    [Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 113th Congress]
    [113rd Congress]
    [House Document 112-161]
    [Legislate Procedures Enacted in Law]
    [Pages 1138-1145]
    [From the U.S. Government Publishing Office, www.gpo.gov]

     6. Title X of the Congressional Budget and Impoundment Control Act of

                                      1974

                 a. impoundment control, Sec. Sec. 1011-13, 1017

                             [2 U.S.C. 682-84, 688]

                                   definitions

      Sec. 1011. For purposes of this part--

              (1) ``deferral of budget authority'' includes--

                      (A) withholding or delaying the obligation 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;

              (2) ``Comptroller General'' means the Comptroller General of

            the United States;

              (3) ``rescission bill'' means a bill or joint resolution which

            only rescinds, in whole or in part, budget authority proposed to

            be rescinded in a special message transmitted by the President

            under section 1012, and upon which the Congress completes action

            before the end of the first period of 45 calendar days of

            continuous session of the Congress after the date on which the

            President's message is received by the Congress;

              (4) ``impoundment resolution'' means a resolution of the House

            of Representatives or the Senate which only expresses its

    [[Page 1139]]

            disapproval of a proposed deferral

            of budget authority set forth in a special message transmitted

            by the President under section 1013; and

              (5) continuity of a session of the Congress shall be

            considered as broken only by an adjournment of the Congress sine

            die, and the days on which either House is not in session

            because of an adjournment of more than 3 days to a day certain

            shall be excluded in the computation of the 45-day period

            referred to in paragraph (3) of this section and in section

            1012, and the 25-day periods referred to in sections 1016 and

            1017(b)(1). If a special message is transmitted under section

            1012 during any Congress and the last session of such Congress

            adjourns sine die before the expiration of 45 calendar days of

            continuous session (or a special message is so transmitted after

            the last session of the Congress adjourns sine die), the message

            shall be deemed to have been retransmitted on the first day of

            the succeeding Congress and the 45-day period referred to in

            paragraph (3) of this section and in section 1012 (with respect

            to such message) shall commence on the day after such first day.

                         rescission of budget authority

      Sec. 1012. (a) transmittal of special message.--Whenever the President
    determines that all or part of any budget authority will not be required
    to carry out the full objectives or scope of programs for which it is
    provided or that such budget authority should be rescinded for fiscal
    policy or other reasons (including the termination of authorized
    projects or activities for which budget authority has been provided), or
    whenever all or part of budget authority provided for only one fiscal
    year is to be reserved from obligation for such fiscal year, the
    President shall transmit to both Houses of Congress a special message
    specifying--

              (1) the amount of budget authority which he proposes to be

            rescinded or which is to be so reserved;

              (2) any account, department, or establishment of the

            Government to which such budget authority is available for

            obligation, and the specific project or governmental functions

            involved;

              (3) the reasons why the budget authority should be rescinded

    [[Page 1140]]

            or is to be so reserved;

              (4) to the maximum extent practicable, the estimated fiscal,

            economic, and budgetary effect of the proposed rescission or of

            the reservation; and

              (5) all facts, circumstances, and considerations relating to

            or bearing upon the proposed rescission or the reservation and

            the decision to effect the proposed rescission or the

            reservation, and to the maximum extent practicable, the

            estimated effect of the proposed rescission or the reservation

            upon the objects, purposes, and programs for which the budget

            authority is provided.

      (b) requirement to make available for obligation.--Any amount of
    budget authority proposed to be rescinded or that is to be reserved as
    set forth in such special message shall be made available for obligation
    unless, within the prescribed 45-day period, the Congress has completed
    action on a rescission bill rescinding all or part of the amount
    proposed to be rescinded or that is to be reserved. Funds made available
    for obligation under this procedure may not be proposed for rescission
    again.

                     proposed deferrals of budget authority

      Sec. 1013. (a) transmittal of special message.--Whenever the
    President, the Director of the Office of Management and Budget, the head
    of any department or agency of the United States, or any officer or
    employee of the United States proposes to defer any budget authority
    provided for a specific purpose or project, the President shall transmit
    to the House of Representatives and the Senate a special message
    specifying--

              (1) The amount of the budget authority proposed to be

            deferred;

              (2) any account, department, or establishment of the

            Government to which such budget authority is available for

            obligation, and the specific projects or governmental functions

            involved;

              (3) the period of time during which the budget authority is

            proposed to be deferred;

              (4) the reasons for the proposed deferral, including any legal

            authority invoked to justify the proposed deferral;

              (5) to the maximum extent practicable, the estimated fiscal,

    [[Page 1141]]

            economic, and budgetary effect of the proposed deferral; and

              (6) all facts, circumstances, and considerations relating to

            or bearing upon the proposed deferral and the decision to effect

            the proposed deferral, including an analysis of such facts,

            circumstances, and considerations in terms of their application

            to any legal authority, including specific elements of legal

            authority, invoked to justify such proposed deferral, and to the

            maximum extent practicable, the estimated effect of the proposed

            deferral upon the objects, purposes, and programs for which the

            budget authority is provided.
    A special message may include one or more proposed deferrals of budget
    authority. A deferral may not be proposed for any period of time
    extending beyond the end of the fiscal year in which the special message
    proposing the deferral is transmitted to the House and the Senate.

