To require all congressional earmark requests to be submitted to the appropriate Senate committee on a standardized form.

TEXT OF AMENDMENTS

SA 43. Mr. LIEBERMAN (for himself, Mr. Obama, Mr. Feingold, and Mr.
McCain) 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 LOBBYING ON EARMARKS.

(a) Reports.--Section 4(b)(5)(B) of the Act (2 U.S.C.
1603(b)(5)(B)) is amended by adding immediately following
``activities'' the following: ``, including earmarks,
targeted tax benefits, and targeted tariff benefits as
defined in section 103 of the Legislative Transparency and
Accountability Act of 2007, and the legislation that contains
the earmark, targeted tax benefit, or targeted tariff
benefit, including the bill number, if known.''.
(b) Disclosures.--Section 5(b)(2)(A) of the Act (2 U.S.C.
1604(b)(2)(A)) is amended to read--
``(A) a list of the specific issues upon which a lobbyist
employed by the registrant engaged in lobbying activities,
including--
``(i) to the maximum extent practicable, a list of bill
numbers and references to specific executive branch actions;
and
``(ii) each earmark, limited tax benefit, or targeted
tariff benefit as defined in section 103 of the Legislative
Transparency and Accountability Act of 2007 for which the
registrant engaged in lobbying activities, and the
legislation that contains the earmark, targeted tax benefit,
or targeted tariff benefit, including the bill number, if
known;''.

______

SA 44. Mr. DURBIN proposed an amendment to amendment SA 11 proposed
by Mr. DeMint (for himself, Mr. Cornyn) 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:

In lieu of the matter proposed to be inserted insert the
following:

SEC. 103. CONGRESSIONAL EARMARK REFORM.

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

RULE XLIV

earmarks

``1. It shall not be in order to consider--
``(a) a bill or joint resolution reported by a committee
unless the report includes a list, which shall be made
available on the Internet to the general public for at least
48 hours before consideration of the bill or joint
resolution, of congressional earmarks, limited tax benefits,
and limited tariff benefits in the bill or in the report (and
the name of any Member who submitted a request to the
committee for each respective item included in such list) or
a statement that the proposition contains no congressional
earmarks, limited tax benefits, or limited tariff benefits;
``(b) a bill or joint resolution not reported by a
committee unless the chairman of each committee of
jurisdiction has caused a list, which shall be made available
on the Internet to the general public for at least 48 hours
before consideration of the bill or joint resolution, of
congressional earmarks, limited tax benefits, and limited
tariff benefits in the bill (and the name of any Member who
submitted a request to the committee for each respective item
included in such list) or a statement that the proposition
contains no congressional earmarks, limited tax benefits, or
limited tariff benefits to be printed in the Congressional
Record prior to its consideration; or
``(c) a conference report to accompany a bill or joint
resolution unless the joint explanatory statement prepared by
the managers on the part of the House and the managers on the
part of the Senate includes a list, which shall be made
available on the Internet to the general public for at least
48 hours before consideration of the conference report, of
congressional earmarks, limited tax benefits, and limited
tariff benefits in the conference report or joint statement
(and the name of any Member, Delegate, Resident Commissioner,
or Senator who submitted a request to the House or Senate
committees of jurisdiction for each respective item included
in such list) or a statement that the proposition contains no
congressional earmarks, limited tax benefits, or limited
tariff benefits.
``2. For the purpose of this rule--
``(a) the term `congressional earmark' means a provision or
report language included 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;
``(b) the term `limited tax benefit' means--
``(1) any revenue provision that--
``(A) provides a Federal tax deduction, credit, exclusion,
or preference to a particular beneficiary or limited group of
beneficiaries under the Internal Revenue Code of 1986; and
``(B) contains eligibility criteria that are not uniform in
application with respect to potential beneficiaries of such
provision; or
``(2) any Federal tax provision which provides one
beneficiary temporary or permanent transition relief from a
change to the Internal Revenue Code of 1986; and
``(c) the term `limited tariff benefit' means a provision
modifying the Harmonized Tariff Schedule of the United States
in a manner that benefits 10 or fewer entities.
``3. A Member may not condition the inclusion of language
to provide funding for a congressional earmark, a limited tax
benefit, or a limited tariff benefit in any bill or joint
resolution (or an accompanying report) or in any conference
report on a bill or joint resolution (including an
accompanying joint explanatory statement of managers) on any
vote cast by another Member, Delegate, or Resident
Commissioner.
``4. (a) A Member who requests a congressional earmark, a
limited tax benefit, or a

