[Congressional Bills 111th Congress]
[From the U.S. Government Printing Office]
[S. 524 Introduced in Senate (IS)]
111th CONGRESS
1st Session
S. 524
To amend the Congressional Budget and Impoundment Control Act of 1974
to provide for the expedited consideration of certain proposed
rescissions of budget authority.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 4, 2009
Mr. Feingold (for himself and Mr. McCain) introduced the following
bill; which was read twice and referred to the Committee on the Budget
_______________________________________________________________________
A BILL
To amend the Congressional Budget and Impoundment Control Act of 1974
to provide for the expedited consideration of certain proposed
rescissions of budget authority.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Congressional Accountability and
Line-Item Veto Act of 2009''.
SEC. 2. LEGISLATIVE LINE ITEM VETO.
(a) In General.--Title X of the Congressional Budget and
Impoundment Control Act of 1974 (2 U.S.C. 621 et seq.) is amended by
striking all of part B (except for sections 1016 and 1013, which are
redesignated as sections 1019 and 1020, respectively) and part C and
inserting the following:
``Part B--Legislative Line-Item Veto
``line item veto authority
``Sec. 1011. (a) Proposed Cancellations.--Within 30 calendar days
after the enactment of any bill or joint resolution containing any
congressional earmark or providing any limited tariff benefit or
targeted tax benefit, the President may propose, in the manner provided
in subsection (b), the repeal of the congressional earmark or the
cancellation of any limited tariff benefit or targeted tax benefit. If
the 30 calendar-day period expires during a period where either House
of Congress stands adjourned sine die at the end of Congress or for a
period greater than 30 calendar days, the President may propose a
cancellation under this section and transmit a special message under
subsection (b) on the first calendar day of session following such a
period of adjournment.
``(b) Transmittal of Special Message.--
``(1) Special message.--
``(A) In general.--The President may transmit to
the Congress a special message proposing to repeal any
congressional earmarks or to cancel any limited tariff
benefits or targeted tax benefits.
``(B) Contents of special message.--Each special
message shall specify, with respect to the
congressional earmarks, limited tariff benefits, or
targeted tax benefits to be repealed or canceled--
``(i) the congressional earmark that the
President proposes to repeal or the limited
tariff benefit or the targeted tax benefit that
the President proposes be canceled;
``(ii) the specific project or governmental
functions involved;
``(iii) the reasons why such congressional
earmark should be repealed or such limited
tariff benefit or targeted tax benefit should
be canceled;
``(iv) to the maximum extent practicable,
the estimated fiscal, economic, and budgetary
effect (including the effect on outlays and
receipts in each fiscal year) of the proposed
repeal or cancellation;
``(v) to the maximum extent practicable,
all facts, circumstances, and considerations
relating to or bearing upon the proposed repeal
or cancellation and the decision to propose the
repeal or cancellation, and the estimated
effect of the proposed repeal or cancellation
upon the objects, purposes, or programs for
which the congressional earmark, limited tariff
benefit, or the targeted tax benefit is
provided;
``(vi) a numbered list of repeals and
cancellations to be included in an approval
bill that, if enacted, would repeal
congressional earmarks and cancel limited
tariff benefits or targeted tax benefits
proposed in that special message; and
``(vii) if the special message is
transmitted subsequent to or at the same time
as another special message, a detailed
explanation why the proposed repeals or
cancellations are not substantially similar to
any other proposed repeal or cancellation in
such other message.
``(C) Duplicative proposals prohibited.--The
President may not propose to repeal or cancel the same
or substantially similar congressional earmark, limited
tariff benefit, or targeted tax benefit more than one
time under this Act.
``(D) Maximum number of special messages.--The
President may not transmit to the Congress more than
one special message under this subsection related to
any bill or joint resolution described in subsection
(a), but may transmit not more than 2 special messages
for any omnibus budget reconciliation or appropriation
measure.
``(2) Enactment of approval bill.--
``(A) Deficit reduction.--Congressional earmarks,
limited tariff benefits, or targeted tax benefits which
are repealed or canceled pursuant to enactment of a
bill as provided under this section shall be dedicated
only to reducing the deficit or increasing the surplus.
