[104th Congress Public Law 130]
[From the U.S. Government Printing Office]
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[DOCID: f:publ130.104]
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LINE ITEM VETO ACT
[[Page 110 STAT. 1200]]
Public Law 104-130
104th Congress
An Act
To give the President line item veto authority with respect to
appropriations, <<NOTE: Apr. 9, 1996 - [S. 4]>> new direct spending,
and limited tax benefits.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Line Item Veto
Act.>>
SECTION 1. <<NOTE: 2 USC 681 note.>> SHORT TITLE.
This Act may be cited as the ``Line Item Veto Act''.
SEC. 2. LINE ITEM VETO AUTHORITY.
(a) In General.--Title X of the Congressional Budget and Impoundment
Control Act of 1974 (2 U.S.C. 681 et seq.) is amended by adding at the
end the following new part:
``Part C--Line Item Veto
``line item veto authority
``Sec. 1021. <<NOTE: 2 USC 691.>> (a) In General.--Notwithstanding
the provisions of parts A and B, and subject to the provisions of this
part, the President may, with respect to any bill or joint resolution
that has been signed into law pursuant to Article I, section 7, of the
Constitution of the United States, cancel in whole--
``(1) any dollar amount of discretionary budget authority;
``(2) any item of new direct spending; or
``(3) any limited tax benefit;
if the President--
``(A) determines that such cancellation will--
``(i) reduce the Federal budget deficit;
``(ii) not impair any essential Government
functions; and
``(iii) not harm the national interest; and
``(B) notifies the Congress of such cancellation by
transmitting a special message, in accordance with section 1022,
within five calendar days (excluding Sundays) after the
enactment of the law providing the dollar amount of
discretionary budget authority, item of new direct spending, or
limited tax benefit that was canceled.
``(b) Identification of Cancellations.--In identifying dollar
amounts of discretionary budget authority, items of new direct spending,
and limited tax benefits for cancellation, the President shall--
``(1) consider the legislative history, construction, and
purposes of the law which contains such dollar amounts, items,
or benefits;
[[Page 110 STAT. 1201]]
``(2) consider any specific sources of information
referenced in such law or, in the absence of specific sources of
information, the best available information; and
``(3) use the definitions contained in section 1026 in
applying this part to the specific provisions of such law.
``(c) Exception for Disapproval Bills.--The authority granted by
subsection (a) shall not apply to any dollar amount of discretionary
budget authority, item of new direct spending, or limited tax benefit
contained in any law that is a disapproval bill as defined in section
1026.
``special messages
``Sec. 1022 <<NOTE: Congress. 2 USC 691a.>> . (a) In General.--For
each law from which a cancellation has been made under this part, the
President shall transmit a single special message to the Congress.
``(b) Contents.--
``(1) The special message shall specify--
``(A) the dollar amount of discretionary budget
authority, item of new direct spending, or limited tax
benefit which has been canceled, and provide a
corresponding reference number for each cancellation;
``(B) the determinations required under section
1021(a), together with any supporting material;
``(C) the reasons for the cancellation;
``(D) to the maximum extent practicable, the
estimated fiscal, economic, and budgetary effect of the
cancellation;
``(E) all facts, circumstances and considerations
relating to or bearing upon the cancellation, and to the
maximum extent practicable, the estimated effect of the
cancellation upon the objects, purposes and programs for
which the canceled authority was provided; and
``(F) include the adjustments that will be made
pursuant to section 1024 to the discretionary spending
limits under section 601 and an evaluation of the
effects of those adjustments upon the sequestration
procedures of section 251 of the Balanced Budget and
Emergency Deficit Control Act of 1985.
``(2) In the case of a cancellation of any dollar amount of
discretionary budget authority or item of new direct spending,
the special message shall also include, if applicable--
``(A) any account, department, or establishment of
the Government for which such budget authority was to
have been available for obligation and the specific
project or governmental functions involved;
``(B) the specific States and congressional
districts, if any, affected by the cancellation; and
``(C) the total number of cancellations imposed
during the current session of Congress on States and
congressional districts identified in subparagraph (B).
``(c) Transmission of Special Messages to House and Senate.--
``(1) The President shall transmit to the Congress each
special message under this part within five calendar days
(excluding Sundays) after enactment of the law to which the
cancellation applies. Each special message shall be transmitted
to the House of Representatives and the Senate on the same
calendar day. Such special message shall be delivered to the
[[Page 110 STAT. 1202]]
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.
