[Congressional Record (Bound Edition), Volume 153 (2007), Part 1]
[Senate]
[Pages 909-917]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 22. Mr. CARDIN submitted an amendment intended to be proposed to 
amendment SA 3 proposed by Mr. Reid (for himself, Mr. McConnell, Mrs. 
Feinstein, Mr. Bennett, Mr. Lieberman, Ms. collins, Mr. Obama, Mr. 
Salazar, and Mr. Durbin) to the bill S. 1, to provide greater 
transparency in the legislative process; which was ordered to lie on 
the table; as follows:

       On page 15, strike lines 10 through 18, and insert the 
     following:
       (c) Public Availability.--Rule XXXV of the Standing Rules 
     of the Senate is amended--
       (1) in paragraph 2, by striking subparagraph (e) and 
     inserting the following new subparagraph (e):
       ``(e) Not later than 48 hours after the date a disclosure 
     is required to be filed pursuant to subparagraphs (f) and 
     (g), the Secretary of the Senate shall make such disclosures 
     available to the public over the Internet, without fee or 
     other access charge, in a searchable, sortable, and 
     downloadable manner.''; and
       (2) in paragraph 4, by striking ``as soon as possible after 
     they are received'' and inserting ``not later than 48 hours 
     after the date such information is received, and shall make 
     such information available to the public over the Internet, 
     without fee or other access charge, in a searchable, 
     sortable, and downloadable manner''.

       At the end of title I, insert the following:

     SEC. 120. ELECTRONIC FILING AND SEARCHABLE ONLINE DATABASE OF 
                   ALL REPORTS FILED IN THE SENATE.

       Rule XXXIV of the Standing Rules of the Senate is amended 
     by adding at the end the following:
       ``5 (a). Each report required to be filed under this rule 
     shall be filed and maintained in electronic form.
       ``(b) Not later than 48 hours after the date a report 
     required under this rule is filed, the Secretary of the 
     Senate shall make such report available to the public over 
     the Internet, without fee or other access charge, in a 
     searchable, sortable, and downloadable manner.''.
       At the end of subtitle A of title II, insert the following:

     SEC. 225. ELECTRONIC FILING OF ELECTION REPORTS OF SENATE 
                   CANDIDATES.

       (a) In General.--Section 304(a)(11)(D) of the Federal 
     Election Campaign Act of 1971 (2 U.S.C. 434(a)(11)(D)) is 
     amended to read as follows:
       ``(D) As used in this paragraph, the terms `designation', 
     `statement', or `report' mean a designation, statement, or 
     report, respectively, which--

[[Page 910]]

       ``(i) is required by this Act to be filed with the 
     Commission; or
       ``(ii) is required under section 302(g) to be filed with 
     the Secretary of the Senate and forwarded by the Secretary to 
     the Commission.''.
       (b) Conforming Amendments.--
       (1) Section 302(g)(2) of the Federal Election Campaign Act 
     of 1971 (2 U.S.C. 432(g)(2)) is amended by inserting ``or 1 
     working day in the case of a designation, statement, or 
     report filed electronically'' after ``2 working days''.
       (2) Section 304(a)(11)(B) of the Federal Election Campaign 
     Act of 1971 (2 U.S.C. 434(a)(11)(B)) is amended by inserting 
     ``or filed with the Secretary of the Senate under section 
     302(g)(1) and forwarded to the Commission'' after ``Act''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to any designation, statement, or report required 
     to be filed after the date of enactment of this Act.

                                 ______
                                 
  SA 23. Mr. CORNYN submitted an amendment intended to be proposed by 
him to the bill S. 1, 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. __. NOTICE OF CONSIDERATION.

       (a) In General.--No matter or measure may be considered in 
     the Senate unless--
       (1) a Senator gives notice of his intent to proceed to that 
     matter or measure and such notice and the full text of that 
     matter or measure are printed in the Congressional Record and 
     placed on each Senator's desk at least 3 calendar days in 
     which the Senate is in session prior to proceeding to the 
     matter or measure;
       (2) the Senate proceeds to that matter or measure not later 
     than 30 calendar days in which the Senate is in session after 
     having given notice in accordance with paragraph (1); and
       (3) the full text of that matter or measure is made 
     available to the general public in searchable format by means 
     of placement on any website within the senate.gov domain, the 
     gpo.gov domain, or through the THOMAS system on the loc.gov 
     domain at least 2 calendar days before the Senate proceeds to 
     that matter or measure.
       (b) Calendar.--The Secretary of the Senate shall establish 
     for both the Senate Calendar of Business and the Senate 
     Executive Calendar a separate section entitled ``Notices of 
     Intent to Proceed or Consider''. Each section shall include 
     the name of each Senator filing a notice under this section, 
     the title or a description of the measure or matter to which 
     the Senator intends to proceed or offer, and the date the 
     notice was filed.
       (c) 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 to sustain an appeal of the ruling of the 
     Chair on a point of order raised under this section.

                                 ______
                                 
  SA 24. Mr. ENSIGN proposed an amendment to amendment SA 3 proposed by 
Mr. Reid for himself, Mr. McConnell, Mrs. Feinstein, Mr. Bennett, Mr. 
Lieberman, Ms. Collins, Mr. Obama, Mr. Salazar, and Mr. Durbin) to the 
bill S. 1, to provide greater transparency in the legislative process; 
as follows:

       On page 3, strike line 9 through line 11 and insert the 
     following:
       ``(a) In General.--A point of order may be made by any 
     Senator against any item contained in a conference report 
     that includes or consists of any matter not committed to the 
     conferees by either House.
       (1) For the purpose of this section, ``matter not committed 
     to the conferees by either House'' shall be limited to any 
     matter which:
       (A) in the case of an appropriations Act, is a provision 
     containing subject matter outside the jurisdiction of the 
     Senate Committee on Appropriations;
       (B) would, if offered as an amendment on the Senate floor, 
     be considered ``general legislation'' under Rule XVI of the 
     Standing Rules of the Senate;
       (C) would be considered ``not germane'' under Rule XXII of 
     the Standing Rules of the Senate; or
       (D) consists specific provision of a containing a specific 
     level of funding for any specific account, specific program, 
     specific project, or specific activity, when no such specific 
     funding was provided for such specific account, specific 
     program, specific project, or specific activity in the 
     measure originally committed to the conferees by either 
     House.
       (2) For the purpose of this section, ``matter not committed 
     to the conferees by either House'' shall not include any 
     changes to any numbers, dollar amounts, or dates, or to any 
     specific accounts, specific programs, specific projects, or 
     specific activities which were originally provided for in the 
     measure committed to the conferees by either House.
                                 ______
                                 
  SA 25. Mr. ENSIGN proposed an amendment to amendment SA 3 proposed by 
Mr. Reid (for himself, Mr. McConnell, Mrs. Feinstein, Mr. Bennett, Mr. 
Lieberman, Ms. Collins, Mr. Obama, Mr. Salazar, and Mr. Durbin) to the 
bill S. 1, to provide greater transparency in the legislative process; 
as follow:
       At the appropriate place, insert the following:

     SEC. __. SENATE FIREWALL FOR DEFENSE SPENDING.

