U.S. Secret Service--Statutory Restriction on Availability of Funds Involving Presidential Candidate Nominee Protection
B-319009, Apr 27, 2010
The Department of Homeland Security (DHS) and the United States Secret Service (USSS) violated section 503(b) of the Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, 2009, and the Antideficiency Act when USSS obligated $5.1 million of reprogrammed funds for Presidential Candidate Nominee Protection expenses prior to notifying the House and Senate Appropriations Committees of the reprogramming. Section 503(b) provides that no funds are available through a reprogramming in excess of $5 million unless House and Senate Appropriations Committees are notified 15 days in advance of the reprogramming. USSS experienced a $5.1 million shortfall in Presidential Candidate Nominee Protection, a program, project or activity (PPA) in USSS's appropriation, prior to January 20, 2009, and used amounts from another PPA, National Security Events, to cover the shortfall. However, DHS did not notify Congress of the reprogramming until June 30, 2009, at least five months after the reprogrammed funds were obligated by USSS. Because the reprogrammed amounts were not legally available for obligation until DHS had notified the committees, USSS incurred obligations in excess of available appropriations, violating the Antideficiency Act.