[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4696 Introduced in House (IH)]


109th CONGRESS
  2d Session
                                H. R. 4696

To make certain reforms in lobbying, ethics, and campaign finance laws, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 1, 2006

    Mr. Rogers of Michigan introduced the following bill; which was 
  referred to the Committee on the Judiciary, and in addition to the 
   Committees on Government Reform, House Administration, Rules, and 
 Resources, 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 make certain reforms in lobbying, ethics, and campaign finance laws, 
                        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 ``Restoring Trust in 
Government Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

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

Sec. 101. Independent commission on lobbying and ethics.
Sec. 102. Lobbying disclosure reports to be made monthly and online.
Sec. 103. Criminal penalties for failure to comply with lobbying 
                            disclosure requirements.
Sec. 104. Suspension of floor privileges for former Members and 
                            officers who are registered lobbyists.
Sec. 105. Expansion of one-year prohibition on lobbying by senior 
                            congressional staff to cover lobbying any 
                            Member or committee.
Sec. 106. Four-year prohibition on Federal employees lobbying Congress 
                            for foreign governments.
                    TITLE II--ADMINISTRATIVE REFORMS

Sec. 201. Random audits of Members' annual financial disclosure 
                            statements.
Sec. 202. Criminal penalties for intentionally misrepresenting facts on 
                            financial disclosure statement.
Sec. 203. Independent commission required to affirmatively approve all 
                            privately funded travel by Members and 
                            staff.
Sec. 204. Federal pension revoked if Member or staff is convicted of 
                            any Federal offense related to bribery.
                   TITLE III--INDIAN GAMBLING REFORM

Sec. 301. Indian gambling reform.
          TITLE IV--CLOSING LOOPHOLES IN CAMPAIGN FINANCE LAW

Sec. 401. Treatment of Indian tribes as corporations for purposes of 
                            regulation of campaign spending.
Sec. 402. Prohibiting section 527 organizations from disbursing funds 
                            for electioneering communications.

                        TITLE I--LOBBYING REFORM

SEC. 101. INDEPENDENT COMMISSION ON LOBBYING AND ETHICS.

    (a) Establishment.--There is hereby established in the legislative 
branch a commission on lobbying and ethics.
    (b) Duties.--The duties of the commission shall be to carry out 
this Act and any other duties assigned to the commission under law.
    (c) Members.--The commission shall be composed of 4 members 
appointed as follows:
            (1) 1 member appointed by the Speaker of the House of 
        Representatives.
            (2) 1 member appointed by the minority leader of the House 
        of Representatives.
            (3) 1 member appointed by the majority leader of the 
        Senate.
            (4) 1 member appointed by the minority leader of the 
        Senate.
    (d) Terms.--Each member shall be appointed for a term of 2 years. 
Any member appointed to fill a vacancy occurring before the expiration 
of the term for which the member's predecessor was appointed shall be 
appointed only for the remainder of that term. A member may serve after 
the expiration of that member's term until a successor has taken 
office. A vacancy in the commission shall be filled in the manner in 
which the original appointment was made.
    (e) Basic Pay.--Members shall each be paid no more than the maximum 
annual rate of pay for any employee of the House of Representatives 
whose pay is disbursed by the Chief Administrative Officer of the House 
of Representatives, as set forth under an order of the Speaker of the 
House of Representatives pursuant to the authority vested in the 
Speaker under section 311(a) of the Legislative Branch Appropriations 
Act, 1988 (2 U.S.C. 60a-2a).
    (f) Quorum.--3 members of the commission shall constitute a quorum 
but a lesser number may hold hearings.
    (g) Chairperson.--The Chairperson of the commission shall be 
designated by the Speaker of the House of Representatives.
    (h) Fee-Based Funding.--The commission shall, under such 
regulations as the commission may prescribe, charge and collect, from 
persons required to register under the Lobbying Disclosure Act of 1995, 
reasonable fees to cover the estimated cost to the commission incident 
to the performance of its duties. The fees authorized by this 
subsection shall, as nearly as practicable, cover the costs of the 
commission incident to its performance of its duties. Such fees shall 
be deposited into a fund which shall be available without fiscal year 
limitation for the expenses of the commission incident to performing 
its duties.

