FY2023 District of Columbia Budget and Appropriations

Changes from November 22, 2022 to March 27, 2023

This page shows textual changes in the document between the two versions indicated in the dates above. Textual matter removed in the later version is indicated with ~~red strikethrough~~ and textual matter added in the later version is indicated with blue.

FY2023 District of Columbia Budget and
~~November 22, 2022~~March 27, 2023
Appropriations
Joseph V. Jaroscak
The District of Columbia (DC) government’s local operating budget and much of its local The District of Columbia (DC) government’s local operating budget and much of its local
Analyst in Economic Analyst in Economic
legislation is subject to congressional approval, pursuant to the plenary legislative authority of legislation is subject to congressional approval, pursuant to the plenary legislative authority of
Development Policy Development Policy
Congress over the federal capital granted by the U.S. Constitution. In addition to congressional Congress over the federal capital granted by the U.S. Constitution. In addition to congressional

authority over the DC budget process, annual federal appropriations legislation has typically authority over the DC budget process, annual federal appropriations legislation has typically
included a series of federal payments for a variety of services and initiatives in DC. Such included a series of federal payments for a variety of services and initiatives in DC. Such

legislation also often includes general provisions, specific to DC, that establish fiscal, budgetary, legislation also often includes general provisions, specific to DC, that establish fiscal, budgetary,
and policy controls on federal (and in some cases, local) DC funds. and policy controls on federal (and in some cases, local) DC funds.
Each year, the DC government produces a budget through a process coordinated between the Executive Office of the Mayor Each year, the DC government produces a budget through a process coordinated between the Executive Office of the Mayor
and the Council of the District of Columbia (DC council). Under the current process, the budget consists of a federal portion and the Council of the District of Columbia (DC council). Under the current process, the budget consists of a federal portion
and a local portion, which are adopted by the DC council in two separate bills. Once approved, the federal portion is and a local portion, which are adopted by the DC council in two separate bills. Once approved, the federal portion is
transmitted by the mayor to the President of the United States, who forwards it to Congress for review, possible modification, transmitted by the mayor to the President of the United States, who forwards it to Congress for review, possible modification,
and approval through the annual appropriations process. The local portion is submitted by the chair of the DC council to the and approval through the annual appropriations process. The local portion is submitted by the chair of the DC council to the
Speaker of the House of Representatives and the President of the Senate, for review by Congress. In 2013, DC enacted the Speaker of the House of Representatives and the President of the Senate, for review by Congress. In 2013, DC enacted the
Local Budget Autonomy Amendment Act of 2012 (D.C. Law 19-321), which amended DC’s home rule charter to allow for Local Budget Autonomy Amendment Act of 2012 (D.C. Law 19-321), which amended DC’s home rule charter to allow for
enactment of DC’s local budget after a 30-day congressional review period (also known as the layover period), similar to enactment of DC’s local budget after a 30-day congressional review period (also known as the layover period), similar to
most other DC laws, as opposed to passing the local budget through the federal appropriations process. After a series of legal most other DC laws, as opposed to passing the local budget through the federal appropriations process. After a series of legal
and legislative challenges, the act was upheld by a DC Superior Court ruling. The DC government has observed the act in its and legislative challenges, the act was upheld by a DC Superior Court ruling. The DC government has observed the act in its
budget process since 2016. budget process since 2016.
On March 28, 2022, the Biden Administration submitted its full FY2023 budget request, which included $773.9 million in On March 28, 2022, the Biden Administration submitted its full FY2023 budget request, which included $773.9 million in
federal payments to DC. The DC government passed a $20 billion budget on September 23, 2022. On July 26, 2022, the federal payments to DC. The DC government passed a $20 billion budget on September 23, 2022. On July 26, 2022, the
House passed a version of the Financial Services and General Government (FSGG) appropriations bill in Division D of H.R. House passed a version of the Financial Services and General Government (FSGG) appropriations bill in Division D of H.R.
8294, which would provide $793.9 million in federal payments to DC. The Chair of the Senate Committee on Appropriations 8294, which would provide $793.9 million in federal payments to DC. The Chair of the Senate Committee on Appropriations
released a draft bill and draft explanatory statement on July 28, 2022, with $791.3 million in federal payments to DC. released a draft bill and draft explanatory statement on July 28, 2022, with $791.3 million in federal payments to DC.
The President signed the Consolidated Appropriations Act, 2023, into law on December 29, 2022, as P.L. 117-328. Title IV, Division E of the act included $791.9 million in federal payments for DC.
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Introduction
The U.S. Constitution provides Congress with plenary legislative authority over the District of The U.S. Constitution provides Congress with plenary legislative authority over the District of
Columbia (DC) as the federal capital. With the passage of the District of Columbia Self-Columbia (DC) as the federal capital. With the passage of the District of Columbia Self-
Government and Governmental Reorganization Act of 1973 (Home Rule Act; P.L. 93-198), Government and Governmental Reorganization Act of 1973 (Home Rule Act; P.L. 93-198),
Congress granted DC limited home rule authority and empowered DC residents to elect a mayor Congress granted DC limited home rule authority and empowered DC residents to elect a mayor
and city council. Congress retained its authority to review and approve all DC laws, including and city council. Congress retained its authority to review and approve all DC laws, including
DC’s annual budget and capital budget.1 In addition to its budget authority, generally, Congress DC’s annual budget and capital budget.1 In addition to its budget authority, generally, Congress
annually appropriates a series of federal payments to DC for a variety of purposes, funded annually appropriates a series of federal payments to DC for a variety of purposes, funded
through the Financial Services and General Government (FSGG) appropriations bill.2 through the Financial Services and General Government (FSGG) appropriations bill.2
The provisions in annual federal appropriations acts related to the DC budget typically include the The provisions in annual federal appropriations acts related to the DC budget typically include the
following three components: following three components:
1. Federal payments for specific purposes;3 1. Federal payments for specific purposes;3
2. Approval, disapproval, or modifications to DC’s operating budget;4 and 2. Approval, disapproval, or modifications to DC’s operating budget;4 and
3. General provisions pertaining to fiscal, budgetary, and policy directives, controls, 3. General provisions pertaining to fiscal, budgetary, and policy directives, controls,
and restrictions.5 and restrictions.5
District of Columbia Budget Process
The DC Home Rule Act codifies the process by which the Executive Office of the Mayor and The DC Home Rule Act codifies the process by which the Executive Office of the Mayor and
Council of the District of Columbia (DC council) develop DC’s operating budget. Under this Council of the District of Columbia (DC council) develop DC’s operating budget. Under this
process, the mayor establishes a proposed budget, consistent with guidance on funding levels process, the mayor establishes a proposed budget, consistent with guidance on funding levels
from the DC Chief Financial Officer. The mayor’s budget also considers agency requests and from the DC Chief Financial Officer. The mayor’s budget also considers agency requests and
other analysis by the Executive Office of the Mayor. other analysis by the Executive Office of the Mayor.
The DC council serves both oversight and deliberative legislative functions related to the budget The DC council serves both oversight and deliberative legislative functions related to the budget
process. Each DC council committee holds performance review hearings and budget hearings for process. Each DC council committee holds performance review hearings and budget hearings for
each agency under its jurisdiction. Committees compile information and recommendations from each agency under its jurisdiction. Committees compile information and recommendations from
this oversight process into committee reports, which provide the basis for the development of a this oversight process into committee reports, which provide the basis for the development of a
unified balanced budget at the council level.6 unified balanced budget at the council level.6
As required by the Home Rule Act, the DC council must approve a budget within 70 days after As required by the Home Rule Act, the DC council must approve a budget within 70 days after
receiving a budget proposal from the mayor.7 The budget consists of a federal portion and a local receiving a budget proposal from the mayor.7 The budget consists of a federal portion and a local
portion, which are adopted by the DC council in two separate bills. Once approved, the mayor portion, which are adopted by the DC council in two separate bills. Once approved, the mayor
transmits the federal portion to the President, who forwards it to Congress for review, possible transmits the federal portion to the President, who forwards it to Congress for review, possible
modification, and approval through the annual appropriations process. The local portion is modification, and approval through the annual appropriations process. The local portion is

