IIA

103D CONGRESS

2D SESSION H. R. 4600

IN THE SENATE OF THE UNITED STATES

JULY 15 (legislative day, JULY 11), 1994

Received; read twice and referred jointly pursuant to the order of August 4,

1977, to the Committees on the Budget and Governmental Affairs, with

instructions that if one committee reports, the other committee have thirty days to report or be discharged

AN ACT

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. EXPEDITED CONSIDERATION OF CERTAIN PRO4 POSED RESCISSIONS AND TARGETED TAX

5 BENEFITS.

6 (a) IN GENERAL.—Section 1012 of the Congressional

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

8 683) is amended to read as follows:
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1 ‘‘EXPEDITED CONSIDERATION OF CERTAIN PROPOSED

2 RESCISSIONS

3 ‘‘SEC. 1012. (a) PROPOSED RESCISSION OF BUDGET

4 AUTHORITY OR REPEAL OF TARGETED TAX BENEFITS.—

5 The President may propose, at the time and in the manner

6 provided in subsection (b), the rescission of any budget

7 authority provided in an appropriation Act or repeal of

8 any targeted tax benefit provided in any revenue Act.

9 Funds made available for obligation under this procedure

10 may not be proposed for rescission again under this sec11 tion.

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

13 ‘‘(1) The President may transmit to Congress a

14 special message proposing to rescind amounts of

15 budget authority or to repeal any targeted tax bene16 fit and include with with that special message a

17 draft bill that, if enacted, would only rescind that

18 budget authority or repeal that targeted tax benefit.

19 That bill shall clearly identify the amount of budget

20 authority that is proposed to be rescinded for each

21 program, project, or activity to which that budget

22 authority relates or the targeted tax benefit pro23 posed to be repealed, as the case may be. It shall in24 clude a Deficit Reduction Account. The President

25 may place in the Deficit Reduction Account an
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1 amount not to exceed the total rescissions in that

2 bill. A targeted tax benefit may only be proposed to

3 be repealed under this section during the 20-cal4 endar-day period (excluding Saturdays, Sundays,

5 and legal holidays) commencing on the day after the

6 date of enactment of the provision proposed to be re7 pealed.

8 ‘‘(2) In the case of an appropriation Act that

9 includes accounts within the jurisdiction of more

10 than one subcommittee of the Committee on Appro11 priations, the President in proposing to rescind

12 budget authority under this section shall send a sep13 arate special message and accompanying draft bill

14 for accounts within the jurisdiction of each such sub15 committee.

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

17 respect to the budget authority proposed to be re18 scinded, the following—

19 ‘‘(A) the amount of budget authority which

20 he proposes to be rescinded;

21 ‘‘(B) any account, department, or estab22 lishment of the Government to which such

23 budget authority is available for obligation, and

24 the specific project or governmental functions

25 involved;
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1 ‘‘(C) the reasons why the budget authority

2 should be rescinded;

3 ‘‘(D) to the maximum extent practicable,

4 the estimated fiscal, economic, and budgetary

5 effect (including the effect on outlays and re6 ceipts in each fiscal year) of the proposed re7 scission; and

8 ‘‘(E) all facts, circumstances, and consider9 ations relating to or bearing upon the proposed

10 rescission and the decision to effect the pro11 posed rescission, and to the maximum extent

12 practicable, the estimated effect of the proposed

13 rescission upon the objects, purposes, and pro14 grams for which the budget authority is pro15 vided.

16 Each special message shall specify, with respect to

17 the proposed repeal of targeted tax benefits, the in18 formation required by subparagraphs (C), (D), and

19 (E), as it relates to the proposed repeal.

20 ‘‘(c) PROCEDURES FOR EXPEDITED CONSIDER21 ATION.—

22 ‘‘(1)(A) Before the close of the second legisla23 tive day of the House of Representatives after the

24 date of receipt of a special message transmitted to

25 Congress under subsection (b), the majority leader
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1 or minority leader of the House of Representatives

2 shall introduce (by request) the draft bill accom3 panying that special message. If the bill is not intro4 duced as provided in the preceding sentence, then,

5 on the third legislative day of the House of Rep6 resentatives after the date of receipt of that special

7 message, any Member of that House may introduce

8 the bill.

9 ‘‘(B) The bill shall be referred to the Commit10 tee on Appropriations or the Committee on Ways

11 and Means of the House of Representatives, as ap12 plicable. The committee shall report the bill without

13 substantive revision and with or without rec14 ommendation. The bill shall be reported not later

15 than the seventh legislative day of that House after

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

17 committee fails to report the bill within that period,

18 that committee shall be automatically discharged

19 from consideration of the bill, and the bill shall be

20 placed on the appropriate calendar.

