[Congressional Record (Bound Edition), Volume 152 (2006), Part 3]
[Senate]
[Pages 3244-3255]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 2968. Mr. ENSIGN 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 3245]]

       At the appropriate place, insert the following:

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

       (a) Definitions.--In this section:
       (1) Agency.--The term ``agency'' means an Executive agency 
     as defined under section 105 of title 5, United States Code.
       (2) Contractor entity.--The term ``contractor entity'' 
     means any entity that receives Federal funds as a general 
     contractor or subcontractor at any tier in connection with a 
     Federal contract.
       (3) Covered entity.--The term ``covered entity'' means any 
     entity that receives Federal funds--
       (A) through a grant or loan, except--
       (i) a grant or loan under entitlement authority; or
       (ii) a loan designated by the Office of Management and 
     Budget under subsection (b)(3); or
       (B) under a statutory provision that directly references 
     the entity receiving Federal funds, including any 
     appropriations Act (or related committee or conference 
     report) that specifically identifies the entity.
       (4) Entitlement authority.--The term ``entitlement 
     authority'' has the meaning given under section 3 of the 
     Congressional Budget and Impoundment Control Act of 1974 (2 
     U.S.C. 622).
       (5) Entity.--The term ``entity''--
       (A) includes any State or local government; and
       (B) shall not include the Federal Government.
       (b) Office of Management and Budget.--The Office of 
     Management and Budget--
       (1) shall issue a Federal funds application number to each 
     covered entity or contractor entity that applies for such 
     number, except that if more than 1 covered entity or 
     contractor entity share a single tax identification number, 
     only 1 Federal funds application number shall be issued for 
     those covered entities or contractor entities;
       (2) shall develop and establish an updated searchable 
     database website accessible to the public of the information 
     on--
       (A) each covered entity required to be submitted under 
     subsection (c)(3), including links to other websites 
     described under subsection (c)(3); and
       (B) each contractor entity required to be submitted under 
     subsection (d)(3);
       (3) may promulgate regulations to designate loan programs 
     which are not covered by this section if--
       (A) the Federal funds under that program are received only 
     by individuals; and
       (B) the agency administering the program exercises minimal 
     discretion in determining recipients other than the 
     application of specific criteria of eligibility; and
       (4) after consultation with agencies, promulgate 
     regulations to provide exemptions for disclosures of 
     information, covered entities, and contractor entities in the 
     interest of national defense or national security.
       (c) Requirements for Covered Entities.--Each covered entity 
     shall--
       (1) apply to the Office of Management and Budget for a 
     Federal funds application number;
       (2) use the Federal funds application number in any 
     application or other document relating to the receipt of 
     Federal funds; and
       (3) not later than 45 days before the end of each fiscal 
     year, file a report with the Office of Management and Budget 
     that includes--
       (A) the dollar amount, of any Federal funds received by the 
     entity in the previous 5 years and the identification of such 
     amounts in each year, including an identification of the 
     source of funds from programs based on the Catalogue of 
     Federal Assistance, if applicable;
       (B) the entity's--
       (i) primary office and any additional offices;
       (ii) the tax status; and
       (iii) tax identification number;
       (C) the full name, address, and social security numbers of 
     each officer and director of the entity;
       (D) an overall annual financial disclosure statement for 
     the previous year (with specific amounts for total lobbying 
     expenses, travel expenses, rent, salaries, and decorating 
     expenses);
       (E) the full name, address, and social security number of 
     each employee making more than $50,000 each year in gross 
     income;
       (F) any links to the website of the covered entity 
     providing additional information on that covered entity; and
       (G) any other relevant information the Office of Management 
     and Budget may require.
       (d) Requirements for Contractor Entities.--Each contractor 
     entity shall--
       (1) apply to the Office of Management and Budget for a 
     Federal funds application number;
       (2) use the Federal funds application number in any 
     application or other document relating to the receipt of 
     Federal funds; and
       (3) not later than 45 days before the end of each fiscal 
     year, file a report with the Office of Management and Budget 
     that includes--
       (A) the dollar amount, of any Federal funds received by the 
     entity in the previous 5 years and the identification of such 
     amounts in each year, including an identification of the 
     source of funds from programs based on the Catalogue of 
     Federal Assistance, if applicable; and
       (B) the entity's--
       (i) primary office and any additional offices;
       (ii) the tax status; and
       (iii) tax identification number.
       (e) Federal Agencies.--Each agency shall--
       (1) use the Federal funds application number with respect 
     to any document relating to a covered entity or contractor 
     entity receiving Federal funds, including applications, 
     correspondence, contracts, memoranda, proposals, agreements, 
     and receipts; and
       (2) make such information relating to covered entities or 
     contractor entities and such documents available to the 
     Office of Management and Budget as the Office may require.
       (f) Application of Certain Federal Laws to Covered Entities 
     and Contractor Entities.--
       (1) In general.--Notwithstanding any other provision of 
     law, the provisions of law described under paragraph (2) 
     shall apply to a covered entity or contractor entity to the 
     greatest extent practicable as though that covered entity or 
     contractor entity is a Federal agency, if the covered entity 
     or contractor entity has business expenditures or a business 
     budget in any year equal to or greater than 10 percent of the 
     amount of Federal funds received by that covered entity or 
     contractor entity in that year.
       (2) Applicable laws.--The provisions of law referred to 
     under paragraph (1) are--
       (A) section 552 of title 5, United States Code (commonly 
     referred to as the Freedom of Information Act); and
       (B) subchapter I of chapter 57 of title 5, United States 
     Code (relating to travel and subsistence expenses and mileage 
     allowances).
       (g) Regulations.--The Office of Management and Budget shall 
     promulgate regulations to carry out this section.
       (h) Effective Dates.--
       (1) In general.--This section shall take effect on January 
     2, 2007.
       (2) Regulations.--Subsection (g) shall take effect on the 
     date of enactment of this Act.
                                 ______
                                 
