I

103D CONGRESS

1ST SESSION H. R. 1013

To amend the Congressional Budget Control and Impoundment Act of 1974

to establish procedures for the expedited consideration by the Congress

of certain proposals by the President to rescind amounts of budget

authority.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 18, 1993

Mr. STENHOLM (for himself, Mr. JOHNSON of South Dakota, Mr. PAYNE of

Virginia, Mr. GLICKMAN, Mr. PENNY, Mr. ARMEY, Mr. ANDREWS of

Texas, Mr. BACCHUS of Florida, Mr. BAESLER, Mr. BALLENGER, Mr.

BEREUTER, Mr. BILBRAY, Mr. BOEHLERT, Mr. BROWDER, Mr. BRYANT,

Mr. BURTON of Indiana, Mr. BUYER, Mr. CARDIN, Mr. CLEMENT, Mr.

CLINGER, Mr. CONDIT, Mr. COPPERSMITH, Mr. CRAMER, Mr. DIAZBALART, Mr. DORNAN, Mr. EDWARDS of Texas, Mr. FINGERHUT, Mr.

PETE GEREN of Texas, Mr. GIBBONS, Mr. GILCHREST, Mr. GOSS, Mr.

HALL of Texas, Mr. HAMILTON, Ms. HARMAN, Mr. HAYES, Mr. HERGER,

Mr. HOBSON, Mr. HUGHES, Mr. INSLEE, Mrs. JOHNSON of Connecticut,

Mr. KLINK, Mr. KLUG, Mr. LAROCCO, Mr. LANCASTER, Mr. LAUGHLIN,

Mr. LEHMAN, Mr. MANN, Mr. MAZZOLI, Mrs. MEYERS of Kansas, Mr.

MINGE, Mr. MONTGOMERY, Mrs. MORELLA, Mr. NEAL of North Carolina, Mr. OXLEY, Mr. PARKER, Mr. PETERSON of Florida, Mr. PETERSON of Minnesota, Mr. PETRI, Mr. POMBO, Mr. POSHARD, Mr. RAMSTAD,

Mr. ROEMER, Mr. ROHRABACHER, Mr. ROWLAND, Mr. SHAYS, Mr.

SKELTON, Mr. SLATTERY, Mr. SMITH of Texas, Mr. SPRATT, Mr.

SWETT, Mr. TANNER, Mr. TAUZIN, Mr. TAYLOR of Mississippi, Mr.

UPTON, Mr. VOLKMER, Mr. WELDON, Mr. WILSON, Mr. WOLF, Mr.

WYDEN, and Mr. ZELIFF) introduced the following bill; which was referred jointly to the Committees on Government Operations and Rules

A BILL

To amend the Congressional Budget Control and Impoundment Act of 1974 to establish procedures for the expe-
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dited consideration by the Congress of certain proposals

by the President to rescind amounts 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 Consider5 ation of Proposed Rescissions Act of 1993’’.

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

10 U.S.C. 681 et seq.) is amended by redesignating sections

11 1013 through 1017 as sections 1014 through 1018, re12 spectively, and inserting after section 1012 the following

13 new section:

14 ‘‘EXPEDITED CONSIDERATION OF CERTAIN PROPOSED

15 RESCISSIONS

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

17 AUTHORITY.—In addition to the method of rescinding

18 budget authority specified in section 1012, the President

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

20 subsection (b), the rescission of any budget authority pro21 vided in an appropriations Act. Funds made available for

22 obligation under this procedure may not be proposed for

23 rescission again under this section or section 1012.

24 ‘‘(b) TRANSMITTAL OF SPECIAL MESSAGE.—
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1 ‘‘(1) Not later than 3 days after the date of en2 actment of an appropriation Act, the President may

3 transmit to Congress a special message proposing to

4 rescind amounts of budget authority provided in

5 that Act and include with that special message a

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

7 budget authority. That bill shall clearly identify the

8 amount of budget authority that is proposed to be

9 rescinded for each program, project, or activity to

10 which that budget authority relates.

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

12 includes accounts within the jurisdiction of more

13 than one subcommittee of the Committee on Appro14 priations, the President in proposing to rescind

15 budget authority under this section shall send a sep16 arate special message and accompanying draft bill

17 for accounts within the jurisdiction of each such sub18 committee.

