2 U.S.C. § 682: Definitions

Summary

Explains key words used when the President asks to cancel or delay government spending. Deferral of budget authority means delaying or blocking funds—by setting aside money or any executive action that stops obligations—and can include contracts made before appropriations when law allows. Comptroller General: the Comptroller General of the United States. Rescission bill: a measure that cancels only the budget authority the President proposed and must be approved within the first 45 calendar days of continuous session after Congress gets the message. Impoundment resolution: a House or Senate resolution that objects only to a proposed spending delay. A session is broken only by adjournment sine die. Days when either House is out more than 3 days to a set date do not count toward the 45- and 25-day periods. If adjournment happens before those periods end (or the message arrives after adjournment), the message is treated as sent on the first day of the next Congress and the 45-day count begins the next day.

Title 2, §682

The Congress, Source: USLM XML via OLRC

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) 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bill” means a bill or joint resolution which only rescinds, in whole or in part, budget authority proposed to be rescinded in a special message transmitted by the President under section 683 of this title, and upon which the Congress completes action before the end of the first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 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 684 of this title; 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 683 of this title, and the 25-day periods referred to in section 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 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 683 of this title (with respect to such message) shall commence on the day after such first day.

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.

§682 Definitions

Summary

Title 2, §682

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