S.Amdt. 4369

1. Adds SEC. __. POINT OF ORDER AGAINST LEGISLATION CONTAINING NON-TRANSPARENT EARMARKS wherever appropriate

   Adds a section

   Inserted: SEC. __. POINT OF ORDER AGAINST LEGISLATION CONTAINING NON-TRANSPARENT EARMARKS.

   Inserted: (a) In General.--

   Inserted: (1) Point of Order.-- Except as provided in subsection (b), it shall not be in order in the Senate to consider any bill, joint resolution, motion, amendment, conference report, or message between Houses if such legislation or its accompanying report language or joint explanatory statement provides or recommends funding for a congressionally directed spending item, limited tax benefit, or a limited tariff benefit.

   Inserted: (2) Definition.--In this section, the terms "congressionally directed spending item", "limited tax benefit", and "limited tariff benefit" shall have the same meanings as in rule XLIV of the Standing Rules of the Senate.

   Inserted: (b) Exceptions.--Congressionally directed spending items, limited tax benefits, or limited tariff benefits, may be provided or recommended if the following items are disclosed on the Internet in a searchable format next to each congressionally directed spending item, limited tax benefit, or limited tariff benefit at least 48 hours prior to the consideration of legislation containing such congressionally directed spending items, limited tax benefits, or limited tariff benefits--

   Inserted: (1) the names and addresses of the intended recipients of requested congressionally directed spending items, limited tax benefits, or limited tariff benefits;

   Inserted: (2) all Federal campaign contributions in each of the previous 2 years received by the official campaign or political action committees of the Senator who requested the congressionally directed spending item, limited tax benefit, or limited tariff benefit from the employees, executives, board members, and trustees of the following--

   Inserted: (A) the intended recipient of each requested congressionally directed spending item, limited tax benefit, or limited tariff benefit; and

   Inserted: (B) any organization hired to lobby for Federal funding for the intended recipient of each requested congressionally directed spending item, limited tax benefit, or limited tariff benefit;

   Inserted: (3) whether the Senator or the immediate family (son, daughter, stepson, stepdaughter, son-in-law, daughter-in-law, mother, father, stepmother, stepfather, mother-in-law, father-in-law, brother, sister, stepbrother, or stepsister), staff, or immediate family (son, daughter, stepson, stepdaughter, son-in-law, daughter-in-law, mother, father, stepmother, stepfather, mother-in-law, father-in-law, brother, sister, stepbrother, or stepsister) of the staff of the Senator who requested the congressionally directed spending items, limited tax benefits, or limited tariff benefits can be reasonably expected to benefit financially from the enactment of each requested congressionally directed spending item, limited tax benefit, or limited tariff benefit.

   Inserted: (c) Supermajority Waiver and Appeal.--

   Inserted: (1) Waiver.--In the Senate, subsection (a) may be waived or suspended only by an affirmative vote of three-fifths of the Members, duly chosen and sworn.

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   Inserted: (2) Appeal.--An affirmative vote of three-fifths of the Members of the Senate, duly chosen and sworn, shall be required to sustain an appeal of the ruling of the Chair on a point of order raised under subsection (a).

   Inserted: (d) Form of Point of Order.--A point of order under subsection (a) may be raised by a Senator as provided in section 313(e) of the Congressional Budget Act of 1974.

   Inserted: (e) Conference Reports.--When the Senate is considering a conference report on, or an amendment between the Houses in relation to, a bill, upon a point of order being made by any Senator pursuant to this section, and such point of order being sustained, such material contained in such conference report shall he deemed stricken, and the Senate shall proceed to consider the question of whether the Senate shall recede from its amendment and concur with a further amendment, or concur in the House amendment with a further amendment, as the case may be, which further amendment shall consist of only that portion of the conference report or House amendment, as the case may be, not so stricken. Any such motion in the Senate shall be debatable. In any case in which such point of order is sustained against a conference report (or Senate amendment derived from such conference report by operation of this subsection), no further amendment shall be in order.

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   Original wording

   At the appropriate place, insert the following:

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As printed