112th Bill Reintroductions

= Introduction =

The following is a list of transparency and ethics related bills and initiatives that may be sufficiently useful to be worth encouraging Congress to consider (in whole or in part) in the 112th Congress. Some of these may have already been enacted into law.

= 111th Congress =

Congress

 * Congressional Review Act Improvement Act (HR 2247) -- an untransparency rule
 * E-Rulemaking Act, introduced in the Senate (S. 3961)

Legislator and Committee Transparency

 * Voting Record Transparency Resolution (H Res 287) -- puts all House votes online in a database
 * Contempt of the House of Representatives Subpoena Authority Act of 2009 (HR 263) -- give DC original jurisdiction over civil actions for congressional subpoenas
 * Amending the rules of the House of Representatives to provide for transparency in the committee amendment process. (HR 835)
 * Directing Clerk to establish process by which public can view proceedings of House and committees online (H Res 1166)

Rules Reform

 * Filibuster reform (S. Res 662)
 * Improve Senate cloture process (S Res 440)

Ethics Filing and Training

 * Require committee witnesses to disclose substantial financial interests/compensation when related to subject of hearing (S Res. 665)
 * To require full and complete public disclosure of the terms of home mortgages held by Members of Congress. (HR 3965)
 * Require Members to Take Ethics training (like senior staff) (H Res 1135)
 * Requires dislosure and payment of noncommercial air travel in the Senate (S 103)
 * Disclosure of local currents for MoC and staff per diem for foreign travel; enhanced disclosure about travel (HR 5957)
 * MOC must disclose delinquent tax liabilities (HR 6145) (S 3791)
 * Prohibit House Members from negotiating for a job involving lobbying (H Res 1386)
 * Extend post-employment restrictions and exec and leg branch officers and employees (HR 6019)
 * Stop the Revolving Door in Washington Act (HR 2259) -- 2 yr ban on lobbying for all formers MoCs w/ any leg office

Earmarks

 * Earmark Transparency Act (HR 5258) (S 3335) 111th Congress
 * Require House member websites to include earmark requests + video (H Res 1542)
 * Fiscal Discipline, Earmark Reform, and Accountability Act (S 3026) -- requires lobbyist disclosure (also filed under Lobbying Disclosure)
 * Earmark reform bills (list)

Library of Congress

 * Congressional Research Service Electronic Accessibility Act of 2009 (HR 3762)
 * Direct LOC to provide bulk access to leg summary and status data for THOMAS (HR 6289)
 * Publish CRS Reports online (S. Res 118) (H.R. 3762) (HR 4983) 111th Congress

Contractor / Corporate Transparency

 * Improve management and oversight of federal contracts (S 3323)
 * Subcontractor Fairness Act of 2009 (HR 4134) -- Amends the Federal Property and Administrative Services Act of 1949 to require any offeror responding to an executive agency's solicitation for competitive proposals for the procurement of property or services in an amount greater than $550,000 or for construction in an amount greater than $1 million to enter into an agreement that provides that each subcontract to be awarded in the performance of the contract. shall: (1) become a valid subcontract if the offeror is awarded the prime contract; and (2) include the identity of the subcontractor, the scope of work to be performed under the subcontract, and the dollar amount of the subcontract. Requires a copy of each subcontracting agreement to be included in any competitive proposal submitted.
 * Contractor Accountability Act (HR 1360) -- requires agencies to annual report to congress on contracts/ordered issued by agency during the year, with list of non-performers, certification of agency oversight, and online availability of reports
 * Transparency and Accountability in Security Contracting Act of 2009 --requires all contacts/subcontracts with private security functions to report the number of people who perform security functions, training regimen, and Sec Def to maintain a comprehensive database
 * Require disclosure of beneficial owners of corporations (HR 6098)
 * Transparency and Integrity in Corporate Monitoring Act of 2009 (HR 4283) -- Prohibits United States attorneys or assistant United States attorneys who participate in the investigation or prosecution of an organization for a criminal offense for which a deferred prosecution or nonprosecution agreement is made from acting as or working for, for a specified period of time after their service, corporate monitors selected to oversee the implementation of such agreements.

