§ 1–1161.01. Definitions.

For the purposes of this chapter, the term:

(1) "Administrative decision" means any activity directly related to action by an executive agency or official in the executive branch to:

(A) Make any contract, grant, reprogramming, or procurement of goods or services;

(B) Issue a Mayor's order;

(C) Cause to be undertaken a rulemaking proceeding (which does not include a formal public hearing) under the Administrative Procedure Act; or

(D) Propose legislation or make nominations to the Council, the President, or Congress.

(2) “Administrative Procedure Act” means Chapter 5 of Title 2 [§ 2-501 et seq.].

(2A) “Affiliated entity” means each business entity that is related to an entity by virtue of one of the following relationships:

(A) One of the entities controls the other; or

(B) The entities share a controller, whether that controller is another entity or an individual.

(3) “Affiliated organization” means:

(A) An organization or entity:

(i) In which the employee serves as officer, director, trustee, general partner, or employee;

(ii) In which the employee or member of the employee’s household is a director, officer, owner, employee, or holder of stock worth $1,000 or more at fair market value; or

(iii) That is a client of the employee or a member of the employee’s household; or

(B) A person with whom the employee is negotiating for or has an arrangement concerning prospective employment.

(3A) "Base amount" means the amounts a participating candidate is eligible to receive as lump-sum payments under § 1-1163.32d.

(3B) "Board" means the Board of Ethics and Government Accountability established by § 1-1162.02.

(3C) “Bundled” or “bundling” means to forward or arrange to forward two or more contributions from one or more persons by a person who is not acting with actual authority as an agent or principal of a committee. Hosting a fundraiser, by itself, shall not constitute bundling.

(4) “Business or business entity” means any corporation, partnership, sole proprietorship, firm, nonprofit corporation, enterprise, franchise, association, organization, self-employed individual, holding company, joint stock, trust, and any legal entity through which business is conducted, whether for profit or not.

(4A) “Business contributor” means a business entity making a contribution and all of that entity's affiliated entities.

(5) “Business with which he or she is associated” means any business of which the person or member of his or her household is a director, officer, owner, employee, or holder of stock worth $1,000 or more at fair market value, and any business that is a client of that person.

(5A) "Campaign Finance Board" means the Campaign Finance Board established by § 1-1163.02.

(6) "Candidate" means an individual who seeks election to public office, whether or not the individual is nominated or elected. An individual deemed to be a candidate for the purposes of this chapter shall not be deemed, solely by reason of that status, to be a candidate for the purposes of any other law. For the purposes of this paragraph, an individual shall be deemed to seek nomination for election, or election, if the individual:

(A) Obtained or authorized any other person to obtain nominating petitions to qualify the individual for election to public office;

(B) Received contributions or made expenditures, or has given consent to any other person to receive contributions or make expenditures, with a view to bringing about the individual's election to public office; or

(C) Knows, or has reason to know, that any other person has received contributions or made expenditures for that purpose, and has not notified that person in writing to cease receiving contributions or making expenditures for that purpose; provided, that an individual shall not be deemed to be a candidate if the individual notifies each person who has received contributions or made expenditures that the individual is only testing the waters, has not yet made any decision whether to seek election to public office.

(6A) "Candidate seeking certification" means a candidate for a covered office who:

(A) Has complied with § 1-1163.12; and

(B) Indicated on the registration statement that the candidate will seek certification as a participating candidate under § 1-1163.32c.

(7) “Code of Conduct” means those provisions contained in the following:

(A) For members and employees of the Council, the Code of Official Conduct of the Council of the District of Columbia, as adopted by the Council;

(B) Sections 1-618.01 through 1-618.02;

(D) Section 2-354.16;

(E) For employees and public officials who are not members or employees of the Council, Chapter 18 of Title 6B of the District of Columbia Municipal Regulations;

(E-i) Chapter 11B of this title [§ 1-1171.01 et seq.];

(F) Parts C, D, and E of subchapter II, and part F of subchapter III of this chapter for the purpose of enforcement by the Elections Board of violations of § 1-1163.38 that are subject to the penalty provisions of § 1-1162.21.

(G) Section 1-329.01, concerning gifts to the District of Columbia.

(8) “Commodity” means commodity as defined in section 1a of the Commodity Exchange Act, approved September 21, 1922 (42 Stat. 998; 7 U.S.C. § 1a).

(9) "Compensation", for the purposes of part E of subchapter II of this chapter, means any money or an exchange of value received, regardless of its form, by a person acting as a lobbyist.

(9A) "Contested election" means an election for a seat for a covered office for which there are at least 2 candidates, at least one of whom is a participating candidate.

(9B) For the purposes of a contract, as that term is defined in paragraph (10C)(A)(ii) of this section, "contracting authority" means:

(A) The Chief Procurement Officer, as defined in § 2-351.04(11) of the PPRA;

(B) Any agency listed in § 2-352.01(b) of the PPRA;

(D) The Council of the District of Columbia.

