[House Document 107-265]
[From the U.S. Government Publishing Office]
107th Congress, 2d Session - - - - - - - - - - - - House Document 107-
265
DEFERRALS OF BUDGET AUTHORITY
__________
COMMUNICATION
from
THE COMPTROLLER GENERAL,
THE GENERAL ACCOUNTING OFFICE
transmitting
A REPORT OF DEFERRALS OF BUDGET AUTHORITY, PURSUANT TO 2 U.S.C. 685
September 24, 2002.--Referred to the Committee on Appropriations and
ordered to be printed
Comptroller General of the United States,
General Accounting Office,
Washington, DC, September 4, 2002.
Hon. J. Dennis Hastert,
Speaker of the House of Representatives,
Washington, DC.
Dear Mr. Speaker: On May 3, 2002, the President submitted
to the Congress his first special impoundment message for
fiscal year 2002. The message reports two deferrals of budget
authority. On May 31, 2002, the Office of Management and Budget
reappointed the budget authority withheld under these two
deferrals and withdrew the deferrals after concluding that the
funds do not meet the definition for deferrals contained in the
Impoundment Control Act, 2 U.S.C. Sec. Sec. 681-688, as
amended. Therefore, as of June 1, 2002, no funds are being
deferred.
Under 2 U.S.C. Sec. 685(b), the General Accounting Office
is required to review each special impoundment message and
inform the Congress of the facts surrounding each proposed
deferral of budget authority and whether or not such proposed
deferrals are in accordance with existing statutory authority.
After reviewing the relevant documents, our Office has no
objection to the withdrawal of the deferrals.
Under the Impoundment Control Act deferrals are permissible
only (1) to provide for contingencies; (2) to achieve savings
made possible by or through changes in requirements or greater
efficiency of operations; or (3) as specifically provided by
law. 2 U.S.C. Sec. 684(b). No officer or employee of the United
States may defer any budget authority for any other purpose.
Id. However, our decisions distinguish between programmatic
withholdings outside of the reach of the Impoundment Control
Act and withholdings of budget authority that qualify as
impoundments subject to the Act's requirements. Programmatic
delays typically occur when an agency is taking necessary steps
to implement a program even if funds temporarily go
unobligated. See B-171630, May 10, 1976 (delay of grant awards
pending issuance of implementing regulations is a programmatic
delay). Thus, the Act does not apply to a delay in obligating
funds due to program-related factors. B-290659, July 24, 2002;
B-207374, July 20, 1982; B-205053, May 17, 1982.
The budget authority for the first submitted deferral of
United States Emergency Refugee and Migration Assistance funds
was being withheld pending a determination of the President to
provide emergency assistance and designating the refugees to be
assisted by the fund. The budget authority for the second
submitted deferral for International Assistance Programs was
being withheld pending the development of country-specific
plans that assure that aid is provided in an efficient manner.
The delays associated with obligating these funds are more akin
to programmatic delays than to impoundments, and OMB need not
have reported the funds as deferred. Thus, we do not object to
the withdrawal of the two previously reported deferrals.
We also want to point out that OMB is required to send the
Congress a supplementary message if anything contained in any
special message is subsequently revised. 2 U.S.C. Sec. 685. As
mentioned above, OMB used its cumulative report to the Congress
to advise that it had reapportioned the two previously reported
fiscal year 2002 deferrals and removed the deferral
designations. OMB explained that based on a recent analysis,
the funds did not meet the definition for deferrals contained
in the Impoundment Control Act. Although the cumulative report
may serve as an effective vehicle to report subsequent
revisions to previously submitted impoundments, we believe the
narrative in the cumulative report could have been improved by
additional detail explaining why the deferrals were withdrawn.
Since the President has been routinely reporting the deferrals
in these accounts since the 1970's, a more detailed explanation
would have been helpful to the Congress to understand why the
long-reported deferrals no longer met the definition for
deferrals contained in the Impoundment Control Act. See
Emergency Refugee and Migration Assistance Fund deferral number
D80-18 (October 1, 1979) and International Assistance Programs
deferral number D80-1 (October 1, 1979).
In sum, our Office has no objection to the withdrawal of
the deferrals. However, a more detailed explanation would have
been helpful to understand OMB's rationale for withdrawing the
previously submitted deferrals.
Sincerely yours,
David M. Walker.