[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2316 Engrossed in House (EH)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
110th CONGRESS
  1st Session
                                H. R. 2316

_______________________________________________________________________

                                 AN ACT


 
 To provide more rigorous requirements with respect to disclosure and 
 enforcement of lobbying laws and regulations, 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 AND TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Honest Leadership 
and Open Government Act of 2007''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title and table of contents.
                  TITLE I--CLOSING THE REVOLVING DOOR

Sec. 101. Disclosure by Members and staff of employment negotiations.
Sec. 102. Wrongfully influencing a private entity's employment 
                            decisions or practices.
Sec. 103. Additional restrictions on contractors.
Sec. 104. Notification of post-employment restrictions.
Sec. 105. Restriction on congressional employees regarding former 
                            employers.
Sec. 106. Effective date.
              TITLE II--FULL PUBLIC DISCLOSURE OF LOBBYING

Sec. 201. Quarterly filing of lobbying disclosure reports.
Sec. 202. Electronic filing of lobbying disclosure reports.
Sec. 203. Additional lobbying disclosure requirements.
Sec. 204. Quarterly reports on other contributions.
Sec. 205. Prohibition on provision of gifts or travel by registered 
                            lobbyists to Members of Congress and to 
                            congressional employees.
Sec. 206. Disclosure of lobbying activities by certain coalitions and 
                            associations.
Sec. 207. Disclosure by registered lobbyists of past executive branch 
                            and congressional employment.
Sec. 208. Public database of lobbying disclosure information; 
                            maintenance of information.
Sec. 209. Sense of Congress regarding lobbying by immediate family 
                            members.
Sec. 210. Inapplicability to certain political committees.
Sec. 211. Effective date.
            TITLE III--ENFORCEMENT OF LOBBYING RESTRICTIONS

Sec. 301. Increased civil and criminal penalties for failure to comply 
                            with lobbying disclosure requirements.
                     TITLE IV--INCREASED DISCLOSURE

Sec. 401. Prohibition on official contact with spouse of Member who is 
                            a registered lobbyist.
Sec. 402. Posting of travel and financial disclosure reports on public 
                            website of Clerk of the House of 
                            Representatives.
Sec. 403. Limiting gifts to Members, officers, and employees of the 
                            House from State and local governments.
      TITLE V--ADDITIONAL CRIMINAL PENALTIES FOR PUBLIC OFFICIALS

Sec. 501. Criminal penalties for public officials.
                      TITLE VI--GENERAL PROVISIONS

Sec. 601. Rule of construction.

                  TITLE I--CLOSING THE REVOLVING DOOR

SEC. 101. DISCLOSURE BY MEMBERS AND STAFF OF EMPLOYMENT NEGOTIATIONS.

    The Rules of the House of Representatives are amended by 
redesignating rules XXVII and XXVIII as rules XXVIII and XXIX, 
respectively, and by inserting after rule XXVI the following new rule:

                              ``RULE XXVII

      ``Disclosure by Members and Staff of Employment Negotiations

    ``1. A Member, Delegate, or Resident Commissioner shall not 
directly negotiate or have any agreement of future employment or 
compensation until after his or her successor has been elected, unless 
such Member, Delegate, or Resident Commissioner, within 3 business days 
after the commencement of such negotiation or agreement of future 
employment or compensation, files with the Committee on Standards of 
Official Conduct a statement, which must be signed by the Member, 
Delegate, or Resident Commissioner, regarding such negotiations or 
agreement, including the name of the private entity or entities 
involved in such negotiations or agreement, and the date such 
negotiations or agreement commenced.
    ``2. An officer or an employee of the House earning in excess of 75 
percent of the salary paid to a Member shall notify the Committee on 
Standards of Official Conduct that he or she is negotiating or has any 
agreement of future employment or compensation.
    ``3. The disclosure and notification under this rule shall be made 
within 3 business days after the commencement of such negotiation or 
agreement of future employment or compensation.
    ``4. A Member, Delegate, or Resident Commissioner, and an officer 
or employee to whom this rule applies, shall recuse himself or herself 
from any matter in which there is a conflict of interest or an 
appearance of a conflict for that Member, Delegate, Resident 
Commissioner, officer, or employee under this rule and shall notify the 
Committee on Standards of Official Conduct of such recusal. A Member, 
Delegate, or Resident Commissioner making such recusal shall, upon such 
recusal, submit to the Clerk for public disclosure the statement of 
disclosure under clause 1 with respect to which the recusal was 
made.''.

SEC. 102. WRONGFULLY INFLUENCING A PRIVATE ENTITY'S EMPLOYMENT 
              DECISIONS OR PRACTICES.

