I

103D CONGRESS

1ST SESSION H. R. 159

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

IN THE HOUSE OF REPRESENTATIVES

Mr. DUNCAN (for himself and Mr. BURTON of Indiana, Mr. SOLOMON, Mr.

HALL of Texas, Mr. BACCHUS of Florida, Mr. ARMEY, Mr. HYDE, Mr.

HUNTER, Mr. WOLF, Mr. GILLMOR, Mr. OXLEY, Mr. HASTERT, Mr.

BARRETT of Nebraska, Mr. NUSSLE, Mr. PETRI, Mr. BUNNING, Mr.

GOSS, Mr. BAKER of Louisiana, Mr. ZIMMER, Mr. PARKER, Mr.

RAVENEL, Mr. BARTON of Texas, Mr. COBLE, Mr. SMITH of Oregon,

Mrs. VUCANOVICH, Mr. HANSEN, Mr. ZELIFF, Mr. RAMSTAD, Mr.

SHAYS, Mr. ALLARD, Mr. QUILLEN, Mr. TAYLOR of North Carolina, Mr.

HANCOCK, Mr. PAXON, Mr. SUNDQUIST, Mr. BEREUTER, Mr.

ROHRABACHER, Mr. DOOLITTLE, Mr. CUNNINGHAM, Mr. COX, Mr.

CAMP, Mr. GILCHREST, Mr. KYL, Mr. BATEMAN, Mr. HEFLEY, Mr. SENSENBRENNER, Mr. MCCRERY, Mr. CONDIT, Mr. WELDON, Mr. DREIER,

Mr. ARCHER, Mr. ROTH, Mrs. MEYERS of Kansas, Mr. PACKARD, Mr.

BOEHNER, Mr. BLUTE, Mr. FOWLER, Mr. PETE GEREN of Texas, Mr.

BACHUS of Alabama, Mr. UPTON, Mr. KASICH, Mr. POMBO, Mr. KING,

Mr. SAM JOHNSON of Texas, Mr. LEWIS of Florida, Mr. CASTLE, Mr.

STUMP, Mr. CANADY, Mr. SCHIFF, Mrs. JOHNSON of Connecticut, Mr.

EMERSON, and Mr. CRAPO) introduced the following bill; which was referred to the Committees on Government Operations and Rules

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,
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Legislative Line Item

3 Veto Act of 1993’’.

4 SEC. 2. ENHANCEMENT OF SPENDING CONTROL BY THE

5 PRESIDENT.

6 The Impoundment Control Act of 1974 is amended

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

8 ‘‘TITLE XI—LEGISLATIVE LINE ITEM VETO

9 RESCISSION AUTHORITY

10 ‘‘PART A—LEGISLATIVE LINE ITEM VETO RESCISSION

11 AUTHORITY

12 ‘‘GRANT OF AUTHORITY AND CONDITIONS

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

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

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

16 part of any budget authority, if the President—

17 ‘‘(1) determines that—

18 ‘‘(A) such rescission would help balance

19 the Federal budget, reduce the Federal budget

20 deficit, or reduce the public debt;

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

22 essential Government functions; and

23 ‘‘(C) such rescission will not harm the na24 tional interest; and

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

26 by a special message not later than 20 calendar days
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1 (not including Saturdays, Sundays, or holidays)

2 after the date of enactment of a regular or supple3 mental appropriations Act or a joint resolution mak4 ing continuing appropriations providing such budget

5 authority; or

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

7 special message accompanying the submission of the

8 President’s budget to Congress and such rescissions

9 have not been proposed previously for that fiscal

10 year.

11 The President shall submit a separate rescission message

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

13 ‘‘(b) RESCISSION EFFECTIVE UNLESS DIS14 APPROVED.—(1)(A) Any amount of budget authority re15 scinded under this title as set forth in a special message

16 by the President shall be deemed canceled unless during

17 the period described in subparagraph (B), a rescission dis18 approval bill making available all of the amount rescinded

19 is enacted into law.

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

21 ‘‘(i) a Congressional review period of 20 cal22 endar days of session under part B, during which

23 Congress must complete action on the rescission dis24 approval bill and present such bill to the President

25 for approval or disapproval;
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1 ‘‘(ii) after the period provided in clause (i), an

2 additional 10 days (not including Sundays) during

3 which the President may exercise his authority to

4 sign or veto the rescission disapproval bill; and

5 ‘‘(iii) if the President vetoes the rescission dis6 approval bill during the period provided in clause

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

8 the date of the veto.

