[Congressional Record (Bound Edition), Volume 152 (2006), Part 2]
[Senate]
[Pages 2761-2767]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 2910. Mr. FRIST submitted an amendment intended to be proposed to 
amendment SA 2899 proposed by Mr.

[[Page 2762]]

Kyl (for himself and Mr. Ensign) to bill S. 2320, to make available 
funds included in the Deficit Reduction Act of 2005 for the Low-Income 
Home Energy Assistance Program for fiscal year 2006, and for other 
purposes; which was ordered to lie on the table; as follows:

       Beginning on page 1, strike line 7 and all that follows 
     through page 2, line 5, and insert the following:
       (A) by striking ``for a 1-time only obligation and 
     expenditure'';
       (B) in paragraph (1), by striking ``$250,000,000 for fiscal 
     year 2007'' and inserting ``$500,000,000 for fiscal year 
     2006''; and
       (C) in paragraph (2), by striking ``$750,000,000 for fiscal 
     year 2007'' and inserting ``$500,000,000 for fiscal year 
     2006'';
                                 ______
                                 
  SA 2911. Mr. FRIST submitted an amendment intended to be proposed to 
amendment SA 2899 proposed by Mr. Kyl (for himself and Mr. Ensign) to 
bill S. 2320, to make available funds included in the Deficit Reduction 
Act of 2005 for the Low-Income Home Energy Assistance Program for 
fiscal year 2006, and for other purposes; which was ordered to lie on 
the table; as follows:

       Beginning on page 1, strike line 7 and all that follows 
     through page 2, line 5, and insert the following:
       (A) by striking ``for a 1-time only obligation and 
     expenditure'';
       (B) in paragraph (1), by striking ``$250,000,000 for fiscal 
     year 2007'' and inserting ``$500,000,000 for fiscal year 
     2006''; and
       (C) in paragraph (2), by striking ``$750,000,000 for fiscal 
     year 2007'' and inserting ``$500,000,000 for fiscal year 
     2006'';
                                 ______
                                 
  SA 2912. Mr. FRIST submitted an amendment intended to be proposed to 
amendment SA 2899 proposed by Mr. Kyl (for himself and Mr. Ensign) to 
the bill S. 2320, to make available funds included in the Deficit 
Reduction Act of 2005 for the Low-Income Home Energy Assistance Program 
for fiscal year 2006, and for other purposes; which was ordered to lie 
on the table; as follows:

       Beginning on page 1, strike line 7 and all that follows 
     through page 2, line 5, and insert the following:
       (A) by striking ``for a 1-time only obligation and 
     expenditure'';
       (B) in paragraph (1), by striking ``$250,000,000 for fiscal 
     year 2007'' and inserting ``$500,000,000 for fiscal year 
     2006''; and
       (C) in paragraph (2), by striking ``$750,000,000 for fiscal 
     year 2007'' and inserting ``$500,000,000 for fiscal year 
     2006'';
                                 ______
                                 
  SA 2913. Ms. SNOWE (for herself and Mr. Smith) submitted an amendment 
intended to be proposed to amendment SA 2899 proposed by Mr. Kyl (for 
himself and Mr. Ensign) to the bill S. 2320, to make available funds 
included in the Deficit Reduction Act of 2005 for the Low-Income Home 
Energy Assistance Program for fiscal year 2006, and for other purposes; 
as follows:

       Beginning on page 1, strike line 7 and all that follows 
     through page 2, line 5, and insert the following:
       (A) by striking ``for a 1-time only obligation and 
     expenditure'';
       (B) in paragraph (1), by striking ``$250,000,000 for fiscal 
     year 2007'' and inserting ``$500,000,000 for fiscal year 
     2006''; and
       (C) in paragraph (2), by striking ``$750,000,000 for fiscal 
     year 2007'' and inserting ``$500,000,000 for fiscal year 
     2006'';
                                 ______
                                 
  SA 2914. Ms. SNOWE submitted an amendment intended to be proposed to 
amendment SA 2899 proposed by Mr. Kyl (for himself and Mr. Ensign) to 
the bill S. 2320, to make available funds included in the Deficit 
Reduction Act of 2005 for the Low-Income Home Energy Assistance Program 
for fiscal year 2006, and for other purposes; which was ordered to lie 
on the table; as follows:

       Beginning on page 1, strike line 7 and all that follows 
     through page 2, line 5, and insert the following:
       (A) by striking ``for a 1-time only obligation and 
     expenditure'';
       (B) in paragraph (1), by striking ``$250,000,000 for fiscal 
     year 2007'' and inserting ``$500,000,000 for fiscal year 
     2006''; and
       (C) in paragraph (2), by striking ``$750,000,000 for fiscal 
     year 2007'' and inserting ``$500,000,000 for fiscal year 
     2006'';
                                 ______
                                 
  SA 2915. Ms. SNOWE submitted an amendment intended to be proposed to 
amendment SA 2899 proposed by Mr. Kyl (for himself and Mr. Ensign) to 
the bill S. 2320, to make available funds included in the Deficit 
Reduction Act of 2005 for the Low-Income Home Energy Assistance Program 
for fiscal year 2006, and for other purposes; which was ordered to lie 
on the table; as follows:

       Beginning on page 1, strike line 7 and all that follows 
     through page 2, line 5, and insert the following:
       (A) by striking ``for a 1-time only obligation and 
     expenditure'';
       (B) in paragraph (1), by striking ``$250,000,000 for fiscal 
     year 2007'' and inserting ``$500,000,000 for fiscal year 
     2006''; and
       (C) in paragraph (2), by striking ``$750,000,000 for fiscal 
     year 2007'' and inserting ``$500,000,000 for fiscal year 
     2006'';
                                 ______
                                 