(10)(A) “Contribution” means:

(i) A gift, subscription (including any assessment, fee, or membership dues), loan (except a loan made in the regular course of business by a business engaged in the business of making loans), advance, or deposit of money or anything of value (including contributions in cash or in kind), made for the purpose of financing, directly or indirectly:

(I) The election of a candidate;

(II) Any operations of a political committee, political action committee, or independent expenditure committee; or

(III) The campaign to obtain signatures on any initiative, referendum, or recall measure, or to bring about the ratification or defeat of any initiative, referendum, or recall measure;

(ii) A transfer of funds between:

(I) Political committees;

(II) Political action committees;

(III) A political committee and a political action committee; or

(IV) Candidates;

(iii) The payment, by any person other than a candidate, a political committee, political action committee, or independent expenditure committee of compensation for the personal services of another person that are rendered to such candidate or committee without charge or for less than reasonable value, or the furnishing of goods, advertising, or services to a candidate's campaign without charge or at a rate which is less than the rate normally charged for such services; and

[(iv)] An expenditure that is coordinated with a public official, a political committee affiliated with a public official, or an agent of any person described in this sub-subparagraph.

(B) Notwithstanding subparagraph (A) of this paragraph, the term “contribution” does not include:

(i) Personal or other services provided without compensation by a person (including an accountant or an attorney) volunteering a portion or all of the person's time to or on behalf of a candidate, political committee, political action committee, or independent expenditure committee;

(ii) Communications by an organization other than a political party solely to its members and their families on any subject;

(iii) Communications (including advertisements) to any person on any subject by any organization that is organized solely as an issue-oriented organization, which communications neither support nor oppose any candidate for office;

(iv) Normal billing credit for a period not exceeding 30 days;

(v) Services of an informational or polling nature, designed to seek the opinion of voters concerning the possible candidacy of a qualified elector for public office, before such qualified elector becomes a candidate;

(vi) The use of real or personal property, and the costs of invitations, food, and beverages voluntarily provided by a person to a candidate in rendering voluntary personal services on the person's residential premises for related activities; provided, that expenses do not exceed $500 with respect to the candidate's election; and

(vii) The sale of any food or beverage by a vendor for use in a candidate's campaign at a charge less than the normal comparable charge, if the charge for use in a candidate's campaign is at least equal to the cost of such food or beverage to the vendor; provided, that expenses do not exceed $500 with respect to the candidate's election.

(10A) “Control” or “controlling interest” means the practical ability to direct or cause to be directed the financial management policies of an entity. An ownership interest of 51% shall constitute a rebuttable presumption of control.

(10B)(A) "Coordinate" or "coordination" means to take an action, including making a contribution or an expenditure:

(i) At the explicit or implicit direction, request, or suggestion of a public official, a political committee affiliated with a public official, or an agent of a public official or a political committee affiliated with a public official; or

(ii) In cooperation, consultation, or concert with, or with other material involvement of a public official, a political committee affiliated with a public official, or an agent of a public official or a political committee affiliated with a public official.

(B) There shall be a rebuttable presumption that a contribution or an expenditure is coordinated with a public official, a political committee affiliated with a public official, or an agent of a public official or a political committee affiliated with a public official, if:

(i) The contribution or expenditure is made based on information that the public official, political committee affiliated with the public official, or an agent of a public official or a political committee affiliated with a public official, provided to the particular person making the contribution or expenditure about its needs or plans, including information about campaign messaging or planned expenditures;

(ii) The person making the contribution or expenditure retains the professional services of a person who also provides the public official, political committee affiliated with the public official, or an agent of a public official or a political committee affiliated with a public official, with professional services related to campaign or fundraising strategy;

(iii) The person making the contribution or expenditure is a political committee, political action committee, or independent expenditure committee that was established or is or was staffed in a leadership role by an individual who:

(I) Works or previously worked in a senior position or in an advisory capacity on the public official's staff or on the public official's principal campaign committee; or

(II) Who is a member of the public official's immediate family; or

(iv) The contribution or expenditure is made for the purpose of financing, directly or indirectly, the election of a candidate or a political committee affiliated with that candidate, and that candidate has fundraised for the person making the expenditure.

(10C)(A)(i) "Covered contractor" means any business entity, or a principal of a business entity, seeking or holding a contract or multiple contracts with the District government.

(ii) For the purposes of this paragraph, "contract" means agreements with an aggregate value of $250,000 or more, including the value of any option period or similar contract extension or modification, for:

(I) The rendition of services;

(II) The furnishing of any goods, materials, supplies, or equipment;

(III) The construction, alteration or repair of any District government-owned or District government-leased property;

(IV) The acquisition, sale, lease, or surplus and disposition of any land or building;

(V) A licensing arrangement;

(VI) A tax exemption or abatement; or

(VII) A loan or loan guarantee, not including loans made for non-commercial purposes, such as educational loans or residential mortgage loans.

(iii) For the purposes of this paragraph, the term "contract" shall not include a contract governing the employment of District government employees, including a collective bargaining agreement.

