[Congressional Record Volume 141, Number 101 (Tuesday, June 20, 1995)]
[Senate]
[Pages S8717-S8718]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




     LEGISLATIVE LINE-ITEM VETO ACT OF 1995--MESSAGE FROM THE HOUSE

  Mr. DOLE. Mr. President, I ask that the Chair lay before the Senate a 
message from the House of Representatives on (S. 4) a bill to grant the 
power to the President to reduce budget authority.
  The PRESIDING OFFICER laid before the Senate the following message 
from the House of Representatives:

       Resolved, That the bill from the Senate (S. 4) 
     entitled ``An Act to grant the power to the President to 
     reduce budget authority'', do pass with the following 
     amendments:
       Strike out all after the enacting clause, and insert:
     SECTION 1. SHORT TITLE.

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

     SEC. 2. LINE ITEM VETO AUTHORITY.

       (a) In General.--Notwithstanding the provisions of part B 
     of title X of the Congressional Budget and Impoundment 
     Control Act of 1974, and subject to the provisions of this 
     section, the President may rescind all or part of any dollar 
     amount of any discretionary budget authority specified in an 
     appropriation Act or conference report or joint explanatory 
     statement accompanying a conference report on the Act, or 
     veto any targeted tax benefit which is subject to the terms 
     of this Act if the President--
       (1) determines that--
       (A) such rescission or veto would help reduce the Federal 
     budget deficit;
       (B) such rescission or veto will not impair any essential 
     Government functions; and
       (C) such rescission or veto will not harm the national 
     interest; and
       (2) notifies the Congress of such rescission or veto by a 
     special message not later than ten calendar days (not 
     including Sundays) after the date of enactment of an 
     appropriation Act providing such budget authority or a 
     revenue or reconciliation Act containing a targeted tax 
     benefit.
       (b) Deficit Reduction.--In each special message, the 
     President may also propose to reduce the appropriate 
     discretionary spending limit set forth in section 601(a)(2) 
     of the Congressional Budget Act of 1974 by an amount that 
     does not exceed the total amount of discretionary budget 
     authority rescinded by that message.
       (c) Separate Messages.--The President shall submit a 
     separate special message for each appropriation Act and for 
     each revenue or reconciliation Act under this section.
       (d) Limitation.--No special message submitted by the 
     President under this section may change any prohibition or 
     limitation of discretionary budget authority set forth in any 
     appropriation Act.
       (e) Special Rule for Fiscal Year 1995 Appropriation 
     Measures.--Notwithstanding subsection (a)(2), in the case of 
     any unobligated discretionary budget authority provided by 
     any appropriation Act for fiscal year 1995, the President may 
     rescind all or part of that discretionary budget authority 
     under the terms of this Act if the President notifies the 
     Congress of such rescission by a special message not later 
     than ten calendar days (not including Sundays) after the date 
     of enactment of this Act.

     SEC. 3. LINE ITEM VETO EFFECTIVE UNLESS DISAPPROVED.

       (a)(1) Any amount of budget authority rescinded under this 
     Act as set forth in a special message by the President shall 
     be deemed canceled unless, during the period described in 
     subsection (b), a rescission/receipts disapproval bill making 
     available all of the amount rescinded is enacted into law.
       (2) Any provision of law vetoed under this Act as set forth 
     in a special message by the President shall be deemed 
     repealed unless, during the period described in subsection 
     (b), a rescission/receipts disapproval bill restoring that 
     provision is enacted into law.
       (b) The period referred to in subsection (a) is--
       (1) a congressional review period of twenty calendar days 
     of session, beginning on the first calendar day of session 
     after the date of submission of the special message, during 
     which Congress must complete action on the rescission/
     receipts disapproval bill and present such bill to the 
     President for approval or disapproval;
       (2) after the period provided in paragraph (1), an 
     additional ten days (not including Sundays) during which the 
     President may exercise his authority to sign or veto the 
     rescission/receipts disapproval bill; and
       (3) if the President vetoes the rescission/receipts 
     disapproval bill during the period provided in paragraph (2), 
     an additional five calendar days of session after the date of 
     the veto.
       (c) If a special message is transmitted by the President 
     under this Act and the last session of the Congress adjourns 
     sine die before the expiration of the period described in 
     subsection (b), the rescission or veto, as the case may be, 
     shall not take effect. The message shall be deemed to have 
     been retransmitted on the first Monday in February of the 
     succeeding Congress and the review period referred to in 
     subsection (b) (with respect to such message) shall run 
     beginning after such first day.

     SEC. 4. DEFINITIONS.

