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District of Columbia Official Code 2001 Edition. |
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Division VIII. General Laws. |
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Title 47. Taxation, Licensing, Permits, Assessments, and Fees. |
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Chapter 3. Budget and Financial Management; Borrowing; Deposit of Funds. |
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Subchapter VII. Financial Responsibility and Management Assistance. |
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Part A. Establishment and Organization of Authority.
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(a) Establishment. -- Pursuant to Article I, section 8, clause 17 of the Constitution of the United States, there is hereby established the District of Columbia Financial Responsibility and Management Assistance Authority, consisting of members appointed by the President in accordance with subsection (b) of this section. Subject to the conditions described in § 47-391.08 and except as otherwise provided in this Act, the Authority is established as an entity within the government of the District of Columbia, and is not established as a department, agency, establishment, or instrumentality of the United States Government.
(b) Membership. --
(1) In general. -- The Authority shall consist of 5 members appointed by the President who meet the qualifications described in subsection (c) of this section, except that the Authority may take any action under this Act (or any amendments made by this Act) at any time after the President has appointed 3 of its members.
(2) Consultation with Congress. -- The President shall appoint the members of the Authority after consulting with the Chair of the Committee on Appropriations and the Chair of the Committee on Government Reform and Oversight of the House of Representatives, the Chair of the Committee on Appropriations and the Chair of the Committee on Governmental Affairs of the Senate, and the Delegate to the House of Representatives from the District of Columbia.
(3) Chair. -- The President shall designate one of the members of the Authority as the Chair of the Authority.
(4) Sense of Congress regarding deadline for appointment. -- It is the sense of Congress that the President should appoint the members of the Authority as soon as practicable after April 17, 1995, but in no event later than 25 days after April 17, 1995.
(5) Term of service. --
(A) In general. -- Except as provided in subparagraph (B) of this paragraph, each member of the Authority shall be appointed for a term of 3 years.
(B) Appointment for term following initial term. -- As designated by the President at the time of appointment for the term immediately following the initial term, of the members appointed for the term immediately following the initial term:
(i) 1 member shall be appointed for a term of 1 year;
(ii) 2 members shall be appointed for a term of 2 years; and
(iii) 2 members shall be appointed for a term of 3 years.
(C) Removal. -- The President may remove any member of the Authority only for cause.
(D) Continuation of service until successor appointed. -- Upon the expiration of a term of office, a member of the Authority may continue to serve until a successor has been appointed.
(c) Qualifications for membership. -- An individual meets the qualifications for membership on the Authority if the individual:
(1) Has knowledge and expertise in finance, management, and the organization or operation of business or government;
(2) Does not provide goods or services to the District government (and is not the spouse, parent, child, or sibling of an individual who provides goods and services to the District government);
(3) Is not an officer or employee of the District government; and
(4) Maintains a primary residence in the District of Columbia or has a primary place of business in the District of Columbia.
(d) No compensation for service. -- Members of the Authority shall serve without pay, but may receive reimbursement for any reasonable and necessary expenses incurred by reason of service on the Authority.
(e) Adoption of by-laws for conducting business of authority. --
(1) In general. -- As soon as practicable after the appointment of its members, the Authority shall adopt by-laws, rules, and procedures governing its activities under this Act, including procedures for hiring experts and consultants. Such by-laws, rules, and procedures shall be public documents, and shall be submitted by the Authority upon adoption to the Mayor, the Council, the President, and Congress.
(2) Certain activities requiring approval of majority of members. -- Under the by-laws adopted pursuant to paragraph (1) of this subsection, the Authority may conduct its operations under such procedures as it considers appropriate, except that an affirmative vote of a majority of the members of the Authority shall be required in order for the Authority to:
(A) Approve or disapprove a financial plan and budget under part B of this subchapter;
(B) Implement recommendations on financial stability and management responsibility under § 47-392.07;
(C) Give consent to the appointment of the Chief Financial Officer of the District of Columbia under part Bi of subchapter IV of Chapter 2 of Title 1; and
(D) Give consent to the appointment of the Inspector General of the District of Columbia under § 2-302.08(a).
