[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3474 Introduced in Senate (IS)]
111th CONGRESS
2d Session
S. 3474
To provide an optional fast-track procedure the President may use when
submitting rescission requests, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 9, 2010
Mr. Feingold (for himself, Mr. Carper, Mr. McCain, Mr. Gregg, Mrs.
McCaskill, Mr. Coburn, Mr. Whitehouse, Mr. Bennet, and Mr. Udall of
Colorado) introduced the following bill; which was read twice and
referred to the Committee on the Budget
_______________________________________________________________________
A BILL
To provide an optional fast-track procedure the President may use when
submitting rescission requests, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE AND PURPOSES.
(a) Short Title.--This Act may be cited as the ``Reduce Unnecessary
Spending Act of 2010''.
(b) Purpose.--The purpose of this Act is to create an optional
fast-track procedure the President may use when submitting rescission
requests, which would lead to an up-or-down vote by Congress on the
President's package of rescissions, without amendment.
SEC. 2. RESCISSIONS OF FUNDING.
The Impoundment Control Act of 1974 is amended by striking part C
and inserting the following:
``PART C--EXPEDITED CONSIDERATION OF PROPOSED RESCISSIONS
``SEC. 1021. APPLICABILITY AND DISCLAIMER.
``The rules, procedures, requirements, and definitions in this part
apply only to executive and legislative actions explicitly taken under
this part. They do not apply to actions taken under part B or to other
executive and legislative actions not taken under this part.
``SEC. 1022. DEFINITIONS.
``In this part:
``(1) The terms `appropriations Act', `budget authority',
and `new budget authority' have the same meanings as in section
3 of the Congressional Budget Act of 1974.
``(2) The terms `account', `current year', `CBO', and `OMB'
have the same meanings as in section 250 of the Balanced Budget
and Emergency Deficit Control Act of 1985 as in effect on
September 30, 2002.
``(3) The term `days of session' shall be calculated by
excluding weekends and national holidays. Any day during which
a chamber of Congress is not in session shall not be counted as
a day of session of that chamber. Any day during which neither
chamber is in session shall not be counted as a day of session
of Congress.
``(4) The term `entitlement law' means the statutory
mandate or requirement of the United States to incur a
financial obligation unless that obligation is explicitly
conditioned on the appropriation in subsequent legislation of
sufficient funds for that purpose, and the Supplemental
Nutrition Assistance Program.
``(5) The term `funding' refers to new budget authority and
obligation limits except to the extent that the funding is
provided for entitlement law.
``(6) The term `rescind' means to eliminate or reduce the
amount of enacted funding.
``(7) The terms `withhold' and `withholding' apply to any
executive action or inaction 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 implementing budget laws.
``SEC. 1023. TIMING AND PACKAGING OF RESCISSION REQUESTS.
``(a) Timing.--If the President proposes that Congress rescind
funding under the procedures in this part, OMB shall transmit a message
to Congress containing the information specified in section 1024, and
the message transmitting the proposal shall be sent to Congress not
later than 45 calendar days after the date of enactment of the funding.
``(b) Packaging and Transmittal of Requested Rescissions.--Except
as provided in subsection (c), for each piece of legislation that
provides funding, the President shall request at most 1 package of
rescissions and the rescissions in that package shall apply only to
funding contained in that legislation. OMB shall deliver each message
requesting a package of rescissions to the Secretary of the Senate if
the Senate is not in session and to the Clerk of the House of
Representatives if the House is not in session. OMB shall make a copy
of the transmittal message publicly available, and shall publish in the
Federal Register a notice of the message and information on how it can
be obtained.
``(c) Special Packaging Rules.--After enactment of--
``(1) a joint resolution making continuing appropriations;
``(2) a supplemental appropriations bill; or
``(3) an omnibus appropriations bill;
covering some or all of the activities customarily funded in more than
1 regular appropriations bill, the President may propose as many as 2
packages rescinding funding contained in that legislation, each within
the 45-day period specified in subsection (a). OMB shall not include
the same rescission in both packages, and, if the President requests
the rescission of more than one discrete amount of funding under the
jurisdiction of a single subcommittee, OMB shall include each of those
discrete amounts in the same package.
``SEC. 1024. REQUESTS TO RESCIND FUNDING.
``For each request to rescind funding under this part, the
transmittal message shall--
``(1) specify--
``(A) the dollar amount to be rescinded;
``(B) the agency, bureau, and account from which
the rescission shall occur;
``(C) the program, project, or activity within the
account (if applicable) from which the rescission shall
occur;
``(D) the amount of funding, if any, that would
remain for the account, program, project, or activity
if the rescission request is enacted; and
``(E) the reasons the President requests the
rescission;
``(2) designate each separate rescission request by number;
and
``(3) include proposed legislative language to accomplish
the requested rescissions which may not include--
``(A) any changes in existing law, other than the
rescission of funding; or
``(B) any supplemental appropriations, transfers,
or reprogrammings.