       As used in this Act:
       (1) The term ``rescission/receipts disapproval bill'' means 
     a bill or joint resolution which only disapproves, in whole, 
     rescissions of discretionary budget authority or only 
     disapproves vetoes of targeted tax benefits in a special 
     message transmitted by the President under this Act and--
       (A) which does not have a preamble;
       (B)(i) in the case of a special message regarding 
     rescissions, the matter after the enacting clause of which is 
     as follows: ``That Congress disapproves each rescission of 
     discretionary budget authority of the President as submitted 
     by the President in a special message on ________'', the 
     blank space being filled in with the appropriate date and the 
     public law to which the message relates; and
       (ii) in the case of a special message regarding vetoes of 
     targeted tax benefits, the matter after the enacting clause 
     of which is as follows: ``That Congress disapproves each veto 
     of targeted tax benefits of the President as submitted by the 
     President in a special message on ________'', the blank space 
     being filled in with the appropriate date and the public law 
     to which the message relates; and
       (C) the title of which is as follows: ``A bill disapproving 
     the recommendations submitted by the President on ________'', 
     the blank space being filled in with the date of submission 
     of the relevant special message and the public law to which 
     the message relates.
       (2) The term ``calendar days of session'' shall mean only 
     those days on which both Houses of Congress are in session.
       (3) The term ``targeted tax benefit'' means any provision 
     of a revenue or reconciliation Act determined by the 
     President to provide a Federal tax deduction, credit, 
     exclusion, preference, or other concession to 100 or fewer 
     beneficiaries. Any partnership, limited partnership, trust, 
     or S corporation, and any subsidiary or affiliate of the same 
     parent corporation, shall be deemed and counted as a single 
     beneficiary regardless of the number of partners, limited 
     partners, beneficiaries, shareholders, or affiliated 
     corporate entities.
       (4) The term ``appropriation Act'' means any general or 
     special appropriation Act, and any Act or joint resolution 
     making supplemental, deficiency, or continuing 
     appropriations.
     SEC. 5. CONGRESSIONAL CONSIDERATION OF LINE ITEM VETOES.

       (a) Presidential Special Message.--Whenever the President 
     rescinds any budget authority as provided in this Act or 
     vetoes any provision of law as provided in this Act, the 
     President shall transmit to both Houses of Congress a special 
     message specifying--
       (1) the amount of budget authority rescinded or the 
     provision vetoed;
       (2) any account, department, or establishment of the 
     Government to which such budget authority is available for 
     obligation, and the specific project or governmental 
     functions involved;
       (3) the reasons and justifications for the determination to 
     rescind budget authority or veto any provision pursuant to 
     this Act;
       (4) to the maximum extent practicable, the estimated 
     fiscal, economic, and budgetary effect of the rescission or 
     veto; and
       (5) all actions, circumstances, and considerations relating 
     to or bearing upon the rescission or veto and the decision to 
     effect the rescission or veto, and to the maximum extent 
     practicable, the estimated effect of the rescission upon the 
     objects, purposes, and programs for which the budget 
     authority is provided.
       (b) Transmission of Messages to House and Senate.--
       (1) Each special message transmitted under this Act shall 
     be transmitted to the House of Representatives and the Senate 
     on the same day, and shall be delivered to the Clerk of the 
     House of Representatives if the House is not in session, and 
     to the Secretary of the Senate if the Senate is not in 
     session. Each special message so transmitted shall be 
     referred to the appropriate committees of the House of 
     Representatives and the Senate. Each such message shall be 
     printed as a document of each House.
       (2) Any special message transmitted under this Act shall be 
     printed in the first issue of the Federal Register published 
     after such transmittal.
       (c) Introduction of Rescission/Receipts Disapproval 
     Bills.--The procedures set forth in subsection (d) shall 
     apply to any rescission/receipts disapproval bill introduced 
     in the House of Representatives not later than the third 
     calendar day of session beginning on the day after the date 
     of submission of a special message by the President under 
     section 2. [[Page S 8718]] 
       (d) Consideration in the House of Representatives.--(1) The 
     committee of the House of Representatives to which a 
     rescission/receipts disapproval bill is referred shall report 
     it without amendment, and with or without recommendation, not 
     later than the eighth calendar day of session after the date 
     of its introduction. If the 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. A motion to discharge may be made only by an 
     individual favoring the bill (but only after the legislative 
     day on which a Member announces to the House the Member's 
     intention to do so). 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 rescission/receipts disapproval bill is 
     reported or the 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. All points of order 
     against the bill and against consideration of the bill are 
     waived. The motion is highly privileged. The previous 
     question shall be considered as ordered on that 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. 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 without intervening motion, shall be 
     confined to the bill, and shall not exceed two hours 
     equally divided and controlled by a proponent and an 
     opponent of the bill. No amendment to the bill is in 
     order, except any Member may move to strike the 
     disapproval of any rescission or rescissions of budget 
     authority or any proposed repeal of a targeted tax 
     benefit, as applicable, if supported by 49 other Members. 
     At the conclusion of the consideration of the bill for 
     amendment, the Committee shall rise and report the bill to 
     the House. 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 the decisions of the Chair relating to the 
     application of the rules of the House of Representatives to 
     the procedure relating to a bill described in subsection (a) 
     shall be decided without debate.
       (4) It shall not be in order to consider more than one bill 
     described in subsection (c) or more than one motion to 
     discharge described in paragraph (1) with respect to a 
     particular special message.
       (5) Consideration of any rescission/receipts disapproval 
     bill under this subsection is governed by the rules of the 
     House of Representatives except to the extent specifically 
     provided by the provisions of this Act.
       (e) Consideration in the Senate.--
       (1) Any rescission/receipts disapproval bill received in 
     the Senate from the House shall be considered in the Senate 
     pursuant to the provisions of this Act.
       (2) Debate in the Senate on any rescission/receipts 
     disapproval bill and debatable motions and appeals in 
     connection therewith, shall be limited to not more than ten 
     hours. The time shall be equally divided between, and 
     controlled by, the majority leader and the minority leader or 
     their designees.
       (3) Debate in the Senate on any debatable motions or appeal 
     in connection with such bill shall be limited to one hour, to 
     be equally divided between, and controlled by the mover and 
     the manager of the bill, except that in the event the manager 
     of the bill is in favor of any such motion or appeal, the 
     time in opposition thereto shall be controlled by the 
     minority leader or his designee. Such leaders, or either of 
     them, may, from the time under their control on the passage 
     of the bill, allot additional time to any Senator during the 
     consideration of any debatable motion or appeal.
       (4) A motion to further limit debate is not debatable. A 
     motion to recommit (except a motion to recommit with 
     instructions to report back within a specified number of days 
     not to exceed one, not counting any day on which the Senate 
     is not in session) is not in order.
       (f) Points of Order.--
       (1) It shall not be in order in the Senate to consider any 
     rescission/receipts disapproval bill that relates to any 
     matter other than the rescission of budget authority or veto 
     of the provision of law transmitted by the President under 
     this Act.
       (2) It shall not be in order in the Senate to consider any 
     amendment to a rescission/receipts disapproval bill.
       (3) Paragraphs (1) and (2) may be waived or suspended in 
     the Senate only by a vote of three-fifths of the members duly 
     chosen and sworn.

