III 109th CONGRESS 2d Session S. RES. 365 IN THE SENATE OF THE UNITED STATES February 2, 2006 Mr. Lott (for himself and Mrs. Feinstein) submitted the following resolution; which was referred to the Committee on Rules and Administration RESOLUTION To provide a 60 vote point of order against out-of-scope material in conference reports and open the process of earmarks in the Senate.

1.

Out of scope matters in conference reports

(a)

In general

It shall not be in order in the Senate to consider a conference report that includes any matter not committed to the conferees by either House. A point of order shall be made and voted on separately for each item in violation of this section. (b)

Disposition

If the point of order against a conference report under subsection (a) is sustained, then— (1)the matter in such conference report shall be deemed to have been struck; (2)when all other points of order under this section 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; (B)the question shall be debatable; and (C)no further amendment shall be in order; and (3)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. (c)

Supermajority Waiver and Appeal

This section may be waived or suspended in the Senate only by an affirmative vote of 3/5 of the Members, duly chosen and sworn. An affirmative vote of 3/5 of the Members of the Senate, duly chosen and sworn, shall be required in the Senate to sustain an appeal of the ruling of the Chair on a point of order raised under this section.

2.

Earmarks

(a)

Honesty in earmarks

Rule XVI of the Standing Rules of the Senate is amended by adding at the end the following: 10.(a)In this paragraph, the term earmark means a provision that specifies the identity of an entity to receive assistance and the amount of the assistance. (b)It shall not be in order to consider any bill or amendment between the Houses or conference report on such a bill unless a list of— (1)all earmarks in such measure; (2)an identification of the member who proposed the earmark; and (3)an explanation of the essential governmental purpose for the earmark; are available to all Members and made available to the general public by means of the Internet for at least 24 hours before its consideration.. (b)

Member requests

Prior to the consideration of a bill in the Senate, any Member who requests an earmark in the bill shall file a copy of the request with the Secretary of the Senate and the request shall be printed in the Congressional Record.

3.

Availability of conference reports on the internet

Rule XXVIII of all the Standing Rules of the Senate is amended by adding at the end the following: 9. It shall not be in order to consider a conference report unless such report is available to all Members and made available to the general public by means of the Internet for at least 24 hours before its consideration. .