Calendar No. 27

104TH CONGRESS

1ST SESSION S. 14

[Report No. 104–14][Report No. 104–10]

A BILL

To amend the Congressional Budget and Impoundcellations of budget items. pedited consideration of certain proposed can- ment Control Act of 1974 to provide for the exMARCH 7 (legislative day, MARCH 6), 1995

Reported with an amendment, without recommendation
II

Calendar No. 27

104TH CONGRESS

1ST SESSION S. 14

[Report No. 104–10]

[Report No. 104–14]

To amend the Congressional Budget and Impoundment Control Act of 1974

to provide for the expedited consideration of certain proposed cancellations of budget items.

IN THE SENATE OF THE UNITED STATES

JANUARY 4, 1995

Mr. DOMENICI (for himself, Mr. EXON, Mr. CRAIG, Mr. BRADLEY, Mr.

COHEN, Mr. DOLE, Mr. DASCHLE, and Mr. CAMPBELL) introduced the

following bill; which was 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

FEBRUARY 27 (legislative day, FEBRUARY 22), 1995

Reported by Mr. DOMENICI, with an amendment, without recommendation

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

Referred to the Committee on Governmental Affairs for not to exceed thirty

days

MARCH 7 (legislative day, MARCH 6), 1995

Reported by Mr. ROTH, with an amendment, without recommendation

[Insert the part printed in bold italic]

A BILL

To amend the Congressional Budget and Impoundment Con-
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trol Act of 1974 to provide for the expedited consideration of certain proposed cancellations of budget items.

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 ‘‘Legislative Line Item

5 Veto Act’’.

6 SEC. 2. EXPEDITED CONSIDERATION OF CERTAIN PRO7 POSED RESCISSIONS AND REPEALS OF TAX

8 EXPENDITURES AND DIRECT SPENDING.

9 (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 adding after section 1012 the

12 following new section:

13 ‘‘EXPEDITED CONSIDERATION OF CERTAIN PROPOSED

14 RESCISSIONS AND REPEALS OF TAX EXPENDITURES

15 AND DIRECT SPENDING

16 ‘‘SEC. 1012A. (a) PROPOSED CANCELLATION OF

17 BUDGET ITEM.—The President may propose, at the time

18 and in the manner provided in subsection (b), the cancella19 tion of any budget item provided in any Act.

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

21 ‘‘(1)(A) Subject to the time limitations provided

22 in subparagraph (B), the President may transmit to

23 Congress a special message proposing to cancel

24 budget items and include with that special message
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1 a draft bill that, if enacted, would only cancel those

2 budget items as provided in this section. The bill

3 shall clearly identify each budget item that is pro4 posed to be canceled including, where applicable,

5 each program, project, or activity to which the budg6 et item relates. The bill shall specify the amount, if

7 any, of each budget item that the President des8 ignates for deficit reduction as provided in para9 graph (4).

10 ‘‘(B) A special message may be transmitted

11 under this section—

12 ‘‘(i) during the 20-calendar-day period (ex13 cluding Saturdays, Sundays, and legal holidays)

14 commencing on the day after the date of enact15 ment of the provision proposed to be rescinded

16 or repealed; or

17 ‘‘(ii) at the same time as the President’s

18 budget.

19 ‘‘(2) In the case of an Act that includes budget

20 items within the jurisdiction of more than one com21 mittee of a House, the President in proposing to

22 cancel such budget item under this section shall

23 send a separate special message and accompanying

24 draft bill for each such committee.
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1 ‘‘(3) Each special message shall specify, with

2 respect to the budget item proposed to be canceled—

3 ‘‘(A) the amount that the President pro4 poses be canceled;

5 ‘‘(B) any account, department, or estab6 lishment of the Government to which such

7 budget item is available for obligation, and the

8 specific project or governmental functions in9 volved;

10 ‘‘(C) the reasons why the budget item

11 should be canceled;

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

13 the estimated fiscal, economic, and budgetary

14 effect (including the effect on outlays and re15 ceipts in each fiscal year) of the proposed can16 cellation; and

17 ‘‘(E) all facts, circumstances, and consider18 ations relating to or bearing upon the proposed

19 cancellation and the decision to effect the pro20 posed cancellation, and to the maximum extent

21 practicable, the estimated effect of the proposed

22 cancellation upon the objects, purposes, and

23 programs for which the budget item is provided.

