S.Amdt. 4355
What it does: Adds SEC. ___. EXPEDITED CONSIDERATION OF CERTAIN PROPOSED RESCISSIONS at the end of title IIWhat it changes
1 change to S.Con.Res. 70 · shown in the resolution's text
Adds SEC. ___. EXPEDITED CONSIDERATION OF CERTAIN PROPOSED RESCISSIONS at the end of title II
Adds a sectionIn S.Con.Res. 70 · Placed on Calendar Senate
(2) with full recognition of the constitutional right of the Senate to change those rules at any time, in the same manner, and to the same extent as is the case of any other rule of the Senate.
Inserted: SEC. ___. EXPEDITED CONSIDERATION OF CERTAIN PROPOSED RESCISSIONS.
Inserted: (a) Introduction.--
Inserted: (1) Bill.--The Committee on Appropriations may report a bill implementing the rescissions proposed in a special message transmitted by the President under part B of title X of the Impoundment Control Act of 1974 to be considered under the procedures provided in this section.
Inserted: (2) Member introduced.--If the President transmits a special message under part B of title X of the Impoundment Control Act of 1974 and the Committee on Appropriations fails to report a bill under paragraph (1) not later than 5 session days after the message is transmitted, any Member may introduce a bill implementing the rescissions proposed in that special message which shall be considered under the procedures provided in this section.
Inserted: (3) Limitation.--Not more than 4 bills may be considered under this section in any calendar year.
Inserted: (4) Resubmittal rejected.--If Congress rejects a bill introduced under this section or if an item is stricken under subsection (d)(2), that item or any of the dollar amounts of discretionary budget authority may not be reconsidered under this section.
Inserted: (5) Analysis by congressional budget office.--
Inserted: (A) In general.--Upon the reporting or introduction of any bill under this subsection, the Director of the Congressional Budget Office shall prepare an estimate of the savings in budget authority or outlays resulting from the proposed rescissions in such bill.
Inserted: (B) Methodology.--The estimates required by subparagraph (A) shall be made relative to the most recent levels calculated consistent with the methodology used to calculate a baseline under section 257 of the Balanced Budget and Emergency Control Act of 1985 and included with a budget submission under section 1105(a) of title 31, United States Code, and transmitted to the chairmen of the Committees on the Budget of the House of Representatives and Senate.
Inserted: (6) Enactment of rescission bill.--
Inserted: (A) Deficit reduction.--Amounts of budget authority that are rescinded pursuant to enactment of a bill as provided under this section shall be dedicated only to deficit reduction and shall not be used as an offset for other spending increases.
Inserted: (B) Adjustment of budget targets.--Not later than 5 days after the date of enactment of a rescission bill as provided under this section, the chairs of the Committees on the Budget of the Senate and the House of Representatives shall revise spending and revenue levels under section 311(a) of the Congressional Budget Act of 1974 and adjust the committee allocations under section 302(a) of the Congressional Budget Act of 1974 or any other adjustments as may be appropriate to reflect the rescission. The appropriate committees shall report revised allocations pursuant to section 302(b) of the Congressional Budget Act of 1974. Notwithstanding any other provision of law, the revised allocations and aggregates shall be considered to have been made under a concurrent resolution on the budget agreed to under the Congressional Budget Act of 1974 and shall be enforced under the procedures of that Act.
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Inserted: (b) Procedures for Expedited Consideration.--
Inserted: (1) In general.--A vote on final passage of the bill introduced or reported under subsection (a) shall be taken in the Senate and the House of Representatives on or before the close of the 10th day of session of that House after the date of the introduction of the bill in that House. If the bill is passed, the Clerk of the House of Representatives shall cause the bill to be transmitted to the Senate before the close of the next day of session of the House.
Inserted: (2) Consideration in the house of representatives.--
Inserted: (A) Motion to proceed to consideration.--A motion in the House of Representatives to proceed to the consideration of a bill under this subsection 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.
Inserted: (B) Limits on debate.--Debate in the House of Representatives on a bill under this subsection shall not exceed 4 hours, which shall be divided equally between those favoring and those opposing the bill. A motion further to limit debate shall not be debatable. It shall not be in order to move to recommit a bill under this subsection or to move to reconsider the vote by which the bill is agreed to or disagreed to.
