[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 1 Engrossed Amendment House (EAH)]
In the House of Representatives, U. S.,
July 31, 2007.
Resolved, That the bill from the Senate (S. 1) entitled ``An Act
to provide greater transparency in the legislative process'', do pass
with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
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. Amendments to restrictions on former officers, employees, and
elected officials of the executive and
legislative branches.
Sec. 102. Wrongfully influencing a private entity's employment
decisions or practices.
Sec. 103. Notification of post-employment restrictions.
Sec. 104. Exception to restrictions on former officers, employees, and
elected officials of the executive and
legislative branch.
Sec. 105. Effective date.
TITLE II--FULL PUBLIC DISCLOSURE OF LOBBYING
Sec. 201. Quarterly filing of lobbying disclosure reports.
Sec. 202. Additional disclosure.
Sec. 203. Semiannual reports on certain contributions.
Sec. 204. Disclosure of bundled contributions.
Sec. 205. Electronic filing of lobbying disclosure reports.
Sec. 206. Prohibition on provision of gifts or travel by registered
lobbyists to Members of Congress and to
congressional employees.
Sec. 207. Disclosure of lobbying activities by certain coalitions and
associations.
Sec. 208. Disclosure by registered lobbyists of past executive branch
and congressional employment.
Sec. 209. Public availability of lobbying disclosure information;
maintenance of information.
Sec. 210. Disclosure of enforcement for noncompliance.
Sec. 211. Increased civil and criminal penalties for failure to comply
with lobbying disclosure requirements.
Sec. 212. Electronic filing and public database for lobbyists for
foreign governments.
Sec. 213. Comptroller General audit and annual report.
Sec. 214. Sense of Congress.
Sec. 215. Effective date.
TITLE III--MATTERS RELATING TO THE HOUSE OF REPRESENTATIVES
Sec. 301. Disclosure by Members and staff of employment negotiations.
Sec. 302. Prohibition on lobbying contacts with spouse of Member who is
a registered lobbyist.
Sec. 303. Treatment of firms and other businesses whose members serve
as House committee consultants.
Sec. 304. Posting of travel and financial disclosure reports on public
website of Clerk of the House of
Representatives.
Sec. 305. Prohibiting participation in lobbyist-sponsored events during
political conventions.
Sec. 306. Exercise of rulemaking Authority.
TITLE IV--CONGRESSIONAL PENSION ACCOUNTABILITY
Sec. 401. Loss of pensions accrued during service as a Member of
Congress for abusing the public trust.
TITLE V--SENATE LEGISLATIVE TRANSPARENCY AND ACCOUNTABILITY
Subtitle A--Procedural Reform
Sec. 511. Amendments to rule XXVIII.
Sec. 512. Notice of objecting to proceeding.
Sec. 513. Public availability of Senate committee and subcommittee
meetings.
Sec. 514. Amendments and motions to recommit.
Sec. 515. Sense of the Senate on conference committee protocols.
Subtitle B--Earmark Reform
Sec. 521. Congressionally directed spending.
Subtitle C--Revolving Door Reform
Sec. 531. Post-employment restrictions.
Sec. 532. Disclosure by Members of Congress and staff of employment
negotiations.
Sec. 533. Elimination of floor privileges for former Members, Senate
officers, and Speakers of the House who are
registered lobbyists or seek financial
gain.
Sec. 534. Influencing hiring decisions.
Sec. 535. Notification of post-employment restrictions.
Subtitle D--Gift and Travel Reform
Sec. 541. Ban on gifts from registered lobbyists and entities that hire
registered lobbyists.
Sec. 542. National party conventions.
Sec. 543. Proper valuation of tickets to entertainment and sporting
events.
Sec. 544. Restrictions on registered lobbyist participation in travel
and disclosure.
Sec. 545. Free attendance at a constituent event.
Sec. 546. Senate privately paid travel public website.
Subtitle E--Other Reforms
Sec. 551. Compliance with lobbying disclosure.
Sec. 552. Prohibit official contact with spouse or immediate family
member of Member who is a registered
lobbyist.
Sec. 553. Mandatory Senate ethics training for Members and staff.
Sec. 554. Annual report by Select Committee on Ethics.
Sec. 555. Exercise of rulemaking powers.
Sec. 555. Effective date and general provisions.
TITLE VI--PROHIBITED USE OF PRIVATE AIRCRAFT
Sec. 601. Restrictions on Use of Campaign Funds for Flights on
Noncommercial Aircraft.
TITLE VII--MISCELLANEOUS PROVISIONS
Sec. 701. Sense of the Congress that any applicable restrictions on
congressional officials and employees
should apply to the executive and judicial
branches.
Sec. 702. Knowing and willful falsification or failure to report.
Sec. 703. Rule of construction.
TITLE I--CLOSING THE REVOLVING DOOR
SEC. 101. AMENDMENTS TO RESTRICTIONS ON FORMER OFFICERS, EMPLOYEES, AND
ELECTED OFFICIALS OF THE EXECUTIVE AND LEGISLATIVE
BRANCHES.
(a) Very Senior Executive Personnel.--The matter after subparagraph
(C) in section 207(d)(1) of title 18, United States Code, is amended by
striking ``within 1 year'' and inserting ``within 2 years''.
(b) Restrictions on Lobbying by Members of Congress and Employees
of Congress.--Subsection (e) of section 207 of title 18, United States
Code, is amended--
(1) by redesignating paragraph (7) as paragraph (9);
(2) by redesignating paragraphs (2) through (6) as
paragraphs (3) through (7), respectively;
(3) by striking paragraph (1) and inserting the following:
``(1) Members of congress and elected officers of the
house.--
``(A) Senators.--Any person who is a Senator and
who, within 2 years after that person leaves office,
knowingly makes, with the intent to influence, any
communication to or appearance before any Member,
officer, or employee of either House of Congress or any
employee of any other legislative office of the
Congress, on behalf of any other person (except the
United States) in connection with any matter on which
such former Senator 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) Members and officers of the house of
representatives.--(i) Any person who is a Member of the
House of Representatives or an elected officer of the
House of Representatives and who, within 1 year after
that person leaves office, knowingly makes, with the
intent to influence, any communication to or appearance
before any of the persons described in clause (ii) or
(iii), 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, in his or her official capacity,
shall be punished as provided in section 216 of this
title.
``(ii) The persons referred to in clause (i) with
respect to appearances or communications by a former
Member of the House of Representatives are any Member,
officer, or employee of either House of Congress and
any employee of any other legislative office of the
Congress.
``(iii) The persons referred to in clause (i) with
respect to appearances or communications by a former
elected officer are any Member, officer, or employee of
the House of Representatives.
``(2) Officers and staff of the senate.--Any person who is
an elected officer of the Senate, or an employee of the Senate
to whom paragraph (7)(A) applies, and who, within 1 year after
that person leaves office or employment, knowingly makes, with
the intent to influence, any communication to or appearance
before any Senator or any officer or employee of the Senate, on
behalf of any other person (except the United States) in
connection with any matter on which such former elected officer
or former employee seeks action by a Senator or an officer or
employee of the Senate, in his or her official capacity, shall
be punished as provided in section 216 of this title.'';
(4) in paragraph (3) (as redesignated by paragraph (2) of
this subsection)--
(A) in subparagraph (A), by striking ``of a Senator
or an employee of a Member of the House of
Representatives'' and inserting ``of a Member of the
House of Representatives to whom paragraph (7)(A)
applies''; and
(B) in subparagraph (B)--
(i) in clause (i), by striking ``Senator
or''; and
(ii) in clause (ii), by striking ``Senator
or'';
(5) in paragraph (4) (as redesignated by paragraph (2) of
this subsection)--
(A) by striking ``committee of Congress'' and
inserting ``committee of the House of Representatives,
or an employee of a joint committee of the Congress
whose pay is disbursed by the Clerk of the House of
Representatives, to whom paragraph (7)(A) applies'';
and
(B) by inserting ``or joint committee (as the case
may be)'' after ``committee'' each subsequent place
that term appears;
(6) in paragraph (5) (as redesignated by paragraph (2) of
this subsection)--
(A) in subparagraph (A), by striking ``or an
employee on the leadership staff of the Senate'' and
inserting ``to whom paragraph (7)(A) applies'' ; and
(B) in subparagraph (B), by striking ``the
following:'' and all that follows through the end of
clause (ii) and inserting ``any Member of the
leadership of the House of Representatives and any
employee on the leadership staff of the House of
Representatives.'';
(7) in paragraph (6)(A) (as redesignated by paragraph (2)
of this subsection), by inserting ``to whom paragraph (7)(B)
applies'' after ``office of the Congress'';
(8) in paragraph (7) (as redesignated by paragraph (2) of
this subsection)--
(A) in subparagraph (A), by striking ``and (4)''
and inserting ``(4), and (5)''; and
(B) in subparagraph (B)--
(i) by striking ``(5)'' and inserting
``(6)'';
(ii) in subparagraph (B), by striking ``(or
any comparable adjustment pursuant to interim
authority of the President)''; and
(iii) by striking ``level 5 of the Senior
Executive Service'' and inserting ``level IV of
the Executive Schedule'';
(9) by inserting after paragraph (7) (as redesignated by
paragraph (2) of this subsection) the following:
``(8) Exception.--This subsection shall not apply to
contacts with the staff of the Secretary of the Senate or the
Clerk of the House of Representatives regarding compliance with
lobbying disclosure requirements under the Lobbying Disclosure
Act of 1995.'' ; and
(10) in paragraph (9)(G) (as redesignated by paragraph (1)
of this subsection)--
(A) by striking ``the Copyright Royalty
Tribunal,''; and
(B) by striking ``or (4)'' and inserting ``(4), or
(5)''.
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, solely 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. NOTIFICATION OF POST-EMPLOYMENT RESTRICTIONS.
(a) Notification of Post-Employment Restrictions.--After a Member
of Congress or an elected officer of either House of Congress leaves
office, or after the termination of employment with the House of
Representatives or the Senate of an employee who is covered under
paragraph (2), (3), (4), or (5) of section 207(e) of title 18, United
States Code, the Clerk of the House of Representatives, after
consultation with the Committee on Standards of Official Conduct, or
the Secretary of the Senate, as the case may be, 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
section 207(e) of that title.
(b) Posting on Internet.--The Clerk of the House of
Representatives, with respect to notifications under subsection (a)
relating to Members, officers, and employees of the House, and the
Secretary of the Senate, with respect to such notifications relating to
Members, officers, and employees of the Senate, shall post the
information contained in such notifications on the public Internet site
of the Office of the Clerk or the Secretary of the Senate, as the case
may be, in a format that, to the extent technically practicable, is
searchable, sortable, and downloadable.
SEC. 104. EXCEPTION TO RESTRICTIONS ON FORMER OFFICERS, EMPLOYEES, AND
ELECTED OFFICIALS OF THE EXECUTIVE AND LEGISLATIVE
BRANCH.
(a) In General.--Section 207(j)(1) of title 18, United States Code,
is amended--
(1) by striking ``The restrictions'' and inserting the
following:
``(A) In general.--The restrictions'';
(2) by moving the remaining text 2 ems to the right; and
(3) by adding at the end the following:
``(B) Tribal organizations and inter-tribal
consortiums.--The restrictions contained in this
section shall not apply to acts authorized by section
104(j) of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450i(j)).''.
