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B-207186 1 (1982-06-03)

handle is hein.gao/gaobabjif0001 and id is 1 raw text is: .. pt*%- -- Ljk a -%am I a Y ,.6 &La - L .IAL kL U IU.3 . ft 4 1. .r I-2071863 June 3f 1982 The Honorable Richard 4. Ottinger Chairman, Subcommi.tee or, Energy Conservation arid Power Committee on Energy and Commerce house of Representative8 J) ouYot, 1j4 ) i.tE-----.A Dear Mr. Chairman: This ;esponds to your letter dated May 10, 1982, KYou expressed c¢oncvrri with our letter to you of May 15, 1982,Lihich analyzed thetlegality of execu\,ive impoundments of fund7appro- priated for th- Solar Energy and Energy Conservat ion' pakY) In our May 5 lqtter we addressed the issue of! the impounc, mef{.3 legality it. terms of our December 31, 1981, reportlof'an earlier impoundment of Bank funds (deferral D82-184, proposed on Octo- bgr 29, 1901), We explained at some length our disigr,6emea'.aon the issue with 01B, and whyv we had concluded in 1ght 6f the fourth disclaiimer of the Impoundment Control Act that a with- holding of Bankfunds is unauthorized, You point out that we should have but did not explicitly atate that the sOithhlding ot the same funds pursuant to the President's rescissio pro- posal R82-22 was also unauthorized. An explicit statement to that effect is contained at page 7 df our report on the Presi- dent's eighth and ninth special messages, copy enclosed, which was issued the day following our lettcr to you. Youi also were troubled by a ntatement in our letterto you that the issue of the legality of OMB's withholding Q'f the Bank's funds now is academic, Givenyour perciption tha, we had not informed the Congress that the withholding was.illegal, I can readily understand your apprehension that we might appear to dismiss as merely academic the subject of youir concern and the effectfthe illegal impoundment had on the Bank!s operaijion. In point of fpct, our decision to attach considerable import- ance to the fourth disclaimer is a controversial one which we take quite seriously. However, our belief in the cotrectness of our interpretation of the law had no practical application to the unauthorized withholding of funds from the Bank, Indeed, the period of 45 legislative days normally authorized for with- holding funds proposed for rescission had expired and tbe funds s62

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