[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3521 Introduced in House (IH)]
112th CONGRESS
1st Session
H. R. 3521
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 for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 30, 2011
Mr. Ryan of Wisconsin (for himself and Mr. Van Hollen) 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 Control Act of 1974
to provide for a legislative line-item veto to expedite consideration
of rescissions, 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.
This Act may be cited as the ``Expedited Line-Item Veto and
Rescissions Act of 2011''.
SEC. 2. CONGRESSIONAL CONSIDERATION OF PROPOSED RESCISSIONS AND
DEFERRALS OF BUDGET AUTHORITY AND OBLIGATION LIMITATIONS.
(a) In General.--Title X of the Congressional Budget and
Impoundment Control Act of 1974 (2 U.S.C. 621 et seq.) is amended by
striking all of part B (except for sections 1015, 1016, and 1013, which
are redesignated as sections 1017, 1018, and 1019, respectively) and
part C and inserting the following:
``Part B--Congressional Consideration of Proposed Rescissions and
Deferrals of Budget Authority and Obligation Limitations
``congressional consideration of proposed rescissions and deferrals of
budget authority and obligation limitations
``Sec. 1011. (a) Proposed Rescissions.--Within 45 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.
``(b) Special Message.--If the President proposes that Congress
rescind funding, the President shall transmit a special message to
Congress containing the information specified in this subsection.
``(1) Packaging of requested rescissions.--For each piece
of legislation that provides funding, the President shall
request at most 2 packages of rescissions and the rescissions
in each package shall apply only to funding contained in that
legislation. The President shall not include the same
rescission in both packages.
``(2) Transmittal.--The President 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.
The President 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.
``(3) Contents of special message.--For each request to
rescind funding under this part, the transmittal message
shall--
``(A) specify--
``(i) the dollar amount to be rescinded;
``(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, program, project,
or activity if the rescission request is
enacted;
``(v) the reasons the President requests
the rescission;
``(vi) to the maximum extent practicable,
the estimated fiscal, economic, and budgetary
effect (including the effect on outlays and
receipts in each fiscal year) of the proposed
rescission;
``(vii) to the maximum extent practicable,
all facts, circumstances, and considerations
relating to or bearing upon the proposed
rescission and the decision to propose the
rescission, and the estimated effect of the
proposed rescission upon the objects, purposes,
or programs; and
``(viii) if a second special message is
transmitted pursuant to subsection (b)(2), a
detailed explanation of why the proposed
rescissions are not substantially similar to
any other proposed rescission in such other
message; and
``(B) designate each separate rescission request by
number; and include proposed legislative 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.
``grants of and limitations on presidential authority
``Sec. 1012. (a) Presidential Authority To Withhold Funding.--
Notwithstanding any other provision 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
withhold 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 withhold funding granted by subsection (a) for any other
purpose.
``(c) Time Limits.--The President 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 approval bill;
``(2) the 45th day following the date of enactment of the
appropriations measure to which the approval bill relates; or
``(3) the last day that the President determines 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 rescissions, and the
Committees on Appropriations of the House of Representatives
and the Senate shall report revised suballocations pursuant to
section 302(b) of title III, as appropriate.
``(3) Adjustments to statutory limits.--After enactment of
an approval bill provided under this section, the President
shall revise downward by the amount of the rescissions
applicable limits under the Balanced Budget and Emergency
Deficit Control Act of 1985.
``procedures for expedited consideration
``Sec. 1013. (a) Expedited Consideration.--
``(1) Referral of special message.--Any special message
received by the Congress pursuant to section 1011(b) shall be
referred to the Committees on Appropriations and the Committees
on the Budget of the House of Representatives and the Senate.
``(2) Introduction of approval bill.--The majority leader
or minority leader of the House of Representatives or his
designee shall (by request) introduce an approval bill as
defined in section 1015 not later than the third day or, if the
House is not in session during that period, the next day of
session after the date of receipt of a special message
transmitted to the Congress under section 1011(b). If the bill
is not introduced as provided in the preceding sentence in the
House, then, on the first day the House is in session following
the period during which the leaders may introduce the message,
any Member of that House may introduce the bill.
