FY2022 District of Columbia Budget and Appropriations

FY2022 District of Columbia Budget and Appropriations

FY2022 District of Columbia Budget and
June 14, 2022
Appropriations
Joseph V. Jaroscak
The District of Columbia (DC) government’s local operating budget and much of its local
Analyst in Economic
legislation is subject to congressional approval, pursuant to the plenary legislative authority of
Development Policy
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
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,
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
and the DC Council. 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 transmitted by the mayor to the President, 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 Speaker of the House of Representatives, 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 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 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.
On May 28, 2021, the Biden Administration submitted its detailed budget request for FY2022, which included $794.5 million
in federal payments for DC. The DC government passed an $18.4 billion budget on September 2, 2021. On March 15, 2022,
the President signed the Consolidated Appropriations Act, 2022 (P.L. 117-103) into law. Division E, Title IV of the act
included $775.5 million in federal payments for DC. Division E, Title VIII of the act also included several general provisions
relating to fiscal and budgetary controls, administrative directives, and restrictions or prohibitions related to social policy in
DC. These provisions included language placing limitations on the use of federal—and in some cases local—funds for
abortion services, DC voting representation, needle exchange initiatives, and Schedule I controlled substances.
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Contents
Introduction ..................................................................................................................................... 1
District of Columbia Budget Process .............................................................................................. 1
Local Budget Autonomy ........................................................................................................... 2
FY2022 Appropriations of Federal Payments for the District of Columbia .................................... 2
The President’s FY2022 Budget Request ................................................................................. 2
District of Columbia FY2022 Budget ....................................................................................... 3
Congressional Action ................................................................................................................ 3
General Provisions: Key Policy Issues ............................................................................................ 5
Abortion Services ...................................................................................................................... 5
DC Voting Representation in Congress ..................................................................................... 6
Needle Exchange ....................................................................................................................... 6
Schedule I Substances ............................................................................................................... 7
Concluding Observations .......................................................................................................... 8

Tables
Table 1. District of Columbia Appropriations FY2021-FY2022: Federal Payments ...................... 4

Contacts
Author Information .......................................................................................................................... 9

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Introduction
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-
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
and city council. Congress retained its authority to review and approve all DC laws, including
DC’s annual budget. In addition to its budget authority, generally, Congress 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.1
The provisions in annual federal appropriations acts related to the DC budget typically include the
following three components:
1. Federal payments for specific purposes;2
2. Approval, disapproval, or modifications to DC’s operating budget;3 and
3. General provisions pertaining to fiscal, budgetary, and policy directives, controls,
and restrictions.4
This report provides an overview of the DC budget process, details the types and amounts of
federal payments appropriated in the Consolidated Appropriations Act, 2022 (P.L. 117-103), and
discusses selected general provisions related to local DC policy in the FY2022 appropriations act.
District of Columbia Budget Process
The DC Home Rule Act codifies the process by which the Executive Office of the Mayor and DC
Council develop DC’s operating budget. Under this process, the DC 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 other analysis by the Executive
Office of the Mayor.
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
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
unified balanced budget at the council level.5
As required by the Home Rule Act, the DC Council must approve a budget within 70 days after
receiving a budget proposal from the DC Mayor.6 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 transmits the federal portion to the President, who forwards it to Congress for review,

