II

103D CONGRESS

1ST SESSION S. 224

To amend the Congressional Budget and Impoundment Control Act of 1974

to grant the President enhanced authority to rescind amounts of budget

authority.

IN THE SENATE OF THE UNITED STATES

JANUARY 27 (legislative day, JANUARY 5), 1993

Mr. EXON 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

A BILL

To amend the Congressional Budget and Impoundment Control Act of 1974 to grant the President enhanced authority 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 ‘‘Enhanced 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 appropriations 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 days after the date of en21 actment of an appropriation Act, the President may

22 transmit to Congress one or more special messages

23 proposing to rescind all or any part of any item of

24 budget authority provided in that Act and include

25 with each special message a draft bill or joint resolu26 tion that, if enacted, would rescind each item of
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1 budget authority (or part thereof) proposed to be re2 scinded.

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

4 respect to the budget authority proposed to be re5 scinded, the matters referred to in paragraphs (1)

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

7 ‘‘(c) PROCEDURES FOR EXPEDITED CONSIDER8 ATION.—

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

10 continuous session of the applicable House after the

11 date of receipt of a special message transmitted to

12 Congress under subsection (b), the majority leader

13 or minority leader of the House of Congress in

14 which the appropriation Act involved originated shall

15 introduce (by request) the draft bill or joint resolu16 tion accompanying that special message. If the bill

17 or joint resolution is not introduced as provided in

18 the preceding sentence, then, on the third day of

19 continuous session of that House after the date of

20 receipt of that special message, any Member of that

21 House may introduce the bill or joint resolution.

22 ‘‘(B) The bill or joint resolution shall be re23 ferred to the Committee on Appropriations of that

24 House. The committee shall report the bill or joint

25 resolution without substantive revision and with or
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1 without recommendation. The bill or joint resolution

2 shall be reported not later than the seventh day of

3 continuous session of that House after the date of

4 receipt of that special message. If the Committee on

5 Appropriations fails to report the bill or joint resolu6 tion within that period, that committee shall be

7 automatically discharged from consideration of the

8 bill or joint resolution, and the bill or joint resolu9 tion shall be placed on the appropriate calendar.

10 ‘‘(C) A vote on final passage of the bill or joint

11 resolution shall be taken in that House on or before

12 the close of the 10th calendar day of continuous ses13 sion of that House after the date of the introduction

14 of the bill or joint resolution in that House. If the

15 bill or joint resolution is agreed to, the Clerk of the

16 House of Representatives (in the case of a bill or

17 joint resolution agreed to in the House of Represent18 atives) or the Secretary of the Senate (in the case

19 of a bill or joint resolution agreed to in the Senate)

20 shall cause the bill or joint resolution to be en21 grossed, certified, and transmitted to the other

22 House of Congress on the same calendar day on

23 which the bill or joint resolution is agreed to.

24 ‘‘(2)(A) A bill or joint resolution transmitted to

25 the House of Representatives or the Senate pursu-
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1 ant to paragraph (1)(C) shall be referred to the

2 Committee on Appropriations of that House. The

3 committee shall report the bill or joint resolution

4 without substantive revision and with or without rec5 ommendation. The bill or joint resolution shall be re6 ported not later than the seventh day of continuous

7 session of that House after it receives the bill or

8 joint resolution. A committee failing to report the

9 bill or joint resolution within such period shall be

10 automatically discharged from consideration of the

11 bill or joint resolution, and the bill or joint resolu12 tion shall be placed upon the appropriate calendar.

13 ‘‘(B) A vote on final passage of a bill or joint

14 resolution transmitted to that House shall be taken

15 on or before the close of the 10th calendar day of

16 continuous session of that House after the date on

17 which the bill or joint resolution is transmitted. If

18 the bill or joint resolution is agreed to in that

19 House, the Clerk of the House of Representatives

20 (in the case of a bill or joint resolution agreed to in

21 the House of Representatives) or the Secretary of

22 the Senate (in the case of a bill or joint resolution

23 agreed to in the Senate) shall cause the engrossed

24 bill or joint resolution to be returned to the House

25 in which the bill or joint resolution originated.
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1 ‘‘(3)(A) A motion in the House of Representa2 tives to proceed to the consideration of a bill or joint

3 resolution under this section shall be highly privi4 leged and not debatable. An amendment to the mo5 tion shall not be in order, nor shall it be in order

6 to move to reconsider the vote by which the motion

7 is agreed to or disagreed to.

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

9 on a bill or joint resolution under this section shall

10 not exceed 4 hours, which shall be divided equally

11 between those favoring and those opposing the bill

12 or joint resolution. A motion further to limit debate

13 shall not be debatable. It shall not be in order to

14 move to recommit a bill or joint resolution under

15 this section or to move to reconsider the vote by

16 which the bill or joint resolution is agreed to or dis17 agreed 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 or

21 joint resolution under this section shall be decided

22 without debate.

