DC Code § 47-363 (2021)
2021 District of Columbia Code|Title 47 - Taxation, Licensing, Permits, Assessments, and Fees. [Enacted title]|Chapter 3 - Budget and Financial Management; Borrowing; Deposit of Funds|Subchapter IV - Reprogramming Policy|§ 47-363. Council approval of reprogrammings

 *NOTE: This section includes amendments by emergency legislation that will expire on November 3, 2021. To view the text of this section after the expiration of all emergency and temporary legislation, click this link: Permanent Version.*   *NOTE: This section has been amended by emergency legislation with identical permanent legislation that will become effective in January, 2022.*  (a) The Mayor shall submit to the Council for approval a reprogramming request that individually or on a cumulative basis would result in a change to the original appropriated authority, along with certification by the Chief Financial Officer of the availability of funds for the reprogramming. The request shall include an analysis of its effect on the budget and on the purposes for which the funds were originally appropriated. (b)(1) Upon receipt of a reprogramming request, the Chairman of the Council shall cause a notice of the request to be published in the District of Columbia Register, together with a statement that the request shall be deemed approved 14 days from the date of its receipt, unless a proposed disapproval resolution is filed prior to that time by a Councilmember, and that if a proposed disapproval resolution is filed, the request shall be deemed approved 30 days from the date of the receipt of the reprogramming request, unless prior to the end of the 30-day review period the Council adopts a resolution of disapproval or approval. (2) The publication of a notice of a reprogramming request shall satisfy the public notice requirements of this section and the rules of the Council and no further notice shall be necessary for the Council to adopt a resolution affecting the request. (3)(A) The Council shall consider the request according to its rules. No request may be submitted to the Chairman of 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 the requests continue to run during such time as the Council is on recess. (B) Notwithstanding subparagraph (A) of this paragraph, a reprogramming request for Fiscal Year 2021 funds may be submitted, and the time period for the consideration of the requests shall continue to run, from July 15, 2021, through August 2, 2021, and from September 7, 2021, through September 30, 2021. (c)(1) If no proposed disapproval resolution of a reprogramming request is filed with the Secretary to the Council (“Secretary”) within 14 days of the receipt of the request from the Mayor, the request shall be deemed approved. (2) If a proposed disapproval resolution is filed with the Secretary within 14 days of receipt of the request from the Mayor, the Council may approve or disapprove the reprogramming request by resolution within 30 days of the receipt of the request from the Mayor. If the Council neither affirmatively approves or disapproves the request within 30 days of the receipt of the request, the request shall be deemed approved. (d) At any time prior to final action by the Council on a reprogramming request, or prior to the date the reprogramming request is deemed approved pursuant to subsection (c) of this section, the Mayor may withdraw the reprogramming request. (e)(1) An operating budget reprogramming request shall include for each budget category from or to which funds are being transferred a list of the funding reductions or additions by: (A) Agency; (B) Program; (C) Activity; (D) Object class; and (E) Funding sources. (2) A capital reprogramming request shall include for each project or subproject from or to which funds are being transferred a list of the funding reductions or additions by: (A) Agency; (B) Project and subproject; and (C) Funding sources. (f)(1) A reverse Paygo action done for the purpose of paying non-capital-eligible expenses, including furniture, fixtures, and equipment, of the same capital project for which Paygo capital funds have been authorized shall not require Council approval; provided, that the Chief Financial Officer shall notify the Budget Director of the Council of the District of Columbia in writing no later than 3 business days after the reverse Paygo action occurs. The notice shall set forth the capital project, amount, and purpose of the reverse Paygo action. (2) All other reverse Paygo actions shall require Council approval pursuant to this section. (g) A reprogramming from the Transportation Infrastructure Project Review Fund established by [§ 50-921.17] to a capital project shall not require Council approval; provided, that the reprogramming shall not modify the purposes for which the reprogrammed funds may be expended. (h)(1) This subchapter shall not apply to a reprogramming