(3) Adoption of rules and regulations of District of Columbia. -- The Authority may incorporate in its by-laws, rules, and procedures under this subsection such rules and regulations of the District government as it considers appropriate to enable it to carry out its activities under this Act with the greatest degree of independence practicable.
(Apr. 17, 1995, 109 Stat. 100, Pub. L. 104-8, § 101; enacted, Apr. 9, 1997, D.C. Law 11-254, § 2, 44 DCR 1575; Oct. 21, 1998, 112 Stat. 2681-149, Pub. L. 105-277, § 164.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 47-391.1.
References in Text
"This Act," referred to in subsections (a), (b)(1), (e)(1) and (e)(3) is the District of Columbia Financial Responsibility and Management Assistance Act of 1995, approved April 17, 1995, 109 Stat. 97, Pub. L. 104-8.
Miscellaneous Notes
Management reform: Section 161 of Pub. L. 105-277 provided that notwithstanding any other provisions of law, funds allocated to management reform by the District of Columbia Financial Responsibility and Management Assistance Authority under Pub. L. 105-200 (111 Stat. 2159), as contained in the Authority's notification of June 24, 1998, shall remain available for management reform until September 30, 1999, provided that said funds shall not exceed $3,200,000.
(a) Executive Director. -- The Authority shall have an Executive Director who shall be appointed by the Chair with the consent of the Authority. The Executive Director shall be paid at a rate determined by the Authority, except that such rate may not exceed the rate of basic pay payable for level IV of the Executive Schedule.
(b) Staff. -- With the approval of the Chair, the Executive Director may appoint and fix the pay of additional personnel as the Executive Director considers appropriate, except that no individual appointed by the Executive Director may be paid at a rate greater than the rate of pay for the Executive Director.
(c) Inapplicability of certain employment and procurement laws. --
(1) Civil service laws. -- The Executive Director and staff of the Authority may be appointed without regard to the provisions of Title 5, United States Code, governing appointments in the competitive service, and paid without regard to the provisions of Chapter 51 and subchapter III of Chapter 53 of that title relating to classification and General Schedule pay rates.
(2) District employment and procurement laws. -- The Executive Director and staff of the Authority may be appointed and paid without regard to the provisions of the District of Columbia Official Code governing appointments and salaries. The provisions of the District of Columbia Official Code governing procurement shall not apply to the Authority.
(d) Staff of Federal agencies. -- Upon request of the Chair, the head of any Federal department or agency may detail, on a reimbursable or nonreimbursable basis, any of the personnel of that department or agency to the Authority to assist it in carrying out its duties under this Act.
(e) Preservation of retirement and certain other rights of federal employees who become employed by the Authority. --
(1) In general. -- Any federal employee who becomes employed by the Authority:
(A) May elect, for purposes set forth in paragraph (2)(A) of this subsection, to be treated, for so long as that individual remains continuously employed by the Authority, as if such individual had not separated from service with the federal government, subject to paragraph (3) of this subsection; and
(B) Shall, if such employee subsequently becomes reemployed by the federal government, be entitled to have such individual's service with the Authority treated, for purposes of determining the appropriate leave accrual rate, as if it had been service with the federal government.
(2) Effect of an election. -- An election made by an individual under the provisions of paragraph (1)(A) of this subsection:
(A) Shall qualify such individual for the treatment described in such provisions for purposes of:
(i) Chapter 83 or 84 of Title 5, United States Code, as appropriate (relating to retirement), including the Thrift Savings Plan;
(ii) Chapter 87 of such title (relating to life insurance); and
(iii) Chapter 89 of such title (relating to health insurance); and
(B) Shall disqualify such individual, while such election remains in effect, from participating in the programs offered by the government of the District of Columbia (if any) corresponding to the respective programs referred to in subparagraph (A) of this paragraph.
(3) Conditions for an election to be effective. -- An election made by an individual under paragraph (1)(A) of this subsection shall be ineffective unless:
(A) It is made before such individual separates from service with the federal government; and
(B) Such individual's service with the Authority commences within 3 days after so separating (not counting any holiday observed by the government of the District of Columbia).
(4) Contributions. -- If any individual makes an election under paragraph (1)(A) of this subsection, the Authority shall, in accordance with applicable provisions of law referred to in paragraph (2)(A) of this subsection, be responsible for making the same deductions from pay and the same agency contributions as would be required if it were a federal agency.
