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OGC-82-9 1 (1982-03-10)

handle is hein.gao/gaobactvp0001 and id is 1 raw text is: COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON D.C. 204a B-205a53 March 10, 1982 To the President of the Senate and the Speaker of the House of Representatives On February 5, 1982, theiPresident's eighth special message for fiscal year 1982 was transmitted to the Congress pursuant to the Impoundment Control Act of 1974. The special message pro- poses 22 rescissions of budget authority totalling $10,655 mil- lion, 14 new deferrals totalling $2,334 million, and revisions to seven previously reported deferrals which increase the amounts deferred by $768 million. At the request of Congressman Peter A. Peyser, we examined an impoundment of Library Services and Construction Act funds which was later submitted by the President in his eighth special message as rescission proposal R82-17. In an opinion dated Feb- ruary 5, 1982, we concluded that the Impoundment Control Act does not provide authority for the impoundment of funds under titles I and III of the Libraries Act. Our conclusion was based on application to the Libraries Act of the so-called fourth disclaimer of the Impoundment Control Act, 31 U.S.C. S1400(4), which provides that: Nothing contained in this Act or in any amendments made by this Act, shall be construed as-- (4) superseding any provision 117797 of law which requires the obliga- tion of budget authority or the making of outlays thereunder. Our opinion involving the Libraries Act is consistent with other opinions issued by our Office between February 19, 1981, and December 31, 1981. These opinions interpret the fourth dis- claimer's reference to laws requiring the obligation of budget authority as including those laws that evidence a statutory scheme to require use of budget authority though not expressly prohibiting impoundment. Following issuance of our February 5 Libraries Act opinion, we met with Office of Management and Budget staff who informed us that they believed the fourth disclaimer applies only to statutory provisions that expressly prohibit impoundment. OGC-82-9

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