Use of GAO's Appropriations to Pay D.C. Water's Impervious Surface Area

GAO evaluated two charges to GAO that were contained in the District of Columbia (District) Water and Sewer Authority's (D.C. Water) fiscal year 2011 billing for federal customers for water and sewer services (D.C. Water FY 2011 Bill). The impervious surface area charge assessed by D.C. Water was a valid sewer rate payable from GAO's appropriations. However, the District of Columbia's stormwater fee, which is collected by D.C. Water for the District Department of the Environment, is a tax for which Congress has not yet legislated a waiver of sovereign immunity. Consequently, GAO's appropriated funds were not available to pay the District stormwater fee.

GAO asked the Department of Treasury not to make a payment from GAO's appropriations for the stormwater fee itemized on the D.C. Water fiscal year 2011 bill.