5 "(B) Debate in the Senate on a bill or joint res-
6 olution under this section, and all debatable motions
7 and appeals in connection therewith, shall be limited
8 to not more than 1 hour. The time shall be equally
9 divided between, and controlled by, the majority
10 leader and the minority leader or their designees.
11 "(C) Debate in the Senate on any debatable
12 motion or appeal in connection with a bill or joint
13 resolution under this section shall be limited to not
14 more than 1 hour, to be equally divided between,
15 and controlled by, the mover and the manager of the
16 bill or joint resolution, except that in the event the
17 manager of the bill or joint resolution is in favor of
18 any such motion or appeal, the time in opposition
19 thereto, shall be controlled by the minority leader or
20 his designee. Such leaders, or either of them, may,
21 from time under their control on the passage of a
22 bill or joint resolution, allot additional time to any
23 Senator during the consideration of any debatable
24 motion or appeal.
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1 "(D) A motion in the Senate to further limit
2 debate on a bill or joint resolution under this section
3 is not debatable. A motion to recommit a bill or joint
4 resolution under this section is not in order.
5 "(d) Amendments Prohibited. — No amendment to
6 a bill or joint resolution considered under this section shall
7 be in order in either the House of Representatives or the
8 Senate. No motion to suspend the application of this sub-
9 section shall be in order in either House, nor shall it be
10 in order in either House for the Presiding Officer to enter-
1 1 tain a request to suspend the application of this subsection
12 by unanimous consent.
13 "(e) Requirement To Make Available for Obli-
14 GATION. — ^Any amount of budget authority proposed to be
15 rescinded in a special message transmitted to the Congress
16 under subsection (b) shall be made available for obligation
17 after the date on which the Congress fails to pass the bill
18 or joint resolution transmitted with that special message.
19 "(f) Appropriation Act Defined. — For purposes
20 of this section, the term 'appropriation Act' means any
21 general or special appropriation Act, and any Act or joint
22 resolution making supplemental, deficiency, or continuing
23 appropriations.".
24 (b) Exercise of Rulemaking Powers. — Section
25 904 of such Act (2 U.S.C. 621 note) is amended—
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1 (1) by striking out "and 1017" in subsection
2 (a) and inserting in lieu thereof "1013, and 1018";
3 and
4 (2) by striking out "section 1017" in subsection
5 (d) and inserting in lieu thereof "sections 1013 and
6 1018".
7 (c) Conforming Amendments. —
8 (1) Paragraph (5) of section 1011 of such Act
9 (2 U.S.C. 682(5)) is amended—
10 (A) by striking out "1012, and" and in-
11 serting in lieu thereof "1012, the time periods
12 referred to in subsections (c) and (d) of section
13 1013, and";
14 (B) by striking out "1012 during" and in-
15 serting in lieu thereof "1012 or 1013 during";
16 (C) by striking out "of 45" and inserting
17 in lieu thereof "of the applicable number of;
18 and
19 (D) by striking out "45-day period re-
20 f erred to in paragraph (3) of this section and
21 in section 1012" and inserting in lieu thereof
22 "period or periods of time applicable under
23 such section".
24 (2) Such section is further amended —
1
10
11
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(A) in paragraph (4), by striking out
2 "1013" and inserting in lieu thereof "1014";
3 and
4 (B) in paragraph (5) —
^ (») by striking out "1016" and insert-
6 ing in lieu thereof "1017"; and
"7 (ii) by striking out "1017(b)(1)" and
8 inserting in lieu thereof "1018(b)(1)".
9 (3) Section 1015 of such Act (as redesignated
by section 3(a)) (2 U.S.C. 685) is amended—
(A) by striking out "1012 or 1013" each
^^ place it appears and inserting in lieu thereof
13 "1012, 1013, or 1014";
1^ (B) in subsection (b)(1), by striking out
^^ "1012" and inserting in lieu thereof "1012 or
16 1013";
^^ (C) in subsection (b)(2), by striking out
18 "1013" and inserting in lieu thereof "1014";
19 and
20 (D) in subsection (e)(2)—
2^ (i) by striking out "and" at the end of
22 subparagraph (A);
(") by redesignating subparagraph
2^ (B) as subparagraph (C);
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1 (iii) by striking out "1013" in sub-
2 paragraph (C) (as so redesignated) and in-
3 serting in lieu thereof "1014"; and
4 (iv) by inserting after subparagraph
5 (A) the following new subparagraph:
6 "(B) he has transmitted a sp)ecial message
7 under section 1013 with respect to a proposed
8 rescission; and".
