[Congressional Record Volume 142, Number 44 (Wednesday, March 27, 1996)]
[Senate]
[Pages S3026-S3029]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




               THE LEGISLATIVE LINE-ITEM VETO ACT OF 1996

                                 ______


                        BYRD AMENDMENT NO. 3665

  Mr. BYRD proposed an amendment to the motion to recommit the 
conference report on the bill (S. 4) to grant the power of the 
President to reduce budget authority; as follows:

       In lieu of the instructions insert the following: ``with 
     instructions to the managers on the part of the Senate to 
     disagree to the conference substitute recommended by the 
     committee of conference and insist on inserting the text of 
     S. 14 as introduced in the Senate on January 4, 1995 (with 
     certain exceptions) which is as follows:

     SECTION 1. SHORT TITLE.

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

     SEC. 2. EXPEDITED CONSIDERATION OF CERTAIN PROPOSED 
                   RESCISSIONS AND REPEALS OF TAX EXPENDITURES AND 
                   DIRECT SPENDING.

       (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 rescissions and repeals 
                of tax expenditures and direct spending

       ``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.
       ``(b) Transmittal of Special Message.--
       ``(1)(A) Subject to the time limitations provided in 
     subparagraph (B), the President may transmit to Congress a 
     special message proposing to cancel budget items and include 
     with that special message a draft bill that, if enacted, 
     would only cancel those budget items as provided in this 
     section. The 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. The bill shall specify the amount, if any, of each 
     budget item that the President designates for deficit 
     reduction as provided in paragraph (4).
       ``(B) 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.
       ``(2) In the case of an Act that includes budget items 
     within the jurisdiction of more than one committee of a 
     House, the President in proposing to cancel such budget item 
     under this section shall send a separate special message and 
     accompanying draft bill for each such committee.
       ``(3) 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)(A) Not later than 5 days after the date of enactment 
     of a bill containing an amount designated by the President 
     for deficit reduction under paragraph (1), the President 
     shall--
       ``(i) with respect to a rescission bill, reduce the 
     discretionary spending limits under section 601 of the 
     Congressional Budget Act of 1974 for the budget year and each 
     outyear to reflect such amount; and
       ``(ii) with respect to a repeal of a tax expenditure or 
     direct spending, 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) Not later than 5 days after the date of enactment of 
     a bill containing an amount designated by the President for 
     deficit reduction under paragraph (1), 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 602(a) to 
     reflect such amount.
       ``(c) Procedures for Expedited Consideration.--
       ``(1)(A) 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) 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) 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 Clerk of the Senate or the House of 
     Representatives, as the case may be, shall cause the bill to 
     be engrossed, certified, and transmitted to the other House 
     within one calendar day of the day on which the bill is 
     passed.
       ``(2)(A) 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.

[[Page S3027]]

       ``(B) 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.
       ``(C) 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 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) 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 rescission bill introduced pursuant to the 
     provisions of this section under a suspension of the rules or 
     under a special rule.
       ``(3)(A) 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.
       ``(B) It shall not be in order to move to reconsider the 
     vote by which the motion is agreed to or disagreed to.
       ``(C) Debate in the Senate on a bill under this subsection, 
     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) 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) A motion in the Senate to further limit debate on a 
     bill under this subsection is not debatable. A motion to 
     recommit a bill under this subsection is not in order.
       ``(F) If the Senate proceeds to consider a bill introduced 
     in the House of Representatives under paragraph (1)(A), then 
     any Senator may offer as an amendment the text of the 
     companion bill introduced in the Senate under paragraph 
     (1)(A) as amended if amended (under subparagraph (A)). Debate 
     in the Senate on such bill introduced in the House of 
     Representatives, and all debatable motions and appeals in 
     connection therewith (including debate pursuant to 
     subparagraph (D)), and any amendment offered under this 
     subparagraph, shall not exceed 10 hours minus such times (if 
     any) as Senators consumed or yielded back during 
     consideration of the companion bill introduced in the Senate 
     under paragraph (1)(A).
       ``(4) Debate in the House of Representatives or the Senate 
     on the conference report 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.
       ``(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 Rescind.--At the 
     same time as the President transmits to Congress a special 
     message proposing to rescind budget authority, the President 
     may direct that any budget authority proposed to be rescinded 
     in that special message shall not be made available for 
     obligation for a period not to exceed 45 calendar days from 
     the date the President transmits the special message to 
     Congress.
       ``(f) Definitions.--For purposes of this section--
       ``(1) the term `appropriation Act' means any general or 
     special appropriation Act, and any Act or joint resolution 
     making supplemental, deficiency, or continuing 
     appropriations;
       ``(2) the term `direct spending' shall have the same 
     meaning given such term in section 250(c)(8) of the Balanced 
     Budget and Emergency Deficit Control Act of 1985;
       ``(3) the term `budget item' means--
       ``(A) an amount, in whole or in part, of budget authority 
     provided in an appropriation Act;
       ``(B) an amount of direct spending; or
       ``(C) a targeted tax benefit;
       ``(4) the term `cancellation of a budget item' means--
       ``(A) the rescission of any budget authority provided in an 
     appropriation Act;
       ``(B) the repeal of any amount of direct spending; or
       ``(C) the repeal of any targeted tax benefit; and
       ``(5) 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 rescissions 
              and repeals of tax expenditures and direct spending.''.

