Availability of Department of Energy

B-274576 Jan 13, 1997 Jump To VIEW DECISION RELATED PAGES GAO CONTACTS Highlights DOE's authority to use a portion of its "Departmental Administration" appropriation for R&R activities is coextensive with. The R&R authority is not time limited to the first year of the "Departmental Administration" appropriation. The DOE Inspector General's Office (OIG) determined that DOE incurred costs during fiscal years 1993 through 1995 that should have been charged to appropriations available for R&R activities. Annual appropriation acts for DOE have made a portion of the no year "Departmental Administration" appropriation available for R&R activities. The IG questions the time period during which the R&R authority is available for obligation. The IG has asked "whether the Department's Reception and Representation funds are 'no year' funds. View Decision Matter of: Availability of Department of Energy Reception and Representation Funds File: B-274576 Date: January 13, 1997 Congress annually appropriates to the Department of Energy an amount for "Departmental Administration" that remains available until expended. Each year Congress authorizes the Department to use a specified, "not to exceed" portion of its "Departmental Administration" appropriation for official reception and representation (R&R) activities. DOE's authority to use a portion of its "Departmental Administration" appropriation for R&R activities is coextensive with, and inseparable from, the period of availability of the amount annually appropriated for "Departmental Administration". Thus, to the extent the Department does not use all the R&R authority (and all the "Departmental Administrations" appropriation) provided each year, it continues to remain available for obligation in succeeding years. DECISION The Inspector General (IG), Department of Energy (DOE) asks whether DOE may use no year "Departmental Administration" appropriations for official reception and representation (R&R) activities only during the first year of their availability or may DOE use unobligated amounts of R&R authority for activities after the end of the fiscal year of the appropriation act appropriating the no year funds. The R&R authority is not time limited to the first year of the "Departmental Administration" appropriation. Accordingly, DOE may use any unused R&R authority in subsequent years to the extent described below. Background As a result of an investigation of overseas travel by the Secretary and other DOE officials, the DOE Inspector General's Office (OIG) determined that DOE incurred costs during fiscal years 1993 through 1995 that should have been charged to appropriations available for R&R activities. Annual appropriation acts for DOE have made a portion of the no year "Departmental Administration" appropriation available for R&R activities. However, the IG questions the time period during which the R&R authority is available for obligation. The IG considers the R&R authority as available only for the first year of each new "Departmental Administration" appropriation. For example, the IG considers the no year funds appropriated by the fiscal year 1997 appropriation act as being available for R&R activities only during fiscal year 1997. The General Counsel considers the R&R authority to continue as long as the amounts appropriated each year for "Departmental Administration" remain available for obligation. [1] To resolve this issue, the IG has asked "whether the Department's Reception and Representation funds are 'no year' funds, available until expended, or whether the annual expenditures are limited by the stated appropriation act amount." The Energy and Water Development Appropriations Act, 1997, making appropriations for "Departmental Administration", provides as follows: "For salaries and expenses of the Department of Energy necessary for Departmental Administration and other activities in carrying out the purposes of the Department of Energy Organization Act...including official reception and representation expenses (not to exceed $35,000), $215,021,000, to remain available until expended...." [2] Similar language appears in past years appropriations acts. [3] As noted above, the IG takes the view that the authority to use a portion of the no year amount appropriated each year for "Departmental Administration" for R&R activities ceases to be available for R&R activities after the first fiscal year of the appropriation. The IG bases this view on DOE's past practice. An explanation of DOE's practice appears in the legislative history of the Energy and Water Development Appropriation Act, 1991.