    (a) In General.--Chapter 11 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 227. Wrongfully influencing a private entity's employment 
              decisions by a Member of Congress
    ``Whoever, 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 partisan 
political affiliation an employment decision or employment practice of 
any private entity--
            ``(1) takes or withholds, or offers or threatens to take or 
        withhold, an official act, or
            ``(2) influences, or offers or threatens to influence, the 
        official act of another,
shall be fined under this title or imprisoned for not more than 15 
years, or both, and may be disqualified from holding any office of 
honor, trust, or profit under the United States.''.
    (b) No Inference.--Nothing in section 227 of title 18, United 
States Code, as added by this section, shall be construed to create any 
inference with respect to whether the activity described in section 227 
of title 18, United States Code, was a criminal or civil offense before 
the enactment of this Act, including under section 201(b), 201(c), any 
of sections 203 through 209, or section 872, of title 18, United States 
Code.
    (c) Conforming Amendment.--The table of sections for chapter 11 of 
title 18, United States Code, is amended by adding at the end the 
following:

``227. Wrongfully influencing a private entity's employment decisions 
                            by a Member of Congress.''.

SEC. 103. ADDITIONAL RESTRICTIONS ON CONTRACTORS.

    (a) Prohibition.--Chapter 11 of title 18, United States Code, is 
amended by inserting after section 219 the following new section:
``Sec. 220. Restrictions on contractors with Congress
    ``(a) Restrictions.--
            ``(1) In general.--If a person who is an attorney or a law 
        firm, including a professional legal corporation or 
        partnership, or an attorney employed by such a law firm, enters 
        into a contract to provide services to--
                    ``(A) a committee of Congress, or a subcommittee of 
                any such committee,
                    ``(B) a Member of the leadership of the House of 
                Representatives or a Member of the leadership of the 
                Senate,
                    ``(C) a covered legislative branch official, or
                    ``(D) a working group or caucus organized to 
                provide legislative services or other assistance to 
                Members of Congress,
        the attorney or law firm entering into the contract, and the 
        law firm by which the attorney entering into the contract is 
        employed, may not, during the period prescribed in paragraph 
        (2), knowingly make, with the intent to influence, any 
        communication or appearance before any person described in 
        paragraph (3), on behalf of any other person (except the United 
        States), in connection with any matter on which such attorney 
        or law firm seeks official action by a Member, officer, or 
        employee of either House of Congress, in his or her official 
        capacity.
            ``(2) Period described.--The period referred to in 
        paragraph (1) is the period during which the contract described 
        in paragraph (1) is in effect, and a period of 1 year after the 
        attorney or law firm, as the case may be, is no longer subject 
        to the contract.
            ``(3) Persons described.--The persons referred to in 
        paragraph (1) with respect to appearances or communications by 
        an attorney or law firm are any Member, officer, or employee of 
        either House of Congress.
    ``(b) Penalty.--Any person who violates paragraph (1) shall be 
punished as provided in section 216.
    ``(c) Definitions.--For purposes of this section--
            ``(1) the term `committee of Congress' includes any 
        standing committee, joint committee, and select committee;
            ``(2) the term `covered legislative branch official' has 
        the meaning given that term in section 3 of the Lobbying 
        Disclosure Act of 1995;
            ``(3)(A) a person is an employee of a House of Congress if 
        that person is an employee of the House of Representatives or 
        an employee of the Senate;
            ``(B) the terms `employee of the House of Representatives' 
        and `employee of the Senate' have the meanings given those 
        terms in section 207(e)(7);
            ``(4) an attorney is `employed' by a law firm if the 
        attorney is an employee of, or a partner or other member of, 
        the law firm;
            ``(5) the terms `Member of the leadership of the House of 
        Representatives' and `Member of the leadership of the Senate' 
        have the meanings given those terms in section 207(e)(7); and
            ``(6) the term `Member of Congress' means a Senator or 
        Representative in, or Delegate or Resident Commissioner to, the 
        Congress.''.
    (b) Conforming Amendments.--
            (1) The table of sections for chapter 11 of title 18, 
        United States Code, is amended by inserting after the item 
        relating to section 219 the following new item:

``220. Restrictions on contractors with Congress.''.
            (2) Section 216 of title 18, United States Code, is amended 
        by striking ``or 209'' each place it appears and inserting ``, 
        209, or 220''.

SEC. 104. NOTIFICATION OF POST-EMPLOYMENT RESTRICTIONS.

