§ 47-392.02. Process for submission and approval of financial plan and annual District budget.

Prior Codifications

1981 Ed., § 47-392.2.

Effect of Amendments

Public Law 106-113 rewrote subsec. (j) which formerly provided:

"(j) Reserve. Beginning with fiscal year 2000, the plan or budget submitted pursuant to this Act shall contain $150,000,000 for a reserve to be established by the Chief Financial Officer for the District of Columbia and the District of Columbia Financial Responsibility and Management Assistance Authority; provided, that the reserve shall only be expended according to criteria established by the Chief Financial Officer and approved by the District of Columbia Financial Responsibility and Management Assistance Authority."

Public Law 106-522 further amended subsec. (j) by striking in paragraph (1) "Beginning with fiscal year 2000, the plan or budget submitted pursuant to this Act" and inserting "For each of the fiscal years 2000 through 2004, the budget of the District government for the fiscal year"; and by adding at the end the new paragraph (4) pertaining to replenishment.

Public Law 107-96 rewrote subsec. (j) which formerly provided:

"(j) Reserve. --

"(1) In general. -- For each of the fiscal years 2000 through 2004, the budget of the District government for the fiscal year shall contain $150,000,000 for a reserve to be established by the Mayor, Council of the District of Columbia, Chief Financial Officer for the District of Columbia, and the District of Columbia Financial Responsibility and Management Assistance Authority.

"(2) Conditions on use. -- The reserve funds:

"(A) Shall only be expended according to criteria established by the Chief Financial Officer and approved by the Mayor, Council of the District of Columbia, and District of Columbia Financial Responsibility and Management Assistance Authority, but, in no case may any of the reserve funds be expended until any other surplus funds have been used;

"(B) Shall not be used to fund the agencies of the District of Columbia government under court ordered receivership; and

"(C) Shall not be used to fund shortfalls in the projected reductions budgeted in the budget proposed by the District of Columbia government for general supply schedule savings and management reform savings.

"(3) Report requirement. -- The Authority shall notify the Appropriations Committees of both the Senate and House of Representatives in writing 30 days in advance of any expenditure of the reserve funds.

"(4) Replenishment. -- Any amount of the reserve funds which is expended in one fiscal year shall be replenished in the reserve funds from the following fiscal year appropriations to maintain the $150,000,000 balance."

D.C. Law 17-360 added subsec. (j-1).

D.C. Law 18-111, in subsec. (j-1)(3)(A), substituted "that not less than $25 million" for "that $25 million"; and, in subsec. (j-1)(4), substituted "Cash Reserve, including the $25 million specified in paragraph 3(A)) of this subsection," for "Cash Reserve".

D.C. Law 18-223 rewrote subsecs. (f) and (j-1); and added subsecs. (j-2), (j-3), and (j-4). Prior to amendment, subsecs. (f) and (j-1) read as follows:

"(f) [Omitted]."

"(j-1) Operating Cash Reserve. --

"(1) The Chief Financial Officer shall create a segregated account within the General Fund to be designated as the Operating Cash Reserve.

"(2) The operating cash reserve shall be:

"(A) The amount of $46 million in fiscal year 2009;

"(B) The amount of $46 million in fiscal year 2010;

"(C) The amount of $48 million in fiscal year 2011; and

"(D) The amount of $50 million in fiscal year 2012.

"(3)(A) Beginning October 1, 2009, on or after October 1st of each fiscal year, the Chief Financial Officer shall certify that funds from the Operating Cash Reserve are available for expenditure for one-time spending needs, through the submission and approval of a supplemental budget; provided, that not less than $25 million remains in the Operating Cash Reserve and the Chief Financial Officer determines that it is unlikely that the Washington Metropolitan Area Transit Authority Fund Act of 2006, effective June 6, 2008 (D.C. Law 16-132; 53 DCR 4727) ('WMATA Fund Act'), shall become applicable prior to March 31st.

"(B) The amounts shall be obligated or expended in accordance with laws enacted by the Council in support of each such obligation or expenditure.

"(C) The amounts may not be used to fund the agencies of the District of Columbia government under court-ordered receivership.

"(D) The amounts may be obligated or expended only if the Mayor notifies the Committees on Appropriations of the House of Representatives and Senate in writing 30 days in advance of any obligation or expenditure.

"(4) On or after April 1st of each fiscal year, the Chief Financial Officer shall certify that all remaining funds in the Operating Cash Reserve, including the $25 million specified in paragraph 3(A) of this subsection, are available for expenditure for one-time spending needs, through the submission and approval of a supplemental budget, if the Chief Financial Officer determines that it is unlikely that the WMATA Fund Act shall become applicable prior to September 30th."

"(5) When the Chief Financial Officer certifies that the applicability provision of the WMATA Fund Act has been satisfied, the Mayor shall transfer from the Operating Cash Reserve all funds required by the WMATA Fund Act, by a reprogramming, to the budget of the Washington Metropolitan Area Transit Authority.

"(6) Upon the approval of the reprogramming required by paragraph (5) of this subsection, this subsection shall sunset."