24 ‘‘(4)(A) Not later than 5 days after the date of

25 enactment of a bill containing an amount designated
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1 by the President for deficit reduction under para2 graph (1), the President shall—

3 ‘‘(i) with respect to a rescission bill, reduce

4 the discretionary spending limits under section

5 601 of the Congressional Budget Act of 1974

6 for the budget year and each outyear to reflect

7 such amount; and

8 ‘‘(ii) with respect to a repeal of a tax ex9 penditure or direct spending, adjust the bal10 ances for the budget year and each outyear

11 under section 252(b) of the Balanced Budget

12 and Emergency Deficit Control Act of 1985 to

13 reflect such amount.

14 ‘‘(B) Not later than 5 days after the date of en15 actment of a bill containing an amount designated

16 by the President for deficit reduction under para17 graph (1), the chairs of the Committees on the

18 Budget of the Senate and the House of Representa19 tives shall revise levels under section 311(a) and ad20 just the committee allocations under section 602(a)

21 to reflect such amount.

22 ‘‘(c) PROCEDURES FOR EXPEDITED CONSIDER23 ATION.—

24 ‘‘(1)(A) Before the close of the second day of

25 session of the Senate and the House of Representa-
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1 tives, respectively, after the date of receipt of a spe2 cial message transmitted to Congress under sub3 section (b), the majority leader or minority leader of

4 each House shall introduce (by request) the draft

5 bill accompanying that special message. If the bill is

6 not introduced as provided in the preceding sentence

7 in either House, then, on the third day of session of

8 that House after the date of receipt of that special

9 message, any Member of that House may introduce

10 the bill.

11 ‘‘(B) The bill shall be referred to the appro12 priate committee or (in the House of Representa13 tives) committees. The committee shall report the

14 bill without substantive revision and with or without

15 recommendation. The committee shall report the bill

16 not later than the seventh day of session of that

17 House after the date of receipt of that special mes18 sage. If the committee fails to report the bill within

19 that period, the committee shall be automatically

20 discharged from consideration of the bill, and the

21 bill shall be placed on the appropriate calendar.

22 ‘‘(C) A vote on final passage of the bill shall be

23 taken in the Senate and the House of Representa24 tives on or before the close of the 10th day of ses25 sion of that House after the date of the introduction
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1 of the bill in that House. If the bill is passed, the

2 Clerk of the Senate or the House of Representatives,

3 as the case may be, shall cause the bill to be en4 grossed, certified, and transmitted to the other

5 House within one calendar day of the day on which

6 the bill is passed.

7 ‘‘(2)(A) During consideration under this sub8 section in the House of Representatives, any Mem9 ber of the House of Representatives may move to

10 strike any proposed cancellation of a budget item if

11 supported by 49 other Members.

12 ‘‘(B) A motion in the House of Representatives

13 to proceed to the consideration of a bill under this

14 subsection shall be highly privileged and not debat15 able. An amendment to the motion shall not be in

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

17 the vote by which the motion is agreed to or dis18 agreed to.

19 ‘‘(C) Debate in the House of Representatives on

20 a bill under this subsection shall not exceed 4 hours,

21 which shall be divided equally between those favoring

22 and those opposing the bill. A motion further to

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

24 in order to move to recommit a bill under this sub-
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1 section or to move to reconsider the vote by which

2 the bill is agreed to or disagreed to.

3 ‘‘(D) Appeals from decisions of the Chair relat4 ing to the application of the Rules of the House of

5 Representatives to the procedure relating to a bill

6 under this section shall be decided without debate.

7 ‘‘(E) Except to the extent specifically provided

8 in this section, consideration of a bill under this sec9 tion shall be governed by the Rules of the House of

10 Representatives. It shall not be in order in the

11 House of Representatives to consider any rescission

12 bill introduced pursuant to the provisions of this sec13 tion under a suspension of the rules or under a spe14 cial rule.

15 ‘‘(3)(A) During consideration of a bill under

16 this subsection in the Senate, any Member of the

17 Senate may move to strike any proposed cancellation

18 of a budget item if supported by 11 other Members.

19 ‘‘(B) It shall not be in order to move to recon20 sider the vote by which the motion is agreed to or

21 disagreed to.

