Prior Codifications

1981 Ed., § 47-101.

1973 Ed., § 47-101.

Effect of Amendments

Pub. L. 108-386, in the first sentence, substituted "(a) In general -- Except as provided in subsection (b), the fiscal year" for "The fiscal year"; deleted the third sentence which had read "Such fiscal year shall also constitute the budget and accounting year."; and added subsec. (b).

Pub. L. 109-356, in subsec. (b)(2), substituted "may begin" for "shall begin".

Effective Dates

Section 9 of Pub. L. 108-386, 118 Stat. 2228, the 2004 District of Columbia Omnibus Authorization Act, provides that: "The amendments made by this section shall take effect on the date of the enactment of this Act [Oct. 30, 2004]."

Miscellaneous Notes

Temporary Commission on Financial Oversight of the District of Columbia: Sections 1 to 3 and 5 to 7 of the Act of September 4, 1976, 90 Stat. 1205, Pub. L. 94-399, as amended by the Act of September 26, 1978, 92 Stat. 750, Pub. L. 95-386 and the Act of June 21, 1979, 93 Stat. 75, Pub. L. 96-27, provided for the establishment of the Temporary Commission on Finance Oversight of the District of Columbia for the purpose of improving the financial planning, reporting, and control systems of the District government. 31 U.S.C. § 715 sets up audit of accounts in D.C. on a permanent basis as of 1982 in § 1- 207.36.

Enactment upon adoption of federal legislation: Section 4 of D.C. Law 11-254 provided that "§§ 47-101, 47-117, 47-130, 47-301, 47-302, 47-303, 47-304, 47- 304.1, 47-305, 47-310, 47-312, 47-317.1 through 47-317.6, 47-321 through 47- 325, 47-327 through 47-331, and 47-332 through 47-334 of Title 47 [§§ 1- 204.41, 1-204.55, 1-204.50, 1-204.42, 1-204.43, 1-204.44, 1- 204.46, 1-204.53, 1-204.47, 1-204.48, 1-204.49, 1-204.24a through 1-204.24e, 47-317.06, 1-204.61 through 1-204.65, 1- 204.71 through 1-204.75, 1-204.81, 1-204.85, 1-204.86 and 1- 204.90, 2001 Ed.] of the District of Columbia Code shall be enacted as part of Title 47 upon the adoption by Congress of legislation so enacting these sections."

Definitions applicable: The definitions in § 1-201.03 apply to this section.

Prior Codifications

1981 Ed., § 47-301.

1973 Ed., § 47-221.

Temporary Addition of Section

Sections 2 and 3 of D.C. Law 18-157 added sections to read as follows:

"Sec. 2. The Mayor shall submit a budget gap-closing plan for the District government for the current fiscal year to the Council not later than February 10, 2010. The Mayor shall make the plan available to the public.

"Sec. 3. The Mayor shall submit to the Council by the 10th of each month a report, which is certified by the Office of the Chief Financial Officer, on the progress for controlling overspending in fiscal year 2010.   The Mayor shall make the reports available to the public."

Section 5(b) of D.C. Law 18-157 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 § 3102 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 § 3102 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) provisions on limits on local spending increases, see § 4002 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) submission of the budget with local spending increase limitations, see § 1202 of the Fiscal Year 2004 Budget Support Emergency Act of 2003 (D.C. Act 15-105, June 20, 2003, 50 DCR 5613).

For temporary (90 day) submission of the budget with local spending increase limitations, see § 1202 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) Department of Employment Services budget and FTE authority provisions, see § 1092 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) Department of Employment Services budget and FTE authority provisions, see § 1092 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 §§ 2, 3 of Fiscal Year 2010 Balanced Budget and Spending Pressure Control Plan Emergency Act of 2009 (D.C. Act 18-322, March 2, 2010, 57 DCR 1847).

Legislative History of Laws

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.

Miscellaneous Notes

Deadline for submission of revised revenue estimate: Section 124 of Pub. L. 102-382, 106 Stat. 1433, the District of Columbia Appropriations Act, 1993, provided that no later than 30 days after the end of the first quarter of the fiscal year ending September 30, 1993, the Mayor of the District of Columbia shall submit to the Council of the District of Columbia the new fiscal year 1993 revenue estimates as of the end of the first quarter of fiscal year 1993. These estimates shall be used in the budget request for the fiscal year ending September 30, 1994. The officially revised estimates at midyear shall be used for the midyear report.

Submission date for budget request for fiscal year 1992: Pursuant to Resolution 8-312, the "Submission Date for the Fiscal Year 1992 Budget Approval Resolution of 1990," effective December 21, 1990, the Council established the date by which the Mayor shall submit to the Council the proposed budget for the government of the District of Columbia for the fiscal year ending September 30, 1992, and identified information and documentation to be submitted to the Council with the proposed budget for the government of the District of Columbia for the fiscal year ending September 30, 1992.

Submission Date for the Fiscal Year 1993 Budget Approval Resolution of 1991: Pursuant to Resolution 9-151, effective December 27, 1991, the Council established the date by which the Mayor shall submit to the Council the proposed budget for the government of the District of Columbia for the fiscal year ending September 30, 1993, and to identify information and documentation to be submitted to the Council with the proposed budget for the government of the District of Columbia for the fiscal year ending September 30, 1993.

Amendment of Mayor's Order 83-19 January 3, 1983, Establishment of Office of Financial Management: See Mayor's Order 88-13, January 22, 1988.

Agency Budget and Resource Utilization Advisory Committees established: See Mayor's Order 88-239, October 26, 1988.

Establishment of Mayor's Advisory Committee on Resources and Budget: See Mayor's Order 89-207, September 12, 1989.

Establishment of District of Columbia Commission on Budget and Financial Priorities: See Mayor's Order 89-224, October 5, 1989.

Amendment of Mayor's Order 89-224: Establishment--D.C. Commission on Budget and Financial Priorities: See Mayor's Order 90-198, December 13, 1990.

Enactment upon adoption of federal legislation: Section 4 of D.C. Law 11-254 provided that "§§ 47-101, 47-117, 47-130, 47-301, 47-302, 47-303, 47-304, 47- 304.1, 47-305, 47-310, 47-312, 47-317.1 through 47-317.6, 47-321 through 47- 325, 47-327 through 47-331, and 47-332 through 47-334 of Title 47 [§§ 1- 204.41, 1-204.55, 1-204.50, 1-204.42, 1-204.43, 1-204.44, 1- 204.46, 1-204.53, 1-204.47, 1-204.48, 1-204.49, 1-204.24a through 1-204.24e, 47-317.06, 1-204.61 through 1-204.65, 1- 204.71 through 1-204.75, 1-204.81, 1-204.85, 1-204.86 and 1- 204.90, 2001 Ed.] of the District of Columbia Code shall be enacted as part of Title 47 upon the adoption by Congress of legislation so enacting these sections."

Submission Date for the Fiscal Year 1995 Budget Approval Resolution of 1993: Pursuant to Resolution 10-206, effective December 24, 1993, the Council established the date by which the Mayor shall submit to the Council the proposed budget for the government of the District of Columbia for the fiscal year ending September 30, 1995, and to identify information and documentation to be submitted to the Council with the proposed budget for the government of the District of Columbia for the fiscal year ending September 30, 1995.

Fiscal Year 1996 Budget Submission Date Extension Emergency Resolution of 1995: Pursuant to Resolution 11-16, effective February 7, 1995, the Council extended, on an emergency basis, the date of submission by the Mayor of the Fiscal Year 1996 budget to the Council.

Section 3102 of D.C. Law 13-172, amended Section 2102 of the Service Improvement and Fiscal Year 2000 Budget Support Act of 1999 to provide:

"In submitting fiscal year budgets to the Council for fiscal years beginning with fiscal year 2001, there should be a guide for calculating the increase in annual expenditures of local funds. This guide should be an increase of no more than 3% over the prior fiscal year's expenditures of local funds."

Definitions applicable: The definitions in § 1-202 apply to this subchapter.

Short title of title XLI of Law 14-190: Section 4101 of D.C. Law 14-190 provided that title XLI of the act may be cited as the Fiscal Year 2004 Budget Submission Amendment Act of 2002.

Section 4102 of D.C. Law 14-190 provides:

"Sec. 4102. Limit on increase in spending.

"For fiscal year 2004 the Mayor shall not submit a budget to the Council that increases spending by more than 4% of the fiscal year 2003 budget approved by the Council."

Section 1202 of D.C. Law 15-39 provides:

"(a) For fiscal year 2005, the Mayor shall submit a budget to the Council that increases local funds spending by no more than 3.5% of the fiscal year 2004 budget approved by the Council. Any spending transferred from local funds in fiscal year 2004 to non-local funds in Fiscal year 2005 shall be included in any calculation to determine whether the proposed spending for fiscal year 2005 is more than 3.5% greater than local spending in fiscal year 2004.

"(b) By July 1, 2003, the Chief Financial Officer and the Mayor shall identify by contract or subagency, the areas where contract savings identified by the Fiscal Year 2004 Budget Request Act, passed on May 6, 2003 (Enrolled version of Bill 15-214) shall occur and submit the information to Council.

"(c) The budget submission pursuant to subsection (a) of this section shall provide that not less than   1/2 of the personnel costs for Public Safety Communications Center services in fiscal year 2004 shall instead be paid by local funds in fiscal year 2005."

Short title of subtitle I of title I of Law 15-205: Section 1091 of D.C. Law 15-205 provided that subtitle I of title I of the act may be cited as the Department of Employment Services Budget and FTE Authority Act of 2004.

Section 1092 of D.C. Law 15-205 provides:

"For fiscal year 2005, the Department of Employment Services ('DOES') shall have:

"(1) No more than 513 full time equivalent ('FTE') employees; and

"(2) A total budget of $88,846,102, to be allocated as follows:

"(A)(i) Personal services budget not to exceed $32,314,000;

"(ii) Nonpersonal services budget not to exceed $56,532,000, including not less than $29,965,000 for Subsidies and Transfers;

"(B) From the funds identified herein, no less than $764,000 shall be made available for the Office of Apprenticeship and Information Training; and

"(C) From the funds identified herein, no more than $686,000 shall be made available for security costs.

"(b) The budget allocations set forth in paragraph (2)(A) of subsection (a) shall apply to budgeted funds only and exclude any additional grant funds or special purpose funds not included in the fiscal year 2005 budget. The allocations are subject to the following adjustments if there are grant fund or special purpose fund budget modifications approved by the Council: 36% of any budget modifications shall be allocated to personal services and 64% shall be allocated to nonpersonal services."

Prior Codifications

1981 Ed., § 47-302.

1973 Ed., § 47-222.

Emergency Act Amendments

For temporary (90-day) authorization of multiyear budget plan, see §§ 4402 through 4408 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 §§ 4402 to 4408 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) authorization of multiyear budget plan, see §§ 4002 to 4007 of Fiscal Year 2002 Budget Support Emergency Act of 2001 (D.C. Act 14-124, August 3, 2001, 48 DCR 7861).