D.C. Law 18-370, in subsec. (f)(3), substituted "December 7, 2010" for "May 26, 2010".

D.C. Law 19-21, in subsec. (f)(2), substituted "2013" for "2012"; and, in subsec. (f)(3), substituted "May 24, 2011" for "May 26, 2010".

D.C. Law 19-168, in subsec. (f)(2), substituted "2016" for "2013"; and, in subsec. (f)(3), substituted "May, 2015" for "May 24, 2011".

Temporary Addition of Section

For temporary (225 day) addition, see § 302 of Fiscal Year 2003 Budget Support Temporary Act of 2003 (D.C. Law 15-25, July 22, 2003, law notification 50 DCR 6095).

Emergency Act Amendments

For temporary (90-day) authorization of medical assistance expansion program, see § 2002 of the Service Improvement and Fiscal Year 2000 Budget Support Emergency Act of 1999 (D.C. Act 13-110, July 28, 1999, 46 DCR 6320).

For temporary (90 day) detail of expenditures, see §§ 2 to 4 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) detail of purpose of expenditures, see § 2 of Use of the Fiscal Year 2002 Reserve Funds Emergency Act of 2002 (D.C. Act 14-393, June 25, 2002, 49 DCR 6091).

For the temporary (90 day) reallocation of prior budgeted reserve funds, see § 302 of the Fiscal Year 2003 Budget Support Congressional Review Emergency Act of 2003 (D.C. Act 15-97, June 20, 2003, 50 DCR 5472).

For temporary (90 day) funding allocation for youth development strategy and public safety purposes, see § 401 of Crime Reduction Initiative Emergency Amendment Act of 2006 (D.C. Act 16-491, October 19, 2006, 53 DCR 8818).

For temporary (90 day) amendment of section, see § 7081(c) of Fiscal Year 2010 Budget Support Emergency Act of 2009 (D.C. Act 18-187, August 26, 2009, 56 DCR 7374).

For temporary (90 day) amendment of section 3a of D.C. Law 17-360, see § 7031 of Fiscal Year 2010 Budget Support Second Emergency Act of 2009 (D.C. Act 18- 207, October 15, 2009, 56 DCR 8234).

For temporary (90 day) amendment of section, see § 7211(c) of Fiscal Year 2010 Budget Support Second Emergency Act of 2009 (D.C. Act 18-207, October 15, 2009, 56 DCR 8234).

For temporary (90 day) amendment of section 3a of D.C. Law 17-360, see § 7031 of Fiscal Year Budget Support Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-260, January 4, 2010, 57 DCR 345).

For temporary (90 day) amendment of section, see § 7211(c) of Fiscal Year Budget Support Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-260, January 4, 2010, 57 DCR 345).

For temporary (90 day) amendment of section, see § 7162 of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).

For temporary (90 day) amendment of section, see § 791 of Fiscal Year 2011 Supplemental Budget Support Emergency Act of 2010 (D.C. Act 18-694, January 19, 2011, 58 DCR 662).

For temporary (90 day) amendment of section, see § 7012(a)(3) of Fiscal Year 2012 Budget Support Emergency Act of 2011 (D.C. Act 19-93, June 29, 2011, 58 DCR 5599).

For temporary (90 day) amendment of section, see § 8008 of Fiscal Year 2013 Budget Support Emergency Act of 2012 (D.C. Act 19-383, June 19, 2012, 59 DCR 7764).

For temporary (90 day) amendment of section, see § 8008 of Fiscal Year 2013 Budget Support Congressional Review Emergency Act of 2012 (D.C. Act 19-413, July 25, 2012, 59 DCR 9290).

Legislative History of Laws

Law 12-264, the "Technical Amendments Act of 1998," was introduced in Council and assigned Bill No. 12-804, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on November 10, 1998, and December 1, 1998, respectively. Signed by the Mayor on January 7, 1999, it was assigned Act No. 12-626 and transmitted to both Houses of Congress for its review. D.C. Law 12-264 became effective on April 20, 1999.

For Law 17-360, see notes following § 47-334.

For Law 18-111, see notes following § 47-305.02.

For Law 18-223, see notes following § 47-355.05.

For history of Law 18-370, see notes under § 47-143.

For history of Law 19-21, see notes under § 47-305.02.

For history of Law 19-168, see notes under § 47-355.01.

Effective Dates

Section 133(b) and (c) of Pub. L. 107-96 provide:

"(b) Effective date. -- The amendment made by subsection (a) shall take effect October 1, 2001.

"(c) Conforming amendments. -- Section 159(c) of the District of Columbia Appropriations Act, 2001 (Public Law 106-522; 114 Stat. 2482) is amended to read as follows:

"(c) Effective Date. --

"(1) In general. -- Except as provided in paragraph (2), this section and the amendments made by this section shall take effect on October 1, 2000.

"(2) Repeal of positive fund balance requirement. -- The amendment made by subsection (b)(2) shall take effect October 1, 1999.