1 For more information on the DC budget process, see Council of the District of Columbia, 1 For more information on the DC budget process, see Council of the District of Columbia, Budget Process (Step-by-
Step), https://www.dccouncilbudget.com/budget-process-step-by-step. , https://www.dccouncilbudget.com/budget-process-step-by-step.
2 For more information on FSGG appropriations, see CRS Report R47170, 2 For more information on FSGG appropriations, see CRS Report R47170, Financial Services and General
Government (FSGG) FY2023 Appropriations: Overview, by Baird Webel , by Baird Webel
3 The federal payments for FY2022 and proposed amounts for FY2023 are enumerated in 3 The federal payments for FY2022 and proposed amounts for FY2023 are enumerated in Table 1 of this report. of this report.
4 D.C. Code §1-204.46. 4 D.C. Code §1-204.46.
5 For an overview of some such provisions, see 5 For an overview of some such provisions, see “General Provisions: Key Policy Issues” in this report. in this report.
6 Council of the District of Columbia, Office of the Budget Director, 6 Council of the District of Columbia, Office of the Budget Director, Budget Process (Step-by-Step), ,
https://www.dccouncilbudget.com/budget-process-step-by-step. https://www.dccouncilbudget.com/budget-process-step-by-step.
7 87 Stat. 774. 7 87 Stat. 774.
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FY2023 District of Columbia Budget and Appropriations

submitted by the chair of the DC council to the Speaker of the House of Representatives and the submitted by the chair of the DC council to the Speaker of the House of Representatives and the
President of the Senate, for a 30-day period of review by Congress.8 If Congress does not act to President of the Senate, for a 30-day period of review by Congress.8 If Congress does not act to
disapprove the legislation within this 30-day period, it becomes law.9 disapprove the legislation within this 30-day period, it becomes law.9
Since the passage of P.L. 109-115 for FY2006, DC appropriations have been included in a multi- Since the passage of P.L. 109-115 for FY2006, DC appropriations have been included in a multi-
agency appropriations bill. In FY2006 and FY2007, DC appropriations were included in agency appropriations bill. In FY2006 and FY2007, DC appropriations were included in
Transportation, Treasury, Housing and Urban Development, the Judiciary, the District of Transportation, Treasury, Housing and Urban Development, the Judiciary, the District of
Columbia, and Independent Agencies appropriations bills (P.L. 109-115 and P.L. 110-5, Columbia, and Independent Agencies appropriations bills (P.L. 109-115 and P.L. 110-5,
respectively). Since FY2009, DC appropriations have been included in the Financial Services and respectively). Since FY2009, DC appropriations have been included in the Financial Services and
General Government appropriations bill (FSGG). Before FY2006, DC appropriations were General Government appropriations bill (FSGG). Before FY2006, DC appropriations were
provided by the House and the Senate in a stand-alone bill. provided by the House and the Senate in a stand-alone bill.
Local Budget Autonomy
Prior to 2013, Congress reviewed and approved the DC local budget through the federal Prior to 2013, Congress reviewed and approved the DC local budget through the federal
appropriations process. Some DC political leaders had expressed concern about the effect of appropriations process. Some DC political leaders had expressed concern about the effect of
delays in the annual appropriations process on the ability of the DC government to manage its delays in the annual appropriations process on the ability of the DC government to manage its
affairs and deliver public services. In 2013, DC enacted the Local Budget Autonomy Amendment affairs and deliver public services. In 2013, DC enacted the Local Budget Autonomy Amendment
Act of 2012 (D.C. Law 19-321).10 The act amended DC’s home rule charter to allow for Act of 2012 (D.C. Law 19-321).10 The act amended DC’s home rule charter to allow for
enactment of DC’s local budget after a 30-day congressional review period (also known as the enactment of DC’s local budget after a 30-day congressional review period (also known as the
layover period), similar to most other DC laws.11 The DC Board of Elections placed the proposed layover period), similar to most other DC laws.11 The DC Board of Elections placed the proposed
charter amendment on an April 23, 2013, ballot. DC voters approved the local budget autonomy charter amendment on an April 23, 2013, ballot. DC voters approved the local budget autonomy
charter amendment with 83% of the vote in support of the amendment. The act faced legal and charter amendment with 83% of the vote in support of the amendment. The act faced legal and
federal legislative challenges.12 A 2016 DC Superior Court ruling upheld the act.13 The DC federal legislative challenges.12 A 2016 DC Superior Court ruling upheld the act.13 The DC
government has observed the act in its budget process since 2016.14 Congress has continued to government has observed the act in its budget process since 2016.14 Congress has continued to
include language in continuing budget resolutions allowing DC to expend local funds on include language in continuing budget resolutions allowing DC to expend local funds on
programs and activities included in its general fund budget (revenues generated by DC). programs and activities included in its general fund budget (revenues generated by DC).