[[Page S523]]

limited tariff benefit in any bill or joint resolution (or an
accompanying report) or in any conference report on a bill or
joint resolution (or an accompanying joint statement of
managers) shall provide a written statement to the chairman
and ranking member of the committee of jurisdiction,
including--
``(1) the name of the Member;
``(2) in the case of a congressional earmark, the name and
address of the intended recipient or, if there is no
specifically intended recipient, the intended location of the
activity;
``(3) in the case of a limited tax or tariff benefit,
identification of the individual or entities reasonably
anticipated to benefit, to the extent known to the Member;
``(4) the purpose of such congressional earmark or limited
tax or tariff benefit; and
``(5) a certification that the Member or spouse has no
financial interest in such congressional earmark or limited
tax or tariff benefit.
``(b) Each committee shall maintain the written statements
transmitted under subparagraph (a). The written statements
transmitted under subparagraph (a) for any congressional
earmarks, limited tax benefits, or limited tariff benefits
included in any measure reported by the committee or
conference report filed by the chairman of the committee or
any subcommittee thereof shall be published in a searchable
format on the committee's or subcommittee's website not later
than 48 hours after receipt on such information.''.
______

SA 45. 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:

On page 7, line 13, strike ``conference report unless such
report'' and insert ``legislative matter unless such matter''
On page 7, line 16, strike ``48'' and insert ``72.''
______

SA 52. Mr. CORNYN proposed an amendment to amendment SA 2 proposed by
Mr. Leahy (for himself and Mr. Pryor) 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 4, after line 5, add the following:
(e) Deterring Public Corruption.--
(1) Application of mail and wire fraud statutes to licences
and other intangible rights.--Sections 1341 and 1343 of title
18, United States Code, are each amended by striking ``money
or property'' and inserting ``money, property, or any other
thing of value''.
(2) Venue for federal offenses.--
(A) Venue includes any district in which conduct in
furtherance of an offense takes place.--Subsection (a) of
section 3237 of title 18, United States Code, is amended to
read as follows:
``(a) Except as otherwise provided by law, an offense
against the United States may be inquired of and prosecuted
in any district in which any conduct required for, or any
conduct in furtherance of, the offense took place, or in
which the offense was completed.''.
(B) Conforming amendments.--
(i) Section heading.--The heading for section 3237 of title
18, United States Code, is amended to read as follows:

``Sec. 3237. Offense taking place in more than one
district''.

(ii) Table of sections.--The table of sections at the
beginning of chapter 211 of title 18, United States Code, is
amended so that the item relating to section 3237 reads as
follows:

