II 

111TH CONGRESS 

1ST SESSION S. 162 

To provide greater accountability of taxpayers’ dollars by curtailing 

congressional earmarking, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 6, 2009 

Mr. FEINGOLD (for himself, Mr. MCCAIN, Mrs. MCCASKILL, Mr. GRAHAM, 

and Mr. COBURN) 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Fiscal Discipline, Ear5 mark Reform, and Accountability Act’’. 

6 SEC. 2. REFORM OF CONSIDERATION OF APPROPRIATIONS 

7 BILLS IN THE SENATE. 

8 (a) IN GENERAL.—Rule XVI of the Standing Rules 

9 of the Senate is amended by adding at the end the fol10 lowing: 


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

2 ‘‘(1) No new or general legislation nor any un3 authorized appropriation may be included in any 

4 general appropriation bill. 

5 ‘‘(2) No amendment may be received to any 

6 general appropriation bill the effect of which will be 

7 to add an unauthorized appropriation to the bill. 

8 ‘‘(3) No unauthorized appropriation may be in9 cluded in any amendment between the Houses, or 

10 any amendment thereto, in relation to a general ap11 propriation bill. 

12 ‘‘(b)(1) If a point of order under subparagraph (a)(1) 

13 against a Senate bill or amendment is sustained— 

14 ‘‘(A) the new or general legislation or unauthor15 ized appropriation shall be struck from the bill or 

16 amendment; and 

17 ‘‘(B) any modification of total amounts appro18 priated necessary to reflect the deletion of the mat19 ter struck from the bill or amendment shall be 

20 made. 

21 ‘‘(2) If a point of order under subparagraph (a)(1) 

22 against an Act of the House of Representatives is sus23 tained when the Senate is not considering an amendment 

24 in the nature of a substitute, an amendment to the House 

25 bill is deemed to have been adopted that— 


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1 ‘‘(A) strikes the new or general legislation or 

2 unauthorized appropriation from the bill; and 

3 ‘‘(B) modifies, if necessary, the total amounts 

4 appropriated by the bill to reflect the deletion of the 

5 matter struck from the bill; 

6 ‘‘(c) If the point of order against an amendment 

7 under subparagraph (a)(2) is sustained, the amendment 

8 shall be out of order and may not be considered. 

9 ‘‘(d)(1) If a point of order under subparagraph (a)(3) 

10 against a Senate amendment is sustained— 

11 ‘‘(A) the unauthorized appropriation shall be 

12 struck from the amendment; 

13 ‘‘(B) any modification of total amounts appro14 priated necessary to reflect the deletion of the mat15 ter struck from the amendment shall be made; and 

16 ‘‘(C) after all other points of order under this 

17 paragraph have been disposed of, the Senate shall 

18 proceed to consider the amendment as so modified. 

19 ‘‘(2) If a point of order under subparagraph (a)(3) 

20 against a House of Representatives amendment is sus21 tained— 

22 ‘‘(A) an amendment to the House amendment 

23 is deemed to have been adopted that— 


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1 ‘‘(i) strikes the new or general legislation 

2 or unauthorized appropriation from the House 

3 amendment; and 

4 ‘‘(ii) modifies, if necessary, the total 

5 amounts appropriated by the bill to reflect the 

6 deletion of the matter struck from the House 

7 amendment; and 

8 ‘‘(B) after all other points of order under this 

9 paragraph have been disposed of, the Senate shall 

10 proceed to consider the question of whether to con11 cur with further amendment. 

12 ‘‘(e) The disposition of a point of order made under 

13 any other paragraph of this rule, or under any other 

14 Standing Rule of the Senate, that is not sustained, or is 

15 waived, does not preclude, or affect, a point of order made 

16 under subparagraph (a) with respect to the same matter. 

17 ‘‘(f) A point of order under subparagraph (a) may 

18 be waived only by a motion agreed to by the affirmative 

19 vote of three-fifths of the Senators duly chosen and sworn. 

20 If an appeal is taken from the ruling of the Presiding Offi21 cer with respect to such a point of order, the ruling of 

22 the Presiding Officer shall be sustained absent an affirma23 tive vote of three-fifths of the Senators duly chosen and 

24 sworn. 


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1 ‘‘(g) Notwithstanding any other rule of the Senate, 

2 it shall be in order for a Senator to raise a single point 

3 of order that several provisions of a general appropriation 

4 bill or an amendment between the Houses on a general 

5 appropriation bill violate subparagraph (a). The Presiding 

6 Officer may sustain the point of order as to some or all 

7 of the provisions against which the Senator raised the 

8 point of order. If the Presiding Officer so sustains the 

9 point of order as to some or all of the provisions against 

10 which the Senator raised the point of order, then only 

11 those provisions against which the Presiding Officer sus12 tains the point of order shall be deemed stricken pursuant 

13 to this paragraph. Before the Presiding Officer rules on 

14 such a point of order, any Senator may move to waive 

15 such a point of order, in accordance with subparagraph 

16 (f), as it applies to some or all of the provisions against 

17 which the point of order was raised. Such a motion to 

18 waive is amendable in accordance with the rules and prece19 dents of the Senate. After the Presiding Officer rules on 

20 such a point of order, any Senator may appeal the ruling 

21 of the Presiding Officer on such a point of order as it 

22 applies to some or all of the provisions on which the Pre23 siding Officer ruled. 

24 ‘‘(h) For purposes of this paragraph: 


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1 ‘‘(1) The term ‘new or general legislation’ has 

2 the meaning given that term when it is used in para3 graph 2 of this rule. 

4 ‘‘(2) The term ‘new matter’ means matter not 

5 committed to conference by either House of Con6 gress. 

7 ‘‘(3)(A) The term ‘unauthorized appropriation’ 

8 means a ‘congressionally directed spending item’ as 

9 defined in rule XLIV— 

10 ‘‘(i) that is not specifically authorized by 

11 law or Treaty stipulation (unless the appropria12 tion has been specifically authorized by an Act 

13 or resolution previously passed by the Senate 

14 during the same session or proposed in pursu15 ance of an estimate submitted in accordance 

16 with law); or 

17 ‘‘(ii) the amount of which exceeds the 

18 amount specifically authorized by law or Treaty 

19 stipulation (or specifically authorized by an Act 

20 or resolution previously passed by the Senate 

21 during the same session or proposed in pursu22 ance of an estimate submitted in accordance 

23 with law) to be appropriated. 

24 ‘‘(B) An appropriation is not specifically au25 thorized if it is restricted or directed to, or authorVerDate Nov 24 2008 04:16 Jan 12, 2009 Jkt 079200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S162.IS S162

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1 ized to be obligated or expended for the benefit of, 

2 an identifiable person, program, project, entity, or 

3 jurisdiction by earmarking or other specification, 

4 whether by name or description, in a manner that is 

5 so restricted, directed, or authorized that it applies 

6 only to a single identifiable person, program, project, 

7 entity, or jurisdiction, unless the identifiable person, 

8 program, project, entity, or jurisdiction to which the 

9 restriction, direction, or authorization applies is de10 scribed or otherwise clearly identified in a law or 

11 Treaty stipulation (or an Act or resolution pre12 viously passed by the Senate during the same ses13 sion or in the estimate submitted in accordance with 

14 law) that specifically provides for the restriction, di15 rection, or authorization of appropriation for such 

16 person, program, project, entity, or jurisdiction. 

17 ‘‘10. (a) On a point of order made by any Senator, 

18 no new or general legislation, nor any unauthorized appro19 priation, new matter, or nongermane matter may be in20 cluded in any conference report on a general appropriation 

21 bill. 

22 ‘‘(b) If the point of order against a conference report 

23 under subparagraph (a) is sustained— 

24 ‘‘(1) the new or general legislation, unauthor25 ized appropriation, new matter, or nongermane matVerDate Nov 24 2008 04:16 Jan 12, 2009 Jkt 079200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S162.IS S162

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1 ter in such conference report shall be deemed to 

2 have been struck; 

3 ‘‘(2) any modification of total amounts appro4 priated necessary to reflect the deletion of the mat5 ter struck shall be deemed to have been made; 

6 ‘‘(3) when all other points of order under this 

7 paragraph have been disposed of— 

8 ‘‘(A) the Senate shall proceed to consider 

9 the question of whether the Senate should re10 cede from its amendment to the House bill, or 

