2 U.S.C. § 682 — Definitions

submitted 52 years ago by Pub. L. 93-344 to r/title-2-THE-CONGRESS · 391 words · no verdicts yet

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For sections 682 through 688, this section defines budget deferral, Comptroller General, rescission bill, and impoundment resolution. It also sets how congressional-session days and the 45-day and 25-day periods are counted.

For sections 682 through 688: (1) “Deferral of budget authority” includes (A) withholding or delaying obligation or spending of authority for projects or activities, whether through reserves or otherwise, and (B) any Executive action or failure to act that effectively prevents obligation or spending, including contract authority in advance of appropriations when law specifically allows it. (2) “Comptroller General” means the Comptroller General of the United States. (3) “Rescission bill” means a bill or joint resolution that only rescinds all or part of budget authority the President proposed to rescind in a section 683 special message, and on which Congress finishes acting before the first 45-calendar-day continuous-session period ends after Congress receives the message. (4) “Impoundment resolution” means a House or Senate resolution that only disapproves a proposed budget-authority deferral in a section 684 special message. (5) A congressional session’s continuity is broken only by an adjournment sine die. Days when either House is not in session because it adjourned for more than 3 days to a fixed date are excluded from the 45-day count in paragraph (3) and section 683 and the 25-day counts in sections 687 and 688(b)(1). If a section 683 message is sent during a Congress and its final session adjourns sine die before 45 continuous calendar days pass, or the message is sent after that adjournment, the message is treated as resent on the first day of the next Congress. The relevant 45-day period begins the day after that first day.

the actual law source: uscode.house.gov ↗public domain

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 sections 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.

Source credit: (Pub. L. 93–344, title X, § 1011, July 12, 1974, 88 Stat. 333.)

history & why it existsrecord from the source credit

1974Enacted · Pub. L. 93-344 · 88 Stat. 333

A history note hasn’t been published yet. The record shows enactment by Pub. L. 93-344 on 1974-07-12.

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