IB 

Union Calendar No. 263 

112TH CONGRESS 

2D SESSION H. R. 3521 

[Report No. 112–364, Parts I and II] 

To amend the Congressional Budget and Impoundment Control Act of 1974 

to provide for a legislative line-item veto to expedite consideration of 

rescissions, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 30, 2011 

Mr. RYAN of Wisconsin (for himself and Mr. VAN HOLLEN) introduced the 

following bill; which was referred to the Committee on the Budget, and 

in addition to the Committee on Rules, for a period to be subsequently 

determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

JANUARY 17, 2012 

Reported from the Committee on the Budget with amendments 

[Omit the part struck through in brackets and insert the part printed in italic] 

JANUARY 17, 2012 

Referral to the Committee on Rules extended for a period ending not later 

than February 3, 2012 

FEBRUARY 2, 2012 

Additional sponsors: Mr. CONNOLLY of Virginia, Mr. BUCHANAN, Mr. COSTA, 

Mr. MANZULLO, Mr. WELCH, Mr. PAULSEN, Mr. YOUNG of Indiana, Mr. 

CHAFFETZ, Mr. LANKFORD, Mrs. BLACK, Mr. STUTZMAN, Mr. SHULER, 

Ms. CASTOR of Florida, Mr. HENSARLING, Mr. DUNCAN of South Carolina, Mr. MCCLINTOCK, Mr. RIBBLE, Mr. KINZINGER of Illinois, Mr. 

AKIN, Mr. JOHNSON of Illinois, Mr. MULVANEY, Mr. SHERMAN, Ms. 

BASS of California, Mr. CICILLINE, Mr. HUELSKAMP, Mr. LANCE, Mr. 

PENCE, Mr. COOPER, Mr. FLORES, Mr. BERG, Mr. GERLACH, Mr. 

CUELLAR, Ms. JENKINS, Mr. UPTON, Mr. LOEBSACK, and Mr. POLIS


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FEBRUARY 2, 2012 

Deleted sponsor: Mr. HONDA (added December 2, 2011; deleted December 13, 

2011) 

FEBRUARY 2, 2012 

Reported from the Committee on Rules with an amendment, committed to the 

Committee of the Whole House on the State of the Union, and ordered 

to be printed 

[Strike out all after the enacting clause and insert the part printed in boldface roman] 

A BILL 

To amend the Congressional Budget and Impoundment Control Act of 1974 to provide for a legislative line-item 

veto to expedite consideration of rescissions, and for 

other purposes. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Expedited Legislative 

5 Line-Item Veto and Rescissions Act of 2011’’. 

6 SEC. 2. CONGRESSIONAL CONSIDERATION OF PROPOSED 

7 RESCISSIONS AND DEFERRALS OF BUDGET 

8 AUTHORITY AND OBLIGATION LIMITATIONS. 

9 ø(a) IN GENERAL.—¿ Title X of the Congressional 

10 Budget and Impoundment Control Act of 1974 (2 U.S.C. 

11 621 et seq.) is amended by striking all of part B (except 

12 for sections 1015, 1016, and 1013, which are transferred 

13 and redesignated as sections 1017, 1018, and 1019, re14 spectively) and part C and by inserting after part A the 

15 following: 

16 ‘‘PART B—CONGRESSIONAL CONSIDERATION OF PRO17 POSED RESCISSIONS AND DEFERRALS OF BUDGET

18 AUTHORITY AND OBLIGATION LIMITATIONS

19 ‘‘CONGRESSIONAL CONSIDERATION OF PROPOSED RESCIS20 SIONS AND DEFERRALS OF BUDGET AUTHORITY AND

21 OBLIGATION LIMITATIONS

22 ‘‘SEC. 1011. (a) PROPOSED RESCISSIONS.—Within 

23 45 days after the enactment of any bill or joint resolution 

24 providing any funding, the President may propose, in the 


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1 manner provided in subsection (b), the rescission of all or 

2 part of any dollar amount of such funding. 

3 ‘‘(b) SPECIAL MESSAGE.—If the President proposes 

4 that Congress rescind funding, the President shall trans5 mit a special message to Congress containing the informa6 tion specified in this subsection. 

7 ‘‘(1) PACKAGING OF REQUESTED RESCIS8 SIONS.—For each piece of legislation that provides 

9 funding, the President shall request at most 2 pack10 ages of rescissions and the rescissions in each pack11 age shall apply only to funding contained in that leg12 islation. The President shall not include the same re13 scission in both packages. 

14 ‘‘(2) TRANSMITTAL.—The President shall de15 liver each message requesting a package of rescis16 sions to the Secretary of the Senate if the Senate is 

17 not in session and to the Clerk of the House of Rep18 resentatives if the House is not in session. The 

19 President shall make a copy of the transmittal mes20 sage publicly available, and shall publish in the Fed21 eral Register a notice of the message and informa22 tion on how it can be obtained. 

23 ‘‘(3) CONTENTS OF SPECIAL MESSAGE.—For 

24 each request to rescind funding under this part, the 

25 transmittal message shall— 


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1 ‘‘(A) specify— 

2 ‘‘(i) the dollar amount to be re3 scinded; 

4 ‘‘(ii) the agency, bureau, and account 

5 from which the rescission shall occur; 

6 ‘‘(iii) the program, project, or activity 

7 within the account (if applicable) from 

8 which the rescission shall occur; 

9 ‘‘(iv) the amount of funding, if any, 

10 that would remain for the account, pro11 gram, project, or activity if the rescission 

12 request is enacted; 

13 ‘‘(v) the reasons the President re14 quests the rescission; 

15 ‘‘(vi) to the maximum extent prac16 ticable, the estimated fiscal, economic, and 

17 budgetary effect (including the effect on 

18 outlays and receipts in each fiscal year) of 

19 the proposed rescission; 

20 ‘‘(vii) to the maximum extent prac21 ticable, all facts, circumstances, and con22 siderations relating to or bearing upon the 

23 proposed rescission and the decision to 

24 propose the rescission, and the estimated 


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1 effect of the proposed rescission upon the 

2 objects, purposes, or programs; and 

3 ‘‘(viii) if a second special message is 

4 transmitted pursuant to subsection (b)(2), 

5 a detailed explanation of why the proposed 

6 rescissions are not substantially similar to 

7 any other proposed rescission in such other 

8 message; and 

9 ‘‘(B) designate each separate rescission re10 quest by number; and include proposed legisla11 tive text of an approval bill to accomplish the 

12 requested rescissions which may not include— 

13 ‘‘(i) any changes in existing law, other 

14 than the rescission of funding; or 

15 ‘‘(ii) any supplemental appropriations, 

16 transfers, or reprogrammings. 