  SA 2969. Mr. ENSIGN 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:

       Strike after the first word and, insert the following:

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

       (a) Definitions.--In this section:
       (1) Agency.--The term ``agency'' means an Executive agency 
     as defined under section 105 of title 5, United States Code.
       (2) Contractor entity.--The term ``contractor entity'' 
     means any entity that receives Federal funds as a general 
     contractor or subcontractor at any tier in connection with a 
     Federal contract.
       (3) Covered entity.--The term ``covered entity'' means any 
     entity that receives Federal funds--
       (A) through a grant or loan, except--
       (i) a grant or loan under entitlement authority; or
       (ii) a loan designated by the Office of Management and 
     Budget under subsection (b)(3); or
       (B) under a statutory provision that directly references 
     the entity receiving Federal funds, including any 
     appropriations Act (or related committee or conference 
     report) that specifically identifies the entity.
       (4) Entitlement authority.--The term ``entitlement 
     authority'' has the meaning given under section 3 of the 
     Congressional Budget and Impoundment Control Act of 1974 (2 
     U.S.C. 622).
       (5) Entity.--The term ``entity''--
       (A) includes any State or local government; and
       (B) shall not include the Federal Government.
       (b) Office of Management and Budget.--The Office of 
     Management and Budget--
       (1) shall issue a Federal funds application number to each 
     covered entity or contractor entity that applies for such 
     number, except that if more than 1 covered entity or 
     contractor entity share a single tax identification number, 
     only 1 Federal funds application number shall be issued for 
     those covered entities or contractor entities;
       (2) shall develop and establish an updated searchable 
     database website accessible to the public of the information 
     on--
       (A) each covered entity required to be submitted under 
     subsection (c)(3), including links to other websites 
     described under subsection (c)(3); and
       (B) each contractor entity required to be submitted under 
     subsection (d)(3);
       (3) may promulgate regulations to designate loan programs 
     which are not covered by this section if--
       (A) the Federal funds under that program are received only 
     by individuals; and
       (B) the agency administering the program exercises minimal 
     discretion in determining recipients other than the 
     application of specific criteria of eligibility; and
       (4) after consultation with agencies, promulgate 
     regulations to provide exemptions

[[Page 3246]]

     for disclosures of information, covered entities, and 
     contractor entities in the interest of national defense or 
     national security.
       (c) Requirements for Covered Entities.--Each covered entity 
     shall--
       (1) apply to the Office of Management and Budget for a 
     Federal funds application number;
       (2) use the Federal funds application number in any 
     application or other document relating to the receipt of 
     Federal funds; and
       (3) not later than 45 days before the end of each fiscal 
     year, file a report with the Office of Management and Budget 
     that includes--
       (A) the dollar amount, of any Federal funds received by the 
     entity in the previous 5 years and the identification of such 
     amounts in each year, including an identification of the 
     source of funds from programs based on the Catalogue of 
     Federal Assistance, if applicable;
       (B) the entity's--
       (i) primary office and any additional offices;
       (ii) the tax status; and
       (iii) tax identification number;
       (C) the full name, address, and social security numbers of 
     each officer and director of the entity;
       (D) an overall annual financial disclosure statement for 
     the previous year (with specific amounts for total lobbying 
     expenses, travel expenses, rent, salaries, and decorating 
     expenses);
       (E) the full name, address, and social security number of 
     each employee making more than $50,000 each year in gross 
     income;
       (F) any links to the website of the covered entity 
     providing additional information on that covered entity; and
       (G) any other relevant information the Office of Management 
     and Budget may require.
       (d) Requirements for Contractor Entities.--Each contractor 
     entity shall--
       (1) apply to the Office of Management and Budget for a 
     Federal funds application number;
       (2) use the Federal funds application number in any 
     application or other document relating to the receipt of 
     Federal funds; and
       (3) not later than 45 days before the end of each fiscal 
     year, file a report with the Office of Management and Budget 
     that includes--
       (A) the dollar amount, of any Federal funds received by the 
     entity in the previous 5 years and the identification of such 
     amounts in each year, including an identification of the 
     source of funds from programs based on the Catalogue of 
     Federal Assistance, if applicable; and
       (B) the entity's--
       (i) primary office and any additional offices;
       (ii) the tax status; and
       (iii) tax identification number.
       (e) Federal Agencies.--Each agency shall--
       (1) use the Federal funds application number with respect 
     to any document relating to a covered entity or contractor 
     entity receiving Federal funds, including applications, 
     correspondence, contracts, memoranda, proposals, agreements, 
     and receipts; and
       (2) make such information relating to covered entities or 
     contractor entities and such documents available to the 
     Office of Management and Budget as the Office may require.
       (f) Application of Certain Federal Laws to Covered Entities 
     and Contractor Entities.--
       (1) In general.--Notwithstanding any other provision of 
     law, the provisions of law described under paragraph (2) 
     shall apply to a covered entity or contractor entity to the 
     greatest extent practicable as though that covered entity or 
     contractor entity is a Federal agency, if the covered entity 
     or contractor entity has business expenditures or a business 
     budget in any year equal to or greater than 10 percent of the 
     amount of Federal funds received by that covered entity or 
     contractor entity in that year.
       (2) Applicable laws.--The provisions of law referred to 
     under paragraph (1) are--
       (A) section 552 of title 5, United States Code (commonly 
     referred to as the Freedom of Information Act); and
       (B) subchapter I of chapter 57 of title 5, United States 
     Code (relating to travel and subsistence expenses and mileage 
     allowances).
       (g) Regulations.--The Office of Management and Budget shall 
     promulgate regulations to carry out this section.
       (h) Effective Dates.--
       (1) In general.--This section shall take effect on January 
     1, 2007.
       (2) Regulations.--Subsection (g) shall take effect on the 
     date of enactment of this Act.
                                 ______
                                 
