US (United States) Code. Title 2. Chapter 17B: Impoundment control and line item veto

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # The Congress

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-CITE-

2 USC CHAPTER 17B - IMPOUNDMENT CONTROL AND LINE ITEM

VETO 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 17B - IMPOUNDMENT CONTROL AND LINE ITEM VETO

.

-HEAD-

CHAPTER 17B - IMPOUNDMENT CONTROL AND LINE ITEM VETO

-MISC1-

SUBCHAPTER I - GENERAL PROVISIONS

Sec.

681. Disclaimer.

SUBCHAPTER II - CONGRESSIONAL CONSIDERATION OF PROPOSED

RESCISSIONS, RESERVATIONS, AND DEFERRALS OF BUDGET AUTHORITY

682. Definitions.

683. Rescission of budget authority.

(a) Transmittal of special message.

(b) Requirement to make available for obligation.

684. Proposed deferrals of budget authority.

(a) Transmittal of special message.

(b) Consistency with legislative policy.

(c) Exception.

685. Transmission of messages; publication.

(a) Delivery to House and Senate.

(b) Delivery to Comptroller General.

(c) Transmission of supplementary messages.

(d) Printing in Federal Register.

(e) Cumulative reports of proposed rescissions,

reservations, and deferrals of budget

authority.

686. Reports by Comptroller General.

(a) Failure to transmit special message.

(b) Incorrect classification of special message.

687. Suits by Comptroller General.

688. Procedure in House of Representatives and Senate.

(a) Referral.

(b) Discharge of committee.

(c) Floor consideration in House.

(d) Floor consideration in Senate.

SUBCHAPTER III - LINE ITEM VETO

691. Line item veto authority.

(a) In general.

(b) Identification of cancellations.

(c) Exception for disapproval bills.

691a. Special messages.

(a) In general.

(b) Contents.

(c) Transmission of special messages to House and

Senate.

691b. Cancellation effective unless disapproved.

(a) In general.

(b) Commensurate reductions in discretionary budget

authority.

691c. Deficit reduction.

(a) In general.

(b) Adjustments to spending limits.

(c) Exception.

(d) Congressional Budget Office estimates.

691d. Expedited congressional consideration of disapproval bills.

(a) Receipt and referral of special message.

(b) Time period for expedited procedures.

(c) Introduction of disapproval bills.

(d) Consideration in House of Representatives.

(e) Consideration in Senate.

(f) Consideration in conference.

691e. Definitions.

691f. Identification of limited tax benefits.

(a) Statement by Joint Tax Committee.

(b) Statement included in legislation.

(c) President's authority.

(d) Congressional identifications of limited tax

benefits.

692. Judicial review.

(a) Expedited review.

(b) Appeal to Supreme Court.

(c) Expedited consideration.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in title 22 section 3224a; title 31

section 1512.

-CITE-

2 USC SUBCHAPTER I - GENERAL PROVISIONS 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 17B - IMPOUNDMENT CONTROL AND LINE ITEM VETO

SUBCHAPTER I - GENERAL PROVISIONS

.

-HEAD-

SUBCHAPTER I - GENERAL PROVISIONS

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 691 of this title.

-CITE-

2 USC Sec. 681 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 17B - IMPOUNDMENT CONTROL AND LINE ITEM VETO

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 681. Disclaimer

-STATUTE-

Nothing contained in this Act, or in any amendments made by this

Act, shall be construed as -

(1) asserting or conceding the constitutional powers or

limitations of either the Congress or the President;

(2) ratifying or approving any impoundment heretofore or

hereafter executed or approved by the President or any other

Federal officer or employee, except insofar as pursuant to

statutory authorization then in effect;

(3) affecting in any way the claims or defenses of any party to

litigation concerning any impoundment; or

(4) superseding any provision of law which requires the

obligation of budget authority or the making of outlays

thereunder.

-SOURCE-

(Pub. L. 93-344, title X, Sec. 1001, July 12, 1974, 88 Stat. 332.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in provision preceding par. (1), means Pub.

L. 93-344, July 12, 1974, 88 Stat. 297, as amended, known as the

Congressional Budget and Impoundment Control Act of 1974, which

enacted chapters 17, 17A, and 17B, and section 190a-3 of this title

and sections 11a, 11c, 11d, 1020a of former Title 31, amended

sections 11, 665, 701, 1020, 1151, 1152, 1153, and 1154 of former

Title 31, section 105 of Title 1, General Provisions, sections 190b

and 190d of this title, repealed sections 571 and 581c-1 of former

Title 31 and sections 66 and 81 of this title, and enacted

provisions set out as notes under sections 190a-1, 621, 632, and

682 of this title, section 105 of Title 1, and section 1020 of

former Title 31. For complete classification of this Act to the

Code, see Short Title note set out under section 621 of this title

and Tables.

-COD-

CODIFICATION

Section was formerly classified to section 1400 of Title 31 prior

to the general revision and enactment of Title 31, Money and

Finance, by Pub. L. 97-258, Sec. 1, Sept. 13, 1982, 96 Stat. 877.

-MISC3-

EFFECTIVE DATE

Chapter effective July 12, 1974, see section 905(a) of Pub. L.

93-344, formerly set out as a note under section 621 of this title.

SHORT TITLE OF 1996 AMENDMENT

Pub. L. 104-130, Sec. 1, Apr. 9, 1996, 110 Stat. 1200, provided

that: ''This Act (enacting subchapter III (Sec. 691 et seq.) of

this chapter and provisions set out as a note under section 691 of

this title and amending provisions set out as notes under section

621 of this title) may be cited as the 'Line Item Veto Act'.''

