HILLARY LIES ON MTP [View All]

[goku2008]

Hillary said obama's major senate accomplishment was so lobbyist wouldn't eat lunch


here is the real record:


February 8, 2006

Mr. OBAMA introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs

A BILL

To establish an Office of Public Integrity in the Congress and a Congressional Ethics Enforcement Commission.

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

SECTION 1. SHORT TITLE.

This Act may be cited as the `Congressional Ethics Enforcement Commission Act of 2006'.

SEC. 2. OFFICE OF PUBLIC INTEGRITY.

(a) In General- There is established in the legislative branch an independent office to be known as the `Office of Public Integrity' (referred to in this Act as the `Office') the authority of which shall be vested in the Commission established in section 3.

(b) Authority- The Commission shall have the following authority:

(1) Investigating lobbying disclosures filed with the Senate and the House of Representatives.

(2) Investigating Senate members and staff who violate restrictions on interactions with lobbyists, as provided in section 4.

(3) Conducting research concerning governmental ethics and implement any public educational programs it considers necessary to give effect to this Act.

(4) Reporting, not later than December 1 of each year, to the Senate Select Committee on Ethics and the House Committee on Standards of Official Conduct on the Commission's activities in the preceding fiscal year which report shall include a summary of Commission determinations and advisory opinions. The report may contain recommendations on matters within the Commission's jurisdiction.

SEC. 3. CONGRESSIONAL ETHICS ENFORCEMENT COMMISSION.

(a) Membership- The Congressional Ethics Enforcement Commission shall consist of 9 members--

(1) 2 of whom shall be appointed by the Majority Leader of the Senate;

(2) 2 of whom shall be appointed by the Minority Leader of the Senate;

(3) 2 of whom shall be appointed by Speaker of the House;

(4) 2 of whom shall be appointed by the Minority Leader of the House; and

(5) the last member shall be chosen by agreement of at least 3 of the Speaker, the Senate Majority Leader, the House Minority Leader, and the Senate Minority Leader

All members of the Commission shall be United States citizens. Of the 2 members each appointed by the Senate Majority Leader and Minority Leader, the Speaker of the House, and the Minority Leader for the House, 1 shall be a former judge, and 1 shall be a former member of Congress.

(b) Pay and Staff- Commissioners shall receive a $100 per diem for each day of service for the Commission. Each Commissioner shall have 1 enforcement counsel as staff, housed in an Office of Public Integrity created by this Act.

(c) Terms of Service- The members of the Commission shall be appointed not later than 60 days after the investment of this Act to serve a 2-year term. Thereafter, each member shall serve 4-year terms.

(d) Vacancies- Vacancies in membership of the Commission shall be filled by appointment by the original appointing authority in the same manner as the original appointments.

(e) Limits on Employment- While serving on the Commission, a member shall not--

(1) serve as a fundraiser for a Senate or House candidate;

(2) contribute to a candidate for Federal office;

(3) serve as an officer in a political party;

(4) participate in the management or conduct of the political campaign of a candidate; or

(5) serve as a registered lobbyist.

(f) Dismissal- A member of the Commission may be removed only by unanimous agreement between the Speaker of the House, the Minority Leader of the House, the Majority Leader of the Senate, and the Minority Leader of the Senate, and only for cause.

(g) Chair and Vice Chair- The chair and the vice chair of the Commission shall be elected by a majority vote of the members of the Commission. The chair and the vice chair shall serve terms of 1 year and may be reelected. The chair shall preside at meetings of the Commission. The vice chair shall preside in the absence or disability of the chair.

(h) Meetings- The Commission shall meet not later than 90 days after the date of enactment of this Act. The time and place of the meeting shall be determined by the chair. Thereafter, the Commission shall meet twice a year or at such times deemed necessary at the call of the chair or a majority of its members.

(i) Quorum- A quorum of the Commission shall consist of 5 or more members.

(j) Vote Required- An affirmative vote of 5 or more members shall be necessary for Commission action.

SEC. 4. INVESTIGATIONS AND REPORTS.

(a) Complaints-

(1) SWORN COMPLAINT-

(A) CITIZEN INITIATED- The Commission may only initiate an investigation as a result of a sworn complaint filed by a citizen of the United States.

