[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 524 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                 S. 524

 To amend the Congressional Budget and Impoundment Control Act of 1974 
    to provide for the expedited consideration of certain proposed 
                    rescissions of budget authority.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 4, 2009

  Mr. Feingold (for himself and Mr. McCain) introduced the following 
 bill; which was read twice and referred to the Committee on the Budget

_______________________________________________________________________

                                 A BILL


 
 To amend the Congressional Budget and Impoundment Control Act of 1974 
    to provide for the expedited consideration of certain proposed 
                    rescissions of budget authority.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Congressional Accountability and 
Line-Item Veto Act of 2009''.

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 sections 1019 and 1020, respectively) and part C and 
inserting the following:

                  ``Part B--Legislative Line-Item Veto

                       ``line item veto authority

    ``Sec. 1011.  (a) Proposed Cancellations.--Within 30 calendar days 
after the enactment of any bill or joint resolution containing any 
congressional earmark or providing any limited tariff benefit or 
targeted tax benefit, the President may propose, in the manner provided 
in subsection (b), the repeal of the congressional earmark or the 
cancellation of any limited tariff benefit or targeted tax benefit. If 
the 30 calendar-day period expires during a period where either House 
of Congress stands adjourned sine die at the end of Congress or for a 
period greater than 30 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.--
                    ``(A) In general.--The President may transmit to 
                the Congress a special message proposing to repeal any 
                congressional earmarks or to cancel any limited tariff 
                benefits or targeted tax benefits.
                    ``(B) Contents of special message.--Each special 
                message shall specify, with respect to the 
                congressional earmarks, limited tariff benefits, or 
                targeted tax benefits to be repealed or canceled--
                            ``(i) the congressional earmark that the 
                        President proposes to repeal or the limited 
                        tariff benefit or the targeted tax benefit that 
                        the President proposes be canceled;
                            ``(ii) the specific project or governmental 
                        functions involved;
                            ``(iii) the reasons why such congressional 
                        earmark should be repealed or such limited 
                        tariff benefit or targeted tax benefit should 
                        be canceled;
                            ``(iv) to the maximum extent practicable, 
                        the estimated fiscal, economic, and budgetary 
                        effect (including the effect on outlays and 
                        receipts in each fiscal year) of the proposed 
                        repeal or cancellation;
                            ``(v) to the maximum extent practicable, 
                        all facts, circumstances, and considerations 
                        relating to or bearing upon the proposed repeal 
                        or cancellation and the decision to propose the 
                        repeal or cancellation, and the estimated 
                        effect of the proposed repeal or cancellation 
                        upon the objects, purposes, or programs for 
                        which the congressional earmark, limited tariff 
                        benefit, or the targeted tax benefit is 
                        provided;
                            ``(vi) a numbered list of repeals and 
                        cancellations to be included in an approval 
                        bill that, if enacted, would repeal 
                        congressional earmarks and cancel limited 
                        tariff benefits or targeted tax benefits 
                        proposed in that special message; and
                            ``(vii) if the special message is 
                        transmitted subsequent to or at the same time 
                        as another special message, a detailed 
                        explanation why the proposed repeals or 
                        cancellations are not substantially similar to 
                        any other proposed repeal or cancellation in 
                        such other message.
                    ``(C) Duplicative proposals prohibited.--The 
                President may not propose to repeal or cancel the same 
                or substantially similar congressional earmark, limited 
                tariff benefit, or targeted tax benefit more than one 
                time under this Act.
                    ``(D) Maximum number of special messages.--The 
                President may not transmit to the Congress more than 
                one special message under this subsection related to 
                any bill or joint resolution described in subsection 
                (a), but may transmit not more than 2 special messages 
                for any omnibus budget reconciliation or appropriation 
                measure.
            ``(2) Enactment of approval bill.--
                    ``(A) Deficit reduction.--Congressional earmarks, 
                limited tariff benefits, or targeted tax benefits which 
                are repealed or canceled pursuant to enactment of a 
                bill as provided under 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 enactment of an approval bill as provided 
                under this section, the chairs of the Committees on the 
                Budget of the Senate and the House of Representatives 
                shall revise allocations and aggregates and other 
                appropriate levels under the appropriate concurrent 
                resolution on the budget to reflect the repeal or 
                cancellation, and the applicable committees shall 
                report revised suballocations pursuant to section 
                302(b), as appropriate.
                    ``(C) Adjustments to statutory limits.--After 
                enactment of an approval bill as provided under this 
                section, the Office of Management and Budget shall 
                revise applicable limits under the Balanced Budget and 
                Emergency Deficit Control Act of 1985, as appropriate.
                    ``(D) Trust funds and special funds.--
                Notwithstanding subparagraph (A), nothing in this part 
                shall be construed to require or allow the deposit of 
                amounts derived from a trust fund or special fund which 
                are canceled pursuant to enactment of a bill as 
                provided under this section to any other fund.