9 (4) Section 1016 of such Act (as redesignated
10 by section 3(a)) (2 U.S.C. 686) is amended by strik-
11 ing out "1012 or 1013" each place it appears and
12 inserting in lieu thereof "1012, 1013, or 1014".
13 (d) Clerical Amendments. — The table of sections
14 for subpart B of title X of such Act is amended —
15 (1) by redesignating the items relating to sec-
16 tions 1013 through 1017 as items relating to sec-
17 tions 1014 through 1018; and
18 (2) by inserting after the item relating to sec-
19 tion 1012 the following new item:
"Sec. 1013. Expedited consideration of certain proposed rescissions.".
20 SEC. 502. APPUCATION.
21 Section 1013 of the Congressional Budget and Im-
22 poundment Control Act of 1974 {as added by section 501
23 of this Act) shall apply to amounts of budget authority
24. provided by appropriation Acts (as defined in subsection
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1 (f)(2) of such section) that are enacted after the date of
2 the enactment of this Act.
3 TITLE VI— PERFORMANCE-
4 BASED BUDGETING
5 SEC. 601. FD4DINGS AND PURPOSES.
6 (a) Findings. — The Congress finds that —
7 (1) despite mtgor efforts by the Congress and
8 the Executive Branch to improve the financial man-
9 agement of the Federal Government, unacceptable
10 waste and mismanagement persists in Federal pro-
1 1 grams;
12 (2) waste and mismanagement place an intoler-
13 able burden on the Umited resources of important
14 Federal programs, reducing the ability of such pro-
15 grams to adequately address vital needs;
16 (3) much of the public's opposition to increased
17 taxes is based on a belief that taxpayers are not get-
18 ting full value for their tax dollar;
19 (4) because financial management systems
20 focus on how money is spent, but not on how well
21 it is spent and the value received for it, the Federal
22 Government is handicapped in its ability to identify
23 wasteful or ineffective programs; and
24 (5) the Congress is further handicapped in its
25 ability to conduct adequate and thorough oversight
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1 of Federal programs, because few programs have
2 measurable goals against which to track and com-
3 pare performance.
4 (b) Purposes. — The purposes of this title are —
5 (1) to strengthen Government accountability by
6 showing the American taxpayers what results to ex-
7 pect for their tax dollars when a program is funded,
8 and what results the teixpayers actually receive;
9 (2) to improve congressional oversight and the
10 uncovering of waste and mismanagement, by requir-
11 ing that measurable performance standards and
12 goals be established for all Federal programs and
13 that each Federal department and agency issue an
14 annual program performance report showing pro-
15 gram accomplishment;
16 (3) to free additional resources for vital Federal
17 programs, by reducing waste, reforming or eliminat-
18 ing ineffective programs, and allowing the targeting
19 of funds to those programs achieving the best re-
20 suits;
21 (4) to change the Federal budget from a politi-
22 cal document into a policy-making and management
23 tool, by requiring that the budget incorporate a per-
24 formance standards and goals plan for Federal
25 spending.
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1 SEC. 602. PERFORMANCE STANDARDS AND GOALS PLANS.
2 (a) Budget Contents and Submission to Con-
3 GRESS.— Section 1105(a) of title 31, United States Code,
4 is amended by adding at the end thereof the following new
5 paragraph:
.6 **(29) a Federal performance standards and
7 goals plan for the overall budget as provided for
8 under section 1115.".
9 (b) Performance Standards and Goals
10 Plans.— Chapter 11 of title 31, United States Code, is
11 amended by adding after section 1114 the following new
12 sections:
13 ''§1115. Performance standards and goals plans
14 *'(a) In carrying out the provisions of section
15 1105(a)(29), the Office of Management and Budget shall
16 promulgate regulations requiring each department and
17 agency to establish a performance standards and goals
18 plan for each major expenditure category of the budget
19 of such department or agency. Such plan shall —
20 "(1) establish performance indicators to be used
21 to define and measure the outputs, products, serv-
22 ices, and results of each expenditure allocated;
23 "(2) establish performance standards and goals
24 to define and measure the specific service or product
25 to be achieved or produced for the expenditure allo-
26 cated;
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1 "(3) express such standards and goals in an ob-
2 jective, quantifiable, and measurable form unless
3 permitted in an alternative form under subsection
4 (b);
5 "(4) establish mqjor expenditure categories of
6 related functions of such agency or department for
7 the analysis of performance standards and goals;
8 "(5) include actual program results compared
9 with original performance standards and goals, inte-
10 grated with program cost information, to show
11 trends in costs per unit-of-result, unit-of-service, or
1 2 other unit-of-output;
13 "(6) review the success of achieving the per-
14 formance standards and goals of the preceding bien-
15 nium; and
16 "(7) evaluate the performance standards and
17 goals for the biennium relative to the results
18 achieved for the performance standards and goals in
19 the preceding biennium.
