If a department or agency of the government of the District of Columbia is under the administration of a court-appointed receiver or other court-appointed official during fiscal year 1998 or any succeeding fiscal year, the receiver or official shall prepare and submit to the Mayor, for inclusion in the annual budget of the District of Columbia for the year, annual estimates of the expenditures and appropriations necessary for the maintenance and operation of the department or agency. All such estimates shall be forwarded by the Mayor to the Council, for its action pursuant to sections 446 and 603(c) of the District of Columbia Home Rule Act, without revision but subject to the Mayor's recommendations. Notwithstanding any provision of the District of Columbia Home Rule Act, the Council may comment or make recommendations concerning such annual estimates but shall have no authority under such Act to revise such estimates.
(Nov. 19, 1997, 111 Stat. 2178, Pub. L. 105-100, § 140.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 47-301.1.
References in Text
Sections 446 and 603(c) of the District of Columbia Home Rule Act, referred to in this section, are §§ 446 and 603(c) of the Act of December 24, 1973, 87 Stat. 774, Pub. L. 93-198, set out in Volume 1, and codified as §§ 1-204.46 and 1-206.03(c), respectively.
(a) All of the revenue derived from the collection of charges imposed for rental and utilization of public space authorized by the District of Columbia Public Space Rental Act, approved October 17, 1968 (82 Stat. 1156; D.C. Official Code § 10-1101.01 et seq.), shall be dedicated annually to the Local Transportation Fund.
(b) Revenue derived from the collection of charges imposed for rental and utilization of public space authorized by the District of Columbia Public Space Rental Act, approved October 17, 1968 (82 Stat. 1156; D.C. Official Code § 10-1101.01 et seq.), may be transferred annually to the District of Columbia Highway Trust Fund in an amount sufficient to meet the local contribution to match the federal entitlement grant.
(Oct. 19, 2000, D.C. Law 13-172, § 505, 47 DCR 6308; Apr. 8, 2011, D.C. Law 18-370, § 625(a), 58 DCR 1008.)
HISTORICAL AND STATUTORY NOTES
Effect of Amendments
D.C. Law 18-370 rewrote the section, which formerly read:
"(a) The Mayor's submission of proposed budgets to the Council beginning with the budget for fiscal year 2002 shall provide for all of the revenue derived from the collection of public rights-of-way occupancy fees to be dedicated to the District of Columbia Highway Trust fund and shall provide for any necessary adjustments to keep in balance the financial plan.
"(b) Subsection (a) of this section shall not be applicable to the extent that FY 2002 General Fund revenues are inadequate and revenues do not exceed projections as certified in conjunction with the Fiscal Year 2001 Budget Request Act. In this event, the Mayor shall include a detailed explanation with his submission of the FY 2002 budget to the Council."
Temporary Repeal of Section
Section 2 of D.C. Law 19-97 repealed this section.
Section 6(b) of D.C. Law 19-97 provides that the act shall expire after 225 days of its having taken effect.
Emergency Act Amendments
For temporary (90-day) authorization of public rights-of-way occupancy fee appropriation, see § 505 of the Fiscal Year 2001 Budget Support Emergency Act of 2000 (D.C. Act 13-376, July 24, 2000, 47 DCR 6574).
For temporary (90 day) amendment of section, see § 505 of the Fiscal Year 2001 Budget Support Congressional Review Emergency Act of 2000 (D.C. Act 13-438, October 20, 2000, 47 DCR 8740).
For temporary (90 day) amendment of section, see § 625(a) of Fiscal Year 2011 Supplemental Budget Support Emergency Act of 2010 (D.C. Act 18-694, January 19, 2011, 58 DCR 662).
For temporary (90 day) repeal of section, see § 2 of District Department of Transportation Omnibus Emergency Amendment Act of 2011 (D.C. Act 19-254, December 21, 2011, 58 DCR 11215).
Legislative History of Laws
Law 13-172, the "Fiscal Year 2001 Budget Support Act of 2000," was introduced in Council and assigned Bill No. 13-679, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on May 15, 2000, and June 6, 2000, respectively. Signed by the Mayor on June 26, 2000, it was assigned Act No. 13-175 and transmitted to both Houses of Congress for its review. D.C. Law 13-172 became effective on October 19, 2000.
For history of Law 18-370, see notes under § 47-143.
Miscellaneous Notes
Section 629 of D.C. Law 18-370 provides:
"Sec. 629. Applicability.
"This subtitle shall apply as of October 1, 2011; except, that sections 622 and 623(a)(2) shall apply as of the effective date of this act."
(June 8, 2006, D.C. Law 16-123, § 301(b), 53 DCR 2843; Sept. 18, 2007, D.C. Law 17-20, § 4042(b)(2), 54 DCR 7052; Mar. 3, 2010, D.C. Law 18-111, § 7061, 57 DCR 181; Sept. 14, 2011, D.C. Law 19-21, § 7012(a)(2), 58 DCR 6226.)
