II

106TH CONGRESS

1ST SESSION S. 489

To provide an automatic tax rebate when the Federal tax burden grows

faster than the personal income of working Americans, and for other purposes.

IN THE SENATE OF THE UNITED STATES

FEBRUARY 25, 1999

Mr. GRAMS introduced the following bill; which was read twice and referred

to the Committee on Finance

A BILL

To provide an automatic tax rebate when the Federal tax

burden grows faster than the personal income of working

Americans, and for other purposes.

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 ‘‘National Tax Rebate

5 Act of 1999’’.

6 SEC. 2. NATIONAL TAX REBATE OF EXCESS FEDERAL REVE7 NUES.

8 (a) IN GENERAL.—Subject to section 407 of the Con9 gressional Budget Act of 1974, with respect to any fiscal

10 year in which the growth rate of Federal revenues exceeds
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1 the growth rate of personal income, the amount of Federal

2 revenues representing such excess growth shall be re3 funded pro rata by the Secretary of the Treasury among

4 those Federal individual income taxpayers reporting tax

5 liability on Federal individual income tax returns filed for

6 the taxable year ending in such fiscal year. Such refunds

7 shall be made not later than 90 days after the last day

8 of such fiscal year.

9 (b) DEFINITIONS.—For purposes of this section—

10 (1) GROWTH RATE OF FEDERAL REVENUES.—

11 (A) IN GENERAL.—The term ‘‘growth rate

12 of Federal revenues’’ means the most recent es13 timate of the percentage increase in Federal

14 revenues for any fiscal year over the preceding

15 fiscal year as calculated by the Office of Man16 agement and Budget.

17 (B) FEDERAL REVENUES.—The term

18 ‘‘Federal revenues’’ means all taxes, fees, li19 censes and charges for services, and other pay20 ments deposited in the Treasury of the United

21 States.

22 (2) GROWTH RATE OF PERSONAL INCOME.—

23 The term ‘‘growth rate of personal income’’ means

24 the most recent estimate of the percentage increase

25 in total personal disposable income for any fiscal
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1 year over the preceding fiscal year as calculated by

2 the Bureau of Economic Analysis of the Department

3 of Commerce.

4 SEC. 3. LIMITATION ON WAIVER OF NATIONAL TAX REBATE.

5 (a) POINT OF ORDER AGAINST WAIVER OF NA6 TIONAL TAX REBATE OF EXCESS FEDERAL REVENUES.—

7 Title IV of the Congressional Budget Act of 1974 is

8 amended by—

9 (1) redesignating section 407 as section 408;

10 and

11 (2) inserting after section 406 the following:

12 ‘‘POINT OF ORDER AGAINST WAIVER OF NATIONAL TAX

13 REBATE OF EXCESS FEDERAL REVENUES

14 ‘‘SEC. 407. (a) IN GENERAL.—Except as otherwise

15 provided in this section and notwithstanding any other

16 provision of law, it shall not be in order in the Senate

17 or House of Representatives to consider any bill, resolu18 tion, or resolution of ratification (or amendment, motion,

19 or conference report on that bill or resolution) that would

20 waiver the national tax rebate of excess Federal revenues

21 for any fiscal year as determined under section 2 of the

22 National Tax Rebate Act of 1999.

23 ‘‘(b) EXCEPTION FOR DECLARATION OF WAR.—This

24 section shall not apply if a declaration of war by the Con25 gress is in effect.
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1 ‘‘(c) TIMING OF POINTS OF ORDER IN THE SEN2 ATE.—A point of order under this section may not be

3 raised against a bill, resolution, amendment, motion, or

4 conference report while an amendment or motion, the

5 adoption of which would remedy the violation of section

6 (a), is pending before the Senate.

7 ‘‘(d) POINTS OF ORDER IN THE SENATE AGAINST

8 AMENDMENTS BETWEEN THE HOUSES.—The provision of

9 subsection (a) that establishes a point of order against an

10 amendment also establishes a point of order in the Senate

11 against an amendment between the Houses. If a point of

12 order under subsection (a) is raised in the Senate against

13 an amendment between the Houses and the point of order

14 is sustained, the effect shall be the same as if the Senate

15 had disagreed to the amendment.

16 ‘‘(e) EFFECT OF A POINT OF ORDER IN THE SEN17 ATE.—In the Senate, if a point of order under subsection

18 (a) against a bill or resolution is sustained, the Presiding

19 Officer shall then recommit the bill or resolution to the

20 committee of appropriate jurisdiction for further consider21 ation.

22 ‘‘(f) WAIVER.—A point of order under subsection (a)

23 may be waived or suspended in the Senate and the House

24 of Representatives only by the affirmative vote of two25 thirds of the Members, duly chosen and sworn.’’.
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1 (c) CLERICAL AMENDMENT.—The table of contents

2 of the Congressional Budget and Impoundment Control

3 Act of 1974 is amended in title IV by—

4 (1) redesignating section 407 as section 408;

5 and

6 (2) inserting after the item for section 406 the

7 following:

‘‘Sec. 407. Point of order against waiver of national tax rebate of excess Federal

revenues.’’.

8 (d) EFFECTIVE DATE.—The provisions of, and

9 amendments made by, this section shall apply to fiscal

10 years ending after the date of enactment of this Act.

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