       (d) Effective Period.--The amendments made by this Act 
     shall--
       (1) take effect on the date that is 1 day after 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.''.
                                 ______


                        BYRD AMENDMENT NO. 3666

  Mr. BYRD proposed an amendment to amendment No. 3665 proposed by him 
to the motion to recommit the conference report on the bill S. 4, 
supra; as follows:

       Strike all after the first word in the substitute amendment 
     and insert the following: ``instructions to the managers on 
     the part of the Senate to disagree to the conference 
     substitute recommended by the committee of conference and 
     insist on inserting the text of S. 14 as introduced in the 
     Senate on January 4, 1995 (with certain exceptions) which is 
     as follows:

     SECTION 1. SHORT TITLE.

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

     SEC. 2. EXPEDITED CONSIDERATION OF CERTAIN PROPOSED 
                   RESCISSIONS AND REPEALS OF TAX EXPENDITURES AND 
                   DIRECT SPENDING.

       (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 rescissions and repeals 
                of tax expenditures and direct spending

       ``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.
       ``(b) Transmittal of Special Message.--
       ``(1)(A) Subject to the time limitations provided in 
     subparagraph (B), the President may transmit to Congress a 
     special message proposing to cancel budget items and include 
     with that special message a draft bill that, if enacted, 
     would only cancel those budget items as provided in this 
     section. The 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. The bill shall specify the amount, if any, of each 
     budget item that the President designates for deficit 
     reduction as provided in paragraph (4).
       ``(B) 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.
       ``(2) In the case of an Act that includes budget items 
     within the jurisdiction of more than one committee of a 
     House, the President in proposing to cancel such budget item 
     under this section shall send a separate special message and 
     accompanying draft bill for each such committee.
       ``(3) 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;

[[Page S3028]]

       ``(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)(A) Not later than 5 days after the date of enactment 
     of a bill containing an amount designated by the President 
     for deficit reduction under paragraph (1), the President 
     shall--
       ``(i) with respect to a rescission bill, reduce the 
     discretionary spending limits under section 601 of the 
     Congressional Budget Act of 1974 for the budget year and each 
     outyear to reflect such amount; and
       ``(ii) with respect to a repeal of a tax expenditure or 
     direct spending, 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) Not later than 5 days after the date of enactment of 
     a bill containing an amount designated by the President for 
     deficit reduction under paragraph (1), 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 602(a) to 
     reflect such amount.
       ``(c) Procedures for Expedited Consideration.--
       ``(1)(A) 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) 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) 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 Clerk of the Senate or the House of 
     Representatives, as the case may be, shall cause the bill to 
     be engrossed, certified, and transmitted to the other House 
     within one calendar day of the day on which the bill is 
     passed.
       ``(2)(A) 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.
       ``(B) 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.
       ``(C) 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 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) 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 rescission bill introduced pursuant to the 
     provisions of this section under a suspension of the rules or 
     under a special rule.
       ``(3)(A) 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.
       ``(B) It shall not be in order to move to reconsider the 
     vote by which the motion is agreed to or disagreed to.
       ``(C) Debate in the Senate on a bill under this subsection, 
     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) 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) A motion in the Senate to further limit debate on a 
     bill under this subsection is not debatable. A motion to 
     recommit a bill under this subsection is not in order.
       ``(F) If the Senate proceeds to consider a bill introduced 
     in the House of Representatives under paragraph (1)(A), then 
     any Senator may offer as an amendment the text of the 
     companion bill introduced in the Senate under paragraph 
     (1)(A) as amended if amended (under subparagraph (A)). Debate 
     in the Senate on such bill introduced in the House of 
     Representatives, and all debatable motions and appeals in 
     connection therewith (including debate pursuant to 
     subparagraph (D)), and any amendment offered under this 
     subparagraph, shall not exceed 10 hours minus such times (if 
     any) as Senators consumed or yielded back during 
     consideration of the companion bill introduced in the Senate 
     under paragraph (1)(A).
       ``(4) Debate in the House of Representatives or the Senate 
     on the conference report 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.
       ``(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 Rescind.--At the 
     same time as the President transmits to Congress a special 
     message proposing to rescind budget authority, the President 
     may direct that any budget authority proposed to be rescinded 
     in that special message shall not be made available for 
     obligation for a period not to exceed 45 calendar days from 
     the date the President transmits the special message to 
     Congress.
       ``(f) Definitions.--For purposes of this section--
       ``(1) the term `appropriation Act' means any general or 
     special appropriation Act, and any Act or joint resolution 
     making supplemental, deficiency, or continuing 
     appropriations;
       ``(2) the term `direct spending' shall have the same 
     meaning given such term in section 250(c)(8) of the Balanced 
     Budget and Emergency Deficit Control Act of 1985;
       ``(3) the term `budget item' means--
       ``(A) an amount, in whole or in part, of budget authority 
     provided in an appropriation Act;
       ``(B) an amount of direct spending; or
       ``(C) a targeted tax benefit;
       ``(4) the term `cancellation of a budget item' means--
       ``(A) the rescission of any budget authority provided in an 
     appropriation Act;
       ``(B) the repeal of any amount of direct spending; or
       ``(C) the repeal of any targeted tax benefit; and
       ``(5) 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 rescissions 
              and repeals of tax expenditures and direct spending.''.

       (d) Effective Period.--The amendments made by this Act 
     shall--
       (1) take effect on the date that is 2 days after 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

[[Page S3029]]

       (3) cease to be effective on September 30, 2002.''.

                          ____________________