``(3) Consideration in the house of representatives.--
``(A) Referral and reporting.--(i) Each committee
of referral of the House of Representatives shall
report an approval bill without amendment not later
than the fifth day after the date of its referral. If
the committee fails to report the bill within that
period or the House of Representatives has adopted a
concurrent resolution providing for adjournment sine
die at the end of a Congress, such committee shall be
automatically discharged from further consideration of
the bill and it shall be placed on the appropriate
calendar.
``(ii) As soon as practicable after such approval
bill is referred to the Committee on Appropriations,
CBO shall prepare, and submit to the Committees on
Appropriations and the Committees on the Budget of the
House of Representatives and the Senate, an estimate of
the reduction in budget authority which would result
from the enactment of that bill.
``(B) Proceeding to consideration.--Within three
days after an approval bill is reported by or
discharged from the Committee on Appropriations of the
House of Representatives or if the House has adopted a
concurrent resolution providing for adjournment sine
die at the end of a Congress, it shall be in order for
any Member to announce his intention to move to proceed
to consider the approval bill in the House. The motion
to proceed shall be in order only during a time
designated by the Speaker within the legislative
schedule for the next two days or the next day on which
the House is in session. Such a motion shall not be in
order after the House of Representatives has disposed
of a prior motion to proceed with respect to that
approval bill. 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 is disposed of shall not be
in order.
``(C) House consideration.--If the motion to
proceed is agreed to, the House shall immediately
proceed to consider the approval bill in the House
without intervening motion, order, or other business,
and the approval bill shall remain the unfinished
business of the House until disposed of. The approval
bill shall be considered as read. All points of order
against the approval bill or its consideration are
waived. The previous question shall be considered as
ordered on an approval bill to its passage, without
intervening motion, except 4 hours of debate equally
divided and controlled by the proponent and an opponent
and one motion to further limit debate on the bill. A
motion to reconsider the vote on passage of the bill
shall not be in order.
``(4) Consideration in the senate.--
``(A) Referral.--An approval bill received in the
Senate shall be referred to the Committee on
Appropriations.
``(B) Committee action.--The Committee on
Appropriations shall report without amendment the bill
referred to it under this subsection not later than 5
days after the referral. The committee may order the
bill reported favorably, unfavorably, or without
recommendation. If the Committee on Appropriations 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.
``(C) Motion to proceed.--On the following day, 3
subsequent days, or, if the Senate is not in session
during that period, the next day of session, it shall
be in order for any Senator to move to proceed to
consider the bill in the Senate. The motion shall be
decided without debate and the motion to reconsider
shall be deemed to have been laid on the table. Such a
motion shall not be in order after the Senate has
disposed of a prior motion to proceed with respect to
that approval bill.
``(D) Consideration.--If a motion to proceed to the
consideration of the approval bill is agreed to, the
Senate shall immediately proceed to consideration of
the approval bill without intervening motion, order, or
other business, and the approval bill shall remain the
unfinished business of the Senate until disposed of.
Consideration 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. All
points of order against the approval bill or its
consideration are waived. Consideration in the Senate
on any debatable motion or appeal in connection with
the approval bill shall be limited to not more than 1
hour, to be equally divided and controlled in the usual
form. A motion to postpone, or a motion to proceed to
the consideration of other business, or a motion to
recommit the approval bill is not in order. A motion to
reconsider the vote by which the approval bill is
agreed to or disagreed to is not in order.
``(b) Amendments Prohibited.--No amendment to an approval bill
considered under this section shall be in order in either the Senate or
the House of Representatives.
``treatment of rescissions
``Sec. 1014. Rescissions proposed by the President under this part
shall take effect only upon enactment of the applicable approval bill.
