Comparison of Selected Senate Earmark Reform Proposals

CRS Report for Congress
Comparison of Selected Senate
Earmark Reform Proposals
March 6, 2006
Sandy Streeter
Analyst in American National Government
Government and Finance Division


Congressional Research Service ˜ The Library of Congress

Comparison of Selected Senate Earmark Reform
Proposals
Summary
In response to reports of, and concern over, alleged irregularities in certain
lobbying and representational activities, the Senate is considering various lobby and
ethics reform proposals. Some have argued that the Senate should consider changes
to the process by which the Senate earmarks spending priorities as a part of the larger
focus on lobby and ethics reform.
Proposals to modify the earmark processes have been included in some Senate
bills. On February 28, 2006, for example, the Senate Committee on Rules and
Administration ordered reported S. 2349, Legislative Transparency and
Accountability Act of 2006, which includes, in part, such proposed changes. In
addition, provisions in both S. 2261 and S. 2265, sponsored by Senator Barack
Obama and Senator John McCain, respectively, would also make changes in the
earmark process.
This report provides a comparison of these three measures: S. 2349, S. 2261,
and S. 2265 with the current Senate rules and practices.
This report will be updated to reflect any congressional action.



Contents
In troduction ......................................................1
List of Tables
Table 1. Comparison of Selected Senate Earmark Reform Proposals..........2



Comparison of Selected Senate Earmark
Reform Proposals
Introduction
In response to reports of, and concern over, alleged irregularities in certain
lobbying and representational activities, the Senate is considering various lobby and
ethics reform proposals. Some have argued that the Senate should consider changes
to the process by which the Senate earmarks spending priorities as a part of the larger
focus on lobby and ethics reform.
Proposals to modify the earmark processes have been included in some Senate
bills. On February 28, 2006, for example, the Senate Committee on Rules and
Administration ordered reported S. 2349, Legislative Transparency and
Accountability Act of 2006, which includes, in part, such proposed changes. In
addition, provisions in both S. 2261 and S. 2265, sponsored by Senator Barack
Obama and Senator John McCain, respectively, would also make changes in the
earmark process.
This report provides a comparison of these three measures: S. 2349, S. 2261,
and S. 2265 with the current Senate rules and practices.



CRS-2
Table 1. Comparison of Selected Senate Earmark Reform Proposals
xisting Senate Rule (and precedents) S. 2349S. 2261S. 2265
or Public Law
rmark Definition
urrently, there is no formal(1) A provision that specifies the identity(1) A provision that requires or permits(1) Generally, an appropriation that is
finition ofearmark,” nor is there an of a non-federal entity to receivethe obligation or expenditure of anyrestricted or directed to, or authorized to
ormal definition accepted by allassistance (budget authority, contractamount appropriated for the benefit of anbe obligated or expended for the benefit
actitioners and observers of the federalauthority, loan authority, otheridentifiable person, program, project,of, an identifiable person, program,
dget process. Broadly,earmark” mayexpenditures, tax expenditures, and otherentity, or jurisdiction by earmarking orproject, entity, or jurisdiction by
iki/CRS-RL33295er to provisions associated withrevenue items) and the amount of thatother specification, whether by name orearmarking or other specification,
g/wislation (appropriations or generalassistance. description, in a manner that:whether by name or description, in a
s.orislation) that specify certain(2) This definition would apply to any(a) discriminates against other persons,manner that:
leakngressional spending priorities or inbill, including appropriation,programs, projects, entities, or(a) discriminates against other persons,
enue bills that apply to a very limitedauthorization, and revenue bills. jurisdictions similarly situated that wouldprograms, projects, entities, or
://wikimber of individuals or entities. (Section 3 of S. 2349.)be eligible, but for the requirement orjurisdictions similarly situated that would
httparks may appear in either theslative text or report languagepermission, for the amount appropriated;orbe eligible, but for the restriction,direction, or authorization, for the
mittee reports accompanying(b) applies only to a single identifiableamount appropriated; or
orted bills and joint explanatoryperson, program, project, entity, or(b) is so restricted, directed, or authorized
ent accompanying a conferencejurisdiction, unless the identifiablethat it applies only to a single identifiable
).person, program, project, entity, orperson, program, project, entity, or
jurisdiction is described or otherwisejurisdiction, unless the identifiable
clearly identified in:person, program, project, entity, or
(i) a law, treaty stipulation, or an Act orjurisdiction to which the restriction,
resolution previously passed by thedirection, or authorization applies is
Senate during the same session; or described or otherwise clearly identified
(ii) the President’s budget request in:



