II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Pork-Barrel Reduction 

5 Act’’. 

6 SEC. 2. REFORM OF CONSIDERATION OF APPROPRIATIONS 

7 BILLS IN THE SENATE. 

8 Paragraph 1 of Rule XVI of the Standing Rules of 

9 the Senate is amended to read as follows: 
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1 ‘‘1. (a) On a point of order made by any Senator: 

2 ‘‘(1) No new or general legislation nor any un3 authorized appropriation may be included in any 

4 general appropriation bill. 

5 ‘‘(2) No amendment may be received to any 

6 general appropriation bill the effect of which will be 

7 to add an unauthorized appropriation to the bill. 

8 ‘‘(3) No new or general legislation nor any un9 authorized appropriation, new matter, or non10 germane matter may be included in any conference 

11 report on a general appropriation bill. 

12 ‘‘(4) No unauthorized appropriation may be in13 cluded in any amendment between the Houses, or 

14 any amendment thereto, in relation to a general ap15 propriation bill. 

16 ‘‘(b)(1) If a point of order under subparagraph (a)(1) 

17 against a Senate bill is sustained, then— 

18 ‘‘(A) the new or general legislation or unauthor19 ized appropriation shall be struck from the bill; and 

20 ‘‘(B) any modification of total amounts appro21 priated necessary to reflect the deletion of the mat22 ter struck from the bill shall be made and the alloca23 tion of discretionary budgetary resources allocated 

24 under section 302(a)(2) of the Congressional Budget 
3 

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1 Act of 1974 (2 U.S.C. 633(a)(2)) shall be reduced 

2 accordingly. 

3 ‘‘(2) If a point of order under subparagraph (a)(1) 

4 against an Act of the House of Representatives is sus5 tained, then an amendment to the House bill is deemed 

6 to have been adopted that— 

7 ‘‘(A) strikes the new or general legislation or 

8 unauthorized appropriation from the bill; and 

9 ‘‘(B) modifies, if necessary, the total amounts 

10 appropriated by the bill to reflect the deletion of the 

11 matter struck from the bill and reduces the alloca12 tion of discretionary budgetary resources allocated 

13 under section 302(a)(2) of the Congressional Budget 

14 Act of 1974 (2 U.S.C. 633(a)(2)) accordingly. 

15 ‘‘(c) If the point of order against an amendment 

16 under subparagraph (a)(2) is sustained, then the amend17 ment shall be out of order and may not be considered. 

18 ‘‘(d) If the point of order against a conference report 

19 under subparagraph (a)(3) is sustained, then— 

20 ‘‘(1) the new or general legislation, unauthor21 ized appropriation, new matter, or nongermane mat22 ter in such conference report shall be deemed to 

23 have been struck; 

24 ‘‘(2) any modification of total amounts appro25 priated necessary to reflect the deletion of the mat-
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1 ter struck shall be deemed to have been made and 

2 the allocation of discretionary budgetary resources 

3 allocated under section 302(a)(2) of the Congres4 sional Budget Act of 1974 (2 U.S.C. 633(a)(2)) 

5 shall be deemed to be reduced accordingly; 

6 ‘‘(3) when all other points of order under this 

7 paragraph have been disposed of— 

8 ‘‘(A) the Senate shall proceed to consider 

9 the question of whether the Senate should re10 cede from its amendment to the House bill, or 

11 its disagreement to the amendment of the 

12 House, and concur with a further amendment, 

13 which further amendment shall consist of only 

14 that portion of the conference report not 

15 deemed to have been struck (together with any 

16 modification of total amounts appropriated and 

17 reduction in the allocation of discretionary 

18 budgetary resources allocated under section 

19 302(a)(2) of the Congressional Budget Act of 

20 1974 (2 U.S.C. 633(a)(2)) deemed to have been 

21 made); 

22 ‘‘(B) the question shall be debatable; and 

23 ‘‘(C) no further amendment shall be in 

24 order; and 
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1 ‘‘(4) if the Senate agrees to the amendment, 

2 then the bill and the Senate amendment thereto 

3 shall be returned to the House for its concurrence 

4 in the amendment of the Senate. 

5 ‘‘(e)(1) If a point of order under subparagraph (a)(4) 

6 against a Senate amendment is sustained, then— 

7 ‘‘(A) the unauthorized appropriation shall be 

8 struck from the amendment; 

9 ‘‘(B) any modification of total amounts appro10 priated necessary to reflect the deletion of the mat11 ter struck from the amendment shall be made and 

12 the allocation of discretionary budgetary resources 

13 allocated under section 302(a)(2) of the Congres14 sional Budget Act of 1974 (2 U.S.C. 633(a)(2)) 

15 shall be reduced accordingly; and 

16 ‘‘(C) after all other points of order under this 

17 paragraph have been disposed of, the Senate shall 

18 proceed to consider the amendment as so modified. 

