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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 119 of 133)


21 (2) by striking "and" at the end of subpara-

22 graph (C), by striking the period and inserting ";

23 and" at the end of subparagraph (D), and by adding

24 at the end the following new subparagraph:



•HR 4434 IH



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1 "(E) comparing the levels in existing pro-

2 grams in such measure to the estimated levels

3 for the current fiscal vear."

4 TITLE II— CHANGES IN DISCRE-

5 TIONARY SPENDING LIMITS

6 SEC. 201. DOWNWARD ADJUSTMENTS OF DISCRETIONARY

7 SPENDING LIMITS.

8 (a) Dow'NWARD Adjustments. — The discretionary

9 spending limit for new budget authority for any fiscal year

10 set forth in section 601(a)(2) of the Congressional Budget

1 1 Act of 1974, as adjusted in strict conformance \\ith sec-

12 tion 251 of the Balanced Budget and Emergency Deficit

13 Control Act of 1985, shall be reduced by the amount in

14 the Deficit Reduction Account set forth in each appropria-

15 tion bill (or changed in the case of a rescission bill pursu-

16 ant to section 1012 of the Congressional Budget Act of

17 1974), as calculated by the Director of the Office of Man-

18 agement and Budget. The adjusted discretionary spending

19 limit for outlavs for that fiscal year and each outvear as

20 set forth in such section 601(a)(2) shall be reduced as a

21 result of the reduction of such budget authority, as cal-

22 culated by the Director of the Office of Management and

23 Budget based upon programmatic and other assumptions

24 set forth in the joint explanatory statement of managers

25 accompan^^ng the conference report on that bill. Reduc-

•HR 44S4 IH



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8

1 tions (if any) shall occur on the day that each such appro-

2 priation bill is enacted into law. For purposes of the Bal-

3 anced Budget and Emergency Deficit Control Act of 1985

4 and the Congressional Budget Act of 1974, amounts in

5 Deficit Reduction Accounts shall only be used to make the

6 adjustments specified in this subsection.

7 (b) Definition. — ^As used in this section, the term

8 "appropriation bill" means any general or special appro-

9 priation bill, and any bill or joint resolution making sup-

10 plemental, deficiency, or continuing appropriations.

1 1 SEC. 202. DEFICIT REDUCTION ACCOUNTS IN APPROPRIA-

12 TION MEASURES AND IN RESCISSION BILLS.

13 (a) Deficit Reduction Accounts. — Title III of

14 the Congressional Budget Act of 1974 is amended by add-

15 ing at the end the follovsing new section:

16 "DEFICIT REDUCTION ACCOUNTS IN APPROPRIATION

17 BILLS AND RESCISSION BILLS

18 "Sec. 314. (a) Any appropriation bill or rescission

19 bill that is being marked up by the Committee on Appro-

20 priations (or a subcommittee thereof) of either House shall

21 contain a line item entitled 'Deficit Reduction Account'.

22 "(b) Wlienever the Committee on Appropriations of

23 either House reports an appropriation bill, that bill shall

24 contain a line item entitled 'Deficit Reduction Account'

25 comprised of the follo\\ing:

•HR 4434 IH



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1 "(1) Only in the case of any general appropria-

2 tion bill containing the appropriations for Treasury

3 and Postal Service (or resolution making continuing

4 appropriations (if applicable)), an amount equal to

5 the amounts by which the discretionary spending

6 limit for new budget authority and outlays set forth

7 in the most recent 0MB sequestration preview re-

8 port pursuant to section 601(a)(2) exceed the sec-

9 tion 602(a) allocation for the fiscal year covered by

10 that bill.

11 "(2) Only in the case of any general appropria-

12 tion bill (or resolution making continuing appropria-

13 tions (if applicable)), an amount not to exceed the

14 amount by which the appropriate section 602(b) al-

15 location of new budget authority exceeds the amount

16 of new budget authority provided by that bill (as re-

17 ported by that committee).

18 "(3) Only in the case of any bill making supple-

19 mental appropriations following enactment of all

20 general appropriation bills for the same fiscal year,

21 an amount not to exceed the amount by which the

22 section 602(a) allocation of new budget authority ex-

23 ceeds the sum of all new budget authority provided

24 by appropriation bills enacted for that fiscal year



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1 plus that supplemental appropriation bill (as re-

2 ported by that committee).

