II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Legislative Trans5 parency and Accountability Act of 2006’’. 

6 SEC. 2. OUT OF SCOPE MATTERS IN CONFERENCE RE7 PORTS. 

8 (a) IN GENERAL.—A point of order may be made by 

9 any Senator against consideration of a conference report 

10 that includes any matter not committed to the conferees 
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1 by either House. The point of order shall be made and 

2 voted on separately for each item in violation of this sec3 tion. 

4 (b) DISPOSITION.—If the point of order against a 

5 conference report under subsection (a) is sustained, 

6 then— 

7 (1) the matter in such conference report shall 

8 be deemed to have been struck; 

9 (2) when all other points of order under this 

10 section have been disposed of— 

11 (A) the Senate shall proceed to consider 

12 the question of whether the Senate should re13 cede from its amendment to the House bill, or 

14 its disagreement to the amendment of the 

15 House, and concur with a further amendment, 

16 which further amendment shall consist of only 

17 that portion of the conference report not 

18 deemed to have been struck; 

19 (B) the question shall be debatable; and 

20 (C) no further amendment shall be in 

21 order; and 

22 (3) if the Senate agrees to the amendment, 

23 then the bill and the Senate amendment thereto 

24 shall be returned to the House for its concurrence 

25 in the amendment of the Senate. 
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1 (c) SUPERMAJORITY WAIVER AND APPEAL.—This 

2 section may be waived or suspended in the Senate only 

by an affirmative vote of 3 3 ⁄5 of the Members, duly chosen 

and sworn. An affirmative vote of 3 4 ⁄5 of the Members of 

5 the Senate, duly chosen and sworn, shall be required in 

6 the Senate to sustain an appeal of the ruling of the Chair 

7 on a point of order raised under this section. 

8 SEC. 3. EARMARKS. 

9 The Standing Rules of the Senate are amended by 

10 adding at the end the following: 

11 ‘‘RULE XLIV

12 ‘‘EARMARKS

13 ‘‘1. In this rule— 

14 ‘‘(1) the term ‘earmark’ means a provision that 

15 specifies the identity of a non-Federal entity to re16 ceive assistance and the amount of the assistance; 

17 and 

18 ‘‘(2) the term ‘assistance’ means budget author19 ity, contract authority, loan authority, and other ex20 penditures, and tax expenditures or other revenue 

21 items. 

22 ‘‘2. It shall not be in order to consider any Senate 

23 bill or Senate amendment or conference report on any bill, 

24 including an appropriations bill, a revenue bill, and an au25 thorizing bill, unless a list of— 

26 ‘‘(1) all earmarks in such measure; 
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1 ‘‘(2) an identification of the Member or Mem2 bers who proposed the earmark; and 

3 ‘‘(3) an explanation of the essential govern4 mental purpose for the earmark; 

5 is available along with any joint statement of managers 

6 associated with the measure to all Members and made 

7 available on the Internet to the general public for at least 

8 24 hours before its consideration.’’. 

9 SEC. 4. AVAILABILITY OF CONFERENCE REPORTS ON THE 

10 INTERNET. 

11 (a) IN GENERAL.— 

12 (1) AMENDMENT.—Rule XXVIII of all the 

13 Standing Rules of the Senate is amended by adding 

14 at the end the following: 

15 ‘‘7. It shall not be in order to consider a conference 

16 report unless such report is available to all Members and 

17 made available to the general public by means of the Inter18 net for at least 24 hours before its consideration.’’. 

19 (2) EFFECTIVE DATE.—This subsection shall 

20 take effect 60 days after the date of enactment of 

21 this Act. 

22 (b) IMPLEMENTATION.—Not later than 60 days after 

23 the date of enactment of this Act, the Secretary of the 

24 Senate, in consultation with the Enrolling Clerks of the 

25 Senate and House of Representatives, the Government 
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1 Printing Office, and the Committee on Rules and Admin2 istration, shall develop and establish a website capable of 

3 complying with the requirements of paragraph 7 of rule 

4 XXVIII of the Standing Rules of the Senate, as added 

5 by subsection (a). 

