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2 U.S.C. § 686 — Reports by Comptroller General

Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 686 — Reports by Comptroller General

Page 220 TITLE 2—THE CONGRESS § 686 mentary message transmitted under subsection (c), shall be printed in the first issue of the Fed- eral Register published after such transmittal. (e) Cumulative reports of proposed rescissions, reservations, and deferrals of budget author- ity (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— (A) he has transmitted a special message under section 683 of this title with respect to a proposed rescission or a reservation; and (B) he has transmitted a special message under section 684 of this title proposing a de- ferral. Such report shall also contain, with respect to each such proposed rescission or deferral, or each such reservation, the information required to be submitted in the special message with re- spect thereto under section 683 or 684 of this title. (2) Each report submitted under paragraph (1) shall be printed in the first issue of the Federal Register published after its submission. (Pub. L. 93–344, title X, § 1014, July 12, 1974, 88 Stat. 335.) Editorial Notes CODIFICATION Section was formerly classified to section 1404 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. Executive Documents EX. ORD. NO. 11845. DELEGATION OF CERTAIN REPORTING FUNCTIONS TO DIRECTOR OF OFFICE OF MANAGEMENT AND BUDGET Ex. Ord. No. 11845, Mar. 24, 1975, 40 F.R. 13299, as amended by Ex. Ord. No. 12608, Sept. 9, 1987, 52 F.R. 34617, provided: By virtue of the authority vested in me by the Im- poundment Control Act of 19

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Page 220 TITLE 2—THE CONGRESS § 686 mentary message transmitted under subsection (c), shall be printed in the first issue of the Fed- eral Register published after such transmittal. (e) Cumulative reports of proposed rescissions, reservations, and deferrals of budget author- ity (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— (A) he has transmitted a special message under section 683 of this title with respect to a proposed rescission or a reservation; and (B) he has transmitted a special message under section 684 of this title proposing a de- ferral. Such report shall also contain, with respect to each such proposed rescission or deferral, or each such reservation, the information required to be submitted in the special message with re- spect thereto under section 683 or 684 of this title. (2) Each report submitted under paragraph (1) shall be printed in the first issue of the Federal Register published after its submission. (Pub. L. 93–344, title X, § 1014, July 12, 1974, 88 Stat. 335.) Editorial Notes CODIFICATION Section was formerly classified to section 1404 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. Executive Documents EX. ORD. NO. 11845. DELEGATION OF CERTAIN REPORTING FUNCTIONS TO DIRECTOR OF OFFICE OF MANAGEMENT AND BUDGET Ex. Ord. No. 11845, Mar. 24, 1975, 40 F.R. 13299, as amended by Ex. Ord. No. 12608, Sept. 9, 1987, 52 F.R. 34617, provided: By virtue of the authority vested in me by the Im- poundment Control Act of 1974 (Public Law 93–344; 88 Stat. 332, (2 U.S.C. 681 et seq.), hereinafter referred to as the Act) [subchapters I and II of this chapter], and section 301 of title 3 of the United States Code, the Di- rector of the Office of Management and Budget is here- by designated and empowered to exercise, as of October 1, 1974 without ratification or other action of the Presi- dent (1) the functions required by sections 1014(b) and 1014(d) of the Act [subsecs. (b) and (d) of this section] of transmitting to the Comptroller General of the United States and to the Office of the Federal Register copies of special messages transmitted pursuant to sec- tion 1012 or 1013 (2 U.S.C. 683 and 684) of the Act; and (2) the function conferred upon the President by section 1014(e) of the Act (2 U.S.C. 685(e)) of submitting to the Congress cumulative reports of proposed rescissions, reservations, and deferrals of budget authority. § 686. Reports by Comptroller General (a) Failure to transmit special message If the Comptroller General finds that the President, the Director of the Office of Manage- ment and Budget, the head of any department or agency of the United States, or any other officer or employee of the United States— (1) is to establish a reserve or proposes to defer budget authority with respect to which the President is required to transmit a special message under section 683 or 684 of this title; or (2) has ordered, permitted, or approved the establishment of such a reserve or a deferral of budget authority; and that the President has failed to transmit a special message with respect to such reserve or deferral, the Comptroller General shall make a report on such reserve or deferral and any avail- able information concerning it to both Houses of Congress. The provisions of sections 682 to 688 of this title shall apply with respect to such re- serve or deferral in the same manner and with the same effect as if such report of the Comp- troller General were a special message trans- mitted by the President under section 683 or 684 of this title, and, for purposes of sections 682 to 688 of this title, such report shall be considered a special message transmitted under section 683 or 684 of this title. (b) Incorrect classification of special message If the President has transmitted a special mes- sage to both Houses of Congress in accordance with section 683 or 684 of this title, and the Comptroller General believes that the President so transmitted the special message in accord- ance with one of those sections when the special message should have been transmitted in ac- cordance with the other of those sections, the Comptroller General shall make a report to both Houses of the Congress setting forth his reasons. (Pub. L. 93–344, title X, § 1015, July 12, 1974, 88 Stat. 336.) Editorial Notes CODIFICATION Section was formerly classified to section 1405 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. Statutory Notes and Related Subsidiaries REAFFIRMATION Pub. L. 100–119, title II, § 206(c), Sept. 29, 1987, 101 Stat. 786, provided that: ‘‘Sections 1015 and 1016 of the Impoundment Control Act of 1974 [2 U.S.C. 686, 687] are reaffirmed.’’ § 687. Suits by Comptroller General If, under this chapter, budget authority is re- quired 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, of- ficer, or employee of the United States, any de- cree, judgment, or order which may be necessary or appropriate to make such budget authority available for obligation. No civil action shall be brought by the Comptroller General under this