       (a) For purposes of Section 301 and 302 of the 
     Congressional Budget Act of 1974, the levels of new budget 
     authority and outlays and the allocations for the Committees 
     on Appropriations shall be further divided and separately 
     enforced under Section 302(f) by--
       (1) Defense allocation.--The amount of discretionary 
     spending assumed in the budget resolution for the defense 
     function (050); and
       (2) Nondefense allocation.--The amount of discretionary 
     spending assumed for all other functions of the budget.
                                 ______
                                 
  SA 26. Mr. CORNYN proposed an amendment to amendment SA 3 proposed by 
Mr. Reid (for himself, Mr. McConnell, Mrs. Feinstein, Mr. Bennett, Mr. 
Lieberman, Ms. Collins, Mr. Obama, Mr. Salazar, and Mr. Durbin) to the 
bill S. 1, to provide greater transparency in the legislative process; 
as follows:
       At the appropriate place, insert the following:
       ``(a) In General. It shall not be in order to consider a 
     bill, joint resolution, report, conference report, or 
     statement of managers unless the following--
       ``(a) a list of each earmark, limited tax benefit or tariff 
     benefit in the bill, joint resolution, report, conference 
     report, or statement of managers along with:
       ``(1) its specific budget, contract or other spending 
     authority or revenue impact;
       ``(2) an identification of the Member of Members who 
     proposed the earmark, targeted tax benefit, or targeted 
     tariff benefit; and
       ``(3) an explanation of the essential governmental purpose 
     for the earmark, targeted tax benefit, or targeted tariff 
     benefit, including how the earmark, targeted tax benefit, or 
     targeted tariff benefit advances the `General Welfare' of the 
     United States of America;
       ``(b) the total number of earmarks, limited tax benefits or 
     tariff benefits in the bill, joint resolution, report, 
     conference report, or statement of managers; and
       ``(c) a calculation of the total budget, contract or other 
     spending authority or revenue impact of all the congressional 
     earmarks, limited tax benefits or tariff benefits in the 
     bill, joint resolution, report, conference report, or 
     statement of managers;

     is available along with such bill, joint resolution, report, 
     conference report, or statement of managers to all Members 
     and the list is made available to the general public by means 
     of placement on any website within the senate.gov domain, the 
     gpo.gov domain, or through the THOMAS system on the loc.gov 
     domain at least 2 calendar days before the Senate proceeds to 
     it.''.
                                 ______
                                 
  SA 27. Mr. CORNYN proposed an amendment to amendment SA 3 proposed by 
Mr. Reid (for himself, Mr. McConnell, Mrs. Feinstein, Mr. Bennett, Mr. 
Lieberman, Ms. Collins, Mr. Obama, Mr. Salazar, and Mr. Durbin) to the 
bill S. 1, to provide greater transparency in the legislative process; 
as follows:

       At the appropriate place, insert the following:

     SEC. __. NOTICE OF CONSIDERATION.

       (a) In General.--No legislative matter or measure may be 
     considered in the Senate unless--
       (1) a Senator gives notice of his intent to proceed to that 
     matter or measure and such notice and the full text of that 
     matter or measure are printed in the Congressional Record and 
     placed on each Senator's desk at least 3 calendar days in 
     which the Senate is in session prior to proceeding to the 
     matter or measure;
       (2) the Senate proceeds to that matter or measure not later 
     than 30 calendar days in which the Senate is in session after 
     having given notice in accordance with paragraph (1); and
       (3) the full text of that matter or measure is made 
     available to the general public in searchable format by means 
     of placement on any website within the senate.gov domain, the 
     gpo.gov domain, or through the THOMAS system on the loc.gov 
     domain at least 2 calendar days before the Senate proceeds to 
     that matter or measure.
       (b) Calendar.--The Secretary of the Senate shall establish 
     for both the Senate Calendar of Business and the Senate 
     Executive Calendar a separate section entitled ``Notices of 
     Intent to Proceed or Consider''. Each section shall include 
     the name of each Senator filing a notice under this section, 
     the title or a description of the legislative measure or 
     matter to which the Senator intends to proceed, and the date 
     the notice was filed.

[[Page 911]]

       (c) 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 to sustain an appeal of the ruling of the 
     Chair on a point of order raised under this section.
                                 ______
                                 
  SA 28. Mr. McCAIN (for himself, Mr. Feingold, and Mr. Graham) 
submitted an amendment intended to be proposed to amendment SA 3 
proposed by Mr. Reid (for himself, Mr. McConnell, Mrs. Feinstein, Mr. 
Bennett, Mr. Lieberman, Ms. Collins, Mr. Obama, Mr. Salazar, and Mr. 
Durbin) to the bill S. 1, to provide greater transparency in the 
legislative process; as follows:

       On page 4, strike line 11 through line 10, page 5, and 
     insert the following:

     that portion of the conference report that has not been 
     stricken and any modification of total amounts appropriated 
     necessary to reflect the deletion of the matter struck from 
     the conference report;
       (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) Any Matter.--In this section, the term ``any matter'' 
     means any new matter, including general legislation, 
     unauthorized appropriations, and non-germane matter.