(B) Only contracts sought or held with overlapping contract periods shall be aggregated for the purposes of determining the aggregate value of multiple contracts under this paragraph.

(C) The term "seeking", for the purposes of a tax exemption or abatement, means that legislation authorizing that tax abatement or exemption is pending before the Council.

(10D) "Covered office" means the office of Mayor, Attorney General, Chairman of the Council, member of the Council elected at large, member of the Council elected by ward, member of the State Board of Education elected at large, and member of the State Board of Education elected by ward.

(10E) "Debate" means the public, moderated, reciprocal discussion of issues conducted by the Director of Campaign Finance pursuant to § 1-1163.32g.

(11) “Direct and predictable effect” means there is:

(A) A close causal link between any decision or action to be taken in the matter and any expected effect of the matter on the financial interest;

(B) A real, as opposed to a speculative possibility, that the matter will affect the financial interest; and

(12) “Director of Campaign Finance” means the Director of Campaign Finance of the Campaign Finance Board created by § 1-1163.02.

(13) “Director of Government Ethics” means the Director of Government Ethics created by § 1-1162.06.

(13A) "Director of Open Government" means the Director of Open Government created by § 1-1162.06.

(14) “Domestic partner” shall have the same meaning as provided in § 32-701(3).

(15) “Election” means a primary, general, or special election held in the District of Columbia for the purpose of nominating an individual to be a candidate for election to public office, or for the purpose of electing a candidate to public office, or for the purpose of deciding an initiative, referendum, or recall measure, and includes a convention or caucus of a political party held for the purpose of nominating such a candidate.

(16) “Election Code” means subchapter I of Chapter 10 of this title [§ 1-1001.01 et seq.].

(16A) "Election cycle" means:

(A) The period beginning on the day after the date of the most recent general election for a seat for a covered office and ending on the date of the next general election for that seat for the covered office; or

(B) In the case of a special election for a seat for a covered office, the period beginning on the day the special election is called and ending on the date of the special election for that seat for the covered office.

(17) “Elections Board” means the District of Columbia Board of Elections established under the Election Code, and redesignated by § 1-1163.05.

(18) “Employee” means, unless otherwise apparent from the context, a person who performs a function of the District government and who receives compensation for the performance of such services, or a member of a District government board or commission, whether or not for compensation.

(18A) “Entity” shall have the same meaning as provided in § 29-101.02.

(19) Repealed.

(20) “Executive agency” means:

(A) A department, agency, or office in the executive branch of the District government under the direct administrative control of the Mayor;

(B) The State Board of Education or any of its constituent elements;

(D) The Elections Board;

(E) Any District professional licensing and examining board under the administrative control of the executive branch; and

(F) The Campaign Finance Board.

(21)(A) “Expenditure” means:

(i) A purchase, payment, distribution, loan, advance, deposit, or gift of money or anything of value, made for the purpose of financing, directly or indirectly:

(I) The election of a candidate;

(II) Any operations of a political committee, political action committee, or independent expenditure committee; or

(III) The campaign to obtain signatures on any initiative, referendum, or recall petition, or to bring about the ratification or defeat of any initiative, referendum, or recall measure;

(ii) A transfer of funds between:

(I) Political committees;

(II) Political action committees;

(III) A political committee and a political action committee; or

(IV) Candidates.

(B) Notwithstanding subparagraph (A) of this paragraph, the term “expenditure” does not include incidental expenses (as defined by the Campaign Finance Board or the Board of Ethics and Government Accountability) made by or on behalf of a person in the course of volunteering that person's time on behalf of a candidate, political committee, or political action committee or the use of real or personal property and the cost of invitations, food, or beverages voluntarily provided by a person to a candidate in rendering voluntary personal services on the person's residential premises for candidate-related activity; provided, that the aggregate value of such activities by such person on behalf of any candidate does not exceed $500 with respect to any election.

(22) "Exploratory committee" means any person, or group of persons, organized for the purpose of exploring the feasibility of an individual becoming a candidate for public office in the District.

(22A) "Fair elections committee" means a political committee that only accepts contributions from:

(A) Individuals who are District residents, which shall not exceed $250 per individual per election cycle; or

(B) A membership organization, if the contributions consist of membership dues paid by individuals who are District residents that do not exceed:

(i) The amount of membership dues actually paid per member per election cycle; and

(ii) $250 per member per election cycle.

(22B) "Fair Elections Fund" means the fund established by § 1-1163.32i.

(22C) "Fair Elections Program" means the program to provide for publicly funded campaigns, established by § 1-1163.32a.

(23) “Gift” means a payment, subscription, advance, forbearance, rendering, or deposit of money, services, or anything of value, unless consideration of equal or greater value is received. The term “gift” shall not include:

(A) A contribution otherwise reported as required by law;

(B) A commercially reasonable loan made in the ordinary course of business; or

(24) “Home Rule Act” means Chapter 2 of this title [§ 1-201.01 et seq.].

(25) “Household” means a public official or employee and any member of his or her immediate family with whom the public official or employee resides.

