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S 4 - 104

Line Item Veto Act

Became Public Law No: 104-130.

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Summary

48 Conference report filed in House May 7, 2001

Line Item Veto Act - Amends the Congressional Budget and Impoundment Control Act of 1974 to authorize the President to cancel in whole any dollar amount of discretionary budget authority, any item of new direct spending, or any limited tax benefit signed into law, if the President: (1) determines that such cancellation will reduce the Federal budget deficit and will not impair essential Government functions or harm the national interest; and (2) notifies the Congress of any such cancellation within five calendar days after enactment of the law providing such amount, item, or benefit. Requires the President, in identifying cancellations, to consider legislative histories and information referenced in law. Provides that the President's authority shall not apply to any cancellation contained in an enacted disapproval bill (a bill or joint resolution of prescribed language which only disapproves one or more cancellations contained in a special message transmitted by the President). Directs the President, for each law from which a cancellation has been made, to transmit to the Congress a single special message identifying the amounts, items, and benefits cancelled and setting forth: (1) the President's determinations under this Act; (2) the reasons for the cancellation; (3) the estimated fiscal, economic, budgetary, and program effects; (4) the adjustments to discretionary spending limits and effects upon the sequestration procedures; and (5) with respect to the cancellation of any such amount or item, information on the affected Government entities, States, and congressional districts. Requires such special message to be transmitted to the House of Representatives and the Senate within five days after enactment of the law to which the cancellation applies. Makes any such cancellation effective on the date the special message is received in the House and Senate. Makes such cancellations that are disapproved by an enacted disapproval bill null and void. Requires the Office of Management and Budget to: (1) estimate the reduction in Federal budget authority and outlays that result from such a cancellation, including reductions to discretionary spending limits for each fiscal year; (2) estimate the deficit decrease that will result from such cancellation; and (3) reduce the Federal spending caps by the amount of such estimated reduction (after the expiration of the time period for congressional consideration of a disapproval bill, plus ten days). Requires the Director of the Congressional Budget Office to submit to the Senate and House Budget Committees an estimate of the reduction in budget authority and outlays resulting from a cancellation for each outyear. Outlines procedures and provides 30 days for the expedited congressional consideration of disapproval bills for cancellations in special messages received from the President. Defines a "limited tax benefit" as: (1) any revenue-losing provision which provides a Federal tax deduction, credit, exclusion, or preference to 100 or fewer beneficiaries; and (2) any Federal tax provision change which provides temporary or permanent transitional relief for ten or fewer beneficiaries. Specifies exceptions. Directs the Joint Committee on Taxation (JCT) to: (1) review any revenue or reconciliation bill or joint resolution which includes any amendment to the Internal Revenue Code (IRC) that is being prepared by a conference committee; (2) identify whether such bill or resolution contains any limited tax benefit; and (3) provide to the conference committee a statement identifying any limited tax benefit. Allows any revenue or reconciliation bill or joint resolution that amends the IRC and is reported by a conference committee to include as a separate section the information contained in the statement of the JCT. Limits the President's benefit cancellation authority to those benefits that are identified in such a statement or that meet the definition under this Act. Prohibits the judicial review of the identification of a limited tax benefit in a conference report. Provides for: (1) expedited review by the U.S. District Court for the District of Columbia of an action brought by a Member of Congress or an adversely affected individual on the ground that any provision of this Act violates the Constitution; (2) review of an order of such Court by appeal directly to the Supreme Court; and (3) expedited disposition of such matter by the Supreme Court. Makes this Act effective on the earlier of: (1) the day after the enactment of an Act to provide for a seven-year plan for deficit reduction and to achieve a balanced Federal budget; or (2) January 1, 1997. Terminates this Act on or after January 1, 2005.

