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B-115398 1 (1976-06-11)

handle is hein.gao/gaobaddkv0001 and id is 1 raw text is: * . THE COMPTROL .,R GENERAL ECISION . OF THE UNITED STATES WASHINGTON, D. C. 2054B FILE: DATE: JUN 111975 B-115398 MATTER OF: o Payment to States of 50 percent of food stamp I program administrative costs DIGEST: Neither delay by Department of Agriculture (DA) in promulgating regulations to implement § 2 of Pub. L. No. 93- 347, which authorized payment to States of 50 percent of all food stamp program administrative costs, nor DA's failure to eventually provide for such payments prior to October 1, 1974, constitutes deferral of budget authority within application of Impoundment Control Act, Pub. L. No. 93-344, title X, since DA's approach to implementation of 50 percent payments does not involve formal reserve or withholding of budget authority, and October 1 implementation date has been ratified by the Congress. This decision is in response to numerous inquiries which we have received concerning whether the approach employed by the Department of Afyritnil tiirp (TIA) ro fto Jrm a~T* f4% ^IF - ---------;a;- ment to State agencies of 50 percent of their total administrative costs under the food stamp program constitutes a deferral of budget authority within the meaning of the Impoundment Control Act of 1974, approved July 12, 1974, Pub. L. No. 93-344, title X, 88 Stat. 332. Among other things, the Impoundment Control Act requires that the President transmit to the Congress special messages concerning deferrals of budget authority,' and subjects such deferrals to specified congressional review and disapproval procedures. Sec- tion 1015(a) of the Act provides in substance that, when the President fails to transmit a special message in circumstances which constitute a de facto deferral of budget authority, the Comptroller General shall report such deferral to the Congress, and tne Comptroller Gleneral's report shall have the same effect as a Presidential special message in terms of triggering congressional review and disapproval procedures. See our letter to the Speaker of the louse of Representatives and the President krR tempore of the Senate dated December 4, 1974, 3-115398, H. Doc. No. 93-404 (1974), for a general discussion of the Impounment Control Act. It is the position of the executive branch, through DA, that the instant matter does not involve a deferral of budget authority within the application of the Impoundment Control Act, and the President has

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