(b) Conforming Amendment.--Section 104(j) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450i(j)) is
amended to read as follows:
``(j) Anything in sections 205 and 207 of title 18, United States
Code, to the contrary notwithstanding--
``(1) an officer or employee of the United States assigned
to a tribal organization (as defined in section 4(l)) or an
inter-tribal consortium (as defined in section 501), as
authorized under section 3372 of title 5, United States Code,
or section 2072 of the Revised Statutes (25 U.S.C. 48) may act
as agent or attorney for, and appear on behalf of, such tribal
organization or inter-tribal consortium in connection with any
matter related to a tribal governmental activity or Federal
Indian program or service pending before any department,
agency, court, or commission, including any matter in which the
United States is a party or has a direct and substantial
interest: Provided, That such officer or employee must advise
in writing the head of the department, agency, court, or
commission with which the officer or employee is dealing or
appearing on behalf of the tribal organization or inter-tribal
consortium of any personal and substantial involvement with the
matter involved; and
``(2) a former officer or employee of the United States who
is carrying out official duties as an employee or as an elected
or appointed official of a tribal organization (as defined in
section 4(l)) or inter-tribal consortium (as defined in section
501) may act as agent or attorney for, and appear on behalf of,
such tribal organization or intra-tribal consortium in
connection with any matter related to a tribal governmental
activity or Federal Indian program or service pending before
any department, agency, court, or commission, including any
matter in which the United States is a party or has a direct
and substantial interest: Provided, That such former officer or
employee must advise in writing the head of the department,
agency, court, or commission with which the former officer or
employee is dealing or appearing on behalf of the tribal
organization or inter-tribal consortium of any personal and
substantial involvement the he or she may have had as an
officer or employee of the United States in connection with the
matter involved.''.
(c) Effect of Section.--Except as expressly identified in this
section and in the amendments made by this section, nothing in this
section or the amendments made by this section affects any other
provision of law.
SEC. 105. EFFECTIVE DATE.
(a) Section 101.--The amendments made by section 101 shall apply to
individuals who leave Federal office or employment to which such
amendments apply on or after the date of adjournment of the first
session of the 110th Congress sine die or December 31, 2007, whichever
date is earlier.
(b) Section 102.--The amendments made by section 102 shall take
effect on the date of the enactment of this Act.
(c) Section 103.--
(1) Notification of post-employment restrictions.--
Subsection (a) of section 103 shall take effect on the 60th day
after the date of the enactment of this Act.
(2) Posting of information.--Subsection (b) of section 103
shall take effect January 1, 2008, except that the Secretary of
the Senate and the Clerk of the House of Representatives shall
post the information contained in notifications required by
that subsection that are made on or after the effective date
provided under paragraph (1) of this subsection.
(d) Section 104.--The amendments made by section 104 shall take
effect on the date of the enactment of this Act, except that section
104(j)(2) of the Indian Self-Determination and Education Assistance Act
(as amended by section 104(b)) shall apply to individuals who leave
Federal office or employment to which such amendments apply on or after
the 60th day after the date of the 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 ``45 days'' and all that follows
through ``section 4,'' and inserting ``20 days after
the end of the quarterly period beginning on the first
day of January, April, July, and October of each year
in which a registrant is registered under section 4, or
on the first business day after such 20th day if the
20th day is not a business day,''; 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)(1), by inserting after
``earlier,'' the following: ``or on the first business
day after such 45th day if the 45th day is not a
business day,'' ; and
(B) in subsection (a)(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''.
(6) Reports.--Section 5(c) of the Lobbying Disclosure Act
of 1995 (2 U.S.C. 1604(c)) is further amended--
(A) in paragraph (1), by striking ``$10,000'' and
``$20,000'' and inserting ``$5,000'' and ``$10,000'',
respectively; and
(B) in paragraph (2), by striking ``$10,000'' both
places such term appears and inserting ``$5,000''.
SEC. 202. ADDITIONAL DISCLOSURE.
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 of the following:
``(5) for each client, immediately after listing the
client, an identification of whether the client is a State or
local government or a department, agency, special purpose
district, or other instrumentality controlled by one or more
State or local governments.''.
SEC. 203. SEMIANNUAL REPORTS ON CERTAIN 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:
``(d) Semiannual Reports on Certain Contributions.--
``(1) In general.--Not later than 30 days after the end of
the semiannual period beginning on the first day of January and
July of each year, or on the first business day after such 30th
day if the 30th day is not a business day, each person or
organization 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)(2)(C) 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 or organization;
``(B) in the case of an employee, his or her
employer;
``(C) the names of all political committees
established or controlled by the person or
organization;
``(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 organization,
or a political committee established or controlled by
the person or organization within the semiannual
period, and the date and amount of each such
contribution made within the semiannual period;
``(E) the date, recipient, and amount of funds
contributed or disbursed during the semiannual period
by the person or organization or a political committee
established or controlled by the person or
organization--
``(i) to pay the cost of an event to honor
or recognize a covered legislative branch
official or covered executive branch official;
``(ii) to 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 in the name of, 1 or more covered
legislative branch officials or covered
executive branch officials,
except that this subparagraph shall not apply if the
funds are provided to a person who is required to
report the receipt of the funds under section 304 of
the Federal Election Campaign Act of 1971 (2 U.S.C.
434);
``(F) the name of each Presidential library
foundation, and each Presidential inaugural committee,
to whom contributions equal to or exceeding $200 were
made by the person or organization, or a political
committee established or controlled by the person or
organization, within the semiannual period, and the
date and amount of each such contribution within the
semiannual period; and
``(G) a certification by the person or organization
filing the report that the person or organization--
``(i) has read and is familiar with those
provisions of the Standing Rules of the Senate
and the Rules of the House of Representatives
relating to the provision of gifts and travel;
and
``(ii) 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 with knowledge that receipt
of the gift would violate rule XXXV of the
Standing Rules of the Senate or rule XXV of the
Rules of the House of Representatives.
``(2) Definition.--In this subsection, the term `leadership
PAC' has the meaning given such term in section 304(i)(8)(B) of
the Federal Election Campaign Act of 1971.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to the first semiannual period described in section
5(d)(1) of the Lobbying Disclosure Act of 1995 (as added by this
section) that begins after the date of the enactment of this Act and
each succeeding semiannual period.
(c) Report on Requiring Quarterly Reports.--The Clerk of the House
of Representatives and the Secretary of the Senate shall submit a
report to the Congress, not later than 1 year after the date on which
the first reports are required to be made under section 5(d) of the
Lobbying Disclosure Act of 1995 (as added by this section), on the
feasibility of requiring the reports under such section 5(d) to be made
on a quarterly, rather than a semiannual, basis.
(d) Sense of Congress.--It is the sense of the Congress that after
the end of the 2-year period beginning on the day on which the
amendment made by subsection (a) of this section first applies, the
reports required under section 5(d) of the Lobbying Disclosure Act of
1995 (as added by this section) should be made on a quarterly basis if
it is practicably feasible to do so.
SEC. 204. DISCLOSURE OF BUNDLED CONTRIBUTIONS.
(a) Disclosure.--Section 304 of the Federal Election Campaign Act
of 1971 (2 U.S.C. 434) is amended by adding at the end the following
new subsection:
``(i) Disclosure of Bundled Contributions.--
``(1) Required disclosure.--Each committee described in
paragraph (6) shall include in the first report required to be
filed under this section after each covered period (as defined
in paragraph (2)) a separate schedule setting forth the name,
address, and employer of each person reasonably known by the
committee to be a person described in paragraph (7) who
provided 2 or more bundled contributions to the committee in an
aggregate amount greater than the applicable threshold (as
defined in paragraph (3)) during the covered period, and the
aggregate amount of the bundled contributions provided by each
such person during the covered period.
``(2) Covered period.--In this subsection, a `covered
period' means, with respect to a committee--
``(A) the period beginning January 1 and ending
June 30 of each year;
``(B) the period beginning July 1 and ending
December 31 of each year; and
``(C) any reporting period applicable to the
committee under this section during which any person
described in paragraph (7) provided 2 or more bundled
contributions to the committee in an aggregate amount
greater than the applicable threshold.
``(3) Applicable threshold.--
``(A) In general.--In this subsection, the
`applicable threshold' is $15,000, except that in
determining whether the amount of bundled contributions
provided to a committee by a person described in
paragraph (7) exceeds the applicable threshold, there
shall be excluded any contribution made to the
committee by the person or the person's spouse.
``(B) Indexing.--In any calendar year after 2007,
section 315(c)(1)(B) shall apply to the amount
applicable under subparagraph (A) in the same manner as
such section applies to the limitations established
under subsections (a)(1)(A), (a)(1)(B), (a)(3), and (h)
of such section, except that for purposes of applying
such section to the amount applicable under
subparagraph (A), the `base period' shall be 2006.
``(4) Public availability.--The Commission shall ensure
that, to the greatest extent practicable--
``(A) information required to be disclosed under
this subsection is publicly available through the
Commission website in a manner that is searchable,
sortable, and downloadable; and
``(B) the Commission's public database containing
information disclosed under this subsection is linked
electronically to the websites maintained by the
Secretary of the Senate and the Clerk of the House of
Representatives containing information filed pursuant
to the Lobbying Disclosure Act of 1995.
``(5) Regulations.--Not later than 6 months after the date
of enactment of the Honest Leadership and Open Government Act
of 2007, the Commission shall promulgate regulations to
implement this subsection. Under such regulations, the
Commission--
``(A) may, notwithstanding paragraphs (1) and (2),
provide for quarterly filing of the schedule described
in paragraph (1) by a committee which files reports
under this section more frequently than on a quarterly
basis;
``(B) shall provide guidance to committees with
respect to whether a person is reasonably known by a
committee to be a person described in paragraph (7),
which shall include a requirement that committees
consult the websites maintained by the Secretary of the
Senate and the Clerk of the House of Representatives
containing information filed pursuant to the Lobbying
Disclosure Act of 1995;
``(C) may not exempt the activity of a person
described in paragraph (7) from disclosure under this
subsection on the grounds that the person is authorized
to engage in fundraising for the committee or any other
similar grounds; and
``(D) shall provide for the broadest possible
disclosure of activities described in this subsection
by persons described in paragraph (7) that is
consistent with this subsection.
``(6) Committees described.--A committee described in this
paragraph is an authorized committee of a candidate, a
leadership PAC, or a political party committee.
``(7) Persons described.--A person described in this
paragraph is any person, who, at the time a contribution is
forwarded to a committee as described in paragraph (8)(A)(i) or
is received by a committee as described in paragraph
(8)(A)(ii), is--
``(A) a current registrant under section 4(a) of
the Lobbying Disclosure Act of 1995;
``(B) an individual who is listed on a current
registration filed under section 4(b)(6) of such Act or
a current report under section 5(b)(2)(C) of such Act;
or
``(C) a political committee established or
controlled by such a registrant or individual.
