Comptroller General of the United States

Washington, D.C. 20548

46096.8

i1 0, 1992

The Honorable Ranking r

u.s.

Dear senta

p,1cDade

ons

In the st we .ave ~ ~ _ y rovided a variety rescissions proposed and enacted

Control Act f 1974 to he statistical data from passage 0

present. dec ded processes J:..~cco

:=.he

erest n s data, we have co lection and reporting

s ission proposals. apprised 0 the amount and enac~edf we Wl

perio call the

from :. 74 to number and

proposed the number

a list of rescissions proposed by the President and enacted the ress from 9 4 to the present (Attachment

and,

rescissions initiated and Cc ress rom 197 to t rescissions which were

he resi Sf special Att chmen

We a so wish . +-OlnL C)ut the current ct ~ flects adju tments 0 previously

ubmitted hi tab es. ?or amp e, we have added several resc;ssions which were not styled such in the app icable leg sl credited certain rescissions to a

revious 1 di and s rch, for "Jarious

asons, ~~s ~Ne identi r • f ure

ubmi s

c

81JMMAHV Of i1ESCISSIONS ENAClEO BY CONGRESS fl!:lCAl YEN~: 11H4- Cl.JRHENT

T 00iI Amluilt d PI~

Ei1Old.OO by f!~! C .. ollgn.l~

I) 1 II Ii :2 206.419.000 (I (I

1 2.()53.000 I 0 2 36,000.000

111.12IUOO .. 000 4 143.210.000 1.1161.081.000 IS8 113.689.000

:I 65.315.000 I) II S 4.365.486 .000

11:11 oS 10.880.9S5.560 :u nl.61H1.+t6

It 123.608.000 5 518.855.000 8 813,600,000 1 148.331.000 ~ 388.2116.310 (I 0

3241 -4 $UI31H543661

Pl!lJW~!i<d 18~ ih6lda1l1i1lU11.li of

M. AlIlIIiI Y@l/iI' 1"1. iIfl(lIOI/!i<d an" <Ii!t18 Pi8~ In filalll VIMIf 1HO. 41 dayllIIft4I€ ih6 bids ~ 118 AI:J. The ~

ruduUl: c.lltnill DiWki C4KWar. _'.""' ............ In ~ rNdllbl R80--4; IIIUIk:ln 10

8il31111. AItI;oo(a - $1,&00.000 In pqohld r~ 1'181_" 11'1 000, INPAfB, OhIo - $53,000 til pqlOI8d readuloo f~10.

11II4:.U~OO piqxl~ klf $t 142.384.000 IJ~ by Pr~ C8/tBl bNl ~ Inltllia ~ hC8U18 UWI r8lldutooa W«8 OOiMIi1.Ild ~

h1i RIta 6p&daI ~~ ... fllOllll VIiIIlIiI" 1981,

I~ III UlldlllWiUd dufilio reaaawlI d 1r~8 ~ ~i11I9d.. (MelillrlWwle)

Nuntlef(' Rudubll ~

!N r..glll~!!

21 26 11 11 61 52 ., 12 1

11 5

4S 33

1 4 :3 I)

1 3

3rol

1 WlI Mlluni d Raadlllolil IIlIUIlad blf Q!U!!!

1.415..561.000 1.420.441.000 2.304.888.000

325.913.000 3.888.883.000

12,351.380.815 5.408.410.000 5.458.821.000 2.188.689.000

310.805.000 48.432.000

3.138,490.800 3,238_.100

41.soo.000 61.114.000

112.122.843 II

4.008.104 1.400,.412.000

$43J98239.022

Aliadllnwlll

fOOd T <tlil1Im:Jt.D cI Ri~ ~AIJIIlcdy ~~ ... R@~~ ..

