I 
116TH CONGRESS 
1ST SESSION H. R. 5220 
To amend the Congressional Budget and Impoundment Control Act of 1974 
to provide for a legislative line-item veto to expedite consideration of 
rescissions, and cancellations of items of new direct spending and limited 
tax benefits. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 21, 2019 
Mr. NORMAN (for himself, Mr. BIGGS, Mr. PERRY, Mr. KEVIN HERN of Okla-
homa, and Mr. JOHNSON of Ohio) introduced the following bill; which 
was referred to the Committee on the Budget, and in addition to the 
Committee on Rules, for a period to be subsequently determined by the 
Speaker, in each case for consideration of such provisions as fall within 
the jurisdiction of the committee concerned 
A BILL 
To amend the Congressional Budget and Impoundment Con-
trol Act of 1974 to provide for a legislative line-item 
veto to expedite consideration of rescissions, and can-
cellations of items of new direct spending and limited 
tax benefits. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as ‘‘A Fast-Tracked Executive 
Rescission Review (AFTER) of Appropriations Act of 
2019’’. 
SEC. 2. CONGRESSIONAL CONSIDERATION OF PROPOSED 
RESCISSIONS AND DEFERRALS OF BUDGET 
AUTHORITY AND OBLIGATION LIMITATIONS. 
Title X of the Congressional Budget and Impound-
ment Control Act of 1974 (2 U.S.C. 621 et seq.) is amend-
ed by striking all of part B (except for sections 1015, 
1016, and 1013, which are transferred and redesignated 
as sections 1017, 1018, and 1019, respectively) and part 
C and by inserting after part A the following: 
‘‘PART B—CONGRESSIONAL CONSIDERATION
OF PRO-
POSED RESCISSIONS AND DEFERRALS OF BUDGET 
AUTHORITY AND OBLIGATION LIMITATIONS 
‘‘CONGRESSIONAL CONSIDERATION OF PROPOSED RESCIS-
SIONS AND DEFERRALS OF BUDGET AUTHORITY AND 
OBLIGATION LIMITATIONS 
‘‘SEC. 1011. (a) PROPOSED RESCISSIONS.—Within 
10 days after the enactment of any bill or joint resolution 
providing any funding, the President may propose, in the 
manner provided in subsection (b), the rescission of all or 
part of any dollar amount of such funding or the cancella-
tion of any item of new direct spending or any limited 
tax benefit. 
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‘‘(i) the dollar amount to be re-
scinded, item of new direct spending, or 
limited tax benefit to be canceled; 
‘‘(ii) the agency, bureau, and account 
from which the rescission shall occur; 
‘‘(iii) the program, project, or activity 
within the account (if applicable) from 
which the rescission shall occur; 
‘‘(iv) the amount of funding, if any, 
that would remain for the account, pro-
gram, project, or activity if the rescission 
request is enacted; and 
‘‘(v) the reasons the President re-
quests the rescission or the cancellation; 
and 
‘‘(B) designate each separate rescission re-
quest by number; and include proposed legisla-
tive text of an approval bill to accomplish the 
requested rescissions which may not include— 
‘‘(i) any changes in existing law, other 
than the rescission of funding; or 
‘‘(ii) any supplemental appropriations, 
transfers, or reprogrammings. 
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‘‘GRANTS OF AND LIMITATIONS ON PRESIDENTIAL 
AUTHORITY 
‘‘SEC. 1012. (a) PRESIDENTIAL AUTHORITY TO 
WITHHOLD FUNDING.—Notwithstanding any other provi-
sion of law and if the President proposes a rescission of 
funding under this part, the President may, subject to the 
time limits provided in subsection (c), temporarily with-
hold that funding from obligation. 
‘‘(b) WITHHOLDING AVAILABLE ONLY ONCE PER 
PROPOSED RESCISSION.—Except as provided in section 
1019, the President may not invoke the authority to with-
hold funding granted by subsection (a) for any other pur-
pose. 
‘‘(c) TIME LIMITS.—The President shall make avail-
able for obligation any funding withheld under subsection 
(a) on the earliest of the 30th legislative day following— 
‘‘(1) the day on which the President determines 
that the continued withholding or reduction no 
longer advances the purpose of legislative consider-
ation of the approval bill; 
‘‘(2) the 30th day following the date of enact-
ment of the appropriations measure to which the ap-
proval bill relates; or 
‘‘(3) the last day that the President determines 
the obligation of the funding in question can no 
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longer be fully accomplished in a prudent manner 
before its expiration. 