     SEC. 102A. 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 shall be made.
       ``(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, the total amounts 
     appropriated by the bill to reflect the deletion of the 
     matter struck from the bill;
       ``(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 
     necessary to reflect the deletion of the matter struck from 
     the amendment shall be made; and
       ``(C) after all other points of order under this 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, the total amounts 
     appropriated by the bill to reflect the deletion of the 
     matter struck from the House amendment; and
       ``(B) after all other points of order under this 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)(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.''.
       (b) Lobbying on Behalf of Recipients of Federal Funds.--The 
     Lobbying Disclosure Act of 1995 is amended by adding after 
     section 5 the following:

     ``SEC. 5A. REPORTS BY RECIPIENTS OF FEDERAL FUNDS.

       ``(a) In General.--A recipient of Federal funds shall file 
     a report as required by section 5(a) containing--
       ``(1) the name of any lobbyist registered under this Act to 
     whom the recipient paid money to lobby on behalf of the 
     Federal funding received by the recipient; and
       ``(2) the amount of money paid as described in paragraph 
     (1).
       ``(b) Definition.--In this section, the term `recipient of 
     Federal funds' means the recipient of Federal funds 
     constituting an award, grant, or loan.''.
       (c) 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.

[[Page 912]]

       (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, 2007.

     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 an entity (by
                                 ______
                                 
  SA 29. Mr. McCAIN (for himself, Mr. Feingold, and Mr. Graham) 
submitted an amendment intended to be proposed by him to the bill S. 1, 
to provide greater transparency in the legislative process; as follows:

       On page 4, strike line 11 through line 2, page 5, and 
     insert the following:

     that portion of the conference report that has not been 
     stricken and any modification of total amounts appropriated 
     necessary to reflect the deletion of the matter struck from 
     the conference report;
       (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) Any Matter.--In this section, the term ``any matter'' 
     means any new matter, including general legislation, 
     unauthorized appropriations, and non-germane matter.

     SEC. 102A. 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 shall be made.
       ``(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, the total amounts 
     appropriated by the bill to reflect the deletion of the 
     matter struck from the bill;
       ``(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 
     necessary to reflect the deletion of the matter struck from 
     the amendment shall be made; and
       ``(C) after all other points of order under this 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, the total amounts 
     appropriated by the bill to reflect the deletion of the 
     matter struck from the House amendment; and
       ``(B) after all other points of order under this 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)(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.''.
       (b) Lobbying on Behalf of Recipients of Federal Funds.--The 
     Lobbying Disclosure Act of 1995 is amended by adding after 
     section 5 the following:

     ``SEC. 5A. REPORTS BY RECIPIENTS OF FEDERAL FUNDS.

       ``(a) In General.--A recipient of Federal funds shall file 
     a report as required by section 5(a) containing--
       ``(1) the name of any lobbyist registered under this Act to 
     whom the recipient paid money to lobby on behalf of the 
     Federal funding received by the recipient; and
       ``(2) the amount of money paid as described in paragraph 
     (1).
       ``(b) Definition.--In this section, the term `recipient of 
     Federal funds' means the recipient of Federal funds 
     constituting an award, grant, or loan.''.
       (c) 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.

[[Page 913]]

       (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, 2007.

                                 ______
                                 
  SA 30. Mr. LIEBERMAN (for himself, Ms. Collins, Mr. Obama, Mr. 
McCain, Mr. Feingold, Mr. Kerry, Mr. Carper) proposed an amendment to 
amendment SA 3 proposed by Mr. Reid (for himself, Mr. McConnell, Mrs. 
Feinstein, Mr. Bennett, Mr. Lieberman, Ms. Collins, Mr. Obama, Mr. 
Salazar, and Mr. Durbin) to the bill S. 1, to provide greater 
transparency in the legislative process; as follows:

       At the end of the amendment, add the following:

              TITLE III--SENATE OFFICE OF PUBLIC INTEGRITY

     SEC. 301. ESTABLISHMENT OF SENATE OFFICE OF PUBLIC INTEGRITY.

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

     SEC. 302. DIRECTOR.

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

     SEC. 303. DUTIES AND POWERS OF THE OFFICE.

       (a) Duties.--The Office is authorized--
       (1) to investigate any alleged violation by a Member, 
     officer, or employee of the Senate, of any rule or other 
     standard of conduct applicable to the conduct of such Member, 
     officer, or employee under applicable Senate rules in the 
     performance of his duties or the discharge of his 
     responsibilities;
       (2) to present a case of probable ethics violations to the 
     Select Committee on Ethics of the Senate;
       (3) to make recommendations to the Select Committee on 
     Ethics of the Senate that it report to the appropriate 
     Federal or State authorities any substantial evidence of a 
     violation by a Member, officer, or employee of the Senate of 
     any law applicable to the performance of his duties or the 
     discharge of his responsibilities, which may have been 
     disclosed in an investigation by the Office; and
       (4) subject to review by the Select Committee on Ethics to 
     approve, or deny approval, of trips as provided for in 
     paragraph 2(f) of rule XXXV of the Standing Rules of the 
     Senate.
       (b) Powers.--
       (1) Obtaining information.--Upon request of the Office, the 
     head of any agency or instrumentality of the Government shall 
     furnish information deemed necessary by the Director to 
     enable the Office to carry out its duties.
       (2) Referrals to the department of justice.--Whenever the 
     Director has reason to believe that a violation of law may 
     have occurred, he shall refer that matter to the Select 
     Committee on Ethics with a recommendation as to whether the 
     matter should be referred to the Department of Justice or 
     other appropriate authority for investigation or other 
     action.

     SEC. 304. INVESTIGATIONS AND INTERACTION WITH THE SENATE 
                   SELECT COMMITTEE ON ETHICS.

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

[[Page 914]]

       (C) the vote of each member of the committee on such roll-
     call vote is included in the report.
       (3) Determination and ruling.--
       (A) Referral.--If the Director determines there is probable 
     cause that an ethics violation has occurred and the 
     Director's determination is not overruled, the Director shall 
     present the case and evidence to the Select Committee on 
     Ethics of the Senate to hear and make a determination 
     pursuant to its rules.
       (B) Final decision.--The Select Committee on Ethics shall 
     vote upon whether the individual who is the subject of the 
     investigation has violated any rules or other standards of 
     conduct applicable to that individual in his official 
     capacity. Such votes shall be a roll-call vote of the full 
     committee, a quorum being present. The committee shall issue 
     a public report which shall include the vote of each member 
     of the committee on such roll-call vote.
       (d) Sanctions.--Whenever the Select Committee on Ethics of 
     the Senate finds that an ethics violation has occurred, the 
     Director shall recommend appropriate sanctions to the 
     committee and whether a matter should be referred to the 
     Department of Justice for investigation.

