[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4667 Introduced in House (IH)]


109th CONGRESS
  2d Session
                                H. R. 4667

 To provide greater transparency with respect to lobbying activities, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 31, 2006

 Mr. Fitzpatrick of Pennsylvania introduced the following bill; which 
was referred to the Committee on the Judiciary, and in addition to the 
  Committees on Standards of Official Conduct, Rules, Resources, and 
 Government Reform, 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 provide greater transparency with respect to lobbying activities, 
                        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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Lobbying 
Transparency and Accountability Act of 2006''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
                 TITLE I--ENHANCING LOBBYING DISCLOSURE

Sec. 101. Quarterly filing of lobbying disclosure reports.
Sec. 102. Electronic filing of lobbying disclosure reports.
Sec. 103. Public database of lobbying disclosure information.
Sec. 104. Disclosure by registered lobbyists of all past executive and 
                            congressional employment.
Sec. 105. Disclosure of grassroots activities by paid lobbyists.
Sec. 106. Disclosure of lobbyist contributions and payments.
Sec. 107. Increased penalty for failure to comply with lobbying 
                            disclosure requirements.
Sec. 108. Disclosure of lobbying activities by certain coalitions and 
                            associations.
                  TITLE II--SLOWING THE REVOLVING DOOR

Sec. 201. Amendments to restrictions on former officers, employees, and 
                            elected officials of the executive and 
                            legislative branches.
Sec. 202. Additional employment rights.
Sec. 203. Public disclosure by Members of Congress of employment 
                            negotiations.
  TITLE III--CURBING EXCESSES IN PRIVATELY FUNDED TRAVEL AND LOBBYIST 
                                 GIFTS

Sec. 301. Requirement of full payment and disclosure of charter 
                            flights.
Sec. 302. Valuation of tickets to sporting and entertainment events.
Sec. 303. Ban on privately-funded travel.
               TITLE IV--OVERSIGHT OF ETHICS AND LOBBYING

Sec. 401. Comptroller General review and semiannual reports.
                      TITLE V--HOUSE RULES CHANGES

Sec. 501. Earmarks.
Sec. 502. Three-day layover requirement.
                      TITLE VI--POLITICAL ADVOCACY

Sec. 601. Prohibition on the use of Federal funds for political 
                            advocacy.
Sec. 602. Disclosure requirements.
Sec. 603. Federal entity report.
Sec. 604. Public accountability.
Sec. 605. Severability.
Sec. 606. First amendment rights preserved.

                 TITLE I--ENHANCING LOBBYING DISCLOSURE

SEC. 101. QUARTERLY FILING OF LOBBYING DISCLOSURE REPORTS.

    (a) Quarterly Filing Required.--Section 5 of the Lobbying 
Disclosure Act of 1995 (in this title referred to as the ``Act'') (2 
U.S.C. 1604) is 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(10) of the Act (2 U.S.C. 1602) 
        is amended by striking ``six month period'' and inserting 
        ``three-month period''.
            (2) Registration.--Section 4 of the 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(6) of the Act (2 U.S.C. 
        1605(6)) is amended by striking ``semiannual period'' and 
        inserting ``quarterly period''.
            (4) Estimates.--Section 15 of the 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) Registration.--Section 4 of the Act (2 U.S.C. 
                1603) is 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) Reports.--Section 5 of the Act (2 U.S.C. 1604) 
                is 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. 102. ELECTRONIC FILING OF LOBBYING DISCLOSURE REPORTS.

    Section 5 of the Act (2 U.S.C. 1604) is amended by adding at the 
end the following:
    ``(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. 103. PUBLIC DATABASE OF LOBBYING DISCLOSURE INFORMATION.

    (a) Database Required.--Section 6 of the Act (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 and inserting 
        ``; and''; and
            (3) by adding at the end the following:
            ``(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, at a minimum, by 
                each of the categories of information described in 
                section 4(b) or 5(b).''.
    (b) Availability of Reports.--Section 6(4) of the Act is amended by 
inserting before the semicolon 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 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 Act, as added by subsection (a).

SEC. 104. DISCLOSURE BY REGISTERED LOBBYISTS OF ALL PAST EXECUTIVE AND 
              CONGRESSIONAL EMPLOYMENT.

    Section 4(b)(6) of the Act (2 U.S.C. 1603) is amended by striking 
``or a covered legislative branch official'' and all that follows 
through ``as a lobbyist on behalf of the client,'' and inserting ``or a 
covered legislative branch official,''.

SEC. 105. DISCLOSURE OF GRASSROOTS ACTIVITIES BY PAID LOBBYISTS.

