Comparison of Selected Senate Earmark Reform Proposals

Comparison of Selected Senate Earmark Reform Proposals

Order Code RL33295
CRS Report for Congress
Received through the CRS Web
Comparison of Selected Senate
Earmark Reform Proposals
March 6, 2006
name redacted
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
Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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
Existing Senate Rule (and precedents)
S. 2349
S. 2261
S. 2265
or Public Law
Earmark Definition
(1) Currently, there is no formal
(1) A provision that specifies the identity
(1) A provision that requires or permits
(1) Generally, an appropriation that is
definition of “earmark,” nor is there an
of a non-federal entity to receive
the obligation or expenditure of any
restricted or directed to, or authorized to
informal definition accepted by all
assistance (budget authority, contract
amount appropriated for the benefit of an
be obligated or expended for the benefit
practitioners and observers of the federal
authority, loan authority, other
identifiable person, program, project,
of, an identifiable person, program,
budget process. Broadly, “earmark” may
expenditures, tax expenditures, and other
entity, or jurisdiction by earmarking or
project, entity, or jurisdiction by
refer to provisions associated with
revenue items) and the amount of that
other specification, whether by name or
earmarking or other specification,
legislation (appropriations or general
assistance.
description, in a manner that:
whether by name or description, in a
legislation) that specify certain
(2) This definition would apply to any
(a) discriminates against other persons,
manner that:
congressional spending priorities or in
bill, including appropriation,
programs, projects, entities, or
(a) discriminates against other persons,
revenue bills that apply to a very limited
authorization, and revenue bills.
jurisdictions similarly situated that would
programs, projects, entities, or
number of individuals or entities.
(Section 3 of S. 2349.)
be eligible, but for the requirement or
jurisdictions similarly situated that would
Earmarks may appear in either the
permission, for the amount appropriated;
be eligible, but for the restriction,
legislative text or report language
or
direction, or authorization, for the
(committee reports accompanying
(b) applies only to a single identifiable
amount appropriated; or
reported bills and joint explanatory
person, program, project, entity, or
(b) is so restricted, directed, or authorized
statement accompanying a conference
jurisdiction, unless the identifiable
that it applies only to a single identifiable
report).
person, program, project, entity, or
person, program, project, entity, or
jurisdiction is described or otherwise
jurisdiction, unless the identifiable
clearly identified in:
person, program, project, entity, or
(i) a law, treaty stipulation, or an Act or
jurisdiction to which the restriction,
resolution previously passed by the
direction, or authorization applies is
Senate during the same session; or
described or otherwise clearly identified
(ii) the President’s budget request
in:

CRS-3
Existing Senate Rule (and precedents)
S. 2349
S. 2261
S. 2265
or Public Law
submitted in accordance with law.
(i) a law, treaty stipulation, or an Act
(2) This definition would apply to
or resolution previously passed by
appropriations bills.a
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, Appropriations
submitted in accordance with law.
and Amendments to General
These documents must specifically
Appropriations Bills.)
provide for the restriction, direction, or
authorization of appropriation for such
person, program, project, entity, or
jurisdiction.
(2) This definition would apply to
general appropriations bills.
(Section 2 of S. 2265.)

CRS-4
Existing Senate Rule (and precedents)
S. 2349
S. 2261
S. 2265
or Public Law
Prohibition Against Unauthorized
Appropriations
(1) On a point of order made by any
No changes.
No changes.
(1) On a point of order made by any
Senator, no amendment shall be received
Senator, no unauthorized appropriation
to any general appropriations bill the
may be included in any general
effect of which will be to increase an
appropriations bill (House-passed or
appropriation in the bill, or add a new
Senate bill), or any accompanying
appropriation that is unauthorized. Such
amendment, conference report, or
funding is unauthorized, unless it is:
amendment between the Houses. (This
(a) made to carry out the provisions of an
would apply to the text of the House-
existing law, treaty stipulation, or act or
passed bill and House amendments
resolution previously passed by the
between the Houses.)
Senate during the same session of
(2) Unauthorized appropriation means an
Congress;
appropriation not:
(b) included in President’s budget
(a) specifically authorized by law, treaty
requests submitted in accordance with
stipulation, or act or resolution
law; or
previously passed by the Senate during
(c) moved by the Committee on
the same session of Congress; or
Appropriations or a committee with
(b) included in the President’s budget
legislative jurisdiction over the activity
request submitted in accordance with
funded.
law.
Funding exceeding spending levels
The term unauthorized appropriation
provided in the above documents are also
would also include the amount of the
considered unauthorized appropriations.
appropriation that exceeds the
Under current Senate precedents, the
authorization (or budget request) level in
term ‘specifically authorized’ has no
the above documents.
meaning distinct from ‘authorized.’ An
(3) The prohibition against unauthorized
appropriation in an appropriation bill
appropriations would also apply to

