II

104TH CONGRESS

1ST SESSION S. 14

To amend the Congressional Budget and Impoundment Control Act of 1974

to provide for the expedited consideration of certain proposed cancellations of budget items.

IN THE SENATE OF THE UNITED STATES

JANUARY 4, 1995

Mr. DOMENICI (for himself, Mr. EXON, Mr. CRAIG, Mr. BRADLEY, Mr.

COHEN, and Mr. DOLE) 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 amend the Congressional Budget and Impoundment Control Act of 1974 to provide for the expedited consideration of certain proposed cancellations of budget items.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Legislative Line Item

5 Veto Act’’.
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1 SEC. 2. EXPEDITED CONSIDERATION OF CERTAIN PRO2 POSED RESCISSIONS AND REPEALS OF TAX

3 EXPENDITURES AND DIRECT SPENDING.

4 (a) IN GENERAL.—Title X of the Congressional

5 Budget and Impoundment Control Act of 1974 (2 U.S.C.

6 621 et seq.) is amended by adding after section 1012 the

7 following new section:

8 ‘‘EXPEDITED CONSIDERATION OF CERTAIN PROPOSED

9 RESCISSIONS AND REPEALS OF TAX EXPENDITURES

10 AND DIRECT SPENDING

11 ‘‘SEC. 1012A. (a) PROPOSED CANCELLATION OF

12 BUDGET ITEM.—The President may propose, at the time

13 and in the manner provided in subsection (b), the cancella14 tion of any budget item provided in any Act.

15 ‘‘(b) TRANSMITTAL OF SPECIAL MESSAGE.—

16 ‘‘(1)(A) Subject to the time limitations provided

17 in subparagraph (B), the President may transmit to

18 Congress a special message proposing to cancel

19 budget items and include with that special message

20 a draft bill that, if enacted, would only cancel those

21 budget items as provided in this section. The bill

22 shall clearly identify each budget item that is pro23 posed to be canceled including, where applicable,

24 each program, project, or activity to which the budg25 et item relates. The bill shall specify the amount, if

26 any, of each budget item that the President des-
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1 ignates for deficit reduction as provided in para2 graph (4).

3 ‘‘(B) A special message may be transmitted

4 under this section—

5 ‘‘(i) during the 20-calendar-day period (ex6 cluding Saturdays, Sundays, and legal holidays)

7 commencing on the day after the date of enact8 ment of the provision proposed to be rescinded

9 or repealed; or

10 ‘‘(ii) at the same time as the President’s

11 budget.

12 ‘‘(2) In the case of an Act that includes budget

13 items within the jurisdiction of more than one com14 mittee of a House, the President in proposing to

15 cancel such budget item under this section shall

16 send a separate special message and accompanying

17 draft bill for each such committee.

18 ‘‘(3) Each special message shall specify, with

19 respect to the budget item proposed to be canceled—

20 ‘‘(A) the amount that the President pro21 poses be canceled;

22 ‘‘(B) any account, department, or estab23 lishment of the Government to which such

24 budget item is available for obligation, and the
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1 specific project or governmental functions in2 volved;

3 ‘‘(C) the reasons why the budget item

4 should be canceled;

5 ‘‘(D) to the maximum extent practicable,

6 the estimated fiscal, economic, and budgetary

7 effect (including the effect on outlays and re8 ceipts in each fiscal year) of the proposed can9 cellation; and

10 ‘‘(E) all facts, circumstances, and consider11 ations relating to or bearing upon the proposed

12 cancellation and the decision to effect the pro13 posed cancellation, and to the maximum extent

14 practicable, the estimated effect of the proposed

15 cancellation upon the objects, purposes, and

16 programs for which the budget item is provided.

17 ‘‘(4)(A) Not later than 5 days after the date of

18 enactment of a bill containing an amount designated

19 by the President for deficit reduction under para20 graph (1), the President shall—

21 ‘‘(i) with respect to a rescission bill, reduce

22 the discretionary spending limits under section

23 601 of the Congressional Budget Act of 1974

24 for the budget year and each outyear to reflect

25 such amount; and
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1 ‘‘(ii) with respect to a repeal of a tax ex2 penditure or direct spending, adjust the bal3 ances for the budget year and each outyear

4 under section 252(b) of the Balanced Budget

5 and Emergency Deficit Control Act of 1985 to

6 reflect such amount.

7 ‘‘(B) Not later than 5 days after the date of en8 actment of a bill containing an amount designated

9 by the President for deficit reduction under para10 graph (1), the chairs of the Committees on the

11 Budget of the Senate and the House of Representa12 tives shall revise levels under section 311(a) and ad13 just the committee allocations under section 602(a)

14 to reflect such amount.

