[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 1 Engrossed in Senate (ES)]
110th CONGRESS
1st Session
S. 1
_______________________________________________________________________
AN ACT
To provide greater transparency in the legislative process.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Table of contents.
TITLE I--LEGISLATIVE TRANSPARENCY AND ACCOUNTABILITY ACT OF 2007
Sec. 101. Short title.
Sec. 102. Out of scope matters in conference reports.
Sec. 103. Congressional earmark reform.
Sec. 104. Availability of conference reports on the Internet.
Sec. 105. Sense of the Senate on conference committee protocols.
Sec. 106. Elimination of floor privileges for former Members, Senate
Officers, and Speakers of the House who are
lobbyists or seek financial gain.
Sec. 107. Proper valuation of tickets to entertainment and sporting
events.
Sec. 108. Ban on gifts from lobbyists and entities that hire lobbyists.
Sec. 108A. National party conventions.
Sec. 109. Restrictions on lobbyist participation in travel and
disclosure.
Sec. 110. Restrictions on former officers, employees, and elected
officials of the executive and legislative
branch.
Sec. 111. Post employment restrictions.
Sec. 112. Disclosure by Members of Congress and staff of employment
negotiations.
Sec. 113. Prohibit official contact with spouse or immediate family
member of Member who is a registered
lobbyist.
Sec. 114. Influencing hiring decisions.
Sec. 115. Sense of the Senate that any applicable restrictions on
Congressional branch employees should apply
to the Executive and Judicial branches.
Sec. 116. Amounts of COLA adjustments not paid to certain Members of
Congress.
Sec. 117. Requirement of notice of intent to proceed.
Sec. 118. CBO scoring requirement.
Sec. 119. Effective date.
TITLE II--LOBBYING TRANSPARENCY AND ACCOUNTABILITY ACT OF 2007
Sec. 201. Short title.
Subtitle A--Enhancing Lobbying Disclosure
Sec. 211. Quarterly filing of lobbying disclosure reports.
Sec. 212. Quarterly reports on other contributions.
Sec. 213. Additional disclosure.
Sec. 214. Public database of lobbying disclosure information.
Sec. 215. Disclosure by registered lobbyists of all past executive and
Congressional employment.
Sec. 216. Increased penalty for failure to comply with lobbying
disclosure requirements.
Sec. 217. Disclosure of lobbying activities by certain coalitions and
associations.
Sec. 218. Disclosure of enforcement for noncompliance.
Sec. 219. Electronic filing of lobbying disclosure reports.
Sec. 220. Electronic filing and public database for lobbyists for
foreign governments.
Sec. 221. Additional lobbying disclosure requirements.
Sec. 222. Increased criminal penalties for failure to comply with
lobbying disclosure requirements.
Sec. 223. Effective date.
Subtitle B--Oversight of Ethics and Lobbying
Sec. 231. Comptroller General audit and annual report.
Sec. 232. Mandatory Senate ethics training for Members and staff.
Sec. 233. Sense of the Senate regarding self-regulation within the
Lobbying community.
Sec. 234. Annual ethics committees reports.
Subtitle C--Slowing the Revolving Door
Sec. 241. Amendments to restrictions on former officers, employees, and
elected officials of the executive and
legislative branches.
Subtitle D--Ban on Provision of Gifts or Travel by Lobbyists in
Violation of the Rules of Congress
Sec. 251. Prohibition on provision of gifts or travel by registered
lobbyists to Members of Congress and to
Congressional employees.
Subtitle E--Commission to Strengthen Confidence in Congress Act of 2007
Sec. 261. Short title.
Sec. 262. Establishment of commission.
Sec. 263. Purposes.
Sec. 264. Composition of commission.
Sec. 265. Functions of commission.
Sec. 266. Powers of commission.
Sec. 267. Administration.
Sec. 268. Security clearances for commission Members and staff.
Sec. 269. Commission reports; termination.
Sec. 270. Funding.
TITLE III--CONGRESSIONAL PENSION ACCOUNTABILITY
Sec. 301. Short title.
Sec. 302. Denial of retirement benefits.
Sec. 303. Constitutional authority.
Sec. 304. Effective date.
TITLE IV--GENERAL PROVISIONS
Sec. 401. Knowing and willful falsification or failure to report.
Sec. 402. Public availability of Senate committee and subcommittee
meeetings.
Sec. 403. Free attendance at a bona fide constituent event.
Sec. 404. Prohibition on financial gain from earmarks by Members,
immediate family of Members, staff of
Members, or immediate family of staff of
Members.
Sec. 405. Amendments and motions to recommit.
Sec. 406. Congressional travel public website.
TITLE I--LEGISLATIVE TRANSPARENCY AND ACCOUNTABILITY ACT OF 2007
SEC. 101. SHORT TITLE.
This title may be cited as the ``Legislative Transparency and
Accountability Act of 2007''.
SEC. 102. OUT OF SCOPE MATTERS IN CONFERENCE REPORTS.
(a) In General.--A point of order may be made by any Senator
against any item contained in a conference report that includes or
consists of any matter not committed to the conferees by either House.
(1) For the purpose of this section ``matter not committed
to the conferees by either House'' shall include any item which
consists of a specific provision containing a specific level of
funding for any specific account, specific program, specific
project, or specific activity, when no such 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.
(2) For the purpose of Rule XXVIII of the Standing Rules of
the Senate ``matter not committed'' shall include any item
which consists of a specific provision containing a specific
level of funding for any specific account, specific program,
specific project, or specific activity, when no such 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.
The point of order may be made and disposed of separately for each item
in violation of this section.
(b) Disposition.--If the point of order raised against an item in a
conference report under subsection (a) is sustained, then--
(1) the matter in such conference report shall be stricken;
(2) when all other points of order under this section have
been disposed of--
(A) 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 (any modification of total amounts
appropriated necessary to reflect the deletion of the
matter struck from the conference report shall be
made);
(B) the question shall be debatable; and
(C) no further amendment shall be in order.
(c) Supermajority Waiver and Appeal.--This section may be waived or
suspended in the Senate only by an affirmative vote of \3/5\ of the
Members, duly chosen and sworn. An affirmative vote of \3/5\ 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 on a point of
order raised under this section.
SEC. 103. CONGRESSIONAL EARMARK REFORM.
The Standing Rules of the Senate are amended by adding at the end
the following:
RULE XLIV
earmarks
``1. It shall not be in order to consider--
``(a) a bill or joint resolution reported by a committee
unless the report includes a list, which shall be made
available on the Internet in a searchable format to the general
public for at least 48 hours before consideration of the bill
or joint resolution, of congressional earmarks, limited tax
benefits, and limited tariff benefits in the bill or in the
report (and the name of any Member who submitted a request to
the committee for each respective item included in such list)
or a statement that the proposition contains no congressional
earmarks, limited tax benefits, or limited tariff benefits;
``(b) a bill or joint resolution not reported by a
committee unless the chairman of each committee of jurisdiction
has caused a list, which shall be made available on the
Internet in a searchable format to the general public for at
least 48 hours before consideration of the bill or joint
resolution, of congressional earmarks, limited tax benefits,
and limited tariff benefits in the bill (and the name of any
Member who submitted a request to the committee for each
respective item included in such list) or a statement that the
proposition contains no congressional earmarks, limited tax
benefits, or limited tariff benefits to be printed in the
Congressional Record prior to its consideration; or
``(c) a conference report to accompany a bill or joint
resolution unless the joint explanatory statement prepared by
the managers on the part of the House and the managers on the
part of the Senate includes a list, which shall be made
available on the Internet in a searchable format to the general
public for at least 48 hours before consideration of the
conference report, of congressional earmarks, limited tax
benefits, and limited tariff benefits in the conference report
or joint statement (and the name of any Member, Delegate,
Resident Commissioner, or Senator who submitted a request to
the House or Senate committees of jurisdiction for each
respective item included in such list) or a statement that the
proposition contains no congressional earmarks, limited tax
benefits, or limited tariff benefits.
``2. For the purpose of this rule--
``(a) the term `congressional earmark' means a provision or
report language included primarily at the request of a Member,
Delegate, Resident Commissioner, or 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; or
``(2) any Federal tax provision which provides one
beneficiary temporary or permanent transition relief
from a change to the Internal Revenue Code of 1986; and
``(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.
