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B-200685 1 (1981-04-13)

handle is hein.gao/gaobabkab0001 and id is 1 raw text is: 04 / V\jR - COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON D.C. 20548 B-200685 April 13, 1981 The Honorable Jack Brooks Chairman, Committee on Government Operations House of Representatives Dear Mr. Chairman: This responds to your letter, dated March 26, 1981, and the letter you attached from Congressman James R. Jones, Chairman of the House Committee on the Budget, concerning GAO's execution of ±14s responsibilities under ti-m Impoundment Control Act of 197 Pub. L. No. 93-344, 31 U.S.C. 1400, et seq. The letters raise various procedural and legal issues concerning GAO's implemen- tation of the Act.7 EXPLANATION OF GAO PROCEDURES UNDER THIS ACT Section 1012 and 1013 of Qthe Impoundment Control Act2 31 U.S.C. 1402, 1403,{require the President to submit a special mes- sage to the Congress on any impoundments--rescissions or deferrals-- he wishes to initiate. Section 1014 requires that a copy of that message be transmitted to the Comptroller General on the same day it is sent to the Congress. The Comptroller General is to assist the Congress by reviewing each message and issuing a report on his findings as promptly as practicableA CThe Office of General Counsel in GAO has arranged to receive a copy of the President's special message on the same day that it is transmitted to the Congress. Typically, on that same day, each proposed impoundment is assigned to the GAO division having audit responsibility for the program involved. GAO's auditors promptly contact agency budget and program officials to begin the process of verifying the information contained.in the special message. Within the time constraints involved in the process, independent audit data also may be developed. The findings and conclusions of our audit personnel are reported back to the Office of General Counsel as the examinations are concluded.7 LAs the audit examinations are being conducted, the Office of General Counsel examines the legal implications of each impound- ment to determine if the proposal is in compliance with statutory authority.D The most common legal issue is whether the Executive has authority to withhold funds during Congress' consideration of an impoundment proposal. It arises usually in the context of a rescission proposal in which the Executive invokes section 1012(b) 6V3

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