II 

109TH CONGRESS 

2D SESSION S. 4036 

To establish procedures for the expedited consideration by Congress of certain 

proposals by the President to rescind amounts of budget authority and 

reinstate pay-as-you-go. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 29, 2006 

Mr. CARPER (for himself, Ms. SNOWE, Mr. BAYH, Ms. COLLINS, Mr. 

SALAZAR, and Mr. CHAFEE) introduced the following bill; which was read 

twice and referred to the Committee on the Budget 

A BILL 

To establish procedures for the expedited consideration by 

Congress of certain proposals by the President to rescind 

amounts of budget authority and reinstate pay-as-yougo. 

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 ‘‘Budget Enforcement 

5 Legislative Tools Act of 2006’’. 


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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 DISCRE12 TIONARY BUDGET AUTHORITY.—In addition to the meth13 od of rescinding discretionary budget authority specified 

14 in section 1012, the President may propose, at the time 

15 and in the manner provided in subsection (b), the rescis16 sion of any discretionary budget authority provided in an 

17 appropriations Act. Funds made available for obligation 

18 under this procedure may not be proposed for rescission 

19 again under this section or section 1012. 

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

21 ‘‘(1) Not later than 3 days after the date of en22 actment of an appropriations Act subject to rescis23 sion under this section, the President may transmit 

24 to Congress a special message proposing to rescind 

25 amounts of discretionary budget authority provided 

26 in that Act and include with that special message a 


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1 draft bill or joint resolution that, if enacted, would 

2 only rescind that discretionary budget authority. 

3 ‘‘(2) In the case of an Act that includes ac4 counts within the jurisdiction of more than one sub5 committee of the Committee on Appropriations, the 

6 President in proposing to rescind discretionary 

7 budget authority under this section shall send a sep8 arate special message and accompanying draft bill or 

9 joint resolution for accounts within the jurisdiction 

10 of each such subcommittee. 

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

12 respect to the discretionary budget authority pro13 posed to be rescinded, the matters referred to in 

14 paragraphs (1) through (5) of section 1012(a). 

15 ‘‘(c) LIMITATION ON AMOUNTS SUBJECT TO RESCIS16 SION.— 

17 ‘‘(1) The amount of discretionary budget au18 thority which the President may propose to rescind 

19 in a special message under this section for a par20 ticular program, project, or activity for a fiscal year 

21 may not exceed 25 percent of the amount appro22 priated for that program, project, or activity in that 

23 Act. 


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

2 shall only apply to a program, project, or activity 

3 that is authorized by law. 

4 ‘‘(d) PROCEDURES FOR EXPEDITED CONSIDER5 ATION.— 

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

7 continuous session of the applicable House after the 

8 date of receipt of a special message transmitted to 

9 Congress under subsection (b), the majority leader 

10 or minority leader of the House of Congress in 

11 which the Act involved originated shall introduce (by 

12 request) the draft bill or joint resolution accom13 panying that special message. If the bill or joint res14 olution is not introduced as provided in the pre15 ceding sentence, then, on the third day of continuous 

16 session of that House after the date of receipt of 

17 that special message, any Member of that House 

18 may introduce the bill or joint resolution. 

19 ‘‘(B) The bill or joint resolution shall be re20 ferred to the Committee on Appropriations of that 

21 House. The committee shall report the bill or joint 

22 resolution without substantive revision and with or 

23 without recommendation. The bill or joint resolution 

24 shall be reported not later than the seventh day of 

25 continuous session of that House after the date of 


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1 receipt of that special message. If the Committee on 

2 Appropriations fails to report the bill or joint resolu3 tion within that period, that committee shall be 

4 automatically discharged from consideration of the 

5 bill or joint resolution, and the bill or joint resolu6 tion shall be placed on the appropriate calendar. 

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

8 resolution shall be taken in that House on or before 

9 the close of the 10th calendar day of continuous ses10 sion of that House after the date of the introduction 

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

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

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

14 joint resolution agreed to in the House of Represent15 atives) or the Secretary of the Senate (in the case 

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

17 shall cause the bill or joint resolution to be en18 grossed, certified, and transmitted to the other 

19 House of Congress on the same calendar day on 

20 which the bill or joint resolution is agreed to. 

