I 
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 Com-
mittee 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 Representa-
tives 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 appro-
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priation 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 com-
mittee 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 appropria-
tion 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 di-
rect spending or new limited tax benefit as a sepa-
rate 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 para-
graph (1), it shall not be in order in that House to 
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consider such measure. If a point of order under this 
paragraph is sustained, the measure shall be recom-
mitted to the committee of jurisdiction of that 
House. 
(c) CONFERENCE REPORTS.— 
(1) A committee of conference to which is com-
mitted an appropriations measure shall not file a 
conference report in either House that fails to con-
tain 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 com-
mitted an authorization measure shall not file a con-
ference 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 
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measure shall be deemed recommitted to the com-
mittee of conference. 
SEC. 3. WAIVERS AND APPEALS. 
Any provision of section 2 may be waived or sus-
pended 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 Mem-
bers 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 origi-
nating in the Senate) shall disaggregate the items as ref-
erenced in section 5(4) and assign each item a new bill 
number. Henceforth each item shall be treated as a sepa-
rate bill to be considered under the following subsections. 
The remainder of the bill not so disaggregated shall con-
stitute a separate bill and shall be considered with the 
other disaggregated bills pursuant to subsection (b). 
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(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 nec-
essary to distinguish such measure from other meas-
ures 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 im-
mediately placed on the appropriate calendar in the House 
of origination, and upon passage, placed on the appro-
priate calendar in the other House. They shall be the next 
order of business in each House and they shall be consid-
ered and voted on en bloc and shall not be subject to 
amendment. A motion to proceed to the bills shall be non-
debatable. 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. 
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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 sec-
tion 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 
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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 au-
thority to spend otherwise appro-
priated funds; or 
(III) conditions on an item of ap-
propriation not involving a positive al-
location of funds by explicitly prohib-
iting the use of any funds; and 
(B) with respect to an authorization meas-
ure— 
(i) any numbered section, or 
(ii) any unnumbered paragraph, 
that contains new direct spending or a new tar-
geted 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 
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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 transi-
tional relief for 10 or fewer beneficiaries in 
any fiscal year from a change to the Inter-
nal Revenue Code of 1986. 
(B) A provision shall not be treated as de-
scribed 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 re-
ceive the same treatment; 
(ii) all persons owning the same type 
of property, or issuing the same type of in-
vestment, 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 
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dependents, or tax return filing sta-
tus; 
(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 de-
scribed in subparagraph (A)(ii) if— 
(i) it provides for the retention of 
prior law with respect to all binding con-
tracts or other legally enforceable obliga-
tions in existence on a date contempora-
neous with congressional action specifying 
such date; or 
(ii) it is a technical correction to pre-
viously 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 Inter-
nal 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; 
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(iii) all holders of the same bond issue 
shall be treated as a single beneficiary; and 
(iv) if a corporation, partnership, as-
sociation, trust or estate is the beneficiary 
of a provision, the shareholders of the cor-
poration, 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 pro-
vision. 
(E) For purposes of this paragraph, the 
term ‘‘revenue-losing provision’’ means any pro-
vision 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 be-
ginning 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. 
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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 com-
mittee of conference a statement identifying any such lim-
ited tax benefits or declaring that the bill or joint resolu-
tion does not contain any limited tax benefits. Any such 
statement shall be made available to any Member of Con-
gress by the Joint Committee on Taxation immediately 
upon request. 
(b) STATEMENT INCLUDED IN LEGISLATION.—(1) 
Notwithstanding any other rule of the House of Rep-
resentatives or any rule or precedent of the Senate, any 
revenue or reconciliation bill or joint resolution which in-
cludes 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 state-
ment of the Joint Committee on Taxation, but only in the 
manner set forth in paragraph (2). 
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(2) The separate section permitted under paragraph 
(1) shall read as follows: ‘‘Section 1021(a)(3) of the Con-
gressional Budget and Impoundment Control Act of 1974 
shall lll apply to lll.’’, 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 pur-
suant to Article I, section 7, of the Constitution of the 
United States— 
(1) with a separate section described in sub-
section (b)(2), then the President may use the au-
thority granted in section 1021(a)(3) only to cancel 
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any limited tax benefit in that law, if any, identified 
in such separate section; or 
(2) without a separate section described in sub-
section (b)(2), then the President may use the au-
thority granted in section 1021(a)(3) to cancel any 
limited tax benefit in that law that meets the defini-
tion 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 ac-
tion, in the United States District Court for the Dis-
trict of Columbia, for declaratory judgment and in-
junctive 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 de-
livered 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. 
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