6 SEC. 5. ELIMINATION OF FLOOR PRIVILEGES FOR FORMER 

7 MEMBERS, SENATE OFFICERS, AND SPEAK8 ERS OF THE HOUSE WHO ARE LOBBYISTS OR 

9 SEEK FINANCIAL GAIN. 

10 Rule XXIII of the Standing Rules of the Senate is 

11 amended by— 

12 (1) inserting ‘‘1.’’ before ‘‘Other’’; 

13 (2) inserting after ‘‘Ex-Senators and Senators 

14 elect’’ the following: ‘‘, except as provided in para15 graph 2’’; 

16 (3) inserting after ‘‘Ex-Secretaries and ex-Ser17 geants at Arms of the Senate’’ the following: ‘‘, ex18 cept as provided in paragraph 2’’; 

19 (4) inserting after ‘‘Ex-Speakers of the House 

20 of Representatives’’ the following: ‘‘, except as pro21 vided in paragraph 2’’; and 

22 (5) adding at the end the following: 

23 ‘‘2. (a) The floor privilege provided in paragraph 1 

24 shall not apply to an individual covered by this paragraph 

25 who is— 
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1 ‘‘(1) a registered lobbyist or agent of a foreign 

2 principal; or 

3 ‘‘(2) is in the employ of or represents any party 

4 or organization for the purpose of influencing, di5 rectly, or indirectly, the passage, defeat, or amend6 ment of any legislative proposal. 

7 ‘‘(b) The Committee on Rules and Administration 

8 may promulgate regulations to allow individuals covered 

9 by this paragraph floor privileges for ceremonial functions 

10 and events designated by the Majority Leader and the Mi11 nority Leader.’’. 

12 SEC. 6. BAN ON GIFTS FROM LOBBYISTS. 

13 Paragraph 1(a)(2) of rule XXXV of the Standing 

14 Rules of the Senate is amended by— 

15 (1) inserting ‘‘(A)’’ after ‘‘(2)’’; and 

16 (2) adding at the end the following: 

17 ‘‘(B)(i) This clause shall not apply to a gift from a 

18 registered lobbyist or an agent of a foreign principal. 

19 ‘‘(ii) Notwithstanding division (i), a Member, officer, 

20 or employee may accept a meal or refreshment from a reg21 istered lobbyist or an agent of a foreign principal subject 

22 to the monetary limits in this clause. A Member shall list 

23 on the Member’s official website the value of any meals 

24 or refreshments permitted by this division to the Member 

25 or employee of the Member and the name of the person 
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1 who paid for such items not later than 15 days after such 

2 meals or refreshments are received.’’. 

3 SEC. 7. TRAVEL RESTRICTIONS AND DISCLOSURE. 

4 (a) IN GENERAL.—Paragraph 2 of rule XXXV of the 

5 Standing Rules of the Senate is amended by adding at 

6 the end the following: 

7 ‘‘(f)(1) Before a Member, officer, or employee may 

8 accept transportation or lodging otherwise permissible 

9 under this paragraph from any person, other than a gov10 ernmental entity, such Member, officer, or employee 

11 shall— 

12 ‘‘(A) obtain a written certification from such 

13 person (and provide a copy of such certification to 

14 the Select Committee on Ethics) that— 

15 ‘‘(i) the trip was not financed in whole, or 

16 in part, by a registered lobbyist or foreign 

17 agent; and 

18 ‘‘(ii) the person did not accept, directly or 

19 indirectly, funds from a registered lobbyist or 

20 foreign agent specifically earmarked for the 

21 purpose of financing the travel expenses; 

22 ‘‘(B) provide the Select Committee on Ethics 

23 (in the case of an employee, from the supervising 

24 Member or officer), in writing— 

25 ‘‘(i) a detailed itinerary of the trip; and 
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1 ‘‘(ii) a determination that the trip— 

2 ‘‘(I) is primarily educational (either 

3 for the invited person or for the organiza4 tion sponsoring the trip); 

5 ‘‘(II) is consistent with the official du6 ties of the Member, officer, or employee; 

7 ‘‘(III) does not create an appearance 

8 of use of public office for private gain; and 

9 ‘‘(iii) has a minimal or no recreational 

10 component; and 

11 ‘‘(C) obtain written approval of the trip from 

12 the Select Committee on Ethics. 