8 Government of the District of Columbia, 8 Government of the District of Columbia, Fiscal Year 2023 Approved Budget and Financial Plan, August 1, 2022, , August 1, 2022,
https://cfo.dc.gov/page/annual-operating-budget-and-capital-plan. https://cfo.dc.gov/page/annual-operating-budget-and-capital-plan.
9 District of Columbia Council, 9 District of Columbia Council, How a Bill Becomes a Law: District of Columbia Legislative Process, ,
https://dccouncil.us/how-a-bill-becomes-a-law/. https://dccouncil.us/how-a-bill-becomes-a-law/.
10 10 D.C. Law 19-321, Local Budget Autonomy Amendment Act of 2012, https://code.dccouncil.us/dc/council/laws/19-, https://code.dccouncil.us/dc/council/laws/19-
321. 321.
11 Prior to the change, DC officials expressed concern regarding delays in the passage of federal appropriations 11 Prior to the change, DC officials expressed concern regarding delays in the passage of federal appropriations
extending beyond the start of a given fiscal year. For more information, see CRS Report R43253, extending beyond the start of a given fiscal year. For more information, see CRS Report R43253, FY2014
Appropriations: District of Columbia, by Eugene Boyd. , by Eugene Boyd.
12 See Council of the District of Columbia v. Jeffrey S. Dewitt, 144 Daily Wash. L. Rptr. 893 (D.C. Super. Ct. March 12 See Council of the District of Columbia v. Jeffrey S. Dewitt, 144 Daily Wash. L. Rptr. 893 (D.C. Super. Ct. March
18, 2016). 18, 2016).
13 “Superior Court Judge Sides with D.C. Lawmakers on Control of Locally-Raised Dollars,” 13 “Superior Court Judge Sides with D.C. Lawmakers on Control of Locally-Raised Dollars,” Washington Post, March , March
18, 2016, https://www.washingtonpost.com/local/public-safety/superior-court-judge-sides-with-dc-lawmakers-on-18, 2016, https://www.washingtonpost.com/local/public-safety/superior-court-judge-sides-with-dc-lawmakers-on-
control-of-locally-raised-dollars/2016/03/18/1059c6e6-ed55-11e5-a6f3-21ccdbc5f74e_story.html. control-of-locally-raised-dollars/2016/03/18/1059c6e6-ed55-11e5-a6f3-21ccdbc5f74e_story.html.
14 Information provided by the District of Columbia Office of the Chief Financial Officer, 2020. 14 Information provided by the District of Columbia Office of the Chief Financial Officer, 2020.
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FY2023 District of Columbia Budget and Appropriations

FY2023 Appropriations of Federal Payments for the
District of Columbia
The President’s FY2023 Budget Request
On March 28, 2022, the Biden Administration submitted its full FY2023 budget request. The On March 28, 2022, the Biden Administration submitted its full FY2023 budget request. The
President’s proposed budget for federal payments to DC was included in an appendix for President’s proposed budget for federal payments to DC was included in an appendix for Other
Independent Agencies.15.15 The Administration’s proposed budget included $773.9 million in federal The Administration’s proposed budget included $773.9 million in federal
payments to the District of Columbia for activities including, but not limited to, court services, payments to the District of Columbia for activities including, but not limited to, court services,
offender supervision, and public defender services. offender supervision, and public defender services.
District of Columbia FY2023 Budget
On March 16, 2022, the DC mayor submitted a proposed budget to the DC council.16 The council On March 16, 2022, the DC mayor submitted a proposed budget to the DC council.16 The council
approved a budget of $19.6 billion on May 24, 2022, and transmitted it to the mayor on July 5, approved a budget of $19.6 billion on May 24, 2022, and transmitted it to the mayor on July 5,
2022.17 The mayor signed a version of the budget on July 13, 2022.18 The mayor transmitted the 2022.17 The mayor signed a version of the budget on July 13, 2022.18 The mayor transmitted the
federal portion of the DC budget to President Biden on August 1, 2022.19 Also on August 1, 2022, federal portion of the DC budget to President Biden on August 1, 2022.19 Also on August 1, 2022,
the DC council chair submitted the local budget to the Speaker of the House and the President of the DC council chair submitted the local budget to the Speaker of the House and the President of
the Senate for congressional review, in accordance with the Local Budget Autonomy Amendment the Senate for congressional review, in accordance with the Local Budget Autonomy Amendment
Act of 2012 (D.C. Law 19-321).20 Act of 2012 (D.C. Law 19-321).20
Congressional Action
The House Financial Services and General Government Appropriations Act, 2023 (H.R. 8254), The House Financial Services and General Government Appropriations Act, 2023 (H.R. 8254),
was marked up in subcommittee on June 16, 2022; marked up in full committee on June 24, was marked up in subcommittee on June 16, 2022; marked up in full committee on June 24,
2022; and reported (H.Rept. 117-393) on June 28, 2022. On July 26, 2022, the House passed a 2022; and reported (H.Rept. 117-393) on June 28, 2022. On July 26, 2022, the House passed a
version of the FSGG appropriations bill in Division D of H.R. 8294. version of the FSGG appropriations bill in Division D of H.R. 8294.
The Senate Committee on Appropriations did not hold hearings on the FY2023 budget request for The Senate Committee on Appropriations did not hold hearings on the FY2023 budget request for
federal payments for DC before the beginning of FY2023. However, the committee chair released federal payments for DC before the beginning of FY2023. However, the committee chair released
a draft bill and draft explanatory statement on July 28, 2022.21 a draft bill and draft explanatory statement on July 28, 2022.21

