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B-322147 1 (2011-07-06)

handle is hein.gao/gaobadbwa0001 and id is 1 raw text is: 

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       Accountability * Integrity * Reliability
United States Government Accountability Office
Washington, DC 20548


         B-322147

         July 6, 2011

         The Honorable Ander  Crenshaw
         Chairman
         Subcommittee  on the Legislative Branch
         Committee  on Appropriations
         House  of Representatives

         Subject: Contract for Legal Services

         This responds to your letter dated June 21, 2011, requesting our views with respect to
         a contract entered into by the House Office of General Counsel for the services of
         outside counsel to represent the House Bipartisan Legal Advisory Group' in certain
         matters. Letter from Chairman, House Appropriations Subcommittee on the
         Legislative Branch to General Counsel, GAO (June 21, 2011) (Request Letter).
         Specifically, your letter asked that we address two questions: (1) What obligation did
         the House Office of General Counsel incur when the General Counsel entered into the
         contract, and did the House General Counsel violate the Antideficiency Act when he
         signed the contract? (2) To the extent that the obligation for the contract may
         implicate the availability of funds for other activities and expenses of the House
         Office of General Counsel, may the House exercise its transfer authorities under
         title 2 of the U.S. Code to transfer to the Office of General Counsel appropriations
         adequate to cover its expenses to avoid any potential Antideficiency Act violation?

         For the reasons stated below, based on the information provided, we conclude that
         when  the House General Counsel entered into the contract on April 25, 2011, the
         House  Office of General Counsel incurred an obligation of $500,000 against its
         appropriation for salaries and expenses. The House Chief Administrative Officer has
         advised us that there was an adequate unobligated balance to satisfy the obligation.
         We  conclude, therefore, that the House General Counsel did not violate the
         Antideficiency Act, 31 U.S.C. § 1341(a). In addition, because of the statutory
         authorities to transfer appropriations of the House of Representatives, the House may




         'The Bipartisan Legal Advisory Group is a five-member panel of House Leadership
         consisting of the Speaker of the House, Majority Leader, Majority Whip, Minority
         Leader, and Minority Whip. See Rule II, cl. 8, Rules of the House of Representatives at
         3, 112th Cong. (2011).

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