March 17, 1977
Page 7962
AMENDMENTS NOS. 93, 94, AND 95
Mr. MUSKIE submitted three amendments intended to be proposed by him to amendment No. 65 to Senate Resolution 110, supra.
AMENDMENT No. 93
On page 24, beginning with line 13, strike out all through line 24 on page 26, and insert the following:
"RULE XLIV
"OUTSIDE INCOME
"1. During the period of service in a calendar year of a Senator, or of an officer or employee of the Senate compensated at a rate exceeding $35,000 a year and employed for more than ninety days in a calendar year (unless hired on a per diem basis), the aggregate amount of the outside income of such individual for such period shall not exceed 15 per centum of—
"(a) the aggregate amount of the salary of such an officer or employee disbursed by the Secretary of the Senate during such period; and
" (b) in the case of a Senator, the aggregate amount of base salary paid to Senators and disbursed by the Secretary of the Senate for that period.
"2. For the purposes of this rule, the term 'outside income' means all income (within the meaning of section 61 of the Internal Revenue Code of 1954), other than amounts disbursed by the Secretary of the Senate, reduced by the expenses incurred in the production of such income which are deductible for Federal income tax purposes. Such term includes, but is not limited to (1) income received as a result of personal services actually rendered; (2) income from family enterprises; (3) gains derived from dealings in property or investments; (4) interest; (5) rents; (6) dividends; (7) annuities; (8) income from discharge of indebtedness; (9) distributive shares of partnership income; (10) income from an interest in an estate or trust; and (11) any 'buyout' arrangement from professional partnerships or businesses.
"3. Notwithstanding the limitations of paragraph 1, a Senator, officer, or employee may receive income in excess of the amount allowed by such paragraph if that excess income is—
"(a) necessary to pay Federal, State, or local income taxes; .
"(b) received and expended for the purpose of influencing his nomination for election to, or his election to, public office; or
"(c) necessary to meet expenses forced upon him by extraordinary personal circumstances.
"RULE XLV
"ESTABLISHMENT OF TRUSTS
"1. A Senator, and an officer or employee of the Senate compensated at a rate exceeding $35,000 a year and employed for more than ninety days in a calendar year (unless hired on a per diem basis) —
"(a) who owns and controls property (other than a savings account) which is the source of income shall establish one or more trusts and transfer such property to one of such trusts; and
"(b) who receives income from any property which he does not own and control (including a trust of which he is not the grantor) shall establish a trust and transfer such income to such trust, or shall transfer such income to a trust established for purposes of subparagraph (a).
"2. If a Senator, officer or employee receives income in excess of the amount which may be retained under rule XLIV, he shall establish a trust and transfer such income to such trust, or shall transfer such income to a trust established for purposes of paragraph 1.
"3. For purposes of this rule, the term—
"(a) 'trust' means a trust (1) in which the management, investment and reinvestment of property constituting the corpus, and of the income therefrom, is solely at the discretion and under the control of the trustee, and (2) no distributions of income from which may be made to the grantor or any beneficiary except to the extent authorized under rule XLIV;
(b) 'savings account' means an account in a financial institution upon which interest (as such term is used for Federal income tax purposes) is paid or credited, and, if an individual makes any withdrawal from a savings account during such year to the extent that the amount of such withdrawal does not exceed the amount of such interest;
"(c) `dependent' has the meaning set forth in section 152 of the Internal Revenue Code of 1954; and
"(d) an individual shall be considered owning and controlling any property or interest therein (including a savings account) —
"(1) (1) which he owns jointly with his spouse or a dependent; or
"(2) which is owned and controlled by his spouse or a dependent, but only to the extent that such property (or the amount in a savings account) was acquired from such individual by gift or was acquired, directly or indirectly, with funds or other property provided by such individual.
"4. An individual to whom paragraph 1 applies shall comply with the provisions of such paragraph within 90 days after the date on which such provisions first apply to such individual."
Renumber proposed rules XLV through L(and cross references thereto) as XL through LI, respectively.
On page 54, line 17, before "shall" insert "and rule XLV of the Standing Rules of theSenate (as so amended), relating to Establishment of Trusts,".
