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OGC-91-9 1 (1991-06-11)

handle is hein.gao/gaobabqyf0001 and id is 1 raw text is: 



Comptroller General
of the United States
Wahington, D.C. 20548






June 11, 1991                                   144157

To the President of the Senate and the
Speaker of the House of Representatives

On April 16, 1991, the President submitted to the Congress his
fourth special impoundment message for fiscal year 1991. The
message reported one proposed rescission of budget authority
totaling $2,400,000 from funds appropriated to the Department
of Health and Human Services, Family Support Administration,
for interim assistance to states for legalization. We have
reviewed the proposed rescission as required by the
Impoundment Control Act and have the following comments.

As you know, the President's justification for the proposed
rescission is that its approval would eliminate the need for a
sequester of domestic discretionary resources in fiscal year
1991 (calculated by OMB to be .0013 percent of sequesterable
domestic budget authority). In the Administration's opinion,
the sequester action was necessary because the Dire Emergency
Supplemental Appropriation for fiscal year 1991, Pub. L.
No. 102-27,      Stat.     (1991), exceeded by $2.4 million the
domestic discretionary spending cap established by the 1991
Budget Reconciliation Act. On April 25, 1991, OMB issued a
within-session sequester report and the President ordered a
sequester of budgetary resources in domestic discretionary
accounts of .0013 percent. See OMB Bulletin No. 91-11,
April 25, 1991.

In our view, OMB's scoring of two provisions in the Dire
Emergency Supplemental as new budget authority was erroneous.
B-243744, Apr. 24, 1991. Since, in our opinion, the language
of the two provisions did not create any new budget authority,
the discretionary spending cap was not breached. Accordingly,
no mid-session sequester was necesssary, and the proposed
rescission was not needed.










                                                   GAO/OGC-91-9


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