  SA 2916. Ms. SNOWE submitted an amendment intended to be proposed to 
amendment SA 2899 proposed by Mr. Kyl (for himself and Mr. Ensign) to 
the bill S. 2320, to make available funds included in the Deficit 
Reduction Act of 2005 for the Low-Income Home Energy Assistance Program 
for fiscal year 2006, and for other purposes; which was ordered to lie 
on the table; as follows:

       Beginning on page 1, strike line 7 and all that follows 
     through page 2, line 5, and insert the following:
       (A) by striking ``for a 1-time only obligation and 
     expenditure'';
       (B) in paragraph (1), by striking ``$250,000,000 for fiscal 
     year 2007'' and inserting ``$400,000,000 for fiscal year 
     2006''; and
       (C) in paragraph (2), by striking ``$750,000,000 for fiscal 
     year 2007'' and inserting ``$600,000,000 for fiscal year 
     2006'';
                                 ______
                                 
  SA 2917. Ms. SNOWE submitted an amendment intended to be proposed to 
amendment SA 2899 proposed by Mr. Kyl (for himself and Mr. Ensign) to 
the bill S. 2320, to make available funds included in the Deficit 
Reduction Act of 2005 for the Low-Income Home Energy Assistance Program 
for fiscal year 2006, and for other purposes; which was ordered to lie 
on the table; as follows:

       Beginning on page 1, strike line 7 and all that follows 
     through page 2, line 5, and insert the following:
       (A) by striking ``for a 1-time only obligation and 
     expenditure'';
       (B) in paragraph (1), by striking ``$250,000,000 for fiscal 
     year 2007'' and inserting ``$450,000,000 for fiscal year 
     2006''; and
       (C) in paragraph (2), by striking ``$750,000,000 for fiscal 
     year 2007'' and inserting ``$550,000,000 for fiscal year 
     2006'';
                                 ______
                                 
  SA 2918. Ms. SNOWE submitted an amendment intended to be proposed to 
amendment SA 2906 submitted by Ms. Snowe and intended to be proposed to 
the bill S. 2320, to make available funds included in the Deficit 
Reduction Act of 2005 for the Low-Income Home Energy Assistance Program 
for fiscal year 2006, and for other purposes; which was ordered to lie 
on the table; as follows:

       Beginning on page 1, strike line 7 and all that follows 
     through page 2, line 17, and insert the following:
       (A) by striking ``for a 1-time only obligation and 
     expenditure'';
       (B) in paragraph (1), by striking ``$250,000,000 for fiscal 
     year 2007'' and inserting ``$500,000,000 for fiscal year 
     2006''; and
       (C) in paragraph (2), by striking ``$750,000,000 for fiscal 
     year 2007'' and inserting ``$500,000,000 for fiscal year 
     2006''; and
       (2) in subsection (b), by striking ``September 30, 2007'' 
     and inserting ``September 30, 2006''.
                                 ______
                                 
  SA 2919. Ms. SNOWE submitted an amendment intended to be proposed to 
amendment SA 2905 submitted by Ms. Snowe and intended to be proposed to 
the bill S. 2320, to make available funds included in the Deficit 
Reduction Act of 2005 for the Low-Income Home Energy Assistance Program 
for fiscal year 2006, and for other purposes; which was ordered to lie 
on the table; as follows:

       Beginning on page 1, strike line 8 and all that follows 
     through page 2, line 5, and insert the following:
       (A) by striking ``for a 1-time only obligation and 
     expenditure'';
       (B) in paragraph (1), by striking ``$250,000,000 for fiscal 
     year 2007'' and inserting ``$400,000,000 for fiscal year 
     2006''; and
       (C) in paragraph (2), by striking ``$750,000,000 for fiscal 
     year 2007'' and inserting ``$600,000,000 for fiscal year 
     2006'';
                                 ______
                                 
  SA 2920. Ms. SNOWE submitted an amendment intended to be proposed to 
amendment SA 2905 submitted by Ms. Snowe and intended to be proposed to 
the bill S. 2320, to make available funds included in the Deficit 
Reduction Act of 2005 for the Low-Income Home Energy Assistance Program 
for fiscal year 2006, and for other purposes; which was ordered to lie 
on the table; as follows:

       Beginning on page 1, strike line 7 and all that follows 
     through page 2, line 17, and insert the following:
       (A) by striking ``for a 1-time only obligation and 
     expenditure'';
       (B) in paragraph (1), by striking ``$250,000,000 for fiscal 
     year 2007'' and inserting ``$450,000,000 for fiscal year 
     2006''; and

[[Page 2763]]

       (C) in paragraph (2), by striking ``$750,000,000 for fiscal 
     year 2007'' and inserting ``$550,000,000 for fiscal year 
     2006''; and
       (2) in subsection (b), by striking ``September 30, 2007'' 
     and inserting ``September 30, 2006''.
                                 ______
                                 
  SA 2921. Ms. SNOWE submitted an amendment intended to be proposed to 
amendment SA 2906 submitted by Ms. Snowe and intended to be proposed to 
the bill S. 2320, to make available funds included in the Deficit 
Reduction Act of 2005 for the Low-Income Home Energy Assistance Program 
for fiscal year 2006, and for other purposes; which was ordered to lie 
on the table; as follows:

       Beginning on page 1, strike line 7 and all that follows 
     through page 2, line 17, and insert the following:
       (A) by striking ``for a 1-time only obligation and 
     expenditure'';
       (B) in paragraph (1), by striking ``$250,000,000 for fiscal 
     year 2007'' and inserting ``$400,000,000 for fiscal year 
     2006''; and
       (C) in paragraph (2), by striking ``$750,000,000 for fiscal 
     year 2007'' and inserting ``$600,000,000 for fiscal year 
     2006''; and
       (2) in subsection (b), by striking ``September 30, 2007'' 
     and inserting ``September 30, 2006''.
                                 ______
                                 