HISTORICAL AND STATUTORY NOTES
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 4042(b)(2) of Fiscal Year 2008 Budget Support Emergency Act of 2007 (D.C. Act 17-74, July 25, 2007, 54 DCR 7549).
For temporary (90 day) amendment of section, see § 7011 of Fiscal Year 2010 Budget Support Emergency Act of 2009 (D.C. Act 18-187, August 26, 2009, 56 DCR 7374).
For temporary (90 day) amendment of section, see § 7061 of Fiscal Year 2010 Budget Support Second Emergency Act of 2009 (D.C. Act 18-207, October 15, 2009, 56 DCR 8234).
For temporary (90 day) amendment of section, see § 7061 of Fiscal Year Budget Support Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-260, January 4, 2010, 57 DCR 345).
For temporary (90 day) repeal of section, see § 7012(a)(2) of Fiscal Year 2012 Budget Support Emergency Act of 2011 (D.C. Act 19-93, June 29, 2011, 58 DCR 5599).
Legislative History of Laws
For Law 16-123, see notes following § 47-2033.
Law 17-20, the "Fiscal Year 2008 Budget Support Act of 2007", was introduced in Council and assigned Bill No. 17-148 which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on May 15, 2007, and June 5, 2007, respectively. Signed by the Mayor on June 28, 2007, it was assigned Act No. 17-63 and transmitted to both Houses of Congress for its review. D.C. Law 17-20 became effective on September 18, 2007.
Law 18-111, the "Fiscal Year 2010 Budget Support Act of 2009", was introduced in Council and assigned Bill No. 18-203, which was referred to the Committee on the Whole. The bill was adopted on first and second readings on May 12, 2009, and September 22, 2009, respectively. Signed by the Mayor on December 18, 2009, it was assigned Act No. 18-255 and transmitted to both Houses of Congress for its review. D.C. Law 18-111 became effective on March 3, 2010.
Law 19-21, the "Fiscal Year 2012 Budget Support Act of 2011", was introduced in Council and assigned Bill No. 19-203, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on May 25, 2011, and June 14, 2011, respectively. Signed by the Mayor on July 22, 2011, it was assigned Act No. 19-98 and transmitted to both Houses of Congress for its review. D.C. Law 19-21 became effective on September 14, 2011.
Miscellaneous Notes
Short title: Section 7060 of D.C. Law 18-111 provided that subtitle D of title VII of the act may be cited as the "School Modernization Financing Amendment Act of 2009".
Short title: Section 7011 of D.C. Law 19-21 provided that subtitle B of title VII of the act may be cited as "Prior Fiscal Year Conforming Budget Amendments Act of 2011".
Pursuant to §§ 1-204.48(a)(3) and 1-206.03(c) and (d), the Mayor shall annually, and prior to transmittal of the budget of the District to the President of the United States, submit to the Council a gross planning budget for the District, which shall include, but not be limited to, the amount of estimated revenue by source, including all sources, and the planned obligation of all revenue presented at responsibility center detail. The gross planning budget shall be approved by resolution of the Council.
(Sept. 16, 1980, D.C. Law 3-104, § 7, 27 DCR 3748; enacted, Apr. 9, 1997, D.C. Law 11-254, § 2, 44 DCR 1575.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 47-306.
Legislative History of Laws
For legislative history of D.C. Law 3-104, see Historical and Statutory Notes following § 47-381.
(a) Within 14 days of Congressional approval of the appropriated budget of the District, the Mayor shall submit to the Council an act to establish the control budget of the District, including all revenue sources, which shall be presented in responsibility center detail; provided, that nothing in this section may be construed as giving the Council the power to modify any action taken by the Congress in the appropriations act for the District.
(b) Prior to the obligation during the fiscal year of any grant funds awarded subsequent to the start of the fiscal year, the Mayor shall submit to the Council an act to establish such grant award as part of the control budget of the District, and such grant award shall be submitted in responsibility center detail.
(Sept. 16, 1980, D.C. Law 3-104, § 8, 27 DCR 3748; enacted, Apr. 9, 1997, D.C. Law 11-254, § 2, 44 DCR 1575.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 47-307.
Legislative History of Laws
For legislative history of D.C. Law 3-104, see Historical and Statutory Notes following § 47-381.
(a) Within 30 days of the Mayor's first call with respect to the preparation of the budget for fiscal year 1982, and any subsequent fiscal year, the Mayor shall submit to the Council a resolution to establish the budget structure, including but not limited to designating control centers and responsibility centers, and a designation of all those entities as they are proposed for financial management purposes within the gross planning budget.
(b) The Council shall consider such resolution according to its rules. Should no written notice of disapproval of such resolution be filed by any member of the Council with the Secretary to the Council within 14 days of the receipt of such resolution from the Mayor, the resolution shall be deemed to be approved. Should notice of disapproval be filed during such initial 14 day period, the Council shall dispose of such notice of disapproval within 30 days of the initial receipt of the resolution from the Mayor, or the resolution to establish the budget structure shall be deemed to be approved.
(c) No such resolution may be submitted to the Council during such time as the Council is on recess, according to its rules, nor shall any time period provided in this section continue to run during such time as the Council is on recess.