‘‘(d) DEFICIT REDUCTION.— 
‘‘(1) IN GENERAL.—Funds that are rescinded 
or canceled under this part shall be dedicated only 
to reducing the deficit or increasing the surplus. 
‘‘(2) ADJUSTMENT OF LEVELS IN THE CONCUR-
RENT
RESOLUTION
ON
THE
BUDGET.—Not later 
than 3 days of session after the date of enactment 
of an approval bill as provided under this part, the 
chairs of the Committees on the Budget of the Sen-
ate and the House of Representatives shall revise al-
locations and aggregates and other appropriate lev-
els under the appropriate concurrent resolution on 
the budget to reflect the rescissions, and the Com-
mittees on Appropriations of the House of Rep-
resentatives and the Senate shall report revised sub-
allocations pursuant to section 302(b) of title III, as 
appropriate. 
‘‘(3) ADJUSTMENTS TO STATUTORY LIMITS.— 
Not later than 3 days after enactment of an ap-
proval bill provided under this section, the President 
shall revise downward by the amount of the rescis-
sions applicable limits under the Balanced Budget 
and Emergency Deficit Control Act of 1985. 
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‘‘PROCEDURES FOR EXPEDITED CONSIDERATION 
‘‘SEC. 1013. (a) EXPEDITED CONSIDERATION.— 
‘‘(1) INTRODUCTION OF APPROVAL BILL.—Any 
Member of each House may (by request) introduce 
an approval bill as defined in section 1015 not later 
than the third day of session of that House after the 
date of receipt of a special message transmitted to 
the Congress under section 1011(b). 
‘‘(2) CONSIDERATION IN THE HOUSE OF REP-
RESENTATIVES.— 
‘‘(A) REFERRAL
AND
REPORTING.—Any 
committee of the House of Representatives to 
which an approval bill is referred shall report it 
to the House without amendment not later than 
the third legislative day after the date of its in-
troduction. If a committee fails to report the 
bill within that period or the House has adopt-
ed a concurrent resolution providing for ad-
journment sine die at the end of a Congress, 
such committee shall be automatically dis-
charged from further consideration of the bill 
and it shall be placed on the appropriate cal-
endar. 
‘‘(B) PROCEEDING TO CONSIDERATION.— 
Not later than 3 legislative days after the ap-
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proval bill is reported or a committee has been 
discharged from further consideration thereof, 
it shall be in order to move to proceed to con-
sider the approval bill in the House. Such a mo-
tion shall be in order only at a time designated 
by the Speaker in the legislative schedule within 
2 legislative days after the day on which the 
proponent announces an intention to the House 
to offer the motion provided that such notice 
may not be given until the approval bill is re-
ported or a committee has been discharged 
from further consideration thereof. Such a mo-
tion shall not be in order after the House has 
disposed of a motion to proceed with respect to 
that special message. The previous question 
shall be considered as ordered on the motion to 
its adoption without intervening motion. A mo-
tion to reconsider the vote by which the motion 
is disposed of shall not be in order. 
‘‘(C) CONSIDERATION.—If the motion to 
proceed is agreed to, the House shall imme-
diately proceed to consider the approval bill in 
the House without intervening motion. The ap-
proval bill shall be considered as read. All 
points of order against the approval bill and 
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against its consideration are waived. The pre-
vious question shall be considered as ordered on 
the approval bill to its passage without inter-
vening motion except 2 hours of debate equally 
divided and controlled by the proponent and an 
opponent and one motion to limit debate on the 
bill. A motion to reconsider the vote on passage 
of the approval bill shall not be in order. 
‘‘(3) CONSIDERATION IN THE SENATE.— 
‘‘(A) COMMITTEE
ACTION.—The appro-
priate committee of the Senate shall report 
without amendment the approval bill as defined 
in section 1015(2) not later than the third ses-
sion day after introduction. If a committee fails 
to report the approval bill within that period or 
the Senate has adopted a concurrent resolution 
providing for adjournment sine die at the end 
of a Congress, the Committee shall be auto-
matically discharged from further consideration 
of the approval bill and it shall be placed on the 
appropriate calendar. 
‘‘(B) MOTION
TO
PROCEED.—Not later 
than 3 session days after the approval bill is re-
ported in the Senate or the committee has been 
discharged thereof, it shall be in order for any 
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‘‘(B) This paragraph shall not apply to the 
House of Representatives. 
