To prohibit former Members of Congress from engaging in lobbying activities in addition to lobbying contacts during their cooling off period.

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--
``(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--

[[Page S467]]

(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.
(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.

[[Page S468]]

(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.
(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.

[[Page S469]]

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.
(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

[[Page S470]]

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
(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:

[[Page S471]]

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 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.

[[Page S472]]

``(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 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

[[Page S473]]

(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 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

[[Page S474]]

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.''.

____________________