Detailed Summary

Title I: Legislative Transparency and Accountability Act of 2007 - Legislative Transparency and Accountability Act of 2007 - (Sec. 102) Authorizes a point of order by any Senator against consideration of any item in a conference report that includes any matter not committed to the conferees by either chamber.

Sets forth procedures for consideration of such a point of order.

Requires: (1) an affirmative vote of three-fifths (60) of the Members of the Senate to waive or suspend this section; and (2) the same three-fifths affirmative vote to sustain an appeal of the ruling of the Chair on a point of order raised under it.

(Sec. 103) Adds Rule XLIV (Earmarks) to the Standing Rules of the Senate to make it out of order to consider any Senate bill or joint resolution reported or not reported by a committee unless a list of all its congressional earmarks, limited tax or tariff benefits, and the name of the requesting Member is made available to the general public on the Internet for at least 48 hours before its consideration.

Requires, if appropriate, a statement for the Internet, or if the legislation was not reported by a committee, publication in the Congressional Record, that the legislation contains no congressional earmarks or limited tax or tariff benefits.

Makes it out of order to consider a conference report on such legislation if the joint explanatory statement does not include such list or disclaimer.

Defines "limited tax benefit" as any revenue provision that: (1) provides a federal tax deduction, credit, exclusion, or preference to a particular beneficiary or limited group of beneficiaries under the Internal Revenue Code, and contains eligibility criteria that are not uniform in application with respect to potential beneficiaries; or (2) any federal tax provision which provides one beneficiary temporary or permanent transition relief from a change to the Code.

Defines "limited tariff benefit" as a provision modifying the Harmonized Tariff Schedule of the United States in a manner that benefits 10 or fewer entities.

Prohibits a Member from conditioning the inclusion of language to provide funding for a congressional earmark or a limited tax or tariff benefit in any measure (or accompanying report) or in any conference report (including joint explanatory statement) on any vote cast by another Member, Delegate, or Resident Commissioner.

Requires a Member who requests such earmarks or benefits to provide a written statement to the chairman and ranking member of the committee of jurisdiction that includes: (1) the Member's name; (2) the name and address of the intended recipient of the earmark or, if there is no specifically intended recipient, the intended location of the activity; (3) identification of the individual or entities reasonably anticipated to benefit from a limited taw or tariff benefit, to the extent known to the Member; (4) the purpose of such earmark or benefit; and (5) a certification that the Member or spouse has no financial interest in them.

Requires the chairman of the committee or subcommittee, as appropriate, to publish such statements in a searchable format on its website within 48 hours after their receipt.

Makes it out of order to consider any bill, resolution, or conference report that contains an earmark included in any classified portion of a report accompanying the measure unless such earmark includes, to the greatest extent practicable, consistent with the need to protect national security and in unclassified language, a general program description, funding level, and the name of the earmark's sponsor.

(Sec. 104) Amends Rule XXVIII (Conference Committee; Reports; Open Meetings) to make it out of order to consider a conference report unless it is available to all Members and the general public on the Internet for at least 48 hours before its consideration.

Requires: (1) an affirmative vote of three-fifths (60) of the Members of the Senate to waive or suspend this section; and (2) the same three-fifths affirmative vote to sustain an appeal of the ruling of the Chair on a point of order raised under it.

Makes it out of order to consider a conference report unless its text has not been changed after the Senate signatures sheets have been signed by a majority of the Senate conferees.

Requires the Secretary of the Senate to develop and establish a website capable of complying with this requirement.

(Sec. 105) Expresses the sense of the Senate that: (1) conference committees should hold regular, formal meetings of all conferees open to the public; (2) all conferees should be given adequate notice of the time and place of all such meetings; and (3) all conferees should be afforded an opportunity to participate in full and complete debates of the matters that such conference committees may recommend to their respective chambers.

(Sec. 106) Amends Rule XXIII (Privilege of the Floor) to deny floor privileges, when the Senate is in session, to former Senators and Senators-elect, Secretaries, Sergeants at Arms of the Senate, and Speakers of the House of Representatives if they: (1) are registered lobbyists or agents of a foreign principal; or (2) are in the employ of or represent any party or organization to influence, directly, or indirectly, the passage, defeat, or amendment of any legislative proposal.

Authorizes the Committee on Rules and Administration to promulgate regulations exempting from such prohibitions any ceremonial functions and events designated by the Majority and Minority Leaders.

Denies such individuals use of the Senate or House gym, exercise facilities, or member-only parking spaces.