15 Office of Management and Budget, 15 Office of Management and Budget, Budget of the U.S. Government: Fiscal Year 2023, Appendix, March 28, 2022, , Appendix, March 28, 2022,
pp. 1240-1244, https://www.whitehouse.gov/wp-content/uploads/2022/03/oia_fy2023.pdf. pp. 1240-1244, https://www.whitehouse.gov/wp-content/uploads/2022/03/oia_fy2023.pdf.
16 Letter from Muriel Bowser, Mayor of the District of Columbia, to Phil Mendelson, Chair, Council of the District of 16 Letter from Muriel Bowser, Mayor of the District of Columbia, to Phil Mendelson, Chair, Council of the District of
Columbia, March 16, 2022, https://lims.dccouncil.us/downloads/LIMS/49080/Introduction/B24-0715-Introduction.pdf. Columbia, March 16, 2022, https://lims.dccouncil.us/downloads/LIMS/49080/Introduction/B24-0715-Introduction.pdf.
17 District of Columbia Council, 17 District of Columbia Council, B24-0716—Fiscal Year 2023 Local Budget Act of 2022: Legislative History, ,
https://lims.dccouncil.us/Legislation/B24-0716; District of Columbia Council, https://lims.dccouncil.us/Legislation/B24-0716; District of Columbia Council, B24-0715—Fiscal Year 2023 Federal
Portion Budget Request Act of 2022: Legislative History, , https://lims.dccouncil.us/Legislation/B24-0715. https://lims.dccouncil.us/Legislation/B24-0715.
18 18 D.C. Act 24-0715,, Fiscal Year 2023 Federal Portion Budget Request Act of 2022,
https://lims.dccouncil.us/downloads/LIMS/49080/Signed_Act/B24-0715-Signed_Act.pdf; https://lims.dccouncil.us/downloads/LIMS/49080/Signed_Act/B24-0715-Signed_Act.pdf; D.C. Act 24-0716, Fiscal
Year 2023 Local Budget Act of 2022, https://lims.dccouncil.us/downloads/LIMS/49081/Signed_Act/B24-0716-, https://lims.dccouncil.us/downloads/LIMS/49081/Signed_Act/B24-0716-
Signed_Act.pdf.Signed_Act.pdf.
19 Letter from Muriel Bowser, Mayor of the District of Columbia, to The Honorable Joseph R. Biden, Jr., President of 19 Letter from Muriel Bowser, Mayor of the District of Columbia, to The Honorable Joseph R. Biden, Jr., President of
the United States, August 1, 2022, https://app.box.com/s/bzjtghnj6tsfqxvlleob88r41k7lildf. the United States, August 1, 2022, https://app.box.com/s/bzjtghnj6tsfqxvlleob88r41k7lildf.
20 Letter from Phil Mendelson, Chair, Council of the District of Columbia, to The Honorable Nancy Pelosi and The 20 Letter from Phil Mendelson, Chair, Council of the District of Columbia, to The Honorable Nancy Pelosi and The
Honorable Kamala D. Harris, Speaker of the House and President of the Senate, August 1, 2022, Honorable Kamala D. Harris, Speaker of the House and President of the Senate, August 1, 2022,
https://app.box.com/s/bzjtghnj6tsfqxvlleob88r41k7lildf. https://app.box.com/s/bzjtghnj6tsfqxvlleob88r41k7lildf.
21 Senate Committee on Appropriations, “Chairman Leahy Releases Fiscal Year 2023 Senate Appropriations Bills,” 21 Senate Committee on Appropriations, “Chairman Leahy Releases Fiscal Year 2023 Senate Appropriations Bills,”
July 28, 2022, https://www.appropriations.senate.gov/news/majority/breaking-chairman-leahy-releases-fiscal-year- Congressional Research Service Congressional Research Service

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Continuing Resolution
On September 30, 2022, the President signed the Continuing Appropriations Act, 2023 (P.L. 117-On September 30, 2022, the President signed the Continuing Appropriations Act, 2023 (P.L. 117-
180).22 Section 132 of the Act provided congressional approval of the DC government’s general 180).22 Section 132 of the Act provided congressional approval of the DC government’s general
fund budget and capital budget for FY2023. fund budget and capital budget for FY2023.
Full-Year FY2023 Appropriations Full-year FY2023 FSGG appropriations were enacted in Division E of H.R. 2617, the Consolidated Appropriations Act, 2023. The President signed the bill into law on December 29, 2022, as P.L. 117-328. Title IV, Division E of the act included $791.9 million in federal payments for DC. Table 1 details the FY2023 proposed and enacted amounts of federal payments for the District of Columbia, as compared to the FY2022 enacted amounts.23 Table 1. District of Columbia Appropriations FY2022-FY2023: Federal Payments
In Millions of Dollars In Millions of Dollars FY2023
FY2022
FY2023
FY2023
FY2023
~~FY2023~~Senate
FY2023
Enacted
District of
Presidential
House
~~Senate~~Committee
Enacted
(P.L. 117-
Columbia
Budget
Passed
~~Committee~~Majority (P.L. 117-
103)
Request
Request
(H.R. 8294)
~~Majority~~

~~Draft~~
Draft 328) Resident Resident
40.0 40.0
20.0 20.0
20.0 20.0
40.0 40.0
40.0 40.0
—40.0
Tuition Tuition
Support Support
Emergency Emergency
25.0 25.0
30.0 30.0
30.0 30.0
30.0 30.0
30.0 30.0
—30.0
Planning and Planning and
Security Security
Costs Costs
DC Courts DC Courts
257.6 257.6
365.1 365.1
295.6 295.6
295.6 295.6
294.0 294.0
—291.1
Defender Defender
46.0 46.0
46.0 46.0
24.0 24.0
24.0 24.0
24.0 24.0
—24.0a
Services Services
Court Court
286.4 286.4
—ab
281.5 281.5
281.5 281.5
281.5 281.5
—285.0
Services and Services and
Offender Offender
Supervision Supervision
Agency Agency
The Public The Public
52.6 52.6
—ab
53.6 53.6
53.6 53.6
53.6 53.6
—53.6
Defender Defender
Service Service
Criminal Criminal
2.2 2.2
2.5 2.5
2.5 2.5
2.5 2.5
2.5 2.5
—2.5
Justice Justice
Coordinating Coordinating
Council Council
Judicial Judicial
0.6 0.6
0.6 0.6
0.6 0.6
0.6 0.6
0.6 0.6
—
~~Commissions~~
~~School~~
~~52.5~~
~~52.5~~
~~52.5~~
~~52.5~~
~~52.5~~
—
~~Improvement~~
~~DC National~~
~~0.6~~
~~0.6~~
~~0.6~~
~~0.6~~
~~0.6~~
—
~~Guard~~
~~Testing and~~
~~4.0~~
~~5.0~~
~~5.0~~
~~5.0~~
~~4.0~~
—
~~Treatment of~~
~~HIV/AIDS~~