  SA 2922. Ms. SNOWE submitted an amendment intended to be proposed to 
amendment SA 2905 submitted by Ms. Snowe and intended to be proposed to 
the bill S. 2320, to make available funds included in the Deficit 
Reduction Act of 2005 for the Low-Income Home Energy Assistance Program 
for fiscal year 2006, and for other purposes; which was ordered to lie 
on the table; as follows:

       Beginning on page 1, strike line 8 and all that follows 
     through page 2, line 5, and insert the following:
       (A) by striking ``for a 1-time only obligation and 
     expenditure'';
       (B) in paragraph (1), by striking ``$250,000,000 for fiscal 
     year 2007'' and inserting ``$450,000,000 for fiscal year 
     2006''; and
       (C) in paragraph (2), by striking ``$750,000,000 for fiscal 
     year 2007'' and inserting ``$550,000,000 for fiscal year 
     2006'';
                                 ______
                                 
  SA 2923. Mrs. HUTCHISON submitted an amendment intended to be 
proposed to amendment SA 2899 proposed by Mr. Kyl (for himself and Mr. 
Ensign) to the bill S. 2320, to make available funds included in the 
Deficit Reduction Act of 2005 for the Low-Income Home Energy Assistance 
Program for fiscal year 2006, and for other purposes; which was ordered 
to lie on the table; as follows:

       On page 2, strike lines 5 through 17, and insert the 
     following:
       (C) by striking paragraph (2); and
       (2) in subsection (b), by striking ``September 30, 2007'' 
     and inserting ``September 30, 2006''.
                                 ______
                                 
  SA 2924. Mr. LEAHY 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:

       At the appropriate place, insert the following:

     SEC. __. HONEST SERVICES ACT OF 2006.

       (a) Short Title.--This section may be cited as the ``Honest 
     Services Act of 2006 ''.
       (b) Honest Services Fraud Involving Members of Congress.--
       (1) In general.--Chapter 63 of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 1351. Honest services fraud involving members of 
       Congress

       ``(a) In General.--Whoever knowingly and willfully 
     executes, or attempts to execute, a scheme or artifice to 
     defraud and deprive the United States, the Congress, or the 
     constituents of a Member of Congress, of the right to the 
     honest services of a Member of Congress by--
       ``(1) offering and providing to a Member of Congress, or an 
     employee of a Member of Congress, anything of value, with the 
     intent to influence the performance an official act; or
       ``(2) being a Member of Congress, or an employee of a 
     Member of Congress, accepting anything of value or holding an 
     undisclosed financial interest, with the intent to be 
     influenced in performing an official act;
     shall be fined under this title or imprisoned not more than 
     20 years, or both.
       ``(b) Definitions.--In this section:
       ``(1) Honest services.--The term `honest services' includes 
     the right to conscientious, loyal, faithful, disinterested, 
     and unbiased service, to be performed free of deceit, undue 
     influence, conflict of interest, self-enrichment, self-
     dealing, concealment, bribery, fraud, and corruption.
       ``(2) Official act.--The term `official act'--
       ``(A) has the meaning given that term in section 201(a)(3) 
     of this title; and
       ``(B) includes supporting and passing legislation, placing 
     a statement in the Congressional Record, participating in a 
     meeting, conducting hearings, or advancing or advocating for 
     an application to obtain a contract with the United States 
     Government.
       ``(3) Undisclosed financial interest.--The term 
     `undisclosed financial interest' includes any financial 
     interest not disclosed as required by statute or by the 
     Standing Rules of the Senate.
       ``(c) No Inference and Scope.--Nothing in this section 
     shall be construed to--
       ``(1) create any inference with respect to whether the 
     conduct described in section 1351 of this title was already a 
     criminal or civil offense prior to the enactment of this 
     section; or
       ``(2) limit the scope of any existing criminal or civil 
     offense.''.
       (2) Chapter analysis.--The chapter analysis for chapter 63 
     of title 18, United States Code is amended by adding at the 
     end, the following:
``1351. Honest services fraud involving Members of Congress.''.

       (c) Authorization for Additional Personnel to Investigate 
     and Prosecute Honest Services Fraud, Bribery, Graft, and 
     Conflicts of Interest Offenses.--There are authorized to be 
     appropriated to the Department of Justice, including the 
     Public Integrity Section of the Criminal Division, and the 
     Federal Bureau of Investigations, $25,000,000 for each of the 
     fiscal years 2007, 2008, 2009, and 2010, to increase the 
     number of personnel to investigate and prosecute violations 
     of section 1351 and sections 201, 203 through 209, 1001, 
     1341, 1343, and 1346 of title 18, United States Code, as 
     amended by this section.
                                 ______
                                 
  SA 2925. 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:

       At the appropriate place, insert the following:

     SEC. __. SPOUSE LOBBYING MEMBERS.

       (a) In General.--Section 207(e) of title 18, United States 
     Code, is amended by adding at the end the following:
       ``(5) Spouses.--Any person who is the spouse of a Member of 
     Congress and who was not serving as a registered lobbyist at 
     least 1 year prior to the election of that Member of Congress 
     to Federal office or at least 1 year prior to his or her 
     marriage to that Member of Congress and who, after the 
     election of such Member, knowingly lobbies on behalf of a 
     client for compensation any Member of Congress or is 
     associated with any such lobbying activity by an employer of 
     that spouse shall be punished as provided in section 216 of 
     this title.''.
       (b) Grandfather Provision.--The amendment made by 
     subsection (a) shall not apply to any spouse of a Member of 
     Congress serving as a registered lobbyist on the date of 
     enactment of this Act.
                                 ______
                                 
  SA 2926. Mr. CRAIG 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:

       At the appropriate place, insert the following:

     SEC. __. RESTORATION TO JUDICIARY OF POWER TO DECIDE 
                   TRADEMARK AND TRADE NAME CASES.

