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United States. Congress. Senate. Committee on the.

Legislative line-item veto proposals : hearing before the Committee on the Budget, United States Senate, One Hundred Third Congress, second session, October 5, 1994

. (page 100 of 133)


12 joint resolution. A committee failing to report the

13 bill or joint resolution within such period shall be

14 automatically discharged from consideration of the

15 bill or joint resolution, and the bill or joint resolu-

16 tion shall be placed upon the appropriate calendar.

17 "(B) A vote on final passage of a bill or joint

18 resolution transmitted to that House shall be taken

19 on or before the close of the 10th calendar day of

20 continuous session of that House after the date on

21 which the bill or joint resolution is transmitted. If

22 the bill or joint resolution is agreed to in that

23 House, the Clerk of the House of Representatives

24 (in the case of a bill or joint resolution agreed to in

25 the House of Representatives) or the Secretary- of

•HR 565 IH



1037

28

1 the Senate (in the case of a bill or joint resolution

2 agreed to in the Senate) shall cause the engrossed

3 bill or joint resolution to be returned to the House

4 in which the bill or joint resolution originated.

5 "(3) (A) A motion in the House of Representa-

6 tives to proceed to the consideration of a bill or joint

7 resolution under this section shall be highly pri\i-

8 leged and not debatable. An amendment to the mo-

9 tion shall not be in order, nor shall it be in order

10 to move to reconsider the vote by which the motion

1 1 is agreed to or disagreed to.

12 "(B) Debate in the House of Representatives

13 on a bill or joint resolution under this section shall

14 not exceed 4 hours, which shall be divided equally

15 bet\veen those favoring and those opposing the bill

16 or joint resolution. A motion further to limit debate

17 shall not be debatable. It shall not be in order to

18 move to recommit a bill or joint resolution under

19 this section or to move to reconsider the vote by

20 which the bill or joint resolution is agreed to or dis-

21 agreed to.

22 "(C) Appeals from decisions of the Chair relat-

23 ing to the application of the Rules of the House of

24 Representatives to the procedure relating to a bill or



•HR 6«6 IH



1038

29

1 joint resolution under this section shall be decided

2 without debate.

3 "(D) Except to the extent specifically provided

4 in the preceding provisions of this subsection, con-

5 sideration of a bill or joint resolution under this sec-

6 tion shall be governed by the Rules of the House of

7 Representatives.

8 "(4) (A) A motion in the Senate to proceed to

9 \ the consideration of a bill or joint resolution under
10^-:^ this section shall be privileged and not debatable. An

11 amendment to the motion shall not be in order, nor

12 shall it be in order to move to reconsider the vote

13 by which the motion is agreed to or disagreed to.

14 "(B) Debate in the Senate on a bill or joint res-

15 olution under this section, and all debatable motions

16 and appeals in connection therewith, shall not exceed

17 10 hours. The time shall be equally divided between,

18 and controlled by, the majority leader and the mi-

19 nority leader or their designees.

20 "(C) Debate in the Senate on any debatable

21 motion or appeal in connection with a bill or joint

22 resolution under this section shall be limited to not

23 more than 1 hour, to be equally divided between,

24 and controlled by, the mover and the manager of the

25 , bill or joint resolution, except that in the event the

•HR 665 IH



1039

30

1 manager of the bill or joint resolution is in favor of

2 any such motion or appeal, the time in opposition

3 thereto, shall be controlled by the minority leader or

4 his designee. Such leaders, or either of them, may,

5 from time under their control on the passage of a

6 bill or joint resolution, allot additional time to any

7 Senator during the consideration of any debatable

8 motion or appeal.

9 "(D) A motion in the Senate to further limit

10 debate on a bill or joint resolution under this section

11 is not debatable. A motion to recommit a bill or joint

12 resolution under this section is not in order.

13 "(e) Amendments Prohibited. — No amendment to

14 a bill or joint resolution con.sidered under this section shall

15 be in order in either the House of Representatives or the

16 Senate. No motion to suspend the application of this sub-

17 section shall be in order in either House, nor shall it be

18 in order in either House to suspend the application of this

19 subsection by luianimous con.sent.

