(a) For the purposes of this section, the term:
(1) “Chief Financial Officer” means the Chief Financial Officer of the District of Columbia established pursuant to § 1-204.24(a)(1).
(2) “District of Columbia payment” means a payment by the District of Columbia to a person, including tax refunds, vendor and contractor payments, and expense reimbursements to an employee of the District of Columbia. The term “District of Columbia payment” shall not include salary, wages, or pension payments.
(3) “Federal official” means a unit or official of the federal government charged with the collection of nontax liabilities payable to the federal government and with the authority to enter into the offset agreement.
(4) “Offset agreement” means an agreement authorized by this section.
(5) “Person” means an individual, vendor, contractor, partnership, society, association, joint stock company, limited liability company, corporation, estate, receiver, trustee, assignee, and any other person acting in a fiduciary or representative capacity whether appointed by a court or otherwise, or a combination of the foregoing.
(b) The Mayor may enter into an agreement with the United States Secretary of the Treasury to participate in the Treasury Offset Program. The offset agreement may provide for the collection of any delinquent debt owed to the District of Columbia from federal payments payable to the debtor. The offset agreement may also provide for the United States to submit requests to the District for delinquent nontax debts owed to federal agencies to be offset against District of Columbia payments.
(c) The Mayor may authorize the Chief Financial Officer to reduce a District of Columbia payment by the amount of any federal nontax debt amount requested by the United States to be offset by the District in accordance with the offset agreement.
(d) The offset agreement may provide for the United States or the District to charge a fee for an offset implemented by either party and that the offset fee may be deducted from amounts remitted to the District of Columbia by the federal government. The amount of an offset fee charged by the United States shall be added to the nontax debt amount owed the District by the debtor and shall be considered an additional debt of the debtor, which shall be subject to offset. The amount of an offset fee charged by the District shall be deposited in the General Fund of the District of Columbia.
(e) The offset agreement may provide that a federal official may:
(1) Certify to the Mayor the existence of a delinquent nontax debt owed by a person to the federal government by providing:
(A) The full name of the person;
(B) The social security number or federal tax identification number of the person;
(C) The amount of the delinquent nontax debt owed by the person to the federal government; and
(D) Any other information required pursuant to the agreement; and
(2) Request the Mayor to authorize the Chief Financial Officer to withhold a District of Columbia payment to which the person is otherwise entitled.
(f) After receiving a certified offset request from a federal official, the Mayor may (or shall, if required by the offset agreement):
(1) Determine if a person for whom the offset request is received is due a District of Columbia payment;
(2) Authorize the Chief Financial Officer to withhold a District of Columbia payment that is otherwise due to the person for whom an offset request has been received;
(3) Authorize the Chief Financial Officer to pay to the federal official the lesser of:
(A) The entire District of Columbia payment, less any offset fee authorized by the offset agreement; or
(B) The amount certified, less any offset fee authorized by the agreement; and
(4) Notify the person of the amount withheld.
(g) The Mayor may:
(1) Certify to a federal official a delinquent debt owed by a person to the District by providing to the federal official:
(A) The name and address of the person and any other names known to be used by the person;
(B) The social security number or tax identification number of the person;
(C) The amount of the delinquent debt due to the District of Columbia by the person;
(D) A statement that the debt is past due and legally enforceable in the amount certified; and
(E) Any other information required by the offset agreement; and
(2) Request that the federal official withhold any federal payment to which the person is otherwise entitled and pay to the District the amount of debt certified.”.
CREDIT(S)
(Apr. 8, 2011, D.C. Law 18-370, § 702(b), 58 DCR 1008.)
HISTORICAL AND STATUTORY NOTES
Emergency Act Amendments
For temporary (90 day) addition of § 47-143, see § 702(b) of Fiscal Year 2011 Supplemental Budget Support Emergency Act of 2010 (D.C. Act 18-694, January 19, 2011, 58 DCR 662).
Legislative History of Laws
Law 18-370, the “Fiscal Year 2011 Supplemental Budget Support Act of 2010”, was introduced in Council and assigned Bill No. 18-1100, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on December 7, 2010, and December 21, 2010, respectively. Signed by the Mayor on January 27, 2011, it was assigned Act No. 18-721 and transmitted to both Houses of Congress for its review. D.C. Law 18-370 became effective on April 8, 2011.
Miscellaneous Notes
Short title: Section 701 of D.C. Law 18-370 provided that subtitle A of title VII of the act may be cited as “Reciprocal State-Federal Offset Act of 2010”.