21 ‘‘(C)(i) During consideration under this para22 graph, any Member of the House of Representatives

23 may move to strike any proposed rescission or re24 scissions of budget authority or any proposed repeal
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1 of a target tax benefit, as applicable, if supported by

2 49 other Members.

3 ‘‘(ii) It shall not be in order for a Member of

4 the House of Representatives to move to strike any

5 proposed rescission under clause (i) unless the

6 amendment reduces the appropriate Deficit Reduc7 tion Account if the program, project, or account to

8 which the proposed rescission applies was identified

9 in the Deficit Reduction Account in the special mes10 sage under subsection (b).

11 ‘‘(D) A vote on final passage of the bill shall be

12 taken in the House of Representatives on or before

13 the close of the 10th legislative day of that House

14 after the date of the introduction of the bill in that

15 House. If the bill is passed, the Clerk of the House

16 of Representatives shall cause the bill to be en17 grossed, certified, and transmitted to the Senate

18 within one calendar day of the day on which the bill

19 is passed.

20 ‘‘(2)(A) A motion in the House of Representa21 tives to proceed to the consideration of a bill under

22 this section shall be highly privileged and not debat23 able. An amendment to the motion shall not be in

24 order, nor shall it be in order to move to reconsider
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1 the vote by which the motion is agreed to or dis2 agreed to.

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

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

5 which shall be divided equally between those favoring

6 and those opposing the bill. A motion further to

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

8 in order to move to recommit a bill under this sec9 tion or to move to reconsider the vote by which the

10 bill is agreed to or disagreed to.

11 ‘‘(C) Appeals from decisions of the Chair relat12 ing to the application of the Rules of the House of

13 Representatives to the procedure relating to a bill

14 under this section shall be decided without debate.

15 ‘‘(D) Except to the extent specifically provided

16 in the preceding provisions of this subsection, con17 sideration of a bill under this section shall be gov18 erned by the Rules of the House of Representatives.

19 It shall not be in order in the House of Representa20 tives to consider any rescission bill introduced pursu21 ant to the provisions of this section under a suspen22 sion of the rules or under a special rule.

23 ‘‘(3)(A) A bill transmitted to the Senate pursu24 ant to paragraph (1)(D) shall be referred to its

25 Committee on Appropriations or Committee on Fi-
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1 nance, as applicable. That committee shall report

2 the bill without substantive revision and with or

3 without recommendation. The bill shall be reported

4 not later than the seventh legislative day of the Sen5 ate after it receives the bill. A committee failing to

6 report the bill within such period shall be automati7 cally discharged from consideration of the bill, and

8 the bill shall be placed upon the appropriate cal9 endar.

10 ‘‘(B)(i) During consideration under this para11 graph, any Member of the Senate may move to

12 strike any proposed rescission or rescissions of budg13 et authority or any proposed repeal of a targeted tax

14 benefit, as applicable, if supported by 14 other Mem15 bers.

16 ‘‘(ii) It shall not be in order for a Member of

17 the House or Senate to move to strike any proposed

18 rescission under clause (i) unless the amendment re19 duces the appropriate Deficit Reduction Account

20 (pursuant to section 314) if the program, project, or

21 account to which the proposed rescission applies was

22 identified in the Deficit Reduction Account in the

23 special message under subsection (b).

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

25 the consideration of a bill under this section shall be
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1 privileged and not debatable. An amendment to the

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

3 to move to reconsider the vote by which the motion

4 is agreed to or disagreed to.

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

6 section, and all debatable motions and appeals in

7 connection therewith, (including debate pursuant to

8 subparagraph (C)), shall not exceed 10 hours. The

9 time shall be equally divided between, and controlled

10 by, the majority leader and the minority leader or

11 their designees.

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

13 motion or appeal in connection with a bill under this

14 section shall be limited to not more than 1 hour, to

15 be equally divided between, and controlled by, the

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

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

18 such motion or appeal, the time in opposition there19 to, shall be controlled by the minority leader or his

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

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

22 allot additional time to any Senator during the con23 sideration of any debatable motion or appeal.

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

25 debate on a bill under this section is not debatable.
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1 A motion to recommit a bill under this section is not

2 in order.

3 ‘‘(d) AMENDMENTS AND DIVISIONS PROHIBITED.—

4 Except as otherwise provided by this section, no amend5 ment to a bill considered under this section shall be in

6 order in either the House of Representatives or the Sen7 ate. It shall not be in order to demand a division of the

8 question in the House of Representatives (or in a Commit9 tee of the Whole) or in the Senate. No motion to suspend

10 the application of this subsection shall be in order in either

11 House, nor shall it be in order in either House to suspend

12 the application of this subsection by unanimous consent.

