Sense of the Council Regarding the Establishment of an Office of the Attorney General for the District of Columbia Resolution of 2001
Bill 14-34

A PROPOSED RESOLUTION IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

Councilmember David Catania, Chairman Linda Cropp and Councilmembers Sandra Allen, Sharon Ambrose, Harold Brazil, Kevin Chavous, Jack Evans, Adrian Fenty, Jim Graham, Phil Mendelson, Vincent Orange, Kathy Patterson and Carol Schwartz introduced the following resolution, which was referred to the Committee on

To declare the sense of the Council with respect to the need to amend the District of Columbia Home Rule Act to establish an Office of the Attorney General of the District of Columbia and to transfer prosecutorial authority for local offenses to the District of Columbia government

RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this resolution may be cited as the "Sense of the Council Regarding the Establishment of an Office of the Attorney General for the District of Columbia Resolution of 2001".

Sec. 2. The Council finds that:

(1) Sections 431 through 434 of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat 792; D. C. Code, Title II, Appendix C, __ 431-434) established the Judicial Powers of the District, which are collectively described as Part C under Title IV.

(2) As enacted, the Home Rule Act did not establish a separate and independently elected prosecutorial entity as part of the governmental structure of the District of Columbia.

(3) At present, the District's prosecutorial authority rests with the United States Attorney for the District of Columbia, which is headed by a Presidential appointee, and the Office of the Corporation Counsel, which is under the authority of a Mayoral appointee.

(4) The Office of the Corporation Counsel is responsible for prosecuting the District's minor misdemeanor and juvenile cases, as well as the representation of the District government. Alternatively, the United States Attorney for the District of Columbia enforces federal law as well as District law regarding felonies and serious misdemeanors. As such, the United States Attorney for the District of Columbia is the only United States Attorney's Office, other than the United States Attorney for the Virgin Islands, which is responsible for prosecuting both federal and local laws.

Sec. 3. It is the sense of the Council that amending the Home Rule Act to create an Office of the Attorney General for the District of Columbia, which will be empowered to enforce all District law, will enhance the balance of power between the branches of local government and result in a more responsive and accountable local prosecutorial authority.

Sec. 4. The Council requests that the United States Congress enact the following legislation:

"A BILL

"To amend the District of Columbia Home Rule Act to establish the Office of the Attorney General for the District of Columbia, to transfer prosecutorial authority for local offenses to the District of Columbia government, and for other purposes.

TABLE OF CONTENTS

TITLE I. SHORT TITLE, PURPOSE, AND DEFINITIONS.
Sec. 101. Short title.
Sec. 102. Statement of purpose.
Sec. 103. Definitions.

TITLE II. OFFICE OF THE ATTORNEY GENERAL OF THE DISTRICT OF COLUMBIA.
Sec. 201. Amendment to the Home Rule Act.
Sec. 436. Establishment of the Office of the Attorney General.
Sec. 436A. Annual Report.
Sec. 436B. Budget.
Sec. 436C. Deputy Attorney General.
Sec. 436D. Solicitor General.
Sec. 436E. District Attorney for Criminal Prosecutions.
Sec. 436F. District Attorney for Civil Proceedings.
Sec. 436G. Assistant District Attorneys.
Sec. 436H. Federal prosecution of local cases.
Sec. 436I. Cooperation between District and Federal agencies.

TITLE III. TRANSITION PROVISIONS.
Sec. 301. Abolishment of the Office of the Corporation Counsel.
Sec. 302. Transfer of personnel.
Sec. 303. Transfer of positions, property and funds.
Sec. 304. Pending actions and proceedings.

"Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled.

"TITLE I--SHORT TITLE, PURPOSE, AND DEFINITIONS

"SEC. 101. SHORT TITLE.

"This Act may be cited as the "Office of the Attorney General for the District of Columbia Establishment Amendment Act of 2001".

"SEC. 102. STATEMENT OF PURPOSE.