15 ‘‘(c) PROCEDURES FOR EXPEDITED CONSIDER16 ATION.—

17 ‘‘(1)(A) Before the close of the second day of

18 session of the Senate and the House of Representa19 tives, respectively, after the date of receipt of a spe20 cial message transmitted to Congress under sub21 section (b), the majority leader or minority leader of

22 each House shall introduce (by request) the draft

23 bill accompanying that special message. If the bill is

24 not introduced as provided in the preceding sentence

25 in either House, then, on the third day of session of
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1 that House after the date of receipt of that special

2 message, any Member of that House may introduce

3 the bill.

4 ‘‘(B) The bill shall be referred to the appro5 priate committee or (in the House of Representa6 tives) committees. The committee shall report the

7 bill without substantive revision and with or without

8 recommendation. The committee shall report the bill

9 not later than the seventh day of session of that

10 House after the date of receipt of that special mes11 sage. If the committee fails to report the bill within

12 that period, the committee shall be automatically

13 discharged from consideration of the bill, and the

14 bill shall be placed on the appropriate calendar.

15 ‘‘(C) A vote on final passage of the bill shall be

16 taken in the Senate and the House of Representa17 tives on or before the close of the 10th day of ses18 sion of that House after the date of the introduction

19 of the bill in that House. If the bill is passed, the

20 Clerk of the Senate or the House of Representatives,

21 as the case may be, shall cause the bill to be en22 grossed, certified, and transmitted to the other

23 House within one calendar day of the day on which

24 the bill is passed.
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1 ‘‘(2)(A) During consideration under this sub2 section in the House of Representatives, any Mem3 ber of the House of Representatives may move to

4 strike any proposed cancellation of a budget item if

5 supported by 49 other Members.

6 ‘‘(B) A motion in the House of Representatives

7 to proceed to the consideration of a bill under this

8 subsection shall be highly privileged and not debat9 able. An amendment to the motion shall not be in

10 order, nor shall it be in order to move to reconsider

11 the vote by which the motion is agreed to or dis12 agreed to.

13 ‘‘(C) Debate in the House of Representatives on

14 a bill under this subsection shall not exceed 4 hours,

15 which shall be divided equally between those favoring

16 and those opposing the bill. A motion further to

17 limit debate shall not be debatable. It shall not be

18 in order to move to recommit a bill under this sub19 section or to move to reconsider the vote by which

20 the bill is agreed to or disagreed to.

21 ‘‘(D) Appeals from decisions of the Chair relat22 ing to the application of the Rules of the House of

23 Representatives to the procedure relating to a bill

24 under this section shall be decided without debate.
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1 ‘‘(E) Except to the extent specifically provided

2 in this section, consideration of a bill under this sec3 tion shall be governed by the Rules of the House of

4 Representatives. It shall not be in order in the

5 House of Representatives to consider any rescission

6 bill introduced pursuant to the provisions of this sec7 tion under a suspension of the rules or under a spe8 cial rule.

9 ‘‘(3)(A) During consideration of a bill under

10 this subsection in the Senate, any Member of the

11 Senate may move to strike any proposed cancellation

12 of a budget item if supported by 11 other Members.

13 ‘‘(B) It shall not be in order to move to recon14 sider the vote by which the motion is agreed to or

15 disagreed to.

16 ‘‘(C) Debate in the Senate on a bill under this

17 subsection, and all debatable motions and appeals in

18 connection therewith (including debate pursuant to

19 subparagraph (D)), shall not exceed 10 hours. The

20 time shall be equally divided between, and controlled

21 by, the majority leader and the minority leader or

22 their designees.

23 ‘‘(D) Debate in the Senate on any debatable

24 motion or appeal in connection with a bill under this

25 subsection shall be limited to not more than 1 hour,
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1 to be equally divided between, and controlled by, the

2 mover and the manager of the bill, except that in

3 the event the manager of the bill is in favor of any

4 such motion or appeal, the time in opposition there5 to, shall be controlled by the minority leader or his

6 designee. Such leaders, or either of them, may, from

7 time under their control on the passage of a bill,

8 allot additional time to any Senator during the con9 sideration of any debatable motion or appeal.

10 ‘‘(E) A motion in the Senate to further limit

11 debate on a bill under this subsection is not debat12 able. A motion to recommit a bill under this sub13 section is not in order.

