I
103D CONGRESS
2D SESSION
H. R. 4600
To amend the Congressional Budget and Impoundment Control Act of 1974
to provide for the expedited consideration of certain proposed rescissions
of budget authority.
IN THE HOUSE OF REPRESENTATIVES
JUNE 17, 1994
Mr. SPRATT introduced the following bill; which was referred jointly to the
Committees on Government Operations and Rules
A BILL
To amend the Congressional Budget and Impoundment Con-
trol Act of 1974 to provide for the expedited consider-
ation of certain proposed rescissions of budget authority.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Expedited Rescissions
Act of 1994’’.
SEC. 2. EXPEDITED CONSIDERATION OF CERTAIN PRO-
POSED RESCISSIONS.
(a) IN GENERAL.—Part B of title X of the Congres-
sional Budget and Impoundment Control Act of 1974 (2
‘‘(2) In the case of an appropriation Act that
includes accounts within the jurisdiction of more
than one subcommittee of the Committee on Appro-
priations, the President in proposing to rescind
budget authority under this section shall send a sep-
arate special message and accompanying draft bill
for accounts within the jurisdiction of each such sub-
committee.
‘‘(3) Each special message shall specify, with
respect to the budget authority proposed to be re-
scinded, the matters referred to in paragraphs (1)
through (5) of section 1012(a).
‘‘(c) PROCEDURES
FOR
EXPEDITED
CONSIDER-
ATION.—
‘‘(1)(A) Before the close of the second legisla-
tive day of the House of Representatives after the
date of receipt of a special message transmitted to
Congress under subsection (b), the majority leader
or minority leader of the House of Representaitves
shall introduce (by request) the draft bill accom-
panying that special message. If the bill is not intro-
duced as provided in the preceding sentence, then,
on the third legislative day of the House of Rep-
resentatives after the date of receipt of that special
message, any Member of that House may introduce
the bill.
‘‘(B)(i) The bill shall be referred to the Com-
mittee on Appropriations of the House of Represent-
atives. The committee shall report the bill without
substantive revision, and with or without rec-
ommendation. The bill shall be reported not later
than the seventh legislative day of that House after
the date of receipt of that special message. If the
Committee on Appropriations fails to report the bill
within that period, that committee shall be auto-
matically discharged from consideration of the bill,
and the bill shall be placed on the appropriate cal-
endar.
‘‘(ii) The Committee on Appropriations may re-
port to the House, within the 7-legislative day period
described in clause (i), an alternative bill which—
‘‘(I) contains only rescissions to the same
appropriation Act as the bill for which it is an
alternative; and
‘‘(II) which rescinds an aggregate amount
of budget authority equal to or greater than the
aggregate amount of budget authority rescinded
in the bill for which it is an alternative.
‘‘(C) A vote on final passage of the bill referred
to in subparagraph (B)(i) shall be taken in the
House of Representatives on or before the close of
the 10th legislative day of that House after the date
of the introduction of the bill in that House. If the
bill is passed, the Clerk of the House of Representa-
tives shall cause the bill to be engrossed, certified,
and transmitted to the Senate within one calendar
day of the day on which the bill is passed.
‘‘(D) Upon rejection of the bill described in
subparagraph (B)(i) on final passage, a motion in
the House to proceed to consideration of the alter-
native bill reported from the Committee on Appro-
priations under subparagraph (B)(ii) shall be highly
privileged and not debatable.
‘‘(E) A vote on final passage of the bill referred
to in subparagraph (B)(ii) shall be taken in the
House of Representatives on or before the close of
the 11th legislative day of that House after the date
of the introduction of the bill in that House for
which it is an alternative. If the bill is passed, the
Clerk of the House of Representatives shall cause
the bill to be engrossed, certified, and transmitted to
the Senate within one calendar day of the day on
which the bill is passed.
‘‘(2)(A) A motion in the House of Representa-
tives to proceed to the consideration of a bill under
this section shall be highly privileged and not debat-
able. An amendment to the motion shall not be in
order, nor shall it be in order to move to reconsider
the vote by which the motion is agreed to or dis-
agreed to.
‘‘(B) Debate in the House of Representatives
on a bill under this section shall not exceed 4 hours,
which shall be divided equally between those favoring
and those opposing the bill. A motion further to
limit debate shall not be debatable. It shall not be
in order to move to recommit a bill under this sec-
tion or to move to reconsider the vote by which the
bill is agreed to or disagreed to.
‘‘(C) Appeals from decisions of the Chair relat-
ing to the application of the Rules of the House of
Representatives to the procedure relating to a bill
under this section shall be decided without debate.
‘‘(3)(A) A bill transmitted to the Senate pursu-
ant to paragraph (1) (C) or (E) shall be referred to
its Committee on Appropriations. The committee
shall report the bill either without substantive revi-
sion or with an amendment in the nature of a sub-
stitute, and with or without recommendation. The
bill shall be reported not later than the seventh leg-
islative day of the Senate after it receives the bill.