‘‘(b) LIMITATION.—Subsection (a) shall apply only to 
an approval bill, as such term is defined in section 
1015(2), introduced pursuant to subsection (a)(1). 
‘‘(c) EXTENDED TIME PERIOD.—If Congress ad-
journs at the end of a Congress prior to the expiration 
of the periods described in sections 1012(c)(2) and 1014 
and an approval bill was then pending in either House 
of Congress or a committee thereof, or an approval bill 
had not yet been introduced with respect to a special mes-
sage, or before the applicable 10-day period specified in 
section 1011(a) has expired, then within the first 3 days 
of session, the President shall transmit to Congress an ad-
ditional special message containing all of the information 
in the previous, pending special message and an approval 
bill may be introduced within the first 5 days of session 
of the next Congress and shall be treated as an approval 
bill under this part, and the time periods described in sec-
tions 1012(c)(2) and 1014 shall commence on the day of 
introduction of that approval bill. 
‘‘(d) APPROVAL BILL PROCEDURE.—In order for an 
approval bill to be considered under the procedures set 
forth in this part, the bill must meet the definition of an 
approval bill and must be introduced no later than the 
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third day of session following the beginning of the period 
described in section 1013(a)(1) or the fifth day in the case 
of subsection (c). 
‘‘(e) CBO ESTIMATE.—Upon receipt of a special 
message under section 1101 proposing to rescind all or 
part of any funding or cancel any item of new direct 
spending or limited tax benefit, CBO shall prepare and 
submit to the appropriate committees of the House of 
Representatives and the Senate an estimate of the reduc-
tion in budget authority or change in receipts which would 
result from the enactment of the proposed rescissions or 
cancellations. 
‘‘TREATMENT OF RESCISSIONS AND CANCELLATIONS 
‘‘SEC. 1014. Rescissions and cancellations proposed 
by the President under this part shall take effect only 
upon enactment of the applicable approval bill. If an ap-
proval bill is not enacted into law within 30 days from 
the enactment of the appropriation measure or new direct 
spending or limited tax benefit to which the approval bill 
relates, then the approval bill shall not be eligible for expe-
dited consideration under the provisions of this part. 
‘‘DEFINITIONS 
‘‘SEC. 1015. As used in this part: 
‘‘(1) APPROPRIATION
MEASURE.—The term 
‘appropriation measure’ means an Act referred to in 
section 105 of title 1, United States Code, including 
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any general or special appropriation Act, or any Act 
making supplemental, deficiency, or continuing ap-
propriations, that has been enacted into law pursu-
ant to article I, section 7, of the Constitution of the 
United States. 
‘‘(2) CANCEL.—The term ‘cancel’ or ‘cancella-
tion’ means— 
‘‘(A) with respect to any dollar amount of 
discretionary budget authority, to rescind; 
‘‘(B) with respect to any item of new direct 
spending— 
‘‘(i) that is budget authority provided 
by law (other than an appropriation law), 
to prevent such budget authority from hav-
ing legal force or effect; 
‘‘(ii) that is entitlement authority, to 
prevent the specific legal obligation of the 
United States from having legal force or 
effect; or 
‘‘(iii) through the food stamp pro-
gram, to prevent the specific provision of 
law that results in an increase in budget 
authority or outlays for that program from 
having legal force or effect; and 
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‘‘(C) with respect to a limited tax benefit, 
to prevent the specific provision of law that pro-
vides such benefit from having legal force or ef-
fect. 
‘‘(3) DIRECT
SPENDING.—The term ‘direct 
spending’ means— 
‘‘(A) budget authority provided by law 
(other than an appropriation law); 
‘‘(B) entitlement authority; and 
‘‘(C) the food stamp program. 
‘‘(4) APPROVAL BILL.—The term ‘approval bill’ 
means a bill which only approves rescissions of fund-
ing, items of new direct spending, or limited tax ben-
efits in a special message transmitted by the Presi-
dent under this part and— 
‘‘(A) the title of which is as follows: ‘A bill 
approving the proposed cancellations or rescis-
sions transmitted by the President on lll’, 
the blank space being filled in with the date of 
transmission of the relevant special message 
and the public law number to which the mes-
sage relates; and 
‘‘(B) which provides only the following 
after the enacting clause: ‘That the Congress 
approves the proposed cancellations or rescis-
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sions lll’, the blank space being filled in 
with the list of the cancellations or rescissions 
contained in the President’s special message, 
‘as transmitted by the President in a special 
message on llll’, the blank space being 
filled in with the appropriate date, ‘regarding 
llll.’, the blank space being filled in with 
the public law number to which the special mes-
sage relates. 
