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B-196854 1 (1984-02-15)

handle is hein.gao/gaobadpsw0001 and id is 1 raw text is: 420 COMPMOLLER GENERAL OF THE UNITED STATES WASH4INGTON O.C. 20648 B-1 96854 February 15, 1984 The Honorable Silvio 0. Conte Ranking Minority Member / Committee on Appropriations House of Representatives Dear Mr. Conte: Your letter of July 14, 1983, asked for our views on the impact of Immigration and Naturalization Service v. Chadha, U.S. , 103 S. Ct. 2764 (1983), on the appropriations process. As we understand that you are primarily concerned with the continuing validity of the Impoundment Control Act, 2 U.S.C. SS 681-88 (1982), our response is directed toward a discussion of that Act affected by Chadha. Chadha enunciated the fundamental proposition that the Congress may alter a result obtained under existing authority of law only by following the Constitutional prescription for legislation. The Attorney General pursuant to statutory authority had concluded that one Chadha could remain in the United States rather than being deported. The House of Representatives, in turn, sought to require Chadha's deporta- tion by exercising a statutorily provided right to veto the Attorney General's determination. The Supreme Court held that as the Attorney General's determination was final, having been reached in full accord with the powers and authority delegated to him, it could be overturned only by further legislation which under the Constitution required bicameral passage and presentment to the President for approval. Statutory provi- sions purporting to authorize the Congress, in effect, to legislate without meeting these requirements were thus struck down as unconstitutional. The Impoundment Control Act provides for dealing with two types of impoundments in separate ways. Under the Act, the President is required to report all impoundments to the Con- gress. Funds impounded must be made available for obligation if the Congress registers disapproval. For budget authority which the President seeks to have rescinded, approval is registered by the enactment in both houses of a required rescission bill, and disapproval is registered by failure of both houses to pass the required

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