36 Passed House amended May 7, 2001

Line Item Veto Act - Grants the President legislative line item veto rescission authority. Authorizes the President to rescind all or part of any discretionary budget authority or veto any targeted tax benefit if the President determines that such rescission: (1) would help reduce the Federal budget deficit; (2) will not impair any essential Government functions; and (3) will not harm the national interest. Requires the President to notify the Congress of such a rescission or veto by special message after enactment of an appropriation Act providing such budget authority or a revenue or reconciliation Act containing a targeted tax benefit. Allows the President in each special message to propose to reduce the appropriate discretionary spending limit by an amount that does not exceed the total amount of discretionary budget authority rescinded by that message. Requires the President to submit a separate special message for each appropriation Act and for each revenue or reconciliation Act. Makes such a rescission effective unless the Congress enacts a rescission-receipts disapproval bill. Describes: (1) information to be included in the President's message; and (2) procedures to govern consideration of rescission-receipts disapproval legislation in the Senate and the House of Representatives. Requires the Comptroller General, beginning January 6, 1996, and annually thereafter, to report to the Congress on: (1) a list of each proposed presidential rescission of discretionary budget authority and veto of a targeted tax benefit submitted through special messages for the fiscal year ending during the preceding calendar year, together with their dollar value, and an indication of whether each rescission of discretionary 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 vetoes of a targeted tax benefit submitted through special 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 targeted tax benefit submitted through special messages 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 discretionary budget authority initiated and accepted by Congress for the fiscal year ending during the preceding calendar year, together with their total dollar value; and (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 calendar year. Provides an expedited judicial review process for provisions of this Act.

35 Passed Senate amended May 7, 2001

Separate Enrollment and Line Item Veto Act of 1995 - Prohibits the Committee on Appropriations of either the House of Representatives or the Senate from reporting an appropriation measure that fails to contain the level of detail on the allocation of an item of appropriation proposed by that House as set forth in the accompanying committee report. Prohibits a congressional committee from reporting an authorization measure that contains new direct spending or new targeted tax benefits unless such measure presents such items separately and the accompanying committee report contains the necessary level of detail. Prohibits the filing of conference reports on appropriations measures that fail to contain the level of detail on the allocation of an item as set forth in the statement of managers accompanying such reports. (Sec. 3) Allows the waiver or appeal of such prohibitions by a three-fifths vote of the appropriate House. (Sec. 4) Requires separate enrollment of each item of appropriation or authorization in measures passed by both Houses in identical form. Provides for congressional consideration of such bills. (Sec. 6) Provides for expedited judicial review of provisions of this Act in the U.S. District Court for the District of Columbia and appeals to the Supreme Court of the United States. (Sec. 7) Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) and the Congressional Budget Act of 1974 to restrict the inclusion of nonemergency spending proposals in emergency spending legislation. Allows such proposals to contain rescissions of budget authority or provisions that reduce direct spending. (Sec. 8) Requires savings from rescissions bills to be used for deficit reduction. (Sec. 9) Requires the President to submit legislation for the periodic review, reauthorization, and sunset of tax expenditures with the FY 1997 budget. Requires the inclusion in the budget beginning with FY 1999 of a performance plan for measuring the overall effectiveness of tax expenditures, including a schedule for periodically assessing the effects of specific tax expenditures in achieving performance goals. Directs the Director of the Office of Management and Budget to include as a pilot project the periodic analyses of such goals and the relationship between tax expenditures and spending programs. Amends the Congressional Budget Act of 1974 to prohibit consideration in the House and the Senate of legislation that contains a tax expenditure unless the expenditure terminates not later than ten years after the date of its enactment. (Sec. 10) Makes this Act effective from the date of its enactment until September 30, 2000.

01 Reported to Senate with amendment(s) May 7, 2001

Legislative Line Item Veto Act of 1995 - Amends the Congressional Budget and Impoundment Control Act of 1974 to grant the President legislative line item veto rescission authority. Authorizes the President to rescind all or part of any budget authority, if the President determines that such rescission: (1) would help balance the Federal budget, reduce the Federal budget deficit, or reduce the public debt; (2) will not impair any essential Government functions; and (3) will not harm the national interest. Makes such a rescission effective unless the Congress, during a review period, enacts a rescission disapproval bill. Sets forth procedures to ensure deficit reduction if Congress fails to disapprove a rescission of discretionary spending within such review period. Describes: (1) information to be included in the President's message; and (2) procedures to govern consideration of rescission disapproval legislation.

00 Introduced in Senate May 7, 2001

Legislative Line Item Veto Act of 1995 - Amends the Congressional Budget and Impoundment Control Act of 1974 to grant the President legislative line item veto rescission authority. Authorizes the President to rescind all or part of any budget authority, if the President determines that such rescission: (1) would help balance the Federal budget, reduce the Federal budget deficit, or reduce the public debt; (2) will not impair any essential Government functions; and (3) will not harm the national interest. Makes such a rescission effective unless the Congress, during a review period, enacts a rescission disapproval bill.

Sponsors

Timeline

Apr 9, 1996

Signed by President.

Apr 9, 1996

Signed by President.

Apr 9, 1996

Became Public Law No: 104-130.

Apr 9, 1996

Became Public Law No: 104-130.

