Code of the District of Columbia

Subchapter XI. Special Funds.


Part A. Productivity Bank Fund.

§ 1–325.01. Productivity Bank Fund established.

(a) There is established a revolving and proprietary Productivity Bank Fund to be used to provide loans to agencies that can justify initiatives that would generate additional revenues above current certified levels, or savings, according to productivity goals and measures established pursuant to § 1-325.02.

(b) Loans from the Productivity Bank Fund shall be decided by a Bank Loan Committee. The Bank Loan Committee shall consist of 5 members as follows:

(1) The Mayor or his or her designee;

(2) The Chairman of the Council or his or her designee;

(3) The Chief Financial Officer or his or her designee;

(4) A member selected by the Labor/Management Partnership Council; and

(5) One public member with experience in project finance and banking, appointed by the Mayor, with the advice and consent of the Council.

(c) The Mayor shall transmit to the Council, for a 45-day period of review, excluding days of Council recess, the nomination of the public member of the Bank Loan Committee. The Council shall be deemed to have approved the nomination if during the 45-day period, no member introduces a resolution disapproving the nomination. If a member introduces a resolution disapproving the nomination within the 45-day period, the Council shall have an additional 45 days, excluding days of Council recess, to disapprove the nomination by resolution, or it will be deemed approved.


(Oct. 20, 1999, D.C. Law 13-38, § 1402, 46 DCR 6373.)

Prior Codifications

1981 Ed., § 1-367.1.

Emergency Legislation

For temporary (90-day) addition of section, see § 1402 of the Service Improvement and Fiscal Year 2000 Budget Support Emergency Act of 1999 (D.C. Act 13-110, July 28, 1999, 46 DCR 6320).

Short Title

Section 1401 of D.C. Law 13-38 provided: “This title may be cited as the ‘Productivity Bank Fund Establishment Act of 1999’.”


§ 1–325.02. Rulemaking.

The Mayor shall issue rules setting out the criteria by which the Bank Loan Committee shall evaluate loan applications and the terms that shall govern the loans, including procedures for repayment. The Bank Loan Committee shall not issue any loans until the publication of final rules to implement this subchapter, in accordance with Chapter 5 of Title 2 [§ 2-501 et seq.].


(Oct. 20, 1999, D.C. Law 13-38, § 1403, 46 DCR 6373.)

Prior Codifications

1981 Ed., § 1-367.2.

Section References

This section is referenced in § 1-325.01.

Emergency Legislation

For temporary (90-day) addition of section, see § 1403 of the Service Improvement and Fiscal Year 2000 Budget Support Emergency Act of 1999 (D.C. Act 13-110, July 28, 1999, 46 DCR 6320).


Part B. Public Planning Capital Project Fund.

§ 1–325.11. Establishment of Public Planning Capital Project Fund.

(a) The Public Planning Capital Project Fund is hereby established.

(b) With each annual capital budget request submitted by the Mayor to the Council in accordance with § 1-204.42, the Mayor shall include as a discrete capital project a public planning fund for which the Mayor shall propose any amount he considers necessary for the uses and purposes set forth in subsection (c) of this section.

(c) Subject to authorization by Congress in an appropriations act, the monies designated for the public planning capital project fund shall be used by the District of Columbia Office of Planning, or its successor, to fund the preparation and development of public planning studies and recommendations for proposed capital projects that will be funded or guaranteed, in part or in whole, by the District government.

(d) Nothing in this section shall be construed to prohibit or limit the appropriation of additional funds from the revenues of the District for the uses and purposes set forth in this section.


(Nov. 13, 2003, D.C. Law 15-39, § 1302, 50 DCR 5668.)

Section References

This section is referenced in § 10-1032.

Emergency Legislation

For temporary (90-day) addition, see § 1302 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) addition, see § 1302 of Fiscal Year 2004 Budget Support Congressional Review Emergency Act of 2003 (D.C. Act 15-149, September 22, 2003, 50 DCR 8360).

Short Title

Short title of title XIII of Law 15-39: Section 1301 of D.C. Law 15-39 provided that title XIII of the act may be cited as the Public Planning Capital Project Act of 2003.


Part C. Department of Corrections Reimbursement Fund.

§ 1–325.21. Department of Corrections Reimbursement Fund.

(a) There is established a nonlapsing fund to be designated as the Department of Corrections Reimbursement Fund (“Fund”), which shall be a segregated account within the General Fund of the District of Columbia and shall be used to support the activities prescribed by the Memorandum of Understanding, effective January 1, 2002, between the United States Marshals Service and the Department of Corrections (“Memorandum”).

(b) All revenue derived from the reimbursement of the cost of services provided by the Department of Corrections pursuant to the Memorandum, and all fees collected for the department’s housing, transporting, and handling of adult pretrial or sentenced felons, probation, parole, or supervision violators, and prisoners returning to the Superior Court of the District of Columbia on writ or subject to other commitment orders shall be deposited into the Fund.

(c) Funds deposited in the Fund shall not revert to the fund balance of the General Fund of the District of Columbia at the end of any fiscal year or at any other time, but shall be continually available for the uses and purposes set forth in this section, subject to authorization by Congress.


(Oct. 20, 2005, D.C. Law 16-33, § 3032, 52 DCR 7503.)

Emergency Legislation

For temporary (90 day) addition, see § 3032 of Fiscal Year 2006 Budget Support Emergency Act of 2005 (D.C. Act 16-168, July 26, 2005, 52 DCR 7667).

Short Title

Short title of subtitle C of title III of Law 16-33: Section 3031 of D.C. Law 16-33 provided that subtitle C of title III of the act may be cited as the Department of Corrections Reimbursement Fund Act of 2005.


Part D. Fiscal Year 2006 Educational Investment Fund.

§ 1–325.31. Fiscal Year 2006 Educational Investments Fund for District of Columbia Public Schools and Public Charter Schools.

There is established a Fiscal Year 2006 Educational Investments Fund for District of Columbia Public Schools and Public Charter Schools (“Fund”), into which shall be deposited $25.2 million in Fiscal Year 2006, of which $21 million and $4.2 million shall be allocated in Fiscal Year 2006 to the District of Columbia Public Schools and public charter schools, respectively, to conduct activities leading to increased student achievement and improved school performance, including comprehensive reading and math programs, parent and family resource centers, comprehensive art and music programs, the Summer Bridge Program, and a textbook management system. No funds from the Fund shall be made available for expenditure unless, by no later December 31, 2005, the Superintendent, the District of Columbia Public Charter School Board, and the District of Columbia Board of Education Charter School Board submit to the Mayor detailed plans which describe specific initiatives or activities that will be implemented during Fiscal Year 2006, and include budget and performance goals and measures for each identified initiative or activity.


(Oct. 20, 2005, D.C. Law 16-33, § 4032, 52 DCR 7503.)

Emergency Legislation

For temporary (90 day) addition, see § 4032 of Fiscal Year 2006 Budget Support Emergency Act of 2005 (D.C. Act 16-168, July 26, 2005, 52 DCR 7667).

Short Title

Short title of subtitle D of title IV of Law 16-33: Section 4031 of D.C. Law 16-33 provided that subtitle D of title IV of the act may be cited as the Fiscal Year 2006 Educational Investments Fund for District of Columbia Public Schools and Public Charter Schools Establishment Act of 2005.


§ 1–325.35. At-Risk Supplemental Allocation Preservation Fund.

(a) There is established as a special fund the At-Risk Supplemental Allocation Preservation Fund (“Fund”), which shall be administered by the Chancellor of the District of Columbia Public Schools in accordance with subsection (c) of this section.

(b)(1) Subject to the limitations set forth in paragraph (2) of this subsection, at the end of each fiscal year, all unspent local funds in the District of Columbia Public Schools budget that are based on the at-risk add-on established by § 38-2905(c) shall be deposited in the Fund.

(2) Each year’s deposit pursuant to paragraph (1) of this subsection shall not exceed 5% of the lower of the District of Columbia Public Schools budget associated with the at-risk add-on for:

(A) The fiscal year in which the funds would be deposited; or

(B) The fiscal year after the year in which the funds would be deposited.

(c) The Fund shall be used solely to fund services and materials designed to assist at-risk students as defined in § 38-2901(2A).

(d)(1) The money deposited into the Fund, and interest earned, shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time.

(2) Subject to authorization in an approved budget and financial plan, any funds appropriated in the Fund shall be continually available without regard to fiscal year limitation.


(Oct. 22, 2015, D.C. Law 21-36, § 4032, 62 DCR 10905.)

Emergency Legislation

For temporary (90 days) addition of this section, see § 4032 of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).


Part E. Schools Modernization Fund.

§ 1–325.41. Schools Modernization Fund established.

(a) There is established a dedicated fund within the General Fund of the District of Columbia, as a separate budget line item, to be known as the Schools Modernization Fund. The fund shall be a revolving, nonlapsing fund, which shall consist of the following distinct accounts:

(1) The Debt Service account, the funds of which shall be solely used to pay the debt service on revenue bonds issued in accordance with this part, and which shall be funded through:

(A) Local funds;

(B) Federal funds;

(C) Federal grant funds;

(D) Any grants, gifts, or subsidies from public or private sources for the repair or renovation of District schools;

(E) Any return on investment of the assets of the Debt Service account, including interest thereon; and

(F) Such other funds as may be authorized to be deposited; and

(2) The Bond Revenue account, the funds of which shall be solely used to pay for the repair or renovation of District schools.

(b) Funds deposited in the Schools Modernization Fund shall not revert to the fund balance of the General Fund of the District of Columbia at the end of any fiscal year or at any other time, but shall be continually available for the uses and purposes set forth in this section, subject to authorization by Congress.


(Oct. 20, 2005, D.C. Law 16-33, § 4042, 52 DCR 7503.)

Emergency Legislation

For temporary (90 day) addition, see § 4042 of Fiscal Year 2006 Budget Support Emergency Act of 2005 (D.C. Act 16-168, July 26, 2005, 52 DCR 7667).

Short Title

Short title of subtitle E of title IV of Law 16-33: Section 4041 of D.C. Law 16-33 provided that subtitle E of title IV of the act may be cited as the Schools Modernization Amendment Act of 2005.


§ 1–325.42. Budget submission requirements.

(a) The Mayor shall submit to the Council, as part of the annual budget, a requested appropriation of local funds for the Schools Modernization Fund, including a description of estimated expenditures.

(b) The appropriation of local funds to, or the existence of retained funds in, the Schools Modernization Fund shall not replace local funding that otherwise would be directed to the capital budget for the District of Columbia Public Schools.


(Oct. 20, 2005, D.C. Law 16-33, § 4043, 52 DCR 7503.)

Emergency Legislation

For temporary (90 day) addition, see § 4043 of Fiscal Year 2006 Budget Support Emergency Act of 2005 (D.C. Act 16-168, July 26, 2005, 52 DCR 7667).


§ 1–325.43. Bond authorization.

(a) Pursuant to § 1-204.90, the Mayor is authorized to issue bonds to assist in financing, refinancing, or reimbursing costs of undertakings by the District to accomplish the purposes of this part.

(b) The Mayor shall submit and the Council shall approve, by resolution, the amount of bonds that shall be issued at any time for a project authorized by subsection (a) of this section that meets the criteria set forth in § 1-325.44. Each approval resolution shall state the aggregate principal amount of the bonds to be issued, and shall be accompanied by a description of each project showing its adherence to the criteria set forth in § 1-325.44.


(Oct. 20, 2005, D.C. Law 16-33, § 4044, 52 DCR 7503.)

Emergency Legislation

For temporary (90 day) addition, see § 4044 of Fiscal Year 2006 Budget Support Emergency Act of 2005 (D.C. Act 16-168, July 26, 2005, 52 DCR 7667).


§ 1–325.44. Criteria for use of bond revenue by District of Columbia Public Schools.

(a) To receive funds from the Bond Revenue account of the Schools Modernization Fund, the District of Columbia Public Schools (“DCPS”) shall:

(1) Develop a new Master Facilities Plan pursuant to § 38-2803, that incorporates the findings and goals of the master education plan developed by the Superintendent.

(2) Consolidate facilities and dispose of underused buildings in accordance with the Master Facilities Plan developed under subsection (a) of this section, and applicable law; and

(3) Submit to the Mayor and Council a proposed expenditure plan developed in consideration of city-wide capital efforts and approved by the Board of Education which shall include:

(A) The specific repair or renovation for which the requested funds shall be used;

(B) An explanation as to why these additional funds, which are available over and above funds appropriated for capital investment in schools, are necessary;

(C) An analysis as to how the specific project fits into the Master Facilities Plan developed under subsection (a) of this section and DCPS’ strategic objectives for school modernization;

(D) An analysis of any new program capacity to be created, including the student population to be served, how it fits into the master education plan developed by the Superintendent, and any anticipated savings resulting from providing programs within DCPS facilities instead of out-of-state;

(E) A declaration that no funds from the Bond Revenue account are intended for expenditure on a facility set for disposition; and

(F) A time table for completion of the proposed repair or renovation.

(b) Priority in funding shall be given to projects that:

(1) Locate new out-of-District special education programs within DCPS facilities;

(2) Create additional capacity for vocational education programs within DCPS facilities;

(3) Co-locate public charter schools within DCPS facilities; or

(4) Develop mixed-use facilities in collaboration with the District of Columbia Public Library, the Department of Parks and Recreation, or other appropriate District agencies.


(Oct. 20, 2005, D.C. Law 16-33, § 4045, 52 DCR 7503; Mar. 2, 2007, D.C. Law 16-191, § 5(r), 53 DCR 6794.)

Section References

This section is referenced in § 1-325.43 and § 1-325.45.

Effect of Amendments

D.C. Law 16-191, in subsec. (b)(4), validated a previously made technical correction.

Emergency Legislation

For temporary (90 day) addition, see § 4045 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 § 3 of School Modernization Funds Submission Requirements Waiver Emergency Amendment Act of 2007 (D.C. Act 17-30, April 19, 2007, 54 DCR 4079).

For temporary (90 day) amendment of section, see § 3 of School Modernization Use of Funds Requirements Emergency Amendment Act of 2007 (D.C. Act 17-129, October 5, 2007, 54 DCR 10030).

For temporary (90 day) amendment of section, see § 3 of School Modernization Use of Funds Requirement Congressional Review Emergency Amendment Act of 2007 (D.C. Act 17-229, December 27, 2007, 55 DCR 225).

For temporary (90 days) school modernization library funding, see § 4122 of the Fiscal Year 2014 Budget Support Emergency Act of 2013 (D.C. Act 20-130, July 30, 2013, 60 DCR 11384, 20 DCSTAT 1827).

For temporary (90 days) school modernization library funding, see § 4122 of the Fiscal Year 2014 Budget Support Congressional Review Emergency Act of 2013 (D.C. Act 20-204, October 17, 2013, 60 DCR 15341, 20 DCSTAT 2311).

Temporary Legislation

Section 3 of D.C. Law 17-15 repealed subsec. (a).

Section 5(b) of D.C. Law 17-15 provided that the act shall expire after 225 days of its having taken effect.

Section 3 of D.C. Law 17-97, in subsec. (a), in the heading, substituted “Office of Public Education Facilities Modernization” for “District of Columbia Public Schools”, in par. (1), substituted “Facilities Master Plan” for “Master Facilities Plan” and “Chancellor” for “Superintendent”, in par. (2), substituted “Facilities Master Plan” for “Master Facilities Plan”, in the lead-in language of par. (3), substituted “,which shall include” for “and approved by the Board of Education which shall include”, in par. (3)(C), substituted “Facilities Master Plan” for “Master Facilities Plan”, and in par. (3)(D), deleted “developed by the Superintendent,”.

Section 7(b) of D.C. Law 17-97 provided that the act shall expire after 225 days of its having taken effect.

Short Title

Section 4121 of D.C. Law 20-61 provided that Subtitle L of Title IV of the act may be cited as the “School Modernization Library Initial Circulation Funding Act of 2013”.

Editor's Notes

Section 4122 of D.C. Law 20-61 provided that for any completed school modernization, unexpended capital funds shall first be used to purchase the initial circulation in that school’s library before being reprogrammed for any other purpose.


§ 1–325.45. Annual report; review of funding priorities.

(a) The Superintendent shall submit to the Council, the Mayor, and the Board of Education, an annual report containing the following information:

(1) A summary of any real estate portfolio review and business plan studies for potential partnership development completed by the Superintendent;

(2) The number of projects developed by the Superintendent;

(3) The number of projects financed by the Schools Modernization Fund that:

(A) Created additional capacity within the District of Columbia Public Schools for special education students or programs;

(B) Created additional capacity for vocational education programs;

(C) Created a co-location arrangement with a public charter school; or

(D) Developed a shared-use facility or site between the District of Columbia Public Schools and another District agency.