(d) If the Council disapproves such resolution, the Mayor may, on a clear showing of changed circumstance, new information, or additional administrative hardship, ask for a reconsideration of the previous action of the Council. The Council may in its discretion reconsider its previous action.
(Sept. 16, 1980, D.C. Law 3-104, § 9, 27 DCR 3748; enacted, Apr. 9, 1997, D.C. Law 11-254, § 2, 44 DCR 1575; Mar. 25, 2009, D.C. Law 17-353, § 210, 56 DCR 1117.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 47-308.
Effect of Amendments
D.C. Law 17-353, in subsec. (c), substituted "in recess" for "in process".
Legislative History of Laws
For legislative history of D.C. Law 3-104, see Historical and Statutory Notes following § 47-381.
Law 17-353, the "Technical Amendments Act of 2008", was introduced in Council and assigned Bill No. 17-994 which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on December 2, 2008, and December 16, 2008, respectively. Signed by the Mayor on January 15, 2009, it was assigned Act No. 17-687 and transmitted to both Houses of Congress for its review. D.C. Law 17-353 became effective on March 25, 2009.
Miscellaneous Notes
Annual budget structure approved: Pursuant to Resolution 7-210, the "Budget Structure for the Fiscal Year 1989 Budget Approval Resolution of 1988", effective February 2, 1988, the Council approved the proposed budget structure for the fiscal year ending September 30, 1989.
(a) For purposes of this section, the term:
(1) "Activity" means a component part of the District's program structure comprised of a set of services grouped around a common purpose.
(2) "Operating agency" means any agency that receives budget authority through the District of Columbia's annual appropriation.
(3) "Performance-based budget" means a budget presentation consisting of agency programs, estimated total program and activity costs, as well as full-time equivalents for the current and next fiscal year; agency strategic result goals; an overview describing the activities within each program; estimated program costs; and program performance measures.
(3A) "Relevant cost drivers" are the basic causes behind service delivery that can be utilized to reasonably predict the cost of a service based on its level of activity, which for 2008 shall be reported at the program level and for 2009 and beyond shall be reported at the activity level.
(3B) "Relevant performance measures" means metrics established by the Mayor, after consultation with Stakeholders before the beginning of each fiscal year, that establish expectations about:
(A) The results an agency will produce;
(B) The outputs or services the agency will produce;
(C) The demands for activities from the agency; and
(D) The efficiency with which the agency produces results, outputs, and services and meets the demands for activity by the agency.
(3C) "Stakeholders" are the customers of an agency that use the agency's services or products and may include both government customers and persons or corporations that are resident in the District.
(4) "Service" means the deliverables or products that the customer receives. The lowest level in the District's program structure, services are discrete units of governmental functions that together make up an activity.
(5) "Service-level budgets" means a budget by fund and object class for a service provided by the District listed at organizational level 4 in the financial system and at the service level in agency strategic business plans.
(b) Beginning with the District of Columbia's Fiscal Year 2004 budget and financial plan, any agency that has converted to a performance-based budget shall continue presenting its budget in such format, unless the Chief Financial Officer considers it appropriate to present an agency's budget in a different format.
(c) Beginning in Fiscal Year 2004 and continuing in subsequent fiscal years until all applicable agencies funded by the General Fund within the District of Columbia's budget and financial plan are submitting performance-based budgets, the Mayor shall identify by executive order, no later than July 10, at least 15 additional agencies to submit performance-based budgets the following fiscal year. For the Fiscal Year 2006 budget and financial plan, the Mayor shall submit to the Council a performance-based budget for every operating agency in the District of Columbia, unless the Chief Financial Officer considers it inappropriate to do so.
(d) Beginning in fiscal year 2006 and phasing in through fiscal year 2009 by appropriation title beginning with Public Safety and Justice and Public Works in fiscal year 2006, Governmental Direction and Support in fiscal year 2007, Public Education Systems and Economic Development and Regulation in fiscal year 2008, and Human Support Services and all other remaining agencies in fiscal year 2009, the Chief Financial Officer shall provide service level budgets for any operating agency where services are a part of an activity that has a minimum threshold of $5 million from the prior fiscal year's appropriation or provides services determined by the Mayor or the Council to be a priority for the District of Columbia. By no later than August 15 of each year, beginning in fiscal year 2006 and continuing in subsequent fiscal years, the Chief Financial Officer shall provide to the Mayor and the Council a list of service costs for activities that have a minimum threshold of $10 million from the prior fiscal year's appropriation.
(e) Beginning in Fiscal Year 2005 and continuing in subsequent fiscal years, the Office of Budget and Planning, in consultation with the Office of the City Administrator, shall identify 25 critical programs to benchmark with comparable jurisdictions and shall include those benchmarks in the budget and financial plan.
(f) The Office of Budget and Planning shall review all agency program expenditures, including program definitions, estimated program costs, program performance measures, and agency benchmarks, which expenditures shall be included in the District of Columbia's budget and financial plan. For the Fiscal Year 2006 budget, no operating agency budget shall be forwarded to the Mayor for approval without the Office of Budget and Planning's determination that it is a performance-based budget, except those agencies for which the Chief Financial Officer considers such a budget to be inappropriate.