``(8) Definitions.--For purposes of this subsection, the
following definitions apply:
``(A) Bundled contribution.--The term `bundled
contribution' means, with respect to a committee
described in paragraph (6) and a person described in
paragraph (7), a contribution (subject to the
applicable threshold) which is--
``(i) forwarded from the contributor or
contributors to the committee by the person; or
``(ii) received by the committee from a
contributor or contributors, but credited by
the committee or candidate involved (or, in the
case of a leadership PAC, by the individual
referred to in subparagraph (B) involved) to
the person through records, designations, or
other means of recognizing that a certain
amount of money has been raised by the person.
``(B) Leadership pac.--The term `leadership PAC'
means, with respect to a candidate for election to
Federal office or an individual holding Federal office,
a political committee that is directly or indirectly
established, financed, maintained or controlled by the
candidate or the individual but which is not an
authorized committee of the candidate or individual and
which is not affiliated with an authorized committee of
the candidate or individual, except that such term does
not include a political committee of a political
party.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to reports filed under section 304 of the Federal
Election Campaign Act after the expiration of the 3-month period which
begins on the date that the regulations required to be promulgated by
the Federal Election Commission under section 304(i)(5) of such Act (as
added by subsection (a)) become final.
SEC. 205. 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:
``(e) 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 the Secretary of the Senate or the Clerk of the
House of Representatives may require or allow. The Secretary of the
Senate and the Clerk of the House of Representatives shall use the same
electronic software for receipt and recording of filings under this
Act.''.
SEC. 206. 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 covered legislative branch official
if the person has knowledge that the gift or travel may not be accepted
by that covered legislative branch official under the Rules of the
House of Representatives or the Standing Rules of the Senate (as the
case may be).
``(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) or
5(b)(2)(C).''.
(b) Effective Date.--The amendment made by this section shall take
effect on the date of the enactment of this Act.
SEC. 207. DISCLOSURE OF LOBBYING ACTIVITIES BY CERTAIN COALITIONS AND
ASSOCIATIONS.
(a) In General.--
(1) Disclosure.--Section 4(b)(3) of the Lobbying Disclosure
Act of 1995 (2 U.S.C. 1603(b)(3)) is amended--
(A) by amending subparagraph (A) to read as
follows:
``(A) contributes more than $5,000 to the
registrant or the client in the quarterly period to
fund the lobbying activities of the registrant; and'';
and
(B) by amending subparagraph (B) to read as
follows:
``(B) actively participates in the planning,
supervision, or control of such lobbying activities;''.
(2) Updating of information.--Section 5(b)(1) of the
Lobbying Disclosure Act of 1995 (2 U.S.C. 1604(b)(1)) is
amended by inserting ``, including information under section
4(b)(3)'' after ``initial registration''.
(b) No Donor or Membership List Disclosure.--Section 4(b) of The
Lobbying Disclosure Act of 1995 (2 U.S.C. 1603(b)) is amended by adding
at the end the following:
``No disclosure is required under paragraph (3)(B) if the organization
that would be identified as affiliated with the client is listed on the
client's publicly accessible Internet website as being a member of or
contributor to the client, unless the organization in whole or in major
part plans, supervises, or controls such lobbying activities. If a
registrant relies upon the preceding sentence, the registrant must
disclose the specific Internet address of the web page containing the
information relied upon. Nothing in paragraph (3)(B) 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 that paragraph.''.
SEC. 208. 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 ``in the 2 years'' and all that
follows through ``Act)'' and inserting ``in the 20 years before the
date on which the employee first acted''.
SEC. 209. PUBLIC AVAILABILITY OF LOBBYING DISCLOSURE INFORMATION;
MAINTENANCE OF INFORMATION.
(a) Public Availability.--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 all registrations and reports filed under
this Act, and make them available to the public over the
Internet, without a fee or other access charge, in a
searchable, sortable, and downloadable manner, to the extent
technically practicable, that--
``(A) includes the information contained in the
registrations and reports;
``(B) 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
``(C) provides electronic links or other
appropriate mechanisms to allow users to obtain
relevant information in the database of the Federal
Election Commission; and
``(10) retain the information contained in a registration
or report filed under this Act for a period of 6 years after
the registration or report (as the case may be) is filed.''.
(b) Availability of Reports.--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 under section 5(e), make such report available
for public inspection over the Internet as soon as technically
practicable 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 the Lobbying Disclosure Act of 1995 (2 U.S.C. 1605), as
added by subsection (a) of this section.
SEC. 210. DISCLOSURE OF ENFORCEMENT FOR NONCOMPLIANCE.
Section 6 of The Lobbying Disclosure Act of 1995 (2 U.S.C. 1605) is
further amended--
(1) by striking ``The Secretary'' and inserting ``(a) In
General.--The Secretary''; ;
(2) in paragraph (9), by striking ``and'' at the end;
(3) in paragraph (10), by striking the period and inserting
``; and'';
(4) by adding after paragraph (10) the following:
``(11) make publicly available, on a semiannual basis, the
aggregate number of registrants referred to the United States
Attorney for the District of Columbia for noncompliance as
required by paragraph (8).''; and
(5) by adding at the end the following:
``(b) Enforcement Report.--
``(1) Report.--The Attorney General shall report to the
congressional committees referred to in paragraph (2), after
the end of each semiannual period beginning on January 1 and
July 1, the aggregate number of enforcement actions taken by
the Department of Justice under this Act during that semiannual
period and, by case, any sentences imposed, except that such
report shall not include the names of individuals, or
personally identifiable information, that is not already a
matter of public record.
``(2) Committees.--The congressional committees referred to
in paragraph (1) are the Committee on Homeland Security and
Governmental Affairs and the Committee on the Judiciary of the
Senate and the Committee on the Judiciary of the House of
Representatives.''.
SEC. 211. INCREASED CIVIL AND CRIMINAL PENALTIES FOR FAILURE TO COMPLY
WITH LOBBYING DISCLOSURE REQUIREMENTS.
(a) In General.--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 ``$200,000''; 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.''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply to any violation committed on or after the date of the enactment
of this Act.
SEC. 212. ELECTRONIC FILING AND PUBLIC DATABASE FOR LOBBYISTS FOR
FOREIGN GOVERNMENTS.
(a) Electronic Filing.--Section 2 of the Foreign Agents
Registration Act of 1938, as amended (22 U.S.C. 612), is amended by
adding at the end the following new subsection:
``(g) Electronic Filing of Registration Statements and
Supplements.--A registration statement or supplement 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 Attorney General.''.
(b) Public Database.--Section 6 of the Foreign Agents Registration
Act of 1938, as amended (22 U.S.C. 616), is amended by adding at the
end the following new subsection:
``(d) Public Database of Registration Statements and Updates.--
``(1) In general.--The Attorney General shall maintain, and
make available to the public over the Internet, without a fee
or other access charge, in a searchable, sortable, and
downloadable manner, to the extent technically practicable, an
electronic database that--
``(A) includes the information contained in
registration statements and updates filed under this
Act; and
``(B) is searchable and sortable, at a minimum, by
each of the categories of information described in
section 2(a).
``(2) Accountability.--The Attorney General shall make each
registration statement and update filed in electronic form
pursuant to section 2(g) available for public inspection over
the Internet as soon as technically practicable after the
registration statement or update is filed.''.
(c) Effective Date.--The amendments made by this section shall take
effect on the 90th day after the date of the enactment of this Act.
SEC. 213. COMPTROLLER GENERAL AUDIT AND ANNUAL REPORT.
(a) Annual Audits and Reports.--The Lobbying Disclosure Act of 1995
( 2 U.S.C. 1601 et seq.) is further amended by adding at the end the
following:
``SEC. 26. ANNUAL AUDITS AND REPORTS BY COMPTROLLER GENERAL.
``(a) Audit.--On an annual basis, the Comptroller General shall
audit the extent of compliance or noncompliance with the requirements
of this Act by lobbyists, lobbying firms, and registrants through a
random sampling of publicly available lobbying registrations and
reports filed under this Act during each calendar year.
``(b) Reports to Congress.--
``(1) Annual reports.--Not later than April 1 of each year,
the Comptroller General shall submit to the Congress a report
on the review required by subsection (a) for the preceding
calendar year. 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--
``(A) improve the compliance by lobbyists, lobbying
firms, and registrants with the requirements of this
Act; and
``(B) provide the Department of Justice with the
resources and authorities needed for the effective
enforcement of this Act.
``(2) Assessment of compliance.--The annual report under
paragraph (1) shall include an assessment of compliance by
registrants with the requirements of section 4(b)(3).
``(c) Access to Information.--The Comptroller General may, in
carrying out this section, request information from and access to any
relevant documents from any person registered under paragraph (1) or
(2) of section 4(a) and each employee who is listed as a lobbyist under
section 4(b)(6) or section 5(b)(2)(C) if the material requested relates
to the purposes of this section. The Comptroller General may request
such person to submit in writing such information as the Comptroller
General may prescribe. The Comptroller General may notify the Congress
in writing if a person from whom information has been requested under
this subsection refuses to comply with the request within 45 days after
the request is made.''.
(b) Initial Audit and Report.--The initial audit under subsection
(a) of section 26 of the Lobbying Disclosure Act of 1995 (as added by
subsection (a) of this section) shall be made with respect to lobbying
registrations and reports filed during the first calendar quarter of
2008, and the initial report under subsection (b) of such section shall
be filed, with respect to those registrations and reports, not later
than 6 months after the end of that calendar quarter.
SEC. 214. SENSE OF CONGRESS.
It is the sense of the Congress that--
(1) 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; and
(2) the lobbying community should develop proposals for
multiple self-regulatory organizations which could--
(A) provide for the creation of standards for the
organizations appropriate to the type of lobbying and
individuals to be served;
(B) provide training for the lobbying community on
law, ethics, reporting requirements, and disclosure
requirements;
(C) provide for the development of educational
materials for the public on how to responsibly hire a
lobbyist or lobby firm;
(D) provide standards regarding reasonable fees
charged to clients;
(E) provide for the creation of a third-party
certification program that includes ethics training;
and
(F) provide for disclosure of requirements to
clients regarding fee schedules and conflict of
interest rules.
SEC. 215. EFFECTIVE DATE.
Except as otherwise provided in sections 203, 204, 206, 211, 212,
and 213, the amendments made by this title shall apply with respect to
registrations under the Lobbying Disclosure Act of 1995 having an
effective date of January 1, 2008, or later and with respect to
quarterly reports under that Act covering calendar quarters beginning
on or after January 1, 2008.
TITLE III--MATTERS RELATING TO THE HOUSE OF REPRESENTATIVES
SEC. 301. DISCLOSURE BY MEMBERS AND STAFF OF EMPLOYMENT NEGOTIATIONS.
(a) In General.--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.''.
(b) Effective Date.--The amendment made by subsection (a) 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.
SEC. 302. PROHIBITION ON LOBBYING CONTACTS 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
making any lobbying contact (as defined in section 3 of the Lobbying
Disclosure Act of 1995) 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. 303. TREATMENT OF FIRMS AND OTHER BUSINESSES WHOSE MEMBERS SERVE
AS HOUSE COMMITTEE CONSULTANTS.
Clause 18(b) of rule XXIII of the Rules of the House of
Representatives is amended by adding at the end the following: ``In the
case of such an individual who is a member or employee of a firm,
partnership, or other business organization, the other members and
employees of the firm, partnership, or other business organization
shall be subject to the same restrictions on lobbying that apply to the
individual under this paragraph.''.