SEC. 102. LOBBYING DISCLOSURE REPORTS TO BE MADE MONTHLY AND ONLINE TO 
              COMMISSION.

    (a) In General.--In addition to any other report required by 
section 5 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1604), each 
registrant under that Act shall file a monthly report with the 
commission established under section 101. The report shall cover the 
lobbying activities that relate to Congress. A separate report shall be 
filed for each client of the registrant.
    (b) Manner of Filing.--Each report required by subsection (a) shall 
cover a calendar month. It shall be filed in electronic form 
immediately after the end of that month.
    (c) Contents.--Each such report shall include all the matters 
specified in section 5(b) of the Lobbying Disclosure Act of 1995, 
except that the report shall cover--
            (1) only the calendar month; and
            (2) only activities that relate to Congress.
    (d) Publication Online.--Upon receiving a report under this 
section, the commission shall immediately make that report available to 
the public on the Internet.

SEC. 103. CRIMINAL PENALTIES 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 ``shall, upon proof'' and inserting ``shall--
            ``(A) be fined under title 18, United States Code, or 
        imprisoned not more than 1 year, or both; and
            ``(B) upon proof''.

SEC. 104. SUSPENSION OF FLOOR PRIVILEGES FOR FORMER MEMBERS AND 
              OFFICERS WHO ARE REGISTERED LOBBYISTS.

    Clause 4(a) of rule IV of the Rules of the House of Representatives 
is amended by inserting ``(A)'' after ``(1)'', by striking ``(2)'' and 
inserting ``(B)'', by striking the period at the end thereof and 
inserting ``; or'', and by adding at the end the following new 
subparagraph:
            ``(2) they are not lobbyists registered under the Lobbying 
        Disclosure Act of 1995 or any successor statute or lobbyists 
        who, as employees of an organization, are covered by the 
        registration of any such organization under that Act or any 
        successor law.''.

SEC. 105. EXPANSION OF ONE-YEAR PROHIBITION ON LOBBYING BY SENIOR 
              CONGRESSIONAL STAFF TO COVER LOBBYING ANY MEMBER OR 
              COMMITTEE.

    Section 207(e) of title 18, United States Code, is amended--
            (1) in paragraph (1)(A), by striking ``or (C)'';
            (2) by striking paragraph (1)(C);
            (3) in paragaph (2)(B), by striking ``are the following:'' 
        and all that follows through the period at the end and 
        inserting ``are any Member, officer, or employee of either 
        House of Congress, and any employee of any other legislative 
        office of the Congress.'';
            (4) in paragraph (3), by striking ``any person who is a 
        Member or an employee of that committee or who was a Member of 
        the committee in the year immediately prior to the termination 
        of such person's employment by the committee,'' and inserting 
        ``any person who is a Member, officer, or employee of either 
        House of Congress, or any employee of any other legislative 
        office of the Congress,'';
            (5) in paragraph (4)(B), by striking ``are the following:'' 
        and all that follows through the period at the end and 
        inserting ``are any Member, officer, or employee of either 
        House of Congress, and any employee of any other legislative 
        office of the Congress.'';
            (6) in paragraph (5)(B), by striking ``are the employees 
        and officers'' and all that follows through the period at the 
        end and inserting ``are any Member, officer, or employee of 
        either House of Congress, and any employee of any other 
        legislative office of the Congress.''; and
            (7) in paragraph (6)(A), by striking ``terminated, was paid 
        a rate of'' and inserting ``terminated--
                    ``(i) had responsibilities a significant portion of 
                which related to the development of policy; or
                    ``(ii) was paid a rate of''.

SEC. 106. FOUR-YEAR PROHIBITION ON FEDERAL EMPLOYEES LOBBYING CONGRESS 
              FOR FOREIGN GOVERNMENTS.