from a master capital project in the Highway Trust Fund portion of the District's capital improvements plan to another master capital project in the Highway Trust Fund portion of the District's capital improvements plan, other than as provided in this subsection. (2) At the request of the Mayor, the Chief Financial Officer of the District of Columbia ("CFO") shall reprogram funds between master capital projects in the Highway Trust Fund portion of the District's capital improvements plan; provided, that the reprogramming of funds is consistent with the State Transportation Improvement Plan included in the Transportation Improvement Plan prepared and approved by the Metropolitan Washington Council of Governments National Capital Region Transportation Planning Board; provided further, that the CFO determines that the funds are available for reprogramming. (3) After funds are reprogrammed pursuant to paragraph (2) of this subsection, the director of the implementing agency for the project may obligate and expend the reprogrammed funds.  (Sept. 16, 1980, D.C. Law 3-100, § 4, 27 DCR 3617; Apr. 30, 1982, D.C. Law 4-106, § 2, 29 DCR 1407; Apr. 3, 1984, D.C. Law 5-70, § 2(b), 31 DCR 628; Apr. 30, 1988, D.C. Law 7-104, § 34, 35 DCR 147; Apr. 18, 1996, D.C. Law 11-110, § 52, 43 DCR 530; enacted, Apr. 9, 1997, D.C. Law 11-254,§ 2, 44 DCR 1575; Aug. 5, 1997, 111 Stat. 754, Pub. L. 105-33, § 11245(b); Apr. 20, 1999, D.C. Law 12-264, § 52(e), 46 DCR 2118; Oct. 1, 2002, D.C. Law 14-190, § 102(b), 49 DCR 6968; Feb. 20, 2003, 117 Stat. 129, Pub. L. 108-7, Div. C, title III, § 136; Nov. 13, 2003, D.C. Law 15-39,§ 102, 50 DCR 5668; Mar. 13, 2004, D.C. Law 15-105, § 78, 51 DCR 881; Oct, 20, 2005, D.C. Law 16-33, § 1132, 52 DCR 7503; Mar. 2, 2007, D.C. Law 16-192, § 1002, 53 DCR 6899; Mar. 25, 2009, D.C. Law 17-353, § 209, 56 DCR 1117; Mar. 3, 2010, D.C. Law 18-111, § 1131(c), 57 DCR 181; Apr. 8, 2011, D.C. Law 18-370, § 122(c), 58 DCR 1008; Dec. 13, 2017, D.C. Law 22-33, § 8042(b), 64 DCR 7652; Oct. 30, 2018, D.C. Law 22-168, § 8022, 65 DCR 9388; Aug. 5, 2021, D.C. Act 24-158, § 2, 68 DCR 008014; Aug. 23, 2021, D.C. Act 24-159, § 6002, 68 DCR 008602.)  Prior Codifications 1981 Ed., § 47-363. Effect of Amendments D.C. Law 14-105, in subsec. (a-1)(2), purported to substitute “section, § 47-363.01, and” for “section and” and added a new § 47-363.01. D.C. Law 14-190 added subsec. (i). Section 136 of Public Law 108-7, in subsec. (a-1), added par. (3). D.C. Law 15-39, in subsec. (h), substituted “the thresholds established pursuant to section 109 of the District of Columbia Appropriations Act, 2003, approved February 20, 2003 (Pub. L. 108-7; 117 Stat. 11)” for “$50,000 at the control center level”. D.C. Law 15-105, in subsec. (i)(1), validated a previously made technical correction. D.C. Law 16-33, in subsec. (c), substituted, “$860,000” for “$25,000”. D.C. Law 16-192, in subsec. (c), substituted “$1 million” for “$860,000”. D.C. Law 17-353, in subsec. (e)(1), deleted “and requests pursuant to § 47-364(a)” following “section”; and, in subsec. (h), deleted “and the D.C. General Hospital Commission” preceding “for estimated”. D.C. Law 18-111, in subsec. (a), substituted “any responsibility center, or, in a performance-based agency, of any program or activity of $500,000 or more” for “any responsibility center of more than $400,000”; and rewrote subsec. (c), which had read as follows: “(c) The Mayor shall submit to the Council for approval any reprogramming request(s) which individually or considered on a cumulative basis would result in a movement of funds from 1 capital project to another of more than $1 million in any fiscal year.” D.C. Law 18-370 rewrote the section, which formerly read: “(a) The Mayor shall submit to the Council for approval any reprogramming request(s) which individually or on a cumulative basis would result in a change to the original appropriated or estimated non-appropriated authority of any responsibility center, or, in a performance-based agency, of any program or activity of $500,000 or more or 10% (whichever is less) of the original appropriated or estimated non-appropriated authority in any fiscal year; provided, however, that Council approval shall not be required for any reprogramming of up to $25,000. Council approval is required for any subsequent reprogrammings which individually or considered on a cumulative basis would result in additional changes of more than $100,000 or 10% (whichever is less) of the original appropriated or estimated non-appropriated authority of any responsibility center. “(a-1)(1) The Mayor shall also submit reprogramming requests to the District of Columbia Financial Responsibility and Management Assistance Authority as required by § 47-392.03(c)(1). “(2) The Council may only approve a reprogramming submitted by the Mayor to the Council pursuant to the provisions of this section and § 