A resolution to amend Rule XVI of the Standing Rules of the Senate with respect to new or general legislation and unauthorized appropriations in general appropriations bills and amendments thereto, and new or general legislation, unauthorized appropriations, new matter, or nongermane matter in conference reports on appropriations Acts, and unauthorized appropriations in amendments between the Houses relating to such Acts, and for other purposes.

        [Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 173 Introduced in Senate (IS)]

108th CONGRESS
1st Session
S. RES. 173

To amend Rule XVI of the Standing Rules of the Senate with respect to
new or general legislation and unauthorized appropriations in general
appropriations bills and amendments thereto, and new or general
legislation, unauthorized appropriations, new matter, or nongermane
matter in conference reports on appropriations Acts, and unauthorized
appropriations in amendments between the Houses relating to such Acts,
and for other purposes.

_______________________________________________________________________

IN THE SENATE OF THE UNITED STATES

June 17, 2003

Mr. McCain (for himself, Mr. Kyl,  Mr. Sessions, and Mr. Feingold)
submitted the following resolution; which was referred to the Committee
on Rules and Administration

_______________________________________________________________________

RESOLUTION

To amend Rule XVI of the Standing Rules of the Senate with respect to
new or general legislation and unauthorized appropriations in general
appropriations bills and amendments thereto, and new or general
legislation, unauthorized appropriations, new matter, or nongermane
matter in conference reports on appropriations Acts, and unauthorized
appropriations in amendments between the Houses relating to such Acts,
and for other purposes.

