Budget Enforcement Legislative Tool Act of 2010 - Amends the Congressional Budget and Impoundment Control Act of 1974 to authorize the President to propose, at any time and in any manner provided in this Act, the rescission of any discretionary budget authority in an appropriation Act.
Prohibits funds made available for obligation under this procedure from being proposed for rescission again.
Sets forth requirements for: (1) the President's transmittal to Congress of a special message regarding a proposed rescission; and (2) expedited consideration of such proposal.
[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4921 Introduced in House (IH)]
111th CONGRESS
2d Session
H. R. 4921
To establish procedures for the expedited consideration by Congress of
certain proposals by the President to rescind amounts of budget
authority.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 24, 2010
Mr. Minnick (for himself, Ms. Herseth Sandlin, Mr. Matheson, Mr.
Shuler, Mr. Boyd, Mr. Tanner, Mr. Ross, Mr. Cardoza, Mr. Cooper, Ms.
Markey of Colorado, Mr. Childers, Mr. Pomeroy, Mr. Costa, Mr. Boren,
Mr. Barrow, Mr. Bright, Ms. Giffords, Mr. Davis of Tennessee, Mr.
Kratovil, Mr. Murphy of New York, Mr. Nye, Mr. Baca, Mr. Peterson, Mr.
Bishop of Georgia, Mr. Patrick J. Murphy of Pennsylvania, Mr. Schrader,
Mr. Cuellar, Mr. McIntyre, and Mr. Peters) 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 establish procedures for the expedited consideration by 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 ``Budget Enforcement Legislative Tool
Act of 2010''.
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 Discretionary Budget
Authority.--In addition to the method of rescinding discretionary
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 discretionary budget authority provided in an
appropriations 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 days after the date of enactment of
an appropriations Act subject to rescission under this section,
the President may transmit to Congress a special message
proposing to rescind amounts of discretionary budget authority
provided in that Act and include with that special message a
draft bill or joint resolution that, if enacted, would only
rescind that discretionary budget authority.
``(2) In the case of an Act that includes accounts within
the jurisdiction of more than one subcommittee of the Committee
on Appropriations, the President in proposing to rescind
discretionary budget authority under this section shall send a
separate special message and accompanying draft bill or joint
resolution for accounts within the jurisdiction of each such
subcommittee.
``(3) Each special message shall specify, with respect to
the discretionary budget authority proposed to be rescinded,
the matters referred to in paragraphs (1) through (5) of
section 1012(a).
``(c) Limitation on Amounts Subject to Rescission.--
``(1) The amount of discretionary 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 25 percent of the amount
appropriated for that program, project, or activity in that
Act.
``(2) The limitation contained in paragraph (1) shall only
apply to a program, project, or activity that is authorized by
law.
``(d) Procedures for Expedited Consideration.--
``(1)(A) Before the close of the second day of continuous
session of the applicable House 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 Congress
in which the Act involved 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, on the
third day of continuous session of that House after the date of
receipt of that special message, 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 seventh day of
continuous session of that House after the date of receipt of
that special message. If the Committee on Appropriations fails
to report the bill or joint resolution within that period, that
committee 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 that House
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 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 seventh day of continuous session of that
House after it receives the bill or joint resolution. 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 that House
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.
``(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 not exceed 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. 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) 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 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.
``(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 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 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 to suspend the application of this
subsection by unanimous consent.
``(f) Requirement To Make Available for Obligation.--Any amount of
discretionary budget authority proposed to be rescinded in a special
message transmitted to Congress under subsection (b) shall be made
available for obligation on the day after the date on which either
House defeats the bill or joint resolution transmitted with that
special message.
``(g) Definitions.--For purposes of this section--
``(1) continuity of a session of either House of Congress
shall be considered as broken only by an adjournment of that
House sine die, and the days on which that House is not in
session because of an adjournment of more than 3 days to a date
certain shall be excluded in the computation of any period; and
``(2) the term `discretionary budget authority' means the
dollar amount of discretionary budget authority and obligation
limitations--
``(A) specified in an appropriation law, or the
dollar amount of budget authority required to be
allocated by a specific proviso in an appropriation law
for which a specific dollar figure was not included;
``(B) represented separately in any table, chart,
or explanatory text included in the statement of
managers or the governing committee report accompanying
such law;
``(C) required to be allocated for a specific
program, project, or activity in a law (other than an
appropriation law) that mandates obligations from or
within accounts, programs, projects, or activities for
which budget authority or an obligation limitation is
provided in an appropriation law;
``(D) represented by the product of the estimated
procurement cost and the total quantity of items
specified in an appropriation law or included in the
statement of managers or the governing committee report
accompanying such law; or
``(E) represented by the product of the estimated
procurement cost and the total quantity of items
required to be provided in a law (other than an
appropriation law) that mandates obligations from
accounts, programs, projects, or activities for which
dollar amount of discretionary budget authority or an
obligation limitation is provided in an appropriation
law.''.
(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''.
(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 subsection (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 subsection (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.''.
(e) Application.--Section 1013 of the Congressional Budget and
Impoundment Control Act of 1974 (as added by subsection (a)) shall
apply to amounts of discretionary 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. 3. TERMINATION.
The authority provided by section 1013 of the Congressional Budget
and Impoundment Control Act of 1974 (as added by section 2) shall
terminate effective on the date in 2012 on which the Congress adjourns
sine die.
<all>
Introduced in House
Introduced in House
Referred to House Budget
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.
Referred to House Rules
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