I 
110TH CONGRESS 
1ST SESSION H. R. 1375 
To amend the Congressional Budget and Impoundment Control Act of 1974 
to provide for the expedited consideration of certain proposed rescissions 
of budget authority, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 7, 2007 
Mr. BUCHANAN introduced the following bill; which was referred to the Com-
mittee on the Budget, and in addition to the Committee on Rules, 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 com-
mittee concerned 
A BILL 
To amend the Congressional Budget and Impoundment Con-
trol Act of 1974 to provide for the expedited consider-
ation of certain proposed rescissions of budget authority, 
and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Earmark Account-
ability and Reform Act of 2007’’. 
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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 sec-
tions 1019 and 1020, respectively) and part C and insert-
ing the following: 
‘‘PART B—LEGISLATIVE LINE-ITEM VETO 
‘‘LINE ITEM VETO AUTHORITY 
‘‘SEC. 1011. (a) PROPOSED CANCELLATIONS.—With-
in 45 calendar days after the enactment of any bill or joint 
resolution providing any discretionary budget authority, 
item of direct spending, or targeted tax benefit, the Presi-
dent may propose, in the manner provided in subsection 
(b), the cancellation of any dollar amount of such discre-
tionary budget authority, item of direct spending, or tar-
geted tax benefit. If the 45 calendar-day period expires 
during a period where either House of Congress stands 
adjourned sine die at the end of a Congress or for a period 
greater than 45 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.— 
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‘‘(A) IN
GENERAL.—The President may 
transmit to the Congress a special message pro-
posing to cancel any dollar amounts of discre-
tionary budget authority, items of direct spend-
ing, or targeted tax benefits. 
‘‘(B) CONTENTS OF SPECIAL MESSAGE.— 
Each special message shall specify, with respect 
to the discretionary budget authority, items of 
direct spending proposed, or targeted tax bene-
fits to be canceled— 
‘‘(i) the dollar amount of discretionary 
budget authority, the specific item of direct 
spending (that OMB, after consultation 
with CBO, estimates to increase budget 
authority or outlays as required by section 
1017(9)), or the targeted tax benefit that 
the President proposes be canceled; 
‘‘(ii) any account, department, or es-
tablishment of the Government to which 
such discretionary budget authority is 
available for obligation, and the specific 
project or governmental functions involved; 
‘‘(iii) the reasons why such discre-
tionary budget authority, item of direct 
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spending, or targeted tax benefit should be 
canceled; 
‘‘(iv) to the maximum extent prac-
ticable, the estimated fiscal, economic, and 
budgetary effect (including the effect on 
outlays and receipts in each fiscal year) of 
the proposed cancellation; 
‘‘(v) to the maximum extent prac-
ticable, all facts, circumstances, and con-
siderations relating to or bearing upon the 
proposed cancellation and the decision to 
effect the proposed cancellation, and the 
estimated effect of the proposed cancella-
tion upon the objects, purposes, or pro-
grams for which the discretionary budget 
authority, item of direct spending, or the 
targeted tax benefit is provided; 
‘‘(vi) a numbered list of cancellations 
to be included in an approval bill that, if 
enacted, would cancel discretionary budget 
authority, items of direct spending, or tar-
geted tax benefits proposed in that special 
message; and 
‘‘(vii) if the special message is trans-
mitted subsequent to or at the same time 
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as another special message, a detailed ex-
planation why the proposed cancellations 
are not substantially similar to any other 
proposed cancellation in such other mes-
sage. 
‘‘(C) DUPLICATIVE
PROPOSALS
PROHIB-
ITED.—The President may not propose to can-
cel the same or substantially similar discre-
tionary budget authority, item of direct spend-
ing, or targeted tax benefit more than one time 
under this Act. 
‘‘(D) MAXIMUM NUMBER OF SPECIAL MES-
SAGES.—The President may not transmit to the 
Congress more than 5 special messages under 
this subsection related to any bill or joint reso-
lution described in subsection (a), but may 
transmit not more than 10 special messages for 
any omnibus budget reconciliation or appropria-
tion measure. 
‘‘(2) ENACTMENT OF APPROVAL BILL.— 
‘‘(A) DEFICIT
REDUCTION.—Amounts of 
budget authority, items of direct spending, or 
targeted tax benefits which are canceled pursu-
ant to enactment of a bill as provided under 
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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 enact-
ment of an approval bill as provided under this 
section, the chairs of the Committees on the 
Budget of the Senate and the House of Rep-
resentatives shall revise allocations and aggre-
gates and other appropriate levels under the ap-
propriate concurrent resolution on the budget to 
reflect the cancellation, and the applicable com-
mittees shall report revised suballocations pur-
suant to section 302(b), as appropriate. 
