[Congressional Record (Bound Edition), Volume 152 (2006), Part 3]
[Senate]
[Pages 2922-2938]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 2933. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill S. 2349, to provide greater transparency in the 
legislative process; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. MAKING SENATE HOLDS PUBLIC.

       Rule VII of the Standing Rules of the Senate is amended by 
     adding at the end the following:
       ``7. Intent to object to (to hold) a motion or matter, 
     including Legislative and Executive Calendar items and 
     unanimous consent agreements, shall be printed in a distinct 
     section of the Congressional Record not later than 2 session 
     days after such intent has been communicated to party 
     leadership.''.
                                 ______
                                 
  SA 2934. Mr. INHOFE (for himself and Mr. Lott) submitted an amendment 
intended to be proposed by him to the bill S. 2349, to provide greater 
transparency in the legislative process; as follows:

       At the appropriate place in the bill, insert the following:

     SEC. __. AMOUNTS OF COLA ADJUSTMENTS NOT PAID TO CERTAIN 
                   MEMBERS OF CONGRESS.

       (a) In General.--Any adjustment under section 601(a) of the 
     Legislative Reorganization Act of 1946 (2 U.S.C. 31) 
     (relating to the cost of living adjustments for Members of 
     Congress) shall not be paid to any Member of Congress who 
     voted for any amendment (or against the tabling of any 
     amendment) that provided that such adjustment would not be 
     made.
       (b) Deposit in Treasury.--Any amount not paid to a Member 
     of Congress under subsection (a) shall be transmitted to the 
     Treasury for deposit in the appropriations account under the 
     subheading ``medical services'' under the heading ``Veterans 
     Health Administration''.
       (c) Administration.--The salary of any Member of Congress 
     to whom subsection (a) applies shall be deemed to be the 
     salary in effect after the application of that subsection, 
     except that for purposes of determining any benefit 
     (including any retirement or insurance benefit), the salary 
     of that Member of Congress shall be deemed to be the salary 
     that Member of Congress would have received, but for that 
     subsection.
       (d) Effective Date.--This section shall take effect on the 
     first day of the first applicable pay period beginning on or 
     after February 1, 2007.
                                 ______
                                 
  SA 2935. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill S. 2349, to provide greater transparency in the 
legislative process; which was ordered to lie on the table; as follows:

       On page 221, strike line 7 and insert the following:

     SEC. 221. CRIMINAL PENALTIES.

       Section 18 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 
     16(1)) is amended by--
       (1) striking ``An organization'' and inserting the 
     following:
       ``(a) In General.--An organization''; and
       (2) adding at the end the following:
       ``(b) Criminal Penalty.--An officer of an organization 
     described in section 501(c) of the Internal Revenue Code of 
     1986 who engages in lobbying activities with Federal funds as 
     prohibited by this section shall be imprisoned for not more 
     than 5 years and fined under title 18 of the United States 
     Code, or both.''.

     SEC. 222. EFFECTIVE DATE.

                                 ______
                                 
  SA 2936. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill S. 2349, to provide greater transparency in the 
legislative process; which was ordered to lie on the table; as follows:

       On page 40, after line 2, insert the following:
       (c) Senior Executive Personnel Generally.--Section 207(a) 
     of title 18, United States Code, is amended by adding at the 
     end the following:
       ``(4) One-year restrictions on certain employees of the 
     executive branch and independent agencies.--Any person who is 
     an officer or employee in the Senior Executive Service, is 
     employed in a position subject to section 5108 of title 5, is 
     employed in a position subject to section 3104 of title 5, or 
     is employed in a position equivalent to a level 14 position 
     in the General Schedule (GS-14) (including any special 
     Government employee) of the executive branch of the United 
     States (including an independent agency) and who, within 1 
     year after the termination of his or her service or 
     employment as such officer or employee, knowingly makes, with 
     the intent to influence, any communication to or appearance 
     before any officer or employee of the department or agency in 
     which such person served within 1 year before such 
     termination, on behalf of any other person (except the United 
     States), in connection with any matter on which such person 
     seeks official action by any officer or employee of such 
     department or agency, shall be punished as provided in 
     section 216 of this title.''.
                                 ______
                                 
  SA 2937. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill S. 2349, to provide greater transparency in the 
legislative process; which was ordered to lie on the table; as follows:

       On page 34, strike line 7 and insert the following:

     SEC. 221. COVERAGE OF ALL EXECUTIVE BRANCH EMPLOYEES.

       Section 3(3) of the Lobbying Disclosure Act of 1995 (2 
     U.S.C. 1602(3)) is amended--
       (1) in subparagraph (E), by striking ``and'' after the 
     semicolon;
       (2) in subparagraph (F), by striking the period and 
     inserting ``; and'';
       (3) by adding at the end the following:
       ``(6) any other employee of the executive branch.''.

     SEC. 222. EFFECTIVE DATE.

                                 ______
                                 
  SA 2938. Mr. SANTORUM (for himself, Mr. McCain, Mr. Feingold, and Mr. 
Lieberman) submitted an amendment intended to be proposed by him to the 
bill S. 2349, to provide greater transparency in the legislative 
process; which was ordered to lie on the table; as follows:

       Beginning on page 10, strike line 19 and all that follows 
     through page 12, line 14, and insert the following:
       (b) Disclosure and Payment of Noncommercial Air Travel.--
       (1) Rules.--
       (A) Disclosure and payment.--Paragraph 2 of rule XXXV of 
     the Standing Rules of the Senate, as amended by subsection 
     (a), is amended by adding at the end the following:
       ``(g) A Member, officer, or employee of the Senate shall--
       ``(1) disclose a flight on an aircraft that is not licensed 
     by the Federal Aviation Administration to operate for 
     compensation or hire, excluding a flight on an aircraft 
     owned, operated, or leased by a governmental entity, taken in 
     connection with the duties of the Member, officer, or 
     employee as an officeholder or Senate officer or employee;
       ``(2) reimburse the owner or lessee of the aircraft for the 
     pro rata share of the fair market value of such flight (as 
     determined by dividing the fair market value of the normal 
     and usual charter fare or rental charge for a comparable 
     plane of appropriate size by the number of members, officers, 
     or employees of the Congress on the flight);
       ``(3) with respect to the flight, file a report with the 
     Secretary of the Senate, including the date, destination, and 
     owner or lessee of the aircraft, the purpose of the trip, and 
     the persons on the trip, except for any person flying the 
     aircraft.''.
       (B) Fair market value of noncommercial air travel.--
     Paragraph 1(c)(1) of rule XXXV of the Standing Rules of the 
     Senate is amended--
       (i) by inserting (A) after (1); and
       (ii) by adding at the end the following:
       ``(B) Fair market value for a flight on an aircraft that is 
     not licensed by the Federal Aviation Administration to 
     operate for compensation or hire shall be the fair market 
     value of the normal and usual charter fare or rental charge 
     for a comparable plane of appropriate size.''.
       (C) Reimbursement.--Paragraph 1 of rule XXXVIII of the 
     Standing Rules of the Senate is amended by adding at the end 
     the following:
       ``(c) Use of an aircraft that is not licensed by the 
     Federal Aviation Administration to operate for compensation 
     or hire shall be valued for purposes of reimbursement under 
     this rule as provided in paragraph 2(g)(2) of rule XXXV.''.
       (2) FECA.--
       (A) Disclosure.--Section 304(b) of the Federal Election 
     Campaign Act of 1971 (2 U.S.C. 434(b)) is amended--
       (i) by striking ``and'' at the end of paragraph (7);
       (ii) by striking the period at the end of paragraph (8) and 
     inserting ``; and''; and
       (iii) by adding at the end the following new paragraph:
       ``(9) in the case of a principal campaign committee of a 
     candidate (other than a candidate for election to the office 
     of President or Vice President), any flight taken by the 
     candidate (other than a flight designated to transport the 
     President, Vice President, or a candidate for election to the 
     office of President or Vice President) during the reporting 
     period on an aircraft that is not licensed by the Federal 
     Aviation Administration to operate for compensation or hire, 
     together with the following information:
       ``(A) The date of the flight.

[[Page 2923]]

       ``(B) The destination of the flight.
       ``(C) The owner or lessee of the aircraft.
       ``(D) The purpose of the flight.
       ``(E) The persons on the flight, except for any person 
     flying the aircraft.''.
       (B) Exclusion of paid flight from definition of 
     contribution.--Subparagraph (B) of section 301(8) of the 
     Federal Election Campaign Act of 1971 (2 U.S.C. 431(8)(B)) is 
     amended--
       (i) in clause (xiii), by striking ``and'' at the end;
       (ii) in clause (xiv), by striking the period at the end and 
     inserting ``; and''; and
       (iii) by adding at the end the following new clause:
       ``(xv) any travel expense for a flight taken by the 
     candidate (other than a flight designated to transport the 
     President, Vice President, or a candidate for election to the 
     office of President or Vice President) on an aircraft that is 
     not licensed by the Federal Aviation Administration to 
     operate for compensation or hire: Provided, That the 
     candidate (or the authorized committee of the candidate) pays 
     to the owner, lessee, or other individual who provides the 
     airplane the pro rata share of the fair market value of such 
     flight (as determined by dividing the fair market value of 
     the normal and usual charter fare or rental charge for a 
     comparable plane of appropriate size by the number candidates 
     on the flight) by not later than 7 days after the date on 
     which the flight is taken.''.
                                 ______
                                 
  SA 2939. Mr. SANTORUM (for himself and Mr. McCain) submitted an 
amendment intended to be proposed by him to the bill S. 2349, to 
provide greater transparency in the legislative process; which was 
ordered to lie on the table; as follows:

       On page 8, strike lines 6 through 16 and insert the 
     following:
       ``(B) This clause shall not apply to a gift from a 
     registered lobbyist or an agent of a foreign principal.''.
                                 ______
                                 
  SA 2940. Mr. SANTORUM submitted an amendment intended to be proposed 
by him to the bill S. 2349, to provide greater transparency in the 
legislative process; which was ordered to lie on the table; as follows:

       On page 40, after line 24, insert the following:

     SEC. 252. CONTACTS WITH REPRESENTATIVES, OFFICIALS, AND 
                   FOREIGN AGENTS OF GOVERNMENTS DESIGNATED AS 
                   STATE SPONSORS OF TERRORISM.

       The Lobbying Disclosure Act of 1995 (2 U.S.C. 1601 et seq.) 
     is amended by adding at the end the following:

     ``SEC. 26. NOTIFICATION OF CONTACTS WITH REPRESENTATIVES AND 
                   OFFICIALS OF GOVERNMENTS DESIGNATED AS STATE 
                   SPONSORS OF TERRORISM.

       ``(a) Notification of Contacts With Representatives and 
     Officials of Governments Designated as State Sponsors of 
     Terrorism.--
       ``(1) In general.--A Member of Congress and any legislative 
     branch employee shall, on a quarterly basis, disclose and 
     report to the Secretary of State any contact with a 
     representative, official, or foreign agent of a government 
     that has been designated as a state sponsor of terrorism by 
     the Department of State.
       ``(2) Submission.--A report required by paragraph (1) shall 
     be submitted to the Secretary of State, or a person that the 
     Secretary designates as an appropriate recipient.
       ``(3) Report to congressional committee.--The Secretary of 
     State shall provide, on a quarterly basis, the Committee on 
     Foreign Relations of the Senate, the Committee on 
     International Affairs of the House of Representatives, the 
     Appropriations Subcommittee on State, Foreign Operations, and 
     Related Programs of the Senate, and the Appropriations 
     Subcommittee on Foreign Operations, Export Financing, and 
     Related Programs of the House of Representatives with a 
     report listing the names of those individuals who have 
     notified the Secretary of contacts described in paragraph 
     (1).
       ``(b) Congressional Disclosure.--
       ``(1) In general.--A Member of Congress and any legislative 
     branch employee shall, on a quarterly basis, disclose and 
     report to the Secretary of the Senate or the Clerk of the 
     House of Representatives, as appropriate, any contact with a 
     representative, official, or foreign agent of a government 
     that has been designated as a state sponsor of terrorism by 
     the Department of State.
       ``(2) Report to congressional committees.--The Secretary of 
     the Senate and Clerk of the House of Representatives shall 
     provide, on a quarterly basis, the Committee on Foreign 
     Relations of the Senate, the Committee on International 
     Affairs of the House of Representatives, the Appropriations 
     Subcommittee on State, Foreign Operations, and Related 
     Programs of the Senate, and the Appropriations Subcommittee 
     on Foreign Operations, Export Financing, and Related Programs 
     of the House of Representatives with a report listing the 
     names of those individuals who have notified the Secretary of 
     contacts described in paragraph (1).''.
                                 ______
                                 
  SA 2941. Mr. SANTORUM submitted an amendment intended to be proposed 
by him to the bill S. 2349, to provide greater transparency in the 
legislative process; which was ordered to lie on the table; as follows:

       On page 25, line 11, strike ``$100,000'' and insert 
     ``$200,000''.
                                 ______
                                 
  SA 2942. Mr. DODD (for himself, Mr. Santorum, Mr. Obama, Mr. McCain, 
and Mr. Lieberman) submitted an amendment intended to be proposed by 
him to the bill S. 2349, to provide greater transparency in the 
legislative process; as follows:

       On page 8, strike lines 8 through 16.
                                 ______
                                 
  SA 2943. Mrs. BOXER (for herself, Mr. Kerry, and Mr. Lautenberg) 
submitted an amendment intended to be proposed by her to the bill S. 
2349, to provide greater transparency in the legislative process; which 
was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. DISCLOSURE OF WHITE HOUSE CONTACTS WITH JACK 
                   ABRAMOFF.

       (a) Findings.--The Senate finds the following:
       (1) Public confidence in Government has been undermined by 
     widespread reports of public corruption involving Jack 
     Abramoff, including indictments and plea agreements that cite 
     alleged wrongdoing by senior public officials.
       (2) Public perception of a culture of corruption undermines 
     the people's faith in their Government representatives and 
     our system of Government.
       (3) Due to the serious nature of Jack Abramoff's crimes and 
     continuing allegations of corruption involving him, public 
     confidence in the Government can be restored only if there is 
     full disclosure of his contacts with the President, White 
     House staff, and senior executive branch officials.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that the White House should immediately and publicly disclose 
     each visit and meeting between Jack Abramoff and the 
     President, White House staff, or senior executive branch 
     officials, which should include the date, list of attendees, 
     purpose of the visit or meeting, any documentation associated 
     with the visit or meeting, including any photographs, and any 
     action taken or withheld by the Government as a result of the 
     contact.
                                 ______
                                 
  SA 2944. Mr. WYDEN (for himself, Mr. Grassley, and Mr. Inhofe) 
submitted an amendment intended to be proposed by him to the bill S. 
2349, to provide greater transparency in the legislative process; as 
follows:

       At the end of title I, add the following:

     SEC. __. REQUIREMENT OF NOTICE OF INTENT TO PROCEED.

       (a) In General.--The majority and minority leaders of the 
     Senate or their designees shall recognize a notice of intent 
     of a Senator who is a member of their caucus to object to 
     proceeding to a measure or matter only if the Senator--
       (1) submits the notice of intent in writing to the 
     appropriate leader or their designee; and
       (2) within 3 session days after the submission under 
     paragraph (1), submits for inclusion in the Congressional 
     Record and in the applicable calendar section described in 
     subsection (b) the following notice:
       ``I, Senator __, intend to object to proceeding to __, 
     dated __.''.
       (b) Calendar.--The Secretary of the Senate shall establish 
     for both the Senate Calendar of Business and the Senate 
     Executive Calendar a separate section entitled ``Notices of 
     Intent to Object to Proceeding''. Each section shall include 
     the name of each Senator filing a notice under subsection 
     (a)(2), the measure or matter covered by the calendar that 
     the Senator objects to, and the date the objection was filed.
       (c) Removal.--A Senator may have an item with respect to 
     the Senator removed from a calendar to which it was added 
     under subsection (b) by submitting for inclusion in the 
     Congressional Record the following notice:
       ``I, Senator __, do not object to proceeding to __, dated 
     __.''.
                                 ______
                                 
  SA 2945. Mr. BURNS submitted an amendment intended to be proposed by 
him to the bill S. 2349, to provide greater transparency in the 
legislative process; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. ESTABLISHMENT OF SENATE ETHICS AUDIT OFFICE.