``(2) <<NOTE: Federal Register, publication.>> Any special
message transmitted under this part shall be printed in the
first issue of the Federal Register published after such
transmittal.
``cancellation effective unless disapproved
``Sec. 1023. <<NOTE: 2 USC 691b.>> (a) In General.--The
cancellation of any dollar amount of discretionary budget authority,
item of new direct spending, or limited tax benefit shall take effect
upon receipt in the House of Representatives and the Senate of the
special message notifying the Congress of the cancellation. If a
disapproval bill for such special message is enacted into law, then all
cancellations disapproved in that law shall be null and void and any
such dollar amount of discretionary budget authority, item of new direct
spending, or limited tax benefit shall be effective as of the original
date provided in the law to which the cancellation applied.
``(b) Commensurate Reductions in Discretionary Budget Authority.--
Upon the cancellation of a dollar amount of discretionary budget
authority under subsection (a), the total appropriation for each
relevant account of which that dollar amount is a part shall be
simultaneously reduced by the dollar amount of that cancellation.
``deficit reduction
``Sec. 1024. <<NOTE: 2 USC 691c.>> (a) In General.--
``(1) Discretionary budget authority.--OMB shall, for each
dollar amount of discretionary budget authority and for each
item of new direct spending canceled from an appropriation law
under section 1021(a)--
``(A) reflect the reduction that results from such
cancellation in the estimates required by section
251(a)(7) of the Balanced Budget and Emergency Deficit
Control Act of 1985 in accordance with that Act,
including an estimate of the reduction of the budget
authority and the reduction in outlays flowing from such
reduction of budget authority for each outyear; and
``(B) include a reduction to the discretionary
spending limits for budget authority and outlays in
accordance with the Balanced Budget and Emergency
Deficit Control Act of 1985 for each applicable fiscal
year set forth in section 601(a)(2) by amounts equal to
the amounts for each fiscal year estimated pursuant to
subparagraph (A).
``(2) Direct spending and limited tax benefits.--(A) OMB
shall, for each item of new direct spending or limited tax
benefit canceled from a law under section 1021(a), estimate the
deficit decrease caused by the cancellation of such item or
benefit in that law and include such estimate as a separate
entry in the report prepared pursuant to section 252(d) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
``(B) OMB shall not include any change in the deficit
resulting from a cancellation of any item of new direct spending
or limited tax benefit, or the enactment of a disapproval bill
for any such cancellation, under this part in the estimates
[[Page 110 STAT. 1203]]
and reports required by sections 252(b) and 254 of the Balanced
Budget and Emergency Deficit Control Act of 1985.
``(b) Adjustments to Spending Limits.--After ten calendar days
(excluding Sundays) after the expiration of the time period in section
1025(b)(1) for expedited congressional consideration of a disapproval
bill for a special message containing a cancellation of discretionary
budget authority, OMB shall make the reduction included in subsection
(a)(1)(B) as part of the next sequester report required by section 254
of the Balanced Budget and Emergency Deficit Control Act of 1985.
``(c) Exception.--Subsection (b) shall not apply to a cancellation
if a disapproval bill or other law that disapproves that cancellation is
enacted into law prior to 10 calendar days (excluding Sundays) after the
expiration of the time period set forth in section 1025(b)(1).
``(d) Congressional Budget Office Estimates.--As soon as practicable
after the President makes a cancellation from a law under section
1021(a), the Director of the Congressional Budget Office shall provide
the Committees on the Budget of the House of Representatives and the
Senate with an estimate of the reduction of the budget authority and the
reduction in outlays flowing from such reduction of budget authority for
each outyear.
``expedited congressional consideration of disapproval bills
``Sec. 1025. <<NOTE: 2 USC 691d.>> (a) Receipt and Referral of
Special Message.--Each special message transmitted under this part shall
be referred to the Committee on the Budget and the appropriate committee
or committees of the Senate and the Committee on the Budget and the
appropriate committee or committees of the House of Representatives.
Each such message shall be printed as a document of the House of
Representatives.
``(b) Time Period for Expedited Procedures.--
``(1) There shall be a congressional review period of 30
calendar days of session, beginning on the first calendar day of
session after the date on which the special message is received
in the House of Representatives and the Senate, during which the
procedures contained in this section shall apply to both Houses
of Congress.