SEC. 304. 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,
to the extent technically practicable, 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 6 years after receiving the information.
SEC. 305. PROHIBITING PARTICIPATION IN LOBBYIST-SPONSORED EVENTS DURING
POLITICAL CONVENTIONS.
Rule XXV of the Rules of the House of Representatives, as amended
by section 302, is amended by adding at the end the following new
clause:
``8. During the dates on which the national political party to
which a Member (including a Delegate or Resident Commissioner) belongs
holds its convention to nominate a candidate for the office of
President or Vice President, the Member may not participate in an event
honoring that Member, other than in his or her capacity as a candidate
for such office, if such event is directly paid for by a registered
lobbyist under the Lobbying Disclosure Act of 1995 or a private entity
that retains or employs such a registered lobbyist.''.
SEC. 306. EXERCISE OF RULEMAKING AUTHORITY.
The provisions of this title are adopted by the House of
Representatives--
(1) as an exercise of the rulemaking power of the House;
and
(2) with full recognition of the constitutional right of
the House to change those rules at any time, in the same
manner, and to the same extent as in the case of any other rule
of the House.
TITLE IV--CONGRESSIONAL PENSION ACCOUNTABILITY
SEC. 401. LOSS OF PENSIONS ACCRUED DURING SERVICE AS A MEMBER OF
CONGRESS FOR ABUSING THE PUBLIC TRUST.
(a) Civil Service Retirement System.--Section 8332 of title 5,
United States Code, is amended by adding at the end the following:
``(o)(1) Notwithstanding any other provision of this subchapter,
the service of an individual finally convicted of an offense described
in paragraph (2) shall not be taken into account for purposes of this
subchapter, except that this sentence applies only to service rendered
as a Member (irrespective of when rendered). Any such individual (or
other person determined under section 8342(c), if applicable) shall be
entitled to be paid so much of such individual's lump-sum credit as is
attributable to service to which the preceding sentence applies.
``(2)(A) An offense described in this paragraph is any offense
described in subparagraph (B) for which the following apply:
``(i) Every act or omission of the individual (referred to
in paragraph (1)) that is needed to satisfy the elements of the
offense occurs while the individual is a Member.
``(ii) Every act or omission of the individual that is
needed to satisfy the elements of the offense directly relates
to the performance of the individual's official duties as a
Member.
``(iii) The offense is committed after the date of
enactment of this subsection.
``(B) An offense described in this subparagraph is only the
following, and only to the extent that the offense is a felony:
``(i) An offense under section 201 of title 18 (relating to
bribery of public officials and witnesses).
``(ii) An offense under section 219 of title 18 (relating
to officers and employees acting as agents of foreign
principals).
``(iii) An offense under section 1343 of title 18 (relating
to fraud by wire, radio, or television, including as part of a
scheme to deprive citizens of honest services thereby).
``(iv) An offense under section 104(a) of the Foreign
Corrupt Practices Act of 1977 (relating to prohibited foreign
trade practices by domestic concerns).
``(v) An offense under section 1957 of title 18 (relating
to engaging in monetary transactions in property derived from
specified unlawful activity).
``(vi) An offense under section 1512 of title 18 (relating
to tampering with a witness, victim, or an informant).
``(vii) An offense under chapter 96 of title 18 (relating
to racketeer influenced and corrupt organizations).
``(viii) An offense under section 371 of title 18 (relating
to conspiracy to commit offense or to defraud United States),
to the extent of any conspiracy to commit an act which
constitutes--
``(I) an offense under clause (i), (ii), (iii),
(iv), (v), (vi), or (vii); or
``(II) an offense under section 207 of title 18
(relating to restrictions on former officers,
employees, and elected officials of the executive and
legislative branches).
``(ix) Perjury committed under section 1621 of title 18 in
falsely denying the commission of an act which constitutes--
``(I) an offense under clause (i), (ii), (iii),
(iv), (v), (vi), or (vii); or
``(II) an offense under clause (viii), to the
extent provided in such clause.
``(x) Subornation of perjury committed under section 1622
of title 18 in connection with the false denial or false
testimony of another individual as specified in clause (ix).
``(3) An individual convicted of an offense described in paragraph
(2) shall not, after the date of the final conviction, be eligible to
participate in the retirement system under this subchapter or chapter
84 while serving as a Member.
``(4) The Office of Personnel Management shall prescribe any
regulations necessary to carry out this subsection. Such regulations
shall include--
``(A) provisions under which interest on any lump-sum
payment under the second sentence of paragraph (1) shall be
limited in a manner similar to that specified in the last
sentence of section 8316(b); and
``(B) provisions under which the Office may provide for--
``(i) the payment, to the spouse or children of any
individual referred to in the first sentence of
paragraph (1), of any amounts which (but for this
clause) would otherwise have been nonpayable by reason
of such first sentence, subject to paragraph (5); and
``(ii) an appropriate adjustment in the amount of
any lump-sum payment under the second sentence of
paragraph (1) to reflect the application of clause (i).
``(5) Regulations to carry out clause (i) of paragraph (4)(B) shall
include provisions to ensure that the authority to make any payment to
the spouse or children of an individual under such clause shall be
available only to the extent that the application of such clause is
considered necessary and appropriate taking into account the totality
of the circumstances, including the financial needs of the spouse or
children, whether the spouse or children participated in an offense
described in paragraph (2) of which such individual was finally
convicted, and what measures, if any, may be necessary to ensure that
the convicted individual does not benefit from any such payment.
``(6) For purposes of this subsection--
``(A) the terms `finally convicted' and `final conviction'
refer to a conviction (i) which has not been appealed and is no
longer appealable because the time for taking an appeal has
expired, or (ii) which has been appealed and the appeals
process for which is completed;
``(B) the term `Member' has the meaning given such term by
section 2106, notwithstanding section 8331(2); and
``(C) the term `child' has the meaning given such term by
section 8341.''.
(b) Federal Employees' Retirement System.--Section 8411 of title 5,
United States Code, is amended by adding at the end the following:
``(l)(1) Notwithstanding any other provision of this chapter, the
service of an individual finally convicted of an offense described in
paragraph (2) shall not be taken into account for purposes of this
chapter, except that this sentence applies only to service rendered as
a Member (irrespective of when rendered). Any such individual (or other
person determined under section 8424(d), if applicable) shall be
entitled to be paid so much of such individual's lump-sum credit as is
attributable to service to which the preceding sentence applies.
``(2) An offense described in this paragraph is any offense
described in section 8332(o)(2)(B) for which the following apply:
``(A) Every act or omission of the individual (referred to
in paragraph (1)) that is needed to satisfy the elements of the
offense occurs while the individual is a Member.
``(B) Every act or omission of the individual that is
needed to satisfy the elements of the offense directly relates
to the performance of the individual's official duties as a
Member.
``(C) The offense is committed after the date of enactment
of this subsection.
``(3) An individual convicted of an offense described in paragraph
(2) shall not, after the date of the final conviction, be eligible to
participate in the retirement system under this chapter while serving
as a Member.
``(4) The Office of Personnel Management shall prescribe any
regulations necessary to carry out this subsection. Such regulations
shall include--
``(A) provisions under which interest on any lump-sum
payment under the second sentence of paragraph (1) shall be
limited in a manner similar to that specified in the last
sentence of section 8316(b); and
``(B) provisions under which the Office may provide for--
``(i) the payment, to the spouse or children of any
individual referred to in the first sentence of
paragraph (1), of any amounts which (but for this
clause) would otherwise have been nonpayable by reason
of such first sentence, subject to paragraph (5); and
``(ii) an appropriate adjustment in the amount of
any lump-sum payment under the second sentence of
paragraph (1) to reflect the application of clause (i).
``(5) Regulations to carry out clause (i) of paragraph (4)(B) shall
include provisions to ensure that the authority to make any payment
under such clause to the spouse or children of an individual shall be
available only to the extent that the application of such clause is
considered necessary and appropriate taking into account the totality
of the circumstances, including the financial needs of the spouse or
children, whether the spouse or children participated in an offense
described in paragraph (2) of which such individual was finally
convicted, and what measures, if any, may be necessary to ensure that
the convicted individual does not benefit from any such payment.
``(6) For purposes of this subsection--
``(A) the terms `finally convicted' and `final conviction'
refer to a conviction (i) which has not been appealed and is no
longer appealable because the time for taking an appeal has
expired, or (ii) which has been appealed and the appeals
process for which is completed;
``(B) the term `Member' has the meaning given such term by
section 2106, notwithstanding section 8401(20); and
``(C) the term `child' has the meaning given such term by
section 8441.''.
TITLE V--SENATE LEGISLATIVE TRANSPARENCY AND ACCOUNTABILITY
Subtitle A--Procedural Reform
SEC. 511. AMENDMENTS TO RULE XXVIII.
(a) Out of Scope Material Amendment.--Rule XXVIII of the Standing
Rules of the Senate is amended by--
(1) redesignating paragraphs 4 through 6 as paragraphs 6
through 8, respectively; and
(2) striking paragraphs 2 and 3 and inserting the
following:
``2. (a) Conferees shall not insert in their report matter not
committed to them by either House, nor shall they strike from the bill
matter agreed to by both Houses.
``(b) If matter which was agreed to by both Houses is stricken from
the bill a point of order may be made against the report, and if the
point of order is sustained, the report is rejected or shall be
recommitted to the committee of conference if the House of
Representatives has not already acted thereon.
``(c) If new matter is inserted in the report, a point of order may
be made against the conference report and it shall be disposed of as
provided under paragraph 4.
``3. (a) In any case in which a disagreement to an amendment in the
nature of a substitute has been referred to conferees--
``(1) it shall be in order for the conferees to report a
substitute on the same subject matter;
``(2) the conferees may not include in the report matter
not committed to them by either House; and
``(3) the conferees may include in their report in any such
case matter which is a germane modification of subjects in
disagreement.
``(b) In any case in which the conferees violate subparagraph (a),
a point of order may be made against the conference report and it shall
be disposed of as provided under paragraph 4.
``4. (a) A Senator may raise a point of order that one or more
provisions of a conference report violates paragraph 2 or paragraph 3,
as the case may be. The Presiding Officer may sustain the point of
order as to some or all of the provisions against which the Senator
raised the point of order.
``(b) If the Presiding Officer sustains the point of order as to
any of the provisions against which the Senator raised the point of
order, then those provisions against which the Presiding Officer
sustains the point of order shall be stricken. After all other points
of order under this paragraph have been disposed of--
``(1) the Senate shall proceed to consider the question of
whether the Senate should recede from its amendment to the
House bill, or its disagreement to the amendment of the House,
and concur with a further amendment, which further amendment
shall consist of only that portion of the conference report
that has not been stricken;
``(2) the question in clause (1) shall be decided under the
same debate limitation as the conference report; and
``(3) no further amendment shall be in order.
``5. (a) Any Senator may move to waive any or all points of order
under paragraph 2 or 3 with respect to the pending conference report by
an affirmative vote of three-fifths of the Members, duly chosen and
sworn. All motions to waive under this paragraph shall be debatable
collectively for not to exceed 1 hour equally divided between the
Majority Leader and the Minority Leader or their designees. A motion to
waive all points of order under this paragraph shall not be amendable.
