the alternative media for the truth about what is happening in the world around you, and what your governments are trying to do to you, before it is to late… I will leave you all with this video.

If you support the information in this article PLEASE SHARE on your Social Media. It only takes a second of your time to click the provided share buttons. You show your support through your sharing.

Thank You for reading and watching. “LET FREEDOM RING”

God Bless us all Spirit ❤

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SHADE the Motion Picture

SHADE the Motion Picture

Shade exposes the true power structure embedded in our global reality, showing the true controllers their plans to Geo-engineer our planet and control the populace.

Visit http://www.shadethemotionpicture.com to order a DVD, rent or download the film.

Follow the filmmakers @JasonBermas and @ShepardAmbellas on Twitter.

Shop at http://www.mypatriotsupply.com for all of your preparedness needs.

A portion of this film was made possible by MyPatriotSupply.com

SHADE the Motion Picture Copyright 2013 Unbound Productions LLC

Video By: UnboundProductionsUS

If you support the information in this article PLEASE SHARE on your Social Media. It only takes a second of your time to click the provided share buttons. You show your support through your sharing.

Thank You for watching. “LET FREEDOM RING”

God Bless us all Spirit ❤

 

The road is being paved for a future slave society, freedoms to be further restricted under TPP

The road is being paved for a future slave society, freedoms to be further restricted under TPP

While proponents of the TPP say the deal is ‘good’ because it reportedly will phaseout some 18,000 trade tariffs–skeptics like Sen. Bernie Sanders (I/VT) say the deal is outright “disastrous” and for good reason.

But even more important to point out is a hidden clause, buried deep inside the deal [TPP], which may effectively restrict aspects of the Internet in the near future. That’s right, after more than 5 years of strategic, intense, negotiations Trade Ministers from 12 Pacific Rim Nations, including the U.S., just concluded the first major hurdle of the Trans Pacific Partnership (TPP), a move that may soon effectively change, limit, our use of the Internet as we know it. And believe it they know what they are up to. Although the plan still has to pass through a multitude of Congressional hoops Per sey–the Obama Administration still sees that the goal is within reach and will likely press hard in coming months to push it through.

yellowstone idaho cern-SPACEWAR-LCH 42

The TPP, a deal which blankets a good chunk, nearly 40%, of the world’s economy includes a few ‘controversial provisions’ recently outlined by Andrew Griffin below:

One particularly controversial part of the provisions make it a crime to reveal corporate wrongdoing “through a computer system”. Experts have pointed out that the wording is very vague, and could lead to whistleblowers being penalized for sharing important information, and lead to journalists stopping reporting on them.

Others require that online content providers — such as YouTube and Facebook — must take down content if they receive just one complaint, as they are in the US. That will be harmful for startups looking to build such businesses since they’ll be required to have the resources to respond to every complaint, experts have pointed out.

And it’s safe to say that Griffin’s analysis is spot on–even the Electronic Freedom Foundation (EFF) previously warned us of the TPP as early as 2013.
internet killswitchBackbone Campaign/Flickr

So where is all of this headed?

Internet Police, Thought Police, bans on free speech, an Internet kill switch–you name it, it’s coming. Especially if we keep heading down the path mentioned herein. Soon we will all be slaves of our own environments–unable to do or think for ourselves. I guess if you really think about it in some ways we already are.

They already have us all boxed in, cornered into vast metropolises where everyone merely puppets, mimics, what is force-fed to them, what they see around them. The latest fads, trends, etc.–they all mean nothing. It’s just something to keep us distracted with while the birds of prey, the powers-that-be, do their job–which is nothing more than swooping in on our freedoms, deindividualizing us by micromanage our lives.
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In fact if you haven’t seen my latest film Shade, you must. I highly recommend it. And not just because I made it, but because of the cornucopia of information provided in it that literally covers the gambit, the entire spectrum in a sense, painting the viewer an overarching picture of how the world really works. And let me tell you–it likely doesn’t work the way you think.

Watch Shade, an Ambellas & Bermas film, for free on YouTube here.

#NoTPP


The very foundation of the free Internet is under severe threat from copyright laws that could ban independent media outlets, according to Matt Drudge. “I had a Supreme Court Justice tell me it’s over for me,” said Drudge, warning web users that they were being pushed “pawn-like” into the cyber “ghettos” of Twitter, Facebook and Instagram.

yellowstone idaho cern-SPACEWAR-LCH 44

“Reclusive” Drudge says he has not had a photo taken in 8 years

As DCClothesline.com reports,

During an appearance on the Alex Jones Show, Drudge asserted that copyright laws which prevent websites from even linking to news stories were being advanced.

“I had a Supreme Court Justice tell me it’s over for me,” said Drudge. “They’ve got the votes now to enforce copyright law, you’re out of there. They’re going to make it so you can’t even use headlines.”

“To have a Supreme Court Justice say to me it’s over, they’ve got the votes, which means time is limited,” he added, noting that a day was coming when simply operating an independent website could be outlawed.

“That will end (it) for me – fine – I’ve had a hell of a run,” said Drudge, adding that web users were being pushed into the cyber “ghettos” of Twitter, Facebook and Instagram.

“This is ghetto, this is corporate, they’re taking your energy and you’re getting nothing in return – nothing!”

Watch the full interview below…

Drudge warned that social media giants like Twitter and Facebook were swallowing up content and strangling the organic growth of independent Internet news platforms. Automated news aggregators like Google News also came under fire.

“Google News – hello anybody? The idiots reading that crap think there is actually a human there – there is no human there – you are being programmed to being automated even up to your news….a same corporate glaze over everything,” said Drudge.

“Stop operating in their playground, stop it,” said Drudge, asserting that people were being confined by what the likes of Facebook and Twitter defined as the Internet as a result of this “corporate makeover” of the web.

