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Week Ending March 3, 2006
S.2349 An original bill to provide greater transparency in the legislative process.
The bill takes aim at three current matters of concern to the general public: lobby reform, control over ‘earmark’ spending in bills and revealing to the public modifications on bills that generally are not available to the public until the bill passes. A last minute amendment offered March 9th by Senator Charles Schumer (D-NY) regarding prohibiting the recent purchase of a United Arab Emirate owned entity that would take over and manage as many as 20 US ports and a notification from DP WORLD, inc., the UAE entity, that it would turn over complete involvement in managing US ports to a US entity came as the Senate failed to invoke cloture to bring the bill to final debate and a vote. Senator William Frist (R-TN) the Senate Majority Leader changed his vote on cloture thereby allowing him the opportunity to bring the bill back to the floor. Senator Schumer's amendment would have specifically "prohibit any foreign-government-owned or controlled company that recognized the Taliban as the legitimate government of Afghanistan during the Taliban's rule between 1996 - 2001," from owning, leasing, operating, or managing real property or facility at a United States port.
The bill was returned to the floor on March 29 and was passed 90 to 8.
The lobby reform provisions include eliminating floor privileges for former members, Senate officers and Speakers of the House who are lobbyist or are seeking financial gain. Members would have been allowed accept a meal or refreshment from a registered lobbyist or agent of a foreign principal but must post on the Member's website within 15 days the name of the person who paid for the items, but an amendment effectively banned such gifts. A registered lobbyist may not knowingly make a gift or provide travel to a Member, Delegate, Resident Commissioner, officer, or employee of Congress, unless the gift or travel may be accepted under the rules of the House of Representatives or the Senate.
A Member may accept transportation and lodging from any person other than a governmental entity providing it is certified in writing that the trip was not financed in whole or in part by a registered lobbyist or foreign agent or the person providing the travel and lodging did not directly or indirectly accept funds from a registered lobbyist or foreign agent specifically for financing the trip. A detailed itinerary must be filed and a determination must be made if the trip is primarily educational, consistent the official duties of a Member, does not create the appearance of the use of public office for private gain and has a minimal or no recreational component. The Select Committee on Ethics must approve the trip.
After such a trip the Member must file in detail the activities during the trip and the names of any registered lobbyist who accompanied the Member or employee during the travel. The information must be published on the Members website within 30 days of the trip. Charter flights are allowed but must be reported as to the owner of the plane, destination, purpose and persons on board.
Former employees of Members of the Senate would not be allowed to return to lobby that member for one year after leaving employ with the Member. A Member due to leave office may not negotiate for employment until after that Member’s successor is elected unless the Member files for public disclosure within three days of the negotiation and must include the name of the new employer. If a Member’s spouse is a registered lobbyist, all of the Member’s staff are prohibited from any official contact with that spouse. The provision would apply to immediate family members of Members to include: 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.
No member, with the intent to influence on the basis of partisan political affiliation, an employment decision or employment practice of a private entity, may take or withhold or offer or threaten to take or withhold an official act or influence or offer or threaten to influence the official act of another.
Lobbyist must file quarterly disclosure reports rather than semi-annually. Lobbyist must disclose campaign contributions in excess of $200 within a year and to whom of which PAC the money was donated. The bill would provide a fine up to $100,000 levied on a lobbyist who violates the disclosure rules. An amendment offered by Senator Harry Reid (D-NV) would increase penalties on multiple disclosure violations by a lobbyist up to $500,000 for the third violation. the amendment did not succeed.
The bill would create a database made available to the public free on the Internet in which it would be listed the legislator or executive branch official who received payments or reimbursements for travel and related expenses, the purpose and trip itinerary and any registered lobbyist or employee who also took the trip and who sponsored the trip. The data base would also include money donated for the cost of honoring an official or to pay for a meeting, retreat of conference event. Also listed would be the date and recipient of a gift in excess of $20. A gift is defined as a gratuity, favor, discount, entertainment, hospitality, loan, forbearance or other item of monetary value including gifts of service, transportation, lodging and meals, reimbursement or payment in kind.
Grassroots lobbying, loosely defined as an effort to gather support for a candidate being lobbied is further defined by the individual or organization's expenditure of over $25,000 per quarter and influencing more than 500 people.
The so-called revolving door whereby Members leave office and immediately become a highly paid lobbyist is narrowed by provisions that prohibit some senior executive and former Members from floor access and contact until two years have passed after they left office. Family members of all persuasions including in-laws' who are also lobbyists are prohibited from official contact with a Members staff at all times.
It is the sense of the Senate, in the bill, that any restrictions on the Senate should apply to the Executive and Judicial branches of government.
Conference reports, those reporting products that result from a House-Senate conference to settle differences on a bill could not be considered on the floor unless the report was made available on the Internet at least 24 hours before consideration on the floor. A procedural provision regarding conference reports provides for a point of order to be made against considering a report if it includes items added to the report but not originally to be considered by the conferees. There can be a vote to strike the individual items. This provision is designed to halt adding elements to a bill during conference that Members may not be aware of when they vote on the report.
