FY2023 District of Columbia Budget and Appropriations

FY2023 District of Columbia Budget and Appropriations

FY2023 District of Columbia Budget and
March 27, 2023
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 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
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
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
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 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
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
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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Contents
Introduction ..................................................................................................................................... 1
District of Columbia Budget Process .............................................................................................. 1
Local Budget Autonomy ........................................................................................................... 2
FY2023 Appropriations of Federal Payments for the District of Columbia .................................... 3
The President’s FY2023 Budget Request ................................................................................. 3
District of Columbia FY2023 Budget ....................................................................................... 3
Congressional Action ................................................................................................................ 3
Continuing Resolution .............................................................................................................. 4
Full-Year FY2023 Appropriations ............................................................................................. 4
General Provisions: Key Policy Issues ............................................................................................ 5
Abortion Services ...................................................................................................................... 6
DC Voting Representation in Congress ..................................................................................... 6
Needle Exchange ....................................................................................................................... 7
Schedule I Substances ............................................................................................................... 7
Concluding Observations .......................................................................................................... 8

Tables
Table 1. District of Columbia Appropriations FY2022-FY2023: 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 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
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
following three components:
1. Federal payments for specific purposes;3
2. Approval, disapproval, or modifications to DC’s operating budget;4 and
3. General provisions pertaining to fiscal, budgetary, and policy directives, controls,
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
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
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.6
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
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
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, 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, Financial Services and General
Government (FSGG) FY2023 Appropriations: Overview, by Baird Webel
3 The federal payments for FY2022 and proposed amounts for FY2023 are enumerated in Table 1 of this report.
4 D.C. Code §1-204.46.
5 For an overview of some such provisions, see “General Provisions: Key Policy Issues” in this report.
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.
7 87 Stat. 774.
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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
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-
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,
respectively). Since FY2009, DC appropriations have been included in the Financial Services and
General Government appropriations bill (FSGG). Before FY2006, DC appropriations were
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
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
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
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
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.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
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).

8 Government of the District of Columbia, Fiscal Year 2023 Approved Budget and Financial Plan, August 1, 2022,
https://cfo.dc.gov/page/annual-operating-budget-and-capital-plan.
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/.
10 D.C. Law 19-321, Local Budget Autonomy Amendment Act of 2012, https://code.dccouncil.us/dc/council/laws/19-
321.
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, FY2014
Appropriations: District of Columbia, 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
18, 2016).
13 “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.
14 Information provided by the District of Columbia Office of the Chief Financial Officer, 2020.
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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
President’s proposed budget for federal payments to DC was included in an appendix for Other
Independent Agencies.15 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,
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
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
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 Senate for congressional review, in accordance with the Local Budget Autonomy Amendment
Act of 2012 (D.C. Law 19-321).20
Congressional Action
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,
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.
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
a draft bill and draft explanatory statement on July 28, 2022.21

15 Office of Management and Budget, Budget of the U.S. Government: Fiscal Year 2023, Appendix, March 28, 2022,
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
Columbia, March 16, 2022, https://lims.dccouncil.us/downloads/LIMS/49080/Introduction/B24-0715-Introduction.pdf.
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, B24-0715—Fiscal Year 2023 Federal
Portion Budget Request Act of 2022: Legislative History, https://lims.dccouncil.us/Legislation/B24-0715.
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; D.C. Act 24-0716, Fiscal Year 2023 Local Budget Act
of 2022, https://lims.dccouncil.us/downloads/LIMS/49081/Signed_Act/B24-0716-Signed_Act.pdf.
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.
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, https://app.box.com/s/
bzjtghnj6tsfqxvlleob88r41k7lildf.
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-
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Continuing Resolution
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
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
FY2023
FY2022
FY2023
FY2023
FY2023
Senate
FY2023
Enacted
District of
Presidential
House
Committee
Enacted
(P.L. 117-
Columbia
Budget
Passed
Majority
(P.L. 117-

