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88 STAT. 337

actions, over all other civil actions, appeals, and writs. No civil action Civil actions; shall be brought by the Comptroller General under this section until 25-day waiting the expiration of 25 calendar days of continuous session of the Con- period. gress following the date on which an explanatory statement by the Statement, Comptroller General of the circumstances giving rise to the action filing. contemplated has been filed with the Speaker of the House of Representatives and the President of the Senate.

PROCEDURE IN JOUSE AND SENATE Sec. 1017. (a) REFERRAL.-Any rescission bill introduced with 31 USC 1407. respect to a special message or impoundment resolution introduced with respect to a proposed deferral of budget authority shall be referred to the appropriate committee of the House of Representatives or the Senate, as the case may be. (b) DISCHARGE OF COMMITTEE.---

(1) If the committee to which a rescission bill or impoundment resolution has been referred has not reported it at the end of 25 calendar days of continuous session of the Congress after its introduction, it is in order to move either to discharge the committee from further consideration of the bill or resolution or to discharge the committee from further consideration of any other rescission bill with respect to the same special message or impoundment resolution with respect to the same proposed deferral, as the case may be, which has been referred to the committee.

(2). Á motion to discharge may be made only by an individual favoring the bill or resolution, may be made only if supported by one-fifth of the Members of the House involved (a quorum being present), and is highly privileged in the House and privileged in the Senate (except that it may not be made after the committee has reported a bill or resolution with respect to the same special message or the same proposed deferral, as the case may be); and debate thereon shall be limited to not more than 1 hour, the time to be divided in the House equally between those favoring and those opposing the bill or resolution, and to be divided in the Senate equally between, and controlled by, the majority leader and the minority leader or their designees. An amendment to the motion is not in order, and it is not in order to move to reconsider

the vote by which the motion is agreed to or disagreed to. (c) FIDOR CONSIDERATION IN THE HOUSE.

(1) When the committee of the House of Representatives has reported, or has been discharged from further consideration of, a rescission bill or impoundment resolution, it shall at any time thereafter be in order (even though a previous motion to the same effect has been disagreed to) to move to proceed to the consideration of the bill or resolution. The motion 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.

(2) Debate on a rescission bill or impoundment resolution shall Debate, time be limited to not more than 2 hours, which shall be divided limitation. equally between those favoring and those opposing the bill or resolution. A motion further to limit debate shall not be debatable. In the case of an impoundment resolution, no amendment to, or motion to recommit, the resolution shall be in order. It shall not be in order to move to reconsider the vote by which a recission bill or impoundment resolution is agreed to or disagreed to.

88 STAT. 338 Postponement motions.

Appeals.

Debate, time limitation.

(3) Motions to postpone, made with respect to the consideration of a rescission bill or impoundment resolution, and motions to proceed to the consideration of other business, shall be decided without debate.

(4) All appeals from the decisions of the Chair relating to the application of the Rules of the House of Representatives to the procedure relating to any rescission bill or impoundment resolution shall be decided without debate.

(5) Except to the extent specifically provided in the preceding provisions of this subsection, consideration of any rescission bill or impoundment resolution and amendments thereto (or any conference report thereon) shall be governed by the Rules of the House of Representatives applicable to other bills and resolutions, amendments, and conference reports in similar circumstances. (d) FLOOR CONSIDERATION IN THE SENATE.

(1) Debate in the Senate on any rescission bill or impoundment resolution, and all amendments thereto (in the case of a rescission bill) and debatable motions and appeals in connection therewith, shall be limited to not more than 10 hours. The time shall be equally divided between, and controlled by, the majority leader and the minority leader or their designees.

(2) Debate in the Senate on any amendment to a rescission bill shall be limited to 2 hours, to be equally divided between, and controlled by, the mover and the manager of the bill. Debate on any amendment to an amendment, to such a bill, and debate on any debatable motion or appeal in connection with such a bill or an impoundment resolution shall be limited to 1 hour, to be equally divided between, and controlled by, the mover and the manager of the bill or resolution, except that in the event the manager of the bill or resolution is in favor of any such amendment, motion, or appeal, the time in opposition thereto, shall be controlled by the minority leader or his designee. No amendment that is not germane to the provisions of a rescission bill shall be received. Such leaders, or either of them, may, from the time under their control on the passage of a rescission bill or impoundment resolution, allot additional time to any Senator during the consideration of any amendment, debatable motion, or appeal.

(3) A motion to further limit debate is not debatable. In the case of a rescission bill, a motion to recommit (except a motion to recommit with instructions to report back within a specified number of days, not to exceed 3, not counting any day on which the Senate is not in session) is not in order. Debate on any such motion to recommit shall be limited to one hour, to be equally divided between, and controlled by, the mover and the manager of the concurrent resolution. In the case of an impoundment resolution, no amendment or motion to recommit is in order.

