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B-284566.2 1 (2000-08-09)

handle is hein.gao/gaobabmdc0001 and id is 1 raw text is: ~GAO __ _ _ _ __ United States General Accounting Office Office of the General Counsel Washington, DC 20548 B-284566.2 August 9, 2000 Ms. Anne Wicks Acting Executive Officer District of Columbia Courts 500 Indiana Avenue Washington, D.C. 20001 Subject: Rescission of District of Columbia Courts Appropriations Dear Ms. Wicks: This completes our response to a January 20, 2000 letter from the former Executive Officer, District of Columbia Courts (D.C. Courts). The former Executive Officer asked a number of questions concerning the proper accounting for certain payments, which we addressed in B-284566, April 3, 2000. The former Executive Officer also asked about the applicability to the D.C. Courts of the .38 percent rescission of discretionary budget authority made by the Consolidated Appropriations Act for Fiscal Year 1999, Pub. L. No. 106-113, Division B § 1005(a)(5), 113 Stat. 1501, 1535 (November 29, 1999). Specifically, the rescission applies to discretionary budget authority provided.., for fiscal year 2000 in this or any other Act for each department, agency, instrumentality, or entity of the Federal Government. The Office of Management and Budget (OMB) applied the rescission to two D.C. Courts appropriation accounts. The former Executive Officer questioned whether the rescission applies to D.C. Courts, stating that the federal government and the District of Columbia are separate legal entities. For the reasons explained below, we conclude that OMB's application of the rescission to the D.C. Courts discretionary accounts is reasonable. Background During Congress's consideration of the fiscal year 2000 federal budget, OMB warned that discretionary spending limits might be exceeded and a sequestration of discretionary spending might be required. See OMB Sequestration Update Report to the President and Congress for Fiscal Year 2000, April 25, 1999. Rather than relying on a possible sequestration order, Senator Nickles offered the following amendment

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