(26) “Immediate family” means the spouse or domestic partner of a public official or employee and any parent, grandparent, brother, sister, or child of the public official or employee, and the spouse or domestic partner of any such parent, grandparent, brother, sister, or child.

(27) “Inaugural committee” means a person, or group of persons, organized for the purpose of soliciting, accepting, and expending funds and coordinating activities to celebrate the election of a new Mayor.

(28) “Income” means gross income as defined in section 61 of the Internal Revenue Code (26 U.S.C. § 61).

(28A) “Independent expenditure” means an expenditure that is:

(A) Made for the purpose of promoting or opposing:

(i) The nomination or election of a candidate;

(ii) A political party; or

(iii) Any initiative, referendum, or recall;

(B) Not controlled by or coordinated with:

(i) Any public official ;

(ii) Any agent of a public official, including a political committee; and

(28B) “Independent expenditure committee” means any committee, club, association, organization, or other group of individuals that:

(A) Is organized for the purpose of making independent expenditures;

(B) Is not controlled by or coordinated with:

(i) Any public official; or

(ii) An agent of a public official, including a political committee; and

(i) Political committees;

(ii) Political action committees; or

(iii) Candidates.

(28C) "Individual" means a natural person.

(29) “Internal Revenue Code” means the Internal Revenue Code of 1954, approved August 16, 1954 (68A Stat. 3; 26 U.S.C. § 1 et seq.), and the Internal Revenue Code of 1986, approved October 22, 1986 (100 Stat. 2085; 26 U.S.C. § 1 et seq.), as amended from time to time.

(30) “Legal defense committee” means a person or group of persons organized for the purpose of soliciting, accepting, and expending funds to defray the professional fees and costs for a public official's legal defense to one or more civil, criminal, or administrative proceedings arising directly out of the conduct of a campaign, the election process, or the performance of the public official's governmental activities and duties.

(31) “Legislative action” includes any activity conducted by an official in the legislative branch in the course of carrying out his or her duties as such an official, and relating to the introduction, passage, or defeat of any legislation in the Council, including measures that review or consider any contract, grant, reprogramming, or procurement decision.

(32)(A) “Lobbying” means communicating directly with any official in the legislative or executive branch of the District government with the purpose of influencing any legislative action or an administrative decision.

(B) The term “lobbying” shall not include:

(i) The appearance or presentation of written testimony by a person on his or her own behalf, or representation by an attorney on behalf of any such person in a rulemaking (which includes a formal public hearing), rate-making, or adjudicatory hearing before an executive agency or the Tax Assessor;

(ii) Information supplied in response to written inquiries by an executive agency, the Council, or any public official;

(iii) Inquiries concerning only the status of specific actions by an executive agency or the Council;

(iv) Testimony given before the Council or a committee of the Council, during which a public record is made of such proceedings or testimony submitted for inclusion in such a public record;

(v) A communication made through the instrumentality of a newspaper, television, or radio of general circulation, or a publication whose primary audience is the organization’s membership; and

(vi) Communications by a bona fide political party.

(33)(A) “Lobbyist” means any person who engages in lobbying.

(B) Public officials communicating directly or soliciting others to communicate with other public officials shall not be deemed lobbyists for the purposes of this chapter; provided, that a public official does not receive compensation in addition to his or her salary for such communication or solicitation and makes such communication and solicitation in his or her official capacity.

(33A) "Matching payments" means payments provided to a participating candidate for qualified small-dollar contributions under § 1-1163.32e.

(33B) "Material involvement" means, with respect to a contribution or expenditure, any communication to or from a public official, political committee affiliated with public official, or any agent of a public official or political committee affiliated with a public official, related to the contribution or expenditure. Material involvement includes devising or helping to devise the strategy, content, means of dissemination, or timing of the contribution or expenditure, or making any express or implied solicitation of the contribution or expenditure.

(33C) "Membership organization" means an organization that:

(A) Is tax-exempt under section 501(c) of the Internal Revenue Code;

(B) Is comprised of members who are individuals, whether or not the organization also has affiliated organizations; provided, that all of the members are required as a condition of membership to pay dues at least annually in amounts predetermined by the membership organization;

(D) Is neither a political committee nor otherwise organized for the principal purpose of promoting or opposing the nomination or election of a person to local, state, or federal public office.

(34) “Merit Personnel Act” means Chapter 6 of this title [§ 1-601.01 et seq.].

(34A) "Non-contribution account" means a financial account of a political action committee that is segregated from other accounts of the political action committee and is used for the sole purpose of making independent expenditures.

(35) “Office” means the office of Mayor, Attorney General, Chairman of the Council, member of the Council, member of the State Board of Education, or an official of a political party.

(36) “Official in the executive branch” means:

(A) The Mayor;

(B) Any officer or employee in the Executive Service;

(C) Persons employed under the authority of §§ 1-609.01 through 1-609.03 (except § 1-609.03(a)(3)) paid at a rate of DS-13 or above in the General Schedule or equivalent compensation under the provisions of subchapter XI of Chapter 6 of this title [§ 1-611.01 et seq.] or designated in § 1-609.08 (except paragraphs (9) and (10) of that section; or

(D) Members of boards and commissions designated in § 1-523.01(e).