      (b) consistency with legislative policy.--Deferrals shall be
    permissible only--

              (1) to provide for contingencies;

              (2) to achieve savings made possible by or through changes in

            requirements or greater efficiency of operations; or

              (3) as specifically provided by law.
    No officer or employee of the United States may defer any budget
    authority for any other purpose.

      (c) exception.--The provisions of this section do not apply to any
    budget authority proposed to be rescinded or that is to be reserved as
    set forth in a special message required to be transmitted under section
    1012.

                                      * * *

                          procedure in house and senate

      Sec. 1017. (a) referral.--Any rescission bill introduced with respect
    to a special message or impoundment resolution introduced with respect
    to a proposed deferral of budget authority shall be referred to the
    appropriate committee of the House of Representatives or the Senate, as
    the case may be.

    [[Page 1142]]

    cial message or impoundment resolution with respect to the same proposed
    deferral, as the case may be, which has been referred to the committee.
      (b) discharge of committee.--(1) If the committee of which a
    rescission bill or impoundment resolution has been referred has not
    reported it at the end of 25 calendar days of continuous session of the
    Congress after its introduction, it is in order to move either to
    discharge the committee from further consideration of the bill or
    resolution or to discharge the committee from further consideration of
    any other rescission bill with respect to the same spe

      (2) A motion to discharge may be made only by an individual favoring
    the bill or resolution, may be made only if supported by one-fifth of
    the Members of the House involved (a quorum being present), and is
    highly privileged in the House and privileged in the Senate (except that
    it may not be made after the committee has reported a bill or resolution
    with respect to the same special message or the same proposed deferral,
    as the case may be); and debate thereon shall be limited to not more
    than 1 hour, the time to be divided in the House equally between those
    favoring and those opposing the bill or resolution, and to be divided in
    the Senate equally between, and controlled by, the majority leader and
    the minority leader or their designees. An amendment to the motion is
    not in order, and it is not in order to move to reconsider the vote by
    which the motion is agreed to or disagreed to.

      (c) floor consideration in the house.--(1) When the committee of the
    House of Representatives has reported, or has been discharged from
    further consideration of, a rescission bill or impoundment resolution,
    it shall at any time thereafter be in order (even though a previous
    motion to the same effect has been disagreed to) to move to proceed to
    the consideration of the bill or resolution. The motion 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.

      (2) Debate on a rescission bill or impoundment resolution shall be
    limited to not more than 2 hours, which shall be divided equally between
    those favoring and those opposing the bill or resolution. A motion
    further to limit debate shall not be debatable. In the case of an
    impoundment resolution, no amendment to, or motion to recommit, the
    resolution shall be in order. It shall not be in order to move to
    reconsider the vote by which a rescission bill or impoundment resolution
    is agreed to or disagreed to.

      (3) Motions to postpone, made with respect to the consideration of a
    rescission bill or impoundment resolution, and motions to proceed to the
    consideration of other business, shall be decided without debate.

    [[Page 1143]]

    tives to the procedure relating to any rescission bill or impoundment
    resolution shall be decided without debate.
      (4) All appeals from the decisions of the Chair relating to the
    application of the Rules of the House of Representa

      (5) Except to the extent specifically provided in the preceding
    provisions of this subsection, consideration of any rescission bill or
    impoundment resolution and amendments thereto (or any conference report
    thereon) shall be governed by the Rules of the House of Representatives
    applicable to other bills and resolutions, amendments, and conference
    reports in similar circumstances.

      (d) floor consideration in the senate.--(1) Debate in the Senate on
    any rescission bill or impoundment resolution, and all amendments
    thereto (in the case of a rescission bill) and 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.

      (2) Debate in the Senate on any amendment to a rescission bill shall
    be limited to 2 hours, to be equally divided between, and controlled by,
    the mover and the manager of the bill. Debate on any amendment to an
    amendment, to such a bill, and debate on any debatable motion or appeal
    in connection with such a bill or an impoundment resolution shall be
    limited to 1 hour, to be equally divided between, and controlled by, the
    mover and the manager of the bill or resolution, except that in the
    event the manager of the bill or resolution is in favor of any such
    amendment, motion, or appeal, the time in opposition thereto, shall be
    controlled by the minority leader or his designee. No amendment that is
    not germane to the provisions of a rescission bill shall be received.
    Such leaders, or either of them, may, from the time under their control
    on the passage of a rescission bill or impoundment resolution, allot
    additional time to any Senator during the consideration of any
    amendment, debatable motion, or appeal.