  SA 2970. Mr. SUNUNU (for himself, Mr. McCain, Mr. Graham, and Mr. 
Ensign) 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 4, strike line 21 and all that follows 
     through page 6, line 7, and insert the following:

     SEC. 103. EARMARKS.

       The Standing Rules of the Senate are amended by adding at 
     the end the following:


                              ``RULE XLIV
                               ``EARMARKS

       ``1. In this rule--
       ``(1) the term `earmark' means a provision that specifies 
     the identity of a non-Federal entity to receive assistance 
     and the amount of the assistance; and
       ``(2) the term `assistance' means budget authority, 
     contract authority, loan authority, and other expenditures, 
     and tax expenditures or other revenue items.
       ``2. It shall not be in order to consider any Senate bill 
     or Senate amendment or conference report on any bill, 
     including an appropriations bill, a revenue bill, and an 
     authorizing bill, unless a list of--
       ``(1) all earmarks in such measure;
       ``(2) an identification of the Member or Members who 
     proposed the earmark; and
       ``(3) an explanation of the essential governmental purpose 
     for the earmark;

     is available along with any joint statement of managers 
     associated with the measure to all Members and made available 
     on the Internet to the general public for at least 48 hours 
     before its consideration.''.

     SEC. 104. AVAILABILITY OF CONFERENCE REPORTS ON THE INTERNET.

       (a) In General.--
       (1) Amendment.--Rule XXVIII of all the Standing Rules of 
     the Senate is amended by adding at the end the following:
       ``7. It shall not be in order to consider a conference 
     report unless such report is available to all Members and 
     made available to the general public by means of the Internet 
     for at least 48 hours before its consideration.''.
                                 ______
                                 
  SA 2971. Mr. ENSIGN 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, line 7, after ``principal.'' insert ``This 
     clause shall not apply to a gift, meal, refreshment, or 
     travel provided by a State, local, or tribal government.''.
                                 ______
                                 
  SA 2972. Mr. TALENT (for himself, Mr. Frist, Mr. Allen, and Mrs. 
Dole) 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 16, between lines 3 and 4, insert the following:

     SEC. 114. LINE ITEM VETO.

       (a) Findings.--The Senate finds that --
       (1) the Federal Government has struggled with deficits 
     since World War II, balancing its budget only 9 times since 
     1950;
       (2) the national debt is currently more than 
     $8,200,000,000,000, or 66 percent of the total gross domestic 
     product, and is a long-term threat to our economic health;
       (3) the number of earmarks in appropriations bills has 
     tripled over the last 5 years, to more than 14,000;
       (4) every President for the last 25 years has asked 
     Congress to pass a line item veto to help reduce the deficit 
     by eliminating wasteful spending;
       (5) 43 Governors have line item veto authority, and 
     numerous studies have shown that the line item veto is 
     effective at reducing State spending;
       (6) Congress passed the Line Item Veto Act (Public Law 104-
     30; 110 Stat. 1200) in the 104th Congress, by a 294-134 vote 
     in the House of Representatives and a 69-31 vote in the 
     Senate;
       (7) in 1998 the Supreme Court of the United States, in a 6-
     3 decision, found the Line Item Veto Act unconstitutional;
       (8) the Congress and the President share a responsibility 
     to the American people to spend their money wisely; and
       (9) the Federal Government should use every tool possible 
     to help reduce the deficit, and the line item veto is a time-
     tested method of doing so.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that Congress should provide the President with a 
     constitutionally acceptable line item veto authority.
                                 ______
                                 
  SA 2973. 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 14, between lines 2 and 3, insert the following:

     SEC. 12. ADDITIONAL EMPLOYMENT RIGHTS.

       (a) In General.--Section 104 of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 450i) 
     is amended by striking subsection (j) and inserting the 
     following:
       ``(j) Additional Employment Rights.--
       ``(1) Definition of tribal employee.--In this subsection, 
     the term `tribal employee', with respect to an Indian tribal 
     government, means an individual acting under the day-to-day 
     control or supervision of the Indian tribal government, 
     unaffected by the control or supervision of any independent 
     contractor, agency or organization, or intervening 
     sovereignty.

[[Page 3247]]

       ``(2) Rights of certain employees.--Notwithstanding 
     sections 205 and 207 of title 18, United States Code, an 
     officer or employee of the United States assigned to an 
     Indian tribe under section 3372 of title 5, United States 
     Code, or section 2072 of the Revised Statutes (25 U.S.C. 48), 
     or an individual that was formerly an officer or employee of 
     the United States and who is a tribal employee or an elected 
     or appointed official of an Indian tribe carrying out an 
     official duty of the tribal employee or official may 
     communicate with and appear before any department, agency, 
     court, or commission on behalf of the Indian tribe on any 
     matter, including any matter in which the United States is a 
     party or has a direct and substantial interest.
       ``(3) Notification of involvement in pending matter.--An 
     officer, employee, or former officer or employee described in 
     paragraph (2) shall submit to the head of each appropriate 
     department, agency, court, or commission, in writing, a 
     notification of any personal and substantial involvement the 
     officer, employee, or former officer or employee had as an 
     officer or employee of the United States with respect to the 
     pending matter.''.
       (b) Effective Date.--The effective date of the amendment 
     made by this section shall be the date that is 1 year after 
     the date of enactment of this Act.
                                 ______
                                 
  SA 2974. Mr. McCAIN (for himself, Mr. Kyl, 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:

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

     SEC. 113. REPORTING OF CONTRIBUTIONS BY INDIAN TRIBES.

