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Politics
Tribal-Related Amendments to Lobbying Reform Bill


The following are the text of three tribal-related amendments to S.2349, the lobbying reform bill being considered in the Senate.

SA 2908. Mr. VITTER submitted an amendment intended to be proposed by him to the bill S. 2349, to provide greater transparency in the legislative process; which was ordered to lie on the table; as follows:

On page 34, between lines 6 and 7, insert the following:

SEC. 221. APPLICATION OF FECA TO INDIAN TRIBES.

(a) Contributions and Expenditures by Corporations.--Section 316 of the Federal Election Campaign Act of 1971 (2 U.S.C. 441b) is amended by adding at the end the following:

``(d) Treatment of Indian Tribes as Corporations.--

``(1) IN GENERAL.--In this section, the term `corporation' includes an unincorporated Indian tribe.

``(2) TREATMENT OF MEMBERS AS STOCKHOLDERS.--In applying this subsection, a member of an unincorporated Indian tribe shall be treated in the same manner as a stockholder of a corporation.''.

(b) Effective Date.--The amendment made by subsection (a) shall apply with respect to any election that occurs after December 31, 2006.

SA 2973. Mr. McCAIN submitted an amendment intended to be proposed by him to the bill S. 2349, to provide greater transparency in the legislative process; which was ordered to lie on the table, as follows:

On page 14, between lines 2 and 3, insert the following:

SEC. 12. ADDITIONAL EMPLOYMENT RIGHTS.

(a) In General.--Section 104 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450i) is amended by striking subsection (j) and inserting the following:

``(j) Additional Employment Rights.--

``(1) DEFINITION OF TRIBAL EMPLOYEE.--In this subsection, the term `tribal employee', with respect to an Indian tribal government, means an individual acting under the day-to-day control or supervision of the Indian tribal government, unaffected by the control or supervision of any independent contractor, agency or organization, or intervening sovereignty.

``(2) RIGHTS OF CERTAIN EMPLOYEES.--Notwithstanding sections 205 and 207 of title 18, United States Code, an officer or employee of the United States assigned to an Indian tribe under section 3372 of title 5, United States Code, or section 2072 of the Revised Statutes (25 U.S.C. 48), or an individual that was formerly an officer or employee of the United States and who is a tribal employee or an elected or appointed official of an Indian tribe carrying out an official duty of the tribal employee or official may communicate with and appear before any department, agency, court, or commission on behalf of the Indian tribe on any matter, including any matter in which the United States is a party or has a direct and substantial interest.

``(3) NOTIFICATION OF INVOLVEMENT IN PENDING MATTER.--An officer, employee, or former officer or employee described in paragraph (2) shall submit to the head of each appropriate department, agency, court, or commission, in writing, a notification of any personal and substantial involvement the officer, employee, or former officer or employee had as an officer or employee of the United States with respect to the pending matter.''.

(b) Effective Date.--The effective date of the amendment made by this section shall be the date that is 1 year after the date of enactment of this Act. SA 2974. Mr. McCAIN (for himself, Mr. Kyl, and Mr. Coburn) submitted an amendment intended to be proposed by him to the bill S. 2349, to provide greater transparency in the legislative process; which was ordered to lie on the table, as follows:

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

SEC. 113. REPORTING OF CONTRIBUTIONS BY INDIAN TRIBES.

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

``REPORTS BY INDIAN TRIBES

``SEC. 304A. (a)(1) IN GENERAL.--Each Indian tribe shall file reports of contributions made to a candidate, a political committee, or a Federal account of a State, district, or local committee of a political party in accordance with the provisions of this subsection.

``(2) Reports.--

``(A) ELECTION YEAR.--

``(i) IN GENERAL.--In any calendar year during which there is a regularly scheduled election, an Indian tribe shall file a report--

``(I) for the first calendar quarter in which contributions are made that aggregate in excess of $1,000 for the calendar year; and

``(II) for any calendar quarter after the quarter described in subclause (I) in which additional contributions are made.

``(ii) TIMING OF REPORTS.--A report required under clause (i) shall be filed no later than the 15th day after the last day of the calendar quarter, and shall be complete as of the last day of the calendar quarter: except that the report for the quarter ending on December 31 shall be filed no later than January 31 of the following calendar year.

``(iii) INITIAL REPORT.--The report required under clause (i)(I) shall include information with respect to contributions made during all preceding quarters during the calendar year.

``(B) OTHER YEARS.--

``(i) IN GENERAL.--In any other calendar year, an Indian tribe shall file a report--

``(I) for the first reporting period described in clause (ii) in which contributions are made that aggregate in excess of $1,000 in the calendar year; and

``(II) for any reporting period after the period described in subclause (I) in which additional contributions are made.

``(ii) REPORTING PERIODS DESCRIBED.--The reporting periods described in this clause are--

``(I) the period beginning January 1 and ending June 30 of such calendar year; and

``(II) the period beginning July 1 and ending December 31 of such calendar year.

``(iii) TIMING OF REPORT.--The reports required under clause (i) shall be filed--

``(I) in the case of the reporting period described in clause (ii)(I), no later than July 31; and

``(II) in the case of the reporting period described in clause (ii)(II), no later than January 31 of the following calendar year.

``(iv) INITIAL REPORT.--The report required under clause (i)(I) shall include information with respect to contributions made during any preceding reporting period during the calendar year.

``(b) Contents of Report.--Each report under this section shall disclose--

``(1) the total amount of contributions made by the Indian tribe to candidates, political committees, and Federal accounts of State, district, and local committees of political parties during the reporting period;

``(2) the name and address of each such candidate, political committee, and Federal account to which the Indian tribe made a contribution during the reporting period, with respect to which the contribution or contributions have an aggregate amount or value in excess of $200 within the calendar year (or election cycle, in the case of an authorized committee of a candidate for Federal office), together with the date and amount of any such contribution;

``(3) the name and address of the Indian tribe and the unique identifier assigned to the Indian tribe under subsection (c); and

``(4) the name, address, and position of the custodian of the books and accounts of the Indian tribe.

``(c) Unique Identifier.--The Commission, in consultation with the Secretary of the Interior, shall assign a unique identifier to each Indian tribe for the purpose of filing reports under this section.''.

(b) Definition of Indian Tribe.--Section 301 of such Act (2 U.S.C. 431) is amended by adding at the end the following new paragraph:

``(27) INDIAN TRIBE.--The term `Indian tribe' means any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village or regional or village corporation (as defined in or established pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.)), which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.''.