[Congressional Record Volume 145, Number 1 (Wednesday, January 6, 1999)]
[Senate]
[Pages S32-S33]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  SENATE RESOLUTION 8--AMENDING RULE XVI OF THE STANDING RULES OF THE 
     SENATE RELATING TO AMENDMENTS TO GENERAL APPROPRIATIONS BILLS

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

                               S. Res. 8

       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

[[Page S33]]

     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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