H.R. 5667 - Deficit Reduction and Effective Legislative Line Item Veto Act of 2006

109th CONGRESS
2d Session

H. R. 5667

To amend the Congressional Budget and Impoundment Control Act of 1974 to provide for the expedited consideration of certain proposed rescissions of discretionary budget authority, promote fiscal responsibility, reinstate Pay-As-You-Go rules, require responsible use of reconciliation procedures, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

June 21, 2006

Mr. SPRATT introduced the following bill; which was referred to the Committee on the Budget, and in addition to the Committees on Rules and Standards of Official Conduct, 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

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 `Deficit Reduction and Effective Legislative Line Item Veto Act of 2006'.

TITLE I--LEGISLATIVE LINE ITEM VETO

SEC. 101. 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 1018 and 1019, respectively) and part C and inserting the following:

`Part B--Legislative Line Item Veto

`LINE ITEM VETO AUTHORITY

`SEC. 1011. (a) PROPOSED CANCELLATIONS- Within 10 calendar days after the enactment of any bill or joint resolution providing any discretionary budget authority or targeted tax benefit, the President may propose, in the manner provided in subsection (b), the cancellation of any dollar amount of such discretionary budget authority or targeted tax benefit. Except for emergency spending, if the 10 calendar-day period expires during a period where either House of Congress stands adjourned sine die at the end of a Congress or for a period greater than 10 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 cancel any dollar amounts of discretionary budget authority or targeted tax benefits.

`(B) CONTENTS OF SPECIAL MESSAGE- Each special message shall specify with respect to the discretionary budget authority proposed or targeted tax benefits to be canceled--

`(i) the dollar amount of discretionary budget authority (that OMB, after consultation with CBO, estimates to increase budget authority or outlays as required by section 1016(9)) or the targeted tax benefit that the President proposes be canceled;

`(ii) any account, department, or establishment of the Government to which such discretionary budget authority is available for obligation, and the specific project or governmental functions involved;

`(iii) the reasons why such discretionary budget authority 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 cancellation;

`(v) to the maximum extent practicable, all facts, circumstances, and considerations relating to or bearing upon the proposed cancellation and the decision to effect the proposed cancellation, and the estimated effect of the proposed cancellation upon the objects, purposes, or programs for which the discretionary budget authority or the targeted tax benefit is provided;

`(vi) a numbered list of cancellations to be included in an approval bill that, if enacted, would cancel discretionary budget authority 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 cancellations are not substantially similar to any other proposed cancellation in such other message.

`(C) DUPLICATIVE PROPOSALS PROHIBITED- The President may not propose to cancel the same or substantially similar discretionary budget authority 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).

`(E) PROHIBITION ON PRESIDENTIAL ABUSE OF PROPOSED CANCELLATIONS- Neither the President nor any other executive branch official shall condition the inclusion or exclusion or threaten to condition the inclusion or exclusion of any proposed cancellation in any special message under this section on any vote cast or to be cast by any Member of either House of Congress.

`(2) ENACTMENT OF APPROVAL BILL-

`(A) DEFICIT REDUCTION- Amounts of discretionary budget authority or targeted tax benefits which are 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 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.

`PROCEDURES FOR EXPEDITED CONSIDERATION

`SEC. 1012. (a) EXPEDITED CONSIDERATION-

`(1) IN GENERAL- The majority leader of each House or his designee shall (by request) introduce an approval bill as defined in section 1016 not later than the fifth day of session of that House after the date of receipt of a special message transmitted to the Congress under section 1011(b) .

`(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, it shall be in order to move that the House discharge the committee from further consideration of the bill. 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 a committee has reported an approval bill with respect to that special message or after the House has disposed of a motion to discharge with respect to that special message. The previous question shall be considered as ordered on the motion to its adoption without intervening motion except twenty minutes of debate equally divided and controlled by the proponent and an opponent. If such a motion is adopted, the House shall proceed immediately to consider the approval bill in accordance with subparagraph (B). A motion to reconsider the vote by which the motion is disposed of shall not be in order.

`(B) PROCEEDING TO CONSIDERATION- After an approval bill is reported or a committee has been discharged from further consideration, 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. There shall be not more than 5 hours of general debate equally divided and controlled by the proponent and an opponent of the bill. After general debate, the bill shall be considered as read for amendment under the five-minute rule. Only one motion to rise shall be in order, except if offered by the manager. No amendment to the bill is in order, except any Member if supported by 99 other Members (a quorum being present) may offer an amendment striking the reference number or numbers of a cancellation or cancellations from the bill. Consideration of the bill for amendment shall not exceed one hour excluding time for recorded votes and quorum calls. No amendment shall be subject to further amendment, except pro forma amendments for the purposes of debate only. At the conclusion of the consideration of the bill for amendment, the Committee shall rise and report the bill to the House with such amendments as may have been adopted. The previous question shall be considered as ordered on the bill and amendments thereto to final passage without intervening motion. A motion to reconsider the vote on passage of the bill shall not be in order.