22 ‘‘(C) Debate in the Senate on a bill under this

23 subsection, and all debatable motions and appeals in

24 connection therewith (including debate pursuant to

25 subparagraph (D)), shall not exceed 10 hours. The
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1 time shall be equally divided between, and controlled

2 by, the majority leader and the minority leader or

3 their designees.

4 ‘‘(D) Debate in the Senate on any debatable

5 motion or appeal in connection with a bill under this

6 subsection shall be limited to not more than 1 hour,

7 to be equally divided between, and controlled by, the

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

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

10 such motion or appeal, the time in opposition there11 to, shall be controlled by the minority leader or his

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

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

14 allot additional time to any Senator during the con15 sideration of any debatable motion or appeal.

16 ‘‘(E) A motion in the Senate to further limit

17 debate on a bill under this subsection is not debat18 able. A motion to recommit a bill under this sub19 section is not in order.

20 ‘‘(F) If the Senate proceeds to consider a bill

21 introduced in the House of Representatives under

22 paragraph (1)(A), then any Senator may offer as an

23 amendment the text of the companion bill introduced

24 in the Senate under paragraph (1)(A) as amended

25 if amended (under subparagraph (A)). Debate in the
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1 Senate on such bill introduced in the House of Rep2 resentatives, and all debatable motions and appeals

3 in connection therewith (including debate pursuant

4 to subparagraph (D)), and any amendment offered

5 under this subparagraph, shall not exceed 10 hours

6 minus such times (if any) as Senators consumed or

7 yielded back during consideration of the companion

8 bill introduced in the Senate under paragraph

9 (1)(A).

10 ‘‘(4) Debate in the House of Representatives or

11 the Senate on the conference report on any bill con12 sidered under this section shall be limited to not

13 more than 2 hours, which shall be divided equally

14 between the majority leader and the minority leader.

15 A motion further to limit debate is not debatable. A

16 motion to recommit the conference report is not in

17 order, and it is not in order to move to reconsider

18 the vote by which the conference report is agreed to

19 or disagreed to.

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

21 Except as otherwise provided by this section, no amend22 ment to a bill considered under this section shall be in

23 order in either the Senate or the House of Representa24 tives. It shall not be in order to demand a division of the

25 question in the House of Representatives (or in a Commit-
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1 tee of the Whole). No motion to suspend the application

2 of this subsection shall be in order in the House of Rep3 resentatives, nor shall it be in order in the House of Rep4 resentatives to suspend the application of this subsection

5 by unanimous consent.

6 ‘‘(e) REQUIREMENT TO MAKE AVAILABLE FOR OBLI7 GATION.—Any budget item proposed to be canceled in a

8 special message transmitted to Congress under subsection

9 (b) shall not be made available for obligation or take effect

10 until the day after the date on which either House rejects

11 the bill transmitted with that special message.

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

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

14 general or special appropriation Act, and any Act or

15 joint resolution making supplemental, deficiency, or

16 continuing appropriations;

17 ‘‘(2) the term ‘direct spending’ shall have the

18 same meaning given such term in section 250(c)(8)

19 of the Balanced Budget and Emergency Deficit Con20 trol Act of 1985;

21 ‘‘(3) the term ‘budget item’ means—

22 ‘‘(A) an amount, in whole or in part, of

23 budget authority provided in an appropriation

24 Act;

25 ‘‘(B) an amount of direct spending; or
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1 ‘‘(C) a targeted tax benefit;

2 ‘‘(4) the term ‘cancellation of a budget item’

3 means—

4 ‘‘(A) the rescission of any budget authority

5 provided in an appropriation Act;

6 ‘‘(B) the repeal of any amount of direct

7 spending; or

8 ‘‘(C) the repeal of any targeted tax benefit;

9 and

10 ‘‘(5) the term ‘targeted tax benefit’ means any

11 provision which has the practical effect of providing

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

13 particular taxpayer or a limited class of taxpayers,

14 whether or not such provision is limited by its terms

15 to a particular taxpayer or a class of taxpayers.

16 Such term does not include any benefit provided to

17 a class of taxpayers distinguished on the basis of

18 general demographic conditions such as income,

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

20 (b) EXERCISE OF RULEMAKING POWERS.—Section

21 904 of the Congressional Budget Act of 1974 (2 U.S.C.

