Text: H.R.3800 — 101st Congress (1989-1990)All Information (Except Text)

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HR 3800 IH
101st CONGRESS
1st Session
 H. R. 3800
To amend the Congressional Budget and Impoundment Control Act of 1974 to
establish procedures for the expedited consideration by the Congress of
certain proposals by the President to rescind amounts of budget authority.
IN THE HOUSE OF REPRESENTATIVES
November 21, 1989
Mr. CARPER (for himself, Mrs. MARTIN of Illinois, Mr. JOHNSON of South
Dakota, Mr. ARMEY, Mr. GLICKMAN, Mr. FRENZEL, Mr. OWENS of Utah, Mr. MILLER
of Washington, Mrs. PATTERSON, Mr. PURSELL, Mr. PENNY, Mr. RIDGE, Mr. BRUCE,
Mr. PETRI, and Mr. DEFAZIO ) 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 Control Act of 1974 to
establish procedures for the expedited consideration by the Congress of
certain proposals by the President to rescind amounts of budget authority.
  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 Consideration of Proposed Rescissions
  Act of 1990'.
SEC. 2. MODIFICATION OF RESCISSION PROCESS.
  (a) CONTENTS OF SPECIAL MESSAGE- Subsection (a) of section 1012 of the
  Impoundment Control Act of 1974 (2 U.S.C. 683(a)) is amended by striking out
  `and' at the end of paragraph (4), by striking out the period and inserting
  `; and' at the end of paragraph (5), and by inserting after paragraph (5)
  the following new paragraph:
  `(6) in the case of budget authority proposed to be rescinded or reserved
  (including entitlement programs), language amending the law authorizing
  such programs to allow the programs to continue to function at the proposed
  new level of budget authority.'.
SEC. 3. EXPEDITED CONSIDERATION OF CERTAIN PROPOSED RESCISSIONS.
  (a) IN GENERAL- Part B of title X of the Congressional Budget and Impoundment
  Control Act of 1974 (2 U.S.C. 681 et seq.) is amended by redesignating
  sections 1013 through 1017 as sections 1014 through 1018, respectively,
  and inserting after section 1012 the following new section:
`EXPEDITED CONSIDERATION OF CERTAIN PROPOSED RESCISSIONS
  `SEC. 1013. (a) PROPOSED RESCISSION OF BUDGET AUTHORITY- In addition to
  the method of rescinding budget authority specified in section 1012,
  the President may propose, at the time and in the manner provided in
  subsection (b), the rescission of any budget authority provided in an
  appropriations Act.
  `(b) TRANSMITTAL OF SPECIAL MESSAGE-
  `(1) Not later than 3 days after the date on which the President approves
  an appropriation Act, the President may--
  `(A) transmit to the Congress a special message proposing to rescind
  amounts of budget authority provided in that Act; and
  `(B) transmit with that special message a draft bill or joint resolution
  that, if enacted, would rescind that budget authority.
  `(2) In the case of an appropriations Act that includes more than one of
  the regular 13 appropriations Acts, the President in proposing to rescind
  budget authority under this section shall send a separate special message
  and accompanying draft bill or joint resolution for each of the regular
  appropriations Acts contained therein.
  `(3) Each special message shall specify, with respect to the budget authority
  proposed to be rescinded, the matters referred to in paragraphs (1) through
  (6) of section 1012(a).
  `(c) LIMITATION ON AMOUNTS SUBJECT TO RESCISSION-
  `(1) The amount of budget authority which the President may propose to
  rescind in a special message under this section for a particular program,
  project, or activity for a fiscal year may not exceed--
  `(A) in the case of a continuing program, project, or activity, the amount
  by which the budget authority for that program, project, or activity for
  that fiscal year exceeds the budget authority for that program, project,
  or activity for the most recent fiscal year not covered by the proposed
  rescission; and
  `(B) in the case of the first fiscal year for which budget authority is
  provided for a program, project, or activity, 25 per cent of that budget
  authority.
  `(2) In the case of a special message transmitted with regard to an
  appropriation Act approved after the start of the fiscal year for which
  that Act makes appropriations, the limitations contained in paragraph (1)
  shall only apply to a program, project, or activity (or an expenditure
  therefor) that is previously authorized by law.