CRS-5
Existing Senate Rule (and precedents)
S. 2349
S. 2261
S. 2265
or Public Law
may have more specificity than is
certain earmarks. An appropriation is not
provided in authorizing language.
specifically authorized if it is restricted or
Historically, legislation has authorized
directed to, or authorized to be obligated
government functions and implicitly
or expended for the benefit of, an
allowed for specific appropriations
identifiable person, program, project,
within those functions.
entity, or jurisdiction by earmarking or
(2) A Senate amendment between the
other specification, whether by name or
Houses on a general appropriations bill is
description, in a manner that:
subject to the prohibition against
(i) discriminates against other persons,
unauthorized appropriations on a general
programs, projects, entities, or
appropriations bill.(Under paragraph 1 of
jurisdictions similarly situated that would
Senate Rule XVI.)
be eligible, but for the restriction,
(3) Sustain an appeal of the Presiding
direction, or authorization, for the
Officer’s ruling: majority vote. There is
amount appropriated; or
currently no waiver mechanism in the
(ii) is so restricted, directed, or
Senate standing rules.
authorized that it applies only to a single
identifiable 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
identified:
(A) in a law, treaty stipulation, or an

CRS-6
Existing Senate Rule (and precedents)
S. 2349
S. 2261
S. 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
jurisdiction.
(3) If point of order sustained: language
would be stricken and a corresponding
reduction in both the total amount of bill
and Senate Committee on
Appropriation’s 302(a) allocation of
discretionary budgetary resources would
be 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
Existing Senate Rule (and precedents)
S. 2349
S. 2261
S. 2265
or Public Law
preclude, or affect, a point of order made
under this paragraph regarding the same
matter.
(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
this paragraph. The Presiding Officer
may sustain the point of order against all
or some of the provisions.
For special procedures regarding
enforcement of this prohibition on
conference reports, see Conference
Reports, Result of Sustaining Point of
Order, below.
(Section 2 of S. 2265 replaces paragraph
1 of Rule XVI, Appropriations and
Amendments to General Appropriations
Bills.)

CRS-8
Existing Senate Rule (and precedents)
S. 2349
S. 2261
S. 2265
or Public Law
Prohibition Against Legislation on a
General Appropriations Bill
(1) The Committee on Appropriations
In addition to existing Senate rule, bill
shall not report a general appropriations
would add the following:
bill containing amendments to such bill
(1) On a point of order made by any
proposing new or general legislation. A
Senator, no general appropriation bill
point of order may be made against the
(including House-passed bill or original
bill, and if sustained, the bill shall be
Senate bill) or conference report on a
recommitted to the appropriations
general appropriation bill may include
committee. A point of order may also be
new or general legislation.
made against a committee amendment
(2) If point of order sustained: language
and, if sustained, only the amendment
would be stricken and a corresponding
would fall. (Under paragraph 2 of Senate
reduction in both the total amount of bill
Rule XVI)
and Senate Committee on Appropriations
(2) On a point of order made by any
302(a) allocation of discretionary
Senator, no amendment offered by any
budgetary resources would be made.a
other Senator which proposes general
(3) Motion to waive or sustain an appeal
legislation shall be received to any
of the Presiding Officer’s ruling:
general appropriation bill, nor shall any
affirmative vote of 3/5 of all Senators
amendment not germane or relevant to
required.
the subject matter contained in the bill be
(4) The disposition of a point of order
received. (Paragraph 4 of Senate Rule
made under any Standing Rule of the
XVI.)
Senate (including this one) that is not
(3) A Senate amendment between the
sustained, or is waived, does not
Houses on a general appropriations bill is
preclude, or affect, a point of order made
subject to the prohibition against
under this paragraph regarding the same
legislation on a general appropriations
matter.
bill. (Under Senate Rule XVI.)
(5) Notwithstanding any other rule of the