“I’m just warning this country that yes, don’t get into this false sense that you are an individual when you’re on Facebook, no you’re not, you’re a pawn in their scheme,” concluded Drudge.


Today’s release by WikiLeaks of what is believed to be the current and essentially final version of the intellectual property (IP) chapter of the Trans-Pacific Partnership (TPP) confirms our worst fears about the agreement, and dashes the few hopes that we held out that its most onerous provisions wouldn’t survive to the end of the negotiations.

Since we now have the agreed text, we’ll be including some paragraph references that you can cross-reference for yourself—but be aware that some of them contain placeholders like “x” that may change in the cleaned-up text. Also, our analysis here is limited to the copyright and Internet-related provisions of the chapter, but analyses of the impacts of other parts of the chapter have been published by WikiLeaks and others.
Binding Rules for Rightsholders, Soft Guidelines for Users

yellowstone idaho cern-SPACEWAR-LCH 41

If you skim the chapter without knowing what you’re looking for, it may come across as being quite balanced, including references to the need for IP rules to further the “mutual advantage of producers and users” (QQ.A.X), to “facilitate the diffusion of information” (QQ.A.Z), and recognizing the “importance of a rich and accessible public domain” (QQ.B.x). But that’s how it’s meant to look, and taking this at face value would be a big mistake.

If you dig deeper, you’ll notice that all of the provisions that recognize the rights of the public are non-binding, whereas almost everything that benefits rightsholders is binding. That paragraph on the public domain, for example, used to be much stronger in the first leaked draft, with specific obligations to identify, preserve and promote access to public domain material. All of that has now been lost in favor of a feeble, feel-good platitude that imposes no concrete obligations on the TPP parties whatsoever.

Another, and perhaps the most egregious example of this bias against users is the important provision on limitations and exceptions to copyright (QQ.G.17). In a pitifully ineffectual nod towards users, it suggests that parties “endeavor to achieve an appropriate balance in its copyright and related rights system,” but imposes no hard obligations for them to do so, nor even offers U.S.-style fair use as a template that they might follow. The fact that even big tech was ultimately unable to move the USTR on this issue speaks volumes about how utterly captured by Hollywood the agency is.
Expansion of Copyright Terms

Perhaps the biggest overall defeat for users is the extension of the copyright term to life plus 70 years (QQ.G.6), despite a broad consensus that this makes no economic sense, and simply amounts to a transfer of wealth from users to large, rights-holding corporations. The extension will make life more difficult for libraries and archives, for journalists, and for ordinary users seeking to make use of works from long-dead authors that rightfully belong in the public domain.

Could it have been worse? In fact, yes it could have; we were spared a 120-year copyright term for corporate works, as earlier drafts foreshadowed. In the end corporate works are to be protected for 70 years after publication or performance, or if they are not published within 25 years after they were created, for 70 years after their creation. This could make a big difference in practice. It means that the film Casablanca, probably protected in the United States until 2038, would already be in the public domain in other TPP countries, even under a life plus 70 year copyright term.

New to the latest text are the transition periods in Section J, which allow some countries a longer period for complying with some of their obligations, including copyright term. For example, Malaysia has been allowed two years to extend its copyright term to life plus 70 years. For Vietnam, the transition period is five years. New Zealand is the country receiving the most “generous” allowance; its term will increase to life plus 60 years initially, rising to the full life plus 70 year term within eight years. Yet Canada, on the other hand, has not been given any transition period at all.
Ban on Circumventing Digital Rights Management (DRM)

The provisions in QQ.G.10 that prohibit the circumvention of DRM or the supply of devices for doing so are little changed from earlier drafts, other than that the opposition of some countries to the most onerous provisions of those drafts was evidently to no avail. For example, Chile earlier opposed the provision that the offense of DRM circumvention is to be “independent of any infringement that might occur under the Party’s law on copyright and related rights,” yet the final text includes just that requirement.

The odd effect of this is that someone tinkering with a file or device that contains a copyrighted work can be made liable (criminally so, if wilfullness and a commercial motive can be shown), for doing so even when no copyright infringement is committed. Although the TPP text does allow countries to pass exceptions that allow DRM circumvention for non-infringing uses, such exceptions are not mandatory, as they ought to be.

The parties’ flexibility to allow DRM circumvention also requires them to consider whether rightsholders have already taken measures to allow those non-infringing uses to be made. This might mean that rightsholders will rely on the walled-garden sharing capabilities built in to their DRM systems, such as Ultraviolet, to oppose users being granted broader rights to circumvent DRM.

Alongside the prohibition on circumvention of DRM is a similar prohibition (QQ.G.13) on the removal of rights management information, with equivalent civil and criminal penalties. Since this offense is, once again, independent of the infringement of copyright, it could implicate a user who crops out an identifying watermark from an image, even if they are using that image for fair use purposes and even if they otherwise provide attribution of the original author by some other means.

The distribution of devices for decrypting encrypted satellite and cable signals is also separately proscribed (QQ.H.9), posing a further hazard to hackers wishing to experiment with or to repurpose broadcast media.
Criminal Enforcement and Civil Damages

On damages, the text (QQ.H.4) remains as bad as ever: rightsholders can submit “any legitimate measure of value” to a judicial authority for determination of damages, including the suggested retail price of infringing goods. Additionally, judges must have the power to order pre-established damages (at the rightsholder’s election), or additional damages, each of which may go beyond compensating the rightsholder for its actual loss, and thereby create a disproportionate chilling effect for users and innovators.

No exception to these damages provisions is made in cases where the rightsholder cannot be found after a diligent search, which puts the kibosh on ideas for the introduction of an orphan works regime that would cap remedies available against those who reproduce these otherwise-unavailable works.

