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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3521 Reported in House (RH)]

                                                 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

                            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.

 

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

SECTION <DELETED>1.</DELETED> SHORT TITLE</DELETED>.

      <DELETED>This Act may be cited as the ``Expedited</DELETED> 
Legislative <DELETED>Line-Item Veto and Rescissions Act of 2011''.

</DELETED>SEC. <DELETED>2.</DELETED> CONGRESSIONAL CONSIDERATION OF 
              PROPOSED RESCISSIONS AND DEFERRALS OF BUDGET AUTHORITY 
              AND OBLIGATION LIMITATIONS</DELETED>.

    [<DELETED>(a) In General.--</DELETED>] <DELETED>Title X of the 
Congressional Budget and Impoundment Control Act of 1974 (2 U.S.C. 621 
et seq.) is amended by striking all of part B (except for sections 
1015, 1016, and 1013, which are </DELETED> transferred and  
<DELETED>redesignated as sections 1017, 1018, and 1019, respectively) 
and part C</DELETED> and by inserting after part A <DELETED>the 
following:

<DELETED>``Part B--Congressional Consideration of Proposed Rescissions 
 and Deferrals of Budget Authority and Obligation Limitations</DELETED>

  <DELETED>``congressional consideration of proposed rescissions and 
   deferrals of budget authority and obligation limitations</DELETED>

<DELETED>    ``Sec. 1011.  (a) Proposed Rescissions.--Within 45 days 
after the enactment of any bill or joint resolution providing any 
funding, the President may propose, in the manner provided in 
subsection (b), the rescission of all or part of any dollar amount of 
such funding.</DELETED>
<DELETED>    ``(b) Special Message.--If the President proposes that 
Congress rescind funding, the President shall transmit a special 
message to Congress containing the information specified in this 
subsection.</DELETED>
        <DELETED>    ``(1) Packaging of requested rescissions.--For 
        each piece of legislation that provides funding, the President 
        shall request at most 2 packages of rescissions and the 
        rescissions in each package shall apply only to funding 
        contained in that legislation. The President shall not include 
        the same rescission in both packages.</DELETED>
        <DELETED>    ``(2) Transmittal.--The President shall deliver 
        each message requesting a package of rescissions to the 
        Secretary of the Senate if the Senate is not in session and to 
        the Clerk of the House of Representatives if the House is not 
        in session. The President shall make a copy of the transmittal 
        message publicly available, and shall publish in the Federal 
        Register a notice of the message and information on how it can 
        be obtained.</DELETED>
        <DELETED>    ``(3) Contents of special message.--For each 
        request to rescind funding under this part, the transmittal 
        message shall--</DELETED>
                <DELETED>    ``(A) specify--</DELETED>
                        <DELETED>    ``(i) the dollar amount to be 
                        rescinded;</DELETED>
                        <DELETED>    ``(ii) the agency, bureau, and 
                        account from which the rescission shall 
                        occur;</DELETED>
                        <DELETED>    ``(iii) the program, project, or 
                        activity within the account (if applicable) 
                        from which the rescission shall 
                        occur;</DELETED>
                        <DELETED>    ``(iv) the amount of funding, if 
                        any, that would remain for the account, 
                        program, project, or activity if the rescission 
                        request is enacted;</DELETED>
                        <DELETED>    ``(v) the reasons the President 
                        requests the rescission;</DELETED>
                        <DELETED>    ``(vi) to the maximum extent 
                        practicable, the estimated fiscal, economic, 
                        and budgetary effect (including the effect on 
                        outlays and receipts in each fiscal year) of 
                        the proposed rescission;</DELETED>
                        <DELETED>    ``(vii) to the maximum extent 
                        practicable, all facts, circumstances, and 
                        considerations relating to or bearing upon the 
                        proposed rescission and the decision to propose 
                        the rescission, and the estimated effect of the 
                        proposed rescission upon the objects, purposes, 
                        or programs; and</DELETED>
                        <DELETED>    ``(viii) if a second special 
                        message is transmitted pursuant to subsection 
                        (b)(2), a detailed explanation of why the 
                        proposed rescissions are not substantially 
                        similar to any other proposed rescission in 
                        such other message; and</DELETED>
                <DELETED>    ``(B) designate each separate rescission 
                request by number; and include proposed legislative 
                text of an approval bill to accomplish the requested 
                rescissions which may not include--</DELETED>
                        <DELETED>    ``(i) any changes in existing law, 
                        other than the rescission of funding; 
                        or</DELETED>
                        <DELETED>    ``(ii) any supplemental 
                        appropriations, transfers, or 
                        reprogrammings.</DELETED>

         <DELETED>``grants of and limitations on presidential 
                          authority</DELETED>

