[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4600 Introduced in House (IH)]

103d CONGRESS
  2d Session
                                H. R. 4600

 To amend the Congressional Budget and Impoundment Control Act of 1974 
    to provide for the expedited consideration of certain proposed 
                    rescissions of budget authority.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 17, 1994

Mr. Spratt introduced the following bill; which was referred jointly to 
           the Committees on Government Operations and Rules

_______________________________________________________________________

                                 A BILL


 
 To amend the Congressional Budget and Impoundment Control Act of 1974 
    to provide for the expedited consideration of certain proposed 
                    rescissions 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 Rescissions Act of 1994''.

SEC. 2. 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 appropriation Act. Funds made available for obligation 
under this procedure may not be proposed for rescission again under 
this section or section 1012.
    ``(b) Transmittal of Special Message.--
            ``(1) Not later than 3 calendar days after the date of 
        enactment of an appropriation Act, the President may transmit 
        to Congress one special message proposing to rescind amounts of 
        budget authority provided in that Act and include with that 
        special message a draft bill that, if enacted, would only 
        rescind that budget authority. That bill shall clearly identify 
        the amount of budget authority that is proposed to be rescinded 
        for each program, project, or activity to which that budget 
        authority relates.
            ``(2) In the case of an appropriation Act that includes 
        accounts within the jurisdiction of more than one subcommittee 
        of the Committee on Appropriations, the President in proposing 
        to rescind budget authority under this section shall send a 
        separate special message and accompanying draft bill for 
        accounts within the jurisdiction of each such subcommittee.
            ``(3) Each special message shall specify, with respect to 
        the budget authority proposed to be rescinded, the matters 
        referred to in paragraphs (1) through (5) of section 1012(a).
    ``(c) Procedures for Expedited Consideration.--
            ``(1)(A) Before the close of the second legislative day of 
        the House of Representatives after the date of receipt of a 
        special message transmitted to Congress under subsection (b), 
        the majority leader or minority leader of the House of 
        Representaitves shall introduce (by request) the draft bill 
        accompanying that special message. If the bill is not 
        introduced as provided in the preceding sentence, then, on the 
        third legislative day of the House of Representatives after the 
        date of receipt of that special message, any Member of that 
        House may introduce the bill.
            ``(B)(i) The bill shall be referred to the Committee on 
        Appropriations of the House of Representatives. The committee 
        shall report the bill without substantive revision, and with or 
        without recommendation. The bill shall be reported not later 
        than the seventh legislative day of that House after the date 
        of receipt of that special message. If the Committee on 
        Appropriations fails to report the bill within that period, 
        that committee shall be automatically discharged from 
        consideration of the bill, and the bill shall be placed on the 
        appropriate calendar.
            ``(ii) The Committee on Appropriations may report to the 
        House, within the 7-legislative day period described in clause 
        (i), an alternative bill which--
                    ``(I) contains only rescissions to the same 
                appropriation Act as the bill for which it is an 
                alternative; and
                    ``(II) which rescinds an aggregate amount of budget 
                authority equal to or greater than the aggregate amount 
                of budget authority rescinded in the bill for which it 
                is an alternative.
            ``(C) A vote on final passage of the bill referred to in 
        subparagraph (B)(i) shall be taken in the House of 
        Representatives on or before the close of the 10th legislative 
        day of that House after the date of the introduction of the 
        bill in that House. If the bill is passed, the Clerk of the 
        House of Representatives shall cause the bill to be engrossed, 
        certified, and transmitted to the Senate within one calendar 
        day of the day on which the bill is passed.
            ``(D) Upon rejection of the bill described in subparagraph 
        (B)(i) on final passage, a motion in the House to proceed to 
        consideration of the alternative bill reported from the 
        Committee on Appropriations under subparagraph (B)(ii) shall be 
        highly privileged and not debatable.
            ``(E) A vote on final passage of the bill referred to in 
        subparagraph (B)(ii) shall be taken in the House of 
        Representatives on or before the close of the 11th legislative 
        day of that House after the date of the introduction of the 
        bill in that House for which it is an alternative. If the bill 
        is passed, the Clerk of the House of Representatives shall 
        cause the bill to be engrossed, certified, and transmitted to 
        the Senate within one calendar day of the day on which the bill 
        is passed.
            ``(2)(A) A motion in the House of Representatives to 
        proceed to the consideration of a bill 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 
        under this section shall not exceed 4 hours, which shall be 
        divided equally between those favoring and those opposing the 
        bill. A motion further to limit debate shall not be debatable. 
        It shall not be in order to move to recommit a bill under this 
        section or to move to reconsider the vote by which the bill is 
        agreed to or disagreed to.
            ``(C) Appeals from decisions of the Chair relating to the 
        application of the Rules of the House of Representatives to the 
        procedure relating to a bill under this section shall be 
        decided without debate.
            ``(3)(A) A bill transmitted to the Senate pursuant to 
        paragraph (1) (C) or (E) shall be referred to its Committee on 
        Appropriations. The committee shall report the bill either 
        without substantive revision or with an amendment in the nature 
        of a substitute, and with or without recommendation. The bill 
        shall be reported not later than the seventh legislative day of 
        the Senate after it receives the bill. A committee failing to 
        report the bill within such period shall be automatically 
        discharged from consideration of the bill, and the bill shall 
        be placed upon the appropriate calendar.
