Code of the District of Columbia

Subchapter IV-B. Adjustments to Appropriations.


§ 47–369.01. General Fund surplus.

Beginning in fiscal year 2009 and each fiscal year thereafter, the amount appropriated to the District of Columbia may be increased by no more than $100,000,000 from funds identified in the annual comprehensive annual financial report as the District’s immediately preceding fiscal year’s unexpended general fund surplus. The District may obligate and expend these amounts only in accordance with the following conditions:

(1) The Chief Financial Officer of the District of Columbia shall certify that the use of any such amounts is not anticipated to have a negative impact on the District’s long-term financial, fiscal, and economic vitality.

(2) The District of Columbia may only use these funds for the following expenditures:

(A) One-time expenditures.

(B) Expenditures to avoid deficit spending.

(C) Debt Reduction.

(D) Program needs.

(E) Expenditures to avoid revenue shortfalls.

(3) The amounts shall be obligated and expended in accordance with laws enacted by the Council in support of each such obligation or expenditure.

(4) The amounts may not be used to fund the agencies of the District of Columbia government under court ordered receivership.

(5) The amounts may not be obligated or expended unless the Mayor notifies the Committees on Appropriations of the House of Representatives and the Senate not fewer than 30 days in advance of the obligation or expenditure.


(Mar. 11, 2009, 123 Stat. 698, Pub. L. 111-8, § 816; Sept. 26, 2012, D.C. Law 19-171, § 301, 59 DCR 6190.)

Emergency Legislation

For temporary (90 days) FY 2013 Revised Budget Request adjustment, see § 2 of the Fiscal Year 2013 Revised Budget Request Emergency Adjustment Act of 2013 (D.C. Act 20-74, May 23, 2013, 60 DCR 7592, 20 DCSTAT 1424).

Temporary Legislation

For temporary (225 days) FY 2013 Revised Budget Request adjustment, see § 2 of the Fiscal Year 2013 Revised Budget Request Temporary Adjustment Act of 2013 (D.C. Law 20-14, September 19, 2013, 60 DCR 9554, 20 DCSTAT 1764).

Editor's Notes

Section 301 of D.C. Law 19-171 enacted this subchapter into law.


§ 47–369.02. Increases to appropriations.

(a) Beginning in fiscal year 2009 and each fiscal year thereafter, consistent with revenue collections, the amount appropriated as District of Columbia Funds may be increased—

(1) by an aggregate amount of not more than 25 percent, in the case of amounts proposed to be allocated as “Other-Type Funds” in the annual Proposed Budget and Financial Plan submitted to Congress by the District of Columbia; and

(2) by an aggregate amount of not more than 6 percent, in the case of any other amounts proposed to be allocated in such Proposed Budget and Financial Plan.

(b) The District of Columbia may obligate and expend any increase in the amount of funds authorized under this section only in accordance with the following conditions:

(1) The Chief Financial Officer of the District of Columbia shall certify—

(A) the increase in revenue; and

(B) that the use of the amounts is not anticipated to have a negative impact on the long-term financial, fiscal, or economic health of the District.

(2) The amounts shall be obligated and expended in accordance with laws enacted by the Council of the District of Columbia in support of each such obligation and expenditure, consistent with the requirements of this subchapter.

(3) The amounts may not be used to fund any agencies of the District government operating under court-ordered receivership.

(4) The amounts may not be obligated or expended unless the Mayor has notified the Committees on Appropriations of the House of Representatives and the Senate not fewer than 30 days in advance of the obligation or expenditure.


(Mar. 11, 2009, 123 Stat. 699, Pub. L. 111-8, § 817; Sept. 26, 2012, D.C. Law 19-171, § 301, 59 DCR 6190.)

Emergency Legislation

For temporary (90 day) addition of section, see § 2 of Housing Production Trust Fund Dedicated Tax Appropriations Authorization Emergency Act of 2011 (D.C. Act 19-66, May 13, 2011, 58 DCR 4250).

Temporary Legislation

For temporary (225 days) increase in dedicated tax appropriations for the Housing Production Trust Fund, see § 2 of the Housing Production Trust Fund Dedicated Tax Appropriations Authorization Temporary Act of 2011 (D.C. Law 19-14, Aug. 17, 2011, 58 DCR 5383).

Budget Legislation

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

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

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

For an emergency (90-day) adjustment to certain allocations in the Fiscal Year 2016 Budget Request Act of 2015 pursuant to the Omnibus Appropriations Act, 2009, see D.C. Act 21-478, July 21, 2016, 63 DCR 10188.

For an temporary (90-day) adjustment to certain allocations requested in the Fiscal Year 2015 Budget Request Act of 2014, see the Fiscal Year 2015 and Fiscal Year 2016 Revised Budget Request Adjustment Emergency Act of 2015, D.C. Act 21-153, October 6, 2015, 62 DCR 13178.

For temporary (225 days) FY 2013 Revised Budget Request adjustment, see § 2 of the Fiscal Year 2013 Revised Budget Request Temporary Adjustment Act of 2013 (D.C. Law 20-14, September 19, 2013, 60 DCR 9554, 20 DCSTAT 1764).

For temporary (90 days) FY 2013 Revised Budget Request adjustment, see § 2 of the Fiscal Year 2013 Revised Budget Request Emergency Adjustment Act of 2013 (D.C. Act 20-74, May 23, 2013, 60 DCR 7592, 20 DCSTAT 1424).

Editor's Notes

Section 301 of D.C. Law 19-171 enacted this subchapter into law.


§ 47–369.03. Short-term borrowing from certain funds.

Beginning in fiscal year 2009 and each fiscal year thereafter, the Chief Financial Officer for the District of Columbia may, for the purpose of cash flow management, conduct short-term borrowing from the emergency reserve fund and from the contingency reserve fund established under § 1-204.50a: Provided, That the amount borrowed shall not exceed 50 percent of the total amount of funds contained in both the emergency and contingency reserve funds at the time of borrowing: Provided further, That the borrowing shall not deplete either fund by more than 50 percent: Provided further, That 100 percent of the funds borrowed shall be replenished within 9 months of the time of the borrowing or by the end of the fiscal year, whichever occurs earlier: Provided further, That in the event that short-term borrowing has been conducted and the emergency or the contingency reserve funds are later depleted below 50 percent as a result of an emergency or contingency, an amount equal to the amount necessary to restore reserve levels to 50 percent of the total amount of funds contained in both the emergency and contingency reserve fund must be replenished from the amount borrowed within 60 days.


(Mar. 11, 2009, 123 Stat. 699, Pub. L. 111-8, § 818; Sept. 26, 2012, D.C. Law 19-171, § 301, 59 DCR 6190.)

Cross References

Motor Vehicle Biennial Inspection Fund, accounting procedures, see § 50-1102.

Public service commission agency fund and the office of the people’s counsel agency fund, accounting procedures, see § 34-912.

Taxicab Commission Fund, accounting procedures, see § 50-320.

Editor's Notes

Section 301 of D.C. Law 19-171 enacted this subchapter into law.