One of the scariest parts of the TPP is that not only can you be made liable to fines and criminal penalties, but that any materials and implements used in the creation of infringing copies can also be destroyed (QQ.H.4(12)). The same applies to devices and products used for circumventing DRM or removing rights management information (QQ.H.4(17)). Because multi-use devices such as computers are used for a diverse range of purposes, this is once again a disproportionate penalty. This could lead to a family’s home computer becoming seized simply because of its use in sharing files online, or for ripping Blu-Ray movies to a media center.

In some cases (QQ.H.7), the penalties for copyright infringement can even include jail time. Traditionally, this has because the infringer is operating a business of commercial piracy. But under the TPP, any act of willful copyright infringement on a commercial scale renders the infringer liable to criminal penalties, even if they were not carried out for financial gain, provided that they have a substantial prejudicial impact on the rightsholder. The copying of films that are still playing in movie theaters is also subject to separate criminal penalties, regardless of the scale of the infringement.
Trade Secrets

The severity of the earlier language on trade secrets protection has not been abated in the final text. It continues to criminalize those who gain “unauthorized, willful access to a trade secret held in a computer system,” without any mandatory exception for cases where the information is accessed or disclosed in the public interest, such as by investigative journalists or whistleblowers.

There is no evident explanation for the differential treatment given to trade secrets accessed or misappropriated by means of a computer system, as opposed to by other means; but it is no surprise to find the U.S. pushing such a technophobic provision, which mirrors equivalent provisions of U.S. law that have been used to persecute hackers for offenses that would otherwise have been considered much more minor.
Top-Down Control of the Internet

ICANN, the global domain name authority, provoked a furor earlier this year over proposals that could limit the ability for owners of domain names to shield their personal information from copyright and trademark trolls, identity thieves, scammers and harassers.

The TPP has just ridden roughshod over that entire debate (at least for country-code top-level domains such as .us, .au and .jp), by cementing in place rules (QQ.C.12) that countries must provide “online public access to a reliable and accurate database of contact information concerning domain-name registrants.”

The same provision also requires countries to adopt an equivalent to ICANN’s flawed Uniform Domain-Name Dispute Resolution Policy (UDRP), despite the fact that this controversial policy is overdue for a formal review by ICANN, which might result in the significant revision of this policy. Where would this leave the TPP countries, that are locked in to upholding a UDRP-like policy for their own domains for the indefinite future?

The TPP’s prescription of rules for domain names completely disregards the fact that most country code domain registries have their own, open, community-driven processes for determining rules for managing domain name disputes. More than that, this top-down rulemaking on domain names is in direct contravention of the U.S. administration’s own firmly-stated commitment to uphold the multi-stakeholder model of Internet governance. Obviously, Internet users cannot trust the administration that it means what it says when it gives lip-service to multi-stakeholder governance—and that has ramifications that go even even deeper than this terrible TPP deal.
ISP Liability

The provisions on ISP liability (Appendix Section I), as we previously found in the last leaked text, are not quite as permissive as we hoped. It will still require most countries to adopt a version of the flawed U.S. DMCA notice-and-takedown system, albeit with a few safeguards such as penalties for those who issue wrongful takedown notices, and allowing (but not requiring) a Japanese-style system of verification of takedown notices by an independent body of ISPs and rightsholders.

It is true that Canada’s notice-and-notice regime is also allowed, but effectively only for Canada—no other country that did not have an equivalent system as of the date of the agreement is allowed to benefit from that flexibility. Even in Canada’s case, this largesse is only afforded because of the other enforcement measures that rightsholders enjoy there—such as a tough regime of secondary liability for authorization of copyright infringement.

Similarly Chile’s system under which ISPs are not required to take down content without a judicial order is explicitly grandfathered in, but no other country joining the TPP in the future will be allowed to have a similar system.

In addition, although there is no explicit requirement for a graduated response regime of copyright penalties against users, ISPs are still roped in as copyright enforcers with the vague requirement (Appendix Section 1) that they be given “legal incentives…to cooperate with copyright owners to deter the unauthorized storage and transmission of copyrighted materials or, in the alternative, to take other action to deter the unauthorized storage and transmission of copyright materials.”
Good Points?

Quite honestly there are no parts of this agreement that are positively good for users. Of course, that doesn’t mean that it’s not improved over the earlier, horrendous demands of the U.S. negotiators. Some of the areas in which countries rightly pushed back against the U.S., and which are reflected in the final text are:

The exhaustion of rights provision (QQ.A.11) that upholds the first sale doctrine of U.S. law, preventing copyright owners from extending their control over the resale of copyright works once they have first been placed in the market. In particular, this makes parallel importation of cheaper versions of copyright works lawful—and complementing this is an explicit authorization of devices that bypass region-coding on physical copies of such works (QQ.G.10, though this does not extend to bypassing geoblocking of streaming services).
A thoroughly-misguided provision that would have extended copyright protection to temporary or “buffer” copies in a computer system was one of the earliest rightsholder demands dropped by the USTR, and rightfully so, given the damage this would have wreaked to tech companies and users alike.

But we have struggled to come up with more than two positive points about the TPP, and even then the absence of these tragic mistakes is a pretty poor example of a positive point. If you look for provisions in the TPP that actually afford new benefits to users, rather than to large, rights-holding corporations, you will look in vain. The TPP is the archetype of an agreement that exists only for the benefit of the entitled, politically powerfully lobbyists who have pushed it through to completion over the last eight years.

There is nothing in here for users and innovators to support, and much for us to fear—the ratcheting up of the copyright term across the Pacific rim, the punitive sanctions for DRM circumvention, and the full frontal attack on hackers and journalists in the trade secrets provision, just to mention three. This latest leak has confirmed our greatest fears—and strengthened our resolve to kill this agreement for good once it reaches Congress.