20 "(f) Reqi'ihe.mknt To Make Avah^xhle for Obli-

21 (JATIO.V. — Any amount of budfjet autliority proposed to be

22 rescinded in a special message transmitted to Congress

23 under subsection (b) shall be made available fpr obligation

24 on the dav after the date on which either Hou.se defeats



•HR 565 IH



1040



31

1 the bill or joint resolution transmitted \\ith that special

2 message.

3 "(g) Definitions. — For purposes of this section —

4 "(1) the term 'appropriation Act' means any

5 general or special appropriation Act, and any Act or

6 joint resolution making supplemental, deficiency, or

7 continuing appropriations; and

8 "(2) continuity of a session of either House of

9 Congress shall be considered as broken only by an

10 adjournment of that House sine die, and the days on

1 1 which that House is not in session because of an ad-

12 joumment of more than 3 days to a date certain

13 shall be excluded in the computation of any period.".

14 (b) Exercise of RuLEMAiaNG Powers. — Section

15 904 of such Act (2 U.S.C. 621 note) is amended—

16 (1) by striking "and 1017" in subsection (a)

17 and inserting "1013, and 1018"; and

18 (2) by striking "section 1017" in subsection (d)

19 and inserting "sections 1013 and 1018"; and

20 (c) Conforming Amendments. —

21 (1) Section 1011 of such Act (2 U.S.C. 682(5))

22 is amended —

23 (A) in paragraph (4), by striking "1013"
'.^•24 and inserting "1014"; and

25 (B) in paragraph (5) —

•HR 568 IH



1041

32

1 (i) by strikiiiji- "lOlG" and inserting

2 "1017"; and

3 (ii) by striking "1017(b)(1)" and in-

4 serting "1018(b)(1)".

5 (2) Section 1015 of siieh Act (2 U.S.C. 685)

6 (as redesignated by section 2(a)) is amended —

7 (A) by striking "1012 or 1013" each place

8 it appears and inserting "1012, 1013, or

9 1014";

10 (B) in subsection (b)(1), by striking

11 "1012" and inserting "1012 or 1013";

12 (C) in subsection (b)(2), by striking

13 "1013" and inserting "1014"; and

14 (D) in subsection (e)(2)—

15 (i) by striking "and" at the end of

16 subparagTaj)h (A);

17 (ii) by redesignating subparagraph

18 (B) as subparagi'aph (C);

19 (iii) by striking "1013" in subpara-

20 graph (C) (as so redesignated) and insert-

21 ing"1014"; and

22 (iv) by inserting after subparagi'aph

23 (A) the following new subparagrapji:



•HR 566 m



1042



33

1 "(B) he has transmitted a special message

2 under section 1013 with respect to a proposed

3 rescission; and".

4 (3) Section 1016 of such Act (2 U.S.C. 686)

5 (as redesignated by section 2(a)) is amended by

6 striking "1012 or 1013" each place it appears and

7 inserting "1012, 1013, or 1014".

8 (d) Clerical Amendments. — The table of sections

9 for subpart B of title X of such Act is amended —

10 (1) by redesignating the items relating to sec-

11 tions 1013 through 1017 as items relating to sec-

12 tions 1014 through 1018; and

13 (2) by inserting after the item relating to sec-

14 tion 1012 the following new item:

"Sec. 1013. Expedited consideration of certain proposed rescissions.".

15 TITLE IV— SUPERMAJORITY

16 POINTS OF ORDER

17 SEC. 401. SUPERMAJORITY POINTS OF ORDER.

18 Section 904(c) of the Congi-essional Budget Act of

19 1974 is amended by adding at the end the following new

20 sentence: "Any point of order set forth in title III, IV,

21 or VI may be waived or suspended in the House of Rep-

22 resentatives only by the affirmative vote of three-fifths of

23 the Members voting, a quomm being present.".



•HR 666 IH



1043

January 26, 1993

[From the Congressional Record page H259]



103d congress
1st Session



H. R. 637



To authorize the President to veto an item of appropriation in an Act

or resolution.



IN THE HOUSE OF REPRESENTATIVES

January 26, 1993

Mr. SUNDQUIST introduced the following bill; which was referred to the

Committee on the Judiciarj'



A BILL

To authorize the President to veto an item of appropriation
in an Act or resolution.

