Part D. Miscellaneous.
§ 1–207.31. Services between United States government and District government. [Repealed]
Repealed.
§ 1–207.32. Personal interest in contracts or transactions.
Any officer or employee of the District who is convicted of a violation of § 208 of Title 18, United States Code , shall forfeit his office or position.
§ 1–207.33. Compensation from more than one source.
(a) Except as provided in this chapter, no person shall be ineligible to serve or to receive compensation as a member of the Board of Elections because he occupies another office or position or because he receives compensation (including retirement compensation) from another source.
(b) The right to another office or position or to compensation from another source otherwise secured to such a person under the laws of the United States shall not be abridged by the fact of his service or receipt of compensation as a member of such Board, if such service does not interfere with the discharge of his duties in such other office or position.
§ 1–207.34. Assistance of the United States Civil Service Commission in development of District merit system.
The United States Civil Service Commission is hereby authorized to advise and assist the Mayor and the Council in the further development of the merit system or systems required by § 1-204.22(3) and the said Commission is authorized to enter into agreements with the District government to make available its registers of eligibles as a recruiting source to fill District positions as needed. The costs of any specific services furnished by the Civil Service Commission may be compensated for under the provisions of § 1-207.31.
§ 1–207.35. Revenue sharing restrictions amendment [Omitted]
§ 1–207.36. Independent audit. [Repealed]
Repealed.
§ 1–207.37. Adjustments.
(a) Subject to 31 U.S.C. § 1537, the Mayor, with the approval of the Council, and the Director of the Office of Management and Budget, is authorized and empowered to enter into an agreement or agreements concerning the manner and method by which amounts owed by the District to the United States, or by the United States to the District, shall be ascertained and paid.
(b) The United States shall reimburse the District for necessary expenses incurred by the District in connection with assemblages, marches, and other demonstrations in the District which relate primarily to the federal government. The manner and method of ascertaining and paying the amounts needed to so reimburse the District shall be determined by agreement entered into in accordance with subsection (a) of this section.
(c) Each officer and employee of the District required to do so by the Council shall provide a bond with such surety and in such amount as the Council may require. The premiums for all such bonds shall be paid out of appropriations for the District.
§ 1–207.38. Advisory neighborhood commissions.
(a) The Council shall by act divide the District into neighborhood commission areas and, upon receiving a petition signed by at least 5 per centum of the registered qualified electors of a Neighborhood Commission area, shall establish for that neighborhood an elected Advisory Neighborhood Commission. In designating such neighborhoods, the Council shall consider natural geographic boundaries, election districts, and divisions of the District made for the purpose of administration of services.
(b) Elections for members of each Advisory Neighborhood Commission shall be nonpartisan, and shall be administered by the Board of Elections and Ethics. Advisory Neighborhood Commission members shall be elected from single-member districts within each neighborhood commission area by the registered qualified electors of such district.
(c) Each Advisory Neighborhood Commission:
(1) May advise the District government on matters of public policy including decisions regarding planning, streets, recreation, social services programs, health, safety, and sanitation in that neighborhood commission area;
(2) May employ staff and expend, for public purposes within its neighborhood commission area, public funds and other funds donated to it; and
(3) Shall have such other powers and duties as may be provided by act of the Council.
(d) In the manner provided by act of the Council, in addition to any other notice required by law, timely notice shall be given to each Advisory Neighborhood Commission of requested or proposed zoning changes, variances, public improvements, licenses, or permits of significance to neighborhood planning and development within its neighborhood commission area for its review, comment, and recommendation.
(e) In order to pay the expenses of the Advisory Neighborhood Commissions, enable them to employ such staff as may be necessary, and to conduct programs for the welfare of the people in a neighborhood commission area, the District government shall allot funds to the Advisory Neighborhood Commissions out of the general revenues of the District. The funding apportioned to each Advisory Neighborhood Commission shall bear the same ratio to the full sum allotted as the population of the neighborhood bears to the population of the District. The Council may authorize additional methods of financing Advisory Neighborhood Commissions.
(f) The Council shall by act make provisions for the handling of funds and accounts by each Advisory Neighborhood Commission and shall establish guidelines with respect to the employment of persons by each Advisory Neighborhood Commission, which shall include fixing the status of such employees with respect to the District government, but all such provisions and guidelines shall be uniform for all Advisory Neighborhood Commissions and shall provide that decisions to employ and discharge employees shall be made by the Advisory Neighborhood Commission. These provisions shall conform to the extent practicable to the regular budgetary, expenditure and auditing procedures and the personnel merit system of the District.