22 621 note) is amended—

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

24 and inserting ‘‘1012A, and 1017’’; and
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1 (2) in subsection (d), by striking ‘‘section

2 1017’’ and inserting ‘‘sections 1012A and 1017’’.

3 (c) CLERICAL AMENDMENTS.—The table of sections

4 for subpart B of title X of the Congressional Budget and

5 Impoundment Control Act of 1974 is amended by insert6 ing after the item relating to section 1012 the following:

‘‘Sec. 1012A. Expedited consideration of certain proposed rescissions and repeals of tax expenditures and direct spending.’’.

7 (d) EFFECTIVE PERIOD.—The amendments made by

8 this Act shall—

9 (1) take effect on the date of enactment of this

10 Act;

11 (2) apply only to budget items provided in Acts

12 enacted on or after the date of enactment of this

13 Act; and

14 (3) cease to be effective on September 30,

15 1998.

16 SECTION 1. SHORT TITLE.

17 This Act may be cited as the ‘‘Legislative Line Item

18 Veto Act’’.

19 SEC. 2. EXPEDITED CONSIDERATION OF CERTAIN PRO20 POSED RESCISSIONS OF BUDGET AUTHORITY.

21 (a) IN GENERAL.—Title X of the Congressional Budget

22 and Impoundment Control Act of 1974 (2 U.S.C. 621 et

23 seq.) is amended by adding after section 1012 the following

24 new section:
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1 ‘‘EXPEDITED CONSIDERATION OF CERTAIN PROPOSED

2 RESCISSIONS OF BUDGET AUTHORITY

3 ‘‘SEC. 1012A. (a) PROPOSED RESCISSIONS.—The

4 President may propose, at the time and in the manner pro5 vided in subsection (b), the rescission of any budget author6 ity provided in an appropriations Act. Except as otherwise

7 provided in this section, budget authority proposed for re8 scission under this section may not be proposed for rescis9 sion again under this title.

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

11 ‘‘(1) SPECIAL MESSAGE.—

12 ‘‘(A) IN GENERAL.—Subject to the time lim13 itations provided in subparagraph (B), the

14 President may transmit to Congress a special

15 message proposing to rescind budget authority

16 contained in an appropriations Act. Except as

17 provided in subparagraph (B)(ii)(II), only one

18 special message shall be transmitted under this

19 section for any single Act and that message shall

20 propose to rescind budget authority contained in

21 that single Act.

22 ‘‘(B) TIME LIMITATIONS.—A special mes23 sage may be transmitted under this section—

24 ‘‘(i) during the 20-calendar-day period

25 (excluding Saturdays, Sundays, and legal
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1 holidays) commencing on the day after the

2 date of enactment of the provision proposed

3 to be rescinded; or

4 ‘‘(ii) on the first day of a session of

5 Congress—

6 ‘‘(I) for rescissions contained in

7 an Act enacted after the adjournment

8 of the Congress to end the preceding

9 session; or

10 ‘‘(II) for rescissions in an Act en11 acted prior to an adjournment of Con12 gress to end the preceding session, if a

13 special message had been transmitted

14 under clause (i) but Congress ad15 journed prior to the expiration of the

16 10 days of session under subsection

17 (c)(1)(C).

18 ‘‘(2) DRAFT BILL.—The President shall include

19 with each special message transmitted under para20 graph (1) a draft bill that, if enacted, would rescind

21 budget authority proposed to be rescinded in that spe22 cial message. The draft bill shall clearly identify the

23 budget authority that is proposed to be rescinded in24 cluding, where applicable, each program, project, or

25 activity to which the rescission relates.
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1 ‘‘(3) CONTENTS OF SPECIAL MESSAGE.—Each

2 special message shall specify, with respect to the budg3 et authority proposed to be rescinded—

4 ‘‘(A) the amount of budget authority that

5 the President proposes be rescinded;

6 ‘‘(B) any account, department, or establish7 ment of the Government to which such budget

8 authority is available for obligation, and the spe9 cific project or governmental functions involved;

10 ‘‘(C) the reasons why the budget authority

11 should be rescinded;

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

13 the estimated fiscal, economic, and budgetary ef14 fect (including the effect on outlays and receipts

15 in each fiscal year) of the proposed rescission;

16 and

17 ‘‘(E) all facts, circumstances, and consider18 ations relating to or bearing upon the proposed

19 rescission and the decision to effect the proposed

20 rescission, and to the maximum extent prac21 ticable, the estimated effect of the proposed rescis22 sion upon the objects, purposes, and programs

23 for which the budget authority is provided.

