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OGC-87-1 1 (1986-11-13)

handle is hein.gao/gaobabogk0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 B-224882 Ill IH II ~ 11111 November 13, 1986 131718 To the President of the Senate and the Speaker of the House of Representatives On September 26, 1986, the President's first special message for fiscal year 1987 was submitted to the Congress pursuant to the Impoundment Control Act of 1974. Enclosure I provides all information we identified which we believe will be useful to the Congress in its examination of the message. Enclosure II is a copy of the President's listing of all impoundments reported in the first message. We have reviewed the impoundments reported in the message, and found them to be in accordance with existing authority. In this connection, the United States District Court for the District of Columbia has held unconstitutional the Presi- dent's authority under section 1013 of the Impoundment Control Act to defer budget authority. New Haven v. United States, No. 86-0455 (D.D.C. May 16, 1986). The district court ordered that section 1013 be set aside in its entirety but excepted from this decision the deferral authority stemming from the Anti-Deficiency Act (as amended by the Impoundment Control Act). The court stayed its decision pending appeal. Oral arguments on appeal were heard on November 12. Pursuant to the stay, we are treating the deferral authority in section 1013 as fully lawful. In any event, the basis for all the impoundments in this first message of fiscal year 1987 is the Anti-Deficiency Act which, as noted above, is not called into question by the New Haven decision. Comptro11. ene ral of the United States Enclosures GAO/OGC-87-1

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