Miscellaneous Notes

Deadline for submission of revised revenue estimate: Section 124 of Pub. L. 102-382, 106 Stat. 1433, the District of Columbia Appropriations Act, 1993, provided that no later than 30 days after the end of the first quarter of the fiscal year ending September 30, 1993, the Mayor of the District of Columbia shall submit to the Council of the District of Columbia the new fiscal year 1993 revenue estimates as of the end of the first quarter of fiscal year 1993. These estimates shall be used in the budget request for the fiscal year ending September 30, 1994. The officially revised estimates at midyear shall be used for the midyear report.

Submission date for budget request for fiscal year 1992: Pursuant to Resolution 8-312, the "Submission Date for the Fiscal Year 1992 Budget Approval Resolution of 1990," effective December 21, 1990, the Council established the date by which the Mayor shall submit to the Council the proposed budget for the government of the District of Columbia for the fiscal year ending September 30, 1992, and identified information and documentation to be submitted to the Council with the proposed budget for the government of the District of Columbia for the fiscal year ending September 30, 1992.

Establishment of Mayor's Advisory Committee on Resources and Budget: See Mayor's Order 89-207, September 12, 1989.

Establishment of District of Columbia Commission on Budget and Financial Priorities: See Mayor's Order 89-224, October 5, 1989.

Amendment of Mayor's Order 89-224: Establishment--D.C. Commission on Budget and Financial Priorities: See Mayor's Order 90-198, December 13, 1990.

Enactment upon adoption of federal legislation: Section 4 of D.C. Law 11-254 provided that "§§ 47-101, 47-117, 47-130, 47-301, 47-302, 47-303, 47-304, 47- 304.1, 47-305, 47-310, 47-312, 47-317.1 through 47-317.6, 47-321 through 47- 325, 47-327 through 47-331, and 47-332 through 47-334 of Title 47 [§§ 1- 204.41, 1-204.55, 1-204.50, 1-204.42, 1-204.43, 1-204.44, 1- 204.46, 1-204.53, 1-204.47, 1-204.48, 1-204.49, 1-204.24a through 1-204.24e, 47-317.06, 1-204.61 through 1-204.65, 1- 204.71 through 1-204.75, 1-204.81, 1-204.85, 1-204.86 and 1- 204.90, 2001 Ed.] of the District of Columbia Code shall be enacted as part of Title 47 upon the adoption by Congress of legislation so enacting these sections."

Multiyear budget plans: Sections 4402 to 4407 of D.C. Law 14-28 provides:

"Sec. 4402. No later than September 30, 2001, the following agencies and agencies responsible for the following programs, shall submit to the Council of the District of Columbia and to the Chief Financial Officer a multiyear financial plan as required by this title:

"(1) Risk Management programs administered by the Mayor;

"(2) Department of Mental Health; and

"(3) Settlements and Judgments Fund administered by the Corporation Counsel.

"Sec. 4403. The multiyear financial plan required by this title shall detail the projected cost of services for that agency or program for fiscal years 2002 through 2005, and shall be based on a performance plan for the same fiscal years. The multiyear financial plan shall specify reasonable assumptions for inflation, personal service levels, and wage increases, and identify all budgetary assumptions being used. The multiyear financial plan shall calculate and specify the cost per fiscal year to achieve the objectives and goals set forth in the performance plan.

"Sec. 4404. (a) For the purposes of this title, 'performance plan' is a detailed statement that includes:

"(1) A mission statement--a broad statement of central purpose;

"(2) Objectives--less broad statements of desired outcomes resulting from accomplishing the mission; and

"(3) Goals--target levels of performance expressed in tangible, measurable terms, against which actual achievement of objectives can be compared; a goal may be expressed as a population target, or as a quantitative standard, value, or rate.

"(b) The performance plan shall describe the strategy for how the mission (including its objectives and goals) will be accomplished. This description of strategy shall include all of the functions, activities, operations, and projects required for effective implementation of the performance plan. There shall be one or more measures of performance, that address both quantity and quality, for each goal. The performance plan shall state measurable or objective performance goals and objectives for all significant activities of the agency or program. The plan shall identify (describe and quantify) the classes of persons to be served and how (qualitatively and quantitatively) those classes will change as a result of the mission, objectives, and goals.

"(c) The performance plan shall also provide national norms, industry standards, typical benchmarks, performance measures from other cities, or other relevant comparative data.

"(d) An agency which prepared a performance plan pursuant to Title XLIV of the Fiscal Year 2001 Budget Support Act of 2000, effective October 19, 2000 (D.C. Law 13-172; 47 DCR 6308), in the previous fiscal year shall also provide an analysis of the agency's performance vis-a-vis its performance plan.

"Sec. 4405. The multiyear financial plan shall include all funds, including local and federal funds.

"Sec. 4406. For each of the agencies specified in section 4402, the performance plan shall detail how the agency or program will provide improved service delivery that:

"(1) Fulfills its mission (including objectives and goals);

"(2) Reduces expenditures, especially from local funds; and

"(3) Creates operational efficiencies to accomplish this.

"Sec. 4407. The Chief Financial Officer shall have the authority to require greater specificity in the multiyear plan prior to submission, and to work with agencies to improve their submission."

Prior Codifications

1981 Ed., § 47-303.

1973 Ed., § 47-223.

Miscellaneous Notes

Annual plan for capital outlay borrowing from United States Treasury: Section 118 of Pub. L. 101-168, the District of Columbia Appropriations Act, 1990, provided that at the start of the fiscal year, the Mayor shall develop an annual plan, by quarter and by project, for capital outlay borrowings and provided, that within a reasonable time after the close of each quarter, the Mayor shall report to the Council of the District of Columbia and the Congress the actual borrowing and spending progress compared with projections.

Approval by Council required prior to capital borrowing: Section 119 of Pub. L. 101-168, the District of Columbia Appropriations Act, 1990, provided that the Mayor shall not borrow any funds for capital projects unless he has obtained prior approval from the Council of the District of Columbia, by resolution, identifying the projects and amounts to be financed with such borrowings.

General obligation bonds authorized: D.C. Law 5-115, effective September 26, 1984, authorized the issuance of general obligation bonds of the District of Columbia for the purpose of financing certain capital projects and refunding certain capital indebtedness of the District of Columbia.

D.C. Law 6-60, effective November 19, 1985, authorized the issuance of general obligation bonds of the District of Columbia for the purpose of financing certain capital projects and refunding certain capital indebtedness of the District of Columbia.

Capital projects funds borrowing authority resolution: Pursuant to Resolution 5-719, the "Capital Projects Funds Borrowing Authorization Resolution of 1984," effective June 12, 1984, the Council approved the request of the Mayor for authority to borrow funds for capital projects.

Issuance of general obligation bonds authorized: Pursuant to Resolution 6-714, the "General Obligation Bonds Issuance Authorization Resolution of 1986," effective June 17, 1986, the Council authorized the issuance of general obligation bonds for capital projects.

Pursuant to Resolution 7-96, the "General Obligation Bonds Issuance Authorization Resolution of 1987," effective July 14, 1987, the Council authorized the issuance of general obligation bonds for capital projects.

Pursuant to Resolution 8-33, the "General Obligation Bond Issuance Approval Resolution of 1989", effective April 18, 1989, the Council approved the borrowing of funds by the Mayor through the issuance and sale of general obligation bonds.

Pursuant to Resolution 8-246, the "General Obligation Bond Issuance 1990B Authorization Resolution of 1990," effective July 27, 1990, the Council approved the borrowing of funds by the Mayor through the issuance and sale of general obligation bonds.

Submission date for budget request for fiscal year 1992: Pursuant to Resolution 8-312, the "Submission Date for the Fiscal Year 1992 Budget Approval Resolution of 1990," effective December 21, 1990, the Council established the date by which the Mayor shall submit to the Council the proposed budget for the government of the District of Columbia for the fiscal year ending September 30, 1992, and identified information and documentation to be submitted to the Council with the proposed budget for the government of the District of Columbia for the fiscal year ending September 30, 1992.

General Obligation Bond Issuance 1991A Authorization Resolution of 1991: Pursuant to Resolution 9-39, effective May 24, 1991, the Council approved the borrowing of funds by the Mayor through the issuance and sale of general obligation bonds.

General Obligation Bond Issuance Approval Resolution of 1993: Pursuant to Resolution 10-49, effective June 11, 1993, the Council conditionally approved the borrowing of funds by the Mayor through the issuance and sale of general obligation bonds.

General Obligation Bond Issuance Conditional Approval Resolution of 1994: Pursuant to Resolution 10-392, effective June 21, 1994, the Council conditionally approved the borrowing of funds by the Mayor through the issuance and sale of general obligation bonds.

General Obligation Bond 1996 Issuance Authorization Emergency Resolution of 1996: Pursuant to Resolution 11-545, effective October 1, 1996, the Council approved, on an emergency basis, authorization for the borrowing of funds by the Mayor through the issuance and sale of general obligation bonds.

Capital Program Coordinating Office established: See Mayor's Order 84-87, May 16, 1984.

Enactment upon adoption of federal legislation: Section 4 of D.C. Law 11-254 provided that "§§ 47-101, 47-117, 47-130, 47-301, 47-302, 47-303, 47-304, 47- 304.1, 47-305, 47-310, 47-312, 47-317.1 through 47-317.6, 47-321 through 47- 325, 47-327 through 47-331, and 47-332 through 47-334 of Title 47 [§§ 1- 204.41, 1-204.55, 1-204.50, 1-204.42, 1-204.43, 1-204.44, 1- 204.46, 1-204.53, 1-204.47, 1-204.48, 1-204.49, 1-204.24a through 1-204.24e, 47-317.06, 1-204.61 through 1-204.65, 1- 204.71 through 1-204.75, 1-204.81, 1-204.85, 1-204.86 and 1- 204.90, 2001 Ed.] of the District of Columbia Code shall be enacted as part of Title 47 upon the adoption by Congress of legislation so enacting these sections."

Prior Codifications

1981 Ed., Title 11, appx., § 445.

1973 Ed., Title 11, appx.

Prior Codifications

1981 Ed., § 43-1691.

Effective Dates

Section 11714(c) of Pub. L. 105-33 provided that the amendments made by this section shall apply with respect to fiscal years beginning on or after October 1, 1996.

Section 11717(b) of Title XI of Pub. L. 105-33, 111 Stat. 786 provided that any reference in law or regulation to the "District of Columbia Self-Government and Governmental Reorganization Act" shall be deemed to be a reference to the "District of Columbia Home Rule Act," which is set out in Volume 1.

Prior Codifications

1981 Ed., § 47-304.

1973 Ed., § 47-224.

Effect of Amendments

Section 160(a)(2) of Public Law 106-522 inserted a reference to subsec. (i) (3) in § 1-204.90.

Pub. L. 108-386, substituted "56" for "50".

