I

103D CONGRESS

1ST SESSION H. R. 1597

To amend the Congressional Budget and Impoundment Control Act of 1974

to provide for the expedited consideration of certain proposed rescissions

of budget authority.

IN THE HOUSE OF REPRESENTATIVES

Mr. MINGE (for himself, Mr. DEAL, Mr. INSLEE, Mr. GUTIERREZ, Mr.

MEEHAN, Mr. KLEIN, Mr. POMEROY, Mr. MANN, Mr. JOHNSON of Georgia, Mr. BARRETT of Wisconsin, Mr. MCHALE, Mr. BAESLER, and Mr.

FINGERHUT) introduced the following bill; which was referred jointly to

the Committees on Government Operations and Rules

A BILL

To amend the Congressional Budget and Impoundment Control Act of 1974 to provide for the expedited consideration of certain proposed rescissions of 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 ‘‘Line Item Veto Act’’.
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1 SEC. 2. EXPEDITED CONSIDERATION OF CERTAIN PRO2 POSED RESCISSIONS AND TAX EXPENDI3 TURES.

4 (a) IN GENERAL.—Part B of title X of the Congres5 sional Budget and Impoundment Control Act of 1974 (2

6 U.S.C. 681 et seq.) is amended by redesignating sections

7 1013 through 1017 as sections 1014 through 1018, re8 spectively, and inserting after section 1012 the following

9 new section:

10 ‘‘EXPEDITED CONSIDERATION OF CERTAIN PROPOSED

11 RESCISSIONS

12 ‘‘SEC. 1013. (a) PROPOSED RESCISSION OF BUDGET

13 AUTHORITY.—In addition to the method of rescinding

14 budget authority specified in section 1012, the President

15 may propose, at the time and in the manner provided in

16 subsection (b), the rescission of any budget authority pro17 vided in an appropriations Act or the repeal of any tax

18 expenditure in any revenue Act. Funds made available for

19 obligation under this procedure may not be proposed for

20 rescission again under this section or section 1012.

21 ‘‘(b) TRANSMITTAL OF SPECIAL MESSAGE.—

22 ‘‘(1) Not later than seven days after the date

23 of enactment of an appropriation Act or revenue

24 Act, as the case may be, the President may transmit

25 to Congress—
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1 ‘‘(A) a special message proposing to re2 scind amounts of budget authority provided in

3 that appropriation Act and include with that

4 special message a draft bill that, if enacted,

5 would only rescind that budget authority; or

6 ‘‘(B) a special message proposing to repeal

7 any tax expenditure provided in any revenue

8 Act, and include with that special message a

9 draft bill that, if enacted, would only repeal

10 that tax expenditure.

11 That bill shall clearly identify the amount of budget

12 authority that is proposed to be rescinded for each

13 program, project, or activity to which that budget

14 authority relates.

15 ‘‘(2) In the case of an appropriation Act that

16 includes accounts within the jurisdiction of more

17 than one subcommittee of the Committee on Appro18 priations, the President in proposing to rescind

19 budget authority under this section shall send a sep20 arate special message and accompanying draft bill

21 for accounts within the jurisdiction of each such sub22 committee.

23 ‘‘(3) Each special message shall specify, with

24 respect to the budget authority proposed to be re-
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1 scinded, the matters referred to in paragraphs (1)

2 through (5) of section 1012(a).

3 ‘‘(c) PROCEDURES FOR EXPEDITED CONSIDER4 ATION.—

5 ‘‘(1)(A) Before the close of the second legisla6 tive day of the House of Representatives after the

7 date of receipt of a special message transmitted to

8 Congress under subsection (b), the majority leader

9 or minority leader of the House of Representatives

10 shall introduce (by request) the draft bill accom11 panying that special message. If the bill is not intro12 duced as provided in the preceding sentence, then,

13 on the third legislative day of the House of Rep14 resentatives after the date of receipt of that special

15 message, any Member of that House may introduce

16 the bill.