`(C) SENATE BILL- An approval bill received from the Senate shall not be referred to committee.

`(3) CONSIDERATION IN THE SENATE-

`(A) MOTION TO PROCEED TO CONSIDERATION- 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.

`(B) LIMITS ON DEBATE- Debate in the Senate on a bill under this subsection, and all amendments and 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.

`(C) 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.

`(D) AMENDMENTS- During consideration under this subsection, any Member of the Senate may move to strike any proposed cancellation or cancellations of budget authority or targeted tax benefit, as applicable, if supported by 15 other Members.

`(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 the vote on the Senate bill, then the Senate may consider, and the vote may occur on, the House companion bill.

`(ii) PROCEDURE AFTER VOTE ON SENATE BILL- If the Senate votes on the bill introduced in the Senate, then immediately following that vote, or upon receipt of the House companion bill, the House bill if identical to the Senate 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 AND DIVISIONS PROHIBITED- Except as otherwise provided by this section, no amendment to a bill considered under this section shall be in order in either the House of Representatives or the Senate. It shall not be in order to demand a division of the question in the House of Representatives (or in a Committee of the Whole) or in the Senate. No motion to suspend the application of this subsection shall be in order in either House, nor shall it be in order in either House to suspend the application of this subsection by unanimous consent.

(c) CONSIDERATION OF CONFERENCE REPORTS- (1) Debate in the House of Representatives or the Senate on the conference report and any amendments in disagreement on any approval bill shall be limited to not more than 2 hours, which shall be divided equally between the majority leader and the minority leader. A motion further to limit debate is not debateable. A motion to recommit the conference report is not in order, and it is not in order to move to reconsider the vote by which the conference report is agreed to or disagreed to.

(2) If an approval bill is amended by either House of Congress and a committee of conference has not completed action (or such committee of conference was never appointed) on such bill by the 15th calendar day after both Houses have passed such bill, then any Member of either House may introduce a bill comprised only of the text of the approval bill as initially introduced and that bill shall be considered under the procedures set forth in this section except that no amendments shall be in order in either House.

`PRESIDENTIAL DEFERRAL AUTHORITY

`SEC. 1013. (a) TEMPORARY PRESIDENTIAL AUTHORITY TO WITHHOLD DISCRETIONARY BUDGET AUTHORITY-

`(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 dollar amount of discretionary budget authority to be canceled in that special message shall not be made available for obligation for a period not to exceed 30 calendar days from the date the President transmits the special message to the Congress or for emergency spending for a period not to exceed 7 calendar days.

`(2) EARLY AVAILABILITY- The President shall make any dollar amount of discretionary budget authority 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 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 not to exceed 30 calendar days from the date 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.

`TREATMENT OF CANCELLATIONS

`SEC. 1014. The cancellation of any dollar amount of discretionary budget authority 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 cancellations contained in that bill shall be null and void and any such dollar amount of discretionary budget authority or targeted tax benefit shall be effective as of the original date provided in the law to which the proposed cancellations applied.

`REPORTS BY COMPTROLLER GENERAL

`SEC. 1015. With respect to each special message under this part, the Comptroller General shall issue to the Congress a report determining whether any discretionary budget authority is not made available for obligation or targeted tax benefit continues to be suspended after the deferral authority set forth in section 1013 of the President has expired.

`DEFINITIONS

`SEC. 1016. 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 cancellations of dollar amounts of discretionary budget authority or targeted tax benefits in a special message transmitted by the President under this part and--

XXXX

`(B) which does not have a preamble; and

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`(D) which only includes proposed cancellations that are estimated by CBO to meet the definition of discretionary budgetary authority or that are identified as targeted tax benefits pursuant to paragraph (9) of section 1016; and

`(E) if no CBO estimate is available, then the entire list of legislative provisions affecting discretionary budget authority 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) budget authority from having legal force or effect; 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) DIRECT SPENDING- The term `direct spending' means--

`(A) budget authority provided by law (other than an appropriation law);

`(B) entitlement authority; and

`(C) the food stamp program.

`(7) DOLLAR AMOUNT OF DISCRETIONARY BUDGET AUTHORITY- (A) Except as provided in subparagraph (B), the term `dollar amount of discretionary budget authority' means the entire dollar amount of budget authority--

`(i) specified in an appropriation law, or the entire dollar amount of budget authority or obligation limitation required to be allocated by a specific proviso in an appropriation law for which a specific dollar figure was not included;

`(ii) represented separately in any table, chart, or explanatory text included in the statement of managers or the governing committee report accompanying such law;

`(iii) required to be allocated for a specific program, project, or activity in a law (other than an appropriation law) that mandates the expenditure of budget authority from accounts, programs, projects, or activities for which budget authority is provided in an appropriation law;

`(iv) represented by the product of the estimated procurement cost and the total quantity of items specified in an appropriation law or included in the statement of managers or the governing committee report accompanying such law; or

`(v) represented by the product of the estimated procurement cost and the total quantity of items required to be provided in a law (other than an appropriation law) that mandates the expenditure of budget authority from accounts, programs, projects, or activities for which budget authority is provided in an appropriation law.

