II

104TH CONGRESS

1ST SESSION S. 4

To grant the power to the President to reduce budget authority.

IN THE SENATE OF THE UNITED STATES

JANUARY 4, 1995

Mr. DOLE (for himself, Mr. MCCAIN, Mr. COATS, Mr. KYL, Mr. HELMS, Mr.

MURKOWSKI, Mr. ASHCROFT, Mr. BOND, Mr. GRAMS, Mr. GRAMM, Mr.

BROWN, Mr. BURNS, Mr. CHAFEE, Mr. COVERDELL, Mr. CRAIG, Mr.

GREGG, Mr. INHOFE, Mrs. KASSEBAUM, Mr. KEMPTHORNE, Mr. MCCONNELL, Mr. NICKLES, Mr. SANTORUM, Mr. SHELBY, Mr. SMITH, and Mr.

WARNER) introduced the following bill; which was read twice and referred

jointly pursuant to the order of August 4, 1977, to the Committees on

the Budget and Governmental Affairs, with instructions that if one committee reports, the other committee have thirty days to report or be discharged

A BILL

To grant the power to the President to reduce budget

authority.

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 ‘‘Legislative Line Item

5 Veto Act of 1995’’.
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1 SEC. 2. ENHANCEMENT OF SPENDING CONTROL BY THE

2 PRESIDENT.

3 The Impoundment Control Act of 1974 is amended

4 by adding at the end thereof the following new title:

5 ‘‘TITLE XI—LEGISLATIVE LINE

6 ITEM VETO RESCISSION AU7 THORITY

8 ‘‘PART A—LEGISLATIVE LINE ITEM VETO

9 RESCISSION AUTHORITY

10 ‘‘GRANT OF AUTHORITY AND CONDITIONS

11 ‘‘SEC. 1101. (a) IN GENERAL.—Notwithstanding the

12 provisions of part B of title X and subject to the provisions

13 of part B of this title, the President may rescind all or

14 part of any budget authority, if the President—

15 ‘‘(1) determines that—

16 ‘‘(A) such rescission would help balance

17 the Federal budget, reduce the Federal budget

18 deficit, or reduce the public debt;

19 ‘‘(B) such rescission will not impair any

20 essential Government functions; and

21 ‘‘(C) such rescission will not harm the na22 tional interest; and

23 ‘‘(2)(A) notifies the Congress of such rescission

24 by a special message not later than twenty calendar

25 days (not including Saturdays, Sundays, or holidays)

26 after the date of enactment of a regular or supple-
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1 mental appropriations Act or a joint resolution mak2 ing continuing appropriations providing such budget

3 authority; or

4 ‘‘(B) notifies the Congress of such rescission by

5 special message accompanying the submission of the

6 President’s budget to Congress and such rescissions

7 have not been proposed previously for that fiscal

8 year.

9 The President shall submit a separate rescission message

10 for each appropriations bill under paragraph (2)(A).

11 ‘‘(b) RESCISSION EFFECTIVE UNLESS DIS12 APPROVED.—(1)(A) Any amount of budget authority re13 scinded under this title as set forth in a special message

14 by the President shall be deemed canceled unless during

15 the period described in subparagraph (B), a rescission dis16 approval bill making available all of the amount rescinded

17 is enacted into law.

18 ‘‘(B) The period referred to in subparagraph (A) is—

19 ‘‘(i) a congressional review period of twenty cal20 endar days of session under part B, during which

21 Congress must complete action on the rescission dis22 approval bill and present such bill to the President

23 for approval or disapproval;

24 ‘‘(ii) after the period provided in clause (i), an

25 additional ten days (not including Sundays) during
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1 which the President may exercise his authority to

2 sign or veto the rescission disapproval bill; and

3 ‘‘(iii) if the President vetoes the rescission dis4 approval bill during the period provided in clause

5 (ii), an additional five calendar days of session after

6 the date of the veto.

7 ‘‘(2) If a special message is transmitted by the Presi8 dent under this section during any Congress and the last

9 session of such Congress adjourns sine die before the expi10 ration of the period described in paragraph (1)(B), the

11 rescission shall not take effect. The message shall be

12 deemed to have been retransmitted on the first day of the

13 succeeding Congress and the review period referred to in

14 paragraph (1)(B) (with respect to such message) shall run

15 beginning after such first day.