``(2) In the House of Representatives the procedures set
forth in this section shall not apply after the end of the
period described in paragraph (1).
``(3) If Congress adjourns at the end of a Congress prior to
the expiration of the period described in paragraph (1) and a
disapproval bill was then pending in either House of Congress or
a committee thereof (including a conference committee of the two
Houses of Congress), or was pending before the President, a
disapproval bill for the same special message may be introduced
within the first five calendar days of session of the next
Congress and shall be treated as a disapproval bill under this
part, and the time period described in paragraph (1) shall
commence on the day of introduction of that disapproval bill.
``(c) Introduction of Disapproval Bills.--(1) In order for a
disapproval bill to be considered under the procedures set forth in this
section, the bill must meet the definition of a disapproval bill and
must be introduced no later than the fifth calendar day of session
following the beginning of the period described in subsection (b)(1).
[[Page 110 STAT. 1204]]
``(2) In the case of a disapproval bill introduced in the House of
Representatives, such bill shall include in the first blank space
referred to in section 1026(6)(C) a list of the reference numbers for
all cancellations made by the President in the special message to which
such disapproval bill relates.
``(d) <<NOTE: Reports.>> Consideration in the House of
Representatives.--(1) Any committee of the House of Representatives to
which a disapproval bill is referred shall report it without amendment,
and with or without recommendation, not later than the seventh calendar
day of session after the date of its introduction. If any 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, except that such a motion may not be made after the committee has
reported a disapproval bill with respect to the same special message. A
motion to discharge may be made only by a Member favoring the bill (but
only at a time or place designated by the Speaker in the legislative
schedule of the day after the calendar day on which the Member offering
the motion announces to the House his intention to do so and the form of
the motion). 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 disapproval bill is reported or a 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. If reported and the report has been
available for at least one calendar day, all points of order against the
bill and against consideration of the bill are waived. If discharged,
all points of order against the bill and against consideration of the
bill are waived. The motion is highly privileged. 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, shall be confined to the bill, and shall not
exceed one hour equally divided and controlled by a proponent and an
opponent of the bill. The bill shall be considered as read for amendment
under the five-minute rule. Only one motion to rise shall be in order,
except if offered by the manager. No amendment to the bill is in order,
except any Member if supported by 49 other Members (a quorum being
present) may offer an amendment striking the reference number or numbers
of a cancellation or cancellations from the bill. Consideration of the
bill for amendment shall not exceed one hour excluding time for recorded
votes and quorum calls. No amendment shall be subject to further
amendment, except pro forma amendments for the purposes of debate only.
At the conclusion of the consideration of the bill for amendment, the
Committee shall rise and report the bill to the House with such
amendments as may have been adopted. 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.
[[Page 110 STAT. 1205]]
``(3) Appeals from decisions of the Chair regarding application of
the rules of the House of Representatives to the procedure relating to a
disapproval bill shall be decided without debate.
``(4) It shall not be in order to consider under this subsection
more than one disapproval bill for the same special message except for
consideration of a similar Senate bill (unless the House has already
rejected a disapproval bill for the same special message) or more than
one motion to discharge described in paragraph (1) with respect to a
disapproval bill for that special message.
``(e) Consideration in the Senate.--
``(1) Referral and reporting.--Any disapproval bill
introduced in the Senate shall be referred to the appropriate
committee or committees. A committee to which a disapproval bill
has been referred shall report the bill not later than the
seventh day of session following the date of introduction of
that bill. If any committee fails to report the bill within that
period, that committee shall be automatically discharged from
further consideration of the bill and the bill shall be placed
on the Calendar.
``(2) Disapproval bill from house.--When the Senate receives
from the House of Representatives a disapproval bill, such bill
shall not be referred to committee and shall be placed on the
Calendar.
``(3) Consideration of single disapproval bill.--After the
Senate has proceeded to the consideration of a disapproval bill
for a special message, then no other disapproval bill
originating in that same House relating to that same message
shall be subject to the procedures set forth in this subsection.
``(4) Amendments.--
``(A) Amendments in order.--The only amendments in
order to a disapproval bill are--
``(i) an amendment that strikes the reference
number of a cancellation from the disapproval
bill; and
``(ii) an amendment that only inserts the
reference number of a cancellation included in the
special message to which the disapproval bill
relates that is not already contained in such
bill.