<DELETED>    ``Sec. 1012.  (a) Presidential Authority To Withhold 
Funding.--Notwithstanding any other provision of law and if the 
President proposes a rescission of funding under this part, the 
President may, subject to the time limits provided in subsection (c), 
temporarily withhold that funding from obligation.</DELETED>
<DELETED>    ``(b) Withholding Available Only Once Per Proposed 
Rescission.--Except as provided in section 1019, the President may not 
invoke the authority to withhold funding granted by subsection (a) for 
any other purpose.</DELETED>
<DELETED>    ``(c) Time Limits.--The President shall make available for 
obligation any funding withheld under subsection (a) on the earliest 
of--</DELETED>
        <DELETED>    ``(1) the day on which the President determines 
        that the continued withholding or reduction no longer advances 
        the purpose of legislative consideration of the approval 
        bill;</DELETED>
        <DELETED>    ``(2) the 45th day following the date of enactment 
        of the appropriations measure to which the approval bill 
        relates; or</DELETED>
        <DELETED>    ``(3) the last day that the President determines 
        the obligation of the funding in question can no longer be 
        fully accomplished in a prudent manner before its 
        expiration.</DELETED>
<DELETED>    ``(d) Deficit Reduction.--</DELETED>
        <DELETED>    ``(1) In general.--Funds that are rescinded under 
        this part shall be dedicated only to reducing the deficit or 
        increasing the surplus.</DELETED>
        <DELETED>    ``(2) Adjustment of levels in the concurrent 
        resolution on the budget.--Not later than 5 days after the date 
        of enactment of an approval bill as provided under this part, 
        the chairs of the Committees on the Budget of the Senate and 
        the House of Representatives shall revise allocations and 
        aggregates and other appropriate levels under the appropriate 
        concurrent resolution on the budget to reflect the rescissions, 
        and the Committees on Appropriations of the House of 
        Representatives and the Senate shall report revised 
        suballocations pursuant to section 302(b) of title III, as 
        appropriate.</DELETED>
        <DELETED>    ``(3) Adjustments to statutory limits.--After 
        enactment of an approval bill provided under this section, the 
        President shall revise downward by the amount of the 
        rescissions applicable limits under the Balanced Budget and 
        Emergency Deficit Control Act of 1985.</DELETED>

      <DELETED>``procedures for expedited consideration</DELETED>

<DELETED>    ``Sec. 1013.  (a) Expedited Consideration.--</DELETED>
        <DELETED>    ``(1) Referral of special message.--Any special 
        message received by the Congress pursuant to section 1011(b) 
        shall be referred to the Committees on Appropriations and the 
        Committees on the Budget of the House of Representatives and 
        the Senate.</DELETED>
        <DELETED>    ``(2) Introduction of approval bill.--The majority 
        leader or minority leader of the House of Representatives or 
        his designee shall (by request) introduce an approval bill as 
        defined in section 1015 not later than the third day or, if the 
        House is not in session during that period, the next day of 
        session after the date of receipt of a special message 
        transmitted to the Congress under section 1011(b). If the bill 
        is not introduced as provided in the preceding sentence in the 
        House, then, on the first day the House is in session following 
        the period during which the leaders may introduce the message, 
        any Member of that House may introduce the bill.</DELETED>
        <DELETED>    ``(3) Consideration in the house of 
        representatives.--</DELETED>
                <DELETED>    ``(A) Referral and reporting.--(i) Each 
                committee of referral of the House of Representatives 
                shall report an approval bill without amendment not 
                later than the fifth day after the date of its 
                referral. If the committee fails to report the bill 
                within that period or the House of Representatives has 
                adopted a concurrent resolution providing for 
                adjournment sine die at the end of a Congress, such 
                committee shall be automatically discharged from 
                further consideration of the bill and it shall be 
                placed on the appropriate calendar.</DELETED>
                <DELETED>    ``(ii) As soon as practicable after such 
                approval bill is referred to the Committee on 
                Appropriations, CBO shall prepare, and submit to the 
                Committees on Appropriations and the Committees on the 
                Budget of the House of Representatives and the Senate, 
                an estimate of the reduction in budget authority which 
                would result from the enactment of that bill.</DELETED>
                <DELETED>    ``(B) Proceeding to consideration.--Within 
                three days after an approval bill is reported by or 
                discharged from the Committee on Appropriations of the 