     SEC. 305. PROCEDURAL RULES.

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

     SEC. 306. SOPI EMPLOYEES UNDER THE CONGRESSIONAL 
                   ACCOUNTABILITY ACT.

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

     SEC. 307. EFFECTIVE DATE.

       (a) In General.--Except as provided by subsection (b), this 
     title shall take effect on October 1, 2007.
       (b) Exception.--Section 302 shall take effect upon the date 
     of enactment of this Act.
                                 ______
                                 
  SA 31. Mr. FEINGOLD (for himself and Mr. Obama) submitted an 
amendment intended to be proposed by him to the bill S. 1, to provide 
greater transparency in the legislative process; which was ordered to 
lie on the table; as follows:

       On page 50, line 25, strike ``1995.'';'' and all that 
     follows through page 51, line 12, and insert the following: 
     ``1995.
       ``(3) Members of congress and elected officers.--Any person 
     who is a Member of Congress or an elected officer of either 
     House of Congress and who, within 2 years after that person 
     leaves office, knowingly engages in lobbying activities on 
     behalf of any other person (except the United States) in 
     connection with any matter on which such former Member of 
     Congress or elected officer seeks action by a Member, 
     officer, or employee of either House of Congress shall be 
     punished as provided in section 216 of this title.''.
       (3) in paragraph (6)--
       (A) by striking ``paragraphs (2), (3), and (4)'' and 
     inserting ``paragraph (2)'';
       (B) by striking ``(A)'';
       (C) by striking subparagraph (B); and
       (D) by redesignating the paragraph as paragraph (4); and
       (4) by redesignating paragraph (7) as paragraph (5).
       (c) Definition of Lobbying Activity.--Section 207(i) of 
     title 18, United States Code, is amended--
       (1) in paragraph (2), by striking ``and'' after the 
     semicolon;
       (2) in paragraph (3), by striking the period and inserting 
     ``; and''; and
       (3) by adding at the end the following:
       ``(4) the term `lobbying activities' has the same meaning 
     given such term in section 3(7) of the Lobbying Disclosure 
     Act (2 U.S.C. 1602(7)).''.
       (d) Effective Date.--The amendments made by subsection (b) 
     shall take effect 60 days after the date of enactment of this 
     Act.
                                 ______
                                 
  SA 32. Mr. FEINGOLD (for himself and Mr. Obama) submitted an 
amendment intended to be proposed by him to the bill S. 1, to provide 
greater transparency in the legislative process; which was ordered to 
lie on the table; as follows:

       On page 17, line 15, strike ``1 year'' and insert ``2 
     years''.
       On page 50, line 25, strike ``1995.'';'' and all that 
     follows through page 51, line 12, and insert the following: 
     ``1995.
       ``(3) Members of congress and elected officers.--Any person 
     who is a Member of Congress or an elected officer of either 
     House of Congress and who, within 2 years after that person 
     leaves office, knowingly engages in lobbying activities on 
     behalf of any other person (except the United States) in 
     connection with any matter on which such former Member of 
     Congress or elected officer seeks action by a Member, 
     officer, or employee of either House of Congress shall be 
     punished as provided in section 216 of this title.'';
       (3) in paragraph (6)--
       (A) by striking ``paragraphs (2), (3), and (4)'' and 
     inserting ``paragraph (2)'';
       (B) by striking ``(A)'';
       (C) by striking subparagraph (B); and
       (D) by redesignating the paragraph as paragraph (4); and
       (4) by redesignating paragraph (7) as paragraph (5).
       (c) Definition of Lobbying Activity.--Section 207(i) of 
     title 18, United States Code, is amended--
       (1) in paragraph (2), by striking ``and'' after the 
     semicolon;
       (2) in paragraph (3), by striking the period and inserting 
     ``; and''; and
       (3) by adding at the end the following:
       ``(4) the term `lobbying activities' has the same meaning 
     given such term in section 3(7) of the Lobbying Disclosure 
     Act (2 U.S.C. 1602(7)).''.
       (d) Effective Date.--The amendments made by subsection (b) 
     shall take effect 60 days after the date of enactment of this 
     Act.
                                 ______
                                 
  SA 33. Mr. FEINGOLD (for himself and Mr. Obama) submitted an 
amendment intended to be proposed by him to the bill S. 1, to provide 
greater transparency in the legislative process; which was ordered to 
lie on the table; as follows:

       On page 10, line 9, strike ``Leader.''.'' and insert the 
     following: ``Leader.
       ``3. A former Member of the Senate may not exercise 
     privileges to use Senate or House gym or exercise facilities 
     or member-only parking spaces if such Member is--
       (1) a registered lobbyist or agent of a foreign principal; 
     or
       (2) in the employ of or represents any party or 
     organization for the purpose of influencing, directly or 
     indirectly, the passage, defeat, or amendment of any 
     legislative proposal.''.
                                 ______
                                 
  SA 34. Mr. FEINGOLD (for himself and Mr. Obama) submitted an 
amendment intended to be proposed by him to the bill S. 1, to provide 
greater transparency in the legislative process; which was ordered to 
lie on the table; as follows:

       At the end of subtitle A of title II insert the following:

     SEC. 225. ELECTRONIC FILING OF ELECTION REPORTS OF SENATE 
                   CANDIDATES.