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Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 681 — Disclaimer

Nothing contained in this Act, or in any amendments made by this Act, shall be construed as— (1) asserting or conceding the constitutional powers or limitations of either the Congress or the President; (2) ratifying or approving any impoundment heretofore or hereafter executed or approved by the President or any other Federal officer or employee, except insofar as pursuant to statutory authorization then in effect; (3) affecting in any way the claims or defenses of any party to litigation concerning any impoundment; or (4) superseding any provision of law which requires the obligation of budget authority or the making of outlays thereunder.

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Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 681 — Disclaimer

Page 217 TITLE 2—THE CONGRESS § 681 Title 31, prior to repeal and reenactment as sections 1105(a)(15), 1106(b), and 1108(d) of Title 31, Money and Fi- nance, by Pub. L. 97–258, § 5(b), Sept. 13, 1982, 96 Stat. 1068, the first section of which enacted Title 31. Section 665a, Pub. L. 93–344, title VI, § 602, as added Pub. L. 101–508, title XIII, § 13111, Nov. 5, 1990, 104 Stat. 1388–603; amended Pub. L. 103–322, title XXXI, § 310001(f)(1), Sept. 13, 1994, 108 Stat. 2103, related to committee allocations and enforcement. A prior section 602 of Pub. L. 93–344, title VI, July 12, 1974, 88 Stat. 324, was classified to section 11 of former Title 31, prior to repeal and reenactment as section 1106(a) of Title 31, Money and Finance, by Pub. L. 97–258, § 5(b), Sept. 13, 1982, 96 Stat. 1068, the first sec- tion of which enacted Title 31. Section 665b, Pub. L. 93–344, title VI, § 603, as added Pub. L. 101–508, title XIII, § 13111, Nov. 5, 1990, 104 Stat. 1388–605, related to consideration of legislation before adoption of budget resolution for that fiscal year. A prior section 603 of Pub. L. 93–344, title VI, July 12, 1974, 88 Stat. 324, was classified to section 11 of former Title 31, prior to repeal and reenactment in section 1105(a)(1)–(14) of Title 31, Money and Finance, by Pub. L. 97–258, § 5(b), Sept. 13, 1982, 96 Stat. 1068, the first sec- tion of which enacted Title 31. Section 665c, Pub. L. 93–344, title VI, § 604, as added Pub. L. 101–508, title XIII, § 13111, Nov. 5, 1990, 104 Stat. 1388–605, related to reconciliation directives regarding pay-as-you-go requirements. A prior section 604 of Pub. L. 93–344, title VI, July 12, 1974, 88 Stat. 324, was classified to section 11 of former Title 31, prior to repeal and reenactment in section 110

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Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 683 — Rescission of budget authority

**(a) Transmittal of special message** Whenever the President determines that all or part of any budget authority will not be required to carry out the full objectives or scope of programs for which it is provided or that such budget authority should be rescinded for fiscal policy or other reasons (including the termination of authorized projects or activities for which budget authority has been provided), or whenever all or part of budget authority provided for only one fiscal year is to be reserved from obligation for such fiscal year, the President shall transmit to both Houses of Congress a special message specifying— (1) the amount of budget authority which he proposes to be rescinded or which is to be so reserved; (2) any account, department, or establishment of the Government to which such budget authority is available for obligation, and the specific project or governmental functions involved; (3) the reasons why the budget authority should be rescinded or is to be so reserved; (4) to the maximum extent practicable, the estimated fiscal, economic, and budgetary effect of the proposed rescission or of the reservation; and (5) all facts, circumstances, and considerations relating to or bearing upon the proposed rescission or the reservation and the decision to effect the proposed rescission or the reservation, and to the maximum extent practicable, the estimated effect of the proposed rescission or the reservation upon the objects, purposes, and programs for which the budget authority is provided. **(b) Requirement to make available for obligation** Any amount of budget authority proposed to be rescinded or that is to be reserved as set forth in such special message shall be made available for obligation unless, within the prescribed 45-day period, the Congr