(5) Regulations. -- Any regulations necessary to carry out this subsection shall be prescribed in consultation with the Authority by:
(A) The Office of Personnel Management, to the extent that any program administered by the office is involved;
(B) The appropriate office or agency of the government of the District of Columbia, to the extent that any program administered by such office or agency is involved; and
(C) The Executive Director referred to in § 8474 of Title 5, United States Code, to the extent that the Thrift Savings Plan is involved.
(f) Federal benefits for others. --
(1) In general. -- The Office of Personnel Management, in conjunction with each corresponding office or agency of the government of the District of Columbia and in consultation with the Authority, shall prescribe regulations under which any individual who becomes employed by the Authority (under circumstances other than as described in subsection (e)) may elect either:
(A) To be deemed a Federal employee for purposes of the programs referred to in subsection (e)(2)(A)(i) through (iii) of this section; or
(B) To participate in 1 or more of the corresponding programs offered by the government of the District of Columbia.
(2) Effect of an election. -- An individual who elects the option under paragraph (1)(A) and (B) of this subsection shall be disqualified, while such election remains in effect, from participating in any of the programs referred to in the other such subparagraph.
(3) Definition of corresponding office or agency. -- For purposes of paragraph (1), the term "corresponding office or agency of the government of the District of Columbia" means, with respect to any program administered by the Office of Personnel Management, the office or agency responsible for administering the corresponding program (if any) offered by the government of the District of Columbia.
(4) Thrift Savings Plan. -- To the extent that the Thrift Savings Plan is involved, the preceding provisions of this subsection shall be applied by substituting "the Executive Director referred to in section 8474 of Title 5, United States Code" for "the Office of Personnel Management".
(g)(1) Additional election for former federal employees serving on date of enactment; election for employees appointed during interim period. --
(A) In general. -- Any former federal employee employed by the Authority on the effective date of the regulations referred to in subsection (h)(1)(A) of this section may, within such period as may be provided for under those regulations, make an election similar, to the maximum extent practicable, to the election provided for under subsection (e) of this section. Such regulations shall be prescribed jointly by the Office of Personnel Management and each corresponding office or agency of the government of the District of Columbia in the same manner as provided for in subsection (f) of this section.
(B) Exception. -- An election under this paragraph may not be made by any individual who:
(i) Is not then participating in a retirement system for federal employees (disregarding Social Security); or
(ii) Is then participating in any program of the government of the District of Columbia referred to in subsection (e)(2)(B) of this section.
(2) Election for employees appointed during interim period. --
(A) From the federal government. -- Subsection (e) of this section (as last in effect before April 24, 1996) shall be deemed to have remained in effect for purposes of any federal employee who becomes employed by the District of Columbia Financial Responsibility and Management Assistance Authority during the period beginning on such date of enactment and ending on the day before the effective date of the regulations prescribed to carry out paragraph (1) of this subsection.
(B) Other individuals. -- The regulations prescribed to carry out subsection (f) of this section shall include provisions under which an election under subsection (f) of this section shall be available to any individual who:
(i) Becomes employed by the District of Columbia Financial Responsibility and Management Assistance Authority during the period beginning on April 24, 1996, and ending on the day before the effective date of such regulations;
(ii) Would have been eligible to make an election under such regulations had those regulations been in effect when such individual became so employed; and
(iii) Is not then participating in any program of the government of the District of Columbia referred to in subsection (f)(1)(B) of this section.
(h) Effective date. -- Not later than 6 months after April 24, 1996, there shall be prescribed in consultation with the Authority (and take effect):
(1) Regulations to carry out subsections (e), (f), and (g) of this section; and
(2) Any other regulations necessary to carry out subsections (e), (f), and (g) of this section.
(Apr. 17, 1995, 109 Stat. 101, Pub. L. 104-8, § 102; Apr. 26, 1996, 110 Stat. 1321 [221], Pub. L. 104-134, §§ 153(b)(1)-(3); enacted, Apr. 9, 1997, D.C. Law 11-254, § 2, 44 DCR 1575.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 47-391.2.
References in Text
"This Act," referred to in subsection (d), is the District of Columbia Financial Responsibility and Management Assistance Act of 1995, approved April 17, 1995, 109 Stat. 97, Pub. L. 104-8.