17 ‘‘GRANTS OF AND LIMITATIONS ON PRESIDENTIAL

18 AUTHORITY

19 ‘‘SEC. 1012. (a) PRESIDENTIAL AUTHORITY TO

20 WITHHOLD FUNDING.—Notwithstanding any other provi21 sion of law and if the President proposes a rescission of 

22 funding under this part, the President may, subject to the 

23 time limits provided in subsection (c), temporarily with24 hold that funding from obligation. 

25 ‘‘(b) WITHHOLDING AVAILABLE ONLY ONCE PER

26 PROPOSED RESCISSION.—Except as provided in section 


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1 1019, the President may not invoke the authority to with2 hold funding granted by subsection (a) for any other pur3 pose. 

4 ‘‘(c) TIME LIMITS.—The President shall make avail5 able for obligation any funding withheld under subsection 

6 (a) on the earliest of— 

7 ‘‘(1) the day on which the President determines 

8 that the continued withholding or reduction no 

9 longer advances the purpose of legislative consider10 ation of the approval bill; 

11 ‘‘(2) the 45th day following the date of enact12 ment of the appropriations measure to which the ap13 proval bill relates; or 

14 ‘‘(3) the last day that the President determines 

15 the obligation of the funding in question can no 

16 longer be fully accomplished in a prudent manner 

17 before its expiration. 

18 ‘‘(d) DEFICIT REDUCTION.— 

19 ‘‘(1) IN GENERAL.—Funds that are rescinded 

20 under this part shall be dedicated only to reducing 

21 the deficit or increasing the surplus. 

22 ‘‘(2) ADJUSTMENT OF LEVELS IN THE CONCUR23 RENT RESOLUTION ON THE BUDGET.—Not later 

24 than 5 days after the date of enactment of an ap25 proval bill as provided under this part, the chairs of 


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1 the Committees on the Budget of the Senate and the 

2 House of Representatives shall revise allocations and 

3 aggregates and other appropriate levels under the 

4 appropriate concurrent resolution on the budget to 

5 reflect the rescissions, and the Committees on Ap6 propriations of the House of Representatives and the 

7 Senate shall report revised suballocations pursuant 

8 to section 302(b) of title III, as appropriate. 

9 ‘‘(3) ADJUSTMENTS TO STATUTORY LIMITS.— 

10 After enactment of an approval bill provided under 

11 this section, the President shall revise downward by 

12 the amount of the rescissions applicable limits under 

13 the Balanced Budget and Emergency Deficit Control 

14 Act of 1985. 

15 ‘‘PROCEDURES FOR EXPEDITED CONSIDERATION

16 ‘‘SEC. 1013. (a) EXPEDITED CONSIDERATION.— 

17 ‘‘(1) REFERRAL OF SPECIAL MESSAGE.—Any 

18 special message received by the Congress pursuant 

19 to section 1011(b) shall be referred to the Commit20 tees on Appropriations and the Committees on the 

21 Budget of the House of Representatives and the 

22 Senate. 

23 ‘‘(2) INTRODUCTION OF APPROVAL BILL.—The 

24 majority leader or minority leader of the House of 

25 Representatives or his designee shall (by request) in26 troduce an approval bill as defined in section 1015 


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1 not later than the third day or, if the House is not 

2 in session during that period, the next day of session 

3 after the date of receipt of a special message trans4 mitted to the Congress under section 1011(b). If the 

5 bill is not introduced as provided in the preceding 

6 sentence in the House, then, on the first day the 

7 House is in session following the period during 

8 which the leaders may introduce the message, any 

9 Member of that House may introduce the bill. 

10 ‘‘(3) CONSIDERATION IN THE HOUSE OF REP11 RESENTATIVES.— 

12 ‘‘(A) REFERRAL AND REPORTING.—(i) 

13 Each committee of referral of the House of 

14 Representatives shall report an approval bill 

15 without amendment not later than the fifth day 

16 after the date of its referral. If the committee 

17 fails to report the bill within that period or the 

18 House of Representatives has adopted a concur19 rent resolution providing for adjournment sine 

20 die at the end of a Congress, such committee 

21 shall be automatically discharged from further 

22 consideration of the bill and it shall be placed 

23 on the appropriate calendar. 

24 ‘‘(ii) As soon as practicable after such ap25 proval bill is referred to the Committee on ApVerDate Mar 15 2010 02:58 Feb 03, 2012 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6401 E:\BILLS\H3521.RH H3521

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1 propriations, CBO shall prepare, and submit to 

2 the Committees on Appropriations and the 

3 Committees on the Budget of the House of 

4 Representatives and the Senate, an estimate of 

5 the reduction in budget authority which would 

6 result from the enactment of that bill. 

7 ‘‘(B) PROCEEDING TO CONSIDERATION.— 

8 Within three days after an approval bill is re9 ported by or discharged from the Committee on 

10 Appropriations of the House of Representatives 

11 or if the House has adopted a concurrent reso12 lution providing for adjournment sine die at the 

13 end of a Congress, it shall be in order for any 

14 Member to announce his intention to move to 

15 proceed to consider the approval bill in the 

16 House. The motion to proceed shall be in order 

17 only during a time designated by the Speaker 

18 within the legislative schedule for the next two 

19 days or the next day on which the House is in 

20 session. Such a motion shall not be in order 

21 after the House of Representatives has disposed 

22 of a prior motion to proceed with respect to 

23 that approval bill. The previous question shall 

24 be considered as ordered on the motion to pro25 ceed without intervening motion. A motion to 


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1 reconsider the vote by which the motion to pro2 ceed is disposed of shall not be in order. 

