[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3521 Reported in House (RH)]
Union Calendar No. 263
112th CONGRESS
2d Session
H. R. 3521
[Report No. 112-364, Parts I and II]
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
January 17, 2012
Reported from the Committee on the Budget with amendments
[Omit the part struck through in brackets and insert the part printed
in italic]
January 17, 2012
Referral to the Committee on Rules extended for a period ending not
later than February 3, 2012
February 2, 2012
Additional sponsors: Mr. Connolly of Virginia, Mr. Buchanan, Mr. Costa,
Mr. Manzullo, Mr. Welch, Mr. Paulsen, Mr. Young of Indiana, Mr.
Chaffetz, Mr. Lankford, Mrs. Black, Mr. Stutzman, Mr. Shuler, Ms.
Castor of Florida, Mr. Hensarling, Mr. Duncan of South Carolina, Mr.
McClintock, Mr. Ribble, Mr. Kinzinger of Illinois, Mr. Akin, Mr.
Johnson of Illinois, Mr. Mulvaney, Mr. Sherman, Ms. Bass of California,
Mr. Cicilline, Mr. Huelskamp, Mr. Lance, Mr. Pence, Mr. Cooper, Mr.
Flores, Mr. Berg, Mr. Gerlach, Mr. Cuellar, Ms. Jenkins, Mr. Upton, Mr.
Loebsack, and Mr. Polis
February 2, 2012
Deleted sponsor: Mr. Honda (added December 2, 2011; deleted December
13, 2011)
February 2, 2012
Reported from the Committee on Rules with an amendment, committed to
the Committee of the Whole House on the State of the Union, and ordered
to be printed
[Strike out all after the enacting clause and insert the part printed
in boldface roman]
_______________________________________________________________________
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 <DELETED>1.</DELETED> SHORT TITLE</DELETED>.
<DELETED>This Act may be cited as the ``Expedited</DELETED>
Legislative <DELETED>Line-Item Veto and Rescissions Act of 2011''.
</DELETED>SEC. <DELETED>2.</DELETED> CONGRESSIONAL CONSIDERATION OF
PROPOSED RESCISSIONS AND DEFERRALS OF BUDGET AUTHORITY
AND OBLIGATION LIMITATIONS</DELETED>.
[<DELETED>(a) In General.--</DELETED>] <DELETED>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 </DELETED> transferred and
<DELETED>redesignated as sections 1017, 1018, and 1019, respectively)
and part C</DELETED> and by inserting after part A <DELETED>the
following:
<DELETED>``Part B--Congressional Consideration of Proposed Rescissions
and Deferrals of Budget Authority and Obligation Limitations</DELETED>
<DELETED>``congressional consideration of proposed rescissions and
deferrals of budget authority and obligation limitations</DELETED>
<DELETED> ``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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(3) Contents of special message.--For each
request to rescind funding under this part, the transmittal
message shall--</DELETED>
<DELETED> ``(A) specify--</DELETED>
<DELETED> ``(i) the dollar amount to be
rescinded;</DELETED>
<DELETED> ``(ii) the agency, bureau, and
account from which the rescission shall
occur;</DELETED>
<DELETED> ``(iii) the program, project, or
activity within the account (if applicable)
from which the rescission shall
occur;</DELETED>
<DELETED> ``(iv) the amount of funding, if
any, that would remain for the account,
program, project, or activity if the rescission
request is enacted;</DELETED>
<DELETED> ``(v) the reasons the President
requests the rescission;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(i) any changes in existing law,
other than the rescission of funding;
or</DELETED>
<DELETED> ``(ii) any supplemental
appropriations, transfers, or
reprogrammings.</DELETED>
<DELETED>``grants of and limitations on presidential
authority</DELETED>
<DELETED> ``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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(c) Time Limits.--The President shall make available for
obligation any funding withheld under subsection (a) on the earliest
of--</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(2) the 45th day following the date of enactment
of the appropriations measure to which the approval bill
relates; or</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(d) Deficit Reduction.--</DELETED>
<DELETED> ``(1) In general.--Funds that are rescinded under
this part shall be dedicated only to reducing the deficit or
increasing the surplus.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED>``procedures for expedited consideration</DELETED>
<DELETED> ``Sec. 1013. (a) Expedited Consideration.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(3) Consideration in the house of
representatives.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(4) Consideration in the senate.--</DELETED>
<DELETED> ``(A) Referral.--An approval bill received
in the Senate shall be referred to the Committee on
Appropriations.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED>``treatment of rescissions</DELETED>
<DELETED> ``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.</DELETED>
<DELETED>``definitions</DELETED>
<DELETED> ``Sec. 1015. As used in this part:</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(A) the title of which is as follows: `A
bill approving the proposed rescissions transmitted by
the President on </DELETED>___<DELETED>', 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</DELETED>
<DELETED> ``(B) which provides only the following
after the enacting clause: `That the Congress approves
the proposed rescissions </DELETED>___<DELETED>', 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 </DELETED>____<DELETED>', the blank space
being filled in with the appropriate date, `regarding
</DELETED>____<DELETED>.', the blank space being filled
in with the public law number to which the special
message relates.</DELETED>
<DELETED> ``(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.</DELETED>
``(4)</DELETED> Rescind or rescission</DELETED>.--
<DELETED>The terms `rescind' or `rescission'</DELETED>
[<DELETED>means</DELETED>] mean <DELETED>to permanently cancel
or prevent budget authority or outlays available under an
obligation limit from having legal force or effect.
