Second Look at Wasteful Spending Act of 2009 - Amends the Congressional Budget and Impoundment Control Act of 1974 to authorize the President to transmit annually to Congress a maximum of four special messages that propose to rescind dollar amounts of discretionary budget authority, items of direct spending, and targeted tax benefits.
Requires an analysis by: (1) the Congressional Budget Office (CBO) of an estimated savings in budget authority or outlays resulting from any such rescission; and (2) the Joint Committee on Taxation of an estimated savings resulting from repeal of targeted tax benefits.
Requires any rescinded budget authority, items of direct spending, or targeted tax benefit to be dedicated only to deficit reduction, and not to be used as an offset for other spending increases or revenue reductions.
Provides for adjustment of: (1) committee allocations resulting from such rescission; and (2) applicable limits, as appropriate, under this Act.
Sets forth procedures for expedited congressional consideration of a proposed rescission.
[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 640 Introduced in Senate (IS)]
111th CONGRESS
1st Session
S. 640
To provide Congress a second look at wasteful spending by establishing
enhanced rescission authority under fast-track procedures.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 19, 2009
Mr. Gregg (for himself and Mr. Lieberman) introduced the following
bill; which was read twice and referred to the Committee on the Budget
_______________________________________________________________________
A BILL
To provide Congress a second look at wasteful spending by establishing
enhanced rescission authority under fast-track procedures.
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 ``Second Look at Wasteful Spending Act
of 2009''.
SEC. 2. ENHANCED RESCISSION AUTHORITY.
(a) In General.--Title X of the Congressional Budget and
Impoundment Control Act of 1974 (2 U.S.C. 621 et seq.) is amended by
striking part C and inserting the following:
``PART C--ENHANCED RESCISSION AUTHORITY
``SEC. 1021. EXPEDITED CONSIDERATION OF CERTAIN PROPOSED RESCISSIONS.
``(a) Proposed Rescissions.--The President may send a special
message, at the time and in the manner provided in subsection (b), that
proposes to rescind dollar amounts of discretionary budget authority,
items of direct spending, and targeted tax benefits.
``(b) Transmittal of Special Message.--
``(1) Special message.--
``(A) In general.--
``(i) Four messages.--The President may
transmit to Congress not to exceed 4 special
messages per calendar year, proposing to
rescind dollar amounts of discretionary budget
authority, items of direct spending, and
targeted tax benefits.
``(ii) Timing.--Special messages may be
transmitted under clause (i)--
``(I) with the President's budget
submitted pursuant to section 1105 of
title 31, United States Code; and
``(II) 3 other times as determined
by the President.
``(iii) Limitations.--
``(I) In general.--Special messages
shall be submitted within 1 calendar
year of the date of enactment of any
dollar amount of discretionary budget
authority, item of direct spending, or
targeted tax benefit the President
proposes to rescind pursuant to this
Act.
``(II) Resubmittal rejected.--If
Congress rejects a bill introduced
under this part, the President may not
resubmit any of the dollar amounts of
discretionary budget authority, items
of direct spending, or targeted tax
benefits in that bill under this part,
or part B with respect to dollar
amounts of discretionary budget
authority.
``(III) Resubmital after sine
die.--If Congress does not complete
action on a bill introduced under this
part because Congress adjourns sine
die, the President may resubmit some or
all of the dollar amounts of
discretionary budget authority, items
of direct spending, and targeted tax
benefits in that bill in not more than
1 subsequent special message under this
part, or part B with respect to dollar
amounts of discretionary budget
authority.
