[110th Congress Public Law 81]
[From the U.S. Government Printing Office]
[DOCID: f:publ081.110]
[[Page 121 STAT. 735]]
Public Law 110-81
110th Congress
An Act
To provide greater transparency in the legislative
process. <<NOTE: Sept. 14, 2007 - [S. 1]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: Honest Leadership and
Open Government Act of 2007. 2 USC 1601 note.>> assembled,
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Honest Leadership
and Open Government Act of 2007''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title and table of contents.
TITLE I--CLOSING THE REVOLVING DOOR
Sec. 101. Amendments to restrictions on former officers, employees, and
elected officials of the executive and legislative branches.
Sec. 102. Wrongfully influencing a private entity's employment decisions
or practices.
Sec. 103. Notification of post-employment restrictions.
Sec. 104. Exception to restrictions on former officers, employees, and
elected officials of the executive and legislative branch.
Sec. 105. Effective date.
TITLE II--FULL PUBLIC DISCLOSURE OF LOBBYING
Sec. 201. Quarterly filing of lobbying disclosure reports.
Sec. 202. Additional disclosure.
Sec. 203. Semiannual reports on certain contributions.
Sec. 204. Disclosure of bundled contributions.
Sec. 205. Electronic filing of lobbying disclosure reports.
Sec. 206. Prohibition on provision of gifts or travel by registered
lobbyists to Members of Congress and to congressional
employees.
Sec. 207. Disclosure of lobbying activities by certain coalitions and
associations.
Sec. 208. Disclosure by registered lobbyists of past executive branch
and congressional employment.
Sec. 209. Public availability of lobbying disclosure information;
maintenance of information.
Sec. 210. Disclosure of enforcement for noncompliance.
Sec. 211. Increased civil and criminal penalties for failure to comply
with lobbying disclosure requirements.
Sec. 212. Electronic filing and public database for lobbyists for
foreign governments.
Sec. 213. Comptroller General audit and annual report.
Sec. 214. Sense of Congress.
Sec. 215. Effective date.
TITLE III--MATTERS RELATING TO THE HOUSE OF REPRESENTATIVES
Sec. 301. Disclosure by Members and staff of employment negotiations.
Sec. 302. Prohibition on lobbying contacts with spouse of Member who is
a registered lobbyist.
Sec. 303. Treatment of firms and other businesses whose members serve as
House committee consultants.
Sec. 304. Posting of travel and financial disclosure reports on public
website of Clerk of the House of Representatives.
[[Page 121 STAT. 736]]
Sec. 305. Prohibiting participation in lobbyist-sponsored events during
political conventions.
Sec. 306. Exercise of rulemaking Authority.
TITLE IV--CONGRESSIONAL PENSION ACCOUNTABILITY
Sec. 401. Loss of pensions accrued during service as a Member of
Congress for abusing the public trust.
TITLE V--SENATE LEGISLATIVE TRANSPARENCY AND ACCOUNTABILITY
Subtitle A--Procedural Reform
Sec. 511. Amendments to rule XXVIII.
Sec. 512. Notice of objecting to proceeding.
Sec. 513. Public availability of Senate committee and subcommittee
meetings.
Sec. 514. Amendments and motions to recommit.
Sec. 515. Sense of the Senate on conference committee protocols.
Subtitle B--Earmark Reform
Sec. 521. Congressionally directed spending.
Subtitle C--Revolving Door Reform
Sec. 531. Post-employment restrictions.
Sec. 532. Disclosure by Members of Congress and staff of employment
negotiations.
Sec. 533. Elimination of floor privileges for former Members, Senate
officers, and Speakers of the House who are registered
lobbyists or seek financial gain.
Sec. 534. Influencing hiring decisions.
Sec. 535. Notification of post-employment restrictions.
Subtitle D--Gift and Travel Reform
Sec. 541. Ban on gifts from registered lobbyists and entities that hire
registered lobbyists.
Sec. 542. National party conventions.
Sec. 543. Proper valuation of tickets to entertainment and sporting
events.
Sec. 544. Restrictions on registered lobbyist participation in travel
and disclosure.
Sec. 545. Free attendance at a constituent event.
Sec. 546. Senate privately paid travel public website.
Subtitle E--Other Reforms
Sec. 551. Compliance with lobbying disclosure.
Sec. 552. Prohibit official contact with spouse or immediate family
member of Member who is a registered lobbyist.
Sec. 553. Mandatory Senate ethics training for Members and staff.
Sec. 554. Annual report by Select Committee on Ethics.
Sec. 555. Exercise of rulemaking powers.
Sec. 556. Effective date and general provisions.
TITLE VI--PROHIBITED USE OF PRIVATE AIRCRAFT
Sec. 601. Restrictions on Use of Campaign Funds for Flights on
Noncommercial Aircraft.
TITLE VII--MISCELLANEOUS PROVISIONS
Sec. 701. Sense of the Congress that any applicable restrictions on
congressional officials and employees should apply to the
executive and judicial branches.
Sec. 702. Knowing and willful falsification or failure to report.
Sec. 703. Rule of construction.
TITLE I--CLOSING THE REVOLVING DOOR
SEC. 101. AMENDMENTS TO RESTRICTIONS ON FORMER OFFICERS, EMPLOYEES, AND
ELECTED OFFICIALS OF THE EXECUTIVE AND LEGISLATIVE BRANCHES.
(a) Very Senior Executive Personnel.--The matter after subparagraph
(C) in section 207(d)(1) of title 18, United States
[[Page 121 STAT. 737]]
Code, is amended by striking ``within 1 year'' and inserting ``within 2
years''.
(b) Restrictions on Lobbying by Members of Congress and Employees of
Congress.--Subsection (e) of section 207 of title 18, United States
Code, is amended--
(1) by redesignating paragraph (7) as paragraph (9);
(2) by redesignating paragraphs (2) through (6) as
paragraphs (3) through (7), respectively;
(3) by striking paragraph (1) and inserting the following:
``(1) Members of congress and elected officers of the
house.--
``(A) Senators.--Any person who is a Senator and
who, within 2 years after that person leaves office,
knowingly makes, with the intent to influence, any
communication to or appearance before any Member,
officer, or employee of either House of Congress or any
employee of any other legislative office of the
Congress, on behalf of any other person (except the
United States) in connection with any matter on which
such former Senator seeks action by a Member, officer,
or employee of either House of Congress, in his or her
official capacity, shall be punished as provided in
section 216 of this title.
``(B) Members and officers of the house of
representatives.--(i) Any person who is a Member of the
House of Representatives or an elected officer of the
House of Representatives and who, within 1 year after
that person leaves office, knowingly makes, with the
intent to influence, any communication to or appearance
before any of the persons described in clause (ii) or
(iii), on behalf of any other person (except the United
States) in connection with any matter on which such
former Member of Congress or elected officer seeks
action by a Member, officer, or employee of either House
of Congress, in his or her official capacity, shall be
punished as provided in section 216 of this title.
``(ii) The persons referred to in clause (i) with
respect to appearances or communications by a former
Member of the House of Representatives are any Member,
officer, or employee of either House of Congress and any
employee of any other legislative office of the
Congress.
``(iii) The persons referred to in clause (i) with
respect to appearances or communications by a former
elected officer are any Member, officer, or employee of
the House of Representatives.
``(2) Officers and staff of the senate.--Any person who is
an elected officer of the Senate, or an employee of the Senate
to whom paragraph (7)(A) applies, and who, within 1 year after
that person leaves office or employment, knowingly makes, with
the intent to influence, any communication to or appearance
before any Senator or any officer or employee of the Senate, on
behalf of any other person (except the United States) in
connection with any matter on which such former elected officer
or former employee seeks action by a Senator or an officer or
employee of the Senate, in his or her official capacity, shall
be punished as provided in section 216 of this title.'';
[[Page 121 STAT. 738]]
(4) in paragraph (3) (as redesignated by paragraph (2) of
this subsection)--
(A) in subparagraph (A), by striking ``of a Senator
or an employee of a Member of the House of
Representatives'' and inserting ``of a Member of the
House of Representatives to whom paragraph (7)(A)
applies''; and
(B) in subparagraph (B)--
(i) in clause (i), by striking ``Senator or'';
and
(ii) in clause (ii), by striking ``Senator
or'';
(5) in paragraph (4) (as redesignated by paragraph (2) of
this subsection)--
(A) by striking ``committee of Congress'' and
inserting ``committee of the House of Representatives,
or an employee of a joint committee of the Congress
whose pay is disbursed by the Clerk of the House of
Representatives, to whom paragraph (7)(A) applies''; and
(B) by inserting ``or joint committee (as the case
may be)'' after ``committee'' each subsequent place that
term appears;
(6) in paragraph (5) (as redesignated by paragraph (2) of
this subsection)--
(A) in subparagraph (A), by striking ``or an
employee on the leadership staff of the Senate'' and
inserting ``to whom paragraph (7)(A) applies''; and
(B) in subparagraph (B), by striking ``the
following:'' and all that follows through the end of
clause (ii) and inserting ``any Member of the leadership
of the House of Representatives and any employee on the
leadership staff of the House of Representatives.'';
(7) in paragraph (6)(A) (as redesignated by paragraph (2) of
this subsection), by inserting ``to whom paragraph (7)(B)
applies'' after ``office of the Congress'';
(8) in paragraph (7) (as redesignated by paragraph (2) of
this subsection)--
(A) in subparagraph (A), by striking ``and (4)'' and
inserting ``(4), and (5)''; and
(B) in subparagraph (B)--
(i) by striking ``(5)'' and inserting ``(6)'';
(ii) in subparagraph (B), by striking ``(or
any comparable adjustment pursuant to interim
authority of the President)''; and
(iii) by striking ``level 5 of the Senior
Executive Service'' and inserting ``level IV of
the Executive Schedule'';
(9) by inserting after paragraph (7) (as redesignated by
paragraph (2) of this subsection) the following:
``(8) Exception.--This subsection shall not apply to
contacts with the staff of the Secretary of the Senate or the
Clerk of the House of Representatives regarding compliance with
lobbying disclosure requirements under the Lobbying Disclosure
Act of 1995.''; and
(10) in paragraph (9)(G) (as redesignated by paragraph (1)
of this subsection)--
(A) by striking ``the Copyright Royalty Tribunal,'';
and
(B) by striking ``or (4)'' and inserting ``(4), or
(5)''.
[[Page 121 STAT. 739]]
SEC. 102. WRONGFULLY INFLUENCING A PRIVATE ENTITY'S EMPLOYMENT DECISIONS
OR PRACTICES.
(a) In General.--Chapter 11 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 227. Wrongfully influencing a private entity's employment
decisions by a Member of Congress
``Whoever, <<NOTE: Penalties.>> being a Senator or Representative
in, or a Delegate or Resident Commissioner to, the Congress or an
employee of either House of Congress, with the intent to influence,
solely on the basis of partisan political affiliation, an employment
decision or employment practice of any private entity--
``(1) takes or withholds, or offers or threatens to take or
withhold, an official act, or
``(2) influences, or offers or threatens to influence, the
official act of another,
shall be fined under this title or imprisoned for not more than 15
years, or both, and may be disqualified from holding any office of
honor, trust, or profit under the United States.''.
(b) <<NOTE: 18 USC 227 note.>> No Inference.--Nothing in section 227
of title 18, United States Code, as added by this section, shall be
construed to create any inference with respect to whether the activity
described in section 227 of title 18, United States Code, was a criminal
or civil offense before the enactment of this Act, including under
section 201(b), 201(c), any of sections 203 through 209, or section 872,
of title 18, United States Code.
(c) Conforming Amendment.--The table of sections for chapter 11 of
title 18, United States Code, is amended by adding at the end the
following:
``227. Wrongfully influencing a private entity's employment decisions by
a Member of Congress.''.
SEC. 103. <<NOTE: 2 USC 104d.>> NOTIFICATION OF POST-EMPLOYMENT
RESTRICTIONS.
(a) Notification of Post-Employment Restrictions.--After a Member of
Congress or an elected officer of either House of Congress leaves
office, or after the termination of employment with the House of
Representatives or the Senate of an employee who is covered under
paragraph (2), (3), (4), or (5) of section 207(e) of title 18, United
States Code, the Clerk of the House of Representatives, after
consultation with the Committee on Standards of Official Conduct, or the
Secretary of the Senate, as the case may be, shall notify the Member,
officer, or employee of the beginning and ending date of the
prohibitions that apply to the Member, officer, or employee under
section 207(e) of that title.
