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106th CONGRESS
1st Session
S. 100
To grant the power to the President to reduce budget authority.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 19, 1999
Mr. McCain introduced the following bill; which was read twice and
referred jointly pursuant to the order of August 4, 1977, to the
Committees on the Budget and Governmental Affairs, with instructions
that if one committee reports, the other committee have thirty days to
report or be discharged
_______________________________________________________________________
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 1999''.
SEC. 2. STRUCTURE OF LEGISLATION.
(a) Appropriations Legislation.--
(1) In general.--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) Point of order.--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) In general.--A committee of either the House or the
Senate shall not report an authorization measure that contains
new direct spending or new targeted tax benefits unless such
measure presents each new direct spending or new targeted 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 targeted tax benefits.
(2) Point of order.--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) Appropriations.--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) Authorizations.--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 targeted tax benefit as a separate item and the
statement of managers accompanying that report clearly
identifies each such item.
(3) Point of order.--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) In General.--
(1) Enrollment.--Notwithstanding any other provision of
law, when any appropriation or authorization measure first
passes both Houses of Congress in the same form, the Secretary
of the Senate (in the case of a measure originating in the
Senate) or the Clerk of the House of Representatives (in the
case of a measure originating in the House of Representatives)
shall disaggregate the items as referenced in section 5(4) and
assign each item a new bill number. After disaggregation 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) Form.--A bill that is required to be disaggregated into
separate bills pursuant to paragraph (1)--
(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) Procedure.--The new bills resulting from the disaggregation
described in subsection (a)(1) 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 bill 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.
In this Act:
(1) Appropriation measure.--The term ``appropriation
measure'' means any general or special appropriation bill or
any bill or joint resolution making supplemental, deficiency,
or continuing appropriations.
(2) Authorization measure.--The term ``authorization
measure'' means any measure other than an appropriations
measure that contains a provision providing direct spending or
targeted tax benefits.
(3) Direct spending.--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) Item.--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 ``targeted tax benefit'' means any provision--
(A) estimated by the Joint Committee on Taxation as
losing revenue for any one of the three following
periods--
(i) the first fiscal year covered by the
most recently adopted concurrent resolution on
the budget;
(ii) the period of the 5 fiscal years
covered by the most recently adopted concurrent
resolution on the budget; or
(iii) the period of the 5 fiscal years
following the first 5 years covered by the most
recently adopted concurrent resolution on the
budget; and
(B) having the practical effect of providing more
favorable tax treatment to a particular taxpayer or
limited group of taxpayers when compared with other
similarly situated taxpayers.
SEC. 6. JUDICIAL REVIEW.
(a) Expedited Review.--
(1) Member of congress.--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) Intervention by houses.--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) Panel.--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.
(4) Authority of houses.--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. 7. TREATMENT OF EMERGENCY SPENDING.
(a) Emergency Appropriations.--Section 251(b)(2)(D)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985 is amended by
adding at the end the following new sentence: ``However, OMB shall not
adjust any discretionary spending limit under this clause for any
statute that designates appropriations as emergency requirements if
that statute contains an appropriation for any other matter, event, or
occurrence, but that statute may contain rescissions of budget
authority.''.
(b) Emergency Legislation.--Section 252(e) of the Balanced Budget
and Emergency Deficit Control Act of 1985 is amended by adding at the
end the following new sentence: ``However, OMB shall not designate any
such amounts of new budget authority, outlays, or receipts as emergency
requirements in the report required under subsection (d) if that
statute contains any other provisions that are not so designated, but
that statute may contain provisions that reduce direct spending.''.
(c) New Point of Order.--Part A of 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. 407. 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 for purposes of section 251(b)(2)(D) or 252(e) of
the Balanced Budget and Emergency Deficit Control Act of 1985 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 for that emergency.''.
(d) 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 406 the
following new item:
``Sec. 407. Point of order regarding emergencies.''.
SEC. 8. SAVINGS FROM RESCISSION BILLS USED FOR DEFICIT REDUCTION.
(a) In General.--Not later than 45 days of continuous session after
the President vetoes an appropriations measure or an authorization
measure, the President shall--
(1) with respect to appropriations measures, reduce the
discretionary spending limits under section 601 of the
Congressional Budget Act of 1974 for the budget year and each
outyear by the amount by which the measure would have increased
the deficit in each respective year; and
(2) with respect to a repeal of direct spending, or a
targeted tax benefit, reduce the balances for the budget year
and each outyear under section 252(b) of the Balanced Budget
and Emergency Deficit Control Act of 1985 by the amount by
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