§ 691. — Line item veto authority.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 2USC691]
TITLE 2--THE CONGRESS
CHAPTER 17B--IMPOUNDMENT CONTROL AND LINE ITEM VETO
SUBCHAPTER III--LINE ITEM VETO
Sec. 691. Line item veto authority
(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.
(Pub. L. 93-344, title X, Sec. 1021, as added Pub. L. 104-130,
Sec. 2(a), Apr. 9, 1996, 110 Stat. 1200.)
Termination of Section
For termination of section by section 5 of Pub. L. 104-130, see
Effective and Termination Dates note below.
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.''
Section Referred to in Other Sections
This section is referred to in sections 691a, 691c, 691f of this
title.
