April 2, 1976
Page 9274
CURBING PRESIDENTIAL ABUSE OF 45-DAY RESCISSION PERIOD
(Mr. OTTINGER asked and was given permission to extend his remarks at this point in the RECORD and to include extraneous matter.)
Mr. OTTINGER. Mr. Speaker, I wish to share with my colleagues recent correspondence which I have had with Senator EDMUND MUSKIE in his capacity as chairman of the Senate Budget Committee with respect to empowering Congress to cut off Presidential rescissions before the 45-day period of their effectiveness expires.
The administration has grossly abused the rescission process, and the present 45-day period provided in the Budget and Accounting Act, to frustrate the will of Congress. In a return to Nixonian practices, the result has been effective impoundment of vitally needed funds.
The 45-day provision is a major loophole which must be blocked.
I am happy to disclose that Senator MUSKIE agrees and proposes to take action as described in his letter.
FEBRUARY 27, 1978.
Hon. EDMUND S. MUSKIE,
Chairman,
Senate Budget Committee,
Washington, D.C.
DEAR MR. CHAIRMAN: I have just recently realized that the Budget Control Act contains no provision for requiring that funds proposed for rescission by the President be released in less than 45 legislative days when not approved by either the House or the Senate.
Enclosed is a copy of a letter I have written to the Speaker regarding this matter and urging prompt action to remedy the situation.
By not providing some mechanism for demanding a quick release of funds proposed for rescission, we are giving the Executive unnecessary opportunity to thwart the will of Congress. I am anxious to work with you in correcting this problem and look forward to learning how I may be of assistance.
Sincerely,
RICHARD L. O.TTINGER,
Member of Congress.
U.S. SENATE.
COMMITTEE ON THE BUDGET,
Washington, D.C.,
March 29,1976.
Hon. RICHARD L. OTTINGER,
U.S. House of Representatives,
Cannon House Office Building,
Washington, D.C.
DEAR DICK: I appreciate receiving a copy of your letter to the Speaker regarding the 45-day impoundment period provided in Title X of the Congressional Budget and Impoundment Control Act during which the President can impound funds regarding which he has made a rescission request.
I agree with the position you have expressed. The staff of the Budget Committee has been considering possible amendments to the impoundment control title of the Budget Act to deal with this problem. One of the more promising seems to be to authorize the use of an impoundment resolution in the case of funds impounded in connection with a rescission request.
As you know, an impoundment resolution passed by either House requires the President to make funds available for obligation which have been "deferred." So a simple amendment of the rescission section could provide that funds which otherwise might be impounded for 45 days pursuant to a rescission request must be obligated upon the passage of one House or the other of an impoundment resolution.
OMB has used the 45-day provision to effect impoundments which frustrate the Congressional intent in enacting the Impoundment Control Act. That defect needs to be remedied. Let's stay in touch on this.
With best wishes, I am,
Sincerely,
EDMUND S. MUSKIE