SHORT TITLE

Section 1(a) of Pub. L. 93-344 (set out as a note under section

621 of this title) provided, in part, that: ''Parts A and B of

title X (subchapters I and II of this chapter) may be cited as the

'Impoundment Control Act of 1974'. Part C of title X (subchapter

III of this chapter) may be cited as the 'Line Item Veto Act of

1996'.''

-CITE-

2 USC SUBCHAPTER II - CONGRESSIONAL CONSIDERATION OF

PROPOSED RESCISSIONS, RESERVATIONS, AND

DEFERRALS OF BUDGET AUTHORITY 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 17B - IMPOUNDMENT CONTROL AND LINE ITEM VETO

SUBCHAPTER II - CONGRESSIONAL CONSIDERATION OF PROPOSED

RESCISSIONS, RESERVATIONS, AND DEFERRALS OF BUDGET AUTHORITY

.

-HEAD-

SUBCHAPTER II - CONGRESSIONAL CONSIDERATION OF PROPOSED

RESCISSIONS, RESERVATIONS, AND DEFERRALS OF BUDGET AUTHORITY

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 691 of this title.

-CITE-

2 USC Sec. 682 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 17B - IMPOUNDMENT CONTROL AND LINE ITEM VETO

SUBCHAPTER II - CONGRESSIONAL CONSIDERATION OF PROPOSED

RESCISSIONS, RESERVATIONS, AND DEFERRALS OF BUDGET AUTHORITY

-HEAD-

Sec. 682. Definitions

-STATUTE-

For purposes of sections 682 to 688 of this title -

(1) ''deferral of budget authority'' includes -

(A) withholding or delaying the obligation or expenditure of

budget authority (whether by establishing reserves or

otherwise) provided for projects or activities; or

(B) any other type of Executive action or inaction which

effectively precludes the obligation or expenditure of budget

authority, including authority to obligate by contract in

advance of appropriations as specifically authorized by law;

(2) ''Comptroller General'' means the Comptroller General of

the United States;

(3) ''rescission bill'' means a bill or joint resolution which

only rescinds, in whole or in part, budget authority proposed to

be rescinded in a special message transmitted by the President

under section 683 of this title, and upon which the Congress

completes action before the end of the first period of 45

calendar days of continuous session of the Congress after the

date on which the President's message is received by the

Congress;

(4) ''impoundment resolution'' means a resolution of the House

of Representatives or the Senate which only expresses its

disapproval of a proposed deferral of budget authority set forth

in a special message transmitted by the President under section

684 of this title; and

(5) continuity of a session of the Congress shall be considered

as broken only by an adjournment of the Congress sine die, and

the days on which either House is not in session because of an

adjournment of more than 3 days to a day certain shall be

excluded in the computation of the 45-day period referred to in

paragraph (3) of this section and in section 683 of this title,

and the 25-day periods referred to in sections 687 and 688(b)(1)

of this title. If a special message is transmitted under section

683 of this title during any Congress and the last session of

such Congress adjourns sine die before the expiration of 45

calendar days of continuous session (or a special message is so

transmitted after the last session of the Congress adjourns sine

die), the message shall be deemed to have been retransmitted on

the first day of the succeeding Congress and the 45-day period

referred to in paragraph (3) of this section and in section 683

of this title (with respect to such message) shall commence on

the day after such first day.

-SOURCE-

(Pub. L. 93-344, title X, Sec. 1011, July 12, 1974, 88 Stat. 333.)

-COD-

CODIFICATION

Section was formerly classified to section 1401 of Title 31 prior

to the general revision and enactment of Title 31, Money and

Finance, by Pub. L. 97-258, Sec. 1, Sept. 13, 1982, 96 Stat. 877.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 45 sections 721, 726.

-CITE-

2 USC Sec. 683 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 17B - IMPOUNDMENT CONTROL AND LINE ITEM VETO

SUBCHAPTER II - CONGRESSIONAL CONSIDERATION OF PROPOSED

RESCISSIONS, RESERVATIONS, AND DEFERRALS OF BUDGET AUTHORITY

-HEAD-

Sec. 683. Rescission of budget authority

-STATUTE-

(a) Transmittal of special message

Whenever the President determines that all or part of any budget

authority will not be required to carry out the full objectives or

scope of programs for which it is provided or that such budget

authority should be rescinded for fiscal policy or other reasons

(including the termination of authorized projects or activities for

which budget authority has been provided), or whenever all or part

of budget authority provided for only one fiscal year is to be

reserved from obligation for such fiscal year, the President shall

transmit to both Houses of Congress a special message specifying -

(1) the amount of budget authority which he proposes to be

rescinded or which is to be so reserved;

(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 why the budget authority should be rescinded or

is to be so reserved;

(4) to the maximum extent practicable, the estimated fiscal,

economic, and budgetary effect of the proposed rescission or of

the reservation; and

(5) all facts, circumstances, and considerations relating to or

bearing upon the proposed rescission or the reservation and the

decision to effect the proposed rescission or the reservation,

and to the maximum extent practicable, the estimated effect of

the proposed rescission or the reservation upon the objects,

purposes, and programs for which the budget authority is

provided.