(g) The Council shall have authority, in accordance with the provisions of this chapter, to legislate with respect to the Advisory Neighborhood Commissions established in this section.
(h) The foregoing provisions of this section shall take effect only if agreed to in accordance with the provisions of § 1-207.03(a).
§ 1–207.39. National Capital Service Area.
(a) There is established within the District of Columbia the National Capital Service Area which shall include, subject to the following provisions of this section, the principal federal monuments, the White House, the Capitol Building, the United States Supreme Court Building, and the federal executive, legislative, and judicial office buildings located adjacent to the Mall and the Capitol Building, and is more particularly described in subsection (e) of this section.
(b) There is established in the Executive Office of the President the National Capital Service Director who shall be appointed by the President. The President, through the National Capital Service Director, shall assure that there is provided, utilizing District of Columbia governmental services to the extent practicable, within the area specified in subsection (a) of this section and particularly described in subsection (e) of this section, adequate fire protection and sanitation services. Except with respect to that portion of the National Capital Service Area comprising the United States Capitol Buildings and Grounds as defined in §§ 10-503.11 and 10-503.26, the United States Supreme Court Building and Grounds as defined in § 11 of the Act of August 18, 1949, as amended (40 U.S.C. § 13p), and the Library of Congress Buildings and Grounds as defined in § 11 of the Act of August 4, 1950, as amended (2 U.S.C. § 167j), the National Capital Service Director shall assure that there is provided within the remainder of such area specified in subsection (a) and subsection (e), adequate police protection and maintenance of streets and highways.
(c) The National Capital Service Director shall be entitled to receive compensation at the maximum rate as may be established from time to time for level IV of the Executive Schedule of § 5314 of Title 5 of the United States Code. The Director may appoint, subject to the provisions of Title 5 of the United States Code governing appointments in the competitive service, and fix the pay of, in accordance with the provisions of Chapter 51 and subchapter III of Chapter 53 of such title relating to classification and General Schedule pay rates, such personnel as may be necessary.
(d) Omitted.
(e)(1) Within 1 year after January 2, 1975, the President is authorized and directed to submit to the Congress a report on the feasibility and advisability of combining the Executive Protective Service and the United States Park Police within the National Capital Service Area, and placing them under the National Capital Service Director.
(2) Such report shall include such recommendations, including recommendations for legislative and executive action, as the President deems necessary in carrying out the provisions of paragraph (1) of this subsection.
(f)(1)(A) The National Capital Service Area referred to in subsection (a) of this section is more particularly described as follows: Beginning at that point on the present Virginia-District of Columbia boundary due west of the northernmost point of Theodore Roosevelt Island and running due east to the eastern shore of the Potomac River; thence generally south along the shore at the mean high water mark to the northwest corner of the Kennedy Center; thence east along the north side of the Kennedy Center to a point where it reaches the E Street Expressway; thence east on the expressway to E Street Northwest and thence east on E Street Northwest to 18th Street Northwest; thence south on 18th Street Northwest to Constitution Avenue Northwest; thence east on Constitution Avenue to 17th Street Northwest; thence north on 17th Street Northwest to Pennsylvania Avenue Northwest; thence east on Pennsylvania Avenue to Jackson Place Northwest; thence north on Jackson Place to H Street Northwest; thence east on H Street Northwest to Madison Place Northwest; thence south on Madison Place Northwest to Pennsylvania Avenue Northwest; thence east on Pennsylvania Avenue Northwest to 15th Street Northwest; thence south on 15th Street Northwest to Pennsylvania Avenue Northwest; thence southeast on Pennsylvania Avenue Northwest to John Marshall Place Northwest; thence north on John Marshall Place Northwest to C Street Northwest; thence east on C Street Northwest to 3rd Street Northwest; thence north on 3rd Street Northwest to D Street Northwest; thence east on D Street Northwest to 2nd Street Northwest; thence south on 2nd Street Northwest to the intersection of Constitution Avenue Northwest and Louisiana Avenue Northwest; thence northeast on Louisiana Avenue Northwest to North Capitol Street; thence north on North Capitol Street to Massachusetts Avenue Northwest; thence southeast on Massachusetts Avenue Northwest so as to encompass Union Square; thence following Union Square to F Street Northeast; thence east on F Street Northeast to 2nd Street Northeast; thence south on 2nd Street Northeast to D Street Northeast; thence west on D Street Northeast to 1st Street Northeast; thence south on 1st Street Northeast to Maryland Avenue Northeast; thence generally north and east on Maryland Avenue to 2nd Street Northeast; thence south on 2nd Street Northeast to C Street Southeast; thence west on C Street Southeast to New Jersey Avenue Southeast; thence south on New Jersey Avenue Southeast to D Street Southeast; thence west on D Street Southeast to Canal Street Parkway; thence southeast on Canal Street Parkway to E Street Southeast; thence west on E Street