                House of Representatives or if the House has adopted a 
                concurrent resolution providing for adjournment sine 
                die at the end of a Congress, it shall be in order for 
                any Member to announce his intention to move to proceed 
                to consider the approval bill in the House. The motion 
                to proceed shall be in order only during a time 
                designated by the Speaker within the legislative 
                schedule for the next two days or the next day on which 
                the House is in session. Such a motion shall not be in 
                order after the House of Representatives has disposed 
                of a prior motion to proceed with respect to that 
                approval bill. The previous question shall be 
                considered as ordered on the motion to proceed without 
                intervening motion. A motion to reconsider the vote by 
                which the motion to proceed is disposed of shall not be 
                in order.</DELETED>
                <DELETED>    ``(C) House consideration.--If the motion 
                to proceed is agreed to, the House shall immediately 
                proceed to consider the approval bill in the House 
                without intervening motion, order, or other business, 
                and the approval bill shall remain the unfinished 
                business of the House until disposed of. The approval 
                bill shall be considered as read. All points of order 
                against the approval bill or its consideration are 
                waived. The previous question shall be considered as 
                ordered on an approval bill to its passage, without 
                intervening motion, except 4 hours of debate equally 
                divided and controlled by the proponent and an opponent 
                and one motion to further limit debate on the bill. A 
                motion to reconsider the vote on passage of the bill 
                shall not be in order.</DELETED>
        <DELETED>    ``(4) Consideration in the senate.--</DELETED>
                <DELETED>    ``(A) Referral.--An approval bill received 
                in the Senate shall be referred to the Committee on 
                Appropriations.</DELETED>
                <DELETED>    ``(B) Committee action.--The Committee on 
                Appropriations shall report without amendment the bill 
                referred to it under this subsection not later than 5 
                days after the referral. The committee may order the 
                bill reported favorably, unfavorably, or without 
                recommendation. If the Committee on Appropriations has 
                not reported the bill by the end of the 5-day period, 
                the Committee shall be automatically discharged from 
                further consideration of the bill and it shall be 
                placed on the appropriate calendar.</DELETED>
                <DELETED>    ``(C) Motion to proceed.--On the following 
                day, 3 subsequent days, or, if the Senate is not in 
                session during that period, the next day of session, it 
                shall be in order for any Senator to move to proceed to 
                consider the bill in the Senate. The motion shall be 
                decided without debate and the motion to reconsider 
                shall be deemed to have been laid on the table. Such a 
                motion shall not be in order after the Senate has 
                disposed of a prior motion to proceed with respect to 
                that approval bill.</DELETED>
                <DELETED>    ``(D) Consideration.--If a motion to 
                proceed to the consideration of the approval bill is 
                agreed to, the Senate shall immediately proceed to 
                consideration of the approval bill without intervening 
                motion, order, or other business, and the approval bill 
                shall remain the unfinished business of the Senate 
                until disposed of. Consideration on the bill in the 
                Senate under this subsection, and all debatable motions 
                and appeals in connection therewith, shall not exceed 
                10 hours, equally divided and controlled in the usual 
                form. All points of order against the approval bill or 
                its consideration are waived. Consideration in the 
                Senate on any debatable motion or appeal in connection 
                with the approval bill shall be limited to not more 
                than 1 hour, to be equally divided and controlled in 
                the usual form. A motion to postpone, or a motion to 
                proceed to the consideration of other business, or a 
                motion to recommit the approval bill is not in order. A 
                motion to reconsider the vote by which the approval 
                bill is agreed to or disagreed to is not in 
                order.</DELETED>
<DELETED>    ``(b) Amendments Prohibited.--No amendment to an approval 
bill considered under this section shall be in order in either the 
Senate or the House of Representatives.</DELETED>