(g)(1) Each agency that has transitioned to the performance-based budget format shall submit a copy of its strategic business plan to the Council prior to January 31 of each year.
(2) The Office of the City Administrator, in conjunction with the Office of the Chief Financial Officer, shall make available, in electronic format, copies of agency strategic business plans to the public and shall display the strategic business plans on the District government's internet site.
(Oct. 3, 2001, D.C. Law 14-28, § 4502(b), 48 DCR 6981; Oct. 1, 2002, D.C. Law 14-190, § 202, 49 DCR 6968; Nov. 13, 2003, D.C. Law 15-39, § 1002, 50 DCR 5668; Dec. 7, 2004, D.C. Law 15-205, § 1032, 51 DCR 8441; Oct. 20, 2005, D.C. Law 16-33, § 1006(b), 52 DCR 7503.)
HISTORICAL AND STATUTORY NOTES
Effect of Amendments
D.C. Law 14-190 rewrote the section which had read as follows:
"(a) For the purposes of this section, the term 'performance-based budget' means a budget presentation consisting of:
"(1) The program name;
"(2) Estimated total program, activity and service costs, as well as full-time equivalents for the prior fiscal year, current fiscal year, and next fiscal year;
"(3) Program goals and objectives;
"(4) Program overview describing the services provided;
"(5) Estimated program direct and indirect costs;
"(6) Agency performance measures; and
"(7) Agency benchmarks providing comparisons with other jurisdictions.
"(b) Beginning with the District of Columbia's Fiscal Year 2003 budget and financial plan, the Mayor shall submit to the Council a performance-based budget for the Metropolitan Police Department, the Department of Health, the Department of Human Services, the Fire and Emergency Medical Services Department, the Department of Motor Vehicles, the District of Columbia Public Schools, and the Department of Public Works.
"(c) Beginning with the District of Columbia's Fiscal Year 2004 budget and financial plan, the budget for all District of Columbia agencies funded by the General Fund within the District of Columbia's budget and financial plan shall be a performance-based budget.
"(d) The Office of Budget and Planning shall review all agency program and activity expenditures, including program definitions, estimated direct and indirect program cost allocation assumptions and methodologies, agency performance measures, and agency benchmarks, which expenditures shall be included in the District of Columbia's budget and financial plan. No agency budget shall be forwarded to the Mayor for approval without the prior Office of Budget and Planning determination that it is an activity-based budget."
D.C. Law 15-39 rewrote the section which had read as follows:
"(a) For purposes of this section, the term, 'performance-based budget' means a budget presentation consisting of:
"(1) The program name;
"(2) Estimated total program, activity and service costs, as well as full-time equivalents for the prior fiscal year, current fiscal year, and next fiscal year;
"(3) Agency strategic result goals;
"(4) Program overview describing the activities provided;
"(5) Estimated program costs;
"(6) Program performance measures; and
"(7) Program benchmarks providing comparisons with other jurisdictions.
"(b) Beginning with the District of Columbia's Fiscal Year 2003 budget and financial plan, at a minimum, the Mayor shall submit to the Council a performance-based budget for the Metropolitan Police Department, the Department of Transportation, the Department of Human Services, the Fire and Emergency Medical Services Department, the Department of Motor Vehicles, the Office of the Chief Financial Officer, and the Department of Public Works.
"(c) Beginning in Fiscal Year 2003 and continuing in subsequent fiscal years until all agencies funded by the General Fund within the District of Columbia's budget and financial plan are submitting performance-based budgets, the Mayor shall identify by executive order, no later than July 10th, at least 12 agencies to submit a performance-based budget in accordance with the following fiscal year. For the Fiscal Year 2004 budget and financial plan, the Mayor shall submit to the Council a performance-based budget for the Department of Corrections and the Office of Corporation Counsel.
"(d) The Office of Budget and Planning shall review all agency program expenditures, including program definitions, estimated program costs, program performance measures, and agency benchmarks, which expenditures shall be included in the District of Columbia's budget and financial plan. No agency budget shall be forwarded to the Mayor for approval without the prior Office of Budget and Planning determination that it is a performance-based budget."
D.C. Law 15-205 rewrote subsecs. (a) and (d) which had read as follows:
"(a) For purposes of this section, the term, "performance-based budget" means a budget presentation consisting of:
"(1) Agency programs;
"(2) Estimated total program activity costs, as well as full-time equivalents for the current and next fiscal year;
"(3) Agency strategic result goals;
"(4) Program overview describing the activities within each program;
"(5) Estimated program costs; and
"(6) Program performance measures."
"(d) Beginning in Fiscal Year 2005, the Chief Financial Officer shall provide service level costs for 20 services, as requested by the Council. Beginning in Fiscal Year 2006, the Chief Financial Officer shall provide service level costs for all operating agencies in the District of Columbia."
D.C. Law 16-33, in subsec. (a), added pars. (3B), (3A), and (3C).