47-392.03(c)(2). “(3)(A) After the adoption of the annual budget for a fiscal year that is not a control year, no reprogramming of amounts in the budget may occur unless; “(i) The Mayor submits a request for such reprogramming to the Council and the Chief Financial Officer of the District of Columbia; “(ii) The Chief Financial Officer transmits to the Council a statement certifying the availability of funds for the reprogramming and containing an analysis of the effect of the reprogramming on the financial plan and budget for the fiscal year; and “(iii) The Council approves the request after receiving the statement described in sub-sub-paragraph (ii) of this paragraph, but only if any additional expenditures provided under the request are offset by reductions in expenditures for another activity. “(B) If the Chief Financial Officer does not transmit to the Council the statement described in subparagraph (A)(ii) of this paragraph during the 15-day period which begins on the date the Chief Financial Officer receives the request for the reprogramming from the Mayor, the Chief Financial Officer shall be deemed to have transmitted the statement to the Council. Upon written notice to the Mayor and Council, the Chief Financial Officer may extend the time period to transmit the statement and analysis to the Council, not to exceed 10 additional days. “(C) In this paragraph, the term ‘control year’ has the meaning given such term in § 47-393(4). “(b) The Mayor shall submit to the Council for approval any shift(s) in funding among object categories within the same responsibility center which individually exceed $50,000 in any fiscal year. Council approval is required for any subsequent actions which individually would move funds in excess of $50,000 among object categories within the same responsibility center in any fiscal year. “(c) The Mayor shall submit to the Council for approval a reprogramming request when an agency proposes to: “(1) Transfer funds of $500,000 or more in any fiscal year from one capital project or sub-project to another capital project or sub-project; “(2) Transfer funds of $500,000 or more in any fiscal year from one agency to another agency; “(3) Establish a new capital project or sub-project; or “(4) Change the capital project or sub-project description to alter the: “(A) Scope; “(B) Purpose; or “(C) Location. “(d) Notwithstanding the provisions of subsections (a) through (c) of this section, the Mayor shall submit to the Council for approval any reprogramming request(s) which individually or considered on a cumulative basis would result in change to the original appropriated or estimated non-appropriated authority of any responsibility or control centers within the Department of Human Services, by more than $50,000 in any fiscal year. Additional Council approval shall be required for additional reprogrammings which individually or considered on a cumulative basis would result in additional changes of more than $50,000 to the original appropriated or estimated non-appropriated authority of any responsibility centers within the Department of Human Services. “(e)(1) The Mayor shall transmit reprogramming requests as provided in subsections (a), (b), (c), and (d) of this section to the Chairman of the Council, who shall immediately circulate the requests to the members of the Council. “(2) The Council shall consider the request(s) according to its rules. Should no written notice of disapproval of such request(s) be 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 such 14 calendar day period, the request shall be deemed to be approved. Should notice of disapproval be given during such initial 14-calendar day period, the Council may approve or disapprove the reprogramming request by resolution within 30 calendar days of the initial receipt of the request from the Mayor, or such request shall be deemed to be approved. “(3) No request may be submitted to the Chairman of 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 the requests continue to run during such time as the Council is on recess. “(4)(A) Upon receipt of a reprogramming request submitted pursuant to this subchapter, the Chairman of the Council shall cause a ‘notice of a reprogramming request’ to be published in the District of Columbia Register, together with a statement that the request will be deemed approved 14 days from the date of its receipt unless a ‘notice of disapproval’ has been filed prior to that time by any member of the Council, and if such ‘notice of disapproval’ has been filed, that the request will be deemed approved 30 days from the date of the receipt of the reprogramming request unless prior to that time the Council has adopted a resolution of disapproval or approval. “(B) The publication of the ‘notice of a reprogramming request’ pursuant to subparagraph (A) of this paragraph shall satisfy the public notice requirements of this section and the