3 "(c)(1) Any amendment which is offered to reduce

4 budget authority to an appropriation bill during its consid-

5 eration by the Committee on Appropriations (or any sub-

6 committee thereof) of either House of Congress or by ei-

7 ther House may increase the amount placed in the Deficit

8 Reduction Account by an amount which does not exceed

9 the reduction in budget authority coritained in the amend-

10 ment. Any amendment to rescind budget authority during

1 1 consideration of any bill by the Committee on Appropria-

12 tions (or any subcommittee thereof) of either House of

13 Congress or by either House may increase the amount

14 placed in the Deficit Reduction Account by an amount

15 which does not exceed the increase in the rescission con-

16 tained in the amendment.

17 "(2) \Mienever any amendment referred to in para-

18 graph (1) is agreed to increasing the amount contained

19 in the Deficit Reduction Account, then the line item enti-

20 tied 'Deficit Reduction Account' shall be increased by that

21 amount.

22 "(3) Any amendment referred to in paragraph (1)

23 shall identify the program, project, or account which is

24 to be reduced in order to increase the Deficit Reduction

25 Account by the amount set forth in that amendment.

•HR 4434 IH



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\ "(d)(1) Any amendment pursuant to subsection

2 (c)(1) shall be in order even if amending portions of the

3 bill not yet read for amendment with respect to the Deficit

4 Reduction Account and shall not be subject to a demand

5 for a division of the question in the House of Representa-

6 tives (or in the Committee of the Whole) or in the Senate.

7 It shall be in order to further amend the amount placed

8 in the Deficit Reduction Account after that amount has

9 been changed by amendment. It shall not be in order to

10 reduce the amount placed in the Deficit Reduction Ac-

1 1 count unless it is pursuant to a motion to strike any pro-

12 posed rescission under section 1012(c)(1)(C) or section

13 1012(c)(3)(B). It shall not be in order to offer an amend-

14 ment increasing a Deficit Reduction Account unless the

15 amendment increases rescissions or reduces appropria-

16 tions by an equivalent amount.

17 "(2) During consideration of such an amendment to

18 an appropriation bill in the House of Representatives, if

19 the ori^nal motion offered by the floor manager proposed

20 to place an amount in the Deficit Reduction Account that

21 is less than the lower of the level in the House or Senate

22 bill, then pending such original motion and before debate

23 thereon, a motion to insist on disagreement to the amend-

24 ment proposed by the Senate shall be preferential to any

25 other motion to dispose of that amendment. Such a pref-

•HR 4434 IH



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12

1 erential motion shall be separately debatable for one hour

2 equally divided between its opponents and the proponents

3 of the original motion. The previous question shall be con-

4 sidered as ordered on such a preferential motion to its

5 adoption without an intervening motion.

6 "(3) The committee report accompanying any appro-

7 priation bill or rescission bill in the House of Representa-

8 tives or Senate and the joint statement of the managers

9 accompanying the conference report on that bill shall set

10 forth—

11 "(A) for any general appropriation bill, the

12 amount of new budget authority and outlaw's derived

13 from the difference between the section 602(b) allo-

14 cations and the appropriation bills;

15 "(B) for any appropriation bill (except a gen-

16 eral appropriation bill) but only if all 13 general ap-

17 propriation bills have been enacted for that fiscal

18 year, the amount of new budget authority and out-

19 la^'s to be derived from the difference between the

20 section 602(a) allocations and the sum of appropria-

21 tion bills for the current year and that bill; and

22 "(C) for any amendment described in sub-

23 section (c)(1) changing the amount in a Deficit Re-

24 duction Account, the program, project, or account

25 assumptions;

•HR 4434 IH



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1 for amounts in the Deficit Reduction Account.

2 "(e) As used in this section —

3 "(1) the term 'appropriation bill' means any

4 general or special appropriation bill, and any bill or

5 joint resolution making supplemental, deficiency, or

6 continuing appropriations; and

7 "(2) the term 'rescission bill' means any bill

8 which rescinds budget authority, including a bill re-

9 ferred to by section 1012.".

10 (b) Conforming Ament)MENT. — The table of con-

11 tents set forth in section 1(b) of the Congressional Budget

12 and Impoundment Control Act of 1974 is amended by in-

13 serting after the item relating to section 313 the following

14 new item:

"Sec. 314. Deficit reduction accounts in appropriation bills.".