       (a) Establishment.--There is established in the Senate an 
     independent, nonpartisan office to be known as the ``Senate 
     Ethics Audit Office'' (referred to in this resolution as the 
     ``Office'') which shall be an independent, investigative arm 
     of the Select

[[Page 2924]]

     Committee on Ethics authorized to conduct audits each 
     Member's personal offices as provided in this resolution.
       (b) Director.--
       (1) In general.--The Office shall be headed by a Senate 
     Ethics Audit Office Director (referred to in this resolution 
     as the ``Director''). The Director shall be appointed by the 
     President pro tempore of the Senate from among 
     recommendations submitted by the majority and minority 
     leaders of the Senate. Any appointment made under this 
     subsection shall be made without regard to political 
     affiliation and solely on the basis of fitness to perform the 
     duties of the position. Any person appointed as Director 
     shall be learned in ethics law and audit process, a member of 
     the bar of a State or the District of Columbia or a certified 
     public accountant, and shall not engage in any other 
     business, vocation, or employment during the term of such 
     appointment.
       (2) Terms of service.--Any appointment made under paragraph 
     (1) shall become effective upon approval by resolution of the 
     Senate. The Director shall be appointed for a term of service 
     which shall expire at the end of the Congress following the 
     Congress during which the Director is appointed except that 
     the Senate may, by resolution, remove the Director prior to 
     the termination of any term of service. The Director may be 
     reappointed at the termination of any term of service.
       (3) Compensation.--The Director shall receive compensation 
     at a rate equal to the annual rate of basic pay for level III 
     of the Executive Schedule under section 5314 of Title 5.
       (4) Staff.--The Director shall hire such additional staff 
     as are required to carry out this section, including other 
     attorneys, investigators, and accountants.
       (c) Responsibilities.--
       (1) In general.--The Office shall conduct annual audits of 
     each Senator and his or her immediate family, each Senator's 
     personal office, and the Senator's staff to ensure compliance 
     with the rules of the Select Committee on Ethics and other 
     related rules and guidelines as provided in paragraph (2).
       (2) Audits and training.--The Office shall--
       (A) conduct unannounced, random audits of each Senator and 
     his or her immediate family, each Senator's personal office, 
     and the Senator's staff to ensure compliance with the rules 
     of the Select Committee on Ethics and other related rules and 
     guidelines;
       (B) audit the appropriate filing, archiving, and retention 
     of documents related to the compliance of established ethics 
     rules and other related rules and guidelines for each 
     Senator's personal office, including the mailing of 499's, 
     the use of the Frank, gifts, any and all travel, and other 
     such matters;
       (C) examine, if applicable, any campaign related work as it 
     relates to Senate ethics rules that has been performed in 
     compliance with established guidelines (such as political 
     fund designees, de minimis use of government equipment for 
     non-related government work, and other appropriate 
     guidelines);
       (D) examine any contributions made to a Senator's office by 
     any outside entity (foreign government, lobbyist, or 
     otherwise) to ensure--
       (i) proper compliance with established gift laws; and
       (ii) that those gifts are properly documented in accordance 
     with established ethics rules and guidelines;
       (E) examine the Senator and the Senator's office to ensure 
     proper financial disclosures regarding payroll, gifts, 
     reimbursements, and other necessary financial disclosures 
     with established ethics rules and guidelines;
       (F) require that each Senator's office make available the 
     report of findings of the Office to the public in appropriate 
     venues for examination, including a publicly available 
     website;
       (G) ensure that no conflict of interest exists between the 
     execution of the Senator's duties, the Senator's staff's 
     duties, and any previous employment;
       (H) require each Senator's office to detail on a proper 
     form all current outside employment and submit the form every 
     6 months to the Office;
       (I)(i) ensure that any travel and necessarily associated 
     expenses are performed and reported appropriately under 
     established rules and guidelines; and
       (ii) require a new RE-4 for travel paid for by tribal 
     entities and sovereign nations/foreign governments and an RE-
     5 for CODEL travel for filing and for compliance;
       (J) examine any potential impropriety in payments, or other 
     gifts to a Senator and his or her immediate family, each 
     Senator's personal office, the Senator's senior staff, and 
     the immediate family members of senior staff, with the 
     Senator's senior staff being listed and disclosed with the 
     independent audit report to avoid any confusion;
       (K) provide training opportunities and work closely with 
     relevant personnel inside the Senator's personal office to 
     recognize and rectify any violations, enabling each office 
     the ability to internally recognize and eliminate potential 
     violations of established ethics rules and guidelines; and
       (L) make recommendations to Senators concerning office 
     ethics policy or practice improvement.
                                 ______
                                 
  SA 2946. Mr. McCAIN (for himself, Mr. Coburn, Mr. Ensign, Mr. 
Feingold, Mr. Kyl, Mr. DeMint, Mr. Sununu, and Mr. Graham) submitted an 
amendment intended to be proposed by him to the bill S. 2349, to 
provide greater transparency in the legislative process; which was 
ordered to lie on the table; as follows:

       On page 5, line 21, strike ``24 hours'' and insert ``48 
     hours''.
       On page 16, between lines 3 and 4, insert the following:

     SEC. 114. REFORM OF CONSIDERATION OF APPROPRIATIONS BILLS IN 
                   THE SENATE.

       (a) In General.--Paragraph 1 of Rule XVI of the Standing 
     Rules of the Senate is amended to read as follows:
       ``1. (a) On a point of order made by any Senator:
       ``(1) No new or general legislation nor any 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 new or general legislation nor any unauthorized 
     appropriation, new matter, or nongermane matter may be 
     included in any conference report on a general appropriation 
     bill.
       ``(4) No unauthorized appropriation may be included in any 
     amendment between the Houses, or any amendment thereto, in 
     relation to a general appropriation bill.
       ``(b)(1) If a point of order under subparagraph (a)(1) 
     against a Senate bill is sustained, then--
       ``(A) the new or general legislation or unauthorized 
     appropriation shall be struck from the bill; and
       ``(B) any modification of total amounts appropriated 
     necessary to reflect the deletion of the matter struck from 
     the bill shall be made and the allocation of discretionary 
     budgetary resources allocated under section 302(a)(2) of the 
     Congressional Budget Act of 1974 (2 U.S.C. 633(a)(2)) shall 
     be reduced accordingly.
       ``(2) If a point of order under subparagraph (a)(1) against 
     an Act of the House of Representatives is sustained, then an 
     amendment to the House bill is deemed to have been adopted 
     that--
       ``(A) strikes the new or general legislation or 
     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 and reduces the allocation of 
     discretionary budgetary resources allocated under section 
     302(a)(2) of the Congressional Budget Act of 1974 (2 U.S.C. 
     633(a)(2)) accordingly.
       ``(c) If the point of order against an amendment under 
     subparagraph (a)(2) is sustained, then the amendment shall be 
     out of order and may not be considered.
       ``(d) If the point of order against a conference report 
     under subparagraph (a)(3) is sustained, then--
       ``(1) the new or general legislation, unauthorized 
     appropriation, new matter, or nongermane matter in such 
     conference report shall be deemed to have been struck;
       ``(2) any modification of total amounts appropriated 
     necessary to reflect the deletion of the matter struck shall 
     be deemed to have been made and the allocation of 
     discretionary budgetary resources allocated under section 
     302(a)(2) of the Congressional Budget Act of 1974 (2 U.S.C. 
     633(a)(2)) shall be deemed to be reduced accordingly;
       ``(3) when all other points of order under this paragraph 
     have been disposed of--
       ``(A) 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 and 
     reduction in the allocation of discretionary budgetary 
     resources allocated under section 302(a)(2) of the 
     Congressional Budget Act of 1974 (2 U.S.C. 633(a)(2)) deemed 
     to have been made);
       ``(B) the question shall be debatable; and
       ``(C) no further amendment shall be in order; and
       ``(4) 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.
       ``(e)(1) If a point of order under subparagraph (a)(4) 
     against a Senate amendment is sustained, then--
       ``(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 the allocation of 
     discretionary budgetary resources allocated under section 
     302(a)(2) of the Congressional Budget Act of 1974 (2 U.S.C. 
     633(a)(2)) shall be reduced accordingly; and
       ``(C) after all other points of order under this paragraph 
     have been disposed of, the

[[Page 2925]]

     Senate shall proceed to consider the amendment as so 
     modified.
       ``(2) If a point of order under subparagraph (a)(4) against 
     a House amendment is sustained, then--
       ``(A) an amendment to the House amendment is deemed to have 
     been adopted that--
       ``(i) strikes the new or general legislation or 
     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 reduces the 
     allocation of discretionary budgetary resources allocated 
     under section 302(a)(2) of the Congressional Budget Act of 
     1974 (2 U.S.C. 633(a)(2)) accordingly; and
       ``(B) after all other points of order under this paragraph 
     have been disposed of, the Senate shall proceed to consider 
     the question of whether to concur with further amendment.
       ``(f) The disposition of a point of order made under any 
     other paragraph of this Rule, 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 
     subparagraph (a) with respect to the same matter.
       ``(g) A point of order under subparagraph (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.
       ``(h) 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, a conference report on a general appropriation bill, or 
     an amendment between the Houses on a general appropriation 
     bill violate subparagraph (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. 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 paragraph. 
     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 subparagraph (g), 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.
       ``(i) Notwithstanding any provision of the Congressional 
     Budget Act of 1974 (2 U.S.C. 621 et seq.), no point of order 
     provided for under that Act shall lie against the striking of 
     any matter, the modification of total amounts to reflect the 
     deletion of matter struck, or the reduction of an allocation 
     of discretionary budgetary resources allocated under section 
     302(a)(2) of the Congressional Budget Act of 1974 (2 U.S.C. 
     633(a)(2)) to reflect the deletion of matter struck (or to 
     the bill, amendment, or conference report as affected by such 
     striking, modification, or reduction) pursuant to a point of 
     order under this paragraph.
       ``(j) For purposes of this paragraph:
       ``(1)(A) The term `unauthorized appropriation' means an 
     appropriation--
       ``(i) 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
       ``(ii) 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.
       ``(B) An appropriation is not specifically authorized if it 
     is restricted or directed to, or authorized to be obligated 
     or expended for the benefit of, an identifiable person, 
     program, project, entity, or jurisdiction by earmarking or 
     other specification, whether by name or description, in a 
     manner that--
       ``(i) discriminates against other persons, programs, 
     projects, entities, or jurisdictions similarly situated that 
     would be eligible, but for the restriction, direction, or 
     authorization, for the amount appropriated; or
       ``(ii) is so restricted, directed, or authorized that it 
     applies only to a single identifiable person, program, 
     project, entity, or jurisdiction, unless the identifiable 
     person, program, project, entity, or jurisdiction to which 
     the restriction, direction, or authorization applies is 
     described or otherwise clearly identified in a law or Treaty 
     stipulation (or an Act or resolution previously passed by the 
     Senate during the same session or in the estimate submitted 
     in accordance with law) that specifically provides for the 
     restriction, direction, or authorization of appropriation for 
     such person, program, project, entity, or jurisdiction.
       ``(2) The term `new or general legislation' has the meaning 
     given that term when it is used in paragraph 2 of this Rule.
       ``(3) The terms `new matter' and `nongermane matter' have 
     the same meaning as when those terms are used in Rule 
     XXVIII.''.
       (b) Prohibition on Obligation of Funds for Appropriations 
     Earmarks Included Only in Congressional Reports.--
       (1) In general.--No Federal agency may obligate any funds 
     made available in an appropriation Act to implement an 
     earmark that is included in a congressional report 
     accompanying the appropriation Act, unless the earmark is 
     also included in the appropriation Act.
       (2) Definitions.--For purposes of this subsection:
       (A) The term ``assistance'' includes a grant, loan, loan 
     guarantee, or contract.
       (B) The term ``congressional report'' means a report of the 
     Committee on Appropriations of the House of Representatives 
     or the Senate, or a joint explanatory statement of a 
     committee of conference.
       (C) The term ``earmark'' means a provision that specifies 
     the identity of an entity to receive assistance and the 
     amount of the assistance.
       (D) The term ``entity'' includes a State or locality, but 
     does not include any Federal agency.
       (3) Effective date.--This subsection shall apply to 
     appropriation Acts enacted after December 31, 2006.
       (c) 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.''.
                                 ______
                                 
  SA 2947. Mr. NELSON (for himself and Mr. Dayton) submitted an 
amendment intended to be proposed by him to the bill S. 2349, to 
provide greater transparency in the legislative process; which was 
ordered to lie on the table; as follows:

       At the end, add the following:

                          TITLE III--MEDICARE

     SEC. 301. PROTECTION FOR MEDICARE BENEFICIARIES WHO ENROLL IN 
                   THE PRESCRIPTION DRUG BENEFIT DURING 2006.

       (a) Extended Period of Open Enrollment During All of 2006 
     Without Late Enrollment Penalty.--Section 1851(e)(3)(B) of 
     the Social Security Act (42 U.S.C. 1395w-21(e)(3)(B)) is 
     amended--
       (1) in clause (iii), by striking ``May 15, 2006'' and 
     inserting ``December 31, 2006''; and
       (2) by adding at the end the following new sentence:

     ``An individual making an election during the period 
     beginning on November 15, 2006, and ending on December 15, 
     2006, shall specify whether the election is to be effective 
     with respect to 2006 or with respect to 2007 (or both).''.
       (b) One-Time Change of Plan Enrollment for Medicare 
     Prescription Drug Benefit During All of 2006.--
       (1) In general.--Section 1851(e) of the Social Security Act 
     (42 U.S.C. 1395w-21(e)) is amended--
       (A) in paragraph (2)(B)--
       (i) in the heading, by striking ``for first 6 months'';
       (ii) in clause (i), by striking ``the first 6 months of 
     2006,'' and all that follows through ``is a Medicare+Choice 
     eligible individual,'' and inserting ``2006,''; and
       (iii) in clause (ii), by inserting ``(other than during 
     2006)'' after ``paragraph (3)''; and
       (B) in paragraph (4), by striking ``2006'' and inserting 
     ``2007'' each place it appears.
       (2) Conforming amendment.--Section 1860D-1(b)(1)(B)(iii) of 
     the Social Security Act (42 U.S.C. 1395w-101(b)(1)(B)(iii)) 
     is amended by striking ``subparagraphs (B) and (C) of 
     paragraph (2)'' and inserting ``paragraph (2)(C)''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect as if included in the enactment of the 
     Medicare Prescription Drug, Improvement, and Modernization 
     Act of 2003 (Public Law 108-173).
                                 ______
                                 
  SA 2948. Mr. DORGAN (for himself, Mrs. Boxer, Mr. Dayton, Mr. 
Feingold, Mr. Harkin, Mr. Kerry, Mr. Kohl, Ms. Landrieu, Mr. 
Lautenberg, Mr. Leahy, and Mr. Salazar) submitted an amendment intended 
to be proposed by him to the bill S. 2349, to provided greater 
transparency in the legislative process; which was ordered to lie on 
the table; as follows:


[[Page 2926]]

       At the end, add the following:

     TITLE III--HONEST LEADERSHIP AND ACCOUNTABILITY IN CONTRACTING

     SEC. 301. SHORT TITLE.

       This title may be cited as the ``Honest Leadership and 
     Accountability in Contracting Act of 2006''.

               Subtitle A--Elimination of Fraud and Abuse

     SEC. 311. PROHIBITION OF WAR PROFITEERING AND FRAUD.

       (a) Prohibition.--
       (1) In general.--Chapter 47 of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 1039. War profiteering and fraud

       ``(a) Prohibition.--
       ``(1) In general.--Whoever, in any matter involving a 
     contract or the provision of goods or services, directly or 
     indirectly, in connection with a war or military action 
     knowingly and willfully--
       ``(A) executes or attempts to execute a scheme or artifice 
     to defraud the United States or the entity having 
     jurisdiction over the area in which such activities occur;
       ``(B) falsifies, conceals, or covers up by any trick, 
     scheme, or device a material fact;
       ``(C) makes any materially false, fictitious, or fraudulent 
     statements or representations, or makes or uses any 
     materially false writing or document knowing the same to 
     contain any materially false, fictitious, or fraudulent 
     statement or entry; or
       ``(D) materially overvalues any good or service with the 
     specific intent to excessively profit from the war or 
     military action;

     shall be fined under paragraph (2), imprisoned not more than 
     20 years, or both.
       ``(2) Fine.--A person convicted of an offense under 
     paragraph (1) may be fined the greater of--
       ``(A) $1,000,000; or
       ``(B) if such person derives profits or other proceeds from 
     the offense, not more than twice the gross profits or other 
     proceeds.
       ``(b) Extraterritorial Jurisdiction.--There is 
     extraterritorial Federal jurisdiction over an offense under 
     this section.
       ``(c) Venue.--A prosecution for an offense under this 
     section may be brought--
       ``(1) as authorized by chapter 211 of this title;
       ``(2) in any district where any act in furtherance of the 
     offense took place; or
       ``(3) in any district where any party to the contract or 
     provider of goods or services is located.''.
       (2) Clerical amendment.--The table of sections for chapter 
     47 of title 18, United States Code, is amended by adding at 
     the end the following:

``1039. War profiteering and fraud.''.

       (b) Civil Forfeiture.--Section 981(a)(1)(C) of title 18, 
     United States Code, is amended by inserting ``1039,'' after 
     ``1032,''.
       (c) Criminal Forfeiture.--Section 982(a)(2)(B) of title 18, 
     United States Code, is amended by striking ``or 1030'' and 
     inserting ``1030, or 1039''.
       (d) Treatment Under Money Laundering Offense.--Section 
     1956(c)(7)(D) of title 18, United States Code, is amended by 
     inserting the following: ``, section 1039 (relating to war 
     profiteering and fraud)'' after ``liquidating agent of 
     financial institution),''.

     SEC. 312. SUSPENSION AND DEBARMENT OF UNETHICAL CONTRACTORS.

       (a) In General.--Not later than 90 days after the date of 
     enactment of this Act, the Federal Acquisition Regulation 
     issued pursuant to section 25 of the Office of Federal 
     Procurement Policy Act (41 U.S.C. 421) shall be revised to 
     provide that no prospective contractor shall be considered to 
     have a satisfactory record of integrity and business ethics 
     if it--
       (1) has exhibited a pattern of overcharging the Government 
     under Federal contracts; or
       (2) has exhibited a pattern of failing to comply with the 
     law, including tax, labor and employment, environmental, 
     antitrust, and consumer protection laws.
       (b) Effective Date.--The revised regulation required by 
     this section shall apply with respect to all contracts for 
     which solicitations are issued after the date that is 90 days 
     after the date of the enactment of this Act.

     SEC. 313. DISCLOSURE OF AUDIT REPORTS.

       (a) Disclosure of Information to Congress.--
       (1) In general.--The head of each executive agency shall 
     maintain a list of audit reports issued by the agency during 
     the current and previous calendar years that--
       (A) describe significant contractor costs that have been 
     identified as unjustified, unsupported, questioned, or 
     unreasonable under any contract, task or delivery order, or 
     subcontract; or
       (B) identify significant or substantial deficiencies in any 
     business system of any contractor under any contract, task or 
     delivery order, or subcontract.
       (2) Submission of individual audits.--The head of each 
     executive agency shall provide, within 14 days of a request 
     in writing by the chairman or ranking member of a committee 
     of jurisdiction, a full and unredacted copy of--
       (A) the current version of the list maintained pursuant to 
     paragraph (1); or
       (B) any audit or other report identified on such list.
       (b) Publication of Information on Federal Contractor 
     Penalties and Violations.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Federal Procurement Data 
     System shall be modified to include--
       (A) information on instances in which any major contractor 
     has been fined, paid penalties or restitution, settled, plead 
     guilty to, or had judgments entered against it in connection 
     with allegations of improper conduct; and
       (B) information on all sole source contract awards in 
     excess of $2,000,000 entered into by an executive agency.
       (2) Publicly available website.--The information required 
     by paragraph (1) shall be made available through the publicly 
     available website of the Federal Procurement Data System.

