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094433 1 (1971-03-25)

handle is hein.gao/gaobadxks0001 and id is 1 raw text is: 

                  ,O ITED STATES GENERAL ACCOUNTI4FFICE
                         WASHINGTON, D. C. 20548


                                               FOR RELEASE ON DELIVERY
                                               Expected at 2:30 p.m., EST
                                               Thursday, March 25, 1971


                              STATEMENT OF
     ROBERT F. KELLER, ASSISTANT COMPTROLLER GENERAL OF THE UNITED STATES
                               BEFORE THE
                    SUBCOMMITTEE ON SEPARATION OF POWERS
                         COMMITTEE ON THE JUDICIARY
                           UNITED STATES SENATE



     Mr. Chairman and Members of the Subcommittee:

     We are pleased to appear before you today to discuss the functions

of the General Accounting Office insofar as they relate to the withhold-

ing of funds by the Executive Branch after congressional action making

funds available for expenditure.

     Executive impounding of funds has a number of facets both factually

and legally. It may occur at various levels within the Executive Branch

of Government and involve problems of statutory and constitutional con-

struction and policy considerations. It is a problem that has become

quite significant within the past thirty years. This topic has been

the subject of extensive writings. One recent example is by Senator

Church, in the Stanford Law Review, entitled: Impounding of

Appropriated Funds: The Decline of Congressional Control Over Execu-

tive Discretion, 22 Stan. L. Rev. 1240-1253 (1970).

     Previous witnesses before your Committee have no doubt mentioned

the complex issues involved, such as:

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