AMENDMENT No. 94
On page 24, beginning with line 13, strike out all through line 24 on page 26, and in
sert the following.:
"RULE XLIV
"OUTSIDE INCOME
"1. During the period of service in a calendar year of a Senator, or of an officer or employee of the Senate compensated at ,s rate exceeding $35,000 a year and employed for more than ninety days in a calendar year(unless hired on a per diem basis), the aggregate amount of the outside income of such individual for such period shall not exceed 15 per centum of—
"(a) the aggregate amount of the salary of such an officer or employee disbursed by the Secretary of the Senate during such period; and
"(b) in the case of a Senator, the aggregate amount of base salary paid to Senators and disbursed by the Secretary of the Senate for that period.
"2. For the purposes of this rule, the term 'outside income' means all income within the meaning of paragraph 3 below, other than amounts disbursed by the Secretary of the Senate, reduced by the expense incurred in the production of such income which are deductible for Federal income tax purposes.
"3. 'Outside income' shall be limited to (1) income received as a result of personal services actually rendered; (2) income from family enterprises; (3) gains derived from dealings in property or investments; (4) interest; (5) rents; (6) dividends; (7) mineral and patent royalties; (8) annuities; (9) income from discharge of indebtedness; (10) distributive shares of partnership income; (11) income from an interest in an estate or trust; (12) any `buyout' arrangement from
professional partnerships or businesses; (13) income from the exercise of stock options; (14) and income from life insurance and endowment contracts.
"4. Notwithstanding the limitations of paragraph 1, a Senator, officer, or employee may receive income in excess of the amount allowed by such paragraph if that excess income is—
"(a) necessary to pay Federal, State, or local income taxes;
"(b) received and expended for the purpose of influencing his nomination for election to, or his election to, public office; or
"(c) necessary to meet expenses forced upon him by extraordinary personal circumstances.
"ESTABLISHMENT OF TRUSTS
"1. A Senator, and an officer or employee of the Senate compensated at a rate exceeding $35,000 a year and employed for more than ninety days in a calendar year (unless hired on a per diem basis)—
"(a) who owns and controls property (other than a. savings account) which is the source of outside income shall establish one or more trusts and transfer such property toone of such trusts; and (b) who receives income from any property which he does not own and control (including a trust of which he is not the grantor) shall establish a trust and transfer such income to such trust, or shall transfer such income to a trust established for purposes of subparagraph (a).
"2. If a Senator, officer or employee receives outside income in excess of the amount which may be retained under rule XLIV, he shall establish a trust and transfer such income to such trust, or shall transfer such income to a trust established for purposes of paragraph 1.
"3. For purposes of this rule, the term—
"(a) 'trust' means a trust (1) in which the management, investment and reinvestment of property constituting the corpus, and of the income therefrom, is solely at the discretion and under the control of the trustee, and (2) no distributions of income from which may be made to the grantor or any beneficiary except to the extent authorized under rule XLIV:
"(b) 'savings account' means an account in a financial institution upon which interest (as such term is used for Federal income tax purposes) is paid or credited, and, if an individual makes any withdrawal from a savings account during such year to the extent that the amount of such withdrawal does not exceed the amount of such interest;
"(c) 'dependent' has the meaning set forth in section 152 of the Internal Revenue Code of 1954; and
"(d) an individual shall be considered as owning and controlling any property or interest therein (including a savings account) —
"(1) Which he owns jointly with his spouse or a dependent; or
"(2) which is owned and controlled by his spouse or a dependent, but only to the extent that such property (or the amount in a savings account) was acquired from such individual by gift or was acquired, directly or indirectly, with funds or other property provided by such individual.
"4. An individual to whom paragraph 1 applies shall comply with the provisions of such paragraph within 90 days after the date on which such provisions first apply to such individual."
Renumber proposed rules XLV through L (and cross references thereto) as XLVI through LI, respectively. On page 54, line 16, strike out "Earned".
On page 54, line 17, before "shall" insert "and rule XLV of the Standing Rules of the Senate (as so amended), relating to Establishment of Trusts,".
