[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1398 Introduced in Senate (IS)]








109th CONGRESS
  1st Session
                                S. 1398

   To provide more rigorous requirements with respect to ethics and 
                               lobbying.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 14, 2005

 Mr. Feingold introduced the following bill; which was read twice and 
referred to the Committee on Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
   To provide more rigorous requirements with respect to ethics and 
                               lobbying.

    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 and 
Ethics Reform Act of 2005''.
    (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. Identification of officials with whom lobbying contacts are 
                            made.
Sec. 105. Disclosure by registered lobbyists of all past executive and 
                            congressional employment.
Sec. 106. Disclosure of grassroots activities by paid lobbyists.
Sec. 107. Disclosure of lobbying activities by certain coalitions and 
                            associations.
Sec. 108. Increased penalty for failure to comply with lobbying 
                            disclosure requirements.
                  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. Reform of waiver process for acts affecting a personal 
                            financial interest.
Sec. 203. Public disclosure by Members of Congress of employment 
                            negotiations.
Sec. 204. Wrongfully influencing, on a partisan basis, an entity's 
                            employment decisions or practices.
Sec. 205. Amendment to Code of Official Conduct to prohibit favoritism.
Sec. 206. Elimination of floor privileges and other perks for former 
                            Member lobbyists.
  TITLE III--CURBING EXCESSES IN PRIVATELY FUNDED TRAVEL AND LOBBYIST 
                                 GIFTS

Sec. 301. Required certification that congressional travel meets 
                            certain conditions.
Sec. 302. Requirement of full payment and disclosure of charter 
                            flights.
Sec. 303. False certification in connection with congressional travel.
Sec. 304. Increased disclosure of travel by Members.
Sec. 305. Guidelines respecting travel expenses.
Sec. 306. Prohibition on gifts by registered lobbyists to Members of 
                            Congress and to congressional employees.
Sec. 307. Prohibition on members accepting gifts from lobbyists.
               TITLE IV--OVERSIGHT OF ETHICS AND LOBBYING

Sec. 401. Comptroller General review and semiannual report on 
                            activities carried out by Clerk of the 
                            House and Secretary of the Senate under 
                            Lobbying Disclosure Act of 1995.

                 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 (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 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. 102. ELECTRONIC FILING OF LOBBYING DISCLOSURE REPORTS.

    Section 5 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1604) is 
further amended by adding at the end the following 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. 103. PUBLIC DATABASE OF LOBBYING DISCLOSURE INFORMATION.

    (a) Database Required.--Section 6 of the Lobbying Disclosure Act of 
1995 (2 U.S.C. 1605) is further amended--
            (1) in paragraph (7), by striking ``and'' at the end;
            (2) in paragraph (8), by striking the period at the end and 
        inserting ``; 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, at a minimum, 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. 104. 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 through oral communication with 
                respect to that issue and the date on which each such 
                contact occurred.''.

SEC. 105. DISCLOSURE BY REGISTERED LOBBYISTS OF ALL PAST EXECUTIVE AND 
              CONGRESSIONAL EMPLOYMENT.

    Section 4 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1603) is 
further amended in subsection (b)(6) 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. 106. DISCLOSURE OF GRASSROOTS ACTIVITIES BY PAID LOBBYISTS.

    (a) Disclosure of Grassroots Activities.--Section 3 of the Lobbying 
Disclosure Act of 1995 (2 U.S.C. 1602) is further amended 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 directed to the general public and designed 
        to encourage recipients to take specific action with respect to 
        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.''.
    (b) Separate Itemization of Grassroots Expenses.--Section 5 of the 
Lobbying Disclosure Act of 1995 (2 U.S.C. 1604) is further amended in 
subsection (b)--
            (1) in paragraph (3), by inserting after ``total amount of 
        all income'' the following: ``(including an itemization of the 
        total amount relating specifically to grassroots lobbying 
        communications and, within that amount, an itemization of the 
        total amount specifically relating to broadcast media 
        grassroots lobbying communications)''; and
            (2) in paragraph (4), by inserting after ``total expenses'' 
        the following: ``(including an itemization of the total amount 
        relating specifically to grassroots lobbying communications 
        and, within that total amount, an itemization of the total 
        amount specifically relating to broadcast media grassroots 
        lobbying communications)''.