Resolved, That paragraph 1 of Rule XVI of the Standing Rules of the
Senate is amended to read as follows:
``1. (a) On a point of order made by any Senator:
``(1) No new or general legislation nor any unauthorized
appropriation may be included in any general appropriation
bill.
``(2) No amendment may be received to any general
appropriation bill the effect of which will be to add an
unauthorized appropriation to the bill.
``(3) No new or general legislation nor any unauthorized
appropriation, new matter, or nongermane matter may be included
in any conference report on a general appropriation bill.
``(4) No unauthorized appropriation may be included in any
amendment between the Houses, or any amendment thereto, in
relation to a general appropriation bill.
``(b)(1) If a point of order under subparagraph (a)(1) against a
Senate bill is sustained, then--
``(A) the new or general legislation or unauthorized
appropriation shall be struck from the bill; and
``(B) any modification of total amounts appropriated
necessary to reflect the deletion of the matter struck from the
bill shall be made and the allocation of discretionary
budgetary resources allocated under section 302(a)(2) of the
Congressional Budget Act of 1974 (2 U.S.C. 633(a)(2)) shall be
reduced accordingly.
``(2) If a point of order under subparagraph (a)(1) against an Act
of the House of Representatives is sustained, then an amendment to the
House bill is deemed to have been adopted that--
``(A) strikes the new or general legislation or
unauthorized appropriation from the bill; and
``(B) modifies, if necessary, the total amounts
appropriated by the bill to reflect the deletion of the matter
struck from the bill and reduces the allocation of
discretionary budgetary resources allocated under section
302(a)(2) of the Congressional Budget Act of 1974 (2 U.S.C.
633(a)(2)) accordingly.
``(c) If the point of order against an amendment under subparagraph
(a)(2) is sustained, then the amendment shall be out of order and may
not be considered.
``(d) If the point of order against a conference report under
subparagraph (a)(3) is sustained, then--
``(1) the new or general legislation, unauthorized
appropriation, new matter, or nongermane matter in such
conference report shall be deemed to have been struck;
``(2) any modification of total amounts appropriated
necessary to reflect the deletion of the matter struck shall be
deemed to have been made and the allocation of discretionary
budgetary resources allocated under section 302(a)(2) of the
Congressional Budget Act of 1974 (2 U.S.C. 633(a)(2)) shall be
deemed to be reduced accordingly;
``(3) when all other points of order under this paragraph
have been disposed of--
``(A) the Senate shall proceed to consider the
question of whether the Senate should recede from its
amendment to the House bill, or its disagreement to the
amendment of the House, and concur with a further
amendment, which further amendment shall consist of
only that portion of the conference report not deemed
to have been struck (together with any modification of
total amounts appropriated and reduction in the
allocation of discretionary budgetary resources
allocated under section 302(a)(2) of the Congressional
Budget Act of 1974 (2 U.S.C. 633(a)(2)) deemed to have
been made);
``(B) the question shall be debatable; and
``(C) no further amendment shall be in order; and
``(4) if the Senate agrees to the amendment, then the bill
and the Senate amendment thereto shall be returned to the House
for its concurrence in the amendment of the Senate.
``(e)(1) If a point of order under subparagraph (a)(4) against a
Senate amendment is sustained, then--
``(A) the unauthorized appropriation shall be struck from
the amendment;
``(B) any modification of total amounts appropriated
necessary to reflect the deletion of the matter struck from the
amendment shall be made and the allocation of discretionary
budgetary resources allocated under section 302(a)(2) of the
Congressional Budget Act of 1974 (2 U.S.C. 633(a)(2)) shall be
reduced accordingly; and
``(C) after all other points of order under this paragraph
have been disposed of, the Senate shall proceed to consider the
amendment as so modified.
``(2) If a point of order under subparagraph (a)(4) against a House
amendment is sustained, then--
``(A) an amendment to the House amendment is deemed to have
been adopted that--
``(i) strikes the new or general legislation or
unauthorized appropriation from the House amendment;
and
``(ii) modifies, if necessary, the total amounts
appropriated by the bill to reflect the deletion of the
matter struck from the House amendment and reduces the
allocation of discretionary budgetary resources
allocated under section 302(a)(2) of the Congressional
Budget Act of 1974 (2 U.S.C. 633(a)(2)) accordingly;
and
``(B) after all other points of order under this paragraph
have been disposed of, the Senate shall proceed to consider the
question of whether to concur with further amendment.
``(f) The disposition of a point of order made under any other
paragraph of this Rule, or under any other Standing Rule of the Senate,
that is not sustained, or is waived, does not preclude, or affect, a
point of order made under subparagraph (a) with respect to the same
matter.
``(g) A point of order under subparagraph (a) may be waived only by
a motion agreed to by the affirmative vote of three-fifths of the
Senators duly chosen and sworn. If an appeal is taken from the ruling
of the Presiding Officer with respect to such a point of order, the
ruling of the Presiding Officer shall be sustained absent an
affirmative vote of three-fifths of the Senators duly chosen and sworn.
``(h) Notwithstanding any other rule of the Senate, it shall be in
order for a Senator to raise a single point of order that several
provisions of a general appropriation bill, a conference report on a
general appropriation bill, or an amendment between the Houses on a
general appropriation bill violate subparagraph (a). The Presiding
Officer may sustain the point of order as to some or all of the
provisions against which the Senator raised the point of order. If the
Presiding Officer so sustains the point of order as to some or all of
the provisions against which the Senator raised the point of order,
then only those provisions against which the Presiding Officer sustains
the point of order shall be deemed stricken pursuant to this paragraph.
Before the Presiding Officer rules on such a point of order, any
Senator may move to waive such a point of order, in accordance with
subparagraph (g), as it applies to some or all of the provisions
against which the point of order was raised. Such a motion to waive is
amendable in accordance with the rules and precedents of the Senate.
After the Presiding Officer rules on such a point of order, any Senator
may appeal the ruling of the Presiding Officer on such a point of order
as it applies to some or all of the provisions on which the Presiding
Officer ruled.
``(i) Notwithstanding any provision of the Congressional Budget Act
of 1974 (2 U.S.C. 621 et seq.), no point of order provided for under
that Act shall lie against the striking of any matter, the modification
of total amounts to reflect the deletion of matter struck, or the
reduction of an allocation of discretionary budgetary resources
allocated under section 302(a)(2) of the Congressional Budget Act of
1974 (2 U.S.C. 633(a)(2)) to reflect the deletion of matter struck (or
to the bill, amendment, or conference report as affected by such
striking, modification, or reduction) pursuant to a point of order
under this paragraph.
``(j) For purposes of this paragraph:
``(1)(A) The term `unauthorized appropriation' means an
appropriation--
``(i) not specifically authorized by law or Treaty
stipulation (unless the appropriation has been
specifically authorized by an Act or resolution
previously passed by the Senate during the same session
or proposed in pursuance of an estimate submitted in
accordance with law); or
``(ii) the amount of which exceeds the amount
specifically authorized by law or Treaty stipulation
(or specifically authorized by an Act or resolution
previously passed by the Senate during the same session
or proposed in pursuance of an estimate submitted in
accordance with law) to be appropriated.
``(B) An appropriation is not specifically authorized if it
is restricted or directed to, or authorized to be obligated or
expended for the benefit of, an identifiable person, program,
project, entity, or jurisdiction by earmarking or other
specification, whether by name or description, in a manner
that--
``(i) discriminates against other persons,
programs, projects, entities, or jurisdictions
similarly situated that would be eligible, but for the
restriction, direction, or authorization, for the
amount appropriated; or
``(ii) is so restricted, directed, or authorized
that it applies only to a single identifiable person,
program, project, entity, or jurisdiction,
unless the identifiable person, program, project, entity, or
jurisdiction to which the restriction, direction, or
authorization applies is described or otherwise clearly
identified in a law or Treaty stipulation (or an Act or
resolution previously passed by the Senate during the same
session or in the estimate submitted in accordance with law)
that specifically provides for the restriction, direction, or
authorization of appropriation for such person, program, project,
entity, or jurisdiction.
``(2) The term `new or general legislation' has the meaning
given that term when it is used in paragraph 2 of this Rule.
``(3) The terms `new matter' and `nongermane matter' have
the same meaning as when those terms are used in Rule
XXVIII.''.

