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ACG-76-4 1 (1975-08-06)

handle is hein.gao/gaobaaaxv0001 and id is 1 raw text is: 

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ASSISTANT COMPTROLLER GENERAL OF THE UNITED STATES
               WASHINGTON, D.C. Z0348


August 6, 1975


     Speaker of the House
(A   President of the Senate


     This letter provides follow-up information
impoundment of budget authority for the Housing
capped Program (section 202 housing direct loan
June 3 letter to the Congress.


concerning the unreported
for the Elderly or Handi-
program) described in our


     The Housing and Urban Development Act of 1974 (P.L. 93-383) authorized
$800 million for the section 202 housing direct loan program. This legis-
lation also required that the aggregate amount loaned under the section 202
housing program in any fiscal year not exceed a limit specified in appropri-
ation acts. The Supplemental Appropriation Act, 1975 (P.L. 93-554) enacted
December 27, 1974, sets this limitation for FY 1.975 at $214.5 million and
provided budget authority only for fiscal year 1975.

     Our June 3 letter reported a de facto rescission that should have been
but was not reported by the President. We reported in June that HUD planned
to make the budget authority available for obligation on the basis of draft
regulations initially published in May. HUD estimated that it could obli-     2
gate $34 million of the $214.5 million in FY 1975 budget authority, but that
the remaining $180.5 million would lapse on June 30.

     Follow-up inquiries disclose that (1) the FY 1975 budget authority was
not made available because the draft regulations were criticized more strongly
than expected, (2) the entire FY 1975 appropriation of $214.5 million lapsed
on June 30, and (3) program applications are not being accepted in FY 1976
until final regulations are issued (HUD expects to publish the final regu-
lations within the next three or four weeks and we were told that only a
short time would be required to implement the program once the final regu-
lations were published).

     The Program is included in the HUD Appropriation Bill, 1976, which has
passed both.Houses and was sent to conference on July 26. Pending enactment
of this appropriation, $214.5 million is available for the program under the
FY 1976 continuing resolution (P.L. 94-41). The President did not report
an  impoundment of this budget authority when he submitted his second impound-
ment message  to the Congress on July 26. We construe this to mean that


ACG-76-4


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B-115398