``3. A Member may not condition the inclusion of language to
provide funding for a congressional earmark, a limited tax benefit, or
a limited tariff benefit in any bill or joint resolution (or an
accompanying report) or in any conference report on a bill or joint
resolution (including an accompanying joint explanatory statement of
managers) on any vote cast by another Member, Delegate, or Resident
Commissioner.
``4. (a) A Member who requests a congressional earmark, a limited
tax benefit, or a limited tariff benefit in any bill or joint
resolution (or an accompanying report) or in any conference report on a
bill or joint resolution (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 Member;
``(2) in the case of a congressional earmark, the name and
address 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 Member;
``(4) the purpose of such congressional earmark or limited
tax or tariff benefit; and
``(5) a certification that the Member or spouse has no
financial interest in such congressional earmark or limited tax
or tariff benefit.
``(b) Each committee shall maintain the written statements
transmitted under subparagraph (a). The written statements transmitted
under subparagraph (a) for any congressional earmarks, limited tax
benefits, or limited tariff benefits included in any measure reported
by the committee or conference report filed by the chairman of the
committee or any subcommittee thereof shall be published in a
searchable format on the committee's or subcommittee's website not
later than 48 hours after receipt on such information.
``5. It shall not be in order to consider any bill, resolution, or
conference report that contains an earmark included in any classified
portion of a report accompanying the measure unless the bill,
resolution, or conference report includes to the greatest extent
practicable, consistent with the need to protect national security
(including intelligence sources and methods), in unclassified language,
a general program description, funding level, and the name of the
sponsor of that earmark.''.
SEC. 104. AVAILABILITY OF CONFERENCE REPORTS ON THE INTERNET.
(a) In General.--
(1) Amendment.--Rule XXVIII of all the Standing Rules of
the Senate is amended by adding at the end the following:
``7. (a) It shall not be in order to consider a conference report
unless such report is available to all Members and made available to
the general public by means of the Internet for at least 48 hours
before its consideration.
``(b) This paragraph may be waived or suspended in the Senate only
by an affirmative vote of \3/5\ of the Members, duly chosen and sworn.
An affirmative vote of \3/5\ 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 on a point of order raised under this paragraph.
``8. It shall not be in order to consider a conference report
unless the text of such report has not been changed after the Senate
signatures sheets have been signed by a majority of the Senate
conferees.''.
(2) Effective date.--This subsection shall take effect 60
days after the date of enactment of this title.
(b) Implementation.--Not later than 60 days after the date of
enactment of this title, the Secretary of the Senate, in consultation
with the Clerk of the House of Representatives, the Government Printing
Office, and the Committee on Rules and Administration, shall develop a
website capable of complying with the requirements of paragraph 7 of
rule XXVIII of the Standing Rules of the Senate, as added by subsection
(a).
SEC. 105. SENSE OF THE SENATE ON CONFERENCE COMMITTEE PROTOCOLS.
It is the sense of 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; and
(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.
SEC. 106. ELIMINATION OF FLOOR PRIVILEGES FOR FORMER MEMBERS, SENATE
OFFICERS, AND SPEAKERS OF THE HOUSE WHO ARE 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) is 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
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 or House gym or exercise facilities or member-only parking
spaces if such Member 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
legislative proposal.''.
SEC. 107. 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 adding at the end the following: ``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 most similar ticket sold by the issuer to the public. A
determination of similarity shall consider all features of the ticket,
including access to parking, availability of food and refreshments, and
access to venue areas not open to the public. A ticket with no face
value and for which no similar ticket is sold by the issuer to the
public, shall be valued at the cost of a ticket with the highest face
value for the event.''.
SEC. 108. BAN ON GIFTS FROM LOBBYISTS AND ENTITIES THAT HIRE 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 subparagraph
(c).''.
SEC. 108A. 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. A Member may not participate in an event honoring that Member
at a national party convention if such event is paid for by any person
or entity required to register pursuant to section 4(a) of the Lobbying
Disclosure Act of 1995, or any individual or entity identified as a
lobbyist or a client in any current registration or report filed under
such Act.''.
SEC. 109. RESTRICTIONS ON LOBBYIST PARTICIPATION IN TRAVEL AND
DISCLOSURE.
(a) Prohibition.--Paragraph 2 of rule XXXV 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) 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 one or more
registered lobbyists or agents of a foreign principal for necessary
transportation, lodging, and related expenses for travel to a meeting,
speaking engagement, factfinding trip or similar event in connection
with the duties of the Member, officer, or employee shall be deemed to
be a reimbursement to the Senate under clause (1) if it is, under
regulations prescribed by the Select Committee on Ethics to implement
this clause, provided only for attendance at or participation for 1-day
at an event (exclusive of travel time and an overnight stay) described
in clause (1) or sponsored by a 501(c)(3) organization that has been
pre-approved by the Select Committee on Ethics. When deciding whether
to pre-approve a 501(c)(3) organization, the Select Committee on Ethics
shall consider the stated mission of the organization, the
organization's prior history of sponsoring congressional trips, other
educational activities performed by the organization besides sponsoring
congressional trips, whether any trips previously sponsored by the
organization led to an investigation by the Select Committee on Ethics
and any other factor deemed relevant by the Select Committee on Ethics.
Regulations to implement this clause, and the committee on a case-by-
case basis, may permit a 2-night stay when determined by the committee
to be practically required to participate in the event.'';
(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 authorization from the Member or officer under whose
direct supervision the employee works to accept
reimbursement.'';
(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 and
authorization (for an employee) 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) 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 planned,
organized, or arranged by or at the request of a registered lobbyist or
agent of a foreign principal, or on which a lobbyist accompanies the
Member, officer, or employee on any segment of the trip. The Select
Committee on Ethics shall issue regulations identifying de minimis
activities by 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 person--
``(1) provide to the Select Committee on Ethics a written
certification from such person 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 specified in rules prescribed by
the Select Committee on Ethics to implement
subparagraph (a)(2);
``(C) the source will not accept from any source
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 that the
traveler will not be accompanied on any segment of the
trip by a registered lobbyist or agent of a foreign
principal, except as permitted by regulations issued
under subparagraph (d), and specifically details the
extent of any involvement of a registered lobbyist or
agent of a foreign principal; and
``(2) after the Select Committee on Ethics has promulgated
regulations mandated in subparagraph (h), obtain the prior
approval of the committee for such reimbursement.'';
(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.''; and
(9) by adding at the end the following:
``(h)(1) Not later than 45 days after the date of adoption of this
subparagraph and at annual intervals thereafter, the Select Committee
on Ethics shall develop and revise, as necessary--
``(A) guidelines on judging the reasonableness of an
expense or expenditure for purposes of this clause, including
the factors that tend to establish--
``(i) a connection between a trip and official
duties;
``(ii) the reasonableness of an amount spent by a
sponsor;
``(iii) a relationship between an event and an
officially connected purpose; and
``(iv) a direct and immediate relationship between
a source of funding and an event; and
``(B) regulations describing the information it will
require individuals subject to this clause to submit to the
committee in order to obtain the prior approval of the
committee for any travel covered by this clause, including any
required certifications.
``(2) In developing and revising guidelines under clause (1)(A),
the committee shall take into account the maximum per diem rates for
official Government travel published annually by the General Services
Administration, the Department of State, and the Department of Defense.
``(3) For purposes of this subparagraph, travel on an aircraft
operated or paid for by a carrier not licenced by the Federal Aviation
Administration to operate for compensation shall not be considered a
reasonable expense.
``(i) A Member, officer, or employee who travels on an aircraft
operated or paid for by a carrier not licenced by the Federal Aviation
Administration shall file a report with the Secretary of the Senate not
later than 60 days after the date on which such flight is taken. The
report shall include--
``(1) the date of such flight;
``(2) the destination of such flight;
``(3) the owner or lessee of the aircraft;
``(4) the purpose of such travel;
``(5) the persons on such flight (except for any person
flying the aircraft); and
``(6) the charter rate paid for such flight.''.
