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OGC-82-18 1 (1982-07-06)

handle is hein.gao/gaobabmqg0001 and id is 1 raw text is: dY 7,LTlt-


                 COMPTROLLER GENERAL OF THE UNITED STATES
                          WASHINGTON D.C. 20d//

                                July 6, 1982

B-20505311111III                                          1II 1I I



To the President of the Senate and the                  119653
Speaker of the House of Representatives

     On March 25, 1982, our Office reported a deferral of
$216,520,000 in budget authority provided for the Coast Guard's
acquisition, construction, and improvement (AC&I) account which
should have been, but was not, reported to Congress by the
executive branch pursuant to the provisions of the Impoundment
Control Act, 31 U.S.C. SS1401 et seq. The purpose of this let-
ter is to advise that the deferred funds have been made avail-
able for obligation.

     As indicated in our March 25 report, section 406 of the
Department of Transportation Appropriation Act, 95 Stat. 1466,
in effect alters the normal operation of the Impoundment Con-
trol Act by applying the procedural aspects of the Act normally
applicable to proposed rescissions to any deferrals submitted
for the accounts specified in section 406, including the AC&I
account. Thus, the deferred funds could be withheld from obli-
gation only during the 45-day statutory period, unless Congress
acted to approve all or part of the deferral. In our report
to Congress dated June 9, 1982, we advised that the 45-day
period had expired on May 27, 1982, without Congressional
action and, accordingly, that the funds were required to be
made available for obligation as of that date.

     The basis of our conclusion that funds were being deferred
was that the funds were programmed to apply to fiscal year 1983
requirements, an action contrary to the Coast Guard's usual
practice and taken in anticipation of a reduced fiscal year
1983 budget request. We had been advised that a plan to use
the funds in fiscal year 1982 was submitted by the Coast Guard
to OMB on May 21. We now understand that OMB recently completed
its review and approved the submitted plan, and that the Coast
Guard is proceeding to make the funds available for obligation
in accordance with the plan.




                       Acting Comptroller General
                              of the United States


                                                  GAO/OGC-82-18


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