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OGC-87-2 1 (1987-02-18)

handle is hein.gao/gaobaboir0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 February 18, 1987 132452 To the President of the Senate and the Speaker of the House of Representatives On December 16, 1986, the President's second special message for fiscal year 1987 was submitted to the Congress pursuant to the Impoundment Control Act of 1974 (the Act). 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 second message. As you are aware, the United States Court of Appeals for the District of Columbia Circuit held the portion of the Act dealing with so-called policy deferrals (section 1013, 2 U.S.C. 684) to be unconstitutional after this message was submitted. A stay pending appeal, imposed by the lower court which had reached the same result, was not continued by the appellate court.1/ We do not yet know whether the-Depart- ment of Justice will appeal to the Supreme Court. The Court of Appeals upheld the validity of the so-called programmatic deferral authority stemming from the Anti- Deficiency Act (as amended by the Act). As a result, defer- rals by the President under the Anti-Deficiency Act (to achieve savings through changes in requirements or greater efficiency; to provide for contingencies; or as specifically provided by law) remain authorized. 31 U.S.C. 1512(c). All of the impoundments in this message rely on the Anti- Deficiency Act. (Deferral No. 87-26 cites, in addition to the Anti-Deficiency Act, the Continuing Appropriation Act for fiscal year 1987 (Pub. L. No. 99-500), which requires the withholding of the $60 million deferred, and schedules the release of these funds throughout the course of the fiscal I/ New Haven v. United States, No. 86-5319 (D.C. Cir. 1987), aff'g 634 F. Supp. 1449 (D.D.C. 1986). GAO/OGC-87-2

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