  `(d) PROCEDURES FOR EXPEDITED CONSIDERATION-
  `(1)(A) On the date on which a special message is transmitted to the Congress
  under subsection (b), or as soon thereafter as possible, the majority leader
  or minority leader of the House of the Congress in which the appropriation
  Act involved first originated shall introduce (by request) the draft bill
  or joint resolution accompanying that special message. If the bill or
  joint resolution is not introduced as provided in the preceding sentence,
  then any Member of that House may introduce the bill or joint resolution.
  `(B) The bill or joint resolution shall be referred to the Committee
  on Appropriations of that House. The committee shall report the bill
  or joint resolution without substantive revision and with or without
  recommendation. The bill or joint resolution shall be reported not later than
  the end of the period (not to exceed 7 days) established for consideration of
  the bill or joint resolution by the Speaker of the House of Representatives
  or the majority leader of the Senate, as the case may be. A committee
  failing to report the bill or joint resolution within such period shall be
  automatically discharged from consideration of the bill or joint resolution,
  and the bill or joint resolution shall be placed on the appropriate calendar.
  `(C) A vote on final passage of the bill or joint resolution shall be
  taken in that House on or before the close of the 10th calendar day of
  continuous session of the Congress after the date of the introduction of
  the bill or joint resolution in that House. If the bill or joint resolution
  is agreed to, the Clerk of the House of Representatives (in the case of a
  bill or joint resolution agreed to in the House of Representatives) or the
  Secretary of the Senate (in the case of a bill or joint resolution agreed
  to in the Senate) shall cause the bill or joint resolution to be engrossed,
  certified, and transmitted to the other House of the Congress on the same
  calendar day on which the bill or joint resolution is agreed to.
  `(2)(A) A bill or joint resolution transmitted to the House of
  Representatives or the Senate pursuant to paragraph (1)(C) shall be referred
  to the Committee on Appropriations of that House. The committee shall
  report the bill or joint resolution without substantive revision and with
  or without recommendation. The bill or joint resolution shall be reported
  not later than the end of the period (not to exceed 7 days) established
  for consideration of the bill or joint resolution by the Speaker of the
  House of Representatives or the majority leader of the Senate, as the
  case may be. A committee failing to report the bill or joint resolution
  within such period shall be automatically discharged from consideration
  of the bill or joint resolution, and the bill or joint resolution shall
  be placed upon the appropriate calendar.
  `(B) A vote on final passage of a bill or joint resolution transmitted to
  that House shall be taken on or before the close of the 10th calendar day
  of continuous session of the Congress after the date on which the bill or
  joint resolution is transmitted. If the bill or joint resolution is agreed
  to in that House, the Clerk of the House of Representatives (in the case of
  a bill or joint resolution agreed to in the House of Representatives) or the
  Secretary of the Senate (in the case of a bill or joint resolution agreed
  to in the Senate) shall cause the engrossed bill or joint resolution to be
  returned to the House in which the bill or joint resolution originated,
  together with a statement of the action taken by the House acting under
  this paragraph.
  `(3)(A) A motion in the House of Representatives to proceed to the
  consideration of a bill or joint resolution under this section shall be
  highly 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 House of Representatives on a bill or joint resolution
  under this section shall be limited to not more than 4 hours, which shall
  be divided equally between those favoring and those opposing the bill or
  joint resolution. A motion further to limit debate shall not be debatable
  and shall require an affirmative vote of two-thirds of the Members voting,
  a quorum being present. It shall not be in order to move to recommit a
  bill or joint resolution under this section or to move to reconsider the
  vote by which the bill or joint resolution is agreed to or disagreed to.
  `(C) All appeals from the decisions of the Chair relating to the application
  of the Rules of the House of Representatives to the procedure relating to a
  bill or joint resolution under this section shall be decided without debate.
  `(D) Except to the extent specifically provided in the preceding provisions
  of this subsection, consideration of a bill or joint resolution under this
  section shall be governed by the Rules of the House of Representatives
  applicable to other bills and joint resolutions in similar circumstances.
  `(4)(A) A motion in the Senate to proceed to the consideration of a bill or
  joint resolution 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 or joint resolution under this section,
  and all debatable motions and appeals in connection therewith, shall
  be limited to not more than 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 or joint resolution 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 or joint resolution, except that in
  the event the manager of the bill or joint resolution is in favor of any
  such motion or appeal, the time in opposition thereto, 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 or joint
  resolution, allot additional time to any Senator during the consideration
  of any debatable motion or appeal.
