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103D CONGRESS

1ST SESSION H. R. 493

To give the President legislative, line-item veto rescission authority over

appropriation bills and targeted tax benefits in revenue bills.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 20, 1993

Mr. MICHEL introduced the following bill; which was referred jointly to the

Committees on Government Operations and Rules

A BILL

To give the President legislative, line-item veto rescission

authority over appropriation bills and targeted tax benefits in revenue bills.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘The Enhanced Rescis5 sion/Receipts Act of 1993’’.

6 SEC. 2. LEGISLATIVE LINE ITEM VETO RESCISSION AU7 THORITY.

8 (a) IN GENERAL.—Notwithstanding the provisions of

9 part B of title X of The Congressional Budget and Im10 poundment Control Act of 1974, and subject to the provi-
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1 sions of this section, the President may rescind all or part

2 of any discretionary budget authority or veto any targeted

3 tax benefit within any revenue bill which is subject to the

4 terms of this Act if the President—

5 (1) determines that—

6 (A) such rescission or veto would help re7 duce the Federal budget deficit;

8 (B) such rescission or veto will not impair

9 any essential Government functions; and

10 (C) such rescission or veto will not harm

11 the national interest; and

12 (2) notifies the Congress of such rescission or

13 veto by a special message not later than twenty cal14 endar days (not including Saturdays, Sundays, or

15 holidays) after the date of enactment of a regular or

16 supplemental appropriation act or a joint resolution

17 making continuing appropriations providing such

18 budget authority or a revenue bill containing a tar19 geted tax benefit.

20 The President shall submit a separate rescission message

21 for each appropriation bill and for each revenue bill under

22 this paragraph.

23 SEC. 3. RESCISSION EFFECTIVE UNLESS DISAPPROVED.

24 (a)(1) Any amount of budget authority rescinded

25 under this Act as set forth in a special message by the
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1 President shall be deemed canceled unless, during the pe2 riod described in subsection (b), a rescission/receipts dis3 approval bill making available all of the amount rescinded

4 is enacted into law.

5 (2) Any provision of law vetoed under this Act as set

6 forth in a special message by the President shall be

7 deemed repealed unless, during the period described in

8 subsection (b), a rescission/receipts disapproval bill restor9 ing that provision is enacted into law.

10 (b) The period referred to in subsection (a) is—

11 (1) a congressional review period of twenty cal12 endar days of session during which Congress must

13 complete action on the rescission/receipts disapproval

14 bill and present such bill to the President for ap15 proval or disapproval;

16 (2) after the period provided in paragraph (1),

17 an additional ten days (not including Sundays) dur18 ing which the President may exercise his authority

19 to sign or veto the rescission/receipts disapproval

20 bill; and

21 (3) if the President vetoes the rescission/re22 ceipts disapproval bill during the period provided in

23 paragraph (2), an additional five calendar days of

24 session after the date of the veto.
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1 (c) If a special message is transmitted by the Presi2 dent under this Act and the last session of the Congress

3 adjourns sine die before the expiration of the period de4 scribed in subsection (b), the rescission or veto, as the case

5 may be, shall not take effect. The message shall be deemed

6 to have been retransmitted on the first day of the succeed7 ing Congress and the review period referred to in sub8 section (b) (with respect to such message) shall run begin9 ning after such first day.

10 SEC. 4. DEFINITIONS.

11 As used in this Act:

12 (1) The term ‘‘rescission/receipts disapproval

13 bill’’ means a bill or joint resolution which—

14 (A) only disapproves a rescission of budget

15 authority, in whole, rescinded, or

16 (B) only disapproves a veto of any provi17 sion of law that would decrease receipts,

18 in a special message transmitted by the President

19 under this Act.

20 (2) The term ‘‘calendar days of session’’ shall

21 mean only those days on which both Houses of Con22 gress are in session.

23 (3) The term ‘‘targeted tax benefit’’ means any

24 provision which has the practical effect of providing

25 a benefit in the form of a differential treatment to
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1 a particular taxpayer or a limited class of taxpayers,

2 whether or not such provision is limited by its terms

3 to a particular taxpayer or a class of taxpayers.