~~July 28, 2022, https://www.appropriations.senate.gov/news/majority/breaking-chairman-leahy-releases-fiscal-year-~~
0.6 Commissions 2023-senate-appropriations-bills. 2023-senate-appropriations-bills.
22 For information on the Act, see CRS Report R47283, 22 For information on the Act, see CRS Report R47283, Overview of Continuing Appropriations for FY2023 (Division
A of P.L. 117-180), by Drew C. Aherne and Sarah B. Solomon. , by Drew C. Aherne and Sarah B. Solomon.
23 Not all of the funds listed in Table 1 are directed to, or expended by, DC government agencies. Congressional Research Service Congressional Research Service

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FY2023 FY2022
FY2023
FY2023
FY2023
~~FY2023~~Senate
FY2023
Enacted
District of
Presidential
House
~~Senate~~Committee
Enacted
(P.L. 117-
Columbia
Budget
Passed
~~Committee~~Majority (P.L. 117-
103)
Request
Request
(H.R. 8294)
~~Majority~~

~~Draft~~Draft 328) School 52.5 52.5 52.5 52.5 52.5 52.5 Improvement DC National 0.6 0.6 0.6 0.6 0.6 0.6 Guard Testing and 4.0 5.0 5.0 5.0 4.0 4.0 Treatment of HIV/AIDS
DC Water DC Water
8.0 8.0
8.0 8.0
8.0 8.0
8.0 8.0
8.0 8.0
—8.0
and Sewer and Sewer
AuthoriAuthori~~tyb~~tyc
Federal
775.5
530.3
773.9
793.9
791.3
—791.9
Payments
Total
Source: P.L. 117-103; DC Act 24-485, Fiscal Year 2023 Federal Portion Budget Request Act of 2022, P.L. 117-103; DC Act 24-485, Fiscal Year 2023 Federal Portion Budget Request Act of 2022,
https://lims.dccouncil.gov/Legislation/B24-0715; OMB, Budget of the U.S. Government: Fiscal Year 2023, https://lims.dccouncil.gov/Legislation/B24-0715; OMB, Budget of the U.S. Government: Fiscal Year 2023,
Appendix, March 28, 2022, pp. 1233-1245, https://www.whitehouse.gov/wp-Appendix, March 28, 2022, pp. 1233-1245, https://www.whitehouse.gov/wp-
content/uploads/2022/03/oia_fy2023.pdf; Senate Committee on Appropriations, “Chairman Leahy Releases Fiscal content/uploads/2022/03/oia_fy2023.pdf; Senate Committee on Appropriations, “Chairman Leahy Releases Fiscal
Year 2023 Senate Appropriations Bil s,” July 28, 2022, Year 2023 Senate Appropriations Bil s,” July 28, 2022,
https://www.appropriations.senate.gov/news/majority/breaking-chairman-leahy-releases-fiscal-year-2023-senate-https://www.appropriations.senate.gov/news/majority/breaking-chairman-leahy-releases-fiscal-year-2023-senate-
~~appropriations-bil s~~appropriations-bil s”; P.L. 117-328; and Sen. Patrick Leahy, “Explanatory Statement Submitted by Mr. Leahy, Chair of the Senate Committee on Appropriations, Regarding H.R. 2617, Consolidated Appropriations Act, 2023,” Congressional Record, daily edition, vol. 168, part 198 (December 20, 2022), pp. S7819-S8551. .
Notes: Figures may not sum to totals due to rounding. Figures may not sum to totals due to rounding.
a. Thisa. This amount reflects a rescission of $22 mil ion. b. This item is not included in the DC Federal Portion Budget Request Act. This is a federally chartered entity item is not included in the DC Federal Portion Budget Request Act. This is a federally chartered entity
working exclusively on behalf of the District. Its budget request is submitted under a separate account. working exclusively on behalf of the District. Its budget request is submitted under a separate account.
bc. The federal payment for the DC Water and Sewer Authority includes a provision requiring a 100% match . The federal payment for the DC Water and Sewer Authority includes a provision requiring a 100% match
from the authority. from the authority.
General Provisions: Key Policy Issues
Generally, FSGG appropriations acts include a series of general provisions pertaining to federal Generally, FSGG appropriations acts include a series of general provisions pertaining to federal
payments and other sources of DC budgetary funding. These provisions can be grouped into payments and other sources of DC budgetary funding. These provisions can be grouped into
several distinct but overlapping categories, with the most predominant being provisions related to several distinct but overlapping categories, with the most predominant being provisions related to
fiscal and budgetary directives and controls. Other provisions include administrative directives fiscal and budgetary directives and controls. Other provisions include administrative directives
and controls, limitations on lobbying for statehood or congressional voting representation, and controls, limitations on lobbying for statehood or congressional voting representation,
congressional oversight, and congressionally imposed restrictions and prohibitions related to congressional oversight, and congressionally imposed restrictions and prohibitions related to
social policy. The following sections provide an overview of some proposed and enacted social policy. The following sections provide an overview of some proposed and enacted
provisions restricting or prohibiting the use of federal and/or local funds for particular local social provisions restricting or prohibiting the use of federal and/or local funds for particular local social
policy initiatives in DC.policy initiatives in DC.2324 24 Such provisions are limitations (also known as limitation provisions or, more colloquially, riders) that restrict/prohibit the use of funds for certain purposes. For information on limitations, see CRS Report R41634, Limitations in Appropriations Measures: An Overview of Procedural Issues, by James V. Saturno. Congressional Research Service 5 FY2023 District of Columbia Budget and Appropriations
Abortion Services
The use of public funding for abortion services in DC is a perennial issue debated in Congress The use of public funding for abortion services in DC is a perennial issue debated in Congress
during annual deliberations on DC appropriations.during annual deliberations on DC appropriations.2425 President Biden’s FY2023 budget request did President Biden’s FY2023 budget request did
not include any provisions that would restrict the use of funds by the DC government for abortion not include any provisions that would restrict the use of funds by the DC government for abortion