    (a) Disclosure of Grassroots Activities.--Section 3 of the Act (2 
U.S.C. 1602) is amended--
            (1) in paragraph (2), by inserting ``or grassroots lobbying 
        activities'' after ``lobbying activities'' both places it 
        appears; and
            (2) by adding at the end the following new paragraphs--
            ``(17) Grassroots lobbying.--The term `grassroots 
        lobbying'--
                    ``(A) means any attempt to influence the general 
                public, or segments thereof, to engage in lobbying 
                contacts whether or not those contacts were made on 
                behalf of a client; and
                    ``(B) does not include any attempt described in 
                subparagraph (A) by a person or entity directed to its 
                members, employees, officers or shareholders, unless 
                such attempt is financed with funds directly or 
                indirectly received from or arranged by a retained 
                registrant.
            ``(18) Grassroots lobbyist.--The term `grassroots lobbyist' 
        means any individual who is retained by a client for financial 
        or other compensation for services to engage in grassroots 
        lobbying.
            ``(19) Grassroots lobbying firm.--The term `grassroots 
        lobbying firm'--
                    ``(A) means a person or entity that has 1 or more 
                employees who are grassroots lobbyists on behalf of a 
                client other than that person or entity; and
                    ``(B) includes a self-employed individual who is a 
                grassroots lobbyist.
            ``(20) Grassroots lobbying activities.--The term 
        `grassroots lobbying activities' means grassroots lobbying and 
        efforts in support of grassroots lobbying, including 
        preparation and planning activities, research and other 
        background work that is intended, at the time it is performed, 
        for use in grassroots lobbying, and coordination with the 
        lobbying activities or grassroots lobbying activities of 
        others.
            ``(21) Leadership pac.--The term `leadership PAC' means, 
        with respect to an individual holding Federal office, an 
        unauthorized political committee which is associated with such 
        individual.''.
    (b) Registration.--Section 4(a) of the Act (2 U.S.C. 1603(a)) is 
amended--
            (1) in paragraph (1), by striking ``45'' and inserting 
        ``20'';
            (2) by redesignating paragraph (3) as paragraph (4);
            (3) by inserting after paragraph (2) the following:
            ``(3) Grassroots lobbying.--Not later than 20 days after a 
        grassroots lobbying firm first is retained by a client to 
        engage in grassroots lobbying, such grassroots lobbying firm 
        shall register with the Secretary of the Senate and the Clerk 
        of the House of Representatives.''; and
            (4) in paragraph (4)(A), as redesignated--
                    (A) by striking ``paragraphs (1) and (2)'' and 
                inserting ``paragraphs (1), (2), and (3)''; and
                    (B) in clause (i), by inserting ``and grassroots 
                lobbying activities'' after ``lobbying activities''.
    (c) Separate Itemization of Grassroots Expenses.--Section 5(b) of 
the Act (2 U.S.C. 1604(b)) is amended--
            (1) in paragraph (3), by--
                    (A) inserting after ``total amount of all income'' 
                the following: ``(including a separate good faith 
                estimate of the total amount relating specifically to 
                grassroots lobbying activities and, within that amount, 
                a good faith estimate of the total amount specifically 
                relating to grassroots lobbying through paid 
                advertising)'';
                    (B) inserting ``or a grassroots lobbying firm'' 
                after ``lobbying firm'';
                    (C) inserting ``or grassroots lobbying activities'' 
                after ``lobbying activities'' both places it appears; 
                and
                    (D) striking ``and'' after the semicolon;
            (2) in paragraph (4), by--
                    (A) inserting after ``total expenses'' the 
                following: ``(including a separate good faith estimate 
                of the total amount relating specifically to grassroots 
                lobbying activities and, within that total amount, a 
                separate good faith estimate of the total amount 
                specifically relating to grassroots lobbying through 
                paid advertising)'';
                    (B) inserting ``or grassroots lobbying activities'' 
                after ``lobbying activities'' both places it appears; 
                and
                    (C) striking the period and inserting ``; and''; 
                and
            (3) by adding at the end the following:
            ``(5) in the case of a grassroots lobbying firm, for each 
        client--
                    ``(A) a list of the specific issues upon which the 
                registrant engaged in grassroots lobbying activities, 
                including, to the maximum extent practicable, a list of 
                bill numbers and references to specific executive 
                branch activities;
                    ``(B) the total disbursements made for grassroots 
                lobbying activities, and a subtotal for disbursements 
                made for grassroots lobbying through paid advertising;
                    ``(C) identification of each person or entity who 
                received a disbursement of funds for grassroots 
                lobbying activities of $10,000 or more during the 
                period and the total amount each person or entity 
                received; and
                    ``(D) if such disbursements are made through a 
                person or entity who serves as an intermediary or 
                conduit, identification of each such intermediary or 
                conduit, identification of the person or entity who 
                receives the funds, and the total amount each such 
                person or entity received.''.
    (d) Large Grassroots Expenditure.--Section 5(a) of the Act (2 
U.S.C. 1604(a)) is amended--
            (1) by striking ``No later'' and inserting ``Except as 
        provided in paragraph (2), not later''; and
            (2) by adding at the end the following:
            ``(2) Large grassroots expenditure.--A registrant that is a 
        grassroots lobbying firm and that receives income of, or spends 
        or agrees to spend, an aggregate amount of $250,000 or more on 
        grassroots lobbying activities for a client, or for a group of 
        clients for a joint effort, shall file--
                    ``(A) a report under this section not later than 20 
                days after receiving, spending, or agreeing to spend 
                that amount; and
                    ``(B) an additional report not later than 20 days 
                after each time such lobbyist or lobbying firm receives 
                income of, or spends or agrees to spend, an aggregate 
                amount of $250,000 or more on grassroots lobbying 
                activities for a client, or for a group of clients for 
                a joint effort.''.

