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B-303964 1 (2005-02-03)

handle is hein.gao/gaocrptarao0001 and id is 1 raw text is: SGAO Accountability * Integrity * Reliability United States Government Accountability Office Washington, DC 20548 B-303964 February 3, 2005 The Honorable Jack Kingston. Chairman Subcommittee on Legislative Branch Committee on Appropriations House of Representatives Subject: Capitol Police-Use of Emergency Response Fund for Overtime Pay Dear Mr. Chairman: This responds to your request for our legal opinion regarding the United States Capitol Police's authority to use the Emergency Response Fund' (hereinafter ERF) and the Legislative Branch Emergency Response Fund2 (hereinafter Legislative Branch ERF) to fund overtime expenses attributable to the Security Traffic Checkpoint Program. Specifically, you asked four questions: (1) does the Chief of the U.S. Capitol Police have the authority to declare an emergency that permits obligating ERF monies; (2) does the Chief of the U.S. Capitol Police have the authority to use ERF monies for purposes other than those specifically approved in the appropriations process; (3) is the ERF available to the Capitol Police to pay the overtime pay of officers who man the security checkpoints erected in August in response to the elevation of the security threat to Code Orange; and (4) if the ERF is not available to pay overtime of officers who man the security checkpoints erected in August, has the Capitol Police violated the Antideficiency Act?4 To respond to your request, we wrote to the Capitol Police requesting factual information and its legal justification for its authority to use the ERF and the 1 Pub. L. No. 107-38, 115 Stat. 220 (Sept. 18, 2001). Pub. L. No. 107-117, ch. 9, 115 Stat. 2230, 2315 (Jan. 10, 2002). Although you asked about the Capitol Police's use of the Legislative Branch ERF, the Capitol Police explained that it paid all overtime costs for the Security Traffic Checkpoint Program from the ERF, not the Legislative Branch ERF. This opinion addresses the Capitol Police's use of the ERF. 31 U.S.C. § 1341(a).

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