13 ‘‘(e) REQUIREMENT TO MAKE AVAILABLE FOR OBLI14 GATION.—(1) Any amount of budget authority proposed

15 to be rescinded in a special message transmitted to Con16 gress under subsection (b) shall be made available for obli17 gation on the day after the date on which either House

18 rejects the bill transmitted with that special message.

19 ‘‘(2) Any targeted tax benefit proposed to be repealed

20 under this section as set forth in a special message trans21 mitted to Congress under subsection (b) shall be deemed

22 repealed unless, during the period described in that sub23 section, either House rejects the bill transmitted with that

24 special message.

25 ‘‘(f) DEFINITIONS.—For purposes of this section—
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1 ‘‘(1) the term ‘appropriation Act’ means any

2 general or special appropriation Act, and any Act or

3 joint resolution making supplemental, deficiency, or

4 continuing appropriations;

5 ‘‘(2) the term ‘legislative day’ means, with re6 spect to either House of Congress, any day of ses7 sion; and

8 ‘‘(3) the term ‘‘targeted tax benefit’’ means any

9 provision which has the practical effect of providing

10 a benefit in the form of a different treatment to a

11 particular taxpayer or a limited class of taxpayers,

12 whether or not such provision is limited by its terms

13 to a particular taxpayer or a class of taxpayers.

14 Such term does not include any benefit provided to

15 a class of taxpayers distinguished on the basis of

16 general demographic conditions such as income,

17 number of dependents, or marital status.’’.

18 (b) 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 ‘‘and 1017’’

22 and inserting ‘‘1012, and 1017’’; and

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

24 1017’’ and inserting ‘‘sections 1012 and 1017’’.

25 (c) CONFORMING AMENDMENTS.—
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1 (1) Section 1011 of the Congressional Budget

2 Act of 1974 (2 U.S.C. 682(5)) is amended by re3 pealing paragraphs (3) and (5) and by redesignating

4 paragraph (4) as paragraph (3).

5 (2) Section 1014 of such Act (2 U.S.C. 685) is

6 amended—

7 (A) in subsection (b)(1), by striking ‘‘or

8 the reservation’’; and

9 (B) in subsection (e)(1), by striking ‘‘or a

10 reservation’’ and by striking ‘‘or each such res11 ervation’’.

12 (3) Section 1015(a) of such Act (2 U.S.C. 686)

13 is amended by striking ‘‘is to establish a reserve or’’,

14 by striking ‘‘the establishment of such a reserve or’’,

15 and by striking ‘‘reserve or’’ each other place it ap16 pears.

17 (4) Section 1017 of such Act (2 U.S.C. 687) is

18 amended—

19 (A) in subsection (a), by striking ‘‘rescis20 sion bill introduced with respect to a special

21 message or’’;

22 (B) in subsection (b)(1), by striking ‘‘re23 scission bill or’’, by striking ‘‘bill or’’ the second

24 place it appears, by striking ‘‘rescission bill with
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1 respect to the same special message or’’, and by

2 striking ‘‘, and the case may be,’’;

3 (C) in subsection (b)(2), by striking ‘‘bill

4 or’’ each place it appears;

5 (D) in subsection (c), by striking ‘‘rescis6 sion’’ each place it appears and by striking ‘‘bill

7 or’’ each place it appears;

8 (E) in subsection (d)(1), by striking ‘‘re9 scission bill or’’ and by striking ‘‘, and all

10 amendments thereto (in the case of a rescission

11 bill)’’;

12 (F) in subsection (d)(2)—

13 (i) by striking the first sentence;

14 (ii) by amending the second sentence

15 to read as follows: ‘‘Debate on any debat16 able motion or appeal in connection with

17 an impoundment resolution shall be limited

18 to 1 hour, to be equally divided between,

19 and controlled by, the mover and the man20 ager of the resolution, except that in the

21 event that the manager of the resolution is

22 in favor of any such motion or appeal, the

23 time in opposition thereto shall be con24 trolled by the minority leader or his des25 ignee.’’;
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1 (iii) by striking the third sentence;

2 and

3 (iv) in the fourth sentence, by striking

4 ‘‘rescission bill or’’ and by striking

5 ‘‘amendment, debatable motion,’’ and by

6 inserting ‘‘debatable motion’’;

7 (G) in paragraph (d)(3), by striking the

8 second and third sentences; and

9 (H) by striking paragraphs (4), (5), (6),

10 and (7) of paragraph (d).

11 (d) CLERICAL AMENDMENTS.—The item relating to

12 section 1012 in the table of sections for subpart B of title

13 X of the Congressional Budget and Impoundment Control

14 Act of 1974 is amended to read as follows:

‘‘Sec. 1012. Expedited consideration of certain proposed rescissions and targeted

tax benefits.’’.

Passed the House of Representatives July 14, 1994.

Attest: DONNALD K. ANDERSON,

Clerk.