(b) Requirement to make available for obligation

Any amount of budget authority proposed to be rescinded or that

is to be reserved as set forth in such special message shall be

made available for obligation unless, within the prescribed 45-day

period, the Congress has completed action on a rescission bill

rescinding all or part of the amount proposed to be rescinded or

that is to be reserved. Funds made available for obligation under

this procedure may not be proposed for rescission again.

-SOURCE-

(Pub. L. 93-344, title X, Sec. 1012, July 12, 1974, 88 Stat. 333;

Pub. L. 100-119, title II, Sec. 207, Sept. 29, 1987, 101 Stat.

786.)

-COD-

CODIFICATION

Section was formerly classified to section 1402 of Title 31 prior

to the general revision and enactment of Title 31, Money and

Finance, by Pub. L. 97-258, Sec. 1, Sept. 13, 1982, 96 Stat. 877.

-MISC3-

AMENDMENTS

1987 - Subsec. (b). Pub. L. 100-119 inserted at end ''Funds made

available for obligation under this procedure may not be proposed

for rescission again.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 682, 684, 685, 686 of

this title.

-CITE-

2 USC Sec. 684 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 17B - IMPOUNDMENT CONTROL AND LINE ITEM VETO

SUBCHAPTER II - CONGRESSIONAL CONSIDERATION OF PROPOSED

RESCISSIONS, RESERVATIONS, AND DEFERRALS OF BUDGET AUTHORITY

-HEAD-

Sec. 684. Proposed deferrals of budget authority

-STATUTE-

(a) Transmittal of special message

Whenever the President, the Director of the Office of Management

and Budget, the head of any department or agency of the United

States, or any officer or employee of the United States proposes to

defer any budget authority provided for a specific purpose or

project, the President shall transmit to the House of

Representatives and the Senate a special message specifying -

(1) the amount of the budget authority proposed to be deferred;

(2) any account, department, or establishment of the Government

to which such budget authority is available for obligation, and

the specific projects or governmental functions involved;

(3) the period of time during which the budget authority is

proposed to be deferred;

(4) the reasons for the proposed deferral, including any legal

authority invoked to justify the proposed deferral;

(5) to the maximum extent practicable, the estimated fiscal,

economic, and budgetary effect of the proposed deferral; and

(6) all facts, circumstances, and considerations relating to or

bearing upon the proposed deferral and the decision to effect the

proposed deferral, including an analysis of such facts,

circumstances, and considerations in terms of their application

to any legal authority, including specific elements of legal

authority, invoked to justify such proposed deferral, and to the

maximum extent practicable, the estimated effect of the proposed

deferral upon the objects, purposes, and programs for which the

budget authority is provided.

A special message may include one or more proposed deferrals of

budget authority. A deferral may not be proposed for any period of

time extending beyond the end of the fiscal year in which the

special message proposing the deferral is transmitted to the House

and the Senate.

(b) Consistency with legislative policy

Deferrals shall be permissible only -

(1) to provide for contingencies;

(2) to achieve savings made possible by or through changes in

requirements or greater efficiency of operations; or

(3) as specifically provided by law.

No officer or employee of the United States may defer any budget

authority for any other purpose.

(c) Exception

The provisions of this section do not apply to any budget

authority proposed to be rescinded or that is to be reserved as set

forth in a special message required to be transmitted under section

683 of this title.

-SOURCE-

(Pub. L. 93-344, title X, Sec. 1013, July 12, 1974, 88 Stat. 334;

Pub. L. 100-119, title II, Sec. 206(a), Sept. 29, 1987, 101 Stat.

785.)

-COD-

CODIFICATION

Section was formerly classified to section 1403 of Title 31 prior

to the general revision and enactment of Title 31, Money and

Finance, by Pub. L. 97-258, Sec. 1, Sept. 13, 1982, 96 Stat. 877.

-MISC3-

AMENDMENTS

1987 - Pub. L. 100-119 amended section generally, substituting

substantially similar provisions in subsecs. (a) and (c) and

substituting subsec. (b) for former subsec. (b) which read as

follows: ''Any amount of budget authority proposed to be deferred,

as set forth in a special message transmitted under subsection (a)

of this section, shall be made available for obligation if either

House of Congress passes an impoundment resolution disapproving

such proposed deferral.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 682, 685, 686 of this

title.

-CITE-

2 USC Sec. 685 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 17B - IMPOUNDMENT CONTROL AND LINE ITEM VETO

SUBCHAPTER II - CONGRESSIONAL CONSIDERATION OF PROPOSED

RESCISSIONS, RESERVATIONS, AND DEFERRALS OF BUDGET AUTHORITY

-HEAD-

Sec. 685. Transmission of messages; publication

-STATUTE-

(a) Delivery to House and Senate

Each special message transmitted under section 683 or 684 of this

title shall be transmitted to the House of Representatives and the

Senate on the same day, and shall be delivered to the 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. Each

special message so transmitted shall be referred to the appropriate

committee of the House of Representatives and the Senate. Each such

message shall be printed as a document of each House.

(b) Delivery to Comptroller General

A copy of each special message transmitted under section 683 or

684 of this title, shall be transmitted to the Comptroller General

on the same day it is transmitted to the House of Representatives

and the Senate. In order to assist the Congress in the exercise of

its functions under section 683 or 684 of this title, the

Comptroller General shall review each such message and inform the

House of Representatives and the Senate as promptly as practicable

with respect to -

(1) in the case of a special message transmitted under section

683 of this title, the facts surrounding the proposed rescission

or the reservation of budget authority (including the probable

effects thereof); and

(2) in the case of a special message transmitted under section

684 of this title, (A) the facts surrounding each proposed

deferral of budget authority (including the probable effects

thereof) and (B) whether or not (or to what extent), in his

judgment, such proposed deferral is in accordance with existing

statutory authority.