``(B) Adjustment of levels in the concurrent
resolution on the budget.--Not later than 5 days after
the date of enactment of an approval bill as provided
under this section, the chairs of the Committees on the
Budget of the Senate and the House of Representatives
shall revise allocations and aggregates and other
appropriate levels under the appropriate concurrent
resolution on the budget to reflect the repeal or
cancellation, and the applicable committees shall
report revised suballocations pursuant to section
302(b), as appropriate.
``(C) Adjustments to statutory limits.--After
enactment of an approval bill as provided under this
section, the Office of Management and Budget shall
revise applicable limits under the Balanced Budget and
Emergency Deficit Control Act of 1985, as appropriate.
``(D) Trust funds and special funds.--
Notwithstanding subparagraph (A), nothing in this part
shall be construed to require or allow the deposit of
amounts derived from a trust fund or special fund which
are canceled pursuant to enactment of a bill as
provided under this section to any other fund.
``procedures for expedited consideration
``Sec. 1012. (a) Expedited Consideration.--
``(1) In general.--The majority leader or minority leader
of each House or his designee shall (by request) introduce an
approval bill as defined in section 1017 not later than the
third day of session of that House after the date of receipt of
a special message transmitted to the Congress under section
1011(b). If the bill is not introduced as provided in the
preceding sentence in either House, then, on the fourth day of
session of that House after the date of receipt of the special
message, any Member of that House may introduce the bill.
``(2) Consideration in the house of representatives.--
``(A) Referral and reporting.--Any committee of the
House of Representatives to which an approval bill is
referred shall report it to the House without amendment
not later than the seventh legislative day after the
date of its introduction. If a committee fails to
report the bill within that period or the House has
adopted a concurrent resolution providing for
adjournment sine die at the end of a Congress, such
committee shall be automatically discharged from
further consideration of the bill and it shall be
placed on the appropriate calendar.
``(B) Proceeding to consideration.--After an
approval bill is reported by or discharged from
committee or the House has adopted a concurrent
resolution providing for adjournment sine die at the
end of a Congress, it shall be in order to move to
proceed to consider the approval bill in the House.
Such a motion shall be in order only at a time
designated by the Speaker in the legislative schedule
within two legislative days after the day on which the
proponent announces his intention to offer the motion.
Such a motion shall not be in order after the House has
disposed of a motion to proceed with respect to that
special message. 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 disposed of shall not be in
order.
``(C) Consideration.--The approval bill shall be
considered as read. All points of order against an
approval bill and against its consideration are waived.
The previous question shall be considered as ordered on
an approval bill to its passage without intervening
motion except five hours of debate equally divided and
controlled by the proponent and an opponent and one
motion to limit debate on the bill. A motion to
reconsider the vote on passage of the bill shall not be
in order.
``(D) Senate bill.--An approval bill received from
the Senate shall not be referred to committee.
``(3) Consideration in the senate.--
``(A) Referral and reporting.--Any committee of the
Senate to which an approval bill is referred shall
report it to the Senate without amendment not later
than the seventh legislative day after the date of its
introduction. If a committee fails to report the bill
within that period or the Senate has adopted a
concurrent resolution providing for adjournment sine
die at the end of a Congress, such committee shall be
automatically discharged from further consideration of
the bill and it shall be placed on the appropriate
calendar.
``(B) Motion to proceed to consideration.--After an
approval bill is reported by or discharged from
committee or the Senate has adopted a concurrent
resolution providing for adjournment sine die at the
end of a Congress, it shall be in order to move to
proceed to consider the approval bill in the Senate. A
motion to proceed to the consideration of a bill under
this subsection in the Senate shall not be debatable.
It shall not be in order to move to reconsider the vote
by which the motion to proceed is agreed to or
disagreed to.
``(C) Limits on debate.--Debate in the Senate on a
bill under this subsection, and all debatable motions
and appeals in connection therewith (including debate
pursuant to subparagraph (D)), shall not exceed 10
hours, equally divided and controlled in the usual
form.
