II

103D CONGRESS

1ST SESSION H. R. 1578

IN THE SENATE OF THE UNITED STATES

MAY 4 (legislative day, APRIL 19), 1993

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 has 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. SHORT TITLE.

4 This Act may be cited as the ‘‘Expedited Rescissions

5 Act of 1993’’.
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1 SEC. 2. EXPEDITED CONSIDERATION OF CERTAIN PRO2 POSED RESCISSIONS.

3 (a) IN GENERAL.—Part B of title X of the Congres4 sional Budget and Impoundment Control Act of 1974 (2

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

6 1013 through 1017 as sections 1014 through 1018, re7 spectively, and inserting after section 1012 the following

8 new section:

9 ‘‘EXPEDITED CONSIDERATION OF CERTAIN PROPOSED

10 RESCISSIONS

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

12 AUTHORITY.—In addition to the method of rescinding

13 budget authority specified in section 1012, the President

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

15 subsection (b), the rescission of any budget authority pro16 vided in an appropriation Act. Funds made available for

17 obligation under this procedure may not be proposed for

18 rescission again under this section or section 1012.

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

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

21 date of enactment of an appropriation Act, the

22 President may transmit to Congress one special mes23 sage proposing to rescind amounts of budget author24 ity provided in that Act and include with that special

25 message a draft bill that, if enacted, would only re26 scind that budget authority. That bill shall clearly
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1 identify the amount of budget authority that is pro2 posed to be rescinded for each program, project, or

3 activity to which that budget authority relates.

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

5 includes accounts within the jurisdiction of more

6 than one subcommittee of the Committee on Appro7 priations, the President in proposing to rescind

8 budget authority under this section shall send a sep9 arate special message and accompanying draft bill

10 for accounts within the jurisdiction of each such sub11 committee.

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

13 respect to the budget authority proposed to be re14 scinded, the matters referred to in paragraphs (1)

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

16 ‘‘(c) PROCEDURES FOR EXPEDITED CONSIDER17 ATION.—

18 ‘‘(1)(A) Before the close of the second legisla19 tive day of the House of Representatives after the

20 date of receipt of a special message transmitted to

21 Congress under subsection (b), the majority leader

22 or minority leader of the House of Representatives

23 shall introduce (by request) the draft bill accom24 panying that special message. If the bill is not intro25 duced as provided in the preceding sentence, then,
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1 on the third legislative day of the House of Rep2 resentatives after the date of receipt of that special

3 message, any Member of that House may introduce

4 the bill.

5 ‘‘(B)(i) The bill shall be referred to the Com6 mittee on Appropriations of the House of Represent7 atives. The committee shall report the bill without

8 substantive revision, and with or without rec9 ommendation. The bill shall be reported not later

10 than the seventh legislative day of that House after

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

12 Committee on Appropriations fails to report the bill

13 within that period, that committee shall be auto14 matically discharged from consideration of the bill,

15 and the bill shall be placed on the appropriate cal16 endar.

17 ‘‘(ii) The Committee on Appropriations may re18 port to the House, within the 7-legislative-day period

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

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

21 appropriation Act as the bill for which it is an

22 alternative; and

23 ‘‘(II) which rescinds an aggregate amount

24 of budget authority equal to or greater than the
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1 aggregate amount of budget authority rescinded

2 in the bill for which it is an alternative.

3 ‘‘(C) A vote on final passage of the bill referred

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

5 House of Representatives on or before the close of

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

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

8 bill is passed, the Clerk of the House of Representa9 tives shall cause the bill to be engrossed, certified,

10 and transmitted to the Senate within one calendar

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

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

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

14 the House to proceed to consideration of the alter15 native bill reported from the Committee on Appro16 priations under subparagraph (B)(ii) shall be highly

17 privileged and not debatable.

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

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

20 House of Representatives on or before the close of

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

22 of the introduction of the bill in that House for

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

24 Clerk of the House of Representatives shall cause

25 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 ‘‘(3)(A) A bill transmitted to the Senate pursu23 ant to paragraph (1) (C) or (E) shall be referred to

24 its Committee on Appropriations. The committee

25 shall report the bill either without substantive revi-
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1 sion or with an amendment in the nature of a sub2 stitute, and with or without recommendation. The

3 bill shall be reported not later than the seventh leg4 islative day of the Senate after it receives the bill.