                      Subtitle B--Contract Matters

                   PART I--COMPETITION IN CONTRACTING

     SEC. 321. PROHIBITION ON AWARD OF MONOPOLY CONTRACTS.

       (a) Civilian Agency Contracts.--Section 303H(d) of the 
     Federal Property and Administrative Services Act of 1949 (41 
     U.S.C. 253h(d)) is amended by adding at the end the following 
     new paragraph:
       ``(4)(A) No task or delivery order contract in an amount 
     estimated to exceed $100,000,000 (including all options) may 
     be awarded to a single contractor unless the head of the 
     agency determines in writing that--
       ``(i) because of the size, scope, or method of performance 
     of the requirement, it would not be practical to award 
     multiple task or delivery order contracts;
       ``(ii) the task orders expected under the contract are so 
     integrally related that only a single contractor can 
     reasonably perform the work; or
       ``(iii) for any other reason, it is necessary in the public 
     interest to award the contract to a single contractor.
       ``(B) The head of the agency shall notify Congress within 
     30 days of any determination under subparagraph (A)(iii).''.
       (b) Defense Contracts.--Section 2304a(d) of title 10, 
     United States Code, is amended by adding at the end the 
     following new paragraph:
       ``(4)(A) No task or delivery order contract in an amount 
     estimated to exceed $100,000,000 (including all options) may 
     be awarded to a single contractor unless the head of the 
     agency determines in writing that--
       ``(i) because of the size, scope, or method of performance 
     of the requirement, it would not be practical to award 
     multiple task or delivery order contracts;
       ``(ii) the task orders expected under the contract are so 
     integrally related that only a single contractor can 
     reasonably perform the work; or
       ``(iii) for any other reason, it is necessary in the public 
     interest to award the contract to a single contractor.
       ``(B) The head of the agency shall notify Congress within 
     30 days of any determination under subparagraph (A)(iii).''.

     SEC. 322. COMPETITION IN MULTIPLE AWARD CONTRACTS.

       (a) Regulations Required.--Not later than 180 days after 
     the date of the enactment of this section, the Federal 
     Acquisition Regulation shall be revised to require 
     competition in the purchase of goods and services by each 
     executive agency pursuant to multiple award contracts.
       (b) Content of Regulations.--(1) The regulations required 
     by subsection (a) shall provide, at a minimum, that each 
     individual purchase of goods or services in excess of 
     $1,000,000 that is made under a multiple award contract shall 
     be made on a competitive basis unless a contracting officer 
     of the executive agency--
       (A) waives the requirement on the basis of a determination 
     that--
       (i) one of the circumstances described in paragraphs (1) 
     through (4) of section 303J(b) of the Federal Property and 
     Administrative Services Act of 1949 (41 U.S.C. 253j(b)) 
     applies to such individual purchase; or
       (ii) a statute expressly authorizes or requires that the 
     purchase be made from a specified source; and
       (B) justifies the determination in writing.
       (2) For purposes of this subsection, an individual purchase 
     of goods or services is made on a competitive basis only if 
     it is made pursuant to procedures that--
       (A) require fair notice of the intent to make that purchase 
     (including a description of the work to be performed and the 
     basis on which the selection will be made) to be provided to 
     all contractors offering such goods or services under the 
     multiple award contract; and
       (B) afford all contractors responding to the notice a fair 
     opportunity to make an offer and have that offer fairly 
     considered by the official making the purchase.
       (3) Notwithstanding paragraph (2), notice may be provided 
     to fewer than all contractors offering such goods or services 
     under a multiple award contract described in subsection 
     (c)(2)(A) if notice is provided to as many contractors as 
     practicable.
       (4) A purchase may not be made pursuant to a notice that is 
     provided to fewer than all contractors under paragraph (3) 
     unless--
       (A) offers were received from at least three qualified 
     contractors; or

[[Page 2927]]

       (B) a contracting officer of the executive agency 
     determines in writing that no additional qualified 
     contractors were able to be identified despite reasonable 
     efforts to do so.
       (c) Definitions.--In this section:
       (1) The term ``individual purchase'' means a task order, 
     delivery order, or other purchase.
       (2) The term ``multiple award contract'' means--
       (A) a contract that is entered into by the Administrator of 
     General Services under the multiple award schedule program 
     referred to in section 309(b)(3) of the Federal Property and 
     Administrative Services Act of 1949 (41 U.S.C. 259(b)(3));
       (B) a multiple award task order contract that is entered 
     into under the authority of sections 2304a through 2304d of 
     title 10, United States Code, or sections 303H through 303K 
     of the Federal Property and Administrative Services Act of 
     1949 (41 U.S.C. 253h through 253k); and
       (C) any other indefinite delivery, indefinite quantity 
     contract that is entered into by the head of an executive 
     agency with two or more sources pursuant to the same 
     solicitation.
       (d) Applicability.--The revisions to the Federal 
     Acquisition Regulation pursuant to subsection (a) shall take 
     effect not later than 180 days after the date of the 
     enactment of this Act, and shall apply to all individual 
     purchases of goods or services that are made under multiple 
     award contracts on or after the effective date, without 
     regard to whether the multiple award contracts were entered 
     into before, on, or after such effective date.
       (e) Conforming Amendments to Defense Contract Provision.--
     Section 803 of the National Defense Authorization Act for 
     Fiscal Year 2002 (Public Law 107-107; 10 U.S.C. 2304 note) is 
     amended as follows:
       (1) Goods covered.--(A) The section heading is amended by 
     inserting ``GOODS OR'' before ``SERVICES''.
       (B) Subsection (a) is amended by inserting ``goods and'' 
     before ``services''.
       (C) The following provisions are amended by inserting 
     ``goods or'' before ``services'' each place it appears:
       (i) Paragraphs (1), (2), and (3) of subsection (b).
       (ii) Subsection (d).
       (D) Such section is amended by adding at the end the 
     following new subsection:
       ``(e) Applicability to Goods.--The Secretary shall revise 
     the regulations promulgated pursuant to subsection (a) to 
     cover purchases of goods by the Department of Defense 
     pursuant to multiple award contracts. The revised regulations 
     shall take effect in final form not later than 180 days after 
     the date of the enactment of this subsection and shall apply 
     to all individual purchases of goods that are made under 
     multiple award contracts on or after the effective date, 
     without regard to whether the multiple award contracts were 
     entered into before, on, or after such effective date.''.
       (f) Protest Rights for Certain Awards.--
       (1) Civilian agency contracts.--Section 303J(d) of the 
     Federal Property and Administrative Services Act (41 U.S.C. 
     253j(d)) is amended by inserting ``with a value of less than 
     $500,000'' after ``task or delivery order''.
       (2) Defense contracts.--Section 2304c(d) of title 10, 
     United States Code, is amended by inserting ``with a value of 
     less than $500,000'' after ``task or delivery order''.

                  PART II--CONTRACT PERSONNEL MATTERS

     SEC. 331. CONTRACTOR CONFLICTS OF INTEREST.

       (a) Prohibition on Contracts Relating to Inherently 
     Governmental Functions.--The head of an agency may not enter 
     into a contract for the performance of any inherently 
     governmental function.
       (b) Prohibition on Contracts for Contract Oversight.--
       (1) Prohibition.--The head of an agency may not enter into 
     a contract for the performance of acquisition functions 
     closely associated with inherently governmental functions 
     with any entity unless the head of the agency determines in 
     writing that--
       (A) neither that entity nor any related entity will be 
     responsible for performing any of the work under a contract 
     which the entity will help plan, evaluate, select a source, 
     manage or oversee; and
       (B) the agency has taken appropriate steps to prevent or 
     mitigate any organizational conflict of interest that may 
     arise because the entity--
       (i) has a separate ongoing business relationship, such as a 
     joint venture or contract, with any of the contractors to be 
     overseen;
       (ii) would be placed in a position to affect the value or 
     performance of work it or any related entity is doing under 
     any other Government contract;
       (iii) has a reverse role with the contractor to be overseen 
     under one or more separate Government contracts; or
       (iv) has some other relationship with the contractor to be 
     overseen that could reasonably appear to bias the 
     contractor's judgment.
       (2) Related entity defined.--In this subsection, the term 
     ``related entity'', with respect to a contractor, means any 
     subsidiary, parent, affiliate, joint venture, or other entity 
     related to the contractor.
       (c) Definitions.--In this section:
       (1) The term ``inherently governmental functions'' has the 
     meaning given to such term in part 7.5 of the Federal 
     Acquisition Regulation.
       (2) The term ``functions closely associated with 
     governmental functions'' means the functions described in 
     section 7.503(d) of the Federal Acquisition Regulation.
       (3) The term ``organizational conflict of interest'' has 
     the meaning given such term in part 9.5 of the Federal 
     Acquisition Regulation.
       (d) Effective Date and Applicability.--This section shall 
     take effect on the date of the enactment of this Act and 
     shall apply to--
       (1) contracts entered into on or after such date;
       (2) any task or delivery order issued on or after such date 
     under a contract entered into before, on, or after such date; 
     and
       (3) any decision on or after such date to exercise an 
     option or otherwise extend a contract for the performance of 
     a function relating to contract oversight regardless of 
     whether such contract was entered into before, on, or after 
     such date.

     SEC. 332. ELIMINATION OF REVOLVING DOOR BETWEEN FEDERAL 
                   PERSONNEL AND CONTRACTORS.

       (a) Elimination of Loopholes Allowing Former Federal 
     Officials To Accept Compensation From Contractors or Related 
     Entities.--
       (1) In general.--Paragraph (1) of subsection (d) of section 
     27 of the Office of Federal Procurement Policy Act (41 U.S.C. 
     423) is amended--
       (A) by striking ``or consultant'' and inserting 
     ``consultant, lawyer, or lobbyist'';
       (B) by striking ``one year'' and inserting ``two years''; 
     and
       (C) in subparagraph (C), by striking ``personally made for 
     the Federal agency--'' and inserting ``participated 
     personally and substantially in--''.
       (2) Definition.--Paragraph (2) of such subsection is 
     amended to read as follows:
       ``(2) For purposes of paragraph (1), the term `contractor' 
     includes any division, affiliate, subsidiary, parent, joint 
     venture, or other related entity of a contractor.''.
       (b) Prohibition on Award of Government Contracts to Former 
     Employers.--Such section is further amended by adding at the 
     end the following new subsection:
       ``(i) Prohibition on Involvement by Certain Former 
     Contractor Employees in Procurements.--A former employee of a 
     contractor who becomes an employee of the Federal Government 
     shall not be personally and substantially involved with any 
     Federal agency procurement involving the employee's former 
     employer, including any division, affiliate, subsidiary, 
     parent, joint venture, or other related entity of the former 
     employer, for a period of two years beginning on the date on 
     which the employee leaves the employment of the contractor 
     unless the designated agency ethics officer for the agency 
     determines in writing that the government's interest in the 
     former employee's participation in a particular procurement 
     outweighs any appearance of impropriety.''.
       (c) Requirement for Federal Procurement Officers To 
     Disclose Job Offers Made to Relatives.--Subsection (c)(1) of 
     such section is amended by inserting after ``that official'' 
     the following: ``, or for a relative of that official (as 
     defined in section 3110 of title 5, United States Code),''.
       (d) Additional Criminal Penalties.--Paragraph (1) of 
     subsection (e) of such section is amended to read as follows:
       ``(1) Criminal penalties.--Whoever engages in conduct 
     constituting a violation of--
       ``(A) subsection (a) or (b) for the purpose of either--
       ``(i) exchanging the information covered by such subsection 
     for anything of value, or
       ``(ii) obtaining or giving anyone a competitive advantage 
     in the award of a Federal agency procurement contract; or
       ``(B) subsection (c) or (d);

     shall be imprisoned for not more than 5 years, fined as 
     provided under title 18, Untied States Code, or both.''.
       (e) Regulations.--Such section is further amended by adding 
     at the end the following new subsection:
       ``(j) Regulations.--The Director of the Office of 
     Government Ethics, in consultation with the Administrator, 
     shall--
       ``(1) promulgate regulations to carry out and ensure the 
     enforcement of this section; and
       ``(2) monitor and investigate individual and agency 
     compliance with this section.''.

                  Subtitle C--Other Personnel Matters

     SEC. 341. MINIMUM REQUIREMENTS FOR POLITICAL APPOINTEES 
                   HOLDING PUBLIC CONTRACTING AND SAFETY 
                   POSITIONS.

       (a) In General.--A position specified in subsection (b) may 
     not be held by any political appointee who does not meet the 
     requirements of subsection (c).
       (b) Specified Positions.--A position specified in this 
     subsection is any position as follows:
       (1) A public contracting position.

[[Page 2928]]

       (2) A public safety position.
       (c) Minimum Requirements.--An individual shall not, with 
     respect to any position, be considered to meet the 
     requirements of this subsection unless such individual--
       (1) has academic, management, and leadership credentials in 
     one or more areas relevant to such position;
       (2) has a superior record of achievement in one or more 
     areas relevant to such position; and
       (3) has training and expertise in one or more areas 
     relevant to such position.
       (d) Political Appointee.--For purposes of this section, the 
     term ``political appointee'' means any individual who--
       (1) is employed in a position listed in sections 5312 
     through 5316 of title 5, United States Code (relating to the 
     Executive Schedule);
       (2) is a limited term appointee, limited emergency 
     appointee, or noncareer appointee in the Senior Executive 
     Service; or
       (3) is employed in the executive branch of the Government 
     in a position which has been excepted from the competitive 
     service by reason of its policy-determining, policy-making, 
     or policy-advocating character.
       (e) Public Contracting Position.--For purposes of this 
     section, the term ``public contracting position'' means the 
     following:
       (1) The Administrator for Federal Procurement Policy.
       (2) The Administrator of the General Services 
     Administration.
       (3) The Chief Acquisition Officer of any executive agency, 
     as appointed or designated pursuant to section 16 of the 
     Office of Federal Procurement Policy Act (41 U.S.C. 414).
       (4) The Under Secretary of Defense for Acquisition, 
     Technology, and Logistics.
       (5) Any position (not otherwise identified under any of the 
     preceding provisions of this subsection) a primary function 
     of which involves government procurement and procurement 
     policy, as identified by the head of each employing agency in 
     consultation with the Office of Personnel Management.
       (f) Public Safety Position.--For purposes of this section, 
     the term ``public safety position'' means the following:
       (1) The Under Secretary for Emergency Preparedness and 
     Response, Department of Homeland Security.
       (2) The Director of the Federal Emergency Management 
     Agency, Department of Homeland Security.
       (3) Each regional director of the Federal Emergency 
     Management Agency, Department of Homeland Security.
       (4) The Recovery Division Director of the Federal Emergency 
     Management Agency, Department of Homeland Security.
       (5) The Assistant Secretary for Immigration and Customs 
     Enforcement, Department of Homeland Security.
       (6) The Assistant Secretary for Public Health Emergency 
     Preparedness, Department of Health and Human Services.
       (7) The Assistant Administrator for Solid Waste and 
     Emergency Response, Environmental Protection Agency.
       (8) Any position (not otherwise identified under any of the 
     preceding provisions of this subsection) a primary function 
     of which involves responding to a direct threat to life or 
     property or a hazard to health, as identified by the head of 
     each employing agency in consultation with the Office of 
     Personnel Management.
       (g) Publication of Positions.--Beginning not later than 30 
     days after the date of the enactment of this Act, the head of 
     each agency shall maintain on such agency's public website a 
     current list of all public contracting positions and public 
     safety positions within such agency.
       (h) Coordination With Other Requirements.--The requirements 
     set forth in subsection (c) shall be in addition to, and not 
     in lieu of, any requirements that might otherwise apply with 
     respect to any particular position.
       (i) Definitions.--In this section:
       (1) The term ``agency'' means an Executive agency (as 
     defined by section 105 of title 5, United States Code).
       (2) The terms ``limited term appointee'', ``limited 
     emergency appointee'', and ``noncareer appointee'' have the 
     meanings given such terms in section 3132 of title 5, United 
     States Code.
       (3) The term ``Senior Executive Service'' has the meaning 
     given such term by section 2101a of title 5, United States 
     Code.
       (4) The term ``competitive service'' has the meaning given 
     such term by section 2102 of title 5, United States Code.
       (5) The terms ``lobbyist'' and ``client'' have the 
     respective meanings given them by section 3 of the Lobbying 
     Disclosure Act of 1995 (2 U.S.C. 1602).
       (j) Conforming Amendment.--Section 16(a) of the Office of 
     Federal Procurement Policy Act (41 U.S.C. 414(a)) is amended 
     by striking ``non-career employee as''.

     SEC. 342. PROTECTION OF CERTAIN DISCLOSURES OF INFORMATION BY 
                   FEDERAL EMPLOYEES.

       (a) Clarification of Disclosures Covered.--Section 
     2302(b)(8) of title 5, United States Code, is amended--
       (1) in subparagraph (A)--
       (A) by striking ``which the employee or applicant 
     reasonably believes evidences'' and inserting ``, without 
     restriction to time, place, form, motive, context, or prior 
     disclosure made to any person by an employee or applicant, 
     including a disclosure made in the ordinary course of an 
     employee's duties, that the employee or applicant reasonably 
     believes is evidence of''; and
       (B) in clause (i), by striking ``a violation'' and 
     inserting ``any violation'';
       (2) in subparagraph (B)--
       (A) by striking ``which the employee or applicant 
     reasonably believes evidences'' and inserting ``, without 
     restriction to time, place, form, motive, context, or prior 
     disclosure made to any person by an employee or applicant, 
     including a disclosure made in the ordinary course of an 
     employee's duties, of information that the employee or 
     applicant reasonably believes is evidence of''; and
       (B) in clause (i), by striking ``a violation'' and 
     inserting ``any violation (other than a violation of this 
     section)''; and
       (3) by adding at the end the following:
       ``(C) any disclosure that--
       ``(i) is made by an employee or applicant of information 
     required by law or Executive order to be kept secret in the 
     interest of national defense or the conduct of foreign 
     affairs that the employee or applicant reasonably believes is 
     direct and specific evidence of--

       ``(I) any violation of any law, rule, or regulation;
       ``(II) gross mismanagement, a gross waste of funds, an 
     abuse of authority, or a substantial and specific danger to 
     public health or safety; or
       ``(III) a false statement to Congress on an issue of 
     material fact; and

       ``(ii) is made to--

       ``(I) a member of a committee of Congress;
       ``(II) any other Member of Congress; or
       ``(III) an employee of Congress who has the appropriate 
     security clearance and is authorized to receive information 
     of the type disclosed.''.