~~23 Such provisions are limitations (also known as limitation provisions or, more colloquially, riders) that~~
~~restrict/prohibit the use of funds for certain purposes. For information on limitations, see CRS Report R41634,~~
Limitations in Appropriations Measures: An Overview of Procedural Issues, by James V. Saturno.
~~24 Since 1979, with the passage of the District of Columbia Appropriations Act of 1980 (P.L. 96-93; 93 Stat. 719),~~
~~Congress has placed some limitation or prohibition on the use of public funds for abortion services for District~~
~~residents. For a detailed overview of these provisions, see CRS Report R41772,~~ ~~District of Columbia: A Brief Review~~
~~of Provisions in District of Columbia Appropriations Acts Restricting the Funding of Abortion Services~~.
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~~services.25 The House-passed version and the Senate Committee Chair’s draft did not include~~
~~limiting provisions related to abortion~~services.26 The House-passed version and the Senate Committee Chair’s draft did not include limiting provisions related to abortion. As enacted, Division E, Title VIII, Section 810 of P.L. 117-328 prohibits the use of any funds by the DC government to provide abortion services, with certain exceptions, stating: No funds available for obligation or expenditure by the District of Columbia government under any authority shall be expended for any abortion except where the life of the mother would be endangered if the fetus were carried to term or where the pregnancy is the result of an act of rape or incest. .
DC Voting Representation in Congress
For several years, the general provisions of annual appropriation acts have prohibited the DC For several years, the general provisions of annual appropriation acts have prohibited the DC
government from using federal or local funds to lobby for voting representation in Congress, government from using federal or local funds to lobby for voting representation in Congress,
including statehood.including statehood.~~26 The President’s budget included the following three provisions that would~~
~~limit~~27 P.L. 117-328 Division E, Title VIII, included three specific provisions in sections 802, 804, and 806(a) limiting this type of activity: this type of activity:
1. SEC. 802. None of the Federal funds provided in this Act shall be used for 1. SEC. 802. None of the Federal funds provided in this Act shall be used for
publicity or propaganda purposes or implementation of any policy including publicity or propaganda purposes or implementation of any policy including
boycott designed to support or defeat legislation pending before Congress or any boycott designed to support or defeat legislation pending before Congress or any
State legislature. State legislature.
2. SEC. 804. None of the Federal funds provided in this Act may be used by the 2. SEC. 804. None of the Federal funds provided in this Act may be used by the
District of Columbia to provide for salaries, expenses, or other costs associated District of Columbia to provide for salaries, expenses, or other costs associated
with the offices of United States Senator or United States Representative under with the offices of United States Senator or United States Representative under
section 4(d) of the District of Columbia Statehood Constitutional Convention section 4(d) of the District of Columbia Statehood Constitutional Convention
Initiatives of 1979 (D.C. Law 3–171; D.C. Official Code, sec. 1–123). Initiatives of 1979 (D.C. Law 3–171; D.C. Official Code, sec. 1–123).
3. SEC. 806. (a) None of the Federal funds contained in this Act may be used by the 3. SEC. 806. (a) None of the Federal funds contained in this Act may be used by the
District of Columbia Attorney General or any other officer or entity of the District of Columbia Attorney General or any other officer or entity of the
District government to provide assistance for any petition drive or civil action District government to provide assistance for any petition drive or civil action
which seeks to require Congress to provide for voting representation in Congress which seeks to require Congress to provide for voting representation in Congress
for the District of Columbia.for the District of Columbia.27
These provisions were included in the Biden Administration’s proposed budget.28 The House-passed appropriations bill and the Senate Committee Chair’s draft did not The House-passed appropriations bill and the Senate Committee Chair’s draft did not
include such limiting include such limiting provisions. 25 Since 1979, with the passage of the District of Columbia Appropriations Act of 1980 (P.L. 96-93; 93 Stat. 719), Congress has placed some limitation or prohibition on the use of public funds for abortion services for District residents. 26 OMB, Budget of the U.S. Government: Fiscal Year 2023, Appendix, March 28, 2022, pp. 1244-1245, https://www.whitehouse.gov/wp-content/uploads/2022/03/oia_fy2023.pdf. 27 Several similar provisions date back to the 1980s and 1990s. 28 OMB, Budget of the U.S. Government: Fiscal Year 2023, Appendix, March 28, 2022, p. 1244, https://www.whitehouse.gov/wp-content/uploads/2022/03/oia_fy2023.pdf. Congressional Research Service 6 FY2023 District of Columbia Budget and Appropriations ~~provisions.~~
Needle Exchange
Addressing the spread of HIV and AIDS among intravenous drug abusers has been a policy issue Addressing the spread of HIV and AIDS among intravenous drug abusers has been a policy issue
of ongoing debate in congressional appropriations for DC.of ongoing debate in congressional appropriations for DC.2829 Some appropriations acts have Some appropriations acts have
included provisions to prohibit or restrict the use of funds to establish a needle exchange program included provisions to prohibit or restrict the use of funds to establish a needle exchange program
designed to reduce the spread of HIV and AIDS among users of illegal drugs. designed to reduce the spread of HIV and AIDS among users of illegal drugs.
The prohibition on the use of both federal and local funds for a needle exchange program was The prohibition on the use of both federal and local funds for a needle exchange program was
first approved by Congress as Section 170 of the District of Columbia Appropriations Act, 1999 first approved by Congress as Section 170 of the District of Columbia Appropriations Act, 1999
(Division A of P.L. 105-277). The FY1999 act did allow private funding of needle exchange (Division A of P.L. 105-277). The FY1999 act did allow private funding of needle exchange
programs. The Financial Services and General Government Appropriations Act, 2008 (Division programs. The Financial Services and General Government Appropriations Act, 2008 (Division
D, Title VIII of P.L. 110-161) contained language that further modified the needle exchange D, Title VIII of P.L. 110-161) contained language that further modified the needle exchange
provision included in previous appropriations acts. This act allowed the use of local (but not provision included in previous appropriations acts. This act allowed the use of local (but not
federal) funds for a needle exchange program, a provision that has been continued in subsequent federal) funds for a needle exchange program, a provision that has been continued in subsequent