19 ‘‘(2) If a point of order under subparagraph (a)(4) 

20 against a House amendment is sustained, then— 

21 ‘‘(A) an amendment to the House amendment 

22 is deemed to have been adopted that— 

23 ‘‘(i) strikes the new or general legislation 

24 or unauthorized appropriation from the House 

25 amendment; and 
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1 ‘‘(ii) modifies, if necessary, the total 

2 amounts appropriated by the bill to reflect the 

3 deletion of the matter struck from the House 

4 amendment and reduces the allocation of discre5 tionary budgetary resources allocated under sec6 tion 302(a)(2) of the Congressional Budget Act 

7 of 1974 (2 U.S.C. 633(a)(2)) accordingly; and 

8 ‘‘(B) after all other points of order under this 

9 paragraph have been disposed of, the Senate shall 

10 proceed to consider the question of whether to con11 cur with further amendment. 

12 ‘‘(f) The disposition of a point of order made under 

13 any other paragraph of this Rule, or under any other 

14 Standing Rule of the Senate, that is not sustained, or is 

15 waived, does not preclude, or affect, a point of order made 

16 under subparagraph (a) with respect to the same matter. 

17 ‘‘(g) A point of order under subparagraph (a) may 

18 be waived only by a motion agreed to by the affirmative 

19 vote of three-fifths of the Senators duly chosen and sworn. 

20 If an appeal is taken from the ruling of the Presiding Offi21 cer with respect to such a point of order, the ruling of 

22 the Presiding Officer shall be sustained absent an affirma23 tive vote of three-fifths of the Senators duly chosen and 

24 sworn. 
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1 ‘‘(h) Notwithstanding any other rule of the Senate, 

2 it shall be in order for a Senator to raise a single point 

3 of order that several provisions of a general appropriation 

4 bill, a conference report on a general appropriation bill, 

5 or an amendment between the Houses on a general appro6 priation bill violate subparagraph (a). The Presiding Offi7 cer may sustain the point of order as to some or all of 

8 the provisions against which the Senator raised the point 

9 of order. If the Presiding Officer so sustains the point of 

10 order as to some or all of the provisions against which 

11 the Senator raised the point of order, then only those pro12 visions against which the Presiding Officer sustains the 

13 point of order shall be deemed stricken pursuant to this 

14 paragraph. Before the Presiding Officer rules on such a 

15 point of order, any Senator may move to waive such a 

16 point of order, in accordance with subparagraph (g), as 

17 it applies to some or all of the provisions against which 

18 the point of order was raised. Such a motion to waive is 

19 amendable in accordance with the rules and precedents of 

20 the Senate. After the Presiding Officer rules on such a 

21 point of order, any Senator may appeal the ruling of the 

22 Presiding Officer on such a point of order as it applies 

23 to some or all of the provisions on which the Presiding 

24 Officer ruled. 
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1 ‘‘(i) Notwithstanding any provision of the Congres2 sional Budget Act of 1974 (2 U.S.C. 621 et seq.), no point 

3 of order provided for under that Act shall lie against the 

4 striking of any matter, the modification of total amounts 

5 to reflect the deletion of matter struck, or the reduction 

6 of an allocation of discretionary budgetary resources allo7 cated under section 302(a)(2) of the Congressional Budget 

8 Act of 1974 (2 U.S.C. 633(a)(2)) to reflect the deletion 

9 of matter struck (or to the bill, amendment, or conference 

10 report as affected by such striking, modification, or reduc11 tion) pursuant to a point of order under this paragraph. 

12 ‘‘(j) For purposes of this paragraph: 

13 ‘‘(1)(A) The term ‘unauthorized appropriation’ 

14 means an appropriation— 

15 ‘‘(i) not specifically authorized by law or 

16 Treaty stipulation (unless the appropriation has 

17 been specifically authorized by an Act or resolu18 tion previously passed by the Senate during the 

19 same session or proposed in pursuance of an es20 timate submitted in accordance with law); or 

21 ‘‘(ii) the amount of which exceeds the 

22 amount specifically authorized by law or Treaty 

23 stipulation (or specifically authorized by an Act 

24 or resolution previously passed by the Senate 

25 during the same session or proposed in pursu-
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1 ance of an estimate submitted in accordance 

2 with law) to be appropriated. 

3 ‘‘(B) An appropriation is not specifically au4 thorized if it is restricted or directed to, or author5 ized to be obligated or expended for the benefit of, 

6 an identifiable person, program, project, entity, or 

7 jurisdiction by earmarking or other specification, 

8 whether by name or description, in a manner that— 

9 ‘‘(i) discriminates against other persons, 

10 programs, projects, entities, or jurisdictions 

11 similarly situated that would be eligible, but for 

12 the restriction, direction, or authorization, for 

13 the amount appropriated; or 

14 ‘‘(ii) is so restricted, directed, or author15 ized that it applies only to a single identifiable 

16 person, program, project, entity, or jurisdiction, 

17 unless the identifiable person, program, project, 

18 entity, or jurisdiction to which the restriction, 

19 direction, or authorization applies is described 

20 or otherwise clearly identified in a law or Trea21 ty stipulation (or an Act or resolution pre22 viously passed by the Senate during the same 

23 session or in the estimate submitted in accord24 ance with law) that specifically provides for the 

25 restriction, direction, or authorization of appro-
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1 priation for such person, program, project, enti2 ty, or jurisdiction. 

