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B-115398.33 1 (1978-05-03)

handle is hein.gao/gaobadtkw0001 and id is 1 raw text is: 92 COMPTROLLER GENERAL OF THE UNiTED STATES WASHINGTON. D.C. 20548 IN RPLY B-I15398.33 REFER TO. May 3, 1978 The Honorable Robert Dole United States Senate Dear Senator Dole: This replies to your letter of April 21, 1978, in which you and Senators Baker, McClure, and Domenici, requested that we provide an analysis of certain matters in connection with the President's April 7, 1978, announcement that he has decided to defer production of weapons with enhanced radiation effects--so-called neutron bombs. Specifically, you ask: whether the President's decision has brought into play the. provisions of the Impoundment Control Act of 1974; what legal authorities are available to the President to defer neutron bomb production; and what action by the Congress would be needed to impose full congressional control over the President's decisions regarding neutron bomb production if such control is not currently available. I. THE IMPOUNDMENT CONTROL ACT OF 1974: As pointed out by your letter the Public Works Appro- priation Act, 1978, Pub. L. No. 95-96, included funds for the production of neutron bombs. The statute states, in per- tinent part: Provided further, That none of the funds appropriated in this Act shall be used for production of enhanced radiation weapons until the President certifies to Congress that production of these weapons is in the national interest: Provided further, however, That after such certification is received, production may proceed, unless within forty-five days Congress by con- current resolution disapproves such pro- duction* * *. 91 Stat. 798. We read the statute as meaning that funds provided by Public Law 95-96 are not legally available for obligation for the production of neutron bombs until the requirements of the above-quoted provisos have been satisfied. Z