       (a) Findings.--Congress makes the following findings:
       (1) Section 1 of Article III of the Constitution of the 
     United States of America vests ``judicial Power'' exclusively 
     in the courts. Section 2 of Article III states that this 
     ``judicial Power shall extend to all Cases, in Law and 
     Equity, arising under this Constitution, the Laws of the 
     United States, and Treaties...''. In interpreting Article III 
     of the Constitution, the Supreme Court in Muskrat v. United 
     States defined the term ``judicial power'' to mean ``the 
     right to determine actual controversies arising between 
     adverse litigants, duly instituted in courts of proper 
     jurisdiction''.
       (2) In 1996, a holder of a trademark registration issued by 
     the Patent and Trademark Office asserted trademark 
     infringement and other claims in a United States district 
     court against an alleged infringer. The plaintiff's claims 
     for relief were based upon laws and treaties of the United 
     States, including the Trademark Act of 1946 (15 U.S.C. 1051 
     et seq.) and the Inter-American Convention for Trademark and 
     Commercial Protection.
       (3) In October 1998, just prior to commencement of the 
     trial, the alleged infringer procured an amendment to the 
     Department of Commerce and Related Agencies Appropriations 
     Act, 1999 (as contained in section 101(b) of division A of 
     Public Law 105-277; 112 Stat. 2681-88). That amendment is 
     commonly referred to as ``section 211'' and has been of 
     singular benefit to that defendant in the courts.
       (4) Subsections (a)(2) and (b) of section 211 provide that 
     ``No United States court shall recognize, enforce, or 
     otherwise validate any assertion of rights'' of certain 
     trademarks or commercial names of the type at issue in the 
     litigation referred to in paragraph (2). Subsection (a)(1) of 
     section 211 also rescinds the

[[Page 2764]]

     general authority permitting payment of the fees necessary 
     for registration and renewal of such trademarks with the 
     United States Patent and Trademark Office.
       (5) The intended and actual effect of section 211 is to 
     strip United States courts of the authority to decide the 
     ownership and enforceability of such trademarks and trade 
     names, including those at issue in the litigation described 
     in paragraph (2). As a result of section 211, the plaintiff 
     in the litigation was prevented from asserting the 
     plaintiff's infringement claim. By preventing the payment of 
     fees for trademark registration and renewal in the Patent and 
     Trademark Office, section 211 also denies parties the ability 
     to preserve claims of ownership in such trademarks pending 
     judicial determination of enforcement rights.
       (6) Section 211 is not needed for the courts to reach 
     equitable results with respect to the United States trademark 
     and trade name rights of foreign nationals who have suffered 
     from confiscation of their businesses at home. It has been 
     the longstanding practice of the Federal courts to do equity 
     in adjudicating disputes involving such rights.
       (7) Repeal of section 211 is necessary and desirable to 
     restore to the courts the power to determine the ownership 
     and enforceability of all trademarks and trade names and to 
     preserve trademark registrations pending such determinations.
       (b) Purpose.--The purpose of this section is to restore to 
     the judiciary the power to decide all trademark and trade 
     name cases arising under the laws and treaties of the United 
     States, and for other purposes.
       (c) Restoration of Judicial Powers.--
       (1) In general.--Section 211 of the Department of Commerce 
     and Related Agencies Appropriations Act, 1999 (as contained 
     in section 101(b) of division A of Public Law 105-277; 112 
     Stat. 2681-88) is repealed.
       (2) Regulations.--Not later than 30 days after the date of 
     enactment of this Act, the Secretary of the Treasury shall 
     issue such regulations as are necessary to carry out the 
     repeal made by paragraph (1), including removing any 
     prohibition on transactions or payments to which subsection 
     (a)(1) of section 211 of the Department of Commerce and 
     Related Agencies Appropriations Act, 1999 applied.
       (3) Authority of courts.--United States courts shall have 
     the authority to recognize, enforce, or otherwise validate 
     any assertion of rights in any mark or trade name based on 
     common law rights or registration or under subsection (b) or 
     (e) of section 44 of the Trademark Act of 1946 (15 U.S. C. 
     1126 (b) or (e)) or based on any treaty to which the United 
     States is a party.
                                 ______
                                 
  SA 2927. Mr. KERRY 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:

       At the end of the bill, add the following:

                 TITLE III--CONGRESSIONAL ETHICS OFFICE

     SEC. 301. ESTABLISHMENT OF CONGRESSIONAL ETHICS OFFICE.