17 ‘‘(B) The bill shall be referred to the Commit18 tee on Appropriations or the Committee on Ways

19 and Means of the House of Representatives, as ap20 propriate. The committee shall report the bill with21 out substantive revision and with or without rec22 ommendation. The bill shall be reported not later

23 than the seventh legislative day of that House after

24 the date of receipt of that special message. If the

25 committee fails to report the bill within that period,
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1 that committee shall be automatically discharged

2 from consideration of the bill, and the bill shall be

3 placed on the appropriate calendar.

4 ‘‘(C) A vote on final passage of the bill shall be

5 taken in the House of Representatives on or before

6 the close of the tenth legislative day of that House

7 after the date of the introduction of the bill in that

8 House. If the bill is passed, the Clerk of the House

9 of Representatives shall cause the bill to be en10 grossed, certified, and transmitted to the Senate

11 within one calendar day of the day on which the bill

12 is passed.

13 ‘‘(2)(A) A motion in the House of Representa14 tives to proceed to the consideration of a bill under

15 this section shall be highly privileged and not debat16 able. An amendment to the motion shall not be in

17 order, nor shall it be in order to move to reconsider

18 the vote by which the motion is agreed to or dis19 agreed to.

20 ‘‘(B) Debate in the House of Representatives

21 on a bill under this section shall not exceed four

22 hours, which shall be divided equally between those

23 favoring and those opposing the bill. A motion fur24 ther to limit debate shall not be debatable. It shall

25 not be in order to move to recommit a bill under this
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1 section or to move to reconsider the vote by which

2 the bill is agreed to or disagreed to.

3 ‘‘(C) Appeals from decisions of the Chair relat4 ing to the application of the Rules of the House of

5 Representatives to the procedure relating to a bill

6 under this section shall be decided without debate.

7 ‘‘(D) Except to the extent specifically provided

8 in the preceding provisions of this subsection consid9 eration of a bill under this section shall be governed

10 by the Rules of the House of Representatives.

11 ‘‘(3)(A) A bill transmitted to the Senate pursu12 ant to paragraph (1)(D) shall be referred to its

13 Committee on Appropriations or Committee on Fi14 ance, as appropriate. The committee shall report the

15 bill without substantive revision and with or without

16 recommendation. The bill shall be reported not later

17 than the seventh legislative day of the Senate after

18 it receives the bill. A committee failing to report the

19 bill within such period shall be automatically dis20 charged from consideration of the bill, and the bill

21 shall be placed upon the appropriate calendar.

22 ‘‘(B) A vote on final passage of a bill transmit23 ted to the Senate shall be taken on or before the

24 close of the tenth legislative day of the Senate after

25 the date on which the bill is transmitted. If the bill
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1 is passed in the Senate without amendment, the Sec2 retary of the Senate shall cause the engrossed bill to

3 be returned to the House of Representatives.

4 ‘‘(4)(A) A motion in the Senate to proceed to

5 the consideration of a bill under this section shall be

6 privileged and not debatable. An amendment to the

7 motion shall not be in order, nor shall it be in order

8 to move to reconsider the vote by which the motion

9 is agreed to or disagreed to.

10 ‘‘(B) Debate in the Senate on a bill under this

11 section, and all debatable motions and appeals in

12 connection therewith, shall not exceed ten hours.

13 The time shall be equally divided between, and con14 trolled by, the majority leader and the minority lead15 er or their designees.

16 ‘‘(C) Debate in the Senate on any debatable

17 motion or appeal in connection with a bill under this

18 section shall be limited to not more than one hour,

19 to be equally divided between, and controlled by, the

20 mover and the manager of the bill, except that in

21 the event the manager of the bill is in favor of any

22 such motion or appeal, the time in opposition there23 to, shall be controlled by the minority leader or his

24 designee. Such leaders, or either of them, may, from

25 time under their control on the passage of a bill,
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1 allot additional time to any Senator during the con2 sideration of any debatable motion or appeal.

3 ‘‘(D) A motion in the Senate to further limit

4 debate on a bill under this section is not debatable.