103)
Request
Request
(H.R. 8294)
Draft
328)
Resident
40.0
20.0
20.0
40.0
40.0
40.0
Tuition
Support
Emergency
25.0
30.0
30.0
30.0
30.0
30.0
Planning and
Security
Costs
DC Courts
257.6
365.1
295.6
295.6
294.0
291.1
Defender
46.0
46.0
24.0
24.0
24.0
24.0a
Services
Court
286.4
—b
281.5
281.5
281.5
285.0
Services and
Offender
Supervision
Agency
The Public
52.6
—b
53.6
53.6
53.6
53.6
Defender
Service
Criminal
2.2
2.5
2.5
2.5
2.5
2.5
Justice
Coordinating
Council
Judicial
0.6
0.6
0.6
0.6
0.6
0.6
Commissions

2023-senate-appropriations-bills.
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.
23 Not all of the funds listed in Table 1 are directed to, or expended by, DC government agencies.
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FY2023
FY2022
FY2023
FY2023
FY2023
Senate
FY2023
Enacted
District of
Presidential
House
Committee
Enacted
(P.L. 117-
Columbia
Budget
Passed
Majority
(P.L. 117-

103)
Request
Request
(H.R. 8294)
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
8.0
8.0
8.0
8.0
8.0
8.0
and Sewer
Authorityc
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,
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-content/uploads/2022/03/
oia_fy2023.pdf; Senate Committee on Appropriations, “Chairman Leahy Releases Fiscal Year 2023 Senate
Appropriations Bil s,” July 28, 2022, https://www.appropriations.senate.gov/news/majority/breaking-chairman-
leahy-releases-fiscal-year-2023-senate-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.
a. 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
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.
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. 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

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.
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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 FY2023 budget request did
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.
117-328 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
government from using federal or local funds to lobby for voting representation in Congress,
including statehood.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:
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
boycott designed to support or defeat legislation pending before Congress or any
State legislature.
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
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. 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 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.28 The House-
passed appropriations bill and the Senate Committee Chair’s draft did not 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.
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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
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 President’s FY2023 budget would continue a provision restricting the use of federal funds 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
enforcement authorities to be inappropriate for such distribution.”30 The House-passed
appropriations bill and the Senate Committee Chair’s draft did not include limiting provisions
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
government from implementing local laws related to the legalization or decriminalization of
schedule I controlled substances, including marijuana.31 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.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.
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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
activity a civil violation subject to a civil fine of $25.34 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.35 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.36
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
substances.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, Marijuana Possession Decriminalization Amendment Act of 2014, July 2014,
https://lims.dccouncil.gov/Legislation/B20-1064
34 Aaron C. Davis, “D.C. Council Votes to Eliminate Jail Time for Marijuana Possession,” Washington Post, March 5,
2014.
35 District of Columbia Council, Legalization of Possession of Minimal Amounts of Marijuana for Personal Use
Initiative of 2014, February 2015, https://lims.dccouncil.gov/Legislation/B20-1064.
36 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.
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

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FY2023 District of Columbia Budget and Appropriations

Some Members of Congress have proposed legislation that would modify the role of Congress in
passing local DC laws. For instance, in the 118th Congress, Delegate Eleanor Holmes Norton
introduced the District of Columbia Legislative Home Rule Act (H.R. 268), which would amend
the DC Home Rule Act by eliminating a 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 selected recent proposed legislation, please see CRS Insight IN11599, District of Columbia
Voting Representation Proposals in the 117th Congress, by Joseph V. Jaroscak.

Author Information

Joseph V. Jaroscak

Analyst in Economic Development Policy

Disclaimer
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under the direction of Congress. Information in a CRS Report should not be relied upon for purposes other
than public understanding of information that has been provided by CRS to Members of Congress in
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copy or otherwise use copyrighted material.

Congressional Research Service
R47319 · VERSION 3 · UPDATED
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