1 For more information on FSGG appropriations, see CRS Report R46621, Financial Services and General
Government (FSGG) FY2021 Appropriations: Overview, by Baird Webel.
2 The federal payments for FY2020 and FY2021 are enumerated in Table 1 of this report.
3 D.C. Code §1-204.46.
4 For an overview of some such provisions, see “General Provisions: Key Policy Issues” in this report.
5 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.
6 87 Stat. 774.
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possible modification, 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 a 30-day period of review by Congress.7 If Congress does not act
to disapprove the legislation within this 30-day period, it becomes a law.8
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
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). Since
FY2009, DC appropriations have been included in the Financial Services and General
Government appropriations bill (FSGG). Before FY2006 DC appropriations was provided by the
House and the Senate in a stand-alone bill.
Local Budget Autonomy
In 2013, DC enacted the Local Budget Autonomy Amendment Act of 2012 (D.C. Law 19-321).9
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 layover period), similar to most other DC
laws, as opposed to passing the local budget through the federal appropriations process.10 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 with 83% of the vote in support of
the amendment. The act faced legal and federal legislative challenges.11 A 2016 DC Superior
Court ruling upheld the act.12 The DC government has observed the act in its budget process since
2016.13
FY2022 Appropriations of Federal Payments for the
District of Columbia
The President’s FY2022 Budget Request
On May 28, 2021, the Biden Administration submitted its full FY2022 budget request. The
President’s proposed budget for federal payments to DC was included in an appendix for Other

7 Government of the District of Columbia, Fiscal Year 2021 Approved Budget and Financial Plan, August 27, 2020,
https://cfo.dc.gov/sites/default/files/dc/sites/ocfo/publication/attachments/DC_OCFO_Budget_Vol_1-Bookmarked-9-1-
2020.pdf.
8 District of Columbia Council, How a Bill Becomes a Law: District of Columbia Legislative Process,
https://dccouncil.us/how-a-bill-becomes-a-law/.
9 D.C. Law 19-321, Local Budget Autonomy Amendment Act of 2012, https://code.dccouncil.us/dc/council/laws/19-
321.html.
10 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, FY2014
Appropriations: District of Columbia, by Eugene Boyd.
11 See Council of the District of Columbia v. Jeffrey S. Dewitt, 144 Daily Wash. L. Rptr. 893 (D.C. Super. Ct. March
18, 2016).
12 “Superior Court Judge Sides with D.C. Lawmakers on Control of Locally-Raised Dollars,” Washington Post, March
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.
13 Information provided by the District of Columbia Office of the Chief Financial Officer, 2020.
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Independent Agencies.14 The Administration’s proposed budget included $794.5 million in federal
payments to the District of Columbia for activities including court services, offender supervision,
and public defender services.
District of Columbia FY2022 Budget
On May 27, 2021, the DC Mayor submitted a proposed budget to the DC Council.15 The council
approved a budget of $18.4 billion on August 3, 2021, and transmitted it to the mayor on
September 2, 2021.16 The mayor signed a version of the budget on September 13, 2021.17 The
mayor transmitted the federal portion of the DC budget to President Biden on September 17,
2021.18 Also on September 17, 2021, 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 Act of 2012 (D.C. Law 19-321).19
Congressional Action
The House Committee on Appropriations reported a Financial Services and General Government
Appropriations Act, 2022 (H.R. 4345; H.Rept. 117-79), on July 1, 2021. The text of H.R. 4345
was included as Division D of H.R. 4502 when that bill was considered on the House floor. H.R.
4502 passed the House on July 29, 2021.
The Senate Committee on Appropriations did not hold hearings on the FY2022 budget request for
federal payments for DC. However, the committee chair released a draft bill and draft explanatory
statement on October 18, 2021.20
FSGG appropriations were enacted in Division E of H.R. 2471, the Consolidated Appropriations
Act, 2022. The President signed the bill into law on March 15, 2022, as P.L. 117-103. Title IV of
Division E of the act included $775.5 million in federal payments for a variety of purposes in DC.
Table 1 details the FY2022 proposed and enacted amounts of federal payments for the District of
Columbia, as compared to the FY2021 enacted amounts.21