``(b) All appeals from rulings of the Chair under paragraph 4 shall
be debatable collectively for not to exceed 1 hour, equally divided
between the Majority and the Minority Leader or their designees. An
affirmative vote of three-fifths of the Members of the Senate, duly
chosen and sworn, shall be required in the Senate to sustain an appeal
of the ruling of the Chair under paragraph 4.''.
(b) Public Availability Amendment.--
(1) In general.--Rule XXVIII of the Standing Rules of the
Senate is amended by adding at the end the following:
``9. (a)(1) It shall not be in order to vote on the adoption of a
report of a committee of conference unless such report has been
available to Members and to the general public for at least 48 hours
before such vote. If a point of order is sustained under this
paragraph, then the conference report shall be set aside.
``(2) For purposes of this paragraph, a report of a committee of
conference is made available to the general public as of the time it is
posted on a publicly accessible website controlled by a Member,
committee, Library of Congress, or other office of Congress, or the
Government Printing Office, as reported to the Presiding Officer by the
Secretary of the Senate.
``(b)(1) This paragraph may be waived in the Senate with respect to
the pending conference report by an affirmative vote of three-fifths of
the Members, duly chosen and sworn. A motion to waive this paragraph
shall be debatable for not to exceed 1 hour equally divided between the
Majority Leader and the Minority Leader or their designees.
``(2) An affirmative vote of three-fifths of the Members, duly
chosen and sworn, shall be required to sustain an appeal of the ruling
of the Chair on a point of order raised under this paragraph. An appeal
of the ruling of the Chair shall be debatable for not to exceed 1 hour
equally divided between the Majority and the Minority Leader or their
designees
``(c) This paragraph may be waived by joint agreement of the
Majority Leader and the Minority Leader of the Senate, upon their
certification that such waiver is necessary as a result of a
significant disruption to Senate facilities or to the availability of
the Internet.''.
(2) Implementation.--Not later than 60 days after the date
of enactment of this section, the Committee on Rules and
Administration, in consultation with the Secretary of the
Senate and the Clerk of the House of Representatives, and the
Government Printing Office shall promulgate regulations for the
implementation of the requirements of paragraph 9 of rule
XXVIII of the Standing Rules of the Senate, as added by this
section.
SEC. 512. NOTICE OF OBJECTING TO PROCEEDING.
(a) In General.--The Majority and Minority Leaders of the Senate or
their designees shall recognize a notice of intent of a Senator who is
a member of their caucus to object to proceeding to a measure or matter
only if the Senator--
(1) following the objection to a unanimous consent to
proceeding to, and, or passage of, a measure or matter on their
behalf, submits the notice of intent in writing to the
appropriate leader or their designee; and
(2) not later than 6 session days after the submission
under paragraph (1), submits for inclusion in the Congressional
Record and in the applicable calendar section described in
subsection (b) the following notice:
``I, Senator ____, intend to object to proceedings to ____, dated
____ for the following reasons____.''.
(b) Calendar.--
(1) In general.--The Secretary of the Senate shall
establish for both the Senate Calendar of Business and the
Senate Executive Calendar a separate section entitled ``Notice
of Intent to Object to Proceeding''.
(2) Content.--The section required by paragraph (1) shall
include--
(A) the name of each Senator filing a notice under
subsection (a)(2);
(B) the measure or matter covered by the calendar
that the Senator objects to; and
(C) the date the objection was filed.
(3) Notice.--A Senator who has notified their respective
leader and who has withdrawn their objection within the 6
session day period is not required to submit a notification
under subsection (a)(2).
(c) Removal.--A Senator may have an item with respect to the
Senator removed from a calendar to which it was added under subsection
(b) by submitting for inclusion in the Congressional Record the
following notice:
``I, Senator ____, do not object to proceed to ____, dated ____.''.
SEC. 513. PUBLIC AVAILABILITY OF SENATE COMMITTEE AND SUBCOMMITTEE
MEETINGS.
(a) In General.--Paragraph 5(e) of rule XXVI of the Standing Rules
of the Senate is amended by--
(1) inserting after ``(e)'' the following: ``(1)''; and
(2) adding at the end the following:
``(2)(A) Except with respect to meetings closed in accordance with
this rule, each committee and subcommittee shall make publicly
available through the Internet a video recording, audio recording, or
transcript of any meeting not later than 21 business days after the
meeting occurs.
``(B) Information required by subclause (A) shall be available
until the end of the Congress following the date of the meeting.
``(C) The Committee on Rules and Administration may waive this
clause upon request based on the inability of a committee or
subcommittee to comply with this clause due to technical or logistical
reasons.''.
(b) Effective Date.--This section shall take effect 90 days after
the date of enactment of this Act.
SEC. 514. AMENDMENTS AND MOTIONS TO RECOMMIT.
Paragraph 1 of rule XV of the Standing Rules of the Senate is
amended to read as follows:
``1.(a) An amendment and any instruction accompanying a motion to
recommit shall be reduced to writing and read and identical copies
shall be provided by the Senator offering the amendment or instruction
to the desks of the Majority Leader and the Minority Leader before
being debated.
``(b) A motion shall be reduced to writing, if desired by the
Presiding Officer or by any Senator, and shall be read before being
debated.''.
SEC. 515. SENSE OF THE SENATE ON CONFERENCE COMMITTEE PROTOCOLS.
It is the sense of the Senate that--
(1) conference committees should hold regular, formal
meetings of all conferees that are open to the public;
(2) all conferees should be given adequate notice of the
time and place of all such meetings;
(3) all conferees should be afforded an opportunity to
participate in full and complete debates of the matters that
such conference committees may recommend to their respective
Houses; and
(4) the text of a report of a committee of conference shall
not be changed after the Senate signature sheets have been
signed by a majority of the Senate conferees.
Subtitle B--Earmark Reform
SEC. 521. CONGRESSIONALLY DIRECTED SPENDING.
The Standing Rules of the Senate are amended by adding at the end
the following:
``RULE XLIV
``Congressionally Directed Spending and Related Items
``1. (a) It shall not be in order to vote on a motion to proceed to
consider a bill or joint resolution reported by any committee unless
the chairman of the committee of jurisdiction or the Majority Leader or
his or her designee certifies--
``(1) that each congressionally directed spending item,
limited tax benefit, and limited tariff benefit, if any, in the
bill or joint resolution, or in the committee report
accompanying the bill or joint resolution, has been identified
through lists, charts, or other similar means including the
name of each Senator who submitted a request to the committee
for each item so identified; and
``(2) that the information in clause (1) has been available
on a publicly accessible congressional website in a searchable
format at least 48 hours before such vote.
``(b) If a point of order is sustained under this paragraph, the
motion to proceed shall be suspended until the sponsor of the motion or
his or her designee has requested resumption and compliance with this
paragraph has been achieved.
``2. (a) It shall not be in order to vote on a motion to proceed to
consider a Senate bill or joint resolution not reported by committee
unless the chairman of the committee of jurisdiction or the Majority
Leader or his or her designee certifies--
``(1) that each congressionally directed spending item,
limited tax benefit, and limited tariff benefit, if any, in the
bill or joint resolution, has been identified through lists,
charts, or other similar means, including the name of each
Senator who submitted a request to the sponsor of the bill or
joint resolution for each item so identified; and
``(2) that the information in clause (1) has been available
on a publicly accessible congressional website in a searchable
format at least 48 hours before such vote.
``(b) If a point of order is sustained under this paragraph, the
motion to proceed shall be suspended until the sponsor of the motion or
his or her designee has requested resumption and compliance with this
paragraph has been achieved.
``3. (a) It shall not be in order to vote on the adoption of a
report of a committee of conference unless the chairman of the
committee of jurisdiction or the Majority Leader or his or her designee
certifies--
``(1) that each congressionally directed spending item,
limited tax benefit, and limited tariff benefit, if any, in the
conference report, or in the joint statement of managers
accompanying the conference report, has been identified through
lists, charts, or other means, including the name of each
Senator who submitted a request to the committee of
jurisdiction for each item so identified; and
``(2) that the information in clause (1) has been available
on a publicly accessible congressional website at least 48
hours before such vote.
``(b) If a point of order is sustained under this paragraph, then
the conference report shall be set aside.
``4. (a) If during consideration of a bill or joint resolution, a
Senator proposes an amendment containing a congressionally directed
spending item, limited tax benefit, or limited tariff benefit which was
not included in the bill or joint resolution as placed on the calendar
or as reported by any committee, in a committee report on such bill or
joint resolution, or a committee report of the Senate on a companion
measure, then as soon as practicable, the Senator shall ensure that a
list of such items (and the name of any Senator who submitted a request
to the Senator for each respective item included in the list) is
printed in the Congressional Record.
``(b) If a committee reports a bill or joint resolution that
includes congressionally directed spending items, limited tax benefits,
or limited tariff benefits in the bill or joint resolution, or in the
committee report accompanying the bill or joint resolution, the
committee shall as soon as practicable identify on a publicly
accessible congressional website each such item through lists, charts,
or other similar means, including the name of each Senator who
submitted a request to the committee for each item so identified.
Availability on the Internet of a committee report that contains the
information described in this subparagraph shall satisfy the
requirements of this subparagraph.
``(c) To the extent technically feasible, information made
available on publicly accessible congressional websites under
paragraphs 3 and 4 shall be provided in a searchable format.
``5. For the purpose of this rule--
``(a) the term `congressionally directed spending item'
means a provision or report language included primarily at the
request of a Senator providing, authorizing, or recommending a
specific amount of discretionary budget authority, credit
authority, or other spending authority for a contract, loan,
loan guarantee, grant, loan authority, or other expenditure
with or to an entity, or targeted to a specific State, locality
or Congressional district, other than through a statutory or
administrative formula-driven or competitive award process;
``(b) the term `limited tax benefit' means--
``(1) any revenue provision that--
``(A) provides a Federal tax deduction,
credit, exclusion, or preference to a
particular beneficiary or limited group of
beneficiaries under the Internal Revenue Code
of 1986; and
``(B) contains eligibility criteria that
are not uniform in application with respect to
potential beneficiaries of such provision;
``(c) the term `limited tariff benefit' means a provision
modifying the Harmonized Tariff Schedule of the United States
in a manner that benefits 10 or fewer entities; and
``(d) except as used in subparagraph 8(e), the term `item'
when not preceded by `congressionally directed spending' means
any provision that is a congressionally directed spending item,
a limited tax benefit, or a limited tariff benefit.
``6. (a) A Senator who requests a congressionally directed spending
item, a limited tax benefit, or a limited tariff benefit in any bill or
joint resolution (or an accompanying report) or in any conference
report (or an accompanying joint statement of managers) shall provide a
written statement to the chairman and ranking member of the committee
of jurisdiction, including--
``(1) the name of the Senator;
``(2) in the case of a congressionally directed spending
item, the name and location of the intended recipient or, if
there is no specifically intended recipient, the intended
location of the activity;
``(3) in the case of a limited tax or tariff benefit,
identification of the individual or entities reasonably
anticipated to benefit, to the extent known to the Senator;
``(4) the purpose of such congressionally directed spending
item or limited tax or tariff benefit; and
``(5) a certification that neither the Senator nor the
Senator's immediate family has a pecuniary interest in the
item, consistent with the requirements of paragraph 9.
