BPLA (Contents)

Budget Process Law Annotated (1993)

Section 1001

Impoundment Control Act of 1974

Title X⁹⁹⁸ – IMPOUNDMENT CONTROL

Part A General Provisions

 [PAGES 373-374]

disclaimer 

Sec. 1001.⁹⁹⁹ Nothing contained in this Act,¹⁰⁰⁰ or in any amendments made by this Act, shall be construed as—

(1) asserting or conceding the constitutional powers or limitations of either the Congress or the President;

(2) ratifying or approving any impoundment hereto fore or hereafter executed or approved by the President or any other Federal officer or employ, except insofar as pursuant to statutory authorization then in effect;

(3) affecting in any way the claims or defenses of any party to litigation concerning any impoundment; or

(4) superseding any provision of law which requires the obligation of budget authority¹⁰⁰¹ or the making of outlays¹⁰⁰² thereunder.¹⁰⁰³

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998. Section 1(a) (see supra p. 3) provides that this title (see infra pp. 373-402) may be cited as the “Impoundment Control Act of 1974”. 

999. Section 1001 is codified at 2 U.S.C. § 681 (1988). 

1000. That is, the Impoundment Control Act of 1974. See infra pp. 373-402. 

1001. Section 3(2) defines “budget authority”. See supra pp. 11-13.

1002. Section 3(1) defines “outlays”. See supra p. 11. 

1003. Public Law 97-258 repealed sections 1002 and 1003. See “An Act to Revise, Codify, and Enact Without Substantive Change, Certain General and Permanent Laws, Related to Money and Finance, as Title 31, United States Code, ‘Money and Finance’.” Pub. L 97-258, §5(b), 96 Stat. 877, 1082 (1982). Section 1002 was codified in section 1512 of title 31. As originally enacted in 1974, sections 1002 and 1003 read as follows: 

amendment to the antideficiency act 

Sec. 1002. Section 3679(c)(2) or the Revised Statutes, as amended (31 U.S.C. 665) is amended to read as follows: 

“(2) In apportioning any appropriation, reserves may be established solely to provide for contingencies, or to effect savings whenever savings are made possible by or through changes in requirements or greater efficiency of operations. Whenever it is determined by an officer designated in subsection (d) or this section to make apportionments and reapportionments that any amount so reserved will not be required to carry out the full objectives and scope or the appropriation concerned, he shall recommend the rescission or such amount in the manner provided in the Budget and Accounting Act, 1921, for estimates of appropriations. Except as specifically provided by particular appropriations Acts or other laws, no reserves shall be established other than as authorized by this subsection. Reserves established pursuant to this subsection shall be reported to the Congress in accordance with the Impoundment Control Act of 1974.” 

repeal of existing impoundment reporting provisions 

Sec. 1003. Section 203 or the Budget and Accounting Procedures Act of 1950 is repealed.

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