24 ‘‘(4) DEFICIT REDUCTION.—
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1 ‘‘(A) DISCRETIONARY SPENDING LIMITS.—

2 Not later than 5 days after the date of enactment

3 of a bill containing rescissions of budget author4 ity as provided under this section, the President

5 shall reduce the discretionary spending limits

6 under section 601 of the Congressional Budget

7 Act of 1974 for the budget year and any outyear

8 affected by the rescission bill to reflect the rescis9 sion.

10 ‘‘(B) ADJUSTMENT OF COMMITTEE ALLOCA11 TIONS.—Not later than 5 days after the date of

12 enactment of a rescission bill as provided under

13 this section, the chairs of the Committees on the

14 Budget of the Senate and the House of Rep15 resentatives shall revise levels under section

16 311(a) and adjust the committee allocations

17 under section 302(a) or 602(a) to reflect the re18 scission, and the appropriate committees shall

19 report revised allocations pursuant to section

20 302(b) or 602(b).

21 ‘‘(c) PROCEDURES FOR EXPEDITED CONSIDER22 ATION.—

23 ‘‘(1) IN GENERAL.—

24 ‘‘(A) INTRODUCTION.—Before the close of

25 the second day of session of the Senate and the
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1 House of Representatives, respectively, after the

2 date of receipt of a special message transmitted

3 to Congress under subsection (b), the majority

4 leader or minority leader of each House shall in5 troduce (by request) the draft bill accompanying

6 that special message. If the bill is not introduced

7 as provided in the preceding sentence in either

8 House, then, on the third day of session of that

9 House after the date of receipt of that special

10 message, any Member of that House may intro11 duce the bill.

12 ‘‘(B) REFERRAL AND REPORTING.—The bill

13 shall be referred to the appropriate committee.

14 The committee shall report the bill without sub15 stantive revision and with or without rec16 ommendation. The committee shall report the bill

17 not later than the fifth day of session of that

18 House after the date of introduction of the bill in

19 that House. If the committee fails to report the

20 bill within that period, the committee shall be

21 automatically discharged from consideration of

22 the bill, and the bill shall be placed on the ap23 propriate calendar.

24 ‘‘(C) FINAL PASSAGE.—A vote on final pas25 sage of the bill shall be taken in the Senate and
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1 the House of Representatives on or before the

2 close of the 10th day of session of that House

3 after the date of the introduction of the bill in

4 that House. If the bill is passed, the Secretary of

5 the Senate or the Clerk of the House of Rep6 resentatives, as the case may be, shall cause the

7 bill to be transmitted to the other House on the

8 next day of session of that House.

9 ‘‘(2) CONSIDERATION IN THE HOUSE OF REP10 RESENTATIVES.—

11 ‘‘(A) MOTION TO PROCEED TO CONSIDER12 ATION.—A motion in the House of Representa13 tives to proceed to the consideration of a bill

14 under this subsection shall be highly privileged

15 and not debatable. An amendment to the motion

16 shall not be in order, nor shall it be in order to

17 move to reconsider the vote by which the motion

18 is agreed to or disagreed to.

19 ‘‘(B) MOTION TO STRIKE.—During consid20 eration under this subsection in the House of

21 Representatives, any Member of the House of

22 Representatives may move to strike any proposed

23 rescission if supported by 49 other Members.

24 ‘‘(C) LIMITS ON DEBATE.—Debate in the

25 House of Representatives on a bill under this
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1 subsection shall not exceed 4 hours, which shall

2 be divided equally between those favoring and

3 those opposing the bill. A motion further to limit

4 debate shall not be debatable. It shall not be in

5 order to move to recommit a bill under this sub6 section or to move to reconsider the vote by

7 which the bill is agreed to or disagreed to.

8 ‘‘(D) APPEALS.—Appeals from decisions of

9 the Chair relating to the application of the Rules

10 of the House of Representatives to the procedure

11 relating to a bill under this section shall be de12 cided without debate.

13 ‘‘(E) APPLICATION OF HOUSE RULES.—Ex14 cept to the extent specifically provided in this

15 section, consideration of a bill under this section

16 shall be governed by the Rules of the House of

17 Representatives. It shall not be in order in the

18 House of Representatives to consider any bill in19 troduced pursuant to the provisions of this sec20 tion under a suspension of the rules or under a

21 special rule.