``(B) Contents of special message.--Each special
message shall specify, with respect to the dollar
amount of discretionary budget authority, item of
direct spending, or targeted tax benefit proposed to be
rescinded--
``(i) the dollar amount of discretionary
budget authority available and proposed for
rescission from accounts, departments, or
establishments of the government and the dollar
amount of the reduction in outlays that would
result from the enactment of such rescission of
discretionary budget authority for the time
periods set forth in clause (iii);
``(ii) the specific items of direct
spending and targeted tax benefits proposed for
rescission and the dollar amounts of the
reductions in budget authority and outlays or
increases in receipts that would result from
enactment of such rescission for the time
periods set forth in clause (iii);
``(iii) the budgetary effects of proposals
for rescission, estimated as of the date the
President submits the special message, relative
to the most recent levels calculated consistent
with the methodology described in section 257
of the Balanced Budget and Emergency Deficit
Control Act of 1985 and included with a budget
submission under section 1105(a) of title 31,
United States Code, for the time periods of--
``(I) the fiscal year in which the
proposal is submitted; and
``(II) each of the 10 following
fiscal years beginning with the fiscal
year after the fiscal year in which the
proposal is submitted;
``(iv) any account, department, or
establishment of the Government to which such
dollar amount of discretionary budget authority
or item of direct spending is available for
obligation, and the specific project or
governmental functions involved;
``(v) the reasons why such dollar amount of
discretionary budget authority or item of
direct spending or targeted tax benefit should
be rescinded;
``(vi) the estimated fiscal and economic
impacts, of the proposed rescission;
``(vii) to the maximum extent practicable,
all facts, circumstances, and considerations
relating to or bearing upon the proposed
rescission and the decision to effect the
proposed rescission, and the estimated effect
of the proposed rescission upon the objects,
purposes, and programs for which the budget
authority or items of direct spending or
targeted tax benefits are provided; and
``(viii) a draft bill that, if enacted,
would rescind the budget authority, items of
direct spending and targeted tax benefits
proposed to be rescinded in that special
message.
``(2) Analysis by congressional budget office and joint
committee on taxation.--
``(A) In general.--Upon the receipt of a special
message under this part proposing to rescind dollar
amounts of discretionary budget authority, items of
direct spending, and targeted tax benefits--
``(i) the Director of the Congressional
Budget Office shall prepare an estimate of the
savings in budget authority or outlays
resulting from such proposed rescission and
shall include in its estimate, an analysis
prepared by the Joint Committee on Taxation
related to targeted tax benefits; and
``(ii) the Director of the Joint Committee
on Taxation shall prepare an estimate and
forward such estimate to the Congressional
Budget Office, of the savings from repeal of
targeted tax benefits.
``(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.
``(3) Enactment of rescission bill.--
``(A) Deficit reduction.--Amounts of budget
authority or items of direct spending or targeted tax
benefit that are rescinded pursuant to enactment of a
bill as provided under this part shall be dedicated
only to deficit reduction and shall not be used as an
offset for other spending increases or revenue
reductions.
``(B) Adjustment of budget targets.--Not later than
5 days after the date of enactment of a rescission bill
as provided under this part, 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 adjustments shall reflect
the budgetary effects of such rescissions as estimated
by the President pursuant to paragraph (1)(B)(iii). 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.
``(C) Adjustments to caps.--After enactment of a
rescission bill as provided under this part, the
President shall revise applicable limits under the
Second Look at Wasteful Spending Act of 2009, as
appropriate.
``(c) Procedures for Expedited Consideration.--
``(1) In general.--
``(A) Introduction.--Before the close of the second
day of session of the Senate and the House of
Representatives, respectively, after the date of
receipt of a special message transmitted to Congress
under subsection (b), the majority leader of each
House, for himself, or minority leader of each House,
for himself, or a Member of that House designated by
that majority leader or minority leader shall introduce
(by request) the President's draft bill to rescind the
amounts of budget authority or items of direct spending
or targeted tax benefits, as specified in the special
message and the President's draft bill. If the bill is
not introduced as provided in the preceding sentence in
either House, then, on the third day of session of that
House after the date of receipt of that special
message, any Member of that House may introduce the
bill.
``(B) Referral and reporting.--
``(i) One committee.--The bill shall be
referred by the presiding officer to the
appropriate committee. The committee shall
report the bill without any revision and with a
favorable, an unfavorable, or without
recommendation, not later than the fifth day of
session of that House after the date of
introduction of the bill in that House. If the
committee fails to report the bill within that
period, the committee shall be automatically
discharged from consideration of the bill, and
the bill shall be placed on the appropriate
calendar.
