About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

B-198251 1 (1980-03-27)

handle is hein.gao/gaobabjez0001 and id is 1 raw text is: 





                               COPR   RCXrNERIAL, OF THE UNITED ST-ATES       'I
                                      WASIIINGTrnl P.C. j0348


                 H-198251,.areh 27, 1980

                 The Honorable hlenry Belmon      _  r2,.

                 United States Senate

                 Dear Senator Bellmon:

                       In response to your letter of March 24, 1980, we
                 have ex:amined Section 102 of H.R. 3919, the Crude Oil
                 Win4fall. Profit Tax Act of 1380, and offer the follow-
                 ing comments:

                       1. Subsections (a) and (b) address the
                           manner in which net revenues of the
                           windfall profit tax, as defined by sub-
                           section (c), are to be accounted for,
                           Instead of placement into miscellaneous
                           receipts, these revenues are to be seg-
                           regated into separate accounts and further
                           divided into sub-accounts for specific
                           uses.  In our view, the placement man-
                           dated is analogous to the creation of
                           trust funds, although not: so labeled.

                      2. Of course, none of these revenues can be
                          obligated or spent except in consequence
                          of appropriations made by law.    (Article
                          I   section 9 of the United States Consti-
                          tution.) Subsection (d) is evidently
                          intended to set this process in motion
                          by requiring the President to submit
                          proposals for using this money(within
                          the constraints of subsection (b)), as
                          part of his annual budget submission to
                          the ccngress. The wording. of subsection
                          (d) (1) does not really achieve this pur-
                          pose, however, it directs the, President.
                          to propose an allocation of the net
                          revenues among the uses set forth in sub-
                          section (b) . However, the allocation
                          has already been accomplished by means
                          of the specification of percentages in
                          subsection (b). We suggest instead that
                          the President be required to propose the
                          manner in which he wishes to use the
                          funds within each broad purpose category
                          established by subsection (b).



-                                                               ............... .. .  £
                                               I ~

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:

Already a HeinOnline Subscriber?

profiles profiles most