Summary

NOT IMPROPER SINCE LINE ITEM APPROPRIATION MAY BE APPLIED IN ANY AMOUNT TO ANY OF PROGRAMS FOR WHICH IT IS AVAILABLE ABSENT FURTHER RESTRICTIONS PROVIDED BY APPROPRIATION ACT OR ANOTHER STATUTE. SINCE SUCH LEASES ARE EXPRESSLY AUTHORIZED BY LAW UNDER 10 U.S.C. HIS CONCERN ARISES FROM INFORMATION PRESENTED DURING RECENT HEARINGS ON 1980 APPROPRIATION REQUESTS FOR THE FAMILY HOUSING ACCOUNT INDICATING THAT CERTAIN FUNDS MAY HAVE BEEN REPROGRAMMED DURING THE LAST TWO YEARS WITHOUT CONGRESSIONAL APPROVAL. THE AUDIT STAFF ALSO ASKED THAT WE RESPOND TO THE LEGAL ASPECT OF THE FOLLOWING QUESTION ASKED BY THE CHAIRMAN: "WHETHER THE DEFENSE DEPARTMENT IS ENTERING INTO LEASE CONSTRUCTION AGREEMENTS PRIOR TO THE PASSAGE OF APPROPRIATION LAWS AND IF THEY ARE.