Earmarks are defined in this bill as provisions that specifies the identity of a non-Federal entity to receive assistance, and the amount of the assistance. Assistance is defined as budget authority, contract authority, loan authority and other expenditures and tax expenditures or revenue items. Anything other than an earmark as defined would be prohibited from all bills including appropriation bills and allowed earmarks must include which Member proposed the earmark and the purpose of the earmark. If the earmark is voted on by the Senate it must receive 60 votes to avoid being stricken from the bill. The information must be made available to the public 24 hours before consideration.
The bill would also require mandatory ethics training for new Senators with in 60 days of commencing service and within 120 days for other Senators and staff.
Bill was removed from the floor because the vote on a Motion to Invoke Cloture that would end debate and bring the bill to a vote failed. The bill is expected to be brought back for more debate and a vote in the near future.
When the bill returned to the floor amendments activity: One that would deny cost of living increases for Representatives who oppose cost of living increases, another would completely prohibit lobby gifts of food and beverage. More attention to lobbyist behavior was covered in the amendments including requiring that the lobbyist would not be allowed on trips with Members at all and another that required lobbyists disclose if their clients are federal entities or private. The definition of earmarks would be expanded to include Federal entity projects.
Sponsor: Senator Trent Lott (R-MS)
Vote: Senate failed to invoke cloture 51 to 47 (60 votes required) (RV 36). Bill was removed from the floor. March 9, 2006 The Senate passed the bill amended on March 29, 2006 90 to 8 (RV 82)
Cost to the taxpayers: Funds to create the database and ethics training would be provided in the bill as 'such sums as may be necessary'. Such money would be subject to appropriation.
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AMENDMENTS
1. S.AMDT.2907 to S.2349 To propose a substitute.
Sponsor: Sen Lott, Trent [R-MS] (introduced 3/6/2006) Cosponsors (1)
Latest Major Action: 3/6/2006 Senate amendment agreed to. Status:
Amendment SA 2907 agreed to in Senate by Unanimous Consent.
10. S.AMDT.2930 to S.2349 To clarify that availability of legislation
does not include nonbusiness days.
Sponsor: Sen Obama, Barack [IL] (introduced 3/7/2006) Cosponsors (1)
Latest Major Action: 3/29/2006 Senate amendment agreed to. Status:
Amendment SA 2930 agreed to in Senate by Unanimous Consent.
12. S.AMDT.2932 to S.2349 To provide additional transparency in the
legislative process.
Sponsor: Sen Reid, Harry [D-NV] (introduced 3/7/2006) Cosponsors (2)
Latest Major Action: 3/8/2006 Senate amendment not agreed to. Status:
Amendment SA 2932 not agreed to in Senate by Yea-Nay Vote. 44 - 55.
Record Vote Number: 35.
14. S.AMDT.2934 to S.2349 To deny members who oppose cost-of-living
adjustments (COLAs) the increase.
Sponsor: Sen Inhofe, James M. [OK] (introduced 3/8/2006) Cosponsors
(1)
Latest Major Action: 3/8/2006 Senate amendment agreed to. Status:
Amendment SA 2934 agreed to in Senate by Voice Vote.
22. S.AMDT.2942 to S.2349 To strike the meals and refreshments
exception for lobbyists.
Sponsor: Sen Dodd, Christopher J. [D-CT] (introduced 3/8/2006)
Cosponsors (4)
Latest Major Action: 3/8/2006 Senate amendment agreed to. Status:
Amendment SA 2942 as modified agreed to in Senate by Voice Vote.
24. S.AMDT.2944 to S.2349 To establish as a standing order of the
Senate a requirement that a Senator publicly disclose a notice of intent to
object to proceeding to any measure or matter.
Sponsor: Sen Wyden, Ron [D-OR] (introduced 3/8/2006) Cosponsors (2)
Latest Major Action: 3/8/2006 Senate amendment proposed (on the floor)
Passed 84 - 13.
Record Vote Number: 78
39. S.AMDT.2959 to S.2349 To prohibit any foreign-government-owned or
controlled company that recognized the Taliban as the legitimate government of
Afghanistan during the Taliban's rule between 1996 - 2001, may own, lease,
operate, or mange real property or facility at a United States port.
Sponsor: Sen Schumer, Charles E. [D-NY] (introduced 3/8/2006) Cosponsors
(None)
Latest Major Action: 3/8/2006 Senate amendment proposed (on the floor)
40. S.AMDT.2960 to S.2349 To require electronic filing and establish a
public database for lobbyists for foreign governments.
Sponsor: Sen Levin, Carl [MI] (introduced 3/8/2006) Cosponsors (1)
Latest Major Action: 3/29/2006 Senate amendment agreed to. Status:
Amendment SA 2960 agreed to in Senate by Unanimous Consent.
41. S.AMDT.2961 to S.2349 To require lobbyist to distinguish whether
clients are public or private entities.
Sponsor: Sen Cornyn, John [TX] (introduced 3/8/2006) Cosponsors
(None)
Latest Major Action: 3/29/2006 Senate amendment agreed to. Status:
Amendment SA 2961 as modified agreed to in Senate by Unanimous Consent.
