Agency Line-Item Veto?

President Bush is seeking a form of line-item veto power that will pass constitutional muster. In the meantime, Sen. Jim DeMint, R-S.C., has another idea. He wants agencies to use a "virtual" veto by simply refusing to spend money that Congress earmarks for pet projects. During a Senate Commerce Science and Transportation Committee hearing yesterday, DeMint noted that agencies are routinely instructed by Congress to fund specific projects through designations in report language. However, he argued, federal agencies are under no legal obligation to follow such language.

NOAA Administrator Vice Admiral Conrad C. Lautenbacher said he'd love to have more budgetary flexibility, but was a little leery of DeMint's idea. “I agree that it’s not legally required," he said, "but it is in fact a practice that has been in place for many, many years.”