S.Amdt. 2605

1. Rewrites subtitle B of title V

   Replaces

   In S. 1 · Engrossed Amendment House

   Struck: Subtitle B--Earmark Reform

   Struck: SEC. 521. CONGRESSIONALLY DIRECTED SPENDING.

   Inserted: Subtitle B--Earmark, Conference, and Conflict of Interest Reform SEC. 521. OUT OF SCOPE MATTERS IN CONFERENCE REPORTS.

   Inserted: (a) In General.--A point of order may be made by any Senator against any item contained in a conference report that includes or consists of any matter not committed to the conferees by either House. The point of order may be made and disposed of separately for each item in violation of this section.

   Inserted: (b) Disposition.--If the point of order raised against an item in a conference report under subsection (a) is sustained--

   Inserted: (1) the matter in such conference report shall be stricken; and

   Inserted: (2) when all other points of order under this section have been disposed of--

   Inserted: (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 that has not been stricken (any modification of total amounts appropriated necessary to reflect the deletion of the matter struck from the conference report shall be made);

   Inserted: (B) the question shall be debatable; and

   Inserted: (C) no further amendment shall be in order.

   Inserted: (c) Limitation.--

   Inserted: (1) In general.--In this section, the term "matter not committed to the conferees by either House" shall include any item which consists of a specific provision containing a specific level of funding for any specific account, specific program, specific project, or specific activity, when no such 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.

   Inserted: (2) Rule xxviii.--For the purpose of rule XXVIII of the Standing Rules of the Senate, the term "matter not committed" shall include any item which consists of a specific provision containing a specific level of funding for any specific account, specific program, specific project, or specific activity, when no such 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.

   Inserted: (d) 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.

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   Inserted: SEC. 522. CONGRESSIONAL EARMARK REFORM.

   The Standing Rules of the Senate are amended by adding at the end the following:

   "RULE XLIV

   Struck: "Congressionally Directed Spending and Related Items

   Struck: "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--

   Struck: "(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

   Struck: "(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.

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   Struck: "(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. "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--

   Struck: "(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

   Struck: "(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.

   Struck: "(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. "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--

   Struck: "(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

   Struck: "(2) that the information in clause (1) has been available on a publicly accessible congressional website at least 48 hours before such vote.

   Inserted: "earmarks "1. It shall not be in order to consider--

   "([struck: b) If ]a[struck: point of order is sustained under this paragraph, then the conference report shall be set aside. "4. (a]) [struck: If during consideration of ]a bill or joint resolution[struck: , a Senator proposes an amendment containing ][inserted: reported by ]a [struck: congressionally directed spending item, limited tax benefit, or limited tariff benefit which was not included][inserted: committee unless the report includes a list, which shall be made available on the Internet] in [struck: the bill or joint resolution as placed on ][inserted: a searchable format to ]the [struck: calendar or as reported by any committee, in a committee report on such ][inserted: general public for at least 48 hours before consideration of the ]bill or joint resolution, [struck: or a committee report ]of [struck: the Senate on a companion measure, then as soon as practicable,][inserted: congressional earmarks, limited tax benefits, and limited tariff benefits in] the [struck: Senator shall ensure that a list of such items ][inserted: bill or in the report ](and the name of any [struck: Senator][inserted: Member] who submitted a request to the [struck: Senator][inserted: committee] for each respective item included in [struck: the][inserted: such] list) [struck: is printed in ][inserted: or a statement that ]the [struck: Congressional Record.][inserted: proposition contains no congressional earmarks, limited tax benefits, or limited tariff benefits;]

   "(b) [struck: If ]a [struck: committee reports a ]bill or joint resolution [struck: 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][inserted: not reported by a committee unless the chairman of each committee of jurisdiction has caused a list, which shall be made available on] the [struck: bill or joint resolution, ][inserted: Internet in a searchable format to ]the [struck: committee shall as soon as practicable identify on a publicly accessible congressional website each such item through lists, charts, or other similar means, including][inserted: general public for at least 48 hours before consideration of the bill or joint resolution, of congressional earmarks, limited tax benefits, and limited tariff benefits in] the [inserted: bill (and the ]name of [struck: each Senator][inserted: any Member] who submitted a request to the committee for each [inserted: respective ]item [struck: so identified. Availability on ][inserted: included in such list) or a statement that ]the [struck: Internet of a committee report that contains the information described in this subparagraph shall satisfy ][inserted: proposition contains no congressional earmarks, limited tax benefits, or limited tariff benefits to be printed in ]the [struck: requirements of this subparagraph.][inserted: Congressional Record prior to its consideration; or]

   Struck: "(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. "5. For the purpose of this rule--

   Struck: "(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;

   Inserted: "(c) a conference report to accompany a bill or joint resolution unless the joint explanatory statement prepared by the managers on the part of the House and the managers on the part of the Senate includes a list, which shall be made available on the Internet in a searchable format to the general public for at least 48 hours before consideration of the conference report, of congressional earmarks, limited tax benefits, and limited tariff benefits in the conference report or joint statement (and the name of any Member, Delegate, Resident Commissioner, or Senator who submitted a request to the House or Senate committees of jurisdiction for each respective item included in such list) or a statement that the proposition contains no congressional earmarks, limited tax benefits, or limited tariff benefits.

