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AN ACT
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IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
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To adopt, as a request to Congress for appropriation and authorization, the federal portion of the
budget of the government of the District of Columbia for the fiscal year ending
September 30, 2022.
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
act may be cited as the Fiscal Year 2022 Federal Portion Budget Request Act of 2021.
Sec. 2. Adoption of the federal portion of the Fiscal Year 2022 budget.
There is adopted, as a request to Congress for appropriation and authorization, the
following federal portion of the budget of the government of the District of Columbia for the
fiscal year ending September 30, 2022.
DISTRICT OF COLUMBIA FEDERAL FUNDS APPROPRIATION REQUEST
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA COURTS
For salaries and expenses for the District of Columbia Courts, $357,804,000 to be
allocated as follows: for the District of Columbia Court of Appeals, $14,910,000, of which not to
exceed $2,500 is for official reception and representation expenses; for the Superior Court of the
District of Columbia, $137,050,000, of which not to exceed $2,500 is for official reception and
representation expenses; for the District of Columbia Court System, $85,614,000, of which not
to exceed $2,500 is for official reception and representation expenses; and $120,230,000, to
remain available until September 30, 2023, for capital improvements for District of Columbia
courthouse facilities; Provided, That funds made available for capital improvements shall be
expended consistent with the District of Columbia Courts master plan study and facilities
condition assessment; Provided further, That, in addition to the amounts appropriated herein,
fees received by the District of Columbia Courts for administering bar examinations and
processing District of Columbia bar admissions may be retained and credited to this
appropriation, to remain available until expended, for salaries and expenses associated with such
activities, notwithstanding section 450 of the District of Columbia Home Rule Act (section 1-
204.50, D.C. Official Code); Provided further, That notwithstanding any other provision of law,
all amounts under this heading shall be apportioned quarterly by the Office of Management and
Budget and obligated and expended in the same manner as funds appropriated for salaries and
expenses of Federal agencies; Provided further, That 30 days after providing written notice to the
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Committees on Appropriations of the House of Representatives and the Senate, the District of
Columbia Courts may reallocate not more than $9,000,000 of the funds provided under this
heading among the items and entities funded under this heading; Provided further, That the Joint
Committee on Judicial Administration in the District of Columbia may, by regulation, establish a
program substantially similar to the program set forth in subchapter II of chapter 35 of title 5,
United States Code, for employees of the District of Columbia Courts.
FEDERAL PAYMENT FOR DEFENDER SERVICES IN DISTRICT OF COLUMBIA COURTS
For payments authorized under section 11-2604 and section 11-2605, D.C. Official Code
(relating to representation provided under the District of Columbia Criminal Justice Act),
payments for counsel appointed in proceedings in the Family Court of the Superior Court of the
District of Columbia under chapter 23 of title 16, D.C. Official Code, or pursuant to contractual
agreements to provide guardian ad litem representation, training, technical assistance, and such
other services as are necessary to improve the quality of guardian ad litem representation,
payments for counsel appointed in adoption proceedings under chapter 3 of title 16, D.C .
Official Code, and payments authorized under section 21-2060, D.C. Official Code (relating to
services provided under the District of Columbia Guardianship, Protective Proceedings, and
Durable Power of Attorney Act of 1986), $46,005,000, to remain available until expended;
Provided, That funds provided under this heading shall be administered by the Joint Committee
on Judicial Administration in the District of Columbia; Provided further, That, notwithstanding
any other provision of law, this appropriation shall be apportioned quarterly by the Office of
Management and Budget and obligated and expended in the same manner as funds appropriated
for expenses of Federal agencies.