20 "(b) If the Office of Management and Budget deter-
21 mines that it is not feasible to express the performance
22 standards and goals of a particular program in an expend-
23 iture category in an objective and quantifiable form, the
24 Office of Management and Budget may authorize an alter-
•HR 1138 IH
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1 native form. Such alternative form shall include separate
2 descriptive statements of both —
3 "(1) a minimally effective program, and
4 **(2) a successful program,
5 with sufficient precision and in such terms that would
6 allow for an accurate, independent determination of
7 whether the program's performance meets the criteria of
8 either description.
9 "(c) The Office of Management and Budget shall re-
10 view and adjust the department and agency plans estab-
11 lished under subsection (a) and establish an overall per-
12 formance standards and goals plan for the Federal Gov-
13 ernment.
14 "§1116. Program performance reports
15 "(a) By December 31 of each odd-numbered year, the
16 head of each department and agency shall prepare and
17 submit to the President and the Congress, a report on the
18 program performance for the previous biennium.
19 "(b) Each program performance report shall enumer-
20 ate all performance indicators established in the depart-
21 mental or agency performance standards and goals plan,
22 along with the performance goals and the actual results
23 achieved for the previous biennium and the goals for the
24 current biennium. Program costs and, where applicable,
25 trends in costs per unit-of-result, unit-of-service, or other
•HR 1138 IH
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1 unit-of-output shall be shown. Where the performance
2 standards and goals are specified by descriptive state-
3 ments of a minimally effective program and a successful
4 program, the results of such program shall be described
5 in relationship to those categories, including whether the
6 results failed to meet the criteria of either category.
7 "(c) Where a performance standard or goal has not
8 been met, including when a program's results are not de-
9 termined to have met the criteria of a successfial program,
10 the report shall explain —
11 "(1) why the goal was not met, including an in-
12 dication of any managerial deficiencies or of any
13 legal obstacles;
14 "(2) plans and schedule for achie\'ing the estab-
15 lished performance goal;
16 "(3) recommended legislative or regulator^'
17 changes necessary to achieve the goal; and
18 "(4) if the performance standard or goal is im-
19 practical or infeasible, why that is the case and what
20 action is recommended, including whether the goal
21 should be changed or the program altered or elimi-
22 nated.
23 "(d) By December 31 of each odd-numbered year, the
24 Office of Management and Budget shall prepare and sub-
25 mit to the President and the Congress, a report on all
1186
104
1 tax expenditures that reduced revenues by at least $2 bil-
2 lion in the previous biennium.".
3 (e) Technical and Conforming Amendment. —
4 The table of sections for chapter 11 of title 31, United
5 States Code, is amended by adding after the item relating
6 to section 1114 the following new items:
"1113. Performance standards and goals plans.
"1116. Program performance reports.".
7 SEC. 603. CONGRESSIONAL ESTABUSHMENT OF PERFORM-
8 ANCE STANDARDS AND GOALS.
9 (a) In General. — It shall not be in order for either
10 the House of Representatives or the Senate to consider
1 1 any bill or resolution (or amendment thereto) which pro-
12 vides for the authorization of appropriations or for the ap-
13 propriation of funds, unless such bill or resolution (or
14 amendment thereto) specifies performance standards and
15 goals for such authorization or appropriation.
16 (b) PERFOR^LVNCE STANDARDS AND GOALS. — (1)
17 The program performance standards and goals required
18 under subsection (a) shall —
19 (A) specify either —
20 (i) objective, quantifiable, and measurable
21 standards and goals expected to be achieved, or
22 (ii) separate descriptive statements of a
23 minimally effective program and of a successful
24 program, with sufficient precision and in such
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1 terms that would allow for an accurate, inde-
2 pendent determination of whether the pro-
3 gram's performance meets the criteria of either
4 description;
5 (B) include indicators of cost per unit-of-result,
6 unit-of-service, or other unit-of-output, of the type
7 specified in the legislation authorizing the appropria-
8 tion or relevant program; and
9 (C) be established after review of the plan es-
10 tablished under section 1115 of title 31, United
1 1 States Code.