Inserted: (C) Appeals.--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 under this section shall be decided without debate.
Inserted: (D) Application of house rules.--Except to the extent specifically provided in this section, consideration of a bill under this section shall be governed by the Rules of the House of Representatives. It shall not be in order in the House of Representatives to consider any bill introduced pursuant to the provisions of this section under a suspension of the rules or under a special rule.
Inserted: (3) Consideration in the senate.--
Inserted: (A) Motion to proceed to consideration.--A motion to proceed to the consideration of a bill under this subsection in the Senate shall not be debatable. A motion to proceed to consideration of the bill may be made even though a previous motion to the same effect has been disagreed to. It shall not be in order to move to reconsider the vote by which the motion to proceed is agreed to or disagreed to.
Inserted: (B) Limits on debate.--Debate in the Senate on a bill under this subsection, and all debatable motions and appeals in connection therewith, shall not exceed a total of 10 hours, equally divided and controlled in the usual form.
Inserted: (C) Debatable motions and appeals.--Debate in the Senate on any debatable motion or appeal in connection with a bill under this subsection shall be limited to not more than 1 hour from the time allotted for debate, to be equally divided and controlled in the usual form.
Inserted: (D) Motion to limit debate.--A motion in the Senate to further limit debate on a bill under this subsection is not debatable.
Inserted: (E) Motion to recommit.--A motion to recommit a bill under this subsection is not in order.
Inserted: (F) Consideration of the house bill.--
Inserted: (i) In general.--If the Senate has received the House companion bill to the bill introduced in the Senate prior to the vote required under paragraph (1)(C), then the Senate shall consider, and the vote under paragraph (1)(C) shall occur on, the House companion bill.
Inserted: (ii) Procedure after vote on senate bill.--If the Senate votes, pursuant to paragraph (1)(C), on the bill introduced in the Senate, the Senate bill shall be held pending receipt of the House message on the bill. Upon receipt of the House companion bill, the House bill shall be deemed to be considered, read for the third time, and the vote on passage of the Senate bill shall be considered to be the vote on the bill received from the House.
Inserted: (4) Conference.--
Inserted: (A) Proceeding to conference.--If, after a bill is agreed to in the Senate or House of Representatives, the bill has been amended, the bill shall be deemed to be at a stage of disagreement and motions to proceed to conference are deemed to be agreed to. There shall be no motions to instruct. The Senate and the House of Representatives shall appoint conferees not later than 1 day of session after the vote of the second House under paragraph (1)(C). Debate on any debatable motion in relation to the conference report shall be limited to 1 hour to be equally divided between and controlled by the mover and manager of a bill, or their designees.
Inserted: (B) Period of consideration.--A conference report on a bill considered under this section shall be reported out not later than 3 days of session after the vote of the second House under paragraph (1)(C). If the 2 Houses are unable to agree in conference, the committee on conference shall report out the text of the President's original bill.
Inserted: (C) Scope of conference.--The matter committed to conference for purposes of scope of conference shall be limited to the matter stricken from the text of the bills passed by the Senate and the House of Representatives.
Inserted: (D) Procedure.--Debate on a conference report on any bill considered under this section shall be limited to 2 hours equally divided between the manager of the conference report and the minority leader, or his designee.
Inserted: (E) Final passage.--A vote on final passage of the conference report shall be taken in the Senate and the House of Representatives on or before the close of the 2nd day of session of that House after the date the conference report is submitted in that House. If the conference report is passed, the Secretary of the Senate or the Clerk of the House of Representatives, as the case may be, shall cause the conference report to be transmitted to the other House before the close of the next day of session of that House.
Inserted: (F) Action of second house.--
Inserted: (i) In general.--If the Senate has received from the House, the conference report in relation to the special message from the President, prior to the vote required under subparagraph (E), then the Senate shall consider, and the vote under subparagraph (E) shall occur on the House conference report.
