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OGC-91-12 1 (1991-10-02)

handle is hein.gao/gaobabrfr0001 and id is 1 raw text is: ,Comptroller General of the United States Wauhington, D.C. 20548 B-24 1514.13IU October 2, 1991 144973 To the President of the Senate and the Speaker of the House of Representatives This letter reports a deferral of budget authority in the Department of Veterans Affairs (VA) major construction appropriation that should have been, but was not, reported to the Congress as a deferral pursuant to the Impoundment Control Act of 1974. The VA Secretary is required by law to report to the Appropriation Committees and our Office any approved major construction projects for which construction and working drawing contracts are not awarded within specified time limits. See, generally Pub. L. No. 101-507, 104 Stat. at 1354 (1990); Pub. L. No. 101-144, 105 Stat. at 842 (1989). GAO is required, by law, to examine the implications of such delays under the Impoundment Contrbl Act. Pub. L. No. 93-344, Stat. (1974). On May 30, 1991, we provided the Congress with our report which concluded that the delays in 15 of the 17 projects reported by the Secretary did not constitute impoundments. GAO/HRD-91-84. However, we advised that with respect to 2 projects we were continuing to review the impoundment implications of the VA's actions and would report on those projects separately. Our Office has determined, for the reasons set forth below, that the VA's action with regard to one of the projects constitutes an unauthorized deferral of budget authority. BACKGROUND In fiscal year 1989 the Congress appropriated a lump sum of $363,040,000 to remain available until expended, for construction, major projects. Pub. L. No. 100-404, 102 Stat. 1032-1033 (1988). The Conference Report accompanying the law budgeted $14,000,000 for the design of a clinical addition, a renovation of building two, and a Spinal Cord Injury Center project at the VA Medical Center in Dallas, Texas (SCI project). H.R. Rep. No. 817, 100th Cong., 2nd Sess. 28 (1988); H.R. Rep. No. 701, 100th Cong., 2nd Sess. 60 (1988). The appropriation act required the Secretary to report any approved major construction project for which working'drawings contracts were not awarded by September 30, 1989. Pub. L. No. 100-404, 102 Stat. 1033. The act also GAO/OGC-91-12 Ols 'g7c{ /Mcr1- 3

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