Code of the District of Columbia

§ 1–204.46. Enactment of local budget by Council.

(a) Adoption of budgets and supplements. — The Council, within 70 calendar days, or as otherwise provided by law, after receipt of the budget proposal from the Mayor, and after public hearing, and by a vote of a majority of the members present and voting, shall by act adopt the annual budget for the District of Columbia government. The federal portion of the annual budget shall be submitted by the Mayor to the President for transmission to Congress. The local portion of the annual budget shall be submitted by the Chairman of the Council to the Speaker of the House of Representatives pursuant to the procedure set forth in § 1-206.02(c). Any supplements to the annual budget shall also be adopted by act of the Council, after public hearing, by a vote of a majority of the members present and voting.

(b) Transmission to President during control years. — In the case of a budget for a fiscal year which is a control year, the budget so adopted shall be submitted by the Mayor to the President for transmission by the President to the Congress; except, that the Mayor shall not transmit any such budget, or amendments or supplements to the budget, to the President until the completion of the budget procedures contained in this chapter and the District of Columbia Financial Responsibility and Management Assistance Act of 1995 [Pub. L. 104-8].

(c) Prohibiting obligations and expenditures not authorized under budget. — Except as provided in § 1-204.45a(b), § 1-204.46b, § 1-204.67(d), § 1-204.71(c), § 1-204.72(d)(2), § 1-204.75(e)(2), § 1-204.83(d), and subsections (f), (g), (h)(3), and (i)(3) of § 1-204.90, no amount may be obligated or expended by any officer or employee of the District of Columbia government unless —

(1) such amount has been approved by an act of the Council (and then only in accordance with such authorization) and such act has been transmitted by the Chairman to the Congress and has completed the review process under § 1-206.02(c)(3); or

(2) in the case of an amount obligated or expended during a control year, such amount has been approved by an Act of Congress (and then only in accordance with such authorization).

(d) Restrictions on reprogramming of amounts. — After the adoption of the annual budget for a fiscal year (beginning with the annual budget for fiscal year 1995), no reprogramming of amounts in the budget may occur unless the Mayor submits to the Council a request for such reprogramming and the Council approves the request, but and only if any additional expenditures provided under such request for an activity are offset by reductions in expenditures for another activity.

(e) Definition. — In this part, the term “control year” has the meaning given such term in § 47-393(4).


(Dec. 24, 1973, 87 Stat. 801, Pub. L. 93-198, title IV, § 446; Dec. 23, 1981, 95 Stat. 1493, Pub. L. 97-105, § 2; Apr. 17, 1995, 109 Stat. 142, Pub. L. 104-8, § 301(b)(1); Aug. 6, 1996, 110 Stat. 1696, Pub. L. 104-184, § 2(c)(2); Aug. 5, 1997, 111 Stat. 777, Pub. L. 105-33, §§ 11509, 11714(b); Nov. 22, 2000, 114 Stat. 2440, Pub. L. 106-522, § 160(a)(2); Oct. 30, 2004, 118 Stat. 2230, Pub. L. 108-386, § 5; Oct. 16, 2006, 120 Stat. 2021, 2028, 2041, Pub. L. 109-356, §§ 101(b), 121(a), 305(b); July 25, 2013, D.C. Law 19-321, § 2(e), 60 DCR 1724; July 29, 2016, D.C. Law 21-142, 63 DCR 8786.)

Prior Codifications

1981 Ed., § 47-304.

1973 Ed., § 47-224.

Section References

This section is referenced in § 1-204.04, § 1-204.45a, § 1-204.46a, § 1-204.46b, § 1-204.67, § 1-204.71, § 1-204.72, § 1-204.75, § 1-204.83, § 1-204.90, § 1-204.102, § 1-301.86, § 1-301.115a, § 1-722, § 1-907.03, § 1-1001.16, § 1-1162.07, § 1-1163.27, § 7-751.15a, § 7-1617, § 7-2332, § 7-3004, § 24-106, § 31-3171.03, § 34-2152, § 38-2652, § 47-317.03a, § 47-392.02, § 47-392.08, § 47-392.21, § 47-396.01, and § 47-398.03.

