Defects in the Deferral Mechanism in the Impoundment Control Act: Hearing Before a Subcommittee of the Committee on Government Operations, House of Representatives, Ninety-ninth Congress, Second Session, March 11, 1986, Volume 4 |
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Common terms and phrases
Accounting Office action Administration agency amount of deferrals Anti-Deficiency Act appropriated funds appropriations bill Appropriations Committee approval available for obligation baseline billion BOXER Budget Act budget authority Chadha decision Chairman Comptroller CONGRES LIBRARY CONGRESS LIBRARY CONGRESS THE LIBRARY constitutional deferral authority deferral mechanism Deferral of funding deferral process deferred funds DELAY effect enactment executive branch FAZIO fiscal year 1986 FRANK HORTON Government Operations GRESS HORTON impounded funds Impoundment Control Act issue Jack Brooks juvenile justice legislative veto LIBRARY CONGRESS LIBRARY LIBRARY LIBRARY OF CONGRES LIBRARY OF CONGRESS line-item veto Management and Budget MORRISON NEAL Office of Management one-House veto passed percent policy deferrals President proposed deferral questions Reagan reclassify reimpoundment release request require rescind rescission resolution of disapproval Senate SOCOLAR Southwestern Power Administration special message spending statement Strategic Petroleum Reserve Subcommittee Supreme Court Thank unconstitutional WHITTEN YATES
Popular passages
Page 130 - In apportioning any appropriation, reserves may be established to provide for contingencies, or to effect savings whenever savings are made possible by or through changes in requirements, greater efficiency of operations, or other developments subsequent to the date on which such appropriation was made available.
Page 7 - House. (b) DELIVERY TO COMPTROLLER GENERAL. — A copy of each special message transmitted under section 1012 or 1013 shall be transmitted to the Comptroller General on the same day it is transmitted to the House of Representatives and the Senate. In order to assist the Congress in the exercise of its functions under sections...
Page 7 - A special message may include one or more proposed deferrals of budget authority. A deferral may not be proposed for any period of time extending beyond the end of the fiscal year in which the special message proposing the deferral is transmitted to the House and the Senate.
Page 24 - Whenever the President determines that all or part of any budget authority will not be required to carry out the full objectives or scope of programs for which it is provided or that such budget authority should be rescinded for fiscal policy or other reasons (including the termination of authorized projects or activities for which budget authority has been provided...
Page 58 - It Is in our view extremely difficult to formulate a constitutional theory to justify a refusal by the President to comply with a Congressional directive to spend. It may be argued that the spending of money is inherently an executive function, but the execution of any law is. by definition, an executive function, and it seems an anomalous proposition that because the Executive branch is bound to execute the laws, it is free to decline to execute them.
Page 58 - With respect to the suggestion that the President has a constitutional power to decline to spend appropriated funds, we must conclude that the existence of such a broad power is supported by neither reason nor precedent.
Page 106 - Budget authority Intended for temporary withdrawal within a fiscal year may be withheld as proposed if the Congress fails to act ; either House may require release of such deferred budget authority by passing a simple resolution to that effect. 4. The Comptroller General of the United States is empowered to seek court enforcement of any required release of budget authority. The net result of the procedure established is that the propriety of any proposed impoundment will depend upon action (or inaction)...
Page 58 - It seems an anomalous proposition," Mr. Rehnquist concluded, 'that because the executive branch is bound to execute the laws, it is free to decline to execute them.
Page 2 - STATEMENT OF HON. JAMIE L. WHITTEN, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF MISSISSIPPI Mr. WHITTEN.
Page 97 - Conference, the National Conference of State Legislative Leaders, the Council of State Governments, the National Association of Counties, the National League of Cities, the US Conference of Mayors and others. It involves working closely with Governors, State...