    Section 207(e) of title 18, United States Code, is amended by 
adding at the end the following new paragraph:
            ``(8) Notification of post-employment restrictions.--After 
        a Member of the House of Representatives or an elected officer 
        of the House of Representatives leaves office, or after the 
        termination of employment with the House of Representatives of 
        an employee of the House of Representatives covered under 
        paragraph (2), (3), or (4), the Clerk of the House of 
        Representatives, after consultation with the Committee on 
        Standards of Official Conduct, shall notify the Member, 
        officer, or employee of the beginning and ending date of the 
        prohibitions that apply to the Member, officer, or employee 
        under this subsection, and also notify each office of the House 
        of Representatives with respect to which such prohibitions 
        apply of those dates. The Clerk shall also post the information 
        contained in such notification on the public Internet site of 
        the Office of the Clerk in a format that is searchable, 
        sortable, and downloadable.''.

SEC. 105. RESTRICTION ON CONGRESSIONAL EMPLOYEES REGARDING FORMER 
              EMPLOYERS.

    (a) Restriction.--Chapter 11 of title 18, United States Code, as 
amended by this Act, is further amended by inserting after section 220 
the following new section:
``Sec. 221. Additional restriction on congressional employees
    ``(a) Restriction.--Any person--
            ``(1) who is a congressional employee,
            ``(2) who, before becoming employed as a congressional 
        employee, was employed as a lobbyist, and
            ``(3) who, within 1 year after leaving employment as a 
        lobbyist, knowingly makes, in carrying out his or her official 
        responsibilities as a congressional employee, any communication 
        to or appearance before--
                    ``(A) the organization that employed the person as 
                a lobbyist, if the person was not self-employed,
                    ``(B) any entity that was a client of the person 
                while employed as a lobbyist, or any entity that was a 
                client of the organization described in subparagraph 
                (A) while the person was employed as a lobbyist, or is 
                a client of that organization during that 1-year 
                period,
        on a matter relating specifically to that organization or 
        client,
shall be punished as provided in section 216.
    ``(b) Definitions.--In this section--
            ``(1) the term `congressional employee' means--
                    ``(A) an elected officer of either House of 
                Congress; and
                    ``(B) any employee to which any of the restrictions 
                contained in paragraphs (1) though (5) of section 
                207(e) apply;
            ``(2) the term `lobbyist' means a person that is registered 
        or required to register as a lobbyist under section 4(a)(1) of 
        the Lobbying Disclosure Act of 1995, and any employee of an 
        organization that is registered or required to be registered 
        under section 4(b)(6) of that Act; and
            ``(3) the term `client' has the meaning given that term in 
        section 3(2) of the Lobbying Disclosure Act of 1995.''.
    (b) Conforming Amendment.--The table of sections for chapter 11 of 
title 18, United States Code, is amended by inserting after the item 
relating to section 220 the following new item:

``221. Additional restriction on congressional employees.''.
    (c) Effective Date.--The amendments made by this section shall 
apply to individuals who become congressional employees on or after 
January 1, 2007.

SEC. 106. EFFECTIVE DATE.

    (a) Section 101.--The amendment made by section 101 shall take 
effect on the date of the enactment of this Act, and shall apply to 
negotiations commenced, and agreements entered into, on or after that 
date.
    (b) Section 102.--The amendments made by section 102 shall take 
effect on the date of the enactment of this Act.
    (c) Section 103.--The amendments made by section 103 shall take 
effect on May 23, 2007, and shall apply with respect to any contract 
entered into before, on, or after that date.
    (d) Section 104.--The amendments made by section 104 shall take 
effect on the date of enactment of this Act.

              TITLE II--FULL PUBLIC DISCLOSURE OF LOBBYING

SEC. 201. QUARTERLY FILING OF LOBBYING DISCLOSURE REPORTS.

    (a) Quarterly Filing Required.--Section 5 of the Lobbying 
Disclosure Act of 1995 (2 U.S.C. 1604) is amended--
            (1) in subsection (a)--
                    (A) by striking ``Semiannual'' and inserting 
                ``Quarterly'';
                    (B) by striking ``the semiannual period'' and all 
                that follows through ``July of each year'' and insert 
                ``the quarterly period beginning on the first day of 
                January, April, July, and October of each year''; and
                    (C) by striking ``such semiannual period'' and 
                inserting ``such quarterly period''; and
            (2) in subsection (b)--
                    (A) in the matter preceding paragraph (1), by 
                striking ``semiannual report'' and inserting 
                ``quarterly report'';
                    (B) in paragraph (2), by striking ``semiannual 
                filing period'' and inserting ``quarterly period'';
                    (C) in paragraph (3), by striking ``semiannual 
                period'' and inserting ``quarterly period''; and
                    (D) in paragraph (4), by striking ``semiannual 
                filing period'' and inserting ``quarterly period''.
    (b) Conforming Amendments.--
            (1) Definition.--Section 3(10) of the Lobbying Disclosure 
        Act of 1995 (2 U.S.C. 1602) is amended by striking ``six month 
        period'' and inserting ``3-month period''.
            (2) Registration.--Section 4 of the Lobbying Disclosure Act 
        of 1995 (2 U.S.C. 1603) is amended--
                    (A) in subsection (a)(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 the Lobbying Disclosure Act 
        of 1995 (2 U.S.C. 1605) is amended in paragraph (6) by striking 
        ``semiannual period'' and inserting ``quarterly period''.
            (4) Estimates.--Section 15 of the Lobbying Disclosure Act 
        of 1995 (2 U.S.C. 1610) is amended--
                    (A) in subsection (a)(1), by striking ``semiannual 
                period'' and inserting ``quarterly period''; and
                    (B) in subsection (b)(1), by striking ``semiannual 
                period'' and inserting ``quarterly period''.
            (5) Dollar amounts.--Section 4 of the Lobbying Disclosure 
        Act of 1995 (2 U.S.C. 1603) is further amended--
                    (A) in subsection (a)(3)(A)(i), by striking 
                ``$5,000'' and inserting ``$2,500'';
                    (B) in subsection (a)(3)(A)(ii), by striking 
                ``$20,000'' and inserting ``$10,000'';
                    (C) in subsection (b)(3)(A), by striking 
                ``$10,000'' and inserting ``$5,000''; and
                    (D) in subsection (b)(4), by striking ``$10,000'' 
                and inserting ``$5,000''.

SEC. 202. ELECTRONIC FILING OF LOBBYING DISCLOSURE REPORTS.

    (a) In General.--Section 5 of the Lobbying Disclosure Act of 1995 
(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.''.
    (b) Effective Date.--The requirement in section 5(d) of the 
Lobbying Disclosure Act of 1995, as added by subsection (a) of this 
section, that reports be filed electronically shall take effect on the 
day after the end of the first calendar quarter that begins after the 
date of the enactment of this Act.

SEC. 203. ADDITIONAL LOBBYING DISCLOSURE REQUIREMENTS.

    (a) Gifts.--Section 5(b) of the Lobbying Disclosure Act of 1995 (2 
U.S.C. 1604(b)) is amended--
            (1) in paragraph (3), by striking ``and'' after the 
        semicolon;
            (2) in paragraph (4) by striking the period and inserting 
        ``; and''; and
            (3) by adding at the end the following:
            ``(5) a certification that the lobbying firm, or 
        registrant, and each employee listed as a lobbyist under 
        section 4(b)(6) or paragraph (2)(C) of this subsection for that 
        lobbying firm or registrant, has not provided, requested, or 
        directed a gift, including travel, to a Member of Congress or 
        an officer or employee of either House of Congress in violation 
        rule XXXV of the Standing Rules of the Senate or rule XXV of 
        the Rules of the House of Representatives.''.
    (b) Requests for Congressional Earmarks.--Section 5(b)(2)(A) of the 
Lobbying Disclosure Act of 1995 (2 U.S.C. 1604(b)(2)(A)) is amended by 
striking ``bill numbers'' and inserting the following: ``bill numbers, 
requests for Congressional earmarks (as defined in clause 9(d) of rule 
XXI of the Rules of the House of Representatives for the One Hundred 
Tenth Congress),''.

SEC. 204. QUARTERLY REPORTS ON OTHER CONTRIBUTIONS.