(4) The conference report on any rescission bill shall be in order in the Senate at any time after the third day (excluding Saturdays, Sundays, and legal holidays) following the day on which such a conference report is reported and is available to Members of the Senate. A motion to proceed to the consideration of the conference report may be made even though a previous motion to the same effect has been disagreed to.

Conference reports.

42-247 0 - 75 - 9

88 STAT. 339 (5) During the consideration in the Senate of the conference Debate, time report on any rescission bill, debate shall be limited to 2 hours, to limitation. be equally divided between, and controlled by, the majority leader and minority leader or their designees. Debate on any debatable motion or appeal related to the conference report shall be limited to 30 minutes, to be equally divided between, and controlled by, the mover and the manager of the conference report.

(6) Should the conference report be defeated, debate on any request for a new conference and the appointment of conferees shall be limited to one hour, to be equally divided between, and controlled by, the manager of the conference report and the minority leader or his designce, and should any motion be made to instruct the conferees before the conferees are named, debate on such motion shall be limited to 30 minutes, to be equally divided between, and controlled by, the mover and the manager of the conference report. Debate on any amendment to any such instructions shall be limited to 20 minutes, to be equally divided between, and controlled by, the mover and the manager of the conference report. In all cases when the manager of the conference report is in favor of any motion, appeal, or amendment, the time in opposition shall be under the control of the minority leader or his designee.

(7) In any case in which there are amendments in disagreement, time on each amendment shall be limited to 30 minutes, to be equally divided between, and controlled by, the manager of the conference report and the minority leader or his designee. No amendment that is not germane to the provisions of such amend

ments shall be received. Approved July 12, 1974.

E. To Amend Section 303 of the Budget and Accounting Act

of 1921

(67 Stat. 229) This act was the result of the enactment of H.R. 5228, 83d Congress. It was approved on July 28, 1953, as Public Law 161, 83d Congress. The text of the act appears in volume 67, Statutes at Large, page 229. Its provisions are codified as 31 U.S.C. 43.

LEGISLATIVE HISTORY OF PUBLIC Law 161, 83D CONGRESS

1. CONGRESSIONAL RECORD REFERENCE TO DEBATES, ETC.

(Page citations are to vol. 99, Congressional Record) H.R. 5228: To amend section 303 of the Budget and Accounting Act of 1921 (42 Stat. 23). Mr. Banner; Committee on Government Operations, 4954. Reported with amendment (H. Rept. 684), 7543. Additional views (H. Rept. 684, pt. 2), 7859. Objected to, 8125. Rules suspended; passed House, 8137. Referred to Senate Committee on Government Operations, 8174. Reported back (S. Rept. 594), 9338. Objected to, 9162. Debated, 9338. Passed Senate, 93.4. Examined and signed, '9465, 9571. Presented to the President, 9571. Approved (Public Law 161), 10407.

2. SERIAL NUMBERS TO BOUND VOLUMES OF CONGRESSIONAL REPORTS TO

PUBLIC LAW 161, 83D CONGRESS

House Report 684, 83d Congress, 11666.
Senate Report 594, 83d Congress, 11661.

3. CONGRESSIONAL HEARINGS RELATING TO PUBLIC LAW 161, 83D

CONGRESS

(None found.)

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42 Stat. 23. 31 UBC 43.

Comptrollor Gerr oral,

Rotiromont uno

AN ACT

July 28, 1953 To amend rectlon 303 of the Budget and Accounting Act, 1021 (42 Stat. 23).

TH. R. 5220) Be it enacted by the Senate and Houre of Representatives of the United States of America in Congress assembled, That section 303 of the Budget and Accounting Act, 1921, approved June 10, 1921, is Amended by adding at the end thereof the following:

"Any Comptroller General who shall be so retired for age after serving at least ten years in his office, or who completes his term,

shall receive an annuity during the remainder of his life equal to the salary nully. payable for his office at the time of retirement or completion of term, except that the annuity of any Comptroller General who completes his term shall be reduced by one-fourth of 1 per centum for ench full month he is under the age of sixty-five at such completion. Any Comptroller General who becomes permanently disabled from performing his duties shall be retired and shall receive an annuity during the remainder of his life equal to the salary payable for his office at the time of retirement if he has served at least ten years therein or equal to one-half of such salary if he has served less than ten years. The annuities provided for herein shall be prid by the General Accounting Office. No person receiving benefits under this Act shall receive other retireinent benefits under any other law of the United States.'

Approved July 28, 1988.

Any

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