[Comments on H.R. 4888]

In response to a congressional request, GAO commented on H.R. 4888, which would amend the Congressional Budget and Impoundment Control Act of 1974 to: (1) require the President to specify for each deferral a date certain on which he would release the deferred budget authority; (2) forbid the President to withhold budget authority for any reason after the date certain; (3) limit the deferral duration for multi-year funds to 1 year; (4) require the Comptroller General to prescribe standards for determining whether a deferral proposed to withhold budget authority exclusively to improve its management and administration; and (5) require the Comptroller General to reclassify proposed deferrals that did not comply with the act. GAO noted that: (1) it supports the proposed bill's requirement that the President specify dates certain on which he would release deferred budget authorities and the withholding prohibition; (2) the requirements would prevent many deferrals Congress currently finds objectionable; (3) the President would have to release the deferred budget authority on the date certain without congressional approval; (4) the requirement that the Comptroller General apply standards could raise further constitutional challenges to the act that would result in lengthy and complex litigation; and (5) Congress could avoid a challenge of the bill on constitutional grounds by defining legislatively those impoundments which would no longer be classified as deferrals, rather than directing the Comptroller General to do so.