Federal Advisory Committees

 * Federal Advisory Committee Act Amendments (HR 1320)

Executive Branch

 * Allow for prize competitions to stimulate innovations advancing mission of federal agencies (S 3530)
 * Plain Writing Act of 2010 (HR 946) -- requires agencies to train employees in plain writing
 * Improper Payments Elimination and Recovery Act of 2010 (HR 3393) -- Amends the Improper Payments Information Act of 2002 to expand requirements for identifying programs and activities susceptible to improper payments by requiring the head of each federal agency, during the year after the enactment of this Act and at least once every three fiscal years thereafter, to review and identify agency programs and activities that may be susceptible to significant improper payments. Defines "significant" to mean: (1) improper payments in the preceding fiscal year that may have exceeded $100 million or $10 million of all program and activity payments and 2.5% of program outlays; and (2) for fiscal years prior to FY2013, improper payments that may have exceeded $100 million or $10 million of all program and activity payments and 1.5% of program outlays.
 * Unfunded Mandates Information and Transparency Act of 2009 (HR 2255) -- requires reporting no federal mandate costs
 * Enhance oversight authorities of comptroller general (S 2991)

Signing Statements

 * Presidential Signing Statements Act of 2009 (HR 149) -- transmit to the H&amp;S, and make publicly available on THOMAS (also filed under Thomas &amp; Information Accessibility)
 * Congressional Lawmaking Authority Protection Act of 2009 (Hr 258) -- prohibits signing statements from being heeded
 * OLC Reporting ACt of 2009 (HR 278) -- AG must report when issue authoritative legal interpretation of federal statutes
 * Checks and Balances Restoration and Revitalization Act (HR 3362) -- Governs claims of executive privilege, enforcement of contempt of Congress, presidential signing statements, and OLC opinions

Lame Duck Presidents

 * Midnight Rule Act (HR 34) (S 195) -- rules adopted by agencies w/in final 90 days of presidency don't take effect until 90 days after agency head appointed
 * Sense of the House that president shouldn't pardon senior members of the administration during final 90 days in office (H Res 9)

Budget Transparency

 * Requiring OMB to built a website to track expenditure of Gov't Funds (HR 6052)
 * Lots of reports reqs about federal budget (HR 5752)
 * TARP Executive Disclosure Act (HR 3436)

Agency Performance

 * Federal Agency Performance Review and Efficiency Act (HR 478) -- IG annually reviews agency efficiency and effectiveness and must report thereon
 * Expressing the sense of Congress that the President should issue, and Congress should hold hearings on, a report and a certification regarding the responsibilities, authorities, and powers of his "czars". (H Con Res 185)

Executive Branch Ethics

 * Transparency and Executive Accountability Act (HR 3613) -- Amends the Ethics in Government Act of 1978 to require individuals subject to financial disclosure filing requirements by virtue of an appointment to a position in the Executive Office of the President to file required reports with the Director of the Office of Government Ethics (curently, with the ethics official of the individual's employing agency).
 * Financial Disclosure Integrity Act (HR 2128) -- Requires annual financial disclosure reports of some federal officials to include mortgages that are personal residence, including liabilities and sales.
 * Prohibits PACs and authorized committees from employing spouse/family members of candidate for federal office holder connected to the committee (S 104)
 * Public Official Accountability Act (HR 90) -- Increases sentences for public officials engaged in certain crimes (e.g. bribery)

National Security

 * Over-Classification Reduction Act (HR 854)
 * Reducing Information Control Designation Act (HR 1323) -- CUI fix

Campaign Finance Disclosure

 * DISCLOSE Act (HR 5175) 111th Congress
 * Senate Online Disclosure of Campaign Finance Reports (S 1858) (S 482) 111th Congress
 * Voters' Right to Know Act of 2009 (HR 2370) -- requires reporting of phone bank costs
 * Disapproving the rule submitted by the Federal Election Commission with respect to travel on private aircraft for Federal candidates (HJ Res 65) --

Information Technology and Access to Data

 * Chief Technology Officer Act of 2009 (HR 1910) -- establishes a federal chief technology officer
 * Information Technology Investment Oversight Enhancement and Waste Prevention Act of 2009 (S 920) -- codifies IT dashboard
 * Government Information Transparency Act (HR 2392) -- req's OMB to adopt single data standard for collection of private sector financial info and use of info by agencies. (Also filed Financial Transparency)
 * Government Accountability Office Improvement Act (HR 2646) -- Gives GAO power to obtain and hold federal agency records; administer oaths to witnesses; reporting on agency actions; on site exams of the federal reserve and other banks.
 * Government Information Transparency Act (HR 2392) -- req's OMB to adopt single data standard for collection of private sector financial info and use of info by agencies. (Also filed under Federal Agencies &amp; the President)
 * Direct OMB to establish a public website to obtain electronic copies of congressionally mandated reports (HR 6026)

