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B-302335 1 (2004-01-15)

handle is hein.gao/gaobacyoc0001 and id is 1 raw text is: 

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7inAccountability * Integrity * Reliability
United States General Accounting Office
Washington, DC 20548

         B-302335




         January 15, 2004

         The Honorable Robert C. Byrd
         Ranking Minority Member
         Committee  on Appropriations
         United States Senate

         Subject: Proposed Rescission by Department of Commerce of Unobligated
                 Emergency  Steel Guarantee Loan Program Appropriation

         Dear Senator Byrd:

         This responds to your request of December 22, 2003, for our opinion on the
         Department of Commerce's  (Department) plan to rescind $17.711 million of the
         unobligated balance of amounts appropriated for the Emergency Steel Guarantee
         Loan Program (Program).' The Department has indicated that it would draw on the
         unobligated balance of the Program's appropriation to help satisfy a $100 million
         rescission that would be required by H.R. 2673, the bill making omnibus
         appropriations for fiscal year 2004, if enacted. You asked whether the unobligated
         balance of the Program's appropriation is available to the Department for that
         purpose. For the reasons provided below, we conclude that the Program's
         appropriation is not available to the Department for purposes of the $100 million
         rescission.

         BACKGROUND

         In the findings section of the Emergency Steel Loan Guarantee Act of 1999 (Steel
         Act), Congress noted the loss of jobs and company bankruptcies in the steel industry
         as a consequence of increases in steel imports. Emergency Steel Loan Guarantee Act
         of 1999, Pub. L. No. 106-51, §101(b), 113 Stat. 252 (1999). Congress found that a

         1 Section 10 1(d) of the Emergency Steel Loan Guarantee Act of 1999, which
         established the Program, refers to the Emergency Steel Guarantee Loan Program.
         Pub. L. No. 106-51, §101(d), 113 Stat. 252 (1999). However, in other places in the
         same act, such as the caption in Section 101, the Program is referred to as the
         Emergency  Steel Loan Guarantee Program.

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