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B-332393 May 05, 2021 1 (2021-05-05)

handle is hein.gao/gaolme0001 and id is 1 raw text is: 1O O U.S. GOVERNMENT ACCOUNTABILITY OFFICE A Century of Non-Partisan Fact-Based Work 441 G St. N.W. Washington, DC 20548 Decision Matter of: Department of Defense-Amount Limitations on the Lift and Sustain Program File: B-332393 Date: May 5, 2021 DIGEST The Department of Defense (DOD) operates the Lift and Sustain program to reimburse international allies for assistance in military operations. The program is funded through a lump sum appropriation for Operations and Maintenance, Defense- wide. In the conference report accompanying DOD's Fiscal Year 2019 appropriation, the conferees designated $120 million to the program. Based on the $120 million designation, DOD prematurely reported to Congress a potential violation of the Antideficiency Act stemming from a potential cost overrun while operating the program. After review, we conclude the $120 million designation was not binding on DOD. Moreover, DOD also subsequently determined it did not obligate more than $120 million for the program. Accordingly, DOD did not violate the Antideficiency Act. DECISION This responds to a congressional request for our decision regarding the Department of Defense's (DOD) use of Fiscal Year 2019 (FY19) appropriations to operate its Lift and Sustain (L&S) program and whether DOD violated the Antideficiency Act (ADA). Letter from Chairman and Ranking Member, House Committee on Appropriations, Defense Subcommittee to Comptroller General (July 14, 2020) (Request Letter).1 DOD prematurely reported a potential ADA violation to its congressional appropriations and oversight committees stemming from its obligations for the program. As a result, we were asked to evaluate whether DOD had actually violated the ADA. As described below, we conclude DOD's operation of the L&S program in FY19 did not violate the ADA. 1 The chair of the House Committee on Appropriations, Defense Subcommittee changed in January 2021 with the organization of the 117th Congress.