13 ‘‘(2) Not later than 30 days after completion of trav14 el, approved under this subparagraph, the Member, offi15 cer, or employee shall file with the Select Committee on 

16 Ethics and the Secretary of the Senate a description of 

17 meetings and events attended during such travel and the 

18 names of any registered lobbyist who accompanied the 

19 Member, officer, or employee during the travel, except 

20 when disclosure of such information is deemed by the 

21 Member or supervisor under whose direct supervision the 

22 employee is employed to jeopardize the safety of an indi23 vidual or adversely affect national security. Such informa24 tion shall also be posted on the Member’s official website 

25 not later than 30 days after the completion of the travel, 
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1 except when disclosure of such information is deemed by 

2 the Member to jeopardize the safety of an individual or 

3 adversely affect national security.’’. 

4 (b) DISCLOSURE OF NONCOMMERCIAL AIR TRAV5 EL.— 

6 (1) RULES.—Paragraph 2 of rule XXXV of the 

7 Standing Rules of the Senate, as amended by sub8 section (a), is amended by adding at the end the fol9 lowing: 

10 ‘‘(g) A Member, officer, or employee of the Senate 

11 shall— 

12 ‘‘(1) disclose a flight on an aircraft that is not 

13 licensed by the Federal Aviation Administration to 

14 operate for compensation or hire, excluding a flight 

15 on an aircraft owned, operated, or leased by a gov16 ernmental entity, taken in connection with the duties 

17 of the Member, officer, or employee as an office18 holder or Senate officer or employee; and 

19 ‘‘(2) with respect to the flight, file a report with 

20 the Secretary of the Senate, including the date, des21 tination, and owner or lessee of the aircraft, the pur22 pose of the trip, and the persons on the trip, except 

23 for any person flying the aircraft.’’. 
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1 (2) FECA.—Section 304(b) of the Federal 

2 Election Campaign Act of 1971 (42 U.S.C. 434(b)) 

3 is amended— 

4 (A) by striking ‘‘and’’ at the end of para5 graph (7); 

6 (B) by striking the period at the end of 

7 paragraph (8) and inserting ‘‘; and’’; and 

8 (C) by adding at the end the following: 

9 ‘‘(9) in the case of a principal campaign com10 mittee of a candidate (other than a candidate for 

11 election to the office of President or Vice President), 

12 any flight taken by the candidate (other than a 

13 flight designated to transport the President, Vice 

14 President, or a candidate for election to the office of 

15 President or Vice President) during the reporting 

16 period on an aircraft that is not licensed by the Fed17 eral Aviation Administration to operate for com18 pensation or hire, together with the following infor19 mation: 

20 ‘‘(A) The date of the flight. 

21 ‘‘(B) The destination of the flight. 

22 ‘‘(C) The owner or lessee of the aircraft. 

23 ‘‘(D) The purpose of the flight. 

24 ‘‘(E) The persons on the flight, except for 

25 any person flying the aircraft.’’. 
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1 (c) PUBLIC AVAILABILITY.—Paragraph 2(e) of rule 

2 XXXV of the Standing Rules of the Senate is amended 

3 to read as follows: 

4 ‘‘(e) The Secretary of the Senate shall make available 

5 to the public all disclosures filed pursuant to subpara6 graphs (f) and (g) as soon as possible after they are re7 ceived and such matters shall be posted on the Member’s 

8 official website but no later than 30 days after the trip 

9 or flight.’’. 

