H.R. 5102 (ih) For the relief of Javed Iqbal. [Introduced in House] ...

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108th CONGRESS
  2d Session
                                H. R. 5101

 To amend the Rules of the House of Representatives to provide greater 
 legislative input from the minority, to provide more time for Members 
  to read legislation before its consideration, and to improve House 
oversight of the executive branch, to amend the Lobbying Disclosure Act 
    of 1995 to improve lobbying disclosure, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 15, 2004

  Mr. Meehan introduced the following bill; which was referred to the 
Committee on Rules, and in addition to the Committees on the Judiciary, 
 Standards of Official Conduct, and House Administration, for a period 
    to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL


 
 To amend the Rules of the House of Representatives to provide greater 
 legislative input from the minority, to provide more time for Members 
  to read legislation before its consideration, and to improve House 
oversight of the executive branch, to amend the Lobbying Disclosure Act 
    of 1995 to improve lobbying disclosure, and for other purposes.

    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 ``Democracy in Congress Act of 2004''.

            TITLE I--REFORMING THE HOUSE OF REPRESENTATIVES

SEC. 101. SAME-DAY CONSIDERATION OF RULES COMMITTEE REPORTS.

    In rule XIII of the Rules of the House of Representatives, clause 
6(a) is amended by striking ``the same day'' and inserting ``the same 
calendar day or less than 17 hours after that''.

SEC. 102. MAXIMUM VOTING TIME.

    (a) Electronic Voting.--In rule XX of the Rules of the House of 
Representatives, the last sentence of clause 2(a) is amended by 
inserting ``and the maximum time shall be 30 minutes'' before the 
period.
    (b) Teller Votes.--In rule XX of the Rules of the House of 
Representatives, the last sentence of clause 4(a) is amended by 
inserting ``and the maximum time shall be 30 minutes'' before the 
period.
    (c) Postponing Record Votes.--In rule XX of the Rules of the House 
of Representatives, clause 8(c) is amended by inserting ``and the 
maximum time is 30 minutes'' before the period.

SEC. 103. RESTRICTION OF LATE NIGHT VOTING.

    Rule XX of the Rules of the House of Representatives is amended by 
adding at the end the following new clause:
    ``12. Except for a motion to adjourn, it shall not be in order to 
conduct a vote on any measure or matter after midnight or before 7 a.m. 
on any calendar day unless, on the previous calendar day, the House has 
approved such late night voting on such calendar day by an affirmative 
vote of two-thirds of those voting, a quorum being present.''.

SEC. 104. RESTRICTIVE RULE LIMITATION.

    Clause 6 of rule XIII of the Rules of the House of Representatives 
is amended by adding at the end the following new paragraph:
    ``(h) It shall not be in order to consider any rule or order 
reported from the Committee on Rules providing for the consideration of 
any bill or resolution otherwise subject to amendment under House rules 
if that resolution limits the right of Members to offer germane 
amendments to such bill or resolution unless at least one amendment in 
the nature of a substitute and two additional amendments, if requested 
in writing by the minority leader, are allowed to be offered by the 
minority leader (or the minority leader's designee) to such bill or 
resolution by such rule or order.''.

SEC. 105. TWO-THIRDS REQUIREMENT FOR CERTAIN WAIVERS UNDER THE RULES OF 
              THE HOUSE.

    (a) Two-Thirds Requirement.--Clause 6(c) of rule XIII of the Rules 
of the House of Representatives is amended by striking the period and 
inserting a semicolon at the end of subparagraph (2) and by adding at 
the end the following new subparagraph:
            ``(3) a rule or order which would waive the layover 
        requirement of clause 8 of rule XXII concerning the 
        availability of reports, would waive the three-day layover 
        requirement or the three-day Internet availability requirement 
        of clause 4(a)(1) of this rule or of clause 8(a)(1) of rule 
        XXII, or would waive the scope requirement of the last sentence 
        of clause 9 of rule XXII by a vote of less than two-thirds of 
        the Members voting, a quorum being present.''.
    (b) Conforming Amendment.--Clause 6(a) of rule XIII of the Rules of 
the House of Representatives is amended by striking subparagraph (2), 
by inserting ``or'' after the semicolon at the end of subparagraph (1), 
and by redesignating subparagraph (3) as subparagraph (2).

