1.This Act may be cited as the
Separate Enrollment and Line Item Veto
Act of 2006
.
2.
(a)Appropriations
legislation
(1)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)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)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)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)
(1)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)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)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.
3.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.
4.
(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 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 6(4) and
assign each item a new bill number. After disaggregation each item shall be
treated as a separate bill to be considered as provided in subsection (b). 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)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)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.
5.
(a)Amounts of budget authority, new direct spending, and
revenues represented by a new targeted tax benefit contained in a bill enacted
under this Act that is vetoed (with such veto not overridden by Congress) shall
be dedicated only to deficit reduction and shall not be used as an offset for
other spending increases.
(b)Adjustments to
committee allocationsNot later than 5 days after the date a veto
described in subsection (a) is no longer subject to override, the chairs of the
Committees on the Budget of the Senate and the House of Representatives shall
revise levels under section 311(a) of the Congressional Budget Act of 1974 and
adjust the committee allocations under section 302(a) of the Congressional
Budget Act of 1974 to reflect the rescission, and the appropriate committees
shall report revised allocations pursuant to section 302(b) of the
Congressional Budget Act of 1974, as appropriate.
6.In this title:
(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 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.
7.
(a)
(1)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)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)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)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)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)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)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.