The Council of the District of Columbia finds:
(1) That there exists a public perception that the District budget approved by the Council, after considerable careful public examination, is the plan which determines the manner in which District funds will be spent;
(2) That the District's new financial management system, which became operative in fiscal year 1980, provides the Council a new level of budget information;
(3) That questions remain in regard to the role of the Council with respect to ongoing oversight and control of the District budget;
(4) That a large portion of the District's annual expenditures are funded by grants from the federal government and private sources. Although these grant funds are a major portion of the District's program process, to a great extent, planning and allocation of these funds are without public participation through the legislative process;
(5) That under the District's new financial management system, the Council will be excluded from approval or review of federal grant funds to District agencies;
(6) That the District does not have a legislative process to address and control all city expenditures from all revenue sources; and
(7) That there is a need to clearly define the continuing role of the Council in the budget process in order to resolve those questions critical to the shaping of public policy and the prudent management of publicly entrusted tax dollars.
(Sept. 16, 1980, D.C. Law 3-104, § 2, 27 DCR 3748; enacted, Apr. 9, 1997, D.C. Law 11-254, § 2, 44 DCR 1575.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 47-381.
Legislative History of Laws
Law 3-104, the "District of Columbia Funds Control Act of 1980," was introduced in Council and assigned Bill No. 3-169, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on June 17, 1980 and July 1, 1980, respectively. Disapproved by the Mayor on July 22, 1980, but re-enacted on July 29, 1980, it was assigned Act No. 3-229 and transmitted to both Houses of Congress for its review.
For the purposes of this subchapter, the term:
(1) "Agency" means the highest organizational structure of the District at which budgeting data is aggregated, but shall not include the District of Columbia Courts.
(2) "Control budget" means the mechanism for the implementation and execution of the District obligational and revenue activities for any given fiscal year.
(3) "Control center" means 1 or more responsibility centers aggregated for financial controls purposes.
(4) "Council" means the Council of the District of Columbia.
(5) "Days" means calendar days.
(6) "District" means the District of Columbia government.
(7) "Formula grant" means any grant which allocates federal funds to the District in accordance with distribution formulas prescribed by law for activities of a continuing nature not confined to a specific project.
(8) "Grant" or "grant funds" means all grants-in-aid, block grants, reimbursements, including reimbursement for indirect costs, or other similar programs, the funds, or budgetary authority for which are provided by the federal government, other than through appropriation of revenue funds or any fund required by act of Congress to be treated as a local revenue. The term "grant funds" also includes any private funds voluntarily donated to the District and accepted by it for a specific purpose not connected with the payment of a tax, fee, charge, or other similar legal obligation.
(9) "Grant-making agency" means the federal government or private source of grant funds.
(10) "Gross planning budget" means the planning budget of the District including all anticipated revenue irrespective of source, and all planned expenditures presented at the responsibility center level of detail.
(11) "Non-appropriated budget authority" means the authority of the District to incur obligations and make payments for specified purposes against funds which are not subject to approval by the Congress in the annual appropriations act for the District.
(12) "Responsibility center" means the primary level at which a budget is established for financial control purposes.
(13) "Revenue funds" means all funds derived from taxes, fees, charges, miscellaneous receipts, annual federal payments to the District authorized by law, funds derived from the sale of bonds which are general obligations of the District, general revenue sharing funds, or any other funds which are not grant funds as defined by this subchapter.
(14) "State plan" means any plan or revision thereto other than an application to be filed with and approved by a grantor as a condition of receiving grant funds.
(Sept. 16, 1980, D.C. Law 3-104, § 3, 27 DCR 3748; enacted, Apr. 9, 1997, D.C. Law 11-254, § 2, 44 DCR 1575; Aug. 5, 1997, 111 Stat. 754, Pub. L. 105-33, § 11245(c)(1).)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 47-382.
Legislative History of Laws
For legislative history of D.C. Law 3-104, see Historical and Statutory Notes following § 47-381.
(a) All grant applications shall be prepared in the name of the government of the District of Columbia. Any agency, other than those referred to in subsection (b) of this section, which desires to receive grant funds or submit a state plan shall request approval by the Mayor subject to regulations issued by the Mayor in accordance with the provisions of § 2-505.
(b) The Trustees of the University of the District of Columbia, the Board of Education, and the D.C. General Hospital Commission shall submit to the Mayor two copies of the application and completed approval form, as an advisory notice, concurrent with submitting the application and completed approval form to a grant-making agency in accordance with rules and regulations issued pursuant to subsection (c) of this section.
(c) Those agencies identified in subsection (b) of this section shall, within 180 days of September 16, 1980, develop rules and regulations for grant applications review and approval consistent with the responsibilities of the governing bodies of those agencies, and such rules and regulations shall be issued in accordance with the provisions of § 2-505.
(Sept. 16, 1980, D.C. Law 3-104, § 4, 27 DCR 3748; enacted, Apr. 9, 1997, D.C. Law 11-254, § 2, 44 DCR 1575; Aug. 5, 1997, 111 Stat. 754, Pub. L. 105-33, § 11245(c)(2).)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 47-383.
Legislative History of Laws
For legislative history of D.C. Law 3-104, see Historical and Statutory Notes following § 47-381.