             <DELETED>``treatment of rescissions</DELETED>

<DELETED>    ``Sec. 1014. Rescissions proposed by the President under 
this part shall take effect only upon enactment of the applicable 
approval bill. If an approval bill is not enacted into law within 45 
days from the enactment of the appropriation measure to which the 
approval bill relates, then the approval bill shall not be eligible for 
expedited consideration under the provisions of this Act.</DELETED>

                    <DELETED>``definitions</DELETED>

<DELETED>    ``Sec. 1015. As used in this part:</DELETED>
        <DELETED>    ``(1) Appropriation measure.--The term 
        `appropriation measure' means an Act referred to in section 105 
        of title 1, United States Code, including any general or 
        special appropriation Act, or any Act making supplemental, 
        deficiency, or continuing appropriations, that has been enacted 
        into law pursuant to article I, section 7, of the Constitution 
        of the United States.</DELETED>
        <DELETED>    ``(2) Approval bill.--The term `approval bill' 
        means a bill which only approves rescissions of funding in a 
        special message transmitted by the President under this part 
        and--</DELETED>
                <DELETED>    ``(A) the title of which is as follows: `A 
                bill approving the proposed rescissions transmitted by 
                the President on </DELETED>___<DELETED>', the blank 
                space being filled in with the date of transmission of 
                the relevant special message and the public law number 
                to which the message relates; and</DELETED>
                <DELETED>    ``(B) which provides only the following 
                after the enacting clause: `That the Congress approves 
                the proposed rescissions </DELETED>___<DELETED>', the 
                blank space being filled in with the list of the 
                rescissions contained in the President's special 
                message, `as transmitted by the President in a special 
                message on </DELETED>____<DELETED>', the blank space 
                being filled in with the appropriate date, `regarding 
                </DELETED>____<DELETED>.', the blank space being filled 
                in with the public law number to which the special 
                message relates.</DELETED>
        <DELETED>    ``(3) Day.--The term `day' means a standard 24-
        hour period beginning at midnight and a number of days shall be 
        calculated by excluding Sundays, legal holidays, and any day 
        during which neither chamber of Congress is in 
        session.</DELETED>
            ``(4)</DELETED> Rescind or rescission</DELETED>.--
        <DELETED>The terms `rescind' or `rescission'</DELETED> 
        [<DELETED>means</DELETED>] mean <DELETED>to permanently cancel 
        or prevent budget authority or outlays available under an 
        obligation limit from having legal force or effect.
        <DELETED>    ``(5) Congressional budget office.--The term `CBO' 
        means the Director of the Congressional Budget 
        Office.</DELETED>
        <DELETED>    ``(6) Comptroller general.--The term `Comptroller 
        General' means the Comptroller General of the United 
        States.</DELETED>
        <DELETED>    ``(7) Deferral of budget authority.--The term 
        `deferral of budget authority' includes--</DELETED>
                <DELETED>    ``(A) withholding or delaying the 
                obligations or expenditure of budget authority (whether 
                by establishing reserves or otherwise) provided for 
                projects or activities; or</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(8) Funding.--(A) Except as provided in 
        subparagraph (B), the term `funding' means all or part of the 
        dollar amount of budget authority or obligation limit--
        </DELETED>
                <DELETED>    ``(i) specified in an appropriation 
                measure, or the dollar amount of budget authority or 
                obligation limit required to be allocated by a specific 
                proviso in an appropriation measure for which a 
                specific dollar figure was not included;</DELETED>
                <DELETED>    ``(ii) represented separately in any 
                table, chart, or explanatory text included in the 
                statement of managers or the governing committee report 
                accompanying such law; or</DELETED>
                <DELETED>    ``(iii) represented by the product of the 
                estimated procurement cost and the total quantity of 
                items specified in an appropriation measure or included 
                in the statement of managers or the governing committee 
                report accompanying such law.</DELETED>
        <DELETED>    ``(B) The term `funding' does not include--
        </DELETED>
                <DELETED>    ``(i) direct spending;</DELETED>
                <DELETED>    ``(ii) budget authority in an 
                appropriation measure which funds direct spending 
                provided for in other law;</DELETED>
                <DELETED>    ``(iii) any existing budget authority 
                canceled in an appropriation measure; or</DELETED>
                <DELETED>    ``(iv) any restriction or condition in an 
                appropriation measure or the accompanying statement of 
                managers or committee reports on the expenditure of 
                budget authority for an account, program, project, or 
                activity, or on activities involving such 
                expenditure.</DELETED>
        <DELETED>    ``(9) Withhold.--The terms `withhold' and 
        `withholding' apply to any executive action or inaction that 
        precludes the obligation of funding at a time when it would 
        otherwise have been available to an agency for obligation. The 
        terms do not include administrative or preparatory actions 
        undertaken prior to obligation in the normal course of 
        implementing budget laws.</DELETED>

                         [<DELETED>``expiration

</DELETED>    ``Sec. 1016. This title shall have no force or effect on 
or after December 31, 2015.</DELETED>]

                              ``expiration

    ``Sec. 1016. On December 15, 2015, the amendments made by the 
Expedited Legislative Line-Item Veto and Rescissions Act of 2011 shall 
be replaced by the provisions of part B of the Impoundment Control Act 
of 1974 as in effect immediately before the date of enactment of the 
Expedited Legislative Line-Item Veto and Rescissions Act of 2011.''.

<DELETED>SEC. 3. TECHNICAL AND CONFORMING AMENDMENTS.</DELETED>

<DELETED>    (a) Exercise of Rulemaking Powers.--Section 904 of the 
Congressional Budget Act of 1974 (2 U.S.C. 621 note) is amended--
</DELETED>
        <DELETED>    (1) in subsection (a), by striking ``1017'' and 
        inserting ``1013''; and</DELETED>
        <DELETED>    (2) in subsection (d), by striking ``section 
        1017'' and inserting ``section 1013''.</DELETED>
    (b)</DELETED> Clerical Amendments</DELETED>.--<DELETED>(1)</DELETED> 
The last sentence of section 1(a) of the Congressional Budget and 
Impoundment Control Act of 1974 is amended to read as follows: </DELETED> 
``Sections 1011 through 1016 of part B of title X may be cited as the 
`Expedited</DELETED> Legislative <DELETED>Line-Item Veto and 
Rescissions Act of 2011'.''.
</DELETED>    (2)</DELETED> Section 1017 of such Act (as redesignated) 
is amended by striking ``section 1012 or 1013'' each place it appears 
and inserting ``section 1011 or 1019'' and</DELETED> in section 1018 
(as redesignated) is amended <DELETED>by striking ``calendar'' and ``of 
continuous session''.
<DELETED>    (3) Section 1019(c) of such Act (as redesignated) is 
amended by striking ``1012'' and inserting ``1011''.</DELETED>
<DELETED>    (4) Table of Contents.--The table of contents set forth in 
section 1(b) of the Congressional Budget and Impoundment Control Act of 
1974 is amended by striking the items relating to parts B and C 
(including all of the items relating to the sections therein) of title 
X and inserting the following:</DELETED>