Judicial Branch

 * Permit the Televising of Supreme Court Proceedings (HR 429)
 * Judicial Transparency and Ethics Enhancement Act of 2009 (HR 486) -- establishes Judicial branch IG
 * Judicial Transparency and Ethics Enhancement Act (S 220) -- creates judicial branch IG
 * Sunshine in the Courtroom Act of2009 ( S. 657) -- allows appellate or district court judge to permit electronic recording of proceedings
 * Sunshine in Litigation Act of 2009 (HR 1508) (S 537)-- prohibits courts from restricting the disclosure of information obtained through discovery unless a balancing test is met
 * A resolution to express the sense of the Senate in support of permitting the televising of Supreme Court proceedings. (S Res 339)
 * A bill to permit televising of Supreme Court proceedings (S 446)

Lobbying Transparency (and employment restrictions)

 * Amend LDA to require $50 annual filing fee + $500 penalty for late filing; plus require audits (HR 5751)
 * Fiscal Discipline, Earmark Reform, and Accountability Act (S 3026) -- requires lobbyist disclosure (Also filed under "Earmarks")

POIA &amp; FOIA

 * Public Online Information Act (HR 4858) (S 3321) 111th Congress
 * Repeal Dodd-Frank FOIA exception (HR 6086) (S 3717)
 * Establish a Commission on FOIA processing delays (S 3111)
 * Apply FOIA to Federal National Mortgage Association and Federal Home Loan Corporation (HR 5539)
 * Apply FOIA and FACA to the Smithsonian (HR 4761)
 * OPEN FOIA Act of 2009 (S 612) -- requires statutory exemptions to FOIA disclosures to be specifically cite the provision that authorizes the exemptions

State Transparency

 * Disclosure by BEA and Commerce of economic data for territories and freely associated states (HR 6015)
 * Require states to submit fiscal account reports as a condition of federal financial assistance (HR 5514)
 * State Secrets Protection Act (HR 984) (S 417)

Reporter Shield Laws

 * Free Flow of Information Act of 2009 (HR 985) -- reporter-ish shield law

Census

 * Requires Census to improve disclosures of annual measures of family income (HR 5891)

National Archives

 * Electronic Message Preservation Act (HR 1387) -- Archives to make regs governing federal agency preservation of electronic messages
 * Require Federal agencies to develop public access policies for research conducted by employees or funds administered thereby (HR 5253)
 * Presidential Records Act Amendments of 2009 (HR 35)
 * Electronic Message Preservation Act (HR 1387) -- Archives to make regs governing federal agency preservation of electronic messages (Also filed under Federal Agencies &amp; the President)
 * Preserving the American Historical Record Act (HR 2256) also (HR 2171)

Omnibus Legislation
(HR 4983) 111th Congress

Whistleblower Protection

 * Whisteblower Protection Enhancement Act (S. 372)
 * Whistleblower Protection Enhancement Act of 2009 (HR 1507) --expands protected disclosures and sets standards
 * Congressional Disclosures Protections Act of 2009 (HR 2572) -- defines "covered disclosure" for federal whistleblowers who speak with Congress (also filed under Congress)
 * Congressional Disclosures Protections Act of 2009 (HR 2572) -- defines "covered disclosure" for federal whistleblowers who speak with Congress (also filed under Whistleblower Protection)
 * Protecting America’s Workers Act of 2009 (H.R. 2067)
 * Offshore Oil and Gas Worker Whistleblower Protection Act of 2010 (H.R. 5851)
 * Miner Safety and Health Act of 2010 (H.R. 5663)
 * FAA Reauthorization Act (S.1451, H.R. 915)

Foreign Aid Transparency
Foreign Assistance Revitalization and Accountability Act of 2009 (S 1524)
 * Initiating Foreign Assistance Reform Act of 2009 (HR 2139)

= Executive Orders =


 * Tarp and Stimulus Lobbying Rules
 * Requiring Release of White House (+ other) visitor logs
 * Open Gov't Directive
 * Revolving Door Requirements

= Other =


 * US Code codifications