(b) 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: ``Fair market value for a flight on an aircraft
operated or paid for by a carrier not licensed by the Federal
Aviation Administration to operate for compensation or hire,
excluding an aircraft owned or leased by a governmental entity
or by a Member of Congress or a Member's spouse (including an
aircraft owned by an entity that is not a public corporation in
which the Member or Member's spouse has an ownership interest,
provided that the Member does not use the aircraft anymore than
the Member's or spouse's proportionate share of ownership
allows), 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
the Congress on the flight).''.
(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 operated or paid for by a carrier not
licensed by the Federal Aviation Administration to operate for
compensation or hire, 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 the Congress
on the flight).''.
(3) Candidates.--Subparagraph (B) of section 301(8) of the
Federal Election Campaign Act of 1971 (42 U.S.C. 431(8)(B)) is
amended by--
(A) in clause (xiii), striking ``and'' at the end;
(B) in clause (xiv), striking the period and
inserting ``; and''; and
(C) by adding at the end the following :
``(xv) any travel expense for a flight on an
aircraft that is operated or paid for by a carrier not
licensed by the Federal Aviation Administration to
operate for compensation or hire, but only if the
candidate, the candidate's authorized committee, or
other political committee pays--
``(I) 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 appropriate
size by the number of candidates on the flight)
by not later than 7 days after the date on
which the flight is taken; and
``(II) files a report with the Secretary of
the Senate not later than 60 days after the
date on which such flight is taken, such report
shall include--
``(aa) the date of such flight;
``(bb) the destination of such
flight;
``(cc) the owner or lessee of the
aircraft;
``(dd) the purpose of such travel;
``(ee) the persons on such flight
(except for any person flying the
aircraft); and
``(ff) the charter rate paid for
such flight.''.
(4) Rules committee review of travel allowances.--Not later
than 90 days after the enactment of this Act, the Senate
Committee on Appropriations, Subcommittee on the Legislative
Branch, 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 revised standards for reimbursement for
private air travel required by this subsection, and any
modifications of Federal statutes or appropriations measures
needed to accomplish such adjustments.
(c) Effective Date.--The amendments made by this section shall take
effect 60 days after the date of enactment of this Act.
SEC. 110. 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, by--
(1) striking ``The restrictions'' and inserting the
following:
``(A) In general.--The restrictions''; and
(2) adding at the end the following:
``(B) Indian tribes.--The restrictions contained in
this section shall not apply to acts done pursuant to
section 104 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450i).''.
(b) Conforming Amendment.--Section 104(j) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450i(j)) is
amended by striking ``and former officers and employees of the United
States employed by Indian tribes may act as agents or attorneys for
or'' and inserting ``or former officers and employees of the United
States who are carrying out official duties as employees or as elected
or appointed officials of an Indian tribe may communicate with and''.
SEC. 111. POST EMPLOYMENT RESTRICTIONS.
(a) In General.--Paragraph 9 of rule XXXVII of the Standing Rules
of the Senate is amended by--
(1) designating the first sentence as subparagraph (a);
(2) designating the second sentence as subparagraph (b);
and
(3) adding at the end the following:
``(c) If 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 under the Lobbying Disclosure Act of 1995, or is
employed or retained by such 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.''.
(b) Effective Date.--This section shall take effect 60 days after
the date of enactment of this title.
SEC. 112. DISCLOSURE BY MEMBERS OF CONGRESS AND STAFF OF EMPLOYMENT
NEGOTIATIONS.
Rule XXXVII of the Standing Rules of the Senate is amended by
adding at the end the following:
``14. (a) A Member shall not directly negotiate or have any
arrangement concerning prospective private employment until after his
or her successor has been elected, unless such Member files a statement
with the Secretary of the Senate, for public disclosure, regarding such
negotiations or arrangements within 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, the date such negotiations or arrangements commenced, and
must be signed by the Member.
``(b) A Member shall not directly negotiate or have any arrangement
concerning prospective employment until after his or her successor has
been elected for a job involving lobbying activities as defined by the
Lobbying Disclosure Act of 1995.
``(c) (1) An employee of the Senate earning in excess of 75 percent
of the salary paid to a Senator shall notify the Committee on Ethics
that he or she is negotiating or has any arrangement concerning
prospective private employment.
``(2) The disclosure and notification under this subparagraph shall
be made within 3 business days after the commencement of such
negotiation or arrangement.
``(3) An employee to whom this subparagraph 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 employee under this
rule and notify the Select Committee on Ethics of such recusal.''.
SEC. 113. 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 10 through 12 as paragraphs 11
through 13, respectively; and
(2) inserting after paragraph 9, the following:
``10. (a) If a Member's spouse or immediate family member is a
registered lobbyist under the Lobbying Disclosure Act of 1995, or is
employed or retained by such a registered lobbyist for the purpose of
influencing legislation, the Member shall prohibit all staff employed
by that Member (including staff in personal, committee, and leadership
offices) from having any official contact with the Member's spouse or
immediate family member.
``(b) Members and employees on the staff of a Member (including
staff in personal, committee, and leadership offices) shall be
prohibited from having any official contact with any spouse of a Member
who is a registered lobbyist under the Lobbying Disclosure Act of 1995,
or is employed or retained by such a registered lobbyist.
``(c) The prohibition in subparagraph (a) shall not apply to the
spouse of a Member who was serving as a registered lobbyist at least 1
year prior to the election of that Member to office or at least 1 year
prior to their marriage to that Member.
``(d) In this paragraph, the term `immediate family member' means
the son, daughter, stepson, stepdaughter, son-in-law, daughter-in-law,
mother, father, stepmother, stepfather, mother-in-law, father-in-law,
brother, sister, stepbrother, or stepsister of the Member.''.
SEC. 114. INFLUENCING HIRING DECISIONS.
Rule XLIII of the Standing Rules of the Senate is amended by adding
at the end the following:
``6. No Member shall, with the intent to influence on the basis of
partisan political affiliation an employment decision or employment
practice of any private entity--
``(1) take or withhold, or offer or threaten to take or
withhold, an official act; or
``(2) influence, or offer or threaten to influence the
official act of another.''.
SEC. 115. SENSE OF THE SENATE THAT ANY APPLICABLE RESTRICTIONS ON
CONGRESSIONAL BRANCH EMPLOYEES SHOULD APPLY TO THE
EXECUTIVE AND JUDICIAL BRANCHES.
It is the sense of the Senate that any applicable restrictions on
Congressional branch employees in this title should apply to the
Executive and Judicial branches.
SEC. 116. AMOUNTS OF COLA ADJUSTMENTS NOT PAID TO CERTAIN MEMBERS OF
CONGRESS.
(a) In General.--Any adjustment under section 601(a) of the
Legislative Reorganization Act of 1946 (2 U.S.C. 31) (relating to the
cost-of-living adjustments for Members of Congress) shall not be paid
to any Member of Congress who voted for any amendment (or against the
tabling of any amendment) that provided that such adjustment would not
be made.
(b) Deposit in Treasury.--Any amount not paid to a Member of
Congress under subsection (a) shall be transmitted to the Treasury for
deposit in the appropriations account under the subheading ``medical
services'' under the heading ``veterans health administration''.
(c) Administration.--The salary of any Member of Congress to whom
subsection (a) applies shall be deemed to be the salary in effect after
the application of that subsection, except that for purposes of
determining any benefit (including any retirement or insurance
benefit), the salary of that Member of Congress shall be deemed to be
the salary that Member of Congress would have received, but for that
subsection.
(d) Effective Date.--This section shall take effect on the first
day of the first applicable pay period beginning on or after February
1, 2008.
SEC. 117. REQUIREMENT OF NOTICE OF INTENT TO PROCEED.
(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) submits the notice of intent in writing to the
appropriate leader or their designee; and
(2) within 3 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 proceeding to __, dated __.''.
(b) Calendar.--The Secretary of the Senate shall establish, for
both the Senate Calendar of Business and the Senate Executive Calendar,
a separate section entitled ``Notices of Intent to Object to
Proceeding''. Each section shall include the name of each Senator
filing a notice under subsection (a)(2), the measure or matter covered
by the calendar that the Senator objects to, and the date the objection
was filed.
