rule which carefully balances diverging interests and permits the
consideration of H.R. 1578 and several amendments.

Earlier this year, I wrote Chairman MOAKLEY regarding this leg-
islation, urging that he and his committee make all germane
amendments in order under the rule. The chairman has done the
House one better, offering a special waiver to permit the consider-
ation of the amendment of Minority Leader MiCHEL, to extend re-
scission authority to revenue measures.

I want to clarify that I do not support the minority leader's
amendment. I am concerned that the extension of rescission au-
thority to revenue measures will serve as a poison pill, destroying
the limited nature of this expedited rescission proposal. In the
event that Congress wishes to pursue this tax rescission option.
Congress will have the opportunity to review the issue following
the 2-year trial run of this expedited rescission process. While I do
not support the minority leader's amendment, the House, today,
will have the opportunity to consider the merits of this proposal.

Earlier, the Grovemment Operations Committee, Legislation Sub-
committee held a wide ranging hearing on expedited rescission.
During this hearing, our former colleague, 0MB Director Leon Pa-
netta, repeated the administration's call for the adoption of expe-
dited rescission authority. Since the hearing, the Committee on
Government Operations and Congressman John Spratt have
worked diligently with the administration and 0MB, the majority
leader, the Rules Committee and other committed Members of Con-
gress to prepare this legislation for the floor.

All of us are committed to eliminating wasteful and unproductive
Federal spending. The Government Operations Committee has vig-
orously exercised its oversight function, to address fraud, waste,
and mismanagement throughout the Federal Government. How-
ever, I am more troubled by untested and potentially damaging al-



590

tematives to the careful expansion of existing rescission authority
represented by H.R. 1578.

I am also concerned by the potential for abuse and many of the
criticisms you will hear today reflect apprehension fueled by ad-
ministrative abuses of the 1970's. The Impoundment Control Act
was adopted in response to the administration's misuse of im-
poundment to unilaterally and indefinitely cancel spending for se-
lected programs. Consequently, this expedited rescission authority
provides for a careful expansion of Presidential rescission authority
for a limited trial run and the authority expires 2 years after en-
actment.

H.R. 1578 represents a modest effort to create a limited, addi-
tional deficit reduction tool for the President. The bill provides the
President with a certainty of a vote on the President's rescission
proposals, guaranteeing an accelerated process through Congress.
While the President is guaranteed a vote on his rescissions, noth-
ing can become law without the support of a majority of both
Houses of Congress. This legislation respects congressional power
of the purse.

H.R. 1578 also provides for congressional authority to offer a re-
scission alternative that is the immediate subject of consideration
in the House if the President's rescission propossd is defeated. If
the Appropriations Committee believes they can offer a better re-
scission package which emphasizes congressional priorities, they
are free to report an alternative rescission proposal as well, pro-
vided it rescinds an equal or greater amount of budget authority.
Additionally, nothing prohibits or impedes Congress from reporting
additional rescissions under our constitutional power of the purse.
This bill won't impede our authority to reconsider programs and re-
scind spending that fails to match with Federal priorities.

President Clinton's budget moves the country forward, address-
ing both the budget deficit and our national investment deficit, re-
investing in critical spending priorities such as education and
health. However, the Nation needs to move away from huge deficit
increases accumulated during the past two administrations. Three
quarters of the total Federal debt has been accumulated during the
past 12 years. With a projected 1993 budget deficit of approxi-
mately $319 billion and over $4.1 trillion in aggregated Federal
debt, the President could benefit from additional, stronger deficit
reduction tools to rein in unnecessary Federal spending. Yesterday,
President Clinton repeated his call for passage of this expedited re-
scission legislation.

I urge my colleagues to support the rule and H.R. 1578.

Mr. DERRICK. Mr. Chairman, I move that the Committee do
now rise.

The motion was agreed to.

Accordingly, the Committee rose; and the Speaker pro tempore
(Mr. Andrews of New Jersey) having assumed the chair, Mr.
Swift, Chairman of the Committee of the Whole House on the
State of the Union, reported that that Committee, having had
under consideration the bill, H.R. 1578, to amend the Congres-
sional Budget and Impoundment Control Act of 1974 to provide for
the expedited consideration of certain proposed rescissions of budg-
et authority, had come to no resolution thereon.



