[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 2220 Referral Instructions Senate (RIS)]







105th CONGRESS
  2d Session
                                S. 2220

To provide the President with expedited Congressional consideration of 
     line item vetoes of appropriations and targeted tax benefits.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 25, 1998

  Mr. Johnson introduced the following bill; which was read twice and 
   referred jointly pursuant to the order of August 4, 1977, to the 
 Committees on the Budget and Governmental Affairs, with instructions 
that if one committee reports, the other committee have thirty days to 
                        report or be discharged

_______________________________________________________________________

                                 A BILL


 
To provide the President with expedited Congressional consideration of 
     line item vetoes of appropriations and targeted tax benefits.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Legislative Line Item Rescission 
Act''.

SEC. 2. EXPEDITED CONSIDERATION OF CERTAIN PROPOSED CANCELLATIONS OF 
              BUDGET ITEMS.

    (a) In General.--Title X of the Congressional Budget and 
Impoundment Control Act of 1974 (2 U.S.C. 621 et seq.) is amended by 
adding after section 1012 the following new section:

 ``expedited consideration of certain proposed cancellations of budget 
                                 items

    ``Sec. 1012A. (a) Proposed Cancellation of Budget Item.--The 
President may propose, at the time and in the manner provided in 
subsection (b), the cancellation of any budget item provided in any 
Act. An item proposed for cancellation under this section may not be 
proposed for cancellation again under this title.
    ``(b) Transmittal of Special Message.--
            ``(1) Special message.--
                    ``(A) In general.--Subject to the time limitations 
                provided in subparagraph (B), the President may 
                transmit to Congress a special message proposing to 
                cancel budget items contained in an Act. A separate 
                special message shall be transmitted for each Act that 
                contains budget items the President proposes to cancel.
                    ``(B) Time limitations.--A special message may be 
                transmitted under this section--
                            ``(i) during the 20-calendar-day period 
                        (excluding Saturdays, Sundays, and legal 
                        holidays) commencing on the day after the date 
                        of enactment of the provision proposed to be 
                        rescinded or repealed; or
                            ``(ii) at the same time as the President's 
                        budget for any provision enacted after the date 
                        the President submitted the preceding budget.
            ``(2) Draft bill.--The President shall include in each 
        special message transmitted under paragraph (1) a draft bill 
        that, if enacted, would cancel those budget items as provided 
        in this section. The draft bill shall clearly identify each 
        budget item that is proposed to be canceled including, where 
        applicable, each program, project, or activity to which the 
        budget item relates.
            ``(3) Contents of special message.--Each special message 
        shall specify, with respect to the budget item proposed to be 
        canceled--
                    ``(A) the amount that the President proposes be 
                canceled;
                    ``(B) any account, department, or establishment of 
                the Government to which such budget item is available 
                for obligation, and the specific project or 
                governmental functions involved;
                    ``(C) the reasons why the budget item should be 
                canceled;
                    ``(D) to the maximum extent practicable, the 
                estimated fiscal, economic, and budgetary effect 
                (including the effect on outlays and receipts in each 
                fiscal year) of the proposed cancellation; and
                    ``(E) all facts, circumstances, and considerations 
                relating to or bearing upon the proposed cancellation 
                and the decision to effect the proposed cancellation, 
                and to the maximum extent practicable, the estimated 
                effect of the proposed cancellation upon the objects, 
                purposes, and programs for which the budget item is 
                provided.
            ``(4) Deficit reduction.--
                    ``(A) Discretionary spending limits and adjustment 
                of committee allocations.--Not later than 5 days after 
                the date of enactment of a bill containing the 
                cancellation of budget items as provided under this 
                section, the President shall--
                            ``(i) with respect to a rescission of 
                        budget authority provided in an appropriations 
                        Act, reduce the discretionary spending limits 
                        under section 251(c) of the Balanced Budget and 
                        Emergency Deficit Control Act of 1985 for the 
                        budget year and any outyear affected by the 
rescission, to reflect such amount; and
                            ``(ii) with respect to a repeal of a 
                        targeted tax benefit, adjust the balances for 
                        the budget year and each outyear under section 
                        252(b) of the Balanced Budget and Emergency 
                        Deficit Control Act of 1985 to reflect such 
                        amount.
                    ``(B) Adjustment of committee allocations.--Not 
                later than 5 days after the date of enactment of a bill 
                containing the cancellation of budget items as provided 
                under this section, the chairs of the Committees on the 
                Budget of the Senate and the House of Representatives 
                shall revise levels under section 311(a) and adjust the 
                committee allocations under section 302(a) to reflect 
                such amount.
    ``(c) Procedures for Expedited Consideration.--
            ``(1) In general.--
                    ``(A) Introduction.--Before the close of the second 
                day of session of the Senate and the House of 
                Representatives, respectively, after the date of 
                receipt of a special message transmitted to Congress 
                under subsection (b), the Majority Leader or Minority 
                Leader of each House shall introduce (by request) the 
                draft bill accompanying that special message. If the 