Inserted: (ii) Procedure after vote on senate conference report.--If the Senate votes, pursuant to subparagraph (E), on the conference report in relation to the special message from the President, then immediately following that vote, or upon receipt of the House conference report, the House conference report shall be deemed to be considered, read the third time, and the vote on passage of the Senate conference report shall be considered to be the vote on the conference report received from the House.
Inserted: (c) Amendments and Divisions Prohibited.--
Inserted: (1) In general.--Except as provided in paragraph (2), no amendment to a bill considered under this section shall be in order in either the Senate or the House of Representatives.
Inserted: (2) Motion to strike.--
Inserted: (A) Senate.--During consideration of a bill in the Senate, any Member of the Senate may move to strike any proposed rescission of a dollar amount of discretionary budget authority if supported by 11 other Members.
Inserted: (B) House.--During consideration of a bill in the House of Representatives, any Member of the House of Representatives may move to strike any proposed rescission of a dollar amount of discretionary budget authority if supported by 49 other Members.
Inserted: (3) No division.--It shall not be in order to demand a division of any motions to strike in the Senate, or the division of the question in the House of Representatives (or in a Committee of the Whole).
Inserted: (4) No suspension.--No motion to suspend the application of this subsection shall be in order in the Senate or in the House of Representatives, nor shall it be in order in the House of Representatives to suspend the application of this subsection by unanimous consent.
Inserted: (d) Definitions.--In this section:
Inserted: (1) Appropriation law.--The term "appropriation law" means any general or special appropriation Act, and any Act or joint resolution making supplemental, deficiency, or continuing appropriations.
Inserted: (2) Calendar day.--The term "calendar day" means a standard 24-hour period beginning at midnight.
Inserted: (3) Days of session.--The term "days of session" means only those days on which both Houses of Congress are in session.
Inserted: (4) Dollar amount of discretionary budget authority.--The term "dollar amount of discretionary budget authority" means the dollar amount of budget authority and obligation limitations--
Inserted: (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;
Inserted: (B) represented separately in any table, chart, or explanatory text included in the statement of managers or the governing committee report accompanying such law;
Inserted: (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;
Inserted: (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
Inserted: (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.
Inserted: (5) Rescind or rescission.--The term "rescind" or "rescission" means to reduce or repeal a provision of law to prevent that budget authority or obligation limitation from having legal force or effect.
Inserted: (e) Effective Date and Expiration.--
Inserted: (1) Effective date.--This section shall--
Inserted: (A) take effect on the date of adoption of this resolution; and
Inserted: (B) apply to any dollar amount of discretionary budget authority provided in an Act enacted on or after the date of adoption of this resolution.
Inserted: (2) Expiration.--This section shall expire on December 31, 2011.
Original wording
At the end of title II, insert the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
SA 4355. Mr. GREGG submitted an amendment intended to be proposed by him to the concurrent resolution S. Con. Res. 70, setting forth the congressional budget for the United States Government for fiscal year 2009 and including the appropriate budgetary levels for fiscal years 2008 and 2010 through 2013; which was ordered to lie on the table; as follows:
At the end of title II, insert the following:
SEC. ___. EXPEDITED CONSIDERATION OF CERTAIN PROPOSED RESCISSIONS.
(a) Introduction.--
(1) Bill.--The Committee on Appropriations may report a bill implementing the rescissions proposed in a special message transmitted by the President under part B of title X of the Impoundment Control Act of 1974 to be considered under the procedures provided in this section.
(2) Member introduced.--If the President transmits a special message under part B of title X of the Impoundment Control Act of 1974 and the Committee on Appropriations fails to report a bill under paragraph (1) not later than 5 session days after the message is transmitted, any Member may introduce a bill implementing the rescissions proposed in that special message which shall be considered under the procedures provided in this section.
(3) Limitation.--Not more than 4 bills may be considered under this section in any calendar year.
(4) Resubmittal rejected.--If Congress rejects a bill introduced under this section or if an item is stricken under subsection (d)(2), that item or any of the dollar amounts of discretionary budget authority may not be reconsidered under this section.
(5) Analysis by congressional budget office.--
(A) In general.--Upon the reporting or introduction of any bill under this subsection, the Director of the Congressional Budget Office shall prepare an estimate of the savings in budget authority or outlays resulting from the proposed rescissions in such bill.