<DELETED> ``(5) Congressional budget office.--The term `CBO'
means the Director of the Congressional Budget
Office.</DELETED>
<DELETED> ``(6) Comptroller general.--The term `Comptroller
General' means the Comptroller General of the United
States.</DELETED>
<DELETED> ``(7) Deferral of budget authority.--The term
`deferral of budget authority' includes--</DELETED>
<DELETED> ``(A) withholding or delaying the
obligations or expenditure of budget authority (whether
by establishing reserves or otherwise) provided for
projects or activities; or</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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--
</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(B) The term `funding' does not include--
</DELETED>
<DELETED> ``(i) direct spending;</DELETED>
<DELETED> ``(ii) budget authority in an
appropriation measure which funds direct spending
provided for in other law;</DELETED>
<DELETED> ``(iii) any existing budget authority
canceled in an appropriation measure; or</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
[<DELETED>``expiration
</DELETED> ``Sec. 1016. This title shall have no force or effect on
or after December 31, 2015.</DELETED>]
``expiration
``Sec. 1016. On December 15, 2015, the amendments made by the
Expedited Legislative Line-Item Veto and Rescissions Act of 2011 shall
be replaced by the provisions of part B of the Impoundment Control Act
of 1974 as in effect immediately before the date of enactment of the
Expedited Legislative Line-Item Veto and Rescissions Act of 2011.''.
<DELETED>SEC. 3. TECHNICAL AND CONFORMING AMENDMENTS.</DELETED>
<DELETED> (a) Exercise of Rulemaking Powers.--Section 904 of the
Congressional Budget Act of 1974 (2 U.S.C. 621 note) is amended--
</DELETED>
<DELETED> (1) in subsection (a), by striking ``1017'' and
inserting ``1013''; and</DELETED>
<DELETED> (2) in subsection (d), by striking ``section
1017'' and inserting ``section 1013''.</DELETED>
(b)</DELETED> Clerical Amendments</DELETED>.--<DELETED>(1)</DELETED>
The last sentence of section 1(a) of the Congressional Budget and
Impoundment Control Act of 1974 is amended to read as follows: </DELETED>
``Sections 1011 through 1016 of part B of title X may be cited as the
`Expedited</DELETED> Legislative <DELETED>Line-Item Veto and
Rescissions Act of 2011'.''.
</DELETED> (2)</DELETED> 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</DELETED> in section 1018
(as redesignated) is amended <DELETED>by striking ``calendar'' and ``of
continuous session''.
<DELETED> (3) Section 1019(c) of such Act (as redesignated) is
amended by striking ``1012'' and inserting ``1011''.</DELETED>
<DELETED> (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:</DELETED>
<DELETED>``Part B--Congressional Consideration of Proposed Rescissions
and Deferrals of Budget Authority and Obligation Limitations
<DELETED>``Sec. 1011. Congressional consideration of proposed
rescissions and deferrals of budget
authority and obligation limitations.
<DELETED>``Sec. 1012. Grants of and limitations on presidential
authority.
<DELETED>``Sec. 1013. Procedures for expedited consideration.
<DELETED>``Sec. 1014. Treatment of rescissions.
<DELETED>``Sec. 1015. Definitions.
<DELETED>``Sec. 1016. Expiration.
<DELETED>``Sec. 1017. Reports by Comptroller General.
<DELETED>``Sec. 1018. Suits by Comptroller General.