3 ‘‘(C) HOUSE CONSIDERATION.—If the mo4 tion to proceed is agreed to, the House shall 

5 immediately proceed to consider the approval 

6 bill in the House without intervening motion, 

7 order, or other business, and the approval bill 

8 shall remain the unfinished business of the 

9 House until disposed of. The approval bill shall 

10 be considered as read. All points of order 

11 against the approval bill or its consideration are 

12 waived. The previous question shall be consid13 ered as ordered on an approval bill to its pas14 sage, without intervening motion, except 4 

15 hours of debate equally divided and controlled 

16 by the proponent and an opponent and one mo17 tion to further limit debate on the bill. A mo18 tion to reconsider the vote on passage of the bill 

19 shall not be in order. 

20 ‘‘(4) CONSIDERATION IN THE SENATE.— 

21 ‘‘(A) REFERRAL.—An approval bill re22 ceived in the Senate shall be referred to the 

23 Committee on Appropriations. 

24 ‘‘(B) COMMITTEE ACTION.—The Com25 mittee on Appropriations shall report without 


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1 amendment the bill referred to it under this 

2 subsection not later than 5 days after the refer3 ral. The committee may order the bill reported 

4 favorably, unfavorably, or without recommenda5 tion. If the Committee on Appropriations has 

6 not reported the bill by the end of the 5-day pe7 riod, the Committee shall be automatically dis8 charged from further consideration of the bill 

9 and it shall be placed on the appropriate cal10 endar. 

11 ‘‘(C) MOTION TO PROCEED.—On the fol12 lowing day, 3 subsequent days, or, if the Senate 

13 is not in session during that period, the next 

14 day of session, it shall be in order for any Sen15 ator to move to proceed to consider the bill in 

16 the Senate. The motion shall be decided without 

17 debate and the motion to reconsider shall be 

18 deemed to have been laid on the table. Such a 

19 motion shall not be in order after the Senate 

20 has disposed of a prior motion to proceed with 

21 respect to that approval bill. 

22 ‘‘(D) CONSIDERATION.—If a motion to 

23 proceed to the consideration of the approval bill 

24 is agreed to, the Senate shall immediately pro25 ceed to consideration of the approval bill withVerDate Mar 15 2010 02:58 Feb 03, 2012 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6401 E:\BILLS\H3521.RH H3521

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1 out intervening motion, order, or other busi2 ness, and the approval bill shall remain the un3 finished business of the Senate until disposed 

4 of. Consideration on the bill in the Senate 

5 under this subsection, and all debatable motions 

6 and appeals in connection therewith, shall not 

7 exceed 10 hours, equally divided and controlled 

8 in the usual form. All points of order against 

9 the approval bill or its consideration are waived. 

10 Consideration in the Senate on any debatable 

11 motion or appeal in connection with the ap12 proval bill shall be limited to not more than 1 

13 hour, to be equally divided and controlled in the 

14 usual form. A motion to postpone, or a motion 

15 to proceed to the consideration of other busi16 ness, or a motion to recommit the approval bill 

17 is not in order. A motion to reconsider the vote 

18 by which the approval bill is agreed to or dis19 agreed to is not in order. 

20 ‘‘(b) AMENDMENTS PROHIBITED.—No amendment to 

21 an approval bill considered under this section shall be in 

22 order in either the Senate or the House of Representa23 tives. 

24 ‘‘TREATMENT OF RESCISSIONS

25 ‘‘SEC. 1014. Rescissions proposed by the President 

26 under this part shall take effect only upon enactment of 


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1 the applicable approval bill. If an approval bill is not en2 acted into law within 45 days from the enactment of the 

3 appropriation measure to which the approval bill relates, 

4 then the approval bill shall not be eligible for expedited 

5 consideration under the provisions of this Act. 

6 ‘‘DEFINITIONS

7 ‘‘SEC. 1015. As used in this part: 

8 ‘‘(1) APPROPRIATION MEASURE.—The term 

9 ‘appropriation measure’ means an Act referred to in 

10 section 105 of title 1, United States Code, including 

11 any general or special appropriation Act, or any Act 

12 making supplemental, deficiency, or continuing ap13 propriations, that has been enacted into law pursu14 ant to article I, section 7, of the Constitution of the 

15 United States. 

16 ‘‘(2) APPROVAL BILL.—The term ‘approval bill’ 

17 means a bill which only approves rescissions of fund18 ing in a special message transmitted by the Presi19 dent under this part and— 

20 ‘‘(A) the title of which is as follows: ‘A bill 

21 approving the proposed rescissions transmitted 

22 by the President on lll’, the blank space 

23 being filled in with the date of transmission of 

24 the relevant special message and the public law 

25 number to which the message relates; and 


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1 ‘‘(B) which provides only the following 

2 after the enacting clause: ‘That the Congress 

3 approves the proposed rescissions lll’, the 

4 blank space being filled in with the list of the 

5 rescissions contained in the President’s special 

6 message, ‘as transmitted by the President in a 

7 special message on llll’, the blank space 

8 being filled in with the appropriate date, ‘re9 garding llll.’, the blank space being filled 

10 in with the public law number to which the spe11 cial message relates. 

12 ‘‘(3) DAY.—The term ‘day’ means a standard 

13 24-hour period beginning at midnight and a number 

14 of days shall be calculated by excluding Sundays, 

15 legal holidays, and any day during which neither 

16 chamber of Congress is in session. 

17 ‘‘(4) RESCIND OR RESCISSION.—The terms ‘re18 scind’ or ‘rescission’ ømeans¿ mean to permanently 

19 cancel or prevent budget authority or outlays avail20 able under an obligation limit from having legal 

21 force or effect. 