Pub. L. 109-356 made a technical correction to Pub. L. 108-386 by substituting "The Council, within 56 calendar days after receipt of the budget proposal from the Mayor," for "The Council, within 50 calendar days after receipt of the budget proposal from the Mayor," in the first sentence; and, in the second sentence, inserted references to §§ 1-204.46a and 1-204.46b.

Emergency Act Amendments

For temporary provisions for the auction of excess police vehicles purchased for the Metropolitan Police Department, see § 1102 of the Fiscal Year 1999 Budget Support Emergency Act of 1998 (D.C. Act 12-401, July 13, 1998, 45 DCR 4794), § 1102 of the Fiscal Year 1999 Budget Support Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-564, January 12, 1999, 46 DCR 669), and § 1102 of the Fiscal year 1999 Budget Support Congressional Review Emergency Act of 1999 (D.C. Act 13-41, March 31, 1999, 46 DCR 3446).

For temporary (90-day) authorization of reserve rollover appropriations, see § 4702 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 § 4702 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 Pay-As-You-Go spending criteria see § 3202 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) repeal of section, see § 802 of Fiscal Year 2003 Budget Support Amendment Emergency Act of 2002 (D.C. Act 14-544, December 4, 2002, 49 DCR 11700).

For temporary (90 day) amendment of section, see § 802 of the Fiscal Year 2003 Budget Support Amendment Congressional Review Emergency Act of 2003 (D.C. Act 15-27, February 24, 2003, 50 DCR 2151).

For temporary (90 day) amendment of section, see § 802 of Fiscal Year 2003 Budget Support Amendment Second Congressional Review Emergency Act of 2003 (D.C. Act 15-103, June 20, 2003, 50 DCR 5499).

For temporary (90 day) amendment of section, see §§ 2102, 2402, 2702, 2802, and 3002 of Fiscal Year 2004 Budget Support Amendment Emergency Act of 2003 (D.C. Act 15-105, June 20, 2003, 50 DCR 5613).

For temporary (90 day) Fiscal 2004 Metropolitan Police Department budget, see § 2102 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) criteria for the Pay-As-You-Go Capital funding for Fiscal Year 2004, see § 2402 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) Department of Employment Services budget, see § 2702 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) government contract savings during Fiscal Year 2004, see § 2802 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) criteria for spending Pay-As-You-Go funding in fiscal year 2005, see §§ 1002, 1003 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) criteria for spending Pay-As-You-Go funding in fiscal year 2005, see §§ 1002, 1003 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) criteria for spending Pay-As-You-Go funding in fiscal year 2006, see § 1011 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 14-307, the "Fiscal Year 2003 Budget Support Amendment Act of 2002", was introduced in Council and assigned Bill No. 14-892, which was referred to the Committee on the Whole. The Bill was adopted on first and second readings on October 1, 2002, and November 7, 2002, respectively. Signed by the Mayor on December 4, 2002, it was assigned Act No. 14-543 and transmitted to both Houses of Congress for its review. D.C. Law 14-307 became effective on June 5, 2003.

For Law 15-39, see notes following § 1-204.42.

For Law 15-205, see notes following § 1-204.42.

Effective Dates

Section 9 of Pub. L. 108-386, 118 Stat. 2228, the 2004 District of Columbia Omnibus Authorization Act, provides that: "The amendments made by this section shall take effect on the date of the enactment of this Act."

Section 121(b) of Pub. L. 109-356 provides that the amendment made by subsection (a) shall take effect as if included in the enactment of the 2004 District of Columbia Omnibus Authorization Act [Pub. L. 108-386].

Miscellaneous Notes

Auction of Excess Police Vehicles Act of 1998: Pursuant to § 1502 of D.C. Law 12-175, for Fiscal Years 1998 and 1999 only, police vehicles purchased for the Metropolitan Police Department which have been declared excess, either through age or mechanical faults, shall be auctioned or otherwise disposed of by the Department, with revenue generated being used expressly for the purchase of replacement vehicles, including motorcycles.

 

Section 1504 of D.C. Law 12-175 provided that § 1502 shall apply as of October 1, 1998.

 

Section 4702 of D.C. Law 13-172 provides:

 

"Of the freed-up appropriated funds in FY 2001 from the reserve rollover as set forth in the FY 2001 Budget Request Act:

 

"(1) The first $32,000,000 shall be used to provide, in the following order, $6,300,000 to the La Shawn Receivership, $13,000,000 to the Commission on Mental Health, $12,079,000 to the District of Columbia Public Schools, and $621,000 to the Office of the Mayor, if the Chief Financial Officer certifies that the first $32,000,000 is not required to replace funds expended in Fiscal Year 2000 from the Reserve established by section 202(i) of the District of Columbia Financial Responsibility and Management Assistance Act of 1995, Pub. Law 104-8;

 

"(2) The next $37,000,000 shall be used to provide $37,000,000 to Management Savings to the extent, if any, the Chief Financial Officer determines the Management Savings is not achieving the required savings, and the balance, if any, shall be provided in the following order: $10,000,000 to the Children Investment Trust, $1,511,000 to the Department of Parks and Recreation, $1,293,000 to the Department of Fire and Emergency Medical Services, $120,000 to the Commission on Arts and the Humanities, $400,000 to the District of Columbia Library, $574,000 the Office on Aging, $3,296,000 to the Department of Housing and Community Development, $200,000 to the Department of Employment Services, $2,500,000 to the University of the District of Columbia, $1,500,000 to Public Works, $1,000,000 to Department of Motor Vehicles, $4,245,000 to the Department of Health, $1,500,000 to the Commission on Latino Affairs, $1,550,000 to the Taxicab Commission, $2,500,000 to the Office of Property Management, and $5,000,000 for the savings associated with the implementation of the Cafeteria Plan, if the Chief Financial Officer certifies that the $37,000,000 is not required to replace funds expended in Fiscal Year 2000 from the Reserve established by section 202(i) of the District of Columbia Financial Responsibility and Management Assistance Act of 1995, Pub. Law 104-8, in Fiscal Year 2000, and that all the savings are being achieved from the Management Savings;

 

"(3) The next $10,000,000 shall be used to provide $10,000,000 to Operational Improvement to the extent, if any, the Chief Financial Officer determines the Operational Improvement is not achieving the required savings, and the balance, if any, shall be provided in the following order: $100,000 to the Civilian Complaint Review Board, $200,000 to the Metropolitan Police Department for the Emergency Response Team, $1,042,000 to be used for Training, $4,890,000 to the Settlement and Judgments Funds, and $3,140,000 to the District of Columbia Financial Responsibility and Management Assistance Authority, if the Chief Financial Officer certifies that the $10,000,000 is not required to replace funds expended in Fiscal Year 2000 from the Reserve established by section 202(i) of the District of Columbia Financial Responsibility and Management Assistance Act of 1995, Pub. Law 104-8, in Fiscal Year 2000 and that all the savings are being achieved from the Operational Improvement Savings; and

 

"(4) The balance shall be used for Pay-As-You-Go Capital Funds in lieu of capital financing if the Chief Financial Officer certifies that the balance is not required to replace funds expended in Fiscal Year 2000 from the Reserve established by section 202(i) of the District of Columbia Financial Responsibility and Management Assistance Act of 1995, Pub. Law 104-8."

 

Pub. L. 112-74, Div. C, Title IV, the District of Columbia Appropriations Act, 2012, 125 Stat. 902, December 23, 2011, provides as follows:

 

TITLE IV

 

DISTRICT OF COLUMBIA

 

Federal Funds

 

FEDERAL PAYMENT FOR RESIDENT TUITION SUPPORT

 

For a Federal payment to the District of Columbia, to be deposited into a dedicated account, for a nationwide program to be administered by the Mayor, for District of Columbia resident tuition support, $30,000,000, to remain available until expended: Provided, That such funds, including any interest accrued thereon, may be used on behalf of eligible District of Columbia residents to pay an amount based upon the difference between in-State and out-of-State tuition at public institutions of higher education, or to pay up to $2,500 each year at eligible private institutions of higher education: Provided further, That the awarding of such funds may be prioritized on the basis of a resident's academic merit, the income and need of eligible students and such other factors as may be authorized: Provided further, That the District of Columbia government shall maintain a dedicated account for the Resident Tuition Support Program that shall consist of the Federal funds appropriated to the Program in this Act and any subsequent appropriations, any unobligated balances from prior fiscal years, and any interest earned in this or any fiscal year: Provided further, That the account shall be under the control of the District of Columbia Chief Financial Officer, who shall use those funds solely for the purposes of carrying out the Resident Tuition Support Program: Provided further, That the Office of the Chief Financial Officer shall provide a quarterly financial report to the Committees on Appropriations of the House of Representatives and the Senate for these funds showing, by object class, the expenditures made and the purpose therefor.

 

FEDERAL PAYMENT FOR EMERGENCY PLANNING AND SECURITY COSTS IN THE DISTRICT OF COLUMBIA

 

For a Federal payment of necessary expenses, as determined by the Mayor of the District of Columbia in written consultation with the elected county or city officials of surrounding jurisdictions, $14,900,000, to remain available until expended and in addition any funds that remain available from prior year appropriations under this heading for the District of Columbia Government, for the costs of providing public safety at events related to the presence of the national capital in the District of Columbia, including support requested by the Director of the United States Secret Service Division in carrying out protective duties under the direction of the Secretary of Homeland Security, and for the costs of providing support to respond to immediate and specific terrorist threats or attacks in the District of Columbia or surrounding jurisdictions.

 

FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA COURTS

 

For salaries and expenses for the District of Columbia Courts, $232,841,000 to be allocated as follows: for the District of Columbia Court of Appeals, $12,830,000, of which not to exceed $2,500 is for official reception and representation expenses; for the District of Columbia Superior Court, $114,209,000, of which not to exceed $2,500 is for official reception and representation expenses; for the District of Columbia Court System, $66,712,000, of which not to exceed $2,500 is for official reception and representation expenses; and $39,090,000, to remain available until September 30, 2013, for capital improvements for District of Columbia courthouse facilities: Provided, That funds made available for capital improvements shall be expended consistent with the District of Columbia Courts master plan study and building evaluation report: Provided further, That notwithstanding any other provision of law, all amounts under this heading shall be apportioned quarterly by the Office of Management and Budget and obligated and expended in the same manner as funds appropriated for salaries and expenses of other Federal agencies: Provided further, That 30 days after providing written notice to the Committees on Appropriations of the House of Representatives and the Senate, the District of Columbia Courts may reallocate not more than $3,000,000 of the funds provided under this heading among the items and entities funded under this heading but no such allocation shall be increased by more than 10 percent.