(a) Hearings and sessions. -- The Authority may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Authority considers appropriate. The Authority may administer oaths or affirmations to witnesses appearing before it.
(b) Powers of members and agents. -- Any member or agent of the Authority may, if authorized by the Authority, take any action which the Authority is authorized to take by this section.
(c) Obtaining official data. --
(1) From Federal government. -- Notwithstanding sections 552 (commonly known as the Freedom of Information Act), 552a (the Privacy Act of 1974), and 552b (the Government in the Sunshine Act) of Title 5, United States Code, the Authority may secure directly from any department or agency of the United States information necessary to enable it to carry out this Act, with the approval of the head of that department or agency.
(2) From District government. -- Notwithstanding any other provision of law, the Authority shall have the right to secure copies of such records, documents, information, or data from any entity of the District government necessary to enable the Authority to carry out its responsibilities under this Act. At the request of the Authority, the Authority shall be granted direct access to such information systems, records, documents or information or data as will enable the Authority to carry out its responsibilities under this Act. The head of the entity of the District government responsible shall provide the Authority with such information and assistance (including granting the Authority direct access to automated or other information systems) as the Authority requires under this paragraph.
(d) Gifts, bequests, and devises. -- The Authority may accept, use, and dispose of gifts, bequests, or devises of services or property, both real and personal, for the purpose of aiding or facilitating the work of the Authority. Gifts, bequests, or devises of money and proceeds from sales of other property received as gifts, bequests, or devises shall be deposited in such account as the Authority may establish and shall be available for disbursement upon order of the Chair.
(e) Subpoena power. --
(1) In general. -- The Authority may issue subpoenas requiring the attendance and testimony of witnesses and the production of any evidence relating to any matter under investigation by the Authority. The attendance of witnesses and the production of evidence may be required from any place within the United States at any designated place of hearing within the United States.
(2) Failure to obey a subpoena. -- If a person refuses to obey a subpoena issued under paragraph (1) of this subsection, the Authority may apply to a United States district court for an order requiring that person to appear before the Authority to give testimony, produce evidence, or both, relating to the matter under investigation. The application may be made within the judicial district where the hearing is conducted or where that person is found, resides, or transacts business. Any failure to obey the order of the court may be punished by the court as civil contempt.
(3) Service of subpoenas. -- The subpoenas of the Authority shall be served in the manner provided for subpoenas issued by United States district court under the Federal Rules of Civil Procedure for the United States district courts.
(4) Service of process. -- All process of any court to which application is made under paragraph (2) of this subsection may be served in the judicial district in which the person required to be served resides or may be found.
(f) Administrative support services. -- Upon the request of the Authority, the Administrator of General Services shall promptly provide to the Authority, on a reimbursable basis, the administrative support services necessary for the Authority to carry out its responsibilities under this Act.
(g) Authority to enter into contracts. -- The Executive Director may enter into such contracts as the Executive Director considers appropriate (subject to the approval of the Chair) to carry out the Authority's responsibilities under this Act.
(h) Civil actions to enforce powers. -- The Authority may seek judicial enforcement of its authority to carry out its responsibilities under this Act.
(i) Penalties. --
(1) Acts prohibited. -- Any officer or employee of the District government who:
(A) Takes any action in violation of any valid order of the Authority or fails or refuses to take any action required by any such order; or
(B) Prepares, presents, or certifies any information (including any projections or estimates) or report for the Board or any of its agents that is false or misleading, or, upon learning that any such information is false or misleading, fails to immediately advise the Board or its agents thereof in writing, shall be guilty of a misdemeanor, and shall be fined not more than $1,000, imprisoned for not more than 1 year, or both.
(2) Administrative discipline. -- In addition to any other applicable penalty, any officer or employee of the District government who knowingly and willfully violates paragraph (1) of this subsection shall be subject to appropriate administrative discipline, including (when appropriate) suspension from duty without pay or removal from office by order of either the Mayor or Authority.
(3) Report by Mayor on disciplinary actions taken. -- In the case of a violation of paragraph (1) of this subsection by an officer or employee of the District government, the Mayor shall immediately report to the Board all pertinent facts together with a statement of the action taken thereon.