``(ii) Multiple committees.--
``(I) Referrals.--If a bill
contains provisions in the jurisdiction
of more than 1 committee, the bill
shall be jointly referred to the
committees of jurisdiction and the
Committee on the Budget.
``(II) Views of committee.--Any
committee, other than the Committee on
the Budget, to which a bill is referred
under this clause may submit a
favorable, an unfavorable
recommendation, without recommendation
with respect to the bill to the
Committee on the Budget prior to the
reporting or discharge of the bill.
``(III) Reporting.--The Committee
on the Budget shall report the bill not
later than the fifth day of session of
that House after the date of
introduction of the bill in that House,
without any revision and with a
favorable or unfavorable
recommendation, or with no
recommendation, together with the
recommendations of any committee to
which the bill has been referred.
``(IV) Discharge.--If the Committee
on the Budget fails to report the bill
within that period, the committee shall
be automatically discharged from
consideration of the bill, and the bill
shall be placed on the appropriate
calendar.
``(C) Final passage.--A vote on final passage of
the bill 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 part shall be decided without debate.
``(D) Application of house rules.--Except to the
extent specifically provided in this part,
consideration of a bill under this part 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 part 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 consideration.--Consideration in
the Senate of 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), and the House
has not amended the bill, then the Senate shall
consider the Senate bill, and if the Senate has
not amended it's bill, 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 without amendment, the Senate bill shall
be held pending receipt of the House message on
the bill. Upon receipt of the House companion
bill, if the House bill is not amended by the
House, 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 and House of
Representatives, the bill has been amended by either
chamber, 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).
``(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. The conferees shall only report
recommendations to strike or retain any of the
provisions stricken by either chamber.
``(D) Procedure.--Consideration 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 House of
Representatives on or before the close of the 2nd day
of session after the date the conference report is
submitted. If the conference report is passed, the
Clerk of the House of Representatives shall cause the
conference report to be transmitted to the Senate
before the close of the next day of session.
``(F) Action of the senate.--A vote on final
passage of the conference report shall be taken in the
Senate on or before the close of the 2nd day of session
after the date the conference report is received from
the House.
``(d) 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, an item of direct
spending, or a targeted tax benefit 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, an item of direct spending, or a targeted
tax benefit 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.
``(e) Temporary Presidential Authority To Withhold.--
``(1) Availability.--The President may not withhold any
dollar amount of discretionary budget authority until the
President transmits and Congress receives a special message
pursuant to subsection (b). Upon receipt by Congress of a
special message pursuant to subsection (b), the President may
direct that any dollar amount of discretionary budget authority
proposed to be rescinded in that special message shall be
withheld from obligation for a period not to exceed 45 calendar
days from the date of receipt by Congress.
``(2) Early availability.--The President may make any
dollar amount of discretionary budget authority withheld from
obligation pursuant to paragraph (1) available at an earlier
time if the President determines that continued withholding
would not further the purposes of this Act.
``(f) Temporary Presidential Authority To Suspend.--
``(1) Suspend.--
``(A) In general.--The President may not suspend
the execution of any item of direct spending or
targeted tax benefit until the President transmits and
Congress receives a special message pursuant to
subsection (b). Upon receipt by Congress of a special
message, the President may suspend the execution of any
item of direct spending or targeted tax benefit
proposed to be rescinded in that message for a period
not to exceed 45 calendar days from the date of receipt
by Congress.
``(B) Limitation on 45-day period.--The 45-day
period described in subparagraph (A) shall be reduced
by the number of days contained in the period beginning
on the effective date of the item of direct spending or
targeted tax benefit; and ending on the date that is
the later of--
``(i) the effective date of the item of
direct spending or targeted benefit; or
``(ii) the date that Congress receives the
special message.