``(B) Waiver or appeal.--An affirmative vote of
three-fifths of the Senators, duly chosen and sworn,
shall be required in the Senate--
``(i) to waive or suspend this paragraph; or
``(ii) to sustain an appeal of the ruling of
the Chair on a point of order raised under this
paragraph.
``(5) Motion nondebatable.--A motion to proceed to
consideration of a disapproval bill under this subsection shall
not be debatable. It shall not be in order to move to reconsider
the vote by which the motion to proceed was adopted or rejected,
although subsequent motions to proceed may be made under this
paragraph.
``(6) Limit on consideration.--(A) After no more than 10
hours of consideration of a disapproval bill, the Senate shall
proceed, without intervening action or debate (except as
permitted under paragraph (9)), to vote on the final disposition
thereof to the exclusion of all amendments not then pending and
to the exclusion of all motions, except a motion to reconsider
or to table.
[[Page 110 STAT. 1206]]
``(B) A single motion to extend the time for consideration
under subparagraph (A) for no more than an additional five hours
is in order prior to the expiration of such time and shall be
decided without debate.
``(C) The time for debate on the disapproval bill shall be
equally divided between the Majority Leader and the Minority
Leader or their designees.
``(7) Debate on amendments.--Debate on any amendment to a
disapproval bill shall be limited to one hour, equally divided
and controlled by the Senator proposing the amendment and the
majority manager, unless the majority manager is in favor of the
amendment, in which case the minority manager shall be in
control of the time in opposition.
``(8) No motion to recommit.--A motion to recommit a
disapproval bill shall not be in order.
``(9) Disposition of senate disapproval bill.--If the Senate
has read for the third time a disapproval bill that originated
in the Senate, then it shall be in order at any time thereafter
to move to proceed to the consideration of a disapproval bill
for the same special message received from the House of
Representatives and placed on the Calendar pursuant to paragraph
(2), strike all after the enacting clause, substitute the text
of the Senate disapproval bill, agree to the Senate amendment,
and vote on final disposition of the House disapproval bill, all
without any intervening action or debate.
``(10) Consideration of house message.--Consideration in the
Senate of all motions, amendments, or appeals necessary to
dispose of a message from the House of Representatives on a
disapproval bill shall be limited to not more than four hours.
Debate on each motion or amendment shall be limited to 30
minutes. Debate on any appeal or point of order that is
submitted in connection with the disposition of the House
message shall be limited to 20 minutes. Any time for debate
shall be equally divided and controlled by the proponent and the
majority manager, unless the majority manager is a proponent of
the motion, amendment, appeal, or point of order, in which case
the minority manager shall be in control of the time in
opposition.
``(f) Consideration in Conference.--
``(1) Convening of conference.--In the case of disagreement
between the two Houses of Congress with respect to a disapproval
bill passed by both Houses, conferees should be promptly
appointed and a conference promptly convened, if necessary.
``(2) House consideration.--(A) Notwithstanding any other
rule of the House of Representatives, it shall be in order to
consider the report of a committee of conference relating to a
disapproval bill provided such report has been available for one
calendar day (excluding Saturdays, Sundays, or legal holidays,
unless the House is in session on such a day) and the
accompanying statement shall have been filed in the House.
``(B) Debate in the House of Representatives on the
conference report and any amendments in disagreement on any
disapproval bill shall each be limited to not more than one hour
equally divided and controlled by a proponent and an opponent. A
motion to further limit debate is not debatable. A motion to
recommit the conference report is not in order,
[[Page 110 STAT. 1207]]
and it is not in order to move to reconsider the vote by which
the conference report is agreed to or disagreed to.
``(3) Senate consideration.--Consideration in the Senate of
the conference report and any amendments in disagreement on a
disapproval bill shall be limited to not more than four hours
equally divided and controlled by the Majority Leader and the
Minority Leader or their designees. A motion to recommit the
conference report is not in order.
``(4) Limits on scope.--(A) When a disagreement to an
amendment in the nature of a substitute has been referred to a
conference, the conferees shall report those cancellations that
were included in both the bill and the amendment, and may report
a cancellation included in either the bill or the amendment, but
shall not include any other matter.