"Subject to the retention by Congress of the ultimate legislative authority over the District of Columbia vested by article I, section 8, clause 17, of the Constitution, it is the intent of Congress to establish an independent Office of the Attorney General in the government of the District of Columbia by granting such government full authority over the prosecution of violations of the laws of the District of Columbia, analogous to the authority vested in a State, and thereby to relieve the federal government of the burden of such essentially local District responsibilities.

"SEC. 103. DEFINITIONS.

"As used in this Act, unless otherwise provided or indicated by the context:

"(1) The term "Attorney General" means the Attorney General for the District of Columbia established pursuant to this Act.

"(2) The term "Council" means the Council of the District of Columbia established pursuant to section 401 of the District of Columbia Self-Government and Governmental Reorganization Act.

"(3) The term "Deputy Attorney General" means the Deputy Attorney General for the District of Columbia established pursuant to this Act.

"(4) The term "District" means the District of Columbia.

"(5) The term "law of the District of Columbia" means any law applicable exclusively to the District of Columbia enacted by Congress, any act of the Council, or any rule or regulation promulgated by the Mayor, the Council, or any other agency or entity of the District of Columbia.

"(6) The term "Mayor" means the Mayor of the District of Columbia established pursuant to section 421 of the District of Columbia Self-Government and Governmental Reorganization Act.

"TITLE II--OFFICE OF THE ATTORNEY GENERAL for THE DISTRICT OF COLUMBIA

"SEC. 201. AMENDMENT TO THE HOME RULE ACT TO ESTABLISH THE OFFICE OF THE ATTORNEY GENERAL.

"Title IV of the Home Rule Act is amended by adding a Part C1 and new sections 436 through 436I thereto as follows:

"PART C1. THE OFFICE OF THE ATTORNEY GENERAL FOR THE DISTRICT OF COLUMBIA.

"SEC. 436. ESTABLISHMENT OF THE OFFICE OF THE ATTORNEY GENERAL.

" (a) CREATION--There is established an Office of the Attorney General for the District of Columbia, and the Attorney General for the District of Columbia shall be the head of the office.

"(b) GENERAL POWERS AND DUTIES--The Attorney General for the District of Columbia shall be the chief legal officer for the District of Columbia and have charge of all law business of the District of Columbia. In the performance of such duties he or she shall

"(1) have charge of the prosecution of all violations of the laws of the District of Columbia except those violations brought in the name of the United States pursuant to section 436H of this Act;

"(2) have charge and conduct of all civil actions, suits or proceedings instituted by and against the District of Columbia or the agencies or entities thereof (including the independent agencies thereof), or in which the District of Columbia is concerned, including all actions in which the constitutionality or validity of the laws of the District of Columbia are challenged;

"(3) render written legal opinions and advice to the Mayor, the Council, and the heads of agencies and entities of the District of Columbia government (including the independent agencies thereof), which opinions, in the absence of specific action by the Mayor or act of the Council to the contrary, or until overruled by controlling court decision, shall be the guiding statement of law, to be followed by all District officers and employees in the performance of their official duties;

"(5) make recommendations to the Mayor with respect to the pardon or the commutation of the sentences of persons convicted of crimes against the District of Columbia;

"(6) serve as the chief representative of the District of Columbia government in matters of criminal justice policy, in the carrying out of which responsibility he or she shall have the advice and assistance of such other agencies or entities of the District of Columbia government as he or she shall deem necessary and appropriate;

"(7) develop and direct criminal justice and law enforcement policies and coordinate the implementation of such policies by the law enforcement agencies within the District government;

"(8) perform all functions granted to or vested in the Corporation Counsel for the District of Columbia by law prior to the effective date of this Act;

"(9) develop regulations pursuant to which he or she shall be authorized to take all personnel actions necessary to administer the Office of the Attorney General, including the authority to appoint, promote, transfer, discipline, suspend and terminate Assistant District Attorneys and other officers and employees;

"(10) supervise the administration of the Office of the Attorney General;

"(11) have the authority to appoint special counsel for a particular purpose or designated proceeding and to determine the compensation, powers, duties, and the length and manner of service of such special counsel;

"(12) issue rules and regulations necessary to carry out the purposes of this Act;

"(13) defend all actions and proceedings against any District officer or employee acting in his or her capacity, in any of the courts of the District or the United States;