14 Office of Management and Budget, Budget of the U.S. Government: Fiscal Year 2022, Appendix, May 28, 2021, pp.
1243-1370, https://www.govinfo.gov/content/pkg/BUDGET-2022-APP/pdf/BUDGET-2022-APP.pdf.
15 Letter from Muriel Bowser, Mayor of the District of Columbia, to Phil Mendelson, Chair, Council of the District of
Columbia, April 27, 2021, https://lims.dccouncil.us/downloads/LIMS/47279/Introduction/B24-0275-Introduction.pdf.
16 District of Columbia Council, B24-0275—Fiscal Year 2022 Local Budget Act of 2021: Legislative History,
https://lims.dccouncil.us/Legislation/B24-0275; District of Columbia Council, B24-0276—Fiscal Year 2022 Federal
Portion Budget Request Act of 2021: Legislative History, https://lims.dccouncil.us/Legislation/B24-0276; District of
Columbia Council, B24-0285—Fiscal Year 2022 Budget Support Act of 2021: Legislative History,
https://lims.dccouncil.us/Legislation/B24-0285.
17 D.C. Act 24-173, Fiscal Year 2022 Local Budget Act of 2021 https://lims.dccouncil.us/downloads/LIMS/47279/
Signed_Act/B24-0275-Signed_Act.pdf.
18 Letter from Muriel Bowser, Mayor of the District of Columbia, to The Honorable Joseph R. Biden, Jr., President of
the United States of America, September 17, 2021, https://app.box.com/s/qerszz0zt2a307w72n8e4nq4ka3advz1.
19 Letter from Phil Mendelson, Chair, Council of the District of Columbia, to The Honorable Nancy Pelosi and the
Honorable Kamala Harris, Speaker of the U.S. House of Representatives and President of the U.S. Senate, September
17, 2021, https://app.box.com/s/qerszz0zt2a307w72n8e4nq4ka3advz1.
20 Senate Committee on Appropriations, “Chairman Leahy Releases Remaining Nine Senate Appropriations Bills,”
October 18, 2021, https://www.appropriations.senate.gov/news/majority/chairman-leahy-releases-remaining-nine-
senate-appropriations-bills.
21 Not all of the funds listed in Table 1 are directed to, or expended by, DC government agencies.
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P.L. 117-103 also approved the expenditure of DC local funds as outlined in the Fiscal Year 2022
Budget Request Act of 2021.22 Additionally, the act included a provision allowing the use of DC
government local funds in the event of a federal government shutdown in FY2023 (P.L. 117-103,
Division E, Title VII, Section 816). A similar provision has been included in each appropriations
bill since FY2013.23
Table 1. District of Columbia Appropriations FY2021-FY2022: Federal Payments
In Millions of Dollars
FY2022
FY2021
FY2022
FY2022
FY2022
Senate
FY2022
Enacted
District of
Presidential
House
Committee
Enacted
(P.L. 116-
Columbia
Budget
Passed
Chair’s
(P.L. 117-

260)
Request
Request
(H.R. 4502)
Draft
103)
Resident
40.0
40.0
40.0
40.0
40.0
40.0
Tuition
Support
Emergency
38.4a
25.0
25.0
25.0
25.0
25.0
Planning and
Security
Costs
DC Courts
250.1
357.8
273.5
273.5
238.0
257.6
Defender
46.0
46.0
46.0
46.0
46.0
46.0
Services
Court
245.9
—b
283.4
283.4
286.4
286.4
Services and
Offender
Supervision
Agency
The Public
46.2
—b
57.7
57.7
57.7
52.6
Defender
Service
Criminal
2.2
2.2
2.2
2.2
2.2
2.2
Justice
Coordinating
Council
Judicial
0.6
0.6
0.6
0.6
0.6
0.6
Commissions
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

22 D.C. Law 24-43, Fiscal Year 2022 Local Budget Act of 2021, https://code.dccouncil.us/us/dc/council/laws/24-43.
23 Delegate Eleanor Holmes Norton, “Norton Scores D.C. Victories in Omnibus Appropriations Bill, Disappointed D.C.
Marijuana and Abortion Riders Remain and DCTAG Award Increase Blocked,” press release, March 9, 2022,
https://norton.house.gov/media-center/press-releases/norton-scores-dc-victories-in-omnibus-appropriations-bill-
disappointed.
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FY2022
FY2021
FY2022
FY2022
FY2022
Senate
FY2022
Enacted
District of
Presidential
House
Committee
Enacted
(P.L. 116-
Columbia
Budget
Passed
Chair’s
(P.L. 117-