``(B) When a disagreement on an amendment or amendments of
one House to the disapproval bill of the other House has been
referred to a committee of conference, the conferees shall
report those cancellations upon which both Houses agree and may
report any or all of those cancellations upon which there is
disagreement, but shall not include any other matter.
``definitions
``Sec. 1026. <<NOTE: 2 USC 691e.>> As used in this part:
``(1) Appropriation law.--The term `appropriation law' means
an Act referred to in section 105 of title 1, United States
Code, including any general or special appropriation Act, or any
Act making supplemental, deficiency, or continuing
appropriations, that has been signed into law pursuant to
Article I, section 7, of the Constitution of the United States.
``(2) Calendar day.--The term `calendar day' means a
standard 24-hour period beginning at midnight.
``(3) Calendar days of session.--The term `calendar days of
session' shall mean only those days on which both Houses of
Congress are in session.
``(4) Cancel.--The term `cancel' or `cancellation' means--
``(A) with respect to any dollar amount of
discretionary budget authority, to rescind;
``(B) with respect to any item of new direct
spending--
``(i) that is budget authority provided by law
(other than an appropriation law), to prevent such
budget authority from having legal force or
effect;
``(ii) that is entitlement authority, to
prevent the specific legal obligation of the
United States from having legal force or effect;
or
``(iii) through the food stamp program, to
prevent the specific provision of law that results
in an increase in budget authority or outlays for
that program from having legal force or effect;
and
``(C) with respect to a limited tax benefit, to
prevent the specific provision of law that provides such
benefit from having legal force or effect.
``(5) Direct spending.--The term `direct spending' means--
``(A) budget authority provided by law (other than
an appropriation law);
``(B) entitlement authority; and
``(C) the food stamp program.
[[Page 110 STAT. 1208]]
``(6) Disapproval bill.--The term `disapproval bill' means a
bill or joint resolution which only disapproves one or more
cancellations of dollar amounts of discretionary budget
authority, items of new direct spending, or limited tax benefits
in a special message transmitted by the President under this
part and--
``(A) the title of which is as follows: `A bill
disapproving the cancellations transmitted by the
President on ________', the blank space being filled in
with the date of transmission of the relevant special
message and the public law number to which the message
relates;
``(B) which does not have a preamble; and
``(C) which provides only the following after the
enacting clause: `That Congress disapproves of
cancellations ________', the blank space being filled in
with a list by reference number of one or more
cancellations contained in the President's special
message, `as transmitted by the President in a special
message on ________', the blank space being filled in
with the appropriate date, `regarding ________.', the
blank space being filled in with the public law number
to which the special message relates.
``(7) Dollar amount of discretionary budget authority.--(A)
Except as provided in subparagraph (B), the term `dollar amount
of discretionary budget authority' means the entire dollar
amount of budget authority--
``(i) specified in an appropriation law, or the
entire dollar amount of budget authority required to be
allocated by a specific proviso in an appropriation law
for which a specific dollar figure was not included;
``(ii) represented separately in any table, chart,
or explanatory text included in the statement of
managers or the governing committee report accompanying
such law;
``(iii) required to be allocated for a specific
program, project, or activity in a law (other than an
appropriation law) that mandates the expenditure of
budget authority from accounts, programs, projects, or
activities for which budget authority is provided in an
appropriation law;
``(iv) represented by the product of the estimated
procurement cost and the total quantity of items
specified in an appropriation law or included in the
statement of managers or the governing committee report
accompanying such law; and
``(v) represented by the product of the estimated
procurement cost and the total quantity of items
required to be provided in a law (other than an
appropriation law) that mandates the expenditure of
budget authority from accounts, programs, projects, or
activities for which budget authority is provided in an
appropriation law.
``(B) The term `dollar amount of discretionary budget
authority' does not include--
``(i) direct spending;
``(ii) budget authority in an appropriation law
which funds direct spending provided for in other law;
``(iii) any existing budget authority rescinded or
canceled in an appropriation law; or
``(iv) any restriction, condition, or limitation in
an appropriation law or the accompanying statement of
man
[[Page 110 STAT. 1209]]
agers or committee reports on the expenditure of budget
authority for an account, program, project, or activity,
or on activities involving such expenditure.
``(8) Item of new direct spending.--The term `item of new
direct spending' means any specific provision of law that is
estimated to result in an increase in budget authority or
outlays for direct spending relative to the most recent levels
calculated pursuant to section 257 of the Balanced Budget and
Emergency Deficit Control Act of 1985.