"(14) enforce the proper application of money appropriated by the Council to the various funds of the District and prosecute breaches of trust in the administration of such funds;

"(15) institute the necessary actions to recover any fraudulent, erroneous or illegal fee, bill, account, credit, charge, or claim that the Attorney General believes has been erroneously or improperly approved, allowed, or paid out of the District treasury;

"(16) institute the necessary actions to collect and cause the payment into the District treasury of all unsatisfied claims, demands, accounts, and judgments in favor of the District;

"(17) keep in proper books a record of all cases prosecuted or defended by the Attorney General, on behalf of the District or its officers, and of all proceedings had in relation thereto, and deliver the same to his or her successor in office;

"(18) keep books in which he or she shall record all the official opinions given by him or her during his or her term in office, and deliver the same to his or her successor in office; and

"(19) have the power, and it shall be his or her duty, to perform any other duties that are required of the Attorney General by law.

"(c) APPOINTMENTS AND DELEGATION OF AUTHORITY--

"(1) The Attorney General shall appoint a Deputy Attorney General, a Solicitor General, a District Attorney for Criminal Prosecutions, a District Attorney for Civil Proceedings, one or more Assistant Attorneys General, and staff attorneys who shall serve at the pleasure of the Attorney General or until their successors are duly appointed and qualified. They may perform all the duties required of the Attorney General and such other duties as the Attorney General may delegate to them.

"(2) The Attorney General may delegate any of his or her functions to any other officer, employee, or entity of the Office of the Attorney General and may authorize the successive redelegations of such functions within the Office as may be necessary or appropriate. In addition, the Attorney General may allocate or reallocate his or her functions among the officers, employees, or agencies of his or her office and establish, consolidate, alter or discontinue such organizational entities within such office as may be necessary or appropriate, except that the Attorney General may not abolish the positions established in this title.

"(3) The Attorney General shall have the power to employ such assistance, whether lay, legal, or expert, as the Attorney General deems necessary for the protection of the interests of the District through the proper conduct of its legal business.

"(d) GENERAL QUALIFICATIONS--No person shall hold the Office of the Attorney General unless he or she

"(1) is a qualified elector;

"(2) is domiciled in the District;

"(3) has resided and been domiciled in the District for at least one year immediately preceding the day on which the general or special election for such office is to be held;

"(4) holds no other public office for which he or she is compensated in an amount in excess of his or her actual expenses in connection therewith, except that nothing in this clause shall prohibit any such person, while Attorney General, from serving as a delegate or alternate delegate to a convention of a political party nominating candidates for President and Vice President of the United States, or from holding an appointment in a Reserve component of an armed force of the United States other than a member serving on active duty under a call for more than thirty days; and

"(5) is a member in good standing with the District of Columbia Bar. For purposes of this subsection, a person is a "member in good standing with the District of Columbia Bar" if that person is admitted to the practice of law in the District, is registered with the District of Columbia Bar as an active practitioner and has not been and is currently not disbarred or suspended from practice. The Attorney General shall forfeit his or her office upon failure to maintain the qualifications required by this subsection.

"(e) RESTRICTIONS ON PRIVATE PRACTICE--The Attorney General shall devote full time to the duties of the office and shall not directly or indirectly engage in the private practice of law or lobbying for compensation.

"(f) ELECTIONS; DISABILITY; FILLING VACANCIES--

"(1) The Attorney General shall be elected on a partisan basis by the registered qualified electors of the District. The term of Office of the Attorney General shall be four years, except as provided in paragraph (4), and shall begin at noon on January 2 of the year following his or her election. The Attorney General's term of office shall coincide with the term of the Mayor.

"(2) If the Attorney General is disabled from performing his or her official duties, the Deputy Attorney General shall perform the duties of the Attorney General during such disability.

"(3) In the event of a vacancy in the Office of the Attorney General, the Deputy Attorney General shall be continued in this office and shall perform all statutory duties of the Attorney General until an Attorney General is duly qualified. The Attorney General shall designate the order in which other officers or employees of the Office of the Attorney General shall act for and perform the functions of the Attorney General during the absence, disability, or vacancy in the office, of both the Attorney General and the Deputy Attorney General.