``3237. Offense taking place in more than one district.''.
(3) Theft or bribery concerning programs receiving federal
financial assistance.--Section 666(a) of title 18, United
States Code, is amended--
(A) in paragraph (1)(B), by striking ``of $5,000 or more''
and inserting ``of $1,000 or more'';
(B) in paragraph (2), by striking ``of $5,000 or more'' and
inserting ``of $1,000 or more''; and
(C) in the matter following paragraph (2), by striking
``ten years'' and inserting ``20 years''.
(4) Penalty for section 641 violations.--Section 641 of
title 18, United States Code, is amended by striking ``ten
years'' and inserting ``20 years''.
(5) Bribery and graft.--Section 201 of title 18, United
States Code, is amended--
(A) in subsection (b)--
(i) by striking ``fifteen years'' and inserting ``30
years''; and
(ii) by adding at the end the following: ``If the official
act involved national security, the term of imprisonment
under this subsection shall be not less than 3 years.''; and
(B) in subsection (c), by striking ``two years'' and
inserting ``10 years''.
(6) Making rico maximum conform to bribery maximum.--
Section 1963(a) of title 18, United States Code, is amended
by striking ``20 years'' and inserting ``30 years''.
(7) Increase of maximum penalties for certain public
corruption related offenses.--
(A) Solicitation of political contributions.--Section
602(a) of title 18, United States Code, is amended by
striking ``3 years'' and inserting ``10 years''.
(B) Promise of employment for political activity.--Section
600 of title 18, United States Code, is amended by striking
``one year'' and inserting ``10 years''.
(C) Deprivation of employment for political activity.--
Section 601(a) of title 18, United States Code, is amended by
striking ``one year'' and inserting ``10 years''.
(D) Intimidation to secure political contributions.--
Section 606 of title 18, United States Code, is amended by
striking ``three years'' and inserting ``10 years''.
(E) Solicitation and acceptance of contributions in federal
offices.--Section 607(a)(2) of title 18, United States Code,
is amended by striking ``3 years'' and inserting ``10
years''.
(F) Coercion of political activity by federal employees.--
Section 610 of title 18, United States Code, is amended by
striking ``three years'' and inserting ``10 years''.
(8) Addition of district of columbia to theft of public
money offense.--Section 641 of title 18, United States Code,
is amended by inserting ``the District of Columbia or''
before ``the United States'' each place that term appears.
(9) Additional rico predicates.--Section 1961(1) of title
18, United States Code, is amended--
(A) by inserting ``section 641 (relating to embezzlement or
theft of public money, property, or records,'' after ``473
(relating to counterfeiting),''; and
(10) Additional wiretap predicates.--Section 2516(1) of
title 18, United States Code, is amended--
(A) in paragraph (c), by inserting ``section 641 (relating
to embezzlement or theft of public money, property, or
records,'' after ``section 224 (relating to bribery in
sporting contests),'';
(B) in paragraph (r), by striking ``or'' at the end;
(C) by redesignating paragraph (s) as paragraph (t); and
(D) by inserting after paragraph (r) the following:
``(s) a violation of section 309(d)(1)(A)(i) or 319 of the
Federal Election Campaign Act of 1971; or''.
(11) Clarification of crime of illegal gratuities.--
Subparagraphs (A) and (B) of section 201(c)(1) of title 18,
United States Code, are each amended by inserting ``the
official position of that official or person or'' before
``any official act''.
(12) Amendment of the sentencing guidelines relating to
certain crimes.--
(A) Directive to sentencing commission.--Pursuant to its
authority under section 994(p) of title 28, United States
Code, and in accordance with this section, the United States
Sentencing Commission forthwith shall review and amend its
guidelines and its policy statements applicable to persons
convicted of an offense under sections 201, 641, 666, and
1962 of title 18, United States Code, in order to reflect the
intent of Congress that such penalties be increased in
comparison to those currently provided by guidelines and
policy statements.
(B) Requirements.--In carrying out this subsection, the
Commission shall--
(i) ensure that the sentencing guidelines and policy
statements reflect Congress' intent that the guidelines and
policy statements reflect the serious nature of the offenses
described in subparagraph (A), the growing incidence of such
offenses, and the need for an effective deterrent and
appropriate punishment to prevent such offenses;
(ii) consider the extent to which the guidelines may or may
not appropriately account for--

(I) the potential and actual harm to the public and the
amount of any loss resulting from the offense;
(II) the level of sophistication and planning involved in
the offense;
(III) whether the offense was committed for purposes of
commercial advantage or private financial benefit;
(IV) whether the defendant acted with intent to cause
either physical or property harm in committing the offense;
(V) the extent to which the offense represented an abuse of
trust by the offender and was committed in a manner that
undermined public confidence in the Federal, State, or local
government; and
(VI) whether the violation was intended to or had the
effect of creating a threat to public health or safety,
injury to any person or even death;

(iii) assure reasonable consistency with other relevant
directives and with other sentencing guidelines;
(iv) account for any additional aggravating or mitigating
circumstances that might justify exceptions to the generally
applicable sentencing ranges;
(v) make any necessary conforming changes to the sentencing
guidelines; and
(vi) assure that the guidelines adequately meet the
purposes of sentencing as set forth in section 3553(a)(2) of
title 18, United States Code.
(13) Clarification of definition of official act.--Section
201(a)(3) of title 18, United States Code, is amended by
striking ``any decision'' and all that follows through
``profit'' and inserting ``any decision or action within the
range of official duty of a public official''.