(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 proceeding to __, dated __.''.
SEC. 118. CBO SCORING REQUIREMENT.
(a) In General.--It shall not be in order in the Senate to consider
a report of a committee of conference unless an official written cost
estimate or table by the Congressional Budget Office is available at
the time of consideration.
(b) Supermajority Requirement.--This section may be waived or
suspended in the Senate only by an affirmative vote of \3/5\ of the
Members, duly chosen and sworn. An affirmative vote of \3/5\ 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 on a point of
order raised under this section.
SEC. 119. EFFECTIVE DATE.
Except as otherwise provided in this title, this title shall take
effect on the date of enactment of this title.
TITLE II--LOBBYING TRANSPARENCY AND ACCOUNTABILITY ACT OF 2007
SEC. 201. SHORT TITLE.
This title may be cited as the ``Legislative Transparency and
Accountability Act of 2007''.
Subtitle A--Enhancing Lobbying Disclosure
SEC. 211. QUARTERLY FILING OF LOBBYING DISCLOSURE REPORTS.
(a) Quarterly Filing Required.--Section 5 of the Lobbying
Disclosure Act of 1995 (in this title referred to as the ``Act'') (2
U.S.C. 1604) is amended--
(1) in subsection (a)--
(A) in the subsection heading, by striking
``Semiannual'' and inserting ``Quarterly''; and
(B) by striking the first sentence and inserting
the following: ``Not later than 20 days after the end
of the quarterly period beginning on the 1st day of
January, April, July, and October of each year, or on
the first business day after the 20th day if that day
is not a business day, in which a registrant is
registered with the Secretary of the Senate and the
Clerk of the House of Representatives, a registrant
shall file a report or reports, as applicable, on its
lobbying activities during such quarterly period.'';
and
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by
striking ``semiannual report'' and inserting
``quarterly report'';
(B) in paragraph (2), by striking ``semiannual
filing period'' and inserting ``quarterly period'';
(C) in paragraph (3), by striking ``semiannual
period'' and inserting ``quarterly period''; and
(D) in paragraph (4), by striking ``semiannual
filing period'' and inserting ``quarterly period''.
(b) Conforming Amendments.--
(1) Definition.--Section 3(10) of the Act (2 U.S.C. 1602)
is amended by striking ``six month period'' and inserting
``three-month period''.
(2) Registration.--Section 4 of the Act (2 U.S.C. 1603) is
amended--
(A) in subsection (a)(3)(A), by striking
``semiannual period'' and inserting ``quarterly
period''; and
(B) in subsection (b)(3)(A), by striking
``semiannual period'' and inserting ``quarterly
period''.
(3) Enforcement.--Section 6(a)(6) of the Act (2 U.S.C.
1605(6)) is amended by striking ``semiannual period'' and
inserting ``quarterly period''.
(4) Estimates.--Section 15 of the Act (2 U.S.C. 1610) is
amended--
(A) in subsection (a)(1), by striking ``semiannual
period'' and inserting ``quarterly period''; and
(B) in subsection (b)(1), by striking ``semiannual
period'' and inserting ``quarterly period''.
(5) Dollar amounts.--
(A) Registration.--Section 4 of the Act (2 U.S.C.
1603) is amended--
(i) in subsection (a)(3)(A)(i), by striking
``$5,000'' and inserting ``$2,500'';
(ii) in subsection (a)(3)(A)(ii), by
striking ``$20,000'' and inserting ``$10,000'';
(iii) in subsection (b)(3)(A), by striking
``$10,000'' and inserting ``$5,000''; and
(iv) in subsection (b)(4), by striking
``$10,000'' and inserting ``$5,000''.
(B) Reports.--Section 5 of the Act (2 U.S.C. 1604)
is amended--
(i) in subsection (c)(1), by striking
``$10,000'' and ``$20,000'' and inserting
``$5,000'' and ``$10,000'', respectively; and
(ii) in subsection (c)(2), by striking
``$10,000'' both places such term appears and
inserting ``$5,000''.
SEC. 212. QUARTERLY REPORTS ON OTHER CONTRIBUTIONS.
Section 5 of the Act (2 U.S.C. 1604) is amended by adding at the
end the following:
``(d) Quarterly Reports on Other Contributions.--
``(1) In general.--Not later than 45 days after the end of
the quarterly period beginning on the 20th day of January,
April, July, and October of each year, or on the first business
day after the 20th if that day is not a business day, each
registrant under paragraphs (1) or (2) of section 4(a), and
each employee who is listed as a lobbyist on a current
registration or report filed under this Act, shall file a
report with the Secretary of the Senate and the Clerk of the
House of Representatives containing--
``(A) the name of the registrant or lobbyist;
``(B) the employer of the lobbyist or the names of
all political committees established or administered by
the registrant;
``(C) 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 lobbyist, the
registrant, or a political committee established or
administered by the registrant within the calendar
year, and the date and amount of each contribution made
within the quarter;
``(D) the name of each Federal candidate or
officeholder, leadership PAC, or political party
committee for whom a fundraising event was hosted, co-
hosted, or sponsored by the lobbyist, the registrant,
or a political committee established or administered by
the registrant within the quarter, and the date,
location, and total amount (or good faith estimate
thereof) raised at such event;
``(E) the name of each Federal candidate or
officeholder, leadership PAC, or political party
committee for whom aggregate contributions equal to or
exceeding $200 were collected or arranged within the
calendar year, and to the extent known the aggregate
amount of such contributions (or a good faith estimate
thereof) within the quarter for each recipient;
``(F) the name of each covered legislative branch
official or covered executive branch official for whom
the lobbyist, the registrant, or a political committee
established or administered by the registrant provided,
or directed or caused to be provided, any payment or
reimbursements for travel and related expenses in
connection with the duties of such covered official,
including for each such official--
``(i) an itemization of the payments or
reimbursements provided to finance the travel
and related expenses, and to whom the payments
or reimbursements were made with the express or
implied understanding or agreement that such
funds will be used for travel and related
expenses;
``(ii) the purpose and final itinerary of
the trip, including a description of all
meetings, tours, events, and outings attended;
``(iii) whether the registrant or lobbyist
traveled on any such travel;
``(iv) the identity of the listed sponsor
or sponsors of such travel; and
``(v) the identity of any person or entity,
other than the listed sponsor or sponsors of
the travel, who directly or indirectly provided
for payment of travel and related expenses at
the request or suggestion of the lobbyist, the
registrant, or a political committee
established or administered by the registrant;
``(G) the date, recipient, and amount of funds
contributed, disbursed, or arranged (or a good faith
estimate thereof) by the lobbyist, the registrant, or a
political committee established or administered by the
registrant--
``(i) to pay the cost of an event to honor
or recognize a covered legislative branch
official or covered executive branch official;
``(ii) to, or on behalf of, an entity that
is named for a covered legislative branch
official, or to a person or entity in
recognition of such official;
``(iii) to an entity established, financed,
maintained, or controlled by a covered
legislative branch official or covered
executive branch official, or an entity
designated by such official; or
``(iv) to pay the costs of a meeting,
retreat, conference, or other similar event
held by, or for the benefit of, 1 or more
covered legislative branch officials or covered
executive branch officials;
``(H) the date, recipient, and amount of any gift
(that under the standing rules of the House of
Representatives or Senate counts towards the $100
cumulative annual limit described in such rules) valued
in excess of $20 given by the lobbyist, the registrant,
or a political committee established or administered by
the registrant to a covered legislative branch official
or covered executive branch official; and
``(I) the name of each Presidential library
foundation and Presidential inaugural committee, to
whom contributions equal to or exceeding $200 were made
by the lobbyist, the registrant, or a political
committee established or administered by the registrant
within the calendar year, and the date and amount of
each such contribution within the quarter.