                bill is not introduced as provided in the preceding 
                sentence in either House, then, on the third day of 
                session of that House after the date of receipt of that 
                special message, any Member of that House may introduce 
                the bill.
                    ``(B) Referral and reporting.--The bill shall be 
                referred to the appropriate committee or (in the House 
                of Representatives) committees. The committee shall 
                report the bill without substantive revision and with 
                or without recommendation. The committee shall report 
                the bill not later than the seventh day of session of 
                that House after the date of receipt of that special 
                message. If the committee fails to report the bill 
                within that period, the committee shall be 
                automatically discharged from consideration of the 
                bill, and the bill shall be placed on the appropriate 
                calendar.
                    ``(C) Final passage.--A vote on final passage of 
                the bill shall be taken in the Senate and the House of 
                Representatives on or before the close of the 10th day 
                of session of that House after the date of the 
                introduction of the bill in that House. If the bill is 
                passed, the Secretary of the Senate or the Clerk of the 
                House of Representatives, as the case may be, shall 
                cause the bill to be engrossed, certified, and 
                transmitted to the other House within 1 calendar day of 
                the day on which the bill is passed.
            ``(2) Consideration in the house of representatives.--
                    ``(A) Motion to proceed to consideration.--A motion 
                in the House of Representatives to proceed to the 
                consideration of a bill under this subsection shall be 
                highly privileged and not debatable. An amendment to 
                the motion shall not be in order, nor shall it be in 
                order to move to reconsider the vote by which the 
                motion is agreed to or disagreed to.
                    ``(B) Motion to strike.--During consideration under 
                this subsection in the House of Representatives, any 
                Member of the House of Representatives may move to 
                strike any proposed cancellation of a budget item if 
                supported by 49 other Members.
                    ``(C) Limits on debate.--Debate in the House of 
                Representatives on a bill under this subsection shall 
                not exceed 4 hours, which shall be divided equally 
                between those favoring and those opposing the bill. A 
                motion further to limit debate shall not be debatable. 
                It shall not be in order to move to recommit a bill 
                under this subsection or to move to reconsider the vote 
                by which the bill is agreed to or disagreed to.
                    ``(D) Appeals.--Appeals from decisions of the Chair 
                relating to the application of the Rules of the House 
                of Representatives to the procedure relating to a bill 
                under this section shall be decided without debate.
                    ``(E) Application of house rules.--Except to the 
                extent specifically provided in this section, 
                consideration of a bill under this section shall be 
                governed by the Rules of the House of Representatives. 
                It shall not be in order in the House of 
                Representatives to consider any bill introduced 
                pursuant to the provisions of this section under a 
                suspension of the rules or under a special rule.
            ``(3) Consideration in the senate.--
                    ``(A) Motion to proceed to consideration.--A motion 
                to proceed to the consideration of a bill under this 
                subsection in the Senate shall be nondebatable. It 
                shall not be in order to move to reconsider the vote by 
                which the motion to proceed is agreed to or disagreed 
                to.
                    ``(B) Motion to strike.--During consideration of a 
                bill under this subsection in the Senate, any Member of 
                the Senate may move to strike any proposed cancellation 
                of a budget item if supported by 11 other Members.
                    ``(C) Limits on debate.--Debate in the Senate on a 
                bill under this subsection, amendments thereto, and all 
                debatable motions and appeals in connection therewith 
                (including debate pursuant to subparagraph (D)), shall 
                not exceed 10 hours. The time shall be equally divided 
                between, and controlled by, the Majority Leader and the 
                Minority Leader or their designees.
                    ``(D) Appeals.--Debate in the Senate on any 
                debatable motion or appeal in connection with a bill 
                under this subsection shall be limited to not more than 
                1 hour, to be equally divided between, and controlled 
                by, the mover and the manager of the bill, except that 
                in the event the manager of the bill is in favor of any 
                such motion or appeal, the time in opposition thereto, 
                shall be controlled by the minority leader or his 
                designee. Such leaders, or either of them, may, from 
                time under their control on the passage of a bill, 
                allot additional time to any Senator during the 
                consideration of any debatable motion or appeal.
                    ``(E) Motion to limit debate.--A motion in the 
                Senate to further limit debate on a bill under this 
                subsection is not debatable.
                    ``(F) Motion to recommit.--A motion to recommit a 
                bill under this subsection is not in order.
                    ``(G) Placed on calendar.--Upon receipt in the 
                Senate of the companion bill for a bill that has been 
                introduced in the Senate, that companion bill shall be 
                placed on the calendar.
                    ``(H) Consideration of house companion bill.--
                            ``(i) In general.--Following the vote on 
                        the Senate bill required under paragraph 
                        (1)(C), when the Senate proceeds to consider 
                        the companion bill received from the House of 
                        Representatives, the Senate shall--
