reforms of '07?

[John Wonderlich]

Hello, and Happy new year.

We're hoping to make a list of congressional transparency reform from 2007, and I'm wondering what should be included.

Anyone have ideas?

Since there's so much happening, we might do well to divide things into two groups, one for things explicitly approved, and one for things in progress.

john


--
John Wonderlich

Program Director
The Sunlight Foundation
(202) 742-1520 ext. 234

[John Wonderlich]

I should add that Josh has been keeping up a great page of pending transparency legislation here on the OHP blog.

[Paul Blumenthal]

Here's a couple bills that became law this year. Anybody else have others? Rule changes?

S.1 Honest Leadership and Open Government Act of 2007:

1. Requires online posting of committee hearing transcripts/audio/video (Senate only)
2. Expands lobbyist disclosure to require quarterly filing, disclosure of bundled contributions, mandatory electronic filing and maintenance of online databases, disclosure of past executive branch and congressional experience, mandatory electronic filing and maintenance of online databases for foreign lobbyists
3. Disclosure of employment negotiations for Members and staff
4. Creation of online databases for travel reports (House and Senate) and personal financial disclosure (House only)
5. Disclosure of earmarks in bills online (loopholes, of course, exist)

S.2488 OPEN Government Act of 2007:

1. Encourages faster FOIA response time in agencies
2. Enables FOIA requesters to track the status of their requests
3. Brings contractors under FOIA
4. Expands the basis to waive fees for FOIA duplication
5. Creates an Office of Government Information within NARA

---

From: openhous...@googlegroups.com [mailto:openhous...@googlegroups.com] On Behalf Of John Wonderlich
Sent: Friday, January 04, 2008 11:59 AM
To: openhous...@googlegroups.com
Subject: [openhouseproject] reforms of '07?

[John Wonderlich]

Here's our list of 2007 transparency reforms, developed further...  Are we missing anything?

Transparency bills that passed in 110th Congress, 1st session:

    1. S.1 Honest Leadership and Open Government Act of 2007:

• Requires online posting of committee hearing transcripts/audio/video (Senate only)
• Expands lobbyist disclosure to require quarterly filing, disclosure of bundled contributions, mandatory electronic filing and maintenance of online databases, disclosure of past executive branch and congressional experience, mandatory electronic filing and maintenance of online databases for foreign lobbyists
• Disclosure of employment negotiations for Members and staff
• Creation of online databases for travel reports (House and Senate) and personal financial disclosure (House only)
• Disclosure of earmarks in bills online (loopholes, of course, exist)

    2. S.2488 OPEN Government Act of 2007:

• Encourages faster FOIA response time in agencies
• Enables FOIA requesters to track the status of their requests
• Brings contractors under FOIA
• Expands the basis to waive fees for FOIA duplication
• Creates an Office of Government Information within NARA

    3. OTA funding implemented as part of GAO:  

Other developments during 110th Congress, 1st session:

1. C-SPAN changed its copyright policy to allow reproduction on the Web
2. Seven Members of Congress posted daily schedules to their official Web sites
3. Two Members of Congress posted their personal financial disclosures to their official Web sites
4. The number of Members blogging and posting their earmarks increased dramatically
5. Launch of OMB spending and earmark online database
6. Launch of FARA online database
7. Redesign of SOPR lobbyist disclosure online database

Pending for 110th Congress, 2nd session:  (see also here )

1. S.2321 E-Government Reauthorization Act of 2007 (Hearings held in the Senate)
   
2. Review of Franking Regulations for Member Web sites
3. H.R.1362 Accountability in Contracting Act of 2007 (Passed the House)
4. S. Res. 401 A resolution to provide Internet access to certain Congressional Research Service publications
5. Lieberman's statement that Senate votes should be in XML, in support of THOMAS upgrades

[Greg Elin]

Do we want to add something regarding conforming to the principles of open government data?

Greg Elin
Chief Data Architect
Sunlight Foundation (http://sunlightfoundation.com )
Sunlight Labs (http://sunlightlabs.com)
ge...@sunlightfoundation.com
cell: 917-304-3488

[zblkbut...@yahoo.com]

How about,

 

If a member of Congress is guilty or confess to a felony crime while serving in office , he/she, shall forfeit all privileges afforded to him/her as a member of Congress. This shall include, but not limited to, retirement benefits, health insurance benefits, use of Congressional gym, and access to the Capitol campus.

 

In other words, I deplore the idea that Duke Cunningham is receiving retirement benefits, etc.,  while serving time in prison. Many citizens who are serving a sentence in a federal prison,  are not eligible to receive any benefits. So why should Duke or any other political criminal/gangster/thug be treated differently?  After all, it is our tax dollars that affords the retired benefits the retired representatives receive.  Think this may deter member from being dishonest and a rule such as this one could apply to their staff members as well.  What do you think?