Southeast to the intersection of Canal Street Southwest and South Capitol Street; thence northwest on Canal Street Southwest to 2nd Street Southwest; thence south on 2nd Street Southwest to Virginia Avenue Southwest; thence generally west on Virginia Avenue to 3rd Street Southwest; thence north on 3rd Street Southwest to C Street Southwest; thence west on C Street Southwest to 6th Street Southwest; thence north on 6th Street Southwest to Independence Avenue; thence west on Independence Avenue to 12th Street Southwest; thence south on 12th Street Southwest to D Street Southwest; thence west on D Street Southwest to 14th Street Southwest; thence south on 14th Street Southwest to the middle of the Washington Channel; thence generally south and east along the mid-channel of the Washington Channel to a point due west of the northern boundary line of Fort Lesley McNair; thence due east to the side of the Washington Channel; thence following generally south and east along the side of the Washington Channel at the mean high water mark, to the point of confluence with the Anacostia River, and along the northern shore at the mean high water mark to the northern most point of the 11th Street Bridge; thence generally south and east along the northern side of the 11th Street Bridge to the eastern shore of the Anacostia River; thence generally south and west along such shore at the mean high water mark to the point of confluence of the Anacostia and Potomac Rivers; thence generally south along the eastern shore at the mean high water mark of the Potomac River to the point where it meets the present southeastern boundary line of the District of Columbia; thence south and west along such southeastern boundary line to the point where it meets the present Virginia-District of Columbia boundary; thence generally north and west up the Potomac River along the Virginia-District of Columbia boundary to the point of beginning.
(B) Where the area in subparagraph (A) of this paragraph is bounded by any street, such street, and any sidewalk thereof, shall be included within such area.
(2) Any federal real property affronting or abutting, as of December 24, 1973, the area described in paragraph (1) of this subsection shall be deemed to be within such area.
(3) For the purposes of paragraph (2) of this subsection, federal real property affronting or abutting such area described in paragraph (1) of this subsection shall:
(A) Be deemed to include, but not limited to, Fort Lesley McNair, the Washington Navy Yard, the Anacostia Naval Annex, the United States Naval Station, Bolling Air Force Base, and the Naval Research Laboratory; and
(B) Not be construed to include any area situated outside of the District of Columbia boundary as it existed immediately prior to December 24, 1973, nor be construed to include any portion of the Anacostia Park situated east of the northern side of the 11th Street Bridge, or any portion of the Rock Creek Park.
(g)(1) Subject to the provisions of paragraph (2) of this subsection, the President is authorized and directed to conduct a survey of the area described in this section in order to establish the proper metes and bounds of such area, and to file, in such manner and at such place as he may designate, a map and a legal description of such area, and such description and map shall have the same force and effect as if included in this chapter, except that corrections of clerical, typographical and other errors in any such legal descriptions and map may be made. In conducting such survey, the President shall make such adjustments as may be necessary in order to exclude from the National Capital Service Area any privately owned properties, and buildings and adjacent parking facilities owned by the District of Columbia government.
(2) In carrying out the provisions of paragraph (1) of this subsection, the President shall, to the extent that such survey, legal description, and map involves areas comprising the United States Capitol Buildings and Grounds as defined in §§ 10-503.11 and 10-503.26, and other buildings and grounds under the care of the Architect of the Capitol, consult with the Architect of the Capitol.
(h)(1) Except to the extent specifically provided by the provisions of this section, and amendments made by this section, nothing in this section shall be applicable to the United States Capitol Buildings and Grounds as defined in §§ 10-503.11 and 10-503.26, or to any other buildings and grounds under the care of the Architect of the Capitol, the United States Supreme Court Building and Grounds as defined in § 11 of the Act of August 18, 1949, as amended (40 U.S.C. § 13p), and the Library of Congress Buildings and Grounds as defined in § 11 of the Act of August 4, 1950, as amended (2 U.S.C. § 167j), and except to the extent herein specifically provided, including amendments made by this section, nothing in this section shall be construed to repeal, amend, alter, modify, or supersede any provision of §§ 10-503.11 to 10-503.19, 10-503.21 to 10-503.26, or any other of the general laws of the United States or any of the laws enacted by the Congress and applicable exclusively to the District of Columbia, or any rule or regulation promulgated pursuant thereto, in effect on the date immediately preceding January 2, 1975, pertaining to said buildings and grounds, or any existing authority, with respect to such buildings and grounds, vested by law, or otherwise, on such date immediately preceding January 2, 1975, in the Senate, the House of Representatives, the Congress, or any committee or commission or board thereof, the Architect of the Capitol, or any other officer of the legislative branch, the Chief Justice of the United States, the Marshal of the Supreme Court of the United States, or the Librarian of Congress.
