I

103D CONGRESS

2D SESSION H. R. 4600

To amend the Congressional Budget and Impoundment Control Act of 1974

to provide for the expedited consideration of certain proposed rescissions

of budget authority.

IN THE HOUSE OF REPRESENTATIVES

JUNE 17, 1994

Mr. SPRATT introduced the following bill; which was referred jointly to the

Committees on Government Operations and Rules

A BILL

To amend the Congressional Budget and Impoundment Control Act of 1974 to provide for the expedited consideration of certain proposed rescissions of budget authority.

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 Rescissions

5 Act of 1994’’.

6 SEC. 2. EXPEDITED CONSIDERATION OF CERTAIN PRO7 POSED RESCISSIONS.

8 (a) IN GENERAL.—Part B of title X of the Congres9 sional Budget and Impoundment Control Act of 1974 (2
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1 U.S.C. 681 et seq.) is amended by redesignating sections

2 1013 through 1017 as sections 1014 through 1018, re3 spectively, and inserting after section 1012 the following

4 new section:

5 ‘‘EXPEDITED CONSIDERATION OF CERTAIN PROPOSED

6 RESCISSIONS

7 ‘‘SEC. 1013. (a) PROPOSED RESCISSION OF BUDGET

8 AUTHORITY.—In addition to the method of rescinding

9 budget authority specified in section 1012, the President

10 may propose, at the time and in the manner provided in

11 subsection (b), the rescission of any budget authority pro12 vided in an appropriation Act. Funds made available for

13 obligation under this procedure may not be proposed for

14 rescission again under this section or section 1012.

15 ‘‘(b) TRANSMITTAL OF SPECIAL MESSAGE.—

16 ‘‘(1) Not later than 3 calendar days after the

17 date of enactment of an appropriation Act, the

18 President may transmit to Congress one special mes19 sage proposing to rescind amounts of budget author20 ity provided in that Act and include with that special

21 message a draft bill that, if enacted, would only re22 scind that budget authority. That bill shall clearly

23 identify the amount of budget authority that is pro24 posed to be rescinded for each program, project, or

25 activity to which that budget authority relates.
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1 ‘‘(2) In the case of an appropriation Act that

2 includes accounts within the jurisdiction of more

3 than one subcommittee of the Committee on Appro4 priations, the President in proposing to rescind

5 budget authority under this section shall send a sep6 arate special message and accompanying draft bill

7 for accounts within the jurisdiction of each such sub8 committee.

9 ‘‘(3) Each special message shall specify, with

10 respect to the budget authority proposed to be re11 scinded, the matters referred to in paragraphs (1)

12 through (5) of section 1012(a).

13 ‘‘(c) PROCEDURES FOR EXPEDITED CONSIDER14 ATION.—

15 ‘‘(1)(A) Before the close of the second legisla16 tive day of the House of Representatives after the

17 date of receipt of a special message transmitted to

18 Congress under subsection (b), the majority leader

19 or minority leader of the House of Representaitves

20 shall introduce (by request) the draft bill accom21 panying that special message. If the bill is not intro22 duced as provided in the preceding sentence, then,

23 on the third legislative day of the House of Rep24 resentatives after the date of receipt of that special
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1 message, any Member of that House may introduce

2 the bill.

3 ‘‘(B)(i) The bill shall be referred to the Com4 mittee on Appropriations of the House of Represent5 atives. The committee shall report the bill without

6 substantive revision, and with or without rec7 ommendation. The bill shall be reported not later

8 than the seventh legislative day of that House after

9 the date of receipt of that special message. If the

10 Committee on Appropriations fails to report the bill

11 within that period, that committee shall be auto12 matically discharged from consideration of the bill,

13 and the bill shall be placed on the appropriate cal14 endar.

15 ‘‘(ii) The Committee on Appropriations may re16 port to the House, within the 7-legislative day period

17 described in clause (i), an alternative bill which—

18 ‘‘(I) contains only rescissions to the same

19 appropriation Act as the bill for which it is an

20 alternative; and

21 ‘‘(II) which rescinds an aggregate amount

22 of budget authority equal to or greater than the

23 aggregate amount of budget authority rescinded

24 in the bill for which it is an alternative.
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1 ‘‘(C) A vote on final passage of the bill referred

2 to in subparagraph (B)(i) shall be taken in the

3 House of Representatives on or before the close of

4 the 10th legislative day of that House after the date

5 of the introduction of the bill in that House. If the

6 bill is passed, the Clerk of the House of Representa7 tives shall cause the bill to be engrossed, certified,

8 and transmitted to the Senate within one calendar

9 day of the day on which the bill is passed.

