[United States Senate Manual, 110th Congress]
[S. Doc. 110-1]
[Standing Rules of the Senate]
[Pages 89-100]
[From the U.S. Government Publishing Office, www.gpo.gov]


        44                          RULE XLIV\93\
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                \93\Rule XLIV added pursuant to Pub. L. 110-81, Sep. 14, 
            2007.
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                 CONGRESSIONALLY DIRECTED SPENDING AND RELATED ITEMS

     44.1a      1. (a) It shall not be in order to vote on a motion to 
            proceed to consider a bill or joint resolution reported by 
            any committee unless the chairman of the committee of 
            jurisdiction or the Majority Leader or his or her designee 
            certifies--
                (1) that each congressionally directed spending item, 
            limited tax benefit, and limited tariff benefit, if any, in 
            the bill or joint resolution, or in the committee report 
            accompanying the bill or joint resolution, has been 
            identified through lists, charts, or other similar means 
            including the

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            name of each Senator who submitted a request to the 
            committee for each item so identified; and
                (2) that the information in clause (1) has been 
            available on a publicly accessible congressional website in 
            a searchable format at least 48 hours before such vote.
     44.1b      (b) If a point of order is sustained under this 
            paragraph, the motion to proceed shall be suspended until 
            the sponsor of the motion or his or her designee has 
            requested resumption and compliance with this paragraph has 
            been achieved.
     44.2a      2. (a) It shall not be in order to vote on a motion to 
            proceed to consider a Senate bill or joint resolution not 
            reported by committee unless the chairman of the committee 
            of jurisdiction or the Majority Leader or his or her 
            designee certifies--
                        (1) that each congressionally directed spending 
                    item, limited tax benefit, and limited tariff 
                    benefit, if any, in the bill or joint resolution, 
                    has been identified through lists, charts, or other 
                    similar means, including the name of each Senator 
                    who submitted a request to the sponsor of the bill 
                    or joint resolution for each item so identified; and
                        (2) that the information in clause (1) has been 
                    available on a publicly accessible congressional 
                    website in a searchable format at least 48 hours 
                    before such vote.

     44.2b      (b) If a point of order is sustained under this 
            paragraph, the motion to proceed shall be suspended until 
            the sponsor of the motion or his or her designee has 
            requested resumption and compliance with this paragraph has 
            been achieved.
     44.3a      3. (a) It shall not be in order to vote on the adoption 
            of a report of a committee of conference unless the chairman 
            of the committee of jurisdiction or the Majority Leader or 
            his or her designee certifies--
                        (1) that each congressionally directed spending 
                    item, limited tax benefit, and limited tariff 
                    benefit, if any, in the conference report, or in the 
                    joint statement of managers accompanying the 
                    conference report, has been identified through 
                    lists, charts, or other means, including the name of 
                    each Senator who submitted a request to the 
                    committee of jurisdiction for each item so 
                    identified; and

[[Page 91]]

                        (2) that the information in clause (1) has been 
                    available on a publicly accessible congressional 
                    website at least 48 hours before such vote.
     44.3b      (b) If a point of order is sustained under this 
            paragraph, then the conference report shall be set aside.
     44.4a      4. (a) If during consideration of a bill or joint 
            resolution, a Senator proposes an amendment containing a 
            congressionally directed spending item, limited tax benefit, 
            or limited tariff benefit which was not included in the bill 
            or joint resolution as placed on the calendar or as reported 
            by any committee, in a committee report on such bill or 
            joint resolution, or a committee report of the Senate on a 
            companion measure, then as soon as practicable, the Senator 
            shall ensure that a list of such items (and the name of any 
            Senator who submitted a request to the Senator for each 
            respective item included in the list) is printed in the 
            Congressional Record.
     44.4b      (b) If a committee reports a bill or joint resolution 
            that includes congressionally directed spending items, 
            limited tax benefits, or limited tariff benefits in the bill 
            or joint resolution, or in the committee report accompanying 
            the bill or joint resolution, the committee shall as soon as 
            practicable identify on a publicly accessible congressional 
            website each such item through lists, charts, or other 
            similar means, including the name of each Senator who 
            submitted a request to the committee for each item so 
            identified. Availability on the Internet of a committee 
            report that contains the information described in this 
            subparagraph shall satisfy the requirements of this 
            subparagraph.
     44.4c      (c) To the extent technically feasible, information made 
            available on publicly accessible congressional websites 
            under paragraphs 3 and 4 shall be provided in a searchable 
            format.
      44.5      5. For the purpose of this rule--
                      
