[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.
                                 <all>