[Congressional Record (Bound Edition), Volume 153 (2007), Part 1]
[Senate]
[Pages 1056-1057]
[From the U.S. Government Publishing Office, www.gpo.gov]




   LEGISLATIVE TRANSPARENCY AND ACCOUNTABILITY ACT OF 2007--Continued

  Mr. REID. Mr. President, I ask unanimous consent that on Tuesday, 
January 16, at 5:30 p.m., the Senate proceed to a vote on or in 
relation to the Durbin amendment No. 44, to be followed by a vote on or 
in relation to the DeMint amendment No. 11, as amended, if amended, and 
then without further intervening action or debate, the Senate proceed 
to a vote on the motion to invoke cloture on amendment No. 14; that if 
the Durbin amendment is not modified to Senator DeMint's satisfaction, 
then the agreement with respect to a vote with respect to the two 
amendments be vitiated.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. REID. Mr. President, I would like to spread on the record the 
fact that we have had long conversations with Senator DeMint and 
Senator Durbin. I have spoken personally with Senator DeMint on several 
occasions. We appreciate his cooperation. I believe what we have done 
here preserves what he wanted to do and more. So this should make 
everyone happy on Tuesday. We hope this will be an overwhelmingly 
positive vote.
  I also note that staff, during this evening and during Tuesday, is 
also going to continue to work on other matters to see if there are 
other items on which we can vote.


                            Amendment No. 4

  Mr. REID. Mr. President, I ask unanimous consent that my amendment 
No. 4 be the pending business.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                             Cloture Motion

  Mr. REID. Mr. President, I send a cloture motion to the desk with 
respect to this amendment.
  The PRESIDING OFFICER. The cloture motion having been presented under 
rule XXII, the Chair directs the clerk to read the motion.
  The legislative clerk read as follows:

                             Cloture Motion

       We, the undersigned Senators, in accordance with the 
     provisions of rule XXII of the Standing Rules of the Senate, 
     do hereby move to bring to a close debate on the Reid 
     amendment No. 4 to Calendar No. 1, S. 1 Transparency in the 
     Legislative Process.
         Harry Reid, Dianne Feinstein, Joseph Lieberman, Tom 
           Carper, Ken Salazar, Robert Menendez, Patty Murray, Jon 
           Tester, Jack Reed, Joe Biden, Debbie Stabenow, Daniel 
           K. Akaka, Barbara Mikulski, Benjamin L. Cardin, Dick 
           Durbin, Ted Kennedy.


                             Cloture Motion

  Mr. REID. Mr. President, I now send to the desk a cloture motion on 
the substitute amendment, amendment No. 3.
  The PRESIDING OFFICER. The cloture motion having been presented under 
rule XXII, the Chair directs the clerk to read the motion.
  The legislative clerk read as follows:

                             Cloture Motion

       We, the undersigned Senators, in accordance with the 
     provisions of rule XXII of the Standing Rules of the Senate, 
     do hereby move to bring to a close the debate on the Reid 
     substitute amendment No. 3 to Calendar No. 1, S. 1 
     Transparency in the Legislative Process.
         Harry Reid, Dianne Feinstein, Joseph Lieberman, Tom 
           Carper, Ken Salazar, Robert Menendez, Patty Murray, Jon 
           Tester, Jack Reed, Joe Biden, Debbie Stabenow, Daniel 
           K. Akaka, Barbara Mikulski, Benjamin L. Cardin, Dick 
           Durbin, Ted Kennedy.


                             Cloture Motion

  Mr. REID. Mr. President, finally, I send to the desk a cloture motion 
on the bill.
  The PRESIDING OFFICER. The cloture motion having been presented under 
rule XXII, the Chair directs the clerk to read the motion.
  The legislative clerk read as follows:

                             Cloture Motion

       We, the undersigned Senators, in accordance with the 
     provisions of rule XXII of the Standing Rules of the Senate, 
     do hereby move to bring to a close the debate on S. 1 
     Transparency in the Legislative Process, as amended.
         Harry Reid, Dianne Feinstein, Joseph Lieberman, Tom 
           Carper, Ken Salazar, Robert Menendez, Patty Murray, Jon 
           Tester, Jack Reed, Joe Biden, Debbie Stabenow, Daniel 
           K. Akaka, Benjamin L. Cardin, Dick Durbin, Ted Kennedy, 
           Evan Bayh.

  Mr. REID. Mr. President, I ask unanimous consent that the live quorum 
with respect to each cloture motion be waived and that Monday, January 
15, count as the intervening day with respect to the cloture motion on 
amendment No. 4.
  The PRESIDING OFFICER. Without objection, it is so ordered.


       Amendments Nos. 54, 43, and 56 to Amendment No. 3, en bloc

  Mr. REID. Mr. President, I ask unanimous consent that the pending 
amendment be set aside, and I ask that it be in order to call up 
amendments on behalf of other Senators en bloc, and that after 
reporting they be laid aside:
  Amendment No. 54 to amendment No. 3 for Senator Feingold; amendment 
No. 43 to amendment No. 3 for Senator Lieberman; and amendment No. 56 
to amendment No. 3 for Mr. Casey.
  The PRESIDING OFFICER. Without objection, it is so ordered. The clerk 
will report.
  The legislative clerk read as follows:

       The Senator from Nevada [Mr. Reid], for Mr. Feingold, 
     proposes an amendment numbered 54.
       The Senator from Nevada [Mr. Reid], for Mr. Lieberman, 
     proposes an amendment numbered 43.
       The Senator from Nevada [Mr. Reid], for Mr. Casey, proposes 
     an amendment numbered 56.

  The amendments are as follows:


                            AMENDMENT NO. 54

  (Purpose: To prohibit lobbyists and entities that retain or employ 
   lobbyists from throwing lavish parties honoring Members at party 
                              conventions)

       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.''.


                            AMENDMENT NO. 43

   (Purpose: To require disclosure of earmark lobbying by lobbyists)

       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--

[[Page 1057]]

       ``(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;''.


                            amendment no. 56

(Purpose: To eliminate the K Street Project by prohibiting the wrongful 
influencing of a private entity's employment decisions or practices in 
                exchange for political access or favors)

       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.''.

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