            ``(B) A vote on final passage of a bill transmitted to the 
        Senate shall be taken on or before the close of the 10th 
        legislative day of the Senate after the date on which the bill 
        is transmitted.
            ``(4)(A) A motion in the Senate to proceed to the 
        consideration of a bill under this section shall be privileged 
        and not debatable. An amendment to the motion shall not be in 
        order, nor shall it be in order to move to reconsider the vote 
        by which the motion is agreed to or disagreed to.
            ``(B) Debate in the Senate on a bill under this section, 
        and all amendments thereto and all debatable motions and 
        appeals in connection therewith, shall not exceed 10 hours. The 
        time shall be equally divided between, and controlled by, the 
        majority leader and the minority leader or their designees.
            ``(C) Debate in the Senate on any debatable motion or 
        appeal in connection with a bill under this section shall be 
        limited to not more than 1 hour, to be equally divided between, 
        and controlled by, the mover and the manager of the bill, 
        except that in the event the manager of the bill is in favor of 
        any such motion or appeal, the time in opposition 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, 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 under this section is not debatable. A motion to recommit 
        a bill under this section is not in order.
    ``(d) Amendments and Divisions Generally Prohibited.--(1) Except as 
provided by paragraph (2), no amendment to a bill considered under this 
section or to a substitute amendment referred to in paragraph (2) shall 
be in order in either the House of Representatives or the Senate. It 
shall not be in order to demand a division of the question in the House 
of Representatives (or in a Committee of the Whole) or in the Senate. 
No motion to suspend the application of this subsection shall be in 
order in either House, nor shall it be in order in either House to 
suspend the application of this subsection by unanimous consent.
    ``(2)(A) It shall be in order in the Senate to consider an 
amendment in the nature of a substitute reported by the Committee on 
Appropriations under subsection (c)(3)(A) that complies with 
subparagraph (B).
    ``(B) It shall only be in order in the Senate to consider any 
amendment described in subparagraph (A) if--
            ``(i) the amendment contains only rescissions to the same 
        appropriation Act as the bill that it is amending contained; 
        and
            ``(ii) the aggregate amount of budget authority rescinded 
        equals or exceeds the aggregate amount of budget authority 
        rescinded in the bill that it is amending;
unless that amendment consists solely of the text of the bill as 
introduced in the House of Representatives that makes rescissions to 
carry out the applicable special message of the President.
    ``(C) It shall not be in order in the Senate to consider a bill or 
an amendment in the nature of a substitute reported by the Committee on 
Appropriations under subsection (c)(3)(A) unless the Senate has voted 
upon and rejected an amendment in the nature of a substitute consisting 
solely of the text of the bill as introduced in the House of 
Representatives that makes rescissions to carry out the applicable 
special message of the President.
    ``(e) Requirement to Make Available for Obligation.--Any amount of 
budget authority proposed to be rescinded in a special message 
transmitted to Congress under subsection (b) shall be made available 
for obligation on the earlier of--
            ``(1) the day after the date upon which the House of 
        Representatives defeats the text of the bill transmitted with 
        that special message rescinding the amount proposed to be 
        rescinded and (if reported by the Committee on Appropriations) 
        the alternative bill; or
            ``(2) the day after the date upon which the Senate rejects 
        a bill or amendment in the nature of a substitute consisting 
        solely of the text of the bill as introduced in the House of 
        Representatives that makes rescissions to carry out the 
        applicable special message of the President.
    ``(f) Definitions.--For purposes of this section--
            ``(1) the term `appropriation Act' means any general or 
        special appropriation Act, and any Act or joint resolution 
        making supplemental, deficiency, or continuing appropriations; 
        and
            ``(2) the term `legislative day' means, with respect to 
        either House of Congress, any calendar day during which that 
        House is in session.''.
    (b) Exercise of Rulemaking Powers.--Section 904 of such Act (2 
U.S.C. 621 note) is amended--
            (1) by striking ``and 1017'' in subsection (a) and 
        inserting ``1013, and 1018''; and
            (2) by striking ``section 1017'' in subsection (d) and 
        inserting ``sections 1013 and 1018''; and
    (c) Conforming Amendments.--
            (1) Section 1011 of such Act (2 U.S.C. 682(5)) is amended--
                    (A) in paragraph (4), by striking ``1013'' and 
                inserting ``1014''; and
                    (B) in paragraph (5)--
                            (i) by striking ``1016'' and inserting 
                        ``1017''; and
                            (ii) by striking ``1017(b)(1)'' and 
                        inserting ``1018(b)(1)''.
            (2) Section 1015 of such Act (2 U.S.C. 685) (as 
        redesignated by section 2(a)) is amended--
                    (A) by striking ``1012 or 1013'' each place it 
                appears and inserting ``1012, 1013, or 1014'';
                    (B) in subsection (b)(1), by striking ``1012'' and 
                inserting ``1012 or 1013'';
                    (C) in subsection (b)(2), by striking ``1013'' and 
                inserting ``1014''; and
                    (D) in subsection (e)(2)--
                            (i) by striking ``and'' at the end of 
                        subparagraph (A);
                            (ii) by redesignating subparagraph (B) as 
                        subparagraph (C);
                            (iii) by striking ``1013'' in subparagraph 
                        (C) (as so redesignated) and inserting 
                        ``1014''; and
                            (iv) by inserting after subparagraph (A) 
                        the following new subparagraph:
                    ``(B) he has transmitted a special message under 
                section 1013 with respect to a proposed rescission; 
                and''.
            (3) Section 1016 of such Act (2 U.S.C. 686) (as 
        redesignated by section 2(a)) is amended by striking ``1012 or 
        1013'' each place it appears and inserting ``1012, 1013, or 
        1014''.
    (d) Clerical Amendments.--The table of sections for subpart B of 
title X of such Act is amended--
            (1) by redesignating the items relating to 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. 3. APPLICATION.