``(b) With respect to each item included in a Senate bill or joint
resolution (or accompanying report) reported by committee or considered
by the Senate, or included in a conference report (or joint statement
of managers accompanying the conference report) considered by the
Senate, each committee of jurisdiction shall make available for public
inspection on the Internet the certifications under subparagraph (a)(5)
as soon as practicable.
``7. In the case of a bill, joint resolution, or conference report
that contains congressionally directed spending items in any classified
portion of a report accompanying the measure, the committee of
jurisdiction shall, to the greatest extent practicable, consistent with
the need to protect national security (including intelligence sources
and methods), include on the list required by paragraph 1, 2, or 3 as
the case may be, a general program description in unclassified
language, funding level, and the name of the sponsor of that
congressionally directed spending item.
``8. (a) A Senator may raise a point of order against one or more
provisions of a conference report if they constitute new directed
spending provisions. The Presiding Officer may sustain the point of
order as to some or all of the provisions against which the Senator
raised the point of order.
``(b) If the Presiding Officer sustains the point of order as to
any of the provisions against which the Senator raised the point of
order, then those provisions against which the Presiding Officer
sustains the point of order shall be stricken. After all other points
of order under this paragraph have been disposed of--
``(1) the Senate shall proceed to consider the question of
whether the Senate should recede from its amendment to the
House bill, or its disagreement to the amendment of the House,
and concur with a further amendment, which further amendment
shall consist of only that portion of the conference report
that has not been stricken; and
``(2) the question in clause (1) shall be decided under the
same debate limitation as the conference report and no further
amendment shall be in order.
``(c) Any Senator may move to waive any or all points of order
under this paragraph with respect to the pending conference report by
an affirmative vote of three-fifths of the Members, duly chosen and
sworn. All motions to waive under this paragraph shall be debatable
collectively for not to exceed 1 hour equally divided between the
Majority Leader and the Minority Leader or their designees. A motion to
waive all points of order under this paragraph shall not be amendable.
``(d) All appeals from rulings of the Chair under this paragraph
shall be debatable collectively for not to exceed 1 hour, equally
divided between the Majority and the Minority Leader or their
designees. An affirmative vote of three-fifths of the Members of the
Senate, duly chosen and sworn, shall be required in the Senate to
sustain an appeal of the ruling of the Chair under this paragraph.
``(e) The term `new directed spending provision' as used in this
paragraph means any item that consists of a specific provision
containing a specific level of funding for any specific account,
specific program, specific project, or specific activity, when no
specific funding was provided for such specific account, specific
program, specific project, or specific activity in the measure
originally committed to the conferees by either House.
``9. No Member, officer, or employee of the Senate shall knowingly
use his official position to introduce, request, or otherwise aid the
progress or passage of congressionally directed spending items, limited
tax benefits, or limited tariff benefits a principal purpose of which
is to further only his pecuniary interest, only the pecuniary interest
of his immediate family, or only the pecuniary interest of a limited
class of persons or enterprises, when he or his immediate family, or
enterprises controlled by them, are members of the affected class.
``10. Any Senator may move to waive application of paragraph 1, 2,
or 3 with respect to a measure by an affirmative vote of three-fifths
of the Members, duly chosen and sworn. A motion to waive under this
paragraph with respect to a measure shall be debatable for not to
exceed 1 hour equally divided between the Majority Leader and the
Minority Leader or their designees. With respect to points of order
raised under paragraphs 1, 2, or 3, only one appeal from a ruling of
the Chair shall be in order, and debate on such an appeal from a ruling
of the Chair on such point of order shall be limited to one hour.
``11. Any Senator may move to waive all points of order under this
rule with respect to the pending measure or motion by an affirmative
vote of three-fifths of the Members, duly chosen and sworn. All motions
to waive all points of order with respect to a measure or motion as
provided by this paragraph shall be debatable collectively for not to
exceed 1 hour equally divided between the Majority Leader and the
Minority Leader or their designees. A motion to waive all points of
order with respect to a measure or motion as provided by this paragraph
shall not be amendable.
``12. Paragraph 1, 2, or 3 of this rule may be waived by joint
agreement of the Majority Leader and the Minority Leader of the Senate
upon their certification that such waiver is necessary as a result of a
significant disruption to Senate facilities or to the availability of
the Internet.''.
Subtitle C--Revolving Door Reform
SEC. 531. POST-EMPLOYMENT RESTRICTIONS.
(a) Application to Entity.--Paragraph 8 of rule XXXVII of the
Standing Rules of the Senate is amended by--
(1) inserting after ``by such a registered lobbyist'' the
following ``or an entity that employs or retains a registered
lobbyist''; and
(2) striking ``one year'' and inserting ``2 years''.
(b) Prohibition.--Paragraph 9 of rule XXXVII of the Standing Rules
of the Senate is amended--
(1) in the first sentence, by inserting after ``by such a
registered lobbyist'' the following: ``or an entity that
employs or retains a registered lobbyist'';
(2) in the second sentence, by inserting after ``by such a
registered lobbyist'' the following: ``or an entity that
employs or retains a registered lobbyist'';
(3) by designating the first and second sentences as
subparagraphs (a) and (b), respectively; and
(4) by adding at the end the following:
``(c) If an officer of the Senate or an employee on the staff of a
Member or on the staff of a committee whose rate of pay is equal to or
greater than 75 percent of the rate of pay of a Member and employed at
such rate for more than 60 days in a calendar year, upon leaving that
position, becomes a registered lobbyist, or is employed or retained by
such a registered lobbyist or an entity that employs or retains a
registered lobbyist for the purpose of influencing legislation, such
employee may not lobby any Member, officer, or employee of the Senate
for a period of 1 year after leaving that position.''.
(c) Effective Date.--Paragraph 9(c) of rule XXXVII of the Standing
Rules of the Senate shall apply to individuals who leave office or
employment to which such paragraph applies on or after the date of
adjournment of the first session of the 110th Congress sine die or
December 31, 2007, whichever date is earlier.
SEC. 532. DISCLOSURE BY MEMBERS OF CONGRESS AND STAFF OF EMPLOYMENT
NEGOTIATIONS.
Rule XXXVII of the Standing Rules of the Senate is amended by--
(1) redesignating paragraph 12 as paragraph 13; and
(2) adding after paragraph 11 the following:
``12. (a) A Member shall not negotiate or have any arrangement
concerning prospective private employment until after his or her
successor has been elected, unless such Member files a signed statement
with the Secretary of the Senate, for public disclosure, regarding such
negotiations or arrangements not later than 3 business days after the
commencement of such negotiation or arrangement, including the name of
the private entity or entities involved in such negotiations or
arrangements, and the date such negotiations or arrangements commenced.
``(b) A Member shall not negotiate or have any arrangement
concerning prospective employment for a job involving lobbying
activities as defined by the Lobbying Disclosure Act of 1995 until
after his or her successor has been elected.
``(c)(1) An employee of the Senate earning in excess of 75 percent
of the salary paid to a Senator shall notify the Select Committee on
Ethics that he or she is negotiating or has any arrangement concerning
prospective private employment.
``(2) The notification under this subparagraph shall be made not
later than 3 business days after the commencement of such negotiation
or arrangement.
``(3) An employee to whom this subparagraph applies shall--
``(A) recuse himself or herself from--
``(i) any contact or communication with the
prospective employer on issues of legislative interest
to the prospective employer; and
``(ii) any legislative matter in which there is a
conflict of interest or an appearance of a conflict for
that employee under this subparagraph; and
``(B) notify the Select Committee on Ethics of such
recusal.''.
SEC. 533. ELIMINATION OF FLOOR PRIVILEGES FOR FORMER MEMBERS, SENATE
OFFICERS, AND SPEAKERS OF THE HOUSE WHO ARE REGISTERED
LOBBYISTS OR SEEK FINANCIAL GAIN.
Rule XXIII of the Standing Rules of the Senate is amended by--
(1) inserting ``1.'' before ``Other'';
(2) inserting after ``Ex-Senators and Senators-elect'' the
following: ``, except as provided in paragraph 2'';
(3) inserting after ``Ex-Secretaries and ex-Sergeants at
Arms of the Senate'' the following: ``, except as provided in
paragraph 2'';
(4) inserting after ``Ex-Speakers of the House of
Representatives'' the following: ``, except as provided in
paragraph 2''; and
(5) adding at the end the following:
``2.(a) The floor privilege provided in paragraph 1 shall not
apply, when the Senate is in session, to an individual covered by this
paragraph who is--
``(1) a registered lobbyist or agent of a foreign
principal; or
``(2) in the employ of or represents any party or
organization for the purpose of influencing, directly or
indirectly, the passage, defeat, or amendment of any Federal
legislative proposal.
``(b) The Committee on Rules and Administration may promulgate
regulations to allow individuals covered by this paragraph floor
privileges for ceremonial functions and events designated by the
Majority Leader and the Minority Leader.
``3. A former Member of the Senate may not exercise privileges to
use Senate athletic facilities or Member-only parking spaces if such
Member is--
``(a) a registered lobbyist or agent of a foreign
principal; or
``(b) in the employ of or represents any party or
organization for the purpose of influencing, directly or
indirectly, the passage, defeat, or amendment of any Federal
legislative proposal.''.
SEC. 534. INFLUENCING HIRING DECISIONS.
Rule XLIII of the Standing Rules of the Senate is amended by adding
at the end the following:
``6. No Member, with the intent to influence solely on the basis of
partisan political affiliation an employment decision or employment
practice of any private entity, shall--
``(a) take or withhold, or offer or threaten to take or
withhold, an official act; or
``(b) influence, or offer or threaten to influence the
official act of another.''.
SEC. 535. NOTIFICATION OF POST-EMPLOYMENT RESTRICTIONS.
(a) In General.--After a Senator or an elected officer of the
Senate leaves office or after the termination of employment with the
Senate of an employee of the Senate, the Secretary of the Senate 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 rule XXXVII of the Standing Rules of the Senate.
(b) Effective Date.--This section shall take effect 60 days after
the date of enactment of this Act.
Subtitle D--Gift and Travel Reform
SEC. 541. BAN ON GIFTS FROM REGISTERED LOBBYISTS AND ENTITIES THAT HIRE
REGISTERED LOBBYISTS.
Paragraph 1(a)(2) of rule XXXV of the Standing Rules of the Senate
is amended by--
(1) inserting ``(A)'' after ``(2)''; and
(2) adding at the end the following:
``(B) A Member, officer, or employee may not knowingly accept a
gift from a registered lobbyist, an agent of a foreign principal, or a
private entity that retains or employs a registered lobbyist or an
agent of a foreign principal, except as provided in subparagraphs (c)
and (d).''.
SEC. 542. NATIONAL PARTY CONVENTIONS.
Paragraph (1)(d) of rule XXXV of the Standing Rules of the Senate
is amended by adding at the end the following:
``(5) During the dates of the national party convention for the
political party to which a Member belongs, a Member may not participate
in an event honoring that Member, other than in his or her capacity as
the party's presidential or vice presidential nominee or presumptive
nominee, if such event is directly paid for by a registered lobbyist or
a private entity that retains or employs a registered lobbyist.''.
