II

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as ‘‘The Separate Enrollment

5 and Line Item Veto Act of 1999’’.

6 SEC. 2. STRUCTURE OF LEGISLATION.

7 (a) APPROPRIATIONS LEGISLATION.—

8 (1) IN GENERAL.—The Committee on Appro9 priations of either the House or the Senate shall not
2

•S 100 RIS

1 report an appropriation measure that fails to contain

2 such level of detail on the allocation of an item of

3 appropriation proposed by that House as is set forth

4 in the committee report accompanying such bill.

5 (2) POINT OF ORDER.—If an appropriation

6 measure is reported to the House or Senate that

7 fails to contain the level of detail on the allocation

8 of an item of appropriation as required in paragraph

9 (1), it shall not be in order in that House to con10 sider such measure. If a point of order under this

11 paragraph is sustained, the measure shall be recom12 mitted to the Committee on Appropriations of that

13 House.

14 (b) AUTHORIZATION LEGISLATION.—

15 (1) IN GENERAL.—A committee of either the

16 House or the Senate shall not report an authoriza17 tion measure that contains new direct spending or

18 new targeted tax benefits unless such measure pre19 sents each new direct spending or new targeted tax

20 benefit as a separate item and the accompanying

21 committee report for that measure shall contain

22 such level of detail as is necessary to clearly identify

23 the allocation of new direct spending or new targeted

24 tax benefits.
3

•S 100 RIS

1 (2) POINT OF ORDER.—If an authorization

2 measure is reported to the House or Senate that

3 fails to comply with paragraph (1), it shall not be

4 in order in that House to consider such measure. If

5 a point of order under this paragraph is sustained,

6 the measure shall be recommitted to the committee

7 of jurisdiction of that House.

8 (c) CONFERENCE REPORTS.—

9 (1) APPROPRIATIONS.—A committee of con10 ference to which is committed an appropriations

11 measure shall not file a conference report in either

12 House that fails to contain the level of detail on the

13 allocation of an item of appropriation as is set forth

14 in the statement of managers accompanying that re15 port.

16 (2) AUTHORIZATIONS.—A committee of con17 ference to which is committed an authorization

18 measure shall not file a conference report in either

19 House unless such measure presents each direct

20 spending or targeted tax benefit as a separate item

21 and the statement of managers accompanying that

22 report clearly identifies each such item.

23 (3) POINT OF ORDER.—If a conference report

24 is presented to the House or Senate that fails to

25 comply with either paragraph (1) or (2), it shall not
4

•S 100 RIS

1 be in order in that House to consider such con2 ference report. If a point of order under this para3 graph is sustained in the House to first consider the

4 conference report, the measure shall be deemed re5 committed to the committee of conference.

6 SEC. 3. WAIVERS AND APPEALS.

7 Any provision of section 2 may be waived or sus8 pended in the House or Senate only by an affirmative vote

9 of three-fifths of the Members of that House duly chosen

10 and sworn. An affirmative vote of three-fifths of the Mem11 bers duly chosen and sworn shall be required to sustain

12 an appeal of the ruling of the Chair on a point of order

13 raised under that section.

14 SEC. 4. SEPARATE ENROLLMENT.

15 (a) IN GENERAL.—

16 (1) ENROLLMENT.—Notwithstanding any other

17 provision of law, when any appropriation or author18 ization measure first passes both Houses of Con19 gress in the same form, the Secretary of the Senate

20 (in the case of a measure originating in the Senate)

21 or the Clerk of the House of Representatives (in the

22 case of a measure originating in the House of Rep23 resentatives) shall disaggregate the items as ref24 erenced in section 5(4) and assign each item a new

25 bill number. After disaggregation each item shall be
5

•S 100 RIS

1 treated as a separate bill to be considered under the

2 following subsections. The remainder of the bill not

3 so disaggregated shall constitute a separate bill and

4 shall be considered with the other disaggregated bills

5 pursuant to subsection (b).

6 (2) FORM.—A bill that is required to be

7 disaggregated into separate bills pursuant to para8 graph (1)—

9 (A) shall be disaggregated without sub10 stantive revision; and

11 (B) shall bear the designation of the meas12 ure of which it was an item prior to such

13 disaggregation, together with such other des14 ignation as may be necessary to distinguish

15 such measure from other measures

16 disaggregated pursuant to paragraph (1) with

17 respect to the same measure.

