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OGC-86-2 1 (1985-12-16)

handle is hein.gao/gaobabnuz0001 and id is 1 raw text is: isCOMPTROLLER C ENERA -OF THE UNITED STATES IzC' WASHINGTON O.C. 204 December 16, 1985 B- 216664 11111111 1 128655 To the President of the Senate and the Speaker of the House of Representatives This letter reports the status of budget authority proposed for rescission under the Impoundment Control Act, for which the Congress failed to pass a rescission bill before the 45-day statutory withholding period expired on November 10, 1985. Despite the expiration of their fiscal year availa- bility, the funds at issue, $11.526 million appropriated to the Office of Refugee Resettlement, Department of Health and Human Services, have remained available by order of the court in a lawsuit brought by members of Congress and others to compel obligation of the funds. As a result of a permanent injunction in that suit, the funds have been released as of November 25, and grants are now being made. However, as dis- cussed below, the suit is still pending over the underlying issue of availability of these funds. Pursuant to section 1015(a) of the Impoundment Control Act, 2 U.S.C. S 686(a), we reported to the Congress on Septem- ber 26, 1985, the withholding of $11.526 million that should have been, but was not, reported to the Congress by the President. These funds were appropriated to the Office of Refugee Resettlement for refugee and entrant assistance activities. Because it appeared that there were no plans to make the funds available before they were to expire at the end of fiscal year 1985, we reported the withholding as a rescis- sion proposal under section 1012 of the Impoundment Control Act, 2 U.S.C. S 683. Under section 1015(a), our report had the same legal effect as a rescission proposal transmitted by the President under section 1012. (A detailed discussion of the circumstances surrounding the withholding and an analysis of the legal issue involved are contained in our September 26 report to the Congress, a copy of which is enclosed.) Under section 1012(b) of the Impoundment Control Act, 2 U.S.C. S 683(b), funds proposed for rescission must be made available for obligation unless the Congress completes action on a rescission bill before the expiration of the 45-day period of continuous session of the Congress following the day such proposal is received by the Congress. For the $11.526 million which was the subject of our September 26 report, this 45-day period expired on November 10, 1985, without the GAO/OGC-86-2 0) L\o

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