III 109th CONGRESS 2d Session S. RES. 492 IN THE SENATE OF THE UNITED STATES May 24, 2006 Mr. Baucus submitted the following resolution; which was referred to the Committee on Rules and Administration RESOLUTION To amend the Standing Rules of the Senate to prohibit Members from using charitable foundations for personal gain.

1.

Prohibition on using charities for personal or political gain

(a)

In general

Rule XXXVII of the Standing Rules of the Senate is amended by adding at the end the following: 13.(a) A Member of the Senate shall not use for personal or political gain any organization— (1)which is described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code; and (2)the affairs over which such Member or the spouse of such Member is in a position to exercise substantial influence. (b)For purposes of this paragraph, a Member of the Senate shall be considered to have used an organization described in subparagraph (a) for personal or political gain if— (1)a member of the family (within the meaning of section 4946(d) of the Internal Revenue Code of 1986) of the Member is employed by the organization; (2)any of the Member’s staff is employed by the organization; (3)an individual or firm that receives money from the Member’s campaign committee or a political committee established, maintained, or controlled by the Member serves in a paid capacity with or receives a payment from the organization; (4)the organization pays for travel or lodging costs incurred by the Member for a trip on which the Member also engages in political fundraising activities; or (5)another organization that receives support from such organization pays for travel or lodging costs incurred by the Member. (c)(1)A Member of the Senate and any employee on the staff of a Member to which paragraph 9(c) applies shall disclose to the Secretary of the Senate the identity of any person who makes an applicable contribution and the amount of any such contribution. (2)For purposes of this subparagraph, an applicable contribution is a contribution— (A)which is to an organization described in subparagraph (a); (B)which is over $200; and (C)of which such Member or employee, as the case may be, knows. (3)The disclosure under this subparagraph shall be made not later than 6 months after the date on which such Member or employee first knows of the applicable contribution. (4)The Secretary of the Senate shall make available to the public all disclosures filed pursuant to this subparagraph as soon as possible after they are received. (d)(1)The Select Committee on Ethics may grant a waiver to any Member with respect to the application of this paragraph in the case of an organization which is described in subparagraph (a)(1) and the affairs over which the spouse of the Member, but not the Member, is in a position to exercise substantial influence. (2)In granting a waiver under this subparagraph, the Select Committee on Ethics shall consider all the facts and circumstances relating to the relationship between the Member and the organization, including— (A)the independence of the Member from the organization; (B)the degree to which the organization receives contributions from multiple sources not affiliated with the Member; (C)the risk of abuse; and (D)whether the organization was formed prior to and separately from such spouse's involvement with the organization. . (b)

Effective date

The amendment made by this section shall take effect on January 1, 2007.