Subtitle B: Earmark Reform - (Sec. 521) Adds Rule XLIV (Congressionally Directed Spending and Related Items) to the Standing Rules of the Senate.
Makes it out of order to vote on a motion to proceed to consider a bill or joint resolution reported or not reported by any committee unless the chairman of the committee of jurisdiction or the Majority Leader or his designee certifies that: (1) each congressionally directed spending item, limited tax benefit, and limited tariff benefit, if any, in such legislation or if applicable, in its committee report, has been identified through lists, charts, or other similar means including the name of each requesting Senator; and (2) that such information has been available on a publicly accessible congressional website in a searchable format at least 48 hours before such vote.
Declares the motion to proceed suspended if the point of order is sustained until the sponsor of the motion or his or her designee has requested resumption and compliance with such requirements have been achieved.
Makes it out of order to vote on the adoption of a conference report unless the chairman of the committee of jurisdiction or the Majority Leader or his designee certifies: (1) that each congressionally directed spending item, limited tax benefit, and limited tariff benefit, if any, in the conference report, or in the joint explanatory statement, has been identified through lists, charts, or other means, including the name of each requesting Senator; and (2) that such information has been available on a publicly accessible congressional website at least 48 hours before such vote.
Requires the conference report to be set aside if such point of order is sustained.
Provides that, if during consideration of a bill or joint resolution a Senator proposes an amendment containing a congressionally directed spending item, limited tax benefit, or limited tariff benefit which was not included in such measure as placed on the calendar or as reported in its committee report (or a committee report of the Senate on a companion measure), then, as soon as practicable, the Senator shall ensure that a list of such items (and the name of any requesting Senator) is printed in the Congressional Record.
Requires a committee, if it reports a bill or joint resolution that includes congressionally directed spending items, limited tax benefits, or limited tariff benefits in such legislation or in its committee report to identify, as soon as practicable, on a publicly accessible congressional website each such item through lists, charts, or other similar means, including the name of each requesting Senator. Declares that availability on the Internet of a committee report containing such information shall satisfy such requirements.
Requires such information, made available on publicly accessible congressional websites, to be provided in a searchable format to the extent technically feasible.
Requires a Senator who requests a congressionally directed spending item, a limited tax benefit, or a limited tariff benefit in any bill or joint resolution (or an accompanying report) or in any conference report (or joint explanatory statement) to provide a written statement to the chairman and ranking member of the committee of jurisdiction, including: (1) the Senator's name; (2) in the case of a congressionally directed spending item, the name and location 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 Senator; (4) the purpose of such congressionally directed spending item or limited tax or tariff benefit; and (5) a certification that neither the Senator nor the Senator's immediate family has a pecuniary interest in the item.
Provides that, 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 explanatory statement) considered by the Senate, each committee of jurisdiction shall make such certifications available for public inspection on the Internet as soon as practicable.
Requires the committee of jurisdiction for a bill, joint resolution, or conference report that contains congressionally directed spending items in any classified portion of a report accompanying the measure, to the greatest extent practicable, consistent with the need to protect national security, to include on the required list a general program description in unclassified language, funding level, and the name of the sponsor.
Allows: (1) a Senator to raise a point of order against one or more provisions of a conference report if they constitute new directed spending provisions; and (2) the Presiding Officer to sustain the point of order as to some or all of the provisions against which the Senator raised it.
Requires: (1) an affirmative vote of three-fifths (60) of the Members of the Senate to waive any or all of such points of order; and (2) the same three-fifths affirmative vote to sustain an appeal of the ruling of the Chair. Requires all motions to waive such points of order and to sustain such appeal to be debatable collectively and limited to one hour equally divided between the Majority and Minority Leaders or their designees. Makes a motion to waive all points of order unamendable.
Prohibits a Member, officer, or employee of the Senate from knowingly using his or her official position to introduce, request, or otherwise aid the progress or passage of congressionally directed spending items, limited tax benefits, or limited tariff benefits to further only such individual's pecuniary interest, only the pecuniary interest of their immediate family, or only the pecuniary interest of a limited class of persons or enterprises, when the individual or their immediate family, or enterprises controlled by them, are members of the affected class.
Requires: (1) an affirmative vote of three-fifths (60) of the Members of the Senate to waive application of certain points of order under this Rule with respect to a measure; and (2) the same three-fifths affirmative vote to sustain an appeal (limited to one only) of the ruling of the Chair. Requires all motions to waive such points of order and to sustain such appeal to be debatable collectively and limited to one hour equally divided between the Majority and Minority Leaders or their designees.
Requires: (1) an affirmative vote of three-fifths (60) of the Members of the Senate to move to waive all points of order under this Rule with respect to the pending measure or motion; (2) the motions to waive all points of order to be debatable collectively and limited to one hour equally divided between the Majority and Minority Leaders or their designees; and (3) such motions to be unamendable.
Allows certain points of order under this Rule to be waived by joint agreement of the Majority and Minority Leaders of the Senate upon their certification that such waiver is necessary because of a significant disruption to Senate facilities or to the availability of the Internet. |
