I

103D CONGRESS

1ST SESSION H. R. 223

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

IN THE HOUSE OF REPRESENTATIVES

JANUARY 5, 1993

Mr. KASICH introduced the following bill; which was referred jointly 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,

3 SECTION 1. SHORT TITLE.

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

5 Veto Act of 1993’’.

6 SEC. 2. ENHANCEMENT OF SPENDING CONTROL BY THE

7 PRESIDENT.

8 The Impoundment Control Act of 1974 is amended

9 by adding at the end the following new title:
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1 ‘‘TITLE XI—LEGISLATIVE LINE ITEM VETO

2 RESCISSION AUTHORITY

3 ‘‘PART A—LEGISLATIVE LINE ITEM VETO RESCISSION

4 AUTHORITY

5 ‘‘GRANT OF AUTHORITY AND CONDITIONS

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

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

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

9 part of any budget authority, if the President—

10 ‘‘(1) determines that—

11 ‘‘(A) such rescission would help balance

12 the Federal budget, reduce the Federal budget

13 deficit, or reduce the public debt;

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

15 essential Government functions; and

16 ‘‘(C) such rescission will not harm the na17 tional interest; and

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

19 by a special message not later than 20 calendar days

20 (not including Saturdays, Sundays, or holidays)

21 after the date of enactment of a regular or supple22 mental appropriations Act or a joint resolution mak23 ing continuing appropriations providing such budget

24 authority; or
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1 ‘‘(B) notifies the Congress of such rescission by

2 special message accompanying the submission of the

3 President’s budget to Congress and such rescissions

4 have not been proposed previously for that fiscal

5 year.

6 The President shall submit a separate rescission message

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

8 ‘‘(b) RESCISSION EFFECTIVE UNLESS DIS9 APPROVED.—(1)(A) Any amount of budget authority re10 scinded under this title as set forth in a special message

11 by the President shall be deemed canceled unless during

12 the period described in subparagraph (B) a rescission dis13 approval bill making available all of the amount rescinded

14 is enacted into law.

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

16 ‘‘(i) a Congressional review period of 20 cal17 endar days of session under part B, during which

18 Congress must complete action on the rescission dis19 approval bill and present such bill to the President

20 for approval or disapproval;

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

22 additional 10 days (not including Sundays) during

23 which the President may exercise his authority to

24 sign or veto the rescission disapproval bill; and
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1 ‘‘(iii) if the President vetoes the rescission dis2 approval bill during the period provided in clause

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

4 the date of the veto.

5 ‘‘(2) If a special message is transmitted by the Presi6 dent under this section during any Congress and the last

7 session of such Congress adjourns sine die before the expi8 ration of the period described in paragraph (1)(B), the

9 rescission shall not take effect. The message shall be

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

11 succeeding Congress and the review period referred to in

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

13 beginning after such first day.

14 ‘‘DEFINITIONS

15 ‘‘SEC. 1102. For purposes of this title the term ‘re16 scission disapproval bill’ means a bill or joint resolution

17 which only disapproves a rescission of budget authority,

18 in whole, rescinded in a special message transmitted by

19 the President under section 1101.

20 ‘‘PART B—CONGRESSIONAL CONSIDERATION OF

21 LEGISLATIVE LINE ITEM VETO RESCISSIONS

22 ‘‘PRESIDENTIAL SPECIAL MESSAGE

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

24 budget authority as provided in section 1101, the Presi25 dent shall transmit to both Houses of Congress a special

26 message specifying—
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1 ‘‘(1) the amount of budget authority rescinded;

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

3 of the Government to which such budget authority

4 is available for obligation, and the specific project or

5 governmental functions involved;

6 ‘‘(3) the reasons and justifications for the de7 termination to rescind budget authority pursuant to

8 section 1101(a)(1);

9 ‘‘(4) to the maximum extent practicable, the es10 timated fiscal, economic, and budgetary effect of the

11 rescission; and

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

13 relating to or bearing upon the rescission and the

14 decision to effect the rescission, and to the maxi15 mum extent practicable, the estimated effect of the

16 rescission upon the objects, purposes, and programs

17 for which the budget authority is provided.

18 ‘‘TRANSMISSION OF MESSAGES; PUBLICATION

19 ‘‘SEC. 1112. (a) DELIVERY TO HOUSE AND SEN20 ATE.—Each special message transmitted under sections

21 1101 and 1111 shall be transmitted to the House of Rep22 resentatives and the Senate on the same day, and shall

23 be delivered to the Clerk of the House of Representatives

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

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

26 message so transmitted shall be referred to the appro-
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1 priate committees of the House of Representatives and the

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

3 of each House.

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

5 message transmitted under sections 1101 and 1111 shall

6 be printed in the first issue of the Federal Register pub7 lished after such transmittal.

8 ‘‘PROCEDURE IN SENATE

9 ‘‘SEC. 1113. (a) REFERRAL.—(1) Any rescission dis10 approval bill introduced with respect to a special message

11 shall be referred to the appropriate committees of the

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

13 be.

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

15 Senate from the House shall be considered in the Senate

16 pursuant to the provisions of this section.

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

18 ‘‘(1) Debate in the Senate on any rescission dis19 approval bill and debatable motions and appeals in

20 connection therewith, shall be limited to not more

21 than 10 hours. The time shall be equally divided be22 tween, and controlled by, the majority leader and the

23 minority leader or their designees.

24 ‘‘(2) Debate in the Senate on any debatable mo25 tion or appeal in connection with such a bill shall be

26 limited to 1 hour, to be equally divided between, and
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1 controlled by, the mover and the manager of the bill,

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

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

4 opposition thereto shall be controlled by the minority

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

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

7 passage of the bill, allot additional time to any Sen8 ator during the consideration of any debatable mo9 tion or appeal.

10 ‘‘(3) A motion to further limit debate is not de11 batable. A motion to recommit (except a motion to

12 recommit with instructions to report back within a

13 specified number of days, not to exceed 1, not count14 ing any day on which the Senate is not in session)

15 is not in order.

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

17 in the Senate or the House of Representatives to consider

18 any rescission disapproval bill that relates to any matter

19 other than the rescission of budget authority transmitted

20 by the President under section 1101.

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

22 House of Representatives to consider any amendment to

23 a rescission disapproval bill.
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1 ‘‘(3) Paragraphs (1) and (2) may be waived or sus2 pended in the Senate only by a vote of three-fifths of the

3 members duly chosen and sworn.’’.

4 SEC. 3. EFFECTIVE DATE.

5 The amendment made by section 2 shall be applicable

6 only during the One Hundred Third Congress.

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