Original Post done by: http://tatoott1009.com/

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Thank You for reading and watching. “LET FREEDOM RING”

God Bless us all, Spirit ❤

The Coming Deception – Revisiting Project Blue Beam

The Coming Deception – Revisiting Project Blue Beam

pope-and-aliens

Pope Francis has said that he would be willing to baptize aliens if they came to the Vatican, asking “who are we to close doors to anyone, even Martians”.
According to multiple sources within the Vatican, Pope Francis wants to avoid the long-term embarrassment that the church experienced during the time of Galileo when it was clearly revealed that the Earth was not the center of the Universe. Reportedly the Pope wants to position the Jesuit Order to incorporate a new reality which consists of the acceptance of accepting a new reality of alien existence which are telepathic  and this will form the basis between humans and advanced aliens. I believe that this is what the Bible refers to as the Great Deception.
The United Nations is announcing that Pope Francis will address the annual U.N. General Assembly of world leaders on Sept. 25 during his first papal visit to the United States.The pope earlier agreed to address a joint meeting of Congress on his visit. The upcoming September 24 speech will mark the first time that a Pope will address the United States Congress.
Many speculate that this is where the Pope will make his move to announce his “one religion initiative” and further elaborate on his belief that mankind is about to be contacted by telepathic aliens (his words, not mine). In an interview with Famiglia Cristiana, the Pope stated that he wanted to found an international body of religions under one central authority, “An United Nations of religion“.

Operation Blue Beam

For decades, NASA has developed space based weapons systems designed to penetrate every aspect of our lives and this plan is labeled as Operation Blue Beam.
The Blue Beam Project has four different steps in order to implement a new age religion, along with the roll out of a fake Antichrist at its head. Oh, I believe that we will see an Anti-Christ, but this will not be it. We must remember that the new age religion is the very foundation for the new world government, without which religion the dictatorship of the New World Order is completely impossible.
Phase 1
The first step in the NASA Blue Beam Project concerns the breakdown of all archaeological knowledge. We will see more and more fake discoveries of previous alien contact, where these new discoveries will finally explain to all people the error of all fundamental religious doctrines.
This new false doctrine will be used to make all nations believe that their religious doctrines have been misguided for centuries. Psychological preparations for that first step have already been implemented with such things as the Star Trek TV series,  the 2001 A Space Odyssey film , X Files, Falling Skies, the TV series V, and movies such as Independence Day, and District 9. All of this constitutes the psychological conditioning designed to promote a paradigm shift designed to get the public to accept an “alien” existence.
Phase 2
blue-beam-3
The second part of this deception is creating 3D holograms, sound and laser projections which will give way to several holographic images. As Steve Quayle and I discussed in our most recent interview, the HAARP type of technology now exists where entire battlefields can be projected and nobody would be the widers because, under these circumstances, nobody could distinguish fact from fiction.
Fact or Operation Blue Beam?

Fact or Operation Blue Beam?

Phase 3
Nearly a generation ago, Nick Begichdemonstrated to the European Parliament how Project HAARP could produce fake voices inside the heads of the members of Parliament in what is known as Voice to Skull technology.
Using ELF waves, HAARP can be directly projected into the brain, causing the brain to receive messages, words, and instructions HAARP can provide a way to wipe out communications over a large area, while keeping the military’s own communications systems working. HAARP can also be used for mind control.
Phase 4
Phase 4 culminates with mankind’s shared belief from the Great Deception, than an alien invasion is either under way, or is imminent and the only means of salvation is for a God-like figure, a holographic (i.e. a one-world religion God) will step in and “save” humanity. This will mark the beginning of a one-world government and a single Pagan religion like the one being called for the present Pope.
In this final  phase of the plan, it will be made clear to the people that an alien invasion is imminent and the consolidation of government, religion, military and economic institutions will be “needed” for mankind to survive
Operation Blue Beam has some basis of support from prominent elites.

Dr. Carol Rosin and Wernher Von Braun

Dr. Rosin recounts her four year association with Von Braun, and is she is quick to point out that he predicted that mankind would have a series of “boogey men” designed to manipulate mankind on the way to a New World Order.
First, Von Braun said we would fear the Russians followed by terrorists and then we would fear asteroids and then, finally, mankind would be manipulated into believing that the earth was going to be attacked by aliens. The end game from this reign of terror would be planetary unification.

Hillary Clinton and the UFO Question

Hillary Clinton was viewed at the Rockefeller Ranch holding a book by Paul Davies regarding the implications of extraterrestrial life.
Interestingly, Vince Foster, friend and advisor to President Clinton, was tasked with two missions upon Bill Clinton’s election. First, find out who killed JFK. Secondly, find out the truth behind the alien question. Foster, as all will recall, committed “suicide” under some very mysterious circumstances.

Reagan’s Alien Speech to the United Nations

In 1987, Ronald Reagan addressed the United Nations and asked what would happen to the differences in and among the nations of the earth if we were attacked by a hostile alien force.  This is that speech.

Conclusion

There is enough evidence here to make most reasonable  people sit up and take notice.  Blue Beam is a fall back doomsday plan which will be implemented when all else fails. Is the NWO desperate enough to engage in such a plot? I think it is likely that this plan will be implemented so long as other plans of unification (i.e. World War III) fail to materialize. And when and if this plan materializes, don’t believe a single word of it, no matter how real ET seems to be. Why not? Because this event fits under the Biblical category of “Rumors of War”. And when we are faced with this Great Deception, fall to your knees and collectively pray for God’s intervention and direction in your lives. 