15 TITLE III— EXPEDITED RESCIS-

16 SIGNS AND TARGETED TAX

17 BENEFITS

18 SEC. 301. EXPEDITED CONSIDERATION OF CERTAIN PRO-

19 POSED RESCISSIONS AND TARGETED TAX

20 BENEFITS.

21 (a) In Gen'ERAL. — Section 1012 of the Congressional

22 Budget and Impoundment Control Act of 1974 (2 U.S.C.

23 683) is amended to read as follows:



•HR 4434 IH



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1 "EXPEDITED CONSIDERATION OF CERTAIN PROPOSED

2 RESCISSIONS

3 "Sec. 1012. (a) Proposed REsassiON of Budget

4 Authority or Repeal of Targeted Tax Ben^efits. —

5 The President may propose, at the time and in the manner

6 provided in subsection (b), the rescission of any budget

7 authority provided in an appropriation Act or repeal of

8 any targeted tax benefit provided in any revenue Act.

9 Funds made available for obligation under this procedure

10 may not be proposed for rescission again under this sec-

1 1 tion.

12 "(b) Transmittal of Special Message. —

13 "(1) The President may transmit to Congress a

14 special message proposing to rescind amounts of

15 budget authority or to repeal any targeted tax bene-

16 fit and include with that special message a draft bill

17 that, if enacted, would only rescind that budget au-

18 thority or repeal that targeted tax benefit. That bill

19 shall clearly identify the amount of budget authority

20 that is proposed to be rescinded for each program,

21 project, or activity to which that budget authority

22 relates or the targeted tax benefit proposed to be re-

23 pealed, as the case may be. It shall include a Deficit

24 Reduction Account. The President may place in the

25 Deficit Reduction Account an amount not to exceed

•HR 4434 IH



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1 the total rescissions in that bill. A targeted tax bene-

2 fit may only be proposed to be repealed under this

3 section during the 10-calendar-day period (excluding

4 Saturdays, Sundays, and legal holidays) commencing

5 on the day after the date of enactment of the provi-

6 sion proposed to be repealed.

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

8 includes accounts within the jurisdiction of more

9 than one subcommittee of the Committee on Appro-

10 priations, the President in proposing to rescind

1 1 budget authority under this section shall send a sep-

12 arate special message and accompanying draft bill

1 3 for accounts y^ithin the jurisdiction of each such sub-

14 committee.

15 "(3) Each special message shall specify, with

16 respect to the budget authority proposed to be re-

17 scinded, the following:

18 "(A) The amount of budget authority

19 which he proposes to be rescinded.

20 "(B) Any account, department, or estab-

21 lishment of the Government to which such

22 budget authority is available for obligation, and

23 the specific project or governmental functions

24 involved.



•HR 4434 IH



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1 "(C) The reasons why the budget authority

2 should be rescinded.

3 "(D) To the maximum extent practicable,

4 the estimated fiscal, economic, and budgetary

5 effect (including the effect on outlays in each

6 fiscal year) of the proposed rescission.

7 "(E) All facts, circumstances, and consid-

8 erations relating to or bearing upon the pro-

9 posed rescission and the decision to effect the

10 proposed rescission, and to the maximum extent

1 1 practicable, the estimated effect of the proposed

12 rescission upon the objects, purposes, and pro-

13 grams for which the budget authority is pro-

14 \ided.

15 Each special message shall specify, \\ith respect to

16 the proposed repeal of targeted tax benefits, the in-

17 formation required by subparagraphs (C), (D), and

18 (E), as it relates to the proposed repeal.

19 "(c) Procedures for Expedited Consider-

20 ATION. —

21 "(1)(A) Before the close of the second legisla-

22 tive day of the House of Representatives after the

23 date of receipt of a special message transmitted to

24 Congress under subsection (b), the majority lead^er

25 or minority leader of the House of Representatives

•HR 4434 IH



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

2 paming that special message. If the bill is not intro-

3 duced as provided in the preceding sentence, then,

4 on the third legislative day of the House of Rep-

5 resentatives after the date of receipt of that special

6 message, any Member of that House may introduce

7 the bill.