SEC. 106. DISCLOSURE OF LOBBYIST CONTRIBUTIONS AND PAYMENTS.

    Section 5(b) of the Act (2 U.S.C. 1604(b)) is amended--
            (1) in paragraph (4), by striking ``and'' after the 
        semicolon;
            (2) in paragraph (5), by striking the period and inserting 
        a semicolon; and
            (3) by adding at the end the following:
            ``(6) for each registrant (and for any political committee, 
        as defined in 301(4) of the Federal Election Campaign Act of 
        1971 (2 U.S.C. 431(4)), affiliated with such registrant), and 
        for each employee listed as a lobbyist by a registrant under 
        paragraph (2)(C)--
                    ``(A) the name of each Federal candidate or 
                officeholder, leadership PAC, or political party 
                committee, to whom a contribution was made, and the 
                date and amount of such contribution; and
                    ``(B) the name of each Federal candidate or 
                officeholder, or a leadership PAC of such candidate or 
                officeholder, or political party committee for whom a 
                fundraising event was hosted, cohosted, or otherwise 
                sponsored, the date and location of the event, and the 
                total amount raised by the event;
            ``(7) the name of each covered legislative branch official 
        or covered executive branch official for whom the registrant or 
        employee listed as a lobbyist provided, or directed or arranged 
        to be provided, any payment or reimbursements for travel and 
        related expenses in connection with the duties of such covered 
        official, including for each such official--
                    ``(A) an itemization of the payments or 
                reimbursements provided to finance the travel and 
                related expenses and to whom the payments or 
                reimbursements were made, including any payment or 
                reimbursement made with the express or implied 
                understanding or agreement that such funds will be used 
                for travel and related expenses;
                    ``(B) the purpose and final itinerary of the trip, 
                including a description of all meetings, tours, events, 
                and outings attended;
                    ``(C) the names of any registrant or individual 
                employed by the registrant who traveled on any such 
                trip;
                    ``(D) the identity of official or listed sponsor of 
                travel; and
                    ``(E) the identity of any person or entity, other 
                than the listed sponsor of the travel, which directly 
                or indirectly provided for payment of travel and 
                related expenses at the request or suggestion of the 
                registrant or the employee;
            ``(8) the date, recipient, and amount of funds contributed 
        or disbursed by, or arranged by, a registrant or employee 
        listed as a lobbyist--
                    ``(A) to pay the costs of an event to honor or 
                recognize a covered legislative branch official or 
                covered executive branch official;
                    ``(B) to, or on behalf of, an entity that is named 
                for a covered legislative branch official or covered 
                executive branch official, or to a person or entity in 
                recognition of such official;
                    ``(C) 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
                    ``(D) to pay the costs of a meeting, retreat, 
                conference or other similar event held by, or for the 
                benefit of, 1 or more covered legislative branch 
                officials or covered executive branch officials;
        except that this paragraph shall not apply to any payment or 
        reimbursement made from funds required to be reported under 
        section 304 of the Federal Election Campaign Act of 1971 (2 
        U.S.C. 434); and
            ``(9) the date, recipient, and amount of any gift (that 
        under the rules of the House of Representatives or Senate 
        counts towards the one hundred dollar cumulative annual limit 
        described in such rules) valued in excess of $20 given by a 
        registrant or employee listed as a lobbyist to a covered 
        legislative branch official or covered executive branch 
        official.
For purposes of paragraph (9), the term `gift' means a gratuity, favor, 
discount, entertainment, hospitality, loan, forbearance, or other item 
having monetary value. The term includes gifts of services, training, 
transportation, lodging, and meals, whether provided in kind, by 
purchase of a ticket, payment in advance, or reimbursement after the 
expense has been incurred.''.