(b) Posting on Internet.--The Clerk of the House of Representatives,
with respect to notifications under subsection (a) relating to Members,
officers, and employees of the House, and the Secretary of the Senate,
with respect to such notifications relating to Members, officers, and
employees of the Senate, shall post the information contained in such
notifications on the public Internet site of the Office of the Clerk or
the Secretary of the Senate, as the case may be, in a format that, to
the extent technically practicable, is searchable, sortable, and
downloadable.
[[Page 121 STAT. 740]]
SEC. 104. EXCEPTION TO RESTRICTIONS ON FORMER OFFICERS, EMPLOYEES, AND
ELECTED OFFICIALS OF THE EXECUTIVE AND LEGISLATIVE BRANCH.
(a) In General.--Section 207(j)(1) of title 18, United States Code,
is amended--
(1) by striking ``The restrictions'' and inserting the
following:
``(A) In general.--The restrictions'';
(2) by moving the remaining text 2 ems to the right; and
(3) by adding at the end the following:
``(B) Tribal organizations and inter-tribal
consortiums.--The restrictions contained in this section
shall not apply to acts authorized by section 104(j) of
the Indian Self-Determination and Education Assistance
Act (25 U.S.C. 450i(j)).''.
(b) Conforming Amendment.--Section 104(j) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450i(j)) is
amended to read as follows:
``(j) Anything in sections 205 and 207 of title 18, United States
Code, to the contrary notwithstanding--
``(1) an officer or employee of the United States assigned
to a tribal organization (as defined in section 4(l)) or an
inter-tribal consortium (as defined in section 501), as
authorized under section 3372 of title 5, United States Code, or
section 2072 of the Revised Statutes (25 U.S.C. 48) may act as
agent or attorney for, and appear on behalf of, such tribal
organization or inter-tribal consortium in connection with any
matter related to a tribal governmental activity or Federal
Indian program or service 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:
Provided, That such officer or employee must advise in writing
the head of the department, agency, court, or commission with
which the officer or employee is dealing or appearing on behalf
of the tribal organization or inter-tribal consortium of any
personal and substantial involvement with the matter involved;
and
``(2) a former officer or employee of the United States who
is carrying out official duties as an employee or as an elected
or appointed official of a tribal organization (as defined in
section 4(l)) or inter-tribal consortium (as defined in section
501) may act as agent or attorney for, and appear on behalf of,
such tribal organization or intra-tribal consortium in
connection with any matter related to a tribal governmental
activity or Federal Indian program or service 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: Provided, That such former officer or
employee must advise in writing the head of the department,
agency, court, or commission with which the former officer or
employee is dealing or appearing on behalf of the tribal
organization or inter-tribal consortium of any personal and
substantial involvement that he or she may have had as an
officer or employee of the United States in connection with the
matter involved.''.
(c) <<NOTE: 18 USC 207 note.>> Effect of Section.--Except as
expressly identified in this section and in the amendments made by this
section, nothing in
[[Page 121 STAT. 741]]
this section or the amendments made by this section affects any other
provision of law.
SEC. 105. EFFECTIVE DATE.
(a) <<NOTE: 18 USC 207 note.>> Section 101.--The amendments made by
section 101 shall apply to individuals who leave Federal office or
employment to which such amendments apply on or after the date of
adjournment of the first session of the 110th Congress sine die or
December 31, 2007, whichever date is earlier.
(b) <<NOTE: 2 USC 227 note.>> Section 102.--The amendments made by
section 102 shall take effect on the date of the enactment of this Act.
(c) <<NOTE: 2 USC 104d note.>> Section 103.--
(1) Notification of post-employment restrictions.--
Subsection (a) of section 103 shall take effect on the 60th day
after the date of the enactment of this Act.
(2) Posting of information.--Subsection (b) of section 103
shall take effect January 1, 2008, except that the Secretary of
the Senate and the Clerk of the House of Representatives shall
post the information contained in notifications required by that
subsection that are made on or after the effective date provided
under paragraph (1) of this subsection.
(d) <<NOTE: 25 USC 450i note.>> Section 104.--The amendments made by
section 104 shall take effect on the date of the enactment of this Act,
except that section 104(j)(2) of the Indian Self-Determination and
Education Assistance Act (as amended by section 104(b)) shall apply to
individuals who leave Federal office or employment to which such
amendments apply on or after the 60th day after the date of the
enactment of this Act.
TITLE II--FULL PUBLIC DISCLOSURE OF LOBBYING
SEC. 201. QUARTERLY FILING OF LOBBYING DISCLOSURE REPORTS.
(a) Quarterly Filing Required.--Section 5 of the Lobbying Disclosure
Act of 1995 (2 U.S.C. 1604) is amended--
(1) in subsection (a)--
(A) by striking ``Semiannual'' and inserting
``Quarterly'';
(B) by striking ``45 days'' and all that follows
through ``section 4,'' and inserting ``20 days after the
end of the quarterly period beginning on the first day
of January, April, July, and October of each year in
which a registrant is registered under section 4, or on
the first business day after such 20th day if the 20th
day is not a business day,''; and
(C) by striking ``such semiannual period'' and
inserting ``such quarterly period''; and
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by
striking ``semiannual report'' and inserting ``quarterly
report'';
(B) in paragraph (2), by striking ``semiannual
filing period'' and inserting ``quarterly period'';
(C) in paragraph (3), by striking ``semiannual
period'' and inserting ``quarterly period''; and
(D) in paragraph (4), by striking ``semiannual
filing period'' and inserting ``quarterly period''.
[[Page 121 STAT. 742]]
(b) Conforming Amendments.--
(1) Definition.--Section 3(10) of the Lobbying Disclosure
Act of 1995 (2 U.S.C. 1602) is amended by striking ``six month
period'' and inserting ``3-month period''.
(2) Registration.--Section 4 of the Lobbying Disclosure Act
of 1995 (2 U.S.C. 1603) is amended--
(A) in subsection (a)(1), by inserting after
``earlier,'' the following: ``or on the first business
day after such 45th day if the 45th day is not a
business day,''; and
(B) in subsection (a)(3)(A), by striking
``semiannual period'' and inserting ``quarterly
period''.
(3) Enforcement.--Section 6 of the Lobbying Disclosure Act
of 1995 (2 U.S.C. 1605) is amended in paragraph (6) by striking
``semiannual period'' and inserting ``quarterly period''.
(4) Estimates.--Section 15 of the Lobbying Disclosure Act of
1995 (2 U.S.C. 1610) is amended--
(A) in subsection (a)(1), by striking ``semiannual
period'' and inserting ``quarterly period''; and
(B) in subsection (b)(1), by striking ``semiannual
period'' and inserting ``quarterly period''.
(5) Dollar amounts.--Section 4 of the Lobbying Disclosure
Act of 1995 (2 U.S.C. 1603) is further amended--
(A) in subsection (a)(3)(A)(i), by striking
``$5,000'' and inserting ``$2,500'';
(B) in subsection (a)(3)(A)(ii), by striking
``$20,000'' and inserting ``$10,000'';
(C) in subsection (b)(3)(A), by striking ``$10,000''
and inserting ``$5,000''; and
(D) in subsection (b)(4), by striking ``$10,000''
and inserting ``$5,000''.
(6) Reports.--Section 5(c) of the Lobbying Disclosure Act of
1995 (2 U.S.C. 1604(c)) is further amended--
(A) in paragraph (1), by striking ``$10,000'' and
``$20,000'' and inserting ``$5,000'' and ``$10,000'',
respectively; and
(B) in paragraph (2), by striking ``$10,000'' both
places such term appears and inserting ``$5,000''.
SEC. 202. ADDITIONAL DISCLOSURE.
Section 5(b) of the Lobbying Disclosure Act of 1995 (2 U.S.C.
1604(b)) is amended--
(1) in paragraph (3), by striking ``and'' after the
semicolon;
(2) in paragraph (4), by striking the period and inserting
``; and''; and
(3) by adding at the end of the following:
``(5) for each client, immediately after listing the client,
an identification of whether the client is a State or local
government or a department, agency, special purpose district, or
other instrumentality controlled by one or more State or local
governments.''.
SEC. 203. SEMIANNUAL REPORTS ON CERTAIN CONTRIBUTIONS.
(a) Other Contributions.--Section 5 of the Lobbying Disclosure Act
of 1995 (2 U.S.C. 1604) is further amended by adding at the end the
following:
``(d) Semiannual Reports on Certain Contributions.--
``(1) In general.--Not later than 30 days after the end of
the semiannual period beginning on the first day of January
[[Page 121 STAT. 743]]
and July of each year, or on the first business day after such
30th day if the 30th day is not a business day, each person or
organization who is registered or is required to register under
paragraph (1) or (2) of section 4(a), and each employee who is
or is required to be listed as a lobbyist under section 4(b)(6)
or subsection (b)(2)(C) of this section, shall file a report
with the Secretary of the Senate and the Clerk of the House of
Representatives containing--
``(A) the name of the person or organization;
``(B) in the case of an employee, his or her
employer;
``(C) the names of all political committees
established or controlled by the person or organization;
``(D) the name of each Federal candidate or
officeholder, leadership PAC, or political party
committee, to whom aggregate contributions equal to or
exceeding $200 were made by the person or organization,
or a political committee established or controlled by
the person or organization within the semiannual period,
and the date and amount of each such contribution made
within the semiannual period;
``(E) the date, recipient, and amount of funds
contributed or disbursed during the semiannual period by
the person or organization or a political committee
established or controlled by the person or
organization--
``(i) to pay the cost of an event to honor or
recognize a covered legislative branch official or
covered executive branch official;
``(ii) to an entity that is named for a
covered legislative branch official, or to a
person or entity in recognition of such official;
``(iii) to an entity established, financed,
maintained, or controlled by a covered legislative
branch official or covered executive branch
official, or an entity designated by such
official; or
``(iv) to pay the costs of a meeting, retreat,
conference, or other similar event held by, or in
the name of, 1 or more covered legislative branch
officials or covered executive branch officials,
except that this subparagraph shall not apply if the
funds are provided to a person who is required to report
the receipt of the funds under section 304 of the
Federal Election Campaign Act of 1971 (2 U.S.C. 434);
``(F) the name of each Presidential library
foundation, and each Presidential inaugural committee,
to whom contributions equal to or exceeding $200 were
made by the person or organization, or a political
committee established or controlled by the person or
organization, within the semiannual period, and the date
and amount of each such contribution within the
semiannual period; and
``(G) a certification by the person or organization
filing the report that the person or organization--
``(i) has read and is familiar with those
provisions of the Standing Rules of the Senate and
the Rules of the House of Representatives relating
to the provision of gifts and travel; and
``(ii) has not provided, requested, or
directed a gift, including travel, to a Member of
Congress or an
[[Page 121 STAT. 744]]
officer or employee of either House of Congress
with knowledge that receipt of the gift would
violate rule XXXV of the Standing Rules of the
Senate or rule XXV of the Rules of the House of
Representatives.
``(2) Definition.--In this subsection, the term `leadership
PAC' has the meaning given such term in section 304(i)(8)(B) of
the Federal Election Campaign Act of 1971.''.
(b) <<NOTE: 2 USC 1604 note.>> Effective Date.--The amendment made
by subsection (a) shall apply with respect to the first semiannual
period described in section 5(d)(1) of the Lobbying Disclosure Act of
1995 (as added by this section) that begins after the date of the
enactment of this Act and each succeeding semiannual period.
(c) Report on Requiring Quarterly Reports.--The Clerk of the House
of Representatives and the Secretary of the Senate shall submit a report
to the Congress, not later than 1 year after the date on which the first
reports are required to be made under section 5(d) of the Lobbying
Disclosure Act of 1995 (as added by this section), on the feasibility of
requiring the reports under such section 5(d) to be made on a quarterly,
rather than a semiannual, basis.
(d) Sense of Congress.--It is the sense of the Congress that after
the end of the 2-year period beginning on the day on which the amendment
made by subsection (a) of this section first applies, the reports
required under section 5(d) of the Lobbying Disclosure Act of 1995 (as
added by this section) should be made on a quarterly basis if it is
practicably feasible to do so.
SEC. 204. DISCLOSURE OF BUNDLED CONTRIBUTIONS.
