The Impoundment Control Act of 1974: Legislative History and Implementation Page: 4
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THE IMPOUNDMENT CONTROL ACT OF 1974
Summary and Background
The Impoundment Control Act is Title X of the Congressional Budget and
Impoundment Control Act of 1974. It was enacted into law on July 12, 1974
and took effect on that date. The purpose of this report is to provide a
section by section legislative history and analysis of the Act as well as to
describe its early implementation. This report generally covers implementation
through the first session of the 94th Congress. It thus encompasses 15 months
of experience with the new procedures, sufficient time to discern patterns of
implementation by Congress and the Executive Branch.
Title X of the Congressional Budget and Impoundment Control Act estab-
lishes a procedure for congressional review and control of impoundments. It
also amends the Antideficiency Act to limit the purposes for which reserves
may be established. Under the new law, funds may be withheld (that is, re-
served from apportionment) only for contingencies or when they no longer are
needed. because of changed requirements or efficiency of operations.
Title X distinguishes between the rescission and deferral of budget
authority and applies different procedures to each. Rescissions may be pro-
posed when the President does not anticipate any future need for the funds or
when the withheld funds would lapse if not obligated before the end of the
fiscal year. Deferrals are to be proposed when the President anticipates
future but not current need for the funds. The President may not propose
the deferral of one-year money for the full year or funds which would expire
by the end of the fiscal year. For both proposed rescissions and deferrals,
the President is to transmit a special message to Congress providing certain
required information concerning his action.-7-M-7- "R.M -MM
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Schick, Allen. The Impoundment Control Act of 1974: Legislative History and Implementation, report, February 27, 1976; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc1228658/m1/4/: accessed June 9, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.