(b) The Superintendent shall review the priorities for use of revenue from the Schools Modernization Fund specified in § 1-325.44 every 5 years and make recommendations to the Mayor, the Council, and the Board of Education on their continued validity or propose new priorities.


(Oct. 20, 2005, D.C. Law 16-33, § 4046, 52 DCR 7503.)

Emergency Legislation

For temporary (90 day) addition, see § 4046 of Fiscal Year 2006 Budget Support Emergency Act of 2005 (D.C. Act 16-168, July 26, 2005, 52 DCR 7667).


Part F. HIV/AIDS Crisis Area Capacity Building Fund.

§ 1–325.51. Funds for HIV/AIDS Crisis Area Capacity Building.

(a) There is established a revolving HIV/AIDS Crisis Area Capacity Building Fund, to be administered by the Mayor, for the purposes of providing loans and grants of up to $500,000 to develop, support, expand, repair, or improve service delivery to persons with HIV/AIDS within those Wards that did not receive grants from the HIV/AIDS Administration during fiscal year 2005.

(b) There is authorized to be appropriated out of the revenue of the District $500,000 to carry out the purposes of this part.


(Oct. 20, 2005, D.C. Law 16-33, § 5232, 52 DCR 7503.)

Emergency Legislation

For temporary (90 day) addition, see § 5232 of Fiscal Year 2006 Budget Support Emergency Act of 2005 (D.C. Act 16-168, July 26, 2005, 52 DCR 7667).

Short Title

Short title of subtitle M of title V of Law 16-33: Section 5231 of D.C. Law 16-33 provided that subtitle M of title V of the act may be cited as the HIV/AIDS Crisis Area Capacity Building Fund Act of 2005.

Mayor's Orders

Establishment of Mayor’s Task Force on HIV and AIDS, see Mayor’s Order 2005-198, December 16, 2005 ( 53 DCR 2687).


§ 1–325.52. Rulemaking.

By December 1, 2005, the Mayor shall issue proposed rules to implement the provisions of this part. The proposed rules shall be submitted to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, in whole or in part, by resolution within this 45-day review period, the proposed rules shall be deemed approved.


(Oct. 20, 2005, D.C. Law 16-33, § 5233, 52 DCR 7503.)

Emergency Legislation

For temporary (90 day) addition, see § 5233 of Fiscal Year 2006 Budget Support Emergency Act of 2005 (D.C. Act 16-168, July 26, 2005, 52 DCR 7667).


§ 1–325.53. HIV/AIDS Administration Capacity Building Fund report.

(a) By December 1, 2005, the Mayor, through the HIV/AIDS Administration within the Department of Health, shall provide to the Council a report that includes a comprehensive plan for distributing the funds from the Capacity Building Fund to those wards that lack the infrastructure to provide preventative and maintenance services within the ward to persons living with HIV/AIDS.

(b) The Mayor shall submit to the Council no later than 180 days after the end of each fiscal year a report on the financial condition of the Capacity Building Fund, including the results of the operation of the fund for the preceding fiscal year and an analysis of the number of persons living with HIV/AIDS, by ward.


(Oct. 20, 2005, D.C. Law 16-33, § 5234, 52 DCR 7503.)

Emergency Legislation

For temporary (90 day) addition, see § 5234 of Fiscal Year 2006 Budget Support Emergency Act of 2005 (D.C. Act 16-168, July 26, 2005, 52 DCR 7667).


Part G. Fee Collection Incentive Fund.

§ 1–325.61. Fee Collection Incentive Fund.

(a) For the purposes of this section, the term:

(1) “Agency” means any District agency, except the Office of the Chief Financial Officer, involved in the collection of fees or fines on behalf of the District.

(2) “Base year” means the fiscal year in which supplementary revenue is collected.

(3) “Disbursal year” means the fiscal year after the base year.

(4) “Fees and fines” includes all collections subject to general appropriations, but shall not include funds which are earmarked for special purposes and accounted for or deposited in a special fund for such purposes.

(5) “Fund” means the Fee Collection Incentive Fund established under this section.

(6) “Supplementary revenue” means the amount of revenue from all fees and fines collected by an agency in the base year which exceeds the estimate of revenue from fees and fines for the agency in the base year budget and financial plan.

(b) There is established a fund designated as the Fee Collection Incentive Fund, which shall be a segregated account within the General Fund of the District of Columbia. All funds shall be deposited into the Fund without regard to fiscal year limitation and shall not revert to the fund balance of the General Fund of the District of Columbia at the end of any fiscal year or at any other time, but shall be continually available for the uses and purposes set forth in subsection (c) of this section, subject to authorization by Congress in an appropriations act.

(c) Five percent of supplementary revenue collected by an agency in the base year shall be deposited on an annual basis at the beginning of the disbursal year in the Fund in an account established for the agency. The funds in the agency account may be expended for any authorized use in the disbursal year; provided, that the funds shall not be used by the agency for employee bonuses; provided further, that the expenditure of funds shall directly enhance the agency’s efficiency. Any balance of funds in an account in the Fund at the end of the disbursal year shall be transferred to the General Fund of the District of Columbia.


(Oct. 20, 2005, D.C. Law 16-33, § 1152, 52 DCR 7503.)

Emergency Legislation

For temporary (90 day) addition, see §§ 1152, 1153 of Fiscal Year 2006 Budget Support Emergency Act of 2005 (D.C. Act 16-168, July 26, 2005, 52 DCR 7667).

Short Title

Short title of subtitle T of title I of Law 16-33: Section 1151 of D.C. Law 16-33 provided that subtitle T of title I of the act may be cited as the Fee Collection Incentive Act of 2005.

Editor's Notes

Section 1153 of D.C. Law 16-33 provided that this part shall apply as of October 1, 2005.


Part H. Greater Southeast Community Hospital Capital Equipment Fund.

§ 1–325.71. Establishment of Greater Southeast Community Hospital Capital Equipment Fund.

(a) There is established as a nonlapsing fund the Greater Southeast Community Hospital Capital Equipment Fund (“Fund), the funds of which shall be used by the Mayor for the sole purpose of purchasing and maintaining capital equipment at Greater Southeast Community Hospital.

(b)(1) If the Chief Financial Officer of the District of Columbia certifies, through a revised quarterly revenue estimate for fiscal year 2008, that local funds exceed the annual revenue estimates incorporated in the approved fiscal year 2008 budget and financial plan, any allocation of those additional revenues shall include a deposit into the Fund of an amount equal to the revenue generated by taxes and assessments of the properties in the District of Columbia described as Lots 3 and 4, Square 5919.

(2) The Fund may also receive monies from appropriations, federal grants, and revenues from any other source.

(3) All funds deposited into the Fund shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time, but shall be continually available for the uses and purposes set forth in subsection (a) of this section without regard to fiscal year limitation, subject to authorization by Congress.

(c) The Mayor shall conduct an annual audit of all income and expenditures of the Fund and provide the annual report to the Council.


(Sept. 18, 2007, D.C. Law 17-20, § 1072, 54 DCR 7052.)

Emergency Legislation

For temporary (90 day) addition, see § 1072 of Fiscal Year 2008 Budget Support Emergency Act of 2007 (D.C. Act 17-74, July 25, 2007, 54 DCR 7549).

Short Title

Short title: Section 1071 of D.C. Law 17-20 provided that subtitle H of title I of the act may be cited as the “Greater Southeast Community Hospital Capital Equipment Fund Establishment Act of 2007”.


Part I. FEMS Special Events Fee Fund.

§ 1–325.81. FEMS Special Events Fee Fund.

(a) There is established as a lapsing fund the FEMS Special Events Fee Fund (“Fund”) to be used for the purposes set forth in subsection (b) of this section and into which shall be deposited all fees assessed and collected relating to Fire and Emergency Medical Services Department service delivery under § 47-2826 to cover the costs of the Fire and Emergency Medical Services Department in providing services for special events.

(b) The Fund shall be used for expenses related to the Fire and Emergency Medical Services Department’s provision of services for special events, including:

(1) Personnel costs;

(2) Equipment;

(3) Supplies;

(4) Training;

(5) Risk reduction; and

(6) Repairs and maintenance of equipment and supplies.

(c) All funds deposited into the Fund shall be used exclusively for the purposes set forth in subsection (b) of this section. Any unexpended monies in the Fund at the end of a fiscal year shall revert to the unrestricted fund balance of the General Fund of the District of Columbia.


(Sept. 18, 2007, D.C. Law 17-20, § 3052, 54 DCR 7052; Sept. 14, 2011, D.C. Law 19-21, § 9103, 58 DCR 6226; Sept. 26, 2012, D.C. Law 19-171, § 98(f), 59 DCR 6190; Feb. 26, 2015, D.C. Law 20-155, § 3004, 61 DCR 9990.)

Effect of Amendments

D.C. Law 19-21, in subsec. (a), substituted “lapsing” for “nonlapsing”; and, in subsec. (c), substituted “be used exclusively for the purposes set forth in subsection (b) of this section. Any unexpended monies in the Fund at the end of a fiscal year shall revert to the unrestricted fund balance of the General Fund of the District of Columbia” for “shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time, but shall be continually available for the uses and purposes set forth in subsection (b) of this section without regard to fiscal year limitation, subject to authorization by Congress”.

The 2012 amendment by D.C. Law 19-171 validated a previously made technical correction in (c).

The 2015 amendment by D.C. Law 20-155 added “relating to Fire and Emergency Medical Services Department service delivery” in (a).

Emergency Legislation

For temporary (90 day) enactments, see §§ 3042, 3052 of Fiscal Year 2008 Budget Support Emergency Act of 2007 (D.C. Act 17-74, July 25, 2007, 54 DCR 7549).

For temporary (90 days) amendment of this section, see § 3004 of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696).

For temporary (90 days) amendment of this section, see § 3004 of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 10915, 20 STAT 4188).

For temporary (90 days) amendment of this section, see § 3004 of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, January 9, 2015, 62 DCR 884, 21 STAT 541).

Short Title

Short title: Section 3051 of D.C. Law 17-20 provided that subtitle F of title III of the act may be cited as the “FEMS Special Events Fee Fund Establishment Act of 2007”.


Part J. Solid Waste Disposal Cost Recovery Special Account.

§ 1–325.91. Solid Waste Disposal Cost Recovery Special Account.

(a) There is established as a nonlapsing fund the Solid Waste Disposal Cost Recovery Special Account, into which shall be deposited all solid waste disposal transfer fee and disposal fee revenues, less any recycling surcharge, owed and accruing to the District.

(b) All funds deposited into the Solid Waste Disposal Cost Recovery Special Account shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time, but shall be continually available for the uses and purposes set forth in subsection (c) of this section without regard to fiscal year limitation, subject to authorization by Congress.

(c) The Solid Waste Disposal Cost Recovery Special Account shall be used to defray the expenses of operating, maintaining, and improving the District’s solid waste transfer facilities, and to dispose of solid waste delivered to those facilities.


(Sept. 18, 2007, D.C. Law 17-20, § 6013, 54 DCR 7052; Sept. 14, 2011, D.C. Law 19-21, § 9099, 58 DCR 6226; Sept. 20, 2012, D.C. Law 19-168, § 8006, 59 DCR 8025.)

Effect of Amendments

D.C. Law 19-21, in subsec. (a), substituted “lapsing” for “nonlapsing”; and, in subsec. (b), substituted “be used for the purposes set forth in subsection (c) of this section. Any monies not expended at the end of a fiscal year shall revert to the unrestricted fund balance of the General Fund of the District of Columbia.” for “not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time, but shall be continually available for the uses and purposes set forth in subsection (c) of this section without regard to fiscal year limitation, subject to authorization by Congress.”

The 2012 amendment by D.C. Law 19-168 substituted “nonlapsing” for “lapsing” in (a); and in (b), substituted “not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time, but shall be continually available for the uses and purposes set forth in subsection (c) of this section without regard to fiscal year limitation, subject to authorization by Congress” for “be used for the purposes set forth in subsection (c) of this section” and deleted the former second sentence, which read: “Any monies not expended at the end of a fiscal year shall revert to the unrestricted fund balance of the General Fund of the District of Columbia.”

Emergency Legislation

For temporary (90 day) addition, see § 6013 of Fiscal Year 2008 Budget Support Emergency Act of 2007 (D.C. Act 17-74, July 25, 2007, 54 DCR 7549).

For temporary (90 day) amendment of section, see § 8006 of Fiscal Year 2013 Budget Support Emergency Act of 2012 (D.C. Act 19-383, June 19, 2012, 59 DCR 7764).

For temporary (90 day) amendment of section, see § 8006 of Fiscal Year 2013 Budget Support Congressional Review Emergency Act of 2012 (D.C. Act 19-413, July 25, 2012, 59 DCR 9290).

Short Title

Short title: Section 6011 of D.C. Law 17-20 provided that subtitle B of title VI of the act may be cited as the “Solid Waste Disposal Cost Recovery Act of 2007”.

Editor's Notes

Section 8010 of D.C. Law 19-168 provided that §§ 8002, 8003, 8004, 8005, 8006, and 8007 of the act shall apply as of September 14, 2011.


Part K. Anti-Graffiti Mural Assistance Program Fund.

§ 1–325.101. Anti-Graffiti Mural Assistance Program Fund.

(a) There is established as a nonlapsing fund the Anti-Graffiti Mural Assistance Program Fund (“Fund”), which shall be used solely for the purposes set forth in subsections (c) and (d) of this section, and administered by the Office of the Director of the Department of Public Works.

(b) All funds deposited into the Fund shall not revert to the unrestricted fund balance of the General Fund of the District at the end of a fiscal year, or at any other time, but shall be continually available for the uses and purposes set forth in subsections (c) and (d) of this section without regard to fiscal year limitation, subject to authorization by Congress.

(c) The Director of the Department of Public Works (“Director”) shall:

(1) Ensure that the Fund is used solely to provide grants to qualified corporations;

(2) Provide such direction to the qualified corporations as is needed to ensure that the Fund is used solely for purposes described in this part;

(3) Identify and prioritize for the production of mural art locations in the District that have been targeted or are likely to be targeted for graffiti and are appropriate for mural art; and

(4) Oversee all aspects of the production of mural art for which Fund monies have been provided.

(d) Regarding the production of any mural art for which Fund monies have been provided, the qualified corporation shall:

(1) Expend the monies solely in connection with the production of mural art, including training, supervising, and compensating the mural artists, at locations identified by the Department of Public Works;

(2) Where the Department of Public Works has prioritized the locations at which mural art is to be produced, expend the monies in a manner that reflects those priorities;

(3) Consult with the Department of Public Works on all aspects of the production of mural art;

(4) Administer and manage the program so as to ensure that the production or any phase of the production of mural art is complete by any deadline established by the Director; and

(5) Provide the Director with a program and budget report no less than twice annually.

(e) For the purposes of subsections (c) and (d) of this section, the term “qualified corporation” means a nonprofit corporation incorporated in the District that provides education, training, funding, and supervision for the creation of mural art within the District.


(Sept. 18, 2007, D.C. Law 17-20, § 6082, 54 DCR 7052.)

Emergency Legislation

For temporary (90 day) addition, see § 6082 of Fiscal Year 2008 Budget Support Emergency Act of 2007 (D.C. Act 17-74, July 25, 2007, 54 DCR 7549).

Short Title

Short title: Section 6081 of D.C. Law 17-20 provided that subtitle I of title VI of the act may be cited as the “Anti-Graffiti Mural Assistance Program Fund Establishment Act of 2007”.


Part L. Business Improvement District Litter Cleanup Assistance Fund.

§ 1–325.111. Business Improvement District Litter Cleanup Assistance Fund.

(a) There is established as a nonlapsing fund the Business Improvement District Litter Cleanup Assistance Fund (“Fund”), which shall be used solely for the purposes set forth in subsection (c) of this section, and administered by the Office of the Director of the Department of Public Works.

(b)(1) All funds deposited into the Fund shall not revert to the unrestricted fund balance of the General Fund of the District at the end of a fiscal year, or at any other time, but shall be continually available for the uses and purposes set forth in subsection (c) of this section without regard to fiscal year limitation, subject to authorization by Congress.

(2) Any funds that are transferred through intra-District funding and are not expended in any fiscal year shall revert to the Fund and be available for use in the subsequent fiscal year.

(c)(1) The Fund shall be used solely to provide grants to qualified corporations to support the corporations’ litter removal efforts within their respective Business Improvement District areas.

(2) No corporation shall receive monies from the Fund in excess of $125,000 during any 12-month period.

(3) Where more than one qualified corporation representing the same geographic area applies for a grant pursuant to this part, preference shall be given to the corporation whose contract or contracts with professional litter cleanup services are longer-standing.