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

9 tee on Appropriations or the Committee on Wav's

10 and Cleans of the House of Representatives, as ap-

1 1 plicable. The committee shall report the bill vvithout

12 substantive revision and "with or v\ithout rec-

13 ommendation. The bill shall be reported not later

14 than the seventh legislative day of that House after

15 the date of receipt of that special message. If that

16 committee fails to report the bill \\ithin that period,

17 that committee shall be automatically discharged

18 from consideration of the bill, and the bill shall be

19 placed on the appropriate calendar.

20 "(C)(i) During consideration under this para-

21 graph, any Member of the House of Representatives

22 may move to strike any proposed rescission or re-

23 scissions of budget authority or any proposed repeal

24 of a targeted tax benefit, as applicable, if supported

25 by 49 other Members.

•HR 4434 IH



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1 "(ii) It shall not be in order for a Member of

2 the House of Representatives to move to strike any

3 proposed rescission under clause (i) unless the

4 amendment reduces the appropriate Deficit Reduc-

5 tion Account (pursuant to section 314) if the pro-

6 gram, project, or account to which the proposed re-

7 scission applies was identified in the Deficit Reduc-

8 tion Account in the special message under subsection

9 (b).

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

11 taken in the House of Representatives on or before

12 the close of the 10th legislative day of that House

13 after the date of the introduction of the bill in that

14 House. If the bill is passed, the Clerk of the House

15 of Representatives shall cause the bill to be en-

16 grossed, certified, and transmitted to the Senate

17 within one calendar day of the day on which the bill

18 is passed.

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

20 tives to proceed to the consideration of a bill under

21 this section shall be highly privileged and not debat-

22 able. An amendment to the motion shall not be in

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

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

25 agreed to.

•HR 4434 IH



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1 "(B) Debate in the House of Representatives

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

3 which shall be di^^ded equally bet\\'een those favoring

4 and those opposing the bill. A motion further to

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

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

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

8 bill is agreed to or disagreed to.

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

10 ing to the application of the Rules of the House of

11 Representatives to the procedure relating to a bill

12 under this section shall be decided ^\^thout debate.

13 "(D) Except to the extent specifically pro\'ided

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

15 sideration of a bill under this section shall be gov-

16 erned by the Rules of the House of Representatives.

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

18 ant to paragraph (1)(D) shall be referred to its

19 Committee on Appropriations or Committee on Fi-

20 nance, as applicable. That committee shall report

21 the bill without substantive re\ision and viith or

22 without recommendation. The bill shall be reported

23 not later than the seventh legislative day of the Sen-

24 ate after it receives the bill. A committee failing to

25 report the bill \\ithin such period shall be automati-

•HR 4434 IH



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1 cally discharged from consideration of the bill, and

2 the bill shall be placed upon the appropriate cal-

3 endar.

4 "(B)(i) During consideration under this para-

5 graph, any Member of the Senate may move to

6 strike any proposed rescission or rescissions of budg-

7 et authority or any proposed repeal of a targeted tax

8 benefit, as applicable, if supported by 14 other Mem-

9 bers.

10 "(ii) It shall not be in order for a Member of

1 1 the House or Senate to move to strike any proposed

12 rescission under clause (i) unless the amendment re-

13 duces the appropriate Deficit Reduction Account

14 (pursuant to section 314) if the program, project, or

15 account to which the proposed rescission applies was

16 identified in the Deficit Reduction Account in the

17 special message under subsection (b).

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

19 the consideration of a bill under this section shall be

20 privileged and not debatable. An amendment to the

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

22 to move to reconsider the vote bv which the motion

23 is agreed to or disagreed to.

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

25 section, and all debatable motions and appeals in

•HR 4434 IH



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1 connection therewith (including debate pursuant to

2 subparagraph (C)), shall not exceed 10 hours. The

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

4 by, the majority leader and the minority leader or

5 their designees.

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

7 motion or' appeal in connection with a bill under this

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

9 be equalh^ divided between, and controlled by, the

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

1 1 the event the manager of the bill is in favor of any

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

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

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

15 'time under their control on the passage of a bill,

16 allot additional time to any Senator during the con-

17 sideration of any debatable motion or appeal.

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

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

20 A motion to recommit a bill under this section is not

21 in order.

22 "(d) Amendments and DmsiONS Prohibited. —

23 Except as othen\ise provided by this section, no amend-

24 ment to a bill considered under this section shall be in

25 order in either the House of Representatives or the Sen-

•HR 4434 IH



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1 ate. It shall not be in order to demand a dhision of the

2 question in the House of Representatives (or in a Commit-

3 tee of the \Miole) or in the Senate. No motion to suspend

4 the application of this subsection shall be in order in either

5 House, nor shall it be in order in either House to suspend

6 the application of this subsection by unanimous consent.

