1.This Act may be cited as the
Legislative Transparency and
Accountability Act of 2006
.
2.Out of scope
matters in conference reports
(a)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)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 AppealThis 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.
3.The Standing Rules of the Senate are amended
by adding at the end the following:
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..
4.Availability of
conference reports on the internet
(a)
(1)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)This subsection shall take effect 60 days after the date of
enactment of this Act.
(b)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).
5.Elimination of
floor privileges for former members, Senate officers, and Speakers of the House
who are lobbyists or seek financial gainRule 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.
.
6.Ban on gifts
from lobbyistsParagraph
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.
.
7.Travel
restrictions and disclosure
(a)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)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)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)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.
.
8.Post employment
restrictions
(a)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)This section shall take effect 60 days after the date of
enactment of this Act.
9.Public
disclosure by Members of Congress of employment negotiationsRule 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.
.
10.Prohibit
official contact with spouse or immediate family member of Member who is a
registered lobbyistRule
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.
.
11.Influencing
hiring decisionsRule 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.
.
12.Sense of the
Senate that any applicable restrictions on Congressional branch employees
should apply to the Executive and Judicial branchesIt 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.
13.Except as otherwise
provided in this Act, this Act shall take effect on the date of enactment of
this Act.
March 1, 2006
Read twice and placed on the calendar