21 1.415..561._ 34 1.101.881._ 11 2.304 •••• 12 3:l1 ..... 81 3._,-_ 54

12 ___

11 5,.562.120_ 11111 5.0SU28 •• 10 U"",OI4 •• 11 310.106 •• 10 4.413,91'.00

t44 14.811.421.15b 81 4.015.102.541 10 n1.101J ••

Q 585.819 •• 12 •• 412.143 1 148,381 ••

39 381,286.014 :3 1,400.412.000

102 $63.109.693.388

o 8 o o

8

"Iolal nount

Presidential oroDosals accented bv

lotal Amount

1 a 0 2 36,000,000 4 143,210.000

98 173,699.000 3 55.375,000 0 ° 5 4,365,486,000

101 10,880,935,550

214 $1

0% 27%

0% 0%

3% 5%

40% 33%

0% 16% 76%

36%

Attachment II

ResciSSions 1I1iti!ltE?d Bush Administration

Number

1

27 26 71 11

"" -

Total

1,415,567,000 1.420.467.000 2,304,986,000

325,913,000

5.466,933,000

Rescissions initiated by Congress 9\!!i!~g Re~ga!l Administration

Number Total Amount

0 61 3,888,663,000 52 12,359,390,675

7 5.409.410,000 12 5.458,621,000

7 2,188,689.000 11 310.605.000 5 48.432.000

43 3,736,490,600

198 $33,400.301.275

Number Total Amoullt

0 0 0% 34 9 82% 5 42% 2 29%

116, U50,4461 56%

Plesident Carter were converted to deferrals of Fiscal Year 1981, dated 13, 981

1 7

38 o

Tolal Amount

$1

717,600,000 148,331,000

370 o

AttAchment II (continued)

Rescissions Initiated by Congress pur!!!9_ cart~!f.!!~,i!!istratlon

Number

o 33

1 4 3

t"

Tolal Amount

o 3.238.206,100

41,500,000 61.164.000

172.722.943

$3.525,593,043

Rescissions Initiated by Congress Ford Administration

Number

o o 1 3

Total Amount

o o

4.999.704 1 ,400.412.000

$1.405,411

SCOPE AND METHODOLOGY

We prepared the attached lists as follows. To identify Presidential rescission proposals, we reviewed each special message submitted by the Presidents pursuant to the Impoundment Control Act of 1974, 2 U.S.C. 683 (1988), from 1974 through April 14, 1992. To identify rescissions enacted, we analyzed appropriations, supplemental appropriations, and other acts of Congress enacted since 1974. In order to develop a ist of all rescissions enacted during each scal for the subject time period. Our computer-assisted research methodology focused on locating variations of the verb "to rescind" as the operative egislative language. We supplemented our computer-based

research with manual searches of applicable laws, general discussions with other knowledgeable sources such as staff of House Appropriations Committee, and other generally available information. The second step of our search served not only to check the accuracy of the results of our initial research step, but also to capture whose rescissions of budget authority that are not so styled or denoted in the applicable legislation. 1

On the basis of our research, we compiled a list of rescissions scal year from 1974 to 1992. To identify Presidential rescission proposals that were enacted, we matched our list of rescissions against our list of rescission proposals submitted to the Congress by the President pursuant to t Impoundment Control Act.2 We classified those rescissions were not related to Pres ial proposals s ssional i rescissions.

Appropriations) which independently tracks all rescissions considered in the appropriations process. 3 For the most part, our rescission statistics and those of House Appropriations match. There were, however, some rescissions which, for various reasons, we did not discover in our initial search. Moreover, House Appropriations and our Office red on whether some enactments should or should not be counted as rescissions. Following is a brief explanation of our treatment of certa types of rescissions as well as explanations of those items with which we disagreed with House Appropriations.

We have not counted what are legislatively denoted as "rescissions" unless and until we can establish the amount thereof. Once we ascerta the amount of budget rescinded as a result of an indefinite rescission, we adjust our historical data and abIes accordingly.

For example, we did not count a routine annual rescission of contract authority provided to the Land and Water Conservation Fund s the Department of Inte or and Related s Appropriations Acts. ~, Pub. L. 02-154, 5 Stat. 998 ( 991); Pub. L. 101-512, 104 Stat. 1922 (1990); Pub. L. 100-202, 101 Stat. 1329-221 (1987). The reason we in ially excluded this rescission from our statistics was that we did not know the speci c amount of budget authority rescinded when we compiled our stat st cs. We have confi f however, that the annual amount rescinded for fiscal years 1982 to 1992 is $30,000, 00 and now luded these amounts for those f s I years t

date, included these rescission in our statistics. 4 House Appropriations also does not count these as rescissions.

