[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 8 Introduced in Senate (IS)]

  1st Session
S. RES. 8

   Amending rule XVI of the Standing Rules of the Senate relating to 
               amendments to general appropriation bills.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 6, 1999

    Mr. Lott (for Mr. Stevens and Mr. Byrd) submitted the following 
      resolution which was referred to the Committee on Rules and 
                             Administration

_______________________________________________________________________

                               RESOLUTION


 
   Amending rule XVI of the Standing Rules of the Senate relating to 
               amendments to general appropriation bills.

    Resolved, That rule XVI of the Standing Rules of the Senate is 
amended to read as follows:

                               ``RULE XVI

        ``appropriations and amendments to appropriations bills

    ``1. On a point of order made by any Senator, no amendments shall 
be received to any appropriations bill the effect of which will be to 
increase an appropriation already contained in the bill, or to add a 
new item of appropriation, unless it be made to carry out the 
provisions of some existing law, or treaty stipulation, or act or 
resolution previously passed by the Senate during that session; or 
unless the same be moved by direction of the Committee on 
Appropriations or of a committee of the Senate having legislative 
jurisdiction of the subject matter, or proposed in pursuance of an 
estimate submitted in accordance with law.
    ``2. The Committee on Appropriations shall not report an 
appropriations bill or an appropriations bill containing amendments to 
such bill proposing new or general legislation, or any restriction on 
the expenditure of the funds appropriated which proposes a limitation 
not authorized by law if such restriction is to take effect or cease to 
be effective upon the happening of a contingency, and if any such 
appropriations bill is reported to the Senate, a point of order may be 
made against the bill, and if the point is sustained, the bill shall be 
recommitted to the Committee on Appropriations. This paragraph may be 
waived only by the affirmative vote of those Senators present and 
voting. No debate shall be allowed on a motion to waive the application 
of this paragraph. No appeal from a ruling of the Chair under this 
paragraph shall negate its future application unless the Senate 
specifically amends this paragraph.
    ``3. All amendments to appropriations bills moved by direction of a 
committee having legislative jurisdiction of the subject matter 
proposing to increase an appropriation already contained in the bill, 
or to add new items of appropriation, shall, at least one day before 
they are considered, be referred to the Committee on Appropriations, 
and when actually proposed to the bill no amendment proposing to 
increase the amount stated in such amendment shall be received on a 
point of order made by any Senator.
    ``4. (a) Upon a point of order made by any Senator against a 
provision of legislation contained in an amendment to an appropriations 
bill, and if the point of order is sustained by the Chair, any such 
Senate amendment shall fall. This subparagraph may be waived only by 
the affirmative vote of those Senators present and voting. No debate 
shall be allowed on a motion to waive the application of this 
subparagraph. No appeal from a ruling of the Chair under this 
subparagraph shall negate its future application unless the Senate 
specifically amends this subparagraph.
    ``(b) No amendment not germane or relevant to the subject matter 
contained in the bill shall be received; nor shall any amendment to any 
item or clause of such bill be received which does not directly relate 
thereto; nor shall any restriction on the expenditure of the funds 
appropriated which proposes a limitation not authorized by law be 
received if such restriction is to take effect or cease to be effective 
upon the happening of a contingency; and all questions of germaneness 
or relevancy of amendments under this rule, when raised, shall be ruled 
upon by the Presiding Officer, unless the provisions of this 
subparagraph are waived by a majority of the Senate. All proceedings 
dealing with germaneness or relevancy shall be decided without debate; 
and any such amendment or restriction to an appropriations bill may be 
laid on the table without prejudice to the bill.
    ``5. On a point of order made by any Senator, no amendment, the 
object of which is to provide for a private claim, shall be received to 
any appropriations bill, unless it be to carry out the provisions of an 
existing law or a treaty stipulation, which shall be cited on the face 
of the amendment.
    ``6. When a point of order is made against any restriction on the 
expenditure of funds appropriated in an appropriations bill on the 
ground that the restriction violates this rule, the rule shall be 
construed strictly and, in case of doubt, in favor of the point of 
order.
    ``7. Every report on appropriations bills filed by the Committee on 
Appropriations shall identify with particularity each recommended 
amendment which proposes an item of appropriation which is not made to 
carry out the provisions of an existing law, a treaty stipulation, or 
an act or resolution previously passed by the Senate during that 
session.
    ``8. On a point of order made by any Senator, no appropriations 
bill or amendment thereto shall be received or considered if it 
contains a provision reappropriating unexpended balances of 
appropriations; except that this provision shall not apply to 
appropriations in continuation of appropriations for public works on 
which work has commenced.
    ``9. A motion to proceed to an appropriations bill shall, when it 
is otherwise in order, be nondebatable.
    ``10. (a) When the Senate is considering a conference report or an 
amendment between Houses on an appropriations bill, upon a point of 
order being made by any Senator against any legislative provision or 
provisions extraneous to the provisions that were committed to 
conference in disagreement between the Houses, and if the point of 
order is sustained in whole or in part by the Chair, such legislative 
provision or provisions on such appropriations bill shall be stricken 
from the conference report or the amendment between Houses. Such point 
of order may be made notwithstanding the fact that another point of 
order under this paragraph has been made against the same conference 
report.
    ``(b) Matters to be considered extraneous are any significant 
legislative provision not addressed in either version of the bill 
committed to the conference or any appropriations bill not committed to 
the conference, but such legislative provision shall not be considered 
extraneous if it qualifies, limits, or authorizes spending contained in 
the bill. Any vetoed appropriations bill or modifications thereof shall 
not be considered extraneous nor shall any provision providing funds 
pursuant to an authorizing bill passed after the appropriations bill.
    ``(c) If any such point of order is sustained, such legislative 
material contained in such conference report or amendment between 
Houses shall be 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 amendment between Houses not so 
stricken. 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 subparagraph), no further amendment shall 
be in order. However, an amendment between Houses against which a point 
of order was sustained under this subparagraph shall if otherwise 
amendable, remain amendable.
    ``(d) This paragraph may be waived only by an affirmative vote of 
three-fifths of the Senators duly chosen and sworn. Debate on a motion 
to waive the provisions of this paragraph shall be limited to 2 hours. 
Any appeal from a ruling of the Chair under this paragraph shall 
require an affirmative vote of three-fifths of the Senators duly chosen 
and sworn to overturn such ruling of the Chair. No appeal from a ruling 
of the Chair under this paragraph shall negate its future application 
unless the Senate specifically amends this paragraph.''.
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