    [United States Senate Manual, 113th Congress]
    [S. Doc. 113-1]
    [Standing Rules of the Senate]
    [Pages 90-95]
    [From the U.S. Government Publishing Office, www.gpo.gov]

            44                         RULE XLIV \95\
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                    \95\ 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 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--

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                            (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
                            (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.

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         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;

         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

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                        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
                accompanying 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

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                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.
         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.

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          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 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.