260)
Request
Request
(H.R. 4502)
Draft
103)
DC Water
8.0
8.0
8.0
8.0
8.0
8.0
and Sewer
Authority c
Federal
734.5d
537.7
794.5
794.5
761.0
775.5
Payments
Total
Source: P.L. 116-260; D.C. Act 24-174, Fiscal Year 2022 Federal Portion Budget Request Act of 2021,
https://lims.dccouncil.us/Legislation/B24-0276; Office of Management and Budget, Budget of the U.S. Government:
Fiscal Year 2022, Appendix, May 28, 2021, pp. 1243-1370, https://www.govinfo.gov/content/pkg/BUDGET-2022-
APP/pdf/BUDGET-2022-APP.pdf; H.R. 4502; Senate Committee on Appropriations, “Chairman Leahy Releases
Remaining Nine Senate Appropriations Bil s,” October 18, 2021, https://www.appropriations.senate.gov/news/
majority/chairman-leahy-releases-remaining-nine-senate-appropriations-bil s; P.L. 117-103.
Notes: Figures may not sum to totals due to rounding.
a. This amount includes approximately $21.9 mil ion for costs associated with the January 2021 Presidential
Inauguration.
b. This 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.
c. The federal payment for the DC Water and Sewer Authority includes a provision requiring a 100% match
from the authority.
d. P.L. 116-159 included an additional $13 mil ion for emergency planning and security costs associated with
the Presidential Inauguration held in January 2021.
General Provisions: Key Policy Issues
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
several distinct but overlapping categories, with the most predominant being provisions related to
fiscal and budgetary directives and controls. Other provisions include administrative directives
and controls, limitations on lobbying for statehood or congressional voting representation,
congressional oversight, and congressionally imposed restrictions and prohibitions related to
social policy.
Division E, Title VIII of P.L. 117-103 enumerates such provisions for FY2022. 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 policy initiatives in DC.24
Abortion Services
The use of public funding for abortion services in DC is a perennial issue debated in Congress
during annual deliberations on DC appropriations.25 President Biden’s FY2022 budget request did

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.
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
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not include any provisions that would restrict the use of funds by the DC government for 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.
117-103 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
government from using federal or local funds to lobby for voting representation in Congress,
including statehood.27 P.L. 117-103 Division E, Title VIII, included three specific provisions in
sections 802, 804, and 806(a) limiting this type of activity:
1. “None of the Federal funds provided in this Act shall be used for publicity or
propaganda purposes or implementation of any policy including boycott designed
to support or defeat legislation pending before Congress or any State legislature.”
2. “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 with the
offices of United States Senator or United States Representative under 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).”
3. “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
government to provide assistance for any petition drive or civil action which
seeks to require Congress to provide for voting representation in Congress for the
District of Columbia.”
These provisions were included in the Biden Administration’s proposed budget and the Senate
Committee on Appropriations majority draft.28 These provisions were not included among general
provisions specifically pertaining to DC in the version of FSGG appropriations that passed the
House of Representatives (H.R. 4502).
Needle Exchange
Addressing the spread of HIV and AIDS among intravenous drug abusers has been a policy issue
of ongoing debate in congressional appropriations for DC.29 Some appropriations acts have

