[United States Senate Manual, 113th Congress]
[S. Doc. 113-1]
[Standing Rules of the Senate]
[Pages 90-95]
[From the U.S. Government Publishing Office, www.gpo.gov]
44 RULE XLIV \95\
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\95\ Rule XLIV added pursuant to Pub. L. 110-81, Sep.
14, 2007.
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CONGRESSIONALLY DIRECTED SPENDING AND RELATED ITEMS
44.1a 1. (a) It shall not be in order to vote on a motion to
proceed to consider a bill or joint resolution reported by
any committee unless the chairman of the committee of
jurisdiction or the Majority Leader or his or her designee
certifies--
(1) that each congressionally directed spending item,
limited tax benefit, and limited tariff benefit, if any, in
the bill or joint resolution, or in the committee report
accompanying the bill or joint resolution, has been
identified through lists, charts, or other similar means
including the name of each Senator who submitted a request
to the committee for each item so identified; and
(2) that the information in clause (1) has been
available on a publicly accessible congressional website in
a searchable format at least 48 hours before such vote.
44.1b (b) If a point of order is sustained under this
paragraph, the motion to proceed shall be suspended until
the sponsor of the motion or his or her designee has
requested resumption and compliance with this paragraph has
been achieved.
44.2a 2. (a) It shall not be in order to vote on a motion to
proceed to consider a Senate bill or joint resolution not
reported by committee unless the chairman of the committee
of jurisdiction or the Majority Leader or his or her
designee certifies--
[[Page 91]]
(1) that each congressionally directed spending
item, limited tax benefit, and limited tariff
benefit, if any, in the bill or joint resolution,
has been identified through lists, charts, or other
similar means, including the name of each Senator
who submitted a request to the sponsor of the bill
or joint resolution for each item so identified; and
(2) that the information in clause (1) has been
available on a publicly accessible congressional
website in a searchable format at least 48 hours
before such vote.
44.2b (b) If a point of order is sustained under this
paragraph, the motion to proceed shall be suspended until
the sponsor of the motion or his or her designee has
requested resumption and compliance with this paragraph has
been achieved.
44.3a 3. (a) It shall not be in order to vote on the adoption
of a report of a committee of conference unless the chairman
of the committee of jurisdiction or the Majority Leader or
his or her 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 statement of managers accompanying the
conference report, has been identified through
lists, charts, or other means, including the name of
each Senator who submitted a request to the
committee of jurisdiction for each item so
identified; and
(2) that the information in clause (1) has been
available on a publicly accessible congressional
website at least 48 hours before such vote.
44.3b (b) If a point of order is sustained under this
paragraph, then the conference report shall be set aside.
44.4a 4. (a) 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 the bill
or joint resolution as placed on the calendar or as reported
by any committee, in a committee report on such bill or
joint resolution, 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
Senator who submitted a request to the Senator for each
respective item included in the list) is printed in the
Congressional Record.
[[Page 92]]
44.4b (b) If a committee reports a bill or joint resolution
that includes congressionally directed spending items,
limited tax benefits, or limited tariff benefits in the bill
or joint resolution, or in the committee report accompanying
the bill or joint resolution, the committee shall as soon as
practicable identify on a publicly accessible congressional
website each such item through lists, charts, or other
similar means, including the name of each Senator who
submitted a request to the committee for each item so
identified. Availability on the Internet of a committee
report that contains the information described in this
subparagraph shall satisfy the requirements of this
subparagraph.
44.4c (c) To the extent technically feasible, information made
available on publicly accessible congressional websites
under paragraphs 3 and 4 shall be provided in a searchable
format.
44.5 5. For the purpose of this rule--
44.5a
(a) the term ``congressionally directed spending
item'' means a provision or report language included
primarily at the request of a Senator providing,
authorizing, or recommending a specific amount of
discretionary budget authority, credit authority, or
other spending authority for a contract, loan, loan
guarantee, grant, loan authority, or other
expenditure with or to an entity, or targeted to a
specific State, locality or Congressional district,
other than through a statutory or administrative
formula-driven or competitive award process;
44.5b
(b) the term ``limited tax benefit'' means--
(1) any revenue provision that--
(A) provides a Federal tax deduction,
credit, exclusion, or preference to a
particular beneficiary or limited group of
beneficiaries under the Internal Revenue
Code of 1986; and
(B) contains eligibility criteria that
are not uniform in application with respect
to potential beneficiaries of such
provision;
44.5c
(c) the term ``limited tariff benefit'' means a
provision modifying the Harmonized Tariff Schedule
of the United States in a manner that benefits 10 or
fewer entities; and
44.5d
(d) except as used in subparagraph 8(e), the
term ``item'' when not preceded by ``congressionally
directed
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spending'' means any provision that is a
congressionally directed spending item, a limited
tax benefit, or a limited tariff benefit.