(4) For the purposes of this subsection, the term “qualified corporation” means:

(A) A “BID corporation,” as that term is defined in § 2-1215.02(4), that has an annual budget of less than $1 million;

(B) A Main Street organization duly incorporated with a current letter of agreement with the Local, Small and Disadvantaged Business Enterprise Business Center; or

(C) A “Ward 4 BID Demonstration Project” as that term is used in section 8004(e)(3) of the Designated Appropriation Allocation Act of 2008, effective August 16, 2008 (D.C. Law 17-219; 55 DCR 7602).


(Sept. 18, 2007, D.C. Law 17-20, § 6092, 54 DCR 7052; Mar. 3, 2010, D.C. Law 18-111, § 2211, 57 DCR 181.)

Section References

This section is referenced in § 6-1071.

Effect of Amendments

D.C. Law 18-111, in subsec. (b)(2), substituted “Fund and be available for use in the subsequent fiscal year” for “Fund”; and, in subsec. (c)(4), deleted “or” from the end of subpar. (A), substituted “; or” for a period at the end of subpar. (B), and added subpar. (C).

Emergency Legislation

For temporary (90 day) addition, see § 6092 of Fiscal Year 2008 Budget Support Emergency Act of 2007 (D.C. Act 17-74, July 25, 2007, 54 DCR 7549).

For temporary (90 day) amendment of section, see § 2211 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 § 2211 of Fiscal Year Budget Support Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-260, January 4, 2010, 57 DCR 345).

Short Title

Short title: Section 6091 of D.C. Law 17-20 provided that subtitle J of title VI of the act may be cited as the “Business Improvement District Litter Cleanup Assistance Fund Establishment Act of 2007”.

Short title: Section 2210 of D.C. Law 18-111 provided that subtitle V of title II of the act may be cited as the “Business Improvement District Litter Cleanup Assistance Fund Establishment Amendment Act of 2009”.


Part M. Community-Based Violence Reduction Fund.

§ 1–325.121. Establishment of Community-Based Violence Reduction Fund.

(a)(1) There is established as a nonlapsing fund the Community-based Violence Reduction Fund (“Fund”).

(2) All funds deposited into the Fund, and any interest earned on those funds, shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year or at any other time, but shall be continually available for the uses and purposes set forth in subsection (b) of this section without regard to fiscal year limitation, subject to authorization by Congress.

(b) The funds in the Fund shall be used only for the purpose of giving grants to community-based organizations in accordance with criteria to be established, and uniformly applied, by the Justice Grants Administration.

(c) Not more than 5% of the total amount of monies in the Community-Based Violence Reduction Fund in any given fiscal year may be used to pay administrative costs necessary to implement the requirements of this section.


(Aug. 16, 2008, D.C. Law 17-219, § 3014, 55 DCR 7598.)

Short Title

Short title: Section 3013 of D.C. Law 17-219 provided that subtitle F of title III of the act may be cited as the “Community-based Violence Reduction Fund”.


Part N. Pedestrian and Bicycle Safety and Enhancement Fund.

§ 1–325.131. Establishment of Pedestrian and Bicycle Safety and Enhancement Fund. [Repealed]

Repealed.


(Aug. 16, 2008, D.C. Law 17-219, § 6021, 55 DCR 7598; Nov. 25, 2008, D.C. Law 17-269, § 5, 55 DCR 11015; Feb. 26, 2015, D.C. Law 20-155, § 9010, 61 DCR 9990; Oct. 22, 2015, D.C. Law 21-36, § 6032, 62 DCR 10905.)

Section References

This section is referenced in § 50-921.53.

Effect of Amendments

D.C. Law 17-269, in subsec. (a), inserted “In addition, all receipts from fines and penalties collected due to increases in civil fines and new civil infractions established by section 3 of D.C. Law 17-269 shall be deposited into the fund.”.

The 2015 amendment by D.C. Law 20-155 substituted “lapsing fund” for “nonlapsing fund” in (a); and rewrote (c)(1).

Emergency Legislation

For temporary (90 days) amendment of this section, see §§ 9010 and 9029 of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696).

For temporary (90 days) amendment of this section, see §§ 9010 and 9029 of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 10915, 20 STAT 4188).

For temporary (90 days) amendment of this section, see § 9010 of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, January 9, 2015, 62 DCR 884, 21 STAT 541).

For temporary (90 days) repeal of this section, see § 6032 of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).

Temporary Legislation

Section 104 of D.C. Law 17-326 added a section to read as follows:

“Sec. 104. Health Programs Contingency Fund.

“(a) There is established as a nonlapsing fund the Health Programs Contingency Fund (‘Fund’). All funds deposited into the Fund, and any interest earned on those funds, shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of the fiscal year, or at any other time, but shall be continually available to support unanticipated expenditures within the District Medicaid program and the DC HealthCare Alliance.

“(b) By December 1, 2009, there shall be deposited into the Fund no less than $10 million in local funds.”

Section 201(b) of D.C. Law 17-326 added section 6021a to D.C. Law 17-219 read as follows: “This act shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan.”

Section 402(b) of D.C. Law 17-326 provided that the act shall expire after 225 days of its having taken effect.

Short Title

Short title: Section 6020 of D.C. Law 17-219 provided that subtitle G of title VI of the act may be cited as the “Pedestrian and Bicycle Safety and Enhancement Fund Establishment Act of 2008”.

References in Text

D.C. Law 17-269, § 3, referred to in subsec. (a), amended Title 18 of the District of Columbia Municipal Regulations.

Editor's Notes

Section 9029 of D.C. Law 20-155 provided that the amendment by § 9010 of the act shall apply as of September 30, 2014.


Part O. Veterans Appreciation Scholarship Fund.

§ 1–325.141. Veterans Appreciation Scholarship Fund.

(a) There is established as a nonlapsing fund the Veterans Appreciation Scholarship Fund “Fund”, which shall be used solely for the purposes set forth in subsection (c) of this section. The Fund shall be funded by appropriations.

(b) All funds deposited into the Veterans Appreciation Scholarship Fund, and any interest earned on those funds, shall not revert to the unrestricted find balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time, but shall be continually available for the uses and purposes set forth in subsection (a) of this section without regard to fiscal year limitation, subject to authorization by Congress.

(c) Subject to the availability of funds in the Fund, United States military personnel whose service began on or after September 11, 2001, and who are residents of the District of Columbia shall be granted reimbursement of tuition, fees, books, and other materials from the Fund for undergraduate and graduate courses at the University of the District of Columbia for a period of 4 years after their return from active duty.


(Mar. 20, 2009, D.C. Law 17-312, § 2, 56 DCR 35.)

Emergency Legislation

For temporary (90 day) addition, see § 1291 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 § 1291 of Fiscal Year Budget Support Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-260, January 4, 2010, 57 DCR 345).


Part P. Capital Project Support Fund.

§ 1–325.151. Definitions.

For the purposes of this part, the term:

(1) “Alley Rehabilitation Project” means the capital project designated as District Department of Transportation capital project CEL21C in the District’s capital improvement program.

(2) “Buyer agency” means a District department, office, or agency that places an order for goods or services using funds appropriated for a capital project pursuant to a memorandum of understanding.

(3) “Capital project” shall have the same meaning as provided in § 1-201.03(8).

(4) “Chief Financial Officer” means the Chief Financial Officer of the District of Columbia.

(4A) "Encumbered" means committed to pay for goods or services ordered but not yet received.

(5) “Fund” means the Capital Project Support Fund established by § 1-325.152.

(6) “Memorandum of understanding” means an agreement between District departments, offices, or agencies authorized pursuant to § 1-301.01(k)(1) to provide goods or services for the benefit of a capital project with payment to be made with funds appropriated for that capital project.

(7) “OCFO” means the Office of the Chief Financial Officer of the District of Columbia established by § 1-204.24a(a).

(7A) "Pre-encumbered" means held, but not yet committed, to pay for goods or services that are expected to be, but have not yet been, ordered.

(8) “Seller agency” means a District department, office, or agency that receives a transfer of funds appropriated for a capital project to provide goods or services related to that project pursuant to a memorandum of understanding.

(9) “Surplus capital funds” means unexpended funds appropriated for a capital project that have been identified by the OCFO as available for transfer pursuant to § 1-325.153a or § 1-325.153b.


(Mar. 3, 2010, D.C. Law 18-111, § 1261, 57 DCR 181; Oct. 22, 2015, D.C. Law 21-36, § 8042(a), 62 DCR 10905; Dec. 13, 2017, D.C. Law 22-33, § 8012(a), 64 DCR 7652.)

Section References

This section is referenced in § 1-325.154.

Effect of Amendments

The 2015 amendment by D.C. Law 21-36 rewrote the section.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 8012(a) 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 § 8012(a) of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).

For temporary (90 day) addition, see § 1041 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) addition, see § 1261 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 § 1261 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 days) amendment of this section, see § 8042(a) of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).

Short Title

Short title: Section 1260 of D.C. Law 18-111 provided that subtitle AA of title I of the act may be cited as the “Capital Project Support Fund Establishment Act of 2009”.

Short title: Section 1290 of D.C. Law 18-111 provided that subtitle DD of title I of the act may be cited as the “DCPL Capital Project Fund Designation Act of 2009”.

Editor's Notes

Section 1291 of D.C. Law 18-111 provided:

“Sec.1291. District of Columbia Public Library capital funds. All capital funds for the District of Columbia Public Library shall be separated by individual library project with available balances for each project and funding priority shall be given to wards where no renovation project exceeding $2.5 million in value has been undertaken since fiscal year 2006.”


§ 1–325.152. Capital Project Support Fund.

(a) There is established as a special fund the Capital Project Support Fund, which shall be administered by the Chief Financial Officer in accordance with this part.

(b) All surplus capital funds identified by the Chief Financial Officer pursuant to §§ 1-325.153a, 1-325.153b, and 1-325.153c shall be deposited into the Fund.


(Mar. 3, 2010, D.C. Law 18-111, § 1262, 57 DCR 181; Oct. 22, 2015, D.C. Law 21-36, § 8042(b), 62 DCR 10905; Dec. 13, 2017, D.C. Law 22-33, § 8012(b), 64 DCR 7652.)

Effect of Amendments

The 2015 amendment by D.C. Law 21-36 rewrote the section.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 8012(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 § 8012(b) of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).

For temporary (90 day) addition, see § 1042 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) addition, see § 1262 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 § 1262 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 days) amendment of this section, see § 8042(b) of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).


§ 1–325.153. Expenditures from Fund.

(a) Funding for an approved capital project may be provided through redirection in an approved budget and financial plan or through a reprogramming, pursuant to Chapter 3 of Title 47.

(b) Within 30 days of a request by the Mayor to reprogram the money in the Fund to an approved capital project, the Chief Financial Officer shall certify that the funds are available and the expenditure to support the project is in compliance with this part.


(Mar. 3, 2010, D.C. Law 18-111, § 1263, 57 DCR 181; Oct. 22, 2015, D.C. Law 21-36, § 8042(c), 62 DCR 10905.)

Effect of Amendments

The 2015 amendment by D.C. Law 21-36 deleted the former second sentence in (b), which read “If a project is to receive funds from both the Bond Account and the Non-Bond Account, the Chief Financial Officer shall also certify the amount to be funded from each account.”

Emergency Legislation

For temporary (90 day) addition, see § 1043 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) addition, see § 1263 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 § 1263 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 days) amendment of this section, see § 8042(c) of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).


§ 1–325.153a. Closure of capital budget memoranda of understanding; transfer of surplus capital funds.

(a) After the termination date of a memorandum of understanding, the buyer agency shall have 60 days to reconcile the accounting and budget data and close the funding line for the memorandum of understanding associated with the capital project in the system of accounting and reporting.

(b)(1) After the closing date of the memorandum of understanding, the Office of Budget and Planning within the OCFO shall notify the buyer agency and the seller agency of any issues that must be resolved to close the funding line for the memorandum of understanding in the project management system, including:

(A) Any outstanding issues related to removal of any encumbrances and pre-encumbrances:

(B) The need for reconciliation of the capital project budget and expenditures between the buyer agency and the seller agency related to the memorandum of understanding; or

(C) Needed accounting entries necessary to zero out the budget balance for the memorandum of understanding.

(2) After the 60-day reconciliation period required by subsection (a) of this section, the OCFO, through its Director of Capital Improvements, shall adjust entries to ensure the close of the funding line for a memorandum of understanding associated with a capital project, with no outstanding balances remaining.

(c) Any surplus capital funds that the Director of Capital Improvements identifies following the 60-day reconciliation period shall be deposited in the Capital Project Support Fund.


(March 3, 2010, D.C. Law 18-111, § 1263a; as added Oct. 22, 2015, D.C. Law 21-36, § 8042(d),62 DCR 10905.)

Emergency Legislation

For temporary (90 days) addition of this section, see § 8042(d) of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).


§ 1–325.153b. Transfer of other surplus capital funds.

(a) If a department, office, or agency has a capital project with an unexpended balance of more than $250,000 for which no funds have been expended, encumbered, or pre-encumbered for 2 consecutive years, the OCFO shall provide 30 days written notice to the department, office, or agency of the CFO's intent to transfer the surplus capital funds to the Capital Project Support Fund. The CFO shall make this transfer unless the department, office, or agency to which the funds have been budgeted or allotted:

(1) Certifies to the Mayor, Council, and OCFO, within the 30-day notice period that it intends to use the funds to implement the capital project within 18 months of the certification; and

(2) Submits a satisfactory activity report to the OCFO describing the status of the implementation within 180 days from the date of certification.

(b) The OCFO shall have sole and complete discretion to determine whether the activity report required by subsection (a) of this section is satisfactory. If the OCFO determines that an activity report is unsatisfactory, the OCFO shall transfer the surplus capital funds to the Capital Project Support Fund after providing 10 days written notice to the agency.

(c) The OCFO shall transfer to the Capital Project Support Fund surplus capital funds from a capital project with an unexpended balance of $250,000 or less for which no funds have been expended or encumbered for 3 consecutive years upon the OCFO’s identification of such funds.


(March 3, 2010, D.C. Law 18-111, § 1263b; as added Oct. 22, 2015, D.C. Law 21-36, § 8042(d),62 DCR 10905; Dec. 13, 2017, D.C. Law 22-33, § 8012(c), 64 DCR 7652.)

Emergency Legislation

For temporary (90 days) amendment of this section, see § 8012(c) 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 § 8012(c) of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).

For temporary (90 days) addition of this section, see § 8042(e) of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).


§ 1–325.153c. Release of encumbered or pre-encumbered funds; transfer of surplus capital funds.

(a) If a department, office, or agency has a capital project with $250,000 or less in encumbered or pre-encumbered funds that have been in an encumbered or pre-encumbered status for 2 consecutive years, the OCFO shall provide written notice to the department, office, or agency of the OCFO's identification of such funds.

(b) Within 30 days of receipt on this notice, the department, office, or agency to which the funds have been budgeted or allotted shall:

(1) Notify the OCFO in writing of its intent to expend the funds and provide a spending plan for the funds; or

(2) Release the funds.


(Mar. 3, 2010, D.C. Law 18-111, § 1263c; as added Dec. 13, 2017, D.C. Law 22-33, § 8012(d), 64 DCR 7652.)

Emergency Legislation

For temporary (90-day) creation of this section, see § 8012(d) of the Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017, effective October 24, 2017 (D.C. Act 22-167; 64 DCR 10802).

For temporary (90-day) creation of this section, see § 8012(d) of the Fiscal Year 2018 Budget Support Emergency Act of 2017, effective July 20, 2017 (D.C. Act 22-104; 64 DCR 7032).


§ 1–325.154. Reporting requirements.

The Chief Financial Officer shall submit a written report to the Mayor and the Council on a quarterly basis on the status of the Fund, including the current balance of the Fund and a list of the projects supported by the Fund.


(Mar. 3, 2010, D.C. Law 18-111, § 1264, 57 DCR 181; Oct. 22, 2015, D.C. Law 21-36, § 8042(e), 62 DCR 10905.)

Effect of Amendments

The 2015 amendment by D.C. Law 21-36 rewrote the section.

Emergency Legislation

For temporary (90 day) addition, see § 1044 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) addition, see § 1264 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 § 1264 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 days) amendment of this section, see § 8042(e) of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).


§ 1–325.155. Washington Metropolitan Area Transit Authority project.

(a) Except as provided in § 1-325.156 and notwithstanding any other provision of this part, the budget authority for an approved capital project shall be reprogrammed, pursuant to Chapter 3 of Title 47 [§  47-301 et seq.], for use pursuant to subchapter IV-A of Chapter 11 of Title 9 [§ 9-1108.01 et seq.]; provided, that:

(1) The capital project has been completed or the funds no longer considered necessary and budget authority remain available;

(2) For a capital project with a balance of more than $250,000, no funds have been expended or encumbered for 3 consecutive years, and the agency has not notified the Chief Financial Officer within 30 days of the end of the 3-year period that the agency intends to use the funds to implement the project within 18 months; or

(3) For a capital project with a remaining budget authority of $250,000 or less, the capital project has not been funded for 2 consecutive years.