``(2) Rules of construction.--
``(A) In general.--For purposes of this subsection,
contributions, donations, or other funds--
``(i) are `collected' by a lobbyist where
funds donated by a person other than the
lobbyist are received by the lobbyist for, or
forwarded by the lobbyist to, a Federal
candidate or other recipient; and
``(ii) are `arranged' by a lobbyist--
``(I) where there is a formal or
informal agreement, understanding, or
arrangement between the lobbyist and a
Federal candidate or other recipient
that such contributions, donations, or
other funds will be or have been
credited or attributed by the Federal
candidate or other recipient in
records, designations, or formal or
informal recognitions as having been
raised, solicited, or directed by the
lobbyist; or
``(II) where the lobbyist has
actual knowledge that the Federal
candidate or other recipient is aware
that the contributions, donations, or
other funds were solicited, arranged,
or directed by the lobbyist.
``(B) Clarifications.--For the purposes of this
paragraph--
``(i) the term `lobbyist' shall include a
lobbyist, registrant, or political committee
established or administered by the registrant;
and
``(ii) the term `Federal candidate or other
recipient' shall include a Federal candidate,
Federal officeholder, leadership PAC, or
political party committee.
``(3) Definitions.--In this subsection, the following
definitions shall apply:
``(A) Gift.--The term `gift'--
``(i) means a gratuity, favor, discount,
entertainment, hospitality, loan, forbearance,
or other item having monetary value; and
``(ii) includes, whether provided in kind,
by purchase of a ticket, payment in advance, or
reimbursement after the expense has been
incurred--
``(I) gifts of services;
``(II) training;
``(III) transportation; and
``(IV) lodging and meals.
``(B) Leadership pac.--The term `leadership PAC'
means with respect to an individual holding Federal
office, an unauthorized political committee which is
associated with an individual holding Federal office,
except that such term shall not apply in the case of a
political committee of a political party.''.
SEC. 213. ADDITIONAL DISCLOSURE.
Section 5(b) of the Act (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
a semicolon; 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 public
entity, including a State or local government or a department,
agency, special purpose district, or other instrumentality
controlled by a State or local government, or a private
entity.''.
SEC. 214. PUBLIC DATABASE OF LOBBYING DISCLOSURE INFORMATION.
(a) Database Required.--Section 6 of the Act (2 U.S.C. 1605) is
amended--
(1) in paragraph (7), by striking ``and'' at the end;
(2) in paragraph (8), by striking the period and inserting
``; and''; and
(3) by adding at the end the following:
``(9) maintain, and make available to the public over the
Internet, without a fee or other access charge, in a
searchable, sortable, and downloadable manner, an electronic
database that--
``(A) includes the information contained in
registrations and reports filed under this Act;
``(B) directly links the information it contains to
the information disclosed in reports filed with the
Federal Election Commission under section 304 of the
Federal Election Campaign Act of 1971 (2 U.S.C. 434);
and
``(C) is searchable and sortable, at a minimum, by
each of the categories of information described in
section 4(b) or 5(b).''.
(b) Availability of Reports.--Section 6(a)(4) of the Act is amended
by inserting before the semicolon the following: ``and, in the case of
a report filed in electronic form under section 5(e), shall make such
report available for public inspection over the Internet not more than
48 hours after the report is filed''.
(c) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out paragraph (9)
of section 6(a) of the Act, as added by subsection (a).
SEC. 215. DISCLOSURE BY REGISTERED LOBBYISTS OF ALL PAST EXECUTIVE AND
CONGRESSIONAL EMPLOYMENT.
Section 4(b)(6) of the Act (2 U.S.C. 1603) is amended by striking
``or a covered legislative branch official'' and all that follows
through ``as a lobbyist on behalf of the client,'' and inserting ``or a
covered legislative branch official,''.
SEC. 216. INCREASED PENALTY FOR FAILURE TO COMPLY WITH LOBBYING
DISCLOSURE REQUIREMENTS.
Section 7 of the Act (2 U.S.C. 1606) is amended by striking
``$50,000'' and inserting ``$200,000''.
SEC. 217. DISCLOSURE OF LOBBYING ACTIVITIES BY CERTAIN COALITIONS AND
ASSOCIATIONS.
(a) In General.--Section 4(b)(3)(B) of the Act (2 U.S.C.
1603(b)(3)(B)) is amended to read as follows:
``(B) participates in a substantial way in the
planning, supervision, or control of such lobbying
activities;''.
(b) No Donor or Membership List Disclosure.--Section 4(b) of the
Act (2 U.S.C. 1603(b)) is amended by adding at the end the following:
``No disclosure is required under paragraph (3)(B) if it is publicly
available knowledge that the organization that would be identified is
affiliated with the client or has been publicly disclosed to have
provided funding to the client, unless the organization in whole or in
major part plans, supervises, or controls such lobbying activities.
Nothing in 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. 218. DISCLOSURE OF ENFORCEMENT FOR NONCOMPLIANCE.
Section 6 of the Act (2 U.S.C. 1605) is amended--
(1) by inserting ``(a)'' before ``The Secretary of the
Senate'';
(2) in paragraph (8), by striking ``and'' at the end;
(3) in paragraph (9), by striking the period and inserting
``; and'';
(4) after paragraph (9), by inserting the following:
``(10) make publicly available the aggregate number of
lobbyists and lobbying firms, separately accounted, referred to
the United States Attorney for the District of Columbia for
noncompliance as required by paragraph (8) on a semi annual
basis''; and
(5) by inserting at the end the following:
``(b) Enforcement Report.--The United States Attorney for the
District of Columbia shall report to the Committee on Homeland Security
and Governmental Affairs and the Committee on the Judiciary of the
Senate and the Committee on Government Reform and the Committee on the
Judiciary of the House of Representatives on a semi annual basis the
aggregate number of enforcement actions taken by the Attorney's office
under this Act and the amount of fines, if any, by case, except that
such report shall not include the names of individuals or personally
identifiable information.''.
SEC. 219. ELECTRONIC FILING OF LOBBYING DISCLOSURE REPORTS.
Section 5 of the Act (2 U.S.C. 1604) is amended by adding at the
end the following:
``(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. 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. 220. ELECTRONIC FILING AND PUBLIC DATABASE FOR LOBBYISTS FOR
FOREIGN GOVERNMENTS.
(a) Electronic Filing.--Section 2 of the Foreign Agents
Registration Act (22 U.S.C. 612) is amended by adding at the end the
following new subsection:
``(g) Electronic Filing of Registration Statements and Updates.--A
registration statement or update 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 (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, an electronic database that--
``(A) includes the information contained in
registration statements and updates filed under this
Act;
``(B) directly links the information it contains to
the information disclosed in reports filed with the
Federal Election Commission under section 304 of the
Federal Election Campaign Act of 1971 (2 U.S.C. 434);
and
``(C) is searchable and sortable, at a minimum, by
each of the categories of information described in
section 2(a).
``(2) Accountability.--Each registration statement and
update filed in electronic form pursuant to section 2(g) shall
be made available for public inspection over the Internet not
more than 48 hours after the registration statement or update
is filed.''.
SEC. 221. ADDITIONAL LOBBYING DISCLOSURE REQUIREMENTS.
Section 5(b) of the Lobbying Disclosure Act of 1995 (2 U.S.C.
1604(b)) is amended by adding at the end the following:
``(8) a certification that the lobbying firm, or
registrant, and each employee listed as a lobbyist under
section 4(b)(6) or 5(b)(2)(C) for that lobbying firm or
registrant, has not provided, requested, or directed a gift,
including travel, to a Member or employee of Congress in
violation rule XXXV of the Standing Rules of the Senate or rule
XXV of the Rules of the House of Representatives.''.
SEC. 222. INCREASED CRIMINAL PENALTIES FOR FAILURE TO COMPLY WITH
LOBBYING DISCLOSURE REQUIREMENTS.
Section 7 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1606) is
amended--
(1) by inserting ``(a) Civil Penalty.--'' before
``Whoever''; and
(2) by adding at the end the following:
``(b) Criminal Penalty.--Whoever knowingly, willfully, and
corruptly fails to comply with any provision of this section shall be
imprisoned for not more than 10 years, or fined under title 18, United
States Code, or both.''.
SEC. 223. EFFECTIVE DATE.
This subtitle and the amendments made by this subtitle shall take
effect January 1, 2008.
Subtitle B--Oversight of Ethics and Lobbying
SEC. 231. COMPTROLLER GENERAL AUDIT AND ANNUAL REPORT.