10 ‘‘(D) Upon rejection of the bill described in

11 subparagraph (B)(i) on final passage, a motion in

12 the House to proceed to consideration of the alter13 native bill reported from the Committee on Appro14 priations under subparagraph (B)(ii) shall be highly

15 privileged and not debatable.

16 ‘‘(E) A vote on final passage of the bill referred

17 to in subparagraph (B)(ii) shall be taken in the

18 House of Representatives on or before the close of

19 the 11th legislative day of that House after the date

20 of the introduction of the bill in that House for

21 which it is an alternative. If the bill is passed, the

22 Clerk of the House of Representatives shall cause

23 the bill to be engrossed, certified, and transmitted to

24 the Senate within one calendar day of the day on

25 which the bill is passed.
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1 ‘‘(2)(A) A motion in the House of Representa2 tives to proceed to the consideration of a bill under

3 this section shall be highly privileged and not debat4 able. An amendment to the motion shall not be in

5 order, nor shall it be in order to move to reconsider

6 the vote by which the motion is agreed to or dis7 agreed to.

8 ‘‘(B) Debate in the House of Representatives

9 on a bill under this section shall not exceed 4 hours,

10 which shall be divided equally between those favoring

11 and those opposing the bill. A motion further to

12 limit debate shall not be debatable. It shall not be

13 in order to move to recommit a bill under this sec14 tion or to move to reconsider the vote by which the

15 bill is agreed to or disagreed to.

16 ‘‘(C) Appeals from decisions of the Chair relat17 ing to the application of the Rules of the House of

18 Representatives to the procedure relating to a bill

19 under this section shall be decided without debate.

20 ‘‘(3)(A) A bill transmitted to the Senate pursu21 ant to paragraph (1) (C) or (E) shall be referred to

22 its Committee on Appropriations. The committee

23 shall report the bill either without substantive revi24 sion or with an amendment in the nature of a sub25 stitute, and with or without recommendation. The
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1 bill shall be reported not later than the seventh leg2 islative day of the Senate after it receives the bill.

3 A committee failing to report the bill within such pe4 riod shall be automatically discharged from consider5 ation of the bill, and the bill shall be placed upon

6 the appropriate calendar.

7 ‘‘(B) A vote on final passage of a bill transmit8 ted to the Senate shall be taken on or before the

9 close of the 10th legislative day of the Senate after

10 the date on which the bill is transmitted.

11 ‘‘(4)(A) A motion in the Senate to proceed to

12 the consideration of a bill under this section shall be

13 privileged and not debatable. An amendment to the

14 motion shall not be in order, nor shall it be in order

15 to move to reconsider the vote by which the motion

16 is agreed to or disagreed to.

17 ‘‘(B) Debate in the Senate on a bill under this

18 section, and all amendments thereto and all debat19 able motions and appeals in connection therewith,

20 shall not exceed 10 hours. The time shall be equally

21 divided between, and controlled by, the majority

22 leader and the minority leader or their designees.

23 ‘‘(C) Debate in the Senate on any debatable

24 motion or appeal in connection with a bill under this

25 section shall be limited to not more than 1 hour, to
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1 be equally divided between, and controlled by, the

2 mover and the manager of the bill, except that in

3 the event the manager of the bill is in favor of any

4 such motion or appeal, the time in opposition there5 to, shall be controlled by the minority leader or his

6 designee. Such leaders, or either of them, may, from

7 time under their control on the passage of a bill,

8 allot additional time to any Senator during the con9 sideration of any debatable motion or appeal.

10 ‘‘(D) A motion in the Senate to further limit

11 debate on a bill under this section is not debatable.

12 A motion to recommit a bill under this section is not

13 in order.

14 ‘‘(d) AMENDMENTS AND DIVISIONS GENERALLY

15 PROHIBITED.—(1) Except as provided by paragraph (2),

16 no amendment to a bill considered under this section or

17 to a substitute amendment referred to in paragraph (2)

18 shall be in order in either the House of Representatives

19 or the Senate. It shall not be in order to demand a division

20 of the question in the House of Representatives (or in a

21 Committee of the Whole) or in the Senate. No motion to

22 suspend the application of this subsection shall be in order

23 in either House, nor shall it be in order in either House

24 to suspend the application of this subsection by unanimous

25 consent.
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1 ‘‘(2)(A) It shall be in order in the Senate to consider

2 an amendment in the nature of a substitute reported by

3 the Committee on Appropriations under subsection

4 (c)(3)(A) that complies with subparagraph (B).

