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CRS Describes Proposed Senate Earmark Disclosure Rule

JUL. 30, 2007

CRS Describes Proposed Senate Earmark Disclosure Rule

DATED JUL. 30, 2007
DOCUMENT ATTRIBUTES
  • Authors
    Heniff, Bill, Jr.
  • Institutional Authors
    Congressional Research Service
  • Cross-Reference
    For a release from Sen. Jim DeMint, R-S.C., see Doc 2007-17922.
  • Subject Area/Tax Topics
  • Jurisdictions
  • Language
    English
  • Tax Analysts Document Number
    Doc 2007-17923
  • Tax Analysts Electronic Citation
    2007 TNT 149-30

 

MEMORANDUM

 

 

July 30, 2007

 

 

 TO:      Senator Jim DeMint

 

 

 FROM:    Bill Heniff Jr. (7-8646)

 

          Analyst in American National Government

 

          Government and Finance Division

 

 

 SUBJECT: Proposed Senate Earmark Disclosure Rule

 

 

This memorandum responds to your request for a review of a proposed Senate earmark disclosure rule. Specifically, you requested a review of Section 521 of draft legislation identified as S. 1 provided by your office.

Section 521 amends the Standing Rules of the Senate by establishing a new Rule XLIV regarding congressionally directed spending and related items. The new rule includes 12 clauses that include various requirements and definitions. However, due to time constraints, as well as your specific concern related to the certification requirement, this memorandum addresses only clauses 1-3 of the new rule.

Clauses 1-3 of the proposed new Rule XLIV would prohibit the Senate from voting on a motion to proceed to the consideration of a bill or joint resolution, or from voting on a conference report, unless the chairman of the committee of jurisdiction or the Majority Leader or his or her designee certifies two things: (1) that each congressionally directed spending item, limited tax benefit, and limited tariff benefit in the legislation, accompanying committee report, or joint explanatory statement (with regard to a conference report), is identified, along with the name of the requesting Senator (or sponsor) of each; and (2) that this information has been available on a publicly accessible congressional website in a searchable format at least 48 hours before the vote.1

If a point of order is sustained against the motion to proceed, the motion to proceed is suspended until compliance with the rule has been achieved and the sponsor of the motion to proceed or his or her designee requests a resumption. If a point of order is sustained against a conference report, the conference report shall be set aside. The rule does not specify how consideration of the conference report may be resumed.

If a point of order is raised under the new rule, it appears that the Chair presumably would base his or her ruling only on whether or not the certification has been made, and not on the contents of the available lists or charts, including the accuracy or completeness of this information. Any ruling by the Chair, however, may be appealed. Under the proposed new rule (specifically clause 10), only one appeal from the ruling of the Chair may be made. Debate on such an appeal would be limited to one hour. A majority vote on the appeal would overturn the ruling of the Chair.

Please call me if I may be of further assistance in this matter.

 

FOOTNOTE

 

 

1 The "searchable format" requirement does not apply to a conference report. The rule provides that such "searchable format" of the information for a conference report shall be available to the extent technically feasible.

 

END OF FOOTNOTE
DOCUMENT ATTRIBUTES
  • Authors
    Heniff, Bill, Jr.
  • Institutional Authors
    Congressional Research Service
  • Cross-Reference
    For a release from Sen. Jim DeMint, R-S.C., see Doc 2007-17922.
  • Subject Area/Tax Topics
  • Jurisdictions
  • Language
    English
  • Tax Analysts Document Number
    Doc 2007-17923
  • Tax Analysts Electronic Citation
    2007 TNT 149-30
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