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Original Jurisdiction Markup
on
H.R. 4890 - Legislative Line Item Veto Act of 2006

 
 
 
 

DATE:June 14, 2006
TIME: 2:45 PM
LOCATION: H-313 The Capitol

Committee Action: H.R. 4890 was reported with a favorable recommendation as amended by a vote of 8 to 4 on June 15, 2006.

SUMMARY OF THE AMENDMENT IN THE NATURE OF A SUBSTITUTE ADOPTED BY THE RULES COMMITTEE TO H.R. 4890

· Presidential Review Period. After the president signs a bill, he has 45 days in which to transmit a message to Congress proposing the cancellation of specific dollar amounts of discretionary budget authority, direct spending, or targeted tax benefits. If Congress has adjourned for a period longer than 45 days or has adjourned sine die at the end of a Congress, and therefore unable to receive such a message, the President may then submit such a message to Congress on the first day Congress reconvenes.

· Restrictions on Transmittal. The President may only transmit 5 messages per enacted bill and 10 messages per enacted omnibus reconciliation or appropriations measure, which are defined as any reconciliation bill reported by the Committee on the Budget or any appropriations measure funding programs, projects, or activities falling within 2 or more section 302(b) suballocations. There are no restrictions on the number of proposed cancellations per message.

· Procedures for Expedited Consideration. After the message has been transmitted to Congress, the Majority Leader (or designee) is required to introduce the bill within 5 legislative days. After introduction the bill is referred to the appropriate committee or committees, which have 7 legislative days to report the bill. After 7 legislative days, any Member may make a privileged motion to discharge the committee. A Member must announce their intention to offer such a motion and the Speaker must schedule consideration of such motion within 2 legislative days. If the motion to discharge is agreed to, the House moves to the immediate consideration of the bill. If the committee orders the bill reported within its 7 legislative day period for consideration, then any Member may make a privileged motion to proceed to consideration of the bill. A Member must announce their intention to offer such a motion and the Speaker must schedule consideration of such motion within 2 legislative days. If the motion to proceed to consideration is agreed to, the House moves to the immediate consideration of the bill. Floor consideration provides for a straight up or down vote on the entire list of proposed cancellations.

o More specifically the bill provides that an approval bill shall be considered in the House, and shall be debatable for 5 hours, with one motion to further limit debate. It is not in order to recommit the bill. It is not in order to reconsider a vote on passage of the bill. No amendments or motions to strike are in order.

NOTE: Out of deference to the other body, expedited procedures for the Senate were not altered and left as introduced in the Senate.

· Presidential Deferral Authority. When the President transmits his message to Congress he may temporarily withhold the specified dollar amounts of discretionary budget authority, suspend the implementation of direct spending, and/or suspend the implementation of any targeted tax benefit for 45 calendar days. After the 40th day of the original temporary deferral, the President may transmit to Congress a supplemental special message to extend the temporary deferral by an additional 45 calendar days (for a total of 90 calendar days). The President may release the deferral at any time.

· Nature of the Approval Bill. The approval bill introduced containing the proposed cancellations must meet certain conditions:

o For items of direct spending, the Congressional Budget Office must estimate that each cancellation of direct spending would produce budget authority or outlay savings.

o For purposes of limited tax benefits, the approval bill may only include items from a specified list prepared by the Chairmen of the Committee on Ways and Means and the Committee on Finance at the time any tax bill is prepared.

o For discretionary rescissions, all of a specified appropriation must be rescinded or if only a part of the overall amount is to be rescinded, it must be identified for some purpose in the report or joint statement accompanying the bill (or a table or chart).

Disposition: Agreed to by a vote of 8 to 4