II

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.

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 Rescission Act’’.
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1 SEC. 2. EXPEDITED CONSIDERATION OF CERTAIN PRO2 POSED CANCELLATIONS OF BUDGET ITEMS.

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

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

5 621 et seq.) is amended by adding after section 1012 the

6 following new section:

7 ‘‘EXPEDITED CONSIDERATION OF CERTAIN PROPOSED

8 CANCELLATIONS OF BUDGET ITEMS

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

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

11 and in the manner provided in subsection (b), the cancella12 tion of any budget item provided in any Act. An item pro13 posed for cancellation under this section may not be pro14 posed for cancellation again under this title.

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

16 ‘‘(1) SPECIAL MESSAGE.—

17 ‘‘(A) IN GENERAL.—Subject to the time

18 limitations provided in subparagraph (B), the

19 President may transmit to Congress a special

20 message proposing to cancel budget items con21 tained in an Act. A separate special message

22 shall be transmitted for each Act that contains

23 budget items the President proposes to cancel.

24 ‘‘(B) TIME LIMITATIONS.—A special mes25 sage may be transmitted under this section—
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1 ‘‘(i) during the 20-calendar-day period

2 (excluding Saturdays, Sundays, and legal

3 holidays) commencing on the day after the

4 date of enactment of the provision pro5 posed to be rescinded or repealed; or

6 ‘‘(ii) at the same time as the Presi7 dent’s budget for any provision enacted

8 after the date the President submitted the

9 preceding budget.

10 ‘‘(2) DRAFT BILL.—The President shall include

11 in each special message transmitted under para12 graph (1) a draft bill that, if enacted, would cancel

13 those budget items as provided in this section. The

14 draft bill shall clearly identify each budget item that

15 is proposed to be canceled including, where applica16 ble, each program, project, or activity to which the

17 budget item relates.

18 ‘‘(3) CONTENTS OF SPECIAL MESSAGE.—Each

19 special message shall specify, with respect to the

20 budget item proposed to be canceled—

21 ‘‘(A) the amount that the President pro22 poses be canceled;

23 ‘‘(B) any account, department, or estab24 lishment of the Government to which such

25 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) DEFICIT REDUCTION.—

18 ‘‘(A) DISCRETIONARY SPENDING LIMITS

19 AND ADJUSTMENT OF COMMITTEE ALLOCA20 TIONS.—Not later than 5 days after the date of

21 enactment of a bill containing the cancellation

22 of budget items as provided under this section,

23 the President shall—

24 ‘‘(i) with respect to a rescission of

25 budget authority provided in an appropria-
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1 tions Act, reduce the discretionary spend2 ing limits under section 251(c) of the Bal3 anced Budget and Emergency Deficit Con4 trol Act of 1985 for the budget year and

5 any outyear affected by the rescission, to

6 reflect such amount; and

7 ‘‘(ii) with respect to a repeal of a tar8 geted tax benefit, adjust the balances for

9 the budget year and each outyear under

10 section 252(b) of the Balanced Budget and

11 Emergency Deficit Control Act of 1985 to

12 reflect such amount.

13 ‘‘(B) ADJUSTMENT OF COMMITTEE ALLO14 CATIONS.—Not later than 5 days after the date

15 of enactment of a bill containing the cancella16 tion of budget items as provided under this sec17 tion, the chairs of the Committees on the Budg18 et of the Senate and the House of Representa19 tives shall revise levels under section 311(a)

20 and adjust the committee allocations under sec21 tion 302(a) to reflect such amount.

22 ‘‘(c) PROCEDURES FOR EXPEDITED CONSIDER23 ATION.—

24 ‘‘(1) IN GENERAL.—
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1 ‘‘(A) INTRODUCTION.—Before the close of

2 the second day of session of the Senate and the

3 House of Representatives, respectively, after the

4 date of receipt of a special message transmitted

5 to Congress under subsection (b), the Majority

6 Leader or Minority Leader of each House shall

7 introduce (by request) the draft bill accompany8 ing that special message. If the bill is not intro9 duced as provided in the preceding sentence in

10 either House, then, on the third day of session

11 of that House after the date of receipt of that

12 special message, any Member of that House

13 may introduce the bill.

14 ‘‘(B) REFERRAL AND REPORTING.—The

15 bill shall be referred to the appropriate commit16 tee or (in the House of Representatives) com17 mittees. The committee shall report the bill

18 without substantive revision and with or with19 out recommendation. The committee shall re20 port the bill not later than the seventh day of

21 session of that House after the date of receipt

22 of that special message. If the committee fails

23 to report the bill within that period, the com24 mittee shall be automatically discharged from
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1 consideration of the bill, and the bill shall be

2 placed on the appropriate calendar.

3 ‘‘(C) FINAL PASSAGE.—A vote on final

4 passage of the bill shall be taken in the Senate

5 and the House of Representatives on or before

6 the close of the 10th day of session of that

7 House after the date of the introduction of the

8 bill in that House. If the bill is passed, the Sec9 retary of the Senate or the Clerk of the House

10 of Representatives, as the case may be, shall

11 cause the bill to be engrossed, certified, and

12 transmitted to the other House within 1 cal13 endar day of the day on which the bill is

14 passed.