CRS-9
Existing Senate Rule (and precedents)
S. 2349
S. 2261
S. 2265
or Public Law
(4) If the legislation included in an
Senate, a Senator may raise a single point
amendment might be germane to a
of order that several provisions of a
provision(s) in the House-passed bill, a
general appropriation bill or
Senator may raise the germaneness
accompanying conference report or
defense. Then, the question of
amendments between the Houses violate
germaneness of the amendment shall be
this paragraph. The Presiding Officer
submitted to the Senate and decided
may sustain the point of order against all
without debate. If the Senate agrees, by
or some of the provisions.
majority vote, that the amendment is
For special procedures regarding
germane, the point of order against
enforcement of this prohibition on
legislation on the amendment falls and
conference reports, see Conference
the amendment may be considered. If
Reports, Result of Sustaining Point of
the Senate disagrees, the amendment falls
Order, below.
because the Senate does not consider it
(Section 2 of S. 2265 replaces paragraph
germane. (Under paragraphs 2 and 4 of
1 of Rule XVI, Appropriations and
Senate Rule XVI.) There is currently no
Amendments to General Appropriations
waiver mechanism in the Senate standing
Bills.)
rules.

CRS-10
Existing Senate Rule (and precedents)
S. 2349
S. 2261
S. 2265
or Public Law
Germaneness Requirement
(1) Under existing rules and precedents,
(1) Prohibits consideration of an
germaneness is a parliamentary
appropriation bill, unless all earmarks are
prohibition against adding a new subject
germane to the bill.
to a bill, therefore germaneness only
(2) Motion to waive: affirmative vote of
applies to amendments.
2/3 of all Senators required.
(2) There is no existing rule requiring
(Section 2 of S. 2261 adds a new
earmarks offered as amendments to be
paragraph to Rule XVI.)a
germane to a bill.
(3) More broadly, however, Rule XVI
does require all committee amendments,
as well as floor amendments, to a general
appropriations bill to be germane. On a
point of order made under Rule XVI, the
question of germaneness of an
amendment shall be submitted to the
Senate and decided without debate, by
majority vote.
(4) Under cloture, depending on the
procedural situation, certain committee
amendments to appropriations bills may
be required to be germane. In such cases,
the Presiding Officer rules on
germaneness. On appeal of the Presiding
Officer’s ruling, a majority vote, a
quorum being present, is required to
sustain the ruling. (Paragraph 2 of Rule
XXII.)

CRS-11
Existing Senate Rule (and precedents)
S. 2349
S. 2261
S. 2265
or Public Law
(5) There is currently no waiver
mechanism in the Senate standing rules.

CRS-12
Existing Senate Rule (and precedents)
S. 2349
S. 2261
S. 2265
or Public Law
Conference Reports
Layover Requirement
There is no general layover requirement
(1) Prohibits consideration of a
(1) The motion to proceed to consider a
on conference reports.
conference report unless the report is
conference report shall not be in order
(1) The motion to proceed to consider a
made available on the Internet for at least
until after such report is filed and made
conference report is in order when copies
24 hours before its consideration.
available 48 hours prior to consideration
of the conference report are available to
(Section 4 of S. 2349 adds a new
of the motion. (Section 3 of S. 2265 adds
each Senator. (Under paragraph 1 of
paragraph to Rule XXVIII.)
a new paragraph to Rule XXVIII)
Rule XXVIII, Conference Committees;
(2) Prohibits consideration of any Senate
Reports; Open Meetings.)
bill, Senate amendment, or conference
report on such bill (including
appropriations, revenue, and
authorization bills), unless a list of all
earmarks in such measure, identification
of 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
Existing Senate Rule (and precedents)
S. 2349
S. 2261
S. 2265
or Public Law
New Matter and Non-Germane Matter
(1) 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
report matter not committed to them by
Senator against consideration of a
conference report which includes matter
either House. (Paragraph 2 of Rule
conference report that includes any
not committed to the conferees by either
XXVIII)
matter not committed to the conferees by
house. (Section 3 of S. 2265 adds a new
(2) In any case in which a disagreement
either house. (Section 2 of S. 2349. This
paragraph to Rule XXVIII)
to an amendment in the nature of a
is a freestanding provision and does not
(2) Adds provision regarding conference
substitute has been referred to conferees,
explicitly or directly amend any Senate
reports on a general appropriation bill.
it shall be in order for the conferees to
rule.)
On a point of order by any Senator, no
report a substitute on the same subject
new matter or non-germane matter may
matter; but they may not include in the
be included in a conference report on a
report matter not committed to them by
general appropriation bill. The result of
either House. They may, however,
sustaining this point of order is different
include in their report matter which is a
from the result provided under Rule
germane modification of subjects in
XXVIII, see comparison in next row.
disagreement. (Paragraph 3 of Rule
(Section 2 of S. 2265 replaces paragraph
XXVIII.)
1 of Rule XVI)

