Senate Legislative Transparency and Accountability Resolution of 2006

        [Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 525 Introduced in Senate (IS)]

109th CONGRESS
2d Session
S. RES. 525

To amend the Standing Rules of the Senate to provide greater
transparency in the legislative process.

_______________________________________________________________________

IN THE SENATE OF THE UNITED STATES

June 29, 2006

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

_______________________________________________________________________

RESOLUTION

To amend the Standing Rules of the Senate to provide greater
transparency in the legislative process.

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--
``(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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