(c) Transmission of supplementary messages

If any information contained in a special message transmitted

under section 683 or 684 of this title is subsequently revised, the

President shall transmit to both Houses of Congress and the

Comptroller General a supplementary message stating and explaining

such revision. Any such supplementary message shall be delivered,

referred, and printed as provided in subsection (a) of this

section. The Comptroller General shall promptly notify the House

of Representatives and the Senate of any changes in the information

submitted by him under subsection (b) of this section which may be

necessitated by such revision.

(d) Printing in Federal Register

Any special message transmitted under section 683 or 684 of this

title, and any supplementary message transmitted under subsection

(c) of this section, shall be printed in the first issue of the

Federal Register published after such transmittal.

(e) Cumulative reports of proposed rescissions, reservations, and

deferrals of budget authority

(1) The President shall submit a report to the House of

Representatives and the Senate, not later than the 10th day of each

month during a fiscal year, listing all budget authority for that

fiscal year with respect to which, as of the first day of such

month -

(A) he has transmitted a special message under section 683 of

this title with respect to a proposed rescission or a

reservation; and

(B) he has transmitted a special message under section 684 of

this title proposing a deferral.

Such report shall also contain, with respect to each such proposed

rescission or deferral, or each such reservation, the information

required to be submitted in the special message with respect

thereto under section 683 or 684 of this title.

(2) Each report submitted under paragraph (1) shall be printed in

the first issue of the Federal Register published after its

submission.

-SOURCE-

(Pub. L. 93-344, title X, Sec. 1014, July 12, 1974, 88 Stat. 335.)

-COD-

CODIFICATION

Section was formerly classified to section 1404 of Title 31 prior

to the general revision and enactment of Title 31, Money and

Finance, by Pub. L. 97-258, Sec. 1, Sept. 13, 1982, 96 Stat. 877.

-EXEC-

EX. ORD. NO. 11845. DELEGATION OF CERTAIN REPORTING FUNCTIONS TO

DIRECTOR OF OFFICE OF MANAGEMENT AND BUDGET

Ex. Ord. No. 11845, Mar. 24, 1975, 40 F.R. 13299, as amended by

Ex. Ord. No. 12608, Sept. 9, 1987, 52 F.R. 34617, provided:

By virtue of the authority vested in me by the Impoundment

Control Act of 1974 (Public Law 93-344; 88 Stat. 332, (2 U.S.C. 681

et seq.), hereinafter referred to as the Act) (subchapters I and II

of this chapter), and section 301 of title 3 of the United States

Code, the Director of the Office of Management and Budget is hereby

designated and empowered to exercise, as of October 1, 1974 without

ratification or other action of the President (1) the functions

required by sections 1014(b) and 1014(d) of the Act (subsecs. (b)

and (d) of this section) of transmitting to the Comptroller General

of the United States and to the Office of the Federal Register

copies of special messages transmitted pursuant to section 1012 or

1013 (2 U.S.C. 683 and 684) of the Act; and (2) the function

conferred upon the President by section 1014(e) of the Act (2

U.S.C. 685(e)) of submitting to the Congress cumulative reports of

proposed rescissions, reservations, and deferrals of budget

authority.

-CITE-

2 USC Sec. 686 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 17B - IMPOUNDMENT CONTROL AND LINE ITEM VETO

SUBCHAPTER II - CONGRESSIONAL CONSIDERATION OF PROPOSED

RESCISSIONS, RESERVATIONS, AND DEFERRALS OF BUDGET AUTHORITY

-HEAD-

Sec. 686. Reports by Comptroller General

-STATUTE-

(a) Failure to transmit special message

If the Comptroller General finds that the President, the Director

of the Office of Management and Budget, the head of any department

or agency of the United States, or any other officer or employee of

the United States -

(1) is to establish a reserve or proposes to defer budget

authority with respect to which the President is required to

transmit a special message under section 683 or 684 of this

title; or

(2) has ordered, permitted, or approved the establishment of

such a reserve or a deferral of budget authority;

and that the President has failed to transmit a special message

with respect to such reserve or deferral, the Comptroller General

shall make a report on such reserve or deferral and any available

information concerning it to both Houses of Congress. The

provisions of sections 682 to 688 of this title shall apply with

respect to such reserve or deferral in the same manner and with the

same effect as if such report of the Comptroller General were a

special message transmitted by the President under section 683 or

684 of this title, and, for purposes of sections 682 to 688 of this

title, such report shall be considered a special message

transmitted under section 683 or 684 of this title.

(b) Incorrect classification of special message

If the President has transmitted a special message to both Houses

of Congress in accordance with section 683 or 684 of this title,

and the Comptroller General believes that the President so

transmitted the special message in accordance with one of those

sections when the special message should have been transmitted in

accordance with the other of those sections, the Comptroller

General shall make a report to both Houses of the Congress setting

forth his reasons.

-SOURCE-

(Pub. L. 93-344, title X, Sec. 1015, July 12, 1974, 88 Stat. 336.)

-COD-

CODIFICATION

Section was formerly classified to section 1405 of Title 31 prior

to the general revision and enactment of Title 31, Money and

Finance, by Pub. L. 97-258, Sec. 1, Sept. 13, 1982, 96 Stat. 877.

