About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

LOG IN
LOG IN


B-323792 1 (2013-01-23)

handle is hein.gao/gaobadphy0001 and id is 1 raw text is: L GAO Accountablty *Integrity * Reliability United States Government Accountability Office Washington, DC 20548 B-323792 January 23, 2013 The Honorable Robert Aderholt Chairman Subcommittee on Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Committee on Appropriations House of Representatives The Honorable Jack Kingston House of Representatives Subject: Commodity Futures Trading Commission-Reprogramming Notification This responds to the August 1, 2012 request for our legal opinion regarding whether the Commodity Futures Trading Commission (CFTC) complied with reprogramming notification requirements when it eliminated the positions of two administrative law judges (ALJs) and their associated support staff and terminated one of the ALJs through a reduction-in-force (RIF).' Specifically, section 730 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2012 (Act)2 requires CFTC to notify the appropriations committees prior to obligating or expending funds through a reprogramming to undertake certain enumerated activities. 1 The letter requesting our legal opinion referred to reprogramming requirements of section 712 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2010, as extended to fiscal year 2011 by the Full-Year Continuing Appropriations Act, 2011. See Pub. L. No. 111-80, 123 Stat. 2090, 2120 (Oct. 21, 2009); Pub. L. No. 112-10, div. B, 125 Stat. 38, 102 (Apr. 15, 2011). However, as we developed the factual record for this opinion, we learned that CFTC consummated the RIF in fiscal year 2012. Accordingly, the applicable reprogramming requirement is contained in section 730 of Pub. L. No. 112-55, which imposes substantially similar notification requirements as section 712 of Public Law 111-80. 2 Pub. L. No. 112-55, 125 Stat. 552, 553, 585 (Nov. 18, 2011).