[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 102 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                 S. 102

To provide an optional fast-track procedure the President may use when 
        submitting rescission requests, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

             January 25 (legislative day, January 5), 2011

    Mr. McCain (for himself, Mr. Carper, Mr. Portman, Mr. Udall of 
 Colorado, Mr. Coats, Mr. Bennet, Mr. Enzi, Mrs. McCaskill, Mr. Crapo, 
Ms. Klobuchar, Mr. Brown of Massachusetts, Mr. Johanns, Mr. Ensign, Mr. 
 Moran, Mr. Whitehouse, Mr. Coburn, Mr. Cardin, Mr. Begich, Mr. Risch, 
 Mr. Lieberman, Mr. Warner, Mr. Thune, and Mrs. Gillibrand) introduced 
the following bill; which was read twice and referred to the Committee 
                             on the Budget

_______________________________________________________________________

                                 A BILL


 
To provide an optional fast-track procedure the President may use when 
        submitting rescission requests, 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 AND PURPOSES.

    (a) Short Title.--This Act may be cited as the ``Reduce Unnecessary 
Spending Act of 2011''.
    (b) Purpose.--The purpose of this Act is to create an optional 
fast-track procedure the President may use when submitting rescission 
requests, which would lead to an up-or-down vote by Congress on the 
President's package of rescissions, without amendment.

SEC. 2. RESCISSIONS OF FUNDING.

    The Impoundment Control Act of 1974 is amended by striking part C 
and inserting the following:

       ``PART C--EXPEDITED CONSIDERATION OF PROPOSED RESCISSIONS

``SEC. 1021. APPLICABILITY AND DISCLAIMER.

    ``The rules, procedures, requirements, and definitions in this part 
apply only to executive and legislative actions explicitly taken under 
this part. They do not apply to actions taken under part B or to other 
executive and legislative actions not taken under this part.

``SEC. 1022. DEFINITIONS.

    ``In this part:
            ``(1) The terms `appropriations Act', `budget authority', 
        and `new budget authority' have the same meanings as in section 
        3 of the Congressional Budget Act of 1974.
            ``(2) The terms `account', `current year', `CBO', and `OMB' 
        have the same meanings as in section 250 of the Balanced Budget 
        and Emergency Deficit Control Act of 1985 as in effect on 
        September 30, 2002.
            ``(3) The term `days of session' shall be calculated by 
        excluding weekends and national holidays. Any day during which 
        a chamber of Congress is not in session shall not be counted as 
        a day of session of that chamber. Any day during which neither 
        chamber is in session shall not be counted as a day of session 
        of Congress.
            ``(4) The term `entitlement law' means the statutory 
        mandate or requirement of the United States to incur a 
        financial obligation unless that obligation is explicitly 
        conditioned on the appropriation in subsequent legislation of 
        sufficient funds for that purpose, and the Supplemental 
        Nutrition Assistance Program.
            ``(5) The term `funding' refers to new budget authority and 
        obligation limits except to the extent that the funding is 
        provided for entitlement law.
            ``(6) The term `rescind' means to eliminate or reduce the 
        amount of enacted funding.
            ``(7) 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.

``SEC. 1023. TIMING AND PACKAGING OF RESCISSION REQUESTS.

    ``(a) Timing.--If the President proposes that Congress rescind 
funding under the procedures in this part, OMB shall transmit a message 
to Congress containing the information specified in section 1024, and 
the message transmitting the proposal shall be sent to Congress not 
later than 45 calendar days after the date of enactment of the funding.
    ``(b) Packaging and Transmittal of Requested Rescissions.--Except 
as provided in subsection (c), for each piece of legislation that 
provides funding, the President shall request at most 1 package of 
rescissions and the rescissions in that package shall apply only to 
funding contained in that legislation. OMB 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. OMB 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.
    ``(c) Special Packaging Rules.--After enactment of--
            ``(1) a joint resolution making continuing appropriations;
            ``(2) a supplemental appropriations bill; or
            ``(3) an omnibus appropriations bill;
covering some or all of the activities customarily funded in more than 
1 regular appropriations bill, the President may propose as many as 2 
packages rescinding funding contained in that legislation, each within 
the 45-day period specified in subsection (a). OMB shall not include 
the same rescission in both packages, and, if the President requests 
the rescission of more than one discrete amount of funding under the 
jurisdiction of a single subcommittee, OMB shall include each of those 
discrete amounts in the same package.

``SEC. 1024. REQUESTS TO RESCIND FUNDING.