(B) BAN ON FILING PRIOR TO ELECTION- The Commission may not accept charges filed in the--

(i) 30 days prior to a primary election for which the Member in question is a candidate; and

(ii) 60 days prior to a general election for which the Member in question is a candidate.

(2) CONTENT- The complaint shall be a notarized written statement alleging a violation against 1 or more named persons and stating the essential facts constituting the violation charged. The Commission shall have no jurisdiction in absence of a complaint. A member of the Commission may file a complaint.

(3) SERVICE- Not later than 10 days after the filing of a complaint, the Commission shall cause a copy of the complaint to be served upon the person alleged to have committed the violation.

(4) ANSWER- Not later than 20 days after service of the complaint, the person alleged to have committed the violation may file an answer with the Commission. The filing of an answer is wholly permissive, and no inferences shall be drawn from the failure to file an answer.

(b) Inquiry-

(1) IN GENERAL- Not later than 10 days after the Commission receives the answer under subsection (a)(4), or the time expires for the filing of an answer, the Commission shall initiate a preliminary inquiry into any alleged violation of this code. If a majority of the Commission staff determines that the complaint fails to state a claim of an ethics violation or is clearly spurious, the complaint shall be dismissed.

(2) STATUS- Not later than 30 days after the commencement of the inquiry, the Commission staff shall give notice of the status of the complaint and a general statement of the applicable law to the person alleged to have committed a violation.

(c) Rights of Alleged Violator- The Commission shall afford a person who is the subject of a preliminary inquiry an opportunity to appear in response to the allegations in the complaint. The person shall have the right to be represented by counsel, to appear and be heard under oath, and to offer evidence in response to the allegations in the complaint.

(d) Commission Proceeding- All Commission proceedings, including the complaint and answer and other records relating to a preliminary inquiry, shall be confidential until a final determination is made by the Commission, except--

(1) the Commission may, at any time, turn over to the Attorney General of the United States evidence which may be used in criminal proceedings; and

(2) if the complainant or alleged violator publicly discloses the existence of a preliminary inquiry, the Commission may publicly confirm the existence of the inquiry and, in its discretion, make public any documents which were issued to either party.

(e) Disposition- If the Commission--

(1) determines by the answer or in the preliminary inquiry that the complaint does not allege facts sufficient to constitute a violation of the rules of the Senate or the House of Representatives or the Lobbying Disclosure Act of 1995, the Commission--

(A) shall immediately terminate the matter and notify in writing the complainant and the person alleged to have committed a violation;

(B) may confidentially inform the alleged violator of potential violations and provide information to ensure future compliance with the law; and

(C) if the alleged violator publicly discloses the existence of such action by the Commission, may confirm the existence of the action and, in its discretion, make public any documents that were issued to the alleged violator; and

(2) during the course of the preliminary inquiry, finds probable cause to believe that an ethics violation has occurred, the Commission--

(A) shall notify the alleged violator of the finding; and

(B) may, upon majority vote, either--

(i) due to mitigating circumstances such as lack of significant economic advantage or gain by the alleged violator, lack of significant economic loss to the state, or lack of significant impact on public confidence in government--

(I) confidentially reprimand, in writing, the alleged violator for potential violations of the law and provide a copy of the reprimand to the presiding officer of the House in which the alleged violator serves, or the alleged violator's employer, if the alleged violator is a legislative agent; or

(II) if the alleged violator publicly discloses the existence of such an action, confirm the existence of the action and, in its discretion, make public any documents which were issued to the alleged violator; or

(ii) initiate an adjudicatory proceeding to determine whether to present a case to the Select Committee on Ethics of the Senate or the Committee on Standards of Official Conduct of the House of Representatives as to whether there has been a violation.

(f) Conducting Investigation- As a part of an investigation, the Commission may--

(1) administer oaths;

(2) issue subpoenas;

(3) compel the attendance of witnesses and the production of papers, books, accounts, documents, and testimony;

(4) take the deposition of witnesses; and

(5) conduct general audits of filings under the Lobbying Disclosure Act of 1995.

(g) Contempt- If a person disobeys or refuses to comply with a subpoena, or if a witness refuses to testify to a matter regarding which he may be held in contempt of Congress.

(h) Fees for Witnesses- Each witness subpoenaed under this section shall receive for his attendance the fees and mileage provided for witnesses in the District of Columbia Circuit Court, which shall be audited and paid upon the presentation of proper vouchers sworn to by the witness.

