[Congressional Record Volume 141, Number 53 (Wednesday, March 22, 1995)]
[Senate]
[Pages S4387-S4388]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


                          AMENDMENTS SUBMITTED

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                 LEGISLATIVE LINE ITEM VETO ACT OF 1995

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                 BRADLEY (AND OTHERS) AMENDMENT NO. 403

  Mr. BRADLEY (for himself, Mr. Wellstone, Mr. Robb, Mr. Glenn, Mr. 
Kohl, Mr. Kerrey, Mr. Harkin, Mr. Feingold, Mr. Exon, Mr. Hollings, and 
Mr. Simon) proposed an amendment to amendment No. 347 proposed by Mr. 
Dole to the bill (S. 4) to grant the power to the President to reduce 
budget authority; as follows:

       On page 5, strike lines 13 through 20 and insert the 
     following:
       (5) the term `targeted tax benefit' means any provision 
     which has the practical effect of providing a benefit in the 
     form of a different treatment to a particular taxpayer or a 
     limited class of taxpayers, whether or not such provision is 
     limited by its terms to a particular taxpayer or a class of 
     taxpayers but such term does not include any benefit provided 
     to a class of taxpayers distinguished on the basis of general 
     demographic conditions such as income, number of dependents, 
     or marital status.
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                HOLLINGS (AND OTHERS) AMENDMENT NO. 404

  Mr. HOLLINGS (for himself, Mr. Kerrey, and Mr. Exon) proposed an 
amendment to amendment No. 347, proposed by Mr. Dole,  to the bill, S. 
4, supra; as follows:

       At the appropriate place insert the following:

     ``SEC.   . PAY-AS-YOU-GO.

       ``At the end of title III of the Congressional Budget Act 
     of 1974, insert the following new section:


                       ```enforcing pay-as-You-go

       ```Sec. 314. (a) Purpose.--The Senate declares that it is 
     essential to--
       ```(1) ensure continued compliance with the deficit 
     reduction embodied in the Omnibus Budget Reconciliation Act 
     of 1993; and
       ```(2) continue the pay-as-you-go enforcement system.
       ```(b) Point of order.--
       ```(1) In general.--It shall not be in order in the Senate 
     to consider any direct-spending or receipts legislation (as 
     defined in paragraph (3)) that would increase the deficit for 
     any one of the three applicable time periods (as defined in 
     paragraph (2)) as measured pursuant to paragraphs (4) and 
     (5).
       ```(2) Applicable time periods.--For purposes of this 
     subsection, the term ``applicable time period'' means any one 
     of the three following periods--
       ```(A) the first fiscal year covered by the most recently 
     adopted concurrent resolution on the budget;
       ```(B) the period of the 5 fiscal years covered by the most 
     recently adopted concurrent resolution on the budget; or
       ```(C) the period of the 5 fiscal years following the first 
     5 years covered by the most recently adopted concurrent 
     resolution on the budget.
       ```(3) Direct-spending or receipts legislation.--For 
     purposes of this subsection, the term ``direct-spending or 
     receipts legislation'' shall--
       ```(A) include any bill, resolution, amendment, motion, or 
     conference report to which this subsection otherwise applies;
       ```(B) include concurrent resolutions on the budget;
       ```(C) exclude full funding of, and continuation of, the 
     deposit insurance guarantee commitment in effect on the date 
     of enactment of the Budget Enforcement Act of 1990;
       ```(D) exclude emergency provisions so designated under 
     section 252(e) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985;
       ```(E) include the estimated amount of savings in direct-
     spending programs applicable to that fiscal year resulting 
     from the prior year's sequestration under the Balanced Budget 
     and Emergency Deficit Control Act of 1985, if any (except for 
     any amounts sequestered as a result of a net deficit increase 
     in the fiscal year immediately preceding the prior fiscal 
     year); and
       ```(F) except as otherwise provided in this subsection, 
     include all direct-spending legislation as that term is 
     interpreted for purposes of the Balanced Budget and Emergency 
     Deficit Control Act of 1985.
       ```(4) Baseline.--Estimates prepared pursuant to this 
     section shall use the most recent Congressional Budget Office 
     baseline, and for years beyond those covered by that Office, 
     shall abide by the requirements of section 257 of the 
     Balanced Budget and Emergency Deficit Control Act of 1985, 
     except that references to ``outyears'' in that section shall 
     be deemed to apply to any year (other than the budget year) 
     covered by any one of the time periods defined in paragraph 
     (2) of this subsection.
       ```(5) Prior surplus available.--If direct-spending or 
     receipts legislation increases the deficit when taken 
     individually (as a bill, joint resolution, amendment, motion, 
     or conference report, as the case may be), then it must also 
     increase the deficit when taken together with all direct-
     spending and receipts legislation enacted after the date or 
     enactment of the Omnibus Budget Reconciliation Act of 1993, 
     in order to violate the prohibition of this subsection.
       ```(c) Waiver.--This section may be waived or suspended in 
     the Senate only by the affirmative vote of three-fifths of 
     the Members, duly chosen and sworn.
       ```(d) Appeals.--Appeals in the Senate from the decisions 
     of the Chair relating to any provision of this section shall 
     be limited to 1 hour, to be equally divided between, and 
     controlled by, the appellant and the manager of the bill or 
     joint resolution, as the case may be. An affirmative vote of 
     three-fifths of the Members of the Senate, duly chosen and 
     sworn, shall be required in the Senate to sustain an appeal 
     of the ruling of the Chair on a point of order raised under 
     this section.
       ```(e) Determination of Budget Levels.--For purposes of 
     this section, the levels of new budget authority, outlays, 
     and receipts for a fiscal year shall be determined on the 
     basis of estimates made by the Committee on the Budget of the 
     Senate.
       ```(f) Sunset.--Subsections (a) through (e) of this section 
     shall expire September 30, 1998.'''
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                        GLENN AMENDMENT NO. 405

