FINANCIAL ASSISTANCE LETTER:
What is the purpose of this FAL?
The purpose of this AL/FAL/OTL is to provide information and guidance on the statutory requirements for Congressional notification (301 notification or the notification) and quarterly Section 301 reporting to the Committees on Appropriations of both Houses of Congress (Appropriation Committees).
(a) The following actions require advanced Congressional notification to the Appropriations Committees in accordance with the guidance provided in this AL/FAL/OTL:
- (1) All multi-year contract, financial assistance or other transaction (OT) agreements and actions (including any modifications where funds are allocated for new programs, projects, or activities not covered by a previous notification) using the budget authority made available in an appropriations act under the heading “Department of Energy – Energy Programs” (see definitions for list of programs) that are not fully funded at time of award regardless of dollar amount; (2) Pending award of a contract action totaling $1 million or more; (3) Provision of nonoperational funding with competition restricted only to Department of Energy National Laboratories (Laboratory calls) totaling $1 million or more; (4) Provision of nonoperational funding directly to a Department of Energy National Laboratory totaling $25 million or more; (5) Announcement of selected applicants for negotiation of competitive financial assistance or other transaction awards totaling $1 million or more; (6) Award of a competitive financial assistance or OT award totaling $1 million or more; 3 (7) Announcement, release, or posting of the funding opportunity announcement, notice of funding opportunity, and/or the annual program notice for formula or block grant programs; (8) Community Project Funding/Congressionally Directed Spending (CPF/CDS) awards totaling $1 million or more; and (9) Financial assistance awards (new, renewal or supplemental) and OT agreements totaling $1 million or more made non-competitively (awarded through the execution of a Determination of Non-Competitive Financial Assistance (DNFA)).
(b) Financial assistance and OT agreements totaling less than $1 million require quarterly Congressional reporting to the Appropriations Committees within 15 calendar days after the end of each quarter. The Office of the Chief Financial Officer will prepare and submit the quarterly Congressional report.