Justiciability and severability

(a) In general Title X of the Congressional Budget and Impoundment Control Act of 1974 (2 U.S.C. 686) is amended by inserting after section 1017 the following new section: 1018. Justiciability (a) In general If, under this part, budget authority is required to be made available for obligation or expenditure and such budget authority is not made available for obligation or expenditure, such action or failure to take action shall constitute final agency action within the meaning of section 704 of title 5, United States Code. Such action or failure to act is not committed to agency discretion by law within the meaning of section 701 of title 5, United States Code. (b) Rule of construction This section shall not be construed to prevent the President from proposing budget authority for deferral or rescission under section 1012 or 1013. 1019. Severability If any provision of this Act, or the application thereof, is held invalid, the validity of the remainder of this Act and its application to other circumstances shall not be affected thereby.. (b) Clerical amendment The table of contents in section 1(b) of the Congressional Budget and Impoundment Control Act of 1974 (2 U.S.C. 621 note) is amended by inserting after the item relating to section 1017 the following new items: Sec. 1018. Justiciability. Sec. 1019. Severability..