D.C. Code § 1-204.46
D.C. Code § 1-204.46
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 provided:
"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."
Section 802 of D.C. Law 14-307 provided: "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."
Section 2202 of Law 15-39 provided:
"(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 in accordance with D.C. Official Code § 47-363."
Section 2502 of D.C. Law 15-39 provided:
"(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."
Section 2802 of D.C. Law 15-39 provided:
"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."
Section 2902 of D.C. Law 15-39 provided:
"(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."
Section 3102 of D.C. Law 15-39 provided:
"(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."
Sections 1002 and 1003 of D.C. Law 15-205 provided:
"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."
Section 1011 of D.C. Law 16-33 provided: "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."
Pub. L. 112-74, Div. C, Title IV, 125 Stat. 902, December 23, 2011, is the District of Columbia Appropriations Act, 2012, 125 Stat. 902, effective December 23, 2011.
Pub. L. 112-74, Div. C, Title VIII, 125 Stat. 940, effective December 23, 2011, also provided for appropriations and use of funds for the District of Columbia.
Applicability of D.C. Law 19-321: Section 3 of D.C. Law 19-321 provided that section 2 of the act shall apply as of January 1, 2014.
In the Fiscal Year 2014 Budget Request Act of 2013, D.C. Act 20-127, the Council of the District of Columbia approved the following expenditure levels and appropriation language for the government of the District of Columbia for the fiscal year ending September 30, 2014.
Section 127 of An Act Making continuing appropriations for the fiscal year ending September 30, 2014, and for other purposes, approved October 17, 2013 ( Pub. L. 113-46; 127 Stat. 558), provided:
"Notwithstanding any other provision of this joint resolution, the District of Columbia may expend local funds under the heading "District of Columbia Funds" for such programs and activities under title IV of H.R. 2786 (113th Congress), as reported by the Committee on Appropriations of the House of Representatives, at the rate set forth under "District of Columbia Funds-Summary of Expenses" as included in the Fiscal Year 2014 Budget Request Act of 2013 (D.C. Act 20-127), as modified as of the date of the enactment of this joint resolution.".
.Borrowing, bond anticipation notes, see § 1-204.75. Borrowing, payment of bonds and notes, see § 1-204.83. Borrowing, revenue bonds and other obligations, see § 1-204.90. Council, legislative procedures, see § 1-204.12. Council, powers and duties, see § 1-204.04. District convention center and sports arena authorization, appropriation necessary for arena preconstruction activities, see § 47-398.03. District convention center and sports arena authorization, expenditure of revenues for activities, see § 47-396.01. Elections, initiatives and referenda, see § 1-1001.16. Financial plan and budget, process for submission and approval, see § 47-392.02. Financial plan and budget, special rules for fiscal year 1996, see § 47-392.08. Financial responsibility and management assistance authority, duties during year other than control year, see § 47-392.21. Financing of retirement benefits, calculation of District payment to funds, see § 1-907.03. Financing of retirement benefits, federal and District payments, determination, certification, see § 1-722. Prison system, transfer to federal authority, expenditure of funds to carry out certain sewage agreements, see § 24-106. Procurement organization, office of the inspector general, powers and duties, reports, see § 2-302.08. Public school funding, hearings, see § 38-917. Self-government, initiatives and referenda, procedure, see § 1-204.102. Water and sewer authority, budget, see § 1-204.45 a. .