       (a) Establishment.--There is established in the legislative 
     branch an independent authority to be known as the 
     Congressional Ethics Office, and to be headed by a 
     Congressional Ethics Officer.
       (b) Membership.--
       (1) In general.--The Congressional Ethics Officer shall be 
     appointed in accordance with paragraph (2).
       (2) Appointment.--The majority leader of the Senate, the 
     minority leader of the Senate, the Speaker of the House of 
     Representatives, the minority leader of the House of 
     Representatives, the chairman and ranking member of the 
     Committee on Standards of Official Conduct of the House of 
     Representatives, and the chairman and the ranking member of 
     the Select Committee on Ethics of the Senate shall nominate 
     the Congressional Ethics Officer at the beginning of a 
     Congress. The Congressional Ethics Officer shall be confirmed 
     by both the Senate and the House of Representatives.
       (c) Terms.--
       (1) In general.--The Congressional Ethics Officer shall 
     serve a term of 2 years and may be reappointed for 2 
     additional terms.
       (2) Death or resignation.--In the case of the death or 
     resignation of the Congressional Ethics Officer a successor 
     shall be appointed in the same manner to serve the remaining 
     term of that Congressional Ethics Officer.
       (d) Removal.--The Congressional Ethics Officer may be 
     removed only by resolution of the Senate or the House of 
     Representatives.
       (e) Duties.--It shall be the duty of the Congressional 
     Ethics Officer to--
       (1) receive requests for review of an allegation described 
     in section 302(b);
       (2) make such informal preliminary inquiries in response to 
     such a request as the Congressional Ethics Officer deems to 
     be appropriate;
       (3) if, as a result of those inquiries, the Congressional 
     Ethics Officer determines that a full investigation is not 
     warranted, submit a report pursuant to section 302(f); and
       (4) if, as a result of those inquiries, the Congressional 
     Ethics Officer determines that there is probable cause, the 
     Congressional Ethics Officer--
       (A) may determine a full investigation is warranted and 
     conduct such investigation; and
       (B) shall provide a full report of the investigation which 
     shall be available for public inspection to either the Select 
     Committee on Ethics of the Senate or the Committee on 
     Standards of Official Conduct of the House of 
     Representatives.
       (f) Compensation of Congressional Ethics Officer.--
       (1) In general.--The Congressional Ethics Officer shall be 
     compensated at a rate equal to the daily equivalent of the 
     annual rate of basic pay prescribed for level IV of the 
     Executive Schedule under section 5315 of title 5, United 
     States Code, for each day (including travel time) during 
     which he or she is engaged in the performance of the duties 
     of the Congressional Ethics Officer.
       (2) Travel expenses.--The Congressional Ethics Officer and 
     members of the Congressional Ethics Officer staff shall be 
     allowed travel expenses, including per diem in lieu of 
     subsistence, at rates authorized for employees of agencies 
     under subchapter I of chapter 57 of title 5, United States 
     Code, while away from their homes or regular places of 
     business in the performance of services for the Congressional 
     Ethics Officer.
       (g) Staff.--
     (1) In general.--The Congressional Ethics Officer may, 
     without regard to the civil service laws and regulations, 
     appoint, and terminate an executive director and such other 
     additional personnel as are necessary to enable the 
     Congressional Ethics Officer to perform his or her duties. 
     The staff of the Congressional Ethics Office shall be 
     nonpartisan.
       (2) Staff compensation.--The Congressional Ethics Officer 
     may fix the compensation of the executive director and other 
     personnel without regard to the provisions of chapter 51 and 
     subchapter III of chapter 53 of title 5, United States Code, 
     relating to classification of positions and General Schedule 
     pay rates, except that the rate of pay for the executive 
     director and other personnel may not exceed the rate payable 
     for level V of the Executive Schedule under section 5316 of 
     that title.
       (3) Detailees.--Any Federal Government employee may be 
     detailed to the Congressional Ethics Officer without 
     reimbursement, and such detail shall be without interruption 
     or loss of civil service status or privilege.
       (4) Temporary services.--The Congressional Ethics Officer 
     may procure temporary and intermittent services under section 
     3109(b) of title 5, United States Code, at rates for 
     individuals that do not exceed the daily equivalent of the 
     annual rate of basic pay prescribed for level V of the 
     Executive Schedule under section 5316 of that title.
       (5) Staffing.--Except at a time when additional personnel 
     are needed to assist the Congressional Ethics Officer in his 
     or her review of a particular request for review under 
     section 302, the total number of staff personnel employed by 
     or detailed to the Congressional Ethics Officer under this 
     subsection shall not exceed 50.
       (h) Inapplicability of the Federal Advisory Committee 
     Act.--The Federal Advisory Committee Act (5 U.S.C. App.) 
     shall not apply to the Commission.

     SEC. 302. REVIEW OF ALLEGATIONS OF MISCONDUCT AND VIOLATIONS 
                   OF ETHICS LAWS.

       (a) Definitions.--As used in this section, the term 
     ``officer or employee of Congress'' means--
       (1) an elected officer of the Senate or the House of 
     Representatives who is not a member of the Senate or the 
     House of Representatives;
       (2) an employee of the Senate or the House of 
     Representatives, any committee or subcommittee of the Senate 
     or the House of Representatives, or any member of the Senate 
     or the House of Representatives;
       (3) an employee of the Vice President if such employee's 
     compensation is disbursed by the Secretary of the Senate; and
       (4) an employee of a joint committee of Congress.
       (b) Request for Review.--Any person, including a person who 
     is not an officer or employee of Congress, may present to the 
     Congressional Ethics Officer a request to review and 
     investigate an allegation of--
       (1) improper conduct that may reflect upon the Senate or 
     the House of Representatives;
       (2) a significant violation of law;
       (3) a violation of the Senate Code of Official Conduct 
     (rules XXXIV, XXXV, XXXVII, XXXVIII, XXXIX, XL, XLI, and XLII 
     of the Standing Rules of the Senate) or the ethics rules of 
     the House of Representatives; or
       (4) a significant violation of a rule or regulation of the 
     Senate or the House of Representatives, relating to the 
     conduct of a person in the performance of his or her duties 
     as a member, officer, or employee of the Senate or the House 
     of Representatives.
       (c) Sworn Statement.--
       (1) In general.--A request for review under subsection (b) 
     shall be accompanied by a sworn statement, made under penalty 
     of perjury under the laws of the United States, of facts 
     within the personal knowledge of the person making the 
     statement alleging improper conduct or a violation described 
     in subsection (b).
       (2) False statement.--If the Congressional Ethics Officer 
     determines that any

[[Page 2765]]