(B) Methodology.--The estimates required by subparagraph (A) shall be made relative to the most recent levels calculated consistent with the methodology used to calculate a baseline under section 257 of the Balanced Budget and Emergency Control Act of 1985 and included with a budget submission under section 1105(a) of title 31, United States Code, and transmitted to the chairmen of the Committees on the Budget of the House of Representatives and Senate.
(6) Enactment of rescission bill.--
(A) Deficit reduction.--Amounts of budget authority that are rescinded pursuant to enactment of a bill as provided under this section shall be dedicated only to deficit reduction and shall not be used as an offset for other spending increases.
(B) Adjustment of budget targets.--Not later than 5 days after the date of enactment of a rescission bill as provided under this section, the chairs of the Committees on the Budget of the Senate and the House of Representatives shall revise spending and revenue levels under section 311(a) of the Congressional Budget Act of 1974 and adjust the committee allocations under section 302(a) of the Congressional Budget Act of 1974 or any other adjustments as may be appropriate to reflect the rescission. The appropriate committees shall report revised allocations pursuant to section 302(b) of the Congressional Budget Act of 1974. Notwithstanding any other provision of law, the revised allocations and aggregates shall be considered to have been made under a concurrent resolution on the budget agreed to under the Congressional Budget Act of 1974 and shall be enforced under the procedures of that Act.
(b) Procedures for Expedited Consideration.--
(1) In general.--A vote on final passage of the bill introduced or reported under subsection (a) shall be taken in the Senate and the House of Representatives on or before the close of the 10th day of session of that House after the date of the introduction of the bill in that House. If the bill is passed, the Clerk of the House of Representatives shall cause the bill to be transmitted to the Senate before the close of the next day of session of the House.
(2) Consideration in the house of representatives.--
(A) Motion to proceed to consideration.--A motion in the House of Representatives to proceed to the consideration of a bill under this subsection 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) Limits on debate.--Debate in the House of Representatives on a bill under this subsection shall not exceed 4 hours, which shall be divided equally between those favoring and those opposing the bill. A motion further to limit debate shall not be debatable. It shall not be in order to move to recommit a bill under this subsection or to move to reconsider the vote by which the bill is agreed to or disagreed to.
(C) Appeals.--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 under this section shall be decided without debate.
(D) Application of house rules.--Except to the extent specifically provided in this section, consideration of a bill under this section shall be governed by the Rules of the House of Representatives. It shall not be in order in the House of Representatives to consider any bill introduced pursuant to the provisions of this section under a suspension of the rules or under a special rule.
(3) Consideration in the senate.--
(A) Motion to proceed to consideration.--A motion to proceed to the consideration of a bill under this subsection in the Senate shall not be debatable. A motion to proceed to consideration of the bill may be made even though a previous motion to the same effect has been disagreed to. It shall not be in order to move to reconsider the vote by which the motion to proceed is agreed to or disagreed to.
(B) Limits on debate.--Debate in the Senate on a bill under this subsection, and all debatable motions and appeals in connection therewith, shall not exceed a total of 10 hours, equally divided and controlled in the usual form.
(C) Debatable motions and appeals.--Debate in the Senate on any debatable motion or appeal in connection with a bill under this subsection shall be limited to not more than 1 hour from the time allotted for debate, to be equally divided and controlled in the usual form.
(D) Motion to limit debate.--A motion in the Senate to further limit debate on a bill under this subsection is not debatable.
(E) Motion to recommit.--A motion to recommit a bill under this subsection is not in order.
(F) Consideration of the house bill.--
(i) In general.--If the Senate has received the House companion bill to the bill introduced in the Senate prior to the vote required under paragraph (1)(C), then the Senate shall consider, and the vote under paragraph (1)(C) shall occur on, the House companion bill.
(ii) Procedure after vote on senate bill.--If the Senate votes, pursuant to paragraph (1)(C), on the bill introduced in the Senate, the Senate bill shall be held pending receipt of the House message on the bill. Upon receipt of the House companion bill, the House bill shall be deemed to be considered, read for the third time, and the vote on passage of the Senate bill shall be considered to be the vote on the bill received from the House.