SEC. 107. INCREASED PENALTY FOR FAILURE TO COMPLY WITH LOBBYING 
              DISCLOSURE REQUIREMENTS.

    Section 7 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1606) is 
amended by striking ``$50,000'' and inserting ``$100,000''.

SEC. 108. 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 or grassroots lobbying activities on behalf 
                of that person or entity. A person or entity whose 
                employees act as lobbyists on its own behalf if both a 
                client and an employer of such employees.
                    ``(B) Treatment of coalitions and associations.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), in the case of a coalition or 
                        association of 2 or more groups that retains a 
                        person to conduct lobbying activities or 
                        grassroots lobbying activities, each group 
                        whose total contribution to the coalition or 
                        association in connection with the lobbying 
                        activities or grassroots lobbying activities 
                        exceeds an aggregate of $10,000 during the 
                        reporting period is the client along with the 
                        coalition or association.
                            ``(ii) Exception for certain tax exempt 
                        associations.--In the case of an association 
                        which is described in any paragraph of section 
                        501(c) of the Internal Revenue Code of 1986 and 
                        exempt from tax under section 501(a) of such 
                        Code, the association (and not its members) 
                        shall be treated as the client.
                            ``(iii) Membership.--Nothing in this 
                        paragraph shall be construed to require the 
                        disclosure of any information about the members 
                        of, or donors to, a group which is treated as a 
                        client by this provision.''.

                  TITLE II--SLOWING THE REVOLVING DOOR

SEC. 201. 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 Code, is amended by 
striking ``within 1 year'' and inserting ``within 2 years''.
    (b) Members of Congress, Officers, and Employees of the Legislative 
Branch.--Section 207(e) of title 18, United States Code, is amended--
            (1) in paragraph (1)(A), by striking ``within 1 year'' and 
        inserting ``within 2 years'';
            (2) in paragraph (2)(A), by striking ``within 1 year'' and 
        inserting ``within 2 years'';
            (3) in paragraph (3), by striking ``within 1 year'' and 
        inserting ``within 2 years''; and
            (4) in paragraph (4)(A), by striking ``within 1 year'' and 
        inserting ``within 2 years''.

SEC. 202. ADDITIONAL EMPLOYMENT RIGHTS.

    (a) In General.--Section 104 of the Indian Self-Determination and 
Education Assistance Act (25 U.S.C. 450i) is amended by striking 
subsection (j) and inserting the following:
    ``(j) Additional Employment Rights.--
            ``(1) In general.--Notwithstanding sections 205 and 207 of 
        title 18, United States Code, an officer or employee of the 
        United States assigned to an Indian tribe under section 3372 of 
        title 5, United States Code, or section 2072 of the Revised 
        Statutes (25 U.S.C. 48), or an individual that was formerly an 
        officer or employee of the United States and who is an employee 
        of an Indian tribe employed to perform services pursuant to 
        self-governance contracts or compacts under this Act that the 
        individual formerly performed for the United States, may 
        communicate with and appear before any department, agency, 
        court, or commission on behalf of the Indian tribe with respect 
        to any matter relating to the contract or compact, including 
        any matter in which the United States is a party or has a 
        direct and substantial interest.
            ``(2) Notification of involvement in pending matter.--An 
        officer, employee, or former officer or employee described in 
        paragraph (1) shall submit to the head of each appropriate 
        department, agency, court, or commission, in writing, a 
        notification of any personal and substantial involvement the 
        officer, employee, or former officer or employee had as an 
        officer or employee of the United States with respect to the 
        pending matter.''.
    (b) Effective Date.--The effective date of the amendment made by 
this section shall be the date that is 1 year after the date of 
enactment of this Act.

SEC. 203. 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 file with 
the Clerk of the House of Representatives for public disclosure, a 
statement 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. Such statement shall be 
made within 3 days after the commencement of such negotiation or 
arrangement.''.
    (b) Senate.--Rule XXXVII of the Standing Rules of the Senate is 
amended by adding at the end the following:
    ``13. A Member shall file with the Secretary of the Senate, for 
public disclosure, a statement 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. Such statement 
shall be made within 3 days after the commencement of such negotiation 
or arrangement.''.

  TITLE III--CURBING EXCESSES IN PRIVATELY FUNDED TRAVEL AND LOBBYIST 
                                 GIFTS

SEC. 301. REQUIREMENT OF FULL PAYMENT AND DISCLOSURE OF CHARTER 
              FLIGHTS.