CRS-3
xisting Senate Rule (and precedents) S. 2349S. 2261S. 2265
or Public Law
submitted in accordance with law. (i) a law, treaty stipulation, or an Act
(2) This definition would apply toaor resolution previously passed by
appropriations bills.the Senate during the same session; or
(Section 2 of S. 2261 would add a new(ii) the President’s budget request
paragraph to Rule XVI, Appropriationssubmitted in accordance with law.
and Amendments to GeneralThese documents must specifically
Appropriations Bills.)provide for the restriction, direction, or
authorization of appropriation for such
person, program, project, entity, or
iki/CRS-RL33295jurisdiction. (2) This definition would apply to
g/wgeneral appropriations bills.
s.or(Section 2 of S. 2265.)


leak
://wiki
http

CRS-4
xisting Senate Rule (and precedents) S. 2349S. 2261S. 2265
or Public Law
ibition Against Unauthorized
pria t io ns
n a point of order made by anyNo changes.No changes.(1) On a point of order made by any
ator, no amendment shall be receivedSenator, no unauthorized appropriation
y general appropriations bill themay be included in any general
ect of which will be to increase anappropriations bill (House-passed or
propriation in the bill, or add a newSenate bill), or any accompanying
propriation that is unauthorized. Suchamendment, conference report, or
iki/CRS-RL33295ing is unauthorized, unless it is: made to carry out the provisions of anamendment between the Houses. (Thiswould apply to the text of the House-
g/wisting law, treaty stipulation, or act orpassed bill and House amendments
s.orlution previously passed by thebetween the Houses.)
leaknate during the same session of (2) Unauthorized appropriation means an
ngress; appropriation not:
://wikicluded in President’s budget(a) specifically authorized by law, treaty
httpuests submitted in accordance withstipulation, or act or resolution
; or previously passed by the Senate during
oved by the Committee onthe same session of Congress; or
propriations or a committee with (b) included in the President’s budget
islative jurisdiction over the activityrequest submitted in accordance with
ed. law.
nding exceeding spending levelsThe term unauthorized appropriation
ided in the above documents are alsowould also include the amount of the
nsidered unauthorized appropriations. appropriation that exceeds the
der current Senate precedents, theauthorization (or budget request) level in
specifically authorized’ has nothe above documents.
ing distinct fromauthorized.’ An(3) The prohibition against unauthorized
propriation in an appropriation billappropriations would also apply to



CRS-5
xisting Senate Rule (and precedents) S. 2349S. 2261S. 2265
or Public Law
y have more specificity than iscertain earmarks. An appropriation is not
ovided in authorizing language. specifically authorized if it is restricted or
rically, legislation has authorizeddirected to, or authorized to be obligated
vernment functions and implicitlyor expended for the benefit of, an
owed for specific appropriationsidentifiable person, program, project,
in those functions.entity, or jurisdiction by earmarking or
Senate amendment between theother specification, whether by name or
uses on a general appropriations bill isdescription, in a manner that:
bject to the prohibition against(i) discriminates against other persons,
iki/CRS-RL33295uthorized appropriations on a generalpropriations bill.(Under paragraph 1 ofprograms, projects, entities, orjurisdictions similarly situated that would
g/wate Rule XVI.)be eligible, but for the restriction,
s.orstain an appeal of the Presidingdirection, or authorization, for the
leakficers ruling: majority vote. There isamount appropriated; or
://wikirrently no waiver mechanism in thenate standing rules.(ii) is so restricted, directed, or authorized that it applies only to a single
httpidentifiable 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
id entified :
(A) in a law, treaty stipulation, or an