18 (b) PROCEDURE.—The new bills resulting from the

19 disaggregation described in subsection (a)(1) shall be im20 mediately placed on the appropriate calendar in the House

21 of origination, and upon passage, placed on the appro22 priate calendar in the other House. They shall be the next

23 order of business in each House and they shall be consid24 ered and voted on en bloc and shall not be subject to

25 amendment. A motion to proceed to the bills shall be non-
6

•S 100 RIS

1 debatable. Debate in the House of Representatives or the

2 Senate on the bill shall be limited to not more than 1 hour,

3 which shall be divided equally between the majority leader

4 and the minority leader. A motion further to limit debate

5 is not debatable. A motion to recommit the bills is not

6 in order, and it is not in order to move to reconsider the

7 vote by which the bills are agreed to or disagreed to.

8 SEC. 5. DEFINITIONS.

9 In this Act:

10 (1) APPROPRIATION MEASURE.—The term ‘‘ap11 propriation measure’’ means any general or special

12 appropriation bill or any bill or joint resolution mak13 ing supplemental, deficiency, or continuing appro14 priations.

15 (2) AUTHORIZATION MEASURE.—The term ‘‘au16 thorization measure’’ means any measure other than

17 an appropriations measure that contains a provision

18 providing direct spending or targeted tax benefits.

19 (3) DIRECT SPENDING.—The term ‘‘direct

20 spending’’ shall have the same meaning given to

21 such term in section 250(c)(8) of the Balanced

22 Budget and Emergency Deficit Control Act of 1985.

23 (4) ITEM.—The term ‘‘item’’ means—

24 (A) with respect to an appropriations

25 measure—
7

•S 100 RIS

1 (i) any numbered section,

2 (ii) any unnumbered paragraph, or

3 (iii) any allocation or suballocation of

4 an appropriation, made in compliance with

5 section 2(a), contained in a numbered sec6 tion or an unnumbered paragraph but

7 shall not include a provision which does

8 not appropriate funds, direct the President

9 to expend funds for any specific project, or

10 create an express or implied obligation to

11 expend funds and—

12 (I) rescinds or cancels existing

13 budget authority;

14 (II) only limits, conditions, or

15 otherwise restricts the President’s au16 thority to spend otherwise appro17 priated funds; or

18 (III) conditions on an item of ap19 propriation not involving a positive al20 location of funds by explicitly prohib21 iting the use of any funds; and

22 (B) with respect to an authorization

23 measure—

24 (i) any numbered section, or

25 (ii) any unnumbered paragraph,
8

•S 100 RIS

1 that contains new direct spending or a new tar2 geted tax benefit presented and identified in

3 conformance with section 2(b).

4 (5) The term ‘‘targeted tax benefit’’ means any

5 provision—

6 (A) estimated by the Joint Committee on

7 Taxation as losing revenue for any one of the

8 three following periods—

9 (i) the first fiscal year covered by the

10 most recently adopted concurrent resolu11 tion on the budget;

12 (ii) the period of the 5 fiscal years

13 covered by the most recently adopted con14 current resolution on the budget; or

15 (iii) the period of the 5 fiscal years

16 following the first 5 years covered by the

17 most recently adopted concurrent resolu18 tion on the budget; and

19 (B) having the practical effect of providing

20 more favorable tax treatment to a particular

21 taxpayer or limited group of taxpayers when

22 compared with other similarly situated tax23 payers.

24 SEC. 6. JUDICIAL REVIEW.

25 (a) EXPEDITED REVIEW.—
9

•S 100 RIS

1 (1) MEMBER OF CONGRESS.—Any Member of

2 Congress may bring an action, in the United States

3 District Court for the District of Columbia, for de4 claratory judgment and injunctive relief on the

5 ground that a provision of this Act violates the Con6 stitution.

7 (2) INTERVENTION BY HOUSES.—A copy of any

8 complaint in an action brought under paragraph (1)

9 shall be promptly delivered to the Secretary of the

10 Senate and the Clerk of the House of Representa11 tives, and each House of Congress shall have the

12 right to intervene in such action.