______

SA 47. Mr. NELSON of Nebraska proposed an amendment to amendment SA 3
proposed by Mr. Reid (for himself, Mr. McConnell, Mrs. Feinstein, Mr.
Bennett, Mr. Lieberman, Ms. Collins,

[[Page S524]]

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. __. ENCOURAGING FISCAL RESPONSIBILITY IN THE EARMARKING
PROCESS.

(a) In General.--If an entity is properly awarded an
earmark as defined in section 103, the entire amount of the
earmark shall be transferred to the entity to be expended for
the essential governmental purpose of the earmark.
(b) Agency Prohibition.--Earmarked funds shall not be spent
by the authorizing department or agency (unless specifically
authorized in the section of the appropriations bill or
report containing the earmark) and shall instead be returned
to the Treasury for the purposes of deficit reduction.

______

SA 48. Mr. BOND (for Mr. Coburn) 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 38, between lines 5 and 6, insert the following:

SEC. 223. LOBBYING DISCLOSURE AND PUBLIC AVAILABILITY OF
FORMS FILED BY RECIPIENTS OF FEDERAL FUNDS AND
CONTRACTS.

(a) Lobbying Disclosure.--Section 1352(b)(2) of title 31,
United States Code, is amended--
(1) in subparagraph (A), by striking ``and'' after the
semicolon;
(2) in subparagraph (B), by striking the period and
inserting ``; and''; and
(3) by adding at the end the following:
``(C) an itemization of any funds spent by the person for
lobbying on a calendar year basis.''.
(b) Public Availability.--Section 1352(b) of title 31,
United States Code, is amended by adding at the end the
following:
``(7) Declarations required to be filed by paragraph (1)
shall be made available by the Office of Management and
Budget on a public, fully searchable website that shall be
updated quarterly.''.
(c) Effective Date.--The amendments made by this section
shall take effect 6 months after the date of enactment of
this Act.

______

SA 49. Mr. BOND (for Mr. Coburn) 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 subtitle A of title II, insert the following:

SEC. 225. SUBMISSION OF EARMARKS ON A UNIFORM FORM.

(a) In General.--Each Member of the Senate shall submit any
request for--
(1) an appropriations earmark to the Committee on
Appropriations of the Senate;
(2) a tax benefit earmark to the Committee on Finance of
the Senate; and
(3) any other earmark to the appropriate committee of
jurisdiction.
(b) Uniform Form.--
(1) In general.--Each request for an earmark under
subsection (a) shall be submitted on a standardized form.
(2) Rules committee.--The form described in paragraph (1)
shall be developed by the Committee on Rules and
Administration of the Senate.
(3) Required content.--The form described in paragraph (1),
shall at a minimum, include the following:
(A) The name of the Member requesting the earmark.
(B) The name of each entity that would be the recipient of
the earmark, including the name of the parent entity of such
recipient, if such recipient is owned by another entity. If
there is no specifically intended recipient, then the form
shall require the Member to identify the intended location or
activity that will benefit from the earmark. In the case of
an earmark that contains a limited tax or tariff benefit, the
Member shall identify the individual or entity reasonably
anticipated to benefit from the earmark (to the extent known
by the Member).
(C) The amount requested in the earmark.
(D) The Department or agency from which the amounts
requested in the earmark are expected to be provided (if
known by the Member).
(E) The appropriations bill from which the amounts
requested in the earmark are expected to be provided (if
known by the Member).
(F) A description of the earmark, including its purpose,
goals, and expected outcomes.
(G) The location and address of each entity that would be
the recipient of the earmark and the primary location of the
activities funded by the earmark, including the State, city,
congressional district, and country of such activities.
(H) Whether the earmark is funding an ongoing or a new
activity or initiative and the expected duration of such
activity or initiative.
(I) The source and amount of any other funding for the
activity or initiative funded by the earmark, including any
other Federal, State, local, or private funding for such
activity or initiative.
(J) Contact information for the entity that would be the
recipient of the earmark, including the name, phone number,
postal mailing address, and email for such entity.
(K) If the activity or initiative funded by the earmark is
authorized by Federal law. If so, the Member shall provide
the public law number and United States Code citation for
such authorization.
(L) The budget outline for such activity or initiative
funded by the earmark, including--
(i) the amount needed to complete the activity or
initiative; and
(ii) whether or not the Member, the spouse of the Member,
an immediate family member of the Member, a member of the
Member's staff, or an immediate family member of a member of
the Member's Senator's staff has a financial interest in the
earmark.
(4) Public accountability.--
(A) In general.--Not later than 7 days after the date that
a request for an earmark is submitted under this section, the
Committee on Appropriations of the Senate shall make the
request available to the public on the Internet website of
such committee, without fee or other access charge, in a
searchable, sortable, and downloadable manner.
(B) Recordkeeping.--The Committee on Appropriations of the
Senate shall maintain records of all requests made available
under subparagraph (A) for a period of not less than 6 years.
(c) Definitions.--In this section:
(1) Earmark.--The term ``earmark'' means--
(A) a provision or report language included 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;
(B) any revenue-losing provision that--
(i) provides a Federal tax deduction, credit, exclusion, or
preference to 10 or fewer beneficiaries under the Internal
Revenue Code of 1986; and
(ii) contains eligibility criteria that are not uniform in
application with respect to potential beneficiaries of such
provision;
(C) any Federal tax provision which provides one
beneficiary temporary or permanent transition relief from a
change to the Internal Revenue Code of 1986; and
(D) any provision modifying the Harmonized Tariff Schedule
of the United States in a manner that benefits 10 or fewer
entities.
(2) Immediate family member.--The term ``immediate family
member'' means the son, daughter, stepson, stepdaughter, son-
in-law, daughter-in-law, mother, father, stepmother,
stepfather, mother-in-law, father-in-law, brother, sister,
stepbrother, or stepsister of a person.