CRS-6
xisting Senate Rule (and precedents) S. 2349S. 2261S. 2265
or Public Law
act or resolution previously passed by the
Senate during the same session or
(B) included in President’s budget
request submitted in accordance with
law.
These sources must specifically provide
for the restriction, direction, or
authorization of appropriation for such
person, program, project, entity, or
iki/CRS-RL33295jurisdiction.(3) If point of order sustained: language
g/wwould be stricken and a corresponding
s.orreduction in both the total amount of bill
leakand Senate Committee on
://wikiAppropriations 302(a) allocation ofdiscretionary budgetary resources would
httpbe made.b
(4) Motion to waive or sustain an appeal
of the Presiding Officer’s ruling:
affirmative vote of 3/5 of all Senators
required.
(5) The disposition of a point of order
made under any Standing Rule of the
Senate (including this one) that is not
sustained, or is waived, does not



CRS-7
xisting Senate Rule (and precedents) S. 2349S. 2261S. 2265
or Public Law
preclude, or affect, a point of order made
under this paragraph regarding the same
ma tter .
(6) Notwithstanding any other rule of the
Senate, a Senator may raise a single point
of order that several provisions of a
general appropriation bill or
accompanying conference report or
amendments between the houses violate
iki/CRS-RL33295this paragraph. The Presiding Officermay sustain the point of order against all
g/wor some of the provisions.
s.orFor special procedures regarding
leakenforcement of this prohibition on
://wikiconference reports, see ConferenceReports, Result of Sustaining Point of
httpOrder, below.
(Section 2 of S. 2265 replaces paragraph
1 of Rule XVI, Appropriations and
Amendments to General Appropriations
B ills.)



CRS-8
xisting Senate Rule (and precedents) S. 2349S. 2261S. 2265
or Public Law
ibition Against Legislation on a
neral Appropriations Bill
he Committee on AppropriationsIn addition to existing Senate rule, bill
all not report a general appropriationswould add the following:
ntaining amendments to such bill(1) On a point of order made by any
ing new or general legislation. ASenator, no general appropriation bill
nt of order may be made against the(including House-passed bill or original
d if sustained, the bill shall beSenate bill) or conference report on a
iki/CRS-RL33295mmitted to the appropriationsmittee. A point of order may also begeneral appropriation bill may includenew or general legislation.
g/wde against a committee amendment(2) If point of order sustained: language
s.ord, if sustained, only the amendmentwould be stricken and a corresponding
leakuld fall. (Under paragraph 2 of Senatereduction in both the total amount of bill
le XVI)and Senate Committee on Appropriations
://wikin a point of order made by any302(a) allocation of discretionary
httpator, no amendment offered by anybudgetary resources would be made.a
er Senator which proposes general(3) Motion to waive or sustain an appeal
islation shall be received to anyof the Presiding Officer’s ruling:
neral appropriation bill, nor shall anyaffirmative vote of 3/5 of all Senators
endment not germane or relevant torequired.
bject matter contained in the bill be(4) The disposition of a point of order
ed. (Paragraph 4 of Senate Rulemade under any Standing Rule of the
Senate (including this one) that is not
Senate amendment between thesustained, or is waived, does not
uses on a general appropriations bill ispreclude, or affect, a point of order made
bject to the prohibition againstunder this paragraph regarding the same
islation on a general appropriationsmatter.
Under Senate Rule XVI.)(5) Notwithstanding any other rule of the



CRS-9
xisting Senate Rule (and precedents) S. 2349S. 2261S. 2265
or Public Law
) If the legislation included in anSenate, a Senator may raise a single point
endment might be germane to aof order that several provisions of a
ovision(s) in the House-passed bill, a general appropriation bill or
ator may raise the germanenessaccompanying conference report or
ense. Then, the question ofamendments between the Houses violate
rmaneness of the amendment shall bethis paragraph. The Presiding Officer
bmitted to the Senate and decidedmay sustain the point of order against all
out debate. If the Senate agrees, byor some of the provisions.
jority vote, that the amendment isFor special procedures regarding
iki/CRS-RL33295rmane, the point of order againstislation on the amendment falls andenforcement of this prohibition onconference reports, see Conference
g/wendment may be considered. IfReports, Result of Sustaining Point of
s.orate disagrees, the amendment fallsOrder, below.
leakse the Senate does not consider it(Section 2 of S. 2265 replaces paragraph
://wikirmane. (Under paragraphs 2 and 4 ofate Rule XVI.) There is currently no1 of Rule XVI, Appropriations andAmendments to General Appropriations
httpiver mechanism in the Senate standingBills.)


les.

