2 U.S.C. § 682 — Definitions

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.’’