[Journal of the House of Representatives, 1993]
[Thursday, April 29, 1993 (47), Para 47.4 Recorded Vote]
[Pages 358-359]
[From the U.S. Government Publishing Office, www.gpo.gov]
Para. 47.4 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. MICHEL to the
amendment in the nature of a substitute submitted by Mr. CASTLE:
Amendment submitted by Mr. MICHEL:
Page 1, strike line 2 and insert the following: ``This
title may be cited as the `Enhanced Rescission/Receipts Act
of 1993'.''.
Page 1, line 7, after ``1995'' insert ``or veto any
targeted tax benefit within any revenue bill''.
Page 1, lines 11, 12, and 15, insert ``or veto'' after
``rescission'' each place it appears.
Page 1, line 19, insert ``or a revenue bill containing a
targeted tax benefit'' after ``1995,''.
Page 2, line 4, strike ``rescission'' and insert
``rescission/receipts''.
Page 2, line 2, insert ``(1)'' after ``(a)'' and after line
10 add the following:
(2) Any provision of law vetoed under this Act as set forth
in a special message by the President shall be deemed
repealed unless, during the period described in subsection
(b), a rescission/receipts disapproval bill restoring that
provision is enacted into law.
Page 2, line 8, 12, and 13, strike ``rescission'' each
place it appears and insert ``rescission/receipts''.
Page 2, line 18, insert ``or veto'' after ``rescission''.
Page 2, strike line 22 and all that follows thereafter
through page 3, line 2, and insert the following:
(1) The term ``rescission/receipts disapproval bill'' means
a bill or joint resolution which--
(A) only disapproves a rescission a budget authority, in
whole, rescinded, or
(B) only disapproves a veto of any provision of law that
would decrease receipts,
in a special message transmitted by the President under this
Act.
(2) The term ``calendar days of session'' shall mean only
those days on which both Houses of Congress are in session.
(3) The term ``targeted tax benefit'' means any provision
which has the practical effect of proving a benefit in the
form of a differential treatment to a particular taxpayer or
a limited number of taxpayers, whether or not such provision
is limited by its terms to a particular taxpayer or a class
of taxpayers. Such term does not include any benefit provided
to a class of taxpayers distinguished on the basis of general
demographic conditions such as income, number of dependents,
or marital status.
Page 3, line 4, insert ``or vetoes any provision of law''
after ``authority''.
Page 3, line 7, insert ``or the provision vetoed'' before
the semi-colon.
Page 3, line 11, insert ``or veto any provision'' after
``authority''.
Page 3, line 14, insert ``or veto'' before the semicolon.
Page 3, line 16, insert ``or veto'' after ``rescission''
each place it appears.
Page 4, strike lines 4 through 6 and insert the following:
(c) Referral of Rescission/Receipts Disapproval Bills.--Any
rescission/receipts disapproval bill introduced with respect
to a special message shall be referred to the appropriate
committees of the House of Representatives or the Senate, as
the case may be.
Page 4, lines 8 and 10, strike ``rescission'' each place it
appears and insert ``rescission/receipts''.
Page 5, line 3, strike ``rescission'' the first time it
appears and insert ``rescission/receipts''.
Page 5, line 4, strike ``budget authority'' and insert ``of
budget authority or veto of the provision of law''.
Page 5, line 6, strike ``rescission'' and insert
``rescission/receipts''.
Amendment in the nature of a substitute submitted by Mr. CASTLE:
Amendment in the nature of a substitute offered by Mr.
Castle, Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Title may be cited as the ``The Legislative Line Item
Veto Act of 1993''.
SEC. 2. LEGISLATIVE LINE ITEM VETO RESCISSION AUTHORITY.
(a) In General.--Notwithstanding the provisions of part B
of title X of The Congres-
[[Page 359]]
sional Budget and Impoundment Control Act of 1974, and
subject to the provisions of this section, the President may
rescind all or part of any discretionary budget authority for
fiscal years 1994 and 1995 which is subject to the terms of
this Act if the President--
(1) determines that--
(A) such rescission would help balance the Federal budget,
reduce the Federal budget deficit, or reduce the public debt;
(B) such rescission will not impair any essential
Government functions;
(C) such rescission will not harm the national interest;
and
(D) such rescission will directly contribute to the purpose
of this Act of limiting discretionary spending in fiscal year
1994 or 1995; and
(2) notifies the Congress of such rescission by a special
message not later than 20 calendar days (not including
Saturdays, Sundays, or holidays) after the date of enactment
of a regular or supplemental appropriations act for fiscal
year 1994 or 1995 or a joint resolution making continuing
appropriations providing such budget authority for fiscal
years 1994 and 1995.