(b) If at any time the Chief Financial Officer determines that certain funds are not needed to meet the requirements of the WMATA project, those funds may be reprogrammed, pursuant to Chapter 3 of Title 47, to any capital project that the Chief Financial Officer certifies a funding need.


(Mar. 3, 2010, D.C. Law 18-111, § 1265, 57 DCR 181; Oct. 22, 2015, D.C. Law 21-36, § 8042(f), 62 DCR 10905; Dec. 13, 2017, D.C. Law 22-33, § 8012(e)(2), 64 DCR 7652.)

Effect of Amendments

The 2015 amendment by D.C. Law 21-36 added “Except as provided in § 1-325.155 and” in (a).

Emergency Legislation

For temporary (90 days) amendment of this section, see § 8012(e) 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 § 8012(e) of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).

For temporary (90 day) addition, see § 1045 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) addition, see § 1265 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 § 1265 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) addition of section, see § 603 of Fiscal Year 2011 Supplemental Budget Support Emergency Act of 2010 (D.C. Act 18-694, January 19, 2011, 58 DCR 662).

For temporary (90 days) amendment of this section, see § 8042(f) of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).


§ 1–325.156. Alley Rehabilitation Project.

(a) Notwithstanding any other provision of this part, the Chief Financial Officer shall transfer to and retain in the Alley Rehabilitation Project the first $6 million of surplus capital funds identified pursuant to § 1-325.153a or § 1-325.153b, to be made available for purposes of the Alley Rehabilitation Project through a reprograming pursuant to Chapter 3 of Title 47 [§ 47-301 et seq.].

(b) This section shall expire on September 30, 2016.


(March 3, 2010, D.C. Law 18-111, § 1266; as added Oct. 22, 2015, D.C. Law 21-36, § 8042(g), 62 DCR 10905.)

Emergency Legislation

For temporary (90 days) addition of this section, see § 8042(g) of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).

Temporary Legislation

For temporary (225 days) amendment of this section, see § 2(c) of the Fiscal Year 2016 Budget Support Clarification Temporary Amendment Act of 2015 (D.C. Law 21-76, Feb. 27, 2016, 63 DCR 264).


Part Q. Senior Housing Modernization Grant Fund.

§ 1–325.161. Definitions. [Repealed]

Repealed.


(Aug. 12, 2010, D.C. Law 18-218, § 2, 57 DCR 5396; Dec. 24, 2013, D.C. Law 20-61, § 2082(a), 60 DCR 12472; Feb. 26, 2015, D.C. Law 20-155, § 9018, 61 DCR 9990.)

Effect of Amendments

The 2013 amendment by D.C. Law 20-61 rewrote (1).

Emergency Legislation

For temporary (90 days) amendment of this section, see §§ 2082(a) and 2083 of the Fiscal Year 2014 Budget Support Emergency Act of 2013 (D.C. Act 20-130, July 30, 2013, 60 DCR 11384, 20 DCSTAT 1827).

For temporary (90 days) amendment of this section, see §§ 2082(a) and 2083 of the Fiscal Year 2014 Budget Support Congressional Review Emergency Act of 2013 (D.C. Act 20-204, October 17, 2013, 60 DCR 15341, 20 DCSTAT 2311).

For temporary (90 days) repeal of this section, see §§ 9018 and 9029 of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696).

For temporary (90 days) repeal of this section, see §§ 9018 and 9029 of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 10915, 20 STAT 4188).

For temporary (90 days) repeal of this section, see § 9018 of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, January 9, 2015, 62 DCR 884, 21 STAT 541).

Short Title

Section 2081 of D.C. Law 20-61 provided that Subtitle I of Title II of the act may be cited as the “Senior Housing Modernization Grant Fund Emergency Amendment Act of 2013”.

Editor's Notes

Applicability of D.C. Law 20-61: Section 11001 of D.C. Law 20-61 provided that, except as otherwise provided, the act shall apply as of October 1, 2013.

Section 9029 of D.C. Law 20-155 provided that the repeal by § 9018 of the act shall apply as of September 30, 2014.


§ 1–325.162. Senior Citizens Housing Modernization Grant Fund. [Repealed]

Repealed.


(Aug. 12, 2010, D.C. Law 18-218, § 3, 57 DCR 5396; Dec. 24, 2013, D.C. Law 20-61, § 2082(b), 60 DCR 12472; Feb. 26, 2015, D.C. Law 20-155, § 9018, 61 DCR 9990.)

Section References

This section is referenced in § 1-325.161.

Effect of Amendments

The 2013 amendment by D.C. Law 20-61, in (b), substituted “Director” for “Deputy Mayor,” substituted “$20,000” for “$5,000,” and added the last sentence.

Emergency Legislation

For temporary (90 days) amendment of this section, see §§ 2082(b) and 2083 of the Fiscal Year 2014 Budget Support Emergency Act of 2013 (D.C. Act 20-130, July 30, 2013, 60 DCR 11384, 20 DCSTAT 1827).

For temporary (90 days) amendment of this section, see §§ 2082(b) and 2083 of the Fiscal Year 2014 Budget Support Congressional Review Emergency Act of 2013 (D.C. Act 20-204, October 17, 2013, 60 DCR 15341, 20 DCSTAT 2311).

For temporary (90 days) repeal of this section, see §§ 9018 and 9029 of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696).

For temporary (90 days) repeal of this section, see §§ 9018 and 9029 of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 10915, 20 STAT 4188).

For temporary (90 days) repeal of this section, see § 9018 of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, January 9, 2015, 62 DCR 884, 21 STAT 541).

Short Title

Section 2081 of D.C. Law 20-61 provided that Subtitle I of Title II of the act may be cited as the “Senior Housing Modernization Grant Fund Emergency Amendment Act of 2013”.

Editor's Notes

Applicability of D.C. Law 20-61: Section 11001 of D.C. Law 20-61 provided that, except as otherwise provided, the act shall apply as of October 1, 2013.

Section 9029 of D.C. Law 20-155 provided that the repeal by § 9018 of the act shall apply as of September 30, 2014.


§ 1–325.163. Eligibility for grants. [Repealed]

Repealed.


(Aug. 12, 2010, D.C. Law 18-218, § 4, 57 DCR 5396; Dec. 24, 2013, D.C. Law 20-61, § 2082(c), 60 DCR 12472; Feb. 26, 2015, D.C. Law 20-155, § 9018, 61 DCR 9990.)

Effect of Amendments

The 2013 amendment by D.C. Law 20-61 substituted “Director” for “Deputy Mayor” throughout the section; and rewrote (a).

Emergency Legislation

For temporary (90 days) amendment of this section, see §§ 2082(c) and 2083 of the Fiscal Year 2014 Budget Support Emergency Act of 2013 (D.C. Act 20-130, July 30, 2013, 60 DCR 11384, 20 DCSTAT 1827).

For temporary (90 days) amendment of this section, see §§ 2082(c) and 2083 of the Fiscal Year 2014 Budget Support Congressional Review Emergency Act of 2013 (D.C. Act 20-204, October 17, 2013, 60 DCR 15341, 20 DCSTAT 2311).

For temporary (90 days) repeal of this section, see §§ 9018 and 9029 of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696).

For temporary (90 days) repeal of this section, see §§ 9018 and 9029 of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 10915, 20 STAT 4188).

For temporary (90 days) repeal of this section, see § 9018 of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, January 9, 2015, 62 DCR 884, 21 STAT 541).

Short Title

Section 2081 of D.C. Law 20-61 provided that Subtitle I of Title II of the act may be cited as the “Senior Housing Modernization Grant Fund Emergency Amendment Act of 2013”.

Editor's Notes

Applicability of D.C. Law 20-61: Section 11001 of D.C. Law 20-61 provided that, except as otherwise provided, the act shall apply as of October 1, 2013.

Section 9029 of D.C. Law 20-155 provided that the repeal by § 9018 of the act shall apply as of September 30, 2014.


§ 1–325.164. Rules. [Repealed]

Repealed.


(Aug. 12, 2010, D.C. Law 18-218, § 5, 57 DCR 5396; Dec. 24, 2013, D.C. Law 20-61, § 2082(d), 60 DCR 12472; Feb. 26, 2015, D.C. Law 20-155, § 9018, 61 DCR 9990.)

Effect of Amendments

The 2013 amendment by D.C. Law 20-61 added “within 60 days of December 24, 2013” in the first sentence.

Emergency Legislation

For temporary (90 days) amendment of this section, see §§ 2082(d) and 2083 of the Fiscal Year 2014 Budget Support Emergency Act of 2013 (D.C. Act 20-130, July 30, 2013, 60 DCR 11384, 20 DCSTAT 1827).

For temporary (90 days) amendment of this section, see §§ 2082(d) and 2083 of the Fiscal Year 2014 Budget Support Congressional Review Emergency Act of 2013 (D.C. Act 20-204, October 17, 2013, 60 DCR 15341, 20 DCSTAT 2311).

For temporary (90 days) repeal of this section, see §§ 9018 and 9029 of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696).

For temporary (90 days) repeal of this section, see §§ 9018 and 9029 of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 10915, 20 STAT 4188).

For temporary (90 days) repeal of this section, see § 9018 of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, January 9, 2015, 62 DCR 884, 21 STAT 541).

Short Title

Section 2081 of D.C. Law 20-61 provided that Subtitle I of Title II of the act may be cited as the “Senior Housing Modernization Grant Fund Emergency Amendment Act of 2013”.

Editor's Notes

Applicability of D.C. Law 20-61: Section 11001 of D.C. Law 20-61 provided that, except as otherwise provided, the act shall apply as of October 1, 2013.

Section 9029 of D.C. Law 20-155 provided that the repeal by § 9018 of the act shall apply as of September 30, 2014.


Part R. H Street Retail Priority Area Fund.

§ 1–325.171. Definitions.

For the purposes of this part, the term:

(1) “Chief Financial Officer” means the Chief Financial Officer established by § 1-204.24(a).

(2) “DMPED” means the Office of the Deputy Mayor for Planning and Economic Development established by Mayor’s Order 99-62 (April 9, 1999).

(3) “Developer Sponsor” shall have the same meaning as provided in § 47-4634(1).

(4) “H Street Real Property Tax Increment Revenue” means the portion of the real property tax imposed by Chapter 8 of Title 47 on real property in the H Street, N.E., Retail Priority Area in any fiscal year that exceeds the amount of the real property tax imposed on the real property in the H Street, N.E., Retail Priority Area in the fiscal year ended September 30, 2007.

(5) Repealed.

(6) “H Street Retail Developer” means a person or corporation that proposes to, or provides technical assistance to, engage in the business of sale of personal property or services for use or consumption by the purchasers at locations in the H Street/Bladensburg Road/Benning Road, N.E., Corridor Retail Priority Area.

(7) “H Street Sales Tax Increment Revenue” means the portion of the sales tax imposed by Chapter 20 of Title 47 on goods and services sold in the H Street, N.E., Retail Priority Area in any fiscal year that exceeds the amount of the sales tax imposed in the H Street, N.E., Retail Priority Area in the fiscal year ended September 30, 2007.


(Apr. 8, 2011, D.C. Law 18-354, § 2, 58 DCR 754; Sept. 20, 2012, D.C. Law 19-168, § 2162(a), 59 DCR 8025; Feb. 26, 2015, D.C. Law 20-155, § 2092, 61 DCR 9990; Oct. 22, 2015, D.C. Law 21-36, § 2022(a), 62 DCR 10905; June 5, 2018, D.C. Law 22-105, § 3(a), 65 DCR 3784.)

Effect of Amendments

The 2012 amendment by D.C. Law 19-168 added “or services” in (6).

The 2015 amendment by D.C. Law 20-155 added “and, after October 1, 2014, the Bladensburg Road, N.E., Retail Priority Area, as defined in § 2-1217.73” at the end of (5).

The 2015 amendment by D.C. Law 21-36 rewrote (5).

Emergency Legislation

For temporary (90 day) amendment of section, see § 2162(a) of Fiscal Year 2013 Budget Support Emergency Act of 2012 (D.C. Act 19-383, June 19, 2012, 59 DCR 7764).

For temporary (90 day) amendment of section, see § 2162(a) of Fiscal Year 2013 Budget Support Congressional Review Emergency Act of 2012 (D.C. Act 19-413, July 25, 2012, 59 DCR 9290).

For temporary (90 days) amendment of this section, see § 2092 of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696).

For temporary (90 days) amendment of this section, see § 2092 of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 10915, 20 STAT 4188).

For temporary (90 days) amendment of this section, see § 2092 of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, January 9, 2015, 62 DCR 884, 21 STAT 541).

For temporary (90 days) amendment of this section, see § 2022(a) of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).


§ 1–325.172. Establishment of the H Street Retail Priority Area Grant Fund.

(a) There is established as a nonlapsing fund outside the General Fund of the District of Columbia a fund designated as the H Street Retail Priority Area Grant Fund. The Chief Financial Officer shall pay upon April 8, 2011, an amount not to exceed $5 million annually, but not to exceed $25 million in the aggregate, of the H Street Real Property Tax Increment Revenue and the H Street Sales Tax Increment Revenue into the H Street Retail Priority Area Grant Fund.

(b) All funds deposited into the H Street Retail Priority Area Grant Fund, and any interest earned on those funds, shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time, but shall be continually available for the uses and purposes set forth in subsection (c) of this section without regard to fiscal year limitation, subject to authorization by Congress.

(c) DMPED shall use a portion of each of the $5 million annual allocations into the H Street Retail Priority Area Grant Fund as follows:

(1)(A) Repay the General Fund of the District of Columbia annually for all tax abatements to the Developer Sponsor;

(B) The value of the tax abatements to the Developer Sponsor shall not exceed $5 million in the aggregate;

(2) Make grants to H Street Retail Developers in accordance with § 1-325.173;

(3) Beginning October 1, 2015, and ending September 30, 2018, make grants to support revitalization programs pursuant to § 2-1217.73b. Grants may be awarded for revitalization programs within any of the Retail Priority Areas established by or pursuant to § 2-1217.73.

(4)(A) In Fiscal Year 2016, the Deputy Mayor for Planning and Economic Development may use monies credited to the Fund to award up to $2 million in grants to one or more Qualified High Technology Companies (“QHTCs”), as defined by § 47-1817.01(5), for the purpose of assisting the recipients in making improvements to building space that is rented, or to be rented, and occupied exclusively, or to be occupied exclusively, by those QHTCs.

(B) The total amount of grants to a single recipient shall not exceed $1 million.

(d) The Mayor shall prepare and deliver an annual report to the Council each year on January 1st. The annual report shall contain a listing and description of each grant issued from the H Street Retail Priority Area Grant Fund pursuant to this part. Each listing shall contain specific information about the nature of the grant, the grantee, the use of the grant funds, the projected number of new jobs created for District residents, the projected economic benefit to the District, and any other information the Council may request regarding each grant.


(Apr. 8, 2011, D.C. Law 18-354, § 3, 58 DCR 754; Oct. 22, 2015, D.C. Law 21-36, §§ 2022(b), 2174, 62 DCR 10905; Oct. 8, 2016, D.C. Law 21-160, § 2132(a), 63 DCR 10775; June 5, 2018, D.C. Law 22-105, § 3(b), 65 DCR 3784.)

Effect of Amendments

The 2015 amendment by D.C. Law 21-36 added (c)(3) and (c)(4); and made related changes.

Emergency Legislation

For temporary (90 days) amendment of this section, see §§  2022(b) and 2174 of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).


§ 1–325.173. H Street/Bladensburg Road/Benning Road, N.E., Corridor Retail Priority Area business development.

(a) The Mayor shall publish no later than 120 days after April 8, 2011, and no less than annually after that date, a notice of funding availability to make grants to assist retail development projects which generate new jobs in new or improved existing retail space in the H Street/Bladensburg Road/Benning Road, N.E., Corridor Retail Priority Area.

(b)(1) Eligible development projects shall include businesses engaged in the sale of home furnishings, apparel, books, art, groceries, and general merchandise to specialized customers or service-oriented businesses providing a direct service to specialized customers or artistic endeavors, such as art galleries, theaters, or performing arts centers. Special consideration shall be given to businesses that include entrepreneurial and innovative retail elements.

(2) Eligible retail development projects shall not include liquor stores, restaurants whose annual alcohol sales exceed 20%, nightclubs, phone stores, or businesses with 20 or more locations in the United States.

