Election Assistance Commission--Obligation of Fiscal Year 2004 Requirements Payments Appropriation
B-318831, Apr 28, 2010
Election Assistance Commission (EAC) violated the purpose statute, 31 U.S.C. 1301(a), when it obligated certain grant programs to its fiscal year 2004 requirements payments appropriation. EAC used its requirements payments appropriation because of language in a conference report and the Office of Management and Budget apportionment. The plain language of the appropriation, however, was clear that the appropriation was legally available only for requirements payments. To correct its purpose violation, EAC should adjust its accounts and charge its grant obligations to its salaries and expenses appropriation, which is available "for necessary expenses to carry out [HAVA]." Given the passage of time, however, EAC commissioners may wish to seek and obtain congressional ratification of its improper grant expenditures.