(a) Disclosure.--Section 304 of the Federal Election Campaign Act of
1971 (2 U.S.C. 434) is amended by adding at the end the following new
subsection:
``(i) Disclosure of Bundled Contributions.--
``(1) Required disclosure.--
Each <<NOTE: Reports.>> committee described in paragraph (6)
shall include in the first report required to be filed under
this section after each covered period (as defined in paragraph
(2)) a separate schedule setting forth the name, address, and
employer of each person reasonably known by the committee to be
a person described in paragraph (7) who provided 2 or more
bundled contributions to the committee in an aggregate amount
greater than the applicable threshold (as defined in paragraph
(3)) during the covered period, and the aggregate amount of the
bundled contributions provided by each such person during the
covered period.
``(2) Covered period.--In this subsection, a `covered
period' means, with respect to a committee--
``(A) the period beginning January 1 and ending June
30 of each year;
``(B) the period beginning July 1 and ending
December 31 of each year; and
``(C) any reporting period applicable to the
committee under this section during which any person
described in paragraph (7) provided 2 or more bundled
contributions to the committee in an aggregate amount
greater than the applicable threshold.
``(3) Applicable threshold.--
``(A) In general.--In this subsection, the
`applicable threshold' is $15,000, except that in
determining whether
[[Page 121 STAT. 745]]
the amount of bundled contributions provided to a
committee by a person described in paragraph (7) exceeds
the applicable threshold, there shall be excluded any
contribution made to the committee by the person or the
person's spouse.
``(B) Indexing.--In any calendar year after 2007,
section 315(c)(1)(B) shall apply to the amount
applicable under subparagraph (A) in the same manner as
such section applies to the limitations established
under subsections (a)(1)(A), (a)(1)(B), (a)(3), and (h)
of such section, except that for purposes of applying
such section to the amount applicable under subparagraph
(A), the `base period' shall be 2006.
``(4) <<NOTE: Websites.>> Public availability.--The
Commission shall ensure that, to the greatest extent
practicable--
``(A) information required to be disclosed under
this subsection is publicly available through the
Commission website in a manner that is searchable,
sortable, and downloadable; and
``(B) <<NOTE: Internet.>> the Commission's public
database containing information disclosed under this
subsection is linked electronically to the websites
maintained by the Secretary of the Senate and the Clerk
of the House of Representatives containing information
filed pursuant to the Lobbying Disclosure Act of 1995.
``(5) <<NOTE: Deadlines.>> Regulations.--Not later than 6
months after the date of enactment of the Honest Leadership and
Open Government Act of 2007, the Commission shall promulgate
regulations to implement this subsection. Under such
regulations, the Commission--
``(A) may, notwithstanding paragraphs (1) and (2),
provide for quarterly filing of the schedule described
in paragraph (1) by a committee which files reports
under this section more frequently than on a quarterly
basis;
``(B) shall provide guidance to committees with
respect to whether a person is reasonably known by a
committee to be a person described in paragraph (7),
which shall include a requirement that committees
consult the websites maintained by the Secretary of the
Senate and the Clerk of the House of Representatives
containing information filed pursuant to the Lobbying
Disclosure Act of 1995;
``(C) may not exempt the activity of a person
described in paragraph (7) from disclosure under this
subsection on the grounds that the person is authorized
to engage in fundraising for the committee or any other
similar grounds; and
``(D) shall provide for the broadest possible
disclosure of activities described in this subsection by
persons described in paragraph (7) that is consistent
with this subsection.
``(6) Committees described.--A committee described in this
paragraph is an authorized committee of a candidate, a
leadership PAC, or a political party committee.
``(7) Persons described.--A person described in this
paragraph is any person, who, at the time a contribution is
forwarded to a committee as described in paragraph (8)(A)(i) or
[[Page 121 STAT. 746]]
is received by a committee as described in paragraph (8)(A)(ii),
is--
``(A) a current registrant under section 4(a) of the
Lobbying Disclosure Act of 1995;
``(B) an individual who is listed on a current
registration filed under section 4(b)(6) of such Act or
a current report under section 5(b)(2)(C) of such Act;
or
``(C) a political committee established or
controlled by such a registrant or individual.
``(8) Definitions.--For purposes of this subsection, the
following definitions apply:
``(A) Bundled contribution.--The term `bundled
contribution' means, with respect to a committee
described in paragraph (6) and a person described in
paragraph (7), a contribution (subject to the applicable
threshold) which is--
``(i) forwarded from the contributor or
contributors to the committee by the person; or
``(ii) received by the committee from a
contributor or contributors, but credited by the
committee or candidate involved (or, in the case
of a leadership PAC, by the individual referred to
in subparagraph (B) involved) to the person
through records, designations, or other means of
recognizing that a certain amount of money has
been raised by the person.
``(B) Leadership pac.--The term `leadership PAC'
means, with respect to a candidate for election to
Federal office or an individual holding Federal office,
a political committee that is directly or indirectly
established, financed, maintained or controlled by the
candidate or the individual but which is not an
authorized committee of the candidate or individual and
which is not affiliated with an authorized committee of
the candidate or individual, except that such term does
not include a political committee of a political
party.''.
(b) <<NOTE: 2 USC 434 note.>> Effective Date.--The amendment made by
subsection (a) shall apply with respect to reports filed under section
304 of the Federal Election Campaign Act after the expiration of the 3-
month period which begins on the date that the regulations required to
be promulgated by the Federal Election Commission under section
304(i)(5) of such Act (as added by subsection (a)) become final.
SEC. 205. ELECTRONIC FILING OF LOBBYING DISCLOSURE REPORTS.
Section 5 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1604) is
further amended by adding at the end the following:
``(e) 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 the Secretary of the Senate or the Clerk of the House of
Representatives may require or allow. The Secretary of the Senate and
the Clerk of the House of Representatives shall use the same electronic
software for receipt and recording of filings under this Act.''.
[[Page 121 STAT. 747]]
SEC. 206. PROHIBITION ON PROVISION OF GIFTS OR TRAVEL BY REGISTERED
LOBBYISTS TO MEMBERS OF CONGRESS AND TO CONGRESSIONAL
EMPLOYEES.
(a) Prohibition.--The Lobbying Disclosure Act of 1995 (2 U.S.C. 1601
et seq.) is amended by adding at the end the following:
``SEC. 25. <<NOTE: 2 USC 1613.>> PROHIBITION ON PROVISION OF GIFTS OR
TRAVEL BY REGISTERED LOBBYISTS TO MEMBERS OF CONGRESS AND TO
CONGRESSIONAL EMPLOYEES.
``(a) Prohibition.--Any person described in subsection (b) may not
make a gift or provide travel to a covered legislative branch official
if the person has knowledge that the gift or travel may not be accepted
by that covered legislative branch official under the Rules of the House
of Representatives or the Standing Rules of the Senate (as the case may
be).
``(b) Persons Subject to Prohibition.--The persons subject to the
prohibition under subsection (a) are any lobbyist that is registered or
is required to register under section 4(a)(1), any organization that
employs 1 or more lobbyists and is registered or is required to register
under section 4(a)(2), and any employee listed or required to be listed
as a lobbyist by a registrant under section 4(b)(6) or 5(b)(2)(C).''.
(b) <<NOTE: 2 USC 1613 note.>> Effective Date.--The amendment made
by this section shall take effect on the date of the enactment of this
Act.
SEC. 207. DISCLOSURE OF LOBBYING ACTIVITIES BY CERTAIN COALITIONS AND
ASSOCIATIONS.
(a) In General.--
(1) Disclosure.--Section 4(b)(3) of the Lobbying Disclosure
Act of 1995 (2 U.S.C. 1603(b)(3)) is amended--
(A) by amending subparagraph (A) to read as follows:
``(A) contributes more than $5,000 to the registrant
or the client in the quarterly period to fund the
lobbying activities of the registrant; and''; and
(B) by amending subparagraph (B) to read as follows:
``(B) actively participates in the planning,
supervision, or control of such lobbying activities;''.
(2) Updating of information.--Section 5(b)(1) of the
Lobbying Disclosure Act of 1995 (2 U.S.C. 1604(b)(1)) is amended
by inserting ``, including information under section 4(b)(3)''
after ``initial registration''.
(b) No Donor or Membership List Disclosure.--Section 4(b) of the
Lobbying Disclosure Act of 1995 (2 U.S.C. 1603(b)) is amended by adding
at the end the following:
``No disclosure is required under paragraph (3)(B) if the organization
that would be identified as affiliated with the client is listed on the
client's publicly accessible Internet website as being a member of or
contributor to the client, unless the organization in whole or in major
part plans, supervises, or controls such lobbying activities. If a
registrant relies upon the preceding sentence, the registrant must
disclose the specific Internet address of the web page containing the
information relied upon. Nothing in paragraph (3)(B) shall be construed
to require the disclosure of any information about individuals who are
members of, or donors to, an entity treated as a client by this Act or
an organization identified under that paragraph.''.
[[Page 121 STAT. 748]]
SEC. 208. DISCLOSURE BY REGISTERED LOBBYISTS OF PAST EXECUTIVE BRANCH
AND CONGRESSIONAL EMPLOYMENT.
Section 4(b)(6) of the Lobbying Disclosure Act of 1995 (2 U.S.C.
1603(b)(6)) is amended by striking ``in the 2 years'' and all that
follows through ``Act)'' and inserting ``in the 20 years before the date
on which the employee first acted''.
SEC. 209. <<NOTE: Internet.>> PUBLIC AVAILABILITY OF LOBBYING DISCLOSURE
INFORMATION; MAINTENANCE OF INFORMATION.
(a) Public Availability.--Section 6 of the Lobbying Disclosure Act
of 1995 (2 U.S.C. 1605) is further amended--
(1) in paragraph (7), by striking ``and'' at the end;
(2) in paragraph (8), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following new paragraphs:
``(9) maintain all registrations and reports filed under
this Act, and make them available to the public over the
Internet, without a fee or other access charge, in a searchable,
sortable, and downloadable manner, to the extent technically
practicable, that--
``(A) includes the information contained in the
registrations and reports;
``(B) 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); and
``(C) provides electronic links or other appropriate
mechanisms to allow users to obtain relevant information
in the database of the Federal Election Commission; and
``(10) retain the information contained in a registration or
report filed under this Act for a period of 6 years after the
registration or report (as the case may be) is filed.''.
(b) Availability of Reports.--Section 6(4) of the Lobbying
Disclosure Act of 1995 (2 U.S.C. 1605) is amended by inserting before
the semicolon at the end the following: ``and, in the case of a report
filed in electronic form under section 5(e), make such report available
for public inspection over the Internet as soon as technically
practicable 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 the Lobbying Disclosure Act of 1995 (2 U.S.C. 1605), as
added by subsection (a) of this section.
SEC. 210. DISCLOSURE OF ENFORCEMENT FOR NONCOMPLIANCE.
Section 6 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1605) is
further amended--
(1) by striking ``The Secretary'' and inserting ``(a) In
General.--The Secretary''; ;
(2) in paragraph (9), by striking ``and'' at the end;
(3) in paragraph (10), by striking the period and inserting
``; and'';
(4) by adding after paragraph (10) the following:
``(11) <<NOTE: Public information. Deadline.>> make publicly
available, on a semiannual basis, the aggregate number of
registrants referred to the United States Attorney for the
District of Columbia for noncompliance as required by paragraph
(8).''; and
(5) by adding at the end the following:
[[Page 121 STAT. 749]]
``(b) Enforcement Report.--
``(1) Report.--The Attorney General shall report to the
congressional committees referred to in paragraph (2), after the
end of each semiannual period beginning on January 1 and July 1,
the aggregate number of enforcement actions taken by the
Department of Justice under this Act during that semiannual
period and, by case, any sentences imposed, except that such
report shall not include the names of individuals, or personally
identifiable information, that is not already a matter of public
record.
``(2) Committees.--The congressional committees referred to
in paragraph (1) are the Committee on Homeland Security and
Governmental Affairs and the Committee on the Judiciary of the
Senate and the Committee on the Judiciary of the House of
Representatives.''.
SEC. 211. INCREASED CIVIL AND CRIMINAL PENALTIES FOR FAILURE TO COMPLY
WITH LOBBYING DISCLOSURE REQUIREMENTS.
(a) In General.--Section 7 of the Lobbying Disclosure Act of 1995 (2
U.S.C. 1606) is amended--
(1) by striking ``Whoever'' and inserting ``(a) Civil
Penalty.--Whoever'';
(2) by striking ``$50,000'' and inserting ``$200,000''; and
(3) by adding at the end the following:
``(b) Criminal Penalty.--Whoever knowingly and corruptly fails to
comply with any provision of this Act shall be imprisoned for not more
than 5 years or fined under title 18, United States Code, or both.''.
