Page:United States Statutes at Large Volume 111 Part 1.djvu/790

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Ill STAT. 766 PUBLIC LAW 105-33 —AUG. 5, 1997 Certification. "(B) a schedule setting out the anticipated timing and amounts of requisitions for advances under this section; "(4) the Authority certifies to the Secretary that— "(A) there is an approved financial plan and budget in effect under the District of Columbia Financial Responsibility and Management Assistance Act of 1995 for the fiscal year in which the requisition is to be made; "(B) at the time that the Mayor's requisition for an advance is delivered to the Secretary, the District government is in compliance with the approved financial plan and budget; "(C) both the receipt of funds from such advance and the reimbursement of Treasury for such advance are consistent with the approved financial plan and budget for the year; "(D) such advance will not adversely affect the financial stability of the District government; and "(E) at the time that the Mayor's requisition for an advance is delivered to the Secretary, the District government is effectively unable to obtain credit in the public credit markets or elsewhere in sufficient amounts and on sufficiently reasonable terms to meet the District government's need for financing to accomplish the purpose described in subsection (a); "(5) the Inspector General of the District of Columbia certifies to the Secretary the information described in subparagraphs (A) through (D) of paragraph (4), and in making this certification, the Inspector General may rely upon an audit conducted by an outside auditor engaged by the Inspector General under section 208(a)(4) of the District of Columbia Procurement Practices Act of 1985 if, after reasonable inquiry, the Inspector General concurs in the findings of such audit; "(6) the Secretary determines that— "(A) there is reasonable assurance of reimbursement for the requisitioned advance; and "(B) the debt owed by the District government to the Treasury on account of the requisitioned advance will not be subordinate to any other debt owed by the District or to any other claims against the District; and "(7) the Secretary receives from such persons as the Secretary determines to be appropriate such additional certifications and opinions relating to such matters as the Secretary determines to be appropriate. "(c) AMOUNT OF ANY INTERMEDIATE-TERM ADVANCE.— "(1) IN GENERAL. —Except as provided in paragraph (3), if the conditions in paragraph (2) are satisfied, each advance made under this section shall be in the amount designated by the Mayor in the Mayor's requisition for such advance. "(2) CONDITIONS APPLICABLE TO DESIGNATED AMOUNT. — Paragraph (1) applies if— "(A) the Mayor certifies that the amount designated in the Mayor's requisition for such advance is needed to accomplish the purpose described in subsection (a) within 30 days of the time that the Mayor's requisition is delivered to the Secretary; and "(B) the Authority concurs in the Mayor's certification under subparagraph (A).