109th CONGRESS
2d Session
S. 2265
To provide greater accountability of taxpayers' dollars by curtailing
congressional earmarking, and for other purposes.
IN THE SENATE OF THE UNITED STATES
February 9, 2006
Mr. MCCAIN (for himself, Mr. FEINGOLD, Mr. KYL, Mr. BAYH, Mr. ENSIGN, Mr.
GRAHAM, Mr. SUNUNU, Mr. COBURN, Mr. DEMINT, and Mr. CORNYN) introduced the
following bill; which was read twice and referred to the Committee on Rules
and Administration
A BILL
To provide greater accountability of taxpayers' dollars by curtailing
congressional earmarking, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Pork-Barrel Reduction Act'.
SEC. 2. REFORM OF CONSIDERATION OF APPROPRIATIONS BILLS IN THE SENATE.
Paragraph 1 of Rule XVI of the Standing Rules of the Senate is amended to
read as follows:
`1. (a) On a point of order made by any Senator:
`(1) No new or general legislation nor any unauthorized appropriation
may be included in any general appropriation bill.
`(2) No amendment may be received to any general appropriation bill the
effect of which will be to add an unauthorized appropriation to the bill.
`(3) No new or general legislation nor any unauthorized appropriation,
new matter, or nongermane matter may be included in any conference report
on a general appropriation bill.
`(4) No unauthorized appropriation may be included in any amendment between
the Houses, or any amendment thereto, in relation to a general appropriation
bill.
`(b)(1) If a point of order under subparagraph (a)(1) against a Senate bill
is sustained, then--
`(A) the new or general legislation or unauthorized appropriation shall
be struck from the bill; and
`(B) any modification of total amounts appropriated necessary to reflect
the deletion of the matter struck from the bill shall be made and the
allocation of discretionary budgetary resources allocated under section
302(a)(2) of the Congressional Budget Act of 1974 (2 U.S.C. 633(a)(2))
shall be reduced accordingly.
`(2) If a point of order under subparagraph (a)(1) against an Act of the
House of Representatives is sustained, then an amendment to the House bill
is deemed to have been adopted that--
`(A) strikes the new or general legislation or unauthorized appropriation
from the bill; and
`(B) modifies, if necessary, the total amounts appropriated by the bill
to reflect the deletion of the matter struck from the bill and reduces
the allocation of discretionary budgetary resources allocated under section
302(a)(2) of the Congressional Budget Act of 1974 (2 U.S.C. 633(a)(2))
accordingly.
`(c) If the point of order against an amendment under subparagraph (a)(2)
is sustained, then the amendment shall be out of order and may not be considered.
`(d) If the point of order against a conference report under subparagraph
(a)(3) is sustained, then--
`(1) the new or general legislation, unauthorized appropriation, new matter,
or nongermane matter in such conference report shall be deemed to have
been struck;
`(2) any modification of total amounts appropriated necessary to reflect
the deletion of the matter struck shall be deemed to have been made and
the allocation of discretionary budgetary resources allocated under section
302(a)(2) of the Congressional Budget Act of 1974 (2 U.S.C. 633(a)(2))
shall be deemed to be reduced accordingly;
`(3) when all other points of order under this paragraph have been disposed
of--
`(A) the Senate shall proceed to consider the question of whether the
Senate should recede from its amendment to the House bill, or its disagreement
to the amendment of the House, and concur with a further amendment,
which further amendment shall consist of only that portion of the conference
report not deemed to have been struck (together with any modification
of total amounts appropriated and reduction in the allocation of discretionary
budgetary resources allocated under section 302(a)(2) of the Congressional
Budget Act of 1974 (2 U.S.C. 633(a)(2)) deemed to have been made);
`(B) the question shall be debatable; and
`(C) no further amendment shall be in order; and
`(4) if the Senate agrees to the amendment, then the bill and the Senate
amendment thereto shall be returned to the House for its concurrence in
the amendment of the Senate.