``(D) Appeals.--Debate in the Senate on any
debatable motion or appeal in connection with a bill
under this subsection shall be limited to not more than
1 hour, to be equally divided and controlled in the
usual form.
``(E) Motion to limit debate.--A motion in the
Senate to further limit debate on a bill under this
subsection is not debatable.
``(F) Motion to recommit.--A motion to recommit a
bill under this subsection is not in order.
``(G) Consideration of the house bill.--
``(i) In general.--If the Senate has
received the House companion bill to the bill
introduced in the Senate prior to a vote under
subparagraph (C), then the Senate may consider,
and the vote under subparagraph (C) may occur
on, the House companion bill.
``(ii) Procedure after vote on senate
bill.--If the Senate votes, pursuant to
subparagraph (C), on the bill introduced in the
Senate, then immediately following that vote,
or upon receipt of the House companion bill,
the House bill shall be deemed to be
considered, read the third time, and the vote
on passage of the Senate bill shall be
considered to be the vote on the bill received
from the House.
``(b) Amendments Prohibited.--No amendment to, or motion to strike
a provision from, a bill considered under this section shall be in
order in either the Senate or the House of Representatives.
``presidential deferral authority
``Sec. 1013. (a) Temporary Presidential Authority To Withhold
Congressional Earmarks.--
``(1) In general.--At the same time as the President
transmits to the Congress a special message pursuant to section
1011(b), the President may direct that any congressional
earmark to be repealed in that special message shall not be
made available for obligation for a period of 45 calendar days
of continuous session of the Congress after the date on which
the President transmits the special message to the Congress.
``(2) Early availability.--The President shall make any
congressional earmark deferred pursuant to paragraph (1)
available at a time earlier than the time specified by the
President if the President determines that continuation of the
deferral would not further the purposes of this Act.
``(b) Temporary Presidential Authority To Suspend a Limited Tariff
Benefit.--
``(1) In general.--At the same time as the President
transmits to the Congress a special message pursuant to section
1011(b), the President may suspend the implementation of any
limited tariff benefit proposed to be canceled in that special
message for a period of 45 calendar days of continuous session
of the Congress after the date on which the President transmits
the special message to the Congress.
``(2) Early availability.--The President shall terminate
the suspension of any limited tariff benefit at a time earlier
than the time specified by the President if the President
determines that continuation of the suspension would not
further the purposes of this Act.
``(c) Temporary Presidential Authority To Suspend a Targeted Tax
Benefit.--
``(1) In general.--At the same time as the President
transmits to the Congress a special message pursuant to section
1011(b), the President may suspend the implementation of any
targeted tax benefit proposed to be repealed in that special
message for a period of 45 calendar days of continuous session
of the Congress after the date on which the President transmits
the special message to the Congress.
``(2) Early availability.--The President shall terminate
the suspension of any targeted tax benefit at a time earlier
than the time specified by the President if the President
determines that continuation of the suspension would not
further the purposes of this Act.
``identification of targeted tax benefits
``Sec. 1014. (a) Statement.--The chairman of the Committee on Ways
and Means of the House of Representatives and the chairman of the
Committee on Finance of the Senate acting jointly (hereafter in this
subsection referred to as the `chairmen') shall review any revenue or
reconciliation bill or joint resolution which includes any amendment to
the Internal Revenue Code of 1986 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 targeted tax benefits. The
chairmen shall provide to the committee of conference a statement
identifying any such targeted tax benefits or declaring that the bill
or joint resolution does not contain any targeted tax benefits. Any
such statement shall be made available to any Member of Congress by the
chairmen immediately upon request.
``(b) Statement Included in Legislation.--
``(1) In general.--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 the Internal Revenue Code of
1986 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
chairmen, but only in the manner set forth in paragraph (2).