The President shall submit a separate rescission message for
each appropriations bill under this paragraph.
SEC. 3. RESCISSION EFFECTIVE UNLESS DISAPPROVED.
(a) Any amount of budget authority rescinded under this Act
as set forth in a special message by the President shall be
deemed canceled unless during the period described in
subsection (b), a rescission disapproval bill making
available all of the amount rescinded is enacted into law.
(b) The period referred to in subsection (a) is--
(1) a congressional review period of 20 calendar days of
session during which Congress must complete action on the
rescission disapproval and present such bill to the President
for approval or disapproval;
(2) after the period provided in paragraph (1), an
additional 10 days (not including Sundays) during which the
President may exercise his authority to sign or veto the
rescission disapproval bill; and
(3) if the President vetoes the rescission disapproval bill
during the period provided in paragraph (2), and additional 5
calendar days of session after the date of the veto.
(c) If a special message is transmitted by the President
under this Act and the last session of the Congress adjourns
sine die before the expiration of the period described in
subsection (b), the rescission shall not take effect. The
message shall be deemed to have been retransmitted on the
first day of the succeeding Congress and the review period
referred to in subsection (b) (with respect to such message)
shall run beginning after such first day.
SEC. 4. DEFINITIONS.
For purposes of this Act--
(a) The term ``rescission disapproval bill'' means a bill
or joint resolution which only disapproves a rescission of
discretionary budget authority for fiscal year 1994 or 1995,
in whole, rescinded in a special message transmitted by the
President under this Act; and
(b) The term ``calendar days of session'' shall mean only
those days on which both houses of Congress are in session.
SEC. 5. CONGRESSIONAL CONSIDERATION OF LEGISLATION LINE ITEM
VETO RESCISSIONS.
(a) Presidential Special Message.--Whenever the President
rescinds any budget authority as provided in this Act, the
President shall transmit to both Houses of Congress a special
message specifying--
(1) the amount of budget authority rescinded;
(2) any account, department, or establishment of the
Government to which such budget authority is available for
obligation, and the specific project or governmental
functions involved;
(3) the reasons and justifications for the determination to
rescind budget authority pursuant to this Act;
(4) to the maximum extent practicable, the estimated
fiscal, economic, and budgetary effect of the rescission; and
(5) all factions, circumstances, and considerations
relating to or bearing upon the rescission and the decision
to affect the rescission, and to the maximum extent
practicable, the estimated effect of the rescission upon the
objects, purposes, and programs for which the budget
authority is provided.
(b) Transmission of Messages to House and Senate.--
(1) Each special message transmitted under this Act shall
be transmitted to the House of Representatives and the Senate
on the same day, and shall be delivered to the Clerk of the
House of Representatives if the house is not in session, and
to the Secretary of the Senate if the Senate is not in
session. Each special message so transmitted shall be
referred to the appropriate committees of the House of
Representatives and the Senate. Each such message shall be
printed as a document of each House.
(2) Any special message transmitted under this Act shall be
printed in the first issue of the Federal Register published
after such transmittal.
(c) Referral of Rescission Disapproval Bills.--Any
rescission disapproval bill introduced with respect to a
special message shall be referred to the appropriate
committees of the House of Representatives or the Senate, as
the case may be.
(d) Consideration in the Senate.--
(1) Any rescission disapproval bill received in the Senate
from the House shall be considered in the Senate pursuant to
the provisions of this Act.
(2) Debate in the Senate on any rescission disapproval 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.
(3) Debate in the Senate on any debatable motion or appeal
in connection with such bill shall be limited to 1 hour to be
equally divided between, and controlled by the mover and the
manager of the bill, except that in the event the manager of
the bill is in favor of any such motion or appeal, the time
in opposition thereto shall be controlled by the minority
leader or his designee. Such leaders, or either of them, may,
from the time under their control on the passage of the bill,
allot additional time to any Senator during the consideration
of any debatable motion or appeal.
(4) A motion to further limit debate is not debatable. A
motion to recommit (except a motion to recommit with
instructions to report back within a specified number of days
not to exceed 1, not counting any day on which the Senate is
not in session) is not in order.
(e) Points of Order.--
(1) It shall not be in order in the Senate or the House of
Representatives to consider any rescission disapproval bill
that relates to any matter other than the rescission budget
authority transmitted by the President under this Act.
(2) It shall not be in order in the Senate or the House of
Representatives to consider any amendment to a rescission
disapproval bill.
(3) Paragraphs (1) and (2) may be waived or suspended in
the Senate only by a vote of three-fifths of the members duly
chosen and sworn.
It was decided in the
Yeas
257
<3-line {>
affirmative
Nays
157