Any amount of budget authority proposed to be rescinded or that is to be reserved as set forth in such special message shall be made available for obligation unless, within the prescribed 45-day period, the Congress has completed action on a rescission bill rescinding all or part of the amount proposed to be rescinded or that is to be reserved.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.
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2 U.S. Code § 683 - Rescission of budget authority
(a) Transmittal of special messageWhenever 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to carry out the full objectives or scope of programs for which it is provided or that such budget authority should be rescinded for fiscal policy or other reasons (including the termination of authorized projects or activities for which budget authority has been provided), or whenever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—
(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;
(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
(Pub. L. 93–344, title X, § 1012, July 12, 1974, 88 Stat. 333; Pub. L. 100–119, title II, § 207, Sept. 29, 1987, 101 Stat. 786.)
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.”