Effect of Amendments

Section 160(a)(2) of Public Law 106-522 inserted a reference to subsec. (i) (3) in § 1-204.90.

Pub. L. 108-386, substituted “56” for “50”.

Pub. L. 109-356 made a technical correction to Pub. L. 108-386 by substituting “The Council, within 56 calendar days after receipt of the budget proposal from the Mayor,” for “The Council, within 50 calendar days after receipt of the budget proposal from the Mayor,” in the first sentence; and, in the second sentence, inserted references to §§ 1-204.46a and 1-204.46b.

D.C. Law 19-321 rewrote this section.

Cross References

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 § 1-301.115a.

Public school funding, hearings, see § 38-917.

Self-government, initiatives and referenda, procedure, see § 1-204.102.

Water and sewer authority, budget, see § 1-204.45a.

Short Title

Section 3301 of D.C. Law 14-190 provided that title XXXIII of the act may be cited as the Criteria for Spending Pay-As-You-Go Funding Act of 2002.

Short title of title XXII of Law 15-39: Section 2201 of D.C. Law 15-39 provided that title XXII of the act may be cited as the Metropolitan Police Department Program-Based Budget Act of 2003.

Short title of title XXV of Law 15-39: Section 2501 of D.C. Law 15-39 provided that title XXV of the act may be cited as the Criteria for Spending Pay-As-You-Go Funding Act of 2003.

Short title of title XXVIII of Law 15-39: Section 2801 of D.C. Law 15-39 provided that title XXVIII of the act may be cited as the Department of Employment Services Budget and FTE Authority Act of 2003.

Short title of title XXIX of Law 15-39: Section 2901 of D.C. Law 15-39 provided that title XXIX of the act may be cited as the Contracts Savings Act of 2003.

Short title of title XXXI of Law 15-39: Section 3101 of D.C. Law 15-39 provided that title XXXI of the act may be cited as the Gales School Renovation Approval Act of 2003.

Short title of subtitle A of title I of Law 15-205: Section 1001 of D.C. Law 15-205 provided that subtitle A of title I of the act may be cited as the Criteria for Spending Pay-As-You-Go Funding Act of 2004.

Short title of subtitle C of title I of Law 16-33: Section 1010 of D.C. Law 16-33 provided that subtitle C of title I of the act may be cited as the Criteria for Spending Pay-As-You-Go Contingency Funding Act of 2005.

Effective Dates

Section 9 of Pub. L. 108-386, 118 Stat. 2228, the 2004 District of Columbia Omnibus Authorization Act, provided: “The amendments made by this section shall take effect on the date of the enactment of this Act.”

Section 121(b) of Pub. L. 109-356 provided that the amendment made by subsection (a) shall take effect as if included in the enactment of the 2004 District of Columbia Omnibus Authorization Act [Pub. L. 108-386].

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

Editor's Notes

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.

In the Fiscal Year 2014 Budget Request Act of 2013, D.C. Act 20-127, 60 DCR 11140 , the Council of the District of Columbia approved 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.”.

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.

In the Fiscal Year 2015 Budget Request Act of 2014, D.C. Act 20-370, 61 DCR 7187 , the Council of the District of Columbia approved expenditure levels and appropriation language for the government of the District of Columbia for the fiscal year ending September 30, 2015.

In the Fiscal Year 2016 Budget Request Act of 2015, D.C. Act 20-99, D.C. Law 21-27, 62 DCR 13177, the Council of the District of Columbia approved expenditure levels and appropriation language for the government of the District of Columbia for the fiscal year ending September 30, 2016.

