Budget Process Law Annotated

changes in requirements or greater efficiency of operations;

(3) as specifically provided by law.

No officer or employee of the United States may defer any budget authority for any other purpose."

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963

962

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Section 3(2) defines "budget authority." See supra pp. 11-13.

Section 206 of the Balanced Budget and Emergency Deficit Control Reaffirmation Act of 1987, entitled "Codification of Law Regarding Deferral Authority," revised subsection (b) to read as it currently does. Pub. L. No. 100-119, § 206, 101 Stat. 754, 785-86 (Sept. 29, 1987). The Balanced Budget and Emergency Deficit Control Reaffirmation Act of 1987 patterned its revision on the similar provisions of 31 U.S.C. § 1512(c)(1) (1988). The joint statement of managers accompanying the conference report on the Balanced Budget and Emergency Deficit Control Reaffirmation Act of 1987 explained:

Current Law

9. Codification of Law Regarding Deferral Authority

The Supreme Court in Immigration and Naturalization v. Chadha, 462 U.S. 919 (1983), held legislative vetoes unconstitutional. Applying Chadha, the Court of Appeals in City of New Haven v. United States, 809 F. 2d 900 (D.C. Cir. 1987), struck down Section 1013 of the 1974 Impoundment Control Act, dealing with deferrals, thereby denying the President his sole statutory authority to make deferrals for policy reasons. The Court noted its view that the Executive's power to defer was now limited to so-call programmatic deferrals under the Antideficiency Act, which it characterized as dealing with "routine" and "trivial" matters "relating to he normal and orderly operation of the Government that Congress expected to present little controversy." The reporting requirements of Section 1013 have continued in force by virtue of other statutory reference to that section.

Senate Amendment

The Senate amendment (Section 229) enacts a new Section 1013 that codifies the New Haven decision and General Accounting Office administrative interpretations by prohibiting policy deferrals and providing that deferrals will be permissible only: (1) for contingencies, (2) for efficiency, or (3) as specifically provided for by law. Programmatic deferrals must be reported to the Congress and be accompanied by a detailed description and justification of the proposal. Deferrals may not be proposed for any period extending beyond the end of the fiscal year in which the proposal is reported.

The provisions of this section do not apply

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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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63(...continued)

Conference Agreement

The House recedes and concurs in the Senate amendment.

H.R. CONF. REP. No. 100-313, 100th Cong., 1st Sess. 66-67 (1987), reprinted in 1987 U.S. CODE CONG. & ADMIN. NEWS 739, 766-67.

964 Section 3(2) defines "budget authority." See supra pp. 11-13.

TRANSMISSION OF MESSAGES; PUBLICA

TION

Each

SEC. 1014. (a) DELIVERY TO HOUSE AND SENATE. special message transmitted under section 1012966 or 1013967 shall be transmitted to the House of Representatives and the Senate on the same day, and shall be delivered to the Clerk of the House of Representatives if the House is not in session, and to the Secretary of the Senate if the Senate is not in session. Each special message so transmitted shall be referred to the appropriate committee of the House of Representatives and the Senate. Each such message shall be printed as a document of each House.

(b) DELIVERY TO COMPTROLLER General. A copy of each special message transmitted under section 1012968 or 1013969 shall be transmitted to the Comptroller General on the same day it is transmitted to the House of Representatives and the Senate. In order to assist the Congress in the exercise of its functions under sections 1012970 and 1013," the Comptroller General shall review each such message and inform the House of Representatives and the Senate as promptly as practicable with respect to -

(1) in the case of a special message transmitted

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under section 1012," the facts surrounding the proposed rescission or the reservation of budget authority" (including the probable effects thereof); and

(2) in the case of a special message transmitted under section 1013,"

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(A) the facts surrounding each proposed deferral of budget authority" (including the probable effects thereof) and

(B) whether or not (or to what extent), in his judgment, such proposed deferral is in accordance with existing statutory authority.

If any

(c) TRANSMISSION OF SUPPLEMENTARY MESSAGES. information contained in a special message transmitted under section 10129 or 1013977 is subsequently revised, the President shall transmit to both Houses of Congress and the Comptroller General a supplementary message stating and explaining such revision. Any such supplementary message shall be delivered, referred, and printed as provided in subsection (a)." The Comptroller General shall promptly notify the House of Representatives and the Senate of any changes in the information submitted by him under subsection (b)" which may be

972 See supra pp. 312-314.

973 Section 3(2) defines "budget authority." See supra pp. 11-13.

974

975

See supra pp. 315-318.

978

Section 1011(1) defines "deferral of budget authority." See supra p. 309. Section 3(2) defines "budget authority." See supra pp. 11-13.

necessitated by such revision.

(d) PRINTING IN FEDERAL REGISTER. -- Any special message transmitted under section 1012980 or 1013,981 and

any supplementary message transmitted under subsection (c),982 shall be printed in the first issue of the Feral Register published after such transmittal.

(e) CUMULATIVE REPORTS OF PROPOSED RESCISSIONS, RESERVATIONS, AND DEFERRALS OF BUDGET AUTHORITY.

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(1) The President shall submit a report to the House of Representatives and the Senate not later than the 10th day of each month during a fiscal year, listing all budget authority for that fiscal year with respect to which, as of the first day of such month

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