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B-222215 1 (1986-03-28)

handle is hein.gao/gaobadtca0001 and id is 1 raw text is: U-.---


                       COMPTROLLER GENERAL OF THE UNITED STATES
i                               WASH4INGTON D.C. 24

                                           March 28, 1986


   B-222215



   The Honorable Thomas R. Carper

   House of Representatives

   Dear Mr. Carper:

        In your letter of February 19, 1986, you indicated that
   the Office of Juvenile Justice and Delinquency Prevention
   (OJJDP), Department of Justice, withheld $70.2 million from
   obligation for 2 months before reporting an impoundment to the
   Congress. You asked why we did not report the withholding
   pursuant to the Impoundment Control Act at some point during
   that 2-month period.

        As explained below, we did not report a withholding
   during that 2-month period for two reasons. First, we were
   initially unable to confirm that an impoundment was taking
   place. Second, when it became clear that an impoundment had
   begun on January 7, we had received assurances that the
   president would report it within a reasonable time. Although
   an unreported impoundment lasting less than 1 month did take
   place, the Congress was not in session during about 10 days of
   that time and could not have acted on the impoundment. Based
   on the now-reported rescission, the funds must be released on
   April 16.

        As you know, section 1015(a) of the Impoundment Control
    Act, 2 U.S.C. S 686(a),. authorizes the Comptroller General to
    report to the Congress impoundments which the President fails
    to report. Because of inquiries from a number of sources, we
    began inquiring, on December 17, 1985, about an alleged
    withholding of funds by OJJDP. On December 19, a story
    appeared in the Washington Post which seemed to confirm the
    existence of an impoundment.

        Officials of the Office of Management and Budget (OMB)
    denied any withholding by it; and Department of Justice
    officials told us that OJJDP was moving ahead in good faith to
    obligate funds. Although OJJDP was slow in approving grant
    applications, it was obligating some funds. While not all
    grants had been awarded, we found that the pace was not
    significantly slower than in prior years. Deferrals are often
    difficult to distinguish from legitimate programmatic delays,




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