§ 47–368.06. Limitation on grant-making authority.

(a) An agency with grant-making authority shall not issue grants using any funds it receives through a memorandum of understanding or a reprogramming from any agency that does not have grant-making authority.

(b) Notwithstanding subsection (a) of this section, an agency with grant-making authority may issue grants using any funds it receives through an intra-District transfer, a memorandum of understanding, or a reprogramming from an agency that does not have grant-making authority for purposes of the following:

(1) Effectuating the Hospital and Medical Services Corporation Regulatory Amendment Act of 2009, passed on 4th reading on September 22, 2009 (Enrolled version of Bill 18-203) [Subtitle N of D.C. Law 18-111, which added § 31-3514.02(d)]; and

(2) Implementing projects and programs funded by the Nursing Facility Quality of Care Fund, established by § 47-1262.

(Mar. 3, 2010, D.C. Law 18-111, § 1121(b), 57 DCR 181; Sept. 21, 2022, D.C. Law 24-167, § 7002(c), 69 DCR 009223.)

Section References

This section is referenced in § 1-328.02 and § 1-328.05.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 7002(c) of Fiscal Year 2023 Budget Support Emergency Act of 2022 (D.C. Act 24-470, July 13, 2022, 69 DCR 008707).

For temporary (90 days) creation of § 47-368.07, see § 202(b) of Fiscal Year 2018 Budget Support Clarification Emergency Amendment Act of 2017 (D.C. Act 22-163, Oct. 23, 2017, 64 DCR 10778).

For temporary (90 day) addition, see § 1121(b) 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) addition, see § 1121(b) 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) additions, see §§ 2 to 4 of Executive Grant-Making Authority Limitation Emergency Act of 2009 (D.C. Act 18-280, January 13, 2010, 57 DCR 945).

For temporary (90 day) addition of section, see § 7063 of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).

Temporary Legislation

For temporary (225 days) addition of section § 47-368.07, see § 202(b) of Fiscal Year 2018 Budget Support Clarification Temporary Amendment Act of 2017 (D.C. Law 22-44, Jan. 25, 2018, 64 DCR 12387).

Section 2 of D.C. Law 18-120 provided clarification of the fiscal year 2010 limited grant-making authority.

Sections 2 through 4 of D.C. Law 18-138 provided limitations on the Mayor’s grant-making authority, including limitations on Executive agencies and independent Executive branch agencies.

Short Title

Short title: Section 1120 of D.C. Law 18-111 provided that subtitle M of title I of the act may be cited as the “Grant-Making Authority Act of 2009”.

Short title: Section 7061 of D.C. Law 18-223 provided that subtitle G of title VII of the act may be cited as the “FY 2011 Capital Projects Modification Act of 2010”.

References in Text

The Hospital and Medical Services Corporation Regulatory Amendment Act of 2009, referred to in subsec. (b)(1), is subtitle N of title V of D.C. Law 18-111, §§ 5130, 5131, which amended § 31-3514.02.

Editor's Notes

Section 7063 of D.C. Law 18-223 provided: “Sec. 7063. Grant-making authority for Ft. Lincoln and Lincoln Theater capital projects.

“The Deputy Mayor for Planning and Economic Development shall have grant-making authority for the purpose of providing funds to implement capital projects for the Ft. Lincoln and the Lincoln Theater capital projects.”