Reading Room Document

Impact of Appropriations Committee Objection to Reprogramming Action by Agency for International Development

The document is a memorandum opinion for the General Counsel of the Agency for International Development, addressing two questions related to reprogramming of funds. The first question is whether the legislative history of a provision in the Foreign Assistance and Related Programs Appropriations Act, 1977, can be read to convert that provision into more than a report-and-wait provision. The conclusion reached is that the legislative history cannot be read to bind the executive branch to abide by an objection of the appropriations committees of Congress. The second question concerns the extent to which the Administrator of the agency might be able to bind the agency, the State Department, or the President not to go forward with reprogramming action over the objection of these congressional bodies. The conclusion is that the Administrator may give personal assurances to Congress but cannot legally bind himself, his agency, the Secretary of State, or the President to honor the objection. The document also discusses the statutory and constitutional issues related to the Administrator's authority to delegate decision-making power to a congressional body and the extent to which the Administrator may enter into an express agreement binding the executive branch to consult with congressional bodies.

June 7, 1977