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B-254086 1 (1994-05-02)

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Comptroller General
of the United States
Washlngon. D.C. 20548


B-254086

May 2, 1994

The Honorable Robert L. Livingston
House of Representatives

Dear Mr. Livingston:

This responds to your letter of July 6, 1993, asking us to
determine whether the Department of Defense's (DOD)
submission of its Data Center Consolidation (DDCC) plan to
the Base Realignment and Closure (BRAC) Commission violated
the funding and reporting requirements of section 9047 of
the DOD Appropriations Act for fiscal year (FY) 1993. The
conference committee for DOD's FY 1994 appropriations has
also directed the Comptroller General to provide such an
analysis.

Specifically, you question whether DOD's submission of the
plan to the BRAC Commission and related actions constituted
an implementation of a consolidation plan, which section
9047 prohibited until 60 days after a report was submitted
to the appropriations committees.'

As explained below, we do not believe that the submission of
the DDCC plan, or the related actions, violated section
9047, because they did not constitute the implementation of
a consolidation plan.

Background

Section 9047 was enacted in October 1992 as part of the DOD
FY 1993 Appropriations Act, Pub. L. No. 102-396.2 The
section prohibited DOD from obligating or expending funds
either to implement any consolidation plans for specified
automatic data processing and information technology
facility activities, or to make any reductions in force or
transfers in personnel at certain facilities, until 60 days


'We discuss whether the DDCC plan fully addresses the areas
and criteria called for in section 9047 in our comments to
DOD on the plan, as provided for in section 9047.
2As a part of an appropriations act, section 9047 expired at
the end of FY 1993, September 30, 1993. Section 8035 of
the DOD FY 1994 Appropriations Act, Pub. L. No. 103-139,
November 11, 1993, includes similar funding restrictions on
DOD's consolidation effort.


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