Section 1016, as Enacted
Part B—Congressional Consideration of Proposed Rescissions, Reservations, and Deferrals of Budget Authority
Suits by Comptroller General
Sec. 1016. If, under section 1012(b) or 1013(b), 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. 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. 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.
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. 1406. It was transferred to 2 U.S.C. 686.
LEGISLATIVE HISTORY NOTES
Pub. L. 93–344, §1016, July 12, 1974, 88 Stat. 336. 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 § 188A]