[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3136 Introduced in House (IH)]

  2d Session
                                H. R. 3136

 To provide for enactment of the Senior Citizens' Right to Work Act of 
    1996, the Line Item Veto Act, and the Small Business Growth and 
 Fairness Act of 1996, and to provide for a permanent increase in the 
                           public debt limit.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 21, 1996

  Mr. Archer introduced the following bill; which was referred to the 
 Committee on Ways and Means, and in addition to the Committees on the 
Budget, Rules, the Judiciary, Small Business, and Government Reform and 
 Oversight, 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 provide for enactment of the Senior Citizens' Right to Work Act of 
    1996, the Line Item Veto Act, and the Small Business Growth and 
 Fairness Act of 1996, and to provide for a permanent increase in the 
                           public debt limit.

    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 ``Contract with America Advancement 
Act of 1996''.

        TITLE I--SOCIAL SECURITY EARNINGS LIMITATION AMENDMENTS

SEC. 101. SHORT TITLE OF TITLE.

    This title may be cited as the ``Senior Citizens' Right to Work Act 
of 1996''.

SEC. 102. INCREASES IN MONTHLY EXEMPT AMOUNT FOR PURPOSES OF THE SOCIAL 
              SECURITY EARNINGS LIMIT.

    (a) Increase in Monthly Exempt Amount for Individuals Who Have 
Attained Retirement Age.--Section 203(f)(8)(D) of the Social Security 
Act (42 U.S.C. 403(f)(8)(D)) is amended to read as follows:
            ``(D) Notwithstanding any other provision of this 
        subsection, the exempt amount which is applicable to an 
        individual who has attained retirement age (as defined in 
        section 216(l)) before the close of the taxable year involved 
        shall be--
                    ``(i) for each month of any taxable year ending 
                after 1995 and before 1997, $1,166.66\2/3\,
                    ``(ii) for each month of any taxable year ending 
                after 1996 and before 1998, $1,250.00,
                    ``(iii) for each month of any taxable year ending 
                after 1997 and before 1999, $1,333.33\1/3\,
                    ``(iv) for each month of any taxable year ending 
                after 1998 and before 2000, $1,416.66\2/3\,
                    ``(v) for each month of any taxable year ending 
                after 1999 and before 2001, $1,500.00,
                    ``(vi) for each month of any taxable year ending 
                after 2000 and before 2002, $2,083.33\1/3\, and
                    ``(vii) for each month of any taxable year ending 
                after 2001 and before 2003, $2,500.00.''.
    (b) Conforming Amendments.--
            (1) Section 203(f)(8)(B)(ii) of such Act (42 U.S.C. 
        403(f)(8)(B)(ii)) is amended--
                    (A) by striking ``the taxable year ending after 
                1993 and before 1995'' and inserting ``the taxable year 
                ending after 2001 and before 2003 (with respect to 
                individuals described in subparagraph (D)) or the 
                taxable year ending after 1993 and before 1995 (with 
                respect to other individuals)''; and
                    (B) in subclause (II), by striking ``for 1992'' and 
                inserting ``for 2000 (with respect to individuals 
                described in subparagraph (D)) or 1992 (with respect to 
                other individuals)''.
            (2) The second sentence of section 223(d)(4)(A) of such Act 
        (42 U.S.C. 423(d)(4)(A)) is amended by striking ``the exempt 
        amount under section 203(f)(8) which is applicable to 
        individuals described in subparagraph (D) thereof'' and 
        inserting the following: ``an amount equal to the exempt amount 
        which would be applicable under section 203(f)(8), to 
        individuals described in subparagraph (D) thereof, if section 
        102 of the Senior Citizens' Right to Work Act of 1996 had not 
        been enacted''.
    (c) Effective Date.--The amendments made by this section shall 
apply with respect to taxable years ending after 1995.

SEC. 103. CONTINUING DISABILITY REVIEWS.

    (a) Authorization for Appropriations for Continuing Disability 
Reviews.--Section 201(g)(1)(A) of the Social Security Act (42 U.S.C. 
401(g)(1)(A)) is amended by adding at the end the following: ``Of the 
amounts authorized to be made available out of the Federal Old-Age and 
Survivors Insurance Trust Fund and the Federal Disability Insurance 
Trust Fund under the preceding sentence, there are hereby authorized to 
be made available from either or both of such Trust Funds for 
continuing disability reviews--
            ``(i) for fiscal year 1996, $260,000,000;
            ``(ii) for fiscal year 1997, $360,000,000;
            ``(iii) for fiscal year 1998, $570,000,000;
            ``(iv) for fiscal year 1999, $720,000,000;
            ``(v) for fiscal year 2000, $720,000,000;
            ``(vi) for fiscal year 2001, $720,000,000; and
            ``(viii) for fiscal year 2002, $720,000,000.
For purposes of this subparagraph, the term `continuing disability 
review' means a review conducted pursuant to section 221(i) and a 
review or disability eligibility redetermination conducted to determine 
the continuing disability and eligibility of a recipient of benefits 
under the supplemental security income program under title XVI, 
including any review or redetermination conducted pursuant to section 
207 or 208 of the Social Security Independence and Program Improvements 
Act of 1994 (Public Law 103-296).''.
    (b) Adjustment to Discretionary Spending Limits.--Section 251(b)(2) 
of the Balanced Budget and Emergency Deficit Control Act of 1985 is 
amended by adding the following new subparagraph:
                    ``(H) Continuing disability reviews.--(i) Whenever 
                a bill or joint resolution making appropriations for 
                fiscal year 1996, 1997, 1998, 1999, 2000, 2001, or 2002 
                is enacted that specifies an amount for continuing 
                disability reviews under the heading `Limitation on 
                Administrative Expenses' for the Social Security 
                Administration, the adjustments for that fiscal year 
                shall be the additional new budget authority provided 
                in that Act for such reviews for that fiscal year and 
                the additional outlays flowing from such amounts, but 
                shall not exceed--
                            ``(I) for fiscal year 1996, $15,000,000 in 
                        additional new budget authority and $60,000,000 
                        in additional outlays;
                            ``(II) for fiscal year 1997, $25,000,000 in 
                        additional new budget authority and 
                        $160,000,000 in additional outlays;
                            ``(III) for fiscal year 1998, $145,000,000 
                        in additional new budget authority and 
                        $370,000,000 in additional outlays;
                            ``(IV) for fiscal year 1999, $280,000,000 
                        in additional new budget authority and 
                        $520,000,000 in additional outlays;
                            ``(V) for fiscal year 2000, $317,500,000 in 
                        additional new budget authority and 
                        $520,000,000 in additional outlays;
                            ``(VI) for fiscal year 2001, $317,500,000 
                        in additional new budget authority and 
                        $520,000,000 in additional outlays; and
                            ``(VII) for fiscal year 2002, $317,500,000 
                        in additional new budget authority and 
                        $520,000,000 in additional outlays.
                    ``(ii) As used in this subparagraph--
                            ``(I) the term `continuing disability 
                        reviews' has the meaning given such term by 
                        section 201(g)(1)(A) of the Social Security 
                        Act;
                            ``(II) the term `additional new budget 
                        authority' means new budget authority provided 
                        for a fiscal year, in excess of $100,000,000, 
                        for the Supplemental Security Income program 
                        and specified to pay for the costs of 
                        continuing disability reviews attributable to 
                        the Supplemental Security Income program; and
                            ``(III) the term `additional outlays' means 
                        outlays, in excess of $200,000,000 in a fiscal 
                        year, flowing from the amounts specified for 
                        continuing disability reviews under the heading 
                        `Limitation on Administrative Expenses' for the 
                        Social Security Administration, including 
                        outlays in that fiscal year flowing from 
                        amounts specified in Acts enacted for prior 
                        fiscal years (but not before 1996).''.
    (c) Budget Allocation Adjustment by Budget Committee.--Section 606 
of the Congressional Budget and Impoundment Control Act of 1974 is 
amended by adding the following new subsection:
    ``(e) Continuing Disability Review Adjustment.--
            ``(1) In general.--(A) For fiscal year 1996, upon the 
        enactment of the Contract with America Advancement Act of 1996, 
        the Chairmen of the Committees on the Budget of the Senate and 
        House of Representatives shall make the adjustments referred to 
        in subparagraph (C) to reflect $15,000,000 in additional new 
        budget authority and $60,000,000 in additional outlays for 
        continuing disability reviews (as defined in section 
        201(g)(1)(A) of the Social Security Act).
            ``(B) When the Committee on Appropriations reports an 
        appropriations measure for fiscal year 1997, 1998, 1999, 2000, 
        2001, or 2002 that specifies an amount for continuing 
        disability reviews under the heading `Limitation on 
        Administrative Expenses' for the Social Security 
        Administration, or when a conference committee submits a 
        conference report thereon, the Chairman of the Committee on the 
        Budget of the Senate or House of Representatives (whichever is 
        appropriate) shall make the adjustments referred to in 
        subparagraph (C) to reflect the additional new budget authority 
        for continuing disability reviews provided in that measure or 
        conference report and the additional outlays flowing from such 
        amounts for continuing disability reviews.
            ``(C) The adjustments referred to in this subparagraph 
        consist of adjustments to--
                    ``(i) the discretionary spending limits for that 
                fiscal year as set forth in the most recently adopted 
                concurrent resolution on the budget;
                    ``(ii) the allocations to the Committees on 
                Appropriations of the Senate and the House of 
                Representatives for that fiscal year under sections 
                302(a) and 602(a); and
                    ``(iii) the appropriate budgetary aggregates for 
                that fiscal year in the most recently adopted 
                concurrent resolution on the budget.
            ``(D) The adjustments under this paragraph for any fiscal 
        year shall not exceed the levels set forth in section 
        251(b)(2)(H) of the Balanced Budget and Emergency Deficit 
        Control Act of 1985 for that fiscal year. The adjusted 
        discretionary spending limits, allocations, and aggregates 
        under this paragraph shall be considered the appropriate 
        limits, allocations, and aggregates for purposes of 
        congressional enforcement of this Act and concurrent budget 
        resolutions under this Act.
            ``(2) Reporting revised suballocations.--Following the 
        adjustments made under paragraph (1), the Committees on 
        Appropriations of the Senate and the House of Representatives 
        may report appropriately revised suballocations pursuant to 
        sections 302(b) and 602(b) of this Act to carry out this 
        subsection.
            ``(3) Definitions.--As used in this section, the terms 
        `continuing disability reviews', `additional new budget 
        authority', and `additional outlays' shall have the same 
        meanings as provided in section 251(b)(2)(H)(ii) of the 
        Balanced Budget and Emergency Deficit Control Act of 1985.''.
    (d) Use of Funds and Reports.--
            (1) In general.--The Commissioner of Social Security shall 
        ensure that funds made available for continuing disability 
        reviews (as defined in section 201(g)(1)(A) of the Social 
        Security Act) are used, to the greatest extent practicable, to 
        maximize the combined savings in the old-age, survivors, and 
        disability insurance, supplemental security income, medicare, 
        and medicaid programs.
            (2) Report.--The Commissioner of Social Security shall 
        provide annually (at the conclusion of each of the fiscal years 
        1996 through 2002) to the Congress a report on continuing 
        disability reviews which includes--
                    (A) the amount spent on continuing disability 
                reviews in the fiscal year covered by the report, and 
                the number of reviews conducted, by category of review;
                    (B) the results of the continuing disability 
                reviews in terms of cessations of benefits or 
                determinations of continuing eligibility, by program; 
                and
                    (C) the estimated savings over the short-, medium-, 
                and long-term to the old-age, survivors, and disability 
                insurance, supplemental security income, medicare, and 
                medicaid programs from continuing disability reviews 
                which result in cessations of benefits and the 
                estimated present value of such savings.
    (e) Office of Chief Actuary in the Social Security 
Administration.--
            (1) In general.--Section 702 of the Social Security Act (42 
        U.S.C. 902) is amended--
                    (A) by redesignating subsections (c) and (d) as 
                subsections (d) and (e), respectively; and
                    (B) by inserting after subsection (b) the following 
                new subsection:

                            ``Chief Actuary

    ``(c)(1) There shall be in the Administration a Chief Actuary, who 
shall be appointed by, and in direct line of authority to, the 
Commissioner. The Chief Actuary shall be appointed from individuals who 
have demonstrated, by their education and experience, superior 
expertise in the actuarial sciences. The Chief Actuary shall serve as 
the chief actuarial officer of the Administration, and shall exercise 
such duties as are appropriate for the office of the Chief Actuary and 
in accordance with professional standards of actuarial independence. 
The Chief Actuary may be removed only for cause.
    ``(2) The Chief Actuary shall be compensated at the highest rate of 
basic pay for the Senior Executive Service under section 5382(b) of 
title 5, United States Code.''.
            (2) Effective date of subsection.--The amendments made by 
        this subsection shall take effect on the date of the enactment 
        of this Act.