SEC. 107. 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 
                        clause (ii), in the case of a coalition or 
                        association that employs or retains persons to 
                        conduct lobbying activities, each person, other 
                        than an individual who is a member of the 
                        coalition or association, whose total 
                        contribution to the coalition or association in 
                        connection with the lobbying activities exceeds 
                        the $10,000 registration threshold described in 
                        section 4(a)(3)(A)(ii) of this Act, is the 
                        client along with the coalition or association.
                            ``(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,
                        the association (and not its members) shall be 
                        treated as the client.
                            ``(iii) Look-thru rules.--A coalition or 
                        association and its members, which would 
                        otherwise be treated as a client, shall not 
                        avoid the registration and reporting 
                        requirements of this Act by employing or 
                        retaining another coalition or association to 
                        conduct lobbying activities.''.
    (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 (2 U.S.C. 1603) 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 Act.

SEC. 108. 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''.

                  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.--
            (1) In general.--The matter after subparagraph (C) in 
        section 207(d)(1) of title 18, United States Code, is amended 
        to read as follows:
``and who, within 2 years after the termination of that person's 
service in that position, engages in lobbying activities directed at 
any person described in paragraph (2), on behalf of any other person 
(except the United States), shall be punished as provided in section 
216 of this title.''.
            (2) Conforming amendment.--The first sentence of section 
        207(h)(1) of title 18, United States Code, is amended by 
        inserting after ``subsection (c)'' the following: ``and 
        subsection (d)''.



    (b) Senior Executive Personnel.--Section 207(c)(1) of title 18, 
United States Code, is amended by striking ``within 1 year after'' and 
inserting ``within 2 years after''.
    (c) Former Members of Congress and Officers and Employees of the 
Legislative Branch.--
            (1) In general.--Section 207(e) of title 18, United States 
        Code, is amended--
                    (A) by striking paragraphs (1), (2), (3), and (4) 
                and inserting the following:
            ``(1) Members of congress and elected officers.--Any person 
        who is a Member of Congress or an elected officer of either 
        House of Congress and who, within 2 years after that person 
        leaves office, knowingly engages in lobbying activities on 
        behalf of any other person (except the United States) in 
        connection with any matter on which such former Member of 
        Congress or elected officer seeks action by a Member, officer, 
        or employee of either House of Congress shall be punished as 
        provided in section 216 of this title.
            ``(2) Congressional employees.--
                    ``(A) In general.--Any person who is an employee of 
                the Senate or an employee of the House of 
                Representatives, who, for at least 60 days, in the 
                aggregate, during the 1-year period before the 
                termination of employment of that person with the 
                Senate or House of Representatives, was paid a rate of 
                basic pay equal to or greater than an amount which is 
                75 percent of the basic rate of pay payable for a 
                Member of the House of Congress in which such employee 
                was employed, within 2 years after termination of such 
                employment, knowingly makes, with the intent to 
                influence, any communication to or appearance before 
                any of the persons described in subparagraph (B), on 
                behalf of any other person (except the United States) 
                in connection with any matter on which such former 
                employee 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) Persons referred to.--The persons referred to 
                under subparagraph (A) with respect to appearances or 
                communications by a former employee are any Member, 
                officer, or employee of the House of Congress in which 
                such former employee served.'';
                    (B) in paragraph (6)--
                            (i) in subparagraph (A), by striking 
                        ``paragraphs (2), (3), and (4)'' and inserting 
                        ``paragraph (2)''; and
                            (ii) in subparagraph (B), by striking 
                        ``paragraph (5)'' and inserting ``paragraph 
                        (3)'';
                    (C) in paragraph (7)(G), by striking ``, (2), (3), 
                or (4)'' and inserting ``or (2)''; and
                    (D) by redesignating paragraphs (5), (6), and (7) 
                as paragraphs (3), (4), and (5), respectively.
            (2) Definition.--Section 207(i) of title 18, United States 
        Code, is amended--
                    (A) in paragraph (2), by striking ``and'' after the 
                semicolon;
                    (B) in paragraph (3), by striking the period and 
                inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(4) the term `lobbying activities' has the same meaning 
        given such term in section 3(7) of the Lobbying Disclosure Act 
        (2 U.S.C. 1602(7)).''.

SEC. 202. 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) by striking ``the agency may withhold'' and 
                inserting ``the Office of Government Ethics may 
                withhold''.

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 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. Such disclosure 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, or former employee of Congress who, for at least 60 
days, in the aggregate, during the 1-year period before the former 
employer's service as such employee terminated, was paid a rate of 
basic pay equal to or greater than an amount which is 75 percent of the 
basic rate of pay payable for a Member of the House of Congress in 
which such employee was employed, 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. Such disclosure shall be made within 3 days after 
the commencement of such negotiation or arrangement.''.

SEC. 204. WRONGFULLY INFLUENCING, ON A PARTISAN BASIS, AN ENTITY'S 
              EMPLOYMENT DECISIONS OR PRACTICES.

