Consolidated Appropriations Act, 2008--Incorporation by Reference, February 25, 2008

B-316010 Feb 25, 2008 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights In a letter dated January 30, 2008, you requested our opinion on the legal effect of seven appropriations provisions in the Consolidated Appropriations Act, 2008, Pub. L. No. 110-161, 121 Stat. 1844 (Dec. 26, 2007). The seven provisions at issue incorporate by reference an explanatory statement of the House Committee on Appropriations that was printed in the Congressional Record on December 17, 2007. You asked whether the agencies' use of the appropriations enacted in the seven provisions must comply with the referenced allocations contained in the explanatory statement. View Decision B-316010, Consolidated Appropriations Act, 2008--Incorporation by Reference, February 25, 2008 B-316010 February 25, 2008 The Honorable Robert C. Byrd Chairman Committee on Appropriations United States Senate The Honorable Thad Cochran Ranking Minority Member Committee on Appropriations United States Senate Subject: Consolidated Appropriations Act, 2008—Incorporation by Reference In a letter dated January 30, 2008, you requested our opinion on the legal effect of seven appropriations provisions in the Consolidated Appropriations Act, 2008, Pub. L. No. 110-161, 121 Stat. 1844 (Dec. 26, 2007). The seven provisions at issue incorporate by reference an explanatory statement of the House Committee on Appropriations that was printed in the Congressional Record on December 17, 2007. You asked whether the agencies' use of the appropriations enacted in the seven provisions must comply with the referenced allocations contained in the explanatory statement.[1] For the reasons stated below, we conclude that each of these provisions binds the agency's use of the enacted appropriation to the referenced allocations contained within the explanatory statement. Thus, the affected agencies are required to obligate and expend the appropriations in accordance with the referenced provisions of the explanatory statement. BACKGROUND The Consolidated Appropriations Act, 2008 (Act) contained 11 regular appropriations acts and emergency military funding. Pub. L. No. 110-161. No conference report accompanied the Act; the two houses of Congress reached final agreement with an exchange of amendments. Library of Congress, Congressional Research Service, Consolidated Appropriations Act for FY2008: Brief Overview, No. RL34298 (Jan. 4, 2008). Congress presented the Act to the President on December 24, 2007, and the President signed the Act into law on December 26, 2007. Although Congress convened no conference committee, section 4 of the Act, which applies to the entire Consolidated Appropriations Act, states that an explanatory statement printed in the Congressional Record on December 17, 2007, by the Chairman of the House Committee on Appropriations should be considered as if it were a joint explanatory statement of a conference committee. Section 6 contains the appropriations for each of the 11 regular appropriations acts, indicated by divisions A--K. You requested our opinion on the legal effect of the following seven provisions, all of which include legislative language incorporating by reference amount allocations, and in some cases terms and conditions, from the explanatory statement: Under the heading Department of Health and Human Services/Health Resources and Services Administration/Health Resources and Services in division G: –For carrying out [certain laws] . . . $6,978,099,000, of which $309,889,000 shall be available for construction and renovation (including equipment) of health care and other facilities and other health-related activities specified in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act) . . .— Pub. L. No. 110-161, sect. 6, div. G, title 2, 121 Stat. at 2169. Under the heading Department of Education/Higher Education in division G: –For carrying out, to the extent not otherwise provided, [certain laws] . . . $2,057,801,000 . . . Provided further, that $100,668,000 of the funds for part B of title VII of the Higher Education Act of 1965 shall be available for the projects and in the amounts specified in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act) . . .— Pub. L. No. 110--161, sect. 6, div. G, title 3, 121 Stat. at 2196. Under the heading Institute of Museum and Library Services/Office of Museum and Library Services/Grants and Administration in division G: –For carrying out the Museum and Library Services Act of 1996 and the National Museum of African American History and Culture Act, $268,193,000, of which $18,610,000 shall be available for library, museum and related projects and in the amounts specified in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act) . . .— Pub. L. No. 110-161, sect. 6, div. G, title 4, 121 Stat.