Table Of ContentEXPEDITED RESCISSION AUTHORITY FOR THE
\(
PRESIDENT
M.G ^ING
74/7: R 31/9
FORE THE
:xpedited Rescissioa Autlioritg for. . . ^ ^^^ NATIONAL
SECURITY SUBCOMMITTEE
OF THE
COMMITTEE ON
GOVERNMENT OPERATIONS
HOUSE OP REPRESENTATIVES
ONE HUNDRED THIRD CONGRESS
FIRST SESSION
ON
H.R. 354
TO AMEND THE CONGRESSIONAL BUDGET AND IMPOUNDMENT CON-
TROL ACT OF 1974 TO PROVIDE FOR THE EXPEDITED CONSIDER-
ATION OF CERTAIN PROPOSED RESCISSIONS OF BUDGET AUTHORITY
H.R. 493
TO GIVE THE PRESIDENT LEGISLATIVE, LINE-ITEM VETO RESCISSION
AUTHORITY OVER APPROPRIATION BILLS AND TARGETED TAX BENE-
FITS IN REVENUE BILLS
H.R. 1013
TO AMEND THE CONGRESSIONAL BUDGET CONTROL AND IMPOUND-
MENT ACT OF 1974 TO ESTABLISH PROCEDURES FOR THE EXPEDITED
CONSIDERATION BY THE CONGRESS OF CERTAIN PROPOSALS BY THE
PRESIDENT TO RESCIND AMOUNTS OF BUDGET AUTHORITY
MARCH 10, 1993
Printed for the use of the Committee on Government Operations
m
U.S. GOVERNMENT PRINTING OFFICE OCT
3
f
70-S52CC WASHINGTON : 1993
ForsalebytheU.S.GovernmentPrintingOffice
SuperintendentofDocuments,CongressionalSalesOffice,Washington,DC 204P2;
ISBN 0-16-041284-6
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EXPEDITED RESCISSION AUTHORITY FOR THE
PRESIDENT
U
^ING
74/7; R 31/9
FORE THE
m,i R«cissi.. dutkorit, for. . . ^ ^^ NATIONAL
SECURITY SUBCOMMITTEE
OF THE
COMMITTEE ON
GOVERNMENT OPERATIONS
HOUSE OP REPRESENTATIVES
ONE HUNDRED THIRD CONGRESS
FIRST SESSION
ON
H.R. 354
TO AMEND THE CONGRESSIONAL BUDGET AND IMPOUNDMENT CON-
TROL ACT OF 1974 TO PROVIDE FOR THE EXPEDITED CONSIDER-
ATION OF CERTAIN PROPOSED RESCISSIONS OF BUDGET AUTHORITY
H.R. 493
TO GIVE THE PRESIDENT LEGISLATIVE, LINE-ITEM VETO RESCISSION
AUTHORITY OVER APPROPRIATION BILLS AND TARGETED TAX BENE-
FITS IN REVENUE BILLS
H.R, 1013
TO AMEND THE CONGRESSIONAL BUDGET CONTROL AND IMPOUND-
MENT ACT OF 1974 TO ESTABLISH PROCEDURES FOR THE EXPEDITED
CONSIDERATION BY THE CONGRESS OF CERTAIN PROPOSALS BY THE
PRESIDENT TO RESCIND AMOUNTS OF BUDGET AUTHORITY
MARCH 10, 1993
Printed for the use of the Committee on Government Operations
U.S. GOVERNMENT PRINTING OFFICE OCl f3
70-552CC WASraNGTON : 1993
ForsalebytheU.S.GovernmentPrintingOffice
SuperintendentofDocumentsI,SBCNongr0e-s1si6o-na0l4S1a2le8s4O-f6fice,WashingtonvDC-.ltj'^i^ ^'''"^'•'.'^^"••'>i.-rjfi?rn!
