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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 122 of 133)


17 or obligation of money from the Treasury-. Such items

18 shall include, without being limited to, items of appropria-

19 tions, spending authorizations, authority to borrow money

20 on the credit of the United States or otherwise, dedica-

21 tions of revenues, entitlements, uses of assets, insurance,

22 guarantees of borro\ving, and any authority to incur obli-

23 gations.

24 "Section 9. Sections 1, 2, 3, 4 5, and 6 of this Arti-

25 cle shall take effect for the fiscal [vear 1997 or for the

•HJ lis IH



1460



5

1 second fiscal year beginning after its ratification, which-

2 ever is later. Sections 7 and 8 of this article shall take

3 effect upon ratification of this article.".



•HJ 115 IH



1461

April 22, 1993

[From the Congressional Record page H2024]

U



103d congress
1st Session



H. J. RES. 183



Proposing an amendment to the Constitution of the United States to allow
an item veto of appropriation bills.



IN THE HOUSE OF REPRESENTATIVES

April 22, 1993

Mr. Haxcock introduced the following joint resolution; which was referred to

the Committee on the Judieiarv



JOINT RESOLUTION

Proposing an amendment to the Constitution of the United
States to allow an item veto of appropriation bills.

1 Resolved by the Senate and House of Representatives

2 of the United States of America in Congress assembled (two-

3 thirds of each House concurring therein), That the foUow-

4 ing article is proposed as an amendment to the Constitu-

5 tion of the United States, which shall be valid to all intents

6 and purposes as part of the Constitution when ratified by

7 the legislatures of three-fourths of the several States with-



1462



2

1 in seven years after the date of its submission for ratifica-

2 tion:

3 "Article —

4 . "The President may disapprove any item of appro-

5 priation in any bill. If any bill is approved by the Presi-

6 dent, any item of appropriation contained therein which

7 is not disapproved shall become law. The President shall

8 return with his objections any item of appropriation dis-

9 approved to the House in which the bill containing such

10 item originated. The Congress may, in the manner pre-

11 scribed under section 7 of article I for bills disapproved

12 by the President, reconsider any item disapproved under

13 this article.".



•lU 183 m



1463

August 6, 1993

[From the Congressional Record page H6381]

lA



103d congress

1st Session



H. J. RES. 25 1



Proposing an amendment to the Constitution of the United States to p^o^^de
for budgetan- reform by requiring the reduction of the deficit, a balanced
Federal budget, the repaj-ment of the national debt, and establishing
line item veto authoritj' for the President.



IN THE HOUSE OF REPRESEXTATIVES

August 6, 1993

Mr. Allard (for himself and Mr. E\nxG) introduced the following joint
resolution; which was referred to the Committee on the Judiciar\-



JOINT RESOLUTION

Proposing an amendment to the Constitution of the United
States to provide for budgetan^ reform by requiring the
reduction of the deficit, a balanced Federal budget, the
repaj-ment of the national debt, and establishing line
item veto authoritv for the President.

1 Resolved by the Senate and House of Representatives

2 of the United States ofAmenca in Congress assembled (two-

3 thirds of eacJi House concurring tJierein), That the follow-

4 ing article is proposed as an amendment to the Constitu-

5 tion of the United States, which shall be valid to all intents



1464

2

1 and purposes as part of the Constitution when ratified by

2 the legislatures of three-fourths of the several States with-

3 in seven years aft'er the date of its submission for ratifica-

4 tion:

5 "Article —

6 "Section 1. Except as provided by this Article, be-

7 ginning wath the fiscal year 1997 or for the first fiscal

8 year beginning after ratification, whichever is later, the

9 President shall submit a budget of revenues and outlaw's

10 to Congress, and Congress shall adopt a budget that re-

1 1 duces the deficit existing the year prior to ratification of

12 this Article by not less than ten percent per year in order

13 to balance the budget -within ten fiscal years.

14 "Section 2. Except as provided by this Article, be-

15 ginning ^\^th the eleventh year beginning after ratification

16 and for every year thereafter, budgeted outlays shall not

17 exceed budgeted revenues.

18 "Section 3. Beginning with the eleventh year after

19 ratification, the actual revenues shall exceed actual outla\'s

20 in order to provide for the reduction of the gross federal

21 debt which is outstanding at the end of the tenth year

22 after ratification.