``SEC. 1025. GRANTS OF AND LIMITATIONS ON PRESIDENTIAL AUTHORITY.
``(a) Presidential Authority To Withhold Funding.--Notwithstanding
any other provision of law and if the President proposes a rescission
of funding under this part, OMB may, subject to the time limits
provided in subsection (c), temporarily withhold that funding from
obligation.
``(b) Expedited Procedures Available Only Once Per Bill.--The
President may not invoke the procedures of this part, or the authority
to withhold funding granted by subsection (a), on more than 1 occasion
for any Act providing funding.
``(c) Time Limits.--OMB shall make available for obligation any
funding withheld under subsection (a) on the earliest of--
``(1) the day on which the President determines that the
continued withholding or reduction no longer advances the
purpose of legislative consideration of the rescission request;
``(2) starting from the day on which OMB transmitted a
message to Congress requesting the rescission of funding, 25
calendar days in which the House of Representatives has been in
session or 25 calendar days in which the Senate has been in
session, whichever occurs second; or
``(3) the last day after which the obligation of the
funding in question can no longer be fully accomplished in a
prudent manner before its expiration.
``(d) Deficit Reduction.--
``(1) In general.--Funds that are rescinded under this part
shall be dedicated only to reducing the deficit or increasing
the surplus.
``(2) Adjustment of levels in the concurrent resolution on
the budget.--Not later than 5 days after the date of enactment
of an approval bill as provided under this part, the chairs of
the Committees on the Budget of the Senate and the House of
Representatives shall revise allocations and aggregates and
other appropriate levels under the appropriate concurrent
resolution on the budget to reflect the repeal or cancellation,
and the applicable committees shall report revised
suballocations pursuant to section 302(b), as appropriate.
``SEC. 1026. CONGRESSIONAL CONSIDERATION OF RESCISSION REQUESTS.
``(a) Preparation of Legislation To Consider a Package of Expedited
Rescission Requests.--
``(1) In general.--If the House of Representatives receives
a package of expedited rescission requests, the Clerk shall
prepare a House bill that only rescinds the amounts requested
which shall read as follows:
```There are enacted the rescissions numbered [insert
number or numbers] as set forth in the Presidential message of
[insert date] transmitted under part C of the Impoundment
Control Act of 1974 as amended.'
``(2) Exclusion procedure.--The Clerk shall include in the
bill each numbered rescission request listed in the
Presidential package in question, except that the Clerk shall
omit a numbered rescission request if the Chairman of the
Committee on the Budget of the House, after consulting with the
Chairman of the Committee on the Budget of the Senate, CBO,
GAO, and the House and Senate committees that have jurisdiction
over the funding, determines that the numbered rescission does
not refer to funding or includes matter not permitted under a
request to rescind funding.
``(b) Introduction and Referral of Legislation To Enact a Package
of Expedited Rescissions.--The majority leader or the minority leader
of the House or Representatives, or a designee, shall (by request)
introduce each bill prepared under subsection (a) not later than 4 days
of session of the House after its transmittal, or, if no such bill is
introduced within that period, any member of the House may introduce
the required bill in the required form on the fifth or sixth day of
session of the House after its transmittal. If such an expedited
rescission bill is introduced in accordance with the preceding
sentence, it shall be referred to the House committee of jurisdiction.
A copy of the introduced House bill shall be transmitted to the
Secretary of the Senate, who shall provide it to the Senate committee
of jurisdiction.
``(c) House Report and Consideration of Legislation To Enact a
Package of Expedited Rescissions.--The House committee of jurisdiction
shall report without amendment the bill referred to it under subsection
(b) not more than 5 days of session of the House after the referral.
The committee may order the bill reported favorably, unfavorably, or
without recommendation. If the committee has not reported the bill by
the end of the 5-day period, the committee shall be automatically
discharged from further consideration of the bill and it shall be
placed on the appropriate calendar.
``(d) House Motion To Proceed.--
``(1) In general.--After a bill to enact an expedited
rescission package has been reported or the committee of
jurisdiction has been discharged under subsection (c), it shall
be in order to move to proceed to consider the bill in the
House. A Member who wishes to move to proceed to consideration
of the bill shall announce that fact, and the motion to proceed
shall be in order only during a time designated by the Speaker
within the legislative schedule for the next calendar day of
legislative session or the one immediately following it.
``(2) Failure to set time.--If the Speaker does not
designate a time under paragraph (1), 3 or more calendar days
of legislative session after the bill has been reported or
discharged, it shall be in order for any Member to move to
proceed to consider the bill.
``(3) Procedure.--A motion to proceed under this subsection
shall not be in order after the House has disposed of a prior
motion to proceed with respect to that package of expedited
rescissions. The previous question shall be considered as
ordered on the motion to proceed, without intervening motion. A
motion to reconsider the vote by which the motion to proceed
has been disposed of shall not be in order.