14 ‘‘(F) If the Senate proceeds to consider a bill

15 introduced in the House of Representatives under

16 paragraph (1)(A), then any Senator may offer as an

17 amendment the text of the companion bill introduced

18 in the Senate under paragraph (1)(A) as amended

19 if amended (under subparagraph (A)). Debate in the

20 Senate on such bill introduced in the House of Rep21 resentatives, and all debatable motions and appeals

22 in connection therewith (including debate pursuant

23 to subparagraph (D)), and any amendment offered

24 under this subparagraph, shall not exceed 10 hours

25 minus such times (if any) as Senators consumed or
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1 yielded back during consideration of the companion

2 bill introduced in the Senate under paragraph

3 (1)(A).

4 ‘‘(4) Debate in the House of Representatives or

5 the Senate on the conference report on any bill con6 sidered under this section shall be limited to not

7 more than 2 hours, which shall be divided equally

8 between the majority leader and the minority leader.

9 A motion further to limit debate is not debatable. A

10 motion to recommit the conference report is not in

11 order, and it is not in order to move to reconsider

12 the vote by which the conference report is agreed to

13 or disagreed to.

14 ‘‘(d) AMENDMENTS AND DIVISIONS PROHIBITED.—

15 Except as otherwise provided by this section, no amend16 ment to a bill considered under this section shall be in

17 order in either the Senate or the House of Representa18 tives. It shall not be in order to demand a division of the

19 question in the House of Representatives (or in a Commit20 tee of the Whole). No motion to suspend the application

21 of this subsection shall be in order in the House of Rep22 resentatives, nor shall it be in order in the House of Rep23 resentatives to suspend the application of this subsection

24 by unanimous consent.
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1 ‘‘(e) REQUIREMENT TO MAKE AVAILABLE FOR OBLI2 GATION.—Any budget item proposed to be canceled in a

3 special message transmitted to Congress under subsection

4 (b) shall not be made available for obligation or take effect

5 until the day after the date on which either House rejects

6 the bill transmitted with that special message.

7 ‘‘(f) DEFINITIONS.—For purposes of this section—

8 ‘‘(1) the term ‘appropriation Act’ means any

9 general or special appropriation Act, and any Act or

10 joint resolution making supplemental, deficiency, or

11 continuing appropriations;

12 ‘‘(2) the term ‘direct spending’ shall have the

13 same meaning given such term in section 250(c)(8)

14 of the Balanced Budget and Emergency Deficit Con15 trol Act of 1985;

16 ‘‘(3) the term ‘budget item’ means—

17 ‘‘(A) an amount, in whole or in part, of

18 budget authority provided in an appropriation

19 Act;

20 ‘‘(B) an amount of direct spending; or

21 ‘‘(C) a targeted tax benefit;

22 ‘‘(4) the term ‘cancellation of a budget item’

23 means—

24 ‘‘(A) the rescission of any budget authority

25 provided in an appropriation Act;
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1 ‘‘(B) the repeal of any amount of direct

2 spending; or

3 ‘‘(C) the repeal of any targeted tax benefit;

4 and

5 ‘‘(5) the term ‘targeted tax benefit’ means any

6 provision which has the practical effect of providing

7 a benefit in the form of a different treatment to a

8 particular taxpayer or a limited class of taxpayers,

9 whether or not such provision is limited by its terms

10 to a particular taxpayer or a class of taxpayers.

11 Such term does not include any benefit provided to

12 a class of taxpayers distinguished on the basis of

13 general demographic conditions such as income,

14 number of dependents, or marital status.’’.

15 (b) EXERCISE OF RULEMAKING POWERS.—Section

16 904 of the Congressional Budget Act of 1974 (2 U.S.C.

17 621 note) is amended—

18 (1) in subsection (a), by striking ‘‘and 1017’’

19 and inserting ‘‘1012A, and 1017’’; and

20 (2) in subsection (d), by striking ‘‘section

21 1017’’ and inserting ‘‘sections 1012A and 1017’’.

22 (c) CLERICAL AMENDMENTS.—The table of sections

23 for subpart B of title X of the Congressional Budget and

24 Impoundment Control Act of 1974 is amended by insert25 ing after the item relating to section 1012 the following:
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‘‘Sec. 1012A. Expedited consideration of certain proposed rescissions and repeals of tax expenditures and direct spending.’’.

1 (d) EFFECTIVE PERIOD.—The amendments made by

2 this Act shall—

3 (1) take effect on the date of enactment of this

4 Act;

5 (2) apply only to budget items provided in Acts

6 enacted on or after the date of enactment of this

7 Act; and

8 (3) cease to be effective on September 30,

9 1998.

Æ