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

20 respect to the budget authority proposed to be re21 scinded, the matters referred to in paragraphs (1)

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

23 ‘‘(c) LIMITATION ON AMOUNTS SUBJECT TO RESCIS24 SION.—
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1 ‘‘(1) The amount of budget authority which the

2 President may propose to rescind in a special mes3 sage under this section for a particular program,

4 project, or activity for a fiscal year may not exceed

5 25 percent of the amount appropriated for that pro6 gram, project, or activity in that Act.

7 ‘‘(2) The limitation contained in paragraph (1)

8 shall only apply to amounts specifically authorized to

9 be appropriated for a particular program, project, or

10 activity.

11 ‘‘(d) PROCEDURES FOR EXPEDITED CONSIDER12 ATION.—

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

14 continuous session of the applicable House after the

15 date of receipt of a special message transmitted to

16 Congress under subsection (b), the majority leader

17 or minority leader of the House of Representatives

18 shall introduce (by request) the draft bill accom19 panying that special message. If the bill is not intro20 duced as provided in the preceding sentence, then,

21 on the third day of continuous session of the House

22 of Representatives after the date of receipt of that

23 special message, any Member of that House may in24 troduce the bill.
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1 ‘‘(B) The bill shall be referred to the Commit2 tee on Appropriations of the House of Representa3 tives. The committee shall report the bill without

4 substantive revision and with or without rec5 ommendation. The bill shall be reported not later

6 than the seventh day of continuous session of that

7 House after the date of receipt of that special mes8 sage. If the Committee on Appropriations fails to re9 port the bill within that period, that committee shall

10 be automatically discharged from consideration of

11 the bill, and the bill shall be placed on the appro12 priate calendar.

13 ‘‘(C) During consideration under this para14 graph, any Member of the House of Representatives

15 may move to strike any proposed rescission or re16 scissions of budget authority if supported by 49

17 other Members.

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

19 taken in the House of Representatives on or before

20 the close of the 10th calendar day of continuous ses21 sion of that House after the date of the introduction

22 of the bill in that House. If the bill is passed, the

23 Clerk of the House of Representatives shall cause

24 the bill to be engrossed, certified, and transmitted to
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1 the Senate within one calendar day of the day on

2 which the bill is passed.

3 ‘‘(2)(A) A motion in the House of Representa4 tives to proceed to the consideration of a bill under

5 this section shall be highly privileged and not debat6 able. An amendment to the motion shall not be in

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

8 the vote by which the motion is agreed to or dis9 agreed to.

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

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

12 which shall be divided equally between those favoring

13 and those opposing the bill. A motion further to

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

15 in order to move to recommit a bill under this sec16 tion or to move to reconsider the vote by which the

17 bill is agreed to or disagreed to.

18 ‘‘(C) Appeals from decisions of the Chair relat19 ing to the application of the Rules of the House of

20 Representatives to the procedure relating to a bill

21 under this section shall be decided without debate.

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

23 in the preceding provisions of this subsection, con24 sideration of a bill under this section shall be gov25 erned by the Rules of the House of Representatives.
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1 ‘‘(3)(A) A bill transmitted to the Senate pursu2 ant to paragraph (1)(C) shall be referred to its Com3 mittee on Appropriations. The committee shall re4 port the bill without substantive revision and with or

5 without recommendation. The bill shall be reported

6 not later than the seventh day of continuous session

7 of the Senate after it receives the bill. A committee

8 failing to report the bill within such period shall be

9 automatically discharged from consideration of the

10 bill, and the bill shall be placed upon the appropriate

11 calendar.

12 ‘‘(B) During consideration under this para13 graph, any Member of the Senate may move to

14 strike any proposed rescission or rescissions of budg15 et authority if supported by 14 other Members.

16 ‘‘(C) A vote on final passage of a bill transmit17 ted to the Senate shall be taken on or before the

18 close of the 10th calendar day of continuous session

19 of the Senate after the date on which the bill is

20 transmitted. If the bill is passed in the Senate with21 out amendment, the Secretary of the Senate shall

22 cause the engrossed bill to be returned to the House

23 of Representatives.

24 ‘‘(D) If the bill is amended in the Senate solely

25 as provided by subparagraph (B), the Secretary of
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1 the Senate shall cause an engrossed amendment (in

2 the nature of a substitute) to be returned to the

3 House of Representatives. Upon receipt of that

4 amendment from the Senate, the House shall be

5 deemed to have agreed to the Senate amendment

6 and the Clerk of the House of Representatives shall

7 enroll the bill.