       (a) In General.--Section 304(a)(11)(D) of the Federal 
     Election Campaign Act of 1971 (2 U.S.C. 434(a)(11)(D)) is 
     amended to read as follows:
       ``(D) As used in this paragraph, the terms `designation', 
     `statement', or `report' mean a designation, statement, or 
     report, respectively, which--
       ``(i) is required by this Act to be filed with the 
     Commission; or
       ``(ii) is required under section 302(g) to be filed with 
     the Secretary of the Senate and forwarded by the Secretary to 
     the Commission.''.
       (b) Conforming Amendments.--
       (1) Section 302(g)(2) of the Federal Election Campaign Act 
     of 1971 (2 U.S.C. 432(g)(2)) is amended by inserting ``or 1 
     working day in the case of a designation, statement, or 
     report filed electronically'' after ``2 working days''.
       (2) Section 304(a)(11)(B) of the Federal Election Campaign 
     Act of 1971 (2 U.S.C. 434(a)(11)(B)) is amended by inserting 
     ``or filed with the Secretary of the Senate under section 
     302(g)(1) and forwarded to the Commission'' after ``Act''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to any designation, statement, or report required 
     to be filed after the date of enactment of this Act.
                                 ______
                                 
  SA 35. Mr. MARTINEZ submitted an amendment intended to be proposed by 
him to the bill S. 1, to provide greater transparency in the 
legislative process; as follows:

       At the appropriate place, insert the following:

     SEC. ___. STANDARDS FOR ECONOMIC DEVELOPMENT INITIATIVE 
                   EARMARKS.

       Section 108(q) of the Housing and Community Development Act 
     of 1974 (42 U.S.C. 5308(q)) is amended by adding at the end 
     the following:
       ``(5) Criteria for congressional earmarks.--
       ``(A) In general.--No amount of funds provided or made 
     available in an earmark for purposes of funding grants under 
     this subsection may be made available to the Secretary, 
     unless such funds are used for 1 or more of the following 
     purposes related to

[[Page 915]]

     real property or public or private nonprofit facilities:
       ``(i) Acquisition.
       ``(ii) Planning.
       ``(iii) Design.
       ``(iv) Purchase of equipment.
       ``(v) Revitalization, reconstruction, or rehabilitation.
       ``(vi) Redevelopment.
       ``(vii) Construction.
       ``(B) Express prohibitions.--In addition to the general 
     prohibition described in subparagraph (A), no amount of funds 
     provided or made available in an earmark for purposes of 
     funding grants under this section may be used by the 
     Secretary for any of the following purposes:
       ``(i) Reimbursement of expense, including debt services or 
     retirements.
       ``(ii) Transportation or road projects.
       ``(iii) Expenses for program operations.
       ``(iv) Homeland Security or first responder projects.
       ``(v) Healthcare facilities.
       ``(C) Reports.--
       ``(i) Required before disbursal.--The Secretary may not 
     release any grant funds provided for or made available by an 
     earmark to an eligible public entity or public or private 
     nonprofit organization under this subsection, unless such 
     entity or organization submits to the Secretary a report 
     detailing the economic impact of the earmark.
       ``(ii) Contents of report.--

       ``(I) In general.--The report required under clause (i) 
     shall be submitted by the eligible public entity or public or 
     private nonprofit organization to the Secretary at such time, 
     in such manner, and containing such information as the 
     Secretary may require.
       ``(II) Limitation.--In any report required under clause 
     (i), the Secretary--

       ``(aa) shall not require the disclosure of any confidential 
     information of the eligible public entity or public or 
     private nonprofit organization, or of any subgrantee employed 
     by such entity or organization; and
       ``(bb) shall ensure that the requirements of such report 
     are uniform for all grants funded by an earmark within each 
     fiscal year.

       ``(III) Release of change in reporting requirements.--The 
     Secretary shall publish any changes to the reporting 
     requirements under this subparagraph in the Federal Register 
     not later than January 1 of the year preceding the fiscal 
     year in which such changes are to take effect.

       ``(iii) Availability.--The Secretary shall, upon request, 
     provide any member of Congress with a copy of any report 
     filed under this subparagraph.
       ``(D) Set aside of budget authority.--Not less than 20 
     percent of the total funds made available for purposes of 
     this section in any appropriations Act shall be made 
     available to the Secretary, free from earmarks, such that the 
     Secretary may award these funds, in the discretion of the 
     Secretary, to eligible public entities or public or private 
     nonprofit organizations under a competitive bidding process.
       ``(E) Definitions.--In this subsection:
       ``(i) Earmark.--the term `earmark' means a provision of 
     law, or a directive contained within a joint explanatory 
     statement or report included in a conference report or bill 
     primarily at the request of a Member, Delegate, Resident 
     Commissioner, or Senator providing, authorizing or 
     recommending a specific amount of discretionary budget 
     authority, credit authority, or other spending authority for 
     a contract, loan, loan guarantee, grant, loan authority, or 
     other expenditure with or to an entity, or targeted to a 
     specific State, locality or Congressional district, other 
     than through a statutory or administrative formula-driven or 
     competitive award process.
       ``(ii) Nonprofit.--The term `nonprofit' means, with respect 
     to an organization, association, corporation, or other 
     entity, that no part of the net earnings of the entity inures 
     to the benefit of any member, founder, contributor, or 
     individual.
       ``(iii) Private nonprofit organization.--The term `private 
     nonprofit organization' means any private organization 
     (including a State or locally chartered organization) that--

       ``(I) is incorporated under State or local law;
       ``(II) is nonprofit in character; and
       ``(III) complies with standards of financial accountability 
     acceptable to the Secretary.

       ``(iv) Public nonprofit organization.--The term `public 
     nonprofit organization' means any public entity that is 
     nonprofit in character.''.
                                 ______
                                 
  SA 36. Mr. DURBIN submitted an amendment intended to be proposed by 
him to the bill S. 1, to provide greater transparency in the 
legislative process; 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) An amendment and any instruction accompanying a 
     motion to recommit 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.
       ``(b) A motion shall be reduced to writing, if desired by 
     the Presiding Officer or by any Senator, and shall be read 
     before being debated.''.
                                 ______
                                 
  SA 37. Mr. THUNE submitted an amendment intended to be proposed to 
amendment SA 3 proposed by Mr. Reid (for himself, Mr. McConnell, Mrs. 
Feinstein, Mr. Bennett, Mr. Lieberman, Ms. Collins, Mr. Obama, Mr. 
Salazar, and Mr. Durbin) to the bill S. 1, to provide greater 
transparency in the legislative process; as follows:

       At the appropriate place, insert the following:

     SEC. __. DISCLOSURE OF POLITICAL ADVOCACY BY THE RECIPIENT OF 
                   ANY FEDERAL AWARD.

       The Federal Funding Accountability and Transparency Act of 
     2006 (Public Law 109-282) is amended by adding at the end the 
     following:

     ``SEC. 5. DISCLOSURE OF POLITICAL ADVOCACY BY THE RECIPIENT 
                   OF ANY FEDERAL AWARD.