Temporary Amendments of Section
Section 2 of D.C. Law 15-344, amending section 5903 of D.C. Law 15-205, substituted "operation" for "renovation".
Emergency Act Amendments
For temporary (90 day) addition of section, see § 4102(b) of Fiscal Year 2002 Budget Support Emergency Act of 2001 (D.C. Act 14-124, August 3, 2001, 48 DCR 7861).
For temporary (90 day) amendment of section, see § 202 of Fiscal Year 2003 Budget Support Emergency Act of 2002 (D.C. Act 14-453, July 23, 2002, 49 DCR 8026).
For temporary (90 day) amendment of section, see § 1002 of Fiscal Year 2004 Budget Support Emergency Act of 2003 (D.C. Act 15-105, June 20, 2003, 50 DCR 5613).
For temporary (90 day) amendment of section, see § 1002 of Fiscal Year 2004 Budget Support Congressional Review Emergency Act of 2003 (D.C. Act 15-149, September 22, 2003, 50 DCR 8360).
For temporary (90 day) amendment of section, see § 1032 of Fiscal Year 2005 Budget Support Emergency Act of 2004 (D.C. Act 15-486, August 2, 2004, 51 DCR 8236).
For temporary (90 day) human support services fiscal year 2005 program performance provisions, see §§ 5902, 5903 of Fiscal Year 2005 Budget Support Emergency Act of 2004 (D.C. Act 15-486, August 2, 2004, 51 DCR 8236).
For temporary (90 day) amendment of section, see § 1032 of Fiscal Year 2005 Budget Support Congressional Review Emergency Act of 2004 (D.C. Act 15-594, October 26, 2004, 51 DCR 11725).
For temporary (90 day) human support services fiscal year 2005 program performance provisions, see §§ 5902, 5903 of Fiscal Year 2005 Budget Support Congressional Review Emergency Act of 2004 (D.C. Act 15-594, October 26, 2004, 51 DCR 11725).
For temporary (90 day) amendment of section, see § 1006(b) of Fiscal Year 2006 Budget Support Emergency Act of 2005 (D.C. Act 16-168, July 26, 2005, 52 DCR 7667).
Legislative History of Laws
Law 14-28, the "Fiscal Year 2002 Budget Support Act of 2001", was introduced in Council and assigned Bill No. 14-144, which was referred to the Committee Of the Whole. The Bill was adopted on first and second readings on May 1, 2001, and June 5, 2001, respectively. Signed by the Mayor on June 29, 2001, it was assigned Act No. 14-85 and transmitted to both Houses of Congress for its review. D.C. Law 14-28 became effective on October 3, 2001.
Law 14-190, the "Fiscal Year 2003 Budget Support Act of 2002", was introduced in Council and assigned Bill No. 14-609, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on May 7, 2002, and June 4, 2002, respectively. Signed by the Mayor on July 3, 2002, it was assigned Act No. 14-403 and transmitted to both Houses of Congress for its review. D.C. Law 14-190 became effective on October 1, 2002.
Law 15-39, the "Fiscal Year 2004 Budget Support Act of 2003", was introduced in Council and assigned Bill No. 15-218, which was referred to Committee on Whole. The Bill was adopted on first and second readings on May 6, 2003, and June 3, 2003, respectively. Signed by the Mayor on June 20, 2003, it was assigned Act No. 15-106 and transmitted to both Houses of Congress for its review. D.C. Law 15-39 became effective on November 13, 2003.
Law 15-205, the "Fiscal Year 2005 Budget Support Act of 2004", was introduced in Council and assigned Bill No. 15-768, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on May 14, 2004, and June 29, 2004, respectively. Signed by the Mayor on August 2, 2004, it was assigned Act No. 15-487 and transmitted to both Houses of Congress for its review. D.C. Law 15-205 became effective on December 7, 2004.
Law 15-344, the "Fiscal Year 2005 Southeast Veteran's Access Housing, Inc., Budget Support Temporary Amendment Act of 2004", was introduced in Council and assigned Bill No. 15-1172 and was retained by Council. The Bill was adopted on first and second readings on December 21, 2004, and January 4, 2005, respectively. Signed by the Mayor on January 19, 2005, it was assigned Act No. 15-762 and transmitted to both Houses of Congress for its review. D.C. Law 15- 344 became effective on April 12, 2005.
Law 16-33, the "Fiscal Year 2006 Budget Support Act of 2005", was introduced in Council and assigned Bill No. 16-200 which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on May 10, 2005, and June 21, 2005, respectively. Signed by the Mayor on July 26, 2005, it was assigned Act No. 16-166 and transmitted to both Houses of Congress for its review. D.C. Law 16-33 became effective on October 20, 2005.
Miscellaneous Notes
Short title of title II of Law 14-190: Section 201 of D.C. Law 14-190 provided that title II of the act may be cited as the Performance and Financial Accountability Act of 2002.
Short title of title X of Law 15-39: Section 1001 of D.C. Law 15-39 provided that title X of the act may be cited as the Performance and Financial Accountability Act of 2003.