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, by Eugene
Boyd.
26 Office of Management and Budget, Budget of the U.S. Government: Fiscal Year 2022, Appendix, May 28, 2021, p.
1272, https://www.govinfo.gov/content/pkg/BUDGET-2022-APP/pdf/BUDGET-2022-APP.pdf.
27 Several similar provisions date back to the 1980s and 1990s.
28 Office of Management and Budget, Budget of the U.S. Government: Fiscal Year 2022, Appendix, May 28, 2021, pp.
1271-1272, https://www.govinfo.gov/content/pkg/BUDGET-2022-APP/pdf/BUDGET-2022-APP.pdf.
29 Delegate Eleanor Holmes Norton, “HIV Progress in D.C. Accelerated by Federal Payments Norton Secures and Her
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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.
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
(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
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
federal) funds for a needle exchange program, a provision that has been continued in subsequent
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
by local professionals in public health or law enforcement to be “inappropriate” for needle
exchange.
The Biden Administration’s budget included a provision that would prohibit the use of federal
funds for the distribution of needles and syringes.30 The House-passed bill, H.R. 4502, did not
include such a provision. The Senate Committee Chair’s draft included a provision that would
have continued the provision prohibiting the use of federal funds for this purpose.31 Section 807
of Title VII of Division E of P.L. 117-103 continued the provision prohibiting 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
government from implementing local laws related to the legalization or decriminalization of
schedule I controlled substances, including marijuana.32 These provisions have varied depending
on the legislation that they were designed to restrict, ranging from legalization to
decriminalization of such substances for medical or recreational purposes.33
In 2014, the DC Council passed the Marijuana Possession Decriminalization Amendment Act of
2014.34 The act decriminalized the possession of small amounts of marijuana by making such

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 Office of Management and Budget, Budget of the U.S. Government: Fiscal Year 2022, Appendix, May 28, 2021, p.
1271, https://www.govinfo.gov/content/pkg/BUDGET-2022-APP/pdf/BUDGET-2022-APP.pdf.
31 Senate Committee on Appropriations, “Chairman Leahy Releases Remaining Nine Senate Appropriations Bills,”
October 18, 2021, https://www.appropriations.senate.gov/news/majority/chairman-leahy-releases-remaining-nine-
senate-appropriations-bills.
32 For a definition of schedule I substances, see 21 U.S.C. §812.
33 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.
34 District of Columbia Council, Marijuana Possession Decriminalization Amendment Act of 2014, July 2014,
https://code.dccouncil.us/dc/council/laws/20-126.html.
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activity a civil violation subject to a civil fine of $25.35 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,
growth, and exchange of certain amounts of marijuana among individuals aged 21 and older in
DC.36 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
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,
to decriminalize some psychedelic plants and fungi.37
The Biden Administration’s FY2022 proposed budget included a provision that would have
prohibited the use of any funds to enact or implement the legalization or decriminalization of
schedule I substances. The bill that passed the House and the Senate Committee Chair’s draft did
not include such a provision. As enacted, Section 809 of Title VII of Division E of P.L. 117-103
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. One way in which Congress has exercised its authority has been through general
provisions in annual federal appropriations legislation. Some Members of Congress have
proposed legislation that would modify the role of Congress in passing local DC legislation. For
instance, in the 117th Congress, Delegate Eleanor Holmes Norton introduced the District of
Columbia Legislative Autonomy Act (H.R. 411), which would amend the DC Home Rule Act by
eliminating the process of congressional review for legislation passed by the DC Council.
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
on some such proposed legislation, please see CRS Insight IN11599, District of Columbia Voting
Representation Proposals in the 117th Congress, by Joseph V. Jaroscak.

35 Aaron C. Davis, “D.C. Council Votes to Eliminate Jail Time for Marijuana Possession,” Washington Post, March 5,
2014.
36 District of Columbia Council, Legalization of Possession of Minimal Amounts of Marijuana for Personal Use
Initiative of 2014, February 2015, https://code.dccouncil.us/dc/council/laws/20-153.html.
37 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/
bb929e86-1abc-11eb-bb35-2dcfdab0a345_story.html.
Congressional Research Service

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FY2022 District of Columbia Budget and Appropriations

Author Information

Joseph V. Jaroscak

Analyst in Economic Development Policy

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Congressional Research Service
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