COMMITTEE ON GOVERNMENT OPERATIONS
JOHN CONYERS, JR., Michigan, Chairman
CARDISS COLLINS, Illinois WILLIAM F. CLINGER, JR., Pennsylvania
GLENN ENGLISH, Oklahoma AL MCCANDLESS, California
HENRY A. WAXMAN, California J. DENNIS HASTERT, Illinois
MIKE SYNAR, Oklahoma JON L. KYL, Arizona
STEPHEN L. NEAL, North Carolina CHRISTOPHER SHAYS, Connecticut
TOM LANTOS, California STEVEN SCHIFF, New Mexico
MAJOR R. OWENS, New York C. CHRISTOPHER COX, California
EDOLPHUS TOWNS, New York CRAIG THOMAS, Wyoming
JOHN M. SPRATT, JR., South Carohna ILEANA ROS-LEHTINEN, Florida
GARY A. CONDIT, California RONALD K. MACHTLEY, Rhode Island
COLLIN C. PETERSON, Minnesota DICK ZIMMER, New Jersey
KAREN L. THURMAN, Florida WILLIAM H. ZELIFF, JR., New Hampshire
BOBBY L. RUSH, Illinois JOHN M. MCHUGH, New York
CAROLYN B. MALONEY, New York STEPHEN HORN, California
THOMAS M. BARRETT, Wisconsin DEBORAH PRYCE, Ohio
DONALD M. PAYNE, New Jersey JOHN L. MICA, Florida
FLOYD H. FLAKE, New York
JAMES A. HAYES, Louisiana BERNARD SANDERS, Vermont
CRAIG A. WASHINGTON, Texas (Independent)
BARBARA-ROSE COLLINS, Michigan
CORRINE BROWN, Florida
MARJORIE MARGOLIES-MEZVINSKY,
Pennsylvania
LYNN C. WOOLSEY, California
JilUAN Epstein, StaffDirector
Kevin CroNIN,Associate Counsel
Matthew R. Fletcher, Minority StaffDirector
Legislation and National Security Subcommittee
JOHN CONYERS, JR., Michigan, Chairman
CARDISS COLLINS, Illinois AL McCANDLESS, California
GLENN ENGLISH, Oklahoma WILLIAM F. CLINGER, JR., Pennsylvania
STEPHEN L. NEAL, North Carolina JON L. KYL, Arizona
CAROLYN B. MALONEY, New York DICK ZIMMER, New Jersey
TOM LANTOS, California
CORRINE BROWN, Florida
RobertJay KLIKZ, Deputy StaffDirector
James C. Turner, Associate Counsel
Miranda G. KaTSOYANNIS, Professional StaffMember
CherylA. I*HELPS, Professional StaffMember
Eric M. Thorson, ProfessionalStaffMember
Joseph CirINCIONE, Professional StaffMember
BENNIE B. WILUAMS, Clerk
Cheryl G. Matcho, Clerk
Rosaund Burke-Alexander, Clerk
Kevin Sabo, Minority Counsel
(II)
CONTENTS
Page
Hearingheldon March 10, 1993 1
TextofH.R. 354, H.R. 493, andH.R. 1013 2
Statementof:
Coiwers, Hon. John, Jr., a Representative in Congress from the State
of Michigan, and chairman, Legislation and National Security Sub-
committee: Opening statement 1
Fisher, Louis, senior specialist in separation of powers. Congressional
Research Service, LibraryofCongress 129
Michel, Hon. Robert H., a Representative in Congress from the State
ofIllinois 60
Panetta, LeonE., Director, Oflice ofManagement andBudget 46
Reischauer, Robert D., Director, Congressional Budget Office 94
Socolsir, Milton J., Special Assistant to the Comptroller General, U.S.
General AccountingOffice 109
Stenholm, Hon. Charles W., a Representative in Congress from the State
ofTexas 79
White, Joseph, research associate, government studies division, Brookings
Institute 143
Letters, statements, etc., submitted fortherecord:
Clinger, Hon. William F., Jr., a Representative in Congress from the
State ofPennsylvania: Prepared statement 44
Conyers, Hon. John, Jr., a Representative in Congress from the State
of Michigan, and chairman. Legislation and National Security Sub-
committee: Opening statement 35
Fisher, Louis, senior specialist in separation of powers. Congressional
Research Service, LibraryofCongress: Prepared statement 132
McCandless, Hon. Al, a Kepresentative in Congress from the State of
California: Preparedstatement 41
Michel, Hon. Robert H., a Representative in Congress from the State
ofIllinois:
Information concerning special interest provisions in H.R. 11 62
Preparedstatement 73
Panetta, Leon E., Director, Office ofManagement and Budget: Prepared
statement 49
Reischauer, Robert D., Director, Congressional Budget Office:
Letter dated March 16, 1993, from John Conyers, Jr., chairman,
Legislation and National Security Subcommittee, to Director, Con-
gressional Budget Office requesting more information, and March
30, 1993, response 123
Prepared statement 97
Socolar, Milton J., Special Assistant to the Comptroller General, U.S.
General AccountingOffice: Prepared statement Ill
Stenholm, Hon. Charles W., a Representative in Congress from the State
ofTexas: Prepared statement 81
White, Joseph, research associate, government studies division, Brookings
Institute: Prepared statement 146
(III)
EXPEDITED RESCISSION AUTHORITY FOR
THE PRESIDENT
WEDNESDAY, MARCH 10, 1993
House of Representatives,
Legislation and National Security Subcommittee
OF THE Committee on GtOvernment Operations,
Washington, DC.
The subcommittee met, pursuant to notice, at 10:10 a.m., in room
2154, Raybum House Office Building, Hon. John Conyers, Jr.
(chairman ofthe subcommittee) presiding.
Members present: Representatives John Conyers, Jr., Glenn Eng-
lish, Carol}^! B. Maloney, Corrine Brown, Al McCandless, William
F. dinger, Jr., Jon L. Kyi, and Dick Zimmer.
Also present: Representative John M. Spratt, Jr.
