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B-114578 1 (1973-11-09)

handle is hein.gao/gaobacywt0001 and id is 1 raw text is: 258 rVV.) COMPTROLLER GENERAL OF THE UNITED STATES 3-114578 NOV 9 1973 The Honorable Charles A. Vanik Bouse of Representatives Dear Mr. Vaniks In a letter to us you have expressed concern regarding the lack of congressional control over axpenditzrea by the Department of Dfns, particularly pipeline funding available to that Departmnt under no-year sad uatiple-year appropriations. You request our advice as to what appropriati7 ade to the Department of Detense ay be In Violation of Article Iysection 8, clams 12 of the Constitution, which lints appropriations 'to raise and sqport armis to a period of two Concerning the constitutional question, we do not consider it our prergative or duty to question the coastitctionality of laws enacted by the Consress. Rather, til the courts have taken final aqtion holding a particular act auconstitittonal, it is our view that full effect should be given thereto by our Offies according to its terms. Mowever, ve hop that the information provided hereinafter may be of interest to you. As yes state, the military ilepartmets do have available considerable so-called pipeline obligational authority, in addition to obligational authority provided In appropriations itmited to one fiscal year. Prin- olpal sources of eteeded obligational authority are found in appropriations for military costruction, procurement, and ressart and development. For esasple, the Military Coastrutioo Appropriatea Act, 1973, approved October 25, 1972, Pub. L. 92-547, 86 Stat. 1150,providea obligational authority for construction by the military departments to remain avail- able atil espended. Title IV of the Department of Defease Appropriat ion Aet, 1973, approved October 26, 1972, Pub. L. 92-570, 86 Stat. 1184, V 1190, makes appropriations for construction, procurement, production, ete., of weapons systems, aircraft, combat vehicles and other equipment, to remda available for obligation until the end of fiscal year 1973. ?itls V o1 this act, 86 Stat. 1194$uakes appropriations for research a developmeat, etc., to ewain ailable for obligation antil the and of fiscal year 1974. On the other hand, allitary persanel and operation and meuatenanne appropriations are made on a single fiscal year basis. 19*

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