15 ‘‘(2) CONSIDERATION IN THE HOUSE OF REP16 RESENTATIVES.—

17 ‘‘(A) MOTION TO PROCEED TO CONSIDER18 ATION.—A motion in the House of Representa19 tives to proceed to the consideration of a bill

20 under this subsection shall be highly privileged

21 and not debatable. An amendment to the mo22 tion shall not be in order, nor shall it be in

23 order to move to reconsider the vote by which

24 the motion is agreed to or disagreed to.
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1 ‘‘(B) MOTION TO STRIKE.—During consid2 eration under this subsection in the House of

3 Representatives, any Member of the House of

4 Representatives may move to strike any pro5 posed cancellation of a budget item if supported

6 by 49 other Members.

7 ‘‘(C) LIMITS ON DEBATE.—Debate in the

8 House of Representatives on a bill under this

9 subsection shall not exceed 4 hours, which shall

10 be divided equally between those favoring and

11 those opposing the bill. A motion further to

12 limit debate shall not be debatable. It shall not

13 be in order to move to recommit a bill under

14 this subsection or to move to reconsider the

15 vote by which the bill is agreed to or disagreed

16 to.

17 ‘‘(D) APPEALS.—Appeals from decisions of

18 the Chair relating to the application of the

19 Rules of the House of Representatives to the

20 procedure relating to a bill under this section

21 shall be decided without debate.

22 ‘‘(E) APPLICATION OF HOUSE RULES.—

23 Except to the extent specifically provided in this

24 section, consideration of a bill under this sec25 tion shall be governed by the Rules of the
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1 House of Representatives. It shall not be in

2 order in the House of Representatives to con3 sider any bill introduced pursuant to the provi4 sions of this section under a suspension of the

5 rules or under a special rule.

6 ‘‘(3) CONSIDERATION IN THE SENATE.—

7 ‘‘(A) MOTION TO PROCEED TO CONSIDER8 ATION.—A motion to proceed to the consider9 ation of a bill under this subsection in the Sen10 ate shall be nondebatable. It shall not be in

11 order to move to reconsider the vote by which

12 the motion to proceed is agreed to or disagreed

13 to.

14 ‘‘(B) MOTION TO STRIKE.—During consid15 eration of a bill under this subsection in the

16 Senate, any Member of the Senate may move to

17 strike any proposed cancellation of a budget

18 item if supported by 11 other Members.

19 ‘‘(C) LIMITS ON DEBATE.—Debate in the

20 Senate on a bill under this subsection, amend21 ments thereto, and all debatable motions and

22 appeals in connection therewith (including de23 bate pursuant to subparagraph (D)), shall not

24 exceed 10 hours. The time shall be equally di25 vided between, and controlled by, the Majority
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1 Leader and the Minority Leader or their des2 ignees.

3 ‘‘(D) APPEALS.—Debate in the Senate on

4 any debatable motion or appeal in connection

5 with a bill under this subsection shall be limited

6 to not more than 1 hour, to be equally divided

7 between, and controlled by, the mover and the

8 manager of the bill, except that in the event the

9 manager of the bill is in favor of any such mo10 tion or appeal, the time in opposition thereto,

11 shall be controlled by the minority leader or his

12 designee. Such leaders, or either of them, may,

13 from time under their control on the passage of

14 a bill, allot additional time to any Senator dur15 ing the consideration of any debatable motion

16 or appeal.

17 ‘‘(E) MOTION TO LIMIT DEBATE.—A mo18 tion in the Senate to further limit debate on a

19 bill under this subsection is not debatable.

20 ‘‘(F) MOTION TO RECOMMIT.—A motion to

21 recommit a bill under this subsection is not in

22 order.

23 ‘‘(G) PLACED ON CALENDAR.—Upon re24 ceipt in the Senate of the companion bill for a
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1 bill that has been introduced in the Senate, that

2 companion bill shall be placed on the calendar.

3 ‘‘(H) CONSIDERATION OF HOUSE COMPAN4 ION BILL.—

5 ‘‘(i) IN GENERAL.—Following the vote

6 on the Senate bill required under para7 graph (1)(C), when the Senate proceeds to

8 consider the companion bill received from

9 the House of Representatives, the Senate

10 shall—

11 ‘‘(I) if the language of the com12 panion bill is identical to the Senate

13 bill, as passed, proceed to the imme14 diate consideration of the companion

15 bill and, without intervening action,

16 vote on the companion bill; or

17 ‘‘(II) if the language of the com18 panion bill is not identical to the Sen19 ate bill, as passed, proceed to the im20 mediate consideration of the compan21 ion bill.

