Impoundment Control Act of 1974
TITLE X—IMPOUNDMENT CONTROL
PART B—CONGRESSIONAL CONSIDERATION OF PROPOSED RESCISSIONS, RESERVATIONS, AND DEFERRAL OF BUDGET AUTHORITY
rescission of budget authority
Sec. 1012.[1] (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to carry out the full objectives or scope of programs for which it is provided or that such budget authority should be rescinded for fiscal policy or other reasons (including the determination of authorized projects or activities for which budget authority has been provided), or whenever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(1) the amount of budget authority which he proposes to be rescinded or which is to be so reserved;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(3) the reasons why the budget authority should be rescinded or is to be so reserved;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(b) Requirement To Make Available For Obligation.—Any amount of budget authority proposed to be rescinded or that is to be reserved as set forth in such special message shall be made available for obligation unless, within the prescribed 45-day period, the Congress has completed action on a rescission bill rescinding all or part of the amount proposed to be rescinded or that is to be reserved.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 rescission again.
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COUNSEL Notes
[1] This section is classified to the U.S. Code at 2 U.S.C. 683.
LEGISLATIVE HISTORY NOTES
Public Laws
Pub. L. 93–344, title X, §1012, July 12, 1974, 88 Stat. 333 (Congressional Budget and Impoundment Control Act of 1974).
Pub. L. 100–119, title II, §207, Sept. 29, 1987, 101 Stat. 786 (Balanced Budget and Emergency Deficit Control Reaffirmation Act of 1987).
Codification
Section 1011was formerly classified to section 1402 of Title 31, Money and Finance, United States Code, 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 (Title 31 Revision and Codification Law of 1982[1]).
Amendments
1987
Subsection (b).
Pub. L. 100–119 (BBEDCRA 1987[2]) inserted at the end of the section: “Funds made available for obligation under this procedure may not be proposed for rescission again.”
NOTES
[1] The long title of the colloquial reference (“Title 31 Revision and Codification Law of 1982”) is as follows: An Act to revise, codify, and enact without substantive change certain general and permanent laws, related to money and finance, as title 31, United States Code, “Money and Finance”.
[2] The full short title of BBEDCRA is: “Balanced Budget and Emergency Deficit Control Reaffirmation Act of 1987”.
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Budget Counsel 