‘‘(C) ADJUSTMENTS TO STATUTORY LIM-
ITS.—After enactment of an approval bill as 
provided under this section, the Office of Man-
agement and Budget shall revise applicable lim-
its under the Balanced Budget and Emergency 
Deficit Control Act of 1985, as appropriate. 
‘‘(D) 
TRUST
FUNDS
AND
SPECIAL 
FUNDS.—Nothwithstanding subparagraph (A), 
nothing in this part shall be construed to re-
quire or allow the deposit of amounts derived 
from a trust fund or special fund which are 
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canceled pursuant to enactment of a bill as pro-
vided under this section to any other fund. 
‘‘PROCEDURES FOR EXPEDITED CONSIDERATION 
‘‘SEC. 1012. (a) EXPEDITED CONSIDERATION.— 
‘‘(1) IN GENERAL.—The majority leader of each 
House or his designee shall (by request) introduce 
an approval bill as defined in section 1017 not later 
than the fifth day of session of that House after the 
date of receipt of a special message transmitted to 
the Congress under section 1011(b). 
‘‘(2) CONSIDERATION IN THE HOUSE OF REP-
RESENTATIVES.— 
‘‘(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 adopt-
ed a concurrent resolution providing for ad-
journment sine die at the end of a Congress, it 
shall be in order to move that the House dis-
charge the committee from further consider-
ation of the bill. Such a motion shall be in 
order only at a time designated by the Speaker 
in the legislative schedule within two legislative 
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days after the day on which the proponent an-
nounces his intention to offer the motion. Such 
a motion shall not be in order after a committee 
has reported an approval bill with respect to 
that special message or after the House has dis-
posed of a motion to discharge with respect to 
that special message. The previous question 
shall be considered as ordered on the motion to 
its adoption without intervening motion except 
twenty minutes of debate equally divided and 
controlled by the proponent and an opponent. If 
such a motion is adopted, the House shall pro-
ceed immediately to consider the approval bill 
in accordance with subparagraph (C). A motion 
to reconsider the vote by which the motion is 
disposed of shall not be in order. 
‘‘(B) PROCEEDING TO CONSIDERATION.— 
After an approval bill is reported or a com-
mittee has been discharged from further consid-
eration, 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 leg-
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islative 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 dis-
posed 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 mo-
tion 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 consid-
eration 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 con-
trolled 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 re-
ceived from the Senate shall not be referred to 
committee. 
‘‘(3) CONSIDERATION IN THE SENATE.— 
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‘‘(A) MOTION TO PROCEED TO CONSIDER-
ATION.—A motion to proceed to the consider-
ation of a bill under this subsection in the Sen-
ate 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. 
‘‘(B) 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 sub-
paragraph (D)), shall not exceed 10 hours, 
equally divided and controlled in the usual 
form. 
‘‘(C) 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. 
‘‘(D) MOTION TO LIMIT DEBATE.—A mo-
tion in the Senate to further limit debate on a 
bill under this subsection is not debatable. 
‘‘(E) MOTION TO RECOMMIT.—A motion to 
recommit a bill under this subsection is not in 
order. 
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‘‘(F) 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 the 
vote required under paragraph (1)(C), then 
the Senate may consider, and the vote 
under paragraph (1)(C) may occur on, the 
House companion bill. 
‘‘(ii) PROCEDURE
AFTER
VOTE
ON 
SENATE BILL.—If the Senate votes, pursu-
ant to paragraph (1)(C), on the bill intro-
duced in the Senate, then immediately fol-
lowing 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 Sen-
ate 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. 
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‘‘PRESIDENTIAL DEFERRAL AUTHORITY 
‘‘SEC. 1013. (a) TEMPORARY PRESIDENTIAL AU-
THORITY TO WITHHOLD DISCRETIONARY BUDGET AU-
THORITY.— 
‘‘(1) IN GENERAL.—At the same time as the 
President transmits to the Congress a special mes-
sage pursuant to section 1011(b), the President may 
direct that any dollar amount of discretionary budg-
et authority to be canceled in that special message 
shall not be made available for obligation for a pe-
riod not to exceed 45 calendar days from the date 
the President transmits the special message to the 
Congress. 