-MISC3-

REAFFIRMATION

Pub. L. 100-119, title II, Sec. 206(c), Sept. 29, 1987, 101 Stat.

786, provided that: ''Sections 1015 and 1016 of the Impoundment

Control Act of 1974 (2 U.S.C. 686, 687) are reaffirmed.''

-CITE-

2 USC Sec. 687 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 17B - IMPOUNDMENT CONTROL AND LINE ITEM VETO

SUBCHAPTER II - CONGRESSIONAL CONSIDERATION OF PROPOSED

RESCISSIONS, RESERVATIONS, AND DEFERRALS OF BUDGET AUTHORITY

-HEAD-

Sec. 687. Suits by Comptroller General

-STATUTE-

If, under this chapter, budget authority is required to be made

available for obligation and such budget authority is not made

available for obligation, the Comptroller General is hereby

expressly empowered, through attorneys of his own selection, to

bring a civil action in the United States District Court for the

District of Columbia to require such budget authority to be made

available for obligation, and such court is hereby expressly

empowered to enter in such civil action, against any department,

agency, officer, or employee of the United States, any decree,

judgment, or order which may be necessary or appropriate to make

such budget authority available for obligation. No civil action

shall be brought by the Comptroller General under this section

until the expiration of 25 calendar days of continuous session of

the Congress following the date on which an explanatory statement

by the Comptroller General of the circumstances giving rise to the

action contemplated has been filed with the Speaker of the House of

Representatives and the President of the Senate.

-SOURCE-

(Pub. L. 93-344, title X, Sec. 1016, July 12, 1974, 88 Stat. 336;

Pub. L. 98-620, title IV, Sec. 402(35), Nov. 8, 1984, 98 Stat.

3360; Pub. L. 100-119, title II, Sec. 206(b), Sept. 29, 1987, 101

Stat. 786.)

-COD-

CODIFICATION

Section was formerly classified to section 1406 of Title 31 prior

to the general revision and enactment of Title 31, Money and

Finance, by Pub. L. 97-258, Sec. 1, Sept. 13, 1982, 96 Stat. 877.

-MISC3-

AMENDMENTS

1987 - Pub. L. 100-119 substituted ''If, under this chapter'' for

''If, under section 683(b) or 684(b) of this title''.

1984 - Pub. L. 98-620 struck out provision requiring that the

courts give precedence to civil actions brought under this section,

and to appeals and writs from decisions in such actions, over all

other civil actions, appeals, and writs.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-620 not applicable to cases pending on

Nov. 8, 1984, see section 403 of Pub. L. 98-620, set out as an

Effective Date note under section 1657 of Title 28, Judiciary and

Judicial Procedure.

REAFFIRMATION

For provision reaffirming this section, see section 206(c) of

Pub. L. 100-119, set out as a note under section 686 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 682 of this title.

-CITE-

2 USC Sec. 688 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 17B - IMPOUNDMENT CONTROL AND LINE ITEM VETO

SUBCHAPTER II - CONGRESSIONAL CONSIDERATION OF PROPOSED

RESCISSIONS, RESERVATIONS, AND DEFERRALS OF BUDGET AUTHORITY

-HEAD-

Sec. 688. Procedure in House of Representatives and Senate

-STATUTE-

(a) Referral

Any rescission bill introduced with respect to a special message

or impoundment resolution introduced with respect to a proposed

deferral of budget authority shall be referred to the appropriate

committee of the House of Representatives or the Senate, as the

case may be.

(b) Discharge of committee

(1) If the committee to which a rescission bill or impoundment

resolution has been referred has not reported it at the end of 25

calendar days of continuous session of the Congress after its

introduction, it is in order to move either to discharge the

committee from further consideration of the bill or resolution or

to discharge the committee from further consideration of any other

rescission bill with respect to the same special message or

impoundment resolution with respect to the same proposed deferral,

as the case may be, which has been referred to the committee.

(2) A motion to discharge may be made only by an individual

favoring the bill or resolution, may be made only if supported by

one-fifth of the Members of the House involved (a quorum being

present), and is highly privileged in the House and privileged in

the Senate (except that it may not be made after the committee has

reported a bill or resolution with respect to the same special

message or the same proposed deferral, as the case may be); and

debate thereon shall be limited to not more than 1 hour, the time

to be divided in the House equally between those favoring and those

opposing the bill or resolution, and to be divided in the Senate

equally between, and controlled by, the majority leader and the

minority leader or their designees. An amendment to the motion is

not in order, and it is not in order to move to reconsider the vote

by which the motion is agreed to or disagreed to.

(c) Floor consideration in House

(1) When the committee of the House of Representatives has

reported, or has been discharged from further consideration of, a

rescission bill or impoundment resolution, it shall at any time

thereafter be in order (even though a previous motion to the same

effect has been disagreed to) to move to proceed to the

consideration of the bill or resolution. The motion shall be

highly privileged and not debatable. An amendment to the motion

shall not be in order, nor shall it be in order to move to

reconsider the vote by which the motion is agreed to or disagreed

to.

(2) Debate on a rescission bill or impoundment resolution shall

be limited to not more than 2 hours, which shall be divided equally

between those favoring and those opposing the bill or resolution.