<DELETED>``Part B--Congressional Consideration of Proposed Rescissions 
      and Deferrals of Budget Authority and Obligation Limitations

<DELETED>``Sec. 1011. Congressional consideration of proposed 
                            rescissions and deferrals of budget 
                            authority and obligation limitations.
<DELETED>``Sec. 1012. Grants of and limitations on presidential 
                            authority.
<DELETED>``Sec. 1013. Procedures for expedited consideration.
<DELETED>``Sec. 1014. Treatment of rescissions.
<DELETED>``Sec. 1015. Definitions.
<DELETED>``Sec. 1016. Expiration.
<DELETED>``Sec. 1017. Reports by Comptroller General.
<DELETED>``Sec. 1018. Suits by Comptroller General.
<DELETED>``Sec. 1019. Proposed deferrals of budget authority.''.
<DELETED>    (c) Effective Date.--The amendments made by this Act shall 
apply to funding as defined in section 1015(8) of the Congressional 
Budget Act and Impoundment Control of 1974 in any Act enacted after the 
date of enactment of this Act.</DELETED>

<DELETED>SEC. 4. APPROVAL MEASURES CONSIDERED.</DELETED>

<DELETED>    Section 314 of the Congressional Budget Act of 1974 is 
amended--</DELETED>
        <DELETED>    (1) by redesignating subsections (b) through (e) 
        as subsections (c) through (f) and by inserting after 
        subsection (a) the following new subsection:</DELETED>
<DELETED>    ``(b) Adjustments for Rescissions.--(1) Whenever an 
approval bill passes the House of Representatives, the Committee on the 
Budget shall immediately reduce the applicable allocations under 
section 302(a) by the total amount of reductions in budget authority 
and in outlays resulting from such approval bill.</DELETED>
<DELETED>    ``(2) As used in this subsection, the term `approval bill' 
has the meaning given to such term in section 1015.''; and</DELETED>
        <DELETED>    (2) in subsection (d) (as redesignated), by 
        inserting ``or (b)'' after ``subsection (a)''.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Expedited Legislative Line-Item Veto 
and Rescissions Act of 2012''.

SEC. 2. CONGRESSIONAL CONSIDERATION OF PROPOSED RESCISSIONS AND 
              DEFERRALS OF BUDGET AUTHORITY AND OBLIGATION LIMITATIONS.

    Title X of the Congressional Budget and Impoundment Control Act of 
1974 (2 U.S.C. 621 et seq.) is amended by striking all of part B 
(except for sections 1015, 1016, and 1013, which are transferred and 
redesignated as sections 1017, 1018, and 1019, respectively) and part C 
and by inserting after part A the following:

   ``Part B--Congressional Consideration of Proposed Rescissions and 
        Deferrals of Budget Authority and Obligation Limitations

``congressional consideration of proposed rescissions and deferrals of 
              budget authority and obligation limitations

    ``Sec. 1011.  (a) Proposed Rescissions.--Within 45 days after the 
enactment of any bill or joint resolution providing any funding, the 
President may propose, in the manner provided in subsection (b), the 
rescission of all or part of any dollar amount of such funding.
    ``(b) Special Message.--If the President proposes that Congress 
rescind funding, the President shall transmit a special message to 
Congress containing the information specified in this subsection.
            ``(1) Packaging of requested rescissions.--For each piece 
        of legislation that provides funding, the President shall 
        request at most 2 packages of rescissions and the rescissions 
        in each package shall apply only to funding contained in that 
        legislation. The President shall not include the same 
        rescission in both packages.
            ``(2) Transmittal.--The President shall deliver each 
        message requesting a package of rescissions to the Secretary of 
        the Senate if the Senate is not in session and to the Clerk of 
        the House of Representatives if the House is not in session. 
        The President shall make a copy of the transmittal message 
        publicly available, and shall publish in the Federal Register a 
        notice of the message and information on how it can be 
        obtained.
            ``(3) Contents of special message.--For each request to 
        rescind funding under this part, the transmittal message 
        shall--
                    ``(A) specify--
                            ``(i) the dollar amount to be rescinded;
                            ``(ii) the agency, bureau, and account from 
                        which the rescission shall occur;
                            ``(iii) the program, project, or activity 
                        within the account (if applicable) from which 
                        the rescission shall occur;
                            ``(iv) the amount of funding, if any, that 
                        would remain for the account, program, project, 
                        or activity if the rescission request is 
                        enacted;
                            ``(v) the reasons the President requests 
                        the rescission;
                            ``(vi) to the maximum extent practicable, 
                        the estimated fiscal, economic, and budgetary 
                        effect (including the effect on outlays and 
                        receipts in each fiscal year) of the proposed 
                        rescission;
                            ``(vii) to the maximum extent practicable, 
                        all facts, circumstances, and considerations 
                        relating to or bearing upon the proposed 
                        rescission and the decision to propose the 
                        rescission, and the estimated effect of the 
                        proposed rescission upon the objects, purposes, 
                        or programs; and
                            ``(viii) if a second special message is 
                        transmitted pursuant to paragraph (2), a 
                        detailed explanation of why the proposed 
                        rescissions are not substantially similar to 
                        any other proposed rescission in such other 
                        message; and
                    ``(B) designate each separate rescission request by 
                number; and include proposed legislative text of an 
                approval bill to accomplish the requested rescissions 
                which may not include--
                            ``(i) any changes in existing law, other 
                        than the rescission of funding; or
                            ``(ii) any supplemental appropriations, 
                        transfers, or reprogrammings.