42. S.AMDT.2962 to S.2349 To clarify the application of the gift rule
to lobbyists.
Sponsor: Sen Feingold, Russell D. [D-WI] (introduced 3/8/2006) Cosponsors
(None)
Latest Major Action: 3/8/2006 Senate amendment submitted. Motion to table
the amendment agreed to 68 to 30 (RV 80) March 29, 2006
43. S.AMDT.2963 to S.2349 To remove lobbyists all together from Member
trips.
Sponsor: Sen Feingold, Russell D. [WI] (introduced 3/8/2006) Cosponsors
(None)
Latest Major Action: 3/29/2006 Senate amendment agreed to. Status:
Amendment SA 2963 agreed to in Senate by Unanimous Consent.
50. S.AMDT.2970 to S.2349 To revise the time period for Internet
availability in the provisions relating to earmarks and availability of
conference reports from 24 hours to 48 hours.
Sponsor: Sen Sununu, John E. [NH] (introduced 3/9/2006) Cosponsors
(4)
Latest Major Action: 3/29/2006 Senate amendment agreed to. Status:
Amendment SA 2970 agreed to in Senate by Unanimous Consent.
59. S.AMDT.2979 to S.2349 To clarify disclosure requirements.
Sponsor: Sen Collins, Susan M. [ME] (introduced 3/9/2006) Cosponsors
(None)
Latest Major Action: 3/29/2006 Senate amendment agreed to. Status:
Amendment SA 2979 agreed to in Senate by Unanimous Consent.
60. S.AMDT.2980 to S.2349 To include Federal entities in the
definition of earmarks.
Sponsor: Sen Ensign, John [NV] (introduced 3/9/2006) Cosponsors (2)
Latest Major Action: 3/29/2006 Motion to table amendment SA 2980 agreed
to in Senate by Yea-Nay Vote. 57 - 41.
Record Vote Number: 81.
81. S.AMDT.3176 to S.2349 To establish the Senate Office of Public
Integrity.
Sponsor: Sen Collins, Susan M. [ME] (introduced 3/28/2006)
Cosponsors (3)
Latest Major Action: 3/28/2006 Senate amendment not agreed to. Status:
Amendment SA 3176 not agreed to in Senate by Yea-Nay Vote. 30 - 67.
Record Vote Number: 77.
86. S.AMDT.3181 to S.2349 To clarify the termination date of the
Commission.
Sponsor: Sen Byrd, Robert C. [WV] (introduced 3/28/2006) Cosponsors
(None)
Latest Major Action: 3/29/2006 Senate amendment agreed to. Status:
Amendment SA 3181 as modified agreed to in Senate by Unanimous Consent.
87. S.AMDT.3182 to S.2349 To clarify the subpoena powers of the
Commission.
Sponsor: Sen Byrd, Robert C. [WV] (introduced 3/28/2006) Cosponsors
(None)
Latest Major Action: 3/29/2006 Senate amendment agreed to. Status:
Amendment SA 3182 agreed to in Senate by Unanimous Consent.
89. S.AMDT.3184 to S.2349 Of a technical nature.
Sponsor: Sen Lott, Trent [MS] (introduced 3/29/2006) Cosponsors
(None)
Latest Major Action: 3/29/2006 Senate amendment agreed to. Status:
Amendment SA 3184 agreed to in Senate by Unanimous Consent.
90. S.AMDT.3185 to S.2349 To clarify that lobbying contacts for
Congressional staff do not include seeking lobbying disclosure compliance
information from the Clerk of the House of Representatives or the Secretary of
the Senate.
Sponsor: Sen Lott, Trent [MS] (introduced 3/29/2006) Cosponsors
(None)
Latest Major Action: 3/29/2006 Senate amendment agreed to. Status:
Amendment SA 3185 agreed to in Senate by Unanimous Consent.
91.
S.AMDT.3186 to S.2349 Of a technical nature.
Sponsor: Sen Collins, Susan M. [ME] (introduced 3/29/2006) Cosponsors
(None)
Latest Major Action: 3/29/2006 Senate amendment agreed to. Status:
Amendment SA 3186 agreed to in Senate by Unanimous Consent
S AMDT 2944 to S 2349 Senator Ron Wyden (D-OR) To establish as a standing order of the Senate a requirement that a Senator publicly disclose a notice of intent to object to proceeding to any measure or matter. Passed 84 to 13 (RV 78) March 29, 2006
92. S.AMDT.3187 to S.2349 Of a technical nature.
Sponsor: Sen Collins, Susan M. [ME] (introduced 3/29/2006) Cosponsors
(None)
Latest Major Action: 3/29/2006 Senate amendment agreed to. Status:
Amendment SA 3187 agreed to in Senate by Unanimous Consent.
93. S.AMDT.3188 to S.2349 Of a technical nature.
Sponsor: Sen Collins, Susan M. [ME] (introduced 3/29/2006) Cosponsors
(None)
Latest Major Action: 3/29/2006 Senate amendment agreed to. Status:
Amendment SA 3188 agreed to in Senate by Unanimous Consent.
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