  `(D) A motion in the Senate to further limit debate on a bill or joint
  resolution under this section is not debatable. A motion to recommit a
  bill or joint resolution under this section is not in order.
  `(e) AMENDMENTS PROHIBITED- No amendment to a bill or joint resolution
  considered under this section shall be in order in either the House of
  Representatives or 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 for the Presiding Officer to entertain a request to suspend
  the application of this subsection by unanimous consent.
  `(f) REQUIREMENT TO MAKE AVAILABLE FOR OBLIGATION- Any amount of budget
  authority proposed to be rescinded in a special message transmitted to the
  Congress under subsection (b) shall be made available for obligation after
  the date on which the Congress fails to pass the bill or joint resolution
  transmitted with that special message.
  `(g) APPROPRIATION ACT DEFINED- For purposes of this section, the term
  `appropriation Act' means any general or special appropriation Act, and
  any Act or joint resolution making supplemental, deficiency, or continuing
  appropriations.'.
  (b) EXERCISE OF RULEMAKING POWERS- Section 904 of such Act (2 U.S.C. 621
  note) is amended--
  (1) by striking out `and 1017' in subsection (a) and inserting in lieu
  thereof `1013, and 1018'; and
  (2) by striking out `section 1017' in subsection (d) and inserting in lieu
  thereof `sections 1013 and 1018'; and
  (c) CONFORMING AMENDMENTS-
  (1) Paragraph (5) of section 1011 of such Act (2 U.S.C. 682(5)) is amended--
  (A) by striking out `1012, and' and inserting in lieu thereof `1012, the
  time periods referred to in subsections (d) and (e) of section 1013, and';
  (B) by striking out `1012 during' and inserting in lieu thereof `1012 or
  1013 during';
  (C) by striking out `of 45' and inserting in lieu thereof `of the applicable
  number of'; and
  (D) by striking out `45-day period referred to in paragraph (3) of this
  section and in section 1012' and inserting in lieu thereof `period or
  periods of time applicable under such section'.
  (2) Such section is further amended--
  (A) in paragraph (4), by striking out `1013' and inserting in lieu thereof
  `1014'; and
  (B) in paragraph (5)--
  (i) by striking out `1016' and inserting in lieu thereof `1017'; and
  (ii) by striking out `1017(b)(1)' and inserting in lieu thereof `1018(b)(1)'.
  (3) Section 1015 of such Act (as redesignated by section 3(a))(2 U.S.C. 685)
  is amended--
  (A) by striking out `1012 or 1013' each place it appears and inserting in
  lieu thereof `1012, 1013, or 1014';
  (B) in subsection (b)(1), by striking out `1012' and inserting in lieu
  thereof `1012 or 1013';
  (C) in subsection (b)(2), by striking out `1013' and inserting in lieu
  thereof `1014'; and
  (D) in subsection (e)(2)--
  (i) by striking out `and' at the end of subparagraph (A);
  (ii) by redesignating subparagraph (B) as subparagraph (C);
  (iii) by striking out `1013' in subparagraph (C) (as so redesignated)
  and inserting in lieu thereof `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'.
  (4) Section 1016 of such Act (as redesignated by section 3(a))(2 U.S.C. 686)
  is amended by striking out `1012 or 1013' each place it appears and
  inserting in lieu thereof `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 sections 1013 through 1017 as
  items relating to sections 1014 through 1018; and
  (2) by inserting after the item relating to section 1012 the following
  new item:
`Sec. 1013. Expedited consideration of certain proposed rescissions.'.
SEC. 4. APPLICATION.
  Section 1013 of the Congressional Budget and Impoundment Control Act of 1974
  (as added by section 3) shall apply to amounts of budget authority provided
  by appropriation Acts (as defined in subsection (g)(2) of such section)
  that are enacted after the date of the enactment of this Act.
SEC. 5. TERMINATION.
  The authority provided by section 1013 of the Congressional Budget and
  Impoundment Control Act of 1974 (as added by section 3) shall terminate
  effective on the date in 1992 on which the Congress adjourns sine die.