Title IV of Division E of Pub. L. 114-113 provided:

“Federal Payment For Resident Tuition Support

“For a Federal payment to the District of Columbia, to be deposited into a dedicated account, for a nationwide program to be administered by the Mayor, for District of Columbia resident tuition support, $ 40,000,000, to remain available until expended: Provided, That such funds, including any interest accrued thereon, may be used on behalf of eligible District of Columbia residents to pay an amount based upon the difference between in-State and out-of-State tuition at public institutions of higher education, or to pay up to $ 2,500 each year at eligible private institutions of higher education: Provided further, That the awarding of such funds may be prioritized on the basis of a resident's academic merit, the income and need of eligible students and such other factors as may be authorized: Provided further, That the District of Columbia government shall maintain a dedicated account for the Resident Tuition Support Program that shall consist of the Federal funds appropriated to the Program in this Act and any subsequent appropriations, any unobligated balances from prior fiscal years, and any interest earned in this or any fiscal year: Provided further, That the account shall be under the control of the District of Columbia Chief Financial Officer, who shall use those funds solely for the purposes of carrying out the Resident Tuition Support Program: Provided further, That the Office of the Chief Financial Officer shall provide a quarterly financial report to the Committees on Appropriations of the House of Representatives and the Senate for these funds showing, by object class, the expenditures made and the purpose therefor.

“Federal Payment For Emergency Planning And Security Costs In The District Of Columbia

“For a Federal payment of necessary expenses, as determined by the Mayor of the District of Columbia in written consultation with the elected county or city officials of surrounding jurisdictions, $ 13,000,000, to remain available until expended, for the costs of providing public safety at events related to the presence of the National Capital in the District of Columbia, including support requested by the Director of the United States Secret Service in carrying out protective duties under the direction of the Secretary of Homeland Security, and for the costs of providing support to respond to immediate and specific terrorist threats or attacks in the District of Columbia or surrounding jurisdictions.

“Federal Payment To The District Of Columbia Courts

“For salaries and expenses for the District of Columbia Courts, $ 274,401,000 to be allocated as follows: for the District of Columbia Court of Appeals, $ 14,192,000, of which not to exceed $ 2,500 is for official reception and representation expenses; for the Superior Court of the District of Columbia, $ 123,638,000, of which not to exceed $ 2,500 is for official reception and representation expenses; for the District of Columbia Court System, $ 73,981,000, of which not to exceed $ 2,500 is for official reception and representation expenses; and $ 62,590,000, to remain available until September 30, 2017, for capital improvements for District of Columbia courthouse facilities: Provided, That funds made available for capital improvements shall be expended consistent with the District of Columbia Courts master plan study and facilities condition assessment: Provided further, That notwithstanding any other provision of law, all amounts under this heading shall be apportioned quarterly by the Office of Management and Budget and obligated and expended in the same manner as funds appropriated for salaries and expenses of other Federal agencies: Provided further, That 30 days after providing written notice to the Committees on Appropriations of the House of Representatives and the Senate, the District of Columbia Courts may reallocate not more than $ 6,000,000 of the funds provided under this heading among the items and entities funded under this heading: Provided further, That the Joint Committee on Judicial Administration in the District of Columbia may, by regulation, establish a program substantially similar to the program set forth in subchapter II of chapter 35 of title 5, United States Code, for employees of the District of Columbia Courts.

“Federal Payment For Defender Services In District Of Columbia Courts

“For payments authorized under section 11-2604 and section 11-2605, D.C. Official Code (relating to representation provided under the District of Columbia Criminal Justice Act), payments for counsel appointed in proceedings in the Family Court of the Superior Court of the District of Columbia under chapter 23 of title 16, D.C. Official Code, or pursuant to contractual agreements to provide guardian ad litem representation, training, technical assistance, and such other services as are necessary to improve the quality of guardian ad litem representation, payments for counsel appointed in adoption proceedings under chapter 3 of title 16, D.C. Official Code, and payments authorized under section 21-2060, D.C. Official Code (relating to services provided under the District of Columbia Guardianship, Protective Proceedings, and Durable Power of Attorney Act of 1986), $ 49,890,000, to remain available until expended: Provided, That funds provided under this heading shall be administered by the Joint Committee on Judicial Administration in the District of Columbia: Provided further, That, notwithstanding any other provision of law, this appropriation shall be apportioned quarterly by the Office of Management and Budget and obligated and expended in the same manner as funds appropriated for expenses of other Federal agencies.