CRS-10
xisting Senate Rule (and precedents) S. 2349S. 2261S. 2265
or Public Law
aneness Requirement
der existing rules and precedents,(1) Prohibits consideration of an
rmaneness is a parliamentaryappropriation bill, unless all earmarks are
ohibition against adding a new subjectgermane to the bill.
ill, therefore germaneness only(2) Motion to waive: affirmative vote of
to amendments.2/3 of all Senators required.
) There is no existing rule requiring(Section 2 of S. 2261 adds a newa


arks offered as amendments to beparagraph to Rule XVI.)
iki/CRS-RL33295rmane to a bill. y, however, Rule XVI
g/w require all committee amendments,
s.or well as floor amendments, to a general
leakpropriations bill to be germane. On a
nt of order made under Rule XVI, the
://wikiestion of germaneness of an
httpendment shall be submitted to the
nate and decided without debate, by
jority vote.
nder cloture, depending on the
ocedural situation, certain committee
endments to appropriations bills may
ired to be germane. In such cases,
residing Officer rules on
rmaneness. On appeal of the Presiding
ficers ruling, a majority vote, a
orum being present, is required to
stain the ruling. (Paragraph 2 of Rule

CRS-11
xisting Senate Rule (and precedents) S. 2349S. 2261S. 2265
or Public Law
here is currently no waiver
anism in the Senate standing rules.


iki/CRS-RL33295
g/w
s.or
leak
://wiki
http

CRS-12
xisting Senate Rule (and precedents) S. 2349S. 2261S. 2265
or Public Law
Requirement
ere is no general layover requirement(1) Prohibits consideration of a(1) The motion to proceed to consider a
conference reports. conference report unless the report isconference report shall not be in order
he motion to proceed to consider amade available on the Internet for at leastuntil after such report is filed and made
ference report is in order when copies24 hours before its consideration. available 48 hours prior to consideration
the conference report are available to(Section 4 of S. 2349 adds a newof the motion. (Section 3 of S. 2265 adds
iki/CRS-RL33295 Senator. (Under paragraph 1 ofle XXVIII, Conference Committees;paragraph to Rule XXVIII.)(2) Prohibits consideration of any Senatea new paragraph to Rule XXVIII)


g/worts; Open Meetings.)bill, Senate amendment, or conference
s.orreport on such bill (including
leakappropriations, revenue, and
authorization bills), unless a list of all
://wikiearmarks in such measure, identification
httpof the Senator(s) proposing each
earmark, and an explanation of the
essential government purpose for the
earmark are available on the Internet for
at least 24 hours before consideration.
(Section 3 of S. 2349 would add a new
rule, Rule XLIV.)

CRS-13
xisting Senate Rule (and precedents) S. 2349S. 2261S. 2265
or Public Law
w Matter and Non-Germane Matter
) Conferees shall not insert in their(1) A point of order may be made by any(1) It shall not be in order to consider a
ort matter not committed to them bySenator against consideration of aconference report which includes matter
er House. (Paragraph 2 of Ruleconference report that includes anynot committed to the conferees by either
matter not committed to the conferees byhouse. (Section 3 of S. 2265 adds a new
any case in which a disagreementeither house. (Section 2 of S. 2349. Thisparagraph to Rule XXVIII)
amendment in the nature of ais a freestanding provision and does not(2) Adds provision regarding conference
bstitute has been referred to conferees,explicitly or directly amend any Senatereports on a general appropriation bill.
iki/CRS-RL33295all be in order for the conferees toort a substitute on the same subjectrule.) On a point of order by any Senator, nonew matter or non-germane matter may
g/wtter; but they may not include in thebe included in a conference report on a
s.orort matter not committed to them bygeneral appropriation bill. The result of
leaker House. They may, however,sustaining this point of order is different
de in their report matter which is afrom the result provided under Rule
://wikirmane modification of subjects inXXVIII, see comparison in next row.
httpagreement. (Paragraph 3 of Rule(Section 2 of S. 2265 replaces paragraph
1 of Rule XVI)



