(1) “Agency” means the highest organizational unit of the District of Columbia government at which budgeting data is aggregated.
(2) “Agency funding source” means the designated resource or fund to which expenditures shall be charged.
(3) “Budget” means the entire annual appropriation, including borrowing and spending authority, for all activities of all agencies of the District of Columbia government financed from all existing, proposed, or anticipated resources.
(4) “Budget category” means:
(A) For the operating budget: agencies, programs, agency funding sources, object categories, and object classes, as shown in the budget; and
(B) For the capital budget: agencies, agency funding sources, and capital projects and subprojects, as shown in the budget.
(5) “Capital budget” means that part of the budget that describes the annual element of the multiyear capital improvements plan.
(6) “Capital project” shall have the same meaning as provided in [§ 1-201.03(8)].
(7) “Highway Trust Fund” means the District of Columbia Highway Trust Fund, established by [§ 9-111.01], and the Federal Highway Trust Fund, established pursuant to Title 23 of the United States Code.
(7A) "Interagency project" means a project in the District's financial system that has funds budgeted in one District agency that are segregated for use for a particular purpose by another District agency, pursuant to an agreement between the agency and the other agency.
(8) [Repealed].
(9) “Object category” means the 2 major types of expenditures, which are personal services and non-personal services.
(10) “Object class” means the subdivision of specific types of expenditures in the operating budget, such as fringe benefits and supplies.
(11) “Offsetting” means an increase that is matched by a decrease with no change occurring in budget authority.
(12) “Operating budget” means that part of the budget for the operation of the District government, excluding the capital budget.
(13) “Program” means the highest level of budgeting and expenditure control within an agency that is designated for a specific purpose in the operating budget, which may consist of multiple actions necessary to achieve the stated purpose and goals.
(14) “Reprogramming” means a budget modification of $500,000 or more for purposes other than those originally authorized that results in an offsetting reallocation of budget authority from one budget category to another budget category; provided, that with respect to a capital reprogramming, the term “reprogramming” means a cumulative adjustment to a project’s capital budget during a fiscal year of $500,000 or more; provided further, that for an interagency project, the term "reprogramming" means a budget modification of $500,000 or more for purposes other than those originally authorized that results in an offsetting reallocation of budget authority from one program to another program.
(15) "Reverse Paygo action" means the movement of authorized Paygo capital budget funds to the operating budget, through a paper project for the purpose of transaction recording and tracking.
§ 47–362. Policies enumerated.
*NOTE: This section includes amendments by temporary legislation that will expire on October 18, 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.
(a) The Mayor shall submit to the Council for approval a reprogramming request that individually or on a cumulative basis would result in a change to the original appropriated authority, along with certification by the Chief Financial Officer of the availability of funds for the reprogramming. The request shall include an analysis of its effect on the budget and on the purposes for which the funds were originally appropriated.
(b)(1) Upon receipt of a reprogramming request, the Chairman of the Council shall cause a notice of the request to be published in the District of Columbia Register, together with a statement that the request shall be deemed approved 14 days from the date of its receipt, unless a proposed disapproval resolution is filed prior to that time by a Councilmember, and that if a proposed disapproval resolution is filed, the request shall be deemed approved 30 days from the date of the receipt of the reprogramming request, unless prior to the end of the 30-day review period the Council adopts a resolution of disapproval or approval.
(2) The publication of a notice of a reprogramming request shall satisfy the public notice requirements of this section and the rules of the Council and no further notice shall be necessary for the Council to adopt a resolution affecting the request.
(3) The Council shall consider the request according to its rules. No request may be submitted to the Chairman of the Council under this subsection during such time as the Council is on recess, according to its rules, nor shall any time period provided in this subsection or in the Council’s rules with respect to the requests continue to run during such time as the Council is on recess.
(c)(1) If no proposed disapproval resolution of a reprogramming request is filed with the Secretary to the Council (“Secretary”) within 14 days of the receipt of the request from the Mayor, the request shall be deemed approved.