 

FEDERAL PAYMENT FOR DEFENDER SERVICES IN DISTRICT OF COLUMBIA COURTS

 

(INCLUDING TRANSFER OF FUNDS)

 

For payments authorized under section 11-2604 and section 11-2605, D.C. Official Code (relating to representation provided under the District of Columbia Criminal Justice Act), payments for counsel appointed in proceedings in the Family Court of the Superior Court of the District of Columbia under chapter 23 of title 16, D.C. Official Code, or pursuant to contractual agreements to provide guardian ad litem representation, training, technical assistance, and such other services as are necessary to improve the quality of guardian ad litem representation, payments for counsel appointed in adoption proceedings under chapter 3 of title 16, D.C. Official Code, and payments authorized under section 21-2060, D.C. Official Code (relating to services provided under the District of Columbia Guardianship, Protective Proceedings, and Durable Power of Attorney Act of 1986), $55,000,000, to remain available until expended: Provided, That funds provided under this heading shall be administered by the Joint Committee on Judicial Administration in the District of Columbia: Provided further, That notwithstanding any other provision of law, this appropriation shall be apportioned quarterly by the Office of Management and Budget and obligated and expended in the same manner as funds appropriated for expenses of other Federal agencies: Provided further, That not more than $10,000,000 of the funds provided in this account may be transferred to, and merged with, funds made available under the heading "Federal Payment to the District of Columbia Courts" for District of Columbia courthouse facilities.

 

FEDERAL PAYMENT TO THE COURT SERVICES AND OFFENDER SUPERVISION AGENCY FOR THE DISTRICT OF COLUMBIA

 

For salaries and expenses, including the transfer and hire of motor vehicles, of the Court Services and Offender Supervision Agency for the District of Columbia, as authorized by the National Capital Revitalization and Self-Government Improvement Act of 1997, $212,983,000, of which not to exceed $2,000 is for official reception and representation expenses related to Community Supervision and Pretrial Services Agency programs; of which not to exceed $25,000 is for dues and assessments relating to the implementation of the Court Services and Offender Supervision Agency Interstate Supervision Act of 2002; of which $1,000,000 shall remain available until September 30, 2014 for relocation of the Pretrial Services Agency drug testing laboratory; of which $153,548,000 shall be for necessary expenses of Community Supervision and Sex Offender Registration, to include expenses relating to the supervision of adults subject to protection orders or the provision of services for or related to such persons; of which $59,435,000 shall be available to the Pretrial Services Agency: Provided, That notwithstanding any other provision of law, all amounts under this heading shall be apportioned quarterly by the Office of Management and Budget and obligated and expended in the same manner as funds appropriated for salaries and expenses of other Federal agencies: Provided further, That not less than $1,500,000 shall be available for re-entrant housing in the District of Columbia: Provided further, That the Director is authorized to accept and use gifts in the form of in-kind contributions of space and hospitality to support offender and defendant programs, and equipment and vocational training services to educate and train offenders and defendants: Provided further, That the Director shall keep accurate and detailed records of the acceptance and use of any gift or donation under the previous proviso, and shall make such records available for audit and public inspection: Provided further, That the Court Services and Offender Supervision Agency Director is authorized to accept and use reimbursement from the District of Columbia Government for space and services provided on a cost reimbursable basis.

 

FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA PUBLIC DEFENDER SERVICE

 

For salaries and expenses, including the transfer and hire of motor vehicles, of the District of Columbia Public Defender Service, as authorized by the National Capital Revitalization and Self-Government Improvement Act of 1997, $37,241,000: Provided, That notwithstanding any other provision of law, all amounts under this heading shall be apportioned quarterly by the Office of Management and Budget and obligated and expended in the same manner as funds appropriated for salaries and expenses of Federal agencies.

 

FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA WATER AND SEWER AUTHORITY

 

For a Federal payment to the District of Columbia Water and Sewer Authority, $15,000,000, to remain available until expended, to continue implementation of the Combined Sewer Overflow Long-Term Plan: Provided, That the District of Columbia Water and Sewer Authority provides a 100 percent match for this payment.

 

FEDERAL PAYMENT TO THE CRIMINAL JUSTICE COORDINATING COUNCIL

 

For a Federal payment to the Criminal Justice Coordinating Council, $1,800,000, to remain available until expended, to support initiatives related to the coordination of Federal and local criminal justice resources in the District of Columbia.

 

FEDERAL PAYMENT FOR JUDICIAL COMMISSIONS

 

For a Federal payment, to remain available until September 30, 2013, to the Commission on Judicial Disabilities and Tenure, $295,000, and for the Judicial Nomination Commission, $205,000.

 

FEDERAL PAYMENT FOR SCHOOL IMPROVEMENT

 

For a Federal payment for a school improvement program in the District of Columbia, $60,000,000, to remain available until expended, for payments authorized under the Scholarship for Opportunity and Results Act (division C of Public Law 112-10).

 

FEDERAL PAYMENT FOR THE DISTRICT OF COLUMBIA NATIONAL GUARD

 

For a Federal payment to the District of Columbia National Guard, $375,000, to remain available until expended for the Major General David F. Wherley, Jr. District of Columbia National Guard Retention and College Access Program.

 

FEDERAL PAYMENT FOR TESTING AND TREATMENT OF HIV/AIDS

 

For a Federal payment to the District of Columbia for the testing of individuals for, and the treatment of individuals with, human immunodeficiency virus and acquired immunodeficiency syndrome in the District of Columbia, $5,000,000.

 

DISTRICT OF COLUMBIA FUNDS

 

The following amounts are appropriated for the District of Columbia for the current fiscal year out of the General Fund of the District of Columbia ("General Fund"), except as otherwise specifically provided: Provided, That notwithstanding any other provision of law, except as provided in section 450A of the District of Columbia Home Rule Act, (114 Stat. 2440; D.C. Official Code, section 1-204.50a) and provisions of this Act, the total amount appropriated in this Act for operating expenses for the District of Columbia for fiscal year 2012 under this heading shall not exceed the lesser of the sum of the total revenues of the District of Columbia for such fiscal year or $10,916,966,000 (of which $6,208,646,000 shall be from local funds, (including $526,594,000 from dedicated taxes), $1,015,449,000 shall be from Federal grant funds, $1,499,115,000 from Medicaid payments, $2,040,504,000 shall be from other funds, and $25,677,000 shall be from private funds, and $127,575,000 shall be from funds previously appropriated in this Act as Federal payments: Provided further, That of the local funds, such amounts as may be necessary may be derived from the District's General Fund balance: Provided further, That of these funds the District's intra-District authority shall be $619,632,000: in addition, for capital construction projects, an increase of $4,007,501,000, of which $2,934,011,000 shall be from local funds, $223,858,000 from the District of Columbia Highway Trust Fund, $33,140,000 from the Local Transportation Fund, $816,492,000 from Federal grant funds, and a rescission of $2,849,882,000 of which $1,796,345,000 shall be from local funds, $749,426,000 from Federal grant funds, $252,694,000 from the District of Columbia Highway Trust Fund, and $51,416,000 from the Local Transportation Fund appropriated under this heading in prior fiscal years, for a net amount of $1,157,619,000, to remain available until expended: Provided further, That the amounts provided under this heading are to be available, allocated, and expended as proposed under title III of the Fiscal Year 2012 Budget Request Act of 2011, at the rate set forth under "District of Columbia Funds Division of Expenses" as included in the Fiscal Year 2012 Proposed Budget and Financial Plan submitted to the Congress by the District of Columbia: Provided further, That this amount may be increased by proceeds of one-time transactions, which are expended for emergency or unanticipated operating or capital needs: Provided further, That such increases shall be approved by enactment of local District law and shall comply with all reserve requirements contained in the District of Columbia Home Rule Act: Provided further, That the Chief Financial Officer of the District of Columbia shall take such steps as are necessary to assure that the District of Columbia meets these requirements, including the apportioning by the Chief Financial Officer of the appropriations and funds made available to the District during fiscal year 2012, except that the Chief Financial Officer may not reprogram for operating expenses any funds derived from bonds, notes, or other obligations issued for capital projects.

 

This title may be cited as the "District of Columbia Appropriations Act, 2012".

 

Pub. L. 112-74, Div. C, Title VIII, 125 Stat. 940, December 23, 2011, provides as follows:

 

TITLE VIII

 

GENERAL PROVISIONS--DISTRICT OF COLUMBIA

 

(INCLUDING TRANSFER OF FUNDS)

 

SEC. 801. There are appropriated from the applicable funds of the District of Columbia such sums as may be necessary for making refunds and for the payment of legal settlements or judgments that have been entered against the District of Columbia government.

 

SEC. 802. None of the Federal funds provided in this Act shall be used for publicity or propaganda purposes or implementation of any policy including boycott designed to support or defeat legislation pending before Congress or any State legislature.

 

SEC. 803. (a) None of the Federal funds provided under this Act to the agencies funded by this Act, both Federal and District government agencies, that remain available for obligation or expenditure in fiscal year 2012, or provided from any accounts in the Treasury of the United States derived by the collection of fees available to the agencies funded by this Act, shall be available for obligation or expenditures for an agency through a reprogramming of funds which--

 

(1) creates new programs;

 

(2) eliminates a program, project, or responsibility center;

 

(3) establishes or changes allocations specifically denied, limited or increased under this Act;

 

(4) increases funds or personnel by any means for any program, project, or responsibility center for which funds have been denied or restricted;

 

(5) re-establishes any program or project previously deferred through reprogramming;

 

(6) augments any existing program, project, or responsibility center through a reprogramming of funds in excess of $3,000,000 or 10 percent, whichever is less; or

 

(7) increases by 20 percent or more personnel assigned to a specific program, project or responsibility center, unless the Committees on Appropriations of the House of Representatives and the Senate are notified in writing 15 days in advance of the reprogramming.

 

(b) The District of Columbia government is authorized to approve and execute reprogramming and transfer requests of local funds under this title through November 1, 2012.

 

SEC. 804. None of the Federal funds provided in this Act may be used by the District of Columbia to provide for salaries, expenses, or other costs associated with the offices of United States Senator or United States Representative under section 4(d) of the District of Columbia Statehood Constitutional Convention Initiatives of 1979 (D.C. Law 3-171; D.C. Official Code, sec. 1-123).

 

SEC. 805. Except as otherwise provided in this section, none of the funds made available by this Act or by any other Act may be used to provide any officer or employee of the District of Columbia with an official vehicle unless the officer or employee uses the vehicle only in the performance of the officer's or employee's official duties. For purposes of this section, the term "official duties" does not include travel between the officer's or employee's residence and workplace, except in the case of--

 

(1) an officer or employee of the Metropolitan Police Department who resides in the District of Columbia or a District of Columbia government employee as may otherwise be designated by the Chief of the Department;

 

(2) at the discretion of the Fire Chief, an officer or employee of the District of Columbia Fire and Emergency Medical Services Department who resides in the District of Columbia and is on call 24 hours a day or is otherwise designated by the Fire Chief;

 

(3) at the discretion of the Director of the Department of Corrections, an officer or employee of the District of Columbia Department of Corrections who resides in the District of Columbia and is on call 24 hours a day or is otherwise designated by the Director;

 

(4) the Mayor of the District of Columbia; and

 

(5) the Chairman of the Council of the District of Columbia.

