Sec. 106. Penalties for failure to comply with the Impoundment Control Act of 1974
572 words·~3 min read·
/bill/119/hr/5220/ih/section-106·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Part B of the Impoundment Control Act of 1974 ( 2 U.S.C. 682 et seq. ), as amended by section 103(a), is further amended by adding at the end the following: An officer or employee of the United States Government who withholds or causes to be withheld the obligation of budget authority that is required to be made available for obligation under this part shall be subject to appropriate administrative discipline, including, when circumstances warrant, suspension from duty without pay or removal from office.
An officer or employee of the United States Government who knowingly and willfully withholds or causes to be withheld the obligation of budget authority that is required to be made available for obligation under this part shall be fined not more than $5,000, imprisoned for not more than 2 years, or both. In the event of a violation of section 1001, 1012, 1013, or 1018 of this part, or in the case that the Comptroller General issues a legal decision concluding that a department, agency, or office of the United States violated this part, the President or the head of the relevant department or agency as the case may be, shall report immediately to Congress all relevant facts and a statement of actions taken.
A copy of each report shall also be transmitted to the Comptroller General and the relevant inspector general on the same date the report is transmitted to the Congress. Any such report shall include a summary of the facts pertaining to the violation, the title and Treasury Appropriation Fund Symbol of the appropriation or fund account, the amount involved for each violation, the date on which the violation occurred, the position of any individuals responsible for the violation, a statement of the administrative discipline imposed and any further action taken with respect to any officer or employee involved in the violation, a statement of any additional action taken to prevent recurrence of the same type of violation, and any written response by any officer or employee identified by position as involved in the violation.
In the case that the Comptroller General issues a legal decision concluding that a department, agency, or office of the United States violated this part and the relevant department, agency, or office does not agree that a violation has occurred, the report provided to Congress, the Comptroller General, and relevant inspector general will explain the position of the department, agency, or office. If any such report identifies the position of any officer or employee as involved in the violation, such officer or employee shall be provided a reasonable opportunity to respond in writing, and any such response shall be appended to the report.
In the case that a report is transmitted under subsection (c), the Attorney General shall promptly review such report and investigate to the extent necessary to determine whether there are reasonable grounds to believe that the responsible officer or employee knowingly and willfully violated section 1001, 1012, 1013, or 1018 of this part, as applicable. If the Attorney General determines that there are such reasonable grounds, the Attorney General diligently shall investigate a criminal violation under this section. .
The table of contents of the Congressional Budget and Impoundment Control Act of 1974 set forth in section 1(b) of such Act, as amended by section 103(b), is further amended by inserting after the item relating to section 1019 the following: 1020. Penalties for failure to comply. .
Connectionstraces to 1
Traces to 1 document
U.S. Code
Citation graph
cites case law
Sec. 106
Penalties for failure to comply with the Impoundment Control Act of 1974
Cites 1Cited by 0 across 0 sources