5 A committee failing to report the bill within such pe6 riod shall be automatically discharged from consider7 ation of the bill, and the bill shall be placed upon

8 the appropriate calendar.

9 ‘‘(B) A vote on final passage of a bill transmit10 ted to the Senate shall be taken on or before the

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

12 the date on which the bill is transmitted.

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

14 the consideration of a bill under this section shall be

15 privileged and not debatable. An amendment to the

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

17 to move to reconsider the vote by which the motion

18 is agreed to or disagreed to.

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

20 section, and all amendments thereto and all debat21 able motions and appeals in connection therewith,

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

23 divided between, and controlled by, the majority

24 leader and the minority leader or their designees.
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1 ‘‘(C) Debate in the Senate on any debatable

2 motion or appeal in connection with a bill under this

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

4 be equally divided between, and controlled by, the

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

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

7 such motion or appeal, the time in opposition there8 to, shall be controlled by the minority leader or his

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

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

11 allot additional time to any Senator during the con12 sideration of any debatable motion or appeal.

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

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

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

16 in order.

17 ‘‘(d) AMENDMENTS AND DIVISIONS GENERALLY

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

19 no amendment to a bill considered under this section or

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

21 shall be in order in either the House of Representatives

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

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

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

25 suspend the application of this subsection shall be in order
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1 in either House, nor shall it be in order in either House

2 to suspend the application of this subsection by unanimous

3 consent.

4 ‘‘(2)(A) It shall be in order in the Senate to consider

5 an amendment in the nature of a substitute reported by

6 the Committee on Appropriations under subsection

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

8 ‘‘(B) It shall only be in order in the Senate to con9 sider any amendment described in subparagraph (A) if—

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

11 the same appropriation Act as the bill that it is

12 amending contained; and

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

14 rescinded equals or exceeds the aggregate amount of

15 budget authority rescinded in the bill that it is

16 amending;

17 unless that amendment consists solely of the text of the

18 bill as introduced in the House of Representatives that

19 makes rescissions to carry out the applicable special mes20 sage of the President.

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

22 a bill or an amendment in the nature of a substitute re23 ported by the Committee on Appropriations under sub24 section (c)(3)(A) unless the Senate has voted upon and

25 rejected an amendment in the nature of a substitute con-
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1 sisting solely of the text of the bill as introduced in the

2 House of Representatives that makes rescissions to carry

3 out the applicable special message of the President.

4 ‘‘(e) REQUIREMENT TO MAKE AVAILABLE FOR OBLI5 GATION.—Any amount of budget authority proposed to be

6 rescinded in a special message transmitted to Congress

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

8 on the earlier of—

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

10 House of Representatives defeats the bill transmit11 ted with that special message rescinding the amount

12 proposed to be rescinded and (if reported by the

13 Committee on Appropriations) the alternative bill; or

14 ‘‘(2) the day after the date upon which the Sen15 ate rejects a bill or amendment in the nature of a

16 substitute consisting solely of the text of the bill as

17 introduced in the House of Representatives that

18 makes rescissions to carry out the applicable special

19 message of the President.

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

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

22 general or special appropriation Act, and any Act or

23 joint resolution making supplemental, deficiency, or

24 continuing appropriations; and
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1 ‘‘(2) the term ‘legislative day’ means, with re2 spect to either House of Congress, any calendar day

3 during which that House is in session.’’.

4 (b) EXERCISE OF RULEMAKING POWERS.—Section

5 904 of such Act (2 U.S.C. 621 note) is amended—

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

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

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

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

10 (c) CONFORMING AMENDMENTS.—

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

12 is amended—

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

14 and inserting ‘‘1014’’; and

15 (B) in paragraph (5)—

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

17 ‘‘1017’’; and

18 (ii) by striking ‘‘1017(b)(1)’’ and in19 serting ‘‘1018(b)(1)’’.

