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B-213137 1 (1986-01-30)

handle is hein.gao/gaobacvtz0001 and id is 1 raw text is: COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON D.C. 20548 Ilf f11111 llt 111111111lil ll 129177 B-213137 1 January 30, 1986 The Honorable Bill Alexander House of Representatives DO NOT MAKE AVAILABLE TO PUBLIC READING Dear Mr. Alexander: This responds to your April 19, 1985, request that this Office update our legal decision B-213137, June 22, 1984 (published in unclassified form at 63 Comp. Gen. 422 (1984)). That decision addressed the propriety of the Department of Defense's (DOD's) use of operation and maintenance (O&M) appropriations for three categories of activities in connection with its conduct of joint combined military training exercises in Honduras: construction activities, training of foreign forces, and provision of civic and humanitarian assistance to Honduran civilians. In response to your request, we have reviewed actions taken by DOD in light of our previous recommendations concerning each of these three categories of activities. We have also reviewed the manner in which the Department has conducted exercise activities since Ahuas Tara II. Our detailed legal analysis is set out in the enclosure. Our previous decision addressed the propriety of DOD's use of O&M appropriations, during military exercises in Honduras, for a variety of activities ordinarily funded from other appro- priation categories. Specifically, we concluded that DOD had improperly financed foreign aid and security assistance activi- ties through its O&M accounts. We also concluded that the Department may have misapplied O&M appropriations for exercise- related military construction, if costs of specific projects in Honduras exceeded $200,000 per project. We recommended that the Department make funding adjustments where necessary to reimburse its O&M accounts, or declare Antideficiency Act violations to the extent adjustments could not be made. In conducting our review of DOD's implementation of our previous decision, we encounterea a considerable amount of disagreement by DOD officials with some of our basic legal conclusions, particularly with regard to the treatment of exercise-related engineering activities as military construc- tion. In light of these comments, we have reexamined our pre- vious conclusions in some detail. As discussed in the enclosure, we reaffirm the legal conclusions reached in our previous decision. We have attempted to address the specific concerns raised by DOD officials, again particularly as to exercise construction activities. 53445%~al) /aqn7U

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