         ``grants of and limitations on presidential authority

    ``Sec. 1012.  (a) Presidential Authority To Withhold Funding.--
Notwithstanding any other provision of law and if the President 
proposes a rescission of funding under this part, the President may, 
subject to the time limits provided in subsection (c), temporarily 
withhold that funding from obligation.
    ``(b) Withholding Available Only Once Per Proposed Rescission.--
Except as provided in section 1019, the President may not invoke the 
authority to withhold funding granted by subsection (a) for any other 
purpose.
    ``(c) Time Limits.--The President shall make available for 
obligation any funding withheld under subsection (a) on the earliest 
of--
            ``(1) the day on which the President determines that the 
        continued withholding or reduction no longer advances the 
        purpose of legislative consideration of the approval bill;
            ``(2) the 45th day following the date of enactment of the 
        appropriations measure to which the approval bill relates; or
            ``(3) the last day that the President determines the 
        obligation of the funding in question can no longer be fully 
        accomplished in a prudent manner before its expiration.
    ``(d) Deficit Reduction.--
            ``(1) In general.--Funds that are rescinded under this part 
        shall be dedicated only to reducing the deficit or increasing 
        the surplus.
            ``(2) Adjustment of levels in the concurrent resolution on 
        the budget.--Not later than 5 days after the date of enactment 
        of an approval bill as provided under this part, the chairs of 
        the Committees on the Budget of the Senate and the House of 
        Representatives shall revise allocations and aggregates and 
        other appropriate levels under the appropriate concurrent 
        resolution on the budget to reflect the rescissions, and the 
        Committees on Appropriations of the House of Representatives 
        and the Senate shall report revised suballocations pursuant to 
        section 302(b) of title III, as appropriate.
            ``(3) Adjustments to statutory limits.--After enactment of 
        an approval bill provided under this section, the President 
        shall revise downward by the amount of the rescissions 
        applicable limits under the Balanced Budget and Emergency 
        Deficit Control Act of 1985.