       (a) In General.--Title III of the Federal Election Campaign 
     Act of 1971 (2 U.S.C. 431 et seq.) is amended by inserting 
     after section 304 the following new section:


                       ``REPORTS BY INDIAN TRIBES

       ``Sec. 304A. (a)(1) In general.--Each Indian tribe shall 
     file reports of contributions made to a candidate, a 
     political committee, or a Federal account of a State, 
     district, or local committee of a political party in 
     accordance with the provisions of this subsection.
       ``(2) Reports.--
       ``(A) Election year.--
       ``(i) In general.--In any calendar year during which there 
     is a regularly scheduled election, an Indian tribe shall file 
     a report--
       ``(I) for the first calendar quarter in which contributions 
     are made that aggregate in excess of $1,000 for the calendar 
     year; and
       ``(II) for any calendar quarter after the quarter described 
     in subclause (I) in which additional contributions are made.
       ``(ii) Timing of reports.--A report required under clause 
     (i) shall be filed no later than the 15th day after the last 
     day of the calendar quarter, and shall be complete as of the 
     last day of the calendar quarter: except that the report for 
     the quarter ending on December 31 shall be filed no later 
     than January 31 of the following calendar year.
       ``(iii) Initial report.--The report required under clause 
     (i)(I) shall include information with respect to 
     contributions made during all preceding quarters during the 
     calendar year.
       ``(B) Other years.--
       ``(i) In general.--In any other calendar year, an Indian 
     tribe shall file a report--
       ``(I) for the first reporting period described in clause 
     (ii) in which contributions are made that aggregate in excess 
     of $1,000 in the calendar year; and
       ``(II) for any reporting period after the period described 
     in subclause (I) in which additional contributions are made.
       ``(ii) Reporting periods described.--The reporting periods 
     described in this clause are--
       ``(I) the period beginning January 1 and ending June 30 of 
     such calendar year; and
       ``(II) the period beginning July 1 and ending December 31 
     of such calendar year.
       ``(iii) Timing of report.--The reports required under 
     clause (i) shall be filed--
       ``(I) in the case of the reporting period described in 
     clause (ii)(I), no later than July 31; and
       ``(II) in the case of the reporting period described in 
     clause (ii)(II), no later than January 31 of the following 
     calendar year.
       ``(iv) Initial report.--The report required under clause 
     (i)(I) shall include information with respect to 
     contributions made during any preceding reporting period 
     during the calendar year.
       ``(b) Contents of Report.--Each report under this section 
     shall disclose--
       ``(1) the total amount of contributions made by the Indian 
     tribe to candidates, political committees, and Federal 
     accounts of State, district, and local committees of 
     political parties during the reporting period;
       ``(2) the name and address of each such candidate, 
     political committee, and Federal account to which the Indian 
     tribe made a contribution during the reporting period, with 
     respect to which the contribution or contributions have an 
     aggregate amount or value in excess of $200 within the 
     calendar year (or election cycle, in the case of an 
     authorized committee of a candidate for Federal office), 
     together with the date and amount of any such contribution;
       ``(3) the name and address of the Indian tribe and the 
     unique identifier assigned to the Indian tribe under 
     subsection (c); and
       ``(4) the name, address, and position of the custodian of 
     the books and accounts of the Indian tribe.
       ``(c) Unique Identifier.--The Commission, in consultation 
     with the Secretary of the Interior, shall assign a unique 
     identifier to each Indian tribe for the purpose of filing 
     reports under this section.''.
       (b) Definition of Indian Tribe.--Section 301 of such Act (2 
     U.S.C. 431) is amended by adding at the end the following new 
     paragraph:
       ``(27) Indian tribe.--The term `Indian tribe' means any 
     Indian tribe, band, nation, or other organized group or 
     community, including any Alaska Native village or regional or 
     village corporation (as defined in or established pursuant to 
     the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et 
     seq.)), which is recognized as eligible for the special 
     programs and services provided by the United States to 
     Indians because of their status as Indians.''.

     SEC. 114. EFFECTIVE DATE.

                                 ______
                                 
  SA 2975. 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:

       On page 5, line 20 between ``available'' and ``on'', insert 
     ``in an electronically searchable format''.
                                 ______
                                 
  SA 2976. 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:

       On page 6, line 6 between ``available'' and ``to'', insert 
     ``in an electronically searchable format''.
                                 ______
                                 
  SA 2977. Mrs. FEINSTEIN 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 lines 4 through 17 and insert the 
     following:
       ``(2) the term `covered earmark' means an earmark that 
     includes any matter not committed to the conferees by either 
     House; and
       ``(3) the term `assistance' means budget authority, 
     contract authority, loan authority, and other expenditures, 
     and tax expenditures or other revenue items.
       ``2. It shall not be in order to consider any Senate bill 
     or Senate amendment or conference report on any bill, 
     including an appropriations bill, a revenue bill, and an 
     authorizing bill, unless a list of--
       ``(1) all covered earmarks in such measure;
       ``(2) an identification of the Member or Members who 
     proposed the covered earmark; and
       ``(3) an explanation of the essential governmental purpose 
     for the covered earmark;
                                 ______
                                 
  SA 2978. Mr. LIEBERMAN (for himself, Ms. Collins, Mr. Obama, 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:

       At the end of the bill, add the following:

                 TITLE III--OFFICE OF PUBLIC INTEGRITY

     SEC. 301. ESTABLISHMENT OF OFFICE OF PUBLIC INTEGRITY.

