2 U.S.C. § 687 — Suits 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 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 Page 221 TITLE 2—THE CONGRESS § 688 section until the expiration of 25 calendar days of continuous session of the Congress following the date on which an explanatory statement by the Comptroller General of the circumstances giving rise to the action contemplated has been filed with the Speaker of the House of Rep- resentatives and the President of the Senate. (Pub. L. 93–344, title X, § 1016, July 12, 1974, 88 Stat. 336; Pub. L. 98–620, title IV, § 402(35), Nov. 8, 1984, 98 Stat. 3360; Pub. L. 100–119, title II, § 206(b), Sept. 29, 1987, 101 Stat. 786.) Editorial Notes CODIFICATION Section was formerly classified to section 1406 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 substituted ‘‘If, under this chap- ter’’ for ‘‘If, under section 683(b) or 684(b) of this title’’. 1984—Pub. L. 98–620 struck out provision requiring that the courts give precedence to civil actions brought under this section, and to appeals and writs from deci- sions in such actions, over all other civil actions, ap- peals, and writs. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98–620 not applicable to cases pending on Nov. 8, 1984, see section 403 of Pub. L. 98–620, set out as an Effective Date note under section 1657 of Title 28, Judiciary and Judicial Procedure. REAFFIRMATION For provision reaffirming this section, see section 206(c) of Pub. L. 100–119, set out as a note under section 686 of this title. § 688. Procedure in House of Representatives and Senate (a) Referral Any rescission bill introduced with respect to a special message or impoundment resolution introduced with respect to a proposed deferral of budget authority shall be referred to the appro- priate committee of the House of Representa- tives or the Senate, as the case may be. (b) Discharge of committee (1) If the committee to which a rescission bill or impoundment resolution has been referred has not reported it at the end of 25 calendar days of continuous session of the Congress after its introduction, it is in order to move either to dis- charge the committee from further consider- ation of the bill or resolution or to discharge the committee from further consideration of any other rescission bill with respect to the same special message or impoundment resolution with respect to the same proposed deferral, as the case may be, which has been referred to the committee. (2) A motion to discharge may be made only by an individual favoring the bill or resolution, may be made only if supported by one-fifth of the Members of the House involved (a quorum being present), and is highly privileged in the House and privileged in the Senate (except that it may not be made after the committee has re- ported a bill or resolution with respect to the same special message or the same proposed de- ferral, as the case may be); and debate thereon shall be limited to not more than 1 hour, the time to be divided in the House equally between those favoring and those opposing the bill or resolution, and to be divided in the Senate equally between, and controlled by, the major- ity leader and the minority leader or their des- ignees. An amendment to the motion is not in order, and it is not in order to move to recon- sider the vote by which the motion is agreed to or disagreed to. (c) Floor consideration in House (1) When the committee of the House of Rep- resentatives has reported, or has been dis- charged from further consideration of, a rescis- sion bill or impoundment resolution, it shall at any time thereafter be in order (even though a previous motion to the same effect has been dis- agreed to) to move to proceed to the consider- ation of the bill or resolution. The motion shall be highly privileged and not debatable. An amendment to the motion shall not be in order, nor shall it be in order to move to reconsider the vote by which the motion is agreed to or dis- agreed to. (2) Debate on a rescission bill or impoundment resolution shall be limited to not more than 2 hours, which shall be divided equally between those favoring and those opposing the bill or resolution. A motion further to limit debate shall not be debatable. In the case of an im- poundment resolution, no amendment to, or mo- tion to recommit, the resolution shall be in order. It shall not be in order to move to recon- sider the vote by which a rescission bill or im- poundment resolution is agreed to or disagreed to. (3) Motions to postpone, made with respect to the consideration of a rescission bill or im- poundment resolution, and motions to proceed to the consideration of other business, shall be decided without debate. (4) All appeals from the decisions of the Chair relating to the application of the Rules of the House of Representatives to the procedure relat- ing to any rescission bill or impoundment reso- lution shall be decided without debate. (5) Except to the extent specifically provided in the preceding provisions of this subsection, consideration of any rescission bill or impound- ment resolution and amendments thereto (or any conference report thereon) shall be governed by the Rules of the House of Representatives ap- plicable to other bills and resolutions, amend- ments, and conference reports in similar cir- cumstances. (d) Floor consideration in Senate (1) Debate in the Senate on any rescission bill or impoundment resolution, and all amendments thereto (in the case of a rescission bill) and de- batable motions and appeals in connection therewith, shall be limited to not more than 10 hours. The time shall be equally divided be- tween, and controlled by, the majority leader and the minority leader or their designees. (2) Debate in the Senate on any amendment to a rescission bill shall be limited to 2 hours, to be