                ``procedures for expedited consideration

    ``Sec. 1012.  (a) Expedited Consideration.--
            ``(1) In general.--The majority leader or minority leader 
        of each House or his designee shall (by request) introduce an 
        approval bill as defined in section 1017 not later than the 
        third day of session of that House after the date of receipt of 
        a special message transmitted to the Congress under section 
        1011(b). If the bill is not introduced as provided in the 
        preceding sentence in either House, then, on the fourth day of 
        session of that House after the date of receipt of the special 
        message, any Member of that House may introduce the bill.
            ``(2) Consideration in the house of representatives.--
                    ``(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 
                adopted a concurrent resolution providing for 
                adjournment sine die at the end of a Congress, such 
                committee shall be automatically discharged from 
                further consideration of the bill and it shall be 
                placed on the appropriate calendar.
                    ``(B) Proceeding to consideration.--After an 
                approval bill is reported by or discharged from 
                committee 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 legislative 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 
                disposed 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 motion 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 consideration 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 
                controlled 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 received from 
                the Senate shall not be referred to committee.
            ``(3) Consideration in the senate.--
                    ``(A) Referral and reporting.--Any committee of the 
                Senate to which an approval bill is referred shall 
                report it to the Senate 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 Senate has adopted a 
                concurrent resolution providing for adjournment sine 
                die at the end of a Congress, such committee shall be 
                automatically discharged from further consideration of 
                the bill and it shall be placed on the appropriate 
                calendar.
                    ``(B) Motion to proceed to consideration.--After an 
                approval bill is reported by or discharged from 
                committee or the Senate 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 Senate. A 
                motion to proceed to the consideration of a bill under 
                this subsection in the Senate 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.
                    ``(C) 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 subparagraph (D)), shall not exceed 10 
                hours, equally divided and controlled in the usual 
                form.
                    ``(D) 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.
                    ``(E) Motion to limit debate.--A motion in the 
                Senate to further limit debate on a bill under this 
                subsection is not debatable.
                    ``(F) Motion to recommit.--A motion to recommit a 
                bill under this subsection is not in order.
                    ``(G) 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 a vote under 
                        subparagraph (C), then the Senate may consider, 
                        and the vote under subparagraph (C) may occur 
                        on, the House companion bill.
                            ``(ii) Procedure after vote on senate 
                        bill.--If the Senate votes, pursuant to 
                        subparagraph (C), on the bill introduced in the 
                        Senate, then immediately following 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 Senate 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.

                   ``presidential deferral authority

    ``Sec. 1013.  (a) Temporary Presidential Authority To Withhold 
Congressional Earmarks.--
            ``(1) In general.--At the same time as the President 
        transmits to the Congress a special message pursuant to section 
        1011(b), the President may direct that any congressional 
        earmark to be repealed in that special message shall not be 
        made available for obligation for a period of 45 calendar days 
        of continuous session of the Congress after the date on which 
        the President transmits the special message to the Congress.
            ``(2) Early availability.--The President shall make any 
        congressional earmark deferred pursuant to paragraph (1) 
        available at a time earlier than the time specified by the 
        President if the President determines that continuation of the 
        deferral would not further the purposes of this Act.
    ``(b) Temporary Presidential Authority To Suspend a Limited Tariff 
Benefit.--
            ``(1) In general.--At the same time as the President 
        transmits to the Congress a special message pursuant to section 
        1011(b), the President may suspend the implementation of any 
        limited tariff benefit proposed to be canceled in that special 
        message for a period of 45 calendar days of continuous session 
        of the Congress after the date on which the President transmits 
        the special message to the Congress.
            ``(2) Early availability.--The President shall terminate 
        the suspension of any limited tariff benefit at a time earlier 
        than the time specified by the President if the President 
        determines that continuation 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 message pursuant to section 
        1011(b), the President may suspend the implementation of any 
        targeted tax benefit proposed to be repealed in that special 
        message for a period of 45 calendar days of continuous session 
        of the Congress after the date on which 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 continuation of the suspension would not 
        further the purposes of this Act.

