§ 47–362. Policies enumerated.

*NOTE: This section includes amendments by emergency legislation that will expire on January 27, 2025. To view the text of this section after the expiration of all emergency and temporary legislation affecting this section, click this link: Permanent Version.*

(a) A reprogramming shall be used only when an unforeseen situation develops, and then only if postponement until the next appropriations cycle would result in a serious hardship in the management of the City.

(b) Reprogrammings shall not be used to establish new programs or to change allocations specifically denied, limited, or increased by the Council in the budget act, or the accompanying budget report or mark-up sheets.

(c) Any program or project deferred through reprogramming shall not be later accomplished by means of further reprogramming. Funding for such section shall await the regular budget request.

(d) Should unusual circumstances require changes to the policies included in subsections (a) through (c) of this section, proposals shall be submitted to the Council for approval regardless of the dollar amount involved.

(e) Repealed.

(f) Notwithstanding § 47-363, any funds appropriated for Debt Service, as defined in § 47-334(1), in excess of Debt Service requirements may not be reprogrammed, unless the Council approves the reprogramming request by resolution.

(g)(1) Notwithstanding § 47-363, local funds appropriated for the Department of Healthcare Finance in Fiscal Year 2019 shall not be reprogrammed, unless the Council approves the reprogramming request by resolution.

(2) This subsection shall sunset on the date of inclusion of the fiscal effect of the D.C. Healthcare Alliance Re-Enrollment Reform Amendment Act of 2018, effective February 17, 2018 (D.C. Law 22-62; 65 DCR 2632), in an approved budget and financial plan.

(h) Notwithstanding § 47-363, local funds appropriated for the Department of Health Care Finance and the Medicaid Reserve in Fiscal Year 2021 shall not be reprogrammed to other agencies unless the Council approves the reprogramming by resolution.

(i) [Repealed].

(j) Notwithstanding § 47-361(14), § 47-363(a) shall apply to any reprogramming request, regardless of dollar value, related to the DC Circulator, as described in Title III of the Department of Transportation Establishment Act of 2002, effective March 5, 2007 (D.C. Law 16-225; D.C. Official Code § 50-921.31 et seq.).

(Sept. 16, 1980, D.C. Law 3-100, § 3, 27 DCR 3617; enacted, Apr. 9, 1997, D.C. Law 11-254, § 2, 44 DCR 1575; Oct. 3, 2001, D.C. Law 14-28, § 102, 48 DCR 6981; Mar. 3, 2010, D.C. Law 18-111, § 1131(b), 57 DCR 181; Feb. 26, 2015, D.C. Law 20-155, § 1043(d), 61 DCR 9990; Oct. 22, 2015, D.C. Law 21-36, § 7035, 62 DCR 10905; Oct. 30, 2018, D.C. Law 22-168, § 5082, 65 DCR 9388; Mar. 16, 2021, D.C. Law 23-251, § 203, 68 DCR 001234; Sept. 6, 2023, D.C. Law 25-50, §§ 6043, 7027(a), 70 DCR 10366; Sept. 18, 2024, D.C. Law 25-217, §§ 6052, 7062, 71 DCR 9990; Oct. 29, 2024, D.C. Act 25-621, § 2, 71 DCR 13555.)

Prior Codifications

1981 Ed., § 47-362.

Effect of Amendments

D.C. Law 14-28 added subsec. (e).

D.C. Law 18-111 repealed subsec. (e).

The 2015 amendment by D.C. Law 20-155 added (f).

The 2015 amendment by D.C. Law 21-36 designated the existing text of (f)(2) as (f)(2)(A); substituted “equally among the Local Streets Ward-Based Capital Projects” for “to the Capital Fund as Paygo” in (f)(2)(A); and added (f)(2)(B).

Applicability

Section 6044 of D.C. Law 25-50 provided that the amendments to this section by § 6043 of D.C. Law 25-50 shall apply as of July 14, 2023.

