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B-213137 1 (1984-06-22)

handle is hein.gao/gaobabkme0001 and id is 1 raw text is: .COMPTROLLE, GENERAL OF THE UNITED STATES WASHINGTON D.C. 20648 B-21 3137 JUN 2 21984 The Honorable Bill Alexander 1111111I1I~ II~11111 IT~ 111Ii U.S. House of Representatives 124512 Dear Mr. Alexander: By letter dated January 25, 1984, you requested that we provide you with a formal legal decision regarding the propriety of funding methods used by the Department of Defense (DOD) in its recent joint combined exercises in Honduras. This letter responds to your request. We would emphasize that the sole concern of our legal review relates to DOD's use of appropria- tions in carrying out its activities in Honduras, and not to the policy implications of those activities. On the question of DOD's use of exercise operation and maintenance (O&M) funds, we found the following: - DOD may use O&M appropriations, under authority of 10 U.S.C. S 2805(c), to finance minor military construction pro- jects under $200,000. Thus, to the extent that DOD's construc- tion activities in Honduras fell within this $200,000 limit, use of O&M funding was proper. Apart from this specific authority, however, DOD's construction expenses may not be charged to O&M as operational costs, but must be charged to funds available for military construction (or, in some cases, security assistance). Consequently, O&M funding of construction activities in Honduras in excess of that permitted under 10 u.S.C. q 2805(c) was improper. - Site preparation and installation costs of establishing radar facilities in Honduras, if under $200,000 per project, may also be charged to O&M as minor military construction under 10 U.S.C. S 2805(c). Again, however, O&M funding of such ac- tivities in excess of that permitted under 10 U.S.C. § 2805(c) was improper. Costs of operating these facilities were properly chargeable to O&M. - Costs pertaining to training of Honduran armed forces during, or in preparation for, the Ahuas Tara II exercise should have been financed as security assistance to Honduras. Use of O&M funds for such activities was unauthorized.

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