§ 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.

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.

Budget Legislation

For the adoption of the local portion of the budget of the District of Columbia government for the fiscal year ending September 30, 2024, see the Fiscal Year 2024 Local Budget Act of 2023, effective August 29, 2023 (D.C. Law 25-47; 70 DCR 9700).

For adoption, as a request to Congress for appropriation and authorization, of the federal portion of the budget of the government of the District of Columbia for the fiscal year ending September 30, 2024, see the Fiscal Year 2024 Federal Portion Budget Request Act of 2023, D.C. Act 25-162; July 10, 2023, 70 DCR 9725.

For an emergency (90-day) adjustment, on an emergency basis, of certain allocations in the Fiscal Year 2023 Local Budget Act of 2022 to maintain a balanced budget for the fiscal year ending September 30, 2023, see the Fiscal Year 2023 Revised Local Budget Adjustment Emergency Act of 2023, D.C. Act 25-134, June 27, 2023, 70 DCR 9048.

For the adoption of the local portion of the budget of the District of Columbia government for the fiscal year ending September 30, 2023, see the Fiscal Year 2023 Local Budget Act of 2022, effective September 9, 2022 (D.C. Law 24-166; 69 DCR 8870).

For an temporary (90-day) adjustment of certain allocations in the Fiscal Year 2022 Local Budget Act of 2021 to maintain a balanced budget for the fiscal year ending September 30, 2022, see the Fiscal Year 2022 Second Revised Local Budget Congressional Review Adjustment Emergency Act of 2022, D.C. Law 24-162, September 9, 2022, 69 DCR 8833.

For an emergency (90-day) adjustment of certain allocations in the Fiscal Year 2022 Local Budget Act of 2021 to maintain a balanced budget for the fiscal year ending September 30, 2022, see the Fiscal Year 2022 Second Revised Local Budget Congressional Review Adjustment Emergency Act of 2022, D.C. Act 24-541, July 27, 2022, 69 DCR 9963.

For an emergency (90-day) adjustment, on an emergency basis, of certain allocations in the Fiscal Year 2022 Local Budget Act of 2021 to maintain a balanced budget for the fiscal year ending September 30, 2022, see the Fiscal Year 2022 Revised Local Budget Adjustment Congressional Review Emergency Act of 2022, D.C. Act 24-540, July 27, 2022, 69 DCR 9960.

For a temporary (225-day) adjustment, on a temporary basis, of certain allocations in the Fiscal Year 2022 Local Budget Act of 2021 to maintain a balanced budget for the fiscal year ending September 30, 2022, see the Fiscal Year 2022 Revised Local Budget Adjustment Temporary Act of 2022, D.C. Law 24-146, July 22, 2022, 69 DCR 6258.

For adoption, as a request to Congress for appropriation and authorization, of the federal portion of the budget of the government of the District of Columbia for the fiscal year ending September 30, 2023, see the Fiscal Year 2023 Federal Portion Budget Request Act of 2022, D.C. Act 24-485; July 13, 2022, 69 DCR 8864.

For an emergency (90-day) adjustment, on an emergency basis, of certain allocations in the Fiscal Year 2022 Local Budget Act of 2021 to maintain a balanced budget for the fiscal year ending September 30, 2022, see the Fiscal Year 2022 Second Revised Local Budget Adjustment Emergency Act of 2022, D.C. Act 24-437, June 13, 2022, 69 DCR _____.

For an emergency (90-day) adjustment, on an emergency basis, of certain allocations in the Fiscal Year 2022 Local Budget Act of 2021 to maintain a balanced budget for the fiscal year ending September 30, 2022, see the Fiscal Year 2022 Revised Local Budget Adjustment Emergency Act of 2022, D.C. Act 24-388, April 25, 2022, 69 DCR 4049.

For the adoption of the local portion of the budget of the District of Columbia government for the fiscal year ending September 30, 2022, see the Fiscal Year 2022 Local Budget Act of 2021, effective November 3, 2021 (D.C. Law 24-43; 68 DCR 9702).

For the adjustment, on a temporary basis, of certain allocations in the Fiscal Year 2021 Local Budget Act of 2020 to maintain a balanced budget for the fiscal year ending September 30, 2021, and to amend the deadline for the annual advance payment to schools, see the Fiscal Year 2021 Revised Local Budget Advance School Payment and COVID Relief Temporary Amendment Act of 2021, effective September 22, 2021 (D.C. Law 24-29; 68 DCR 7698).

For the adoption, on an emergency basis, of the local portion of the budget of the District of Columbia government for the fiscal year ending September 30, 2022, see the Fiscal Year 2022 Local Budget Emergency Act of 2021, effective September 13, 2021 (D.C. Act 24-175; 68 DCR 9732).

For adoption, as a request to Congress for appropriation and authorization, of the federal portion of the budget of the government of the District of Columbia for the fiscal year ending September 30, 2022, see the Fiscal Year 2022 Federal Portion Budget Request Act of 2021, D.C. Act 24-174; July 13, 2022, 68 DCR 9726).

For adjustment, on an emergency basis, certain appropriations and allocations in the Fiscal Year 2021 Local Budget Act of 2020 to maintain a balanced budget for the fiscal year ending September 30, 2021, see the Fiscal Year 2021 Revised Local Budget Adjustment Emergency Act of 2021, effective August 23, 2021 (D.C. Act 24-160; 68 DCR 8828).

