Fiscal Year 1990 Defense Department Appropriations Deferred by the President

B-237297.4: Feb 20, 1990

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This letter responds to a February 7, 1990 letter from Senator Robert C. Byrd, also signed by Senator Mark O. Hatfield, regarding $1,359,050,000 of fiscal year 1990 Defense Department appropriations recently deferred by the President, citing recent developments in Europe and the Soviet Union. The letter discusses that in his budget proposal; the President has requested that these funds be transferred to other programs for fiscal year 1991. Congress asked that we review this matter to determine whether these funds are being deferred in accordance with applicable law. We conclude that $1,251,050,000 of the deferrals are not authorized under the Impoundment Control Act of 1974, as amended, 2 U.S.C. 681 et seq.

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    We sustain the protest in part and deny it in part.

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