II 

109TH CONGRESS 

2D SESSION S. 2261 

To provide transparency and integrity in the earmark process. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 8, 2006 

Mr. OBAMA introduced the following bill; which was read twice and referred 

to the Committee on Rules and Administration 

A BILL 

To provide transparency and integrity in the earmark 

process. 

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 ‘‘Transparency and In5 tegrity in Earmarks Act of 2006’’. 

6 SEC. 2. EARMARKS. 

7 Rule XVI of the Standing Rules of the Senate is 

8 amended by adding at the end the following: 

9 ‘‘8.(a) In this paragraph, the term ‘earmark’ means 

10 a provision that requires or permits the obligation or ex11 penditure of any amount appropriated for the benefit of 
2 

•S 2261 IS

1 an identifiable person, program, project, entity, or juris2 diction by earmarking or other specification, whether by 

3 name or description, in a manner that— 

4 ‘‘(1) discriminates against other persons, pro5 grams, projects, entities, or jurisdictions similarly 

6 situated that would be eligible, but for the require7 ment or permission, for the amount appropriated; or 

8 ‘‘(2) applies only to a single identifiable person, 

9 program, project, entity, or jurisdiction, unless the 

10 identifiable person, program, project, entity, or juris11 diction is described or otherwise clearly identified in 

12 a law or Treaty stipulation (or an Act or resolution 

13 previously passed by the Senate during the same 

14 session or in the estimate submitted in accordance 

15 with law). 

16 ‘‘(b) No appropriation bill shall be considered un17 less— 

18 ‘‘(1) a list of all earmarks in such bill and the 

19 name of the requestor and a short justification for 

20 each earmark are available to all Members and made 

21 available to the general public by means of the Inter22 net for at least 72 hours before its consideration; 

23 ‘‘(2) all earmarks are contained in the text of 

24 the bill and not incorporated by reference or directed 

25 in the committee report; and 
3 

•S 2261 IS

1 ‘‘(3) all earmarks are germane to the bill. 

‘‘(c) This paragraph may only be waived by 2 2 ⁄3 of 

3 Members, duly chosen and sworn.’’. 

4 SEC. 3. PROHIBITION ON ADVOCATING FOR EARMARK IN 

5 WHICH THERE EXISTS A FINANCIAL INTER6 EST. 

7 Rule XXXVII of the Standing Rules of the Senate 

8 is amended by adding at the end the following: 

9 ‘‘12. No Member of the Senate may advocate to in10 clude an earmark in any bill or joint resolution (or an ac11 companying report) or in any conference report on a bill 

12 or joint resolution (including an accompanying joint state13 ment of managers thereto) if the Member has a financial 

14 interest in such earmark.’’. 

15 SEC. 4. PROHIBITION ON BUYING VOTES. 

16 Rule XXXVII of the Standing Rules of the Senate 

17 is amended by adding at the end the following: 

18 ‘‘13. No Member of the Senate shall condition the 

19 inclusion of language to provide funding for an earmark 

20 in any bill or joint resolution (or an accompanying report 

21 thereof) or in any conference report on a bill or joint reso22 lution (including an accompanying joint statement of man23 agers thereto) on any vote cast by the Member of the Sen24 ate in whose State the project will be carried out.’’. 
4 

•S 2261 IS

1 SEC. 5. LOBBYING ON BEHALF OF RECIPIENTS OF FED2 ERAL FUNDS. 

3 The Lobbying Disclosure Act of 1995 is amended by 

4 adding after section 5 the following: 

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

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

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

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

9 this Act to whom the recipient paid money to lobby 

10 on behalf of the Federal funding received by the re11 cipient; and 

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

13 paragraph (1). 

14 ‘‘(b) DEFINITION.—In this section, the term ‘recipi15 ent of Federal funds’ means the recipient of Federal funds 

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

Æ