13 (3) PANEL.—Any action brought under para14 graph (1) shall be heard and determined by a three15 judge court in accordance with section 2284 of title

16 28, United States Code.

17 (4) AUTHORITY OF HOUSES.—Nothing in this

18 section or in any other law shall infringe upon the

19 right of the House of Representatives or the Senate

20 to intervene in an action brought under paragraph

21 (1) without the necessity of adopting a resolution to

22 authorize such intervention.

23 (b) APPEAL TO SUPREME COURT.—Notwithstanding

24 any other provisions of law, any order of the United States

25 District Court for the District of Columbia which is issued
10

•S 100 RIS

1 pursuant to an action brought under paragraph (1) of sub2 section (a) shall be reviewable by appeal directly to the

3 Supreme Court of the United States. Any such appeal

4 shall be taken by a notice of appeal filed within 10 days

5 after such order is entered; and the jurisdictional state6 ment shall be filed within 30 days after such order is en7 tered. No stay of an order issued pursuant to an action

8 brought under paragraph (1) of subsection (a) shall be

9 issued by a single Justice of the Supreme Court.

10 (c) EXPEDITED CONSIDERATION.—It shall be the

11 duty of the District Court for the District of Columbia

12 and the Supreme Court of the United States to advance

13 on the docket and to expedite to the greatest possible ex14 tent the disposition of any matter brought under sub15 section (a).

16 (d) SEVERABILITY.—If any provision of this Act, or

17 the application of such provision to any person or cir18 cumstance is held unconstitutional, the remainder of this

19 Act and the application of the provisions of such Act to

20 any person or circumstance shall not be affected thereby.

21 SEC. 7. TREATMENT OF EMERGENCY SPENDING.

22 (a) EMERGENCY APPROPRIATIONS.—Section

23 251(b)(2)(D)(i) of the Balanced Budget and Emergency

24 Deficit Control Act of 1985 is amended by adding at the

25 end the following new sentence: ‘‘However, OMB shall not
11

•S 100 RIS

1 adjust any discretionary spending limit under this clause

2 for any statute that designates appropriations as emer3 gency requirements if that statute contains an appropria4 tion for any other matter, event, or occurrence, but that

5 statute may contain rescissions of budget authority.’’.

6 (b) EMERGENCY LEGISLATION.—Section 252(e) of

7 the Balanced Budget and Emergency Deficit Control Act

8 of 1985 is amended by adding at the end the following

9 new sentence: ‘‘However, OMB shall not designate any

10 such amounts of new budget authority, outlays, or receipts

11 as emergency requirements in the report required under

12 subsection (d) if that statute contains any other provisions

13 that are not so designated, but that statute may contain

14 provisions that reduce direct spending.’’.

15 (c) NEW POINT OF ORDER.—Part A of title IV of

16 the Congressional Budget Act of 1974 is amended by add17 ing at the end the following new section:

18 ‘‘POINT OF ORDER REGARDING EMERGENCIES

19 ‘‘SEC. 407. It shall not be in order in the House of

20 Representatives or the Senate to consider any bill or joint

21 resolution, or amendment thereto or conference report

22 thereon, containing an emergency designation for purposes

23 of section 251(b)(2)(D) or 252(e) of the Balanced Budget

24 and Emergency Deficit Control Act of 1985 if it also pro25 vides an appropriation or direct spending for any other

26 item or contains any other matter, but that bill or joint
12

•S 100 RIS

1 resolution, amendment, or conference report may contain

2 rescissions of budget authority or reductions of direct

3 spending, or that amendment may reduce for that emer4 gency.’’.

5 (d) CONFORMING AMENDMENT.—The table of con6 tents set forth in section 1(b) of the Congressional Budget

7 and Impoundment Control Act of 1974 is amended by in8 serting after the item relating to section 406 the following

9 new item:

‘‘Sec. 407. Point of order regarding emergencies.’’.