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

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

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

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

24 1014’’;
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1 (B) in subsection (b)(1), by striking

2 ‘‘1012’’ and inserting ‘‘1012 or 1013’’;

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

4 ‘‘1013’’ and inserting ‘‘1014’’; and

5 (D) in subsection (e)(2)—

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

7 subparagraph (A);

8 (ii) by redesignating subparagraph

9 (B) as subparagraph (C);

10 (iii) by striking ‘‘1013’’ in subpara11 graph (C) (as so redesignated) and insert12 ing ‘‘1014’’; and

13 (iv) by inserting after subparagraph

14 (A) the following new subparagraph:

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

16 under section 1013 with respect to a proposed

17 rescission; and’’.

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

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

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

21 inserting ‘‘1012, 1013, or 1014’’.

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

23 for subpart B of title X of such Act is amended—
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1 (1) by redesignating the items relating to sec2 tions 1013 through 1017 as items relating to sec3 tions 1014 through 1018; and

4 (2) by inserting after the item relating to sec5 tion 1012 the following new item:

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

6 SEC. 3. APPLICATION.

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

8 Budget and Impoundment Control Act of 1974 (as added

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

10 provided by appropriation Acts (as defined in subsection

11 (f) of such section) that are enacted during the One Hun12 dred Third Congress.

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

14 days after the beginning of the One Hundred Fourth Con15 gress, the President may retransmit a special message, in

16 the manner provided in section 1013(b) of the Congres17 sional Budget and Impoundment Control Act of 1974 (as

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

19 amounts of budget authority that were contained in any

20 special message to the One Hundred Third Congress

21 which that Congress failed to consider because of its sine

22 die adjournment before the close of the time period set

23 forth in such section 1013 for consideration of those pro24 posed rescissions. A draft bill shall accompany that special

25 message that, if enacted, would only rescind that budget
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1 authority. Before the close of the second legislative day

2 of the House of Representatives after the date of receipt

3 of that special message, the majority leader or minority

4 leader of the House of Representaitves shall introduce (by

5 request) the draft bill accompanying that special message.

6 If the bill is not introduced as provided in the preceding

7 sentence, then, on the third legislative day of the House

8 of Representatives after the date of receipt of that special

9 message, any Member of that House may introduce the

10 bill. The House of Representatives and the Senate shall

11 proceed to consider that bill in the manner provided in

12 such section 1013.

13 SEC. 4. TERMINATION.

14 The authority provided by section 1013 of the Con15 gressional Budget and Impoundment Control Act of 1974

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

17 date of enactment of this Act.

18 SEC. 5. JUDICIAL REVIEW.

19 (a) EXPEDITED REVIEW.—

20 (1) Any Member of Congress may bring an ac21 tion, in the United States District Court for the Dis22 trict of Columbia, for declaratory judgment and in23 junctive relief on the ground that any provision of

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

25 Constitution.
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1 (2) A copy of any complaint in an action

2 brought under paragraph (1) shall be promptly de3 livered to the Secretary of the Senate and the Clerk

4 of the House of Representatives, and each House of

5 Congress shall have the right to intervene in such

6 action.

7 (3) Any action brought under paragraph (1)

8 shall be heard and determined by a three-judge

9 court in accordance with section 2284 of title 28,

10 United States Code.

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

12 upon the right of the House of Representatives to inter13 vene in an action brought under paragraph (1) without

14 the necessity of adopting a resolution to authorize such

15 intervention.

16 (b) APPEAL TO SUPREME COURT.—Notwithstanding

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

18 District Court for the District of Columbia which is issued

19 pursuant to an action brought under paragraph (1) of sub20 section (a) shall be reviewable by appeal directly to the

21 Supreme Court of the United States. Any such appeal

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

23 after such order is entered; and the jurisdictional state24 ment shall be filed within 30 days after such order is en25 tered. No stay of an order issued pursuant to an action
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1 brought under paragraph (1) of subsection (a) shall be

2 issued by a single Justice of the Supreme Court.

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

4 duty of the District Court for the District of Columbia

5 and the Supreme Court of the United States to advance

6 on the docket and to expedite to the greatest possible ex7 tent the disposition of any matter brought under sub8 section (a).

Passed the House of Representatives April 29, 1993.

Attest: DONNALD K. ANDERSON,

Clerk.

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