``(C) Clarification.--Notwithstanding subparagraph
(B), in the case of an item of direct spending or
targeted tax benefit with an effective date within 45
days after the date of enactment, the beginning date of
the period calculated under subparagraph (B) shall be
the date that is 45 days after the date of enactment
and the ending date shall be the date that is the later
of--
``(i) the date that is 45 days after
enactment; or
``(ii) the date that Congress receives the
special message.
``(2) Early availability.--The President may terminate the
suspension of any item of direct spending or targeted tax
benefit suspended pursuant to paragraph (1) at an earlier time
if the President determines that continuation of the suspension
would not further the purposes of this Act.
``(g) Definitions.--In this part:
``(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--
``(A) in the case of a dollar amount of
discretionary budget authority, to reduce or repeal a
provision of law to prevent that budget authority or
obligation limitation from having legal force or
effect; and
``(B) in the case of direct spending or targeted
tax benefit, to repeal a provision of law in order to
prevent the specific legal obligation of the United
States from having legal force or effect.
``(6) Direct spending.--The term `direct spending' means
budget authority provided by law (other than an appropriation
law), mandatory spending provided in appropriation Acts, and
entitlement authority.
``(7) Item of direct spending.--The term `item of direct
spending' means any specific provision of law enacted after the
effective date of the Second Look at Wasteful Spending Act of
2009 that is estimated to result in an increase in budget
authority or outlays for direct spending relative to the most
recent levels calculated consistent with the methodology
described in section 257 of the Balanced Budget and Emergency
Deficit Control Act of 1985 and included with a budget
submission under section 1105(a) of title 31, United States
Code, and, with respect to estimates made after that budget
submission that are not included with it, estimates consistent
with the economic and technical assumptions underlying the most
recently submitted President's budget.
``(8) Suspend the execution.--The term `suspend the
execution' means, with respect to an item of direct spending or
a targeted tax benefit, to stop the carrying into effect of the
specific provision of law that provides such benefit.
``(9) Targeted tax benefit.--The term `targeted tax
benefit' means--
``(A) any revenue provision that has the practical
effect of providing more favorable tax treatment to a
particular taxpayer or limited group of taxpayers when
compared with other similarly situated taxpayers; or
``(B) any Federal tax provision which provides one
beneficiary temporary or permanent transition relief
from a change to the Internal Revenue Code of 1986.''.
(b) Exercise of Rulemaking Powers.--Section 904 of the
Congressional Budget Act of 1974 (2 U.S.C. 621 note) is amended--
(1) in subsection (a), by striking ``and 1017'' and
inserting ``1017, and 1021''; and
(2) in subsection (d), by striking ``section 1017'' and
inserting ``sections 1017 and 1021''.
(c) Clerical Amendments.--
(1) Short title.--Section 1(a) of the Congressional Budget
and Impoundment Control Act of 1974 is amended by--
(A) striking ``Parts A and B'' before ``title X''
and inserting ``Parts A, B, and C''; and
(B) striking the last sentence and inserting at the
end the following new sentence: ``Part C of title X
also may be cited as the `Second Look at Wasteful
Spending Act of 2009'.''.
(2) Table of contents.--The table of contents set forth in
section 1(b) of the Congressional Budget and Impoundment
Control Act of 1974 is amended by deleting the contents for
part C of title X and inserting the following:
``Part C--Enhanced Rescission Authority
``Sec. 1021. Expedited consideration of certain proposed
rescissions.''.
(d) Severability.--If any provision of this Act or the amendments
made by it is held to be unconstitutional, the remainder of this Act
and the amendments made by it shall not be affected by the holding.
(e) Effective Date and Expiration.--
(1) Effective date.--The amendments made by this Act
shall--
(A) take effect on the date of enactment of this
Act; and
(B) apply to any dollar amount of discretionary
budget authority, item of direct spending, or targeted
tax benefit provided in an Act enacted on or after the
date of enactment of this Act.
(2) Expiration.--The amendments made by this Act shall
expire on December 31, 2010.
<all>
Introduced in Senate
Read twice and referred to the Committee on the Budget.
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