  Mr. GLENN proposed an amendment to the amendment No. 347 proposed by 
Mr. Dole to the bill, S. 4, supra; as follows:

       At the appropriate place insert the following:

     SEC.  . EVALUATION AND SUNSET OF TAX EXPENDITURES.

       (a) Legislation for Sunsetting Tax Expenditures.--The 
     President shall submit legislation for the periodic review, 
     reauthorization, and sunset of tax expenditures with his 
     fiscal year 1997 budget.
       (b) Budget Contents and Submission to Congress.--Section 
     1105(a) of title 31, United States Code, is amended by adding 
     at the end the following paragraph:
       ``(30) beginning with fiscal year 1999, a Federal 
     Government performance plan for measuring the overall 
     effectiveness of tax expenditures, including a schedule for 
     periodically assessing the effects of specific tax 
     expenditures in achieving performance goals.''.
       (c) Pilot Projects.--Section 1118(c) of title 31, United 
     States Code, is amended by--
       (1) striking ``and'' after the semicolon in paragraph (2);
       (2) redesignating paragraph (3) as paragraph (4); and
       (3) adding after paragraph (2) the following:
       ``(3) describe the framework to be utilized by the Director 
     of the Office of Management and Budget, after consultation 
     with the Secretary of the Treasury, the Comptroller General 
     of the United States, and the Joint Committee on Taxation, 
     for undertaking periodic analyses of the effects of tax 
     expenditures in achieving performance goals and the 
     relationship between tax expenditures and spending programs; 
     and''.
       (d) Congressional Budget Act.--Title IV of the 
     Congressional Budget Act of 1974 is amended by adding at the 
     end thereof the following:


                           ``tax expenditures

       ``Sec. 409. It shall not be in order in the House of 
     Representatives or the Senate to consider any bill, joint 
     resolution, amendment, motion, or conference report that 
     contains a tax expenditure unless the bill, joint resolution, 
     amendment, motion, or conference report provides that the tax 
     expenditure will terminate not later than 10 years after the 
     date of enactment of the tax expenditure.''.
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                  LEVIN (AND OTHERS) AMENDMENT NO. 406

  Mr. LEVIN (for himself, Mr. Murkowski, and Mr. Exon) proposed an 
amendment to the amendment No. 347 proposed by Mr. Dole to the bill, S. 
4, supra; as follows:

       At the end of Section 5(4)(A), strike ``; and'' and add the 
     following:
       ``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''.
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                  HATCH (AND OTHERS) AMENDMENT NO. 407

  Mr. HATCH (for himself, Mr. Roth, Mr. Heflin, and Mr. Abraham) 
proposed an amendment to amendment No. 347 proposed by Mr. Dole to the 
bill S. 4, supra; as follows:

       On page 3, line 21, after ``separately'' insert ``, except 
     for items of appropriation provided 
     [[Page S4388]]  for the judicial branch, which shall be 
     enrolled together in a single measure. For purposes of this 
     paragraph, the term `items of appropriation provided for the 
     judicial branch' means only those functions and expenditures 
     that are currently included in the appropriations accounts of 
     the judiciary, as those accounts are listed and described in 
     the Department of Commerce, Justice and State, the Judiciary, 
     and Related Agencies Appropriations Act, 1995 (Public Law 
     104-317)''.
     

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