                ``procedures for expedited consideration

    ``Sec. 1013.  (a) Expedited Consideration.--
            ``(1) Introduction of approval bill.--The majority leader 
        of each House or a designee shall (by request) introduce an 
        approval bill as defined in section 1015 not later than the 
        fifth day of session of that House after the date of receipt of 
        a special message transmitted to the Congress under section 
        1011(b).
            ``(2) Consideration in the house of representatives.--
                    ``(A) Referral and reporting.--Any committee of the 
                House of Representatives to which an approval bill is 
                referred shall report it to the House without amendment 
                not later than the fifth legislative day after the date 
                of its introduction. If a committee fails to report the 
                bill within that period or the House has adopted a 
                concurrent resolution providing for adjournment sine 
                die at the end of a Congress, such committee shall be 
                automatically discharged from further consideration of 
                the bill and it shall be placed on the appropriate 
                calendar.
                    ``(B) Proceeding to consideration.--Not later than 
                5 legislative days after the approval bill is reported 
                or a committee has been discharged from further 
                consideration thereof, it shall be in order to move to 
                proceed to consider the approval bill in the House. 
                Such a motion shall be in order only at a time 
                designated by the Speaker in the legislative schedule 
                within two legislative days after the day on which the 
                proponent announces an intention to the House to offer 
                the motion provided that such notice may not be given 
                until the approval bill is reported or a committee has 
                been discharged from further consideration thereof. 
                Such a motion shall not be in order after the House has 
                disposed of a motion to proceed with respect to that 
                special message. The previous question shall be 
                considered as ordered on the motion to its adoption 
                without intervening motion. A motion to reconsider the 
                vote by which the motion is disposed of shall not be in 
                order.
                    ``(C) Consideration.--If the motion to proceed is 
                agreed to, the House shall immediately proceed to 
                consider the approval bill in the House without 
                intervening motion. The approval bill shall be 
                considered as read. All points of order against the 
                approval bill and against its consideration are waived. 
                The previous question shall be considered as ordered on 
                the approval bill to its passage without intervening 
                motion except 2 hours of debate equally divided and 
                controlled by the proponent and an opponent and one 
                motion to limit debate on the bill. A motion to 
                reconsider the vote on passage of the approval bill 
                shall not be in order.
            ``(3) Consideration in the senate.--
                    ``(A) Referral.--The approval bill introduced in 
                the Senate shall be referred to the committees having 
                jurisdiction over the provisions of law contained in 
                the approval bill.
                    ``(B) Committee action.--Each committee of referral 
                of the Senate shall report without amendment the 
                approval bill referred to it under this subsection not 
                later than the fifth session day after introduction. If 
                a committee fails to report the approval bill within 
                that period or the Senate has adopted a concurrent 
                resolution providing for adjournment sine die at the 
                end of a Congress, the Committee shall be automatically 
                discharged from further consideration of the approval 
                bill and it shall be placed on the appropriate 
                calendar.
                    ``(C) Motion to proceed.--Not later than 5 session 
                days after the approval bill is reported in the Senate 
                or committees have been discharged thereof, it shall be 
                in order for any Senator to move to proceed to consider 
                the approval bill in the Senate. The motion shall be 
                decided without debate and the motion to reconsider 
                shall be deemed to have been laid on the table. Such a 
                motion shall not be in order after the Senate has 
                disposed of a prior motion to proceed with respect to 
                the approval bill.
                    ``(D) Consideration.--If a motion to proceed to the 
                consideration of the approval bill is agreed to, the 
                Senate shall immediately proceed to consideration of 
                the approval bill without intervening motion, order, or 
                other business, and the approval bill shall remain the 
                unfinished business of the Senate until disposed of. 
                Consideration on the bill in the Senate under this 
                subsection, and all debatable motions and appeals in 
                connection therewith, shall not exceed 10 hours. All 
                points of order against the approval bill or its 
                consideration are waived. Consideration in the Senate 
                on any debatable motion or appeal in connection with 
                the approval bill shall be limited to not more than 1 
                hour. A motion to postpone, or a motion to proceed to 
                the consideration of other business, or a motion to 
                recommit the approval bill is not in order. A motion to 
                reconsider the vote by which the approval bill is 
                agreed to or disagreed to is not in order.
            ``(4) Amendments prohibited.--No amendment to, or motion to 
        strike a provision from, an approval bill considered under this 
        section shall be in order in either the Senate or the House of 
        Representatives.
            ``(5) Coordination with action by other house.--
                    ``(A) In general.--If, before passing the approval 
                bill, one House receives from the other a bill--
                            ``(i) the approval bill of the other House 
                        shall not be referred to a committee; and
                            ``(ii) the procedure in the receiving House 
                        shall be the same as if no approval bill had 
                        been received from the other House until the 
                        vote on passage, when the bill received from 
                        the other House shall supplant the approval 
                        bill of the receiving House.
                    ``(B) This paragraph shall not apply to the House 
                of Representatives if the approval bill received from 
                the Senate is a revenue measure or an appropriation 
                measure.
    ``(b) Limitation.--Subsection (a) shall apply only to an approval 
bill introduced pursuant to subsection (a)(1).
    ``(c) CBO Estimate.--Upon receipt of a special message under 
section 1101 proposing to rescind all or part of any dollar amount, CBO 
shall prepare and submit to the appropriate committees of the House of 
Representatives and the Senate an estimate of the reduction in budget 
authority which would result from the enactment of the proposed 
recisions.

                       ``treatment of rescissions

    ``Sec. 1014. Rescissions proposed by the President under this part 
shall take effect only upon enactment of the applicable approval bill. 
If an approval bill is not enacted into law within 45 days from the 
enactment of the appropriation measure to which the approval bill 
relates, then the approval bill shall not be eligible for expedited 
consideration under the provisions of this Act.