10 SEC. 8. SAVINGS FROM RESCISSION BILLS USED FOR DEFI11 CIT REDUCTION.

12 (a) IN GENERAL.—Not later than 45 days of continu13 ous session after the President vetoes an appropriations

14 measure or an authorization measure, the President

15 shall—

16 (1) with respect to appropriations measures, re17 duce the discretionary spending limits under section

18 601 of the Congressional Budget Act of 1974 for the

19 budget year and each outyear by the amount by

20 which the measure would have increased the deficit

21 in each respective year; and

22 (2) with respect to a repeal of direct spending,

23 or a targeted tax benefit, reduce the balances for the

24 budget year and each outyear under section 252(b)

25 of the Balanced Budget and Emergency Deficit Con-
13

•S 100 RIS

1 trol Act of 1985 by the amount by which the meas2 ure would have increased the deficit in each respec3 tive year.

4 (b) EXCEPTIONS.—

5 (1) IN GENERAL.—This section shall not apply

6 if the vetoed appropriations measure or authoriza7 tion measure becomes law, over the objections of the

8 President, before the President orders the reduction

9 required by subsections (a)(1) or (a)(2).

10 (2) RESTORATION OF LIMITS.—If the vetoed

11 appropriations measure or authorization measure be12 comes law, over the objections of the President, after

13 the President has ordered the reductions required by

14 subsections (a)(1) or (a)(2), then the President shall

15 restore the discretionary spending limits under sec16 tion 601 of the Congressional Budget Act of 1974

17 or the balances under section 252(b) of the Bal18 anced Budget and Emergency Deficit Control Act of

19 1985 to reflect the positions existing before the re20 duction ordered by the President in compliance with

21 subsection (a).

22 SEC. 9. EVALUATION AND SUNSET OF TAX EXPENDITURES.

23 (a) LEGISLATION FOR SUNSETTING TAX EXPENDI24 TURES.—The President shall submit legislation for the
14

•S 100 RIS

1 periodic review, reauthorization, and sunset of tax expend2 itures with his fiscal year 2000 budget.

3 (b) BUDGET CONTENTS AND SUBMISSION TO CON4 GRESS.—Section 1105(a) of title 31, United States Code,

5 is amended by adding after paragraph (30) the following:

6 ‘‘(31) beginning with fiscal year 2002, a Fed7 eral Government performance plan for measuring

8 the overall effectiveness of tax expenditures, includ9 ing a schedule for periodically assessing the effects

10 of specific tax expenditures in achieving performance

11 goals.’’.

12 (c) PILOT PROJECTS.—Section 1118(c) of title 31,

13 United States Code, is amended by—

14 (1) striking ‘‘and’’ after the semicolon in para15 graph (2);

16 (2) redesignating paragraph (3) as paragraph

17 (4); and

18 (3) adding after paragraph (2) the following:

19 ‘‘(3) describe the framework to be utilized by

20 the Director of the Office of Management and Budg21 et, after consultation with the Secretary of the

22 Treasury, the Comptroller General of the United

23 States, and the Joint Committee on Taxation, for

24 undertaking periodic analyses of the effects of tax

25 expenditures in achieving performance goals and the
15

•S 100 RIS

1 relationship between tax expenditures and spending

2 programs; and’’.

3 (d) CONGRESSIONAL BUDGET ACT.—Part A of title

4 IV of the Congressional Budget Act of 1974 is amended

5 by adding at the end thereof the following:

6 ‘‘TAX EXPENDITURES

7 ‘‘SEC. 408. It shall not be in order in the House of

8 Representatives or the Senate to consider any bill, joint

9 resolution, amendment, motion, or conference report that

10 contains a tax expenditure unless the bill, joint resolution,

11 amendment, motion, or conference report provides that

12 the tax expenditure will terminate not later than 10 years

13 after the date of enactment of the tax expenditure.’’.

14 SEC. 10. SEVERABILITY.

15 If any provision of this Act, or the application of such

16 provision to any person or circumstance is held unconsti17 tutional, the remainder of this Act and the application of

18 the provisions of such Act to any person or circumstance

19 shall not be affected thereby.

20 SEC. 11. EFFECTIVE DATE.

21 The provisions of this Act and the amendments made

22 by this Act shall apply to measures passed by the Congress

23 beginning with the date of the enactment of this Act and

24 ending on September 30, 2004.

Æ