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OGC-81-17 1 (1981-09-24)

handle is hein.gao/gaobabcpq0001 and id is 1 raw text is: UNITED STATES GENERAL ACCOUNTING OFFICE WASHINGTON, D.C. 20548 1C74 OICS CP G04MAL COUNSCL B-200685 September 24, 1981 To the President of the Senate and the 111 11111 11 Speaker of the House of Representatives~ 116776 The purpose of this letter is to report on the status of budget authority that was proposed, but rejected, for rescis- sion. In the President's eleventh special message for fiscal year 1981, dated June 19, 1981, the President proposed six rescissions totalling $321.0 million in budget authority. The funds had been appropriated to the Department of Agriculture for Construction and Land Acquisition (R81-160), to the Depart- ment of Education for Student Financial Assistance (R81-161), to the Department of Health and Human Services for Grants to States for Social and Child Welfare Services (R81-162), to the Department of Housing and Urban Development for Urban Develop- ment Action Grants (R81-163) and Community Development Grants (R81-164), and to the Environmental Protection Agency for Salaries and Expenses (R81-165). Section 1012(b) of the Impoundment Control Act requires that funds proposed for rescission be made available for obli- gation, unless the Congress completes action on a rescission bill within the 45-day period of continuous congressional ses- sion following the day such a proposal is received by the Con- gress. For rescission proposals R81-160, R81-161, R81-162, R81-163, R81-164 and R81-165, the 45-day period ended on Sep- tember 19, 1981, without the Congress having passed such a bill. In our July 30, 1981, report on the President's eleventh special message we stated that withholding the funds proposed for rescission in R81-161 and R81-162 for the 45-day period was not authorized by the Impoundment Control Act. We concluded that in the case of R81-161, Title IV, Part E of the Higher Education Act, 20 U.S.C.. SSi087aa et seq., and in the case of R81-162, title XX of the Social Security Act, 42 U.S.C. S1397a, were statutes which mandated that the funds be available and which vested no discretion in the Executive to withhold funds. Consequently, withholding funds was not authorized by the Impoundment Control Act because section 1001(4) of the Act, 31 U.S.C. §1400(4), provides that nothing in the Act shall be con- strued as superseding any provision of law which requires the obligation of budget authority or the-making of outlays there- under.

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