______

SA 50. Mr. BOND (for Mr. Coburn) 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:

Strike section 108 and insert the following:

SEC. 108. DISCLOSURE FOR GIFTS FROM LOBBYISTS.

Paragraph 1(a) of rule XXXV of the Standing Rules of the
Senate is amended--
(1) in clause (2), by striking the last sentence and
inserting ``Formal record keeping is required by this
paragraph as set out in clause (3).''; and
(2) by adding at the end the following:
``(3)(A) Not later than 48 hours after a gift has been
accepted, each Member, officer, or employee shall post on the
Member's Senate website, in a clear and noticeable manner,
the following:
``(i) The nature of the gift received.
``(ii) The value of the gift received.
``(iii) The name of the person or entity providing the
gift.
``(iv) The city and State where the person or entity
resides.
``(v) Whether that person is a registered lobbyist, and if
so, the name of the client for whom the lobbyist is providing
the gift and the city and State where the client resides.
``(B) Not later than 30 days after the adoption of this
clause, the Committee on Rules and Administration shall, in
consultation with the Select Committee on Ethics and the
Secretary of the Senate, proscribe the uniform format by
which the postings in subclause (A) shall be established.''.

Strike section 109 and insert the following:

SEC. 109. DISCLOSURE OF TRAVEL.

Paragraph 2 of rule XXXV of the Standing Rules of the
Senate is amended by adding at the end the following:
``(h)(1) Not later than 48 hours after a Member, officer,
or employee has accepted

[[Page S525]]

transportation or lodging otherwise permissible by the rules
from any other person, other than a governmental entity, such
Member, officer, or employee shall post on the Member's
Senate website, in a clear and noticeable manner, the
following:
``(A) The nature and purpose of the transportation or
lodging.
``(B) The fair market value of the transportation or
lodging.
``(C) The name of the person or entity sponsoring the
transportation or lodging.
``(D) The city and State where the person or entity
sponsoring the transportation or lodging resides.
``(E) Whether that sponsoring person is a registered
lobbyist, and if so, the name of the client for whom the
lobbyist is sponsoring the transportation or lodging and the
city and State where the client resides.
``(2) This subparagraph shall also apply to all
noncommercial air travel otherwise permissible by the rules.
``(3) Not later than 30 days after the adoption of this
subparagraph, the Committee on Rules and Administration
shall, in consultation with the Select Committee on Ethics
and the Secretary of the Senate, proscribe the uniform format
by which the postings in clauses (1) and (2) shall be
established.''.

______

SA 51. Mr. BOND (for Mr. Coburn) 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; which was ordered to lie on the table; as follows:

On page 18, between lines 3 and 4, insert the following:

SEC. 116. PROHIBITION ON FINANCIAL GAIN FROM EARMARKS BY
MEMBERS, IMMEDIATE FAMILY OF MEMBERS, STAFF OF
MEMBERS, OR IMMEDIATE FAMILY OF STAFF OF
MEMBERS.