`(B) The term `dollar amount of discretionary budget authority' does not include--

`(i) direct spending;

`(ii) budget authority in an appropriation law which funds direct spending provided for in other law;

`(iii) any existing budget authority canceled in an appropriation law; or

`(iv) any restriction, condition, or limitation in an appropriation law or the accompanying statement of managers or committee reports on the expenditure of budget authority for an account, program, project, or activity, or on activities involving such expenditure.

`(8) OMB- The term `OMB' means the Director of the Office of Management and Budget.

`(9) TARGETED TAX BENEFIT- (A) The term `targeted tax benefit' means any revenue-losing provision that provides a Federal tax deduction, credit, exclusion, or preference to 100 or fewer beneficiaries (determined with respect to either present law or any provision of which the provision is a part) under the Internal Revenue Code of 1986 in any year for which the provision is in effect;

`(B) for purposes of subparagraph (A)--

`(i) all businesses and associations that are members of the same controlled group of corporations (as defined in section 1563(a) of the Internal Revenue Code of 1986) shall be treated as a single beneficiary;

`(ii) all shareholders, partners, members, or beneficiaries of a corporation, partnership, association, or trust or estate, respectively, shall be treated as a single beneficiary;

`(iii) all employees of an employer shall be treated as a single beneficiary;

`(iv) all qualified plans of an employer shall be treated as a single beneficiary;

`(v) all beneficiaries of a qualified plan shall be treated as a single beneficiary;

`(vi) all contributors to a charitable organization shall be treated as a single beneficiary;

`(vii) all holders of the same bond issue shall be treated as a single beneficiary; and

`(viii) if a corporation, partnership, association, trust or estate is the beneficiary of a provision, the shareholders of the corporation, 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 provision;

`(C) for the purpose of this paragraph, the term `revenue-losing provision' means any provision that is estimated to result in a reduction in Federal tax revenues (determined with respect to either present law or any provision of which the provision is a part) for any one of the following periods--

`(i) the first fiscal year for which the provision is effective;

`(ii) the period of the 5 fiscal years beginning with the first fiscal year for which the provision is effective;

`(iii) the period of 10 fiscal years beginning with the first fiscal year for which the provision is effective; or

`(iv) the period of 20 fiscal years beginning with the first fiscal year for which the provision is effective; and

`(D) 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.

`EXPIRATION

`SEC. 1017. This title shall have no force or effect on or after 2 years after the date of enactment of this section.'.

SEC. 102. 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) 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 by striking `rescinded or that is to be reserved' and inserting `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. Treatment of cancellations.

`Sec. 1015. Reports by Comptroller General.

`Sec. 1016. Definitions.

`Sec. 1017. Expiration.

`Sec. 1018. Suits by Comptroller General.

`Sec. 1019. Proposed Deferrals of budget authority.'.

(c) EFFECTIVE DATE- The amendments made by this Act shall take effect on the date of its enactment and apply only to any dollar amount of discretionary budget authority or targeted tax benefit provided in an Act enacted on or after the date of enactment of this Act.

TITLE II--PAY-AS-YOU-GO EXTENSION

SEC. 201. PAY-AS-YOU-GO EXTENSION.

(a) Section 252 Amendments- Section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by striking `2002' both places it appears and inserting `2011'.

(b) Section 275 Amendment- Section 275(b) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by striking `2006' and inserting `2016'.

TITLE III--RECONCILIATION INSTRUCTIONS MAY NOT INCREASE THE DEFICIT

SEC. 301. DEFINITION OF RECONCILIATION.

Section 310 of the Congressional Budget Act of 1974 is amended by adding at the end the following new subsection:

`(h) DEFINITION OF RECONCILIATION LEGISLATION- As used in this Act, a reconciliation bill or reconciliation resolution is a measure that, if enacted, would reduce the deficit or increase the surplus for each fiscal year covered by such measure compared to the most recent Congressional Budget Office estimate for any such fiscal year.'.

TITLE IV--EARMARK REFORM

SEC. 401. CURBING ABUSES OF POWER.

