[Congressional Record (Bound Edition), Volume 152 (2006), Part 10]
[Senate]
[Pages 13133-13134]
[From the U.S. Government Publishing Office, www.gpo.gov]




  SENATE RESOLUTION 525--TO AMEND THE STANDING RULES OF THE SENATE TO 
        PROVIDE GREATER TRANSPARENCY IN THE LEGISLATIVE PROCESS

  Mr. FEINGOLD (for himself and Mr. Obama) submitted the following 
resolution; which was referred to the Committee on Rules and 
Administration:

                              S. Res. 525

       Resolved,

     SECTION. 1. SHORT TITLE.

       This resolution may be cited as the ``Senate Legislative 
     Transparency and Accountability Resolution of 2006''.

     SEC. 2. 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. 3. 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) This clause shall not apply to a gift from a 
     registered lobbyist or an agent of a foreign principal.''.

     SEC. 4. 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--

[[Page 13134]]

       ``(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;
       ``(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;
       ``(iii) the trip was not planned, organized, or arranged by 
     or at the request of a registered lobbyist or foreign agent; 
     and
       ``(iv) registered lobbyists will not participate in or 
     attend the trip;
       ``(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.--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.''.
       (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. 5. 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 Lobbying Disclosure Act of 1995, 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 adoption of this resolution.

     SEC. 6. 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. 7. 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. 8. 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.''.

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