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B-319734 1 (2010-07-26)

handle is hein.gao/gaobadbka0001 and id is 1 raw text is: 




         G     A    0                                                 Comptroller General
       Accountability * Integrity * Reliability                       of the United States
United States Government Accountability Office
Washington, DC 20548


             D  ..
         Decision


         Matter  of:  Consumer Product Safety Commission-Period  of Availability and
                      Permissible Uses of Grant Program Appropriations

         File:        B-319734

         Date:       July 26, 2010

         DIGEST

         The fiscal year 2009 salaries and expenses appropriation for the Consumer Product
         Safety Commission (CPSC) made  $2 million available until the end of fiscal year 2010
         specifically for a grant program established by the Virginia Graeme Baker Pool and
         Spa Safety Act (Safety Act). The Safety Act authorized appropriations for the
         program to remain available until expended. We found that the $2 million
         appropriation is available for obligation for the expenses of this program only until
         September 30, 2010, as expressly stated in the appropriation act. In addition, the
         appropriation act requires that these funds be used solely for the Safety Act grant
         program, and thus funds are not available for any other CPSC programs or activities.


         DECISION

         This responds to a request for decision from the General Counsel of the U.S.
         Consumer  Product Safety Commission (CPSC) on the period of availability of
         appropriations made to CPSC in the Omnibus Appropriations Act, 2009,
         Pub. L. No. 111-8, 123 Stat. 524, 656 (Mar. 11, 2009), to carry out a CPSC grant
         program authorized under the Virginia Graeme Baker Pool and Spa Safety Act
         (Safety Act), Pub. L. No. 110-140, title XIV, 121 Stat. 1492, 1794 (Dec. 19, 2007),
         codified at 15 U.S.C. §§ 8001--8007, and the purposes for which those funds
         may be used. Letter from General Counsel, CPSC, to Acting General Counsel,
         GAO,  May 6, 2010 (Request Letter).

         In CPSC's fiscal year 2009 Salaries and Expenses appropriations, Congress
         provided that $2 million would be available until September 30, 2010, for the
         Safety Act grant program. In 2007, in the Safety Act, Congress had authorized
         the $2 million appropriation; however, Congress had also authorized CPSC to
         retain unexpended and unobligated balances at the end of fiscal year 2010 for

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