Short title of subtitle D of title I of Law 15-205: Section 1031 of D.C. Law 15-205 provided that subtitle D of title I of the act may be cited as the Performance and Financial Accountability Amendment Act of 2004.
Short title of subtitle I of title V of Law 15-205: Section 5901 of D.C. Law 15-205 provided that subtitle I of title V of the act may be cited as the Human Support Services Fiscal Year 2005 Program Performance Requirements Act of 2004.
Sections 5902 and 5903 of D.C. Law 15-205 provides:
"Sec. 5902. Department of Health fiscal year 2005 program performance requirements.
"For fiscal year 2005, the Department of Health shall:
"(1) Have sufficient local match available as needed to be spent so that no federal dollars are lost in programs including the Breast and Cervical Cancer Program, the Prostate Cancer Program, the Comprehensive Cancer Control Program, and the D.C. Cancer Registry;
"(2) Maintain fiscal year 2003 number of full-time employees, hours of operation, and services in the Sexually Transmitted Disease Control Program and the Tuberculosis Control Program; and
"(3) Allocate sufficient funds to the Department of Health, Health Regulation Administration to maintain the fiscal year 2003 funding level and number of inspector and surveyor full-time employees for the following divisions:
"(A) The Health Care Facilities Division;
"(B) Child and Residential Care Facilities Division; and
"(C) Intermediate Care Facilities Division.
"Sec. 5903. Department of Human Services Fiscal Year 2005 program performance requirements.
"For fiscal year 2005, the Department of Human Services shall use the $250,000 that the Committee on Human Services directed from the Department of Mental Health's Strategic Management Service to the Department of Human Services' Family Services Administration for the Southeast Veteran's Access Housing, Inc., for the renovation of the men's shelter."
Section 4(b) of D.C. Law 15-344 provides that the act shall expire after 225 days of its having taken effect.
Short title of subtitle B of title I of Law 16-33: Section 1005 of D.C. Law 16-33 provided that subtitle B of title I of the act may be cited as the Performance-Based Budgeting Act of 2005.
(a) Each relevant performance measure must be linked to spending on the relevant activity.
(b) Each relevant performance measure shall represent a significant and realistic challenge for expected performance of the activity.
(c) Each agency shall have at least one relevant performance measure for each activity.
(d) Relevant performance measures for each fiscal year, shall be established by the Mayor or his designee, after consultation with the agency's stakeholders.
(e) Beginning with fiscal year 2007, and for each subsequent fiscal year, all relevant performance measures for the prior fiscal year shall be provided to the Council in January along with the performance accountability reports submitted pursuant to § 1-614.13, and beginning with fiscal year 2008, and for each following fiscal year, all relevant cost drivers shall be provided with the relevant performance measures in accordance with § 47-308.03(e).
(f) Beginning with fiscal year 2008, and for each subsequent fiscal year, the Mayor, or his designee, shall, in consultation with an agency's stakeholders, establish relevant performance measures and utilize these performance measures in the agency's strategic business plan.
(Oct. 20, 2005, D.C. Law 16-33, § 1006(c), 52 DCR 7503; Mar. 2, 2007, D.C. Law 16-191, § 5(a), 53 DCR 6794.)
HISTORICAL AND STATUTORY NOTES
Effect of Amendments
D.C. Law 16-191, in subsec. (e), substituted "§ 1-614.13" for "[§ 1-614.13]".
Emergency Act Amendments
For temporary (90 day) addition of section, see § 1006(c) of Fiscal Year 2006 Budget Support Emergency Act of 2005 (D.C. Act 16-168, July 26, 2005, 52 DCR 7667).
Legislative History of Laws
For Law 16-33, see notes following § 47-308.01.
Law 16-191, the "Technical Amendments Act of 2006", was introduced in Council and assigned Bill No. 16-760, which was referred to the Committee of the whole. The Bill was adopted on first and second readings on June 20, 2006, and July 11, 2006, respectively. Signed by the Mayor on July 31, 2006, it was assigned Act No. 16-475 and transmitted to both Houses of Congress for its review. D.C. Law 16-191 became effective on March 2, 2007.
(a) By September 30, 2005, the Mayor shall ensure that each agency engaged in Performance Based Budgeting shall meet with its stakeholders to review and update its current relevant performance measures.
(b) By September 30, 2006, and each subsequent year, the Mayor shall ensure that for the following fiscal year each agency activity has at least one relevant performance measure and per program one relevant cost driver.
(c)(1) No later than January 15th of each year, the Mayor shall submit to the Council a performance accountability report that includes the evaluation of each agency's performance on its activities for the preceding fiscal year and includes all relevant performance measures, as determined in accordance with subsections (a) or (b) of this section, whichever is applicable.
(2) The report shall provide quantitative or qualitative results for the relevant performance measures, where available, accompanied by an analysis of the results achieved.
(d) Beginning with the District of Columbia's fiscal year 2007 budget and financial plan and continuing in subsequent fiscal years, the Mayor, in consultation with the Chief Financial Officer, shall provide for each agency under performance-based budgeting or funded by O-type funds, relevant performance measures that comply with subsection (c) of this section for Council review within 180 days of the beginning of the fiscal year.