(Apr. 17, 1995, 109 Stat. 103, Pub. L. 104-8, § 103; Apr. 26, 1996, 110 Stat. 1321 [221], Pub. L. 104-134, § 153(a); Sept. 30, 1996, 110 Stat. 3009 [1455, 1456], Pub. L. 104-208, §§ 5203(b), (c); enacted, Apr. 9, 1997, D.C. Law 11-254, § 2, 44 DCR 1575.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 47-391.3.
References in Text
"This Act," referred to in subsections (a), (c)(1), (c)(2), (f), (g), and (h), is the District of Columbia Financial Responsibility and Management Assistance Act of 1995, approved April 17, 1995, 109 Stat. 97, Pub. L. 104.8.
The Authority, its members, and its employees may not be liable for any obligation of or claim against the Authority or its members or employees or the District of Columbia resulting from actions taken to carry out this Act.
(Apr. 17, 1995, 109 Stat. 105, Pub. L. 104-8, § 104; Apr. 26, 1996, 110 Stat. 1321 [224], Pub. L. 104-134, § 153(c); enacted, Apr. 9, 1997, D.C. Law 11-254, § 2, 44 DCR 1575.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 47-391.4.
References in Text
"This Act," referred to in this section, is the District of Columbia Financial Responsibility and Management Assistance Act of 1995, approved April 17, 1995, 109 Stat. 97, Pub. L. 104-8.
(a) Jurisdiction established in District Court for District of Columbia. -- Except as provided in § 47-391.03(e)(2) (relating to the issuance of an order enforcing a subpoena), any action against the Authority or any action otherwise arising out of this Act, in whole or in part, shall be brought in the United States District Court for the District of Columbia.
(b) Prompt appeal. --
(1) Court of Appeals. -- Notwithstanding any other provision of law, any order of the United States District Court for the District of Columbia which is issued pursuant to an action brought under subsection (a) of this section shall be reviewable only pursuant to a notice of appeal to the United States Court of Appeals for the District of Columbia Circuit.
(2) Supreme Court. -- Notwithstanding any other provision of law, review by the Supreme Court of the United States of a decision of the Court of Appeals which is issued pursuant to paragraph (1) of this subsection may be had only if the petition for such review is filed within 10 days after the entry of such decision.
(c) Timing of relief. -- No order of any court granting declaratory or injunctive relief against the Authority, including relief permitting or requiring the obligation, borrowing, or expenditure of funds, shall take effect during the pendency of the action before such court, during the time appeal may be taken, or (if appeal is taken) during the period before the court has entered its final order disposing of such action.
(d) Expedited consideration. -- It shall be the duty of the United States District Court for the District of Columbia, the United States Court of Appeals for the District of Columbia Circuit, and the Supreme Court of the United States to advance on the docket and to expedite to the greatest possible extent the disposition of any matter brought under subsection (a) of this section.
(Apr. 17, 1995, 109 Stat. 105, Pub. L. 104-8, § 105; enacted, Apr. 9, 1997, D.C. Law 11-254, § 2, 44 DCR 1575.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 47-391.5.
References in Text
"This Act," referred to in subsection (a), is the District of Columbia Financial Responsibility and Management Assistance Act of 1995, approved April 17, 1995, 109 Stat. 97, Pub. L. 104-8.
(a) Annual budgeting process. --
(1) Submission of budget. -- The Authority shall submit a proposed budget for each fiscal year to the President for inclusion in the annual budget for the District of Columbia under part D of title IV of the District of Columbia Home Rule Act not later than the May 1 prior to the first day of the fiscal year. In the case of the budget for fiscal year 1996, the Authority shall submit its proposed budget not later than July 15, 1995.
(2) Contents of budget. -- The budget shall describe:
(A) Expenditures of the Authority by each object class, including expenditures for staff of the Authority;
(B) Services of personnel and other services provided by or on behalf of the Authority for which the Authority made no reimbursement; and
(C) Any gifts or bequests made to the Authority during the previous fiscal year.
(3) Appropriations required. -- No amount may be obligated or expended by the Authority for a fiscal year (beginning with fiscal year 1996) unless such amount has been approved by Act of Congress, and then only according to such Act.