(b) <<NOTE: 2 USC 1606 note.>> Effective Date.--The amendments made
by subsection (a) shall apply to any violation committed on or after the
date of the enactment of this Act.
SEC. 212. ELECTRONIC FILING AND PUBLIC DATABASE FOR LOBBYISTS FOR
FOREIGN GOVERNMENTS.
(a) Electronic Filing.--Section 2 of the Foreign Agents Registration
Act of 1938, as amended (22 U.S.C. 612), is amended by adding at the end
the following new subsection:
``(g) Electronic Filing of Registration Statements and
Supplements.--A registration statement or supplement 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 Attorney General.''.
(b) Public Database.--Section 6 of the Foreign Agents Registration
Act of 1938, as amended (22 U.S.C. 616), is amended by adding at the end
the following new subsection:
``(d) Public Database of Registration Statements and Updates.--
``(1) In general.--The <<NOTE: Internet.>> Attorney General
shall maintain, and make available to the public over the
Internet, without a fee or other access charge, in a searchable,
sortable, and downloadable manner, to the extent technically
practicable, an electronic database that--
``(A) includes the information contained in
registration statements and updates filed under this
Act; and
``(B) is searchable and sortable, at a minimum, by
each of the categories of information described in
section 2(a).
[[Page 121 STAT. 750]]
``(2) Accountability.--The Attorney General shall make each
registration statement and update filed in electronic form
pursuant to section 2(g) available for public inspection over
the Internet as soon as technically practicable after the
registration statement or update is filed.''.
(c) <<NOTE: 22 USC 612 note.>> Effective Date.--The amendments made
by this section shall take effect on the 90th day after the date of the
enactment of this Act.
SEC. 213. COMPTROLLER GENERAL AUDIT AND ANNUAL REPORT.
(a) Annual Audits and Reports.--The Lobbying Disclosure Act of 1995
(2 U.S.C. 1601 et seq.) is further amended by adding at the end the
following:
``SEC. 26. <<NOTE: 2 USC 1614.>> ANNUAL AUDITS AND REPORTS BY
COMPTROLLER GENERAL.
``(a) Audit.--On an annual basis, the Comptroller General shall
audit the extent of compliance or noncompliance with the requirements of
this Act by lobbyists, lobbying firms, and registrants through a random
sampling of publicly available lobbying registrations and reports filed
under this Act during each calendar year.
``(b) Reports to Congress.--
``(1) Annual reports.--Not later than April 1 of each year,
the Comptroller General shall submit to the Congress a report on
the review required by subsection (a) for the preceding calendar
year. The report shall include the Comptroller General's
assessment of the matters required to be emphasized by that
subsection and any recommendations of the Comptroller General
to--
``(A) improve the compliance by lobbyists, lobbying
firms, and registrants with the requirements of this
Act; and
``(B) provide the Department of Justice with the
resources and authorities needed for the effective
enforcement of this Act.
``(2) Assessment of compliance.--The annual report under
paragraph (1) shall include an assessment of compliance by
registrants with the requirements of section 4(b)(3).
``(c) Access to Information.--The Comptroller General may, in
carrying out this section, request information from and access to any
relevant documents from any person registered under paragraph (1) or (2)
of section 4(a) and each employee who is listed as a lobbyist under
section 4(b)(6) or section 5(b)(2)(C) if the material requested relates
to the purposes of this section. The Comptroller General may request
such person to submit in writing such information as the Comptroller
General may prescribe. The Comptroller General may notify the Congress
in writing if a person from whom information has been requested under
this subsection refuses to comply with the request within 45 days after
the request is made.''.
(b) <<NOTE: 2 USC 1614 note.>> Initial Audit and Report.--The
initial audit under subsection (a) of section 26 of the Lobbying
Disclosure Act of 1995 (as added by subsection (a) of this section)
shall be made with respect to lobbying registrations and reports filed
during the first calendar quarter of 2008, and the initial report under
subsection (b) of such section shall be filed, with respect to those
registrations and reports, not later than 6 months after the end of that
calendar quarter.
[[Page 121 STAT. 751]]
SEC. 214. SENSE OF CONGRESS.
It is the sense of the Congress that--
(1) the use of a family relationship by a lobbyist who is an
immediate family member of a Member of Congress to gain special
advantages over other lobbyists is inappropriate; and
(2) the lobbying community should develop proposals for
multiple self-regulatory organizations which could--
(A) provide for the creation of standards for the
organizations appropriate to the type of lobbying and
individuals to be served;
(B) provide training for the lobbying community on
law, ethics, reporting requirements, and disclosure
requirements;
(C) provide for the development of educational
materials for the public on how to responsibly hire a
lobbyist or lobby firm;
(D) provide standards regarding reasonable fees
charged to clients;
(E) provide for the creation of a third-party
certification program that includes ethics training; and
(F) provide for disclosure of requirements to
clients regarding fee schedules and conflict of interest
rules.
SEC. 215. <<NOTE: 2 USC 434 note.>> EFFECTIVE DATE.
Except as otherwise provided in sections 203, 204, 206, 211, 212,
and 213, the amendments made by this title shall apply with respect to
registrations under the Lobbying Disclosure Act of 1995 having an
effective date of January 1, 2008, or later and with respect to
quarterly reports under that Act covering calendar quarters beginning on
or after January 1, 2008.
TITLE III--MATTERS RELATING TO THE HOUSE OF REPRESENTATIVES
SEC. 301. DISCLOSURE BY MEMBERS AND STAFF OF EMPLOYMENT NEGOTIATIONS.
(a) In General.--The Rules of the House of Representatives are
amended by redesignating rules XXVII and XXVIII as rules XXVIII and
XXIX, respectively, and by inserting after rule XXVI the following new
rule:
``RULE XXVII
``Disclosure by Members and Staff of Employment Negotiations
``1. <<NOTE: Deadline.>> A Member, Delegate, or Resident
Commissioner shall not directly negotiate or have any agreement of
future employment or compensation until after his or her successor has
been elected, unless such Member, Delegate, or Resident Commissioner,
within 3 business days after the commencement of such negotiation or
agreement of future employment or compensation, files with the Committee
on Standards of Official Conduct a statement, which must be signed by
the Member, Delegate, or Resident Commissioner, regarding such
negotiations or agreement, including the
[[Page 121 STAT. 752]]
name of the private entity or entities involved in such negotiations or
agreement, and the date such negotiations or agreement commenced.
``2. <<NOTE: Notification.>> An officer or an employee of the House
earning in excess of 75 percent of the salary paid to a Member shall
notify the Committee on Standards of Official Conduct that he or she is
negotiating or has any agreement of future employment or compensation.
``3. <<NOTE: Deadline.>> The disclosure and notification under this
rule shall be made within 3 business days after the commencement of such
negotiation or agreement of future employment or compensation.
``4. <<NOTE: Notification.>> A Member, Delegate, or Resident
Commissioner, and an officer or employee to whom this rule applies,
shall recuse himself or herself from any matter in which there is a
conflict of interest or an appearance of a conflict for that Member,
Delegate, Resident Commissioner, officer, or employee under this rule
and shall notify the Committee on Standards of Official Conduct of such
recusal. A <<NOTE: Public information.>> Member, Delegate, or Resident
Commissioner making such recusal shall, upon such recusal, submit to the
Clerk for public disclosure the statement of disclosure under clause 1
with respect to which the recusal was made.''.
(b) Effective Date.--The amendment made by subsection (a) shall take
effect on the date of the enactment of this Act, and shall apply to
negotiations commenced, and agreements entered into, on or after that
date.
SEC. 302. PROHIBITION ON LOBBYING CONTACTS WITH SPOUSE OF MEMBER WHO IS
A REGISTERED LOBBYIST.
Rule XXV of the Rules of the House of Representatives is amended by
adding at the end the following new clause:
``7. A Member, Delegate, or Resident Commissioner shall prohibit all
staff employed by that Member, Delegate, or Resident Commissioner
(including staff in personal, committee, and leadership offices) from
making any lobbying contact (as defined in section 3 of the Lobbying
Disclosure Act of 1995) with that individual's spouse if that spouse is
a lobbyist under the Lobbying Disclosure Act of 1995 or is employed or
retained by such a lobbyist for the purpose of influencing
legislation.''.
SEC. 303. TREATMENT OF FIRMS AND OTHER BUSINESSES WHOSE MEMBERS SERVE AS
HOUSE COMMITTEE CONSULTANTS.
Clause 18(b) of rule XXIII of the Rules of the House of
Representatives is amended by adding at the end the following: ``In the
case of such an individual who is a member or employee of a firm,
partnership, or other business organization, the other members and
employees of the firm, partnership, or other business organization shall
be subject to the same restrictions on lobbying that apply to the
individual under this paragraph.''.
SEC. 304. <<NOTE: 2 USC 104e.>> POSTING OF TRAVEL AND FINANCIAL
DISCLOSURE REPORTS ON PUBLIC WEBSITE OF CLERK OF THE HOUSE
OF REPRESENTATIVES.
(a) Requiring Posting on Internet.--The Clerk of the House of
Representatives shall post on the public Internet site of the Office of
the Clerk, in a format that is searchable, sortable, and downloadable,
to the extent technically practicable, each of the following:
[[Page 121 STAT. 753]]
(1) The advance authorizations, certifications, and
disclosures filed with respect to transportation, lodging, and
related expenses for travel under clause 5(b) of rule XXV of the
Rules of the House of Representatives by Members (including
Delegates and Resident Commissioners to the Congress), officers,
and employees of the House.
(2) The reports filed under section 103(h)(1) of the Ethics
in Government Act of 1978 by Members of the House of
Representatives (including Delegates and Resident Commissioners
to the Congress).
(b) Applicability and Timing.--
(1) Applicability.--Subject to paragraph (2), subsection (a)
shall apply with respect to information received by the Clerk of
the House of Representatives on or after the date of the
enactment of this Act.
(2) <<NOTE: Deadlines.>> Timing.--The Clerk of the House of
Representatives shall--
(A) not later than August 1, 2008, post the
information required by subsection (a) that the Clerk
receives by June 1, 2008; and
(B) not later than the end of each 45-day period
occurring after information is required to be posted
under subparagraph (A), post the information required by
subsection (a) that the Clerk has received since the
last posting under this subsection.
(3) Omission of personally identifiable information.--
Members of the House of Representatives (including Delegates and
Resident Commissioners to the Congress) shall be permitted to
omit personally identifiable information not required to be
disclosed on the reports posted on the public Internet site
under this section (such as home address, Social Security
numbers, personal bank account numbers, home telephone, and
names of children) prior to the posting of such reports on such
public Internet site.
(4) Assistance in protecting personal information.--The
Clerk of the House of Representatives, in consultation with the
Committee on Standards of Official Conduct, shall include in any
informational materials concerning any disclosure that will be
posted on the public Internet site under this section an
explanation of the procedures for protecting personally
identifiable information as described in this section.
(c) <<NOTE: Records.>> Retention.--The Clerk shall maintain the
information posted on the public Internet site of the Office of the
Clerk under this section for a period of 6 years after receiving the
information.
SEC. 305. PROHIBITING PARTICIPATION IN LOBBYIST-SPONSORED EVENTS DURING
POLITICAL CONVENTIONS.
Rule XXV of the Rules of the House of Representatives, as amended by
section 302, is amended by adding at the end the following new clause:
``8. During the dates on which the national political party to which
a Member (including a Delegate or Resident Commissioner) belongs holds
its convention to nominate a candidate for the office of President or
Vice President, the Member may not participate in an event honoring that
Member, other than in his or her capacity as a candidate for such
office, if such event is directly paid for by a registered lobbyist
under the Lobbying Disclosure Act of 1995
[[Page 121 STAT. 754]]
or a private entity that retains or employs such a registered
lobbyist.''.
SEC. 306. <<NOTE: 2 USC 104e note.>> EXERCISE OF RULEMAKING AUTHORITY.
The provisions of this title are adopted by the House of
Representatives--
(1) as an exercise of the rulemaking power of the House; and
(2) with full recognition of the constitutional right of the
House to change those rules at any time, in the same manner, and
to the same extent as in the case of any other rule of the
House.
TITLE IV--CONGRESSIONAL PENSION ACCOUNTABILITY
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) <<NOTE: Applicability.>> 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).