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

23 ‘‘(A) MOTION TO PROCEED TO CONSIDER24 ATION.—A motion to proceed to the consider25 ation of a bill under this subsection in the Sen-
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1 ate shall not be debatable. It shall not be in order

2 to move to reconsider the vote by which the mo3 tion to proceed is agreed to or disagreed to.

4 ‘‘(B) MOTION TO STRIKE.—During consid5 eration of a bill under this subsection, any Sen6 ator may move to strike any proposed rescission

7 if supported by 11 other Members.

8 ‘‘(C) LIMITS ON DEBATE.—Debate in the

9 Senate on a bill under this subsection, and all

10 debatable motions and appeals in connection

11 therewith (including debate pursuant to subpara12 graph (D)), shall not exceed 10 hours, equally di13 vided and controlled in the usual form.

14 ‘‘(D) APPEALS.—Debate in the Senate on

15 any debatable motion or appeal in connection

16 with a bill under this subsection shall be limited

17 to not more than 1 hour, to be equally divided

18 and controlled in the usual form.

19 ‘‘(E) MOTION TO LIMIT DEBATE.—A motion

20 in the Senate to further limit debate on a bill

21 under this subsection is not debatable.

22 ‘‘(F) MOTION TO RECOMMIT.—A motion to

23 recommit a bill under this subsection is not in

24 order.
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1 ‘‘(G) CONSIDERATION OF THE HOUSE

2 BILL.—

3 ‘‘(i) IN GENERAL.—If the Senate has

4 received the House companion bill to the

5 bill introduced in the Senate prior to the

6 vote required under paragraph (1)(C), then

7 the Senate may consider, and the vote under

8 paragraph (1)(C) may occur on, the House

9 companion bill.

10 ‘‘(ii) PROCEDURE AFTER VOTE ON

11 SENATE BILL.—If the Senate votes, pursu12 ant to paragraph (1)(C), on the bill intro13 duced in the Senate, then immediately fol14 lowing that vote, or upon receipt of the

15 House companion bill, as the case may be—

16 ‘‘(I) if the House companion bill

17 is identical to the version of the Senate

18 bill on which the vote under paragraph

19 (1)(C) was taken, the House bill shall

20 be deemed to be considered, read the

21 third time, and the vote on passage of

22 the Senate bill shall be considered to be

23 the vote on the bill received from the

24 House; or
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1 ‘‘(II) if the House companion bill

2 is not identical to the Senate bill on

3 which the vote under paragraph (1)(C)

4 was taken, the Senate shall proceed to

5 the immediate consideration of the

6 House companion bill, the procedures

7 under this paragraph shall apply ex8 cept that a motion to strike all after

9 the enacting clause and insert the text

10 of the Senate bill shall be in order.

11 ‘‘(H) AMENDMENT BETWEEN HOUSES.—

12 Overall debate on all motions necessary to resolve

13 amendments between the Houses on a bill under

14 this section shall be limited to 2 hours at any

15 stage of the proceedings. Debate on any motion,

16 appeal, or point of order under this section

17 which is submitted shall be limited to 30 min18 utes, and such time shall be equally divided and

19 controlled in the usual form.

20 ‘‘(4) CONFERENCE.—

21 ‘‘(A) AUTHORITY OF CONFEREES.—

22 ‘‘(i) IN GENERAL.—Except as provided

23 in clause (ii), the conferees may only rec24 ommend that a House recede from a dis25 agreement to an amendment of the other
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1 House, or recede from its own amendment,

2 and that the other House concur in such ac3 tion.

4 ‘‘(ii) EXCEPTION.—If the second House

5 has stricken all after the enacting clause of

6 the first House, the amendment reported by

7 the conferees shall include each provision

8 that is included in the versions of both

9 Houses, and may include a provision in10 cluded by either House upon which the con11 ferees have agreed, and may not include

12 any other matter.