    ``For each request to rescind funding under this part, the 
transmittal message shall--
            ``(1) specify--
                    ``(A) the dollar amount to be rescinded;
                    ``(B) the agency, bureau, and account from which 
                the rescission shall occur;
                    ``(C) the program, project, or activity within the 
                account (if applicable) from which the rescission shall 
                occur;
                    ``(D) the amount of funding, if any, that would 
                remain for the account, program, project, or activity 
                if the rescission request is enacted; and
                    ``(E) the reasons the President requests the 
                rescission;
            ``(2) designate each separate rescission request by number; 
        and
            ``(3) include proposed legislative language to accomplish 
        the requested rescissions which may not include--
                    ``(A) any changes in existing law, other than the 
                rescission of funding; or
                    ``(B) any supplemental appropriations, transfers, 
                or reprogrammings.

``SEC. 1025. GRANTS OF AND LIMITATIONS ON PRESIDENTIAL AUTHORITY.

    ``(a) Presidential Authority To Withhold Funding.--Notwithstanding 
any other provision of law and if the President proposes a rescission 
of funding under this part, OMB may, subject to the time limits 
provided in subsection (c), temporarily withhold that funding from 
obligation.
    ``(b) Expedited Procedures Available Only Once Per Bill.--The 
President may not invoke the procedures of this part, or the authority 
to withhold funding granted by subsection (a), on more than 1 occasion 
for any Act providing funding.
    ``(c) Time Limits.--OMB 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 rescission request;
            ``(2) starting from the day on which OMB transmitted a 
        message to Congress requesting the rescission of funding, 25 
        calendar days in which the House of Representatives has been in 
        session or 25 calendar days in which the Senate has been in 
        session, whichever occurs second; or
            ``(3) the last day after which 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 repeal or cancellation, 
        and the applicable committees shall report revised 
        suballocations pursuant to section 302(b), as appropriate.

``SEC. 1026. CONGRESSIONAL CONSIDERATION OF RESCISSION REQUESTS.

    ``(a) Preparation of Legislation To Consider a Package of Expedited 
Rescission Requests.--
            ``(1) In general.--If the House of Representatives receives 
        a package of expedited rescission requests, the Clerk shall 
        prepare a House bill that only rescinds the amounts requested 
        which shall read as follows:
            ```There are enacted the rescissions numbered [insert 
        number or numbers] as set forth in the Presidential message of 
        [insert date] transmitted under part C of the Impoundment 
        Control Act of 1974 as amended.'
            ``(2) Exclusion procedure.--The Clerk shall include in the 
        bill each numbered rescission request listed in the 
        Presidential package in question, except that the Clerk shall 
        omit a numbered rescission request if the Chairman of the 
        Committee on the Budget of the House, after consulting with the 
        Chairman of the Committee on the Budget of the Senate, CBO, 
        GAO, and the House and Senate committees that have jurisdiction 
        over the funding, determines that the numbered rescission does 
        not refer to funding or includes matter not permitted under a 
        request to rescind funding.
    ``(b) Introduction and Referral of Legislation To Enact a Package 
of Expedited Rescissions.--The majority leader or the minority leader 
of the House or Representatives, or a designee, shall (by request) 
introduce each bill prepared under subsection (a) not later than 4 days 
of session of the House after its transmittal, or, if no such bill is 
introduced within that period, any member of the House may introduce 
the required bill in the required form on the fifth or sixth day of 
session of the House after its transmittal. If such an expedited 
rescission bill is introduced in accordance with the preceding 
sentence, it shall be referred to the House committee of jurisdiction. 
A copy of the introduced House bill shall be transmitted to the 
Secretary of the Senate, who shall provide it to the Senate committee 
of jurisdiction.
    ``(c) House Report and Consideration of Legislation To Enact a 
Package of Expedited Rescissions.--The House committee of jurisdiction 
shall report without amendment the bill referred to it under subsection 
(b) not more than 5 days of session of the House after the referral. 
The committee may order the bill reported favorably, unfavorably, or 
without recommendation. If the committee 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.
    ``(d) House Motion To Proceed.--
            ``(1) In general.--After a bill to enact an expedited 
        rescission package has been reported or the committee of 
        jurisdiction has been discharged under subsection (c), it shall 
        be in order to move to proceed to consider the bill in the 
        House. A Member who wishes to move to proceed to consideration 
        of the bill shall announce that fact, and the motion to proceed 
        shall be in order only during a time designated by the Speaker 
        within the legislative schedule for the next calendar day of 
        legislative session or the one immediately following it.
            ``(2) Failure to set time.--If the Speaker does not 
        designate a time under paragraph (1), 3 or more calendar days 
        of legislative session after the bill has been reported or 
        discharged, it shall be in order for any Member to move to 
        proceed to consider the bill.
            ``(3) Procedure.--A motion to proceed under this subsection 
        shall not be in order after the House has disposed of a prior 
        motion to proceed with respect to that package of expedited 
        rescissions. 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 
        has been disposed of shall not be in order.
            ``(4) Removal from calendar.--If 5 calendar days of 
        legislative session have passed since the bill was reported or 
        discharged under this subsection and no Member has made a 
        motion to proceed, the bill shall be removed from the calendar.
    ``(e) House Consideration.--
            ``(1) Considered as read.--A bill consisting of a package 
        of rescissions under this part shall be considered as read.
            ``(2) Points of order.--All points of order against the 
        bill are waived, except that a point of order may be made that 
        1 or more numbered rescissions included in the bill would enact 
        language containing matter not requested by the President or 
        not permitted under this part as part of that package. If the 
        Presiding Officer sustains such a point of order, the numbered 
        rescission or rescissions that would enact such language are 
        deemed to be automatically stripped from the bill and 
        consideration proceeds on the bill as modified.
            ``(3) Previous question.--The previous question shall be 
        considered as ordered on the bill to its passage without 
        intervening motion, except that 4 hours of debate equally 
        divided and controlled by a proponent and an opponent are 
        allowed, as well as 1 motion to further limit debate on the 
        bill.
            ``(4) Motion to reconsider.--A motion to reconsider the 
        vote on passage of the bill shall not be in order.
    ``(f) Senate Consideration.--
            ``(1) Referral.--If the House of Representatives approves a 
        House bill enacting a package of rescissions, that bill as 
        passed by the House shall be sent to the Senate and referred to 
        the Senate committee of jurisdiction.
            ``(2) Committee action.--The committee of jurisdiction 
        shall report without amendment the bill referred to it under 
        this subsection not later than 3 days of session of the Senate 
        after the referral. The committee may order the bill reported 
        favorably, unfavorably, or without recommendation.
            ``(3) Discharge.--If the committee has not reported the 
        bill by the end of the 3-day period, the committee shall be 
        automatically discharged from further consideration of the bill 
        and it shall be placed on the appropriate calendar.
            ``(4) Motion to proceed.--On the following day and for 3 
        subsequent calendar days in which the Senate is in session, it 
        shall be in order for any Senator to move to proceed to 
        consider the bill in the Senate. Upon such a motion being made, 
        it shall be deemed to have been agreed to and the motion to 
        reconsider shall be deemed to have been laid on the table.
            ``(5) Debate.--Debate 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. Debate in the Senate on any 
        debatable motion or appeal in connection with such a bill shall 
        be limited to not more than 1 hour, to be equally divided and 
        controlled in the usual form. A motion to further limit debate 
        on such a bill is not debatable.
            ``(6) Motions not in order.--A motion to amend such a bill 
        or strike a provision from it is not in order. A motion to 
        recommit such a bill is not in order.
    ``(g) Senate Point of Order.--It shall not be in order under this 
part for the Senate to consider a bill approved by the House enacting a 
package of rescissions under this part if any numbered rescission in 
the bill would enact matter not requested by the President or not 
permitted under this Act as part of that package. If a point of order 
under this subsection is sustained, the bill may not be considered 
under this part.''.

