Separate Enrollment and Line Item Veto Act of 2006 - Prohibits the congressional appropriations committees from reporting any appropriations measure that fails to contain the same level of detail on the allocation of a proposed item of appropriations set forth in the accompanying committee report.
Prohibits any congressional committee from reporting an authorization measure that contains new direct spending or a new limited tax benefit unless it presents each as a separate item, and the accompanying committee report contains a level of detail clearly indentifying its allocation.
Prohibits a conference committee from filing a conference report that fails to contain the level of detail and the separate itemization of each direct spending or limited tax benefit required by this Act.
Makes it out of order in the House to consider any measure reported or presented in violation of this Act.
Provides for separate enrollment of each item of every appropriation and authorization measure containing new direct spending or new targeted tax benefits passed by Congress in the same form.
Requires the Joint Committee on Taxation toidentify any limited tax benefits contained in any revenue or reconciliation measure amending the Internal Revenue Code that is being prepared for filing by a conference committee.
Makes it out of order to consider any measure containing an emergency designation if it also provides an appropriation or direct spending for any other item or contains any other matter. Allows the measure to contain rescissions of budget authority or reductions of direct spending, or reduce amounts for that emergency.
Provides for expedited judicial review of this Act.
Requires the President to submit legislation for the periodic review, reauthorization, and sunset of tax expenditures with his FY2008 budget.
Makes it out of order in the House to consider any measure containing a tax expenditure unless it terminates the tax expenditure within 10 years.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4889 Introduced in House (IH)]
109th CONGRESS
2d Session
H. R. 4889
To grant the power to the President to reduce budget authority.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 7, 2006
Mr. Gingrey introduced the following bill; which was referred to the
Committee on the Budget, and in addition to the Committees on Rules and
Ways and Means, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To grant the power to the President to reduce 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 ``Separate Enrollment and Line Item
Veto Act of 2006''.
SEC. 2. STRUCTURE OF LEGISLATION.
(a) Appropriations Legislation.--
(1) The Committee on Appropriations of either the House or
the Senate shall not report an appropriation measure that fails
to contain such level of detail on the allocation of an item of
appropriation proposed by that House as is set forth in the
committee report accompanying such bill.
(2) If an appropriation measure is reported to the House or
Senate that fails to contain the level of detail on the
allocation of an item of appropriation as required in paragraph
(1), it shall not be in order in that House to consider such
measure. If a point of order under this paragraph is sustained,
the measure shall be recommitted to the Committee on
Appropriations of that House.
(b) Authorization Legislation.--
(1) A committee of either the House or the Senate shall not
report an authorization measure that contains new direct
spending or new limited tax benefits unless such measure
presents each new direct spending or new limited tax benefit as
a separate item and the accompanying committee report for that
measure shall contain such level of detail as is necessary to
clearly identify the allocation of new direct spending or new
limited tax benefits.
(2) If an authorization measure is reported to the House or
Senate that fails to comply with paragraph (1), it shall not be
in order in that House to consider such measure. If a point of
order under this paragraph is sustained, the measure shall be
recommitted to the committee of jurisdiction of that House.
(c) Conference Reports.--
(1) A committee of conference to which is committed an
appropriations measure shall not file a conference report in
either House that fails to contain the level of detail on the
allocation of an item of appropriation as is set forth in the
statement of managers accompanying that report.
(2) A committee of conference to which is committed an
authorization measure shall not file a conference report in
either House unless such measure presents each direct spending
or limited tax benefit as a separate item and the statement of
managers accompanying that report clearly identifies each such
item.
(3) If a conference report is presented to the House or
Senate that fails to comply with either paragraph (1) or (2),
it shall not be in order in that House to consider such
conference report. If a point of order under this paragraph is
sustained in the House to first consider the conference report,
the measure shall be deemed recommitted to the committee of
conference.
SEC. 3. WAIVERS AND APPEALS.