(a) Audit Required.--The Comptroller General shall audit on an
annual basis lobbying registration and reports filed under the Lobbying
Disclosure Act of 1995 to determine the extent of compliance or
noncompliance with the requirements of that Act by lobbyists and their
clients.
(b) Annual Reports.--Not later than April 1 of each year, the
Comptroller General shall submit to Congress a report on the review
required by subsection (a). The report shall include the Comptroller
General's assessment of the matters required to be emphasized by that
subsection and any recommendations of the Comptroller General to--
(1) improve the compliance by lobbyists with the
requirements of that Act; and
(2) provide the Secretary of the Senate and the Clerk of
the House of Representatives with the resources and authorities
needed for effective administration of that Act.
SEC. 232. 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 120 days after the
date of enactment of this Act.
SEC. 233. SENSE OF THE SENATE REGARDING SELF-REGULATION WITHIN THE
LOBBYING COMMUNITY.
It is the sense of the Senate that the lobbying community should
develop proposals for multiple self-regulatory organizations which
could provide--
(1) for the creation of standards for the organizations
appropriate to the type of lobbying and individuals to be
served;
(2) training for the lobbying community on law, ethics,
reporting requirements, and disclosure requirements;
(3) for the development of educational materials for the
public on how to responsibly hire a lobbyist or lobby firm;
(4) standards regarding reasonable fees to clients;
(5) for the creation of a third-party certification program
that includes ethics training; and
(6) for disclosure of requirements to clients regarding fee
schedules and conflict of interest rules.
SEC. 234. ANNUAL ETHICS COMMITTEES REPORTS.
The Committee on Standards of Official Conduct of the House of
Representatives and the Select Committee on Ethics of the Senate shall
each issue an annual report due no later than January 31, describing
the following:
(1) The number of alleged violations of Senate or House
rules including the number received from third parties, from
Members or staff within each House, or inquires raised by a
Member or staff of the respective House or Senate committee.
(2) A list of the number of alleged violations that were
dismissed--
(A) for lack of subject matter jurisdiction; or
(B) because they failed to provide sufficient facts
as to any material violation of the House or Senate
rules beyond mere allegation or assertion.
(3) The number of complaints in which the committee staff
conducted a preliminary inquiry.
(4) The number of complaints that staff presented to the
committee with recommendations that the complaint be dismissed.
(5) The number of complaints that the staff presented to
the committee with recommendation that the investigation
proceed.
(6) The number of ongoing inquiries.
(7) The number of complaints that the committee dismissed
for lack of substantial merit.
(8) The number of private letters of admonition or public
letters of admonition issued.
(9) The number of matters resulting in a disciplinary
sanction.
Subtitle C--Slowing the Revolving Door
SEC. 241. 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) in paragraph (1)(A), by striking ``within 1 year'' and
inserting ``within 2 years'';
(2) by striking paragraphs (2) through (5) and inserting
the following:
``(2) Congressional staff.--
``(A) Prohibition.--Any person who is an employee
of a House of Congress 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 subparagraph
(B), on behalf of any other person (except the United
States) in connection with any matter on which such
former employee seeks action by a Member, officer, or
employee of either House of Congress, in his or her
official capacity, shall be punished as provided in
section 216 of this title.
``(B) Contact persons covered.--Persons referred to
in subparagraph (A) with respect to appearances or
communications are any Member, officer, or employee of
the House of Congress in which the person subject to
subparagraph (A) was employed. This subparagraph shall
not apply to contacts with 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.
``(3) Members of congress and elected officers.--Any person
who is a Member of Congress or an elected officer of either
House of Congress and who, within 2 years after that person
leaves office, knowingly engages in lobbying activities on
behalf of any other person (except the United States) in
connection with any matter on which such former Member of
Congress or elected officer seeks action by a Member, officer,
or employee of either House of Congress shall be punished as
provided in section 216 of this title.''.
(3) in paragraph (6)--
(A) by striking ``paragraphs (2), (3), and (4)''
and inserting ``paragraph (2)'';
(B) by striking ``(A)'';
(C) by striking subparagraph (B); and
(D) by redesignating the paragraph as paragraph
(4); and
(4) by redesignating paragraph (7) as paragraph (5).
(c) Definition of Lobbying Activity.--Section 207(i) of title 18,
United States Code, is amended--
(1) in paragraph (2), by striking ``and'' after the
semicolon;
(2) in paragraph (3), by striking the period and inserting
``; and''; and
(3) by adding at the end the following:
``(4) the term `lobbying activities' has the same meaning
given such term in section 3(7) of the Lobbying Disclosure Act
(2 U.S.C. 1602(7)).''.
(d) Effective Date.--The amendments made by subsection (b) shall
take effect 60 days after the date of enactment of this Act.
Subtitle D--Ban on Provision of Gifts or Travel by Lobbyists in
Violation of the Rules of Congress
SEC. 251. PROHIBITION ON PROVISION OF GIFTS OR TRAVEL BY REGISTERED
LOBBYISTS TO MEMBERS OF CONGRESS AND TO CONGRESSIONAL
EMPLOYEES.
The Lobbying Disclosure Act of 1995 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.--Persons described in subsection (b) may not
make a gift or provide travel to a Member, Delegate, Resident
Commissioner, officer, or employee of Congress, if the person has
knowledge that the gift or travel may not be accepted under the rules
of the House of Representatives or the Senate.
``(b) Persons Subject to Prohibition.--The persons subject to the
prohibition in subsection (a) are any lobbyist that registers under
section 4(a)(1), any organization that employs 1 or more lobbyists and
registers under section 4(a)(2), and any employee listed as a lobbyist
by a registrant under section 4(b)(6).
``(c) Penalty.--Any person who violates this section shall be
subject to the penalties provided in section 7.''.
Subtitle E--Commission to Strengthen Confidence in Congress Act of 2007
SEC. 261. SHORT TITLE.
This subtitle may be cited as the ``Commission to Strengthen
Confidence in Congress Act of 2007''.
SEC. 262. ESTABLISHMENT OF COMMISSION.
There is established in the legislative branch a commission to be
known as the ``Commission to Strengthen Confidence in Congress'' (in
this subtitle referred to as the ``Commission'').
SEC. 263. PURPOSES.
The purposes of the Commission are to--
(1) evaluate and report the effectiveness of current
congressional ethics requirements, if penalties are enforced
and sufficient, and make recommendations for new penalties;
(2) weigh the need for improved ethical conduct with the
need for lawmakers to have access to expertise on public policy
issues;
(3) determine whether the current system for enforcing
ethics rules and standards of conduct is sufficiently effective
and transparent;
(4) determine whether the statutory framework governing
lobbying disclosure should be expanded to include additional
means of attempting to influence Members of Congress, senior
staff, and high-ranking executive branch officials;
(5) analyze and evaluate the changes made by this Act to
determine whether additional changes need to be made to uphold
and enforce standards of ethical conduct and disclosure
requirements; and
(6) investigate and report to Congress on its findings,
conclusions, and recommendations for reform.
SEC. 264. COMPOSITION OF COMMISSION.
(a) Members.--The Commission shall be composed of 10 members, of
whom--
(1) the chair and vice chair shall be selected by agreement
of the majority leader and minority leader of the House of
Representatives and the majority leader and minority leader of
the Senate;
(2) 2 members shall be appointed by the senior member of
the Senate leadership of the Republican Party, 1 of which is a
former member of the Senate;
(3) 2 members shall be appointed by the senior member of
the Senate leadership of the Democratic Party, 1 of which is a
former member of the Senate;
(4) 2 members shall be appointed by the senior member of
the leadership of the House of Representatives of the
Republican Party, 1 of which is a former member of the House of
Representatives; and
(5) 2 members shall be appointed by the senior member of
the leadership of the House of Representatives of the
Democratic Party, 1 of which is a former member of the House of
Representatives.
(b) Qualifications; Initial Meeting.--
(1) Political party affiliation.--Five members of the
Commission shall be Democrats and 5 Republicans.
(2) Nongovernmental appointees.--An individual appointed to
the Commission may not be an officer or employee of the Federal
Government or any State or local government.
