Reading Room Document
Written expression of the views I have previously conveyed concerning the applicability of the Impoundment Control Act of 1974 to budget authority enacted, and impoundments effected, prior to July 12,1974, the date the Act was signed by the President.
The document is a legal opinion on the application of the Congressional Budget and Impoundment Control Act of 1974 to impoundments made before and after its effective date. The conclusion reached is that impoundments made after July 12, 1974, are subject to the terms of the new legislation, including the provision for transmittal of special messages to Congress. However, impoundments made before the effective date are not covered by the Act. The document also presents a detailed analysis of the language and provisions of the Act, addressing the issue of how the terms apply to previously enacted budget authority and the applicability of the Act to impoundments made before its effective date. The questions presented for review include the effective date of the Act's provisions, the distinction between pre-Act and post-Act budget authority, and the interpretation of language in the legislation.
The OLC's Opinions
Opinions published by the OLC, including those released in response to our FOIA lawsuit