Document Sample
00007C3E.pdf Powered By Docstoc
					 93o CONGRESS                 T^        f\r*S\**
                          . R. 3297
                             JAXUAIIY 30,1073
    Foiti), Ms. CHISIIOLM. Mr. PATMAX. Mr. CLRVKLAXD, Mr. PRICK of Illinois,
    Mr. Nix. Mr. Moss, Mr. STDDDS, Mr. GOXYKKS. Mr. AIJCXAXDER. Mr. Mc-
    SL'ADDEX. Mr. OWEXS, Mr. FLOOD, Mr. -CiiAitLES AViLSON' of Texas, Mr.
    Mi-:zvixsKY. >fr. KAXOKL, Mr. DK LUGO, and Mr. Wox PAT) introduced
    the following bill; which was referred to the Coinmittcc^on Rules

                          A BILL
To require the President to notify the Congress whenever he
     impounds funds, of authorizes the impounding of funds, and
     to provide a procedure under which the House of Repre-
     sentatives and the Senate may approve the President's action
     or require the President to cease such action.

1        Be il enacted by llie Senate and House of* Representa-
2 -lives of the United Stales of America in Congress assembled,
3 That (a) whenever the President impounds any funds
     appropriated by law out ot the Treasury for a specific pur-
5 pose or project, or approves (lie impounding of such funds
     by an officer or employee of (he United Stales, he shall,
                                                      FINAL ACTION
 1 within ten days thereafter, transmit to the House of Repre-
 2 sentalivcs and tlie 'Senate ,a special message specifying —
 3             (1) the amount of funds impounded.
 4.            (2) the specific projects or governmental functions
 5        affected thereby, and
 6             (3) the reasons for the impounding of such funds.
 7         (b), Each special message submitted pursuant to sub-
 8 section (a) shall be transmitted to the House of Kepresenta-
 9 tives and the Senate on the same day, and- shall' be delivered
10 to the Clerk of the House of Representatives if the House is
H     not in session, and to the Secretary of the Senate if the Senate
12 is not in session. Each such message shall be printed ,as a
] 3 -document for each House.
j4        SEC. 2. The President shall cease the impounding of
15 funds set forth in each special message within sixty calendar
1C days of continuous session after the message is received by
17 the Congress unless the specific impoundment shall have
18 been ratified by. -the Congress by passage of a resolution in
19 accordance with the procedure set out in section 4. of 'this
20 Act.
21        SEC. 3. ITor purposes, of this Act, the impounding of
22 funds includes—
23             (1) withholding or delaying the expenditure or
24;       obligation of fund? (whether by establishing reserves or
25        otherwise):., appropriated for projects or activities, and
                  <.,,            "3736
1        the termination of .authorized projects or activities for
2       which appropriations have been made, and
3,           ( N 2) any type of executive action which- effectively
4.      precludes the obligation or expenditure of the appropri-
 5       ated funds.
 Q      SEC. 4. (a) The following subsections of this section are
 7 enacted 'by the Congress—
 3            (1) as an exercise of the riilemaking power of the
 9       House of Representatives and the Senate,, respectively,
10       and as such they shall be deemed a part of the rules
H       of each House, respectively, but applicable duly with
12      respect to ihe procedure to 1)e folio wed'in that House in
13      the case of resolutions described by this section; find they
14      shall supersede other rules only to the extent that they
15       are inconsistent therewith;, and
16            (2) with full recognition of :the constitutional right
17       of either House to change the rules (so1 far relating ,to
18       the procedure of that House) at any time, in the same
19      manner, and to the same extent as in the case of any
20       other rule of that House.
21       ('->) (1) #or purposes of this section and section 2 the
22 term "resolution" means only a concurrent resolution of the
23 House of Representatives or the Senate, as the case may be,
24. which is introduced in and acted upon by both Houses before
25 the end of thf first period of sixty calendar days of continuous


   1    session of the Congress after the date on which the Prc,si-

   2 dent's message is received by that House.

   3        (2) The matter after the resolving clause of each reso-

   4 .lution shall read as follows: "That the House of Keprcsenta-

   5 tivcs (Senate) approves the impounding of funds as set forth

   6 in the special message of the President dated           . House

   7    (Senate) Document Numbered             ."

   8        (3) For purposes of this subsection and section 2. the

   9 continuity of a session is broken only b}r an adjournment of

 10 the Congress sine diej and the days on which cither House

 11 is not in session because of an adjournment of more than

 12 three days to a da}r certain shalL.be excluded in the computa-

 13 lion of the sixty-day perio.d.

 14         (c) (1) A resolution introduced with respect to a spe-

 15 cial message shall not be referred to a committee and shall

 16 be privileged business for immediate consideration.. It shall

 17 at any time be in order (even though a previous motion to

 18- the :.same effect-.has been disagreed to) to move to proceed

 19 to the consideration of the resolution. /Such motion shall be

 20 highly privileged and debatable. An amendment to the

 21 motion shall not be in order, and it shall not be in order to

 22' jnove to- reconsider the vote by, which the motion is agreed.

23 to or disagreed to.
,'-2i       <(2:)' If the motion to proceed to the consideration of a

 25 Tesol'uf'ion is agreed; to, debate on the resolution shall be

1    limited to ten hours, which shall be divided equally between

2 (ho.sc favoring and (hose opposing (lie resolution. An amend-
3 incnt t.o the resolution shall not be in order. It shall not be
i    in order to move to reconsider the vote by which the resolu-
5 tion is agreed to or disagreed to, and it shall not be in order
6 to move (o consider any other resolution introduced with

7 respect to the same special mess-age.

8        (3) Motions to postpone, mp r 3 with respect to the
9 consideration of a resolution, and motions to proceed to the

10 consideration of other business, shall be decided without

11 debate.
12       (4) Appeals from the decisions of the Chair relating

38 to the application of the Rules of (he House of Representa-
14 lives cr the Senate, as the case may be, to the procedure

35 relating to a resolution shall be decided without debate.

                   H. R. 3297
               A BILL
To require the President, to notify the Congress
   whenever ho impounds funds, or authorizes
   the impounding, of 1'unds, and to provide a
   procedure under which the House o-f Repre-
   sentatives and the Senate may approve the
   .President's action or require the President to
   cease such action.

   TOX, Mr. W-ii'UAM D. Koiti>, Ms. Cuisiioi^r,
   Mr. PATMAX, Mr. Cr.i5\'Kr.AXi>, Mr. PRICK of
   Illinois, Mr. ]S' ix; Mr. Moss, Mr. STUDDS, Mr.
   Mr. OWBXS, Mr. I<Yoon, Mr. CJI.-AISI-KS "\Vir--
   sox of Texas, Mr. MKZVIXSKY, Mr. RAXOKL,
   Mr. BK TJUOO, and Mr. AY ox PAT
                .JANUARY 80, 197H
       Referred to the Connuittoo on Rulos