Section 1016
Impoundment Control Act of 1974

TITLE X—IMPOUNDMENT CONTROL
PART B—CONGRESSIONAL CONSIDERATION OF PROPOSED RESCISSIONS, RESERVATIONS, AND DEFERRAL OF BUDGET AUTHORITY
Suits by Comptroller General

Sec. 1016. If, under this title, budget authority is 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. No civil action 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 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.

 

 

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COUNSEL Notes
Codification

This section is classified to the U.S. Code at 2 U.S.C. 687.


LEGISLATIVE HISTORY NOTES
Public Laws

Pub. L. 93–344, title X, §1016, July 12, 1974, 88 Stat. 336 (Congressional Budget and Impoundment Control Act of 1974).

Codification 

Section was formerly classified to section 1406 of Title 31 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 .

Amendments 
1987

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

1984 

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. The Trademark Clarification Act of 1984 (Pub. L.  98-620, 8 Stat. 3360, Nov. 8, 1984) included the following paragraph:

(35) Section 1016 of the Impoundment Control Act of 1974 (31 U.S.C. 1406) is amended by striking out the second sentence.

The sentence stricken by the paragraph read as follows:

The courts shall 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.

The paragraph refers to 31 U.S.C.  1406, which was this  sections original classification in being codified to the U.S.  Code. It was later recodified as 31 U.S.C. 687.

Effective Date of 1984 Amendment

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.

Reaffirmation

A provision reaffirming this section, was enacted as section 206(c) of the Balanced Budget and  Emergency  Deficit Control Reaffirmation Act of 1987 (Pub. L. 100–119). It stated the following:

(c) Reaffirmation.—Sections 1015 and 1016 of  the Impoundment Control Act of 1974 are reaffirmed.

 

 

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Section 1015 (ICA)

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Section 1017 (ICA)

 FrillBreak

[BCR § 188]