(Sec. 107) Amends Rule XXXV (Gifts) to declare that the market value of a ticket to an entertainment or sporting event shall be the face value of the ticket or, in the case of a ticket without a face value, the value of the most similar ticket sold by the issuer to the public. Requires a ticket with no face value and for which no such similar ticket is sold to be valued at the cost of a ticket with the highest face value for the event.

(Sec. 108) Prohibits Members, officers, or employees from knowingly accepting gifts from lobbyists, agents of a foreign principal, or private entities that retain or employ such individuals, except in specified circumstances.

(Sec. 108A) Prohibits a Member from participating in a national party convention honoring such individual if the event is paid for by a registered lobbyist or client.

(Sec. 109) Prescribes conditions under which Members, officers or employees of the Senate may accept reimbursement (including payment in kind) for transportation, lodging, and related expenses for travel to a meeting, speaking engagement, factfinding trip, or similar event related to officeholder duties from an individual other than a registered lobbyist or agent of a foreign principal that is a private entity that retains or employs one or more of such individuals.

Deems such reimbursement to be reimbursement to the Senate, and not a prohibited gift, if it is: (1) under regulations prescribed by the Select Committee on Ethics (Ethics Committee); (2) provided only for attendance at or participation for a one-day event (exclusive of travel time and an overnight stay); or (3) sponsored by a nonprofit tax-exempt organization pre-approved by such Committee.

Allows the regulations to permit a two-night stay when determined by the Ethics Committee on a case-by-case basis to be practically required to participate in the one-day event.

Requires an employee, before accepting reimbursement, to receive advance authorization to accept it from the Member or officer under whose direct supervision he or she works.

Requires each Member, officer, or employee that receives such reimbursement to disclose the expenses involved and (for an employee) advance authorization to the Secretary of the Senate within 30 days after the travel is completed. Requires such disclosure to include a description of meetings and events attended.

Prohibits a Member, officer, or employee from accepting a reimbursement (including payment in kind) for transportation, lodging, or related expenses for a trip that was planned, organized, or arranged by or at the request of a registered lobbyist or agent of a foreign principal, or on which a lobbyist accompanies the individual on any segment of the trip. Requires the Ethics Committee to issue regulations identifying de minimis activities by lobbyists or foreign agents that would not violate this Act.

Sets forth requirements for certification to the Ethics Committee a Member, officer, or employee must meet before accepting from any person travel otherwise permissible.

Requires Members, officers or employees to obtain prior approval of the Ethics Committee for such a reimbursement, once the Committee has promulgated regulations.

Requires the Secretary of the Senate to make available to the public all advance authorizations, certifications, and disclosures filed pursuant to such travel restrictions as soon as possible upon their receipt.

Requires the Ethics Committee to develop and revise annually guidelines on judging the reasonableness of an expense or expenditure for official government travel.

Declares that travel on an aircraft operated or paid for by a carrier not licensed by the Federal Aviation Administration (FAA) to operate for compensation or hire (a corporate flight) shall not be considered a reasonable expense.

Requires a Member, officer, or employee who travels on such aircraft to report to the Secretary of the Senate, within 60 days after such flight, specified information about the trip, including its purpose, the persons on it (other than the pilot), and the charter rate paid for it.

Declares that the fair market value for a flight on an aircraft operated or paid for by a carrier not licensed by the FAA to operate for compensation or hire shall be the pro rata share of the fair market value of the normal and usual charter fare or rental charge for a comparable plane of comparable size. Excludes from such requirement any flight on an aircraft owned or leased by a governmental entity or by a Member of Congress or a Member's spouse (including an aircraft owned by an entity that is not a public corporation in which the Member or Member's spouse has an ownership interest, provided that the Member does not use the aircraft anymore than the Member's or spouse's proportionate share of ownership allows).

Amends Rule XXXVIII (Prohibition of Unofficial Office Accounts) to declare that the value, for reimbursement purposes, of the use of an aircraft not licensed by the FAA to operate for compensation or hire to be such pro rata share of the fair market value.

Amends the Federal Election Campaign Act of 1971 to exclude from its definition of "contribution" any travel expense for a flight on an aircraft operated or paid for by a carrier not licensed by the FAA to operate for compensation or hire, but only if the candidate, the candidate's authorized committee, or other political committee: (1) pays the owner, lessee, or other person providing the airplane the pro rata share of the flight's fair market value within seven days after such flight; and (2) reports to the Secretary of the Senate, within 60 days after such flight, on specified information regarding it, including the flight's purpose, the persons on it (except for the pilot), and its charter rate.

