[Congressional Record Volume 153, Number 124 (Tuesday, July 31, 2007)]
[Senate]
[Pages S10389-S10401]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




        LEGISLATIVE TRANSPARENCY AND ACCOUNTABILITY ACT OF 2007

  Mr. REID. I ask that the Chair lay before the Senate the message from 
the House on S. 1, the lobbying reform bill.
  The Presiding Officer laid before the Senate the following message 
from the House of Representatives:

       Resolved that the bill from the Senate (S. 1) entitled ``An 
     Act to Provide Greater Transparency in the Legislative 
     Process'' do pass with an amendment:

                                  S. 1

         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.

[[Page S10390]]

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.

[[Page S10391]]

       (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;

[[Page S10392]]

       ``(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:

[[Page S10393]]

     ``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

[[Page S10394]]

     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.

[[Page S10395]]

       ``(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

[[Page S10396]]

     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

[[Page S10397]]

     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

[[Page S10398]]

     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);

[[Page S10399]]

       ``(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

[[Page S10400]]

     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.


                             cloture motion

  Mr. REID. Mr. President, I move that the Senate concur in the 
amendment of the House, and I send a cloture motion to the desk.
  The PRESIDING OFFICER. The cloture motion having been presented under 
rule XXII, the Chair directs the clerk to read the motion.
  The legislative clerk read as follows:

                             Cloture Motion

       We, the undersigned Senators, in accordance with the 
     provisions of rule XXII of the Standing Rules of the Senate, 
     hereby move to bring to a close debate on the motion to 
     concur in the House amendment on S. 1, the Ethics Reform 
     bill.
         Joe Lieberman, Harry Reid, Byron L. Dorgan, Patty Murray, 
           Mark Pryor, Jeff Bingaman, Jack Reed, Dick Durbin, Jon 
           Tester, Tom Carper, Pat Leahy, Benjamin L. Cardin, 
           Debbie Stabenow, John Kerry, Barbara Boxer, Ted 
           Kennedy, Ken Salazar.


                           Amendment No. 2589

  Mr. REID. Mr. President, I move to concur in the House amendment with 
the following amendment which is at the desk.
  The PRESIDING OFFICER. The clerk will report the amendment.
  The legislative clerk read as follows:

       The Senator from Nevada [Mr. Reid] moves to concur in the 
     House amendment to S. 1 with an amendment numbered 2589.

  The amendment is as follows:

       At the end of the amendment add the following:
       This section shall take effect 3 days after date of 
     enactment.

  Mr. REID. Mr. President, I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There appears to be a sufficient second.

[[Page S10401]]

  The yeas and nays were ordered.


                Amendment No. 2590 to Amendment No. 2589

  Mr. REID. Mr. President, I send a second-degree amendment to the desk 
and ask for its immediate consideration.
  The PRESIDING OFFICER. The clerk will report the amendment.
  The legislative clerk read as follows:

       The Senator from Nevada [Mr. Reid] proposes an amendment 
     numbered 2590 to amendment No. 2589.

  The amendment is as follows:

       In the amendment strike 3 and insert 1.

  Mr. REID. Mr. President, I ask unanimous consent that the Senate 
continue consideration of H.R. 976.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. COBURN. Mr. President, the majority leader asked unanimous 
consent to bring the ethics bill to the floor. He filled the tree, 
limiting amendments. I wish to spend a minute talking about that.
  I honestly believe we are never going to have the problems fixed in 
Washington until we have absolute and complete transparency on 
earmarks. Senator DeMint and I have both, numerous times, asked for 
unanimous consent that what we voted on 96 to 0 in the Senate be the 
order of the day when it comes to transparency on earmarks. That was 
rejected. We had a Democratic conference, and what we actually did--and 
I am not saying this partisanly at all; this is not a partisan issue--
but what we did is gutted the transparency portion of the earmark 
reform. If you think the problems are going to stop with the ethics 
bill that is going to be coming up, we have another thought coming.
  What the leadership has done, the majority leader along with those in 
the other body, they have cleaned the outside of the cup to what looks 
like is a good deal for the American public, but when you look over the 
edge of the cup, what you see is filth, what you see is a lack of 
integrity, what you see is a planned method to skirt transparency. The 
only thing Americans should believe is the only way they are going to 
know everything is on the up and up in this body is with 100 percent 
transparency. Anything less than that will not get you the 
accountability, will not solve the ethical problems that are out there. 
We need to be about that.
  I am going to work hard to talk about that more. I think it is 
uncompromising what we are seeing done at this time to pull the wool 
over the eyes of the American people when it comes to earmarks. That is 
not a partisan issue. I am against earmarks, especially if they are not 
100 percent transparent. But if you look at every ethical lapse that 
has happened in this body, it always goes back to earmarks. When they 
are transparent, and fully transparent to where the American people can 
see it, you are going to start getting good Government again. Until 
then, you are not.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Minnesota is recognized.
  Ms. KLOBUCHAR. Thank you, Mr. President.
  I am here today to talk about the State Children's Health Insurance 
Program. I, first, do wish to say I am very pleased we are advancing an 
ethics bill in the Senate. I am very pleased with the work the majority 
leader has done on this bill. As a freshman class, we came in with some 
energy, and we came in with a commitment that we cannot do business as 
usual in Washington.
  This ethics bill, as many outside groups have stated, is the most 
sweeping ethics reform we have seen since Watergate. It is about 
banning gifts and free meals. It is about not allowing people to take 
advantage of corporate jets. It is about bringing transparency to the 
earmark process.
  I am very glad this advanced. I did not agree with a few of our 
Members who tried to block this from going to conference committee. I 
am glad we found a way procedurally to bring this legislation to the 
Senate. I am very hopeful it will pass the Senate, as it passed the 
House today.

                          ____________________