CRS-14
xisting Senate Rule (and precedents) S. 2349S. 2261S. 2265
or Public Law
ult of Sustaining a Point of Order
nst New Matter
) If new matter is inserted in aSimilar in effect to the application of theSimilar in effect to the application of the
ference report, a point of order mayByrd Rule to conference reports onByrd Rule to conference reports on
made against the report, and if thereconciliation bills.reconciliation bills.
nt of order is sustained, the report is(1) If a point of order against the(1) If a point of order is sustained against
ected or shall be recommitted to theconference report is sustained, then:unauthorized appropriation, legislation,
mittee of conference if the House of(a) the new matter shall be deemed tonew matter, or non-germane provision in
iki/CRS-RL33295presentatives has not already acted. (Paragraph 2 of Rule XXVIII.)have been stricken; (b) when all other points of order undera conference report, then:(a) the language shall be deemed to have
g/wthis provision have been disposed of:been stricken; and
s.or(i) the Senate shall proceed to the(b) a corresponding reduction in total
leakquestion as to whether the Senate shallamount of the bill and Senate
recede from its position and concur withappropriations committee’s 302(a)
://wikia further amendment consisting only ofallocation of discretionary budgetary
httpthe portion of the conference report notresources shall be deemed made;
stricken;(c) when all other points of order under
(ii) the question shall be debatable;this paragraph have been disposed of:
(iii) no further amendment shall be in(i) the Senate shall proceed to the
order; andquestion as to whether the Senate shall
(iv) if the Senate agrees to therecede from its position and concur with
amendment, the bill and amendment shalla further amendment consisting only of
be returned to the House.the portion of the conference report not
(2) Motion to waive or suspend the rule,stricken;
or sustain an appeal of the Presiding(ii) the question shall be debatable;
Officer’s ruling: affirmative vote of 3/5(iii) no further amendment shall be in



CRS-15
xisting Senate Rule (and precedents) S. 2349S. 2261S. 2265
or Public Law
of all Senators required. (Section 2 of S.order; and
2349. This is a freestanding provision(iv) if the Senate agrees to the
and does not explicitly or directly amendamendment, the bill and amendment shall
any Senate rule.)be returned to the House.
(2) Motion to waive or sustain an appeal
of the Presiding Officer’s ruling:
affirmative vote of 3/5 of all Senators
requir ed.
(3) The disposition of a point of order
iki/CRS-RL33295made under any Standing Rule of theSenate (including this one) that is not
g/wsustained, or is waived, does not
s.orpreclude, or affect, a point of order made
leakunder this paragraph regarding the same
://wikimatter. (4) Notwithstanding any other rule of the
httpSenate, a Senator may raise a single point
of order that several provisions of a
general appropriation bill or
accompanying conference report or
amendments between the Houses violate
this paragraph. The Presiding Officer
may sustain the point of order against all
or some of the provisions.