(37) “Official in the legislative branch” means any candidate for Chairman or member of the Council in a primary, special, or general election, the Chairman or Chairman-elect or any member or member-elect of the Council, officers, and employees of the Council appointed under the authority of §§ 1-609.01 through 1-609.03 or designated in § 1-609.08.

(38) “Official of a political party” means:

(A) National committeemen and national committeewomen;

(B) Delegates to conventions of political parties nominating candidates for the Presidency and Vice Presidency of the United States;

(C) Alternates to the officials referred to in subparagraphs (A) and (B) of this paragraph, where permitted by political party rules; and

(D) Such members and officials of local committees of political parties as may be designated by the duly authorized local committees of such parties for election, by public ballot, at large or by ward in the District.

(39) Repealed.

(40) “Open Meetings Act” means subchapter IV of Chapter 5 of Title 2 [§ 2-571 et seq.].

(40A) "Participating candidate" means a candidate for a seat for a covered office who is certified under § 1-1163.32c.

(41) “Particular matter” is limited to meaning a deliberation, decision, or action that is focused upon the interests of specific persons, or a discrete and identifiable class of persons.

(42) “Person” means an individual, partnership, committee, corporation, labor organization, and any other organization.

(43) “Person closely affiliated with the employee” means a spouse, dependent child, general partner, a member of the employee’s household, or an affiliated organization.

(43A) “Political action committee” means any committee, club, association, organization, or other group of individuals that is:

(A) Organized for the purpose of promoting or opposing:

(i) The election of a person to public office;

(ii) A political party; or

(iii) Any initiative, referendum, or recall; and

(B) Not controlled by or coordinated with:

(i) Any public official or candidate; or

(ii) Any agent of a public official, including a political committee.

(44) “Political committee” means an committee, club, association, organization, or other group of individuals that is:

(A) Organized for the purpose of promoting or opposing:

(i) The election of a person to public office;

(ii) A political party; or

(iii) Any initiative, referendum, or recall; or

(B) An inaugural, transition, or legal defense committee; and

(45) “Political party” means an association, committee, or organization that nominates a candidate for election to any office and qualifies under subchapter I of Chapter 10 of this title [§ 1-1001.01 et seq.] to have the names of its nominees appear on the election ballot as the candidate of that association, committee, or organization.

(45A) "PPRA" means the Procurement Practices Reform Act of 2010 (Chapter 3A of Title 2).

(45B) "Principal" of a business entity, for purposes of paragraph (10C) of this section, means senior officers of that business entity, such as president, executive director, chief executive officer, chief operating officer, or chief financial officer. If a business entity is an educational institution, the term "principal" shall not include deans of that business entity.

(45C) "Prohibited period" means:

(A) For the types of contracts described in paragraph (10C)(A)(ii)(I), (II), (III), and (IV) (but not leases, or surpluses and dispositions) of this section, from the date of the solicitation or similar invitation or opportunity to contract to:

(i) If the covered contractor's response to the solicitation is unsuccessful, the termination of negotiations or notification by the District that the covered contractor's response was unsuccessful; or

(ii) If the covered contractor's response to the solicitation is successful, one year after the termination of the contract;

(B) For the types of contracts described in paragraphs (10C)(A)(ii)(IV) (only leases), (V), and (VII) of this section, from the date of the solicitation or similar invitation or opportunity to contract to:

(ii) If the covered contractor's response to the solicitation is successful, one year after the entrance into the contract;

(C) For the types of contracts described in paragraph (10C)(A)(ii)(IV) (only surpluses and dispositions) of this section, from the date of the solicitation or similar invitation or opportunity to contract to:

(i) If the covered contractor's response to the solicitation is unsuccessful before the introduction of legislation before the Council, the termination of negotiations or notification by the District that the covered contractor's response was unsuccessful; or

(ii) If the covered contractor's response to the solicitation is successful and legislation is introduced before the Council:

(I) If the legislation is not passed before the end of that Council Period or is disapproved, the end of that Council period; or

(II) If the legislation passes, one year after the effective date of the legislation; and

(D) For the types of contracts described in paragraph (10C)(A)(ii)(VI) of this section, from the introduction of legislation, or the inclusion of such a contract in pending legislation, before the Council to:

(i) If the legislation is not passed before the end of that Council Period or is disapproved, the end of that Council Period; or

(ii) If the legislation passes, one year after the effective date of the legislation.