[[Page 121 STAT. 755]]
``(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) <<NOTE: Regulations.>> 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
[[Page 121 STAT. 756]]
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) <<NOTE: Applicability.>> 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) <<NOTE: Regulations.>> 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,
[[Page 121 STAT. 757]]
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.''.
TITLE V--SENATE LEGISLATIVE TRANSPARENCY AND ACCOUNTABILITY
Subtitle A--Procedural Reform
SEC. 511. AMENDMENTS TO RULE XXVIII.
(a) Out of Scope Material Amendment.--Rule XXVIII of the Standing
Rules of the Senate is amended by--
(1) redesignating paragraphs 4 through 6 as paragraphs 6
through 8, respectively; and
(2) striking paragraphs 2 and 3 and inserting the following:
``2. (a) Conferees shall not insert in their report matter not
committed to them by either House, nor shall they strike from the bill
matter agreed to by both Houses.
``(b) If matter which was agreed to by both Houses is stricken from
the bill a point of order may be made against the report, and if the
point of order is sustained, the report is rejected or shall be
recommitted to the committee of conference if the House of
Representatives has not already acted thereon.
``(c) If new matter is inserted in the report, a point of order may
be made against the conference report and it shall be disposed of as
provided under paragraph 4.
``3. (a) In any case in which a disagreement to an amendment in the
nature of a substitute has been referred to conferees--
``(1) it shall be in order for the conferees to report a
substitute on the same subject matter;
``(2) the conferees may not include in the report matter not
committed to them by either House; and
``(3) the conferees may include in their report in any such
case matter which is a germane modification of subjects in
disagreement.
``(b) In any case in which the conferees violate subparagraph (a), a
point of order may be made against the conference report and it shall be
disposed of as provided under paragraph 4.
``4. (a) A Senator may raise a point of order that one or more
provisions of a conference report violates paragraph 2 or paragraph 3,
as the case may be. The Presiding Officer may sustain the point of order
as to some or all of the provisions against which the Senator raised the
point of order.
``(b) If the Presiding Officer sustains the point of order as to any
of the provisions against which the Senator raised the point of order,
then those provisions against which the Presiding
[[Page 121 STAT. 758]]
Officer sustains the point of order shall be stricken. After all other
points of order under this paragraph have been disposed of--
``(1) the Senate shall proceed to consider the question of
whether the Senate should recede from its amendment to the House
bill, or its disagreement to the amendment of the House, and
concur with a further amendment, which further amendment shall
consist of only that portion of the conference report that has
not been stricken;
``(2) the question in clause (1) shall be decided under the
same debate limitation as the conference report; and
``(3) no further amendment shall be in order.
``5. (a) Any Senator may move to waive any or all points of order
under paragraph 2 or 3 with respect to the pending conference report by
an affirmative vote of three-fifths of the Members, duly chosen and
sworn. All motions to waive under this paragraph shall be debatable
collectively for not to exceed 1 hour equally divided between the
Majority Leader and the Minority Leader or their designees. A motion to
waive all points of order under this paragraph shall not be amendable.
``(b) All appeals from rulings of the Chair under paragraph 4 shall
be debatable collectively for not to exceed 1 hour, equally divided
between the Majority and the Minority Leader or their designees. An
affirmative vote of three-fifths of the Members of the Senate, duly
chosen and sworn, shall be required in the Senate to sustain an appeal
of the ruling of the Chair under paragraph 4.''.
(b) Public Availability Amendment.--
(1) In general.--Rule XXVIII of the Standing Rules of the
Senate is amended by adding at the end the following:
``9. (a)(1) It shall not be in order to vote on the adoption of a
report of a committee of conference unless such report has been
available to Members and to the general public for at least 48 hours
before such vote. If a point of order is sustained under this paragraph,
then the conference report shall be set aside.
``(2) For purposes of this paragraph, a report of a committee of
conference is made available to the general public as of the time it is
posted on a publicly accessible website controlled by a Member,
committee, Library of Congress, or other office of Congress, or the
Government Printing Office, as reported to the Presiding Officer by the
Secretary of the Senate.
``(b)(1) This paragraph may be waived in the Senate with respect to
the pending conference report by an affirmative vote of three-fifths of
the Members, duly chosen and sworn. A motion to waive this paragraph
shall be debatable for not to exceed 1 hour equally divided between the
Majority Leader and the Minority Leader or their designees.
``(2) An affirmative vote of three-fifths of the Members, duly
chosen and sworn, shall be required to sustain an appeal of the ruling
of the Chair on a point of order raised under this paragraph. An appeal
of the ruling of the Chair shall be debatable for not to exceed 1 hour
equally divided between the Majority and the Minority Leader or their
designees
``(c) This paragraph may be waived by joint agreement of the
Majority Leader and the Minority Leader of the Senate, upon their
certification that such waiver is necessary as a result of a significant
disruption to Senate facilities or to the availability of the
Internet.''.
[[Page 121 STAT. 759]]
(2) Implementation.--
Not <<NOTE: Deadline. Regulations.>> later than 60 days after
the date of enactment of this section, the Committee on Rules
and Administration, in consultation with the Secretary of the
Senate and the Clerk of the House of Representatives, and the
Government Printing Office shall promulgate regulations for the
implementation of the requirements of paragraph 9 of rule XXVIII
of the Standing Rules of the Senate, as added by this section.
SEC. 512. <<NOTE: 2 USC 30b.>> NOTICE OF OBJECTING TO PROCEEDING.
(a) In General.--The Majority and Minority Leaders of the Senate or
their designees shall 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) following the objection to a unanimous consent to
proceeding to, and, or passage of, a measure or matter on their
behalf, submits the notice of intent in writing to the
appropriate leader or their designee; and
(2) not later than 6 session days after the submission under
paragraph (1), submits for inclusion in the Congressional Record
and in the applicable calendar section described in subsection
(b) the following notice:
``I, Senator ____, intend to object to proceedings to ____, dated
____ for the following reasons____.''.
(b) Calendar.--
(1) In general.--The Secretary of the Senate shall establish
for both the Senate Calendar of Business and the Senate
Executive Calendar a separate section entitled ``Notice of
Intent to Object to Proceeding''.
(2) Content.--The section required by paragraph (1) shall
include--
(A) the name of each Senator filing a notice under
subsection (a)(2);
(B) the measure or matter covered by the calendar
that the Senator objects to; and
(C) the date the objection was filed.
(3) Notice.--A Senator who has notified their respective
leader and who has withdrawn their objection within the 6
session day period is not required to submit a notification
under subsection (a)(2).
(c) Removal.--A Senator may have an item with respect to the Senator
removed from a calendar to which it was added under subsection (b) by
submitting for inclusion in the Congressional Record the following
notice:
``I, Senator ____, do not object to proceed to ____, dated ____.''.
SEC. 513. PUBLIC AVAILABILITY OF SENATE COMMITTEE AND SUBCOMMITTEE
MEETINGS.
(a) In General.--Paragraph 5(e) of rule XXVI of the Standing Rules
of the Senate is amended by--
(1) inserting after ``(e)'' the following: ``(1)''; and
(2) adding at the end the following:
``(2)(A) <<NOTE: Internet. Deadline.>> Except with respect to
meetings closed in accordance with this rule, each committee and
subcommittee shall make publicly available through the Internet a video
recording, audio recording, or transcript of any meeting not later than
21 business days after the meeting occurs.
[[Page 121 STAT. 760]]
``(B) Information required by subclause (A) shall be available until
the end of the Congress following the date of the meeting.
``(C) The Committee on Rules and Administration may waive this
clause upon request based on the inability of a committee or
subcommittee to comply with this clause due to technical or logistical
reasons.''.
(b) Effective Date.--This section shall take effect 90 days after
the date of enactment of this Act.
SEC. 514. AMENDMENTS AND MOTIONS TO RECOMMIT.
Paragraph 1 of rule XV of the Standing Rules of the Senate is
amended to read as follows:
``1. (a) An amendment and any instruction accompanying a motion to
recommit shall be reduced to writing and read and identical copies shall
be provided by the Senator offering the amendment or instruction to the
desks of the Majority Leader and the Minority Leader before being
debated.
``(b) A motion shall be reduced to writing, if desired by the
Presiding Officer or by any Senator, and shall be read before being
debated.''.
SEC. 515. SENSE OF THE SENATE ON CONFERENCE COMMITTEE PROTOCOLS.
It is the sense of the Senate that--
(1) conference committees should hold regular, formal
meetings of all conferees that are open to the public;
(2) all conferees should be given adequate notice of the
time and place of all such meetings;
(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; and
(4) the text of a report of a committee of conference shall
not be changed after the Senate signature sheets have been
signed by a majority of the Senate conferees.
Subtitle B--Earmark Reform
SEC. 521. CONGRESSIONALLY DIRECTED SPENDING.
The Standing Rules of the Senate are amended by adding at the end
the following:
``RULE XLIV
``Congressionally Directed Spending and Related Items
``1. <<NOTE: Certification.>> (a) It shall not be in order to vote
on a motion to proceed to consider a bill or joint resolution reported
by any committee unless the chairman of the committee of jurisdiction or
the Majority Leader or his or her designee certifies--
``(1) that each congressionally directed spending item,
limited tax benefit, and limited tariff benefit, if any, in the
bill or joint resolution, or in the committee report
accompanying the bill or joint resolution, has been identified
through lists, charts, or other similar means including the name
of each Senator who submitted a request to the committee for
each item so identified; and
[[Page 121 STAT. 761]]
``(2) <<NOTE: Website.>> that the information in clause (1)
has been available on a publicly accessible congressional
website in a searchable format at least 48 hours before such
vote.
``(b) If a point of order is sustained under this paragraph, the
motion to proceed shall be suspended until the sponsor of the motion or
his or her designee has requested resumption and compliance with this
paragraph has been achieved.
``2. <<NOTE: Certification.>> (a) It shall not be in order to vote
on a motion to proceed to consider a Senate bill or joint resolution not
reported by committee unless the chairman of the committee of
jurisdiction or the Majority Leader or his or her designee certifies--
``(1) that each congressionally directed spending item,
limited tax benefit, and limited tariff benefit, if any, in the
bill or joint resolution, has been identified through lists,
charts, or other similar means, including the name of each
Senator who submitted a request to the sponsor of the bill or
joint resolution for each item so identified; and
``(2) <<NOTE: Website.>> that the information in clause (1)
has been available on a publicly accessible congressional
website in a searchable format at least 48 hours before such
vote.
``(b) If a point of order is sustained under this paragraph, the
motion to proceed shall be suspended until the sponsor of the motion or
his or her designee has requested resumption and compliance with this
paragraph has been achieved.
``3. <<NOTE: Certification.>> (a) It shall not be in order to vote
on the adoption of a report of a committee of conference unless the
chairman of the committee of jurisdiction or the Majority Leader or his
or her designee certifies--
``(1) that each congressionally directed spending item,
limited tax benefit, and limited tariff benefit, if any, in the
conference report, or in the joint statement of managers
accompanying the conference report, has been identified through
lists, charts, or other means, including the name of each
Senator who submitted a request to the committee of jurisdiction
for each item so identified; and
``(2) <<NOTE: Website.>> that the information in clause (1)
has been available on a publicly accessible congressional
website at least 48 hours before such vote.
``(b) If a point of order is sustained under this paragraph, then
the conference report shall be set aside.
``4. <<NOTE: Congressional Record, publication.>> (a) If during
consideration of a bill or joint resolution, a Senator proposes an
amendment containing a congressionally directed spending item, limited
tax benefit, or limited tariff benefit which was not included in the
bill or joint resolution as placed on the calendar or as reported by any
committee, in a committee report on such bill or joint resolution, or a
committee report of the Senate on a companion measure, then as soon as
practicable, the Senator shall ensure that a list of such items (and the
name of any Senator who submitted a request to the Senator for each
respective item included in the list) is printed in the Congressional
Record.
``(b) If a committee reports a bill or joint resolution that
includes congressionally directed spending items, limited tax benefits,
or limited tariff benefits in the bill or joint resolution, or in the
committee report accompanying the bill or joint resolution, the
committee shall as soon as practicable identify on a publicly accessible
congressional website each such item through lists, charts,
[[Page 121 STAT. 762]]
or other similar means, including the name of each Senator who submitted
a request to the committee for each item so identified. Availability on
the Internet of a committee report that contains the information
described in this subparagraph shall satisfy the requirements of this
subparagraph.
