II

106TH CONGRESS

1ST SESSION S. 483

To amend the Congressional Budget and Impoundment Control Act of 1974

to limit consideration of nonemergency matters in emergency legislation

and permit matter that is extraneous to emergencies to be stricken

as provided in the Byrd rule.

IN THE SENATE OF THE UNITED STATES

FEBRUARY 25, 1999

Ms. SNOWE (for herself, Mr. GRAHAM, and Mr. VOINOVICH) introduced the

following bill; which was read twice and referred jointly pursuant to the

order of August 4, 1977, to the Committees on Budget and Governmental

Affairs, with instructions that if one Committee reports, the other Committee have thirty days to report or be discharged

A BILL

To amend the Congressional Budget and Impoundment Control Act of 1974 to limit consideration of nonemergency

matters in emergency legislation and permit matter that

is extraneous to emergencies to be stricken as provided

in the Byrd rule.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Surplus Protection Act

5 of 1999’’.
2

•S 483 RIS

1 SEC. 2. POINT OF ORDER PROTECTING THE SURPLUS

2 FROM UNJUSTIFIABLE EMERGENCY SPEND3 ING.

4 (a) NEW POINT OF ORDER.—Title IV of the Con5 gressional Budget Act of 1974 is amended by adding at

6 the end the following new section:

7 ‘‘POINT OF ORDER REGARDING UNJUSTIFIABLE EMER8 GENCIES AND NONEMERGENCY ITEMS IN EMER9 GENCY APPROPRIATIONS BILLS

10 ‘‘SEC. 407. (a) IN GENERAL.—It shall not be in order

11 in the House of Representatives or the Senate to

12 consider—

13 ‘‘(1) any emergency bill or joint resolution, or

14 amendment thereto or conference report thereon,

15 containing an appropriation or direct spending des16 ignated as an emergency for purposes of section

17 251(b)(2)(D) or 252(c) of the Balanced Budget and

18 Emergency Deficit Control Act of 1985 if the bill or

19 joint resolution, or amendment thereto or conference

20 report thereon, also provides an appropriation or di21 rect spending for any non-emergency item or con22 tains any other matter not relevant to the matter

23 designated as an emergency, but that bill or joint

24 resolution, amendment, or conference report may

25 contain rescissions of budget authority or reductions
3

•S 483 RIS

1 of direct spending, or that amendment may reduce

2 amounts for that emergency; or

3 ‘‘(2) any bill or joint resolution, or amendment

4 thereto or conference report thereon, containing an

5 appropriation or direct spending designated as an

6 emergency for purposes of section 251(b)(2)(D) or

7 252(c) of the Balanced Budget and Emergency Defi8 cit Control Act of 1985.

9 ‘‘(b) MATTER TO BE STRICKEN.—A point of order

10 may be raised under subsection (a) as provided for extra11 neous matter in subsections (d) and (e) of section 313 and

12 the matter stricken shall be the non-emergency item or

13 matter not relevant to the matter designated as an emer14 gency under subsection (a)(1) or the emergency item

15 under subsection (a)(2).’’.

16 (d) CONFORMING AMENDMENT.—The table of con17 tents set forth in section 1(b) of the Congressional Budget

18 and Impoundment Control Act of 1974 is amended by in19 serting after the item relating to section 406 the following

20 new item:

‘‘Sec. 407. Point of order regarding unjustifiable emergencies and nonemergency

items in emergency appropriations bills.’’.
4

•S 483 RIS

1 SEC. 3. SUPERMAJORITY REQUIREMENT FOR ANY EMER2 GENCY SPENDING.

3 (a) NEW POINT OF ORDER.—Title IV of the Con4 gressional Budget Act of 1974 is amended by adding at

5 the end the following new section:

6 ‘‘POINT OF ORDER REQUIRING A SUPERMAJORITY TO

7 DECLARE AN EMERGENCY

8 ‘‘SEC. 408. Any bill or joint resolution, or conference

9 report thereon, containing an appropriation or direct

10 spending designated as an emergency for purposes of sec11 tion 251(b)(2)(D) or 252(c) of the Balanced Budget and

12 Emergency Deficit Control Act of 1985 shall be subject

13 to a point of order requiring a supermajority vote before

14 the bill or joint resolution, or conference report thereon,

15 may be considered or agreed to.’’.

16 (b) CONFORMING AMENDMENT.—The table of con17 tents set forth in section 1(b) of the Congressional Budget

18 and Impoundment Control Act of 1974 is amended by in19 serting after the item relating to section 407 the following

20 new item:

‘‘Sec. 408. Point of order requiring supermajority to declare an emergency.’’.

21 SEC. 4. SUPERMAJORITY.

22 Subsections (c)(2) and (d)(3) of section 904 of the

23 Congressional Budget Act of 1974 are amended by strik24 ing ‘‘and 312(c)’’ and inserting ‘‘312(c), 407, and 408’’.

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