~~25 OMB, Budget of the U.S. Government: Fiscal Year 2023, Appendix, March 28, 2022, pp. 1244-1245,~~
~~https://www.whitehouse.gov/wp-content/uploads/2022/03/oia_fy2023.pdf.~~
~~26 Several similar provisions date back to the 1980s and 1990s.~~
~~27 OMB, Budget of the U.S. Government: Fiscal Year 2023, Appendix, March 28, 2022, p. 1244,~~
~~https://www.whitehouse.gov/wp-content/uploads/2022/03/oia_fy2023.pdf.~~
~~28 Delegate Eleanor Holmes Norton, “HIV Progress in D.C. Accelerated by Federal Payments Norton Secures and Her~~
~~Removal of the Needle Exchange Rider,” press release, August 21, 2020, https://norton.house.gov/media-center/press-~~
~~releases/hiv-progress-in-dc-accelerated-by-federal-payments-norton-secures-and.~~
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fiscal years. Under the Consolidated Appropriations Act, 2010 (Division C, Title VIII of P.L. 111-fiscal years. Under the Consolidated Appropriations Act, 2010 (Division C, Title VIII of P.L. 111-
117), the provision was further modified to prohibit the use of federal funds in locations deemed 117), the provision was further modified to prohibit the use of federal funds in locations deemed
by local professionals in public health or law enforcement to be “inappropriate” for needle by local professionals in public health or law enforcement to be “inappropriate” for needle
exchange. exchange.
The President’s FY2023 budget would continue a provision The President’s FY2023 budget would continue a provision ~~prohibiting~~restricting the use of federal funds the use of federal funds
for the distribution of needles or syringes “for the purpose of preventing the spread of blood for the distribution of needles or syringes “for the purpose of preventing the spread of blood
borne pathogens in any location that has been determined by the local public health or local law borne pathogens in any location that has been determined by the local public health or local law
enforcement authorities to be inappropriate for such distribution.”enforcement authorities to be inappropriate for such distribution.”2930 The House-passed The House-passed
appropriations bill and the Senate Committee Chair’s draft did not include limiting provisions appropriations bill and the Senate Committee Chair’s draft did not include limiting provisions
related to needle exchange programs in DC. related to needle exchange programs in DC.
Section 807 of P.L. 117-328 Division E, Title VIII, continued the provision restricting the use of federal funds for this use, as stated below: None of the Federal funds contained in this Act may be used to distribute any needle or syringe for the purpose of preventing the spread of blood borne pathogens in any location that has been determined by the local public health or local law enforcement authorities to be inappropriate for such distribution. Schedule I Substances
Several general provisions included in appropriations acts have restricted or prohibited the DC Several general provisions included in appropriations acts have restricted or prohibited the DC
government from implementing local laws related to the legalization or decriminalization of government from implementing local laws related to the legalization or decriminalization of
schedule I controlled substances, including marijuana.schedule I controlled substances, including marijuana.3031 These provisions have varied depending These provisions have varied depending
on the legislation that they were designed to restrict, ranging from legalization to on the legislation that they were designed to restrict, ranging from legalization to
decriminalization of such substances for medical or recreational purposes.decriminalization of such substances for medical or recreational purposes.31
~~In 2014, the DC council passed the Marijuana Possession Decriminalization Amendment Act of~~
~~2014.32~~32 29 Delegate Eleanor Holmes Norton, “HIV Progress in D.C. Accelerated by Federal Payments Norton Secures and Her Removal of the Needle Exchange Rider,” press release, August 21, 2020, https://norton.house.gov/media-center/press-releases/hiv-progress-in-dc-accelerated-by-federal-payments-norton-secures-and. 30 OMB, Budget of the U.S. Government: Fiscal Year 2023, Appendix, March 28, 2022, p. 1244, https://www.whitehouse.gov/wp-content/uploads/2022/03/oia_fy2023.pdf. 31 For a definition of schedule I substances, see 21 U.S.C. §812. 32 In 1998, District of Columbia voters approved Initiative 59, which allowed the use of medical marijuana to assist persons suffering from debilitating health conditions and diseases, including cancer and HIV infection. Certification and implementation of the initiative, however, were delayed over a decade by Congress due to the passage of the “Barr Amendment,” which, in a series of DC appropriations acts, prohibited the use of appropriated funds to conduct any ballot initiative that sought to legalize marijuana or otherwise reduce penalties for its use. Congressional Research Service 7 FY2023 District of Columbia Budget and Appropriations In 2014, the DC council passed the Marijuana Possession Decriminalization Amendment Act of 2014.33 The act decriminalized the possession of small amounts of marijuana by making such The act decriminalized the possession of small amounts of marijuana by making such
activity a civil violation subject to a civil fine of $25.activity a civil violation subject to a civil fine of $25.3334 The act went into effect in July 2014. Also The act went into effect in July 2014. Also
in 2014, almost 65% of DC voters voted to approve Initiative 71 to legalize the possession, in 2014, almost 65% of DC voters voted to approve Initiative 71 to legalize the possession,
growth, and exchange of certain amounts of marijuana among individuals aged 21 and older in growth, and exchange of certain amounts of marijuana among individuals aged 21 and older in
DC.DC.3435 Subsequently, the Consolidated and Further Continuing Appropriations Act, 2015 (P.L. Subsequently, the Consolidated and Further Continuing Appropriations Act, 2015 (P.L.
113-235) included a general provision prohibiting the use of funds contained in the act to carry 113-235) included a general provision prohibiting the use of funds contained in the act to carry
out such laws or regulations. Similar provisions have been included in subsequent appropriations out such laws or regulations. Similar provisions have been included in subsequent appropriations
acts. In November, 2020, approximately 76% of DC voters voted to approve ballot Initiative 81, acts. In November, 2020, approximately 76% of DC voters voted to approve ballot Initiative 81,
to decriminalize some psychedelic plants and fungi.to decriminalize some psychedelic plants and fungi.3536
The President’s FY2023 budget included provisions that would continue to prohibit the use of The President’s FY2023 budget included provisions that would continue to prohibit the use of
federal or local funds to enact or implement the legalization or decriminalization of schedule I federal or local funds to enact or implement the legalization or decriminalization of schedule I