     SEC. 6. REPORTS OF THE GENERAL ACCOUNTING OFFICE.

       Beginning on January 6, 1996, and at one-year intervals 
     thereafter, the Comptroller General shall submit a report to 
     each House of Congress which provides the following 
     information:
       (1) A list of each proposed Presidential rescission of 
     discretionary budget authority and veto of a targeted tax 
     benefit submitted through special messages for the fiscal 
     year ending during the preceding calendar year, together with 
     their dollar value, and an indication of whether each 
     rescission of discretionary budget authority or veto of a 
     targeted tax benefit was accepted or rejected by Congress.
       (2) The total number of proposed Presidential rescissions 
     of discretionary budget authority and vetoes of a targeted 
     tax benefit submitted through special messages for the fiscal 
     year ending during the preceding calendar year, together with 
     their total dollar value.
       (3) The total number of Presidential rescissions of 
     discretionary budget authority or vetoes of a targeted tax 
     benefit submitted through special messages for the fiscal 
     year ending during the preceding calendar year and approved 
     by Congress, together with their total dollar value.
       (4) A list of rescissions of discretionary budget authority 
     initiated by Congress for the fiscal year ending during the 
     preceding calendar year, together
      with their dollar value, and an indication of whether each 
     such rescission was accepted or rejected by Congress.
       (5) The total number of rescissions of discretionary budget 
     authority initiated and accepted by Congress for the fiscal 
     year ending during the preceding calendar year, together with 
     their total dollar value.
       (6) A summary of the information provided by paragraphs 
     (2), (3) and (5) for each of the ten fiscal years ending 
     before the fiscal year during this calendar year.
     SEC. 7. JUDICIAL REVIEW.

       (a) Expedited Review.--
       (1) Any Member of Congress 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 Act 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) Any action brought under paragraph (1) shall be heard 
     and determined by a three-judge court in accordance with 
     section 2284 of title 28, United States Code.

     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 days after such order is 
     entered; and the jurisdictional statement shall be filed 
     within 30 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).
       Amend the title so as to read: ``An Act to give the 
     President item veto authority over appropriation Acts and 
     targeted tax benefits in revenue Acts.''.

  Mr. DOLE. I move that the Senate disagree to the House amendments, 
request a conference on the disagreeing votes of the two Houses, and 
that the Chair be authorized to appoint conferees.
  The motion was agreed to, and the Presiding Officer appointed Mr. 
Roth, Mr. Stevens, Mr. Thompson, Mr. Cochran, Mr. McCain, Mr. Glenn, 
Mr. Levin, Mr. Pryor, Mr. Sarbanes, Mr. Domenici, Mr. Grassley, Mr. 
Nickles, Mr. Gramm of Texas, Mr. Coats, Mr. Exon, Mr. Hollings, Mr. 
Johnston, and Mr. Dodd.
  Mr. DOLE. Mr. President, let me indicate that the Senator from 
Kentucky, Senator Ford, will want to make a statement on that 
particular item after I obtain consent.


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