§684 — Title 2 The Congress | U.S. Code

Summary

When the President, the OMB Director, a department or agency head, or any federal official wants to delay using budgeted money for a specific project or purpose, the President must send a special message to the House and Senate. The message must say how much money would be delayed, which account or agency and which projects or functions are affected, how long the delay would last, the reasons and any legal authority for the delay, the estimated fiscal or budget effects, and all facts and analysis related to the decision. Delays are allowed only to cover contingencies, to save money through changes or greater efficiency, or when a law specifically allows them. These rules do not apply to money that is being canceled or set aside and reported under section 683.

Title 2, §684

The Congress — Source: USLM XML via OLRC

(a)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 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.

(b)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.

(c)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 683 of this title.

Notes & Related Subsidiaries

Editorial Notes

Codification Section was formerly classified to section 1403 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 amended section generally, substituting substantially similar provisions in subsecs. (a) and (c) and substituting subsec. (b) for former subsec. (b) which read as follows: “Any amount of budget authority proposed to be deferred, as set forth in a special message transmitted under subsection (a) of this section, shall be made available for obligation if either House of Congress passes an impoundment resolution disapproving such proposed deferral.”

§684 Proposed deferrals of budget authority

Summary

Title 2, §684

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata