To provide greater accountability of taxpayers' dollars by curtailing congressional earmarking and requiring disclosure of lobbying by recipients of Federal funds.

SA 140. Mr. FEINGOLD (for himself, Mr. McCain, Mrs. McCaskill, Mr.
Graham, Mr. Lieberman, Mr. Burr, and Mr. Coburn) submitted an amendment
intended to be proposed to amendment SA 98 proposed by Mr. Inouye (for
himself and Mr. Baucus) to the bill H.R. 1, making supplemental
appropriations for job preservation and creation, infrastructure
investment, energy efficiency and science, assistance to the
unemployed, and State and local fiscal stabilization, for fiscal year
ending September 30, 2009, and for other purposes; as follows:

At the appropriate place, insert the following:

SEC. ___. CURTAILING CONGRESSIONAL EARMARKS AND LOBBYING
DISCLOSURE.

(a) In General.--Title III of the Congressional Budget Act
of 1974 is amended by adding at the end the following:

``congressional earmarks

``Sec. 316.  (a) In General.--On a point of order made by
any Senator:
``(1) No 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 unauthorized appropriation may be included in any
amendment between the Houses, or any amendment thereto, in
relation to a general appropriation bill.
``(b) Point of Order New Legislation.--
``(1) Senate measure.--If a point of order under subsection
(a)(1) against a Senate bill or amendment is sustained--
``(A) the unauthorized appropriation shall be struck from
the bill or amendment; and
``(B) any modification of total amounts appropriated
necessary to reflect the deletion of the matter struck from
the bill or amendment shall be made.
``(2) House measure.--If a point of order under subsection
(a)(1) against an Act of the House of Representatives is
sustained when the Senate is not considering an amendment in
the nature of a substitute, an amendment to the House bill is
deemed to have been adopted that--
``(A) strikes 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;
``(c) Point of Order Unauthorized Appropriations in
Amendment.--If the point of order against an amendment under
subsection (a)(2) is sustained, the amendment shall be out of
order and may not be considered.
``(d) Point of Order Unauthorized Appropriations in
Amendment Between the Houses.--
``(1) Senate.--If a point of order under subsection (a)(3)
against a Senate amendment is sustained--
``(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
``(C) after all other points of order under this section
have been disposed of, the Senate shall proceed to consider
the amendment as so modified.
``(2) House.--If a point of order under subsection (a)(3)
against a House of Representatives amendment is sustained--
``(A) an amendment to the House amendment is deemed to have
been adopted that--

[[Page S1451]]

``(i) strikes the 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
``(B) after all other points of order under this section
have been disposed of, the Senate shall proceed to consider
the question of whether to concur with further amendment.
``(e) Other Points of Order.--The disposition of a point of
order made under any other rule of the Senate, that is not
sustained, or is waived, does not preclude, or affect, a
point of order made under subsection (a) with respect to the
same matter.
``(f) Supermajority.--A point of order under subsection (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.
``(g) Form of Point of Order, Multiple Provisions.--
``(1) In general.--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 or an amendment between the Houses on a
general appropriation bill violate subsection (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.
``(2) Sustained point of order.--If the Presiding Officer
sustains the point of order under paragraph (1) 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.
``(3) Motion to waive.--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 subsection (f), 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.
``(4) Appeal.--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.
``(h) Definition.--For purposes of this section, the term
`unauthorized appropriation' means a `congressionally
directed spending item' as defined in rule XLIV of the
Standing Rule of the Senator--
``(1) that is 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
``(2) 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) Conference Reports.--
``(1) In general.--On a point of order made by any Senator,
no unauthorized appropriation may be included in any
conference report on a general appropriation bill.
``(2) Point of order sustained.--If the point of order
against a conference report under paragraph (1) is
sustained--
``(A) the unauthorized appropriation in such conference
report shall be deemed to have been struck;
``(B) any modification of total amounts appropriated
necessary to reflect the deletion of the matter struck shall
be deemed to have been made;
``(C) when all other points of order under this subsection
have been disposed of--
``(i) 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);
``(ii) the question shall be debatable; and
``(iii) no further amendment shall be in order; and
``(D) 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.
``(3) Further points of order.--The disposition of a point
of order made under any other provision of this section, 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 paragraph (1) with respect to the
same matter.
``(4) Supermajority.--A point of order under paragraph (1)
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.
``(5) Single point of order.--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
conference report on a general appropriation bill violate
paragraph (1). 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 subsection. 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 paragraph (4), 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.''.
(b) Lobbying on Behalf of Recipients of Federal Funds.--The
Lobbying Disclosure Act of 1995 is amended by adding after
section 5 the following:

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