“Federal Payment To The Court Services And Offender Supervision Agency For The District Of Columbia

“For salaries and expenses, including the transfer and hire of motor vehicles, of the Court Services and Offender Supervision Agency for the District of Columbia, as authorized by the National Capital Revitalization and Self-Government Improvement Act of 1997, $ 244,763,000, of which not to exceed $ 2,000 is for official reception and representation expenses related to Community Supervision and Pretrial Services Agency programs, of which not to exceed $ 25,000 is for dues and assessments relating to the implementation of the Court Services and Offender Supervision Agency Interstate Supervision Act of 2002; of which $ 182,406,000 shall be for necessary expenses of Community Supervision and Sex Offender Registration, to include expenses relating to the supervision of adults subject to protection orders or the provision of services for or related to such persons, of which up to $ 3,159,000 shall remain available until September 30, 2018, for the relocation of offender supervision field offices; and of which $ 62,357,000 shall be available to the Pretrial Services Agency: Provided, That notwithstanding any other provision of law, all amounts under this heading shall be apportioned quarterly by the Office of Management and Budget and obligated and expended in the same manner as funds appropriated for salaries and expenses of other Federal agencies: Provided further, That amounts under this heading may be used for programmatic incentives for offenders and defendants successfully meeting terms of supervision: Provided further, That the Director is authorized to accept and use gifts in the form of in-kind contributions of the following: space and hospitality to support offender and defendant programs; equipment, supplies, clothing, and professional development and vocational training services and items necessary to sustain, educate, and train offenders and defendants, including their dependent children; and programmatic incentives for offenders and defendants meeting terms of supervision: Provided further, That the Director shall keep accurate and detailed records of the acceptance and use of any gift under the previous proviso, and shall make such records available for audit and public inspection: Provided further, That the Court Services and Offender Supervision Agency Director is authorized to accept and use reimbursement from the District of Columbia Government for space and services provided on a cost reimbursable basis.

“Federal Payment To The District Of Columbia Public Defender Service

“For salaries and expenses, including the transfer and hire of motor vehicles, of the District of Columbia Public Defender Service, as authorized by the National Capital Revitalization and Self-Government Improvement Act of 1997, $ 40,889,000: Provided, That notwithstanding any other provision of law, all amounts under this heading shall be apportioned quarterly by the Office of Management and Budget and obligated and expended in the same manner as funds appropriated for salaries and expenses of Federal agencies: Provided further, That, notwithstanding section 1342 of title 31, United States Code, and in addition to the authority provided by the District of Columbia Code Section 2-1607(b), upon approval of the Board of Trustees, the District of Columbia Public Defender Service may accept and use voluntary and uncompensated services for the purpose of aiding or facilitating the work of the District of Columbia Public Defender Service: Provided further, That, notwithstanding District of Columbia Code section 2-1603(d), for the purpose of any action brought against the Board of the Trustees of the District of Columbia Public Defender Service at any time during fiscal year 2016 or any previous fiscal year, the trustees shall be deemed to be employees of the Public Defender Service.

“Federal Payment To The District Of Columbia Water And Sewer Authority.

“For a Federal payment to the District of Columbia Water and Sewer Authority, $ 14,000,000, to remain available until expended, to continue implementation of the Combined Sewer Overflow Long-Term Plan: Provided, That the District of Columbia Water and Sewer Authority provides a 100 percent match for this payment.

“Federal Payment To The Criminal Justice Coordinating Council

“For a Federal payment to the Criminal Justice Coordinating Council, $ 1,900,000, to remain available until expended, to support initiatives related to the coordination of Federal and local criminal justice resources in the District of Columbia.

“Federal Payment For Judicial Commissions

“For a Federal payment, to remain available until September 30, 2017, to the Commission on Judicial Disabilities and Tenure, $ 295,000, and for the Judicial Nomination Commission, $ 270,000.

“Federal Payment For School Improvement

“For a Federal payment for a school improvement program in the District of Columbia, $ 45,000,000, to remain available until expended, for payments authorized under the Scholarship for Opportunity and Results Act (division C of Public Law 112-10): Provided, That, to the extent that funds are available for opportunity scholarships and following the priorities included in section 3006 of such Act, the Secretary of Education shall make scholarships available to students eligible under section 3013(3) of such Act (Public Law 112-10; 125 Stat. 211) including students who were not offered a scholarship during any previous school year: Provided further, That within funds provided for opportunity scholarships $ 3,200,000 shall be for the activities specified in sections 3007(b) through 3007(d) and 3009 of the Act.