Requires the Senate Committee on Appropriations and the Subcommittee on the Legislative Branch to consider and propose any adjustment to a Senator's Official Personnel and Office Expense Account needed in light of the revised standards for reimbursement for private air travel required by this Act, and any modifications of federal statutes or appropriations measures needed to accomplish such adjustments.

(Sec. 110) Amends the federal criminal code to exempt former officers, employees, and elected officials of the executive and legislative branch from certain lobbying ban restrictions with respect to certain acts done pursuant to the Indian Self-Determination and Education Assistance Act.

Amends such Act to allow former U.S. officers and employees carrying out official duties as employees or as elected or appointed officials of an Indian tribe to communicate with and appear on behalf of such tribe in connection with any matter pending before any department, agency, court, or commission, including any matter in which the United States is a party or has a direct and substantial interest.

(Sec. 111) Amends Rule XXXVII (Conflict of Interest) to impose a one-year lobbying moratorium, upon leaving such position, on any 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% of a Member's pay rate, and is employed at such rate for more than 60 days in a calendar year.

(Sec. 112) Prohibits a Member from directly negotiating or having 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, for public disclosure, regarding such negotiations and arrangements within three business days after their commencement. Requires inclusion in such a statement of: (1) the name of the private entity or entities involved in the negotiations or arrangements; (2) the commencement date; and (3) the Member's signature.

Prohibits a Member from directly negotiating, or having any arrangement concerning, prospective employment for a job involving lobbying activities until after a successor has been elected.

Requires a Senate employee earning over 75% of the salary paid to a Senator to notify the Committee, within three business days, that he or she is negotiating or has any arrangement concerning prospective private employment.

Requires such employee to recuse himself or herself from any matter in which there is or appear to be a conflict of interest for that employee under this Rule, and to notify the Committee of such recusal.

(Sec. 113) Requires a Member to prohibit all of his or her staff from having any official contact with the Member's spouse or immediate family member if such individual is a registered lobbyist or is employed or retained by a registered lobbyist to influence legislation.

Prohibits Members and employees on the staff of a Member from having any official contact with any spouse of a Member who is a registered lobbyist or is employed or retained by such individual.

Exempts the spouse of a Member who was serving as a registered lobbyist at least one year before the Member's election or at least one year before their marriage.

(Sec. 114) Amends Rule XLIII (Representation by Members) to prohibit a Member, with the intent to influence on the basis of partisan political affiliation an employment decision or employment practice of any private entity, from: (1) taking or withholding, or offering or threatening to take or withhold, an official act; or (2) influencing, or offering or threatening to influence, the official act of another.

(Sec. 115) Expresses the sense of the Senate that any applicable restrictions on congressional branch employees in this title should apply to the executive and judicial branches.

(Sec. 116) Prohibits the payment of cost-of-living (COLA) adjustments to any Member who voted for any amendment (or against its tabling) that provided that such adjustment would not be made.

Requires transmittal of such unpaid amount to the Treasury for deposit in the appropriations account for Medical Services of the Veterans Health Administation.

(Sec. 117) Allows the Majority and Minority Leaders of the Senate, or their designees, to recognize a notice of intent of a Senator who is a member of their caucus to object to proceeding to a measure or matter only if the Senator: (1) submits such notice in writing to the appropriate leader (or designee); and (2) within three session days afterwards submits a similar notice for inclusion in the Congressional Record and the applicable calendar.

Requires the Secretary of the Senate to establish, for both the Senate Calendar of Business and the Senate Executive Calendar, a separate section entitled "Notices of Intent to Object to Proceeding." Authorizes a Senator to have a notice of intent to object removed from a calendar upon submitting to the Congressional Record a statement of non-objection to the proceeding.

(Sec. 118) Makes it out of order to consider a conference report in the Senate unless an official written cost estimate or table by the Congressional Budget Office (CBO) is available at the time of its consideration.

Requires: (1) an affirmative vote of three-fifths (60) of the Members of the Senate to waive or suspend this supermajority requirement; and (2) the same three-fifths affirmative vote to sustain an appeal of the ruling of the Chair on a point of order raised under it.

Title II: Lobbying Transparency and Accountability Act of 2007 - Legislative [sic] Transparency and Accountability Act of 2007 - Subtitle A: Enhancing Lobbying Disclosure - (Sec. 211) Amends the Lobbying Disclosure Act of 1995 (LDA) to require: (1) quarterly instead of semiannual filing of lobbying disclosure reports; (2) quarterly reports on registered lobbyists' federal election-related political contributions; (3) identification after each client listing on a disclosure report of whether the client is a public or private entity; (4) maintenance of certain lobbying disclosure information in an electronic database, available to the public free of charge over the Internet; (5) disclosure by registered lobbyists of all past executive and congressional employment; and (6) disclosure of registered lobbyists' payments or reimbursements for travel and related expenses of covered legislative and executive branch officials.