591

LEGISLATIVE PROGRAM

Mr. SOLOMON. Mr. Speaker, I have asked for this time for the
purpose of entering into a colloquy with the manager of the bill
from the Rules Committee on the schedule for tomorrow. I assume
the House is going in at 11 in the morning and that there will be
some 1-minute speeches, and at that point it would be in order for
the gentleman from Delaware [Mr. Castle] to call up his amend-
ment in the nature of a substitute. Is that correct?

Mr. DERRICK. Mr. Speaker, will the gentleman yield?

Mr. SOLOMON. I yield to the gentleman from South Carolina.

Mr. DERRICK. Mr. Speaker, I think that basically is correct. I
am a little shaky on that. I do not have the latest word. But my
understanding is that we will come in and do some normal things
that we do when we first go into session, and then we will go into
the Castle-Solomon amendment. And then we will try to finish the
amendments and finish the bill, which should take several hours,
and probably we will be out of here by early afternoon or mid-after-
noon at the latest.

Mr. SOLOMON. And there is a Michel amendment to the Castle
substitute, and we would tomorrow morning perhaps like to clarify
the fact that the gentleman from Illinois [Mr. Michel] would at
some point during that 1 hour of debate on the Castle substitute
be able to call up his amendment to that amendment.

Mr. DERRICK. The gentleman from Illinois [Mr. Michel] cer-
tainly has that right under the rule.

Mr. SOLOMON. I thank the gentleman.

[From the Congressional Record pages H2 138-2 163]

April 29, 1993

EXPEDITED RESCISSIONS ACT OF 1993

The SPEAKER pro tempore (Mr. Fields of Louisiana). Pursuant
to House Resolution 149 and rule XXIII, the Chair declares the
House in the Committee of the Whole House on the State of the
Union for the further consideration of the bill, H.R. 1578.

in the committee of the whole

Accordingly, the House resolved itself into the Committee of the
Whole House on the State of the Union for the further consider-
ation of the bill (H.R. 1578) to amend the Congressional Budget
and Impoundment Control Act of 1974 to provide for the expedited
consideration of certain proposed rescissions of budget authority,
with Mr. Swift in the chair.

The Clerk read the title of the bill.

The CHAIRMAN. When the Committee of the Whole rose on
Wednesday, April 28, 1993, all time for general debate had expired.

Pursuant to the rule, the amendment in the nature of a sub-
stitute printed in part 1 of House Report 103-52 is considered as
an original bill for the purpose of amendment under the 5-minute
rule and is considered as read.

The text of the amendment in the nature of a substitute made
in order as an original bill is as follows:



592

H.R. 1578

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 "Expedited Rescissions Act of 1993".

SEC. 2. EXPEDITED CONSIDERATION OF CERTAIN PROPOSED RESCIS-
SIONS.

(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 Budget Authority. —
In addition to the method of rescinding 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 budget au-
thority provided in an appropriation 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 calendar days after the date of enact-
ment of an appropriation Act, the President may transmit to
Congress one special message proposing to rescind amounts of
budget authority provided in that Act and include with that
special message a draft bill that, if enacted, would only rescind
that budget authority. That bill shall clearly identify the
amount of budget authority that is proposed to be rescinded for
each program, project, or activity to which that budget author-
ity relates.

"(2) In the case of an appropriation Act that includes ac-
counts within the jurisdiction of more than one subcommittee
of the Committee on Appropriations, the President in propos-
ing to rescind budget authority under this section shall send
a separate special message and accompanying draft bill for ac-
counts within the jurisdiction of each such subcommittee.

"(3) Each special message shall specify, with respect to the
budget authority proposed to be rescinded, the matters referred
to in paragraphs (1) through (5) of section 1012(a).
"(c) Procedures for Expedited Consideration. —

"(1)(A) Before the close of the second legislative day of the
House of Representatives after the date of receipt of a special
message transmitted to Congress under subsection (b), the ma-
jority leader or minority leader of the House of Representatives
shall introduce (by request) the draft bill accompanying that
special message. If the bill is not introduced as provided in the
preceding sentence, then, on the third legislative day of the
House of Representatives after the date of receipt of that spe-
cial message, any Member of that House may introduced the
bill.

"(B)(i) The bill shall be referred to the Committee on Appro-
priations of the House of Representatives. The committee shall



593

report the bill without substantive revision, and with or with-
out recommendation. The bill shall be reported not later than
the seventh legislative day of that House after the date of re-
ceipt of that special message. If the Committee on Appropria-
tions fails to report the bill within that period, that committee
shall be automatically discharged from consideration of the
bill, and the bill shall be placed on the appropriate calendar.