~~29 OMB, Budget of the U.S. Government: Fiscal Year 2023, Appendix, March 28, 2022, p. 1244,~~
~~https://www.whitehouse.gov/wp-content/uploads/2022/03/oia_fy2023.pdf.~~
~~30 For a definition of schedule I substances, see 21 U.S.C. §812.~~
~~31 In 1998, District of Columbia voters approved Initiative 59, which allowed the use of medical marijuana to assist~~
~~persons suffering from debilitating health conditions and diseases, including cancer and HIV infection. Certification~~
~~and implementation of the initiative, however, were delayed over a decade by Congress due to the passage of the “Barr~~
~~Amendment,” which, in a series of DC appropriations acts, prohibited the use of appropriated funds to conduct any~~
~~ballot initiative that sought to legalize marijuana or otherwise reduce penalties for its use.~~
32substances.37 The House-passed appropriations bill and the Senate Committee Chair’s draft did not include limiting provisions pertaining to the legalization of schedule I substances. As enacted, Section 809 of Title VII of Division E of P.L. 117-328 continued the provision prohibiting the use of federal and local funds for the legalization or decriminalization of schedule I substances in DC, as stated below: (a) None of the Federal funds contained in this Act may be used to enact or carry out any law, rule, or regulation to legalize or otherwise reduce penalties associated with the possession, use, or distribution of any schedule I substance under the Controlled Substances Act (21 U.S.C. 801 et seq.) or any tetrahydrocannabinols derivative. (b) No funds available for obligation or expenditure by the District of Columbia government under any authority may be used to enact any law, rule, or regulation to legalize or otherwise reduce penalties associated with the possession, use, or distribution of any schedule I substance under the Controlled Substances Act (21 U.S.C. 801 et seq.) or any tetrahydrocannabinols derivative for recreational purposes. Concluding Observations Congress maintains plenary authority over DC legislation and budgets, as granted under the U.S. Constitution. The general provisions in annual appropriations legislation described above are one mechanism by which Congress has exercised its authority. The Home Rule Act also establishes a mechanism by which Congress may review and disapprove of most laws enacted by DC before they take effect.38 33 District of Columbia Council, District of Columbia Council, Marijuana Possession Decriminalization Amendment Act of 2014, July 2014, , July 2014,
https://lims.dccouncil.gov/Legislation/B20-1064 https://lims.dccouncil.gov/Legislation/B20-1064
3334 Aaron C. Davis, “D.C. Council Votes to Eliminate Jail Time for Marijuana Possession,” Aaron C. Davis, “D.C. Council Votes to Eliminate Jail Time for Marijuana Possession,” Washington Post, March 5, , March 5,
2014. 2014.
3435 District of Columbia Council, District of Columbia Council, Legalization of Possession of Minimal Amounts of Marijuana for Personal Use
Initiative of 2014, February 2015,, February 2015, https://lims.dccouncil.gov/Legislation/B20-1064. https://lims.dccouncil.gov/Legislation/B20-1064.
3536 Justin Wm. Moyer, “D.C. Voters Approve Ballot Question to Decriminalize Psychedelic Mushrooms,” Justin Wm. Moyer, “D.C. Voters Approve Ballot Question to Decriminalize Psychedelic Mushrooms,” Washington
Post, November 3, 2020, https://www.washingtonpost.com/local/dc-politics/dc-magic-mushrooms-result/2020/11/03/, November 3, 2020, https://www.washingtonpost.com/local/dc-politics/dc-magic-mushrooms-result/2020/11/03/
bb929e86-1abc-11eb-bb35-2dcfdab0a345_story.html. bb929e86-1abc-11eb-bb35-2dcfdab0a345_story.html.
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~~substances.36 The House-passed appropriations bill and the Senate Committee Chair’s draft did~~
~~not include limiting provisions pertaining to the legalization of schedule I substances.~~
~~Concluding Observations~~
~~Congress maintains plenary authority over DC legislation and budgets, as granted under the U.S.~~
~~Constitution. One way in which Congress has exercised its authority has been through general~~
~~provisions in annual federal appropriations legislation.~~ 37 OMB, Budget of the U.S. Government: Fiscal Year 2023, Appendix, March 28, 2022, p. 1244, https://www.whitehouse.gov/wp-content/uploads/2022/03/oia_fy2023.pdf. 38 For an overview of this mechanism, see CRS Insight IN12122, Congressional Disapproval of District of Columbia Acts: Overview of Selected Resolutions, by Joseph V. Jaroscak, Ben Leubsdorf, and Christopher M. Davis. Congressional Research Service 8 FY2023 District of Columbia Budget and Appropriations Some Members of Congress have Some Members of Congress have
proposed legislation that would modify the role of Congress in passing local DC proposed legislation that would modify the role of Congress in passing local DC ~~legislation~~laws. For . For
instance, in the instance, in the ~~117th~~118th Congress, Delegate Eleanor Holmes Norton introduced the District of Congress, Delegate Eleanor Holmes Norton introduced the District of
Columbia Legislative Columbia Legislative ~~Autonomy~~Home Rule Act (H.R. Act (H.R. ~~411~~268), which would amend the DC Home Rule Act by ), which would amend the DC Home Rule Act by
eliminating eliminating ~~the~~a process of congressional review for legislation passed by the DC council. process of congressional review for legislation passed by the DC council.
Other proposed legislation related to voting representation in Congress for DC residents would Other proposed legislation related to voting representation in Congress for DC residents would
also likely change the role of Congress in local legislation and policy decisions. For information also likely change the role of Congress in local legislation and policy decisions. For information
on on ~~such~~selected recent proposed legislation, please see CRS Insight IN11599, proposed legislation, please see CRS Insight IN11599, District of Columbia Voting
Representation Proposals in the 117th Congress, by Joseph V. Jaroscak. , by Joseph V. Jaroscak.

Author Information

Joseph V. Jaroscak Joseph V. Jaroscak

Analyst in Economic Development Policy Analyst in Economic Development Policy

Disclaimer
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~~36 OMB, Budget of the U.S. Government: Fiscal Year 2023, Appendix, March 28, 2022, p. 1244,~~
~~https://www.whitehouse.gov/wp-content/uploads/2022/03/oia_fy2023.pdf.~~
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