A motion further to limit debate shall not be debatable. In the

case of an impoundment resolution, no amendment to, or motion to

recommit, the resolution shall be in order. It shall not be in

order to move to reconsider the vote by which a rescission bill or

impoundment resolution is agreed to or disagreed to.

(3) Motions to postpone, made with respect to the consideration

of a rescission bill or impoundment resolution, and motions to

proceed to the consideration of other business, shall be decided

without debate.

(4) All appeals from the decisions of the Chair relating to the

application of the Rules of the House of Representatives to the

procedure relating to any rescission bill or impoundment resolution

shall be decided without debate.

(5) Except to the extent specifically provided in the preceding

provisions of this subsection, consideration of any rescission bill

or impoundment resolution and amendments thereto (or any conference

report thereon) shall be governed by the Rules of the House of

Representatives applicable to other bills and resolutions,

amendments, and conference reports in similar circumstances.

(d) Floor consideration in Senate

(1) Debate in the Senate on any rescission bill or impoundment

resolution, and all amendments thereto (in the case of a rescission

bill) and debatable motions and appeals in connection therewith,

shall be limited to not more than 10 hours. The time shall be

equally divided between, and controlled by, the majority leader and

the minority leader or their designees.

(2) Debate in the Senate on any amendment to a rescission bill

shall be limited to 2 hours, to be equally divided between, and

controlled by, the mover and the manager of the bill. Debate on

any amendment to an amendment, to such a bill, and debate on any

debatable motion or appeal in connection with such a bill or an

impoundment resolution shall be limited to 1 hour, to be equally

divided between, and controlled by, the mover and the manager of

the bill or resolution, except that in the event the manager of the

bill or resolution is in favor of any such amendment, motion, or

appeal, the time in opposition thereto, shall be controlled by the

minority leader or his designee. No amendment that is not germane

to the provisions of a rescission bill shall be received. Such

leaders, or either of them, may, from the time under their control

on the passage of a rescission bill or impoundment resolution,

allot additional time to any Senator during the consideration of

any amendment, debatable motion, or appeal.

(3) A motion to further limit debate is not debatable. In the

case of a rescission bill, a motion to recommit (except a motion to

recommit with instructions to report back within a specified number

of days, not to exceed 3, not counting any day on which the Senate

is not in session) is not in order. Debate on any such motion to

recommit shall be limited to one hour, to be equally divided

between, and controlled by, the mover and the manager of the

concurrent resolution. In the case of an impoundment resolution,

no amendment or motion to recommit is in order.

(4) The conference report on any rescission bill shall be in

order in the Senate at any time after the third day (excluding

Saturdays, Sundays, and legal holidays) following the day on which

such a conference report is reported and is available to Members of

the Senate. A motion to proceed to the consideration of the

conference report may be made even though a previous motion to the

same effect has been disagreed to.

(5) During the consideration in the Senate of the conference

report on any rescission bill, debate shall be limited to 2 hours

to be equally divided between, and controlled by, the majority

leader and minority leader or their designees. Debate on any

debatable motion or appeal related to the conference report shall

be limited to 30 minutes, to be equally divided between, and

controlled by, the mover and the manager of the conference report.

(6) Should the conference report be defeated, debate on any

request for a new conference and the appointment of conferees shall

be limited to one hour, to be equally divided between, and

controlled by, the manager of the conference report and the

minority leader or his designee, and should any motion be made to

instruct the conferees before the conferees are named, debate on

such motion shall be limited to 30 minutes, to be equally divided

between, and controlled by, the mover and the manager of the

conference report. Debate on any amendment to any such

instructions shall be limited to 20 minutes, to be equally divided

between, and controlled by, the mover and the manager of the

conference report. In all cases when the manager of the conference

report is in favor of any motion, appeal, or amendment, the time in

opposition shall be under the control of the minority leader or his

designee.

(7) In any case in which there are amendments in disagreement,

time on each amendment shall be limited to 30 minutes, to be

equally divided between, and controlled by, the manager of the

conference report and the minority leader or his designee. No

amendment that is not germane to the provisions of such amendments

shall be received.

-SOURCE-

(Pub. L. 93-344, title X, Sec. 1017, July 12, 1974, 88 Stat. 337.)

-COD-

CODIFICATION

Section was formerly classified to section 1407 of Title 31 prior

to the general revision and enactment of Title 31, Money and

Finance, by Pub. L. 97-258, Sec. 1, Sept. 13, 1982, 96 Stat. 877.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 682 of this title; title

22 section 3224a; title 45 sections 721, 726.

-CITE-

2 USC SUBCHAPTER III - LINE ITEM VETO 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 17B - IMPOUNDMENT CONTROL AND LINE ITEM VETO

SUBCHAPTER III - LINE ITEM VETO

.

-HEAD-

SUBCHAPTER III - LINE ITEM VETO

-MISC1-

TERMINATION OF SUBCHAPTER

For termination of subchapter, see Effective and Termination

Dates note set out under section 691 of this title.

CONSTITUTIONALITY OF LINE ITEM VETO

For decision holding line item veto unconstitutional, see Clinton

v. City of New York, 524 U.S. 417, 118 S.Ct. 2091, 141 L.Ed. 2d

393 (1998).

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 692 of this title.

-CITE-

2 USC Sec. 691 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 17B - IMPOUNDMENT CONTROL AND LINE ITEM VETO

SUBCHAPTER III - LINE ITEM VETO

-HEAD-

Sec. 691. Line item veto authority

-STATUTE-

(a) In general

Notwithstanding the provisions of subchapters I and II of this

chapter, and subject to the provisions of this subchapter, 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 691a of this title,

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;

(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 691e of this title

in applying this subchapter to the specific provisions of such

law.