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

     SEC. 302. DIRECTOR.

       (a) Appointment of Director.--The Office shall be headed by 
     a Director who shall be appointed by agreement of the Speaker 
     of the House of Representatives, the majority leader of the 
     Senate, and the minority leaders of the House of 
     Representatives and 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.
       (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 a majority 
     of the appointing authority 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

[[Page 3248]]

     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. 303. DUTIES AND POWERS OF THE OFFICE.

       (a) Duties.--The Office is authorized--
       (1) to receive, monitor, and oversee reports filed by 
     registered lobbyists under the Lobbying Disclosure Act of 
     1995;
       (2) to assume all other responsibilities and authorities of 
     the Secretary of the Senate and the Clerk of the House of 
     Representatives under the Lobbying Disclosure Act of 1995;
       (3) to refer to the Select Committee on Ethics of the 
     Senate and Committee on Standard of Official Conduct of the 
     House of Representatives, as appropriate, any information it 
     comes across that relates to a possible violation of ethics 
     rules or standards of the relevant body;
       (4) to conduct periodic and random reviews and audits of 
     reports filed with it to ensure compliance with all 
     applicable laws and rules; and
       (5) to provide informal guidance to registrants under the 
     Lobbying Disclosure Act of 1995 of their responsibilities 
     under such Act.
       (b) Powers.--
       (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 the 
     Lobbying Disclosure Act of 1995 may have occurred, he shall 
     refer that matter to the Department of Justice for it to 
     investigate.
       (3) General audits.--The Director shall have the authority 
     to conduct general audits of filings under the Lobbying 
     Disclosure Act of 1995.

     SEC. 304. ADMINISTRATION AND STAFF.

       (a) Staff and Support Services.--The Director may appoint 
     and fix the compensation of such staff as the Director 
     considers necessary.
       (b) Applicability of Civil Service Laws.--The Director and 
     other members of the staff of the Office shall be appointed 
     without regard to the provisions of title 5, United States 
     Code, governing appointments in the competitive service.
       (c) Experts and Consultants.--The Director may procure 
     temporary and intermittent services under section 3109(b) of 
     title 5, United States Code.
       (d) Physical Facilities.--The Architect of the Capitol, in 
     consultation with the appropriate entities in the legislative 
     branch, shall locate and provide suitable office space for 
     the operation of the Office on a nonreimbursable basis. The 
     facilities shall serve as the headquarters of the Office and 
     shall include all necessary equipment and incidentals 
     required for the proper functioning of the Office.
       (e) Administrative Support Services and Other Assistance.--
       (1) In general.--Upon the request of the Director, the 
     Architect of the Capitol and the Administrator of General 
     Services shall provide to the Director on a nonreimbursable 
     basis such administrative support services as the Commission 
     may request.
       (2) Additional support.--In addition to the assistance set 
     forth in paragraph (1), departments and agencies of the 
     United States may provide the Director such services, funds, 
     facilities, staff, and other support services as the Director 
     may deem advisable and as may be authorized by law.
       (f) Use of Mails.--The Office may use the United States 
     mails in the same manner and under the same conditions as 
     Federal agencies and shall, for purposes of the frank, be 
     considered a commission of Congress as described in section 
     3215 of title 39, United States Code.
       (g) Printing.--For purposes of costs relating to printing 
     and binding, including the cost of personnel detailed from 
     the Government Printing Office, the Office shall be deemed to 
     be a committee of the Congress.

     SEC. 305. EXPENSES.

       (a) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this title.
       (b) Financial and Administrative Services.--The Director 
     may place orders and enter into agreements for goods and 
     services with the head of any agency, or major organizational 
     unit within an agency, in the legislative or executive branch 
     of the Government in the same manner and to the same extent 
     as agencies are authorized to do so under sections 1535 and 
     1536 of title 31, United States Code.

     SEC. 306. TRANSFER OF RECORDS.

       Not later than 90 days after the effective date of this 
     Act, the Office of Public Records in the Senate and the 
     Office of Clerk of the House of Representatives shall 
     transfer all records to the Office with respect to their 
     former duties under the Lobbying Disclosure Act of 1995 and 
     the Ethics in Government Act of 1978.

     SEC. 307. TRANSFER OF JURISDICTION TO OFFICE OF PUBLIC 
                   INTEGRITY.

