[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)''.
                                 <all>