If an approval bill is not enacted into law within 45 days from the
enactment of the appropriation measure to which the approval bill
relates, then the approval bill shall not be eligible for expedited
consideration under the provisions of this Act.
``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 any general or special
appropriation Act, or any Act making supplemental, deficiency,
or continuing appropriations, that has been enacted into law
pursuant to article I, section 7, of the Constitution of the
United States.
``(2) Approval bill.--The term `approval bill' means a bill
which only approves rescissions of funding in a special message
transmitted by the President under this part and--
``(A) the title of which is as follows: `A bill
approving the proposed rescissions transmitted by the
President on ___', the blank space being filled in with
the date of transmission of the relevant special
message and the public law number to which the message
relates; and
``(B) which provides only the following after the
enacting clause: `That the Congress approves the
proposed rescissions ___', the blank space being filled
in with the list of the rescissions contained in the
President's special message, `as transmitted by the
President in a special message on ____', the blank
space being filled in with the appropriate date,
`regarding ____.', the blank space being filled in with
the public law number to which the special message
relates.
``(3) Day.--The term `day' means a standard 24-hour period
beginning at midnight and a number of days shall be calculated
by excluding Sundays, legal holidays, and any day during which
neither chamber of Congress is in session.
``(4) Rescind or rescission.--The terms `rescind' or
`rescission' means to permanently cancel or prevent budget
authority or outlays available under an obligation limit from
having legal force or effect.
``(5) Congressional budget office.--The term `CBO' means
the Director of the Congressional Budget Office.
``(6) Comptroller general.--The term `Comptroller General'
means the Comptroller General of the United States.
``(7) Deferral of budget authority.--The term `deferral of
budget authority' includes--
``(A) withholding or delaying the obligations or
expenditure of budget authority (whether by
establishing reserves or otherwise) provided for
projects or activities; or
``(B) any other type of Executive action or
inaction which effectively precludes the obligation or
expenditure of budget authority, including authority to
obligate by contract in advance of appropriations as
specifically authorized by law.
``(8) Funding.--(A) Except as provided in subparagraph (B),
the term `funding' means all or part of the dollar amount of
budget authority or obligation limit--
``(i) specified in an appropriation measure, or the
dollar amount of budget authority or obligation limit
required to be allocated by a specific 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 statement of
managers or the governing committee report accompanying
such law; or
``(iii) represented by the product of the estimated
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.
``(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 canceled in
an appropriation measure; or
``(iv) any restriction or condition in an
appropriation measure or the accompanying statement of
managers or committee reports on the expenditure of
budget authority for an account, program, project, or
activity, or on activities involving such expenditure.
``(9) Withhold.--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.
``expiration
``Sec. 1016. This title shall have no force or effect on or after
December 31, 2015.''.
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 Impoundment Control Act of 1974 is amended
to read as follows: ``Sections 1011 through 1016 of part B of title X
may be cited as the `Expedited Line-Item Veto and Rescissions Act of
2011'.''.
(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 by striking ``calendar'' and ``of
continuous session''.
(3) Section 1019(c) of such Act (as redesignated) is amended by
striking ``1012'' and inserting ``1011''.
(4) Table of Contents.--The table of contents set forth in section
1(b) of the Congressional Budget and Impoundment 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 inserting
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.
``Sec. 1015. Definitions.
``Sec. 1016. Expiration.
``Sec. 1017. Reports by Comptroller General.
``Sec. 1018. Suits by Comptroller General.
``Sec. 1019. Proposed deferrals of budget authority.''.
(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 Impoundment Control of 1974 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) Whenever an approval bill
passes the House of Representatives, the Committee on the Budget shall
immediately reduce the applicable allocations under section 302(a) by
the total amount of reductions in budget authority and in outlays
resulting from such approval bill.
``(2) As used in this subsection, the term `approval bill' has the
meaning given to such term in section 1015.''; and
(2) in subsection (d) (as redesignated), by inserting ``or
(b)'' after ``subsection (a)''.
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