(45D) "Prohibited recipient" means:

(A) If the covered contractor is seeking or holding a contract, as defined in paragraph (10C)(A)(ii) of this section, with, or for which the procurement process would be overseen by, a District agency subordinate to the Mayor:

(i) The Mayor;

(ii) Any candidate for Mayor;

(iii) Any political committee affiliated with the Mayor or a candidate for Mayor; and

(iv) Any constituent-service program affiliated with the Mayor;

(B) If the covered contractor is seeking or holding a contract, as defined in paragraph (10C)(A)(ii) of this section, with the Office of the Attorney General:

(i) The Attorney General;

(ii) Any candidate for Attorney General; and

(iii) Any political committee affiliated with the Attorney General or a candidate for Attorney General; and

(C) If the covered contractor is seeking or holding a contract, as defined in paragraph (10C)(A)(ii) of this section, with the Council, that must come before the Council for its approval pursuant to § 1-204.51, or which must otherwise be approved by the Council legislatively to take effect (such as tax abatements or exemptions, or surpluses and dispositions of District property):

(i) Any Councilmember;

(ii) Any candidate for Councilmember;

(iii) Any political committee affiliated with a Councilmember or a candidate for Councilmember; and

(iv) Any constituent-service program affiliated with a Councilmember.

(46) “Prohibited source” means any person that:

(A) Has or is seeking to obtain contractual or other business or financial relations with the District government;

(B) Conducts operations or activities that are subject to regulation by the District government; or

(C) Has an interest that may be favorably affected by the performance or non-performance of the employee’s official responsibilities.

(47) “Public official” means:

(A) A candidate;

(B) The Mayor, Chairman, and each member of the Council of the District of Columbia holding office under Chapter 2 of this title;

(D) A Representative or Senator elected pursuant to § 1-123;

(E) An Advisory Neighborhood Commissioner;

(F) A member of the State Board of Education;

(G) A person serving as a subordinate agency head in a position designated as within the Executive Service;

(G-i) Members of the Washington Metropolitan Area Transit Authority Board of Directors appointed appointed by the Council pursuant to § 9-1107.01(5)(a);

(G-ii) A Member or Alternate Member of the Washington Metrorail Safety Commission appointed by the District of Columbia pursuant to Article III.B. of the Metrorail Safety Commission Interstate Compact [§ 9-1109.11(III)(B)];

(H) A member of a board or commission listed in § 1-523.01(e);

(I) A District of Columbia Excepted Service employee, except an employee of the Council, paid at a rate of Excepted Service 9 or above, or its equivalent, who makes decisions or participates substantially in areas of contracting, procurement, administration of grants or subsidies, developing policies, land use planning, inspecting, licensing, regulating, or auditing, or acts in areas of responsibility that may create a conflict of interest or appearance of a conflict of interest; and any additional employees designated by rule by the Board of Ethics and Government Accountability who make decisions or participate substantially in areas of contracting, procurement, administration of grants or subsidies, developing policies, land use planning, inspecting, licensing, regulating, or auditing, or act in areas of responsibility that may create a conflict of interest or appearance of a conflict of interest; and

(J) An employee of the Council paid at a rate equal to or above the midpoint rate of pay for Excepted Service 9.

(47A) "Qualified small-dollar contribution" means a deposit of money, including in cash or in kind, with a value of $5 or more that:

(A) Is made for the purpose of financing the nomination or election of a candidate or any operations of a political committee;

(B) Meets the requirements of § 1-1163.32b; and

(47B) "Qualifying period" means:

(A) For a candidate running in a primary election, the period beginning on the day after the most recent general election for the seat for the covered office that the candidate is seeking and ending on the last day to file nominating petitions for the primary election for the seat for the covered office sought;

(B) For a candidate not running in a primary election, the period beginning on the day after the most recent general election for the seat for the covered office that the candidate is seeking and ending on the last day to file nominating petitions for the general election for the seat for the covered office sought; or

(C) For a candidate running in a special election, the period beginning on the day the special election is called and ending on the last day to file nominating petitions for the covered office sought.

(48) “Registrant” means a person who is required to register as a lobbyist under the provisions of § 1-1162.27.

(49) “Security” means a security as defined in section 2(1) of the Securities Act of 1933, approved May 27, 1933 (48 Stat. 74; 15 U.S.C. § 77b(1)).

(49A) "Small-dollar contributor" means an individual who:

(A) Is a District resident; and

(B) Contributes a qualified small-dollar contribution to a candidate seeking certification or a participating candidate.

(50) “Tax” means the taxes imposed under Chapter 1 of the Internal Revenue Code, under Chapter 18 of Title 47, and under the District of Columbia Public Works Act of 1954, approved May 18, 1954 (68 Stat. 101; D.C. Official Code § 34-2101passim); and any other provision of law relating to the taxation of property within the District.

(51) “Transactions in securities or commodities” means any acquisition, holding, withholding, use, transfer, or other disposition involving any security or commodity.

(52) “Transition committee” means any person, or group of persons, organized for the purpose of soliciting, accepting, or expending funds for office and personnel transition on behalf of the Mayor, Attorney General, or Chairman of the Council.

(53) "Uncontested election" means an election for a seat for a covered office for which there is only one participating candidate and no other candidate.