(2) Notwithstanding the foregoing provision of this section, any of the services and facilities authorized by this chapter to be rendered or furnished (including maintenance of streets and highways, and services under § 1-207.31) shall, as far as practicable, be made available to the Senate, the House of Representatives, the Congress, or any committee or commission or board thereof, the Architect of the Capitol, or any other officer of the legislative branch vested by law or otherwise on such date immediately preceding January 2, 1975, with authority over such buildings and grounds, the Chief Justice of the United States, the Marshal of the Supreme Court of the United States, and the Librarian of Congress, upon their request, and, if payment would be required for the rendition or furnishing of a similar service or facility to any other federal agency, payment therefor shall be made by the recipient thereof, upon presentation of proper vouchers, in advance or by reimbursement (as may be agreed upon by the parties rendering and receiving such services).
(i) Except to the extent otherwise specifically provided in the provisions of this section, and amendments made by this section, all general laws of the United States and all laws enacted by the Congress and applicable exclusively to the District of Columbia, including regulations and rules promulgated pursuant thereto, in effect on the date immediately preceding January 2, 1975, and which, on such date immediately preceding January 2, 1975, are applicable to and within the areas included within the National Capital Service Area pursuant to this section shall, on and after January 2, 1975, continue to be applicable to and within such National Capital Service Area in the same manner and to the same extent as if this section had not been enacted, and shall remain so applicable until such time as they are repealed, amended, altered, modified, or superseded, and such laws, regulations and rules shall thereafter be applicable to and within such area in the manner and to the extent so provided by any such amendment, alteration, or modification.
(j) In no case shall any person be denied the right to vote or otherwise participate in any manner in any election in the District of Columbia solely because such person resides within the National Capital Service Area.
§ 1–207.40. Emergency control of police.
(a) Notwithstanding any other provision of law, whenever the President of the United States determines that special conditions of an emergency nature exist which require the use of the Metropolitan Police force for federal purposes, he may direct the Mayor to provide him, and the Mayor shall provide, such services of the Metropolitan Police force as the President may deem necessary and appropriate. In no case, however, shall such services made available pursuant to any such direction under this subsection extend for a period in excess of 48 hours unless the President has, prior to the expiration of such period, notified the Chairmen and ranking minority members of the Committees on the District of Columbia of the Senate and the House of Representatives, in writing, as to the reason for such direction and the period of time during which the need for such services is likely to continue.
(b) Subject to the provisions of subsection (c) of this section, such services made available in accordance with subsection (a) of this section shall terminate upon the end of such emergency, the expiration of a period of 30 days following the date on which such services are first made available, or the enactment into law of a joint resolution by the Congress providing for such termination, whichever first occurs.
(c) Notwithstanding the foregoing provisions of this section, in any case in which such services are made available in accordance with the provisions of subsection (a) of this section during any period of an adjournment of the Congress sine die, such services shall terminate upon the end of the emergency, the expiration of the 30-day period following the date on which Congress first convenes following such adjournment, or the enactment into law of a joint resolution by the Congress providing for such termination, whichever first occurs.
(d) Except to the extent provided for in subsection (c) of this section, no such services made available pursuant to the direction of the President pursuant to subsection (a) of this section shall extend for any period in excess of 30 days, unless the Senate and the House of Representatives enact into law a joint resolution authorizing such an extension.
§ 1–207.41. Holding Office in the District. [Repealed]
Repealed.
§ 1–207.42. Open meetings.
(a) All meetings (including hearings) of any department, agency, board, or commission of the District government, including meetings of the Council of the District of Columbia, at which official action of any kind is taken shall be open to the public. No resolution, rule, act, regulation, or other official action shall be effective unless taken, made, or enacted at such meeting.
(b) A written transcript or a transcription shall be kept for all such meetings and shall be made available to the public during normal business hours of the District government. Copies of such written transcripts or copies of such transcriptions shall be available, upon request, to the public at reasonable cost.
