[Congressional Record (Bound Edition), Volume 153 (2007), Part 1]
[Senate]
[Pages 1076-1082]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           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

[[Page 1077]]

     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 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 46. 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

[[Page 1078]]

     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, 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--

[[Page 1079]]

       (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 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

[[Page 1080]]

       ``(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.
       ``(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;

[[Page 1081]]

       ``(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
       ``(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

[[Page 1082]]

     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).

                          ____________________