     part of a sworn statement presented under paragraph (1) may 
     have been a false statement made knowingly and willfully, the 
     Congressional Ethics Officer may refer the matter to the 
     Attorney General for prosecution.
       (d) Protection From Frivolous Charges.--
       (1) In general.--Any person who--
       (A) knowingly files with the Congressional Ethics Office a 
     false complaint of misconduct on the part of any legislator 
     or any other person shall be subject to a $10,000 fine or the 
     cost of the preliminary review, whichever is greater, and up 
     to 1 year in prison; or
       (B) encourages another person to file a false complaint of 
     misconduct on the part of any legislator or other person 
     shall be subject to a $10,000 fine or the cost of the 
     preliminary review, whichever is greater, and up to 1 year in 
     prison.
       (2) Subsequent complaints.--Any person subject to either of 
     the penalties in paragraph (1) may not file a complaint with 
     the Congressional Ethics Office again.
       (3) Ban on filings prior to election.--The Congressional 
     Ethics Office may not accept charges filed in the--
       (A) 30 days prior to a primary election for which the 
     Member in question is a candidate; and
       (B) 60 days prior to a general election for which the 
     Member in question is a candidate.
       (e) Subpoena.--The Congressional Ethics officer may bring a 
     civil action to enforce a subpoena only when directed to do 
     so by the adoption of a resolution by the Senate or the House 
     of Representatives, as appropriate.
       (f) Referral of Reports to the Select Committee on Ethics 
     of the Senate, the Committee on Standards of Official Conduct 
     of the House of Representatives or the Department of 
     Justice.--
       (1) In general.--If, after making preliminary inquiries, 
     the Congressional Ethics Officer finds probable cause that a 
     violation of the ethics rules has occurred, the Congressional 
     Ethics Officer shall submit to the members of the Senate, 
     members of the House of Representatives, and the Department 
     of Justice a report that--
       (A) states findings of fact made as a result of the 
     inquiries;
       (B) states any conclusions that may be drawn with respect 
     to whether there is substantial credible evidence that 
     improper conduct or a violation of law may have occurred; and
       (C) states its reasons for concluding that further 
     investigation is not warranted.
       (2) No action.--After submission of a report under 
     paragraph (1), no action may be taken in the Senate or the 
     House of Representatives to impose a sanction on a person who 
     was the subject of the Congressional Ethics Officer's 
     inquiries on the basis of any conduct that was alleged in the 
     request for review and sworn statement.

     SEC. 303. ADDITIONAL RESPONSIBILITIES.

       The Congressional Ethics Officer shall--
       (1) periodically report to Congress any changes to the 
     ethics law and regulations governing Congress that the 
     Congressional Ethics Officer determines would improve the 
     investigation and enforcement of such laws and regulations; 
     and
       (2) provide an annual report to Congress on the number of 
     ethics complaints and a description of the ethics 
     investigations undertaken during the prior year.
                                 ______
                                 
  SA 2928. Mr. KERRY 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:

       At the end, add the following:

            TITLE III--CONGRESSIONAL PENSION ACCOUNTABILITY

     SEC. 301. SHORT TITLE.

       This title may be cited as the ``Congressional Pension 
     Accountability Act''.

     SEC. 302. DENIAL OF RETIREMENT BENEFITS.

       (a) In General.--Section 8312(a) of title 5, United States 
     Code, is amended--
       (1) by striking ``or'' at the end of paragraph (1), by 
     striking the period at the end of paragraph (2) and inserting 
     ``; or'', and by inserting after paragraph (2) the following:
       ``(3) was convicted of an offense described in subsection 
     (d), to the extent provided by that subsection.''; and
       (2) by striking ``and'' at the end of subparagraph (A), by 
     striking the period at the end of subparagraph (B) and 
     inserting ``; and'', and by inserting after subparagraph (B) 
     the following:
       ``(C) with respect to the offenses described in subsection 
     (d), to the period after the date of conviction.''.
       (b) Offenses Described.--Section 8312 of such title 5 is 
     amended by redesignating subsection (d) as subsection (e), 
     and by inserting after subsection (c) the following:
       ``(d) The offenses to which subsection (a)(3) applies are 
     the following:
       ``(1) An offense within the purview of--
       ``(A) section 201 of title 18 (bribery of public officials 
     and witnesses); or
       ``(B) section 371 of title 18 (conspiracy to commit offense 
     or to defraud United States), to the extent of any conspiracy 
     to commit an act which constitutes an offense within the 
     purview of such section 201.
       ``(2) Perjury committed under the statutes of the United 
     States or the District of Columbia in falsely denying the 
     commission of any act which constitutes an offense within the 
     purview of a statute named by paragraph (1), but only in the 
     case of the statute named by subparagraph (B) of paragraph 
     (1).
       ``(3) Subornation of perjury committed in connection with 
     the false denial or false testimony of another individual as 
     specified by paragraph (2).
     An offense shall not be considered to be an offense described 
     in this subsection except if or to the extent that it is 
     committed by a Member of Congress (as defined by section 
     2106, including a Delegate to Congress).''.
       (c) Absence From United States to Avoid Prosecution.--
     Section 8313(a)(1) of such title 5 is amended by striking 
     ``or'' at the end of subparagraph (A), by striking ``and'' at 
     the end of subparagraph (B) and inserting ``or'', and by 
     adding at the end the following:
       ``(C) for an offense described under subsection (d) of 
     section 8312; and''.
       (d) Nonaccrual of Interest on Refunds.--Section 8316(b) of 
     such title 5 is amended by striking ``or'' at the end of 
     paragraph (1), by striking the period at the end of paragraph 
     (2) and inserting ``; or'', and by adding at the end the 
     following:
       ``(3) if the individual was convicted of an offense 
     described in section 8312(d), for the period after the 
     conviction.''.

     SEC. 303. CONSTITUTIONAL AUTHORITY.

       The Constitutional authority for this title is the power of 
     Congress to make all laws which shall be necessary and proper 
     as enumerated in Article I, Section 8 of the United States 
     Constitution, and the power to ascertain compensation for 
     Congressional service under Article I, Section 6 of the 
     United States Constitution.
                                 ______
                                 
  SA 2929. Mr. OBAMA (for himself 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:

       At the end of title I, add the following:

     SEC. 114. PROHIBITING ADVOCATING FOR EARMARK IN WHICH THERE 
                   EXISTS A FINANCIAL INTEREST.

       Rule XXXVII of the Standing Rules of the Senate is amended 
     by adding at the end the following:
       ``13. No Member of the Senate may advocate to include an 
     earmark 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 statement of 
     managers thereto) if the Member has a financial interest in 
     such earmark.''.
                                 ______
                                 
  SA 2930. Mr. OBAMA (for himself 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 5, line 21, after ``hours'' insert ``or 1 business 
     day, whichever is longer,''.
       On page 6, line 7, after ``hours'' insert ``or 1 business 
     day, whichever is longer,''.
                                 ______
                                 
  SA 2931. Mr. OBAMA (for himself 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:

       At the end of title I, add the following:

     SEC. 114. BUYING VOTES.