AMENDMENT No. 95
On page 24, beginning with line 13, strike out all through line 24 on page 26, and insert the following:
"RULE XLIV
"OUTSIDE INCOME
"1. During the period of service in a calendar year of a Senator, or of an officer or employee of the Senate compensated at a rate exceeding $35,000 a year and employed for more than ninety days in a calendar year (unless hired on a per diem basis), the aggregate amount of the outside income of such individual for such period shall not exceed 15 per centum of—
"(a) the aggregate amount of the salary of such an officer or employee disbursed by the Secretary of the Senate during such period; and
"(b) in the case of a Senator, the aggregate amount of base salary paid to Senators and disbursed by the Secretary of the Senate for that period.
"2. For the purposes of this rule, the term `outside income' means all income (within the meaning of section 61 of the Internal Revenue Code of 1954), other than amounts disbursed by the Secretary of the Senate, reduced by the expenses incurred in the production of such income which are deductible for Federal income tax purposes. Such term is limited to (1) income received as a result of personal services actually rendered; (2) income from family enterprises; (3) gains derived from dealings in property or investments; (4) interests; (5) rents; (6) dividends; (7) annuities; (8) income from discharge of indebtedness; (9) distributive shares of partnership income; (10) income from an interest in an estate or trust; and (11) any 'buyout' arrangement from professional partnerships or businesses.
"3. The term 'outside income' shall not include (1) disability benefits; (2) veterans' benefits; (3) income from pension plans or qualified deferred compensation plans; (4) income from service in the military reserve; (5) royalties from books; and (6) proceeds from the sale of creative or artistic work.
"4. Notwithstanding the limitations of paragraph 1, a Senator, officer, or employee may receive income in excess of the amount allowed by such paragraph if that excess in any beneficiary except to the extent authorized under rule XLIV;
" (b) 'savings account' means an account in a financial institution upon which interest (as such term is used for Federal income tax purposes) is paid or credited, and, if an individual makes any withdrawal from a savings account during such year to the extent that the amount of such withdrawal does not exceed the amount of such interest;
"(c) 'dependent' has the meaning set forth in section 152 of the Internal Revenue Code of 1964; and
"(d) an individual shall be considered as owning and controlling any property or interest therein (including a savings account) —
"(1) which he owns jointly with his spouse or a dependent; or
"(b) 'savings account' means an account in a financial institution upon which interest (as such term is used for Federal income tax purposes) is paid or credited, and, if an individual makes any withdrawal from a savings account during such year to the extent that the amount of such withdrawal does not exceed the amount of such interest;
"(c) `dependent' has the meaning set forth in section 152 of the Internal Revenue Code of 1964; and
"(d) an individual shall be considered as owning and controlling any property or interest therein (including a savings account) —
"(1) which he owns jointly with his spouse or a dependent; or
"(2) which is owned and controlled by his spouse or a dependent, but only to the extent that such property (or the amount in a savings account) was acquired from such individual by gift or was acquired, directly or indirectly, with funds or other property provided by such individual.
"4. An individual to whom paragraph 1 applies shall comply with the provisions of such paragraph within 90 days after the dateon which such provisions first apply to such individual."
Renumber proposed rules XLV through L (and cross references thereto) as XLVI through LI, respectively.
On page 54, line 16, strike out "Earned".
On page 54, line 17, before "shall" Insert "and rule XLV of the Standing Rules of the Senate (as so amended), relating to Establishment of Trusts,".
AMENDMENT NO. 98
(Ordered to be printed and to lie on the table.)
Mr. MUSKIE submitted an amendment intended to be proposed by him to amendment No. 65 to Senate Resolution 110, supra.
AMENDMENT No. 98
After line 12 of page 21, add the following:
"8. Each Senator will submit for public disclosure following each quarter of the calendar year a report on the average number of hours per week in session spent by him engaged in the following official duties: (a) preparation for and attendance at floor activities; (b) preparation for and attendance at committee meetings; (c) conferences with staff; (d) general legislative research and drafting; (e) meetings with and other activities on behalf of constituents or other private citizens; (f) meetings with and other activities involving other Federal, State and local government officials; (g) travel to and from and within home State; and (h) participation in conferences and other public events concerning public issues."