9 ‘‘(2) If a special message is transmitted by the Presi10 dent under this section during any Congress and the last

11 session of such Congress adjourns sine die before the expi12 ration of the period described in paragraph (1)(B), the

13 rescission shall not take effect. The message shall be

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

15 succeeding Congress and the review period referred to in

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

17 beginning after such first day.

18 ‘‘DEFINITIONS

19 ‘‘SEC. 1102. For purposes of this title the term ‘re20 scission disapproval bill’ means a bill or joint resolution

21 which only disapproves a rescission of budget authority,

22 in whole, rescinded in a special message transmitted by

23 the President under section 1101.
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1 ‘‘PART B—CONGRESSIONAL CONSIDERATION OF

2 LEGISLATIVE LINE ITEM VETO RESCISSIONS

3 ‘‘PRESIDENTIAL SPECIAL MESSAGE

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

5 budget authority as provided in section 1101, the Presi6 dent shall transmit to both Houses of Congress a special

7 message specifying—

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

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

10 of the Government to which such budget authority

11 is available for obligation, and the specific project or

12 governmental functions involved;

13 ‘‘(3) the reasons and justifications for the de14 termination to rescind budget authority pursuant to

15 section 1101(a)(1);

16 ‘‘(4) to the maximum extent practicable, the es17 timated fiscal, economic, and budgetary effect of the

18 rescission; and

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

20 relating to or bearing upon the rescission and the

21 decision to effect the rescission, and to the maxi22 mum extent practicable, the estimated effect of the

23 rescission upon the objects, purposes, and programs

24 for which the budget authority is provided.
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1 ‘‘TRANSMISSION OF MESSAGES; PUBLICATION

2 ‘‘SEC. 1112. (a) DELIVERY TO HOUSE AND SEN3 ATE.—Each special message transmitted under sections

4 1101 and 1111 shall be transmitted to the House of Rep5 resentatives and the Senate on the same day, and shall

6 be delivered to the Clerk of the House of Representatives

7 if the House is not in session, and to the Secretary of

8 the Senate if the Senate is not in session. Each special

9 message so transmitted shall be referred to the appro10 priate committees of the House of Representatives and the

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

12 of each House.

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

14 message transmitted under sections 1101 and 1111 shall

15 be printed in the first issue of the Federal Register pub16 lished after such transmittal.

17 ‘‘PROCEDURE IN SENATE

18 ‘‘SEC. 1113. (a) REFERRAL.—(1) Any rescission dis19 approval bill introduced with respect to a special message

20 shall be referred to the appropriate committees of the

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

22 be.

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

24 Senate from the House shall be considered in the Senate

25 pursuant to the provisions of this section.

26 ‘‘(b) FLOOR CONSIDERATION IN THE SENATE.—
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1 ‘‘(1) Debate in the Senate on any rescission dis2 approval bill and debatable motions and appeals in

3 connection therewith, shall be limited to not more

4 than 10 hours. The time shall be equally divided be5 tween, and controlled by, the majority leader and the

6 minority leader or their designees.

7 ‘‘(2) Debate in the Senate on any debatable mo8 tion or appeal in connection with such a bill shall be

9 limited to 1 hour, to be equally divided between, and

10 controlled by, the mover and the manager of the bill,

11 except that in the event the manager of the bill is

12 in favor of any such motion or appeal, the time in

13 opposition thereto shall be controlled by the minority

14 leader or his designee. Such leaders, or either of

15 them, may, from the time under their control on the

16 passage of the bill, allot additional time to any Sen17 ator during the consideration of any debatable mo18 tion or appeal.

19 ‘‘(3) A motion to further limit debate is not de20 batable. A motion to recommit (except a motion to

21 recommit with instructions to report back within a

22 specified number of days, not to exceed 1, not count23 ing any day on which the Senate is not in session)

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

2 in the Senate or the House of Representatives to consider

3 any rescission disapproval bill that relates to any matter

4 other than the rescission of budget authority transmitted

5 by the President under section 1101.

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

7 House of Representatives to consider any amendment to

8 a rescission disapproval bill.

9 ‘‘(3) Paragraphs (1) and (2) may be waived or sus10 pended in the Senate only by a vote of three-fifths of the

11 members duly chosen and sworn.’’.

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