§ 1–204.46b. Acceptance of grant amounts not included in annual budget.

(a) Authority to accept, obligate, and expend amounts. — Notwithstanding § 1-204.46(c), the Mayor, in consultation with the Chief Financial Officer of the District of Columbia may accept, obligate, and expend Federal, private, and other grants received by the District government that are not reflected in the budget as provided in such section.

(b) Conditions. —

(1) Role of chief financial officer; approval by council. — No Federal, private, or other grant may be accepted, obligated, or expended pursuant to subsection (a) until —

(A) the Chief Financial Officer submits to the Council a report setting forth detailed information regarding such grant; and

(B) the Council has reviewed and approved the acceptance, obligation, and expenditure of such grant.

(2) Deemed approval by council. — For purposes of paragraph (1)(B) of this subsection, the Council shall be deemed to have reviewed and approved the acceptance, obligation, and expenditure of a grant if —

(A) no written notice of disapproval is filed with the Secretary of the Council within 14 calendar days of the receipt of the report from the Chief Financial Officer under paragraph (1)(A) of this subsection; or

(B) if such a notice of disapproval is filed within such deadline, the Council does not by resolution disapprove the acceptance, obligation, or expenditure of the grant within 30 calendar days of the initial receipt of the report from the Chief Financial Officer under paragraph (1)(A) of this subsection.

(c) No obligation or expenditure permitted in anticipation of receipt or approval. — No amount may be obligated or expended from the general fund or other funds of the District of Columbia government in anticipation of the approval or receipt of a grant under subsection (b)(2) or in anticipation of the approval or receipt of a Federal, private, or other grant not subject to such subsection.

(d) Adjustments to annual budget. — The Chief Financial Officer may adjust the budget for Federal, private, and other grants received by the District government reflected in the amounts provided in the budget approved by Act of Congress under § 1-204.46, or approved and received under subsection (b)(2) to reflect a change in the actual amount of the grant.

(e) Reports. — The Chief Financial Officer shall prepare a quarterly report setting forth detailed information regarding all Federal, private, and other grants subject to this section. Each such report shall be submitted to the Council and to the Committees on Appropriations of the House of Representatives and Senate not later than 15 days after the end of the quarter covered by the report.

(f) Effective date. — This section shall apply with respect to fiscal year 2006 and each succeeding fiscal year.

(Dec. 24, 1973, 87 Stat. 801, Pub. L. 93-198, title IV, § 446b; as added Oct. 16, 2006, 120 Stat. 2040, Pub. L. 109-356, § 305(a); Mar. 11, 2009, 123 Stat. 696, Pub. L. 111-8, § 808(a); July 25, 2013, D.C. Law 19-321, § 2(f), 60 DCR 1724.)

Section References

This section is referenced in § 1-204.46 and § 44-951.06.

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.”

D.C. Law 19-321 substituted “§ 1-204.46(c)” for “the fourth sentence of § 1-204.46” in (a); and deleted “approved by Act of Congress” following “budget” in (a).

Emergency Legislation

For temporary amendment of (a), see § 2(f) of the Local Budget Autonomy Emergency Amendment Act of 2012 (D.C. Act 19-566, January 7, 2013, 59 DCR 15061, applicable as of January 1, 2014, and effective as provided in § 1-203.03.

Effective Dates

Section 5 of D.C. Law 19-321 provided that the act shall take effect as provided in § 1-203.03.

Section 808(b) of Pub. L. 111-8 provided 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.

Editor's Notes

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.

D.C. Law 19-321 was declared invalid by the United States District Court for the District of Columbia in a memorandum opinion dated May 19, 2014, Civil Action No. 2014-0655. The court held that although the Council of the District of Columbia, the Mayor, and United States District Court for the District of Columbia are powerless to grant to the residents of the District of Columbia full budget autonomy, the United States Congress and the President of the United States are empowered to do so; and concluded that the Budget Autonomy Act was unlawful. See Council of the Dist. of Columbia v. Gray, 42 F. Supp. 3d 134, 2014 U.S. Dist. LEXIS 68055 (2014).

On May 27, 2015, the United States Court of Appeals for the District of Columbia Circuit issued Order No. 14-7067, vacating the lower court’s judgment, dismissing the appeal, and remanding the case to the District Court with instructions to remand the case to the Superior Court of the District of Columbia. See Council of the Dist. of Columbia v. Bowser, 2015 U.S. App. LEXIS 8881 (2015). The amendments contained in D.C. Law 19-321 are codified in this section.

Delegation of Authority

Delegation of Additional Functions to the Office of Partnerships and Grant Services; Grantmaking Made Subject to Policies and Procedures Contained in City-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).