       (a) Filing of Registrations.--Section 4 of the Lobbying 
     Disclosure Act of 1995 (2 U.S.C. 1603) is amended--
       (1) in subsection (a)(1), by striking ``Secretary of the 
     Senate and the Clerk of the House of Representatives'' and 
     inserting ``Office of Public Integrity''; and
       (2) in subsection (d), by striking ``Secretary of the 
     Senate and the Clerk of the House of Representatives'' and 
     inserting ``Office of Public Integrity''.
       (b) Reports by Registered Lobbyists.--Section 5(a) of the 
     Lobbying Disclosure Act of 1995 (2 U.S.C. 1604(a)) is amended 
     by striking ``Secretary of the Senate and the Clerk of the 
     House of Representatives'' and inserting ``Office of Public 
     Integrity''.
       (c) Disclosure and Enforcement.--Section 6(a) of the 
     Lobbying Disclosure Act of 1995 (2 U.S.C. 1605) is amended by 
     striking ``Secretary of the Senate and the Clerk of the House 
     of Representatives'' and inserting ``Office of Public 
     Integrity''.
       (d) Penalties.--Section 7 of the Lobbying Disclosure Act of 
     1995 (2 U.S.C. 1606) is amended by striking ``Secretary of 
     the Senate or the Clerk of the House of Representatives'' and 
     inserting ``Office of Public Integrity''.
       (e) Rules of Construction.--Section 8(c) of the Lobbying 
     Disclosure Act of 1995 (2 U.S.C. 1607(c)) is amended by 
     striking ``Secretary of the Senate or the Clerk of the House 
     of Representatives'' and inserting ``Office of Public 
     Integrity''.
       (f) Estimates Based on Tax Reporting System.--Section 
     15(c)(1) of the Lobbying Disclosure Act of 1995 (2 U.S.C. 
     1610(c)(1)) is amended by striking ``Secretary of the Senate 
     and the Clerk of the House of Representatives'' and inserting 
     ``Office of Public Integrity''.

     SEC. 308. OPI 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 Office of Public Integrity''.

     SEC. 309. PROHIBITION ON FILING AND OTHER ASSOCIATED FEES.

       The Office shall not--
       (1) charge any registrant a fee for filings with the Office 
     required under the Lobbying Disclosure Act of 1995; or
       (2) charge such a registrant a fee for obtaining an 
     electronic signature for such a filing.

     SEC. 310. EFFECTIVE DATE.

       (a) In General.--Except as provided by subsection (b), this 
     title shall take effect on January 1, 2007.
       (b) Exception.--Sections 302, 304, and 305 shall take 
     effect upon the date of enactment of this Act.
                                 ______
                                 
  SA 2979. Ms. COLLINS 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:

       On page 22, lines 12 through 14, strike ``the registrant or 
     employee listed as a lobbyist provided, or directed or 
     arranged to be provided,'' and insert ``the registrant 
     provided, or directed or arranged to be provided, or the 
     employee listed as a lobbyist directed or arranged to be 
     provided,''.
                                 ______
                                 
  SA 2980. Mr. ENSIGN (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 5, line 2 strike ``a non-Federal'' and insert 
     ``an''.
                                 ______
                                 
  SA 2981. Mr. ENSIGN (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 3, strike line 9 and all that follows through page 
     4, line 20, and insert the following:
       (a) In General.--A point of order may be made by any 
     Senator against consideration of a conference report that 
     includes any new or general legislation, any unauthorized 
     appropriation, or new matter or nongermane matter not 
     committed to the conferees by either House. The point of 
     order shall be made and voted on separately for each item in 
     violation of this section.
       (b) Disposition.--If the point of order against a 
     conference report under subsection (a) is sustained, then--
       (1) the matter in such conference report shall be deemed to 
     have been struck;
       (2) when all other points of order under this section have 
     been disposed of--

[[Page 3249]]

       (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;
       (B) the question shall be debatable; and
       (C) no further amendment shall be in order; and
       (3) 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.
       (c) 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.
       (d) Definitions.--In this section:
       (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 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 Rule XVI of 
     the Standing Rules of the Senate.
       (3) The term ``new matter'' means any matter not committed 
     to conferees by either House.
       (4) The term ``nongermane matter'' has the meaning given 
     that term when it is used in Rule XXII of the Standing Rules 
     of the Senate.
                                 ______
                                 
  SA 2982. 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 25, after line 11, insert the following:
       Section 7 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 
     1606) is amended by adding at the end the following: ``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 section 18 
     shall be imprisoned for not more than 5 years and fined under 
     title 18 of the United States Code, or both.''.
                                 ______
                                 
  SA 2983. Mr. ENSIGN (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 3, line 12, strike ``shall be made and voted on 
     separately for each item in violation of this section'' and 
     insert ``may be made and voted on separately for each item in 
     violation of this section''.
       It shall be in order for a Senator to raise a single point 
     of order that several provisions of a conference report or an 
     amendment between the Houses 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.
                                 ______
                                 
  SA 2984. Mr. McCAIN (for himself, Mr. Coburn, Mr. DeMint, Mr. Ensign, 
Mr. Graham, and Mr. Sununu) 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 6, line 7, 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.--Rule XVI of the Standing Rules of the 
     Senate is amended by adding at the end the following:
       ``9. (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 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 or amendment is sustained--
       ``(A) the new or general legislation or unauthorized 
     appropriation shall be struck from the bill or amendment; and
       ``(B) any modification of total amounts appropriated 
     necessary to reflect the deletion of the matter struck from 
     the bill or amendment, as directed by the chairman of the 
     Committee on the Budget, 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 when the 
     Senate is not considering an amendment in the nature of a 
     substitute, 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 and as directed by the 
     chairman of the Committee on the Budget, 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)(1) If a point of order under subparagraph (a)(3) 
     against a Senate amendment is sustained, then--
       ``(A) the unauthorized appropriation shall be struck from 
     the amendment;
       ``(B) any modification of total amounts appropriated, as 
     directed by the chairman of the Committee on the Budget, 
     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 Senate shall proceed to consider 
     the amendment as so modified.
       ``(2) If a point of order under subparagraph (a)(3) against 
     a House of Representatives 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 and as directed by the 
     chairman of the Committee on the Budget, 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.
       ``(e) 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