(c) Eligibility for retail development projects shall include:

(1) Site control of the property either through fee simple ownership of the site or through an executed contract or lease with the property owner;

(2) Frontage on a commercial corridor within the H Street/Bladensburg Road/Benning Road, N.E., Corridor Retail Priority Area;

(3) Repealed;

(4) Execution of a First Source Agreement with the District’s Department of Employment Services; and

(5) Adherence to design, construction, and rehabilitation requirements as defined by DMPED.

(d)(1) A grant made available under this section shall be divided into thirds or fourths and disbursed accordingly in allotments to a grantee.

(2)(A) The Mayor shall request, and a grantee shall furnish, a receipt or receipts for the purpose of confirming that a grantee's expenditure of grant funds was allowable.

(B) Notwithstanding subparagraph (A) of this paragraph, unless the grantee fails to provide a receipt or receipts, the grantee's response shall not delay disbursement of the grantee's next allotment, except for the final allotment. Funds shall be made available to the grantee as quickly as possible.

(C) Nothing in this paragraph shall be construed to authorize the expenditure of grant funds inconsistent with their purpose.


(Apr. 8, 2011, D.C. Law 18-354, § 4, 58 DCR 754; Sept. 20, 2012, D.C. Law 19-168, § 2162(b), 59 DCR 8025; May 2, 2015, D.C. Law 20-262, § 4, 62 DCR 15116; Oct. 8, 2016, D.C. Law 21-160, § 2132(b), 63 DCR 10775; Dec. 13, 2017, D.C. Law 22-33, § 2153, 64 DCR 7652; June 5, 2018, D.C. Law 22-105, § 3(c), 65 DCR 3784.)

Section References

This section is referenced in § 1-325.172.

Effect of Amendments

The 2012 amendment by D.C. Law 19-168 rewrote (b); and repealed (c)(3), which read: “Total retail space which is not less than 1,200 square feet.”

The 2015 amendment by D.C. Law 20-262 added “whose annual alcohol sales exceed 20%” in (b).

Emergency Legislation

For temporary (90-day) creation of this section, see § 2153 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017, effective October 24, 2017 (D.C. Act 22-167; 64 DCR 10802).

For temporary (90-day) creation of this section, see § 2153 of Fiscal Year 2018 Budget Support Emergency Act of 2017, effective July 20, 2017 (D.C. Act 22-104; 64 DCR 7032).

For temporary (90 days) amendment of this section, see § 3 of H Street, N.E., Retail Priority Area Clarification Congressional Review Emergency Amendment Act of 2017 (D.C. Act 22-17, Feb. 27, 2017, 64 DCR 2363).

For temporary (90 days) amendment of this section, see § 3 of H Street, N.E., Retail Priority Area Clarification Emergency Amendment Act of 2016 (D.C. Act 21-550, Nov. 29, 2016, 63 DCR 15020).

For temporary (90 days) amendment of this section, see § 4 of H Street, N.E., Retail Priority Area Clarification Emergency Amendment Act of 2015 (D.C. Act 21-6, Feb. 23, 2015, 62 DCR 2474).

For temporary (90 day) amendment of section, see § 2162(b) of Fiscal Year 2013 Budget Support Emergency Act of 2012 (D.C. Act 19-383, June 19, 2012, 59 DCR 7764).

For temporary (90 day) amendment of section, see § 2162(b) of Fiscal Year 2013 Budget Support Congressional Review Emergency Act of 2012 (D.C. Act 19-413, July 25, 2012, 59 DCR 9290).

For temporary (90 days) amendment of this section, see § 2 of the H Street, N.E., Retail Priority Area Incentive Emergency Amendment Act of 2014 (D.C. Act 20-460, Oct. 24, 2014, 61 DCR 11377, 20 STAT 4367).

For temporary (90 days) amendment of this section, see § 3 of the H Street, N.E., Retail Priority Area Clarification Congressional Review Emergency Amendment Act of 2015 (D.C. Act 21-65, May 22, 2015, 62 DCR 6865, 21 DCSTAT 1444).

Temporary Legislation

For temporary (225 days) amendment of this section, see § 3 of H Street, N.E., Retail Priority Area Clarification Temporary Amendment Act of 2016 (D.C. Law 21-224, Mar. 11, 2017, 64 DCR 184).

For temporary (225 days) amendment of this section, see § 2 of the H Street, N.E., Retail Priority Area Incentive Temporary Amendment Act of 2014 (D.C. Law 20-170, March 7, 2015, 61 DCR 12121).

For temporary (225 days) amendment of this section, see §§ 4 and 5 of the H Street, N.E., Retail Priority Area Clarification Temporary Amendment Act of 2015 (D.C. Law 21-1, June 4, 2015, 62 DCR 4550).


Part S. West End Library and Fire Station Maintenance Fund.

§ 1–325.181. West End Library and Fire Station Maintenance Fund.

(a) There is established as a special fund the West End Library and Fire Station Maintenance Fund ("Maintenance Fund"),which shall be used solely to fundthe expenses of providing: supplemental maintenance service; common-area maintenance service; insurance; and capital improvements for the West End Library and West End Fire Station (collectively, the "Operating Expenses"). The Maintenance Fund shall supplement such other sums as are annually appropriated for the operation of branch libraries and fire stations, including the West End Library and West End Fire Station, and shall be used solely to ensure that both facilities are maintained in a manner that is consistent with the high-quality conditions of the larger buildings of which they are a part. The Maintenance Fund shall be used first to pay for the Operating Expenses, before other District funds are used, but the Maintenance Fund shall not be used otherwise to supplant local funds typically appropriated for the operation of branch libraries and fire stations.

(b) The Chief Financial Officer shall deposit into the Fund 85% of the Deed Transfer and Recordation Taxes attributable to the new buildings constructed on Lots 836, 837, and 855 in Square 37 (or such successor record or assessment and taxation lots as may be created through future subdivision or creation of condominium units).

(c) All funds deposited into the Fund, and any interest earned on those funds, shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time, but shall be continually available for the uses and purposes set forth in subsection (a) of this section without regard to fiscal year limitation, subject to appropriation.

(d)(1) The Department of General Services, in close consultation with the District of Columbia Public Library, shall manage the Maintenance Fund. To the extent that monies are needed to pay for the Operating Expenses, in addition to the Maintenance Fund, for the West End Library and the West End Fire Station, the additional monies appropriated for that purpose shall be allocated between the West End Library and West End Fire Station based upon each facility's respective proportionate share of the total annual aggregate Operating Expenses, as jointly determined by the Chief Librarian of the District of Columbia Public Library and the Director of the Department of General Services.

(2) The Mayor shall submit to the Council, as a part of the annual budget, a requested appropriation for expenditures from the Fund. This request shall be prepared for the Mayor by the Department of General Services working in close consultation with the District of Columbia Public Library. The appropriation for expenditures from the Maintenance Fund shall be depicted as a separate activity within the budget of the Department of General Services. Any monies received but not expended in a given fiscal year shall be retained by the Fund.

(e) The Fund shall be audited annually by the Inspector General, who shall transmit the audit report to the Mayor and Council no later than 90 days after close of the fiscal year. The annual audit shall include:

(1) The assets, liabilities, fund balance, revenue, and expenditures of the Fund;

(2) A detailed accounting of the Fund’s expenditures; and

(3) Identification of any Fund expenditures that were not permitted under the law.


(Apr. 8, 2011, D.C. Law 18-368, § 4, 58 DCR 991; Mar. 11, 2017, D.C. Law 21-221, § 2, 64 DCR 177.)

Section References

This section is referenced in § 47-919.

Editor's Notes

Section 2 of D.C. Law 18-368 provided:

“Definitions.

“For the purposes of this act, the term:

“(1) ‘Deed Transfer and Recordation Taxes’ means the revenue resulting from the imposition of the taxes under section 303 of the District of Columbia Deed Recordation Tax Act of 1962, approved March 2, 1962 (76 Stat. 11; D.C. Official Code § 42-1103), and section 47-903 of the District of Columbia Official Code.

“(2) ‘Developer’ means Eastbanc-W.D.C. Partners, LLC., its successors, affiliates, and assigns, either collectively or individually.

“(3) ‘District Property’ means the West End Library Property, Special Operations/MPD Building Property, and the West End Fire Station Property, as defined in paragraph (9) of this section.

“(4) ‘Fund’ means the West End Library and Fire Station Maintenance Fund established by section 4.

“(5) ‘Fund Managers’ means the Chief Librarian of the District of Columbia Public Library and the Mayor.

“(6) ‘LDDA’ means the Land Development and Disposition Agreement between the District and the Developer pursuant to the West End Parcels Disposition Approval Resolution of 2010, effective July 13, 2010 (Res.18-553; 57 DCR 7623).

“(7) ‘Maintenance Agreement’ means a West End Library and Fire Station Maintenance Agreement by and among the Fund Managers, and Developer, or its successors, or assigns, and established pursuant to section 5.

“(8) ‘Project’ means the acquisition, development, construction, installation, and equipping of the multi-use project to be located on the Property, to include:

“(A) A new library, estimated to contain approximately 20,000 gross square feet;

“(B) A new fire station, estimated to contain approximately 16,000 gross square feet;

“(C) A residential building on Square 37 estimated to contain approximately 224,390 gross square feet with approximately 153 units;

“(D) A residential rental building, including affordable housing units in Square 50, subject to public financial assistance;

“(E) Retail space estimated to contain approximately 9,600 gross square feet; and

“(F) Below-grade parking.

“(9) ‘Property’ means the following parcels of land located in Squares 37 and 50 in the District:

“(A) Square 37, Lot 836 (‘West End Library Property’);

“(B) Square 37, Lot 837 (‘Special Operations/MPD Building Property’);

“(C) Square 37, Lot 855 (‘Developer Property’);

“(D) Square 50, Lot 822 (‘West End Fire Station Property’); and

“(E) Related air rights parcels.

“(10) ‘West End Fire Station’ means a new fire station in Square 50 in the West End to be constructed by the Developer pursuant to the LDDA.

“(11) ‘West End Library’ means a new neighborhood branch library to be constructed in Square 37 in the West End by the Developer pursuant to the LDDA.”


Part T. Streetscape Loan Relief Fund.

§ 1–325.191. Streetscape Loan Relief Fund.

(a) There is established as a nonlapsing fund the Streetscape Loan Relief Fund (“Fund”), which shall be used solely to make loans in accordance with subsection (c) of this section. The Fund shall be funded by annual appropriations; provided, that for fiscal year 2011, the amount deposited in the Fund shall be $723,000. All funds received from repayments of loans shall be deposited into the Fund.

(b) All funds deposited into the Fund, and any interest earned on those funds, shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time, but shall be continually available for the uses and purposes set forth in subsection (c) of this section without regard to fiscal year limitation, subject to authorization by Congress.

(c) If the District undertakes a streetscape construction or rehabilitation project, the Mayor, in his or her sole discretion, may make interest-free loans from the Fund to any individual or entity that operates a retail business inside or adjoining the streetscape construction or rehabilitation project. To obtain a loan, a retail business shall submit a loan application in the form and with the information that the Mayor shall require. The Mayor shall determine the terms and conditions of each loan based upon the loan application submitted by the retail business; provided, that the term of a loan pursuant to this section shall not exceed 5 years after the termination of the streetscape construction or rehabilitation project.

(d) The Mayor, pursuant to subchapter I of Chapter 5 of Title 2 [§ 2-501 et seq.], may issue rules to implement the provisions of this section.


(Apr. 8, 2011, D.C. Law 18-370, § 603, 58 DCR 1008.)

Emergency Legislation

For temporary (90 day) addition of section, see § 1032 of Fiscal Year 2012 Budget Support Emergency Act of 2011 (D.C. Act 19-93, June 29, 2011, 58 DCR 5599).

For temporary (90 day) addition of section, see § 2 of Streetscape Reconstruction Emergency Act of 2012 (D.C. Act 19-268, January 12, 2012, 59 DCR 211).

For temporary (90 day) addition of section, see § 2 of Streetscape Reconstruction Congressional Review Emergency Act of 2012 (D.C. Act 19-340, April 8, 2012, 59 DCR 2786).

For temporary (90 days) streetscape reconstruction, see § 2 of the Streetscape Reconstruction Congressional Review Emergency of 2013 (D.C. Act 20-23, March 7, 2013, 60 DCR 3982, 20 DCSTAT 481).

Temporary Legislation

Section 2 of D.C. Law 19-121 added a section to read as follows:

“Sec. 2. Authority to reconstruct building projections upon completion of 18th Street streetscape project.

Section 4(b) of D.C. Law 19-121 provided that the act shall expire after 225 days of its having taken effect.

Section 2 of D.C. Law 19-246 added provisions concerning authority to reconstruct building projections upon completion of 18th Street streetscape project, to read as follows:

“(a) Upon completion of the 18th Street streetscape project (capital project number SR036A), a building owner or any tenant of the building owner shall be permitted to reconstruct any building projection that existed before the commencement of the streetscape project and that was altered because of the streetscape project; provided, that the building projection is identical to the building projection that existed at the commencement of the streetscape project and the building owner, or the tenants of the building owner, obtains the building and construction permits required by law and pays the associated building and construction permit fees; provided further, that reconstruction of any building projections for which no public space permit has been issued must be reconstructed as a temporary structure.

“(b) For the purposes of this section, the term:

“(1) ‘Building projection’ means a bay window, staircase, patio, sidewalk café, or other fixture attached to a building and located on public space.

“(2) ‘Streetscape project’ means a roadway reconstruction on a commercial main street.”

Section 4(b) of D.C. Law 19-246 provided that the act shall expire after 225 days of its having taken effect.

Short Title

Short title: Section 601 of D.C. Law 18-370 provided that subtitle A of title VI of the act may be cited as “Streetscape Fund Amendment Act of 2010”.

Delegation of Authority

Delegation of Authority pursuant to the Streetscape Fund Amendment Act of 2010, see Mayor’s Order 2011-128, July 29, 2011 ( 58 DCR 6692).


Part U. Council Technology Projects Fund.

§ 1–325.201. Council Technology Projects Fund.

(a) There is established as a nonlapsing fund the Council Technology Projects Fund (“Fund”). All funds deposited into the Fund, and any interest earned on those funds, shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time, but shall be continually available for the uses and purposes set forth in subsection (b) of this section without regard to fiscal year limitation, subject to authorization by Congress.

(b) The Fund shall be used for capital expenses, or for operating expenses related to furniture, fixtures, equipment, or maintaining or upgrading the technology used for the benefit of the Council and shall be administered by the Secretary to the Council.

(c) The following shall be deposited into the Fund:

(1) All excess monies remaining in the operating budget for the Council of the District of Columbia at the end of each fiscal year;

(2) Any interest earned from the monies deposited into the Fund; and

(3) Any other funds received on behalf of the Fund or the Council for the purpose of maintaining and upgrading the technology for the Council.


(Sept. 14, 2011, D.C. Law 19-21, § 1082, 58 DCR 6226; Oct. 22, 2015, D.C. Law 21-36, § 9002, 62 DCR 10905.)

Effect of Amendments

The 2015 amendment by D.C. Law 21-36 substituted “for capital expenses, or for operating expenses related to furniture, fixtures, equipment, or maintaining or upgrading the technology used for the benefit of the Council and shall be administered by the Secretary to the Council” for “solely for the purposes of maintaining and upgrading the technology used for the benefit of the Council and shall be administered by the Council's Chief Technology Officer” in (b).

Emergency Legislation

For temporary (90 days) amendment of this section, see § 9002 of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).

Short Title

Short title: Section 1081 of D.C. Law 19-21 provided that subtitle H of title I of the act may be cited as “Council Technology Projects Fund Establishment Act of 2011”.


Part V. Neighborhood Parade and Festival Fund.

§ 1–325.211. Neighborhood Parade and Festival Fund established.

(a) There is established as a nonlapsing fund the Neighborhood Parade and Festival Fund (“Fund”), which shall be administered by the Commission on Arts and Humanities, to be used for the purposes set forth in subsection (c) of this section.

(b)(1) Deposits into the Fund shall include:

(A) Federal funds, if any;

(B) Gifts, grants, and donations; and

(C) An annual appropriation of $107,000.

(2) All funds deposited into the Fund, and any interest earned on those funds, shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time, but shall be continually available for the uses and purposes set forth in subsection (c) of this section without regard to fiscal year limitation, subject to authorization by Congress.

(c) The Fund shall be used for parades, festivals, and any other celebrations sponsored by a neighborhood or civic association.

(d) The Commission on Arts and Humanities is authorized to make grants for the purposes described in this section. Grants made under this section shall be administered pursuant to the requirements set forth in part B of subchapter XII-A of this chapter [§ 1-328.11 et seq.].


(Sept. 20, 2012, D.C. Law 19-168, § 2033, 59 DCR 8025; Dec. 24, 2013, D.C. Law 20-61, § 2002(b), 60 DCR 12472.)

Section References

This section is referenced in § 39-204.