‘‘(5) RESCIND OR RESCISSION.—The terms ‘re-
scind’ or ‘rescission’ mean to permanently cancel or 
prevent budget authority or outlays available under 
an obligation limit from having legal force or effect. 
‘‘(6) CONGRESSIONAL
BUDGET
OFFICE.—The 
term ‘CBO’ means the Director of the Congressional 
Budget Office. 
‘‘(7) 
COMPTROLLER
GENERAL.—The 
term 
‘Comptroller General’ means the Comptroller Gen-
eral of the United States. 
‘‘(8) DEFERRAL OF BUDGET AUTHORITY.—The 
term ‘deferral of budget authority’ includes— 
‘‘(A) withholding or delaying the obliga-
tions or expenditure of budget authority 
(whether by establishing reserves or otherwise) 
provided for projects or activities; or 
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‘‘(B) any other type of executive action or 
inaction which effectively precludes the obliga-
tion or expenditure of budget authority, includ-
ing authority to obligate by contract in advance 
of appropriations as specifically authorized by 
law. 
‘‘(9) FUNDING.—(A) Except as provided in sub-
paragraph (B), the term ‘funding’ means all or part 
of the dollar amount of budget authority or obliga-
tion limit— 
‘‘(i) specified in an appropriation measure, 
or the dollar amount of budget authority or ob-
ligation limit required to be allocated by a spe-
cific proviso in an appropriation measure for 
which a specific dollar figure was not included; 
‘‘(ii) represented separately in any table, 
chart, or explanatory text included in the state-
ment of managers or the governing committee 
report accompanying such law; or 
‘‘(iii) represented by the product of the es-
timated procurement cost and the total quantity 
of items specified in an appropriation measure 
or included in the statement of managers or the 
governing committee report accompanying such 
law. 
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‘‘(B) The term ‘funding’ does not include— 
‘‘(i) direct spending; 
‘‘(ii) budget authority in an appropriation 
measure which funds direct spending provided 
for in other law; 
‘‘(iii) any existing budget authority can-
celed in an appropriation measure; or 
‘‘(iv) any restriction or condition in an ap-
propriation measure or the accompanying state-
ment of managers or committee reports on the 
expenditure of budget authority for an account, 
program, project, or activity, or on activities in-
volving such expenditure. 
‘‘(10) WITHHOLD.—The terms ‘withhold’ and 
‘withholding’ apply to any executive action or inac-
tion that precludes the obligation of funding at a 
time when it would otherwise have been available to 
an agency for obligation. The terms do not include 
administrative or preparatory actions undertaken 
prior to obligation in the normal course of imple-
menting budget laws. 
‘‘(11) LIMITED TAX BENEFIT.— 
‘‘(A) The term ‘limited tax benefit’ 
means— 
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‘‘(i) 
any 
revenue-losing 
provision 
which provides a Federal tax deduction, 
credit, exclusion, or preference to 100 or 
fewer beneficiaries under the Internal Rev-
enue Code of 1986 in any fiscal year for 
which the provision is in effect; and 
‘‘(ii) any Federal tax provision which 
provides temporary or permanent transi-
tional relief for 10 or fewer beneficiaries in 
any fiscal year from a change to the Inter-
nal Revenue Code of 1986. 
‘‘(B) A provision shall not be treated as 
described in subparagraph (A)(i) if the effect of 
that provision is that— 
‘‘(i) all persons in the same industry 
or engaged in the same type of activity re-
ceive the same treatment; 
‘‘(ii) all persons owning the same type 
of property, or issuing the same type of in-
vestment, receive the same treatment; or 
‘‘(iii) any difference in the treatment 
of persons is based solely on— 
‘‘(I) in the case of businesses and 
associations, the size or form of the 
business or association involved; 
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‘‘(II) in the case of individuals, 
general demographic conditions, such 
as income, marital status, number of 
dependents, or tax return filing sta-
tus; 
‘‘(III) the amount involved; or 
‘‘(IV) a generally-available elec-
tion under the Internal Revenue Code 
of 1986. 
