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B-330045.1 1 (2018-05-24)

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


B-330045.1

May 24, 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: Release of Certain Withheld Amounts

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); see Congressional Budget and
Impoundment Control Act of 1974 (ICA), Pub. L. No. 93-344, title X, § 1012, 88 Stat.
297, 333-34 (July 12, 1974), classified at 2 U.S.C. § 683. In accordance with our
statutory duty to assist the Congress by reviewing the special message, we submitted a
letterto you on May22. B-330045, May 22, 2018; see ICA § 1014(b), 2 U.S.C.
§ 685(b).

In our letter, we reported that two proposals, R1 8-28 and R1 8-30, were not consistent
with section 1001(4) of the ICA, which provides that the Act does not supersede any
provision of law that requires the obligation of budget authority or the making of outlays
thereunder. 2 U.S.C. § 681(4); B-330045, at 10-11. Accordingly, we concluded that
these amounts could not be withheld from obligation pending congressional
consideration of the rescission proposal.

On May 22, the Office of Management and Budget (OMB) advised us that it had
instructed the Department of Transportation to release the funds previously withheld
from obligation under rescission proposals R18-28 and R18-30. OMB also approved
revised apportionment schedules for the affected accounts. We reviewed these revised
schedules and they reflect the release of the previously withheld funds.

If you have any questions, please contact Julia C. Matta, Managing Associate General
Counsel, at (202) 512-4023, or Omari Norman, Assistant General Counsel for
Appropriations Law, at (202) 512-8272.




Thomas H. Armstrong
General Counsel

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