Rule XXIII of the Rules of the House of Representatives (the Code of Official Conduct) is amended--

(1) by redesignating clause 14 as clause 16; and

(2) by inserting after clause 13 the following new clauses:

`14. A Member, Delegate, or Resident Commissioner shall not condition the inclusion of language to provide funding for a district-oriented earmark, a particular project which will be carried out in a Member's congressional district, or a limited tax benefit in any bill or joint resolution (or an accompanying report thereof) or in any conference report on a bill or joint resolution (including an accompanying joint statement of managers thereto) on any vote cast by the Member, Delegate, or Resident Commissioner in whose Congressional district the project will be carried out.

`15. (a) A Member, Delegate, or Resident Commissioner who advocates to include a district-oriented earmark in any bill or joint resolution (or an accompanying report) or in any conference report on a bill or joint resolution (including an accompanying joint statement of managers thereto) shall disclose in writing to the chairman and ranking member of the relevant committee (and in the case of the Committee on Appropriations to the chairman and ranking member of the full committee and of the relevant subcommittee)--

`(1) the name of the Member, Delegate, or Resident Commissioner;

`(2) the name and address of the intended recipient of such earmark;

`(3) the purpose of such earmark; and

`(4) whether the Member, Delegate, or Resident Commissioner has a financial interest in such earmark.

`(b) Each committee shall make available to the general public the information transmitted to the committee under paragraph (a) for any earmark included in any measure reported by the committee or conference report filed by the chairman of the committee or any subcommittee thereof.

`(c) The Joint Committee on Taxation shall review any revenue measure or any reconciliation bill or joint resolution which includes revenue provisions before it is reported by a committee and before it is filed 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 prepare a statement identifying any such limited tax benefits, stating who the beneficiaries are of such benefits, and any substantially similar introduced measures and the sponsors of such measures. Any such statement shall be made available to the general public by the Joint Committee on Taxation.'.

SEC. 402. KNOWING WHAT THE HOUSE IS VOTING ON.

(a) BILLS AND JOINT RESOLUTIONS-

(1) IN GENERAL- Rule XIII of the Rules of the House of Representatives is amended by adding at the end the following new clause:

`8. Except for motions to suspend the rules and consider legislation, it shall not be in order to consider in the House a bill or joint resolution until 24 hours after or, in the case of a bill or joint resolution containing a district-oriented earmark or limited tax benefit, until 3 days after copies of such bill or joint resolution (and, if the bill or joint resolution is reported, copies of the accompanying report) are available (excluding Saturdays, Sundays, or legal holidays except when the House is in session on such a day).'.

(2) PROHIBITING WAIVER- Clause 6(c) of rule XIII of the Rules of the House of Representatives is amended--

(A) by striking `or' at the end of subparagraph (1);

(B) by striking the period at the end of subparagraph (2) and inserting `; or'; and

`(3) a rule or order that waives clause 8 of rule XIII or clause 8(a)(1)(B) of rule XXII, unless a question of consideration of the rule is adopted by a vote of two-thirds of the Members voting, a quorum being present.'.

(b) CONFERENCE REPORTS- Clause 8(a)(1)(B) of rule XXII of the Rules of the House of Representatives is amended by striking `2 hours' and inserting `24 hours or, in the case of a conference report containing a district-oriented earmark or limited tax benefit, until 3 days after'.

SEC. 403. FULL AND OPEN DEBATE IN CONFERENCE.

(a) NUMBERED AMENDMENTS- Clause 1 of rule XXII of the Rules of the House of Representatives is amended by adding at the end the following new sentence: `A motion to request or agree to a conference on a general appropriation bill is in order only if the Senate expresses its disagreements with the House in the form of numbered amendments.'.

(b) PROMOTING OPENNESS IN DELIBERATIONS OF MANAGERS- Clause 12(a) of rule XXII of the Rules of the House of Representatives is amended by adding at the end the following new subparagraph:

`(3) All provisions on which the two Houses disagree shall be open to discussion at any meeting of a conference committee. The text which reflects the conferees' action on all of the differences between the two Houses, including all matter to be included in the conference report and any amendments in disagreement, shall be available to any of the managers at least one such meeting, and shall be approved by a recorded vote of a majority of the House managers. Such text and, with respect to such vote, the total number of votes cast for and against, and the names of members voting for and against, shall be included in the joint explanatory statement of managers accompanying the conference report of such conference committee.'.

(1) IN GENERAL- Rule XXII of the Rules of the House of Representatives is amended by adding at the end the following new clause:

`13. It shall not be in order to consider a conference report the text of which differs in any material way from the text which reflects the conferees' action on all of the differences between the two Houses, as approved by a recorded vote of a majority of the House managers as required under clause 12(a).'.

(2) PROHIBITING WAIVER- Clause 6(c) of rule XIII of the Rules of the House of Representatives, as amended above, is amended

(A) by striking `or' at the end of subparagraph (2);

(B) by striking the period at the end of subparagraph (3) and inserting `; or'; and

`(4) a rule or order that waives clause 12(a) or clause 13 of rule XXII.'.

END