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OGC-86-22 1 (1986-09-19)

handle is hein.gao/gaobaboei0001 and id is 1 raw text is: 0 Comptroller General of the United States Washington, D.C. 20548 B-220532 September 19, 1986 To the President of the Senate and the 131111 Speaker of the House of Representatives On June 24, 1986, the President's seventh special message for fiscal year 1986 was submitted to the Congress pursuant to the Impoundment Control Act of 1974. The President reported the following four deferrals, affecting budget authority made available to the Departments of Energy (DOE) and Health and Human Services (HHS): D86-67 DOE, Fossil Energy Research and Development $499,812 D86-68 DOE, Energy Conservation $287,488 D86-69 DOE, Strategic Petroleum Reserve $636,973 D86-70 HHS, Health Care Financing Administration, program management $45,000,000 Although these deferrals were reported on June 24, the withholding of the DOE funds was initially approved by the Office of Management and Budget (OMB) in April, according to apportionment schedules dated April 3, 1986. OMB officials told us that the delay in reporting was due to the Administration's decision to re-examine each deferral in light of the decision in New Haven v. United States, No. 86-0455 (D.D.C. May 16, 1986).1/ We have reviewed these four deferrals. We found that D86-70, classified by the President as a deferral, is a rescission. The enclosure provides all information we identified which we believe will be useful to the Congress in its examination of these impoundments. I Comptroller neral of the United States Enclosure 1/ The United States District Court for the District of Columbia held unconstitutional the President's authority under the Impoundment Control Act to defer budget authority. The court's decision was stayed pending appeal; the Department of Justice is appealing. GAO/OGC-86-22

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