SEC. 104. ENTITLEMENT OF STEPCHILDREN TO CHILD'S INSURANCE BENEFITS 
              BASED ON ACTUAL DEPENDENCY ON STEPPARENT SUPPORT.

    (a) Requirement of Actual Dependency for Future Entitlements.--
            (1) In general.--Section 202(d)(4) of the Social Security 
        Act (42 U.S.C. 402(d)(4)) is amended by striking ``was living 
        with or''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall apply with respect to benefits of individuals who become 
        entitled to such benefits for months after the third month 
        following the month in which this Act is enacted.
    (b) Termination of Child's Insurance Benefits Based on Work Record 
of Stepparent Upon Natural Parent's Divorce From Stepparent.--
            (1) In general.--Section 202(d)(1) of the Social Security 
        Act (42 U.S.C. 402(d)(1)) is amended--
                    (A) by striking ``or'' at the end of subparagraph 
                (F);
                    (B) by striking the period at the end of 
                subparagraph (G) and inserting ``; or''; and
                    (C) by inserting after subparagraph (G) the 
                following new subparagraph:
            ``(H) if the benefits under this subsection are based on 
        the wages and self-employment income of a stepparent who is 
        subsequently divorced from such child's natural parent, the 
        month after the month in which such divorce becomes final.''.
            (2) Notification.--Section 202(d) of such Act (42 U.S.C. 
        402(d)) is amended by adding the following new paragraph:
    ``(10) For purposes of paragraph (1)(H)--
            ``(A) each stepparent shall notify the Commissioner of 
        Social Security of any divorce upon such divorce becoming 
        final; and
            ``(B) the Commissioner shall annually notify any stepparent 
        of the rule for termination described in paragraph (1)(H) and 
        of the requirement described in subparagraph (A).''.
            (3) Effective dates.--
                    (A) The amendments made by paragraph (1) shall 
                apply with respect to final divorces occurring after 
                the third month following the month in which this Act 
                is enacted.
                    (B) The amendment made by paragraph (2) shall take 
                effect on the date of the enactment of this Act.

SEC. 105. DENIAL OF DISABILITY BENEFITS TO DRUG ADDICTS AND ALCOHOLICS.

    (a) Amendments Relating to Title II Disability Benefits.--
            (1) In general.--Section 223(d)(2) of the Social Security 
        Act (42 U.S.C. 423(d)(2)) is amended by adding at the end the 
        following:
            ``(C) An individual shall not be considered to be disabled 
        for purposes of this title if alcoholism or drug addiction 
        would (but for this subparagraph) be a contributing factor 
        material to the Commissioner's determination that the 
        individual is disabled.''.
            (2) Representative payee requirements.--
                    (A) Section 205(j)(1)(B) of such Act (42 U.S.C. 
                405(j)(1)(B)) is amended to read as follows:
    ``(B) In the case of an individual entitled to benefits based on 
disability, the payment of such benefits shall be made to a 
representative payee if the Commissioner of Social Security determines 
that such payment would serve the interest of the individual because 
the individual also has an alcoholism or drug addiction condition (as 
determined by the Commissioner) and the individual is incapable of 
managing such benefits.''.
                    (B) Section 205(j)(2)(C)(v) of such Act (42 U.S.C. 
                405(j)(2)(C)(v)) is amended by striking ``entitled to 
                benefits'' and all that follows through ``under a 
                disability'' and inserting ``described in paragraph 
                (1)(B)''.
                    (C) Section 205(j)(2)(D)(ii)(II) of such Act (42 
                U.S.C. 405(j)(2)(D)(ii)(II)) is amended by striking all 
                that follows ``15 years, or'' and inserting ``described 
                in paragraph (1)(B).''.
                    (D) Section 205(j)(4)(A)(i)(II) of such Act (42 
                U.S.C. 405(j)(4)(A)(ii)(II)) is amended by striking 
                ``entitled to benefits'' and all that follows through 
                ``under a disability'' and inserting ``described in 
                paragraph (1)(B)''.
            (3) Treatment referrals for individuals with an alcoholism 
        or drug addiction condition.--Section 222 of such Act (42 
        U.S.C. 422) is amended by adding at the end the following new 
        subsection:

   ``Treatment Referrals for Individuals with an Alcoholism or Drug 
                          Addiction Condition

    ``(e) In the case of any individual whose benefits under this title 
are paid to a representative payee pursuant to section 205(j)(1)(B), 
the Commissioner of Social Security shall refer such individual to the 
appropriate State agency administering the State plan for substance 
abuse treatment services approved under subpart II of part B of title 
XIX of the Public Health Service Act (42 U.S.C. 300x-21 et seq.).''.
            (4) Conforming amendment.--Subsection (c) of section 225 of 
        such Act (42 U.S.C. 425(c)) is repealed.
            (5) Effective dates.--
                    (A) The amendments made by paragraphs (1) and (4) 
                shall apply to any individual who applies for, or whose 
                claim is finally adjudicated by the Commissioner of 
                Social Security with respect to, benefits under title 
                II of the Social Security Act based on disability on or 
                after the date of the enactment of this Act, and, in 
                the case of any individual who has applied for, and 
                whose claim has been finally adjudicated by the 
                Commissioner with respect to, such benefits before such 
                date of enactment, such amendments shall apply only 
                with respect to such benefits for months beginning on 
                or after January 1, 1997.
                    (B) The amendments made by paragraphs (2) and (3) 
                shall apply with respect to benefits for which 
                applications are filed after the third month following 
                the month in which this Act is enacted.
                    (C) Within 90 days after the date of the enactment 
                of this Act, the Commissioner of Social Security shall 
                notify each individual who is entitled to monthly 
                insurance benefits under title II of the Social 
                Security Act based on disability for the month in which 
                this Act is enacted and whose entitlement to such 
                benefits would terminate by reason of the amendments 
                made by this subsection. If such an individual 
                reapplies for benefits under title II of such Act (as 
                amended by this Act) based on disability within 120 
                days after the date of the enactment of this Act, the 
                Commissioner of Social Security shall, not later than 
                January 1, 1997, complete the entitlement 
                redetermination (including a new medical determination) 
                with respect to such individual pursuant to the 
                procedures of such title.
    (b) Amendments Relating to SSI Benefits.--
            (1) In general.--Section 1614(a)(3) of the Social Security 
        Act (42 U.S.C. 1382c(a)(3)) is amended by adding at the end the 
        following:
    ``(I) Notwithstanding subparagraph (A), an individual shall not be 
considered to be disabled for purposes of this title if alcoholism or 
drug addiction would (but for this subparagraph) be a contributing 
factor material to the Commissioner's determination that the individual 
is disabled.''.
            (2) Representative payee requirements.--
                    (A) Section 1631(a)(2)(A)(ii)(II) of such Act (42 
                U.S.C. 1383(a)(2)(A)(ii)(II)) is amended to read as 
                follows:
    ``(II) In the case of an individual eligible for benefits under 
this title by reason of disability, the payment of such benefits shall 
be made to a representative payee if the Commissioner of Social 
Security determines that such payment would serve the interest of the 
individual because the individual also has an alcoholism or drug 
addiction condition (as determined by the Commissioner) and the 
individual is incapable of managing such benefits.''.
                    (B) Section 1631(a)(2)(B)(vii) of such Act (42 
                U.S.C. 1383(a)(2)(B)(vii)) is amended by striking 
                ``eligible for benefits'' and all that follows through 
                ``is disabled'' and inserting ``described in 
                subparagraph (A)(ii)(II)''.
                    (C) Section 1631(a)(2)(B)(ix)(II) of such Act (42 
                U.S.C. 1383(a)(2)(B)(ix)(II)) is amended by striking 
                all that follows ``15 years, or'' and inserting 
                ``described in subparagraph (A)(ii)(II).''.
                    (D) Section 1631(a)(2)(D)(i)(II) of such Act (42 
                U.S.C. 1383(a)(2)(D)(i)(II)) is amended by striking 
                ``eligible for benefits'' and all that follows through 
                ``is disabled'' and inserting ``described in 
                subparagraph (A)(ii)(II)''.
            (3) Treatment referrals for individuals with an alcoholism 
        or drug addiction condition.--Title XVI of such Act (42 U.S.C. 
        1381 et seq.) is amended by adding at the end the following new 
        section:

   ``treatment referrals for individuals with an alcoholism or drug 
                          addiction condition

    ``Sec. 1636. In the case of any individual whose benefits under 
this title are paid to a representative payee pursuant to section 
1631(a)(2)(A)(ii)(II), the Commissioner of Social Security shall refer 
such individual to the appropriate State agency administering the State 
plan for substance abuse treatment services approved under subpart II 
of part B of title XIX of the Public Health Service Act (42 U.S.C. 
300x-21 et seq.).''.
            (4) Conforming amendments.--
                    (A) Section 1611(e) of such Act (42 U.S.C. 1382(e)) 
                is amended by striking paragraph (3).
                    (B) Section 1634 of such Act (42 U.S.C. 1383c) is 
                amended by striking subsection (e).
            (5) Effective dates.--
                    (A) The amendments made by paragraphs (1) and (4) 
                shall apply to any individual who applies for, or whose 
                claim is finally adjudicated by the Commissioner of 
                Social Security with respect to, supplemental security 
                income benefits under title XVI of the Social Security 
                Act based on disability on or after the date of the 
                enactment of this Act, and, in the case of any 
                individual who has applied for, and whose claim has 
                been finally adjudicated by the Commissioner with 
                respect to, such benefits before such date of 
                enactment, such amendments shall apply only with 
                respect to such benefits for months beginning on or 
                after January 1, 1997.
                    (B) The amendments made by paragraphs (2) and (3) 
                shall apply with respect to supplemental security 
                income benefits under title XVI of the Social Security 
                Act for which applications are filed after the third 
                month following the month in which this Act is enacted.
                    (C) Within 90 days after the date of the enactment 
                of this Act, the Commissioner of Social Security shall 
                notify each individual who is eligible for supplemental 
                security income benefits under title XVI of the Social 
                Security Act for the month in which this Act is enacted 
                and whose eligibility for such benefits would terminate 
                by reason of the amendments made by this subsection. If 
                such an individual reapplies for supplemental security 
                income benefits under title XVI of such Act (as amended 
                by this Act) within 120 days after the date of the 
                enactment of this Act, the Commissioner of Social 
                Security shall, not later than January 1, 1997, 
                complete the eligibility redetermination (including a 
                new medical determination) with respect to such 
                individual pursuant to the procedures of such title.
                    (D) For purposes of this paragraph, the phrase 
                ``supplemental security income benefits under title XVI 
                of the Social Security Act'' includes supplementary 
                payments pursuant to an agreement for Federal 
                administration under section 1616(a) of the Social 
                Security Act and payments pursuant to an agreement 
                entered into under section 212(b) of Public Law 93-66.
    (c) Conforming Amendment.--Section 201(c) of the Social Security 
Independence and Program Improvements Act of 1994 (42 U.S.C. 425 note) 
is repealed.
    (d) Supplemental Funding for Alcohol and Substance Abuse Treatment 
Programs.--
            (1) In general.--Out of any money in the Treasury not 
        otherwise appropriated, there are hereby appropriated to 
        supplement State and Tribal programs funded under section 1933 
        of the Public Health Service Act (42 U.S.C. 300x-33), 
        $50,000,000 for each of the fiscal years 1997 and 1998.
            (2) Additional funds.--Amounts appropriated under paragraph 
        (1) shall be in addition to any funds otherwise appropriated 
        for allotments under section 1933 of the Public Health Service 
        Act (42 U.S.C. 300x-33) and shall be allocated pursuant to such 
        section 1933.
            (3) Use of Funds.--A State or Tribal government receiving 
        an allotment under this subsection shall consider as 
        priorities, for purposes of expending funds allotted under this 
        subsection, activities relating to the treatment of the abuse 
        of alcohol and other drugs.