Rule XXXVII of the Standing Rules of the Senate is amended
by adding at the end the following:
``15. (a) No Member shall use his official position to
introduce, request, or otherwise aid the progress or passage
of a congressional earmark that will financially benefit or
otherwise further the pecuniary interest of such Member, the
spouse of such Member, the immediate family member of such
Member, any employee on the staff of such Member, the spouse
of an employee on the staff of such Member, or immediate
family member of an employee on the staff of such Member.
``(b) For purposes of this paragraph--
``(1) the term `immediate family member' means the son,
daughter, stepson, stepdaughter, son-in-law, daughter-in-law,
mother, father, stepmother, stepfather, mother-in-law,
father-in-law, brother, sister, stepbrother, or stepsister of
a Member or any employee on the staff (including staff in
personal, committee and leadership offices) of a Member; and
``(2) the term `congressional earmark' means--
``(A) a provision or report language included 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;
``(B) any revenue-losing provision that--
``(i) provides a Federal tax deduction, credit, exclusion,
or preference to 10 or fewer beneficiaries under the Internal
Revenue Code of 1986; and
``(ii) contains eligibility criteria that are not uniform
in application with respect to potential beneficiaries of
such provision;
``(C) any Federal tax provision which provides one
beneficiary temporary or permanent transition relief from a
change to the Internal Revenue Code of 1986; and
``(D) any provision modifying the Harmonized Tariff
Schedule of the United States in a manner that benefits 10 or
fewer entities.''.

______

SA 52. Mr. MARTINEZ 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:

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) 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.
``(C) 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.
``(D) 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 53. Mr. MARTINEZ submitted an amendment intended to be proposed to
the language proposed to be stricken by 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:

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.

[[Page S526]]

``(v) Revitalization, reconstruction, or rehabilitation.
``(vi) Redevelopment.
``(vii) Construction.
``(B) 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.
``(C) 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.
``(D) 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 54. Mr. FEINGOLD (for himself and Mr. Obama) 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 11, line 2, strike ``Paragraph'' and insert ``(a)
In General.--Paragraph''.
On page 11, between lines 8 and 9, insert the following:
(b) National Party Conventions.--Paragraph (1)(d) of rule
XXXV of the Standing Rules of the Senate is amended by adding
at the end the following:
``5. A Member may not participate in an event honoring that
Member at a national party convention if such event is paid
for by any person or entity required to register pursuant to
section 4(a) of the Lobbying Disclosure Act of 1995, or any
individual or entity identified as a lobbyist or a client in
any current registration or report filed under such Act.''.
______

SA 55. Mr. OBAMA (for himself and Mr. Feingold) 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:

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 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;
``(F) 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;
``(G) 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
``(H) 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) Rule of construction.--
``(A) In general.--Contribution, donations, or other funds
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

[[Page S527]]

``(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 56. Mr. CASEY 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. ___. WRONGFULLY INFLUENCING A PRIVATE ENTITY'S
EMPLOYMENT DECISIONS OR PRACTICES.

(a) In General.--Chapter 11 of title 18, United States
Code, is amended by adding at the end the following:

``Sec. 226. Wrongfully influencing a private entity's
employment decisions by a Member of Congress

``Whoever, being a Senator or Representative in, or a
Delegate or Resident Commissioner to, the Congress or an
employee of either House of Congress, with the intent to
influence on the basis of partisan political affiliation an
employment decision or employment practice of any private
entity--
``(1) takes or withholds, or offers or threatens to take or
withhold, an official act; or
``(2) influences, or offers or threatens to influence, the
official act of another;

shall be fined under this title or imprisoned for not more
than 15 years, or both, and may be disqualified from holding
any office of honor, trust, or profit under the United
States.''.
(b) No Inference.--Nothing in section 226 of title 18,
United States Code, as added by this section, shall be
construed to create any inference with respect to whether the
activity described in section 226 of title 18, United States
Code, was already a criminal or civil offense prior to the
enactment of this Act, including sections 201(b), 201(c), and
216 of title 18, United States Code.
(c) Chapter Analysis.--The chapter analysis for chapter 11
of title 18, United States Code, is amended by adding at the
end the following:
``226. Wrongfully influencing a private entity's employment
decisions by a Member of Congress.''.
______