[[Page 3250]]

     not preclude, or affect, a point of order made under 
     subparagraph (a) with respect to the same matter.
       ``(f) 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.
       ``(g) Notwithstanding any other rule of the Senate, it 
     shall be in order for a Senator to raise a single point of 
     order that several provisions of a general appropriation bill 
     or an amendment between the Houses on a general appropriation 
     bill violate 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 (f), as it applies to some or 
     all of the provisions against which the point of order was 
     raised. Such a motion to waive is amendable in accordance 
     with the rules and precedents of the Senate. After the 
     Presiding Officer rules on such a point of order, any Senator 
     may appeal the ruling of the Presiding Officer on such a 
     point of order as it applies to some or all of the provisions 
     on which the Presiding Officer ruled.
       ``(h) For purposes of this paragraph:
       ``(1) The term `new or general legislation' has the meaning 
     given that term when it is used in paragraph 2 of this rule.
       ``(2) The term `new matter' means matter not committed to 
     conference by either House of Congress.
       ``(3)(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 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.
       ``10. (a) On a point of order made by any Senator, 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.
       ``(b) If the point of order against a conference report 
     under subparagraph (a) is sustained--
       ``(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, as 
     directed by the chairman of the Committee on the Budget, 
     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.
       ``(c) 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.
       ``(d) 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.
       ``(e) Notwithstanding any other rule of the Senate, it 
     shall be in order for a Senator to raise a single point of 
     order that several provisions of a conference report on a 
     general appropriation bill violate 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 (d), 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.
       ``(f) For purposes of this paragraph:
       ``(1) The terms `new or general legislation', `new matter', 
     and `unauthorized appropriation' have the same meaning as in 
     paragraph 9.
       ``(2) The term `nongermane matter' has the same meaning as 
     in Rule XXII and under the precedents attendant thereto, as 
     of the beginning of the 109th Congress.''.
       (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 an award, grant, loan, 
     loan guarantee, contract, or other expenditure.
       (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.
       (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 any recipient of Federal funds, 
     including an award, grant, loan, loan guarantee, contract, or 
     other expenditure.''.
                                 ______
                                 
  SA 2985. Mr. McCAIN (for himself, Mr. Coburn, Mr. DeMint, Mr. Ensign, 
Mr. Graham, and Mr. Sununu) 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 16, between lines 3 and 4, insert the following:

[[Page 3251]]



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

       Rule XVI of the Standing Rules of the Senate is amended by 
     adding at the end the following:
       ``9. (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 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 or amendment is sustained--
       ``(A) the new or general legislation or unauthorized 
     appropriation shall be struck from the bill or amendment; and
       ``(B) any modification of total amounts appropriated 
     necessary to reflect the deletion of the matter struck from 
     the bill or amendment, as directed by the chairman of the 
     Committee on the Budget, 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 when the 
     Senate is not considering an amendment in the nature of a 
     substitute, 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 and as directed by the 
     chairman of the Committee on the Budget, 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)(1) If a point of order under subparagraph (a)(3) 
     against a Senate amendment is sustained, then--
       ``(A) the unauthorized appropriation shall be struck from 
     the amendment;
       ``(B) any modification of total amounts appropriated, as 
     directed by the chairman of the Committee on the Budget, 
     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 Senate shall proceed to consider 
     the amendment as so modified.
       ``(2) If a point of order under subparagraph (a)(3) against 
     a House of Representatives 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 and as directed by the 
     chairman of the Committee on the Budget, 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.
       ``(e) 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.
       ``(f) 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.
       ``(g) Notwithstanding any other rule of the Senate, it 
     shall be in order for a Senator to raise a single point of 
     order that several provisions of a general appropriation bill 
     or an amendment between the Houses on a general appropriation 
     bill violate 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 (f), as it applies to some or 
     all of the provisions against which the point of order was 
     raised. Such a motion to waive is amendable in accordance 
     with the rules and precedents of the Senate. After the 
     Presiding Officer rules on such a point of order, any Senator 
     may appeal the ruling of the Presiding Officer on such a 
     point of order as it applies to some or all of the provisions 
     on which the Presiding Officer ruled.
       ``(h) For purposes of this paragraph:
       ``(1) The term `new or general legislation' has the meaning 
     given that term when it is used in paragraph 2 of this rule.
       ``(2) The term `new matter' means matter not committed to 
     conference by either House of Congress.
       ``(3)(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 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.
       ``10. (a) On a point of order made by any Senator, 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.
       ``(b) If the point of order against a conference report 
     under subparagraph (a) is sustained--
       ``(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, as 
     directed by the chairman of the Committee on the Budget, 
     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.
       ``(c) 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.
       ``(d) 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.

[[Page 3252]]

       ``(e) Notwithstanding any other rule of the Senate, it 
     shall be in order for a Senator to raise a single point of 
     order that several provisions of a conference report on a 
     general appropriation bill violate 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 (d), 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.
       ``(f) For purposes of this paragraph:
       ``(1) The terms `new or general legislation', `new matter', 
     and `unauthorized appropriation' have the same meaning as in 
     paragraph 9.
       ``(2) The term `nongermane matter' has the same meaning as 
     in Rule XXII and under the precedents attendant thereto, as 
     of the beginning of the 109th Congress.''.
                                 ______
                                 
  SA 2986. Mr. McCAIN (for himself, Mr. Coburn, Mr. DeMint, Mr. Ensign, 
Mr. Graham, and Mr. Sununu) 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 16, between lines 3 and 4, insert the following:

     SEC. 114. PROHIBITION ON OBLIGATION OF FUNDS FOR 
                   APPROPRIATIONS EARMARKS INCLUDED ONLY IN 
                   CONGRESSIONAL REPORTS.