 

SEC. 806. (a) None of the Federal funds contained in this Act may be used by the District of Columbia Attorney General or any other officer or entity of the District government to provide assistance for any petition drive or civil action which seeks to require Congress to provide for voting representation in Congress for the District of Columbia.

 

(b) Nothing in this section bars the District of Columbia Attorney General from reviewing or commenting on briefs in private lawsuits, or from consulting with officials of the District government regarding such lawsuits.

 

SEC. 807. None of the Federal funds contained in this Act may be used to distribute any needle or syringe for the purpose of preventing the spread of blood borne pathogens in any location that has been determined by the local public health or local law enforcement authorities to be inappropriate for such distribution.

 

SEC. 808. Nothing in this Act may be construed to prevent the Council or Mayor of the District of Columbia from addressing the issue of the provision of contraceptive coverage by health insurance plans, but it is the intent of Congress that any legislation enacted on such issue should include a "conscience clause" which provides exceptions for religious beliefs and moral convictions.

 

SEC. 809. Hereafter, as part of the submission of the annual budget justification, the Mayor of the District of Columbia shall submit to the Committees on Appropriations of the House of Representatives and the Senate, the Committee on Oversight and Government Reform of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate a report addressing--

 

(1) crime, including the homicide rate, implementation of community policing, and the number of police officers on local beats;

 

(2) access to substance and alcohol abuse treatment, including the number of treatment slots, the number of people served, the number of people on waiting lists, and the effectiveness of treatment programs, the retention rates in treatment programs, and the recidivism/re-arrest rates for treatment participants;

 

(3) education, including access to special education services and student achievement to be provided in consultation with the District of Columbia Public Schools, repeated grade rates, high school graduation rates, and post-secondary education attendance rates;

 

(4) improvement in basic District services, including rat control and abatement; and

 

(5) application for and management of Federal grants, including the number and type of grants for which the District was eligible but failed to apply and the number and type of grants awarded to the District but for which the District failed to spend the amounts received.

 

SEC. 810. None of the Federal funds contained in this Act may be used to enact or carry out any law, rule, or regulation to legalize or otherwise reduce penalties associated with the possession, use, or distribution of any schedule I substance under the Controlled Substances Act (21 U.S.C. 801 et seq.) or any tetrahydrocannabinols derivative.

 

SEC. 811. None of the funds appropriated under this Act shall be expended for any abortion except where the life of the mother would be endangered if the fetus were carried to term or where the pregnancy is the result of an act of rape or incest.

 

SEC. 812. (a) No later than 30 calendar days after the date of the enactment of this Act, the Chief Financial Officer for the District of Columbia shall submit to the appropriate committees of Congress, the Mayor, and the Council of the District of Columbia, a revised appropriated funds operating budget in the format of the budget that the District of Columbia government submitted pursuant to section 442 of the District of Columbia Home Rule Act (D.C. Official Code, sec. 1-204.42), for all agencies of the District of Columbia government for fiscal year 2012 that is in the total amount of the approved appropriation and that realigns all budgeted data for personal services and other-than-personal services, respectively, with anticipated actual expenditures.

 

(b) This section shall apply only to an agency for which the Chief Financial Officer for the District of Columbia certifies that a reallocation is required to address unanticipated changes in program requirements.

 

SEC. 813. No later than 30 calendar days after the date of the enactment of this Act, the Chief Financial Officer for the District of Columbia shall submit to the appropriate committees of Congress, the Mayor, and the Council for the District of Columbia, a revised appropriated funds operating budget for the District of Columbia Public Schools that aligns schools budgets to actual enrollment. The revised appropriated funds budget shall be in the format of the budget that the District of Columbia government submitted pursuant to section 442 of the District of Columbia Home Rule Act (D.C. Official Code, Sec. 1- 204.42).

 

SEC. 814. Amounts appropriated in this Act as operating funds may be transferred to the District of Columbia's enterprise and capital funds and such amounts, once transferred, shall retain appropriation authority consistent with the provisions of this Act.

 

SEC. 815. Notwithstanding any other laws, for this and succeeding fiscal years, the Director of the District of Columbia Public Defender Service shall, to the extent the Director considers appropriate, provide representation for and hold harmless, or provide liability insurance for, any person who is an employee, member of the Board of Trustees, or officer of the District of Columbia Public Defender Service for money damages arising out of any claim, proceeding, or case at law relating to the furnishing of representational services or management services or related services while acting within the scope of that person's office or employment, including, but not limited to such claims, proceedings, or cases at law involving employment actions, injury, loss of liberty, property damage, loss of property, or personal injury, or death arising from malpractice or negligence of any such officer or employee.

 

SEC. 816. Section 346 of the District of Columbia Appropriations Act, 2005 (Public Law 108-335) is amended--

 

(1) in the title, by striking "Biennial";

 

(2) in subsection (a), by striking "Biennial management" and inserting "Management";

 

(3) in subsection (a), by striking "States." and inserting "States every five years."; and

 

(4) in subsection (b)(6), by striking "2" and inserting "5".

 

SEC. 817. Except as expressly provided otherwise, any reference to "this Act" contained in this title or in title IV shall be treated as referring only to the provisions of this title or of title IV.

 

Criteria for Spending Pay-As-You-Go Funding Act of 2002

 

Short title of title XXXIII of Law 14-190: Section 3301 of D.C. Law 14-190 provided that title XXXIII of the act may be cited as the Criteria for Spending Pay-As-You-Go Funding Act of 2002.

 

Section 802 of D.C. Law 14-307 provides: "The Criteria for Spending Pay-As-You-Go Funding Act of 2002, effective October 1, 2002 (D.C. Law 14-190; 49 DCR 6968), is repealed."

 

Fiscal Year 2004 Metropolitan Police Department Budget

 

Short title of title XXII of Law 15-39: Section 2201 of D.C. Law 15-39 provided that title XXII of the act may be cited as the Metropolitan Police Department Program-Based Budget Act of 2003.

 

Section 2202 of Law 15-39 provides:

 

"(a) The Fiscal Year 2004 budget for the Metropolitan Police Department is enacted at the program level with funding totals for Agency Management Program, Regional Field Operations, Investigative Field Operations, Special Field Operations, Public Safety Communications Center, Police Business Services, and Organizational Change and Professional Responsibility.

 

"(b) For the purposes of this title, the term 'program' shall be a budget category consistent with D.C. Official Code § 47-361(10).

 

"(c) Reprogrammings from program to program under this title shall be in accordance with D.C. Official Code § 47-363."

 

Criteria for Spending Pay-As-You-Go Funding in Fiscal Year 2004

 

Short title of title XXV of Law 15-39: Section 2501 of D.C. Law 15-39 provided that title XXV of the act may be cited as the Criteria for Spending Pay-As-You-Go Funding Act of 2003.

 

Section 2502 of D.C. Law 15-39 provides:

 

"(a) Of the Pay-As-You-Go Capital funding for Fiscal Year 2004, a total of $11.257 million shall be made available for Pay-As-You-Go once the Chief Financial Officer has determined and certified that those funds are not necessary for any of the following purposes:

 

"(1) The Metropolitan Police Department, up to $1.097 million, to cover the costs of an additional 100 officers;

 

"(2) The Child and Family Services Agency, up to $2.5 million, to cover court mandated hiring of social workers;

 

"(3) The Youth Services Administration, up to $3 million, to cover court mandated expenses for foster care homes for committed youth, intensive substance abuse services, or community based therapeutic group homes;

 

"(4) The Department of Mental Health, up to $2 million, to cover court mandated staff hiring expenses;

 

"(5) The Department of Health, up to $2 million, to cover inflationary increases for institutional Medicaid providers; or

 

"(6) Up to $660,000 to cover court mandated costs.

 

"(b) No Pay-As-You-Go funding shall be available for the Metropolitan Police Department, unless the Chief Financial Officer has determined, certified, and provided written notification to the Council that the Metropolitan Police Department has reached a sworn police officer level of 3700.

 

"(c) No Pay-As-You-Go funding shall be available for the Child and Family Services Agency, unless the Chief Financial Officer has determined, certified, and provided written notification to the Council that the purpose of the funding is to hire additional social workers.

 

"(d) No Pay-As-You-Go funding shall be available for the Youth Services Administration, unless the Chief Financial Officer has determined, certified, and provided written notification to the Council that the funding is needed to comply with the court mandate.

 

"(e) No Pay-As-You-Go funding shall be available for the Department of Mental Health, unless the Chief Financial Officer has determined, certified, and provided written notification to the Council that the funding is needed to hire staff to comply with the court mandate.

 

"(f) No Pay-As-You-Go funding shall be available for the Department of Health, unless the Chief Financial Officer has determined, certified, and provided written notification to the Council that the funding is needed to meet inflationary increases for Medicaid providers.

 

"(g) No Pay-As-You-Go funding shall be available to cover court mandated costs pursuant to subsection (a)(6) of this section, unless the Chief Financial Officer has determined, certified, and provided written notification to the Council that the funding is needed for such purpose."

 

Department of Employment Services Budget for Fiscal Year 2004

 

Short title of title XXVIII of Law 15-39: Section 2801 of D.C. Law 15-39 provided that title XXVIII of the act may be cited as the Department of Employment Services Budget and FTE Authority Act of 2003.

 

Section 2802 of D.C. Law 15-39 provides:

 

"For Fiscal Year 2004, the Department of Employment Services ('DOES') shall have:

 

"(1) No more than 551 full time equivalent ('FTE') employees; and

 

"(2) A total budget of $87,613,00, to be allocated as follows:

 

"(A) Personal Services budget not to exceed $31,635,824; and

 

"(B) Nonpersonal Services budget not to exceed $55,924,229, including no less than $35,430,176 for Subsidies and Transfers."

 

Contracts Savings for Fiscal Year 2004

 

Short title of title XXIX of Law 15-39: Section 2901 of D.C. Law 15-39 provided that title XXIX of the act may be cited as the Contracts Savings Act of 2003.

 

Section 2902 of D.C. Law 15-39 provides:

 

"(a) The Mayor shall create not less than a $10 million savings in the total estimated costs of all District government contracts during Fiscal Year 2004, through either contract administration efficiencies or through the negotiation or renegotiation of a sufficient number of District government contracts by first examining all sole source and personal services contracts as well as cuts in contracts where contractors are billing at an annual rate of more than $150,000 a year prior to considering reductions in contractual services that directly benefit and affect residents, which savings shall be realized and allocated in not less than the following amounts in the following titles of the District of Columbia Fiscal Year 2004 budget as appropriated by Congress:

 

"(1) Governmental Direction and Support: $621,000;

 

"(2) Economic Development and Regulation: $160,000;

 

"(3) Public Safety and Justice: $2,152,000;

 

"(4) Public Education System: $2,879,000;

 

"(5) Human Support Services: $3,280,000; and

 

"(6) Public Works: $928,000.