                             ``definitions

    ``Sec. 1015. As used in this part:
            ``(1) Appropriation measure.--The term `appropriation 
        measure' means an Act referred to in section 105 of title 1, 
        United States Code, including any general or special 
        appropriation Act, or any Act making supplemental, deficiency, 
        or continuing appropriations, that has been enacted into law 
        pursuant to article I, section 7, of the Constitution of the 
        United States.
            ``(2) Approval bill.--The term `approval bill' means a bill 
        which only approves rescissions of funding in a special message 
        transmitted by the President under this part and--
                    ``(A) the title of which is as follows: `A bill 
                approving the proposed rescissions transmitted by the 
                President on ___', the blank space being filled in with 
                the date of transmission of the relevant special 
                message and the public law number to which the message 
                relates; and
                    ``(B) which provides only the following after the 
                enacting clause: `That the Congress approves the 
                proposed rescissions ___', the blank space being filled 
                in with the list of the rescissions contained in the 
                President's special message, `as transmitted by the 
                President in a special message on ____', the blank 
                space being filled in with the appropriate date, 
                `regarding ____.', the blank space being filled in with 
                the public law number to which the special message 
                relates.
            ``(3) Day.--Except as used in section 1013, the term `day' 
        means a standard 24-hour period beginning at midnight and a 
        number of days shall be calculated by excluding Sundays, legal 
        holidays, and any day during which neither chamber of Congress 
        is in session.
            ``(4) Rescind or rescission.--The terms `rescind' or 
        `rescission' mean to permanently cancel or prevent budget 
        authority or outlays available under an obligation limit from 
        having legal force or effect.
            ``(5) Congressional budget office.--The term `CBO' means 
        the Director of the Congressional Budget Office.
            ``(6) Comptroller general.--The term `Comptroller General' 
        means the Comptroller General of the United States.
            ``(7) Deferral of budget authority.--The term `deferral of 
        budget authority' includes--
                    ``(A) withholding or delaying the obligations 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.
            ``(8) Funding.--(A) Except as provided in subparagraph (B), 
        the term `funding' means all or part of the dollar amount of 
        budget authority or obligation limit--
                    ``(i) specified in an appropriation measure, or the 
                dollar amount of budget authority or obligation limit 
                required to be allocated by a specific proviso in an 
                appropriation measure for which a specific dollar 
                figure was not included;
                    ``(ii) represented separately in any table, chart, 
                or explanatory text included in the statement of 
                managers or the governing committee report accompanying 
                such law; or
                    ``(iii) represented by the product of the estimated 
                procurement cost and the total quantity of items 
                specified in an appropriation measure or included in 
                the statement of managers or the governing committee 
                report accompanying such law.
            ``(B) The term `funding' does not include--
                    ``(i) direct spending;
                    ``(ii) budget authority in an appropriation measure 
                which funds direct spending provided for in other law;
                    ``(iii) any existing budget authority canceled in 
                an appropriation measure; or
                    ``(iv) any restriction or condition in an 
                appropriation measure or the accompanying statement of 
                managers or committee reports on the expenditure of 
                budget authority for an account, program, project, or 
                activity, or on activities involving such expenditure.
            ``(9) Withhold.--The terms `withhold' and `withholding' 
        apply to any executive action or inaction that precludes the 
        obligation of funding at a time when it would otherwise have 
        been available to an agency for obligation. The terms do not 
        include administrative or preparatory actions undertaken prior 
        to obligation in the normal course of implementing budget laws.

                              ``expiration

    ``Sec. 1016. On December 15, 2015, the amendments made by the 
Expedited Legislative Line-Item Veto and Rescissions Act of 2012 shall 
be replaced by the provisions of part B of the Impoundment Control Act 
of 1974 as in effect immediately before the date of enactment of the 
Expedited Legislative Line-Item Veto and Rescissions Act of 2012.''.

SEC. 3. TECHNICAL AND CONFORMING AMENDMENTS.

    (a) Exercise of Rulemaking Powers.--Section 904 of the 
Congressional Budget Act of 1974 (2 U.S.C. 621 note) is amended--
            (1) in subsection (a), by striking ``1017'' and inserting 
        ``1013''; and
            (2) in subsection (d), by striking ``section 1017'' and 
        inserting ``section 1013''.
    (b) Clerical Amendments.--(1) The last sentence of section 1(a) of 
the Congressional Budget and Impoundment Control Act of 1974 is amended 
to read as follows: ``Sections 1011 through 1016 of part B of title X 
may be cited as the `Expedited Legislative Line-Item Veto and 
Rescissions Act of 2012'.''.
    (2) Section 1017 of such Act (as redesignated) is amended by 
striking ``section 1012 or 1013'' each place it appears and inserting 
``section 1011 or 1019'' and section 1018 (as redesignated) is amended 
by striking ``calendar'' and ``of continuous session''.
    (3) Section 1019(c) of such Act (as redesignated) is amended by 
striking ``1012'' and inserting ``1011''.
    (4) Table of Contents.--The table of contents set forth in section 
1(b) of the Congressional Budget and Impoundment Control Act of 1974 is 
amended by striking the items relating to parts B and C (including all 
of the items relating to the sections therein) of title X and 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.''.
    (c) Effective Date.--The amendments made by this Act shall apply to 
funding as defined in section 1015(8) of the Congressional Budget Act 
and Impoundment Control of 1974 in any Act enacted after the date of 
enactment of this Act.

SEC. 4. APPROVAL MEASURES CONSIDERED.

    Section 314 of the Congressional Budget Act of 1974 is amended--
            (1) by redesignating subsections (b) through (e) as 
        subsections (c) through (f) and by inserting after subsection 
        (a) the following new subsection:
    ``(b) Adjustments for Rescissions.--(1) Whenever an approval bill 
passes the House of Representatives, the Committee on the Budget shall 
immediately reduce the applicable allocations under section 302(a) by 
the total amount of reductions in budget authority and in outlays 
resulting from such approval bill.
    ``(2) As used in this subsection, the term `approval bill' has the 
meaning given to such term in section 1015.''; and
            (2) in subsection (d) (as redesignated), by inserting ``or 
        (b)'' after ``subsection (a)''.
                                                 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 Impoundment Control Act of 1974 
 to provide for a legislative line-item veto to expedite consideration 
                of rescissions, and for other purposes.

_______________________________________________________________________

                            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
```