12 (2) An appropriation Act may specify a lesser amount
13 of a performance standard or goal to be achieved than is
14 provided by the authorizing legislation, but may not
15 change the specific type of standard or goal.
16 (c) Waiver. — This section may be waived or sus-
17 pended in the Senate only by the affirmative vote of three-
18 fifths of the Members, duly chosen and sworn, and in the
19 House of Representatives only by resolution reported by
20 the Committee on Rules and adopted by the House.
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1 TITLE VII— INCREMENTAL-
2 BASED BUDGETING
3 SEC. 701. INCREMENTAL-BASED BUDGETING
4 (a) Incremental-Based Budgeting Regula-
5 TIONS. — Section 1109 of chapter 11 of title 31, United
6 States Code, is amended to read as follows:
7 ''§1109. Incremental-based budgeting
8 '*(a) The Office of Management and Budget shall
9 promulgate regulations requiring each department and
10 agency to require that —
11 "(1) officers and employees who submit budgets
12 to the head of that department or agency —
13 "(A) be required to submit at least 2 budg-
14 ets: one that sets forth spending at least 5 per-
15 cent lower than the prior biennium's budget
16 and the other that sets forth spending at least
17 15 percent lower than the prior biennium's
18 budget; and
19 "(B) in such budgets detail specific gains
20 and losses of project performance at each such
21 incremental budget level as compared to other
22 proposed budget levels; and
23 "(2) the head of each department or agency
24 submit to the Office of Management and Budget at
25 least one budget for that department or agency that
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1 sets forth spending at least 10 percent lower than
2 the prior biennium's budget.
3 "(b) Whenever the Office of Management and Budget
4 reports an estimated budget deficit under section 105(a)
5 of the Comprehensive Budget Process Reform Act of
6 1993, not later than October 15 of that calendar vear,
7 the President shall submit to Congress a report that would
8 either —
9 "(1) recommend specific changes in outlays or
10 revenues sufficient to eliminate that deficit, or
11 (2) recommend waiver of the requirement to
12 eliminate that deficit.".
13 (b) Technical and Conforming Amendment. —
14 The item relating to section 1109 in the table of sections
15 for chapter 11 of title 31, United States Code, is amended
16 to read as follows:
"1109. Incremental-based budgeting.".
1190
May 26, 1993
[From the Congressional Record page D589]
FEDERAL CAPITAL BUDGET AND MISCELLANEOUS
MEASURES
Commitee on Public Works and Transportation: Subcommittee on
Economic Development held a hearing on the desirability of estab-
lishing a Federal Capital Budget and the following bills: H.R. 1050,
to improve budgetary information by requiring that the unified
budget presented by the President contain an operating budget and
a capital budget, distinguish between Federal funds and trust
funds; H.R. 1138, to restructure the Federal budget process; and
H.R, 1182, to improve budgetary information by requiring that the
unified budget presented by the President contain an operating
budget and a capital budget distinguish between general funds,
trust funds, and enterprise funds. Testimony was heard from Rob-
ert W. Hartman, Assistant Director, Special Studies Division, CBO;
Paul L. Posner, Director, Budget Issues, Accounting and Financial
Management Division, GAO; and public witnesses.
June 16, 1993
[From the Congressional Record page D667]
ESTABLISHING FEDERAL CAPITAL BUDGET AND
MISCELLANEOUS MEASURES
Committee on Public Works and Transportation: Subcommittee
on Economic Development continued hearings on the desirability of
establishing a Federal Capital Budget and the following bills: H.R.
1050, to improve budgetary information by requiring that the uni-
fied budget presented by the President contain an operating budget
and a capital budget, distinguish between Federal funds and trust
funds; H.R. 1138, to restructure the Federal budget process; and
H.R. 1182, to improve budgetary information by requiring that the
unified budget presented by the President contain an operating
budget and a capital budget, distinguish between Federal funds
and trust funds; H.R. 1138, to restructure the Federal budget proc-
ess; and H.R. 1182, to improve budgetary information by requiring
that the unified budget presented by the President contain an oper-
ating budget and a capital budget distinguish between general
funds, trust funds, and enterprise funds. Testimony was heard
from P. Gerald Thacker, Commissioner, Public Buildings Service,
GSA; and public witnesses.