       Rule XXXVII of the Standing Rules of the Senate is amended 
     by adding at the end the following:
       ``13. No Member of the Senate shall condition the inclusion 
     of language to provide funding for an earmark in any bill or 
     joint resolution (or an accompanying report thereof) or in 
     any conference report on a bill or joint resolution 
     (including an accompanying joint statement of managers 
     thereto) on any vote cast by the Member of the Senate in 
     whose State the project will be carried out.''.
                                 ______
                                 
  SA 2932. Mr. REID proposed an amendment to the bill S. 2349, to 
provide greater transparency in the legislative process; as follows:

       Add at the end of the bill add the following:

           TITLE III--ADDITIONAL TRANSPARENCY AND ENFORCEMENT

     SEC. 301. DISCLOSURE BY MEMBERS OF CONGRESS AND SENIOR 
                   CONGRESSIONAL STAFF OF EMPLOYMENT NEGOTIATIONS.

       (a) Senate.--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 negotiate or 
     have any arrangement concerning prospective private 
     employment if a conflict of interest or the appearance of a 
     conflict of interest exists.
       ``(b)(1) An employee of the Senate earning in excess of 75 
     percent of the salary paid to a Senator shall notify the 
     Committee on

[[Page 2766]]

     Ethics that he or she is negotiating or has any arrangement 
     concerning prospective private employment if a conflict of 
     interest or the appearance of a conflict of interest may 
     exist.
       ``(2) The disclosure and notification under this 
     subparagraph shall be made within 3 business days after the 
     commencement of such negotiation or arrangement.
       ``(3) An employee to whom this subparagraph applies shall 
     recuse himself or herself from any matter in which there is a 
     conflict of interest for that Member or employee under this 
     rule and notify the Select Committee on Ethics of such 
     recusal.
       ``(c)(1) The Select Committee on Ethics shall develop 
     guidelines concerning conduct which is covered by this 
     paragraph.
       ``(2) The Select Committee on Ethics shall maintain a 
     current public record of all notifications received under 
     subparagraph (a) and of all recusals under subparagraph 
     (c).''.
       (b) Application.--This section shall apply in lieu of 
     section 109 of this Act.

     SEC. 302. ETHICS REVIEW OF EMPLOYMENT NEGOTIATIONS BY 
                   EXECUTIVE BRANCH OFFICIALS.

       Section 208 of title 18, United States Code, is amended--
       (1) in subsection (b)(1)--
       (A) by inserting after ``the Government official 
     responsible for appointment to his or her position'' the 
     following: ``and the Office of Government Ethics''; and
       (B) by striking ``a written determination made by such 
     official'' and inserting ``a written determination made by 
     the Office of Government Ethics, after consultation with such 
     official,''; and
       (2) in subsection (b)(3), by striking ``the official 
     responsible for the employee's appointment, after review of'' 
     and inserting ``the Office of Government Ethics, after 
     consultation with the official responsible for the employee's 
     appointment and after review of''; and
       (3) in subsection (d)(1)--
       (A) by striking ``Upon request'' and all that follows 
     through ``Ethics in Government Act of 1978.'' and inserting 
     ``In each case in which the Office of Government Ethics makes 
     a determination granting an exemption under subsection (b)(1) 
     or (b)(3) to a person, the Office shall, not later than 3 
     business days after making such determination, make available 
     to the public pursuant to the procedures set forth in section 
     105 of the Ethics in Government Act of 1978, and publish in 
     the Federal Register, such determination and the materials 
     submitted by such person in requesting such exemption.''; and
       (B) by striking ``the agency may withhold'' and inserting 
     ``the Office of Government Ethics may withhold''.

     SEC. 303. 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.''.

     SEC. 304. BAN ON GIFTS FROM LOBBYISTS.

       (a) In General.--Paragraph 1(a)(2) of rule XXXV of the 
     Standing Rules of the Senate is amended by adding at the end 
     the following: ``This clause shall not apply to a gift from a 
     lobbyist.''.
       (b) Rules Committee Review.--The Committee on Rules and 
     Administration shall review the present exceptions to the 
     Senate gift rule and make recommendations to the Senate not 
     later than 3 months after the date of enactment of this Act 
     on eliminating all but those which are absolutely necessary 
     to effectuate the purpose of the rule.
       (c) Application.--This section shall apply in lieu of 
     section 106 of this Act.

     SEC. 305. PROHIBITION ON PRIVATELY FUNDED TRAVEL.

       Paragraph 2(a)(1) of rule XXXV of the Standing Rules of the 
     Senate is amended by striking ``an individual'' and inserting 
     ``an organization recognized under section 501(c)(3) of the 
     Internal Revenue Code of 1986 that is not affiliated with any 
     group that lobbies before Congress''.

     SEC. 306. PROHIBITING LOBBYIST ORGANIZATION AND PARTICIPATION 
                   IN CONGRESSIONAL TRAVEL.