``(c) To the extent technically feasible, information made available
on publicly accessible congressional websites under paragraphs 3 and 4
shall be provided in a searchable format.
``5. For the purpose of this rule--
``(a) the term `congressionally directed spending item'
means a provision or report language included primarily at the
request of a Senator providing, authorizing, or recommending a
specific amount of discretionary budget authority, credit
authority, or other spending authority for a contract, loan,
loan guarantee, grant, loan authority, or other expenditure with
or to an entity, or targeted to a specific State, locality or
Congressional district, other than through a statutory or
administrative formula-driven or competitive award process;
``(b) the term `limited tax benefit' means--
``(1) any revenue provision that--
``(A) provides a Federal tax deduction,
credit, exclusion, or preference to a particular
beneficiary or limited group of beneficiaries
under the Internal Revenue Code of 1986; and
``(B) contains eligibility criteria that are
not uniform in application with respect to
potential beneficiaries of such provision;
``(c) the term `limited tariff benefit' means a provision
modifying the Harmonized Tariff Schedule of the United States in
a manner that benefits 10 or fewer entities; and
``(d) except as used in subparagraph 8(e), the term `item'
when not preceded by `congressionally directed spending' means
any provision that is a congressionally directed spending item,
a limited tax benefit, or a limited tariff benefit.
``6. (a) <<NOTE: Statement. Certification.>> A Senator who requests
a congressionally directed spending item, a limited tax benefit, or a
limited tariff benefit in any bill or joint resolution (or an
accompanying report) or in any conference report (or an accompanying
joint statement of managers) shall provide a written statement to the
chairman and ranking member of the committee of jurisdiction,
including--
``(1) the name of the Senator;
``(2) in the case of a congressionally directed spending
item, the name and location of the intended recipient or, if
there is no specifically intended recipient, the intended
location of the activity;
``(3) in the case of a limited tax or tariff benefit,
identification of the individual or entities reasonably
anticipated to benefit, to the extent known to the Senator;
``(4) the purpose of such congressionally directed spending
item or limited tax or tariff benefit; and
``(5) a certification that neither the Senator nor the
Senator's immediate family has a pecuniary interest in the item,
consistent with the requirements of paragraph 9.
``(b) <<NOTE: Public information. Internet.>> With respect to each
item included in a Senate bill or joint resolution (or accompanying
report) reported by committee or considered by the Senate, or included
in a conference report (or joint statement of managers accompanying the
conference report)
[[Page 121 STAT. 763]]
considered by the Senate, each committee of jurisdiction shall make
available for public inspection on the Internet the certifications under
subparagraph (a)(5) as soon as practicable.
``7. In the case of a bill, joint resolution, or conference report
that contains congressionally directed spending items in any classified
portion of a report accompanying the measure, the committee of
jurisdiction shall, to the greatest extent practicable, consistent with
the need to protect national security (including intelligence sources
and methods), include on the list required by paragraph 1, 2, or 3 as
the case may be, a general program description in unclassified language,
funding level, and the name of the sponsor of that congressionally
directed spending item.
``8. (a) A Senator may raise a point of order against one or more
provisions of a conference report if they constitute new directed
spending provisions. The Presiding Officer may sustain the point of
order as to some or all of the provisions against which the Senator
raised the point of order.
``(b) If the Presiding Officer sustains the point of order as to any
of the provisions against which the Senator raised the point of order,
then those provisions against which the Presiding Officer sustains the
point of order shall be stricken. After all other points of order under
this paragraph have been disposed of--
``(1) the Senate shall proceed to consider the question of
whether the Senate should recede from its amendment to the House
bill, or its disagreement to the amendment of the House, and
concur with a further amendment, which further amendment shall
consist of only that portion of the conference report that has
not been stricken; and
``(2) the question in clause (1) shall be decided under the
same debate limitation as the conference report and no further
amendment shall be in order.
``(c) Any Senator may move to waive any or all points of order under
this paragraph with respect to the pending conference report by an
affirmative vote of three-fifths of the Members, duly chosen and sworn.
All motions to waive under this paragraph shall be debatable
collectively for not to exceed 1 hour equally divided between the
Majority Leader and the Minority Leader or their designees. A motion to
waive all points of order under this paragraph shall not be amendable.
``(d) All appeals from rulings of the Chair under this paragraph
shall be debatable collectively for not to exceed 1 hour, equally
divided between the Majority and the Minority Leader or their designees.
An affirmative vote of three-fifths of the Members of the Senate, duly
chosen and sworn, shall be required in the Senate to sustain an appeal
of the ruling of the Chair under this paragraph.
``(e) The term `new directed spending provision' as used in this
paragraph means any item that consists of a specific provision
containing a specific level of funding for any specific account,
specific program, specific project, or specific activity, when no
specific funding was provided for such specific account, specific
program, specific project, or specific activity in the measure
originally committed to the conferees by either House.
``9. No Member, officer, or employee of the Senate shall knowingly
use his official position to introduce, request, or otherwise aid the
progress or passage of congressionally directed spending items, limited
tax benefits, or limited tariff benefits a principal purpose of which is
to further only his pecuniary interest, only
[[Page 121 STAT. 764]]
the pecuniary interest of his immediate family, or only the pecuniary
interest of a limited class of persons or enterprises, when he or his
immediate family, or enterprises controlled by them, are members of the
affected class.
``10. Any Senator may move to waive application of paragraph 1, 2,
or 3 with respect to a measure by an affirmative vote of three-fifths of
the Members, duly chosen and sworn. A motion to waive under this
paragraph with respect to a measure shall be debatable for not to exceed
1 hour equally divided between the Majority Leader and the Minority
Leader or their designees. With respect to points of order raised under
paragraphs 1, 2, or 3, only one appeal from a ruling of the Chair shall
be in order, and debate on such an appeal from a ruling of the Chair on
such point of order shall be limited to one hour.
``11. Any Senator may move to waive all points of order under this
rule with respect to the pending measure or motion by an affirmative
vote of three-fifths of the Members, duly chosen and sworn. All motions
to waive all points of order with respect to a measure or motion as
provided by this paragraph shall be debatable collectively for not to
exceed 1 hour equally divided between the Majority Leader and the
Minority Leader or their designees. A motion to waive all points of
order with respect to a measure or motion as provided by this paragraph
shall not be amendable.
``12. Paragraph 1, 2, or 3 of this rule may be waived by joint
agreement of the Majority Leader and the Minority Leader of the Senate
upon their certification that such waiver is necessary as a result of a
significant disruption to Senate facilities or to the availability of
the Internet.''.
Subtitle C--Revolving Door Reform
SEC. 531. POST-EMPLOYMENT RESTRICTIONS.
(a) Application to Entity.--Paragraph 8 of rule XXXVII of the
Standing Rules of the Senate is amended by--
(1) inserting after ``by such a registered lobbyist'' the
following ``or an entity that employs or retains a registered
lobbyist''; and
(2) striking ``one year'' and inserting ``2 years''.
(b) Prohibition.--Paragraph 9 of rule XXXVII of the Standing Rules
of the Senate is amended--
(1) in the first sentence, by inserting after ``by such a
registered lobbyist'' the following: ``or an entity that employs
or retains a registered lobbyist'';
(2) in the second sentence, by inserting after ``by such a
registered lobbyist'' the following: ``or an entity that employs
or retains a registered lobbyist'';
(3) by designating the first and second sentences as
subparagraphs (a) and (b), respectively; and
(4) by adding at the end the following:
``(c) If an officer of the Senate or an 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 percent of the rate of pay of a Member and employed at
such rate for more than 60 days in a calendar year, upon leaving that
position, becomes a registered lobbyist, or is employed or retained by
such a registered lobbyist or an entity that employs or retains a
registered lobbyist for the
[[Page 121 STAT. 765]]
purpose of influencing legislation, such employee may not lobby any
Member, officer, or employee of the Senate for a period of 1 year after
leaving that position.''.
(c) Effective Date.--Paragraph 9(c) of rule XXXVII of the Standing
Rules of the Senate shall apply to individuals who leave office or
employment to which such paragraph applies on or after the date of
adjournment of the first session of the 110th Congress sine die or
December 31, 2007, whichever date is earlier.
SEC. 532. DISCLOSURE BY MEMBERS OF CONGRESS AND STAFF OF EMPLOYMENT
NEGOTIATIONS.
Rule XXXVII of the Standing Rules of the Senate is amended by--
(1) redesignating paragraph 12 as paragraph 13; and
(2) adding after paragraph 11 the following:
``12. (a) <<NOTE: Deadline.>> A Member shall not negotiate or have
any arrangement concerning prospective private employment until after
his or her successor has been elected, unless such Member files a signed
statement with the Secretary of the Senate, for public disclosure,
regarding such negotiations or arrangements not later than 3 business
days after the commencement of such negotiation or arrangement,
including the name of the private entity or entities involved in such
negotiations or arrangements, and the date such negotiations or
arrangements commenced.
``(b) A Member shall not negotiate or have any arrangement
concerning prospective employment for a job involving lobbying
activities as defined by the Lobbying Disclosure Act of 1995 until after
his or her successor has been elected.
``(c)(1) <<NOTE: Notification.>> An employee of the Senate earning
in excess of 75 percent of the salary paid to a Senator shall notify the
Select Committee on Ethics that he or she is negotiating or has any
arrangement concerning prospective private employment.
``(2) <<NOTE: Deadline.>> The notification under this subparagraph
shall be made not later than 3 business days after the commencement of
such negotiation or arrangement.
``(3) <<NOTE: Applicability.>> An employee to whom this subparagraph
applies shall--
``(A) recuse himself or herself from--
``(i) any contact or communication with the
prospective employer on issues of legislative interest
to the prospective employer; and
``(ii) any legislative matter in which there is a
conflict of interest or an appearance of a conflict for
that employee under this subparagraph; and
``(B) <<NOTE: Notification.>> notify the Select Committee on
Ethics of such recusal.''.
SEC. 533. ELIMINATION OF FLOOR PRIVILEGES FOR FORMER MEMBERS, SENATE
OFFICERS, AND SPEAKERS OF THE HOUSE WHO ARE REGISTERED
LOBBYISTS OR SEEK FINANCIAL GAIN.
Rule XXIII of the Standing Rules of the Senate is amended by--
(1) inserting ``1.'' before ``Other'';
(2) inserting after ``Ex-Senators and Senators-elect'' the
following: ``, except as provided in paragraph 2'';
(3) inserting after ``Ex-Secretaries and ex-Sergeants at
Arms of the Senate'' the following: ``, except as provided in
paragraph 2'';
[[Page 121 STAT. 766]]
(4) inserting after ``Ex-Speakers of the House of
Representatives'' the following: ``, except as provided in
paragraph 2''; and
(5) adding at the end the following:
``2.(a) The floor privilege provided in paragraph 1 shall not apply,
when the Senate is in session, to an individual covered by this
paragraph who is--
``(1) a registered lobbyist or agent of a foreign principal;
or
``(2) in the employ of or represents any party or
organization for the purpose of influencing, directly or
indirectly, the passage, defeat, or amendment of any Federal
legislative proposal.
``(b) The Committee on Rules and Administration may promulgate
regulations to allow individuals covered by this paragraph floor
privileges for ceremonial functions and events designated by the
Majority Leader and the Minority Leader.
``3. A former Member of the Senate may not exercise privileges to
use Senate athletic facilities or Member-only parking spaces if such
Member is--
``(a) a registered lobbyist or agent of a foreign principal;
or
``(b) in the employ of or represents any party or
organization for the purpose of influencing, directly or
indirectly, the passage, defeat, or amendment of any Federal
legislative proposal.''.
SEC. 534. INFLUENCING HIRING DECISIONS.
Rule XLIII of the Standing Rules of the Senate is amended by adding
at the end the following:
``6. No Member, with the intent to influence solely on the basis of
partisan political affiliation an employment decision or employment
practice of any private entity, shall--
``(a) take or withhold, or offer or threaten to take or
withhold, an official act; or
``(b) influence, or offer or threaten to influence the
official act of another.''.
SEC. 535. <<NOTE: 2 USC 104f.>> NOTIFICATION OF POST-EMPLOYMENT
RESTRICTIONS.
(a) In General.--After a Senator or an elected officer of the Senate
leaves office or after the termination of employment with the Senate of
an employee of the Senate, the Secretary of the Senate shall notify the
Member, officer, or employee of the beginning and ending date of the
prohibitions that apply to the Member, officer, or employee under rule
XXXVII of the Standing Rules of the Senate.
