§ 687. Suits by Comptroller General

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 § 1016 · 88 Stat. 297

   Enacted · 2 U.S.C. § 687

   Pub. L. 93–344, title X, § 1016, July 12, 1974, 88 Stat. 336

   Source evidence

   Code source credit
   Pub. L. 93–344, title X, § 1016, July 12, 1974, 88 Stat. 336

   Enacted provision · exact public law section
   Sec. 1016. If, under section 1012(b) or 1013(b), budget authority is 31 USC 1406. required to be made available for obligation and such budget authority is not made available for obligation, the Comptroller General is hereby expressly empowered, through attorneys of his own selection, to bring a civil action in the United States District Court for the District of Columbia to require such budget authority to be made available for obligation, and such court is hereby expressly empowered to enter in such civil action, against any department, agency, officer, or employee of the United States, any decree, judgment, or order which may be necessary or appropriate to make such budget authority available for obligation. The courts shall give precedence to civil actions brought Precedence. under this section, and to appeals and writs from decisions in such actions, over all other civil actions, appeals, and writs. No civil action Civil actions; 25-day waiting period. shall be brought by the Comptroller General under this section until the expiration of 25 calendar days of continuous session of the Congress following the date on which an explanatory statement by the Statement, filing. Comptroller General of the circumstances giving rise to the action contemplated has been filed with the Speaker of the House of Representatives and the President of the Senate.

2. 1984

   Pub. L. 98–620 title IV § 402(35) · 98 Stat. 3335

   Struck · 2 U.S.C. § 687

   Pub. L. 98–620 struck out provision requiring that the courts give precedence to civil actions brought under this section, and to appeals and writs from decisions in such actions, over all other civil actions, appeals, and writs

   Source evidence

   Code amendment note
   Pub. L. 98–620 struck out provision requiring that the courts give precedence to civil actions brought under this section, and to appeals and writs from decisions in such actions, over all other civil actions, appeals, and writs.

   Enacted provision · exact public law section
   (35) Section 1016 of the Impoundment Control Act of 1974 (31 U.S.C. 1406) is amended by striking out the second sentence.

   Effective date note
   Amendment by Pub. L. 98–620 not applicable to cases pending on Nov. 8, 1984, see section 403 of Pub. L. 98–620, set out as an Effective Date note under section 1657 of Title 28, Judiciary and Judicial Procedure.

3. 1987

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

   Substituted · 2 U.S.C. § 687

   Pub. L. 100–119 substituted “If, under this chapter” for “If, under section 683(b) or 684(b) of this title”

   Source evidence

   Code amendment note
   Pub. L. 100–119 substituted “If, under this chapter” for “If, under section 683(b) or 684(b) of this title”.

   Enacted provision · exact public law section
   (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.”.

3 of 3 references resolved to an enrolled provision