"(3) Transfer of funds. -- All funds identified by the District government pursuant to section 148 of Public Law 106-113, as reflected in the certified annual financial report for fiscal year 2000, shall be deposited during fiscal year 2002 into the Emergency and Contingency Reserve Funds established pursuant to section 159 of Public Law 106-522, during fiscal year 2002."

References in Text

Section 450A of the District of Columbia Home Rule Act, referred to in subsec. (j)(2), is Pub. L. 93-198, title IV, § 450A, which is classified to § 1- 204.50a.

Editor's Notes

Prior to the addition of (i) by Pub. L. 105-33, (e) was the last subsection of this section. Public Law 105-33 made no disposition with respect to (f), (g), and (h), so those subsections have been set out as "Omitted."

Miscellaneous Notes

Application of § 11603(b) of Pub. L. 105-33: Section 11603(c) of title XI of Pub. L. 105-33, 111 Stat. 779, the National Capital Revitalization and Self-Government Improvement Act of 1997, provided that the amendment made by § 11603(b) shall apply with respect to fiscal years beginning with fiscal year 1998.

Section 2002 of D.C. Law 13-38 provides:

"(a) Pursuant to section 155 of the District of Columbia Appropriations Act, 1999, approved October 21, 1998 (Pub. L. No. 105-277; 112 Stat. 2681[171]), the District shall have a reserve in the amount of $150 million ('Reserve').

"(b) The criteria for spending from this Reserve are to ensure budget balance in case of a shortfall in revenue, or to provide flexibility to fund such expenditures as nonrecurring initiatives that support sustainable and measurable increases in revenues through enhanced service delivery, that reduce costs, that are unforeseen demands on District spending, or that constitute an investment in fostering the District's economic well-being. The District shall spend the funds from the Reserve in such a way that an appropriate balance is available in the 1st, 2nd, and 3rd quarters to ensure balance between revenues and expenditures at year end. Under no circumstances should the budgeted Reserve serve to provide resources to agencies to allow them to overspend their budget.

"(c) In accordance with the criteria set forth in subsection (b) of this section, funds from the Reserve shall be applied in the following order:

"(1) To ensure budget balance in case of a shortfall in revenue;

"(2) To expenditures that are identified in subsection (d) of this section;

"(3) To expenditures that reduce the District's long-term debt; and

"(4) To other expenditures that meet the criteria set forth in subsection (b) of this section.

"(d) The following expenditures shall be funded from the reserve in Fiscal Year 2000:

"(1) $60,000 to the Council, to hire an independent consultant to negotiate a contract between the District and the Health and Hospitals Public Benefit Corporation for services for uninsured residents;

"(2) $1,000,000 to the Office of the Mayor, to fund one-time program enhancements;

"(3) $4,100,000 to the Office of the City Administrator, including $1 million in one-time program enhancements and $3.1 million for non-personal services expenditures, to support planning for managed competition, including activity-based costing;

"(4) $3,700,000 to the Department of Employment Services, to fund youth-related programs;

"(5) $5,833,000 to the Department of Consumer and Regulatory Affairs, to fund one-time neighborhood stabilization programs;

"(6) $850,000 to the Department of Corrections, to fund one-time funding for a physical plant;

"(7) $18,000,000 to District of Columbia Public Schools, to fund selected special education placements and the LaShawn Receivership;

"(8) $3,000,000 to the University of the District of Columbia, to fund one-time technology enhancements;

"(9) $1,227,000 to the Public Library, to fund one-time non-personal service increases;

"(10) $1,246,000 to the Department of Human Services, to fund one-time expenditures;

"(11) $996,000 to the Department of Health, to fund one-time expenditures;

"(12) $15,000,000 to the Children and Youth Initiative, to fund one-time program enhancements;

"(13) $5,257,000 to the LaShawn Receiver, including $3,100,000 to fund one-time youth programs, and $2,157,000 to bring it to full funding;

"(14) $1,000,000 to the Mental Health Receiver, to fund one-time expenditures;

"(15) $11,540,000 to the Department of Public Works, to fund one-time program enhancements;

"(16) $1,542,000 to the Department of Motor Vehicles, to fund one-time motor vehicle information system enhancements; and

"(17) $16,050,000 to the Tobacco Settlement Trust Fund, reflecting a transfer to create the Trust Fund."

Section 3a of D.C. Law 17-360, as added by section 7031 of D.C. Law 18-111, provides:

"Sec. 3a. Applicability.

"Section 2(d) [of D.C. Law 17-360] shall take effect subject to the inclusion of its fiscal effect in an approved budget and financial plan.".

Short title: Section 7161 of D.C. Law 18-223 provided that subtitle Q of title VII of the act may be cited as the "Sustainable Capital Investment and Fund Balance Restoration Act of 2010".

Short title: Section 791 of D.C. Law 18-370 provided that subtitle J of title VII of the act may be cited as "Budget Support Act Technical Amendment Act of 2010 Emergency Amendment Act of 2010".

Section 794 of D.C. Law 18-370 provides:

"Sec. 794. This subtitle shall apply as of January 3, 2011."