 

"(b) In the event that proposed cuts create unforeseen operational or financial complications, the Mayor shall identify and implement alternate contract reductions. In the instance that after a comprehensive review of contracts the Mayor demonstrates and the CFO certifies that some amount not to exceed $5 million in contract savings can not be achieved without excessive operational or financial complications, that unachievable amount shall be transferred from the unrestricted unreserved fund balance to offset the unachievable savings."

 

Gales School Renovation Approval

 

Short title of title XXXI of Law 15-39: Section 3101 of D.C. Law 15-39 provided that title XXXI of the act may be cited as the Gales School Renovation Approval Act of 2003.

 

Section 3102 of D.C. Law 15-39 provides:

 

"(a) Before any funds may be expended for project number CAC37C, denominated in the budget and financial plan as the Gayle School Child Advocacy Center Modernization, the Mayor shall submit to the Council, and the Council shall approve, a plan for the use of this funding. The plan shall include:

 

"(1) The nature and purpose of the planned renovations;

 

"(2) A detailed statement of the planned renovations;

 

"(3) The use of the property after the renovations are completed;

 

"(4) The occupant of the property after the renovations are completed;

 

"(5) Whether a declaration of surplus for the property is to be sought and, if so, plans for disposition, if any, of the property and the proposed terms of the disposition.

 

"(b) The proposed plan shall be submitted to the Council for approval, by resolution for a 90-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the proposed plan has not been approved by the Council within the 90-day period, the proposed plan shall be deemed disapproved.

 

"(c) The Chief Financial Officer of the District of Columbia shall certify that expenditure of funds for the project is authorized under the budget and financial plan."

 

Criteria for Spending Pay-As-You-Go Funding Act of 2004

 

Short title of subtitle A of title I of Law 15-205: Section 1001 of D.C. Law 15-205 provided that subtitle A of title I of the act may be cited as the Criteria for Spending Pay-As-You-Go Funding Act of 2004.

 

Sections 1002 and 1003 of D.C. Law 15-205 provide:

 

"Sec. 1002. Criteria for spending Pay-As-You-Go Contingency funding in fiscal year 2005.

 

"(a) Of the Pay-As-You-Go Contingency funding for fiscal year 2005, a total of $43,137,000 shall be made available upon the Mayor's submission of a request to the Council for its approval, as provided in subsection (c) of this subtitle, in which the Mayor demonstrates and the Chief Financial Officer ('CFO') certifies that funds are needed as follows:

 

"(1) The Department of Human Services:

 

"(A) Up to $2 million for Mental Retardation & Developmental Disabilities Administration; provided, that the CFO certifies that the requested funds are necessary to meet court-mandated expenditures that otherwise cannot be met by the appropriation;

 

"(B) Up to $5.4 million for the Youth Services Administration; provided, that the CFO certifies that the requested funds are necessary for the operation of Oak Hill Youth Center and the Mt. Olivet Youth Services Center;

 

"(2) The Child and Family Services Agency:

 

"(A) Up to $2 million for the Early Intervention Initiative; provided, that the CFO certifies that a federal payment will not be available for this purpose on October 1, 2004; provided further, that should a federal payment for this purpose become available, an amount equal to the federal payment shall revert to the Pay-As-You Go Capital fund;

 

"(B) Up to $6 million for the Title IV-E program; provided, that the CFO certifies that requested amendments to Title IV-E of the Federal Social Security Act providing additional federal funding for the Title IV-E program shall not be enacted in federal law on October 1, 2004; provided further, that should federal funding become available pursuant to an amendment to Title IV-E of the Federal Social Security Act, any local funds made available pursuant to this subparagraph that the CFO certifies are not needed, based upon the amendment, shall revert to the Pay-As-You Go Capital fund;

 

"(C) Up to $3 million for Medicaid-related expenses; provided, that the CFO certifies that improvements in the cost-reimbursement process have been made and that Medicaid revenue projections indicate that the requested funds remain necessary; provided further, that of the funds provided pursuant to this subparagraph, the requested amount shall be reduced or refunded by any further CFO-certified increases in Federal Medicaid Reimbursements, over the amount previously certified as revenue projections by the CFO pursuant to this subparagraph, as a result of the improvements;

 

"(D) Up to $1.9 million for family-based therapeutic foster care services; provided, that the Mayor submits documentary evidence showing that all contracts related to foster care services were competitively bid;

 

"(E) Up to $5 million for out-of-home care and community based services; provided, that the Mayor includes in his submission to the Council documentary evidence, certified by the CFO, showing that the projected utilization requires the use of the requested funds;

 

"(3) The Department of Mental Health, up to $11 million for Medicaid-related expenses; provided, that the CFO certifies that improvements in the cost-reimbursement process have been made and that Medicaid revenue projections indicate that the requested funds remain necessary; provided further, that of the funds made available pursuant to this paragraph, the requested amount shall be reduced or refunded by any further CFO-certified increases in Federal Medicaid Reimbursements, over the amount previously certified as revenue projections by the CFO pursuant to this paragraph, as a result of the improvements;

 

"(4) The Department of Health:

 

"(A) Up to $3 million for Health Care Safety Net; provided, that the Mayor includes in his submission to the Council documentary evidence, certified by the CFO, showing that the projected utilization requires the use of the requested funds;

 

"(B) Up to $2 million for the Addiction Prevention & Recovery Administration; provided, that the CFO certifies that additional funding from a federal grant will not be available on October 1, 2004; provided further, that should additional federal grant funding become available for addiction prevention and recovery, an amount equal to the federal payment shall be allocated to the Office of Property Management for transitional office space requirements;

 

"(5) The Office of the Inspector General, up to one million; provided, that the CFO certifies that the requested funds are necessary for Congressionally approved funding;

 

"(6) The Department of Employment Services, up to $500,000; provided, that the Mayor includes in his submission to the Council documentary evidence, certified by the CFO, showing that the agency has applied for, but not received, relevant federal grants not included in the ceiling of the fiscal year 2005 appropriation for the purpose for which the requested funds are needed; and

 

"(7) The Office of the Secretary, up to $375,000; provided, that the CFO certifies that the requested funds are necessary to cover lease costs.

 

"(b) Any funds not used for its stated purpose shall revert to the Pay-As-You-Go Capital fund.

 

"(c)(1) The Mayor shall transmit a request for funds to the Council for its approval. The transmittal shall include the CFO certification that the funds are needed for the stated purpose, accompanied by the CFO's independent analysis that led to the certification. If no written notice of disapproval of the request is filed with the Secretary to the Council within 14 calendar days of the receipt of a request from the Mayor or no oral notice of disapproval is given during a meeting of the Council during the 14 calendar day period, which review period shall begin on the 1st day following its receipt by the Office of the Secretary, the request shall be deemed to be approved. If a notice of disapproval is given during the 14 calendar day review period, the Council may approve or disapprove the request by resolution within 30 calendar days of the receipt of the request from the Mayor, or such request shall be deemed to be approved.

 

"(2) No request may be submitted to the Council under this subsection during such time as the Council is on recess, according to its rules, nor shall any time period provided in this subsection or in the Council's rules with respect to a request continue to run during such time as the Council is on recess."

 

"Sec. 1003. Conflict of law.

 

"For the purpose of meeting the requirements of the District Anti-Deficiency Act of 2002, effective April 4, 2003 (D.C. Law 14-285; D.C. Official Code § 47-355.01 et seq.), the dollar amounts set forth in section 1002(a) as available to the listed agency shall for the first two quarters of the fiscal year be included in the agency's budget."

 

Criteria for Spending Pay-As-You-Go Contingency Funding Act of 2005

 

Short title of subtitle C of title I of Law 16-33: Section 1010 of D.C. Law 16-33 provided that subtitle C of title I of the act may be cited as the Criteria for Spending Pay-As-You-Go Contingency Funding Act of 2005.

 

Section 1011 of D.C. Law 16-33 provides:

 

"Criteria for spending Pay-As-You-Go contingency funding in fiscal year 2006.

 

"(a) Of the Pay-As-You-Go contingency funding for fiscal year 2006, a total of $12,461,994 shall be made available upon the Mayor's submission of a request to the Council for its approval, as provided in subsection (c) of this section, in which the Mayor demonstrates and the Chief Financial Officer ("CFO") certifies that funds are needed as follows:

 

"(1) Office of Administrative Hearings, up to $130,000 for security costs;

 

"(2) Department of Corrections, up to $5,964,801 for nonpersonal services costs;

 

"(3) DC Emergency Management Agency, up to $755,000 for relocation costs to move to the Office of Unified Communications building;

 

"(4) Department of Youth Rehabilitation Services, up to $2,120,282 for personal and nonpersonal services;

 

"(5) The Wilson Building, up to $491,911 for maintenance contract costs;

 

"(6) Child and Family Services Agency, up to $1 million to support increased hiring;

 

"(7) District of Columbia Public Schools, up to $1 million to fund an initiative to provide computers to McKinley Technology High School, Ballou High School, and other high schools in DCPS, to be used as matching funds; and

 

"(8) Office of the Mayor, up to $1 million to support public education initiatives regarding voting rights in the District of Columbia.

 

"(b) Any funds not used for its stated purpose shall revert to the Pay-As-You-Go Capital fund.

 

"(c)(1) The Mayor shall transmit a request for funds in the form of a proposed resolution to the Council for its approval, which the Council may approve in whole or in part. The transmittal shall include CFO certification that the funds are needed for the stated purpose and the CFO's independent analysis that led to the certification. If no written notice of disapproval of the proposed resolution is filed with the Secretary to the Council within 14 calendar days of the receipt of a request from the Mayor or no oral notice of disapproval is given during a meeting of the Council during the 14 calendar day period, which review period shall begin on the 1st day following its receipt by the Office of the Secretary, the proposed resolution shall be deemed to be approved. If a notice of disapproval is given during the 14 calendar day review period, the Council may approve or disapprove, in whole or in part, the request by resolution within 30 calendar days of the receipt of the request from the Mayor, or such request shall be deemed to be approved.

 

"(2) No request may be submitted to the Council under this subsection during such time as the Council is on recess, according to its rules, nor shall any time period provided in this subsection or in the Council's rules with respect to a request continue to run during such time as the Council is on recess."

Editor's Notes

For additional similar authority, see § 47-369.02.

Effect of Amendments

Pub. L. 111-8, in subsec. (f), substituted "fiscal year 2006 and each succeeding fiscal year" for "fiscal years 2006 through 2008".

Effective Dates

Section 808(b) of Pub. L. 111-8 provides that the amendment made by subsection (a) shall take effect as if included in the enactment of the 2005 District of Columbia Omnibus Authorization Act [Pub. L. 109-356].

Delegation of Authority

Delegation of Additional Functions to the Office of Partnerships and Grant Services; Grantmaking Made Subject to Policies and Procedures Contained inCity-Wide Grants Manual and Sourcebook; Establishment of Grantmaking Procedure Waiver Committee, see Mayor's Order 2009-228, January 8, 2010 (57 DCR 530).

