About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-333110 Jun 02, 2021 1 (2021-06-02)

handle is hein.gao/gaoltj0001 and id is 1 raw text is: 1Oo) U.S. GOVERNMENT ACCOUNTABILITY OFFICE A Century of Non-Partisan Fact-Based Work 441 G St. N.W. Washington, DC 20548 B-333110 June 2, 2021 The Honorable Jason Smith Republican Leader Committee on the Budget House of Representatives Subject: Update on Decision regarding Border Wall Pause and the Impoundment Control Act Thank you for your letter requesting a status update on GAO's legal decision on whether the border wall pause violates the Congressional Budget and Impoundment Control Act of 1974 (ICA).' As you know, GAO has a longstanding, deliberative process by which we issue our legal decisions. We reach our conclusions after careful research and independent analysis of statutory and case law as well as consideration of analogous precedent and legal principles. We apply the law to specific and particular facts, which are unique to each case. Receiving input from relevant agencies is an important part of our process of developing facts and ensuring we understand the agency's legal justification for its actions. As such, we solicited and received timely responses from the Office of Management and Budget (OMB) and the Department of Homeland Security (DHS), consistent with the deadlines we established for OMB and DHS. Our legal decision on this matter is currently being developed in accordance with this longstanding practice. The Comptroller General has a number of statutory responsibilities under the ICA, and it is our practice to investigate potential impoundments and to report to Congress as necessary. For example, we started looking into the matter of a potential improper impoundment of amounts appropriated for Ukraine security assistance in August 2019, when we became aware of the issue. Pursuant to our role under the ICA and in accordance with our process, we issued a decision in January 2020.2 Similarly here, we began researching the potential issue of ICA compliance with regard to the border wall pause, once we became aware of the matter in January 2021. And, our decision on whether the pause violates the ICA is currently being developed through our deliberative process, as described above. 1 Pub. L. No. 93-344, title X, § 1012, 88 Stat. 297, 333-34 (July 12, 1974); 2 U.S.C. §§ 681-688. 2B-331564, Jan. 16, 2020.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most