Section 6044 of D.C. Act 25-172 provided that the amendments to this section by § 6043 of D.C. Act 25-172 shall apply as of July 14, 2023.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 2 of DC Circulator Transition Emergency Amendment Act of 2024 (D.C. Act 25-621, Oct. 29, 2024, 71 DCR 13555).

For temporary (90 days) amendment of this section, see § 7062 of Fiscal Year 2025 Budget Support Emergency Act of 2024 (D.C. Act 25-506, July 15, 2024, 71 DCR 8406).

For temporary (90 days) amendment of this section, see § 6052 of Fiscal Year 2025 Budget Support Emergency Act of 2024 (D.C. Act 25-506, July 15, 2024, 71 DCR 8406).

For temporary (90 days) amendment of this section, see § 6043 of Fiscal Year 2024 Budget Support Emergency Act of 2023 (D.C. Act 25-172, July 14, 2023, 70 DCR 9933).

For temporary (90 days) amendment of this section, see § 4 of Department of Health Care Finance Alliance Reform and Budget Transparency Emergency Amendment Act of 2021 (D.C. Act 24-6, Jan. 29, 2021, 68 DCR 001539).

For temporary (90 days) amendment of this section, see § 2 of Intra-District Transfer Limitation Emergency Amendment Act of 2019 (D.C. Act 23-142, Oct. 29, 2019, 66 DCR 14327).

For temporary (90 days) amendment of this section, see § 2 of Florida Avenue Multimodal Project Completion Congressional Review Emergency Amendment Act of 2019 (D.C. Act 23-87, July 17, 2019, 66 DCR 8489).

For temporary (90 days) amendment of this section, see § 2 of Florida Avenue Multimodal Project Completion Emergency Amendment Act of 2019 (D.C. Act 23-57, June 1, 2019, 66 DCR 6788).

For temporary (90 days) amendment of this section, see § 5082 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) amendment of this section, see § 5082 of Fiscal Year 2019 Budget Support Emergency Act of 2018 (D.C. Act 22-434, July 30, 2018, 65 DCR 8200).

For temporary (90 day) amendment of section, see § 102 of Fiscal Year 2002 Budget Support Emergency Act of 2001 (D.C. Act 14-124, August 3, 2001, 48 DCR 7861).

For temporary (90 day) amendment of section, see § 1002(b) 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) amendment of section, see § 1131(b) of Fiscal Year 2010 Budget Support Second Emergency Act of 2009 (D.C. Act 18-207, October 15, 2009, 56 DCR 8234).

For temporary (90 day) amendment of section, see § 1131(b) of Fiscal Year Budget Support Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-260, January 4, 2010, 57 DCR 345).

For temporary (90 days) amendment of this section, see § 1043(d) 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 § 1043(d) 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 § 2(a) of the Fiscal Year 2015 Budget Support Clarification Emergency Act of 2014 (D.C. Act 20-461, November 6, 2014, 61 DCR 11784, 20 STAT 4368).

For temporary (90 days) amendment of this section, see § 1043(d) 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 § 2(a) of the Fiscal Year 2015 Budget Support Clarification Congressional Review Emergency Amendment Act of 2014 (D.C. Act 20-587, January 13, 2015, 62 DCR 1294, 21 STAT 758).

For temporary (90 days) amendment of this section, see § 7016(a) 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 of Intra-District Transfer Limitation Temporary Amendment Act of 2019 (D.C. Law 23-47, Jan. 10, 2020, 66 DCR 15349).

For temporary (225 days) amendment of this section, see § 2 of Florida Avenue Multimodal Project Completion Temporary Amendment Act of 2019 (D.C. Law 23-12, Aug. 24, 2019, 66 DCR 8067).

For temporary (225 days) amendment of this section, see § 2(a) of the Fiscal Year 2015 Budget Support Clarification Temporary Amendment Act of 2014 (D.C. Law 20-179, March 7, 2015, 62 DCR 424).