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OGC-90-4 1 (1990-03-06)

handle is hein.gao/gaobabpyz0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 B-237297.3I March 6, 1990 140998 To the President of the Senate and the Speaker of the House of Representatives on February 6, 1990, the President submitted to the Congress his third special impoundment message for fiscal year 1990 covering 19 deferrals of budget authority. We concluded in a letter dated February 20, 1990, to the Honorable Robert C. Byrd and Mark 0. Hatfield of the Senate Appropriations Committee that 14 of these deferrals and a portion of a fifteenth deferral are not authorized under the Impoundment Control Act of 1974, as amended, 2 U.S.C. S 681 t s We have now concluded that the remainder of the fifteen h deferral and two other deferrals are also unauthorized. One deferral is authorized and we are in the process of ascertaining the justifications for another concerning a classified project. Enclosure I provides specific information with regard to 10 of the deferrals, which we believe will be useful to the Congress in its examination of the message. Enclosure II provides a list of the deferrals as reported by the President. BACKGROUND Section 1013 of the Impoundment Control Act, as amended in 1987 by Public Law 100-119, 101 Stat. 754, permits the President to defer budget authority for only three purposes: (1) to provide for contingencies; (2) to achieve savings made possible by or through changes in requirements or greater efficiency of operations; or (3) as specifically provided by law. 2 U.S.C. 5 684(b). To place all 19 deferrals in perspective, we think it useful to discuss the evolution of the law which resulted in this provision, particularly recent changes resulting from the United States Court of Appeals decision in City of New Haven v. United States, 809 F.2d 900 (D.C. Cir. 1987). GAO/OGC-90-4

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