1 Be it enacted by the Senate and House of Representa-

2 tives of the United States of America in Congress assembled,

3 SECTION 1. VETO AUTHORnr.

4 The President may disapprove an item of appropria-

5 tion in any Act or resolution.

6 SEC. 2, OBJECTION AND RECONSIDERATION.

7 Whenever the President disapproves an item of ap-

8 propriation pursuant to this Act, the President shall des-



1044



2

1 ignate the disapproved item and return a copy of such

2 item, with his objections, for reconsideration by the House

3 of Congress in which the Act or resolution containing the

4 item originated. If, after such reconsideration, a minority

5 of that House agrees to pass the item, it shall be sent,

6 together with the objections, to the other House for recon-

7 sideration; if approved by a majority of that House, the

8 item shall become law.



HR 637 IH



1045

January 27, 1993

[From the Congressional Record page H309]



103d congress
1st Session



H. R. 666



T6 amend the Impoundment Control Act of 1974 to provide that any rescis-
sion of budget authority proposed by the President take effect unless
specifically disapproved by the adoption of a joint resolution.



IN THE HOUSE OF REPRESENTATIVES

January 27, 1993

Mr. DORNAN (for himself and Mr. Shays) introduced the following bill; which
was referred jointly to the Committees on Government Operations and Rules



A BILL

To amend the Impoundment Control Act of 1974 to provide
that any rescission of budget authority proposed bj^ the
President take effect unless specifically disapproved by
the adoption of a joint resolution.

1 Be it enacted by the Senate and House of Representa-

2 tives of the United States of America in Congress assembled,

3 SECTION 1. AMENDMENT OF DEFINITION OF RESCISSION

4 BILL.

5 Paragraph (3) of section 1011 of the Impoundment

6 Control Act of 1974 is amended by striking out "rescinds,

7 in whole or in part," and by inserting in lieu thereof "ex-

8 presses its disapproval of.



1046



2

1 SEC. 2. REQUIREMENT TO MAKE AVAILABLE FOR OBU-

2 GATION.

3 Subsection (b) of section 1012 of the Impoundment

4 Control Act of 1974 is amended by striking out "rescind-

5 ing all or part of and by inserting in lieu thereof "dis-

6 approving the rescission of.

7 SEC. 3. EFFECTIVE DATE.

8 The amendments made by this Act shall take effect

9 with respect to fiscal years beginning after September 30,
10 1993.



•HR 666 IH



1047

February 18, 1993

[From the Congressional Record page H725]



103d congress
1st Session



H.R.1013



To amend the Congressional Budget Control and Impoundment Act of 1974
to establish procedures for the expedited consideration by the Congress
of certain proposals by the President to rescind amounts of budget
authoritv.



IX THE HOUSE OF REPRESEXTATR'ES

February 18. 1993

Mr. Stenholm (for himself. Mr. Johnson of South Dakota. Mr. Pa\'N'E of
Virginia. Mr. Glick>l\x. Mr. Pennt. Mr. Akmey. Mr. Ant)RE\vs of
Texas. Mr. BArcHUS of Florida. Mr. Baesler. Mr. Ballenger. Mr.
Bereiter. Mr. BiLBR.\Y. Mr. BoEHLERT. Mr. Bro\\T)er. Mr. Bryant.
Mr. Burton of Indiana. Mr. BuYTR, Mr. Cardin. Mr. CLEMENT. Mr.
Clinger. Mr. Condit. Mr. Copper.smith. Mr. Cramer. Mr. Diaz-
B.KLART. Mr. DoRN.\x. Mr. Ed\v.\rds of Texas. Mr. FiNGERHUT. Mr.
Pete Geren of Te.xas. Mr. Gibbons. Mr. Gilchrest. Mr. Goss, Mr.
ILvl.L of Texas. Mr. IL\MlLT0N. Ms. IIarman, Mr. HA^â– ES, Mr. Herger.
Mr. HoBSON. Mr. HrcHES. Mr. Inslee. Mrs. JOHNSON of Connecticut.
Mr. Klink. Mr. KlAG. Mr. L.\R(X'CO. Mr. LANCASTER. Mr. Laughlin.
Mr. Lehm.vn. Mr. >La_vn. Mr. Mazzoli. Mrs. ME'S'ERS of Kansas. Mr.
MiNGE. Mr. MONTGO.MERY, Mrs. MoRELL.\. Mr. Neal of North Caro-
lina. Mr. OxLEY. Mr. Parker. Mr. Peterson of Florida. Mr. Peter-
son of Muinesota. Mr. PETRI, Mr. POMBO, Mr. POSHARD. Mr. Ramstad.
Mr. RoEMER. Mr. Rohr-abacher. Mr. ROWLAND, Mr. Shays, Mr.
Skelton, Mr. Slattery, Mr. Smith of Texas, Mr. Spratt, Mr.
SwETT. Mr. Ta-V.ver. Mr. Tauzin, Mr. Ta^YLOR of Mississippi, Mr.
Upton. Mr Volkmer, Mr. Weldon, Mr. Wilson, Mr. Wolf, Mr.
W^T^EN. and Mr. Zeliff) introduced the following bill; which was re-
ferred jointly to the Committees on Government Operations and Rules