    (a) In General.--Section 1013 of the Congressional Budget and 
Impoundment Control Act of 1974 (as added by section 2) shall apply to 
amounts of budget authority provided by appropriation Acts (as defined 
in subsection (f) of such section) that are enacted during the One 
Hundred Third Congress.
    (b) Special Transition Rule.--Within 3 calendar days after the 
beginning of the One Hundred Fourth Congress, the President may 
retransmit a special message, in the manner provided in section 1013(b) 
of the Congressional Budget and Impoundment Control Act of 1974 (as 
added by section 2), proposing to rescind only those amounts of budget 
authority that were contained in any special message to the One Hundred 
Third Congress which that Congress failed to consider because of its 
sine die adjournment before the close of the time period set forth in 
such section 1013 for consideration of those proposed rescissions. A 
draft bill shall accompany that special message that, if enacted, would 
only rescind that budget authority. Before the close of the second 
legislative day of the House of Representatives after the date of 
receipt of that special message, the majority leader or minority leader 
of the House of Representatives shall introduce (by request) the draft 
bill accompanying that special message. If the bill is not introduced 
as provided in the preceding sentence, then, on the third legislative 
day of the House of Representatives after the date of receipt of that 
special message, any Member of that House may introduce the bill. The 
House of Representatives and the Senate shall proceed to consider that 
bill in the manner provided in such section 1013.

SEC. 4. TERMINATION.

    The authority provided by section 1013 of the Congressional Budget 
and Impoundment Control Act of 1974 (as added by section 2) shall 
terminate 2 years after the date of enactment of this Act.

SEC. 5. JUDICIAL REVIEW.

    (a) Expedited Review.--
            (1) Any Member of Congress may bring an action, in the 
        United States District Court for the District of Columbia, for 
        declaratory judgment and injunctive relief on the ground that 
        any provision of section 1013 (as added by section 2) violates 
        the Constitution.
            (2) A copy of any complaint in an action brought under 
        paragraph (1) shall be promptly delivered to the Secretary of 
        the Senate and the Clerk of the House of Representatives, and 
        each House of Congress shall have the right to intervene in 
        such action.
            (3) Any action brought under paragraph (1) shall be heard 
        and determined by a three-judge court in accordance with 
        section 2284 of title 28, United States Code.
Nothing in this section or in any other law shall infringe upon the 
right of the House of Representatives to intervene in an action brought 
under paragraph (1) without the necessity of adopting a resolution to 
authorize such intervention.
    (b) Appeal to Supreme Court.--Notwithstanding any other provision 
of law, any order of the United States District Court for the District 
of Columbia which is issued pursuant to an action brought under 
paragraph (1) of subsection (a) shall be reviewable by appeal directly 
to the Supreme Court of the United States. Any such appeal shall be 
taken by a notice of appeal filed within 10 days after such order is 
entered; and the jurisdictional statement shall be filed within 30 days 
after such order is entered. No stay of an order issued pursuant to an 
action brought under paragraph (1) of subsection (a) shall be issued by 
a single Justice of the Supreme Court.
    (c) Expedited Consideration.--It shall be the duty of the District 
Court for the District of Columbia and the Supreme Court of the United 
States to advance on the docket and to expedite to the greatest 
possible extent the disposition of any matter brought under subsection 
(a).

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