An exception occurred in fiscal year 1986 and involved a $5,250,000,000 rescission of HUD funds for Annual Contributions for Assisted Housing. Pub. L. 99-349, 100 Stat. 727 1986). lly, we viewed this as an indefinite rescission which, as already explained, we typically exclude from our rescission statistics until we can veri the amount of the rescission. This rescission, however, states that "not less than" $5.25 billion shall be rescinded. Since the language rescinds a specific, minimum amount, we have included this amount as rescinded our statist

We also have not counted in previous fiscal years the rescissions contained in the rental housing assistance program or the rent supplement program. These rescissions typically state that limitations applicable to maximum payments are reduced by "not more than" a certain amount. See, Pub. L. 102-139, 105 Stat. 748 (1991). At the time we compiled our statistics, we did not determine the final amount rescinded, and accordingly we have routinely excluded finite rescissions from our calculations. House Appropriations also does not count these rescissions.

Another rescission we did not lude our statistics occurred in fiscal year 1986. The Congress rescinded the unobligated balances of funds available to the U.S. Synthentic Fuels Corporation as of the date of enactment of the of Interior iation 1986. Pub. L.

Stat. 1249 1985) (appropriation accounts: Secur y of the ). The

d not

Other Adjustments Drug Initiative Appropriation Rescissions

In fiscal year 1990, there were several rescissions and reductions of budget authority in the Department of Transportation Appropriations Act for fiscal year 1990. Pub. L. 101-164, 103 Stat. 109, 10 1989). House Appropriations did not count these amounts as rescinded budget author because, their view, Congress was adjusting appropriations to permit funding of certain drug

itiatives. We do not agree that these rescissions are merely adjustments. Rather, we have counted them as rescissions. We consider any legislation that eliminates previous enacted and current available budget authority as a rescission.

In the ation Appropriation Act, signed into law on November 21, 989, there were several rescissions and reductions that affect budget authority previously enacted. For example, we count a reduction of $46,000,000 in budget authority Nuclear Waste Disposal Fund account

ated the and Water Development Appropriations Act, signed on September 29, 1989, as rescission because Ives a cancellation of pre-

st budget authority. . 103 Stat. at 108. Also, we count six rescissions Iv of the Treasury and GSA, . 103 Stat. at 109, 1110, as rescissions because are reductions of currently available budget author y enacted on November 3, 1989, in the Treasury, Postal ce and General Government

ations Act, 1 Pub. 01- 36, 103 Stat. 783 (1989) .

in DoD accounts for I ary construction and family housing. The Congress, however, did not complete action on the proposals within the 45 day period of continuous congressional session specified by the Impoundment Control Act and thus the budget authority was released for obligation on September 24, 1990. See GAO/OGC-90-12, October 4, 1990. On November 5 990, however, 41 days after the funds were released for obligation, Congress, in

scal year 1991, enacted the Military Construction ation Act for that scal year. Pub. L. 101 19,

104 Stat. 2240 (1990). The Act approved all of the rescissions proposed by the President on June 28, 1990, with the exception of rescissions proposed in 3 programs. s

H.R. Rep. No. 101 608, l01st Cong., 2nd Sess. 3 (1990) (recommending approval of rescissions requested by the President); Sen. Rep. No. 101-410, 101st Cong., 2nd Sess. 9 (1990) (recommending approval of rescissions requested by the President). S the Congress did in approve the President's proposals, we have included the eight rescissions within the totals for rescissions Presidentially proposed and enacted by Congress fiscal year 1991 column.6 Neither OMB, s cumulative reports, nor House Appropriations count the rescissions as approved by the

SSe

s type of sclassification also occurred in fiscal year 1978 for Presidential rescission proposals enacted by the Congress (R77-18 and R77-19). These proposals, totalling $463,400,000, were approved by the Congress for rescission in fiscal year 1978, not 1977.

