[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 4 Reported in Senate (RS)]
Calendar No. 26
104th CONGRESS
1st Session
S. 4
[Report No. 104-9]
[Report No. 104-13]
_______________________________________________________________________
A BILL
To grant the power to the President to reduce budget authority.
_______________________________________________________________________
March 7 (legislative day, March 6), 1995
Reported without amendment, without recommendation
Calendar No. 26
104th CONGRESS
1st Session
S. 4
[Report No. 104-9]
[Report No. 104-13]
To grant the power to the President to reduce budget authority.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 4, 1995
Mr. Dole (for himself, Mr. McCain, Mr. Coats, Mr. Kyl, Mr. Helms, Mr.
Murkowski, Mr. Ashcroft, Mr. Bond, Mr. Grams, Mr. Gramm, Mr. DeWine,
Mr. Brown, Mr. Burns, Mr. Chafee, Mr. Coverdell, Mr. Craig, Mr. Gregg,
Mr. Inhofe, Mrs. Kassebaum, Mr. Kempthorne, Mr. McConnell, Mr. Nickles,
Mr. Santorum, Mr. Shelby, Mr. Smith, Mr. Warner, Ms. Snowe, Mrs.
Feinstein, and Mr. Thomas) introduced the following bill; which was
read twice and referred jointly pursuant to the order of August 4,
1977, to the Committees on the Budget and Governmental Affairs, with
instructions that if one committee reports, the other committee have
thirty days to report or be discharged
February 27 (legislative day, February 22), 1995
Reported by Mr. Domenici, with amendments, without recommendation
[Omit the part struck through and insert the part printed in italic]
Referred to the Committee on Governmental Affairs for not to exceed
thirty days
March 7 (legislative day, March 6), 1995
Reported by Mr. Roth, without amendment, without recommendation
_______________________________________________________________________
A BILL
To grant the power to the President to reduce budget authority.
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 ``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 national
interest; and
``(2)(A) 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 or a
joint resolution making 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 Disapproved.--(1)(A) Any amount
of budget authority rescinded 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 disapproval 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 twenty calendar days
of session under part B, during which Congress must complete
action on the rescission disapproval bill and present such bill
to the President for approval or disapproval;
``(ii) after the period provided in clause (i), an
additional ten 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 disapproval
bill during the period provided in clause (ii), an additional
five calendar days of session after the date of the veto.
``(2) If a special message is transmitted by the President under
this section during any Congress and the last session of such Congress
adjourns sine die before the expiration 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 `rescission
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.
``deficit reduction
``Sec. 1103. (a) If Congress fails to disapprove a rescission of
discretionary spending under this part within the period of review
provided under this part, the President shall, on the day after the
period has expired, reduce the discretionary spending limits under
section 601 of the Congressional Budget Act of 1974 for the budget year
and any outyear affected by the rescissions to reflect the amount of
the rescission.
``(b) If Congress fails to disapprove a rescission of discretionary
spending under this part within the period of review provided under
this part, the chairs of the Committees on the Budget of the Senate and
the House of Representatives shall, on the day after the period has
expired, revise levels under section 311(a) and adjust the committee
allocations under section 602(a) to reflect the amount of the
rescission.
``(c) If Congress fails to disapprove a rescission of direct
spending under this part within the period of review provided under
this part, the President shall, on the day after the period has
expired, adjust the balances for the budget year and each outyear under
section 252(b) of the Balanced Budget and Emergency Deficit Control Act
of 1985 to reflect the amount of the rescission.
``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 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 section 1101(a)(1);
``(4) to the maximum extent practicable, the estimated
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 maximum 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 Senate.--Each special
message transmitted under sections 1101 and 1111 shall be transmitted
to the House of 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 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 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 published after such transmittal.
``procedure in senate
``Sec. 1113. (a) Referral.--(1) 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.
``(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 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.
``(2) Debate in the Senate on any debatable motion or
appeal in connection with such a 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.
``(3) 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.
``(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 suspended in the
Senate only by a vote of three-fifths of the members duly chosen and
<DELETED>sworn.''.</DELETED> sworn.
``Sec. 1114. This title shall cease to be effective on September
30, 2002.''.