“Federal Payment For The District Of Columbia National Guard

“For a Federal payment to the District of Columbia National Guard, $ 435,000, to remain available until expended for the Major General David F. Wherley, Jr. District of Columbia National Guard Retention and College Access Program.

“Federal Payment For Testing And Treatment Of HIV/AIDS

“For a Federal payment to the District of Columbia for the testing of individuals for, and the treatment of individuals with, human immunodeficiency virus and acquired immunodeficiency syndrome in the District of Columbia, $ 5,000,000.

“District of Columbia Funds

“Local funds are appropriated for the District of Columbia for the current fiscal year out of the General Fund of the District of Columbia (‘General Fund’) for programs and activities set forth under the heading ‘District of Columbia Funds Summary of Expenses’ and at the rate set forth under such heading, as included in the Fiscal Year 2016 Budget Request Act of 2015 submitted to the Congress by the District of Columbia as amended as of the date of enactment of this Act: Provided, That notwithstanding any other provision of law, except as provided in section 450A of the District of Columbia Home Rule Act ( section 1-204.50a, D.C. Official Code), sections 816 and 817 of the Financial Services and General Government Appropriations Act, 2009 ( secs. 47-369.01 and 47-369.02, D.C. Official Code), and provisions of this Act, the total amount appropriated in this Act for operating expenses for the District of Columbia for fiscal year 2016 under this heading shall not exceed the estimates included in the Fiscal Year 2016 Budget Request Act of 2015 submitted to Congress by the District of Columbia as amended as of the date of enactment of this Act or the sum of the total revenues of the District of Columbia for such fiscal year: Provided further, That the amount appropriated may be increased by proceeds of one-time transactions, which are expended for emergency or unanticipated operating or capital needs: Provided further, That such increases shall be approved by enactment of local District law and shall comply with all reserve requirements contained in the District of Columbia Home Rule Act: Provided further, That the Chief Financial Officer of the District of Columbia shall take such steps as are necessary to assure that the District of Columbia meets these requirements, including the apportioning by the Chief Financial Officer of the appropriations and funds made available to the District during fiscal year 2016, except that the Chief Financial Officer may not reprogram for operating expenses any funds derived from bonds, notes, or other obligations issued for capital projects.

“This title may be cited as the ‘District of Columbia Appropriations Act, 2016’.”

Title VIII of Division E of Pub. L. 114-113 provided:

“Sec. 801. There are appropriated from the applicable funds of the District of Columbia such sums as may be necessary for making refunds and for the payment of legal settlements or judgments that have been entered against the District of Columbia government.

“Sec. 802. None of the Federal funds provided in this Act shall be used for publicity or propaganda purposes or implementation of any policy including boycott designed to support or defeat legislation pending before Congress or any State legislature.

“Sec. 803. (a) None of the Federal funds provided under this Act to the agencies funded by this Act, both Federal and District government agencies, that remain available for obligation or expenditure in fiscal year 2016, or provided from any accounts in the Treasury of the United States derived by the collection of fees available to the agencies funded by this Act, shall be available for obligation or expenditures for an agency through a reprogramming of funds which—

“(1) creates new programs;

“(2) eliminates a program, project, or responsibility center;

“(3) establishes or changes allocations specifically denied, limited or increased under this Act;

“(4) increases funds or personnel by any means for any program, project, or responsibility center for which funds have been denied or restricted;

“(5) re-establishes any program or project previously deferred through reprogramming;

“(6) augments any existing program, project, or responsibility center through a reprogramming of funds in excess of $ 3,000,000 or 10 percent, whichever is less; or

“(7) increases by 20 percent or more personnel assigned to a specific program, project or responsibility center, unless prior approval is received from the Committees on Appropriations of the House of Representatives and the Senate.

“(b) The District of Columbia government is authorized to approve and execute reprogramming and transfer requests of local funds under this title through November 7, 2016.

“Sec. 804. None of the Federal funds provided in this Act may be used by the District of Columbia to provide for salaries, expenses, or other costs associated with the offices of United States Senator or United States Representative under section 4(d) of the District of Columbia Statehood Constitutional Convention Initiatives of 1979 (D.C. Law 3-171; D.C. Official Code, sec. 1-123).