Subcommittee staff present: James C. Turner, associate counsel;
Rosalind Burke-Alexander, clerk; and Kevin Sabo, minority coun-
sel.
Full committee staffpresent: Kevin Cronin, associate counsel.
OPENING STATEMENT OF CHAIRMAN CONYERS
Mr. Conyers. The subcommittee will come to order. Ladies and
gentlemen, we've gathered here today to discuss Presidential expe-
dited rescission authority.
We're delighted that our former colleague, Leon Panetta, now the
Director of the Office ofManagement and Budget, has joined us to
begin this discussion.
I'm struck by a couple of things. First, that we have had rescis-
sions apply to discretionary spending that have not had, perhaps,
the effect that some of its proponents want. Driven by spiraling
health-care costs and recession, only about one-third of all Federal
outlays would be subject to rescission authority, so we have to ap-
proach it with some care.
I was just talking with a former chairman of this committee.
Jack Brooks, who reminded me ofthe constitutional problems ifwe
were to go further in terms of line item veto or matters of that
kind.
As the first witness knows, we passed one measure in this regard
in the last session, and here we are again re-examining the matter.
So we welcome Leon Panetta to lead us in this discussion.
[The text of the bills H.R. 354, H.R. 493, H.R. 1013, and the
opening statement ofMr. Conyers follow:!
(1)
103d congress H. R. 354
1st Session
To amend the Congressional Budget and Impoundment Control Act of 1974
to provide for the expedited consideration ofcertain proposed rescissions
ofbudget authority.
IN THE HOUSE OF REPRESENTATIVES
January 5, 1993
Mr. Slatteryintroduced the followingbill; whichwas referredjointlyto the
Committees on Government Operations and Rules
A
BILL
To amend the Congressional Budget and Impoundment Con-
trol Act of 1974 to provide for the expedited consider-
ation of certain proposed rescissions of budget authority.
1 Be it enacted by the Senate and House ofRepresenta-
2 tives ofthe United States ofAmerica in Congress assembled,
3 SECTION 1. SHORTTITLE.
4 - This Act may be cited as the "Expedited Consider-
5 ation ofProposed RescissionsAct of 1993".
6 SEC. 2. EXPEDITED CONSIDERATION OF CERTAIN PRO-
7 POSEDRESCISSIONS.
—
8 (a) In General. Part B of title X of the Congres-
9 sional Budget and Impoundment Control Act of 1974 (2
1
2
1 U.S.C. 681 et seq.) is amended by redesignating sections
2 1013 through 1017 as sections 1014 through 1018, re-
3 spectively, and inserting after section 1012 the following
4 new section:
5 "expedited CONSroERATION OF CERTAIN PROPOSED
6 RESCISSIONS
7 "Sec. 1013. (a) Proposed Rescission of Budget
—
8 Authority. In addition to the method of rescinding
9 budget authority specified in section 1012, the President
10 may propose, at the time and in the manner provided in
1 subsection (b), the rescission of any budget authority pro-
12 vided in an appropriations Act. Funds made available for
13 obligation under this procedure may not be proposed for
14 rescission againunderthis section or section 1012.
—
15 "(b) Transmittal of Special Message.
16 "(1) Not later than 3 days after the date of en-
17 actment of an appropriation Act, the President may
18 transmit to Congress a special message proposing to
19 rescind amounts of budget authority provided in
20 that Act and include with that special message a
21 draft bill or joint resolution that, if enacted, would
22 only rescind that budget authority.
23 "(2) In the case of an appropriation Act that
24 includes accounts within the jurisdiction of more
25 than one subcommittee of the Committee on Appro-
26 priations, the President in proposing to rescind
•HR 3S4 IH
—
3
1 budget authority under this section shall send a sep-
2 arate special message and accompanying draft bill or
3 joint resolution for accounts witliin the jurisdiction
4 of each such subcommittee.
5 "(3) Each special message shall specify, with
6 respect to the budget authority proposed to be re-
7 scinded, the matters referred to in paragraphs (1)
8 through (5) of section 1012(a).
9 "(c) Limitation on Amounts Subject to Rescis-
10 SION.
11 "(1) The amount of budget authority which the
12 President may propose to rescind in a special mes-
13 sage under this section for a particular program,
14 project, or activity for a fiscal year may not exceed
15 25 percent of the amount appropriated for that pro-
16 gram, project, or activity in that Act.
17 ''(2) The limitation contained in paragraph.(1)
18 shall only apply to a program, project, or activity
19 that is authorized by law.
20 "(d) Procedures for Expedited Consider-
—
21 ation.
22 "(1)(A) Before the close of the second day of
23 continuous session of the applicable House after the
24 date of receipt of a special message transmitted to
25 Congress under subsection (b), the majority leader
•HR 364 IH
