[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2349 Placed on Calendar Senate (PCS)]







                                                       Calendar No. 367
109th CONGRESS
  2d Session
                                S. 2349

      To provide greater transparency in the legislative process.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 1, 2006

 Mr. Lott from the Committee on Rules and Administration reported the 
    following original bill; which was read twice and placed on the 
                                calendar

_______________________________________________________________________

                                 A BILL


 
      To provide greater transparency in the legislative process.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Legislative Transparency and 
Accountability Act of 2006''.

SEC. 2. OUT OF SCOPE MATTERS IN CONFERENCE REPORTS.

    (a) In General.--A point of order may be made by any Senator 
against consideration of a conference report that includes any matter 
not committed to the conferees by either House. The point of order 
shall be made and voted on separately for each item in violation of 
this section.
    (b) Disposition.--If the point of order against a conference report 
under subsection (a) is sustained, then--
            (1) the matter in such conference report shall be deemed to 
        have been struck;
            (2) when all other points of order under this section have 
        been disposed of--
                    (A) the Senate shall proceed to consider the 
                question of whether the Senate should recede from its 
                amendment to the House bill, or its disagreement to the 
                amendment of the House, and concur with a further 
                amendment, which further amendment shall consist of 
                only that portion of the conference report not deemed 
                to have been struck;
                    (B) the question shall be debatable; and
                    (C) no further amendment shall be in order; and
            (3) if the Senate agrees to the amendment, then the bill 
        and the Senate amendment thereto shall be returned to the House 
        for its concurrence in the amendment of the Senate.
    (c) Supermajority Waiver and Appeal.--This section may be waived or 
suspended in the Senate only by an affirmative vote of \3/5\ of the 
Members, duly chosen and sworn. An affirmative vote of \3/5\ of the 
Members of the Senate, duly chosen and sworn, shall be required in the 
Senate to sustain an appeal of the ruling of the Chair on a point of 
order raised under this section.

SEC. 3. EARMARKS.

    The Standing Rules of the Senate are amended by adding at the end 
the following:

                              ``rule xliv
                               ``earmarks

    ``1. In this rule--
            ``(1) the term `earmark' means a provision that specifies 
        the identity of a non-Federal entity to receive assistance and 
        the amount of the assistance; and
            ``(2) the term `assistance' means budget authority, 
        contract authority, loan authority, and other expenditures, and 
        tax expenditures or other revenue items.
    ``2. It shall not be in order to consider any Senate bill or Senate 
amendment or conference report on any bill, including an appropriations 
bill, a revenue bill, and an authorizing bill, unless a list of--
            ``(1) all earmarks in such measure;
            ``(2) an identification of the Member or Members who 
        proposed the earmark; and
            ``(3) an explanation of the essential governmental purpose 
        for the earmark;
is available along with any joint statement of managers associated with 
the measure to all Members and made available on the Internet to the 
general public for at least 24 hours before its consideration.''.

SEC. 4. AVAILABILITY OF CONFERENCE REPORTS ON THE INTERNET.

    (a) In General.--
            (1) Amendment.--Rule XXVIII of all the Standing Rules of 
        the Senate is amended by adding at the end the following:
    ``7. It shall not be in order to consider a conference report 
unless such report is available to all Members and made available to 
the general public by means of the Internet for at least 24 hours 
before its consideration.''.
            (2) Effective date.--This subsection shall take effect 60 
        days after the date of enactment of this Act.
    (b) Implementation.--Not later than 60 days after the date of 
enactment of this Act, the Secretary of the Senate, in consultation 
with the Enrolling Clerks of the Senate and House of Representatives, 
the Government Printing Office, and the Committee on Rules and 
Administration, shall develop and establish a website capable of 
complying with the requirements of paragraph 7 of rule XXVIII of the 
Standing Rules of the Senate, as added by subsection (a).

SEC. 5. ELIMINATION OF FLOOR PRIVILEGES FOR FORMER MEMBERS, SENATE 
              OFFICERS, AND SPEAKERS OF THE HOUSE WHO ARE LOBBYISTS OR 
              SEEK FINANCIAL GAIN.

    Rule XXIII of the Standing Rules of the Senate is amended by--
            (1) inserting ``1.'' before ``Other'';
            (2) inserting after ``Ex-Senators and Senators elect'' the 
        following: ``, except as provided in paragraph 2'';
            (3) inserting after ``Ex-Secretaries and ex-Sergeants at 
        Arms of the Senate'' the following: ``, except as provided in 
        paragraph 2'';
            (4) inserting after ``Ex-Speakers of the House of 
        Representatives'' the following: ``, except as provided in 
        paragraph 2''; and
            (5) adding at the end the following:
    ``2. (a) The floor privilege provided in paragraph 1 shall not 
apply to an individual covered by this paragraph who is--
            ``(1) a registered lobbyist or agent of a foreign 
        principal; or
            ``(2) is in the employ of or represents any party or 
        organization for the purpose of influencing, directly, or 
        indirectly, the passage, defeat, or amendment of any 
        legislative proposal.
    ``(b) The Committee on Rules and Administration may promulgate 
regulations to allow individuals covered by this paragraph floor 
privileges for ceremonial functions and events designated by the 
Majority Leader and the Minority Leader.''.

