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OGC-91-8 1 (1991-05-07)

handle is hein.gao/gaobacxwh0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 B-241514.5 May 7, 1991 The President of the Senate and the 144013 Speaker of the House of Representatives This letter reports a deferral of Department of Defense (Department) budget authority that should have been, but was not, reported to the Congress by the President under the Impoundment Control Act of 1974. Section 1015(a) of the Impoundment Control Act, 2 U.S.C. § 686(a), requires the Comptroller General to report to the Congress whenever he finds that any officer or employee of the United States is to establish a reserve or has ordered, permitted, or approved of such a reserve or a deferral of budget authority, and the President has failed to transmit a special impoundment message with respect to such reserves or deferrals. This report is submitted in accordance with section 1015(a) and has the same effect as if it were a special message transmitted by the President. The deferral in question occurs in the fiscal year 1991 appropriation account Aircraft Procurement, Navy, Pub. L. No. 101-511, 104 Stat. 1864 (1990), and involves $165,000,000 earmarked by the Fiscal Year 1991 National Defense Authorization Act only for advance procurement of the V-22 Osprey tilt-rotor aircraft. Pub. L. No. 101-510, § 152, 104 Stat. 1485, 150; (1990). According to the Department, the $165,000,000 is being withheld pending congressional authorization to transfer the procurement funds to the Navy's Research, Development, Test, and Evaluation (R&D) account, which the Department has advised would be used for additional V-22 R&D work. The transfer request, submitted as part of the President's fiscal year 1992 budget, proposes the following legislative language: Of the funds appropriated for fiscal year 1991, under the heading Aircraft Procurement, Navy for the V-22 Osprey program, $165,000,000 are transferred to the appropriation, Research, Development, Test, and Evaluation, Navy 1991/1992 to be merged with and to be available for the same purposes and the same time period as the appropriation to which transferred. Budget of the United States Government, Fiscal Year 1992, Part Four 545, § 8049 (1991). ~ / IL L1 +1

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