    (a) Other Contributions.--Section 5 of the Lobbying Disclosure Act 
of 1995 (2 U.S.C. 1604) is further amended by adding at the end the 
following:
    ``(e) Quarterly Reports on Other Contributions.--
            ``(1) In general.--Not later than 45 days after the end of 
        the quarterly period beginning on the first day of January, 
        April, July, and October of each year, or on the first business 
        day after the first day of such month if that day is not a 
        business day, each person who is registered or is required to 
        register under paragraph (1) or (2) of section 4(a), and each 
        employee who is or is required to be listed as a lobbyist under 
        section 4(b)(6) or subsection (b) of this section, shall file a 
        report with the Secretary of the Senate and the Clerk of the 
        House of Representatives containing--
                    ``(A) the name of the person;
                    ``(B) in the case of an employee, his or her the 
                employer;
                    ``(C) the names of all political committees 
                established or administered by the person;
                    ``(D) the name of each Federal candidate or 
                officeholder, leadership PAC, or political party 
                committee, to whom aggregate contributions equal to or 
                exceeding $200 were made by the person or a political 
                committee established or administered by the person 
                within the calendar year, and the date and amount of 
                each contribution made within the quarterly period;
                    ``(E) the date, recipient, and amount of funds 
                contributed, disbursed, or arranged (or a good faith 
                estimate thereof) by the person or a political 
                committee established or administered by the person 
                during the quarterly period--
                            ``(i) to pay the cost of an event to honor 
                        or recognize a covered legislative branch 
                        official or covered executive branch official;
                            ``(ii) to, or on behalf of, an entity that 
                        is named for a covered legislative branch 
                        official, or to a person or entity in 
                        recognition of such official;
                            ``(iii) to an entity established, financed, 
                        maintained, or controlled by a covered 
                        legislative branch official or covered 
                        executive branch official, or an entity 
                        designated by such official; or
                            ``(iv) to pay the costs of a meeting, 
                        retreat, conference, or other similar event 
                        held by, or for the benefit of, 1 or more 
                        covered legislative branch officials or covered 
                        executive branch officials;
                    ``(F) any information reported to the Federal 
                Election Commission under the second sentence of 
                section 315(a)(8) of the Federal Election Campaign Act 
                of 1971 (relating to reports by intermediaries and 
                conduits of the original source and the intended 
                recipient of contributions under such Act) during the 
                quarterly period by the person or a political committee 
                established or administered by the person; and
                    ``(G) the amount and recipient of any funds 
                provided to an organization described in section 527 of 
                the Internal Revenue Code of 1986 that is not treated 
                as a political committee under section 301(4) under the 
                Federal Election Campaign Act of 1971.
            ``(2) Definition.--In this subsection, the term `leadership 
        PAC' means, with respect to an individual holding Federal 
        office, an unauthorized political committee that is associated 
        with an individual holding Federal office, except that such 
        term shall not apply in the case of a political committee of a 
        political party.''.
    (b) Contributions Bundled for Certain Recipients.--
            (1) In general.--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:
    ``(f) Quarterly Reports on Contributions Bundled For Certain 
Recipients.--
            ``(1) In general.--Not later than 45 days after the end of 
        the quarterly period beginning on the first day of January, 
        April, July, and October of each year, each registered lobbyist 
        who bundles 2 or more contributions made to a covered recipient 
        in an aggregate amount exceeding $5,000 for such covered 
        recipient during such quarterly period shall file a report with 
        the Secretary of the Senate and the Clerk of the House of 
        Representatives containing--
                    ``(A) the name of the registered lobbyist;
                    ``(B) in the case of an employee, his or her 
                employer; and
                    ``(C) the name of the covered recipient to whom the 
                contribution is made, and to the extent known the 
                aggregate amount of such contributions (or a good faith 
                estimate thereof) within the quarter for the covered 
                recipient.
            ``(2) Exclusion of certain information.--In filing a report 
        under paragraph (1), a registered lobbyist shall exclude from 
        the report any information described in paragraph (1)(C) which 
        is included in any other report filed by the registered 
        lobbyist with the Secretary of the Senate and the Clerk of the 
        House of Representatives under subsection (e).
            ``(3) Requiring submission of information prior to filing 
        reports.--Not later than 25 days after the end of a period for 
        which a registered lobbyist is required to file a report under 
        paragraph (1) which includes any information described in such 
        section with respect to a covered recipient, the registered 
        lobbyist shall transmit by certified mail to the covered 
        recipient involved a statement containing--
                    ``(A) the information that will be included in the 
                report with respect to the covered recipient;
                    ``(B) the source of each contribution included in 
                the aggregate amount referred to in paragraph (1)(C) 
                which the registered lobbyist bundled for the covered 
                recipient during the period covered by the report and 
                the amount of the contribution attributable to each 
                such source; and
                    ``(C) a notification that the covered recipient has 
                the right to respond to the statement to challenge and 
                correct any information included before the registered 
                lobbyist files the report under paragraph (1).
            ``(4) Definition of registered lobbyist.--For purposes of 
        this subsection, the term `registered lobbyist' means a person 
        who is registered or is required to register under paragraph 
        (1) or (2) of section 4(a), or an individual who is required to 
        be listed under section 4(b)(6) or subsection (b).
            ``(5) Definition of bundled contribution.--For purposes of 
        this subsection, a registered lobbyist `bundles' a contribution 
        if--
                    ``(A) the bundled contribution is received by a 
                registered lobbyist for, and forwarded by a registered 
                lobbyist to, the covered recipient to whom the 
                contribution is made; or
                    ``(B) the bundled contribution will be or has been 
                credited or attributed to the registered lobbyist 
                through records, designations, recognitions or other 
                means of tracking by the covered recipient to whom the 
                contribution is made.
            ``(6) Other definitions.--In this subsection--
                    ``(A) the term `contribution' has the meaning given 
                such term in the Federal Election Campaign Act of 1971 
                (2 U.S.C. 431 et seq.), except that such term does not 
                include a contribution in an amount which is less than 
                $200;
                    ``(B) the terms `candidate', `political committee', 
                and `political party committee' have the meaning given 
                such terms in the Federal Election Campaign Act of 1971 
                (2 U.S.C. 431 et seq.);
                    ``(C) the term `covered recipient' means a Federal 
                candidate, an individual holding Federal office, a 
                leadership PAC, a multicandidate political committee 
                described in section 315(a)(4) of the Federal Election 
                Campaign Act of 1971 (2 U.S.C. 441a(a)(4)), or a 
                political party committee; and
                    ``(D) the term `leadership PAC' has the meaning 
                given such term in subsection (e)(2).''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall apply with respect to the second quarterly period 
        described in section 5(f)(1) of the Lobbying Disclosure Act of 
        1995 (as added by paragraph (1)) which begins after the date of 
        the enactment of this Act and each succeeding quarterly period.