SEC. 543. PROPER VALUATION OF TICKETS TO ENTERTAINMENT AND SPORTING
EVENTS.
Paragraph 1(c)(1) of rule XXXV of the Standing Rules of the Senate
is amended by--
(1) inserting ``(A)'' before ``Anything''; and
(2) adding at the end the following:
``(B) The market value of a ticket to an entertainment or
sporting event shall be the face value of the ticket or, in the
case of a ticket without a face value, the value of the ticket
with the highest face value for the event, except that if a
ticket holder can establish in advance of the event to the
Select Committee on Ethics that the ticket at issue is
equivalent to another ticket with a face value, then the market
value shall be set at the face value of the equivalent ticket.
In establishing equivalency, the ticket holder shall provide
written and independently verifiable information related to the
primary features of the ticket, including, at a minimum, the
seat location, access to parking, availability of food and
refreshments, and access to venue areas not open to the public.
The Select Committee on Ethics may make a determination of
equivalency only if such information is provided in advance of
the event.''.
SEC. 544. RESTRICTIONS ON REGISTERED LOBBYIST PARTICIPATION IN TRAVEL
AND DISCLOSURE.
(a) Prohibition.--Paragraph 2 of rule XXXV of the Standing Rules of
the Senate is amended--
(1) in subparagraph (a)(1), by--
(A) adding after ``foreign principal'' the
following: ``or a private entity that retains or
employs 1 or more registered lobbyists or agents of a
foreign principal'';
(B) striking the dash and inserting ``complies with
the requirements of this paragraph.''; and
(C) striking clauses (A) and (B);
(2) by redesignating subparagraph (a)(2) as subparagraph
(a)(3) and adding after subparagraph (a)(1) the following:
``(2)(A) Notwithstanding clause (1), a reimbursement (including
payment in kind) to a Member, officer, or employee of the Senate from
an individual, other than a registered lobbyist or agent of a foreign
principal, that is a private entity that retains or employs 1 or more
registered lobbyists or agents of a foreign principal shall be deemed
to be a reimbursement to the Senate under clause (1) if--
``(i) the reimbursement is for necessary transportation,
lodging, and related expenses for travel to a meeting, speaking
engagement, factfinding trip, or similar event described in
clause (1) in connection with the duties of the Member,
officer, or employee and the reimbursement is provided only for
attendance at or participation for 1-day (exclusive of travel
time and an overnight stay) at an event described in clause
(1); or
``(ii) the reimbursement is for necessary transportation,
lodging, and related expenses for travel to a meeting, speaking
engagement, factfinding trip, or similar event described in
clause (1) in connection with the duties of the Member,
officer, or employee and the reimbursement is from an
organization designated under section 501(c)(3) of the Internal
Revenue Code of 1986.
``(B) When deciding whether to preapprove a trip under this clause,
the Select Committee on Ethics shall make a determination consistent
with regulations issued pursuant to section 544(b) of the Honest
Leadership and Open Government Act of 2007. The committee through
regulations to implement subclause (A)(i) may permit a longer stay when
determined by the committee to be practically required to participate
in the event, but in no event may the stay exceed 2 nights.'';
(3) in subparagraph (a)(3), as redesignated, by striking
``clause (1)'' and inserting ``clauses (1) and (2)'';
(4) in subparagraph (b), by inserting before ``Each'' the
following: ``Before an employee may accept reimbursement
pursuant to subparagraph (a), the employee shall receive
advance written authorization from the Member or officer under
whose direct supervision the employee works.'';
(5) in subparagraph (c)--
(A) by inserting before ``Each'' the following:
``Each Member, officer, or employee that receives
reimbursement under this paragraph shall disclose the
expenses reimbursed or to be reimbursed, the
authorization under subparagraph (b) (for an employee),
and a copy of the certification in subparagraph (e)(1)
to the Secretary of the Senate not later than 30 days
after the travel is completed.'';
(B) by striking ``subparagraph (a)(1)'' and
inserting ``this subparagraph'';
(C) in clause (5), by striking ``and'' after the
semicolon;
(D) by redesignating clause (6) as clause (7); and
(E) by inserting after clause (5) the following:
``(6) a description of meetings and events attended; and'';
(6) by redesignating subparagraphs (d) and (e) as
subparagraphs (f) and (g), respectively;
(7) by adding after subparagraph (c) the following:
``(d)(1) A Member, officer, or employee of the Senate may not
accept a reimbursement (including payment in kind) for transportation,
lodging, or related expenses under subparagraph (a) for a trip that
was--
``(A) planned, organized, or arranged by or at the request
of a registered lobbyist or agent of a foreign principal; or
``(B)(i) for trips described under subparagraph
(a)(2)(A)(i) on which a registered lobbyist accompanies the
Member, officer, or employee on any segment of the trip; or
``(ii) for all other trips allowed under this paragraph, on
which a registered lobbyist accompanies the Member, officer, or
employee at any point throughout the trip.
``(2) The Select Committee on Ethics shall issue regulations
identifying de minimis activities by registered lobbyists or foreign
agents that would not violate this subparagraph.
``(e) A Member, officer, or employee shall, before accepting travel
otherwise permissible under this paragraph from any source--
``(1) provide to the Select Committee on Ethics a written
certification from such source that--
``(A) the trip will not be financed in any part by
a registered lobbyist or agent of a foreign principal;
``(B) the source either--
``(i) does not retain or employ registered
lobbyists or agents of a foreign principal and
is not itself a registered lobbyist or agent of
a foreign principal; or
``(ii) certifies that the trip meets the
requirements of subclause (i) or (ii) of
subparagraph (a)(2)(A);
``(C) the source will not accept from a registered
lobbyist or agent of a foreign principal or a private
entity that retains or employs 1 or more registered
lobbyists or agents of a foreign principal, funds
earmarked directly or indirectly for the purpose of
financing the specific trip; and
``(D) the trip will not in any part be planned,
organized, requested, or arranged by a registered
lobbyist or agent of a foreign principal and the
traveler will not be accompanied on the trip consistent
with the applicable requirements of subparagraph
(d)(1)(B) by a registered lobbyist or agent of a
foreign principal, except as permitted by regulations
issued under subparagraph (d)(2); and
``(2) after the Select Committee on Ethics has promulgated
regulations pursuant to section 544(b) of the Honest Leadership
and Open Government Act of 2007, obtain the prior approval of
the committee for such reimbursement.''; and
(8) by striking subparagraph (g), as redesignated, and
inserting the following:
``(g) The Secretary of the Senate shall make all advance
authorizations, certifications, and disclosures filed pursuant to this
paragraph available for public inspection as soon as possible after
they are received, but in no event prior to the completion of the
relevant travel.''.
(b) Guidelines.--
(1) In general.--Except as provided in paragraph (4) and
not later than 60 days after the date of enactment of this Act
and at annual intervals thereafter, the Select Committee on
Ethics shall develop and revise, as necessary--
(A) guidelines, for purposes of implementing the
amendments made by subsection (a), on evaluating a trip
proposal and judging the reasonableness of an expense
or expenditure, including guidelines related to
evaluating--
(i) the stated mission of the organization
sponsoring the trip;
(ii) the organization's prior history of
sponsoring congressional trips, if any;
(iii) other educational activities
performed by the organization besides
sponsoring congressional trips;
(iv) whether any trips previously sponsored
by the organization led to an investigation by
the Select Committee on Ethics;
(v) whether the length of the trip and the
itinerary is consistent with the official
purpose of the trip;
(vi) whether there is an adequate
connection between a trip and official duties;
(vii) the reasonableness of an amount spent
by a sponsor of the trip;
(viii) whether there is a direct and
immediate relationship between a source of
funding and an event; and
(ix) any other factor deemed relevant by
the Select Committee on Ethics; and
(B) regulations describing the information it will
require individuals subject to the requirements of the
amendments made by subsection (a) to submit to the
committee in order to obtain the prior approval of the
committee for travel under paragraph 2 of rule XXXV of
the Standing Rules of the Senate, including any
required certifications.
(2) Consideration.--In developing and revising guidelines
under paragraph (1)(A), the committee shall take into account
the maximum per diem rates for official Federal Government
travel published annually by the General Services
Administration, the Department of State, and the Department of
Defense.
(3) Unreasonable expense.--For purposes of this subsection,
travel on a flight described in paragraph 1(c)(1)(C)(ii) of
rule XXXV of the Standing Rules of the Senate shall not be
considered to be a reasonable expense.
(4) Extension.--The deadline for the initial guidelines
required by paragraph (1) may be extended for 30 days by the
Committee on Rules and Administration.
(c) Reimbursement for Noncommercial Air Travel.--
(1) Charter rates.--Paragraph 1(c)(1) of rule XXXV of the
Standing Rules of the Senate is amended by adding at the end
the following:
``(C)(i) Fair market value for a flight on an aircraft
described in item (ii) shall be the pro rata share of the fair
market value of the normal and usual charter fare or rental
charge for a comparable plane of comparable size, as determined
by dividing such cost by the number of Members, officers, or
employees of Congress on the flight.
``(ii) A flight on an aircraft described in this item is
any flight on an aircraft that is not--
``(I) operated or paid for by an air carrier or
commercial operator certificated by the Federal
Aviation Administration and required to be conducted
under air carrier safety rules; or
``(II) in the case of travel which is abroad, an
air carrier or commercial operator certificated by an
appropriate foreign civil aviation authority and the
flight is required to be conducted under air carrier
safety rules.
``(iii) This subclause shall not apply to an aircraft owned
or leased by a governmental entity or by a Member of Congress
or a Member's immediate family member (including an aircraft
owned by an entity that is not a public corporation in which
the Member or Member's immediate family member has an ownership
interest), provided that the Member does not use the aircraft
anymore than the Member's or immediate family member's
proportionate share of ownership allows.''.
(2) Unofficial office accounts.--Paragraph 1 of rule
XXXVIII of the Standing Rules of the Senate is amended by
adding at the end the following:
``(c) For purposes of reimbursement under this rule, fair market
value of a flight on an aircraft shall be determined as provided in
paragraph 1(c)(1)(C) of rule XXXV.''.
(d) Review of Travel Allowances.--Not later than 90 days after the
date of enactment of this Act, the Subcommittee on the Legislative
Branch of the Senate Committee on Appropriations, in consultation with
the Committee on Rules and Administration of the Senate, shall consider
and propose, as necessary in the discretion of the subcommittee, any
adjustment to the Senator's Official Personnel and Office Expense
Account needed in light of the enactment of this section, and any
modifications of Federal statutes or appropriations measures needed to
accomplish such adjustments.
(e) Separately Regulated Expenses.--Nothing in this section or
section 541 is meant to alter treatment under law or Senate rules of
expenses that are governed by the Foreign Gifts and Decorations Act or
the Mutual Educational and Cultural Exchange Act.
(f) Effective Date.--The amendments made by subsections (a) and (b)
shall take effect 60 days after the date of enactment of this Act or
the date the Select Committee on Ethics issues new guidelines as
required by subsection (b), whichever is later. Subsection (c) shall
take effect on the date of enactment of this Act.