22 ‘‘(5) CONGRESSIONAL BUDGET OFFICE.—The 

23 term ‘CBO’ means the Director of the Congressional 

24 Budget Office. 


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1 ‘‘(6) COMPTROLLER GENERAL.—The term 

2 ‘Comptroller General’ means the Comptroller Gen3 eral of the United States. 

4 ‘‘(7) DEFERRAL OF BUDGET AUTHORITY.—The 

5 term ‘deferral of budget authority’ includes— 

6 ‘‘(A) withholding or delaying the obliga7 tions or expenditure of budget authority 

8 (whether by establishing reserves or otherwise) 

9 provided for projects or activities; or 

10 ‘‘(B) any other type of Executive action or 

11 inaction which effectively precludes the obliga12 tion or expenditure of budget authority, includ13 ing authority to obligate by contract in advance 

14 of appropriations as specifically authorized by 

15 law. 

16 ‘‘(8) FUNDING.—(A) Except as provided in sub17 paragraph (B), the term ‘funding’ means all or part 

18 of the dollar amount of budget authority or obliga19 tion limit— 

20 ‘‘(i) specified in an appropriation measure, 

21 or the dollar amount of budget authority or ob22 ligation limit required to be allocated by a spe23 cific proviso in an appropriation measure for 

24 which a specific dollar figure was not included; 


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1 ‘‘(ii) represented separately in any table, 

2 chart, or explanatory text included in the state3 ment of managers or the governing committee 

4 report accompanying such law; or 

5 ‘‘(iii) represented by the product of the es6 timated procurement cost and the total quantity 

7 of items specified in an appropriation measure 

8 or included in the statement of managers or the 

9 governing committee report accompanying such 

10 law. 

11 ‘‘(B) The term ‘funding’ does not include— 

12 ‘‘(i) direct spending; 

13 ‘‘(ii) budget authority in an appropriation 

14 measure which funds direct spending provided 

15 for in other law; 

16 ‘‘(iii) any existing budget authority can17 celed in an appropriation measure; or 

18 ‘‘(iv) any restriction or condition in an ap19 propriation measure or the accompanying state20 ment of managers or committee reports on the 

21 expenditure of budget authority for an account, 

22 program, project, or activity, or on activities in23 volving such expenditure. 

24 ‘‘(9) WITHHOLD.—The terms ‘withhold’ and 

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1 tion that precludes the obligation of funding at a 

2 time when it would otherwise have been available to 

3 an agency for obligation. The terms do not include 

4 administrative or preparatory actions undertaken 

5 prior to obligation in the normal course of imple6 menting budget laws. 

7 ø‘‘EXPIRATION

8 ‘‘SEC. 1016. This title shall have no force or effect 

9 on or after December 31, 2015.¿ 

10 ‘‘EXPIRATION

11 ‘‘SEC. 1016. On December 15, 2015, the amendments 

12 made by the Expedited Legislative Line-Item Veto and Re13 scissions Act of 2011 shall be replaced by the provisions of 

14 part B of the Impoundment Control Act of 1974 as in effect 

15 immediately before the date of enactment of the Expedited 

16 Legislative Line-Item Veto and Rescissions Act of 2011.’’. 

17 SEC. 3. TECHNICAL AND CONFORMING AMENDMENTS. 

18 (a) EXERCISE OF RULEMAKING POWERS.—Section 

19 904 of the Congressional Budget Act of 1974 (2 U.S.C. 

20 621 note) is amended— 

21 (1) in subsection (a), by striking ‘‘1017’’ and 

22 inserting ‘‘1013’’; and 

23 (2) in subsection (d), by striking ‘‘section 

24 1017’’ and inserting ‘‘section 1013’’. 

25 (b) CLERICAL AMENDMENTS.—(1) The last sentence 

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1 ment Control Act of 1974 is amended to read as follows: 

2 ‘‘Sections 1011 through 1016 of part B of title X may 

3 be cited as the ‘Expedited Legislative Line-Item Veto and 

4 Rescissions Act of 2011’.’’. 

5 (2) Section 1017 of such Act (as redesignated) is 

6 amended by striking ‘‘section 1012 or 1013’’ each place 

7 it appears and inserting ‘‘section 1011 or 1019’’ and in 

8 section 1018 (as redesignated) is amended by striking ‘‘cal9 endar’’ and ‘‘of continuous session’’. 

10 (3) Section 1019(c) of such Act (as redesignated) is 

11 amended by striking ‘‘1012’’ and inserting ‘‘1011’’. 

12 (4) TABLE OF CONTENTS.—The table of contents set 

13 forth in section 1(b) of the Congressional Budget and Im14 poundment Control Act of 1974 is amended by striking 

15 the items relating to parts B and C (including all of the 

16 items relating to the sections therein) of title X and insert17 ing the following: 

‘‘PART B—CONGRESSIONAL CONSIDERATION OF PROPOSED RESCISSIONS AND

DEFERRALS OF BUDGET AUTHORITY AND OBLIGATION LIMITATIONS

‘‘Sec. 1011. Congressional consideration of proposed rescissions and deferrals 

of budget authority and obligation limitations. 

‘‘Sec. 1012. Grants of and limitations on presidential authority. 

‘‘Sec. 1013. Procedures for expedited consideration. 

‘‘Sec. 1014. Treatment of rescissions. 

‘‘Sec. 1015. Definitions. 

‘‘Sec. 1016. Expiration. 

‘‘Sec. 1017. Reports by Comptroller General. 

‘‘Sec. 1018. Suits by Comptroller General. 

‘‘Sec. 1019. Proposed deferrals of budget authority.’’. 

18 (c) EFFECTIVE DATE.—The amendments made by 

19 this Act shall apply to funding as defined in section 


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1 1015(8) of the Congressional Budget Act and Impound2 ment Control of 1974 in any Act enacted after the date 

3 of enactment of this Act. 