SEC. 205. PROHIBITION ON PROVISION OF GIFTS OR TRAVEL BY REGISTERED 
              LOBBYISTS TO MEMBERS OF CONGRESS AND TO CONGRESSIONAL 
              EMPLOYEES.

    (a) Prohibition.--The Lobbying Disclosure Act of 1995 (2 U.S.C. 
1601 et seq.) is amended by adding at the end the following:

``SEC. 25. PROHIBITION ON PROVISION OF GIFTS OR TRAVEL BY REGISTERED 
              LOBBYISTS TO MEMBERS OF CONGRESS AND TO CONGRESSIONAL 
              EMPLOYEES.

    ``(a) Prohibition.--Any person described in subsection (b) may not 
make a gift or provide travel to a Member, officer, or employee of 
Congress, if the person has knowledge that the gift or travel may not 
be accepted under the rules of the House of Representatives or the 
Senate.
    ``(b) Persons Subject to Prohibition.--The persons subject to the 
prohibition under subsection (a) are any lobbyist that is registered or 
is required to register under section 4(a)(1), any organization that 
employs 1 or more lobbyists and is registered or is required to 
register under section 4(a)(2), and any employee listed or required to 
be listed as a lobbyist by a registrant under section 4(b)(6).''.
    (b) Effective Date.--The amendment made by this section shall take 
effect on the date of the enactment of this Act.

SEC. 206. DISCLOSURE OF LOBBYING ACTIVITIES BY CERTAIN COALITIONS AND 
              ASSOCIATIONS.

    Paragraph (2) of section 3 of the Lobbying Disclosure Act of 1995 
(2 U.S.C. 1602) is amended to read as follows:
            ``(2) Client.--
                    ``(A) In general.--The term `client' means any 
                person or entity that employs or retains another person 
                for financial or other compensation to conduct lobbying 
                activities on behalf of that person or entity. A person 
                or entity whose employees act as lobbyists on its own 
                behalf is both a client and an employer of such 
                employees.
                    ``(B) Treatment of coalitions and associations.--
                            ``(i) In general.--Except as provided in 
                        clauses (ii), (iii), and (iv), in the case of a 
                        coalition or association that employs or 
                        retains other persons to conduct lobbying 
                        activities, each of the individual members of 
                        the coalition or association (and not the 
                        coalition or association) is the client. For 
                        purposes of section 4(a)(3), the preceding 
                        sentence shall not apply, and the coalition or 
                        association shall be treated as the client.
                            ``(ii) Exception for certain tax-exempt 
                        associations.--In the case of an association--
                                    ``(I) which is described in 
                                paragraph (3) of section 501(c) of the 
                                Internal Revenue Code of 1986 and 
                                exempt from tax under section 501(a) of 
                                such Code, or
                                    ``(II) which is described in any 
                                other paragraph of section 501(c) of 
                                the Internal Revenue Code of 1986 and 
                                exempt from tax under section 501(a) of 
                                such Code and which has substantial 
                                exempt activities other than lobbying 
                                with respect to the specific issue for 
                                which it engaged the person filing the 
                                registration statement under section 4,
                        the association (and not its members) shall be 
                        treated as the client.
                            ``(iii) Exception for certain members.--
                        Information on a member of a coalition or 
                        association need not be included in any 
                        registration under section 4 if the amount 
                        reasonably expected to be contributed by such 
                        member toward the activities of the coalition 
                        or association of influencing legislation is 
                        less than $500 during the quarterly period 
                        during which the registration would be made.
                            ``(iv) No donor or membership list 
                        disclosure.--No disclosure is required under 
                        this Act, by reason of this subparagraph, with 
                        respect to lobbying activities if it is 
                        publicly available knowledge that the 
                        organization that would be identified under 
                        this subparagraph is affiliated with the client 
                        concerned or has been publicly disclosed to 
                        have provided funding to the client, unless the 
                        organization in whole or in major part plans, 
                        supervises, or controls such lobbying 
                        activities. Nothing in this subparagraph shall 
                        be construed to require the disclosure of any 
                        information about individuals who are members 
                        of, or donors to, an entity treated as a client 
                        by this Act or an organization identified under 
                        this subparagraph.''.

