IIA
104TH CONGRESS
1ST SESSION
H. R. 2
IN THE SENATE OF THE UNITED STATES
FEBRUARY 7 (legislative day, JANUARY 30), 1995
Received; read twice and referred jointly 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
AN ACT
To give the President item veto authority over appropriation
Acts and targeted tax benefits in revenue Acts.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
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 Im-
poundment Control Act of 1974, and subject to the provi-
sions 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
HR 2 RIS
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 re-
duce 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 en-
actment 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budget authority rescinded by that message.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 sub-
mit a separate special message for each appropriation Act
and for each revenue or reconciliation Act under this sec-
tion.
HR 2 RIS
(d) LIMITATION.—No special message submitted by
the President under this section may change any prohibi-
tion or limitation of discretionary budget authority set
forth in any appropriation Act.
(e) SPECIAL RULE FOR FISCAL YEAR 1995 APPRO-
PRIATION
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 discre-
tionary 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 
DIS-
APPROVED.
(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 pe-
riod described in subsection (b), a rescission/receipts dis-
approval 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
HR 2 RIS
subsection (b), a rescission/receipts disapproval bill restor-
ing that provision is enacted into law.
(b) The period referred to in subsection (a) is—
(1) a congressional review period of twenty cal-
endar days of session, beginning on the first cal-
endar 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 ap-
proval or disapproval;
(2) after the period provided in paragraph (1),
an additional ten days (not including Sundays) dur-
ing which the President may exercise his authority
to sign or veto the rescission/receipts disapproval
bill; and
(3) if the President vetoes the rescission/re-
ceipts 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 Presi-
dent under this Act and the last session of the Congress
adjourns sine die before the expiration of the period de-
scribed 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 Feb-
HR 2 RIS
ruary of the succeeding Congress and the review period
referred to in subsection (b) (with respect to such mes-
sage) 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 dis-
approves, in whole, rescissions of discretionary budg-
et 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 re-
garding rescissions, the matter after the enact-
ing clause of which is as follows: ‘‘That Con-
gress disapproves each rescission of discre-
tionary budget authority of the President as
submitted by the President in a special message
on llll’’, 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 re-
garding vetoes of targeted tax benefits, the
matter after the enacting clause of which is as
follows: ‘‘That Congress disapproves each veto
HR 2 RIS
(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 deter-
mination to rescind budget authority or veto any
provision pursuant to this Act;
(4) to the maximum extent practicable, the esti-
mated fiscal, economic, and budgetary effect of the
rescission or veto; and
(5) all actions, circumstances, and consider-
ations relating to or bearing upon the rescission or
HR 2 RIS
veto and the decision to effect the rescission or veto,
and to the maximum extent practicable, the esti-
mated effect of the rescission upon the objects, pur-
poses, 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 Rep-
resentatives and the Senate on the same day, and
shall be delivered to the Clerk of the House of Rep-
resentatives 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 DIS-
APPROVAL 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
HR 2 RIS
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.
(d) CONSIDERATION IN THE HOUSE OF REPRESENT-
ATIVES.—(1) The committee of the House of Representa-
tives to which a rescission/receipts disapproval bill is re-
ferred shall report it without amendment, and with or
without recommendation, not later than the eighth cal-
endar 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 com-
mittee 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 oppo-
nent. 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 re-
ported or the committee has been discharged from further
consideration, it is in order to move that the House resolve
HR 2 RIS
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 re-
consider the vote by which the motion is agreed to or dis-
agreed 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 re-
port 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.
HR 2 RIS
(3) Appeals from the decisions of the Chair relating
to the application of the rules of the House of Representa-
tives to the procedure relating to a bill described in sub-
section (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 mo-
tion to discharge described in paragraph (1) with respect
to a particular special message.
(5) Consideration of any rescission/receipts dis-
approval bill under this subsection is governed by the rules
of the House of Representatives except to the extent spe-
cifically provided by the provisions of this Act.
(e) CONSIDERATION IN THE SENATE.—
(1) Any rescission/receipts disapproval bill re-
ceived in the Senate from the House shall be consid-
ered in the Senate pursuant to the provisions of this
Act.
(2) Debate in the Senate on any rescission/re-
ceipts disapproval bill and debatable motions and ap-
peals in connection therewith, shall be limited to not
more than ten hours. The time shall be equally di-
vided between, and controlled by, the majority leader
and the minority leader or their designees.
(3) Debate in the Senate on any debatable mo-
tions or appeal in connection with such bill shall be
HR 2 RIS
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 mi-
nority 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 de-
batable. 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 ses-
sion) 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 dis-
approval bill.
HR 2 RIS
(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 inter-
vals thereafter, the Comptroller General shall submit a re-
port to each House of Congress which provides the follow-
ing information:
(1) A list of each proposed Presidential rescis-
sion of discretionary budget authority and veto of a
targeted tax benefit submitted through special mes-
sages for the fiscal year ending during the preceding
calendar year, together with their dollar value, and
an indication of whether each rescission of discre-
tionary 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 ve-
toes of a targeted tax benefit submitted through spe-
cial 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 tar-
geted tax benefit submitted through special mes-
HR 2 RIS
sages 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 discre-
tionary budget authority initiated and accepted by
Congress for the fiscal year ending during the pre-
ceding 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 cal-
endar year.
SEC. 7. JUDICIAL REVIEW.
(a) EXPEDITED REVIEW.—
(1) Any Member of Congress may bring an ac-
tion, in the United States District Court for the Dis-
trict of Columbia, for declaratory judgment and in-
junctive relief on the ground that any provision of
this Act violates the Constitution.
HR 2 RIS
(2) A copy of any complaint in an action
brought under paragraph (1) shall be promptly de-
livered 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 inter-
vene 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 sub-
section (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 state-
ment shall be filed within 30 days after such order is en-
tered. No stay of an order issued pursuant to an action
HR 2 RIS
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 ex-
tent the disposition of any matter brought under sub-
section (a).
Passed the House of Representatives February 6,
1995.
Attest:
ROBIN H. CARLE,
Clerk.