    (a) House of Representatives.--
            (1) In general.--Clause 5(a)(3)(A) of rule XXV of the 
        Standing Rules of the House of Representatives is amended by--
                    (A) inserting ``(1)'' after ``(A)''; and
                    (B) adding at the end the following:
            ``(2) Market value for a flight on an airplane that is not 
        licensed by the Federal Aviation Administration to operate for 
        compensation or hire shall be the fair market value of a 
        charter flight. The Committee on Standards of Official Conduct 
        shall make public information received under this subparagraph 
        as soon as possible after it is received.''.
            (2) Disclosure.--Clause 5 of Rule XXV of the Standing Rules 
        of the House of Representatives is amended by adding at the end 
        the following:
    ``(g) A Member, officer, or employee who takes a flight described 
in paragraph (a)(3)(A)(2) shall, with respect to the flight, file a 
report with the Clerk of the House of Representatives for public 
disclosure within 10 days after the flight--
            ``(1) the date of the flight;
            ``(2) the destination of the flight who else was on the 
        flight, other than those operating the plane; and
            ``(3) the purpose of the trip.''.
    (b) Senate.--
            (1) In general.--Paragraph 1(c)(1) of rule XXXV of the 
        Standing Rules of the Senate is amended by--
                    (A) inserting ``(A)'' after ``(1)''; and
                    (B) adding at the end the following:
            ``(B) Market value for a flight on an airplane that is not 
        licensed by the Federal Aviation Administration to operate for 
        compensation or hire shall be the fair market value of a 
        charter flight. The Select Committee on Ethics shall make 
        public information received under this subparagraph as soon as 
        possible after it is received.''.
            (2) Disclosure.--Paragraph 1 of rule XXXV of the Standing 
        Rules of the Senate is amended by adding at the end the 
        following:
    ``(h) A Member, officer, or employee who takes a flight described 
in subparagraph (c)(1)(B) shall, with respect to the flight, file a 
report with the Secretary of the Senate for public disclosure within 10 
days after the flight--
            ``(1) the date of the flight;
            ``(2) the destination of the flight;
            ``(3) who else was on the flight, other than those 
        operating the plane; and
            ``(4) the purpose of the trip.''.
    (c) Candidates.--Subparagraph (B) of section 301(8) of the Federal 
Election Campaign Act of 1971 (42 U.S.C. 431(8)(B)) is amended by--
            (1) in clause (xiii), striking ``and'' at the end;
            (2) in clause (xiv), by striking the period and inserting 
        ``; and''; and
            (3) by adding at the end the following :
                            ``(xv) any travel expense for a flight on 
                        an airplane that is not licensed by the Federal 
                        Aviation Administration to operate for 
                        compensation or hire, but only if the candidate 
                        or the candidate's authorized committee or 
                        other political committee pays within 7 days 
                        after the date of the flight to the owner, 
                        lessee, or other person who provides the use of 
                        the airplane an amount not less than the normal 
                        and usual charter fare or rental charge for a 
                        comparable commercial airplane of appropriate 
                        size.''.

SEC. 302. VALUATION OF TICKETS TO SPORTING AND ENTERTAINMENT EVENTS.

    (a) In General.--For a covered executive branch official, a gift of 
a ticket to a sporting or entertainment event shall be valued at the 
face value of the ticket, provided that in the case of a ticket without 
a face value, the ticket shall be valued at the highest cost of a 
ticket with a face value for the event.
    (b) Senate.--Paragraph 1(b)(1) of Rule XXXV of the Standing Rules 
of the Senate is amended by--
            (1) inserting ``(A)'' after ``(1)''; and
            (2) adding at the end the following:
                    ``(B) A gift of a ticket to a sporting or 
                entertainment event shall be valued at the face value 
                of the ticket, provided that in the case of a ticket 
                without a face value, the ticket shall be valued at the 
                highest cost of a ticket with a face value for the 
                event.''.
    (c) House.--Clause 5(a)(2)(A) of Rule XXV of the Standing Rules of 
the House of Representatives is amended by--
            (1) inserting ``(i)'' after ``(A)''; and
            (2) adding at the end the following:
                            ``(ii) A gift of a ticket to a sporting or 
                        entertainment event shall be valued at the face 
                        value of the ticket, provided that in the case 
                        of a ticket without a face value, the ticket 
                        shall be valued at the highest cost of a ticket 
                        with a face value for the event.''.

SEC. 303. BAN ON PRIVATELY-FUNDED TRAVEL.

    Clause 5 of rule XXV of the Rules of the House of Representatives 
is amended by adding at the end the following:
    ``(g) Notwithstanding any other provision of this clause, no 
Member, Delegate, Resident Commissioner, officer, or employee of the 
House may accept a gift of travel (including any transportation, 
lodging, and meals during such travel) from any private source.''.