``(9) Limited tax benefit.--(A) The term `limited tax
benefit' means--
``(i) any revenue-losing provision which provides a
Federal tax deduction, credit, exclusion, or preference
to 100 or fewer beneficiaries under the Internal Revenue
Code of 1986 in any fiscal year for which the provision
is in effect; and
``(ii) any Federal tax provision which provides
temporary or permanent transitional relief for 10 or
fewer beneficiaries in any fiscal year from a change to
the Internal Revenue Code of 1986.
``(B) A provision shall not be treated as described in
subparagraph (A)(i) if the effect of that provision is that--
``(i) all persons in the same industry or engaged in
the same type of activity receive the same treatment;
``(ii) all persons owning the same type of property,
or issuing the same type of investment, receive the same
treatment; or
``(iii) any difference in the treatment of persons
is based solely on--
``(I) in the case of businesses and
associations, the size or form of the business or
association involved;
``(II) in the case of individuals, general
demographic conditions, such as income, marital
status, number of dependents, or tax return filing
status;
``(III) the amount involved; or
``(IV) a generally-available election under
the Internal Revenue Code of 1986.
``(C) A provision shall not be treated as described in
subparagraph (A)(ii) if--
``(i) it provides for the retention of prior law
with respect to all binding contracts or other legally
enforceable obligations in existence on a date
contemporaneous with congressional action specifying
such date; or
``(ii) it is a technical correction to previously
enacted legislation that is estimated to have no revenue
effect.
``(D) For purposes of subparagraph (A)--
``(i) all businesses and associations which are
related within the meaning of sections 707(b) and
1563(a) of the Internal Revenue Code of 1986 shall be
treated as a single beneficiary;
``(ii) all qualified plans of an employer shall be
treated as a single beneficiary;
``(iii) all holders of the same bond issue shall be
treated as a single beneficiary; and
``(iv) if a corporation, partnership, association,
trust or estate is the beneficiary of a provision, the
shareholders of the corporation, the partners of the
partnership, the
[[Page 110 STAT. 1210]]
members of the association, or the beneficiaries of the
trust or estate shall not also be treated as
beneficiaries of such provision.
``(E) For purposes of this paragraph, the term `revenue-
losing provision' means any provision which results in a
reduction in Federal tax revenues for any one of the two
following periods--
``(i) the first fiscal year for which the provision
is effective; or
``(ii) the period of the 5 fiscal years beginning
with the first fiscal year for which the provision is
effective.
``(F) The terms used in this paragraph shall have the same
meaning as those terms have generally in the Internal Revenue
Code of 1986, unless otherwise expressly provided.
``(10) OMB.--The term `OMB' means the Director of the Office
of Management and Budget.
``identification of limited tax benefits
``Sec. 1027. <<NOTE: 2 USC 691f.>> (a) Statement by Joint Tax
Committee.--The Joint Committee on Taxation shall review any revenue or
reconciliation bill or joint resolution which includes any amendment to
the Internal Revenue Code of 1986 that is being prepared for filing by a
committee of conference of the two Houses, and shall identify whether
such bill or joint resolution contains any limited tax benefits. The
Joint Committee on Taxation shall provide to the committee of conference
a statement identifying any such limited tax benefits or declaring that
the bill or joint resolution does not contain any limited tax benefits.
Any such statement shall be made available to any Member of Congress by
the Joint Committee on Taxation immediately upon request.
``(b) Statement Included in Legislation.--(1) Notwithstanding any
other rule of the House of Representatives or any rule or precedent of
the Senate, any revenue or reconciliation bill or joint resolution which
includes any amendment to the Internal Revenue Code of 1986 reported by
a committee of conference of the two Houses may include, as a separate
section of such bill or joint resolution, the information contained in
the statement of the Joint Committee on Taxation, but only in the manner
set forth in paragraph (2).
``(2) <<NOTE: Applicability.>> The separate section permitted under
paragraph (1) shall read as follows: `Section 1021(a)(3) of the
Congressional Budget and Impoundment Control Act of 1974 shall ________
apply to ____________.', with the blank spaces being filled in with--
``(A) in any case in which the Joint Committee on Taxation
identifies limited tax benefits in the statement required under
subsection (a), the word `only' in the first blank space and a
list of all of the specific provisions of the bill or joint
resolution identified by the Joint Committee on Taxation in such
statement in the second blank space; or
``(B) in any case in which the Joint Committee on Taxation
declares that there are no limited tax benefits in the statement
required under subsection (a), the word `not' in the first blank
space and the phrase `any provision of this Act' in the second
blank space.