CRS-16
xisting Senate Rule (and precedents) S. 2349S. 2261S. 2265
or Public Law
rmarks must be in bill (or Act)
arks may appear in either theNo changes.Establishes new rule language and a Prohibits federal agencies from
slative text or report languagesupermajority-vote requirement to waive.obligating funds for appropriation
mittee reports accompanying(1) Prohibits consideration of anearmarks included only in congressional
orted bills and joint explanatoryappropriation bill, unless all earmarks arereports.
ent accompanying a conferencecontained in the text of the bill and not(1) Prohibits any federal agency from
).incorporated by reference or directed inobligating any funds made available in an
the committee report. appropriation act to implement an
iki/CRS-RL33295(2) Motion to waive: affirmative vote of2/3 of all Senators required.earmark included in reports filed by theHouse and Senate Committees on
g/w(Section 2 of S. 2261 adds a newAppropriations or joint explanatory
s.orparagraph to Rule XVI.)astatement, unless the earmark is also
leakincluded in the appropriation act.
(2) For purposes of this provision,
://wikiearmark is defined as a provision that
httpspecifies the identity of an entity (which
includes a state or locality, but not any
federal agency) to receive a grant, loan,
loan guarantee, or contract and the
amount involved.
(3) This provision applies to
appropriation acts enacted after
December 31, 2006.
(Section 4 of S. 2265, note different
earmark definition under this section than
under section 2, see top cell.)



CRS-17
xisting Senate Rule (and precedents) S. 2349S. 2261S. 2265
or Public Law
lo sur e
yover Requirement.Layover Requirement.Layover Requirement.No requirement.


) Bill (1) Prohibits consideration of any Senate(1) Prohibits consideration of an
Any non-privileged committee-bill, Senate amendment, or conferenceappropriation bill, unless a list of all
orted bill or House-passed bill shall liereport on such bill (includingearmarks in such bill, the name of the
er for one legislative day, unless theappropriations, revenue, andrequestor, and a short justification for
ate agrees to consider the measureauthorization bills), unless a list of alleach earmark are available on the
rlier by unanimous consent or a motionearmarks in such measure, identificationInternet for at least 72 hours before
iki/CRS-RL33295spend the rules, requiring 2/3 vote aorum being present (Paragraph 4 ofof the Senator(s) proposing eachearmark, and an explanation of theconsideration. (2) Motion to waive: affirmative vote of
g/wle XVII).essential government purpose for the2/3 of all Senators required.
s.or) In addition, most committee-reportedearmark are available on the Internet for(Section 2 of S. 2261 adds a new
leakat are accompanied by a writtenat least 24 hours before consideration. paragraph to Rule XVI.)a
ort, can not be considered until the(Section 3 of S. 2349 would add a new
://wikias been available for at least 2rule, Rule XLIV.)
httpdar days, unless the Majority and
ority Leaders jointly agree to waive
ule. (Paragraph 5 of Rule XVII.)
ere is no rule in the Senate that
uires each reported bill to be
mpanied by a written report.
mendment between the Houses: No
over requirement.
onference Report: (see Conference
port, Layover Requirement, above)

CRS-18
xisting Senate Rule (and precedents) S. 2349S. 2261S. 2265
or Public Law
) There is no rule in the Senate that(1) Prohibits consideration of a general
uires each committee-reported bill toappropriations bill or accompanying
accompanied by a written report. Theamendments between the houses that
ate Committee on Appropriations,includes unauthorized appropriations,
wever, typically files such a report onunless such bill is accompanied by a
neral appropriation bills, exceptreport that provides a detailed listing of:
ntinuing resolutions. If the(a) all unauthorized appropriations in
propriations committee files such asuch bill;
ort, the committee is required to(b) an identification of the Member(s)
iki/CRS-RL33295tify each recommended committeeendment that proposes an item ofwho proposed the unauthorizedappropriation; and
g/wation, which does not carry out(c) an explanation of the essential
s.orrovisions of existing law, a treatygovernmental purpose for the
leakulation, or an act or resolutionunauthorized appropriation.
://wikieviously passed by the Senate in theme session of Congress. (This does notThis would include earmarks as definedunder Prohibition Against Unauthorized
httpply to a bill.) (Paragraph 7 of RuleAppropriations, above.
(Section 5(a) of S. 2265 adds a new
paragraph to Rule XVI.)



CRS-19
xisting Senate Rule (and precedents) S. 2349S. 2261S. 2265
or Public Law
(2) Prohibits consideration of a
conference report that includes
unauthorized appropriations, unless the
report is accompanied by a joint
explanatory statement that provides a
detailed listing of:
(a) all unauthorized appropriations in
such bill;
(b) an identification of the member(s)
iki/CRS-RL33295who proposed the unauthorizedappropriation; and
g/w(c) an explanation of the essential
s.orgovernmental purpose for the
leakunauthorized appropriation.
://wikiThis would include earmarks as definedunder the Prohibition Against
httpUnauthorized Appropriations, above.
(Section 5(b) adds is a new subparagraph
to paragraph 4 of Rule XXVIII.)



