Section 1011, as Enacted
Part B—Congressional Consideration of Proposed Rescissions, Reservations, and Deferrals of Budget Authority
Sec. 1011. For purposes of this part—
(1) “deferral of budget authority” includes—
(A) withholding or delaying the obligation or expenditure of budget authority (whether by establishing reserves or otherwise) provided for projects or activities; or
(B) any other type of Executive action or inaction which effectively precludes the obligation 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 Comptroller General of the United States;
(3) “rescission bill” means a bill or joint resolution which only rescinds, in whole or in part, budget authority proposed to be rescinded in a special message transmitted by the President under section 1012, and upon which the Congress completes action before the end of the first period of 45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 message is received by the Congress;
(4) “impoundment resolution” means a resolution 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 1013; and
(5) continuity of a session of the Congress shall be considered as broken only by an adjournment 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 computation of the 45-day period referred to in paragraph (3) of this section and in section 1012, and the 25-day periods referred to in sections 1016 and 1017(b) (1). If a special message is transmitted under section 1012 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 Congress 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 1012 (with respect to such message) shall commence on the day after such first day.
DESCRIPTION OF SECTION FROM JOINT STATEMENT ON THE CONFERENCE COMMITTEE
The Committee on the Budget of the House issued a committee print setting froth an explanatory statement of the managers of the committee of conference on H.R. 7130, the bill which was enacted as the Congressional Budget and Impoundment Control Act of 1974.It included a single description for the Impoundment Control Act of 1974 (title X of that law). Please see the Explanatory Statement of Managers of the Title X of the Impoundment Control Act of 1974 for this description.
[Joint Explanatory Statement on the Committee of Conference on H.R. 7130; (Committee Print), Committee on the Budget, House of Representatives, 93d Congress, 2d Session, Washington D.C. 1975.]
This section was formerly classified to 31 U.S.C. 1401. It was transferred to 2 U.S.C. 682.
LEGISLATIVE HISTORY NOTES
Pub. L. 93–344, §1011, July 12, 1974, 88 Stat. 333. The Congressional Budget and Impoundment Control Act of 1974 enacted this section into law.
REVISION OF TITLE 31 OF THE U.S. CODE
Most of the Congressional Budget Act of 1974 was classified to Title 31 of the U.S. Code but has since been transferred either to title 2 (The Congress) or to a revised Title 31. See the following for more information:
- Pub. L. 97–258, §1, Sept. 13, 1982, 96 Stat. 877
- Title 31 Revision and Codification Law of 1982
- Revision of Title 31
- Table on the House Law Revision Counsel Website.
[BCR § 183]