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B-196854.3 1 (1984-03-19)

handle is hein.gao/gaobaduzz0001 and id is 1 raw text is: )COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON D.C. 20548 -LEASED B-196854.3 March 19, 1984 The Honorable Silvio 0. Conte Ranking Minority Member Committee on Appropriations House of Representatives Dear Mr. Conte: You have asked for clarification and expansion of our views on the Chadha decision and the appropriations process. Your letter to us of July 14, 1983, asked us to discuss Chadha's impact on reprogrammings, committee vetoes, committee approvals, deferrals and rescissions. Our February 15, 1984, letter discussed the latter two items, concluding that the legislative veto proscribed by the Chadha decision is distinguishable in most cases from the congressional approval or disap roval process provided by the Impoundment Control Act of 1974._/ The basis for our Impoundment Control Act position is simply that legally enforceable congressional intervention in executive branch activities is only precluded under Chadha where there has been a clear congressional delegation of authority to the executive branch, as is the case with the authority delegated to the Attorney General to determine the rights of aliens to remain in this country after their visas have expired. When the authority of the executive branch to take a certain action is not clear or is prohibited, a legis- lative veto does not unconstitutionally impede executive action; that is, it does not withdraw from the Executive authority previously delegated to it. The veto merely informs the executive that the congressional body does not wish to make an exception and permit an action not previously dele- gated. This need not rise to the level of legislation to be effective. I/ The one situation in which congressional disapproval action under the Impoundment Control Act would run afoul of Chadha would be a resolution disapproving a deferral specifically authorized by the Antideficiency Act, 31 U.S.C. SM512 (1982). However, to the best of our knowledge, n~ither House of Congress has passed an im- poundment resolution disapproving a proposed Antidefi- ciency Act deferral since the Impoundment Control Act was enacted.

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