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OGC-86-8 1 (1986-03-27)

handle is hein.gao/gaobabnxt0001 and id is 1 raw text is: 


1i r                  COMPTROLLER GENERAL OF THE UNITED STATES
                              WASHINGTON D.C. 2064


                                       March 27, 1986

 B-220532



                                                        129468
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), 2 U.S.C. S 687, this is to advise you of the
status of budget authority of two appropriation accounts,
Maritime Administration (Mar Ad) operations and training
account and Urban Mass Transportation Administration (UMTA)
discretionary grants, which the President is withholding
contrary to the Act.

Maritime Administration Deferral

     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 $8.5 million appropriated to
the Department of Transportation, Maritime Administration, for
the acquisition and preconversion costs of a replacement
training vessel for the State University of New York Maritime
College. The President proposed to transfer the funds to
other Mar Ad activities. On August 15, 1985, the Congress
passed legislation, the Supplemental Appropriations Act for
fiscal year 1985, which the President signed, expressly
disapproving the deferral. Pub. L. No. 99-88, 99 Stat. 300
(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 Mar Ad budget
authority was made available, but was not obligated. On
February 5, 1986, the President announced a deferral of
$9,350,000, which includes the $8.5 million that was subject
to the earlier, disapproved deferral. The President, again,
proposes to transfer the funds to other Mar Ad activities.
Because the Congress has already made a judgment that the
training vessel is needed and that the funds for the vessel
should not be transferred, we believe the current withholding
is in violation of the Supplemental Appropriations Act and the
Impoundment Control Act.


                                       GAO/OGC-86-8

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