4 SEC. 4. APPROVAL MEASURES CONSIDERED. 

5 Section 314 of the Congressional Budget Act of 1974 

6 is amended— 

7 (1) by redesignating subsections (b) through (e) 

8 as subsections (c) through (f) and by inserting after 

9 subsection (a) the following new subsection: 

10 ‘‘(b) ADJUSTMENTS FOR RESCISSIONS.—(1) When11 ever an approval bill passes the House of Representatives, 

12 the Committee on the Budget shall immediately reduce the 

13 applicable allocations under section 302(a) by the total 

14 amount of reductions in budget authority and in outlays 

15 resulting from such approval bill. 

16 ‘‘(2) As used in this subsection, the term ‘approval 

17 bill’ has the meaning given to such term in section 1015.’’; 

18 and 

19 (2) in subsection (d) (as redesignated), by in20 serting ‘‘or (b)’’ after ‘‘subsection (a)’’. 

21 SECTION 1. SHORT TITLE. 

22 This Act may be cited as the ‘‘Expedited 

23 Legislative Line-Item Veto and Rescissions 

24 Act of 2012’’. 


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1 SEC. 2. CONGRESSIONAL CONSIDERATION OF PROPOSED 

2 RESCISSIONS AND DEFERRALS OF BUDGET 

3 AUTHORITY AND OBLIGATION LIMITATIONS. 

4 Title X of the Congressional Budget and 

5 Impoundment Control Act of 1974 (2 U.S.C. 

6 621 et seq.) is amended by striking all of part 

7 B (except for sections 1015, 1016, and 1013, 

8 which are transferred and redesignated as 

9 sections 1017, 1018, and 1019, respectively) 

10 and part C and by inserting after part A the 

11 following: 

12 ‘‘PART B—CONGRESSIONAL CONSIDERATION OF

13 PROPOSED RESCISSIONS AND DEFERRALS OF

14 BUDGET AUTHORITY AND OBLIGATION LIMI15 TATIONS

16 ‘‘CONGRESSIONAL CONSIDERATION OF PROPOSED

17 RESCISSIONS AND DEFERRALS OF BUDGET AU18 THORITY AND OBLIGATION LIMITATIONS

19 ‘‘SEC. 1011. (a) PROPOSED RESCISSIONS.— 

20 Within 45 days after the enactment of any bill 

21 or joint resolution providing any funding, the 

22 President may propose, in the manner pro23 vided in subsection (b), the rescission of all or 

24 part of any dollar amount of such funding. 

25 ‘‘(b) SPECIAL MESSAGE.—If the President 

26 proposes that Congress rescind funding, the 


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1 President shall transmit a special message to 

2 Congress containing the information speci3 fied in this subsection. 

4 ‘‘(1) PACKAGING OF REQUESTED RESCIS5 SIONS.—For each piece of legislation that 

6 provides funding, the President shall re7 quest at most 2 packages of rescissions 

8 and the rescissions in each package shall 

9 apply only to funding contained in that 

10 legislation. The President shall not in11 clude the same rescission in both pack12 ages. 

13 ‘‘(2) TRANSMITTAL.—The President 

14 shall deliver each message requesting a 

15 package of rescissions to the Secretary of 

16 the Senate if the Senate is not in session 

17 and to the Clerk of the House of Rep18 resentatives if the House is not in ses19 sion. The President shall make a copy of 

20 the transmittal message publicly avail21 able, and shall publish in the Federal 

22 Register a notice of the message and in23 formation on how it can be obtained. 

24 ‘‘(3) CONTENTS OF SPECIAL MESSAGE.— 

25 For each request to rescind funding 


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1 under this part, the transmittal message 

2 shall— 

3 ‘‘(A) specify— 

4 ‘‘(i) the dollar amount to be 

5 rescinded; 

6 ‘‘(ii) the agency, bureau, and 

7 account from which the rescission 

8 shall occur; 

9 ‘‘(iii) the program, project, or 

10 activity within the account (if ap11 plicable) from which the rescis12 sion shall occur; 

13 ‘‘(iv) the amount of funding, if 

14 any, that would remain for the ac15 count, program, project, or activ16 ity if the rescission request is en17 acted; 

18 ‘‘(v) the reasons the President 

19 requests the rescission; 

20 ‘‘(vi) to the maximum extent 

21 practicable, the estimated fiscal, 

22 economic, and budgetary effect 

23 (including the effect on outlays 

24 and receipts in each fiscal year) 

25 of the proposed rescission; 


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1 ‘‘(vii) to the maximum extent 

2 practicable, all facts, cir3 cumstances, and considerations 

4 relating to or bearing upon the 

5 proposed rescission and the deci6 sion to propose the rescission, 

7 and the estimated effect of the 

8 proposed rescission upon the ob9 jects, purposes, or programs; and 

10 ‘‘(viii) if a second special mes11 sage is transmitted pursuant to 

12 paragraph (2), a detailed expla13 nation of why the proposed re14 scissions are not substantially 

15 similar to any other proposed re16 scission in such other message; 

17 and 

18 ‘‘(B) designate each separate re19 scission request by number; and in20 clude proposed legislative text of an 

21 approval bill to accomplish the re22 quested rescissions which may not in23 clude— 


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1 ‘‘(i) any changes in existing 

2 law, other than the rescission of 

3 funding; or 

4 ‘‘(ii) any supplemental appro5 priations, transfers, or 

6 reprogrammings. 

7 ‘‘GRANTS OF AND LIMITATIONS ON PRESIDENTIAL

8 AUTHORITY

9 ‘‘SEC. 1012. (a) PRESIDENTIAL AUTHORITY TO

10 WITHHOLD FUNDING.—Notwithstanding any 

11 other provision of law and if the President 

12 proposes a rescission of funding under this 

13 part, the President may, subject to the time 

14 limits provided in subsection (c), temporarily 

15 withhold that funding from obligation. 

16 ‘‘(b) WITHHOLDING AVAILABLE ONLY ONCE

17 PER PROPOSED RESCISSION.—Except as pro18 vided in section 1019, the President may not 

19 invoke the authority to withhold funding 

20 granted by subsection (a) for any other pur21 pose. 

22 ‘‘(c) TIME LIMITS.—The President shall 

23 make available for obligation any funding 

24 withheld under subsection (a) on the earliest 

25 of— 


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1 ‘‘(1) the day on which the President 

2 determines that the continued with3 holding or reduction no longer advances 

4 the purpose of legislative consideration 

5 of the approval bill; 

6 ‘‘(2) the 45th day following the date of 

7 enactment of the appropriations measure 

8 to which the approval bill relates; or 

9 ‘‘(3) the last day that the President 

10 determines the obligation of the funding 

11 in question can no longer be fully accom12 plished in a prudent manner before its 

13 expiration. 

14 ‘‘(d) DEFICIT REDUCTION.— 

15 ‘‘(1) IN GENERAL.—Funds that are re16 scinded under this part shall be dedi17 cated only to reducing the deficit or in18 creasing the surplus. 

19 ‘‘(2) ADJUSTMENT OF LEVELS IN THE

20 CONCURRENT RESOLUTION ON THE BUDGET.— 

21 Not later than 5 days after the date of en22 actment of an approval bill as provided 

23 under this part, the chairs of the Commit24 tees on the Budget of the Senate and the 

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1 locations and aggregates and other ap2 propriate levels under the appropriate 

3 concurrent resolution on the budget to 

4 reflect the rescissions, and the Commit5 tees on Appropriations of the House of 

6 Representatives and the Senate shall re7 port revised suballocations pursuant to 

8 section 302(b) of title III, as appropriate. 

9 ‘‘(3) ADJUSTMENTS TO STATUTORY LIM10 ITS.—After enactment of an approval bill 

11 provided under this section, the Presi12 dent shall revise downward by the 

13 amount of the rescissions applicable lim14 its under the Balanced Budget and Emer15 gency Deficit Control Act of 1985. 

16 ‘‘PROCEDURES FOR EXPEDITED CONSIDERATION

17 ‘‘SEC. 1013. (a) EXPEDITED CONSIDER18 ATION.— 

19 ‘‘(1) INTRODUCTION OF APPROVAL BILL.— 

20 The majority leader of each House or a 

21 designee shall (by request) introduce an 

22 approval bill as defined in section 1015 

23 not later than the fifth day of session of 

24 that House after the date of receipt of a 

25 special message transmitted to the Con26 gress under section 1011(b). 


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1 ‘‘(2) CONSIDERATION IN THE HOUSE OF

2 REPRESENTATIVES.— 

3 ‘‘(A) REFERRAL AND REPORTING.— 

4 Any committee of the House of Rep5 resentatives to which an approval bill 

6 is referred shall report it to the 

7 House without amendment not later 

8 than the fifth legislative day after the 

9 date of its introduction. If a com10 mittee fails to report the bill within 

11 that period or the House has adopted 

12 a concurrent resolution providing for 

13 adjournment sine die at the end of a 

14 Congress, such committee shall be 

15 automatically discharged from fur16 ther consideration of the bill and it 

17 shall be placed on the appropriate 

18 calendar. 

19 ‘‘(B) PROCEEDING TO CONSIDER20 ATION.—Not later than 5 legislative 

21 days after the approval bill is re22 ported or a committee has been dis23 charged from further consideration 

24 thereof, it shall be in order to move to 

25 proceed to consider the approval bill 


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1 in the House. Such a motion shall be 

2 in order only at a time designated by 

3 the Speaker in the legislative sched4 ule within two legislative days after 

5 the day on which the proponent an6 nounces an intention to the House to 

7 offer the motion provided that such 

8 notice may not be given until the ap9 proval bill is reported or a committee 

10 has been discharged from further 

11 consideration thereof. Such a motion 

12 shall not be in order after the House 

13 has disposed of a motion to proceed 

14 with respect to that special message. 

15 The previous question shall be con16 sidered as ordered on the motion to 

17 its adoption without intervening mo18 tion. A motion to reconsider the vote 

19 by which the motion is disposed of 

20 shall not be in order. 

21 ‘‘(C) CONSIDERATION.—If the mo22 tion to proceed is agreed to, the 

23 House shall immediately proceed to 

24 consider the approval bill in the 

25 House without intervening motion. 


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1 The approval bill shall be considered 

2 as read. All points of order against 

3 the approval bill and against its con4 sideration are waived. The previous 

5 question shall be considered as or6 dered on the approval bill to its pas7 sage without intervening motion ex8 cept 2 hours of debate equally di9 vided and controlled by the pro10 ponent and an opponent and one mo11 tion to limit debate on the bill. A mo12 tion to reconsider the vote on passage 

13 of the approval bill shall not be in 

14 order. 

15 ‘‘(3) CONSIDERATION IN THE SENATE.— 

16 ‘‘(A) REFERRAL.—The approval bill 

17 introduced in the Senate shall be re18 ferred to the committees having juris19 diction over the provisions of law 

20 contained in the approval bill. 

21 ‘‘(B) COMMITTEE ACTION.—Each 

22 committee of referral of the Senate 

23 shall report without amendment the 

24 approval bill referred to it under this 

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1 sion day after introduction. If a com2 mittee fails to report the approval bill 

3 within that period or the Senate has 

4 adopted a concurrent resolution pro5 viding for adjournment sine die at 

6 the end of a Congress, the Committee 

7 shall be automatically discharged 

8 from further consideration of the ap9 proval bill and it shall be placed on 

10 the appropriate calendar. 

11 ‘‘(C) MOTION TO PROCEED.—Not 

12 later than 5 session days after the ap13 proval bill is reported in the Senate 

14 or committees have been discharged 

15 thereof, it shall be in order for any 

16 Senator to move to proceed to con17 sider the approval bill in the Senate. 

18 The motion shall be decided without 

19 debate and the motion to reconsider 

20 shall be deemed to have been laid on 

21 the table. Such a motion shall not be 

22 in order after the Senate has dis23 posed of a prior motion to proceed 

24 with respect to the approval bill. 