SEC. 207. DISCLOSURE BY REGISTERED LOBBYISTS OF PAST EXECUTIVE BRANCH 
              AND CONGRESSIONAL EMPLOYMENT.

    Section 4(b)(6) of the Lobbying Disclosure Act of 1995 (2 U.S.C. 
1603(b)(6)) is amended by striking ``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. 208. PUBLIC DATABASE OF LOBBYING DISCLOSURE INFORMATION; 
              MAINTENANCE OF 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 a semicolon; and
            (3) by adding at the end the following new paragraphs:
            ``(9) maintain, and make available to the public over the 
        Internet, without a fee or other access charge, in a 
        searchable, sortable, and downloadable manner, an electronic 
        database that--
                    ``(A) includes the information contained in 
                registrations and reports filed under this Act;
                    ``(B) directly links the information it contains to 
                the information disclosed in reports filed with the 
                Federal Election Commission under section 304 of the 
                Federal Election Campaign Act of 1971 (2 U.S.C. 434); 
                and
                    ``(C) is searchable and sortable to the maximum 
                extent practicable, including searchable and sortable 
                by each of the categories of information described in 
                section 4(b) or 5(b); and
            ``(10) retain the information contained in a registration 
        or report filed under this Act for a period of at least 6 years 
        after the registration or report (as the case may be) is 
        filed.''.
    (b) Availability of Reports.--
            (1) In general.--Section 6(4) of the Lobbying Disclosure 
        Act of 1995 (2 U.S.C. 1605) is amended by inserting before the 
        semicolon at the end the following: ``and, in the case of a 
        report filed in electronic form pursuant to section 5(d), make 
        such report available for public inspection over the Internet 
        not more than 48 hours after the report is so filed''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall take effect on the day after the end of the first 
        calendar quarter that begins after the date of the enactment of 
        this Act.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out paragraph (9) 
of section 6 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1605), as 
added by subsection (a) of this section.

SEC. 209. SENSE OF CONGRESS REGARDING LOBBYING BY IMMEDIATE FAMILY 
              MEMBERS.

    It is the sense of the Congress that the use of a family 
relationship by a lobbyist who is an immediate family member of a 
Member of Congress to gain special advantages over other lobbyists is 
inappropriate.

SEC. 210. INAPPLICABILITY TO CERTAIN POLITICAL COMMITTEES.

    The amendments made by this title shall not apply to the activities 
of any political committee described in section 301(4) of the Federal 
Election Campaign Act of 1971 (2 U.S.C. 431(4)).

SEC. 211. EFFECTIVE DATE.

    Except as otherwise provided, the amendments made by this title 
shall apply with respect to any quarterly filing period under the 
Lobbying Disclosure Act of 1995 that begins on or after January 1, 
2008.

            TITLE III--ENFORCEMENT OF LOBBYING RESTRICTIONS

SEC. 301. INCREASED CIVIL AND 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--
            (1) by striking ``Whoever'' and inserting ``(a) Civil 
        Penalty.--Whoever'';
            (2) by striking ``$50,000'' and inserting ``$100,000''; and
            (3) by adding at the end the following:
    ``(b) Criminal Penalty.--Whoever knowingly and corruptly fails to 
comply with any provision of this Act shall be imprisoned for not more 
than 5 years or fined under title 18, United States Code, or both.''.

                     TITLE IV--INCREASED DISCLOSURE

SEC. 401. PROHIBITION ON OFFICIAL CONTACT WITH SPOUSE OF MEMBER WHO IS 
              A REGISTERED LOBBYIST.

    Rule XXV of the Rules of the House of Representatives is amended by 
adding at the end the following new clause:
    ``7. A Member, Delegate, or Resident Commissioner shall prohibit 
all staff employed by that Member, Delegate, or Resident Commissioner 
(including staff in personal, committee, and leadership offices) from 
having any official contact with that individual's spouse if that 
spouse is a lobbyist under the Lobbying Disclosure Act of 1995 or is 
employed or retained by such a lobbyist for the purpose of influencing 
legislation.''.

SEC. 402. POSTING OF TRAVEL AND FINANCIAL DISCLOSURE REPORTS ON PUBLIC 
              WEBSITE OF CLERK OF THE HOUSE OF REPRESENTATIVES.