A BILL

To amend tlie Congri'essional Budget Control and Impound-
ment Act of 1974 to establisli procedures for the expe-



1048



ditcnl consideration by the Congrress of certain proposals
by the President to rescind amounts of budget authority.

1 Be it enacted by the Senate and Hoiu>e of Representa-

2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the "Expedited Consider-

5 ation of Proposed Rescissions Act of 1993".

6 SEC. 2. EXPEDITED CONSIDERATION OF CERTAIN PRO-

7 POSED RESCISSIONS.

8 (a) In Genkil^l.— Part B of title X of the Congres-

9 sional Bu(i<>et and Impoundment Control Act of 1974 (2

10 T'.S.(.'. 681 et seq.) is amended by redesijrnatinjr sections

11 101 ;3 throufrh 1017 as sections 1014 throuph 1018, re-

12 .s]>ectively. and insertinjr after section 1012 the following:

13 new section:

14 "EXTEDITED COXSIDEILATION OF (^EKTAIN PHOPOSED

1 5 RESCISSIONS

16 "Sec. 1013. (a) Proposed Rescission of Budcet

17 Authority. — In addition to the method of rescinding

18 budget authority specified in section 1012, the President

19 may propose, at the time and in the manner pro^^ded in

20 subsection (b), the rescission of any budget authority pro-

21 \-ided in an appropriations Act. Funds made available for

22 obligation under this procedure may not be proposed for

23 rescission again under this section or section 1012.

24 -(b) Tli-\N^^M1TTAL OF SPECIAL MESSA(iE.—

•HR 1013 IH



1049



3

1 "(1) Not later than 3 days after the date of en-

2 actment of an appropriation Act, the President may

3 transmit to Congress a special messagre proposing to

4 rescind amounts of budget authority pro\ided in

5 that Act and include with that special message a

6 draft bill that, if enacted, would only rescind that

7 budget authority. That bill shall clearly identify the

8 amount of budget authority that is proposed to be

9 rescinded for each program,' project, or acti\ity to

10 which that budget authority relates.

11 "(2) In the case of an appropriation Act that

12 includes accounts within the jurisdiction of more

13 than one subcommittee of the Committee on Appro-

14 priations. the President in proposing to rescind

15 budget authority under this section shall send a sep-

16 arate special message and accompauAing draft bill

17 for accounts uithin the jurisdiction of each such sub-

18 committee.

19 "(3) Each special message shall specify, ^\^th

20 respect to the budget authority proposed to be re-

21 scinded, the matters referred to in paragraphs (1)

22 through (5) of section 1012(a).

23 "(c) Limitation on Amounts Subject to Rescis-

24 siox.—



•HR 1013 IH



1050

4

1 "(1) The amount of budget authority which the

2 President may propose to rescind in a special mes

3 sage under this section for a particular program,

4 project, or acti\ity for a fiscal year may not exceed
i-

5 • 25 percent of the amount appropriated for that pro-

6 gram, project, or acti\ity in that Act.