(b) Effective Date.--This section shall take effect 60 days after
the date of enactment of this Act.
Subtitle D--Gift and Travel Reform
SEC. 541. BAN ON GIFTS FROM REGISTERED LOBBYISTS AND ENTITIES THAT HIRE
REGISTERED LOBBYISTS.
Paragraph 1(a)(2) of rule XXXV of the Standing Rules of the Senate
is amended by--
(1) inserting ``(A)'' after ``(2)''; and
(2) adding at the end the following:
[[Page 121 STAT. 767]]
``(B) A Member, officer, or employee may not knowingly accept a gift
from a registered lobbyist, an agent of a foreign principal, or a
private entity that retains or employs a registered lobbyist or an agent
of a foreign principal, except as provided in subparagraphs (c) and
(d).''.
SEC. 542. NATIONAL PARTY CONVENTIONS.
Paragraph (1)(d) of rule XXXV of the Standing Rules of the Senate is
amended by adding at the end the following:
``(5) During the dates of the national party convention for the
political party to which a Member belongs, a Member may not participate
in an event honoring that Member, other than in his or her capacity as
the party's presidential or vice presidential nominee or presumptive
nominee, if such event is directly paid for by a registered lobbyist or
a private entity that retains or employs a registered lobbyist.''.
SEC. 543. PROPER VALUATION OF TICKETS TO ENTERTAINMENT AND SPORTING
EVENTS.
Paragraph 1(c)(1) of rule XXXV of the Standing Rules of the Senate
is amended by--
(1) inserting ``(A)'' before ``Anything''; and
(2) adding at the end the following:
``(B) 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 ticket
with the highest face value for the event, except that if a
ticket holder can establish in advance of the event to the
Select Committee on Ethics that the ticket at issue is
equivalent to another ticket with a face value, then the market
value shall be set at the face value of the equivalent ticket.
In establishing equivalency, the ticket holder shall provide
written and independently verifiable information related to the
primary features of the ticket, including, at a minimum, the
seat location, access to parking, availability of food and
refreshments, and access to venue areas not open to the public.
The Select Committee on Ethics may make a determination of
equivalency only if such information is provided in advance of
the event.''.
SEC. 544. RESTRICTIONS ON REGISTERED LOBBYIST PARTICIPATION IN TRAVEL
AND DISCLOSURE.
(a) Prohibition.--Paragraph 2 of rule XXXV of the Standing Rules of
the Senate is amended--
(1) in subparagraph (a)(1), by--
(A) adding after ``foreign principal'' the
following: ``or a private entity that retains or employs
1 or more registered lobbyists or agents of a foreign
principal'';
(B) striking the dash and inserting ``complies with
the requirements of this paragraph.''; and
(C) striking clauses (A) and (B);
(2) by redesignating subparagraph (a)(2) as subparagraph
(a)(3) and adding after subparagraph (a)(1) the following:
``(2)(A) Notwithstanding clause (1), a reimbursement (including
payment in kind) to a Member, officer, or employee of the Senate from an
individual, other than a registered lobbyist or agent of a foreign
principal, that is a private entity that retains or employs 1 or more
registered lobbyists or agents of a foreign principal
[[Page 121 STAT. 768]]
shall be deemed to be a reimbursement to the Senate under clause (1)
if--
``(i) the reimbursement is for necessary transportation,
lodging, and related expenses for travel to a meeting, speaking
engagement, factfinding trip, or similar event described in
clause (1) in connection with the duties of the Member, officer,
or employee and the reimbursement is provided only for
attendance at or participation for 1-day (exclusive of travel
time and an overnight stay) at an event described in clause (1);
or
``(ii) the reimbursement is for necessary transportation,
lodging, and related expenses for travel to a meeting, speaking
engagement, factfinding trip, or similar event described in
clause (1) in connection with the duties of the Member, officer,
or employee and the reimbursement is from an organization
designated under section 501(c)(3) of the Internal Revenue Code
of 1986.
``(B) When deciding whether to preapprove a trip under this clause,
the Select Committee on Ethics shall make a determination consistent
with regulations issued pursuant to section 544(b) of the Honest
Leadership and Open Government Act of 2007. The committee through
regulations to implement subclause (A)(i) may permit a longer stay when
determined by the committee to be practically required to participate in
the event, but in no event may the stay exceed 2 nights.'';
(3) in subparagraph (a)(3), as redesignated, by striking
``clause (1)'' and inserting ``clauses (1) and (2)'';
(4) in subparagraph (b), by inserting before ``Each'' the
following: ``Before an employee may accept reimbursement
pursuant to subparagraph (a), the employee shall receive advance
written authorization from the Member or officer under whose
direct supervision the employee works.'';
(5) in subparagraph (c)--
(A) <<NOTE: Records. Deadline.>> by inserting before
``Each'' the following: ``Each Member, officer, or
employee that receives reimbursement under this
paragraph shall disclose the expenses reimbursed or to
be reimbursed, the authorization under subparagraph (b)
(for an employee), and a copy of the certification in
subparagraph (e)(1) to the Secretary of the Senate not
later than 30 days after the travel is completed.'';
(B) by striking ``subparagraph (a)(1)'' and
inserting ``this subparagraph'';
(C) in clause (5), by striking ``and'' after the
semicolon;
(D) by redesignating clause (6) as clause (7); and
(E) by inserting after clause (5) the following:
``(6) a description of meetings and events attended; and'';
(6) by redesignating subparagraphs (d) and (e) as
subparagraphs (f) and (g), respectively;
(7) by adding after subparagraph (c) the following:
``(d)(1) A Member, officer, or employee of the Senate may not accept
a reimbursement (including payment in kind) for transportation, lodging,
or related expenses under subparagraph (a) for a trip that was--
``(A) planned, organized, or arranged by or at the request
of a registered lobbyist or agent of a foreign principal; or
[[Page 121 STAT. 769]]
``(B)(i) for trips described under subparagraph (a)(2)(A)(i)
on which a registered lobbyist accompanies the Member, officer,
or employee on any segment of the trip; or
``(ii) for all other trips allowed under this paragraph, on
which a registered lobbyist accompanies the Member, officer, or
employee at any point throughout the trip.
``(2) <<NOTE: Regulations.>> The Select Committee on Ethics shall
issue regulations identifying de minimis activities by registered
lobbyists or foreign agents that would not violate this subparagraph.
``(e) A Member, officer, or employee shall, before accepting travel
otherwise permissible under this paragraph from any source--
``(1) provide to the Select Committee on Ethics a written
certification from such source that--
``(A) the trip will not be financed in any part by a
registered lobbyist or agent of a foreign principal;
``(B) the source either--
``(i) does not retain or employ registered
lobbyists or agents of a foreign principal and is
not itself a registered lobbyist or agent of a
foreign principal; or
``(ii) certifies that the trip meets the
requirements of subclause (i) or (ii) of
subparagraph (a)(2)(A);
``(C) the source will not accept from a registered
lobbyist or agent of a foreign principal or a private
entity that retains or employs 1 or more registered
lobbyists or agents of a foreign principal, funds
earmarked directly or indirectly for the purpose of
financing the specific trip; and
``(D) the trip will not in any part be planned,
organized, requested, or arranged by a registered
lobbyist or agent of a foreign principal and the
traveler will not be accompanied on the trip consistent
with the applicable requirements of subparagraph
(d)(1)(B) by a registered lobbyist or agent of a foreign
principal, except as permitted by regulations issued
under subparagraph (d)(2); and
``(2) after the Select Committee on Ethics has promulgated
regulations pursuant to section 544(b) of the Honest Leadership
and Open Government Act of 2007, obtain the prior approval of
the committee for such reimbursement.''; and
(8) by striking subparagraph (g), as redesignated, and
inserting the following:
``(g) <<NOTE: Public information.>> The Secretary of the Senate
shall make all advance authorizations, certifications, and disclosures
filed pursuant to this paragraph available for public inspection as soon
as possible after they are received, but in no event prior to the
completion of the relevant travel.''.
(b) <<NOTE: 2 USC 31-3.>> Guidelines.--
(1) In general.--Except <<NOTE: Deadlines.>> as provided in
paragraph (4) and not later than 60 days after the date of
enactment of this Act and at annual intervals thereafter, the
Select Committee on Ethics shall develop and revise, as
necessary--
(A) guidelines, for purposes of implementing the
amendments made by subsection (a), on evaluating a trip
proposal and judging the reasonableness of an expense or
expenditure, including guidelines related to
evaluating--
(i) the stated mission of the organization
sponsoring the trip;
[[Page 121 STAT. 770]]
(ii) the organization's prior history of
sponsoring congressional trips, if any;
(iii) other educational activities performed
by the organization besides sponsoring
congressional trips;
(iv) whether any trips previously sponsored by
the organization led to an investigation by the
Select Committee on Ethics;
(v) whether the length of the trip and the
itinerary is consistent with the official purpose
of the trip;
(vi) whether there is an adequate connection
between a trip and official duties;
(vii) the reasonableness of an amount spent by
a sponsor of the trip;
(viii) whether there is a direct and immediate
relationship between a source of funding and an
event; and
(ix) any other factor deemed relevant by the
Select Committee on Ethics; and
(B) <<NOTE: Regulations.>> regulations describing
the information it will require individuals subject to
the requirements of the amendments made by subsection
(a) to submit to the committee in order to obtain the
prior approval of the committee for travel under
paragraph 2 of rule XXXV of the Standing Rules of the
Senate, including any required certifications.
(2) Consideration.--In developing and revising guidelines
under paragraph (1)(A), the committee shall take into account
the maximum per diem rates for official Federal Government
travel published annually by the General Services
Administration, the Department of State, and the Department of
Defense.
(3) Unreasonable expense.--For purposes of this subsection,
travel on a flight described in paragraph 1(c)(1)(C)(ii) of rule
XXXV of the Standing Rules of the Senate shall not be considered
to be a reasonable expense.
(4) Extension.--The deadline for the initial guidelines
required by paragraph (1) may be extended for 30 days by the
Committee on Rules and Administration.
(c) Reimbursement for Noncommercial Air Travel.--
(1) Charter rates.--Paragraph 1(c)(1) of rule XXXV of the
Standing Rules of the Senate is amended by adding at the end the
following:
``(C)(i) Fair market value for a flight on an aircraft
described in item (ii) 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, as determined
by dividing such cost by the number of Members, officers, or
employees of Congress on the flight.
``(ii) A flight on an aircraft described in this item is any
flight on an aircraft that is not--
``(I) operated or paid for by an air carrier or
commercial operator certificated by the Federal Aviation
Administration and required to be conducted under air
carrier safety rules; or
``(II) in the case of travel which is abroad, an air
carrier or commercial operator certificated by an
appropriate foreign civil aviation authority and the
flight is required to be conducted under air carrier
safety rules.
[[Page 121 STAT. 771]]
``(iii) This subclause shall not apply to an aircraft owned
or leased by a governmental entity or by a Member of Congress or
a Member's immediate family member (including an aircraft owned
by an entity that is not a public corporation in which the
Member or Member's immediate family member has an ownership
interest), provided that the Member does not use the aircraft
anymore than the Member's or immediate family member's
proportionate share of ownership allows.''.
(2) Unofficial office accounts.--Paragraph 1 of rule XXXVIII
of the Standing Rules of the Senate is amended by adding at the
end the following:
``(c) For purposes of reimbursement under this rule, fair market
value of a flight on an aircraft shall be determined as provided in
paragraph 1(c)(1)(C) of rule XXXV.''.
(d) Review of Travel Allowances.--Not <<NOTE: Deadline.>> later than
90 days after the date of enactment of this Act, the Subcommittee on the
Legislative Branch of the Senate Committee on Appropriations, in
consultation with the Committee on Rules and Administration of the
Senate, shall consider and propose, as necessary in the discretion of
the subcommittee, any adjustment to the Senator's Official Personnel and
Office Expense Account needed in light of the enactment of this section,
and any modifications of Federal statutes or appropriations measures
needed to accomplish such adjustments.
(e) <<NOTE: 2 USC 31-3 note.>> Separately Regulated Expenses.--
Nothing in this section or section 541 is meant to alter treatment under
law or Senate rules of expenses that are governed by the Foreign Gifts
and Decorations Act or the Mutual Educational and Cultural Exchange Act.