               TITLE IV--OVERSIGHT OF ETHICS AND LOBBYING

SEC. 401. COMPTROLLER GENERAL REVIEW AND SEMIANNUAL REPORTS.

    (a) Ongoing Review Required.--The Comptroller General shall review 
on an ongoing basis the activities carried out by the Clerk of the 
House of Representatives and the Secretary of the Senate under section 
6 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1605). The review 
shall emphasize--
            (1) the effectiveness of those activities in securing the 
        compliance by lobbyists with the requirements of that Act; and
            (2) whether the Clerk and the Secretary have the resources 
        and authorities needed for effective oversight and enforcement 
        of that Act.
    (b) Semiannual Reports.--Twice yearly, not later than January 1 and 
not later than July 1 of each year, the Comptroller General shall 
submit to Congress a report on the review required by subsection (a). 
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--
            (1) improve the compliance by lobbyists with the 
        requirements of that Act; and
            (2) provide the Clerk and the Secretary with the resources 
        and authorities needed for effective oversight and enforcement 
        of that Act.

                      TITLE V--HOUSE RULES CHANGES

SEC. 501. EARMARKS.

    Rule XXI of the Rules of the House of Representatives is amended by 
adding at the end the following new clause:
    ``7. It shall not be in order to consider a general appropriation 
bill, a bill making supplemental appropriations, or a joint resolution 
continuing appropriations, or amendment thereto or conference report 
thereon, if--
            ``(1) the report accompanying such bill or joint resolution 
        or the joint explanatory statement of managers accompanying a 
        conference report on the bill or joint resolution contains any 
        earmarks; or
            ``(2) such bill or joint resolution contains any earmark 
        and does not set forth the name of the Member requesting the 
        earmark and the congressional district that contains the 
        subject of the earmark.''.

SEC. 502. THREE-DAY LAYOVER REQUIREMENT.

    Clause 8(a)(1)(A) of the Rules of the House of Representatives is 
amended by inserting ``and on the Internet to the general public'' 
before the semicolon.

                      TITLE VI--POLITICAL ADVOCACY

SEC. 601. PROHIBITION ON THE USE OF FEDERAL FUNDS FOR POLITICAL 
              ADVOCACY.