SEC. 106. PILOT STUDY OF EFFICACY OF PROVIDING INDIVIDUALIZED 
              INFORMATION TO RECIPIENTS OF OLD-AGE AND SURVIVORS 
              INSURANCE BENEFITS.

    (a) In General.--During a 2-year period beginning as soon as 
practicable in 1996, the Commissioner of Social Security shall conduct 
a pilot study of the efficacy of providing certain individualized 
information to recipients of monthly insurance benefits under section 
202 of the Social Security Act, designed to promote better 
understanding of their contributions and benefits under the social 
security system. The study shall involve solely beneficiaries whose 
entitlement to such benefits first occurred in or after 1984 and who 
have remained entitled to such benefits for a continuous period of not 
less than 5 years. The number of such recipients involved in the study 
shall be of sufficient size to generate a statistically valid sample 
for purposes of the study, but shall not exceed 600,000 beneficiaries.
    (b) Annualized Statements.--During the course of the study, the 
Commissioner shall provide to each of the beneficiaries involved in the 
study one annualized statement, setting forth the following 
information:
            (1) an estimate of the aggregate wages and self-employment 
        income earned by the individual on whose wages and self-
        employment income the benefit is based, as shown on the records 
        of the Commissioner as of the end of the last calendar year 
        ending prior to the beneficiary's first month of entitlement;
            (2) an estimate of the aggregate of the employee and self-
        employment contributions, and the aggregate of the employer 
        contributions (separately identified), made with respect to the 
        wages and self-employment income on which the benefit is based, 
        as shown on the records of the Commissioner as of the end of 
        the calendar year preceding the beneficiary's first month of 
        entitlement; and
            (3) an estimate of the total amount paid as benefits under 
        section 202 of the Social Security Act based on such wages and 
        self-employment income, as shown on the records of the 
        Commissioner as of the end of the last calendar year preceding 
        the issuance of the statement for which complete information is 
        available.
    (c) Inclusion With Matter Otherwise Distributed to Beneficiaries.--
The Commissioner shall ensure that reports provided pursuant to this 
section are, to the maximum extent practicable, included with other 
reports currently provided to beneficiaries on an annual basis.
    (d) Report to the Congress.--The Commissioner shall report to each 
House of the Congress regarding the results of the pilot study 
conducted pursuant to this section not later than 60 days after the 
completion of such study.

SEC. 107. PROTECTION OF SOCIAL SECURITY AND MEDICARE TRUST FUNDS.

    (a) In General.--Part A of title XI of the Social Security Act (42 
U.S.C. 1301 et seq.) is amended by adding at the end the following new 
section:

        ``protection of social security and medicare trust funds

    ``Sec. 1145. (a) In General.--No officer or employee of the United 
States shall--
            ``(1) delay the deposit of any amount into (or delay the 
        credit of any amount to) any Federal fund or otherwise vary 
        from the normal terms, procedures, or timing for making such 
        deposits or credits,
            ``(2) refrain from the investment in public debt 
        obligations of amounts in any Federal fund, or
            ``(3) redeem prior to maturity amounts in any Federal fund 
        which are invested in public debt obligations for any purpose 
        other than the payment of benefits or administrative expenses 
        from such Federal fund.
    ``(b) Public Debt Obligation.--For purposes of this section, the 
term `public debt obligation' means any obligation subject to the 
public debt limit established under section 3101 of title 31, United 
States Code.
    ``(c) Federal Fund.--For purposes of this section, the term 
`Federal fund' means--
            ``(1) the Federal Old-Age and Survivors Insurance Trust 
        Fund;
            ``(2) the Federal Disability Insurance Trust Fund;
            ``(3) the Federal Hospital Insurance Trust Fund; and
            ``(4) the Federal Supplementary Medical Insurance Trust 
        Fund.''.
    (b) Effective Date.--The amendment made by this section shall take 
effect on the date of the enactment of this Act.

SEC. 108. PROFESSIONAL STAFF FOR THE SOCIAL SECURITY ADVISORY BOARD.

      Section 703(i) of the Social Security Act (42 U.S.C. 903(i)) is 
amended in the first sentence by inserting after ``Staff Director'' the 
following: ``, and three professional staff members one of whom shall 
be appointed from among individuals approved by the members of the 
Board who are not members of the political party represented by the 
majority of the Board,''.

                        TITLE II--LINE ITEM VETO

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Line Item Veto Act''.

SEC. 202. LINE ITEM VETO AUTHORITY.

    (a) In General.--Title X of the Congressional Budget and 
Impoundment Control Act of 1974 (2 U.S.C. 681 et seq.) is amended by 
adding at the end the following new part:

                        ``Part C--Line Item Veto

                       ``line item veto authority

    ``Sec. 1021. (a) In General.--Notwithstanding the provisions of 
parts A and B, and subject to the provisions of this part, the 
President may, with respect to any bill or joint resolution that has 
been signed into law pursuant to Article I, section 7, of the 
Constitution of the United States, cancel in whole--
            ``(1) any dollar amount of discretionary budget authority;
            ``(2) any item of new direct spending; or
            ``(3) any limited tax benefit;
if the President--
            ``(A) determines that such cancellation will--
                    ``(i) reduce the Federal budget deficit;
                    ``(ii) not impair any essential Government 
                functions; and
                    ``(iii) not harm the national interest; and
            ``(B) notifies the Congress of such cancellation by 
        transmitting a special message, in accordance with section 
        1022, within five calendar days (excluding Sundays) after the 
        enactment of the law providing the dollar amount of 
        discretionary budget authority, item of new direct spending, or 
        limited tax benefit that was canceled.
    ``(b) Identification of Cancellations.--In identifying dollar 
amounts of discretionary budget authority, items of new direct 
spending, and limited tax benefits for cancellation, the President 
shall--
            ``(1) consider the legislative history, construction, and 
        purposes of the law which contains such dollar amounts, items, 
        or benefits;
            ``(2) consider any specific sources of information 
        referenced in such law or, in the absence of specific sources 
        of information, the best available information; and
            ``(3) use the definitions contained in section 1026 in 
        applying this part to the specific provisions of such law.
    ``(c) Exception for Disapproval Bills.--The authority granted by 
subsection (a) shall not apply to any dollar amount of discretionary 
budget authority, item of new direct spending, or limited tax benefit 
contained in any law that is a disapproval bill as defined in section 
1026.

                           ``special messages

    ``Sec. 1022. (a) In General.--For each law from which a 
cancellation has been made under this part, the President shall 
transmit a single special message to the Congress.
    ``(b) Contents.--
            ``(1) The special message shall specify--
                    ``(A) the dollar amount of discretionary budget 
                authority, item of new direct spending, or limited tax 
                benefit which has been canceled, and provide a 
                corresponding reference number for each cancellation;
                    ``(B) the determinations required under section 
                1021(a), together with any supporting material;
                    ``(C) the reasons for the cancellation;
                    ``(D) to the maximum extent practicable, the 
                estimated fiscal, economic, and budgetary effect of the 
                cancellation;
                    ``(E) all facts, circumstances and considerations 
                relating to or bearing upon the cancellation, and to 
                the maximum extent practicable, the estimated effect of 
                the cancellation upon the objects, purposes and 
                programs for which the canceled authority was provided; 
                and
                    ``(F) include the adjustments that will be made 
                pursuant to section 1024 to the discretionary spending 
                limits under section 601 and an evaluation of the 
                effects of those adjustments upon the sequestration 
                procedures of section 251 of the Balanced Budget and 
                Emergency Deficit Control Act of 1985.
            ``(2) In the case of a cancellation of any dollar amount of 
        discretionary budget authority or item of new direct spending, 
        the special message shall also include, if applicable-
                    ``(A) any account, department, or establishment of 
                the Government for which such budget authority was to 
                have been available for obligation and the specific 
                project or governmental functions involved;
                    ``(B) the specific States and congressional 
                districts, if any, affected by the cancellation; and
                    ``(C) the total number of cancellations imposed 
                during the current session of Congress on States and 
                congressional districts identified in subparagraph (B).
    ``(c) Transmission of Special Messages to House and Senate.--
            ``(1) The President shall transmit to the Congress each 
        special message under this part within five calendar days 
        (excluding Sundays) after enactment of the law to which the 
        cancellation applies. Each special message shall be transmitted 
        to the House of Representatives and the Senate on the same 
        calendar day. Such special message 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.
            ``(2) Any special message transmitted under this part shall 
        be printed in the first issue of the Federal Register published 
        after such transmittal.

              ``cancellation effective unless disapproved

    ``Sec. 1023. (a) In General.--The cancellation of any dollar amount 
of discretionary budget authority, item of new direct spending, or 
limited tax benefit shall take effect upon receipt in the House of 
Representatives and the Senate of the special message notifying the 
Congress of the cancellation. If a disapproval bill for such special 
message is enacted into law, then all cancellations disapproved in that 
law shall be null and void and any such dollar amount of discretionary 
budget authority, item of new direct spending, or limited tax benefit 
shall be effective as of the original date provided in the law to which 
the cancellation applied.
    ``(b) Commensurate Reductions in Discretionary Budget Authority.--
Upon the cancellation of a dollar amount of discretionary budget 
authority under subsection (a), the total appropriation for each 
relevant account of which that dollar amount is a part shall be 
simultaneously reduced by the dollar amount of that cancellation.

