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ACG-76-9 1 (1975-11-06)

handle is hein.gao/gaobaaazs0001 and id is 1 raw text is: < ,COMPTROLLER GENERAL OF TIP: UNITED STATES WASHINGTON, D.C. Z0548 L'Nj~>~ N vemb r 6 975 IIIIflIII IIIII I I II November 6, 1975 L063 LM096931 B-115398 ' -7 /9'*oscer' .4rec /,jS I'dn Ir e -6,c Speaker of the House . T ' j AVI.A!LE President of the Senate The President's first special message for fiscal year 1976, dated July 1, 1975, contained three proposed rescissions of budget authority. R76-1 and R76-2 proposed rescissions of $90 million and $25 million in budget authority for the Department of Transportation, Federal Highway - Administration and R76-3 proposed a rescission of $8.665 million in budget authority for the Department of the Treasury. Section 1012(b) of the Impoundment Control Act requires the funds proposed to be rescinded to be made available for obligation unless the Congress completes action on a rescission bill within a prescribed 45-day period. In this case, congressional action was not completed and the prescribed 45-day period expired on September 22, 1975. OMTB officials have informed us that all funds proposed for rescis- sion in R76-3 have been released and we have confirmed with Treasury officials that the funds have been made available for obligation. There- fore, no other action on our part is required on this rescission. Funds proposed to be rescinded in R76-1 and R76-2, however, have not been released. Section 1016 of the Act empowers the Comptroller General to insLitute a civil action in the United States District Court for the 1)istrict of Columbia to require the budget authority to be released. Congressional actions have taken place, however, which effect the release of budget authority for both R76-1 and R76-2, therefore, we do not plan to initiate a civil suit at this time. Brief explanations of the congressional actions are included below. The Transportation Appropriation Bill 1976, (HI.R. 8365), which has passed both Houses, contains language which would rescind the $25 million of contract authority as proposed in R76-2 and replace it with a regular appropriation of $10 million. The bill is in conference for the resolution of matters unrelated to the replacement of this contract authocity. Since the enactment of that bill would resolve the question of the Adminis- tration's failure to release the Department of Transportation funds, we will defer final decision concerning civil action until the present appro- priation matter is settled. ACG-76-9 AO-U40 o9-3

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