‘‘(2) EARLY
AVAILABILITY.—The President 
shall make any dollar amount of discretionary budg-
et authority deferred pursuant to paragraph (1) 
available at a time earlier than the time specified by 
the President if the President determines that con-
tinuation of the deferral would not further the pur-
poses of this Act. 
‘‘(b) TEMPORARY PRESIDENTIAL AUTHORITY TO 
SUSPEND DIRECT SPENDING.— 
‘‘(1) IN GENERAL.—At the same time as the 
President transmits to the Congress a special mes-
sage pursuant to section 1011(b), the President may 
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suspend the implementation of any item of direct 
spending proposed to be canceled in that special 
message for a period not to exceed 45 calendar days 
from the date the President transmits the special 
message to the Congress. 
‘‘(2) EARLY
AVAILABILITY.—The President 
shall terminate the suspension of any item of direct 
spending at a time earlier than the time specified by 
the President if the President determines that con-
tinuation 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 mes-
sage pursuant to section 1011(b), the President may 
suspend the implementation of any targeted tax ben-
efit proposed to be repealed in that special message 
for a period not to exceed 45 calendar days from the 
date 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 con-
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tinuation of the suspension would not further the 
purposes of this Act. 
‘‘(d) EXTENSION OF 45-DAY PERIOD.—The Presi-
dent may transmit to the Congress not more than one sup-
plemental special message to extend the period to suspend 
the implementation of any discretionary budget authority, 
item of direct spending, or targeted tax benefit, as applica-
ble, by an additional 45 calendar days. Any such supple-
mental message may not be transmitted to the Congress 
before the 40th day of the 45-day period set forth in the 
preceding message or later than the last day of such pe-
riod. 
‘‘IDENTIFICATION OF TARGETED TAX BENEFITS 
‘‘SEC. 1014. (a) STATEMENT.—The chairman of the 
Committee on Ways and Means of the House of Rep-
resentatives and the chairman of the Committee on Fi-
nance of the Senate acting jointly (hereafter in this sub-
section referred to as the ‘chairmen’) shall review any rev-
enue or reconciliation bill or joint resolution which in-
cludes 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 ben-
efits. The chairmen shall provide to the committee of con-
ference a statement identifying any such targeted tax ben-
efits or declaring that the bill or joint resolution does not 
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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 reconcili-
ation 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 man-
ner set forth in paragraph (2). 
‘‘(2) APPLICABILITY.—The separate section 
permitted under subparagraph (A) shall read as fol-
lows: ‘Section 1021 of the Congressional Budget and 
Impoundment 
Control 
Act 
of 
1974 
shall 
llllllapply to llllllll.’, 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 
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identified by the chairmen in such statement in 
the second blank space; or 
‘‘(B) in any case in which the chairmen de-
clare 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 
identified by the chairmen in such statement in any 
revenue estimate prepared by the Joint Committee 
on Taxation for any conference report which accom-
panies such bill or joint resolution, or 
‘‘(2) in the case of a statement described in 13 
subsection (b)(2)(B), indicate in such revenue esti-
mate 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— 
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‘‘(1) with a separate section described in sub-
section (b)(2), then the President may use the au-
thority granted in this section only with respect to 
any targeted tax benefit in that law, if any, identi-
fied 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 cancellation of any dollar amount 
of discretionary budget authority, item of direct spending, 
or targeted tax benefit shall take effect only upon enact-
ment 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 cancellations 
contained in that bill shall be null and void and any such 
dollar amount of discretionary budget authority, item of 
direct spending, or targeted tax benefit shall be effective 
as of the original date provided in the law to which the 
proposed 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 discretionary 
budget authority is not made available for obligation or 
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item of direct spending 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 ‘appro-
priation 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 ap-
propriations, 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 cancellations of dollar amounts of discre-
tionary budget authority, items of new direct spend-
ing, 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 cancellations trans-
mitted by the President on lll’, the blank 
space being filled in with the date of trans-
mission of the relevant special message and the 
public law number to which the message re-
lates; 
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‘‘(B) which does not have a preamble; and 
‘‘(C) which provides only the following 
after the enacting clause: ‘That the Congress 
approves of proposed cancellations lll’, the 
blank space being filled in with a list of the 
cancellations contained in the President’s spe-
cial message, ‘as transmitted by the President 
in a special message on llll’, the blank 
space being filled in with the appropriate date, 
‘regarding llll.’, the blank space being 
filled in with the public law number to which 
the special message relates; 
‘‘(D) which only includes proposed can-
cellations that are estimated by CBO to meet 
the definition of discretionary budgetary au-
thority or items of direct spending, or that are 
identified as targeted tax benefits pursuant to 
section 1014; 
‘‘(E) if any proposed cancellation other 
than discretionary budget authority or targeted 
tax benefits is estimated by CBO to not meet 
the definition of item of direct spending, then 
the approval bill shall include at the end: ‘The 
President shall cease the suspension of the im-
plementation of the following under section 
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1013 of the Earmark Accountability and Re-
form Act of 2007: llll’, the blank space 
being filled in with the list of such proposed 
cancellations; and 
‘‘(F) 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 mid-
night. 
