Legislative Line Item Veto Act of 1989

Legislative Line Item Veto Act of 1989 - Amends the Impoundment Control Act of 1974 to grant the President legislative line item veto rescission authority. Authorizes the President to rescind all or part of any budget authority if the President determines that such rescission: (1) would help balance the Federal budget, reduce the Federal budget deficit, or reduce the public debt; (2) will not impair any essential Government functions; and (3) will not harm the national interest. Requires the President to notify the Congress of such a rescission by: (1) special message not later than 20 calendar days after enactment of appropriations legislation; or (2) special message accompanying the budget when such rescissions have not been proposed previously for that fiscal year.

Makes such a rescission effective unless the Congress, during a review period of 20 calendar days, enacts a rescission disapproval bill.

Describes: (1) information to be included in the President's message; and (2) procedures to govern consideration of rescission disapproval legislation in the Senate and the House of Representatives.

 
HR 3583 IH
101st CONGRESS
1st Session
 H. R. 3583
To grant the power to the President to reduce budget authority.
IN THE HOUSE OF REPRESENTATIVES
November 2, 1989
Mr. MCEWEN introduced the following bill; which was referred jointly to the
Committees on Government Operations and Rules
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 1989'.
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 20 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 20 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 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 disapproval 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 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.
`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 10 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 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
  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 1, 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 sworn.'.