SEC. 106. TWO-THIRDS REQUIREMENT FOR AVAILABILITY OF CERTAIN MEASURES 
              ON THE INTERNET.

    (a) Committee Reports.--Clause 4(a)(1) of rule XIII of the Rules of 
the House of Representatives is amended by inserting ``and until the 
third such calendar day on which the underlying measure or matter has 
been made available by the Committee on Rules on its Internet site'' 
before the period.
    (b) Conference Reports.--Clause 8(a)(1)(A) of rule XXII of the 
Rules of the House of Representatives is amended by inserting ``and 
until the third such calendar day on which such conference report and 
joint explanatory statement have been made available by the standing 
committee of the House with subject matter jurisdiction over the 
underlying legislation on its Internet site'' before the semicolon.

SEC. 107. COMMITTEE ON HOUSE ADMINISTRATION.

    In rule X of the Rules of the House of Representatives, clause 5(a) 
is amended by adding at the end the following new subparagraph:
    ``(5)(A) One-half of the members of the Committee on House 
Administration shall be from the majority party and one-half shall be 
from the minority party.
    ``(B) In the case of the Committee on House Administration, 
subpoenas may be authorized and issued as provided by clause 2(m) of 
rule XI, except that either the chairman or ranking minority party 
member of that committee may authorize and issue subpoenas under that 
clause.''.

SEC. 108. CONTROL OF COMMITTEE ON GOVERNMENT REFORM.

    In rule X, clause 5(a) (as amended by section 107) is further 
amended by adding the following new subparagraph:
    ``(6) Notwithstanding the provisions of paragraph (c)(1), the 
majority of the membership, including the chairman, of the Committee on 
Government Reform, shall be composed of Members of a major political 
party other than the political party of which the President of the 
United States is a member.''.

SEC. 109. CONFERENCE COMMITTEE DISCLOSURE REQUIREMENT.

    (a) Clear Identification of New Material in Conference Reports.--In 
rule XXII, clause 7(e) is amended by adding at the end the following 
new sentence: ``The joint explanatory statement shall separately 
identify and explain each provision of the report which was not 
contained in the bill or resolution (or House or Senate amendment 
thereto, as applicable) for which the committee of conference was held, 
and, if possible, identify the Member who proposed such provision.''.
    (b) Sense of the Congress on Conference Committee Protocols.--It is 
the sense of the Congress that--
            (1) conference committees should hold regular, formal 
        meetings of all conferees;
            (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. 110. CREATION OF BIPARTISAN BLUE-RIBBON COMMISSION ON HOUSE 
              OVERSIGHT.

    (a) Establishment of Commission.--There is established a Commission 
to assess the extent to which the House of Representatives has upheld 
its constitutional responsibility to oversee the executive branch and 
suggest structural and procedural changes to improve the oversight 
processes.
    (b) Membership and Appointment.--(1) The Commission shall be 
composed of 10 members of whom 5 shall be appointed by the Speaker of 
the House and 5 by the minority leader of the House from among 
individuals who have significant knowledge or experience in the matters 
to be studied by the Commission.
    (2) Of the members appointed by the Speaker and by the minority 
leader, one appointed by each shall be a former member of the House of 
Representatives and one appointed by each shall be a former officer or 
employee of the executive branch.
    (3) A vacancy in the Commission shall be filled in the manner in 
which the original appointment was made.
    (4) Six members of the Commission shall constitute a quorum, but a 
lesser number may hold hearings.
    (5) The Commission shall have 2 co-chairs. One shall be designated 
by the Speaker and one by the minority leader from among the members of 
the Commission appointed by such individual.
    (6) The Commission shall meet at the call of the co-chairmen.
    (7) Each member of the Commission who is not an officer or employee 
of the Government shall be compensated at a rate equal to the daily 
equivalent of the annual rate of basic pay prescribed for level IV of 
the Executive Schedule under section 5315 of title 5, United States 
Code, for each day (including travel time) during which such member is 
engaged in the performance of the duties of the Commission. All members 
of the Commission who are officers or employees of the United States 
shall serve without compensation in addition to that received for their 
services as officers or employees of the United States. The members of 
the Commission shall be allowed travel expenses, including per diem in 
lieu of subsistence, at rates authorized for employees of agencies 
under subchapter I of chapter 57 of title 5, United States Code, while 
away from their homes or regular places of business in the performance 
of services for the Commission.
    (c) Director and Staff.--The Director and staff of the Commission 
shall be appointed without regard to the civil service laws and 
regulations. The Director shall be compensated at the rate payable for 
level V of the Executive Schedule under section 5316 of title 5, United 
States Code. The co-chairmen may fix the compensation of other 
personnel without regard to the provisions of chapter 51 and subchapter 
III of chapter 53 of such title, relating to classification of 
positions and General Schedule pay rates, except that the rate of pay 
for such personnel may not exceed the rate payable for level V of the 
Executive Schedule under section 5316 of such title.
    (d) Powers.--The Commission may, for the purpose of carrying out 
this section, hold such hearings, sit and act at such times and places, 
take such testimony, and receive such evidence as the Commission 
considers appropriate.
    (e) Report.--The Commission shall transmit a final report to the 
House of Representatives not later than one year after the date of 
enactment of this Act. The final report shall contain a detailed report 
of the findings and conclusions of the Commission, together with its 
recommendations for such legislation as it considers appropriate.
    (f) Termination.--The Commission shall cease to exist 30 days after 
submitting its final report pursuant to subsection (e).