(Sec. 216) Increases from $50,000 to $200,000 the penalty for failure to comply with lobbying disclosure requirements.

(Sec. 217) Revises requirements for the contents of lobbyist registrations, particularly disclosure of the identity of any organization, other than the client, that contributes over $10,000 toward the registrant's lobbying activities in a semiannual period, and participates in a substantial way (currently, in whole or in major part) in the planning, supervision, or control of such lobbying activities. Waives such disclosure if it is publicly available knowledge that the organization is affiliated with the client, or has been publicly disclosed to have provided funding to the client, unless the organization in whole or in major part plans, supervises or controls such lobbying activities.

(Sec. 218) Requires the Secretary of the Senate and the Clerk of the House to provide, semiannually, to specified congressional committees, and to make publicly available, the aggregate number of lobbyists and lobbying firms, separately accounted, referred to the U.S. Attorney for the District of Columbia for LDA noncompliance.

Requires the U.S. Attorney to report semiannually to such committees on the aggregate number of enforcement actions taken by the Attorney's office under the LDA and the amount of fines, if any, by case, but not the names of individuals or personally identifiable information.

(Sec. 219) Requires mandatory lobbyist reports to be filed electronically, in addition to any other form required. Requires the Secretary of the Senate and the Clerk of the House to use the same electronic software for receipt amd recording of such filings.

(Sec. 220) Amends the Foreign Agents Registration Act (FARA) to require mandatory registration statements or updates to be filed electronically, in addition to any other form that may be required by the Attorney General.

Requires the Attorney General to maintain an electronic database, available to the public free of charge over the Internet, that: (1) includes the information contained in registration statements and updates filed under FARA; (2) directly links such information to the information disclosed in reports filed with the Federal Election Commission (FEC); and (3) is searchable and sortable, at a minimum, by each of the categories described in the registration statements.

Requires electronic statements and updates to be made available for public inspection over the Internet within 48 hours after such information is filed.

(Sec. 221) Modifies lobbying disclosure requirements to include in lobbyist reports a certification that the lobbying firm, or registrant, and each employee listed as a lobbyist for such entity, has not provided, requested, or directed a gift, including travel, to a Member or employee of Congress in violation of Rule XXXV (Gifts) of the Standing Rules of the Senate or Rule XXV (Limitations on Outside Earned Income and Acceptance of Gifts) of the Rules of the House.

(Sec. 222) Provides that anyone who knowingly, willfully, and corruptly fails to comply with LDA requirements shall be imprisoned for up to 10 years, fined, or both.

Subtitle B: Oversight of Ethics and Lobbying - (Sec. 231) Requires the Comptroller General to audit and report to Congress annually on lobbying registration and reports to determine the extent of LDA compliance or noncompliance by lobbyists and their clients.

(Sec. 232) Requires the Ethics Committee to conduct ongoing ethics training and awareness programs for Members of the Senate and Senate staff.

(Sec. 233) Expresses the sense of the Senate that the lobbying community should develop proposals for multiple self-regulatory organizations which could provide for: (1) creation of standards for the organizations appropriate to the type of lobbying and individuals to be served; (2) training for the lobbying community on law, ethics, reporting requirements, and disclosure requirements; (3) development of educational materials for the public on how to hire a lobbyist or lobby firm responsibly; (4) standards regarding reasonable fees to clients; (5) creation of a third-party certification program that includes ethics training; and (6) disclosure of requirements to clients regarding fee schedules and conflict of interest rules.

(Sec. 234) Requires the House Committee on Standards of Official Conduct and the Ethics Committee each to report annually on alleged ethics violations and complaints.

Subtitle C: Slowing the Revolving Door - (Sec. 241) Amends the federal criminal code to extend from one to two years the ban on lobbying contacts by former very senior executive personnel, former Members of Congress, and officers of the legislative branch with any Member, officer, or employee of the entity in which such person served before his or her tenure terminated.

Prohibits former employees of either chamber of Congress, within one year after leaving office, from making lobbying contacts with a Member, officer, or employee of either chamber. Exempts contacts with staff of the Secretary of the Senate or the Clerk of the House regarding compliance with LDA lobbying disclosure requirements.