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1 ‘‘(D) CONSIDERATION.—If a motion 

2 to proceed to the consideration of the 

3 approval bill is agreed to, the Senate 

4 shall immediately proceed to consid5 eration of the approval bill without 

6 intervening motion, order, or other 

7 business, and the approval bill shall 

8 remain the unfinished business of the 

9 Senate until disposed of. Consider10 ation on the bill in the Senate under 

11 this subsection, and all debatable mo12 tions and appeals in connection 

13 therewith, shall not exceed 10 hours. 

14 All points of order against the ap15 proval bill or its consideration are 

16 waived. Consideration in the Senate 

17 on any debatable motion or appeal in 

18 connection with the approval bill 

19 shall be limited to not more than 1 

20 hour. A motion to postpone, or a mo21 tion to proceed to the consideration 

22 of other business, or a motion to re23 commit the approval bill is not in 

24 order. A motion to reconsider the 

25 vote by which the approval bill is 


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1 agreed to or disagreed to is not in 

2 order. 

3 ‘‘(4) AMENDMENTS PROHIBITED.—No 

4 amendment to, or motion to strike a pro5 vision from, an approval bill considered 

6 under this section shall be in order in ei7 ther the Senate or the House of Rep8 resentatives. 

9 ‘‘(5) COORDINATION WITH ACTION BY

10 OTHER HOUSE.— 

11 ‘‘(A) IN GENERAL.—If, before pass12 ing the approval bill, one House re13 ceives from the other a bill— 

14 ‘‘(i) the approval bill of the 

15 other House shall not be referred 

16 to a committee; and 

17 ‘‘(ii) the procedure in the re18 ceiving House shall be the same 

19 as if no approval bill had been re20 ceived from the other House until 

21 the vote on passage, when the bill 

22 received from the other House 

23 shall supplant the approval bill of 

24 the receiving House. 


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1 ‘‘(B) This paragraph shall not 

2 apply to the House of Representatives 

3 if the approval bill received from the 

4 Senate is a revenue measure or an 

5 appropriation measure. 

6 ‘‘(b) LIMITATION.—Subsection (a) shall 

7 apply only to an approval bill introduced pur8 suant to subsection (a)(1). 

9 ‘‘(c) CBO ESTIMATE.—Upon receipt of a 

10 special message under section 1101 proposing 

11 to rescind all or part of any dollar amount, 

12 CBO shall prepare and submit to the appro13 priate committees of the House of Representa14 tives and the Senate an estimate of the reduc15 tion in budget authority which would result 

16 from the enactment of the proposed recisions. 

17 ‘‘TREATMENT OF RESCISSIONS

18 ‘‘SEC. 1014. Rescissions proposed by the 

19 President under this part shall take effect 

20 only upon enactment of the applicable ap21 proval bill. If an approval bill is not enacted 

22 into law within 45 days from the enactment 

23 of the appropriation measure to which the ap24 proval bill relates, then the approval bill shall 

25 not be eligible for expedited consideration 

26 under the provisions of this Act. 


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1 ‘‘DEFINITIONS

2 ‘‘SEC. 1015. As used in this part: 

3 ‘‘(1) APPROPRIATION MEASURE.—The 

4 term ‘appropriation measure’ means an 

5 Act referred to in section 105 of title 1, 

6 United States Code, including any gen7 eral or special appropriation Act, or any 

8 Act making supplemental, deficiency, or 

9 continuing appropriations, that has been 

10 enacted into law pursuant to article I, 

11 section 7, of the Constitution of the 

12 United States. 

13 ‘‘(2) APPROVAL BILL.—The term ‘ap14 proval bill’ means a bill which only ap15 proves rescissions of funding in a special 

16 message transmitted by the President 

17 under this part and— 

18 ‘‘(A) the title of which is as fol19 lows: ‘A bill approving the proposed 

20 rescissions transmitted by the Presi21 dent on lll’, the blank space being 

22 filled in with the date of transmission 

23 of the relevant special message and 

24 the public law number to which the 

25 message relates; and 


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1 ‘‘(B) which provides only the fol2 lowing after the enacting clause: 

3 ‘That the Congress approves the pro4 posed rescissions lll’, the blank 

5 space being filled in with the list of 

6 the rescissions contained in the Presi7 dent’s special message, ‘as trans8 mitted by the President in a special 

9 message on llll’, the blank space 

10 being filled in with the appropriate 

11 date, ‘regarding llll.’, the blank 

12 space being filled in with the public 

13 law number to which the special mes14 sage relates. 

15 ‘‘(3) DAY.—Except as used in section 

16 1013, the term ‘day’ means a standard 24- 

17 hour period beginning at midnight and a 

18 number of days shall be calculated by ex19 cluding Sundays, legal holidays, and any 

20 day during which neither chamber of 

21 Congress is in session. 

22 ‘‘(4) RESCIND OR RESCISSION.—The 

23 terms ‘rescind’ or ‘rescission’ mean to 

24 permanently cancel or prevent budget 

25 authority or outlays available under an 


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1 obligation limit from having legal force 

2 or effect. 

3 ‘‘(5) CONGRESSIONAL BUDGET OFFICE.— 

4 The term ‘CBO’ means the Director of the 

5 Congressional Budget Office. 

6 ‘‘(6) COMPTROLLER GENERAL.—The 

7 term ‘Comptroller General’ means the 

8 Comptroller General of the United States. 

9 ‘‘(7) DEFERRAL OF BUDGET AUTHORITY.— 

10 The term ‘deferral of budget authority’ 

11 includes— 

12 ‘‘(A) withholding or delaying the 

13 obligations or expenditure of budget 

14 authority (whether by establishing 

15 reserves or otherwise) provided for 

16 projects or activities; or 

17 ‘‘(B) any other type of Executive 

18 action or inaction which effectively 

19 precludes the obligation or expendi20 ture of budget authority, including 

21 authority to obligate by contract in 

22 advance of appropriations as specifi23 cally authorized by law. 