(c) Exception for disapproval bills

The authority granted by subsection (a) of this section 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 691e of this

title.

-SOURCE-

(Pub. L. 93-344, title X, Sec. 1021, as added Pub. L. 104-130, Sec.

2(a), Apr. 9, 1996, 110 Stat. 1200.)

-STATAMEND-

TERMINATION OF SECTION

For termination of section by section 5 of Pub. L. 104-130, see

Effective and Termination Dates note below.

-MISC1-

EFFECTIVE AND TERMINATION DATES

Section 5 of Pub. L. 104-130 provided that: ''This Act (enacting

this subchapter and provisions set out as a note under section 681

of this title and amending provisions set out as notes under

section 621 of this title) 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.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 691a, 691c, 691f of this

title.

-CITE-

2 USC Sec. 691a 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 17B - IMPOUNDMENT CONTROL AND LINE ITEM VETO

SUBCHAPTER III - LINE ITEM VETO

-HEAD-

Sec. 691a. Special messages

-STATUTE-

(a) In general

For each law from which a cancellation has been made under this

subchapter, 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 691(a) of this

title, 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 691c of this title to the discretionary spending limits

under section 901(c) of this title and an evaluation of the

effects of those adjustments upon the sequestration procedures of

section 901 of this title.

(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 subchapter 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 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) Any special message transmitted under this subchapter shall

be printed in the first issue of the Federal Register published

after such transmittal.

-SOURCE-

(Pub. L. 93-344, title X, Sec. 1022, as added Pub. L. 104-130, Sec.

2(a), Apr. 9, 1996, 110 Stat. 1201; amended Pub. L. 105-33, title

X, Sec. 10121(a), Aug. 5, 1997, 111 Stat. 696.)

-STATAMEND-

TERMINATION OF SECTION

For termination of section by section 5 of Pub. L. 104-130, see

Effective and Termination Dates note set out under section 691 of

this title.

-MISC1-

AMENDMENTS

1997 - Subsec. (b)(1)(F). Pub. L. 105-33 substituted ''section

901(c) of this title'' for ''section 665 of this title''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 691 of this title.

-CITE-

2 USC Sec. 691b 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 17B - IMPOUNDMENT CONTROL AND LINE ITEM VETO

SUBCHAPTER III - LINE ITEM VETO

-HEAD-

Sec. 691b. Cancellation effective unless disapproved

-STATUTE-

(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) of this section, 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.

-SOURCE-

(Pub. L. 93-344, title X, Sec. 1023, as added Pub. L. 104-130, Sec.

2(a), Apr. 9, 1996, 110 Stat. 1202.)

-STATAMEND-

TERMINATION OF SECTION

For termination of section by section 5 of Pub. L. 104-130, see

Effective and Termination Dates note set out under section 691 of

this title.

-CITE-

2 USC Sec. 691c 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 17B - IMPOUNDMENT CONTROL AND LINE ITEM VETO

SUBCHAPTER III - LINE ITEM VETO

-HEAD-

Sec. 691c. Deficit reduction

-STATUTE-

(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 691(a) of this title -

(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 (2 U.S.C.

901(a)(7)) in accordance with that Act (2 U.S.C. 900 et seq.),

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 (2

U.S.C. 900 et seq.) for each applicable fiscal year set forth

in section 251(c) of the Balanced Budget and Emergency Deficit

Control Act of 1985 (2 U.S.C. 901(c)) 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 691(a) of this

title, 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 (2 U.S.C. 902(d)).

(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 subchapter in the estimates and reports

required by sections 252(b) and 254 of the Balanced Budget and

Emergency Deficit Control Act of 1985 (2 U.S.C. 902(b), 904).

(b) Adjustments to spending limits

After ten calendar days (excluding Sundays) after the expiration

of the time period in section 691d(b)(1) of this title 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) of this section as part of the next sequester report

required by section 254 of the Balanced Budget and Emergency

Deficit Control Act of 1985 (2 U.S.C. 904).

(c) Exception

Subsection (b) of this section 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 691d(b)(1) of this title.

(d) Congressional Budget Office estimates

As soon as practicable after the President makes a cancellation

from a law under section 691(a) of this title, 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.

-SOURCE-

(Pub. L. 93-344, title X, Sec. 1024, as added Pub. L. 104-130, Sec.

2(a), Apr. 9, 1996, 110 Stat. 1202; amended Pub. L. 105-33, title

X, Sec. 10121(b), Aug. 5, 1997, 111 Stat. 696.)

-STATAMEND-

TERMINATION OF SECTION

For termination of section by section 5 of Pub. L. 104-130, see

Effective and Termination Dates note set out under section 691 of

this title.

-REFTEXT-

REFERENCES IN TEXT

The Balanced Budget and Emergency Deficit Control Act of 1985,

referred to in subsec. (a)(1), is title II of Pub. L. 99-177, Dec.

12, 1985, 99 Stat. 1038, as amended, which enacted chapter 20 (Sec.

900 et seq.) and sections 654 to 656 of this title, amended

sections 602, 622, 631 to 642, and 651 to 653 of this title,

sections 1104 to 1106, and 1109 of Title 31, Money and Finance, and

section 911 of Title 42, The Public Health and Welfare, repealed

section 661 of this title, enacted provisions set out as notes

under section 900 of this title and section 911 of Title 42, and

amended provisions set out as a note under section 621 of this

title. For complete classification of this Act to the Code, see

Short Title note set out under section 900 of this title and

Tables.