SEC. 545. FREE ATTENDANCE AT A CONSTITUENT EVENT.
(a) In General.--Paragraph 1(c) of rule XXXV of the Standing Rules
of the Senate is amended by adding at the end the following:
``(24) Subject to the restrictions in subparagraph
(a)(2)(A), free attendance at a constituent event permitted
pursuant to subparagraph (g).''.
(b) In General.--Paragraph 1 of rule XXXV of the Standing Rules of
the Senate is amended by adding at the end the following:
``(g)(1) A Member, officer, or employee may accept an offer of free
attendance in the Member's home State at a conference, symposium,
forum, panel discussion, dinner event, site visit, viewing, reception,
or similar event, provided by a sponsor of the event, if--
``(A) the cost of meals provided the Member, officer, or
employee is less than $50;
``(B)(i) the event is sponsored by constituents of, or a
group that consists primarily of constituents of, the Member
(or the Member by whom the officer or employee is employed);
and
``(ii) the event will be attended primarily by a group of
at least 5 constituents of the Member (or the Member by whom
the officer or employee is employed) provided that a registered
lobbyist shall not attend the event; and
``(C)(i) the Member, officer, or employee participates in
the event as a speaker or a panel participant, by presenting
information related to Congress or matters before Congress, or
by performing a ceremonial function appropriate to the
Member's, officer's, or employee's official position; or
``(ii) attendance at the event is appropriate to the
performance of the official duties or representative function
of the Member, officer, or employee.
``(2) A Member, officer, or employee who attends an event described
in clause (1) may accept a sponsor's unsolicited offer of free
attendance at the event for an accompanying individual if others in
attendance will generally be similarly accompanied or if such
attendance is appropriate to assist in the representation of the
Senate.
``(3) For purposes of this subparagraph, the term `free attendance'
has the same meaning given such term in subparagraph (d).''.
SEC. 546. SENATE PRIVATELY PAID TRAVEL PUBLIC WEBSITE.
(a) Travel Disclosure.--Not later than January 1, 2008, the
Secretary of the Senate shall establish a publicly available website
without fee or without access charge, that contains information on
travel that is subject to disclosure under paragraph 2 of rule XXXV of
the Standing Rules of the Senate, that includes, with respect to travel
occurring on or after January 1, 2008--
(1) a search engine;
(2) uniform categorization by Member, dates of travel, and
any other common categories associated with congressional
travel; and
(3) forms filed in the Senate relating to officially
related travel.
(b) Retention.--The Secretary of the Senate shall maintain the
information posted on the public Internet site of the Office of the
Secretary under this section for a period not longer than 4 years after
receiving the information.
(c) Extension of Authority.--If the Secretary of the Senate is
unable to meet the deadline established under subsection (a), the
Committee on Rules and Administration of the Senate may grant an
extension of the Secretary of the Senate.
(e) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.
Subtitle E--Other Reforms
SEC. 551. COMPLIANCE WITH LOBBYING DISCLOSURE.
Rule XXXVII of the Standing Rules of the Senate is amended by--
(1) redesignating paragraphs 10 through 13 as paragraphs 11
through 14, respectively; and
(2) inserting after paragraph 9, the following:
``10. Paragraphs 8 and 9 shall not apply to contacts with the staff
of the Secretary of the Senate regarding compliance with the lobbying
disclosure requirements of the Lobbying Disclosure Act of 1995.''.
SEC. 552. PROHIBIT OFFICIAL CONTACT WITH SPOUSE OR IMMEDIATE FAMILY
MEMBER OF MEMBER WHO IS A REGISTERED LOBBYIST.
Rule XXXVII of the Standing Rules of the Senate is amended by--
(1) redesignating paragraphs 11 through 14 as paragraphs 12
through 15, respectively; and
(2) inserting after paragraph 10, the following:
``11. (a) If a Member's spouse or immediate family member is a
registered lobbyist, or is employed or retained by such a registered
lobbyist or an entity that hires or retains a registered lobbyist for
the purpose of influencing legislation, the Member shall prohibit all
staff employed or supervised by that Member (including staff in
personal, committee, and leadership offices) from having any contact
with the Member's spouse or immediate family member that constitutes a
lobbying contact as defined by section 3 of the Lobbying Disclosure Act
of 1995 by such person.
``(b) Members and employees on the staff of a Member (including
staff in personal, committee, and leadership offices) shall be
prohibited from having any contact that constitutes a lobbying contact
as defined by section 3 of the Lobbying Disclosure Act of 1995 by any
spouse of a Member who is a registered lobbyist, or is employed or
retained by such a registered lobbyist.
``(c) The prohibition in subparagraph (b) shall not apply to the
spouse of a Member who was serving as a registered lobbyist at least 1
year prior to the most recent election of that Member to office or at
least 1 year prior to his or her marriage to that Member.''.
SEC. 553. MANDATORY SENATE ETHICS TRAINING FOR MEMBERS AND STAFF.
(a) Training Program.--The Select Committee on Ethics shall conduct
ongoing ethics training and awareness programs for Members of the
Senate and Senate staff.
(b) Requirements.--The ethics training program conducted by the
Select Committee on Ethics shall be completed by--
(1) new Senators or staff not later than 60 days after
commencing service or employment; and
(2) Senators and Senate staff serving or employed on the
date of enactment of this Act not later than 165 days after the
date of enactment of this Act.
SEC. 554. ANNUAL REPORT BY SELECT COMMITTEE ON ETHICS.
The Select Committee on Ethics of the Senate shall issue an annual
report due no later than January 31, describing the following:
(1) The number of alleged violations of Senate rules
received from any source, including the number raised by a
Senator or staff of the committee.
(2) A list of the number of alleged violations that were
dismissed--
(A) for lack of subject matter jurisdiction or, in
which, even if the allegations in the complaint are
true, no violation of Senate rules would exist; or
(B) because they failed to provide sufficient facts
as to any material violation of the Senate rules beyond
mere allegation or assertion.
(3) The number of alleged violations in which the committee
staff conducted a preliminary inquiry.
(4) The number of alleged violations that resulted in an
adjudicatory review.
(5) The number of alleged violations that the committee
dismissed for lack of substantial merit.
(6) The number of private letters of admonition or public
letters of admonition issued.
(7) The number of matters resulting in a disciplinary
sanction.
(8) Any other information deemed by the committee to be
appropriate to describe its activities in the preceding year.
SEC. 555. EXERCISE OF RULEMAKING POWERS.
The Senate adopts the provisions of this title--
(1) as an exercise of the rulemaking power of the Senate;
and
(2) with full recognition of the constitutional right of
the Senate to change those rules at any time, in the same
manner, and to the same extent as in the case of any other rule
of the Senate.
SEC. 555. EFFECTIVE DATE AND GENERAL PROVISIONS.
Except as otherwise provided in this title, this title shall take
effect on the date of enactment of this title.
TITLE VI--PROHIBITED USE OF PRIVATE AIRCRAFT
SEC. 601. RESTRICTIONS ON USE OF CAMPAIGN FUNDS FOR FLIGHTS ON
NONCOMMERCIAL AIRCRAFT.
(a) Restrictions.--Section 313 of the Federal Election Campaign Act
of 1971 (2 U.S.C. 439a) is amended by adding at the end the following
new subsection:
``(c) Restrictions on Use of Campaign Funds for Flights on
Noncommercial Aircraft.--
``(1) In general.--Notwithstanding any other provision of
this Act, a candidate for election for Federal office (other
than a candidate who is subject to paragraph (2)), or any
authorized committee of such a candidate, may not make any
expenditure for a flight on an aircraft unless--
``(A) the aircraft is operated by an air carrier or
commercial operator certificated by the Federal
Aviation Administration and the flight is required to
be conducted under air carrier safety rules, or, in the
case of travel which is abroad, by an air carrier or
commercial operator certificated by an appropriate
foreign civil aviation authority and the flight is
required to be conducted under air carrier safety
rules; or
``(B) the candidate, the authorized committee, or
other political committee pays to the owner, lessee, or
other person who provides the airplane the pro rata
share of the fair market value of such flight (as
determined by dividing the fair market value of the
normal and usual charter fare or rental charge for a
comparable plane of comparable size by the number of
candidates on the flight) within a commercially
reasonable time frame after the date on which the
flight is taken.
``(2) House candidates.--Notwithstanding any other
provision of this Act, in the case of a candidate for election
for the office of Representative in, or Delegate or Resident
Commissioner to, the Congress, an authorized committee and a
leadership PAC of the candidate may not make any expenditure
for a flight on an aircraft unless--
``(A) the aircraft is operated by an air carrier or
commercial operator certificated by the Federal
Aviation Administration and the flight is required to
be conducted under air carrier safety rules, or, in the
case of travel which is abroad, by an air carrier or
commercial operator certificated by an appropriate
foreign civil aviation authority and the flight is
required to be conducted under air carrier safety
rules; or
``(B) the aircraft is operated by an entity of the
Federal government or the government of any State.
``(3) Exception for aircraft owned or leased by
candidate.--
``(A) In general.--Paragraphs (1) and (2) do not
apply to a flight on an aircraft owned or leased by the
candidate involved or an immediate family member of the
candidate (including an aircraft owned by an entity
that is not a public corporation in which the candidate
or an immediate family member of the candidate has an
ownership interest), so long as the candidate does not
use the aircraft more than the candidate's or immediate
family member's proportionate share of ownership
allows.
``(B) Immediate family member defined.--In this
subparagraph (A), the term `immediate family member'
means, with respect to a candidate, a father, mother,
son, daughter, brother, sister, husband, wife, father-
in-law, or mother-in-law.
``(4) Leadership pac defined.--In this subsection, the term
`leadership PAC' has the meaning given such term in section
304(i)(8)(B).''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to flights taken on or after the date of the
enactment of this Act.
TITLE VII--MISCELLANEOUS PROVISIONS
SEC. 701. SENSE OF THE CONGRESS THAT ANY APPLICABLE RESTRICTIONS ON
CONGRESSIONAL OFFICIALS AND EMPLOYEES SHOULD APPLY TO THE
EXECUTIVE AND JUDICIAL BRANCHES.
It is the sense of the Congress that any applicable restrictions on
congressional officials and employees in this Act should apply to the
executive and judicial branches.
SEC. 702. KNOWING AND WILLFUL FALSIFICATION OR FAILURE TO REPORT.
Section 104(a) of the Ethics in Government Act of 1978 (5 U.S.C.
App.) is amended--
(1) by inserting ``(1)'' after ``(a)'';
(2) in paragraph (1), as so designated, by striking
``$10,000'' and inserting ``$50,000''; and
(3) by adding at the end the following:
``(2)(A) It shall be unlawful for any person to knowingly and
willfully--
``(i) falsify any information that such person is required
to report under section 102; and
``(ii) fail to file or report any information that such
person is required to report under section 102.
``(B) Any person who--
``(i) violates subparagraph (A)(i) shall be fined under
title 18, United States Code, imprisoned for not more than 1
year, or both; and
``(ii) violates subparagraph (A)(ii) shall be fined under
title 18, United States Code.''.
SEC. 703. 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.
Attest:
Clerk.
110th CONGRESS
1st Session
S. 1
_______________________________________________________________________
AMENDMENT