    Section 207(f) of title 18, United States Code, is amended--
            (1) by redesignating paragraphs (2) and (3) as paragraphs 
        (3) and (4), respectively; and
            (2) by inserting after paragraph (1) the following new 
        paragraph:
            ``(2) Lobbying congress.--(A) Any person who is subject to 
        the restrictions contained in subsection (c), (d), or (e) and 
        who knowingly, within 4 years after leaving the position, 
        office, or employment referred to in such subsection, makes, 
        with the intent to influence, any communication to or 
        appearance before any person described in subparagraph (B), on 
        behalf of any foreign entity in connection with any matter on 
        which such person or foreign entity 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) The persons referred to in subparagraph (A) are any 
        Member, officer, or employee of either House of Congress, and 
        any employee of any other legislative office of the 
        Congress.''.

                    TITLE II--ADMINISTRATIVE REFORMS

SEC. 201. RANDOM AUDITS OF MEMBERS' ANNUAL FINANCIAL DISCLOSURE 
              STATEMENTS.

    (a) In General.--The commission established by section 101 shall--
            (1) randomly select reports filed under title I of the 
        Ethics in Government Act of 1978 by Members of Congress; and
            (2) carry out a thorough audit of each report so selected.
    (b) Secretary and Clerk to Provide.--The Secretary of the Senate 
and the Clerk of the House shall provide to the commission established 
by section 101 each report filed under title I of the Ethics in 
Government Act of 1978 by every Member of Congress.

SEC. 202. CRIMINAL PENALTIES FOR INTENTIONALLY MISREPRESENTING FACTS ON 
              FINANCIAL DISCLOSURE STATEMENT.

    Section 104 of the Ethics in Government Act of 1978 is amended by 
adding at the end the following new subsection:
    ``(e) Whoever knowingly and willfully falsifies any information 
that the individual is required to report pursuant to section 102 shall 
be fined under title 18, United States Code, imprisoned not more than 1 
year, or both.''.

SEC. 203. INDEPENDENT COMMISSION REQUIRED TO AFFIRMATIVELY APPROVE ALL 
              PRIVATELY FUNDED TRAVEL BY MEMBERS AND STAFF.

    (a) In General.--The commission established by section 101 shall 
review, and shall promptly approve or disapprove, any expense related 
to business travel by any congressional employee that is paid for, or 
to be paid for, by private funds pertaining to business.
    (b) Prohibition.--A congressional employee may not accept or engage 
in business travel the expenses of which have not been approved in 
advance under subsection (a).

SEC. 204. FEDERAL PENSION REVOKED IF MEMBER OR STAFF IS CONVICTED OF 
              ANY FEDERAL OFFENSE RELATED TO BRIBERY.

    (a) Civil Service Retirement System.--Section 8332 of title 5, 
United States Code, is amended by adding at the end the following:
    ``(o)(1) Notwithstanding any other provision of this subchapter, 
the service of an individual finally convicted of a Federal offense 
described in paragraph (2) shall not, if or to the extent rendered as a 
Member or congressional employee (irrespective of when rendered), be 
taken into account for purposes of this subchapter. 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) An offense described in this paragraph is bribery or 
conspiracy to commit bribery, committed after the date of the enactment 
of this subsection.''.
    (b) Federal Employees' Retirement System.--Section 8411 of title 5, 
United States Code, is amended by adding at the end the following:
    ``(i)(1) Notwithstanding any other provision of this subchapter, 
the service of an individual finally convicted of a Federal offense 
described in paragraph (2) shall not, if or to the extent rendered as a 
Member or congressional employee (irrespective of when rendered), be 
taken into account for purposes of this subchapter. 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 bribery or 
conspiracy to commit bribery, committed after the date of the enactment 
of this subsection.''.

                   TITLE III--INDIAN GAMBLING REFORM

SEC. 301. INDIAN GAMBLING REFORM.