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

24 in the preceding provisions of this subsection, con25 sideration of a bill or joint resolution under this sec-
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1 tion shall be governed by the Rules of the House of

2 Representatives.

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

4 the consideration of a bill or joint resolution under

5 this section shall be privileged and not debatable. An

6 amendment to the motion shall not be in order, nor

7 shall it be in order to move to reconsider the vote

8 by which the motion is agreed to or disagreed to.

9 ‘‘(B) Debate in the Senate on a bill or joint res10 olution under this section, and all debatable motions

11 and appeals in connection therewith, shall not exceed

12 10 hours. The time shall be equally divided between,

13 and controlled by, the majority leader and the mi14 nority leader or their designees.

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

16 motion or appeal in connection with a bill or joint

17 resolution under this section shall be limited to not

18 more than 1 hour, to be equally divided between,

19 and controlled by, the mover and the manager of the

20 bill or joint resolution, except that in the event the

21 manager of the bill or joint resolution is in favor of

22 any such motion or appeal, the time in opposition

23 thereto, shall be controlled by the minority leader or

24 his designee. Such leaders, or either of them, may,

25 from time under their control on the passage of a
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1 bill or joint resolution, allot additional time to any

2 Senator during the consideration of any debatable

3 motion or appeal.

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

5 debate on a bill or joint resolution under this section

6 is not debatable. A motion to recommit a bill or joint

7 resolution under this section is not in order.

8 ‘‘(d) AMENDMENTS PROHIBITED.—No amendment

9 to a bill or joint resolution considered under this section

10 shall be in order in either the House of Representatives

11 or the Senate. No motion to suspend the application of

12 this subsection shall be in order in either House, nor shall

13 it be in order in either House to suspend the application

14 of this subsection by unanimous consent.

15 ‘‘(e) REQUIREMENT TO MAKE AVAILABLE FOR OBLI16 GATION.—Any amount of budget authority proposed to be

17 rescinded in a special message transmitted to Congress

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

19 on the day after the date on which either House defeats

20 the bill or joint resolution transmitted with that special

21 message.

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

23 ‘‘(1) The term ‘appropriation Act’ means any

24 general or special appropriation Act, and any Act or
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1 joint resolution making supplemental, deficiency, or

2 continuing appropriations.

3 ‘‘(2) The continuity of a session of the Congress

4 shall be considered as broken only by an adjourn5 ment of the Congress sine die, and the days on

6 which either House is not in session because of an

7 adjournment of more than 3 days to a day certain

8 shall be excluded in the computation of the periods

9 of continuous session referred to in subsection (c) of

10 this section. If a special message is transmitted

11 under this section during any Congress and the last

12 session of the Congress adjourns sine die before the

13 expiration of 10 calendar days of continuous session

14 (or a special message is transmitted after the last

15 session of the Congress adjourns sine die), the mes16 sage shall be deemed to have been transmitted on

17 the first day of the succeeding Congress and the pe18 riods of continuous session referred to in subsection

19 (c) of this section shall commence on the day after

20 such first day.’’.

21 (b) EXERCISE OF RULEMAKING POWERS.—Section

22 904 of such Act (2 U.S.C. 621 note) is amended—

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

24 and inserting ‘‘1013, and 1018’’; and
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1 (2) by striking ‘‘section 1017’’ in subsection (d)

2 and inserting ‘‘sections 1013 and 1018’’.

3 (c) CONFORMING AMENDMENTS.—

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

5 is amended—

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

7 and inserting ‘‘1014’’; and

8 (B) in paragraph (5)—

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

10 ‘‘1017’’; and

11 (ii) by striking ‘‘1017(b)(1)’’ and in12 serting ‘‘1018(b)(1)’’.

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

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

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

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

17 1014’’;

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

19 ‘‘1012’’ and inserting ‘‘1012 or 1013’’;

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

21 ‘‘1013’’ and inserting ‘‘1014’’; and

22 (D) in subsection (e)(2)—

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

24 subparagraph (A);
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1 (ii) by redesignating subparagraph

2 (B) as subparagraph (C);

3 (iii) by striking ‘‘1013’’ in subpara4 graph (C) (as so redesignated) and insert5 ing ‘‘1014’’; and

6 (iv) by inserting after subparagraph

7 (A) the following new subparagraph:

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

9 under section 1013 with respect to a proposed

10 rescission; and’’.

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

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

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

14 inserting ‘‘1012, 1013, or 1014’’.

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

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

17 (1) by redesignating the items relating to sec18 tions 1013 through 1017 as items relating to sec19 tions 1014 through 1018; and

20 (2) by inserting after the item relating to sec21 tion 1012 the following new item:

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

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