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

9 the consideration of a bill under this section shall be

10 privileged and not debatable. An amendment to the

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

12 to move to reconsider the vote by which the motion

13 is agreed to or disagreed to.

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

15 section, and all debatable motions and appeals in

16 connection therewith, shall not exceed 10 hours. The

17 time shall be equally divided between, and controlled

18 by, the majority leader and the minority leader or

19 their designees.

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

21 motion or appeal in connection with a bill under this

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

23 be equally divided between, and controlled by, the

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

25 the event the manager of the bill is in favor of any
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1 such motion or appeal, the time in opposition there2 to, shall be controlled by the minority leader or his

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

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

5 allot additional time to any Senator during the con6 sideration of any debatable motion or appeal.

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

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

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

10 in order.

11 ‘‘(e) AMENDMENTS AND DIVISIONS PROHIBITED.—

12 Except as provided by paragraph (1)(C) or (3)(B) of sub13 section (d), no amendment to a bill considered under this

14 section shall be in order in either the House of Represent15 atives or the Senate. It shall not be in order to demand

16 a division of the question in the House of Representatives

17 (or in a Committee of the Whole) or in the Senate. No

18 motion to suspend the application of this subsection shall

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

20 either House to suspend the application of this subsection

21 by unanimous consent.

22 ‘‘(f) REQUIREMENT TO MAKE AVAILABLE FOR OBLI23 GATION.—Any amount of budget authority proposed to be

24 rescinded in a special message transmitted to Congress

25 under subsection (b) shall be made available for obligation
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1 on the day after the date on which either House defeats

2 the bill transmitted with that special message.

3 ‘‘(g) DEFINITIONS.—For purposes of this section—

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

5 general or special appropriation Act, and any Act or

6 joint resolution making supplemental, deficiency, or

7 continuing appropriations; and

8 ‘‘(2) continuity of a session of either House of

9 Congress shall be considered as broken only by an

10 adjournment of that House sine die, and the days on

11 which that House is not in session because of an ad12 journment of more than 3 days to a date certain

13 shall be excluded in the computation of any period.’’.

14 (b) EXERCISE OF RULEMAKING POWERS.—Section

15 904 of such Act (2 U.S.C. 621 note) is amended—

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

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

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

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

20 (c) CONFORMING AMENDMENTS.—

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

22 is amended—

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

24 and inserting ‘‘1014’’; and

25 (B) in paragraph (5)—
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1 (i) by striking ‘‘1016’’ and inserting

2 ‘‘1017’’; and

3 (ii) by striking ‘‘1017(b)(1)’’ and in4 serting ‘‘1018(b)(1)’’.

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

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

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

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

9 1014’’;

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

11 ‘‘1012’’ and inserting ‘‘1012 or 1013’’;

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

13 ‘‘1013’’ and inserting ‘‘1014’’; and

14 (D) in subsection (e)(2)—

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

16 subparagraph (A);

17 (ii) by redesignating subparagraph

18 (B) as subparagraph (C);

19 (iii) by striking ‘‘1013’’ in subpara20 graph (C) (as so redesignated) and insert21 ing ‘‘1014’’; and

22 (iv) by inserting after subparagraph

23 (A) the following new subparagraph:
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1 ‘‘(B) he has transmitted a special message

2 under section 1013 with respect to a proposed

3 rescission; and’’.

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

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

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

7 inserting ‘‘1012, 1013, or 1014’’.

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

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

10 (1) by redesignating the items relating to sec11 tions 1013 through 1017 as items relating to sec12 tions 1014 through 1018; and

13 (2) by inserting after the item relating to sec14 tion 1012 the following new item:

‘‘Sec. 1013. Expedited consideration of certain proposed rescissions.’’.

15 SEC. 3. APPLICATION.

16 Section 1013 of the Congressional Budget and Im17 poundment Control Act of 1974 (as added by section 2)

18 shall apply to amounts of budget authority provided by

19 appropriation Acts (as defined in subsection (g) of such

20 section) that are enacted during the One Hundred Third

21 Congress.

22 SEC. 4. TERMINATION.

23 The authority provided by section 1013 of the Con24 gressional Budget and Impoundment Control Act of 1974
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1 (as added by section 2) shall terminate effective on the

2 date in 1994 on which Congress adjourns sine die.

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