`(e)(1) If a point of order under subparagraph (a)(4) against a Senate amendment
is sustained, then--
`(A) the unauthorized appropriation shall be struck from the amendment;
`(B) any modification of total amounts appropriated necessary to reflect
the deletion of the matter struck from the amendment shall be made and
the allocation of discretionary budgetary resources allocated under section
302(a)(2) of the Congressional Budget Act of 1974 (2 U.S.C. 633(a)(2))
shall be reduced accordingly; and
`(C) after all other points of order under this paragraph have been disposed
of, the Senate shall proceed to consider the amendment as so modified.
`(2) If a point of order under subparagraph (a)(4) against a House amendment
is sustained, then--
`(A) an amendment to the House amendment is deemed to have been adopted
that--
`(i) strikes the new or general legislation or unauthorized appropriation
from the House amendment; and
`(ii) modifies, if necessary, the total amounts appropriated by the
bill to reflect the deletion of the matter struck from the House amendment
and reduces the allocation of discretionary budgetary resources allocated
under section 302(a)(2) of the Congressional Budget Act of 1974 (2 U.S.C.
633(a)(2)) accordingly; and
`(B) after all other points of order under this paragraph have been disposed
of, the Senate shall proceed to consider the question of whether to concur
with further amendment.
`(f) The disposition of a point of order made under any other paragraph
of this Rule, or under any other Standing Rule of the Senate, that is not
sustained, or is waived, does not preclude, or affect, a point of order
made under subparagraph (a) with respect to the same matter.
`(g) A point of order under subparagraph (a) may be waived only by a motion
agreed to by the affirmative vote of three-fifths of the Senators duly chosen
and sworn. If an appeal is taken from the ruling of the Presiding Officer
with respect to such a point of order, the ruling of the Presiding Officer
shall be sustained absent an affirmative vote of three-fifths of the Senators
duly chosen and sworn.
`(h) Notwithstanding any other rule of the Senate, it shall be in order
for a Senator to raise a single point of order that several provisions of
a general appropriation bill, a conference report on a general appropriation
bill, or an amendment between the Houses on a general appropriation bill
violate subparagraph (a). 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 or all of the provisions against which the Senator raised the
point of order, then only those provisions against which the Presiding Officer
sustains the point of order shall be deemed stricken pursuant to this paragraph.
Before the Presiding Officer rules on such a point of order, any Senator
may move to waive such a point of order, in accordance with subparagraph
(g), 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.
`(i) Notwithstanding any provision of the Congressional Budget Act of 1974
(2 U.S.C. 621 et seq.), no point of order provided for under that Act shall
lie against the striking of any matter, the modification of total amounts
to reflect the deletion of matter struck, or the reduction of an allocation
of discretionary budgetary resources allocated under section 302(a)(2) of
the Congressional Budget Act of 1974 (2 U.S.C. 633(a)(2)) to reflect the
deletion of matter struck (or to the bill, amendment, or conference report
as affected by such striking, modification, or reduction) pursuant to a
point of order under this paragraph.
`(j) For purposes of this paragraph:
`(1)(A) The term `unauthorized appropriation' means an appropriation--
`(i) not specifically authorized by law or Treaty stipulation (unless
the appropriation has been specifically authorized by an Act or resolution
previously passed by the Senate during the same session or proposed
in pursuance of an estimate submitted in accordance with law); or
`(ii) the amount of which exceeds the amount specifically authorized
by law or Treaty stipulation (or specifically authorized by an Act or
resolution previously passed by the Senate during the same session or
proposed in pursuance of an estimate submitted in accordance with law)
to be appropriated.
