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OGC-87-7 1 (1987-04-01)

handle is hein.gao/gaobabojf0001 and id is 1 raw text is: A Comptroller General 6of the United States Washington, D.C. 20548 B-2882 1111111 132606 April 1, 1987 To the president of the Senate and the Speaker of the House of Representatives On January 28, 1Q87, the President submitted to the Congress his fourth special impoundment message for fiscal year 1987. This message reports 25 new deferrals and one revised defer- ral. It also includes revised information with respect to seven rescission proposals made in the third special message, dated January 5, 1987. (All funds withheld pursuant to these rescission proposals were made available by the Office of Manaqement and Budget (OMB) on March 16, 1987, for obligation by the agencies to which they were appropriated.) Enclosed is a copy of the President's listing of all impoundments reported in the fourth message. We have reviewed these impoundments. We found that, with one exception, the deferrals are not in accordance with existing law. The laws and other authorities cited by the President do not permit 25 of the 26 reported deferrals. As you know, the United States Court of Appeals for the District of Columbia, on January 20, 1987 (8 days before this message was submitted), invalidated section 1013 of the Impoundment Control Act (2 U.S.C. S 684), because of an unconstitutional legislative veto provision in that section. City of New Haven v. United States, No. 86-5319 (ID.C. Cir. 19R7), aff'q. 634 F. Supp. 1449 (D.D.C. 1986) (referred to herein as New Haven). Section 1013 was the sole general legislative authority for policy deferrals. Policy deferrals are those which are ordinarily intended to negate the will of the Congress by substituting the fiscal policies of the Executive Branch for those established bylthe enactment of budget legislation. New Haven, slip. op. at 3, emphasis in original. The proscription of the New Haven decision was limited to policy deferrals; the court upheld the President~s authority to defer and his responsibility to report under the Anti-neficiency Act, as amended by the Impoundment Control Act, in order to achieve savings or greater efficiency, or to provide for contingencies. 31 U.S.C. S 1512(c). Of the 26 deferrals in this message, the only one which we find to be in accordance with existing law is the revised GAO/OGC.87-7

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