Prohibits a former Member of Congress or elected officer of either chamber, within two years after leaving office, from engaging in lobbying activities on behalf of any other person (except the United States) in connection with any matter on which such former Member or elected officer seeks action by a Member, officer, or employee of either chamber.

Subtitle D: Ban on Provision of Gifts or Travel by Lobbyists in Violation of the Rules of Congress - (Sec. 251) Amends the LDA to prohibit a registered lobbyist, any registered organization that employs one or more lobbyists, and any employee listed as a registered lobbyist from making a gift or providing travel to a Member, officer, or employee of Congress, if such individual or organization has knowledge that the gift or travel may not be accepted under the rules of the House or the Senate.

Subjects lobbyists and such organizations to LDA penalties for violating this ban.

Subtitle E: Commission to Strengthen Confidence in Congress Act of 2007 - Commission to Strengthen Confidence in Congress Act of 2007 - (Sec. 262) Establishes in the legislative branch the Commission to Strengthen Confidence in Congress to evaluate and report to Congress on congressional ethics requirements and to recommend improvements to ethical safeguards.

(Sec. 270) Authorizes appropriations.

Title III: Congressional Pension Accountability - Congressional Pension Accountability Act - (Sec. 302) Prohibits a Member of Congress, or a survivor or beneficiary, from receiving an annuity or retired pay if such Member is: (1) convicted of bribery of public officials and witnesses, conspiracy either to commit any offense against the United States or to defraud the United States, perjury, or subornation of perjury; or (2) indicted, or has outstanding charges for such offenses under the Uniform Code of Military Justice, and willfully remains outside the United States, or its territories and possessions including the Commonwealth of Puerto Rico, for more than one year with knowledge of the indictment or charges, as the case may be.

Requires a refund of annuity contributions and deposits, excluding interest earned, to a convicted individual.

Title IV: General Provisions - (Sec. 401) Amends the Ethics in Government Act of 1978 to increase from $10,000 to $50,000 the civil penalty against an individual who knowingly and willfully falsifies or fails to file financial disclosure reports required under the Act.

Subjects to a fine, imprisonment of up to one year, or both, an individual who knowingly and willfully falsifies or fails to file such financial disclosure reports.

(Sec. 402) Amends Rule XXVI (Committee Procedure) to require each committee and subcommittee to make publicly available on the Internet a video recording, audio recording, or transcript of any meeting within 14 business days after such meeting, except with respect to meetings closed in accordance with such Rule.
(Sec. 403) Amends Rule XXXV to allow a Member, officer, or employee to accept an offer of free attendance in the Member's home state at a convention, conference, symposium, forum, panel discussion, dinner event, site visit, viewing, reception, or similar event, provided by a sponsor of the event, if: (1) the cost of meals provided the Member, officer or employee does not exceed $50; (2) the event is sponsored by bona fide constituents of, or a group consisting primarily of bona fide constituents of, the Member (or the Member by whom the officer or employee is employed), and will be attended primarily by a group of at least five such bona fide constituents, providing no registered lobbyist shall attend; and (3) the Member, officer, or employee participates as a speaker or a panel participant, by presenting information related to Congress or matters before Congress, or by performing a ceremonial function appropriate to his or her official position, or attendance at the event is appropriate to the performance of the official duties or representative function of such individual.

Allows a Member, officer, or employee who attends such an event to accept a sponsor's unsolicited offer of free attendance at the event for an accompanying individual if others in attendance will generally be similarly accompanied or if such attendance is appropriate to assist in the representation of the Senate.

(Sec. 404) Amends Rule XXXVII (Conflict of Interest) to prohibit a Member from using his or her official position to introduce, request, or otherwise aid the progress or passage of a congressional earmark that will financially benefit or otherwise further the pecuniary interest of such Member, his or her spouse or immediate family member, any employee on the staff of such Member, or the employee's spouse, or immediate family member.

(Sec. 405) Amends Rule XV (Amendments and Motions) to require an amendment and any instruction accompanying a motion to recommit, before being debated, to be: (1) reduced to writing; (2) read; and (3) provided, in identical copies, to the desks of the Majority and Minority Leaders.

Requires a motion to be reduced to writing, if desired by the Presiding Officer or by any Senator, and to be read before being debated.

(Sec. 406) Requires the Secretary of the Senate and the Clerk of the House each to establish, by January 1, 2008, a publicly available website, free of charge, that contains information on all officially related congressional travel subject to disclosure under the gift rules of the Senate and the House.

Allows an extension of such deadline if it cannot be met.

Authorizes appropriations.

Status of the Legislation

Latest Major Action: 9/4/2007: Presented to President.

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