A committee failing to report the bill within such pe-
riod shall be automatically discharged from consider-
ation of the bill, and the bill shall be placed upon
the appropriate calendar.
‘‘(B) A vote on final passage of a bill transmit-
ted to the Senate shall be taken on or before the
close of the 10th legislative day of the Senate after
the date on which the bill is transmitted.
‘‘(4)(A) A motion in the Senate to proceed to
the consideration of a bill under this section shall be
privileged and not debatable. An amendment to the
motion shall not be in order, nor shall it be in order
to move to reconsider the vote by which the motion
is agreed to or disagreed to.
‘‘(B) Debate in the Senate on a bill under this
section, and all amendments thereto and all debat-
able motions and appeals in connection therewith,
shall not exceed 10 hours. The time shall be equally
divided between, and controlled by, the majority
leader and the minority leader or their designees.
‘‘(C) Debate in the Senate on any debatable
motion or appeal in connection with a bill under this
section shall be limited to not more than 1 hour, to
be equally divided between, and controlled by, the
mover and the manager of the bill, except that in
the event the manager of the bill is in favor of any
such motion or appeal, the time in opposition there-
to, shall be controlled by the minority leader or his
designee. Such leaders, or either of them, may, from
time under their control on the passage of a bill,
allot additional time to any Senator during the con-
sideration of any debatable motion or appeal.
‘‘(D) A motion in the Senate to further limit
debate on a bill under this section is not debatable.
A motion to recommit a bill under this section is not
in order.
‘‘(d) AMENDMENTS
AND
DIVISIONS
GENERALLY
PROHIBITED.—(1) Except as provided by paragraph (2),
no amendment to a bill considered under this section or
to a substitute amendment referred to in paragraph (2)
shall be in order in either the House of Representatives
or the Senate. It shall not be in order to demand a division
of the question in the House of Representatives (or in a
Committee of the Whole) or in the Senate. No motion to
suspend the application of this subsection shall be in order
in either House, nor shall it be in order in either House
to suspend the application of this subsection by unanimous
consent.
‘‘(2)(A) It shall be in order in the Senate to consider
an amendment in the nature of a substitute reported by
the Committee on Appropriations under subsection
(c)(3)(A) that complies with subparagraph (B).
‘‘(B) It shall only be in order in the Senate to con-
sider any amendment described in subparagraph (A) if—
‘‘(i) the amendment contains only rescissions to
the same appropriation Act as the bill that it is
amending contained; and
‘‘(ii) the aggregate amount of budget authority
rescinded equals or exceeds the aggregate amount of
budget authority rescinded in the bill that it is
amending;
unless that amendment consists solely of the text of the
bill as introduced in the House of Representatives that
makes rescissions to carry out the applicable special mes-
sage of the President.
‘‘(C) It shall not be in order in the Senate to consider
a bill or an amendment in the nature of a substitute re-
ported by the Committee on Appropriations under sub-
section (c)(3)(A) unless the Senate has voted upon and
rejected an amendment in the nature of a substitute con-
sisting solely of the text of the bill as introduced in the
House of Representatives that makes rescissions to carry
out the applicable special message of the President.
‘‘(e) REQUIREMENT TO MAKE AVAILABLE FOR OBLI-
GATION.—Any amount of budget authority proposed to be
rescinded in a special message transmitted to Congress
under subsection (b) shall be made available for obligation
on the earlier of—
‘‘(1) the day after the date upon which the
House of Representatives defeats the text of the bill
transmitted with that special message rescinding the
amount proposed to be rescinded and (if reported by
the Committee on Appropriations) the alternative
bill; or
‘‘(2) the day after the date upon which the Sen-
ate rejects a bill or amendment in the nature of a
substitute consisting solely of the text of the bill as
introduced in the House of Representatives that
makes rescissions to carry out the applicable special
message of the President.
‘‘(f) DEFINITIONS.—For purposes of this section—
‘‘(1) the term ‘appropriation Act’ means any
general or special appropriation Act, and any Act or
joint resolution making supplemental, deficiency, or
continuing appropriations; and
‘‘(2) the term ‘legislative day’ means, with re-
spect to either House of Congress, any calendar day
during which that House is in session.’’.
(b) EXERCISE OF RULEMAKING POWERS.—Section
904 of such Act (2 U.S.C. 621 note) is amended—
(1) by striking ‘‘and 1017’’ in subsection (a)
and inserting ‘‘1013, and 1018’’; and
(2) by striking ‘‘section 1017’’ in subsection (d)
and inserting ‘‘sections 1013 and 1018’’; and
(c) CONFORMING AMENDMENTS.—
(1) Section 1011 of such Act (2 U.S.C. 682(5))
is amended—
(A) in paragraph (4), by striking ‘‘1013’’
and inserting ‘‘1014’’; and
(B) in paragraph (5)—
(i) by striking ‘‘1016’’ and inserting
‘‘1017’’; and
(ii) by striking ‘‘1017(b)(1)’’ and in-
serting ‘‘1018(b)(1)’’.