       (a) 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.
       (b) Definitions.--For purposes of this section:
       (1) The term ``assistance'' includes an award, grant, loan, 
     loan guarantee, contract, or other expenditure.
       (2) 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.
       (3) The term ``earmark'' means a provision that specifies 
     the identity of an entity to receive assistance and the 
     amount of the assistance.
       (4) The term ``entity'' includes a State or locality.
       (c) Effective Date.--This section shall apply to 
     appropriation Acts enacted after December 31, 2006.
                                 ______
                                 
  SA 2987. Mr. McCAIN (for himself, Mr. Coburn, Mr. DeMint, Mr. Ensign, 
Mr. Graham, and Mr. Sununu) 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 16, between lines 3 and 4, insert the following:

     SEC. 114. 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 any recipient of Federal funds, 
     including an award, grant, loan, loan guarantee, contract, or 
     other expenditure.''.
                                 ______
                                 
  SA 2988. 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 end of the bill, insert the following:

             TITLE III--REFORM OF SECTION 527 ORGANIZATIONS

     SEC. 301. SHORT TITLE.

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

     SEC. 302. 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;
       ``(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

[[Page 3253]]

     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. 303. 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.
       ``(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--

[[Page 3254]]

       (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. 304. 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. 305. 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 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. 306. 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 2989. Mr. DURBIN 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 6, line 7, strike ``for at least 24 hours before 
     its consideration.'' and insert ``for (1) at least 24 hours 
     before its consideration; and (2) for at least 72 hours 
     before its consideration if at least 35 percent of the 
     conferees have filed a notice with the Senate that such final 
     conference report was not debated and voted upon in open 
     session.''
                                 ______
                                 
  SA 2990. Mr. DURBIN 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. __. AMENDMENTS AND MOTIONS TO RECOMMIT.

       Paragraph 1 of rule XV of the Standing Rules of the Senate 
     is amended to read as follows:
       ``1. (a) Except as provided in subparagraph (b), all 
     motions and amendments shall be reduced to writing, if 
     desired by the Presiding Officer or by any Senator, and shall 
     be read before being debated.
       ``(b) All amendments and all motions to recommit with 
     instructions, shall be reduced to writing and copied and 
     provided by the clerk to the desks of the Majority Leader and 
     the Minority Leader and shall be read before being 
     debated.''.
                                 ______
                                 
  SA 2991. Mr. CONRAD 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 6, line 7, strike ``24 hours'' and insert ``48 
     hours''.
                                 ______
                                 
  SA 2992. Mr. CONRAD 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 6, after line 7, insert the following:
       ``8. It shall not be in order to consider a report of a 
     committee of conference under paragraph 1 of this rule unless 
     an official written cost estimate or table by the 
     Congressional Budget Office is available at the time of 
     consideration.''.
                                 ______
                                 
  SA 2993. Mr. CONRAD 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 6, after line 19, insert the following:
       (c) CBO Score.--Section 312 of the Congressional Budget Act 
     of 1974 (2 U.S.C. 643) is amended by adding at the end the 
     following:
       ``(g) CBO Score for Conference Reports.--It shall not be in 
     order to consider a report of a committee of conference for 
     any measure that has a budgetary impact unless an official 
     written cost estimate or table by the Congressional Budget 
     Office is available at the time of consideration.''.
                                 ______
                                 
  SA 2994. Mr. BENNETT 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:

       Strike Title 2, Section 220.
                                 ______
                                 
  SA 2995. 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. __. PROHIBITION ON PAID COORDINATION LOBBYING 
                   ACTIVITIES.

       Rule XXXVII of the Standing Rules of the Senate is amended 
     by adding at the end the following:
       ``13. A Member of the Senate or an employee of the Senate 
     earning in excess of 75 percent of the salary paid to a 
     Senator shall not engage in paid lobbying activity in the 
     year after leaving the employment of the Senate, which shall 
     include the development, coordination, or supervision of 
     strategy or activity for the purpose of influencing 
     legislation before either House of Congress.''.
                                 ______
                                 
  SA 2996. Mr. HAGEL (for himself and Mr. Sununu) 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. __. AUDIT AND STUDY RELATING TO GOVERNMENT-SPONSORED 
                   ENTERPRISES.

       (a) Annual Audits.--The Secretary of Housing and Urban 
     Development shall annually conduct an audit of the Fannie Mae 
     Foundation and the Freddie Mac Foundation, or any successors 
     thereto.

[[Page 3255]]

       (b) Study and Report on Lobbying Activities.--
       (1) Study.--The Comptroller General of the United States 
     shall conduct a study of the lobbying activities of 
     government-sponsored entities to examine whether such 
     activities further each of their congressionally chartered 
     missions.
       (2) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Comptroller General shall submit a 
     report to Congress on the results of the study under 
     paragraph (1).
       (c) Definitions.--As used in this section, the term 
     ``government-sponsored enterprise'' means--
       (1) the Federal National Mortgage Association and any 
     affiliate thereof;
       (2) the Federal Home Loan Mortgage Corporation and any 
     affiliate thereof; and
       (3) the Federal home loan banks.
                                 ______
                                 
  SA 2997. Ms. COLLINS 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:

       On page 16, line 8 strike ``the'' and ``Transparency'', 
     strike ``Legislative'' and insert ``Lobbying.''
       On page 44, line 18 between ``section'' and ``; or'' strike 
     ``503'' and insert ``263.''

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