Funding for the Cuban/Haitian Entrant Assistance Account

This letter is GAO's response regarding their legal opinion on a development concerning funding for the Cuban/Haitian Entrant Assistance account in the Department of Health and Human Services. Specifically, the Department asked both Appropriations Committees for approval to reprogram $35 million for "targeted assistance," within the lump sum appropriation for Cuban-Haitian Entrant Assistance. The Chairman of the Subcommittee on Labor, "Health and Human Services, and Education Appropriations, House Appropriations Committee, suggested in his response that the Department retain $15 million of the $35 million as an emergency reserves.

GAO expresses no opinion on whether that action, if taken by HHS, would constitute a deferral or rescission. GAO found, as a result of some preliminary inquiries, that HHS has not at this time taken the proposed action. In the absence of an actual case, GAO believed no useful purpose would be served by speculation, on the precise type of impoundment.