(Apr. 27, 2012, D.C. Law 19-124, § 101, 59 DCR 1862; Apr. 27, 2013, D.C. Law 19-286, § 3(a), 60 DCR 2319; Feb. 22, 2014, D.C. Law 20-79, § 2(a), 61 DCR 153; Feb. 22, 2014, D.C. Law 20-80, § 2(g), 61 DCR 169; July 15, 2014, DC. Law 20-122, § 2(a), 61 DCR 5688; Apr. 7, 2017, D.C. Law 21-240, § 2(a), 64 DCR 1598; May 5, 2018, D.C. Law 22-94, § 2(a), 65 DCR 2847; Oct. 30, 2018, D.C. Law 22-168, §§ 1002(a), 1083(a), 65 DCR 9388; Mar. 13, 2019, D.C. Law 22-250, § 6(b), 66 DCR 985; Sept. 11, 2019, D.C. Law 23-16, § 1042(a), 66 DCR 8621; Nov. 13, 2021, D.C. Law 24-45, § 1022(a), 68 DCR 010163; July 12, 2022, D.C. Law 24-147, §§ 154(a)(1), 169, 69 DCR 003386.)

Section References

This section is referenced in § 1-1001.02, § 1-1001.05, and § 1-1171.04.

Effect of Amendments

The 2013 amendment by D.C. Law 19-286 added (47)(G-1).

The 2014 amendment by D.C. Law 20-79 added (2A), (3A), (4A), (10A), (10B), (18A), (28A), (28B), (33A), and (43A); substituted “‘Business or business entity’” for “‘Business’” in (4); rewrote (6), (10), (21) and (44); substituted “of an individual’s becoming” for “of becoming” in (22); substituted “A contribution” for “A political contribution” in (23)(A); and, in (30), deleted the comma following “persons” and substituted “spending” for “expending”.

The 2014 amendment by D.C. Law 20-80 added D.C. Law 18-335, § 7a, which added (7)(E-i).

The 2014 amendment by D.C. Law 20-122 substituted “For members and employees of the Council, the” for “The” in (7)(A); added “For employees and public officials who are not members or employees of the Council” in (7)(E); and added (7)(G).

Applicability

Section 2 of D.C. Law 24-328 provided that the addition of paragraphs (9B), (10C), and (45A) through (45D) to this section shall not apply to: (1) Any inaugural or transition committee organized in 2022; and (2) Contracts, as defined in § 1-1161.01(10C)(A)(ii), including those contracts' option periods or similar contract extensions or modifications, sought, entered into, or executed before November 9, 2022.

Section 2 of D.C. Act 25-33 provided that the addition of paragraphs (9B), (10C), and (45A) through (45D) to this section shall not apply to: (1) Any inaugural or transition committee organized in 2022; and (2) Contracts, as defined in § 1-1161.01(10C)(A)(ii), including those contracts' option periods or similar contract extensions or modifications, sought, entered into, or executed before November 9, 2022.

Section 2 of D.C. Act 24-676 provided that the addition of paragraphs (9B), (10C), and (45A) through (45D) to this section shall not apply to: (1) Any inaugural or transition committee organized in 2022; and (2) Contracts, as defined in § 1-1161.01(10C)(A)(ii), including those contracts' option periods or similar contract extensions or modifications, sought, entered into, or executed before November 9, 2022.

Section 7183 of D.C. Law 24-45 repealed section 10(a) of D.C. Law 22-250 removing the applicability provision impacting this section. Therefore the amendment of this section by Law 22-250 has been implemented.

Section 7183 of D.C. Law 24-45 provided that the addition of paragraphs (9B), (10C), and (45A) through (45D) to this section shall not apply to contracts, as defined in § 1-1161.01(10C)(A)(ii), including those contracts' option periods or similar contract extensions or modifications, sought, entered into, or executed before November 9, 2022.

Section 7183 of D.C. Act 24-159 repealed section 10(a) of D.C. Law 22-250 removing the applicability provision impacting this section. Therefore the amendment of this section by Law 22-250 has been implemented.

Section 7183 of D.C. Act 24-159 provided that the addition of paragraphs (9B), (10C), and (45A) through (45D) to this section shall not apply to contracts, as defined in § 1-1161.01(10C)(A)(ii), including those contracts' option periods or similar contract extensions or modifications, sought, entered into, or executed before November 9, 2022.

Section 10(b) of D.C. Law 22-250 required that the new paragraphs (9B), (10C), (45A), (45B), (45C), and (45D), added to this section by D.C. Law 22-250, (1) Apply as of November 4, 2020; and (2) Not apply to contracts, as defined in D.C. Official Code § 1-1161.01(10C)(A)(ii)), including those contracts' option periods or similar contract extensions or modifications, sought, entered into, or executed before November 4, 2020.

Applicability of D.C. Law 22-250: § 10 of D.C. Law 22-250 provided that the change made to this section by § 6(b) of D.C. Law 22-250 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Section 3 of D.C. Law 22-168 amended section 3 of D.C. Law 22-94, removing the applicability restriction impacting this section. Therefore the amendment of this section by section 2(a) of D.C. Law 22-94 has been implemented as of November 7, 2018.