Greg Elin <ge...@sunlightfoundation.com> wrote:

sans ms" color=#0060bf size=3>~Walt Whitman

[John Wonderlich]

It took a little searching, but pensions for members of Congress convicted of crimes was addressed in S1, although it doesn't apply ex post facto.  Not necessarily related to information access, but still a significant reform.  See section 401 of S1, listed below.

John

SEC. 401. LOSS OF PENSIONS ACCRUED DURING SERVICE AS A MEMBER OF CONGRESS FOR ABUSING THE PUBLIC TRUST.

(a) Civil Service Retirement System- Section 8332 of title 5, United States Code, is amended by adding at the end the following:

`(o)(1) Notwithstanding any other provision of this subchapter, the service of an individual finally convicted of an offense described in paragraph (2) shall not be taken into account for purposes of this subchapter, except that this sentence applies only to service rendered as a Member (irrespective of when rendered). Any such individual (or other person determined under section 8342(c), if applicable) shall be entitled to be paid so much of such individual's lump-sum credit as is attributable to service to which the preceding sentence applies.

`(2)(A) An offense described in this paragraph is any offense described in subparagraph (B) for which the following apply:

`(i) Every act or omission of the individual (referred to in paragraph (1)) that is needed to satisfy the elements of the offense occurs while the individual is a Member.

`(ii) Every act or omission of the individual that is needed to satisfy the elements of the offense directly relates to the performance of the individual's official duties as a Member.

`(iii) The offense is committed after the date of enactment of this subsection.

`(B) An offense described in this subparagraph is only the following, and only to the extent that the offense is a felony:

`(i) An offense under section 201 of title 18 (relating to bribery of public officials and witnesses).

`(ii) An offense under section 219 of title 18 (relating to officers and employees acting as agents of foreign principals).

`(iii) An offense under section 1343 of title 18 (relating to fraud by wire, radio, or television, including as part of a scheme to deprive citizens of honest services thereby).

`(iv) An offense under section 104(a) of the Foreign Corrupt Practices Act of 1977 (relating to prohibited foreign trade practices by domestic concerns).

`(v) An offense under section 1957 of title 18 (relating to engaging in monetary transactions in property derived from specified unlawful activity).

`(vi) An offense under section 1512 of title 18 (relating to tampering with a witness, victim, or an informant).

`(vii) An offense under chapter 96 of title 18 (relating to racketeer influenced and corrupt organizations).

`(viii) An offense under section 371 of title 18 (relating to conspiracy to commit offense or to defraud United States), to the extent of any conspiracy to commit an act which constitutes--

`(I) an offense under clause (i), (ii), (iii), (iv), (v), (vi), or (vii); or

`(II) an offense under section 207 of title 18 (relating to restrictions on former officers, employees, and elected officials of the executive and legislative branches).

`(ix) Perjury committed under section 1621 of title 18 in falsely denying the commission of an act which constitutes--

`(I) an offense under clause (i), (ii), (iii), (iv), (v), (vi), or (vii); or

`(II) an offense under clause (viii), to the extent provided in such clause.

`(x) Subornation of perjury committed under section 1622 of title 18 in connection with the false denial or false testimony of another individual as specified in clause (ix).

`(3) An individual convicted of an offense described in paragraph (2) shall not, after the date of the final conviction, be eligible to participate in the retirement system under this subchapter or chapter 84 while serving as a Member.

`(4) The Office of Personnel Management shall prescribe any regulations necessary to carry out this subsection. Such regulations shall include--

`(A) provisions under which interest on any lump-sum payment under the second sentence of paragraph (1) shall be limited in a manner similar to that specified in the last sentence of section 8316(b); and

`(B) provisions under which the Office may provide for--

`(i) the payment, to the spouse or children of any individual referred to in the first sentence of paragraph (1), of any amounts which (but for this clause) would otherwise have been nonpayable by reason of such first sentence, subject to paragraph (5); and

`(ii) an appropriate adjustment in the amount of any lump-sum payment under the second sentence of paragraph (1) to reflect the application of clause (i).

`(5) Regulations to carry out clause (i) of paragraph (4)(B) shall include provisions to ensure that the authority to make any payment to the spouse or children of an individual under such clause shall be available only to the extent that the application of such clause is considered necessary and appropriate taking into account the totality of the circumstances, including the financial needs of the spouse or children, whether the spouse or children participated in an offense described in paragraph (2) of which such individual was finally convicted, and what measures, if any, may be necessary to ensure that the convicted individual does not benefit from any such payment.

