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B-198507 1 (1980-05-12)

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TED STATES GENERAL ACCOUNTING OFFICE
      WASHINGTON, D.C, 20548


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14 REPLY
AKOf TO: B-198507


OFFICE OF GENlERAL COUNSEL


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try 12, 1980


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Mr. W. Wasserstein, Director
Division of Governmvent Accounts and Reports
Bureau of Government Financial Operations
Department of the Treasury

Dear Mr. Wasserstein;


     You havc requested my views on whethor the first Continuing Resolution
for fiscal year 1980, Public Law 96-86, October 12, 1979, 93 Stat, 656,
appropriated $350,000 for the Senate Office of Legal Counsel., and thus
whether a request for a warrant in that amount by the Financial Clerk of
the Senate should be honored. Afttar reviewing the record, I am satisfied
that the Congress intended to appropriate the amount in qijestion in the
Continuing Resolution. Should the Department of the Treaiury prepare an
appropriation warrant in that amount, I will recommend that the General
Accounting Ofilce countersign the warrant under the provisons of 31 U.S.C.
§ 76.

     Section 101(c) of the Continuing Resolution appropriate.:

           * * * such' amounts as may be necessary for continuing
     projects or activities for which disbursnments are made by
     the Secretary of the Senate, * * * to the extent and in the
     manner which would ba provided for in the budget estimates,
     as amended, for fiscal year 1980.

     The fiscal year 1980 appropriation requests for the Legislative Branch
contained in the annual budget did not contain a request for an appropriation
for the Office of the Senate Legal Counsel., nor was such a request contained
in any amendment to the budget submitted to the Congress by the President
prior to October 12, 1979, the date the Continuing Resolution becurme law.

     lowever, on September 12, 1979, a month prior to the enactment of the
Continuing Reuolution, the Financial Clerk of the United States Senate for-
warded to the Director of the Office of Managemant and Budget (OMB) budget
amendments totalling $474,000. These amendments included an additional
$124,000 for the Office of Sergeant ae Arms and Doorkeeper, and $350,000


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