FEDERAL PAYMENT FOR RESIDENT TUITION SUPPORT
For a Federal payment to the District of Columbia, to be deposited into a dedicated
account, for a nationwide program to be administered by the Mayor, for District of Columbia
resident tuition support, $40,000,000, to remain available until expended; Provided, That such
funds, including any interest accrued thereon, may be used on behalf of eligible District of
Columbia residents to pay an amount based upon the difference between in-State and outof-
State tuition at public institutions of higher education, or to pay up to $2,500 each year at eligible
private institutions of higher education; Provided further, That the awarding of such funds may
be prioritized on the basis of a residents academic merit, the income and need of eligible
students, and such other factors as may be authorized; Provided further, That the District of
Columbia government shall maintain a dedicated account for the Resident Tuition Support
Program that shall consist of the Federal funds appropriated to the Program in this Act and any
subsequent appropriations, any unobligated balances from prior fiscal years, and any interest
earned in this or any fiscal year; Provided further, That the account shall be under the control of
the District of Columbia Chief Financial Officer, who shall use those funds solely for the
purposes of carrying out the Resident Tuition Support Program; Provided further, That the Office
of the Chief Financial Officer shall provide a quarterly financial report to the Committees on
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Appropriations of the House of Representatives and the Senate for these funds showing, by
object class, the expenditures made, and the purpose therefor.
FEDERAL PAYMENT FOR SCHOOL IMPROVEMENT
For a Federal payment for a school improvement program in the District of Columbia,
$52,500,000, to remain available until expended, for payments authorized under the Scholarship
for Opportunity and Results Act (division C of Public Law 112-10), as amended; Provided, That,
to the extent that funds are available for opportunity scholarships and following the priorities
included in section 3006 of such Act, the Secretary of Education shall make scholarships
available to students eligible under section 3013(3) of such Act, including students who were not
offered a scholarship during any previous school year; Provided further, That within funds
provided for opportunity scholarships up to $1,200,000 shall be for the activities specified in
sections 3007(b) through 3007(d) of the Act and up to $500,000 shall be for the activities
specified in section 3009 of the Act; Provided further, That none of the funds made available
under this heading may be used for an opportunity scholarship for a student to attend a school
which does not certify to the Secretary of Education that the student will be provided with the
same protections under the Federal laws which are enforced by the Office for Civil Rights of the
Department of Education which are provided to a student of a public elementary or secondary
school in the District of Columbia and which does not certify to the Secretary of Education that
the student and the students parents will be provided with the same services, rights, and
protections under the Individuals With Disabilities Education Act (20 U.S.C. 1400 et seq.) which
are provided to a student and a students parents of a public elementary or secondary school in
the District of Columbia, as enumerated in Table 2 of Government Accountability Office Report
18-94 (entitled Federal Actions Needed to Ensure Parents Are Notified About Changes in
Rights for Students with Disabilities), issued November 2017.
FEDERAL PAYMENT TO THE CRIMINAL JUSTICE COORDINATING COUNCIL
For a Federal payment to the Criminal Justice Coordinating Council, $2,150,000, to
remain available until expended, to support initiatives related to the coordination of Federal and
local criminal justice resources in the District of Columbia.
FEDERAL PAYMENT FOR JUDICIAL COMMISSIONS
For a Federal payment, to remain available until September 30, 2023, to the Commission
on Judicial Disabilities and Tenure, $330,000, and for the Judicial Nomination Commission,
$300,000.
FEDERAL PAYMENT FOR THE DISTRICT OF COLUMBIA NATIONAL GUARD
For a Federal payment to the District of Columbia National Guard, $600,000, to remain
available until expended for the Major General David F. Wherley, Jr. District of Columbia
National Guard Retention and College Access Program.
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FEDERAL PAYMENT FOR TESTING AND TREATMENT OF HIV/AIDS
For a Federal payment to the District of Columbia for the testing of individuals for, and
the treatment of individuals with, human immunodeficiency virus and acquired
immunodeficiency syndrome in the District of Columbia, $5,000,000.
FEDERAL PAYMENT FOR EMERGENCY PLANNING AND SECURITY COSTS
IN THE DISTRICT OF COLUMBIA
For a Federal payment of necessary expenses, as determined by the Mayor of the District
of Columbia in written consultation with the elected county or city officials of surrounding
jurisdictions, $25,000,000, to remain available until expended, for the costs of providing public
safety at events related to the presence of the National Capital in the District of Columbia,
including support requested by the Director of the United States Secret Service in carrying out
protective duties under the direction of the Secretary of Homeland Security, and for the costs of
providing support to respond to immediate and specific terrorist threats or attacks in the District
of Columbia or surrounding jurisdictions.