Effect of Amendments

The 2013 amendment by D.C. Law 20-61 substituted “Commission on Arts and Humanities” for “Deputy Mayor for Planning and Economic Development” in (a); added (b)(1)(C) and made related changes; and added (d).

Emergency Legislation

For temporary addition of section, see § 2033 of the Fiscal Year 2013 Budget Support Emergency Act of 2012 (D.C Act 19-383, June 19, 2012, 59 DCR 7764).

For temporary addition of section, see § 2035 of the Fiscal Year 2013 Budget Support Congressional Review Emergency Act of 2012 (D.C. Act 19-413, July 25, 2012, 59 DCR 9290).

For temporary (90 days) amendment of this section, see § 2002(b) of the Fiscal Year 2014 Budget Support Emergency Act of 2013 (D.C. Act 20-130, July 30, 2013, 60 DCR 11384, 20 DCSTAT 1827).

For temporary (90 days) amendment of this section, see § 2002(b) of the Fiscal Year 2014 Budget Support Congressional Review Emergency Act of 2013 (D.C. Act 20-204, October 17, 2013, 60 DCR 15341, 20 DCSTAT 2311).

Short Title

Section 2001 of D.C. Law 20-61 provided that Subtitle A of Title II of the act may be cited as the “Deputy Mayor for Planning and Economic Development Limited Grant-Making Authority Amendment Act of 2013”.

Editor's Notes

Applicability of D.C. Law 20-61: Section 11001 of D.C. Law 20-61 provided that, except as otherwise provided, the act shall apply as of October 1, 2013.


Part W. Innovation Fund.

§ 1–325.221. Definitions.

For the purposes of this part, the term:

(1) “Fund” means the City Innovation Fund established in § 1-325.222.

(2) “Grant-managing entity” means the Greater Washington Community Foundation.


(Dec. 24, 2013, D.C. Law 20-61, § 1012, 60 DCR 12472; Apr. 25, 2018, D.C. Law 22-86, § 2(a), 65 DCR 2102.)

Emergency Legislation

For temporary (90 days) addition of this section, see § 1012 of the Fiscal Year 2014 Budget Support Emergency Act of 2013 (D.C. Act 20-130, July 30, 2013, 60 DCR 11384, 20 DCSTAT 1827).

For temporary (90 days) addition of this section, see § 1012 of the Fiscal Year 2014 Budget Support Congressional Review Emergency Act of 2013 (D.C. Act 20-204, October 17, 2013, 60 DCR 15341, 20 DCSTAT 2311).

Short Title

Section 1011 of D.C. Law 20-61 provided that Subtitle B of Title I of the act may be cited as the “Innovation Fund Establishment Act of 2013”.

Editor's Notes

Applicability of D.C. Law 20-61: Section 11001 of D.C. Law 20-61 provided that, except as otherwise provided, the act shall apply as of October 1, 2013.


§ 1–325.222. Innovation Fund.

(a)(1) There is established as a special fund the City Innovation Fund ("Fund") to provide subgrants to nonprofit organizations in education, job training, health, services for seniors, arts, public safety, and the environment.

(2) The money deposited into the Fund shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time.

(3) Subject to authorization in an approved budget and financial plan, any funds appropriated in the Fund shall be continually available without regard to fiscal year limitation.

(b)(1) The Mayor shall make one or more grants to the grant-managing entity from the Fund, which shall be used to make subgrants for the purpose of promoting a growing economy, education improvement, increasing sustainability, and improving the quality of life for all residents.

(2) Any costs to the District to administer the grant funds shall be paid out of the Fund.

(3) Up to 6% of each disbursement from the Fund to the grant-managing entity may be utilized by the grant-managing entity for administrative expenses and evaluation of the Fund.

(c) The Fund is designed to provide subgrants to nonprofits in education, job training, health, services for seniors, arts, public safety, and the environment. The funds shall be available for conveyance to a grant-managing entity for the purposes identified in subsection (b) of this section.

(d) Subgrants shall be awarded, subject to the availability of funding, as follows:

(1) All subgrants shall be awarded on a competitive basis;

(2) The subgrants shall not exceed $200,000 per year;

(3) Capacity-building subgrants are one-time and can be carried over for a maximum of 3 years;

(4) Program-development subgrants are limited to a maximum of 3 years and contingent on first-year grant outcomes;

(5) The subgrant funds shall be used exclusively to serve District of Columbia residents;

(6) Independent review panels shall be used as part of the subgrant selection process; and

(7) All subgrants shall be subject to District transparency requirements, such as Freedom of Information Act requests.

(e) The Fund shall be administered pursuant to the requirements set forth in part B of subchapter XII-A of this chapter [§ 1-328.11 et seq.].

(f) The Fund shall be overseen by the Deputy Mayor for Health and Human Services; provided, that the Chief Financial Officer shall assign an individual agency-level code for the Fund in the District's financial system.

(g) Not Funded.


(Dec. 24, 2013, D.C. Law 20-61, § 1013, 60 DCR 12472; Apr. 25, 2018, D.C. Law 22-86, § 2(b), 65 DCR 2102.)

Section References

This section is referenced in § 1-325.221 and § 1-325.223.

Applicability

Applicability of D.C. Law 22-86: § 3 of D.C. Law 22-86 provided that the addition of subsection (g) of this section by § 2(b) of D.C. Law 22-86 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Emergency Legislation

For temporary (90 days) addition of this section, see § 1013 of the Fiscal Year 2014 Budget Support Emergency Act of 2013 (D.C. Act 20-130, July 30, 2013, 60 DCR 11384, 20 DCSTAT 1827).

For temporary (90 days) addition of this section, see § 1013 of the Fiscal Year 2014 Budget Support Congressional Review Emergency Act of 2013 (D.C. Act 20-204, October 17, 2013, 60 DCR 15341, 20 DCSTAT 2311).

Editor's Notes

Applicability of D.C. Law 20-61: Section 11001 of D.C. Law 20-61 provided that, except as otherwise provided, the act shall apply as of October 1, 2013.


§ 1–325.223. Required information before approval.

(a) To be eligible to receive a subgrant from the grant-managing entity pursuant to § 1-325.222, a subgrantee shall submit the following required documentation to the grant-managing entity as well as any additional information required by the grant-managing entity:

(1) Internal Revenue Service certification that the organization is tax-exempt under section 501(c)(3) of the Internal Revenue Code of 1986, approved August 16, 1954 (68A Stat. 163; 26 U.S.C. § 501(c)(3));

(2)(A) The organization’s most recent financial audit, not more than 2 years old; or

(B) A recent financial statement, not more than one year old, prepared by a certified accountant that shows that the organization is in good financial standing and which delineates its:

(i) Existing assets and liabilities;

(ii) Pending lawsuits, if any; and

(iii) Pending and final judgments, if any;

(3) Internal Revenue Service Form 990 covering the organization’s most recently completed fiscal year;

(4) A notarized statement from the subgrantee certifying that:

(A) The organization is current on District and federal taxes;

(B) The grant-managing entity is authorized to verify the organization’s tax status with the Office of Tax and Revenue and the Office of Tax and Revenue is authorized to release this information to the grant-managing entity;

(C) The grant-managing entity shall have access to the financial, administrative, and operational records, including specific consent for the grant-managing entity to access its books, accounts, records, findings, and documents related to the subgrant; and

(D) The subgrantee is registered with the Department of Consumer and Regulatory Affairs; and

(5) A comprehensive program statement that includes a detailed:

(A) Scope of work; and

(B) Budget that describes how the subgrant funds shall be spent.


(Dec. 24, 2013, D.C. Law 20-61, § 1014, 60 DCR 12472.)

Emergency Legislation

For temporary (90 days) addition of this section, see § 1014 of the Fiscal Year 2014 Budget Support Emergency Act of 2013 (D.C. Act 20-130, July 30, 2013, 60 DCR 11384, 20 DCSTAT 1827).

For temporary (90 days) addition of this section, see § 1014 of the Fiscal Year 2014 Budget Support Congressional Review Emergency Act of 2013 (D.C. Act 20-204, October 17, 2013, 60 DCR 15341, 20 DCSTAT 2311).

Editor's Notes

Applicability of D.C. Law 20-61: Section 11001 of D.C. Law 20-61 provided that, except as otherwise provided, the act shall apply as of October 1, 2013.


§ 1–325.224. Reporting requirements.

Beginning January 2, 2015, the grant-managing entity shall submit an annual report to the Mayor and the Council of all District funds allocated, which includes:

(1) Detailed subgrantee data;

(2) Performance measures and performance outcomes under each subgrant;

(3) The specific services provided under each subgrant;

(4) The entity providing the services, if one other than the subgrantee;

(5) The time period of delivery of the services;

(6) The type of service provided;

(7) The actual amount paid for the services; and

(8) The amount of other expenditures under the subgrant, if any.


(Dec. 24, 2013, D.C. Law 20-61, § 1015, 60 DCR 12472.)

Emergency Legislation

For temporary (90 days) addition of this section, see § 1015 of the Fiscal Year 2014 Budget Support Emergency Act of 2013 (D.C. Act 20-130, July 30, 2013, 60 DCR 11384, 20 DCSTAT 1827).

For temporary (90 days) addition of this section, see § 1015 of the Fiscal Year 2014 Budget Support Congressional Review Emergency Act of 2013 (D.C. Act 20-204, October 17, 2013, 60 DCR 15341, 20 DCSTAT 2311).

Editor's Notes

Applicability of D.C. Law 20-61: Section 11001 of D.C. Law 20-61 provided that, except as otherwise provided, the act shall apply as of October 1, 2013.


§ 1–325.225. Authorization for grant-managing entity.

The grant-managing entity shall be required to enter into a Memorandum of Understanding ("MOU") with the District of Columbia government. The MOU shall set forth certain administrative requirements for the grant-managing entity to abide by when it obtains District funds and awards subgrants involving District funds, and will clarify and reaffirm the grant-managing entity's responsibility and obligation with respect to District funds, including the monitoring of the use of District funds.


(Dec. 24, 2013, D.C. Law 20-61, § 1016, 60 DCR 12472; Apr. 25, 2018, D.C. Law 22-86, § 2(c), 65 DCR 2102.)

Section References

This section is referenced in § 1-325.221.

Emergency Legislation

For temporary (90 days) addition of this section, see § 1016 of the Fiscal Year 2014 Budget Support Emergency Act of 2013 (D.C. Act 20-130, July 30, 2013, 60 DCR 11384, 20 DCSTAT 1827).

For temporary (90 days) addition of this section, see § 1016 of the Fiscal Year 2014 Budget Support Congressional Review Emergency Act of 2013 (D.C. Act 20-204, October 17, 2013, 60 DCR 15341, 20 DCSTAT 2311).

Editor's Notes

Applicability of D.C. Law 20-61: Section 11001 of D.C. Law 20-61 provided that, except as otherwise provided, the act shall apply as of October 1, 2013.


§ 1–325.226. Limitation on duplicative projects.

(a) The grant-managing entity shall take steps to avoid awarding subgrants to a nonprofit that has been awarded or is being awarded funds from the DC Children and Youth Investment Trust Corporation (“Trust”) for the same or similar program purposes for which it is applying for funding from the Fund.

(b) Within 30 days after the effective date of the MOU, the grant-managing entity shall provide to the Mayor, or his or her designee, and the Council, a plan that sets forth procedures for avoiding the award of duplicative funds from the Trust and the Fund.


(Dec. 24, 2013, D.C. Law 20-61, § 1017, 60 DCR 12472.)

Emergency Legislation

For temporary (90 days) addition of this section, see § 1017 of the Fiscal Year 2014 Budget Support Emergency Act of 2013 (D.C. Act 20-130, July 30, 2013, 60 DCR 11384, 20 DCSTAT 1827).

For temporary (90 days) addition of this section, see § 1017 of the Fiscal Year 2014 Budget Support Congressional Review Emergency Act of 2013 (D.C. Act 20-204, October 17, 2013, 60 DCR 15341, 20 DCSTAT 2311).

Editor's Notes

Applicability of D.C. Law 20-61: Section 11001 of D.C. Law 20-61 provided that, except as otherwise provided, the act shall apply as of October 1, 2013.


Part X. Bank Fees Special Fund.

§ 1–325.231. Bank Fees Special Fund.

(a) There is established as a special fund the Bank Fees Special Fund (“Fund”), which shall be administered by the Chief Financial Officer in accordance with subsection (c) of this section.

(b) Beginning October 1, 2013, the following sources shall be deposited into the Fund:

(1) All interest earned on public funds under the custody of the Chief Financial Officer in a general fund account that is not otherwise restricted; and

(2) Such amounts from the unassigned General Fund of the District of Columbia balance as may be required to pay bank fees and charges, as they come due, in excess of the interest earned on public funds as described in paragraph (1) of this subsection.

(c) The Fund shall be used to pay bank fees and charges.


(Dec. 24, 2013, D.C. Law 20-61, § 7042, 60 DCR 12472.)

Emergency Legislation

For temporary (90 days) addition of this section, see § 7042 of the Fiscal Year 2014 Budget Support Emergency Act of 2013 (D.C. Act 20-130, July 30, 2013, 60 DCR 11384, 20 DCSTAT 1827).

For temporary (90 days) addition of this section, see § 7042 of the Fiscal Year 2014 Budget Support Congressional Review Emergency Act of 2013 (D.C. Act 20-204, October 17, 2013, 60 DCR 15341, 20 DCSTAT 2311).

Short Title

Section 7041 of D.C. Law 20-61 provided that Subtitle D of Title VII of the act may be cited as the “Bank Fees Special Fund Act of 2013”.

Editor's Notes

Applicability of D.C. Law 20-61: Section 11001 of D.C. Law 20-61 provided that, except as otherwise provided, the act shall apply as of October 1, 2013.


Part Y. Bank Fees Special Fund.

§ 1–325.241. WMATA Momentum Fund.

[Applicable when federal law permits the District to impose a sales tax on sales over the Internet].


(Dec. 24, 2013, D.C. Law 20-61, § 7314, 60 DCR 12472; Oct. 22, 2015, D.C. Law 21-36, § 7023(b), 62 DCR 10905 .)

Effect of Amendments

The 2015 amendment by D.C. Law 21-36 would have substituted “shall consist of the revenue” for “shall consist of 50% of the revenue” in (b).

Emergency Legislation

For temporary (90 days) addition of this section, see §§ 7314 and 7315 of the Fiscal Year 2014 Budget Support Emergency Act of 2013 (D.C. Act 20-130, July 30, 2013, 60 DCR 11384, 20 DCSTAT 1827).

For temporary (90 days) addition of this section, see §§ 7314 and 7315 of the Fiscal Year 2014 Budget Support Congressional Review Emergency Act of 2013 (D.C. Act 20-204, October 17, 2013, 60 DCR 15341, 20 DCSTAT 2311).

For temporary (90 days) amendment of this section, see § 7016(aa)(2) of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).

For temporary (90 days) amendment of D.C. Law 20-61, § 7315, see § 7016(aa)(3) of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).

Short Title

Section 7311 of D.C. Law 20-61 provided that Subtitle EE of Title VII of the act may be cited as the “Internet Sales Tax, Homelessness Prevention, and WMATA Momentum Fund Establishment Act of 2013”.

Editor's Notes

Applicability of D.C. Law 20-61: Section 7315 of D.C. Law 20-61, as amended by D.C. Law 21-36, § 7023(c), provided that §§ 7311 through 7315 of the act shall apply as of the effective date of federal legislation or judicial action that permits the District to impose a sales tax on sales over the Internet.


Part Z. Schools Technology Fund.

§ 1–325.251. Schools Technology Fund.

(a) There is established as a special fund the Schools Technology Fund (“Fund”), which shall be administered by the Office of the State Superintendent of Education in accordance with subsection (c) of this section.

(b) The Fund shall consist of appropriated amounts.

(c)(1) The Fund shall be used to improve technology at District of Columbia Public Schools and District of Columbia Public Charter Schools.

(2) For fiscal year 2014, the Office of the State Superintendent of Education shall distribute the amounts in the fund to local education agencies (“LEAs”) on a per-pupil basis, based on the Fall 2012 audited enrollment.

(3) In fiscal year 2015 and each fiscal year thereafter, the Office of the State Superintendent of Education shall distribute any amounts in the fund to LEAs on a per-pupil basis, based on the audited enrollment for the preceding school year.

(d) By November 15 of each year, each LEA receiving money from the Fund shall submit to the Office of the State Superintendent of Education a report of all expenditures from the Fund for the preceding fiscal year. The report shall include the following information:

(1) A detailed description of the equipment or software that was purchased by the LEA with money from the Fund, including the cost associated with each piece of equipment or software; and

(2) A detailed description of the technological improvements that were made to the LEA’s school facilities using money from the Fund.


