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OGC-90-5 1 (1990-06-28)

handle is hein.gao/gaobabqex0001 and id is 1 raw text is: .Comptroller General of the United States Washington, D.C. 20548 B-237297.7 June 28, 1990 To The President of the Senate and the Speaker of the House of Representatives This letter reports deferrals of budget authority in military construction programs that should have been, but were not, reported to the Congress by the President pursuant to the Impoundment Control Act of 1974. Section 1015(a) of the Impoundment Control Act, 2 U.S.C. § 686(a), requires the Comptroller General to report to the Congress whenever he finds that any officer or employee of the United States has ordered, permitted, or approved a reserve of budget authority, and the President has failed to transmit a special impoundment message with respect to such reserves. The deferral in question occurs in programs financed by the Military Construction Appropriations Act for the Department of Defense, 1990, Pub. L. No. 101-148, 103 Stat. 920 (1989), and unobligated funds carried over from previous years.l/ On January 24, 1990, Secretary of Defense Richard Cheney ordered a moratorium on the award of new contracts for military construction and the exercise of options under existing contracts. The moratorium also applies to contracts for architectural and engineering design services. The directive makes limited exceptions for projects in which the Department has a legal obligation under treaty or statute (such as for NATO infrastructure), projects required for base closures and realignments pursuant to Public Law 100-525 (1984), and projects needed to meet urgent military requirements, upon approval of the Deputy Secretary of Defense. The military construction moratorium was to remain 1/ Most of the fiscal year 1990 military construction appropriations are available for obligation for five fiscal years until September 30, 1994. Two appropriations, for the North Atlantic Treaty Organization Infrastructure and the Home Owners Assistance Fund, Defense, are available for obligation until expended. Amounts appropriated to the Base Realignment and Closure Account are available for obligation until September 30, 1995. GAO/OGC-90-5 C4~~~- !J7L7

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