Thank You for reading and watching. “LET FREEDOM RING” God Bless us all,

Spirit ❤

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CERN Rattle The World With Volcanos Earthquakes, Not To Mention Microwave Induced Frequency

CERN Rattle The World With Volcano’s Earthquakes, Not To Mention Microwave Induced Frequency

A new study provides “incontrovertible evidence” that the volcanic super-eruption of Toba on the island of Sumatra about 73,000 years ago deforested much of central India, some 3,000 miles from the epicenter, researchers report.

volcanic super-eruption

CHECK THESE LINKS FOR ALL THE INFORMATION

http://www.tatoott1009.com/category/cerns/

8.5-m-earthquake-may-30-2015

A very large 8.5 magnitude earthquake has struck Southeast of mainland Japan in the Bonin Island region. (downgraded to 7.8M)

8.5-m-earthquake-may-30-2015

This earthquake occurred at a depth of 696km / 432 miles, which falls deep into the Asthenosphere below the Pacific plate.

Worthy to note that an earthquake forecast was issued for Japan YESTERDAY, giving full warning of a very large event coming this week.

Warning issued yesterday, 8.5M strikes today.

See the full forecast for Japan here:

By: dutchsinse

NOAA Weather Service


WNW

 Tectonic Summery

Cern activated

CERNS Quake Rattle Yellowstone ?


 

Cern Quake

Yellowstone Seismogram Calendar for YHR, centered on 2015/05/20 – 5/20/2015 HERE IS THE LINK http://www.isthisthingon.org/Yellowstone/seismothumbs.php?station=YHR¢er=1432098000 Sun Mon Tue Wed Thu Fri Sat 2015 Week #18 5/3/2015 5/4/2015 5/5/2015 5/6/2015 5/7/2015 5/8/2015 5/9/2015 2015 Week #19 5/10/2015 5/11/2015 5/12/2015 5/13/2015 5/14/2015 5/15/2015 5/16/2015 2015 Week #20 5/17/2015 5/18/2015 5/19/2015 5/20/2015 5/21/2015 5/22/2015 5/23/2015 2015 Week

Read more [+]


 

A magnitude 4.1 earthquake has struck Southern California at Salton Sea Volcanic buttes.

Reports are coming in from viewers that this event was felt fairly strong in San Diego, CA.

salton-sea-volcano-earthquake-may-31-2015-4.1

salton-sea-volcano


 

Seeing a noteworthy earthquake strike near an active volcano in Southern California is a sign of the greater global seismic unrest currently underway.

It would be wise at this point (in light of the other recent Pacific earthquake activity) for the people of the West coast to at least be placed on a “watch” for possible larger movement.

Even if nothing actually ends up hitting, it is better to do what the Japanese are doing right now, which is warn the population of the possibility of a larger coming earthquake.

Certainly now we can all be on the same page that there IS a temporary increase in activity taking place in multiple locations globally, thus warnings should be issued for a general watch for normally earthquake prone areas, and give instructions to have a plan.

Keep in mind that this 4.1M earthquake struck at a location where “professionals” are concerned about a potential eruption — Salton Sea Volcano could erupt if earthquake / seismic conditions are right (their words not mine). The volcano was elevated to “active” status in 2011 based upon some kind of internal USGS technicality.

See the news report on Salton Sea eruption potential here :

Main Stream Media Confirms Possible Salton Sea… by dutchsinse


A rare magnitude 3.2 earthquake has struck South Central Utah near the dormant Markagunt volcanic plateau.

The last eruption of this volcano was nearly 1,000 years ago. (1050AD – in the early middle ages / late dark age)

markagunt-plateau-may-31-2015-volcanic-earthquakemarkagunt-plateau-earthquake-may-31-2015May 31, 2015 – Magnitude 3.2 earthquake strikes the Markagunt volcanic plateau in South Utah. The plateau is made up of multiple lava flows which extend from a cluster of long dormant volcanic cinder cones. The obvious volcanoes stand out easily, the more weathered flows to the North (near the earthquake epicenter) are much more eroded, and hard to differentiate from the surrounding mountains.


This earthquake in Utah (at a dormant volcano) immediately followed a 4.1 magnitude earthquake which struck at Salton Sea Volcano in Southern California near San Diego, CA.

http://dutchsinse.com/5312015-southern-california-4-1m-earthquake-at-salton-sea-volcano-unrest-showing/

The Salton Sea volcanic buttes are “active” as opposed to the long dormant Markagunt volcanoes.

salton-sea-volcano


 

For there to be two different earthquakes at two different volcanoes in the Southwest United states within about 2 hours time, this lets us know greater pressure is building on the West coast of the United States.

The greater craton pressure is putting stress on the magma chambers of a few (so far) Southwestern United States dormant volcanoes, also pressure showing up via a series of earthquakes at the fracking operation weak points in the midwest (Illinois + Kansas).

Keep watch for more activity, and at this point.. you better start looking up the coordinates of each earthquake above 3.0M on the West coast to see what resides at the location.

You can use the USGS coordinates from : http://earthquake.usgs.gov

Then use a full version of Google earth to look up the earthquake , download a copy of google earth here: http://earth.google.com


 

nformation on this earthquake in Utah near the Markagunt volcanoes from the USGS:

Scientific – Origin

http://earthquake.usgs.gov/earthquakes/eventpage/uu60112622#scientific_origin:uu_uu60112622

Untitled8IIP8840

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A new study provides “incontrovertible evidence” that the volcanic super-eruption of Toba on the island of Sumatra about 73,000 years ago deforested much of central India, some 3,000 miles from the epicenter, researchers report.

