GAO Authority To Rule That Federal Regulatory Agencies May Use Their Appropriations To Reimburse Some Intervenors for the Costs of Their Interventions

GAO was asked to provide comments on views expressed by a congressional constituent who questioned GAO’s authority to rule that Federal regulatory agencies may use their appropriations to reimburse such intervenors as “self-designated consumer advocate groups” for the costs of their intervention. GAO determined that its authority to render decisions concerning the expenditure of appropriated funds is found chiefly in the Budget and Accounting Act, 1921.As a result, GAO has rendered a number of decisions as to the availability of appropriated funds to assist certain parties under certain limited circumstances to participate in regulatory agency rulemaking and adjudicatory proceedings.