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B-300480.2 1 (2003-06-06)

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       Accountability * Integrity * Reliability
United States General Accounting Office
Washington, DC 20548

         B-300480.2





         June 6, 2003

         The Honorable Christopher Bond
         Chairman
         The Honorable Barbara Mikulski
         Ranking Minority Member
         Subcommittee  on VA, HUD, and Independent Agencies
         Committee  on Appropriations
         United States Senate

         Subject: Corporation for National and Community Service: Amount of Obligations

         This responds to your request of May 20, 2003, that we review the conclusion of the
         Office of Management and Budget (OMB)  that the Corporation for National and
         Community  Service (Corporation) may continue to record obligations based on the
         Corporation's estimates of the amount of funds [it] will actually have to pay for the
         [national service educational] awards that are earned and used rather than recording
         its maximum  potential liability. See Letter of May 2, 2003 from Phillip Perry, General
         Counsel, OMB, to Frank Trinity, General Counsel, Corporation for National and
         Community   Service. OMB's position is, as you know, at variance with our prior
         advice on this matter. B-300480, April 9, 2003. Specifically, you asked whether OMB
         has offered a legal basis for the Corporation to deviate from the requirement to
         record obligations according to fiscal law requirements upon grant award.

         As noted below, we continue to disagree with OMB's legal conclusion that the
         Corporation may record its obligations for education benefits on the basis of
         estimates of what it will have to pay when education awards are earned, i.e., its
         probable accounting liability, rather than according to fiscal law requirements, i.e., its
         maximum   potential liability. At the same time, we note that Congress has provided
         specific statutory flexibility to address situations where certain probable accounting
         liabilities may likely be greater or less than the real economic costs to the
         government, for example, the Federal Credit Reform Act of 1990 (Pub. L. No. 101-508,
         title XIII, § 13201(a), i.e., credit reform. Congress may wish to provide similar
         flexibility to the Corporation in obligating national service education awards.

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