B-222410, APR 28, 1986

B-222410, APR 28, 1986

APPROPRIATIONS - LUMP-SUM - AVAILABILITY DIGEST: BECAUSE FUNDS FOR THE DEPARTMENT OF ENERGY'S MOD-5B PROJECT ARE PART OF A LUMP-SUM APPROPRIATION, CONGRESSIONAL DISAPPROVAL OF THE DEFERRAL WILL NOT ASSURE THAT THE PROJECT IS CARRIED OUT UNLESS THE DISAPPROVAL LANGUAGE REQUIRES THAT THE FUNDS BE MADE AVAILABLE FOR THE PROJECT.

THE HONORABLE CECIL HEFTEL:

HOUSE OF REPRESENTATIVES

IN YOUR LETTER OF MARCH 13, 1986, YOU EXPRESSED CONCERN OVER THE ADMINISTRATION'S DEFERRAL OF $10.24 MILLION FOR THE DEPARTMENT OF ENERGY'S MOD-5B WIND TURBINE PROJECT. THIS DEFERRAL WAS REPORTED BY THE PRESIDENT IN HIS THIRD SPECIAL MESSAGE, FEBRUARY 5, 1986, AS PART OF DEFERRAL NO. D86-38, "ENERGY SUPPLY, RESEARCH AND DEVELOPMENT."

AS YOU KNOW, THIS OFFICE IS REQUIRED TO COMMENT ON IMPOUNDMENTS PROPOSED BY THE PRESIDENT UNDER THE IMPOUNDMENT CONTROL ACT (THE ACT). 2 U.S.C. SEC. 685(B). WE ARE ENCLOSING A COPY OF OUR REPORT TO THE CONGRESS ON DEFERRAL NO. D86-38. WE FOUND THAT THE DEFERRAL IS IN ACCORDANCE WITH THE REQUIREMENTS OF THE ACT.

FUNDING FOR THE MOD-5B PROJECT WAS PROVIDED AS PART OF A LUMP-SUM APPROPRIATION FOR ENERGY SUPPLY, RESEARCH AND DEVELOPMENT ACTIVITIES. THE MOD-5B PROJECT, ALONG WITH OTHERS, IS SAID BY THE PRESIDENT TO HAVE BEEN DEFERRED "BECAUSE THEY ARE INCONSISTENT WITH ADMINISTRATION ENERGY RESEARCH AND DEVELOPMENT POLICY OR OF LOWER PRIORITY, PARTICULARLY IN TIMES OF TIGHT FISCAL RESTRAINT." THE FUNDS ARE INTENDED TO BE APPLIED TO DEFRAY 1987 COSTS OF THE DEPARTMENT OF ENERGY'S TECHNICAL INFORMATION MANAGEMENT PROGRAMS, AN AUTHORIZED PURPOSE OF THIS SAME APPROPRIATION. (THE FUNDS ARE AVAILABLE WITHOUT FISCAL YEAR LIMITATION.)

LEGALLY, THIS KIND OF POLICY-BASED DEFERRAL OF A PORTION OF A LUMP SUM APPROPRIATION IS PROPER, EVEN THOUGH ITS EFFECT MAY BE TO CURTAIL, SUSPEND, OR EVEN ELIMINATE PROGRAMS THAT MANY IN CONGRESS SUPPORTED BY VOTING TO ENACT APPROPRIATIONS SUFFICIENT TO FUND THEM. (GAO HAS DONE NO WORK BEARING ON THE POLICY QUESTION RAISED BY THIS DEFERRAL AND YOUR LETTER.)

IF CONGRESS DISAPPROVES THE DEFERRAL, THE FUNDS MUST OF COURSE BE MADE AVAILABLE FOR PURPOSES WITHIN THE SCOPE OF THE APPROPRIATION, BUT NOT NECESSARILY FOR THE MOD-5B PROJECT. THUS, SHOULD THE CONGRESS WISH TO ASSURE THAT THE MOD-5B WIND TURBINE PROJECT IS CARRIED OUT, IT WOULD NOT SUFFICE MERELY TO DISAPPROVE THE DEFERRAL SINCE THE FUNDS COULD STILL BE MADE AVAILABLE FOR OTHER PURPOSES WITHIN THE SCOPE OF THE ENERGY SUPPLY, RESEARCH AND DEVELOPMENT APPROPRIATION. SPECIFIC LEGISLATIVE LANGUAGE REFERRING TO THIS PROJECT WOULD BE NECESSARY TO ASSURE ITS CONTINUATION.