"(4) To fill a vacancy in the Office of the Attorney General, the Board of Elections and Ethics shall hold a special election in the District on the first Tuesday occurring more than one hundred and fourteen days after the date on which such vacancy occurs, unless the Board of Elections and Ethics determines that such vacancy could be more practically filled in a special election held on the same day as the next general election to be held in the District occurring within sixty days of the date on which a special election would otherwise have been held under the provisions of this subsection. The person elected Attorney General to fill a vacancy in the Office of the Attorney General shall take office on the day in which the Board of Elections and Ethics certifies his or her election, and shall serve as Attorney General only for the remainder of the term during which such vacancy occurred.

"(5) Within 60 days of the effective date of this Act, the Mayor, with the approval of the Council, by resolution shall appoint an Attorney General who shall serve until succeeded by an elected Attorney General. If the Council does not approve or disapprove the Mayor's nominee within the 60 days, the Mayor's resolution shall be deemed approved. The first election for the Attorney General shall take place in 2002.

"SEC. 436A . ANNUAL REPORT. On or before October 31, the Attorney General shall annually prepare and report to the Mayor and the Council a concise statement of all matters pertaining to his or her official duties, making such suggestions and recommendations as to the proper and economical administration of the laws.

"SEC. 436B. BUDGET. The Attorney General shall prepare and submit to the Mayor, for inclusion in the annual budget, annual estimates of the expenditures and appropriations necessary for the operation of the Office of the Attorney General. All such estimates shall be forwarded by the Mayor to the Council for its action pursuant to Sections 446 and 603(c). The Mayor and the Council are empowered to review and amend, as is deemed appropriate, the Attorney General's budget proposal."

"SEC. 436C. DEPUTY ATTORNEY GENERAL.

"(a) The Attorney General shall appoint a Deputy Attorney General for the District of Columbia, who shall generally assist the Attorney General in the performance of his or her duties.

"(b) The Deputy Attorney General shall exercise the powers and duties of the Attorney General during his or her absence or disability or in the event of a vacancy in the office of the Attorney General, pursuant to section 436(f) of this Act.

"(c) Notwithstanding any other provision of law, whenever the written approval of the Attorney General is required by statute or court rule and the Attorney General either is unavailable to act upon the matter or has determined that it would be legally or ethically improper for him or her to do so, the required approval may be given by the Deputy Attorney General.

"(d) The Deputy Attorney General shall serve at the pleasure of the Attorney General.

"(e) The Deputy Attorney General shall meet the qualifications for holding office required of the Attorney General under section 436(d) of this Act and shall serve a term coterminous with that provided for the Office of the Attorney General under section 436(f)(1) of this Act.

"SEC. 436D. SOLICITOR GENERAL.

"(a) The Attorney General shall appoint a Solicitor General for the District of Columbia, who shall assist the Attorney General in the performance of his or her duties as provided by this section.

"(b) The Solicitor General, subject to the general supervision of the Attorney General, shall

"(1) conduct, or assign and supervise, all cases before the United States Supreme Court, including appeals, petitions for and in opposition to certiorari, briefs and arguments (including those as amicus curiae), and settlement thereof;

"(2) authorize petitions for rehearings enbanc and other extraordinary appeals, and the filing of amicus curiae briefs, in any appellate court;

"(3) provide legal counsel and advice to the Attorney General; `

"(4) take all actions with respect to the appointment, employment, separation, training, and general administration of attorneys and other personnel in the Office of the Solicitor General, subject to the final approval of the Attorney General; and

"(5) perform such other duties and functions as may be especially assigned from time to time by the Attorney General.

"(c) The Solicitor General shall serve at the pleasure of the Attorney General.

"(d) The Solicitor General shall meet the qualifications for holding office required of the Attorney General under section 436(d) of this Act and shall serve a term coterminous with that provided for the Office of the Attorney General under section 436(f)(1) of this Act, or until his or her successor is appointed.

"SEC. 436E. DISTRICT ATTORNEY FOR CRIMINAL PROSECUTIONS.