                          ``deficit reduction

    ``Sec. 1024. (a) In General.--
            ``(1) Discretionary budget authority.--OMB shall, for each 
        dollar amount of discretionary budget authority and for each 
        item of new direct spending canceled from an appropriation law 
        under section 1021(a)--
                    ``(A) reflect the reduction that results from such 
                cancellation in the estimates required by section 
                251(a)(7) of the Balanced Budget and Emergency Deficit 
                Control Act of 1985 in accordance with that Act, 
                including an estimate of the reduction of the budget 
                authority and the reduction in outlays flowing from 
                such reduction of budget authority for each outyear; 
                and
                    ``(B) include a reduction to the discretionary 
                spending limits for budget authority and outlays in 
                accordance with the Balanced Budget and Emergency 
                Deficit Control Act of 1985 for each applicable fiscal 
                year set forth in section 601(a)(2) by amounts equal to 
                the amounts for each fiscal year estimated pursuant to 
                subparagraph (A).
            ``(2) Direct spending and limited tax benefits.--(A) OMB 
        shall, for each item of new direct spending or limited tax 
        benefit canceled from a law under section 1021(a), estimate the 
        deficit decrease caused by the cancellation of such item or 
        benefit in that law and include such estimate as a separate 
        entry in the report prepared pursuant to section 252(d) of the 
        Balanced Budget and Emergency Deficit Control Act of 1985.
            ``(B) OMB shall not include any change in the deficit 
        resulting from a cancellation of any item of new direct 
        spending or limited tax benefit, or the enactment of a 
        disapproval bill for any such cancellation, under this part in 
        the estimates and reports required by sections 252(b) and 254 
        of the Balanced Budget and Emergency Deficit Control Act of 
        1985.
    ``(b) Adjustments to Spending Limits.--After ten calendar days 
(excluding Sundays) after the expiration of the time period in section 
1025(b)(1) for expedited congressional consideration of a disapproval 
bill for a special message containing a cancellation of discretionary 
budget authority, OMB shall make the reduction included in subsection 
(a)(1)(B) as part of the next sequester report required by section 254 
of the Balanced Budget and Emergency Deficit Control Act of 1985.
    ``(c) Exception.--Subsection (b) shall not apply to a cancellation 
if a disapproval bill or other law that disapproves that cancellation 
is enacted into law prior to 10 calendar days (excluding Sundays) after 
the expiration of the time period set forth in section 1025(b)(1).
    ``(d) Congressional Budget Office Estimates.--As soon as 
practicable after the President makes a cancellation from a law under 
section 1021(a), the Director of the Congressional Budget Office shall 
provide the Committees on the Budget of the House of Representatives 
and the Senate with an estimate of the reduction of the budget 
authority and the reduction in outlays flowing from such reduction of 
budget authority for each outyear.

      ``expedited congressional consideration of disapproval bills

    ``Sec. 1025. (a) Receipt and Referral of Special Message.--Each 
special message transmitted under this part shall be referred to the 
Committee on the Budget and the appropriate committee or committees of 
the Senate and the Committee on the Budget and the appropriate 
committee or committees of the House of Representatives. Each such 
message shall be printed as a document of the House of Representatives.
    ``(b) Time Period for Expedited Procedures.--
            ``(1) There shall be a congressional review period of 30 
        calendar days of session, beginning on the first calendar day 
        of session after the date on which the special message is 
        received in the House of Representatives and the Senate, during 
        which the procedures contained in this section shall apply to 
        both Houses of Congress.
            ``(2) In the House of Representatives the procedures set 
        forth in this section shall not apply after the end of the 
        period described in paragraph (1).
            ``(3) If Congress adjourns at the end of a Congress prior 
        to the expiration of the period described in paragraph (1) and 
        a disapproval bill was then pending in either House of Congress 
        or a committee thereof (including a conference committee of the 
        two Houses of Congress), or was pending before the President, a 
        disapproval bill for the same special message may be introduced 
        within the first five calendar days of session of the next 
        Congress and shall be treated as a disapproval bill under this 
        part, and the time period described in paragraph (1) shall 
        commence on the day of introduction of that disapproval bill.
    ``(c) Introduction of Disapproval Bills.--(1) In order for a 
disapproval bill to be considered under the procedures set forth in 
this section, the bill must meet the definition of a disapproval bill 
and must be introduced no later than the fifth calendar day of session 
following the beginning of the period described in subsection (b)(1).
    ``(2) In the case of a disapproval bill introduced in the House of 
Representatives, such bill shall include in the first blank space 
referred to in section 1026(6)(C) a list of the reference numbers for 
all cancellations made by the President in the special message to which 
such disapproval bill relates.
    ``(d) Consideration in the House of Representatives.--(1) Any 
committee of the House of Representatives to which a disapproval bill 
is referred shall report it without amendment, and with or without 
recommendation, not later than the seventh calendar day of session 
after the date of its introduction. If any committee fails to report 
the bill within that period, it is in order to move that the House 
discharge the committee from further consideration of the bill, except 
that such a motion may not be made after the committee has reported a 
disapproval bill with respect to the same special message. A motion to 
discharge may be made only by a Member favoring the bill (but only at a 
time or place designated by the Speaker in the legislative schedule of 
the day after the calendar day on which the Member offering the motion 
announces to the House his intention to do so and the form of the 
motion). The motion is highly privileged. Debate thereon shall be 
limited to not more than one hour, the time to be divided in the House 
equally between a proponent and an opponent. The previous question 
shall be considered as ordered on the motion to its adoption without 
intervening motion. A motion to reconsider the vote by which the motion 
is agreed to or disagreed to shall not be in order.
    ``(2) After a disapproval bill is reported or a committee has been 
discharged from further consideration, it is in order to move that the 
House resolve into the Committee of the Whole House on the State of the 
Union for consideration of the bill. If reported and the report has 
been available for at least one calendar day, all points of order 
against the bill and against consideration of the bill are waived. If 
discharged, all points of order against the bill and against 
consideration of the bill are waived. The motion is highly privileged. 
A motion to reconsider the vote by which the motion is agreed to or 
disagreed to shall not be in order. During consideration of the bill in 
the Committee of the Whole, the first reading of the bill shall be 
dispensed with. General debate shall proceed, shall be confined to the 
bill, and shall not exceed one hour equally divided and controlled by a 
proponent and an opponent of the bill. The bill shall be considered as 
read for amendment under the five-minute rule. Only one motion to rise 
shall be in order, except if offered by the manager. No amendment to 
the bill is in order, except any Member if supported by 49 other 
Members (a quorum being present) may offer an amendment striking the 
reference number or numbers of a cancellation or cancellations from the 
bill. Consideration of the bill for amendment shall not exceed one hour 
excluding time for recorded votes and quorum calls. No amendment shall 
be subject to further amendment, except pro forma amendments for the 
purposes of debate only. At the conclusion of the consideration of the 
bill for amendment, the Committee shall rise and report the bill to the 
House with such amendments as may have been adopted. The previous 
question shall be considered as ordered on the bill and amendments 
thereto to final passage without intervening motion. A motion to 
reconsider the vote on passage of the bill shall not be in order.
    ``(3) Appeals from decisions of the Chair regarding application of 
the rules of the House of Representatives to the procedure relating to 
a disapproval bill shall be decided without debate.
    ``(4) It shall not be in order to consider under this subsection 
more than one disapproval bill for the same special message except for 
consideration of a similar Senate bill (unless the House has already 
rejected a disapproval bill for the same special message) or more than 
one motion to discharge described in paragraph (1) with respect to a 
disapproval bill for that special message.
    ``(e) Consideration in the Senate.--
            ``(1) Referral and reporting.--Any disapproval bill 
        introduced in the Senate shall be referred to the appropriate 
        committee or committees. A committee to which a disapproval 
        bill has been referred shall report the bill not later than the 
        seventh day of session following the date of introduction of 
        that bill. If any committee fails to report the bill within 
        that period, that committee shall be automatically discharged 
        from further consideration of the bill and the bill shall be 
        placed on the Calendar.
            ``(2) Disapproval bill from house.--When the Senate 
        receives from the House of Representatives a disapproval bill, 
        such bill shall not be referred to committee and shall be 
        placed on the Calendar.
            ``(3) Consideration of single disapproval bill.--After the 
        Senate has proceeded to the consideration of a disapproval bill 
        for a special message, then no other disapproval bill 
        originating in that same House relating to that same message 
        shall be subject to the procedures set forth in this 
        subsection.
            ``(4) Amendments.--
                    ``(A) Amendments in order.--The only amendments in 
                order to a disapproval bill are--
                            ``(i) an amendment that strikes the 
                        reference number of a cancellation from the 
                        disapproval bill; and
                            ``(ii) an amendment that only inserts the 
                        reference number of a cancellation included in 
                        the special message to which the disapproval 
                        bill relates that is not already contained in 
                        such bill.
                    ``(B) Waiver or appeal.--An affirmative vote of 
                three-fifths of the Senators, duly chosen and sworn, 
                shall be required in the Senate--
                            ``(i) to waive or suspend this paragraph; 
                        or
                            ``(ii) to sustain an appeal of the ruling 
                        of the Chair on a point of order raised under 
                        this paragraph.
            ``(5) Motion nondebatable.--A motion to proceed to 
        consideration of a disapproval bill under this subsection shall 
        not be debatable. It shall not be in order to move to 
        reconsider the vote by which the motion to proceed was adopted 
        or rejected, although subsequent motions to proceed may be made 
        under this paragraph.
            ``(6) Limit on consideration.-- (A) After no more than 10 
        hours of consideration of a disapproval bill, the Senate shall 
        proceed, without intervening action or debate (except as 
        permitted under paragraph (9)), to vote on the final 
        disposition thereof to the exclusion of all amendments not then 
        pending and to the exclusion of all motions, except a motion to 
        reconsider or to table.
            ``(B) A single motion to extend the time for consideration 
        under subparagraph (A) for no more than an additional five 
        hours is in order prior to the expiration of such time and 
        shall be decided without debate.
            ``(C) The time for debate on the disapproval bill shall be 
        equally divided between the Majority Leader and the Minority 
        Leader or their designees.
            ``(7) Debate on amendments.--Debate on any amendment to a 
        disapproval bill shall be limited to one hour, equally divided 
        and controlled by the Senator proposing the amendment and the 
        majority manager, unless the majority manager is in favor of 
        the amendment, in which case the minority manager shall be in 
        control of the time in opposition.
            ``(8) No motion to recommit.--A motion to recommit a 
        disapproval bill shall not be in order.
            ``(9) Disposition of senate disapproval bill.--If the 
        Senate has read for the third time a disapproval bill that 
        originated in the Senate, then it shall be in order at any time 
        thereafter to move to proceed to the consideration of a 
        disapproval bill for the same special message received from the 
        House of Representatives and placed on the Calendar pursuant to 
        paragraph (2), strike all after the enacting clause, substitute 
        the text of the Senate disapproval bill, agree to the Senate 
        amendment, and vote on final disposition of the House 
        disapproval bill, all without any intervening action or debate.
            ``(10) Consideration of house message.--Consideration in 
        the Senate of all motions, amendments, or appeals necessary to 
        dispose of a message from the House of Representatives on a 
        disapproval bill shall be limited to not more than four hours. 
        Debate on each motion or amendment shall be limited to 30 
        minutes. Debate on any appeal or point of order that is 
        submitted in connection with the disposition of the House 
        message shall be limited to 20 minutes. Any time for debate 
        shall be equally divided and controlled by the proponent and 
        the majority manager, unless the majority manager is a 
        proponent of the motion, amendment, appeal, or point of order, 
        in which case the minority manager shall be in control of the 
        time in opposition.
    ``(f) Consideration in Conference--
            ``(1) Convening of conference.--In the case of disagreement 
        between the two Houses of Congress with respect to a 
        disapproval bill passed by both Houses, conferees should be 
        promptly appointed and a conference promptly convened, if 
        necessary.
            ``(2) House consideration.--(A) Notwithstanding any other 
        rule of the House of Representatives, it shall be in order to 
        consider the report of a committee of conference relating to a 
        disapproval bill provided such report has been available for 
        one calendar day (excluding Saturdays, Sundays, or legal 
        holidays, unless the House is in session on such a day) and the 
        accompanying statement shall have been filed in the House.
            ``(B) Debate in the House of Representatives on the 
        conference report and any amendments in disagreement on any 
        disapproval bill shall each be limited to not more than one 
        hour equally divided and controlled by a proponent and an 
        opponent. A motion to further limit debate is not debatable. A 
        motion to recommit the conference report is not in order, and 
        it is not in order to move to reconsider the vote by which the 
        conference report is agreed to or disagreed to.
            ``(3) Senate consideration.--Consideration in the Senate of 
        the conference report and any amendments in disagreement on a 
        disapproval bill shall be limited to not more than four hours 
        equally divided and controlled by the Majority Leader and the 
        Minority Leader or their designees. A motion to recommit the 
        conference report is not in order.
            ``(4) Limits on scope.--(A) When a disagreement to an 
        amendment in the nature of a substitute has been referred to a 
        conference, the conferees shall report those cancellations that 
        were included in both the bill and the amendment, and may 
        report a cancellation included in either the bill or the 
        amendment, but shall not include any other matter.
            ``(B) When a disagreement on an amendment or amendments of 
        one House to the disapproval bill of the other House has been 
        referred to a committee of conference, the conferees shall 
        report those cancellations upon which both Houses agree and may 
        report any or all of those cancellations upon which there is 
        disagreement, but shall not include any other matter.