We also made a t Annual Contr

ed

adjustment rescissions in HUD's ions for Assisted Housing programs. We

tables to scal

L. 99-349, 100 Stat. 727 (1986). Therefore, we now count this rescission in fiscal year 1987.

We also made timing adjustments with respect to a number of minor rescissions. See, ~f Pub. L. 98-367, 98 Stat. 472 (1984); Pub. L. 97-102, 95 Stat. 1454 (1981); Pub. L. 95-96, 91 Stat. 8021977).

There were several rescissions that we d not detect our initial search because although they had the effect of a rescission, they did not use the verb "to rescind" as the operat slative language. For instance, a $75,000,000 reduction in funds appropriated for the Conservation Reserve Program did not use term "rescind" or "rescission". Pub. L. 1 0 1 - 4 5 , 1 0 3 S tat. 1 0 7 ( 1 9 8 9). Ins tea d f the statutory anguage de s the sum ously appropriated and inserts another lesser sum which, effect, rescinds previously appropriated budget authority. Two other examples are a $9,100,000 rescission fiscal year 1974 of Grants to the National lroad Passenger Corporation (Pub. L. 93-98, 87 Stat. 336) and a $1,188,000,000 rescission in

seal 1974 of Grants 0 States for Public Assistance ( Pub. L. 9 05 , 8 8 S tat. 2 0 3). In bot h cas e s f the s tat ute s re to the "resci sions as "reduct ons" in appropriations.

Similarly, we did not tial detect a $600,000,000 rescission in the Hazardous Substance Response Trust Fund because Act of ss Pub .. 9 91,10 Stat. 341-242 (1986)) reducing the amount of budget y available the fund not refer to "rescission"

pattern, or were not included, whether because of transcription or clerical error, in our previously submitted rescission statistics.

Fiscal Year 1992: $3,190,000: two rescissions in the Legislative Appropriations Act for scal year 1992. Pub. L. 102-90, 105 Stat. 451 470 1991).

Fiscal Year 1991: $26,000,000: rescission of Military Construction, Air Force funds. Pub. L. 101 19, 104 Stat. 2241 (1990); $8,262,000: rescission of funds provided for the Judiciary. Pub. L. 102-55, 105 Stat. 294 (1991); $250,000: rescission the Legislative Appropriations Act, fiscal year 1992, Pub. L. 102-90, 105 Stat. 451 (1991), but specifically retroact to f scal year 1991 appropriation; $23,000,000: rescission an administrative provision for HUD Annual Contributions to Assisted Housing. Pub. L. 102-27, 105 Stat. 151 (1991).

Fiscal Year 1990: $47,700,000: rescission of budget authority for the Federal Water Pollution Control Act. Pub. L. 101-144, 103 Stat. 857 (1989);

$10,600,000: rescission of fiscal year 1989 Research, Development, Test, and Evaluation, Navy, funds the 1989 Act Implementing Bipartisan Accord on Central America. Pub. L. 101- 4, 103 Stat. 39 (1989).

Fiscal Year 1986: $210,000: rescission of Of ce of Surface Mining Reclamation and Enforcement budget authority. Pub. L. 9 9 - 34 9 , 1 0 0 S tat . 32 1 9 8 6); $ 1 0 , 0 0 0 ! 0 0 0 : rescission of FBI funds for a relocation. Pub. L. 9 49, 100 Stat. 7 5 ( 986),

ss on

L. 96-304, 94 Stat. 858 (1980); $1,000,000: rescission of funds appropriated for contingent expenses of the Senate. Pub. L. 9 6 - 30 4 , 94 S tat. 8 8 9 ( 1 9 8 0); $ 2 2 0, 0 0 0 , 0 0 0 : rescission of funds appropriated for the purchase of government furniture. Pub. L. 96-304, 94 Stat. 927 (1980).

$13,900,000: rescission of contract Public Lands Development Roads and Trails.

94-373, 90 Stat. 1043 (1976); $118,995,000: rescission of contract for Road Construction. Pub. L. 94 - 3 7 3 f 90S tat. 1 04 7 ( 1 97 6); $ 3 9, 82 7 f 94 3 : rescission of contract author y for Roads and Trails. Pub. L. 94-373, 90 Stat. 1056 (1976).