I
104TH CONGRESS
1ST SESSION
H. R. 128
To give the President legislative, line-item veto authority over budget authority
in appropriations bills in fiscal years 1996 and 1997.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 4, 1995
Mr. SOLOMON (for himself, Mr. CRANE, Mr. CUNNINGHAM, Mr. MCINTOSH,
and Mr. ROYCE) introduced the following bill; which was referred to the
Committee on Government Reform and Oversight and, in addition, to the
Committee on Rules, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall within
the jurisdiction of the committee concerned
A BILL
To give the President legislative, line-item veto authority
over budget authority in appropriations bills in fiscal
years 1996 and 1997.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘The Legislative Line
Item Veto Act of 1995’’.
SEC. 2. LEGISLATIVE LINE ITEM VETO RESCISSION AU-
THORITY.
(a) IN GENERAL.—Notwithstanding the provisions of
part B of title X of The Congressional Budget and Im-
poundment Control Act of 1974, and subject to the provi-
sions of this section, the President may rescind all or part
of any discretionary budget authority for fiscal years 1996
or 1997 which is subject to the terms of this Act if the
President—
(1) determines that—
(A) such rescission would help balance the
Federal budget, reduce the Federal budget defi-
cit, or reduce the public debt;
(B) such rescission will not impair any es-
sential Government functions;
(C) such rescission will not harm the na-
tional interest; and
(D) such rescission will directly contribute
to the purpose of this Act of limiting discre-
tionary spending in fiscal years 1996 or 1997,
as the case may be; and
(2) notifies the Congress of such rescission by
a special message not later than twenty calendar
days (not including Saturdays, Sundays, or holidays)
after the date of enactment of a regular or supple-
mental appropriations act for fiscal year 1996 or
1997 or a joint resolution making continuing appro-
priations providing such budget authority for fiscal
year 1996 or 1997, as the case may be.
The President shall submit a separate rescission message
for each appropriations bill under this paragraph.
SEC. 3. RESCISSION EFFECTIVE UNLESS DISAPPROVED.
(a) Any amount of budget authority rescinded under
this Act as set forth in a special message by the President
shall be deemed canceled unless during the period de-
scribed in subsection (b), a rescission disapproval bill mak-
ing available all of the amount rescinded is enacted into
law.
(b) The period referred to in subsection (a) is—
(1) a congressional review period of twenty cal-
endar days of session during which Congress must
complete action on the rescission disapproval bill and
present such bill to the President for approval or
disapproval;
(2) after the period provided in paragraph (1),
an additional ten days (not including Sundays) dur-
ing which the President may exercise his authority
to sign or veto the rescission disapproval bill; and
(3) if the President vetoes the rescission dis-
approval bill during the period provided in para-
graph (2), an additional five calendar days of session
after the date of the veto.
(c) If a special message is transmitted by the Presi-
dent under this Act and the last session of the Congress
adjourns sine die before the expiration of the period de-
scribed in subsection (b), the rescission shall not take ef-
fect. The message shall be deemed to have been
retransmitted on the first day of the succeeding Congress
and the review period referred to in subsection (b) (with
respect to such message) shall run beginning after such
first day.
SEC. 4. DEFINITIONS.
For purposes of this Act—
(1) the term ‘‘rescission disapproval bill’’ means
a bill or joint resolution which only disapproves a re-
scission of discretionary budget authority for fiscal
year 1996 or 1997, in whole, rescinded in a special
message transmitted by the President under this
Act; and
(2) the term ‘‘Calendar days of session’’ shall
mean only those days on which both Houses of Con-
gress are in session.
SEC. 5. CONGRESSIONAL CONSIDERATION OF LEGISLATIVE
LINE ITEM VETO RESCISSIONS.
(a) PRESIDENTIAL SPECIAL MESSAGE.—Whenever
the President rescinds any budget authority as provided
in this Act, the President shall transmit to both Houses
of Congress a special message specifying—
(1) the amount of budget authority rescinded;
(2) any account, department, or establishment
of the Government to which such budget authority
is available for obligation, and the specific project or
governmental functions involved;
(3) the reasons and justifications for the deter-
mination to rescind budget authority pursuant to
this Act;
(4) to the maximum extent practicable, the esti-
mated fiscal, economic, and budgetary effect of the
rescission; and
(5) all factions, circumstances, and consider-
ations relating to or bearing upon the rescission and
the decision to effect the rescission, and to the maxi-
mum extent practicable, the estimated effect of the
rescission upon the objects, purposes, and programs
for which the budget authority is provided.
(b) TRANSMISSION OF MESSAGES TO HOUSE AND
SENATE.—