       ``(a) In General.--Not later than December 31 of each year, 
     an entity that receives any Federal award shall provide to 
     each Federal entity that awarded or administered its grant an 
     annual report for the prior Federal fiscal year, certified by 
     the entity's chief executive officer or equivalent person of 
     authority, and setting forth--
       ``(1) the entity's name;
       ``(2) the entity's identification number; and
       ``(3)(A) a statement that the entity did not engage in 
     political advocacy; or
       ``(B) a statement that the entity did engage in political 
     advocacy, and setting forth for each award--
       ``(i) the award identification number;
       ``(ii) the amount or value of the award (including all 
     administrative and overhead costs awarded);
       ``(iii) a brief description of the purpose or purposes for 
     which the award was awarded;
       ``(iv) the identity of each Federal, State, and local 
     government entity awarding or administering the award and 
     program thereunder;
       ``(v) the name and entity identification number of each 
     individual, entity, or organization to whom the entity made 
     an award; and
       ``(vi) a brief description of the entity's political 
     advocacy, and a good faith estimate of the entity's 
     expenditures on political advocacy, including a list of any 
     lobbyist registered under the Lobbying Disclosure Act of 
     1995, foreign agent, or employee of a lobbying firm or 
     foreign agent employed by the entity to conduct such advocacy 
     and amounts paid to each lobbyist or foreign agent.
       ``(b) OMB Coordination.--The Office of Management and 
     Budget shall develop by regulation 1 standardized form for 
     the annual report that shall be accepted by every Federal 
     entity, and a uniform procedure by which each entity is 
     assigned 1 permanent and unique entity identification number.
       ``(c) Website.--Any information received under this section 
     shall be available on the website established under section 
     2(b).
       ``(d) Definitions.--In this section:
       ``(1) Political advocacy.--The term `political advocacy' 
     includes--
       ``(A) carrying on propaganda, or otherwise attempting to 
     influence legislation or agency action, including, but not 
     limited to monetary or in-kind contributions, endorsements, 
     publicity, or similar activity;
       ``(B) participating or intervening in (including the 
     publishing or distributing of statements) any political 
     campaign on behalf of (or in opposition to) any candidate for 
     public office, including but not limited to monetary or in-
     kind contributions, endorsements, publicity, or similar 
     activity;
       ``(C) participating in any judicial litigation or agency 
     proceeding (including as an amicus curiae) in which agents or 
     instrumentalities of Federal, State, or local governments are 
     parties, other than litigation in which the entity or award 
     applicant--
       ``(i) is a defendant appearing in its own behalf;
       ``(ii) is defending its tax-exempt status; or
       ``(iii) is challenging a government decision or action 
     directed specifically at the powers, rights, or duties of 
     that entity or award applicant; and
       ``(D) allocating, disbursing, or contributing any funds or 
     in-kind support to any individual, entity, or organization 
     whose expenditures for political advocacy for the previous 
     Federal fiscal year exceeded 15 percent of its total 
     expenditures for that Federal fiscal year.
       ``(2) Entity and federal award.--The terms `entity' and 
     `Federal award' shall have the same meaning as in section 
     2(a).''.
                                 ______
                                 
  SA 38. Mrs. FEINSTEIN (for herself and Mr. Bennett) proposed an 
amendment to amendment SA 3 proposed by Mr. Reid (for himself, Mr. 
McConnell, Mrs. Feinstein, Mr. Bennett, Mr. Lieberman, Ms. Collins, Mr. 
Obama, Mr. Salazar, and Mr. Durbin) to the

[[Page 916]]

bill S. 1, to provide greater transparency in the legislative process; 
as follows:

       At the appropriate place, insert the following:

     SEC. __. FREE ATTENDANCE AT A BONA FIDE CONSTITUENT EVENT.

       (a) In General.--Paragraph 1(c) of rule XXXV of the Senate 
     Rules is amended by adding at the end the following:
       ``(24) Subject to the restrictions in subparagraph (a)(2), 
     free attendance at a bona fide constituent event permitted 
     pursuant to subparagraph (h).''.
       (b) In General.--Paragraph 1 of rule XXXV of the Senate 
     Rules is amended by adding at the end the following:
       ``(h)(1) A Member, officer or, employee may accept an offer 
     of free attendance at a convention, conference, symposium, 
     forum, panel discussion, dinner event, site visit, viewing, 
     reception, or similar event, provided by a sponsor of the 
     event, if--
       ``(A) the cost of any meal provided does not exceed $50;
       ``(B)(i) the event is sponsored by bona fide constituents 
     of, or a group that consists primarily of bona fide 
     constituents of, the Member (or the Member by whom the 
     officer or employee is employed); and
       ``(ii) the event will be attended by a group of at least 5 
     bona fide constituents or individuals employed by bona fide 
     constituents of the Member (or the Member by whom the officer 
     or employee is employed) provided that an individual 
     registered to lobby under the Federal Lobbying Disclosure Act 
     shall not attend the event; and
       ``(C)(i) the Member, officer, or employee participates in 
     the event as a speaker or a panel participant, by presenting 
     information related to Congress or matters before Congress, 
     or by performing a ceremonial function appropriate to the 
     Member's, officer's, or employee's official position; or
       ``(ii) attendance at the event is appropriate to the 
     performance of the official duties or representative function 
     of the Member, officer, or employee.
       ``(2) A Member, officer, or employee who attends an event 
     described in clause (1) may accept a sponsor's unsolicited 
     offer of free attendance at the event for an accompanying 
     individual if others in attendance will generally be 
     similarly accompanied or if such attendance is appropriate to 
     assist in the representation of the Senate.
       ``(3) For purposes of this paragraph, the term `free 
     attendance' has the same meaning as in subparagraph (d).
       ``(4) The Select Committee on Ethics shall issue guidelines 
     within 60 days after the enactment of this subparagraph on 
     determining the definition of the term `bona fide 
     constituent'.''.
                                 ______
                                 
  SA 39. Mr. COLEMAN sumbitted an amendment intended to be proposed by 
him to the bill S. 1, to provide greater transparency in the 
legislative process; as follows:

       At the appropriate place, insert the following:

     SEC. __. CONGRESSIONAL TRAVEL PUBLIC WEBSITE.