Any provision of section 2 may be waived or suspended in the House
or Senate only by an affirmative vote of three-fifths of the Members of
that House duly chosen and sworn. An affirmative vote of three-fifths
of the Members duly chosen and sworn shall be required to sustain an
appeal of the ruling of the Chair on a point of order raised under that
section.
SEC. 4. SEPARATE ENROLLMENT.
(a)(1) Notwithstanding any other provision of law, when any
appropriation or authorization measure first passes both Houses of
Congress in the same form, the Clerk of the House of Representatives
(in the case of a measure originating in the House of Representatives),
or the Secretary of the Senate (in the case of a measure originating in
the Senate) shall disaggregate the items as referenced in section 5(4)
and assign each item a new bill number. Henceforth each item shall be
treated as a separate bill to be considered under the following
subsections. The remainder of the bill not so disaggregated shall
constitute a separate bill and shall be considered with the other
disaggregated bills pursuant to subsection (b).
(2) A bill that is required to be disaggregated into separate bills
pursuant to subsection (a)--
(A) shall be disaggregated without substantive revision,
and
(B) shall bear the designation of the measure of which it
was an item prior to such disaggregation, together with such
other designation as may be necessary to distinguish such
measure from other measures disaggregated pursuant to paragraph
(1) with respect to the same measure.
(b) The new bills resulting from the disaggregation described in
paragraph (1) of subsection (a) shall be immediately placed on the
appropriate calendar in the House of origination, and upon passage,
placed on the appropriate calendar in the other House. They shall be
the next order of business in each House and they shall be considered
and voted on en bloc and shall not be subject to amendment. A motion to
proceed to the bills shall be nondebatable. Debate in the House of
Representatives or the Senate on the bills shall be limited to not more
than 1 hour, which shall be divided equally between the majority leader
and the minority leader. A motion further to limit debate is not
debatable. A motion to recommit the bills is not in order, and it is
not in order to move to reconsider the vote by which the bills are
agreed to or disagreed to.
SEC. 5. DEFINITIONS.
For purposes of this Act:
(1) The term ``appropriation measure'' means any general or
special appropriation bill or any bill or joint resolution
making supplemental, deficiency, or continuing appropriations.
(2) The term ``authorization measure'' means any measure
other than an appropriations measure that contains a provision
providing direct spending or targeted tax benefits.
(3) The term ``direct spending'' shall have the same
meaning given to such term in section 250(c)(8) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
(4) The term ``item'' means--
(A) with respect to an appropriations measure--
(i) any numbered section,
(ii) any unnumbered paragraph, or
(iii) any allocation or suballocation of an
appropriation, made in compliance with section
2(a), contained in a numbered section or an
unnumbered paragraph but shall not include a
provision which does not appropriate funds,
direct the President to expend funds for any
specific project, or create an express or
implied obligation to expend funds and--
(I) rescinds or cancels existing
budget authority;
(II) only limits, conditions, or
otherwise restricts the President's
authority to spend otherwise
appropriated funds; or
(III) conditions on an item of
appropriation not involving a positive
allocation of funds by explicitly
prohibiting the use of any funds; and
(B) with respect to an authorization measure--
(i) any numbered section, or
(ii) any unnumbered paragraph,
that contains new direct spending or a new targeted tax
benefit presented and identified in conformance with
section 2(b).
(5) The term ``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 the Internal Revenue Code
of 1986 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 the Internal
Revenue Code of 1986.
(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 the Internal Revenue Code of
1986.
(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 the Internal Revenue Code
of 1986 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 the
Internal Revenue Code of 1986, unless otherwise
expressly provided.
SEC. 6. IDENTIFICATION OF LIMITED TAX BENEFITS.
(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 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 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 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 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),
then the President may use the authority granted in section
1021(a)(3) 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), then the President may use the authority granted in
section 1021(a)(3) to cancel any limited tax benefit in that
law that meets the definition in section 1026.