16 ‘‘DEFINITIONS

17 ‘‘SEC. 1102. For purposes of this title the term ‘re18 scission disapproval bill’ means a bill or joint resolution

19 which only disapproves a rescission of budget authority,

20 in whole, rescinded in a special message transmitted by

21 the President under section 1101.

22 ‘‘PART B—CONGRESSIONAL CONSIDERATION OF

23 LEGISLATIVE LINE ITEM VETO RESCISSIONS

24 ‘‘PRESIDENTIAL SPECIAL MESSAGE

25 ‘‘SEC. 1111. Whenever the President rescinds any

26 budget authority as provided in section 1101, the Presi-
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1 dent shall transmit to both Houses of Congress a special

2 message specifying—

3 ‘‘(1) the amount of budget authority rescinded;

4 ‘‘(2) any account, department, or establishment

5 of the Government to which such budget authority

6 is available for obligation, and the specific project or

7 governmental functions involved;

8 ‘‘(3) the reasons and justifications for the de9 termination to rescind budget authority pursuant to

10 section 1101(a)(1);

11 ‘‘(4) to the maximum extent practicable, the es12 timated fiscal, economic, and budgetary effect of the

13 rescission; and

14 ‘‘(5) all facts, circumstances, and considerations

15 relating to or bearing upon the rescission and the

16 decision to effect the rescission, and to the maxi17 mum extent practicable, the estimated effect of the

18 rescission upon the objects, purposes, and programs

19 for which the budget authority is provided.

20 ‘‘TRANSMISSION OF MESSAGES; PUBLICATION

21 ‘‘SEC. 1112. (a) DELIVERY TO HOUSE AND SEN22 ATE.—Each special message transmitted under sections

23 1101 and 1111 shall be transmitted to the House of Rep24 resentatives and the Senate on the same day, and shall

25 be delivered to the Clerk of the House of Representatives

26 if the House is not in session, and to the Secretary of
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1 the Senate if the Senate is not in session. Each special

2 message so transmitted shall be referred to the appro3 priate committees of the House of Representatives and the

4 Senate. Each such message shall be printed as a document

5 of each House.

6 ‘‘(b) PRINTING IN FEDERAL REGISTER.—Any special

7 message transmitted under sections 1101 and 1111 shall

8 be printed in the first issue of the Federal Register pub9 lished after such transmittal.

10 ‘‘PROCEDURE IN SENATE

11 ‘‘SEC. 1113. (a) REFERRAL.—(1) Any rescission dis12 approval bill introduced with respect to a special message

13 shall be referred to the appropriate committees of the

14 House of Representatives or the Senate, as the case may

15 be.

16 ‘‘(2) Any rescission disapproval bill received in the

17 Senate from the House shall be considered in the Senate

18 pursuant to the provisions of this section.

19 ‘‘(b) FLOOR CONSIDERATION IN THE SENATE.—

20 ‘‘(1) Debate in the Senate on any rescission dis21 approval bill and debatable motions and appeals in

22 connection therewith, shall be limited to not more

23 than ten hours. The time shall be equally divided be24 tween, and controlled by, the majority leader and the

25 minority leader or their designees.
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1 ‘‘(2) Debate in the Senate on any debatable mo2 tion or appeal in connection with such a bill shall be

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

4 and controlled by, the mover and the manager of the

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

6 is in favor of any such motion or appeal, the time

7 in opposition thereto shall be controlled by the mi8 nority leader or his designee. Such leaders, or either

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

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

11 Senator during the consideration of any debatable

12 motion or appeal.

13 ‘‘(3) A motion to further limit debate is not de14 batable. A motion to recommit (except a motion to

15 recommit with instructions to report back within a

16 specified number of days, not to exceed one, not

17 counting any day on which the Senate is not in ses18 sion) is not in order.

19 ‘‘(c) POINT OF ORDER.—(1) It shall not be in order

20 in the Senate or the House of Representatives to consider

21 any rescission disapproval bill that relates to any matter

22 other than the rescission of budget authority transmitted

23 by the President under section 1101.
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1 ‘‘(2) It shall not be in order in the Senate or the

2 House of Representatives to consider any amendment to

3 a rescission disapproval bill.

4 ‘‘(3) Paragraphs (1) and (2) may be waived or sus5 pended in the Senate only by a vote of three-fifths of the

6 members duly chosen and sworn.’’.

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