Mar 28, 1996

Message on Senate action sent to the House.

Mar 28, 1996

Conference report agreed to in House: House agreed to conference report pursuant to H. Res. 391.

Mar 28, 1996

House agreed to conference report pursuant to H. Res. 391.

Mar 28, 1996

Mr. Clinger brought up conference report H. Rept. 104-491 for consideration under the provisions of H. Res. 391.

Mar 28, 1996

Conference report agreed to in House: On agreeing to the conference report Agreed to without objection.(consideration: CR H2972-2986)

Mar 28, 1996

On agreeing to the conference report Agreed to without objection. (consideration: CR H2972-2986)

Mar 28, 1996

Motion to reconsider laid on the table Agreed to without objection.

Mar 28, 1996

Presented to President.

Mar 28, 1996

Presented to President.

Mar 27, 1996

Conference report considered in Senate.

Mar 27, 1996

Motion to recommit conference report with instructions entered in Senate.

Mar 27, 1996

Motion to recommit conference report tabled in Senate by Yea-Nay Vote. 58-42. Record Vote No: 55. (consideration: CR S2978)

Mar 27, 1996

Conference report agreed to in Senate: Senate agreed to conference report by Yea-Nay Vote. 69-31. Record Vote No: 56.(consideration: CR S2995)

Mar 27, 1996

Senate agreed to conference report by Yea-Nay Vote. 69-31. Record Vote No: 56. (consideration: CR S2995)

Mar 21, 1996

Conference committee actions: Conferees agreed to file conference report.

Mar 21, 1996

Conferees agreed to file conference report.

Mar 21, 1996

Conference papers: Senate report and managers' statement and official papers held at the desk in Senate.

Mar 21, 1996

Conference report filed: Conference report H. Rept. 104-491 filed.(text of conference report: CR H2640-2652)

Mar 21, 1996

Conference report H. Rept. 104-491 filed. (text of conference report: CR H2640-2652)

Oct 25, 1995

Mr. Deutsch moved that the House instruct conferees.

Oct 25, 1995

DEBATE - The House proceeded with one hour of debate on the motion to instruct conferees on the part of the House to insist upon the inclusion of provisions to require that the bill apply to the targeted tax benefit provisions of any revenue or reconciliation bill enacted into law during fiscal year 1995.

Oct 25, 1995

On motion that the House instruct conferees Agreed to by the Yeas and Nays: 381 - 44 (Roll no. 736). (consideration: CR H10773-10779)

Oct 24, 1995

Mr. Deutsch announced his intention to offer a motion on October 25, 1995, to instruct conferees on the part of the House to insist upon the inclusion of provisions to require that the bill apply to the targeted tax benefit provisions of any revenue or reconciliation bill enacted into law during fiscal year 1995.

Sep 27, 1995

Conference committee actions: Conference held.

Sep 27, 1995

Conference held.

Sep 20, 1995

Message on Senate action sent to the House.

Sep 7, 1995

Mr. Clinger moved that the House insist upon its amendments, and agree to a conference.

Sep 7, 1995

DEBATE - The House proceeded with one hour of debate on the motion.

Sep 7, 1995

The previous question was ordered without objection.

Sep 7, 1995

On motion that the House insist upon its amendments, and agree to a conference Agreed to by voice vote. (consideration: CR H8605)

Sep 7, 1995

Mr. Wise moved that the House instruct conferees.

Sep 7, 1995

DEBATE - The House proceeded with one hour of debate on the Wise motion to instruct conferees to make the bill applicable to current and subsequent fiscal year appropriation measures.

Sep 7, 1995

The previous question was ordered without objection.

Sep 7, 1995

On motion that the House instruct conferees Agreed to by voice vote. (consideration: CR H8608)

Sep 7, 1995

The Speaker appointed conferees: Clinger, Solomon, Bunning, Goss, Blute, Collins (IL), Sabo, and Beilenson.

Sep 7, 1995

Motion to reconsider laid on the table Agreed to without objection.

Jun 26, 1995

Message on Senate action sent to the House.

Jun 20, 1995

Senate disagreed to House amendments requested conference and appointed conferees. Stevens; Roth; Thompson; Cochran; McCain; Glenn; Levin; Pryor; Sarbanes; Domenici; Grassley; Nickles; Gramm; Coats; Exon; Hollings; Johnston; Dodd. (consideration: CR S8717)

May 18, 1995

Message on House action received in Senate and at the desk: House amendments to Senate bill.