"(ii) The Committee on Appropriations may report to the
House, within the 7-legislative day period described in clause
(i), an alternative bill which —

"(I) contains only rescissions to the same appropriation
Act as the bill for which it is an alternative; and

"(H) which rescinds an aggregate amount of budget au-
thority equal to or greater than the aggregate amount of
budget authority rescinded in the bill for which it is an al-
ternative.

"(C) A vote on final passage of the bill referred to in subpara-
graph (B)(i) shall be taken in the House of Representatives on
or before the close of the 10th legislative day 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 engrossed, certified, and transmitted
to the Senate within one calendar day of the day on which the
bill is passed.

"(D) Upon rejection of the bill described in subparagraph
(B)(i) on final passage, a motion in the House to proceed to con-
sideration of the alternative bill reported from the Committee
on Appropriations under subparagraph (B)(ii) shall be highly
privileged and not debatable.

"(E) A vote on final passage of the bill referred to in subpara-
graph (B)(ii) shall be taken in the House of Representatives on
or before the close of the 11th legislative day of that House
after the date of the introduction of the bill in that House for
which it is an alternative. If the bill is passed, the Clerk of the
House of Representatives shall cause the bill to be engrossed,
certified, and transmitted to the Senate within one calendar
day of the day on which the bill is passed.

"(2)(A) A motion in the House of Representatives to proceed
to the consideration of a bill 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 recon-
sider the vote by which the motion is agreed to or disagreed
to.

"(B) Debate in the House of Representatives on a bill under
this section 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 section
or to move to reconsider the vote by which the bill is agreed
to or disagreed to.

"(C) Appeals from decisions of the Chair relating to the ap-
plication of the Rules of the House of Representatives to the
procedure relating to a bill under this section shall be decided
without debate.



594

"(3)(A) A bill transmitted to the Senate pursuant to para-
graph (1) (C) or (E) shall be referred to its Committee on Ap-
propriations. The committee shall report the bill either without
substantive revision or with an amendment in the nature of a
substitute, and with or without recommendation. The bill shall
be reported not later than the seventh legislative day of the
Senate after it receives the bill. A committee failing to report
the bill within such period shall be automatically discharged
from consideration of the bill, and the bill shall be placed upon
the appropriate calendar.

"(B) A vote on final passage of a bill transmitted to the Sen-
ate shall be taken on or before the close of the 10th legislative
day of the Senate after the date on which the bill is transmit-
ted.

"(4)(A) A motion in the Senate to proceed to the consider-
ation of a bill under this section shall be privileged and not de-
batable. 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 under this section, and
all amendments thereto 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 major-
ity leader and the minority leader or their designees.

"(C) Debate in the Senate on any debatable motion or appeal
in connection with a bill under this section shall be limited to
not more than 1 hour, to be equally divided between, and con-
trolled by, the mover and the manager of the bill, except that
in the event the manager of the bill is in favor of any such mo-
tion or appeal, the time in opposition thereto, shall be con-
trolled by the minority leader or his designee. Such leaders, or
either of them, may, from time under their control on the pas-
sage of a bill, 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
under this section is not debatable. A motion to recommit a bill
under this section is not in order.
"(d) Amendments and Divisions Generally Prohibited. — (1)
Except as provided by paragraph (2), no amendment to a bill con-
sidered under this section or to a substitute amendment referred
to in paragraph (2) shall be in order in either the House of Rep-
resentatives or the Senate. It shall not be in order to demand a di-
vision of the question in the House of Representatives (or in a
Committee of the Whole) or in 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.

"(2)(A) It shall be in order in the Senate to consider an amend-
ment in the nature of a substitute reported by the Committee on
Appropriations under subsection (c)(3)(A) that complies with sub-
paragraph (B).

"(B) It shall only be in order in the Senate to consider any
amendment described in subparagraph (A) if —



595

"(i) the amendment contains only rescissions to the same ap-
propriation Act as the bill that it is amending contained; and

"(ii) the aggregate amount of budget authority rescinded
equals or exceeds the aggregate amount of budget authority re-
scinded in the bill that it is amending;

unless that amendment consists solely of the text of the bill as in-
troduced in the House of Representatives that makes rescissions to
carry out the applicable special message of the President.

"(C) It shall not be in order in the Senate to consider a bill or
an amendment in the nature of a substitute reported by the Com-
mittee on Appropriations under subsection (c)(3)(A) unless the Sen-
ate has voted upon and rejected an amendment in the nature of a
substitute consisting solely of the text of the bill as introduced in
the House of Representatives that makes rescissions to carry out
the applicable special message of the President.