-MISC2-

AMENDMENTS

1997 - Subsec. (a)(1). Pub. L. 105-33 substituted ''section

251(c) of the Balanced Budget and Emergency Deficit Control Act of

1985'' for ''section 665(a)(2) of this title''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 691a of this title.

-CITE-

2 USC Sec. 691d 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 17B - IMPOUNDMENT CONTROL AND LINE ITEM VETO

SUBCHAPTER III - LINE ITEM VETO

-HEAD-

Sec. 691d. Expedited congressional consideration of disapproval

bills

-STATUTE-

(a) Receipt and referral of special message

Each special message transmitted under this subchapter 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 subchapter,

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) of this section.

(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 691e(6)(C) of this title a list of the

reference numbers for all cancellations made by the President in

the special message to which such disapproval bill relates.

(d) Consideration in 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.

(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 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.

(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, 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.

-SOURCE-

(Pub. L. 93-344, title X, Sec. 1025, as added Pub. L. 104-130, Sec.

2(a), Apr. 9, 1996, 110 Stat. 1203.)

-STATAMEND-

TERMINATION OF SECTION

For termination of section by section 5 of Pub. L. 104-130, see

Effective and Termination Dates note set out under section 691 of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 691c of this title.

-CITE-

2 USC Sec. 691e 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 17B - IMPOUNDMENT CONTROL AND LINE ITEM VETO

SUBCHAPTER III - LINE ITEM VETO

-HEAD-

Sec. 691e. Definitions

-STATUTE-

As used in this subchapter:

(1) Appropriation law

The term ''appropriation law'' means an Act referred to in

section 105 of title 1, 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.

(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 subchapter 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; or

(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 managers 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 907 of this

title.

(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 title 26 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 title 26.

(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 title 26.

(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 title 26 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 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 title 26, unless

otherwise expressly provided.

(10) OMB

The term ''OMB'' means the Director of the Office of Management

and Budget.

-SOURCE-

(Pub. L. 93-344, title X, Sec. 1026, as added Pub. L. 104-130, Sec.

2(a), Apr. 9, 1996, 110 Stat. 1207; amended Pub. L. 105-33, title

X, Sec. 10122, Aug. 5, 1997, 111 Stat. 697.)

-STATAMEND-

TERMINATION OF SECTION

For termination of section by section 5 of Pub. L. 104-130, see

Effective and Termination Dates note set out under section 691 of

this title.

-MISC1-

AMENDMENTS

1997 - Par. (7)(A)(iv). Pub. L. 105-33 substituted ''; or'' for

''; and''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 691, 691d, 691f of this

title.

-CITE-

2 USC Sec. 691f 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 17B - IMPOUNDMENT CONTROL AND LINE ITEM VETO

SUBCHAPTER III - LINE ITEM VETO

-HEAD-

Sec. 691f. Identification of limited tax benefits

-STATUTE-

(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 title 26 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 title 26 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) 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 -

(1) with a separate section described in subsection (b)(2) of

this section, then the President may use the authority granted in

section 691(a)(3) of this title 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)

of this section, then the President may use the authority granted

in section 691(a)(3) of this title to cancel any limited tax

benefit in that law that meets the definition in section 691e of

this title.

(d) Congressional identifications of limited tax benefits

There shall be no judicial review of the congressional

identification under subsections (a) and (b) of this section of a

limited tax benefit in a conference report.

-SOURCE-

(Pub. L. 93-344, title X, Sec. 1027, as added Pub. L. 104-130, Sec.

2(a), Apr. 9, 1996, 110 Stat. 1210.)

-STATAMEND-

TERMINATION OF SECTION

For termination of section by section 5 of Pub. L. 104-130, see

Effective and Termination Dates note set out under section 691 of

this title.

-REFTEXT-

REFERENCES IN TEXT

Section 1021(a)(3) of the Congressional Budget and Impoundment

Control Act of 1974, referred to in subsec. (b)(2), is classified

to section 691(a)(3) of this title.

-CITE-

2 USC Sec. 692 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 17B - IMPOUNDMENT CONTROL AND LINE ITEM VETO

SUBCHAPTER III - LINE ITEM VETO

-HEAD-

Sec. 692. Judicial review

-STATUTE-

(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 (2 U.S.C. 691 et seq.) 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) of this section 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) of this section 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) of this

section.

-SOURCE-

(Pub. L. 104-130, Sec. 3, Apr. 9, 1996, 110 Stat. 1211.)

-STATAMEND-

TERMINATION OF SECTION

For termination of section by section 5 of Pub. L. 104-130, see

Effective and Termination Dates note set out under section 691 of

this title.

-REFTEXT-

REFERENCES IN TEXT

The Congressional Budget and Impoundment Control Act of 1974,

referred to in subsec. (a)(1), is Pub. L. 93-344, July 12, 1974, 88

Stat. 297, as amended. Part C of title X of the Act is classified

generally to subchapter III (Sec. 691 et seq.) of this chapter.

For complete classification of this Act to the Code, see Short

Title note set out under section 621 of this title and Tables.

-COD-

CODIFICATION

Section was enacted as part of the Line Item Veto Act, and not as

part of the Line Item Veto Act of 1996 which comprises this

subchapter.

-CITE-