    (a) Limitations.--Notwithstanding any other provision of law, the 
following limitations apply to any grant which is made from funds 
appropriated under this or any other Act or controlled under any 
congressional authorization until Congress provides specific exceptions 
in subsequent Acts:
            (1) No grantee may use funds from any grant to engage in 
        political advocacy.
            (2) No grant applicant may receive any grant if its 
        expenditures for political advocacy for any one of the previous 
        five Federal fiscal years exceeded its prohibited political 
        advocacy threshold (but no Federal fiscal year before 1996 
        shall be considered). For purposes of this title, the 
        prohibited political advocacy threshold for a given Federal 
        fiscal year is to be determined by the following formula:
                    (A) calculate the difference between the grant 
                applicant's total expenditures made in a given Federal 
                fiscal year and the total grants it received in that 
                Federal fiscal year;
                    (B) for the first $20,000,000 of the difference 
                calculated in (A), multiply by .05;
                    (C) for the remainder of the difference calculated 
                in (A), multiply by .01;
                    (D) the sum of the products described in (B) and 
                (C) equals the prohibited political advocacy threshold.
            (3) During any one Federal fiscal year in which a grantee 
        has possession, custody or control of grant funds, the grantee 
        shall not use any funds (whether derived from grants or 
        otherwise) to engage in political advocacy in excess of its 
        prohibited political advocacy threshold for the prior Federal 
        fiscal year.
            (4) No grantee may use funds from any grant to purchase or 
        secure any goods or services (including dues and membership 
        fees) from any other individual, entity, or organization whose 
        expenditures for political advocacy for the previous Federal 
        fiscal year exceeded 15 percent of its total expenditures for 
        that Federal fiscal year.
            (5) No grantee may use funds from any grant for any purpose 
        (including but not limited to extending subsequent grants to 
        any other individual, entity, or organization) other than to 
        purchase or secure goods or services, except as specifically 
        permitted by Congress in the law authorizing the grant.
            (6) Any individual, entity, or organization that awards or 
        administers a grant shall take reasonable steps to ensure that 
        the grantee complies with the requirements of this title. 
        Reasonable steps to ensure compliance shall include written 
        notice to a grantee that it is receiving a grant, and that the 
        provisions of this title apply to the grantee.
    (b) Enforcement.--The following enforcement provisions apply with 
respect to the limitations imposed under subsection (a):
            (1) Each grantee shall be subject to audit from time to 
        time as follows:
                    (A) Audits may be requested and conducted by the 
                General Accounting Office or other auditing entity 
                authorized by Congress, including the inspector general 
                of the Federal entity awarding or administering the 
                grant.
                    (B) Grantees shall follow generally accepted 
                accounting principles in keeping books and records 
                relating to each grant and no Federal entity may impose 
                more burdensome accounting requirements for purposes of 
                enforcing this title.
                    (C) A grantee that engages in political advocacy 
                shall have the burden of proving, by clear and 
                convincing evidence, that it is in compliance with the 
                limitations of this section.
            (2) Violations by a grantee of the limitations contained in 
        subsection (a) may be enforced and the grant may be recovered 
        in the same manner and to the same extent as a false or 
        fraudulent claim for payment or approval made to the Federal 
        Government pursuant to sections 3729 through 3812 of title 31, 
        United States Code.
            (3) Any officer or employee of the Federal Government who 
        awards or administers funds from any grant to a grantee who is 
        not in compliance with this section shall--
                    (A) for knowing or negligent noncompliance with 
                this section, be subjected to appropriate 
                administrative discipline, including, when 
                circumstances warrant, suspension from duty without pay 
                or removal from office; and
                    (B) for knowing noncompliance with this section, 
                pay a civil penalty of not more than $5,000 for each 
                improper disbursement of funds.
    (c) Definitions.--For purposes of this title:
            (1) Political advocacy.--The term ``political advocacy'' 
        includes--
                    (A) carrying on propaganda, or otherwise attempting 
                to influence legislation or agency action, including, 
                but not limited to monetary or in-kind contributions, 
                endorsements, publicity, or similar activity;
                    (B) participating or intervening in (including the 
                publishing or distributing of statements) any political 
                campaign on behalf of (or in opposition to) any 
                candidate for public office, including but not limited 
                to monetary or in-kind contributions, endorsements, 
                publicity, or similar activity;
                    (C) participating in any judicial litigation or 
                agency proceeding (including as an amicus curiae) in 
                which agents or instrumentalities of Federal, State, or 
                local governments are parties, other than litigation in 
                which the grantee or grant applicant: is a defendant 
                appearing in its own behalf; is defending its tax-
                exempt status; or is challenging a government decision 
                or action directed specifically at the powers, rights, 
                or duties of that grantee or grant applicant; and
                    (D) allocating, disbursing, or contributing any 
                funds or in-kind support to any individual, entity or 
                organization whose expenditures for political advocacy 
                for the previous Federal fiscal year exceeded 15 
                percent of its total expenditures for that Federal 
                fiscal year.
            (2) Influence legislation or agency action.--
                    (A) General rule.--Except as otherwise provided in 
                subparagraph (B), the term ``influence legislation or 
                agency action'' includes--
                            (i) any attempt to influence any 
                        legislation or agency action through an attempt 
                        to affect the opinions of the general public or 
                        any segment thereof, and
                            (ii) any attempt to influence any 
                        legislation or agency action through 
                        communication with any member or employee of a 
                        legislative body or agency, or with any 
                        government official or employee who may 
                        participate in the formulation of the 
                        legislation or agency action.
                    (B) Exceptions.--The term ``influence legislation 
                or agency action'' does not include--
                            (i) making available the results of 
                        nonpartisan analysis, study, research, or 
                        debate;
                            (ii) providing technical advice or 
                        assistance (where such advice would otherwise 
                        constitute the influencing of legislation or 
                        agency action) to a governmental body or to a 
                        committee or other subdivision thereof in 
                        response to a written request by such body or 
                        subdivision, as the case may be;
                            (iii) communications between the grantee 
                        and its bona fide members with respect to 
                        legislation, proposed legislation, agency 
                        action, or proposed agency action of direct 
                        interest to the grantee and such members, other 
                        than communications described in subparagraph 
                        (C);
                            (iv) any communication with a governmental 
                        official or employee; other than--
                                    (I) a communication with a member 
                                or employee of a legislative body or 
                                agency (where such communication would 
                                otherwise constitute the influencing of 
                                legislation or agency action); or
                                    (II) a communication the principal 
                                purpose of which is to influence 
                                legislation or agency action; and
                            (v) official communications by employees of 
                        State or local governments, or by organizations 
                        whose membership consists exclusively of State 
                        or local governments.
                    (C) Communications with members.--
                            (i) A communication between a grantee and 
                        any bona fide member of such organization to 
                        directly encourage such member to communicate 
                        as provided in paragraph (2)(A)(ii) shall be 
                        treated as a (2)(A)(ii) communication by the 
                        grantee itself.
                            (ii) A communication between a grantee and 
                        any bona fide member of such organization to 
                        directly encourage such member to urge persons 
                        other than members to communicate as provided 
                        in either clause (i) or (ii) of paragraph 
                        (2)(A) shall be treated as a communication 
                        described in paragraph (2)(A)(i).
            (3) The term ``legislation'' includes the introduction, 
        amendment, enactment, passage, defeat, ratification, or repeal 
        of Acts, bills, resolutions, treaties, declarations, 
        confirmations, articles of impeachment, or similar items by the 
        Congress, any State legislature, any local council or similar 
        governing body, or by the public in a referendum, initiative, 
        constitutional amendment, recall, confirmation, or similar 
        procedure.
            (4) The term ``grant'' includes the provision of any 
        Federal funds, appropriated under this or any other Act, or 
        other thing of value to carry out a public purpose of the 
        United States, except: the provision of funds for acquisition 
        (by purchase, lease or barter) of property or services for the 
        direct benefit or use of the United States, or the payments of 
        loans, debts, or entitlements; or the provision of funds to an 
        Article I or III court.
            (5) The term ``grantee'' includes any recipient of any 
        grant. The term shall not include any state or local 
        government, but shall include any recipient receiving a grant 
        (as defined by subsection c(4)) from a state or local 
        government.
            (6) The term ``agency action'' includes the definition 
        contained in section 551 of Title 5, United States Code, and 
        includes action by state or local government agencies.
            (7) The term ``agency proceeding'' includes the definition 
        contained in section 551 of Title 5, United States Code, and 
        includes proceedings by state or local government agencies.