22 ‘‘(ii) AMENDMENTS.—During consid23 eration of the companion bill under clause

24 (i)(II), any Senator may move to strike all

25 after the enacting clause and insert in lieu
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1 thereof the text of the Senate bill, as

2 passed. Debate in the Senate on such com3 panion bill, any amendment proposed

4 under this subparagraph, and all debatable

5 motions and appeals in connection there6 with, shall not exceed 10 hours less such

7 time as the Senate consumed or yielded

8 back during consideration of the Senate

9 bill.

10 ‘‘(4) CONFERENCE.—

11 ‘‘(A) CONSIDERATION OF CONFERENCE

12 REPORTS.—Debate in the House of Representa13 tives or the Senate on the conference report and

14 any amendments in disagreement on any bill

15 considered under this section shall be limited to

16 not more than 2 hours, which shall be divided

17 equally between the Majority Leader and the

18 Minority Leader. A motion further to limit de19 bate is not debatable. A motion to recommit the

20 conference report is not in order, and it is not

21 in order to move to reconsider the vote by

22 which the conference report is agreed to or dis23 agreed to.

24 ‘‘(B) FAILURE OF CONFERENCE TO ACT.—

25 If the committee on conference on a bill consid-
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1 ered under this section fails to submit a con2 ference report within 10 calendar days after the

3 conferees have been appointed by each House,

4 any Member of either House may introduce a

5 bill containing only the text of the draft bill of

6 the President on the next day of session there7 after and the bill shall be considered as pro8 vided in this section except that the bill shall

9 not be subject to any amendment.

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

11 Except as otherwise provided by this section, no amend12 ment to a bill considered under this section shall be in

13 order in either the Senate or the House of Representa14 tives. It shall not be in order to demand a division of the

15 question in the House of Representatives (or in a Commit16 tee of the Whole). No motion to suspend the application

17 of this subsection shall be in order in the House of Rep18 resentatives, nor shall it be in order in the House of Rep19 resentatives to suspend the application of this subsection

20 by unanimous consent.

21 ‘‘(e) TEMPORARY PRESIDENTIAL AUTHORITY TO

22 CANCEL.—At the same time as the President transmits

23 to Congress a special message under subsection

24 (b)(1)(B)(i) proposing to cancel budget items, the Presi25 dent may direct that any budget item or items proposed
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1 to be canceled in that special message shall not be made

2 available for obligation or take effect for a period not to

3 exceed 45 calendar days from the date the President

4 transmits the special message to Congress. The President

5 may make any budget item or items canceled pursuant

6 to the preceding sentence available at a time earlier than

7 the time specified by the President if the President deter8 mines that continuation of the cancellation would not fur9 ther the purposes of this Act.

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

11 ‘‘(1) APPROPRIATION ACT.—The term ‘appro12 priation Act’ means any general or special appro13 priation Act, and any Act or joint resolution making

14 supplemental, deficiency, or continuing appropria15 tions.

16 ‘‘(2) BUDGET ITEM.—The term ‘budget item’

17 means—

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

19 budget authority provided in an appropriation

20 Act except to fund direct spending programs

21 and the administrative expenses of social secu22 rity; or

23 ‘‘(B) a targeted tax benefit.

24 ‘‘(3) CANCELLATION OF A BUDGET ITEM.—The

25 term ‘cancellation of a budget item’ means—
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1 ‘‘(A) the rescission of any budget authority

2 provided in an appropriation Act; or

3 ‘‘(B) the repeal of any targeted tax benefit.

4 ‘‘(4) COMPANION BILL.—The term ‘companion

5 bill’ means, for any bill introduced in either House

6 pursuant to subsection (c)(1)(A), the bill introduced

7 in the other House as a result of the same special

8 message.

9 ‘‘(5) TARGETED TAX BENEFIT.—The term ‘tar10 geted tax benefit’ means any provision which has the

11 practical effect of providing a benefit in the form of

12 a different treatment to a particular taxpayer or a

13 limited class of taxpayers, whether or not such provi14 sion is limited by its terms to a particular taxpayer

15 or a class of taxpayers. Such term does not include

16 any benefit provided to a class of taxpayers distin17 guished on the basis of general demographic condi18 tions such as income, number of dependents, or mar19 ital status.’’.

20 (b) EXERCISE OF RULEMAKING POWERS.—Section

21 904 of the Congressional Budget Act of 1974 (2 U.S.C.

22 621 note) is amended—

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

24 and inserting ‘‘1012A, and 1017’’; and
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1 (2) in subsection (d), by striking ‘‘section

2 1017’’ and inserting ‘‘sections 1012A and 1017’’.

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

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

5 Impoundment Control Act of 1974 is amended by insert6 ing after the item relating to section 1012 the following:

‘‘Sec. 1012A. Expedited consideration of certain proposed cancellations of budget items.’’.

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

8 this Act shall—

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

10 Act;

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

12 enacted on or after the date of enactment of this

13 Act; and

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

15 2002.

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

17 The Line Item Veto Act (Public Law 104–130) and

18 the amendments made by that Act are repealed.

Æ