SEC. 6. BAN ON GIFTS FROM LOBBYISTS.

    Paragraph 1(a)(2) of rule XXXV of the Standing Rules of the Senate 
is amended by--
            (1) inserting ``(A)'' after ``(2)''; and
            (2) adding at the end the following:
    ``(B)(i) This clause shall not apply to a gift from a registered 
lobbyist or an agent of a foreign principal.
    ``(ii) Notwithstanding division (i), a Member, officer, or employee 
may accept a meal or refreshment from a registered lobbyist or an agent 
of a foreign principal subject to the monetary limits in this clause. A 
Member shall list on the Member's official website the value of any 
meals or refreshments permitted by this division to the Member or 
employee of the Member and the name of the person who paid for such 
items not later than 15 days after such meals or refreshments are 
received.''.

SEC. 7. TRAVEL RESTRICTIONS AND DISCLOSURE.

    (a) In General.--Paragraph 2 of rule XXXV of the Standing Rules of 
the Senate is amended by adding at the end the following:
    ``(f)(1) Before a Member, officer, or employee may accept 
transportation or lodging otherwise permissible under this paragraph 
from any person, other than a governmental entity, such Member, 
officer, or employee shall--
            ``(A) obtain a written certification from such person (and 
        provide a copy of such certification to the Select Committee on 
        Ethics) that--
                    ``(i) the trip was not financed in whole, or in 
                part, by a registered lobbyist or foreign agent; and
                    ``(ii) the person did not accept, directly or 
                indirectly, funds from a registered lobbyist or foreign 
                agent specifically earmarked for the purpose of 
                financing the travel expenses;
            ``(B) provide the Select Committee on Ethics (in the case 
        of an employee, from the supervising Member or officer), in 
        writing--
                    ``(i) a detailed itinerary of the trip; and
                    ``(ii) a determination that the trip--
                            ``(I) is primarily educational (either for 
                        the invited person or for the organization 
                        sponsoring the trip);
                            ``(II) is consistent with the official 
                        duties of the Member, officer, or employee;
                            ``(III) does not create an appearance of 
                        use of public office for private gain; and
                    ``(iii) has a minimal or no recreational component; 
                and
            ``(C) obtain written approval of the trip from the Select 
        Committee on Ethics.
    ``(2) Not later than 30 days after completion of travel, approved 
under this subparagraph, the Member, officer, or employee shall file 
with the Select Committee on Ethics and the Secretary of the Senate a 
description of meetings and events attended during such travel and the 
names of any registered lobbyist who accompanied the Member, officer, 
or employee during the travel, except when disclosure of such 
information is deemed by the Member or supervisor under whose direct 
supervision the employee is employed to jeopardize the safety of an 
individual or adversely affect national security. Such information 
shall also be posted on the Member's official website not later than 30 
days after the completion of the travel, except when disclosure of such 
information is deemed by the Member to jeopardize the safety of an 
individual or adversely affect national security.''.
    (b) Disclosure of Noncommercial Air Travel.--
            (1) Rules.--Paragraph 2 of rule XXXV of the Standing Rules 
        of the Senate, as amended by subsection (a), is amended by 
        adding at the end the following:
    ``(g) A Member, officer, or employee of the Senate shall--
            ``(1) disclose a flight on an aircraft that is not licensed 
        by the Federal Aviation Administration to operate for 
        compensation or hire, excluding a flight on an aircraft owned, 
        operated, or leased by a governmental entity, taken in 
        connection with the duties of the Member, officer, or employee 
        as an officeholder or Senate officer or employee; and
            ``(2) with respect to the flight, file a report with the 
        Secretary of the Senate, including the date, destination, and 
        owner or lessee of the aircraft, the purpose of the trip, and 
        the persons on the trip, except for any person flying the 
        aircraft.''.
            (2) FECA.--Section 304(b) of the Federal Election Campaign 
        Act of 1971 (42 U.S.C. 434(b)) is amended--
                    (A) by striking ``and'' at the end of paragraph 
                (7);
                    (B) by striking the period at the end of paragraph 
                (8) and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(9) in the case of a principal campaign committee of a 
        candidate (other than a candidate for election to the office of 
        President or Vice President), any flight taken by the candidate 
        (other than a flight designated to transport the President, 
        Vice President, or a candidate for election to the office of 
        President or Vice President) during the reporting period on an 
        aircraft that is not licensed by the Federal Aviation 
        Administration to operate for compensation or hire, together 
        with the following information:
                    ``(A) The date of the flight.
                    ``(B) The destination of the flight.
                    ``(C) The owner or lessee of the aircraft.
                    ``(D) The purpose of the flight.
                    ``(E) The persons on the flight, except for any 
                person flying the aircraft.''.
    (c) Public Availability.--Paragraph 2(e) of rule XXXV of the 
Standing Rules of the Senate is amended to read as follows:
    ``(e) The Secretary of the Senate shall make available to the 
public all disclosures filed pursuant to subparagraphs (f) and (g) as 
soon as possible after they are received and such matters shall be 
posted on the Member's official website but no later than 30 days after 
the trip or flight.''.