       (a) In General.--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 may not accept 
     transportation or lodging on any trip sponsored by an 
     organization recognized under section 501(c)(3) of the 
     Internal Revenue Code of 1986 covered by this paragraph that 
     is planned, organized, requested, arranged, or financed in 
     whole, or in part by a lobbyist or foreign agent, or in which 
     a lobbyist participates.
       ``(h) Before a Member, officer, or employee may accept 
     transportation or lodging otherwise permissible under this 
     paragraph from any person, such Member, officer, or employee 
     shall obtain a written certification from such person (and 
     provide a copy of such certification to the Select Committee 
     on Ethics) that--
       ``(1) the trip was not planned, organized, requested, 
     arranged, or financed in whole, or in part by a registered 
     lobbyist or foreign agent and was not organized at the 
     request of a registered lobbyist or foreign agent;
       ``(2) registered lobbyists will not participate in or 
     attend the trip; and
       ``(3) the person did not accept, from any source, funds 
     specifically earmarked for the purpose of financing the 
     travel expenses.
     The Select Committee on Ethics shall make public information 
     received under this subparagraph as soon as possible after it 
     is received.''.
       (b) Conforming Amendments.--Paragraph 2(c) of rule XXXV of 
     the Standing Rules of the Senate is amended--
       (1) by striking ``of expenses reimbursed or to be 
     reimbursed'';
       (2) in clause (5), by striking ``and'' after the semicolon;
       (3) in clause (6), by striking the period and inserting ``; 
     and''; and
       (4) by adding at the end the following:
       ``(7) a description of meetings and events attended during 
     such travel, except when disclosure of such information is 
     deemed by the Member or supervisor under whose direct 
     supervision the employee works to jeopardize the safety of an 
     individual or otherwise interfere with the official duties of 
     the Member, officer, or employee.''.
       (c) Public Availability.--Paragraph 2(e) of rule XXXV is 
     amended to read as follows:
       ``(e) The Secretary of the Senate shall make available to 
     the public all advance authorizations, certifications, and 
     disclosures filed pursuant to subparagraphs (a) and (h) as 
     soon as possible after they are received.''.
       (d) Application.--The provisions of this section shall 
     apply in addition to the requirements of section 107(a).

     SEC. 307. ADDITIONAL LOBBYING DISCLOSURE REQUIREMENTS.

       (a) In General.--Section 5(b) of the Lobbying Disclosure 
     Act of 1995 (2 U.S.C. 1604(b)) is amended by adding at the 
     end the following:
       ``(8) a certification that the lobbying firm or registrant 
     has not provided, requested, or directed a gift, including 
     travel, to a Member or employee of Congress in violation of 
     rule XXXV of the Standing Rules of the Senate.''.
       (b) Conforming Amendment.--The requirements of this Act 
     shall not apply to the activities of any political committee 
     described in section 301(4) of the Federal Election Campaign 
     Act of 1971.

     SEC. 308. PENALTY FOR FALSE CERTIFICATION IN CONNECTION WITH 
                   CONGRESSIONAL TRAVEL.

       (a) Civil Fine.--
       (1) In general.--Whoever makes a false certification in 
     connection with the travel of a Member, officer, or employee 
     of either House of Congress (within the meaning given those 
     terms in section 207 of title 18, United States Code), under 
     paragraph 2(h) of rule XXXV of the Standing Rules of the 
     Senate, shall, upon proof of such offense by a preponderance 
     of the evidence, be subject to a civil fine depending on the 
     extent and gravity of the violation.
       (2) Maximum fine.--The maximum fine per offense under this 
     section depends on the number of separate trips in connection 
     with which the person committed an offense under this 
     subsection, as follows:
       (A) First trip.--For each offense committed in connection 
     with the first such trip, the amount of the fine shall be not 
     more than $100,000 per offense.
       (B) Second trip.--For each offense committed in connection 
     with the second such trip, the amount of the fine shall be 
     not more than $300,000 per offense.
       (C) Any other trips.--For each offense committed in 
     connection with any such trip after the second, the amount of 
     the fine shall be not more than $500,000 per offense.
       (3) Enforcement.--The Attorney General may bring an action 
     in United States district court to enforce this subsection.
       (b) Criminal Penalty.--
       (1) In general.--Whoever knowingly and wilfully fails to 
     comply with any provision of this section shall be imprisoned 
     for not more than 5 years, or fined under title 18, United 
     States Code, or both.
       (2) Corruptly.--Whoever knowingly, wilfully, and corruptly 
     fails to comply with

[[Page 2767]]

     any provision of this section shall be imprisoned for not 
     more than 10 years, or fined under title 18, United States 
     Code, or both.

     SEC. 309. INCREASED CRIMINAL PENALTIES FOR FAILURE TO COMPLY 
                   WITH LOBBYING DISCLOSURE REQUIREMENTS.

       Section 7 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 
     1606) is amended--
       (1) by inserting ``(a) Civil Penalty.--'' before 
     ``Whoever''; and
       (2) by adding at the end the following:
       ``(b) Criminal Penalty.--
       ``(1) In general.--Whoever knowingly and willfully fails to 
     comply with any provision of this section shall be imprisoned 
     for not more than 5 years, or fined under title 18, United 
     States Code, or both.
       ``(2) Corruptly.--Whoever knowingly, willfully, and 
     corruptly fails to comply with any provision of this section 
     shall be imprisoned for not more than 10 years, or fined 
     under title 18, United States Code, or both.''.

     SEC. 310. SENSE OF THE SENATE ON CONFERENCE COMMITTEE 
                   PROTOCOLS.

       It is the sense of Senate that--
       (1) conference committees should hold regular, formal 
     meetings of all conferees that are open to the public;
       (2) all conferees should be given adequate notice of the 
     time and place of all such meetings;
       (3) all conferees should be afforded an opportunity to 
     participate in full and complete debates of the matters that 
     such conference committees may recommend to their respective 
     Houses;
       (4) all matters before a conference committee should be 
     resolved in conference by votes on the public record; and
       (5) existing rules should be enforced and new rules adopted 
     in the Senate to shine the light on special interest 
     legislation that is enacted in the dead of night.

     SEC. 311. ACTUAL VOTING REQUIRED IN CONFERENCE COMMITTEE 
                   MEETINGS.

       Rule XXVIII of the Standing Rules of the Senate is amended 
     by adding at the end the following:
       ``8. Each Senate member of a conference committee shall be 
     afforded an opportunity at an open meeting of the conference 
     to vote on the full text of the proposed report of the 
     conference.''.

                          ____________________