I
104TH CONGRESS
1ST SESSION
H. R. 27
To grant the power to the President to reduce budget authority.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 4, 1995
Mr. DUNCAN (for himself and Mr. BURTON of Indiana, Mr. HUNTER, Mr.
ROHRABACHER, Mr. PETRI, Mr. HOKE, Mr. CANADY, Mr. KING, Mr.
STUMP, Mr. PARKER, Mr. WILSON, Mr. MCCRERY, Mr. GUNDERSON, Mr.
PORTMAN, Mr. MCHUGH, Mr. HANSEN, Mr. HALL of Texas, Mr. SCHIFF,
Mr. BEREUTER, Mr. DOOLITTLE, Mr. QUILLEN, Mr. BALLENGER, Mr.
WALSH, Mr. COBLE, Mr. HOEKSTRA, Mr. PACKARD, Mr. ALLARD, Mr.
PRYCE, Mr. SENSENBRENNER, Mr. BACHUS, Mr. BAKER of Louisiana,
Mr. TORKILDSEN, Mr. BRYANT of Tennessee, Mr. POMBO, Mrs. MEYERS
of Kansas, Mr. HEFLEY, Mr. CONDIT, and Mrs. FOWLER) introduced the
following bill; which was referred to the Committee on Government Re-
form 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 com-
mittee concerned.
A BILL
To grant the power to the President to reduce budget
authority.
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 ‘‘Legislative Line Item
Veto Act of 1995’’.
SEC. 2. ENHANCEMENT OF SPENDING CONTROL BY THE
PRESIDENT.
The Impoundment Control Act of 1974 is amended
by adding at the end thereof the following new title:
‘‘TITLE XI—LEGISLATIVE LINE ITEM VETO
RESCISSION AUTHORITY
‘‘PART A—LEGISLATIVE LINE ITEM VETO RESCISSION
AUTHORITY
‘‘GRANT OF AUTHORITY AND CONDITIONS
‘‘SEC. 1101. (a) IN GENERAL.—Notwithstanding the
provisions of part B of title X and subject to the provisions
of part B of this title, the President may rescind all or
part of any budget authority, if the President—
‘‘(1) determines that—
‘‘(A) such rescission would help balance
the Federal budget, reduce the Federal budget
deficit, or reduce the public debt;
‘‘(B) such rescission will not impair any
essential Government functions; and
‘‘(C) such rescission will not harm the na-
tional interest; and
‘‘(2)(A) notifies the Congress of such rescission
by a special message not later than 20 calendar days
(not including Saturdays, Sundays, or holidays)
after the date of enactment of a regular or supple-
mental appropriations Act or a joint resolution mak-
ing continuing appropriations providing such budget
authority; or
‘‘(B) notifies the Congress of such rescission by
special message accompanying the submission of the
President’s budget to Congress and such rescissions
have not been proposed previously for that fiscal
year.
The President shall submit a separate rescission message
for each appropriations bill under paragraph (2)(A).
‘‘(b) 
RESCISSION
EFFECTIVE
UNLESS
DIS-
APPROVED.—(1)(A) Any amount of budget authority re-
scinded under this title as set forth in a special message
by the President shall be deemed canceled unless during
the period described in subparagraph (B), a rescission dis-
approval bill making available all of the amount rescinded
is enacted into law.
‘‘(B) The period referred to in subparagraph (A) is—
‘‘(i) a Congressional review period of 20 cal-
endar days of session under part B, during which
Congress must complete action on the rescission dis-
approval bill and present such bill to the President
for approval or disapproval;
‘‘(ii) after the period provided in clause (i), an
additional 10 days (not including Sundays) during
which the President may exercise his authority to
sign or veto the rescission disapproval bill; and
‘‘(iii) if the President vetoes the rescission dis-
approval bill during the period provided in clause
(ii), an additional 5 calendar days of session after
the date of the veto.