7 "(2) The limitation contained in paragraph (1)

8 shall only apply to amounts specifically authorized to

9 be ajijiropriated for a particular program, project, or

10 acti\-ity.

11 "(d) Pho^t.dihes for Expkditei) C<)Nsidp:h-

12 ATION. — j

13 "(1)(A) Before the close of the second day of

14 contiiuious session of the ajiplicable House after the

15 date of receipt of a special message transmitted to

16 Congivss under subsection (b), the majority leader

17 or minority leader of the House of Representatives

18 shall introduce (by request) the draft bill accom-

19 pauA-ing that special message. If the bill is not intro-

20 duced as proxnded in the preceding sentence, then,

21 on the third day of continuous session of the House

22 of Representatives after the date of receipt of tliai

23 special message, any Member of that House may in

24 troduce the bill.



•HR 101.3 IH



1051

5

1 "(B) The bill shall be referred to the Commit-

2 tee on Appropriations of the House of Representa-

3 tives. The committee shall report the bill wthout

4 substantive revision and ^^^th or without rec-

5 ommendation. The bill shall be reported not later

6 than the seventh day of continuous session of that

7 House after the date of receipt of that special mes-

8 sage. If the Committee on Appropriations fails to re-

9 port the bill within that period, that committee shall

10 be automatically discharged from consideration of

11 the bill, and the bill shall be placed on the appro-

12 priate calendar.

13 "(C) During consideration under this para-

14 gi'aph, any Member of the House of Representatives

15 may move to strike any proposed rescission or re-

16 scissions of budget authority if supported by 49

17 other Members.

18 "(D) A vote on final passage of the bill shall be

19 taken in the House of Representatives on or before

20 the close of the 10th calendar day of continuous ses-

21 sion of that House after the date of the introduction

22 of the bill in that House. If the bill is passed, the

23 Clerk of the House of Representatives shall cause

24 the bill to be engrossed, certified, and transmitted to



•HR 1013 IH



1052



6

1 the Senate \\ithin one calendar day of the day on

2 which the bill is passed.

3 "(2) (A) A motion in the House of Representa-

4 tives to proceed to the consideration of a bill under

5 this section shall be highly privileged and not debat-

6 able. An amendment te the motion shall not be in

7 order, nor shall it be in order to move to reconsider

8 the vote by which the motion is agreed to or dis-

9 agreed to.

10 "(B) Debate in the House of Representatives

11 on a bill under this section shall not exceed 4 hours,

12 which shall be divided equally bet\\'een those favoring

13 and those opposing the bill. A motion further to

14 limit debate shall not be debatable. It shall not be

15 in order to move to recommit a bill under this sec-

16 tion or to move to reconsider the vote by which the

17 bill is agreed to or disagreed to.

18 "(C) Appeals from decisions of the Chair relat-

19 ing to the application of the Rules of the House of

20 Representatives to the procedure relating to a bill

21 under this section shall be decided \\ithout debate.

22 "(D) Except to the extent specifically provided

23 in the preceding pro\isions of this subsection, con-

24 sidcration of a bill under this section shall bt> gov-

25 erned bv the Rules of the House of Representatives



"*' 'i



•HR 1013 IH



1053

7

1 "(3) (A) A bill transmitted to the Senate pursu-

2 ant to paragraph (1)(C) shall be referred to its Com-

3 mittee on Appropriations. The committee shall re-

4 port the bill without substantive revision and \^ith or

5 ^^^thout recommendation. The bill shall be reported

6 not later than the seventh day of continuous session

7 of the Senate after it receives the bill. A committee

8 failing to report the bill within such period shall be

9 automatically discharged fr6m consideration of the

10 bill, and the bill shall be placed upon the appropriate

1 1 calendar.

12 "(B) During consideration under this para-

13 graph, any Member of the Senate may move to

14 strike any proposed rescission or rescissions of budg-

15 et authority if supported by 14 other Members.

16 "(C) A vote on final passage of a bill transmit-

17 ted to the Senate shall be taken on or before the

18 close of the 10th calendar day of continuous session

19 of the Senate after the date on which the bill is

20 transmitted. If the bill is passed in the Senate "with-

21 out amendment, the Secretary- of the Senate shall

22 cause the engrossed bill to be returned to the House

23 of Representatives.