                             ``definitions

    ``Sec. 1026. As used in this part:
            ``(1) Appropriation law.--The term `appropriation law' 
        means an Act referred to in section 105 of title 1, United 
        States Code, including any general or special appropriation 
        Act, or any Act making supplemental, deficiency, or continuing 
        appropriations, that has been signed into law pursuant to 
        Article I, section 7, of the Constitution of the United States.
            ``(2) Calendar day.--The term `calendar day' means a 
        standard 24-hour period beginning at midnight.
            ``(3) Calendar days of session.--The term `calendar days of 
        session' shall mean only those days on which both Houses of 
        Congress are in session.
            ``(4) Cancel.--The term `cancel' or `cancellation' means--
                    ``(A) with respect to any dollar amount of 
                discretionary budget authority, to rescind;
                    ``(B) with respect to any item of new direct 
                spending--
                            ``(i) that is budget authority provided by 
                        law (other than an appropriation law), to 
                        prevent such budget authority from having legal 
                        force or effect;
                            ``(ii) that is entitlement authority, to 
                        prevent the specific legal obligation of the 
                        United States from having legal force or 
                        effect; or
                            ``(iii) through the food stamp program, to 
                        prevent the specific provision of law that 
                        results in an increase in budget authority or 
                        outlays for that program from having legal 
                        force or effect; and
                    ``(C) with respect to a limited tax benefit, to 
                prevent the specific provision of law that provides 
                such benefit from having legal force or effect.
            ``(5) Direct spending.--The term `direct spending' means--
                    ``(A) budget authority provided by law (other than 
                an appropriation law);
                    ``(B) entitlement authority; and
                    ``(C) the food stamp program.
            ``(6) Disapproval bill.--The term `disapproval bill' means 
        a bill or joint resolution which only disapproves one or more 
        cancellations of dollar amounts of discretionary budget 
        authority, items of new direct spending, or limited tax 
        benefits in a special message transmitted by the President 
        under this part and--
                    ``(A) the title of which is as follows: `A bill 
                disapproving the cancellations transmitted by the 
                President on ________', the blank space being filled in 
                with the date of transmission of the relevant special 
                message and the public law number to which the message 
                relates;
                    ``(B) which does not have a preamble; and
                    ``(C) which provides only the following after the 
                enacting clause: `That Congress disapproves of 
                cancellations ________', the blank space being filled 
                in with a list by reference number of one or more 
                cancellations contained in the President's special 
                message, `as transmitted by the President in a special 
                message on ________', the blank space being filled in 
                with the appropriate date, `regarding ________.', the 
                blank space being filled in with the public law number 
                to which the special message relates.
            ``(7) Dollar amount of discretionary budget authority.--(A) 
        Except as provided in subparagraph (B), the term `dollar amount 
        of discretionary budget authority' means the entire dollar 
        amount of budget authority--
                    ``(i) specified in an appropriation law, or the 
                entire dollar amount of budget authority required to be 
                allocated by a specific proviso in an appropriation law 
                for which a specific dollar figure was not included;
                    ``(ii) represented separately in any table, chart, 
                or explanatory text included in the statement of 
                managers or the governing committee report accompanying 
                such law;
                    ``(iii) required to be allocated for a specific 
                program, project, or activity in a law (other than an 
                appropriation law) that mandates the expenditure of 
                budget authority from accounts, programs, projects, or 
                activities for which budget authority is provided in an 
                appropriation law;
                    ``(iv) represented by the product of the estimated 
                procurement cost and the total quantity of items 
                specified in an appropriation law or included in the 
                statement of managers or the governing committee report 
                accompanying such law; and
                    ``(v) represented by the product of the estimated 
                procurement cost and the total quantity of items 
                required to be provided in a law (other than an 
                appropriation law) that mandates the expenditure of 
                budget authority from accounts, programs, projects, or 
                activities for which budget authority is provided in an 
                appropriation law.
            ``(B) The term `dollar amount of discretionary budget 
        authority' does not include--
                    ``(i) direct spending;
                    ``(ii) budget authority in an appropriation law 
                which funds direct spending provided for in other law;
                    ``(iii) any existing budget authority rescinded or 
                canceled in an appropriation law; or
                    ``(iv) any restriction, condition, or limitation in 
                an appropriation law or the accompanying statement of 
                managers or committee reports on the expenditure of 
                budget authority for an account, program, project, or 
                activity, or on activities involving such expenditure.
            ``(8) Item of new direct spending.--The term `item of new 
        direct spending' means any specific provision of law that is 
        estimated to result in an increase in budget authority or 
        outlays for direct spending relative to the most recent levels 
        calculated pursuant to section 257 of the Balanced Budget and 
        Emergency Deficit Control Act of 1985.
            ``(9) Limited tax benefit.--(A) The term `limited tax 
        benefit' means--
                    ``(i) any revenue-losing provision which provides a 
                Federal tax deduction, credit, exclusion, or preference 
                to 100 or fewer beneficiaries under the Internal 
                Revenue Code of 1986 in any fiscal year for which the 
                provision is in effect; and
                    ``(ii) any Federal tax provision which provides 
                temporary or permanent transitional relief for 10 or 
                fewer beneficiaries in any fiscal year from a change to 
                the Internal Revenue Code of 1986.
            ``(B) A provision shall not be treated as described in 
        subparagraph (A)(i) if the effect of that provision is that--
                    ``(i) all persons in the same industry or engaged 
                in the same type of activity receive the same 
                treatment;
                    ``(ii) all persons owning the same type of 
                property, or issuing the same type of investment, 
                receive the same treatment; or
                    ``(iii) any difference in the treatment of persons 
                is based solely on--
                            ``(I) in the case of businesses and 
                        associations, the size or form of the business 
                        or association involved;
                            ``(II) in the case of individuals, general 
                        demographic conditions, such as income, marital 
                        status, number of dependents, or tax return 
                        filing status;
                            ``(III) the amount involved; or
                            ``(IV) a generally-available election under 
                        the Internal Revenue Code of 1986.
            ``(C) A provision shall not be treated as described in 
        subparagraph (A)(ii) if--
                    ``(i) it provides for the retention of prior law 
                with respect to all binding contracts or other legally 
                enforceable obligations in existence on a date 
                contemporaneous with congressional action specifying 
                such date; or
                    ``(ii) it is a technical correction to previously 
                enacted legislation that is estimated to have no 
                revenue effect.
            ``(D) For purposes of subparagraph (A)--
                    ``(i) all businesses and associations which are 
                related within the meaning of sections 707(b) and 
                1563(a) of the Internal Revenue Code of 1986 shall be 
                treated as a single beneficiary;
                    ``(ii) all qualified plans of an employer shall be 
                treated as a single beneficiary;
                    ``(iii) all holders of the same bond issue shall be 
                treated as a single beneficiary; and
                    ``(iv) if a corporation, partnership, association, 
                trust or estate is the beneficiary of a provision, the 
                shareholders of the corporation, the partners of the 
                partnership, the members of the association, or the 
                beneficiaries of the trust or estate shall not also be 
                treated as beneficiaries of such provision.
            ``(E) For purposes of this paragraph, the term `revenue-
        losing provision' means any provision which results in a 
        reduction in Federal tax revenues for any one of the two 
        following periods--
                    ``(i) the first fiscal year for which the provision 
                is effective; or
                    ``(ii) the period of the 5 fiscal years beginning 
                with the first fiscal year for which the provision is 
                effective.
            ``(F) The terms used in this paragraph shall have the same 
        meaning as those terms have generally in the Internal Revenue 
        Code of 1986, unless otherwise expressly provided.
            ``(10) OMB.--The term `OMB' means the Director of the 
        Office of Management and Budget.

                ``identification of limited tax benefits

    ``Sec. 1027. (a) Statement by Joint Tax Committee.--The Joint 
Committee on Taxation shall review any revenue or reconciliation bill 
or joint resolution which includes any amendment to the Internal 
Revenue Code of 1986 that is being prepared for filing by a committee 
of conference of the two Houses, and shall identify whether such bill 
or joint resolution contains any limited tax benefits. The Joint 
Committee on Taxation shall provide to the committee of conference a 
statement identifying any such limited tax benefits or declaring that 
the bill or joint resolution does not contain any limited tax benefits. 
Any such statement shall be made available to any Member of Congress by 
the Joint Committee on Taxation immediately upon request.
    ``(b) Statement Included in Legislation.--(1) Notwithstanding any 
other rule of the House of Representatives or any rule or precedent of 
the Senate, any revenue or reconciliation bill or joint resolution 
which includes any amendment to the Internal Revenue Code of 1986 
reported by a committee of conference of the two Houses may include, as 
a separate section of such bill or joint resolution, the information 
contained in the statement of the Joint Committee on Taxation, but only 
in the manner set forth in paragraph (2).
    ``(2) The separate section permitted under paragraph (1) shall read 
as follows: `Section 1021(a)(3) of the Congressional Budget and 
Impoundment Control Act of 1974 shall ________ apply to ____________.', 
with the blank spaces being filled in with --
            ``(A) in any case in which the Joint Committee on Taxation 
        identifies limited tax benefits in the statement required under 
        subsection (a), the word `only' in the first blank space and a 
        list of all of the specific provisions of the bill or joint 
        resolution identified by the Joint Committee on Taxation in 
        such statement in the second blank space; or
            ``(B) in any case in which the Joint Committee on Taxation 
        declares that there are no limited tax benefits in the 
        statement required under subsection (a), the word `not' in the 
        first blank space and the phrase `any provision of this Act' in 
        the second blank space.
    ``(c) President's Authority.--If any revenue or reconciliation bill 
or joint resolution is signed into law pursuant to Article I, section 
7, of the Constitution of the United States--
            ``(1) with a separate section described in subsection 
        (b)(2), then the President may use the authority granted in 
        section 1021(a)(3) only to cancel any limited tax benefit in 
        that law, if any, identified in such separate section; or
            ``(2) without a separate section described in subsection 
        (b)(2), then the President may use the authority granted in 
        section 1021(a)(3) to cancel any limited tax benefit in that 
        law that meets the definition in section 1026.
    ``(d) Congressional Identifications of Limited Tax Benefits.--There 
shall be no judicial review of the congressional identification under 
subsections (a) and (b) of a limited tax benefit in a conference 
report.''.