24 ‘‘(8) FUNDING.—(A) Except as provided 

25 in subparagraph (B), the term ‘funding’ 


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1 means all or part of the dollar amount of 

2 budget authority or obligation limit— 

3 ‘‘(i) specified in an appropriation 

4 measure, or the dollar amount of 

5 budget authority or obligation limit 

6 required to be allocated by a specific 

7 proviso in an appropriation measure 

8 for which a specific dollar figure was 

9 not included; 

10 ‘‘(ii) represented separately in 

11 any table, chart, or explanatory text 

12 included in the statement of man13 agers or the governing committee re14 port accompanying such law; or 

15 ‘‘(iii) represented by the product 

16 of the estimated procurement cost 

17 and the total quantity of items speci18 fied in an appropriation measure or 

19 included in the statement of man20 agers or the governing committee re21 port accompanying such law. 

22 ‘‘(B) The term ‘funding’ does not in23 clude— 

24 ‘‘(i) direct spending; 


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1 ‘‘(ii) budget authority in an appro2 priation measure which funds direct 

3 spending provided for in other law; 

4 ‘‘(iii) any existing budget author5 ity canceled in an appropriation 

6 measure; or 

7 ‘‘(iv) any restriction or condition 

8 in an appropriation measure or the 

9 accompanying statement of managers 

10 or committee reports on the expendi11 ture of budget authority for an ac12 count, program, project, or activity, 

13 or on activities involving such ex14 penditure. 

15 ‘‘(9) WITHHOLD.—The terms ‘withhold’ 

16 and ‘withholding’ apply to any executive 

17 action or inaction that precludes the obli18 gation of funding at a time when it would 

19 otherwise have been available to an agen20 cy for obligation. The terms do not in21 clude administrative or preparatory ac22 tions undertaken prior to obligation in 

23 the normal course of implementing budg24 et laws. 


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1 ‘‘EXPIRATION

2 ‘‘SEC. 1016. On December 15, 2015, the 

3 amendments made by the Expedited Legisla4 tive Line-Item Veto and Rescissions Act of 

5 2012 shall be replaced by the provisions of 

6 part B of the Impoundment Control Act of 

7 1974 as in effect immediately before the date 

8 of enactment of the Expedited Legislative 

9 Line-Item Veto and Rescissions Act of 2012.’’. 

10 SEC. 3. TECHNICAL AND CONFORMING AMENDMENTS. 

11 (a) EXERCISE OF RULEMAKING POWERS.— 

12 Section 904 of the Congressional Budget Act 

13 of 1974 (2 U.S.C. 621 note) is amended— 

14 (1) in subsection (a), by striking 

15 ‘‘1017’’ and inserting ‘‘1013’’; and 

16 (2) in subsection (d), by striking ‘‘sec17 tion 1017’’ and inserting ‘‘section 1013’’. 

18 (b) CLERICAL AMENDMENTS.—(1) The last 

19 sentence of section 1(a) of the Congressional 

20 Budget and Impoundment Control Act of 1974 

21 is amended to read as follows: ‘‘Sections 1011 

22 through 1016 of part B of title X may be cited 

23 as the ‘Expedited Legislative Line-Item Veto 

24 and Rescissions Act of 2012’.’’. 


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1 (2) Section 1017 of such Act (as redesig2 nated) is amended by striking ‘‘section 1012 or 

3 1013’’ each place it appears and inserting ‘‘sec4 tion 1011 or 1019’’ and section 1018 (as redes5 ignated) is amended by striking ‘‘calendar’’ 

6 and ‘‘of continuous session’’. 

7 (3) Section 1019(c) of such Act (as redesig8 nated) is amended by striking ‘‘1012’’ and in9 serting ‘‘1011’’. 

10 (4) TABLE OF CONTENTS.—The table of con11 tents set forth in section 1(b) of the Congres12 sional Budget and Impoundment Control Act 

13 of 1974 is amended by striking the items relat14 ing to parts B and C (including all of the items 

15 relating to the sections therein) of title X and 

16 inserting the following: 

‘‘PART B—CONGRESSIONAL CONSIDERATION OF PROPOSED RESCISSIONS AND DEFERRALS OF BUDGET AUTHORITY AND OBLIGATION

LIMITATIONS

‘‘Sec. 1011. Congressional consideration of proposed rescissions and deferrals of budget authority and obligation limitations. 

‘‘Sec. 1012. Grants of and limitations on presidential authority. 

‘‘Sec. 1013. Procedures for Expedited Consideration. 

‘‘Sec. 1014. Treatment of rescissions. 

‘‘Sec. 1015. Definitions. 

‘‘Sec. 1016. Expiration.’’. 

17 (c) EFFECTIVE DATE.—The amendments 

18 made by this Act shall apply to funding as de19 fined in section 1015(8) of the Congressional 

20 Budget Act and Impoundment Control of 1974 


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1 in any Act enacted after the date of enactment 

2 of this Act. 

3 SEC. 4. APPROVAL MEASURES CONSIDERED. 

4 Section 314 of the Congressional Budget 

5 Act of 1974 is amended— 

6 (1) by redesignating subsections (b) 

7 through (e) as subsections (c) through (f) 

8 and by inserting after subsection (a) the 

9 following new subsection: 

10 ‘‘(b) ADJUSTMENTS FOR RESCISSIONS.—(1) 

11 Whenever an approval bill passes the House 

12 of Representatives, the Committee on the 

13 Budget shall immediately reduce the applica14 ble allocations under section 302(a) by the 

15 total amount of reductions in budget author16 ity and in outlays resulting from such ap17 proval bill. 

18 ‘‘(2) As used in this subsection, the term 

19 ‘approval bill’ has the meaning given to such 

20 term in section 1015.’’; and 

21 (2) in subsection (d) (as redesignated), 

22 by inserting ‘‘or (b)’’ after ‘‘subsection 

23 (a)’’. 


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Union Calendar No. 263 

112TH CONGRESS 

2D SESSION H. R. 3521 

[Report No. 112–364, Parts I and II] 

A BILL 

To amend the Congressional Budget and Impoundrescissions, and for other purposes. lative line-item veto to expedite consideration of ment Control Act of 1974 to provide for a legisFEBRUARY 2, 2012 

Reported from the Committee on Rules with an amendon the State of the Union, and ordered to be printed ment, committed to the Committee of the Whole House 


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