Section 1013, as Enacted
Part B—Congressional Consideration of Proposed Rescissions, Reservations, and Deferrals of Budget Authority
Disapproval of 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 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 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(c) Exception.—The provisions of this section do not apply to any budget authority proposed to be rescinded or that is to be reserved as set forth in a special message required to be transmitted under section 1012.
DESCRIPTION OF SECTION FROM JOINT STATEMENT ON THE CONFERENCE COMMITTEE
The Committee on the Budget of the House issued a committee print setting froth an explanatory statement of the managers of the committee of conference on H.R. 7130, the bill which was enacted as the Congressional Budget and Impoundment Control Act of 1974.It included a single description for the Impoundment Control Act of 1974 (title X of that law). Please see the Explanatory Statement of Managers of the Title X of the Impoundment Control Act of 1974 for this description.
[Joint Explanatory Statement on the Committee of Conference on H.R. 7130; (Committee Print), Committee on the Budget, House of Representatives, 93d Congress, 2d Session, Washington D.C. 1975.]
This section was formerly classified to 31 U.S.C. 1403. It was subsequently transferred to 2 U.S.C. 683.
LEGISLATIVE HISTORY NOTES
Pub. L. 93–344, §1013, July 12, 1974, 88 Stat. 334. The Congressional Budget and Impoundment Control Act of 1974 enacted this section into law.
REVISION OF TITLE 31 OF THE U.S. CODE
Most of the Congressional Budget Act of 1974 was classified to Title 31 of the U.S. Code but has since been transferred either to title 2 (The Congress) or to a revised Title 31. See the following for more information:
- Pub. L. 97–258, §1, Sept. 13, 1982, 96 Stat. 877
- Title 31 Revision and Codification Law of 1982
- Revision of Title 31
- Table on the House Law Revision Counsel Website.
[BCR § 185A]