SEC. 203. JUDICIAL REVIEW.

    (a) Expedited Review.--
            (1) Any Member of Congress or any individual adversely 
        affected by part C of title X of the Congressional Budget and 
        Impoundment Control Act of 1974 may bring an action, in the 
        United States District Court for the District of Columbia, for 
        declaratory judgment and injunctive relief on the ground that 
        any provision of this part violates the Constitution.
            (2) A copy of any complaint in an action brought under 
        paragraph (1) shall be promptly delivered to the Secretary of 
        the Senate and the Clerk of the House of Representatives, and 
        each House of Congress shall have the right to intervene in 
        such action.
            (3) Nothing in this section or in any other law shall 
        infringe upon the right of the House of Representatives to 
        intervene in an action brought under paragraph (1) without the 
        necessity of adopting a resolution to authorize such 
        intervention.
    (b) Appeal to Supreme Court.--Notwithstanding any other provision 
of law, any order of the United States District Court for the District 
of Columbia which is issued pursuant to an action brought under 
paragraph (1) of subsection (a) shall be reviewable by appeal directly 
to the Supreme Court of the United States. Any such appeal shall be 
taken by a notice of appeal filed within 10 calendar days after such 
order is entered; and the jurisdictional statement shall be filed 
within 30 calendar days after such order is entered. No stay of an 
order issued pursuant to an action brought under paragraph (1) of 
subsection (a) shall be issued by a single Justice of the Supreme 
Court.
    (c) Expedited Consideration.--It shall be the duty of the District 
Court for the District of Columbia and the Supreme Court of the United 
States to advance on the docket and to expedite to the greatest 
possible extent the disposition of any matter brought under subsection 
(a).

SEC. 204. CONFORMING AMENDMENTS.

    (a) Short Titles.--Section 1(a) of the Congressional Budget and 
Impoundment Control Act of 1974 is amended by--
            (1) striking ``and'' before ``title X'' and inserting a 
        period;
            (2) inserting ``Parts A and B of'' before ``title X''; and
            (3) inserting at the end the following new sentence: ``Part 
        C of title X may be cited as the `Line Item Veto Act of 
        1996'.''.
    (b) Table of Contents.--The table of contents set forth in section 
1(b) of the Congressional Budget and Impoundment Control Act of 1974 is 
amended by adding at the end the following:

                        ``Part C--Line Item Veto

``Sec. 1021. Line item veto authority.
``Sec. 1022. Special messages.
``Sec. 1023. Cancellation effective unless disapproved.
``Sec. 1024. Deficit reduction.
``Sec. 1025. Expedited congressional consideration of disapproval 
                            bills.
``Sec. 1026. Definitions.
``Sec. 1027. Identification of limited tax benefits.''.
    (c) Exercise of Rulemaking Powers.--Section 904(a) of the 
Congressional Budget Act of 1974 is amended by striking ``and 1017'' 
and inserting ``, 1017, 1025, and 1027''.

SEC. 205. EFFECTIVE DATES.

    This Act and the amendments made by it shall take effect and apply 
to measures enacted on the earlier of--
            (1) the day after the enactment into law, pursuant to 
        Article I, section 7, of the Constitution of the United States, 
        of an Act entitled ``An Act to provide for a seven-year plan 
        for deficit reduction and achieve a balanced Federal budget.''; 
        or
            (2) January 1, 1997;
and shall have no force or effect on or after January 1, 2005.

             TITLE III--SMALL BUSINESS REGULATORY FAIRNESS

SEC. 301. SHORT TITLE.

    This title may be cited as the ``Small Business Growth and Fairness 
Act of 1996''.

            Subtitle A--Regulatory Compliance Simplification

 SEC. 311. DEFINITIONS.

    For purposes of this subtitle and subtitle B--
            (1) the terms ``rule'' and ``small entity'' have the same 
        meanings as in section 601 of title 5, United States Code;
            (2) the term ``agency'' has the same meaning as in section 
        551 of title 5, United States Code; and
            (3) the term ``small entity compliance guide'' means a 
        document designated as such by an agency.

 SEC. 312. COMPLIANCE GUIDES.

    (a) Compliance Guide.--For each rule or group of related rules for 
which an agency is required to prepare a final regulatory flexibility 
analysis under section 604 of title 5, United States Code, the agency 
shall publish one or more guides to assist small entities in complying 
with the rule, and shall designate such publications as ``small entity 
compliance guides''. The guides shall explain the actions a small 
entity is required to take to comply with a rule or group of rules. The 
agency shall, in its sole discretion, taking into account the subject 
matter of the rule and the language of relevant statutes, ensure that 
the guide is written using sufficiently plain language likely to be 
understood by affected small entities. Agencies may prepare separate 
guides covering groups or classes of similarly affected small entities, 
and may cooperate with associations of small entities to develop and 
distribute such guides.
    (b) Comprehensive Source of Information.--Agencies shall cooperate 
to make available to small entities through comprehensive sources of 
information, the small entity compliance guides and all other available 
information on statutory and regulatory requirements affecting small 
entities.
    (c) Limitation on Judicial Review.--An agency's small entity 
compliance guide shall not be subject to judicial review, except that 
in any civil or administrative action against a small entity for a 
violation occurring after the effective date of this section, the 
content of the small entity compliance guide may be considered as 
evidence of the reasonableness or appropriateness of any proposed 
fines, penalties or damages.

 SEC. 313. INFORMAL SMALL ENTITY GUIDANCE.

    (a) General.--Whenever appropriate in the interest of administering 
statutes and regulations within the jurisdiction of an agency, it shall 
be the practice of the agency to answer inquiries by small entities 
concerning information on and advice about compliance with such 
statutes and regulations, interpreting and applying the law to specific 
sets of facts supplied by the small entity. In any civil or 
administrative action against a small entity, guidance given by an 
agency applying the law to facts provided by the small entity may be 
considered as evidence of the reasonableness or appropriateness of any 
proposed fines, penalties or damages sought against such small entity.
    (b) Program.--Each agency regulating the activities of small 
entities shall establish a program for responding to such inquiries no 
later than 1 year after enactment of this section, utilizing existing 
functions and personnel of the agency to the extent practicable.

 SEC. 314. SERVICES OF SMALL BUSINESS DEVELOPMENT CENTERS.

    Section 21(c)(3) of the Small Business Act (15 U.S.C. 648(c)(3)) is 
amended--
            (1) in subparagraph (O), by striking ``and'' at the end;
            (2) in subparagraph (P), by striking the period at the end 
        and inserting a semicolon; and
            (3) by inserting after subparagraph (P) the following new 
        subparagraphs:
                    ``(Q) providing assistance to small business 
                concerns regarding regulatory requirements; and
                    ``(R) developing informational publications, 
                establishing resource centers of reference materials, 
                and distributing compliance guides published under 
                section 312(a) of the Small Business Growth and 
                Fairness Act of 1996.''.

 SEC. 315. COOPERATION ON GUIDANCE.

    Agencies may, to the extent resources are available and where 
appropriate, in cooperation with the states, develop guides that fully 
integrate requirements of both Federal and state regulations where 
regulations within an agency's area of interest at the Federal and 
state levels impact small businesses. Where regulations vary among the 
states, separate guides may be created for separate states in 
cooperation with State agencies.

               Subtitle B--Regulatory Enforcement Reforms

 SEC. 321. SMALL BUSINESS AND AGRICULTURE ENFORCEMENT OMBUDSMAN.

    The Small Business Act (15 U.S.C. 631 et seq.) is amended--
            (1) by redesignating section 30 as section 31; and
            (2) by inserting after section 29 the following new 
        section:

``SEC. 30. OVERSIGHT OF REGULATORY ENFORCEMENT.

    ``(a) Definitions.--For purposes of this section, the term--
            ``(1) ``Board'' means a Regional Small Business Regulatory 
        Fairness Board established under subsection (c); and
            ``(2) ``Ombudsman'' means the Small Business and 
        Agriculture Regulatory Enforcement Ombudsman designated under 
        subsection (b).
    ``(b) SBA Enforcement Ombudsman.--
            ``(1) Not later than 180 days after the date of enactment 
        of this section, the Administration shall designate a Small 
        Business and Agriculture Regulatory Enforcement Ombudsman 
        utilizing personnel of the Small Business Administration to the 
        extent practicable. Other agencies shall assist the Ombudsman 
        and take actions as necessary to ensure compliance with the 
        requirements of this section. Nothing in this section is 
        intended to replace or diminish the activities of any Ombudsman 
        or similar office in any other agency.
            ``(2) The Ombudsman shall--
                    ``(A) work with each agency with regulatory 
                authority over small businesses to ensure that small 
                business concerns that receive or are subject to an 
                audit, on-site inspection, compliance assistance 
                effort, or other enforcement related communication or 
                contact by agency personnel are provided with a means 
                to comment on the enforcement activity conducted by 
                such personnel;
                    ``(B) establish means to receive comments from 
                small business concerns regarding actions by agency 
                employees conducting compliance or enforcement 
                activities with respect to the small business concern, 
                means to refer comments to the Inspector General of the 
                affected agency in the appropriate circumstances, and 
                otherwise seek to maintain the identity of the person 
                and small business concern making such comments on a 
                confidential basis to the same extent as employee 
                identities are protected under section 7 of the 
                Inspector General Act of 1978 (5 U.S.C.App.);
                    ``(C) based on substantiated comments received from 
                small business concerns and the Boards, annually report 
                to Congress and affected agencies evaluating the 
                enforcement activities of agency personnel including a 
                rating of the responsiveness to small business of the 
                various regional and program offices of each agency;
                    ``(D) coordinate and report annually on the 
                activities, findings and recommendations of the Boards 
                to the Administration and to the heads of affected 
                agencies; and
                    ``(E) provide the affected agency with an 
                opportunity to comment on draft reports prepared under 
                subparagraph (C) and include a section of the final 
                report in which the affected agency may make such 
                comments as are not addressed by the Ombudsman in 
                revisions to the draft.
    ``(c) Regional Small Business Regulatory Fairness Boards.--
            ``(1) Not later than 180 days after the date of enactment 
        of this section, the Administration shall establish a Small 
        Business Regulatory Fairness Board in each regional office of 
        the Small Business Administration.
            ``(2) Each Board established under paragraph (1) shall--
                    ``(A) meet at least annually to advise the 
                Ombudsman on matters of concern to small businesses 
                relating to the enforcement activities of agencies;
                    ``(B) report to the Ombudsman on substantiated 
                instances of excessive enforcement actions of agencies 
                against small business concerns including any findings 
                or recommendations of the Board as to agency 
                enforcement policy or practice; and
                    ``(C) prior to publication, provide comment on the 
                annual report of the Ombudsman prepared under 
                subsection (b).
            ``(3) Each Board shall consist of five members appointed by 
        the Administration, who are owners, operators, or officers of 
        small business concerns, after receiving the recommendations of 
        the chair and ranking minority member of the Committees on 
        Small Business of the House of Representatives and the Senate. 
        Not more than three of the Board members shall be of the same 
        political party. No member shall be an officer or employee of 
        the Federal Government, in either the executive branch or the 
        Congress.
            ``(4) Members of the Board shall serve for terms of three 
        years or less.
            ``(5) The Administration shall select a chair from among 
        the members of the Board who shall serve for not more than 2 
        years as chair.
            ``(6) A majority of the members of the Board shall 
        constitute a quorum for the conduct of business, but a lesser 
        number may hold hearings.
    ``(d) Powers of the Boards.
            ``(1) The Board may hold such hearings and collect such 
        information as appropriate for carrying out this section.
            ``(2) The Board may use the United States mails in the same 
        manner and under the same conditions as other departments and 
        agencies of the Federal Government.
            ``(3) The Board may accept donations of services necessary 
        to conduct its business, provided that the donations and their 
        sources are disclosed by the Board.
            ``(4) Members of the Board shall serve without 
        compensation, provided that, members of the Board shall be 
        allowed travel expenses, including per diem in lieu of 
        subsistence, at rates authorized for employees of agencies 
        under subchapter I of chapter 57 of title 5, United States 
        Code, while away from their homes or regular places of business 
        in the performance of services for the Board.''.