‘‘(4) CANCEL OR CANCELLATION.—The terms 
‘cancel’ or ‘cancellation’ means to prevent— 
‘‘(A) budget authority from having legal 
force or effect; 
‘‘(B) in the case of entitlement authority, 
to prevent the specific legal obligation of the 
United States from having legal force or effect; 
‘‘(C) in the case of the food stamp pro-
gram, to prevent the specific provision of law 
that provides such benefit from having legal 
force or effect; or 
‘‘(D) a targeted tax benefit from having 
legal force or effect; and 
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to make any necessary, conforming statutory change 
to ensure that such targeted tax benefit is not imple-
mented and that any budgetary resources are appro-
priately canceled. 
‘‘(5) CBO.—The term ‘CBO’ means the Direc-
tor of the Congressional Budget Office. 
‘‘(6) DIRECT
SPENDING.—The term ‘direct 
spending’ means— 
‘‘(A) budget authority provided by law 
(other than an appropriation law); 
‘‘(B) entitlement authority; and 
‘‘(C) the food stamp program. 
‘‘(7) DOLLAR
AMOUNT
OF
DISCRETIONARY 
BUDGET
AUTHORITY.—(A) Except as provided in 
subparagraph (B), the term ‘dollar amount of dis-
cretionary budget authority’ means the entire dollar 
amount of budget authority— 
‘‘(i) specified in an appropriation law, 
or the entire dollar amount of budget au-
thority or obligation limitation required to 
be allocated by a specific proviso in an ap-
propriation law for which a specific dollar 
figure was not included; 
‘‘(ii) represented separately in any 
table, chart, or explanatory text included 
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in the statement of managers or the gov-
erning committee report accompanying 
such law; 
‘‘(iii) required to be allocated for a 
specific program, project, or activity in a 
law (other than an appropriation law) that 
mandates the expenditure of budget au-
thority from accounts, programs, projects, 
or activities for which budget authority is 
provided in an appropriation law; 
‘‘(iv) represented by the product of 
the estimated procurement cost and the 
total quantity of items specified in an ap-
propriation law or included in the state-
ment of managers or the governing com-
mittee report accompanying such law; or 
‘‘(v) represented by the product of the 
estimated procurement cost and the total 
quantity of items required to be provided 
in a law (other than an appropriation law) 
that mandates the expenditure of budget 
authority 
from 
accounts, 
programs, 
projects, or activities for which budget au-
thority is provided in an appropriation law. 
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‘‘(B) The term ‘dollar amount of discre-
tionary budget authority’ does not include— 
‘‘(i) direct spending; 
‘‘(ii) budget authority in an appro-
priation law which funds direct spending 
provided for in other law; 
‘‘(iii) any existing budget authority 
canceled in an appropriation law; or 
‘‘(iv) any restriction, condition, or lim-
itation in an appropriation law or the ac-
companying statement of managers or 
committee reports on the expenditure of 
budget authority for an account, program, 
project, or activity, or on activities involv-
ing such expenditure. 
‘‘(8) ITEM OF DIRECT SPENDING.—The term 
‘item of direct spending’ means any provision of law 
that results in an increase in budget authority or 
outlays for direct spending relative to the most re-
cent levels calculated consistent with the method-
ology used to calculate a baseline under section 257 
of the Balanced Budget and Emergency Deficit Con-
trol Act of 1985 and included with a budget submis-
sion under section 1105(a) of title 31, United States 
Code, in the first year or the 5-year period for which 
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the item is effective. However, such item does not in-
clude an extension or reauthorization of existing di-
rect spending, but instead only refers to provisions 
of law that increase such direct spending. 