23 "The amount of such reduction will be equal to the

24 amount required to amortize the debt over the next t\venty



•HJ 201 IF



1465



3

1 years, in order to repay the entire debt by the end of the

2 thirtieth year after ratification.

3 "Section 4. Congress may waive the provisions of

4 this Article (except for sections 5 and 6) for any fiscal

5 year in which a declaration of war is in effect.

6 "Section 5. No bill to increase revenues shall be-

7 come law unless approved by a majority of the total mem-

8 bership of each House of Congress by a roll call vote,

9 "Section 6. The President shall have the power to

10 disapprove any appropriation or provision and approve any

1 1 other appropriation or provision in the same appropriation

12 bill. In such case the President shall, in signing the bill,

13 designate the appropriations and provisions disapproved,

14 and shall return a copy of such appropriations and provi-

15 sions, with the President's objections, to the House in

16 which the bill shall have originated; and the same proceed-

17 ings shall then be had as in the case of other bills dis-

18 approved by the President.

19 "Section 7. Congress shall review actual revenues

20 on a quarterly basis and adjust appropriations to assure

2 1 compliance with this Article.

22 "Section 8. For purposes of this Article, revenues

23 shall include all revenues of the United States excluding

24 borrowing and outlaj-s shall include all outlays of the

25 United States excluding repavment of debt principal.".



1466

[From the Congressional Record pages E2076-2077]

BALANCE OUR BUDGET
HON. WAYNE ALLARD

OF COLORADO

Mr. ALLARD. Mr. Speaker, today I am introducing legislation
that will help Congress get a hold on its spending. Congress has
been unsuccessful in all previous statutory attempts to reduce the
deficit and balance the budget. For that reason, I am introducing
a joint resolution to amend the U.S. Constitution to require the
President to propose a budget that reduces the deficit by not less
than 10 percent per year in order to balance the budget within 10
years.

Following the 11th year of ratification of this amendment, the
President will be required to propose a balanced budget. At such
time, this measure will mandate that Congress begin paying down
the gross Federal debt in payments that are equal to the amount
required to amortize such debt over the next 20 years. This will
repay the entire debt by the end of the 30th year after ratification.
To help enforce fiscal accountability, I have also included a Presi-
dential line-item veto.

This legislation is founded on the same logic used when buying
a house. When you purchase a home you go deeply into debt, but
then you take out a mortgage and finance it over a fixed number
of years and amortize the amount with a scheduled series of pay-
ments to reduce the debt. It takes discipline to make your monthly
payment, but you understand that if you do not make the payment
you could lose your home. Our Government should operate under
that same principle.

We must stop borrowing from future generations to pay for the
consumption habits of this generation. Our current rate of spending
also must eventually be tied to a debt repajrment schedule that has
the teeth necessary to balance our budget.

This is tough medicine, but we must begin to make serious
strides toward reducing the debt of this Nation.

Historical Budget Acts

You can't fault Congress for trying to pass statutory legislation
to balance the budget, but to date all efforts have failed. Here is
a listing of each of Congress' attempt to get ahold of the budget.

The Budget and Accountability Act of 1921. — Required the Presi-
dent to make appropriate recommendations to Congress in the
budget whenever the estimates of revenue spending in the budget
show a deficit or a surplus. The Act directed the President to rec-
ommend "new taxes, loans and other appropriate action" to meet
a projected deficit. In 1982 the reference to new taxes and loans
was removed.

The Revenue Act of 1964. — ^This act stated, "to further the objec-
tive of obtaining balanced budgets in the near future. Congress by
this action recognizes the importance of taking all reasonable
means to restrain Government spending and urges the President to
declare his accord with this objective."



1467

The Revenue Act of 1978.— This act stated, "and the Federal
budget should be balanced in fiscal years 1982 and 1983."

The Humphrey-Hawkins Act of 1978. — ^This act stated, "fiscal
policies that should establish the share of expanding Gross Na-
tional Product accounted for by Federal outlays at the lowest level
consistent with national needs and priorities, a balanced budg-

The Byrd Amendment of 1978. — ^This amendment stated, "begin-
ning with fiscal year 1981, the total budget outlays of the Federal
Government shall not exceed its receipts."

The Temporary Increase in the Public Debt Limit of 1979. — This
act required the House and Senate Budget Committees to report
balanced budgets by April 15 of 1979, 1980, and 1981. It also re-
quired the President to submit alternative proposals for a balanced
budget if his budget submission for fiscal year 1981 or 1982 rec-
ommended a deficit for either fiscal year.