 SEC. 322. RIGHTS OF SMALL ENTITIES IN ENFORCEMENT ACTIONS.

    (a) In General.--Each agency regulating the activities of small 
entities shall establish a policy or program within 1 year of enactment 
of this section to provide for the reduction, and under appropriate 
circumstances for the waiver, of civil penalties for violations of a 
statutory or regulatory requirement by a small entity. Under 
appropriate circumstances, an agency may consider ability to pay in 
determining penalty assessments on small entities.
    (b) Conditions and Exclusions.--Subject to the requirements or 
limitations of other statutes, policies or programs established under 
this section shall contain conditions or exclusions which may include, 
but shall not be limited to--
            (1) requiring the small entity to correct the violation 
        within a reasonable correction period;
            (2) limiting the applicability to violations discovered by 
        the small entity through participation in a compliance 
        assistance or audit program operated or supported by the agency 
        or a state;
            (3) excluding small entities that have been subject to 
        multiple enforcement actions by the agency;
            (4) excluding violations involving willful or criminal 
        conduct;
            (5) excluding violations that pose serious health, safety 
        or environmental threats; and
            (6) requiring a good faith effort to comply with the law.
    (c) Reporting.--Agencies shall report to Congress no later than 2 
years from the effective date on the scope of their program or policy, 
the number of enforcement actions against small entities that qualified 
or failed to qualify for the program or policy, and the total amount of 
penalty reductions and waivers.

            Subtitle C--Strengthening Regulatory Flexibility

SEC. 331. JUDICIAL REVIEW.

    (a) Amendment.--Section 611 of title 5, United States Code, is 
amended to read as follows:
``Sec. 611. Judicial review
    ``(a)(1) Not later than one year, notwithstanding any other 
provision of law, after the effective date of a final rule with respect 
to which an agency--
            ``(A) certified, pursuant to section 605(b), that such rule 
        would not have a significant economic impact on a substantial 
        number of small entities; or
            ``(B) prepared a final regulatory flexibility analysis 
        pursuant to section 604,
an affected small entity may petition for the judicial review of such 
certification or analysis in accordance with the terms of this 
subsection. A court having jurisdiction to review such rule for 
compliance with the provisions of section 553 or under any other 
provision of law shall have jurisdiction to review such certification 
or analysis. In the case where an agency delays the issuance of a final 
regulatory flexibility analysis pursuant to section 608(b), a petition 
for judicial review under this subsection shall be filed not later than 
one year, notwithstanding any other provision of law, after the date 
the analysis is made available to the public.
    ``(2) For purposes of this subsection, the term `affected small 
entity' means a small entity that is or will be adversely affected by 
the final rule.
    ``(3) Nothing in this subsection shall be construed to affect the 
authority of any court to stay the effective date of any rule or 
provision thereof under any other provision of law.
    ``(4)(A) In the case where the agency certified that such rule 
would not have a significant economic impact on a substantial number of 
small entities, the court may order the agency to prepare a final 
regulatory flexibility analysis pursuant to section 604 if the court 
determines, on the basis of the rulemaking record, that the 
certification was arbitrary, capricious, an abuse of discretion, or 
otherwise not in accordance with law.
    ``(B) In the case where the agency prepared a final regulatory 
flexibility analysis, the court may order the agency to take corrective 
action consistent with the requirements of section 604 if the court 
determines, on the basis of the rulemaking record, that the final 
regulatory flexibility analysis was prepared by the agency without 
observance of procedure required by section 604.
    ``(5) If, by the end of the 90-day period beginning on the date of 
the order of the court pursuant to paragraph (4) (or such longer period 
as the court may provide), the agency fails, as appropriate--
            ``(A) to prepare the analysis required by section 604; or
            ``(B) to take corrective action consistent with the 
        requirements of section 604,
the court may stay the rule or grant such other relief as it deems 
appropriate.
    ``(6) In making any determination or granting any relief authorized 
by this subsection, the court shall take due account of the rule of 
prejudicial error.
    ``(b) In an action for the judicial review of a rule, any 
regulatory flexibility analysis for such rule (including an analysis 
prepared or corrected pursuant to subsection (a)(4)) shall constitute 
part of the whole record of agency action in connection with such 
review.
    ``(c) Nothing in this section bars judicial review of any other 
impact statement or similar analysis required by any other law if 
judicial review of such statement or analysis is otherwise provided by 
law.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply only to final agency rules issued after the date of enactment of 
this Act.

SEC. 332. RULES COMMENTED ON BY SBA CHIEF COUNSEL FOR ADVOCACY.

    (a) In General.--Section 612 of title 5, United States Code, is 
amended by adding at the end the following new subsection:
    ``(d) Action by the SBA Chief Counsel for Advocacy.--
            ``(1) Transmittal of proposed rules and initial regulatory 
        flexibility analysis to sba chief counsel for advocacy.--On or 
        before the 30th day preceding the date of publication by an 
        agency of general notice of proposed rulemaking for a rule, the 
        agency shall transmit to the Chief Counsel for Advocacy of the 
        Small Business Administration--
                    ``(A) a copy of the proposed rule; and
                    ``(B)(i) a copy of the initial regulatory 
                flexibility analysis for the rule if required under 
                section 603; or
                    ``(ii) a determination by the agency that an 
                initial regulatory flexibility analysis is not required 
                for the proposed rule under section 603 and an 
                explanation for the determination.
            ``(2) Statement of effect.--On or before the 15th day 
        following receipt of a proposed rule and initial regulatory 
        flexibility analysis from an agency under paragraph (1), the 
        Chief Counsel for Advocacy may transmit to the agency a written 
        statement of the effect of the proposed rule on small entities.
            ``(3) Response.--If the Chief Counsel for Advocacy 
        transmits to an agency a statement of effect on a proposed rule 
        in accordance with paragraph (2), the agency shall publish the 
        statement, together with the response of the agency to the 
        statement, in the Federal Register at the time of publication 
        of general notice of proposed rulemaking for the rule.
            ``(4) Special rule.--Any proposed rules issued by an 
        appropriate Federal banking agency (as that term is defined in 
        section 3(q) of the Federal Deposit Insurance Act (12 U.S.C. 
        1813(q)), the National Credit Union Administration, or the 
        Office of Federal Housing Enterprise Oversight, in connection 
        with the implementation of monetary policy or to ensure the 
        safety and soundness of federally insured depository 
        institutions, any affiliate of such an institution, credit 
        unions, or government sponsored housing enterprises or to 
        protect the Federal deposit insurance funds shall not be 
        subject to the requirements of this subsection.''.
    (b) Conforming Amendment.--Section 603(a) of title 5, United States 
Code, is amended by inserting ``in accordance with section 612(d)'' 
before the period at the end of the last sentence.

SEC. 333. SENSE OF CONGRESS REGARDING SBA CHIEF COUNSEL FOR ADVOCACY.

    It is the sense of Congress that the Chief Counsel for Advocacy of 
the Small Business Administration should be permitted to appear as 
amicus curiae in any action or case brought in a court of the United 
States for the purpose of reviewing a rule.

                    Subtitle D--Congressional Review

SEC. 341. CONGRESSIONAL REVIEW OF AGENCY RULEMAKING.

    Title 5, United States Code, is amended by inserting immediately 
after chapter 7 the following new chapter:

