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OGC-86-11 1 (1986-04-08)

handle is hein.gao/gaobabnyi0001 and id is 1 raw text is: 

                     COMPTROLLER GENERAL OF THE UNITED STATES
                              WASHINGTON D.C. 206

                                              April 8, 1986


B-220532




To the President of the Senate and the                     129614
Speaker of the House of Representatives

     This is to advise you of the status of budget authority
made available to the Maritime Administration (Mar Ad) for the
acquisition and preconversion costs of a replacement training
vessel for the State University of New York. This budget
authority, which we held was being improperly withheld, has
now been made available for obligation.

     In his third special message for fiscal year 1986, dated
February 5, 1986, the President announced a deferral which
included $8.5 million appropriated for the training vessel.
Although the Congress had expressly disapproved a previous
deferral of the $8.5 million, the President provided no
substantial new basis justifying the reimpoundment. In our
report of March 11, 1986, GAO/OGC-86-6, we concluded that the
deferral was not permitted under the Impoundment Control Act
(the Act), 2 U.S.C. S 681. We advised the Congress, on
March 27, 1986, that we contemplated bringing a civil action
under section 1016 of the Act, 2 U.S.C. S 687, to compel
release of these funds. GAO/OGC-86-8.

     By letter of March 28, 1986, the General Counsel of the
Department of Transportation informed us that the $8.5 million
has been made available for obligation. Accordingly, action
under section 1016 is not necessary.





                        Acting Comptroller General
                               of the United States







                                              GAO/OGC-86-11

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