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OGC-82-11 1 (1982-05-06)

handle is hein.gao/gaobabdgy0001 and id is 1 raw text is: COMPTAOLLER GENERAL OF THE UNITED STATES j' WASHINGTON D.C. 20o4 May 6, 1982 B-205 053 118446 To the President of the Senate and the Speaker of the House of Representatives On February 5, 1982, the President's eighth special message for fiscal year 1982 was transmitted to the Congress pursuant to the Impoundment Control Act of 1974. The special message pro- posed 22 rescissions of budget authority totalling $10,655 mil- lion, 14 new deferrals totalling $2,334 million, and revisions to seven previously reported deferrals which increase the amounts deferred by $768 million. On February 19, 1982, the President submitted his ninth special message for fiscal year 1982, report- ing a $2 million reduction in the amount proposed for rescission in rescission proposal R82-23 (Mine Safety and Health Administra- tion). In his eleventh special message for fiscal year 1982, dated April 23, 1982, the President reduced by $3.4 billion the amount proposed for rescission in rescission proposal R82-21 (subsidized housing programs). The 45-day period during which the funds proposed for rescission could be withheld pending congressional consideration of a rescission bill ended on Friday, April 23, 1982, without Congress having passed any such bill. The withheld funds were released by OMB on Monday, April 26, 1982. In our report to Congress dated March 10, 1982, we explained in detail our interpretation of section 1001(4) of the Impound- ment Control Act, the so-called fourth disclaimer, which pro- vides that the Act does not supersede any other provision of law requiring the obligation or expenditure of budget authority. Briefly stated, our analysis requires examination of the statu- tory scheme involved for evidence of a congressional mandate to spend the funds appropriated for the particular program. In the following report, we identify the rescission proposals sub- mitted in the eighth and ninth special messages which involve mandatory spending programs under our analysis of section 1001(4). In our view, the Impoundment Control Act does not authorize impoundments of funds for these programs. FUNDS APPROPRIATED TO THE PRESIDENT R82-4 International Development Assistance Functional Development Assistance Program Food and Nutrition Education & Human Resources 11X1023 11XI025 GAO/OGC-82-11

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