    [[Page 1144]]

      (3) A motion to further limit debate is not debatable. In the case of
    a rescission bill, a motion to recommit (except a motion to recommit
    with instructions to report back within a specified number of days, not
    to exceed 3, not counting any day on which the Senate is not in session)
    is not in order. Debate on any such motion to recommit shall be limited
    to one hour, to be equally divided between, and controlled by, the mover
    and the manager of the concurrent resolution. In the case of an
    impoundment resolution, no amendment or motion to recommit is in order.

      (4) The conference report on any rescission bill shall be in order in
    the Senate at any time after the third day (excluding Saturdays,
    Sundays, and legal holidays) following the day on which such a
    conference report is reported and is available to Members of the Senate.
    A motion to proceed to the consideration of the conference report may be
    made even though a previous motion to the same effect has been disagreed
    to.

      (5) During the consideration in the Senate of the conference report on
    any rescission bill, debate shall be limited to 2 hours, to be equally
    divided between, and controlled by, the majority leader and minority
    leader or their designees. Debate on any debatable motion or appeal
    related to the conference report shall be limited to 30 minutes, to be
    equally divided between, and controlled by, the mover and the manager of
    the conference report.

      (6) Should the conference report be defeated, debate on any request
    for a new conference and the appointment of conferees shall be limited
    to one hour, to be equally divided, between, and controlled by, the
    manager of the conference report and the minority leader or his
    designee, and should any motion be made to instruct the conferees before
    the conferees are named, debate on such motion shall be limited to 30
    minutes, to be equally divided between, and controlled by, the mover and
    the manager of the conference report. Debate on any amendment to any
    such instructions shall be limited to 20 minutes, to be equally divided
    between, and controlled by the mover and the manager of the conference
    report. In all cases when the manager of the conference report is in
    favor of any motion, appeal, or amendment, the time in opposition shall
    be under the control of the minority leader or his designee.

      (7) In any case in which there are amendments in disagreement, time on
    each amendment shall be limited to 30 minutes, to be equally divided
    between, and controlled by, the manager of the conference report and the
    minority leader or his designee. No amendment that is not germane to the
    provisions of such amendments shall be received.

    [[Page 1145]]

    consideration of the bill in the House (Speaker Albert, Mar. 25, 1975,
    pp. 8484-85).
      The privileged status given in section 1017(c)(1) to rescission bills
    within the 45-day period prescribed in section 1011 applies only to the
    initial consideration of the bill in the House, and consideration of a
    conference report on any bill containing rescissions of budget authority
    is subject only to the general rules of the House relating to conference
    reports and is not prevented by the expiration of the 45-day period
    following the initial

                                                               Sec. 1130(6B)

                 b. line item veto authority, Sec. Sec. 1021-27

                               [2 U.S.C. 691-91f]

                            line item veto authority

      In Clinton v. City of New York, 524 U.S. 417 (1998), the Supreme Court
    held that the cancellation procedures of the Line Item Veto Act violated
    the presentment clause of article I, section 7 of the Constitution.
    During the period between the January 1, 1997, effective date of the Act
    and the Court decision, the President exercised his authority under the
    Act to cancel dollar amounts of discretionary budget authority (see
    e.g., H. Doc. 105-147), new direct spending (H. Doc. 105-115), and
    limited tax benefits (H. Doc. 105-116). Cancellations were effective
    unless disapproved by law (P.L. 105-159). Although the congressional
    review procedures remain in the law, the Court's decision makes it
    unlikely that they will be invoked. Accordingly their text is omitted
    here but may be found in pp. 1029-45 of the House Rules and Manual for
    the 105th Congress. The procedures may be summarized as follows: The
    cancellations were transmitted to the Congress by the President by a
    special message within five calendar days after the enactment of the law
    to which the cancellation applied. The Act provided for a congressional
    review period of 30 calendar days of session with expedited House
    consideration of bills disapproving the cancellations including: (1)
    prescribing the text (section 1026(6)); (2) referral to committee with
    directions to report within seven calendar days subject to a motion to
    discharge (section 1025(d)); (3) consideration of a disapproval bill in
    the Committee of the Whole with no amendment in order (except that a
    Member, supported by 49 other Members, could offer an amendment striking
    cancellations from the bill), and consideration of the bill for
    amendment limited to one hour (section 1025(d)); and (4) one-calendar-
    day availability for a conference report (section 1025(f)). The Act also
    provided for expedited procedures in the Senate, and was to have no
    force or effect after January 1, 2005.

                                                                Sec. 1130(7)