(2) Section 1015 of such Act (2 U.S.C. 685)
(as redesignated by section 2(a)) is amended—
(A) by striking ‘‘1012 or 1013’’ each place
it appears and inserting ‘‘1012, 1013, or
1014’’;
(B) in subsection (b)(1), by striking
‘‘1012’’ and inserting ‘‘1012 or 1013’’;
(C) in subsection (b)(2), by striking
‘‘1013’’ and inserting ‘‘1014’’; and
(D) in subsection (e)(2)—
(i) by striking ‘‘and’’ at the end of
subparagraph (A);
(ii) by redesignating subparagraph
(B) as subparagraph (C);
(iii) by striking ‘‘1013’’ in subpara-
graph (C) (as so redesignated) and insert-
ing ‘‘1014’’; and
(iv) by inserting after subparagraph
(A) the following new subparagraph:
‘‘(B) he has transmitted a special message
under section 1013 with respect to a proposed
rescission; and’’.
(3) Section 1016 of such Act (2 U.S.C. 686)
(as redesignated by section 2(a)) is amended by
striking ‘‘1012 or 1013’’ each place it appears and
inserting ‘‘1012, 1013, or 1014’’.
(d) CLERICAL AMENDMENTS.—The table of sections
for subpart B of title X of such Act is amended—
(1) by redesignating the items relating to sec-
tions 1013 through 1017 as items relating to sec-
tions 1014 through 1018; and
(2) by inserting after the item relating to sec-
tion 1012 the following new item:
‘‘Sec. 1013. Expedited consideration of certain proposed rescissions.’’.
SEC. 3. APPLICATION.
(a) IN GENERAL.—Section 1013 of the Congressional
Budget and Impoundment Control Act of 1974 (as added
by section 2) shall apply to amounts of budget authority
provided by appropriation Acts (as defined in subsection
(f) of such section) that are enacted during the One Hun-
dred Third Congress.
(b) SPECIAL TRANSITION RULE.—Within 3 calendar
days after the beginning of the One Hundred Fourth Con-
gress, the President may retransmit a special message, in
the manner provided in section 1013(b) of the Congres-
sional Budget and Impoundment Control Act of 1974 (as
added by section 2), proposing to rescind only those
amounts of budget authority that were contained in any
special message to the One Hundred Third Congress
which that Congress failed to consider because of its sine
die adjournment before the close of the time period set
forth in such section 1013 for consideration of those pro-
posed rescissions. A draft bill shall accompany that special
message that, if enacted, would only rescind that budget
authority. Before the close of the second legislative day
of the House of Representatives after the date of receipt
of that special message, the majority leader or minority
leader of the House of Representatives shall introduce (by
request) the draft bill accompanying that special message.
If the bill is not introduced as provided in the preceding
sentence, then, on the third legislative day of the House
of Representatives after the date of receipt of that special
message, any Member of that House may introduce the
bill. The House of Representatives and the Senate shall
proceed to consider that bill in the manner provided in
such section 1013.
SEC. 4. TERMINATION.
The authority provided by section 1013 of the Con-
gressional Budget and Impoundment Control Act of 1974
(as added by section 2) shall terminate 2 years after the
date of enactment of this Act.
SEC. 5. JUDICIAL REVIEW.
(a) EXPEDITED REVIEW.—
(1) Any Member of Congress may bring an ac-
tion, in the United States District Court for the Dis-
trict of Columbia, for declaratory judgment and in-
junctive relief on the ground that any provision of
section 1013 (as added by section 2) violates the
Constitution.
(2) A copy of any complaint in an action
brought under paragraph (1) shall be promptly de-
livered to the Secretary of the Senate and the Clerk
of the House of Representatives, and each House of
Congress shall have the right to intervene in such
action.
(3) Any action brought under paragraph (1)
shall be heard and determined by a three-judge
court in accordance with section 2284 of title 28,
United States Code.
Nothing in this section or in any other law shall infringe
upon the right of the House of Representatives to inter-
vene in an action brought under paragraph (1) without
the necessity of adopting a resolution to authorize such
intervention.
(b) APPEAL TO SUPREME COURT.—Notwithstanding
any other provision of law, any order of the United States
District Court for the District of Columbia which is issued
pursuant to an action brought under paragraph (1) of sub-
section (a) shall be reviewable by appeal directly to the
Supreme Court of the United States. Any such appeal
shall be taken by a notice of appeal filed within 10 days
after such order is entered; and the jurisdictional state-
ment shall be filed within 30 days after such order is en-
tered. No stay of an order issued pursuant to an action
brought under paragraph (1) of subsection (a) shall be
issued by a single Justice of the Supreme Court.
(c) EXPEDITED CONSIDERATION.—It shall be the
duty of the District Court for the District of Columbia
and the Supreme Court of the United States to advance
on the docket and to expedite to the greatest possible ex-
tent the disposition of any matter brought under sub-
section (a).
Æ
HR 4600 IH——2
HR 4600 IH——3