(f) <<NOTE: 2 USC 31-3 note.>> Effective Date.--The amendments made
by subsections (a) and (b) shall take effect 60 days after the date of
enactment of this Act or the date the Select Committee on Ethics issues
new guidelines as required by subsection (b), whichever is later.
Subsection (c) shall take effect on the date of enactment of this Act.
SEC. 545. FREE ATTENDANCE AT A CONSTITUENT EVENT.
(a) In General.--Paragraph 1(c) of rule XXXV of the Standing Rules
of the Senate is amended by adding at the end the following:
``(24) Subject to the restrictions in subparagraph
(a)(2)(A), free attendance at a constituent event permitted
pursuant to subparagraph (g).''.
(b) In General.--Paragraph 1 of rule XXXV of the Standing Rules of
the Senate is amended by adding at the end the following:
``(g)(1) A Member, officer, or employee may accept an offer of free
attendance in the Member's home State at a conference, symposium, forum,
panel discussion, dinner event, site visit, viewing, reception, or
similar event, provided by a sponsor of the event, if--
``(A) the cost of meals provided the Member, officer, or
employee is less than $50;
``(B)(i) the event is sponsored by constituents of, or a
group that consists primarily of constituents of, the Member (or
the Member by whom the officer or employee is employed); and
``(ii) the event will be attended primarily by a group of at
least 5 constituents of the Member (or the Member by whom the
officer or employee is employed) provided that a registered
lobbyist shall not attend the event; and
[[Page 121 STAT. 772]]
``(C)(i) the Member, officer, or employee participates in
the event 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 the Member's,
officer's, or employee's official position; or
``(ii) attendance at the event is appropriate to the
performance of the official duties or representative function of
the Member, officer, or employee.
``(2) A Member, officer, or employee who attends an event described
in clause (1) may 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.
``(3) For purposes of this subparagraph, the term `free attendance'
has the same meaning given such term in subparagraph (d).''.
SEC. 546. <<NOTE: 2 USC 104g.>> SENATE PRIVATELY PAID TRAVEL PUBLIC
WEBSITE.
(a) Travel Disclosure.--Not <<NOTE: Deadline.>> later than January
1, 2008, the Secretary of the Senate shall establish a publicly
available website without fee or without access charge, that contains
information on travel that is subject to disclosure under paragraph 2 of
rule XXXV of the Standing Rules of the Senate, that includes, with
respect to travel occurring on or after January 1, 2008--
(1) a search engine;
(2) uniform categorization by Member, dates of travel, and
any other common categories associated with congressional
travel; and
(3) forms filed in the Senate relating to officially related
travel.
(b) <<NOTE: Records.>> Retention.--The Secretary of the Senate shall
maintain the information posted on the public Internet site of the
Office of the Secretary under this section for a period not longer than
4 years after receiving the information.
(c) Extension of Authority.--If the Secretary of the Senate is
unable to meet the deadline established under subsection (a), the
Committee on Rules and Administration of the Senate may grant an
extension of the Secretary of the Senate.
(e) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.
Subtitle E--Other Reforms
SEC. 551. COMPLIANCE WITH LOBBYING DISCLOSURE.
Rule XXXVII of the Standing Rules of the Senate is amended by--
(1) redesignating paragraphs 10 through 13 as paragraphs 11
through 14, respectively; and
(2) inserting after paragraph 9, the following:
``10. Paragraphs 8 and 9 shall not apply to contacts with the staff
of the Secretary of the Senate regarding compliance with the lobbying
disclosure requirements of the Lobbying Disclosure Act of 1995.''.
[[Page 121 STAT. 773]]
SEC. 552. PROHIBIT OFFICIAL CONTACT WITH SPOUSE OR IMMEDIATE FAMILY
MEMBER OF MEMBER WHO IS A REGISTERED LOBBYIST.
Rule XXXVII of the Standing Rules of the Senate is amended by--
(1) redesignating paragraphs 11 through 14 as paragraphs 12
through 15, respectively; and
(2) inserting after paragraph 10, the following:
``11. (a) If a Member's spouse or immediate family member is a
registered lobbyist, or is employed or retained by such a registered
lobbyist or an entity that hires or retains a registered lobbyist for
the purpose of influencing legislation, the Member shall prohibit all
staff employed or supervised by that Member (including staff in
personal, committee, and leadership offices) from having any contact
with the Member's spouse or immediate family member that constitutes a
lobbying contact as defined by section 3 of the Lobbying Disclosure Act
of 1995 by such person.
``(b) Members and employees on the staff of a Member (including
staff in personal, committee, and leadership offices) shall be
prohibited from having any contact that constitutes a lobbying contact
as defined by section 3 of the Lobbying Disclosure Act of 1995 by any
spouse of a Member who is a registered lobbyist, or is employed or
retained by such a registered lobbyist.
``(c) The prohibition in subparagraph (b) shall not apply to the
spouse of a Member who was serving as a registered lobbyist at least 1
year prior to the most recent election of that Member to office or at
least 1 year prior to his or her marriage to that Member.''.
SEC. 553. <<NOTE: 2 USC 72a-1h.>> MANDATORY SENATE ETHICS TRAINING FOR
MEMBERS AND STAFF.
(a) Training Program.--The Select Committee on Ethics shall conduct
ongoing ethics training and awareness programs for Members of the Senate
and Senate staff.
(b) <<NOTE: Deadlines.>> Requirements.--The ethics training program
conducted by the Select Committee on Ethics shall be completed by--
(1) new Senators or staff not later than 60 days after
commencing service or employment; and
(2) Senators and Senate staff serving or employed on the
date of enactment of this Act not later than 165 days after the
date of enactment of this Act.
SEC. 554. <<NOTE: 2 USC 72a-1i.>> ANNUAL REPORT BY SELECT COMMITTEE ON
ETHICS.
The Select Committee on Ethics of the Senate shall issue an annual
report due no later than January 31, describing the following:
(1) The number of alleged violations of Senate rules
received from any source, including the number raised by a
Senator or staff of the committee.
(2) A list of the number of alleged violations that were
dismissed--
(A) for lack of subject matter jurisdiction or, in
which, even if the allegations in the complaint are
true, no violation of Senate rules would exist; or
(B) because they failed to provide sufficient facts
as to any material violation of the Senate rules beyond
mere allegation or assertion.
[[Page 121 STAT. 774]]
(3) The number of alleged violations in which the committee
staff conducted a preliminary inquiry.
(4) The number of alleged violations that resulted in an
adjudicatory review.
(5) The number of alleged violations that the committee
dismissed for lack of substantial merit.
(6) The number of private letters of admonition or public
letters of admonition issued.
(7) The number of matters resulting in a disciplinary
sanction.
(8) Any other information deemed by the committee to be
appropriate to describe its activities in the preceding year.
SEC. 555. <<NOTE: 2 USC 30b note.>> EXERCISE OF RULEMAKING POWERS.
The Senate adopts the provisions of this title--
(1) as an exercise of the rulemaking power of the Senate;
and
(2) with full recognition of the constitutional right of the
Senate to change those rules at any time, in the same manner,
and to the same extent as in the case of any other rule of the
Senate.
SEC. 556. <<NOTE: 2 USC 30b note.>> EFFECTIVE DATE AND GENERAL
PROVISIONS.
Except as otherwise provided in this title, this title shall take
effect on the date of enactment of this title.
TITLE VI--PROHIBITED USE OF PRIVATE AIRCRAFT
SEC. 601. RESTRICTIONS ON USE OF CAMPAIGN FUNDS FOR FLIGHTS ON
NONCOMMERCIAL AIRCRAFT.
(a) Restrictions.--Section 313 of the Federal Election Campaign Act
of 1971 (2 U.S.C. 439a) is amended by adding at the end the following
new subsection:
``(c) Restrictions on Use of Campaign Funds for Flights on
Noncommercial Aircraft.--
``(1) In general.--Notwithstanding any other provision of
this Act, a candidate for election for Federal office (other
than a candidate who is subject to paragraph (2)), or any
authorized committee of such a candidate, may not make any
expenditure for a flight on an aircraft unless--
``(A) the aircraft is operated by an air carrier or
commercial operator certificated by the Federal Aviation
Administration and the flight is required to be
conducted under air carrier safety rules, or, in the
case of travel which is abroad, by an air carrier or
commercial operator certificated by an appropriate
foreign civil aviation authority and the flight is
required to be conducted under air carrier safety rules;
or
``(B) the candidate, the authorized committee, or
other political committee pays to the owner, lessee, or
other person who provides the airplane the pro rata
share of the fair market value of such flight (as
determined by dividing the fair market value of the
normal and usual charter fare or rental charge for a
comparable plane of comparable size by the number of
candidates on the flight)
[[Page 121 STAT. 775]]
within a commercially reasonable time frame after the
date on which the flight is taken.
``(2) House candidates.--Notwithstanding any other provision
of this Act, in the case of a candidate for election for the
office of Representative in, or Delegate or Resident
Commissioner to, the Congress, an authorized committee and a
leadership PAC of the candidate may not make any expenditure for
a flight on an aircraft unless--
``(A) the aircraft is operated by an air carrier or
commercial operator certificated by the Federal Aviation
Administration and the flight is required to be
conducted under air carrier safety rules, or, in the
case of travel which is abroad, by an air carrier or
commercial operator certificated by an appropriate
foreign civil aviation authority and the flight is
required to be conducted under air carrier safety rules;
or
``(B) the aircraft is operated by an entity of the
Federal government or the government of any State.
``(3) Exception for aircraft owned or leased by candidate.--
``(A) In general.--Paragraphs (1) and (2) do not
apply to a flight on an aircraft owned or leased by the
candidate involved or an immediate family member of the
candidate (including an aircraft owned by an entity that
is not a public corporation in which the candidate or an
immediate family member of the candidate has an
ownership interest), so long as the candidate does not
use the aircraft more than the candidate's or immediate
family member's proportionate share of ownership allows.
``(B) Immediate family member defined.--In this
subparagraph (A), the term `immediate family member'
means, with respect to a candidate, a father, mother,
son, daughter, brother, sister, husband, wife, father-
in-law, or mother-in-law.
``(4) Leadership pac defined.--In this subsection, the term
`leadership PAC' has the meaning given such term in section
304(i)(8)(B).''.
(b) <<NOTE: 2 USC 439a note.>> Effective Date.--The amendment made
by subsection (a) shall apply with respect to flights taken on or after
the date of the enactment of this Act.
TITLE VII--MISCELLANEOUS PROVISIONS
SEC. 701. SENSE OF THE CONGRESS THAT ANY APPLICABLE RESTRICTIONS ON
CONGRESSIONAL OFFICIALS AND EMPLOYEES SHOULD APPLY TO THE
EXECUTIVE AND JUDICIAL BRANCHES.
It is the sense of the Congress that any applicable restrictions on
congressional officials and employees in this Act should apply to the
executive and judicial branches.
SEC. 702. KNOWING AND WILLFUL FALSIFICATION OR FAILURE TO REPORT.
Section 104(a) of the Ethics in Government Act of 1978 (5 U.S.C.
App.) is amended--
[[Page 121 STAT. 776]]
(1) by inserting ``(1)'' after ``(a)'';
(2) in paragraph (1), as so designated, by striking
``$10,000'' and inserting ``$50,000''; and
(3) by adding at the end the following:
``(2)(A) It shall be unlawful for any person to knowingly and
willfully--
``(i) falsify any information that such person is required
to report under section 102; and
``(ii) fail to file or report any information that such
person is required to report under section 102.
``(B) Any person who--
``(i) violates subparagraph (A)(i) shall be fined under
title 18, United States Code, imprisoned for not more than 1
year, or both; and
``(ii) violates subparagraph (A)(ii) shall be fined under
title 18, United States Code.''.
SEC. 703. <<NOTE: 2 USC 1601 note.>> RULE OF CONSTRUCTION.
Nothing in this Act or the amendments made by this Act shall be
construed to prohibit any expressive conduct protected from legal
prohibition by, or any activities protected by the free speech, free
exercise, or free association clauses of, the First Amendment to the
Constitution.
Approved September 14, 2007.
LEGISLATIVE HISTORY--S. 1:
---------------------------------------------------------------------------
CONGRESSIONAL RECORD, Vol. 153 (2007):
Jan. 9-12, 16-18, considered and passed Senate.
July 31, considered and passed House, amended.
Aug. 2, Senate concurred in House amendment.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 43 (2007):
Sept. 14, Presidential statement.
<all>