"(a) The Attorney General shall appoint a District Attorney for Criminal Prosecutions, who shall be the head of the Criminal Division of the Office of the Attorney General and who shall assist the Attorney General in the performance of his or her duties as provided by this section.

"(b) The District Attorney for Criminal Prosecutions, subject to the general supervision of the Attorney General, shall

"(1) have charge of the prosecution of violations of the criminal laws of the District of Columbia, except for those matters brought in the name of the United States pursuant to section 436H of this Act;

"(2) have charge of conduct of all juvenile delinquency proceedings based upon violations of the criminal laws of the District of Columbia;

"(3) develop and supervise the implementation of all policies relating to criminal prosecutions and juvenile delinquency proceedings, and develop policies relating to the investigation thereof;

"(4) have charge of the conduct of all extradition and other special criminal proceedings;

"(5) make recommendations to the Attorney General with respect to pardons and commutations of sentences by the Mayor of persons convicted of crimes against the District of Columbia;

"(6) conduct or authorize, in criminal prosecutions in the name of the District of Columbia, appeals in all appellate courts and petitions to such courts for the issuance of extraordinary writs, except to the extent that such functions are delegated by the Attorney General to the Solicitor General or another officer or employee in the Office of the Attorney General;

"(7) take all actions with respect to the appointment, employment, separation, training and general administration of attorneys and other personnel in the Criminal Division of the Office of the Attorney General, subject to the final approval of the Attorney General; and

"(8) perform such other duties and function as may be specially assigned from time to time by the Attorney General.

"(c) The District Attorney for Criminal Prosecutions shall serve at the pleasure of the Attorney General.

"(d) The District Attorney for Criminal Prosecutions shall meet the qualifications of office required of the Attorney General under section 436(d) of this Act and shall serve a term coterminous with that provided for the office of the Attorney General under section 436(f)(1) of this Act, or until his or her successor is appointed.

"SEC. 436F. DISTRICT ATTORNEY FOR CIVIL PROCEEDINGS.

"(a) The Attorney General shall appoint a District Attorney for Civil Proceedings, who shall be the head of the Civil Division of the Office of the Attorney General and who shall assist the Attorney General in the performance of his or her duties as provided by this section.

"(b) The District Attorney for Civil Proceedings, subject to the general supervision of the Attorney General, shall

"(1) have charge of all civil and administrative actions, suits or proceedings (including the investigation thereof) instituted by or against the District of Columbia or its agencies;

"(2) develop and supervise the implementation of all policies relating to the investigation, litigation, and settlement of suits and other proceedings against the District of Columbia or its agencies;

"(3) conduct or authorize, in civil or administrative actions, appeals by the District of Columbia and its agencies to all appellate courts and petitions to such courts for the issuance or extraordinary writs, except to the extent that such functions are delegated by the Attorney General to the Solicitor General or another officer or employee in the Office of the Attorney General;

"(4) prepare the formal opinions of the Attorney General, render informal opinions and legal advice to the agencies of the District government, including the independent agencies thereof, and assist the Attorney General in the performance of his or her functions as legal adviser to the Mayor;

"(5) take all action with respect to the appointment, employment, separation, training and general administration of attorneys and other personnel in the Civil Division of the Office of the Attorney General, subject to the final approval of the Attorney General; and

"(6) perform such other duties and functions as may be especially assigned from time to time by the Attorney General.

"(c) The District Attorney for Civil Proceedings shall serve at the pleasure of the Attorney General.

"(d) The District Attorney for Civil Proceedings shall meet the qualifications of office required of the Attorney General under section 436(d) of this Act and shall serve a term coterminous with that provided for the Office of the Attorney General under section 436(f)(1) of this Act, or until his or her successor is appointed.

"SEC. 436G. ASSISTANT DISTRICT ATTORNEYS.

"Assistant District Attorneys appointed by the Attorney General pursuant to this Act shall be authorized and empowered to execute and fulfill the duties of their office according to the Constitution and the laws of the District of Columbia and shall have and hold such offices with all the powers, privileges, and emoluments to the same of right appertaining during the pleasure of the Attorney General.

