[Congressional Record Volume 140, Number 24 (Tuesday, March 8, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: March 8, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
                       NOTICE TO SUSPEND RULE XVI

  Mr. McCAIN submitted the following notice in writing:

       Mr. President, it is my intention to move to amend the 
     Standing Rules of the Senate. An amendment to be proposed by 
     myself would amend Rule XVI of the Standing Rules of the 
     Senate by adding at the end thereof the following:
       Resolved,

     SECTION 1. RULES OF PROCEDURE OF THE SENATE.

       (a) Amendment to the Standing Rules of the Senate.--Rules 
     XVI of the Standing Rules of the Senate is amended by adding 
     at the end the following:
       ``(a) It is not in order to consider any appropriation 
     bill, amendment to such bill or conference report on such 
     bill containing any program, project, or activity for any 
     fiscal year if such measure or matter contains appropriations 
     not authorized by law. The Presiding Officer shall rule on 
     appropriations in accordance with the preceding sentence upon 
     a point of order being made by a Senator regarding such 
     measure or matter. The first sentence may be waived with 
     respect to an appropriation for a program, project, or 
     activity for a fiscal year with the agreement of not less 
     than 60 Senators.
       (b) When the Senate is considering a conference report on, 
     or an amendment between the Houses in relation to, an 
     appropriations bill--
       (1) a point of order being made by an Senator against 
     unauthorized appropriations, and
       (2) 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, 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.
       (c) General Point of 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, resolution, amendment, motion, or conference report 
     violate 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. 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.

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