(Dec. 24, 2013, D.C. Law 20-61, § 10005, 60 DCR 12472; Oct. 22, 2015, D.C. Law 21-36, § 4012, 62 DCR 10905.)

Effect of Amendments

The 2015 amendment by D.C. Law 21-36 added (d).

Emergency Legislation

For temporary (90 days) addition of this section, see § 10005 of the Fiscal Year 2014 Budget Support Emergency Act of 2013 (D.C. Act 20-130, July 30, 2013, 60 DCR 11384, 20 DCSTAT 1827).

For temporary (90 days) addition of this section, see § 10005 of the Fiscal Year 2014 Budget Support Congressional Review Emergency Act of 2013 (D.C. Act 20-204, October 17, 2013, 60 DCR 15341, 20 DCSTAT 2311).

For temporary (90 days) amendment of this section, see § 4012 of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).

Short Title

Applicability of D.C. Law 20-61: Section 11001 of D.C. Law 20-61 provided that, except as otherwise provided, the act shall apply as of October 1, 2013.

Editor's Notes

Section 10001 of D.C. Law 20-61 provided that Title X of the act may be cited as the “Revised Revenue Estimate Adjustment Allocation Act of 2013”.


Part AA. End Homelessness Fund.

§ 1–325.261. End Homelessness Fund.

(a) There is established as a special fund the End Homelessness Fund (“Fund”), which shall be administered by the Department of Human Services in accordance with subsection (c) of this section.

(b) The Fund shall consist of 50% of the revenue from the automated traffic enforcement program, to the extent that the revenue is offset by revenue from a tax imposed by Chapter 39A of Title 47 [§ 47-3931 et seq.] on sales made via the Internet, and interest earned on that revenue, but not to exceed $50 million in a fiscal year.

(c) The Fund shall be used to end homelessness in the District, as set forth in a plan and legislation prepared by the Director to End Homelessness and the Interagency Council on Homelessness and transmitted to the Council for enactment. No moneys may be used from the Fund to supplant existing funding for programs already in existence.

(d)(1) The money deposited into the Fund, and interest earned, shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time.

(2) Subject to authorization by Congress, any funds appropriated in the Fund shall be continually available without regard to fiscal year limitation.


(Dec. 24, 2013, D.C. Law 20-61, § 5192, 60 DCR 12472.)

Emergency Legislation

For temporary (90 days) addition of this section, see § 5192 of the Fiscal Year 2014 Budget Support Emergency Act of 2013 (D.C. Act 20-130, July 30, 2013, 60 DCR 11384, 20 DCSTAT 1827).

For temporary (90 days) addition of this section, see § 5192 of the Fiscal Year 2014 Budget Support Congressional Review Emergency Act of 2013 (D.C. Act 20-204, October 17, 2013, 60 DCR 15341, 20 DCSTAT 2311).

Short Title

Section 5191 of D.C. Law 20-61 provided that Subtitle R of Title V of the act may be cited as the “End Homelessness Fund Act of 2013”.

Editor's Notes

Applicability of D.C. Law 20-61: Section 11001 of D.C. Law 20-61 provided that, except as otherwise provided, the act shall apply as of October 1, 2013.


Part BB. Surplus Personal Property Sales Fund.

§ 1–325.271. Surplus Personal Property Sales Fund. [Repealed]

Repealed.


(Feb. 26, 2015, D.C. Law 20-155, § 1062, 61 DCR 9990; Oct. 22, 2015, D.C. Law 21-36, § 1013, 62 DCR 10905.)

Emergency Legislation

For temporary (90 days) addition of this part, see § 1062 of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696).

For temporary (90 days) addition of this part, see § 1062 of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 10915, 20 STAT 4188).

For temporary (90 days) addition of this part, see § 1062 of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, January 9, 2015, 62 DCR 884, 21 STAT 541).

For temporary (90 days) repeal of this section, see § 1013 of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).


Part CC. Department of Behavioral Health Enterprise Fund.

§ 1–325.281. Department of Behavioral Health Enterprise Fund.

(a) There is established as a special fund the Department of Behavioral Health Enterprise Fund (“Fund”), which shall be administered by the Department of Behavioral Health (“Department”) in accordance with subsection (c) of this section.

(b) The Fund shall consist of revenue from the following fees, proceeds, and revenues collected from the following activities and operations:

(1) Proceeds from the cafeteria managed and operated by the Department on the St. Elizabeths Hospital Campus;

(2) Fees charged for trainings and Continuing Education Units by the Department’s Organizational Development- DMH Training Institute; and

(3) Recoupment and collection of housing bridge subsidy payments from individual consumers, representative payees, and landlords by the Department’s Adult Services Supported Housing program.

(c) The Fund shall be used for the management and operation of the food cafeteria, DMH Training Institute, and Supported Housing programs managed and operated by the Department.


(Feb. 26, 2015, D.C. Law 20-155, § 5042, 61 DCR 9990.)

Emergency Legislation

For temporary (90 days) addition of this part, see § 5042 of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696).

For temporary (90 days) addition of this part, see § 5042 of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 10915, 20 STAT 4188).

For temporary (90 days) addition of this part, see § 5042 of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, January 9, 2015, 62 DCR 884, 21 STAT 541).


Part DD. IPW Fund.

§ 1–325.291. IPW Fund.

(a) There is established as a special fund the IPW Fund (“Fund”), which shall be administered by Destination DC in accordance with subsection (c) of this section.

(b) The following funds shall be deposited into the Fund:

(1) Upon approval of the settlement by the District of Columbia Court of Appeals in District of Columbia v. Expedia, Inc., et al., Nos. 14-CV-308, 14-CV-309 and subject to subsection (d) of this section, $2 million from the settlement the District obtained;

District of Columbia Court of Appeals in District of Columbia v. Expedia, Inc., et al.,

(1-A) The amount of $1.5 million from any recoveries from litigation brought on behalf of the District; provided, that the Litigation Support Fund established in § 1-301.86b has reached its initial balance cap; and

(2) In private-sector matching funds, $3.5 million to be raised by Destination DC.

(c) Money in the Fund shall be used to pay for the costs associated with hosting the U.S. Tourism Association’s annual international tourism conference, known as the IPW.

(d) The portion of the Fund described in subsection (b)(1) of this section shall be available for expenditure only if Destination DC raises private-sector matching funds on a one-to-one basis. Destination DC shall return to the District any settlement funds for which a private- sector match is not secured.

(e) Destination DC shall submit an annual report by the end of each fiscal year to the Mayor and Council, which shall include the amount of private-sector matching funds raised and the amount expended from the Fund.

(f)(1) The money deposited into the Fund, and interest earned, shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time.

(2) Subject to authorization in an approved budget and financial plan, any funds appropriated in the Fund shall be continually available without regard to fiscal year limitation.


(Feb. 26, 2015, D.C. Law 20-155, § 7152, 61 DCR 9990; Oct. 22, 2015, D.C. Law 21-36, §§ 7024(b), 7242(a), 62 DCR 10905.)

Effect of Amendments

The 2015 amendment by D.C. Law 21-36, in (b)(1), substituted “the settlement” for “the $ 60.9 million settlement” and substituted “$ 2 million” for “$ 3.5 million”; and added (b)(1A) and made a related change.

Emergency Legislation

For temporary (90 days) addition of this part, see § 7162 of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696).

For temporary (90 days) addition of this part, see § 7152 of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 10915, 20 STAT 4188).

For temporary (90 days) addition of this part, see § 7152 of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, January 9, 2015, 62 DCR 884, 21 STAT 541).

For temporary (90 days) amendment of this section, see §§ 7016(z)(2) and 7212(a) of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).


Part EE. Destination DC marketing Fund.

§ 1–325.301. Destination DC Marketing Fund.

(a) There is established as a special fund the Destination DC Marketing Fund (“Fund”), which shall be established under the auspices of and administered by Destination DC, and which shall be used by Destination DC for the purposes of marketing the District.

(b) The amount of $1.5 million shall be deposited into the Fund from the settlement the District obtained with online travel companies to recover unpaid hotel-room taxes, only upon approval of the settlement by the District of Columbia Court of Appeals, District of Columbia v. Expedia, Inc., et al., Nos. 14-CV-308, 14-CV-309.

(c)(1) The money deposited into the Fund, and interest earned, shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time.

(2) Subject to authorization in an approved budget and financial plan, any funds appropriated in the Fund shall be continually available without regard to fiscal year limitation.


(Feb. 26, 2015, D.C. Law 20-155, § 7153, 61 DCR 9990; Oct 22, 2015, D.C. Law 21-36, § 7024(c), 62 DCR 10905.)

Effect of Amendments

The 2015 amendment by D.C. Law 21-36 substituted “the settlement” for “the $ 60.9 million settlement” in (b).

Emergency Legislation

For temporary (90 days) addition of this part, see § 7163 of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696).

For temporary (90 days) addition of this part, see § 7153 of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 10915, 20 STAT 4188).

For temporary (90 days) addition of this part, see § 7153 of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, January 9, 2015, 62 DCR 884, 21 STAT 541).

For temporary (90 days) amendment of this section, see § 7016(z)(3) of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).


Part FF. Department of Behavioral Health Enterprise Fund.

§ 1–325.311. WMATA Operations Support Fund.

(a) There is established as a special fund the WMATA Operations Support Fund ("Fund"), which shall be administered by the Chief Financial Officer in accordance with subsection (c) of this section.

(b)(1) Upon affirmance of the trial court's summary-judgment rulings by the District of Columbia Court of Appeals in District of Columbia v. Expedia, Inc., et al., Nos. 14-CV-308, 14-CV-309, the full amount the District obtains pursuant to the consent judgments entered by the trial court, to include any additional amounts in taxes and interest paid by defendants or accrued during the pendency of that litigation, minus the amounts designated for other purposes in sections 7152 and 7153 and in the Fiscal Year 2015 and Fiscal Year 2016 Revised Budget Request Adjustment Emergency Act of 2015, effective October 6, 2015 (D.C. Act 21-153; 62 DCR 13178), and the Fiscal Year 2015 and Fiscal Year 2016 Revised Budget Request Adjustment Temporary Act of 2015, enacted on October 22, 2015 (D.C. Act 21-171; 62 DCR 13979), shall be deposited into the Fund.

(2) The full amount the District obtains pursuant to any and all settlements, judgments, or recoveries in District of Columbia v. Bank of America, N.A., et al., No. 2008 CA 007763 B, to include any additional amounts in taxes and interest paid by defendants or accrued during the pendency of that litigation, shall be deposited into the Fund.

(c) The monies in the Fund shall be available to fund extraordinary or unanticipated operating or capital needs of the Washington Metropolitan Area Transit Authority ("WMATA") that arise outside of WMATA's regular inter-jurisdictional subsidy allocation formulae.

(d)(1) The money deposited into the Fund, and interest earned, shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time.

(2) Subject to authorization in an approved budget and financial plan, any funds appropriated in the Fund shall be continually available without regard to fiscal year limitation.


(Feb. 26, 2015, D.C. Law 20-155, § 7154, 61 DCR 9990; Oct. 22. 2015, D.C. Law 20-36, §§ 7024(d), 7242(b), 62 DCR 10905; Oct. 8, 2016, D.C. Law 21-160, § 7023, 63 DCR 10775.)

Effect of Amendments

The 2015 amendment by D.C. Law 21-36 substituted “the full amount the District obtained from the settlement, minus the amounts designated for other purposes in §§ 1-325.291 and 1-325.301” for “$ 55.9 million from the $ 60.9 million settlement the District obtained” in (b); and added (b-1).

Emergency Legislation

For temporary (90 days) addition of this part, see § 7164 of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696).

For temporary (90 days) addition of this part, see § 7154 of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 10915, 20 STAT 4188).

For temporary (90 days) addition of this part, see § 7154 of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, January 9, 2015, 62 DCR 884, 21 STAT 541).

For temporary (90 days) amendment of this section, see §§ 7016(z)(4) and 7212(b) of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).

For temporary (90 days) repeal of D.C. Law 21-36, § 7024(d), see § 2(c) of the Fiscal Year 2016 Budget Support Clarification Emergency Amendment Act of 2015 (D.C. Act 21-164, Oct. 16, 2015, 62 DCR 13734).

For temporary (90 days) amendment of this section, see §§  2(e) and 6 of the Fiscal Year 2016 Budget Support Clarification Emergency Amendment Act of 2015 (D.C. Act 21-164, Oct. 16, 2015, 62 DCR 13734).

For temporary (90 days) repeal of emergency D.C. Act 21-127, § 7016(z)(4), see § 3(a) of the Fiscal Year 2016 Budget Support Clarification Emergency Amendment Act of 2015 (D.C. Act 21-164, Oct. 16, 2015, 62 DCR 13734).

For temporary (90 days) repeal of D.C. Law 21-36, § 7024(d), see § 2 of the Fiscal Year 2016 Budget Support Clarification Emergency Amendment Act of 2016 (D.C. Act 21-292, Jan. 27, 2016, 63 DCR 1211).

For temporary (90 days) amendment of this section, see § 3 of the Fiscal Year 2016 Budget Support Clarification Emergency Amendment Act of 2016 (D.C. Act 21-292, Jan. 27, 2016, 63 DCR 1211).

Temporary Legislation

For temporary (225 days) amendment of this section, see §§ 2(b) and 4 of the Fiscal Year 2016 Budget Support Clarification Temporary Amendment Act of 2015 (D.C. Law 21-76, Feb. 27, 2016, 63 DCR 264).


Part GG. Teen Pregnancy Prevention Fund.

§ 1–325.321. Definitions.

For the purposes of this part, the term:

(1) “Fund” means the Teen Pregnancy Prevention Fund established in § 1-325.322.

(2) “Grant-managing entity” means , for Fiscal Year 2017, the Department of Health, as authorized by § 1-325.325.


(Feb. 26, 2015, D.C. Law 20-155, § 5142, 61 DCR 9990; Oct. 8, 2016, D.C. Law 21-160, § 5052(a), 63 DCR 10775.)

Emergency Legislation

For temporary (90 days) addition of this part, see § 5152-5156 of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696).

For temporary (90 days) addition of this part, see §§ 5142-5147 of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 10915, 20 STAT 4188).

For temporary (90 days) addition of this part, see §§ 5142-5147 of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, January 9, 2015, 62 DCR 884, 21 STAT 541).


§ 1–325.322. Teen Pregnancy Prevention Fund.

(a) There is established a Teen Pregnancy Prevention Fund (“Fund”) to provide grants to nonprofit organizations.

(b) Grants from the Fund shall be awarded by the Department of Health to nonprofit organizations for the purpose of implementing the following types of programs, consistent with an evidence-based, community-wide teen pregnancy prevention model:

(1) Health services for teens;

(2) Reproductive health education;

(3) Professional development and training;

(4) Research and policy development related to teen pregnancy; and

(5) Public education and awareness on teen pregnancy.

(c) Grants from the Fund shall be awarded, subject to the availability of funding, as follows:

(1) All grants shall be awarded on a competitive basis;

(2) The grant funds shall be used exclusively to serve District of Columbia residents; and

(3) All grants shall be subject to subchapter II of Chapter 5 of Title 2.

(d) The Fund shall be administered pursuant to the requirements set forth in part B of subchapter XII-A of this chapter.

(e) Repealed.


(Feb. 26, 2015, D.C. Law 20-155, § 5143, 61 DCR 9990; Oct. 8, 2016, D.C. Law 21-160, § 5052(b), 63 DCR 10775.)


§ 1–325.323. Required information before approval.

(a) To be eligible to receive a grant from the grant-managing entity pursuant to § 1-325.322, a grantee shall submit the following required documentation to the grant- managing entity, as well as any additional information required by the grant-managing entity:

(1) Internal Revenue Service certification that the organization is tax-exempt under section 501(c)(3) of the Internal Revenue Code of 1954, approved August 16, 1954 (68A 24 Stat. 163; 26 U.S.C. § 501(c)(3));

(2)(A) The organization’s most recent financial audit, not more than 2 years old; or

(B) A recent financial statement, not more than one year old, prepared by a certified accountant that shows that the organization is in good financial standing and which delineates its:

(i) Existing assets and liabilities;

(ii) Pending lawsuits, if any; and

(iii) Pending and final judgments, if any,

(3) Internal Revenue Service Form 990 covering the organization’s most recently completed fiscal year;

(4) A notarized statement from the grantee certifying that:

(A) The organization is current on District and federal taxes;

(B) The grant-managing entity is authorized to verify the organization’s tax status with the Office of Tax and Revenue and the Office of Tax and Revenue is authorized to release this information to the grant-managing entity;

(C) The grant-managing entity shall have access to the grantee’s financial, administrative, and operational records, including specific consent for the grant-managing entity to access its books, accounts, records, findings, and documents related to the grant; and

(D) The grantee is registered with the Department of Consumer and Regulatory Affairs; and

(5) A comprehensive program statement that includes a detailed:

(A) Scope of work; and

(B) Budget that describes how the grant funds shall be spent.