SEC. 2. STATEMENT REGARDING EFFECT OF REPORT LANGUAGE.

Paragraph 7 of Rule XVI of the Standing Rules of the Senate is
amended by adding at the end ``It shall not be in order to proceed to
the consideration of a general appropriation bill if the report on that
bill contains matter that requires or permits the obligation or
expenditure of any amount appropriated in that bill for the benefit of
an identifiable person, program, project, entity, or jurisdiction by
earmarking or other specification, whether by name or description, in a
manner that--
``(A) discriminates against other persons, programs,
projects, entities, or jurisdictions similarly situated that
would be eligible, but for the requirement or permission, for
the amount appropriated; or
``(B) it applies only to a single identifiable person,
program, project, entity, or jurisdiction,
unless the identifiable person, program, project, entity, or
jurisdiction is described or otherwise clearly identified in a law or
Treaty stipulation (or an Act or resolution previously passed by the
Senate during the same session or in the estimate submitted in
accordance with law).''.

SEC. 3. STATEMENT REGARDING EFFECT OF JOINT EXPLANATORY STATEMENT
LANGUAGE.

Rule XXVIII of the Standing Rules of the Senate is amended--
(1) by striking ``The'' in paragraph 1 and inserting
``Except as provided in paragraph 7, the''; and
(2) by adding at the end the following:
``7. It shall not be in order to proceed to the consideration of a
conference report on a general appropriations bill if the joint
explanatory statement contains matter that requires or permits the
obligation or expenditure of any amount appropriated in that bill for
the benefit of an identifiable person, program, project, entity, or
jurisdiction by earmarking or other specification, whether by name or
description, in a manner that--
``(A) discriminates against other persons, programs,
projects, entities, or jurisdictions similarly situated that
would be eligible, but for the restriction or direction, for
the amount appropriated; or
``(B) is so restricted or directed that it applies only to
a single identifiable person, program, project, entity, or
jurisdiction,
unless the identifiable person, program, project, entity, or
jurisdiction to which the restriction or direction applies is described
or otherwise clearly identified in a law or Treaty stipulation (or an
Act or resolution previously passed by the Senate during the same
session or in the estimate submitted in accordance with law).''.

SEC. 4. READING OF CONFERENCE REPORT AND JOINT EXPLANATORY STATEMENT.

(a) Vitiating the Standing Order of the Senate Regarding the
Reading of Conference Reports.--The Standing Order of the Senate
regarding the reading of conference reports established by the second
sentence of section 903 of Division A of Appendix D--H.R. 5666 of the
Consolidated Appropriations Act, 2001 (114 Stat. 2763A-198) is
vitiated.
(b) Reading of Joint Explanatory Statement.--There is established,
as a Standing Order of the Senate, that the presentation of a
conference report includes the presentation of the joint explanatory
statement of the conferees required by paragraph 4 of Rule XXVIII of
the Standing Rules of the Senate, and that a demand for the reading of
the joint explanatory statement be subject to the same rules,
precedents, and procedures as apply to a demand for the reading of the
conference report.
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