(e) For fiscal year 2007, and each subsequent fiscal year, each independent and executive agency shall have at least one relevant performance measure for each activity reported in the budget and financial plan. Beginning with fiscal year 2008, each independent and executive agency shall have at least one relevant cost driver reported in the budget and financial plan, which for 2008 shall be reported at the program level and for 2009 and beyond shall be reported at the activity level.
(f) For each fiscal year, the Mayor shall:
(1) Submit a copy of the measures developed pursuant to subsection (a) of this section to the Council for review for informational purposes no later than May 31st indicating each relevant performance measure published in the Budget and Financial Plan that was not used to evaluate agency directors for bonuses; and
(2) Publish in the Budget and Financial Plan, at least one relevant performance measure for each agency activity, including a summary explanation of why the measures assist in holding the agency's management accountable for their use of public funds.
(Oct. 20, 2005, D.C. Law 16-33, § 1006(c), 52 DCR 7503.)
HISTORICAL AND STATUTORY NOTES
Emergency Act Amendments
For temporary (90 day) addition of section, see § 1006(c) of Fiscal Year 2006 Budget Support Emergency Act of 2005 (D.C. Act 16-168, July 26, 2005, 52 DCR 7667).
Legislative History of Laws
For Law 16-33, see notes following § 47-308.01.
The Mayor is authorized to borrow funds from the United States Treasury in anticipation of the collection or receipt of revenues; provided, that each such borrowing is approved by the Council in advance of such borrowing by resolution.
(Sept. 16, 1980, D.C. Law 3-104, § 10, 27 DCR 3748; enacted, Apr. 9, 1997, D.C. Law 11-254, § 2, 44 DCR 1575.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 47-309.
Legislative History of Laws
For legislative history of D.C. Law 3-104, see Historical and Statutory Notes following § 47-381.
(a) Submission of quarterly financial reports. -- Not later than fifteen days after the end of every calendar quarter (beginning October 1, 1994), the Mayor shall submit to the Committee on the District of Columbia of the House of Representatives, the Committee on Governmental Affairs of the Senate, and the Subcommittees on District of Columbia Appropriations of the House of Representatives and the Senate a report on the financial and budgetary status of the government of the District of Columbia for the previous quarter.
(b) Contents of report. -- Each report submitted under subsection (a) of this section with respect to a quarter shall include the following information:
(1) A comparison of actual to forecasted cash receipts and disbursements for each month of that quarter, as presented in the District's fiscal year consolidated cash forecast which shall be supported and accompanied by cash forecasts for the general fund and each of the District government's other funds other than the capital projects fund and trust and agency funds;
(2) A projection of the remaining months' cash forecast for that fiscal year;
(3) Explanations of (A) the differences between actual and forecasted cash amounts for each of the months in the quarter, and (B) the changes in the remaining months' forecast as compared to the original forecast for those months of that fiscal year;
(4) The effect of these changes, actual and projected, on the total cash balance of the remaining months and for the fiscal year;
(5) Explanations of the impact on meeting the budget, how the results may be reflected in a supplemental budget request, or how other policy decisions may be necessary which may require the agencies to reduce expenditures in other areas; and
(6) An aging of the outstanding receivables and payables, with an explanation of how they are reflected in the forecast of cash receipts and disbursements.
(c) Reporting on nonappropriated funds. -- Not later than the date on which the Mayor issues the Comprehensive Annual Financial Report of the District of Columbia for the fiscal year ended September 30, 1994, the Mayor shall submit to the Committees on Appropriations of the House of Representatives and the Senate, the Committee on the District of Columbia of the House of Representatives, and the Committee on Governmental Affairs on the Senate a report on all revenues and expenditures of the general fund of the District that are characterized as nonappropriated in the Comprehensive Annual Financial Report. The report required by this subsection shall include the following information for each category of nonappropriated funds:
(1) The source of revenues;
(2) The object of the expenditures;
(3) An aging of outstanding accounts receivable and accounts payable;
(4) The statutory or other legal authority under which such category of funds may be expended without having been appropriated as part of the District's annual budget and appropriations process;
(5) The date when such category of funds was first expended on a nonappropriated basis;
(6) The policy or rationale for why the revenues and expenditures of such funds should not be part of the District's annual budget and appropriations process; and
(7) A reconciliation of the amounts reported under this subsection with the amounts characterized as nonappropriated in the Comprehensive Annual Financial Report.
(Sept. 30, 1994, 108 Stat. 2589, Pub. L. 103-334, § 137; enacted, Apr. 9, 1997, D.C. Law 11-254, § 2, 44 DCR 1575.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 47-310.1.
Temporary Amendments of Section
Section 2 of D.C. Law 18-234, in subsec. (a), substituted "the Mayor shall submit to the Council of the District of Columbia," for "the Mayor shall submit to".
Section 4(b) of D.C. Law 18-234 provides that the act shall expire after 225 days of its having taken effect.
