160 cosponsors
Line Item Veto Act - Grants the President legislative line item veto rescission authority. Authorizes the President to rescind all or part of any discretionary budget authority or veto any targeted tax benefit if the President determines that such rescission: (1) would help reduce the Federal budget deficit; (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 or veto by special message after enactment of an appropriations Act providing such budget authority or a revenue or reconciliation Act containing a targeted tax benefit.
Allows the President in each special message to propose to reduce the appropriate discretionary spending limit by an amount that does not exceed the total amount of discretionary budget authority rescinded by that message. Requires the President to submit a separate special message for each appropriations Act and for each revenue or reconciliation Act.
Makes such a rescission effective unless the Congress enacts a rescission-receipts disapproval bill.
Describes: (1) information to be included in the President's message; and (2) procedures to govern consideration of rescission-receipts disapproval legislation in the Senate and the House of Representatives.
Requires the Comptroller General, beginning January 6, 1996, and annually thereafter, to report to the Congress on: (1) a list of each proposed presidential rescission of discretionary budget authority and veto of a targeted tax benefit submitted through special messages for the fiscal year ending during the preceding calendar year, together with their dollar value, and an indication of whether each rescission of discretionary budget authority or veto of a targeted tax benefit was accepted or rejected by Congress; (2) the total number of proposed presidential rescissions of discretionary budget authority and vetoes of a targeted tax benefit submitted through special messages for the fiscal year ending during the preceding calendar year, together with their total dollar value; (3) the total number of presidential rescissions of discretionary budget authority or vetoes of a targeted tax benefit submitted through special messages for the fiscal year ending during the preceding calendar year and approved by Congress, together with their total dollar value; (4) a list of rescissions of discretionary budget authority initiated by Congress for the fiscal year ending during the preceding calendar year, together with their dollar value, and an indication of whether each such rescission was accepted or rejected by Congress; (5) the total number of rescissions of discretionary budget authority initiated and accepted by Congress for the fiscal year ending during the preceding calendar year, together with their total dollar value; and (6) a summary of the information provided by paragraphs (2), (3), and (5) for each of the ten fiscal years ending before the fiscal year during this calendar year.
Provides a process of expedited judicial review of provisions of this Act.
[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2 Introduced in House (IH)]
104th CONGRESS
1st Session
H. R. 2
To give the President item veto authority over appropriation Acts and
targeted tax benefits in revenue Acts.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 4, 1995
Mr. Clinger, Mr. Blute, Mr. Neumann, and Mr. Parker (for themselves,
Mr. Allard, Mr. Armey, Mr. Baker of California, Mr. Bunning, Mr.
Bachus, Mr. Ballenger, Mr. Barr, Mr. Bartlett of Maryland, Mr. Barton
of Texas, Mr. Bilirakis, Mr. Bono, Mr. Bryant of Tennessee, Mr.
Brownback, Mr. Burr, Mr. Burton of Indiana, Mr. Calvert, Mr. Callahan,
Mr. Camp, Mr. Canady, Mr. Castle, Mr. Christensen, Mr. Chrysler, Mr.
Coburn, Mr. Collins of Georgia, Miss Collins of Michigan, Mr. Cooley,
Mr. Cox, Mr. Crane, Mr. Crapo, Mr. Cremeans, Mr. Cunningham, Ms.
Danner, Mr. Davis, Mr. Doolittle, Mr. Dornan, Mr. Dreier, Ms. Dunn, Mr.
Emerson, Mr. English of Pennsylvania, Mr. Ensign, Mr. Everett, Mr.
Ewing, Mr. Fawell, Mr. Flanagan, Mr. Foley, Mr. Forbes, Ms. Fowler, Mr.
Fox, Mr. Frelinghuysen, Mr. Frisa, Mr. Ganske, Mr. Gillmor, Mr.
Goodlatte, Mr. Goodling, Mr. Goss, Mr. Greenwood, Mr. Gunderson, Mr.
Hall of Texas, Mr. Hancock, Mr. Hastert, Mr. Hastings of Washington,
Mr. Hayworth, Mr. Heineman, Mr. Herger, Mr. Hilleary, Mr. Hobson, Mr.
Hoke, Mr. Hostettler, Mr. Horn, Mr. Houghton, Mr. Hutchinson, Mr.
Inglis of South Carolina, Mr. Istook, Mrs. Johnson of Connecticut, Mr.
Jones, Mr. Kim, Mr. Kingston, Mr. Knollenberg, Mr. LaHood, Mr. Largent,
Mr. Latham, Mr. LaTourette, Mr. Lazio, Mr. Lewis of Kentucky, Mr.
Lightfoot, Mr. Linder, Mr. LoBiondo, Mr. Longley, Mr. McCollum, Mr.
McHugh, Mr. McIntosh, Mr. Mica, Mr. Miller of Florida, Ms. Molinari,
Mrs. Myrick, Mr. Nussle, Mr. Oxley, Mr. Packard, Mr. Pombo, Mr.
Portman, Mr. Quillen, Mr. Quinn, Mr. Radanovich, Mr. Rohrabacher, Mr.
Riggs, Mr. Roth, Mr. Royce, Mr. Sanford, Mr. Saxton, Mr. Schaefer, Mr.
Sensenbrenner, Mr. Shadegg, Mr. Shaw, Mr. Shays, Mr. Smith of Michigan,
Mr. Smith of New Jersey, Mr. Smith of Texas, Mr. Solomon, Mr. Stearns,
Mr. Stockman, Mr. Stump, Mr. Talent, Mr. Tate, Mr. Taylor of North
Carolina, Mr. Thornberry, Mr. Tiahrt, Mr. Upton, Mrs. Waldholtz, Mr.
