[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.
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