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Code · BILL · 115th Congress · H.R. 5214 (Introduced in House) — To modify the congressional budget and appropriations process to provide fiscal stability for the United States, and... · Sec. 401

Sec. 401. Adoption of reconciliation procedures for appropriations bills

851 words·~4 min read·/bill/115/hr/5214/ih/section-401·

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Title III of the Congressional Budget Act of 1974 is further amended by adding after section 317, as added by section 201(a) of this Act, the following: An appropriation bill or joint resolution reported by the Senate Committee on Appropriations in compliance with the allocations made under section 302(b) shall be privileged in the United States Senate and the motion to proceed shall be non-debatable. Except as provided in paragraph (2), the provisions of section 305 shall also apply to the consideration in the Senate of appropriations bills that comply with the allocations made under section 302(b).
Debate in the Senate on any appropriations measure reported under this subsection, and all amendments thereto and debatable motions and appeals in connection therewith, shall be limited to not more than 20 hours, except in the case of an omnibus appropriations bill, where each subcommittees section shall be subject to 20 hours of debate. Upon a point of order being made by any Senator against material extraneous to an appropriations measure as defined by this section, and the point of order is sustained by the Chair, any part of said title or provision that contains material extraneous shall be deemed stricken from the bill and may not be offered as an amendment from the floor.
A provision of an appropriations measure considered pursuant to this section shall be considered extraneous if it authorizes or otherwise establishes one or more Federal agencies or programs, establishes new terms and conditions under which a program or agency operates, authorizes the enactment of appropriations, or otherwise specifies how appropriated funds are to be used. Notwithstanding the previous sentence, limitation amendments or amendments to direct spending programs that are subject to the appropriations process which make such programs consistent with their 302(b) allocation shall not be considered extraneous.
Upon the reporting or discharge of an appropriations measure, and upon the submission of a conference report on such appropriations measure, the Committee on Appropriations of the Senate shall submit for the record a list of material considered to be extraneous under this section. The inclusion or exclusion of a provision shall not constitute a determination of extraneousness by the Presiding Officer of the Senate. When the Senate is considering a conference report on, or an amendment between the Houses in relation to, an appropriations measure considered pursuant to this section, upon— a point of order being made by any Senator against extraneous material pursuant to this section; and such point of order being sustained, such material contained in such conference report or amendment shall be deemed stricken, and the Senate shall proceed, without intervening action or motion, to consider the question of whether the Senate shall recede from its amendment and concur with a further amendment, or concur in the House amendment with a further amendment, as the case may be, which further amendment shall consist of only that portion of the conference report or House amendment, as the case may be, not so stricken.
Any such motion in the Senate shall be debatable for two hours. In any case in which such point of order is sustained against a conference report (or Senate amendment derived from such conference report by operation of this subsection), no further amendment shall be in order. Notwithstanding any other law or rule of the Senate, it shall be in order for a Senator to raise a single point of order that several provisions of a bill, joint resolution, amendment, motion, or conference report violates this section.
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 of the provisions (including provisions of an amendment, motion, or conference report) against which the Senator raised the point of order, then only those provisions (including provisions of an amendment, motion, or conference report) against which the Presiding Officer sustains the point of order shall be deemed stricken pursuant to this section.
Before the Presiding Officer rules on such a point of order, any Senator may move to waive such a point of order as it applies to some or all of the provisions against which the point of order was raised by the affirmative vote of three-fifths of the Members, duly chosen and sworn. 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. .
Section 904(c)(1) of the Congressional Budget and Impoundment Control Act of 1974 is amended by inserting 319, after 313, . The table of contents set forth in section 1(b) of such Act is further amended by inserting after the item relating to section 316 the following new items: Sec. 318. Senate procedures for appropriations bills. Sec. 319. Extraneous matter in appropriations measures. .
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