About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

B-330045 1 (2018-05-22)

handle is hein.gao/gaobaduqf0001 and id is 1 raw text is: 



cAO U.S. GOVERNMENT ACCOUNTABILITY OFFICE
441 G St. N.W.
Washington, DC 20548



B-330045

May 22, 2018

The Honorable Michael R. Pence
President of the Senate

The Honorable Paul Ryan
Speaker of the House of Representatives

Subject: Impoundment Control Act of 1974: Review of the President's Special Message
        of May 8, 2018

Under section 1012 of the Congressional Budget and Impoundment Control Act of 1974
(ICA), the President may transmit to Congress a special message proposing that
Congress rescind budget authority. Pub. L. No. 93-344, title X, § 1012, 88 Stat. 297,
333-34 (July 12, 1974), classified at 2 U.S.C. § 683. Pursuant to this authority, on
May 8, 2018, the President transmitted to Congress a special message proposing
rescissions from 38 appropriation accounts. 164 Cong. Rec. S2548 (daily ed. May 8,
2018); 83 Fed. Reg. 22525 (May 15, 2018). Where the President properly transmits a
special message, an agency may withhold corresponding amounts from obligation for a
limited time period. ICA, § 1012(b), 2 U.S.C. § 683(b).

We are submitting this letter pursuant to our statutory duty to assist Congress by
reviewing the special message. ICA, § 1014(b), 2 U.S.C. § 685(b). We performed a
review of each of the President's 38 proposed rescissions:

    1. Consistent with section 1015(b) of the ICA, we concluded that each proposed
       rescission was properly classified as a rescission proposal and not as a
       deferral. 2 U.S.C. § 686(b).

    2. After the President transmits the special message, the Office of Management
       and Budget (OMB) transmits updated apportionments to the directly affected
       agencies. These apportionments may instruct agencies to withhold budget
       authority from obligation pending congressional action on the proposed
       rescission. We reviewed the updated apportionments for this special message
       to ensure their instructions were consistent with the special message. We
       found that for 32 proposals, OMB instructed agencies to withhold from
       obligation an amount equal to the amount proposed for rescission. For 6
       proposals, OMB instructed agencies to withhold from obligation an amount less
       than the amount proposed for rescission. In no case did OMB instruct an
       agency to withhold from obligation an amount greater than that proposed for

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most