(b) Special rule for funding of operations during fiscal year 1995. -- As soon as practicable after the appointment of its members, the Authority shall submit to the Mayor and the President:
(1) A request for reprogramming of funds under subsection (c)(1) of this section; and
(2) A description of anticipated expenditures of the Authority for fiscal year 1995 (which shall be transmitted to Congress).
(c) Sources of funds. --
(1) Use of previously appropriated funds in District budget. -- The Mayor shall transfer funds previously appropriated to the District government for a fiscal year for auditing and consulting services to the Authority (in such amounts as are provided in the budget request of the Authority under subsection (a) of this section or, with respect to fiscal year 1995, the request submitted under subsection (b)(1) of this section) for the purpose of carrying out the Authority's activities during the fiscal year.
(2) Other sources of funds. -- For provisions describing the sources of funds available for the operations of the Authority during a fiscal year (in addition to any interest earned on accounts of the Authority during the year), see § 47-392.04(b)(1)(A) (relating to the set-aside of amounts requisitioned from the Treasury by the Mayor) and § 47-392.13(b)(3) (relating to the use of interest accrued from amounts in a debt service reserve fund of the Authority).
(d) Use of interest on accounts for the District. --
(1) In general. -- Notwithstanding any other provision of this act, the Authority may transfer or otherwise expend any amounts derived from interest earned on accounts held by the Authority on behalf of the District of Columbia for such purposes as it considers appropriate to promote the economic stability and management efficiency of the District government.
(2) Spending not subject to appropriation by Congress. -- Notwithstanding subsection (a)(3) of this section, any amounts transferred or otherwise expended pursuant to paragraph (1) of this subsection may be obligated or expended without approval by Act of Congress.
(Apr. 17, 1995, 109 Stat. 105, Pub. L. 104-8, § 106; enacted, Apr. 9, 1997, D.C. Law 11-254, § 2, 44 DCR 1575; Aug. 5, 1997, 111 Stat. 782, Pub. L. 105-33, § 11711(a); Apr. 20, 1999, D.C. Law 12-264, § 52(f), 46 DCR 2118.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 47-391.6.
Legislative History of Laws
Law 12-264, the "Technical Amendments Act of 1998," was introduced in Council and assigned Bill No. 12-804, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on November 10, 1998, and December 1, 1998, respectively. Signed by the Mayor on January 7, 1999, it was assigned Act No. 12-626 and transmitted to both Houses of Congress for its review. D.C. Law 12-264 became effective on April 20, 1999.
References in Text
"Part D of title IV of the District of Columbia Home Rule Act," referred to in (a)(1), is part D, §§ 441 to 456, of Title IV of Pub. L. 93-198, 87 Stat. 774, approved December 24, 1973, which are codified as §§ 1-204.51, 1-204.52, 1- 204.41, 1-204.55, 1-204.50, 1-204.56a to 1-204.56e, 1-204.42 to 1-204.47, 1- 204.48 and 1-204.49.
"This act," referred to in (d)(1), is title XI of Pub. L. 105-33, 111 Stat. 712, the National Capital Revitalization and Self-Government Improvement Act of 1997.
(a) Suspension upon payment of Authority obligations. --
(1) In general. -- Upon the expiration of the 12-month period which begins on the date that the Authority certifies that all obligations arising from the issuance by the Authority of bonds, notes, or other obligations pursuant to part C of this subchapter have been discharged, and that all borrowings by or on behalf of the District of Columbia pursuant to §§ 47-3401 through 47- 3401.04, have been repaid, the Authority shall suspend any activities carried out under this Act and the terms of the members of the Authority shall expire.
(2) No suspension during control year. -- The Authority may not suspend its activities pursuant to paragraph (1) of this subsection at any time during a control year.
(b) Reactivation upon initiation of control period. -- Upon receiving notice from the Chairs of the Appropriations Committees of the House of Representatives and the Senate that a control period has been initiated (as described in § 47-392.09) at any time after the Authority suspends its activities under subsection (a) of this section, the President shall appoint members of the Authority, and the Authority shall carry out activities under this Act, in the same manner as the President appointed members and the Authority carried out activities prior to such suspension.
