DCCUMENT BESURME - 04017 - r B3054325 fProj.os&d escissiop of General Criminal Justice and Correcticmns Grant Fundsl. GC--78-3; B-115398. Oct:ker 2, 1S77. 2 . q, Repcrt to the Congress; by obert F. Keller, Acting Comptrcller GeL erai. contact: Office of the General Counsel. Sudqet Function: Miscell.aneous; Impoundment Ccntrol Act of 1974 (1005) . Orqanization Concerned: Law Enforcement Assistance Ad minis tra tion. Conqressioradl Relevance: Congress. Authority: Impoundment Control Act of 1974, sec. 1015. - Th President's first special message for fiscal year 1978 pursuant to the Tpoundment Control Act of 1974 proposed the rescission of $2.6b8 million in general crlminal justice and - corrections rant funds appropriated to the Law ntcrcement Assistalnce Administration (LEAA). Hovever, the roposad leu-slative language submitted for congressional aprrcval with -,he rescissicn request does not propcse the rescission o the money but rther the transfer of the funds. F indlnqs/Conclusions: The roposal states that te funds scught t)r rescission are moaeys that reverted to the LEAA for general application since the St.ates and local governments tc which they were allocated did not use them. Although the essage indicates trat LAA could use the moneys, the resident stated that a qreatar need for the funds exists in ther activities of he Department of Justice, Accordingly, the $2.668 illion has been proposed for tranzfer to those acounts. The prcposal tc rescind the udqet athority is inconsistent ith seeking its transfer. rne tresien snuld have proposed a dezerral ct the mcneys in the LEAA account pending congressional acticn on the legislative re-quest to transfer the tunds, By so doing, the Ccijgress has an opportunity to demand release cf the funds to IEAA, and, in the absence ot sucn congressional action, the budget authority is preserved o, use in either the original LEAA account or the Departrent ccouts, deperding on t co. 7ressionai disposition of he trarsaer request. The authority of section 1015 ct the Impcundment Corn-rol Act is exercised to conver+ the rescissJon propcsal to a proposed deferral of the $20668 .'iion. (SC) COMPTROLUL.R VENINAL. OF THE UNITED STATES WASHIN(;TON. D.C. 204U ~~ ~?~/~ ,N-~Y October 28, 1977 RI B-115398 B-115398 To the President of the Senate and the Speaker of the House of Representatives On September 23, 1977, w received copies of the President's first special massage for fiscal year 1978 pursuant to the Impoundment Control Act of 1974. In ts essage, the Prek.ident proposed the rescission of $2.668 million in general criminal justice and corrections grant funds appropriated to the Department of Justice, fLaw Enforcement Assistance Admini- stration (LEAA). The proposed legislative language submitted for congressional approval with the rescission request, however, does no': propose the rescission of the $2.668 million but rather the transfer of the funds. The proposal states that the funds sought for rescission are moneys that reverted to the LEAA for general application since the States and local governments to which they were allocated did not use them. Although the message indicates that LEAA could use the moneys, the President stated that a greatcr need for the funds exists in other activities of the Department of Justice: salaries and expenses for general legal activities and salaries and expenses of the antitrust division of the Department. Accordingly, the $2.668 million has been proposed for transfer to these accounts. In discussing the subject rescission proposal with LEAA officials, we were informed that the $2.668 million repre- sents reversionary funds--block grant funds awarded to the States that are required by LEAA regulations to be returned if not expended withi 3 years. We were told that the $2.668 mill ' could be used by LEAA, for example: discretionary grant tc the State of for a large career criminal program for - :ate agreed to us!: $1.5 million of State funL -- To se the small State supplement program, which _ir reduced substantially in fiscal year 1978 below the fiscal year 1977 level--from $3,000,000 to 1,800,000--because of a reduction in the overall OGC-78-3 B-115398 LEAA appropriation for 1978. (The small State upple- ment program is a discretionary grant program of LEAA to supplement the funds available for plmnrning and administration by the State planning agencies of 16 small States.) LEAA believes that these States do not receive sufficient funds under the statutory formula for planning purposes. We conclude from the information available to us that the funds are not regarded as excess to the needs of the Department. Indeed, the proposal to rescind the budget4 authority is incon- sistent with seeking its transfer: i.e., f the rescission were approved there would not be any budget au.lority to transfer to the Department's accounts in which the greater need is said to exist. We believe the President should have proposed a deferral of the $2.668 million in the LEAA account pending congressional action on the legislative request to transfer the funds. y so doing, the Congress has an opportunity to demand release of the funds to LEAA, and in the absence of such congressionial action, the budget authority is preserved for use in either the original LEAA account or the Department accounts, depending upon the congressional disposition of the transfer request. Section 1015 of the Impoundment Control Act, among other things, authorizes the Comptroller General to reclassify pro- posed rescissions of budget authority to proposed deferrals when he believes that a presidential request to rescind budget authority should have been reported as a proposed deferral. Accordingly, we are hereby exercising the authority of section 1015 to convert rescission proposal number R78-1 to a proposed deferral of the $2.668 million. AC*tq Comptroller General of the United States - 2-
Proposed Rescission of General Criminal Justice and Corrections Grant Funds
Published by the Government Accountability Office on 1977-10-28.
Below is a raw (and likely hideous) rendition of the original report. (PDF)