44.6a 6. (a) 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 an accompanying
joint statement of managers) shall provide a written
statement to the chairman and ranking member of the
committee of jurisdiction, including--
(1) the name of the Senator;
(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, consistent with the
requirements of paragraph 9.
44.6b (b) 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 statement of managers
accompanying the conference report) considered by the
Senate, each committee of jurisdiction shall make available
for public inspection on the Internet the certifications
under subparagraph (a)(5) as soon as practicable.
44.7 7. In the case of a bill, joint resolution, or
conference report that contains congressionally directed
spending items in any classified portion of a report
accompanying the measure, the committee of jurisdiction
shall, to the greatest extent practicable, consistent with
the need to protect national security (including
intelligence sources and methods), include on the list
required by paragraph 1, 2, or 3 as the case may be, a
general program description in unclassified language,
funding level, and the name of the sponsor of that
congressionally directed spending item.
44.8a 8. (a) A Senator may raise a point of order against one
or more provisions of a conference report if they constitute
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new directed spending provisions. 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.
44.8b (b) If the Presiding Officer sustains the point of order
as to any of the provisions against which the Senator raised
the point of order, then those provisions against which the
Presiding Officer sustains the point of order shall be
stricken. After all other points of order under this
paragraph have been disposed of--
(1) 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 that has not been stricken; and
(2) the question in clause (1) shall be decided
under the same debate limitation as the conference
report and no further amendment shall be in order.
44.8c (c) Any Senator may move to waive any or all points of
order under this paragraph with respect to the pending
conference report by an affirmative vote of three-fifths of
the Members, duly chosen and sworn. All motions to waive
under this paragraph shall be debatable collectively for not
to exceed 1 hour equally divided between the Majority Leader
and the Minority Leader or their designees. A motion to
waive all points of order under this paragraph shall not be
amendable.
44.8d (d) All appeals from rulings of the Chair under this
paragraph shall be debatable collectively for not to exceed
1 hour, equally divided between the Majority and the
Minority Leader or their designees. An affirmative vote of
three-fifths of the Members of the Senate, duly chosen and
sworn, shall be required in the Senate to sustain an appeal
of the ruling of the Chair under this paragraph.
44.8e (e) The term ``new directed spending provision'' as used
in this paragraph means any item that consists of a specific
provision containing a specific level of funding for any
specific account, specific program, specific project, or
specific activity, when no specific funding was provided for
such specific account, specific program, specific project,
or specific activity in the measure originally committed to
the conferees by either House.
[[Page 95]]
44.9 9. No Member, officer, or employee of the Senate shall
knowingly use his official position to introduce, request,
or otherwise aid the progress or passage of congressionally
directed spending items, limited tax benefits, or limited
tariff benefits a principal purpose of which is to further
only his pecuniary interest, only the pecuniary interest of
his immediate family, or only the pecuniary interest of a
limited class of persons or enterprises, when he or his
immediate family, or enterprises controlled by them, are
members of the affected class.
44.10 10. Any Senator may move to waive application of
paragraph 1, 2, or 3 with respect to a measure by an
affirmative vote of three-fifths of the Members, duly chosen
and sworn. A motion to waive under this paragraph with
respect to a measure shall be debatable for not to exceed 1
hour equally divided between the Majority Leader and the
Minority Leader or their designees. With respect to points
of order raised under paragraphs 1, 2, or 3, only one appeal
from a ruling of the Chair shall be in order, and debate on
such an appeal from a ruling of the Chair on such point of
order shall be limited to one hour.
44.11 11. Any Senator may move to waive all points of order
under this rule with respect to the pending measure or
motion by an affirmative vote of three-fifths of the
Members, duly chosen and sworn. All motions to waive all
points of order with respect to a measure or motion as
provided by this paragraph shall be debatable collectively
for not to exceed 1 hour equally divided between the
Majority Leader and the Minority Leader or their designees.
A motion to waive all points of order with respect to a
measure or motion as provided by this paragraph shall not be
amendable.
44.12 12. Paragraph 1, 2, or 3 of this rule may be waived by
joint agreement of the Majority Leader and the Minority
Leader of the Senate upon their certification that such
waiver is necessary as a result of a significant disruption
to Senate facilities or to the availability of the Internet.