rules of the Council and no further notice shall be necessary for the Council to adopt a resolution affecting the reprogramming request. “(5) At any time prior to final action by the Council on a reprogramming request submitted pursuant to this subchapter, or prior to a reprogramming becoming effective without Council action as provided in this subchapter, the Mayor may withdraw the reprogramming request. “(e-1) Reprogrammings transmitted to the Council pursuant to subsections (a), (b), (c), and (e) of this section shall include a specific listing of responsibility centers and control centers, or both, from which funds are being reduced and a specific listing of responsibility centers and control centers, or both, to which funds are being added. Each separate reprogramming request shall be for the total net sum of zero dollars. “(f) If the Council disapproves a reprogramming request the Mayor may, on a clear showing of changed circumstances, new information, or additional administrative hardship, ask for a reconsideration of the previous action of the Council. The Council may at its discretion reconsider its previous action. “(g) All reprogrammings which occur, regardless of amount, shall be reported by the Mayor to the Council on a monthly basis. A monthly reprogramming summary shall set forth clearly and concisely each reprogramming activity by original object category and new object category. It shall specify the amount of funds shifted and other consequences where appropriate (such as personnel shifts, equipment transfers, etc.). The monthly reprogramming summary shall also include a brief explanation of the administrative necessity that was served by the reprogramming activity. The Mayor shall be responsible for assembling and transmitting the monthly reprogramming summary. The Council committee staff responsible for the budget process shall receive and analyze the monthly reprogramming summary. “(h) The District of Columbia Board of Education, and the Board of Trustees of the University of the District of Columbia shall be excluded for appropriated authority and the District of Columbia Board of Education, the Board of Trustees of the University of the District of Columbia for estimated nonappropriated authority shall be excluded from the provisions of this section; provided, that reprogramming requests in excess of the thresholds established pursuant to section 109 of the District of Columbia Appropriations Act, 2003, approved February 20, 2003 (Pub. L. 108-7; 117 Stat. 122 ), shall be submitted to the Mayor and the Council for review and comment prior to their transmittal to the Congress. “(i)(1) Notwithstanding any other provision in this section, a reprogramming request made as part of performance-based budgeting shall be approved by the Mayor and Council pursuant to § 47-308.01 and this subsection. “(2) A reprogramming for performance-based budgeting shall be made at the program level; provided, that the Office of the Chief Financial Officer shall submit to the Council for approval any performance-based budgeting reprogramming request that moves funds between programs in excess of $840,000 in any fiscal year.” Emergency Legislation  For temporary (90 days) amendment of this section, see § 6002 of Fiscal Year 2022 Budget Support Emergency Act of 2021 (D.C. Act 24-159, Aug. 23, 2021, 68 DCR 008602).   For temporary (90 days) amendment of this section, see § 2 of Recess Reprogramming Emergency Amendment Act of 2021 (D.C. Act 24-158, Aug. 5, 2021, 68 DCR 008014).   For temporary (90 days) amendment of this section, see § 8022 of Fiscal Year 2019 Budget Support Congressional Review Emergency Act of 2018 (D.C. Act 22-458, Oct. 3, 2018, 65 DCR 11212).   For temporary (90 days) amendment of this section, see § 8022 of Fiscal Year 2019 Budget Support Emergency Act of 2018 (D.C. Act 22-434, July 30, 2018, 65 DCR 8200).   For temporary (90 days) amendment of this section, see § 8042(b) of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).   For temporary (90 days) amendment of this section, see § 8042(b) of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).  For purported temporary (90 day) amendment of section, see § 2(b) of Chief Financial Officer Establishment Reprogramming During Non-Control Years Technical Emergency Amendment Act of 2001 (D.C. Act 14-161, November 2, 2001, 48 DCR 10399). For purported temporary (90 day) amendment of section, see § 2 of Chief Financial Officer Establishment Reprogramming During Non-control Years Technical Congressional Review Emergency Amendment Act of 2002 (D.C. Act 14-243, January 28, 2002, 49 DCR 1032). For temporary (90 day) amendment of section, see § 102(b) of Fiscal Year 2003 Budget Support Emergency Act of 2002 (D.C. Act 14-453, July 23, 2002, 49 DCR 8026). For temporary (90 day) amendment of section, see § 102 of Fiscal Year 2004 Budget Support Emergency Act of 2003 (D.C. Act 