SA 57. Mr. SANDERS 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 60, between lines 22 and 23, insert the following:
(b) Report Regarding Political Contributions.--
(1) In general.--Not later than 6 months after the date of
enactment of this Act, the Commission shall submit a report
to Congress detailing the number, type, and quantity of
contributions made to Members of the Senate or the House of
Representatives during the 30-month period beginning on the
date that is 24 months before the date of enactment of the
Acts identified in paragraph (2) by the corresponding
organizations identified in paragraph (2).
(2) Organizations and acts.--The report submitted under
paragraph (1) shall detail the number, type, and quantity of
contributions made to Members of the Senate or the House of
Representatives as follows:
(A) For the Medicare Prescription Drug, Improvement, and
Modernization Act of 2003 (Public Law 108-173; 117 Stat.
2066), any contribution made during the time period described
in paragraph (1) by or on behalf of a political action
committee associated or affiliated with--
(i) a pharmaceutical company; or
(ii) a trade association for pharmaceutical companies.
(B) For the Bankruptcy Abuse Prevention and Consumer
Protection Act of 2005 (Public Law 109-8; 119 Stat. 23), any
contribution made during the time period described in
paragraph (1) by or on behalf of a political action committee
associated or affiliated with--
(i) a bank or financial services company;
(ii) a company in the credit card industry; or
(iii) a trade association for any such companies.
(C) For the Energy Policy Act of 2005 (Public Law 109-58;
119 Stat. 594), any contribution made during the time period
described in paragraph (1) by or on behalf of a political
action committee associated or affiliated with--
(i) a company in the oil, natural gas, nuclear, or coal
industry; or
(ii) a trade association for any such companies.
(D) For the Dominican Republic-Central America-United
States Free Trade Agreement Implementation Act (Public Law
109-53; 119 Stat. 462), any contribution made during the time
period described in paragraph (1) by or on behalf of a
political action committee associated or affiliated with--
(i) the United States Chamber of Commerce, the National
Association of Manufacturers, the Business Roundtable, the
National Federation of Independent Business, the Emergency
Committee for American Trade, or any member company of such
entities; or
(ii) any other free trade organization funded primarily by
corporate entities.
(3) Aggregate reporting.--The report submitted under
paragraph (1)--
(A) shall not list the particular Member of the Senate or
House of Representative that received a contribution; and
(B) shall report the aggregate amount of contributions
given by each entity identified in paragraph (2) to--
(i) Members of the Senate during the time period described
in paragraph (1) for the corresponding Act identified in
paragraph (2); and
(ii) Members of the House of Representatives during the
time period described in paragraph (1) for the corresponding
Act identified in paragraph (2).
(4) Definitions.--In this subsection--
(A) the terms ``authorized committee'', ``candidate'',
``contribution'', ``political committee'', and ``political
party'' have the meanings given such terms in section 301 of
the Federal Election Campaign Act of 1971 (2 U.S.C. 431); and
(B) the term ``political action committee'' means any
political committee that is not--
(i) a political committee of a political party; or
(ii) an authorized committee of a candidate.
______

SA 58. 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 appropriate place, insert the following:

SEC. __. SENSE OF THE SENATE REGARDING IMPROVING THE ETHICS
ENFORCEMENT PROCESS IN THE SENATE.

It is the Sense of the Senate that--
(1) the Committee on Homeland Security and Governmental
Affairs and the Committee on Rules and Administration of the
Senate should--
(A) study mechanisms to improve the ethics enforcement
process in the Senate and report any legislation to the full
Senate not later than March 31, 2007;
(B) in studying mechanisms under subparagraph (A), consider
whether, to improve the ethics enforcement process, an
independent bicameral office, separate offices for the Senate
and House of Representatives, or an independent bipartisan
commission should be established to investigate complaints of
violation of the ethics rules of the Senate or House of
Representatives and present matters to the Select Committee
on Ethics of the Senate; and
(C) in studying mechanisms under subparagraph (A), consult
with the Select Committee on Ethics of the Senate; and
(2) the full Senate should consider any legislation
reported under paragraph (1).

____________________