"(e) Requirement to Make Available for Obligation. — ^Any
amount of budget authority proposed to be rescinded in a special
message transmitted to Congress under subsection (b) shall be
made available for obligation on the earlier of —

"(1) the day after the date upon which the House of Rep-
resentatives defeats the bill transmitted with that special mes-
sage rescinding the amount proposed to be rescinded and (if re-
ported by the Committee on Appropriations) the alternative
bill; or

"(2) the day after the date upon which the Senate rejects a
bill or amendment in the nature of a substitute consisting sole-
ly of the text of the bill as introduced in the House of Rep-
resentatives that makes rescissions to carry out the applicable
special message of the President.
"(f) Definitions. — For purposes of this section —

"(1) the term 'appropriation Act' means any general or spe-
cial appropriation Act, and any Act or joint resolution making
supplemental, deficiency, or continuing appropriations; and

"(2) the term 'legislative day' means, with respect to either
House of Congress, any calendar day during which that House
is in session.".

(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"; and

(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 section 2(a)) is amended —

(A) by striking "1012 or 1013" each place it appears and
inserting "1012, 1013, or 1014";



596

(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 subpara-
graph (C);

(iii) by striking "1013" in subparagraph (C) (as so re-
designated) and inserting "1014"; and

(iv) by inserting after subparagraph (A) the follow-
ing 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 section 2(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 section 1013
through 1017 as items relating to section 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.".

SEC. 3. APPUCATION.

(a) In General. — Section 1013 of the Congressional Budget and
Impoundment Control Act of 1974 (as added by section 2) shall
apply to amounts of budget authority provided by appropriation
Acts (as defined in subsection (f) of such section) that are enacted
during the One Hundred Third Congress.

(b) Special Transition Rule. — ^Within 3 calendar days after the
beginning of the One Hundred Fourth Congress, the President may
retransmit a special message, in the manner provided in section
1013(b) of the Congressional Budget and Impoundment Control Act
of 1974 (as added by section 2), proposing to rescind only those
amounts of budget authority that were contained in any special
message to the One Hundred Third Congress which that Congress
failed to consider because of its sine die adjournment before the
close of the time period set forth in such section 1013 for consider-
ation of those proposed rescissions. A draft bill shall accompany
that special message that, if enacted, would only rescind that budg-
et authority. Before the close of the second legislative day of the
House of Representatives after the date of receipt of that special
message, the majority leader or minority leader of the House of
Representatives shall introduce (by request) the draft bill accom-
panying that special message. If the bill is not introduced as pro-
vided in the preceding sentence, then, on the third legislative day
of the House of Representatives after the date of receipt of that
special message, any Member of that House may introduce the bill.
The House of Representatives and the Senate shall proceed to con-
sider that bill in the manner provided in such section 1013.



597

SEC. 4. TERMINATION.

The authority provided by section 1013 of the Congressional
Budget and Impoundment Control Act of 1974 (as added by section
2) shall terminate 2 years after the date of enactment of this Act.

SEC. 5. JUDICIAL REVIEW.

(a) Expedited Review. —

(1) Any Member of Congress may bring an action, in the
United States District Court for the District of Columbia, for
declaratory judgment and injunctive relief on the ground that
any provision of section 1013 (as added by section 2) violates
the Constitution.

(2) A copy of any complaint in an action brought under para-
graph (1) shall be promptly delivered to the Secretary of the
Senate and the Clerk of the House of Representatives, and
each House of Congress shall have the right to intervene in
such action.

(3) Any action brought under paragraph (1) shall be heard
and determined by a three-judge court in accordance with sec-
tion 2284 of title 28, United States Code.

Nothing in this section or in any other law shall infringe upon the
right of the House of Representatives to intervene in an action
brought under paragraph (1) without the necessity of adopting a
resolution to authorize such intervention.

(b) Appeal to Supreme Court. — Notwithstanding any other pro-
vision of law, any order of the United States District Court for the
District of Columbia which is issued pursuant to an action brought
under paragraph (1) of subsection (a) shall be reviewable by appeal
directly to the Supreme Court of the United States. Any such ap-
peal shall be taken by a notice of appeal filed within 10 days after
such order is entered; and the jurisdictional statement shall be
filed within 30 days after such order is entered. No stay of an order
issued pursuant to an action brought under paragraph (1) of sub-
section (a) shall be issued by a single Justice of the Supreme Court.

(c) Expedited Consideration. — It shall be the duty of the Dis-