15-105, June 20, 2003, 50 DCR 5613). For temporary (90 day) amendment of section, see § 102 of Fiscal Year 2004 Budget Support Congressional Review Emergency Act of 2003 (D.C. Act 15-149, September 22, 2003, 50 DCR 8360). For temporary (90 day) amendment of section, see § 3 of Council Review Extension Emergency Amendment Act of 2004 (D.C. Act 15-514, August 2, 2004, 51 DCR 8981). For temporary (90 day) amendment of section, see § 1132 of Fiscal Year 2006 Budget Support Emergency Act of 2005 (D.C. Act 16-168, July 26, 2005, 52 DCR 7667). For temporary (90 day) amendment of section, see § 1002 of Fiscal Year 2007 Budget Support Emergency Act of 2006 (D.C. Act 16-477, August 8, 2006, 53 DCR 7068). For temporary (90 day) amendment of section, see § 1002 of Fiscal Year 2007 Budget Support Congressional Review Emergency Act of 2006 (D.C. Act 16-499, October 23, 2006, 53 DCR 8845). For temporary (90 day) amendment of section, see § 1002 of Fiscal Year 2007 Budget Support Congressional Review Emergency Act of 2007 (D.C. Act 17-1, January 16, 2007, 54 DCR 1165). For temporary (90 day) amendment of section, see § 1002(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, see § 1131(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, see § 1131(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 § 122(c) of Fiscal Year 2011 Supplemental Budget Support Emergency Act of 2010 (D.C. Act 18-694, January 19, 2011, 58 DCR 662). Temporary Legislation For temporary (225 day) amendment of section, see § 2(b) of Chief Financial Officer Establishment Reprogramming During Non-Control Years Technical Temporary Amendment Act of 2001 (D.C. Law 14-67, February 27, 2001, law notification 49 DCR 2277). Short Title Short title of title I of Law 15-39: Section 101 of D.C. Law 15-39 provided that title I of the act may be cited as the Reprogramming Policy Amendment Act of 2003. Short title of subtitle R of title I of Law 16-33: Section 1131 of D.C. Law 16-33 provided that subtitle R of title I of the act may be cited as the Reprogramming Act of 2005. Short title: Section 1001 of D.C. Law 16-192 provided that subtitle A of title I of the act may be cited as the Reprogramming Policy Act of 2006. References in Text Section 47-364(a), which is referred to in (e)(1), was repealed by 109 Stat. 142, Pub. L. 104-8, § 301(b)(2), approved April 17, Effective Dates D.C. Law 14-105 amended D.C. Act 14-89, section 17 of which states the following: “Sec. 17. Effective date. This act shall take effect on the later of: “(1) completion of a 30-day period of Congressional review, as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), following approval by the Mayor (or in the event of veto by the Mayor, action by the Council to override the veto), approval by the Financial Responsibility and Management Assistance Authority as provided in section 203(a) of the District of Columbia Financial Responsibility and Management Assistance Act of 1995, approved April 17, 1995 (109 Stat. 116; D.C. Official Code § 47-392.03(a)), and publication in the District of Columbia Register; or “(2) enactment by Congress of a repeal of section 424 of the District of Columbia Home Rule Act and a repeal of the provisions in sections 448 and 449 of the District of Columbia Home Rule Act which conflict with section 6 of the Independence of the Chief Financial Officer Establishment Act of 2001, passed on 2nd reading on July 10, 2001 (Enrolled version of Bill 14-354).” As of the printing of this supplement, Act 14-89 has not become law. Therefore, the amendments made to Act 14-89 by Law 14-105 have not been given effect. Editor's Notes Allocation of Funds from the Rainy Day Fund to the Washington Convention Center Fund and the Starplex Fund Conditional Approval Resolution of 1994: Pursuant to Resolution 10-453, effective November 1, 1994, the Council conditionally approved the transfer of funds from the Rainy Day Fund to the Washington Convention Center Fund and the Starplex Fund. Approval of Reprogramming from Governmental Direction and Support Agencies to the Department of Administrative Services Emergency Resolution of 1995: Pursuant to Resolution 11-82, effective June 6, 1995, the Council approved, on an emergency basis, the reprogramming, within the Congressionally-approved Fiscal Year 1995 appropriation for Governmental Direction and Support, of $2.9 million from the Offices of the City Administrator, Secretary, Communications, Intergovernmental Relations, Deputy Mayor for Finance and Budget, the Department of Finance and Revenue, within the Department of Administrative Services, and the Board of Elections and Ethics, to the Department of Administrative Services. Resolutions Resolution 14-99, the “Reprogramming of $1,259,000 from the Taxicab Commission and the Department of Motor Vehicles to the Department of Public Works Disapproval Resolution of 2001”, was approved effective May 1, 2001.