[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 128 Introduced in House (IH)]

  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 Representatives 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 AUTHORITY.

    (a) In General.--Notwithstanding the provisions of part B of title 
X of The Congressional Budget and Impoundment Control Act of 1974, and 
subject to the provisions 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 deficit, or reduce 
                the public debt;
                    (B) such rescission will not impair any essential 
                Government functions;
                    (C) such rescission will not harm the national 
                interest; and
                    (D) such rescission will directly contribute to the 
                purpose of this Act of limiting discretionary 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 supplemental appropriations act for fiscal year 
        1996 or 1997 or a joint resolution making continuing 
        appropriations 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 described in subsection (b), a rescission 
disapproval bill making 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 calendar 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) during which the 
        President may exercise his authority to sign or veto the 
        rescission disapproval bill; and
            (3) if the President vetoes the rescission disapproval bill 
        during the period provided in paragraph (2), an additional five 
        calendar days of session after the date of the veto.
    (c) If a special message is transmitted by the President under this 
Act and the last session of the Congress adjourns sine die before the 
expiration of the period described in subsection (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 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 rescission 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 Congress 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 determination to 
        rescind budget authority pursuant to this Act;
            (4) to the maximum extent practicable, the estimated 
        fiscal, economic, and budgetary effect of the rescission; and
            (5) all factions, circumstances, and considerations 
        relating to or bearing upon the rescission and the decision to 
        effect the rescission, and to the maximum 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.--
            (1) Each special message transmitted under this Act shall 
        be transmitted to the House or Representatives 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 if the Senate is not 
        in session. Each special message so transmitted shall be 
        referred to the appropriate committees of the House of 
        Representatives and the Senate. Each message shall be printed 
        as a document of each House.
            (2) Any special message transmitted under this Act shall be 
        printed in the first issue of the Federal Register published 
        after such transmittal.
    (c) Referral of Rescission Disapproval Bills.--Any rescission 
disapproval 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.
    (d) Consideration in the Senate.--
            (1) Any rescission disapproval bill received in the Senate 
        from the House shall be considered in the Senate pursuant to 
        the provisions of this Act.
            (2) Debate in the Senate on any rescission disapproval bill 
        and debatable motions and appeals in connection therewith, 
        shall be limited to not more than ten hours. The time shall be 
        equally divided between, and controlled by, the majority leader 
        and the minority leader or their designees.
            (3) Debate in the Senate on any debatable motions or appeal 
        in connection with such bill shall be limited to one 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 Senator during the consideration of any 
        debatable motion or appeal.
            (4) A motion to further limit debate is not debatable. A 
        motion to recommit (except a motion to recommit with 
        instructions to report back within a specified number of days 
        not to exceed one, not counting any day on which the Senate is 
        not in session) is not in order.
    (e) Points 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 budget 
        authority transmitted by the President under this Act.
            (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 suspended in 
        the Senate only by a vote of three-fifths of the members duly 
        chosen and sworn.
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