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Pork Reduction Bill

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To provide greater accountability of taxpayers' dollars by curtailing congressional earmarking, and for other purposes.

Mr. Knox for himself with thanks to Mr. MCCAIN 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.

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

SECTION 1. SHORT TITLE.

This Act may be cited as the `Pork-Barrel Reduction Act'.

SEC. 2. REFORM OF CONSIDERATION OF APPROPRIATIONS BILLS IN THE SENATE.

Paragraph 1 of Rule XVI of the Standing Rules of the Senate is amended to read as follows:

`1. (a) On a point of order made by any Senator:

`(b)(1) If a point of order under subparagraph (a)(1) against a Senate bill is sustained, then--

`(2) If a point of order under subparagraph (a)(1) against an Act of the House of Representatives is sustained, then an amendment to the House bill is deemed to have been adopted that--

`(c) If the point of order against an amendment under subparagraph (a)(2) is sustained, then the amendment shall be out of order and may not be considered.

`(d) If the point of order against a conference report under subparagraph (a)(3) is sustained, then--

`(e)(1) If a point of order under subparagraph (a)(4) against a Senate amendment is sustained, then--

`(2) If a point of order under subparagraph (a)(4) against a House amendment is sustained, then--

`(f) The disposition of a point of order made under any other paragraph of this Rule, or under any other Standing Rule of the Senate, that is not sustained, or is waived, does not preclude, or affect, a point of order made under subparagraph (a) with respect to the same matter.

`(g) A point of order under subparagraph (a) may be waived only by a motion agreed to by the affirmative vote of three-fifths of the Senators duly chosen and sworn. If an appeal is taken from the ruling of the Presiding Officer with respect to such a point of order, the ruling of the Presiding Officer shall be sustained absent an affirmative vote of three-fifths of the Senators duly chosen and sworn.

`(h) Notwithstanding any other rule of the Senate, it shall be in order for a Senator to raise a single point of order that several provisions of a general appropriation bill, a conference report on a general appropriation bill, or an amendment between the Houses on a general appropriation bill violate subparagraph (a). The Presiding Officer may sustain the point of order as to some or all of the provisions against which the Senator raised the point of order. If the Presiding Officer so sustains the point of order as to some or all of the provisions against which the Senator raised the point of order, then only those provisions against which the Presiding Officer sustains the point of order shall be deemed stricken pursuant to this paragraph. Before the Presiding Officer rules on such a point of order, any Senator may move to waive such a point of order, in accordance with subparagraph (g), as it applies to some or all of the provisions against which the point of order was raised. Such a motion to waive is amendable in accordance with the rules and precedents of the Senate. After the Presiding Officer rules on such a point of order, any Senator may appeal the ruling of the Presiding Officer on such a point of order as it applies to some or all of the provisions on which the Presiding Officer ruled.

`(i) Notwithstanding any provision of the Congressional Budget Act of 1974 (2 U.S.C. 621 et seq.), no point of order provided for under that Act shall lie against the striking of any matter, the modification of total amounts to reflect the deletion of matter struck, or the reduction of an allocation of discretionary budgetary resources allocated under section 302(a)(2) of the Congressional Budget Act of 1974 (2 U.S.C. 633(a)(2)) to reflect the deletion of matter struck (or to the bill, amendment, or conference report as affected by such striking, modification, or reduction) pursuant to a point of order under this paragraph.

`(j) For purposes of this paragraph:

`(1) No new or general legislation nor any unauthorized appropriation may be included in any general appropriation bill.

`(2) No amendment may be received to any general appropriation bill the effect of which will be to add an unauthorized appropriation to the bill.

`(3) No new or general legislation nor any unauthorized appropriation, new matter, or nongermane matter may be included in any conference report on a general appropriation bill.

`(4) No unauthorized appropriation may be included in any amendment between the Houses, or any amendment thereto, in relation to a general appropriation bill.

`(A) the new or general legislation or unauthorized appropriation shall be struck from the bill; and

`(B) any modification of total amounts appropriated necessary to reflect the deletion of the matter struck from the bill shall be made and the allocation of discretionary budgetary resources allocated under section 302(a)(2) of the Congressional Budget Act of 1974 (2 U.S.C. 633(a)(2)) shall be reduced accordingly.

`(A) strikes the new or general legislation or unauthorized appropriation from the bill; and

`(B) modifies, if necessary, the total amounts appropriated by the bill to reflect the deletion of the matter struck from the bill and reduces the allocation of discretionary budgetary resources allocated under section 302(a)(2) of the Congressional Budget Act of 1974 (2 U.S.C. 633(a)(2)) accordingly.

`(1) the new or general legislation, unauthorized appropriation, new matter, or nongermane matter in such conference report shall be deemed to have been struck;

`(2) any modification of total amounts appropriated necessary to reflect the deletion of the matter struck shall be deemed to have been made and the allocation of discretionary budgetary resources allocated under section 302(a)(2) of the Congressional Budget Act of 1974 (2 U.S.C. 633(a)(2)) shall be deemed to be reduced accordingly;

`(3) when all other points of order under this paragraph have been disposed of--

`(4) if the Senate agrees to the amendment, then the bill and the Senate amendment thereto shall be returned to the House for its concurrence in the amendment of the Senate.

`(A) the Senate shall proceed to consider the question of whether the Senate should recede from its amendment to the House bill, or its disagreement to the amendment of the House, and concur with a further amendment, which further amendment shall consist of only that portion of the conference report not deemed to have been struck (together with any modification of total amounts appropriated and reduction in the allocation of discretionary budgetary resources allocated under section 302(a)(2) of the Congressional Budget Act of 1974 (2 U.S.C. 633(a)(2)) deemed to have been made);

`(B) the question shall be debatable; and

`(C) no further amendment shall be in order; and

`(A) the unauthorized appropriation shall be struck from the amendment;

`(B) any modification of total amounts appropriated necessary to reflect the deletion of the matter struck from the amendment shall be made and the allocation of discretionary budgetary resources allocated under section 302(a)(2) of the Congressional Budget Act of 1974 (2 U.S.C. 633(a)(2)) shall be reduced accordingly; and

`(C) after all other points of order under this paragraph have been disposed of, the Senate shall proceed to consider the amendment as so modified.