3 ‘‘(2) The term ‘new or general legislation’ has 

4 the meaning given that term when it is used in para5 graph 2 of this Rule. 

6 ‘‘(3) The terms ‘new matter’ and ‘nongermane 

7 matter’ have the same meaning as when those terms 

8 are used in Rule XXVIII.’’. 

9 SEC. 3. CONSIDERATION OF CONFERENCE REPORTS. 

10 Rule XXVIII of the Standing Rules of the Senate is 

11 amended by adding at the end the following: 

12 ‘‘7. (a) It shall not be in order to consider a con13 ference report which includes matter not committed to the 

14 conferees by either House. 

15 ‘‘(b) The presentation of reports of committees of 

16 conference under paragraph 1 shall be in order only after 

17 such reports are filed and made available 48 hours prior 

18 to presentation.’’. 

19 SEC. 4. PROHIBITION ON OBLIGATION OF FUNDS FOR AP20 PROPRIATIONS EARMARKS INCLUDED ONLY 

21 IN CONGRESSIONAL REPORTS. 

22 (a) IN GENERAL.—No Federal agency may obligate 

23 any funds made available in an appropriation Act to im24 plement an earmark that is included in a congressional 
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1 report accompanying the appropriation Act, unless the 

2 earmark is also included in the appropriation Act. 

3 (b) DEFINITIONS.—For purposes of this section: 

4 (1) The term ‘‘assistance’’ includes a grant, 

5 loan, loan guarantee, or contract. 

6 (2) The term ‘‘congressional report’’ means a 

7 report of the Committee on Appropriations of the 

8 House of Representatives or the Senate, or a joint 

9 explanatory statement of a committee of conference. 

10 (3) The term ‘‘earmark’’ means a provision that 

11 specifies the identity of an entity to receive assist12 ance and the amount of the assistance. 

13 (4) The term ‘‘entity’’ includes a State or local14 ity, but does not include any Federal agency. 

15 (c) EFFECTIVE DATE.—This section shall apply to 

16 appropriation Acts enacted after December 31, 2006. 

17 SEC. 5. DISCLOSURE. 

18 (a) UNAUTHORIZED APPROPRIATIONS.—Rule XVI of 

19 the Standing Rules of the Senate is amended by adding 

20 at the end the following: 

21 ‘‘9. No appropriation bill or amendment between the 

22 Houses which includes unauthorized appropriations (as 

23 identified by paragraph 1(j)) shall be considered unless 

24 such bill is accompanied by a report that provides a de25 tailed listing of— 
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1 ‘‘(1) all unauthorized appropriation in such bill; 

2 ‘‘(2) an identification of the member or mem3 bers who proposed the unauthorized appropriation; 

4 and 

5 ‘‘(3) an explanation of the essential govern6 mental purpose for the unauthorized appropria7 tion.’’. 

8 (b) EARMARK DISCLOSURE, SPONSOR, AND PUR9 POSE.—Paragraph 4 of Rule XVIII of the Standing Rules 

10 of the Senate is amended by— 

11 (1) inserting ‘‘(a)’’ after ‘‘4.’’; and 

12 (2) adding at the end the following: 

13 ‘‘(b) No conference report which includes unauthor14 ized appropriations (as defined by paragraph 1(j) of rule 

15 XVI) shall be considered unless such conference report is 

16 accompanied by a joint statement that provides a detailed 

17 listing of— 

18 ‘‘(1) all unauthorized appropriations in such 

19 conference report; 

20 ‘‘(2) an identification of the member or mem21 bers who proposed the unauthorized appropriation; 

22 and 

23 ‘‘(3) an explanation of the essential govern24 mental purpose for the unauthorized appropria25 tion.’’. 
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1 (c) LOBBYING ON BEHALF OF RECIPIENTS OF FED2 ERAL FUNDS.—The Lobbying Disclosure Act of 1995 is 

3 amended by adding after section 5 the following: 

4 ‘‘SEC. 5A. REPORTS BY RECIPIENTS OF FEDERAL FUNDS. 

5 ‘‘(a) IN GENERAL.—A recipient of Federal funds 

6 shall file a report as required by section 5(a) containing— 

7 ‘‘(1) the name of any lobbyist registered under 

8 this Act to whom the recipient paid money to lobby 

9 on behalf of the Federal funding received by the re10 cipient; and 

11 ‘‘(2) the amount of money paid as described in 

12 paragraph (1). 

13 ‘‘(b) DEFINITION.—In this section, the term ‘recipi14 ent of Federal funds’ means the recipient of Federal funds 

15 constituting an award, grant, or loan.’’. 

Æ