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

22 the House of Representatives or the Senate pursu23 ant to paragraph (1)(C) shall be referred to the 

24 Committee on Appropriations of that House. The 

25 committee shall report the bill or joint resolution 


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1 without substantive revision and with or without rec2 ommendation. The bill or joint resolution shall be re3 ported not later than the seventh day of continuous 

4 session of that House after it receives the bill or 

5 joint resolution. A committee failing to report the 

6 bill or joint resolution within such period shall be 

7 automatically discharged from consideration of the 

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

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

11 resolution transmitted to that House shall be taken 

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

13 continuous session of that House after the date on 

14 which the bill or joint resolution is transmitted. If 

15 the bill or joint resolution is agreed to in that 

16 House, the Clerk of the House of Representatives 

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

18 the House of Representatives) or the Secretary of 

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

20 agreed to in the Senate) shall cause the engrossed 

21 bill or joint resolution to be returned to the House 

22 in which the bill or joint resolution originated. 

23 ‘‘(3)(A) A motion in the House of Representa24 tives to proceed to the consideration of a bill or joint 

25 resolution under this section shall be highly priviVerDate Aug 31 2005 23:49 Oct 04, 2006 Jkt 059196 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S4036.IS S4036

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1 leged and not debatable. An amendment to the mo2 tion 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 House of Representatives 

6 on a bill or joint resolution under this section shall 

7 not exceed 4 hours, which shall be divided equally 

8 between those favoring and those opposing the bill 

9 or joint resolution. A motion further to limit debate 

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

11 move to recommit a bill or joint resolution under 

12 this section or to move to reconsider the vote by 

13 which the bill or joint resolution is agreed to or dis14 agreed to. 

15 ‘‘(C) Appeals from decisions of the Chair relat16 ing to the application of the Rules of the House of 

17 Representatives to the procedure relating to a bill or 

18 joint resolution under this section shall be decided 

19 without debate. 

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

21 in the preceding provisions of this subsection, con22 sideration of a bill or joint resolution under this sec23 tion shall be governed by the Rules of the House of 

24 Representatives. 


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

2 the consideration of a bill or joint resolution under 

3 this section shall be privileged and not debatable. An 

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

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

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

7 ‘‘(B) Debate in the Senate on a bill or joint res8 olution under this section, and all debatable motions 

9 and appeals in connection therewith, shall not exceed 

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

11 and controlled by, the majority leader and the mi12 nority leader or their designees. 

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

14 motion or appeal in connection with a bill or joint 

15 resolution under this section shall be limited to not 

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

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

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

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

20 any such motion or appeal, the time in opposition 

21 thereto, shall be controlled by the minority leader or 

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

23 from time under their control on the passage of a 

24 bill or joint resolution, allot additional time to any 


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1 Senator during the consideration of any debatable 

2 motion or appeal. 

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

4 debate on a bill or joint resolution under this section 

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

6 resolution under this section is not in order. 

7 ‘‘(e) AMENDMENTS PROHIBITED.—No amendment to 

8 a bill or joint resolution considered under this section shall 

9 be in order in either the House of Representatives or the 

10 Senate. No motion to suspend the application of this sub11 section shall be in order in either House, nor shall it be 

12 in order in either House to suspend the application of this 

13 subsection by unanimous consent. 

14 ‘‘(f) REQUIREMENT TO MAKE AVAILABLE FOR OBLI15 GATION.—Any amount of discretionary budget authority 

16 proposed to be rescinded in a special message transmitted 

17 to Congress under subsection (b) shall be made available 

18 for obligation on the day after the date on which either 

19 House defeats the bill or joint resolution transmitted with 

20 that special message. 