    Whoever, being a Senator or Representative in, or a Delegate or 
Resident Commissioner to, the Congress or an employee of either House 
of Congress, with the intent to influence on the basis of political 
party affiliation an employment decision or employment practice of any 
private or public entity (except for the Congress)--
            (1) takes or withholds, or offers or threatens to take or 
        withhold, an official act; or
            (2) influences, or offers or threatens to influence, the 
        official act of another,
shall be fined under title 18, United States Code, or imprisoned for 
not more than 15 years, or both, and may be disqualified from holding 
any office of honor, trust, or profit under the United States.

SEC. 205. AMENDMENT TO CODE OF OFFICIAL CONDUCT TO PROHIBIT FAVORITISM.

    (a) House of Representatives.--Rule XXIII of the Rules of the House 
of Representatives (known as the Code of Official Conduct) is amended 
by redesignating clause 14 as clause 15 and by inserting after clause 
13 the following new clause:
    ``14. A Member, Delegate, Resident Commissioner, officer, or 
employee of the House may not take or withhold, or threaten to take or 
withhold, any official action on the basis of partisan affiliation 
(except as permitted by clause 9) or the campaign contributions or 
support of any person or the prospect of personal gain either for 
oneself or any other person.''.
    (b) Senate.--Rule XXXVII of the Standing Rules of the Senate is 
amended by adding at the end the following:
    ``14. A Member, officer, or employee may not take or withhold, or 
threaten to take or withhold, any official action on the basis of 
partisan affiliation or the campaign contributions or support of any 
person or the prospect of personal gain either for oneself or any other 
person.''.

SEC. 206. ELIMINATION OF FLOOR PRIVILEGES AND OTHER PERKS FOR FORMER 
              MEMBER LOBBYISTS.

    Notwithstanding any other rule of the House of Representatives or 
Senate, any benefit or privilege granted by the House of 
Representatives or the Senate to all former Members of that body, 
including floor privileges, may not be received or exercised by a 
former Member who is a registered lobbyist.

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

SEC. 301. REQUIRED CERTIFICATION THAT CONGRESSIONAL TRAVEL MEETS 
              CERTAIN CONDITIONS.

    (a) House of Representatives.--Clause 5 of rule XXV of the Rules of 
the House of Representatives is amended by redesignating paragraphs (e) 
and (f) as paragraphs (f) and (g), respectively, and by inserting after 
paragraph (d) the following new paragraph:
    ``(e)(1) Except as provided by subparagraph (2), before a Member, 
Delegate, Resident Commissioner, officer, or employee of the House may 
accept a gift of transportation or lodging otherwise permissible under 
this clause from any person, such Member, Delegate, Resident 
Commissioner, officer, or employee of the House, as applicable, shall 
obtain a written certification from such person (and provide a copy of 
such certification to the Clerk) that--
            ``(A) the trip was not planned, organized, arranged, or 
        financed by a registered lobbyist or foreign agent and was not 
        organized at the request of a registered lobbyist or foreign 
        agent; and
            ``(B) the person did not accept, from any source, funds 
        specifically earmarked for the purpose of financing the travel 
        expenses.
        The Clerk shall make public information received under this 
        subparagraph as soon as possible after it is received.
    ``(2) A Member, Delegate, or Resident Commissioner is not required 
to obtain a written certification for a gift or transportation or 
lodging described in subdivision (A), (B), (C), (D), (F), or (G) of 
paragraph (a)(1).''.
    (b) Senate.--Paragraph 1 of rule XXXV of the Standing Rules of the 
Senate is amended by adding at the end the following:
    ``(g) Before a Member, officer, or employee may accept a gift of 
transportation or lodging otherwise permissible under this rule from 
any person, such Member, officer, or employee shall obtain a written 
certification from such person (and provide a copy of such 
certification to the Select Committee on Ethics) that--
            ``(1) the trip was not planned, organized, arranged, or 
        financed by a registered lobbyist or foreign agent and was not 
        organized at the request of a registered lobbyist or foreign 
        agent;
            ``(2) registered lobbyists will not participate in or 
        attend the trip; and
            ``(3) the person did not accept, from any source, funds 
        specifically earmarked for the purpose of financing the travel 
        expenses.
The Select Committee on Ethics shall make public information received 
under this subparagraph as soon as possible after it is received.''.

SEC. 302. REQUIREMENT OF FULL PAYMENT AND DISCLOSURE OF CHARTER 
              FLIGHTS.