               ``identification of targeted tax benefits

    ``Sec. 1014.  (a) Statement.--The chairman of the Committee on Ways 
and Means of the House of Representatives and the chairman of the 
Committee on Finance of the Senate acting jointly (hereafter in this 
subsection referred to as the `chairmen') 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 targeted tax benefits. The 
chairmen shall provide to the committee of conference a statement 
identifying any such targeted tax benefits or declaring that the bill 
or joint resolution does not 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 reconciliation 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 manner set forth in paragraph (2).
            ``(2) Applicability.--The separate section permitted under 
        subparagraph (A) shall read as follows: `Section 1021 of the 
        Congressional Budget and Impoundment Control Act of 1974 shall 
        ______ apply to ________.', 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 in the second blank space; 
                or
                    ``(B) in any case in which the chairmen declare 
                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 in any revenue 
        estimate prepared by the Joint Committee on Taxation for any 
        conference report which accompanies such bill or joint 
        resolution, or
            ``(2) in the case of a statement described in 13 subsection 
        (b)(2)(B), indicate in such revenue estimate 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--
            ``(1) with a separate section described in subsection 
        (b)(2), then the President may use the authority granted in 
        this section only with respect to any targeted tax benefit in 
        that law, if any, identified 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 repeal of any congressional earmark or 
cancellation of any limited tariff benefit or targeted tax benefit 
shall take effect only upon enactment 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 repeals and 
cancellations contained in that bill shall be null and void and any 
such congressional earmark, limited tariff benefit, or targeted tax 
benefit shall be effective as of the original date provided in the law 
to which the proposed repeals or 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 congressional earmark is not repealed or 
limited tariff benefit 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 `appropriation 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 
        appropriations, 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 repeals of 
        congressional earmarks or cancellations of limited tariff 
        benefits 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 repeals and cancellations 
                transmitted by the President on ___', the blank space 
                being filled in with the date of transmission of the 
                relevant special message and the public law number to 
                which the message relates;
                    ``(B) which does not have a preamble;
                    ``(C) which provides only the following after the 
                enacting clause: `That the Congress approves of 
                proposed repeals and cancellations ___', the blank 
                space being filled in with a list of the repeals and 
                cancellations contained in the President's special 
                message, `as transmitted by the President in a special 
                message on ____', the blank space being filled in with 
                the appropriate date, `regarding ____.', the blank 
                space being filled in with the public law number to 
                which the special message relates;
                    ``(D) which only includes proposed repeals and 
                cancellations that are estimated by CBO to meet the 
                definition of congressional earmark or limited tariff 
                benefits, or that are identified as targeted tax 
                benefits pursuant to section 1014; and
                    ``(E) 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 midnight.
            ``(4) Cancel or cancellation.--The terms `cancel' or 
        `cancellation' means to prevent--
                    ``(A) a limited tariff benefit from having legal 
                force or effect, and to make any necessary, conforming 
                statutory change to ensure that such limited tariff 
                benefit is not implemented; or
                    ``(B) a targeted tax benefit from having legal 
                force or effect, and to make any necessary, conforming 
                statutory change to ensure that such targeted tax 
                benefit is not implemented and that any budgetary 
                resources are appropriately canceled.
            ``(5) CBO.--The term `CBO' means the Director of the 
        Congressional Budget Office.
            ``(6) Congressional earmark.--The term `congressional 
        earmark' means a provision or report language included 
        primarily at the request of a Member, Delegate, Resident 
        Commissioner, or Senator providing, authorizing or recommending 
        a specific amount of discretionary budget authority, credit 
        authority, or other spending authority for a contract, loan, 
        loan guarantee, grant, loan authority, or other expenditure 
        with or to an entity, or targeted to a specific State, locality 
        or Congressional district, other than through a statutory or 
        administrative formula-driven or competitive award process.
            ``(7) Entity.--As used in paragraph (6), the term `entity' 
        includes a private business, State, territory or locality, or 
        Federal entity.
            ``(8) Limited tariff benefit.--The term `limited tariff 
        benefit' means any provision of law that modifies the 
        Harmonized Tariff Schedule of the United States in a manner 
        that benefits 10 or fewer entities (as defined in paragraph 
        (12)(B)).
            ``(9) OMB.--The term `OMB' means the Director of the Office 
        of Management and Budget.
            ``(10) Omnibus reconciliation or appropriation measure.--
        The term `omnibus reconciliation 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 measure, any 
                such measure that provides appropriations for programs, 
                projects, or activities falling within 2 or more 
                section 302(b) suballocations.
            ``(11) Targeted tax benefit.--The term `targeted tax 
        benefit' means--
                    ``(A) any revenue provision that--
                            ``(i) provides a Federal tax deduction, 
                        credit, exclusion, or preference to a 
                        particular beneficiary or limited group of 
                        beneficiaries under the Internal Revenue Code 
                        of 1986; and
                            ``(ii) contains eligibility criteria that 
                        are not uniform in application with respect to 
                        potential beneficiaries of such provision; or
                    ``(B) any Federal tax provision which provides one 
                beneficiary temporary or permanent transition relief 
                from a change to the Internal Revenue Code of 1986.

                              ``expiration

    ``Sec. 1018.  This title shall have no force or effect on or after 
December 31, 2014''.

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 Office.--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 section 1011 
proposing to repeal any congressional earmark, the Director of the 
Congressional Budget Office shall prepare an estimate of the savings in 
budget authority or outlays resulting from such proposed repeal 
relative to the most recent levels calculated consistent with the 
methodology 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 section 1105(a) of title 31, United 
States Code, and transmit 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 Impoundment 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 congressional 
earmark, limited tariff benefit, or targeted tax benefit provided in an 
Act enacted on or after the date of enactment of this Act.

SEC. 4. SENSE OF CONGRESS ON ABUSE OF PROPOSED REPEALS AND 
              CANCELLATIONS.

    It is the sense of Congress no President or any executive branch 
official should condition the inclusion or exclusion or threaten to 
condition the inclusion or exclusion of any proposed repeal or 
cancellation in any special message under this section upon any vote 
cast or to be cast by any Member of either House of Congress.
                                 <all>