``(2) Applicability.--The separate section permitted under
subparagraph (A) shall read as follows: `Section 1021 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 chairmen identify
targeted 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 in the second blank space;
or
``(B) in any case in which the chairmen declare
that there are no targeted 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) Identification in Revenue Estimate.--With respect to any
revenue or reconciliation bill or joint resolution with respect to
which the chairmen provide a statement under subsection (a), the Joint
Committee on Taxation shall--
``(1) in the case of a statement described in subsection
(b)(2)(A), list the targeted tax benefits in any revenue
estimate prepared by the Joint Committee on Taxation for any
conference report which accompanies such bill or joint
resolution, or
``(2) in the case of a statement described in 13 subsection
(b)(2)(B), indicate in such revenue estimate that no provision
in such bill or joint resolution has been identified as a
targeted tax benefit.
``(d) President's Authority.--If any revenue or reconciliation bill
or joint resolution is signed into law--
``(1) with a separate section described in subsection
(b)(2), then the President may use the authority granted in
this section only with respect to any targeted tax benefit in
that law, if any, identified in such separate section; or
``(2) without a separate section described in subsection
(b)(2), then the President may use the authority granted in
this section with respect to any targeted tax benefit in that
law.
``treatment of cancellations
``Sec. 1015. The repeal of any congressional earmark or
cancellation of any limited tariff benefit or targeted tax benefit
shall take effect only upon enactment of the applicable approval bill.
If an approval bill is not enacted into law before the end of the
applicable period under section 1013, then all proposed repeals and
cancellations contained in that bill shall be null and void and any
such congressional earmark, limited tariff benefit, or targeted tax
benefit shall be effective as of the original date provided in the law
to which the proposed repeals or cancellations applied.
``reports by comptroller general
``Sec. 1016. With respect to each special message under this part,
the Comptroller General shall issue to the Congress a report
determining whether any congressional earmark is not repealed or
limited tariff benefit or targeted tax benefit continues to be
suspended after the deferral authority set forth in section 1013 of the
President has expired.
``definitions
``Sec. 1017. As used in this part:
``(1) Appropriation law.--The term `appropriation law'
means an Act referred to in section 105 of title 1, United
States Code, 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) Approval bill.--The term `approval bill' means a bill
or joint resolution which only approves proposed repeals of
congressional earmarks or cancellations of limited tariff
benefits or targeted tax benefits in a special message
transmitted by the President under this part and--
``(A) the title of which is as follows: `A bill
approving the proposed repeals and 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;
``(C) which provides only the following after the
enacting clause: `That the Congress approves of
proposed repeals and cancellations ___', the blank
space being filled in with a list of the repeals and
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;
``(D) which only includes proposed repeals and
cancellations that are estimated by CBO to meet the
definition of congressional earmark or limited tariff
benefits, or that are identified as targeted tax
benefits pursuant to section 1014; and
``(E) if no CBO estimate is available, then the
entire list of legislative provisions proposed by the
President is inserted in the second blank space in
subparagraph (C).
``(3) Calendar day.--The term `calendar day' means a
standard 24-hour period beginning at midnight.
``(4) Cancel or cancellation.--The terms `cancel' or
`cancellation' means to prevent--
``(A) a limited tariff benefit from having legal
force or effect, and to make any necessary, conforming
statutory change to ensure that such limited tariff
benefit is not implemented; or
``(B) a targeted tax benefit from having legal
force or effect, and to make any necessary, conforming
statutory change to ensure that such targeted tax
benefit is not implemented and that any budgetary
resources are appropriately canceled.
``(5) CBO.--The term `CBO' means the Director of the
Congressional Budget Office.
``(6) Congressional earmark.--The term `congressional
earmark' means a provision or report language included
primarily at the request of a Member, Delegate, Resident
Commissioner, or Senator providing, authorizing or recommending
a specific amount of discretionary budget authority, credit
authority, or other spending authority for a contract, loan,
loan guarantee, grant, loan authority, or other expenditure
with or to an entity, or targeted to a specific State, locality
or Congressional district, other than through a statutory or
administrative formula-driven or competitive award process.
``(7) Entity.--As used in paragraph (6), the term `entity'
includes a private business, State, territory or locality, or
Federal entity.