“Sec. 805. Except as otherwise provided in this section, none of the funds made available by this Act or by any other Act may be used to provide any officer or employee of the District of Columbia with an official vehicle unless the officer or employee uses the vehicle only in the performance of the officer's or employee's official duties. For purposes of this section, the term ‘official duties’ does not include travel between the officer's or employee's residence and workplace, except in the case of—

“(1) an officer or employee of the Metropolitan Police Department who resides in the District of Columbia or is otherwise designated by the Chief of the Department;

“(2) at the discretion of the Fire Chief, an officer or employee of the District of Columbia Fire and Emergency Medical Services Department who resides in the District of Columbia and is on call 24 hours a day;

“(3) at the discretion of the Director of the Department of Corrections, an officer or employee of the District of Columbia Department of Corrections who resides in the District of Columbia and is on call 24 hours a day;

“(4) at the discretion of the Chief Medical Examiner, an officer or employee of the Office of the Chief Medical Examiner who resides in the District of Columbia and is on call 24 hours a day;

“(5) at the discretion of the Director of the Homeland Security and Emergency Management Agency, an officer or employee of the Homeland Security and Emergency Management Agency who resides in the District of Columbia and is on call 24 hours a day;

“(6) the Mayor of the District of Columbia; and

“(7) the Chairman of the Council of the District of Columbia.

“Sec. 806. (a) None of the Federal funds contained in this Act may be used by the District of Columbia Attorney General or any other officer or entity of the District government to provide assistance for any petition drive or civil action which seeks to require Congress to provide for voting representation in Congress for the District of Columbia.

“(b) Nothing in this section bars the District of Columbia Attorney General from reviewing or commenting on briefs in private lawsuits, or from consulting with officials of the District government regarding such lawsuits.

“Sec. 807. None of the Federal funds contained in this Act may be used to distribute any needle or syringe for the purpose of preventing the spread of blood borne pathogens in any location that has been determined by the local public health or local law enforcement authorities to be inappropriate for such distribution.

“Sec. 808. Nothing in this Act may be construed to prevent the Council or Mayor of the District of Columbia from addressing the issue of the provision of contraceptive coverage by health insurance plans, but it is the intent of Congress that any legislation enacted on such issue should include a ‘conscience clause’ which provides exceptions for religious beliefs and moral convictions.

“Sec. 809. (a) None of the Federal funds contained in this Act may be used to enact or carry out any law, rule, or regulation to legalize or otherwise reduce penalties associated with the possession, use, or distribution of any schedule I substance under the Controlled Substances Act ( 21 U.S.C. 801 et seq.) or any tetrahydrocannabinols derivative.

“(b) None of the funds contained in this Act may be used to enact any law, rule, or regulation to legalize or otherwise reduce penalties associated with the possession, use, or distribution of any schedule I substance under the Controlled Substances Act ( 21 U.S.C. 801 et seq.) or any tetrahydrocannabinols derivative for recreational purposes.

“Sec. 810. None of the funds appropriated under this Act shall be expended for any abortion except where the life of the mother would be endangered if the fetus were carried to term or where the pregnancy is the result of an act of rape or incest.

“Sec. 811. (a) No later than 30 calendar days after the date of the enactment of this Act, the Chief Financial Officer for the District of Columbia shall submit to the appropriate committees of Congress, the Mayor, and the Council of the District of Columbia, a revised appropriated funds operating budget in the format of the budget that the District of Columbia government submitted pursuant to section 442 of the District of Columbia Home Rule Act (D.C. Official Code, sec. 1-204.42), for all agencies of the District of Columbia government for fiscal year 2016 that is in the total amount of the approved appropriation and that realigns all budgeted data for personal services and other-than-personal services, respectively, with anticipated actual expenditures.

“(b) This section shall apply only to an agency for which the Chief Financial Officer for the District of Columbia certifies that a reallocation is required to address unanticipated changes in program requirements.

