[Congressional Record Volume 155, Number 38 (Wednesday, March 4, 2009)]
[Senate]
[Pages S2768-S2770]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. FEINGOLD (for himself and Mr. McCain):
  S. 524. 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; to the Committee on 
the Budget.
  Mr. FEINGOLD. Mr. President, I am pleased to once again offer this 
measure, the Congressional Accountability and Line-Item Veto Act of 
2009 with my colleague from Wisconsin, the Ranking Member of the House 
Budget Committee, Congressman Paul Ryan. I have worked with Congressman 
Ryan on this issue for the last two years. He and I belong to different 
political parties, and differ on many issues. But we do share at least 
two things in common--our hometown of Janesville, WI, and an abiding 
respect for Wisconsin's tradition of fiscal responsibility.
  I am also delighted to be joined by my colleague, the senior Senator 
from Arizona, Mr. McCain, in introducing the Congressional 
Accountability and Line-Item Veto Act of 2009. Senator McCain has been 
one of the preeminent champions of earmark reform, and I have been 
pleased to work with him in fighting this abuse over the last two 
decades.
  The measure we are each introducing today would grant the President 
specific authority to rescind or cancel congressional earmarks, 
including earmarked spending, tax breaks, and tariff benefits. This new 
authority would sunset at the end of 2014, ensuring that Congress will 
have a chance to review its use in two different presidential terms 
before considering whether or not to extend it. While not a true line-
item veto bill, our measure provides for fast-track consideration of 
the President's proposed cancellation of earmarks. Thus, unlike current 
law, it ensures that for the specific category of congressional 
earmarks, the President will get an up or down vote on his proposed 
cancellations.
  There have been a number of so-called line-item veto proposals 
offered in the past several years. But the measure we propose today is 
unique in that it specifically targets the very items that every line-
item veto proponent cites when promoting a particular measure, namely 
earmarks. When President Bush asked for this kind of authority, the 
examples he gave when citing wasteful spending he wanted to target were 
congressional earmarks.
  When Members of the House or Senate tout a new line-item veto 
authority to go after government waste, the examples they give are 
congressional earmarks. When editorial pages argue for a new line-item 
veto, they, too, cite congressional earmarks as the reason for granting 
the President this new authority.
  That is exactly what our bill does. It provides the President with 
new expedited rescission authority--what has been commonly referred to 
as a line-item veto--to cancel congressional earmarks. The definitions 
of earmarks that we use are the very definitions upon which each house 
has agreed in passing the Honest Leadership and Open Government Act in 
the 110th Congress.
  Unauthorized congressional earmarks are a serious problem. By one 
estimate, in 2004 alone more than $50 billion in earmarks were passed. 
While some in Congress may wish to dismiss this issue, this year a 
single bill, the omnibus appropriations bill we are considering in the 
Senate, has by one count over eight thousand earmarks that cost over $7 
billion. That is just one bill. We haven't even begun the 
appropriations process for the coming i cal year.
  There is no excuse for a system that allows that kind of wasteful 
spending year after year, and while I have opposed granting the 
President line-item veto authority to effectively reshape programs like 
Medicare and Medicaid, for this specific category, I support giving the 
President this additional tool.
  Under our proposal, wasteful spending does not have anywhere to hide. 
It is out in the open, so that both Congress and the President have a 
chance to get rid of wasteful projects before they begin.
  The taxpayers--who pay the price for these projects--deserve a 
process that shows some real fiscal discipline, and that's what we are 
trying to get at with this legislation.
  President Obama recognizes the pernicious effect earmarks have on the 
entire process. When he asked Congress to take the extraordinary step 
of sending him a massive economic recovery package, he knew such a 
large package of spending and tax cuts would naturally attract 
earmarks. He also recognized that were earmarks to be added to the 
bill, it would undermine his ability to get it enacted, so he rightly 
insisted it be free of earmarks.
  I was pleased to hear reports that President Obama looks forward to 
giving the line item veto a ``test drive.'' I very much hope that with 
this bill we can give him that opportunity.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 524

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

[[Page S2769]]

     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

[[Page S2770]]

     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 ______