(Feb. 26, 2015, D.C. Law 20-155, § 5144, 61 DCR 9990; Oct. 8, 2016, D.C. Law 21-160, § 5052(c), 63 DCR 10775.)


§ 1–325.324. Reporting requirements.

Beginning December 1, 2017, the grant-managing entity shall submit a semiannual report to the Council of all District funds allocated, which includes:

(1) Detailed grantee data;

(2) Performance measures and performance outcomes under each grant;

(3) The specific services provided under each grant;

(4) The entity providing the services, if one other than the grantee;

(5) The time period of delivery of the services;

(6) The type of service provided;

(7) The actual amount paid for the services; and

(8) The amount of other expenditures under the grant, if any.


(Feb. 26, 2015, D.C. Law 20-155, § 5145, 61 DCR 9990; Oct. 8, 2016, D.C. Law 21-160, § 5052(d), 63 DCR 10775.)


§ 1–325.325. Authorization for grant-managing entity.

For Fiscal Year 2017, the Department of Health is designated as the grant-managing entity.


(Feb. 26, 2015, D.C. Law 20-155, § 5146, 61 DCR 9990; Oct. 22, 2015, D.C. Law 21-36, § 5052, 62 DCR 10905; Oct. 8, 2016, D.C. Law 21-160, § 5052(e), 63 DCR 10775.)

Effect of Amendments

The 2015 amendment by D.C. Law 21-36 substituted “For Fiscal Year 2016” for “For Fiscal Year 2015.”

Emergency Legislation

For temporary (90 days) amendment of this section, see § 5052 of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).


§ 1–325.326. Limitation on duplicative projects.

The grant-managing entity shall take steps to avoid awarding a grant to a nonprofit that has been awarded or is being awarded funds from another District agency for the same or similar program purposes for which it is applying for funding from the Fund.


(Feb. 26, 2015, D.C. Law 20-155, § 5147, 61 DCR 9990; Oct. 8, 2016, D.C. Law 21-160, § 5052(f), 63 DCR 10775.)


Part HH. Pepco Cost-Sharing Fund for DC PLUG.

§ 1–325.331. Pepco Cost-Sharing Fund for DC PLUG.

(a) There is established as a special fund the Pepco Cost-Sharing Fund for DC PLUG (“Fund”), which shall be administered by the Director of the District Department of Transportation in accordance with subsection (c) of this section.

(b) The Fund shall consist of transfers from the Potomac Electric Power Company to facilitate cost-sharing for the District of Columbia Power Line Undergrounding (“DC PLUG”) initiative.

(c) The Fund shall be used to pay for any purpose authorized by Chapter 13A of Title 34 [§ 34-1311.01 et seq.], for the DC PLUG initiative.

(d) The money deposited into the Fund, and interest earned, shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time.


(Mar. 7, 2015, D.C. Law 20-178, § 2, 62 DCR 864; October 22, 2015, D.C. Law 21-36, § 6142, 62 DCR 10905.)

Effect of Amendments

D.C. Law 21-36 also enacted this section.

Emergency Legislation

For temporary (90 days) establishment of the Pepco Cost-Sharing Fund for DC PLUG, see § 2(a) of the Pepco Cost-Sharing Fund for DC PLUG Establishment Emergency Amendment Act of 2014 (D.C. Act 20-509, Dec. 8, 2014, 61 DCR 12719, 20 STAT 4431).

For temporary (90 days) establishment of the Pepco Cost-Sharing Fund For DC PLUG, see §  6142 of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).

Temporary Legislation

For temporary (225 days) addition of h this section, see § 2 of the Pepco Cost-Sharing Fund for DC PLUG Establishment Temporary Act of 2014 (D.C. Law 20-178, March 7, 2015, 62 DCR 864).

Editor's Notes

D.C. Law 21-36 repeated the enactment of this section by D.C. Law 20-178.


Part II. BID Parking Abatement Fund.

§ 1–325.341. BID Parking Abatement Fund

(a) There is established as a special fund the BID Parking Abatement Fund (“Fund”), which shall be administered by the Mayor in accordance with subsection (c) of this section.

(b) The Fund shall be funded by an annual appropriation in the amount of $120,000 from the District's annually approved budget and financial plan.

(c) Money in the Fund shall be used to abate parking fees for a Business Improvement District (“BID”), as that term is defined in § 2-1215.02(7), that applies and is approved to reserve a public parking space within the BID for use by pedestrians; provided, that no more than 70% of the money available in a fiscal year shall be distributed to a single BID.

(d)(1) The money deposited into the Fund, and interest earned, shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time.

(2) Subject to authorization in an approved budget and fiscal plan, any funds appropriated in the Fund shall be continually available without regard to fiscal year limitation.


(Oct. 22, 2015, D.C. Law 21-36, § 6082, 62 DCR 10905; Oct. 8, 2016, D.C. Law 21-160, § 6072, 63 DCR 10775.)

Emergency Legislation

For temporary (90 days) addition of this section, see § 6082 of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).


Part JJ. Housing Preservation Fund.

§ 1–325.351. Housing Preservation Fund.

(a) There is established as a special fund the Housing Preservation Fund ("Fund"), which shall be administered by the Department of Housing and Community Development in accordance with subsections (c) and (d) of this section.

(b) In Fiscal Year 2018, $10 million from local appropriations shall be deposited into the Fund.

(c) Money in the Fund shall be used to provide debt or equity to finance housing preservation activities, including acquisition bridge loans, predevelopment expenses, environmental remediation, critical repairs, and other activities necessary to preserve the affordability of housing units; provided, that for any property benefited by an expenditure of funds pursuant to this subsection, a covenant shall be recorded with respect to affordability, the terms and conditions of which shall be determined by the Mayor.

(d) Money in the Fund shall not be used to provide debt or equity to finance housing preservation activities involving any property identified in section 2(a) of the Historic Preservation of Derelict District Properties Act of 2016, effective March 11, 2017 (D.C. Law 21-223; 64 DCR 182).

(e)(1) The money deposited into the Fund shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time.

(2) Subject to authorization in an approved budget and financial plan, any funds appropriated in the Fund shall be continually available without regard to fiscal year limitation.


(Dec. 13, 2017, D.C. Law 22-33, § 2032, 64 DCR 7652.)

Emergency Legislation

For temporary (90-day) creation of this section, see § 2032 of the Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017, effective October 24, 2017 (D.C. Act 22-167; 64 DCR 10802).

For temporary (90-day) creation of this section, see § 2032 of the Fiscal Year 2018 Budget Support Emergency Act of 2017, effective July 20, 2017 (D.C. Act 22-104; 64 DCR 7032).


Part KK. St. Elizabeths East Campus Redevelopment Fund.

§ 1–325.361. St. Elizabeths East Campus Redevelopment Fund.

(a) There is established as a special fund the St. Elizabeths East Campus Redevelopment Fund ("Fund"), which shall be administered by the Office of the Deputy Mayor for Planning and Economic Development in accordance with subsection (c) of this section.

(b)(1) Beginning with the tax year commencing October 1, 2018, through the tax year ending September 30, 2021, the Chief Financial Officer shall deposit into the Fund taxes, including penalties and interest, if any, collected pursuant to §§ § 47-1005.01 and § 47-2002 attributable to taxable payments or transactions generated from the St. Elizabeths East Campus Entertainment and Sports Arena Site in an amount not to exceed $855,000 per fiscal year. Any taxes imposed with respect to possessory interest in the St. Elizabeths East Campus Entertainment and Sports Arena Site pursuant to § 47-1005.01 in excess of $855,000 per fiscal year shall be abated.

(2) Beginning with the tax year commencing on October 1, 2021, the Chief Financial Officer shall deposit into the Fund all taxes, including penalties and interest, if any, collected pursuant to §§ § 47-1005.01 and § 47-2002 attributable to taxable payments or transactions generated from the St. Elizabeths East Campus Entertainment and Sports Arena Site for the period ending on the last day of the tax year that the Ground Lease is in effect, in accordance with the requirements of the Ground Lease.

(c)(1) The Fund shall be used solely to support the maintenance, operation, and construction activities on the St. Elizabeths East Campus Redevelopment Site.

(2) Notwithstanding § 1-328.13, the Office of the Deputy Mayor for Planning and Economic Development may use funds from the Fund to award grants to recipients to further the purposes set forth in this subsection.

(d)(1) The money deposited into the Fund shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time.

(2) Subject to authorization in an approved budget and financial plan, any funds appropriated in the Fund shall be continually available without regard to fiscal year limitation.

(e) For the purposes of this section, the term:

(1) "Ground Lease" means the lease entered into by and between the District of Columbia and the tenant for the St. Elizabeths East Campus Entertainment and Sports Arena Site.

(2) "St. Elizabeths East Campus Entertainment and Sports Arena Site" means that portion of the St. Elizabeths East Campus, located at 1100 Alabama Avenue, S.E., Washington, D.C., known for tax and assessment purposes as Lot 838, in Square 5868, Suffix S.

(3) "St. Elizabeth[s] East Campus Redevelopment Site" means the real property known as Square 5868, Suffix S.


(Dec. 13, 2017, D.C. Law 22-33, § 2042, 64 DCR 7652.)

Emergency Legislation

For temporary (90-day) creation of this section, see § 2042 of the Fiscal Year 2018 BudgetSupport Congressional Review Emergency Act of 2017, effective October 24, 2017 (D.C. Act 22-167; 64 DCR 10802).

For temporary (90-day) creation of this section, see § 2042 of the Fiscal Year 2018 Budget Support Emergency Act of 2017, effective July 20, 2017 (D.C. Act 22-104; 64 DCR 7032).


Part LL. Ward 7 and Ward 8 Entrepreneur Grant Fund.

§ 1–325.371. Ward 7 and Ward 8 Entrepreneur Grant Fund.

(a) There is established as a special fund the Ward 7 and Ward 8 Entrepreneur Grant Fund ("Fund"), which shall be administered by the Department of Small and Local Business Development ("Department") in accordance with subsections (c) and (d) of this section.

(b) In Fiscal Year 2018, $300,000 from local appropriations shall be deposited into the Fund.

(c)(1) Money in the Fund shall be used to provide grants to support the establishment or expansion of small businesses in Ward 7 and Ward 8.

(2) No single grant shall exceed $10,000.

(d)(1) To qualify for a grant, the proposed or existing small business shall have:

(A) A location in Ward 7 or Ward 8;

(B) Fewer than 5 full-time employees;

(C) Ward 7 or Ward 8 residents representing more than 50% of the ownership of the proposed or existing small business; and

(D) A clear and deliverable business plan demonstrating the proposed use of the grant.

(2) A grant shall support startup or expansion efforts, including product or service development, market research, customer development, licensing, prototyping, providing engineering design, leasing equipment, providing professional services, such as accounting, tax, and legal services or capital-asset management, or such other activity that the Department determines is consistent with the purposes of this section.

(e) The money deposited into the Fund shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time.

(f) The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, may issue rules to implement the provisions of this section.


(Dec. 13, 2017, D.C. Law 22-33, § 2132, 64 DCR 7652.)

Emergency Legislation

For temporary (90-day) creation of this section, see § 2132 of the Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017, effective October 24, 2017 (D.C. Act 22-167; 64 DCR 10802).

For temporary (90-day) creation of this section, see § 2132 of the Fiscal Year 2018 Budget Support Emergency Act of 2017, effective July 20, 2017 (D.C. Act 22-104; 64 DCR 7032).


Part MM. Product Stewardship Fund.

§ 1–325.381. Product Stewardship Fund.

(a) There is established as a special fund the Product Stewardship Fund ("Fund"), which shall be administered by the Mayor in accordance with subsection (c) of this section.

(b) Revenue from the following sources shall be deposited in the Fund:

(1) Permit fees collected pursuant to § 8-233.04;

(2) Civil fines and penalties collected pursuant to § 8-233.06;

(3) Fees collected pursuant to § 8-1041.04; and

(4) Civil penalties and fines collected pursuant to § 8-1041.12.

(c) Money in the Fund shall be used for the purposes of supporting and administering subchapter II of Chapter 2A of Title 8 and Chapter 10B of Title 8.

(d)(1) The money deposited into the Fund shall not revert to unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time.

(2) Subject to authorization in an approved budget and financial plan, any funds appropriated in the Fund shall be continually available without regard to fiscal year limitation.


(Feb. 26, 2015, D.C. Law 20-154, § 127.)

Emergency Legislation

For temporary (90-day) creation of this section, see § 6003(d) of the Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017, effective October 24, 2017 (D.C. Act 22-167; 64 DCR 10802).

For temporary (90-day) creation of this section, see § 6003(d) of the Fiscal Year 2018 Budget Support Emergency Act of 2017, effective July 20, 2017 (D.C. Act 22-104; 64 DCR 7032).


Part NN. Subrogation Fund.

§ 1–325.391. Subrogation Fund.

(a) There is established as a special fund the Subrogation Fund ("Fund"), which shall be administered by the Chief Risk Officer in accordance with subsections (c) and (d) of this section.

(b) Revenue from the following sources shall be deposited in the Fund:

(1) Funds appropriated for the Fund; and

(2) Revenue arising from subrogation claims brought by or on behalf of the Chief Risk Officer, including revenue arising from subrogation claims referred by the Chief Risk Officer to the Office of the Attorney General for prosecution; provided, that before deposit of such revenue into the Fund in fiscal years 2018 through 2021, the following sums arising from subrogation claims in fiscal years 2018 through 2021 shall be deposited first into the General Fund of the District of Columbia:

(A) $310,000 in Fiscal Year 2018;

(B) $315,000 in Fiscal Year 2019;

(C) $322,000 in Fiscal Year 2020; and

(D) $328,000 in Fiscal Year 2021.

(c) Money in the Fund shall be used for the following purposes:

(1) To repair and replace District property damaged or destroyed by the actions or negligence of persons who caused such damage or destruction;

(2) To pay for the costs of administering the subrogation functions of the Office of Risk Management; and

(3) To pay for the costs incurred by the Office of the Attorney General in the prosecution of subrogation claims referred to it by the Chief Risk Officer and collection of judgments on such claims.

(d)(1) The money deposited into the Fund shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time.

(2) Subject to authorization in an approved budget and financial plan, any funds appropriated in the Fund shall be continually available without regard to fiscal year limitation.

(e) The Chief Risk Officer, pursuant to subchapter I of Chapter 5 of Title 2, may issue rules to implement the provisions of this section.

(f) For the purposes of this section, the term:

(1) "Chief Risk Officer" means the director of the Office of Risk Management established by § 1-1518.01.

(2) "Subrogation" means the right of the District to pursue claims against persons who caused loss or damage to the District.


(July 3, 2018, D.C. Law 22-122, § 2, 65 DCR 5086.)


Part OO. Washington Metropolitan Area Transit Authority Dedicated Financing Fund.

§ 1–325.401. Dedicated funding for WMATA.

(a) There is established as a special fund the Washington Metropolitan Area Transit Authority Dedicated Financing Fund ("Fund"), which shall be administered by the Mayor in accordance with subsection (c) of this section.

(b) There shall be deposited into the Fund general retail sales tax revenue collected pursuant to Chapter 20 of Title 47 as follows:

(1) In Fiscal Year 2019 -- $178.5 million;

(2) In Fiscal Year 2020 -- $178.5 million; and

(3) In Fiscal Year 2021, and each successive year, an amount of general retail sales tax revenue equal to the District's allocation of the Washington Metropolitan Area Transit Authority ("WMATA") jurisdictional formula, applied to the total annual WMATA capital funding need of $500 million in Fiscal Year 2020, escalated annually by 3% above the preceding fiscal year.

(c)(1) Money in the Fund in Fiscal Year 2019 shall be used as a source of funding to make the District's payment to WMATA through agency KE0 as shown in the Fiscal Year 2019 Budget and Financial Plan.

(2) Pursuant to a grant agreement between the District and WMATA, and subject to subsection (d) of this section, starting in Fiscal Year 2020, money in the Fund shall be distributed to WMATA by the Mayor as a grant for the purposes of WMATA capital improvements, including payment on borrowings for such capital improvements.

(d)(1) The money deposited into the Fund shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time.

(2) Subject to authorization in an approved budget and financial plan, any funds appropriated in the Fund shall be continually available without regard to fiscal year limitation.


(Oct. 30, 2018, D.C. Law 22-168, § 6002, 65 DCR 9388.)

Emergency Legislation

For temporary (90 days) creation of this section, see § 6002 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) creation of this section, see § 6002 of Fiscal Year 2019 Budget Support Emergency Act of 2018 (D.C. Act 22-434, July 30, 2018, 65 DCR 8200).