Pub. L. 109-356, tit. I, subtit. A, sec. 102
ADDITIONAL AUTHORITY TO ALLOCATE AMOUNTS IN RESERVE FUNDS.
SEC. 102. ADDITIONAL AUTHORITY TO ALLOCATE AMOUNTS IN RESERVE FUNDS. (a) In General.—Section 450A of the District of Columbia Home Rule Act (sec. 1–204.50A, D.C. Official Code) is amended—(1) by redesignating subsection (c) as subsection (d); and (2) by inserting after subsection (b) the following new subsection: “(c) Additional Authority To Allocate Amounts.—“(1) In general.—Notwithstanding any other provision of this section, in addition to the authority provided under this section to allocate and use amounts from the emergency reserve fund under subsection (a) and the contingency reserve fund under subsection (b), the District of Columbia may allocate amounts from such funds during a fiscal year and use such amounts for cash flow management purposes. “(2) Limits on amount allocated.—“(A) Amount of individual allocation.—The amount of an allocation made from the emergency reserve fund or the contingency reserve fund pursuant to the authority of this subsection may not exceed 50 percent of the balance of the fund involved at the time the allocation is made. “(B) Aggregate amount allocated.—The aggregate amount allocated from the emergency reserve fund or the contingency reserve fund pursuant to the authority of this subsection during a fiscal year may not exceed 50 percent of the balance of the fund involved as of the first day of such fiscal year. “(3) Replenishment.—If the District of Columbia allocates any amounts from a reserve fund pursuant to the authority of this subsection during a fiscal year, the District shall fully replenish the fund for the amounts allocated not later than the earlier of—“(A) the expiration of the 9-month period which begins on the date the allocation is made; or “(B) the last day of the fiscal year. “(4) Effective date.—This subsection shall apply with respect to fiscal years 2006 through 2007.”. (b) Special Rule for Timing of Replenishment After Subsequent Allocation.—(1) Emergency reserve fund.—Section 450A(a)(7) of such Act (sec. 1–204.50A(a)(7), D.C. Official Code) is amended—(A) by striking “(7) Replenishment.—” and inserting the following: 120 STAT. 2022 “(7) Replenishment.—“(A) In general.—The District of Columbia”; and (B) by adding at the end the following new subparagraph: “(B) Special rule for replenishment after allocation for cash flow management.—“(i) In general.—If the District allocates amounts from the emergency reserve fund during a fiscal year for cash flow management purposes pursuant to the authority of subsection (c) and at any time afterwards during the year makes a subsequent allocation from the fund for purposes of this subsection, and if as a result of the subsequent allocation the balance of the fund is reduced to an amount which is less than 50 percent of the balance of the fund as of the first day of the fiscal year, the District shall replenish the fund by such amount as may be required to restore the balance to an amount which is equal to 50 percent of the balance of the fund as of the first day of the fiscal year. “(ii) Deadline.—The District shall carry out any replenishment required under clause (i) as a result of a subsequent allocation described in such clause not later than the expiration of the 60-day period which begins on the date of the subsequent allocation.”. (2) Contingency reserve fund.—Section 450A(b)(6) of such Act (sec. 1–204.50A(b)(6), D.C. Official Code) is amended—(A) by striking “(6) Replenishment.—” and inserting the following: “(6) Replenishment.—“(A) In general.—The District of Columbia”; and (B) by adding at the end the following new subparagraph: “(B) Special rule for replenishment after allocation for cash flow management.—“(i) In general.—If the District allocates amounts from the contingency reserve fund during a fiscal year for cash flow management purposes pursuant to the authority of subsection (c) and at any time afterwards during the year makes a subsequent allocation from the fund for purposes of this subsection, and if as a result of the subsequent allocation the balance of the fund is reduced to an amount which is less than 50 percent of the balance of the fund as of the first day of the fiscal year, the District shall replenish the fund by such amount as may be required to restore the balance to an amount which is equal to 50 percent of the balance of the fund as of the first day of the fiscal year. “(ii) Deadline.—The District shall carry out any replenishment required under clause (i) as a result of a subsequent allocation described in such clause not later than the expiration of the 60-day period which begins on the date of the subsequent allocation.”. 120 STAT. 2023