CRS-14
Existing Senate Rule (and precedents)
S. 2349
S. 2261
S. 2265
or Public Law
Result of Sustaining a Point of Order
Against New Matter
(1) If new matter is inserted in a
Similar in effect to the application of the
Similar in effect to the application of the
conference report, a point of order may
Byrd Rule to conference reports on
Byrd Rule to conference reports on
be made against the report, and if the
reconciliation bills.
reconciliation bills.
point of order is sustained, the report is
(1) If a point of order against the
(1) If a point of order is sustained against
rejected or shall be recommitted to the
conference report is sustained, then:
unauthorized appropriation, legislation,
committee of conference if the House of
(a) the new matter shall be deemed to
new matter, or non-germane provision in
Representatives has not already acted
have been stricken;
a conference report, then:
thereon. (Paragraph 2 of Rule XXVIII.)
(b) when all other points of order under
(a) the language shall be deemed to have
this provision have been disposed of:
been stricken; and
(i) the Senate shall proceed to the
(b) a corresponding reduction in total
question as to whether the Senate shall
amount of the bill and Senate
recede from its position and concur with
appropriations committee’s 302(a)
a further amendment consisting only of
allocation of discretionary budgetary
the portion of the conference report not
resources 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; and
question as to whether the Senate shall
(iv) if the Senate agrees to the
recede from its position and concur with
amendment, the bill and amendment shall
a 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
Existing Senate Rule (and precedents)
S. 2349
S. 2261
S. 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 amend
amendment, 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
required.
(3) 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
preclude, or affect, a point of order made
under this paragraph regarding the same
matter.
(4) 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
this paragraph. The Presiding Officer
may sustain the point of order against all
or some of the provisions.

CRS-16
Existing Senate Rule (and precedents)
S. 2349
S. 2261
S. 2265
or Public Law
Earmarks must be in bill (or Act)
Earmarks may appear in either the
No changes.
Establishes new rule language and a
Prohibits federal agencies from
legislative text or report language
supermajority-vote requirement to waive.
obligating funds for appropriation
(committee reports accompanying
(1) Prohibits consideration of an
earmarks included only in congressional
reported bills and joint explanatory
appropriation bill, unless all earmarks are
reports.
statement accompanying a conference
contained in the text of the bill and not
(1) Prohibits any federal agency from
report).
incorporated by reference or directed in
obligating any funds made available in an
the committee report.
appropriation act to implement an
(2) Motion to waive: affirmative vote of
earmark included in reports filed by the
2/3 of all Senators required.
House and Senate Committees on
(Section 2 of S. 2261 adds a new
Appropriations or joint explanatory
paragraph to Rule XVI.)a
statement, unless the earmark is also
included in the appropriation act.
(2) For purposes of this provision,
earmark is defined as a provision that
specifies 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
Existing Senate Rule (and precedents)
S. 2349
S. 2261
S. 2265
or Public Law
Disclosure
Layover Requirement.
Layover Requirement.
Layover Requirement.
No requirement.
(1) Bill
(1) Prohibits consideration of any Senate
(1) Prohibits consideration of an
(a) Any non-privileged committee-
bill, Senate amendment, or conference
appropriation bill, unless a list of all
reported bill or House-passed bill shall lie
report on such bill (including
earmarks in such bill, the name of the
over for one legislative day, unless the
appropriations, revenue, and
requestor, and a short justification for
Senate agrees to consider the measure
authorization bills), unless a list of all
each earmark are available on the
earlier by unanimous consent or a motion
earmarks in such measure, identification
Internet for at least 72 hours before
to suspend the rules, requiring 2/3 vote a
of the Senator(s) proposing each
consideration.
quorum being present (Paragraph 4 of
earmark, and an explanation of the
(2) Motion to waive: affirmative vote of
Rule XVII).
essential government purpose for the
2/3 of all Senators required.
(b) In addition, most committee-reported
earmark are available on the Internet for
(Section 2 of S. 2261 adds a new
bills that are accompanied by a written
at least 24 hours before consideration.
paragraph to Rule XVI.)a
report, can not be considered until the
(Section 3 of S. 2349 would add a new
report has been available for at least 2
rule, Rule XLIV.)
calendar days, unless the Majority and
Minority Leaders jointly agree to waive
this rule. (Paragraph 5 of Rule XVII.)
There is no rule in the Senate that
requires each reported bill to be
accompanied by a written report.
(2) Amendment between the Houses: No
layover requirement.
(3) Conference Report: (see Conference
Report, Layover Requirement, above)