Delegation of Authority to the Child and Family Services Agency under section 601(d) of the Prevention of Child Abuse and Neglect Act of 1977, see Mayor's Order 2010-185, December 27, 2010 (58 DCR 153).

Prior Codifications

1981 Ed., § 47-305.

1973 Ed., § 47-225.

Miscellaneous Notes

Enactment upon adoption of federal legislation: Section 4 of D.C. Law 11-254 provided that "§§ 47-101, 47-117, 47-130, 47-301, 47-302, 47-303, 47-304, 47- 304.1, 47-305, 47-310, 47-312, 47-317.1 through 47-317.6, 47-321 through 47- 325, 47-327 through 47-331, and 47-332 through 47-334 of Title 47 [§§ 1- 204.41, 1-204.55, 1-204.50, 1-204.42, 1-204.43, 1-204.44, 1- 204.46, 1-204.53, 1-204.47, 1-204.48, 1-204.49, 1-204.24a through 1-204.24e, 47-317.06, 1-204.61 through 1-204.65, 1- 204.71 through 1-204.75, 1-204.81, 1-204.85, 1-204.86 and 1- 204.90, 2001 Ed.] of the District of Columbia Code shall be enacted as part of Title 47 upon the adoption by Congress of legislation so enacting these sections."

Prior Codifications

1981 Ed., § 47-310.

1973 Ed., § 47-226.

Effect of Amendments

Pub. L. 109-356, in the introductory language of subsec. (a), inserted "and except to the extent provided under § 1-204.24d"; in subsec. (a)(4), inserted ", as audited by the Inspector General of the District of Columbia in accordance with subsection (c) of this section in the case of fiscal years 2006 through 2008;"; and added subsec. (c).

Miscellaneous Notes

Apportionment of Fiscal Year 1989 appropriations: See Mayor's Memorandum 89- 14, May 12, 1989.

Authority of Mayor to contract with private financial institutions: See §§ 701 to 703 of the Act of June 15, 1976, D.C. Law 1-70.

Furloughing of employees: See Mayor's Order 96-72, May 22, 1996 (43 DCR 2919).

Prior Codifications

1981 Ed., § 47-312.

1973 Ed., § 47-227.

Effect of Amendments

Pub. L. 109-356, in the introductory language, inserted "Except to the extent provided under § 1-204.24d,".

Delegation of Authority

Delegation of Contracting Authority, see Mayor's Order 92-153, December 1, 1992.

Amendment of Mayor's Order 90-178, Delegation of Contracting Authority: See Mayor's Order 95-45, March 23, 1995.

Amendment of Mayor's Order 90-178, Delegation of Contracting Authority: See Mayor's Order 96-136, September 9, 1996 (43 DCR 5043).

Amendment of Mayor's Order 90-178, Delegation of Contracting Authority: See Mayor's Order 96-152, October 17, 1996 (43 DCR 5855).

Contracting authority for Year 2000 remediation contracts, see Mayor's Order 99-54, March 5, 1999 (46 DCR 2831).

Miscellaneous Notes

Amendment of Mayor's Order 90-178, Delegation of Contracting Authority; Delegation of Personnel Authority; and Establishment of Position of Administrator in the Commission on Mental Health Services: See Mayor's Order 96-172, December 9, 1996 (43 DCR 6973).

Amendment of Mayor's Order 96-172, Establishing Position of Administrator in the Commission on Mental Health Services; Appointment of Interim Administrator; Duties of Administrator: See Mayor's Order 97-6, January 9, 1997 (44 DCR 357).

Enactment upon adoption of federal legislation: Section 4 of D.C. Law 11-254 provided that "§§ 47-101, 47-117, 47-130, 47-301, 47-302, 47-303, 47-304, 47- 304.1, 47-305, 47-310, 47-312, 47-317.1 through 47-317.6, 47-321 through 47- 325, 47-327 through 47-331, and 47-332 through 47-334 of Title 47 [§§ 1- 204.41, 1-204.55, 1-204.50, 1-204.42, 1-204.43, 1-204.44, 1- 204.46, 1-204.53, 1-204.47, 1-204.48, 1-204.49, 1-204.24a through 1-204.24e, 47-317.06, 1-204.61 through 1-204.65, 1- 204.71 through 1-204.75, 1-204.81, 1-204.85, 1-204.86 and 1- 204.90, 2001 Ed.] of the District of Columbia Code shall be enacted as part of Title 47 upon the adoption by Congress of legislation so enacting these sections."

Prior Codifications

1981 Ed., § 47-130.

1973 Ed., § 47-130b.

Miscellaneous Notes

Definitions applicable: The definitions in § 1-202 apply to this section.

Enactment upon adoption of federal legislation: Section 4 of D.C. Law 11-254 provided that "§§ 47-101, 47-117, 47-130, 47-301, 47-302, 47-303, 47-304, 47- 304.1, 47-305, 47-310, 47-312, 47-317.1 through 47-317.6, 47-321 through 47- 325, 47-327 through 47-331, and 47-332 through 47-334 of Title 47 [§§ 1- 204.41, 1-204.55, 1-204.50, 1-204.42, 1-204.43, 1-204.44, 1- 204.46, 1-204.53, 1-204.47, 1-204.48, 1-204.49, 1-204.24a through 1-204.24e, 47-317.06, 1-204.61 through 1-204.65, 1- 204.71 through 1-204.75, 1-204.81, 1-204.85, 1-204.86 and 1- 204.90, 2001 Ed.] of the District of Columbia Code shall be enacted as part of Title 47 upon the adoption by Congress of legislation so enacting these sections."

Prior Codifications

1981 Ed., § 47-130.1.

Effect of Amendments

Pub. L. 107-96 rewrote subsec. (b)(1) which had read as follows:

"(1) In general.--There is established a contingency cash reserve fund (in this subsection referred to as the 'contingency reserve fund') as an interest-bearing account (separate from other accounts in the General Fund) into which the Mayor shall deposit in cash not later than October 1 of each fiscal year (beginning with fiscal year 2005) such amount as may be required to maintain a balance in the fund of at least 3 percent of the total budget appropriated for operating expenditures for such fiscal year which is derived from local funds (or, in the case of fiscal years prior to fiscal year 2007, such amount as may be required to maintain a balance in the fund of at least the minimum contingency reserve balance for such fiscal year, as determined under paragraph (2) of this subsection)."

Pub. L. 108-335 rewrote pars. (1), (2), and (7) of subsec. (a), and rewrote pars. (1), (2), and (6) of subsec. (b), all of which had read as follows:

"(1) In general. -- There is established an emergency cash reserve fund (in this subsection referred to as the 'emergency reserve fund') as an interest-bearing account (separate from other accounts in the General Fund) into which the Mayor shall deposit in cash not later than February 15 of each fiscal year (or not later than October 1, 2000, in the case of fiscal year 2001) such amount as may be required to maintain a balance in the fund of at least 4 percent of the total budget appropriated for operating expenditures for such fiscal year which is derived from local funds (or, in the case of fiscal years prior to fiscal year 2004, such amount as may be required to maintain a balance in the fund of at least the minimum emergency reserve balance for such fiscal year, as determined under paragraph (2) of this subsection)."

"(2) Determination of minimum emergency reserve balance. --

"(A) In general. -- The 'minimum emergency reserve balance' with respect to a fiscal year is the amount equal to the applicable percentage of the total budget appropriated for operating expenditures for such fiscal year which is derived from local funds.

"(B) Applicable percentage defined. -- In subparagraph (A) of this paragraph, the 'applicable percentage' with respect to a fiscal year means the following:

"(i) For fiscal year 2001, 1 percent.

"(ii) For fiscal year 2002, 2 percent.

"(iii) For fiscal year 2003, 3 percent."

"(7) Replenishment. -- The District of Columbia shall appropriate sufficient funds each fiscal year in the budget process to replenish any amounts allocated from the emergency reserve fund during the preceding fiscal year by the following fiscal year. Once the emergency reserve equals 4 percent of total budget appropriated from local funds for operating expenditures for the fiscal year, the District of Columbia shall appropriate sufficient funds each fiscal year in the budget process to replenish any amounts allocated from the emergency reserve fund during the preceding year to maintain a balance of at least 4 percent of total funds appropriated from local funds for operating expenditures by the following fiscal year."

"(1) In general. -- There is established a contingency cash reserve fund (in this subsection referred to as the 'contingency reserve fund') as an interest-bearing account (separate from other accounts in the General Fund) into which the Mayor shall deposit in cash not later than October 1 of each fiscal year (beginning with fiscal year 2002) such amount as may be required to maintain a balance in the fund of at least 3 percent of the total budget appropriated for operating expenditures for such fiscal year which is derived from local funds (or, in the case of fiscal years prior to fiscal year 2007, such amount as may be required to maintain a balance in the fund of at least the minimum contingency reserve balance for such fiscal year, as determined under paragraph (2) of this subsection)."

"(2) Determination of minimum contingency reserve balance. --"

"(A) In general. -- The 'minimum contingency reserve balance' with respect to a fiscal year is the amount equal to the applicable percentage of the total budget appropriated from local funds for operating expenditures for such fiscal year which is derived from local funds.

"(B) Applicable percentage defined. -- In subparagraph (A) of this paragraph, the 'applicable percentage' with respect to a fiscal year means the following:

"(i) For fiscal year 2002, 0 percent.

"(ii) For fiscal year 2003, 0 percent.

"(iii) For fiscal year 2004, 0 percent.

"(iv) For fiscal year 2005, 1 percent.

"(v) For fiscal year 2006, 2 percent."

"(6) Replenishment. -- The District of Columbia shall appropriate sufficient funds each fiscal year in the budget process to replenish any amounts allocated from the contingency reserve fund during the preceding fiscal year by the following fiscal year. Once the contingency reserve equals 3 percent of total funds appropriated from local funds for operating expenditures, the District of Columbia shall appropriate sufficient funds each fiscal year in the budget process to replenish any amounts allocated from the contingency reserve fund during the preceding year to maintain a balance of at least 3 percent of total funds appropriated from local funds for operating expenditures by the following fiscal year."

Pub. L. 109-356, in the heading of subsecs. (a)(2) and (b)(2), substituted "Operating expenditures defined" for ''In general"; in subsec. (a)(7), designated subpar. (A) and added subpar. (B); in subsec. (b)(6), designated subpar. (A) and added subpar. (B); redesignated former subsec. (c) as subsec. (d); and inserted a new subsec. (c).

Temporary Addition of Section

Section 103 of D.C. Law 17-326 added provisions to read as follows:

"Sec. 103. Operating Cash Reserve fund; establishment.

"(a) The Chief Financial Officer shall create a special fund designated as the Operating Cash Reserve ('OCR') fund into which $46 million in fiscal year 2009 shall be designated for the following purposes:

"(1) An amount of $15.491 million from the Department of Housing and Community Development for the following programs:

"(A) An amount of $11 million to expand down-payment assistance for over 500 first-time home buyers;

"(B) An amount of $592,000 for nonpersonal services for the Housing Regulation Administration; and

"(C) An amount of $3.899 million to create a land-acquisition fund for direct investment in affordable housing development projects.