SEC. 602. DISCLOSURE REQUIREMENTS.

    (a) Not later than December 31 of each year, a grantee shall 
provide (via either electronic or paper medium) to each Federal entity 
that awarded or administered its grant an annual report for the prior 
Federal fiscal year, certified by the grantee's chief executive officer 
or equivalent person of authority, and setting forth: the grantee's 
name, the grantee's identification number, and--
            (1) a statement that the grantee did not engage in 
        political advocacy; or,
            (2) a statement that the grantee did engage in political 
        advocacy, and setting forth for each grant--
                    (A) the grant identification number;
                    (B) the amount or value of the grant (including all 
                administrative and overhead costs awarded);
                    (C) a brief description of the purpose or purposes 
                for which the grant was awarded;
                    (D) the identity of each Federal, state and local 
                government entity awarding or administering the grant, 
                and program thereunder;
                    (E) the name and grantee identification number of 
                each individual, entity, or organization to whom the 
                grantee made a grant;
                    (F) a brief description of the grantee's political 
                advocacy, and a good faith estimate of the grantee's 
                expenditures on political advocacy;
                    (G) a good faith estimate of the grantee's 
                prohibited political advocacy threshold.
    (b) OMB Coordination.--The Office of Management and Budget shall 
develop by regulation one standardized form for the annual report that 
shall be accepted by every Federal entity, and a uniform procedure by 
which each grantee is assigned one permanent and unique grantee 
identification number.

SEC. 603. FEDERAL ENTITY REPORT.

    Not later than May 1 of each calendar year, each Federal entity 
awarding or administering a grant shall submit to the Bureau of the 
Census a report (standardized by the Office of Management and Budget) 
setting forth the information provided to such Federal entity by each 
grantee during the preceding Federal fiscal year, and the name and 
grantee identification number of each grantee to whom it provided 
written notice under section 601(a)(6). The Bureau of the Census shall 
make this database available to the public through the Internet.

SEC. 604. PUBLIC ACCOUNTABILITY.

    (a) Any Federal entity awarding a grant shall make publicly 
available any grant application, audit of a grantee, list of grantees 
to whom notice was provided under section 601(a)(6), annual report of a 
grantee, and that Federal entity's annual report to the Bureau of the 
Census.
    (b) The public's access to the documents identified in section 
604(a) shall be facilitated by placement of such documents in the 
Federal entity's public document reading room and also by expediting 
any requests under section 552 of title 5, United States Code, the 
Freedom of Information Act as amended, ahead of any requests for other 
information pending at such Federal entity.
    (c) Records described in section (a) shall not be subject to 
withholding except under exemption (b)(7)(A) of section 552 of title 5, 
United States Code.
    (d) No fees for searching for or copying such documents shall be 
charged to the public.

SEC. 605. SEVERABILITY.

    If any provision of this title or the application thereof to any 
person or circumstance is held invalid, the remainder of this title and 
the application of such provision to other persons and circumstances 
shall not be affected thereby.

SEC. 606. FIRST AMENDMENT RIGHTS PRESERVED.

    Nothing in this title shall be deemed to abridge any rights 
guaranteed under the first amendment of the United States Constitution, 
including freedom of speech, or of the press; or the right of the 
people peaceably to assemble, and to petition the Government for a 
redress of grievances.
                                 <all>