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

22 ‘‘(1) continuity of a session of either House of 

23 Congress shall be considered as broken only by an 

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

25 which that House is not in session because of an adVerDate Aug 31 2005 23:49 Oct 04, 2006 Jkt 059196 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S4036.IS S4036

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1 journment of more than 3 days to a date certain 

2 shall be excluded in the computation of any period; 

3 and 

4 ‘‘(2) the term ‘discretionary budget authority’ 

5 means the dollar amount of discretionary budget au6 thority and obligation limitations— 

7 ‘‘(A) specified in an appropriation law, or 

8 the dollar amount of budget authority required 

9 to be allocated by a specific proviso in an ap10 propriation law for which a specific dollar figure 

11 was not included; 

12 ‘‘(B) represented separately in any table, 

13 chart, or explanatory text included in the state14 ment of managers or the governing committee 

15 report accompanying such law; 

16 ‘‘(C) required to be allocated for a specific 

17 program, project, or activity in a law (other 

18 than an appropriation law) that mandates obli19 gations from or within accounts, programs, 

20 projects, or activities for which budget authority 

21 or an obligation limitation is provided in an ap22 propriation law; 

23 ‘‘(D) represented by the product of the es24 timated procurement cost and the total quantity 

25 of items specified in an appropriation law or inVerDate Aug 31 2005 23:49 Oct 04, 2006 Jkt 059196 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S4036.IS S4036

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1 cluded in the statement of managers or the gov2 erning committee report accompanying such 

3 law; or 

4 ‘‘(E) represented by the product of the es5 timated procurement cost and the total quantity 

6 of items required to be provided in a law (other 

7 than an appropriation law) that mandates obli8 gations from accounts, programs, projects, or 

9 activities for which dollar amount of discre10 tionary budget authority or an obligation limita11 tion is provided in an appropriation law.’’. 

12 (b) EXERCISE OF RULEMAKING POWERS.—Section 

13 904 of such Act (2 U.S.C. 621 note) is amended— 

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

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

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

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

18 (c) CONFORMING AMENDMENTS.— 

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

20 is amended— 

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

22 and inserting ‘‘1014’’; and 

23 (B) in paragraph (5)— 

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

25 ‘‘1017’’; and 


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1 (ii) by striking ‘‘1017(b)(1)’’ and in2 serting ‘‘1018(b)(1)’’. 

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

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

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

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

7 1014’’; 

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

9 ‘‘1012’’ and inserting ‘‘1012 or 1013’’; 

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

11 ‘‘1013’’ and inserting ‘‘1014’’; and 

12 (D) in subsection (e)(2)— 

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

14 subparagraph (A); 

15 (ii) by redesignating subparagraph 

16 (B) as subparagraph (C); 

17 (iii) by striking ‘‘1013’’ in subpara18 graph (C) (as so redesignated) and insert19 ing ‘‘1014’’; and 

20 (iv) by inserting after subparagraph 

21 (A) the following new subparagraph: 

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

23 under section 1013 with respect to a proposed 

24 rescission; and’’. 


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

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

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

4 inserting ‘‘1012, 1013, or 1014’’. 

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

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

7 (1) by redesignating the items relating to sec8 tions 1013 through 1017 as items relating to sec9 tions 1014 through 1018; and 

10 (2) by inserting after the item relating to sec11 tion 1012 the following new item: 

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

12 (e) APPLICATION.—Section 1013 of the Congres13 sional Budget and Impoundment Control Act of 1974 (as 

14 added by subsection (c)) shall apply to amounts of discre15 tionary budget authority provided by appropriation Acts 

16 (as defined in subsection (g)(2) of such section) that are 

17 enacted after the date of the enactment of this Act. 

18 SEC. 3. PAY-AS-YOU-GO. 

19 (a) POINT OF ORDER.— 

20 (1) IN GENERAL.—It shall not be in order in 

21 the Senate to consider any direct spending or rev22 enue legislation that would increase the on-budget 

23 deficit or cause an on-budget deficit for any 1 of the 

24 3 applicable time periods as measured in paragraphs 

25 (5) and (6). 


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1 (2) APPLICABLE TIME PERIODS.—For purposes 

2 of this subsection, the term ‘‘applicable time period’’ 

3 means any 1 of the 3 following periods: 

4 (A) The first year covered by the most re5 cently adopted concurrent resolution on the 

6 budget. 

7 (B) The period of the first 5 fiscal years 

8 covered by the most recently adopted concur9 rent resolution on the budget. 

10 (C) The period of the 5 fiscal years fol11 lowing the first 5 fiscal years covered in the 

12 most recently adopted concurrent resolution on 

13 the budget. 

14 (3) DIRECT-SPENDING LEGISLATION.—For pur15 poses of this subsection and except as provided in 

16 paragraph (4), the term ‘‘direct-spending legisla17 tion’’ means any bill, joint resolution, amendment, 

18 motion, or conference report that affects direct 

19 spending as that term is defined by, and interpreted 

20 for purposes of, the Balanced Budget and Emer21 gency Deficit Control Act of 1985. 

22 (4) EXCLUSION.—For purposes of this sub23 section, the terms ‘‘direct-spending legislation’’ and 

24 ‘‘revenue legislation’’ do not include— 


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1 (A) any concurrent resolution on the budg2 et; or 

3 (B) any provision of legislation that affects 

4 the full funding of, and continuation of, the de5 posit insurance guarantee commitment in effect 

6 on the date of enactment of the Budget En7 forcement Act of 1990. 

8 (5) BASELINE.—Estimates prepared pursuant 

9 to this section shall— 

10 (A) use the baseline surplus or deficit used 

11 for the most recently adopted concurrent resolu12 tion on the budget; and 

13 (B) be calculated under the requirements 

14 of subsections (b) through (d) of section 257 of 

15 the Balanced Budget and Emergency Deficit 

16 Control Act of 1985 for fiscal years beyond 

17 those covered by that concurrent resolution on 

18 the budget. 

19 (6) PRIOR SURPLUS.—If direct spending or rev20 enue legislation increases the on-budget deficit or 

21 causes an on-budget deficit when taken individually, 

22 it must also increase the on-budget deficit or cause 

23 an on-budget deficit when taken together with all di24 rect spending and revenue legislation enacted since 

25 the beginning of the calendar year not accounted for 


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1 in the baseline under paragraph (5)(A), except that 

2 direct spending or revenue effects resulting in net 

3 deficit reduction enacted pursuant to reconciliation 

4 instructions since the beginning of that same cal5 endar year shall not be available. 

6 (b) WAIVER.—This section may be waived or suspended in the Senate only by the affirmative vote of 3 7 ⁄5

8 of the Members, duly chosen and sworn. 

9 (c) APPEALS.—Appeals in the Senate from the deci10 sions of the Chair relating to any provision of this section 

11 shall be limited to 1 hour, to be equally divided between, 

12 and controlled by, the appellant and the manager of the 

13 bill or joint resolution, as the case may be. An affirmative 

vote of 3 14 ⁄5 of the Members of the Senate, duly chosen and 

15 sworn, shall be required to sustain an appeal of the ruling 

16 of the Chair on a point of order raised under this section. 

17 (d) DETERMINATION OF BUDGET LEVELS.—For 

18 purposes of this section, the levels of budget authority, 

19 outlays, and revenues for a fiscal year shall be determined 

20 on the basis of estimates made by the Committee on the 

21 Budget of the Senate. 

22 (e) SUNSET.—This section shall expire on September 

23 30, 2011. 

24 (f) BALANCED BUDGET ACT AMENDMENTS.— 


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1 (1) ENFORCEMENT.—Section 252 of the Bal2 anced Budget and Emergency Deficit Control Act of 

3 1985 is amended— 

4 (A) in subsection (a), by striking ‘‘enacted 

5 before October 1, 2002’’; and 

6 (B) in subsection (b), by striking ‘‘enacted 

7 before October 1, 2002,’’. 

8 (2) EXPIRATION.—Section 275(b) of the Bal9 anced Budget and Emergency Deficit Control Act of 

10 1985 is amended to read as follows: 

11 ‘‘(b) PAY-GO.—Section 252 of this Act and any pro12 cedure with respect to such section in this Act shall be 

13 effective beginning on the date of enactment of this sub14 section and shall expire September 30, 2011.’’. 

15 SEC. 4. TERMINATION. 

16 The authority provided by section 1013 of the Con17 gressional Budget and Impoundment Control Act of 1974 

18 (as added by section 2) shall terminate effective on the 

19 date in 2010 on which the Congress adjourns sine die. 

Æ 


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