       (a) In General.--Not later than January 1, 2008, the 
     Secretary of the Senate and the Clerk of the House of 
     Representatives shall each establish a publicly available 
     website that contains information on all officially related 
     congressional travel that is subject to disclosure under the 
     gift rules of the Senate and the House of Representatives, 
     respectively, that includes--
       (1) a search engine;
       (2) uniform categorization by Member, dates of travel, and 
     any other common categories associated with congressional 
     travel; and
       (3) all forms filed in the Senate and the House of 
     Representatives relating to officially-related travel 
     referred to in paragraph (2), including the ``Disclosure of 
     Member or Officer's Reimbursed Travel Expenses'' form in the 
     Senate.
       (b) Extension Authority.--If the Secretary of the Senate or 
     the Clerk of the House of Representatives is unable to meet 
     the deadline established under subsection (a), the Committee 
     on Rules and Administration of the Senate or the Committee on 
     Rules of the House of Representatives may grant an extension 
     of such date for the Secretary of the Senate or the Clerk of 
     the House of Representatives, respectively.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as are necessary to carry out 
     this section.
                                 ______
                                 
  SA 40. Mr. STEVENS proposed an amendment to amendment SA 4 proposed 
by Mr. Reid (for himself, Mr. Durbin, Mr. Salazar, and Mr. Obama) to 
the amendment SA 3 proposed by Mr. Reid (for himself, Mr. McConnell, 
Mrs. Feinstein, Mr. Bennett, Mr. Lieberman, Ms. Collins, Mr. Obama, Mr. 
Salazar, and Mr. Durbin) to the bill S. 1, to provide greater 
transparency in the legislative process; as follows:

       On page 8, line 14, after ``entity'' insert ``or by a 
     Member of Congress, or Member's spouse or an immediate family 
     member of either''.

       On page 10, after line 5, insert the following:
       (4) Limited flight exception.--Paragraph 1 of rule XXXV of 
     the Standing Rules of the Senate is amended by adding at the 
     end the following:
       ``(h) For purposes of subparagraph (c)(1) and rule XXXVIII, 
     if there is not more than 1 regularly scheduled flight daily 
     from a point in a Member's State to another point within that 
     Member's State, the Select Committee on Ethics may provide a 
     waiver to the requirements in subparagraph (c)(1) (except in 
     those cases where regular air service is not available 
     between 2 cities) if--
       ``(1) there is no appearance of or actual conflict of 
     interest; and
       ``(2) the Member has the trip approved by the committee at 
     a rate determined by the committee.
     In determining rates under clause (2), the committee may 
     consider Ethics Committee Interpretive Ruling 412.''.
       (5) Disclosure.--
       (A) Rules.--Paragraph 2 of rule XXXV of the Standing Rules 
     of the Senate is amended by adding at the end the following:
       ``(g) A Member, officer, or employee of the Senate shall--
       ``(1) disclose a flight on an aircraft that is not licensed 
     by the Federal Aviation Administration to operate for 
     compensation or hire, excluding a flight on an aircraft 
     owned, operated, or leased by a governmental entity, taken in 
     connection with the duties of the Member, officer, or 
     employee as an officeholder or Senate officer or employee; 
     and
       ``(2) with respect to the flight, file a report with the 
     Secretary of the Senate, including the date, destination, and 
     owner or lessee of the aircraft, the purpose of the trip, and 
     the persons on the trip, except for any person flying the 
     aircraft.

     This subparagraph shall apply to flights approved under 
     paragraph 1(h).''.
       (B) FECA.--Section 304(b) of the Federal Election Campaign 
     Act of 1971 (2 U.S.C. 434(b)) is amended--
       (i) by striking ``and'' at the end of paragraph (7);
       (ii) by striking the period at the end of paragraph (8) and 
     inserting ``; and''; and
       (iii) by adding at the end the following:
       ``(9) in the case of a principal campaign committee of a 
     candidate (other than a candidate for election to the office 
     of President or Vice President), any flight taken by the 
     candidate (other than a flight designated to transport the 
     President, Vice President, or a candidate for election to the 
     office of President or Vice President) during the reporting 
     period on an aircraft that is not licensed by the Federal 
     Aviation Administration to operate for compensation or hire, 
     together with the following information:
       ``(A) The date of the flight.
       ``(B) The destination of the flight.
       ``(C) The owner or lessee of the aircraft.
       ``(D) The purpose of the flight.
       ``(E) The persons on the flight, except for any person 
     flying the aircraft.''.
       (C) Public availability.--Paragraph 2(e) of rule XXXV of 
     the Standing Rules of the Senate is amended to read as 
     follows:
       ``(e) The Secretary of the Senate shall make available to 
     the public all disclosures filed pursuant to subparagraphs 
     (f) and (g) as soon as possible after they are received and 
     such matters shall be posted on the Member's official website 
     but no later than 30 days after the trip or flight.''.
                                 ______
                                 
  SA 41. Mr. OBAMA (for himself and Mr. Feingold) submitted an 
amendment intended to be proposed by him to the bill S. 1, to provide 
greater transparency in the legislative process; which was ordered to 
lie on the table; as follows:

       Strike section 212 and insert the following:

     SEC. 212. QUARTERLY REPORTS ON OTHER CONTRIBUTIONS.

       Section 5 of the Act (2 U.S.C. 1604) is amended by adding 
     at the end the following:
       ``(d) Quarterly Reports on Other Contributions.--
       ``(1) In general.--Not later than 45 days after the end of 
     the quarterly period beginning on the 20th day of January, 
     April, July, and October of each year, or on the first 
     business day after the 20th if that day is not a business 
     day, each registrant under paragraphs (1) or (2) of section 
     4(a), and each employee who is listed as a lobbyist on a 
     current registration or report filed under this Act, shall 
     file a report with the Secretary of the Senate and the Clerk 
     of the House of Representatives containing--
       ``(A) the name of the registrant or lobbyist;
       ``(B) the employer of the lobbyist or the names of all 
     political committees established or administered by the 
     registrant;
       ``(C) the name of each Federal candidate or officeholder, 
     leadership PAC, or political party committee, to whom 
     aggregate contributions equal to or exceeding $200 were made 
     by the lobbyist, the registrant, or a political committee 
     established or administered by the registrant within the 
     calendar year, and the date and amount of each contribution 
     made within the quarter;
       ``(D) the name of each Federal candidate or officeholder, 
     leadership PAC, or political