`(6) For purposes of this subsection--

`(A) the terms `finally convicted' and `final conviction' refer to a conviction (i) which has not been appealed and is no longer appealable because the time for taking an appeal has expired, or (ii) which has been appealed and the appeals process for which is completed;

`(B) the term `Member' has the meaning given such term by section 2106, notwithstanding section 8331(2); and

`(C) the term `child' has the meaning given such term by section 8341.'.

(b) Federal Employees' Retirement System- Section 8411 of title 5, United States Code, is amended by adding at the end the following:

`(l)(1) Notwithstanding any other provision of this chapter, the service of an individual finally convicted of an offense described in paragraph (2) shall not be taken into account for purposes of this chapter, except that this sentence applies only to service rendered as a Member (irrespective of when rendered). Any such individual (or other person determined under section 8424(d), if applicable) shall be entitled to be paid so much of such individual's lump-sum credit as is attributable to service to which the preceding sentence applies.

`(2) An offense described in this paragraph is any offense described in section 8332(o)(2)(B) for which the following apply:

`(A) Every act or omission of the individual (referred to in paragraph (1)) that is needed to satisfy the elements of the offense occurs while the individual is a Member.

`(B) Every act or omission of the individual that is needed to satisfy the elements of the offense directly relates to the performance of the individual's official duties as a Member.

`(C) The offense is committed after the date of enactment of this subsection.

`(3) An individual convicted of an offense described in paragraph (2) shall not, after the date of the final conviction, be eligible to participate in the retirement system under this chapter while serving as a Member.

`(4) The Office of Personnel Management shall prescribe any regulations necessary to carry out this subsection. Such regulations shall include--

`(A) provisions under which interest on any lump-sum payment under the second sentence of paragraph (1) shall be limited in a manner similar to that specified in the last sentence of section 8316(b); and

`(B) provisions under which the Office may provide for--

`(i) the payment, to the spouse or children of any individual referred to in the first sentence of paragraph (1), of any amounts which (but for this clause) would otherwise have been nonpayable by reason of such first sentence, subject to paragraph (5); and

`(ii) an appropriate adjustment in the amount of any lump-sum payment under the second sentence of paragraph (1) to reflect the application of clause (i).

`(5) Regulations to carry out clause (i) of paragraph (4)(B) shall include provisions to ensure that the authority to make any payment under such clause to the spouse or children of an individual shall be available only to the extent that the application of such clause is considered necessary and appropriate taking into account the totality of the circumstances, including the financial needs of the spouse or children, whether the spouse or children participated in an offense described in paragraph (2) of which such individual was finally convicted, and what measures, if any, may be necessary to ensure that the convicted individual does not benefit from any such payment.

`(6) For purposes of this subsection--

`(A) the terms `finally convicted' and `final conviction' refer to a conviction (i) which has not been appealed and is no longer appealable because the time for taking an appeal has expired, or (ii) which has been appealed and the appeals process for which is completed;

`(B) the term `Member' has the meaning given such term by section 2106, notwithstanding section 8401(20); and

`(C) the term `child' has the meaning given such term by section 8441.'.

On Jan 6, 2008 7:48 PM, zblkbut...@yahoo.com <zblkbut...@yahoo.com> wrote:

How about,

 

If a member of Congress is guilty or confess to a felony crime while serving in office , he/she, shall forfeit all privileges afforded to him/her as a member of Congress. This shall include, but not limited to, retirement benefits, health insurance benefits, use of Congressional gym, and access to the Capitol campus.

 

In other words, I deplore the idea that Duke Cunningham is receiving retirement benefits, etc.,  while serving time in prison. Many citizens who are serving a sentence in a federal prison,  are not eligible to receive any benefits. So why should Duke or any other political criminal/gangster/thug be treated differently?  After all, it is our tax dollars that affords the retired benefits the retired representatives receive.  Think this may deter member from being dishonest and a rule such as this one could apply to their staff members as well.  What do you think?

Greg Elin <ge...@sunlightfoundation.com> wrote:

Do we want to add something regarding conforming to the principles of open government data?

Greg Elin
Chief Data Architect
Sunlight Foundation (http://sunlightfoundation.com )

Sunlight Labs ( http://sunlightlabs.com)

[John Wonderlich]

Two more pieces of transparency reform legislation underway for 2008:

First, the Presidential Library Donation Reform Act of 2007, (HR 1254) saying... "Any Presidential library fundraising organization shall submit on a quarterly basis, in accordance with paragraph (2), information with respect to..."

Second, here's the Presidential Records Acts Amendments of 2007, (HR 1255) saying... "`(a)(1) When the Archivist determines under this chapter to make available to the public any Presidential record that has not previously been made available to the public, the Archivist shall..." and "Executive Order No. 13233, dated November 1, 2001 (66 Fed. Reg. 56025), shall have no force or effect." among other things.  (link to executive order)

Again, the OHP page also has legislation on Congress relevant to the report as well.

John