[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5101 Introduced in House (IH)]






108th CONGRESS
  2d Session
                                H. R. 5101

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 15, 2004

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

_______________________________________________________________________

                                 A BILL


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

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Democracy in Congress Act of 2004''.

            TITLE I--REFORMING THE HOUSE OF REPRESENTATIVES

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

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

SEC. 102. MAXIMUM VOTING TIME.

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

SEC. 103. RESTRICTION OF LATE NIGHT VOTING.

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

SEC. 104. RESTRICTIVE RULE LIMITATION.

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

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

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

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

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

SEC. 107. COMMITTEE ON HOUSE ADMINISTRATION.

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

SEC. 108. CONTROL OF COMMITTEE ON GOVERNMENT REFORM.

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

SEC. 109. CONFERENCE COMMITTEE DISCLOSURE REQUIREMENT.

    (a) Clear Identification of New Material in Conference Reports.--In 
rule XXII, clause 7(e) is amended by adding at the end the following 
new sentence: ``The joint explanatory statement shall separately 
identify and explain each provision of the report which was not 
contained in the bill or resolution (or House or Senate amendment 
thereto, as applicable) for which the committee of conference was held, 
and, if possible, identify the Member who proposed such provision.''.
    (b) Sense of the Congress on Conference Committee Protocols.--It is 
the sense of the Congress that--
            (1) conference committees should hold regular, formal 
        meetings of all conferees;
            (2) all conferees should be given adequate notice of the 
        time and place of all such meetings; and
            (3) all conferees should be afforded an opportunity to 
        participate in full and complete debates of the matters that 
        such conference committees may recommend to their respective 
        Houses.

SEC. 110. CREATION OF BIPARTISAN BLUE-RIBBON COMMISSION ON HOUSE 
              OVERSIGHT.

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

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

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

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

SEC. 202. ELECTRONIC FILING OF LOBBYING DISCLOSURE REPORTS.

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

SEC. 203. PUBLIC DATABASE OF LOBBYING DISCLOSURE INFORMATION.

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

SEC. 204. 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 further amended--
            (1) in subsection (a)--
                    (A) by striking ``Semiannual'' and inserting 
                ``Quarterly'';
                    (B) by striking ``the semiannual period'' and all 
                that follows through ``July of each year'' and insert 
                ``the quarterly period beginning on the first days of 
                January, April, July, and October of each year''; and
                    (C) by striking ``such semiannual period'' and 
                insert ``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''.
    (b) Conforming Amendments.--
            (1) Definition.--Section 3 of such Act (2 U.S.C. 1602) is 
        amended in paragraph (10) by striking ``six month period'' and 
        inserting ``three-month period''.
            (2) Registration.--Section 4 of such Act (2 U.S.C. 1603) is 
        amended--
                    (A) in subsection (a)(3)(A) by striking 
                ``semiannual period'' and inserting ``quarterly 
                period''; and
                    (B) in subsection (b)(3)(A) by striking 
                ``semiannual period'' and inserting ``quarterly 
                period''.
            (3) Enforcement.--Section 6 of such Act (2 U.S.C. 1605) is 
        amended in paragraph (6) by striking ``semiannual period'' and 
        inserting ``quarterly period''.
            (4) Estimates.--Section 15 of such Act (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.--
                    (A) Section 4 of such Act (2 U.S.C. 1603) is 
                further amended--
                            (i) in subsection (a)(3)(A)(i), by striking 
                        ``$5,000'' and inserting ``$2,500'';
                            (ii) in subsection (a)(3)(A)(ii), by 
                        striking ``$20,000'' and inserting ``$10,000'';
                            (iii) in subsection (b)(3)(A), by striking 
                        ``$10,000'' and inserting ``$5,000''; and
                            (iv) in subsection (b)(4), by striking 
                        ``$10,000'' and inserting ``$5,000''.
                    (B) Section 5 of such Act (2 U.S.C. 1604) is 
                further amended--
                            (i) in subsection (c)(1), by striking 
                        ``$10,000'' and ``$20,000'' and inserting 
                        ``$5,000'' and ``$10,000'', respectively; and
                            (ii) in subsection (c)(2), by striking 
                        ``$10,000'' both places such term appears and 
                        inserting ``$5,000''.

