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tions et SO SE
JANUARY 3, 1973
mittee on Rules
proving the impounding of funds without the consent of
Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 3 That this Act may be cited as the "Congressional Spending
4 Power Act of 1973."
Sec. 2. (a) The President shall not impound any funds 6 appropriated by law out of the Treasury for a specific pur
pose or project, or approve the impounding of such funds 8 by any officer or employee of the United States unless
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(1) The President shall transmit to the House of
(B) the specific projects or governmental functions affected thereby, and
(C) the reason for the impounding of such
(2) The Congress shall approve the specific im
10 pounding of funds in accordance with the procedure set 11 out in section 5 of this Act within sixty calendar days of 12 continuous session after the special message is received 13 by the Congress. 14 (b) Each special message submitted pursuant to subsec15 tion (a) shall be transmitted to the House of Representatives 16 and the Senate on the same day, and shall be delivered to 17 the Clerk of the House of Representatives if the House is not 18 in session, and to the Secretary of the Senate if the Senate 19 is not in session. Each such message shall be printed as a 20 document of each House.
(c) If the Congress does not consider the special mes22 sage submitted pursuant to subsection (a) within the 23 sixty-day period referred to in subsection (a), approval of 24 the proposed impounding of funds shall be deemed to have
25 been refused.
1 SEC. 3. Whenever the Congress shall refuse to approve a 2 proposed impounding of funds set forth in a special message 3 submitted pursuant to section 2 (a), the President shall not 4 again submit a special message to the Congress proposing to 5 impound any of such funds in whole or in part during the
SEC. 4. For purposes of this Act, the impounding of
8 funds includes
(a) the withholding of funds (whether by establishing reserves or otherwise) appropriated for projects or activities, and the termination of authorized projects or activities for which appropriations have been made,
(b) the delaying of the expenditure or obligation 15 of funds beyond the close of the fiscal year in which the 16 expenditure or obligation was intended by the Congress 17
in appropriating such funds. 18
Sec. 5. (a) The following subsections of this section 19 are enacted by the Congress20
(1) as an exercise of the rulemaking power of the 21
House of Representatives and the Senate, respectively, 22
and as such they shall be deemed as a part of the rules 23
of each House, respectively, but applicable only with 24
respect to the procedure to be followed in that House 25
in the case of resolutions described in this section; and
they shall supersede other rules only to the extent that
(2) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in any manner, and to the same extent as in the case of any
other rule of that House.
(b) (1) For purposes of this section, the term "reso
9 lution" means only a concurrent resolution of the House of
10 Representatives or the Senate, as the case may be, which is 11 introduced and acted upon by both Houses before the end 12 of the first period of sixty calendar days of continuous session 13 of the Congress after the date on which the President's spe14 cial message is received by that House.
(2) The matter after the resolving clause of each reso
16 lution shall read as follows: "That the House of Representa
tives (Senate) approves the proposed impounding of funds as set forth in the special message of the President dated
House (Senate) Document numbered (3) For purposes of this subsection, the continuity of a session is broken only by an adjournment of the Congress sine die, and the days on which either House is not in session because of an adjournment of more than three days to a day certain shall be excluded from the computation of the sixty day period.
(c) (1) A resolution introduced with respect to a special
1 message shall not be referred to a committee and shall be
2 privileged business for immediate consideration. It shall at
any time be in order (even though a previous motion to
4 the same effect has been disagreed to) to proceed to the
5 consideration of the resolution. Such motion shall be highly
6 privileged and not debatable. An amendment to the motion
12 limited to ten hours, which shall be equally divided between 13 those favoring and those opposing the resolution. An amend
ment to the resolution shall not be in order. It shall not be
15 in order to reconsider the vote by which the resolution is
agreed to or disagreed to, and it shall not be in order to move to consider any other resolution introduced with respect to
(3) Motions to postpone, made with respect to the consideration of a resolution, and motions to proceed to the consideration of other business, shall be decided without
(4) Appeals from decisions of the Chair relating to the application of the rules of the House of Representatives or the Senate, as the case may be, to the procedure relating
to a resolution shall be decided without debate.