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Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 683 — Rescission of budget authority

Page 218 TITLE 2—THE CONGRESS § 682 104–130, set out as an Effective and Termination Dates note under section 691 of this title. SHORT TITLE For short title of title X of Pub. L. 93–344, which en- acted this chapter, as the ‘‘Impoundment Control Act of 1974’’, see section 1(a) of Pub. L. 93–344, as amended, set out as a note under section 621 of this title. SUBCHAPTER II—CONGRESSIONAL CONSID- ERATION OF PROPOSED RESCISSIONS, RESERVATIONS, AND DEFERRALS OF BUDGET AUTHORITY § 682. Definitions For purposes of sections 682 to 688 of this title— (1) ‘‘deferral of budget authority’’ includes— (A) withholding or delaying the obligation or expenditure of budget authority (whether by establishing reserves or otherwise) pro- vided for projects or activities; or (B) any other type of Executive action or inaction which effectively precludes the ob- ligation or expenditure of budget authority, including authority to obligate by contract in advance of appropriations as specifically authorized by law; (2) ‘‘Comptroller General’’ means the Comp- troller General of the United States; (3) ‘‘rescission bill’’ means a bill or joint res- olution which only rescinds, in whole or in part, budget authority proposed to be re- scinded in a special message transmitted by the President under section 683 of this title, and upon which the Congress completes action before the end of the first period of 45 calendar days of continuous session of the Congress after the date on which the President’s mes- sage is received by the Congress; (4) ‘‘impoundment resolution’’ means a reso- lution of the House of Representatives or the Senate which only expresses its disapproval of a proposed deferral of budget authority set forth in a special message transmitted by the Presiden

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Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 685 — Transmission of messages; publication

**(a) Delivery to House and Senate** Each special message transmitted under section 683 or 684 of this title 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 683 or 684 of this title, 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 section 683 or 684 of this title, 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 under [section 683 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section683&num=0&edition=prelim), 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 684 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section684&num=0&edition=prelim), (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 st

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Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 685 — Transmission of messages; publication

Page 219 TITLE 2—THE CONGRESS § 685 § 684. Proposed deferrals of budget authority (a) Transmittal of special message 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 pro- posed to be deferred; (2) any account, department, or establish- ment of the Government to which such budget authority is available for obligation, and the specific projects or governmental functions in- volved; (3) the period of time during which the budg- et authority is proposed to be deferred; (4) the reasons for the proposed deferral, in- cluding any legal authority invoked to justify the proposed deferral; (5) to the maximum extent practicable, the estimated fiscal, economic, and budgetary ef- fect of the proposed deferral; and (6) all facts, circumstances, and consider- ations relating to or bearing upon the pro- posed 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 au- thority, including specific elements of legal authority, invoked to justify such proposed deferral, and to the maximum extent prac- ticable, the estimated effect of the proposed deferral upon the objects, purposes, and pro- grams for which the budget authority is pro- vided. A special message may include one or more pro- posed deferrals of budget authority. A deferral may not be proposed for any period of time ex- tending beyo

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Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 686 — Reports by Comptroller General

**(a) Failure to transmit special message** If the Comptroller General finds that the President, the Director of the Office of Management and Budget, the head of any department or agency of the United States, or any other officer or employee of the United States— (1) is to establish a reserve or proposes to defer budget authority with respect to which the President is required to transmit a special message under section 683 or 684 of this title; or (2) has ordered, permitted, or approved the establishment of such a reserve or a deferral of budget authority; and that the President has failed to transmit a special message with respect to such reserve or deferral, the Comptroller General shall make a report on such reserve or deferral and any available information concerning it to both Houses of Congress. The provisions of sections 682 to 688 of this title shall apply with respect to such reserve or deferral in the same manner and with the same effect as if such report of the Comptroller General were a special message transmitted by the President under section 683 or 684 of this title, and, for purposes of sections 682 to 688 of this title, such report shall be considered a special message transmitted under section 683 or 684 of this title. **(b) Incorrect classification of special message** If the President has transmitted a special message to both Houses of Congress in accordance with section 683 or 684 of this title, and the Comptroller General believes that the President so transmitted the special message in accordance with one of those sections when the special message should have been transmitted in accordance with the other of those sections, the Comptroller General shall make a report to both Houses of the Congress setting forth his reasons.

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