"SEC. 436H. FEDERAL PROSECUTION OF LOCAL CASES.

"(a) Except as otherwise provided in this section, prosecutions for violations of the laws of the District of Columbia shall be conducted in the name of the District of Columbia by the Attorney General for the District of Columbia.

"(b) An information or indictment brought in the name of the United States in the United States District Court for the District of Columbia may include charges of violations of the laws of the District of Columbia if

"(1) the Attorney General for the District of Columbia consents to the inclusion of such charges in writing; or

"(2) the United States Attorney General has certified the case or matter for federal prosecution pursuant to subsection (d) of this section.

"(c) An indictment or information brought in the name of the District of Columbia in the Superior Court of the District of Columbia may, with the consent of the Attorney General for the District of Columbia or upon certification by the United States Attorney General pursuant to subsection (d) of this section, be joined for trial in the United States District Court for the District of Columbia with an indictment or information brought in that court if the charges in the indictments or informations could have been joined in the same indictment or information in such District Court before the effective date of this Act.

"(d)(1) Where the United States Attorney General finds that a particular matter or case involves a legitimate and compelling federal interest, which justifies the exercise of exclusive federal jurisdiction, and such exercise of federal jurisdiction is in the public interest, he or she may file with the Clerk of the Superior Court of the District of Columbia a certification to that effect. The United States Attorney General may request that such certification be filed under seal if he or she deems it necessary to protect the integrity or an ongoing or contemplated investigation or the privacy of an individual, provided that the certification may not be filed under seal to the extent that it relates to an indictment or information preciously filed in either court. Timely notice of any certification shall be given in writing to the Attorney General for the District of Columbia.

"(2) On the filing of the certification under this subsection, the District of Columbia shall be divested of jurisdiction to conduct any investigation or to bring any prosecution in relation to the matter or cases to which the certification has been filed except to the extent that the United States Attorney General files with the Clerk of the Superior Court of the District of Columbia and the Clerk of the United States District Court for the District of Columbia a statement that the federal interest underlying the certification has been sufficiently vindicated so as to warrant the reassertion of jurisdiction by the District of Columbia. Such statement shall be filed under seal at the request of the United States Attorney General if the certification was so filed

"(3) The United States Attorney General may file a certification under this subsection only if the United States Attorney for the District of Columbia has sought and failed to obtain the consent of the Attorney General for the District of Columbia to the exercise of federal jurisdiction over the matter or case to which the certification relates

"(4) The decision of the United States Attorney General to file the certification provided for by this subsection shall not be subject to review in any court.

"(5) A prosecution pursuant to certification under this subsection shall be brought in the name of the United States in the United States District Court for the District of Columbia in the same manner and subject to the same appellate review as any other prosecution brought in the name of the United States.

"(e) In cases certified pursuant to subsection (d) of this section, the District of Columbia shall be considered as a "State" within the meaning of sections 245(a)(1), 659, 1751(h) and 2117 of title 18 of the United States Code.

"(f) Nothing in this section shall affect the authority of the United States Attorney General or the United States Attorney for the District of Columbia to exercise jurisdiction concerning violations of the laws of the United States.

"SEC. 436I. COOPERATION BETWEEN DISTRICT AND FEDERAL AGENCIES.

"(a) To the extent necessary to ensure effective law enforcement and the due administration of criminal justice in the District of Columbia, the United States Attorney General shall provide assistance and guidance in the training of Assistant District Attorneys, the development of ethical and professional standards for the conduct of criminal prosecutions, and the development of cooperative law enforcement activities.

"(b) The United States Attorney General and the Attorney General for the District of Columbia shall enter into a Memorandum of Understanding under which

"(1) the United States Attorney General will render, or coordinate the rendering by other federal agencies and departments of, assistance to the District of Columbia;

"(2) there will be the maximum feasible exchange of information concerning violations or potential violations of law within their respective jurisdictions, and in particular concerning those matters which may warrant exercise of the certification authority provided under section 436H(d) of this Act, provided that the provision of Rule 6(e) of the Criminal Rules of the Superior Court of the District of Columbia shall not bar the disclosure of matters occurring before the grand jury to the United States Attorney for the District of Columbia in connection with the investigation or prosecution of violations of laws of the United States or of the District of Columbia; and

"(3) the Attorney General for the District of Columbia and other agencies of the District of Columbia will provide to the United States Attorney General and the United States Attorney for the District of Columbia such assistance as may be necessary in aid of their investigative and prosecutorial responsibilities.