         ``CHAPTER 8--CONGRESSIONAL REVIEW OF AGENCY RULEMAKING

``Sec.
``801. Congressional review.
``802. Congressional disapproval procedure.
``803. Special rule on statutory, regulatory, and judicial deadlines.
``804. Definitions.
``805. Judicial review.
``806. Applicability; severability.
``807. Exemption for monetary policy.
``808. Effective date of certain rules.
``Sec. 801. Congressional review
    ``(a)(1)(A) Before a rule can take effect as a final rule, the 
Federal agency promulgating such rule shall submit to each House of the 
Congress and to the Comptroller General a report containing--
            ``(i) a copy of the rule;
            ``(ii) a concise general statement relating to the rule, 
        including whether it is a major rule; and
            ``(iii) the proposed effective date of the rule.
    ``(B) The Federal agency promulgating the rule shall make available 
to the Comptroller General, and, upon request, to each House of 
Congress--
            ``(i) a complete copy of the cost-benefit analysis of the 
        rule, if any;
            ``(ii) the agency's actions relevant to sections 603, 604, 
        605, 607, and 609;
            ``(iii) the agency's actions relevant to sections 202, 203, 
        204, and 205 of the Unfunded Mandates Reform Act of 1995; and
            ``(iv) any other relevant information or requirements under 
        any other Act and any relevant Executive orders.
    ``(C) Upon receipt, each House shall provide copies to the Chairman 
and Ranking Member of each standing committee with jurisdiction under 
the rules of the House of Representatives or the Senate to report a 
bill to amend the provision of law under which the rule is issued.
    ``(2)(A) The Comptroller General shall provide a report on each 
major rule to the committees of jurisdiction in each House of the 
Congress by the end of 15 calendar days after the submission or 
publication date as provided in section 802(b)(2). The report of the 
Comptroller General shall include an assessment of the agency's 
compliance with procedural steps required by paragraph (1)(B).
    ``(B) Federal agencies shall cooperate with the Comptroller General 
by providing information relevant to the Comptroller General's report 
under subparagraph (A).
    ``(3) A major rule relating to a report submitted under paragraph 
(1) shall take effect as a final rule, the latest of--
            ``(A) the later of the date occurring 60 days (excluding 
        days either House of Congress is adjourned for more than 3 days 
        during a session of Congress) after the date on which--
                    ``(i) the Congress receives the report submitted 
                under paragraph (1); or
                    ``(ii) the rule is published in the Federal 
                Register;
            ``(B) if the Congress passes a joint resolution of 
        disapproval described under section 802 relating to the rule, 
        and the President signs a veto of such resolution, the earlier 
        date--
                    ``(i) on which either House of Congress votes and 
                fails to override the veto of the President; or
                    ``(ii) occurring 30 session days after the date on 
                which the Congress received the veto and objections of 
                the President; or
            ``(C) the date the rule would have otherwise taken effect, 
        if not for this section (unless a joint resolution of 
        disapproval under section 802 is enacted).
    ``(4) Except for a major rule, a rule shall take effect as 
otherwise provided by law after submission to Congress under paragraph 
(1).
    ``(5) Notwithstanding paragraph (3), the effective date of a rule 
shall not be delayed by operation of this chapter beyond the date on 
which either House of Congress votes to reject a joint resolution of 
disapproval under section 802.
    ``(b)(1) A rule or proposed rule shall not take effect (or 
continue) as a final rule, if the Congress enacts a joint resolution of 
disapproval described under section 802.
    ``(2) A rule or proposed rule that does not take effect (or does 
not continue) under paragraph (1) may not be reissued in substantially 
the same form, and a new rule that is substantially the same as such a 
rule or proposed rule may not be issued, unless the reissued or new 
rule is specifically authorized by a law enacted after the date of the 
joint resolution disapproving the original rule.
    ``(c)(1) Notwithstanding any other provision of this section 
(except subject to paragraph (3)), a rule that would not take effect by 
reason of this chapter may take effect, if the President makes a 
determination under paragraph (2) and submits written notice of such 
determination to the Congress.
    ``(2) Paragraph (1) applies to a determination made by the 
President by Executive order that the rule should take effect because 
such rule is--
            ``(A) necessary because of an imminent threat to health or 
        safety or other emergency;
            ``(B) necessary for the enforcement of criminal laws;
            ``(C) necessary for national security; or
            ``(D) issued pursuant to a statute implementing an 
        international trade agreement.
    ``(3) An exercise by the President of the authority under this 
subsection shall have no effect on the procedures under section 802 or 
the effect of a joint resolution of disapproval under this section.
    ``(d)(1) In addition to the opportunity for review otherwise 
provided under this chapter, in the case of any rule that is published 
in the Federal Register (as a rule that shall take effect as a final 
rule) during the period beginning on the date occurring 60 days before 
the date the Congress adjourns a session of Congress through the date 
on which the same or succeeding Congress first convenes its next 
session, section 802 shall apply to such rule in the succeeding session 
of Congress.
    ``(2)(A) In applying section 802 for purposes of such additional 
review, a rule described under paragraph (1) shall be treated as 
though--
            ``(i) such rule were published in the Federal Register (as 
        a rule that shall take effect as a final rule) on the 15th 
        session day after the succeeding Congress first convenes; and
            ``(ii) a report on such rule were submitted to Congress 
        under subsection (a)(1) on such date.
    ``(B) Nothing in this paragraph shall be construed to affect the 
requirement under subsection (a)(1) that a report shall be submitted to 
Congress before a final rule can take effect.
    ``(3) A rule described under paragraph (1) shall take effect as a 
final rule as otherwise provided by law (including other subsections of 
this section).
    ``(e)(1) Section 802 shall apply in accordance with its terms to 
any major rule that was published in the Federal Register (as a rule 
that shall take effect as a final rule) in the period beginning on 
November 20, 1994, through the date of enactment of this title.
    ``(2) In applying section 802 for purposes of Congressional review, 
a rule described under paragraph (1) shall be treated as though--
            ``(A) such rule were published in the Federal Register (as 
        a rule that shall take effect as a final rule) on the date of 
        enactment of this title; and
            ``(B) a report on such rule were submitted to Congress 
        under subsection (a)(1) on such date.
    ``(3) The effectiveness of a rule described under paragraph (1) 
shall be as otherwise provided by law, unless the rule is made of no 
force or effect under section 802.
    ``(4) The Comptroller General shall not be required to report on a 
rule described in paragraph (1) unless so requested by a committee of 
jurisdiction of either House of Congress.
    ``(f) Any rule that takes effect and later is made of no force or 
effect by enactment of a joint resolution under section 802 shall be 
treated as though such rule had never taken effect.
    ``(g) If the Congress does not enact a joint resolution of 
disapproval under section 802, no court or agency may infer any intent 
of the Congress from any action or inaction of the Congress with regard 
to such rule, related statute, or joint resolution of disapproval.
``Sec. 802. Congressional disapproval procedure
    ``(a) Joint Resolution Defined.--For purposes of this section, the 
term `joint resolution' means only--
            ``(1) a joint resolution introduced in the period beginning 
        on the date on which the report referred to in section 801(a) 
        is received by Congress and ending 60 days thereafter 
        (excluding days either House of Congress is adjourned for more 
        than 3 days during a session of Congress), the matter after the 
        resolving clause of which is as follows: `That Congress 
        disapproves the rule submitted by the ____ relating to ____, 
        and such rule shall have no force or effect.' (The blank spaces 
        being appropriately filled in); or
            ``(2) a joint resolution the matter after the resolving 
        clause of which is as follows: `That the Congress disapproves 
        the proposed rule published by the ________ relating to ______, 
        and such proposed rule shall not be issued or take effect as a 
        final rule.' (the blank spaces being appropriately filled in)
    ``(b)(1) A joint resolution described in subsection (a) shall be 
referred to the committees in each House of Congress with jurisdiction.
    ``(2) For purposes of this section, the term `submission or 
publication date' means--
            ``(A) in the case of a joint resolution described in 
        subsection (a)(1) the later of the date on which--
                    ``(i) the Congress receives the report submitted 
                under section 801(a)(1); or
                    ``(ii) the rule is published in the Federal 
                Register; or
            ``(B) in the case of a joint resolution described in 
        subsection (a)(2), the date of introduction of the joint 
        resolution.
    ``(c) In the Senate, if the committee to which is referred a joint 
resolution described in subsection (a) has not reported such joint 
resolution (or an identical joint resolution) at the end of 20 calendar 
days after the submission or publication date defined under subsection 
(b)(2), such committee may be discharged from further consideration of 
such joint resolution upon a petition supported in writing by 30 
Members of the Senate, and such joint resolution shall be placed on the 
appropriate calendar.
    ``(d)(1) In the Senate, when the committee to which a joint 
resolution is referred has reported, or when a committee is discharged 
(under subsection (c)) from further consideration of, a joint 
resolution described in subsection (a), it is at any time thereafter in 
order (even though a previous motion to the same effect has been 
disagreed to) for a motion to proceed to the consideration of the joint 
resolution, and all points of order against the joint resolution (and 
against consideration of the joint resolution) are waived. The motion 
is not subject to amendment, or to a motion to postpone, or to a motion 
to proceed to the consideration of other business. A motion to 
reconsider the vote by which the motion is agreed to or disagreed to 
shall not be in order. If a motion to proceed to the consideration of 
the joint resolution is agreed to, the joint resolution shall remain 
the unfinished business of the Senate until disposed of.
    ``(2) In the Senate, debate on the joint resolution, and on all 
debatable motions and appeals in connection therewith, shall be limited 
to not more than 10 hours, which shall be divided equally between those 
favoring and those opposing the joint resolution. A motion further to 
limit debate is in order and not debatable. An amendment to, or a 
motion to postpone, or a motion to proceed to the consideration of 
other business, or a motion to recommit the joint resolution is not in 
order.
    ``(3) In the Senate, immediately following the conclusion of the 
debate on a joint resolution described in subsection (a), and a single 
quorum call at the conclusion of the debate if requested in accordance 
with the rules of the Senate, the vote on final passage of the joint 
resolution shall occur.
    ``(4) Appeals from the decisions of the Chair relating to the 
application of the rules of the Senate to the procedure relating to a 
joint resolution described in subsection (a) shall be decided without 
debate.
    ``(e) If, before the passage by one House of a joint resolution of 
that House described in subsection (a), that House receives from the 
other House a joint resolution described in subsection (a), then the 
following procedures shall apply:
            ``(1) The joint resolution of the other House shall not be 
        referred to a committee.
            ``(2) With respect to a joint resolution described in 
        subsection (a) of the House receiving the joint resolution--
                    ``(A) the procedure in that House shall be the same 
                as if no joint resolution had been received from the 
                other House; but
                    ``(B) the vote on final passage shall be on the 
                joint resolution of the other House.
    ``(f) This section is enacted by Congress--
            ``(1) as an exercise of the rulemaking power of the Senate 
        and House of Representatives, respectively, and as such it is 
        deemed a part of the rules of each House, respectively, but 
        applicable only with respect to the procedure to be followed in 
        that House in the case of a joint resolution described in 
        subsection (a), and it supersedes other rules only to the 
        extent that it is inconsistent with such rules; and
            ``(2) with full recognition of the constitutional right of 
        either House to change the rules (so far as relating to the 
        procedure of that House) at any time, in the same manner, and 
        to the same extent as in the case of any other rule of that 
        House.
``Sec. 803. Special rule on statutory, regulatory, and judicial 
              deadlines
    ``(a) In the case of any deadline for, relating to, or involving 
any rule which does not take effect (or the effectiveness of which is 
terminated) because of enactment of a joint resolution under section 
802, that deadline is extended until the date 1 year after the date of 
the joint resolution. Nothing in this subsection shall be construed to 
affect a deadline merely by reason of the postponement of a rule's 
effective date under section 801(a).
    ``(b) The term `deadline' means any date certain for fulfilling any 
obligation or exercising any authority established by or under any 
Federal statute or regulation, or by or under any court order 
implementing any Federal statute or regulation.
``Sec. 804. Definitions
    ``(a) For purposes of this chapter--
            ``(1) The term `Federal agency' means any agency as that 
        term is defined in section 551(1) (relating to administrative 
        procedure).
            ``(2) The term ``major rule'' means any rule subject to 
        section 553(c) that has resulted in or is likely to result in--
                    ``(A) an annual effect on the economy of 
                $100,000,000 or more;
                    ``(B) a major increase in costs or prices for 
                consumers, individual industries, Federal, State, or 
                local government agencies, or geographic regions; or
                    ``(C) significant adverse effects on competition, 
                employment, investment, productivity, innovation, or on 
                the ability of United States-based enterprises to 
                compete with foreign-based enterprises in domestic and 
                export markets.
        The term does not include any rule promulgated under the 
        Telecommunications Act of 1996 and the amendments made by that 
        Act.
            ``(3) The term `final rule' means any final rule or interim 
        final rule.
    ``(b) As used in subsection (a)(3), the term `rule' has the meaning 
given such term in section 551, except that such term does not include 
any rule of particular applicability including a rule that approves or 
prescribes for the future rates, wages, prices, services, or allowances 
therefor, corporate or financial structures, reorganizations, mergers, 
or acquisitions thereof, or accounting practices or disclosures bearing 
on any of the foregoing or any rule of agency organization, personnel, 
procedure, practice or any routine matter.
``Sec. 805. Judicial review
    ``No determination, finding, action, or omission under this chapter 
shall be subject to judicial review.
``Sec. 806. Applicability; severability
    ``(a) This chapter shall apply notwithstanding any other provision 
of law.
    ``(b) If any provision of this chapter or the application of any 
provision of this chapter to any person or circumstance, is held 
invalid, the application of such provision to other persons or 
circumstances, and the remainder of this chapter, shall not be affected 
thereby.
``Sec. 807. Exemption for monetary policy
    ``Nothing in this chapter shall apply to rules that concern 
monetary policy proposed or implemented by the Board of Governors of 
the Federal Reserve System or the Federal Open Market Committee.
``Sec. 808. Effective date of certain rules
    ``Notwithstanding section 801, any rule that establishes, modifies, 
opens, closes, or conducts a regulatory program for a commercial, 
recreational, or subsistence activity related to hunting, fishing, or 
camping may take effect at such time as the Federal agency promulgating 
the rule determines.''.

SEC. 342. EFFECTIVE DATE.

    The amendment made by section 341 shall take effect on the date of 
enactment of this Act.

SEC. 343. TECHNICAL AMENDMENT.

    The table of chapters for part I of title 5, United States Code, is 
amended by inserting immediately after the item relating to chapter 7 
the following:

``8. Congressional Review of Agency Rulemaking.............      801''.

                      TITLE IV--PUBLIC DEBT LIMIT

SEC. 401. INCREASE IN PUBLIC DEBT LIMIT.

    Subsection (b) of section 3101 of title 31, United States Code, is 
amended by striking the dollar limitation contained in such subsection 
and inserting ``$5,500,000,000,000''.
                                 <all>