(i) Ethics Committees-

(1) PRELIMINARY INVESTIGATION- The investigation of the Commission under this section shall be in lieu of the preliminary ethics investigation required for the Select Committee on Ethics of the Senate or the Committee on Standards of Official Conduct of the House of Representatives. Those committees shall not conduct preliminary investigations upon the establishment of the Commission.

(2) REFERRAL- Upon a majority vote of the Commission at the conclusion of the adjudicatory proceeding, the Commission may present a case with evidence to the Select Committee on Ethics of the Senate or the Committee on Standards of Official Conduct of the House of Representatives, as appropriate. The Select Committee on Ethics of the Senate and the Committee on Standards of Official Conduct of the House of Representatives shall retain the authority to impose sanctions.

(j) Civil Offense- Upon a majority vote of the Commission, the Office of Public Integrity could refer potential legal violations to the Justice Department for Civil Enforcement.

(k) Public Report- Unless otherwise provided in this Act, the Commission shall make each report and statement filed under this Act available for public inspection and copying during regular office hours at the expense of any person requesting copies of them and at a charge not to exceed actual cost, not including the cost of staff required.

SEC. 5. PROTECTION FROM FRIVOLOUS CHARGES.

(a) In General- Any person who--

(1) knowingly files with the Commission a false complaint of misconduct on the part of any legislator or other person shall be subject to a $10,000 fine or the cost of the preliminary review, whichever is greater, and up to 1 year in prison; and

(2) encourages another person to file a false complaint of misconduct on the part of any legislator or other person shall be shall subject to a $10,000 fine or the cost of the preliminary review, whichever is greater, and up to 1 year in jail.

(b) Subsequent Complaints- Any person subject to either of the penalties in subsection (a) may not file a complaint with the Commission again.





February 8, 2006

Mr. OBAMA introduced the following bill; which was read twice and referred to the Committee on Rules and Administration

A BILL

To provide transparency and integrity in the earmark process.

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

SECTION 1. SHORT TITLE.

This Act may be cited as the `Transparency and Integrity in Earmarks Act of 2006'.

SEC. 2. EARMARKS.

Rule XVI of the Standing Rules of the Senate is amended by adding at the end the following:

`8.(a) In this paragraph, the term `earmark' means a provision that requires or permits the obligation or expenditure of any amount appropriated for the benefit of an identifiable person, program, project, entity, or jurisdiction by earmarking or other specification, whether by name or description, in a manner that--

`(1) discriminates against other persons, programs, projects, entities, or jurisdictions similarly situated that would be eligible, but for the requirement or permission, for the amount appropriated; or

`(2) applies only to a single identifiable person, program, project, entity, or jurisdiction, unless the identifiable person, program, project, entity, or jurisdiction is described or otherwise clearly identified in a law or Treaty stipulation (or an Act or resolution previously passed by the Senate during the same session or in the estimate submitted in accordance with law).

`(b) No appropriation bill shall be considered unless--

`(1) a list of all earmarks in such bill and the name of the requestor and a short justification for each earmark are available to all Members and made available to the general public by means of the Internet for at least 72 hours before its consideration;

`(2) all earmarks are contained in the text of the bill and not incorporated by reference or directed in the committee report; and

`(3) all earmarks are germane to the bill.

`(c) This paragraph may only be waived by 2/3 of Members, duly chosen and sworn.'.

SEC. 3. PROHIBITION ON ADVOCATING FOR EARMARK IN WHICH THERE EXISTS A FINANCIAL INTEREST.

Rule XXXVII of the Standing Rules of the Senate is amended by adding at the end the following:

`12. No Member of the Senate may advocate to include an earmark in any bill or joint resolution (or an accompanying report) or in any conference report on a bill or joint resolution (including an accompanying joint statement of managers thereto) if the Member has a financial interest in such earmark.'.

SEC. 4. PROHIBITION ON BUYING VOTES.

Rule XXXVII of the Standing Rules of the Senate is amended by adding at the end the following:

`13. No Member of the Senate shall condition the inclusion of language to provide funding for an earmark in any bill or joint resolution (or an accompanying report thereof) or in any conference report on a bill or joint resolution (including an accompanying joint statement of managers thereto) on any vote cast by the Member of the Senate in whose State the project will be carried out.'.