    (a) Gaming Investors.--Section 7(b)(3) of the Indian Gaming 
Regulatory Act (25 U.S.C. 2706(b)(3)) is amended to read as follows:
            ``(3) shall conduct or cause to be conducted background 
        investigations on the 10 persons or entities with the highest 
        financial interest (such as loans, debt-based financing, 
        financial backing for equipment or other startup or operation 
        costs, and other financial interests as determined by the 
        Commission) in a gaming operation regulated by the Commission 
        and such other background investigations as may be 
        necessary;''.
    (b) Tribal Gaming Officials.--Section 11(b)(2)(F)(i) of the Indian 
Gaming Regulatory Act (25 U.S.C. 2710(b)(2)(F)(i)) is amended--
            (1) by striking ``conducted on'' the first place it appears 
        and inserting ``conducted by the Commission on tribal gaming 
        commissioners, key tribal gaming commission employees, and''; 
        and
            (2) by striking ``such officials and their management'' and 
        inserting ``such individuals''.
    (c) Approval of Financial Interests.--Section 6 of the Indian 
Gaming Regulatory Act (25 U.S.C. 2705) is amended--
            (1) in paragraph (3), by striking ``; and'' and inserting a 
        semicolon;
            (2) in paragraph (4), by striking the period and inserting 
        ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(4) approve financial interests between the 10 persons or 
        entities with the highest financial interest (such as loans, 
        debt-based financing, financial backing for equipment or other 
        startup or operation costs, and other financial interests as 
        determined by the Commission) and a gaming operation regulated 
        by the Commission.''.
    (d) Commission Funding.--Section 18(a)(2)(B) of the Indian Gaming 
Regulatory Act (25 U.S.C. 2717(a)(2)(B)) is amended by striking 
``$8,000,000'' and inserting ``$16,000,000''.
    (e) Class II Gaming.--Section 11(b)(1) of the Indian Gaming 
Regulatory Act (25 U.S.C. 2710(b)(1)) is amended--
            (1) in subparagraph (A), by striking ``and'' at the end;
            (2) in subparagraph (B), by striking the period and 
        inserting ``; and''; and
            (3) by adding at the end the following new subparagraph:
                    ``(C)(i) conducted on lands taken into trust before 
                the date of the enactment of this subparagraph; or
                            ``(ii) conducted on lands taken into trust 
                        after the date of the enactment of this 
                        subparagraph only if the application requesting 
                        that the land be taken into trust stated that 
                        the Indian tribe intended to conduct gaming 
                        activities on such land.''.
    (f) Class III Gaming.--Section 11(d)(1) of the Indian Gaming 
Regulatory Act (25 U.S.C. 2710(d)(1)) is amended--
            (1) in subparagraph (B), by striking ``and'' at the end;
            (2) in subparagraph (C), by striking the period and 
        inserting ``; and''; and
            (3) by adding at the end the following new subparagraph:
                    ``(D)(i) conducted on lands taken into trust before 
                the date of the enactment of this subparagraph; or
                            ``(ii) conducted on lands taken into trust 
                        after the date of the enactment of this 
                        subparagraph only if the application requesting 
                        that the land be taken into trust stated that 
                        the Indian tribe intended to conduct gaming 
                        activities on such land.''.
    (g) Approval of Compacts by State.--Section 11(d) of the Indian 
Gaming Regulatory Act (25 U.S.C. 2710(d)) is amended by adding at the 
end the following new paragraph:
            ``(10) For the purposes of State approval under this 
        subsection, the term `State' shall mean the Governor of the 
        State and the legislative body of the State.''.
    (h) Restriction on Gaming.--
            (1) Amendments.--Section 20 of the Indian Gaming Regulatory 
        Act (25 U.S.C. 2719) is amended--
                    (A) by amending paragraph (1) of subsection (b) to 
                read as follows:
            ``(1)(A) Subsection (a) shall not apply to Indian land of 
        an Indian tribe if each of the conditions in subparagraph (B) 
        are satisfied and the Indian tribe--
                            ``(i) was newly recognized after October 
                        17, 1988 (including those newly recognized 
                        under the Federal Acknowledgement Process at 
                        the Bureau of Indian Affairs);
                            ``(ii) was restored by legislation, court 
                        decree, or any other process after having been 
                        terminated by Federal law; or
                            ``(iii) on the date of the enactment of 
                        subsection (e), had no lands held in trust by 
                        the United States for the benefit of the Indian 
                        tribe, no reservation, and no lands held by the 
                        Indian tribe subject to restriction by the 
                        United States against alienation over which the 
                        Indian tribe exercised governmental power.
                    ``(B) The conditions referred to in subparagraph 
                (A) are the following:
                            ``(i) The Secretary determines that the 
                        lands acquired in trust for the benefit of the 
                        Indian tribe for the purposes of gaming are 
                        lands within the State where the Indian tribe 
                        has its primary geographic, social, and 
                        historical nexus to the land.
                            ``(ii) The Secretary determines that the 
                        proposed gaming activity is in the best 
                        interest of the Indian tribe, its tribal 
                        members, and would not be detrimental to the 
                        surrounding community.
                            ``(iii) The State, city, county, town, 
                        parish, village, and other general purpose 
                        political subdivisions of the State with 
                        authority over land that is concurrent or 
                        contiguous to the lands acquired in trust for 
                        the benefit of the Indian tribe for the 
                        purposes of gaming approve.''; and
                    (B) by adding at the end the following new 
                subsection:
    ``(e) Notwithstanding any other provision of this Act, an Indian 
tribe may conduct gaming regulated by this Act on only one contiguous 
parcel of Indian lands. Such Indian lands must be located where that 
Indian tribe has its primary geographic, social, and historical nexus 
and within the State or States where the Indian tribe is primarily 
located.''.
            (2) Statutory construction.--The amendments made by 
        paragraph (1) shall be applied prospectively. Compacts or other 
        agreements that govern gaming regulated by the Indian Gaming 
        Regulatory Act that were in effect on the date of the enactment 
        of this Act shall not be affected by the amendments made by 
        paragraph (1).