Applicability of D.C. Law 22-94: § 3 of D.C. Law 22-94 provided that the change made to this section by § 2(a) of D.C. Law 22-94 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Section 7009 of D.C. Law 21-160 repealed § 3 of D.C. Law 20-79. Therefore the changes made to this section by D.C. Law 20-79 have been given effect.

Applicability of D.C. Law 20-79: Section 3 of D.C. Law 20-79 provided that the act shall apply upon the latest of: (1) The inclusion of the fiscal effect of the act in an approved budget and financial plan, as certified by the Chief Financial Officer to the Budget Director of the Council in a certification published by the Council in the District of Columbia Register; or (2) January 31, 2015.

A certification dated February 4, 2015, that the fiscal effect of the Campaign Finance Reform and Transparency Amendment Act of 2013, D.C. Law 20-79, has been included in an approved budget and financial plan was published in the D.C. Register on March 13, 2015 (62 DCR 2988).

Emergency Legislation

For temporary (90 days) amendment of this section, see § 1022(a) of Fiscal Year 2022 Budget Support Emergency Act of 2021 (D.C. Act 24-159, Aug. 23, 2021, 68 DCR 008602).

For temporary (90 days) amendment of this section, see § 2(a) of Fair Elections Clarification Emergency Amendment Act of 2021 (D.C. Act 24-129, July 29, 2021, 68 DCR 007672).

For temporary (90 days) amendment of this section, see § 1042(a) of Fiscal Year 2020 Budget Support Congressional Review Emergency Act of 2019 (D.C. Act 23-112, Sept. 4, 2019, 66 DCR 11964).

For temporary (90 days) amendment of this section, see § 1042(a) of Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497).

For temporary (90 days) amendment of this section, see § 2(a) of Fair Elections Emergency Amendment Act of 2019 (D.C. Act 23-50, May 22, 2019, 66 DCR 6583).

For temporary (90 days) amendment of this section, see § 1083(a) of Fiscal Year 2019 Budget Support Congressional Review Emergency Act of 2018 (D.C. Act 22-458, Oct. 3, 2018, 65 DCR 11212).

For temporary (90 days) amendment of this section, see § 1002(a) of Fiscal Year 2019 Budget Support Congressional Review Emergency Act of 2018 (D.C. Act 22-458, Oct. 3, 2018, 65 DCR 11212).

For temporary (90 days) amendment of this section, see § 1083(a) of Fiscal Year 2019 Budget Support Emergency Act of 2018 (D.C. Act 22-434, July 30, 2018, 65 DCR 8200).

For temporary (90 days) amendment of this section, see § 1002(a) of Fiscal Year 2019 Budget Support Emergency Act of 2018 (D.C. Act 22-434, July 30, 2018, 65 DCR 8200).

For temporary (90 days) amendment of this section, see § 2(a) of Council Financial Disclosure Emergency Amendment Act of 2016 (D.C. Act 21-641, Jan. 25, 2017, 64 DCR 931).

For temporary (90 days) addition of D.C. Law 18-335, § 7a, amending subdivision (7) of this section, see § 2(g) of the Prohibition on Government Employee Engagement in Political Activity Emergency Amendment Act of 2013 (D.C. Act 20-25, March 7, 2013, 60 DCR 3986, 20 DCSTAT 485).

For temporary (90 days) addition of D.C. Law 18-335, § 7a, amending subdivision (7) of this section, see § 2(g) of the Prohibition on Government Employee Engagement in Political Activity Congressional Review Emergency Amendment Act of 2013 (D.C. Act 20-231, December 20, 2013, 61 DCR 3, 20 DCSTAT 2633).

Temporary Legislation

For temporary (225 days) amendment of this section, see § 2(a) of Fair Elections Clarification Temporary Amendment Act of 2021 (D.C. Law 24-32, Sept. 22, 2021, 68 DCR 007983).

For temporary (225 days) amendment of this section, see § 2(a) of Fair Elections Temporary Amendment Act of 2019 (D.C. Law 23-13, Aug. 24, 2019, 66 DCR 8058).

For temporary (225 days) addition of D.C. Law 18-335, § 7a, see § 2(g) of the Prohibition on Government Employee Engagement in Political Activity Temporary Amendment Act of 2013 (D.C. Law 20-4, May 18, 2013, 60 DCR 4624, 20 DCSTAT 1268).

For temporary (90 days) amendment of section, see § 2(a) of the Comprehensive Code of Conduct and BEGA Emergency Amendment Act of 2014, (D.C. Act 20-323, Apr. 28, 2014, 61 DCR 4681).

References in Text

The District of Columbia Public Works Act of 1954, referenced in paragraph (50) of this section, is primarily codified at § 9-101.16, subchapter I of Chapter 21 of Title 34, Chapter 23 of Title 34, §§ 34-2401.04, 34-2401.25, and 34-2405.02, subchapter IV of Chapter 24 of Title 34, and § 50-1501.02 and 50-1501.03.

Editor's Notes

Section 169 of D.C. Law 24-147 attempted to change "[(iv)]" found in subparagraph (A) of paragragh (10) of this section, but failed.