SEC. 5. LOBBYING ON BEHALF OF RECIPIENTS OF FEDERAL FUNDS.

The Lobbying Disclosure Act of 1995 is amended by adding after section 5 the following:

`SEC. 5A. REPORTS BY RECIPIENTS OF FEDERAL FUNDS.

`(a) In General- A recipient of Federal funds shall file a report as required by section 5(a) containing--

`(1) the name of any lobbyist registered under this Act to whom the recipient paid money to lobby on behalf of the Federal funding received by the recipient; and

`(2) the amount of money paid as described in paragraph (1).

`(b) Definition- In this section, the term `recipient of Federal funds' means the recipient of Federal funds constituting an award, grant, or loan.'.








January 18, 2006

Mr. OBAMA introduced the following bill; which was read twice and referred to the Committee on Rules and Administration

A BILL

To require openness in conference committee deliberations and full disclosure of the contents of conference reports and all other legislation.

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

SECTION 1. SHORT TITLE.

This Act may be cited as the `Curtailing Lobbyist Effectiveness Through Advance Notification, Updates, and Posting Act' or the `CLEAN UP Act'.

SEC. 2. CONFERENCE COMMITTEE DISCLOSURE REQUIREMENTS.

(a) Clear Identification of New Material in Conference Reports- Rule XXVIII of the Rules of the Senate is amended by adding at the end the following:

`7. The joint explanatory statement by a committee of conference shall separately identify and explain each provision of the report in violation of paragraph 2 or 3 of rule XXVIII of the Standing Rules of the Senate and, if possible, identify the Member who proposed such provision.'.

(b) Sense of Congress on Conference Committee Protocols- It is the sense of Congress that--

(1) conference committees should hold regular, formal meetings of all conferees that are open to the public or televised;

(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 Houses.

SEC. 3. ACTUAL VOTING REQUIRED IN CONFERENCE COMMITTEE MEETINGS AND OPPORTUNITY FOR MINORITY VIEWS.

Rule XXVIII of the Standing Rules of the Senate is amended by adding at the end the following:

`8. It shall not be in order to consider a conference report unless the senior manager from the majority party on the part of the Senate as so designated for that purpose by the majority leader and the senior manager from the minority party on the part of the Senate as so designated for that purpose by the minority leader include in the statement of managers accompanying such conference report a signed statement that--

`(1) all Senate managers have been afforded an opportunity at a meeting of the committee on conference to vote on all amendments and other propositions considered by that committee;

`(2) roll call votes have been held in public meetings of the conferees on the matter contained in any motion to instruct conferees passed by the Senate; and

`(3) the minority was offered an opportunity to submit dissenting or minority views for the joint statement of managers.'.

SEC. 4. AVAILABILITY OF LEGISLATION ON THE INTERNET.

Rule XIV of all the Standing Rules of the Senate is amended by adding at the end the following:

`11.(a) The reading in full of any bill, resolution, conference report, or amendment shall not be dispensed with unless such measure is available to all Members and made available to the general public by means of the Internet for at least 72 hours before its consideration.

`(b) This paragraph may only be waived by 2/3 of Members, duly chosen and sworn.'.

SEC. 5. EARMARKS.

Rule XVI of the Standing Rules of the Senate is amended by adding at the end the following:

`8.(a) In this paragraph, the term `earmark' means a provision that requires or permits the obligation or expenditure of any amount appropriated for the benefit of an identifiable person, program, project, entity, or jurisdiction by earmarking or other specification, whether by name or description, in a manner that--

`(1) discriminates against other persons, programs, projects, entities, or jurisdictions similarly situated that would be eligible, but for the requirement or permission, for the amount appropriated; or

`(2) applies only to a single identifiable person, program, project, entity, or jurisdiction, unless the identifiable person, program, project, entity, or jurisdiction is described or otherwise clearly identified in a law or Treaty stipulation (or an Act or resolution previously passed by the Senate during the same session or in the estimate submitted in accordance with law).

`(b) No appropriation bill shall be considered unless a list of all earmarks in such bill and accompanying reports are available to all Members and made available to the general public by means of the Internet for at least 72 hours before its consideration.

`(c) This paragraph may only be waived by 2/3 of Members, duly chosen and sworn.'.






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