The Gramm-Rudman-Hollings Act of 1985. — This Act set forth
annual deficit targets leading to a balanced federal budget by fiscal
year 1991 £ind established an automatic process for across-the-
board spending cuts (sequestration) aimed at keeping the deficit
within statutory targets. During the period that the GRH Act has
been in effect, sequestration has been triggered five times — once
each for fiscal years 1986, 1988, and 1990, and twice for fiscal year
1991. The sequestration reductions made for fiscal year 1986 were
voided by court action and later reafiirmed, the reductions for fiscal
year 1988 were later rescinded, the reductions for 1991 were ap-
plied in one instance to domestic discretionary programs and in an-
other to international discretionary programs (the latter reductions
were later rescinded). Sequestration was forestalled for fiscal year
1989 because the estimated deficit was less than the $10 billion
margin-of-error amount.

The Balanced Budget and Emergency Deficit Control Reaffirma-
tion Act of 1987. — ^This act modified GRH and extended the goal of
a balanced budget to fiscal year 1993.

The Budget Enforcement Act of 1990. — This act revised the defi-
cit targets in the GRH Act, making the targets adjustable rather
than fixed, and extended the sequestration process for two more
years — through fiscal year 1995 (although the budget is not re-
quired, and is not expected, to be in balance by that time. Addition-
ally, two new procedures enforceable by sequestration were estab-
lished: (1) adjustable limitations on different categories of discre-
tionary spending funded in the annual appropriations process and
(2) a "pay-as-you-go" process to require that increases in direct
spending or decreases in revenues due to legislative action are off-
set so that there is no net increase in the deficit. The 1990 amend-
ments changed the focus of the GRH Act from achieving budgetary
balance to controlling the growth of discretionary spending and
maintaining deficit neutrality regarding legislative changes in
mandatory spending and revenues.



1468

JOINT RESOLUTIONS
February 9, 1994

[From the Congressional Record page H410]

lA



103d congress
2d Session



H. J. RES. 321



Proposing an amendment to the Constitution. of the United States allowing
an item veto in appropriations bills and an item veto of contract authority
or taxation changes in any other bill.



IN THE HOUSE OF REPRESENTATIVES

February 9, 1994

Mr. ZiMMER introduced the following joint resolution; which was referred to
the Committee on the Judiciary



JOINT RESOLUTION

Proposing an amendment to the Constitution of the United
States allowing an item veto in appropriations bills and
an item veto of contract authority or taxation changes
in any other bill.

1 Resolved by the Senate and House of Representatives

2 of the United States of America in Congress assembled

3 (two-thirds of each House concurring therein), That the fol-

4 lowing article is proposed as an amendment to the Con-

5 stitution of the United States, which shall be valid to all

6 intents and purposes as part of the Constitution when



1469



2

1 ratified by the legislatures of three-fourths of the several

2 States within seven years after the date of its submission

3 for ratification:

4 "Article —

5 "The President shall have the power to disapprove

6 in whole or in part any appropriation, any authority for

7 the United States to enter into a contract, or any change

8 in the rate or incidence of taxation on any special class

9 of taxpayers and approve any other provision in the same

10 bill. In such case he shall, in signing the bill, designate

11 the appropriations, contract authority, or tax provisions

12 disapproved, and shall return a copy of such disapproved

13 appropriations, contract authority, or tax provisions, with

14 his objections, to the House in which the bill shall have

15 originated; and the same proceedings shall then be had

16 as in the case of other bills disapproved by the President.".



1470

MODIFIED LINE-ITEM VETO

Mr. GUTIERREZ. Mr. Speaker, everyone who has listened to the
rhetoric on this floor in the past few weeks knows that the Mem-
bers of the U.S. Congress are recent converts to the rehgion of
budget restraint.

I rise today to suggest that there is an easy way to test if the
spending sinners of the U.S. Congress have truly been converted,
or if once again, we are merely speaking in tongues.

That test is called the line-item veto.

Quite simply, if we are serious about reducing our deficit, I be-
lieve we must give the President the authority to eliminate waste
and unnecessary spending, and we must give him this authority as
soon as possible.

Today I am introducing a resolution to call for modified line-item
veto legislation to be passed by July 30.

We have all heard a lot of preaching about this issue in this body
and during the past election season — ^but now it is time to stop
talking and to begin taking action.

