III

106TH CONGRESS

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.

1 Resolved, That rule XVI of the Standing Rules of the

2 Senate is amended to read as follows:

3 ‘‘RULE XVI

4 ‘‘APPROPRIATIONS AND AMENDMENTS TO

5 APPROPRIATIONS BILLS

6 ‘‘1. On a point of order made by any Senator, no

7 amendments shall be received to any appropriations bill

8 the effect of which will be to increase an appropriation

9 already contained in the bill, or to add a new item of ap10 propriation, unless it be made to carry out the provisions
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1 of some existing law, or treaty stipulation, or act or resolu2 tion previously passed by the Senate during that session;

3 or unless the same be moved by direction of the Committee

4 on Appropriations or of a committee of the Senate having

5 legislative jurisdiction of the subject matter, or proposed

6 in pursuance of an estimate submitted in accordance with

7 law.

8 ‘‘2. The Committee on Appropriations shall not re9 port an appropriations bill or an appropriations bill con10 taining amendments to such bill proposing new or general

11 legislation, or any restriction on the expenditure of the

12 funds appropriated which proposes a limitation not au13 thorized by law if such restriction is to take effect or cease

14 to be effective upon the happening of a contingency, and

15 if any such appropriations bill is reported to the Senate,

16 a point of order may be made against the bill, and if the

17 point is sustained, the bill shall be recommitted to the

18 Committee on Appropriations. This paragraph may be

19 waived only by the affirmative vote of those Senators

20 present and voting. No debate shall be allowed on a motion

21 to waive the application of this paragraph. No appeal from

22 a ruling of the Chair under this paragraph shall negate

23 its future application unless the Senate specifically

24 amends this paragraph.
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1 ‘‘3. All amendments to appropriations bills moved by

2 direction of a committee having legislative jurisdiction of

3 the subject matter proposing to increase an appropriation

4 already contained in the bill, or to add new items of appro5 priation, shall, at least one day before they are considered,

6 be referred to the Committee on Appropriations, and when

7 actually proposed to the bill no amendment proposing to

8 increase the amount stated in such amendment shall be

9 received on a point of order made by any Senator.

10 ‘‘4. (a) Upon a point of order made by any Senator

11 against a provision of legislation contained in an amend12 ment to an appropriations bill, and if the point of order

13 is sustained by the Chair, any such Senate amendment

14 shall fall. This subparagraph may be waived only by the

15 affirmative vote of those Senators present and voting. No

16 debate shall be allowed on a motion to waive the applica17 tion of this subparagraph. No appeal from a ruling of the

18 Chair under this subparagraph shall negate its future ap19 plication unless the Senate specifically amends this sub20 paragraph.

21 ‘‘(b) No amendment not germane or relevant to the

22 subject matter contained in the bill shall be received; nor

23 shall any amendment to any item or clause of such bill

24 be received which does not directly relate thereto; nor shall

25 any restriction on the expenditure of the funds appro-
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1 priated which proposes a limitation not authorized by law

2 be received if such restriction is to take effect or cease

3 to be effective upon the happening of a contingency; and

4 all questions of germaneness or relevancy of amendments

5 under this rule, when raised, shall be ruled upon by the

6 Presiding Officer, unless the provisions of this subpara7 graph are waived by a majority of the Senate. All proceed8 ings dealing with germaneness or relevancy shall be de9 cided without debate; and any such amendment or restric10 tion to an appropriations bill may be laid on the table

11 without prejudice to the bill.

12 ‘‘5. On a point of order made by any Senator, no

13 amendment, the object of which is to provide for a private

14 claim, shall be received to any appropriations bill, unless

15 it be to carry out the provisions of an existing law or a

16 treaty stipulation, which shall be cited on the face of the

17 amendment.

18 ‘‘6. When a point of order is made against any re19 striction on the expenditure of funds appropriated in an

20 appropriations bill on the ground that the restriction vio21 lates this rule, the rule shall be construed strictly and, in

22 case of doubt, in favor of the point of order.

23 ‘‘7. Every report on appropriations bills filed by the

24 Committee on Appropriations shall identify with particu25 larity each recommended amendment which proposes an
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1 item of appropriation which is not made to carry out the

2 provisions of an existing law, a treaty stipulation, or an

3 act or resolution previously passed by the Senate during

4 that session.

5 ‘‘8. On a point of order made by any Senator, no ap6 propriations bill or amendment thereto shall be received

7 or considered if it contains a provision reappropriating un8 expended balances of appropriations; except that this pro9 vision shall not apply to appropriations in continuation of

10 appropriations for public works on which work has com11 menced.

12 ‘‘9. A motion to proceed to an appropriations bill

13 shall, when it is otherwise in order, be nondebatable.

14 ‘‘10. (a) When the Senate is considering a conference

15 report or an amendment between Houses on an appropria16 tions bill, upon a point of order being made by any Sen17 ator against any legislative provision or provisions extra18 neous to the provisions that were committed to conference

19 in disagreement between the Houses, and if the point of

20 order is sustained in whole or in part by the Chair, such

21 legislative provision or provisions on such appropriations

22 bill shall be stricken from the conference report or the

23 amendment between Houses. Such point of order may be

24 made notwithstanding the fact that another point of order
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1 under this paragraph has been made against the same

2 conference report.

3 ‘‘(b) Matters to be considered extraneous are any sig4 nificant legislative provision not addressed in either ver5 sion of the bill committed to the conference or any appro6 priations bill not committed to the conference, but such

7 legislative provision shall not be considered extraneous if

8 it qualifies, limits, or authorizes spending contained in the

9 bill. Any vetoed appropriations bill or modifications there10 of shall not be considered extraneous nor shall any provi11 sion providing funds pursuant to an authorizing bill

12 passed after the appropriations bill.

13 ‘‘(c) If any such point of order is sustained, such leg14 islative material contained in such conference report or

15 amendment between Houses shall be stricken, and the

16 Senate shall proceed, without intervening action or mo17 tion, to consider the question of whether the Senate shall

18 recede from its amendment and concur with a further

19 amendment, or concur in the House amendment with a

20 further amendment, as the case may be, which further

21 amendment shall consist of only that portion of the con22 ference report or amendment between Houses not so

23 stricken. In any case in which such point of order is sus24 tained against a conference report (or Senate amendment

25 derived from such conference report by operation of this
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1 subparagraph), no further amendment shall be in order.

2 However, an amendment between Houses against which

3 a point of order was sustained under this subparagraph

4 shall if otherwise amendable, remain amendable.

5 ‘‘(d) This paragraph may be waived only by an af6 firmative vote of three-fifths of the Senators duly chosen

7 and sworn. Debate on a motion to waive the provisions

8 of this paragraph shall be limited to 2 hours. Any appeal

9 from a ruling of the Chair under this paragraph shall re10 quire an affirmative vote of three-fifths of the Senators

11 duly chosen and sworn to overturn such ruling of the

12 Chair. No appeal from a ruling of the Chair under this

13 paragraph shall negate its future application unless the

14 Senate specifically amends this paragraph.’’.

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