[Congressional Record (Bound Edition), Volume 152 (2006), Part 3]
[Senate]
[Pages 4109-4110]
[From the U.S. Government Publishing Office, www.gpo.gov]




                   TEXT OF AMENDMENTS--MARCH 9, 2006

  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--
       (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;

[[Page 4110]]

       (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.

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