       (b) Covered Disclosures.--Section 2302(a)(2) of title 5, 
     United States Code, is amended--
       (1) in subparagraph (B)(ii), by striking ``and'' at the 
     end;
       (2) in subparagraph (C)(iii), by striking the period at the 
     end and inserting ``; and''; and
       (3) by adding at the end the following:
       ``(D) `disclosure' means a formal or informal communication 
     or transmission, but does not include a communication 
     concerning policy decisions that lawfully exercise 
     discretionary authority unless the employee providing the 
     disclosure reasonably believes that the disclosure 
     evidences--
       ``(i) any violation of any law, rule, or regulation; or
       ``(ii) gross management, a gross waste of funds, an abuse 
     of authority, or a substantial and specific danger to public 
     health or safety.''.
       (c) Rebuttable Presumption.--Section 2302(b) of title 5, 
     United States Code, is amended by amending the matter 
     following paragraph (12) to read as follows:
     ``This subsection shall not be construed to authorize the 
     withholding of information from Congress or the taking of any 
     personnel action against an employee who discloses 
     information to Congress. For purposes of paragraph (8), any 
     presumption relating to the performance of a duty by an 
     employee who has authority to take, direct others to take, 
     recommend, or approve any personnel action may be rebutted by 
     substantial evidence. For purposes of paragraph (8), a 
     determination as to whether an employee or applicant 
     reasonably believes that they have disclosed information that 
     evidences any violation of law, rule, regulation, gross 
     mismanagement, a gross waste of funds, an abuse of authority, 
     or a substantial and specific danger to public health or 
     safety shall be made by determining whether a disinterested 
     observer with knowledge of the essential facts known to and 
     readily ascertainable by the employee would reasonably 
     conclude that the actions of the Government evidence such 
     violations, mismanagement, waste, abuse, or danger.''.
       (d) Nondisclosure Policies, Forms, and Agreements; Security 
     Clearances; and Retaliatory Investigations.--
       (1) Personnel action.--Section 2302(a)(2)(A) of title 5, 
     United States Code, is amended--
       (A) in clause (x), by striking ``and'' after the semicolon; 
     and
       (B) by redesignating clause (xi) as clause (xiv) and 
     inserting after clause (x) the following:
       ``(xi) the implementation or enforcement of any 
     nondisclosure policy, form, or agreement;
       ``(xii) a suspension, revocation, or other determination 
     relating to a security clearance or any other access 
     determination by a covered agency;
       ``(xiii) an investigation, other than any ministerial or 
     nondiscretionary fact finding activities necessary for the 
     agency to perform its mission, of an employee or applicant 
     for employment because of any activity protected under this 
     section; and''
       (2) Prohibited personnel practice.--Section 2302(b) of 
     title 5, United States Code, is amended--
       (A) in paragraph (11), by striking ``or'' at the end;
       (B) in paragraph (12), by striking the period and inserting 
     a semicolon; and
       (C) by inserting after paragraph (12) the following:

[[Page 2929]]

       ``(13) implement or enforce any nondisclosure policy, form, 
     or agreement, if such policy, form, or agreement does not 
     contain the following statement: `These provisions are 
     consistent with and do not supersede, conflict with, or 
     otherwise alter the employee obligations, rights, or 
     liabilities created by Executive Order No. 12958; section 
     7211 (governing disclosures to Congress); section 1034 of 
     title 10 (governing disclosure to Congress by members of the 
     military); section 2302(b)(8) (governing disclosures of 
     illegality, waste, fraud, abuse, or public health or safety 
     threats); the Intelligence Identities Protection Act of 1982 
     (50 U.S.C. 421 et seq.) (governing disclosures that could 
     expose confidential Government agents); and the statutes 
     which protect against disclosures that could compromise 
     national security, including sections 641, 793, 794, 798, and 
     952 of title 18 and section 4(b) of the Subversive Activities 
     Control Act of 1950 (50 U.S.C. 783(b)). The definitions, 
     requirements, obligations, rights, sanctions, and liabilities 
     created by such Executive order and such statutory provisions 
     are incorporated into this agreement and are controlling'; or
       ``(14) conduct, or cause to be conducted, an investigation, 
     other than any ministerial or nondiscretionary fact finding 
     activities necessary for the agency to perform its mission, 
     of an employee or applicant for employment because of any 
     activity protected under this section.''.
       (3) Board and court review of actions relating to security 
     clearances.--
       (A) In general.--Chapter 77 of title 5, United States Code, 
     is amended by inserting after section 7702 the following:

     ``Sec. 7702a. Actions relating to security clearances

       ``(a) In any appeal relating to the suspension, revocation, 
     or other determination relating to a security clearance or 
     access determination, the Merit Systems Protection Board or 
     any reviewing court--
       ``(1) shall determine whether paragraph (8) or (9) of 
     section 2302(b) was violated;
       ``(2) may not order the President or the designee of the 
     President to restore a security clearance or otherwise 
     reverse a determination of clearance status or reverse an 
     access determination; and
       ``(3) subject to paragraph (2), may issue declaratory 
     relief and any other appropriate relief.
       ``(b)(1) If, in any final judgment, the Board or court 
     declares that any suspension, revocation, or other 
     determination with regards to a security clearance or access 
     determination was made in violation of paragraph (8) or (9) 
     of section 2302(b), the affected agency shall conduct a 
     review of that suspension, revocation, access determination, 
     or other determination, giving great weight to the Board or 
     court judgment.
       ``(2) Not later than 30 days after any Board or court 
     judgment declaring that a security clearance suspension, 
     revocation, access determination, or other determination was 
     made in violation of paragraph (8) or (9) of section 2302(b), 
     the affected agency shall issue an unclassified report to the 
     congressional committees of jurisdiction (with a classified 
     annex if necessary), detailing the circumstances of the 
     agency's security clearance suspension, revocation, other 
     determination, or access determination. A report under this 
     paragraph shall include any proposed agency action with 
     regards to the security clearance or access determination.
       ``(c) An allegation that a security clearance or access 
     determination was revoked or suspended in retaliation for a 
     protected disclosure shall receive expedited review by the 
     Office of Special Counsel, the Merit Systems Protection 
     Board, and any reviewing court.
       ``(d) For purposes of this section, corrective action may 
     not be ordered if the agency demonstrates by a preponderance 
     of the evidence that it would have taken the same personnel 
     action in the absence of such disclosure.''.
       (B) Technical and conforming amendment.--The table of 
     sections for chapter 77 of title 5, United States Code, is 
     amended by inserting after the item relating to section 7702 
     the following:

``7702a. Actions relating to security clearances.''.
       (e) Exclusion of Agencies by the President.--Section 
     2302(a)(2)(C) of title 5, United States Code, is amended by 
     striking clause (ii) and inserting the following:
       ``(ii)(I) the Federal Bureau of Investigation, the Office 
     of the Director of National Intelligence, the Central 
     Intelligence Agency, the Defense Intelligence Agency, the 
     National Geospatial-Intelligence Agency, and the National 
     Security Agency; and
       ``(II) as determined by the President, any executive agency 
     or unit thereof the principal function of which is the 
     conduct of foreign intelligence or counterintelligence 
     activities, if the determination (as that determination 
     relates to a personnel action) is made before that personnel 
     action; or''.
       (f) Attorney Fees.--Section 1204(m)(1) of title 5, United 
     States Code, is amended by striking ``agency involved'' and 
     inserting ``agency where the prevailing party is employed or 
     has applied for employment''.
       (g) Disciplinary Action.--Section 1215(a)(3) of title 5, 
     United States Code, is amended to read as follows:
       ``(3)(A) A final order of the Board may impose--
       ``(i) disciplinary action consisting of removal, reduction 
     in grade, debarment from Federal employment for a period not 
     to exceed 5 years, suspension, or reprimand;
       ``(ii) an assessment of a civil penalty not to exceed 
     $1,000; or
       ``(iii) any combination of disciplinary actions described 
     under clause (i) and an assessment described under clause 
     (ii).
       ``(B) In any case in which the Board finds that an employee 
     has committed a prohibited personnel practice under paragraph 
     (8) or (9) of section 2302(b), the Board shall impose 
     disciplinary action if the Board finds that the activity 
     protected under paragraph (8) or (9) of section 2302(b) was a 
     significant motivating factor, even if other factors also 
     motivated the decision, for the employee's decision to take, 
     fail to take, or threaten to take or fail to take a personnel 
     action, unless that employee demonstrates, by preponderance 
     of evidence, that the employee would have taken, failed to 
     take, or threatened to take or fail to take the same 
     personnel action, in the absence of such protected 
     activity.''.
       (h) Special Counsel Amicus Curiae Appearance.--Section 1212 
     of title 5, United States Code, is amended by adding at the 
     end the following:
       ``(h)(1) The Special Counsel is authorized to appear as 
     amicus curiae in any action brought in a court of the United 
     States related to any civil action brought in connection with 
     section 2302(b) (8) or (9), or subchapter III of chapter 73, 
     or as otherwise authorized by law. In any such action, the 
     Special Counsel is authorized to present the views of the 
     Special Counsel with respect to compliance with section 
     2302(b) (8) or (9) or subchapter III of chapter 77 and the 
     impact court decisions would have on the enforcement of such 
     provisions of law.
       ``(2) A court of the United States shall grant the 
     application of the Special Counsel to appear in any such 
     action for the purposes described in subsection (a).''.
       (i) Judicial Review.--
       (1) In general.--Section 7703(b)(1) of title 5, United 
     States Code, is amended to read as follows:
       ``(b)(1)(A) Except as provided in subparagraph (B) and 
     paragraph (2), a petition to review a final order or final 
     decision of the Board shall be filed in the United States 
     Court of Appeals for the Federal Circuit. Notwithstanding any 
     other provision of law, any petition for review must be filed 
     within 60 days after the date the petitioner received notice 
     of the final order or decision of the Board.
       ``(B) During the 5-year period beginning on the effective 
     date of this subsection, a petition to review a final order 
     or final decision of the Board in a case alleging a violation 
     of paragraph (8) or (9) of section 2302(b) shall be filed in 
     the United States Court of Appeals for the Federal Circuit or 
     any court of appeals of competent jurisdiction as provided 
     under subsection (b)(2).''.
       (2) Review obtained by office of personnel management.--
     Section 7703(d) of title 5, United States Code, is amended to 
     read as follows:
       ``(d)(1) Except as provided under paragraph (2), this 
     paragraph shall apply to any review obtained by the Director 
     of the Office of Personnel Management. The Director of the 
     Office of Personnel Management may obtain review of any final 
     order or decision of the Board by filing, within 60 days 
     after the date the Director received notice of the final 
     order or decision of the Board, a petition for judicial 
     review in the United States Court of Appeals for the Federal 
     Circuit if the Director determines, in his discretion, that 
     the Board erred in interpreting a civil service law, rule, or 
     regulation affecting personnel management and that the 
     Board's decision will have a substantial impact on a civil 
     service law, rule, regulation, or policy directive. If the 
     Director did not intervene in a matter before the Board, the 
     Director may not petition for review of a Board decision 
     under this section unless the Director first petitions the 
     Board for a reconsideration of its decision, and such 
     petition is denied. In addition to the named respondent, the 
     Board and all other parties to the proceedings before the 
     Board shall have the right to appear in the proceeding before 
     the Court of Appeals. The granting of the petition for 
     judicial review shall be at the discretion of the Court of 
     Appeals.
       ``(2) During the 5-year period beginning on the effective 
     date of this subsection, this paragraph shall apply to any 
     review relating to paragraph (8) or (9) of section 2302(b) 
     obtained by the Director of the Office of Personnel 
     Management. The Director of the Office of Personnel 
     Management may obtain review of any final order or decision 
     of the Board by filing, within 60 days after the date the 
     Director received notice of the final order or decision of 
     the Board, a petition for judicial review in the United 
     States Court of Appeals for the Federal Circuit or any court 
     of appeals of competent jurisdiction as provided under 
     subsection (b)(2) if the Director determines, in his 
     discretion, that the Board erred in interpreting paragraph 
     (8) or (9) of section 2302(b). If the Director did not 
     intervene in a matter before the Board, the Director may not 
     petition for review of a Board

[[Page 2930]]

     decision under this section unless the Director first 
     petitions the Board for a reconsideration of its decision, 
     and such petition is denied. In addition to the named 
     respondent, the Board and all other parties to the 
     proceedings before the Board shall have the right to appear 
     in the proceeding before the court of appeals. The granting 
     of the petition for judicial review shall be at the 
     discretion of the Court of Appeals.''.
       (j) Nondisclosure Policies, Forms, and Agreements.--
       (1) In general.--
       (A) Requirement.--Each agreement in Standard Forms 312 and 
     4414 of the Government and any other nondisclosure policy, 
     form, or agreement of the Government shall contain the 
     following statement: ``These restrictions are consistent with 
     and do not supersede, conflict with, or otherwise alter the 
     employee obligations, rights, or liabilities created by 
     Executive Order No. 12958; section 7211 of title 5, United 
     States Code (governing disclosures to Congress); section 1034 
     of title 10, United States Code (governing disclosure to 
     Congress by members of the military); section 2302(b)(8) of 
     title 5, United States Code (governing disclosures of 
     illegality, waste, fraud, abuse or public health or safety 
     threats); the Intelligence Identities Protection Act of 1982 
     (50 U.S.C. 421 et seq.) (governing disclosures that could 
     expose confidential Government agents); and the statutes 
     which protect against disclosure that may compromise the 
     national security, including sections 641, 793, 794, 798, and 
     952 of title 18, United States Code, and section 4(b) of the 
     Subversive Activities Act of 1950 (50 U.S.C. 783(b)). The 
     definitions, requirements, obligations, rights, sanctions, 
     and liabilities created by such Executive order and such 
     statutory provisions are incorporated into this agreement and 
     are controlling.''.
       (B) Enforceability.--Any nondisclosure policy, form, or 
     agreement described under subparagraph (A) that does not 
     contain the statement required under subparagraph (A) may not 
     be implemented or enforced to the extent such policy, form, 
     or agreement is inconsistent with that statement.
       (2) Persons other than government employees.--
     Notwithstanding paragraph (1), a nondisclosure policy, form, 
     or agreement that is to be executed by a person connected 
     with the conduct of an intelligence or intelligence-related 
     activity, other than an employee or officer of the United 
     States Government, may contain provisions appropriate to the 
     particular activity for which such document is to be used. 
     Such form or agreement shall, at a minimum, require that the 
     person will not disclose any classified information received 
     in the course of such activity unless specifically authorized 
     to do so by the United States Government. Such nondisclosure 
     forms shall also make it clear that such forms do not bar 
     disclosures to Congress or to an authorized official of an 
     executive agency or the Department of Justice that are 
     essential to reporting a substantial violation of law.
       (k) Clarification of Whistleblower Rights for Critical 
     Infrastructure Information.--Section 214(c) of the Homeland 
     Security Act of 2002 (6 U.S.C. 133(c)) is amended by adding 
     at the end the following: ``For purposes of this section a 
     permissible use of independently obtained information 
     includes the disclosure of such information under section 
     2302(b)(8) of title 5, United States Code.''.
       (l) Advising Employees of Rights.--Section 2302(c) of title 
     5, United States Code, is amended by inserting ``, including 
     how to make a lawful disclosure of information that is 
     specifically required by law or Executive order to be kept 
     secret in the interest of national defense or the conduct of 
     foreign affairs to the Special Counsel, the Inspector General 
     of an agency, Congress, or other agency employee designated 
     to receive such disclosures'' after ``chapter 12 of this 
     title''.
       (m) Scope of Due Process.--
       (1) Special counsel.--Section 1214(b)(4)(B)(ii) of title 5, 
     United States Code, is amended by inserting ``, after a 
     finding that a protected disclosure was a contributing 
     factor,'' after ``ordered if''.
       (2) Individual action.--Section 1221(e)(2) of title 5, 
     United States Code, is amended by inserting ``, after a 
     finding that a protected disclosure was a contributing 
     factor,'' after ``ordered if''.
       (n) Effective Date.--This section and the amendment made by 
     this section shall take effect 30 days after the date of the 
     enactment of this Act.
                                 ______
                                 
  SA 2949. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill S. 2349, to provide greater transparency in the 
legislative process; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. PROHIBITION ON NAMING FEDERAL BUILDINGS OR 
                   PROPERTIES AFTER LIVING SERVING OR FORMER 
                   MEMBERS OF CONGRESS.

       (a) In General.--It shall not be in order in the Senate to 
     consider any bill or resolution, or conference report 
     thereon, or amendment that names a Federal building, 
     property, program, project, or entity funded, in whole or in 
     part, by the Federal Government after a living Member of 
     Congress or a living former Member of Congress.
       (b) Supermajority Waiver and Appeal.--This section may be 
     waived or suspended in the Senate only by an affirmative vote 
     of \3/5\ of the Members, duly chosen and sworn. An 
     affirmative vote of \3/5\ 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 on a point of order 
     raised under this section.
                                 ______
                                 
  SA 2950. Mr. COBURN (for himself and Mr. Obama) submitted an 
amendment intended to be proposed by him to the bill S. 2349, to 
provide greater transparency in the legislative process; which was 
ordered to lie on the table; as follows:

       On page 5, strike line 21 through page 6, line 19, and 
     insert the following:
     72 hours before its consideration.

     SEC. 104. AVAILABILITY OF LEGISLATION ON THE INTERNET.

       (a) In General.--
       (1) Amendment.--Rule XIV of the Standing Rules of the 
     Senate is amended by adding at the end the following:
       ``11. (a) It shall not be in order to consider a bill or 
     resolution, or conference report, thereon, or an amendment 
     unless such measure is available to all Members and made 
     available through a searchable electronic format to the 
     general public by means of the Internet for at least 72 hours 
     before its consideration.
       ``(b) This paragraph may be waived or suspended in the 
     Senate only by an affirmative vote of 3/5 of the Members, 
     duly chosen and sworn. An affirmative vote of 3/5 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 on a point of order raised under this paragraph.''.
       (2) Effective date.--This subsection shall take effect 60 
     days after the date of enactment of this title.
       (b) Implementation.--Not later than 60 days after the date 
     of enactment of this title, the Secretary of the Senate, in 
     consultation with the Clerk of the House of Representatives, 
     the Government Printing Office, and the Committee on Rules 
     and Administration, shall develop and establish a website 
     capable of complying with the requirements of paragraph 11 of 
     rule XIV of the Standing Rules of the Senate, as added by 
     subsection (a).
                                 ______
                                 
  SA 2951. Mr. COBURN (for himself and Mr. Obama) submitted an 
amendment intended to be proposed by him to the bill S. 2349, to 
provide greater transparency in the legislative process; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. 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) any lobbying activities engaged in by the recipient 
     and the costs to the recipient of such activities; and
       ``(2)(A) 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
       ``(B) the amount of money paid as described in subparagraph 
     (A).
       ``(b) Definition.--In this section, the term `recipient of 
     Federal funds' means the recipient of Federal funds 
     constituting an award, grant, or loan.''.
                                 ______
                                 
  SA 2952. Mr. COBURN (for himself and Mr. Obama) submitted an 
amendment intended to be proposed by him to the bill S. 2349, to 
provide greater transparency in the legislative process; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. FULL DISCLOSURE OF ENTITIES RECEIVING FEDERAL 
                   FUNDING.

       (a) In General.--Effective beginning January 1, 2007, the 
     Office of Management and Budget shall ensure the existence 
     and operation of a single updated searchable database website 
     accessible by the public that includes for each entity 
     receiving Federal funding--
       (1) the name of the entity;
       (2) the amount of any Federal funds that the entity has 
     received in each of the last 10 fiscal years;
       (3) an itemized breakdown of that funding by agency and 
     program source;
       (4) the location of the entity including the city, State, 
     and country; and
       (5) a unique identifier for each such entity.
       (b) Definition of Entity.--For purposes of this section, 
     the term ``entity''--
       (1) includes--
       (A) a corporation;

[[Page 2931]]

       (B) an association;
       (C) a partnership;
       (D) a limited liability company;
       (E) a limited liability partnership;
       (F) any other legal business entity;
       (G) grantees, contractors, and, on and after October 1, 
     2007, subgrantees; and
       (H) any State or locality; and
       (2) does not include--
       (A) an individual recipient of Federal assistance;
       (B) a Federal employee; or
       (C) a grant or contract of a nature that could be 
     reasonably expected to cause damage to national security.
                                 ______
                                 
  SA 2953. Mr. KYL (for himself and Mr. Pryor) submitted an amendment 
intended to be proposed by him to the bill S. 2349, to provide greater 
transparency in the legislative process; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following:

    TITLE ___--PROHIBITION ON FUNDING OF UNLAWFUL INTERNET GAMBLING

     SEC. ___. SHORT TITLE.

       This title may be cited as the ``Unlawful Internet Gambling 
     Enforcement Act of 2006''.

     SEC. ___. PROHIBITION ON ACCEPTANCE OF ANY PAYMENT INSTRUMENT 
                   FOR UNLAWFUL INTERNET GAMBLING.

       (a) In General.--Chapter 53 of title 31, United States 
     Code, is amended by adding at the end the following:

 ``SUBCHAPTER IV--PROHIBITION ON FUNDING OF UNLAWFUL INTERNET GAMBLING

     ``Sec. 5361. Congressional findings and purpose

       ``(a) Findings.--Congress finds the following:
       ``(1) Internet gambling is primarily funded through 
     personal use of payment system instruments, credit cards, and 
     wire transfers.
       ``(2) The National Gambling Impact Study Commission in 1999 
     recommended the passage of legislation to prohibit wire 
     transfers to Internet gambling sites or the banks which 
     represent such sites.
       ``(3) Internet gambling is a growing cause of debt 
     collection problems for insured depository institutions and 
     the consumer credit industry.
       ``(4) New mechanisms for enforcing gambling laws on the 
     Internet are necessary because traditional law enforcement 
     mechanisms are often inadequate for enforcing gambling 
     prohibitions or regulations on the Internet, especially where 
     such gambling crosses State or national borders.
       ``(b) Rule of Construction.--No provision of this 
     subchapter shall be construed as altering, limiting, or 
     extending any Federal or State law or Tribal-State compact 
     prohibiting, permitting, or regulating gambling within the 
     United States.

     ``Sec. 5362. Definitions

       ``In this subchapter, the following definitions shall 
     apply:
       ``(1) Bet or wager.--The term `bet or wager'--
       ``(A) means the staking or risking by any person of 
     something of value upon the outcome of a contest of others, a 
     sporting event, or a game subject to chance, upon an 
     agreement or understanding that the person or another person 
     will receive something of value in the event of a certain 
     outcome;
       ``(B) includes the purchase of a chance or opportunity to 
     win a lottery or other prize (which opportunity to win is 
     predominantly subject to chance);
       ``(C) includes any scheme of a type described in section 
     3702 of title 28;
       ``(D) includes any instructions or information pertaining 
     to the establishment or movement of funds by the bettor or 
     customer in, to, or from an account with the business of 
     betting or wagering; and
       ``(E) does not include--
       ``(i) any activity governed by the securities laws (as that 
     term is defined in section 3(a)(47) of the Securities 
     Exchange Act of 1934) for the purchase or sale of securities 
     (as that term is defined in section 3(a)(10) of such Act);
       ``(ii) any transaction conducted on or subject to the rules 
     of a registered entity or exempt board of trade under the 
     Commodity Exchange Act;
       ``(iii) any over-the-counter derivative instrument;
       ``(iv) any other transaction that--

       ``(I) is excluded or exempt from regulation under the 
     Commodity Exchange Act; or
       ``(II) is exempt from State gaming or bucket shop laws 
     under section 12(e) of the Commodity Exchange Act or section 
     28(a) of the Securities Exchange Act of 1934;

       ``(v) any contract of indemnity or guarantee;
       ``(vi) any contract for insurance;
       ``(vii) any deposit or other transaction with an insured 
     depository institution; or
       ``(viii) any participation in a fantasy or simulation 
     sports game, an educational game, or a contest, that--

       ``(I) is not dependent solely on the outcome of any single 
     sporting event or nonparticipant's singular individual 
     performance in any single sporting event;
       ``(II) has an outcome that reflects the relative knowledge 
     of the participants, or their skill at physical reaction or 
     physical manipulation (but not chance), and, in the case of a 
     fantasy or simulation sports game, has an outcome that is 
     determined predominantly by accumulated statistical results 
     of--

       ``(aa) sporting events; or
       ``(bb) nonparticipants' individual performances in sporting 
     events; and

       ``(III) offers a prize or award to a participant that is 
     established in advance of the game or contest and is not 
     determined by the number of participants or the amount of any 
     fees paid by those participants.

       ``(2) Business of betting or wagering.--The term `business 
     of betting or wagering' does not include the activities of a 
     financial transaction provider, or any interactive computer 
     service or telecommunications service.
       ``(3) Designated payment system.--The term `designated 
     payment system' means any system utilized by a financial 
     transaction provider that the Secretary, in consultation with 
     the Board of Governors of the Federal Reserve System and the 
     Attorney General, determines, by regulation or order, could 
     be utilized in connection with, or to facilitate, any 
     restricted transaction.
       ``(4) Financial transaction provider.--The term `financial 
     transaction provider' means a creditor, credit card issuer, 
     financial institution, operator of a terminal at which an 
     electronic fund transfer may be initiated, money transmitting 
     business, or international, national, regional, or local 
     network utilized to effect a credit transaction, electronic 
     fund transfer, stored value product transaction, or money 
     transmitting service, or a participant in such network, or 
     other participant in a designated payment system.
       ``(5) Internet.--The term `Internet' means the 
     international computer network of interoperable packet 
     switched data networks.
       ``(6) Interactive computer service.--The term `interactive 
     computer service' has the same meaning as in section 230(f) 
     of the Communications Act of 1934.
       ``(7) Restricted transaction.--The term `restricted 
     transaction' means any transaction or transmittal involving 
     any credit, funds, instrument, or proceeds described in any 
     paragraph of section 5363 which the recipient is prohibited 
     from accepting under section 5363.
       ``(8) Secretary.--The term `Secretary' means the Secretary 
     of the Treasury.
       ``(9) State.--The term `State' means a State of the United 
     States, the District of Columbia, or a commonwealth, 
     territory, or possession of the United States.
       ``(10) Unlawful internet gambling.--
       ``(A) In general.--The term `unlawful Internet gambling' 
     means to place, receive, or otherwise knowingly transmit a 
     bet or wager by any means which involves the use, at least in 
     part, of the Internet where such bet or wager is unlawful 
     under any applicable Federal or State law in the State or 
     Tribal lands in which the bet or wager is initiated, 
     received, or otherwise made.
       ``(B) Intrastate transactions.--The term `unlawful Internet 
     gambling' shall not include placing, receiving, or otherwise 
     transmitting a bet or wager where--
       ``(i) the bet or wager is initiated and received or 
     otherwise made exclusively within a single State;
       ``(ii) the bet or wager, and the method by which the bet or 
     wager is initiated and received or otherwise made, is 
     expressly authorized by and placed in accordance with the 
     laws of such State, and the State law or regulations 
     include--

       ``(I) age and location verification requirements reasonably 
     designed to block access to minors and persons located out of 
     such State; and
       ``(II) appropriate data security standards to prevent 
     unauthorized access by any person whose age and current 
     location has not been verified in accordance with such 
     State's law or regulations; and

       ``(iii) the bet or wager does not violate any provision of 
     the--

       ``(I) Interstate Horseracing Act of 1978;
       ``(II) Professional and Amateur Sports Protection Act;
       ``(III) Gambling Devices Transportation Act; or
       ``(IV) Indian Gaming Regulatory Act.

       ``(C) Intratribal transactions.--The term `unlawful 
     Internet gambling' shall not include placing, receiving, or 
     otherwise transmitting a bet or wager where--
       ``(i) the bet or wager is initiated and received or 
     otherwise made exclusively--

       ``(I) within the Indian lands of a single Indian tribe (as 
     those terms are defined by the Indian Gaming Regulatory Act); 
     or
       ``(II) between the Indian lands of 2 or more Indian tribes 
     to the extent that intertribal gaming is authorized by the 
     Indian Gaming Regulatory Act;

       ``(ii) the bet or wager, and the method by which the bet or 
     wager is initiated and received or otherwise made, is 
     expressly authorized by and complies with the requirements 
     of--

       ``(I) the applicable tribal ordinance or resolution 
     approved by the Chairman of the National Indian Gaming 
     Commission; and
       ``(II) with respect to class III gaming, the applicable 
     Tribal-State Compact;

       ``(iii) the applicable tribal ordinance or resolution or 
     Tribal-State compact includes--

       ``(I) age and location verification requirements reasonably 
     designed to block access to

[[Page 2932]]

     minors and persons located out of the applicable Tribal 
     lands; and
       ``(II) appropriate data security standards to prevent 
     unauthorized access by any person whose age and current 
     location has not been verified in accordance with the 
     applicable tribal ordinance or resolution or Tribal-State 
     Compact; and

       ``(iv) the bet or wager does not violate any provision of 
     the--

       ``(I) Interstate Horseracing Act of 1978;
       ``(II) the Professional and Amateur Sports Protection Act;
       ``(III) the Gambling Devices Transportation Act; or
       ``(IV) the Indian Gaming Regulatory Act.

       ``(D) Interstate horseracing.--The term `unlawful Internet 
     gambling' shall not include placing, receiving, or otherwise 
     transmitting a bet or wager that is governed by and complies 
     with the Interstate Horseracing Act of 1978.
       ``(E) Intermediate routing.--The intermediate routing of 
     electronic data shall not determine the location or locations 
     in which a bet or wager is initiated, received, or otherwise 
     made.
       ``(11) Other terms.--
       ``(A) Credit; creditor; credit card; and card issuer.--The 
     terms `credit', `creditor', `credit card', and `card issuer' 
     have the same meanings as in section 103 of the Truth in 
     Lending Act.
       ``(B) Electronic fund transfer.--The term `electronic fund 
     transfer'--
       ``(i) has the same meaning as in section 903 of the 
     Electronic Fund Transfer Act, except that such term includes 
     transfers that would otherwise be excluded under section 
     903(6)(E) of that Act; and
       ``(ii) includes any fund transfer covered by Article 4A of 
     the Uniform Commercial Code, as in effect in any State.
       ``(C) Financial institution.--The term `financial 
     institution' has the same meaning as in section 903 of the 
     Electronic Fund Transfer Act, except that such term does not 
     include a casino, sports book, or other business at or 
     through which bets or wagers may be placed or received.
       ``(D) Insured depository institution.--The term `insured 
     depository institution'--
       ``(i) has the same meaning as in section 3 of the Federal 
     Deposit Insurance Act; and
       ``(ii) includes an insured credit union (as defined in 
     section 101 of the Federal Credit Union Act).
       ``(E) Money transmitting business and money transmitting 
     service.--The terms `money transmitting business' and `money 
     transmitting service' have the same meanings as in section 
     5330(d) (determined without regard to any regulations issued 
     by the Secretary thereunder).

     ``Sec. 5363. Prohibition on acceptance of any financial 
       instrument for unlawful Internet gambling

       ``No person engaged in the business of betting or wagering 
     may knowingly accept, in connection with the participation of 
     another person in unlawful Internet gambling--
       ``(1) credit, or the proceeds of credit, extended to, or on 
     behalf of, such other person (including credit extended 
     through the use of a credit card);
       ``(2) an electronic fund transfer, or funds transmitted by 
     or through a money transmitting business, or the proceeds of 
     an electronic fund transfer or money transmitting service, 
     from or on behalf of such other person;
       ``(3) any check, draft, or similar instrument which is 
     drawn by, or on behalf of, such other person and is drawn on 
     or payable at or through any financial institution; or
       ``(4) the proceeds of any other form of financial 
     transaction, as the Secretary may prescribe by regulation, 
     which involves a financial institution as a payor or 
     financial intermediary on behalf of, or for the benefit of, 
     such other person.

     ``Sec. 5364. Policies and procedures to identify and prevent 
       restricted transactions

       ``(a) Regulations.--Before the end of the 270-day period 
     beginning on the date of enactment of this subchapter, the 
     Secretary, in consultation with the Board of Governors of the 
     Federal Reserve System and the Attorney General, shall 
     prescribe regulations requiring each designated payment 
     system, and all participants therein, to identify and prevent 
     restricted transactions through the establishment of policies 
     and procedures reasonably designed to identify and prevent 
     restricted transactions in any of the following ways:
       ``(1) The establishment of policies and procedures that--
       ``(A) allow the payment system and any person involved in 
     the payment system to identify restricted transactions by 
     means of codes in authorization messages or by other means; 
     and
       ``(B) block restricted transactions identified as a result 
     of the policies and procedures developed pursuant to 
     subparagraph (A).
       ``(2) The establishment of policies and procedures that 
     prevent the acceptance of the products or services of the 
     payment system in connection with a restricted transaction.
       ``(b) Requirements for Policies and Procedures.--In 
     prescribing regulations under subsection (a), the Secretary 
     shall--
       ``(1) identify types of policies and procedures, including 
     nonexclusive examples, which would be deemed, as applicable, 
     to be reasonably designed to identify, block, or prevent the 
     acceptance of the products or services with respect to each 
     type of restricted transaction;
       ``(2) to the extent practical, permit any participant in a 
     payment system to choose among alternative means of 
     identifying and blocking, or otherwise preventing the 
     acceptance of the products or services of the payment system 
     or participant in connection with, restricted transactions; 
     and
       ``(3) consider exempting restricted transactions from any 
     requirement imposed under such regulations, if the Secretary 
     finds that it is not reasonably practical to identify and 
     block, or otherwise prevent, such transactions.
       ``(c) Compliance With Payment System Policies and 
     Procedures.--A financial transaction provider shall be 
     considered to be in compliance with the regulations 
     prescribed under subsection (a), if--
       ``(1) such person relies on, and complies with, the 
     policies and procedures of a designated payment system of 
     which it is a member or participant to--
       ``(A) identify and block restricted transactions; or
       ``(B) otherwise prevent the acceptance of the products or 
     services of the payment system, member, or participant in 
     connection with restricted transactions; and
       ``(2) such policies and procedures of the designated 
     payment system comply with the requirements of regulations 
     prescribed under subsection (a).
       ``(d) No Liability for Blocking or Refusing to Honor 
     Restricted Transactions.--A person shall not be liable to any 
     party if such person --
       ``(1) is subject to a regulation prescribed or order issued 
     under this subchapter; and
       ``(2) blocks, or otherwise refuses to honor a transaction--
       ``(A) that is a restricted transaction;
       ``(B) that such person reasonably believes to be a 
     restricted transaction; or
       ``(C) as a designated payment system or a member of a 
     designated payment system in reliance on the policies and 
     procedures of the payment system, in an effort to comply with 
     regulations prescribed under subsection (a).
       ``(e) Regulatory Enforcement.--The requirements of this 
     section shall be enforced exclusively by the Federal 
     functional regulators and the Federal Trade Commission, in 
     the manner provided in section 505(a) of the Gramm-Leach-
     Bliley Act.

