TAILIEUCHUNG - Gale Encyclopedia Of American Law 3Rd Edition Volume 5 P40

Gale Encyclopedia of American Law Volume 5 P40 fully illuminates today's leading cases, major statutes, legal terms and concepts, notable persons involved with the law, important documents and more. Legal issues are fully discussed in easy-to-understand language, including such high-profile topics as the Americans with Disabilities Act, capital punishment, domestic violence, gay and lesbian rights, physician-assisted suicide and thousands more. | 378 IMPRACTICABILITY Once the president sends a message to Congress requesting a deferral the comptroller general must submit a report on the proposed deferral to Congress. A proposed deferral is automatically considered to be approved unless the House or the Senate passes legislation specifically disapproving it. If the president still refuses to spend appropriated funds after Congress has formally disapproved of a deferral the comptroller general has the power to sue the president in federal court. Rescissions The rules and procedures for rescissions are very similar to those for deferrals. As with a deferral the president must send Congress a message proposing a rescission. In this message the president must detail how much money is to be rescinded the department or agency that was targeted to receive the money the specific project or projects that will be affected by the rescission and the reasons for the rescission. The comptroller general handles a rescission as she or he would a deferral preparing a report on the rescission for Congress. Unlike a deferral a rescission must be specifically approved by both houses of Congress within forty-five legislative days after the message requesting the rescission is received. Congress can approve all part or none of the proposed rescission. If either house disapproves the rescission or takes no action on it the president must spend the appropriated funds as originally intended. If the president refuses to do so the comptroller general can sue the president in federal court. Legislative Line Item Veto Act of 1995 The Legislative Line Item Veto Act of 1995 Pub. L. No. 104-130 110 Stat. 1200 signed by President bill clinton on April 9 1996 and made effective January 1 1997 affects the way impoundments are handled. The Line item Veto Act does not actually give the president the authority to veto individual line items which would require a constitutional amendment. It does however give the president the functional equivalent

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