``(8) Limited tariff benefit.--The term `limited tariff
benefit' means any provision of law that modifies the
Harmonized Tariff Schedule of the United States in a manner
that benefits 10 or fewer entities (as defined in paragraph
(12)(B)).
``(9) OMB.--The term `OMB' means the Director of the Office
of Management and Budget.
``(10) Omnibus reconciliation or appropriation measure.--
The term `omnibus reconciliation or appropriation measure'
means--
``(A) in the case of a reconciliation bill, any
such bill that is reported to its House by the
Committee on the Budget; or
``(B) in the case of an appropriation measure, any
such measure that provides appropriations for programs,
projects, or activities falling within 2 or more
section 302(b) suballocations.
``(11) Targeted tax benefit.--The term `targeted tax
benefit' means--
``(A) any revenue provision that--
``(i) provides a Federal tax deduction,
credit, exclusion, or preference to a
particular beneficiary or limited group of
beneficiaries under the Internal Revenue Code
of 1986; and
``(ii) contains eligibility criteria that
are not uniform in application with respect to
potential beneficiaries of such provision; or
``(B) any Federal tax provision which provides one
beneficiary temporary or permanent transition relief
from a change to the Internal Revenue Code of 1986.
``expiration
``Sec. 1018. This title shall have no force or effect on or after
December 31, 2014''.
SEC. 3. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Exercise of Rulemaking Powers.--Section 904 of the
Congressional Budget Act of 1974 (2 U.S.C. 621 note) is amended--
(1) in subsection (a), by striking ``1017'' and inserting
``1012''; and
(2) in subsection (d), by striking ``section 1017'' and
inserting ``section 1012''.
(b) Analysis by Congressional Budget Office.--Section 402 of the
Congressional Budget Act of 1974 is amended by inserting ``(a)'' after
``402.'' and by adding at the end the following new subsection:
``(b) Upon the receipt of a special message under section 1011
proposing to repeal any congressional earmark, the Director of the
Congressional Budget Office shall prepare an estimate of the savings in
budget authority or outlays resulting from such proposed repeal
relative to the most recent levels calculated consistent with the
methodology used to calculate a baseline under section 257 of the
Balanced Budget and Emergency Deficit Control Act of 1985 and included
with a budget submission under section 1105(a) of title 31, United
States Code, and transmit such estimate to the chairmen of the
Committees on the Budget of the House of Representatives and Senate.''.
(c) Clerical Amendments.--(1) Section 1(a) of the Congressional
Budget and Impoundment Control Act of 1974 is amended by striking the
last sentence.
(2) Section 1022(c) of such Act (as redesignated) is amended is
amended by striking ``rescinded or that is to be reserved'' and insert
``canceled'' and by striking ``1012'' and inserting ``1011''.
(3) Table of Contents.--The table of contents set forth in section
1(b) of the Congressional Budget and Impoundment Control Act of 1974 is
amended by deleting the contents for parts B and C of title X and
inserting the following:
``Part B--Legislative Line-Item Veto
``Sec. 1011. Line item veto authority.
``Sec. 1012. Procedures for expedited consideration.
``Sec. 1013. Presidential deferral authority.
``Sec. 1014. Identification of targeted tax benefits.
``Sec. 1015. Treatment of cancellations.
``Sec. 1016. Reports by Comptroller General.
``Sec. 1017. Definitions.
``Sec. 1018. Expiration.
``Sec. 1019. Suits by Comptroller General.
``Sec. 1020. Proposed Deferrals of budget authority.''.
(d) Effective Date.--The amendments made by this Act shall take
effect on the date of its enactment and apply only to any congressional
earmark, limited tariff benefit, or targeted tax benefit provided in an
Act enacted on or after the date of enactment of this Act.
SEC. 4. SENSE OF CONGRESS ON ABUSE OF PROPOSED REPEALS AND
CANCELLATIONS.
It is the sense of Congress no President or any executive branch
official should condition the inclusion or exclusion or threaten to
condition the inclusion or exclusion of any proposed repeal or
cancellation in any special message under this section upon any vote
cast or to be cast by any Member of either House of Congress.
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