The volcano ejected an estimated 800 cubic kilometers of ash into the atmosphere, leaving a crater (now the world’s largest volcanic lake) that is 100 kilometers long and 35 kilometers wide. Ash from the event has been found in India, the Indian Ocean, the Bay of Bengal and the South China Sea.

right ash reflected

The bright ash reflected sunlight off the landscape, and volcanic sulfur aerosols impeded solar radiation for six years, initiating an “Instant Ice Age” that — according to evidence in ice cores taken in Greenland — lasted about 1,800 years.

During this instant ice age, temperatures dropped by as much as 16 degrees centigrade (28 degrees Fahrenheit), said University of Illinois anthropology professor Stanley Ambrose, a principal investigator on the new study with professor Martin A.J. Williams, of the University of Adelaide. Williams, who discovered a layer of Toba ash in central India in 1980, led the research.

The climactic effects of Toba have been a source of controversy for years, as is its impact on human populations.

In 1998, Ambrose proposed in the Journal of Human Evolution that the effects of the Toba eruption and the Ice Age that followed could explain the apparent bottleneck in human populations that geneticists believe occurred between 50,000 and 100,000 years ago. The lack of genetic diversity among humans alive today suggests that during this time period humans came very close to becoming extinct.

To address the limited evidence of the terrestrial effects of Toba, Ambrose and his colleagues pursued two lines of research: They analyzed pollen from a marine core in the Bay of Bengal that included a layer of ash from the Toba eruption, and they looked at carbon isotope ratios in fossil soil carbonates taken from directly above and below the Toba ash in three locations in central India.

Carbon isotopes reflect the type of vegetation that existed at a given locale and time. Heavily forested regions leave carbon isotope fingerprints that are distinct from those of grasses or grassy woodlands.

Both lines of evidence revealed a distinct change in the type of vegetation in India immediately after the Toba eruption, the researchers report. The pollen analysis indicated a shift to a “more open vegetation cover and reduced representation of ferns, particularly in the first 5 to 7 centimeters above the Toba ash,” they wrote in the journal Palaeogeography, Palaeoclimatology, Palaeoecology. The change in vegetation and the loss of ferns, which grow best in humid conditions, they wrote, “would suggest significantly drier conditions in this region for at least one thousand years after the Toba eruption.”

The dryness probably also indicates a drop in temperature, Ambrose said, “because when you turn down the temperature you also turn down the rainfall.”

The carbon isotope analysis showed that forests covered central India when the eruption occurred, but wooded to open grassland predominated for at least 1,000 years after the eruption.

“This is unambiguous evidence that Toba caused deforestation in the tropics for a long time,” Ambrose said. This disaster may have forced the ancestors of modern humans to adopt new cooperative strategies for survival that eventually permitted them to replace neandertals and other archaic human species, he said.

unambiguous evidence————————————–

Merdeka.com-Village Sitoluama,

Merdeka.com-Village Sitoluama, district Laguboti, Toba Samosir Regency, North Sumatra, restless with unusual occurrences. The soil on the side of the House residents put out hot steam like gas and pungent-smelling.

The alleged harmful vapors showed up on Wednesday (27/5), the right side of the home page of Purasa, about ten kilometers from the Capital town of Balige, Toba Samosir Regency.

“Hot steam like gas and pungent smells coming out of the pores of the soil it is feared to threaten the safety of local people, so we report it to the authorities,” said one resident, Purasa Silalahi on Sitoluama, Saturday (30/5).

Indeed, advanced Purasa, since three weeks the temperature around her very hot, good day or night. In fact, any House floor ceramic tile feels hot.

Feeling suspicious, the conditions he intends to dig into the ground next to his house as deep as 50 centimeters and turns to steam heat with a temperature of smoke had emerged from the pit quarry. Due to fear of minerals with the condition that he immediately covered pit again.

“Hot steam and smells made us feel afraid of the gas that can be burned, so these findings are reported directly to the head of a local village,” explains Purasa.

The village chief Sitoluama, Moppo Old Pangaribuan said, hot steam that is troubling the citizens it has reported to the environmental protection agency of Toba Samosir.

The use, on its territory there has been research on 20 years ago and there is a sign or a PIN that there is oil in the area.

“First there was the research in this area. But the results to date there has been no certainty and now all of a sudden appear in the form of gas. We hope relevant agencies can examine repeated for convenience of society, “said Mappo.

Meanwhile, the Head of the environmental agency of Toba Samosir, Parulian Siregar said, his side has continued to report the discovery of the citizens over the discovery of the hot steam that is troubling.

“We tried to coordinate with the Central Department of mines and energy of North Sumatra as well as the relevant parties to know for sure the source of steam, including handling solutions,” Parulian said.

————————————-

island of Sumatra

A supervolcanic eruption thought to have nearly driven humanity extinct may not have endangered the species after all, a new investigation suggests.

Supervolcanoes are capable of eruptions dwarfing anything ever seen in recorded history, expelling thousands of times more magma and ash than even a Mount St. Helens or Pinatubo. A supervolcanic eruption could wreak as much havoc as the impact of a mile-wide asteroid,by blotting out the sun with ash, reflecting its rays and cooling the Earth — a phenomenon called a “volcanic winter.” A dozen or so supervolcanoes exist today, some of them lying at the bottom of the sea.

The largest supervolcano eruption of the past 2.5 million years was a series of explosions of Mount Toba on the Indonesian island of Sumatra about 75,000 years ago. Researchers say Toba spewed out a staggering 700 cubic miles (2,800 cubic kilometers) of magma, equivalent in mass to more than 19 million Empire State Buildings. By comparison, the infamous blast from the volcanic Indonesian island of Krakatoa in 1883, one of the largest eruptions in recorded history, released about 3 cubic miles (12 cubic km) of magma.

