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The DC Code: § 47-368.06 Limitation on grant-making authority.

Index47 Taxation, Licensing, Permits, Assessments, and Fees. (Refs & Annos)
a
An agency with grant-making authority shall not issue grants using any funds it receives through an intra-District transfer, a memorandum of understanding, or a reprogramming from any agency that does not have grant-making authority.
b
Notwithstanding subsection (a) of this section, an agency with grant-making authority may issue grants using any funds it receives through an intra-District transfer, a memorandum of understanding, or a reprogramming from an agency that does not have grant-making authority for purposes of the following:
1
Effectuating the Hospital and Medical Services Corporation Regulatory Amendment Act of 2009, passed on 4th reading on September 22, 2009 (Enrolled version of Bill 18-203); and
2
Implementing projects and programs funded by the Nursing Facility Quality of Care Fund, established by § 47-1262.

Historical and Statutory

Temporary Addition of Section Section 2 of D.C. Law 18-120 added a section to read as follows: "Sec. 2. Fiscal Year 2010 limited grant-making authority clarification. "(a) Notwithstanding any other law, including section 1121 of the Fiscal Year 2010 Budget Support Act of 2009, passed on 4th reading on September 22, 2009 (Enrolled version of Bill 18-203), for Fiscal Year 2010, an agency with grant-making authority may issue grants using any funds it receives through an intra-District transfer, a memorandum of understanding, or a reprogramming from an agency that does not have grant-making authority for purposes of implementing the following projects and programs previously authorized in the Second Fiscal Year 2010 Budget Request Act, signed by the Mayor on August 26, 2009 (D.C. Act 18-188; 56 DCR 7769): "(1) Corridor improvement along 14th Street, N.W., in Wards 1 and 4 in an amount not to exceed $150,000, which is in the budget of the Deputy Mayor for Planning and Economic Development; "(2) Clean team services in Ward 1 in an amount not to exceed $1 million, which is in the budget of the Department of Public Works; and "(3) Green team services to Georgia Avenue and Kennedy Streets in Ward 4 in an amount not to exceed $250,000, which is in the budget of the Deputy Mayor for Planning and Economic Development. "(b) Notwithstanding any other law, including section 1121 of the Fiscal Year 2010 Budget Support Act of 2009, passed on 4th reading on September 22, 2009 (Enrolled version of Bill 18-203), for Fiscal Year 2010: "(1) The Deputy Mayor for Planning and Economic Development may issue grants to projects and programs for the ongoing maintenance of the Lincoln Theatre, a District government-owned building, in an amount not to exceed $250,000; "(2) The Department of Small and Local Business Development may issue grants to projects and programs described in section 2(a); "(3) The Department of Public Works may issue grants to projects and programs for clean team services in Ward 1 in an amount not to exceed $1 million; and "(4) The Office of the Secretary of the District of Columbia may issue competitive grants to one or more organizations with a history of promoting voting rights and statehood in the District in an amount not to exceed $150,000.". Section 4(b) of D.C. Law 18-120 provides that the act shall expire after 225 days of its having taken effect. Sections 2 to 4 of D.C. Law 18-138 added sections to read as follows: "Sec. 2. Notwithstanding any other provision of law, all Executive agencies, excluding independent Executive branch agencies, are prohibited from issuing any grants from the General Fund of the District of Columbia, including local funds, special purpose revenue funds, and dedicated taxes, and intra-District funds derived from sources of the General Fund of the District of Columbia in excess of $1 million, except as expressly authorized for a specific project in a statute or in section 4. "Sec. 3. Notwithstanding any other provision of law, all independent Executive branch agencies are prohibited from issuing any grants in excess of $1 million from funds derived from an intra-District transfer or Memorandum of Understanding. "Sec. 4. Nothing in this act shall be construed to prohibit the issuing of grants from federal funds, private funds, and any funds from the General Fund of the District of Columbia that are part of the maintenance of effort for a federal grant." Section 6(b) of D.C. Law 18-138 provides that the act shall expire after 225 days of its having taken effect. Emergency Act Amendments For temporary (90 day) addition, see § 1121(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) addition, see § 1121(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 day) additions, see §§ 2 to 4 of Executive Grant-Making Authority Limitation Emergency Act of 2009 (D.C. Act 18-280, January 13, 2010, 57 DCR 945). For temporary (90 day) addition of section, see § 7063 of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542). Legislative History of Laws For Law 18-111, see notes following § 47-305.02. References in Text The Hospital and Medical Services Corporation Regulatory Amendment Act of 2009, referred to in subsec. (b)(1), is subtitle N of title V of D.C. Law 18-111, §§ 5130, 5131, which amended § 31-3514.02. Miscellaneous Notes Short title: Section 1120 of D.C. Law 18-111 provided that subtitle M of title I of the act may be cited as the "Grant-Making Authority Act of 2009". Short title: Section 7061 of D.C. Law 18-223 provided that subtitle G of title VII of the act may be cited as the "FY 2011 Capital Projects Modification Act of 2010". Section 7063 of D.C. Law 18-223 provides: "Sec. 7063. Grant-making authority for Ft. Lincoln and Lincoln Theater capital projects. "The Deputy Mayor for Planning and Economic Development shall have grant-making authority for the purpose of providing funds to implement capital projects for the Ft. Lincoln and the Lincoln Theater capital projects." DC CODE § 47-368.06 Current through December 11, 2012

Credits

(Mar. 3, 2010, D.C. Law 18-111, § 1121(b), 57 DCR 181.)