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S. 4 (104th): Line Item Veto Act


The text of the bill below is as of Feb 27, 1995 (Reference Change).

Summary of this bill

Source: Wikipedia

The Line Item Veto Act of 1996 Pub.L. 104–130 was a federal law of the United States that granted the President the power to line-item veto budget bills passed by Congress, but its effect was brief as the act was soon ruled unconstitutional by the Supreme Court in Clinton v. City of New York.

This summary is from Wikipedia.


S 4 RCS

104th CONGRESS

1st Session

S. 4

[Report No. 104-9]

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


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 [Struck out->] sworn.’. [<-Struck out] sworn.

    ‘SEC. 1114. This title shall cease to be effective on September 30, 2002.’.