About the same time the eruption took place, the number of modern humans apparently dropped cataclysmically, as shown by genetic research. People today evolved from the few thousand survivors of whatever befell humans in Africa at the time. The giant plume of ash from Toba stretched from the South China Sea to the Arabian Sea, and in the past investigators proposed the resulting volcanic winter might have caused this die-off. [Countdown: History’s Most Destructive Volcanoes]

However, recently scientists have suggested that Toba did not sway the course of human history as much as previously thought. For instance, prehistoric artifacts discovered in India and dating from after the eruption hinted that people coped fairly well with any effects of the eruption.

Now researchers have found that the evidence shows Toba didn’t actually cause a volcanic winter in East Africa where humans dwelled.

“We have been able to show that the largest volcanic eruption of the last two million years did not significantly alter the climate of East Africa,” said researcher Christine Lane, a geologist at the University of Oxford.

Ash in Africa

Lane and her colleagues examined ash from Toba recovered from mud extracted from two sites at the bottom of Lake Malawi, the second largest lake in the East African Rift Valley.

“We first started looking for the Toba ash a few years back, but it’s a bit like looking for a needle in a haystack, so it took a while,” Lane told OurAmazingPlanet. “Between myself and my co-author Ben Chorn, we systematically processed every centimeter of sediment between 24 to 46 meters [78 to 150 feet] depth in the central basin core. The layer is so small that if we leave any gaps in our search, we could miss it completely.”

Their analysis discovered that a thin layer of ash in this sediment about 90 feet (27 m) below the lake floor was from the last of the Toba eruptions, known as Youngest Toba Tuff.

“The Toba super-eruption dispersed huge volumes of ash across much of the Indian Ocean, Indian Peninsula and South China Sea,” Lane said. “We have discovered the layer of volcanic ash was carried about twice the distance as previously thought, over more than 7,000 kilometers [4,350 miles].”

The amount of ash found in the Malawi sediment core (a cylindrical log of sediment drilled from the ground), was more than the scientists expected to find.

“I was surprised to find so much ash in the Lake Malawi record,” Lane added. “The ash is very tiny, composed of shards of volcanic glass smaller than the diameter of a human hair. Nevertheless, in a lot of records I have worked on previously, even within just a few hundreds of miles of an eruption center, we sometimes only find less than 100 shards of glass within a gram of sediment. In Malawi, we have thousands of shards of glass per gram, which really shows how voluminous the Youngest Toba Tuff was.”

Quick recovery

If the area had seen dramatic cooling because of all the ash spewed into the atmosphere, living matter near the lake surface would likely have died off, significantly altering the composition of the lake’s mud. However, when the researchers investigated algae and other organic matter from the layer that contained the ash from Toba, they saw no evidence of a significant temperature drop in East Africa. Apparently, “the environment very quickly recovered from any atmospheric disturbance that may have occurred,” Lane said.

But these results, detailed online April 29 in the journal Proceedings of the National Academy of Sciences, don’t mean that super-eruptions aren’t as big a risk to Earth’s denizens as previously suggested.

“It is important to realize that every volcanic eruption is different and the Youngest Toba Tuff provides only one example,” Lane said. “The impact of an eruption depends not just on the amount of ash erupted, but also the composition and volume of aerosols, how high in the atmosphere the ash is injected and the meteorological conditions at the time.”

As for what might explain the near-extinction humanity apparently once experienced, perhaps another kind of catastrophe, such as disease, hit the species. It may also be possible that such a disaster never happened in the first place — genetic research suggests modern humans descend from a single population of a few thousand survivors of a calamity, but another possible explanation is that modern humans descend from a few groups that left Africa at different times.

Future research will analyze what effects Toba may or may not have had on other lakes in East Africa.

“Whilst from this we can hypothesize that the global climatic impact was not as dramatic as some have suggested, we will need to find similarly high-resolution records of past climate from other regions that also contain Youngest Toba Tuff in order to definitively test this,” Lane said.

——————————————

volcanic super-eruption

What would happen if the supervolcano at Yellowstone National Park suddenly erupted?

It’s a terrifying thought, to say the least.

The eruptions of supervolcanoes are thousands of times larger and more powerful than normal volcanoes. Though there are very few known supervolcanoes on Earth — the one that exists under Yellowstone National Park is one of the most researched and well-documented.

This supervolcano erupted three times in the distant past, with the last known caldera-forming supereruption occurring about 640,000 years ago. Each eruption drastically altered the North American geological landscape and had far-reaching impacts felt across the world.

But according to Dr. Shannon Kobs Nawotniak, a volcanologist and assistant professor with the Department of Geosciences at Idaho State University, it’s difficult to know exactly what a supervolcano eruption would look like.

“Nobody has ever seen a supervolcano erupt, and there’s never been any human documentation of an event like this occurring,” she said. “The last eruption at Yellowstone occurred long before humans came to North America.”

Volcano

Continued from A1

The last time a supervolcano erupted anywhere on Earth was approximately 70,000 years ago in Lake Toba on the Indonesian island of Sumatra. This event is believed to have killed most of the humans beings living on the planet at the time. But historians and archeologists have never uncovered any human record of the eruption from that time period.

Without human documentation, geologists have had to use geological records and scientific research to piece together the events that occurred in Yellowstone 640,000 years ago.

Last month, the Associated Press reported scientists discovered a massive magma chamber underneath the supervolcano large enough to fill the Grand Canyon 11 times over. This new discovery was important because it gives researchers a better understanding of the park’s volcanic plumbing system.

With each new discovery, scientists get closer to fully understanding the mysteries of Yellowstone’s supervolcano and what to expect from a supereruption.

Unzipping

According to Jake Lowenstern, the scientist-in-charge of the Yellowstone Volcano Observatory, the buildup to any volcanic eruption could take weeks, months or even years. Some eruptions are quick, but some can take decades.