‘‘(C) A provision shall not be treated as 
described in subparagraph (A)(ii) if— 
‘‘(i) it provides for the retention of 
prior law with respect to all binding con-
tracts or other legally enforceable obliga-
tions in existence on a date contempora-
neous with congressional action specifying 
such date; or 
‘‘(ii) it is a technical correction to pre-
viously enacted legislation that is estimated 
to have no revenue effect. 
‘‘(D) For purposes of subparagraph (A)— 
‘‘(i) all businesses and associations 
which are related within the meaning of 
sections 707(b) and (a) of the Internal 
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Revenue Code of 1986 shall be treated as 
a single beneficiary; 
‘‘(ii) all qualified plans of an employer 
shall be treated as a single beneficiary; 
‘‘(iii) all holders of the same bond 
issue shall be treated as a single bene-
ficiary; and 
‘‘(iv) if a corporation, partnership, as-
sociation, trust or estate is the beneficiary 
of a provision, the shareholders of the cor-
poration, the partners of the partnership, 
the members of the association, or the 
beneficiaries of the trust or estate shall not 
also be treated as beneficiaries of such pro-
vision. 
‘‘(E) For purposes of this paragraph, the 
term ‘revenue-losing provision’ means any pro-
vision which results in a reduction in Federal 
tax revenues for any one of the two following 
periods— 
‘‘(i) the first fiscal year for which the 
provision is effective; or 
‘‘(ii) the period of the 5 fiscal years 
beginning with the first fiscal year for 
which the provision is effective. 
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‘‘(F) The terms used in this paragraph 
shall have the same meaning as those terms 
have generally in the Internal Revenue Code of 
1986, unless otherwise expressly provided.’’. 
SEC. 3. TECHNICAL AND CONFORMING AMENDMENTS. 
(a) EXERCISE OF RULEMAKING POWERS.—Section 
904 of the Congressional Budget Act of 1974 (2 U.S.C. 
621 note) is amended— 
(1) in subsection (a), by striking ‘‘1017’’ and 
inserting ‘‘1013’’; and 
(2) in subsection (d), by striking ‘‘section 
1017’’ and inserting ‘‘section 1013’’. 
(b) CLERICAL AMENDMENTS.—(1) The last sentence 
of section 1(a) of the Congressional Budget and Impound-
ment Control Act of 1974 is amended to read as follows: 
‘‘Sections 1011 through 1016 of part B of title X may 
be cited as ‘A Fast-Tracked Executive Rescission Review 
(AFTER) of Appropriations Act of 2019’.’’. 
(2) Section 1017 of such Act (as redesignated) is 
amended by striking ‘‘section 1012 or 1013’’ each place 
it appears and inserting ‘‘section 1011 or 1019’’ and sec-
tion 1018 (as redesignated) is amended by striking ‘‘cal-
endar’’ and ‘‘of continuous session’’. 
(3) Section 1019(c) of such Act (as redesignated) is 
amended by striking ‘‘1012’’ and inserting ‘‘1011’’. 
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(4) TABLE OF CONTENTS.—The table of contents set 
forth in section 1(b) of the Congressional Budget and Im-
poundment Control Act of 1974 is amended by striking 
the items relating to parts B and C (including all of the 
items relating to the sections therein) of title X and insert-
ing the following: 
‘‘PART B—CONGRESSIONAL CONSIDERATION OF PROPOSED RESCISSIONS AND 
DEFERRALS OF BUDGET AUTHORITY AND OBLIGATION LIMITATIONS 
‘‘Sec. 1011. Congressional consideration of proposed rescissions and deferrals 
of budget authority and obligation limitations. 
‘‘Sec. 1012. Grants of and limitations on Presidential authority. 
‘‘Sec. 1013. Procedures for expedited consideration. 
‘‘Sec. 1014. Treatment of rescissions and cancellations. 
‘‘Sec. 1015. Definitions.’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this Act shall apply to funding as defined in section 
1015(8) of the Congressional Budget Act and Impound-
ment Control of 1974 or any new item of direct spending 
or limited tax benefit in any Act enacted after the date 
of enactment of this Act. 
SEC. 4. APPROVAL MEASURES CONSIDERED. 
Section 314 of the Congressional Budget Act of 1974 
is amended— 
(1) by redesignating subsections (b) through (e) 
as subsections (c) through (f) and by inserting after 
subsection (a) the following new subsection: 
‘‘(b) ADJUSTMENTS FOR RESCISSIONS.—(1) When-
ever an approval bill passes the House of Representatives, 
the Committee on the Budget shall immediately reduce the 
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