5 ‘‘(B) It shall only be in order in the Senate to con6 sider any amendment described in subparagraph (A) if—

7 ‘‘(i) the amendment contains only rescissions to

8 the same appropriation Act as the bill that it is

9 amending contained; and

10 ‘‘(ii) the aggregate amount of budget authority

11 rescinded equals or exceeds the aggregate amount of

12 budget authority rescinded in the bill that it is

13 amending;

14 unless that amendment consists solely of the text of the

15 bill as introduced in the House of Representatives that

16 makes rescissions to carry out the applicable special mes17 sage of the President.

18 ‘‘(C) It shall not be in order in the Senate to consider

19 a bill or an amendment in the nature of a substitute re20 ported by the Committee on Appropriations under sub21 section (c)(3)(A) unless the Senate has voted upon and

22 rejected an amendment in the nature of a substitute con23 sisting solely of the text of the bill as introduced in the

24 House of Representatives that makes rescissions to carry

25 out the applicable special message of the President.
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1 ‘‘(e) REQUIREMENT TO MAKE AVAILABLE FOR OBLI2 GATION.—Any amount of budget authority proposed to be

3 rescinded in a special message transmitted to Congress

4 under subsection (b) shall be made available for obligation

5 on the earlier of—

6 ‘‘(1) the day after the date upon which the

7 House of Representatives defeats the text of the bill

8 transmitted with that special message rescinding the

9 amount proposed to be rescinded and (if reported by

10 the Committee on Appropriations) the alternative

11 bill; or

12 ‘‘(2) the day after the date upon which the Sen13 ate rejects a bill or amendment in the nature of a

14 substitute consisting solely of the text of the bill as

15 introduced in the House of Representatives that

16 makes rescissions to carry out the applicable special

17 message of the President.

18 ‘‘(f) DEFINITIONS.—For purposes of this section—

19 ‘‘(1) the term ‘appropriation Act’ means any

20 general or special appropriation Act, and any Act or

21 joint resolution making supplemental, deficiency, or

22 continuing appropriations; and

23 ‘‘(2) the term ‘legislative day’ means, with re24 spect to either House of Congress, any calendar day

25 during which that House is in session.’’.
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1 (b) EXERCISE OF RULEMAKING POWERS.—Section

2 904 of such Act (2 U.S.C. 621 note) is amended—

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

4 and inserting ‘‘1013, and 1018’’; and

5 (2) by striking ‘‘section 1017’’ in subsection (d)

6 and inserting ‘‘sections 1013 and 1018’’; and

7 (c) CONFORMING AMENDMENTS.—

8 (1) Section 1011 of such Act (2 U.S.C. 682(5))

9 is amended—

10 (A) in paragraph (4), by striking ‘‘1013’’

11 and inserting ‘‘1014’’; and

12 (B) in paragraph (5)—

13 (i) by striking ‘‘1016’’ and inserting

14 ‘‘1017’’; and

15 (ii) by striking ‘‘1017(b)(1)’’ and in16 serting ‘‘1018(b)(1)’’.

17 (2) Section 1015 of such Act (2 U.S.C. 685)

18 (as redesignated by section 2(a)) is amended—

19 (A) by striking ‘‘1012 or 1013’’ each place

20 it appears and inserting ‘‘1012, 1013, or

21 1014’’;

22 (B) in subsection (b)(1), by striking

23 ‘‘1012’’ and inserting ‘‘1012 or 1013’’;

24 (C) in subsection (b)(2), by striking

25 ‘‘1013’’ and inserting ‘‘1014’’; and
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1 (D) in subsection (e)(2)—

2 (i) by striking ‘‘and’’ at the end of

3 subparagraph (A);

4 (ii) by redesignating subparagraph

5 (B) as subparagraph (C);

6 (iii) by striking ‘‘1013’’ in subpara7 graph (C) (as so redesignated) and insert8 ing ‘‘1014’’; and

9 (iv) by inserting after subparagraph

10 (A) the following new subparagraph:

11 ‘‘(B) he has transmitted a special message

12 under section 1013 with respect to a proposed

13 rescission; and’’.

