B-308715, Department of Energy--Title XVII Loan Guarantee Program, April 20, 2007

B-308715 Nov 13, 2007 Jump To VIEW DECISION RELATED PAGES GAO CONTACTS Highlights The Antideficiency Act requires agencies to report violations of the Act to Congress and the President and transmit copies of those reports to the Comptroller General at the same time. In an April 20, 2007, opinion to the Subcommittee on Energy and Water Development, House Committee on Appropriations, GAO concluded that DOE violated the Act when it incurred obligations to implement its title XVII loan guarantee program before Congress enacted appropriations for that program. By law, DOE may not use funds to implement or finance a loan guarantee program unless Congress specifically appropriates funds for the program. During fiscal years 2006 and 2007, DOE, without an appropriation for the program, incurred obligations of more than $503,000 for developing and publishing policies and guidance, drafting regulations, issuing a solicitation announcement for pre-applications, staffing and operating a program office, preparing a notice of proposed rulemaking, drafting a charter for the program's Credit Review Board, reviewing pre-applications, and procuring support services. While DOE has indicated to us that it plans to report to Congress in accordance with the OMB Circular, more than 6 months have passed and it has not yet done so. For these reasons, we are writing to advise you of DOE's violation of the Antideficiency Act and its failure to report its violation to Congress and transmit a copy of its report to this Office as required by the Act. View Decision B-131707, OCT. 11, 1957 TO SOUTHERN FLORRES AND ACOUSTICS, INC.: REFERENCE IS MADE TO YOUR LETTER DATED OCTOBER 2, 1957, INDICATING YOUR BELIEF THAT THIS OFFICE WAS NOT SUPPLIED WITH ALL OF THE FACTS AND DATA IN CONNECTION WITH YOUR CLAIM FOR DAMAGES ARISING OUT OF A NOTICE OF AWARD FOR 2572 PLYWOOD PANELS ISSUED BY THE SIGNAL CORPS PROCUREMENT OFFICE ON APRIL 22, 1957, AND REQUESTING THAT THE CLAIM BE REOPENED IN ORDER THAT YOU MAY HAVE AN OPPORTUNITY TO PRESENT FURTHER EVIDENCE. CLAIM SETTLEMENTS ISSUED BY THIS OFFICE WILL BE REOPENED AT ANY TIME UPON THE SUBMISSION OF PREVIOUSLY UNDISCLOSED FACTS. ACCORDINGLY, IF YOU ARE OF THE OPINION THAT ANY PERTINENT FACTS EXIST WHICH WERE NOT CONSIDERED IN SETTLEMENT OF YOUR CLAIM, A STATEMENT OF SUCH FACTS SHOULD BE FORWARDED TO THIS OFFICE AT YOUR EARLIEST CONVENIENCE. IT SHOULD BE NOTED, HOWEVER, THAT CLAIM SETTLEMENTS BY THIS OFFICE ARE BASED EXCLUSIVELY UPON THE WRITTEN RECORD AND NECESSARILY INVOLVE AN INITIAL DETERMINATION AS TO WHETHER A LEGALLY ENFORCEABLE OBLIGATION AGAINST THE UNITED STATES EXISTS. ACCORDINGLY, IT IS SUGGESTED THAT ANY ADDITIONAL INFORMATION WHICH YOU MAY CARE TO SUBMIT IN THIS MATTER INCLUDE, OR BE ACCOMPANIED BY, A WRITTEN STATEMENT SETTING FORTH THE PRINCIPLES OR PRECEDENTS UNDER WHICH A LEGAL LIABILITY ARISES UPON THE PART OF THE UNITED STATES TO PAY THE REMAINING PORTION OF YOUR CLAIM. Read more Request File GAO Contacts Shirley A. Jones Managing Associate General Counsel Office of the General Counsel jonessa@gao.gov Media Inquiries Sarah Kaczmarek Managing Director Office of Public Affairs media@gao.gov Public Inquiries Contact Us Related Pages Related Appropriations Law Related Bid Protests Related Decisions & FAQs Related The Red Book Related Contract Appeals Board Related Federal Vacancies Reform Act Related Congressional Review Act