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OGC-86-13 1 (1986-04-16)

handle is hein.gao/gaobabnyp0001 and id is 1 raw text is: 

                      COMPTROLLER GENERAL OF THE UNITED STATES
                              WASHINGTON D.C. 2

                                          April 16, 1986



B-220532I                                              1111111111111111

                                                      129659

To the President of the Senate and the
Speaker of the House of Representatives

     This is to advise you of the status of $156.8 million of
budget authority made available to the Department of Energy for
the development, operation and maintenance of the Strategic
Petroleum Reserve (SPR). This budget authority, which we held was
being improperly withheld, has now been made available for obliga-
tion.

     In his third special message for fiscal year 1986, dated
February 5, 1986, the President announced a deferral of budget
authority appropriated for the SPR, which included $156.8 million
that was subject to an earlier deferral. Although the Congress
had expressly disapproved the previous deferral of the
$156.8 million, the President provided no substantial new basis
justifying the reimpoundment. In our report of February 25, 1986,
GAO/OGC-86-5, we concluded that the deferral was not permitted
under the Impoundment Control Act (the Act), 2 U.S.C. § 681. We
advised the Congress, on March 4, 1986, that we contemplated
bringing a civil action under section 1016 of the Act, 2 U.S.C.
§ 687, to compel release of these funds. GAO/OGC-86-7.

     We have confirmed that on April 11, 1986, the Office of
Management and Budget apportioned the $156.8 million, making the
funds available for obligation. Accordingly, action under section
1016 is not necessary.





                                Comptroller General
                              61 of the United States


GAO/OGC-86-13

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