(d) Congressional Identifications of Limited Tax Benefits.--There
shall be no judicial review of the congressional identification under
subsections (a) and (b) of a limited tax benefit in a conference
report.
SEC. 7. JUDICIAL REVIEW.
(a) Expedited Review.--
(1) Any Member of Congress 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 a
provision of this Act 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) Any action brought under paragraph (1) shall be heard
and determined by a three-judge court in accordance with
section 2284 of title 28, United States Code.
Nothing in this section or in any other law shall infringe upon the
right of the House of Representatives or the Senate 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 provisions
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) 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 days after such order is
entered; and the jurisdictional statement shall be filed within 30 days
after such order is entered. No stay of an order issued pursuant to an
action brought under paragraph (1) of subsection (a) 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).
(d) Severability.--If any provision of this Act, or the application
of such provision to any person or circumstance is held
unconstitutional, the remainder of this Act and the application of the
provisions of such Act to any person or circumstance shall not be
affected thereby.
SEC. 8. TREATMENT OF EMERGENCY SPENDING.
(a) New Point of Order.--Title IV of the Congressional Budget Act
of 1974 is amended by adding at the end the following new section:
``point of order regarding emergencies
``Sec. 408. It shall not be in order in the House of
Representatives or the Senate to consider any bill or joint resolution,
or amendment thereto or conference report thereon, containing an
emergency designation if it also provides an appropriation or direct
spending for any other item or contains any other matter, but that bill
or joint resolution, amendment, or conference report may contain
rescissions of budget authority or reductions of direct spending, or
that amendment may reduce amounts for that emergency.''.
(b) Conforming Amendment.--The table of contents set forth in
section 1(b) of the Congressional Budget and Impoundment Control Act of
1974 is amended by inserting after the item relating to section 407 the
following new item:
``Sec. 408. Point of order regarding emergencies.''.
SEC. 9. EVALUATION AND SUNSET OF TAX EXPENDITURES.
(a) Legislation for Sunsetting Tax Expenditures.--The President
shall submit legislation for the periodic review, reauthorization, and
sunset of tax expenditures with his fiscal year 2008 budget.
(b) Budget Contents and Submission to Congress.--Section 1105(a) of
title 31, United States Code, is amended by adding at the end the
following paragraph:
``(35) beginning with fiscal year 2009, a Government
performance plan for measuring the overall effectiveness of tax
expenditures, including a schedule for periodically assessing
the effects of specific tax expenditures in achieving
performance goals.''.
(c) Pilot Projects.--Section 1118(c) of title 31, United States
Code, is amended by--
(1) striking ``and'' after the semicolon in paragraph (2);
(2) redesignating paragraph (3) as paragraph (4); and
(3) adding after paragraph (2) the following:
``(3) describe the framework to be utilized by the Director
of the Office of Management and Budget, after consultation with
the Secretary of the Treasury, the Comptroller General of the
United States, and the Joint Committee on Taxation, for
undertaking periodic analyses of the effects of tax
expenditures in achieving performance goals and the
relationship between tax expenditures and spending programs;
and''.
(d) Congressional Budget Act.--Title IV of the Congressional Budget
Act of 1974 is amended by adding at the end thereof the following:
``tax expenditures
``Sec. 409. It shall not be in order in the House of
Representatives or the Senate to consider any bill, joint resolution,
amendment, motion, or conference report that contains a tax expenditure
unless the bill, joint resolution, amendment, motion, or conference
report provides that the tax expenditure will terminate not later than
10 years after the date of enactment of the tax expenditure.''.
SEC. 10. EFFECTIVE DATE.
The provisions of this Act shall apply to measures passed by the
Congress beginning with the date of the enactment of this Act and
ending on September 30, 2012.
<all>
Introduced in House
Introduced in House
Referred to the Committee on the Budget, and in addition to the Committees on Rules, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Budget, and in addition to the Committees on Rules, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Budget, and in addition to the Committees on Rules, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Budget, and in addition to the Committees on Rules, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
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