SEC. 3. TECHNICAL AND CONFORMING AMENDMENTS.

    (a) Table of Contents.--Section 1(b) of the Congressional Budget 
and Impoundment Control Act of 1974 is amended by striking the matter 
for part C of title X and inserting the following:

       ``PART C--Expedited Consideration of Proposed Rescissions

``Sec. 1021. Applicability and disclaimer.
``Sec. 1022. Definitions.
``Sec. 1023. Timing and packaging of rescission requests.
``Sec. 1024. Requests to rescind funding.
``Sec. 1025. Grants of and limitations on presidential authority.
``Sec. 1026. Congressional consideration of rescission requests.''.
    (b) Temporary Withholding.--Section 1013(c) of the Impoundment 
Control Act of 1974 is amended by striking ``section 1012'' and 
inserting ``section 1012 or section 1025''.
    (c) Rulemaking.--
            (1) 904(a).--Section 904(a) of the Congressional Budget Act 
        of 1974 is amended by striking ``and 1017'' and inserting 
        ``1017, and 1026''.
            (2) 904(d)(1).--Section 904(d)(1) of the Congressional 
        Budget Act of 1974 is amended by striking ``1017'' and 
        inserting ``1017 or 1026''.

SEC. 4. AMENDMENTS TO PART A OF THE IMPOUNDMENT CONTROL ACT.

    (a) In General.--Part A of the Impoundment Control Act of 1974 is 
amended by inserting at the end the following:

``SEC. 1002. SEVERABILITY.

    ``If the judicial branch of the United States finally determines 
that 1 or more of the provisions of parts B or C violate the 
Constitution of the United States, the remaining provisions of those 
parts shall continue in effect.''.
    (b) Table of Contents.--Section 1(b) of the Congressional Budget 
and Impoundment Control Act of 1974 is amended by inserting at the end 
of the matter for part A of title X the following:

``Sec. 1002. Severability.''.

SEC. 5. EXPIRATION.

    Part C of the Impoundment Control Act of 1974 (as amended by this 
Act) shall expire on December 31, 2015.
                                 <all>