    (a) Requiring Posting on Internet.--The Clerk of the House of 
Representatives shall post on the public Internet site of the Office of 
the Clerk, in a format that is searchable, sortable, and downloadable, 
each of the following:
            (1) The advance authorizations, certifications, and 
        disclosures filed with respect to transportation, lodging, and 
        related expenses for travel under clause 5(b) of rule XXV of 
        the Rules of the House of Representatives by Members (including 
        Delegates and Resident Commissioners to the Congress), 
        officers, and employees of the House.
            (2) The reports filed under section 103(h)(1) of the Ethics 
        in Government Act of 1978 by Members of the House of 
        Representatives (including Delegates and Resident Commissioners 
        to the Congress).
    (b) Applicability and Timing.--
            (1) Applicability.--Subject to paragraph (2), subsection 
        (a) shall apply with respect to information received by the 
        Clerk of the House of Representatives on or after the date of 
        the enactment of this Act.
            (2) Timing.--The Clerk of the House of Representatives 
        shall--
                    (A) not later than August 1, 2008, post the 
                information required by subsection (a) that the Clerk 
                receives by June 1, 2008; and
                    (B) not later than the end of each 45-day period 
                occurring after information is required to be posted 
                under subparagraph (A), post the information required 
                by subsection (a) that the Clerk has received since the 
                last posting under this subsection.
            (3) Omission of personally identifiable information.--
        Members of the House of Representatives (including Delegates 
        and Resident Commissioners to the Congress) shall be permitted 
        to omit personally identifiable information not required to be 
        disclosed on the reports posted on the public Internet site 
        under this section (such as home address, Social Security 
        numbers, personal bank account numbers, home telephone, and 
        names of children) prior to the posting of such reports on such 
        public Internet site.
            (4) Assistance in protecting personal information.--The 
        Clerk of the House of Representatives, in consultation with the 
        Committee on Standards of Official Conduct, shall include in 
        any informational materials concerning any disclosure that will 
        be posted on the public Internet site under this section an 
        explanation of the procedures for protecting personally 
        identifiable information as described in this section.
    (c) Retention.--The Clerk shall maintain the information posted on 
the public Internet site of the Office of the Clerk under this section 
for a period of at least 6 years after receiving the information.

SEC. 403. LIMITING GIFTS TO MEMBERS, OFFICERS, AND EMPLOYEES OF THE 
              HOUSE FROM STATE AND LOCAL GOVERNMENTS.

    (a) Gifts From State and Local Governments.--Clause 5(a)(3)(O) of 
rule XXV of the Rules of the House of Representatives is amended by 
striking ``, by a State or local government,''.
    (b) Conforming Amendment.--Clause 5(b)(1)(A) of rule XXV of the 
Rules of the House of Representatives is amended by inserting ``a State 
or local government or'' before ``a private source''.

      TITLE V--ADDITIONAL CRIMINAL PENALTIES FOR PUBLIC OFFICIALS

SEC. 501. CRIMINAL PENALTIES FOR PUBLIC OFFICIALS.

    (a) In General.--Subchapter D of chapter 227 of title 18, United 
States Code, is amended by adding at the end the following:
``Sec. 3587. Increased imprisonment for certain offenses by public 
              officials
    ``(a) General Rule.--In any Federal criminal case in which a public 
official is convicted of an offense against the United States--
            ``(1) consisting of conduct during the course of official 
        duty, intended to enrich that official; and
            ``(2) involving bribery, fraud, extortion, or theft of 
        public funds greater than $10,000;
the sentencing judge may increase the sentence of imprisonment by an 
amount of up to 2 years. The sentencing judge may double the sentence 
of imprisonment that would otherwise be imposed in that case: Provided, 
however that in no instance may the sentencing judge be allowed to 
increase the sentence by more than 2 years.
    ``(b) Definition.--In this section, the term `public official' 
means--
            ``(1) an elected official of the United States or of a 
        State or local government;
            ``(2) a presidentially-appointed official; and
            ``(3) an official appointed to a State or local 
        governmental office by an elected official of a State or local 
        government.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
subchapter D of chapter 227 of title 18, United States Code, is amended 
by adding at the end the following new item:

``3587. Increased imprisonment for certain offenses by public 
                            officials.''.

                      TITLE VI--GENERAL PROVISIONS

SEC. 601. RULE OF CONSTRUCTION.

    Nothing in this Act or the amendments made by this Act shall be 
construed to prohibit any expressive conduct protected from legal 
prohibition by, or any activities protected by the free speech, free 
exercise, or free association clauses of, the First Amendment to the 
Constitution.

            Passed the House of Representatives May 24, 2007.

            Attest:

                                                                 Clerk.
110th CONGRESS

  1st Session

                               H. R. 2316

_______________________________________________________________________

                                 AN ACT

 To provide more rigorous requirements with respect to disclosure and 
 enforcement of lobbying laws and regulations, and for other purposes.