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA WATER AND SEWER AUTHORITY
For a Federal payment to the District of Columbia Water and Sewer Authority,
$8,000,000, to remain available until expended, to continue implementation of the Combined
Sewer Overflow Long-Term Control Plan; Provided, that the District of Columbia Water and
Sewer Authority provides a 100 percent match for this payment.
Sec. 3. Compensation of the Chief Financial Officer.
(a) Section 424(b)(2)(E) of the District of Columbia Home Rule Act, approved April 17,
1995 (109 Stat. 142; D.C. Official Code 1-204.24b(b)(5)), is amended to read as follows:
(E) PAY.The Chief Financial Officer shall be paid at the greater of:
(i) A rate such that the total amount of compensation paid during
any calendar year is equal to the limit on total pay which is applicable during the year under
section 5307 of title 5, United States Code, to an employee described in section 5307(d) of such
title; or
(ii) A rate established in law by the District of Columbia;
provided, that any rate established pursuant to this clause which is applicable to any individual
serving as the Chief Financial Officer shall not be reduced during any period of that individuals
service as Chief Financial Officer..
Sec. 4. Contingency cash.
(a) No funds in excess of $500,000 shall be obligated or expended from the Contingency
Cash Reserve Fund established by section 450A(b) of the District of Columbia Home Rule Act,
approved November 22, 2000 (114 Stat. 2440; D.C. Official Code 1-204.50a(b)), unless such
expenditures have been approved by the Council by resolution.
(b) The Contingency Cash Reserve Transparency Amendment Act of 2008, enacted on
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January 29, 2008 (D.C. Act 17-278; 55 DCR 1530), is enacted into law.
Sec. 5. Notwithstanding any other law, the following sales shall be subject to the sales
and use taxes of the District of Columbia:
(1) Sales at gift shops, souvenir shops, kiosks, convenience stores, food shops,
cafeterias, restaurants, and similar establishments in federal buildings, including memorials and
museums, in the District of Columbia that make sales to:
(A) The general public, if operated by the federal government, an agent of
the federal government, or a contractor; and
(B) Other than the general public, if operated by an agent of the federal
government or a contractor; and
(2) Sales of goods and services by a government-sponsored enterprise or
corporation, institution, or organization established by federal statute or regulation (federal
enterprise or organization), including the Smithsonian Institution, National Gallery of Art,
National Building Museum, Federal National Mortgage Association, and Federal Home Loan
Mortgage Corporation, if the federal enterprise or organization is otherwise exempt from such
taxation, to the extent such sales otherwise would be subject to the sales and use taxes of the
District of Columbia if the federal enterprise or organization were organized as a nonprofit
corporation established pursuant to Chapter 4 of Title 29 of the District of Columbia Official
Code, and exempt from federal income taxation pursuant to section 501(c)(3) of the Internal
Revenue Code of 1954, approved August 16, 1954 (68A Stat. 163; 26 U.S.C. 501(c)(3)).
Sec. 6. Federal portion of the budget.
The federal funds for which appropriation by Congress is requested by this act constitute
the federal portion of the Fiscal Year 2022 annual budget for the District of Columbia
government under section 446(a) of the District of Columbia Home Rule Act, approved
December 24, 1973 (87 Stat. 801; D.C. Official Code 1-204.46(a)).
Sec.7. Fiscal impact statement.
The Council adopts the fiscal impact statement of the Chief Financial Officer as the fiscal
impact statement required by section 4a of the General Legislative Procedures Act of 1975,
approved October 16, 2006 (120 Stat. 2038; D.C. Official Code l-30l.47a).
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Sec. 8. Effective date.
This act shall take effect as provided in section 446 of the District of Columbia Home
Rule Act, approved December 24, 1973 (87 Stat. 801; D.C. Official Code 1-204.46).
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Chairman
Council of the District of Columbia
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Mayor
District of Columbia
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