   Inserted: "2. For the purpose of this rule--

   Inserted: "(a) the term 'congressional earmark' means a provision or report language included primarily at the request of a Member, Delegate, Resident Commissioner, or 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;

   "(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;[inserted: or]

   Inserted: "(2) any Federal tax provision which provides one beneficiary temporary or permanent transition relief from a change to the Internal Revenue Code of 1986; and

   "(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[struck: ; and][inserted: .]

   "[struck: (d) except as used in subparagraph 8(e), ][inserted: 3. A Member may not condition ]the [struck: term 'item' when not preceded by 'congressionally directed spending' means any provision that is ][inserted: inclusion of language to provide funding for ]a [struck: congressionally directed spending item][inserted: congressional earmark], a limited tax benefit, or a limited tariff benefit[struck: . "6. (a) A Senator who requests a congressionally directed spending item, a limited tax benefit, or a limited tariff benefit ][inserted: ]in any bill or joint resolution (or an accompanying report) or in any conference report [struck: (][inserted: on a bill ]or [inserted: joint resolution (including ]an accompanying joint [inserted: explanatory ]statement of managers) [struck: shall provide a written statement to the chairman and ranking member of the committee of jurisdiction, including--][inserted: on any vote cast by another Member, Delegate, or Resident Commissioner.]

   Inserted: "4. (a) A Member who requests a congressional earmark, a limited tax benefit, or a limited tariff benefit in any bill or joint resolution (or an accompanying report) or in any conference report on a bill or joint resolution (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 [struck: Senator][inserted: Member];

   "(2) in the case of a [struck: congressionally directed spending item][inserted: congressional earmark], the name and [struck: location][inserted: address] 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 [struck: Senator][inserted: Member];

   "(4) the purpose of such [struck: congressionally directed spending item ][inserted: congressional earmark ]or limited tax or tariff benefit; and

   Struck: "(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.

   Struck: "(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. "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. "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.

   Struck: "(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--

   Struck: "(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

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   Struck: "(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.

   Struck: "(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.

   Struck: "(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.

   Struck: "(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. "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. "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. "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. "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.".

   Inserted: "(5) a certification that the Member or spouse has no financial interest in such congressional earmark or limited tax or tariff benefit.

   Inserted: "(b) Each committee shall maintain the written statements transmitted under subparagraph (a). The written statements transmitted under subparagraph (a) for any congressional earmarks, limited tax benefits, or limited tariff benefits included in any measure reported by the committee or conference report filed by the chairman of the committee or any subcommittee thereof shall be published in a searchable format on the committee's or subcommittee's website not later than 48 hours after receipt on such information.

   Inserted: "5. It shall not be in order to consider any bill, resolution, or conference report that contains an earmark included in any classified portion of a report accompanying the measure unless the bill, resolution, or conference report includes to the greatest extent practicable, consistent with the need to protect national security (including intelligence sources and methods), in unclassified language, a general program description, funding level, and the name of the sponsor of that earmark.".

   Inserted: SEC. 523. PROHIBITION ON FINANCIAL GAIN FROM EARMARKS BY MEMBERS, IMMEDIATE FAMILY OF MEMBERS, STAFF OF MEMBERS, OR IMMEDIATE FAMILY OF STAFF OF MEMBERS.

   Inserted: Rule XXXVII of the Standing Rules of the Senate is amended by adding at the end the following:

   Inserted: "15. (a) No Member shall use his official position to introduce, request, or otherwise aid the progress or passage of a congressional earmark that will financially benefit or otherwise further the pecuniary interest of such Member, the spouse of such Member, the immediate family member of such Member, any employee on the staff of such Member, the spouse of an employee on the staff of such Member, or immediate family member of an employee on the staff of such Member.

   Inserted: "(b) For purposes of this paragraph--

   Inserted: "(1) the term 'immediate family member' means the son, daughter, stepson, stepdaughter, son-in-law, daughter-in-law, mother, father, stepmother, stepfather, mother-in-law, father-in-law, brother, sister, stepbrother, or stepsister of a Member or any employee on the staff (including staff in personal, committee and leadership offices) of a Member; and

   Inserted: "(2) the term 'congressional earmark' shall have the same meaning as in rule XLIV of the Standing Rules of the Senate.".

   Original wording

   Strike subtitle B of title V of the amendment and insert the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed