[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2265 Introduced in Senate (IS)]








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.''.
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