§ 684. Proposed deferrals of budget authority

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1974

   Pub. L. 93–344 title X § 1013 · 88 Stat. 297

   Enacted · 2 U.S.C. § 684

   Pub. L. 93–344, title X, § 1013, July 12, 1974, 88 Stat. 334

   Source evidence

   Code source credit
   Pub. L. 93–344, title X, § 1013, July 12, 1974, 88 Stat. 334

   Enacted provision · exact public law section
   Sec. 1013. (a) Transmittal of Special Message.— Whenever the 31 USC 1403. President, the Director of the Office of Management and Budget, the head of any department or agency of the United States, or any officer or employee of the United States proposes to defer any budget authority provided for a specific purpose or project, the President shall transmit to the House of Representatives and the Senate a special message specifying— (1) the amount of the budget authority proposed to be deferred; (2) any account, department, or establishment of the Government to which such budget authority is available for obligation, and the specific projects or governmental functions involved; (3) the period of time during which the budget authority is proposed to be deferred; (4) the reasons for the proposed deferral, including any legal authority invoked by him to justify the proposed deferral; (5) to the maximum extent practicable, the estimated fiscal, economic, and budgetary effect of the proposed deferral; and (6) all facts, circumstances, and considerations relating to or bearing upon the proposed deferral and the decision to effect the proposed deferral, including an analysis of such facts, circumstances, and considerations in terms of their application to any legal authority and specific elements of legal authority invoked by him to justify such proposed deferral, and to the maximum extent practicable, the estimated effect of the proposed deferral upon the objects, purposes, and programs for which the budget authority is provided. A special message may include one or more proposed deferrals of budget authority. A deferral may not be proposed for any period of Time limitation. time extending beyond the end of the fiscal year in which the special message proposing the deferral is transmitted to the House and the Senate. (b) Requirement to Make Available for Obligation.— Any amount of budget authority proposed to be deferred, as set forth in a special message transmitted under subsection (a) , shall be made available for obligation if either House of Congress passes an impoundment resolution disapproving such proposed deferral. (c) Exception.— The provisions of this section do not apply to any budget authority proposed to be rescinded or that is to be reserved as set forth in a special message required to be transmitted under section 1012.

2. 1987

   Pub. L. 100–119 title II § 206(a) · 101 Stat. 754

   1. Amended · 2 U.S.C. § 684

      Pub. L. 100–119 amended section generally

   2. Substituted · 2 U.S.C. § 684

      Pub. L. 100–119 substituting substantially similar provisions in subsecs. (a) and (c)

   3. Substituted · 2 U.S.C. § 684

      Pub. L. 100–119 substituting subsec. (b) for former subsec. (b) which read as follows: “Any amount of budget authority proposed to be deferred, as set forth in a special message transmitted under subsection (a) of this section, shall be made available for obligation if either House of Congress passes an impoundment resolution disapproving such proposed deferral.”

   Source evidence

   Code amendment note
   Pub. L. 100–119 amended section generally, substituting substantially similar provisions in subsecs. (a) and (c) and substituting subsec. (b) for former subsec. (b) which read as follows: “Any amount of budget authority proposed to be deferred, as set forth in a special message transmitted under subsection (a) of this section, shall be made available for obligation if either House of Congress passes an impoundment resolution disapproving such proposed deferral.”

   Enacted provision · exact public law section
   SEC. 206. CODIFICATION OF LAW REGARDING DEFERRAL AUTHORITY. (a) Proposed Deferrals of Budget Authority.— Section 1013 of the Impoundment Control Act of 1974 is amended to read as follows: 2 USC 684. “proposed deferrals of budget authority “Sec. 1013. (a) Transmittal of Special Message— Whenever the President of U.S. President, the Director of the Office of Management and Budget, the head of any department or agency of the United States, or any officer or employee of the United States proposes to defer any budget authority provided for a specific purpose or project, the President shall transmit to the House of Representatives and the Senate a special message specifying— “(1) the amount of the budget authority proposed to be deferred; “(2) any account, department, or establishment of the Government to which such budget authority is available for obligation, and the specific projects or governmental functions involved; “(3) the period of time during which the budget authority is proposed to be deferred; “(4) the reasons for the proposed deferral, including any legal authority invoked to justify the proposed deferral; “(5) to the maximum extent practicable, the estimated fiscal, economic, and budgetary effect of the proposed deferral; and “(6) all facts, circumstances, and considerations relating to or bearing upon the proposed deferral and the decision to effect the proposed deferral, including an analysis of such facts, circumstances, and considerations in terms of their application to any legal authority, including specific elements of legal authority, invoked to justify such proposed deferral, and to the maximum extent practicable, the estimated effect of the proposed deferral upon the objects, purposes, and programs for which the budget authority is provided. A special message may include one or more proposed deferrals of budget authority. A deferral may not be proposed for any period of time extending beyond the end of the fiscal year in which the special message proposing the deferral is transmitted to the House and the Senate. “(b) Consistency With Legislative Policy.— Deferrals shall be permissible only— “(1) to provide for contingencies; “(2) to achieve savings made possible by or through changes in requirements or greater efficiency of operations; or “(3) as specifically provided by law. No officer or employee of the United States may defer any budget authority for any other purpose. “(c) Exception.— The provisions of this section do not apply to any budget authority proposed to be rescinded or that is to be reserved as set forth in a special message required to be transmitted under section 1012.”. (b) Conforming Amendment.— The first sentence of section 1016 of the Impoundment Control Act of 1974 is amended by striking out 2 USC 687. “under section 1012(b) or 1013(b)” and by inserting in lieu thereof “under this title”. (c) Reaffirmation.— Sections 1015 and 1016 of the Impoundment Control Act of 1974 are reaffirmed. 2 USC 686 note.

4 of 4 references resolved to an enrolled provision