H. R. 1043
To provide an optional fast-track procedure the President may use
when submitting rescission requests, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
March 11, 2011
Mr. VAN HOLLEN (for himself, Mr. CONNOLLY of Virginia, Mr. WELCH, Mr. MCGOVERN,
Mr. MATHESON, Mr. OWENS, Mr. SHULER, Mr. COOPER, Mr. BOSWELL, Mr. SCHRADER,
Mr. PETERS, Mr. QUIGLEY, Mr. LARSEN of Washington, Mr. BRALEY of Iowa, Mr.
HONDA, Ms. BASS of California, Mr. ALTMIRE, Mr. BARROW, Mr. COSTA, Mr. CUELLAR,
Mr. ROSS of Arkansas, Mr. CARDOZA, Mr. PETERSON, Mr. BOREN, Mr. DONNELLY of
Indiana, Mr. DAVID SCOTT of Georgia, and Mr. MCINTYRE) (all by request): 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
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,
SEC. 2. RESCISSIONS OF FUNDING.
The Impoundment Control Act of 1974 is amended by striking part C and inserting
`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.
`(1) The terms `appropriation 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
`(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
`(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
`(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
`(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;
`(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.
`(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),
`SEC. 1026. CONGRESSIONAL CONSIDERATION OF RESCISSION REQUESTS.
`(a) Preparation of Legislation To Consider a Package of Expedited Rescission
`(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 of 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
`(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
`(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
`(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. 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'.
(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.