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B-159687 1 (1978-05-17)

handle is hein.gao/gaobachll0001 and id is 1 raw text is: COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON, D.C. IZ14a B-159687 MAY 17 1978 The Honorable James A. MeClure United States Senate Dear Senator McClure: We refer to your letter of May 5, 1978, on behalf of the Minority Members of the Senate Committee on -Energy and Natural Resources, requesting a ruling from this Office on the legality of the Department of Energy's construction of the tatutory language contained in sec- tion 201 of Pub. L. No. 95-2381' February 25, 1978, Department of Energy Act of 1978 - Civilian Applications - which would add a new sectio- in to title I of the Energy Reorganization Act of 1974, 42 U. S. C. 5 5811lSupp. V, 1975). Of particular concern is proposed new sub- section 111(h). Subsection 111(h) provides as follows: (h) 'When so specified in appropriation Acts, any moneys received by the Administration may be retained and used for operating expenses, and may remain available until expended, notwithstanding the provisions of section 3617 of the Revised Statutes (31 U. S. C, 484): except that-- (I) this subsection shall not apply with respect to sums received from disposal of property under the Atomic Energy Community Act of 1955 or the Strategic and Critical Materials Stockpiling Act, as amended, or with respect to fees received for tests or investi- gations under the Act of May 16, 1910, as amended (42 U.S.C. 2301; 50 U. S.C. 98h; 30 U. S.C. 7); and (2) revenues received by the Administration from the enrichment of uranium shall (when so specified) be retained and used for the specific pur- pose of offsetting costs incurred by the Administra- tion in providing uranium enrichment service activities. According to an excerpt from a letter to you, dated April 28, 1978, from a Department of Energy spokesman, which you provided to us, the Department of Energy (DOE) has interpreted the above-quoted provision as imposing a mandatory requirement that revenues from

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