`(B) An appropriation is not specifically authorized if it is restricted
or directed to, or authorized to be obligated or expended for the benefit
of, an identifiable person, program, project, entity, or jurisdiction
by earmarking or other specification, whether by name or description,
in a manner that--
`(i) discriminates against other persons, programs, projects, entities,
or jurisdictions similarly situated that would be eligible, but for
the restriction, direction, or authorization, for the amount appropriated;
or
`(ii) is so restricted, directed, or authorized that it applies only
to a single identifiable person, program, project, entity, or jurisdiction,
unless the identifiable person, program, project, entity, or jurisdiction
to which the restriction, direction, or authorization applies is described
or otherwise clearly identified in a law or Treaty stipulation (or an
Act or resolution previously passed by the Senate during the same session
or in the estimate submitted in accordance with law) that specifically
provides for the restriction, direction, or authorization of appropriation
for such person, program, project, entity, or jurisdiction.
`(2) The term `new or general legislation' has the meaning given that
term when it is used in paragraph 2 of this Rule.
`(3) The terms `new matter' and `nongermane matter' have the same meaning
as when those terms are used in Rule XXVIII.'.
SEC. 3. CONSIDERATION OF CONFERENCE REPORTS.
Rule XXVIII of the Standing Rules of the Senate is amended by adding at
the end the following:
`7. (a) It shall not be in order to consider a conference report which includes
matter not committed to the conferees by either House.
`(b) The presentation of reports of committees of conference under paragraph
1 shall be in order only after such reports are filed and made available
48 hours prior to presentation.'.
SEC. 4. PROHIBITION ON OBLIGATION OF FUNDS FOR APPROPRIATIONS EARMARKS
INCLUDED ONLY IN CONGRESSIONAL REPORTS.
(a) In General- No Federal agency may obligate any funds made available
in an appropriation Act to implement an earmark that is included in a congressional
report accompanying the appropriation Act, unless the earmark is also included
in the appropriation Act.
(b) Definitions- For purposes of this section:
(1) The term `assistance' includes a grant, loan, loan guarantee, or contract.
(2) The term `congressional report' means a report of the Committee on
Appropriations of the House of Representatives or the Senate, or a joint
explanatory statement of a committee of conference.
(3) The term `earmark' means a provision that specifies the identity of
an entity to receive assistance and the amount of the assistance.
(4) The term `entity' includes a State or locality, but does not include
any Federal agency.
(c) Effective Date- This section shall apply to appropriation Acts enacted
after December 31, 2006.
SEC. 5. DISCLOSURE.
(a) Unauthorized Appropriations- Rule XVI of the Standing Rules of the Senate
is amended by adding at the end the following:
`9. No appropriation bill or amendment between the Houses which includes
unauthorized appropriations (as identified by paragraph 1(j)) shall be considered
unless such bill is accompanied by a report that provides a detailed listing
of--
`(1) all unauthorized appropriation in such bill;
`(2) an identification of the member or members who proposed the unauthorized
appropriation; and
`(3) an explanation of the essential governmental purpose for the unauthorized
appropriation.'.
(b) Earmark Disclosure, Sponsor, and Purpose- Paragraph 4 of Rule XVIII
of the Standing Rules of the Senate is amended by--
(1) inserting `(a)' after `4.'; and
(2) adding at the end the following:
`(b) No conference report which includes unauthorized appropriations (as
defined by paragraph 1(j) of rule XVI) shall be considered unless such conference
report is accompanied by a joint statement that provides a detailed listing
of--
`(1) all unauthorized appropriations in such conference report;
`(2) an identification of the member or members who proposed the unauthorized
appropriation; and
`(3) an explanation of the essential governmental purpose for the unauthorized
appropriation.'.
(c) Lobbying on Behalf of Recipients of Federal Funds- The Lobbying Disclosure
Act of 1995 is amended by adding after section 5 the following:
`SEC. 5A. REPORTS BY RECIPIENTS OF FEDERAL FUNDS.
`(a) In General- A recipient of Federal funds shall file a report as required
by section 5(a) containing--
`(1) the name of any lobbyist registered under this Act to whom the recipient
paid money to lobby on behalf of the Federal funding received by the recipient;
and
`(2) the amount of money paid as described in paragraph (1).
`(b) Definition- In this section, the term `recipient of Federal funds'
means the recipient of Federal funds constituting an award, grant, or loan.'.
END