     44.5a
                        (a) the term ``congressionally directed spending 
                    item'' means a provision or report language included 
                    primarily at the request of a Senator providing, 
                    authorizing, or recommending a specific amount of 
                    discretionary budget authority, credit authority, or 
                    other spending authority for a contract, loan, loan 
                    guarantee, grant, loan authority, or other 
                    expenditure with or to an entity, or targeted to a 
                    specific State, locality or Congressional district, 
                    other than through a statutory or administrative 
                    formula-driven or competitive award process;

[[Page 92]]


                      

     44.5b
                      
                        (b) the term ``limited tax benefit'' means--
                                (1) any revenue provision that--
                                  (A) provides a Federal tax deduction, 
                            credit, exclusion, or preference to a 
                            particular beneficiary or limited group of 
                            beneficiaries under the Internal Revenue 
                            Code of 1986; and
                                  (B) contains eligibility criteria that 
                            are not uniform in application with respect 
                            to potential beneficiaries of such 
                            provision;
     44.5c
                      
                        (c) the term ``limited tariff benefit'' means a 
                    provision modifying the Harmonized Tariff Schedule 
                    of the United States in a manner that benefits 10 or 
                    fewer entities; and

     44.5d
                      
                        (d) except as used in subparagraph 8(e), the 
                    term ``item'' when not preceded by ``congressionally 
                    directed spending'' means any provision that is a 
                    congressionally directed spending item, a limited 
                    tax benefit, or a limited tariff benefit.

     44.6a      6. (a) A Senator who requests a congressionally directed 
            spending item, a limited tax benefit, or a limited tariff 
            benefit in any bill or joint resolution (or an accompanying 
            report) or in any conference report (or an accompanying 
            joint statement of managers) shall provide a written 
            statement to the chairman and ranking member of the 
            committee of jurisdiction, including--
                        (1) the name of the Senator;
                        (2) in the case of a congressionally directed 
                    spending item, the name and location of the intended 
                    recipient or, if there is no specifically intended 
                    recipient, the intended location of the activity;
                        (3) in the case of a limited tax or tariff 
                    benefit, identification of the individual or 
                    entities reasonably anticipated to benefit, to the 
                    extent known to the Senator;
                        (4) the purpose of such congressionally directed 
                    spending item or limited tax or tariff benefit; and
                        (5) a certification that neither the Senator nor 
                    the Senator's immediate family has a pecuniary 
                    interest in the item, consistent with the 
                    requirements of paragraph 9.

     44.6b      (b) With respect to each item included in a Senate bill 
            or joint resolution (or accompanying report) reported by 
            committee or considered by the Senate, or included in a 
            conference report (or joint statement of managers accom