14 (3) Section 1016 of such Act (2 U.S.C. 686)

15 (as redesignated by section 2(a)) is amended by

16 striking ‘‘1012 or 1013’’ each place it appears and

17 inserting ‘‘1012, 1013, or 1014’’.

18 (d) CLERICAL AMENDMENTS.—The table of sections

19 for subpart B of title X of such Act is amended—

20 (1) by redesignating the items relating to sec21 tions 1013 through 1017 as items relating to sec22 tions 1014 through 1018; and

23 (2) by inserting after the item relating to sec24 tion 1012 the following new item:

‘‘Sec. 1013. Expedited consideration of certain proposed rescissions.’’.
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1 SEC. 3. APPLICATION.

2 (a) IN GENERAL.—Section 1013 of the Congressional

3 Budget and Impoundment Control Act of 1974 (as added

4 by section 2) shall apply to amounts of budget authority

5 provided by appropriation Acts (as defined in subsection

6 (f) of such section) that are enacted during the One Hun7 dred Third Congress.

8 (b) SPECIAL TRANSITION RULE.—Within 3 calendar

9 days after the beginning of the One Hundred Fourth Con10 gress, the President may retransmit a special message, in

11 the manner provided in section 1013(b) of the Congres12 sional Budget and Impoundment Control Act of 1974 (as

13 added by section 2), proposing to rescind only those

14 amounts of budget authority that were contained in any

15 special message to the One Hundred Third Congress

16 which that Congress failed to consider because of its sine

17 die adjournment before the close of the time period set

18 forth in such section 1013 for consideration of those pro19 posed rescissions. A draft bill shall accompany that special

20 message that, if enacted, would only rescind that budget

21 authority. Before the close of the second legislative day

22 of the House of Representatives after the date of receipt

23 of that special message, the majority leader or minority

24 leader of the House of Representatives shall introduce (by

25 request) the draft bill accompanying that special message.

26 If the bill is not introduced as provided in the preceding
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1 sentence, then, on the third legislative day of the House

2 of Representatives after the date of receipt of that special

3 message, any Member of that House may introduce the

4 bill. The House of Representatives and the Senate shall

5 proceed to consider that bill in the manner provided in

6 such section 1013.

7 SEC. 4. TERMINATION.

8 The authority provided by section 1013 of the Con9 gressional Budget and Impoundment Control Act of 1974

10 (as added by section 2) shall terminate 2 years after the

11 date of enactment of this Act.

12 SEC. 5. JUDICIAL REVIEW.

13 (a) EXPEDITED REVIEW.—

14 (1) Any Member of Congress may bring an ac15 tion, in the United States District Court for the Dis16 trict of Columbia, for declaratory judgment and in17 junctive relief on the ground that any provision of

18 section 1013 (as added by section 2) violates the

19 Constitution.

20 (2) A copy of any complaint in an action

21 brought under paragraph (1) shall be promptly de22 livered to the Secretary of the Senate and the Clerk

23 of the House of Representatives, and each House of

24 Congress shall have the right to intervene in such

25 action.
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1 (3) Any action brought under paragraph (1)

2 shall be heard and determined by a three-judge

3 court in accordance with section 2284 of title 28,

4 United States Code.

5 Nothing in this section or in any other law shall infringe

6 upon the right of the House of Representatives to inter7 vene in an action brought under paragraph (1) without

8 the necessity of adopting a resolution to authorize such

9 intervention.

10 (b) APPEAL TO SUPREME COURT.—Notwithstanding

11 any other provision of law, any order of the United States

12 District Court for the District of Columbia which is issued

13 pursuant to an action brought under paragraph (1) of sub14 section (a) shall be reviewable by appeal directly to the

15 Supreme Court of the United States. Any such appeal

16 shall be taken by a notice of appeal filed within 10 days

17 after such order is entered; and the jurisdictional state18 ment shall be filed within 30 days after such order is en19 tered. No stay of an order issued pursuant to an action

20 brought under paragraph (1) of subsection (a) shall be

21 issued by a single Justice of the Supreme Court.

22 (c) EXPEDITED CONSIDERATION.—It shall be the

23 duty of the District Court for the District of Columbia

24 and the Supreme Court of the United States to advance

25 on the docket and to expedite to the greatest possible ex-
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1 tent the disposition of any matter brought under sub2 section (a).

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