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B-207373 1 (1982-05-17)

handle is hein.gao/gaobachib0001 and id is 1 raw text is: -207373 May 17, 1982 The Honorable Lawton Chiles Committee on the Budget United States Senate Dear Senator Chiles: In your recent letter, you asked for our legal opinion on a development concernipg funding for the Cuban/Haitian Entrant Assistance account in the Department of Health and Human Ser- vices. Specifically, the Department asked both Appropriations Committees for approval to reprogram $35 million for targeted assistance, within the lump sum appropriation for Cuban-Haitian Entrant Assistance. The Chairman of the Subcommittee on Labor, Health and Human Services, and Education Appropriations, House Appropriations Committee, suggested in his response that the Department retain $15 million of the $35 million as an emer- gency reserve. For the reasons set forth below, we agree with you that committee approval of the reprogramming request is not a legal prerequisite for the Department to carry out its plan for using $35 million of the lump sum appropriation for targeted assist- ance, although of course consultation with the cognizant commit- tees on reprogrammings, either on the agency's initiative or at the committees' request, is an accepted and prudent procedure. Further, we agree that if the Department were to set aside the $15 million as an emergency reserve without even any asserted programmatic justification, that action would constitute a with- holding of budget authority required by the Impoundment Control Act to be reported to the Congress. We have found no indication that such an impoundment is taking place. Background -In fiscal year 1981, separate appropriations were provided for Cuban and Haitian Entrants Reception and Processing 1/ and 11 Reception and Processing, authorized by section 501(c) of Y the Refugee Education and Assistance Act of 1980, Pub. L. No. 96-422, is for prccessing, care, maintenancef secur- ity, transportation, and initial 'reception and placement of Cuban and Haitian entrants.

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