May 17, 1995

Mr. Clinger asked unanimous consent that it be in order to consider in the House a motion to take from the Speaker's table the bill S. 4, to strike all after the enacting clause and insert the text of H.R. 2, as passed by the House; that the motion be debatable for not to exceed one hour; and that the previous question be ordered on the motion to final adoption without intervening motion except for one motion to commit. Agreed to without objection.

May 17, 1995

Mr. Clinger moved to take S. 4 from the Speaker's table, and to strike all after the enacting clause of the Senate bill, and insert the text of H.R. 450 as passed by the House.

May 17, 1995

DEBATE - Pursuant to the previous unanimous consent agreement, the House proceeded with one hour of debate on the motion to take the bill, S. 4, from the Speaker's table, strike all after the enacting clause and insert in lieu the text of H.R. 2, as passed by the House.

May 17, 1995

The previous question on the motion was ordered pursuant to a previous order of the house

May 17, 1995

On motion to consider Agreed to by voice vote.

May 17, 1995

Considered by motion. (consideration: CR H5090-5097)

May 17, 1995

The House struck all after the enacting clause and inserted in lieu thereof the provisions of a similar measure H.R. 2.

May 17, 1995

Passed/agreed to in House: On passage Passed without objection.

May 17, 1995

On passage Passed without objection.

May 17, 1995

The title of the measure was amended to that of similar measure H.R. 2. Agreed to without objection.

May 17, 1995

Motion to reconsider laid on the table Agreed to without objection.

May 16, 1995

Rules Committee Resolution H. Res. 147 Reported to House. Rule provides for consideration of S. 4 with 1 hour of general debate. Motion to recommit allowed. Making in order a motion to take the bill from the Speaker's table, and to strike all after the enacting clause and insert the text of H.R. 2 as passed by the House.

Mar 28, 1995

Message on Senate action sent to the House.

Mar 28, 1995

Received in the House.

Mar 28, 1995

Held at the desk.

Mar 23, 1995

Considered by Senate. (consideration: CR S4409-4486)

Mar 23, 1995

Passed/agreed to in Senate: Passed Senate with an amendment by Yea-Nay Vote. 69-29. Record Vote No: 115.

Mar 23, 1995

Passed Senate with an amendment by Yea-Nay Vote. 69-29. Record Vote No: 115.

Mar 22, 1995

Considered by Senate. (consideration: CR S4301-4358)

Mar 22, 1995

The first and second cloture motions on SP 347 were vitiated by Unanimous Consent.

Mar 21, 1995

Considered by Senate. (consideration: CR S4210, S4212-4260, S4293)

Mar 21, 1995

Second cloture motion on amendment SP 347 presented in Senate. (consideration: CR S4212)

Mar 20, 1995

Measure laid before Senate by unanimous consent. (consideration: CR S4187-4196)

Mar 20, 1995

The reported Budget Committee amendments were withdrawn in Senate.

Mar 20, 1995

Cloture motion on SP 347 presented in Senate. (consideration: CR S4196)

Mar 7, 1995

Committee on Governmental Affairs. Reported to Senate by Senator Roth without recommendation without amendment. With written report No. 104-13. Additional views filed.

Mar 7, 1995

Committee on Governmental Affairs. Reported to Senate by Senator Roth without recommendation without amendment. With written report No. 104-13. Additional views filed.

Mar 7, 1995

Placed on Senate Legislative Calendar under General Orders. Calendar No. 26.

Mar 2, 1995

Committee on Governmental Affairs. Ordered to be reported without amendment without recommendation.

Feb 27, 1995

Committee on Budget. Reported to Senate by Senator Domenici without recommendation with amendments. With written report No. 104-9. Additional and minority views filed.

Feb 27, 1995

Committee on Budget. Reported to Senate by Senator Domenici without recommendation with amendments. With written report No. 104-9. Additional and minority views filed.

Feb 23, 1995

Committee on Governmental Affairs. Hearings held. Hearings printed: S.Hrg. 104-391.

Feb 14, 1995

Committee on Budget. Ordered to be reported with amendments without recommendation.

Jan 18, 1995

Committee on Budget. Hearings held.

Jan 4, 1995

Introduced in Senate

Jan 4, 1995

Sponsor introductory remarks on measure. (CR S97)

Jan 4, 1995

Read twice and referred jointly to the Committees on Budget; Governmental Affairs pursuant to the order of August 4, 1977, with instructions that if one Committee reports, the other Committee have thirty days to report or be discharged.

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