‘‘(2) If a special message is transmitted by the Presi-
dent under this section during any Congress and the last
session of such Congress adjourns sine die before the expi-
ration of the period described in paragraph (1)(B), the
rescission shall not take effect. The message shall be
deemed to have been retransmitted on the first day of the
succeeding Congress and the review period referred to in
paragraph (1)(B) (with respect to such message) shall run
beginning after such first day.
‘‘DEFINITIONS
‘‘SEC. 1102. For purposes of this title the term ‘re-
scission disapproval bill’ means a bill or joint resolution
which only disapproves a rescission of budget authority,
in whole, rescinded in a special message transmitted by
the President under section 1101.
‘‘PART B—CONGRESSIONAL CONSIDERATION OF
LEGISLATIVE LINE ITEM VETO RESCISSIONS
‘‘PRESIDENTIAL SPECIAL MESSAGE
‘‘SEC. 1111. Whenever the President rescinds any
budget authority as provided in section 1101, the Presi-
dent 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 de-
termination to rescind budget authority pursuant to
section 1101(a)(1);
‘‘(4) to the maximum extent practicable, the es-
timated fiscal, economic, and budgetary effect of the
rescission; and
‘‘(5) all facts, circumstances, and considerations
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.
‘‘TRANSMISSION OF MESSAGES; PUBLICATION
‘‘SEC. 1112. (a) DELIVERY TO HOUSE AND SEN-
ATE.—Each special message transmitted under sections
1101 and 1111 shall be transmitted to the House of Rep-
resentatives and the Senate on the same day, and shall
be delivered to the Clerk of the House of Representatives
if the House is not in session, and to the Secretary of
the Senate if the Senate is not in session. Each special
message so transmitted shall be referred to the appro-
priate committees of the House of Representatives and the
Senate. Each such message shall be printed as a document
of each House.
‘‘(b) PRINTING IN FEDERAL REGISTER.—Any special
message transmitted under sections 1101 and 1111 shall
be printed in the first issue of the Federal Register pub-
lished after such transmittal.
‘‘PROCEDURE IN SENATE
‘‘SEC. 1113. (a) REFERRAL.—(1) Any rescission dis-
approval bill introduced with respect to a special message
shall be referred to the appropriate committees of the
House of Representatives or the Senate, as the case may
be.
‘‘(2) Any rescission disapproval bill received in the
Senate from the House shall be considered in the Senate
pursuant to the provisions of this section.
‘‘(b) FLOOR CONSIDERATION IN THE SENATE.—
‘‘(1) Debate in the Senate on any rescission dis-
approval bill and debatable motions and appeals in
connection therewith, shall be limited to not more
than 10 hours. The time shall be equally divided be-
tween, and controlled by, the majority leader and the
minority leader or their designees.
‘‘(2) Debate in the Senate on any debatable mo-
tion or appeal in connection with such a bill shall be
limited to 1 hour, to be equally divided between, and
controlled by, the mover and the manager of the bill,
except that in the event the manager of the bill is
in favor of any such motion or appeal, the time in
opposition thereto shall be controlled by the minority
leader or his designee. Such leaders, or either of
them, may, from the time under their control on the
passage of the bill, allot additional time to any Sen-
ator during the consideration of any debatable mo-
tion or appeal.
‘‘(3) A motion to further limit debate is not de-
batable. A motion to recommit (except a motion to
recommit with instructions to report back within a
specified number of days, not to exceed 1, not count-
ing any day on which the Senate is not in session)
is not in order.
‘‘(c) POINT OF ORDER.—(1) It shall not be in order
in the Senate or the House of Representatives to consider
any rescission disapproval bill that relates to any matter
other than the rescission of budget authority transmitted
by the President under section 1101.
‘‘(2) It shall not be in order in the Senate or the
House of Representatives to consider any amendment to
a rescission disapproval bill.
‘‘(3) Paragraphs (1) and (2) may be waived or sus-
pended in the Senate only by a vote of three-fifths of the
members duly chosen and sworn.’’.
Æ