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OGC-82-5 1 (1981-12-23)

handle is hein.gao/gaobabcup0001 and id is 1 raw text is: . . COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON D.C. 20548 B-205053 December 23, 1981 To the President of the Senate and the Speaker of the House of Representatives On November 6, 1981, the President's fifth special message for fiscal year 1982 was transmitted to the Congress pursuant to the Impoundment Control Act of 1974. The special message pro- poses one rescission of budget authority totalling $20.4 million and nine deferrals of budget authority totalling $132.0 million as follows: CORPORATION FOR PUBLIC BROADCASTING R82-3 Public Broadcasting Fund 2030151 This account was the subject of a rescission proposal by the President in his seventh special message for fiscal year 1981, dated March 17, 1981. The President proposed a rescission of $52 million from advance appropriations for fiscal year 1983 (R81-105). In the Supplemental Appropriations and Rescission Act, 1981, Congress rescinded $35 million in fiscal year 1983 advance appropriations, thereby reducing the level of appropria- tions to the current amount of $137 million. The President now proposes rescission of an additional $20.5 million in advance appropriations for fiscal year 1983. We discussed the President's authority to withhold funds appropriated to the Corporation for Public Broadcasting in our letter to Representative Timothy E. Wirth, dated March 25, 1981, B-202472. We expressed the view that the President could not rely on the Impoundment Control Act to withhold the funds if he proposes to rescind funds already available to the Corporation. However, we concluded that there was no actual withholding of funds in R81-105, because the proposed rescis- sion applied only to advance appropriations that were not yet available to the Corporation. Similarly, the funds proposed for rescission in R82-3 are not currently being withheld, because the funds are fiscal year 1983 advance appropriations not yet available to the Corporation. In addition, when only part of a proposed rescission is approved, section 1012(b) of the Impoundment Control Act, 31 U.S.C. §1402(b), requires that any remaining funds with- held must be made available. If the President later seeks OGC-82-5 117261

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