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 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 665d, Pub. L. 93–344, title VI, § 605, as added Pub. L. 101–508, title XIII, § 13111, Nov. 5, 1990, 104 Stat. 1388–606, related to application of section 642 of this title and points of order in Senate for measures exceed- ing specified maximum deficit amount. A prior section 605 of Pub. L. 93–344, title VI, July 12, 1974, 88 Stat. 325, was classified to section 11a of former Title 31, prior to repeal and reenactment in section 1109 of Title 31, Money and Finance, by Pub. L. 97–258, § 5(b), Sept. 13, 1982, 96 Stat. 1068, the first section of which enacted Title 31. Section 665e, Pub. L. 93–344, title VI, § 606, as added Pub. L. 101–508, title XIII, § 13111, Nov. 5, 1990, 104 Stat. 1388–606; amended Pub. L. 104–121, title I, § 103(c), Mar. 29, 1996, 110 Stat. 849; Pub. L. 104–193, title II, § 211(d)(5)(C), Aug. 22, 1996, 110 Stat. 2192, related to 5- year budget resolutions and requirement that budget resolutions conform to Balanced Budget and Emer- gency Deficit Control Act of 1985. A prior section 606 of Pub. L. 93–344, title VI, July 12, 1974, 88 Stat. 325, was classified to section 661 of this title, prior to repeal by Pub. L. 99–177, title II, § 223, Dec. 12, 1985, 99 Stat. 1060. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 93–344, title VI, § 607, as added by Pub. L. 101–508, title XIII, § 13111, Nov. 5, 1990, 104 Stat. 1388–607, and amended by Pub. L. 103–66, title XIV, § 14002(c)(3)(B), Aug. 10, 1993, 107 Stat. 684, provided that title VI of Pub. L. 93–344, enacting this subchapter, was effective Nov. 5, 1990, and was applicable to fiscal years 1991 to 1998, prior to repeal by Pub. L. 105–33, title X, § 10118(a), Aug. 5, 1997, 111 Stat. 695. CHAPTER 17B—IMPOUNDMENT CONTROL SUBCHAPTER I—GENERAL PROVISIONS Sec. 681. Disclaimer. SUBCHAPTER II—CONGRESSIONAL CONSIDER- ATION OF PROPOSED RESCISSIONS, RESERVA- TIONS, AND DEFERRALS OF BUDGET AUTHOR- ITY 682. Definitions. Sec. 683. Rescission of budget authority. 684. Proposed deferrals of budget authority. 685. Transmission of messages; publication. 686. Reports by Comptroller General. 687. Suits by Comptroller General. 688. Procedure in House of Representatives and Senate. SUBCHAPTER III—LINE ITEM VETO 691 to 692. Omitted. SUBCHAPTER I—GENERAL PROVISIONS § 681. Disclaimer Nothing contained in this Act, or in any amendments made by this Act, shall be con- strued 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 de- fenses 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. (Pub. L. 93–344, title X, § 1001, July 12, 1974, 88 Stat. 332.) Editorial Notes REFERENCES IN TEXT This Act, referred to in provision preceding par. (1), means Pub. L. 93–344, July 12, 1974, 88 Stat. 297, known as the Congressional Budget and Impoundment Control Act of 1974, which enacted chapters 17, 17A, and 17B, and section 190a–3 of this title and sections 11a, 11c, 11d, 1020a of former Title 31, amended sections 11, 665, 701, 1020, 1151, 1152, 1153, and 1154 of former Title 31, section 105 of Title 1, General Provisions, sections 190b and 190d of this title, repealed sections 571 and 581c–1 of former Title 31 and sections 66 and 81 of this title, and enacted provisions set out as notes under sections 190a–1, 621, 632, and 682 of this title, section 105 of Title 1, and sec- tion 1020 of former Title 31. For complete classification of this Act to the Code, see Short Title note set out under section 621 of this title and Tables. CODIFICATION Section was formerly classified to section 1400 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 EFFECTIVE DATE Chapter effective July 12, 1974, see section 905(a) of Pub. L. 93–344, formerly set out as a note under section 621 of this title. SHORT TITLE OF 1996 AMENDMENT Pub. L. 104–130, § 1, Apr. 9, 1996, 110 Stat. 1200, which provided that Pub. L. 104–130 (enacting former sub- chapter III (§ 691 et seq.) of this chapter and provisions set out as a note under section 691 of this title and amending provisions set out as notes under section 621 of this title) could be cited as the ‘‘Line Item Veto Act’’, was omitted pursuant to section 5 of Pub. L. 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 President under section 684 of this title; and (5) continuity of a session of the Congress shall be considered as broken only by an ad- journment of the Congress sine die, and the days on which either House is not in session because of an adjournment of more than 3 days to a day certain shall be excluded in the com- putation of the 45-day period referred to in paragraph (3) of this section and in section 683 of this title, and the 25-day periods referred to in sections 687 and 688(b)(1) of this title. If a special message is transmitted under section 683 of this title during any Congress and the last session of such Congress adjourns sine die before the expiration of 45 calendar days of continuous session (or a special message is so transmitted after the last session of the Con- gress adjourns sine die), the message shall be deemed to have been retransmitted on the first day of the succeeding Congress and the 45-day period referred to in paragraph (3) of this section and in section 683 of this title (with respect to such message) shall com- mence on the day after such first day. (Pub. L. 93–344, title X, § 1011, July 12, 1974, 88 Stat. 333.) Editorial Notes CODIFICATION Section was formerly classified to section 1401 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. § 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 re- quired 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 termi- nation of authorized projects or activities for which budget authority has been provided), or whenever all or part of budget authority pro- vided for only one fiscal year is to be reserved from obligation for such fiscal year, the Presi- dent 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 establish- ment of the Government to which such budget authority is available for obligation, and the specific project or governmental functions in- volved; (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 ef- fect of the proposed rescission or of the res- ervation; and (5) all facts, circumstances, and consider- ations relating to or bearing upon the pro- posed rescission or the reservation and the de- cision to effect the proposed rescission or the reservation, and to the maximum extent prac- ticable, 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 Congress has completed action on a rescission bill rescinding all or part of the amount proposed to be rescinded or that is to be reserved. Funds made available for obligation under this procedure may not be proposed for re- scission again. (Pub. L. 93–344, title X, § 1012, July 12, 1974, 88 Stat. 333; Pub. L. 100–119, title II, § 207, Sept. 29, 1987, 101 Stat. 786.) Editorial Notes CODIFICATION Section was formerly classified to section 1402 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—Subsec. (b). Pub. L. 100–119 inserted at end ‘‘Funds made available for obligation under this proce- dure may not be proposed for rescission again.’’