(2) If a proposed disapproval resolution is filed with the Secretary within 14 days of receipt of the request from the Mayor, the Council may approve or disapprove the reprogramming request by resolution within 30 days of the receipt of the request from the Mayor. If the Council neither affirmatively approves or disapproves the request within 30 days of the receipt of the request, the request shall be deemed approved.
(d) At any time prior to final action by the Council on a reprogramming request, or prior to the date the reprogramming request is deemed approved pursuant to subsection (c) of this section, the Mayor may withdraw the reprogramming request.
(e)(1) An operating budget reprogramming request shall include for each budget category from or to which funds are being transferred a list of the funding reductions or additions by:
(A) Agency;
(B) Program;
(C) Activity;
(D) Object class; and
(E) Funding sources.
(2) A capital reprogramming request shall include for each project or subproject from or to which funds are being transferred a list of the funding reductions or additions by:
(A) Agency;
(B) Project and subproject; and
(C) Funding sources.
(f)(1) A reverse Paygo action done for the purpose of paying non-capital-eligible expenses, including furniture, fixtures, and equipment, of the same capital project for which Paygo capital funds have been authorized shall not require Council approval; provided, that the Chief Financial Officer shall notify the Budget Director of the Council of the District of Columbia in writing no later than 3 business days after the reverse Paygo action occurs. The notice shall set forth the capital project, amount, and purpose of the reverse Paygo action.
(2) All other reverse Paygo actions shall require Council approval pursuant to this section.
(g) A reprogramming from the Transportation Infrastructure Project Review Fund established by [§ 50-921.17] to a capital project shall not require Council approval; provided, that the reprogramming shall not modify the purposes for which the reprogrammed funds may be expended.
(h)(1)This subchapter shall not apply to a reprogramming from a master capital project in the Highway Trust Fund portion of the District's capital improvements plan to another master capital project in the Highway Trust Fund portion of the District's capital improvements plan, other than as provided in this subsection.
(2) At the request of the Mayor, the Chief Financial Officer of the District of Columbia ("CFO") shall reprogram funds between master capital projects in the Highway Trust Fund portion of the District's capital improvements plan; provided, that the reprogramming of funds is consistent with the State Transportation Improvement Plan included in the Transportation Improvement Plan prepared and approved by the Metropolitan Washington Council of Governments National Capital Region Transportation Planning Board; provided further, that the CFO determines that the funds are available for reprogramming.
(3) After funds are reprogrammed pursuant to paragraph (2) of this subsection, the director of the implementing agency for the project may obligate and expend the reprogrammed funds.
§ 47–364. Council approval of non-offsetting budget modifications; exclusions. [Repealed]
Repealed.
§ 47–365. Reprogrammings of appropriated funds.
(a) Funds appropriated pursuant to an appropriations act that remain available for obligation or expenditure, or provided from any accounts in the Treasury of the United States derived by the collection of fees available to the agencies funded in an appropriations act, shall be available for obligation or expenditure for an agency through a reprogramming of funds which:
(1) Creates new programs;
(2) Eliminates a program, project, or responsibility center;
(3) Establishes or changes allocations specifically denied, limited, or increased by Congress;
(4) Increases funds or personnel by any means for any program, project, or responsibility center for which funds have been denied or restricted;
(5) Reestablishes through reprogramming any program or project previously deferred through reprogramming;
(6) Augments existing programs, projects, or responsibility centers through a reprogramming of funds in excess of $3 million or 10%, whichever is less; or
(7) Increases by 20% or more personnel assigned to a specific program, project or responsibility center.
(b) Such funds shall be available for obligation or expenditure for an agency through a reprogramming of funds as described in subsection (a) of this section; provided, that the appropriations committees of both the Senate and House of Representatives are notified in writing 30 days in advance of any reprogramming as set forth in this section.
§ 47–366. Non-Departmental Fund Transfer Notification.
The Chief Financial Officer shall notify the Budget Director of the Council of the District of Columbia in writing within 3 business days whenever a reprogramming, transfer, or budget modification of any amount is made involving the Non-Departmental account. The notice shall set forth the amount and purpose of the reprogramming, transfer, or budget modification.