10 SEC. 8. POST EMPLOYMENT RESTRICTIONS. 

11 (a) IN GENERAL.—Paragraph 9 of rule XXXVII of 

12 the Standing Rules of the Senate is amended by— 

13 (1) designating the first sentence as subpara14 graph (a); 

15 (2) designating the second sentence as subpara16 graph (b); and 

17 (3) adding at the end the following: 

18 ‘‘(c) If an employee on the staff of a Member or on 

19 the staff of a committee whose rate of pay is equal to or 

20 greater than 75 percent of the rate of pay of a Member 

21 and employed at such rate for more than 60 days in a 

22 calendar year, upon leaving that position, becomes a reg23 istered lobbyist under the Federal Regulation of Lobbying 

24 Act of 1946 or any successor statute, or is employed or 

25 retained by such a registered lobbyist for the purpose of 
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1 influencing legislation, such employee may not lobby any 

2 Member, officer, or employee of the Senate for a period 

3 of 1 year after leaving that position.’’. 

4 (b) EFFECTIVE DATE.—This section shall take effect 

5 60 days after the date of enactment of this Act. 

6 SEC. 9. PUBLIC DISCLOSURE BY MEMBERS OF CONGRESS 

7 OF EMPLOYMENT NEGOTIATIONS. 

8 Rule XXXVII of the Standing Rules of the Senate 

9 is amended by adding at the end the following: 

10 ‘‘14. A Member shall not directly negotiate or have 

11 any arrangement concerning prospective private employ12 ment until after the election for his or her successor has 

13 been held, unless such Member files a statement with the 

14 Secretary of the Senate, for public disclosure, regarding 

15 such negotiations or arrangements within 3 business days 

16 after the commencement of such negotiation or arrange17 ment, including the name of the private entity or entities 

18 involved in such negotiations or arrangements, the date 

19 such negotiations or arrangements commenced, and must 

20 be signed by the Member.’’. 

21 SEC. 10. PROHIBIT OFFICIAL CONTACT WITH SPOUSE OR 

22 IMMEDIATE FAMILY MEMBER OF MEMBER 

23 WHO IS A REGISTERED LOBBYIST. 

24 Rule XXXVII of the Standing Rules of the Senate 

25 is amended by— 
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1 (1) redesignating paragraphs 10 through 12 as 

2 paragraphs 11 through 13, respectively; and 

3 (2) inserting after paragraph 9, the following: 

4 ‘‘10. (a) If a Member’s spouse or immediate family 

5 member is a registered lobbyist under the Lobbying Dis6 closure Act of 1995, or is employed or retained by such 

7 a registered lobbyist for the purpose of influencing legisla8 tion, the Member shall prohibit all staff employed by that 

9 Member (including staff in personal, committee and lead10 ership offices) from having any official contact with the 

11 Member’s spouse or immediate family member. 

12 ‘‘(b) In this paragraph, the term ‘immediate family 

13 member’ means the son, daughter, stepson, stepdaughter, 

14 son-in-law, daughter-in-law, mother, father, stepmother, 

15 stepfather, mother-in-law, father-in-law, brother, sister, 

16 stepbrother, or stepsister of the Member.’’. 

17 SEC. 11. INFLUENCING HIRING DECISIONS. 

18 Rule XLIII of the Standing Rules of the Senate is 

19 amended by adding at the end the following: 

20 ‘‘6. No Member shall, with the intent to influence on 

21 the basis of partisan political affiliation an employment 

22 decision or employment practice of any private entity— 

23 ‘‘(1) take or withhold, or offer or threaten to 

24 take or withhold, an official act; or 
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1 ‘‘(2) influence, or offer or threaten to influence 

2 the official act of another.’’. 

3 SEC. 12. SENSE OF THE SENATE THAT ANY APPLICABLE RE4 STRICTIONS ON CONGRESSIONAL BRANCH 

5 EMPLOYEES SHOULD APPLY TO THE EXECU6 TIVE AND JUDICIAL BRANCHES. 

7 It is the sense of the Senate that any applicable re8 strictions on Congressional branch employees in this Act 

9 should apply to the Executive and Judicial branches. 

10 SEC. 13. EFFECTIVE DATE. 

11 Except as otherwise provided in this Act, this Act 

12 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