SEC. 205. DISCLOSURE OF GRASSROOTS ACTIVITIES BY PAID LOBBYISTS.

     Section 3 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1602) 
is amended--
            (1) in paragraph (8) by adding at the end the following new 
        subparagraph:
                    ``(C) Grassroots activities.--Notwithstanding 
                subparagraph (B), the term `lobbying contact' also 
                includes a grassroots lobbying communication.''; and
            (2) by adding at the end the following new paragraph:
            ``(17) Grassroots lobbying communication.--The term 
        `grassroots lobbying communication' means an attempt to 
        influence legislation or executive action through the use of 
        mass communications (except mass communications through the 
        Internet) directed to the general public and designed to 
        encourage recipients to take specific action with respect to 
        specific legislation or executive action, except that such term 
        does not include any communications by an entity directed to 
        its members, employees, officers, or shareholders. For purposes 
        of this paragraph, a communication is designed to encourage a 
        recipient if any of the following applies:
                    ``(A) The communication states that the recipient 
                should contact a legislator, or should contact an 
                officer or employee of an executive agency.
                    ``(B) The communication provides the address, phone 
                number, and contact information of a legislator or of 
                an officer or employee of an executive agency.
                    ``(C) The communication provides a petition, tear-
                off postcard, or similar material for the recipient to 
                send to a legislator or to an officer or employee of an 
                executive agency.
                    ``(D)(i) Subject to clause (ii), the communication 
                specifically identifies an individual who--
                            ``(I) is in a position to consider or vote 
                        on the legislation;
                            ``(II) represents the recipient in 
                        Congress; or
                            ``(III) is an officer or employee of the 
                        executive agency to which the legislation or 
                        executive action relates.
                    ``(ii) A communication described in clause (i) is a 
                grassroots lobbying communication only if it is a 
                communication that cannot meet the `full and fair 
                exposition' test as nonpartisan analysis, study, or 
                research.''.

SEC. 206. IDENTIFICATION OF OFFICIALS WITH WHOM LOBBYING CONTACTS ARE 
              MADE.

     Section 5 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1604) 
is further amended in subsection (b)(2)--
            (1) by redesignating subparagraphs (B) through (D) as 
        subparagraphs (C) through (E), respectively; and
            (2) by inserting after subparagraph (A) the following new 
        subparagraph:
                    ``(B) for each specific issue listed pursuant to 
                subparagraph (A), a list identifying each covered 
                executive branch official and each Member of Congress 
                with whom a lobbyist employed by the registrant engaged 
                in a lobbying contact with respect to that issue;''.

SEC. 207. DISCLOSURE OF LOBBYING ACTIVITIES BY CERTAIN COALITIONS AND 
              ASSOCIATIONS.