    (a) House of Representatives.--To be provided.
    (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 jet 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, cause to 
be published in the Congressional Record 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;
            ``(4) the purpose of the trip; and
            ``(5) the reason that a commercial airline was not used.''.
    (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 
striking ``and'' at the end of clause (xiii), by striking the period at 
the end of clause (xiv) and inserting ``; and'', and by adding at the 
end the following new clause:
                            ``(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. 303. FALSE CERTIFICATION IN CONNECTION WITH CONGRESSIONAL TRAVEL.

    (a) In General.--Whoever makes a false certification in connection 
with the travel of a Member, officer, or employee of either House of 
Congress (within the meaning given those terms in section 207 of title 
18, United States Code) shall, upon proof of such offense by a 
preponderance of the evidence, be subject to a civil fine depending on 
the extent and gravity of the violation.
    (b) Maximum Fine.--The maximum fine per offense under this section 
depends on the number of separate trips in connection with which the 
person committed an offense under this section, as follows:
            (1) First trip.--For each offense committed in connection 
        with the first such trip, the amount of the fine shall be not 
        more than $100,000 per offense.
            (2) Second trip.--For each offense committed in connection 
        with the second such trip, the amount of the fine shall be not 
        more than $300,000 per offense.
            (3) Any other trips.--For each offense committed in 
        connection with any such trip after the second, the amount of 
        the fine shall be not more than $500,000 per offense.

SEC. 304. INCREASED DISCLOSURE OF TRAVEL BY MEMBERS.

    (a) House of Representatives.--Clause 5(b)(1)(A)(ii) of rule XXV of 
the Rules of the House of Representatives is amended by--
            (1) inserting ``a detailed description of each of'' before 
        ``the expenses''; and
            (2) inserting ``, including a description of all meetings, 
        tours, events, and outings during such travel'' before the 
        period at the end thereof.
    (b) Senate.--Paragraph 2(c) of rule XXXV of the Standing Rules of 
the Senate is amended--
            (1) in subclause (5), by striking ``and'' after the 
        semicolon;
            (2) by redesignating subclause (6) as subclause (7); and
            (3) by adding after subclause (5) the following:
            ``(6) a detailed description of all meetings, tours, 
        events, and outings during such travel; and''.

SEC. 305. GUIDELINES RESPECTING TRAVEL EXPENSES.

    (a) House of Representatives.--Clause 5(f) of rule XXV of the Rules 
of the House of Representatives is amended by inserting ``(1)'' after 
``(f)'' and by adding at the end the following new subparagraph:
    ``(2) Within 90 days after the date of adoption of this 
subparagraph and at annual intervals thereafter, the Committee on 
Standards of official Conduct shall develop and revise, as necessary, 
guidelines on what constitutes `reasonable expenses' or `reasonable 
expenditures' for purposes of paragraph (b)(4). In developing and 
revising the guidelines, the committee shall take into account the 
maximum per diem rates for official Government travel published 
annually by the General Services Administration, the Department of 
State, and the Department of Defense.''.
    (b) Senate.--Rule XXXV of the Standing Rules of the Senate is 
amended by adding at the end the following:
            ``(7) Not later than 90 days after the date of adoption of 
        this paragraph and at annual intervals thereafter, the Select 
        Committee on Ethics shall develop and revise, as necessary, 
        guidelines on what constitutes `reasonable expenses' or 
        `reasonable expenditures' for purposes of this rule. In 
        developing and revising the guidelines, the committee shall 
        take into account the maximum per diem rates for official 
        Government travel published annually by the General Services 
        Administration, the Department of State, and the Department of 
        Defense.''.

SEC. 306. PROHIBITION ON GIFTS BY REGISTERED LOBBYISTS TO MEMBERS OF 
              CONGRESS AND TO CONGRESSIONAL EMPLOYEES.

