PRIA, Government Policy, Made Personal

Summary

When the President decides some budget money is not needed, should be cut for budget reasons, or should be held back for a single fiscal year, the President must send a written notice to both the House and the Senate. The notice must say how much money is involved; which agency, account, and program or project it affects; the reasons for the cut or hold; the estimated fiscal, economic, and budget effects when possible; and any other facts and likely effects on the programs or purposes tied to that money. If Congress does not pass a bill to rescind all or part of the proposed amount within 45 days, the money must be released for obligation. Money released this way cannot be proposed for rescission again.

Title 2, §683

The Congress, Source: USLM XML via OLRC

(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to carry out the full objectives or scope of programs for which it is provided or that such budget authority should be rescinded for fiscal policy or other reasons (including the termination of authorized projects or activities for which budget authority has been provided), or whenever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(1)the amount of budget authority which he proposes to be rescinded or which is to be so reserved;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(3)the reasons why the budget authority should be rescinded or is to be so reserved;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Any amount of budget authority proposed to be rescinded or that is to be reserved as set forth in such special message shall be made available for obligation unless, within the prescribed 45-day period, the Congress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.

Notes & Related Subsidiaries

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 procedure may not be proposed for rescission again.”

§683 Rescission of Budget Authority

Summary

Title 2, §683

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata