Pork-Barrel Reduction Act - Amends rule XVI (Appropriations and Amendments to General Appropriations Bills) of the Standing Rules of the Senate with respect to consideration of appropriations bills to provide that, upon a point of order, no: (1) new or general legislation nor any unauthorized appropriation may be included in any general appropriation bill; (2) amendment may be received to any general appropriation bill that would add an unauthorized appropriation; (3) 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; or (4) unauthorized appropriation may be included in any amendment between the chambers in relation to a general appropriation bill.
Sets forth procedures for consideration of such points of order.
Amends rule XXVIII (Conference Committees, Reports, Open Meetings) to make it out of order to consider a conference report which includes matter not committed to the conferees by either chamber.
Makes the presentation of conference reports in order only after such reports are filed and made available 48 hours before such presentation.
Prohibits a federal agency from obligating any funds made available in an appropriation Act to implement an earmark included in an accompanying report, unless the earmark is also included in the Act.
Amends rule XVI to prohibit consideration of an appropriation bill or amendment between the chambers which includes unauthorized appropriations, unless such bill is accompanied by a report providing a detailed listing of: (1) all unauthorized appropriations 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 it.
Imposes the same prohibition with respect to a conference report which includes unauthorized appropriations if it is not accompanied by a joint statement that provides the same detailed listing.
Amends the Lobbying Disclosure Act of 1995 to require a recipient of federal funds to file a mandatory disclosure report containing: (1) the name of any registered lobbyist to whom the recipient paid money to lobby on behalf of such funding; and (2) the amount of such payment.
[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.''.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S980-981)
Read twice and referred to the Committee on Rules and Administration.
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