For adjustment, on an emergency basis, of certain allocations in the Fiscal Year 2021 Local Budget Act of 2020 to maintain a balanced budget for the fiscal year ending September 30, 2021, see the Fiscal Year 2021 Revised Local Budget Second COVID Relief Emergency Act of 2021, effective July 24, 2021 (D.C. Act 24-126; 68 DCR 7363).

For the adjustment, on an emergency basis, of certain allocations in the Fiscal Year 2021 Local Budget Act of 2020 to maintain a balanced budget for the fiscal year ending September 30, 2021 and the amendment of the deadline for the annual advance payment to schools, see the Fiscal Year 2021 Revised Local Budget Advance School Payment and COVID Relief Emergency Amendment Act of 2021, effective July 7, 2021 (D.C. Act 24-109; __ DCR _____).

For the adoption of the local portion of the budget of the District of Columbia government for the fiscal year ending September 30, 2021, see the Fiscal Year 2021 Local Budget Act of 2020, effective October 20, 2020 (D.C. Law 23-136; 66 DCR 10629).

For adoption, as a request to Congress for appropriation and authorization, of the federal portion of the budget of the government of the District of Columbia for the fiscal year ending September 30, 2021, see the Fiscal Year 2021 Federal Portion Budget Request Act of 2020, D.C. Act 23-409; August 31, 2020, 67 DCR 10652).

For adoption, on an emergency basis, of the local portion of the budget of the District of Columbia government for the fiscal year ending September 30, 2021, see the Fiscal Year 2021 Local Budget Emergency Act of 2020, effective August 31, 2020 (D.C. Law 23-406; 67 DCR 10470).

For an emergency (90-day) adjustment, on an emergency basis, of certain allocations in the Fiscal Year 2020 Local Budget Act of 2019 to maintain a balanced budget for the fiscal year ending September 30, 2020, see the Fiscal Year 2020 Revised Local Budget Adjustment Emergency Act of 2020, D.C. Act 23-351, August 5, 2020, 67 DCR 9638.

For approval and adoption of expenditure levels as the local portion of the budget for the government of the District of Columbia for the fiscal year ending September 30, 2020, see the Fiscal Year 2020 Local Budget Act of 2019, effective August 31, 2019 (D.C. Law 23-11; 66 DCR 8242).

For an temporary (225-day) adjustment to certain allocations requested in the Fiscal Year 2019 Local Budget Act of 2018, see the Fiscal Year 2019 Revised Local Budget Temporary Adjustment Act of 2019, D.C. Law 23-10, August 24, 2019, 66 DCR 8069.

For an emergency (90-day) adjustment to certain allocations requested in the Fiscal Year 2019 Local Budget Act of 2018, see D.C. Act 23-75, July 8, 2019, 66 DCR 8078.

For adoption, as a request to Congress for appropriation and authorization, of the federal portion of the budget of the government of the District of Columbia for the fiscal year ending September 30, 2020, see the Fiscal Year 2020 Federal Portion Budget Request Act of 2019, D.C. Act 23-69; June 19, 2019, 66 DCR 7612).

For an temporary (225-day) adjustment to certain allocations requested in the Fiscal Year 2018 Local Budget Act of 2017, see the Fiscal Year 2018 Revised Local Budget Temporary Adjustment Act of 2018, D.C. Law 22-169, September 5, 2018, 65 DCR 9528.

For an emergency (90-day) adjustment to certain allocations requested in the Fiscal Year 2018 Local Budget Act of 2017, see D.C. Act 22-457, October 3, 2018, 65 DCR 11204.

For approval and adoption of expenditure levels as the local portion of the budget for the government of the District of Columbia for the fiscal year ending September 30, 2019, see the Fiscal Year 2019 Local Budget Act of 2018, effective August 29, 2018 (D.C. Law 22-158; 65 DCR 7346).

For adoption, as a request to Congress for appropriation and authorization, of the federal portion of the budget of the government of the District of Columbia for the fiscal year ending September 30, 2019, see the Fiscal Year 2019 Local Budget Act of 2018, D.C. Act 22-423; July 20, 2018, 65 DCR 7701).

For an emergency (90-day) adjustment to certain allocations requested in the Fiscal Year 2018 Local Budget Act of 2017, see D.C. Act 22-394, July 2, 2018, 65 DCR 7151.

For approval and adoption of expenditure levels as the local portion of the budget for the government of the District of Columbia for the fiscal year ending September 30, 2018, see the Fiscal Year 2018 Local Budget Act of 2017, effective August 28, 2017 (D.C. Law 22-16; 64 DCR 9325).

For an temporary (225-day) adjustment to certain allocations requested in the Fiscal Year 2017 Local Budget Act of 2016, see the Fiscal Year 2017 Revised Local Budget Temporary Adjustment Act of 2017, D.C. Law 22-15, August 25, 2017, 64 DCR 6568.

For adoption of a request to Congress for appropriation and authorization, the following federal portion of the budget of the government of the District of Columbia for the fiscal year ending September 30, 2018, see the Fiscal Year 2018 Federal Portion Budget Request Act of 2017, effective July 10, 2017, (D.C. Act 22-98; 64 DCR 6576).

For an emergency (90-day) adjustment to certain allocations in the Fiscal Year 2017 Local Budget Act of 2016, see the Fiscal Year 2017 Revised Local Budget Emergency Adjustment Act of 2017, D.C. Act 22-96, July 10, 2017, 64 DCR 6560.

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