I urge my colleagues to join in supporting this resolution — a reso-
lution that is our opportunity to prove that our budget restraint
conversion is not temporary, but that we have become true believ-
ers.



1471

CONCURRENT RESOLUTIONS
March 3, 1993

[From the Congressional Record page H974]

IV



103d congress
1st Session



H. CON. RES. 58



To direct the appropriate committees of the House of Representatives and
the Senate to report legislation by July 30, 1993, to expand the rescission
authority of the President.



IN THE HOUSE OF REPRESENTATIVES

March 3, 1993

Mr. Gutierrez submitted the follo\ving concurrent resolution; which was
referred to the Committee on Rules



CONCURRENT RESOLUTION

To direct the appropriate committees of the House of Rep-
resentatives and the Senate to report legislation by July
30, 1993, to expand the rescission authority of the Presi-
dent.

Whereas the fiscal well-being of the Nation requires a greater
awareness by Congress and the President of the ne- to
control unrestrained spending, reduce the pubhc debt,
and control the deficit;

"VMiereas the Nation's voters have expressed a desire for a
change in many areas of government;

Whereas the severity of the budget deficit crisis requires a
short-term modification of congressional budgt ry proce-
dures; and



1472



2

Whereas the House of Representatives and the Senate must
act swiftly to alleviate this crisis.- Now, therefore, be it

1 Resolved by the House of Representatives (the Senate

2 concurring), That the Committee on Rules of the House

3 of Representatives and the Committee on Rules and Ad-

4 ministration of the Senate are each authorized to report

5 legislation by July 30, 1993, to expand the rescission au-

6 thority of the Presiiient.



1473

May 4, 1993

[From the Congressional Record page H2247]



IV



103d congress

1st Session



H. CON. RES. 92



Directing the Clerk of the House of Representatives to make corrections
in the enrollment of H.R. 1578.



IN THE HOUSE OF REKIESENTATIVES

May 4, 1993
Mr. Michel submitted the following concurrent resolution; which was referred
jointly to the Committees on House Administration, Government Oper-
ations, and Rules



CONCURRENT RESOLUTION

Directing the Clerk of the House of Representatives to make
corrections in the enrollment of H.R. 1578.

1 Resolved by the House of Representatives (the Senate

2 concurring), That in the enrollment of the bill (H.R. 1578)

3 the Clerk of the House of Representatives is directed to

4 make the following corrections:

5 (1) Page 1, line 4, insert "and Targeted Tax

6 Benefits" after "Rescissions".

7 (2) Page 2, line 12, add "and Repeals of

8 Targeted Tax Benefits" before the period.



1474



2

1 (3) Page 2, line 18, insert "or the repeal of any

2 targeted tax benefit in any revenue Act" imme-

3 diately before the period.

4 (4) Page 2, strike line 20 and all that follows

5 through page 3, line 3, and insert the following:

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

7 actment of an appropriation Act or revenue Act, as

8 the case mav be, the President mav transmit to

9 Congress —

10 "(A) a special message proposing to re-

1 1 scind amounts of budget authority provided in
J 2 that appropriation Act and include with that

13 special message a draft bill that, if enacted,

14 would only rescind that budget authority; or

15 "(B) a special message proposing to repeal

16 any targeted tax benefit provided in that reve-

17 nue Act, and include with that special message

18 a draft bill that, if enacted, would only repeal

19 that targeted tajc benefit.

20 That bill shall clearly identify the amount of budget

21 authority that is proposed to be rescinded for each

22 program, project, or activity to which that budget

23 authority relates.".

24 (5) Page 4, lines 6 and 7, strike "of the House

25 of Representatives" and insert "or the Committee on



1475

3

1 Ways and Means of the House of Representatives,

2 as appropriate".

3 (6) Page 4, line 12, insert "or the Committee

4 on Ways and Means" after "Committee on Appro-

5 priations".

6 (7) Page 5, line 24, insert "or Committee on

7 Finance, as appropriate" before the period.

8 (8) Page 6, line 24, strike "The" and insert

9 "That".