     ``Sec. 5365. Circumventions prohibited

       ``Notwithstanding section 5362(2), a financial transaction 
     provider, or any interactive computer service or 
     telecommunications service, may be liable under this 
     subchapter if such person has actual knowledge and control of 
     bets and wagers, and--
       ``(1) operates, manages, supervises, or directs an Internet 
     website at which unlawful bets or wagers may be placed, 
     received, or otherwise made, or at which unlawful bets or 
     wagers are offered to be placed, received, or otherwise made; 
     or
       ``(2) owns or controls, or is owned or controlled by, any 
     person who operates, manages, supervises, or directs an 
     Internet website at which unlawful bets or wagers may be 
     placed, received, or otherwise made, or at which unlawful 
     bets or wagers are offered to be placed, received, or 
     otherwise made.''.
       (b) Technical and Conforming Amendment.--The table of 
     sections for chapter 53 of title 31, United States Code, is 
     amended by adding at the end the following:


 ``Subchapter IV--Prohibition on Funding of Unlawful Internet Gambling

``5361. Congressional findings and purpose
``5362. Definitions
``5363. Prohibition on acceptance of any financial instrument for 
              unlawful Internet gambling
``5364. Policies and procedures to identify and prevent restricted 
              transactions
``5365. Circumventions prohibited''.

     SEC. ___. INTERNET GAMBLING IN OR THROUGH FOREIGN 
                   JURISDICTIONS.

       (a) In General.--In deliberations between the United States 
     Government and any other country on money laundering, 
     corruption, and crime issues, the United States Government 
     should--
       (1) encourage cooperation by foreign governments and 
     relevant international fora in identifying whether Internet 
     gambling operations are being used for money laundering, 
     corruption, or other crimes;
       (2) advance policies that promote the cooperation of 
     foreign governments, through information sharing or other 
     measures, in the enforcement of this Act; and
       (3) encourage the Financial Action Task Force on Money 
     Laundering, in its annual report on money laundering 
     typologies, to study the extent to which Internet gambling 
     operations are being used for money laundering purposes.
       (b) Report Required.--The Secretary of the Treasury shall 
     submit an annual report to Congress on any deliberations 
     between the United States and other countries on issues 
     relating to Internet gambling.
                                 ______
                                 
  SA 2954. Mr. BAUCUS submitted an amendment intended to be proposed by 
him to the bill S. 2349, to provide greater transparency in the 
legislative process; which was ordered to lie on the table; as follows:


[[Page 2933]]

       On page 16, strike line 1 and insert the following:

     SEC. 113. PROHIBITION ON USING CHARITIES FOR PERSONAL OR 
                   POLITICAL GAIN.

       (a) In General.--Rule XXXVII of the Standing Rules of the 
     Senate is amended by adding at the end the following:
       ``13. (a) A Member of the Senate shall not use for personal 
     or political gain any organization--
       ``(1) which is described in section 501(c)(3) of the 
     Internal Revenue Code of 1986 and exempt from tax under 
     section 501(a) of such Code; and
       ``(2) the affairs over which such Member or the spouse of 
     such Member is in a position to exercise substantial 
     influence.
       ``(b) For purposes of this paragraph, a Member of the 
     Senate shall be considered to have used an organization 
     described in subparagraph (a) for personal or political gain 
     if--
       ``(1) a member of the family (within the meaning of section 
     4946(d) of the Internal Revenue Code of 1986) of the Member 
     is employed by the organization;
       ``(2) any of the Member's staff is employed by the 
     organization,
       ``(3) an individual or firm that receives money from the 
     Member's campaign committee or a political committee 
     established, maintained, or controlled by the Member serves 
     in a paid capacity with or receives a payment from the 
     organization;
       ``(4) the organization pays for travel or lodging costs 
     incurred by the Member for a trip on which the Member also 
     engages in political fundraising activities; or
       ``(5) another organization that receives support from such 
     organization pays for travel or lodging costs incurred by the 
     Member.
       ``(c)(1) A Member of the Senate and any employee on the 
     staff of a Member to which paragraph 9(c) applies shall 
     disclose to the Secretary of the Senate the identity of any 
     person who makes an applicable contribution and the amount of 
     any such contribution.
       ``(2) For purposes of this subparagraph, an applicable 
     contribution is a contribution--
       ``(A) which is to an organization described in subparagraph 
     (a);
       ``(B) which is over $200; and
       ``(C) of which such Member or employee, as the case may be, 
     knows.
       ``(3) The Secretary of the Senate shall make available to 
     the public all disclosures filed pursuant to this 
     subparagraph as soon as possible after they are received.
       ``(d)(1) The Select Committee on Ethics may grant a waiver 
     to any Member with respect to the application of this 
     paragraph in the case of an organization which is described 
     in subparagraph (a)(1) and the affairs over which the spouse 
     of the Member, but not the Member, is in a position to 
     exercise substantial influence.
       ``(2) In granting a waiver under this subparagraph, the 
     Select Committee on Ethics shall consider all the facts and 
     circumstances relating to the relationship between the Member 
     and the organization, including--
       ``(A) the independence of the Member from the organization;
       ``(B) the degree to which the organization receives 
     contributions from multiple sources not affiliated with the 
     Member;
       ``(C) the risk of abuse; and
       ``(D) whether the organization was formed prior to and 
     separately from such spouse's involvement with the 
     organization.''.
       (b) Effective Date.--The amendment made by this section 
     shall take effect on January 1, 2007.

     SEC. 114. EFFECTIVE DATE.

                                 ______
                                 
  SA 2955. Mr. FRIST submitted an amendment intended to be proposed by 
him to the bill S. 2349, to provide greater transparency in the 
legislative process; which was ordered to lie on the table; as follows:

       At the end of title II, insert the following:

     SEC. __. MODIFICATION OF DEFINITION OF PUBLIC COMMUNICATION.

       (a) Short Title.--This section may be cited as the ``Online 
     Freedom of Speech Act''.
       (b) Amendment.--Section 301(22) of the Federal Election 
     Campaign Act of 1971 (2 U.S.C. 431(22)) is amended by adding 
     at the end the following: ``Such term shall not include 
     communications over the Internet.''.
                                 ______
                                 
  SA 2956. Mr. LAUTENBERG submitted an amendment intended to be 
proposed by him to the bill S. 2349, to provide greater transparency in 
the legislative process; which was ordered to lie on the table; as 
follows:

       On page 15, after line 24, insert the following:

     SEC. 112A. WRONGFULLY INFLUENCING A PRIVATE ENTITY'S 
                   EMPLOYMENT DECISIONS OR PRACTICES.

       (a) In General.--Chapter 11 of title 18, United States 
     Code, is amended by adding at the end the following:

     ``SEC. 226. WRONGFULLY INFLUENCING A PRIVATE ENTITY'S 
                   EMPLOYMENT DECISIONS BY A MEMBER OF CONGRESS.

       ``(a) In General.--Whoever, being a Senator or 
     Representative in, or a Delegate or Resident Commissioner to, 
     the Congress or an employee of either House of Congress, with 
     the intent to influence on the basis of partisan political 
     affiliation an employment decision or employment practice of 
     any private entity--
       ``(1) takes or withholds, or offers or threatens to take or 
     withhold, an official act; or
       ``(2) influences, or offers or threatens to influence, the 
     official act of another;

     shall be fined under this title or imprisoned for not more 
     than 15 years, or both, and may be disqualified from holding 
     any office of honor, trust, or profit under the United 
     States.
       ``(b) Official Act.--In this section, the term `official 
     act' shall have the same meaning as in section 201(a) of this 
     title.''.
       (b) No Inference.--Nothing in section 226 of title 18, 
     United States Code, as added by this section, shall be 
     construed to create any inference with respect to whether the 
     activity described in section 226 of title 18, United States 
     Code, was already a criminal or civil offense prior to the 
     enactment of this Act, including sections 201(b), 201(c), and 
     216 of title 18, United States Code.
       (c) Chapter Analysis.--The chapter analysis for chapter 11 
     of title 18, United States Code, is amended by adding at the 
     end the following:

``226. Wrongfully influencing a private entity's employment decisions 
              by a Member of Congress.''.
                                 ______
                                 
  SA 2957. Mr. McCAIN (for himself, Ms. Collins, Mr. Lieberman, and Mr. 
Obama) submitted an amendment intended to be proposed by him to the 
bill S. 2349, to provide greater transparency in the legislative 
process; which was ordered to lie on the table; as follows:

       At the end of the bill, add the following:

              TITLE III--SENATE OFFICE OF PUBLIC INTEGRITY

     SEC. 311. ESTABLISHMENT OF SENATE OFFICE OF PUBLIC INTEGRITY.

       There is established, as an office within the Senate, the 
     Senate Office of Public Integrity (referred to in this title 
     as the ``Office'').

     SEC. 312. DIRECTOR.

       (a) Appointment of Director.--
       (1) In general.--The Office shall be headed by a Director 
     who shall be appointed by the President Pro Tempore of the 
     Senate upon the joint recommendation of the majority leader 
     of the Senate and the minority leader of the Senate. The 
     selection and appointment of the Director shall be without 
     regard to political affiliation and solely on the basis of 
     fitness to perform the duties of the Office.
       (2) Qualifications.--The Director shall possess 
     demonstrated integrity, independence, and public credibility 
     and shall have training or experience in law enforcement, the 
     judiciary, civil or criminal litigation, or as a member of a 
     Federal, State, or local ethics enforcement agency.
       (b) Vacancy.--A vacancy in the directorship shall be filled 
     in the manner in which the original appointment was made.
       (c) Term of Office.--The Director shall serve for a term of 
     5 years and may be reappointed.
       (d) Removal.--
       (1) Authority.--The Director may be removed by the 
     President Pro Tempore of the Senate upon the joint 
     recommendation of the Senate majority and minority leaders 
     for--
       (A) disability that substantially prevents the Director 
     from carrying out the duties of the Director;
       (B) inefficiency;
       (C) neglect of duty; or
       (D) malfeasance, including a felony or conduct involving 
     moral turpitude.
       (2) Statement of reasons.--In removing the Director, a 
     statement of the reasons for removal shall be provided in 
     writing to the Director.
       (e) Compensation.--The Director shall be compensated at the 
     annual rate of basic pay prescribed for level V of the 
     Executive Schedule under section 5316 of title 5, United 
     States Code.

     SEC. 313. DUTIES AND POWERS OF THE OFFICE.

       (a) Duties.--The Office is authorized--
       (1) to investigate any alleged violation by a Member, 
     officer, or employee of the Senate, of any rule or other 
     standard of conduct applicable to the conduct of such Member, 
     officer, or employee under applicable Senate rules in the 
     performance of his duties or the discharge of his 
     responsibilities;
       (2) to present a case of probable ethics violations to the 
     Select Committee on Ethics of the Senate;
       (3) to make recommendations to the Select Committee on 
     Ethics of the Senate that it report to the appropriate 
     Federal or State authorities any substantial evidence of a 
     violation by a Member, officer, or employee of the Senate of 
     any law applicable to the performance of his duties or the 
     discharge of his responsibilities, which may have been 
     disclosed in an investigation by the Office; and
       (4) subject to review by the Select Committee on Ethics to 
     approve, or deny approval, of trips as provided for in 
     paragraph 2(f) of rule XXXV of the Standing Rules of the 
     Senate.
       (b) Powers.--

[[Page 2934]]

       (1) Obtaining information.--Upon request of the Office, the 
     head of any agency or instrumentality of the Government shall 
     furnish information deemed necessary by the Director to 
     enable the Office to carry out its duties.
       (2) Referrals to the department of justice.--Whenever the 
     Director has reason to believe that a violation of law may 
     have occurred, he shall refer that matter to the Select 
     Committee on Ethics with a recommendation as to whether the 
     matter should be referred to the Department of Justice or 
     other appropriate authority for investigation or other 
     action.

     SEC. 314. INVESTIGATIONS AND INTERACTION WITH THE SENATE 
                   SELECT COMMITTEE ON ETHICS.

       (a) Initiation of Enforcement Matters.--
       (1) In general.--An investigation may be initiated by the 
     filing of a complaint with the Office by a Member of Congress 
     or an outside complainant, or by the Office on its own 
     initiative, based on any information in its possession. The 
     Director shall not accept a complaint concerning a Member of 
     Congress within 60 days of an election involving such Member.
       (2) Filed complaint.--
       (A) Timing.--In the case of a complaint that is filed, the 
     Director shall within 30 days make an initial determination 
     as to whether the complaint should be dismissed or whether 
     there are sufficient grounds to conduct an investigation. The 
     subject of the complaint shall be provided by the Director 
     with an opportunity during the 30-day period to challenge the 
     complaint.
       (B) Dismissal.--The Director may dismiss a complaint if the 
     Director determines--
       (i) the complaint fails to state a violation;
       (ii) there is a lack of credible evidence of a violation; 
     or
       (iii) the violation is inadvertent, technical, or otherwise 
     of a de minimis nature.
       (C) Referral.--In any case where the Director decides to 
     dismiss a complaint, the Director may refer the case to the 
     Select Committee on Ethics of the Senate under paragraph (3) 
     to determine if the complaint is frivolous.
       (3) Frivolous complaints.--If the Select Committee on 
     Ethics of the Senate determines that a complaint is 
     frivolous, the committee may notify the Director not to 
     accept any future complaint filed by that same person and the 
     complainant may be required to pay for the costs of the 
     Office resulting from such complaint. The Director may refer 
     the matter to the Department of Justice to collect such 
     costs.
       (4) Preliminary determination.--For any investigation 
     conducted by the Office at its own initiative, the Director 
     shall make a preliminary determination of whether there are 
     sufficient grounds to conduct an investigation. Before making 
     that determination, the subject of the investigation shall be 
     provided by the Director with an opportunity to submit 
     information to the Director that there are not sufficient 
     grounds to conduct an investigation.
       (5) Notice to committee.--Whenever the Director determines 
     that there are sufficient grounds to conduct an 
     investigation--
       (A) the Director shall notify the Select Committee on 
     Ethics of the Senate of this determination; and
       (B) the committee may overrule the determination of the 
     Director if, within 10 legislative days--
       (i) the committee by an affirmative, roll-call vote of two-
     thirds of the full committee votes to overrule the 
     determination of the Director;
       (ii) the committee issues a public report on the matter; 
     and
       (iii) the vote of each member of the committee on such 
     roll-call vote is included in the report.
       (b) Conducting Investigations.--
       (1) In general.--If the Director determines that there are 
     sufficient grounds to conduct an investigation and his 
     determination is not overruled under subsection (a)(5), the 
     Director shall conduct an investigation to determine if 
     probable cause exists that a violation occurred.
       (2) Authority.--As part of an investigation, the Director 
     may--
       (A) administer oaths;
       (B) issue subpoenas;
       (C) compel the attendance of witnesses and the production 
     of papers, books, accounts, documents, and testimony; and
       (D) himself, or by delegation to Office staff, take the 
     deposition of witnesses.
       (3) Refusal to obey.--If a person disobeys or refuses to 
     comply with a subpoena, or if a witness refuses to testify to 
     a matter, he may be held in contempt of Congress.
       (4) Enforcement.--If the Director determines that the 
     Director is limited in the Director's ability to obtain 
     documents, testimony, and other information needed as part of 
     an investigation because of potential constitutional, 
     statutory, or rules restrictions, or due to lack of 
     compliance, the Director may refer the matter to the Select 
     Committee on Ethics of the Senate for consideration and 
     appropriate action by the committee. The committee shall 
     promptly act on a request under this paragraph.
       (c) Presentation of Case to Senate Select Committee on 
     Ethics.--
       (1) Notice to committees.--If the Director determines, upon 
     conclusion of an investigation, that probable cause exists 
     that an ethics violation has occurred, the Director shall 
     notify the Select Committee on Ethics of the Senate of this 
     determination.
       (2) Committee decision.--The Select Committee on Ethics may 
     overrule the determination of the Director if, within 30 
     legislative days--
       (A) the committee by an affirmative, roll-call vote of two-
     thirds of the full committee votes to overrule the 
     determination of the Director;
       (B) the committee issues a public report on the matter; and
       (C) the vote of each member of the committee on such roll-
     call vote is included in the report.
       (3) Determination and ruling.--
       (A) Referral.--If the Director determines there is probable 
     cause that an ethics violation has occurred and the 
     Director's determination is not overruled, the Director shall 
     present the case and evidence to the Select Committee on 
     Ethics of the Senate to hear and make a determination 
     pursuant to its rules.
       (B) Final decision.--The Select Committee on Ethics shall 
     vote upon whether the individual who is the subject of the 
     investigation has violated any rules or other standards of 
     conduct applicable to that individual in his official 
     capacity. Such votes shall be a roll-call vote of the full 
     committee, a quorum being present. The committee shall issue 
     a public report which shall include the vote of each member 
     of the committee on such roll-call vote.
       (d) Sanctions.--Whenever the Select Committee on Ethics of 
     the Senate finds that an ethics violation has occurred, the 
     Director shall recommend appropriate sanctions to the 
     committee and whether a matter should be referred to the 
     Department of Justice for investigation.

     SEC. 315. PROCEDURAL RULES.

       (a) Prohibition of Certain Investigations.--No 
     investigation shall be undertaken by the Office of any 
     alleged violation of a law, rule, regulation, or standard of 
     conduct not in effect at the time of the alleged violation.
       (b) Disclosure.--Information or testimony received, or the 
     contents of a complaint or the fact of its filing, or 
     recommendations made by the Director to the committee, may be 
     publicly disclosed by the Director or by the staff of the 
     Office only if authorized by the Select Committee on Ethics 
     of the Senate.

     SEC. 316. SOPI EMPLOYEES UNDER THE CONGRESSIONAL 
                   ACCOUNTABILITY ACT.

       Section 101 of the Congressional Accountability Act of 1995 
     (2 U.S.C. 3) is amended--
       (1) in paragraph (3)--
       (A) in subparagraph (H), by striking ``or'';
       (B) in subparagraph (I), by striking the period and 
     inserting ``; or''; and
       (C) by adding at the end the following:
       ``(J) the Office of Public Integrity.''; and
       (2) in paragraph (9), by striking ``and the Office of 
     Technology Assessment'' and inserting ``the Office of 
     Technology Assessment, and the Senate Office of Public 
     Integrity''.

     SEC. 317. EFFECTIVE DATE.

       (a) In General.--Except as provided by subsection (b), this 
     title shall take effect on January 1, 2007.
       (b) Exception.--Section 312 shall take effect upon the date 
     of enactment of this Act.
                                 ______
                                 
  SA 2958. Mr. McCAIN submitted an amendment intended to be proposed by 
him to the bill S. 2349, to provide greater transparency in the 
legislative process; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

             TITLE __--REFORM OF SECTION 527 ORGANIZATIONS

     SEC. __01. SHORT TITLE.

       This title may be cited as the ``527 Reform Act of 2005''.

     SEC. __02. TREATMENT OF SECTION 527 ORGANIZATIONS.

       (a) Definition of Political Committee.--Section 301(4) of 
     the Federal Election Campaign Act of 1971 (2 U.S.C. 431(4)) 
     is amended--
       (1) by striking the period at the end of subparagraph (C) 
     and inserting ``; or''; and
       (2) by adding at the end the following:
       ``(D) any applicable 527 organization.''.
       (b) Definition of Applicable 527 Organization.--Section 301 
     of such Act (2 U.S.C. 431) is amended by adding at the end 
     the following new paragraph:
       ``(27) Applicable 527 organization.--
       ``(A) In general.--For purposes of paragraph (4)(D), the 
     term `applicable 527 organization' means a committee, club, 
     association, or group of persons that--
       ``(i) has given notice to the Secretary of the Treasury 
     under section 527(i) of the Internal Revenue Code of 1986 
     that it is to be treated as an organization described in 
     section 527 of such Code; and
       ``(ii) is not described in subparagraph (B).
       ``(B) Excepted organizations.--A committee, club, 
     association, or other group of persons described in this 
     subparagraph is--
       ``(i) an organization described in section 527(i)(5) of the 
     Internal Revenue Code of 1986;

[[Page 2935]]

       ``(ii) an organization which is a committee, club, 
     association or other group of persons that is organized, 
     operated, and makes disbursements exclusively for paying 
     expenses described in the last sentence of section 527(e)(2) 
     of the Internal Revenue Code of 1986 or expenses of a 
     newsletter fund described in section 527(g) of such Code;
       ``(iii) an organization which is a committee, club, 
     association, or other group that consists solely of 
     candidates for State or local office, individuals holding 
     State or local office, or any combination of either, but only 
     if the organization refers only to one or more non-Federal 
     candidates or applicable State or local issues in all of its 
     voter drive activities and does not refer to a Federal 
     candidate or a political party in any of its voter drive 
     activities; or
       ``(iv) an organization described in subparagraph (C).
       ``(C) Applicable organization.--For purposes of 
     subparagraph (B)(iv), an organization described in this 
     subparagraph is a committee, club, association, or other 
     group of persons whose election or nomination activities 
     relate exclusively to--
       ``(i) elections where no candidate for Federal office 
     appears on the ballot; or
       ``(ii) one or more of the following purposes:

       ``(I) Influencing the selection, nomination, election, or 
     appointment of one or more candidates to non-Federal offices.
       ``(II) Influencing one or more applicable State or local 
     issues.
       ``(III) Influencing the selection, appointment, nomination, 
     or confirmation of one or more individuals to non-elected 
     offices.

       ``(D) Exclusivity test.--A committee, club, association, or 
     other group of persons shall not be treated as meeting the 
     exclusivity requirement of subparagraph (C) if it makes 
     disbursements aggregating more than $1,000 for any of the 
     following:
       ``(i) A public communication that promotes, supports, 
     attacks, or opposes a clearly identified candidate for 
     Federal office during the 1-year period ending on the date of 
     the general election for the office sought by the clearly 
     identified candidate (or, if a runoff election is held with 
     respect to such general election, on the date of the runoff 
     election).
       ``(ii) Any voter drive activity during a calendar year, 
     except that no disbursements for any voter drive activity 
     shall be taken into account under this subparagraph if the 
     committee, club, association, or other group of persons 
     during such calendar year--

       ``(I) makes disbursements for voter drive activities with 
     respect to elections in only 1 State and complies with all 
     applicable election laws of that State, including laws 
     related to registration and reporting requirements and 
     contribution limitations;
       ``(II) refers to one or more non-Federal candidates or 
     applicable State or local issues in all of its voter drive 
     activities and does not refer to any Federal candidate or any 
     political party in any of its voter drive activities;
       ``(III) does not have a candidate for Federal office, an 
     individual who holds any Federal office, a national political 
     party, or an agent of any of the foregoing, control or 
     materially participate in the direction of the organization, 
     solicit contributions to the organization (other than funds 
     which are described under clauses (i) and (ii) of section 
     323(e)(1)(B)), or direct disbursements, in whole or in part, 
     by the organization; and
       ``(IV) makes no contributions to Federal candidates.

       ``(E) Certain references to federal candidates not taken 
     into account.--For purposes of subparagraphs (B)(iii) and 
     (D)(ii)(II), a voter drive activity shall not be treated as 
     referring to a clearly identified Federal candidate if the 
     only reference to the candidate in the activity is--
       ``(i) a reference in connection with an election for a non-
     Federal office in which such Federal candidate is also a 
     candidate for such non-Federal office; or
       ``(ii) a reference to the fact that the candidate has 
     endorsed a non-Federal candidate or has taken a position on 
     an applicable State or local issue, including a reference 
     that constitutes the endorsement or position itself.
       ``(F) Certain references to political parties not taken 
     into account.--For purposes of subparagraphs (B)(iii) and 
     (D)(ii)(II), a voter drive activity shall not be treated as 
     referring to a political party if the only reference to the 
     party in the activity is--
       ``(i) a reference for the purpose of identifying a non-
     Federal candidate;
       ``(ii) a reference for the purpose of identifying the 
     entity making the public communication or carrying out the 
     voter drive activity; or
       ``(iii) a reference in a manner or context that does not 
     reflect support for or opposition to a Federal candidate or 
     candidates and does reflect support for or opposition to a 
     State or local candidate or candidates or an applicable State 
     or local issue.
       ``(G) Applicable state or local issue.--For purposes of 
     this paragraph, the term `applicable State or local issue' 
     means any State or local ballot initiative, State or local 
     referendum, State or local constitutional amendment, State or 
     local bond issue, or other State or local ballot issue.''.
       (c) Definition of Voter Drive Activity.--Section 301 of 
     such Act (2 U.S.C. 431), as amended by subsection (b), is 
     further amended by adding at the end the following new 
     paragraph:
       ``(28) Voter drive activity.--The term `voter drive 
     activity' means any of the following activities conducted in 
     connection with an election in which a candidate for Federal 
     office appears on the ballot (regardless of whether a 
     candidate for State or local office also appears on the 
     ballot):
       ``(A) Voter registration activity.
       ``(B) Voter identification.
       ``(C) Get-out-the-vote activity.
       ``(D) Generic campaign activity.
       ``(E) Any public communication related to activities 
     described in subparagraphs (A) through (D).

     Such term shall not include any activity described in 
     subparagraph (A) or (B) of section 316(b)(2).''.
       (d) Regulations.--The Federal Election Commission shall 
     promulgate regulations to implement this section not later 
     than 60 days after the date of enactment of this Act.
       (e) Effective Date.--The amendments made by this section 
     shall take effect on the date which is 60 days after the date 
     of enactment of this Act.

     SEC. __03. RULES FOR ALLOCATION OF EXPENSES BETWEEN FEDERAL 
                   AND NON-FEDERAL ACTIVITIES.

       (a) In General.--Title III of the Federal Election Campaign 
     Act of 1971 (2 U.S.C. 431 et seq.) is amended by adding at 
     the end the following:

     ``SEC. 325. ALLOCATION AND FUNDING RULES FOR CERTAIN EXPENSES 
                   RELATING TO FEDERAL AND NON-FEDERAL ACTIVITIES.

       ``(a) In General.--In the case of any disbursements by any 
     political committee that is a separate segregated fund or 
     nonconnected committee for which allocation rules are 
     provided under subsection (b)--
       ``(1) the disbursements shall be allocated between Federal 
     and non-Federal accounts in accordance with this section and 
     regulations prescribed by the Commission; and
       ``(2) in the case of disbursements allocated to non-Federal 
     accounts, may be paid only from a qualified non-Federal 
     account.
       ``(b) Costs To Be Allocated and Allocation Rules.--
       ``(1) In general.--Disbursements by any separate segregated 
     fund or nonconnected committee, other than an organization 
     described in section 323(b)(1), for any of the following 
     categories of activity shall be allocated as follows:
       ``(A) 100 percent of the expenses for public communications 
     or voter drive activities that refer to one or more clearly 
     identified Federal candidates, but do not refer to any 
     clearly identified non-Federal candidates, shall be paid with 
     funds from a Federal account, without regard to whether the 
     communication refers to a political party.
       ``(B) At least 50 percent, or a greater percentage if the 
     Commission so determines by regulation, of the expenses for 
     public communications and voter drive activities that refer 
     to one or more clearly identified candidates for Federal 
     office and one or more clearly identified non-Federal 
     candidates shall be paid with funds from a Federal account, 
     without regard to whether the communication refers to a 
     political party.
       ``(C) At least 50 percent, or a greater percentage if the 
     Commission so determines by regulation, of the expenses for 
     public communications or voter drive activities that refer to 
     a political party, but do not refer to any clearly identified 
     Federal or non-Federal candidate, shall be paid with funds 
     from a Federal account, except that this paragraph shall not 
     apply to communications or activities that relate exclusively 
     to elections where no candidate for Federal office appears on 
     the ballot.
       ``(D) At least 50 percent, or a greater percentage if the 
     Commission so determines by regulation, of the expenses for 
     public communications or voter drive activities that refer to 
     a political party and refer to one or more clearly identified 
     non-Federal candidates, but do not refer to any clearly 
     identified Federal candidates, shall be paid with funds from 
     a Federal account, except that this paragraph shall not apply 
     to communications or activities that relate exclusively to 
     elections where no candidate for Federal office appears on 
     the ballot.
       ``(E) Unless otherwise determined by the Commission in its 
     regulations, at least 50 percent of any administrative 
     expenses, including rent, utilities, office supplies, and 
     salaries not attributable to a clearly identified candidate, 
     shall be paid with funds from a Federal account, except that 
     for a separate segregated fund such expenses may be paid 
     instead by its connected organization.
       ``(F) At least 50 percent, or a greater percentage if the 
     Commission so determines by regulation, of the direct costs 
     of a fundraising program or event, including disbursements 
     for solicitation of funds and for planning and administration 
     of actual fundraising events, where Federal and non-Federal 
     funds are collected through such program or event shall be 
     paid with funds from a Federal account, except that for a 
     separate segregated fund such costs may be paid instead by 
     its connected organization. This paragraph shall not apply to 
     any fundraising solicitations or any other activity that 
     constitutes a public communication.

[[Page 2936]]

       ``(2) Certain references to federal candidates not taken 
     into account.--For purposes of paragraph (1), a public 
     communication or voter drive activity shall not be treated as 
     referring to a clearly identified Federal candidate if the 
     only reference to the candidate in the communication or 
     activity is--
       ``(A) a reference in connection with an election for a non-
     Federal office in which such Federal candidate is also a 
     candidate for such non-Federal office; or
       ``(B) a reference to the fact that the candidate has 
     endorsed a non-Federal candidate or has taken a position on 
     an applicable State or local issue (as defined in section 
     301(27)(G)), including a reference that constitutes the 
     endorsement or position itself.
       ``(3) Certain references to political parties not taken 
     into account.--For purposes of paragraph (1), a public 
     communication or voter drive activity shall not be treated as 
     referring to a political party if the only reference to the 
     party in the communication or activity is--
       ``(A) a reference for the purpose of identifying a non-
     Federal candidate;
       ``(B) a reference for the purpose of identifying the entity 
     making the public communication or carrying out the voter 
     drive activity; or
       ``(C) a reference in a manner or context that does not 
     reflect support for or opposition to a Federal candidate or 
     candidates and does reflect support for or opposition to a 
     State or local candidate or candidates or an applicable State 
     or local issue.
       ``(c) Qualified Non-Federal Account.--
       ``(1) In general.--For purposes of this section, the term 
     `qualified non-Federal account' means an account which 
     consists solely of amounts--
       ``(A) that, subject to the limitations of paragraphs (2) 
     and (3), are raised by the separate segregated fund or 
     nonconnected committee only from individuals, and
       ``(B) with respect to which all requirements of Federal, 
     State, or local law (including any law relating to 
     contribution limits) are met.
       ``(2) Limitation on individual donations.--
       ``(A) In general.--A separate segregated fund or 
     nonconnected committee may not accept more than $25,000 in 
     funds for its qualified non-Federal account from any one 
     individual in any calendar year.
       ``(B) Affiliation.--For purposes of this paragraph, all 
     qualified non-Federal accounts of separate segregated funds 
     or nonconnected committees which are directly or indirectly 
     established, financed, maintained, or controlled by the same 
     person or persons shall be treated as one account.
       ``(3) Fundraising limitation.--
       ``(A) In general.--No donation to a qualified non-Federal 
     account may be solicited, received, directed, transferred, or 
     spent by or in the name of any person described in subsection 
     (a) or (e) of section 323.
       ``(B) Funds not treated as subject to act.--Except as 
     provided in subsection (a)(2) and this subsection, any funds 
     raised for a qualified non-Federal account in accordance with 
     the requirements of this section shall not be considered 
     funds subject to the limitations, prohibitions, and reporting 
     requirements of this Act for any purpose (including for 
     purposes of subsection (a) or (e) of section 323 or 
     subsection (d)(1) of this section).
       ``(d) Definitions.--
       ``(1) Federal account.--The term `Federal account' means an 
     account which consists solely of contributions subject to the 
     limitations, prohibitions, and reporting requirements of this 
     Act. Nothing in this section or in section 323(b)(2)(B)(iii) 
     shall be construed to infer that a limit other than the limit 
     under section 315(a)(1)(C) applies to contributions to the 
     account.
       ``(2) Nonconnected committee.--The term `nonconnected 
     committee' shall not include a political committee of a 
     political party.
       ``(3) Voter drive activity.--The term `voter drive 
     activity' has the meaning given such term in section 
     301(28).''.
       (b) Reporting Requirements.--Section 304(e) of the Federal 
     Election Campaign Act of 1971 (2 U.S.C. 434(e)) is amended--
       (1) by redesignating paragraphs (3) and (4) as paragraphs 
     (4) and (5); and
       (2) by inserting after paragraph (2) the following new 
     paragraph:
       ``(3) Receipts and disbursements from qualified non-federal 
     accounts.--In addition to any other reporting requirement 
     applicable under this Act, a political committee to which 
     section 325(a) applies shall report all receipts and 
     disbursements from a qualified non-Federal account (as 
     defined in section 325(c)).''.
       (c) Regulations.--The Federal Election Commission shall 
     promulgate regulations to implement the amendments made by 
     this section not later than 180 days after the date of 
     enactment of this Act.
       (d) Effective Date.--The amendments made by this section 
     shall take effect on the date which is 180 days after the 
     date of enactment of this Act.

     SEC. __04. REPEAL OF LIMIT ON AMOUNT OF PARTY EXPENDITURES ON 
                   BEHALF OF CANDIDATES IN GENERAL ELECTIONS.

       (a) Repeal of Limit.--Section 315(d) of the Federal 
     Election Campaign Act of 1971 (2 U.S.C. 441a(d)) is amended--
       (1) in paragraph (1)--
       (A) by striking ``(1) Notwithstanding any other provision 
     of law with respect to limitations on expenditures or 
     limitations on contributions, the national committee'' and 
     inserting ``Notwithstanding any other provision of law with 
     respect to limitations on amounts of expenditures or 
     contributions, a national committee'',
       (B) by striking ``the general'' and inserting ``any'', and
       (C) by striking ``Federal office, subject to the 
     limitations contained in paragraphs (2), (3), and (4) of this 
     subsection'' and inserting ``Federal office in any amount''; 
     and
       (2) by striking paragraphs (2), (3), and (4).
       (b) Conforming Amendments.--
       (1) Indexing.--Section 315(c) of such Act (2 U.S.C. 
     441a(c)) is amended--
       (A) in paragraph (1)(B)(i), by striking ``(d),''; and
       (B) in paragraph (2)(B)(i), by striking ``subsections (b) 
     and (d)'' and inserting ``subsection (b)''.
       (2) Increase in limits for senate candidates facing wealthy 
     opponents.--Section 315(i) of such Act (2 U.S.C. 441a(i)(1)) 
     is amended--
       (A) in paragraph (1)(C)(iii)--
       (i) by adding ``and'' at the end of subclause (I),
       (ii) in subclause (II), by striking ``; and'' and inserting 
     a period, and
       (iii) by striking subclause (III);
       (B) in paragraph (2)(A) in the matter preceding clause (i), 
     by striking ``, and a party committee shall not make any 
     expenditure,'';
       (C) in paragraph (2)(A)(ii), by striking ``and party 
     expenditures previously made''; and
       (D) in paragraph (2)(B), by striking ``and a party shall 
     not make any expenditure''.
       (3) Increase in limits for house candidates facing wealthy 
     opponents.--Section 315A(a) of such Act (2 U.S.C. 441a--1(a)) 
     is amended--
       (A) in paragraph (1)--
       (i) by adding ``and'' at the end of subparagraph (A),
       (ii) in subparagraph (B), by striking ``; and'' and 
     inserting a period, and
       (iii) by striking subparagraph (C);
       (B) in paragraph (3)(A) in the matter preceding clause (i), 
     by striking ``, and a party committee shall not make any 
     expenditure,'';
       (C) in paragraph (3)(A)(ii), by striking ``and party 
     expenditures previously made''; and
       (D) in paragraph (3)(B), by striking ``and a party shall 
     not make any expenditure''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect January 1, 2006.

     SEC. __05. CONSTRUCTION.

       No provision of this title, or amendment made by this 
     title, shall be construed--
       (1) as approving, ratifying, or endorsing a regulation 
     promulgated by the Federal Election Commission;
       (2) as establishing, modifying, or otherwise affecting the 
     definition of political organization for purposes of the 
     Internal Revenue Code of 1986; or
       (3) as affecting the determination of whether a group 
     organized under section 501(c) of the Internal Revenue Code 
     of 1986 is a political committee under section 301(4) of the 
     Federal Election Campaign Act of 1971.