SEC. 8. POST EMPLOYMENT RESTRICTIONS.

    (a) In General.--Paragraph 9 of rule XXXVII of the Standing Rules 
of the Senate is amended by--
            (1) designating the first sentence as subparagraph (a);
            (2) designating the second sentence as subparagraph (b); 
        and
            (3) adding at the end the following:
    ``(c) If an employee on the staff of a Member or on the staff of a 
committee whose rate of pay is equal to or greater than 75 percent of 
the rate of pay of a Member and employed at such rate for more than 60 
days in a calendar year, upon leaving that position, becomes a 
registered lobbyist under the Federal Regulation of Lobbying Act of 
1946 or any successor statute, or is employed or retained by such a 
registered lobbyist for the purpose of influencing legislation, such 
employee may not lobby any Member, officer, or employee of the Senate 
for a period of 1 year after leaving that position.''.
    (b) Effective Date.--This section shall take effect 60 days after 
the date of enactment of this Act.

SEC. 9. PUBLIC DISCLOSURE BY MEMBERS OF CONGRESS OF EMPLOYMENT 
              NEGOTIATIONS.

    Rule XXXVII of the Standing Rules of the Senate is amended by 
adding at the end the following:
    ``14. A Member shall not directly negotiate or have any arrangement 
concerning prospective private employment until after the election for 
his or her successor has been held, unless such Member files a 
statement with the Secretary of the Senate, for public disclosure, 
regarding such negotiations or arrangements within 3 business days 
after the commencement of such negotiation or arrangement, including 
the name of the private entity or entities involved in such 
negotiations or arrangements, the date such negotiations or 
arrangements commenced, and must be signed by the Member.''.

SEC. 10. PROHIBIT OFFICIAL CONTACT WITH SPOUSE OR IMMEDIATE FAMILY 
              MEMBER OF MEMBER WHO IS A REGISTERED LOBBYIST.

    Rule XXXVII of the Standing Rules of the Senate is amended by--
            (1) redesignating paragraphs 10 through 12 as paragraphs 11 
        through 13, respectively; and
            (2) inserting after paragraph 9, the following:
    ``10. (a) If a Member's spouse or immediate family member is a 
registered lobbyist under the Lobbying Disclosure Act of 1995, or is 
employed or retained by such a registered lobbyist for the purpose of 
influencing legislation, the Member shall prohibit all staff employed 
by that Member (including staff in personal, committee and leadership 
offices) from having any official contact with the Member's spouse or 
immediate family member.
    ``(b) In this paragraph, 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 the Member.''.

SEC. 11. INFLUENCING HIRING DECISIONS.

    Rule XLIII of the Standing Rules of the Senate is amended by adding 
at the end the following:
    ``6. No Member shall, with the intent to influence on the basis of 
partisan political affiliation an employment decision or employment 
practice of any private entity--
            ``(1) take or withhold, or offer or threaten to take or 
        withhold, an official act; or
            ``(2) influence, or offer or threaten to influence the 
        official act of another.''.

SEC. 12. SENSE OF THE SENATE THAT ANY APPLICABLE RESTRICTIONS ON 
              CONGRESSIONAL BRANCH EMPLOYEES SHOULD APPLY TO THE 
              EXECUTIVE AND JUDICIAL BRANCHES.

    It is the sense of the Senate that any applicable restrictions on 
Congressional branch employees in this Act should apply to the 
Executive and Judicial branches.

SEC. 13. EFFECTIVE DATE.

    Except as otherwise provided in this Act, this Act shall take 
effect on the date of enactment of this Act.
                                                       Calendar No. 367

109th CONGRESS

  2d Session

                                S. 2349

_______________________________________________________________________

                                 A BILL

      To provide greater transparency in the legislative process.

_______________________________________________________________________

                             March 1, 2006

                  Read twice and placed on the calendar