(Apr. 17, 1995, 109 Stat. 106, Pub. L. 104-8, § 107; enacted, Apr. 9, 1997, D.C. Law 11-254, § 2, 44 DCR 1575.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 47-391.7.
References in Text
"This Act," referred to in subsections (a) and (b), is the District of Columbia Financial Responsibility and Management Assistance Act of 1995, approved April 17, 1995, 109 Stat. 97, Pub. L. 104-8.
(a) In general. -- The following laws of the District of Columbia (as in effect on April 17, 1995) shall apply to the members and activities of the Authority:
(1) § 1-207.42;
(3) [§ 1-1162.23].
(b) No control, supervision, oversight, or review by Mayor or Council. -- Neither the Mayor nor the Council may exercise any control, supervision, oversight, or review over the Authority or its activities.
(c) Authority not subject to representation by Attorney General for the District of Columbia. -- In any action brought by or on behalf of the Authority, and in any action brought against the Authority, the Authority shall be represented by such counsel as it may select, but in no instance may the Authority be represented by the Attorney General for the District of Columbia.
(Apr. 17, 1995, 109 Stat. 107, Pub. L. 104-8, § 108; enacted, Apr. 9, 1997, D.C. Law 11-254, § 2, 44 DCR 1575; Apr. 13, 2005, D.C. Law 15-354, § 73(a)(3), 52 DCR 2638; Mar. 2, 2007, D.C. Law 16-191, § 48(h)(1), 53 DCR 6794; Apr. 27, 2012, D.C. Law 19-124, § 501(n)(1), 59 DCR 1862.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 47-391.8.
Effect of Amendments
D.C. Law 15-354 substituted "Attorney General for the District of Columbia" for "Corporation Counsel".
D.C. Law 16-191, in subsec. (c), validated a previously made technical correction.
D.C. Law 19-124, in subsec. (a)(3), substituted "[§ 1-1162.23]" for "§ 1- 1106.01".
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 401(n)(1) of Board of Ethics and Government Accountability Establishment and Comprehensive Ethics Reform Emergency Amendment Act of 2012 (D.C. Act 19-298, January 29, 2012, 59 DCR 683).
Legislative History of Laws
For Law 15-354, see notes following § 47-340.03.
For Law 16-191, see notes following § 47-138.01a.
Law 19-124, the "Board of Ethics and Government Accountability Establishment and Comprehensive Ethics Reform Amendment Act of 2011", was introduced in Council and assigned Bill No. 19-511, which was referred to the Committee on Government Operations. The Bill was adopted on first and second readings on December 6, 2011, and December 20, 2011, respectively. Signed by the Mayor on February 27, 2012, it was assigned Act No. 19-318 and transmitted to both Houses of Congress for its review. D.C. Law 19-124 became effective on April 27, 2012.
(a) The Authority may employ a Chief Management Officer of the District of Columbia, who shall be appointed by the Chair with the consent of the Authority. The Chief Management Officer shall assist the Authority in the fulfillment of its responsibilities under the District of Columbia Management Reform Act of 1997, subtitle B of the National Capital Revitalization and Self-Government Improvement Act of 1997, title XI of Public Law 105-33, to improve the effectiveness and efficiency of the District of Columbia Government. The Authority may delegate to the Chief Management Officer responsibility for oversight and supervision of departments and functions of the District of Columbia Government, or successor departments and functions, consistent with the District of Columbia Management Reform Act of 1997, subtitle B of the National Capital Revitalization and Self-Government Improvement Act of 1997, title XI of Public Law 105-33. The Chief Management Officer shall report directly to the Authority, through the Chair of the Authority, and shall be directed in his or her performance by a majority of the Authority. The Chief Management Officer shall be paid at an annual rate determined by the Authority sufficient in the judgment of the Authority to obtain the services of an individual with the skills and experience required to discharge the duties of the office.
(b) Employment contract. -- Notwithstanding any other provision of law, the employment agreement entered into as of January 15, 1998, between the Chief Management Officer and the District of Columbia Financial Responsibility and Management Assistance Authority shall be valid in all respects.
(Apr. 17, 1995, 109 Stat. 141, Pub. L. 104-8, § 109, as added Oct. 21, 1998, 112 Stat. 2681-148, Pub. L. 105-277, § 159.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 47-391.9.