CRS-18
Existing Senate Rule (and precedents)
S. 2349
S. 2261
S. 2265
or Public Law
(1) There is no rule in the Senate that
(1) Prohibits consideration of a general
requires each committee-reported bill to
appropriations bill or accompanying
be accompanied by a written report. The
amendments between the houses that
Senate Committee on Appropriations,
includes unauthorized appropriations,
however, typically files such a report on
unless such bill is accompanied by a
general appropriation bills, except
report that provides a detailed listing of:
continuing resolutions. If the
(a) all unauthorized appropriations in
appropriations committee files such a
such bill;
report, the committee is required to
(b) an identification of the Member(s)
identify each recommended committee
who proposed the unauthorized
amendment that proposes an item of
appropriation; and
appropriation, which does not carry out
(c) an explanation of the essential
the provisions of existing law, a treaty
governmental purpose for the
stipulation, or an act or resolution
unauthorized appropriation.
previously passed by the Senate in the
This would include earmarks as defined
same session of Congress. (This does not
under Prohibition Against Unauthorized
apply to a bill.) (Paragraph 7 of Rule
Appropriations, above.
XVI.)
(Section 5(a) of S. 2265 adds a new
paragraph to Rule XVI.)

CRS-19
Existing Senate Rule (and precedents)
S. 2349
S. 2261
S. 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)
who proposed the unauthorized
appropriation; and
(c) an explanation of the essential
governmental purpose for the
unauthorized appropriation.
This would include earmarks as defined
under the Prohibition Against
Unauthorized Appropriations, above.
(Section 5(b) adds is a new subparagraph
to paragraph 4 of Rule XXVIII.)

CRS-20
Existing Senate Rule (and precedents)
S. 2349
S. 2261
S. 2265
or Public Law
Conflict of Interest
(1) No Senator, officer, or employee shall
No changes.
(1) No Senator may advocate to include
No changes.
knowingly use his official position to
an earmark in any bill or joint resolution,
introduce or aid the progress or passage
accompanying committee report,
of legislation, a principal purpose of
conference report, or joint explanatory
which is to further only his pecuniary
statement if the Member has a financial
interest, only the pecuniary interest of his
interest in such earmark. (Section 3 of S.
immediate family, or only the pecuniary
2261 would add a new paragraph to
interest of a limited class of persons or
Senate Rule XXXVII.)
enterprises, when he, or his immediate
(2) No Senator shall condition inclusion
family, or enterprises controlled by them,
of an earmark in any bill or joint
are members of the affected class.
resolution, accompanying committee
(Paragraph 4 of Senate Rule XXXVII,
report, conference report, or joint
Conflict of Interest.)
explanatory statement on any vote cast
by a Senator in whose state the project
will be carried out. (Section 4 of S. 2261
would add a new paragraph to Senate
Rule XXXVII.)

CRS-21
Existing Senate Rule (and precedents)
S. 2349
S. 2261
S. 2265
or Public Law
Recipient of Federal Funds Reporting
Requirement
In general, each person who requests
No changes.
Requires a recipient of federal funds
Requires a recipient of federal funds
and/or receives a federal contract, grant,
constituting an award, grant, or loan to
constituting an award, grant, or loan to
loan, loan guarantee, or cooperative
file semiannual reports with the Secretary
file semiannual reports with the Secretary
agreement from an agency shall file with
of the Senate and Clerk of the House of
of the Senate and Clerk of the House of
that agency the name of any registered
Representatives containing the name of
Representatives containing the name of
lobbyist who has lobbied on behalf of the
any lobbyist registered under the
any lobbyist registered under the
person for those items. If material
Lobbying Disclosure Act of 1995 to
Lobbying Disclosure Act of 1995 to
changes have occurred, the person is also
whom the recipient paid money to lobby
whom the recipient paid money to lobby
required to update the filing at the end of
on behalf of federal funding received and
on behalf of federal funding received and
each calendar quarter. (31 USC
the amount of the money paid.
the amount of the money paid.
1352(b).)
(Section 5 of S. 2261 adds the above to
(Section 5(c) of S. 2265 adds the above
section 5 of Lobbying Disclosure Act of
to section 5 of Lobbying Disclosure Act
1995, 2 USC 1604.)
of 1995, 2 USC 1604.)
SOURCES: 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], visited
Feb. 24, 2006; S. 2349, as reported by the Senate Committee on Rules and Administration (109th Cong.); S. 2261, as introduced (109th Cong.); and S. 2265, as introduced (109th Cong.).
a. This 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.
b. In 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

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