[[Page 917]]

     party committee for whom a fundraising event was hosted, co-
     hosted, or sponsored by the lobbyist, the registrant, or a 
     political committee established or administered by the 
     registrant within the quarter, and the date, location, and 
     total amount (or good faith estimate thereof) raised at such 
     event;
       ``(E) the name of each Federal candidate or officeholder, 
     leadership PAC, or political party committee for whom 
     aggregate contributions equal to or exceeding $200 were 
     collected or arranged within the calendar year, and to the 
     extent known the aggregate amount of such contributions (or a 
     good faith estimate thereof) within the quarter for each 
     recipient;
       ``(F) the name of each covered legislative branch official 
     or covered executive branch official for whom the lobbyist, 
     the registrant, or a political committee established or 
     administered by the registrant provided, or directed or 
     caused to be provided, any payment or reimbursements for 
     travel and related expenses in connection with the duties of 
     such covered official, including for each such official--
       ``(i) an itemization of the payments or reimbursements 
     provided to finance the travel and related expenses, and to 
     whom the payments or reimbursements were made with the 
     express or implied understanding or agreement that such funds 
     will be used for travel and related expenses;
       ``(ii) the purpose and final itinerary of the trip, 
     including a description of all meetings, tours, events, and 
     outings attended;
       ``(iii) whether the registrant or lobbyist traveled on any 
     such travel;
       ``(iv) the identity of the listed sponsor or sponsors of 
     such travel; and
       ``(v) the identity of any person or entity, other than the 
     listed sponsor or sponsors of the travel, who directly or 
     indirectly provided for payment of travel and related 
     expenses at the request or suggestion of the lobbyist, the 
     registrant, or a political committee established or 
     administered by the registrant;
       ``(G) the date, recipient, and amount of funds contributed, 
     disbursed, or arranged (or a good faith estimate thereof) by 
     the lobbyist, the registrant, or a political committee 
     established or administered by the registrant--
       ``(i) to pay the cost of an event to honor or recognize a 
     covered legislative branch official or covered executive 
     branch official;
       ``(ii) to, or on behalf of, an entity that is named for a 
     covered legislative branch official, or to a person or entity 
     in recognition of such official;
       ``(iii) to an entity established, financed, maintained, or 
     controlled by a covered legislative branch official or 
     covered executive branch official, or an entity designated by 
     such official; or
       ``(iv) to pay the costs of a meeting, retreat, conference, 
     or other similar event held by, or for the benefit of, 1 or 
     more covered legislative branch officials or covered 
     executive branch officials;
       ``(H) the date, recipient, and amount of any gift (that 
     under the standing rules of the House of Representatives or 
     Senate counts towards the $100 cumulative annual limit 
     described in such rules) valued in excess of $20 given by the 
     lobbyist, the registrant, or a political committee 
     established or administered by the registrant to a covered 
     legislative branch official or covered executive branch 
     official; and
       ``(I) the name of each Presidential library foundation and 
     Presidential inaugural committee, to whom contributions equal 
     to or exceeding $200 were made by the lobbyist, the 
     registrant, or a political committee established or 
     administered by the registrant within the calendar year, and 
     the date and amount of each such contribution within the 
     quarter.
       ``(2) Rules of construction.--
       ``(A) In general.--For purposes of this subsection, 
     contributions, donations, or other funds--
       ``(i) are `collected' by a lobbyist where funds donated by 
     a person other than the lobbyist are received by the lobbyist 
     for, or forwarded by the lobbyist to, a Federal candidate or 
     other recipient; and
       ``(ii) are `arranged' by a lobbyist--

       ``(I) where there is a formal or informal agreement, 
     understanding, or arrangement between the lobbyist and a 
     Federal candidate or other recipient that such contributions, 
     donations, or other funds will be or have been credited or 
     attributed by the Federal candidate or other recipient in 
     records, designations, or formal or informal recognitions as 
     having been raised, solicited, or directed by the lobbyist; 
     or
       ``(II) where the lobbyist has actual knowledge that the 
     Federal candidate or other recipient is aware that the 
     contributions, donations, or other funds were solicited, 
     arranged, or directed by the lobbyist.

       ``(B) Clarifications.--For the purposes of this paragraph--
       ``(i) the term `lobbyist' shall include a lobbyist, 
     registrant, or political committee established or 
     administered by the registrant; and
       ``(ii) the term `Federal candidate or other recipient' 
     shall include a Federal candidate, Federal officeholder, 
     leadership PAC, or political party committee.
       ``(3) Definitions.--In this subsection, the following 
     definitions shall apply:
       ``(A) Gift.--The term `gift'--
       ``(i) means a gratuity, favor, discount, entertainment, 
     hospitality, loan, forbearance, or other item having monetary 
     value; and
       ``(ii) includes, whether provided in kind, by purchase of a 
     ticket, payment in advance, or reimbursement after the 
     expense has been incurred--

       ``(I) gifts of services;
       ``(II) training;
       ``(III) transportation; and
       ``(IV) lodging and meals.

       ``(B) Leadership pac.--The term `leadership PAC' means with 
     respect to an individual holding Federal office, an 
     unauthorized political committee which is associated with an 
     individual holding Federal office, except that such term 
     shall not apply in the case of a political committee of a 
     political party.''.
                                 ______
                                 
  SA 42. Mrs. FEINSTEIN (for herself and Mr. Rockefeller) proposed an 
amendment to amendment SA 3 proposed by Mr. Reid (for himself, Mr. 
McConnell, Mrs. Feinstein, Mr. Bennett, Mr. Lieberman, Ms. Collins, Mr. 
Obama, Mr. Salazar, and Mr. Durbin) to the bill S. 1, to provide 
greater transparency in the legislative process; follows:

       On page 7, after line 6, insert the following:
       ``4. It shall not be in order to consider any bill, 
     resolution, or conference report that contains an earmark 
     included in any classified portion of a report accompanying 
     the measure unless the bill, resolution, or conference report 
     includes, in unclassified language, to the greatest extent 
     possible, a general program description, funding level, and 
     the name of the sponsor of that earmark.''.

     

                          ____________________