Line Item Veto Act of 1996
Section 1022
TITLE X—IMPOUNDMENT CONTROL
PART C—LINE ITEM VETO
special messages
Sec. 1022.[1] (a) In General.—For each law from which a cancellation has been made under this part, the President shall transmit a single special message to the Congress.
(b) Contents.—
(1) The special message shall specify—
(A) the dollar amount of discretionary budget authority, item of new direct spending, or limited tax benefit which has been canceled, and provide a corresponding reference number for each cancellation;
(B) the determinations required under section 1021(a), together with any supporting material;
(C) the reasons for the cancellation;
(D) to the maximum extent practicable, the estimated fiscal, economic, and budgetary effect of the cancellation;
(E) all facts, circumstances and considerations relating to or bearing upon the cancellation, and to the maximum extent practicable, the estimated effect of the cancellation upon the objects, purposes and programs for which the canceled authority was provided; and
(F) include the adjustments that will be made pursuant to section 1024 to the discretionary spending limits under section 251(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 and an evaluation of the effects of those adjustments upon the sequestration procedures of section 251 of the Balanced Budget and Emergency Deficit Control Act of 1985.
(2) In the case of a cancellation of any dollar amount of discretionary budget authority or item of new direct spending, the special message shall also include, if applicable—
(A) any account, department, or establishment of the Government for which such budget authority was to have been available for obligation and the specific project or governmental functions involved;
(B) the specific States and congressional districts, if any, affected by the cancellation; and
(C) the total number of cancellations imposed during the current session of Congress on States and congressional districts identified in subparagraph (B).
(c) Transmission of Special Messages to House and Senate.—
(1) The President shall transmit to the Congress each special message under this part within five calendar days (excluding Sundays) after enactment of the law to which the cancellation applies. Each special message shall be transmitted to the House of Representatives and the Senate on the same calendar day. Such special message shall be delivered to the 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 part shall be printed in the first issue of the Federal Register published after such transmittal.
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Counsel Notes
Endnotes
[1] This section was originally classified to the U.S. Code at 2 U.S.C. 691a (section omitted from code).
CODIFICATION
Section 1022 was codified as section 691a in title 2 of the U.S. Code, Pub. L. 93–344, title X, §1022, as added by section 2 of Pub. L. 104–130, §2(a), Apr. 9, 1996, 110 Stat. 1201 ; amended Pub. L. 105–33, title X, §10121(a), Aug. 5, 1997, 111 Stat. 696 , required special messages to Congress of cancellations made.
Joint Statement of Managers on the Line Item Veto Act of 1996
The Conference Report on the Line Item Veto Act of 1996 (H. Rept. 104-491):
Sec. 1022. Special messages
Section 1022 provides that, if the President cancels provisions within a law, a special message must be submitted to Congress. A separate special message must be submitted for each law from which a cancellation is made. Similar to the requirements in section 1012 of the Impoundment Control Act of 1974, the conference report requires that the President’s special message include relevant supporting material about each cancellation and its budgetary impact. The conferees intend this requirement to ensure that the Congress and the public receive sufficient information with which to judge the President’s action.
[U.S. Congress, Joint Explanatory Statement on the Committee of Conference on S.4; (H. Rept. 104-491), Committee on Government Reform, House of Representatives, 104th Congress, 2d Session, Washington D.C. 1996.]
LEGISLATIVE HISTORY NOTES
PUBLIC LAWS
Pub. L. 93–344, title X. Section §1022 was added to the Impoundment Control Act of 1974 by Section 2 of the Line Item Veto Act (Pub. L. 104–130, 110 Stat. 1200).
Pub. L. 105–33, title X, §10121(a), Aug. 5, 1997, 111 Stat. 696. The Budget Enforcement Act of 1997 amended this section.
Amendment
1997
Subsection (b)(1)(F).
Pub. L. 105–33, title X, §10121(a), Aug. 5, 1997, 111 Stat. 696 (Budget Enforcement Act of 1997 (BEA 1997)) struck “section 601” and replaced it with “section 251(c)” of the Balanced Budget and Emergency Deficit Control Act of 1985. This was a necessary conforming amendment because section 601 was repealed by section 10121(a) of that Act (BEA 1997).
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