"(2) An amount of $7.129 million from the Department of Human Services for Housing First wrap-around services and supportive housing for at-risk homeless;

"(3) An amount of $200,000 from the Department of Public Works for the following programs:

"(A) An amount of $100,000 for the Anti-Graffiti Mural Support Program Fund; and

"(B) An amount of $100,000 for the anti-graffiti paint to be used in conjunction with alley-cutback and graffiti removal programs;

"(4) An amount of $9 million from the Pay-As-You-Go Capital Fund for the following programs:

"(A) An amount of $500,000 for the creation of a nonlapsing fund for the Pedestrian and Bicycle Safety and Enhancement Fund;

"(B) An amount of $3.2 million to the Department of Housing and Community Development for Home Again;

"(C) An amount of $4.5 million to the Department of Human Services for the case-management system;

"(D) An amount of $400,000 to the District Department of Transportation for repair and maintenance to curbs, sidewalks, and alleys, and Square 394/Lot 59 paving and drainage in the easement; and

"(E) An amount of $400,000 to the District Department of Transportation for repair and maintenance to curbs and sidewalks from the prior year carryover;

"(5) An amount of $3.557 million from the Deputy Mayor for Planning and Economic Development for the following programs:

"(A) An amount of $2.279 million to expand the New Communities human capital;

"(B) An amount of $588,000 to develop a database for tracking the affordable-housing pipeline;

"(C) An amount of $500,000 to the Ward 4 BID Demonstration Project and capital improvement grants to businesses on Georgia Avenue and Kennedy Street, N.W.; and

"(D) An amount of $190,000 to the Ward 4 BID Demonstration Project and capital improvements to Georgia Avenue in Ward 1;

"(6) An amount of $442,000 from the District of Columbia Public Library to upgrade branch library furniture, fixtures, and equipment;

"(7) An amount of $191,000 from the Department of Health to perform a feasibility analysis of residential substance abuse treatment facilities; and

"(8) An amount of $10 million from the Committee on Health to be used for the Health Programs Contingency Fund reserved for health-related one-time expenditure needs from savings identified by the Committee on Health.

"(b)(1) In fiscal year 2009, no funds shall be transferred from the OCR fund until release of the February revised revenue estimate and approval by Counsel of the use of the OCR funds.

"(2) The Council shall approve by act the use of OCR funds.

"(c) Following fiscal year 2009:

"(1) The amount of $46 million shall be placed into the OCR fund in fiscal year 2010;

"(2) The amount of $48 million shall be placed into the OCR fund in fiscal year 2011; and

"(3) The amount of $50 million shall be placed into the OCR fund in fiscal year 2012."

Section 402(b) of D.C. Law 17-326 provides that the act shall expire after 225 days of its having taken effect.

Emergency Act Amendments

For temporary (90 day) addition, see § 102 of Fiscal Year 2009 Balanced Budget Support Emergency Amendment Act of 2008 (D.C. Act 17-572, December 2, 2008, 55 DCR 12452).

For temporary (90 day) detail of purpose of expenditures, see § 2 of Use of the Reserve Funds Omnibus Emergency Act of 2002 (D.C. Act 14-360, April 30, 2002, 49 DCR 4724).

For temporary (90 day) addition, see § 103 of Fiscal Year 2009 Balanced Budget Support Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-13, February 23, 2009, 56 DCR 1920).

Effective Dates

Section 122(b) of Pub. L. 109-356 provides that the amendment made by subsection (a) shall take effect as if included in the enactment of the District of Columbia Appropriation Act, 2005 [Pub. L. 108-335].

Miscellaneous Notes

Section 404(c) of Chapter 4 of Division A of H.R. 5666 provides:

"(c)(1) The Mayor of the District of Columbia shall deposit the annual interest savings resulting from debt reductions using the proceeds of the tobacco securitization program into the emergency reserve fund established under section 450A of the District of Columbia Home Rule Act (as added by section 159 of the District of Columbia Appropriations Act, 2001).

"(2) This subsection shall apply with respect to fiscal year 2001 and each succeeding fiscal year until the requirements of section 450A of the District of Columbia Home Rule Act have been met."

Prior Codifications

1981 Ed., § 47-130.2.

Emergency Act Amendments

For temporary (90 day) approval of financial management policy, see § 2 of FY 2001 Comprehensive Financial Management Policy Approval Emergency Act of 2002 (D.C. Act 14-342, April 26, 2002, 49 DCR 4293).

For temporary (90 day) amendment of section, see § 1802 of Fiscal Year 2003 Budget Support Emergency Act of 2002 (D.C. Act 14-453, July 23, 2002, 49 DCR 8026).

Miscellaneous Notes

Section 154 (c) of Public Law 106-522 provides: "This section and the amendments made by this section shall take effect on October 1, 2000."

Section 1802 of D.C. Law 14-190 provides: "Pursuant to section 450B of the District of Columbia Home Rule Act, approved November 22, 2000 (114 Stat. 2475; D.C. Official Code § 1-204.50b), the Council hereby approves the FY 2002 Comprehensive Financial Management Policy approved by the Mayor and transmitted to the Council on March 18, 2002."

Short title of title XVIII of Law 14-190: Section 1801 of D.C. Law 14-190 provided that title XVIII of the act may be cited as the FY 2002 Comprehensive Financial Management Policy Approval Act of 2002.

Prior Codifications

1981 Ed., § 1-1130.

1973 Ed., § 1-825.

Emergency Act Amendments

For temporary approval of a multiyear contract with the United States of America for potable water from the Washington Aqueduct, see § 2 of the Multiyear Water Purchase Agreement Emergency Amendment Act of 1997 (D.C. Act 12-116, July 28, 1997, 44 DCR 4504).

References in Text

The "Water and Sewer Authority Establishment and Department of Public Works Reorganization Act of 1996," referred to in (d)(2), is D.C. Law 11-111, which is codified primarily as § 34-2201.01 et seq.

Resolutions

Resolution 13-166, the "Support Agreement No. 12, Amendment 4 (Authorization of Fiscal Year 1999 School Facility Capital Improvement Projects) Emergency Approval Resolution of 1999", was approved effective June 22, 1999.

Resolution 13-172, the "$3.1 Million Community Development Block Grant for the Greater Southeast Community Hospital Foundation Emergency Approval Resolution of 1999", was approved effective June 22, 1999.

Miscellaneous Notes

415 12th Street, N.W. lease approval: For temporary approval of the lease agreement between the District of Columbia government and Laszlo N. Tauber, M.D., and Associates for 415 12th Street, N.W., and for exemption of the lease from the formal competitive procurement requirements applicable to leases where the District government will be the predominant user of the building, see §§ 2 and 3 of the 415 12th Street, N.W., Lease Conditional Approval Emergency Act of 1995 (D.C. Act 11-140, July 19, 1995, 42 DCR 5606).

800 Ninth Street, S.W. lease approval: For temporary approval of a lease agreement between the District of Columbia government and NBL Associates Limited Partnership for 800 Ninth Street, S.W., and for exemption of this lease from the formal competitive procurement requirements applicable to leases where the District will be the predominant user of the building, see §§ 2 and 3 of the 800 Ninth Street, S.W., Lease Approval Emergency Act of 1995 (D.C. Act 11- 141, October 6, 1995, 42 DCR 5704).

Applicability of § 304 of Pub. Law 104-8: Section 304(c) of Pub. Law 104-8, 109 Stat. 152, provided that the amendments made by that section shall apply to contracts made on or after the date of the enactment of the Act, April 17, 1995.

Application of § 11704(a) of Pub. L. 105-33: Section 11704(b) of Title XI of Pub. L. 105-33, 111 Stat. 786, the National Capital Revitalization and Self-Government Improvement Act of 1997, provided that the amendment made by § 11704(a) shall apply with respect to contracts entered into on or after the date of the enactment of this title. Title XI of Pub. L. 105-33 was approved August 5, 1997.

Definitions applicable: The definitions contained in § 1-202 apply to this section.

Prior Codifications

1981 Ed., § 31-104.

1973 Ed., § 31-104-1.

Emergency Act Amendments

For a proposed temporary (90 day) amendment of section, see § 352 of Fiscal Year 2004 Budget Support Emergency Act of 2003 (D.C. Act 15-105, June 20, 2003, 50 DCR 5613).

For a proposed temporary (90 day) amendment of section, see § 352 of Fiscal Year 2004 Budget Support Congressional Review Emergency Act of 2003 (D.C. Act 15-149, September 22, 2003, 50 DCR 8360).

Effective Dates

Section 9 of Pub. L. 108-386, 118 Stat. 2228, the 2004 District of Columbia Omnibus Authorization Act, provides that: "The amendments made by this section shall take effect on the date of the enactment of this Act."

Editor's Notes

In sections 901 to 903 of Law 17-9 the Council of the District of Columbia requested that Congress repeal this section.

Change in Government

This section originated at a time when local government powers were delegated to the District of Columbia Council and to a Commissioner of the District of Columbia. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 (D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act (D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.

Miscellaneous Notes

Section 353 of D.C. Law 15-39, as amended by D.C. Law 15-354, § 80, provides:   "Section 352 of this subtitle shall take effect upon enactment into law by the United States Congress."  Public Law 108-386 represents the enactment of § 352 of D.C. Law 15-39.

Prior Codifications

1981 Ed., § 47-304.1.

1981 Ed., § 31-104.1.

Effective Dates

Section 157(e)(1) of Pub. L. 105-100, 111 Stat. 2187, the District of Columbia Appropriations Act, 1998, provided that the amendment is effective as if included in the enactment of Pub. L. 105-33, 111 Stat. 251, the Balanced Budget Act of 1997.

References in Text

The "Council's rules," referred to in (b)(3), are the Rules of Organization and Procedure for the Council of the District of Columbia which are set out in the supplement as a note following § 1-204.04.

Miscellaneous Notes

Enactment upon adoption of federal legislation: Section 4 of D.C. Law 11-254 provided that "§§ 47-101, 47-117, 47-130, 47-301, 47-302, 47-303, 47-304, 47- 304.1, 47-305, 47-310, 47-312, 47-317.1 through 47-317.6, 47-321 through 47- 325, 47-327 through 47-331, and 47-332 through 47-334 of Title 47 [§§ 1- 204.41, 1-204.55, 1-204.50, 1-204.42, 1-204.43, 1-204.44, 1- 204.46, 1-204.53, 1-204.47, 1-204.48, 1-204.49, 1-204.24a through 1-204.24e, 47-317.06, 1-204.61 through 1-204.65, 1- 204.71 through 1-204.75, 1-204.81, 1-204.85, 1-204.86 and 1- 204.90, 2001 Ed.] of the District of Columbia Code shall be enacted as part of Title 47 upon the adoption by Congress of legislation so enacting these sections."