[Congressional Record (Bound Edition), Volume 153 (2007), Part 1]
[Senate]
[Pages 1057-1058]
[From the U.S. Government Publishing Office, www.gpo.gov]




                     AMENDMENT NO. 44, AS MODIFIED

  Mr. WEBB. Mr. President, I ask unanimous consent that the Durbin 
amendment numbered 44 be modified with the changes at the desk.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment will be so modified.
  The amendment (No. 44), as modified, is 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 in a searchable format 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 in a searchable format 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 in a searchable format 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 purposes 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 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 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;

[[Page 1058]]

       ``(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.''.

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