CRS-20
xisting Senate Rule (and precedents) S. 2349S. 2261S. 2265
or Public Law
nterest
ator, officer, or employee shallNo changes.(1) No Senator may advocate to includeNo changes.


owingly use his official position toan earmark in any bill or joint resolution,
roduce or aid the progress or passageaccompanying committee report,
legislation, a principal purpose ofconference report, or joint explanatory
ich is to further only his pecuniarystatement if the Member has a financial
est, only the pecuniary interest of hisinterest in such earmark. (Section 3 of S.
mediate family, or only the pecuniary2261 would add a new paragraph to
iki/CRS-RL33295erest of a limited class of persons orterprises, when he, or his immediateSenate Rule XXXVII.)(2) No Senator shall condition inclusion
g/wily, or enterprises controlled by them,of an earmark in any bill or joint
s.orembers of the affected class. resolution, accompanying committee
leakaragraph 4 of Senate Rule XXXVII,report, conference report, or joint
nflict of Interest.)explanatory statement on any vote cast
://wikiby a Senator in whose state the project
httpwill be carried out. (Section 4 of S. 2261
would add a new paragraph to Senate
Rule XXXVII.)

CRS-21
xisting Senate Rule (and precedents) S. 2349S. 2261S. 2265
or Public Law
of Federal Funds Reporting
ent
general, each person who requestsNo changes.Requires a recipient of federal fundsRequires a recipient of federal funds
d/or receives a federal contract, grant,constituting an award, grant, or loan toconstituting an award, grant, or loan to
, loan guarantee, or cooperativefile semiannual reports with the Secretaryfile semiannual reports with the Secretary
reement from an agency shall file withof the Senate and Clerk of the House ofof the Senate and Clerk of the House of
ency the name of any registeredRepresentatives containing the name ofRepresentatives containing the name of
ist who has lobbied on behalf of theany lobbyist registered under theany lobbyist registered under the
iki/CRS-RL33295rson for those items. If materialanges have occurred, the person is alsoLobbying Disclosure Act of 1995 towhom the recipient paid money to lobbyLobbying Disclosure Act of 1995 towhom the recipient paid money to lobby
g/wuired to update the filing at the end ofon behalf of federal funding received andon behalf of federal funding received and
s.or calendar quarter. (31 USCthe amount of the money paid.the amount of the money paid.
leak(Section 5 of S. 2261 adds the above to(Section 5(c) of S. 2265 adds the above
section 5 of Lobbying Disclosure Act ofto section 5 of Lobbying Disclosure Act
://wiki1995, 2 USC 1604.) of 1995, 2 USC 1604.)
http
S: U.S. Congress, Senate, Senate Manual, S.Doc. 107-1, 107th Cong., 1st sess. (Washington: GPO, 2001), available at [http://www.gpoaccess.gov/smanual/index.html], visitedththth
24, 2006; S. 2349, as reported by the Senate Committee on Rules and Administration (109 Cong.); S. 2261, as introduced (109 Cong.); and S. 2265, as introduced (109 Cong.).
his provision would amend Senate Rule XVI. The existing requirements under Rule XVI apply only to general appropriations bills, not all appropriations bills. In the Senate,
general appropriations bills are appropriations bills providing funds for more than a single purpose or agency, such as the annual regular appropriations bills, most supplemental
measures, and continuing resolutions. There are also special appropriations bills that provide funds for a single purpose or agency.
addition, S. 2265 would prohibit any points of order under the Congressional Budget Act of 1974 (2 U.S.C. 621 et seq.) against the striking of matter, the modification of total
amounts of the bill, or reduction of the Senate Appropriations Committee’s 302(a) allocation in discretionary budgetary resources provided under section 2 of S. 2265