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B-115398.33 1 (1978-04-05)

handle is hein.gao/gaobadtma0001 and id is 1 raw text is: 

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COMPTROLLER GENERAL OF THE UNITED STATES
         WASHINGTON, D.C. 20548


April 5, 1978


IN REPLY  B-i15398 .33
REFER TO:I


The Honorable Richard S. Schweiker
Labor-HEW Appropriations Subcommittee
Committee on Appropriations
United States Senate

Dear Senator Schweiker:

     This replies to your letter of February 24, 1978, in which
you and Senator Magnuson, Chairman of of the Subcommittee, asked
that we review the approved personnel ceilings of the various
programs within the Public Health Service of the Department of
Health, Education, and Welfare (HEW). You also asked whether
the imposition of hiring ceilings below those authorized by
the Congress constitutes a withholding of budget authority
within the scope of the Impoundment Control Act of 1974.

     The enclosed charts, covering fiscal years 1976, 1977,
and part of 1978, contain the results of our review. Included
is information regarding the positions authorized by the rele-
vant committee reports, hiring ceilings imposed by HEW, and
positions actually filled. In sum, we found that for the entire
Public Health Service, the total number of positions filled
was 2 percent below the authorized level in fiscal year 1976
and 3 percent below the authorized level in fiscal year 1977.
For the first part of fiscal year 1978 (through December 1977),
the number of positions filled was 8 percent below the author-
ized level. HEW officials told us that additional hiring dur-
ing the remainder of this fiscal year is expected to reduce
substantially the number of existing vacancies.

     You also asked whether hiring limitations imposed by HEW
constitute illegal impoundments under the Impoundment Control
Act of 1974.

     The Impoundment Control Act applies only to the rescis-
sion or deferral of budget authority. A lump-sum appropria-
tion for programs A, B, and C used to carry out only program
C would not necessarily indicate the existence of impound-
ments regarding programs A and B. So long as all budgetary
resources were used for program C, no impoundment would occur
even though programs A and B remained unfunded. Thus, in the
case of a lump-sum appropriation for salaries and expenses


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