(3) Other qualifications.--It is the sense of Congress that
individuals appointed to the Commission should be prominent
United States citizens, with national recognition and
significant depth of experience in professions such as
governmental service, government consulting, government
contracting, the law, higher education, historian, business,
public relations, and fundraising.
(4) Deadline for appointment.--All members of the
Commission shall be appointed on a date 3 months after the date
of enactment of this Act.
(5) Initial meeting.--The Commission shall meet and begin
the operations of the Commission as soon as practicable.
(c) Quorum; Vacancies.--After its initial meeting, the Commission
shall meet upon the call of the chairman or a majority of its members.
Six members of the Commission shall constitute a quorum. Any vacancy in
the Commission shall not affect its powers, but shall be filled in the
same manner in which the original appointment was made.
SEC. 265. FUNCTIONS OF COMMISSION.
The functions of the Commission are to submit to Congress a report
required by this title containing such findings, conclusions, and
recommendations as the Commission shall determine, including proposing
organization, coordination, planning, management arrangements,
procedures, rules and regulations--
(1) related to section 263; or
(2) related to any other areas the commission unanimously
votes to be relevant to its mandate to recommend reforms to
strengthen ethical safeguards in Congress.
SEC. 266. POWERS OF COMMISSION.
(a) Hearings and Evidence.--The Commission or, on the authority of
the Commission, any subcommittee or member thereof, may, for the
purpose of carrying out this title hold such hearings and sit and act
at such times and places, take such testimony, receive such evidence,
administer such oaths.
(b) Obtaining Information.--Upon request of the Commission, the
head of any agency or instrumentality of the Federal Government shall
furnish information deemed necessary by the panel to enable it to carry
out its duties.
(c) Limit on Commission Authority.--The Commission shall not
conduct any law enforcement investigation, function as a court of law,
or otherwise usurp the duties and responsibilities of the ethics
committee of the House of Representatives or the Senate.
SEC. 267. ADMINISTRATION.
(a) Compensation.--Except as provided in subsection (b), members of
the Commission shall receive no additional pay, allowances, or benefits
by reason of their service on the Commission.
(b) Travel Expenses and Per Diem.--Each member of the Commission
shall receive travel expenses and per diem in lieu of subsistence in
accordance with sections 5702 and 5703 of title 5, United States Code.
(c) Staff and Support Services.--
(1) Staff director.--
(A) Appointment.--The Chair (or Co-Chairs) in
accordance with the rules agreed upon by the Commission
shall appoint a staff director for the Commission.
(B) Compensation.--The staff director shall be paid
at a rate not to exceed the rate established for level
V of the Executive Schedule under section 5315 of title
5, United States Code.
(2) Staff.--The Chair (or Co-Chairs) in accordance with the
rules agreed upon by the Commission shall appoint such
additional personnel as the Commission determines to be
necessary.
(3) Applicability of civil service laws.--The staff
director and other members of the staff of the Commission shall
be appointed without regard to the provisions of title 5,
United States Code, governing appointments in the competitive
service, and shall be paid without regard to the provisions of
chapter 51 and subchapter III of chapter 53 of such title
relating to classification and General Schedule pay rates.
(4) Experts and consultants.--With the approval of the
Commission, the staff director may procure temporary and
intermittent services under section 3109(b) of title 5, United
States Code.
(d) Physical Facilities.--The Architect of the Capitol, in
consultation with the appropriate entities in the legislative branch,
shall locate and provide suitable office space for the operation of the
Commission on a nonreimbursable basis. The facilities shall serve as
the headquarters of the Commission and shall include all necessary
equipment and incidentals required for the proper functioning of the
Commission.
(e) Administrative Support Services and Other Assistance.--
(1) In general.--Upon the request of the Commission, the
Architect of the Capitol and the Administrator of General
Services shall provide to the Commission on a nonreimbursable
basis such administrative support services as the Commission
may request.
(2) Additional support.--In addition to the assistance set
forth in paragraph (1), departments and agencies of the United
States may provide the Commission such services, funds,
facilities, staff, and other support services as the Commission
may deem advisable and as may be authorized by law.
(f) Use of Mails.--The Commission may use the United States mails
in the same manner and under the same conditions as Federal agencies
and shall, for purposes of the frank, be considered a commission of
Congress as described in section 3215 of title 39, United States Code.
(g) Printing.--For purposes of costs relating to printing and
binding, including the cost of personnel detailed from the Government
Printing Office, the Commission shall be deemed to be a committee of
the Congress.
SEC. 268. SECURITY CLEARANCES FOR COMMISSION MEMBERS AND STAFF.
The appropriate Federal agencies or departments shall cooperate
with the Commission in expeditiously providing to the Commission
members and staff appropriate security clearances to the extent
possible pursuant to existing procedures and requirements, except that
no person shall be provided with access to classified information under
this title without the appropriate security clearances.
SEC. 269. COMMISSION REPORTS; TERMINATION.
(a) Annual Reports.--The Commission shall submit--
(1) an initial report to Congress not later than July 1,
2007; and
(2) annual reports to Congress after the report required by
paragraph (1);
containing such findings, conclusions, and recommendations for
corrective measures as have been agreed to by a majority of Commission
members.
(b) Report Regarding Political Contributions.--
(1) In general.--Not later than 6 months after the date of
enactment of this Act, the Commission shall submit a report to
Congress detailing the number, type, and quantity of
contributions made to Members of the Senate or the House of
Representatives during the 30-month period beginning on the
date that is 24 months before the date of enactment of the Acts
identified in paragraph (2) by the corresponding organizations
identified in paragraph (2).
(2) Organizations and acts.--The report submitted under
paragraph (1) shall detail the number, type, and quantity of
contributions made to Members of the Senate or the House of
Representatives as follows:
(A) For the Medicare Prescription Drug,
Improvement, and Modernization Act of 2003 (Public Law
108-173; 117 Stat. 2066), any contribution made during
the time period described in paragraph (1) by or on
behalf of a political action committee associated or
affiliated with--
(i) a pharmaceutical company; or
(ii) a trade association for pharmaceutical
companies.
(B) For the Bankruptcy Abuse Prevention and
Consumer Protection Act of 2005 (Public Law 109-8; 119
Stat. 23), any contribution made during the time period
described in paragraph (1) by or on behalf of a
political action committee associated or affiliated
with--
(i) a bank or financial services company;
(ii) a company in the credit card industry;
or
(iii) a trade association for any such
companies.
(C) For the Energy Policy Act of 2005 (Public Law
109-58; 119 Stat. 594), any contribution made during
the time period described in paragraph (1) by or on
behalf of a political action committee associated or
affiliated with--
(i) a company in the oil, natural gas,
nuclear, or coal industry; or
(ii) a trade association for any such
companies.
(D) For the Dominican Republic-Central America-
United States Free Trade Agreement Implementation Act
(Public Law 109-53; 119 Stat. 462), any contribution
made during the time period described in paragraph (1)
by or on behalf of a political action committee
associated or affiliated with--
(i) the United States Chamber of Commerce,
the National Association of Manufacturers, the
Business Roundtable, the National Federation of
Independent Business, the Emergency Committee
for American Trade, or any member company of
such entities; or
(ii) any other free trade organization
funded primarily by corporate entities.
(3) Aggregate reporting.--The report submitted under
paragraph (1)--
(A) shall not list the particular Member of the
Senate or House of Representative that received a
contribution; and
(B) shall report the aggregate amount of
contributions given by each entity identified in
paragraph (2) to--
(i) Members of the Senate during the time
period described in paragraph (1) for the
corresponding Act identified in paragraph (2);
and
(ii) Members of the House of
Representatives during the time period
described in paragraph (1) for the
corresponding Act identified in paragraph (2).
(4) Definitions.--In this subsection--
(A) the terms ``authorized committee'',
``candidate'', ``contribution'', ``political
committee'', and ``political party'' have the meanings
given such terms in section 301 of the Federal Election
Campaign Act of 1971 (2 U.S.C. 431); and
(B) the term ``political action committee'' means
any political committee that is not--
(i) a political committee of a political
party; or
(ii) an authorized committee of a
candidate.
(c) Administrative Activities.--During the 60-day period beginning
on the date of submission of each annual report and the final report
under this section, the Commission shall--
(1) be available to provide testimony to committees of
Congress concerning such reports; and
(2) take action to appropriately disseminate such reports.