13 ‘‘(B) CONSIDERATION OF CONFERENCE RE14 PORTS.—Debate in the House of Representatives

15 or the Senate on the conference report and any

16 amendments in disagreement on any bill consid17 ered under this section shall be limited to not

18 more than 2 hours, equally divided and con19 trolled in the usual form. A motion further to

20 limit debate is not debatable. A motion to recom21 mit the conference report is not in order, and it

22 is not in order to move to reconsider the vote by

23 which the conference report is agreed to or dis24 agreed to.
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1 ‘‘(C) FAILURE OF CONFERENCE TO ACT.—If

2 the committee on conference on a bill considered

3 under this section fails to submit a conference re4 port within 5 calendar days after the conferees

5 have been appointed by each House, any Member

6 of either House may introduce a bill containing

7 only the text of the draft bill of the President on

8 the next day of session thereafter and the bill

9 shall be considered as provided in this section ex10 cept that the bill shall not be subject to any mo11 tion to strike.

12 ‘‘(d) AMENDMENTS AND DIVISIONS PROHIBITED.—Ex13 cept as otherwise provided by this section, no amendment

14 to a bill considered under this section shall be in order in

15 either the Senate or the House of Representatives. It shall

16 not be in order to demand a division of the question in

17 the House of Representatives (or in a Committee of the

18 Whole). No motion to suspend the application of this sub19 section shall be in order in the House of Representatives,

20 nor shall it be in order in the House of Representatives to

21 suspend the application of this subsection by unanimous

22 consent.

23 ‘‘(e) TEMPORARY PRESIDENTIAL AUTHORITY TO RE24 SCIND.—
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1 ‘‘(1) IN GENERAL.—At the same time as the

2 President transmits to Congress a special message

3 proposing to rescind budget authority, the President

4 may direct that any budget authority proposed to be

5 rescinded in that special message shall not be made

6 available for obligation for a period not to exceed 45

7 calendar days from the date the President transmits

8 the special message to Congress.

9 ‘‘(2) EARLY AVAILABILITY.—The President may

10 make any budget authority not made available for ob11 ligation pursuant to paragraph (1) available at a

12 time earlier than the time specified by the President

13 if the President determines that continuation of the

14 rescission would not further the purposes of this Act.

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

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

17 general or special appropriation Act, and any Act or

18 joint resolution making supplemental, deficiency, or

19 continuing appropriations;

20 ‘‘(2) the term ‘budget authority’ means an

21 amount, in whole or in part, of budget authority pro22 vided in an appropriation Act, except to fund direct

23 spending programs and budget authority pro24 vided for social security;
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1 ‘‘(3) the term ‘rescission of budget authority’

2 means the rescission in whole or in part of any budg3 et authority provided in an appropriation Act; and

4 ‘‘(4) the term ‘targeted tax benefit’ means any

5 provision of a revenue or reconciliation Act deter6 mined by the President to provide a Federal tax de7 duction, credit, exclusion, preference, or other conces8 sion to 100 or fewer beneficiaries. Any partnership,

9 limited partnership, trust, or S corporation, and any

10 subsidiary or affiliate of the same parent corporation,

11 shall be deemed and counted as a single beneficiary

12 regardless of the number of partners, limited partners,

13 beneficiaries, shareholders, or affiliated corporate en14 tities.

15 ‘‘(g) APPLICATION TO TARGETED TAX BENEFITS.—

16 The President may propose the repeal of any targeted tax

17 benefit in any bill that includes such a benefit, under the

18 same conditions, and subject to the same Congressional con19 sideration, as a proposal under this section to rescind budg20 et authority provided in an appropriations Act.’’.

21 (b) EXERCISE OF RULEMAKING POWERS.—Section

22 904 of the Congressional Budget Act of 1974 (2 U.S.C. 621

23 note) is amended—

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

25 and inserting ‘‘1012A, and 1017’’; and
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1 (2) in subsection (d), by striking ‘‘section 1017’’

2 and inserting ‘‘sections 1012A and 1017’’.

3 (c) CLERICAL AMENDMENTS.—The table of sections for

4 subpart B of title X of the Congressional Budget and Im5 poundment Control Act of 1974 is amended by inserting

6 after the item relating to section 1012 the following:

‘‘Sec. 1012A. Expedited consideration of certain proposed rescissions of budget authority.’’.

7 (d) EFFECTIVE PERIOD.—The amendments made by

8 this Act shall—

9 (1) take effect on the date of enactment of this

10 Act;

11 (2) apply only to budget authority provided in

12 Acts enacted on or after the date of enactment of this

13 Act; and

14 (3) cease to be effective on September 30, 2002.