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 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.’’ 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 beyond the end of the fiscal year in which the special message proposing the deferral is transmitted to the House and the Senate. (b) Consistency with legislative policy Deferrals shall be permissible only— (1) to provide for contingencies; (2) to achieve savings made possible by or through changes in requirements or greater ef- ficiency of operations; or (3) as specifically provided by law. No officer or employee of the United States may defer any budget authority for any other pur- pose. (c) Exception The provisions of this section do not apply to any budget authority proposed to be rescinded or that is to be reserved as set forth in a special message required to be transmitted under sec- tion 683 of this title. (Pub. L. 93–344, title X, § 1013, July 12, 1974, 88 Stat. 334; Pub. L. 100–119, title II, § 206(a), Sept. 29, 1987, 101 Stat. 785.) Editorial Notes CODIFICATION Section was formerly classified to section 1403 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 amended section generally, sub- stituting substantially similar provisions in subsecs. (a) and (c) and substituting subsec. (b) for former sub- sec. (b) which read as follows: ‘‘Any amount of budget authority proposed to be deferred, as set forth in a spe- cial message transmitted under subsection (a) of this section, shall be made available for obligation if either House of Congress passes an impoundment resolution disapproving such proposed deferral.’’ § 685. Transmission of messages; publication (a) Delivery to House and Senate Each special message transmitted under sec- tion 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 mes- sage 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 Rep- resentatives and the Senate. In order to assist the Congress in the exercise of its functions under section 683 or 684 of this title, the Comp- troller 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 trans- mitted under section 683 of this title, the facts surrounding the proposed rescission or the res- ervation of budget authority (including the probable effects thereof); and (2) in the case of a special message trans- mitted under section 684 of this title, (A) the facts surrounding each proposed deferral of budget authority (including the probable ef- fects thereof) and (B) whether or not (or to what extent), in his judgment, such proposed deferral is in accordance with existing statu- tory authority. (c) Transmission of supplementary messages If any information contained in a special mes- sage transmitted under section 683 or 684 of this title is subsequently revised, the President shall transmit to both Houses of Congress and the Comptroller General a supplementary message stating and explaining such revision. Any such supplementary message shall be delivered, re- ferred, and printed as provided in subsection (a). The Comptroller General shall promptly notify the House of Representatives and the Senate of any changes in the information submitted by him under subsection (b) which may be neces- sitated by such revision. (d) Printing in Federal Register Any special message transmitted under sec- tion 683 or 684 of this title, and any supple-