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Title 2 — The Congress

Chapter 17B — Impoundment Control

§ 683. Rescission of budget authority

Statutory text

(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to carry out the full objectives or scope of programs for which it is provided or that such budget authority should be rescinded for fiscal policy or other reasons (including the termination of authorized projects or activities for which budget authority has been provided), or whenever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the amount of budget authority which he proposes to be rescinded or which is to be so reserved;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the reasons why the budget authority should be rescinded or is to be so reserved;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Any amount of budget authority proposed to be rescinded or that is to be reserved as set forth in such special message shall be made available for obligation unless, within the prescribed 45-day period, the Congress has completed action on a rescission bill rescinding all or part of the amount proposed to be rescinded or that is to be reserved.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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 93–344 title X § 1012 · 88 Stat. 297

    Enacted · 2 U.S.C. § 683

    Pub. L. 93–344, title X, § 1012, July 12, 1974, 88 Stat. 333

    Source evidence

    Code source credit
    Pub. L. 93–344, title X, § 1012, July 12, 1974, 88 Stat. 333

    Enacted provision · exact public law section
    Sec. 1012. (a) Transmittal of Special Message.— Whenever the 31 USC 1402. 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 termination 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.

  2. Pub. L. 100–119 title II § 207 · 101 Stat. 754

    Inserted · 2 U.S.C. § 683(b)

    Pub. L. 100–119 inserted at end “Funds made available for obligation under this procedure may not be proposed for rescission again.”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 100–119 inserted at end “Funds made available for obligation under this procedure may not be proposed for rescission again.”

    Enacted provision · exact public law section
    SEC. 207. CLARIFICATION OF CONGRESSIONAL INTENT REGARDING RESCISSION AUTHORITY. Section 1012(b) of the Impoundment Control Act of 1974 is 2 USC 683. amended by adding at the end thereof the following: “Funds made available for obligation under this procedure may not be proposed for rescission again.”.

2 of 2 references resolved to an enrolled provision

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, , 96 Stat. 877.

Amendments

1987—Subsec. (b). Pub. L. 100–119 inserted at end “Funds made available for obligation under this procedure may not be proposed for rescission again.”

Credits

1974–1987 · 2 acts
  1. 1974Pub. L. 93–344, title X, § 1012, , 88 Stat. 333
  2. 1987Pub. L. 100–119, title II, § 207, , 101 Stat. 786.
Show as published

(Pub. L. 93–344, title X, § 1012, , 88 Stat. 333; Pub. L. 100–119, title II, § 207, , 101 Stat. 786.)

Parsed from the official OLRC USLM XML in data/usc_all/usc02.xml · release point 119-108 · OLRC build 2026-04-17

USLM identifier /us/usc/t2/s683