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 2 of Quarterly Financial and Budgetary Status Reporting Emergency Act of 2010 (D.C. Act 18-465, July 6, 2010, 57 DCR 6910).
For temporary (90 day) amendment of section, see § 2 of Quarterly Financial and Budgetary Status Reporting Congressional Review Emergency Amendment Act of 2010 (D.C. Act 18-538, October 5, 2010, 57 DCR 9608).
Each year in connection with preparation of the February 1 financial statement and report for the preceding fiscal year required under § 47-310(a)(4), the Chief Financial Officer shall prepare an audit plan which establishes a schedule of tasks that must be completed to meet the February 1 submission deadline. The schedule shall be transmitted to the Council and the Office of the Inspector General in writing annually before August 16. If a task is not completed when scheduled, the Chief Financial Officer shall notify the Council and the Office of the Inspector General and provide a written explanation for the failure to complete the task, within 5 calendar days of the scheduled date.
(Apr. 3, 2001, D.C. Law 13-253, § 2(b), 48 DCR 678.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
Law 13-253, the "Comprehensive Annual Financial Report Scheduling and Notice Requirement Act of 2000", was introduced in Council and assigned Bill No. 13- 581, which was referred to the Committee Finance and Revenue. The Bill was adopted on first and second readings on November 8, 2000, and December 5, 2000, respectively. Signed by the Mayor on December 21, 2000, it was assigned Act No. 13-540 and transmitted to both Houses of Congress for its review. D.C. Law 13-253 became effective on April 3, 2001.
The Mayor shall, within 10 days of receipt of a request of the chairperson of a Council committee (excluding Saturdays, Sundays and legal holidays), estimate the cost of all expenditures to be incurred by the District of Columbia government under permanent legislation to be adopted by the Council. Within 30 days of the effective date of this section, the Mayor shall adopt standards by which to make such determinations and shall submit such standards to the Council for its disapproval in whole or in part within 30 days of receipt.
(Sept. 13, 1980, D.C. Law 3-92, § 703, 27 DCR 3390; enacted, Apr. 9, 1997, D.C. Law 11-254, § 2, 44 DCR 1575.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 47-311.
Legislative History of Laws
Law 3-92, the "District of Columbia Revenue Act of 1980," was introduced in Council and assigned Bill No. 3-285, which was referred to the Committee on Finance and Revenue. The Bill was adopted on first and second readings on June 17, 1980 and July 1, 1980, respectively. Signed by the Mayor on July 9, 1980, it was assigned Act No. 3-214 and transmitted to both Houses of Congress for its review.
Miscellaneous Notes
Mayor's Advisory Committee on Finance and Taxes established: See Mayor's Order 88-59, March 15, 1988.
Finances and Taxes Advisory Committee abolished: The Finances and Taxes Advisory Committee, established by Mayor's Order 92-1, January 6, 1992, was abolished by § 401(o) of D.C. Law 12-86.
For purposes of determining the amount of funds expended by any entity within the District of Columbia government during fiscal year 1998 and each succeeding fiscal year, any expenditures of the District government attributable to any officer or employee of the District government who provides services which are within the authority and jurisdiction of the entity (including any portion of the compensation paid to the officer or employee attributable to the time spent in providing such services) shall be treated as expenditures made from the entity's budget, without regard to whether the officer or employee is assigned to the entity or otherwise treated as an officer or employee of the entity.
(Nov. 19, 1997, 111 Stat. 2181, Pub. L. 105-100, § 150(b).)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 47-313.1.
(Repealed effective October 27, 1995. April 17, 1995, 109 Stat. 97, Pub. L. 104-8, § 302(c).)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., §§ 47-314 to 47-317.
Legislative History of Laws
Law 3-138, the "Financial Management Responsibility Act of 1980," was introduced in Council and assigned Bill No. 3-303 which was referred to the Committee on Government Operation and the Committee on Finance and Revenue. The Bill was adopted on first and second readings on July 29, 1980 and September 16, 1980, respectively. Signed by the Mayor on October 2, 1980, it was assigned Act No. 3-259 and transmitted to both Houses of Congress for its review.
Miscellaneous Notes
Repeal of §§ 47-314 through 47-317: Section 302(c) of Pub. L. 104-8, 109 Stat. 148, April 17, 1995, provided that effective upon the appointment of the Chief Financial Officer of the District of Columbia under § 1-204.24a, D.C. Law 3-138 which enacted §§ 47-314 through 47-317 are repealed. Upon the appointment of a Chief Financial Officer of the District of Columbia pursuant to Mayor's Order 95-124, effective October 27, 1995, §§ 47-314 through 47-317 were repealed.
Deputy Mayor for Office of Financial Management established: See Mayor's Order 83-19, January 3, 1983.
Establishment of Office of District of Columbia Controller: See Mayor's Order 89-243, October 23, 1989.
Establishment of Office of Treasurer: See Mayor's Order 89-244, October 23, 1989.
Establishment of Office of Financial Information Services: See Mayor's Order 89-245, October 23, 1989.