(d) Termination of Commission.--
(1) Final report.--Five years after the date of enactment
of this Act, the Commission shall submit to Congress a final
report containing information described in subsection (a).
(2) Termination.--The Commission, and all the authorities
of this title, shall terminate 60 days after the date on which
the final report is submitted under paragraph (1), and the
Commission may use such 60-day period for the purpose of
concluding its activities.
SEC. 270. FUNDING.
There are authorized such sums as necessary to carry out this
title.
TITLE III--CONGRESSIONAL PENSION ACCOUNTABILITY
SEC. 301. SHORT TITLE.
This title may be cited as the ``Congressional Pension
Accountability Act''.
SEC. 302. DENIAL OF RETIREMENT BENEFITS.
(a) In General.--Section 8312(a) of title 5, United States Code, is
amended--
(1) by striking ``or'' at the end of paragraph (1), by
striking the period at the end of paragraph (2) and inserting
``; or'', and by inserting after paragraph (2) the following:
``(3) was convicted of an offense described in subsection
(d), to the extent provided by that subsection.''; and
(2) by striking ``and'' at the end of subparagraph (A), by
striking the period at the end of subparagraph (B) and
inserting ``; and'', and by inserting after subparagraph (B)
the following:
``(C) with respect to the offenses described in subsection
(d), to the period after the date of conviction.''.
(b) Offenses Described.--Section 8312 of such title 5 is amended by
redesignating subsection (d) as subsection (e), and by inserting after
subsection (c) the following:
``(d) The offenses to which subsection (a)(3) applies are the
following:
``(1) An offense within the purview of--
``(A) section 201 of title 18 (bribery of public
officials and witnesses); or
``(B) section 371 of title 18 (conspiracy to commit
offense or to defraud United States), to the extent of
any conspiracy to commit an act which constitutes an
offense within the purview of such section 201.
``(2) Perjury committed under the statutes of the United
States or the District of Columbia in falsely denying the
commission of any act which constitutes an offense within the
purview of a statute named by paragraph (1), but only in the
case of the statute named by subparagraph (B) of paragraph (1).
``(3) Subornation of perjury committed in connection with
the false denial or false testimony of another individual as
specified by paragraph (2).
An offense shall not be considered to be an offense described in this
subsection except if or to the extent that it is committed by a Member
of Congress (as defined by section 2106, including a Delegate to
Congress).''.
(c) Absence From United States To Avoid Prosecution.--Section
8313(a)(1) of such title 5 is amended by striking ``or'' at the end of
subparagraph (A), by striking ``and'' at the end of subparagraph (B)
and inserting ``or'', and by adding at the end the following:
``(C) for an offense described under subsection (d)
of section 8312; and''.
(d) Nonaccrual of Interest on Refunds.--Section 8316(b) of such
title 5 is amended by striking ``or'' at the end of paragraph (1), by
striking the period at the end of paragraph (2) and inserting ``; or'',
and by adding at the end the following:
``(3) if the individual was convicted of an offense
described in section 8312(d), for the period after the
conviction.''.
SEC. 303. CONSTITUTIONAL AUTHORITY.
The Constitutional authority for this title is the power of
Congress to make all laws which shall be necessary and proper as
enumerated in Article I, Section 8 of the United States Constitution,
and the power to ascertain compensation for Congressional service under
Article I, Section 6 of the United States Constitution.
SEC. 304. EFFECTIVE DATE.
This title, including the amendments made by this title, shall take
effect on January 1, 2009 and shall apply with respect to convictions
for offenses committed on or after the date of enactment of this Act.
TITLE IV--GENERAL PROVISIONS
SEC. 401. 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 falsify, or to knowingly and willingly fails to file or
report, any information that such person is required to report under
section 102.
``(B) Any person who violates subparagraph (A) shall be fined under
title 18, United States Code, imprisoned for not more than 1 year, or
both.''.
SEC. 402. 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) by inserting after ``(e)'' the following: ``(1)''; and
(2) by adding at the end the following:
``(2) 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 14 business days after the
meeting occurs.''.
(b) Effective Date.--This section shall take effect October 1,
2007.
SEC. 403. FREE ATTENDANCE AT A BONA FIDE CONSTITUENT EVENT.
(a) In General.--Paragraph 1(c) of rule XXXV of the Senate Rules is
amended by adding at the end the following:
``(24) Subject to the restrictions in subparagraph (a)(2),
free attendance at a bona fide constituent event permitted
pursuant to subparagraph (h).''.
(b) In General.--Paragraph 1 of rule XXXV of the Senate Rules is
amended by adding at the end the following:
``(h)(1) A Member, officer, or employee may accept an offer
of free attendance in the Member's home State at a convention,
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 does not exceed $50;
``(B)(i) the event is sponsored by bona fide
constituents of, or a group that consists primarily of
bona fide 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 bona fide constituents of the
Member (or the Member by whom the officer or employee
is employed) provided that an individual registered to
lobby under the Federal Lobbying Disclosure Act 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 paragraph, the term `free
attendance' has the same meaning as in subparagraph (d).
SEC. 404. PROHIBITION ON FINANCIAL GAIN FROM EARMARKS BY MEMBERS,
IMMEDIATE FAMILY OF MEMBERS, STAFF OF MEMBERS, OR
IMMEDIATE FAMILY OF STAFF OF MEMBERS.
Rule XXXVII of the Standing Rules of the Senate is amended by
adding at the end the following:
``15. (a) No Member shall use his official position to introduce,
request, or otherwise aid the progress or passage of a congressional
earmark that will financially benefit or otherwise further the
pecuniary interest of such Member, the spouse of such Member, the
immediate family member of such Member, any employee on the staff of
such Member, the spouse of an employee on the staff of such Member, or
immediate family member of an employee on the staff of such Member.
``(b) For purposes of this paragraph--
``(1) the term `immediate family member' means the son,
daughter, stepson, stepdaughter, son-in-law, daughter-in-law,
mother, father, stepmother, stepfather, mother-in-law, father-
in-law, brother, sister, stepbrother, or stepsister of a Member
or any employee on the staff (including staff in personal,
committee and leadership offices) of a Member; and
``(2) the term `congressional earmark' means--
``(A) a provision or report language included
primarily at the request of a Member, Delegate,
Resident Commissioner, or 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) any revenue-losing provision that--
``(i) provides a Federal tax deduction,
credit, exclusion, or preference to 10 or fewer
beneficiaries under the Internal Revenue Code
of 1986; and
``(ii) contains eligibility criteria that
are not uniform in application with respect to
potential beneficiaries of such provision;
``(C) any Federal tax provision which provides one
beneficiary temporary or permanent transition relief
from a change to the Internal Revenue Code of 1986; and
``(D) any provision modifying the Harmonized Tariff
Schedule of the United States in a manner that benefits
10 or fewer entities.''.
SEC. 405. 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. 406. CONGRESSIONAL TRAVEL PUBLIC WEBSITE.
(a) In General.--Not later than January 1, 2008, the Secretary of
the Senate and the Clerk of the House of Representatives shall each
establish a publicly available website without fee or without access
charge, that contains information on all officially related
congressional travel that is subject to disclosure under the gift rules
of the Senate and the House of Representatives, respectively, that
includes--
(1) a search engine;
(2) uniform categorization by Member, dates of travel, and
any other common categories associated with congressional
travel; and
(3) all forms filed in the Senate and the House of
Representatives relating to officially-related travel referred
to in paragraph (2), including the ``Disclosure of Member or
Officer's Reimbursed Travel Expenses'' form in the Senate.
(b) Extension Authority.--If the Secretary of the Senate or the
Clerk of the House of Representatives is unable to meet the deadline
established under subsection (a), the Committee on Rules and
Administration of the Senate or the Committee on Rules of the House of
Representatives may grant an extension of such date for the Secretary
of the Senate or the Clerk of the House of Representatives,
respectively.
(c) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.
Passed the Senate January 18, 2007.
Attest:
Secretary.
110th CONGRESS
1st Session
S. 1
_______________________________________________________________________
AN ACT
To provide greater transparency in the legislative process.