[Congressional Record (Bound Edition), Volume 153 (2007), Part 2]
[Senate]
[Pages 1783-1784]
[From the U.S. Government Publishing Office, www.gpo.gov]




       AMENDMENT NO. 51, AS MODIFIED TO AMENDMENT NO. 3, TO S. 1

  Mr. REID. Mr. President, I ask unanimous consent that amendment No. 
51, previously agreed to, to the bill S. 1 be modified with the 
technical modification which is at the desk. This is strictly a 
technical modification to allow for the proper placement of the 
amendment in the bill.
  The ACTING PRESIDENT pro tempore. Is there objection?
  Without objection, it is so ordered.
  The amendment (No. 51), as modified, is as follows:

    (Purpose: To prohibit Members from requesting earmarks that may 
  financially benefit that Member or immediate family member of that 
                    Member, and for other purposes)

       At the appropriate place, 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

[[Page 1784]]

     in a manner that benefits 10 or fewer entities.''.

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