“Sec. 812. No later than 30 calendar days after the date of the enactment of this Act, the Chief Financial Officer for the District of Columbia shall submit to the appropriate committees of Congress, the Mayor, and the Council for the District of Columbia, a revised appropriated funds operating budget for the District of Columbia Public Schools that aligns schools budgets to actual enrollment. The revised appropriated funds budget shall be in the format of the budget that the District of Columbia government submitted pursuant to section 442 of the District of Columbia Home Rule Act (D.C. Official Code, sec. 1-204.42).

“Sec. 813. (a) Amounts appropriated in this Act as operating funds may be transferred to the District of Columbia's enterprise and capital funds and such amounts, once transferred, shall retain appropriation authority consistent with the provisions of this Act.

“(b) The District of Columbia government is authorized to reprogram or transfer for operating expenses any local funds transferred or reprogrammed in this or the four prior fiscal years from operating funds to capital funds, and such amounts, once transferred or reprogrammed, shall retain appropriation authority consistent with the provisions of this Act.

“(c) The District of Columbia government may not transfer or reprogram for operating expenses any funds derived from bonds, notes, or other obligations issued for capital projects.

“Sec. 814. None of the Federal funds appropriated in this Act shall remain available for obligation beyond the current fiscal year, nor may any be transferred to other appropriations, unless expressly so provided herein.

“Sec. 815. Except as otherwise specifically provided by law or under this Act, not to exceed 50 percent of unobligated balances remaining available at the end of fiscal year 2016 from appropriations of Federal funds made available for salaries and expenses for fiscal year 2016 in this Act, shall remain available through September 30, 2017, for each such account for the purposes authorized: Provided, That a request shall be submitted to the Committees on Appropriations of the House of Representatives and the Senate for approval prior to the expenditure of such funds: Provided further, That these requests shall be made in compliance with reprogramming guidelines outlined in section 803 of this Act.

“Sec. 816. (a) During fiscal year 2017, during a period in which neither a District of Columbia continuing resolution or a regular District of Columbia appropriation bill is in effect, local funds are appropriated in the amount provided for any project or activity for which local funds are provided in the Fiscal Year 2017 Budget Request Act of 2016 as submitted to Congress (subject to any modifications enacted by the District of Columbia as of the beginning of the period during which this subsection is in effect) at the rate set forth by such Act.

“(b) Appropriations made by subsection (a) shall cease to be available—

“(1) during any period in which a District of Columbia continuing resolution for fiscal year 2017 is in effect; or

“(2) upon the enactment into law of the regular District of Columbia appropriation bill for fiscal year 2017.

“(c) An appropriation made by subsection (a) is provided under the authority and conditions as provided under this Act and shall be available to the extent and in the manner that would be provided by this Act.

“(d) An appropriation made by subsection (a) shall cover all obligations or expenditures incurred for such project or activity during the portion of fiscal year 2017 for which this section applies to such project or activity.

“(e) This section shall not apply to a project or activity during any period of fiscal year 2017 if any other provision of law (other than an authorization of appropriations)—

“(1) makes an appropriation, makes funds available, or grants authority for such project or activity to continue for such period; or

“(2) specifically provides that no appropriation shall be made, no funds shall be made available, or no authority shall be granted for such project or activity to continue for such period.

“(f) Nothing in this section shall be construed to affect obligations of the government of the District of Columbia mandated by other law.

“Sec. 817. (a) This section may be cited as the ‘D.C. Opportunity Scholarship Program School Certification Requirements Act’.

“(b) Section 3007(a) of the Scholarships for Opportunity and Results Act (Public Law 112-10; 125 Stat. 203) is amended—

“(1) in paragraph (4)—

“(A) in subparagraph (E), by striking ‘and’ after the semicolon;

“(B) in subparagraph (F), by striking the period at the end and inserting a semicolon; and

“(C) by adding at the end the following:

“‘(G)(i) is provisionally or fully accredited by a national or regional accrediting agency that is recognized in the District of Columbia School Reform Act of 1995 ( sec. 38-1802.02(16)(A)-(G), D.C. Official Code) or any other accrediting body deemed appropriate by the Office of the State Superintendent for Schools for the purposes of accrediting an elementary or secondary school; or