10 (9) Page 7, line 2, insert "(in the case of the

11 Committee on Appropriations)" before the comma.

12 (10) Page 10, line 24, strike "and", and strike

13 the quote marks on page 11, line 3, and on page 11,

14 after line 3, add the following new paragraph:

15 "(3) the term 'targeted tax benefit' means any

16 provision which has the practical effect of providing

17 a benefit in the form of a differential treatment to

18 a particular taxpayer or a limited number of tax-

19 payers, whether or not such provision is limited by

20 its terms to a particular taxpayer or a class of tax-

21 payers, but such term does not include any benefit

22 provided to a class of taxpayers distinguished on the

23 basis of general demographic conditions such as in-

24 come, number of dependents, or marital status.".



1476



4

1 (11) Page 13, strike the matter between lines

2 5 and 6 and insert the following:

"Sec. 1013. Expedited consideration of certain proposed rescissions and repeals
of targeted tax benefits.".

3 (12) Page 13, line 11, insert "and targeted tax

4 benefits in any revenue Act" before "that".

5 (13) Page 13, line 19, after "budget authority"

6 insert "or targeted tax benefits".

7 (14) Page 14, line 1, insert "or those targeted

8 tax benefits" before the period.



103d congress
1st Session



1477

April 1, 1993

[From the Congressional Record page H1856]



House Calendar No. 27

H. RES. 149



[Report No. 103-52]



F*ny\iding for the consideration of the bill (H.R. 1578) to amend the Congres-
sional Budget and Impoundment Control Act of 1974 to provide for
the expedited consideration of certain 'proposed rescissions of budget
authority.



IN THE HOUSE OF REPRESENTATIVES

April 1, 1993

Mr. Derrick, from the Committee on Rules, reported the following resolution;
which was referred to the House Calendar and ordered to be printed



RESOLUTION

Providing for the consideration of the bill (H.R. 1578) to
amend the Congressional Budget and Impoundment Con-
trol Act of 1974 to provide for the expedited consider-
ation of certain proposed rescissions of budget authority.

1 Resolved, That at any time after the adoption of this

2 resolution the Speaker may, pursuant to clause 1(b) of

3 rule XXIII, declare the House resolved into the Committee

4 of the WTiole House on the state of the Union for consider-

5 ation of the bill (H.R. 1578) to amend the Congressional



1478

2

1 Budget and Impoundment Control Act of 1974 to provide

2 for the expedited consideration of certain proposed rescis-

3 sions of budget authority. The first reading of the bill shall

4 be dispensed with. General debate shall be confined to the

5 bill and shall not exceed two hours, with one hour to be

6 equally divided and controlled by the chairman and rank-

7 ing minority member of the Committee on Rules and one

8 hour to be equally divided and controlled by the chairman

9 and ranking minority member of the Committee on Gov-

10 emment Operations. After general debate the bill shall be

1 1 considered as read for amendment under the five-minute

12 rule. It shall be in order to consider as an original bill

1 3 for the purpose of amendment under the five-minute rule

14 the amendment in the nature of a substitute printed in

15 part 1 of the report of the Committee on Rules accom-

16 panning this resolution. The amendment in the nature of

17 a substitute shall be considered as read. No amendment

18 to the amendment in the nature of a substitute shall be

19 in order except those printed in part 2 of the report of

20 the Committee on Rules. Each amendment may be offered

21 only in the order printed, may be offered onh' by the

22 named proponent or a designee, shall be considered as

23 read, shall be debatable for the time specified in the report

24 equally di\ided and controlled by the proponent and an

25 opponent, shall not be subject to amendment except as

HRES 149 RH



1479



3

1 specified in the report, and shall not be subject to a de-

2 mand for division of the question in the House or in the

3 Committee of the Whole. All points of order against the

4 amendments printed in the report are waived. At the eon-

5 elusion of consideration of the bill for amendment the

6 Committee shall rise and report the bill to the House with

7 such amendments as may have been adopted. Any Member

8 may demand a separate vote in the House on any amend-

9 ment adopted in the Committee of the WTiole to the bill

10 or to the amendment in the nature of a substitute made

11 in order as original text. The previous question shall be

12 considered as ordered on the bill and amendments thereto

13 to final passage A\ithout intervening motion except one

14 motion to recommit A\ith or \rithout instructions.



1480

Mr. DERRICK. Committee on Rules. H. Res. 149. A resolution
providing for the consideration of the bill (H.R. 1578) to amend the
Congressional Budget and Impoundment Control Action of 1974 to
provide for the expedited consideration of certain proposed rescis-
sions of budget authority (Rept. 103-52). Referred to the House
Calendar.

Committee on Rules. H. Res. 150. A resolution waiving a require-



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