`(A) an amendment to the House amendment is deemed to have been adopted that--

`(B) after all other points of order under this paragraph have been disposed of, the Senate shall proceed to consider the question of whether to concur with further amendment.

`(i) strikes the new or general legislation or unauthorized appropriation from the House amendment; and

`(ii) modifies, if necessary, the total amounts appropriated by the bill to reflect the deletion of the matter struck from the House amendment and reduces the allocation of discretionary budgetary resources allocated under section 302(a)(2) of the Congressional Budget Act of 1974 (2 U.S.C. 633(a)(2)) accordingly; and

`(1)(A) The term `unauthorized appropriation' means an appropriation--

`(B) An appropriation is not specifically authorized if it is restricted or directed to, or authorized to be obligated or expended for the benefit of, an identifiable person, program, project, entity, or jurisdiction by earmarking or other specification, whether by name or description, in a manner that--

`(2) The term `new or general legislation' has the meaning given that term when it is used in paragraph 2 of this Rule.

`(3) The terms `new matter' and `nongermane matter' have the same meaning as when those terms are used in Rule XXVIII.'.

`(i) not specifically authorized by law or Treaty stipulation (unless the appropriation has been specifically authorized by an Act or resolution previously passed by the Senate during the same session or proposed in pursuance of an estimate submitted in accordance with law); or

`(ii) the amount of which exceeds the amount specifically authorized by law or Treaty stipulation (or specifically authorized by an Act or resolution previously passed by the Senate during the same session or proposed in pursuance of an estimate submitted in accordance with law) to be appropriated.

`(i) discriminates against other persons, programs, projects, entities, or jurisdictions similarly situated that would be eligible, but for the restriction, direction, or authorization, for the amount appropriated; or

`(ii) is so restricted, directed, or 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 in a law or Treaty stipulation (or an Act or resolution previously passed by the Senate during the same session or in the estimate submitted in accordance with law) that specifically provides for the restriction, direction, or authorization of appropriation for such person, program, project, entity, or jurisdiction.

SEC. 3. CONSIDERATION OF CONFERENCE REPORTS.

Rule XXVIII of the Standing Rules of the Senate is amended by adding at the end the following:

`7. (a) It shall not be in order to consider a conference report which includes matter not committed to the conferees by either House.

`(b) The presentation of reports of committees of conference under paragraph 1 shall be in order only after such reports are filed and made available 48 hours prior to presentation.'.

SEC. 4. PROHIBITION ON OBLIGATION OF FUNDS FOR APPROPRIATIONS EARMARKS INCLUDED ONLY IN CONGRESSIONAL REPORTS.

(a) In General- No Federal agency may obligate any funds made available in an appropriation Act to implement an earmark that is included in a congressional report accompanying the appropriation Act, unless the earmark is also included in the appropriation Act.

(b) Definitions- For purposes of this section:

(c) Effective Date- This section shall apply to appropriation Acts enacted after December 31, 2006.

(1) The term `assistance' includes a grant, loan, loan guarantee, or contract.

(2) The term `congressional report' means a report of the Committee on Appropriations of the House of Representatives or the Senate, or a joint explanatory statement of a committee of conference.

(3) The term `earmark' means a provision that specifies the identity of an entity to receive assistance and the amount of the assistance.

(4) The term `entity' includes a State or locality, but does not include any Federal agency.

SEC. 5. DISCLOSURE.

(a) Unauthorized Appropriations- Rule XVI of the Standing Rules of the Senate is amended by adding at the end the following:

`9. No appropriation bill or amendment between the Houses which includes unauthorized appropriations (as identified by paragraph 1(j)) shall be considered unless such bill is accompanied by a report that provides a detailed listing of--

(b) Earmark Disclosure, Sponsor, and Purpose- Paragraph 4 of Rule XVIII of the Standing Rules of the Senate is amended by--

`(b) No conference report which includes unauthorized appropriations (as defined by paragraph 1(j) of rule XVI) shall be considered unless such conference report is accompanied by a joint statement that provides a detailed listing of--

(c) Lobbying on Behalf of Recipients of Federal Funds- The Lobbying Disclosure Act of 1995 is amended by adding after section 5 the following:

`(1) all unauthorized appropriation in such bill;

`(2) an identification of the member or members who proposed the unauthorized appropriation; and

`(3) an explanation of the essential governmental purpose for the unauthorized appropriation.'.

(1) inserting `(a)' after `4.'; and

(2) adding at the end the following:

`(1) all unauthorized appropriations in such conference report;

`(2) an identification of the member or members who proposed the unauthorized appropriation; and

`(3) an explanation of the essential governmental purpose for the unauthorized appropriation.'.

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

`(a) In General- A recipient of Federal funds shall file a report as required by section 5(a) containing--

`(b) Definition- In this section, the term `recipient of Federal funds' means the recipient of Federal funds constituting an award, grant, or loan.'.

`(1) the name of any lobbyist registered under this Act to whom the recipient paid money to lobby on behalf of the Federal funding received by the recipient; and

`(2) the amount of money paid as described in paragraph (1).

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21 minutes ago, Shiggy said:
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Glad to see the Christians are antiPork

  • Haha 1

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Mr. Speaker,

This bill will help fight corruption and restore public trust in government. As such, I move for unanimous consent.

I yield

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