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            panying the conference report) considered by the Senate, 
            each committee of jurisdiction shall make available for 
            public inspection on the Internet the certifications under 
            subparagraph (a)(5) as soon as practicable.
      44.7      7. In the case of a bill, joint resolution, or 
            conference report that contains congressionally directed 
            spending items in any classified portion of a report 
            accompanying the measure, the committee of jurisdiction 
            shall, to the greatest extent practicable, consistent with 
            the need to protect national security (including 
            intelligence sources and methods), include on the list 
            required by paragraph 1, 2, or 3 as the case may be, a 
            general program description in unclassified language, 
            funding level, and the name of the sponsor of that 
            congressionally directed spending item.
     44.8a      8. (a) A Senator may raise a point of order against one 
            or more provisions of a conference report if they constitute 
            new directed spending provisions. 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.
     44.8b      (b) If the Presiding Officer sustains the point of order 
            as to any of the provisions against which the Senator raised 
            the point of order, then those provisions against which the 
            Presiding Officer sustains the point of order shall be 
            stricken. After all other points of order under this 
            paragraph have been disposed of--
                        (1) 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 that has not been stricken; and
                        (2) the question in clause (1) shall be decided 
                    under the same debate limitation as the conference 
                    report and no further amendment shall be in order.
     44.8c      (c) Any Senator may move to waive any or all points of 
            order under this paragraph with respect to the pending 
            conference report by an affirmative vote of three-fifths of 
            the Members, duly chosen and sworn. All motions to waive 
            under this paragraph shall be debatable collectively for not 
            to exceed 1 hour equally divided between the Majority Leader 
            and the Minority Leader or their designees. A motion to 
            waive all points of order under this paragraph shall not be 
            amendable.

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     44.8d      (d) All appeals from rulings of the Chair under this 
            paragraph shall be debatable collectively for not to exceed 
            1 hour, equally divided between the Majority and the 
            Minority Leader or their designees. An affirmative vote of 
            three-fifths 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 under this paragraph.
     44.8e      (e) The term ``new directed spending provision'' as used 
            in this paragraph means any item that consists of a specific 
            provision containing a specific level of funding for any 
            specific account, specific program, specific project, or 
            specific activity, when no specific funding was provided for 
            such specific account, specific program, specific project, 
            or specific activity in the measure originally committed to 
            the conferees by either House.
      44.9      9. No Member, officer, or employee of the Senate shall 
            knowingly use his official position to introduce, request, 
            or otherwise aid the progress or passage of congressionally 
            directed spending items, limited tax benefits, or limited 
            tariff benefits a principal purpose of which is to further 
            only his pecuniary interest, only the pecuniary interest of 
            his immediate family, or only the pecuniary interest of a 
            limited class of persons or enterprises, when he or his 
            immediate family, or enterprises controlled by them, are 
            members of the affected class.
     44.10      10. Any Senator may move to waive application of 
            paragraph 1, 2, or 3 with respect to a measure by an 
            affirmative vote of three-fifths of the Members, duly chosen 
            and sworn. A motion to waive under this paragraph with 
            respect to a measure shall be debatable for not to exceed 1 
            hour equally divided between the Majority Leader and the 
            Minority Leader or their designees. With respect to points 
            of order raised under paragraphs 1, 2, or 3, only one appeal 
            from a ruling of the Chair shall be in order, and debate on 
            such an appeal from a ruling of the Chair on such point of 
            order shall be limited to one hour.
     44.11      11. Any Senator may move to waive all points of order 
            under this rule with respect to the pending measure or 
            motion by an affirmative vote of three-fifths of the 
            Members, duly chosen and sworn. All motions to waive all 
            points of order with respect to a measure or motion as 
            provided by this paragraph shall be debatable collectively 
            for not to exceed 1 hour equally divided between the 
            Majority Leader and the Minority Leader or their designees. 
            A motion to waive all points of order with respect to a 
            measure

[[Page 95]]

            or motion as provided by this paragraph shall not be 
            amendable.
     44.12      12. Paragraph 1, 2, or 3 of this rule may be waived by 
            joint agreement of the Majority Leader and the Minority 
            Leader of the Senate upon their certification that such 
            waiver is necessary as a result of a significant disruption 
            to Senate facilities or to the availability of the Internet.

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                                        [45]
            ____________________________________________________________

                      APPENDIX TO STANDING RULES OF THE SENATE
            ____________________________________________________________
                [Note.--S. Res. 445, 108-2, a resolution to eliminate 
            certain restrictions on service of a Senator on the Senate 
            Select Committee on Intelligence, passed the Senate Oct. 9, 
            2004. The resolution made several changes to the 
            jurisdiction, treatment and name of Senate Committees. 
            However, the provisions of S. Res. 445 did not modify the 
            Standing Rules of the Senate and therefore could not be 
            included in this document except as an appendix. The 
            effective date for the provisions of the resolution was the 
            convening of the 109th Congress. Titles I, III and V of S. 
            Res. 445 are printed in this appendix.

            
                                     S. RES. 445

                To eliminate certain restrictions on service of a 
            Senator on the Senate Select Committee on Intelligence.
            
                         IN THE SENATE OF THE UNITED STATES

            
                                   October 1, 2004

            
               Mr. Lott submitted the following resolution; which was 
               referred to the Committee on Rules and Administration

            
                                   October 5, 2004

            
                       Reported by Mr. Lott, without amendment

            
                                   October 9, 2004

            
                         Considered, amended, and agreed to

            
                                     RESOLUTION

            
            To eliminate certain restrictions on service of a Senator on 
                    the Senate Select Committee on Intelligence.

                    Resolved,
        45  Sec. 100. Purpose.
                It is the purpose of titles I through V of this 
            resolution to improve the effectiveness of the Senate Select 
            Committee on Intelligence, especially with regard to its 
            oversight of the Intelligence Community of the United States 
            Government, and to improve the Senate's oversight of 
            homeland security.

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                     TITLE I--HOMELAND SECURITY OVERSIGHT REFORM

        46

  

            Sec. 101. Homeland security.
      46.a      (a) Committee on Homeland Security and Government 
            Affairs.--The Committee on Governmental Affairs is renamed 
            as the Committee on Homeland Security and Governmental 
            Affairs.
      46.b      (b) Jurisdiction.--There shall be referred to the 
            committee all proposed legislation, messages, petitions, 
            memorials, and other matters relating to the following 
            subjects:
                            (1) Department of Homeland Security, except 
                        matters relating to--

                                (A) the Coast Guard, the Transportation 
                            Security Administration, the Federal Law 
                            Enforcement Training Center or the Secret 
                            Service; and

                                (B)(i) the United States Citizenship and 
                            Immigration Service; or

                                (ii) the immigration functions of the 
                            United States Customs and Border Protection 
                            or the United States Immigration and Custom 
                            Enforcement or the Directorate of Border and 
                            Transportation Security; and

                                (C) the following functions performed by 
                            any employee of the Department of Homeland 
                            Security--

                                        (i) any customs revenue function 
                                    including any function provided for 
                                    in section 415 of the Homeland 
                                    Security Act of 2002 (Public Law 
                                    107-296);

                                        (ii) any commercial function or 
                                    commercial operation of the Bureau 
                                    of Customs and Border Protection or 
                                    Bureau of Immigration and Customs 
                                    Enforcement, including matters 
                                    relating to trade facilitation and 
                                    trade regulation; or

                                        (iii) any other function related 
                                    to clause (i) or (ii) that was 
                                    exercised by the United States 
                                    Customs Service on the day before 
                                    the effective date of the Homeland 
                                    Security Act of 2002 (Public Law 
                                    107-296).

            The jurisdiction of the Committee on Homeland Security and 
            Governmental Affairs in this paragraph shall supersede the 
            jurisdiction of any other committee of the Senate provided 
            in the rules of the Senate: Provided, That the jurisdiction 
            provided under section 101(b)(1) shall not include the 
            National Flood Insurance Act of 1968, or functions of the 
            Federal Emergency Management Agency related thereto.

                            (2) Archives of the United States.
                            (3) Budget and accounting measures, other 
                        than appropriations, except as provided in the 
                        Congressional Budget Act of 1974.
                            (4) Census and collection of statistics, 
                        including economic and social statistics.
                            (5) Congressional organization, except for 
                        any part of the matter that amends the rules or 
                        orders of the Senate.
                            (6) Federal Civil Service.
                            (7) Government information.
                            (8) Intergovernmental relations.
                            (9) Municipal affairs of the District of 
                        Columbia, except appropriations therefor.
                            (10) Organization and management of United 
                        States nuclear export policy.

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                            (11) Organization and reorganization of the 
                        executive branch of the Government.
                            (12) Postal Service.
                            (13) Status of officers and employees of the 
                        United States, including their classification, 
                        compensation, and benefits.
      46.c      (c) Additional Duties.--The committee shall have the 
            duty of--
                            (1) receiving and examining reports of the 
                        Comptroller General of the United States and of 
                        submitting such recommendations to the Senate as 
                        it deems necessary or desirable in connection 
                        with the subject matter of such reports;
                            (2) studying the efficiency, economy, and 
                        effectiveness of all agencies and departments of 
                        the Government;
                            (3) evaluating the effects of laws enacted 
                        to reorganize the legislative and executive 
                        branches of the Government; and
                            (4) studying the intergovernmental 
                        relationships between the United States and the 
                        States and municipalities, and between the 
                        United States and international organizations of 
                        which the United States is a member.
      46.d      (d) Jurisdiction of Budget Committee.--Notwithstanding 
            paragraph (b)(3) of this section, and except as otherwise 
            provided in the Congressional Budget Act of 1974, the 
            Committee on the Budget shall have exclusive jurisdiction 
            over measures affecting the congressional budget process, 
            which are--
                            (1) the functions, duties, and powers of the 
                        Budget Committee;
                            (2) the functions, duties, and powers of the 
                        Congressional Budget Office;
                            (3) the process by which Congress annually 
                        establishes the appropriate levels of budget 
                        authority, outlays, revenues, deficits or 
                        surpluses, and public debt--including 
                        subdivisions thereof--and including the 
                        establishment of mandatory ceilings on spending 
                        and appropriations, a floor on revenues, 
                        timetables for congressional action on 
                        concurrent resolutions, on the reporting of 
                        authorization bills, and on the enactment of 
                        appropriation bills, and enforcement mechanisms 
                        for budgetary limits and timetables;
                            (4) the limiting of backdoor spending 
                        devices;
                            (5) the timetables for Presidential 
                        submission of appropriations and authorization 
                        requests;
                            (6) the definitions of what constitutes 
                        impoundment--such as ``rescissions'' and 
                        ``deferrals'';
                            (7) the process and determination by which 
                        impoundments must be reported to and considered 
                        by Congress;
                            (8) the mechanisms to insure Executive 
                        compliance with the provisions of the 
                        Impoundment Control Act, title X--such as GAO 
                        review and lawsuits; and
                            (9) the provisions which affect the content 
                        or determination of amounts included in or 
                        excluded from the congressional budget or the 
                        calculation of such amounts, including the 
                        definition of terms provided by the Budget Act.
      46.e      (e) OMB Nominees.--The Committee on the Budget and the 
            Committee on Homeland Security and Governmental Affairs 
            shall have joint jurisdiction over the nominations of 
            persons nominated by the President to fill the positions of 
            Director and Deputy Director for Budget within

[[Page 100]]

            the Office of Management and Budget, and if one committee 
            votes to order reported such a nomination, the other must 
            report within 30 calendar days session, or be automatically 
            discharged.
                             TITLE III--COMMITTEE STATUS

        47

  

            Sec. 301. Committee status.
      47.a      (a) Homeland Security.--The Committee on Homeland 
            Security and Governmental Affairs shall be treated as the 
            Committee on Governmental Affairs listed under paragraph 2 
            of rule XXV of the Standing Rules of the Senate for purposes 
            of the Standing Rules of the Senate.
      47.b      (b) Intelligence.--The Select Committee on Intelligence 
            shall be treated as a committee listed under paragraph 2 of 
            rule XXV of the Standing Rules of the Senate for purposes of 
            the Standing Rules of the Senate.
                               TITLE V--EFFECTIVE DATE

        48

  

            Sec. 501. Effective date.
                This resolution shall take effect on the convening of 
            the 109th Congress.