24 "(D) If the bill is amended in the Senate solely

25 as pro\ided by subparagraph (B), the Secretarv' of

•HR 1013 IH



1054



8

1 the Senate shall cause an engrossed amendment (in

2 the nature of a substitute) to be returned to the

3 House of Representatives. Upon receipt of that

4 amendment from the Senate, the House shall be

5 deemed to have agreed to the Senate amendment

6 and the Clerk of the House of Representatives shall

7 enroll the bill.

8 "(4)(A) A motion in the Senate to proceed to

9 the consideration of a bill under this section shall be

10 pri\ileged and not debatable. An amendment to the

1 1 motion shall not be in order, nor shall it be in order

12 to move to reconsider the vote bv which the motion

13 is agreed to or disagreed to.

14 "(B) Debate in the Senate on a bill under this

15 section, and all debatable motions and appeals in

16 connection therewith, shall not exceed 10 hours. The

17 time shall be equally di\ided between, and controlled

18 by, the majority leader and the minority leader or

19 their designees.

20 "(C) Debate in the Senate on any debatable

21 motion or appeal in connection \\ith a bill under this

22 section shall be limited to not more than 1 hour, to

23 be equally di\ided between, and controlled by, the

24 mover and the manager of the bill, except that in

25 the event the manager of the bill is in favor of any

•HR 10i;i Ih



1055



9

1 such motion or appeal, the time in opposition there-

2 to, shall be controlled by the minority leader or his

3 designee. Such leaders, or either of them, may, from

4 time under their control on the passage of a bill,

5 allot additional time to any Senator during the eon-

6 sideration of any debatable motion or appeal.

7 "(D) A motion in the Senate to further limit

8 debate on a bill under this section is not debatable.

9 A motion to recommit a bill iinder this section is not

10 in order.

11 "(e) Amendments and Drisions Prohibited. —

12 Except as pro\ided by paragraph (1)(C) or (3)(B) of sub-

13 section (d), no amendment to a bill considered under this

14 section shall be in order in either the House of Represent-

15 atives or the Senate. It shall not be in order to demand

16 a di\ision of the question in the House of Representatives

17 (or in a Committee of the \Miole) or in the Senate. No

18 motion to suspend the application of this subsection shall

19 be in order in either House, nor shall it be in order in

20 either House to suspend the application of this subsection

21 by unanimous consent.

22 "(f) Requirement to MaivE Available for Obli-

23 GATION. — ^Any amount of budget authority proposed to be

24 rescinded in a special message transmitted to Congress

25 under subsection (b) shall be made available for obligation

•HR 1013 IH



1056

10

1 on the day after the date on which either House defeats

2 the bill transmitted \vith that special message.

3 "(g) Definitions. — For purposes of this section —

4 "(1) the term 'appropriation Act' means any

5 general or special appropriation Act, and any Act or

6 joint resolution making supplemental, deficiency, or

7 continuing appropriations; and

8 "(2) continuity of a session of either House of

9 Congress shall be considered as broken only by an

10 adjournment of that House sine die, and the dax-s on

1 1 which that House is not in session because of an ad-

12 journment of more than 3 days to a date certain

13 shall be excluded in the computation of any period.".

14 (b) Exercise of RuLEMAiaNO Pow-ers. — Section

15 904 of such Act (2 U.S.C. 621 note) is amended—

16 (1) by striking "and 1017" in subsection (a)

17 and inserting "1013, and 1018"; and

18 (2) by striking "section 1017" in subsection (d)

19 and inserting "sections 1013 and 1018"; and

20 (c) Conforming Amendments. —

21 (1) Section 1011 of such Act (2 U.S.C. 682(5))

22 is amended —

23 (A) in paragraph (4), by striking "1013 '

24 and inserting "1014"; and

25 (B) in paragraph (5) —



Using the text of ebook Legislative line-item veto proposals : hearing before the Committee on the Budget, United States Senate, One Hundred Third Congress, second session, October 5, 1994 by United States. Congress. Senate. Committee on the active link like:
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