Section 1013
Impoundment Control Act of 1974
TITLE X—IMPOUNDMENT CONTROL
PART B—CONGRESSIONAL CONSIDERATION OF PROPOSED RESCISSIONS, RESERVATIONS, AND DEFERRAL OF BUDGET AUTHORITY
proposed deferrals of budget authority
Sec. 1013. (a) Transmittal of Special Message.—Whenever the 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 project 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(c) Exception.—The provisions of this section do not apply to any budget authority proposed to be rescinded or that is to be reserved as set forth in a special message required to be transmitted under section 1012.
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COUNSEL Notes
Codification
This section is classified to the U.S. Code at 2 U.S.C. 684.
LEGISLATIVE HISTORY NOTES
PUBLIC LAWS
Pub. L. 93–344, title X, §1012, July 12, 1974, 88 Stat. 333 (Congressional Budget and Impoundment Control Act of 1974).
Pub. L. 100–119, title II, §207, Sept. 29, 1987, 101 Stat. 786 (Balanced Budget and Emergency Deficit Control Reaffirmation Act of 1987).
CODIFICATION
Section 1011was formerly classified to section 1402 of Title 31, Money and Finance, United States Code, prior to the general revision and enactment of Title 31, Money and Finance, by Pub. L. 97–258, §1, Sept. 13, 1982, 96 Stat. 877 (Title 31 Revision and Codification Law of 1982[1]).
AMENDMENTS
1987
Subsection (b).
Pub. L. 100–119 (BBEDCRA 1987[2]) inserted at the end of the section: “Funds made available for obligation under this procedure may not be proposed for rescission again.”
ENdNOTES
[1] The long title of the colloquial reference (“Title 31 Revision and Codification Law of 1982”) is as follows: 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”.
[2] The full short title of BBEDCRA is: “Balanced Budget and Emergency Deficit Control Reaffirmation Act of 1987”.
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Budget Counsel 