But the warning signs of an eruption of the Yellowstone Caldera would be apparent. Scientists at the observatory, which closely monitors the park’s volcanic system, would be the first to see the signs.

“We’d expect abundant large earthquakes, doming of the earth’s surface and rock-hurling explosions from the geothermal areas,” Lowenstern said in a written statement. “There would be way more activity than we currently observe.”

Dr. Mike McCurry, a volcanologist and professor at ISU’s Department of Geosciences, said Yellowstone would go through an “unzipping” process before a supereruption. Massive rifts would start to form in the park, and lava reservoirs would move to the surface, some potentially as large as 30 miles across.

Judging from evidence from the last supereruption, this violent movement in the Earth would be concluded by a massive eruption. The explosion would send molten rock and debris in every direction, killing and destroying everything within a 50-mile radius. The sound of the explosion would be among the loudest sounds ever heard.

From Southeast Idaho’s perspective, Nawotniak and McCurry said the eruption would look like a giant mushroom cloud filling the northern sky. Pocatello and the surrounding areas would likely be far enough away to survive the blast.

But for Southeast Idaho and the rest of the world, the worst would be yet to come.

Life and death

When the Yellowstone Caldera last erupted, it sent so much volcanic ash into the air it blanketed lands as far east as the Mississippi River.

Scientists saw the impact of volcanic ash firsthand in 1980 after the eruption of Mount St. Helens. Nawotniak said the ash from that volcanic eruption circled the globe twice in 14 days, and towns surrounding the volcano in Washington state were put at a standstill because of the ashfall.

But the volcanic ash produced from Mount St. Helens is just a fraction of what a supereruption would produce.

Nawotniak said the eruption in 1980 ejected about 0.07 cubic miles of ash. But the ash from the last supereruption in Yellowstone is estimated to have ejected over 240 cubic miles of ash.

If the Yellowstone Caldera suddenly blew, residents in Southeast Idaho would have a short time before the area became inundated with ash, so a quick escape to safer ground might be possible after the eruption.

“When the ash comes down, the problem is it doesn’t melt like snow,” Nawotniak said. “It would just sit there.”

Unlike the ash produced from small fires, the ash produced by a supervolcano would be filled with minuscule fragments of jagged rocks. This would clog up and severely damage all the machines in the area, grounding all airplanes and likely destroying automobile engines. With mechanical vehicles at a standstill, attempts at an escape or a rescue would likely fail.

Plus, the ashfall would make the air and water quality incredibly hazardous. Breathing would become very difficult for some residents, particularly those with asthma and respiratory ailments,

With aviation and rescue vehicles unable to get in or out of the area, the stranded Southeast Idaho residents who did not have access to clean water or prepackaged food would be facing a dire life and death situation.

Year without a summer

But Southeast Idaho would not be the only place dealing with the disastrous aftermath of a Yellowstone supereruption.

If the previous supereruption is any indication, much of the country’s grain belt in the American Midwest would be covered in ash as well. The ash would likely destroy most of the crops and livestock, which could lead to a famine and cause devastating economic consequences the world over.

But once the ash gets into the atmosphere and begins to circle the globe, it could hinder or completely block out sunlight for many years in areas across the world.

Historians have already seen a similar event occur within the past two centuries. In 1815, Mount Tambora in the Dutch East Indies erupted. At the time, it was the most powerful volcanic eruption seen on Earth in at least 1,300 years. The Northern Hemisphere witnessed a volcanic winter the following year, as ash deposits settled in the world’s atmosphere and hindered sunlight.

The effects of Mount Tambora’s eruption were felt in 1816 (nicknamed “The Year Without a Summer”). During that time, the average global temperature dropped between 0.7 and 1.3 degrees Fahrenheit, and farmers in North America and Europe dealt with massive crop failures, leading to widespread hunger and economic disaster.

In the aftermath of another Yellowstone supereruption, the world could have another so-called Year Without a Summer but on a more massive and destructive scale.

Pop culture

What are the odds of another supereruption occurring at Yellowstone in our lifetime? According to scientists, the odds are astronomically small.

“I’d be more concerned about getting killed crossing the street,” McCurry said.

But the small odds haven’t curbed the public’s fascination with the Yellowstone Caldera and supervolcanoes.

Every year, millions of visitors from around the world travel to northwest Wyoming to see the geysers, the lakes and all the other unique natural features that are byproducts of the cataclysmic eruption that occurred hundreds of thousands of years ago.

The supervolcano has even entered the realm of pop culture. The doomsday film “2012” depicted a Yellowstone Caldera eruption and its disastrous effects, while the National Geographic Channel and PBS have aired numerous documentaries on the subject during the past 10 years.

But there has also been a downside to the growing awareness of the park’s volcanic history. Every report of an earthquake or sudden geological change in the landscape in Yellowstone brings fears of an impending supereruption.

“Yes, the land changes at Yellowstone quite frequently, but that’s perfectly normal,” McCurry said.

In April 2014, the Associated Press said the National Park Service was fighting rumors of a possible supereruption after a video depicting bison allegedly running away from the supervolcano appeared on YouTube. However, a parks spokesman said the animals were actually running toward the park’s interior and the volcano.

But Nawotniak and McCurry said widespread fears of an impending supereruption could scare tourists away from Yellowstone National Park, thus causing an economic depression in the region.

There were fears that the Long Valley Caldera in eastern California was going to erupt after a strong earthquake swarm occurred in May 1980. However, the eruption never occurred, but the fears scared tourists away and caused a negative economic impact in area towns.

Nawotniak said she has had to reassure local residents at times that it is safe to visit Yellowstone.

“Luckily, the more dangerous the natural disaster, the less likely it’s going to happen,” she said.

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