5 A motion to recommit a bill under this section is not

6 in order.

7 ‘‘(d) AMENDMENTS AND DIVISIONS PROHIBITED.—

8 No amendment to a bill considered under this section shall

9 be in order in either the House of Representatives or the

10 Senate. It shall not be in order to demand a division of

11 the question in the House of Representatives (or in a Com12 mittee of the Whole) or in the Senate. No motion to sus13 pend the application of this subsection shall be in order

14 in either House, nor shall it be in order in either House

15 to suspend the application of this subsection by unanimous

16 consent.

17 ‘‘(e) REQUIREMENT TO MAKE AVAILABLE FOR OBLI18 GATION.—Any amount of budget authority proposed to be

19 rescinded in a special message transmitted to Congress

20 under subsection (b) shall be made available for obligation

21 on the day after the date on which either House rejects

22 the bill transmitted with that special message.

23 ‘‘(f) DEFINITIONS.—For purposes of this section—

24 ‘‘(1) the term ‘appropriation Act’ means any

25 general or special appropriation Act, and any Act or
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1 joint resolution making supplemental, deficiency, or

2 continuing appropriations; and

3 ‘‘(2) the term ‘legislative day’ means, with re4 spect to either House of Congress, any day during

5 which that House is in session.’’.

6 (b) EXERCISE OF RULEMAKING POWERS.—Section

7 904 of such Act (2 U.S.C. 621 note) is amended—

8 (1) by striking ‘‘and 1017’’ in subsection (a)

9 and inserting ‘‘1013, and 1018’’; and

10 (2) by striking ‘‘section 1017’’ in subsection (d)

11 and inserting ‘‘sections 1013 and 1018’’.

12 (c) CONFORMING AMENDMENTS.—

13 (1) Section 1011 of such Act (2 U.S.C. 682(5))

14 is amended—

15 (A) in paragraph (4), by striking ‘‘1013’’

16 and inserting ‘‘1014’’; and

17 (B) in paragraph (5)—

18 (i) by striking ‘‘1016’’ and inserting

19 ‘‘1017’’; and

20 (ii) by striking ‘‘1017(b)(1)’’ and in21 serting ‘‘1018(b)(1)’’.

22 (2) Section 1015 of such Act (2 U.S.C. 685)

23 (as redesignated by section 2(a)) is amended—
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1 (A) by striking ‘‘1012 or 1013’’ each place

2 it appears and inserting ‘‘1012, 1013, or

3 1014’’;

4 (B) in subsection (b)(1), by striking

5 ‘‘1012’’ and inserting ‘‘1012 or 1013’’;

6 (C) in subsection (b)(2), by striking

7 ‘‘1013’’ and inserting ‘‘1014’’; and

8 (D) in subsection (e)(2)—

9 (i) by striking ‘‘and’’ at the end of

10 subparagraph (A);

11 (ii) by redesignating subparagraph

12 (B) as subparagraph (C);

13 (iii) by striking ‘‘1013’’ in subpara14 graph (C) (as so redesignated) and insert15 ing ‘‘1014’’; and

16 (iv) by inserting after subparagraph

17 (A) the following new subparagraph:

18 ‘‘(B) he has transmitted a special message

19 under section 1013 with respect to a proposed

20 rescission; and’’.

21 (3) Section 1016 of such Act (2 U.S.C. 686)

22 (as redesignated by section 2(a)) is amended by

23 striking ‘‘1012 or 1013’’ each place it appears and

24 inserting ‘‘1012, 1013, or 1014’’.
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1 (d) CLERICAL AMENDMENTS.—The table of sections

2 for subpart B of title X of such Act is amended—

3 (1) by redesignating the items relating to sec4 tions 1013 through 1017 as items relating to sec5 tions 1014 through 1018; and

6 (2) by inserting after the item relating to sec7 tion 1012 the following new item:

‘‘Sec. 1013. Expedited consideration of certain proposed rescissions.’’.

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