11 its disagreement to the amendment of the 

12 House, and concur with a further amendment, 

13 which further amendment shall consist of only 

14 that portion of the conference report not 

15 deemed to have been struck (together with any 

16 modification of total amounts appropriated); 

17 ‘‘(B) the question shall be debatable; and 

18 ‘‘(C) no further amendment shall be in 

19 order; and 

20 ‘‘(4) if the Senate agrees to the amendment, 

21 then the bill and the Senate amendment thereto 

22 shall be returned to the House for its concurrence 

23 in the amendment of the Senate. 

24 ‘‘(c) The disposition of a point of order made under 

25 any other paragraph of this rule, or under any other 


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1 Standing Rule of the Senate, that is not sustained, or is 

2 waived, does not preclude, or affect, a point of order made 

3 under subparagraph (a) with respect to the same matter. 

4 ‘‘(d) A point of order under subparagraph (a) may 

5 be waived only by a motion agreed to by the affirmative 

6 vote of three-fifths of the Senators duly chosen and sworn. 

7 If an appeal is taken from the ruling of the Presiding Offi8 cer with respect to such a point of order, the ruling of 

9 the Presiding Officer shall be sustained absent an affirma10 tive vote of three-fifths of the Senators duly chosen and 

11 sworn. 

12 ‘‘(e) Notwithstanding any other rule of the Senate, 

13 it shall be in order for a Senator to raise a single point 

14 of order that several provisions of a conference report on 

15 a general appropriation bill violate subparagraph (a). The 

16 Presiding Officer may sustain the point of order as to 

17 some or all of the provisions against which the Senator 

18 raised the point of order. If the Presiding Officer so sus19 tains the point of order as to some or all of the provisions 

20 against which the Senator raised the point of order, then 

21 only those provisions against which the Presiding Officer 

22 sustains the point of order shall be deemed stricken pursu23 ant to this paragraph. Before the Presiding Officer rules 

24 on such a point of order, any Senator may move to waive 

25 such a point of order, in accordance with subparagraph 


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1 (d), as it applies to some or all of the provisions against 

2 which the point of order was raised. Such a motion to 

3 waive is amendable in accordance with the rules and prece4 dents of the Senate. After the Presiding Officer rules on 

5 such a point of order, any Senator may appeal the ruling 

6 of the Presiding Officer on such a point of order as it 

7 applies to some or all of the provisions on which the Pre8 siding Officer ruled. 

9 ‘‘(f) For purposes of this paragraph: 

10 ‘‘(1) The terms ‘new or general legislation’, 

11 ‘new matter’, and ‘unauthorized appropriation’ have 

12 the same meaning as in paragraph 9. 

13 ‘‘(2) The term ‘nongermane matter’ has the 

14 same meaning as in rule XXII and under the prece15 dents attendant thereto, as of the beginning of the 

16 110th Congress.’’. 

17 (b) REQUIRING CONFERENCE REPORTS TO BE

18 SEARCHABLE ONLINE.—Paragraph 3(a)(2) of rule XLIV 

19 of the Standing Rules of the Senate is amended by insert20 ing ‘‘in an searchable format’’ after ‘‘available’’. 

21 SEC. 3. LOBBYING ON BEHALF OF RECIPIENTS OF FED22 ERAL FUNDS. 

23 The Lobbying Disclosure Act of 1995 is amended by 

24 adding after section 5 the following: 


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1 ‘‘SEC. 5A. REPORTS BY RECIPIENTS OF FEDERAL FUNDS. 

2 ‘‘(a) IN GENERAL.—A recipient of Federal funds 

3 shall file a report as required by section 5(a) containing— 

4 ‘‘(1) the name of any lobbyist registered under 

5 this Act to whom the recipient paid money to lobby 

6 on behalf of the Federal funding received by the re7 cipient; and 

8 ‘‘(2) the amount of money paid as described in 

9 paragraph (1). 

10 ‘‘(b) DEFINITION.—In this section, the term ‘recipi11 ent of Federal funds’ means the recipient of Federal funds 

12 constituting an award, grant, or loan.’’. 

Æ 


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