          TITLE IV--CLOSING LOOPHOLES IN CAMPAIGN FINANCE LAW

SEC. 401. TREATMENT OF INDIAN TRIBES AS CORPORATIONS FOR PURPOSES OF 
              REGULATION OF CAMPAIGN SPENDING.

    (a) In General.--Section 316 of the Federal Election Campaign Act 
of 1971 (2 U.S.C. 441b) is amended by adding at the end the following 
new subsection:
    ``(d) Treatment of Indian Tribes as Corporations.--
            ``(1) In general.--For purposes of this section, the term 
        `corporation' includes an unincorporated Indian tribe.
            ``(2) Treatment of members as stockholders.--In applying 
        this subsection, the members of an unincorporated Indian tribe 
        shall be treated in the same manner as the stockholders of a 
        corporation.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply with respect to elections occurring after December 2006.

SEC. 402. PROHIBITING SECTION 527 ORGANIZATIONS FROM DISBURSING FUNDS 
              FOR ELECTIONEERING COMMUNICATIONS.

    (a) Prohibition.--Title III of the Federal Election Campaign Act of 
1971 (2 U.S.C. 431 et seq.) is amended by adding at the end the 
following new section:

   ``prohibiting section 527 organizations from disbursing funds for 
                     electioneering communications

    ``Sec. 325. (a) Prohibition.--
            ``(1) In general.--A section 527 organization may not make 
        any disbursement for any electioneering communication (as 
        defined in section 304(f)(3)).
            ``(2) Coverage of direct or indirect payments.--For 
        purposes of paragraph (1), an electioneering communication 
        shall be treated as made by a section 527 organization if the 
        organization directly or indirectly disburses any amount for 
        any of the costs of the communication.
    ``(b) Definition.--In this section, the term `section 527 
organization' means, with respect to disbursements made in a taxable 
year, an entity treated as a political organization under section 527 
of the Internal Revenue Code of 1986 for such taxable year, except that 
such term does not include a political committee.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply with respect to disbursements made on or after the date of the 
enactment of this Act.
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