§ 47–3401.04. Reimbursement to the Treasury.

(a) Reimbursement amount. —

(1) In general. — Except as provided in paragraph (2) of this subsection, on any date on which a reimbursement payment is due to the Treasury under the terms of any advance made under §§ 47-3401 through 47-3401.04, the District shall pay to the Treasury the amount of such reimbursement payment out of taxes and revenue collected for the support of the District government.

(2) Exceptions for transitional advances. —

(A) Advances made before October 1, 1995. —

(i) Financial plan and budget approved. — If the Authority approves a financial plan for the District government before October 1, 1995, the District government may use the proceeds of any advance made under § 47-3401.02 to discharge its obligation to reimburse the Treasury for any advance made under § 47-3401(a).

(ii) Financial plan and budget not approved. — If the Authority has not approved a financial plan and budget for the District government by October 1, 1995, the annual federal payment appropriated to the District government for the fiscal year ending September 30, 1996, shall be withheld and applied to discharge the District government’s obligation to reimburse the Treasury for any advance made under § 47-3401(a).

(B) Advances made on or after October 1, 1995. —

(i) Financial plan and budget approved. — If the Authority approves a financial plan and budget for the District government during fiscal year 1996, the District may use the proceeds of any advance made under § 47-3401.02 to discharge its obligation to reimburse the Treasury for any advance made under § 47-3401(b).

(ii) Financial plan and budget not approved. — If the Authority has not approved a financial plan and budget for the District government by October 1, 1996, the annual federal payment appropriated to the District government for the fiscal year ending September 30, 1997, shall be withheld and applied to discharge the District government’s obligation to reimburse the Treasury for any advance made under § 47-3401(b).

(b) Remedies for failure to reimburse. — If, on any date on which a reimbursement payment is due to the Treasury under the terms of any advance made under this subchapter, the District government does not make such reimbursement payment, the Secretary shall take the actions listed in this subsection.

(1) Withhold federal payments. — The Secretary shall withhold from each grant, entitlement, loan, or other payment to the District government by the Federal Government not dedicated to making entitlement or benefit payments to individuals (including any Federal contribution authorized to be appropriated pursuant to § 47-3406.02(2)), and apply toward reimbursement for the payment not made, an amount that, when added to the amount withheld from each other such grant, entitlement, loan, or other payment, will be equal to the amount needed to fully reimburse the Treasury for the payment not made.

(2) Attach available District revenues. — If, after the Secretary takes the actions described in paragraph (1) of this subsection, the Treasury is not fully reimbursed, the Secretary shall attach any and all revenues of the District government which the Secretary may lawfully attach, and apply toward reimbursement for the payment not made, an amount equal to the amount needed to fully reimburse the Treasury for the payment not made.

(3) Take other actions. — If, after the Secretary takes the actions described in paragraphs (1) and (2) of this subsection, the Treasury is not fully reimbursed, the Secretary shall take any and all other actions permitted by law to recover from the District government the amount needed to fully reimburse the Treasury for the payment not made.

(July 26, 1939, 53 Stat. 1118, ch. 367, title VI, § 604; as added Apr. 17, 1995, 109 Stat. 120, Pub. L. 104-8, § 204(c); enacted, Apr. 9, 1997, D.C. Law 11-254, § 2, 44 DCR 1575; renumbered as § 605, Aug. 5, 1997, 111 Stat. 765, Pub. L. 105-33, §§ 11403(b), 11601(b)(4)(C); Apr. 20, 1999, D.C. Law 12-264, § 52(x), 46 DCR 2118.)

Prior Codifications

1981 Ed., § 47-3401.4.

Cross References

Budget and financial management, existing provisions and procedure and practice preserved, borrowing and spending limitations, see § 1-206.03.

Budget and financial management, suspension of activities upon payment of Authority obligations, see § 47-391.07.

District government, financial plan and budget, control periods described, initiation under certain sections, see § 47-392.09.

District government, financial plan and budget, deposit of annual federal contribution with Authority, exception, see § 47-392.05.

District government, financial plan and budget, restrictions on borrowing during control year, application to certain sections, see § 47-392.04.

District government, financial plan and budget, special rules for Fiscal Year 1996, prohibition against allocation of advances if certification in effect, see § 47-392.08.