<DELETED>``Sec. 1019. Proposed deferrals of budget authority.''.
<DELETED> (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.</DELETED>
<DELETED>SEC. 4. APPROVAL MEASURES CONSIDERED.</DELETED>
<DELETED> Section 314 of the Congressional Budget Act of 1974 is
amended--</DELETED>
<DELETED> (1) by redesignating subsections (b) through (e)
as subsections (c) through (f) and by inserting after
subsection (a) the following new subsection:</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(2) As used in this subsection, the term `approval bill'
has the meaning given to such term in section 1015.''; and</DELETED>
<DELETED> (2) in subsection (d) (as redesignated), by
inserting ``or (b)'' after ``subsection (a)''.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Expedited Legislative Line-Item Veto
and Rescissions Act of 2012''.
SEC. 2. CONGRESSIONAL CONSIDERATION OF PROPOSED RESCISSIONS AND
DEFERRALS OF BUDGET AUTHORITY AND OBLIGATION LIMITATIONS.
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 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 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 paragraph (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) Introduction of approval bill.--The majority leader
of each House or a designee shall (by request) introduce an
approval bill as defined in section 1015 not later than the
fifth 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 representatives.--
``(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 fifth legislative day after the date
of its introduction. If a committee fails to report the
bill within that period or the House 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.
``(B) Proceeding to consideration.--Not later than
5 legislative days after the approval bill is reported
or a committee has been discharged from further
consideration thereof, it shall be in order to move to
proceed to consider the approval bill in the House.
Such a motion shall be in order only at a time
designated by the Speaker in the legislative schedule
within two 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 reported or a committee has
been discharged from further consideration thereof.
Such a motion 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 motion 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 immediately proceed to
consider the approval bill in the House without
intervening motion. The approval bill shall be
considered as read. All points of order against the
approval bill and against its consideration are waived.
The previous question shall be considered as ordered on
the approval bill to its passage without intervening
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) Referral.--The approval bill introduced in
the Senate shall be referred to the committees having
jurisdiction over the provisions of law contained in
the approval bill.
``(B) Committee action.--Each committee of referral
of the Senate shall report without amendment the
approval bill referred to it under this subsection not
later than the fifth session 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 automatically
discharged from further consideration of the approval
bill and it shall be placed on the appropriate
calendar.
``(C) Motion to proceed.--Not later than 5 session
days after the approval bill is reported in the Senate
or committees have been discharged thereof, it shall be
in order for any Senator to move to proceed to consider
the approval 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
the 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. 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. 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.
``(4) Amendments prohibited.--No amendment to, or motion to
strike a provision from, an approval bill considered under this
section shall be in order in either the Senate or the House of
Representatives.
``(5) Coordination with action by other house.--
``(A) In general.--If, before passing the approval
bill, one House receives from the other a bill--
``(i) the approval bill of the other House
shall not be referred to a committee; and
``(ii) the procedure in the receiving House
shall be the same as if no approval bill had
been received from the other House until the
vote on passage, when the bill received from
the other House shall supplant the approval
bill of the receiving House.
``(B) This paragraph shall not apply to the House
of Representatives if the approval bill received from
the Senate is a revenue measure or an appropriation
measure.
``(b) Limitation.--Subsection (a) shall apply only to an approval
bill introduced pursuant to subsection (a)(1).
``(c) CBO Estimate.--Upon receipt of a special message under
section 1101 proposing to rescind all or part of any dollar amount, CBO
shall prepare and submit to the appropriate committees of the House of
Representatives and the Senate an estimate of the reduction in budget
authority which would result from the enactment of the proposed
recisions.
``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.--Except as used in section 1013, 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' mean 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. On December 15, 2015, the amendments made by the
Expedited Legislative Line-Item Veto and Rescissions Act of 2012 shall
be replaced by the provisions of part B of the Impoundment Control Act
of 1974 as in effect immediately before the date of enactment of the
Expedited Legislative Line-Item Veto and Rescissions Act of 2012.''.
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 Legislative Line-Item Veto and
Rescissions Act of 2012'.''.
(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 section 1018 (as redesignated) is amended
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.''.
(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)''.
Union Calendar No. 263
112th CONGRESS
2d Session
H. R. 3521
[Report No. 112-364, Parts I and II]
_______________________________________________________________________
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.
_______________________________________________________________________
February 2, 2012
Reported from the Committee on Rules with an amendment, committed to
the Committee of the Whole House on the State of the Union, and ordered
to be printed