Status of Budget Authority Proposed for Rescission

OGC-86-2: Published: Dec 16, 1985. Publicly Released: Dec 16, 1985.

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GAO reported on the status of budget authority proposed for rescission for which Congress failed to pass a rescission bill before the 45-day statutory withholding period expired.

Despite the expiration of fiscal year availability, $11.526 million of the Department of Health and Human Services (HHS) Office of Refugee Resettlement's appropriations have remained available by court order pursuant to a lawsuit brought by Congress and others to compel the obligation of the funds. A district court denied an HHS motion to stay its order pending an appeal, and a court of appeals also denied an HHS emergency motion requesting a stay of its order. In response to this, the Office of Refugee Resettlement began awarding grants to states, advising them that the grants were subject to the litigation and that they should be prepared to reimburse HHS if the court accepts its arguments in the case. Oral arguments are scheduled for January 1986.

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