Delegation of Authority
Delegation of Authority to the City Administrator to Issue and Enforce Policies and Procedures for Grants and Subgrants, see Mayor's Order 2010-168, October 15, 2010 (57 DCR 10008).
(a) The Mayor shall monthly give notice to the Council of every proposed application for grant funds or state plan approved by the Mayor. In giving notice to the Council, the Mayor shall provide a summary of a grant application's major provisions including, but not limited to:
(1) The grant-making agency to whom the application is made;
(2) The period of the proposed grant;
(3) Whether the proposed grant is new or a request for a renewal or revision of an existing grant;
(4) A statement summarizing the purpose of the grant, and indicating its relationship to any proposed or adopted state plan, if appropriate;
(5) A statement as to whether or not the function for which the grant is sought is already being performed by the District or within the private sector and, if so, how the grant will affect service delivery;
(6) The amount to be received by fiscal year;
(7) The amount of District appropriated funds, by fiscal year, to be used as a match, or the dollar equivalent and type of in-kind services to be used as a match by fiscal year and the impact on the agency budget providing the match;
(8) A statement indicating the agency which shall administer the grant and any subgrantees including other District agencies, private organizations, or individuals;
(9) A planning budget at the control center level for the grant, and the match, if any, including the number of employees by program structures, grade, position, and title who may be employed as a result of the grant;
(10) A statement setting forth the quantitative and qualitative measures to be employed, if any, to judge the effectiveness and efficiency of the program in meeting its stated goals;
(11) A statement describing the public participation, if any, in the formulation of the grant request;
(12) A statement indicating whether or not an audit is to be made during the life of the grant or at its expiration, and if so, by whom and the scope of the audit to be performed;
(13) A statement as to whether or not an environmental impact statement is required or planned;
(14) A statement as to how the objectives of the grant will be performed or funded, if at all, when the grant expires, and any proposed commitment to continue meeting the objectives at the end of the grant period with District appropriated funds or other grant funds, including an estimate of the annual cost of that commitment; and
(15) A statement of the amount of indirect cost charged to the grant, and where appropriate, a statement of grant-making agency policy or legislation for indirect costs recoveries which are different from negotiated agreements; and the proposed allocation of indirect costs recovered on the grant.
(b) The Mayor shall monthly provide public notice of grant applications in the D.C. Register in accordance with the provisions of the District of Columbia Administrative Procedure Act (§ 2-505); and such public notice shall also be provided by the presiding officer of the governing bodies of those agencies identified in § 47-383(b); and such notice shall include, but not be limited to, a summary of the information required pursuant to subsection (a) of this section.
(Sept. 16, 1980, D.C. Law 3-104, § 5, 27 DCR 3748; enacted, Apr. 9, 1997, D.C. Law 11-254, § 2, 44 DCR 1575.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 47-384.
Legislative History of Laws
For legislative history of D.C. Law 3-104, see Historical and Statutory Notes following § 47-381.
(a) Applications and state plans requiring Council consent. -- In addition to the notice required by § 47-384, the terms and conditions of each grant application or state plan which provides for or requests any of the following shall be approved by consent of the Council prior to submission to the federal grant-making agency:
(1) Any formula grant of more than $5,000,000;
(2) Any grant or state plan requiring the obligation of more than $100,000 in matching funds or in-kind contributions in any fiscal year; or
(3) Any other grant funded program which, in the Mayor's reasonable expectation, will require future annual funding of $100,000 or more out of District revenue funds after the termination of the proposed grant.
(b) Submission to and consent by Council. --
(1) The Mayor, 5 days before approving any grant application or state plan meeting any of the criterion of subsection (a) of this section, shall submit a copy of such application or state plan to the Chairman of the Council, along with such information as required by § 47-384(a) and including copies of any state plans which are required as a condition of a grant.
(2) The Chairman of the Council shall circulate such application or state plan to the members of the Council with a notice labeling it as requiring Council consent for submission to a grant-making agency.
(3) The Mayor shall cause to be published in the D.C. Register public notice of such submission. The notice shall include a statement that Council consent is required pursuant to this section.
(4) The Council shall consider such application or state plan according to its rules. Should no written notice of disapproval of such application or state plan be filed by any member of the Council within 14 days of the receipt of such application from the Mayor, the consent of the Council to the application shall be deemed to be given. 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 application from the Mayor, or Council consent to the application shall be deemed to be given; provided, that nothing in this paragraph shall be construed to waive any requirement for affirmative Council approval by the grant-making agency.
(5) No applications or state plans may be submitted to the Chairman of 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.
(c) Reconsideration by Council. -- If the Council withholds its consent to a grant application, the Mayor may, on a clear showing of changed circumstances, new information, or additional administrative hardship, ask for a reconsideration of the previous action of the Council. The Council may at its discretion reconsider its previous action.
(d) Exemptions. -- The grants submitted by agencies identified in § 47- 383(b) are exempt from the provisions of this section.
(Sept. 16, 1980, D.C. Law 3-104, § 6, 27 DCR 3748; enacted, Apr. 9, 1997, D.C. Law 11-254, § 2, 44 DCR 1575.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 47-385.
Legislative History of Laws
For legislative history of D.C. Law 3-104, see Historical and Statutory Notes following § 47-381.