Wamp, Mr. Weldon of Florida, Mr. Weldon of Pennsylvania, Mr. Whitfield,
Mr. Wicker, Mr. Weller, Mr. Zeliff, Mr. Zimmer, Mr. Kolbe, Mr. Paxon,
Mr. Young of Florida, Mr. Combest, Mr. Coble, Mr. Ehrlich, and Mrs.
Meyers of Kansas) 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 item veto authority over appropriation Acts and
targeted tax benefits in revenue Acts.
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 ``Line Item Veto Act''.
SEC. 2. LINE ITEM VETO 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 or veto any targeted
tax benefit which is subject to the terms of this Act if the
President--
(1) determines that--
(A) such rescission or veto would help reduce the
Federal budget deficit;
(B) such rescission or veto will not impair any
essential Government functions; and
(C) such rescission or veto will not harm the
national interest; and
(2) notifies the Congress of such rescission or veto 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 appropriation Act or a
joint resolution making continuing appropriations providing
such budget authority or a revenue Act containing a targeted
tax benefit.
The President shall submit a separate rescission message for each
appropriation Act and for each revenue Act under this paragraph.
SEC. 3. LINE ITEM VETO EFFECTIVE UNLESS DISAPPROVED.
(a)(1) 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/receipts disapproval bill making available all of the amount
rescinded is enacted into law.
(2) Any provision of law vetoed under this Act as set forth in a
special message by the President shall be deemed repealed unless,
during the period described in subsection (b), a rescission/receipts
disapproval bill restoring that provision 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/receipts 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/receipts disapproval bill; and
(3) if the President vetoes the rescission/receipts
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 or
veto, as the case may be, 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.
As used in this Act:
(1) The term ``rescission/receipts disapproval bill'' means
a bill or joint resolution which--
(A) only disapproves a rescission of discretionary
budget authority, in whole, rescinded, or
(B) only disapproves a veto of any targeted tax
benefit,
in a special message transmitted by the President under this
Act.
(2) The term ``calendar days of session'' shall mean only
those days on which both Houses of Congress are in session.
(3) The term ``targeted tax benefit'' means any provision
of a revenue Act which the President determines would provide a
Federal tax benefit to 5 or fewer taxpayers.
SEC. 5. CONGRESSIONAL CONSIDERATION OF LINE ITEM VETOES.
(a) Presidential Special Message.--Whenever the President rescinds
any budget authority as provided in this Act or vetoes any provision of
law 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 or the
provision vetoed;
(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 or veto any provision pursuant to this
Act;
(4) to the maximum extent practicable, the estimated
fiscal, economic, and budgetary effect of the rescission or
veto; and
(5) all actions, circumstances, and considerations relating
to or bearing upon the rescission or veto and the decision to
effect the rescission or veto, 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 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.
(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/Receipts Disapproval Bills.--Any
rescission/receipts 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/receipts 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/receipts
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/receipts disapproval
bill that relates to any matter other than the rescission of
budget authority or veto of the provision of law 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/
receipts 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.
<all>
PROCEEDINGS POSTPONED - The Chair put the question on agreeing to the Orton amendment and anounced that, by voice vote, the amendment was not agreed to. Mr. Orton demanded a recorded vote and, pursuant to the preceeding unanimous consent agreement, further proceedings were postponed.
DEBATE - The Committee of the Whole proceeded with 30 minutes of debate on the Waters amendment.
PROCEEDINGS POSTPONED - The Chair put the question on agreeing to the Waters amendment and anounced that, by voice vote, the amendment was not agreed to. Ms. Waters demanded a recorded vote and, pursuant to the preceeding unanimous consent agreement, further proceedings were postponed.
DEBATE - The Committee of the Whole proceeded with 30 minutes of debate on the Tauzin amendment.
DEBATE - The Committee of the Whole proceeded with 30 minutes of debate on the Traficant amendment.
DEBATE - The Committee of the Whole proceeded with one hour of debate on the Stenholm amendment.
PROCEEDINGS POSTPONED - The Chair put the question on agreeing to the Stenholm amendment and anounced that, by voice vote, the amendment was not agreed to. Mr. Stenholm demanded a recorded vote and, pursuant to the preceeding unanimous consent agreement, the vote was postponed.
Pursuant to a previous unanimous consent agreement, the Chair announced the order of business to be the further considera tion of amendments on which action had been postponed.
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The House rose from the Committee of the Whole House on the state of the Union to report H.R. 2.
The previous question was ordered pursuant to the rule.
The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union.
DEBATE - By unanimous consent, the House proceeded with ten minutes of further debate, equally divided between Ms. Collins (IL) and Mr. Clinger.
Mrs. Collins (IL) moved to recommit with instructions to Government Reform.
DEBATE - House proceeded with ten minutes of debate motion to recomit the bill to committee, with instructions.
The previous question on the motion to recommit with instructions was ordered without objection.
On motion to recommit with instructions Failed by recorded vote: 185 - 241 (Roll no. 94). (consideration: CR H1264)
Roll Call #94 (House)Passed/agreed to in House: On passage Passed by recorded vote: 294 - 134 (Roll no. 95).
Roll Call #95 (House)On passage Passed by recorded vote: 294 - 134 (Roll no. 95).
Roll Call #95 (House)Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate and read twice and referred jointly to the Committees on Budget; Governmental Affairs pursuant to the order of August 4, 1977, with instructions that if one Committee reports, the other Committee have thirty days to report or be discharged.