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B-230162 1 (1988-05-06)

handle is hein.gao/gaobadnbw0001 and id is 1 raw text is: The Comptroller General of the United States V Washington, D.C. 20548 Decision Department Justice - Bureau of Justice Assistance - Matterof- Project Authorized by Appropriation Act. File: B-230162 Date: May 6, 1988 DIGEST The Bureau of Justice Assistance is required to make certain specified grant awards under earmark provisions contained in its fiscal year 1988 appropriation act. Should the Bureau not award these grants, it would constitute an impoundment and trigger the reporting requirements of the Impoundment Control Act. DECISION We have been asked by the General Counsel of the Office of Justice Programs, Department of Justice for our opinion on whether that office is required or permitted to make awards to Owensboro, Kentucky, and Alderson, West Virginia, under provisions contained in its fiscal year 1988 appropriation act. For the reasons explained more fully below, we conclude that the two awards for which funds were specifi- cally earmarked within the appropriation for otherwise discretionary grants are mandatory. If Justice fails to comply with these statutory directives it must justify its position under the Impoundment Control Act. Background In the Justice Department appropriation act for fiscal year 1988, Pub. L. No. 100-202, Congress provided: . . .$5,000,000 is provided for programs authorized under Part E of the Justice Assistance Act of 1984, notwithstanding the provisions of section 407 of such Act, including $1,000,000 for a grant to assist in the construction of a consolidated judicial center in Owensboro, Kentucky, and including $1,025,000 for a grant to the town of Alderson, West Virginia, to assist in the expansion of the municipal water treatment system serving the Federal Correctional Institution of Alderson, West Virginia . . . The General Counsel questions the authority of the Bureau of Justice Assistance of his office to make the awards C \©0\, ?--16

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