   TITLE II--REFORMING LOBBYING DISCLOSURE AND CONFLICT-OF-INTEREST 
                               PROVISIONS

SEC. 201. EXTENSION OF CERTAIN POST-EMPLOYMENT LOBBYING RESTRICTIONS.

    (a) Senior Executive Personnel.--Section 207(c)(1) of title 18, 
United States Code, is amended by striking ``within 1 year after'' and 
inserting ``within 3 years after''.
    (b) Members of Congress.--Section 207(e)(1) of such title is 
amended by adding at the end the following new subparagraph:
            ``(E)(i) Any person who is a Member of Congress and who, 
        within 3 years after that person leaves office, knowingly 
        makes, with the intent to influence, any communication to or 
        appearance before any person who is a Member or an employee of 
        a committee described in clause (ii) on behalf of any other 
        person (except the United States) in connection with any matter 
        on which such former Member of Congress seeks action by a 
        Member, officer, or employee of that committee, in his or her 
        official capacity, shall be punished as provided in section 216 
        of this title.
            ``(ii) A committee referred to in clause (i) is any 
        committee of which the former Member of Congress was a Member 
        within 1 year before leaving office.''.

SEC. 202. ELECTRONIC FILING OF LOBBYING DISCLOSURE REPORTS.

     Section 5 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1604) 
is amended by adding at the end the following new subsection:
    ``(d) Electronic Filing Required.--A report required to be filed 
under this section shall be filed in electronic form, in addition to 
any other form that may be required by the Secretary of the Senate or 
the Clerk of the House of Representatives.''.

SEC. 203. PUBLIC DATABASE OF LOBBYING DISCLOSURE INFORMATION.

    (a) Database Required.--Section 6 of the Lobbying Disclosure Act of 
1995 (2 U.S.C. 1605) is amended--
            (1) in paragraph (7) by striking ``and'' at the end;
            (2) in paragraph (8) by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(9) maintain, and make available to the public over the 
        Internet, without a fee or other access charge, in a 
        searchable, sortable, and downloadable manner, an electronic 
        database that--
                    ``(A) includes the information contained in 
                registrations and reports filed under this Act;
                    ``(B) directly links the information it contains to 
                the information disclosed in reports filed with the 
                Federal Election Commission under section 304 of the 
                Federal Election Campaign Act of 1971 (2 U.S.C. 434); 
                and
                    ``(C) is searchable and sortable to the maximum 
                extent practicable, including searchable and sortable 
                by each of the categories of information described in 
                section 4(b) or 5(b).''.
    (b) Availability of Reports.--Section 6 of such Act is further 
amended in paragraph (4) by inserting before the semicolon at the end 
the following: ``and, in the case of a report filed in electronic form 
pursuant to section 5(d), shall make such report available for public 
inspection over the Internet not more than 48 hours after the report is 
so filed''.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out paragraph (9) 
of section 6 of such Act, as added by subsection (a).

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