(4) Conference.--
(A) Proceeding to conference.--If, after a bill is agreed to in the Senate or House of Representatives, the bill has been amended, the bill shall be deemed to be at a stage of disagreement and motions to proceed to conference are deemed to be agreed to. There shall be no motions to instruct. The Senate and the House of Representatives shall appoint conferees not later than 1 day of session after the vote of the second House under paragraph (1)(C). Debate on any debatable motion in relation to the conference report shall be limited to 1 hour to be equally divided between and controlled by the mover and manager of a bill, or their designees.
(B) Period of consideration.--A conference report on a bill considered under this section shall be reported out not later than 3 days of session after the vote of the second House under paragraph (1)(C). If the 2 Houses are unable to agree in conference, the committee on conference shall report out the text of the President's original bill.
(C) Scope of conference.--The matter committed to conference for purposes of scope of conference shall be limited to the matter stricken from the text of the bills passed by the Senate and the House of Representatives.
(D) Procedure.--Debate on a conference report on any bill considered under this section shall be limited to 2 hours equally divided between the manager of the conference report and the minority leader, or his designee.
(E) Final passage.--A vote on final passage of the conference report shall be taken in the Senate and the House of Representatives on or before the close of the 2nd day of session of that House after the date the conference report is submitted in that House. If the conference report is passed, the Secretary of the Senate or the Clerk of the House of Representatives, as the case may be, shall cause the conference report to be transmitted to the other House before the close of the next day of session of that House.
(F) Action of second house.--
(i) In general.--If the Senate has received from the House, the conference report in relation to the special message from the President, prior to the vote required under subparagraph (E), then the Senate shall consider, and the vote under subparagraph (E) shall occur on the House conference report.
(ii) Procedure after vote on senate conference report.--If the Senate votes, pursuant to subparagraph (E), on the conference report in relation to the special message from the President, then immediately following that vote, or upon receipt of the House conference report, the House conference report shall be deemed to be considered, read the third time, and the vote on passage of the Senate conference report shall be considered to be the vote on the conference report received from the House.
(c) Amendments and Divisions Prohibited.--
(1) In general.--Except as provided in paragraph (2), no amendment to a bill considered under this section shall be in order in either the Senate or the House of Representatives.
(2) Motion to strike.--
(A) Senate.--During consideration of a bill in the Senate, any Member of the Senate may move to strike any proposed rescission of a dollar amount of discretionary budget authority if supported by 11 other Members.
(B) House.--During consideration of a bill in the House of Representatives, any Member of the House of Representatives may move to strike any proposed rescission of a dollar amount of discretionary budget authority if supported by 49 other Members.
(3) No division.--It shall not be in order to demand a division of any motions to strike in the Senate, or the division of the question in the House of Representatives (or in a Committee of the Whole).
(4) No suspension.--No motion to suspend the application of this subsection shall be in order in the Senate or in the House of Representatives, nor shall it be in order in the House of Representatives to suspend the application of this subsection by unanimous consent.
(d) Definitions.--In this section:
(1) Appropriation law.--The term “appropriation law” means any general or special appropriation Act, and any Act or joint resolution making supplemental, deficiency, or continuing appropriations.
(2) Calendar day.--The term “calendar day” means a standard 24-hour period beginning at midnight.
(3) Days of session.--The term “days of session” means only those days on which both Houses of Congress are in session.
(4) Dollar amount of discretionary budget authority.--The term “dollar amount of discretionary budget authority” means the dollar amount of 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.
(5) Rescind or rescission.--The term “rescind” or “rescission” means to reduce or repeal a provision of law to prevent that budget authority or obligation limitation from having legal force or effect.
(e) Effective Date and Expiration.--
(1) Effective date.--This section shall--
(A) take effect on the date of adoption of this resolution; and
(B) apply to any dollar amount of discretionary budget authority provided in an Act enacted on or after the date of adoption of this resolution.
(2) Expiration.--This section shall expire on December 31, 2011.
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Senate amendment submitted
March 13, 2008