``(c) President's Authority.--If any revenue or reconciliation bill
or joint resolution is signed into law pursuant to Article I, section 7,
of the Constitution of the United States--
[[Page 110 STAT. 1211]]
``(1) with a separate section described in subsection
(b)(2), then the President may use the authority granted in
section 1021(a)(3) only to cancel any limited tax benefit in
that law, if any, identified in such separate section; or
``(2) without a separate section described in subsection
(b)(2), then the President may use the authority granted in
section 1021(a)(3) to cancel any limited tax benefit in that law
that meets the definition in section 1026.
``(d) Congressional Identifications of Limited Tax Benefits.--There
shall be no judicial review of the congressional identification under
subsections (a) and (b) of a limited tax benefit in a conference
report.''.
SEC. 3. <<NOTE: 2 USC 692.>> JUDICIAL REVIEW.
(a) Expedited Review.--
(1) Any Member of Congress or any individual adversely
affected by part C of title X of the Congressional Budget and
Impoundment Control Act of 1974 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 part 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) 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 calendar days after such order is
entered; and the jurisdictional statement shall be filed within 30
calendar 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).
SEC. 4. CONFORMING AMENDMENTS.
(a) Short Titles.--Section 1(a) of the Congressional Budget and
Impoundment Control Act of 1974 <<NOTE: 2 USC 621 note.>> is amended
by--
(1) striking ``and'' before ``title X'' and inserting a
period;
(2) inserting ``Parts A and B of'' before ``title X''; and
(3) inserting at the end the following new sentence: ``Part
C of title X may be cited as the `Line Item Veto Act of
1996'.''.
(b) Table of Contents.--The table of contents set forth in section
1(b) of the Congressional Budget and Impoundment Control Act of
1974 <<NOTE: 88 Stat. 297.>> is amended by adding at the end the
following:
[[Page 110 STAT. 1212]]
``Part C--Line Item Veto
``Sec. 1021. Line item veto authority.
``Sec. 1022. Special messages.
``Sec. 1023. Cancellation effective unless disapproved.
``Sec. 1024. Deficit reduction.
``Sec. 1025. Expedited congressional consideration of disapproval bills.
``Sec. 1026. Definitions.
``Sec. 1027. Identification of limited tax benefits.''.
(c) Exercise of Rulemaking Powers.--Section 904(a) of the
Congressional Budget Act of 1974 <<NOTE: 2 USC 621 note.>> is amended
by striking ``and 1017'' and inserting ``, 1017, 1025, and 1027''.
SEC. 5. <<NOTE: 2 USC 691 note.>> EFFECTIVE DATES.
This Act and the amendments made by it shall take effect and apply
to measures enacted on the earlier of--
(1) the day after the enactment into law, pursuant to
Article I, section 7, of the Constitution of the United States,
of an Act entitled ``An Act to provide for a seven-year plan for
deficit reduction and achieve a balanced Federal budget.''; or
(2) January 1, 1997;
and shall have no force or effect on or after January 1, 2005.
Approved April 9, 1996.
LEGISLATIVE HISTORY--S. 4 (H.R. 2):
---------------------------------------------------------------------------
HOUSE REPORTS: Nos. 104-11, Pt. 1 (Comm. on Rules) and Pt. 2 (Comm. on
Government Reform and Oversight) both accompanying H.R. 2, and 104-491
(Comm. of Conference).
SENATE REPORTS: Nos. 104-9 (Comm. on the Budget) and 104-13 (Comm. on
Governmental Affairs).
CONGRESSIONAL RECORD:
Vol. 141 (1995):
Feb. 2, 3, 6, H.R. 2 considered and
passed House.
Mar. 20-23, S. 4 considered and
passed Senate.
May 17, considered and passed House,
amended, in lieu of H.R. 2.
Vol. 142 (1996):
Mar. 27, Senate agreed to conference
report.
Mar. 28, House agreed to conference
report pursuant to H. Res. 391.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 32 (1996):
Apr. 9, Presidential remarks and statement.
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