     SEC. __06. JUDICIAL REVIEW.

       (a) Special Rules for Actions Brought on Constitutional 
     Grounds.--If any action is brought for declaratory or 
     injunctive relief to challenge the constitutionality of any 
     provision of this title or any amendment made by this title, 
     the following rules shall apply:
       (1) The action shall be filed in the United States District 
     Court for the District of Columbia and shall be heard by a 3-
     judge court convened pursuant to section 2284 of title 28, 
     United States Code.
       (2) A copy of the complaint shall be delivered promptly to 
     the Clerk of the House of Representatives and the Secretary 
     of the Senate.
       (3) A final decision in the action shall be reviewable only 
     by appeal directly to the Supreme Court of the United States. 
     Such appeal shall be taken by the filing of a notice of 
     appeal within 10 days, and the filing of a jurisdictional 
     statement within 30 days, of the entry of the final decision.
       (4) It shall be the duty of the United States District 
     Court for the District of Columbia and the Supreme Court of 
     the United States to advance on the docket and to expedite to 
     the greatest possible extent the disposition of the action 
     and appeal.
       (b) Intervention by Members of Congress.--In any action in 
     which the constitutionality of any provision of this title or 
     any amendment made by this title is raised (including but not 
     limited to an action described in subsection (a)), any Member 
     of the House of Representatives (including a Delegate or 
     Resident Commissioner to Congress) or Senate shall have the 
     right to intervene either in support of or opposition to the 
     position of a party to the case regarding the 
     constitutionality of the provision or amendment. To avoid 
     duplication of efforts and reduce the burdens placed on the 
     parties to the action, the court in any such action may make 
     such orders as it considers necessary, including orders to 
     require intervenors taking similar positions to file joint 
     papers or to

[[Page 2937]]

     be represented by a single attorney at oral argument.
       (c) Challenge by Members of Congress.--Any Member of 
     Congress may bring an action, subject to the special rules 
     described in subsection (a), for declaratory or injunctive 
     relief to challenge the constitutionality of any provision of 
     this title or any amendment made by this title.
       (d) Applicability.--
       (1) Initial claims.--With respect to any action initially 
     filed on or before December 31, 2008, the provisions of 
     subsection (a) shall apply with respect to each action 
     described in such subsection.
       (2) Subsequent actions.--With respect to any action 
     initially filed after December 31, 2008, the provisions of 
     subsection (a) shall not apply to any action described in 
     such subsection unless the person filing such action elects 
     such provisions to apply to the action.

     SEC. __07. SEVERABILITY.

       If any provision of this title or any amendment made by 
     this title, or the application of a provision or amendment to 
     any person or circumstance, is held to be unconstitutional, 
     the remainder of this title and the amendments made by this 
     title, and the application of the provisions and amendments 
     to any person or circumstance, shall not be affected by the 
     holding.
                                 ______
                                 
  SA 2959. Mr. SCHUMER proposed an amendment to amendment SA 2944 
submitted by Mr. Wyden (for himself, Mr. Grassley, and Mr. Inhofe) to 
the bill S. 2349, to provide greater transparency in the legislative 
process; as follows:

       At the end of the amendment insert the following:
       In the interest of national security, effective 
     immediately, notwithstanding any other provision of law and 
     any prior action or decision by or on behalf of the 
     President, no company, wholly owned or controlled by any 
     foreign government that recognized the Taliban as the 
     legitimate government of Afghanistan during the Taliban's 
     rule between 1996-2001, may own, lease, operate, or manage 
     real property or facilities at a United States port.
                                 ______
                                 
  SA 2960. Mr. LEVIN submitted an amendment intended to be proposed by 
him to the bill S. 2349, to provide greater transparency in the 
legislative process; which was ordered to lie on the table; as follows:

       At the appropriate place in the bill, add the following:

     SEC. __. ELECTRONIC FILING AND PUBLIC DATABASE FOR LOBBYISTS 
                   FOR FOREIGN GOVERNMENTS.

       (a) Electronic Filing.--Section 2 of the Foreign Agents 
     Registration Act (22 U.S.C. 612) is amended by adding at the 
     end the following new subsection:
       ``(g) Electronic Filing of Registration Statements and 
     Updates.--A registration statement or update required to be 
     filed under this section shall be filed in electronic form, 
     in addition to any other form that may be required by the 
     Attorney General.''.
       (b) Public Database.--Section 6 of the Foreign Agents 
     Registration Act (22 U.S.C. 616) is amended by adding at the 
     end the following new subsection:
       ``(d) Public Database of Registration Statements and 
     Updates.--
       ``(1) In general.--The Attorney General shall maintain, and 
     make available to the public over the Internet, without a fee 
     or other access charge, in a searchable, sortable, and 
     downloadable manner, an electronic database that--
       ``(A) includes the information contained in registration 
     statements and updates filed under this Act;
       ``(B) directly links the information it contains to the 
     information disclosed in reports filed with the Federal 
     Election Commission under section 304 of the Federal Election 
     Campaign Act of 1971 (2 U.S.C. 434); and
       ``(C) is searchable and sortable, at a minimum, by each of 
     the categories of information described in section 2(a).
       ``(2) Accountability.--Each registration statement and 
     update filed in electronic form pursuant to section 2(g) 
     shall be made available for public inspection over the 
     internet not more than 48 hours after the registration 
     statement or update is filed.''.
                                 ______
                                 
  SA 2961. Mr. CORNYN submitted an amendment intended to be proposed by 
him to the bill S. 2349, to provide greater transparency in the 
legislative process; which was ordered to lie on the table; as follows:

       On page 24, after line 22, insert the following:
       ``(8) for each client, immediately after listing the 
     client, an identification of whether the client is a public 
     entity, including a State or local government or a 
     department, agency, special purpose district, or other 
     instrumentality of a State or local government, or a private 
     entity.''.
                                 ______
                                 
  SA 2962. Mr. FEINGOLD submitted an amendment intended to be proposed 
by him to the bill S. 2349, to provide greater transparency in the 
legislative process; which was ordered to lie on the table; as follows:

       On page 8, after line 16, insert the following:
       ``(iii) For purposes of this subclause, the term 
     `registered lobbyist' means any person or entity required to 
     register pursuant to section 4(a) of the Lobbying Disclosure 
     Act, and any employee of such registrant as defined in 
     section 3(5) of that Act.''.
                                 ______
                                 
  SA 2963. Mr. FEINGOLD submitted an amendment intended to be proposed 
by him to the bill S. 2349, to provide greater transparency in the 
legislative process; which was ordered to lie on the table; as follows:

       On page 9, after line 10, insert the following:
       ``(iii) the trip was not planned, organized, or arranged by 
     or at the request of a registered lobbyist or foreign agent 
     and
       ``(iv) registered lobbyists will not participate in or 
     attend the trip;''.
                                 ______
                                 
  SA 2964. Mr. FEINGOLD submitted an amendment intended to be proposed 
by him to the bill S. 2349, to provide greater transparency in the 
legislative process; which was ordered to lie on the table; as follows:

       At the end of title I, add the following:

     SEC. _. SENATE CANDIDATES REQUIRED TO FILE ELECTION REPORTS 
                   IN ELECTRONIC FORM.

       (a) In General.--Section 304(a)(11)(D) of the Federal 
     Election Campaign Act of 1971 (2 U.S.C. 434(a)(11)(D)) is 
     amended to read as follows:
       ``(D) As used in this paragraph, the terms `designation', 
     `statement', or `report' mean a designation, statement or 
     report, respectively, which--
       ``(i) is required by this Act to be filed with the 
     Commission, or
       ``(ii) is required under section 302(g) to be filed with 
     the Secretary of the Senate and forwarded by the Secretary to 
     the Commission.''.
       (b) Conforming Amendments.--
       (1) Section 302(g)(2) of such Act (2 U.S.C. 432(g)(2)) is 
     amended by inserting ``or 1 working day in the case of a 
     designation, statement, or report filed electronically'' 
     after ``2 working days''.
       (2) Section 304(a)(11)(B) of such Act (2 U.S.C. 
     434(a)(11)(B)) is amended by inserting ``or filed with the 
     Secretary of the Senate under section 302(g)(1) and forwarded 
     to the Commission'' after ``Act''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to any designation, statement, or report required 
     to be filed after the date of enactment of this Act.
                                 ______
                                 
  SA 2965. Mr. OBAMA (for himself and Mr. Coburn) submitted an 
amendment intended to be proposed by him to the bill S. 2349, to 
provide greater transparency in the legislative process; which was 
ordered to lie on the table; as follows:

       At the appropriate place insert the following:

     SEC. __. BAN ON IN OFFICE EMPLOYMENT NEGOTIATIONS.

       (a) Senate.--Rule XXXVII of the Standing Rules of the 
     Senate is amended by adding at the end the following:
       ``13. (a) A member of the Senate shall not negotiate or 
     have any arrangement concerning prospective private 
     employment if a conflict of interest or an appearance of a 
     conflict of interest might exist.
       ``(b) An employee of the Senate earning in excess of 75 
     percent of the salary paid to a Senator shall recuse himself 
     or herself from working on legislation if a conflict of 
     interest or an appearance of a conflict of interest might 
     exist as a result of negotiations for prospective private 
     employment.
       ``(c) The Select Committee on Ethics shall develop 
     guidelines concerning conduct which is covered by this 
     paragraph.''.
       (b) Criminal Provision.--Section 208 of title 18, United 
     States Code, is amended by adding at the end the following:
       ``(e) Prohibition on Employment Negotiations While in 
     Office.--
       ``(1) In general.--No officer or employee of the executive 
     branch of the United States Government, an independent agency 
     of the United States, or the Federal Reserve, who is 
     compensated at a rate of Executive Schedule Level I, II, or 
     III, shall negotiate or have any arrangement concerning 
     prospective private employment if a conflict of interest or 
     an appearance of a conflict of interest might exist, as 
     determined by the Office of Government Ethics.
       ``(2) Penalty.--A violation of this subsection shall be 
     punished as provided in section 216.''.
                                 ______
                                 
  SA 2966. Mr. DAYTON submitted an amendment intended to be proposed to 
amendment SA 2938 submitted by Mr. Santorum) (for himself, Mr. McCain, 
Mr. Feingold, and Mr. Lieberman) and intended to be proposed to the 
bill S. 2349, to provide greater transparency in the legislative 
process; which was ordered to lie on the table; as follows:


[[Page 2938]]

       Strike all after page 4, line 5, and insert the following:
       ``(9) in the case of a principal campaign committee of a 
     candidate, any flight taken by the candidate during the 
     reporting period on an aircraft that is not licensed by the 
     Federal Aviation Administration to operate for compensation 
     or hire, together with the following information:
       ``(A) The date of the flight.
       ``(B) The destination of the flight.
       ``(C) The owner or lessee of the aircraft.
       ``(D) The purpose of the flight.
       ``(E) The persons on the flight, except for any person 
     flying the aircraft.''.
       (B) Exclusion of paid flight from definition of 
     contribution.--Subparagraph (B) of section 301(8) of the 
     Federal Election Campaign Act of 1971 (2 U.S.C. 431(8)(B)) is 
     amended--
       (i) in clause (xiii), by striking ``and'' at the end;
       (ii) in clause (xiv), by striking the period at the end and 
     inserting ``; and''; and
       (iii) by adding at the end the following new clause:
       ``(xv) any travel expense for a flight taken by the 
     candidate or on behalf of the candidate on an aircraft that 
     is not licensed by the Federal Aviation Administration to 
     operate for compensation or hire: Provided, That the 
     candidate (or the authorized committee of the candidate) pays 
     to the owner, lessee, or other individual who provides the 
     airplane the pro rata share of the fair market value of such 
     flight (as determined by dividing the fair market value of 
     the normal and usual charter fare or rental charge for a 
     comparable plane of appropriate size by the number candidates 
     on the flight) by not later than 7 days after the date on 
     which the flight is taken.''.
       (3) Reimbursement of transportation provided by federal 
     government.--Title III of the Federal Election Campaign Act 
     of 1971 (2 U.S.C. 431 et seq.) is amended by adding at the 
     end the following new section:

     ``SEC. 325. PROHIBITION ON UNREIMBURSED TRANSPORTATION 
                   PROVIDED BY THE FEDERAL GOVERNMENT.

       ``(a) In General.--A candidate, any person performing 
     services on behalf of a candidate or an authorized committee 
     of a candidate, or any person performing services on behalf 
     of a political committee established and maintained by a 
     national political party, shall not use any property of the 
     Federal government as a means of transportation for any 
     purpose related (in whole or in part) to influencing the 
     election of a candidate for Federal office unless such person 
     reimburses the Federal government for the cost of such 
     transportation.
       ``(b) Cost of Transportation by Airplane.--For purposes of 
     subsection (a), in the case of any transportation consisting 
     of a flight on an aircraft, the cost of such transportation 
     shall be the fair market value of such flight (as determined 
     by dividing the normal and usual charter fare or rental 
     charge for a comparable plane of appropriate size by the 
     number of people on board, not including any person flying 
     the aircraft).''.
                                 ______
                                 
  SA 2967. Mr. DAYTON submitted an amendment intended to be proposed by 
him to the bill S. 2349, to provide greater transparency in the 
legislative process; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. RESTRICTIONS ON MEMBERS, OFFICERS, AND EMPLOYEES OF 
                   CONGRESS AND THE EXECUTIVE BRANCH TO GUARANTEE 
                   IMPARTIALITY IN PERFORMING OFFICIAL DUTIES.

       (a) Disclosure.--A Member of Congress and an elected 
     officer and senior employee of either House of Congress shall 
     disclose to the appropriate ethics committee of the House of 
     Representatives or the Senate their private-sector employment 
     for the 6-year period prior to public service and this 
     information shall be made available to the public.
       (b) Conflict of Interest in the Senate.--Paragraph 4 of 
     rule XXXVII of the Standing Rules of the Senate is amended to 
     read as follows:
       ``4. No Member, officer, or employee shall knowingly use 
     his official position to introduce or aid the progress or 
     passage of legislation, a principal purpose of which is to 
     further--
       ``(1) only his pecuniary interest;
       ``(2) only the pecuniary interest of his immediate family;
       ``(3) 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;
       ``(4) only the pecuniary interest of a person with whom the 
     Member, officer, or senior employee personally has or seeks a 
     business, contractual, or other financial relationship that 
     involves other than a routine consumer transaction; or
       ``(5) only the pecuniary interest of any person for whom 
     the Member, officer, or senior employee has, within the last 
     2 years, served as a paid officer, director, trustee, general 
     partner, lobbyist, agent attorney, consultant, or 
     contractor.''.
       (c) Sense of the Senate.--It is the sense of the Senate 
     that the House of Representatives should adopt rules relating 
     to conflict of interest identical to the rule adopted in 
     subsection (b).
       (d) Restrictions on Officers and Senior Employees of the 
     Executive Branch to Guarantee Impartiality in Performing 
     Official Duties.--
       (1) Criminal prohibition.--
       (A) In general.--Chapter 11 of title 18, United States 
     Code, is amended by adding after section 207 the following:

     ``Sec. 207a. Restrictions on officers and senior employees of 
       the executive branch to guarantee impartiality in 
       performing official duties

       ``(a) Impartiality in Performing Official Duties.--No 
     person who is officer or senior employee of the executive 
     branch of the United States shall knowingly participate 
     personally and substantially in an official capacity in any 
     particular matter that directly and particularly benefits a 
     person with whom the officer or senior employee has had a 
     covered relationship.
       ``(b) Penalty.--Violation of this section shall be subject 
     to punishment as provided in section 216 of this title.
       ``(c) Definitions.--In this section:
       ``(1) Active participant.--The term `active participant'--
       ``(A) means devoting significant time to promoting specific 
     programs of the organization, including--
       ``(i) coordination of fundraising efforts;
       ``(ii) service as an official of the organization or in a 
     capacity similar to that of a chairman of a committee or 
     subcommittee or a spokesman; and
       ``(iii) participation in directing the activities of the 
     organization; and
       ``(B) does not include the payment of dues or the donation 
     or solicitation of financial support, without other 
     participation.
       ``(2) Covered relations.--The term `covered relationship'--
       ``(A) means--
       ``(i) a person with whom the officer or senior employee 
     personally has or seeks a business, contractual, or other 
     financial relationship that involves other than a routine 
     consumer transaction;
       ``(ii) a person who is a member of the household of the 
     officer or senior employee, or who is a relative with whom 
     the officer or senior employee has a close personal 
     relationship;
       ``(iii) a person for whom the spouse, parent or dependent 
     child of the officer or senior employee is, to the knowledge 
     of the officer or senior employee, serving or seeking to 
     serve as an officer, director, trustee, general partner, 
     agent, attorney, consultant, contractor or employee;
       ``(iv) any person for whom the officer or senior employee 
     has, within the last 2 years, served as a paid officer, 
     director, trustee, general partner, lobbyist, agent, 
     attorney, consultant, contractor, or employee; or
       ``(v) an organization, other than a political party 
     described in section 527(e) of the Internal Revenue Code of 
     1986, in which the officer or senior employee is an active 
     participant; and
       ``(3) Senior employee.--The term `senior employee' means an 
     employee paid at a rate of Executive Schedule V or higher.''.
       (B) Chapter analysis.--The chapter analysis for chapter 11 
     of title 18, United States Code, is amended by inserting 
     after the item for section 207 the following:

``207a. Restrictions on officers and senior employees of the executive 
              branch to guarantee impartiality in performing official 
              duties.''.
       (2) Private-sector employment.--An officer and a senior 
     employee of the executive branch of the United States shall 
     disclose to the Office of Government Ethics, their private-
     sector employment for the 6-year period prior to public 
     service and this information shall be made available to the 
     public.
       (3) Reporting of the office of government ethics.--The 
     Office of Government Ethics shall make available to the 
     public, on the internet and in a public reading room, any 
     waiver granted by an individual agency ethics officer 
     designee under paragraph (c)(2) or (d) of section 2635.502 of 
     title 5, Code of Federal Regulations (or any corresponding 
     similar regulation or ruling).

                          ____________________