                                    ``(I) if the language of the 
                                companion bill is identical to the 
                                Senate bill, as passed, proceed to the 
                                immediate consideration of the 
                                companion bill and, without intervening 
                                action, vote on the companion bill; or
                                    ``(II) if the language of the 
                                companion bill is not identical to the 
                                Senate bill, as passed, proceed to the 
                                immediate consideration of the 
                                companion bill.
                            ``(ii) Amendments.--During consideration of 
                        the companion bill under clause (i)(II), any 
                        Senator may move to strike all after the 
                        enacting clause and insert in lieu thereof the 
                        text of the Senate bill, as passed. Debate in 
                        the Senate on such companion bill, any 
                        amendment proposed under this subparagraph, and 
                        all debatable motions and appeals in connection 
                        therewith, shall not exceed 10 hours less such 
                        time as the Senate consumed or yielded back 
during consideration of the Senate bill.
            ``(4) Conference.--
                    ``(A) Consideration of conference reports.--Debate 
                in the House of Representatives or the Senate on the 
                conference report and any amendments in disagreement on 
                any bill considered under this section shall be limited 
                to not more than 2 hours, which shall be divided 
                equally between the Majority Leader and the Minority 
                Leader. A motion further to 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.
                    ``(B) Failure of conference to act.--If the 
                committee on conference on a bill considered under this 
                section fails to submit a conference report within 10 
                calendar days after the conferees have been appointed 
                by each House, any Member of either House may introduce 
                a bill containing only the text of the draft bill of 
                the President on the next day of session thereafter and 
                the bill shall be considered as provided in this 
                section except that the bill shall not be subject to 
                any amendment.
    ``(d) Amendments and Divisions Prohibited.--Except as otherwise 
provided by this section, no amendment to a bill considered under this 
section shall be in order in either the Senate or the House of 
Representatives. It shall not be in order to demand a division of the 
question in the House of Representatives (or in a Committee of the 
Whole). No motion to suspend the application of this subsection shall 
be in order in the House of Representatives, nor shall it be in order 
in the House of Representatives to suspend the application of this 
subsection by unanimous consent.
    ``(e) Temporary Presidential Authority To Cancel.--At the same time 
as the President transmits to Congress a special message under 
subsection (b)(1)(B)(i) proposing to cancel budget items, the President 
may direct that any budget item or items proposed to be canceled in 
that special message shall not be made available for obligation or take 
effect for a period not to exceed 45 calendar days from the date the 
President transmits the special message to Congress. The President may 
make any budget item or items canceled pursuant to the preceding 
sentence available at a time earlier than the time specified by the 
President if the President determines that continuation of the 
cancellation would not further the purposes of this Act.
    ``(f) Definitions.--For purposes of this section--
            ``(1) Appropriation act.--The term `appropriation Act' 
        means any general or special appropriation Act, and any Act or 
        joint resolution making supplemental, deficiency, or continuing 
        appropriations.
            ``(2) Budget item.--The term `budget item' means--
                    ``(A) an amount, in whole or in part, of budget 
                authority provided in an appropriation Act except to 
                fund direct spending programs and the administrative 
                expenses of social security; or
                    ``(B) a targeted tax benefit.
            ``(3) Cancellation of a budget item.--The term 
        `cancellation of a budget item' means--
                    ``(A) the rescission of any budget authority 
                provided in an appropriation Act; or
                    ``(B) the repeal of any targeted tax benefit.
            ``(4) Companion bill.--The term `companion bill' means, for 
        any bill introduced in either House pursuant to subsection 
        (c)(1)(A), the bill introduced in the other House as a result 
        of the same special message.
            ``(5) Targeted tax benefit.--The term `targeted tax 
        benefit' means any provision which has the practical effect of 
        providing a benefit in the form of a different treatment to a 
        particular taxpayer or a limited class of taxpayers, whether or 
        not such provision is limited by its terms to a particular 
        taxpayer or a class of taxpayers. Such term does not include 
        any benefit provided to a class of taxpayers distinguished on 
        the basis of general demographic conditions such as income, 
        number of dependents, or marital status.''.
    (b) Exercise of Rulemaking Powers.--Section 904 of the 
Congressional Budget Act of 1974 (2 U.S.C. 621 note) is amended--
            (1) in subsection (a), by striking ``and 1017'' and 
        inserting ``1012A, and 1017''; and
            (2) in subsection (d), by striking ``section 1017'' and 
        inserting ``sections 1012A and 1017''.
    (c) Clerical Amendments.--The table of sections for subpart B of 
title X of the Congressional Budget and Impoundment Control Act of 1974 
is amended by inserting after the item relating to section 1012 the 
following:

``Sec. 1012A. Expedited consideration of certain proposed cancellations 
                            of budget items.''.
    (d) Effective Period.--The amendments made by this Act shall--
            (1) take effect on the date of enactment of this Act;
            (2) apply only to budget items provided in Acts enacted on 
        or after the date of enactment of this Act; and
            (3) cease to be effective on September 30, 2002.

SEC. 3. REPEAL OF THE LINE ITEM VETO ACT.

    The Line Item Veto Act (Public Law 104-130) and the amendments made 
by that Act are repealed.
                                 <all>