    (a) Prohibition.--
            (1) In general.--A registered lobbyist may not knowingly 
        make a gift to a Member, Delegate, Resident Commissioner, 
        officer, or employee of Congress except as provided in this 
        section.
            (2) Gift defined.--In this section, 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.
            (3) Registered lobbyist defined.--In this section, the term 
        ``registered lobbyist'' means--
                    (A) a lobbyist registered under the Lobbying 
                Disclosure Act of 1995 (2 U.S.C. 1601 et seq.);
                    (B) a lobbyist who, as an employee of an 
                organization, is covered by the registration of that 
                organization under that Act; and
                    (C) an organization registered under that Act.
            (4) Gifts to family members and other individuals.--For the 
        purposes of this section, a gift to a family member of a 
        Member, Delegate, Resident Commissioner, officer, or employee 
        of Congress, or a gift to any other individual based on that 
        individual's relationship with the Member, Delegate, Resident 
        Commissioner, officer, or employee, shall be considered a gift 
        to the Member, Delegate, Resident Commissioner, officer, or 
        employee if the gift was given because of the official position 
        of the Member, Delegate, Resident Commissioner, officer, or 
        employee.
            (5) Exceptions.--The restrictions in paragraph (1) do not 
        apply to the following:
                    (A) Certain lawful political fundraising 
                activities.--A contribution, as defined in section 
                301(8) of the Federal Election Campaign Act of 1971 (2 
                U.S.C. 431) that is lawfully made under that Act, a 
                lawful contribution for election to a State or local 
                government office, or attendance at a fundraising event 
                sponsored by a political organization described in 
                section 527(e) of the Internal Revenue Code of 1986.
                    (B) Gift from a relative.--A gift from a relative 
                as described in section 109(16) of title I of the 
                Ethics in Government Act of 1978 (2 U.S.C. App. 
                109(16)).
                    (C) Employee benefits.--Pension and other benefits 
                resulting from continued participation in an employee 
                welfare and benefits plan maintained by a former 
                employer.
                    (D) Informational materials.--Informational 
                materials that are sent to the office of the Member, 
                Delegate, Resident Commissioner, officer, or employee 
                in the form of books, articles, periodicals, other 
                written materials, audiotapes, videotapes, or other 
                forms of communication.
                    (E) Items of nominal value.--An item of nominal 
                value such as a greeting card, baseball cap, or a T-
                shirt.
                    (F) Personal friendship.--
                            (i) In general.--Anything provided by an 
                        individual on the basis of a personal 
                        friendship unless the gift was given because of 
                        the official position of the Member, Delegate, 
                        Resident Commissioner, officer, or employee.
                            (ii) Circumstances.--In determining whether 
                        a gift is provided on the basis of personal 
                        friendship, the following shall be considered:
                                    (I) The history of the relationship 
                                between the Member, Delegate, Resident 
                                Commissioner, officer, or employer and 
                                the individual giving the gift, 
                                including any previous exchange of 
                                gifts between them.
                                    (II) Whether the individual who 
                                gave the gift personally paid for the 
                                gift or sought a tax deduction or 
                                business reimbursement for the gift.
                                    (III) Whether the individual who 
                                gave the gift also gave the same or 
                                similar gifts to other Members, 
                                Delegates, the Resident Commissioners, 
                                officers, or employees of Congress.
                    (G) Certain outside business or employment 
                activities provided to spouse.--Food, refreshments, 
                lodging, transportation, and other benefits provided to 
                the spouse of the Member, Delegate, Resident 
                Commissioner, officer, or employee, resulting from the 
                outside business or employment activities of the spouse 
                or in connection with bona fide employment discussions 
                with respect to the spouse, if such benefits have not 
                been offered or enhanced because of the official 
                position of the Member, Delegate, Resident 
                Commissioner, officer, or employee and are customarily 
                provided to others in similar circumstances.
                    (H) Opportunities and benefits unrelated to 
                congressional employment.--Opportunities and benefits 
                that are offered to members of a group or class in 
                which membership is unrelated to congressional 
                employment.
                    (I) Certain foods or refreshments.--Food or 
                refreshments of a nominal value offered other than as a 
                part of a meal.
    (b) Penalty.--Any registered lobbyist who violates this section 
shall be subject to a civil fine of not more than $50,000, depending on 
the extent and gravity of the violation.

SEC. 307. PROHIBITION ON MEMBERS ACCEPTING GIFTS FROM LOBBYISTS.

    (a) House of Representatives.--Clause 5(a)(1)(A) of rule XXV of the 
Rules of the House of Representatives is amended by adding at the end 
the following new sentence: ``Notwithstanding any other provision of 
this clause, in no event may a Member, Delegate, or Resident 
Commissioner accept a gift from a registered lobbyist prohibited by 
section 306 of the Lobbying and Ethics Reform Act of 2005.''.
    (b) Senate.--Paragraph 1 of rule XXXV of the Standing Rules of the 
Senate is amended by adding at the end the following:
    ``(g) Notwithstanding any other provision of this rule, in no event 
may a Member accept a gift from a registered lobbyist prohibited by 
section 306 of the Lobbying and Ethics Reform Act of 2005.''.

               TITLE IV--OVERSIGHT OF ETHICS AND LOBBYING

SEC. 401. COMPTROLLER GENERAL REVIEW AND SEMIANNUAL REPORT ON 
              ACTIVITIES CARRIED OUT BY CLERK OF THE HOUSE AND 
              SECRETARY OF THE SENATE UNDER LOBBYING DISCLOSURE ACT OF 
              1995.

    (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.
                                 <all>