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OGC-86-7 1 (1986-03-04)

handle is hein.gao/gaobabnwt0001 and id is 1 raw text is: COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON D.C. March 4, 1986 129234 To the President of the Senate and the Speaker of the House of Representatives As required by section 1016 of the Impoundment Control Act (the Act), this is to advise you of the status of budget authority which the President is withholding contrary to the Act. Pursuant to section 1013(a) of the Act, 2 U.S.C. S 684(a), the President reported to the Congress, on February 6, 1985, the deferral of $270,738,000 appropriated to the Department of Energy for the development, operation and maintenance of the Strategic Petroleum Reserve (SPR), On August 15, 1985, the Congress passed legislation, theSupplemental Appropriations Act for fiscal year 1985, which the President signed, expressly disapproving the deferral and directing that the funds be made available for obligation. Pub. L. No. 99-88, 99 Stat. 293, 341 (1985). Under section 1013(b) of the Act, 2 U.S.C. S 684(b), funds proposed for deferral must be made available for obligation if either House of Congress passes an impoundment resolution disapproving the deferral. The SPR budget authority was made available, pursuant to the Supplemental Appropriations Act, but remained largely unobligated. However, on February 5, 1986, the President announced a deferral of $197,940,825, which includes $156.8 million that was subject to the earlier, disapproved deferral. Because the reason given for the February 5, 1986, redeferral of $156.8 million was the same as that which the Congress considered in August 1985 and rejected by law, we believe the current withholding of the $156.8 million is in violation of the Supplemental Appropriations Act and the Impoundment Control Act. On February 25, 1986, we asked the Secretary of Energy to advise us by March 3 when the funds would be released. By letter of March 3, 1986, the General Counsel, Department of Energy informed us that the Department needs to carefully examine certain legal issues before releasing the funds. Section 1016 of the Act, 2 U.S.C. S 687, authorizes the Comptroller General to institute a civil action in the United States District Court for the District of Columbia to require GAO/OGC-86-7 5

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