``(4) Removal from calendar.--If 5 calendar days of
legislative session have passed since the bill was reported or
discharged under this subsection and no Member has made a
motion to proceed, the bill shall be removed from the calendar.
``(e) House Consideration.--
``(1) Considered as read.--A bill consisting of a package
of rescissions under this part shall be considered as read.
``(2) Points of order.--All points of order against the
bill are waived, except that a point of order may be made that
1 or more numbered rescissions included in the bill would enact
language containing matter not requested by the President or
not permitted under this part as part of that package. If the
Presiding Officer sustains such a point of order, the numbered
rescission or rescissions that would enact such language are
deemed to be automatically stripped from the bill and
consideration proceeds on the bill as modified.
``(3) Previous question.--The previous question shall be
considered as ordered on the bill to its passage without
intervening motion, except that 4 hours of debate equally
divided and controlled by a proponent and an opponent are
allowed, as well as 1 motion to further limit debate on the
bill.
``(4) Motion to reconsider.--A motion to reconsider the
vote on passage of the bill shall not be in order.
``(f) Senate Consideration.--
``(1) Referral.--If the House of Representatives approves a
House bill enacting a package of rescissions, that bill as
passed by the House shall be sent to the Senate and referred to
the Senate committee of jurisdiction.
``(2) Committee action.--The committee of jurisdiction
shall report without amendment the bill referred to it under
this subsection not later than 3 days of session of the Senate
after the referral. The committee may order the bill reported
favorably, unfavorably, or without recommendation.
``(3) Discharge.--If the committee has not reported the
bill by the end of the 3-day period, the committee shall be
automatically discharged from further consideration of the bill
and it shall be placed on the appropriate calendar.
``(4) Motion to proceed.--On the following day and for 3
subsequent calendar days in which the Senate is in session, it
shall be in order for any Senator to move to proceed to
consider the bill in the Senate. Upon such a motion being made,
it shall be deemed to have been agreed to and the motion to
reconsider shall be deemed to have been laid on the table.
``(5) Debate.--Debate on the bill in the Senate under this
subsection, and all debatable motions and appeals in connection
therewith, shall not exceed 10 hours, equally divided and
controlled in the usual form. Debate in the Senate on any
debatable motion or appeal in connection with such a bill shall
be limited to not more than 1 hour, to be equally divided and
controlled in the usual form. A motion to further limit debate
on such a bill is not debatable.
``(6) Motions not in order.--A motion to amend such a bill
or strike a provision from it is not in order. A motion to
recommit such a bill is not in order.
``(g) Senate Point of Order.--It shall not be in order under this
part for the Senate to consider a bill approved by the House enacting a
package of rescissions under this part if any numbered rescission in
the bill would enact matter not requested by the President or not
permitted under this Act as part of that package. If a point of order
under this subsection is sustained, the bill may not be considered
under this part.''.
SEC. 3. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Table of Contents.--Section 1(b) of the Congressional Budget
and Impoundment Control Act of 1974 is amended by striking the matter
for part C of title X and inserting the following:
``PART C--Expedited Consideration of Proposed Rescissions
``Sec. 1021. Applicability and disclaimer.
``Sec. 1022. Definitions.
``Sec. 1023. Timing and packaging of rescission requests.
``Sec. 1024. Requests to rescind funding.
``Sec. 1025. Grants of and limitations on presidential authority.
``Sec. 1026. Congressional consideration of rescission requests.''.
(b) Temporary Withholding.--Section 1013(c) of the Impoundment
Control Act of 1974 is amended by striking ``section 1012'' and
inserting ``section 1012 or section 1025''.
(c) Rulemaking.--
(1) 904(a).--Section 904(a) of the Congressional Budget Act
of 1974 is amended by striking ``and 1017'' and inserting
``1017, and 1026''.
(2) 904(d)(1).--Section 904(d)(1) of the Congressional
Budget Act of 1974 is amended by striking ``1017'' and
inserting ``1017 or 1026''.
SEC. 4. AMENDMENTS TO PART A OF THE IMPOUNDMENT CONTROL ACT.
(a) In General.--Part A of the Impoundment Control Act of 1974 is
amended by inserting at the end the following:
``SEC. 1002. SEVERABILITY.
``If the judicial branch of the United States finally determines
that 1 or more of the provisions of parts B or C violate the
Constitution of the United States, the remaining provisions of those
parts shall continue in effect.''.
(b) Table of Contents.--Section 1(b) of the Congressional Budget
and Impoundment Control Act of 1974 is amended by inserting at the end
of the matter for part A of title X the following:
``Sec. 1002. Severability.''.
SEC. 5. EXPIRATION.
Part C of the Impoundment Control Act of 1974 (as amended by this
Act) shall expire on December 31, 2014.
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