‘‘(9) OMB.—The term ‘OMB’ means the Direc-
tor of the Office of Management and Budget. 
‘‘(10) OMNIBUS
RECONCILIATION
OR
APPRO-
PRIATION MEASURE.—The term ‘omnibus reconcili-
ation 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 meas-
ure, any such measure that provides appropria-
tions for programs, projects, or activities falling 
within 2 or more section 302(b) suballocations. 
‘‘(11) TARGETED TAX BENEFIT.—(A) The term 
‘targeted tax benefit’ means any revenue-losing pro-
vision that provides a Federal tax deduction, credit, 
exclusion, or preference to only one beneficiary (de-
termined with respect to either present law or any 
provision of which the provision is a part) under the 
Internal Revenue Code of 1986 in any year for 
which the provision is in effect; 
‘‘(B) for purposes of subparagraph (A)— 
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‘‘(i) all businesses and associations 
that are members of the same controlled 
group of corporations (as defined in sec-
tion 1563(a) of the Internal Revenue Code 
of 1986) shall be treated as a single bene-
ficiary; 
‘‘(ii) all shareholders, partners, mem-
bers, or beneficiaries of a corporation, 
partnership, association, or trust or estate, 
respectively, shall be treated as a single 
beneficiary; 
‘‘(iii) all employees of an employer 
shall be treated as a single beneficiary; 
‘‘(iv) all qualified plans of an em-
ployer shall be treated as a single bene-
ficiary; 
‘‘(v) all beneficiaries of a qualified 
plan shall be treated as a single bene-
ficiary; 
‘‘(vi) all contributors to a charitable 
organization shall be treated as a single 
beneficiary; 
‘‘(vii) all holders of the same bond 
issue shall be treated as a single bene-
ficiary; and 
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‘‘(viii) if a corporation, partnership, 
association, trust or estate is the bene-
ficiary of a provision, the shareholders of 
the corporation, the partners of the part-
nership, the members of the association, or 
the beneficiaries of the trust or estate shall 
not also be treated as beneficiaries of such 
provision; 
‘‘(C) for the purpose of this paragraph, the 
term ‘revenue-losing provision’ means any pro-
vision that is estimated to result in a reduction 
in Federal tax revenues (determined with re-
spect to either present law or any provision of 
which the provision is a part) 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; and 
‘‘(D) 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. 
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‘‘EXPIRATION 
‘‘SEC. 1018. This title shall have no force or effect 
on or after October 1, 2013.’’. 
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 OF-
FICE.—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 sec-
tion 1011 proposing to cancel any item of direct spending, 
the Director of the Congressional Budget Office shall pre-
pare an estimate of the savings in budget authority or out-
lays resulting from such proposed cancellation relative to 
the most recent levels calculated consistent with the meth-
odology 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 sec-
tion 1105(a) of title 31, United States Code, and transmit 
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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 Im-
poundment 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 dollar amount of discretionary budget 
authority, item of direct spending, or targeted tax benefit 
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provided in an Act enacted on or after the date of enact-
ment of this Act. 
SEC. 4. SENSE OF CONGRESS ON ABUSE OF PROPOSED 
CANCELLATIONS. 
It is the sense of Congress no President or any execu-
tive branch official should condition the inclusion or exclu-
sion or threaten to condition the inclusion or exclusion of 
any proposed cancellation in any special message under 
this section upon any vote cast or to be cast by any Mem-
ber of either House of Congress. 
SEC. 5. OUT OF SCOPE EARMARKS. 
Rule XXII of the Rules of the House of Representa-
tives is amended by adding at the end the following new 
clause: 
‘‘14.(a) Any earmark that was not committed to con-
ference by either the House of Representatives or the Sen-
ate in their disagreeing votes on a measure shall be consid-
ered out of scope under clause 9 of this rule. 
‘‘(b) As used in this clause, the term ‘earmark’ has 
the meaning given such term by clause 9(d) of rule XXI.’’. 
SEC. 6. ENFORCING THE 3-DAY LAYOVER. 
Clause 6 of rule XIII of the Rules of the House of 
Representatives is amended by adding at the end the fol-
lowing new clause: 
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‘‘(h) A report by the Committee on Rules on a rule 
or order waiving the three-day layover requirement of 
clause 4 of rule XIII or of clause 8 of rule XXII may 
not be called up for consideration except when so deter-
mined by a vote of two-thirds of the Members voting, a 
quorum being present.’’. 
Æ 
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