"TITLE III--TRANSITION PROVISIONS.

"SEC. 301. ABOLISHMENT OF THE OFFICE OF THE CORPORATION COUNSEL.

"The Office of the Corporation Counsel of the District of Columbia, as established by section 18 of the Act of August 23, 1971, of the Legislative Assembly of the District of Columbia, and as reestablished by Reorganization Order No. 50 promulgated by the Board of Commissioners pursuant to Reorganization Plan No. 5 of 1951, is abolished, and its functions and positions are transferred to the Office of the Attorney General.

"SEC. 302. TRANSFER OF PERSONNEL.

"(a) Officers and employees of the Office of the Corporation Counsel incumbent prior to the effective date of title II of this Act, shall be deemed to be transferred to the Office of the Attorney General as of the effective date of title II of this Act without a break in service. Such officers or employees of such office as are appointed Assistant District Attorneys shall serve at the pleasure of the Attorney General.

"(b) Any officer or employee of the Office of the United States Attorney for the District of Columbia who, after the date of enactment of this Act but no later than 90 days prior to the effective date of title II of this Act, requests in writing to be transferred to the Office of Attorney General, shall, with the approval of the Attorney General Designate, be deemed to be transferred to such office without a break in service on the effective date of title II of this Act. The Attorney General Designate may permit such request for transfer to be made later than 90 prior to the effective date of title II of this Act, but in no event subsequent to such effective date. The Attorney General Designate shall be deemed to have approved such transfer unless he or she indicates in writing his or her disapproval within 90 days (excluding Saturdays, Sundays, and holidays) of the date on which such request for transfer is made.

"(c) No employee shall, by reason of his or her transfer to the Office of the Attorney General, be deprived of any civil service or Federal Employees' Retirement System rights, benefits, and privileges held by him or her prior to such transfer, but shall retain personnel benefits, including but not limited to pay, tenure, leave, residence, retirement, health and life insurance, and employee disability and death benefits, all at least equal to those provided by legislation enacted by Congress or the Council, or regulation adopted pursuant thereto, and applicable to such employees immediately prior to the effective date of the system established pursuant to this Act, except that notwithstanding any other provision of law, those persons appointed as Assistant District Attorneys shall serve, as of the date of their appointments, at he pleasure of the Attorney General.

"SEC. 303. TRANSFER OF POSITIONS, PROPERTY, AND FUNDS.

"(a) In each case of the transfer by any provision of this Act of functions of the Corporation Counsel of the District of Columbia, the Attorney General of the United States, or the United States Attorney for the District of Columbia to the Attorney General for the District of Columbia, there are hereby authorized to be transferred positions, property, records, and unexpended balances of appropriations, allocations or other funds, assets and liabilities which relate primarily to the functions so transferred.

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

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

"(2) in the case of functions transferred from a District officer or agency, by the Mayor.

"SEC. 304. PENDING ACTIONS AND PROCEEDINGS.

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

"(b) Prosecutions for violations of the laws of the District of Columbia brought by the United States Attorney for the District of Columbia in the Superior Court of the District of Columbia by the filing of an indictment or information prior to the effective date of this Act shall be completed by the Attorney General for the District of Columbia, including any appellate review. The United States Attorney for the District of Columbia and the Attorney General for the District of Columbia shall enter into an agreement providing for the designation of Assistant United States Attorneys as Assistant District Attorneys for the purpose of completing such cases, pursuant to section 101(d) of title 23 of the District of Columbia Code, in the interests of economical use of prosecutorial resources.

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

Sec. 5. The Council shall transmit copies of this resolution, upon its adoption, to the Honorable Eleanor Holmes Norton.

Sec. 6. Effective date.