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B-214236 1 (1987-05-26)

handle is hein.gao/gaobadmrv0001 and id is 1 raw text is: The Comptroller General of the United States Washington, D.C. 20548 VDecision Authority to obligate funds of Special Defense Acquisition Fund during duration of continuing Mattero: resolutions File: B-214236 Date: May 26, 1987 DIGEST 1. The Defense Security Assistance Agency is authorized to obligate funds in the Special Defense Acquisition Fund (SDAF), 22 U.S.C. § 2795-2795b, during the duration of continuing resolutions which do not contain a spe- cific authorization provision for SDAF. The terms of the continuing resolution appropriating foreign assis- tance funds for fiscal year 1986, Pub. L. No. 99-103, § 101(b)(1), make SDAF funds available for obligation, notwithstanding an apparent restriction in the fiscal year 1985 Foreign Assistance and Relations Appropriation Act. 2. The funding provision for the Special Defense Acquisition Fund contained in the fiscal year 1985 Foreign Assistance and Relations Appropriations Act, Pub. L. No. 98-473, 98 Stat. 1837, 1884 (1984), was within the scope of the first fiscal year 1986 continuing resolution, Pub. L. No. 99-103, S 101(b)(1). DECISION This decision is in response to an August 21, 1986, request from the General Counsel, Defense Security Assistance Agency (Agency), concerning the Agency's authority to obligate funds in the Special Defense Acquisition Fund (SDAF) during the duration of the first continuing resolution for fiscal year 1986, which did not contain a specific authorization provision for SDAF. Specifically, the General Counsel asks two questions: (1) did the initial continuing resolution for fiscal year 1986 make funds available for obligation by SDAF at the current rate, notwithstanding a provision in the fiscal year 1985 appropriation act concerning the future applicability of ceilings and earmarks in that act?; and, assuming the provision is inapplicable, (2) is the SDAF a project or activity as those terms are used in the continuing resolution?

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