1191
March 9, 1993
[From the Congressional Record page H1079]
103d congress
1st Session
H.R.1253
To give the President hne-item veto rescission authority over appropriation
bills.
IN THE HOUSE OF REPRESENTATIVES
March 9, 1993
Mr. BUNTCIXG introduced the following bill; which was referred jointly to the
Committees on Government Operations and Rules
A BILL
To give the President line-item veto rescission authority over
appropriation bills.
1 Be it enacted by the Senate and House of Representa-
2 tives of the United States of America in Congress assembled,
3 SECTION 1. SHORT TITLE.
4 This Act may be cited as the "The Legislative Line
5 Item Veto Act of 1993".
6 SEC. 2. LEGISLATIVE LINE ITEM VETO RESCISSION AU-
7 THORITY.
8 (a) In General. — Notwithstanding the provisions of
9 part B of title X of The Congressional Budget and Im-
10 poundment Control Act of 1974, and subject to the provi-
1192
2
1 sions of this section, the President may rescind all or part
2 of any discretionary budget authority pursuant to this Act
3 if the President —
4 (1) determines that such rescission —
5 (A) would help reduce the Federal budget
6 deficit;
7 (B) will not impair any essential Govem-
8 ment functions; and
9 (C) will not harm the national interest;
10 and
11 (2) notifies the Congress of such rescission bv
12 a special message not later than twenty calendar
13 days (not including Saturdays, Sundays, or holiday's)
14 after the date of enactment of a regular or supple-
15 mental appropriation Act or a joint resolution mak-
16 ing continuing appropriations providing such budget
17 authority.
18 The President shall submit a separate rescission message
19 for each item rescinded under this paragraph.
20 SEC. 3. RESCISSION EFFECTIVE UNLESS DISAPPROVED.
21 (a) Any amount of budget authority rescinded under
22 this Act as set forth in a special message by the President
23 shall be deemed canceled unless during the period de-
24 scribed in subsection (b), a rescission disapproval bill mak-
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1 ing available all of the amount rescinded is enacted into
2 law,
3 (b) The period referred to in subsection (a) is —
4 (1) a congressional review period of 20 calendar
5 days of session during which Congress must com-
6 plete action on the rescission disapproval bill and
7 present such bill to the President for approval or
8 disapproval;
9 (2) after the period provided in paragraph (1),
10 an additional ten days (not including Sundays) dur-
1 1 ing which the President may exercise his authority
12 to sign or veto the rescission disapproval bill; and
13 (3) if the President vetoes the rescission dis-
14 approval bill during the period provided in para-
15 graph (2), an additional five calendar days of session
16 after the date of the veto.
17 (c) If a special message is transmitted by the Presi-
18 dent under this Act and the last session of the Congress
19 adjourns sine die before the expiration of the period de-
20 scribed in subsection (b), the rescission shall not take ef-
21 feet. The message shall be deemed to have been
22 retransmitted on the first day of the succeeding Congress
23 and the review period referred to in subsection (b) (with
24 respect to such message) shall run beginning after such
25 first dav.
loKtt ru
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4
1 SEC. 4. DEFINITIONS.
2 For purposes of this Act —
3 (a) the term "rescission disapproval bill" means
4 a bill or joint resolution which only disapproves a re-
5 scission of discretionary budget authority, in whole,
6 rescinded in a special message transmitted by the
7 President under this Act; and
8 (b) the term "calendar days of session" shall
9 mean only those days on which both Houses of Con-
10 gress are in session.
11 SEC. 6. CONGRESSIONAL CONSIDERATION OF LINE ITEM
12 VETO RESCISSIONS.
13 (a) Presidential Special Message. — ^Whenever
14 the President rescinds any budget authority as provided
15 in this Act, the President shall transmit to both Houses
16 of Congress a special message specifying —
17 (1) the amount of budget authority rescinded;
18 (2) any account, department, or establishment
19 of the Government to which such budget authority
20 is available for obligation, and the specific project or
21 governmental functions involved;
22 (3) the reasons and justifications for the deter-
23 mination to rescind budget authority pursuant to
24 this Act;
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1 (4) to the maximum extent practicable, the esti-
2 mated fiscal, economic, and budgetary effect of the
3 rescission; and
4 (5) all facts, circumstances, and considerations
5 relating to or bearing upon the rescission and the
6 decision to effect the rescission, and to the maxi-