7 "(e) Requirement To MaivE Available for Obli-

8 GATION. — (1) Any amount of budget authority proposed

9 to be rescinded in a special message transmitted to Con-

10 gress under subsection (b) shall be made available for obli-

11 gation on the day after the date on which either House

12 rejects the bill transmitted \\ith that special message.

13 "(2) Any targeted tax benefit proposed to be repealed

14 under this section as set forth in a special message trans-

15 mitted to Congress under subsection (b) shall be deemed

16 repealed unless, during the period described in that sub-

17 section, either House rejects the bill transmitted w\\\\ that

18 special message.

19 "(f) Definitions. — For purposes of this section —

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

21 general or special appropriation Act, and any Act or

22 joint resolution making supplemental, deficiency, or

23 continuing appropriations;



•HR 4434 IH



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1 "(2) the term 'legislative day' means, \\ith re-

2 spect to either House of Congress, any day of ses-

3 sion; and

4 "(3) The term 'targeted tax benefit' means any

5 provision which has the practical effect of providing

6 a benefit in the form of a differential treatment to

7 a particular taxpayer or a limited class of taxpayers,

8 whether or not such provision is limited by its terms

9 to a particular taxpayer or a class of taxpayers.

10 Such term does not include any benefit pro\ided to

11 a class of taxpayers distinguished on the basis of

12 general demographic conditions such as income,

13 number of dependents, or marital status.".

14 (b) Exercise of RuLEMAiaxG Po^^TRS. — Section

15 904 of the Congressional Budget Act of 1974 (2 U.S.C.

16 621 note) is amended —

17 (1) in subsection (a), by striking "and 1017"

18 and inserting "1012, and 1017"; and

19 (2) in subsection (d), by striking "section

20 1017" and inserting "sections 1012 and 1017"; and

21 (c) Conforming A]\iendments. —

22 (1) Section 1011 of the Congressional Budget

23 Act of 1974 (2 U.S.C. 682(5)) is amended by re-

24 pealing paragraphs (3) and (5) and by redesignating

25 paragraph (4) as paragraph (3).

•HR 4434 IH



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1 (2) Section 1014 of such Act (2 U.S.C. 685) is

2 amended —

3 (A) in subsection (b)(1), by striking "or

4 the reservation"; and

5 (B) in subsection (e)(1), by striking "or a

6 reservation" and by striking "or each such res-

7 ervation".

8 (3) Section 1015(a) of such Act (2 U.S.C. 686)

9 is amended bv striking "is to estabUsh a reserve or",

10 by striking "the estabhshment of such a reser\'e or",

1 1 and by striking "reserx'e or" each other place it ap-

12 pears.

13 (4) Section 1017 of such Act (2 U.S.C. 687) is

14 amended —

15 (A) in subsection (a), by striking "rescis-

16 sion bill introduced ^\^th respect to a special

17 message or";

18 (B) in subsection (b)(1), by striking "re-

19 scission bill or", by striking "bill or" the second

20 place it appears, by striking "rescission bill with

21 respect to the same special message or", and by

22 striking ", and the case may be,";

23 (C) in subsection (b)(2), by striking "bill

24 or" each place it appears;



•HR 4434 IH



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1 (D) in subsection (c), by striking "rescis-

2 sion" each place it appears and by striking "bill

3 or" each place it appears;

4 (E) in subsection (d)(1), by striking "re-

5 scission bill or" and by striking ", and all

6 amendments thereto (in the case of a rescission

7 bill)";

8 (F) in subsection (d)(2)—

9 (i) by striking the first sentence;

10 (ii) by amending the second sentence

11 to read as follows: "Debate on anv debat-

12 able motion or appeal in connection with

13 an impoundment resolution shall be limited

14 to 1 hour, to be equally divided between,

15 and controlled by, the mover and the man-

16 ager of the resolution, except that in the

17 event that the manager of the resolution is

18 in favor of any such motion or appeal, the

19 time in opposition thereto shall be con-

20 trolled by the minority leader or his des-

21 ignee.";

22 (iii) by striking the third sentence;

23 and

24 (iv) in the fourth sentence, by striking

25 "rescission bill or" and by striking

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