    (a) In General.--Paragraph (2) of section 3 of the Lobbying 
Disclosure Act of 1995 (2 U.S.C. 1602) is amended to read as follows:
            ``(2) Client.--
                    ``(A) In general.--The term `client' means any 
                person or entity that employs or retains another person 
                for financial or other compensation to conduct lobbying 
                activities on behalf of that person or entity. A person 
                or entity whose employees act as lobbyists on its own 
                behalf is both a client and an employer of such 
                employees.
                    ``(B) Treatment of coalitions and associations.--
                            ``(i) In general.--Except as provided in 
                        clauses (ii) and (iii), in the case of a 
                        coalition or association that employs or 
                        retains other persons to conduct lobbying 
                        activities, each of the individual members of 
                        the coalition or association (and not the 
                        coalition or association) is the client. For 
                        purposes of section 4(a)(3), the preceding 
                        sentence shall not apply, and only the 
                        coalition or association shall be treated as 
                        the client.
                            ``(ii) Exception for certain tax-exempt 
                        associations.--In case of an association--
                                    ``(I) which is described in 
                                paragraph (3) of section 501(c) of the 
                                Internal Revenue Code of 1986 and 
                                exempt from tax under section 501(a) of 
                                such Code, or
                                    ``(II) which is described in any 
                                other paragraph of section 501(c) of 
                                the Internal Revenue Code of 1986 and 
                                exempt from tax under section 501(a) of 
                                such Code and which has substantial 
                                exempt activities other than lobbying 
                                with respect to the specific issue for 
                                which it engaged the person filing the 
                                registration statement under section 4,
                        the association (and not its members) shall be 
                        treated as the client.
                            ``(iii) Exception for certain members.--
                                    ``(I) In general.--Information on a 
                                member of a coalition or association 
                                need not be included in any 
                                registration under section 4 if the 
                                amount reasonably expected to be 
                                contributed by such member toward the 
                                activities of the coalition or 
                                association of influencing legislation 
                                is less than $500 per any quarterly 
                                period.
                                    ``(II) Exception.--Subclause (I) 
                                shall not apply with respect to any 
                                member who unexpectedly makes aggregate 
                                contributions of more than $500 in any 
                                quarterly period, and the date the 
                                aggregate of such contributions first 
                                exceeds $500 in such period shall be 
                                treated as the date of first employment 
                                or retention to make a lobbying contact 
                                for purposes of section 4.
                            ``(iv) Look-through rules.--In the case of 
                        a coalition or association which is treated as 
                        a client under the first sentence of clause 
                        (i)--
                                    ``(I) such coalition or association 
                                shall be treated as employing or 
                                retaining other persons to conduct 
                                lobbying activities for purposes of 
                                determining whether any individual 
                                member thereof is treated as a client 
                                under clause (i), and
                                    ``(II) information on such 
                                coalition or association need not be 
                                included in any registration under 
                                section 4 of the coalition or 
                                association with respect to which it is 
                                treated as a client under clause 
                                (i).''.
    (b) Effective Date.--
            (1) In general.--The amendments made by this section shall 
        apply to--
                    (A) coalitions and associations listed on 
                registration statements filed under section 4 of the 
                Lobbying Disclosure Act of 1995 after the date of the 
                enactment of this Act, and
                    (B) coalitions and associations for whom any 
                lobbying contact is made after the date of the 
                enactment of this Act.
            (2) Special rule.--In the case of any coalition or 
        association to which the amendments made by this Act apply by 
        reason of paragraph (1)(B), the person required by such section 
        4 to file a registration statement with respect to such 
        coalition or association shall file a new registration 
        statement within 30 days after the date of the enactment of 
        this section.

SEC. 208. REFORM OF WAIVER PROCESS FOR ACTS AFFECTING A PERSONAL 
              FINANCIAL INTEREST.

     Section 208 of title 18, United States Code, is amended--
            (1) in subsection (b)(1)--
                    (A) by inserting after ``the Government official 
                responsible for appointment to his or her position'' 
                the following: ``and the Office of Government Ethics''; 
                and
                    (B) by striking ``a written determination made by 
                such official'' and inserting ``a written determination 
                made by the Office of Government Ethics, after 
                consultation with such official,''; and
            (2) in subsection (b)(3), by striking ``the official 
        responsible for the employee's appointment, after review of'' 
        and inserting ``the Office of Government Ethics, after 
        consultation with the official responsible for the employee's 
        appointment and after review of''; and
            (3) in subsection (d)(1)--
                    (A) by striking ``Upon request'' and all that 
                follows through ``Ethics in Government Act of 1978.'' 
                and inserting ``In each case in which the Office of 
                Government Ethics makes a determination granting an 
                exemption under subsection (b)(1) or (b)(3) to a 
                person, the Office shall, not later than 3 business 
                days after making such determination, make available to 
                the public pursuant to the procedures set forth in 
                section 105 of the Ethics in Government Act of 1978, 
                and publish in the Federal Register, such determination 
                and the materials submitted by such person in 
                requesting such exemption.''; and
                    (B) strike ``the agency may withhold'' and insert 
                ``the Office of Government Ethics may withhold''.

SEC. 209. PUBLIC DISCLOSURE BY MEMBERS OF CONGRESS OF EMPLOYMENT 
              NEGOTIATIONS.

    (a) House of Representatives.--The Code of Official Conduct set 
forth in rule XXIII of the Rules of the House of Representatives is 
amended by redesignating clause 14 as clause 15 and by inserting after 
clause 13 the following new clause:
            ``14. A Member, Delegate, or Resident Commissioner shall 
        publicly disclose the fact that he or she is negotiating or has 
        any arrangement concerning prospective employment if a conflict 
        of interest or the appearance of a conflict of interest may 
        exist.''.
    (b) Senate.--[Text to be supplied by the Senate].
                                 <all>