“‘(ii) in the case of a school that is a participating school as of the day before the date of enactment of the D.C. Opportunity Scholarship Program School Certification Requirements Act and, as of such day, does not meet the requirements of clause (i)—

“‘(I) by not later than 1 year after such date of enactment, is pursuing accreditation by a national or regional accrediting agency recognized in the District of Columbia School Reform Act of 1995 ( sec. 38-1802.02(16)(A)-(G), D.C. Official Code) or any other accrediting body deemed appropriate by the Office of the State Superintendent for Schools for the purposes of accrediting an elementary or secondary school; and

“‘(II) by not later than 5 years after such date of enactment, is provisionally or fully accredited by such accrediting agency, except that an eligible entity may grant not more than one 1-year extension to meet this requirement for each participating school that provides evidence to the eligible entity from such accrediting agency that the school's application for accreditation is in process and the school will be awarded accreditation before the end of the 1-year extension period;

“‘(H) conducts criminal background checks on school employees who have direct and unsupervised interaction with students; and

“‘(I) complies with all requests for data and information regarding the reporting requirements described in section 3010.’; and

“(2) by adding at the end the following:

“‘(5) New Participating Schools.— If a school is not a participating school as of the date of enactment of the D.C. Opportunity Scholarship Program School Certification Requirements Act, the school shall not become a participating school and none of the funds provided under this division for opportunity scholarships may be used by an eligible student to enroll in that school unless the school—

“‘(A) is actively pursuing provisional or full accreditation by a national or regional accrediting agency that is recognized in the District of Columbia School Reform Act of 1995 ( sec. 38-1802.02(16)(A)-(G), D.C. Official Code) or any other accrediting body deemed appropriate by the Office of the State Superintendent for Schools for the purposes of accrediting an elementary or secondary school; and

“‘(B) meets all of the other requirements for participating schools under this Act.

“‘(6) Enrolling In Another School.-- An eligible entity shall assist the parents of a participating eligible student in identifying, applying to, and enrolling in an another participating school for which opportunity scholarship funds may be used, if—

“‘(A) such student is enrolled in a participating private school and may no longer use opportunity scholarship funds for enrollment in that participating private school because such school fails to meet a requirement under paragraph 4, or any other requirement of this Act; or

“‘(B) a participating eligible student is enrolled in a school that ceases to be a participating school.’.

“(c) Report to Eligible Entities. — Section 3010 of the Scholarships for Opportunity and Results Act (Public Law 112-10; 125 Stat. 203) is further amended—

“(1) by redesignating subsection (d) as subsection (e); and

“(2) by inserting after subsection (c) the following:

“‘(d) Reports to Eligible Entities. — The eligible entity receiving funds under section 3004(a) shall ensure that each participating school under this division submits to the eligible entity beginning not later than 5 years after the date of the enactment of the D.C. Opportunity Scholarship Program School Certification Requirements Act, a certification that the school has been awarded provisional or full accreditation, or has been granted an extension by the eligible entity in accordance with section 3007(a)(4)(G).’.

“(d) Unless specifically provided otherwise, this section, and the amendments made by this section, shall take effect 1 year after the date of enactment of this Act.

“Sec. 818. Subparagraph (G) of section 3(c)(2) of the District of Columbia College Access Act of 1999 (Public Law 106-98), as amended, is further amended:

“(1) by inserting after ‘(G)’, ‘(i) for individuals who began an undergraduate course of study prior to school year 2015-2016,’; and

“(2) by inserting the following before the period at the end: ‘and (ii) for individuals who begin an undergraduate course of study in or after school year 2016-2017, is from a family with a taxable annual income of less than $ 750,000. Beginning with school year 2017-2018, the Mayor shall adjust the amounts in clauses (i) and (ii) for inflation, as measured by the percentage increase, if any, from the preceding fiscal year in the Consumer Price Index for All Urban Consumers, published by the Bureau of Labor Statistics of the Department of Labor’.

“Sec. 819. Except as expressly provided otherwise, any reference to ‘this Act’ contained in this title or in title IV shall be treated as referring only to the provisions of this title or of title IV.

For Fiscal Year 2017 Local Budget Act of 2016, see D.C. Law 21-142.