4 Such term does not include any benefit provided to

5 a class of taxpayers distinguished on the basis of

6 general demographic conditions such as income,

7 number of dependents, or marital status.

8 SEC. 5. CONGRESSIONAL CONSIDERATION OF LEGISLATIVE

9 LINE ITEM VETO RESCISSIONS.

10 (a) PRESIDENTIAL SPECIAL MESSAGE.—Whenever

11 the President rescinds any budget authority as provided

12 in this Act or vetoes any provision of law as provided in

13 this Act, the President shall transmit to both Houses of

14 Congress a special message specifying—

15 (1) the amount of budget authority rescinded or

16 the provision vetoed;

17 (2) any account, department, or establishment

18 of the Government to which such budget authority

19 is available for obligation, and the specific project or

20 governmental functions involved;

21 (3) the reasons and justifications for the deter22 mination to rescind budget authority or veto any

23 provision pursuant to this Act;
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1 (4) to the maximum extent practicable, the esti2 mated fiscal, economic, and budgetary effect of the

3 rescission or veto; and

4 (5) all factions, circumstances, and consider5 ations relating to or bearing upon the rescission or

6 veto and the decision to effect the rescission or veto,

7 and to the maximum extent practicable, the esti8 mated effect of the rescission upon the objects, pur9 poses, and programs for which the budget authority

10 is provided.

11 (b) TRANSMISSION OF MESSAGES TO HOUSE AND

12 SENATE.—

13 (1) Each special message transmitted under

14 this Act shall be transmitted to the House of Rep15 resentatives and the Senate on the same day, and

16 shall be delivered to the Clerk of the House of Rep17 resentatives if the House is not in session, and to

18 the Secretary of the Senate if the Senate is not in

19 session. Each special message so transmitted shall

20 be referred to the appropriate committees of the

21 House of Representatives and the Senate. Each such

22 message shall be printed as a document of each

23 House.
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1 (2) Any special message transmitted under this

2 Act shall be printed in the first issue of the Federal

3 Register published after such transmittal.

4 (c) REFERRAL OF RESCISSION/RECEIPTS DIS5 APPROVAL BILLS.—Any rescission/receipts disapproval

6 bill introduced with respect to a special message shall be

7 referred to the appropriate committees of the House of

8 Representatives or the Senate, as the case may be.

9 (d) CONSIDERATION IN THE SENATE.—

10 (1) Any rescission/receipts disapproval bill re11 ceived in the Senate from the House shall be consid12 ered in the Senate pursuant to the provisions of this

13 Act.

14 (2) Debate in the Senate on any rescission/re15 ceipts disapproval bill and debatable motions and ap16 peals in connection therewith, shall be limited to not

17 more than ten hours. The time shall be equally di18 vided between, and controlled by, the majority leader

19 and the minority leader or their designees.

20 (3) Debate in the Senate on any debatable mo21 tions or appeal in connection with such bill shall be

22 limited to one hour, to be equally divided between,

23 and controlled by the mover and the manager of the

24 bill, except that in the event the manager of the bill

25 is in favor of any such motion or appeal, the time
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1 in opposition thereto shall be controlled by the mi2 nority leader or his designee. Such leaders, or either

3 of them, may, from the time under their control on

4 the passage of the bill, allot additional time to any

5 Senator during the consideration of any debatable

6 motion or appeal.

7 (4) A motion to further limit debate is not de8 batable. A motion to recommit (except a motion to

9 recommit with instructions to report back within a

10 specified number of days not to exceed one, not

11 counting any day on which the Senate is not in ses12 sion) is not in order.

13 (e) POINTS OF ORDER.—

14 (1) It shall not be in order in the Senate or the

15 House of Representatives to consider any rescission/

16 receipts disapproval bill that relates to any matter

17 other than the rescission of budget authority or veto

18 of the provision of law transmitted by the President

19 under this Act.

20 (2) It shall not be in order in the Senate or the

21 House of Representatives to consider any amend22 ment to a rescission/receipts disapproval bill.

23 (3) Paragraphs (1) and (2) may be waived or

24 suspended in the Senate only by a vote of three25 fifths of the members duly chosen and sworn.
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